[PAGE 1]
City of Rockaway Beach
Workshop City Council Meeting Agenda
Date: Wednesday, December 10, 2025
Time: 4:30 PM
Location: Rockaway Beach City Hall, 276 Hwy 101 - 2nd Floor Conference Room
View meeting later here: corb.us/city-council
Join here to attend remotely:
https://us06web.zoom.us/j/81047868906?pwd=jOLRSLY2bvYmKepa1OJqW4uyLrpUmx.1
Meeting ID: 810 4786 8906
Passcode: 928878
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253 215 8782 US (Tacoma)
What is a City Council Workshop? Workshops are intended to allow for preliminary discussions by the City Council and staff. Workshops
are held to present information to the Council so that the Council is prepared for upcoming regular meetings. Workshops are subject to
Oregon’s public meeting law and must be noticed accordingly. No final City Council decisions are made during workshops. The public is
encouraged to attend workshops but may not participate unless expressly asked.
Note: Agenda item times are estimates and are subject to change.
1. CALL TO ORDER
2. ROLL CALL
Mayor: Charles McNeilly
Councilors: Penny Cheek, Kiley Konruff, Tom Martine, Mary McGinnis, Pat Ryan
3. COUNCIL BRIEFING/DISCUSSION
a. Utility Assistance Program - Marni Johnston, Finance Director and Koren Karlovic,
CARE (4:31 p.m.)
b. Option Agreement for Jetty Creek Watershed - Mary Mertz, Public Works Director
(4:40 p.m.)
c. Review of Sewer and Water Code Updates Related to Billing (5:05 p.m.)
d. Review of OLCC Renewals (5:10 p.m.)
e. Review of Wayside Use Applications (5:15 p.m.)
f. Other Regular Session Agenda Items Review (5:35 p.m.)
4. ADJOURNMENT (5:40 p.m.)
Rockaway Beach City Hall is accessible to persons with disabilities. A request for an interpreter for the hearing impaired or for
other accommodations for persons with disabilities should be made at least 48 hours before the meeting to the City
Recorder Melissa Thompson at cityrecorder@corb.us or 503-374-1752.
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[PAGE 2]
Rockaway Beach City Hall is accessible to persons with disabilities. A request for an interpreter for the hearing impaired or for
other accommodations for persons with disabilities should be made at least 48 hours before the meeting to the City
Recorder Melissa Thompson at cityrecorder@corb.us or 503-374-1752.
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[PAGE 3]
Rockaway Beach City Council Workshop
STAFF REPORT
UTILITY ASSISTANCE PROGRAM
Agenda Date: December 10, 2025 Prepared by: Marni Johnston
Finance Director
BACKGROUND
The City is exploring the possibility of partnering with CARE Inc. to form a program to assist limited-
income individuals, families and seniors in crisis situations who need help paying their water/sewer
bills.
SUMMARY
WHEN: The City is planning to roll out its first sewer increase in the last decade, on the first billing after
February 1st. CARE Inc. is able to offer their services to roll out a new utility assistance program as by
approximately March or April at the earliest . If City Council is willing to enter into an MOU with CARE
Inc., the City will put a budget adjustment in front of city council in the new year.
SCREENING: CARE Inc. will assistance to write screening criteria. CARE Inc. will use their discretion
when screening based on criteria such as income, sudden illness, death in the immediate family, etc.
IDEAL PROCESS: The City will provide CARE Inc. with $15,000 initially. Applications would be
available at CARE Inc., and on the City’s website corb.us. Upon approval, CARE Inc. would contact the
City’s utility department and let them know that an application has been approved, and that funds are
enroute.
ADMINISTRATIVE FEES: CARE Inc. will recover the cost of their administrative time by imposing a
modest fee for each application which they process. This fee has not yet been determined.
FORMS and MOU: The City will work with CARE Inc. to develop an application form and MOU
template.
ESTIMATE NO. SERVED: Assistance amounts vary due to billing type, however, at minimum a $15,000
initial funding will assist at least 45 billings before funds are depleted.
FUNDING: The goal would be for the City to replenish this program annually, with each new budget
cycle.
