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June 25, 2018 Agenda FIGLEY,MAYOR HRYN CITY OF W OO D B U R N JUAN SERRATOS,TCOUNCILOR WARD 1 LISA ELLSWORTH,COUNCILOR WARD II CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV FRANK LONERGAN,COUNCILOR WARD V JUNE 25, 2018- 7.00 P.M. ERIC MORRIS,COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. In observance of Independence Day, City Hall offices, the Library, and Transit service will be closed Wednesday, July 4, 2018. The Aquatic Centerwill be open 7am - 4pm with organized activities for kids starting at noon. B. Woodburn Parks and Recreation would like to invite the Mayor and the Council along with all Woodburn residents out to the annual 4th of July Celebration sponsored by Cox Electric. This year's event will kick off at 5:30 at Centennial Park with a band lineup that includes Reedy 300, Red Diesel and American Idol Contestant Jacob Westfall along with great food and games for all. C. Fiesta Grand Marshal Appointments: None. 4. COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: A. Project update: Accessory Dwelling Units B. Economic Development Video This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980- 6318 at least 24 hours prior to this meeting. **Habrd int6rpretes disponibles para aquellas personas Clue no hablan Ingl6s, previo acuerdo. Comunfquese al (503) 980-2485.** June 25, 2018 Council Agenda Page i 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. 8. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of June 11, 2018 1 Recommended Action: Approve the minutes. B. Woodburn City Council Work Session minutes of June 11, 2018 5 Recommended Action: Approve the minutes. C. Woodburn City Council Executive Session minutes of June 11, 2018 6 Recommended Action: Approve the minutes. D. Crime Statistics through May 2018 7 Recommended Action: Receive the report. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS None. 11. GENERAL BUSINESS - Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill No. 3069 - An Ordinance Granting a Cable Television 12 Franchise to DataVision Communications, I.I.C. and Declaring an Emergency Recommended Action: Adopt the ordinance. B. Council Bill No. 3070 - An Ordinance Repealing Ordinance 2032 31 (Municipal Offenses) as Part of the Ordinance Review/Revision Project and Declaring an Emergency Recommended Action: Adopt the ordinance repealing Ordinance 2032 (Municipal Offenses). June 25, 2018 Council Agenda Page ii C. Council Bill No. 3071 - A Resolution Directing that Stop Signs and Stop 36 Pavement Markings be Installed on Mcnaught Street at the Intersections of Willow Avenue and Woodland Avenue. Recommended Action: That the City Council adopt a resolution authorizing the installation of stop signs and stop pavement marking lines on McNaught Street at Willow Avenue and Woodland Avenue. D. Lease Agreement for 970-990 N. Cascade Dr. 40 Recommended Action:Authorize the City Administrator execute the enclosed lease agreement for the building located at 970-990 N. Cascade Dr. E. First Amendment to Purchase and Sale Agreement with FHDC 54 Recommended Action: Authorize the City Administrator to execute the enclosed First Amendment to the Purchase and Sale Agreement with Farmworker Housing Development Corporation (FHDC). F. Assignment and Assumption of Purchase and Sale Agreement 59 Recommended Action: Authorize the City Administrator to sign the enclosed Assignment and Assumption of Purchase and Sale Agreement. G. Acceptance of a Statutory Warranty Deed for Right-of-Way 63 Dedication and Public Utility Easement at 1750 Park Avenue, Woodburn, OR 97071 (Tax Lot 051 W08CA02800) Recommended Action: That City Council authorize the future acceptance of a Right-of-Way dedication and a Public Utility Easement to be granted by CUE Limited Partnership, pending the Closing of the purchase and sale of property located at 1750 Park Avenue, Woodburn, OR 97071 (Tax Lot 051 W08CA02800). The dedications will be made during the closing process whereby the subject City-owned property will be conveyed to CUE Limited Partnership. H. Intergovernmental Agreement for School Resource Officers 74 Recommended Action: It is recommended the City Council authorize the City Administrator to sign an agreement with Woodburn School District for School Resource Officer services. I. Redflex Contract Extension Amendment 80 Recommended Action: It is recommended the City Council authorize the City Administrator to sign the attached Fourth Extension of the Agreement with Redflex Traffic Systems, Inc. to provide Red Light Photo Enforcement Services. June 25, 2018 Council Agenda Page iii J. Alternate Rate Calculation for Sanitary Sewer System Development 83 Charges (SDCs) submitted by Food Services of America Recommended Action: By motion, approve the alternate rate calculation of sanitary sewer SDC fees pursuant to Ordinance No. 2070 submitted by Food Services of America. 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. None. 13. CITY ADMINISTRATOR'S REPORT 14. MAYOR AND COUNCIL REPORTS 15. ADJOURNMENT June 25, 2018 Council Agenda Page iv COUNCIL MEETING MINUTES JUNE 11, 2018 0:00 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 11, 2018 CONVENED The meeting convened at 7:01 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Carney Absent Councilor Lonergan Present Councilor Schaub Present Councilor Morris Present Councilor Ellsworth Present-7:31 Councilor Serratos Present Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Community Development Director Kerr, Deputy Chief Pilcher, Public Works Director Liljequist, Economic Development Director Johnk, Finance Director Montoya, Sr. Management Analyst Moore, Community Relations Manager Gutierrez-Gomez, Communications Coordinator Horton, City Recorder Pierson ANNOUNCEMENTS The July 23 City Council meeting/Community Barbecue will take place at Centennial Park at 5:30 pm. PRESENTATIONS Economic Development Director Johnk, Community Relations Manager Gutierrez-Gomez, Economic Development Assistant Koshkaroff, Recreation Manager Cuomo, Stuart Rodgers with the Chamber of Commerce and Paul Iverson provided an update to the City Council about the Taste of Woodburn event that took place June 1 and June 2. It was mentioned that there was over 2,000 people in attendance at the event. Economic Development Director Johnk handed Travel Woodburn Passports to the City Council, which contained information on the variety of Mexican food restaurants in Woodburn. Mayor Figley stated that she attended and it was a great event. BUSINESS FROM THE PUBLIC Carla Halverson, stated that she lives in the Hazelwood Apartments and there is a concern over backyard burning in that neighborhood. She stated that over the last several months it has been occurring and she believes they are burning trash. She added that she wonders what can be done about. Stuart Rodgers with the Woodburn Chamber of Commerce invited the City Council to attend the Chambers Forum lunch that will be taking place on June 27,2018 at Legacy Health Center from 11:30 am— 1:00 pm. Page 1 - Council Meeting Minutes, June 11, 2018 1 COUNCIL MEETING MINUTES JUNE 11, 2018 CONSENT AGENDA A. Woodburn City Council minutes of May 14, 2018, B. Woodburn Planning Commission minutes of March 22, 2018, C. Building Activity for May 2018. Lonergan/Schaub... adopt the Consent Agenda. The motion passed unanimously. PUBLIC HEARINGS Fiscal Year (FY) 2018-2019 State Revenue Sharing A Public Hearing to consider input on State Revenue Sharing. Mayor Figley declared the hearing open at 7:27 p.m. for the purpose of hearing public input on State Revenue Sharing. City Administrator Derickson provided a staff report. Mayor Figley asked if anyone from the public would like to speak on this subject. No members of the public wished to speak in either support or opposition of State Revenue Sharing. Mayor Figley declared the hearing closed at 7:28 p.m. Fiscal Year (FY) 2018-2019 City Budget Adoption A Public Hearing to consider input on the FY 2018-2019 Budget Adoption. Mayor Figley declared the hearing open at 7:28 p.m. for the purpose of hearing public input on the FY 2018-2019 Budget Adoption. City Administrator Derickson provided a staff report. Mayor Figley asked if anyone from the public would like to speak on this subject. No members of the public wished to speak in either support or opposition of the FY 2018-2019 Budget Adoption. Mayor Figley declared the hearing closed at 7:31 p.m. COUNCIL BILL NO. 3065 - A RESOLUTION DECLARING THE CITY OF WOODBURN'S ELIGIBILITY AND ELECTION TO RECEIVE STATE REVENUE SHARING Lonergan introduced Council Bill No. 3065. City Recorder Pierson read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 3065 duly passed. COUNCIL BILL NO. 3066-A RESOLUTION ADOPTING THE FISCAL YEAR(FY) 2018-2019 BUDGET; MAKING BUDGET APPROPRIATIONS; AND CATEGORIZING TAXES Lonergan introduced Council Bill No. 3066. City Recorder Pierson read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 3066 duly passed. COUNCIL BILL NO. 3067 - A RESOLUTION ADJUSTING WATER RATES AND REPEALING RESOLUTION NO. 1742 Lonergan introduced Council Bill No. 3067. City Recorder Pierson read the bill by title only since there were no objections from the Council. Ellen Bandelow stated that she does not feel that raising the rates on residents in Woodburn to accommodate development is fair and she does not agree with the large increase. Councilor Lonergan stated that he missed the last meeting with the water rate increase presentation and added that he has reviewed the material and supports the increase. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 3067 duly passed. 2:26 COUNCIL BILL NO. 3068 - A RESOLUTION APPROVING TRANSFERS OF FY Page 2 - Council Meeting Minutes, June 11, 2018 2 COUNCIL MEETING MINUTES JUNE 11, 2018 2017-2018 APPROPRIATIONS Lonergan introduced Council Bill No. 3068. City Recorder Pierson read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 3068 duly passed. TEEN CENTER AGREEMENT Eric Cardella and Wes Leiva of the Boys and Girls Club of Salem, Marion, and Polk Counties provided an update on what the teen center has been working on. Lonergan/Ellsworth...authorize the City Administrator to enter into a management agreement with the Boys and Girls Club of Salem, Marion, and Polk Counties. The motion passed unanimously. ACCEPTANCE OF A PUBLIC UTILITY EASEMENT AT 160 W. CLEVELAND STREET,WOODBURN, OR 97071 (TAX LOT 051W18BA10100) Lonergan/Schaub...accept a Public Utility Easement for public facilities granted by Farmworker Housing Development Corp (FHDC), property owner of 160 W. Cleveland Street, Woodburn, OR 97071 (Tax Lot 051 W 18BA10100). The motion passed unanimously. AWARD A CONTRACT FOR ARCHITECTURAL & ENGINEERING SERVICES TO DELA ARCHITECTURE, INC. Schaub/Morris... acting in its capacity as the Local Contract Review Board, award a Contract for Architectural & Engineering Services to DECA Architecture, Inc. and authorize the City Administrator to sign the Agreement. The motion passed unanimously. CITY ADMINISTRATOR'S REPORT City Administrator Derickson stated that the water crisis in Salem has led Woodburn to think about what would happen if Woodburn lost the ability to serve portions of the community and treated it as an exercise for Woodburn. During this exercise, an apparatus was developed to provide water through fire hydrants. A test of the exercise was deployed at the City's park and ride location and is being made available to Salem residents so they can get clean drinking water. MAYOR AND COUNCIL REPORTS Councilor Schaub stated that she was inspired at the Boys and Girls Club breakfast and supports that organization. She added that she will miss the July barbecue as she will be attending her granddaughters graduation. Councilor Ellsworth thanked the City for providing the water to Salem residents. She added that she attended the Taste of Woodburn and that it was a fabulous event. She announced that the Relay for Life is a scavenger hunt this year and is taking place on June 30. Mayor Figley thanked staff and volunteers for making all of the events in Woodburn possible. She also congratulated the Class of 2018. Mayor Figley announced that she will not be running for Mayor again. Councilor Lonergan thanked Mayor Figley for her service and announced that he will be Page 3 - Council Meeting Minutes, June 11, 2018 3 COUNCIL MEETING MINUTES JUNE 11, 2018 running for Mayor. He also congratulated Oregon State on going to the World Series. Councilor Serratos thanked staff for all the work on this agenda. 2:29 EXECUTIVE SESSION Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660 (2)(h) and ORS 192.660 (2)(f). Morris/Schaub... move into executive session. The motion passed unanimously. The Council adjourned to executive session at 8:08 p.m. and reconvened at 8:36 p.m. Mayor Figley stated that no action was taken by the Council while in executive session. ADJOURNMENT Morris/Schaub... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:36 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, June 11, 2018 4 COUNCIL WORK SESSION MEETING MINUTES JUNE 11, 2018 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 11, 2018 CONVENED The work session convened at 6:35 p.m. with Mayor Figley presiding. COUNCIL PRESENT Mayor Figley Councilor Lonergan Councilor Schaub Councilor Morris Councilor Ellsworth Councilor Serratos Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Community Development Director Kerr, Deputy Chief Pilcher, Public Works Director Liljequist, Economic Development Director Johnk, Finance Director Montoya, Sr. Management Analyst Moore, Community Relations Manager Gutierrez-Gomez, Communications Coordinator Horton, City Recorder Pierson CITY HALL HVAC REPLACEMENT, ROOF REPAIR AND REMODEL PROJECT Assistant City Administrator Row provided a brief overview of the mechanical and roof issues at City Hall. David Hyman and Brandon Dole from Deca Architecture provided a brief overview of the remodel projects that will take place at City Hall. Council provided comments periodically throughout the work session. No action was taken by Council. ADJOURNMENT The work session adjourned 6:50 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, Recorder City of Woodburn, Oregon Page 1 —Council Work Session Meeting Minutes, June 11, 2018 5 EXECUTIVE SESSION COUNCIL MEETING MINUTES JUNE 11, 2018 DATE CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JUNE 11, 2018 CONVENED The Council met in executive session at 8:15 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Carney Absent Councilor Lonergan Present Councilor Schaub Present Councilor Morris Present Councilor Ellsworth Present Councilor Serratos Present Mayor Figley reminded Councilors and staff that information discussed in executive session is not to be discussed with the public. Media Present: None. Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Deputy Chief Pilcher, Communications Coordinator Horton, City Recorder Pierson Others Present: None. The executive session was called: To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (2)(h). To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (2)(f). ADJOURNMENT The executive session adjourned at 8:33 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 1 —Executive Session, Council Meeting Minutes, June 11, 2018 6 6/19/2018 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES 2018 Year to Date CHARGE DESCRIPTION Jan Feb Mar Apr May Total AGGRAVATED ASSAULT 2 2 6 7 3 20 ANIMAL ORDINANCES 4 2 3 0 3 12 ARSON 0 0 0 2 0 2 ASSAULT SIMPLE 4 4 15 10 11 4 BURGLARY-OTHER STRUCTURE 0 3 0 0 0 3 BURGLARY- RESIDENCE 2 0 1 0 0 3 CITY ORDINANCE 0 0 0 0 1 1 CRIME DAMAGE-NO VANDALISM OR ARSON 5 0 1 2 6 1 CUSTODY- MENTAL 4 2 8 5 9 28 DISORDERLY CONDUCT 3 8 18 5 7 41 DRIVING UNDER INFLUENCE 11 4 8 9 7 39 DRUG LAW VIOLATIONS 10 10 7 2 5 3 DWS/REVOKED -FELONY 1 0 0 0 0 1 DWS/REVOKED-MISDEMEANOR 1 4 0 0 3 8 ELUDE 1 0 1 0 0 2 ESCAPE FROM YOUR CUSTODY 0 0 0 0 1 1 EXPLOSIVES 0 0 1 0 0 1 FAIL TO DISPLAY OPERATORS LICENSE 0 0 0 0 1 1 FAILURE TO REGISTER AS SEX OFFENDER 1 0 0 0 01 1 FORCIBLE RAPE 1 01 01 0 0 1 FORGERY/COUNTERFEITING 0 0 0 1 2 3 FRAUD -OF SERVICES/FALSE PRETENSES 1 0 0 0 0 1 FUGITIVE ARREST FOR ANOTHER AGENCY 52 25 16 38 38 169 FURNISHING 0 0 0 0 1 1 HIT AND RUN FELONY 0 0 2 0 0 2 HIT AND RUN-MISDEMEANOR 4 1 1 1 4 11 IDENTITY THEFT 0 0 1 01 0 1 INTIMIDATION /OTHER CRIMINAL THREAT 5 4 4 8 3 2 INVASION OF PERSONAL PRIVACY 0 0 1 0 0 1 KIDNAP -FOR ADDITIONAL CRIMINAL PURPOSE 1 0 0 0 0 1 MINOR IN POSSESSION 5 4 0 2 4 1 MOTOR VEHICLE THEFT 1 1 2 1 1 6 NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 1 1 OTHER 7 2 4 3 1 17 RECKLESS DRIVING 1 0 2 3 2 8 RECKLESSLY ENDANDERING 5 0 0 2 3 10 RESTRAINING ORDER VIOLATION 2 1 2 0 0 ROBBERY- BUSINESS 1 1 1 0 3 6 ROBBERY- HIGHWAY 0 0 0 2 0 2 ROBBERY-OTHER 0 0 0 1 0 1 RUNAWAY 0 0 1 1 1 3 EX CRIME -CONTRIBUTE TO SEX DELINQUENCY 0 1 0 0 0 1 EX CRIME -EXPOSER 1 0 0 0 0 1 EX CRIME -FORCIBLE SODOMY 1 0 0 0 0 1 EX CRIME -MOLEST(PHYSICAL) 0 0 1 0 0 1 EX CRIME -NON FORCE SODOMY 0 0 1 0 0 1 EX CRIME -NON-FORCE RAPE 0 1 1 0 0 2 EX CRIME -OTHER 0 1 0 0 0 1 EX CRIME -PORNOGRAPHY/OBSCENE MATERIAL 0 0 2 1 0 3 TALKER 1 1 0 0 0 2 TOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 0 1 0 0 1 2 HEFT- BICYCLE 1 0 0 0 0 1 HEFT- BUILDING f::: 0 0 0 0 1 HEFT- FROM MOTOR VEHICLE 21 01 1 0 2 Page 1 of 2 7 6/19/2018 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES 2018 Year to Date an Feb Mar Apr May Total HEFT-OTHER 3 2 3 2 2 12 HEFT-SHOPLIFT 6 6 8 3 4 27 TRAFFIC VIOLATIONS 21 7 7 9 8 52 TRESPASS 9 4 6 9 2 30 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 2 0 1 1 2 6 VANDALISM 0 7 0 2 2 11 WEAPON -EX FELON IN POSSESSION 2 1 0 0 0 3 WEAPON -POSSESS ILLEGAL 2 1 1 4 