October 24, 2022 Agenda ERIC SWENSON,MAYOR
CITY OF WOODBURN DEBBIE CABRALES,COUNCILOR WARD I
ALICE SWANSON,COUNCILOR WARD II
CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III
SHARON SCHAUB,COUNCILOR WARD IV
MARY BETH CORNWELL,COUNCILOR WARD V
OCTOBER 24, 2022— 7:00 P.M. BENITO PUENTE JR.,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 and the Library will be closed on November 11 in observance of
Veterans Day. Transit and the Aquatic Center will be open normal hours.
4. COMMUNITY/GOVERNMENT ORGANIZATIONS
None.
5. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
A. Non-Discretionary Investment Advisory Services
B. Safety Compass/Center for Hope & Safety
C. Police Department Purple Heart Award
6. COMMUNICATIONS
None.
7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council
consideration not already scheduled on the agenda.
This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at
503-980-6318 or Statewide To//Free Relay (800) 735-1232, at least 48 hours prior to this meeting.
Si usted necesita asistencia especial, comuniquese al 503-980-6322 o a la linea telef6nica gratuita, (800)
735-1232, con un minimo de 48 horas, antes de la reuni6n.
**Habrd int6rpretes disponibles para aquellas personas clue no hablan Ingl6s, previo acuerdo.
Comuniquese al (503) 980-6322.**
October 24, 2022 Council Agenda Page i
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 Meeting minutes of October 10, 2022 1
Recommended Action: Approve the minutes.
Woodburn City Council Meeting Executive Session minutes of October
B. 4
10, 2022
Recommended Action: Approve the minutes.
C. City Council Holiday Meeting Schedule 5
Recommended Action: Approve a November and December 2022
meeting schedule that has been modified due to the holidays to
include only one City Council meeting in November and one in
December. The modified schedule will include a meeting on
November 14 and a meeting on December 12.
D. Liquor License Application for Casa De Caldos 6
Recommended Action: Recommend that the OLCC approve the
Liquor License Application for Casa De Caldos.
Acceptance of a Public Water Line Easement at 225 S. Pacific 8
E. Highway, Woodburn, OR 97071 (Tax Lots 051W18DA01100 and
051 W 18DA01101)
Recommended Action:Authorize the acceptance of a Public Water
Line Easement granted by Deborah D. Unrau and Nancy A. Titus,
trustees of the Deborah D. Unrau Living Trust dated June 1, 2021 and
the Nancy A. Titus Living Trust dated May 26, 2022 respectively, both
being members of Cross Roads Property Management, LLC., property
owner of the property located at 225 S. Pacific Highway, Woodburn,
O R 97071 (Tax Lots 051 W 18DA01 100 a nd 051 W 110 101).
F. Crime Statistics through September 2022 15
Recommended Action: Receive the report.
9. PUBLIC HEARINGS
None.
10. 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.
October 24, 2022 Council Agenda Page ii
A. Council Bill No. 3197 - A Resolution Adopting a Supplemental Budget 20
and Making Appropriations for FY 2022-2023
Recommended Action: Adopt the Resolution authorizing increasing
the Operating Revenue in the General Fund and Operating
Expenditures by $1,500,000 to account for the Business Oregon SPWF
Grant of$500,000 and the ODOT Immediate Opportunity Fund Grant of
$1,000,000.
B. Council Bill No. 3198 - A Resolution Authorizing the Transfer of 24
Appropriations within the General Fund for the Fiscal Year 2022-2023
Recommended Action: Adopt a resolution authorizing up to $750,000
transfer from the General Fund's Contingency to Non-Departmental
category for a grant award to AWARE Food Bank for the reconstruction
of their facility.
C. Sale of Property Located at 11842 NE Chateau Dr. 28
Recommended Action: Authorize the City Administrator to enter into a
purchase and sale agreement and transfer title of City owned property
located at 11842 Chateau Dr. NE,Woodburn,OR 97071 to Severo Trapala
by means of a Special Warranty Deed.
D. Award a contract for Non-Discretionary Investment Advisory Services 41
Recommended Action: Award a Contract for Non-Discretionary
Investment Advisory Services to PFM Asset Management LLC and
authorize the City Administrator to sign the Agreement.
11. OTHER BUSINESS
None.
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. Briefing on the Community Development Director's approval of a 43
Design Review and Property Line Adjustment application package for
AWARE Foodbank at 152 Arthur Street (DR 22-10 & PLA 22-06)
Recommended Action: Staff recommends no action and briefs the
Council on this item pursuant to Woodburn Development Ordinance
(WDO) Section 4.02.02. The Council may call up this item for review if
desired and, by majority vote, initiate a review of this decision.
13. CITY ADMINISTRATOR'S REPORT
October 24, 2022 Council Agenda Page iii
14. MAYOR AND COUNCIL REPORTS
15. EXECUTIVE SESSION
None.
16. ADJOURNMENT
October 24, 2022 Council Agenda Page iv
COUNCIL MEETING MINUTES
OCTOBER 10, 2022
DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, OCTOBER 10, 2022
CONVENED The meeting convened at 7:00 p.m. with Mayor Swenson presiding.
ROLL CALL
Mayor Swenson Present
Councilor Carney Present
Councilor Cornwell Present
Councilor Schaub Present
Councilor Swanson Present
Councilor Puente Present
Councilor Cabrales Present
Staff Present: City Administrator Derickson, Assistant City Attorney Granum, Assistant City
Administrator Row, Police Chief Pilcher, Community Development Director Kerr, Finance
Director Turley, Human Resources Director Gregg, Economic Development Director Johnk,
Special Projects Director Wakely, Community Services Director Cuomo, Software Support
Specialist Sanchez, Public Affairs and Communications Coordinator Moore, City Recorder
Pierson
PROCLAMATION
Mayor Swenson recognized Indigenous Peoples' Day.
BUSINESS FROM THE PUBLIC
Mark Wigg, Salem, introduced himself to the City Council and announced that he is running for
County Commissioner.
CONSENT AGENDA
A. Woodburn City Council Meeting minutes of September 26, 2022,
B. Building Activity for September 2022.
Carney/Schaub... adopt the Consent Agenda. The motion passed unanimously.
CITY ADMINISTRATOR AND CITY ATTORNEY ANNUAL PERFORMANCE
EVALUATIONS
Mayor Swenson stated that at the adjournment of the last Council Meeting, there was a motion on
the floor to table the evaluations discussion until Council can get training on this item. The motion
passed unanimously.
EVALUATION PROCESS REVIEW
Mayor Swenson stated that he has been in contact with the Hatfield School of Government and
they are willing to provide the training. Councilor Carney stated that this is an excellent idea to
review the evaluation process and that it should take place during the next two-year goal setting in
2023. City Administrator Derickson stated that he and the City Attorney are in favor of that.
Carney/Schaub... table the Evaluation Process Review, Item B, until we schedule our goal
setting in early 2023 and make the evaluation process one of the significant goals in that process.
The motion passed unanimously.
Dalia Lopez, 415 Oak St., stated that she watched the last Council meeting and was concerned
Page 1 - Council Meeting Minutes, October 10, 2022
1
COUNCIL MEETING MINUTES
OCTOBER 10, 2022
with the evaluation process that should have been taken care of. She wonders why those that did
not know how to fill it out did not reach out to others for assistance. She added that she did not
like the fact that some Councilors walked out. She added that she felt the Mayor was rude to
Councilor Carney and very disruptive and that Councilor Swanson was out of sorts saying she did
not understand how to fill out the form. She wants an answer as to why this was not done and that
the community expects them to work as a team.
Councilor Puente responded that his reasoning was that he wanted to get more peoples perspectives
on how Scott and Bob are doing and not just base the evaluation on his own experience with them.
Councilor Cornwell thanked Dalia for coming to speak and added that if Councilors had concerns
about the evaluation process, they should have come out and said it from the beginning.
Councilor Swanson clarified that she had previous plans set up and that is why she was unable to
attend the meetings.
Councilor Puente stated that he was unable to attend the meetings due to job commitments.
COUNCIL BILL NO.3199-A RESOLUTION TO EXTEND AND PROVIDE MUNICIPAL
SEWER SERVICES TO THE WOODBURN CHURCH OF THE NAZARENE
PROPERTY (3601 NEWBERG HWY, WOODBURN, OREGON) LOCATED OUTSIDE
THE CORPORATE CITY BOUNDARIES
Carney introduced Council Bill No. 3199. City Recorder Pierson read the bill by title only since
there were no objections from the Council.Assistant City Attorney Granum provided a staff report.
Pastor Will Robertson, 311 S. Evergreen Rd., stated that he is in favor of getting on the City's
sewer system. On roll call vote for final passage, the bill passed unanimously. Mayor Swenson
declared Council Bill No. 3199 duly passed.
AMERICAN RESCUE PLAN ACT (ARPA) AGREEMENT WITH IMMANUEL
LUTHERAN CHURCH FOR THE COMMUNITY MEAL PROGRAM
City Administrator Derickson provided a staff report. Councilor Swanson stated she is a member
of this program and they are taking meals out to various locations throughout the City to reach
more people. Councilor Cornwell stated that she would like it to be a goal next year that they hold
the smaller organizations accountable as well and maybe have them present to the City Council
how they spent the money. Carney/Cornwell... approve the proposed ARPA Agreement with
Immanuel Lutheran Church for their Community Meal Program effective upon execution of the
Agreement, through July 31, 2024. The motion passed unanimously.
UTILITY ASSISTANCE PROGRAM—ADDITIONAL FUNDING
Community Services Director Cuomo provided staff report. Carney/Swanson... authorize the
City Administrator to sign the enclosed agreement with Love INC of North Marion County for the
administration of the Utility Assistance Program for Fiscal Years 2022-23 and 2023-24, in the
amount of up to $25,000.00 annually. The motion passed unanimously.
FIRST AMENDMENT TO ARPA FUNDED SERVICES GRANT AGREEMENT WITH
LIBERTY HOUSE
City Administrator Derickson provided a staff report. Carney/Schaub... authorize the City
Administrator to sign an amendment to the ARPA Funded Services Grant Agreement with Liberty
House to increase the amount of grant funding with an additional one-time payment of
$120,000.00 to expand the scope of Project Services provided to the City and its residents. The
motion passed unanimously.
Page 2 - Council Meeting Minutes, October 10, 2022
2
COUNCIL MEETING MINUTES
OCTOBER 10, 2022
CITY ADMINISTRATOR'S REPORT
The City Administrator reported the following:
• Will be sending a letter to candidates with an offer to meet with him and he will answer
any factual questions about the City that he can.
• Attended the League of Oregon Cities Conference last week and it was one of the best he
had attended.
• The City received a certificate of achievement for excellence in financial reporting from
GFOA.
• Provided a document to the City Council that includes the successes of the past year.
COUNCIL REPORTS
Councilor Carney stated that he learned a great deal at the League of Oregon Cities conference.
Councilor Schaub stated that she also attended the League of Oregon Cities conference and learned
a lot. She added the people at the conference commented to her about Woodburn and how lucky
we are to have Scott as our City Administrator.
Councilor Puente gave Kudos to the Educator of the Year, Rosa Floyd.
Mayor Swenson stated that he attended the Family Building Block fundraiser where Woodburn
was highlighted. He also attended the 30-year anniversary party at Walmart and a book opening
of the Hispanic Origins of Oregon at our library.
EXECUTIVE SESSION
Mayor Swenson entertained a motion to adjourn into executive session under the authority of ORS
192.660(2)(e). Carney/Cabrales... move into executive session under the authority of ORS
192.660(2)(e). The motion passed unanimously. The Council adjourned into executive session at
7:56 p.m. and reconvened at 8:27 p.m. Mayor Swenson stated that no action was taken by the
Council while in executive session.
Mayor Swenson stated that Musio Chavez of Woodburn is in the top five in the Mullet
Championships.
ADJOURNMENT
Swanson/Schaub... move to adjourn. The motion passed unanimously. Mayor Swenson adjourned
the meeting at 8:29 p.m.