Staff Report – Utility Assistance Program Page 1 of 2
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[PAGE 4]
PROGRAM OUTLINE
• Limit assistance to 2x per calendar year per account.
• Program is only open to households which the City of Rockaway Beach provides water/sewer
service to.
• Owners of multiple homes are limited to a total of 2 applications per year (same as everyone
else), and are limited to applying for only one address/account per year despite owning multiple
homes or units.
• Limit assistance per billing cycle to: Inside city limits $155 (max $310 per year) - In City Water
Only $78 (max $156 per year) - Outside city limits Water Only $75 (max $150 per year). The
City has the ability to note what type of account each customer has directly on the shut-off notice
so CARE Inc. will be able to see clearly the account type.
• Account does need to have a shut-off notice.
Staff Report – Utility Assistance Program Page 2 of 2
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[PAGE 5]
RESOLUTION NO. 2025-53
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT TO ACQUIRE AN OPTION TO PURCHASE REAL PROPERTY IN THE
LOWER JETTY CREEK WATERSHED
WHEREAS, the City of Rockaway Beach and L & C Tree Farms, LLC, acting
through its Manager, Nuveen Natural Capital LLC, previously approved a Letter of
Intent to negotiate an Option Agreement for the City’s acquisition of the lower Jetty
Creek Watershed; and
WHEREAS, the parties wish to enter into an Option Agreement, pending review and
approval from the Oregon Watershed Enhancement Board (OWEB), which has granted
funding for the acquisition; and
WHEREAS, the parties are in negotiation of the details of the Option Agreement, the
current working draft of which is described in the memo attached as Exhibit A which
would provide the City a right to purchase the property identified in the map attached as
Exhibit B.
NOW, THEREFORE, THE CITY OF ROCKAWAY BEACH RESOLVES AS
FOLLOWS:
Section 1. The City of Rockaway Beach City Council hereby authorizes the City
Manager to sign and to carry out all necessary actions to execute an
Option Agreement in substantially the form described in Exhibit A, with
such revisions as the City Manager and counsel negotiate.
Section 2: The City of Rockaway Beach City Council further authorizes the City
Manager to an execute an Amendment to the Letter of Intent with Nuveen
Natural Capital LLC extending the Letter of Intent deadline for Option
Agreement execution to January 31, 2026.
Section 3. This Resolution shall be effective immediately upon adoption.
APPROVED AND ADOPTED BY THE CITY COUNCIL THE 10TH DAY OF
DECEMBER 2025.
APPROVED
Charles McNeilly, Mayor
Resolution No. 2025-53 Page 1 of 2
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[PAGE 6]
ATTEST
Melissa Thompson, City Recorder
Resolution No. 2025-53 Page 2 of 2
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[PAGE 7]
Resolution 2025-53 - Exhibit A
TO: Rockaway Beach City Council
FROM: Daniel Wear, Sustainable Northwest
SUBJECT MEMO: Option Agreement Overview - the City of Rockaway Beach and Nuveen
Natural Capital
DATE: December 3, 2025
Discussion / Analysis
The City of Rockaway Beach (the City)'s primary water supply comes from Jetty Creek (the
Watershed), a stream which originates within a 1,300-acre forested watershed located three miles
north of the City. Since 2023, the City has been working closely with the landowner of the lower
595-acres of the Watershed, Nuveen Natural Capital (and their land manager, Lewis and Clark
Tree Farms) and continues to move towards an acquisition of an identified 800-acre parcel of
forestland containing 595-acres of the Watershed.
In June of 2024, the City signed a Letter of Intent with Nuveen. This Letter of Intent identified
the overarching goal of the City to acquire the identified 800-acres of forestland containing the
watershed. Within the document, two main priorities were identified. The first was the creation
of an Option Agreement, required by December 31, 2025. The second was Nuveen’s commitment
to hold the property from additional management or sale through December 31, 2026. This Letter
of Intent has allowed the City to effectively fundraise public and private funding for this effort.
