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Agenda - 08/22/1994 CITY OF WOODBURN 270 MONTGOMERY STREET **** WOODBURN, OREGON AGENDA WOODBURN CITY COUNCIL AUGUST 22, 1994 ' 7:00 P.M. 10. A. Council minutes of August 8, 1994. APPOINTMENTS: ANNOUNCEMENTS: PROCLAMATIONS: A. HEALTH AWARENESS WEEK - SEPTEMBER 12 - 16, 1994. B. DISABILITY EMPLOYMENT AWARENESS MONTH - OCTOBER 1994. A. Chamber of Commerce B. Other Committees A. Wri~en (This allows public to introduce items for Council consideration not already scheduled on the agenda.) Poplar S~ree~, Firs~ S~ree~ ~d ~om S~ree~. A. Council Bill No. 1577 - Ordinance calling for city tax base election. B. Council Bill No. 1578 - Ordinance granting a gas utility franchise to Northwest Natural Gas Company. 4A 4B 8A 10A lOB Page I - Woodburn City Council Agenda, August 22, 1994. G. Acceptance of bid: 11. ~~.~ '~ ....... ~" ' ' TM "~'"~:~ 'Y~'~'"' '~ ' 12. 15. A. 16. 17. 18. Council Bill No. 1579 - Resolution entering into Special Transportation Funds agreement with Salem Area Transit District. 10C Council Bill No. 1580 - Resolution entering into an agreement amendment for completion of signal improvement at Evergreen and Hvvy 214. 10D Council Bill No. 1581 - Resolution entering into the Transportation Growth Management grant agreement with the State of Oregon. 10E Liquor license recommendation: Playa de Oro. 10F Recreation and Parks Dept. mower. 10G Citizen involvement in planning process. B. Mid-year gang activity report. C. Towed vehicle report, D. Curfew ordinance report. E. City investment review. F, Water status report, Aquatic Center update, H. Settlemier Street resurfacing and tentative traffic plan, A. To conduct deliberations with persons designated by the governing body to carry on labor negotiations, (ORS 192.660(1)(d)), 15A 15B 15C 15D 15E 15G 15H Page 2 - Woodburn City Council Agenda, August 22, 1994. 3A TAPE READING 000~ 0015 0033 0076 0108 COUNCIL MEETINg MINUTES August 8, 1994 DATE. COUNCIL CHAMBERSv CITY HALLv CITY OF WOODBURN, COUNTY OF MARION~ STATE OF OREGONv AUGUST S~ 1994. CONVENED. The Council met in regular session at 7:00 p.m. with Mayor Kelley presiding. ROLL CALL. Mayor Kelley Present Councilor Figley Present Councilor Galvin Present Councilor Hagenauer Present Councilor Jennings Present Councilor Mitchell Present Councilor Sifuentez Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Lt. Eubank, Public Works Manager Rohman, Library Director Sprauer, Finance Director Gritta, 9-1-1 Communications Manager Wolf, Asst. City Engineer Morrison, City Recorder Tennant Councilor Jennings told the Mayor and Council that, due to a prior commitment, he would have to leave the meeting around 7:30 p.m. but would be able to return around 8:00 p.m.. MINUTES, Councilor Figley requested that the July 25th Council minutes be corrected, last paragraph before Tape Reading 0483, by reading "..$10 rate" rather than "..$10 value". JENNINGS/FIGLEY .... approve the July 25, 1994 Council minutes as corrected; and accept the Planning Commission minutes of July 14, 1994 and Library Board minutes of July 27, 1994. The motion passed unanimously. ANNOUNCEMENTS. The Wastewater Advisory Committee will meet on Tuesday, August 16, 1994, 7:00 p.m., at Woodburn City Hall. The public was urged to attend this informative meeting which will include representatives from DEQ along with discussion on the SEPA program. The public was reminded of the August 30th filing deadline for the offices of Mayor and Councilors Ward III (Precinct 1.25), Ward IV (Precinct 130), and Ward V (Precinct 127). CHAMBER OF COMMERCE REPORT. Joanne Beck, representing the Chamber Board, reminded the Council that the monthly Chamber forum will be held on Friday, Page i - Council Meeting Minutes, August 8, 1994 3A TAPE READING 0137 018~ 0230 COUNCIL MEETING MINUTES August 8, 1994 August 19th, 12:00 noon, at Yum Wah's Restaurant. Guest speakers will be Jodi Fischer, Woodburn School Board Chairman, and Nevin Holly, Park & Recreation Director, who will both speak on Improving the Livability in Woodburn. Councilor Mitchell expressed his appreciation to several individuals who have volunteered their time on various programs relating to wastewater. Those individuals include Harriet Anderson, Donna Baker, Jane Gorsch, Lorrayne Huxtable, Virginia Laugen, Wayne Livesay, Charles Gehn, Barbara Stalzer, Margot Comley, Irma Shellnut, Hortencia Harmon, Irene Velicho, and Rita Henkes. He also expressed his thanks to Wastewater staff members and other City staff members for their support of the Committee's work. Councilor Jennings stated that he had received a flyer from the League office regarding a conference entitled "Leading Communities into the 21st Century". He expressed interest in attending the conference which will be held in Wilsonville and gue~t%oned if funds were available for this purpose. . Administrator Child? stated that funds were appropriated in the Mayor and Council budget for conferences and training and he suggested that the Mayor or Councilors interested in attending let him know after the meeting or call his office so that registration can be made in advance. Councilor Mitchell stated that he had contacted staff about one month ago regarding a fallen oak tree in a field between Arney Road and Woodland Avenue. His concern was that children playing around the tree would be injured and something should be done to remove the dead tree. About two weeks later, he again contacted another staff member regarding the tree and requested that if the tree was on private property, the property owner be notified to have the tree removed. If the tree was on city property, the City should remove the tree immediately. As of this date, he has not been given a response as to the status of the tree removal from either staff member nor has the tree been removed. The tree continues to attract children as a play area and he requested that something be done immediately before a child is injured. 0395 PUBLIC HE~RING - CAPITAL DEVELOPN~NT COMPANY SITE pLAN REVIEW ~93-22 ]~ND RECOMN~NDATION TO AMEND ORDINJ~NCES 2095 ]~ND 2098,. Mayor Kelley declared the public hearing open at 7:13 p.m.. Recorder Tennant read the required land use statement advising the public of nature of the application and of certain rights and duties pertaining to the approval criteria, the "raise it or waive it" rule, and the right to have the record remain open. Page 2 - Council Meeting Minutes, August 8, 1994 3A TAPE READING 0530 0568 0594 0656 .0642 COUNCIL MEETING MINUTES August 8, 1994 Community Development Director informed the Council that Capital Development has requested a continuation of the public hearing to September 12, 1994. JENNINGS/FIGLEY .... public hearing on this issue be continued to September 12, 1994, 7:00 p.m., at Woodburn City Hall. The motion passed unanimously. COUNCIL BILL 1574 - ORDXITANCE V~CATING A CERTAIN pORTION OF pUBLIC RIGHT-0F-W~¥ BETWEEN SETTLEMIER Av~. B/qD T~xRD STR~T, PLATTED AS POPLAR STREET, Council Bill 1574 was introduced by Councilor Hagenauer. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1574 passed unanimously. Mayor Kelley declared Council Bill 1574 duly passed. COUNCIL BILL 1575 - RESOLUTION ~WTERING INTO CONTRACT ~_~_~NDNKNT WITH CHEMEKETA COMMUNITY COLLEGE RELATING T0 CHEMEKETA COOPERATIVE REGIONAL LIBRARY SE~ICE. Council Bill 1575 was introduced by Councilor hagenauer. Recorder Tennant 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. The Mayor declared Council Bill 1575 duly passed. COUNCIL BILL 1576 - RESOLUTION AUTHORIZING STOP SIGN INST~LLAT~ON ON WORKMAN DRIVE AT THE INTERSECTION ON SMITH DRIVE. Councilor Hagenauer introduced Council Bill 1576. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Kelley declared Council Bill 1576 duly passed. INST~?.?.%TION OF "NO PARKING" SIGNS ON I~ATIOITALWAY, Staff recommended the installation of "No Parking" signs on National Way north of Industrial Avenue since most of the lots are developed and trucks parked on the street hinder the vehicles entering or existing adjoining businesses. JENNINGS/FIGLEY .... approve staff recommendation that "No Parking" signs on National Way be installed. The motion passed unanimously. SOUND ~M~LIFICATION REQUEST - NUEVO ~%_NEC~ GI~%ND OPENING. Alma Grijalva, Excutive Director of Farmworker Housing Development Cor~., submitted a letter to the Council requesting permIssion to use sound amplification equipment on August 13, 1994 in conjunction with their Grand Opening celebration. Staff recommended that the request be granted. JENNINGS/FIGLEY .... request for the use of sound amplification equipment at Nuevo Amanecer on August 13, 1994, between 12:00 Page 3 - Council Meeting Minutes, August 8, 1994 3A TAPE READING 0675 887 1179 1217 COUNCIL MEETING MINUTES August 8, 1994 noon and 5:00 p.m., be granted. unanimously. The motion passed DISCUSSION RE: IMPACT OF STORMWATER RUNOFF. Included in the packet was a letter from Director Tiwari as a starting point for Council discussion on this important issue. Director Tiwari stated that Woodburn is not immune to potential flooding and the City had developed 100-year flood elevation map around 1978 for the purpose of defining flood way and flood plain areas. Policies have been implemented to limit development within these areas, however, more runoff has been experienced in recent years due to 1) an increase in impervious surface area which creates a greater volume of stormwater runoff, and 2) low land areas available for stormwater runoff storage is becoming less available. Councilor Jennings left the meeting at this time. Director Tiwari stated that no development is allowed in the floodway but some development is allowed within the flood plain. Staff has been following a interim detention policy until such time as the necessary data is gathered and work has been completed for formal policies to be adopted by the Council. He briefly reviewed different types of detention areas being used by local developers in addressing this issue. He stated that stormwater runoff is an issue that is long-term in nature and needs to be closely monitored. BILLS FOR THE MONTH OF JULY 1994. SIFUENTEZ/GALVIN .... authorize payment of voucher checks $23363 - 24057 for the month of July 1994. The motion passed unanimously. REQUEST FOR USE OF SOUND ~NDLIFICATION EQUIPMENT - TEEN CENTER COMMITTEE. Patricia Watts, Chairman of Woodburn Teen Center Committee, submitted a letter to the Council requesting permission to use sound amplification equipment on August 20, 1994, between 12:00 noon and 10:00 p.m. at the Wal-Mart parking lot. The Committee, along with Mothers Against Gangs, are sponsoring a "Street Dance" to raise funds for a teen center and help support the activities of Mothers Against Gangs. Staff recommended that the permit be granted for the outdoor street dance. FIGLEY/SIFUENTEZ .... request for use of sound amplification equipment for the Street Dance sponsored by the Teen Center Committee and Mothers Against Gangs be approved for August 20, 1994, 12:00 noon to 10:00 p.m., at the Wal-Mart parking lot. The motion passed unanimously. Page 4 - Council Meeting Minutes, August 8, 1994 3A TAPE READING 1287 1349 1495 COUNCIL MEETING MINUTES August 8, 1994 SITE PLAN ACTIONS. 1) Tukwila PUD - Residential development of 37 lots -- No action was taken by the Council on this issue. 2) Site Plan Review #94-17: McDonald's Corporation -- The site is located on the corner of Highway 99E and Alexander Avenue and is currently zoned commercial retail. No action was taken by the Council on this site plan. STAFF REPORTS. A) Draft Transportation Goals and Policies -- The Transportation Task Force has been reviewing the City's Transportation Goals and Policies and a copy of the initial draft of revised policies and goals was provided to the Council for their review. Councilor Mitchell encouraged Director Goeckritz to make sure that adequate parking spaces are available for Park and Ride areas which include High Speed Rail service. He also expressed some concern regarding the language on bicycle lanes and sidewalks since some existing residential areas currently do not have sidewalks or bicycle lanes and property owners along those streets do not want to lose their front yards to accommodate the construction of bicycle lanes and sidewalks. In regards to High Speed Rail service, Director Goeckritz stated that Woodburn is not on the list as a potential stop, however, hearings are being held and changes may be made to the list of scheduled stops. Within the draft goals and policies, the City's Transit service would coordinate their service with any stop that is made by High Speed Rail. In regards to the bicycle lanes and sidewalks, the draft goals and policies would require any new construction to accommodate those modes of transportation. Additionally, the City would have to look at some existing streets to see if accommodation could be made to interconnect these modes of travel between such areas as schools, shopping centers, and recreational centers. (B) Water Status Report -- Public Works Manager Rohman stated that cooler weather has lessened the amount of water usage but he reminded the local residents to continue to use water wisely. (C) Dolan v. City of Ti~ard - Attorney Shields provided a brief informational memo to the Council on this case which involves land use requirements as it applies to private developers. (D) Young Street Railroad Crossing improvement - Southern Pacific Railroad has not advised the City as to when they will be doing the improvements to the crossing. (E) Passenger Rail Service Public Meeting - ODOT High Speed Page 5 - Council Meeting Minutes, August 8, 1994 COUNCIL MEETING MINUTES August 8, 1994 TAPE READING Rail team will be holding a public meeting in Salem on Tuesday, August 9th, 4:00 pm to 7:00 p.m., at the Salem Area Transit office. City staff members will attend a technical workshop prior to the public meeting. (F) Marion County Water Management Council - Marion County Community Development Department provided the Council with a status report on the strategic plan being developed by the Water Management Council. (G) Landau Drive Construction - A private contractor had been working on the sewer line, however, the construction project is now complete and the excavated area has been patched. (H) Building Activity for the Month of July 1994. 1609 Councilor Hagenauer requested that the tree limbs overhanging into the street area along South Front Street need to be trimmed. This roadway is a designated truck route and the trucks have no alternative but to hit the tree limbs when travelling down that section of the roadway. 1643 1708 Councilor Figley expressed ~er appreciation to a%l those local residents who participated in the August 2nd National Night Out neighborhood program. She stated that she had attended the one held in Smith Addition which was well attended by residents within that neighborhood. She also expressed her thanks to the organizers of the Mexican Fiesta for their work in putting on a successful event. She informed the public that she was filing for re-election as Ward V Councilor. Lastly, she encouraged residents to attend the burning of the old swimming pool bathhouse on Saturday, August 13th, at 6:00 a.m.. For those who do not wish to attend, Let's Communicate will broadcast the event which will be shown on Cable TV channel 11. Councilor Mitchell advised the public that the Wastewater Advisory Committee has not had an opportunity to evaluate the SEPA program and the August 16th meeting will be the first time the Committee will have an opportunity to discuss this issue with DEQ. He requested the public to keep an open mind on this program until a thorough evaluation has been completed. Page 6 - Council Meeting Minutes, August 8, 1994 3A COUNCIL MEETING MINUTES August 8, 1994 TAPE READIN__ G 1750 ADJOURNMENT~ FIGLEY/SIFUENTEZ .... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:55 p.m.. APPROVED, LEN KELLEY, MAYOR ATTEST Mary Tennant, Recorder city of Woodburn, Oregon Page 7 - Council Meeting Minutes, August 8, 1994 CITY OF 270 Montgomery Street · WOODBURN Woodburn, Oregon 97071 · 98c2-5c2~c2 4A PROCLAMATION WOODBURN HEALTH AWARENESS WEEK SEPTEMBER 12- 16, 1994 WHEREAS, A sound community endeavors to provide health care information and knowledge to its residents, and WHEREAS, Many local businesses are willing to participate in the Woodburn Health Fair on August 15, 1994, in an effort to promote health care awareness, and WHERF~S, A direct benefit of the Woodburn Health Fair is greater awareness of health care information and services which are available in the Woodburn area, and WHEREAS, Marry screenings, displays and services will be available at little or no charge to participants at the Woodburn Health Fair; NOW, THEREFORE, I, Mayor Len Kelley, do hereby proclaim September 12 - 16, 1994 as Woodburn Health Awareness Week in Woodburn and urge area residents to participate in the events of Woodburn Health Fair- September 15, 1994 IN TESTIMONY WHEREOF, Woodburn to be affixed this -"l Sen Kelley,/M~~or C"ity of Woodburn I have hereunto set by hand and caused the seal of the City of day of August, 1994. CITY OF 270 Montgomery Street WOODBURN Woodburn, Oregon 97071 · 98c2-5222 PROCLAMATION DISABILITY EMPLOYMENT AWARENESS MONTH October 1994 The United States of America has been in the forefront of civil and human rights for individuals with disabilities, and The State of Oregon has strived to implement the letter and intent of Federal legislation regarding persons with disabilities, particularly regarding the implementation of the Americans with Disabilities Act; and WHEREAS, The City of Woodbum affirms its support of the implementation of those rights, and WHEREAS, People with disabilities represent the nation's largest pool of trained, skilled, knowledgeable and hard working persons while experiencing the highest rate of unemployment among any minority group in America; and WHEREAS, The Congress of the United State of America has declared each October as National Disability Employment Awareness month in an effort to encourage and promote the employment of people with disabilities, NOW, THEREFORE, BE IT RESOLVED THAT I, Len Kelley, Mayor of Woodburn, proclaim October 1994 as Disability Employment Awareness Month in Woodbum 1 call upon all citizens to observe Disability Employment Awareness month in an appropriate manner, and I call upon employers to employ and promote persons with disabilities whenever possible and to comply with the regulations of the Americans with Disabilities Act. and cause the seal of the C~ty · 1994. 4B 8A MEMO TO: FROM: SUBJECT: DATE: City Administrator for Council Action ./~, }d..,, Randy Scott, CE Tech III, through Public Works Direct Public Right-of-Way Vacation, a Portion of Poplar Street, First Street and Thorn Street August 18, 1994 RECOMMENDATION: After public hearing, council proceed by motion to instruct staff to prepare an ordinance vacating the public right-of-way as per the map shown on Attachment "A" and described on Attachment "B". The vacation is subject to providing utility easements for the existing city maintained infrastructure at the request from the Public Works Department. BACKGROUND: 1. Location: The proposed right-of-way to be vacated is located west of Front Street and south of Oak Street as shown on Attachment "A". A description of the area to be vacated is provided on Attachment "B". Current Land Use and Zoning: The property surrounding the area to be vacated is zoned RS Single Family Residential and PA Public Amusement and Recreation District. The existing land use and zoning will not change by vacating the proposed right-of-way. Current Use of Right-of-Way: The right-of-way proposed for vacation is unimproved. The area is being used for public recreation and on-site parking for the public pool facility. Transportation Needs: The public right-of-way to be vacated currently is not used for public transportation needs. No existing public access to surrounding properties will be eliminated. §. Future Transportation Needs: The right-of-way to be vacated is not required for future transportation needs. Existing Infrastructure: Upon vacation of the right-of-way, the area will remain public property under the control of the Department of Recreation and Parks; however, at such time as Public Works Department so requires,, utility easements shall be provided and recorded for existing city maintained utilities. 8A PROCEDURE: 1. ORS 271.130 provides for a governing body to vacate a public right-of-way on its own motion. The Woodburn City Council initiated the process by motion on July 2.5, 1994 and set the public hearing date by Resolution 12.52. The hearing date was set for August 22, 1994. 2. The governing body may not vacate the right-of-way if the owners of the majority of the affected area, as computed in ORS 271.080, object in writing. As of this date, no property owner within the affected area has submitted an objection. Attachment "C" shows the affected area. 3. Notice of the public hearing has been given as provided in ORS 271.110. ORS 271.130 stipulates if a non-consenting abutting property owner's property would be substantially affected, provisions must be made for paying damages before the vacation can be granted. As of this date, there is no non-consenting property owner and no adjacent property will be substantially affected. 5. The vacation meets all other state and local guidelines concerning street vacation. CONCLUSIONS: 1. The proposed vacation of the public right-of-way will not affect current or future transportation needs. 2. There would be no substantial impact on the market value of abutting property. 3. As of this date, no objections have been filed by property owners within the affected area. 4. The area vacated by the proposed vacation would remain public property, conveyed to and controlled by the Department of Recreation and Parks. RS:lg Attachments: "A" - Location map of area to be vacated "B" - Description of area to be vacated "C" - Map showing the affected area VACAPOP. CC 8A ATTACHMENT "A" .! 03 03 0 / 10. ATTACHMENT "B" 8A FIRST STREET (PARK ADDITION) Beginning at the northeast corner of Lot 1, Block 5, Park Addition to the City of Woodburn in Section 18, Township 5 South, Range I West of the Willamette Meridian, Marion County, Oregon; thence southwesterly 102.04 feet to the southeast corner of said Lot 1, Block 5, thence southeasterly 61.24 to the southwest corner of Lot 5, Block 6 of said Park Addition; thence northeasterly 102.04 feet to the northwest corner of said Lot 5, Block 6; thence northwesterly 61.24 feet to the place of beginning. THORN STREET Beginning at the most northerly corner of Lot B, Hicks Second Addition to Woodburn, in Section 18, Township 5 South, Range I West of the Willamette Meridian, Marion County, Oregon; thence southeasterly 139.55 feet to the northeast corner of said Lot B; thence northeasterly on a northerly projection of the east line of said Lot B 51.06 feet to a point on a southeasterly projection of the south line of Lot C of said Hicks Second Addition; thence northwesterly to the most southeasterly corner of said Lot C; thence northwesterly along the south line of said Lot C 54.50 feet to the most westerly corner of said Lot C; thence southwesterly to the place of beginning. FIRST STREET (HICKS .ADDITION) Beginning at the northeast corner of Lot C, Hicks Second Addition to Woodburn, in Section 18, Township 5 South, Range I West of the Willamette Meridian, Marion County, Oregon; thence along the east line of Lot C 64.20 feet to the southeast corner of said Lot C; thence southeasterly 92.75 feet to the southwest corner of Lot D of said Hicks Second Addition. Thence northeasterly 204.20 feet to the northwest corner of said Lot D; thence northeasterly 51.06 feet to the southwest corner of Lot E of said Hicks Second Addition; thence southwesterly along the northerly line of First Street as platted in said Hicks Second Add!tion to the northeast corner of Lot C and also being the place of beginning. POPLAR STREET Beginning at the most westerly corner of Lot E, Hicks Second Addition to Woodburn in Section 18, Township 5 South, Range 4 West of the Willamette Meridian, Marion County, Oregon; thence southwesterly 51.06 feet to tl~e northwest corner of Lot D of said Hicks Second--Addition; thence southeas~rly...along the north line of said Lot D 199.09 feet; thence northeasterly 51.06 feet to the southeast corner of Lot E of said Hicks Second Addition; thence northwest~e'r'ly along the south line of said Lot E, 199.09 feet to the place of beginning. -- - ..... ATTACHMENT "C" 8A I I I [03 03 03 0 103 03 1% N S ORE. IOA TO: FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator Ordinance Calling for Tax Base Election August 17, 1994 RECOMMENDATION: Approve accompanying ordinance calling for a November 8, 1994 election on the question of increasing the city's tax base to $1,895,000. BACKGROUND: As noted in a July 6, 1994 staff report to the Council, state law requires the city to submit a tax base measure to voters in this, a Primary/General Election year. Our annual operating levy was on the Primary Election ballot and the November General Election is the last remaining election date during the year. The recommended tax base amount of 81,895,000 represents the approximate combined amount of the existing tax base and the amount of the annual operating levy that we would otherwise need to submit for voter approval in the spring of 1995. If passed, the new tax base would be effective beginning with Fiscal Year 1995-96. The new tax base will represent some 62% of the city's Total Levy Authority of 83,060,147 for Fiscal Year 1995-96. The balance of the Total Levy Authority will consist of the continuing levies for Recreation & Parks and Library services, with the exact configuration of those levy amounts to be determined during the 1995-96 budget process. The Total Levy Authority amount was reviewed by the Council during a required public hearing on tax coordination held on July 25, 1994. Because of the constitutional limitations imposed by Ballot Measure 5 (1990), passage of an updated tax base at this time could be perceived as a "win/win" situation for both the taxpayers of Woodburn and the City of Woodburn. Measure 5 limitations limit the property tax rate for all non-school entities to 810 per 81,000 of assessed value. City taxpayers would continue to pay only the 810 rate under the new tax base, but the revised tax base would ensure that the city continues to receive its relative proportion (compared to other entities) of taxes available for collection under the 810 "cap". Any levy authorized by voters for repayment of bonded indebtedness is segregated into another Measure 5 category, not included in the Total Levy Authority amount, as are property taxes for schools. There are several less obvious (but important) advantages of an updated tax base. It would give the city an added degree of fiscal stability in planning for more 10A Page 2 Memo/Tax Base Election (8/17/94) than simply short-term solutions. The same stability would enable the city to conduct its budget process later each spring and closer to the fiscal year involved, allowing for much more accurate projections of year-end working capital carryovers, non-tax revenues, etc. It would also eliminate the cost of annual operating levy elections, typically $4,000 or more on each occasion, and significantly reduce staff time spent in planning for the uncertainties that would accompany the failure to pass an annual operating levy. With a new taX base in place, local taxpayers will continue to maintain appropriate control of the "process". The Ballot Measure § limitations referred to above place very distinct and specific limits on the amount of property taxes that can be collected by any entity. Also, the structured local budget process, mandated by state law, affords opportunity for public input, at various steps of the process, regarding the makeup of the budget. Attached for your review is the tentative explanatory statement for the General Election voters' pamphlet. This statement is required to be submitted along with the ballot title. As you know, individuals or groups may also submit arguments for inclusion in the voters' pamphlet advocating their support or opposition regarding any measure. EXPLANATORY STATEMENT FOR PRINTING IN THE MARION COUNTY VOTER PAMPHLET Election Date November 8, 1994 IOA Approval of this measure will establish a new $1,895,000 tax base for the City of Woodburn. The existing tax base of $209,060, initially authorized in 1916, is insufficient to fund the current level of city services. Passage of this new tax base will give the city an important degree of stability but, due to the limitations of Ballot Measure 5 (passed in 1990), will not increase the property tax rate paid by city residents for general government purposes. Currently, the City of Woodburn must seek voter approval of a one-year operating levy every year. This is costly, consumes additional time for the annual budget process and hinders the city's ability to plan for long-term solutions. Escalating tax rates are prevented by Ballot Measure 5~s limitations. Taxpayers maintain further control through the structured budget committee process which provides for public input at various stages of the process. The one or more elections required to seek voter approval of every annual operating levy cost~ taxpayers money; typically $4,000 or more on each occasion. Only the Primary and General elections, in even-numbered years, are cost-free and the city is required by law to utilize one 'or both of these "free" elections for continued attempts to pass an updated tax base. Because of the time lines necessary to place a one-year operating levy before the voters in either March or May every spring, the city must usually complete its budget process by mid-February, almost five months before the beginning of the fiscal year to which the budget applies. With a dependable updated tax base, the city could, like many other local governmental entities, conduct its budget process later each spring and take advantage of more accurate projections of working capital carryovers and other non-tax revenues. Woodburn is now approximately the 23rd largest city in Oregon (out of some 240 different incorporated towns and cities). However, few similar-sized cities in Oregon are as completely dependent on the outcome of an annual levy as Woodburn. The need to submit an annual levy places a continuing degree of uncertainty on the continuation of a majority of the city's public safety and other mandated programs. Specific city services which will benefit from the stability afforded by an up-to-date tax base include Public Safety (police, 9-1-1 dispatch and code enforcement), RSVP, Transit and Dial-a-ride programs, and all other basic city hall finance, maintenance and administration functions. Under Measure 5, taxpayers are guaranteed that the property tax rate for all non-school general government entities (excluding bonded debt) will not exceed $10 per $1,000 of Assessed Value. The city benefits in that its relative proportion of those tax dollars available are maintained in respect to other general government entities (Marion County and the Woodburn Fire District). Unlike the city, those entities already have sufficient tax base amounts without going to the voters for annual levies and are assured of their relative proportion of available general government tax dollars. Total Words 497 (NOTE: This statement must not exceed 500 words) Authorized Signature Local Government Unit City of Woodburn Title City Administrator MARCOFORM-c~3:VPEXPSTM.FRM 11193 IOA COUNCI'L BILL NO. i~'77 ORD'rN~CE NO. AN ORDINANCE PROVIDING FOR THE CALLING OF A CITY TAX BASE ELECTION IN THE CITY OF WOODBURN ON NOVEMBER Sv 1994v FOR THE PURPOSE OF SUBMITTING TO THE LEGAL VOTERS OF THE CITY OF NOODBURN, OREGON~ A NEW TAX BASE IN THE AMOUNT OF $1,895,000, AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Woodburn, Oregon, has determined that a new tax base should be established as authorized by Article XI, Section 11, Oregon Constitution, in order to permit the proper operation of the City's affairs within the limitation contained in Section 11, Article XI, Oregon Constitution, and WHEREAS, in order to comply with Oregon Revised Statutes 310.402 through 310.404, it is necessary to submit the question of establishing a new tax base to the legal voters of the City of Woodburn, now, therefore, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. A new tax base of $1,895,000 is hereby established for the City of Woodburn, Oregon, effective July 1, 1995. Section 2. That the measure set forth in Exhibit A, attached hereto and incorporated herein by reference, shall be submitted in the manner prescribed in this ordinance to the legal voters of the City of Woodburn, Oregon, at a City tax base election to be held on November 8, 1994. Section 3. Said election shall be held in accordance with the applicable provisions of law. The appropriate notices shall be given as provided by applicable law. Section 4. There is a regular state-wide general election being held in the State of Oregon on Tuesday, November 8, 1994, and this City tax base election is called to be held concurrently therewith as a part thereof. Section 5. That the governing body of the city of Woodburn, Oregon, certifies to the Marion County Clerk that it has complied with the requirements of ORS 310.180 thr.