January 14, 2019 City Council Meeting Agenda EIC SWENSON,MAYOR
CITY OF WOODBURN JUAN SERRAT SR COUNCILOR WARD I
LISA ELLSWORTH,COUNCILOR WARD II
CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III
SHARON SCHAUB,COUNCILOR WARD IV
MARY BETH CORNWELL,COUNCILOR WARD V
JANUARY 14, 2019- 7.00 P.M. ERIC MORRIS,COUNCILOR WARD VI
WOODBURN POLICE DEPARTMENT COMMUNITY ROOM- 1060 MT. HOOD AVE
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. City Hall and the Library will be closed on January 21 for Martin Luther
King Jr. Day. The Aquatic Center and Transit will be open.
Appointments:
None.
4. COMMUNITY/GOVERNMENT ORGANIZATIONS
None.
5. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
A. Accela E-Permitting Demonstration
B. Hardcastle Ave Realignment at Railroad Crossing Project Update 1
6. COMMUNICATIONS
None.
7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council
consideration not already scheduled on the agenda. Comment time will be
limited to 3 minutes.
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.**
January 14, 2019 Council Agenda Page i
8. CONSENT AGENDA - Items listed on the consent agenda are considered routine
and may be adopted by one motion. Any item may be removed for discussion
at the request of a Council member.
A. Woodburn City Council minutes of December 10, 2018 3
Recommended Action: Approve the minutes.
B. Woodburn Planning Commission minutes of November 8, 2018 7
Recommended Action: Accept the minutes.
C. Crime Statistics through November 2018 10
Recommended Action: Receive the report.
D. Building Activity for December 2018 15
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 will be limited to
3 minutes.
A. Council Bill No. 3085 - An Ordinance Repealing Ordinances 2048 16
and 2049 as Part of the Ordinance Review/Revision Project and
Declaring an Emergency
Recommended Action: Adopt the ordinance repealing Ordinances
2048 (Prostitution Procurement Activities) and Ordinance 2049
(Loitering to Solicit Prostitution) because these ordinances are no
longer functional. (Criminal prostitution cases are now prosecuted by
the Marion County District Attorney's Office pursuant to state law)
B. Utility Assistance Program - Additional Funding 34
Recommended Action: Authorize the distribution of an additional
$5,000 to Love INC of North Marion County (Love INC) for the
continued administration of the City's utility assistance program.
C. Planning of the City Council Goal Setting Retreat
Recommended Action: The Mayor will facilitate City Council
discussion on dates for the City Council's Goal Setting retreat.
January 14, 2019 Council Agenda Page ii
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. EXECUTIVE SESSION
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).
16. ADJOURNMENT
January 14, 2019 Council Agenda Page iii
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January 14, 2019
TO: Honorable Mayor and City Council
FROM: Eric Liljequist, Public Works Director
SUBJECT: Hardcastle Ave Realignment at Railroad Crossing Project Update
RECOMMENDATION:
Receive the Hardcastle Ave Realignment at Railroad Crossing Project Update
from the Public Works Director.
BACKGROUND:
One of the most significant capital projects the City is working on this year is the
Hardcastle Ave Realignment at Railroad Crossing Project. The project is focused
on improving the safety of the intersection and will include shifting the intersection
to the north, allowing wider turning areas for trucks and to match the existing
grade with N. Front St. The project will include a wider street section with curbs
and sidewalks on both sides up to and around Commerce Way, new railroad
crossing signal system and concrete grade crossing panels.
DISCUSSION:
The design process is well underway, however, we are running into higher than
anticipated project costs. Based on the latest construction cost estimates for the
following total project costs can now be better quantified:
• Construction Estimate (including Easement Costs) based on 95% Design
Documents = $1 ,831 ,000 (Includes a 10% Construction Contingency Cost)
• Estimated Total Engineering Costs (Including estimated Consulting and City
Construction Management Costs) _ $300,000
Therefore, the total estimated project cost has grown to $2,131 ,000 (City
contribution becomes $1,931,000 after subtracting guaranteed $200,000 grant
from ODOT Rail).
The early on total project estimate was $1 ,200,000. Below are some of the reasons
Agenda Item Review: City Administrator_X_ City Attorney_X_ Finance—X-
1
Honorable Mayor and City Council
January 14, 2019
Page 2
why the design and construction costs for the project increased:
1 . The realignment required a much wider crossing due to the size of truck and
the narrowness of Front Ave.
2. Due to the UPRR limitation on the length of gate, 4 gates were required.
3. The Federal Railroad Administration (FRA) updated their requirements in the
middle of the project limiting the variation of grade from the top of rail to
the roadway. This required additional survey and street work as it raised the
road significantly. This requirement also greatly extended the re-
construction of Front street including the roadway, parking strip and
sidewalk.
4. The existing crossing was in a low spot for the rail profile and required raising
to meet current railroad standards.
5. UPRR's costs were much higher than anticipated, partly due to the
widened roadway, RR crossing panels, and additional easement costs.
6. Escalation of overall Construction Costs
During the 2019-2020 Budget process, we plan to increase the Total Project Costs
for this project to $2,200,000 to provide a small factor of safety (actual project
construction costs may be higher than estimated costs).
We intend to utilize an additional $500,000 from the Street SDC Fund (376) and
$500,000 from the Street Fund (140). Proceeds from the $200,000 grant will likely
be distributed equally to Street SDC Fund and the Street Fund.
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COUNCIL MEETING MINUTES
DECEMBER 10, 2018
0:00 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, DECEMBER 10, 2018
CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor Figley Present
Councilor Carney Present
Councilor Lonergan Present
Councilor Schaub Present
Councilor Morris Present
Councilor Ellsworth Present
Councilor Serratos Present
Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City
Administrator Row, Public Works Director Liljequist, Finance Directory Montoya, Police
Chief Ferraris, Communications Coordinator Moore, Community Relations Manager
Gutierrez-Gomez, City Recorder Pierson
OATH OF OFFICE AND ELECTION
City Recorder Pierson administered the Oath of Office to Councilor Robert Carney (Ward
III), Councilor Sharon Schaub (Ward IV), Councilor Mary Beth Cornwell (Ward V) and
Mayor Eric Swenson.
Mayor Swenson announced that the vote for Council President would be by ballot. Councilors
Carney, Morris and Ellsworth all stated that they would be willing to serve as Council
President. Ballot forms were distributed to the Council to vote. City Recorder Pierson read
the ballots aloud and Councilor Carney was elected Council President.
OUTGOING CITY COUNCILOR AND MAYOR PRESENTATION
Mayor Swenson thanked Mayor Figley and Councilor Lonergan for the work they have done
for the City of Woodburn. He mentioned that Woodburn Proud will be hosting a dinner and
dance to celebrate the leadership of Mayor Kathy Figley and Councilor Frank Lonergan.
Sean O'Day, Executive Director of the Mid-Willamette Valley Council of Governments,
thanked Mayor Figley for her service on the Mid-Willamette Valley Council of Governments
Board.
WOODBURN BULLDOGS SOCCER TEAM RECOGNITION
The Mayor and City Councilors recognized the Woodburn Bulldogs Boys Soccer Team for
their State Championship win and presented them with a key to the City.
Mayor Swenson called for a 15-minute recess.
ANNOUNCEMENTS
Page 1 - Council Meeting Minutes, December 10, 2018
3
COUNCIL MEETING MINUTES
DECEMBER 10, 2018
The City Council meeting scheduled for December 24 has been cancelled. The next City
Council meeting will be January 14, 2019, at 7:00 p.m. and will take place at the
Woodburn Police Department Community Room.