Since its signing, the City has secured $1.25 Million in funding to directly support the property’s
acquisition1, is in the process of receiving a low interest and potentially forgivable loan2, and
received additional funding of approximately $250,000 to secure a timber valuation, property
appraisal, and legal support for this acquisition effort, along with the development of a forest
stewardship plan.3
Option Agreement Status
The current priority for the City is to execute an Option Agreement before the end of December
2025. This agreement will establish a clear pathway to a property acquisition by December 31,
2026. The Option Agreement will outline multiple targets and contingencies to ensure the City
can effectively proceed to enter into a binding purchase agreement. Additionally, this Option
Agreement will establish protections to both the City and Nuveen as it relates to the condition of
the property, purchase price negotiation, funding and budget contingencies to ensure all parties
are comfortable proceeding to an acquisition by the December 31, 2026 deadline identified in the
Letter of Intent.
1 Funding was awarded through the Oregon Watershed Enhancement Board’s Drinking Water Source Protection
Grant Program, all agreement must be reviewed and approved by OWEB.
2 The City is awaiting final terms of a Clean Water State Revolving Fund Loan through the Oregon Department of
Environmental Quality. This loan has the potential of being 50% forgivable up to $2 million dollars.
3 Funding provided through the Oregon Health Authority’s Drinking Water Source Protection Program.
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[PAGE 8]
Resolution 2025-53 - Exhibit A
the City is currently contracting with Stephen F. Cook, an Attorney (our Attorney) who has
expertise in land acquisitions in Oregon and Washington, to develop and help negotiate an option
agreement in line with the City’s needs. Our attorney is working closely with City Staff and
Contractors, as well as Oregon Watershed Enhancement Board (OWEB) Staff and Contractors, to
negotiate an option agreement that the City can sign prior to the end of 2025.4 To date, our
Attorney has developed a draft Option Agreement in line with OWEB standards and shared it with
Nuveen. We then received back from Nuveen’s attorney Nuveen’s proposed revisions to the draft
the City’s attorney prepared. the City staff and its attorney are working with Nuveen to revise
and refine the agreement with the goal of arriving at a final version that works for both parties.
The Option Agreement is a complex document that will contain upwards of fifteen focus areas.
Many of these sections are standard across property sales, however in this Option Agreement,
there are a few priorities it is important for City Council to be aware of.
The Main Items Option Agreement Will Contain:
• Term & Ability to Extend: Once signed the Option Agreement will confirm that, through
December 31, 2026, the City will have the right (but no obligation) to purchase the
property. Upon executing this option agreement, the City will pay $1,000, known as an
“Option Money Payment”; this is standard practice when signing an Option Agreement.
• If a sale is not possible within the initial term, Optionee (the City) may request an
extension of six months. This extension must be mutually agreed upon and if
extended, the City must pay an additional $5,000, known as an “Extension
Payment”.5
• Ability to Exercise Option Agreement: Sixty Days prior to the City’s preferred Close
Date, the City will confirm with Nuveen that the City is proceeding with the purchase of
the property for an agreed upon Purchase Price. If no agreement on price is reached by
this date, or if the City decides against proceeding with the purchase, the Option
Agreement will expire with no additional commitment by Nuveen nor the City regarding
the identified property.
• Conditions Prior to Exercising Option and Closing: The agreement will commit the
City, as the optionee, to perform due diligence on the property to ensure the property
conditions are in line with its expectations. Examples of these items include an
Environmental Site Assessment to accept all conditions on property as is, an approved
Property Appraisal, a current Title Report,6 and all other requirements to ensure the City’s
comfort in acquiring the property. If any of those conditions are not met, the City can
choose not to proceed with the purchase.
4 The signed Letter of Intent identified the end of 2025 as the preferred deadline for an co-signed upon Option
Agreement between the City and Nuveen.
5 All option money payments will go towards the acquisition as it proceeds, or be repaid to the City if the
acquisition fails to move forward.
6 Items such as a Property Appraisal, Title Reports, and Environmental Site Assessment are requirements in the
awarded Oregon Watershed Enhancement Board Funding and has been budgeted and planned for in the
acquisition process.
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[PAGE 9]
Resolution 2025-53 - Exhibit A
• Closing Process and Closing Costs: The agreement will outline the escrow and
financial closing process; this will include a closing window – which would be directly tied
to the timing of the Exercised Option Agreement. This will also identify which of the City
or Nuveen pays specific closing costs.