3 11 Jan Feb Mar Apr May Total 2018 Total 187 111 138 136 147 719 2017 Total 135 169 176 166 164 810 2016 Total 143 109 143 149 156 700 Arrests/Year 1000 800 N 600 N v Q 400 200 0 2016 2017 2018 Year Page 2 of 2 8 6/19/2018 Woodburn Police Department MONTHLY CRIMINAL OFFENSES 2018 Year to Date CHARGE DESCRIPTION Jan Feb Mar Apr May Total AGGRAVATED ASSAULT 1 2 9 9 6 27 ANIMAL ORDINANCES 2 1 2 0 2 7 ARSON 1 0 0 0 0 1 ASSAULT SIMPLE 9 14 15 13 9 60 BURGLARY- BUSINESS 2 8 4 1 1 16 BURGLARY-OTHER STRUCTURE 3 2 1 2 21 10 BURGLARY- RESIDENCE 3 1 8 12 1 2 CHILD NEGLECT 0 0 0 1 0 1 CITY ORDINANCE 0 0 0 0 1 1 COMPUTER CRIME 0 0 1 0 0 1 CRIME DAMAGE-NO VANDALISM OR ARSON 13 11 16 17 7 6 CUSTODY- MENTAL 4 2 9 4 9 28 DISORDERLY CONDUCT 4 10 5 7 7 33 DRIVING UNDER INFLUENCE 11 4 8 10 7 40 DRUG LAW VIOLATIONS 101 8 6 2 7 33 DWS/REVOKED- FELONY 1 0 0 0 0 1 DWS/REVOKED-MISDEMEANOR 1 6 0 1 4 12 ELUDE 2 2 3 1 0 8 ESCAPE FROM YOUR CUSTODY 0 0 0 0 2 2 EXPLOSIVES 0 1 0 0 0 1 FAIL TO DISPLAY OPERATORS LICENSE 0 0 0 0 1 1 FAILURE TO REGISTER AS SEX OFFENDER 1 0 0 0 0 1 FORCIBLE RAPE 4 2 0 0 2 8 FORGERY/COUNTERFEITING 3 3 3 8 6 23 FRAUD-ACCOUNT CLOSED CHECK 0 0 0 1 1 2 FRAUD- BY DECEPTION/FALSE PRETENSES 3 4 3 3 7 20 FRAUD- CREDIT CARD/AUTOMATIC TELLER MACHINE 2 1 1 3 0 7 FRAUD- OF SERVICES/FALSE PRETENSES 3 0 0 1 1 FUGITIVE ARREST FOR ANOTHER AGENCY 36 20 14 25 27 122 FURNISHING 0 0 0 0 1 1 HIT AND RUN FELONY 0 0 2 0 1 3 HIT AND RUN-MISDEMEANOR 22 13 12 17 12 76 IDENTITY THEFT 1 3 3 9 5 21 INTIMIDATION /OTHER CRIMINAL THREAT 5 7 2 2 3 19 INVASION OF PERSONAL PRIVACY 0 01 1 0 0 1 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 1 0 0 0 0 1 MINOR IN POSSESSION 2 2 0 1 1 6 MISCELLANEOUS 30 19 21 16 15 101 MOTOR VEHICLE THEFT 10 14 5 16 13 58 NON CRIMINAL DOMESTIC DISTURBANCE 10 6 10 14 27 67 OTHER 7 3 3 5 4 22 PROPERTY- FOUND LOST MISLAID 1 4 2 4 4 1 RECKLESS DRIVING 3 2 4 3 3 1 RESTRAINING ORDER VIOLATION 3 2 1 3 0 9 ROBBERY- BUSINESS 1 1 0 0 2 ROBBERY- CAR JACKING 0 1 1 0 0 2 ROBBERY- HIGHWAY 0 0 0 1 0 1 ROBBERY- OTHER 2 2 1 1 0 6 ROBBERY- RESIDENCE 0 1 0 0 0 1 RUNAWAY 0 0 3 5 1 9 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 1 0 0 0 1 SEX CRIME - EXPOSER 1 0 0 0 0 1 SEX CRIME - FORCIBLE SODOMY 1 0 0 0 1 2 SEX CRIME - MOLEST (PHYSICAL) 0 0 1 1 1 3 SEX CRIME - NON FORCE SODOMY 0 0 2 0 0 2 SEX CRIME - NON-FORCE RAPE 0 1 3 1 1 6 SEX CRIME - OTHER 1 1 0 0 0 2 Pagel of 2 9 6/19/2018 Woodburn Police Department MONTHLY CRIMINAL OFFENSES 2018 Year to Date an Feb Mar Apr May Total SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 11 0 2 1 1 STALKER 1 1 0 0 1 3 STOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 1 1 0 0 0 2 SUICIDE 0 0 1 0 0 1 HEFT- BICYCLE 2 1 1 0 1 HEFT- BUILDING 5 3 6 4 2 20 HEFT- COIN OP MACHINE 0 0 0 1 0 1 HEFT- FROM MOTOR VEHICLE 42 14 26 22 18 122 HEFT- MOTOR VEHICLE PARTS/ACCESSORIES 1 5 3 2 2 13 HEFT- OTHER 30 24 22 26 16 118 HEFT- PICKPOCKET 0 1 0 0 0 1 HEFT- PURSE SNATCH 1 0 0 0 0 1 HEFT- SHOPLIFT 11 13 20 15 13 72 TRAFFIC VIOLATIONS 28 10 9 11 16 7 TRESPASS 21 4 8 10 6 49 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 14 0 3 2 0 19 VANDALISM 23 17 23 20 31 11 VEHICLE RECOVERD FOR OTHER AGENCY 4 1 4 4 2 1 WEAPON - EX FELON IN POSSESSION 2 1 0 0 0 3 WEAPON - POSSESS ILLEGAL 42 1 31 21 10 WEAPON -SHOOTING IN PROHIBITED AREA 01 11 31 11 0 Jan I Feb I Marl Apr IMaylTotal 2018 Total 1 4091 284 3171 3421 316 1,668 2017 Total 1 3221 2921 350 317 330 1,616 2016 Total 1 2651 2371 2821 2751 310 1,37 Offenses/Year ,800 ,600 ,400 N 1200 W 0) ,000 LL 800 LL 0 600 400 200 0 . . 2016 2017 2018 YEAR Page 2 of 2 10 Woodburn Police Department ORDINANCE VIOLATIONS 2018 Year to Date 6/19/2018 Ordinance Discription Jan Feb Mar Apr May Total Animal Complaint 35 27 38 44 55 199 Ordiinance -Abate/Nuisances 1 1 1 0 2 5 Ordinance -Abandoned Vehicles 83 58 59 72 39 311 Ordinance -Abate Graffiti 6 10 4 8 5 33 Ordinance - Land Use Violations 0 1 0 0 1 2 Ordinance -Oth Violation 51 36 54 58 50 249 Ordinance -Tall Grass 0 0 0 0 71 71 2018 Total 176 133 156 182 223 870 2017 Total 94 126 176 177 290 863 2016 Total 122 159 131 106 239 757 Ordinance Violations / Code Enforcement Officers 800 goo 600 Z 500 O 400 y O 300 200 100 0 2016 2017 2018 COMBINED TOTAL-CODE ENFORCEMENT OFFICERS Ordinance Violations / Year 1000 800 N 0 600 F 0 400 200 0 2016 2017 2018 YEAR TOTALS FOR ALL OFFICERS 1 11 �'I'1�r I Iii♦ r} Y 9M& Its BU June 25, 2018 TO: Honorable Mayor and City Council FROM: Jim Row, Assistant City Administrator SUBJECT: DataVision Communications, LLC Cable Television Franchise RECOMMENDATION: Adopt the ordinance. BACKGROUND: In March 2013, the City granted DataVision Communications a 5-year non- exclusive Telecommunications Franchise, which included an automatic 5-year renewal provision. For the duration of the existing franchise, DataVision has complied with all franchise provisions and is in good standing with the City. DataVision recently approached the City and requested that they be granted an additional franchise to provide cable television services. DISCUSSION: The video service that DataVision is proposing to provide is based upon a relatively new and unique technology. The product will be a subscription based streaming video service provided through their existing telecommunications fiber network. Subscribing customers can access the service by utilizing a streaming device, such as an Apple TV, Roku, Xbox, Amazon Fire, etc. The service includes up to 137 channels and does not require customers to rent set top boxes, like traditional cable services do. As with their telecommunications franchise, DataVision is not required to provide service to every address in Woodburn. However, DataVision continues to expand their network, as is practically feasible, including into new developments that are located near existing networks. DataVision has agreed to provide a fiber broadband connection to Woodburn Community Access Television (WCAT-5) for the purpose of providing public- access cable television programming to their video service subscribers. Agenda Item Review: City Administrator_X_ City Attorney_X_ Finance—X- 12 Honorable Mayor and City Council June 25, 2018 Page 2 DataVision will also pay of fee of $1 .25 per subscriber per year in support of Public, Education and Government (PEG) programming equipment needs. DataVision was granted a similar franchise by the City of Gervais in November 2017. An emergency clause has been included in the ordinance so DataVision can promptly begin to provide service. FINANCIAL IMPACT: DataVision will pay 5% of gross revenues derived from this franchise to the City on a quarterly basis. Franchise fee revenues are an important source of support to general fund programs. Additionally, DataVision will pay of fee of $1 .25 per subscriber per year to the City in support of Public, Education and Government (PEG) programming equipment needs. 13 COUNCIL BILL NO. 3069 ORDINANCE NO. 2558 AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE TO DATAVISION COMMUNICATIONS, I.I.C. AND DECLARING AN EMERGENCY WHEREAS, the City of Woodburn granted DataVision Communications, LLC a Telecommunications Franchise on March 25, 2013; and WHEREAS, the Telecommunications Franchise granted DataVision Communications, LLC the right to locate telecommunications facilities within the rights-of-ways of the City; and WHEREAS, DataVision Communications, LLC has requested that the City grant them a Cable Television Franchise that will utilize existing its future telecommunications facilities; and WHEREAS, the parties have agreed to a new non-exclusive 5-year franchise; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Franchise Grant. Subject to the terms and conditions contained herein, the City of Woodburn ("City") hereby grants to DataVision Communications, LLC (the "Company") a cable television franchise (the "Franchise") under the authority of and in accordance with the Woodburn City Charter, applicable city ordinances, Oregon state law, and the Cable Act. Section 2. Definitions. For the purpose of this franchise, the following terms shall have the respective meanings given herein. When not inconsistent with the content, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The word "shall" is always mandatory and not merely directory. (1 ) "Cable Act" means collectively the federal Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, as may be amended from time to time. (2) "Cable service" or "services" shall have the meaning specified in the definition of "Cable Service" in the Cable Act. Page 1 —Council Bill No.3069 Ordinance No. 2558 14 (3) "Cable system or cable television system" shall have the meaning specified in the definition of "Cable System" in the Cable Act. (4) "City" means the City of Woodburn, a municipal corporation of the State of Oregon, in its present incorporated form or in any later recognized consolidated, enlarged or reincorporated form. (5) "City Council" means the legislative body of the City of Woodburn. (6) "Company" means Datavision Communications, LLC, an Oregon limited liability company, and its successors or assigns as provided herein, and is the grantee of rights under this franchise. (7) "Gross Revenues" means any revenue received by the Grantee and all Affiliates from the operation of the Cable System to provide Cable Service in the Service Area, provided, however, that such phrase shall not include: (1 ) any tax, fee or assessment of general applicability collected by the Grantee from Subscribers for pass-through to a government agency; (2) unrecovered bad debt; (3) refunds, rebates or discounts made to Subscribers or other third parties; (4) sales of capital assets or sales of surplus equipment; and (5) revenue from cable internet service, any service or product that has not been determined by federal law or regulation to be a Cable Service, or any other product or service offered subsequent to the date of execution of this agreement unless and until such service is finally and specifically determined by the Federal Communications Commission, Federal Court, or Congress, after all appellate remedies have been exhausted and finally concluded, to be a Cable Service. The term "affiliate" shall mean an entity providing service within the service area and which provides "cable service" as finally and specifically determined by the Federal Communications Commission, Federal Court, or Congress, as contractors, subcontractors, assignees, or subsidiaries of, for and at the request of the Grantee during the term of this franchise. (8) "Person" means any corporation, partnership, proprietorship, individual or organization authorized to do business in the State of Oregon. (9) "Streets" means the space in, upon, above, along, across, over or under the public streets, roads, highways, lanes, courts, ways, alleys, boulevards, bridges, sidewalks, bicycle lanes, public utility easements and all other public ways or areas, including the subsurface under and air space over these areas, but does not include parks, parkland or other City property not generally open to the public for travel. This definition applies only to the extent of the City's right, title, interest and authority to grant a franchise to occupy and use such areas for a cable system. Page 2—Council Bill No.3069 Ordinance No. 2558 15 (10)"Telecommunications Franchise" means the telecommunications franchise granted to DataVision Communications by the City by Ordinance 2501 , adopted on March 25, 2013. Section 3. Grant of Authority. (1 ) The City hereby grants to Company the privilege to build, construct, erect, operate, repair, replace and maintain a cable system in the streets in the City, including wires, cables, conduits and other technical facilities necessary for the construction, maintenance and operation of the cable system for the purpose of providing cable services in the City. The parties recognize that Company's cable system is being constructed as an upgrade to and/or extension of its existing telecommunications system authorized by the Telecommunications Franchise, and therefore the construction, maintenance, repair and other obligations regarding work in the Streets shall be governed by the Telecommunications Franchise. In the event the Telephone Franchise expires or is terminated and is not renewed, the parties agree to amend this franchise to incorporate applicable construction, maintenance, repair and other obligations regarding work in the Streets. (2) This franchise is not exclusive, and City reserves the right to grant a similar use of the streets to any other person at any time during the term of this franchise. This franchise does not authorize Company to use any public property, other than the streets, and does not authorize the provision of any services in the City other than cable service. Section 4. Compliance with Laws, Rules and Regulations. At all times during the term of this franchise, Company shall comply with all applicable ordinances, laws, rules and regulations of the United States of America, the State of Oregon and the City, including all agencies and subdivisions thereof, in effect as of the effective date of this franchise or hereafter enacted. Company shall be subject to the lawful exercise of the police power of City and to such reasonable regulations as City may from time to time hereafter enact by resolution or ordinance. Section 5. Company Liability, Indemnification of City and Insurance. (1 ) Company shall at all times conduct its operations under this franchise in a safe and workmanlike manner so as not to present a danger to the public or City. (2) Company shall save, hold harmless, indemnify and defend City, its officers, boards, employees and agents from and against any and all claims, demands, actions, suits, proceedings, damages, costs or liabilities of every kind Page 3—Council Bill No.3069 Ordinance No. 2558 16 and nature whatsoever arising out of or in connection with any activity of Company in the construction, operation or maintenance of its cable system, provision of cable service, or this franchise. Company's obligation in this Section is not limited by the amount of any bond, insurance policy, security deposit, undertaking or other assurance required in this franchise. (3) Company shall at all times maintain the following, in a form acceptable to the City: (a) Commercial general liability insurance covering bodily injury and property damage and automobile liability insurance with at least a general aggregate limit of $2,000,000; and with a per occurrence limit of $2,000,000 for each occurrence and $2,000,000 for property damage, or an umbrella or excess policy acceptable to the City; (b) Upon request by the City, a performance bond or other financial surety acceptable to the City, designating the City as beneficiary in the amount not less than $10,000, if at any time the City determines, in its reasonable discretion, that the bond would protect the public interest; and (c) Evidence of Workers Compensation Insurance in at least the minimum amount required by Oregon law. The City shall be named as an additional insured on all insurance policies listed in subsection (a) above, and such policies shall provide that they cannot be terminated or cancelled unless at least thirty (30) days priorwritten notice of intent to terminate or cancel has been given to the City. The certificate(s) evidencing insurance as described in this Section shall be deposited with the City. (4) Company, at its own risk and expense and upon demand of the City made by the City Attorney, shall appear in and defend any and all suits, actions, or other legal proceedings brought or instituted or had by third persons or duly constituted authorities against or affecting the City, its officers, boards, employees and agents arising out of or in connection with any activity of Company in the construction, operation or maintenance of its cable system, provision of cable service, or this franchise. Alternatively, in the discretion of the City Council, the City may, on behalf of itself and/or its officers, boards, employees and agents, elect to employ, at Company's expense, attorneys to appear and defend such actions. Neither Company nor the City shall make or enter into any compromise or settlement of any claims, demands, actions, suits, proceedings, damages, costs or liabilities subject to the requirements of this Section without first obtaining the written consent of the other. Page 4—Council Bill No.3069 Ordinance No. 2558 17 Section 6. System Standards. For the term of this franchise, Company shall operate and maintain its technical facilities and provide cable services as follow: (1 ) Company shall maintain on its cable system a minimum practical capacity of one hundred twenty (120) activated analog and/or digital channels as defined in the Cable Act. The system shall throughout the franchise term carry reverse signals in the upstream direction. In all its construction and service provision activities, Company shall meet or exceed the construction, extension and service requirements set forth in this franchise. (2) Unless otherwise provided herein, company's cable system shall, at all times, meet or exceed the applicable minimum system design and performance specifications required by the Federal Communications Commission ("FCC"). (3) Company shall at all times employ the standard of care attendant to the risks involved and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury or nuisance to the public or to employees of Company. Company shall install all cables, wires, equipment and facilities in a manner consistent with City requirements and in compliance with all applicable laws, ordinances and safety requirements, including but not limited to the FCC, Federal