APPROVED
ERIC SWENSON, MAYOR
ATTEST
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 3 - Council Meeting Minutes, October 10, 2022
3
EXECUTIVE SESSION MINUTES
OCTOBER 10, 2022
DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, OCTOBER 10, 2022
CONVENED The meeting convened at 7:57 p.m. with Mayor Swenson presiding.
ROLL CALL
Mayor Swenson Present
Councilor Carney Present
Councilor Cornwell Present
Councilor Schaub Present
Councilor Swanson Present
Councilor Puente Present
Councilor Cabrales Present
Mayor Swenson reminded Councilors and staff that information discussed in executive session is not
to be discussed with the public.
Staff Present: City Administrator Derickson, Assistant City Attorney Granum, Assistant City
Administrator Row, City Recorder Pierson
Others in attendance: None.
The executive session was called:
To conduct deliberations with persons designated by the governing body to negotiate real property
transactions pursuant to ORS 192.660(2)(e).
ADJOURNMENT
The executive session adjourned at 8:27 p.m.
APPROVED
Eric Swenson, Mayor
ATTEST
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 1 —Executive Session Minutes, October 10, 2022
4
�(�'�'1 -r ,I lig♦ +J
BU
October 24, 2022
TO: Honorable Mayor and City Council r
FROM: Scott Derickson, City Administrator
SUBJECT: City Council Holiday Meeting Schedule
RECOMMENDATION:
Approve a November and December 2022 meeting schedule that has been
modified due to the holidays to include only one City Council meeting in
November and one in December. The modified schedule will include a meeting
on November 14 and a meeting on December 12.
BACKGROUND/ DISCUSSION:
The City Council typically modifies their meeting schedule in November and
December, due to potential conflicts with the Thanksgiving and Christmas
holidays.
FINANCIAL IMPACT:
N/A
Agenda Item Review: City Administrator x_ City Attorney_x_ Finance_x
5
�'I'1 r I Iii♦ r}
B V'
October 24, 2022
TO: Honorable Mayor and City Council through City Administrator
THRU: Martin Pilcher, Chief of Police
FROM: Keith Kimberlin, Lieutenant
SUBJECT: Liquor License Application
RECOMMENDATION:
Recommend that the OLCC approve the Liquor License Application for Casa
De Caldos.
BACKGROUND:
Applicant: Casa De Caldos LLC
954 N. Pacific Highway
Woodburn, OR 97071
503-902-0664
Point of
Contact: Galilean Salazar
1051 W. Main Street
Molalla, OR 97038
713-823-6748
Business: Casa De Caldos
954 N. Pacific Highway
Woodburn, OR 97071
503-902-0664
Owner(s): Galilean Mendoza Salazar
Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—X-
6
Honorable Mayor and City Council
October 24, 2022
Page 2
License Type(s):
Full On-Premises Commercial- May sell and serve by the drink at retail to
consumers for consumption on the licensed premises: Distilled spirits, malt
beverages (beer), wine, and cider.
May sell at retail for off licensed premises consumption: malt beverages, wine,
and cider in factory sealed containers for take-out and delivery.
May sell mixed drinks and servings of wine by the drink to consumers for
consumption off licensed premises.
On October 13, 2022, the Woodburn Police Department received an
application for On-Premises Commercial sales liquor license for Casa De Caldos.
The business currently operates as a Restaurant and Lounge, with total capacity
of 100, located at 954 N. Pacific Highway in Woodburn, OR 97071 .
The hours of operation are 8 AM to 6 PM on Sunday, and 5 AM to 9 PM Monday
to Saturday. There is Karaoke for entertainment noted at the business. The
Woodburn 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 of Casa De
Caldos LLC., and the listed owner, Galilean Mendoza Salizar, through various
police databases and business related databases. Galilean Mendoza Salizar
holds a valid driver's license and no other items of concern were located during
the check.
FINANCIAL IMPACT:
None
7
�'I'1 r I Iii♦ r}
RRYiN� /y1 fun.-
October
24, 2022
TO: Honorable Mayor and City Council through City Administrator
FROM: Curtis Stultz, Public Works Director
SUBJECT: Acceptance of a Public Water Line Easement at 225 S. Pacific
Highway, Woodburn, OR 97071 (Tax Lots 051W18DA01100 and
051 W18DA01101)
RECOMMENDATION:
Authorize the acceptance of a Public Water Line Easement granted by Deborah
D. Unrau and Nancy A. Titus, trustees of the Deborah D. Unrau Living Trust dated
June 1 , 2021 and the Nancy A. Titus Living Trust dated May 26, 2022 respectively,
both being members of Cross Roads Property Management, LLC., property owner
of the property located at 225 S. Pacific Highway, Woodburn, OR 97071 (Tax Lots
051 W1 8DA01 100 and 051 W1 8DA01 101 ).
BACKGROUND:
The developer of 1430 E. Cleveland Street is required to acquire and provide to
the City of Woodburn, a public water line easement over the adjacent property
owned by Cross Roads Property Management, LLC in order to satisfy the
conditions of approval of Design Review (CU 2020-01 , DR 2020-02, EXCP 2020-04,
PLA 2020-02, & VAR 2020-02, et al).
DISCUSSION:
The water line easement is a sixteen (16) feet wide strip located along the
northeasterly portion of the property, extending from Portland Road NE (Pacific
Highway 99E) to the southeasterly lot line of Parcel 1, as shown by map thereof on
Partition Plat No. 2022-53, City of Woodburn, Marion County, Oregon. The
acquisition of this easement will allow the extension of the water main line through
said Parcel 1 , completing a loop that ties into the water main along Portland Road
NE (Pacific Highway 99E). The water line easement will allow a permanent
easement and right-of-way, including the permanent right to construct,
reconstruct, operate and maintain a water line on the described land.
Agenda Item Review: City Administrator_x_ City Attorney_x Finance—X-
8
Mayor and City Council
October 24, 2022
Page 2
FINANCIAL IMPACT:
There is no cost to the City for the Water Line Easement.
Attachments
A copy of the water line easement document is included as Exhibit "A" and Exhibit
9
AFTERRECORDING RETURN TO:
WoodbUrn City Recorder
City of WoodbUrn
270 Montgomery Street
Woodburn, OR 97071
CITY OF WOODBURN, OREGON
PUBLIC UTILITY EASEMENT
Cross Roads Property Management, LLC, an Oregon lirnited liability cornpany,
GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a
pennarient easernent and right-of-, way, inClUding the permarren't right. to
construct,, reconstrUCt, operate, and maintain a public waterline on the following
described land-,
,See attached Exhibit, "A" Legal Description of Permanent Easement arid
attached Exhibit 'B" Sketch for Legal Description of Permaner)t Easement
which are by this reference incorporated herein
GRANTOR reserves the right to use the surface of the land for any Purpose that "60
not be inconsistent or interfere with the use of the easerflent by Ci/TY. No building or" utility
shall be placed upon, under', or within the property subject to the foregoing easernerA
dUringthe term thereof, however-, without the written pernnissron of CITY.
Upon corripletion of' any construction, reconstruction, or n,iaintenance, CITY shall
restore the surface of -the Grantor's property to its original condition and shall indemnify
and hold GRAN-FOR harmless against any and all loss, cost, or darnage arising Out Of the
exerc,use of the rights granted herein,
The true consideratior-i of this conveyance is other valuable co ri side rabo ri, the
receipt of which is acknowledged by GRANTOR,
GRANTOR coveriants to C/7 Y that GRANTOR is lawfully sewed it) fee simple of t1w
above-granted premises and that GRANTOR and their heirs arid personal representatives
shall warrant and forever defend the said premises and every part thereof to CITY against
the lawful claims and demands of all persori,s, claiming by, through, or under GRANTOR,
IDATED this day of .. 202Z
.......... ...
Cross Roads Property Managernent, LLC
B X`: B
.......... y .................................
Deborah D. UnraLl, '"I"rustee of the Nancy A. "fjtR, r "be of the Nancy A,
Deborah (), UnraU Living Trust dated Titus Living Trust dated May 26, 2022,
,June 1, 2021„ Member Men,iber
PUbliic Utility Easements(Permanent)
Page 1 of 3
10
BY
ChrusO her M, Titus, "Trustee of the
Nancy A. Titus Living Trust dated May
26, 2022, Member
STATE OF OREGON
. ss,
County o �
The foregoing instrument was acknowledged before rruo this _ .._w day of
. .......__.._......_.............. 022 by Deborah D. Unrau.u, Trustee of the Deborah D. Unrau�
Living Trust dated June 1 , 2021, as "le tuber of Cross Roads Property Management,ament, LLCM, a
limited liability company, and the foregoing instrument, was signed and sealed on behalf of
said limited liability company by authority of its members; and each of th :rn acknowledged
said lrrstruaryient to he its voluntary act and deed.
- c W SrArrP
M, TT� �_l �a r
u
Commission .x lr°es
rA y�u�r� n�,u�uu�uN Ea;:nru�r-u� u� au..27,2G24
STATE- OF OREGON
S&
OILAINty of M� MI.-
The
I.he for golrrcl instrument was acknowledged before uTle this .�_ day of
... ..... 2022 by Nancy A, Titus, Trustee of they Nancy A. Tutus Linin
Trust dated May , 2022, as Member of Cross Toads Property Management, LLC, a limited
liability con,-i any, and the foregoing instrument was signed and sealed on behalf of said
limited liability company by authority of its members; and each of them, acknowledged said
instrurnent to be Its voluntary act and deed.
»°
oe
_...._...�.... ........._.._._
l
eubs a r� er OFI RI c r Commission 71 OREGON
u C p
NO 999265,
My C uD@u°6U@,SM @::Xr'Ir ES AMU. 27,202
Pu bhc,tAility Easements(Permanent)
Page 2 of 3
11
STATE OF C l �' N �
ss.
CO Unty f
The foregoing instrument was acknowledged before race this � � day of
2022 la
�. ......w......... ...ww..... .......,. y Christopher M, Titus, Trustee f the Cy A. " ltcJ
h..iving Trust dated May 26, 2022, as Member of Cross l ands Proprty Management, I.J.-C, a
limited liability company, and the foregoing instrument was signed and sealed on behalf of
said limited liability cornpany by authority of its members; and each of them acknowledged
d
said instrurrierit: t be its voluntary act and dined.
` � JAMES n Duw MORRISON
l tmAl `r' l tlel lC OCSA
uru �uuua� ��Td� ., w, nM
WlYPUDIC' OREGON
F ON
_.
.:m ....
m "wG::��6�P'��w��,��Nr,N fin ,999265y C.�rTarla�s sN rl F' ��ur s .....,
MY C'OfARld4BSUN E7„PP mom,AK#R 27 2024'
City of Woodburn
270 Montgomery Street
u oodbUrru, OR 97071
(Grantee's Narne and Address)
By Signature Wow, the City of Woodburn,urn, C regon,
Approves and Accepts this Conveyance PuarW arat to
ORS 91808.
City Recorder:
r:
Heather. ' i r sca r. .._.._.__._..._._.._. __..w__.._..__... .
Pubk C.itility Easements s(I=�'errrasnent)
Page 3 of
12
AzIMLTrtiSUR'VEYING Phone(503)364-0026
2015 Market Street NE Salern,Oregon 97301 July 22, 2022
Legal Description for Jimmy and Gwendolyn Templeton
Public Water Line Easement
A strip of land 1'6.00 feet in width, lying 8,00 feet on each side of the IbIlowing described,
centerfine:
Beginning at a point on the cast line of Partition Plat 95-7 1, Marion County, Oregon,
which is 119.56 feet North 32'20'53" East from the southeast corner of Parcel 3 (-.)f'said
Partition Plat .95-71 and rcinning thence South 6014759"' East, a distance of 290.41 feet to
the west line of Portland Road (Pacific Highway 9913).