What the Option Agreement will not contain:
1. Final Purchase Price: The Option Agreement will not contain a final purchase price.
Rather, the agreement will identify that the purchase price will be identified in the coming
quarter, prior to the Date of the City’s required Exercised Option Agreement.
2. Official Commitment to Acquire the 800-Acre Lower Jetty Creek Parcel: Securing
the Option Agreement does not commit the City to acquiring the property, or to making
any irrecoverable payments within this process.
The Option Agreement will not commit the City to the official purchase of the property, nor will it
commit the City to pay a certain price for the identified 800-acre parcel. However, the Option
Agreement will act as a mechanism to formalize the City’s interest in acquisition and will identify
the formal process to take place when the City is able to formally commit to acquiring the
property. The Option Agreement will, instead, provide the City a right to purchase the property,
if it exercises the option, and if the property and other conditions are satisfactory.
While the Option Agreement is still in negotiation, the City staff and the City’s attorney believe it
is likely that the City and Nuveen can complete negotiation of the Option Agreement, arriving at
a version satisfactory to the City, before the end of December.
Requested Actions:
(1) Given the timeline for signing an Option Agreement, identified in the Letter of Intent as
no later than December 31, 2025, and the significant progress that has been made to
date towards the acquisition of the Lower Jetty Creek Watershed, City Council should
consider at its December 10 meeting granting the City Manager authority to sign the
Option Agreement once the City Manager, the City’s Contract Attorney, City Staff, and
Contractors agree that negotiations have produced a version of the Option Agreement
acceptable to the City.
(2) To ensure the City does not miss the deadline to enter an Option Agreement if the parties
do not finalize the Option Agreement before the end of December, it would also be
advantageous for the City Council to grant the City Manager authority to sign any
amendments to the current Letter of Intent to extend the deadline for entering into an
Option Agreement into early 2026. That would ensure adequate time is given to City Staff
and Contractors to develop an Option Agreement which all parties are comfortable with.
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[PAGE 10]
Resolution 2025-53 - Exhibit A
__________________________
Daniel Wear, Senior Forest Program Manager, Sustainable Northwest
CC: Luke Shepard, City Manager
Mary Mertz, Public Works Director
Stephen Cook, Attorney
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[PAGE 11]
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[PAGE 12]
Proposed Sewer Code Amendments (redline) Page 1 of 2
CHAPTER 52: SEWERS
…
§ 52.06 MAKING SANITARY SEWER CONNECTIONS.
…
(A) No unauthorized personal shall uncover, make any connections with or opening into,
use, alter or disturb any public sewer or appurtenance thereof without first making written
application with the City Recorder and receiving approval from the city;
…
§ 52.09 COLLECTION OF FEES; CHARGES.
The city may use the means for collecting of sewer charges or fees, as are provided by the
laws of the State of Oregon and/or are authorized by the charter and ordinances of the city.
All sewer charges shall be made, enforced and collected by the Council acting through the
City Recorder as follows:
(A) The City Recorder is hereby directed to city shall collect the sewage rates and
charges from each user of the sewage facilities or of water from the City Public Works
Department. All charges shall be shown on the regular water bill. The Public Works
Department of the city may enforce the collection of rates and charges for the use of
sewage facilities by withholding delivery of water to any premises.
(B) Where a leak exists underground between the meter and the building and the same
is repaired within 10 days after the consumer of the premises has been notified in writing
of the leakage, the City Public Works Department city may allow an adjustment of up to
50% of the estimated excess consumption provided that the consumer notified the City
Public Works Departmentcity of the repair and the City Public Works Department has
confirmed that the repair has been satisfactorily completed.
(C) When the user is the property owner, any delinquencies in payment thereof may be
certified to the assessor for Tillamook County, Oregon, in accordance with the Oregon
Revised Statutes. In addition, if the fee or charge is not paid to the city by the tenth
seventeenth of the month following billing, the fee shall be deemed to be delinquent. If the
charges are not paid by the thirtieth day of the month following billing, the fee or charge
may become a lien in favor of the city against the property served if the property is owned
by the user. The City Recordercity shall make a record of the lien in favor of the city in the
city lien docket or book. If the user is not the property owner of the serviced property, then
the city may proceed by any action by law or statute to recover the fees and charges. Any
overdue sewer charge or fee further may be collected, at the option of the city and/or by an
action at law in the name of the city.
