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City Council Packet - 09/30/1985 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on the appropriate SEPTEMBER 30, 1985, 7:00 PM sign-up sheet(s). If no sheet is available, CITY HALL ask to be recognized by the Chair at the start 12755 SW ASH AVE. of that agenda item. Visitor's agenda items TIGARD, OREGON 97223 are asked to be kept to 2 minutes or less; longer matters can be set for a future Agenda by con- tacting either the Mayor or City Administrator. 1. REGULAR MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Non-Agenda Items 2. RATIFY STREET VACATION HEARING FINDINGS 2.1 ORDINANCE NO. 85- APPROVING TIGARD STREET VACATION 2.2 ORDINANCE NO. 85-_ APPROVING WALNUT PLACE STREET VACATION 2.3 ORDINANCE NO. 85- APPROVING 74TH AVENUE STREET VACATION 2.4 ORDINANCE NO. 85-_ APPROVING 122ND AVENUE STREET VACATION 2.5 ORDINANCE NO. 85-_ APPROVING 67TH 6 CLINTON STREET VACATION 3. APPROVE ANNEXATION PLANNING AREA AGREEMENT - RESOLUTION 40. 85 o Community Development Director 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Council Minutes: 9-23-85 4.2 Approve Community Development Land Use Decisions 4.3 Approve ChartE+• Revision Ballot Measures - Resolution No, 85-77 4.4 Approve City Questionnaire Format 4.5 Approve Arlie's Plantation Subdivision Compliance Agreement 6 Performance Bond 6 Authorize Signatures 4.6 Approve Findings For Temporary Use TU 5a-85 - Res. 85-78 4.7 Receive C File: LCOC Acknowledgement of Comp. Plan 4.8 Receive 6 File: County Road Jurisdiction Information ! 4.9 Approve Partial Release of Funds: Meadow Creek Apartments - [_ $18,626.10 4.10 Approve Partial Release of Funds: Pacific Crossroads Plaza - $5,620.05 4.11 Approve Partial Release of Funds: Winterlake I - $3.289.06 5. NON-AGENDA ITEMS: From Council and Staff 6. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d) to discuss labor relations issues. 7. PERSONNEL RESOURCES WORKSHOP - City Administrator 7.1 Merit System Discussion Current Program/Council Concerns/Consultant 7.2 Personnel Rules Discussion Rough Draft/Outline: General Rules, TPOA, TMEA, M-P Executive, M-P, Employees/Policy Statement: TC_MM, Employee Involvement, Cross-Training, Productivity b Security, Community Relations, Cost-Consciousness/FLSA Survey - Exempt vs Nan-Exempt/Discipline i Dishcarge 7.3 Benefits Summary Comparative Summary: M/P, TPOA, THEA, PT, TEMP/Handbook 7.4 Wellness Program Plan V vs. Plan II-IV 7.5 Training Policy - FLSA Rules, Duty Time, !raining College, Comp Time Budget 7.6 Salary/Classification ,tudy 8. ADJOURNMENT lw:3247A COUNCIL AGENDA - SEPTEMBER 30, 1905 - PAGE 1 T I G A R D C I T Y C 0 U N C I L ' REGULAR MEETING MINUTES - SEPTEMBER 30, 1985 - 7:00 P.M. 1. ROLL CALL: Present: President Tom. Brian; Councilors: Phil Edin, Jerry Edwards, and Ima Scott; City Staff: Bob Jean, City Administrator; and Loreen Wilson, Deputy City Recorder. 2. CHAIRMAN ELECTION a. Councilor Scott moved to elect Councilor Edin to serve as the Council Chairman until President Brian arrived. Motion seconded by Councilor Edwards. Approved by unanimous vote of Council present. 3. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS a. City Administrator requested the following items be considered under non-agenda items. .1 Civic Center Report ,2 Omekus - League of Oregon Cities .3 League of Oregon Cities Convention COUNCIL PRESIDENT BRIAN ARRIVED: 7:10 PM, Council Chair Edin turned the / meeting to to President Brian. \ 4. ORDINANCE NO, 85-33 AN ORDINANCE VACATING A 10 FOOT WIDE PORTION OF SW TIGARD STREET NEAR GRANT AVENUE AND DECLARING AN FFFE�(ZVE DATE. a. Motion by Councilor Edin, seconded by Councilor Edwards to approve. Approved by unanimous vote of Council present. 5. ORDINANCE NO. 85-34 AN ORDINANCE VACATING A PORTION OF SW WALNUT PLACE NEAR PACIFIC HIGHWAY AND DECLARING AN EFFECTIVE DATE. a. President Brian noted a potential conflict of interest and stated he would not be voting in this matter. b. Lengthy discussion followed regarding the issue of sidewalk improvements needed along Pacific Highway in front of Tax Lot 1900 and the vacation area. President Briar noted the property owners willingness to participate in funding the improvement now as a condition of the vacation if the City paid for the area in front of the vacation portion of land. Council consensus was to pay no more than $1000 for the improvement from SDC funds. C. Motion by Councilor Edin, seconded by Councilor Scott to adopt Ordinance No. 85-34. Page 1 - COUNCIL MINUTES - SEPTEMBER 30, 1985 F IN d. Motion by Councilor Edin, seconded by Councilor Edwards to amend Ordinance No. 85-34 by adding the following language as one of the conditions of the vacation. "Sidewalk be completed to City standards along the southeasterly side of Pacific Highway along the full length of Tax Lat 1900 on Tax Map 2S1 2BD and the vacated portion of SW Walnut Place right-of--way with the cost being shared between the City of Tigard and the owners of Tax lot 1900. Under no circumstances shall the cost to the City of Tigard exceed $1000.G0. This improvement shall be completed prior to this vacation being effective." Motion to amend approved by 3-0-1 majority vote of Council present, President Brian abstaining. PRESIDENT BRIAN LEFT: (7:25 AM) Motion to approve amended Ordinance No. 85-34 was approved by unanimous vote of Council present. PRESIDENT BRIAN ARRIVED: (7:28 PM) 6. ORDINANCE NO. 85-35 AN ORDINANCE VACATING A PORTION OF SW 74TH AVENUE NEAR CHERRY DRIVE AND DECLARING AN EFFECTIVE DATE. a. Motion by Councilor Edin, seconded by Councilor Edwards to adopt. Approved by unanimous vote of Council present. 7. ORDINANCE N0, 85-36 AN ORDINANCE VACATING A PORTION OF SW 122ND AVENUE NEAR GREENWAY CENTER AND DECLARING AN EFFECTIVE DATE. a. Motion by Councilor Edwards, seconded by Councilor Edin to adopt. Approved by unanimous vote of Council present. 8. ORDINANCE NO. 85-37 AN ORDINANCE VACATING A PORTION OF SW 67TH AVENUE AND CLINTON STREET AND DECLARING AN EFFECTIVE DATE. a. Motion by Councilor Edin, seconded by Councilor Scott to adopt. Approved by unanimous vote of Council present. 9. APPROVE ANNEXATION PLANNING AREA AGREEMENT a. Upon City Administrator's request, consensus of Council was to continue to 10/14/85 for consideration. Page 2 — COUNCIL MINUTES - SEPTEMBER 30, 1985 A. ,: .. are considered to be routine and may be 10. CONSENT AGENDA: These items enacted in one motion without separate discussion. Anyone may request t that an item be removed by motion for discussion and separate action. Motion to: 10.1 Approve Council Minutes: 9-23-85 10,2 Approve Community Development Land Use Decisions 10.3 Approve Charter Revision Ballot Measures - Resolution No. 85-77 10.4 Approve City Questionnaire Format 10.5 Approve Arlie's Plantation Subdivision Compliance Agreement & Performance Bond & Authorize Signatures 10.6 Approve Findings For Temporary Use TU 5a-85 - Res. 85-78 10.7 Receive & File: LCDC Acknowledgment of Comp. Plan 10.8 Receive & File: County Road Jurisdiction Information - 10,9 Approve Partial Release of Funds: Meadow Creek Apartments $18,626.10 - 10.10 Approve Partial Release of Funds: Pacific Crossroads Plaza $5,620.05 10.11 Approve Partial Release of Funds: Winterlake I - $3,289.06 a, Motion by Councilor Scott, seconded by Councilor Ed in to pull items .3 and .6 for separate discussion Approved by unanimous vote of Council present. b. Motion by Councilor Edin, seconded by Councilor Scott to approve consent agenda, less items .3 & .6 with minutes amended to read "Edwards" instead of "Edin" under item 07 (i). ' Approved by unanimous vote of Council present. C. ITEM .3 Councilor Scott questioned why t'nis was referred to as a "special election". City Administrator noted that this was in conformance with state requirements. Motion by Councilor Scott, seconded by Coun ilor Edwards to for Charter approve Resolution No. 85-77 ing aret he 7calli/5/85 election, amendments to be considered by t Approved by unanimous vote of Council present. d. ITEM .6 ed regarding the temporary use request by Lengthy discussion follow Scoville and the desirability of no driveway access to 99W. Mr. Scoville questioned the condition of a 6' high fence . Hea noted that surrounding property owners would Pof G support request either. He had psuch lanned a split rail type Council requested the City Attorney answer the following questions at a future meeting: + if o Is there a way to revocate he temporary use approval lcconditions are not met? U Is there a code requirements for a 6high fence? Page 3 - COUNCIL MINUTES - SEPTEMBER 30, 1985 Motion by Councilor Edin, seconded by Councilor Scott to grant a 30 day administrative extension of the Temporary Use and bring back the issue at the 10/14/85 Council meeting. Approved by unanimous vote of Council present. Councilor Scott required input from the NPO in the area at the 10/14/85 meeting. 11. NON—AGENDA ITEMS 11.1 CIVIC CENTER a. City Administrator stated that members of the Civic Center Advisory Committee wished to discuss a matter with Council regarding pending litigation. He recommended this be done in Executive Session only. Deputy Recorder stated this could not be heard this evening under Executive Session since pending litigation issues had not been advertised. Consensus of Council was to take a recess to discuss issue in small groups. RECESS: 8:12 PM RECONVENE: 8:26 PM b. After further discussion, Councilor Edin moved to hold an Executive Session under ORS 192.660 (1) (h) to discuss pending litigation issues on Sunday, October 6, 1985 at 12:30 PM at the Civic Center site, 13 SW Hall Blvd. , Tigard, Oregon. Besides Council the citizens who are invited to attend are: Betty Golden, Patt Biggs, Dan Graham, 6 Jim Blaurock of the Park Board, and Valerie Johnson and Carolyn Eaden from the Civic Center Advisory Committee. Motion seconded by Councilor Edwards. Approved by unanimous vote of Council present. 11.2 Omekus — League of Oregon Cities a. City Administrator stated that the League has requested each City which originally participated in a portion of the funding of the Omekus Suit consider whether they would allow these funds to be used to assist City of Salem and Eugene to offset their expenses. b. Motion by Councilor Edin, seconded by Councilor Scott to approve assistance to City of Salem and Eugene with City funds given to League of Oregon Cities for the Omekus Suit ($$150.00). Approved by unanimous vote of Council present. Page 4 — COUNCIL MINUTES — SEPTEMBER 30, 1985 11.3 League of Oregon Cities Convention ( a. City Administrator distributed registration forms for League of ` Oregon Cities Convention. Council will consider at 10/14/85 meeting approval for training requests. City Administrator requested Council approval for his attendance at the convention. This would cost $163. b. Motion by Councilor Edin, seconded bl Councilor Edwards to approve Administrator's training requeet. Approved by 3-1 majority vote of Council present. Councilor Scott voting nay. 11.4 Civic Center Furnishings Bid a. City Administrator distributed bid opening notes and stated Council would get official report at the 10/14/85 meeting. 11.5 Traffic Study In Triangle Area a. City Administrator stated that this Council requested study would be accomplished by Bob Wright and would cost about $14,198 and would be authorized from SDC funds. RECESS: 8:53 PM 12. EXECUTIVE SESSION: The Tigard City Council went into Executive Session under the provisions of ORS 192.660 (1) (d) to discuss labor relations issues at 8:54 PM. 13. PERSONNEL RESOURCES WORKSHOP a. Consensus of Council to consider at a later date. 14. AOJOURNMENT: 10:25 PM Deputy City Recorder - City of Tigard ATTEST: r City of Tigard LW/3280A Page 5 - COUNCIL MINUTES - SEPTEMBER 30, 1985 Yds TIMES PUBLISHING COMPANY Legal 7_650 P.O.BOX 370 PHONE(503)684-0360 Notice BEAVERTON,OREGON 97075 t Legal Notice Advertising ��CFlVED • • n Tearsheet Notice 4a City of Tigard • PO Box 23397 • [3Duplicate Affidavit C"7 Tigard, OR 97223 • TlGARD AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )ss. 1, Th-rnca Rtii n}iar beinj first duly sworn, depose and say that I am the Advertising Director,or his principal clerk,of the Tigard Time 4 , a newspaper of general circulation as defined in ORS 193,010 and 193.020; published at— Tigard in the aforesaid county and state;that the City Council Regular Meeting a printed copy of whiQh is hereto annexed, was published in the entire issue ad said newspaper for 1 successive and consecutive in the following issues: September 26, 1985 Subscribed an to Dafore me this_Sept . 26, 1985 7 tary Public for Oregon My Commission Expires: 9/20/88 AFFIDAVIT r . e - ¢ YQOUNft.REGUIi`.AB +Y rU e 1 CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed i v:;14 STATE OF OREGON ) County of Washington) ss City of Tigard ) Z, �-�i- flat- 1 h being first duly sworn. on oath depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) which were adopted at the Council Meeting dared bin hereto attached and by reference made a copy(s) of said ordinance(s) e 1985. part hereof, on the 1day of c?1 L r � G ;'t" �a► I 1 :�755 5 c.J /Q s k A LV-4'LA-q-, ®n' a Po ►; Q �� a Subscribed and sworn to before me this qday of llL� 1985. r A 1-701 Notary Public for Oregon My Commission Expires: 9-.2-2-Z7 'iter CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the PrOP05red ex L't e-51 STATE OF OREGON ) County of Washington) ss City of Tigard ) being first duly sworn, on oath depose and say, That I posted in the following public and conspicuous places, a copy of Notice of Ordinance Consideration for the Council Meeting dated cl-Aa -5r a copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the a 3►'� day of 1' '* _ba,. _ 1985. (,^ IAC'QSL- ��'�SS SLS) �s�► ; �dc '� S c..0 `� "�'`cv►ti1 �+�i " ck Subscribed and sworn to before me this day of Z' w 1985. Notary Public for Oregon -2� P' My Commission Expires: - " • nn `f J MEMORANDUM CITY OF TIGARD, OREGON a i TO: Mayor and City Council September 30, 1985 FROM: Loreen Wilson, Recorder SUBJECT: Walnut Place Vacation - Suggested Language For Sidewalk Improvement Condition Should the Council decide to act on the Walnut Place Right-of-way Vacation - ordinance this evening, one of the following conditions should be considered for the requirement of sidewalk improvements in the area as outlined in the Randy Clarno's memorandum which is attached. A. Sidewalk be completed to City standards along the southeasterly side of Pacific Highway along the full langth of Tax Lot 1900 on Tax Map 2S1 28D and the vacated portion of SW Walnut Place right-of-way with the cost being shared between the City of Tigard and the owners of Tax lot 1900. Under no circumstances shall the cost to the City of Tigard exceed $1000.00. This improvement shall be completed prior to this vacation being effective. 8. Sidewalk be comp.ated to City standards along the southeasterly side of Pacific Highway along the full length of Tax Lot 1900 on - Tax Map 2S1 280 and the vacated portion of SW Walnut Place right-of-way with the cost being assumed by the abutting property owners. This improvement shall be completed prior to this vacation being effective. The larger policy question which has been raised by the Engineering Division, should be scheduled for future consideration by the Council. lw/3214A Attachment - Randy Cla;^no's Memorandum dated 9/30/85 MEMORANDUM CITY OF TIGARD, OREGON T0: Loreen Wilson, City Recorder September 30, 1985 FROM: Randy Clarno, Engineering Services Manager SUBJECT: Public Improvement Concerns Associated With "Walnut Place" Street Vacation After the 9/23/85 Council meeting, at which the above referenced street vacation was heard, several concerns have been raised regarding the completion or public improvements within or adjacent to vacated right-of-ways. Relative to this street vacation, tthe Engineering Division would like the Council to consider various alternatives in completing needed sidewalk improvements before adopting this ordinance aid examine the overall policy question. The attached map illustrates developed and undeveloped property in the area of this vacation. As you can see, sidewalks do not exist on Walnut Place, however, given the surrounding development the need or demand would appear to be high. Approximately 110 feet of this Walnut Place frontage is adjacent to the area to be vacated. There is also approximately 210 feet on the southeasterly side of Pacific Highway between the Hudson Plaza development, near Walnut Place, and SW Main Street that needs sidewalk. Of this 210 feet, 150 feet is located adjacent to developed properties at the corner of Walnut ( Place and Pacific Highway and 60 feet is located adjacent to the right-of-way to be vacated. In addition to this needed sidewalk, there is a Tri-Met bus shelter at the corner of Walnut Place and Pacific Highway that will need to be relocated as the result of these sidewalk improvements. Tri-Met has informed me that they will provide most of the work in this effort. The Engineering Division poses the question, should the installation of these sidewalks be conditional upon the benefiting properties of the vacation (only those sidewalks adjacent to the vacated area), or should the sidewalks be installed upon re-development of these developed properties? Other alternatives would be for the City to install these sidewalks or a joint City-property owner effort. The latter has been proposed by representatives of the Hudson Plaza in which they will install sidewalks on Pacific Highway in front of Tax Lot 1900 and the City should install sidewalks on Pacific Hightway adjacent to the vacated area. This would cost the City about $920 while the Hudson Plaza developers would pay about $1800. If the City should agree to this, they have informed us that it would be completed within 30 days. The Engineering Division is requesting Council direction on this specific street vacation and to possibly establish a policy on needed public improvements adjacent to vacated area. lw/3270A Attachment: Locational Map • IVV4 �s a� 12Ac. 0, 434 e 150 b 100!' 10f 03 � a, 23 -74 23A2c. r Aja/]E N D o (002 r +� ti a` % • �� '• 24Ac. + ,'' 1300 'ro titi ' 21Ae 1Ir 8 , °o 'a 1100 � a d ryo .17Ac. 1400 �r!p 30Ac .�•�`' 1200 p s Cp ° 38 Ac. , 4r. ,� �C�'v •1503 °° 1.44 Ac ! w' 2200 0 s •�<, / 2100 --I 23Ac �y ;'•° i TQ I 3. �/� �\4 1:.SNo.109291 /y �p �, t, ,.` ti 44 Ac �� T 7 �. 8• 20004++ �; '!4 (CSNo11256) 25Ac. �L�1D pnA 2600 ` +cam o .y 1700 `eco 87Ac 3,+c 2501 �is?�.r ~ . ,•~ 45 Ac ,.. r. 1C.5.m121 *01 37 VMS* , a� .43 4c . 1 900 y. Ac U •.. y�G � `r`.'i1���� fF.��V�` h +• q� Q /� 5.74 Ac. 3101 o f' o •i'` 3101 Al r ti F / �• / .75Ac. X / y i � r +' 3000 r, SI�1i14r9d1LiG °'i `� • 3ZAe D` ' •• 2900. ° �s� 3;00 kv 19Ac. $� Z.22Ac '� 1 3 gw •r 't tic Ac. 21 Mo JJ'si ,Y 3200'' awy•1 r+JJ A +4 .20A c. \ '17 f,� � • o f io IC.S.No.119021 es i k1 SEE MAP �— ,..2S 12CA s L 3300 22Ac. Joe%, f i ,T r a low MEMORANDUM CITY OF TIGARD. OREGON T0: Honorable Mayor and City Council September 26, 1985 FROM: Loreen Wilson, Recorder ' '..v"' SUBJECT: APAA Resolution Staff is working with City of Beaverton to develop an agreement which may be hard—carried Monday evening. lw/32.50A b: g� , now CITY OF TIGARD, OREGON fR COUNCIL AGENDA ITEM SUMMARY ( AGENDA OF: September 30, 1985 AGENDA ITEM #: ' DATE SUBMITTED: -September 25, 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Notice of Decision: MLP 11-85, Halvorson; PREPARED BY: Community Development MLP 12-85, Aszman; MLP 13-85/SDR REQUESTED BY: 13-85 Hughes 6 Blue; MLP 14-85 Waymire DEPARTMENT HEAD OK: M,41?f - CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Attached are the Notices of Decision for the following: 1. MLP 11-85 - William and Jane Halvorson to partition a 7.48 acre parcel at 12555 SW Summercrest Driae. 2. tiLP 12-85 - Frank Aszman to partition a 5.01 acre parcel into two parcels at 12085 SW 135th Avenue. 3. MLP 13-85/SDR 12-85 - Hughes and Blue to partition a 2.47 acre parcel into two parcels at 11495 SW Hall Blvd. 4. MLP 14-85 - Ken Waymire to divide a 1.84 acre parcel into two parcels located north of Bond St. and east of 81st Avenue. ALTERNATIVES CONSIDERED 1. Receive and file. 2. Motion to remove from Consent Agenda and call up for Council review at a later meeting. SUGGESTED ACTION Receive and file. (1911P) CITY(NTIFARD WASHINGTON COUNTY.OREGON NOTICE OF AMENDMENT TO PLANNING DIRECTOR'S DECISION FOR: HALVORSON MLP 11-85 A Notice of Decision was mailed by the City of Tigard on 9/20/85. The decision shall be final on 9/30/85 NOT 10/30/85 as indicated on the decision. The appeal period shall expire on 9/30/85 at 4:30 P.M. NOT 10/30/85. (KSL:br/1899P) 12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 CITY OF TIGARD J� NOTICE OF DECISION MINOR LAND PARTITION MLP 11-85 APPLICATION: Request by William and Jane Halvorson to partition a 7.48 acre parcel into two parcels of 18,525 square feet and 7.05 acres on property zoned R-4.5 (Residential, 4.5 units/acre) and located at 1255 SW Summercrest Drive (WCTM 1S1 34 CB, TL 200). DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above described applications subject to certain conditions. The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 1. Background No ether land use cases have been reviewed by the City regarding this property. 2. Vicinity Information The property to the north is zoned R-7 (Residential, 7 units/acre) and is being developed for single family residences (Anton Park). The remaining properties in the immediate area are zoned R-4.5 (Residential, 4.5 units/acre) including an existing single family subdivision to the south. Summercrest Drive terminates on the north and south boundaries of the property with an undeveloped street right-of-way lying between the two dead end sections. The property also has a 55 foot frontage on 1213t Avenue. 3. Site Information and Proposal Description The property is undeveloped with the exception of one residence located near the northern property line, immediately east of the above mentioned street right-of-way. A driveway extends north from the end of Summercrest Drive to the residence. The applicant proposes to create an 18,525 square foot parcel to include the residence, garage, and septic system. The remainder of the 7.48 parcel will be retained for the residential subdivision in the future. 4. Agency and NPO Comments The Engineering Division has the following comments: '. " NOTICE OF DECISION MLP 11-85 - PAGE 1 a. If the location of the drainfield cannot be positively identified or if a portion is located within the larger parcel, an easement should provided to allow for maintenance of the system. b. The existing street right-of-way serves two houses in addition to the residence on the subject property. C. The right-of-way has been dedicated and the alignment of the street can be readily established. City policy requires half-street improvements including curb and sidewalk along the frontage of all developed parcels created bya partition. Such an improvement ::would not be productive in this instanca. d. In lieu of the half-street improvement noted above, a 24-foot wide interim street improvement without curb and sidewalk should be installed between the two segments of Summercrest Drive. When the remaining property develops, the additional street improvements (pavement width, curb, sidewalk) will be required. e. Future access to 121st Avenue will not be allowed because of the potentially hazardous location relative to the North Dakota Street intersection. f. From a practical standpoint, the property i_� divided by the existing street right-of-way and the two "halves" could be sold separately. In order to protect the ability of a development on the east side of the right-of-way to connect to the sewer line near Summer Creek, a 15-foot wide public utility easement should be dedicated between the Summercrest Drive right-of-way and the western property line. The Building Inspection Division and the Tualatin Rural Fire Protection District have no objection to the request. No other comments have been received. B. ANALYSIS AND CONCLUSION The proposed partition is consistent with City standards for lot dimensions and minimum lot size. It has also been demonstrated by the applicant the partition will not hinder the eventual development of the vacant portions of the property. During the review of this application, it was noted that several adjoining tax lots have been created which are under the same ownership as the subject property. These parcels are Tax lots 201, 202, 203, 204, and 209 of Washington County Tax Map 1S1 34CB. The City has no previous record of any land divisions being reviewed for these parcels. These tax lots should be recombined with the 7.05 acre parcel created by this partition unless verification of a legal land division can be provided. NOTICE OF DECISION - MLP 11-85 - PAGE 2 C. DECISION l The Planning Director approves MLP 11-85 subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO RECORDING THE PARTITION. 2. Applicant shall install a twenty-four foot wide interim street improvement, to local street cross-sectional standards (w/no curb or sidewalk), from the north boundary of Summer Hills subdivision to the South boundary of Anton Park Subdivision. The interim improvement shall be to line and grade, design approved by the City, and shall be located within the existing fifty foot wide right-of-way aligning with existing adjacent improvements. 3. A 15 foot wide easement shall be reserved through the westerly portion of the tract proposed to, be partitioned between the Summercrest Drive right-of-way and the western property line to assure future access to the public sanitary sewer system (located in Summer Creek). 4. Seven (7) sets of plan-profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a Registered Professional Civil Engineer, detailing all proposed public improvements shall be submitted to the Engineering Section ({ for approval. 5. Sanitary sewer "future service" main line development details shall be provided as part of the public improvement plans. 6. Construction of proposed public improvements shall not commence until after the Engineering Section has issued approved public improvemwsnt plans. The Section will require posting of a 100% PerforwAnce Bond, the payment of a permit fee and a sign installation/streetlight fee. Also, the execution of a street opening permit or construction compliance agreement shall occur prior to, or .concurrently with the issuance of approved public improvement plans. SEE THE ENCLOSED HANDOUT GIVING MORE SPECIFIC INFORMATION REGARDING FEE SCHEDULES, BONDING AND AGREEMENTS. 7. The "basis of bearings" for the Plat or Survey shall be County Survey #20,202, which is a part of the Tigard Field Survey Network. S. The partition survey and legal descriptions shall be submitted to the Planning Director for review and approval. THE CITY SHALL RECORD THESE DOCUMENTS AFTER THEY ARE APPROVED AND A COPY SHALL BE FORWARDED TO THE APPLICANT. 9. Tax-lots numbered 201, 202, 203, 204, and 209 shall be recombined with the subject property unless verification is provided by the applicant tkat the above parcels received the necessary City or Washington County approval. NOTICE OF DECISION MLP 11-85 - PAGE 3 Q 10. If the existing drainfield is within the larger parcel or its location cannot be verified, an easement cove(irq the larger parcel, which retains the right of the owner of the 18,525 square foot parcel to maintain and repair the existing septic system. shall be approved by the Planning Director and recorded with Washington County. (Contact Reith Liden for further information.) 11. This approval is valid if exercised within one year of the final decision date noted below. D. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XXX The applicant 6 owners XXX Owners of record within the required distance XXX The affected Neighborhood Planning Organization XXX Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON 4:30 PM 10/30/85 UNLESS AN APPEAL IS FILED. 3. Apnanl! Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. The deadline for filing of an appeal is 4:30 P.M. 10/30/85 4. Questions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 12755 SW Ash, PO Box23 7, Tigard, Oregon 97223, 639-4171. eAi� W 10/20/85 William A. ftnahan, Director of Planning 6 bevelopawnt DATE APPROVED (KSL:pm/1888P) A, NOTICE OF DECISION MLP 11-85 - PAGE 4 CITff CF TIOARD WASHINGTON COUNTY,OREGON NOTICE OF AMENDMENT TO PLANNING DIRECTOR'S DECISION FOR: ASZMAN MLP 12-85 A Notice of Decision was mailed by the City of Tigard on 9/20/85. The decision shall be final on 9/30/85 NOT 10/30/85 as indicated on the decision. The appeal period shall expire on 9/30/85 at 4:30 P,M. NOT 10/30/85. (KSL:br/1899P) 12755 S.W.ASH P.O.BOX 2.3397 TIGARD,OREGON 97223 PH:839-4171 v�� CITY OF TIGARD NOTICE OF DECISION MINOR LAND PARTITION MLP 12-85 APPLICATION Request by Frank Aszman to partition a 5.01 acre parcel into two parcels of '1,250 square feet and 4.75 acres on property zoned R--4.5 (Residential, 4.5 units/acre) and located at 12085 135th Avenue (WCTM 2S1 48 Tax Lot 100). DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above described application subject to certain conditions. The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 1. Background No previous land use applications have been reviewed by the City. 2. Vicinity Information The property to the north and west is zoned R-25 (Residential 25 units/acre) and the area on the north is in the process of being developed with single family residential subdivision. The land to the south is temporarily zoned C-N (Neighborhood Commercial). It is intended that this designation will be moved once the location of arterial and collector street intersections in the vicinity are determined. The R-25 zone will replace the C-N zone once it is moved. The R-4.5 (Residential, 4.5 units/acre) zone lies to the east on the opposite side of 135th Avenue. 3. Site Information and Proposal Description A residence is located in the southeastern portion of the property. The applicant wishes to create a 75 by 150 foot lot to accommodate the house. The larger undeveloped parcel will have 80 feet of frontage on 135th Avenue on the south side of the smaller parcel and 335 feet of frontage on the north. 4. Agency and NPO Comments The Engineering Division has the following comments: a. The condition of 135th Avenue is substandard and street improvements are necessary before any further development can occur. NOTICE OF DECISION - MLP 12-85 - PAGE i b. A condition of approval for the subdivision to the north is to provide a 24 foot wide overlay on 135th Avenue to Scholls Ferry road or participate in a local improvement district (L.I.D.) Although street improvements in front of the subject property is not warranted, a non-remonstrance agreement relating to the formation of a L.I.D. should be signed by the applicant. C. An access permit will be required from Washington County if any addition access drives are contemplated. d. The existing septic system should be located totally within the smaller parcel. If not, or if the drainfield location cannot be positively identified, an easement should be provided covering the larger parcel to allow for the continued maintenance of the system. The Building Inspection Division, Washington County Fire District No 1, and Washington County Department of Land Use and Transportation have no objection to the request. No usher comments have been received. B. ANALYSIS AND CONCLUSION The proposed partition is consistent with the lot dimension and size requirements of the R-25 zone. The final alignment for the full improvement of 135th Avenue has not been determined and therefore, half street improvements are premature at this time. C. DECISION The Planning Director approves MLP 12-85 subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO RECORDING THE PARTITION. 2. The "basis of bearings" for the' Plat or Survey shall be County Survey M 20,202, which is a part of the Tigard Field Survey Network. 3. The partition survey and legal description shall be submitted to the Planning Director for review and approval. THE CITY SHALL RECORD THESE DOCUMENTS AFTER THEY ARE APPROVED AND A COPY SHALL BE FORWARDED TO THE APPLICANT. 4. A City of Tigard approved non-remonstrance agreement for ctreet and storm drainage improvements on 135th Avenue, shall be submitted to the Engineering Division for review and subsequent City Council approval. NOTICE OF DECISION - MLP 12-85 - PAGE 2 t*l 5. The property lines for the smaller parcel shall be located in a manner that conforms with the building setback requirements of the R-25 zone. 6. If the existing drainfield is within the larger parcel or its location cantiot be verified, an easement covering the larger parcel, which retains the right of the owner of the 18,525 square foot parcel to maintain and repair the existing septic system, shall be approved by the Planning Director and recorded with Washington County. (Contact Keith Liden for further information.) 7. This approval is valid if exercised within one year of the final decision date noted below. D. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XXX The applicant 5 owners XXX Owners of record within the required distance XXX The affected Neighborhood Planning Organization XXX Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON 4:30 P.M. 9/30/85 UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. The deadline for filing of an appeal is 4:30 P.M. 10130/85 4. 2ggstions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 12755 SW Ash. PO Box 23397, Tigard, Oregon 97223, 639=4171. rpe,e-0. Sepjiember 20, 1985 William A. Monahan, Director of Planning i Development DATE APPROVED (KSL:dmj/1893P) NOTICE OF DECISION — MLP 12-65 — PAGE 3 WASHINGTON COUNTY.OREGON NOTICE OF AMENDMENT TO PLANNING DIRECTOR'S DECISION FOR: HUGHES AND BLUE MLP 13-85/SDR 12-85 A Notice of Decision was mailed by the City of Tigard on 9/20/85. The decision shall be final on 9/30/85 NOT 10/30/85 as indicated on the decision. The appeal period shall expire on 9/30/85 at 4:30 P.M. NOT 10/30/85. (KSL:br/1899P) r 0k:6*4171 12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 87229 3 g"9" �'� 3er✓+.