REGISTERE
PnOFESSIONAL
LAND SURVEYOR
y
JULY"�5" IG'Q'D
24 1-1 EP:LE]R
51
F,x[iibit A
13
PUBLIC
FOR
JIMMY AND, GWENDOLYN TEMPLETON
in the SE 1 SECTION 18, T. 5 S., R. 1 ., . w
CITE" B RN, MARION COUNTY, OREGON
OCTOBER 11, 2022
__-e.-__----_®--_.m____M
7* " 290.4-l'
16,010' PUBLIC: WATER LINE EASEMENT
GROSS ROADS PROPERTY MANAGEMENT, LLCM Ch
REEL. 3579, PAGE 375
a f)
C S`
.w _ .........___ ... _ �.a... ®...._._ __. ...,,. ....... ...._... ........ .. .... m_
I
MEGM
JULY 25,
6
I� 11 YIR
1s o
AZIMUTH SURVEYING JAMES S. HIP
2015 Market t Street, N 51 Flxhi O t t
SaI rn, Or rr 7301 EXPIRES: 6. 30-23
Phone 0;9� 364-00261 SCALE 1 '
Project No. 19-060
14
10/12/2022 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
2022 Year to Date
CHARGE DESCRIPTION Jan Feb Mar Apr May Jun Jul Aug Sep Total
AGGRAVATED ASSAULT 5 0 0 10 2 6 3 2 6 3
ANIMAL CRUELTY 0 0 0 0 0 0 1 0 2 3
ANIMAL ORDINANCES 2 9 2 7 4 3 0 3 2 32
ARSON 0 0 0 0 0 0 1 0 2 3
ASSAULT SIMPLE 8 7 8 11 12 13 11 11 9 90
ATTEMPTED MURDER 0 0 0 0 2 0 0 0 0 2
BURGLARY- BUSINESS 2 2 0 0 0 0 0 0 1 5
BURGLARY- RESIDENCE 2 1 0 0 0 2 1 0 1 7
CHILD NEGLECT 0 0 1 0 0 0 1 0 0 2
CRIME DAMAGE-NO VANDALISM OR ARSON 3 6 1 1 2 4 1 2 3 23
CURFEW 0 1 0 0 0 0 0 0 0 1
CUSTODY- MENTAL 2 4 3 2 1 2 3 1 1 19
DISORDERLY CONDUCT 5 2 1 3 4 6 1 3 8 33
DRIVING UNDER INFLUENCE 6 8 7 11 9 6 14 8 6 7
DRUG LAW VIOLATIONS 2 0 3 3 1 5 0 0 1 1
DWS/REVOKED -FELONY 0 0 0 0 0 2 0 0 0 2
DWS/REVOKED-MISDEMEANOR 4 2 2 1 1 2 5 0 2 19
ELUDE 1 2 0 2 0 0 0 1 2 8
ESCAPE FROM YOUR CUSTODY 0 0 1 0 0 1 0 0 0 2
EXTORTION/BLACKMAIL 0 0 0 0 0 0 1 0 1 2
FAIL TO DISPLAY OPERATORS LICENSE 0 0 0 1 0 0 0 0 0 1
FAILURE TO REGISTER AS SEX OFFENDER 0 0 0 0 0 0 0 1 0 1
FORCIBLE RAPE 0 0 0 2 0 0 0 0 0 2
FORGERY/COUNTERFEITING 1 0 0 0 0 0 0 0 0 1
FRAUD - BY DECEPTION/FALSE PRETENSES 0 1 5 0 0 1 0 1 0 8
FRAUD -CREDIT CARD/AUTOMATIC TELLER MACHINE 0 0 0 3 1 1 0 0 0 5
FRAUD -OF SERVICES/FALSE PRETENSES 0 2 0 0 0 0 0 0 0 2
FUGITIVE ARREST FOR ANOTHER AGENCY 43 38 37 29 30 22 32 36 35 302
HIT AND RUN FELONY 0 0 0 0 0 0 1 0 0 1
HIT AND RUN-MISDEMEANOR 1 3 5 2 2 4 4 1 0 22
IDENTITY THEFT 1 0 0 0 0 1 0 1 0 3
INTIMIDATION /OTHER CRIMINAL THREAT 8 7 6 3 2 7 10 4 2 49
INVASION OF PERSONAL PRIVACY 0 0 0 0 0 1 0 0 0 1
KIDNAP -FOR ADDITIONAL CRIMINAL PURPOSE 0 2 0 0 0 2 0 0 0 4
MINOR IN POSSESSION 1 1 0 0 1 0 1 1 0 5
MISCELLANEOUS 0 0 4 0 0 0 0 0 0 4
MOTOR VEHICLE THEFT 3 2 3 1 6 0 2 0 0 17
OTHER 2 0 1 6 2 4 3 2 1 21
PROPERTY RECOVER FOR OTHER AGENCY 2 0 0 0 0 0 0 0 0 2
PROVIDE FALSE INFORMATION TO LAW ENFORCEMEN 1 0 0 2 0 1 1 0 1 6
RECKLESS DRIVING 2 3 5 4 3 2 9 4 6 38
RECKLESSLY ENDANDERING 2 0 1 0 3 1 5 1 1 1
RESTRAINING ORDER VIOLATION 2 1 1 2 2 1 0 0 0 9
ROBBERY- BUSINESS 1 1 0 0 0 0 0 1 0 3
ROBBERY-CAR JACKING 0 1 0 0 0 0 1 0 0 2
ROBBERY-CONV.STORE 0 0 0 0 0 0 0 1 0 1
ROBBERY-OTHER 1 0 0 0 0 0 0 0 1 2
ROBBERY- RESIDENCE 1 0 0 0 0 0 0 0 0 1
RUNAWAY 1 0 0 0 1 1 1 1 1 6
EX CRIME -CONTRIBUTE TO SEX DELINQUENCY 1 0 0 00 0 0 1 0 2
EX CRIME -EXPOSER 0 0 0 0 0 0 1 0 0 1
EX CRIME -MOLEST(PHYSICAL) 0 0 2 1 0 1 0 0 0 4
EX CRIME -NON FORCE SODOMY 0 0 0 0 0 0 0 1 0 1
EX CRIME -NON-FORCE RAPE 1 0 0 1 0 0 0 1 01 3
Page 1 of 2
15
10/12/2022 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
2022 Year to Date
an Feb Mar Apr May Jun Jul Aug Sep Total
EX CRIME -OTHER 0 1 0 0 0 0 0 0 0 1
EX CRIME -SEXUAL ASSAULT WITH AN OBJECT 0 0 1 0 0 0 0 0 0 1
STOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 1 0 4 0 0 0 1 0 0 6
HEFT- BICYCLE 0 0 0 0 0 0 1 0 0 1
HEFT- BUILDING 2 1 1 0 2 0 0 0 0 6
HEFT- FROM MOTOR VEHICLE 1 0 0 0 0 0 0 0 0 1
HEFT-OTHER 4 0 3 2 0 1 1 1 2 1
HEFT- PICKPOCKET 0 0 0 0 1 1 0 0 0 2
HEFT-SHOPLIFT 13 2 3 5 9 6 4 15 9 66
TRAFFIC VIOLATIONS 1 2 0 0 0 0 0 4 2 9
TRESPASS 3 45 3 2 4 4 3 6 8 78
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 2 0 1 0 0 1 0 0 0
VANDALISM 2 38 4 1 2 3 1 1 2 5
EHICLE RECOVERD FOR OTHER AGENCY 0 0 0 0 0 0 0 1 0 1
EAPON -CARRY CONCEALED 1 0 0 0 0 3 0 1 1 6
EAPON -EX FELON IN POSSESSION 2 2 1 1 0 1 0 1 0 8
EAPON -OTHER 0 0 1 0 0 0 0 0 0 1
EAPON -POSSESS ILLEGAL 7 3 3 5 6 2 6 3 6 41
EAPON -SHOOTING IN PROHIBITED AREA 2 0 0 0 0 0 0 0 0 2
ILLFUL MURDER 01 01 01 01 01 01 0 1 0 1
Jan Feb Mar Apr May Jun Jul AugSep Total
2022 Total 158 200 124 124 115 124 131 123 125 1,224
2021 Total 173 97 81 272 134 173 207 132 171 1440
2020 Total 161 139 105 133 149 153 109 144 138 1231
Arrests/Year
1600
1400
1200
N
1000
`1 800
Q 600
400
200
0
2020 2021 2022
Year
Page 2 of 2
16
10/12/2022 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
2022 Year to Date
CHARGE DESCRIPTION Jan Feb Mar Apr May Jun Jul Aug Sep Total
AGGRAVATED ASSAULT 5 0 3 5 4 10 5 6 4 42
ANIMAL CRUELTY 0 0 0 0 0 1 1 0 2
ANIMAL ORDINANCES 2 5 3 6 4 3 0 3 2 28
ARSON 0 0 0 1 0 0 3 1 2 7
ASSAULT SIMPLE 17 11 12 13 24 18 21 23 19 158
ATTEMPTED MURDER 0 0 0 0 1 0 0 0 0 1
BURGLARY- BUSINESS 4 1 0 1 1 2 0 0 3 12
BURGLARY-OTHER STRUCTURE 1 0 0 1 0 1 0 1 0
BURGLARY- RESIDENCE 3 2 0 0 0 3 1 4 0 13
CHILD NEGLECT 0 0 1 0 0 0 1 1 0 3
CRIME DAMAGE-NO VANDALISM OR ARSON 18 9 6 15 4 8 10 11 16 97
CRIMINAL MISTREATMENT 0 0 1 0 0 0 0 0 1 2
CURFEW 0 1 0 0 0 0 0 0 0 1
CUSTODY- MENTAL 2 4 3 2 1 2 3 1 1 19
DISORDERLY CONDUCT 4 3 2 3 7 8 4 6 7 4
DRIVING UNDER INFLUENCE 6 8 7 11 9 6 15 8 6 76
DRUG LAW VIOLATIONS 2 0 2 3 1 2 0 1 2 13
DWS/REVOKED- FELONY 0 0 0 1 0 2 0 0 0 3
DWS/REVOKED-MISDEMEANOR 4 2 2 2 1 2 5 1 1 20
ELUDE 6 1 1 4 2 1 3 4 3 2
EMBEZZLEMENT 0 0 0 0 0 0 0 0 1 1
ESCAPE FROM YOUR CUSTODY 0 0 1 0 0 1 0 0 0 2
EXPLOSIVES 0 0 0 0 0 0 1 0 0 1
EXTORTION/BLACKMAIL 0 0 0 0 0 0 2 4 0 6
FAIL TO DISPLAY OPERATORS LICENSE 0 0 0 1 0 0 0 0 0 1
FAILURE TO REGISTER AS SEX OFFENDER 0 0 0 0 0 0 0 1 0 1
FORCIBLE RAPE 2 0 4 2 3 2 0 2 0 1
FORGERY/COUNTERFEITING 2 2 2 1 5 4 2 3 4 2
FRAUD- BY DECEPTION/FALSE PRETENSES 2 4 8 9 3 7 6 2 8 49
FRAUD- CREDIT CARD/AUTOMATIC TELLER MACHINE 3 2 0 4 4 1 3 4 4 2
FRAUD- IMPERSONATION 0 1 2 1 2 0 0 0 0 6
FRAUD- OF SERVICES/FALSE PRETENSES 1 2 0 0 0 0 0 0 0 3
FRAUD-WIRE 0 0 0 0 1 0 0 1 2
FRAUD-OTHER 0 0 0 1 0 0 0 0 0 1
FUGITIVE ARREST FOR ANOTHER AGENCY 25 22 28 18 19 15 24 23 24 198
GARBAGE LITTERING 0 0 1 0 0 0 0 0 0 1
HIT AND RUN FELONY 1 0 1 1 2 1 1 1 0 8
HIT AND RUN-MISDEMEANOR 23 21 27 15 14 20 20 10 14 16
IDENTITY THEFT 3 3 2 4 2 2 3 1 1 21
INTIMIDATION /OTHER CRIMINAL THREAT 5 6 6 1 10 8 14 6 3 59
INVASION OF PERSONAL PRIVACY 0 0 0 0 0 1 0 0 0 1
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 0 2 0 0 2 2 0 0 2 8
KIDNAP - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNE 0 0 0 0 0 0 1 0 0 1
MINOR IN POSSESSION 1 1 0 0 0 0 1 1 0
MISCELLANEOUS 13 20 16 21 8 8 9 26 13 13
MOTOR VEHICLE THEFT 22 19 9 22 17 19 14 16 8 146
NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 1 1 0 0 1 3
OTHER 3 1 3 5 4 4 4 3 2 29
PROPERTY- FOUND LOST MISLAID 3 3 1 2 0 0 2 0 1 12
PROPERTY RECOVER FOR OTHER AGENCY 1 0 1 1 0 0 1 0 1
PROSTITUTION - ENGAGE IN 0 1 0 0 0 0 0 0 0 1
PROSTITUTION - PROMOTE 0 1 0 0 0 0 0 0 0 1
RECKLESS DRIVING 3 3 7 6 3 3 10 6 7 48
RESTRAINING ORDER VIOLATION 3 2 1 2 3 2 0 1 0 1
ROBBERY- BUSINESS 3 1 0 2 1 0 2 2 0 11
ROBBERY- CAR JACKING 0 1 0 0 0 0 1 0 0 2
ROBBERY- OTHER 2 0 0 0 0 2 1 3 1 9
Page 1 of 2 17
10/12/2022 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
2022 Year to Date
Jan IFeb Mar Apr May Jun Jul Aug Sep Total
ROBBERY- RESIDENCE 1 0 0 0 0 0 0 0 0 1
RUNAWAY 3 0 1 1 2 6 1 2 1 17
SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 0 0 0 0 1 0 1 1 3
SEX CRIME - EXPOSER 0 0 0 0 0 0 1 0 1 2
SEX CRIME - FORCIBLE SODOMY 0 0 0 0 0 0 1 1 01 2
SEX CRIME - MOLEST (PHYSICAL) 0 0 5 2 2 3 0 1 1 1
SEX CRIME - NON FORCE SODOMY 0 0 0 0 0 0 0 1 0 1
SEX CRIME - NON-FORCE RAPE 4 1 0 0 0 0 0 1 0 6
SEX CRIME - OBSCENE PHONE CALL 0 0 0 0 0 0 1 1 0 2
SEX CRIME - OTHER 0 1 0 0 0 1 0 0 0 2
SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 0 0 0 0 1 0 0 0 0 1
STALKER 0 0 0 1 2 1 2 2 0 8
STOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 0 0 1 0 1 1 1 0 0
SUICIDE 0 0 0 0 0 0 1 0 0 1
HEFT- BICYCLE 2 0 0 1 2 2 1 0 0 8
HEFT- BUILDING 2 1 2 1 4 4 0 2 6 22
HEFT- FROM MOTOR VEHICLE 31 15 17 12 14 13 9 14 11 136
HEFT- MOTOR VEHICLE PARTS/ACCESSORIES 0 2 1 3 2 6 5 3 7 29
HEFT- OTHER 10 12 8 8 7 12 11 9 11 88
HEFT- PICKPOCKET 0 1 0 0 1 0 1 1 3 7
HEFT- PURSE SNATCH 3 0 0 0 1 1 0 1 0 6
HEFT- SHOPLIFT 35 26 54 28 28 33 33 45 37 319
TRAFFIC VIOLATIONS 2 2 4 0 2 0 1 4 5 20