~qgh 310.188 regarding tax coordination. Page I - COUNCIL BILL NO. ORDINANCE NO. IOA Section 6. This ordinance being necessary for the public peace, health and safety, in that this ordinance must be promptly filed with the City Recorder and submitted to the County Clerk to meet legal deadlines, an emergency is declared to exist and this ordinance shall take effect immediately upon passage bythe Council and approval by the Mayor. Approved as to Form: city Attorney APPROVED LEN KELLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. ORDINANCE NO. Exhibit A CITY OF WOODBURN General Election - November 8, 199a, IOA Submitted to the Voters by the City Council ESTABLISH NEW CITY TAX BASE Question: Shall the City of Woodburn be authorized a $1,895,000 tax base beginning with the 1995-96 Fiscal Year? Summary: This measure will establish a new city tax base of $1,895,000, replacing the current tax base of $209,060, which was established in approximately 1916. City functions funded entirely or in part by the proposed tax base include police services, 9-1-1, code enforcement, municipal court, finance and administration, transit system, RSVP program and other support activities. Continuing growth in recent years has increased demand for city services. The proposed new tax base represents the combination of the existing tax base and the approximate amount of the additional one-year operating levy that the city would otherwise need to maintain current service levels during Fiscal Year 1995-96. The new tax base will help maintain the city's relative share of the $10 per $1,000 (of assessed value) in nonschool taxes available for collection under current limitations. This tax levy is subject to the limits of section 11b, Article Xl of the Oregon Constitution and the revenues to be raised will be used exclusively by the city for other governmental (nonschool) purposes. Within these limits, approval of this measure would reduce the property tax collections of other nonschool district units of government available under the provisions of section 11b, Article XI, Oregon Constitution and implementing legislation. lOB TO: FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator ~ Executive Summary - NW Natural Gas Franchise Renewal August 16, 1994 RECOMMENDATION: Approve accompanying Council Bill / Ordinance granting Northwest Natural Gas. Company (NWNG) a ten-year non-exclusive franchise renewal. BACKGROUND: The current twenty-year NWNG franchise expires in August of this' year. Since April the City Administrator, with assistance from staff and the City Attorney, has been working with NWNG representatives to develop an appropriate franchise renewal document. The proposed ordinance reflects the results of these discussions and represents a franchise agreement which we believe suitably addresses the city's interests and concerns. NWNG has been extremely cooperative in working with the city to develop and refine the terms of the agreement. KEY TERMS OF PROPOSED FRANCHISE ORDINANCE: ordinance, agreed to by NWNG, include the following: Highlights of the franchise 1) Ten-year franchise term, rather than the previous twenty years. Allows for more flexibility in addressing changing technologies, city growth, etc. 2) Revised construction requirement language reflects "1990's" needs and should enhance the already good professional working relationship between NWNG and the city's Public Works Department. 3) Includes language (including compensation) regulations. allowing renegotiation of specific franchise provisions if they are affected by changes in state law or PUC 4) Includes provision that the city may enact a utility impact fee (privilege tax) over and above the established 3% franchise fee, upon proper notice being given to NWNG. 5) Continues quarterly payment of franchise fees, payable 30 days after the end of each calendar quarter. Staff recommends approval of this ordinance. lOB COUNCIL BILL NO. ORDINANCE NO. /57~ AN ORDINANCE GRANTING A NON-EXCLUSIVE GAS UTILITY FRANCHISE TO NORTHWEST NATURAL GAS COMPANY, FIXING TERMS, CONDITIONS AND COMPENSATION THEREUNDER, REPEALING ORDINANCE NO. 1442 AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1: Definitions and Explanations. (1) As used in this ordinance. (a) "Bridge" includes a structure erected within the City to facilitate the crossing of a river, stream, ditch, ravine or other place, but does not include a culvert. (b) "City" means the CITY OF WOODBURN and the area within its boundaries, including its boundaries as extended in the future. (c) "Council" means the legislative body of the City. (d) "Grantee" means the corporation referred to in Section 2 of this ordinance. (e) "Gas mains" includes all gas transmission and distribution facilities located on or under any street, bridge or public place within the City. (f) "Person" includes an individual, corporation, association, firm, partnership and joint stock company. (g) "Public place" includes any city-owned park, place or grounds within the City that is open to the public but does not include a street or bridge. (h) "Street" includes a street, alley, avenue, road, boulevard, thoroughfare or public highway within the City, but does not include a bridge. Page 1 Council Bill No. Ordinance No. lOB (2) As used in this ordinance, the singular number may include the plural and the plural number may include the singular. (3) Unless otherwise specified in this ordinance, any action authorized or required to be taken by the City may be taken by the Council or by an official or agent designated by the Council. Section 2: Rights Granted. Subject to the conditions and reservations contained in this ordinance, the City hereby grants to NORTHWEST NATURAL GAS COMPANY, a corporation, the right, privilege and franchise to: (1) Construct, maintain and operate a gas utility system within the City. (2) Install, maintain and operate on and under the streets and bridges and public places of the City, facilities for the transmission and distribution of gas to the City and its inhabitants and to other customers and territory beyond the limits of the City; and (3) Transmit, distribute and sell gas. Section 3: Use of Bridges and Public Places by Grantee. Before the Grantee may use or occupy any bridge or public place, the Grantee shall first obtain permission from the City to do so and shall comply with any special conditions the City desires to impose on such use or occupation. (2) The compensation paid by the Grantee for this franchise includes compensation for the use of bridges and public places located within the City as authorized. Section 4. Duration. This franchise is granted for a period of ten (10) years from and after the effective date of this ordinance. Section 5. Franchise Not Exclusive. This franchise is not exclusive, and shall not be construed as a limitation on the City in: Page 2 CouncilBillNo. Ordinance No. 10B (1) Granting rights, privileges and authority to other persons similar to or different from those granted by this ordinance. (2) Constructing, installing, maintaining or operating any City-owned public utility. Section 6. Public Works and Improvements Not Affected by Franchise. The City reserves the right to: Construct, install, maintain and operate any public improvement, work or facility; (2) Do any work that the City may find desirable on, over or under any street, bridge or public place. (3) Vacate, alter or close any street, bridge or public place. (4) Whenever the City shall excavate or perform any work in any of the present and future streets, alleys and public places of the City, or shall contract, or issue permits, for such excavation or work where such excavation or work may disturb Grantee's gas mains, pipes and appurtenances, the City shall, in writing, notify Grantee sufficiently in advance of such contemplated excavation or work to enable Grantee to take such measures as may be deemed necessary to protect such gas mains, pipes and appurtenances from damage and possible inconvenience or injury to the public. In any such case, the Grantee, upon request, shall furnish maps or drawings to the City or contractor, as the case may be, showing the approximate Iooation of all its structures in the area involved in such proposed excavation or other work. (5) Whenever the City shall vacate any street or public place for the convenience or benefit of any person or governmental agency and instrumentality other than the City, Grantee's rights shall be preserved as to any of its facilities then existing in such street or public place. Section 7: Continuous Service. The Grantee shall maintain and operate an adequate system for the distribution of gas in the City. The Grantee shall use due diligence to maintain continuous and uninterrupted 24- hour a day service which shall at all times conform at least to the standards common in the business and to the standards adopted by state authorities and to standards of the City which are not in conflict with those adopted by the state authorities. Under no circumstances shall the Grantee be liable for an interruption or failure of service caused by Page 3 Council Bill No. Ordinance No. 10B act of God, unavoidable accident or other circumstances beyond the control of the Grantee through no fault of its own. Section 8: Safety Standards and Work Specifications. (1) The facilities of the Grantee shall at all times be maintained in a safe, substantial and workmanlike manner. (2) For the purpose of carrying out the provisions of this section, the City may provide such specifications relating thereto as may be necessary or convenient for public safety or the orderly development of the City. The City may amend and add to such specifications from time to time. Section 9: Control of Construction. The Grantee shall file with the City maps showing the location of any construction, extension or relocation of its gas mains in the streets of the City and shall obtain from the City approval of the location and plans prior to commencement of the work. All work done within the corporate limits of the City shall be done in the location approved by the City Engineer and in accordance with plans and specifications approved by the City Engineer. The City Engineer's approval of the plans and specifications may include conditions and the conditions shall be binding on the Grantee. Such construction work shall be done in a safe manner subject to the approval of the City Engineer and in accordance with requirements of applicable Federal and State laws and City ordinances. All work done shall be subject to the rejection or correction requirements of the City Engineer and subject to the City Engineer's approval. The City may require the Grantee to obtain a permit before commencing the construction, extension or relocation of any of its gas mains. Section 10: Street Excavations and Restorations. (1) Subject to the provisions of this ordinance and under direction of the City Engineer, the Grantee or its subcontractor may make necessary excavations for the purpose of constructing, installing, maintaining and operating its facilities. In all circumstances pertinent to this agreement, any action by the Grantee's subcontractors shall be the responsibility of the Grantee. Any subcontractor of the Grantee shall be bound to the requirements of this agreement. Except in emergencies, prior to making an excavation in the traveled portion of any street, bridge or public place, and, when required by the City, in any untraveled portion of any street, bridge or any public place, the Grantee shall obtain from the City approval of the proposed excavation and of its location. Grantee shall give notice to the City by telephone, electronic data transmittal or other appropriate means as soon as is practicable after the commencement of work performed under emergency Page 4 CounciI Bill No. Ordinance No. 10B (2) conditions. The City may require the Grantee to obtain a permit before excavating. When any excavation is made by the Grantee, the Grantee or its subcontractor shall promptly restore the affected portion of the street, bridge or public place to the same condition in compliance with any permits issued by the City and any specifications, requirements and regulations of the City in effect at the time of such restoration. All work done shall be subject to the rejection or correction requirements of the City Engineer's approval. If the Grantee or its subcontractor fails to restore promptly the affected portion of the street, bridge, or public place to the same condition in which it was prior to the excavation, the City may make the restoration, and the cost thereof shall be paid by the Grantee. Section 11: Location and Relocation of Facilities. (1) All facilities of the Grantee shall be placed so that they do not interfere unreasonably with the use by the City and the public of the streets, bridges and public places and in accordance with any specifications adopted by the City governing the location of facilities. (2) The City may require, in the public interest, the removal or relocation of facilities maintained by the Grantee in the streets of the City, and the Grantee shall remove and relocate such facilities within a reasonable time after receiving notice to do so from the City. The cost of such removal or relocation of its facilities shall be paid by the Grantee, but when such removal or relocation is required for the convenience or benefit of any person, governmental agency or instrumentality other than the City, Grantee shall be entitled to reimbursement for the reasonable cost thereof from such person, agency or instrumentality. Section 12: Compensation. (1) As compensation for the franchise granted by this ordinance, the grantee shall pay to the City an amount equal to three percent (3%) of the gross revenue collected by the Grantee from its customers for gas consumed within the City. "Gross revenue" as used in this ordinance shall be deemed to include any revenue earned within the City from the sale of natural gas after deducting from the total billings of the Grantee the total net writeoff of uncollectible accounts. Gross revenues shall include revenues from the use, rental or lease of operating facilities of the utility other than residential-type space and water heating equipment. Gross revenues shall not include proceeds from the sale of bonds, mortgage or other evidence of indebtedness, securities or stocks, revenues derived from the sale or Page 5 Council Bill No. Ordinance No. lOB transportation of gas supplied under an interruptible tariff schedule, sales at wholesale to a public utility when the utility purchasing the service is not the ultimate consumer, or revenue paid directly by the United States of America or any of its agencies. (2) The City shall retain the right, as permitted by Oregon Law, to charge a privilege tax in addition to the franchise fee set forth herein based on the gross revenues of the company, payable on the same terms and conditions as the franchise fee itself. Such privilege tax may be implemented during the term of this franchise provided that, if enacted after the effective date, the City shall provide the Grantee with sixty (60) days' notice prior to the effective date of the ordinance enacting the tax. (3) The compensation required by this section shall be due for each calendar quarter, or fraction thereof, within thirty (30) days after the close of such calendar quarter, or fraction thereof. Within thirty (30) days after the termination of this franchise, compensation shall be paid for the period elapsing since the close of the last calendar quarter for which the compensation has been paid. (4) The Grantee shall furnish to the City Finance Director with each payment of compensation required by this section a written statement, under oath, executed by an officer of Grantee showing the amount of gross revenue of the Grantee within the City for the period covered by the payment computed on the basis set out in subsection (1) of this section. The compensation for the period covered by the statement shall be computed on the basis of the gross revenue so reported. If the Grantee fails to pay the entire amount of compensation due the City through error or otherwise, the difference due the City shall be paid by the Grantee