Aviation Administration, National Electric Code, National Electric Safety Code and National Cable Television Association Standards of Good Engineering Practices. FCC Rules and Regulations, Part 76, Subpart K (Technical Standards), as now or hereafter constituted, shall apply, and may be enforced by the City. (4) Company shall provide standby power generating capacity at the cable system control center. Company shall maintain standby power system supplies, rated at least at two (2) hours duration, at each node or remote location. In addition, Company shall have in place a plan and all resources necessary for implementation of the plan, for dealing with outages of more than two (2) hours. (5) Company shall utilize status monitoring which will continually monitor the system for signal quality on the forward and return spectrums of the system. In addition, Company shall utilize status monitoring for all power supplies in its headend(s) and hub(s) as well as the distribution system. Status monitoring shall be capable of notifying Company, twenty four (24) hours per day, seven (7) days per week, of system problems, including utility power outages that will negatively affect its customers. (6) Company shall perform all system tests required by the FCC and all other tests reasonably necessary to determine compliance with technical standards required by this franchise. Written records of all cable system test results Page 5—Council Bill No.3069 Ordinance No. 2558 18 performed by or for Company shall be maintained for a period of two years, and shall be available for City inspection upon request. (7) Company shall interconnect the cable system with Woodburn Community Access Television (WCAT-5) and provide one access channel (designated as channel 5) over its EZ Video platform to Woodburn subscribers in digital format. Company shall provide and maintain the equipment necessary for transmission of PEG programming to subscribers on the PEG channel. For the purposes of this section, "equipment" means the cable, conduits and any other equipment necessary to transport the PEG signal from the demarcation point at the studio to the programming subscribers. Franchisee shall provide WCAT-5 with a 100x50 internet connection for the term of the franchise agreement. IMHG1] (8) Company will comply with the Emergency Alert System (EAS) as provided under applicable FCC Regulations, the Oregon State EAS Plan and the local EAS plan, and shall design and construct the system to permit the City to override all channels during emergencies. Section 7. Company Rules. Company shall have authority to promulgate such reasonable rules and regulations governing the conduct of its business as shall be reasonably necessary to enable Company to exercise its rights and perform its obligations under this franchise, and to assure uninterrupted service to its customers. Company rules and regulations shall be subject to the provisions of this franchise and any other applicable governmental laws and regulations. Section 8. Discriminatory Practices Prohibited. Except as otherwise provided herein, Company shall make its cable services available to all citizens of City without discrimination and shall not give any preference or advantage not available to all persons similarly situated. Section 9. Extension of Cable Services. Company shall extend cable services to all potential subscribers in the City limits where the company's fiber distribution network is available. Grantee shall not be obligated to extend or provide video service beyond the footprint of its fiber network. Section 10. Customer Service Standards. (1 ) It shall be the right of all subscribers to receive all available cable services insofar as their financial and other obligations to Company are honored. (2) Company shall maintain a local office, which is open and staffed with customer service representatives Monday through Friday from 8:00 a.m through 5:00 p.m., excluding legal holidays, to provide responsive customer service to subscribers and the public, both in person and by telephone. During Page 6—Council Bill No.3069 Ordinance No. 2558 19 office hours, customer service representatives shall be available to respond to inquiries, accept payments, and to provide, exchange and accept returned equipment. Additionally, Company shall maintain technical support services 24 hours per day, 7 days per week, with technicians on call every weekend. (3) Company shall comply with applicable customer service standards set forth in Section 76.309, and applicable notice requirements of Subpart T, of the FCC's Rules and Regulations, as may be amended from time to time, and City reserves the right to enforce those standards and requirements as if fully set forth herein. Nothing in this Section shall limit the rights of the City to establish additional or different customer service standards in accordance with federal law and regulations. The City acknowledges that Company does not have the necessary equipment to measure the telephone answering times set forth in 47 CFR 76.309(c)(1 )(ii). Pursuant to 47 CFR 76.309(c)(1 )(iii), Company is not required to acquire equipment or perform surveys to measure compliance with the telephone answering standards unless an historical record of complaints indicates a clear failure to comply with these standards. (4) Company shall take all necessary steps to ensure that all subscribers and members of the general public have recourse to a satisfactory hearing of any complaints where there is evidence that Company has not settled the complaint to the satisfaction of the person initiating the complaint. Company's failure to resolve a complaint within thirty (30) days, or longer where Company is making a good faith effort to resolve the complaint, following the date the complaint was made to Company, is a violation of this franchise. (5) Company shall apply non-discriminatory rates and charges to all subscribers purchasing similar services, regardless of race, color, religion, age, sex, national origin, marital or economic status, or neighborhood of residence, except as otherwise provided herein or by federal law; provided that nothing in this franchise shall prevent Company from establishing discounted rates and charges for low-income or elderly subscribers, or from temporarily reducing or waiving rates and charges in connection with promotional campaigns. (6) Company shall not, nor shall Company allow any other person, agency, or entity to tap, or arrange for the tapping, of any cable, line, signal input device, or subscriber outlet or receiver for any purpose whatsoever, without the subscriber's written consent or a valid court order or a valid request from a law enforcement agency permitting the tapping. (7) Company shall maintain constant vigilance with regard to possible abuses of the right of privacy and any other civil right of any subscriber, programmer, or person resulting from any device or signal associated with the Page 7—Council Bill No.3069 Ordinance No. 2558 20 cable system. Company shall not place in the building, structure or any facility of any subscriber any equipment capable of two-way communications without the written consent of the subscriber, revocable at the discretion of the subscriber, and shall not utilize the two-way communications capability of the system for unauthorized or illegal subscriber surveillance of any kind without written consent of the subscriber. (8) No cable, line,wire, amplifier, converter, or other piece of equipment owned by Company shall be installed by Company without first securing the written permission of the owner or tenant of any property involved except where there is an existing utility easement or other easement reserved by plat or other conveyance. If such permission or easement is later lawfully revoked, whether by the original or a subsequent owner or tenant or City, Company shall remove forthwith on request of the owner or tenant any of its equipment and promptly restore the property to its original condition. Company shall perform all installations and removals in a workmanlike manner and shall be responsible for any damage to residences or other property caused by the installation. (9) Company shall be subject to 47 U.S.0 Section 551 (Section 631 of the Cable Act), as amended from time to time, regarding limitations on a cable company's collection and use of personally identifiable information, and other issues involving the protection of subscriber privacy. Section 11. Local Access. (1 ) Company shall provide one (1 ) connection of the PEG access channel from Company's headend to the WCAT-5 studio. Company shall provide and maintain the equipment necessary for transmission of PEG programming to subscribers on the PEG channel. For the purposes of this subsection, "equipment" means the cable, conduits and any other equipment necessary to transport the PEG signal from outside the City's building demarcation point to Company's headend, as well as any equipment in Company's headend necessary to transmit the programming to subscribers. Additionally, the Company shall provide financial support for PEG Access by remitting one dollar and twenty-five cents ($1 .25) per subscriber per year, payable in October of each year of the Franchise term or its extension, for ongoing PEG access equipment needs. (2) Company agrees that any services, costs or PEG support provided pursuant to this Section shall in no way modify or otherwise affect Company's obligation to pay franchise fees to the City. Company agrees that although the sum of franchise fees and services, costs and PEG support as set forth in this Section may total more than five percent (5%) of Company's gross revenues in Page 8—Council Bill No.3069 Ordinance No. 2558 21 any twelve (12) month period, such amounts shall not be offset or otherwise credited in any way against any franchise fee payments under this franchise. Section 12. Transfer of Franchise. (1 ) Company shall not sell, assign, dispose of or transfer in any manner whatsoever any interest in this franchise nor transfer or permit transfer of controlling interest in Company without prior written approval of the City Council. Company may assign its rights under this franchise for security purposes to any lender or lending institution providing financing to Company. (2) Company shall make a written request to the City for its approval of a sale or transfer and furnish all information required by law and the City. City's consent shall not be unreasonably withheld; provided, however, that the proposed controlling party or transferee must have the legal, financial, technical, and other qualifications to construct, operate and maintain a cable system in the City and must agree to comply with all provisions of the franchise. (3) City shall render a final written decision on the request within one hundred twenty (120) days of the request, provided it has received all requested information. City may condition the sale or transfer upon such terms and conditions as it deems reasonably appropriate; provided, however, any such terms and conditions so attached shall be related to the legal, technical, and financial qualifications of the prospective controlling party or transferee and to the resolution of outstanding and unresolved issues of noncompliance with the terms and conditions of this franchise by Company. Section 13. Rights Reserved to City. (1 ) Use of System by City. To the extent permitted by applicable law, City shall have the right to use Company's technical facilities without service charge for police and fire alarm systems or any other City-owned facilities of any nature, provided that such use is technically compatible with Company's facilities. City use of Company facilities shall at all times comply with the rules and regulations of Company, and shall not compete or interfere with Company's use. (2) City Supervision and Inspection. The City shall have the right to supervise all construction or installation of Company facilities subject to the provisions of this franchise and to make such inspections as it shall find necessary to insure compliance with governing laws, rules and regulations. (3) Rate Regulation. City reserves the right to regulate Company's rates and charges to the full extent authorized by applicable federal, state and local Page 9—Council Bill No.3069 Ordinance No. 2558 22 law, as these may change during the period of the franchise, and to establish rate regulation policies and guidelines for carrying out its authority. Section 14. Termination or Abandonment of Franchise. Upon any termination of this franchise, whether before the expiration of the franchise or upon expiration, or by any abandonment of the franchise by Company, all facilities installed by Company pursuant to this franchise shall be removed by Company at Company's expense and the property upon which the facilities were installed shall be restored by Company to the condition it was in before installation or use by Company, unless the Telephone Franchise or a renewed telephone franchise is in effect; or the City has granted Company alternative authority to retain the facilities in the streets; or has agreed in writing to allow Company to abandon its facilities in place. Section 15. Franchise Fee. (1 ) As compensation for the franchise granted by the City, Company shall pay to City an amount equal to five percent (5%) of gross revenues; provided that Company shall not be required to pay a higher rate than the incumbent cable operator. In the event the incumbent cable operator pays a lower rate, Company may pay the same rate as the incumbent and shall be subject to any increases in the rate paid by the incumbent within thirty (30) days of such increase. The payment for each quarter shall be based on the gross revenue from the previous calendar quarter, and shall be paid on a quarterly basis. (2) The franchise fee required by this Section shall be due and payable on or before the 15th day of the month next following the preceding calendar quarter. (3) With each payment Company shall furnish the City with a written statement under oath, executed by an officer of Company, verifying the amount of gross revenue of Company within the City for the period covered by such payment. (4) City's acceptance of any payments due under this Section shall not be considered a waiver by City of any breach of this franchise nor construed as an accord by City that the amount paid is, in fact, the correct amount; nor shall any acceptance of payments be construed as a release of any claim City may have for further or additional sums payable or for the performance of any other obligation of Company. (5) In the event a franchise fee payment or other sum is not received by the City on or before the due date, oris underpaid, Company shall pay in addition Page 10—Council Bill No.3069 Ordinance No. 2558 23 to the payment or sum due, interest from the due date at a rate equal to the legal interest rate on judgments in the State of Oregon. (6) City shall have the right to perform, or cause to have performed, an audit or review of Company's books and records and the books and records of any parent or affiliate company, for the purpose of determining the gross revenues of Company generated in any manner through the operation of the cable system under this franchise and the accuracy of amounts paid as franchise fees to the City by Company. The cost of any such audit or review shall be borne by the City, except that if through the audit or review it is established that Company has underpaid the franchise fees required by this franchise by two percent (2%) or more in any year, then Company shall, within thirty (30) days of being requested to do so by the City, reimburse the City for the full cost of the audit or review. Section 16. Company Records and Reports. (1 ) Company agrees that the City, upon thirty (30) days written notice to Company, may review at Company's business office, during normal business hours and on a non-disruptive basis, such of its books and records as are reasonably necessary to ensure compliance with the terms of this franchise. In the event Company asserts that certain information is proprietary or confidential in nature, Company shall mark as "confidential" each page it deems proprietary or confidential and separately state the reasons for its confidentiality in writing. (2) Company shall submit to the City copies of all petitions, applications, communications and reports related to Company's cable system or cable services in the City that are submitted by Company to the FCC, Securities and Exchange Commission or other Federal and State regulatory commission or agency having jurisdiction. Section 17. System Data. Company shall maintain at its office located in the Gervais, Oregon area, current maps and other operational data relating to its cable system in the City. The City may inspect these maps and data at any time during normal business hours. Section 18. Permit and Inspection Fees. Nothing in this franchise shall be construed to limit the right of City to require Company to pay reasonable costs incurred by City in connection with the issuance of a permit, making an inspection, or performing any other service for or in connection with Company or its facilities,whether pursuant to this franchise or any other ordinance or regulation now in effect or hereafter adopted by the City. Page 11 —Council Bill No.3069 Ordinance No. 2558 24 Section 19. Franchise Violations and Remedies. (1 ) In addition to any rights set out elsewhere in this franchise, or such other rights as it may possess, the City reserves the right at its discretion to apply any of the remedies set forth in this franchise, alone