TRESPASS 5 15 2 4 3 5 3 8 8 53
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 7 1 0 1 2 0 2 8 41 2
VANDALISM 12 23 17 20 28 11 15 8 6 140
VEHICLE RECOVERD FOR OTHER AGENCY 4 3 0 2 1 1 2 3 2 18
WEAPON -CARRY CONCEALED 1 0 0 0 1 2 0 0 2 6
WEAPON - EX FELON IN POSSESSION 2 2 1 1 1 2 0 0 0 9
WEAPON -OTHER 0 0 1 0 0 0 0 0 0 1
WEAPON - POSSESS ILLEGAL 8 3 4 4 7 4 8 4 3 4
WEAPON -SHOOTING IN PROHIBITED AREA 6 2 2 1 2 1 3 4 2 23
ONING ORDINANCE 0 0 0 0 0 0 0 0 1 1
[W Feb I Marl Apr Ma Jun I Jul AuglSep I Total
2022 Total 1 3331 27q 2831 2771 2771 2821 2961 3111 2781 2,612
2021 Total 1 2591 2131 2571 2621 2731 3301 3381 2701 322 2,52
2020 Total 1 3071 3221 2491 2781 3611 3761 3361 3291 332 2,890
Offenses/Year
3200
2800
2400
W 2000
W 1600
0 1200
800
400
0 . .
2020 2021 2022
YEAR
Page 2 of 2 18
Woodburn Police Department
ORDINANCE VIOLATIONS
2022 Year to Date
10/12/2022
Ordinance Discription Jan Feb Mar Apr May Jun Jul Aug Sep Total
Animal Complaint 39 53 53 67 48 66 50 45 40 461
Ordiinance -Abate/Nuisances 2 5 11 6 3 0 1 1 0 29
Ordinance -Abandoned Vehicles 38 34 59 36 31 25 54 39 32 348
Ordinance -Abate Graffiti 13 48 18 38 14 15 5 8 3 162
Ordinance - Land Use Violations 1 0 0 0 0 0 0 0 0 1
Ordinance -Oth Violation 135 58 110 58 45 31 33 38 37 545
Ordinance -Tall Grass 1 0 0 1 241 83 67 41 0 434
2022 Total 229 198 251 206 382 220 210 172 112 1,980
2021 Total 51 66 83 96 115 101 120 103 124 859
2020 Total 109 121 97 80 156 123 114 90 79 969
Ordinance Violations / Code Enforcement Officers
1200
1000
N 800
Z
O
Q 600
O 400
200
0
2020 2021 2022
COMBINED TOTAL-CODE ENFORCEMENT OFFICERS
Ordinance Violations / Year
2000
1600
Z 1200
O
F
J
0
800
400 j
0
2020 2021 2022
YEAR TOTALS FOR ALL OFFICERS
1
19
f,�'IPr ,vera
DBURN I&M
October 24, 2022
TO: Honorable Mayor and Council through City Administrator
FROM: Anthony Turley, Finance Director
SUBJECT: FY 2022-2023 Supplemental Budget Request for appropriation
authority for two State Grant Awards approved by the City Council
at the April 11, 2022 council meeting.
RECOMMENDATION:
Adopt the Resolution authorizing increasing the Operating Revenue in the
General Fund and Operating Expenditures by $1 ,500,000 to account for the
Business Oregon SPWF Grant of$500,000 and the ODOT Immediate Opportunity
Fund Grant of $1 ,000,000.
BACKGROUND:
Every year, after Council budget adoption, circumstances arise that were
either unforeseen, unquantifiable, or discovered as errors. Oregon Budget Law,
ORS 294.471 (1 ) provides for changes to adopted budgets through a transfer
resolution or supplemental budget process that notices the proposed changes.
Transfers in excess of 15 percent of any fund's total expenditures, or
supplemental budget changes in excess of 10 percent of any fund's total
expenditures, require a public hearing to accept public testimony on the item
under consideration.
Like the adopted budget, supplemental budget requests must be balanced;
in other words, net revenue and net expense for the request must be equal.
This can be accomplished by budgeting additional revenue or by reducing
another expenditure category (such as contingencies).
DISCUSSION:
This supplemental budget request is necessary to address the appropriation of
funds for the two grant awards as described below:
Business Oregon SPWF Grant: Business Oregon manages a Special Public Works
Fund program that provides grants to municipally incorporated entities for
development projects, including transportation infrastructure projects, where
there is firm business commitment to create or retain traded-sector jobs (up to
Agenda Item Review: City Administrator_x_City Attorney_x Finance_x_
20
Honorable Mayor and City Council
October 24, 2022
Page 2
$5,000 per eligible job and not to exceed 85% of the project cost or $500,000
per project). The City of Woodburn applied for and was awarded a Special
Public Works Fund Grant and now desires to accept the funding award of
$500,000, which will be directed toward the Butteville Road Realignment
Project.
ODOT Immediate 01212ortunity Fund Grant: The Oregon Department of
Transportation (ODOT) manages an Immediate Opportunity Fund (IOF) to
support primary economic development in Oregon through the construction
and improvement of streets and roads. The City of Woodburn applied for and
was awarded an ODOT Immediate Opportunity Fund Grant and now desires to
accept the funding award of $1,000,000, which will be directed toward the
Butteville-219 Roundabout Project. Amazon estimates the costs of the
complete infrastructure improvements will total $7,937,050. With the $500,000
SPWF funds to Butteville Road and $1 ,000,000 ODOT IOF funds to the OR-219
roundabout, Amazon will invest the remaining balance of $6,437,050 to the
infrastructure improvements.
Staff recommends adding an additional $1 ,500,000 to the General Fund's FY
2023 budget.
FINANCIAL IMPACT:
If the resolution is approved, the following changes will be made:
SUMMARY OF PROPOSED BUDGET CHANGES
AMOUNTS SHOWN ARE REVISED TOTALS IN THOSE FUNDS BEING MODIFIED
General-001
Resource Original Change Revised Requirement Original Change Revised
1 Grants 27,101,870 1,500,000 28,601,870 I Grants 27,101,870 1,500,000 28,601,870
Revised Total Fund Resources 28,601,870 Revised Total Fund Requirements 28,601,870
Comments:State grants allocated to Butteville Rd.Realignment and Roundabout Construction projects.
21
COUNCIL BILL NO. 3197
RESOLUTION NO. 2198
A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET AND MAKING
APPROPRIATIONS FOR FY 2022-2023
WHEREAS, on June 13, 2022, the Woodburn City Council approved a
Resolution adopting a budget for the fiscal year 2022-2023, wherein funds were
appropriated; and
WHEREAS, ORS 294.471 (1 )(a) permits supplemental budgets when "an
occurrence or condition which had not been ascertained at the time of the
preparation of a budget for the current year or current budget period which
requires a change in financial planning"; and
WHEREAS, ORS 294.471 (1 )(c) permits supplemental budgets when "funds
that are made available by another unit of federal, state or local government
and the availability of which could not reasonably be foreseen when preparing
the original budget or a previous supplemental budget for the current year or
current budget period"; and
WHEREAS, Under ORS 294.471 (3), a supplemental budget in which no fund
changes more than 10% can be adopted at a regularly scheduled meeting of
the governing body without a public hearing; and
WHEREAS, the supplemental budget contained herein and made pursuant
to ORS 294.471, is a result of increases to the City's operating revenue in the
General Funds of $1,500,000, accounting for receipt of the Business Oregon SPWF
Grant of $500,000 and the ODOT Immediate Opportunity Fund Grant of
$1 ,000,000; and
WHEREAS, a regularly scheduled City Council meeting was held October
24, 2022 on the supplemental budget changes and notice of the meeting was
published at least five days prior to the meeting, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That pursuant to the applicable ORS provisions cited above, the
City Council hereby approves the transfers of appropriations and supplemental
budget for FY 2022-23 in the amounts shown in the summary.
Page 1 - COUNCIL BILL NO. 3197
RESOLUTION NO. 2198
22
SUMMARY OF PROPOSED BUDGET CHANGES
AMOUNTS SHOWN ARE REVISED TOTALS IN THOSE FUNDS BEING MODIFIED
General-001
Resource Original Change Revised Requirement Original Change Revised
1 Grants 27,101,870 1,500,000 28,601,870 I Grants 27,101,870 1,500,000 28,601,870
Revised Total Fund Resources 28,601,870 Revised Total Fund Requirements 28,601,870
Comments:State grants allocated to Butteville Rd.Realignment and Roundabout Construction projects.
Approved as to Form:
City Attorney Date
APPROVED:
Eric Swenson, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2- COUNCIL BILL NO. 3197
RESOLUTION NO. 2198
23
DBUR
Proe.�;:;rrreef A$'7R7
October 24, 2022
TO: Honorable Mayor and City Council through City Administrator
FROM: Tony Turley, Finance Director
SUBJECT: FY 2022-23 Transfer of Appropriations Request within General Fund
RECOMMENDATION:
Adopt a resolution authorizing up to $750,000 transfer from the General Fund's
Contingency to Non-Departmental category for a grant award to AWARE Food
Bank for the reconstruction of their facility.