within fifteen (15) days from discovery of the error or determination of the correct amount. Any overpayment to the City through error or otherwise, shall be offset against the next payment due from the Grantee. (5) Acceptance by the City of any payment due under this section shall not be deemed to be a waiver by the City of any breach of this franchise occurring prior thereto, nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due, or from collecting any balance due to the City. Section 13: Books of Account and Reports. The Grantee shall keep accurate books of account at an office in Oregon for the purpose of determining the amounts due to the City under section 12 of this ordinance. The City may inspect the books of account at any time during business hours and may audit the Page 6 Council Bill No. Ordinance No. 10B books from time to time. The Council may require periodic reports from the Grantee relating to its operations and revenues within the City. Section 14: Classification of Fees. The City Council determines that any fees imposed by this franchise are not taxes subject to the property tax limitations of Article XI, Section 11 (b) of the Oregon Constitution. Section 15: Collection Facilities. The Grantee may maintain facilities in the City where its customers may pay their bills for gas service during normal business hours. Section 16: Supplyin.q Maps Upon Request. The Grantee shall maintain on file, at an office in Oregon, maps and operational data pertaining to its operations in the City. The City may inspect the maps and data at any time during business hours. Upon request of the City, the Grantee shall furnish to the City, without charge and on a current basis, maps showing the location of the gas mains of the Grantee in the City. Section 17: Indemnification. The Grantee shall indemnify and save harmless the City and its officers, agents and employees from any and all loss, cost and expense arising from damage to property and/or injury to, or death of, persons due to any wrongful or negligent act or omission of the Grantee, its agents or employees in exercising the rights, privileges and franchise hereby granted. Section 18: No Recourse Aqainst City. Grantee shall have no recourse whatsoever against the City or its officials, boards, commissions, agents or employees for any loss, cost, expense or damage arising out of any provision or requirement of this franchise or because of the enforcement of this franchise or in the event this franchise or any part thereof is determined to be invalid. Section 19: Sale or Assiqnment of Franchise. The Grantee shall not during the term of this Franchise sell, assign, transfer or convey this franchise without first obtaining the consent of the City Council, by ordinance, which Page 7 Council Bill No. Ordinance No. lOB consent shall not be unreasonably withheld, and that all of the provisions shall inure to and bind the successors and assigns of the Grantee; and whenever the Northwest Natural Gas Company shall be mentioned in this ordinance, it shall be understood to include such successors or assigns in interest of the Northwest Natural Gas Company as shall have been so consented to by the City Council. Section 20: Termination of Franchise for Cause. Upon the willful failure of the Grantee, after sixty (60) days' notice and demand in writing, to perform promptly and completely each and every term, condition or obligation imposed upon it under or pursuant to this ordinance, the City may terminate this franchise, subject to Grantee's right to a court review of the reasonableness of such action. Section 21: Renegotiation of the Franchise. If the State of Oregon or the PUC amends or adopts a state statute or administrative rule that would affect a term, condition, right or obligation under this agreement, either party may reopen the franchise agreement at any time with regard to such term, conditions, right or obligation in order to address the change required or allowed by the new or amended state statute or administrative rule. Section 22: Remedies Not Exclusive, When Requirement Waived. All remedies and penalties under this ordinance, including termination of the franchise, are cumulative, and the recovery or enforcement of one is not a bar to the recovery or enforcement of any other such remedy or penalty. The remedies and penalties contained in this ordinance, including termination of the franchise, are not exclusive and the City reserves the right to enforce the penal provisions of any ordinance or resolution and to avail itself of any and all remedies available at law or in equity. Failure to enforce shall not be construed as a waiver of a breach of any term, condition or obligation imposed upon the Grantee by or pursuant to this ordinance. A specific waiver of a particular breach of any term, condition or obligation imposed upon the Grantee by or pursuant to this ordinance shall not be a waiver of any other or subsequent or future breach of the same or of any other term, condition or obligation, or a waiver of the term, condition or obligation itself. Section 23: Prior Ordinance Repealed. Ordinance No. 1442 is hereby repealed. Page 8 Council Bill No. Ordinance No. Section 24: Acceptance. The Grantee shall, within thirty (30) days from the date this ordinance takes effect, file with the City its written unconditional acceptance of this franchise in the form attached hereto as Exhibit "A", and if the Grantee fails so to do, this ordinance shall be void. 10B Section 25: Emer.qency 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, and shall be valid for a term of franchise as stated in Section 4 and provided that the Grantee files its acceptance as stated in Section 24. Approved as to form: /s/ N. Robert Shields City Attorney Date APPROVED: Len Kelley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 9 Council Bill No. Ordinance No. 10B EXHIBIT "A" ACCEPTANCE OF FRANCHISE WHEREAS, the City of Woodburn, Oregon, under date of , passed Ordinance No. entitled as follows: AN ORDINANCE GRANTING A NON-EXCLUSIVE GAS UTILITY FRANCHISE TO NORTHWEST NATURAL GAS COMPANY, FIXING TERMS, CONDITIONS AND COMPENSATIONTHEREUNDER, REPEALING ORDINANCE NO. 1442 AND DECLARING AN EMERGENCY. NOW, THEREFORE, the undersigned Northwest Natural Gas Company, the grantee named in said Ordinance, does for itself and its successors and assigns unconditionally accept the terms, conditions and provisions of Ordinance No. ~ and agrees to be bound thereby and comply therewith. IN WITNESS WHEREOF, the Northwest Natural Gas Company has caused this instrument to be executed by its officer as below subscribed this day of · 1994 NORTHWEST NATURAL GAS COMPANY By: Printed Name: Title: Received by the City of Woodburn this CITY OF WOODBURN day of , 1994. By: Printed Name: Title: 10C MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager/~/~ Special Transportation Fund Agreement for FY 94-95 August 12, 1994 RECOMMENDATION: Approve the attached resolution entering into an agreement known as the "STF-8 Agreement" with Salem Area Transit District to receive $15,000.00 in Special Transportation Funds. BACKGROUND: The Special Transportation Fund (STF) is derived from a portion of the State cigarette tax and dedicated for use in providing transportation for the elderly and disabled. The City Dial-A-Ride program has received STF grant funds since 1988. The State allocates the funds by formula to each county and in Marion County these grant funds are administered by the Salem Area Transit District. Through the Grant Application process the City was awarded $15,000.00 for its Dial-A-Ride Program to provide transportation for elderly and disabled residents of the community. This amount is the same as was received in FY 93-94. The agreement presented this year is identical to the one approved last year with the exceptions of changes resulting from a different amount of grant funds being awarded and budget modifications to accommodate the new grant, Staff recommends that the resolution be approved authorizing the Mayor to sign the agreement on behalf of the city. STFFY94.95 RR:bw 10C COUNCIL BILL NO. /--~-'~9 RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE SALEM AREA TRANSIT DISTRICT KNOWN AS THE "STF-8 AGREEMENT", FOR FY 1994-95 AND AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT. WHEREAS, the City of Woodburn applied for Special Transportation funds for Fiscal year 1994-95 as approved for under Oregon Statute, and WHEREAS, the City of Woodburn has been awarded $15,000 in operational assistance for the Dial-A-Ride program. WHEREAS, the Salem Area Transit District administrates the Special Transportation Fund for Marion County. NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with the Salem Area Transit District, which is attached as exhibit "A" and by this reference incorporated herein, to secure Special Transportation Funds for Dial-A-Ride operating assistance. Section 2. That the Mayor is authorized to execute and the City Administrator to administer said agreement on behalf of the City. Approved as to form:~,~r-~ City Attorney APPROVED: Len Kelley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. 10C EXHIBIT "A" Due to its length the "STF-8 Agreement" has not been included in the agenda package. A copy of the agreement is attached to the original resolution. Copies will be available for inspection at the Council meeting if desired. IOD MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager ~~ Amendment to Cooperative Agreement for Signal Improvements at Evergreen Road/Highway 214 Intersection August 12, 1994 RECOMMENDATION: Approve the attached resolution authorizing the mayor and city recorder to sign agreement amendment on behalf of the city. BACKGROUND: Council approved cooperative improvement agreement 11,341 with the state by passing Resolution 1146 on October 12, 1992. This agreement was for improving the existing traffic signal located at the Evergreen Road and Highway 214 intersection. The agreement called for the state to do the preliminary engineering and design for the signal modification. These costs would have been passed on to the developers of the property north of the intersection. These developers chose to have a consultant prepare the plans and specifications. The plans have been completed and are currently being reviewed by the state. The state required that this supplement be prepared and approved since they no longer were preparing the plans and specifications. Staff recommends the resolution be approved. 1OD COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO AN AMENDMENT TO COOPERATIVE IMPROVEMENT AGREEMENT NO 11,341 TO REVISE RESPONSIBILITY FOR COMPLETION OF SIGNAL PLANS TO IMPROVE THE SIGNALIZED INTERSECTION AT EVERGREEN ROAD AND HIGHWAY 214 AND AUTHORIZING THE MAYOR AND CiTY RECORDER TO SIGN SUCH AGREEMENT. WHEREAS, ORS Chapter 366 authorizes cooperative agreements between the state and a city for performance of improvement projects, and WHEREAS, The Woodburn City Council approved Resolution 1146 on October 12, 1992 authorizing entering into Cooperative Agreement No. 11341, and WHEREAS, Signal plans have been completed by forces other than those of the state requiring modification of agreement obligations, and WHEREAS, It is in the best interest of the city to enter into an amendment to revise the design responsibilities for the signal at Evergreen Road and Highway 214, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an amendment to Cooperative Improvement Agreement 11,341 which is attached as Exhibit "A" and by this reference incorporated herein with the State of Oregon to revise the responsibility for completion of signal plans to improve the signalized intersection at Evergreen Road and Highway 214. Section 2. agreement on behalf of the City of Woodburn. Approved as to form: City Attorney That the Mayor and City Recorder are authorized to sign said APPROVED: Len Kelley, Mayor Page I- COUNCIL BILL NO. RESOLUTION NO. August 2, 1994 Miscellaneous Contracts & Agreements No. 11,341 1OD AMENDMENT NO. 1 COOPERATIVE WORK AGREEMENT The State of Oregon, acting by and through its Department of Transportation (State) and the City of Woodbum, acting by and through its elected officials (City), entered into Cooperative Improvement Agreement No. 11,341 on November 4, 1992. Said agreement concerns ex)operatively improving the signalized intersection of Hillsboro/Silverton Highway No. 140 and Evergreen Road in Woodbum. State and City have now determined that the aforementioned agreement, although remaining in full force and effect, shall be amended by this document to show a change in obligations between the parties hereto. Any further reference to the aforementioned Agreement No. 11~341 shall be amended as follows: STATE OBLIGATIONS, paragraph 4, which reads: All work directly associated with upgrading the existing signal to a full intersection signal, including preliminary engineering and design work required to produce signal plans, specifications and cost estimates, and including trenching and modifications to existing traffic signal system, but excluding work to be performed by City forces as stated in City Obligations No. 2, will be accomplished by State forces. shall now be CITY OBLIGATION, paragraph 8, and shall read: City shall arrange for all work directly associated with upgrading the existing signal to a full intersection signal, including preliminary engineering and design work required to produce signal plans, specifications and cost estimates, and including trenching and modifications to existing traffic s.ignal system. EXHIBIT "a" AMENDMENT to: Contract # 11,341 CITY of WOODBURN IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. The Oregon Transportation Commission, by a duly adopted delegation order, authorized the State Highway Engineer to sign this agreement for and on behalf of the Commission. Said authority has been further delegated tO the State Traffic Engineer by Subdelegation Order HWY-4, paragraph 3. APPROVAL RECOMMENDED By Region Manager Date STATE of OREGON, by and through its Department of Transportation By Traffic Engineer Date APPROVED AS TO LEGAL SUFFICIENCY By Asst. Attorney General Date CITY OF WOODBURN, by and through its Elected Officials By Mayor By City Recorder Date 10E MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager x4~/'~ Transportation Growth Management (TGM) Grant Agreement August 12, 1994 RECOMMENDATION: Approve the attached resolution authorizing the mayor to sign on behalf of the city a TGM program grant agreement to allow the city to receive $35,000 to be used to complete a Transportation System Plan. BACKGROUND: The city applied for a TGM grant to assist the city in completing a transportation system plan. The system plan is required to comply with the Transportation Planning Rule enacted by the 1991 legislature. The city was subsequently awarded a grant of $35,000 to assist in completing this plan. These funds will be utilized to acquire professional services of a consultant to work with city staff, the transportation task force and citizens in the development of this plan that will look at the transportation needs of the city through the year 2011. Staff recommends that the resolution be approved. IOE COUNCIL BILL NO. /b-~/ RESOLUTION NO. A RESOLUTION ENTERING INTO TGM ISTEA GRANT AGREEMENT 12829 WITH THE STATE OF OREGON TO RECEIVE $35,000 FOR A PROJECT TO COMPLETE A TRANSPORTATION SYSTEM PLAN FOR THE CITY OF WOODBURN AND AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT. WHEREAS, ORS 190.110 and 283.110 authorize the State to enter into agreements with a city for performance of a project, and WHEREAS, The State offered grants under the Transportation and Growth Management (TGM) program financed by federal Intermodal Surface Transportation Efficiency Act (ISTEA) and lottery funds, and WHEREAS, The City applied for and received approval for $35,000 in TGM grant funds to assist in completion of a transportation system plan for the city, and WHEREAS, It is in the best interest of the City to enter into an agreement to receive funds to assist in completion of a transportation system plan, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into TGM ISTEA Grant Agreement 12829 which is attached as Exhibit "A" and by this reference incorporated herein with the State of Oregon to receive $35,000 for a project to complete a transportation system plan. Section 2. That the Mayor is authorized to sign said agreement on behalf of the City of Woodburn. Approved as to form:~''~~~~~---~--'~ City Attorney APPROVED: Len Kelley, Mayor Page 1 - COUNCIL BILL NO. RESOLUTION NO. 10E EXHIBIT "A" Due to its length the TGM ISTEA Agreement Grant 12829 has not been included in the agenda package. A copy of the agreement is attached to the original resolution. Copies will be available for inspection at the Council meeting if desired. 