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[PAGE 13]
Proposed Sewer Code Amendments (redline) Page 2 of 2
§ 52.10 HANDLING OF FUNDS.
…
(C) All collections of sewer user charges, connection fees and all other fees associated
with the sewer, shall be made by the City Recorder. Sewer user charges shall be set by the
Council by resolution and shall be payable as provided in § 52.07this chapter.
(D) Rates and charges for sewage facilities shall be delinquent if not paid by the tenth
seventeenth day of the month following the billing.
…
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[PAGE 14]
Proposed Water Code Amendments (redline) Page 1 of 1
CHAPTER 53: WATER
…
§ 53.11 BILLING.
...
(C) Metered rates are payable on or before the tenth seventeenth day of the month
following billing. Meters will be read on or about the eleventh sixteenth day of the month
and consumers of city water shall be billed on or about the twenty-fifth day every other
month for water used during the preceding 2 months.
(D) All charges shall be deemed delinquent if not paid by the tenth seventeenth day of
the month following billing.
…
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[PAGE 15]
City of Rockaway Beach, Oregon
276 S. Highway 101, PO Box 5
Rockaway Beach, OR 97136
503.374.1752
STAFF REPORT
Date: December 3, 2025
To: City Council
From: Luke Shepard, City Manager
Subject: Review of OLCC Annual License Renewals
ISSUE STATEMENT
The City Council may consider whether they wish to recommend that OLCC deny or restrict any
annual liquor license renewals.
BACKGROUND
The Oregon Liquor and Cannabis Commission (OLCC) provides the City with a list of upcoming
license renewals and gives local governments 60 days to recommend approval or denial. License
applicants complete their application with OLCC online. Applicants must pay the City’s $25 renewal
fee.
CITY MANAGER’S COMMENT
Staff does not have any reports of problems relating to current licenses that OLCC can consider to
refuse or restrict a license. Staff recommends the City Council review the licenses scheduled for
renewals and approve them under the Regular Meeting Consent Agenda.
COUNCIL OPTIONS
The Council may:
• Recommend Approval (by doing nothing). If the City does not submit a
recommendation by January 13th, the OLCC will process the renewal application as a
favorable recommendation.
• Recommend Denial
1. File an unfavorable recommendation, stating the grounds for the unfavorable
(must meet denial criteria on attached PDF); OR
2. Make a written request for additional time to complete an investigation. The
request must state:
A) You are considering making an unfavorable recommendation;
B) The specific grounds being considered.
Staff Report – Review of OLCC License Renewals Page 1 of 2
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[PAGE 16]
The grounds must be one referenced in Oregon Administrative Rule 845-005-
0308(3). If your request is granted you will be given a 45-day extension to file
your unfavorable recommendation. Unfavorable means recommending denial of
a license or requesting restrictions be placed on a license.
• Provide other or no direction, as desired.