-y„..pgti?.`hr,P - rot.:. CITY OF TIGARD NOTICE OF DECISION MINOR LAND PARTITION MLP 13-85 SITE DEVELOPMENT REVIEW SDR 12-85 APPLICATION: - Request by Hughes and Blue to partition a 2.47 acre parcel into two parcels of 1.12 and 1.35 acres and to develop a day care facility on the 1.12 are parcel on property zoned C-P (Commercial Professional) and located at 11495 SW Hall Blvd. '(WCTM 1S1 35 DA. T.L. 1400) DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above described applications subject to certain conditions. The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 1. Background No previous land use cases have been reviewed by the� City. 2. Vicinity Information The properties to the north, east and south are zoned C-P (Commercial Professional). The parcel to the south is developed with an office building and a house occupies the northern parcel. An R-12 (Residential, 21 unit/acre) parcel lies to the southeast single family residences zoned R--4.5 (Residential. 4.5 units/acre) are immediately west and Hall Blvd. borders the property on the east. 3. Site Information and Proposal Description Three residences are located on the property and the house which is in the northeast portion of the property will be removed. A gravel driveway which traverses the center of the property, serves as an access for all three houses on the parcel. The applicant proposes to clear the parcel and construct a single story, children's day care center. Access will be provided by one driveway at the northeast corner of the property. A parking area will be situated north and east of the center and an access drive will be retained for the two remaining houses located on the proposed western parcel. A division of the subject 2.47 acre parcel into two lots of 1.12 and 1.35 acres is also proposed. The eastern 1.12 acre tract will accommodate the day care facility and no development of the westorn lot is intended at this time. NOTICE OF OECYSION - MLP 13-85 6 SDR 12-85 - PAGE i 4. Agency and NPO Comments The Engineering Division has the following comments: a. No objection to the partition request. b. The applicant will need to receive authorization to utilize the private storm drainage system which serves the subject property. C. Utility easements should be provided for the western parcel. d. Half-street improvements will be necessary along the Hall Blvd. frontage. These improvements must be approved by the State Highway Division. 1 The State Highway Division indicates that street widening and a left turn refuge will be a condition for obtaining an access i permit. The Building Inspection Division notes that the existing drainage problems must be resolved: The Tualatin Rural Fire Protection District indicates that all portions of the building raust be within 250 feet of a fire hydrant. No other comments have been received. 8. ANALYSIS AND CONCLUSION The proposed partition is consistent with the dimensional requirements for the C-P zone which require a minimum lot size of 6,000 square feet and a lot width of at least 50 feet. A 30 foot wide access easement will be provided for the western parcel. The development of the day care facility conforms with applicable Community Development Code standards for building setback, lot coverage, parking, vision clearance, and landscaping. The Code does require that all driveways be paved. The proposed gravel driveway must be paved with a minimum width of 20 feet. C. DECISION The Planning Director approves MLP 13-85 subject to the following conditions: 1, UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO v RECORDING THE PARTITION. 2. joint use (and maintenance) easement agreements shall be executed and recorded on City standard forms for all common driveways. Said agreements shall be referenced on and becomes part of all applicable parcel deeds. S&L,.' agreements shall also provide for NOTICE OF DECISION MLP 13==85 SOR 12--85 - PAGE 2 �4� 1 w the future access of storm sewer ties, near the rear parcel and to the private line passing through the front parcel. Said agreement shall ba a,jproved by the Engineering Section. AGREEMENT FORMS ARE ENCLOSED. 3. The partition survey and legal descriptions shall be submitted to the Planning Director for review and approval. THE CITY SHALL RECORD THESE DOCUMENTS AFTER THEY ARE APPROVED AND COPY SHALL BE FORWARDED TO THE APPLICANT. 4. This approval is valid if exercised within one year of the final decision date noted below. The Planning Director approves SDR 12-85 subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO ISSUANCE OF BUILDING PERMITS. 2. Standard half-street improvements including sidewalks, curbs, streetlights, driveway aprons, storm drainage and utilities shall be installed along the SW Hall Blvd. (State Highway) frontage. Said improvements along SW Hall Blvd. shall be built to arterial standards and conform to the alignment of ex;-iting adjacent improve-.,ants. 3. Five (5) sets of plan-profile public improvement construction plans and one(i) itemized construction cost estimate, stamped by a REgistered Professional Civil Engineer, detailing all proposed public improvements shall be submitted to the Engineering Section for approval. 4. Sanitary sewer and storm sewer plan-profile details shall be provided as part of the public improvement plans. 5. Construction of proposed public improvements shall not commence until after the Engineering Section has issued approved public improvement plans. The Section will require the applicant to obtain a State Highway.Division street opening permit prior to, or concurrently with the issuance of approved public improvement plans. 6. Additional right-of-way shall be dedicated to the public along the SW Hall Blvd. frontage to increase the right-of--way to 45 feet from centerline. The description for said dedication shall be tied to the existing right--of-way centerline as established by the State of Oregon. The dedication document shall be on City forms and approved by the Engineering Section. DEDICATION FORMS AND INSTRUCTIONS ARE ENCLOSED. 7. Condition #f2 for the approval of MLP 13-85 shall apply in the case as well. �P S. All driveways ' and parking areas shall be paved to City standards prior to occupancy. NOTICE OF DECISION - MLP 13-85 6 SDR 12-85 - PAGE 3 9. The materials shown on the sjbmitted landscaping plan dated August � 20, 1985 shall be installed prior to occupancy. 10. This approval is valid if exercised within one year of the final decision date noted below. D. PROCEDURE 1. Notice: Notice was published in the'newspaper, posted at City Hall and mailed to: XXX The applicant & owners XXX Owners of record within the required distance XXX The affected Neighborhood Planning Organization XXX Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON 4:30 P.M. 10/30/85 UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 19.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. The deadline for filing of an appeal is 4:30 P.M. 10/30/85 s. 4. Questions: If you have any questions, please call the City of z Tigard Planning Department, Tigard City Hall, 12755 SW Ash, PO Box 23397, Tigard, Oregun 97223, 639-4171. 10/20/85 William A. Monahan, Director of Planning 6 Developrient DATE APPROVED (KSL:pm/1889P) %j e s a L ic NOTICE OF DECISION MLP 13-85 & SDR 12-85 PAGE 4 6 -6i{_. CITY OF TIGARD NOTICE OF DECISION MINOR LAND PARTITION MLP 14-85 I APPLICATION: Request by Ken Waymire to divide a 1.84 acre parcel intc two parcels of 4,000 and 76,150 square feet on property zoned R-12 (Residential, 12 units/acre) and located north of Bond St. and east of 81st Avenue (WCTM 2S1 12CC, T.L. 100). DECISION: Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above described application subject to certain conditions. The findings and conclusions on which the Director based his decision are as noted below. A. FINDING OF FACT 1. Background In 1984, the City approved Bond Park III subdivision which was recently platted. The subject property is a remnant parcel that is ir:tended for development in the future. 2. Vicinity Information Bond Park III subdivision, which is immediately east, consists of lots averaging 5,000 square feet. Small acreage homesites which are zoned R-12 (Residential; 12 units/acre) lie to the north, south. and west. 3. Site Information and Proposal Description The property is vacant and the applicant intends to create one 4,000 square foot lot at the southeastern corner of the property. The small lot will be developed in conjunction with the other lots in Bond Park III and the larger tract shall be reserved for development in the future. The 4,000 square foot lot will have frontage on Bond Street which is being constructed in conjunction with Bond Park III. 4. Agency and NPO Comments The Engineering Division has the following comments: a. A sanitary sewer service lateral should be installed fcr the 4,000 square foot lot prior to the installation of the overlay on Bond Street. A driveway apron, sidewalk, and roof drains should be provided prior to occupancy of the residence intended for this lot. b. A street opening permit must be obtained before any of the work not in a. above can be initiated. f� z . :.. NOTICE OF DECISION - MLP 14-85 - PAGE 1 x c, Washington County has recently informed the City that SW 81st Avenue is not at public right-of-way but rather it is a public easement. d. It is suggested that prior to any further partitioning or development activity, a tentative development plan be formulated for the area bounded by Hall Blvd. , Durham Road, Dorburn Place, and Bond Park III in order to provide a concept for future streets, storm and sanitary sewer, and land use. The Building Inspection Division and NPO q5 have no objection to the request. No other comments have been received. B. ANALYSIS AND CONCLUSION The proposed partition conforms with City requirements for minimum lot size, lot dimensions, and access. The partition will also allow for efficient redevelopment of the larger parcel in the future. The Planning Division agrees with the statement made by the Engineering Division regarding a conceptual plan for future development in the area near the Hall/Durham intersection. Development proposals in this area will have to consider surrounding properties and a logical method for providing public facilities in this area. C. DECISION The Planning director approves MLP 14-85 subject to the following conditions: 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO RECORDING THE PARTITION. 2, The partition survey and legal descriptions shall be submitted to the Planning SE DOCUMENTS AFTER THEYWand ARE PPRO APPl. THE ROVED A COPYTY SHALLBLL E RECORD THE FORWARDED TO THE APPLICANT. 3, A street opening permit shall be obtained from the Engineering r the curb cut, sidewalk, and roof drains for the 4,000 Division fo square foot parcel prior to occupancy of a residence. 4. This approval is valid if exercised within one year of the final decision date noted below. w NOTICE OF DECISION - MLP 14-85 - PAGE 2 �. D. PROCEDURE 1. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XXX The applicant & owners XXX Owners of record within the required distance XXX The affected Neighborhood Planning Organization XXX Affected governmental agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON October 7, 1985 UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the CITY RECORDER within 10 days after notice is given and sent. The deadline for filing of an appeal is 4:30 P.M. 10/7/85 4. Ouestions: If you have any questions, please call the City of Tigard Planning Department, Tigard City Hall, 12755 SW j Ash, PO Box 23397, Tigard, Oregon 97223, 639-4171. 00, F,tpmbpr 26, 12B&_ William A. n, Director of Planning 6 Development DATE APPROVED (KSL:pm/1905P) =1 NOTICE OF DECISION — MLP 14-85 - PAGE 3 / a Pulse Research -_-----'_-_-_-_-_CITY-OF_TIGARD_COMMUNITY_SURVEY -__»___________- PRELIMINARY SURVEY for editing purposes only! A. DEMOGRAPHIC QUESTIONS: 1. WHAT IS YO11R SEX? Male. . . . . . . . . . . . . . . . . . Ell Female. . . . . . . . . . . . . . . . 112 2. WHAT IS YOUR AGE? Under 18. . . . . . . . . . . . . . [71 45-54. . . . . . . . . . . . . . . . . [75 18-24. . . . . . . . . . . . . . . . . C72 55-64. . . . . . . . . . . . . . . . . [ 76 25-74. . . . . . . . . . . . . . . . . 133 Over 65. . . . . . . . . . . . . . . [17 35-44. . . . . . . . . . . . . . . . . 114 3. APPROXIMATELY,• WHAT WAS YOUR TOTAL FAMILY INCOME BEFORE TAXES IN 1984? Under $15=000. . . . . , . . . C 7 1 $Z`�,000 to $49,999. . . . [75 $15,000 to $19,000. . . . 172 X50,0:0 to $74,999. . . . [76 $20,000 to $24, 999. . . . 173 $75, 000 or over. . . . . . . C77 $25,000 to $34,999. . . . 174 4. HOW LONG HAVE YOU LIVED IN THE TIGARD AREA? t Under i year. . . . . . . . . . 131 6 to 10 years. . . . . . . . . [74 1 to 2 years. . . . . . . . . . 132 Over 10 years. . . . . . . . . 135 3 to 5 years. . . . . . . . . . 137 5. HOW OFTEN DO YOU VOTE? Every election. . . . . . . . 131 Some elections. . . . . . . . [33 Most elections. . . . . . . . 132 Never vote. . . . . . . . . . . . C74 6. WHAT AREA DO YOU LIVE IN OR WORK IF BUSINESS? (see map) NW Tigard. . . . . . . . . . . . E31 Northeast Tigard. . . . . . 134 Central Tigard. . . . . . . . [12 Metzger CPO. . . . . . . . . . : 115 South Tigard. . . . . . . . . . 173 Other...................C 76 POLICE QUESTIONS: 7. HAVE YOU HAD CONTACT WITH THE TIGARD POLICE DEPARTMENT FOR ANY REASON IN THE PAST YEAR? Yes. . . . . . . . . . . . . . . . . . . L71 No. . . . . . . . . . . . . . . . . . . . [72 1 9. OF THE FOLLOWING POLICE SERVICES, PLEASE INDICATE THE THREE THAT YOU ARE MOST SATISFIED WITH? (choose 3 ONLY) Crime Prevention Programs. . . . . . . . . . . . . . . . . . . . . . . . . . []1 Public Nuisance (noise control ) . . . . . . . . . . . . . . . . . . . . [32 Neighborhoc,dj Crime Watch. . . . . . .. . . . . . . . . . . . . . . . . . E33 Traffic control , accident prevent. . . . . . . . . . . . . . . . . . [14 Neighborhood patrol . . . . . . . . . . . . . . . . . . . . . . . . . . . . [15 Burglary investigations. . . . . . . . . . . . . . . . . . . . . . . . . . . . [36 Narcotic Enforcement Program. . . . . . . . . . . . . . . . . . . . . . . [37 Serious crime investigation. . . . . . . . . . . . . . . . . . . . . . . . EIB Community ,crime/Prevention/Ed. . . . . . . . . . . . . . . . . . . . . . 119 Other------------ -[110 C. 'TIGARD LIBRARY QUESTIONS: In January 1986 the Tigard Public Library will move into a new facility that is more than twice as large as the present library. Your library board NEEDS YOUR HELP in making decisions on what programs you want most at your new library. 9. DO YOU OR MEMBERS OF YOUR FAMILY CURRENTLY USE THE TIGARD PUBLIC LIBRARY? Yes, weekly. . . . . . . . . . . . [ 31 Yes, couple times/yr. . E74 Yes, monthly. . . . . . . . . . . 132 Do not use library. . . . 115 Yes, every other month. [] 10. WHAT DO YOU USE ANY LIBRARY FOR?(chect:: all that apply) General books. . . . . . . . . 131 Reference resourr_e. . . . E77 Children' s books. . . . . . 132 Telephone books. . . . . . . C38 Magazine/Periodicals. . C73 Educational guidance. . 139 Education programs. . . . E34 Fix-it books. . . . . . . . . . (:710 Children's programs. . . 135 Other [ill Job information. . . . . . . 136 11. WHAT DO YOU LINE MOST ABOUT THE TIGARD LIBRARY AND IT'S SERVICE? (check: all that apply) General books. . . . . . . . . 131 Children programs. . . . . 135 Children books. . . . . . . . E32 Re-ference resource. . . . [36 Magazine/Periodicals— E33 Other-----------------137 Education programs. . . . [34 12. WHICH OF THE FOLLOWING WOULD YOU ATTEND AT THE LIBRARY OR LIKE TO SEE AVAILABLE AT THE LIBRARY? (check: all that apply) Historical programs. . . [31 Use computer/printer— E75 Drama programs. . . . . . . . 132 Films. . . . . . . . . . . . . . . . . [36 Lectures. . . . . . . . . . . . . . 13Z Book review/study grpsE77 Parenting programs. . . . 134 t 13. DO YOU THINK THAT TAX MONEY SHOULD BE SPENT ON ANY OF THE FOLLOWING FINDS OF VIDEO CASSETTES? (please check the appropriate box below) Vintage Movies Yes C71 No C72 Maybe 17-1 Educational Subjects Yes Ell No [12 Maybe 13 Cultural Programs Yes C71 No C72 Maybe 11 14. WHAT WOULD YOU LIFE TO SEE DIFFERENT AT THE NEW TIGARD LIBRARY? (check all that apply) Longer hours. . . . . . . . . . 131. Place to read/ tudy. . . 135 More adult fiction. . . . 132 Assistance in locating[36 More young adult book:sC73 Other-----------------137 More records/cassettes[34 15. TO SAVE TAX DOLLARS, WOULD YOU VOLUNTEER FOR ANY OF THE FOLLOWING PROGRAMS? Teach a literacy program. . . . . . . . . . . . . . . . . . . . . . . . . . Ell My Name/Phone #_ ----------------------- Assist with operational tas} s. . . . . . . . . . . . . . . . . . . . . C72 My Name/Phone #______--------------------------------- Assist with childrens programs. . . . . . . . . . . . . . . . . . . . 133 My name/Phone #--------------------------------------- Sorry, can riot help at this time. . . . . . . . . . . . . . . . . . [34 16. DO YOU THINK THAT TAX DOLLARS SHOULD BE SPENT ON AN AFTER SCHOOL OR LATCH KEY PROGRAMS FOR CHILDREN? Yes, definitely. . . . . . . Ell No, definitely. . . . . . . . 134 Yes, probably. . . . . . . . . [32 Don't know. . . . . . . . . . . . 135 No, probably. . . . . . . . . . 133 D. TIGARD PARKS AND RECREATION: 18. HOW SHOULD TIGARD FUND RECREATIONAL ACTIVITIES? Full tax support. . . . . . 131 Sponsor/volunteer oniyE34 Partial tax support. . . C72 Other------------- 135 All user fee. . . . . . . . . 113 M WHAT DO YOU FEEL SHOULD BE THE ROLE OF THE CITY OF TIGARD IN PROVIDING RECREATIONAL ACTIVITIES? Direct Operation (programs/staff/park:s) . . . . . . . . . . . rll Limited Operation :some assistance & volunteers) . . C]2 Only facilities °< Parks (no programs) . . . . . . . . . . . . . C]M Other----------------------------------------------134 - y 'O 25. ARE NEIGHBORHOOD COMMERCIAL SHOPPING AREAS ADEQUATE IN YOUR AREA? Yes, can get most convenience items near, by. . . . . . . CJ1 Satisfactory, can get some convenience items. . . . . . CJ2 No, have to travel too far to get items. . . . . . . . . . . 113 Don't know. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 26. PLEASE INDICATE YOUR OPINION ABOUT THE FOLLOWING CITY SERVICES REGARDING FUTURE TAXES. After each city service or program, please indicate if you -Feel the service could be decreased, is ok as is or you would support additional taxes for more service. DECREASE_ Ok; INCREASE POLICE PROGRAMS/SERVICES: Crime Prevention Programs. . . . . . . . [] 1 C32 C]_ Public Nuisance (noise control ) . . 131 [12 C33 Neighborhood Crime Watch. . . . . . . . . Ell 1J2 CJ' Traffic control ,accident prevent. 131 C12 C33 NPighborhoold patrol . . Ell C12 133 Burglary investigations. . . . . . . . . . Ell C72 C33 Narcotic Enforcement Program. . . . . [31 C32 C33 Serious crime investigation. . . . . . 131 C32 13,3 Community crime/Prevention/Ed. . . . C71 112 C 3 3 Police Department Generally. . . . . . Ell 112 E13 LIBRARY PROGRAMS/SERVICES: Children's programs. . . . . . . . . . . . . . 1 � 1 172 [33 Teenage Youth programs. . . . . . . . . . . 131 [32 C7' General reading programs. . . . . . . . . [ 31 E32 173 GENERAL GOVERNMENT: Office hours. . . . . . . . . . . . . . . . . . . . Ell C:32 [33 Customer service/utility quest. . . Ell I12 C33 Citizen information & complaints. CJ1 132 173 Code enforcement (door to door sales, weeds,sign, building, health/safety, nuisance, etc. . . . ) . . . . . . . . . . . Ell C32 C33 PARKS/RECREATION: Pareks maintenance. . . . . . . . . . . . . . . . 131 132 137, Recreation programs. . . . . . . . . . . . . . [ 31 132 133 F. CITY POLICY QUESTIONS: In the last 5 fiscal years, the cities operating budget has grown by 8% total . (3.7 million to 4 million) . During the same period the cities Population has increased 38% (14,500 to over 20,000) . Service sots have occurred as a result. - 27. WOULD YOU SUPPORT A NEW CITY TAX BASE WITH ALL OF THE Y` INCREASE GOING TO RESTORE CUTS AND IMPROVED SERVICES FOR POLICE, LIBRARY, SENIOR CENTER, TIGARD YOUTH SERVICE AND PARKS AND RECREATION? Yes, definitely. . . . . . . C31 No, definitely. . . . . . . . E34 t Yes, probably. : : : : : : : . CJ2 Don't E:now. . . . . . . . . . . . C75 'l. No, probably. . . C33 D t.�. 5 lr 20. PLEASE INDICATE WHAT YOU FEEL SHOULD BE THE LEVEL_ OF MAINTENANCE FOR THE FOLLOWING PARKS. If you feel weekly maintence put 522 after the park:, if every t..+o weeks put 26, if monthly put 1 , if quarterly put 1 if semi-annu-.l l y put may, if yearly put 1. Cook Park:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Summerlake Park:. . . . . . . . . . . . . -- Jack Par4... . . . . . . . . . . . . . . < . . . . . . . . . . . . . . . . . . . . . . . . Woodard ParE... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -_ Englewood Park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _- Greenway Park. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21. THE TUALATIN HILLS PARE; AND RECREATION DISTRICT LEVIES A TAX OF ABOUT $1 .50/$1000 OF ASSESED VALUE ($145 per household) , ESTIMATES ARE THAT THE CITY OF TIGARD COULD PROVIDE A BASIC RECREATION PROGRAM FOR 34 CENTS/$1,444 OF ASSESSED VALUE ($21/per household) . WHICH OF THE FOLLOWING WOULD YOU FAVOR? A full city recreation program (75r_ents/$1 ,41.00) . . . Ell A basic recreation program (3,0centi/$1 ,000) . . . . . . . Il 2 Volunteer program only no city help, no tax dol l ar C l No city tax supported recreation program. . . . . . . . . . [34 Don't know. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 E. GENERAL FUNDING AND SERVICE PROGRAMS: 22. PLEASE INDICATE WHICH ARE THE 5 MOST IMPORTANT USES OF STREET FUND TAX DOLLARS? (check 5 only) Street sweeping. . . . . . . 131 Street signs. . . . . . . . . . Le16 Pothole patching. . . . . . 132 Neighborhd strt lights[37 Dike paths. . . . . . . . . . . . 13 Arterial street lightsL38 New traffic signals. . . 134 Asphalt overlays. . . . . . [39 Intersection improvmnt[15 Other-----------------13141) 23. COULD YOU SUPPORT A BOND OR SERIAL LEVY TO COMPLETE OR WIDEN CITY STREETS, OR BIKE PATHS WHERE NEEDED? (please indicate your opinion below) Street Bond Yes. 131, No. . . L32 Street Levy Yes. . L31 No. . . 132 Bike Path Levy Yes. . 131 No. . . 132 24. IS STORM DRAINAGE IN YOUR NEIGHBORHOOD ADEQUATE? Yes, always ok:. . . . . . . . r31 Nov severe problems. . . 134 Yes, most of the timc. C3 Don't E::now. . . . . . . . . . . . 135 No, frequent problcem. . C33 If you answered no above, please -indicate your street address and phone # or tali 634-4171 . --------------------------------' phone # 4 28. WOULD YOU SUPPORT AN ADDITIONAL TAX SERIAL LEVY FOR ANY OF THE FOLLOWING: (check all that apply) Police. . . . . . . . . . . . . . . . [31 Parks maintenance. . . . . 135 Library. . . . . . . . . . . . . . . [12 Recreation. . . . . . . . . . . . [16 Senior Center. . . . . . . . . 13Z Other_-----------------117 Tigard Youth. . . . . . . . . . 114 Not at all . . . . . . . . . . . . 118 G. OTHER QUESTIONS: 29. HAS THE OFFICIAL CITY OF TIGARD NEWSLETTER, ALL ABOUT TOWN, BEEN HELPFUL TO YOU IN PROVIDING INFORMATION TO YOU? Yes, definitely. . . . . . . 131 No, definitely. . . . . . . . [34 Yes, probably. . . . . . . . . 13'-' Don' t read. . . . . . . . . . . . [15 No. probably. . . . . . . . . . 137 30. HAVE YOU WATCHED ANY CITY OR LOCAL GOVERNMENT PROGRAMS ON CABLE TELEVISION? Yes, +reqLtently. . . . . . . 131 No, never. . . . . . . . . . . . . 133 Yes, couple of times. . 132 Don' t know about. . . . . . [14 Don't have cable television at my home. . . . . . . . . . . . 135 31. WOULD YOU LIKE TO LEARN HOW TO HELP PRODUCE CITY CABLE PROGRAMS? Yes. . . . . . . . . . . . . . . . . My name/phone #--------------------------------------- No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 32. TIGARD'S DOWNTOWN HAS BEEN IDENTIFIED AS AN AREA NEEDING AN IMPROVED APPEARANCE AND MORE BUSINESS' . SHOULD THE CITY WORK TO: (check all that apply) Attract new business. . 131 Work with property owners to improve properties. . 132 Improve public facilities in t'.e area. . . . . . . . . . . . . 133 Improve traffic flow and parl.-Ang. . . . . . . . . . . . . . . . . .. 174 Do nothing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [35 Other -----------------------------------------[36 33. WHAT DO YOU FEEL ARE THE MAJOR PROBLEMS FACING THE CITY OF TIGARD IN THE FUTURE: ----------------------------------------------------- 34. ANY OTHER COMMENTS FOR THE CITY OF TIGARD: ----------------------------------------------------- C11 6 CITY OF TIGARD OREGON r. 0. COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 30, 1985 AGENDA ITEM #: DATE SUBMITTED: September 20, 1985 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Arlie's Pla&tion Subdivision Compliance Agreement & Performance Bond; PREPARED BY: John Haqman Authorize Manor & Recorder to execute in City's Behalf REQUESTED BY: Community Development DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY 1. The proposed "Arlie's Plantation" subdivision is located at S.W. 97th Avenue and S.W. McDonald Street. The preliminary plat has been approved rr by the City. 4 2. The attached Subdivision Compliance Agreement and Subdivision Performance Bond has been submitted by the developer, as is required by the City, to assure completion of installation of all public facilities within the proposed subdivision., 3. Construction pians are ready to be issued and all required public improvement fees have been paid. Issuance of said plans is pending Council action (as is suggested below). ALTERNATIVES CONSIDERED SIGGESTFO ACTION Authorize the Mayor and City Recorder to execute the Subdivision Compliance Agreement for Arlie's Plantation in behalf of the City; and also, accept the Subdivision Performance Bond therefor. (1887P) SUBDIVISION COMPLIANCE AGREEMENT THIS AGREEMENT dated the 19th day of September 19 85 between the CITY OF TIGARD, a municipality of Oregon. hereinafter termed the "CITY", and Arlie & Ireine Mawhirter, husband and wife and Donald V. Silvey, an individual hereinafter teemed "Petitioner". W I T 1r1 S S S S T tl WHEREAS. Petitioner has applied to the City for approval for filing in Washington County, a subdivision plat known as ARLIE'S PLANTATION, in Section 11, Township 2 South, Range 1 West Willamette Meridian. Washington County. Oregon; and WHEREAS, the City has approved and adopted the standard specifications for Public Works construction by APWA Oregon Chapter and the Unified Sewerage specifications for the sanitary sewers prepared by professional engineers for subdivision development; and WHEREAS, the public improvements required to be constructed or placed in Petitioner's development are incomplete, but Petitioner has nonetheless requested the City to permit progressive occupancy and use of property in the subdivision. and the parties desire hereby to protect the public interest generally and prospective purchasers of lots in said subdivision by legally ' enforceable assurances ttat the public improvements will be installed as required and completed within the time hereinafter set forth. .• NOW, THEREFORE, in consideration of the foregoing premises and the covenants and agreements to be kept and performed by the Petitioner and its sureties, IT IS HEREBY AGREED AS FOLLOWS: (1) Petitioner shall proceed with the development, with the intent and purpose to complete all public improvements of said subdivision not later than two (2) years from the date of this agreement, and Petitioner is hereby bound to comply with all subdivision standards as set forth in said Subdivision Ordinance and the standard specification adopted by the City of tigard. or as may be otherwise approved by the Public Works Department and to use only such material and to follow such designs as may be .required to conform thereto. Petitioner shall provide certification of installation conformance. via a reyietered civil engineer, to the City prior to City inspection of petitioners improvement work for City tentative and final acceptance consideration. (2) To assure compliance with the City's requirements and the provisions hereof, Petitioner tenders herewith to the City a surety bond in form approved by the City. with liability in the amount of $ 6.892.00 a copy.whereof hereto attached by this reference made a part hereof. (3) In the event that Petitioner shall fail. neglect or refuse to proceed with the work in an orderly and progressive manner to assure completion within the time limits, upon ten (10) days notice by the City to Petitioner and Petitioner's sureties, and such default and failure to proceed continuing ® ted and thereafter. the City may at its option proceed to have the work compo - 1 - charge the costs hereof against Petitioner and Petitioner's sureties and in the event same be not paid, to bring an action on the said bond to recover the :N amount thereof. In the event such action be brought, Petitioner and Petitioner's sureties promise and agree to pay, in addition to the 'aimounts. accruing and allowable, such sum as the court shall adjudge reasonable as attorney's fees and costs incurred by the City, both in the Trial. Court and' Appellate Court, if any, or the City may, at its option, bring proceedings to enforce against the Petitioner and/or Petitioner's sureties".- 'specific performance of the contract and compliance with the subdivision standards and ordinances of the City of Tigard, and in such event, in like manner; 'the City shall be entitled to recover such sum as the court shall adjudge reasonable as and for the City's attorney's fees and costs, both in the Trial Court and Appellate Court, if any. (4) Petitioner, concurrent the with execution hereof, has deposited with the City an amount estimated to equal rental and maintenance fees with respect to the street lighting -facilities within the subdivision, according to Portland General Electric Schedule N91, Option "B", together with a further sum equal to the estimated cost of providing electrical energy to energize the street lighting facilities for' a period of two (2) years from the date of initial energizing of said lights. Said amount being N.A. (5) The City agrees to make and provide periodic and final inspections -e which in the City's interest are desirable to assure compliance herewith, in consideration whereof the Petitioner has paid prescribed inspections fees.* (6) The City agrees to install street identification and traffic signs within the said subdivision, in consideration of pa;inent in the amount of • $ N.A. (7) At such time as all public improvements -tea► within the subdivision have been completed in accordance with the City's ':• requirements, Petitioner shall submit a "certificate of installation conformance" to the City to notify the City of the readiness for acceptance consideration inspection and upon notification by the Department of Public Works that the requirements of the City• have been met, the Petitioner will submit to the City a good and sufficient maintenance bond if not already provided with the performance bond, form approved by the City, in the sumi=af $ 1378.00 to provide for correction of any defective work-'or maintenance becoming apparent or arising within one -(i) year after tentative +` acceptance of the public improvements by the City. Upon receipt of certification by the Department of Public Works, that tall requirements have been met, and a One Year :Maintenance. Bond, the City -Coulicil �- agrees .to tentatively accept the public improvement-' subject to :'sthe -` >' ' 'requirements for correction of deficiencies and maintenance ,for a period:rof -ond:_yeair•as hereinabove set forth. 4 in addition to or supplementary of the requirements' of the Ci'ty:'s_.-.Subdivision Ordinance and. the provisions hereof; Petitioner binds itself-to 'conform to the following requirements, scheduling and limitations: r�:..•ter.;-:. *Project Fees 245.68 `Sewer Fee $ 100,00 2 - (a) None of the lots of Petitioner's subdivision as described may be occupied for residential purposes until an occupancy permit is issued under of the City and d no occupancy permit shall be issued prior to the acceptance of the subdivisior, and to the time that the sidewalk paralleling the street for each developed lot proposed toe occupied, is installed as a part of the development; provided that all sidewalks as required by the plans installed throughout saiC subdivision not later and subdivision code shall be this Subdivision improvement Contract. than 2 years from the date of (b) All mailbox clusters on that portion of each lot between the public sidewalks and the curb (parking area) As required, shall be in place prior to final inspection and issuance of occupancy permit for each such lot in the subdivision. In any event, all mailbox clusters in with-in two areas years ll bfro�the date of place within the entire subdivision this subdivision improvement contract. by 444 G44 (c) Compliance with all terms and provisions specified theretofor said subdivision development by the Council and the Planning Commission of the r City of Tigard, Oregon, in regard to variances allowed from the subdivision ordinance, conditions specified by the zone use classification and, also, on the approved plat(s) and plan(s). t ' (d) Petitioner agrees to provide area a ar rarosi�9t d Wining the guarantee any defective work and/or maintenance becoming app period as hereinabove set forth. (9) At such time as all public improvements have been completed in accordance with the City's requirements, Petitioner shall notify the City of the readiness for final inspection and upon certification by the Department of Public Works that all requirements of the City have been met, the Council agrees to accept said improvements for operation and ma: ttenance responsibility, thereinregard, and release the Petitioner's guarantee bond. (10) The parties hereto hereby adopt the form of performance bond, copy whereof is hereto attached and by reference made a part hereof, and Petitioner agrees to cause to have said bond executed and filed with the City concurrently with the execution of this agreement at or prior to the time this agreement is executed on behalf of the City. (11) The specific requirements of Paragraph 9 hereof shall for all purposes be included as a part of the obligation secured by the aforesaid performance bond and the City shall be entitled to recourse thereto in the event of default on the part of the Petitioner with respect to any requirement thereof. — 3 — IN WITNESS WHEREOF. Petitioner acting by and through its duly authorized undersigned officers pursuant to resolution of its Board of Directors has caused this agreement to be executed, and the City acting pursuant to motion of its Council adopted at a meeting thereof d ly and regularly held on the �i6 71n day of y P _ 19 has cau ed this agreement to be executed by its Mayor and Recorder. ARLIE S IREINE MAWHIRTER , ' ILVEY: ,, ti BY• By BY: B y- --- THE CITY OF TIGARD OR N —77 By• =Recorder]4 (Attach Notary Acknowledgement hereto) l �i Return signed copy to: _ Mr. Arlie Mawhirter % 9350 SW Tigard Ave. Tigard, OR 97223 (0O70S) IN WITNESS WWHEREUF, said parties have executed this instrument in triplicate; it either of the under- signed is A Corporation,it has caused its corporate name to be signed and its corporate seal affixed hereto by its of- ficers duty authorised thereunto by order of its board of directors. ............................................ MOi[—Tke s4aN.se Ys,ws'+A.ax+.s-h U it a6 srplk.YH.Awld be 4-641.f44 a'$.1.0701. STATE OF OREGON, )� STATE OF OREGON,County of /,,�,��� - sass.-... .. .............. sass.19 _.. Counfy of JIAJY..`. sass."d"�'--) Personally appeared and �....__l� ..•.••......•..19..L27.. .. who. Ming duty sworn. perfon4ly appeared the above neaad.. sass _. saefl lar himself and not an•(or the other•did say that the formate is the .sass._-_... ._. -���� � .presides[and that the latter is the .............. ... .. .............sass secretary o .. _. .. and•cknowlydged the foregoing insfra- __.�a corporation• sass ............. _._ ._.. merit to be. -. voluntary act and deed. ­4d tMf the sea?allh.d to the lareg 'ng imtrumenf is rhe...p,rat.seaI of said cvrrwrauon and that aid instrument wn signed and seated in be. half of said corporation by authority of its board of Jit—tars;and each of the aeknawledgsd said insfn,nwn[ to be its voluntary act amt deed. i�. &eforo mr: (OFFICIAL. "' (SEAL) SEAL), ...__.sass._sass_...... sass. .. Notary Public for OregonNotary Public for Oregon f�• 7 MY commissioa uoLn .�. . 1Z�i.'L.f..i.._- h!Y commission expires: IN WITNESS WHEREOF, said parties have execureo tilts instrument in triplicate, it either of fist under- signed is a corporation,it has caused its corporate name to be signed and its corporate seat affixed hereto by its of- ficers duly authorised thereunto by order of its board of directors. ......................................... ... tsOls—iM-..Na4e Mtw.as a..-YW_k 06 N..s av,A..M.,Asda M 1416.1.Ns Oss 17 0301• STATE OF OREGON, ) 19 STATE OF OREGON,County of._. County of "......y.....•JsPerr,nally appeared .. _. _. ... sass..._sass .. and _..1.7J.- . who. being duly sworn, Parpmlly appeared the•yro suR d.�t= r�_ {�� - eawlr for hi.-Rall and cwt one for she other,did say that the former is the (�!1pµyM`r.�'tdC..T..p-1��.M_1X.`9s"k�s^*'1+•!_..- _ - .. prnident and that the latter is the - end ackmseledgad the foregoing imtnr- - a corporation, .. _. __ sass_.. _._.. silent to M . _.. .. volunr&ry act and dead. and tort the-at Stilted to the lwegoing iristrunwnf is the corpora#*seal of said corporation and that said instrument was signed and sealed in M- helf of srid corporation by authority of its board of direct-'-;and each of @doe ars them eckrwwl.dged said instrunwnt to be its voluntary act and deed. (OFFICIAL �i(. ._sass..__. Selare m.: ti�„•^.".W"Y.. .............._,sass_... _. _.. (SEAL) SEAL) ................... l4vra:r r-ublic for Oregon - Notary Public lot Oregon My commission&spins.._�.~ . ..� My commission aspires: IN WIrMESS WHEREOF, said parties have executed this instrument in triplicate;it either of the under• signed is a corporclion,it has caused its corporate name to be signed and its corporate seal affixed hereto by its al- ficers duly authorised thereunto by order of its board of directors. _......................_.............._...... NO/$—I&.e.Na4.&41.e4es rk--V"-k 06 it ad sepas.M.,A«t1 be ds16M.N-Oea 014001- STATE OF OREGON, J STATE OF OREGON,County of s a ss... .......... ...... ...__........__.)ss. ................................................................/9............. County of .................._......_..........:_......sass.)u. _sass...and Pnwruffy appeared _ ed .....__.__......_......_............. _.................. ._._..................................................19......_.... sass..who. Ming duty sworn, Personally appeared m _ _ ared the above naed.... .... . .... . .. sass... ._sass .._.sass..... ......._....._... _. - each!or hirstwff and not am for the other,did say that the fMmet is the ......._............-................... ._._.,......._.. . ---- • ._prtsldenf and that the letter L for .........._...................................._...._. ..... -- -- ..seersnry a ._... _ ... sass..sass . .. _. _........ ._....._. .. . .. ............ _....................sass..and acknowledged the laegoing ATOM- a corporation. sass..._ .... ... ................_................. ......................... rnont to be_... .._..... .....voluntary stet and deed. and fMI the wd aftLtd to Ne fvegoing instrument is the corporate oat of said Corporation and that said imfrument was signed and waled in be- half of said coilowatlan by authority of its board of directirs:and each of fss(me err: them ackrow•Irdged said instrument to be in vu)untary act and deed. (OFFICIAL....................._...... ......................:............. ........ Defora ars .. SEAL) _.............sass...._................_...... .. _.. sass .. _... (SEAL) Notary Public for Oregon Notary public Im Oregon My commission expires......._._._.. My commission&spire'. a AGREEMENT WITH DEPOSITOR AND TRUSTEE ON SAVINGS ACCOUNTS OR DEPOSITS { This agreement is for the purpose of f•ilfllling the requirements of Suhd{vi.fon Compliance Agreement dated 9-19-85 between the City of Tigard and Arlie & Irene Mawhirter andand is entered into by the Deposito o�: ,d- t• i VeY is and n s Idersn �1 Fnnk of Or Trustee. The undersigned depositor and trustee do hereby assign the right to the City of Tigard to determine at its discretion the payment of all funds or securities held by U. S. National Bank of Oregon, T1Rnrd Branch as trustee in the amount of 8.89 OCA in Savings Ac µp4 NN or Deposit No. or Time Deposit fi?tT A31 424 in the U. S. Nat'l n in accordarce with and for the purpose of Bonding improvements described is the above stated C..bdioicfon Compliance Agreement. It is understood and agreed that the U S, National (Link o1 Or, TIV.rrd Br. will hold such funds or secr.rities In the amount of 1,.8o-)- until an authorization or direction fcr payment is received from the City of Tigard and that the City of Tigard has the right to withdraw Prinicipal Funds with City of Tigard signature only. in the event of Non-Performance. All fund deposits shall be renewable at maturity and at rates and terms in affect at the time of renewal. and all interest shall be paid to or accrued as directed by the Depositor notwithstanding anything contained herein to the contrary, That the account is to remain open until such time as all Public Improvements are completed and accepted by the City of Tigard. Signed and dated at Tigard , Oregon, This 19th day of September 19 85 Signature of Depositor c Address 14265 S. W. 80th Plhce, Tigard, or 1)7223 Signature of City of Tigard Address ACCEPTANCE The undersigned hereby accepts the funds or securities deposited in the asount of $ this h day of geptember 19 85 hereby acknowledges receipt o t e Passbook Savings Account No. and or the Certificate for Deposit No. 4-21044389 ; or certifies that there 1. no Passbook issued for this account. t s urther agreed that said account will be held for the uses and purposes above stated until authorization for disposition is granted by the City of Tigard. '� U. S. I;ationa2 nk of (►rego'n T1Rn Br, Authorized Slgnatu Joyce Pri e, n icer (1444P) i' r A? CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 30, 1985 AGENDA ITEM #: � DATE SUBMITTED: September 26, 1985 PREVIOUS ACTION: Public Hearing ISSUE/AGENDA TITLE: Larry Scoville TU 5a-85 PREPARED BY: Elizabeth Newton REQUESTED BY: Citi Council DEPARTMENT HEAD OK: WA�9 *M CITY ADMINISTRATOR: --_---- POLICY ISSUE INFORMATION SUMMARY Attached is a resolution to approve the Temporary Use Permit requested by Larry Scoville for one year to sell used cars at 12885 S.W. Pacific Hwy. The conditions of approval as requested by Council are incorporated into the resolution. A copy of the September 23, 1985 minutes are also attached. ALTERNATIVES CONSIDERED SUGGESTED ACTION Review and approve. (1922P) T a' .r CITY OF TIGARD. OREGON RESOLUTION N0. 85--L A FINAL ORDER IN THE MATTER OF THE APPLICATION FOR TJMPORARY USE APPROVAL SCOVILLE, FILE AND CONCLUSIONS, REQUESTEDER TU 5a-85 BY LARRY CONCLUSIONS. APPROVING THE APPLICATION WITH CONDITIONS, ENTERING FINDINGS. application on eptember 23, the Tigard Cit Council heard the above app a appeared in WHEREAS, application. No 1985. The applicant spa a in favor of the aPP opposition. The Council finds the follow ng FACTS in this matter' nnin Director of a u seed approval by the P g from 1 The applicant req eration of a used car sales lot Temporary Use permit o allow oP August 5, 1985 to ctober 5, 1985 an concurrently year from or one approval by the City until of the sameformationrequest f relating to the 1985 to Au st 6, 1986. August 5, le No. T 5a-85. request is found in Plan ing Fi ra by the D' ector of Community Development 2. The proposal was approve ae u 985 subject to conditions. for a two month period gust 5, application was 3. The application informati n s witted by the presented in the Council's i o ation packet. The relevant approval criteri in this case is contained in Section 18.140.050(c} 4• of the Communi ve P Based upon the record in this case. a Cou it makes the following FINDINGS: of the Commu 'ty Development Code contains the 1 Section 18.140.050(c) royal of T porary Uses. The code requires relevant criteria for R adequate and safe in ress and quired bye 18.w08n Access combined andltl8 102 other uses Clear of the property as q for the customers Vision. The code Iso requires adeq 1$ 106 Off Street Parking. In of the temporary se as required by requires odors, ibrations, glare or lights that he use not create adverse addition, the co a also off—site impacts including noise. which will aff t the adjoining uses in t manner which other uses allowed outrig t in the zone would not affec the adjoining uses- - This 2. It is recogn ed that an ordinance was adopte on September 23, 1985 requiring paved parking for all land uses 'ir.: adoption the tyof that however, was filed prior to t application, ra ria — because the use ordinance and a gravel parking area is app P will be temporary, the lot is small and the tra is generated will be light. ' RESOLUTION NO. 85— Page 1 Council adopts the following CONCLUSIONS OF LAW: { Based on findings 1 and 2 above, the Council has determined that the application meets the approval criteria set forth in Section 18.140.050(c) of the Community Development Code, NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Based upon the above findings and conclusions, the City Council therefore orders that TU 5a--85 be, and hereby is approved subject to the following conditions: 1. This periAit is valid until October 6, 1.986. 2. A City of Tigard Business Tax permit shall be obtained by the apaplicant. 3. All areas to be used for parking of vehicles on the site shall be gravel. 4. A sign shall be posted on the fence erected between the site and Bonita Glass, and shall indicate that NO PARKING is allowed on the Bonita Glass lot for customers of the car lot. In addition, that sign shall indicate where parking for the car lot is available. A sign shall also be posted on the Chevron lot indicating that parking is allowed on the Chevron lot for customers of the used car business. All signs shall be approved by the Director of Community Development prior to posting. 5. A 6—foot fence shall be erected within 30 days of approval between the car lot and the Bonita Glass property for t}.e length of the property. 6. No attendant shall be allowed to wait on the site for the purpose of selling vehicles. PASSED: This day of 1985. Mayor — City of Tigard ATTEST: Deputy City Recorder — City of Tigard (1922P) RESOLUTION N0. 85--14a— Page 2 up a civil hearing procedure. He explained the process and noted the proposed penalties. The Community Development Director s suggested that this could be heard by the Municipal Court Judge or a Hearings Officer. b. City Administrator noted that this change would make budgetary impacts and should be further studied in this area. c, Councilor Edwards suggested the current Hearings Officer could also hear civil infractions. Community Development Director stated that this le andsible wouldfrom a prefer to !oad aspect,have Municipalwever, it Court or is a different r another Hearings Officer hear these complaints. d, Deputy Recorder noted that Municipal Court Judge has concerns regarding impact on current case load, timing, and limitations regarding possible 'contempt of court' charges since the infractions are of a civil nature only. Deputy Recorder no additional concerns from an administrative view and recommended this change be done through a Hearings Officer approach. e. Legal Counsel noted that in other cities the caseload for this same civil infraction process is very low each year with many not requiring trial. f. Community Development Director stated this would be scheduled for Council review in the future after time has been allowed for further study. 7, PUBLIC HEARING — TEMPORARY USE 5a-85 LARRY SCOVIerNPO #3 Request to operate a used car business for a period of one year. The applicant will display approximately �4 to 8 vehicles (all 11980 Lot Lnd ot on the site. Location: 12885 SCJ Pacific Hwy. 2101) a, Public Hearing Opened b, Community Development Director stated that applicant is requesting a 1 year temporary use permit for a used car business. The Planning Director has approved a 2 month temporary use to 10!5/85. C. Public Testimony: Proponents: Mr. Larry Scoville, representing Columbia Wholesale, 21.444 SW 90th Court, Tualatin, submitted a letter of support with copies of business tax receipt and picture of location. He stated the intent was to strictly display late model autos for inspection and sale. No one would be on the premises on a full time basis for sales purposes. Opponents: No one appeared Page 1 — COUNCIL MINUTES — SEPTEMBER 23, 1985 Cross Examination: �A Councilor Brian requested a condition be placed on the application which would require a fence be constructed with appropriate signing noting where to park for this use. Discussion followed regarding the code limitations 'For parking uses requiring pavement. Community Levelopment Director suggested a code revision could be requested by Council. d. Community Development Director recommended approval with conditions as set out in the Director's Decision and Councilor Brian's request for fencing and noted a code revision would also be required to allow parking on graveled area. P. Public Hearing Closed f. Councilor Brian stated he could support the request with the addition of condition #5 (Fencing) to be required within 30 days of approval. He also stated that he felt an ambiguity did exist in the code and that temporary uses should be allowed to use gravel parking. g. Councilor Edwards noted that initially he was not in favor of the use in this location, however, in light of the testimony, he would approve the request with the conditions that the area not have a "used car lot" appearance with an attendant not being allowed to service the site for the purpose of selling the vehicles and that no banners or pendants be displayed. h. Legal Counsel stated that since this application was filed before Council approval of a code change which required paved parking for all land uses in the City, Council could approve this application with the gravel parking area. i. Motion by Councilor Brian, seconded by Councilor Edin to give tentative approval for the temporary use request and directed staff to prepare necessary documents to approve request with the A conditions from the Director's Decision, condition 5 requiring fencing within 30 days of approval, and condition 6 allowing no attendant to wait on site for the purpose of selling vehicles. Motion approved by a 2-1 vote of Council present, Mayor Cook voting nay. 8. PUBLIC HEARING — TIGARD STREET, STREET VACATION a. Public Hearing Opened b. Deputy Recorder synopsized history of request noting 10 feet of right—of-way is requested for vacation. C. Public Testimony: No one appeared to speak. Page 2 — COUNCIL MINUTES — SEPTEMBER 23, 1985 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 30, 1985 AGENDA ITEM 0: , DATE SUBMITTED: September 25, 1985 PREVIOUS ACTION: ISSUEIAGENDA TITLE: Comprehensive Plan Acknowledgement PREPARED BY: William A. Monahan REQUESTED BY: DEPARTMENT HEAD OK: CITY CITY ADMINISTRATOR: _ POLICY ISSUE INFORMATION SUMMARY LCDC has finally acknowledged Tigard's Comprehensive Plan. A. copy of the acknowledgement order is attached. The letter from Mr. Ross states that financial assistance for continuing planning costs is available. Please be advised that a grant application for the maximum amount available to Tigard was submitted this month. ALTERNATIVES CONSIDERED Accept and place on file. SUGGESTED ACTION Accept and place on file. (1912P) C Department of Land Conservation and Development VICTOR AnYEM 1175 COURT STREET N.E., SALEM,OREGON 97310.0590 PHONE (503) 378-4926 OOVi>tiC. September 24, 1985 The Honorable John Cook Mayor, City of Tigard PO Box 23397 Tigard, OR 97223 t Dear Mayor Cook: It gives me a great deal of pleasure to confirm that the Land Conservation and Development Commission, on October 11 , 1984, officially acknowledged your comprehensive plan and land use regulations to be in compliance with the Statewide Planning Goals. Signing of the Acknowledgment Order was to be delayed until the City and County corrected deficiencies under Goals 2, 5 and 10. The Department has received the revisions and found that they are adequate to comply with Statewide Planning Goals. The acknowledgment signifies an historic step for the City's land use planning efforts. Enclosed please find the Acknowledgment Order and the amended pages to the Commission r4�Vr t• State financial assistance may be available to help meet continuing planning costs. Please contact your Field Representative, Jim Sitzman, at 229-6068, concerning the availability of these funds. A memo and copy of the Commission's Administrative Rule on post-acknowledgment amendments to your plan and land use regulations are enclosed. Please feel free to contact your Field Representative if you have any questions or need assistance in undertaking changes to your acknowledged plan. I would like to commend the local officials, staff, and citizens of your City for their hard work and foresight in the field of land use planning. Sincerely, Jam F. Ross rector JFR:bp/459ODKHD/lOB Enclosure cc: Washington County Board of Commissioners County Planning Director City Planning Director Coordinator Jim Sitzman, Field Representative µ Lead Reviewer File Review Coordinator OLCD Library (2) Portland Office Real Estate Division Objectors and Commentors BEFORE THE LAND CONSERVATION AND DEVELOPMENT COMMISSION OF THE STATE OF OREGON IN THE MATTER OF ) THE CITY OF TIGARD'S ) COMPLIANCE ACKNOWLEDGMENT COMPREHENSIVE PLAN AND ) ORDER 85-ACK-118 LAND USE REGULATIONS ) This matter came before the Commission on October 11 , 1984, as a request for acknowledgment of compliance pursuant to ORS 197.251 and the Commission Acknowledgment Rule, OAR 660-03-000 to 660-03-033. The Commission, having fully considered the City of Tigard's comprehensive plan and land use regulations, comments and objections of interested parties and the report of the Department of Land Conservation and Development, now enters its: Findings of Fact and Conclusions 1 . The City of Tigard's request for Acknowledgment of Compliarce Was reviewed by the Commission previously on April 26, 1984, pursuant to ORS 197.251 and the Commission Acknowledgment Rule, OAR 660-03-000 ti 660-03-033. For this review, the Commission found the City of Tigard's comprehensive plan and land use regulations did not comply with certain specified Statewide Planning Goals and continued the request for acknowledgment (Continuance Order 84-CONT-100, (Exhibit A)). The findings previously adopted by the Commission as part of the Continuance Order, which explains why the City of Tigard's plan and land use regulations comply with all or part of certain Statewide Planning Goals is readopted by the Order as findings of the Commission. 2. The Commission again reviewed the written report of the Director of the Department of Land Conservation and Development on October 11 , 1984 pursuant to ORS 197.251 and the Commission Acknowledgment Rule, OAR 660-03-000 to 660-03-033, regarding the compliance of the plan and regulations with the Statewide Planning Goals. 3. Based on its review, the Commission finds that the City of Tigard's comprehensive plan and land use regulations comply with the Statewide Planning Goals for the reasons set forth in Sections IV and VI of the Department's report adopted by the Commission on October 11 , 1984 and revised on September 10, 1985 as authorized by the Commission, and made a part of this Order (Exhibit B). z -2- THEREFORE, IT IS HEREBY ORDERED THAT: The Land Conservation and Development Commission acknowledges that the comprehensive plan and land use regulations of the City of Tigard are in Compliance with the Statewide Planning Goals. Severability If, upon Judicial review, this order is reversed or remanded solely with respect to an identifiable geographic area, the remainder of the order shall remain valid and shall be treated as a limited acknowledgment order under ORS 197.251 (6). If requested by the affected local government or if ctherw ie fiecessar , t`F O rec or may issue, without further review by the Commission, an amended acknowledgment order describing the geographic area that remains acknowledged. DATED THIS 24TH DAY OF SEPTEMBER, 1985. FOR THE COMMISSION: am s oss, Direc or, Depa tment of Land C ervation and Development NOTICE: You are entitled to Judicial Review of the Order. Judicial Review may be obtained by filing a petition for review within 60 days ►rom the service of this final Order. Judicial Review is pursuant to the provisions of ORS 183.482 and 197.650. ** Copies of all Exhibits are available for review at the Department's office in Salem. JFR:bp 4589D11OB LAND CONSERVATION AND DEVELOPMENT COMMISSION ACKNOWLEDGMENT OF COMPLIANCE Y: In Response to Continuance Order Dated May 23, 1984 City of Tigard }` DATE RECEIVED: DATE OF COMMISSION ACTION: August 13, 1984 October 11-12, 1984 I. REQUEST Acknowledgment of Compliance with the Statewide Planning Goals for the comprehensive plan and implementing measures. II. SUMM."RY OF RECOMMENDATIONS Staff Recommends the Commission continue the City of Tigard's acknowledgment request to November 14, 1984, to allow the City to make necessary 1 revisions to plan and implementing measures to comply with Goals 2, 5 and 10, and to allow Washington County to adopt appropriate plan designations for the unincorporated portion of the Tigard Urban Planning Area. Local Coordination Body No recommendation received. - FIELD REPRESENTATIVE: JiR Sitzman Phone: 229-6068 LEAD REVIEWER: Robin Harrower (Goals 2, 5 and 12) g Phone: 378-2976Y,> Mike Byers (Goals 5, 10 and 14) a' Phone: 378-4098 COORDINATOR: Kevin Martin Phone: 648-8717 Date of Report: September 26, 1984 Amended Septer�ber 10, 1985 (p. 1, pp. 29-32) City of Tigard -29- September 26, 1984 2. Amend the plan to include a policy that commits the City to proceed through the Goal 5 administrative Rule process (OAR 660-16-000 to 010) for the five historic sites described in the plan. GOAL 10: HOUSING 1. Delete subsidized housing policy 6.1.2 and the subsidized housing locational criteria policy 12.1.1(4), or include an analysis in the plan that the new standards will not aid unreasonable costs or unnecessarily restrict the land available for subsidized housing. 2. Amend Section 18.138 of the Development Code by inserting wording that any future reclassification of the Established and Developing area boundaries will not reduce the overall average residential density below 10 units per acre. Local Coordination Body None Received. VI. AMENDMENTS A. On October 10-11, 1984, the Commission adopted certain amendments. 1 hi s u rector-s report aated Septem5er 26, 1984, Together with the Director's report of April 4, 1984, was modified in the following manner: The recommendation sections of the title page and of pages 28-29 were amended from a continuance to acknowledgment with a delayed signing. In addition, the revisions noted on pages 28-29 of the September 26, 1984 report was identified as conditions which must be completed before signing the acknowledgment order. B. Subsequent actions taken by Tigard and Washington County. GOAL 2: LAND USE PLANNING Condition One Tigard must adopt plan designations for all parcels east of Lower Scholls Ferry Road (TW1LS, RNG1W, Sec. 33) covered by the joint Urban Planning Area Agreement. Response City Ordinance No. 84-63, adopted October 22, 1984, approved a High Density Development Plan designation for six parcels in the areas described above. A legal description of the properties and findings supporting the designation according to the City's Plan and Code standards are included in Ordinance No. .84-63. City of Tigard -30- September 269 1984 Conclusion Plan designations have been adopted for the parcels east of Lower Scholls Ferry Road and within the Urban Planning Area Agreement. The City has complied with this condition. Condition Two Washington County must adopt new combined plan and zone designations consistent with the City's plan for all unincorporated portions of the Tigard Urban Planning Area. Response In May 1985, Washington County adopted Ordinances Nos. 292 and 294, which approved the West Tigard Plan and Background Document. This Plan includes pian designations consistent with those of the City of Tigard for unincorporated portions of the Tigard Planning Area. It describes the Plan as "a direct translation of the City of Tigard Comprehensive Plan." In addition, the County adopted Resolution and Order No. 84-270, which approved the Tigard Comprehensive Plan Resource Document as part of the County's resource document. Conclusion Review of the West Tigard Pian and related documents showed that the County has approved plan and zone designations consistent with the City's designations. And the resource information is consistent with that relied upon by the City. The West Tigard Plan provides for the intentions of theduse City forions thatbarea.the CThetCounty,are andconsistent with the the City, has complied with this condition. GOAL 5: OPEN SPACES, SCENIC AND HISTORIC AREAS, AND NATURAL RESOURCES Condition Determine which of the give remaining historic sites discussed in the plan are significant resources and complete the Goal 5 process (OAR 660-16) for those significant sites by November 14, 1984; or amend the plan include rccommits 0 proceed through Goal 5 administrative uleprocess (OAR 660-16-00to 010) for the five historic sites described in the plan. Response City Ordinance No. 84-62, adopted October 22, 1984, approved amendments to Appendix 1, ESTE Document, Volume 1-Resource Document. The amendments (� read: '3 City of Tigard -31- September 26, 1984 "The City Council wants to encourage the Historic District Overlay designation on historic sites. For that reason, several sites in the City's Planning Area have been identified and the Washington County Museaum has conducted cultural inventories for each site. Due to the limitations placed on the property owner by the Historic District Overlay, however, the Council has an informal policy to place the historic overlay designation on sites only with the support of the property owner. Ordinance No. 84-62 also deleted language from Volume 1-Resource Document regarding the give historic sites referenced above in the Condition and added new language describing these sites and their significance. Protection was withheld from each of the sites except one due to lack of support by the property owners. Conclusion Because the City failed to apply the protection of the Historic District Overlay to sites evaluated to be significant, the DLCD staff informed the City this condition had not been met. The City responded by letter, which verified an understanding agreed to by the Department, that the City Council had acted to suspend temporarily the policy yuuied above and to amend the Plan in compliance with Goal 5 and OAR 660, Division 16 within 90 days. With this agreement, the Department concludes that Tiggard has complied with this condition. It is understood that acfcnowledgment includes the commitment to amend this deficiency. GOAL 10: HOUSING Condition One Delete subsidized housing policy 6.1.2 and the subsidized housing locational criteria policy 12.1.1(4), or include an analysis in the plan that the new standards will not add unreasonable costs or unnecessarily restrict the land available for subsidized housing. Response City Ordinance No. 85-03, adopted February 11, 1985, deleted Policy 6.1.2 and 12.1.1(4). Conclusion The City chose to follow the first alterantive in this condition by making the necessary deletions. The City has complied with this condition. t _ City of Tigard -32- September 26, 1984 Condition Two Amend Section 18.138 of the Development Code by inserting wording that any future reclassification of the Established and Developing area boundaries will not reduce the overall average residential density below 10 units per acre. Response City Ordinance No. 84-61, adopted October 22, 1984, amended Section 18.138 by adding paragraph .010 B, which reads: "Any changes to the Established or Developing area boundaries shall comply with OAR 660-07-035. ' Conclusion OAR 660-07-035 sets forth the density requirement for cities and counties in the Metro UGB. The City has therefore, with the language cited above, established a regulation whereby the City will continue to meet the 10 unit average density requirement when reclassifying Established and Developing area boundaries. The City has complied with this condition. OVERALL CONCLUSION The City has complied with each of the conditions identified in the September 26, 1984 Director's report and the action of the Commission on October 10-11, 1984. Therefore, the City comprehensive plan and implementing measures are adequate to be acknowledged. MB/JS:spp 0686D/516A 4 ti Department of Land Conservation and Development VCMA AT"" 1175 COURT STREET N.E.,SALEM,OREGON 97310 PHONE(503) 378-4926 MEMORANDUM January 10, 1984 TO: Acknowledged Jurisdictions • FROM: James F. Ross, Director Qe SUBJECT: REQUIREMENTS FOR REVIEW OF PLAN AND LAND USE REGULATION CHANGES Background In 1981 , the Legislature established a process for review of amendments to comprehensive plans and land use regulations following LCDC acknowledgment. The Land Conservation and Development Commission implemented these requirements by adopting an administrative rule (OAR 660-18). The 1983 Legislature made several changes in the basic requirements for processing amendments which are reflected in a revised LCOC administrative rule (OAR 660-18). This memorandum is intended to provide a summary of the review process. SUMMARY Of REQUIREMENTS Jurisdictions whose comprehensive plans and land use regulations have been "acknowledged" by LCDC have the responsibility to process amendments to those plan and land use regulations through the "Past Acknowledgment" procedures contained in ORS 191.610 through 197.625 and OAR 660-18-005 through 660-18-140. Notice of Proposals Amendments to acknowledged plan and land use regulations must be received by the Department of Land Conservation and Development Salem office at least 45 days prior to the scheduled final public hearing. If the statewide goals do not apply to a proposed action, a notice of the proposal is not required. In addition, where emergency circumstances exist, a local government may provide less than 45 days notice, but should give the maximum possible notice. Jurisdictions should be cautious in using these exemptions because a person may appeal a local action taken under these exemptions without being required to participate at the local level. -Notices to DLCD of proposed amendments must include filing forms thich (—' •e available from the Department (copies are attached to this mew). these forms provide basic information to the Department which is necessary to process proposals quickly. Three copies of the proposed amendment must also be provided to DLCO. Notice of Adoption When an amendment to an acknowledged plan or land use regulation is adopted, the local government must provide a notice of adoption to the Department's Salem office within five working days. Notice of adoption is also required for amendments which are exempt from "proposed notice" requirements discussed above. Notice of adoption must include filing forms, but only requires one copy of the amendment. Amendments over 100 pages in length, including supplimentary material , must also include a brief summary of the purpose and requirements of action. Appeal Appeals of local government actions must be made to the Land use Board of Appeals (LUBA) rather than to LCDC. Actions must be appealed within 21 days of the final decision or the action is considered to be acknowledged. Summar it is difficult to provide a simple explanation of a complicated process with many variables. Each jurisdiction has a unique local process which _ .ay or my not easily mesh with these requirements. However, the system has only two basic procedural requirements: (1 ) filing a proposed notice with DLCD 46 days prior to the final public hearing; and (2) filing an adoption notice five working days after the final decision. We have attempted to simplify the process by-developing filing forms and administrative chart ruleed to go governing this eoprocessare foralso yourt information. You py of the You can obtain additional copies of the administrative rule or noti.