1OF CITY OF WOODBURN POLICE DEPARTMENT 270 Montgomery S~t~-~ Woodburn, Oregon 97071 Paul E. Null . (~.!~ Patrol Operat~ofls-Lieutenant 982-2345 Ext. 352 To: Thru: Subject: Mayor and Council Chris Childs, City Administrator Liquor License Request - Playa de Oro, 553 N. Front Street After reviewing the attached police department staff report on the liquor license request from Playa de Oro, the city council may consider the following options: 1. Make an affirmative endorsement to OLCC with additional licensing conditions as presented in the attached staff report. Accept the police departments recommendation of a negative endorsement to OLCC. To insure due process the ~ouncil should take no action at this time and ~et a date for a public hearing to allow the applicant an _oppo_ rtunity to be heard. If the applicant wishes to waive their right to thc public hearing, thc council may take action on the license request at this council meeting by not approving the liquor license request for Playa de Oro. · 1OF City of Woodburn Police DepartmentMEMORA ND UM 270 Montgomery Street Don Eubank, Ueutenant Criminal Operations Woodburn, Oregon 97071(503) 982-2345 Ext. 351 Date: August 11, 1994 To: Mayor and Council Thru: C. Childs, City Administrator Subject: Liquor License Request - Playa de Oro, 553 N. Front St. Change of Ownership DA License for applicant premises Applicant: Mr. Salvadore Rodriguez Authority: Council Bill 1276, dated 021291 ORS 471.210...Local government recommendations... ORS 471.295...Grounds for refusing to issue a license Illegal Activities, Disturbances The liquor commission may refuse a license if the owner/operator, employees or customers of the business are involved in illegal activities in or near the business or there is a serious and persistent problem with fights, noisy activities or other disturbances in or around the business. Illegal Activities Included are; selling alcohol to a visibly intoxicated person, selling alcohol to minors, making alcohol available to minors through other people (called furnishing), selling alcohol between 2:30 a.m. and 7 a.m., licensee or employee drinking on duty, illegal drug use or sale, lewd conduct and prostitution· 1OF Playa de Oro Disorderly Activities Included are; assaults, fights, harassment, vandalism, excessive noise, public urination, public drunkenness, and trespassing on private property. Council policy directs the police department to automatically recommend denial of a renewal application where there is a record of ten arrests, over the prior 12 months of employees or patrons of the licensed business for unlawful activities related to the sale or service of alcohol under the license either on the premises or in the immediate vicinity. As this is a Change of Ownership, DA License request, not a New Outlet, City Ordinance 1276 is applicable as a Liquor License Renewal. CALLS FOR SERVICE In the year 1993 the police department responded to 21 calls for service at 553 N. Front St., formerly The New Club Cafe. These responses resulted in 13 arrests, one of which was the previous licensee Juan T. Ruiz on Federal charges of delivery of a controlled substance, cocaine. These transactions occurred between May 1992 and October 1993. From April 1, 199.4 until August 11, 1994 there have been two 2 calls for service in the area of this address. One was a warrant arrest in the alley near the bar entrance and the other was a traffic incident on the street in front of the business. A copy of the RAIN Display Incidents print out is attached as Exhibit 1. TWO LIFE THREATENING INCIDENTS In September of 1993 a man was shot in the leg near the rear door of this establishment. This person was a 'regular" customer and was in this establishment just prior to the shooting. (WPD Case 93-6514) In October of 1993 a man was shot in the chest area at the corner of Front and Grant street. This shooting was done by a member of the HOBZ Gang who claim the downtown area as their "turf". (WPD Case 93-7907) 2 1OF Playa de Oro PRIOR DRUG ACTIVITIES Prior to Juan T. Ruiz's purchase of this establishment, the former owner's daughter, who was a bartender at this establishment, then called the Alley Lounge/Club Cafe, was involved in drug sales. While working and on duty as a bartender, she made phone calls and facilitated cocaine sales to an undercover agent. The defendant was arrested on warrants issued for Delivery of Cocaine when she was in the bar, off duty, drinking alcohol. Cocaine was found in her purse at the time of arrest. This incident along with the activities of Juan T. Ruiz show a history of drug sales and related activity at this location. Within the last 30 days a Confidential Reliable Informant (CRI) has been in several businesses in the downtown area including Playa de Oro for the purpose of contacting drug dealers for the purchase of drugs. The CRI did not contact any drug dealers in Playa de Oro. He was told by drug dealers that they do not hang out in that business because they do not serve alcohol and it is difficult to hang out without drinking alcohol because they look suspicious. OLCC DENIAL OF 90 DAY TEMPORARY AUTHORITY Attached as part of this staff report is OLCC's staff report, Exhibit 2, is a denial of a 90 Day Temporary Authority to Dispense Class A Alcohol. The reasons given were based on significant public safety concerns. Even though Mr. Rodriguez was not involved with this business at this time, many incidents are listed that show public safety concerns and the probability of continued illegal activity such as drug sales, fights, and serious assaults. Recommendafioh: As a result of the premise history of serious and persistent problems and various negative activities that have occurred on or around the premises of §53 N. Front St. when it was a licensed premise; It is recommended that the Woodburn City Council send a negative endorsement to the Oregon Liquor Commission. In the event that OLCC would rule in favor of Mr. Rodriguez to receive a Class A Dispenser License for theses premises, the following information and recommendations are presented. 3 1OF Playa de Oro As stated in the denial from OLCC to Mr. Rodriguez, he did not write an adequate compliance plan to overcome the premises' history of serious and persistent problems. Since this denial Mr. Rodriguez has obtained an attorney and met with Chief Wright briefly and OLCC at length. On July 29th the Woodburn Police Department received a letter from Applicant Salvadore Rodriguez's attorney, Carol Bartlett, which included "Policies to Ensure Against Illegal Drug Sales" (Exhibit 3) and a listing of "Playa de Oro Signs" (Exhibit 4). Exhibit 3 are mostly OLCC Administrative Rules and are required. Exhibit 4 along with the conditions listed below are recommended to the Council as Special Conditions to be attached to the License for Playa de Oro should OLCC rule in favor of the applicant. These Special Conditions are necessary for the safety of the Playa de Oro establishment, their patrons and the citizens of Woodburn. If Mr. Rodriguez were to follow these conditions to the letter and if a license were granted by OLCC, we are confident that his chances of success would be greater. CONDITIONS OF LICENSE The following Compliance Plan along with Exhibits 3 and 4 are necessary for the service of alcohol in the event the Oregon Liquor Commission rules in favor of Mr. Salvadore Rodriguez in the issuance of a Liquor License for operation of Playa de Oro Restaurant and Lounge, 553 N. Front Street, Woodburn, Oregon, 97071. Service hours of alcohol shall be limited from 11 a.m. until midnight daily. Drink Limit..Patrons will be limited to 2 drinks per hour and to 5 drinks in any single day. Service Hours and Drink Limits will be clearly posted in both English and Spanish advising patrons of this policy. No live music, Karaoke, mud wrestling, etc. will be conducted on these premises. Owner/Manager shall schedule a Special Conditions class for all employees in conjunction with OLCC and the Woodburn Police Department prior to any service of alcohol. 4 1OF Playa de Oro 10. 11. 12. 13. 14. All employees involved in the' service of alcohol shall attend and complete server education classes provided by the Oregon Liquor Commission. Any and all law violations will be immediately reported to the' police. When there is an incident that requires statements, involved emPloyees shall immediately respond to the Police Department and cooperate fully with the investigation. Video Tapes .and replays, of these taPes will be immediately available to the police on request. Persons working security will wear a uniform that clearly identifies them as "SECURITY". The uniform will not be blue or black in color. If a badge is worn it shall be a shield variety, not a star. City Ordinance 1839 explains details of requirements for Private Security. Security will make sure that persons are not loitering in or around the.building by making physical checks of all areas every half hour including, bathrooms, pool room, cafe area, alley way, rear door and Front Street entrance to cafe. All suspicious persons and activity will immediately be reported to the police. Surveillance cameras will be on dUring all hours of operation when alcohol is served. Tapes will be made available to the police immediately on request for viewing and if necessary, for seizure as evidence. .Surveillance cameras shall be .mounted in such a manner as to view from the rear of the bar out to the customer area to capture faces. This also include the pool room area. More than one camera may be necessary to cover the entire. establishment. Tapes will be made available to the police immediately on request for viewing and if necessary, for seizure as evidence. Food will be available at all times when alcohol is being served. Anyone who becomes verbally offensive or engages in fighting or disorderly conduct will be barred permanently. A log of all persons barred will be kept by the duty bartender and will be made available to the police upon request. Replays of the video will be used to ensure that all staff are aware of any person barred from the establishment. 5 1OF Playa de Oro 15. 16. 17,. 18. 19. 20. Additional lighting will be added to the alley entrance by the door and in the alley way in addition to the street light to illuminate this area Completely to prevent vandalism, fighting, drug dealing, prostitution and business security. Sufficient lighting shall be on inside the establishment during hours of operation to enable.an officer to view under tables, in corner and all areas to check for weapons, drugs etc, without the use of a flashlight. The owner and/or manager listed on the OLCC License request shall remain on the premises during all hours the bar is open and there is 'service of alcohol. Owner and Manager shall hold monthly meetings with the Woodburn Police Chief or designee to monitor progress. The police will 'provide calls for service at these meetings and discuss the activity listed. The Owner and Manager will be provided prevention and intervention information when necessary and will comply as instructed. Will thoroughly screen all new hire employees by checking their background as follows: Previous employer, Oregon State Police Identification Bureau requiring all employees to provide Playa. de Oro with a Criminal History Check prior to employment, and check with Department of Motor Vehicles for driving record. If the establishment elects to have a pay phone, the phone will be fixed fOr out going call only through the phone comPany. Past history shows that pay phones in bars and taverns have been used for drug and prostitution transactions. Employees who violate house policies, O.L.C.C. laws, and administrative' rules and/or state statutes in the course of business, will be terminated and OLCC and the Woodburn Police Department will be .notified of such activities and terminations.. 6 1OF Playa de Oro Exhibits: 1) 2) 3) 4) RAIN Display Incident Log from April 1, 1994 to August 11, 1994 oLCC 90 Temporary Authority denial report Policies to ensure against Illegal Drug Sales Playa de Oro Signs and locations of signs CC: OLCC Mr. Rodriguez Attorney Bartlett 7 EXHIBIT 1 IOF DISPLAY INCIDENTS CAR545 000804/04/~4 RE AGEN:WBF' DATE:040194 T0:0811~4 LOCATION:555 N FRONT ST ESTIMATED NUMBER OF RAIN HITS:2 (PRESS "PF8" FOR ACTUAL COUNT.) AGCY INC# TP INCIDENT TYPE WBP 94-00526? I TRAFFIC MOVING LOCATION DATE STAT 553 N FRONT ST 051794 D WBP 94-003?40 I FUGITIVE 555 N FRONT ST 060594 C ACTUAL NUMBER OF RAIN HITS:2 OREGON LIQUOR CONTROL COMMISSION Regulatory Field Services Division Salem Field Office EXHIBIT 2 NEW OUTLET/GREATER PRIVILEGE DISPENSER CLASS A SUMMARY 1OF APPLICANT(S): TRADE NAME: ADDRESS: CITY: RODRIGUEZ, Salvador PLAYA DE ORO 553 N. Front Street Woodbuz~n COUNTY: Marion ZIP CODE: 97071 TYPE OF LICENSE: Dispenser Class A ACTION: 90 Day Temporary Authority MANAGER RECOMMENDATION.: DENY request for 90 Day Temporary of Authority based on slgnif~cant public safety concerns. Applicant reviewed prima facte refusal bases, met with Investigator Forbes several times as well as Chief Wright and myself and was unable to write an adequate compliance plan to overcome premises history of serious and persistent problems. LICENSE PROCESS RECOMMENDATION: ( ) GRANT ( } CONDITION$/~STRICTIONS UN~AVORABLE CRITERX~ Uni~eness ( ) In Small Co~unlty ( ) ~0 O~tater Se~vice$/Uniqu®ness Tavern Atmo~ghore On/y One Meal Per Da~ Fast Foods/Short Order Foods Heavily PatronixedByMinors REGULATORY STAFF C0MMXTTEE RECOMMENDATION TO ADMINISTRATOR: BRTNK~0FF: ( ) GRART ( ) REFUSK ( ) ~RANT ( ) REFUSE ~ANS: ( ) GRANT ( ) R~FUSE ( ) COND~I[ONS/RESTR[CT[ONS Kt~Z: ( ) GRA~T ( ) REFUSE REED/WILLIS: ( ) GRANT ( ADMINISTRATOR: DATE: COMMISSION ACTION: DATE: OREGON LIQUOR CONTROL COMMISSION REGULATORY FIELD SERVICES 1OF Subject: License Investi~ation: Refusal o~ 90.Day Temporary Authority 4-27-94 Rodriguez, Salvador PI~%Y& DE ore (DA) 553 N. Front Street Woodburn OR 97071 ATTACHMENTS: Notice of Proposed License Cancellation dated 1-7-94 Compliance Plan from Mr. Rodriguez, received 4-25-94 RECENT BACKGROUND OF ~PPLICANT PREMISES: NEW CLUB CAFE: Retail Malt Beverage license, 3-15-73 through 10-15-76. NEW CLb~ CAFE: Dispenser Class "A" license, 10-15-76 through 10-18-93. DON JUAN'S MEXICAN RESTAURANT AND LOUNGE: Change of Tradename 10-18-93. DON JUAN'S: Dispenser Class "A" license expired 3-31-94; license not renewed. PLAYA DE CRC: Applicant Rodriguez will begin operation 5-1-94 and requests a 90 day temporary authority for Dispenser Class "A" license. PREFACE: On 11-4-93 the Federal Bureau of Investigation and the Woodburn Police Department served a search warrant at applicant premises and arrested former licensee Juan T. Ruiz for the distribution and possession of cocaine on the licensed premises. Former licensees Juan and Aurora Ruiz voluntarily stopped the sale and service of alcoholic beverages at the applicant premises on 11-30-93. The restaurant remained open. Mr. Rodriguez p~esented an application to %he Salem Field Office of OLCC on 4-20-94 for a DA license, change of ownership, for the applicant premiseS. 