or in combination, in the event Company violates any material provision of this franchise. (2) If City believes that Company has failed to perform any obligation under this franchise or has failed to perform in a timely manner, City shall notify Company in writing, stating with reasonable specificity the nature of the alleged violation. Company shall have thirty (30) calendar days from the date of receipt of such notice to: (a) Respond to City, contesting City's assertion that a violation has occurred, and requesting a hearing in accordance with subsection (5) below, or; (b) Cure the violation, or; (c) Notify City that Company cannot cure the violation within the thirty (30) days, and notify the City in writing of what steps Company shall take to cure the violation including Company's projected completion date for such cure. In such case, City shall set a hearing date within thirty (30) days of receipt of such response in accordance with subsection (3) below. (3) In the event that Company notifies the City that it cannot cure the violation within the thirty (30) day cure period, City shall, within thirty (30) days of City's receipt of such notice, set a hearing. At the hearing, City shall review and determine whether Company has taken reasonable steps to cure the violation and whether Company's proposed plan and completion date for cure are reasonable. In the event such plan and completion date are determined by mutual consent to be reasonable, the same may be approved by the City, who may waive all or part of the fines for such extended cure period in accordance with the criteria set forth in subsection (7) of this Section. (4) In the event that Company fails to cure the violation within the thirty (30) day basic cure period, or within an extended cure period approved by the City pursuant to subsection (3), the City shall set a hearing to determine what fines, if any, shall be applied. (5) In the event that Company contests the City's assertion that a violation has occurred, and requests a hearing in accordance with subsection Page 12—Council Bill No.3069 Ordinance No. 2558 25 (2)(a) above, the City shall set a hearing within sixty (60) days of the City's receipt of the hearing request to determine whether the violation has occurred, and if a violation is found, what fines shall be applied. (6) In the case of any hearing pursuant to this Section, City shall notify Company of the hearing in writing and at the hearing, Company shall be provided an opportunity to be heard and to present evidence in its defense. The City may also hear any other person interested in the subject, and may provide additional hearing procedures as City deems appropriate (7) The fines set forth in subsection (1 1 ) below may be reduced at the discretion of the City, taking into consideration the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors: (a) Whether the violation was unintentional; (b) The nature of the harm which resulted; (c) Whether there is a history of prior violations of the same or other requirements; (d) Whether there is a history of overall compliance, and/or; (e) Whether the violation was voluntarily disclosed, admitted or cured. (8) If, after the hearing, City determines that a violation exists, City may use one or more of the following remedies: (a)Order Company to correct or remedy the violation within a reasonable time frame as City shall determine; (b) Establish the amount of fine set forth in subsection (1 1 ) below, taking into consideration the criteria provided for in subsection (7) of this Section as appropriate in City's discretion; (c) Revoke this franchise, and/or; (d) Pursue any other legal or equitable remedy available under this franchise or any applicable law. (9) This franchise shall not be revoked nor shall fines be imposed except after notice and hearing as set forth in this Section. Page 13—Council Bill No.3069 Ordinance No. 2558 26 (10) The determination as to whether a violation of this franchise has occurred shall be within the sole discretion of the City or its designee, provided that any such final determination shall be subject to review by a court of competent jurisdiction under applicable law. (11 ) City and Company recognize that delays, expense and unique difficulties would be involved in establishing actual losses suffered by the City and the public as a result of Company's violation of certain aspects of this franchise. To that end and subject to Company's right to notice and the opportunity to cure as provided in this Section, instead of requiring proof of actual damages, the City may assess fines of up to two hundred fifty dollars ($250.00) per day for each violation for each day the violation continues. The date of violation will be the date of the event and not the date Company receives notice of the violation. The parties agree that this amount is a reasonable estimate of the actual damages (including increased costs of administration and other damages difficult to measure) the City would incur in the event of Company's breach of such provisions of this franchise. Section 20. Termination of Franchise. (1 ) In addition to any rights set out elsewhere in this franchise, the City reserves the right to declare a forfeiture or otherwise terminate or revoke this franchise, and all rights and privileges pertaining thereto, in the event that: (a) Company is in violation of any material provision of the franchise after application by the City of a remedy lesser than franchise revocation, and fails to correct the violation after written notice of the violation and proposed forfeiture and a reasonable opportunity thereafter to correct the violation; (b) Company becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt; (c) Company is found to have engaged in fraud or deceit upon the City, persons or subscribers; (d) Company fails to obtain and maintain any permit required by any federal or state regulatory body, relating to the construction, maintenance and operation of the cable system; provided, however, that Company shall be allowed a reasonable time to cure failure to obtain any permit; or Page 14—Council Bill No.3069 Ordinance No. 2558 27 (e) Company fails to maintain the full amount of its insurance or to post a performance bond as required under the terms of this franchise. (2) Upon the occurrence of one of the events set out in subsection (1 ) of this Section, and after following the procedure set forth in Section 19 of the franchise, the City shall provide written notice to Company of its intent to revoke the franchise. The notice shall set forth the specific nature of noncompliance. Company shall have ninety (90) days from receipt of such notice to object in writing and to state its reason(s) for such objection. In the event the City has not received a satisfactory response from Company, it may then seek revocation of the franchise at a second public hearing. The City shall provide Company at least thirty (30) days prior written notice of such public hearing specifying the time and place of such hearing and stating its intent to revoke the franchise. At the hearing, Company shall be provided an opportunity to be heard and to present evidence in its defense. (3) Within thirty (30) days following the public hearing, City shall determine (i) whether an event of default has occurred; (ii) whether such event of default is excusable; and (iii) whether such event of default has been cured or will be cured by Company. The City shall also determine whether to revoke the franchise based on the information presented or, where applicable, grant additional time to Company to affect the cure. If the City determines that the franchise should be revoked, the City shall promptly provide Company with a written decision setting forth its reasoning. The City may, in its sole discretion, take any lawful action which it deems appropriate to enforce the City's rights under the franchise in lieu of revocation of the franchise. (4) The parties agree that the limitation of City liability set forth in 46 U.S.0 § 555a is applicable to this franchise. Section 21. Equal Opportunity Employment and Affirmative Action. Company shall take affirmative action to ensure that all employment decisions, practices, and procedures are without discrimination on the basis of an individual's race, color, religion, age, sex or national origin. Company's policy shall apply to all employment actions including advertising, recruiting, hiring, promotion, transfer, remuneration, selection for training, company benefits, disciplinary action, lay-off, and termination. Section 22. Remedies Not Exclusive-, Waiver. All remedies under this franchise, including termination of the franchise, are cumulative and recovery or enforcement of one is not a bar to the recovery or enforcement of any other remedy. Remedies contained in this franchise, including termination of the Page 15—Council Bill No.3069 Ordinance No. 2558 28 franchise, are not exclusive and the City reserves the right to enforce penal provision of any ordinance and also use any remedy available at law or in equity. Failure to enforce any provision of this franchise shall not be construed as a waiver or a breach of any other term, condition or obligation of this franchise. Section 23. Franchise Term. This franchise is granted for a term of five (5) years. Section 24. Acceptance of Franchise. Within forty (40) days from the effective date of the ordinance granting this franchise, Company shall file with the city recorder a written unconditional acceptance of this franchise and all of its terms and conditions, and if they fail to do so this franchise shall be void and of no effect. The effective date of this franchise shall be the effective date of the ordinance, unless Company fails to file the written acceptance required in this Section in a form acceptable to the City Attorney. Section 25. Constitutionality. If any section, subsection, sentence, clause or portion of this franchise is for any reason held invalid or rendered unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the constitutionality of the remaining portion hereof. If for any reason the franchise fee described herein is invalidated or amended by the act of any court or governmental agency, then the highest franchise fee allowed by such court or other governmental agency shall be the franchise fee charged by this franchise. Section 26. Emergency Clause. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and so that the Company can promptly begin to provide cable television services to City customers, an emergency is declared to exist and this ordinance shall take effect immediately upon passage and approval by the Mayor. Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Page 16—Council Bill No.3069 Ordinance No. 2558 29 Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 17—Council Bill No.3069 Ordinance No. 2558 30 �'I'1 r I Iii♦ r} B V' June 25, 2018 TO: Honorable Mayor and City Council FROM: Scott Derickson, City Administrator N. Robert Shields, City Attorney SUBJECT: Ordinance Review/Revision Project Repeal of Ordinance 2032 (Municipal Offenses) RECOMMENDATION: Adopt the ordinance repealing Ordinance 2032 (Municipal Offenses). BACKGROUND: This matter is brought before you as part of the Ordinance Review/Revision Project. As part of this ongoing effort, each general ordinance of the City is being legally and administratively evaluated. Staff will make a report of the status of this project at the July 9, 2018 City Council meeting. Ordinance 2032 (Municipal Offenses) was adopted by the City Council in 1989. Legally, cities can elect to prosecute state criminal offenses through their municipal courts if they adopt the state law pursuant to an ordinance and are willing to pay the costs associated with increased judge time, city prosecution time, jury expenses, court-appointed attorneys, and prisoners. Since the City determined in 1990 that it was no longer cost efficient to prosecute criminal cases through the Woodburn Municipal Court, Ordinance 2032 is not needed and is no longer functional. DISCUSSION: Ordinance 2032 should be repealed. If, in the future, the City decides to resume criminal prosecutions, a new updated ordinance would need to be adopted. FINANCIAL IMPACT: None. Attachment: Ordinance 2032 Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x- 31 COUNCIL BILL NO. 1184 ORDINANCE N0. 2032 AN ORDINANCE DESCRIBING MUNICIPAL OFFENSES, PROVIDING PENALTIES, REPEALING ORDINANCE 1987 AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Adoption of the Oregon Criminal Code. The Oregon Criminal Code (hereinafter ORS 133.075, ORS Chapter 475, and ORS Chapters 161, 162, 163, 164, 165, 166, and 167, as it is now constituted) is hereby adopted by the City of Woodburn. Provisions of the above-mentioned chapters relating to defenses, burden of proof, general principles of criminal liability, parties, and general prin- ciples of justification apply to offenses defined and made punishable by this ordinance. Section 2. Violation of Code as City Offense. Violation of any provision adopted in section 1 of this ordinance, except where an offense is classified under state law as a felony or where a court other than a municipal court is vested with exclusive jurisdiction, constitutes a municipal offense against the City of Woodburn. Section 3. Jurisdiction of the Municipal Court. The Woodburn Municipal Judge, pursuant to the Woodburn City Charter, Oregon law and the home rule authority of the City of Woodburn, is given original and exclusive jurisdiction over any alleged violation of this ordinance. Section 4. Penalty for Violation. Upon finding that an offense has been committed under this ordinance, the Woodburn Municipal Judge shall impose a penalty not to exceed the penalty provided by state law as it is now constituted. Page 1 - COUNCIL BILL NO. 1184 ORDINANCE NO. 2032 32 Section 5. Severability. Each portion of this ordinance shall be deemed severable from any other portion. The unconstitutionality or invalidity of any portion of this ordinance shall not invalidate the remainder of this ordinance. Section 6. Repeal and Saving Clause. (1) Ordinance No. 1987, as amended, is hereby repealed. (2) Notwithstanding subsection (1) of this section, Ordinance No. 1987 shall remain valid and in force for the purpose of authorizing the arrest, prosecution, conviction, and punishment of a person who violated Ordinance No. 1987 prior to the effective date of this ordinance. Section 7. Emergency Clause. This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist, and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form: City Attorney Date APPROVED: '- NANCY A. R SEY, 1AYOR Passed by the Council November 13, 1989 Submitted to the Mayor November 15, 1989 Approved by the Mayor November 15, 1989 Filed in the Office of the Recorder November 15, 1989 ATTEST: Mary `E.— n�k nant, Deputy Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 1184 ORDINANCE NO. 2032 33 COUNCIL BILL NO. 3070 ORDINANCE NO. 2559 AN ORDINANCE REPEALING ORDINANCE 2032 (MUNICIPAL OFFENSES) AS PART OF THE ORDINANCE REVIEW/REVISION PROJECT AND DECLARING AN EMERGENCY WHEREAS, under Oregon state law, municipal courts that conduct trials in criminal cases are required to pay for extensive judge time, court appointed attorney expenses and prisoner transport and administration; and WHEREAS, the City of Woodburn determined in 1990 that it was no longer cost efficient to conduct criminal trials in the Woodburn Municipal Court and that these cases should be processed through the state court system; and WHEREAS, through the Ordinance Review/Revision Project, it has come to the City Council's attention that Ordinance 2032 (which is still in force) adopts the 1989 Oregon Criminal Code; and WHEREAS, the City Council finds, after an operational review by the involved department(s) and upon legal advice by the City Attorney's Office, there is no longer a need for Ordinance 2032; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The City Council finds there is no longer a need for Ordinance 2032. Section 2. Ordinance 2032 is repealed. Section 3. This Ordinance being necessary for the immediate preservation of the public peace, health and safety (so that the modifications made by the City Council in the course of the Ordinance Review/Revision Project may be implemented without delay) an emergency is declared to exist and this Ordinance shall take effect immediately upon passage by the Council and approved by the Mayor. Approved as to form: City Attorney Date Page - 1 - Council Bill No. 3070 Ordinance No. 2559 34 Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page - 2 - Council Bill No. 3070 Ordinance No. 2559 35 �'I'1�r I Iii♦ r} B V' June 25, 2018 TO: Honorable Mayor and City Council through City Administrator FROM: Eric Liljequist, Public Works Director SUBJECT: STOP SIGNS ON MCNAUGHT STREET AT WILLOW AVENUE AND WOODLAND AVENUE RECOMMENDATION: That the City Council adopt a resolution authorizing the installation of stop signs and stop pavement marking lines on McNaught Street at Willow Avenue and Woodland Avenue. BACKGROUND: The Public Works Department has received a safety concern regarding the lack of stop signs on McNaught at the intersection of Willow Avenue and Woodland Avenue. The concern is that traffic has increased since the reconfiguration of the Woodland Avenue/Myrtle Avenue intersection since the completion of the I- 5 Interchange Project. Since left turns are no longer permitted on Myrtle Avenue, more vehicles have been using McNaught Street. Woodland Avenue is an Access Street that will carry more traffic in the future as the recently annexed Woodland Crossing property develops in the near future. Staff reviewed the existing conditions and recommends the installation of stop signs and stop pavement marking lines at these locations. DISCUSSION: The Manual of Uniform Traffic Control Devices (MUTCD) states that stop signs can be warranted on streets that enter a through street or with the intersection of a less important road with a main road. The Woodburn Transportation System Plan (WTSP) classifies Woodland Avenue as an access street, and McNaught Street as a local residential street. Agenda Item Review: City Administrator_x_ City Attorney_xx_ Finance 36 Honorable Mayor and City Council June 25, 2018 Page 2 It is recommended that a resolution be adopted allowing the installation of stop signs and stop pavement marking lines as shown in "Figure 1 ", which is attached to the resolution. FINANCIAL IMPACT: Estimated Cost for installation of stop signs and stop lines is $500. All estimated costs include materials and labor, which will be funded from the regular Street Maintenance Budget. 