Holiday Closures:
Christmas:
City Hall will be closed December 24 and will remain closed until December 28. City
Hall will reopen at its temporary location at 970 N. Cascade Drive on December 31.
The Library and Transit Services will be closed December 25.
The Aquatic Center will be closed December 24 & 25.
New Year: City Hall, the Library and Transit Services will be closed January 1. The
Aquatic Center will be open.
APPOINTMENTS:
Mayor Swenson proposed the following reappointments:
Planning Commission:
— Merri Berlin - Position 6
Woodburn Recreation and Parks Board:
— Ricardo Vazquez Rodriguez -Position I
Budget Committee:
— Elida Sifuentez
— John Reinhardt
Public Art Mural Committee:
— Sharon Schaub
Ellsworth/Morris ...approve the appointments. The motion passed unanimously.
PRESENTATIONS
Auditor's Report— City Administrator Derickson stated that there will be two audit reports
presented tonight, one for the City and one for the Urban Renewal Agency. He noted that
though they are not meeting as the Urban Renewal Agency the City Council has the legal
authority to act as the Urban Renewal Agency. Chuck Swank representing Grove, Mueller&
Swank, P.C., informed the Council that the audits are complete and the City received an
unmodified opinion.
CONSENT AGENDA
A. Woodburn City Council minutes of November 13, 2018,
B. Woodburn Planning Commission minutes of September 27, 2018,
C. Woodburn Planning Commission minutes of October 11, 2018,
D. Certified Election Results —November 6, 2018, General Election,
E. Administrative Order 2018-02—Digital Imaging Policy,
F. Crime Statistics through October 2018,
G. Building Activity for November 2018.
Ellsworth/Schaub... adopt the Consent Agenda. The motion passed unanimously.
Page 2 - Council Meeting Minutes, December 10, 2018
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COUNCIL MEETING MINUTES
DECEMBER 10, 2018
AWARD A CONTRACT FOR THE UNDERGROUND FUEL TANK REMOVAL
SERVICES AT 173 GRANT STREET TO PACIFIC NORTHERN
ENVIRONMENTAL COMPANY, DBA, COWLITZ CLEAN SWEEP
City Administrator Derickson provided a staff report. Councilor Ellsworth and Councilor
Morris expressed concern about the property owner not helping pay for the removal of the
tanks. Carney/Schaub ...acting in its capacity as the Local Contract Review Board, award a
Contract for the Underground Fuel Tank Removal Services at 173 Grant Street to Pacific
Northern Environmental Company, dba, Cowlitz Clean Sweep for $27,785.00. The motion
passed unanimously.
APPOINTMENT OF CITY COUNCILOR TO THE PUBLIC ART COMMITTEE
Councilor Cornwell stated that she would be interested in being on the committee.
Ellsworth/Schaub...appoint Councilor Cornwell to the Public Art Mural Committee. The
motion passed unanimously.
CALL-UP BRIEFING: PLANNING COMMISSION APPROVAL OF DESIGN
REVIEW, PARTITION, AND VARIANCE APPLICATIONS FOR OREGON STATE
CREDIT UNION AT 1550 MT. HOOD AVE (DR 2018-04, PAR 2018-01, &VAR 2018-
02
The City Council declined to call this item up.
CITY ADMINISTRATOR'S REPORT
City Administrator Derickson had nothing to report.
MAYOR AND COUNCIL REPORTS
Councilor Morris thanked the Council for allowing him to be gone and that it is good to be
back.
Councilor Schaub stated that she is pleased to be back on the Council and thanked everyone
who voted for her. She also thanked the City Administrator and his staff for all their work
and Finance Director Montoya and her staff for their work on the financial report. She wished
everyone a Merry Christmas and a Happy New Year.
Councilor Ellsworth welcomed the new mayor and councilor and that she looks forward to
working with them. She added that Woodburn has many great things going for it.
Councilor Serratos stated that it feels good to be back and looks forward to working with the
new appointments.
Councilor Carney stated we have an excellent financial team. He welcomed the new mayor
and city councilor and wished everyone a happy holiday.
Councilor Cornwell stated she is happy to be here and that she would like to make a difference
Page 3 - Council Meeting Minutes, December 10, 2018
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COUNCIL MEETING MINUTES
DECEMBER 10, 2018
for her ward and the City as a whole.
Mayor Swenson asked Councilors to keep January 19 and February 8 open for a banquet
celebrating Kathy Figley and Frank Lonergan. He added that Woodburn Proud would be
sponsoring this event. He also asked them to keep the first or second Saturday in March open
for a retreat. Mayor Swenson announced that on December 12 at noon there would be a brief
memorial in remembrance of the 101h anniversary of the bombing. He added that he is pleased
to serve the City.
ADJOURNMENT
Morris/Ellsworth... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:07 p.m.
APPROVED
ERIC SWENSON, MAYOR
ATTEST
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 4 - Council Meeting Minutes, December 10, 2018
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WOODBURN PLANNING COMMISSION PUBLIC
HEARING/MEETING MINUTES
November 8, 2018
CONVENED: The Planning Commission met in a public meeting session at
7 p.m. in the City Hall Council Chambers, with Chair Charlie Piper
presiding.
ROLL CALL:
Chair Piper Present
Vice-Chair Bandelow Present
Commissioner Aiken Present
Commissioner Corning, Present
Commissioner Dos Reis Absent
Commissioner Lassen Absent
Commissioner Berlin Present
Staff Present: Chris Kerr, Community Development Director
McKenzie Granum, Assistant City Attorney
Colin Cortes, Senior Planner
Introduction
Chair Piper opened the workshop/meeting at 7 pm, and led the Commissioners
in the flag salute.
Minutes
The Sept 27, 2018 and October 11, 2018 minutes were approved as corrected.
Business from the Audience
None
Communication
None
Public Hearing:
Oregon State Credit Union - 1550 Mt Hood Ave (DR 2018-04; PAR 2018-01;
VAR 2018-02) - Proposal by Oregon State Credit Union to build a credit union
branch of approximately 3,577 square feet cater-cornered to the dead-end of Mt.
Jefferson Avenue, which extends northwest from N. Pacific Highway / U.S. 99E.
The credit union and related improvements, including a drive-through, are sited
on disturbed, but undeveloped, land between the Wheeler Dealer building to the
southeast and the Coastal Farm & Ranch building to the northwest.
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7
Ex-parte Contact: Commissioner Bandelow drove by the site. There were no
challenges to this declaration.
Senior Planner Colin Cortes gave the staff report.
Applicant Testimony:
Gary Day, Benchmark Architectural Services, 2897 Firwood Place SE, Albany,
OR, architect of record for the project, spoke in favor of the proposal,
representing the owner, Oregon State Credit Union. This is proposed to be a
permanent branch credit union location. He is in agreement with the findings of
the staff report and is amenable to the recommended conditions of approval. Mr.
Day noted that the proposed variance states the maximum lighting levels of
exterior lighting, but pointed out that the lighting condition in the drive-through
lane canopy area is not a stipulated lighting area.
Mr Day also said that Coastal Farms has agreed by letter to Condition D1.
There was no testimony by proponents or opponents of the project.
Commission Discussion:
Commissioner Berlin was concerned about the amount of traffic coming out of
various driveways along Jefferson Street.
Chair Piper said Jefferson Street was designed to handle the traffic and that most
traffic would circle around to the light.