1OF Page Two PLAYA DE ORO (DA) ORS 472.160 (5) There is a history of serious and persistent problems £nvolvLng disturbances , , and ,,, unlawful drug sales at the premises proposed to be licensed. FACTS-. While the premises was licensed as DON JUAN'S MEXICAN RESTAURANT AND LOUNGE the Commission proposed license cancellation on 1-7-94. The proposed cancellation was based upon seven violations which occurred between 5-13-92 and 10-27-93 at the applicant premises. The seven violations each pertain to permitting unlawful activities on the applicant premises. The violations include use of the business telephone to negotiate drug transactions, receipt of money for drug sales, delivery of illegal drugs and the negotiation of future drug sales. I spoke with Woodburn Police Chief Ken Wright on 4-25-94 regarding his opinion of the proposed premises. Chief Wright stated he was "absolutely opposed" to the issuance of a 90 day temporary authority because of the need for a background investigation of the new owner in light of the past unlawful activity on the premises, "The premises location has been a source of narcotics .transactions unprecedented in the city in the last seven years," A review of records for 1993 shows Woodburn Police Department responded to a total of 24 calls for service at or in the immediate vicinity of the premises. Nine of the call~ (13 individuals) resulted in arrest. The 13 arrests are: one for detox±fication of premises patron; one for misuse of identification; two for trespass, four ~ndividuals for misc. crimes such as assaulting a public safety offioer, disorderly conduct, minor loitering on a licensed premises, criminal mischief, possession of a controlled substance (cocaine); one for unlawful use of a weapon (gun), menacing, assault 4; one for theft/trespass; one for MIP/curfew/minor loitering on licensed premises and one (bartender. of premises) for allowing minor to loiter on licensed premises. The former licensee (Juan Ruiz) was 1OF Page Three PLAYA DE CRC (Da) arrested at the premises on i1-4-93 for distribution and possession of cocaine. A review of records for 1992 shows Woodburn Police Department responded to 13 calls for service at the premises. One customer was arrested for the delivery of cocaine and implicated the premises bartender. The other incidents include two criminal mischief, one harassment, fOur thefts, two trespass and two warrant arrests. The proposed premises operation is similar to DON JUAN'S MEXICAN RESTAURANT AND LOUNGE· The entertainment (two pool tables and a video game machine) will remain unchanged. Applicant Rodriguez has painted the exterior of the premises and plans future changes to the style and decor of the interior. GOOD CAUSE: While the premises was licensed as NEW CLUB CAFE there were no OLCC violations. 10. The applicant proposes to: (see statement from Mr. Rodrtguez) 1) Sell more food than liquor (pro3ects 51%; 1993 actual was 34%) 2) Will have security at all times 3) Install signs and surveillance cameras to prevent "bad conduct of patrons" 4) Will increase lighting available in "non-visible" areas 5) Will ensure the premises is clean and neatly ordered 6) Will paint and maintain interior/exterior of restaurant 7) Restaurant will be a non-smoking area; smoking permitted in lounpe 8) N~w D~rsonnel will be hired 9) Will work cooperatively with Woodburn Police Department 10) The atmosphere of the premises will be "elepant and friendly" 11. Former licensee Juan Ruiz was convicted fOr drug transactions which occurred at the applicant premises and will be incarcerated. His prison sentence will be approximately four years. 1OF Page Four PnaYa DE ORO (Da) 12. Applicant initiated a meeting with Woodburn Police Chief Ken Wright, which occurred 4-26-94. Mr. Rodriguez stated Chief Wright requested more detail as to how applicant would accomplish the goals of the compliance plan. 13. On 4-26,94 I requested a more specific compliance plan. Applicant stated he will submit a comprehensive compliance plan within a few days. ANALYSIS/CONCLUSION: The criterion applies. The premises has a recent history of serious problems with unlawful activities. The premises has a histor~ of persistent problems because the illegal activities continued for a documented period of 18 continuous months, ending when the search warrant was served at the premises on 11-4-93. Case precedent has established that a premises had a history of serious and persistent problems, and cancelled the license, where there were unlawful drug sales and violent incidents involving physical harm and threats of physical harm. Rastafarian Private Club, OLCC-90-V-085. The Commission concluded there was a history of serious and persistent problems were there were 24 incidents occurring over a two year period of time, including 12 fights, 3 thefts, 4 verbal distu~bances, 1 car accident in the parking lot, 3 incidents of public urination, and one incident of shots fired in the parking lot. La Brisa, OLCC-91-L-03?. The Commission has given significant weight to severe crimes, such as those involving violence or threat of violence, unless the circumstances show the incidents were isolated and happenstance. Handy Food Mart, OLCC-91-L-020. The history at this premises is more severe and carries greater weight in assessing the ability of applicant to resolve the serious and persistent problems. At the applicant premiseS, the documented unlawful activities were neither isolated nor chance occurrences. The Woodburn Police Department records show the frequency and severity of crime incidents increased at the applicant premises in 1993. One can argue the former licensee was the cause of the unlawful activities, as evidenced by his conviction for illegal drug sales. TherefOre, the applicant licensee will not be presented with these specific unlawful activities because the former licensee will be incarcerated. The serious problem is resolved. "'-'" "-" 1 OF Page Five PLAYA DE ORO (DA) However, this reasoning is simplistic. This COnclusion assumes the former licensee was exclusively selling illegal drugs to the FBI undercover agent. Reasonable inference may be drawn that unknown patrons of the premises' were also engaged in these unlawful activities. There are documented arrests in 1992 and 1993 of patrons in the premises who were arrested for possession or delivery of cocaine. It can be assumed that unidentified patrons may return to conduct unlawful activities if the premises operation is lacking adequate controls. Mr. Rodriguez has demonstrated a sincere willingness to address the activities and behaviors which contributed to unlawful activities which occurred in and around the applicant premises. Mr. Rodriguez initiated the meeting with Police Chief Ken Wright which occurred on 4-26-94. Mr. Rodriguez developed a compliance plan to prevent the recurrence of unlawful activities. Mr. Rodriguez repeatedly stated he wants to discourage patrons who engage in illegal activities. The issue is whether Mr. Rodriguez has the ability to adequately control the premises and the behavior of patrons in the immediate vicinity of the premises. Case precedent has found a licensee's statement that he would not tolerate a repeat of criminal activity on the premises did not constitute a reasonable effort to control the activity. The Winema, OLCC-90-V-117. -.. Case precedent found good cause to outweigh serious, numerous and persi~tent problems under the former licensee because applicant's experience and plan of operation would result in a significant change in the business and applicant could maintain reasonable control of the premises. ~andy Food Mart. OLCC-88-L-018. There is no documented historical information from premises previously operated by the applicant because Mr. Rodriguez has never been a licensee of the Commission. The ability and effectiveness of Mr. Rodriguez's efforts to adequately control the premises is unproven. At this stage of the license process, applicant has not submitted a fully developed plan. There is insufficient information upon which to evaluate Mr. Rodriguez' compliance plan. 1 OF ~age Six d , . D~ applicant's request for a 90 day temporary authority. License Investigator Regulatory ~ld Services ADDITIONAL INFORM~TION: The DA license expired 3-31-94. The Woodburn City Council reco~muended DENY of the renewal application at their meeting of 2-28-94. The Salem Field Office has not received the renewal application from prior licensees, Juan and Aurora Ru!z. On 4-20-94 Mr. and Mrs. Ruiz stated their attorney, Mike Mills, advised them the renewal was not required pending the results of the hearing conducted 3-9-94 (the issue was whether Mrs. Ruiz could drop Mr. Ruiz from the license). On 4-27-94 I telephoned Mr. Mills and Mrs. Ruiz. I left a message with Mary, secretary for Mr. Mills. I requested the original renewal application. I called Mrs. Ruiz at her home. She stated she did not have the renewal application. She did not' recall giving it to the City of Woodburn for endorsement. She stated she would request a duplicate renewal application if the original could not be located. The question of the necessity of the renewal application was not posed to Commission staff. I informed Mr. and Mrs. Ruiz, on 4-20-94, that the DA license expired and the application of Mr. Kodriguez is considered a new outlet application. As a new outlet, the pr~mises does not qualify for a 90 day temporary authority. 1OF To: OLCC From: Salvador Roidriguez I Salvador Rodriguez was born ir~ Los Angeles California in 1968. When I was five years old my parents moved me to Mexico. I finished secondary school and at the same time I was working with them, in a restaurant on the be. ach that we acquired with sacrifice. My duties were help my father fish in a boat that we owed. I also Scuba dived for seafood to supply the restaurant. After Completing secondary school in Mexico I moved back to Oregon. I graduated fi'om Lake Oswego High School and finished two years at Portland Community College. A~er college I went to work Ibr my aunt Rosa Flores which owns Adult foster homes. Aider gainLng experience and with the help of my parents I decided to open my own care facility, which has been highly successful since. Now the opportunity of buying this restaurant was presented and I took advantage of buying it. Do to the reputation of this business the following changes will be made: 1) Sell more fbod than liquor 2) Will have securi~, at all times 3) Signs and surveillance cameras will be install to prevent bad conduct of patrons 4) More lighting will be available in areas non-visible 5) Will make sure that premises will be cleaned and neatly ordered 6) \Viii pa'.nt and maintain interior/exterior of restaurant 7) Restaurant will be non-smoking unless in bar 8) All personnel will be changed 9) Will work togel:her with Woodburn police i0) Th~ atmosphere of the restaurant-bar will be elegant and fl'iendly Sincerely, Salvador Rodriguez 1OF EXHIBIT 3 Policies to Ensure Against Illegal Drug Sales OLCC has informed this applicant that a prior-prior owner (not the last owner, but the owner previous to the last owner) was arrested at this address because he was selling cocaine. I don't foresee this as a problem in the future because the prior-prior owner (Mr. Ruiz) is now incarcerated in fedgral prison. In the event that Juan Ruiz is paroled, he is permanently barred from entering.Playa de Oro. Persons suspected of possessing drugs will be searched at the door. Refusal to be searched will result in refusal to be admitted. Persons leaving unexpectedly will not be re-admitted. Only 1 person at a time will be allowed in the bathroom. Video cameras will record during hours of operation. Inside the lounge surveillance cameras will be on during all hours of operation. Anyone caught engaging in illegal activities will be reported to the police and permanently barred from Playa'de Oro. Replays of the video will ensure that all staff are aware of any person barred from this establishment. To prevent minors from entering the lounge, the security officer and staff are going to check ID for anyone that looks under 30 years of age. - Signs will be posted in visible areas, and are translated in both Spanish and English. To control the premises, all patrons will be seated, except pool players. Large groups will not be allowed to mill about. Serving alcoholic beverages to any patron who appears to be visibly intoxicated will not be tolerated. Food will be available at all times. Anyone who becomes verbally offensive will be removed for that particular day. If a fight does break out, the security officer and employees will stop it right away and arrest the offending party. This patron will not be allowed in the establishment again; and all employees will cooperate with the police in pressing charges. The security officer will make sure ~e0ple are.not loitering around the building. The Woodburn Police Department are welcome and encouraged to stop in at any time. 1OF EXHIBIT 4 Playa de Oro - Signs The following signs will restaurant and lounge areas:I Sign #1 be posed in the Playa de Oro (Spanish) - Aviso para todos nuestros clientes: Cualquier persona que sea sospechosa de distribuir drogas en este negocio seran sacados para siempre y reportada al la policia. La policia secreta es bienvenida aqui. (English) - No Drugs Allowed in This Establishment If you appear to have drugs in your possession, you will immediately be reported to the police and will not be allowed to return to this establishment. Undercover police officers are welcome here. Sign #2 (Spanish) - Si usted sale una vez y regresa se pude quedar' aqui-Pero si usted sale dos veces - No regrese hasta el siguiente dia. (English) - If you must leave the premises unexpectedly it will be necessary to remove your food and drink to make room for other customers. You will not be admitted back in until the next day. Sign #3 (Spanish) - Solo una persona en el bano a un tiempo, si usted no sigue esta regla sera corrido. Favor de no fumar en el bano. (English) - Only one person in the bathroom at a time. Smoking in Bathroom. No Sign #4 (Spanish) - Estimados clientes: E1 estado the Oregon requiere quitar bebidas alcoholicas de qualquier persona intoxicada. (English) - It is the law: We must remove your drink if you show signs of intoxication. 1OF Sign ~5 (Spanish) - Siusted nacio despues de el dia de hoy en 1973, nostros no %e venderemos alcohol a usted. (English) - If you were born after today's date in 1973, we will not sell alcohol to you. Sign #6 (Spanish) - E1 embarazo y el alcohol no se mezclan. Tomar bebidas alcoholicas, incluyendo vino, coolers y c~rveza puede causar defectos de nacimiento. (English) - Pregnancy & alcohol do not mix. Drinking alcoholic beverages, including wine, coolers, and beer during pregnancy can cause birth defects. Sign #7 (Spanish) - Tipos de identificacion aceptable: Licencia de mane jar vehiculos motorizados o targeta de identificacion del motor vehiculos Oregon o una targeta de declaraciou de que establezca su edad de OLCC. (English) - Acceptable Identification: Valid motor vehicles operators licanse or Oregon DMV ID care or completed OLCC statement of age card. Sign #8 (Spanish) - No se permite la entrada a menores de edad en esta parte del local. (English) - No Minors Allowed. Sign #9 (Spanish) - No se permiten apuestas jugando pool. (English) - No Betting Allowed. Sign #10 (Spanish) - Qualquier persona que empieze una pelea sera arrestado y no podra entrar a este lugar nunca mas. (English) - Fighting Will Not Be To~ted fl-! The Police will be. called and charqes will be pressed aqainst you. IOF The locations are: Sign #1 will be posted on the front wall where the pool tables are located. (See Exhibit F) Sign #lA Will be posted next to sign #1 Sign #2 will be posted inside the doors located where the pools are and the other one on the door located next to the bar table. (See Exhibit F) Sign #2A Will.be posted next to sign #2 Sign #3 will be posted on the front of the ladies and gentlemen bathroom doors. (See Exhibit F) Sign #3A Will be posted next to sign #3 Sign #4 will be set on top of each table in the lounge. (See Exhibit F) Sign #4A Will be posted next to sign #4 Sign #5 will be posted on the mirror behind the bar counter. (See Exhibit F) Sign #5A Will be posted next to sign #5 Sign #6 will be posted on the mirror behind the bar counter. And will be behind the counter of the cash register. (See Exhibit F) Sign #6A Will be posted next to sign #6 Sign #7 will be posted in front of the doors as you enter. (See Exhibit F) Sign #7A Will be posted next to sign #7 Sign#8 will be posted in front of the doors as you enter. (See Exhibit F) - ~ - Sign #8A Will be posted next to sign #8 -- IOF Sign #9 will be posted next to the pool tables. (See Exhibit F) Sign #9A Will be posted next to sign #9 Sign #10 will be posted in front of the pool tables on the wall. (See Exhibit F) Sign #10A Will be posted next to sign #10 · ' "" 1OF ON~'T 5-5A EXHIBIT F Li3 D00A% RES-I-AU RA. NT N TABLES POOLP, OOH 7-7A L,. I-' ~-3A ROOH5 F2.AR 1,3-~OA 7-7A lOG MEMORANDUM. Nevin Holly, Director John Pi~ Superintendent Brian Sjothun, & Terry Williams Recreation Coordinators 491 North Third Street tNoodburn, OR 97071 (503)982-526,t TO: THRU: Mayor and City Council Chris Childs, City Administrator FROM: Nevin Holly, Director Recreation and Parks SUBJECT: Woodburn Recreation and Parks Mower Bids DATE: August 17, 1994 At 2:00pm dn August 16, 1994 the City of Woodburn opened and read aloud bids received on a new mowing unit. The bid specifications stipulated a minimum of 50 horsepower and a mowing width of 10 feet 5 inches. The bid specifications also stipulated a new mowing unit, or a demonstration model with less than 40 hours of certifiable use. The following bids were received. Far West Equipment Cushman 6150 X 36,625 Far West Equipment Jacobson HR 5111 X 38,070 Northwest Outdoor Equip. Excel Hustler X 19,500 Pac West Toro (2WD) 455D X 34,591 Pac West Toro (4WD) 455D X 36,500 Pac West Toro (4WD) 455D X 34,000 In that the bid specifications stipulated that any demo models provide the same factory warranty as a new model, and in that the Excel Hustler 440 Range Model meets all specifications, I recommend the City Council accept the bid from Northwest Outdoor Equipment of Clackamas, Oregon for the amount of $19,500.00. 