BACKGROUND:
Every year, after Council budget adoption, circumstances arise that were either
unforeseen, unquantifiable, or discovered as errors. Oregon Budget Law, ORS
294.471 (1 ) provides for changes to adopted budgets through a transfer resolution
or supplemental budget process that notices the proposed changes. Transfers not
in excess of 15 percent of any fund's total expenditures may be made through a
resolution without adoption of a supplemental budget. The proposed transfer of
General Fund appropriations is less than 3 percent of the Fund's total budgeted
expenditures.
DISCUSSION:
General Fund (001 ): Contingency $750,000
Authority is requested to move $750,000 from Contingency to the Materials &
Services category.
General Fund (001 ): Materials & Services $750,000
The increase represents additional funds needed for the distribution of grant
funds to the AWARE Food Bank.
At the time we were completing the FY 2022-23 budget for the City, we had
received approval of an additional $500,000 to the original award of $250,000 of
CDBG-CV funds for the AWARE Food Bank re-development project.
Agenda Item Review: City Administrator x_ City Attorney_x_ Finance_x-
24
Honorable Mayor and City Council
October 24, 2022
Page 2
Where we were able to reflect the grant revenue into the budget, we did not get
the corresponding expenses accounted for in the budget. This oversight was due
to a multitude of reasons, one of which included discussion with Business Oregon
regarding the use of the CDBG-CV funding. Business Oregon has been
concerned that the proposed re-construction of the AWARE Food Bank building
would be classified as a new construction rather than a re-construction by HUD
based on the addition of approximately 800 sf to the size of the structure. If this
was the case, Business Oregon was indicating that they would reverse the award
of the additional $500,000.
Since that time, however, the issue has been resolved and the City will receive
the full $750,000 for the AWARE Food Bank project and thus requires making an
amendment to the adopted FY 2022-23 budget.
FINANCIAL IMPACT:
If the resolution is approved, $750,000 will be transferred from the General Fund's
Contingency to Materials & Services category. This transfer will not change the
Fund's total budgeted expenditures.
SUMMARY OF PROPOSED BUDGET CHANGES
AMOUNTS SHOWN ARE REVISED TOTALS IN THOSE FUNDS BEING MODIFIED
General Fund 001
Resource Original Change Revised Requirement Original Change Revised
1 Materials &Services - 750,000 750,000
2 Contingency (750,000) (750,000)
Revised Total Fund Resources Revised Total Fund Requirements
Comments: Transfer of Contingency balance to Materials&Services
25
COUNCIL BILL NO. 3198
RESOLUTION NO. 2199
A RESOLUTION AUTHORIZING THE TRANSFER OF APPROPRIATIONS WITHIN THE GENERAL
FUND FOR THE FISCAL YEAR 2022-2023
WHEREAS, on June 13, 2022, the Woodburn City Council approved a Resolution
adopting a budget for the fiscal year 2022-2023, wherein funds were appropriated;
and
WHEREAS, ORS 294.463 provides that transfers of appropriations may be made
within a given fund when authorized by Resolution of the City Council; and
WHEREAS, the City routinely budgets certain amounts and contingencies to
provide budget resources to fund appropriations not anticipated at the time of budget
adoption; and
WHEREAS, transfers may be made from an operating contingency appropriation
to the appropriation category from which it will be expended; and
WHEREAS, contingency transfers that in aggregate during a fiscal year do not
exceed fifteen percent (15%) of the total appropriations of the fund contained in the
original budget may be made through a resolution without adoption of a
supplemental budget; and
WHEREAS, changes to previously budgeted appropriations in the General Fund
are needed for reconstruction of the Aware Food Bank facility located across the
street from City Hall, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. Transfer of Appropriations. The following Transfer of Appropriations
within the General Fund for the 2022-2023 fiscal year is hereby approved:
SUMMARY OF PROPOSED BUDGET CHANGES
AMOUNTS SHOWN ARE REVISED TOTALS IN THOSE FUNDS BEING MODIFIED
General Fund 001
Resource Original Change Revised Requirement Original Change Revised
1 Materials &Services - 750,000 750,000
2 Contingency (750,000) (750,000)
Revised Total Fund Resources Revised Total Fund Requirements -
Comments: Transfer of Contingency balance to Materials&Services
Page 1 - COUNCIL BILL NO. 3198
RESOLUTION NO. 2199
26
Approved as to form:
City Attorney Date
Approved:
Eric Swenson, 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. 3198
RESOLUTION NO. 2199
27
�'I'1 r I Iii♦ r}
Y 9M& Its
BU
Pri,a�.;rrt rr,a' aA'!R7
October 24, 2022
TO: Honorable Mayor and City Council through City Administrator
FROM: Jim Row, Assistant City Administrator
SUBJECT: Sale of Property Located at 11842 NE Chateau Dr.
RECOMMENDATION:
Authorize the City Administrator to enter into a purchase and sale agreement and
transfer title of City owned property located at 11842 Chateau Dr. NE, Woodburn,
OR 97071 to Severo Trapala by means of a Special Warranty Deed.
BACKGROUND:
Consistent with their adopted FY 14/15 Goals, in October 2015, the City
Conducted a public hearing and declared seven City owned parcels as surplus,
which was the first step required by the City in order to market and sell
properties for which it had no further public purpose in owning. To date, two of
the original seven parcels have been sold - 347 N. Front St (Association Building)
was sold to Novera LLC in 2016 and 1750 Park Ave (vacant parcel) was sold to
Farmworker Housing Development Corporation in 2018.
In August 2020, the City Council accepted an offer to sell the subject parcel for
$50,000. However, the buyer backed out and the sale never occurred.
Recently, Severo Trapala (Buyer) contacted the City and subsequently
submitted an offer to purchase the subject property, which is located in the
Chateau Ranchettes development, for $45,000. The Marion County Assessor's
Office has assigned the parcel a Real Market Value (RMV) of $50,000. Staff
believes the $45,000 offered price is reasonable.
DISCUSSION:
Utilizing American Recovery and Reinvestment Act (ARRA) funds received in
2009, the City extended municipal water service to the Shalimar, Driftwood, and
Chateau Ranchettes mobile/ manufactured home developments. These
projects were deemed necessary by the City, since the well water systems at all
Agenda Item Review: City Administrator_x City Attorney_x_ Finance—x-
28
Honorable Mayor and City Council
October 24, 2022
Page 2
three developments fell out of compliance with updated EPA standards. A
component of the project in the Chateau Ranchettes development included
the City decommissioning the existing drinking water well. The City purchased
the site where the well existed prior to conducting the decommissioning efforts.
Once the well was decommissioned, the parcel served no further public
purpose, and was eventually declared surplus by the City Council.
FINANCIAL IMPACT:
The $45,000 in proceeds from the sale will be receipted to the General Fund,
which supports general City services, such as police, parks and the Library.
Enclosures:
Purchase and Sale Agreement
29
PURCHASE &SALE AGREEMENT
This Purchase and Sale Agreement("Agreement") is entered into this _day of
2022 ("Effective Date"), by and between the City of Woodburn, an Oregon municipal
corporation ("Seller") and Severo Trapala, individuals ("Buyer") (collectively the "Parties").
RECITALS
A. Seller owns fee-simple title to real property generally located at 11842 Chateau Dr. NE,
Woodburn, Oregon, more particularly described in Exhibit A(the"Property").
B. Both Parties have agreed to execute this Purchase and Sale Agreement in the form and
including the terms and conditions set out in this Agreement.
The Parties agrees as follows:
AGREEMENT
1. Purchase and Sale, Price, and Payment.
1.1. Purchase and Sale. For and in consideration of the Purchase Price (as defined in Section
1.2) and the mutual promises, covenants, representations, and warranties contained in this
Agreement, Seller shall sell and convey, and the Buyer shall purchase the real property, together
with all improvements, generally located at 11842 Chateau Dr. NE, Woodburn, Oregon, more
particularly described in Exhibit A(the"Property").
1.2. Purchase Price. Buyer shall pay the Seller the amount of forty-five thousand and 0/100
dollars ($45,000.00) as consideration for purchase of the Property(the "Purchase Price").
1.3. Payment.The Purchase Price shall be payable by the Buyer to the Seller on or before the
Closing Date (as defined in Section 2.2.1). Payment may be made through escrow opened with
First American Title Company ("Escrow Agent").
2. Escrow and Closing.
2.1. Opening of Escrow. Seller will open an escrow account at the offices of First American
Title Company at 681 Glatt Circle,Woodburn, Oregon. Upon mutual execution of this Agreement,
Buyer and Seller shall deliver a fully executed copy of this Agreement to Escrow Agent.
2.2. Closing.
2.2.1 Closing Date. The consummation of the purchase and sale of the Property (the
"Closing") will occur within ten (10) days after satisfaction or waiver of the Buyer's
conditions to Closing set forth in Section 4.1 below,and no later than December 31, 2022.
The term"Closing Date" means the date of Closing.The Closing will be conducted through
escrow with the Escrow Agent (it being the intention of the Parties that all closing
documentation and funds will be delivered to the Escrow Agent).
PURCHASE&SALE AGREEMENT
11842 Chateau Dr.NE,Woodburn,OR 97071 Page 1 of 11
30
2.2.2 Seller's Closing Obligations. At the Closing, Seller shall:
(a) Execute, acknowledge and deliver a Special Warranty Deed for the Property
subject only to the Permitted Exceptions and such other agreements,
documents and instruments as may be necessary to transfer, convey and
assign the Property to Buyer;
(b) Deliver to Buyer, pursuant to Section 1445 of the Internal Revenue Code of
1986, as amended, a non-foreign affidavit, stating that Seller is not a foreign
person and providing Seller's United States taxpayer identification number;
and
(c) Deliver to Buyer such other instruments or documents as may be required
pursuant to the provisions hereof or as mutually agreed by counsel for Seller
and Buyer to be necessary to fully consummate the transaction contemplated
hereby.
2.2.3. Buyer's Closing Obligations. At the Closing, Buyer shall:
(a) Deliver to Seller cash or immediately available funds for the Purchase Price;
and
(b) Deliver to Seller such other instruments or documents as may be required
pursuant to the terms hereof or mutually agreed by counsel for Seller and
Buyer to be necessary to fully consummate the transaction contemplated
hereby.
2.2.4 Allocation of Closing Costs. The cost of closing the transaction shall be allocated
between Seller and Buyer as follows:
(a) Seller shall pay: (i) the Premium for the ALTA owner's coverage Title Policy
required by subsection 3.2; and (ii) one-half of the escrow fees of the Title
Company.
(b) Buyer shall pay: (i) one-half of the escrow fees of the Title Company; (ii) the
cost of additional or extended title insurance beyond standard coverage; and
(iii)the cost of recording the special warranty deed and any other documents
that Buyer may choose to record.
(c) All other expenses incurred by Seller or Buyer with respect to Closing,
including but not limited to attorneys' fees, shall be borne and paid
exclusively by the party incurring the same unless the Parties hereto
expressly agree in writing to the allocation of part or all of such expenses to
one of the Parties.
2.3 Risk of Loss. Risk of loss or damage to the Property by condemnation, eminent domain,
or similar proceedings(or deed in lieu thereof),or by fire or any other casualty,from the Effective
Date through Closing will be on Seller and thereafter will be on Buyer. Seller will immediately
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31
notify Buyer in writing of any such loss. Buyer shall notify Seller, in writing,within fifteen (15)days
of Buyer's receipt of Seller's notice whether Buyer shall proceed to Closing. Buyer's failure to
notify Seller that it will proceed to Closing shall constitute notice of disapproval of the loss. If
Buyer disapproves of the loss, Seller shall pay any cancellation fee or other cost of the Title
Company and this Agreement shall terminate and all rights and obligations of the Parties shall
terminate.