Vice-Chair Bandelow felt that traffic would not be significantly increased because
of the proposed credit union.
The Chair entertained a motion to approve DR 2018-04, PAR 2018-01; VAR
2018-02, subject to conditions placed by staff, and allowing the Chair to sign the
Final Order. Commissioner Corning made a motion to approve and Vice-Chair
Bandelow seconded the motion. The motion carried unanimously.
Business from the Commission
None
Staff Updates
Director Chris Kerr introduced the latest Planning Commission member, Merri
Berlin and welcomed her to the Commission.
The Smith Creek project had their formal City Council public hearing. After a fair
amount of testimony and discussion, the Council made the tentative decision to
approve the application and directed staff to draft a final ordinance and findings.
This will be submitted next Tuesday, Nov. 19, 2018. City Council made two
changes: (1) to remove the Condition T-A4 requiring the removal of the Hayes St
stop signs and (2) add Note to the Applicant 4b as part of the Final Order
2
8
ensuring that the address numbering along the alleys is visible and vetted with all
appropriate agencies.
Director Kerr plans to hold a joint training session with both the City Council and
the Planning Commission in Jan-Feb, 2019. Chair Piper requested further input
on system development charges (SDCs).
City Hall is being completely renovated over an approximate six-month period.
Staff will temporarily relocate to a building on Cascade Drive and 214. The City
Hall building itself will be closed. Starting in January, the Planning Commission
will begin holding their meetings at the police station.
The Salem Medical Center office building site is beginning to move forward. The
temporary modular currently housing the Salem Medical Center is proposed to
become a permanent structure, though approved conditions will make that
difficult to achieve.
Pizza Hut is being demolished and a smaller Pizza Hut is being built.
The WDO has been updated and copies of the latest version given to the
Commissioners.
The next Planning Commission is anticipated to be held on December 13 to
discuss two legislative issues and the Public Facilities plan.
Director Kerr will be addressing further WDO amendments and other legislative
issues, as well as working with ongoing phases of the Transportation System
Plan (TSP). Ultimately, the Planning Commission will be required to submit a
formal recommendation regarding the TSP to City Council.
Adjournment
The meeting wasdj u d at 7:53 pm.
APPROVED 07 1 N �L
Charli i e , hair Date
ATTEST
'eKris Kerr Date
Community Development Director
City of Woodburn, Oregon
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9
12/18/2018 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
2018 Year to Date
CHARGE DESCRIPTION Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Total
AGGRAVATED ASSAULT 2 2 6 7 3 6 6 2 0 0 4 38
ANIMAL CRUELTY 0 0 0 0 0 0 1 0 0 0 0 1
ANIMAL ORDINANCES 4 2 3 0 3 4 0 6 1 4 0 27
ARSON 0 0 0 2 0 0 0 0 1 0 0 3
ASSAULT SIMPLE 4 4 15 10 11 4 18 13 8 8 6 101
ATTEMPTED MURDER 0 0 0 0 0 0 0 1 0 0 0 1
BURGLARY- BUSINESS 0 0 0 0 0 0 1 1 0 0 0 2
BURGLARY-OTHER STRUCTURE 0 3 0 0 0 0 1 0 0 0 0
BURGLARY- RESIDENCE 2 0 1 0 0 0 2 1 2 01 0 8
CHILD NEGLECT 0 0 0 0 0 0 0 0 0 1 1 2
CITY ORDINANCE 0 0 0 0 1 0 0 0 0 0 0 1
CRIME DAMAGE-NO VANDALISM OR ARSON 5 0 1 2 6 1 1 3 3 1 1 2
CRIMINAL MISTREATMENT 0 0 0 0 0 0 0 0 1 0 0 1
CURFEW 0 0 0 0 0 1 1 8 0 4 3 17
CUSTODY- MENTAL 4 2 8 5 9 4 6 11 8 5 4 66
CUSTODY- PROTECITVE 0 0 0 0 0 2 0 0 0 0 0 2
DISORDERLY CONDUCT 3 8 18 5 7 0 8 6 5 10 3 73
DRIVING UNDER INFLUENCE 11 4 8 9 7 8 7 6 8 7 9 8
DRUG LAW VIOLATIONS 10 10 7 2 5 51 4 6 2 7 4 62
DWS/REVOKED -FELONY 1 0 0 0 0 0 0 0 0 0 0 1
DWS/REVOKED-MISDEMEANOR 1 4 0 0 3 0 1 1 2 1 1 1
ELUDE 1 0 1 0 0 0 0 0 1 0 1
EM BEZZLEM ENT 0 0 0 0 0 0 0 0 1 0 0 1
ESCAPE FROM YOUR CUSTODY 0 0 0 0 1 0 0 0 0 0 0 1
EXPLOSIVES 0 0 1 0 0 0 0 0 0 0 0 1
FAIL TO DISPLAY OPERATORS LICENSE 0 0 0 0 1 0 0 0 1 0 0 2
FAILURE TO REGISTER AS SEX OFFENDER 1 0 0 0 0 1 1 0 0 0 0 3
FORCIBLE RAPE 1 0 0 0 0 0 0 0 0 0 01 1
FORGERY/COUNTERFEITING 0 0 0 1 2 3 3 1 1 2 3 16
FRAUD - BY DECEPTION/FALSE PRETENSES 0 0 0 0 0 0 0 0 2 0 2
FRAUD -OF SERVICES/FALSE PRETENSES 1 0 0 0 0 0 0 1 0 0 0 2
FUGITIVE ARREST FOR ANOTHER AGENCY 52 25 16 38 38 24 35 32 43 44 21 368
FURNISHING 0 0 0 0 1 0 0 0 0 0 0 1
HIT AND RUN FELONY 0 0 2 0 0 0 0 0 1 0 0 3
HIT AND RUN-MISDEMEANOR 4 1 1 1 4 3 3 3 5 2 7 3
IDENTITY THEFT 0 0 1 0 0 0 1 0 0 0 0 2
INTIMIDATION /OTHER CRIMINAL THREAT 5 4 4 8 3 1 11 6 2 1 0 4
INVASION OF PERSONAL PRIVACY 0 0 1 0 0 0 0 0 0 0 0 1
KIDNAP -FOR ADDITIONAL CRIMINAL PURPOSE 1 0 0 0 0 0 1 0 0 0 0 2
MINOR IN POSSESSION 5 4 0 2 4 4 1 6 0 5 1 32
MINOR IN POSSESSION -TOBACCO 0 0 0 0 0 1 0 0 0 0 0 1
MOTOR VEHICLE THEFT 1 1 2 1 1 1 2 0 2 0 0 11
NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 1 0 0 0 0 0 0 1