'i5A MEMO TO: FROM: SUBJECT: DATE: Mayor and City Council through City Administrator Community Development Director Citizen Involvement in Land Use Planning August 1§, 1994 In correspondence to the Council dated July 11, 1994 Mr. Preston B. Tack requested that a report be prepared to inform the citizenry of Woodburn as to the nature of our existing citizen involvement program and what may be done to correct any deficiencies in that program. Mr Tack's correspondence and his accompanying documentation is attached to this memo. To provide some prospective as to how the City of Woodburn complies with the State's Goal I Citizen Involvement program some background information is necessary. Under state wide Land Use Planning Goal I it requires that a Citizen's Involvement program be implemented "that insures the opportunity for citizens to be involved in all phases of the planning process." It further states that the governing body can "assign such responsibilities to a Planning Commission...". This was the avenue taken by City Council. That is, to assign the Planning Commission with the responsibilities of reviewing land use matters and recommending to Council various land use proposals. Therefore, the Planning Commission serves as the City of Woodburn's Committee for Citizen Involvement (CCI) which is broadly representative of geographic areas and interests related to land use issues in Woodburn. For the Planning Commission to serve as the CCI is the norm for cities the size of Woodburn and counties with population similar size in the state. The city's citizens involvement program was initially recognized by the land Conservation and Development Commission and the State's Citizen Involvement Advisory Committee in 1980. In approximately 1986 periodic review of the city's Comprehensive Plan and all of its implementing ordinances were again recognized as being in compliance with state land use laws and thereby meeting the requirements established in state wide Land Use Goal I. The City's Comprehensive Plan (Page 91 I.) states "The success of the Woodburn Plan is directly related to establishing a method of receiving citizen input. While complex organizations, such as are required in larger cities, are not necessary in a city 15A the size of Woodburn, clear lines of communications should be maintained by the Boards, Commissions, Council and staff of the City to the general public. It is essential that a two way flow of communication be maintained for proper city government to occur, especially in land use matters." The Planning Commission holds numerous public meetings throughout the year and receives a substantial number of comments from the public. In addition several other committees address land use issues that allow citizen input in the decision making process. For example, the transportation task force meets on a regularly scheduled basis to receive citizen input as does the wastewater advisory committee. In addition the Woodburn Downtown Association has a direct link to the Planning Commission in providing input as to renovation standards for structures in the city's Downtown Historic District. As for improvements to this process there are a number of steps that can be taken 'to expand the citizen participation process. A program could be one in which the city is divided into several neighborhood districts each with its own appointed representatives and uniform bylaws. This option entails a considerable amount of staff time. On the other end of the spectrum could be the purchase of local newspaper space, outlining public meetings, date, time, place an subject matter pertaining to land use issues e.g. Planning Commission, Transportation Task Force and Wastewater Advisory Committee. This same information could be provided on the television cable network. Whatever alternative or program the council finds appropriate its level of success is, in part, going to be determined on being able to adequately staff the program and obtaining enthusiastic support by the city's citizenry. July 11,1994 Mayor Kelley and Members of the Council, City of Woodburn 270 Montgomery St., Woodburn, OR 97071 Ladies and Gentlemen: On June 13th, I think it was, I suggested increased citizen involvement to you. Your interest included a request for an estimate as to the cost. Costs, it seems, are dependent upon the program contemplated. Not having that available, my attention centered on some interesting material. Almost exactly two years ago Governor Roberts cover letter went with copies of a handbook entitled, "How To Put The People In Planning", to each city and county planning department in Oregon. The purpose of the handbook was to be "...a 'how-to' manual about public participation in land use planning. It tells how to run a successful program for citizen involvement." While dealing specifically with land use planning, the handbook contains much of value in the broader application of citizen involvement. Goal 1, on page 7, requires that each city and county in Oregon "develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process.""Goal ! is mandatory, its provisions have the force of law." The introductory statements include the comment that, "Every city and county in Oregon has adopted a citizen involvement program." and~ that they have been reviewed by the state's Citizen Involvement Advisory Committee (CIAC) and by the Land Conservation and Development Commission (LCDC). Reference is also made to the fact that the foregoing "...took place in the late 1970s and early 1980s." And further that, "Most cities and counties have not amended their CIPs since they were acknowledged." and that "Any changes to the CIP constitute a plan amendment, subject to the state and local regulations that govern such amendments." (CIP meaning Citizen Involvement Program) Goal 1 has six major components: No. 1--Citizen Involvement--Provide for widespread citizen involvement. No. 2--Communication--Assure effective two-way communications between local officials and citizens. No. 3--Citizen Influence--Provide the opportunity for citizens to be involved in all phases of the planning process. No. 4--Technical Information--Assure that technical information is available in an understandable form. No. 5--Feedback Mechanisms--Assure 'that citizens get responses from policy makers. No. 6--Financial Support--Ensure adequate funding for the citizen involvement program. 15A 15A The handbook specifies a local Committee for Citizen Involvement (CCI), "... with citizen involvement as its only responsibility", as the way to ensure "... that citizens are not forgotten in the planning process." In Appendix "A" to the handbook, "Committee members shall be selected by an open, well-publicized public process." and be "...broadly representative of geographic areas and interests related to land use and land-use decisions." Any substitute for this committee involves notification to the state Citizen Involvement Advisory Committee through the Land Conservation and Development Commission. A copy of Appendix "A" is enclosed. According to the DLCD handbook, which should have been in city files for two years, Woodburn would have had an "acknowledged" Citizen Involvement Program (CIP) for from 10 to 15 years. A public review seems long overdue. Therefore, I would like to offer two suggestions: 1.--That a report be prepared which compares the recommendations and requirements in the Dept. of Land Conservation and Development's handbook, "How To Put The People In Planning", with what has been done in the past and what is being done now, and with specific time-dated steps to be taken to correct any deficiencies. 2.--That a parallel report be prepared outlining actions required to broaden the above concepts to cover the functioning of our local government as a whole. In keeping with the spirit of citizen involvement it seems highly appropriate to suggest that these reports be widely publicized, prior to a joint Council-Citizen public conference to finalize Woodburn's CIP, before submission to the State for approval. A public conference is proposed to foster unlimited discussion and should undoubtedly be chaired by the Mayor, a Woodburn-wide elected official. I submit this letter in the sincere belief that positive and timely action for increased citizen involvement is an essential ingredient to the furthering of smooth government-citizen relationships, and for the good of our community. Sincerely yours, ~res~on B. Tack 2197 Camellia Way Encl.:Appendix A: Goal 1, Citizen Involvement How To Put The People In Planning. lettersVl/8/a: \cipO1. ltr ' ' 15A / GOAL 1' CITIZEN INVOLVEMENT GOAL: To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The governing body charged with preparing and adopting a comprehensive plan shall adopt and publicize a program for citizen involvement that clearly del'mos the procedures by which the general public will be involved in the on-going land-use planning process. The citizen involvement program shall be appropriate to the scale of the planning effort. The program shall provide for continuity of citizen participation and of information that enables citizens to identify and comprehend the issues. Federal. state and regional agencies, and special-purpose districts shall coordinate their planning efforts with the affected governing bodies and make use of existing local citizen involvement programs established by counties and cities. The citizen involvement program shall incorporate the following components: Citizen Involvement -- To provide for widespread citizen involvement. The citizen involvement program shall involve a cross-section of affected citizens in all phases of the planning process. As a component, the program for citizen involvement shall include an officially recognized committee for citizen involvement (CCI) broadly representative of geographic areas and interests related to land use and land-use decisions. Committee members shall be selected by an open, well-publicized public process. The committee for citizen involvement shall be responsible for assisting the governing body with the development of a program that ,.' promotes and enhances citizen · involvement in land-use ; planning, assisting in the implementation of the citizen involvement program, and evaluating the process being used for citizen involvement.. If the governing body wishes to assume the responsibility for development as well as adoption and implementation of the citizen involvement program or to assign such' responsibilities to a planning commission, a letter shall beI submitted to the Land' Conservation and Development Commission for the state Citizen Involvement Advisory Committee's review and recommendation stating the rationale for selecting this option, as well as indicating the mechanism to be used for an evaluation of the citizen involvement program. If the planning commission is to be used in lieu of an independent CCI, its members shall be selected by an open, well-publicized public process. Communication -. To assure effective two-way communication with citizens. Mechanisms shall be established which provide for effective communication between citizens and elected and appointed officials. Citizen Influence -- To provide the opportunity for citizens to be involved in all phases of the planning process. Citizens shall have the opportunity to be involved in the phases of the planning process as set forth and defined in tho goals and guidelines for Land Use Planning, including Preparation of Plans and Implementation Measures, 4; Plan Content, Plan Adoption, Minor Changes and Major Revisions in the Plan, and Implementation Measures. Technical Information .- To assure that technical information is available in an understandable form. Information necessary to reach policy decisions shall be available in a simplified, understandable form. Assistance shall be provided to interpret and effectively use technical information. A copy of all technical information shall be available at a local public library or other location open to the public. Feedback Mechanisms -- To assure that citizens will receive a response from policy-makers. Recommendations resulting from the citizen involvement program shall be retained and made available for public assessment. Citizens who have participated in this program shall receive a response from policy-makers. The rationale used to reach land-use policy decisions shall be available in the form of a written record. Financial Support -- To insure funding for the citizen involvement program. Adequate human, f'mancial, and informational resources shall be allocated for the citizen involvement program. · These allocations shall be an integral component of the planning budget. The governing body shall be responsible for obtaining and providing these resources. A. CITIZEN INVOLVEMENT 1. A program for stimulating citizen involvement should be developed using a range of available media (including television, radio, newspapers, mailings and meetings). Universities, colleges. community colleges, secondary and primary educational institutions and other agencies and institutions with interests in land-use planning should provide information on land-usc education to citizens, as well as develop and offer courses in land-use education which provide for a diversity of educational backgrounds in land-usc planning. In the selection of members for the committee for citizen involvement, the following selection process should be observed: citizens should receive notice they can understand of the opportunity to serve on the CCI; committee appointees should receive official notification of their selection; and committee appointments should be well publicized. B. COMMU~CA~ON Newsletters, mailings, l~OStCrs, marl-back questionnaires, and other available media should be used in the citizen involvement program. C. CITIZEN INFLUENCE Data Collection - Thc general public through the local citizen involvement programs should have the opportunity to be involved in inventorying, recording, mapping, describing, analyzing and evaluating the elements necessary for the development of the plans. Plan Preparation The general public, through the local citizen involvement programs, should have the GUIDELINES opportunity to participate in developing a body of sound information to identify public goals, develop policy guidelines, and evaluate alternative land conservation and development plans for the preparation of the comprehensive land-use plans. 3. Adoption Process The general public, through the local citizen involvement programs, should have the opportunity to review and recommend changes to thc proposed comprehensive land-use plans prior to the public hearing process to adopt comprehensive land-use plans. 4. Implementation - The general public, through the local citizen involvement programs, should have thc opportunity to participate in the development, adoption, and application of legislation lhat is needed to carry out a comprehensive land-use plan. The general public, through the local citizen involvement programs, should have the opportunity to review each proposal and application for a land conservation and development action prior to the formal consideration of such proposal and application. Evaluation - The general public, through the local citizen involvement programs, should have the opportunity to be involved in the evaluation of the comprehensive land-use plans. Revision - The general public, through thc local citizen involvement programs, should have the opportunity to review and make recommendatioias on propos, ed chan,ges in comprehensive land-use 'p.lims prior to the public hearing process to formally consider the proposed changes. go Fo D. TECHNICAL INFORMATION Agencies that' either evaluate or implement public projects or programs (such a% but not limited to, road, sewer, and water construction. transportation, subdivision studies, and zone changes) should provide assistance to the citizen involvement program. The roles, responsibilities and timeline in the planning process of these agencies should be clearly defined and publicized. Technical information should include, but not be limited to. energy, natural environment, political, legal, economic and social data. and places of cultural significance, as well as those maps and photos necessary for effective planning. FEEDBACK MECHANISM At the onset of thc citizen involvement program, the governing body should clearly state the mechanism through which the citizens will receive a response from the policy-makers. A process for quantifying and synthesizing citizens' attitudes should be developed and reported to the general public. FINANCIAL SUPPORT The level of funding and human resources allocated to Ihc cilizen involvement program should be sufficient to make citizen involvement an integral part of the planning process. D · ; . 