ATTACHMENTS
• OLCC Licenses Renewals for March 31, 2026
• OLCC License Denial Criteria
FOR MORE INFORMATION
Staff Contact: Luke Shepard, City Manager
Telephone: (503) 374-1752
Staff E-Mail: citymanager@corb.us
Staff Report – OLCC Annual License Renewal Recommendations Page 2 of 2
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[PAGE 17]
OLCC License Renewals March 2026
Trade Name Licensee Name License Type Expiration Date Physical Address
BEACH BITE RESTAURANT AND DOS ROCAS SENOR LATINO LLC FULL ON-PREMISES SALES - COMMERCIAL 03/31/2026 176 S HIGHWAY 101 ROCKAWAY OR 97136-
MEXICAN RESTAURANT
CENTER MARKET #27 SIMRON INC OFF-PREMISES SALES 03/31/2026 140 HIGHWAY 101 N ROCKAWAY BEACH OR 97136-
CENTER MARKET #34 NIRANKAR, INC. OFF-PREMISES SALES 03/31/2026 208 S ANCHOR ST ROCKAWAY BEACH OR 97136-9783
DOLLAR GENERAL STORE #18455 DG RETAIL LLC OFF-PREMISES SALES 03/31/2026 412 HIGHWAY 101 N ROCKAWAY BEACH OR 97136-
EL TRIO LOCO III TRIO BAUTISTA LLC FULL ON-PREMISES SALES - COMMERCIAL 03/31/2026 122 HIGHWAY 101 N ROCKAWAY BEACH OR 97136-
GREEN COAST MARKET GREEN COAST MARKET LLC OFF-PREMISES SALES 03/31/2026 119 S MILLER ST ROCKAWAY BEACH OR 97136
JOE'S SNACKS AND BEER HISTORICAL ROCKAWAY SNACK SHACK LLC LIMITED ON-PREMISES SALES 03/31/2026 101 S MILLER ST ROCKAWAY BEACH OR 97136-
LAKESIDE HIDEAWAY AWESOME INDOOR PLAYGROUND SALEM, LLC FULL ON-PREMISES SALES - COMMERCIAL 03/31/2026 670 HIGHWAY 101 N ROCKAWAY OR 97136-9582
PELICAN TAP ROOM ROCKAWAY BEACH PELICAN BREWING COMPANY FULL ON-PREMISES SALES - COMMERCIAL 03/31/2026 165 S MILLER ST ROCKAWAY BEACH OR 97136
RICK'S ROADHOUSE RICK'S ROAD HOUSE INC FULL ON-PREMISES SALES - COMMERCIAL 03/31/2026 184 S HIGHWAY 101 ROCKAWAY BEACH OR 97136-
ROCK BOX CART LLC LIMITED ON-PREMISES SALES 03/31/2026 530 HIGHWAY 101 N ROCKAWAY BEACH OR 97136-9668
SAND DOLLAR RESTAURANT & LOUNGE SAND DOLLAR LLC FULL ON-PREMISES SALES - COMMERCIAL 03/31/2026 210 N 1ST AVE ROCKAWAY BEACH OR 97136-
SPIRITS OF THE WEST ORWESTSPIRITS LLC DISTILLERY 03/31/2026 212 N HIGHWAY 101 UNIT C ROCKAWAY OR 97136
TIE BREAKER TIE BREAKER LLC FULL ON-PREMISES SALES - COMMERCIAL 03/31/2026 194 HIGHWAY 101 S ROCKAWAY BEACH OR 97136-
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[PAGE 18]
REASONS WE MAY DENY OR RESTRICT A LICENSE
ORS 471.313(4)(5), OAR 845-005-0320, 845-005-0321, 845-005-0322
845-005-0325, 845-005-0326(4)(5) or 845-005-0355
The following is a list of problems relating to the APPLICANT or BUSINESS that OLCC
can consider to refuse or restrict a license:
1. Applicant has a habit of using alcohol or drugs to excess
2. Applicant makes a false statement to OLCC (must be related to a refusal basis)
3. Applicant has been convicted of local, state or federal laws that are substantially
related to the fitness of holding a liquor license
4. Applicant has demonstrated poor moral character
5. Applicant has a poor record of compliance when previously licensed by OLCC
6. Applicant is not the legitimate owner of the business
7. The business has a history of serious and persistent problems at this location.
The problems can include:
 Obtrusive or excessive noise, music or sound vibrations
 Public drunkenness
 Fights or altercations
 Harassment
 Unlawful drug sales
 Alcohol or related litter
OLCC is not able to consider the following issues when deciding to renew a
liquor license:
 Lack of parking
 Increase in traffic
 Too many licenses in a specific area (saturation)
 Entertainment type - nude dancing, gambling, live bands, etc.
 Increased noise
 Zoning issues
Visit www.oregon.gov/olcc/ to see the full text of ORS and OAR referenced above. In
order for an unfavorable recommendation from a local government to be valid, the
grounds must be found in the license refusal bases of ORS 471.313(4), 471.313(5),
OAR 845-005-0320, 845-005-0321, 845-005-0322, 845-005-0325 or 845-005-
0326(4)(5) or the license restriction bases of OAR 845-005-0355, and must be
supported by reliable factual information.
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