3. Title.
3.1. Title Review.
3.1.1. Preliminary Commitment.Within ten (10)days following the Effective Date,Seller
will cause the Title Company to issue to Buyer, at Seller's cost and expense a Preliminary
Commitment for the Title Policy referred to in Section 3.2 showing the status of title of
the Property, showing all exceptions and conditions, if any, affecting the Property which
would appear in the Title Policy, and committing the Title Company to issue such a Title
Policy to Buyer.The Seller will also cause Title Company to concurrently deliver to Buyer
complete and legible copies of all instruments referred to in the Preliminary Commitment
as conditions or exceptions to the title. Seller hereby authorizes and directs the Title
Company to furnish to Buyer the foregoing items.
3.1.2. Buyer's Review. Buyer shall have ten (10) days after receipt of the Preliminary
Commitment and exception documents to notify Seller, in writing, of its approval and
disapproval of each exception shown in the Preliminary Commitment. Buyer's failure to
notify Seller that it has disapproved a particular exception shall constitute Buyer's
approval of that exception. Any exception that Buyer has approved shall become a
Permitted Exception. Notwithstanding the foregoing, Permitted Exceptions shall not
include and Seller shall be required to remove all Monetary Encumbrances, which shall
be defined to mean (i) any monetary liens, including without limitation, the liens of any
deeds of trust or other loan documents secured by the Property; or (ii) any mechanic's
liens arising out of actions of Seller.
3.1.3. Seller's Response. Seller shall have ten (10)days after receipt of Buyer's notice to
notify Buyer, in writing, of its agreement to cure or remove any of the disapproved
exceptions.Seller's failure to notify Buyerthat it will cure or remove a particular exception
shall constitute Seller's refusal to cure or remove that exception. Seller shall remove or
cure by Closing the exceptions it has agreed to remove or cure and the Monetary
Encumbrances.
3.1.4. Buyer's Rights. If Seller does not agree to cure or remove all exceptions
disapproved by Buyer, Buyer shall have ten (10) days from Buyer's receipt of Seller's
notice of the same or, if Seller has not provided such notice, then within ten (10) days of
the deadline to provide it under Section 3.1.3 to notify Seller, in writing,whether it will in
its sole discretion, waive such objections and close the transaction or terminate this
Agreement. Buyer's failure to give such notice shall constitute Buyer's election to waive
its objections and close the transaction. In that event, the disapproved exceptions shall
become Permitted Exceptions. If Buyer elects to terminate this Agreement, Seller shall
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32
pay any cancellation fee or other cost to the Title Company, and this Agreement shall
terminate and all rights and obligations of the parties shall terminate.
3.1.5. Updated Title Matters. The foregoing notice and response procedure shall be
repeated for any title exceptions first appearing after Buyer's receipt of the initial
Preliminary Commitment,except that if the time period for delivery of any notice extends
beyond the Closing Date, such notice and all subsequent notices shall be delivered on or
before the Closing Date.
3.2. Title Policy. At Closing, Seller will, at its sole cost and expense, cause the Title Company
to issue to Buyer a standard American Land Title Association ("ALTA") form of owner's policy of
title insurance, in the amount of the Purchase Price of the Property, insuring Buyer against loss or
damage arising from defects in title to the Property other than the Permitted Exceptions (the
"Title Policy"). The policy shall contain such endorsements as shall be reasonably requested by
Buyer.
If at Closing, the Title Company will not insure the title as provided above, Buyer may either
proceed to close despite the lack of required insurance or terminate this Agreement. If Buyer
terminates this Agreement, Seller shall pay any cancellation fee of the Title Company, and this
Agreement shall terminate all rights and obligations of the parties will terminate.
4. Conditions to Closing.
4.1. Buyer's Conditions to Closing. Close of Escrow and Buyer's obligation to purchase the
Property pursuant to this Agreement are subject to the satisfaction of the following conditions at
or prior to the Closing:
4.1.1. Title. By the Closing Date, Seller shall provide Buyer with marketable title to
Property free and clear of liens and encumbrances except for non-delinquent bonds and
taxes, zoning ordinances, building and use restrictions, easements of record which affect
the Property, covenants, and conditions and restrictions of record.
4.1.2. Title Insurance. By the Closing Date, Buyer should be able to attain from the
Escrow Agent the Title Policy as required by subsection 3.2.
4.1.3. Condition of the Property. The Property has not been affected by any
development, building, construction,fire,flood, or moratoria prior the Closing Date.
4.1.4. Inspection Contingency. Buyer has thirty (30) days following the Effective Date
(the "Review Period") to satisfy itself concerning all aspects of the Property, including,
without limitation, the physical condition thereof; the availability of any governmental
permits and approvals; and the feasibility of using the Property for Buyer's intended use.
Buyer has the right to perform any tests, inspections, and feasibility studies on the
Property as Buyer may deem necessary; provided, however, that Buyer will not conduct
any environmental assessment that would require soils analysis, groundwater testing, or
other studies commonly associated with a Environmental Site Assessment without the
prior written consent of Seller in each instance, which consent may be withheld or
conditioned in Seller's sole discretion. All costs and expenses of all of Buyer's tests,
PURCHASE&SALE AGREEMENT
11842 Chateau Dr.NE,Woodburn,OR 97071 Page 4 of 11
33
inspections, and studies will be paid by Buyer when due, regardless of whether this
transaction closes.
If, by the end of the Review Period, Buyer has not notified Seller in writing that Buyer
accepts the Property and all aspects thereof in its then-current condition,this Agreement
will automatically terminate.This Agreement thereafter will be void and neither party will
have any obligation to the other, except as otherwise provided herein. If Buyer elects,
Buyer may offer Seller the opportunity to correct any items Buyer determines to be
unacceptable by providing Seller with written notice prior to the end of the Review Period
of what must be corrected, by what dates, and in what manner(the "Correction Notice").
Within ten (10) days after Seller is given the Correction Notice Seller may notify Buyer in
writing of whether and to the extent Seller will effect and pay for any corrections (the
"Notice of Intent to Correct"), all of which will be completed prior to the Closing Date. If
Seller fails to give a Notice of Intent to Correct within said ten (10) days, Seller will be
deemed to have refused to agree to such corrections. Within ten (10) days after Seller
gives a Notice of Intent to Correct (or after the last day of the period within which the
notice is to be given if it is not), Buyer may elect to (i)cancel this Agreement, or(ii) agree
to waive its inspection contingencies as provided in this section, whereupon Seller must
promptly commence and proceed with diligence to completion prior to the Closing Date
with the correction of the items that Seller agreed to undertake in its Notice of Intent to
Correct. The failure of Buyer to give notice of its waiver to Seller will be deemed an
election to cancel.
4.1.5. Right to Possession. At the Closing and as a condition thereto, Buyer shall have
full and unrestricted right to possession of the Property subject only to the Permitted
Exceptions.
4.1.6. Taxes and Liens. Seller shall not be responsible for the payment of any taxes and
assessments that are levied against the Property after the Closing Date.
If any of the conditions to Buyer's obligations set forth above fail to occur at or before the Closing
Date through no fault of Buyer,then Buyer may cancel the Escrow,terminate this Agreement,and
recover any amounts, including the Purchase Price if deposited and any interest earned thereon,
paid by Buyer to the Escrow Agent toward the purchase. Escrow Agent shall immediately release
the funds to Buyer without further instruction from Seller.
4.2. Seller's Conditions to Closing. Close of Escrow and Seller's obligation to sell the Property
pursuant to this Agreement, are subject to the satisfaction by Seller of Buyer's obligations under
this Agreement, including, but not limited to, Buyer's obligation to deliver cash for the Purchase
Price on or before the Closing Date. If Buyer has failed to fulfill its obligations under this
Agreement, at or before the Closing Date, through no fault of Seller, then Seller may cancel the
Escrow, terminate this Agreement, and recover any documents delivered to the Escrow Agent
pursuant to this Agreement.
5. Representations and Warranties.
PURCHASE&SALE AGREEMENT
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34
5.1. Title Covenant. Seller represents and warrants that Seller is the sole owner of fee title to
the Property, free of all liens and encumbrances, and will defend such title from the lawful claims
of persons claiming superior title.
5.2. Authority. Seller and Buyer represent and warrant that each has obtained all requisite
authorizations for the execution and delivery of this Agreement and the performance of the
transactions contemplated by this Agreement, and that the execution and delivery of this
Agreement are made pursuant to such authorizations. Buyer is a validly existing municipal
corporation pursuant to Oregon law and the City of Woodburn Charter.
5.3. Litigation. There are no pending claims or litigation or threats of claims or litigation or
other matters of which Seller is aware that could adversely affect Buyer's title, use, or enjoyment
of the Property.
5.4. Encroachments.To Seller's knowledge (a) all structures and improvements, including any
driveways and accessory structures, are wholly within the lot lines of the Property, (b) no existing
building, structure, or improvement of any kind encroaches upon the Property from any adjacent
property, and (c)there are no present or past discrepancies or disputes regarding the boundaries
of the Property.
5.5. Rights and Contracts Affecting Property. Except for this Agreement,Seller has not entered
into any other contracts for the sale of the Property, nor are there any existing rights of first
refusal or options to purchase the Property. Except for those exceptions of record listed on the
Title Report, Seller owns the Property in fee, free and clear of all liens, conditions, reservations,
mortgages, leases, licenses, easements, prescriptive rights, permits, or other similar
encumbrances. Seller has not sold, transferred, conveyed, or entered into any agreement
regarding timber rights, mineral rights, water rights, "air rights," or any other development or
other rights or restrictions relating to the Property, and to Seller's knowledge no such rights
encumber the Property. There are no service contracts or other agreements pertaining to the
Property that Buyer will be required to assume at Closing.
5.6. Public Improvements or Governmental Notices. To Seller's knowledge, there are no
intended public improvements which will result in the creation of any liens upon the Property,
nor have any notices or other information been served upon Seller from any governmental agency
notifying Seller of any violations of law, ordinance, rule or regulation which would affect the
Property.
5.7. Bankruptcy or Foreclosure Affecting Property. To Seller's knowledge, none of the
following has occurred with respect to the Property or Seller: (i) appointment of a receiver,
liquidator, or trustee for the real estate; (ii) institution of any proceeding for dissolution or
liquidation; (iii) filing or any petition for bankruptcy, or action toward reorganization; or (iv)
pending foreclosure or forfeiture action.
5.8. Brokers. Seller and Buyer represent and warrant that each shall be responsible for any fee
or commission due to any broker employed by either party in connection with this transaction
and shall not be responsible for any portion of the other parties' broker fees or commission.
PURCHASE&SALE AGREEMENT
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35
5.9. Survival. The representations and warranties in this section shall survive Closing for a
period of twelve (12) months.
6. Condition of Property. Excepting only the specific representations and warranties of Seller
contained in Section 5 of this Agreement, all of which shall survive Closing and shall not merge with the
deed, Buyer accepts the land, buildings, improvements,any personal property sold under this Agreement,
and all other aspects of the Property in their present condition, AS IS, WHERE IS, including latent defects,
without any representations or warranties from Seller or any agent or representative of Seller, expressed
or implied, except for such warranties that may arise by law under the Deed and except as otherwise
specifically set forth in this Agreement. Pursuant to Subsection 4.1.4., Buyer agrees that Buyer has
ascertained, from sources other than Seller or any agent or representative of Seller, the condition of the
Property, its suitability for Buyer's purposes, and the applicable zoning, building, housing, and other
regulatory ordinances and laws affecting the Property. Buyer accepts the Property with full awareness of
these ordinances and laws as they may affect the present use or any intended future use of the Property.
Except for such warranties that may arise by law under the Deed and except as otherwise specifically
stated in this Agreement Seller has made no representations with respect to such condition or suitability
of the Property or such laws or ordinances.
7. SELLER PROPERTY DISCLOSURE LAW. Buyer and Seller acknowledge that, subject to certain
exclusions, Oregon's Seller Property Disclosure Law(ORS 105.462—105.490) applies only to real property
transactions improved with 1-to-4 family dwellings, and does not apply to transactions involving vacant
land.