^r forms from the Department in Salem or from our field offices if necessary. Field Representatives can &iso assist in answering any questions you may have about this process. This memorandum does not go into detail about the technical requirements for Department participation, notices, or the appeals element of the process, but is only intended to describe the essential responsibilities of local government. We will contact you, as appropriate, in individual situations which require more information or involve procedures not outlined in this memo. Attachments JFR:DB:spm 6720B/ � ILEa OAR 660-18-000 D E ft 291983 Division 18 Plan and Land Use Regulation Amendment Review Rule NORMA PA ULUS bLC-660-18-005 Purpose. This administrative rule is intended to iscarry of Rpolicy610 outlinedginl97.625.ORS 197.O10The Overall Purpose Y out 660-18-010 Definitions. For the purpose of this rule, the definitions con a ne n RS 197.015 shall apply. In addition, the following definitions apply: (1) 'Acknowledgment' means a Commission order that eirrtifieS that a comprehensive plan land iraend use reg�iattvn or plan oraton amendment cgapleswtthth6oal� (2) 'Filin ' or 'Submitted' shalt mean that the required documents have been received by the Department of Land Conservation and Development at its Salem, Oregon office. (3) 'Final Decision' as described in OAR 660-18-040 and OAR 660-18-050 shall be the approval or approval as modified, by the local government, of a proposed amendment to or adoption of a comprehensive plan or land use regulation. A denial of a proposed amendment by the local government shall not be considered a 'Final Decision' and therefore is not subject to review under this administrative rule. The date of the 'Final Decision' as described in OAR 660-18-040 shall be the date on which the local government takes final action on the amendment to or adoption of a comprehensive plan or land use regulation. In order to be deemed final, the local government action must include the adoption of all suppplimentary findings and data. In addition, the date ofinalaction sl calbe the dent ollowing exhaustion of all appealrights (4) 'Final Hearing on Adoption' as described in OAR 660-18-020 and OAR 660-18-030 shalt be the last hearing where all interestedpersons are allowed to present evidence and rebut testimony on the roposa to adopt or amend a comprehensive plan or land use regulation. Final Hearing on Adoption' shall not include a hearing held solely on the record of a previous hearing held by the governing bogy or its designated hearing body. If a final hearing on adoption is continued or delayed, following proper procedures; the local government is not required to submit anew notice under OAR 660-18-020. (5) 'Comprehensive Man' means a generalised, coordinated land use map and policy statement of the governing body of a local government that interrelates all functional and natural systems and activities relating to the use of lands, Including, but not limited to, sewer and water systems transportation systems, educational facilities recreational facilit-Jes. and natural resources and air and water quality management programs. 'Comprehensive' means all inclusive, both in terms of the geographic area covered and functional and natural activities and systems • occurring in the area covered by the plan. 'General nature" means a summary of the policies and proposals in broad categories and does not necessarily indicate specific locations of any area, a;tivity, or use. A plan is "coordinated" when the needs of all levels of governments, semipublic and private agencies, and the citizens of Oregon have been considered surfand andcs�bsurface.aandmuch the aiTossible. 'Land" includes waters both (6) "Land Use Regulation" means any local government zoning ordinance, land division ordinance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing standards for implementing a comprehensive plan. "Land use relulation" does not include small tract zoning map amendments, conditionause permits, individual subdivision, partitioning or planned unit ild evelomepermits anQrsimilarovals oradminisdenialtrative-type annexations, variances. decisions. (7) New Land Use Regulations Peans a land use regulation other than an amendment to an acknowledged land use regulation adopted by ra local government that already has a comprehensive plan and land use regulations acknowledged under ORS 197.251. (8) "Substantially Amended" as used in OAR 660-18-045 shall mean any change in text which differs from the proposal submitted under OAR 660-16-020 to such a degree that the notice ander OAR 660-18-020 did not reasonably describe the nature of the local i;avernment final action. (9)"Commission" means the Land Conservation and Development Commission. . (10) "Department" means the Department of Land Conservation and Development. Conservationrectors means and Developmenteorithetor of designeeethereoff.nL of Land . the2Commission pursuant to*Goals" mean tht dORS r197.005 tod197.430 and 197.610stodopted 197.650. (13) "Local Government" means any city. county or metropolitan districtservice performingformed under R S Chapter E68 or land use ni on of local planning. functions governments197.190. 9 p (14) "Computation of Time." means unless otherwise provided in this rule, the time within which an act is to be done is computed by excluding the first day and including the last unless the last day falls upon arty legal holiday or on Saturday, in which case the last day is also excluded. 660-18-020 Filina of a proposed Amendment to or Adoption of a Comprehensive P an or an se egu a on a e _ irector. proposal t 2 to amend a local government acknowledged comprehensive plan or land use regulation or to adopt a new land use regulation shall be submitted to the Director at least 45 days before the final hearing on adoption. The proposal submitted shall be accompanied by appropriate forms provided by he Department and shall contain three copies of the text and any supplemental Information the local government believes Is necessary to. inform the Director as to the effect of the proposal. The shall indicate the date of the final hearing on adoption. The Commission urges the local government to submit information that explains the relationship of thepropj )�ssal to the acknowledged plan and the goals. where applicable. (l9 66 _ 660-18-022 Exem tions to Filing Requirements Under OAR 660-18-020. (1) A local government is not required to submit a proposed amendment to the Director under OAR 1660tA-1a-�a0ti�ularhproposecald amendment or now overnment determines that the Goals do apply regulation. (2) A local government may provide less than 45 days notice as required in OAR m660-16-020sutrin�expeditedoreviewn(197 determines are 3mergency circa requiring i 660-18-025 Notice of Pro osed Amendment to or Ado tion of a an a o hose�euRequesting. ensive Plan or u Com rehac now a ged ersons request, ng no fce o propose amendments comprehensive plans or land use regulations or adoptions of new land use regulations who have paid the fee established under the provisions of OAR 660-18-140 shall be wailed a notice by the Department of the proposed action within 15 days of the receippt of notice from local government required by OAR 660-18-020. (197.610(1)) 660-18-030 Report to Commission. The Director shall report the Department posit on on propose comprehensive plan or land use regulation adoption or amendments to the Commission at least 20 days prior to the final hearingon adoption. This report shall indicate whether the Department wll participate in local government proceedings and whether the Director believes the proposal violates the g 9 660-16-035 Department Participation. If the Department is participating in a oca governmen proceeding for which ;:�ttce was received under OAR 660-18-020. the Department shall notify the local government. The Department notification shall t least 15 eived ysed prior to the final hearing on adoption as specified innotice rec under OAR 660-18-020 and shall indicate any concerns with the proposal and recommendations considered necessary to address the concerns including, but not limited to, suggested corrections to achieve compliance with the go 660-18-060 Submittal of Adopted Material. (i) Amendments to acknooledged comprehensive pplans or land use regulations, new land use regulations adopted by local government and findings to support the 3 he doption shall be mailed or otherwise submitted to cctor,i din five working days after the final decision by the governing t shall be accompanied by appropriate forms provided by the Department. The date of the "Final Decision" as described in this rule shall be the date on which the local government takes final action on the amendment to or adoption of a comprehensive plan or land use regulation and must include the adoption of all supplementary findings and data. exhaustion addition, the date of final action shall be the day following eex of all appeal rights before the local government. (2) The local government shall clearly indicate in its transmittal which provisions ° fo rapplicable days priorwhere to the finalehearing amendment was not submitted on adoption. (Note: - ORS 197.610 clearly requires all adopted plan and land use regulation amendments aereland not requiredltoibesto submitted tortrev a the Director even thoug Y prior to adoption.? (3) Where amendments, including supplementary materials exceed 100 requirements shallrbeosubmittedntoent thebDirectore(197.615(1).its 197610(2)) and requireme 660-18-045 Changes in Proposals. If comprehensive plan or land use regulation amenM- s or new and use regulations which are adopted by local government have been substantially amended the local government shall scravided changes -that 040.•een(197 615(i))in �e notice to the Directorp 660-18-050 Notice to Other Parties. In addition to notice ' requirements - . wits n five working days of the final decision by the governing body, local government shall send notice ofthe action to persons who participated in the proceedings rquired Dya0ARe66Q-18 adopption 050 and requested notice in writing. The notice shall describe the action, state the date of the decision, indicate the time and place where the acknowledged comprehensive plan or land use regulation amendment or new land use regulation and findings can be reviewed. tIn he localion, the notice governme t actionall to indicate Land Use Brequirements for appealing Board of Appeals. (197.615(2) 660-13-055 Notice of Local Government Action by the Director. (1) Within five won ng aye o e rrce pt—ofnd ice ail or other OAR 660-18-040, the Director shall provide notice by submittal to those who have requested notice under OAR 660-18-055 and have paid the fee established under the provisions aline t e 1oea140. This notice shalt explain the requirements forealseand indicate the overnment action to the Land Use Board of Appeals (197 61 (3)) Vocations Where the adopted documents may be reviewed. Director shall (2) Notwithstanding subsection (1) of this section, theprovide notice by mail or other submittal to persons described in 4 (1) above within five calendar days .%f the receipt of notice under OAR 660718-040 of amendments wade pursuant to OAR 660-18-022. 660-18-060 Mho May Appeal. (1) Persons Who participated either orally or in wri-ting 1r, the local government proceedings leading to adoption of an amendment to an acknowledged comprehensive plan decision land to use regulation or a new land use regulation may apps al the the Land Use Board of Appeals under ORS *7.631 of theto I `1oca1 government's director or any other person my f an appeal ORS he local 197.845 if decision to the Land Use Board of Appeals an amendment to a comprehensive pland use and noticegsubmitedrunderw land use ,re ulation differs proposal OAR 660-18-020 to such a degree that the notice did not reasonably describe the nature of the local government ion- (3) MW to adopt an director or any person way apps amendment to an ack..owledged comprehensive plan or land use�r gu ation or a new land use regulation to the Land Use Board of Appeals der ORS 197.830 to 197.845 when the local government does not provide the notice required b OAR 6r�0-18-020 under emote: AsdecisioneDotnto adopt a OAR 660-16-022 (197.620, 197.610(2)(b). appealable legislative amendment or now land use regulatton is not (197.620). 660-16-085 Action Where No A al or�Iubbction is ��e1certy IF 1eytnd. nreceipt of an a av t rom t e an r o PPe that no timely appeal has been filed or that a local decision has been affirmed. the Dire shall certify that an action taken subject to this r so rule lsisctimelydfiled,la localBA s actionstindercal thisodivis on isnt atconsidered appeal (197.626) 660-18-140 Fee for Motivee. (1) An annual fee of $50 to defray hthe costs of notice prosed idedeach under OAR 660-18-02S is established. fiscal year, or fraction thereof. Commencin9 July 1, 1982- The fee is dyable in advance of any notice being providedartment ander CAR R 660-18n025. or each subsequent fiscal ye , requesting such notice the annual fee each July. Persons failing to remit the terminated therequest for notice provinvoice ded underalOAR be deemed as having to 660-18-025. (197.610) (2) An annual fee of $150 to defray the costs of notice provided u,der OAR 660-18-055 is established. The fee shall be assessed for each fiscal year. or fraction thereof, commencingJu under OAR 65 1982. a fee s pay0le in advance of any notice being provided For each subsequent fiscal year. the Department shall bill persons requenotice the annual fee each July. Persons tailing to ,Ling suche date of the . remit the fee Mnated thedreq ests of tfor notice provided under aOAR 660-18 055. as having termi DB:llt 7145A/28C - 5 OFFICE USE ONLY ' NOTICE OF PROPOSED ACTIN LCDC FILE # TO: DEPARTMENT OF LAND CONSERVATION A DEVELOPMENT 1175 Court Street N.E. Salem. Oregon 97310-0590 Action: (Check all that apply) Comprehensive Land Use New Land Use Plan Amendment _ Regulation Amendment Regulation DATE: (City or County) FROM: LOCAL F I L DATE SET FOR FINAL HEARING ON ADOPTION: r or to a final hearing. (Note: Notice must be received in Salem at east days p This date must be provided when filed at DLCD because provisions for comments are tied to the date of final hearing). TIME AND PLACE FOR HEARING: 11) SUMMARY ANI) PURPOSE OF PROPOSED ACTION: a. Size of Affected Area: b. E715Zat ono A ecte Area: (2) List Statewide Goals which may apply to the proposal: (3) List any state or federal agencies, local goverment or local_ special service ai s`tr�cts which ma-be�nteres ted in or -a SY the proposal �.. ' Direct questions and comments to: (Phone) Address: COVILb" TO TRIS FQWL' 62068/980 OFFICE USE ONLY NOTICE OF ADOPTION LCDC FILE f TO: DEPARTMENT OF LAND CONSERVATION & DEVELOPMENT 1175 Court Street N.E. Salem. Oregon 97310-0590 e regulation amendments wast be sent to DLCO within 5 days NOTE: Adopted plan and land us of the date of final adoption. Action: (Check all that apply) Comprehensive Land Use New Land Use Plan Amendment Regulation Amendment A Regulation DATE: (City or County) FROM: DATE OF DATE PROPOSAL WAS D - (1) Describe the action taken including the size and location of the affected area fi U6 --.- notice of-the proposa was sent to ys pr or to eIf the adopted action is more than 100 pages in length, includin hearing, describe how the adopted measure differs from the proposal. findings g :�_pP y ' and information, the local government is required to briefly describe the purpose and requirements of the action: (2) If notice of the proposal was NOT sent to DLCD 45 days prior to the final hearing, please indicate Mty: Statewide Planning Goals Emergency circumstances are inapplicable required expedited review e3) Lis_ t Statewide Goals which may aPD1y to the pr:, Deal: (4) list an state or federal a envies, localgovernments er locaa�as•ecial service s r e s w c may a nteres n or m _ Direct questions and comments to: (Phone) Address THL HE ADO EpT'ibAlT 62OBB/98C ' N S oc 0 a 'o y �+~ oma+ m 4A N C •� c0 qJ r .L. i1Qlo Lt=iOl O.Y-r N O�'Cu., d \ L O {ma{y,� N 7p� N dJ L M O C A N L O C N ^ r LM- Par- *fes! �vi •«.'C'm t49 om.? in�Q {figgO� Q .W m it -'s..! � {1pppgdx �+ p� NO = 4� Cr�dl � D $ y J=2 SCO H _ q N#A.- 17 !•� q CL on � v LLD Q L r C� p \ r •� 4, V to 16 T 4A Ch d �✓ /- qp •r i s o C d C� g ` V �� vu 16 2� #A ��+o C Li C • Cy t g®Tam r \ L"M 4L32La � N 16 01LM r OSW 41 • #A N pp16d �N N c Ut O.r S NC C C a c � IMdrW -4-0 4A i c &b 0 earxb u 00.j C`N N vP J SIN3W3bIti 3H QAla S1N13W3aIt1 3a ltl301 � �� , T t CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 30, 1985 AGENDA ITEM #: DATE SUBMITTED: September 25, 1985 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Road Jurisdiction Transfer PREPARED BY: William A. Monahan T REQUESTED BY: DEPARTMENT HEAD OK. "✓"�/ CITY ADMINISTRATOR: POLICY ISSUC Will the County transfer jurisdiction of various roads in Tigard which the City Council recently requested transfer? INFORMATION SUMMARY Washington County is now considering the transfer of several County road segments to Tigard prompted by a resolution filed by the City. The County will take action on October 1. Two letters and attachments are enclosed for your review. One is a September 18 letter from Bru--e Warner which indicates the segments which we can expect t-• ^ceive. The other transmits the County policy report which has impact on our request. Please review the document and designate one or more representatives to attend the October 1 County meeting so that Tigard's concerns can be addressed. ALTERNATIVES CONSIDERED 1. Take no Action. 2. Review the materials and await the results of the October 1 County meeting. 3. Review the materials and have representatives of the Council attend the October 1 meeting and participate in discussion. SUGGESTED ACTION Review the materials and designate Council representatives to attend the October 1 hearing. (1910P) fj r,, WASHINGTON COUNTY ADMINISTRATION BUILDING — 150 N. FIRST AVENUE • HILLSBORO, OREGON 97124 DEPT.OF LAND USE AND TRANSPORTATION Administration 2nd Floor (503,1648-8761 September 18, 1985 City of Tigard P.O. Bax 23397 Tigard, OR 97223 Attn: Bob Jean, Cite Administrator RE: TRANSFER OF ROAD JURISDICTION Dear Bob: I would like to thank you and the City Council for giving me the oppor- tunity to appear before them to discuss the County Transportation Initiative and the very important Major Streets Transportation Program (MSTIP). We have completed our circuit with all the cities of Wash- ington County. We hope the Board of County Commissioners will take action at their September 24, 1985 evening meeting directing that the bond issue in the amount of $79.5 million be presented to the voters of Washington County at the Novemter 5, 1985 election. Of course, you and/or city council members are encouraged to participate if de- sired. The main reason of this letter is to discuss the comments which I heard at both the Transportation Committee meeting and at your City Council meeting regarding transfer of jurisdiction of roads from the county to the city. This discussion centered around Durham Road and _ the gentlemen representing the Summerfield residents. Approximately one month ago, the County received two resolutions from the City of Tigard. The first resolution requested transfer of juris- diction of SW 135th Avenue, SW Gaarde, SW Walnut and SW 121st Avenue. The second resolution requested "all streets now existing inside th¢ Tigard city limits except State roads". s At your council meeting of September 9, 1985, I indicated that there would be a hearing on October 1 , 1985, yefore the Board of County Commissioners regarding transfer of certain roads to the City of Tigard. an equal opportunity employer WASHINGTON COUNTY Inter—Department Correspondence Date September 10, 1985 To : Bruce Warner, Deputy Director Jerry Parmenter, Engineering/Surveying Manager From : Chuck Pearson, County Surveyor Z-` Subject . TIGARD TRANSFER OF JURISDICTION The City of Tigard, by ReL-.A ution No. 85-52, has requested the County to surrender jurisdiction from the County to the City of "all streets now existing inside the Tigard City limits, except State roads" , and "entire streets now only partially under the jurisdiction of the City of Tigard, except State roads". After reviewing this reouest, and reviewing the appli- cable State statutes relative to the surrender of jurisdiction with County Counsel , I have come to the following conclusions and recommendations: 1) It is impractical from a logical point of view to transfer several of the small isolated portions of County road that lies within the irregular boundary of the City. This would create a Situation where a portion of the road would be under County jurisdiction then a small portion would be under City jurisdiction then a small portion would be under County jurisdiction, etc. I have identified those areas on the attached map and marked them in green. 2) This situation also exists on other major roads, such as Durham Road. In this particular instance, there ar+: portions of Durham Road where the City has annexed only to the centerline of the road thus creating a situation where half of the right-of-way is in the County and the other half is in the City. To solve this problem, and allow the Citi, to acquire jurisdiction over the entire length of Durham Road, I understand it is possible to process an "administrative annexation" through the Boundary Commission. Once this is accomplished, the entire length of Durham Road can be transferred to the City. Those areas that should be "administratively annexed" are highlighted on the attached map 'n blue. 3) Since the City's "legislation" has requested all of the County roads within the City and it is probable that we would not recommend that those small islands be transferred, the County's offer to the City would not meet the limitations imposed by the City. This would require that the City, by "appropriate municipal legislation", accept the County's offer. Once accepted by the City the County executes one additional Resolution and Order, thus completing the transfer of jurisdiction proceedings. mama WNWA City of Tigard September 18, 1985 Page 2 This hearing will be limited to those roadways identified in your first resolution -- 121st, 135th, Walnut and Gaarde. We have yet to schedule a public hearing or action for the other roadways which you have requested through your Resolution and Order No. 85-52. This request would include Durham Road. Attached is a memo from the County Surveyor to myself dated September 10, 1985. This memo outlines some minor problems with transfer of jurisdiction of many roads in the City. The main problem is that all of the right of way on certain roads (such as Durham) has not been annexed by the city. Since we can transfer jurisdiction on only those roadways which are within the city limits, transfer would result in a hodge-podge of jurisdiction on one particular roadway. I have also attached a map of the City of Tigard showing the roadways which are not entirely within the city. The County Surveyor has recommended that the City and County mutually agree on exactly what roads should be transferred to City. At that time, the City of Tigard would take action to "administratively annex" those portions of roadway which are not currently under their juris- diction so that the full length (or a logical segment) of roadway r could be taken over. This is especially true of Durham Road. Until those sections of roadway are annexed to the city, responsibilities for maintenance would be hard to determine if we transferred only that portion now in the city. It is my understanding that administrative annexation is fairly simple and we will work with you to expedite the process. As soon as our staffs have agreed on those roadways which should be transferred by your resolution, we will schedule them for public hearing. I would appreciate a copy of this letter be provided to the Council for their information. If you are in contact with the gentlemen representing numeowners Association, I would like him to have a copy. If you have any additional questions or concerns, please let me know. Sincerely, Bruce Warner, P.E. Deputy Director Attachment cc Richard A. Daniels, Director Jerry Parmenter, Engineering/Survey Manager Chuck Pearson, County Surveyor Tigard Transfer of Jurisdiction Page 2 RECOMMENDATION It is my recommendation that the City and the County mutually agree as to exactly what roads are to be transferred to the City. At that point, I would recommend that the City adopt another Resolution requesting those specific streets be transferred from the County to the City. The County could then set the public hearing and upon the completion of the public hearing, the process is finished. During the time that the City is adopting a second Resolution, they could concurrently "administratively annex" those portions of half street right-of-way. This would enable the City, for instance, to acquire the full length of Durham Road. CP:ss . Attachment WASHINGTON COUNTY AMMISTRATION BUILDING — 150 N. FIRST AVENUE HILLSBORO, OREGON 97124 DEPT.OF LAND USE AND TRANSPORTATION Planning Division 2nd Floor (503)648-8761 September 17, 1985 To : Washington County Transportation Coordinating Committee Technical Group From : Brent Curtis, Planning Manager Tz--,, Subject : REVIEW OF POLICY ON ROAD JURISDICTION REPORT Attached is a report entitled Recommended Policy on Road Jurisdiction, which was presented to the Washington County Board of Commissioners at their September 17th work session. This report was prepared in order to provide the Board with a policy to use in responding to requests by cities for transfer of road jursidiction of portions of the County's major road system. The interim policy recommended in this report will be considered for adoption by the Board on October 1. m If adopted, the Board will use this policy at their October ist public hearing to respond to transfer requests from the cities of Beaverton, Tigard and Tualatin. If you have any questions or comments please call. BC:mb Attachment i .f z an equal opportunity employer TRANSPORTAT ON I ' �r INi'I'IATIVE� PROSRAivt - b i4 A REPORT TO THE BOARD OF COUNTY COMMISSIONERS ON RECOMMENDED POLICY ROAD JURISDICTION SEPTEMBER 1985 WASHINGTON COUNTY DEPARTMENT OF LAND USE AND TRANSPORTATION 1 r : RECOM14ENDED POLICY ON ROAD JURISDICTION DRAFT t SEPTEMBER, 1985 WASHINGTON COUNTY y` DEPARTMENT OF LAND USE AND TRANSPORTATION �a t CONTENTS Page SUMMARY 3 I. INTRODUCTION Problem Board Response Need for Road Jurisdiction Policy 5 II. BACKGROUND County Road Defined Road Jurisdiction Current Policy and Practice City Requests for Transfer of Road Jurisdiction 9 III, ISSUES County Provision of Urban Services Land Use and Transportation Planning Road Standards Uniformity Fiscal Implications Cost Savings and Maintenance Efficiencies Legal Implications IV. ALTERNATIVE ROAD JURISDICTION POLICIES 14 1. Current Practice Advantages Disadvantages 2. Road Jurisdiction by Jurisdictional Boundaries Advantages Disadvantages 3. Road Jurisdiction by Functional Classification Advantages Disadvantages 17 V. FINDINGS AND RECOMMENDATION Findings Recommendation Interim Policy Advantages Disadvantages LIST OF TABLES l Page 1. Urban Area Arterial and Collector Street Maintenance Responsibility 6 2. County Road System 11 3. Average Managed Maintenance Cost 12 LIST OF FIGURES 1. Current MaJor Road Maintenance Responsibility 8 X APPENDIX A. Board Policy regarding road jurisdiction as part of a proposed annexation, July 7, 1981, Minute Order No. 81-342. B. County Roads "Transferred" June 1983 June 1985 C. Beaverton Request for road jurisdiction transfer, Resolution No. 2592. D. Tigard Request for road jurisdiction transfer, Resolution No. 85-51. E. Tualatin Request for road jurisdiction transfer, Resolution No. 1565-85. F. County Surveyor Memo August 10, 1985 G. "County Roads" Inside City Limits Raw SUMMARY Washington County does not currently have sufficient revenues to adequately fulfill its road maintenance obligations. The County has adopted a two part strategy to correct this imbalance: ° generate more road maintenance revenue, and ° reduce its road maintenance obligations. Historically the Board of County Commissioners has taken steps to accomplish both objectives. One action has been to encourage cities to assume jurisdiction and road maintenance responsibility over roads within their jurisdictional boun- daries. Several cities have recently requested jurisdiction over 18 miles of streets and roads, including some portions (9.5 miles) of the County's major arterial and collector system. Although there is general agreement that all "local access roads" should become the responsibility of cities or another unit of government, they may not be the best equipped and the most appropriate governmental units to control and main- tain portions of a County's wide network of major roads. Several important issues regarding maintenance efficiencies and uniform road standards, including access control, should be considered before any further actions are taken to transfer responsibility for any arterial or major collector roads to cities. Until now the Board has not had a County Road Jurisdiction policy pertaining to the major road system. This report discusses the above issues and offers three road jurisdiction policy alternatives for consideration. The alternative choices are: 1. Maintain the current practice of determining road jurisdiction on a case-by-case basis at the city initiative; 2. Enact a policy which directs that all roads inside city limits become city responsibility; or 3. Enact a policy which establishes road jurisdiction by road type or func- tional classification. In effect, this policy would direct that the County retain responsibility for the County's major road system (arterials and major collectors). Cities would assume responsibility for roads classified as minor collectors or local streets within their city limits. Findings and Recommendation - o Although the County's current road maintenance funding sources are uncer- tain at the present time, future County operations and maintenance of a "County-wide Road System" warrants investigation. o It is assumed that roads presently classified as arterials and major collectors in the County's Transportation Plan would constitute a signi- ficant portion of any future "County-wide Road System." o The County's Transportation Plan is scheduled to be updated by the end of 1986. -1- • The Transportation Plan update process and work on other elements for f the Transportation Initiatives Program will provide an opportunity Department of Land Use and Transportation staff to work .jith cities to: Determine the advantages and disadvantages of establishing a "County Road System," and determine what roads a "County Road System" should include. Coordinate access spacing regulations, road construction standards and future functional classifications of the County's major read network to protect and insure its travel capacity. ° Develop a system to better coordinate theand delivery of road maintenance services which ond toupod reduce lit cal bo ndary�changes overlap, improve accountability and resp as annexation or incorporation occurs. Recommendation Rased on these findings the BoISdTranslortationthe Planoisoupdated.icy on an interim basis until the County P Interim Policy It shall be the policy of the County to: on the 1. Transfer jurisdiction local roads andiminordcollectors. Transportation or collectors or 2. Not transfer jurisount�oTro�nsportatf roads diontPlanedas unlessj such transfers of arterials by the County jurisdiction are conditioned to: a. sustain the road's designated function and, b. rehat ervedthe untilbthe, adoptionsofianaupdated County ad system is p �s pres Transportation Plan. tt �w. -2- I. INTRODUCTION Problem Washington County has seen its population a1dtemploymequatelent growth and n associated traffic volumes out-distance its fisca Y to oad system. The County is presently responsible for the maintenance of 1,200 miles of roads. The annual price tag to adequately maintain this investment is estimated to be $7.9 million. Currently road maintenance funds received from they rotect thee Motor ehicle County'sn$500dto the County fuel tax are not sufficient to adequately p $600 million investment in its existing road system. In 1981, a two-year $26 million County-wide read maintenance serial levy was approved by the voters. This money financed long overdue maintenance and repaired the worst of the badly neglected city and county road system. During the two-year program the County, with its share of the levy was able to repair all of the arterial and cicwereroverlaid orads and nsealedlocal tooextend their ser- viceability hundred miles of Co��.,ty roads for an additional five to seven years. the The funds received from the 1981 rroad result they were Countyfwasyfacednded withba revenue short- end of the 19114-85 fiscal year. As a fail for fiscal year 85/86 and beyond. • Board Response To address this problem, the Washington County Board of County Commissioners recently made three major decisions. First, the Board increased the County's fuel tax, effective June 1, 1985, from 1 cent to 4 cents per gallon. Second, the County prioritized its road maintenance expenditures bydirecting the Department of Land Use and Transportation to uti- lize a "vehicle trip mile" distribution formula for road maintenance. This policy gives first priority to the County's most heavily used roads. Finally, the Board directed County staff to work with cities toward the eventual transfer of jurisdiction of certain County roads within city limits. Even with these actions, the County's annual alistenancereets ashond rtfallgfor F Y85ads -86 precludes maintenance of most urban res and has raised the question of the County's ability to continue to accept new subdivision streets for maintenance.f localThis lssue roadsand is theetopicvofmathods of separate maintaining the County's 696 miles report entitled, "Funding the Maintenance of Local Roads" (to-be presented to the Board in late September). -3- a lamp N Need for a Road Jurisdiction Policy Responding to the County's policy of encouraging cities to assume road jurisdic- tion and maintenance responsibilities of certain streets inside their city boun- daries, the cities of Tigard, Beaverton and Tualatin have recently requested transfers. The additional maintenance dollars received from the County fuel tax increase have also helped prompt these requests. These cities have requested jurisdiction over several arterial and collector streets in addition to local roads. It is assumed more requests will be forthcoming from other jurisdic- tions. The Board has recognized the need to adopt a uniform road jurisdiction policy in order to properly respond to these requests. Although there is general agreement that cities should eventually assume juris- diction over all local roads inside their boundaries, there are some important issues which should be considered before the County takes any action to transfer jurisdiction of any additional segments of the County's arterial and collector road system. These issues include: ° County provision of urban services Land use and transportation planning ° Road standards uniformity Fiscal implications ° Cost savings and maintenance efficiencies ° Legal implications Finally, the immediate benefit of reducing the County's maintenance obligations must be weighed against its future ability to control the purpose (functional classification), construction (road standards), and use (access control), of the County's major arterial and collector system. II. BACKGROUND County Road Defined A "County Road" is a "public road under the jurisdiction of a County that has been designated as a county road under ORS 368.016" (which since 1981 requires a Board resolution or order for such designation) [ORS 368.001(1)]. Source: County Counsel Opinion 85-7. Roar Jurisdiction Having "jurisdiction" over a road gives the governing body, in this example the County, sole responsibility for its maintenance. In addition the County has, for all roads under its jurisdiction, the authority to define the road's func- tion through the County Transportation Plan, to determine the road's eventual size and structure through the County's adopted road standards and to control access to abutting properties through the Community Development Code and access Permit process. The present urban "County Road System" contains 243 miles of arterial and major collector streets. The County currently has jurisdiction over 167 miles or 69 percent (see Table 1). Current Policy and Practice The County's adopted Transportation Plan does not describe the nature of a future "County Road System." It also does not address the issue of transfer of road maintenance responsibility or whether such transfers should take place. Transportation Plan implementation policy M8 describes road maintenance respon- sibilities as follows: "The Washington County road maintenance program will be confined to those roads which have formally been accepted as "County roads". Those roads which are local access or "public roads" will only be eligible for expenditure of County funds as prescribed and limited by the Oregon Revised Statutes and policies of the Board of County Commissioners. County funds will not be expended for the maintenance or improvement of private roads. Emphasis will be placed upon maintaining those County roads which were constructed to a structural standard (improved). Improvements to local and minor collector roads are the responsibility of the benefitted owners as prescribed in the County Charter." -5- gym- k F (.j C) # V� CWC O V LLJLJ M N t t) LL-?