OTHER 7 2 4 3 1 2 4 4 5 3 4 39
RECKLESS DRIVING 1 0 2 3 2 2 1 3 3 4 4 2
RECKLESSLY ENDANDERING 5 0 0 2 3 1 6 3 3 0 3 26
RESTRAINING ORDER VIOLATION 2 1 2 0 0 1 0 1 0 2 0 9
ROBBERY- BUSINESS 1 1 1 0 3 0 0 0 1 0 0 7
ROBBERY- HIGHWAY 0 0 0 2 0 0 0 0 0 0 0 2
ROBBERY-OTHER 0 0 0 1 0 0 0 0 1 0 1 3
RUNAWAY 0 0 1 1 1 0 0 0 0 0 2
EX CRIME -CONTRIBUTE TO SEX DELINQUENCY 0 1 0 0 0 0 0 0 0 0 0 1
EX CRIME -EXPOSER 1 0 0 0 0 0 1 0 0 0 0 2
EX CRIME -FORCIBLE SODOMY 1 0 0 0 0 0 1 0 01 01 01 2
Page 1 of 2
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12/18/2018 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
2018 Year to Date
an Feb Mar Apr May Jun Jul Aug Sep Oct Nov Total
EX CRIME -MOLEST(PHYSICAL) 0 0 1 0 0 0 0 0 1 0 0 2
EX CRIME -NON FORCE SODOMY 0 0 1 0 0 0 0 0 0 0 0 1
EX CRIME -NON-FORCE RAPE 0 1 1 0 0 0 0 0 0 0 0 2
EX CRIME -OTHER 0 1 0 0 0 0 0 0 0 0 0 1
EX CRIME -PORNOGRAPHY/OBSCENE MATERIAL 0 0 2 1 0 0 0 0 0 0 0 3
TALKER 1 1 0 0 0 0 0 0 0 0 1 3
TOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 0 1 0 0 1 0 0 0 1 0 0 3
HEFT- BICYCLE 1 0 0 0 0 0 0 0 0 0 0 1
HEFT- BUILDING 1 0 0 0 0 2 2 0 0 1 1 7
HEFT- FROM MOTOR VEHICLE 2 0 1 0 2 0 2 0 0 0 1 8
HEFT-OTHER 3 2 3 2 2 1 2 2 1 2 2 22
HEFT-SHOPLIFT 6 6 8 3 4 6 4 9 8 4 4 62
RAFFIC VIOLATIONS 21 7 7 9 8 5 10 6 8 8 3 92
RESPASS 9 4 6 9 2 2 0 0 7 4 2 4
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 2 0 1 1 2 1 1 0 0 2 1 11
VANDALISM 0 7 0 2 2 3 6 6 1 3 0 30
VEHICLE RECOVERD FOR OTHER AGENCY 0 0 0 0 0 2 0 0 0 0 0 2
EAPON -CARRY CONCEALED 0 0 0 0 0 0 0 0 0 1 0 1
WEAPON -EX FELON IN POSSESSION 2 1 0 0 0 0 1 2 1 0 1 8
EAPON -POSSESS ILLEGAL 2 1 1 41 31 01 61 41 3 0 0 2
EAPON -SHOOTING IN PROHIBITED AREA 01 01 01 01 01 01 01 11 0 01 01 1
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Total
2018 Total 187 111 138 136 147 101 162 155 144 136 1011,518
2017 Total 135 169 176 166 164 143 152 155 138 111 141 1650
2016 Total 143 109 143 149 156 137 157 198 192 150 159 1693
Arrests/Year
1800
1600
100
12200
H
1000
800
Q
600
FEW
400
200
0
2016 2017 2018
Year
Page 2 of 2
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12/18/2018 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
2018 Year to Date
CHARGE DESCRIPTION Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Total
AGGRAVATED ASSAULT 1 2 9 9 6 6 8 5 2 6 6 60
ANIMAL CRUELTY 0 0 0 0 0 1 1 1 0 1 2 6
ANIMAL ORDINANCES 2 1 2 0 2 4 1 2 1 3 0 18
ARSON 1 0 0 0 0 0 1 1 3 0 0 6
ASSAULT SIMPLE 9 14 15 13 9 7 24 181 121 12 7 140
ATTEMPTED MURDER 0 0 0 0 0 0 1 0 0 0 0 1
BURGLARY- BUSINESS 2 8 4 1 1 1 2 2 1 1 0 23
BURGLARY-OTHER STRUCTURE 3 2 1 2 2 2 3 3 1 0 1 20
BURGLARY- RESIDENCE 3 1 8 12 1 5 12 6 4 7 4 63
CHILD NEGLECT 0 0 0 1 0 0 0 0 0 1 1 3
CITY ORDINANCE 0 0 0 0 1 0 0 0 0 0 0 1
COMPUTER CRIME 0 0 1 0 0 0 0 0 0 0 0 1
CRIME DAMAGE-NO VANDALISM OR ARSON 13 11 16 17 7 7 10 12 9 12 6 120
CRIMINAL MISTREATMENT 0 0 0 0 0 0 0 2 0 0 0 2
CURFEW 0 0 0 0 0 1 1 3 1 1 1 8
CUSTODY- MENTAL 4 2 9 4 9 4 6 11 8 5 5 67
CUSTODY- PROTECITVE 0 0 0 0 0 1 0 0 0 0 0 1
DISORDERLY CONDUCT 4 10 5 7 7 3 11 4 5 12 5 73
DRIVING UNDER INFLUENCE 11 4 8 10 7 8 7 6 8 7 9 8
DRUG LAW VIOLATIONS 10 8 6 2 7 5 4 6 4 9 3 6
DWS/REVOKED- FELONY 1 0 0 0 0 0 0 0 0 0 0 1
DWS/REVOKED-MISDEMEANOR 1 6 0 1 4 0 1 2 1 1 1 18
ELUDE 2 2 3 1 0 0 2 0 1 0 1 12
EMBEZZLEMENT 0 0 0 0 0 0 0 0 2 0 0 2
ESCAPE FROM YOUR CUSTODY 0 0 0 0 2 0 0 0 0 0 0 2
EXPLOSIVES 0 1 0 0 0 0 0 0 0 0 0 1
EXTORTION/BLACKMAIL 0 0 0 0 0 0 0 1 0 0 1 2
FAIL TO DISPLAY OPERATORS LICENSE 0 0 0 0 1 0 0 0 1 0 0 2
FAILURE TO REGISTER AS SEX OFFENDER 1 01 0 0 0 1 1 0 0 0 0 3
FORCIBLE RAPE 4 2 0 0 2 1 1 2 1 2 0 1
FORGERY/COUNTERFEITING 3 3 3 8 6 4 2 4 3 5 5 46
FRAUD-ACCOUNT CLOSED CHECK 0 0 0 1 1 0 0 0 1 0 0 3
FRAUD- BY DECEPTION/FALSE PRETENSES 3 4 3 3 7 4 5 2 7 8 6 52
FRAUD- CREDIT CARD/AUTOMATIC TELLER MACHINE 2 1 1 3 0 8 1 5 2 4 2 29
FRAUD- NOT SUFFICIENT FUNDS CHECK 0 0 0 0 0 0 0 0 0 1 0 1
FRAUD- OF SERVICES/FALSE PRETENSES 3 0 0 1 1 0 1 1 0 0 1 8
FRAUD-OTHER 0 0 0 0 0 0 0 0 1 0 0 1
FUGITIVE ARREST FOR ANOTHER AGENCY 36 20 14 25 27 22 25 21 29 19 14 252
FURNISHING 0 0 0 0 1 0 0 0 0 0 0 1
HIT AND RUN FELONY 0 0 2 0 1 0 1 0 1 1 0 6
HIT AND RUN-MISDEMEANOR 22 13 12 17 12 18 23 16 16 11 26 186
IDENTITY THEFT 1 3 3 9 5 6 1 4 2 4 1 39
INTIMIDATION /OTHER CRIMINAL THREAT 5 7 2 2 3 5 5 5 2 5 0 41
INVASION OF PERSONAL PRIVACY 0 0 1 0 0 0 0 0 0 0 0 1
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 1 0 0 0 0 0 1 0 0 0 0 2
MINOR IN POSSESSION 2 2 0 1 1 2 1 2 0 3 1 1
MINOR IN POSSESSION -TOBACCO 0 0 0 0 0 1 0 0 0 0 0 1
MISCELLANEOUS 30 19 21 16 15 24 15 19 16 22 15 212
MOTOR VEHICLE THEFT 10 14 5 16 13 3 4 8 12 5 8 98
NON CRIMINAL DOMESTIC DISTURBANCE 10 6 10 14 27 20 16 6 15 8 6 138
OTHER 7 3 3 5 4 5 4 6 6 4 5 52
PROPERTY- FOUND LOST MISLAID 1 4 2 4 4 1 3 0 3 3 2 27
PROPERTY RECOVER FOR OTHER AGENCY 0 0 0 0 0 0 1 0 0 0 0 1
RECKLESS DRIVING 3 2 4 3 3 2 1 3 3 5 4 33