8. Waiver. The failure of either party at any time to require performance of any provision of this
Agreement will not limit the party's right to enforce the provision except to the extent expressly set forth
in a writing signed by that party, nor will any waiver of any breach of any provision constitute a waiver of
any succeeding breach of that provision or a waiver of that provision itself.
9. Modifications and Integration. No modification, amendment, discharge or change of this
Agreement, except as otherwise provided, shall be valid unless the same is in writing and signed by the
party against which the enforcement of such modification, amendment, discharge or change is sought.
This document is the entire, final, and complete agreement of the parties pertaining to the sale and
purchase of the Property, and supersedes and replaces all prior or existing written and oral agreements
between the parties or their representatives relating to the Property.
10. Successor Interests. This Agreement is binding on and inures to the benefit of the parties, their
successors, and assigns, but no interest of Buyer may be assigned, subcontracted, or otherwise
transferred, voluntarily or involuntarily, without the prior written consent of Seller, which Seller may
withhold in its sole discretion. Seller's consent to one transfer will not constitute consent to other
transfers or waiver of this section.Any attempted assignment in violation of this provision will be void and
of no effect with respect to Seller.
11. Notice. Any notice under this Agreement must be in writing and will be effective when actually
delivered in person or three(3)days after being deposited in the U.S. mail, registered or certified, postage
prepaid and addressed to the party at the address stated in this Agreement or such other address as either
party may designate by written notice to the other. Mailing addresses for the parties are as follows:
PURCHASE&SALE AGREEMENT
11842 Chateau Dr.NE,Woodburn,OR 97071 Page 7 of 11
36
11.1. For Seller: City Administrator, City of Woodburn, 270 Montgomery Street, Woodburn,
Oregon 97071.
11.2. For Buyer: Severo Trapala, 1110 E Cleveland St, Woodburn, OR 97071.
12. Oregon Law. This Agreement shall be governed by and construed in accordance with the laws of
the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding
(collectively, "Claim") between the Buyer and Seller that arises from or relates to this Agreement shall be
brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of
Oregon. Seller hereby agrees to the in personam jurisdiction of such court and waives any claims of an
inconvenient forum.
13. Calculation of Time. In the event that the date upon which any time period ends or any duty or
obligation hereunder is to be performed will occur upon a Saturday, Sunday, national banking holiday or
State of Oregon holiday, then, in such event, the time period or the due date for such performance will
be automatically extended to the next succeeding day that is not a Saturday, Sunday, national banking
holiday or State of Oregon holiday. Except for express reference to "business" days, all time periods will
be deemed to be calendar days.
14. Remedies.TIME IS OF THE ESSENCE REGARDING THIS AGREEMENT. If either Party fails to deliver
necessary funds or documents, or fails to consummate the transaction by October 31, 2020,the
Purchase Price, if deposited with the Escrow Agent,will be refunded to Buyer, this Agreement shall be
null and void, and the parties shall have no further liability to the other arising out of this transaction.
[SIGNATURES FOLLOW ON NEXT PAGES]
PURCHASE&SALE AGREEMENT
11842 Chateau Dr.NE,Woodburn,OR 97071 Page 8 of 11
37
The parties have entered into this Purchase &Sale Agreement, effective as of the date first
written above.
SELLER:
CITY OF WOODBURN,
an Oregon Municipal Corporation
Scott Derickson, City Administrator Date
STATE OF OREGON )
ss.
COUNTY OF MARION )
The foregoing instrument was acknowledged before me on this_day of 12020,
by as the
of
(Print Name)
Notary Public
My appointment expires:
PURCHASE&SALE AGREEMENT
11842 Chateau Dr.NE,Woodburn,OR 97071 Page 9 of 11
38
BUYER:
Severo Trapala,
individual
Severo Trapala
Date
STATE OF OREGON )
ss.
COUNTY OF MARION )
The foregoing instrument was acknowledged before me on this_day of 12020,
by
(Print Name)
Notary Public
My appointment expires:
STATE OF OREGON )
ss.
COUNTY OF MARION )
The foregoing instrument was acknowledged before me on this_day of 12020,
by
(Print Name)
Notary Public
My appointment expires:
PURCHASE&SALE AGREEMENT
11842 Chateau Dr.NE,Woodburn,OR 97071 Page 10 of 11
39
EXHIBIT A
Property Address:
11842 Chateau Drive, Woodburn, OR 97071
Property ID#:
545041
Map Tax Lot#:
051W04CDO3000
Legal Description:
Chateau Ranchettes Block 2 Lot 11
PURCHASE&SALE AGREEMENT
11842 Chateau Dr.NE,Woodburn,OR 97071 Page 11 of 11
40
�'I'1 r I Iii♦ r}
Y 9M& Its
BU
Pri,a�<;rrt rr rf aA'!87
October 24, 2022
TO: Honorable Mayor and City Council (acting as the Local Contract
Review Board) through the City Administrator
FROM: Anthony Turley, Finance Director
SUBJECT: Award a contract for Non-Discretionary Investment Advisory
Services
RECOMMENDATION:
Award a Contract for Non-Discretionary Investment Advisory Services to PFM
Asset Management LLC and authorize the City Administrator to sign the
Agreement.
BACKGROUND:
Woodburn has experienced significant growth over the past 3 years. This growth
has impacted the City's cash and investment position. In September 2019, the
total cash and investment balance for the City was approximately $51 million, as
of September 30, 2022, that balance has grown to over $75 million. Historically,
the City has utilized the Local Government Investment Pool (LGIP) for the
majority of investment portfolio with the amount in excess of the LGIP limit put
into Certificates of Deposit (CD's) at a local financial institution. Although CD's
are very secure, access to the funds prior to maturity is restricted.
Prior to the adoption of a new investment policy, the City was limited in the
duration, 18 months, and the types of instruments funds could be invested in. The
new policy allows investments of up to three years and allows for a portion of
the portfolio to be invested in investment grade corporate notes in addition to
US agency securities.
With the expansion of the funds available for investment and the additional
types of securities available to the City, having a professional investment advisor
available to recommend an investment strategy and recommend individual
investments will be beneficial. The City retains the final decision on all
investments and the investments will be held by US Bank in the City's name.
Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x-
41
Honorable Mayor and City Council
October 8, 2012
Page 2
The staff reviewed the RFP postings for two of our neighbor cities and found that
the City of Salem RFP from 2018 included a cooperative purchasing clause that
would allow Woodburn to "piggyback" on the competitive procurement
process. Staff felt that this would expedite the process and allow the City to get
an excellent fee structure.
DISCUSSION:
The City is currently experiencing rapid revenue growth in both fee activity from
the construction of new development and increased property tax revenue. The
impact on the City's cash and investment funds has been dramatic. The need
to diversify the investment portfolio to take advantage of increased rates of
return and provide stability in the market is paramount. City staff does not have
the time or training to manage the portfolio and perform the management
functions required. Contracting with a professional investment advisor to provide
non-discretionary investment services is the most effective method to maximize
return on investment and ensure the investment policy of the City is followed.
FINANCIAL IMPACT:
The following fee structure is the same as that provided to the City of Salem in
their contract. The anticipated fees for the City should range from $30,000 to
$50,000 annually. The fees can be absorbed in the non-departmental
Professional services budget in the general fund.
Average Assets under Advisement Fee
Initial $25 million 11 bps (0.11%)
Next $25 million 9 bps (0.09%)
Next $50 million 8 bps (0.08%)
Above $100 million 7 bps (0.07%)
Minimum annual fee of$25,000.
42
OFFI Iii♦ r�}
B V'
October 24, 2022
To: Honorable Mayor and City Council through City Administrator
From: Chris Kerr, Community Development DirectorCd.'r
Subject: Briefing on the Community Development Director's approval of a
Design Review and Property Line Adjustment application package for
AWARE Foodbank at 152 Arthur Street (DR 22-10 & PLA 22-06)
RECOMMENDATION:
Staff recommends no action and briefs the Council on this item pursuant to
Woodburn Development Ordinance (WDO) Section.4 02 02.. The Council may call
up this item for review if desired and, by majority vote, initiate a review of this
decision.
BACKGROUND:
The subject property, 152 Arthur St, consists of two legal lots totaling 0.23 acres in
the Downtown Development and Conservation (DDC) zone. It was originally
developed in 1910 with a commercial building. Marion-Polk Food Share Inc.
purchased the property in 2012 for the AWARE Foodbank. A fire significantly
damaged the building in August 2021 , and it was later demolished in August 2022.
The applicant applied for Property Line Adjustment (PLA) 22-06 to consolidate the
two lots, and Design Review (DR) 22-10 to redevelop the AWARE Foodbank.
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
1
Agenda Item Review: City Administrator_x_ City Attorney_x
43
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Provided by the Center for Hope & Safety to the Woodburn City Council October 24,2022.
What is Sexual Assault?
Any sexual contact with anyone who does not give informed and willing consent.
What is Consent?
Consent is a voluntary, enthusiastic and clear agreement between the participants
engaging in a sexual activity.
( CLEAR- Consent is easily understood and unambiguous.
ONGOING- Getting permission for every activity at every stage of any sexual
w encounter.
I'll VOLUNTARY- Consent should be given freely and willingly.
„w COHERENT- Every participant must be capable of granting their consent.
Source: Healthline ht www,Iicallthlline, ogi heal1th i!dP-_to onservt taskliri for onsery
p................ . 1.�........................................................................................................... ................................................. ..
Someone does not have consent when...
• The victim is sleeping, unconscious, or incapacitated by drugs or alcohol.
• They ignore the verbal and non-verbal cues to stop, like pulling away.
• They use a position of authority or trust to manipulate the victim, like a teacher or
employer or other profession.
• They keep going when the victim expresses that they have changed their mind.
• They use threats, intimidation, or manipulation to coerce them.
• The victim consented to one sexual act, but not another.
• The victim consented to contact that should not involve sexual activity.
• They pressure the victim or guilt them into saying yes.
Source: Healthline I��� .,� : www,IIcallthlline, o-i health . ujidc to onservt taskliri for onsery
.....................i................... . ............................................................................................................................................................ ................................................. ..
Trauma-Informed Considerations:
Every person's response to trauma will be unique to them and the traumatic moment they
experience. There are many factors that may impact how someone responds to trauma,
including past trauma history, relationship to the assailant(s), circumstances of the abuse, their
bodies response to the traumatic moment, and so much more. With all these complex factors
impacting our responses, it can be easy to question or judge those responses after a
traumatic event, forgetting that our brain and bodies do the best they can to keep us
safe in the moment.
The Main Responses to Trauma:
It is important to keep in mind that while these responses are the most common, some trauma
responses may not fit neatly into these categories, or people may experience a combination.
Fight: While fight often refers to actual physical or verbal aggression, it can encompass any
action you take to stand up to a threat or negate it. This is a direct confrontational response.
Flight: Flight is characterized by the desire to escape or deny pain, emotional turmoil, and other
distress. The flight may be literal, physically removing yourself from the situation or figurative,
like escaping into other activities. This is an avoidance response.
Freeze: The freeze response serves as a stalling tactic. You brain presses the "pause" button but
remains hypervigilant, waiting and watching carefully until it can determine whether fleeing or
fighting offers a better route to safety.
Some experts have pointed out this response actually takes place first, before you decide
to flee or fight. And when either action seems less than feasible? You might then "flop"
in response to your fright.
Flop: Also known as tonic immobility, involves going limp, dissociating, fainting, or passing out.
It can leave you completely numb, unable to move or call out for help. Plus, while it might seem
helpful to lack memories of abuse, those blank spaces can still cause emotional distress.
Fawn: Most common in survivors of childhood abuse and trauma, you escape harm, in short, by
learning to please the person threatening you and keep them happy. This behavior is learned
when compliance or giving up your boundaries helped to minimize abuse in the past.
Source: Healthline ht ,IIcall�hlline, oq-i health/rrr°len all heall11 flIgLv 8111 . 1-vt..frcczc...
.....................p................ . ............................................................................................................................................................ ................................................. ............................................................................................................ ...........