-G V~9 N r ul uj cl:04J CG J CO Nz O d to W W N(-- >Y Cl ca W J H M V t1'1 d Atco .•1O r N a% f. cn y Z N Ln r-+ O 7 4 W 9th t/! W Nr L ... W OG b-4 (^ pp co •> 3 J C� Q r W Ct��•r M N C ie J H H r td n N d J V U LL, O `•- > N I- 4)N i s �.J G O Q >1 •r p co N X W V ui� L C to W C07 C j co 00 00 Q ®W c!` Co r 41 ON O1 O1 r Q N~ %0 � 01 to C cc; Ln r CO 41 ce _ cc 4D 4A ul CC Co 1 Z V N b ItY Im ui 4n Co Q G W to c r LA co Z ar �-- M •OIff t�IS into O '.. 0. A 01 N 7 N '` Om(D 1 • O I- 0 O J 4A 4J to W E ¢ i-0 4J IV i to J O O 1- t- > rp <. w to cp faU W ¢ o In co{- F- W J Q C, �. .--r N M d' N ' �..- -r The only policy the Board currently has to use as a guide in responding to requests for road jurisdiction transfers is a policy adopted on July 7, 1981 (Minute Order No. 81-342) that requests an assurance that cities will assume jurisdiction of all local and collector roads as areas are annexed . This policy also directs that an agreement on the jurisdictional status of all County arterials be reached prior to annexation (see Appendix A). This policy has not always been followed by cities or the Boundary Commission. In the last two years, the Board has transferred upon request all or a portion of four major streets and roads comprising 1.6 miles (see Map Figure 1 and Appendix B). The practical recommendations contained in previous staff reports on individual transfer requests prepared by the Engineering/Survey Division has provided some assistance. These pragmatic considerations, however, deal only with the ease h transfer of and practicality of maintaining a particular road segment, e.g., half streets or small discontinuous road segments is discouraged. Additionally, current policy represents a fragmented approach to the larger question of ultimate road jurisdiction. City Reg.,ests for Transfer of Road Jurisdiction Recently the County has received requests in accordance with the provisions of ORS 373.270 from the cities of Beaverton, Tigard and Tualatin for the transfer (from County to City) of road jurisdiction and road maintenance responsibility for 18 miles of streets and roads (8.5 miles of local and 9.5 miles of arterial and collector roads). These cities have determined that it in the best interest of their citizens and -- to their benefit to make these requests; copies of the requests are presented in Appendixes C, D & E. Following Board consideration of and action on the larger road jurisdiction policy issue, these requests will be brought forward for review and action. q3.. kyr { -7- e (S Qc Lffle r, p111111,11111111 111 1111111 1[1!111 111.1111 1111,111 if, )M fjl 1!1 I1 o T I i 1 i iiiii I 1 - , !- FF 1 ( Y'!'' � I 1' r ! 1�� ( L�� 1 1 I I��►li1►'llrrlililly!►i'itdih'.itdill'i►i�ili'ii!'tli'I►ilili+ii�lill'l►tf 0�1'M1) NOTE: IF THIS MICROFILMED --. _._— _..�. 2 - 3 4 _. _ 5 - S_ - 7 8 Q ►g0 I1 ..._._. _.12 . DRAWING IS LESS CLEAR THAN THIS NOTICE. IT IS DUE TO THE QUALITY OF TFE ORIGINAL .. - DRAWING. I^•=_____ _.-__ - ~ of 6z ez zz 9z -sz ez cz zziz oz sr BI—L! 91 Sf- bl of " zl 11 oo—s- 9 'L _9 s miCiudnulmdiiiilwdoNlandioalnnitul�itl�ii f MURCH, ' _ _ ; ,_1900 _ M ................. v WASHINGTON COUNTY TRANSPORTATION INIATIVES PROGRAM -=J_ _.2 CURRENT C—ofne-s MAJOR ROAD MAINTENANCE RESPONSIBILITY !I HOE STATE JURISDICTION JURISDICTION TRANSFERRED TO CITIES ................ BEFORE 1983 HN,IIHHNHIIIIIHNI"I"" 1983 - 1985 _oGd ................. PROPOSED TRANSFERS THIS MAP IS COMPILED FROM ORIGINAL MATERIALS AT 111E11 SCALES. 101 1111 DETAILS -E IIEFIE. OF �E INCORPORATED AREA YYY t. TO THE SOVRCE MATERIALS OR THE WASHINGTON COUNTI NORTH OC PARTMENT OF LAND USE AND TRANSPORTATION URBAN GROWTH BOUNDARY z WASHINGTON COUNTY o 1 2 ULES DEPARTMENT OF LAND USE AND TRANSPORTATION PLANNING DIVISION a AUGUST 1985 Ip 1)11-1 till 1141111111 1111][1111 1111ij till I j;IljIlIII NOTE: IF THIS MICROFILMED 2_ 5 7 DRAWING IS LESS CLEAR THAN THIS NOTICE. IT IS DUE TO THE QUALITY OF THE ORIGINAL DRAWING. 9z SE bz ca ZZ 1z oz of 81 LI 91 11 of 6 9c a i M --- ullluuilen ARL;n1390 • 7 :` ............ IV. ISSUES t, In developing a recommended policy on the transfer of road jurisdiction, the staff has considered the following issues: County Provision of Urban Services ° Land Use and Transportation Planning ° Road Standards Uniformity ° Fiscal Implications ° Cost Savings and Maintenance Efficiencies • Legal Implications Count Provision of Urban Services The issue of the County's continued role as an "urban service" provider has been discussed previously by the Board. To date, no final policy eecisions have been reached. A policy decision regarding jurisdictioroad n over, tem and l loong-teimpmcationsnincregard n- sibility for, the County's m to the County's future as an urban service provider. Land Use and Transper°ration Planning Jurisdictional decisions oVemata� factorsnal in determining,theoultimatesfunctdion use, and access permits are 3 of the County's major road system. The County's vel pmeentaand operationtofns a number of policies a balanced transportationsigned systemtin the insure the State pm goals and the County's land use plana and policies. context of State planning The County's Transportation Plan policy dealing with access management reads: "To protect the travel capacity on the arterial and major collector street system, new development will be required to comply with access management standards set rban forth in the Community Development Ordinance, Road Standards and Comprehensive Framework Plan." Each of the cities in the whichyidentifyalso vtheofunctionaleclass plans oferoadsninsidenthe use, transportation plans - city, and their own access standards. These local plans and policies do no always agree with the County's Plan in considenetworkring certain major roads as an impor- tant link in a larger County-wide an oppor- lan The County's upcoming nese diate of the willfferences andnreachation finalPagreementponvad"County Road tunity to resolve -9- ru Road Standards Uniformity Recently DLUT staff has revised the County's road standards. These road stan- dards have been reviewed by the cities in Washington County and provide the basis for working with cities to develop a consistent set of road standards. A set of consistent County-wide road standards are desirable, but would be essential to the successful operation of a County road system under multi- jurisdictional control. Fiscal Implications The cost to adequately maintain the County's 1,200 miles of County roads was estimated in 1984 to be $7.9 million per year. (Source: Report on Road Maintenance Needs, Costs and Funding Alternatives, Wash. Co., DLUT, May 1984). To meet this obligation, the County receives funds from the State Motor Vehicle Fund (Stat,- Gas Tax) and the County Fuel Tax. In March 1985, the Board of County Commissioners approved an ordinance increasing the County fuel tax by 3 cents per gallon. This Board decision must go to the voters for ratification in November 1986. By ordinance, the County distributes a share (based on popula- tion) of the County fuel tax receipts to cities for road maintenance purposes. Even with the additional 3 cents increase in the County Gas Tax, the County stili has a funding shortfall. A recent inventory by the GLUT Engineering/Survey Division indicates that there are approximately 27 miles of local access roads, 19 miles of collectors and 18 miles of arterials inside incorporated boundaries for which the County currently hos maintenance responsibility (jurisdiction) (see Appendix G). These streets represent approximately 1 percent of the County's "urban" local streets, 23 per- cent of the County's "urban" major collectors, and 21 percent of the Cour. y's "urban" arterials (see Table 2). The County's annual maintenance cost for these 64 miles of roads inside city boundaries is estimated to be as high as $498,455. This estimate is based on a managed maintenance cost figure which assumes a seal coat will be applied every 5 to 6 years; an overlay every 12 to 20 years (depending on road classification); and sweeping, striping, signing, etc. , done each year as needed (see Table 3). Cost Savings and Maintenance Efficiencies The County's system of arterials and collectors, like the Interstate and State Highway Systems, was designed with the specific Imirpose of serving internal system trips, in this case intra-County through trips. Likewise, local streets inside cities are designed to provide direct access to business and residential properties inside cities. Any policy decisions regarding the County's future road jurisdiction and main- tenance responsibilities should consider the natural division of maintenance responsibility this road system implies. For example, the County could empha- size repaving and striping of all urban arterials and major collectors, as well as rural roadside maintenance activities such as ditch cleaning and brush control. Cities then could concentrate their efforts on the maintenance of -10- TABLE 2 COUNTY ROAD SYSTEM Percent * (Inside Road Classification Total Miles Inside Cities Cities) Urban Arterials 84 18 21% Urban Major Collectors 83 19 23% Urban Minor Collectors b Local Streets 422 27 .06% Subtotal 589 64 9% Rural Arterials 14 Rural Major Collectors 173 Rural Minor Collectors b Local Streets 424 Subtotal 611 TOTAL 1,200 SOURCE: Report on Road Maintenance Needs Costs and Funding Alternatives, Washington County DLU , May 1984. *City boundaries as of 8/1/85 {c �;.�2L.,-.F,. !. r.,�.�.,K ,.,...._4„u ... ., ._ _,,.... :�<.z, .�:�.•.fie.,�-.. .¢yam _ TABLE 3 AVERAGE MANAGED MAINTENANCE COST Managed Maintenance Type of Road Cost Per Mile Per Year Miles Total 5-Lane Arterial $ 11,380 18 $ 204,840 3-lane Collector $ 8,270 19 $ 157,130 2-Lane Local $ 5,055 27 $ 136.L485 TOTAL 64 $ 498,455 SOURCE: Report on Road Maintenance Needs Costs and Funding Alternatives, Washington County GLUT, May 1984. s }s, -12- minor collector and local streets. This kind of system which divides jurisdic- tion and maintenance responsibilities by road `unction or class, could result in r maintenance efficiencies and cost savings. Legal Implications To transfer road jurisdiction held for the purposes of "repair, construction, improvement and the levy and collection of assessments" under ORS 368.026(2) also includes transfer of control over the issuing of access permits, the ability to require dedication of property for future rig%t-of-way and the ability to require road improvements as a condition of new development. Having road juris- diction now also provides the governmental unit with ,,jrisdiction with direct authority to determine the functional classification of each roadway under its control. The County is not obligated to transfer road jurisdiction if a determination is made that such an action is not in the best interest of the County's citizens. The County is required to hold a public hearing in response to a request for transfer. The three basic procedures for transferring jurisdiction over County roads within cities are outlined in a memo from the County Surveyor dated August 10, 1985 (see Appendix F). -13- }Y IV. ALTERNATIVE ROAD JURISDICTION POLICIES In order to assist the Board in determining a future road jurisdiction policy, three alternatives have been analyzed. Each alternative offers a different phi - losophy regarding the County's future road jurisdiction and maintenance role. The alternatives are as follows: o Continue current practice of road jurisdiction transfers (on a case-by- case basis); • Road jurisdiction based upon city boundaries; and ° Road jurisdiction based upon functional classification. 1. Current Practice Under this alternative, the Board would continue to review each road jurisdic- tion transfer request and approve all reasonable requests for transfer. Advantages: This alternative retains the County's flexibility to respond to indiviCual requests as warranted. It reduces the County's maintenance obligation ever time as requests are granted. Disadvantages: This alternative leaves the larger issue of road jurisdiction unsettled and the County's long-range urban service role in road development and maintenance uncertain. This alternative does not send a clear message to other jurisdic- tions and County citizens of the Board's intent regarding the County's future as a service provider. It does not address the question of whether or not to iden- tify and maintain a "County Road System" under the County's control. 2. Road Jurisdiction by Jurisdictional Boundaries Under this alternative all roads (other than State facilities) within incor- porated areas would eventually be taken over by a city. The intent of this approach would be that ultimately the County would retain responsibility for roads in the remaining unincorporated urban and rural portions of the County only. This alternative would further reinforce the current policy of requiring transfer of roads upon annexation of land to cities. Advantages: Generally, citizens' perception of accountability and responsibility for roads would be clarified, with all roads inside city limits being the direct respon- sibility of the City. -14- ss Developers in cities would not be required e rmi t s nd useaapprovals andmbuilding the County and would thus be able to get all land permit process would be from the City. For these individuals, (, streamlined. Count would be in a position to spend relatively more maintenance dollars The Y on roads in the unincorporated areas. Disadvantages: ld b This Coun c control over major roads inside incorporated rias tothrough the This ted. could have a negative impact on the County's through trips on the County Transportation Plan which emphasises accommodating major road system. the County and the City could find themselves competing Under this alternative, mprovemenfity.often from the same funding source with each other for road i for different portions of the sameacil This alternativE would eliminate the County's ability to establish and maintain a County Road System. 3. Road Jurisdiction b Functional Classification responsibility (for road's function as defined Under this alternative, road jurisdiction and maintenance other than State anlould Planbrather thandby a its geographical location. in the County's Transportation The intent of 'this policy would be for the County to retain responsibility for that portion of the arterial and major collector system currently under County jurisdiction and to actively pursue jurisdiction over thatportion fthe arterial and major collector system currentlyunder city jurisdiction. This policy would �lluminorccollectorities to aand localssume istreetsninsideatheiraboun- responsibility for a da ries. The County would work to negotiate trade arrangements, i.e., maintenance of arterials and collectors in exchange for local streets to accomplish this exchange. Advantages: This alternative would establish a "County Road ourcesttotsensure a system loflann�ng and maintenance authority with sufficient reliable quality and function. Under this arrangement, the Ctofcould the C concentrate its of forts a and gear its operation toward the maintenance �` -15- Cities could adjust their programs to emphasize local road maintenance activi- ties. By concentrating their maintenance dollars on local streets, cities would have an opportunity to provide a direct and visible service to a greater number of city residents. This arrangement should result in overall efficiencies and cost savings by avoiding duplication, promoting specialization and minimizing extra travel to job site time and expense. Di sadvantages: This alternative would strengthen the County's role as an urian service provider, an issue the Board has yet to address in a comprehensive fashion. Adoption of this policy may influence future policy decisions on the larger urban service question. Arterials and major collectors currently under city jurisdiction would ulti- mately need to be transferred back to County jurisdiction. This could prove difficult or impossible to accomplish. This alternative would not reduce the County's current maintenance obligations. THe County would need to acquire new reso-,roes ($362,000 annually) to maintain that portion of the arterial and major collector system currently under city Jurisdiction if and when acquired. This alternative would continue the need for individuals to obtain County access permits for developments on the major road network inside cities. This alternative would not entirely eliminate citizens' confusion over read r maintenance responsibility and accountability. ( -16- V. FINDINGS AND RECOMMENDATION Findings The County currently does not have sufficient resources to meet its present road maintenance obligations. The County is currently responsible for the maintenance of 64 miles of streets and roads inside city boundaries. Three cities have recently requested transfer of 18 miles of streets and roads inside their jurisdiction (8.5 miles of local roads and 9.5 miles of arterials and major collectors). To transfer all of those portions of the streets requested could reduce the County's maintenance obligation by $125,000 annually. The Board has an existing policy, adopted in 1981, which directs that cities request transfer of jurisdiction for all local and collector roads following annexation. There is general agreement that all local roads inside cities should become the maintenance responsibility of those cities. Existing Board policy also directs that agreements be reached on the jurisdiction of all arterials prior to annexation. The requests by cities for jurisdictional transfer of portions of the County's major road network (arterials and major collectors) raise several major issues such as: ° The County's future role as an urban service provider. { ° The advantages of establishing a "County Road System" to be planned for and maintained by one governmental jurisdiction. The update of the County's Transportation Plan will provide an opportunity to resolve these issues. In the interim, the Board has directed the staff to recommend a policy to respond to these immediate requests. Three alternatives have been identified and the advantages and disadvantages of each considered. The policy alternatives are as follows: ° Continue current practice of considering road jurisdiction transfers on a case-by-case basis; ° Road jurisdiction should be based upon city boundaries; and ° Road jurisdiction should be based upon functional classification assigned to the road in the County Transportation Plan. In response to these policy alternatives, staff concludes: 1. To continue with the current practice does not address the issues. :.`' -17- 2. Road jurisdiction based exclusively upon jurisdictional boundaries may not be the best arrangement to accommodate through trips on the major road system. 3. Road jurisdiction by functional classification has several important planning, maintenance and operational advantages. Recommendation The Board should adopt the following policy on an interim basis until such time as the County's Transportation Plan is updated. It shall be the policy of the County to: f all roads 1. Transfer Transportation dPlan oasolocal roads and�minor dcollectors. 2. Not transfer jurisdiction of roads designated as major collectors or arterials by the County Transportation Plan, unless such transfers of jurisdiction are conditioned to: a. sustain the road's designated function, and b. ensure that the public's interest in a County-wide road system may be preserved until the adoption of an updated County Transportation Plan. Advantages The advantages of this interim policy are that: ° The issue of the County's funding ability will be decided by November 1966, when the continuation of the 30 gas tax increase will come before the voters. This will enable the County and cities to plan for their long-term maintenance responsibilities. ° Within the next year, alternative funding mechanisms for the maintenance of local roads will have been investigated. This will relieve the better of major financial positionctormaintainithey"Counnd tytthe road system." a much ° This policy will provide sufficient time to coordinate and determine future road jurisdiction and maintenance responsibilities b_tween the cities and County through the update of the County Transportation Plan. Disadvantages ° This policy does not provide an immediate decision as to the final collectors rconsideration. those minor arterials and major ° This policy will continue the County's maintenance responsibility for those roads under consideration. -16- APPENDIX • WAIHINGTON CG®�JNTY A bacr—I)cport►neut C:orrespondcuc c Date July 13, 1981 To Roger Thomssen Director of Records From Donald Mason .�y Acting County Administrator Subject MINUTE ORDER NO. Adopted as County policy the following statements which address read Jurisdictions which are a part of a proposed annexation to a eity. The Board of Commissioners at its regular meeting on July 7, 1981, by Minute Order #81-342, adopted as County policy the following statements which address road jurisdictions which are a part of a proposed annexation to a city. 1. It shall be the policy of the County to require that annexation legal descriptions are drawn to include all adjacent road right-of--way in the annexation unless the Board determines otherwise.* 2. it shall be the policy of the County to obtain assurances from a city that the city will request transfer of Jurisdiction after annexation of all public and county local and collector roads unless the Board determines otherwise. 3. It shall be the policy for the County to reach an agreement on the Jurisdictional status of all county a►teriais prior to annexation, unless the Board determines otherwise. 4. it shall be the policy of the County to oppose annexations of land to cities: that have not incorporated significant unincorporated county islands within therir cities where they may do so by their own actions, unless the Board determines otherwise. S. It shall be the policy of the County to oppose annexations where the city and the county have not earned agreement on policy items 1,2,3 and 4 above *These policies do not allow a city to taste ju -diction of a road outside Its boundaries for the purpose of creating islands of land so the city can use this basis for annexation of these islands. ar - B COUNTY ROADS TRANISMEPr"D JUNE 83 JUNE 85 C.P..: 25.:.2 T!J C.R.: 25 i B T/J DATE: MARCH 20. 1984 DATE: APRIL 9, 1985 ROAD: QUINCE STREET ROAD: S.W. BOONES FERRY ROAD CLASS: ARTERIAL CLASS: LOCAL LIMITS: IN FOREST GROVE LIMITS: IN WILSONVILLE JURISDICTION: FOREST GROVE JURISDICTION: WILSONVILLE C.R.: 2534 T!J C.R. : 2578 T/J DATE: JUNE 19, 1984 DATE: APRIL 9, 1985 ROAD: S.W. 80TH ROAD: S.W. PARKWAY AVENUE CLASS: LOCAL CLASS: LOCAL LIMITS: IN TUALATIN LIMITS: IN WILSONVILLE JURISDICTION: TUALATIN JURISDICTION:. WILSONVILLE C.R.: 2334 T/J C.R.: 2578 T/J DATE: JUNE 19, 1984 DATE: APRIL 9, 1985 ROAD: S.W. AVERY ROAD: S.W. ELLIGSEN ROAD CLASS: LOCAL CLASS: MINOR ARTERIAL LIMITS: IN TUALATIN LIMITS: IN WILSONVILLE JURISDICTION: TUALATIN JURISDICTION: WILSONVILLE C.R.: 2543 T/J C.R.: 2593 T/J DATE: AUGUST 7, 1984 DATE: MARCH 26. 1985 ROAD: S.W. NYBERG ROAD: S.W. CLINTON CLASS: LOCAL CLASS: LOCAL LIMITS: IN TUALATIN LIMITS: S.W. 68TH TO S.W. 60TH JURISDICTION: TUALATIN JURISDICTION: TIGARD C.R.: 2545 T/J C.R.: 2594 T/J DATE: AUGUST 7,1984 DATE: MAY 14, 1985 ROAD: TUALATIN-SHERWOOD ROAD ROAD: S.W. SUNSET BLVD. CLASS: LOCAL CLASS: MAJOR COLLECTOR LIMITS: IN TUALATIN LIMITS: IN SHERWOOD JURISDICTION: TUALATIN JURISDICTION: SHERWOOD C.R. : 2577 T/J C.R.: =594 T/J DATE: NOVEMBER 6. 1984 DATE: MAY 14.1985 ROAD: SHUTE ROAD P.OAD: S.W. MURDOCK CLASS:.MINOR ARTERIAL CLASS: MAJOR.COLLECTOR LIMITS: :IN HILLSBORO LIMITS: IN:SHERWOOD JURISDICTION: HILLSBORO JURISDICTION: SHERWOOD RESOLUTION NO. x592 Certified A RESOLUTION INITIATING ACTION TO TRANSFER JURISDICTION OF CERTAIN COUNTY ROADS WITHIN THE CITY TO THE CITY UPON SPECIFIED CONDITIONS. WHEREAS, QRS 373.270(6) provides a mechanism to transfer jurisdiction of County roads within a City to the City; and i WHEREAS. the City of Beaverton has determined that the best interests of its citizens may be served by obtaining jurisdiction over certain County roads in order to enhance maintenance, to limit inefficiency, and to create better accountability to its citizens; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BE.AVERTON, OREGON AS FOLLOWS: The Council authorizes the Mayor of the City of Beaverton to contact the Washington County governing body and -request surrender of the below listed 1 County roads to the City of Beaverton, as shown on the attached map Exhibit NA" 1. County Road No. 2501................(S.W. Jenkins Road lying between S.W. "' 158th Avenue and S.W. Murray Boulevard). All of County Road No. 2501 located in Sections 5 and 8, T1S, R1W, W.M., Washington County Oregon. The transfer is subject to the completion of an inspection of the bridge within the past one.year, and the correction of any deficiencies noted in the inspection report. -' 2. County Road No. 273............... . (S.W. Weir Road lying between a point 200 feet West of the Center of S.W. 155th Avenue and a point 1460 feet East of the center of the S.W. 155th Avenue). All of that portion of County Road No. 273 lying between the West line of Sections 29 and 32, TI.S, R1W, W.14. and the Terminus of said >: County Road No. 273, except that portion of said County Road No. 273 h previously transferred to the City of 7 Beaverton by proceedings recorded as LL County Road no. 2437 (T/J) located in Sections 29 and 32, T1S, R1W, W.M. Washington County, Oregon. EM "A" RESOLUTION RESOLUTIUN NO. Certified A RESOLUTION INITIATING ACTION TO TRANSFER JURISDICTION OF CERTAIN COUNTY ROADS WITHIN THE CITY TO THE CITY UPON SPECIFIED CONDITIONS. WHEREAS, ORS 373.270(6) provides a mechanism to transfer Jurisdiction of County roads within a City to the City; and WHEREAS. the City of Beaverton has determined that the best -a- interests of its citizens may be served by obtaining ,jurisdiction over certain County roads in order to enhance maintenance, to limit inefficiency, and to create better accountability to its citizens; now, therefore, BE IT RESOLVED By THE COUNCIL. OF THE CITY OF BEAVERTON, OREGON AS FOLLOWS: The Council authorizes the Mayor of the City of Beaverton to contact the Washington County governing body and request surrender of the below listed County roads to the City of Beaverton, as shown on the attached map Exhibit NAp 2 1. County Road No. 2501................(S.W. Jenkins Road lying between S.W. ' 158th Avenue and S.W. Murray " Boulevard). All of County Road No. 2501 located in Sections 5 and 8, T1$, R1W, W.M., Washington County Oregon. The transfer is subject to the completion of an inspection of the bridge within the past one.year, and ? the correction of any deficiencies noted in the inspection report. •' 2. County Road No. 273............... . (S.W. Weir Road lying between a point :r 200 feet West of the Center of S.W. 155th Avenue and a point 1460 feet i` East of the center of the S.W. 155th Avenue). All of that portion of County Road No. 273 lying between the West line of Sections 29 and 32, T1S, R1W, W.M. and the Terminus of said County Road No. 273, except that 4 portion of said County Road No. 273 " £ previously transferred to the City of Beaverton by proceedings recorded as County Road No. 2437, (T/J) located in .> Sections 29 and 32, T1S, R1W W.M. Wasnington County, Oregon. aIrr t -RE , RESNo.. �59? w t 3. S.W. Cascade Avenue................ (S.W. Cascade Avenue). All of S.W. Cascade Avenue as maintained by Washington County through agreement with the Oregon Department of Transportation approved by Minute Order 79-1114 dated April 1U, 19/9, in Section 2/, T15, R1W, .W.M. and shown on Exhibit "B', attached hereto, and by this reference incorporated herein. 4. County Road No. 19ul.............. . (S.W. 1518th Avenue lying between Jenkins Road and S.W. Merlo Road; S.W. Merlo Road lying between S.W. 1/Uth' Avenue and S.W. lbbth Avenue). All Of County Road No. 1981 located in Section b, b, / and 1t, T1S, R1W, Washington County, Oregon. The transter to the City can be made now if it will not interfere with the Merlo Project, otherwise, the transfer to the City can be mace after project b. S.W. Denney Road............ completion. From the current terminus of City Jurisdiction east to the current City limit b. S.W. Center Street.......... •••••.. Portion at Center Street not previously transferred in the vicinity /• S.W. Fairfield.........'............ Of 124tn. From S.W. Cedar Hills boulevard east to the City limit. Adopted by the Council this day of Janua=, 1985• ATTEST: APPROVED: XVCY N. ILCDX, City Recorder ((/� UUtRR 0. COLE, Mayor Res-19:C8:rn:34 } RESUIUI 1UN NU. E �'of MMMMPW� WON , a CITY OF TIGARD. OREGON RESOLUTION NO. 85- 51 A RESOLD rION OF rHE TIGARD CITY COUNCIL TO SUPPORT ACQUIRING JURISDICTION OF PORTIONS OF 121ST AND 135TH AVENUES AND GAARDE AND WALNUT STREETS FROM THE JURISDICTION OF WASHINGTON COUNTY WHEREAS, the City of Tigard has appointed a citizen's Transportation Committee for the purpose of advising it on matters of transportation; and WHEREAS, the said Committee recognizes a hazardous traffic safety condition exists along SW Scholls Ferry Road in the vicinity of SW 135th and SW 121st Avenues; and WHEREAS, the Committee realizes its responsibility to meet the goals set forth by the Council; and WHEREAS, the City of Tigard has agreed with the City of Beaverton to assume the responsibility for traffic improvement on SW Scholls Ferry Road at the above named intersections; and WHEREAS, Washington County has indicated an interest in transferring Jurisdiction of certain streets to the City of Tigard. NOW. THEREFORE, BE IT RESOLVED by the Tigard City Council that: i That the City of Tigard begin the. legail•Fteps necessary to obtain jurisdiction of the following streets from Washington C;unty: 1• SW 135th Avenue from SW Scholls Ferry Road to SW Walnut Street 2• SW Walnut Street from SW 135th Avenue to- SW 128th Avenue 3. SW 1213t Avenue from SW Walnut Street to SW Gaarde Street 4. SW Gaarde Street from SW 1213t Avenue to SW 112th Avenue PASSED: This /S'rh day of q „ 1985. v � ty3r - City of Tigard ATTEST: . AJC 4Cfa.✓ eputy City Recorder - City of Tigard (- RESOLUTION N0. 85 51 ' 3006A EXHIM LL . ..• `� s.. <-- "'••'�1 :� �.r e All fsc-oto •�__ �- _- __ .. S�M.�•, ; �' � .rip�•, r� .e i _ ■,_�:, Fill. uanm i �.'—�_� ► TIGA, i a' '1.. r � � t �.•w i _ ,r_,Fri '• +• � � ' �Swv is.ltt��� I .» . » 1 wR rr ; VICINITY MAP yJ,' •°,�.�° Oil \ IPROPOSED TRANSFER .811211118148184 \\ ;alt"+'a" p 5 M v A o L'f E Y T e A C T !2 w ` raw w y sI 7 ;� .: ;. ...w ter....•. j s'• �•r _ w. y y 1 Ir P Uf•Oti• • f• j�' � � /r .•tr�r•. '•'Ye >.r • t , �a•t f :: � i •/f o c.rr..�r a y --T.-.c_.�: w � rn � .r' iw. f StI �• f � � p r r f r � e• •g $Ti M .� •. r• � .AN �I t ':'�fwl b •,. 110 ` 1 �� tr-..Qc.•tiy . A ay `Yt'CO �• ♦of ' a.. • f � � .a r' 1 r •; r '?• `.MG. per' ,rm4t, d' to ` „ r►` r j( wrwe�yy\ i Y rr f y ' V. SW wAtNUT ST `�> tea• '� � .....c: �3�a��.�.i. �.—�, �.. Ilk Lt�A A R1 AAI z Im .s s: t.MM •. H�I.t. tt _II! 1 p AIR It j — ' J.LF VICINITY MAP Ir !: .•.T ���� T R•& MARTILI k I =.i •r Or ow I t-rl--r S II�I� � p• i - A :. '''' y s•. Y_,,:ins= - I �iwr--'-' j_�'ar�;—t-a_1 a. �� \ • .r/L 7y � wi�1.�� J �I •� V�� i4 1 \v' tJ J / W 1PGAARDE is Iv St -�rsrsea�rr tnt r r>L h c is _ C 0 _ QED TRANSFER urrsteurrur f - • E RESOLUTION NO. A RESOLUTION REOQEST-ING TRANSFER OF JURISDICTION OF CERTAIN COUNTY ROADS TO THE CITY OF TUALATIN BE IT R SOLV D BY THE CITY COUNC=:. OF Tr-= CT'"- OF "U"AT : OREGON, that: See-ion 1. In accordance with ORS 373 .270 (1) (B) , the- City -of Tualatin deems it necessary and expedient, and for the best interest of the City to acquire jurisdiction over the following County roads located within the'City of Tualatin: 1. SW Tualatin Road (County Road No. 1063) . From the beginning point of SET Tualatin Road within the richt-of-way of Pacific Highway (99W) easterly and southerly along SW Tualatin Road to the intersection of SW Tualatin Road. and Sri Boones Ferry Road (State Highway 217) . 2. SW Berman Road (County Road No. 489 and 27A) . From the intersection of SW Cipole Road and SW Berman Road northeas:.erly along SW Berman Road to the intersection of SET Berman Road and SW Tualatin Road. 3. - SW Avery Street (no County Road number) . From tae intersection ofl� tRr Tualatin-Sherwood. Road and SW Avery Street easterly along SW Avery Street to the intersection of SW Boones Ferry Road and SET Avery Street. 4. SET 10-5th Avenue (County Road No . 1395) . From the intersection of SGT Paulina Drive and SET 105th Avenue northward. along SW 105th Avenue to the intersection of SW Avery Street and Sw 105th Avenue. S. SW Sagert Street (County Road No. 327) . .From the intersection of SW Martin= Avenue and SET Sagert Street westward along SvT Sagert Street to the intersection of SET Boones Ferry Road and SW Sacert Street. PIP Resolution 'No. '-56-�85 paae 1 of 3 ESH t t 6. 517 Saeert Street (No County Road number) . t From the intersection of SW Boones Ferry Road and Sri Sacert Street westerly along 5-4 Sagert Street approximately 1900 feet to the present termines of said roac. 7. SW 103rd Avenue (County Road No. 1071) . From the intersection of SW Tualatin Road and SW 103rd Avenue north along SW 103rd Avenue approximately 300 feet to the current City of Tualatin city limits. B. SW Haaelfern Road (County Road No. 1114) . From the intersection o: SW Bridgeport Road and SW Hate fern Road southwesterly along SW Hazel-ern Roa& to the intersection of SW Hazelfern Road and Sal Lower Boones Ferry Road. 9. SW McSwan Road (County Road No. 1114) . From the intersection of SW 65th Avenue and SW McSwan Road southwesterly and southeasterly along Sal McSwan Road to the intersection of the Southern Pacific Railroad tracks and Safi McSwan Road. 10. SW 124th Avenue (County Road No. 489) . .of "SW-.-i24th_Avenue and_ SW-_Herma-a Road- ---- - southerly along said 124th Avenue to the intersection of Sal Tualatin-Sherwood Road and Sal 124th Avenue. 11. unnamed County Road right-of-way (No County Road number) . From the intersection of SW Herman Road a,-id Ss? 124`h Avenue (County Road No. 489) northward approximately 1.430 feet along said unnamed county road :fight-044-way. 12. Unnamed county road right-of-way (No County Road number) . Commencing at a point on SW Cipole Road (County Road No. 505) at a point approximately 660 feet south of the intersection of Sr1 pacific Highway and SW Ci-Dole Road, thence extending easterly approximately 900 feet along said unnamed county road right-of-way. Resolution No. '-5e'B-E5 _ Page 2 of 3 � ' elk" 13. SW Nyberg Road (County Road No. 1153) . From the intersection of Interstate 5 and SST Nyberg Road ad to the terminus o. County Road easterly along SW Nyberg Ro No. 1'_53. 14. Srr 65th Avenue (County Road No. 591} . prom the intersection of SW 55th Avenue and Interstate 205 northward along SW 65th Avenue to the terminus of County Road No. 591 located at. the intersection of SW Nyberg Street and sW 65th Avenue. Section 2. In accordance with ORS 373 .270 , the City of ansfer o+ jurisdiction be made 'as ' Tualatin rea_uests that this tr soon as possible, and that the transfer of jurisdiction be total and wholly encompassing with no limitations as to the City' acceptance of jurisdiction. INTRODUCED AND ADOPTED this 10th day of June, 1985. C='r^:. OFA UALATIN, OREGON Mayor A_ `S'T: BY City Recorder -Re o _15 � page 3 of 3 �r . u Auoust 10, 1935 To: Jerry Parmenter, Engineering/Surveying Manager From: Chuck Pearson, County Surveyor f' 7 Subject: JURISDICTION OF COUNTY ROADS IN CITIES Pursuant to the memo directing this division to provide a list of county roads within cities and the necessary steps to transfer juristiction of county roads to cities, I am listing the proceedure necessary to effect transfer. I had previously provided a list of all county roads within city limits. Should this memo not provide all required information relative to the transfer of jurisdiction, please advise. The surrender of jurisdicition of a county road to a city is governed by ORS 373.270. There are basically three different scenarios that can be utilized. 1. INITIATION BY THE COUNTY - The county can, by its own action, initiate the transfer of jurisdiction of a county road to a city. The necessary steps are: A. The declaration of the county's intention and the setting of a public hearing, usually by Resolution and Order. B. The posting of notice of the public hearing, 30 days prior to the hearing, in at least "three public places, one of which shall be wittrin-the-limits- if-the city" -or the-publishing of-"the notice once a week for four successive weeks in some newspaper of general circulation in the county." C. At the public hearing, the county shall hear the matter and consider any objections or testimony on the matter and if the county finds that the transfer is "necessary, expediant or for the best interests of the county", the county may "make an order to that effect and offer to the city to surrender jurisdiction over the county road or portion thereof, and may limit the time for the acceptance of the offer". D. Once the transfer is offered to the city, the city must adopt "appropiate municipal legislation" to accept the transfer. E. Upon the acceptance of the county's offer by the city, the county approves that act by a final Resolution and Order ordering that the official records of the county be changed to reflect the transfer. TRANSFER Page 2 II. INITIATION BY THE CITY WITHOUT "APPROPRIATE MUNICIPAL LEGISLATION"- If the city requests the county to "initiate" action to transfer jursidiction, even if by a resolution, the steps addressed above in paragraph "I" must be followed. III. INITIATION BY THE CITY UPON THE PASSAGE OF "APPRIOPRIATE MUNICIPAL LEGISLATION" - If the city passes "appropriate municipal legislation" in which the city makes the specific request of the county to transfer jurisdictton to the city, the process is much shorter. Steps 10" and "E" of paragraph "I" can be eliminated from the process and the county can °'surrender jurisdiction of the county road without further action by the city if the county governing body adopts an order surrending the county road that meets the limitations established by the city in its legislation." Obviously the latter process is by far the best, but often the city prepares its resolutions before discussing the issue with staff and the peculiarities of the matter require that the city go through an acceptance of the county's offer if that offer doesn't meet the letter of the city legislation originally requesting the transfer. Examples are these are the City of Beaverton Resolution in which they asked for transfer of jurisdiction of streets that are impractical due to size, location, etc. to transfer at this time. Also, the City of Tigard has asked for streets that are not within the current city limits and, as a result, cannot legally be transfered. In both of these cases, the city will have to adopt "appropriate municipal legislation" accepting the county offer and the county will have to make a "final" order in the matter. aj. i.�. Yo Ilk ------------------- ve mc* l ~CC ss' � I t Y` ,y YtJNAMED �••'�\•/ . 111 L'�•��+� 11.24 T14 • .a s•.e••e •QD�►fl w�.:� pi Li � �� �- fl�t �1wy_.�-moi -•�'�w�.Ji `� \ �. ..l r`.�-ter••--� 10 N-1 ji •`. ` '-".�... -, _ � '� � 'u\w - Z �`,f •� -Tom"-.-.-_"T.-. r - . ._ �.� .rte. \\\\ T •.i kZ �' 3r•w S�_ i d •2 Q i•Z Is sit srs /OrTN It •G ""'_�- w ry._ I '•. y,`�\� `,,,t^}���. fir, �en � ••.�—�/ _ .l ..'� L`_, Nj f"rQI , -—- .><—,�v� ..��.►...ddd'��..__...... V 5t( Zt.'•-1—N(a-a w i- + i� N; � i— i '`�-•-... :� r+7 .ww f. .C/'� J .�% i•' .►•` DO1i w \�I �t�g l :.r'.0 .- >>►�1 ...a ... .. _�4EK �2:, �•-'�/j.- 1\ X il Ll ri ���� lei�b •_" = � .-.+e � � VIP ``\\ // \./ • �3 :ter�• 1. ._ hl (�•~�. —___ � August 10, 1985 To: Jerry Parmenter, Engineering/Surveying Manager �?From: Chuck Pearson, County Surveyor Z Subject: JURISDICTION OF COUNTY ROADS IN CITIES Pursuant to the memo directing this division to provide a list of county roads within cities and the necessary steps to transfer juristiction of county roads to cities, I am listing the proceedure necessary to effect transfer. I had previously provided a list of all county roads within city limits. Should this memo not provide all required information relative to the transfer of jurisdiction, please advise. The surrender of jurisdicition of a county road to a city is governed by ORS 373.270. There are basically three different scenarios that can be utilized. I. INITIATION BY THE COUNTY - The county can, by its own action, initiate the transfer of jurisdiction of a county road to a city. The necessary steps are: A. The declaration of the ccunty's intention and the setting of a public hearing, usually by Resolution and Order. B. The posting of notice of the public hearing, 30 days prior "o the hearing, in at least "three public places, one of which sha. be ___wfithin the limits if the -city" or the- publ#string-of-"-the notice once a week for four successive weeks in some newspaper of general circulation in the county." C. At the public hearing, the county shall hear the matter and consider any objections or testimony on the matter and i€ the county finds that the transfer is necessary, expediant or for the best interests of the county", the county may "make an order to that effect and offer to the city to surrender jurisdiction over the county road or portion thereof, and may limit the time for the acceptance of the offer". D. Once the transfer is offered to the city, the city must adopt "appropiate municipal legislation" to accept the transfer. E. Upon the acceptance of the county's offer by the city, the county approves that act by a final Resolution and Order ordering that the official records of the county be changed to reflect the transfer. f, TRANSFER Page 2 IL. INITIATION BY THE CITY 6JITHOUT "APPROPRIATE MUNICIPAL LEGISLATIO!!"- If the city requests the county to "initiate" action to transfer jursidiction, even if by a resolution, the steps addressed above in paragraph "I" must be followed. III. INITIATION BY THE CITY UPON THE PASSAGE OF "APPRIOPRIATE MUNICIPAL LEGISLATION" - If the city passes "appropriate municipal legislation" in which the city makes the specific request of the county to transfer jurisdiciton to the city, the process is much shorter. Steps "0" and paragraph "I" can be eliminated from the process and the county can "surrender jurisdiction of the county road without further action by the city if the county governing body adopts an order surrending the county road that meets the limitations ---established by the city in its legislation." Obviously the latter process is by far the best, but often the city prepares its resolutions before discussing the issue with staff and the peculiarities of the matter require that the city go through an acceptance of the county's offer if that offer doesn't meet the letter of the city legislation originally requesting the transfer. Examples are these are the City of Beaverton Resolution in which they asked for transfer of jurisdiction of streets that are impractical due to size, location, etc. to transfer at this time. Also, the City of Tigard has asked for streets that are not within the current city limits and, as a result, cannot legally be transfered. In both of these cases, the city will have to adopt "appropriate municipal legislation" accepting the county offer and the county will have to make a "final" order in the matter. ROADS AND HIGHWAYS THROUGH CITIES 373.270 POWERS OF CITIES 373.250 Use of city road fund. The 'T RELATING TO ROADS AND road fund mentioned in ORS 373.240: HIGHWAYS (1) Shall be used by the city for the construc- 373.210 Improvement of through tion and repair of county roads and streets there- highways by certain cities. Any city having in. a population of less than 100,000 may provide (2) May be used for the construction and for the improvement of any roads or streets repair of roads without a city having a poPuli- within the limits of the city at the partial ex- tion of less than 100,000 which lead directly to it. pense of the general fund of the city in the man- ner provided in ORS 373.220 and 3173.230, (3) In carrying out such objects,may be used where: jointly with the county in which the city is locat- ed as provided in ORS 373.260. (1) Such roads or streets are parts of any 373.250 Agreements between counties general system of state or county roads or high- and cities as to acquisition of rights of ways;or way and road improvement. (1) The county (2) Such rc:Ad; nr streets directly connect court or the board of county commissioners of with state or cou::L., :cads or highways; ' • any county and the authorities of any city within •• (3) Such roads or streets afford an outlet the county may enter into an agreement for the from the limits of the city to,adjoining state or construction,,improvement or repair of,.and the county roads or highways;or _ acquisition of right of way for. �- (4) Such road: or streets provide the most (a) Any county road or city street within the accessible or generally traveled route from within corporate limits of the city. the city to beyond the'.mita of the city. (b) Any road without such city, if it has a population of less than 100,000, but leading 373.220 Procedure to authorize directly to it. _ improvement. Whenever, by majority vote of (2) the agreements the parties shall agree the legislative authorities iv a city mentioned le upon the proportion which each shall contribute ORS 373210 d m initiative vote by the peouct toward such acquisition, construction, improve- thereof, it c deemed advisable to construct a ment or repair and upon the method and kind of improve such designated roads or streets at the partial expense of the general fund of the wunic- acquisition,construction,improvement or repair ipality, the governing body shall so declare by to be made. bended by 1955 r-M S11 __ordinance,stating what portion of the.�cost shall be Paid out of the general fund of the municipal'- ties. (1) Juris- ty and what portion shall be paid by assessme diction over a county road within a city may be against property in the manner provided by transferred under this section whenever. charter or ordinance provisions of the city, un- less the amount or proportion has been fixed by (a) The county governing'body deems it the initiative measure.: necessary, expedient or for the best interest of the county to surrender jurisdiction over any 373.230 Charter or ordinance provi- county mad or portion thereof within the corpo- •ions governing improvement. Except as to rate limits of any city,and the provision that a portion of the cost of the �) The governing body of the city deems it improvement mentioned in ORS a city, all of er necessary or expedient and for the best interests paid out of the general fund of the city,all other charter or ordinance provisions govern in the of the city to acquire jurisdiction over the county matter of the construction and improvement of road or part thereof to the same extent as it has such roads and streets. over other public streets and alleys of the city. (2) To initiate a proceeding for the transfer 373.240 General road fund of city. o The general road fund of any city shall consist of f jurisdiction under this section, the county governing body, upon its oven motion or upon the road money set apart for the city as a road the request of the city by its governing body, district or otherwise,under the laws of the state, shall give notice by: out of the road tax levied by the county, which the county treasurer shall pay to the city, and (a) Posting in three public places in the any other money placed in the road fund of the county,one of which shall be within the limite of city by the orders of the city governing body. the city;or ses EM 873.280 HIGHWAYS. ROADS BRIDGES AND FERRIES (b) Publishing the notice once a week for (b) The full and absolute jurisdicton over iruction, .our successive weeks in some newspaper of the road for all Purposes of pair,onso and collection of general circulation in the county. improvement and the levyin, assessments therefor shall vest in the city,and (3) Notice under this section shall give the (c) The city shall have the same jurisdiction time and place of hearing and a succinct state- ment of the proposed action requested and des. over the road or portion thereof as by its charter cribing the road or portion thereof proposed to and the laws of the state are given or granted it be surrendered by the county to the city with over any of the public streets and alleys of such convenient certainty. city. (4) At the time and place mentioned in the ) This c applicable to all county notice under this section or at such adjournment as it may fix, the county governing body shall roadswhetheracquired by the county or the hear the matter, consider any objections or public by condemnation, defective condemna- testimony offered by any person interested and tion and user, user or prescription or in any determine whether it is necessary,expedient or manner provided by w azthe publin ic.t e ease- for the best interests of the county to surrender ment for road purposes dea jurisdiction over the county road or portion by issa e.153 5731 thereof to the city. 373.280 Assessments made by city (5)If a county governing body determines to under belief county road was city street• surrender jttgisdiction under this section and No assessment evade by any city for the im- initiates action under this section. provement of any county road or portion thereof (a) The county governing body shall make under the bona fide belief of its governing body an order to that effect and offer to the city to that it was a public street of the city is invalid surrender jurisdiction over the county road or where the property owner has permitted the city portion thereof, and may limit the time for the to make the improvement or where the county acceptance of the offer,and . has surrendered jurisdiction to the city within •(b)The city by appropriate municipal legis- the time when the assessment is ocberwise col- lation may within the time specified accept the lectible by law,if within the time the assessment county order and offer to surrender jurisdictionwould be otherwise collectible the city acquirers under this section. . full jurisdiction over the county road or portion (6) If a city governing body determines to thereof as Provided in ORS 373.270. -_ _) tiate_actian under this section for the surren. 373.290 Amity given control of soun- der of jurisdiction_by a county_over-& county ty roads and highways declared streets. Toad. The incorporated city of Amity, in Yamhill (a)The city governing body may initiate the County, has exclusive control and jurisdiction action by passage of appropriate municipal over all county mads and highways within its legislation that requests surrender and that may corporate boundaries. Such county roans and set any time or other limitations upon accep- highways are streets, subject to all the burdens tance by the city of the surrender,and and etudes thereof. The control of such (b) The county governing body may surren- county roads and highways is excepted out of the der jurisdiction of the county road without fur- jurisdiction of the County Court of Yemhill ther action by the city if the county governing County. ; body adopts an order su-rendering the county road that meets the limitations established by 373„300 Monmouth given control of = the city in its legislation. certain highways declared streets.The city =unci. of Monmouth, in Polk County, has full and (7) When a city adopts appropriate pal legislation accepting a county governing exclusive jurisdiction,power and control over all body's order under subsection (5) of this section that part of the highway known as Monmouth or when a county governing body adopts an Avenue from its intersection with Main Street order meeting city la&l&tion under subsection north to the northeast corner of University Out (6)of this section: Lot B located within the corporate limits of the (a) The jurisdiction of the county over the city. Such highway is a street,subject to all the county road or portion thereof as a county road, burdens and servitudes thereof. The control of such highway is excepted out of the jurisdiction or for its improvement, construction or repair of the County Court of Polk County. shall cease; 370 i i CITY OF TIGARD MAP C.R. N0. HALF ST. FULL ST. CODE NAME - LOCAL ACCESS ROADS 1955 530 4. SW Ann St. 150 5, SW 116th Ave. 1955 6. SW Fonner St. 495 11150 100 7, SW 67th Ave. 1601 550900 1,420 10. SW Naeve St. 900, 1415 1,550 11. SW 109th Ave. 7x7, 857 3,980 13. SW Sattler St. 865 2,250 14. SW 100th Ave. 1294 950 15. SW Ross St. 1290 1,620 16, SW 81st Ave. - 1042, A138 3,650 17.---SW -74th-Ave.- _ 480 18, SW Fanno Creek A-138 19. SW Pfaffle St. 975 220 270 20. SW 95th Ave. 1018 290 3,560 22. Sri 66th Ave. O.S.H.D. 1,070 23. SW 67th Ave. 245, 1092, 3,180 24. SW 72nd Ave. A-138, 472 25. SW Hermoso Way 1922 1,000 26. SW Beveland St. 1922 980 27. SW 69th Ave. 1524", 1544 3,150 1522 900 28. SW Baylor St. 2042 250 29. SW 71st Ave. 1522 320 30. SW Clinton St. 3,950 31. SW 79th Ave. 933 32. SW Franklin St. 1602 810 . .1600 550 ' - _.-_-33:-----SW--68th-Ave- - 1366 - 1900 36. SW 108th Ave. 1364 ib 37. SW 113th Ave. 2,590 G SUBTOTAL COLLECTORS 1. SW 121st Ave. 411 550 650 S. SW Bull Mt. Rd. 147 1/2,A-147 2,580 1.050 9. SW Beef Bend Rd. A-148 400 1,450 21. SW Tiedeman Ave. 2439 4.400 35. SW 135th Ave. 934 3,530 7,550 SUBTOTAL ARTERIALS 411, 358 11800 2. SW Gaarde St. A-55,494,934 2,950 610 3. SW Walnut St. 429 540 5,750 12. SW Durham Rd. 700 34. SW Upper Boones Fry Rd. A-138 5,290 7,OGO SUBTOTAL TOTAL - - Lir feet 112416 51Q�70 13 - - -- Mileage ter. CITY OF BEAVERTON r MAP CODE NAME C.R. N0. HALF ST. FULL ST. LOCAL ACCESS ROADS 3. SW 99th Ave. 1163 150 4. SW 110th Ave. 1396 150 *5. SW Fairfield St. 1754 130 *7. SW Center St. 597 500 100 8. SW 103rd Ave. 1313 150 9. SW Kennedy St. 2169, 1795 140 11. SW Poplar Lane 2023 � ,380 SUBTOTAL COLLECTORS 10.Old Scholls Ferry Rd. 2156 2,500 12. SW-Laurelwood Ave. 450 500 *14. SW Denney Rd. 326 420 15. SW Nora Rd. 1222 1,770 16. SW Beard Rd. 1073 25 17. SW 155th Ave. 866 1,990 *18. SW Weir Rd. 273 - 1,680 SUBTOTAL 779-6-9 ARTERIALS * . SW enkins Rd. 887 3,800 2. SW Murray Rd. 2065, 1978 2.111,228, 2018 20,400 6. SW Walker Rd. 2112 60 13. Old Scholls Ferry Rd. 348 50 350 19. SW 170th Ave. 1133, 675,2444 4,150 *20. SW Merlo Rd. 1981 - 3,500 — - _ - - —600 21 __.S:W: Scholls-Ferry Rd. Z173(60�- SUBTOTAL 110 3 ,$07 Total Lin. Ft. 1,820 47,145 Mileage 0.34 7.85 *City of Beaverton has requested jurisdiction of all or portions of these roads. G CITY OF NORTH PLAINS MAI' CODE NAME C.R. NO. HALF ST. FULL ST. LOCAL ACCESS ROADS Y Gordon Road CR A-1 &1017 2,350' 2. North Avenue CR A-10 4,400' 700' 3. Main Street CR 701 1,400' 4. 5. 4th Street CR 1407 650' 6. Wasco Avenue CR 1407 450' 7. 3rd Street CR 1407 1,650' 8. Pacific Avenue 147' A 1542 2,300' 9. Hillcrest Avenue 148' & 1512 2,400' 10. S.E. Weight Road CR 1472 750' _ --_11.--_Hyland.-Court- , 1472 & 1.730 11650' 12. 5th Street CR 702 1,850' 13. 4th Street CR 1730 700' 14. 1st Street (Glencoe Rd) 1213 & 2495 11100' 3,400 15. West Union Road A-10,A-145, 150' 1,030 2496 16. i!ain Street, Cottage Ave. CR 1656 1,530' Total Lin Ft. TM 'tea Mileage 1.52 3.88 NOTE: City of North Plains not on functional classification map. � t CITY OF FOREST GROVE MAP CODE NAME C.R. N0. HALF ST. FULL ST. LOCAL ACCESS ROADS 1. David Hill Rd. 205 105 2. Watercrest rd. 2002 2,180 3. Thatcher Rd. A-121,A-122 & A-123 1,500 4 5. Gales Creek Rd. 1051 7,510 6. Geoff Rd. 1141 900 7. Pacific Ave. 335 2,200 8. Douglas St. 955 950 9. Elm St. A-30 850 10. Nineth Ave. 405 11800 11. Fern Hill Rd. 1205 3,800 --11__-------- _....- _ .9 -200 12. Geigen Rd. _ 398 13. Mountain View Lane 71 5,250 14. Quince St. A-64 500 15. Martin Rd. A-64 400 16. Hawthorne St. 601 1,000 17. 26th St. 601 325 1,070 18. Popular Lane 805 Total Lin. Ft. 43G 34,310 Mileage .08 6.50 CITY OF CORNELIUS MAP CODE NAME C.R. NO. HALF ST. FULL ST. T- e'�1 Lb- Road 120r� 420 2. South 1st Ave. 553 590 3.1.. 11 N 345th Ave. 528 200 Total Lin. Ft. na Mileage 0.23 NOTE; Cities of Forest Grove and Cornelius not on functional classification map. Pa ae 5 CITY OF LAKE OSWEGO MAP C.R. NO. HALF ST. FULL ST. CODE NAME LOCAL ACCESS ROADS 1114 550 4, SW McEwan Rd. CITY OF KING CITY MAP C.R. N0. HALF ST. FULL ST. CODE NAME 3,600 80. SW Beef Bend Rd. 1-148 81 SW Fischer Rd. Lin. TIM1.950 Total Lin. Feet Mileage 1.05 CITY OF DURHAM MAP C.R. NO. HALF 5T. FULL 5T_. CODE NAME LOCAL ACCESS ROADS 320 82. W Bridgeport Rd. 1387 700 30083. Ski Lower Boones Fry Kd. No Road Total __ _ Lin.' Feet 7$� _. 0.13 0.12 _ Mileage �. _ CITY OF GASTON MAP C.R. NO. HALE FULL ST. CODE NAME , 1. hurch St. & "The Trail" 3 2 1,200 2. South Road 1,000 3. Main St.-East of Hwy.47 A-143 230 Lin 4. Mill St. . 1 Feet Total Lin. 0.76 Mileago NOTE: City of Gaston not on functional map. a. CITY OF PORTLAND MAP �. CODE NAME C.R. NO. HALF ST. FULL ST. LOCAL ACCESS ROADS 3. S.W. 74th Aven�se CR 981 350' 150' 4. S.W. 71st Avenue CR 788 80' 175' 5. S.W. Mutlnomah Blvd. CR 1761 350' 1,050' 6. S.W. 68th Avenue CR 1121 225' 7. S.W. Canby Street CR 856 300' 9. S.W. Florence Lane CR 1494 60' SUBTOTAL 1,35 1.375 COLLECTORS $. S.W. Vermont Strtiet CR 380 30' 470' SUBTOTAL ARTERIALS 1.S.W. Garden Home Road 160 & 689 1,600' 1,350' 2. S.W. Oleson Road CR 2056 1,350 500' SUBTOTAL 2.10 Total Lin. Ft. 4,345' 3,695' Mileage 0.80 0.70 CITY OF SHERWOOD MAP . CODE NAME C.R. HALF ST. FULL ST. LOCAL ACCESS ROADS . Melnec a Roaif CR 449 50' SUBTOTAL ' COLLECTORS 1. S.W. Edy Road CR 1070 1,410' 3,270' 2. S.W. Tualatin/Sherwood CR 492 5,450' 3. S.W. Scholls/Sherwood CR 1324 1,600' 500' 5. S.W. Edy Road 1459 & 1070 1,550' 2,100' 6. N.E. Oregon Street 2257 & 954 600' 9. W. Sunset Blvd. CR 311, 441 1,320' 1,570' 10. S.W. Sherwood- Blvd. (No. 750' 11. S.W. Wilsonville Road CR 341 700' 12. S.W. Cipole Road CR 505 2,100' SUBTOTAL 14.986' M4 Total Lin. Ft. 15,030 8,040 Mileage 2.85 1.52 ` AV Page 7 lion III TOTAL COUNTY ROAD MILEAGE IN CITIES s LOCAL ACCESS ROADS HALF ST. FULL ST. r Tualatin 2.270 15,140 r Tigard 2,590 38,860 Hillsboro _ 850 11,120 Beaverton 790 6,380 Forest Grove* 430 31,210 Cornelius* 0 North Plains* 8,00 20,460 Portland 1,365 1,375 Sherwood 50 0 Lake Oswego 0• 550 King City 700 620 0 Durham 4,010 Gaston* 0 0 0 RiverGroveSUBTOTAL 1 ,045 -f34,035 3.23 miles 25.39 miles COLLECTORS HALF ST. FULL ST. ua at:n 51520 30,200 Tigard 3,530 7,550 Hillsboro 5,730 10,975 Beaverton 920 7,965 Forest Grove* 0 0 Cornelius* 0 0 North Plains* 0 0 Portland 30 470 Sherwood 14,9800 6 ,0400 Lake Oswego 0 King City 5,550 Gaston* 0. 0 River Grove 0 0 SUBTOTAL 36 2TO ,200 6.87 miles '12.35 miles ARTERIALS HALF ST. FULL ST. Tualatin 3,750 15,550 Tigard 5,290 7,060 Hillsboro 660 29,975 Beaverton . 110 32,800 Forest Grove* ""' 0 0 Cornelius* 0 0 North Plains* 0 0 - Portland 2,950 1,650 Sherwood 0 0 Lake Oswego 0 0 King City 0 0 Durham 0 0 Gaston* 0 0 River Grove 0 _ SUBTOTAL —177M ,,rr- 2.42 miles 16.52 miles i_ TOTAL 66,065 286,470 12.51 miles 54.26 miles * Roads within cities not on the functional classification Y map are included in the Local Access Road totals. _4,. page 9 _ CITY OF TIGARD OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 30loom -.�__ AGENDA ITEM #: Cj< DATE SUBMITTED: September 25 1985, PREVIOUS ACTION: Acceptance of Street ISSUE/AGENDA TITLE: S S 3 Builders Dedication Compliance Aareement 6 Bond Street SQC Refund PREPARED BY: _Rendu Clarno-�— REQUESTED BY: S & J Builders DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE — Chapter 3.20 of the Tigard Municipal Code. 4 INFORMATION SUMMARY S & 3 Builders, developers of the Meadow Creek Apartments just south of the street SDC refund eTown Center and east sof SW North Dakota Street, are requesting a trfor the extra capacity construction of SW North Dakota Street, All improvements are not yet complete.P however, the project is bonded and ready to go it's maintenance See attached documentation period. A Partial refund is recommended. prnvided to the Director of Community Development. ALTERNATIVE'S CONSIDERED SUGGESTED ACTION —� It is herewith recommended that the City Council authorize a $18,626.10 to S S J Builders Ltd., said amount bei Partial refund of under Chapter 3.20 of the Tigard Municipal Code. qualified and creditable (1908P) �r x. 1 MEMORANDUM CITY OF TIGARD, OREGON TO: William A. Monahan, Director, Community Development September 18, 1985 FROM: Randy Clarno, Manager, Engineering Services SUBJECT: S & J guilders Meadow Creek - S.W. North Dakota) S.D.0 Rebate We have received a request from S & J Builders, Ltd. , to return to them the cost of extra capacity-construction associated with S.W. North Dakota Street. The attached Exhibit "A" details this cost. We have reviewed these figures and agree with them. However, they are requesting a rebate on an item that is not complete; namely the final asphalt overlay (Line 8 minus Line 7 - $9,421.00). To remain consistent with the current policy, I am recommending that we return to S & J Builders, Ltd. $18,626.10 for extra capacity construction that is complete. I am also recommending that we have Council approve the total rebate amount of $28,047.10 and release the remaining $9,421.00 upon completion of the work. (RSC:br/1867P) yw._ r - . �Xt-��t3tT ,� . • INCREMENTAL COST'aOR CONSTRUCTING AN EJMRA CAPACZT'Y -STREETS` Developers Construction Local Major- Difference Unit Extra Item Street Collect,oa� Price Capacity Qty Qty Cost ! Excavation 544 cy 3893 cy 1349 cy 3.40 4,586.60 7_ Matting Material 3 Rock: 3/4"-6 212 cy 389 cy 177 cy 13.25 20,345,25 V-07 --. 848 cy "" 1557' cy- `' 709 -cy' 12.28,685.25 f 5 Other �o Paving: sat Lift 458 to 560 ton 102 ton 29.50 3,009.00 '? 2nd Liftl" 229 ton 31.00 =-7,099.00 2nd 9rd LIMP , Curbing 560 ton 29.50 .