37 COUNCIL BILL NO. 3071 RESOLUTION NO. 2119 A RESOLUTION DIRECTING THAT STOP SIGNS AND STOP PAVEMENT MARKINGS BE INSTALLED ON MCNAUGHT STREET AT THE INTERSECTIONS OF WILLOW AVENUE AND WOODLAND AVENUE. WHEREAS, ORS Chapter 810 grants the City of Woodburn, the authority to install stop signs at various locations within the City limits, and WHEREAS, the City Council has received and considered the attached staff report recommending that STOP signs and STOP PAVEMENT MARKING LINES be placed on McNaught Street at the intersections of Willow Avenue and Woodland Avenue; NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That STOP SIGNS and STOP PAVEMENT MARKING LINES be installed on McNaught Street at the intersections of Willow Avenue and Woodland Avenue as shown in "Figure 1 ", which is attached to the resolution. Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Passed by 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 1 -COUNCIL BILL NO.3071 RESOLUTION NO.2119 38 i CI w , f �F / �qM ; �.„ Y J v b. <r , o P�ROPOSED SIGN .. � Sr � � AND STOP BAR s r J �� lB / „ G a S r>, yi r. W e' ph r O 4,. , ",,tr" Q O „ O ; . 3 PROPOSED SIGN ,(V AND STOP BAR 1,7 � l a /.. / a Y r z Y „ Y r PLOT DATE: 6.13.2018 4r ” FIGURE 1 McNAUGHT ST EW.IO.DBUR N PROPOSED STOP SIGN AND STOP BAR Incorporated 4889 INSTALLATION S PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION DATE: 6/12/2018 39 �'I'1 r I Iii♦ r} Y 9M& Its BU Pri,a�.;rrt,r,a' aA'!R7 June 25, 2018 TO: Honorable Mayor and City Council FROM: Jim Row, Assistant City Administrator SUBJECT: Lease Agreement for 970-990 N. Cascade Dr. RECOMMENDATION: Authorize the City Administrator execute the enclosed lease agreement for the building located at 970-990 N. Cascade Dr. BACKGROUND: The City Hall Preservation Project is expected to begin in the fall of 2018. Work to the building will be significant, requiring the relocation of nearly every City Hall employee and the related services provided to the public at City Hall. Staff investigated options for a temporary City Hall facility and reviewed every available commercial office building in Woodburn. The 11 ,208 sq. ft. building located at 970-990 N. Cascade Dr. was determined to be the most suitable available property on the market. DISCUSSION: In order for the building to serve as a suitable City Hall facility, a number of tenant improvements must be made prior to occupancy. These improvements are estimated to cost the City approximately $40,000 to complete. Since these improvements will remain with the building and will enhance its value, the landlord has agreed to provide a rent credit to the City. Since the building will be leased to a governmental agency, the City is able to apply for a property tax exemption from the Marion County Assessor's office. We anticipate that the exemption request will be approved, and therefore, the landlord has agreed to also provide a rent credit in the amount of the $21 ,000 property tax savings. In order for Marion County to grant the property tax exemption, the term of the lease needs to be at least 12 months in duration. Therefore the lease will be effective from June 30, 2018 through July 1 , 2019, even though we expect to only Agenda Item Review: City Administrator_X_ City Attorney_X_ Finance—X- 40 Honorable Mayor and City Council June 25, 2018 Page 2 occupy the building for the six month period from mid-fall 2018 to mid-spring 2019. Taking occupancy of the building in early summer will be very helpful providing enough time to complete the tenant improvements prior to moving City Hall functions to the new site. In addition to the value provided by the tenant improvements and the property tax exemption, the City has agreed to pay rent in the amount of $3,100 per month for the entire 12 month period. The total cost to the City, including rent and tenant improvements will be approximately $76,000. The building is on the market at an advertised rent rate of $18 per sq. ft. per year, which equates to $100,000 for the six months we anticipate needing to rent it. Staff finds the negotiated terms to be favorable to the city. FINANCIAL IMPACT: The approximately $76,000 cost of rent and tenant improvements will be funded by the City Hall Preservation Project, which is included the adopted FY 18/19 budget. 41 LEASE AGREEMENT THIS LEASE AGREEMENT("Lease"or"Agreement")is entered into this_the day of ,2018, between Cascade at 214,LLC, an Oregon limited liability company,thereafter referred to as"Landlord", and the City of Woodburn, an Oregon municipal corporation,hereinafter referred to as"Tenant." RECITAL: Landlord owns an office building consisting of approximately 11,208 square feet of space located at 970- 990 N. Cascade Drive,Woodburn,Oregon 97071. Landlord wishes to lease this property to Tenant and Tenant wishes to lease this property from Landlord upon the terms and conditions contained in this Lease. AGREEMENT: 1. Lease Premises. Landlord leases to Tenant and Tenant leases from Landlord the following described property(the Premises)on the terms and conditions contained in this Lease: That certain office building consisting of approximately 11,208 square feet,including the associated grounds and parking lot located at 970-990 N. Cascade Drive,Woodburn,Oregon 97071. Exhibit'A' reflects the premises. 2. Term. The term of this Lease shall be for 12 months,to commence June 30,2018,or upon possession, and continue through July 1,2019. 3. Option to Extend. Tenant shall have and is hereby given the option to extend this Lease on a month to month basis following expiration of the Term of the Lease. Rent amounts shall be renegotiated should Tenant provide notice of their intent to extend the term of the lease beyond July 1,2019. Any sale of the Premises will not terminate this Lease early nor inhibit or interfere with Tenant's continued right and privilege to occupy the Premises through the Lease Term.If,however, during the Term of this Lease,Landlord sells the Premises to a third party,this Option to Extend the Lease may be extinguished by the Landlord at the time of the sale. 4. Possession. Tenant's right to possession and obligations under the lease shall commence on June 30, 2018. 5. Rent. Rent shall be payable on the first day of each month in advance at such place as may be designated by Landlord. During the term of this lease and any extension or renewal period,tenant shall pay to Landlord as rent the following amounts:Thirty-seven thousand two hundred 0/100 dollars($37,200)for 12-month term,payable as three thousand one hundred 0/100 dollars($3,100)per month. This rent amount includes consideration,in the form of rent credits,from the tenant improvements identified in Exhibit'B' and the property tax exemption identified in Section 15. 6. Deposit. The security deposit requirement is hereby waived by Landlord. 7. Additional payments. Tenant agrees to provide and/or pay for garbage service,electricity,natural gas,water and sewer, and all other services,including but not limited to janitorial services, alarm 42 system monitoring,landscaping and snow removal, and data and phone services.Tenant shall undertake establishing or setting up any accounts necessary for these additional services and directly paying for the associated costs,which shall be made promptly as soon as such payments become due. 8. Condition of Premises and Permitted Uses. Tenant shall use the Premises for the administration of Woodburn City Hall business,including utilizing the Premises as an office facility for City employees and maintaining certain areas open to the public for related services,and other uses related or ancillary to Tenant's operations and activities, and for no other purposes without the consent of Landlord,which consent shall not be withheld unreasonably. Tenant will at all times keep and maintain the Premises in a good state of repair,order and condition, as that existing at the commencement of the term,reasonable wear and tear from ordinary use thereof and damage by fire or the elements alone excepted.Tenant is taking the space"as-is". a. Tenant is aware that this is a no smoking facility and,therefore,no smoking is allowed in the interior of the facility. Tenant shall assume full responsibility to see that cigarette debris(if any)is picked up daily in front of the Leased Premises. b. Signs:Tenant shall be entitled to placement on the building.All signs installed by Tenant shall comply with Landlord's standards for signs and all applicable codes. 9. Restrictions of Use. In connection with the use of the Premises,Tenant shall: a. Conform to all applicable laws and regulations of any public authority affecting the Premises and the use of the Premises.Tenant, at Tenant's own expense, shall correct any noncompliance under this section which is created by reason of Tenant's specific use of the property or by Tenant's other actions or failure to act which result in the failure to comply. However,Tenant shall not be required to make any structural changes to the Premises which are necessary for compliance,unless the changes are required as a result of Tenant's specific use of the Premises. b. Refrain from any activity that would make it impossible to insure the Premises against casualty,would increase the insurance rate,or would prevent Landlord from taking advantage of any ruling of the Oregon Insurance Rating Bureau,or its successor,unless Tenant pays the additional cost of the insurance. c. Refrain from unreasonably loading the electrical system or floors to create an unsafe condition. d. Except as provided in Section 8(b) above,refrain from making any marks on or attaching any sign,insignia, advertisements,notices, antenna, aerial,or other device to the exterior or interior walls,windows,or roof of the Premises(whiteboards and bulletin boards excepted) which would be visible from any public street without the written consent of Landlord. e. Tenant shall not cause or permit any Hazardous Substance to be spilled,leaked, disposed of, or otherwise released on or under the Premises. Tenant may use or otherwise handle on the Premises only those Hazardous Substances typically used or sold in the prudent and safe operation of the business specified in paragraph 8. Tenant may store such Hazardous Substances on the Premises only in quantities necessary to satisfy Tenant's reasonably LEASE AGREEMENT— Commercial Property at 970-990 N.Cascade Dr.,Woodburn,Oregon Page 2 of 12 43 anticipated needs. Tenant shall comply with all Environmental Laws and exercise the highest degree of care in the use,handling and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used,handled,or stored on the Premises. Upon the expiration or termination of this lease, Tenant shall remove all Hazardous Substances from the Premises. The term Environmental Law shall mean any federal, state,or local statute,regulation,or ordinance or any judicial or other governmental order pertaining to the protection of health, safety or the environment. The term Hazardous Substance shall mean any hazardous,toxic,infectious or radioactive substance,waste, and material as defined or listed by any Environmental Law and shall include,without limitation,petroleum oil and its fractions. 10. Repairs and Maintenance. Landlord shall at its own cost and expense during the term of this lease keep and maintain the exterior leased Premises,in a good condition and state of repair,except for ordinary wear and tear, actions or negligence of Tenant or their clients. a. The following shall be the responsibility of Landlord: (1) Repairs and maintenance of the exterior components of the premises.Landlord is responsible for maintenance and repairs to original or Landlord installed systems(such as HVAC systems) and will repair any such systems at Landlord's expense. (2) Landlord to resolve reported repair emergencies within 24 hours, and non-emergency repair issues within 48 hours. An emergency contact list with current phone numbers, including identification of a primary point of contact, shall be provided to the Tenant. b. The following shall be the responsibility of Tenant: (1) Any repairs arising as a result of the actions or negligence of Tenant,their clients or invitees,normal wear and tear excepted. (2) Ordinary maintenance and any repairs necessary because of improper Tenant maintenance responsibilities,including light bulb replacement within the Premises. (3) Construction of the tenant improvements outlined in attached Exhibit'B'. Tenant shall be responsible for the installation,maintenance, and repairs. (4) Any repairs or alterations required under Tenant's obligation to comply with laws and regulations as set forth in paragraph 9. (5) Re-keying of locks. If after commencement of the Lease Term,Tenant requires that the door locks be re-keyed, Tenant may rekey the Premises at any time of their choosing with any licensed, qualified locksmith of their choice. Tenant agrees to provide copies of all new keys to Landlord. All rekeying and management of the key system will be Tenant's responsibility and expense. Tenant acknowledges that a key system outside the master key system for the office complex may cause delays in Landlord response to emergencies which require Landlord access, although Landlord will make every effort to minimize these delays. LEASE AGREEMENT— Commercial Property at 970-990 N.Cascade Dr.,Woodburn,Oregon Page 3 of 12 44 (6) Fire extinguisher(s). If required by the Woodburn Fire District Code,Tenant shall supply and maintain fire extinguishers as appropriate. (7) Phone&Data. Tenant shall be responsible for the installation,maintenance and repair of all phone and data services from the point of demarcation forward into the Premises. (8) Parking Area&Landscaping.Tenant shall be responsible for the general upkeep of the Premises'parking lot area,including replacing light bulbs in the parking lot light fixtures and keeping the area free of debris,trash, graffiti,or other markings.Tenant shall also be responsible for providing landscaping maintenance for the Premises,including appropriate lawn care and mowing,weed control, and trimming/pruning services. 11. Americans with Disabilities Act(ADA).Tenant shall be responsible for compliance with the ADA for all issues that arise with respect to Tenant's trade fixtures,equipment and freestanding space dividers and any other fixtures or equipment installed or used on the Premises by Tenant. 12. Inspections and Other Entries. Landlord shall have the right to inspect the Premises at any reasonable time with prior notification. 13. Alterations or Improvements. Tenant shall have the right to make improvements or alterations on the Premises with first obtaining Landlord's written consent.All alterations shall be made in a good and workmanlike manner, and in compliance with applicable laws and building codes.All improvements and alterations performed on the Premises by either Landlord or Tenant shall be the property of Landlord when installed unless the applicable Landlord's consent specifically provides otherwise. Improvements and alterations installed by Tenant shall, at Landlord's option,be removed by Tenant and the Premises restored unless the applicable Landlord's consent specifically provides otherwise. a. Tenant Improvements. Tenant shall provide a detailed list of all Tenant Improvements to be completed by Tenant(Exhibit B). 14. Fire Insurance&Liability. Landlord shall at the Landlords expense maintain at all times property insurance and general liability insurance covering the Premises. Tenant shall procure and maintain in force,at its expense, general liability insurance coverage,insuring for the risk of its own liability for all claims that fall within the scope of the Oregon tort claims act(ORS 30.260 and 30.300).Tenant shall name Landlord as an additional insured on this insurance policy and furnish a certificate to Landlord upon its request. 15. Real Property Taxes. Landlord shall be responsible for the payment of the real property taxes. Tenant's payments under this lease have already been reduced to reflect the actual savings of the annual real property tax.Tenant will apply for exemption from ad valorem property taxes for the leased premise under ORS 307.112, and will file claim for such exemption in a timely manner, as prescribed by ORS 307.112. If the tenant should not receive the tax exemption,then tenant shall pay the real property taxes. 