: .r."i..: .: ll,li..
Who can be a victim of Sexual Assault?
Survivors may be of any race, culture, gender identity, creed, disability, religious belief, sexual
orientation, or type of relationship.
Ways to Support Survivors and Victims:
• Be supportive, empathetic, and warm.
• Create a safe environment by validating and believe them.
• Avoid victim blaming statements and language.
• Understand that you have limited information and understanding of what survivors
have experienced.
• Understand how trauma impacts the brain and body to better understand them.
• Provide resources and community supports if they are open to them.
• Understand that disclosure feels vulnerable for survivors, and it is important to only
ask for details you need in order to support them.
• Seek supports for yourself as well.
Center for Hope & Safety
Salem, OR 97301
Website: A w w,,Ilt) Ile, iir� s , fet ,;;;oiir • 24hr. Hotline: 503-399-7722
Commercially Sexual Exploitation
Sex Trafficking: & A Venue-Specific Inquiry
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NOT For SALE
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What we w*111
cover. . .
■ What is CSE
■ Impact of HT: Global, State Wide, Regional, County
■ Illicit Massage Venues : Crime Trends, Recruitment
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■ How to respond
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■ How to reduce victimization? Ending "Demand"
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WHAT ARE
WE UP
AGAINST?
What the msays, . .
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WHAT IS
SEX
TRAFFICKING?
The intersection
of all
oppressions . . .
Federal
• is the recruitment, harboring, transportation, provision, or
obtaining of a person for the purposes of a commercial sex act, in which the
commercial sex act is induced by force, fraud, or coercion, evin wfth ffieXw
hufturd to jwi&m,s'mfi,7 ,7 ° z5 i,'Wa "t W 1,61111 IIPlew Otq6?v; (22 USC §
7102; 8 CFR § 214.11(a)).
• is:Anyone over the age of 18 involved in a
commercial sex act due to force fraud or coercion.
• is: anyone under the age of 18 who is
involved in a commercial sex act.
ORS 167.012 Promoting Prostitution.
Knowingly:
(a) Owns, controls, manages, supervises or otherwise maintains a place of prostitution or a prostitution
enterprise; or
(b) Induces or causes a person to engage in prostitution or to remain in a place of prostitution; or
(c) Receives or agrees to receive money or other property, other than a prostitute being compensated for
personally rendered prostitution services, pursuant to an agreement or understanding that the money or
other property is derived from a prostitution activity; or
(d) Engages in any conduct that institutes, aids r facilitates an act or enterprise of prostitution.
(e) Promoting prostitution is a Class C felony.
Promot*ing
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ORS 167.017 Compelling Prostitution
Knowingly:
(a) Uses force or intimidation to compel another to engage in prostitution; or
(b) Induces or causes a person under 18 years of age to engage in prostitution; or
(c) Induces or causes the spouse, child or stepchild of the person to engage in prostitution.
(d) Compelling prostitution is a Class 6 felony
Compell*ing
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ORS 167.008 Commercial Sexual Solicitation
Knowingly:
(a)A person commits the crime of commercial sexual solicitation if the person pays, or offers or agrees to
pay, a fee to engage in sexual conduct or sexual contact.
(b)Commercial sexual solicitation is a Class A misdemeanor. [2011 c.151 §3; 2013 c.720 §2; 2015 c.98 §1
SoI*ic*itat*ion
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International Impact:
Global Criminal Enterprise"
• Human tracking is the fastest growing criminal
enterprise in the 21st century
• Global profits from sex-tracking exceed 1.50
billion annually
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Illi it Massage hidust i
II (Polaris Project,2021/International
labour��������������, billion dollars IP IP l l LA 2021ssociation;2020/Treasures
Traffick*lng
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Venues
• Illicit Massage Businesses
• Strip Clubs
• Escort Sites
• Dance/ Night Clubs
• Hotels and Motels
• House Brothels
• Seasonal Work Camps
• Video Poker in Bars
• Casinos
• "Tracks": roads people are sold along side of
• Truck Stops
• City Parks
• Porn Production Sites
• The Internet
o Websites
o Apps
Oregon Historical Statistics
(Portland, OR since 2008)
Portland Police Bureau, Child Exploitation Unit:
• Over 500 victims of Domestic Minor Human Sex • Goal: find trends and "point of sale":where people
Trafficking identified between 2008-2015 by are being sold and how
Portland Police Bureau
• "Portland averaged 100+ads per day
on just one dating site, uBackpaQe'
and man other cities far exceeded
f y ,
these numbers, being up to
s001day... i(oling ads:below age 25
-(Retired Det.Sgt. Mike Geiger, Lead of Child
Exploitation Unit PPB, 2019)
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• Recognized by Oregon DOJ
�m Group working to create policy, procedure and protocols
around working HT cases,survivor support services
Community outreach,agency trainings,and organized LE
--------------
efforts
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REGIONAL Safety Compass data
Marion, Clackamasand Washington County
Since 2018
Individuals served:More than900 ictiiiir ilii aiiurtiiii iiiie �
Support Contacts made: riwre tlllhaiin 23,000
- Safety Compass Stats,oVC Report ^r
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consumersCLOSE
TO
HOME*
United States citizens are the largest - -
the world & are the primary reason the - -
Recruitment Preys Upon Vulnerabilities
The myt h of opportunity & protection
pp Y
Selling A Dream:
Association to Trafficker/ Exploitation Network
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A Better Life
The Fine Print: Who keeps the majority of the money?
•
Recru'l'tment Tactics,
FORCE. Romance Coercion)
Modeling (Force, fraud, coercion)
Music Recording (Fraud)
FRAUD. Porn Star/ Movie Star (Force, fraud, coercion)
The "sex-in" (Force)
The friend/peer (Coercion)
(who has 7 cool `job opportunity"and has lots ofn1ce things
CD E RC 0 N.
AKA peer pressure)'
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Rea[*Ity...
Frequent sexual assault
Physical assault by pimp and tricks
Verbal abuse
Torture
Deprivation
Isolation
Forced and coerced drug use
Displacement
Dehumanization
-May present as Drug Overdose/ SA/
DV/ Homicide/ other crimes
TrajectoryExploitationof
• Recruitment/Grooming:
o Desensitization to sex-industry, pressure to make money
o Manufactured Bonding, boundary blurring, & induced dependency on network or individual
o Isolation
• Breaking Stage
o Force
o Fraud (false pretenses,withholding documents, debt bondage)
o Coercion
• Maintenance
o Surviving
• Automatic
o Unsupervised exploitation,fear-induced compliance
o cultural pressure, "family"secrets,shaming and loss of social status
Traffickers rr �
• Pimps & traffickers exploit vulnerable people
for profit
• Pimps are not money managers, portfolio managers, etc.
• Pimps keep the majority of money made in sex for sale dynamics
• Pimps say they offer protection and broker job opportunities for the
individuals, but in reality they do not protect these individuals from harm
• Traffickers can be individuals but usually work within organized crime
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networks, and may appear to be operating within a pyramid scheme.
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WhobUyS7sex
Predominantly male
Any background, demographic, vocational sector, socio-economic status
Of those who are "regulars" / frequent buyers
(defined as 6 times per yr. or more);
White
Upper socio-economic status
Nigher education
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Why do menu sex .7
• Often not motivated by sexual activity itself
• Desire for domination or control
• Desire to express/ project anger & disgust upon another
• Looking for something missing in personal relationship aka:
Looking for GFE (loneliness/ low morale, connection to increase or
stabilize mood)
-E'pik Project(some data self-reported by buyers)
More a buyers. . .
• Research states that: 60% of buyers want to stop
• Of men who stopped buying sex, the #1 reason for disengaging
in behavior is that it didn't align with their values.
• They are indoctrinated via the marketing strategy of the sex-
industry, about the "victimless" nature of buying sex, from a
young age in our society, and groomed by a pornified culture.
-Demand Abolition"Who buys Sex" Research Report 2019
Illicit Massage Venue (IMV) Overview:
• One of the largest & most prolifically networked forms of sex-
trafficking in the U.S.
• Based on 2022 compiled data, more than 11,000 business
fronts exits in U.S.
• Each site makes on average between 277,000-1.2 million
annually
• Large scale drug trafficking and money laundering also often
co-occur
-The Network(2022)
More About 111*1c*lt Massage
enues ,0
• Simple google searches of phone numbers associated with
business will usually illuminate sex for sale via online platforms
• Indicators:
• business hours (often open later than average LMT)
• Signs of people living on site
o Often victim/worker speaks limited English, may be unfamiliar with area or
even be able to tell you what city they are in.
Who is typically exploited in IMV?
• International
• Come from lower SES/ poverty, are fleeing domestic violence,
or are aging out of orphanages
• See recruitment ads in country of origin for massage therapy
work in U.S. and believe they are going to go through
"legitimate" massage school and be placed in a work study
program.
• Some believe their original debt bondage is school tuition.
What happens when they
get here .
• Processed through key cities in U.S., placed around country and
moved via directions from network approx. every few weeks,
must make money providing sexual services within reflexology
and massage business environments.
Violence experie0
nced by
those exploited within
IMV s
• Sexual violence
• Physical violence
• Debt bondage
• Controlled mobility
• Dangerous "working environments"
_ • Homicide/ Femicide
Other forms of local sex-
trafficking
• Internet based
• In-call/ out-call motel based
• House brothel based
• Both domestic and international
o Victims & survivors are disproportionately from BIPOC
communities
Understanding
the
TRAUMA.
SEVERITY
•..
Trafficking is sexual violence:
Example; If a 13 yr. old girl is
sexually assaulted, ... that child has been raped
over times by they time
°° times ep r day they are of legal age to enter
the sex industry, and are now
1° days per Week eligible for arrest for
for, prostitution. (assuming average age of
entry(13) into "the Life")
ILII years...
Additional Trauma
. . .
idicators :
of possible
commercial sexual
exploitation
How to Identify Possible Victims *19
• More than one cell phone (social media/communication apps)
• Secret Social Media page (often with an alias)
• People living onsite at their place of employment who seem isolated (due to language barriers or movement)
• Running away from home or talking about doing so.
• Recently started getting their nails done/Hair weave/Microblading etc in a manner inconsistent with their
financial means
• New boyfriend or friend whose appearance in their life coincides with other changes on this list, often not
someone they go to school with, or knew previously
• Organized crims network affiliated minor females
• If they return home after being unaccounted for, or after running away and have any cash on them, hotel
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room keys
• Display adult/pornographic images on social media, reference being "property of"or getting "married"
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• Use sex-industry specific language and/or emojis Ed
3 • Recent travel along I-5 Corridor
ml7ramu�malnformed
Response ,0
Safety Planning:
ol"M
,,,, ,,.!, -our goals for their safety may not coincide with
their views of what their needs are
-basic needs over long term treatment
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-harm reduction l
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SAFETY COMPASS
1) Advocate's Role:
a) Promote empowerment, choice, safety, and wellness through confidential support
b) We are a "bridge" to additional services based on unique ID of survivor
c) Long term, peer based, community based, navigational support
d) All services are free
e) Marion, Clackamas, Washington county; up to age 25.
SAFETY COMPASS
1) Advocate's Role:
a) Crisis intervention, safety planning, emotional support
b) Court and LE interview accompaniment
c) Free Uber/ Lyft to safety
d) Toiletry Packs
e) Clothing packs
f) A lifelong sense of community through Survivor Leadership events
24-7 Support line: 971-235-0021 www.safetycompass.org
What can you do to help7.
DO:
• Change City Ordinances to not allow business licenses for unlicensed masseuses
• Commit to not consuming people as products
• Talk about and model: respect and healthy boundaries with young people in your life
• Believe survivors of abuse and create pathways to safety for children so that they do not become vulnerable to
being trafficked due to lack of safe alternatives to survive.
• Believe that what you do makes a difference
• DON'T:
• Perpetuate "Demand"
• Confront Illicit Massage Venue managers, workers, or associates
• Assume you can tell if someone is being trafficked by appearance or demeanor
• Be immobilized by the magnitude of the problem
THANK
Youel
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