__ 16,520.00 . _ 10 Sidewalk , ,` �'• t it storm sewer IZ Catch Basins l3 Sanitary Sewer ��- Water Lines (Main) 1•�j Underground Wiring 1 �e St'reeft Lighting tj f , ;: CITY OF TIGARD, OREGON ( COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 30, 1985 AGENDA ITEM ##: 1 l f DATE SUBMITTED: September 25, 1985 PREVIOUS ACTION: Acceptance of Street___ ISSUE/AGENDA TITLE: Westwood Corp. Dedication Compliance Agreement 6 Bond Street S.D.C. Refund PREPARED BY: Randy Clarno REQUESTED BY: Westwood Corporation DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE Chapter 3.20 of the Tigard Municipal Code. INFORMATION SUMMARY Westwood Corporation, the developer of Pacific Crossroads Plaza at the corner of SW 78th Avenue and Pacific Hwy is requesting an SDC refund for the extra capacity construction of SW 78th Avenue and Pacific Hwy. See attached documentation provided to the Director of Community Development. ALTERNATIVES CONSIDERED SUGGESTED ACTION It is herewith recommended that the City Council authorize refund of $5,520.05 to Westwood Corporation. Said amount being qualified and creditable under Chapter 3.20 of the Tigard Municipal Code. (1908P) MEMORANDUM CITY OF TIGARD, OREGON TO: William Monahan September 11, 1985 Director of Community Development FROM: Randy Clarno, Engineering Services Manager V41" SUBJECT: S.D.C. Rebate request by Westwood Corporation on SW 78th and Pacific Highway (Crossroads Commercial Development). Westwood Corporation is requesting a street S.D,C. rebate for cost they incurred in the extra capacity construction of SW 78th Avenue and Pacific Highway. They are eligible for a rebate on both of these streets. I have computed the total rebate amount at $9047.05 (See figures below) based on the City Fngineer's unit estimates. However on December 6, 1982 the previous developer of this project, Lasal Land Co. of the Northwest, received a rebate of $3427.00 for work which had been completed (See attached documentation.) The balance which Westwood Corporation should receive is $5,620.05. . Explanation of computations: 1. SW 78th Avenue (see attached chart on Per foot construction cost) Major Collector Street cost = $192.84 per foot Local Street cost = 168.23 per foot difference $ 24.51 per foot 280 L.F. x $24.61 = $6890.80 2. SW Pacific Hwy. (sidewalks only) Local Street = 5' wide Arterial Street = 8' wide 3' lifference 575 L.F. x 3 x $1.25 = $2155.25 Eligible Rebate amount = 9047.05 Amount paid to Lasal Land $3427.00 Westwood Rebate = 5520.05 (RC:pm/1836P) ,F ro ro p y L b Cdi L 3 O 3 O N a E N y OO to � E H � N O N A Q A 1L! N ^ d O u ! b O O OI J d •F- F- c A N N �l1 ( O N O O r.l J� M-N to .r O N A OI p W m O m m Wi m.+ N m m N N fJ N (.) Pp7.n •+ J ed V c a 4- N > ' EL < N ^+ O O O O „•� 7 t!3 o¢ OC K emn a a I -t p� F Ii 1- A Q H .m-+ N m N N O� •G N co S7 W d O H ig N Q v N a.•• p m -a J^ W z m m Vim+ N m ~ tprf N w Q 8+ c� k y� 0:v r J O � ol 1 L S .9 � v N .+ O O O Q .r ,•+ .. .+ of V d � W O H ` O 0 J a 'nko d O A O� A ( .moi O O N �� N J. 6 N A N N O r N �O y M i8 8 4 O W ^ It; a F F-W to W NLi W O U FO / F H N l•- W ( T T T O J m O O Q N cr L 1 i r L „ g` n a ro t .+ .•o J C E o a cd. M m N d .G O Km c] U U 1S4 �tl O `D W o �' � ¢ ¢ ¢ in L v 4 N ro d 7 •�Opp v C = n V C7 U U rY-t d N Y .•+ W ro QQLt1 �3y 3 0 ro u Y U •^ N » K as 0 L 0 "'� .�+ O tin ffi .4 p U U C) CO x 5 _ _ _ .OV i. .m+- 7 i W U N m v N .+ N < co N W n• U z U H .+ N m Q Kf b A CD rn O .�+, r C4 4 w M # PURCHAS ...HECK REKEST ,lj VENDOR f��s,.f ( O/ /Y�4f! ADDRESS ` C17YOFTIOARD DATE REQUESTED BY UNIT/DEPT. PURCHASE REQUEST CHECK REQUEST PREPARE PURCHASE ORDER CHECK TO BE MAILED Cts 6�v oyt 4-S 7 SEND CONFIRMING P.O. NOTIFY REQUESTER WHEN CHECK IS READY SPECIAL INSTRUCTIONS CHECK NEEDED BY ACCOUNT NUMBER QUANTITY INVOICE NO. & DESCRIPTION TOTAL PRICE T2s=mo®cvc� -3cC d of, .4.1 .On/ s TOTAL REQUESTED APPROPRIATION BALANCE $ IV Amount / Initials APPROVALS: SECTION MANAGER (Less than $100) DEPARTMENT HEAD CITY ADMINISTRATOR'S APPROVAL ' ----------------------------- ACCOUNTING PURPOSES ONLY ------------------------------ Amount Paid C� Signatures Checked P.O. No. Check Number Fin. Director i Date Paid (lot MEMORANDUM TO: City Council FROM: Director of Public Works ` SUBJECT: S.D.C. Refund - Floberg DATE: December 2, 1982 It is herewith recommended that the City Council authorize refund of $3,427.00 to Lasal Land Company of the Northwest; said amount being qualified and creditable under Cahpter 3.20 of the Tigard Municipal Code. r r. . November. 4 , 1982 Mr. John flagman City of Tigard 12755 SW Ash P. O. Box 23397 Tigard, OR 97223 RE: System Development Charge Rebate Pacific Highway & SW 78th Street Development Dear John: Pursuant to our telephone conversation of this date and in accordance with a letter dated July 17, 1982 re- garding a rebate on the system development charge, spe- cifically portions that have been advanced by the land owner, I would request that said credit to date, which to my understanding is $3, 4270 be paid to Lasal Land Company of the Northwest. Please have said check mailed in care of Wild Flober4 Preece & Flabera 2300 SW First Avenue Suite 220, Portland, OR 97201. Based on our telephone conversation, I assume I have answered your questions and a check from the city will be forthcoming. If other information is required, please let me know. Thank you for your help. Very truly yours, LASAL LAND COMPANY OFi T11G NORTiIWRST Wil 3 i:am C. Flobecg WCF/am a _ e T0: City of Tigard DAT1' : ,July 19, 19112 RL : Application for 5ystcm; Chdrge turd►; Commercial Service Center 78th Street A 99 W This application is based upon costs associated with the construction of 78th Street between Pfaffle and 99 W to collector standards and for oversizing of 105 linear feet of sidewalk along 99 W. The elements comprising this application consist of: Street - extra base rock costs - extra paving costs - extra labor and equipment costs Sidewalk - extra concrete costs extra labor costs (finishing). The areas considered oversized are: 203 lineal feet of 78th Street X 10 feet wide; and 105 lineal feet of sidewald adjacent to 99 W (Note: Total length of oversize sidewalk along 99 W is considerably greater; however, this application covers work done under contract by R. A. Gray & Co. only. ) Total oversized costs for which this application is submitted equal ( 6' "'^ ^"-and have been computed as follows: 30 Street • Base Rock - 2830 sq.ft. x 12" 1)27 = 104.81 cu. yds. 104.81 cu. yds. X $5.75/cu. yd. = S 603 Labor b Equip. estimated to eqml rock costs = 600 Paving Costs - 2830 sq. ft. x .71/sq. ft. = $2,009 Total Street Credit = S3,212 Sidewalk Concrete - 105 linear feet X 3 feet wide = 315 sq.ft. 315 sq.ft. X .3331 104 cu. ft. - 27 = 3.83 cu.yds. 3.83 cu. yds. X $35.46/cu. yd. = $136 Finishing - 315 sq. ft. X 4) 79 ft. 79 Total Sidewalk Credit _ $215 Grandal : 53,212 Street + 215 Sidewalk 53,427 pity of Tigard Ie 2 July 19, 1982 Supporting Documentation: 1) Cobb Rock Sample Invoice for Rock * 2) Subcontract with Baker Rock for Paving 3) - Ross Island Concrete Invoice for Concrete 4) Cement Finishing Invoice from J & B Concrete . *Paving sq.ft. cost computed as follows: Pfaffle - 680 L' X 5' wide patch pave = 12'400 sq.ft. 452 sq.ft. 78th - 283 L' X 4TotaldSquare Feet = 15852 sq.ft. $11,267 contract amount 15,852 sq.ft. = 710sq.ft. Lasal Land Cor' of.- the Northwest ESTIMATE OF CREDITS UPON FULL DEVELOPMENT StreetS 991.00 1 inch overlay, 2,630 sq. ft. ® 5.35/sq.ft. Sidewalkwest of 76th 320 lineal feet alo Pacific Hwy Pacific Hwy 255 lineal feet i stalled along in conjunction with For est Federal 72building. t.) (575 lineal feet X 3 feet ide , Finishing 431.00 1,725 sq. ft. a S.25/sq. ft. Concrete 1,725 sq. ft. X .33 = 569 cu. f 569 c� u. f t• _ 21 cu. yds. 27 745.00 21 cu. yds. X S35.46/cu. yd. TOTAL ESTIM E S 2,167.00' 5,594.00 GRAND TOTAL ALL CREDITS g b pity of Tigard Paye 2 ,July 19, 1982 Supporting Documentation: 1) Cobb Rock Sample Invoice for Rock 2) Subcontract with Baker ,tock for Paving* 3) - Ross island Concrete Invoice for Concrete 4) Cement Finishing Invoice from J b B Concrete . *Paving sq.ft. cost computed as follows: Pfaffle - 680 L' X 5' wade patch pave 3,400 sq.ft- 78th 12,452 sq.ft. Total 78th - 283 L' 4dSquare Feet = 15� sq.ft. $11 ,267 contract amount ` 15,852 sq.ft. = 71t/sq.ft. Lasal Land C% of., the Northwest ESTIMATE OF CREDITS UPON FULL DEVELOPMENT Street991.00 1 inch overlay, 2,830 sq. ft. ® $.35/sq.ft. Sidewalkwest of 78th 326 lineal feet alo Pacific Hwy pacific Hwy plus 255 lineal feet i stalled along in conjunction with Far est Federal building. (575 lineal feet X 3 feet ide = ',725 sq. ft.) Finishing 431.00 1,725 sq. ft. g $.25/sq. ft- Concrete 1,725 sq. ft. X .33 = 569 cu. f 569 cu. ft. = 21 cu. yds. 27 745.00 21 cu. yds. X $35.46/cu. yd. $ 2,167.00 TOTAL ESTIM E GRAND TOTAL ALL CREDITS $ 5,594.00 _ � a •• i� � .:C ��„ti. d�} _i`rx ";�i;'} �� y 'lf 4-•��� l,`s+.,.- -. it+y -:'t.i�,f� - 't . •"' s• Fir let . tit •�{ ,�•2 3rt�. re;, , 'w i t I.-.s^��� ..�.,7'��Yrh 3� ([•' «..y�.���y ����e'� } �3 `�•"r;�+� eq a•. ,1;4'i't' � 1. � Vlfi.*p.3�4t''u.! :fi `� �F`�.�"+:�.`4� ,;� 4r i.+< ..r' ''Rj �1':,,�rn'a �• �� F���' � yeti ��s .� ` l � + � ..} ,. r•. L tii- k ' � + t s-T.1 Z` i � ��'.i i� �.+l.Z'. + ...� +.C.' j- s t � S 7 t�-✓,� +W"' .�'�.k"� :wr '�'`''�}t�+.�•i -r�I,. - ..f �,.- �. "t.:<`��,�,,,"."". 9Fii�y�t3. + I � � _',� ( T i/,[ ~t ��. tx.:f. yis ����+�•t' �[ k�1 'r�r .,,r o k�'�. d_ -f: .'• ,y r., sA.�.�[Zi�'9 f _ .. � :fit-, _. r a: , 3 CITY OF TIGARD, OREGON 4_ COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 30, 1985 AGENDA ITEM #: t r L DATE SUBMITTED: September 26, 1985 PREVIOUS ACTION: Sidewalk Bond Reduction-. ISSUE/AGENDA TITLE: Sidewalk Bond on 'June 6, 1985 Reduction for Winterlake I PREPARED BY: Randv Clarnolaw REQUESTED BY: Developer DEPARTMENT HEAD OK: CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY Winterlake I is a 29 lot subdivision located east of SW 135th Avenue and south of SW Brittany Drive. The developer is requesting a reduction in his sidewalk bond for sidewalks completed since the last bond reduction (6-6-85). This reduction amount represents $3,289.06. ALTERNATIVES CONSIDERED SUGGESTED ACTION Engineering recommends that Council authorize a reduction in the developer's sidewalk bond by releasing $3,289.06. t b (1924P) t C IL September 30, 1985 CITY OF TIIFARD WASHINGTON COUNTY,OREGON Gordon Hobbs Or-Ak Corp. 13050 SW Forest Meadow Way Lake Oswego, OR 97034 Reference: Winterlake Subdivision (Sidewalk Bond Reduction) Dear Mr. Hobbs: In the matter of the Eleven Thousand, Three Hundred-Four and 00/100 Dollars $11,304.00) Sidewalk Bond, between Or-Ak Corporation and the City of Tigard, Oregon, and Washington Federal Savings Bank; this is to serve as official notice to allow said Washington Federal Savings Bank to release to Or-Ak Corporation, a portion of the deposit entrusted to said Washington Federal Savings Bank. The amount hereby authorized to be released is Three Thousand, Two Hundred-Eighty-Niae and 06/100 Dollars ($3,289.06). The amount to remain entrusted to Washington Federal Savings Bank as a cash performance bond to assure the City that ali remaining requirements of said subdivision are completed, shall be One Thousand, Two Hundred-Fifty and 00/100 ($1,250.00). This notice shall not be construed to nullify or alter the terms of the aforesaid sidewalk bond in any way; it is merely an authorization to release a portion of the entrusted monies. City of Tigard, Oregon BY•�raci n�• BY62t:2 (RSC:br/1924P) :: 12755 S.W.ASH P.O.BOX 23397 TIGARD.OREGON 97223 PH:639-4171 WN Ililillillmm League of Oregon Cities Annual Conference & Business Meeting ,Q November 9.12, 1985 — Red Lion Inn, Lloyd Center _ (J�� � � Phone U 37——C// 7� Name Please fill out one form pe6g� _14W"52-OM toll free. Title City//Agency Billing Address oel?0, e?ay C;t3:?77 7—_z!z;/'c40 r QR Zip Spouse/Guest Name(if attending) BILLING INFORMATION Payment Enclosed Bill the City/Agency Pay at Conference Bill the Delegate CONFERENCE REGISTRATION Registration fee includes admission to all general sessions,workshops and receptions.Meals and special training sessions are additional. Pries No. Amount Price No. Amount Preregistration 4 days $40.00 _L_ $ Y,17,0Q MONDAY,Nov 11 (Prior to Oct.21) 1 day 33200 Blood Chemistry Analysis $16.00 Spouse/Guest Registration $ 5.00 _ __ Breakfast Meetings: s-,bwowl $ 8.00 Student Registration $15.00 ___ Mayors--_Managers,,_,Finance Directors—, Onsite Registration 4 days $45.00 Planning Directors_._ ,City Attorneys__,Cable Officerz__ (After Oct.21) 1 day $35.00 ___ _.___ Spouses' Breakfast& Program $ 8.00 Non-member Fee $90.00 ___ ___ Luncheon/General Session $ 9.00 City Councii/Manager $15.00 �-- - SRelations Seminar SATURDAY,Nov.9 Portland Deluxe City Tour Elected Officials'Leadership $65.00 for spouses Adult $ 9.00 _ Training Institute(includes lunch) r &guests Child $ 4.25 Oregon Section,I.C.M.A. $65.00 Annual Banquet $18.50 Training Seminar(includes lunch) TUESDAY,Nov.12 Breakfast/General Session $ 8.00 9,00 - SUNDAY,Nov.10 ' --Lam- Luncheon/Closing Session $ 9.00 0 Luncheon/Opening Session $ 9.00 Meeting the Press(no charge, $ 0 TOTAL - limited attendance,ticket required) Registration Change Fee $10.00 Spouses'Program(no charge, S 0 Cancellation Fee $15.00 �- limited attendance,ticket required) GRAND TOTAL +! NOTE Parsons making registration changes after October 21 will be charged a$10.00 handling charge.A$15.00 fee will be charged fM all cancellations after November 1. Meal tickets may be refunded only if returned at least 24 hours before the meal is served.Training seminar and tour tickets are non-relundable.Panicipatton is limited, preregistration is suggested. White ane VNow—Mtum to— 001" Pint—006OsN's C"y ._ ... _ .. -.._..... _. .. .. .. ... ... .... ... _ � �.-.... .....•...�._s.,..v.+!t�s .v+..v�.t.,�l�'•�.+wa.v.;v,v.u.+V.1+w�.iw���,hM e�..n..�F•r..ye 9/3 OAS- 1 1 // L3 co C) \ O W W W r� 6 Z z Q w CC z O Cl O rr ' O m co tD S OMZD N W co LL. W ' I F-- � d W W - �i Z W V cc OQ U v r 1 ' ir �!. T` k N. �' �► f t i a a c N M 4 r Ir PERSONNEL RULES MANUAL TABLE OF CONTENTS Paqe Welcome 1 Section 1 General 2 Purpose of the Personnel Manual 2 Scope 2 Variance to Policies 2 Organization Chart 2 Definitions 2 Authority, Responsibility and Admin. of the Personnel System 5 City Council 5 City Administrator; Administers Rules 5 Administration of the Personnel Rules 6 Department steads 7 Section II Employment Policies and Procedures 8 Appointment Authority 8 Recruitment, Selection, and hire 8 Recruitment Procedures 9 Recruitment Process 10 Application Procedures 11 Examinations/Interviews 13 Applicant Rights Following the Examination 16 Interviewing By Supervisors and/or Panel 17 Eligibility Register 18 Effect of Discontinued Employment on Eligibility e. HIM Section II Employment Policies and Procedures (cont.) Page Register and Future Examinations 19 Pre—Appointment Reference Checks 19 Pre—Employment Requirements 20 Rejection of Applicants 20 Selection/Hire 21 Residency Requirement 21 Section III Employment Rules 22 New Employee Orientation 22 Attendance, Job Performance and Productivity 22 Shared Positions 23 Outside Employment 23 Overtime 24 Exempt Personnel — Compensatory Time 24 Salary Advance 25 Work Schedule 26 Hours of Work 26 Breaks 26 Shift Changes 26 Time Sheets 26 Employee Status 28 Section IV Employee Riqhts 31 Probationary Period 31 Police Service Positions 31 Leave of Absence Without Pay 31 Regular Status 32 Seniority 32 lor*geVity 32 Page Section V Merit and Advancement 33 Performance Reviews 33 Scheduling Performance Reviews 33 Special Evaluations 33 Performance Review Procedures 33 Goal Setting, Performance Review, and Disciplinary Action 34 Merit Increases 34 Exceptional Increases 36 Promotion 36 Acting Appointment 36 Transfer 36 Demotion 37 Suspension 38 Separation 38 Layoff 38 Resignation 39 Termination for Medical Reasons 40 Dismissal 40 Section VI Work Related Allowances 41 Lodging 41 Per Diem 41 Clothing and Uniform 41 Police Service 41 Other Employees 42 Mileage Reimbursement 42 Out--of—Town Travel 43 d Page Section VII Employee Rights and Relations 44 Appearance, Conduct and Discipline 44 Procedures For Disciplinary Actions 45 Grievance Procedures Q8 Personnel Records 50 Administration of Personnel Records 51 Employment Records 51 Reference Check Procedures for Employment By Other Employers 51 Section VIII Classification Plan 53 Class 53 Job Description 53 Administration of the Classification Plan 53 Classification Designation 53 Position Reclassification 54 Salary Range Adjustments 54 Section IX Compensation PM--Plan and Administration 55 Appointment Rate 55 Pay Periods 55 Merit System 55 Part—Time Employees — Overtime 55 Emergency Overtime 55 Section X Employee Benefits 57 Leave Benefits and Regulations 57 Holidays 57 Vacation 58 Sick Leave 59 Maternity Leave 61 Page Section X Employee Benefits (cont.) 61 Compassionate Leave 61 Military Leave 62 Civil Leave 62 Religious Leave 62 Voting Leave 62 Insurance Benefits Section XI Safety and Workir►g Conditions 64 64 Job Safety 64 Authority and Responsibility 65 Division Heads 65 Supervisors 66 Employees 66 Personnel Director Vehicalar and Occupational Accident Reporting 66 i 68 Posting Safety Information 69 Section XII Education and Traininq 69 Policy Statement 69 Education Reimbursement 71 Personal Education and Training 71 Educational Incentive 72 Section XIII Work Environment 73 Section XIV Equal Employment Opportunity Equal Employment Opportunity Policy 73 73 Sexual Harassment City Action to Preclude Sexual Harrassment 73 /x Section XIV General Guidelines and Restrictions 77 77 Relatives Legal Liability 77 Patents/Copyrights 77 Soliciting 78 City Vehicles 78 Code of Ethics 78 Political Activity 79 Inclement Weather 79 Moving Policy 79 d x gone WELCOME Congratulations on your success in becoming an employee of the City of Tigard. We encourage you to become acquainted with your fellow employees, the staff and the responsibilities of your position. Our goal as city employees is to provide the many municipal services as effectively as possible and serve the needs of all citizens in the community to the best of our ability. This document has been prepared to help answer the questions you may have regarding the regulations, policies and procedures of City employment. Please read it carefully and refer to it often to ensure that you receive the benefits to which you are entitled; if you have questions, ask your supervisor for explanations or direction. This manual is considered to be a living document - changing to meet the needs of the City and its employees. Any suggestions received from employees regarding changes in policies or procedures will be willingly considered by the City. - Z N2 O .�. w wCL x� �iZaac O m F E+ a YwOZ NU FN : a f : vi 1 O K F Z m .+ 5 O 3 M E" Z E O Ld w r1 z l" O ru+ O L] U F W W u N N H R, O d J K �7 z tFii t >' � m FH 0o8s a asa a aE 4. O 0. YI U 0. O O S W Y v. • • • • i • • V Jto OXC- p �1 w z uwi w m w) K F 4 N NY WOO W • • r s z ca O N ¢ i N F t F .F. 1 C Y w w w NN N O i O i] > O a • • y� mu N Z N aw w{�wIx F N G O z?N Sxe3-.6 za N U w O w{ O O N N E :V1` jtn:N z F z z vF HVJN x0 • SVG _awi Z 3Z 33.0 -C U3 s°C .tea �5C z O x xF.FS W W In a m-+V w O • J YW Z O 3 v 2< to J (� ►moi .ti 2 F2 G<U a' 'tZ dZ N az Y za VW 0 Cl. w • K • • ••• 11..l a wJ CM „y[Vrl 1u� �tlA3 yy�� 4� r . HJy uz WWmW ~IQQ•n1s�yxcnW� w�6tCYB •Qu^Z u• �• F u gu aaoA 94uo') i 6• u E. tza HN OOF C 1J W Nw<J ww Z cpc c w w21. U3 Ix tw< w m Al Ix ul tJ CC 4 H • cc aw 4 ash mIKUwt DW J 0 •M3 t! S R iWi1 • • yy O 4 N u 4 V< 9d 9.3 yy�jj3 • N H • • Q w c f o • ao Jr RX n. a r w A. a (AY SECTION I. GENERAL Purpose of the Personnel Manual The purpose of this manual is to provide fair rules and procedures for City employee personnel matters. We hope to make the City service attractive as a career and Lo encourage each employee to give his best service to the City. Scope This manual sets forth the policies and rules which apply to all City employees so long as its provisions are not in conflict with other agreements with the City, including labor contracts. Supervisors can acquaint you with the departmental rules and practices which also apply. All references to employees) designate both sexes, and whenever the male gender is used it shall be construed to include male and female employees. Variances to Policies The City Administrator may vary or modify the strict application of the rules in this document in any case where strict applications would result in practical difficulties or unnecessary hardship. Such a variance shall be based on written findings of practical difficulties or unnecessary hardship. The findings shall be filed with the Personnel Director. Organization Chart Definitions as used in these rules, unless the context requires otherwise: 1. Anniversary Date. Means one year from the date of receiving regular status. 2. Appeal. Means the process as established by these rules and procedures by which an employee can request consideration of a problem or situation for a decision or ruling. 3. Appointing Authority. Means the City Council, Administrator or Department Head to whom authority is delegated to make the appointment to fill a vacant position. 4. Calendar Year. Means twelve (12) month period beginning January 1 and ending December 31. 5. C jX. Means the City of Tigard, Oregon. 6. City Administrator. Means the chief executive and personnel officer the City, directly responsible to the City Council for the proper administration of all affairs of the City. 7. Class. Means a group of positions sufficiently alike in responsibilities and authorities to require similar qualifications. — 2 t 8. Compensatory Time Off. Means time off from work to compensate the employee for overtime worked. 9. Confidential Employee. Means an employee who assists and acts in a confidential capacity to a person who formulates, determines and effectuates management policies in the areas of collective bargaining. 10. Department. Means a major functional unit of the City government. 11. Department Head. Means a person directly responsible to the City Administrator for the administration of a department. 12. Demotion. Means the change of position for an employee from a position in one class or step designation to a position of lower class or step designation. 13. Disciplinary Action. Means action that may be taken against an employee for cause, including oral reprimand, written reprimand, suspension, reduction in pay, demotion, and dismissal, or any combination thereof. 14. Dismissal. Means termination of employment with the City for reasons attributable to the employee. 15. Division. Means an administrative part of the City which is a subdivision of a department. 16. Employee. Means anyone who is salaried for employment with the City of Tigard. 17. Exempt Employee. Means anyone who is in a bona fide administrative, professional, management, supervisory, confidential position, or temporary part-time positions, with the City of Tigard and is not part of the bargaining unit. 18. Fiscal Year. Means the twelve (12) month period beginning July 1 and ending June 30. 19. Full Time Eaaaloyee. Means an employee who works the normal amount of working hours for the class assigned. 20. Furlough. Means a forced unpaid leave of absence or temporary layoff from work for a period of time. 21. Grievance. Means an employee's written expression of dissatisfaction with some aspect of his employment, a management decision affecting him, or an alleged violation of his rights for the purpose of attempting to gain an adjustment of said cause of dissatisfaction. 22. Individual. Rafers to a person for accounting purposes. 23. Layoff. Means a separation from employment because of organizational changes, lack of work, lack of funds, or other reasons not reflecting discredit upon an employee. - 3 - 24. Leave of Absence. Means time off from work for reasons within the scope and purpose of these rules and regulations upon prior approval of the employee's supervisor, Department Head, and City Administrator. l 25. Merit (Performance) Pay Increase. An increase in pay established within the adopted pay plan range granted Lo an employee based on job performance. 26. Military Leave. Means leave of absence for an employee entering reserve military training duty. 27. Non—Exempt Employee. Means any employee who is in a position represented by a bargaining unit. 28. Overtime. Means time worked in excess of the regularly scheduled workday and workweek. 29. Part Time Employee. Means an employee who is employed regularly for less than the normal number of working hours. See employee status. 30. Personnel Action. Means any action taken with reference to appointment, compensation, promotion, transfer, layoff, dismissal, or other action affecting the status of employment. 31. Personnel Director. Means the individual designated by the City Administrator as directly responsible for the proper administration of all aspects of the personnel system. 32. Personnel File. Means a file regarding the employee which is maintained in the Personnel Office and which contains employment related information about the employee. 33. Probationary Period. Means a working test period during which an employee is required to demonstrate his fitness for the duties to which he is appointed by actual performance of the duties of the position. During which time may be terminated without prejudice at the sole discretion of the supervisor. 34. Promotion. Means the change of position of an employee from a position in one range designation to a position in a higher range. 35. Reclassification. Means a change in classification of a position by raising it to ,a higher class, reducing it to a lower class, or changing it to another class at the same level. 36. Regular Employee. Means an employee who has been retained in his appointed position after the completion of his probationary period. 37. Section. Means a basic special part of the City within a division or spar meat. 38. Selection. Means choosing one person from among those eligible for appointment to a position. — 4 — 39. Seniority. Means length of service From date of most recent emnloyment without a break in service. 40. Shit ` Employee. Means an employee whose daily hours of work rotate fro 0-41e shift to another periodically and whose duties are continuous from the start to the end of the shift. 41. Step. Means a relative position within a salary range. 42. Supervisor. Means any person who is responsible to a higher divisional or departmental level of authority, but who directs and evaluates the work of others. 43. Suspension. Means temporary separation of an employee from City service without pay for disciplinary purposes. 44. Tem rary Employee. Means an employee who has been appointed for a limited period not to exceed 12 months for a full-time temporary employee or 1,664 hours of employment in any given calendar year for a part-time temporary employee. 45. Transfer. Means a change of an employee from one position to another in the same class or to a position in a comparable class within the City service. 46. Unit. Means a part of thge City without staff and is identified for budget control only. 47. Workday. Means the regularly scheduled workday for each position. The normal workday is based on either (8) hours per day for a five-day week; or ten (10) hours per day for a four-day week. 48. Workweek. Means the regularly scheduled workweek consisting of a 40--hour shift schedule during a seven calendar day period commencing midnight Sunday and ending midnight the following Sunday. It is based on either a 5-4ay or 4-day (4/40) schedule. Authority. Responsibility, and Administration of the Personnel System City Council The authority of the Mayor and City Council over personnel matters shall be limited to: the City budget, pay plan, and ordinances and resolutions. City.Administrator; Administers Rules 1. The City Administrator shall be responsible for insuring the effective (administration of these policies and procedures and may delegate such functions as deemed necessary for the implementation of the system. - 5 - ti 2. The City Administrator may establish, amend, or recind written administrative procedures consistent with these policies and procedures. The City Administrator shall advise the City Council on any changes concerning these policies and procedures. Administration of the Personnel Rules The City Administrator or the designated Personnel Director shall be responsible for directing and coordinating the personnel activities of the City including the following; 1. Preparation of position classification and pay plans and directing the administration of these plans. 2. Computation or verification of the budget for Personal Services for all Departments. 3. Recruiting, testing, selecting and hiring of all City employees, provided that the City Administrator shall consult with the Mayor and the City Council prior to hiring Departmont Heads. (Res. 81-95; TMC 2.04.040) 4. Approve the appointment, promotion, demotion, transfer, discipline, dismissal, and other actions affecting persons employed by the City, in compliance with the Personnel Procedures provided that the City Administrator shall consult with the Mayor and City Council prior to appointment or dismissal of a Department Head. (Res. 81-95; TMC 2.04.040) A Personnel Action Form shall be used for changes under this subsection and shall require the signature of the City Administrator. 5. Supervise, develop and maintain the personnel system including written forms, procedures and records. 6. Maintain a current roster of all persons employed by the City. 7. Direct employee orientation, training, counseling and career development in conjunction with Department Heads. 8. Administer the employee benefits program. 9. Approve performance reviews for all employees. 10. Administer thy+ Personnel Policies and Procedures including the employee Cri vanre Procedures. 11. Perform ar otner lawful acts which are considered necessary or desirable to carry out the purpose of the personnel system and the provisions outlined in this Manual. 12. Promote and maintain harmonious relations with the labor unions; negotiate and administer collective bargaining agreements. 13. Administer the City's Affirmative Action Plan and Safety programs. _ 6 _ Department Heads Each Department Head may establish such written rules and standard operating procedures as deemed necessary for the efficient and orderly administration of the department. Such rules are subject to the approval of the City Administrator before they become effective, and must be consistent with the guidelines established in this Manual. Copies of department rules shall be available to each employee in the department and be filed with the City Administrator and Personnel Director. 'r - 7 - SECTION ZI. EMPLOYMENT POLICIES AND PROCEDURES Appointment Authority I. The Mayor of Tigard, with the consent of appointive and removal power over the the Cit City Attorne offices Of City Council, exercises Attorney. Municipal Judge and Recorder. City Administrator, 2' The City Administrator has appointive and and supervisor consultation with the Ma removal power over Department Head's after y responsibilities over the Cit yor and City Council, 3• Department heads ®f y Recorder. Power over all subordinate City of Tigard have appointive approval of the e and removal employees within their d City Administrator. department with the Recruitment Selection and Hire 1 AAalicabilit the Ma This section applies to all Mayor, City Council, Cit Positions except Judge and City Rerorder. y Administrator, City Attorney, those of y. Municipal Z• Policy Statement A. lAAP:edintment and upon meritpmotion to all positions in the solei And fitness. Selection methods City shall be y on the job--related will be experience, education, and knowledge, skills based Pe1fOrmance', aptitude a when appropriate, abilities, be weighed as determined adaptabilit prior, demonstrated analysis. throe h y' Selection factors will g position classification and S• Regardless petiti Q��e number of competitors. be com selection methods shall (1) The qualifications required shall be based upon education, established by the City (Z) A reasonable Opportunity and Persons to shall be afforded for qualified (3) All persons being standards, considered shall compete against common 3• For the purpose of this „ consideration of Policy, selection' and " transfer$ both internal and external hiring" includes the Promotions, a:�d demotions. applicants including '�. The selection of an applicant to fill a position . management responsibility. A variety of o Is a complex, shared the Cit must be satisfied perational concerns in the y salary and budget policy, as well as the re the City's Affirmative Action ob y. collective ba requirements of guidelines. �ectives, and otheraining agreements, polic,Y and legal 8 + 5, In order to assure selection of the most qualified candidate(s), the nel in the rules and procedural responsibilities flowed. The hirings department selection process must be carefully Su°ervisor, Division Head, or �~ represented by the f first—line P to assure the work Department Head has the primary responsibility uand the City that nit, the department, a technically competent the candidate is selected to perform city services. Corresponding icnts that Personnel Director shall screen out to unqualified jobob aPP do not meet minimum qualifications, u li i decision are met, talactively al obligations do pertinent to the employ qualified applicants, and to protect the sufficient number of q integrity of overall City employment policies. 6. All managers inv olved in tythis and critical iuiction are expected to know their respectiv Recruitment Procedures 1. Recruitment to fill a vacancy or to create a new position shall be handled in the following manner: A. The Department Head will review the requets o recruitthethe h immediate Supervisor and obtain approval Administrator. B, The Finance Director reviews the budget per the Position authorization. C. The Personnel Director completes a job audit update. (See Appendix O) D. The immediate Supervisor and ® r, Department Head reviews the job description with the Personnel E. The Personnel Director generates the recruitment notice containing the job description, salary range and application procedure which is then reviewed by the Department Head. ewed F. The selection od ate process and Supervi Supervisor ofrecruitment approved eis sbyhe the vi City by the Administrator. G. The Personnel Director shall be responsible for compliance with the City's equal opportunity and employment policies throughout the recruitment and selection process. 