15B City of Woodburn Police Department MEMORANDUM 270 Montgomery Street on Eubank, Lieutenant iitem:ina. OPAeur~21~, 1994 To: Mayor & Council Thru: Subject: Woodburn, Oregon 97071(503) 982-2345 Ext. 351 C. Childs, City Administrator Mid-Year Gang Activity Report for 1994 The Woodburn Police Department continues its' "O" Tolerance for Gang Activity and behavior in our community. We most recently received a grant co-sponsored by the Woodburn School District and Marion County Juvenile Department to hire a Gang Intervention Specialist to work with families and youth at risk. I am providing the Council with a Mid-Year gang activity report as compiled by SSGT Rene' Bravo, ARNG. The first page shows total calls for service involving gang activity for this year and the previous 4 years. The second page are the type of calls, Gang involved, total for the month of June and totals to date. The third page shows the date, case number, incident, location and which gang was involved. As you can see, total numbers of incidents are close to last years. As with previous years, Criminal Mischief lead all categories with a total of 133 so far. Suspicious Activity and Gang Contacts are running about even in total numbers. Public awareness is better than ever due to increased publicity and then community involvement in solving/reducing this type of activity. The Police Department and School District have shared information with other cities regarding Gangs and Gang Forums. The City of Salem recently held 2 gang forums and patterned them after the Woodburn forums. We met with Representative Peter Courtney, who was the sponsor of these forums, to share our expertise and knowledge with gangs and forums. The City of Canby has tentatively set a date in September to a have a Gang Forum and have invited us to be on the panel. 15B WOODBURN POLICE DEPARTMENT Rene' Bravo Staff Sergeant ARNG Date: .July 29, 19_94 To: Ueutenant Don Eubank Thru: Jason G.Tlusty Patrol/G.E.T. GAnG ENFORCEMENT MID YEAR REPORT 1994 MONTHLY COMPARISON INVOLVING GANG MEMBERS AND THEIR ASSOCIATES (GROUPED TOGETHER) FOR CALLS OF SERVICE. FOR THE FIRST SlX MONTHS FOR THE YEARS 1990 THROUGH 1994 MONTHLY CALLS OF SERVICE 1990 1991 1992 1993 1994 JANUARY 13 6 7 18 42 FEBUARY 11 5 2 22 61 MARCH 23 3 10 49 35 APRIL 12 3 9 57 38 MAY 11 10 3 64 37 JUNE 21 16 0 34 23 TOTAL 91 43 I 31 244 I 236 270 Montgomery Street Woodburn, OR. 97071 (503) 982-2345 Ext.349 'Wo ODBURN POLICE DEPARTMENT Rene' {Reno) Bravo Staff Sergeant ARNG Date: .July 29, 19_94 To: Lieutenant Don Eubank Thru: Jason G. Tlusty - Patrol/G.E.T. GANG ENFORCEMENT TEAM MONTHLY REPORT - JUNE 1994 For the month of June 1994, there were a total of 24 calls, involving gang affiliates, and/or associates, in Woodburn. That is a decrease of 29.4% activity for May compared to 34 calls in May of 1993. Arrests for this month are down 23% compared to 13 arrests in May 93. This is due to the decrease of gang act;vlty in the city. CRIME ACTIVITY LOG i :i:i::':i:::.::!:!:~iiii: ........... :!:-:: :::::: ::: ............ ::!::~i:..'~!ii!!i!!~..:.'! ............ ~::':':'::::" ....':':':-:-:':':':-:':':'::"" ...................... *": ........... :Ti:iT:iii:Ti: DRIVE BY SHOOTING !.:.i.:.i~.!ii!:j ':::::: ................. ....:. T H EFT ::::::3:::::: :i:::::::i:J:::::i::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::':':':':':':':':':': ....:.:...:...:.....:. .:.:.:<.:...:.:.:<. :::::::::::::::::::::: ::::::::::::::::::::: .:.:<.:.:<.:+:.:.:.:. ':':':-:':':-:':.:':.: :::::::::::::::::::::: :::::::::::::::::::::: 10 ARRESTS WERE MADE THIS MONTH *THIS LOG INCLUDES CONFIRMED AND SUSPECTED ACTIVITY INVOLVING GANG AFFILIATES* (continued on next page) FAX 982-2370 270 Montgomery Street Woodburn, OR. 97071 (503) 982-2345 Ext.349 Rene' (Reno) Bravo Staff Sergeant ARNG Data: July 29, 1994 To: Uautenant Don Eubenk Thru: Detective Jason G. Tlusty 15B URN POLICE DEPARTMENT GANG ACTIVITY GANG ENFORCEMENT TEAM DATE CASE # INCIDENT LOCATION GANG SET *A/__C 6/5/94 94-3748 6/5/94 94-3776 6/10/94 94-3882 6/10/94 94-3899 6/11/94 94-3956 6/12/94 94-3979 6/13/94 94-4003 6/15/94 94-4029 6/16/94 94-4073 6/17/94 94-4093 6/19/94 94-4121 6/20/94 94.4171 6/22/94 94.4210 6/23/94 94.4246 6/24/94 94-4247 6/24/94 94-4272 6/24/94 94-4273 6/25/94 94-4297 6/25/94 94-4343 6/28/94 94-4385 6/28/94 94-4389 6/29/94 94-4418 6/29/94 94-4421 6/29/94 94-4427 CRIMINAL MISCHIEF CRIMINAL MISCTIIEF CURFEW ASSAULT CRIMINAL MISCHIEF CRIMINAL MISCHIEF TRESPASS RAPE CRIMINAL MISCHIEF SUSPICIOUS ACTIVITy TRAFFIC CRIMF. S CRIMINAL MISCHIEF DISORDERLY CONDUCT CRIMINAL MISCHIEF CRIMINAL MISCI-HEF CRIMINAL MISCHIEF CRI/vflNAL MISCHIF~F WARRANT ARREST CRIMINAL MISCHH~ GANG CONTACT CRIMINAL MISCHIEF SUSPICIOUS ACTIVITY ASSAULT ASSAULT 200 N PACIFIC HWY 1600 PARK AVE 3400 LINOA ST/BURINGTON PARK 1025 N BOONF_~ FREEY RD/ FPMS 1220 YOUNG ST 1600 PARK AVE/LEGION PARK 1590 VAN LIEU CT UNKNOWN 689 N FRONT ST/I-III.T.YER FORD 2450 COUNTRY CLUB/FARWAY INN N SETrI.~ HAYES / PGE 669 YOUNG ST/YOUNG ST APTS 1025 N BOONES FERRY RD/FPMS 650 N FIRST ST/ INDEPENDENT 1025 N BOONS FERRY/ FPMS 535 N FIRST / POST OFFICE 686 GATCH ST 985 LAWSON AVE/TACO BELL 1600 PARK AVE/LEGION PARK 1279 N SECOND ST 1785 N FRONT/SPORTS FI'~I.D 800 BLK E LINCOLN ST 1215 N PACn~IC HWY/ ABBEY'S 549 N SETrLEMIER ST ESP HOBZ 13 lgTH STRRF~T 4 HOBZ 13 1 ESP 18TH STREET HOBZ 13 18TH STREET HOBZ 13 HOBZ 13 HOBZ 13 1 HOBZ 13 18TH STRI~-ET HOBZ 13 HOBZ 13 HOBZ 13 IgTH STR~:~r IgTH STIH~r 1 18TH STI~ 18TH STRI~I' HOBZ 13 HOBZ 13 18TH STREET 2 18TH STREET I *Arrests in boM~ Citations underlined FAX 982-2370 270 Montgomery Street Woodburn, OR. 97071 (503) 982-2345 Ext.349 15C CITY OF WOODBURN POLICE DEPARTMENT 270 Montgomery St~eet~-~ ~ Woodburn, Oregon 97071 Patrol Operation lJeutenant 982-2345 Ext. 352 August 11, 1994 To: Chris Childs, City Administrator Mayor and Council Subject: FY 93-94 Towed Vehicle Report In April 1994, the Woodbum City Council adopted City Ordinance 1531 which authorized the towing and impoundment of motor vehicles operated by uninsured motorists. The police department began enforcing this ordinance on April 29, 1994. At the end of FY 93-94 the Woodburn Police Department towed 85 vehicles as a result of drivers failing to show proof of insurance; 62 vehicles were released to the registered owners of the towed vehicles upon proof of insurance; 23 vehicles are still in impound and have not been released. The registered owners of the released vehicles must pay a $15.00 process fee to the police department. This fee has generated $930. of revenue in FY 93-94. Law enforcement officers have a certain amount of discretion when enforcing this ordinance, as with many other ordinances and state statutes. In most instances vehicles are towed when proof of insurance is not provided. On (5) five occasions police officers made the decision not to tow the vehicle and only issued a citation to appear in court. Reasons given for not towing the vehicles were; insured drivers took possession of vehicles; officer received priority call and could not wait for tow track; children in vehicles who would have been placed at risk. Drivers and passengers of towed vehicles left the area by various means such as; walked from scene; picked up by friend or relative with police assistance; followed driver and vehicle to their residence then had vehicle towed; transported person to jail on other charges. While enforcing the 85 failure to show proof of insurance violations, officers issued an additional 131 citations for other related traffic offenses such as failure to wear seat belts, careless driving, DUll, driving while suspended, speeding, no operators license, etc. One person who had her vehicle towed requested a hearing as provided by this ordinance. The municipal court judge upheld the police decision to tow the vehicle for failure to show proof of insurance. 15D CITY OF WOODBURN POLICE DEPARTMENT 270 Montgomery Str~~ Woodburn, Oregon 97071 / .i ~l l.l Paul E. Null . ~>~ Patrol Operat, ons~Lreutenant 982-2345 Ext. 352 August 12, 1994 To: Chris Childs, City Administrator Mayor and City Council Subject: Curfew Ordinance In May 1994, the Woodbum City Council adopted a Curfew Ordinance. The ordinance established a 10:00 p.m. curfew for children under the age of 16 and provides for a penalty for parents who knowingly or negligently allow their children to be in violation of the ordinance. The police department began enforcing this ordinance on June 3, 1994, after considerable public education. Since the ordinance has been in effect, the Woodburn Police Department has taken (13) thirteen children into custody and cited (5) parents into municipal court for the curfew violation. The ordinance has not been in effect long enough to obtain any real meaningful data, but thc officers find the ordinance to be a very effective tool in controlling juvenile delinquent behavior. By removing those juveniles from the streets who have the propensity to commit crimes and by compelling parents to be responsible for their children actions. 15E TO: FROM: MAYOR & CITY COUNCIL I~AI~CY (~FI'~ lVl~~ DIR~C'rOR CITY ~ I~R'rF~UO AUGUSI' 16~ 1994 Mayor Kelley has recently requested of staff an interim review of Woodbum's investment portfolio in li§ht of 'recent poor performances in mutual funds and reported weakness in the U. S. dollar.' We are forbidden by. law to buy corporate stock (ec!ui .fy) which is inherently more risky, than debt. We are allowed to buy U.S. _eovernment obli_eations. _zuaranteed Banker's Acceptances. certain Oreeon i~overnment and utili .ty bonds, time deposits, certain investments for annul .fy contracts and trusts, and certain corporate indebtedness. Mutual funds, which have a lar§e proportion of equity investment, currently operate in a hi§hly competitive climate. They are constantly 'ranked" by various ratin§ a§encies and by the media. Mutual fund mana§ers, who are directly compensated by the return on investment they produce, as compared to other similar funds, have added risk to these portfolios as a way of boostin§ performance. This has come from addin§ riskier traditional investments as well as usin§ more sophisticated, less understood, investments called 'derivatives". Derivatives have even been added to mutual funds that invest only in debt. This, alon§ with other factors, has resulted in some unexpected losses. The Council recently passed an investment policy which clearly states the City's investment objectives as: ~fety_. !__,~sli _ty. ' _li/!uidi .~. and _yield. Tb___~se_ _vo!!~'i~ em_vhs~=e that unr~_ ._~onable investment risk will not be assumed to obtain hvestment hcome. As well as following state law as to kinds of investments which can be purchased, this council bill decreases risk by: limitin§ investments (except under special conditions) to 18 months; limiting percentages of certain kinds of securities in the portfolio at any ~iven time; limitin§ investments with any one financial institution; limitin§ qualified financial institutions and brokers/dealers; limitin§ procedures used in purchasin§ investments. 15E As of July 31, 1994, approximately 84% of our investment funds were in the State Investment Pool, at which time, the Pool had funds invested as following: Cash on Hand Cash in Checking Oregon Short Term Pool Time Deposits Banker's Acceptances Commercial Paper Government Securities 0.0% 2.6% 23.2% 3.0% 0.0% 3.9% 67.3% An additional 16% of our investment funds were invested as follows: Government Securities U.S. Bank Banker's Acceptance % of total funds 8.7% 7.3% In summary, our investments are all among the safest that can be made. 15F MEMO TO: FROM: SUBJECT: DATE: Water Status Report August 18, 1994 With continued temperatures near seasonal averages daily water use has remained near expected levels for this time of year. Use is well within capacity of system. Staff has observed changes in the pattern of water use since the July hot spell. Previously water use built to a peak in the late afternoon or early evening hours. Recently two peaks have occurred. There is one peak in the early morning hours and then a second peak in the late afternoon and evening. This indicates that residents have changed their water use patterns and are shifting water use to the morning hours. 15G MEMORANDUM TO: THRU: FROM: SUBJECT: DATE: Mayor and City Council Chris Childs, City Administrator Nevin Holly, Director Recreation and Parks Woodburn Aquatic Center Update August 18, 1994 Woodbum's Aquatic Center project is progressing well. City staff, the consulting and architectural services and the volunteer pool committee all remain active in pursuing project objectives. The pool committee continues to meet on a bi-weekly basis on Wednesday nights. The next scheduled pool committee meeting is slated for Wednesday,. September 7th at 7:00pm at the Community Center. Coundl or other citizen participation is always welcome. To date over 300 wall tiles have been sold by the pool committee. There is space on the interior entry wall for over 900 tiles. Wall tiles are sold for $50 each and will continue to be sold the entire time construction is going on. Demolition of the old pool building is in progress. On Saturday, August 13th the Woodburn Fire Department burned the old pool building during a controlled burn exercise. The City of Woodburn Recreation and Parks Maintenance staff are completing the removal of debris and materials. Removal of the old decking still remains to be done. City staff are also going to perform this work. The rental of some heavy equipment has been necessary during the demolition. In-house demolition of the site is saving a great deal of money. Architectural and engineering services are 75% completed. Don Carey and Associates have indicated to me that completed construction grade documents are due to be completed by September 15th. No major changes occurred during the Design Development Phase. The Aquatic Center remains the same as Council approved early on in the project. To refresh your memories, the Woedburn Aquatic Center will include a 25 yard by 25 meter main pool, a training pool, an on deck hot tub, 2 saunas, and a water slide. The bath house will feature office areas and modern dressing room areas. The entire facility will be handicap accessible. Cost estimates remain in line with budgeted monies. The project time line is to have construction grade documents completed in September. Bid advertisements are projected for late September or early October, with project bid award in October. Project start time is projected for November. Projected project completion is the summer of 1995. Fall and winter weather will play a role in how quickly the construction occurs. We will be able to more closely identify an anticipated construction date when the bids are awarded and contract documents negotiated and signed. The Woodburn Aquatic Center is going to be a facility which will be a source of pride to Woodburn, and a facility which will be enjoyed by the community for many years. NH:swp MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Director Settlemier Street Resurfacing and Tentative Traffic Plan August 18, 1994 15H The Settlemier Street resurfacing project is proceeding as follows: ~ ..~[~'- - ~ ' ~ . ~'~; · · i ~ "~"i~ 3. Resurfacing contract award: September 12, 1994 4. Completion of resurfacing: November 7, 1994 The tentative traffic pattern during resurfacing operation is outlined on the attached map. To minimize the traffic flow interruption the project has been divided into two phases: Phase 1: Arthur to Hayes Phase 2: Hayes to Church The information on the final traffic plan will be attached to the council agenda of September 12, 1994 and the residents of the area will be informed by a door hanger or by other means. GST:Ig SETLNZER MIOOLE SCHOOL I§H A~ARTId E N TS KOTKK STREET GARfiELD MUSEUM /. z. CITY HALL SETTLEMIER PARK././r