RESTRAINING ORDER VIOLATION 3 2 1 3 0 2 0 1 0 2 0 1
ROBBERY- BUSINESS 1 1 Oj 01 21 01 1 01 1 0 0 6
ROBBERY- CAR JACKING 0 1 11 01 01 01 01 01 01 0 0 2
Page 1 of 2 12
12/18/2018 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
2018 Year to Date
an Feb Mar Apr May Jun Jul Aug Sep Oct Nov Total
ROBBERY- HIGHWAY 0 0 0 1 0 0 0 0 0 0 0 1
ROBBERY- OTHER 2 2 1 1 0 2 0 2 2 1 3 16
ROBBERY- RESIDENCE 0 1 0 0 0 0 1 0 0 0 1 3
RUNAWAY 0 0 3 5 1 1 5 3 1 2 5 26
SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 1 0 0 0 1 0 0 0 0 0 2
SEX CRIME - EXPOSER 1 0 0 0 0 0 1 0 0 2 0
SEX CRIME - FORCIBLE SODOMY 1 0 0 0 1 0 1 0 0 2 0
SEX CRIME - MOLEST (PHYSICAL) 0 0 1 1 1 0 1 1 1 1 1 8
SEX CRIME - NON FORCE SODOMY 0 0 2 0 0 0 0 0 0 0 0 2
SEX CRIME - NON-FORCE RAPE 0 1 3 1 1 0 0 0 1 2 1 10
SEX CRIME - OTHER 1 1 0 0 0 0 0 0 0 0 1 3
SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 1 0 2 1 1 0 1 0 0 0 0 6
SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 0 0 0 0 0 0 0 0 0 0 1 1
STALKER 1 1 0 0 1 0 0 0 0 1 1
STOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 1 1 0 0 0 0 1 1 2 0 0 6
SUICIDE 0 0 1 0 0 2 0 1 1 0 0
HEFT- BICYCLE 2 1 1 0 1 3 3 3 2 0 1 17
HEFT- BUILDING 5 3 6 4 2 6 3 1 3 4 3 40
HEFT- COIN OP MACHINE 0 0 0 1 0 0 0 0 1 0 0 2
HEFT- FROM MOTOR VEHICLE 42 14 26 22 18 24 12 14 23 19 22 236
HEFT- MOTOR VEHICLE PARTS/ACCESSORIES 1 5 3 2 2 4 1 2 0 4 3 27
HEFT- OTHER 30 24 22 26 16 16 24 21 13 13 7 212
HEFT- PICKPOCKET 0 1 0 0 0 1 0 0 2 1 1 6
HEFT- PURSE SNATCH 1 0 0 0 0 3 1 1 0 0 0 6
HEFT- SHOPLIFT 11 13 20 15 13 17 16 19 14 17 16 171
TRAFFIC VIOLATIONS 28 10 9 11 16 6 7 9 14 7 6 123
TRESPASS 21 4 8 10 6 3 1 3 7 6 3 72
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 14 0 3 2 0 5 2 0 1 1 0 28
VANDALISM 23 17 23 20 31 27 15 31 12 20 15 23
VEHICLE RECOVERD FOR OTHER AGENCY 4 1 4 4 2 3 0 1 2 2 1 2
WEAPON -CARRY CONCEALED 0 0 0 0 0 0 0 0 0 1 0 1
WEAPON - EX FELON IN POSSESSION 2 1 0 0 0 0 1 2 1 0 1 8
WEAPON - POSSESS ILLEGAL 2 2 1 3 2 1 5 3 4 2 1 26
WEAPON -SHOOTING IN PROHIBITED AREA 0 1 3 1 0 0 1 0 0 0 01 6
Jan I Feb I Marl Apr IMayl Jun I Jul lAug I Sep I Oct I Nov Total
2018 Total 1 4091 284 3171 3421 3161 3091 3111 3081 2921 2981 243 3,429
2017 Total 1 3221 2921 35 3171 3301 3071 3171 3211 3071 3111 353 3,532
2016 Total 1 2651 2371 2821 2751 31 2651 2901 3171 2891 2631 316 3,11
Offenses/Year
4000
3500
3000
W 2500
0)
W 2000
LL
0 1500
1000
500
0
2016 2017 2018
YEAR
Page 2 of 2 13
Woodburn Police Department
ORDINANCE VIOLATIONS
2018 Year to Date
12/18/2018
Ordinance Discription Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Total
Animal Complaint 35 27 38 44 55 45 42 45 35 37 30 433
Ordiinance -Abate/Nuisances 1 1 1 0 2 2 1 2 0 0 0 10
Ordinance -Abandoned Vehicles 83 58 59 72 39 29 44 77 26 63 35 585
Ordinance -Abate Graffiti 6 10 4 8 5 9 1 13 0 7 0 63
Ordinance - Land Use Violations 0 1 0 0 1 1 1 2 2 3 1 12
Ordinance -Oth Violation 51 36 54 58 50 44 46 65 58 75 41 578
Ordinance -Tall Grass 0 0 0 0 71 37 5 1 0 0 0 114
2018 Total 176 133 156 182 223 167 140 205 121 185 107 1,795
2017 Total 94 126 176 177 290 284 175 170 149 129 115 1,885
2016 Total 122 159 131 106 239 200 181 159 103 93 88 1,581
Ordinance Violations / Code Enforcement Officers
1800
1600
1400
N
1200
Z
O 1000
F
J 800
O_
600
400
200
0
2016 2017 2018
COMBINED TOTAL-CODE ENFORCEMENT OFFICERS
Ordinance Violations / Year
2000
1600
N
O 1200
Q /
J
0 800
400
0
2016 2017 2018
YEAR TOTALS FOR ALL OFFICERS
1
14
CITY OF WOODBURN
Community Development Department
MEMORANDUM
270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246
Date: January 7, 2019
To: Chris Kerr, Community Development Department Director
From: Ted Cuno, Building Division
Subject: Building Activity for December 2018
2016 2017 2018
No. Dollar Amount No. Dollar Amount No. Dollar Amount
Single-Family Residential 0 $0 0 $0 1 $227,187
Multi-Family Residential 0 $0 0 $0 0 $0
Assisted Living Facilities 0 $0 0 $0 0 $0
Residential Adds &Alts 2 $8,260 3 $236,148 1 $8,722
Industrial 0 $0 0 $0 0 $0
Commercial 3 $519,700 8 $855,906 5 $152,156
Signs and Fences 1 $11,700 0 $0 0 $0
Manufactured Homes 0 $0 1 $1,000 0 $0
TOTALS 6 $214,302 12 $1,093,054 7 $388,065
Fiscal Year to Date (July 1 — $4,450,569 $12,321,581 $24,002,120
June 30
I:\Community Development\Building\Building Activity\B1dgAct-2018\B1dg Activity-Memos\memo-2018-12 December.doc
15
Iii♦ 4
B V'
January 14, 2019
TO: Honorable Mayor and City Council
FROM: N. Robert Shields, City Attorney
SUBJECT: Repeal of Outdated Criminal Ordinances
(Ordinance Review/Revision Project)
RECOMMENDATION
Adopt the ordinance repealing Ordinances 2048 (Prostitution Procurement
Activities) and Ordinance 2049 (Loitering to Solicit Prostitution) because these
ordinances are no longer functional. Criminal prostitution cases are now
prosecuted by the Marion County District Attorney's Office pursuant to state law.
