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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 PURCHASE&SALE AGREEMENT 11842 Chateau Dr.NE,Woodburn,OR 97071 Page 2 of 11 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 PURCHASE&SALE AGREEMENT 11842 Chateau Dr.NE,Woodburn,OR 97071 Page 3 of 11 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 11842 Chateau Dr.NE,Woodburn,OR 97071 Page 5 of 11 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 11842 Chateau Dr.NE,Woodburn,OR 97071 Page 6 of 11 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 p� �II� al al m mm mm mm m � m IIIIIIIIIIIIII IIIIIIIIIIIIIIIII IIIIIIIIII � IIIIIIIIIIIIII (IIIIIIIIII IIIIIIIIII IIIIIIIIIIIIIII IIIIIIIIIIIIII III IIIIIIIIII IIIIIIIIIIIIIIIII IIIIIIIIIIIIIII � IIIIIIIIIIIIII 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 5� NOT For SALE i�Psi '4 r 0 m 3 n z n n 0 3 What we w*111 cover. . . ■ What is CSE ■ Impact of HT: Global, State Wide, Regional, County ■ Illicit Massage Venues : Crime Trends, Recruitment 0 ■ How to respond 3 n ■ How to reduce victimization? Ending "Demand" 3 WHAT ARE WE UP AGAINST? What the msays, . . Am, f �,if IOId��l'ro r o� /f Real*lty Can be more d 0 1 ICUtt . o enti 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 r • • Z Prostitution , n n 0 3 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 r • • Z Prostitution, n n 0 3 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 r • • Z Prostitution, n n 0 3 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 t� Illi it Massage hidust i II (Polaris Project,2021/International labour��������������, billion dollars IP IP l l LA 2021ssociation;2020/Treasures Traffick*lng -,�................. ........ ... / � � ,,,� �„�w�. w J ��a�� a,�K14✓ ,arra ll1� Ip/[iii „�� � � i/ �, %' � Vim"%� ............ w 4 Viii % �ro'4G� T��lr0. nth !!ala aaJi� a' ,ir� , rv' %:w 64r, � r i r � r ' as ii�li"�� ir, ""ui�� �������1Y6��IY�CVIuy1 V4iuuiliY!�°�t��ul�I�����VuuuuuuuVV f0j"a" lit r i y�y! i f �1 r r�� ? � �V6��Vuuuuuu uu a uuuuu uu uu uuu a 4444444444u uu uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu uuuuuu u r / � %'i, uuuuu �,. �$ vvvy,wvvvvvv vv v vvvvy,vy, „�, vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv�vvvvvv�v,,, �� � IIIIIIII IIIIIIIIII 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) n C 0 3 //I�"'l�� ��i �,jd'W �✓i �"R°',3rr q„�'"�7ia,;r,, b��'*�.I�u!'AI'w� W,,, ,.�;r.” �^yyM�.y H/�r,:;.lU�'r ,r�,. � /r r: rra� m�iii�„ �,���Y '.rl rr/.^; �0, f!;, r Il rt M r y�ry4a2� �� �i� r II 2 '�(., r�Fwr ri Fi✓; Vii, r� r � ,.r ., �y r;1 lrrH���f� it e, a Ur��� IpI (�%/f j J��k�,�� W r ��,�j ✓rt� f �..I/ �. VM � r �,s V a I� ";M �� ,, ✓y��rd�° „ Aja ie W rf ,_ � r rr� r: ��l �, '�„ y ;r VfVl �u ", a,,.�r,� �i ��✓r.�„��,r,,.4'Iry� �^, � ff, r= Yl rr�/ ,stir /� ,�.- (II r ,>: �w�r� ;��, r� P3Ar; • 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 r : r �Iw x n r u a �,V•�I ryI v r-.is rY -7 i ,,, ✓i i r E� ��� '��/ MA i t� � 77 * f �;'/�. !'%.8.� �I,Ji��. ✓- ������ '�I���I �'l'wnii.l�' IIS I '° �� �4. >'<DI�I,�, ' m:.: ��� ''m”' r r��✓ � w;r ✓� � Nv ;'r�; '� �' i ,'��, �;�,;,�,�✓ V �'�', '"/ � a„���r �, , , , �V• • ��� ��� � „ ' ///6 � � n 4 ' !i. �i 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 U, n Y- W�rj TOO 9 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 r y, 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)' 3 n z n n 0 3 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 0 networks, and may appear to be operating within a pyramid scheme. m 3 n z n n 0 3 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 r 0 m 3 n z n n 0 3 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 r room keys • Display adult/pornographic images on social media, reference being "property of"or getting "married" 3 • 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 IIII -harm reduction l 0 3 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 r 0 m 3 n z n CD 0 3