16. Damage or Destruction. If the Premises are destroyed or damaged to the extent of 40%of the Premises,Landlord may elect to terminate the lease as of the date of the damage or destruction by notice given to Tenant in writing not more than 45 days following the date of damage. In such event LEASE AGREEMENT— Commercial Property at 970-990 N.Cascade Dr.,Woodburn,Oregon Page 4 of 12 45 all rights and obligations of the parties shall cease as of the date of termination, and Tenant shall be entitled to the reimbursement of any prepaid amounts paid by Tenant and attributable to the anticipated term. If less than 40%of the Premises are damaged or destroyed or Landlord elects not to terminate,Landlord shall proceed to restore the Premises to substantially the same form as prior to the damage or destruction. Work shall be commenced as soon as reasonably possible. Rent shall be abated during the repair of any damage to the extent the Premises are untenantable,except that there shall be no rent abatement where the damage occurred as the result of the fault of Tenant. 17. Eminent Domain. a. Partial Taking. If a portion of the Premises is condemned and paragraph 17.b.below does not apply,the lease shall continue on the following terms: (1) Landlord shall be entitled to all of the proceeds of condemnation, and Tenant shall have no claim against Landlord as a result of the condemnation. (2) Landlord, at Landlord's election,may proceed as soon as reasonably possible to make repairs and alterations to the Premises that are necessary to restore the remaining Premises to a condition as comparable as reasonably practicable to that existing at the time of the condemnation. If the Tenant is required to relocate a portion or all of its services to another location during the repairs or alterations,the Tenant shall be given a 30-day notice before proceeding with said repairs or alterations. (3) After the date on which title vests in the condemning authority or an earlier date on which alterations or repairs are commenced by Landlord to restore the balance of the Premises in anticipation of taking,the rent shall be reduced in proportion to the reduction in value of the Premises as an economic unit on account of the partial taking. If the parties are unable to agree on the amount of the reduction of rent,the amount shall be determined by an independent appraiser selected by Landlord. The cost of such appraiser shall be divided equally between Landlord and Tenant. b. Total Taking. If a condemning authority takes all of the Premises or a portion sufficient to render the remaining Premises reasonably unsuitable for the use that Tenant was then making of the Premises,the lease shall terminate as of the date the title vests in the condemning authorities. Upon termination,Landlord shall be entitled to all of the proceeds of condemnation, and Tenant shall have no claim against Landlord as a result of the condemnation. If the Tenant is required to relocate a portion or all of its services to another location during the total taking of the property,the Tenant shall be given a 30-day notice before proceeding with said taking of property. c. Sale in Lieu of Condemnation. Sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of a threat or probability of the exercise of the power shall be treated for the purposes of this section as a taking by condemnation. 18. Liens. Except with respect to activities,for which Landlord is responsible,Tenant shall pay as due all claims for work done on and for services rendered or material furnished to the Premises, and shall LEASE AGREEMENT— Commercial Property at 970-990 N.Cascade Dr.,Woodburn,Oregon Page 5 of 12 46 keep the Premises free from any liens. If,following 10 days prior written notice from Landlord, Tenant fails to pay any such claims or to discharge any lien;Landlord may do so and collect the cost as additional rent. Any amount so added shall bear interest at the rate of 10%per annum from the date expended by Landlord and shall be payable on demand. Such action by Landlord shall not constitute a waiver of any right or remedy which Landlord may have on account of Tenant's default. 19. Indemnification. Subject to the limitations of the Oregon Tort Claims Act and the Oregon Constitution,Tenant agrees to indemnify, defend and hold harmless the Landlord against any and all liability,loss and costs arising from actions, suits, claims or demands attributable solely and exclusively to acts or omissions of Tenant, and Tenant's officers, agents and employees,under this lease agreement. During the term of the lease,the Landlord shall defend,indemnify and hold Tenant harmless against any claim of liability of loss from personal injury or property damage caused by the negligence or willful misconduct of the Landlord,its employees or agents except to the extent that such claims or damages may be due to or caused by the acts or omissions of the Tenant,its employees or agents. 20. Assignment or Subletting. Tenant is authorized to sublet an office space for the Executive Director of the Woodburn Area Chamber of Commerce. No other part of the Premises may be assigned, mortgaged,or subleased,nor may a right of use of any portion of the Premises be conferred on any third person by any other means,without the prior written consent of Landlord. This provision shall apply to all transfers by operation of law. No consent in one instance shall prevent this provision from applying to a subsequent instance. Landlord may withhold or condition such consent in its sole and arbitrary discretion. 21. Default. The following shall be events of default: a. Default in Rent. Failure of Tenant to pay any rent or other charge within 15 days after it is due; b. Default in Other Covenants. Failure of Tenant to perform any obligation of the lease(other than the payment of rent or other charges)within 20 days after written notice by Landlord specifying the nature of the default with reasonable particularity. If the default is of such a nature that it cannot be completely remedied within the 20-day period,this provision shall be complied with if Tenant begins correction of the default within the 20-day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable; c. Insolvency. Insolvency of Tenant;an assignment by Tenant for the benefit of creditors;the filing by Tenant of a voluntary petition in bankruptcy;an adjudication that Tenant is bankrupt or the appointment of a receiver of the properties of Tenant;the filing of any involuntary petition of bankruptcy and failure of Tenant to secure a dismissal of the petition within 30 days after filing; attachment of or the levying of execution on the leasehold interest and failure of Tenant to secure discharge of the attachment or release of the levy of execution within 10 days shall constitute a default. ;or LEASE AGREEMENT— Commercial Property at 970-990 N.Cascade Dr.,Woodburn,Oregon Page 6 of 12 47 d. Abandonment. Failure of Tenant for 20 days or more to occupy the Premises for one or more of the purposes permitted under this lease,unless such failure is excused by other provisions of this lease. e. Default by Landlord. Landlord will be in default of this Lease if Landlord fails to perform obligations within twenty(20)days after written notice from Tenant to Landlord describing the default;provided however that if the nature of Landlord's obligation is such that more than twenty(20) days are required for performance,then Landlord shall not be in default if Landlord commences performance within the twenty(20) day period and thereafter diligently prosecutes the same to completion. 22. Remedies on Default. The following shall be remedies in the event of default: a. Landlord Remedies. In the event of default by Tenant, and such violation is not cured within the time allowed under Section 21,the the Landlord may resume possession of the Premises and dispossess all persons and the goods and chattels of any person,in accordance with applicable laws and regulations, and the Landlord may either terminate this Lease by giving notice of the termination of the Tenant and recover from the Tenant all damages and costs incurred by the Landlord,including the expense of recovering possession,or the Landlord may refuse to terminate this Lease,put the premises in good order and repair,make alterations and repairs and relet any part or all of the Premises for any part or all of the remainder of the term,or for a longer term,to a Lessee or Lessees satisfactory to the Landlord and at commercially reasonable rental or rentals. Landlord may change the character or use of the Premises,but Landlord shall not be required to relet for any use or purpose (other than that specified in the Lease)which Landlord may reasonably consider injurious to the Premises.The Landlord shall receive the rentals from the Premises and apply them first to the payment of the expenses of recovering possession and the re-renting of the premises; secondly,to the payment of the expenses incurred in putting the Premises in good order and condition and making alterations and repairs to the Premises;and thirdly,to the payment of the rent due under this Lease and to the cost of performing other covenants of this Lease. The balance,if any, shall be paid to Tenant, and the Tenant shall remain liable for any deficiency,which the Tenant agrees to pay monthly as it accrues. b. Tenant's Remedies. If the Landlord shall violate or default in the performance of any Landlord's obligations within this Lease Agreement, and such violation is not cured within the time allowed under Section 21,the Tenant may terminate this Lease at the option of Tenant by providing written notice, and may recover damages and costs incurred by Tenant. If Landlord fails to commence repairs of the Premises as required in Section 10. a.above within twenty(20) days after written notice from Tenant,Tenant may terminate this Lease by giving notice to the Landlord,or Tenant may perform any such repairs and deduct the costs thereof from the monthly rent next falling due;provided,if such disrepair has the effect that Tenant cannot reasonably use the Premises in the manner set forth in Section 8,then the monthly rent shall be abated until the Premises can be reasonably operated for such use. Notwithstanding the preceding,Landlord shall use best efforts to avoid materially or unreasonably affecting or interrupting Tenant's use of the Premises. 23. Surrender at Expiration. LEASE AGREEMENT— Commercial Property at 970-990 N.Cascade Dr.,Woodburn,Oregon Page 7 of 12 48 a. Condition of Premises. Upon expiration of the lease term or earlier termination on account of default,Tenant shall deliver all keys to Landlord and surrender the Premises in good condition and broom clean including removal of all rubbish and debris, clean walls, clean carpets, clean bathroom items, clean plumbing fixtures and window coverings,normal wear and tear excepted. Alterations constructed by Tenant with permission from Landlord shall not be removed or restored to the original condition unless the terms of permission for the alteration so require. Tenant's obligations under this section shall be subordinate to the provisions relating to destruction. b. Fixtures (1) All fixtures placed upon the Premises during the term,other than Tenant's trade fixtures shall become the property of Landlord. (2) Prior to expiration or other termination of the lease term,Tenant shall remove all furnishings,furniture, and trade fixtures that remain Tenant's property. If Tenant fails to do so,this shall be an abandonment of the property, and the Landlord may retain the property and all rights of Tenant with respect to it shall cease or,by notice in writing given to Tenant within 20 days after removal was required,Landlord may elect to hold Tenant to its obligation of removal. If Landlord elects to require Tenant to remove, Landlord may effect a removal and place the property in public storage for Tenant's account. Tenant shall be liable to Landlord for the cost of removal,transportation to storage, and storage,with annual interest at the rate of 10%on all such expenses from the date of expenditure by Landlord. 24. Miscellaneous. a. Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. b. Notices. Any notice required or permitted under this lease shall be given when actually delivered or 72 hours after deposited in United States mail as certified mail addressed to the address as may be specified below or as may be changed from time to time by either of the parties in writing. LANDLORD: Philip J.Hand Lucien S.Klein 313 McLaughlin Dr. 500 Marshall St Woodburn,OR 97071 Woodburn,OR 97071 TENANT: Scott Derickson, City Administrator Woodburn City Hall 270 Montgomery Street Woodburn,OR 97071 LEASE AGREEMENT— Commercial Property at 970-990 N.Cascade Dr.,Woodburn,Oregon Page 8 of 12 49 c. Succession. Subject to the above-stated limitations on transfer of Tenant's interest,this lease shall be binding on and inure to the benefit of the parties and their respective successors and assigns. d. Recordation. This lease shall not be recorded without the written consent of Landlord. e. Proration of Rent. In the event of commencement or termination of this lease at a time other than the beginning or end of one of the specified rental periods,then the rent shall be prorated as of the date of commencement or termination and in the event of termination for reasons other than default, all prepaid rent shall be refunded to Tenant or paid on its account. f. Time of Essence. Time is of the essence of the performance of each of Tenant's and Landlord's obligations under this lease. g. Parking. Landlord agrees to make available to the Tenant for the exclusive use of Tenant,its employees, designees and invitees, all of the parking spaces on,or adjacent to the Premises. A description and/or marking of the parking areas is set forth in Exhibit A attached hereto. h. Real Estate Taxes. The base rent stipulated in paragraph 5 above has been adjusted to reflect any exemption from real property taxation under ORS 307.112 because Tenant is qualified for an exemption under ORS 307.130. i. Quiet Enjoyment. Landlord agrees that Tenant shall lawfully, peacefully, and quietly hold, occupy,and enjoy the Premises during the Lease Term without objection or molestation,except as provided by this Agreement. j. Oregon Law. This Agreement is governed by and construed in accordance with the laws of the State of Oregon where the leased Premises are located, and venue for any legal action will be in the county where the leased Premises are located. k. Severability.If any provision of this Agreement or the application thereof shall,for any reason and to any extent,be invalid or unenforceable,neither the remainder of this Agreement,nor the application of the provisions to other persons,entities or circumstances shall be affected,but instead shall be enforced to the maximum extent permitted by law. 1. No Waiver. No waiver by either party of any breach of any of the covenants or conditions contained in this Agreement to be performed by the other party will be construed as a waiver of any succeeding breach of the same or any other covenant or condition. m. 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 constitutes the entire, final, and complete agreement of the parties pertaining to the subject matter hereof, and supersedes and replaces all prior or existing written and oral agreements between the parties or their representatives relating to the Premises. LEASE AGREEMENT— Commercial Property at 970-990 N.Cascade Dr.,Woodburn,Oregon Page 9 of 12 50 IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year first set forth above. LANDLORD: TENANT: Cascade at 214,LLC City of Woodburn By: Date Scott Derickson, City Administrator Date Its: LEASE AGREEMENT— Commercial Property at 970-990 N.Cascade Dr.,Woodburn,Oregon Page 10 of 12 51 EXHIBIT A Premises Floor Plan,Layout, &Parking Area LEASE AGREEMENT— Commercial Property at 970-990 N.Cascade Dr.,Woodburn,Oregon Page 11 of 12 52 EXHIBIT B Pursuant to Section 13 of the Lease Agreement,Tenant shall be responsible for the construction of certain Tenant Improvements on the Premises as specified below.The cost and responsibility for all Tenant Improvements shall be that of the Tenant.Landlord shall make no financial contribution toward the cost of Tenant Improvements unless substantial changes or modifications to the Tenant Improvements is agreed upon in writing and signed by both parties. Tenant Improvements&Estimated Value of Such Improvements: Tenant Improvement Description Estimated CostNalue Painting every wall throughout the Painting building(with the exception of those in the attorneys office suite). $18,500 Replacing the dental exam room floors and Flooring Replacement all of the damaged linoleum floors in the medical office suite. The remaining carpets and linoleum floors Flooring Cleaning not being replaced will be professionally $2,100 cleaned(with the exception of the attorneys office suite). Re-sealing and striping the parking lot.Additionally,installing two ADA Parking Lot Improvements parking signs and making any repairs $7,500 necessary to ensure the parking lot lighting fixtures are functional. Installation of network cabling throughout the entire building,as indicated by Layout in Exhibit A.The network drops noted in blue indicate repaired wiring at existing network connection locations.The network drops noted in red indicate new network connection locations.Network wiring for Network Cabling $8,500 the attorney's office will originate in the existing telephone system location. Network wiring for the remainder of the building will originate in the upstairs network room. In addition,one wired connection will run from the attorneys office to the upstairs network room. Unidentified miscellaneous building Miscellaneous repairs to items,such as doors,plumbing, $2,400 lighting,etc. LEASE AGREEMENT- Commercial Property at 970-990 N.Cascade Dr.,Woodburn,Oregon Page 12 of 12 53 �'I'1 r I Iii♦ r} Y 9M& Its BU Pri,,�arrt rr rf aA'!87 June 