BACKGROUND
As the City Council is aware, Woodburn is in the process of completing the
Ordinance Review/Revision Project and has made significant progress.
(Attachment 1 ) The City Council has acted on numerous ordinances and staff
review is ongoing on others.
The City Attorney has performed a basic legal analysis of all current General
Ordinances (815 pages) and assigned a status. (Attachment 2) More specifically,
55 ordinances were assigned a "No change" status, 28 ordinances have been
"Referred for staff review," and 9 ordinances will be presented to the Council for
repeal or removed from the Ordinance Compilation. (Attachment 3)
Since the Project began, the City Council has adopted these 19 new
General Ordinances:
New General Ordinances
1 . Ordinance 2501 - Data Vision Franchise
2. Ordinance 2506 - METCOM
3. Ordnance 2507 - PGE Franchise
4. Ordinance 2508 - General Fund Right-of-way Charge
5. Ordinance 2512 - Economic Improvement District
6. Ordinance 2517 - Zayo Group Franchise
Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—x-
16
Honorable Mayor and City Council
January 14, 2019
Page 2
7. Ordinance 2521 - Residential Parking on Unimproved Areas
8. Ordinance 2522 - Light Trespass
9. Ordinance 2523 - Marijuana Tax
10.Ordinance 2524 - NW Natural Gas Franchise
1 l .Ordinance 2527 - Medical Marijuana Permit, Regulations
12.Ordinance 2530 - Expanded Urban Growth Boundary
13.Ordinance 2543 - Boones Crossing PUD Statutory Development
Agreement
14. Ordinance 2545 - Door-to-Door Solicitation
15.Ordinance 2552 - United Disposal Solid Waste Franchise
l 6.Ordinance 2553 - Mobilitie Franchise
17.Ordinance 2555 - Public Art & Murals
18.Ordinance 2556 - Sewer Use Ordinance
19.Ordinance 2558 - Data Vision Communications Franchise
The following 20 General Ordinances have been amended during the Project:
Amended Ordinances
1 . Ordinance 2509 - Amendment to WDO (Zoning Map & Transportation
Plan)
2. Ordinance 2510 - Amendment to WDO (formatting & zone map)
3. Ordinance 2518 - Amendment to Marijuana Moratorium
4. Ordinance 2520 - Amendment to WDO (Planned Unit Developments)
5. Ordinance 2525 - Amendment to Master Fee Schedule (Parks/Rec)
6. Ordinance 2526 - Amendment to WDO (Marijuana Dispensary Zoning
Regulations)
7. Ordinance 2531 - Amendment to General Fund Right-of-Way Charge
8. Ordinance 2532 - Amendment to Privilege Tax
9. Ordinance 2533 - Amendment to Master Fee Schedule (Aquatic Center)
10.Ordinance 2534 - Amendment to Master Fee Schedule (Library)
1 l .Ordinance 2535 - Amendment to Taxi Ordinance
12.Ordinance 2536 - Amendment to Park/Rec SDCs
13.Ordinance 2537 - Amendment to Traffic Ordinance
14.Ordinance 2538 - Amendment to WDO (Nodal Overlay District &
Accessory Structures)
15.Ordinance 2541 - Amendment to WDO (Scrivener Errors)
l 6.Ordinance 2544 - Amendment to WDO (Temporary Signs & Targeted
Industries)
17.Ordinance 2546 - Amendment to Traffic Ordinance 2285
18.Ordinance 2557 - Amendment to Solicitation Ordinance
19.Ordinance 2560 - Amendment to Water SDCs
17
Honorable Mayor and City Council
January 14, 2019
Page 3
20.Ordinance 2562 - Amendment to WDO (Accessory Dwelling Units)
These nine General Ordinances have been (or will be) repealed during the
Project:
1 . Ordinance 2502 - Repeal of Procedures for Evidentiary Hearings
(outdated)
2. Ordinance 2503 - Repeal of Cable TV Advisory Board (not functional)
3. Ordinance 2504 - Repeal of Museum Committee (not functional)
4. Ordinance 2505 - Repeal of Measure 37 Procedures (outdated)
5. Ordinance 2513 - Repeal of Street Decorations (outdated)
6. Ordinance 2515 - Repeal of Mobile Home Permit Requirements
(outdated)
7. Ordinance 2559 - Repeal of Adoption of State Criminal Statutes
(outdated)
8. Ordinance 2048 - Prostitution Procurement (outdated)
9. Ordinance 2049 - Loitering to Solicit Prostitution (outdated)
DISCUSSION
It is recommended that the City Council adopt the ordinance before you
repealing Ordinances 2048 (Prostitution Procurement Activities) and Ordinance
2049 (Loitering to Solicit Prostitution). These ordinances (Attachments 3 and 4)
were adopted in 1990 when Woodburn prosecuted criminal cases through the
Woodburn Municipal Court.
After a consultation with the Police Chief, it was determined that the old
ordinances are no longer needed and are not functional. Any illegal prostitution
activity that occurs today would be prosecuted by the Marion County District
Attorney's Office under state criminal statutes. If, in the future, the City decides
to resume criminal prosecutions through the Woodburn Municipal Court, new
updated ordinances would need to be adopted.
FINANCIAL IMPACT
None.
Attachment 1 - General Ordinances Considered by Council Since Project Began
Attachment 2 - Ordinance Table
Attachment 3 - Current General Ordinances
Attachment 4- Ordinance No. 2048
Attachment 5 - Ordinance No. 2049
18
GENERAL ORDINANCES CONSIDERED BY
COUNCIL SINCE PROTECT BEGAN
(48 Ordinances)
9
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20
w NEW AMENDED w REPEALED
Attachment 2
# ORDINANCE TITLE REVIEWED COMMENT STATUS
BY
1 Nomination Procedures C Atty Functional and conforms to state law. No
Recorder change.
2 Civil Infractions C Atty Procedural / enables enforcement No
ordinances. change.
3 City Council Bylaws City City Council recommended no No
Council changes. change.
4 Jurisdiction Over Public C Atty Public Works should review. To Public
Rights-of-Way Works.
5 Library Board C Atty Controls operations of Board. Last No
amended in 2006. change.
6 Recreation & Park Board C Atty Controls operations of Board. Last No
amended in 2006. change.
7 Ward Boundaries C Atty
Adjusted every census. Last amemded No
in 2011. change.
8 Public Right-of-Way for C Atty Uniform Ordinance Modeled on LOC No
Telecommunications recommendations. change.
9 Emergency Management C Atty Further review for consistency with To WPD.
Ordinance Emergency Plan.
Page 1
20
Attachment 2
Important and complex ordinance. To All
10 Public Contracting Rules C Atty
Sent to Dept. Directors. Departments.
11 Municipal Judges Pro- C AttyOrdinance drafted in 2008 to conform No
Tem to Woodburn Charter. change.
12 Master Fee Schedule C Atty Compendium of City fees. Periodically No
updated. change.
13 Murals Ordinance C Atty New ordinance adopted in 2018. No
change.
14 Public Right-of-Way C Atty Public Works should review. To Public
Construction Permit Fees Works.
15 Sidewalk Construction & C Atty Public Works should review. To Public
Repair Works.
16 Local Improvement C Atty Functional and conforms to state law. No
Procedure change.
17 Reimbursement District C AttyOrdinance drafted for Factory Stores. No
Process Affirmed by Court. change.
18 Revision Street and Park C AttyDrafted in 2007 after extensive City No
Tree Procedures Council discussion. change.
Water Regulation and Public Works and Finance should To Public
19 C Atty works/
Rates review. Finance.
Page 2
21
Attachment 2
20 Sewer and Water C Atty Public Works and Finance should To Public
Regulations review. Works.
21 System Dev Charges for C AttyAdopted as System Development No
Water, Sewer, Parks Charge per state law. change.
22 Traffic Impact Fees/SDC C AttyAdopted as System Development No
for Storm Water Charge per state law. change.
23 Methodology for C AttyAdopted as System Development No
Park/Rec SDC Charge per state law. change.
24 Municipal Sewer/Water C Atty Drafted in 2006. No
Service Outside City change.
25 Conversion of Electric C AttyDrafted in 2007 to allow utility No
Facilities/Underground undergrounding. change.
26 Transportation System C AttyAdopted as System Development No
Development Charges Charge per state law. change.
27 Sewage Disposal C Atty Public Works should review sewage To Public
regulation. Works.
28 Sewer Connection Fees C Atty Public Works should review sewage To Public
regulation. Works.
29 Industrial Waste Cost C Atty Public Works should review sewage To Public
Recovery regulation. Works.
30 Waste Discharge C Atty Public Works should review sewage To Public
Regulations regulation. Works.
Page 3
22
Attachment 2
31 Sewer Capacity Fees C Atty Public Works should review sewage To Public
regulation. Works.
32 Wastewater Discharge C AttyPublic Works should review sewage To Public
Fees (Sewer Charges) regulation. Works.
33 Sewer Use Ordinance C Atty Adopted in 2018. No
change.
34 Cross Connection C Atty Public Works should review sewage To Public
Control/Backflow Prev regulation. Works.
35 Solicitation C Atty Adopted in 2018. No
change.
36 Municipal Violations C Atty WPD should review. To WPD.
37 Gambling C Atty WPD should review. To WPD.
Prostitution Recommend
38 C Atty WPD should review. Repeal
(Procurement)
39 Prostitution (Solicitation) C Atty WPD should review. RecommendRepeal
40 Park Regulations C Atty WPD should review. To WPD.
Page 4
23
Attachment 2
41 Juvenile Curfew C Atty WPD should review. To WPD.
42 Chronic Nuisance C Atty Functional and conforms to state law. No
Property change.
43 Inventory Search by WPD C Atty Revised in 2006 per direction from No
District Attorney. change.
44 Noise Regulation C Atty WPD should review. To WPD.
45 Nuisances C Atty Revised in 2014. No
change.
46 Library Rules of Conduct C Atty Revised in 2006. No
change.
47 Graffiti Nuisance C Atty WPD should review. To WPD.
Property
48 Animal Control C Atty Revised in 2008. No
change.
49 Parking on Unimproved C Atty Adopted in 2014. No
Areas change.
50 Abandoned Vehicles C Atty Can be repealed. Recommend
Hearings Officer repeal.
Page 5
24
Attachment 2
51 Truck Routes C Atty Establishes truck routes. No
change.
52 On-Street Parking C Atty Establishes schedule for street cleaning No
downtown. change.
53 Golf Carts C Atty Permits golf carts in areas of Senior No
Estates per statute. change.
54 Prohibited Parking in C Atty Parking regulations for Saturday Recommend
Portion of Downtown Market downtown. repeal.
55 Traffic C Atty Amended in 2016. No
change.
56 Police Training C Atty Imposed in 2006. No
Assessment change.
57 Taxicabs C Atty Amended in 2016. No
change.
58 Cable Television C Atty Outdated cable television regulations. To
Regulations Recorder.
59 Public Dances C Atty WPD should review. To WPD.
60 Alarms C Atty Regulation of alarm systems. No
change.
61 Film Permit Process C Atty Filming permit. No
change.
Page 6
25
Attachment 2
62 Business Registration C Atty Amended in 2007. No
change.
63 Permitting of Newsracks C Atty Adopted in 2007. No
change.
64 Enterprise Zone C Atty Incentives for local businesses under No
state law. change.
65 Medical Marijuana C Atty Adopted in 2015. No
Permit Process change.
66 House Numbering C Atty Should be reviewed by Building. To
Building.
67 Moving of Buildings C Atty Should be reviewed by Building. To
Building.
68 Technical & C Atty Charge established in 1979. No
Environmental Services change.
69 Building Nuisances C Atty Ordinance based on court case. To To
Building for review. Building.
70 Flood Plain Management C Atty Flood plain regulations. No
change.
Specialty Codes, Building To
71 C Atty Should be reviewed by Building. Building.
Official Duties g•
72 Habitable Rental Housing C Atty Adopted in 2008. No
change.
Page 7
26
Attachment 2
Woodburn Development No
73 C Atty Amendments are ongoing. chap e
Ordinance (WDO) g
74 Pacific NW Bell C Atty Should be reviewed by City Recorder. To
Telephone Co. (Pay Recorder.
75 Cable Television Rate C Atty Can be repealed. Recommend
Schedule repeal.
76 Gas Tax C Atty Gas tax levied per state statute. No
change.
77 Hotel/Motel Tax C Atty Lodging tax levied per state statute. Nochange.
78 PGE Company Franchise C Atty Franchise in effect. No
change.
79 Privilege Tax (PGE) C Atty Privilege tax levied per state statute. No
change.
80 Cable Television Basic C Att Can be removed from ordinance Remove
from
Service Rates/Charges y compilation. compilation.
81 Privilege Tax (NW C Atty Privilege tax levied per state statute. No
Natural Gas) change.
82 Pacific NW Bell C Atty Should be reviewed by City Recorder. To
Telephone Co. Franchise Recorder.
83 Cable TV Franchise C Att Can be removed from ordinance Remove
from
Transfer to NW y compilation. com ilation.
Page 8
27
Attachment 2
Telecommunications No
84 C Atty Franchise in effect.
Franchise - Datavision change.
85 Transfer Cable TV C Att Can be removed from ordinance Remove
from
Franchise to Will. Broad y compilation. compilation.
Woodburn Ambulance No
86 C Atty Franchise in effect.
Service Franchise change.
NW Natural Gas No
87 C Atty Franchise in effect.
Company Franchise change.
United Disposal Garbage No
88 C Atty Franchise in effect.
Franchise change.
89 Lightspeed Networks, C Atty Telecommunications Franchise in No
Inc. effect. change.
Wave Broadband Cable No
90 C Atty Cable TV Franchise in effect.
Television Franchise change.
91 Zayo Group Franchise C Atty Telecommunications Franchise in No
effect. change.