25, 2018 TO: Honorable Mayor and City Council FROM: Jim Row, Assistant City Administrator SUBJECT: First Amendment to Purchase and Sale Agreement with FHDC RECOMMENDATION: Authorize the City Administrator to execute the enclosed First Amendment to the Purchase and Sale Agreement with Farmworker Housing Development Corporation (FHDC). BACKGROUND: In November 2015, the City Council granted FHDC an option to purchase City owned property at 1750 Park Ave for the development of a workforce and farmworker housing project. In December 2017, FHDC exercised their option by delivering a signed Purchase and Sale Agreement to the City. On January 5, 2018, FHDC notified the City that they had secured full funding for the project, waived their financing contingency, and initiated the cleanup effort necessary to remove contaminated soils. On April 10, 2018. FHDC notified the City that they had completed the site cleanup project and thereby released the site preparation contingency, as required by the executed Purchase and Sale Agreement. DISCUSSION: As further work remains to complete the federally mandated environmental review process, FHDC is requesting additional time to complete the closing process. The Purchase and Sale Agreement requires that closing occur within 90 days of FHDC releasing the site preparation contingency. FHDC indicates that they now anticipate closing to occur in August 2018, but is requesting an extension to October 10, 2018, in order to ensure that more than sufficient time is provided. This item will amend the Agreement to require that closing occur within 180 days of FHDC releasing the site preparation contingency. Agenda Item Review: City Administrator_X_ City Attorney_X_ Finance—X- 54 Honorable Mayor and City Council June 25, 2018 Page 2 FINANCIAL IMPACT: N/A 55 FIRST AMENDMENT OF PURCHASE AND SALE AGREEMENT This FIRST AMENDMENT OF PURCHASE AND SALE AGREEMENT ("First Amendment") is made and entered into as of this day of , 2018, by and between the City of Woodburn, an Oregon municipal corporation ("Seller") and the Farmworker Housing Development Corporation, an Oregon nonprofit corporation, or assigns ("Purchaser"). Whereas, the Seller and Purchaser previously entered into that certain Purchase and Sale Agreement dated as of December 20, 2017 (the "Purchase and Sale Agreement"), whereby the Seller agreed to sell and the Purchaser agreed to purchase certain real property located at 1750 Park Avenue, Woodburn, Oregon (the "Property"). Whereas, the Seller and Purchaser desire to extend the amount of time allowed under the agreement for Closing of the purchase and sale of the Property; Whereas, all terms not otherwise defined herein shall have the meaning assigned to them in the Purchase and Sale Agreement; NOW, THEREFORE, in consideration of the mutual benefits derived herein, the parties agree as follows: 1. The first sentence of Section 6 is hereby deleted in its entirety and replaced with the following: The consummation of the purchase and sale of the Property (the "Closing") will take place on the date that is 180 days following the date Purchaser releases or waives its Site Preparation Contingency or on an earlier date that is mutually acceptable to the Parties. 2. Except as amended by this First Amendment, all other terms and conditions of the Purchase and Sale Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first written above. [Signatures on following pages] City of Woodburn-FHDC First Amendment to Purchase& Sale Agreement Page 1 of 3 56 Seller's Signature Page to First Amendment SELLER: The City of Woodburn, an Oregon municipal corporation Scott Derickson, City Administrator Date STATE OF OREGON ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on this_day of , 2018, by as the of (Print Name) Notary Public My appointment expires: City of Woodburn-FHDC First Amendment to Purchase& Sale Agreement Page 2 of 3 57 Purchaser's Signature Page to First Amendment PURCHASER: Farmworker Housing Development Corporation, an Oregon nonprofit corporation By: Name: Date Title: STATE OF OREGON ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on this_day of , 2018, by as the of (Print Name) Notary Public My appointment expires: City of Woodburn-FHDC First Amendment to Purchase& Sale Agreement Page 3 of 3 58 �'I'1 r I Iii♦ r} Y 9M& Its BU Pri,,�arrt rr rf aA'!87 June 25, 2018 TO: Honorable Mayor and City Council FROM: Jim Row, Assistant City Administrator SUBJECT: Assignment and Assumption of Purchase and Sale Agreement RECOMMENDATION: Authorize the City Administrator to sign the enclosed Assignment and Assumption of Purchase and Sale Agreement. BACKGROUND: In November 2015, the City Council granted Farmworker Housing Development Corporation (FHDC) an option to purchase City owned property at 1750 Park Ave for the development of a workforce and farmworker housing project. In December 2017, FHDC exercised their option by delivering a signed Purchase and Sale Agreement to the City. FHDC has since secured project funding and is nearing completion of the federally required environmental review process. They anticipate closing on the purchase and beginning construction in August 2018. DISCUSSION: In order to meet the funding requirements of their lender, FHDC has created a limited partnership that will assume ownership of the project. FHDC will assign all of it rights, duties and obligations under the existing Purchase and Sale Agreement to CUE Limited Partnership. While the property will be owned by CUE Limited Partnership, it will be operated by FHDC along with their other housing developments. Pursuant to the Purchase and Sale Agreement, the City is required to consent to this assignment. FINANCIAL IMPACT: N/A Agenda Item Review: City Administrator_X_ City Attorney_X_ Finance—X- 59 ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE AGREEMENT This ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE AGREEMENT ("Assignment") is made and entered into as of the day of , 2018,by and between FARMWORKER HOUSING DEVELOPMENT CORPORATION, an Oregon nonprofit public benefit corporation ("Assignor"), and CUE LIMITED PARTNERSHIP, an Oregon limited partnership (("Assignee"). WHEREAS,Assignor, as Purchaser, and City of Woodburn, Oregon, an Oregon municipal corporation, as Seller, entered into that certain Purchase and Sale Agreement dated as of December 20, 2017 (the "Purchase Agreement"), to purchase certain real property located at 1750 Park Avenue, Woodburn, OR 97071 (the "Property"); WHEREAS, Section 14 of the Purchase Agreement permits,with the Seller's approval,that Purchaser may assign its rights and obligations under the Purchase Agreement to a third party, who for all purposes would be regarded as the Purchaser under the Purchase Agreement; WHEREAS,Assignor desires to obtain Seller's approval to assign the Purchase Agreement and assign to Assignee all of Assignor's rights, duties and obligations under the Purchase Agreement; and WHEREAS, Assignee desires to assume all such rights, duties and obligations under the Purchase Agreement. NOW, THEREFORE, in consideration of the mutual benefits derived herein, the parties agree as follows: 1. Assignor hereby assigns to Assignee all of Assignor's rights, duties and obligations under the Purchase Agreement. 2. Assignee hereby assumes all rights, duties and obligations of Assignor under the Purchase Agreement, specifically including but not limited to the obligation to pay all fees arising thereunder. 3. Notice. To fulfill any notice or communication requirements under the Purchase Agreement pursuant to Section 23, Assignee provides the following address and contact information: Purchaser: Maria Guerra CUE Limited Partnership, an Oregon limited partnership 12745 1h Street, Suite 1-A Woodburn, OR 97071 60 4. The Purchase Agreement is not otherwise amended and remains in full force and effect. [Signatures on next page] 61 IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first written above. ASSIGNOR: FARMWORKER HOUSING DEVELOPMENT CORPORATION, an Oregon nonprofit public benefit corporation By: Name: Title: ASSIGNEE: CUE LIMITED PARTNERSHIP, an Oregon limited partnership By: CUE GP LLC, an Oregon limited liability company Its: General Partner By: Farmworker Housing Development Corporation, an Oregon nonprofit public benefit corporation Its: Sole Member and Manager By: Printed Name: Title: By its signature below,Seller hereby consents to and approves this Assignment and Assumption of Purchase and Sale Agreement. SELLER: THE CITY OF WOODBURN, OREGON, an Oregon municipal corporation By: Printed Name: Title: 62 �'I'1 r I Iii♦ r} B V' June 25, 2018 TO: Honorable Mayor and City Council through City Administrator FROM: Eric Liljequist, Public Works Director SUBJECT: Acceptance of a Statutory Warranty Deed for Right-of-Way Dedication and Public Utility Easement at 1750 Park Avenue, Woodburn, OR 97071 (Tax Lot 051 W08CA02800) RECOMMENDATION: That City Council authorize the future acceptance of a Right-of-Way dedication and a Public Utility Easement to be granted by CUE Limited Partnership, pending the Closing of the purchase and sale of property located at 1750 Park Avenue, Woodburn, OR 97071 (Tax Lot 051 W08CA02800). The dedications will be made during the closing process whereby the subject City-owned property will be conveyed to CUE Limited Partnership. BACKGROUND: As a condition of approval of Design Review (DR 2017-08), the property owner is required to provide a 3-foot wide right-of-way dedication and a 5-foot wide public utility easement in order to comply with the cross-sectional street requirements of the Woodburn Transportation System Plan. CUE Limited Partnership anticipates closing on the purchase of this City-owned property in August 2018, with construction to begin shortly thereafter. DISCUSSION: The 3-foot wide Right-of-Way dedication is located along the western boundary of the property, adjacent to Park Avenue. The 5-foot wide Public Utility Easement is located along both the western boundary of the property, adjacent to Park Avenue and the southern boundary, adjacent to Alexandra Avenue. The dedications provide a permanent Right-of-Way and permanent easement to construct, reconstruct, and operate public and franchised utilities. Agenda Item Review: City Administrator_x City Attorney_x_ Finance_x- 63 Mayor and City Council June 25, 2018 Page 2 FINANCIAL IMPACT: There is no cost to the City for the Right-of-Way Dedication and Public Utility Easement. ATTACHMENTS A Copy of the preliminary Statutory Warranty Deed and preliminary Public Utility Easement documents are included in Exhibit "A" and Exhibit "B" for each dedication. 64 After Recording Return to: City Recorder City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Send Tax Statements to: City Recorder City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 STATUTORY WARRANTY DEED CUE Limited Partnership, Grantor, conveys and warrants to CITY OF WOODBURN, a municipal corporation of the State of Oregon, Grantee, the following described real property free of encumbrances except as specifically set forth herein: Legal Description: See Exhibit A attached hereto and depicted on Exhibit B attached hereto. The true and whole consideration for this conveyance is $ 0,00 BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Dated this day of 12018. Pagel of 4 65 GRANTOR: CUE LIMITED PARTNERSHIP, an Oregon limited partnership By: CUE GP LLC, an Oregon limited liability company Its: General Partner By: Farmworker Housing Development Corporation, an Oregon nonprofit public benefit corporation Its: Manager By: Printed Name: Title: STATE OF OREGON ) ss County of Marion ) This instrument was acknowledged before me on , 2018,by By: Notary Public for Oregon My Commission Expires: Page 2 of 4 66 EXHIBIT "B" RIGHT OF WA Y DEDICATION IN THE SW 114 OF SECTION 8, TSS, R1 W, WM, CITY OF WOODBURN, MARION COUNTY, OREGON DA TE. FEB. 16, 2018 SCALE 1 "=60' PARK VIEW VILLAGE CONDOMINIUMS KEVIN ADDITION LOT 10 LOT 11 L4j S89'44'33"E 405.26' 3.00' TAX LOT 2800 DEED BOOK 514, PAGE 544 0 RECORDED AUG. 11, 1958 Lo Q p O V1 Z CJ 130.00 — 3.00 O L25 3.00, :Llj N89*46'07'W 405.44' oo POINT OF BEGINNING NW CORNER Q) A L EXA NDRA AVE. o (COS LENNERS TRACT VOL. 491, PG. 549 30.02 S89'46 01 r- REGISTEREDFE PROFESSIONAL REGISTERED FE hl�AND §URVEYOR REPPETO & ASSOCIATES, INC. LAND SURVEYORS PLAZA 125, BUILDING G OREGON 12730 SE STARK STREET 0 9 JULY 17, 1986 PORTLAND, OREGON 97233 8 C L EVEN P. !1 ! -1507 REG 1 7 rSTJ JULY P.3 BUCKLES t PHONE (503) 408 1 2231 FILE.• F16034-E.DWG RENEWS: 12/31/19 0 1 EXHIBIT A LEGAL DESCRIPTION RIGHT OF WAY DEDICATION LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF WOODBURN, MARION COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED FROM ALBERT LENNERS AND ANNA LENNERS TO THE CITY OF WOODBURN, RECORDED AUGUST 28, 1965, IN VOL. 491 AND PAGE 549 OF THE DEED RECORDS OF MARION COUNTY, OREGON, SAID CORNER ALSO BEING ON THE CENTERLINE OF PARK AVENUE; THENCE, ALONG THE NORTH LINE OF SAID LENNERS TRACT, SOUTH 89046'07" EAST, 30.02 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SAID PARK AVENUE; THENCE, NORTH 00°15'02" EAST, 60.00 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING AT THE INTERSECTION OF SAID EAST RIGHT OF WAY LINE AND THE NORTH RIGHT OF WAY LINE OF ALEXANDRA AVENUE; THENCE, CONTINUING ALONG SAID EAST RIGHT OF WAY LINE, NORTH 00015'02" EAST, 300.00 FEET TO THE NORTHWEST CORNER OF THAT TRACT OF LAND CONVEYED BY DEED TO THE CITY OF WOODBURN, RECORDED AUGUST 11, 1958 IN BOOK 514, PAGE 544, DEED RECORDS OF MARION COUNTY, SAID POINT ALSO BEING AT THE SOUTHWEST CORNER OF PARK VIEW VILLAGE CONDOMINIUMS, PLAT RECORDS OF MARION COUNTY; THENCE, ALONG THE NORTH LINE OF SAID CITY OF WOODBURN TRACT AND THE SOUTH LINE OF SAID PARK VIEW CONDOMINIUM TRACT; SOUTH 89044'33" EAST, 3.00 FEET; THENCE, SOUTH 00°15'02" WEST, 300.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF ALEXANDRA AVENUE; THENCE, ALONG SAID NORTH RIGHT OF WAY LINE, NORTH 89046'07" WEST, 3.00 FEET TO THE POINT OF BEGINNING. REGISTER FZOFESSIONAL LAND SURVEYOR 0E 1 3 717 Page 3 of 4 68 AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS CUE Limited Partnership, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of-way, including the permanent right to construct, reconstruct, operate, and maintain public utility easement on the following described land: See attached Exhibit 'A"Legal Description of Permanent Easement and attached Exhibit "B"Sketch for Legal Description of Permanent Easement which are by this reference incorporated herein GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. Public Utility Easements (Permanent) Page 1 of 6 69 DATED this day of 2018. CUE LIMITED PARTNERSHIP, an Oregon limited partnership By: CUE GP LLC, an Oregon limited liability company Its: General Partner By: Farmworker Housing Development Corporation, an Oregon nonprofit public benefit corporation Its: Manager By: Printed Name: Title: CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of_) ss. The foregoing instrument was acknowledged before me this day of 2018 by as of Farmworker Housing Development Corporation, the Manager of CUE GP LLC, which is the general partner of CUE Limited Partnership, an Oregon limited partnership, and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. NOTARY PUBLIC FOR OREGON My Commission Expires: Public Utility Easements (Permanent) Page 2 of 6 70 City of Woodburn 270 Montgomery Street Woodburn, OR 97071 (Grantee's Name and Address) Accepted on behalf of the City of Woodburn: City Recorder: Heather Pierson Public Utility Easements (Permanent) Page 3 of 6 71 EXHIBIT "A" Legal Description of Permanent Easement A TRACT OF LAND SITUATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF WOODBURN, MARION COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED FROM ALBERT LENNERS AND ANNA LENNERS TO THE CITY OF WOODBURN, RECORDED AUGUST 28, 1965, IN VOL. 491 AND PAGE 549 OF THE DEED RECORDS OF MARION COUNTY, OREGON, SAID CORNER ALSO BEING ON THE CENTERLINE OF PARK AVENUE; THENCE, ALONG THE NORTH LINE OF SAID LENNERS TRACT, SOUTH 89046'07" EAST, 30.02 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SAID PARK AVENUE; THENCE, ALONG SAID EAST RIGHT OF WAY LINE, NORTH 00°15'02" EAST, 360.00 FEET TO THE NORTHWEST CORNER OF THAT TRACT OF LAND CONVEYED BY DEED TO THE CITY OF WOODBURN, RECORDED AUGUST 11, 1958 IN BOOK 514, PAGE 544, DEED RECORDS OF MARION COUNTY, SAID POINT ALSO BEING AT THE SOUTHWEST CORNER OF PARK VIEW VILLAGE CONDOMINIUMS, PLAT RECORDS OF MARION COUNTY; THENCE, ALONG THE NORTH LINE OF SAID CITY OF WOODBURN TRACT AND THE SOUTH LINE OF SAID PARK VIEW CONDOMINIUM TRACT; SOUTH 89°44'33" EAST, 3.00 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID NORTH LINE, SOUTH 89°44'33" EAST, 5.00 FEET; THENCE, SOUTH 00015'02" WEST, 295.00 FEET; THENCE, SOUTH 89°46'07" EAST, 397.43 FEET TO A POINT ON THE EAST LINE OF SAID CITY OF WOODBURN TRACT; THENCE, ALONG SAID EAST LINE AND THE WEST LINE OF LOT 18, KEVIN ADDITION, PLAT RECORDS OF MARION COUNTY, SOUTH 00013'00" WEST, 5.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF ALEXANDRA AVENUE; THENCE, ALONG SAID NORTH RIGHT OF WAY LINE, NORTH 89046'07" WEST, 402.44 FEET; THENCE, NORTH 00°15'02" EAST, 300.00 FEET TO THE POINT OF BEGINNING. Public Utility Easements (Permanent) Page 4 of 6 72 EXHIBIT "B" PUBLIC UTILITY EASEMENT IN THE SW 1/4 OF SECTION 8, T5S, R1 W, WY, CITY OF WOODBURN, MARION COUNTY, OREGON DATE: APRIL 9, 2018 SCALE 1 "=60' PARK VIEW VILLAGE CONDOMINIUMS KEVIN ADDITION POINT OF BEGINNING , LOT 10 LOT 11 S89 44 33 E 405.26 I 5.00' 1 I W 1 3.00' PROPOSED RIGHT Q OF WAY LINE N� 14. I N la Nd TAX LOT 2800 0 C1 DEED BOOK 514, PAGE 544 a RECORDED AUG. 11, 1958 to PUBLIC UTILITY 130.00 I EASEMENT Z I I---5.0o PUBLIC UTILITY a W I EASEMENT a U +3.00, __ 402.44' S89*46'07 E 397.43 _ _ __ _Lo 5.00' l rr r aN ( — N8946'07"W 405.44' ALEXANDRA A VE. o I NW CORNER a Z LENNERS TRACT VOL. 491, PG. 549 30.02 S89'46'07 E CI REGISTERED PROFESSIONAL LAND SURVEYOR REPPETO & ASSOCIATES, INC. LAND SURVEYORS PLAZA 125, BUILDING G OREGON 12730 SE STARK STREET JULY 17, 1986 PORTLAND, OREGON 97233 STEVEN P. BUCKLES PHONE (503) 408-1507 2231 RENEWS: 12/31/19 FILE. F16034-E.DWG 73 Iii♦ 4 B V' June 25, 2018 TO: Mayor and City Council through City Administrator FROM: James C. Ferraris, Chief of Police SUBJECT: Intergovernmental Agreement for School Resource Officers RECOMMENDATION: That the City Council, by motion, ratify renewal of the agreement with the Woodburn School District for School Resource Officer services. BACKGROUND: On November 15, 1999, the City of Woodburn and the Woodburn School District entered into an Intergovernmental Agreement for the purpose of establishing the duties and responsibilities of a School Resource Officer and established the financial obligation of each agency. In previous years, the City and the school district have renewed the School Resource Officer Intergovernmental Agreement several times with similar terms and conditions as set forth in the original agreement, with the exception of the financial obligation clause. The term of the current agreement will end on June 30, 2018. The Woodburn Police Department and the Woodburn School District both believe that the School Resource Officer Program has proven to be very beneficial and wish to continue the program within the school district. DISCUSSION: This intergovernmental agreement would be effective between July 1 , 2018 and June 30, 2019. It would continue to provide the services of one School Resource Officer at Woodburn High School and one School Resource Officer at the District's two middle schools, maintaining the City's partnership with the school district. The broad spectrum of contacts, interactions, and duties conducted by the two School Resource Officers provide great benefits to both the police department and the school district alike. It is an equitable agreement in that Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x 74 Mayor and City Council June 25, 2018 Page 2 the school district provides funding for part of the officers' time utilized at schools, and the City provides for the remainder of the officers' time. FINANCIAL IMPACT: Over the course of this agreement, the Woodburn School District has agreed to be responsible for $95,000 toward salary and fringe benefits for the two school resource officers. The City of Woodburn will provide $228,000.00 toward salary and fringe benefits for the officers. The City's portion of the funding for this position is identified within the Woodburn Police Department budget for fiscal year 2018-2019. 75 INTERGOVERNMENTAL AGREEMENT This agreement is entered into between the City of Woodburn and Woodburn School District for the purpose of clarifying the duties and responsibilities of School Resource Officers (SRO) to be placed with the District and to define the responsibilities of each of the governmental bodies for the supervision, support, and financial obligation of that position. NOW, THEREFORE, THE PANTIES AGREE AS FOLLOWS: A. CITY'S RESPONSIBILITIES 1. The City will provide two sworn police officers for assignment to School Resource Officer positions during the term of this Agreement. The officers' primary duties will be assignment to any one or more of the Woodburn School District schools d u r i n g the time of year school is in session.The officers may,however,be used for other police duties outside of the school year. The City reserves the right to reassign these officers to other police duties, irrespective of school sessions, when an emergency exists and the officers are required elsewhere. The determination of emergency is at the discretion of the Chief of Police. 2. Over the agreement period, the City will provide $228,000.00 toward salary and fringe benefits of the two School Resource Officers. 3. The City will be mutually involved with School Administrators in the selection o f any officer assigned to this position. 4. The Chief of Police will be solely responsible for the supervision and performance evaluation of the School Resource Officers but the City agrees that the Chief will seek and utilize information provided by school administrative personnel in the performance of those duties and the officers' suitability to continue in that position. After consultation with the Chief of Police,the Superintendent may require the assigned officers be removed from the School Resource Officer positions for reasonsof unsuitability. B. SCHOOL'S RESPONSIBILITIES 1. Over the agreement period, the School will provide $95,000 toward salary and fringe benefits of the School Resource Officers. 2. The school agrees to make the SRO's part of the school's staff in regard to providing appropriate in-service training, inclusion in general staff activities, and the provision of facility office space for the officers to work from. 3. The school will review and approve any curriculum to be presented to students, staff, or parents by the officers. 4. The school agrees to assist the Chief of Police in establishing annual goals for the School Resource Officer positions. Page 1-Agreement/School Resource Officer 76 C. SCHOOL RESOURCE OFFICER'S DUTIES The following list of duties is not intended to be all-inclusive but to describe the principal activities in which the officers may be involved. These activities will not be performed each daybutastheneeddictates . 1. Be physically available at appropriate times for personal interaction with youth at school including informal talking with students, staff, or parents during breaks, lunch, and before and after school activities. 2. Identify youths at risk of becoming delinquent through referrals to the School Resource Officer from school personnel, student advisors, parents, and via interaction with students themselves. 3. Assist in the diversion of youths identified as at risk of becoming delinquent from entry into the juvenile justice system through crisis intervention and referral to other resources and outside agencies. 4. Provide prevention education on vandalism, shoplifting, substance abuse, child and sexual abuse, and issues of personal safety. 5. Perform as a resource center for youth needing referrals to the appropriate government or private service agency. 6. Perform as an information source for District personnel on issues or criminal trends involving youth. 7. Participate and support youth organizations designed to promote responsible behavior (i.e., Natural Helpers, Oregon Student Safety on the Move, Oregon Teen Leadership Institute, etc.). 8. Take appropriate corrective enforcement or referral action in the schools on behavior coming to the officer's attention which is criminal. 9. Promote a positive attitude of youth toward community, school, and local government, including police. 10. Develop and teach classes relevant to youth and crime issues (street law) which are germane to this community. 11. Develop and teach classes regarding civic competence, rights and obligations of youth according to law, rights and responsibilities of citizenship, and the role of citizenship in society. 12. Develop and provide programs which produce peer conflict mediation. Page 2-Agreement/School Resource Officer 77 13. Maintain records of calls for service provided to the school by the officer and the number of hours worked during the year relative to school issues. D. DESCRIPTION OF PARTNER ROLES AND RESPONSIBILITIES Each party agrees SRO's will not respond to or be responsible for requests to resolve routine discipline problems involving students. The administration of student discipline, including student code of conduct violations and student misbehavior, is the responsibility of school administrators, unless the violation or misbehavior involves criminal activity. E. INFORMATION SHARING The Woodburn School District (WSD)has given rights to Woodburn Police Department (WPD) officers serving as SRO's to view educational records for all students in the district as per Woodburn School District Policy JO/IGBAB (AR). WSD considers the SRO position as one of school official and as a contractor who assists in performing necessary institutional services on behalf of the school district and therefore with legitimate educational interest. As per policy, all district staff with rights to view educational records, including SRO's will abide by said policy and receive appropriate training and guidance in collaboration with WSD and WPD. The Woodburn Police Department agrees to share information with WSD officials having a need to know such information so long as sharing of said information is allowed by state or federal law and the Woodburn Police Department. F. MODIFICATION OF AGREEMENT Each party to this agreement will annually review the conditions of the agreement to determine if it is being properly administered, complied with, and to determine its sufficiency to meet program needs. Any modification of the terns of this Agreement shall be executed in writing with the mutual consent of both parties. G. TERM OF AGREEMENT The term of this Agreement shall commence July 1, 2018 and continue through June 30, 2019. This Agreement may be terminated prior to that date by mutual consent of both parties or by one party notifying the other of their intent to discontinue participation no later than 180 days prior to the end of the fiscal year. Page 3- Agreement/School Resource Officer 78 H. LEGAL CONTINGENCIES For the purpose of coverage under the Oregon Tort Claims Act against any losses, damages or liabilities arising out of the services and activities of any Woodburn Police personnel assigned to the School. District Lander the provisions of this agreement: 1. Each party shall protect their own employee with Worker's Compensation insurance which meets the requirements of Oregon law; 2. Each party shall maintain in full force and effect adequate public liability and property damage insurance or self-insurance to cover any claims which may arise by virtue of their actions; 3. Each party assumes sole responsibility for the torts of its own personnel and agrees, to the extent legally possible, to hold each other party to this agreement harmless from liability arising from the acts or omissions of personnel affiliated with such party. 1. RENEWAL OF AGREEMENT The parties may renew this Agreement on the same teams and conditions as contained herein by executing a mutual written renewal agreement before the end of the term of this Agreement. Approved as to fore: City Attorney Date Approved as to form: Date City of Woo turn Woodbur School District 103 Scott C. Derickson Cfll'iministrator Chuck Ransom, Superintendent Date: r"W'° Date: 0111, 9 Page 4- Agreement/School Resource Officer 79 Iii♦ 4 B V' June 25, 2018 TO: Mayor and City Council through City Administrator FROM: James C. Ferraris, Chief of Police SUBJECT: Redflex Contract Extension Amendment RECOMMENDATION: It is recommended the City Council authorize the City Administrator to sign the attached Fourth Extension of the Agreement with Redflex Traffic Systems, Inc. to provide Red Light Photo Enforcement Services. BACKGROUND: In 2010, the City entered into an Agreement with Redflex Traffic Systems, Inc. to provide Red Light Photo Enforcement Services. The initial terms of the Agreement expired on June 30, 2015. Under the terms and conditions of the Original Agreement, the City had, and continues to have the option to elect to extend the contract for up to seven (7) additional one (1 ) year periods. Since 2015, there have been 3 extensions authorized by the City Council. The current extension will expire June 30, 2018. The City has (4) 1-year extensions available. The City has the legal right to renew the Agreement for another one (1 ) year period at its discretion, and Staff believes that it is in the City's interest to exercise this option. DISCUSSION: Red Light Photo Enforcement Services currently include the maintenance of, and violation processing for equipment and program services located at the intersection of State Hwy. 99E and State Hwy. 211/Mt. Hood Ave. The City and Redflex have enjoyed a professional working relationship and Redflex has provided exceptional service. Redflex has already agreed to the proposed extension of the Agreement. Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x_ 80 Mayor and City Council June 25, 2018 Page 2 FINANCIAL IMPACT: Contract terms remain unchanged and Redflex receives a portion of fines collected from violations captured by the system. There is no direct cost to the City Budget. 81 FOURTH EXTENSION OF THE AGREEMENT WITH REDFLEX TRAFFIC SYSTEMS, INC. TO PROVIDE RED LIGHT PHOTO ENFORCEMENT SERVICES TO THE CITY OF WOODBURN, OREGON THIS FOURTH AMENDMENT to the Agreement with Redflex Traffic Systems, Inc. to provide Red Light Photo Enforcement Services to the City of Woodburn, Oregon is entered into this 1 st day of July, 2018 (the "Effective Date") by and between the City of Woodburn, Oregon (the "City"), and Redflex Traffic Systems, Inc. ("Redflex") (collectively referred to as the "Parties") A. In 2010 the Parties entered into an Agreement (the "Original Agreement") with Redflex Traffic Systems, Inc. to provide Red Light Photo Enforcement Services to the City of Woodburn, Oregon; and B. The Initial Term of the Original Agreement expired on June 30, 2015. Under the Original Agreement, the City had the option to elect to extend the contract for up to seven (7) additional one (1 ) year periods. Since 2015, there have been 3 extensions authorized by the City Council. The current extension will expire June 30, 2018. The city currently has (4) 1-year extensions available. C. The City has the right to renew the Agreement for an additional one (1 ) year period at its discretion; and D. The City has determined that it is in the City's interest to exercise its renewal option; NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein: 1 . Pursuant to Article II, Section 2, the City exercises its option to extend the Agreement for an additional one (1 ) year period until June 30, 2019. 2. Except as expressly amended in this Fourth Amendment, the terms and conditions of the Original Agreement shall remain in full force and effect. To the extent that this Fourth Amendment conflicts with the terms and conditions of the Original Agreement, this Fourth Amendment shall control. CITY OF WOODBURN: REDFLEX TRAFFIC SYSTEMS, INC.: By: By: Scott Derickson, City Administrator Michael Finn, President and CEO FOURTH EXTENSION OF REDFLEX AGREEMENT 82 Iii♦ 4 B V' June 25, 2018 TO: Honorable Mayor and City Council through City Administrator FROM: Eric Liljequist, Public Works Director SUBJECT: Alternate Rate Calculation for Sanitary Sewer System Development Charges (SDCs) submitted by Food Services of America RECOMMENDATION: By motion, approve the alternate rate calculation of sanitary sewer SDC fees pursuant to Ordinance No. 2070 submitted by Food Services of America. BACKGROUND: Food Services of America (FSA) applied for a Public Works right-of-way permit for the installation of public waterlines that are required in order to provide FSA with the domestic water meter they requested. FSA was subsequently assessed a water and sanitary sewer SDC fee for the additional water service connection. FSA paid for the water portion of their systems development charges in accordance with City of Woodburn Ordinance No. 2070 and Resolution No. 1658 and was based on a volume of 5,000 gallons per day. FSA did not pay the assessed sanitary sewer SDC fee due to their stipulated operational processes that cause no additional impact to the City's sanitary sewer system. City of Woodburn Ordinance No. 2070 allows an applicant to submit an alternative rate calculation when they believe the impact on City's sanitary sewer system is less than the fee established by Resolution No. 1321 . DISCUSSION: FSA submitted a letter outlining the actual impact to the sanitary sewer system based on FSA operational processes. The analysis was done in conformance with the information and assumptions stated in Ordinance No. 2070. The analysis explains that their on-site well provides the current 5,000 gallons per day of water volume needed to provide all of their domestic water needs. The analysis additionally describes that the new City water service will replace the identical domestic water volume of 5000 gallon per day that the well had provided. Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x- 83 Honorable Mayor and City Council June 25, 2018 Page 2 Therefore, there will be no additional sanitary sewer flow to the City's sanitary sewer system. The revised alternative rate assessment submitted by FSA, and concurred by City staff, is $0.00. This is $85,000 less than the amount required by Resolution No. 1321 , and is justified since no additional impact will occur to the City's sewer system. In accordance with Resolution No. 1100, the City shall assess an additional systems development charge if the demand placed on the sanitary sewer system or water system is more than the initial estimated amount for which system development charges were paid. The additional charge shall be for the increased demand or for the demand above the underestimate. The City will monitor both the domestic City water flow and sanitary sewer flows over the next twelve months and evaluate the need to collect additional system development charges. FINANCIAL IMPACT: There is no financial impact to the City. 84