Page 9
28
CURRENT GENERAL ORDINANCES
(91 Ordinances - 815 Pages
6
i
30
55
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ie ,.. 11f///�����Y��
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w REFERRED FOR STAFF REVIEW
m REPEAL OR REMOVE
Attachment 4
COUNCIL BILL NO. 1255
ORDINANCE NO. 2048
AN ORDINANCE PROHIBITING UNLAWFUL PROSTITUTION PROCUREMENT ACTIVITIES
AND DECLARING AN EMERGENCY,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Definitions. As used in this ordinance, "prostitution" means that
unlawful conduct defined in ORS 167.007. As used in this ordinance," prostitution
procurement activity" means any conduct by any person that constitutes a substantial step
in furtherance of an act of prostitution. Such activity includes, but is not limited to,
lingering in or near any street or public place, repeatedly circling an area in a motor
vehicle or repeatedly beckoning to, contacting, or attempting to stop pedestrians or motor
vehicle operators.
Section 2. Prostitution Procurement Activity. It is unlawful for any person to
engage in any prostitution procurement activity with an intent to induce, entice, solicit,
procure, locate, or contact another person to commit an act of prostitution.
Section 3. Penalty. Violation of this ordinance is punishable, upon conviction, by
a fikie of not =re than $500.00 or by imprisonment not exceeding six months, or both.
However, no greater penalty shall be imposed than the penalty prescribed by Oregon
statute for the same act or omission.
Section 4. EmergencClause. 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.
,—r 7 —
Approved as to form:
City Attorney Date
Approved::�I�_
Nancy A. Kirksey, Mayor J
Passed by the Council November 7, 1990
Sutted to the Mayor November 9, 1990
Approved by the Mayor November 9, 1990
Filed in the office of the Recorder November 9, 1990
Attest: .-�
M Te ant, Deputy Recorder
City of Woodburn
Page 1 - COUNCIL BILL NO. 1255
ORDINANCE NO. 2048
30
Attachment 5
COUNCIL BILL NO. 125E
ORDINANCE NO. 2049
AN ORDINANCE PROHIBITING LOITERING TO SOLICIT PROSTTI'CTITON AND
DECLARING AN EMERGENCY.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
SECTION 1. Definition of Drostitution As used in this ordinance, "prostitution"
means engaging in, offering to engage in, or agreeing to engage in an act of sexual conduct
or sexual contact as those terms are defined in ORS 167.002(4) and (5),with a person not
married to the actor, in return for the payment of a fee.
Section 2. Loitering to soliat urostitution prohibited. It is unlawful for any person
t >_loiter in or dear any street or public place in a manner and under circumstances
manifesting the purpose of inducing, enticing, soliciting, or procuring another to commit
an act of prostitution. Among the circumstances which may be considered in determining
whether such purpose is manifested are that the person repeatedly beckons to, stops or
attempts to stop, or engages in conversation, passersby or repeatedly stops or attempts to
stop motor vehicle operators by hailing them or gesturing to them.
Section 3. Penalty for Violation. Violation of this ordinance is punishable, upon
conviction, by a fine of not more than $500.00, or by imprisonment not exceeding six
months, or both. However, no greater penalty shall be imposed than the penalty
prescribed by Oregon statute for the same act or omission.
Section 4. 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:--'—.114/ 11- r �J—
Nancy A. Ki ey, Mayor
Passed by the Council November 7, 1990
Submitted to the Mayor November 9, 1990
Approved by the Mayor November 9, 1990
Filed in the office of the Recorder November 9, 1990
Attest-
Mary Te ant, Deputy Recorder
City of Woodburn
Page 1 - COUNCIL BILL NO. 1256
ORDINANCE NO. . 2049
31
COUNCIL BILL NO. 3085
ORDINANCE NO. 2567
AN ORDINANCE REPEALING ORDINANCES 2048 AND 2049 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 prosecuted by the District Attorney's
Office under state statutes in the Marion County Circuit Court; and
WHEREAS, through the Ordinance Review/Revision Project, it has come
to the City Council's attention that Ordinance 2048 (Prostitution Procurement
Activities) and Ordinance 2049 (Loitering to Solicit Prostitution) are still in force;
and
WHEREAS, since Ordinance 2048 and Ordinance 2049 contain criminal
penalties and would have to be processed through the Woodburn Municipal
Court, they are not functional and no longer needed; 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 2048 and Ordinance 2049; NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The City Council finds there is no longer a need for Ordinance
2048 and Ordinance 2049.
Section 2. Ordinance 2048 and Ordinance 2049 are 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.
Page - 1 - Council Bill No. 3085
Ordinance No. 2567
32
Approved as to form:
City Attorney Date
Approved:
Eric Swenson, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page - 2 - Council Bill No. 3085
Ordinance No. 2567
33
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Pri,a�.;rrt rr rf aA'!R7
January 14, 2019
TO: Honorable Mayor and City Council
FROM: Jim Row, Assistant City Administrator
SUBJECT: Utility Assistance Program - Additional Funding
RECOMMENDATION:
Authorize the distribution of an additional $5,000 to Love INC of North Marion
County (Love INC) for the continued administration of the City's utility assistance
program.
BACKGROUND:
In FY 15/16, the City Council approved the execution of a contract for the
administration of a utility assistance program with Mid-Willamette Valley
Community Action Agency (MWVCAA). That agreement was terminated
approximately 12 months later, after it was determined that MWVCAA did not
provide assistance to any Woodburn residents.
In November 2016, the City entered into a similar agreement with the Society of
St. Vincent DePaul (SVDP). Through April 2018, SVDP issued assistance totaling
$1 ,675 to 23 Woodburn residents. Through the agreement close out process SVDP
provided the City with all of the remaining funds that haven't been disbursed on
behalf of utility customers.
Love Inc began providing assistance to utility customers on May 15, 2018 with an
initial distribution of $5,000. A second disbursement of $5,000 was provided in
August 2018. Through January 8, 2019, assistance totaling $8,597.50 has been
provided to 60 account holders. Per the terms of our agreement, Love Inc has
retained $764.89 as reimbursement for administrative expenses to date.
It is clear that Love INC has been successful in providing assistance to significantly
more utility customers that has been provided at any point during the program's
nearly three year history. This third disbursement will bring the total provided to
Love INC this year to $15,000. They have been informed that this will be the final
disbursement this fiscal year.
Agenda Item Review: City Administrator_X_ City Attorney_X_ Finance_X_
34
Honorable Mayor and City Council
January 14, 2019
Page 2
DISCUSSION:
The City typically issues 15-20 shut of notices each week. The majority of the
accounts are brought current, resulting in approximately 5-8 actual weekly shut
offs.
The City's utility assistance program is intended to provide aid to residents who
are experiencing difficulty in paying theirwater/ sewer bills. Qualifying applicants
will be eligible to receive a maximum of $150.00 per account per 12-month
period. Financial assistance will be paid directly to the City and will be applied
to the customers' outstanding balance. Eligibility criteria established for the utility
assistance program is as follows:
• Applicant resides in the City of Woodburn and demonstrates an
emergency need
• Applicant is the City of Woodburn utility account holder for which
assistance is requested or an individual who has demonstrated financial
responsibility for the delinquent account
• Applicant has received and can show a past due notice and/or shut-off
notice due to utility-related fees
• Applicant has not received more than $150.00 in utility assistance from this
Program during the previous 12 months
• Applicant can show that Applicant or Applicant's demonstrated financial
need meets Love INC's established criteria
FINANCIAL IMPACT:
Through the agreement close out process, SVDP returned approximately $8,000
in undisbursed funds to the City. This disbursement to Love INC will bring the total
to $15,000 this fiscal year.
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