2. An authorization memo (Appendix A) is prepared for the City Administrator's approval containing the budget authorization, recruitment notice, advertising, method of recruitment, application evaluation criteria, responsible party for test administration and application screening, and the timetable employed to complete the recruitment process. — 9 — 3. The authorization memo is forwarded to the Personnel Director to complete the advertising and to handle billing details. Requests for applications and telephone inquiries, along with maintaining an application file are processed through the Personnel office. 4. Any job classification identified as under-utilizing women and/or minorities shall be advertised as specified in the City's Affirmative Action Plan. s. In cases where there is a current eligibility roster as established through earlier advertising, recruiting and testing, no further recruitment is necessary. b. It is the policy of the City to not retain or to respond to unsolicited resumes or applications. Recruitment Process 1. Criteria for Selecting the Type of Recruitment The Personnel Director shall decide whether to make an examination on an open competitive, promotional or specialized recruitment examination based upon the following criteria: A. The knowledge and skill required for the position and whether the position requires a skill not represented presently on the staff or whether specialized knowledge is required which can only be gained from prior employment by the City; B. There are qualified employees for the position; C. The financial position of the City. 2. Contents of Job Announcements Job announcements shall include the following information: A. The job title, starting wage and salary range; G. The characteristics of the job; C. The required qualifications which may include: education, experience and licenses or certificates for the position; D. A description of the examination if applicable (or selection process); E. The place where the application is available and must be filed and the deadline; F. The name of the Personnel Director; G. The posting date; H. The phrase "An Equal Opportunity Employer" printed at the bottom; I. Any residency requirements, if applicable. 3. Posting A. Job announcements shall be posted at City Hail for the length of the application period and shall be forwarded to all other city office locations. B. Job announcements shall be posted on City bulletin boards, five days prior to external recruitment. 10 - 4. Advertisements A. Advertisements for open competitive job announcements may be placed in the following publications: Oregonian and/or Tigard Times. B. Advertisements may be placed in ocher newspapers, out-of-state newspapers and trade journals. 5. Closing Date A. The closing date shall be based on the scope of the advertisement, and shall be clearly written on the position announcement. B. Applications must be filed with and be in the possession of the City Personnel Office no later than 4:30 p.m. on the closing date. Application Procedures 1. General Qualifications Applicants must generally be at least 18 years of age. Applicants under 16 years of age must obtain a work permit from the Oregon State Bureau of Labor. Applicants who are not citizens of the United States must be of a status that allows them to work in the United States. 2. Rules For Application Forms-Contracts A. General Information. The general applications shall provide space for the job title, applicant's name, address, business and home phone numbers, social security number, and information about military service. B. Applicant Survey. An applicant survey form shall be attached to the application form for the purpose of collecting information about ethnic background, date of birth, sex and handicap status of the applicant. This information is used to prepare reports required by Federal and State law. Applicants shall be informed in the application instructions that: (1) the information will be used for data collection only; and (2) the survey will be removed prior to evaluation of the application. 3. Relevant Education and Training. Only that education and training directly relevant shall be considered. 4. Licenses and Certificates. Only the licenses or certificates for the job shall be required. 5. Relevant Job Experience. Only the relevant experience may be considered. - 1i - 6. Supplemental Application Form (SAF) A. The SAF is a test. It shall be constructed so that all requested information is job related. B. The SAF shall be prepared by the Department Head and approved by the Personnel Director. C. Where there are minimum requirements, the instruction section shall specify that a negative response to any minimum requirement or failure to complete and return of the SAF shall be cause for disqualification. T. Resumes. Resumes may be accepted as supplemental information along with other City Application forms. It may or may not be job related. It is t:he policy of the City to not retain or to respond to unsolicited resumes or applications. S. Closing Oat s; Extension of Time; Late and Incomplete -Applications- Revisions pplications- Revisions to Submitted Applications A. Establishment of Closing Date. The last date on which an application shall be accepted is established by the Personnel Director using the following criteria: 1. Internal recruitment, 2. Open competitive, 3. The number of openings, A. The anticipated "drop off", 5. The availability of persons in the job market with the required skills. S. Extension of Closing Dates 1. The Personnel Director may extend the closing date upon a determination that the quality or quantity of the applications do not meet the requirements of the recruitment plan. 2. The position need not be renoticed in the newspaper, however, an announcement shall be posted at City Hall. C. Late Applications. Late applications shall not be accepted except under the following circumstances: 1. The recruitment deadline has been extended; or 2. The applicant has received written prior approval from the Personnel Director prior to the closing deadline. In such situations, the application must be post marked no later than ten days after it was mailed by the City. A telephone request for an application shall not satisfy the written notice. D. Revision of Submitted Application or Additions to the Application 1. There shall be no changes allowed to an application after the closing date except for the applicant's address or phone number because the point of evaluation of the applicant is at the closing date. 2. There shall be no additional information received after the closing date except for certain City required information or documents which may not be immediately available such as school transcripts. — 12 — 9. Multiple Use of Applications A. There shall be only one application per applicant per job ~ announcement. B. No application, whether accepted or rejected, for one job announcement shall be used as the application for another announcement under any circumstances. 10. Application Review Process A. Applicants. The outside applicant must submit an application for the vacant position with the Personnel Director. The Personnel Director will eliminate from competition: all applicants except for a reasonable number whose applications suggest they may potentially serve in the City's best interest. All applications and employment records, both internal and external, will be considered confidential and kept in the Personnel Division. 8. Apply the determined selection procedure: Application, resume, test, assessment center or other approved job related selection practice. C. DDlicability of Prior Interviews. In some cases, it may serve the City's best interest to consider for selection an individual who has been recently interviewed for a substantially similar position within the hiring department without holding a new interview. In such cases, the hiring department and the Personnel Director will decide if such a procedure would be appropriate. Examinations/Interviews 1. Naturae of Examination A. Examinations shall be competitive and job-related. They shall be constructed to determine the qualifications, competence and ability of the persons tested to perform the duties of the class of positions for which a list is to be established. B. No part of any examination shall include any questions designed to reveal the political or religious affiliation or belief, national origin, age, sex, color, race or handicap of any candidate. 2. Rules A. Validation of All Phases of the Test 1. All phases of the examination process for every position except positions exempted under Section II Employment Policies and Procedures, (Recruitment, Selection and Hire Applicability) shall be constructed according to job-related standards. - 13 - 2. The record for each examination shall contain a Content Validation Report (CVR) which includes: (a) A job related job description; (b) A readability analysis; (c) A copy of the job announcements; (d) A copy of the job advertisements; (e) A copy of the examination(s); (f) A copy of the examination answers and test scoring procedures. 3. Position descriptions shall be based on a task analysis conducted with the incumbent(s) and supervisor(s). When there is no incumbent in the position, the Personnel Director and Department Head shall prepare a description. B. Selection of Raters. The following factors shall be considered in the selection of persons participating in the evaluation and scoring of candidates: 1. 2ualifications (a) The rater(s) shall be technical experts in the knowledges, skills and responsibilities of the position for which they are a rater. (b) The Personnel Director small verify the raters qualifications. A similar job title is not sufficient verification. (c) Raters shall evaluate only the areas in which they are an expert. { (d) The Personnel Director may ask the Department Head for a list of possible raters. 2. Raters Objectivity (a) The Personnel Director shall provide the raters with a list of names of the candidates prior to the interview or test. (b) A candidate shall not be rated by someone known to the candidate except for a professional acquaintance. 3. AssuriM Objectivity (a) Written examinations and supplemental applications forms should have the candidate identified by number only. (b) Raters on supplemental application forms, written examinations or performance tests may serve on an interview panel for the same examination. C. Conduct of the Raters 1. All questions and evaluation standards shall be job related, therefore, the Personnel Director shall: (a) Instruct the raters on the rating process and the types of questions which are not acceptable under state and federal guidelines. r - 14 - (b) Provide the raters with a copy of the job announcement and position description. 2. The Personnel Director and Department Head or Manager may tr observe or participate in the interview or performance test. 3. The Personnel Director shall correct any situation that violates these standards. D. Selection Panels. Especially in the case of a professional opening, the supervisor may wish to invite an outside professional expert to sit on the selection panel to advise. Panel members from the City staff should be limited to management, professional, or supervisory employees. Any other inclusion should be discussed with and approved by the Personnel Director. Prior to appointment of panel members, the appointing supervisor shall notify the Personnel Director for approval of the panel's tentative composition and how the panel will operate throughout the selection process. Before proceeding, the panel members who have not previously been briefed shall be informed orally or in writing on interview procedures and techniques. The hiring supervisor and the Personnel Director shall mutually decide how and through whom the briefing is delivered. It should be recognized that selection panels are advisory in nature. They are designed solely to aid the hiring supervisor in making a selection decision. They are optional, not mandatory. E. Use of Repeat ,Questions I. Repeat questions or tasks may be used in consecutive tests or different tests for different positic,ns as long as the questions are current, correct and job related. 2. Repeat questions or tasks may not be used on promotional tests where those who are taking the examination experienced the same questions on a test for a position in a lower classification. Teat questions or tasks which measure the same knowledge or skills for both jobs should be changed. 3. Repeat questions should not be used when less than six months has lapsed between examinations. F. Review of Text Material and Test 1. Representatives of the Department authorized by the Administrator may review the test material for job relatedness. 2. Representatives of the Department authorized by the Personnel Director may examine the test papers of an applicant during the time of final interviews. .x 3. The applicant may review his or her own scored test and rating forms within thirty days after the test. - 15 - e G. Scheduling of Examinations 1, Notice Required (a) The date, time and place of the examination shall be identified on the job announcement or the applicant shall be notified by mail at least seven days prior to the examination. (b) The examination notice shall also state whether such things as calculators or reference material may be brought to the examination. 2. Rescheduling of an Examination. The Personnel Director is under no obligation to change a schedule; examination date, time or place, however, it may be changed if: (a) The request is reasonable; (b) The changes will not give an unfair advantage to a candidate; (c) The change will not inconvenience the examination administrator; (d) The change will not make it impossible for another candidate to take the examination; and (e) All other candidates have been given at least seven days notice. H. late Test Administration. Whether to give a. late examination is at the discretion of the Personnel Director. The Personnel Director shall consider the following factors in making a decision: 1. The legitimacy of the candidates request; 2. The adequacy of provisions to retain test security: 3. Time constraints; 4. The feasibility of administration; 5. The difficulty of recruitment. Applicant Rights following the Examination 1. Right to Information About the Examination. All applicants are entitled to complete information regarding the job including: A. The analysis of the test for job relatedness; U. The interview procedures; C. The qualifications of the raters; 0. The Affirmative Action policies; and E. The appeal rights. 2. Appeal Rights A. An applicant may challenge any test questions or procedure alleged to be inappropriate or unfair. B. An appeal shall be filed with the Personnel Director within the three-day period for review of the test and the appeal shall be decided by a review panel consisting of the following persons or their designee(s): - 16 - commas (1) City Administrator; (2) Personnel Director; (3) City Attorney. The findings and conclusions of this panel shall be the final determination at the City level. Interviewing By Supervisors And/Or Panel 1. Control Questions and Response Evaluation. All candidates will be asked predetermined control questions during departmental interviews, based upon job-related criteria. If, during the course of the interview. a member of the panel wishes to pose a job--related follow-up question riot found in the control questions, it may be asked. The evaluation of a candidate(s) will only be based upon job-related criteria. Prior to the holding of the interviews, the hiring department will send a list of control questions (and prewritten control answers whenever feasible) to the Personnel Director for review, along with a proposed hiring date. Upon receipt of these questions/answers, the Personnel Director shall review each question/answer for validity in respect to job performance requirements. If the Personnel Director's finding is positive, a copy of these questions/answers shall be retained on file and the original copy shall be returned to the hiring department. If the Personnel Director has any concerns regarding the job-relatedness of questions/answers, it shall contact the hiring department to work out the details and make mutually acceptable changes, if necessary. These questions shall be kept secure and confidential at all times. When vacancies occur in positions for which control questions/answers have been previously used (and no change in job duties or requirements has occurred), such questions/answers may be used by the hiring supervisor/panel to conduct the current interviews. 2. Timing Of Interviews. When the hiring department has completed all preliminary procedural steps and is ready to interview, it will promptly set a reasonable time for interviews with those qualified individuals. Whenever a selection panel is engaged to make advisory recommendations on selection(s), the timing of interviews should accommodate the schedules of panel members whenever possible to assure that all candidates are interviewed and evaluated by the same panel. 3. All interviewed candidates shall be rated based on job related knowledge, skills, abilities, experience, education, and when appropriate, prior demonstrated performance, aptitude and adaptability. If one of the top three candidates was not selected, the hiring department shall document the reasons for selecting a candidate lower on the list. 17 - 4. Compensation And Employee Benefits Information._ The hiring supervisor shall review all compensation and benefit questions with the Personnel Director. If questions arise during the interview �l process regarding compensation policy or benefit program eligibility, the questions should be referred to the Personnel Director. Eligibility Register (Police Employees Only) 1. Rules A. Names shall be ranked by final score beginning with the highest grade. 8. Candidates who earn equal grades shall be ranked in the order in which their applications were received by the Personnel Director. C. A copy of the hiring list shall be filed and kept for three years (State. of limitations) D. The list shall remain in effect for a period of 12 months unless extended or terminated early. 2. Duty of Candidates. Each candidate, on the eligibility register, shall be responsible for notifying the Personnel Director of any change in address or phone number. 3. Maintainim the Register A. A decision to terminate the register early or to extend the register shall be based on a canvassing of the list. B. The Personnel Director shall canvass the list by mailing a card to each eligible person on the list asking the person to verify: (1) Whether the person is available for employment, and (2) The conditions under which the person will accept employment as stated on the card. C. The candidate shall have 10 days from the date the card is mailed by the Personnel Director to respond. Failure to respond within 10 days shall cause the person's name to be removed from the list. 4. Extension of the Register A. The register may be extended for six months when there are at least three persons on the list. 8. Notice need not be given of the extension. 5. Early Termination of the Register A A register shall be terminated whenever there are less than three names on the eligibility register. B. A register may be terminated if the classification for which the register was crested is abolished. C. Notice shall be given to the remaining candidates. 6. Removal of Names from the Eligibility Reqister. A candidate's name may be removed from the eligibility register by the Personnel r Director in the following circumstances: 18 — A. The individual is appointed from the list to fill a vacancy in that class. B. The individual is appointed from a list for a different classification where the minimum salary is either equal to or higher than the minimum salary for the classification from which his name is then removed. C. The individual files a written notice stating he is no longer willing to accept appointment. 0, The individual declines employment under conditions which he had previously stated he would accept employment. (e.g. accepting evening or weekend work) E. The individual fails to respond within 10 days to any written inquiry from the Personnel Director or the appointing authority regarding the individual's availability for appointment. F. The individual is considered by 3 differently appointing authorities for one classification and is not appointed or the individual is considered for the same classification 3 different times by the same appointing authority and not appointed G. The individual's name may also be removed from a list for any of the reasons applicable to the initial rejection of an application in cases where these facts come to light after the establishment of a list. H. When an individual's name is removed from an active eligible list for any cause, that person shall be notified by mail by the Personnel Director. Effect of discontinued employment on Eligibility Register and Future Examinations (Police Employees only) 1. Rules A. Dismissal for Cause at Anytime An employee who is dismissed "for cause" at any point during their employment shall be prohibited from taking an examination or from future employment considerations unless specifically approved by the City Administrator. R. Dismissal During Probationary Period An employee who is dismissed during the probationary period shall be eligible to take future examinations and to be considered for employment after one year or more from'dismissal. C. The Effect of a Resignation. An employee may resign at any time without prejudicing future employment with the City subject to examination. An employee who resigns shall be eligible for future examinations. Pre--Appointment Reference Checks When the departmental interviews have been completed, the Personnel Director is advised of which candidate(s) the department is considering for the position based on the City's best interest. At this time, the Personnel Director and the hiring department confer to determine if there are details (e.g. , physical agility test, medical pre-employment - 19 - examination, etc.) needing preselection attention. After tentative agreement on the final selection has been reached, the hiring supervisor will make necessary reference checks. Reference checks will be made on �.. the final candidates and must be completed before the job is offered. occasionally, the technical skills and responsibilities of a position may necessitate joint reference checking. The Personnel Director and hiring department must agree on the details of any modified procedure prior to contacts being made by either department. Pre-Employment Requirements 1, Medical Examination Prior To Appointment._ If the position requires it, the candidate is scheduled by the Personnel Director or designee for a pre--employment physical with a physician of the City's selection before being offered the position. In some instances, current employees transferred or promoted will be required to update physical health or other background information, Any medical examination required prior to original appointment shall. be conducted by a licensed physician approved try the City prior to the examination. Cost for this examination shall be incurred by the City. If the physician, based on standards established by the City, deems any candidate medically unable to perform the duties of the position, the report shall state the reasons) for the inability and the reason for rejection. The City Administrator shall make all final decisions in this regard. All medical examinations required before promotional appointments are made shall be paid for by the City. Any person who refuses to submit to such an examination shall be rejected for employment. 2. Background Check. Candidates for police positions may be photographed, fingerprinted and a background check investigation shall be completed prior to appointment. Any person who refuses to submit to such an examination shall be rejected for employment. Rejection of App_ licants Grounds for rejecting applications are as follows: 1. The applicant lacks and is unable to meet the job-related minimum qualifications prescribed in the job description; 2. The applicant is physically unfit to perform the duties of the position based on standards established by the City; g, The applicant has been convicted of a crime of such a nature as to render him unfit for the position. This position shall be narrowly construed and the conviction must be directly related to the requirements of the job (time limits for consideration are 5 years for felonies, and 2 years fe- misdemeanors). A record free of criminal history is a bona fide occupational qualification for police personnel; 20 - 4. The applicant has used or attempted to use political pressure or bribery to secure an advantage in being considered for a position; �^ 5. The applicant has practiced or attempted to practice deception or fraud in the application or testing process; 6. The applicant has otherwise violated policy or procedures relating to the application process; 7. After the vacancy has been filled, a reasonable effort will be made to notify all applicants applying for a specific job, by mail or phone. Selection/Hire When a selection is made, the hiring supervisor shall make an offer of employment specifying the terms of employment, including compensation and special allowances, if any, prior to appointment. Upon receipt of written acceptance, the hiring supervisor completes a Personnel Action form to be approved by the Department Head and the City Administrator. Written acceptance of the offer of employment oust be received within 10 days or the offer shall be considered invalid. Residency Requirement 1. policy Statement. The City Administrator and Department Heads are required to establish permanent residency within the boundaries of Clackamas, Multnomah, or Washington Counties of the State of Oregon - within 120 days following the end of the probationary period. The affected positions are. City Administrator, Chief of Police, Planning Director, Public Works Director, Head Librarian and Finance Director. 2. Extension of Time to Comply. The City Council, at its discretion, may extend the period for compliance. Such an extension may be given to any affected employee if that employee has made a demonstrable effort to comply. 21 ""�- SECTION III. EMPLOYMENT RULES New Employee Orientation Orientation of all new employees will be given by the Personnel Director on an individual basis the morning the employee begins work, schedules permitting, The Personnel Director shall provide the initial orientation of fringe benefits and policies of the City to the employee (Appendix L. Employee Status Review). If questions arise regarding benefit coverage options, these questions shall be referred to the Personnel Director. The employee shall have approximately two weeks to decide on benefit options. Completed enrollment forms are then forwarded to Accounting. Departments are responsible for supplementing the employee orientation. The Supervisor provides the employee with a job description and explains the role, responsibilities and work program priorities to the employee. The employee is also provided with a time sheet and instructions on completion of the time sheet. The Supervisor gives the employee a tour of the City and introduces the individual to co-workers. During the first month of employment, Personnel Director arranges for the City Administrator to meet with the new employee. Attendance Job Performance and Productivity Policy Statement The City is a public service agency and as such, each employee's attendance is a factor of job performance. Job performance and productivity are essential to the effective and efficient delivery of municipal services. 1. Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves of absence. See Section 10 of this document regarding vacation, holidays and leaves of absence. 2. An employee shall not absent himself from work for any reason, other than those specified in this manual authorizing sick leave, without written authorization and making prior arrangements with his Supervisor. Unless such prior arrangements are made, an employee, who for any reason fails to report to work, shall make a sincere effort, within the first half hour of the scheduled work day, to notify his Supervisor of his reason for being absent. If the absence continues beyond the first day, the employee shall notify the Supervisor on a daily basis unless other arrangements have been made with the Supervisor. 3. Unauthorized absence of an employee from duty shall be grounds for disciplinary action by the immediate Supervisor. Any employee who is absent for three (3) or more days without authorization may be deemed to have voluntarily resigned. When extenuating circumstances are found to have existed, however, such absence may be authorized by the immediate Supervisor with the approval of the City Administrator and reinstatement granted. — 22 — �a.p. 4. Departments shall maintain time sheets for current records of employees' attendance. 5. Good job performance and optimum productivity are recognized as being the obligation of all City employees. Work procedure, schedules and assignments, or any other means of increasing productivity, may be established and/or revised by the supervisor and/or City Administrator, so long as no right guaranteed an employee under their respective contracts is violated. Management and employees may agree to meet at mutually convenient times to discuss means of increasing departmental productivity. S. Adverse job performance as a result of abnormal absence and poor attendance (authorized or unauthorized) may be grounds for disciplinary action up to and including dismissal. Shared Positions Policy Statement. A position may be shared if, in the Supervisor's judgment, the position lends itself to a job sharing arrangement without decreasing the efficiency of City services. Requests to share a position shall be initiated by the employee and are subject to approval by the immediate Supervisor, Department Head, the Personnel Director and the City Administrator. 1. Job sharing arrangements are typically on a half day or half week basis. Job sharing employees are defined as permanent part time employees for purposes of classification and benefits administration. 2. In the event a permanent full time employee job shares for a period of time and then seeks reinstatement as a full time employee, efforts shall be made to reinstate the most senior employee provided that merit and ability are equal and transition the employee into another available position. If no position is available, the policies and contractual obligations governing lay off shall prevail and permanent part-time employees may not demand full-time status. Outside Employment Policy Statement. City employees owe their primary work allegiance and energy to the city service. In order to be approved, the outside employment shall meet the following conditions: 1. if employees wish to accept additional employment while working in the City's service. employees shall obtain permission from their immediate Supervisor, Department Head and City Administrator to do so. Each change in outside employment shall require separate approval. 2. Such outside employment shall not have any conflict, real or implied, with the official duties of the employee. - 23 - 3. Outside employment shall not require such a degree of commitment of time that it would tend to prevent an employee from rendering primary (effective) service to the City. 4. The work shall in no way conflict with the interest of the City or be a discredit to the City. 5. It shall be understood that the City has prior call upon the services of its employees whenever the public health and safety demands it regardless of any impingement upon secondary employment. Overtime For time worked beyond regular workday or over forty (40) hours in on e workweek all Non-Exempt employees must be granted compensatory time or be paid overtime at one and one half the hourly rate of pay. 1. Overtime is that time worked in excess of eight hours in one day, or an any day in addition to a scheduled 40 hour shift week, 2. Any overtime work to be done must receive prior authorization from the employee's immediate Supervisor. 3. Overtime shall be computed to the nearest half hour (e.g. 14 min. 0, lb min. - 1/2 hr.). 4. Compensation for overtime shall be granted at one and one half the regular rate of pay or compensatory time off to be scheduled at the mutual convenience of the employer and employee. Employees shall not be allowed to accrue more than 40 hours of compensatory time. Time in excess of 40 hours will be paid as overtime until the accumulation of compensatory time is reduced. 5. Time spent by an employee called back to work to correct improper or incomplete work that should have been performed during normal working hours, shall not be compensated for. An employee shall not be called back to perform work that does not require immediate attention before the employee's next scheduled shift. If it is determined that the reasons for the improper or incomplete work were beyond the employee's control, they will receive overtime compensation. 6. Authorized call back overtime shall be a minimum of two hours. Exempt Personnel •- Compensatory_ Time Exempt personnel may be expected to work beyond the normal 40 hour work week in order to render the services and support to conduct and supervise the work programs which have been assigned to them. Exempt staff will be allowed to accrue and use compensatory time in the following manner (Resolution No. 02-75): - 24 - I. Department Heads will be allowed to take time off as workload permits on an exchange or like-time basis for work in excess of a normal work cycle. Like time is not accrued but is granted subject to approval by the City Administrator. 2. Division Managers and Professional employees will be allowed to accrue and take off accumulated compensatory time as workload permits on an hour-to-hour basis subject to approval by the employee's immediate supervisor. 3. Section Managers (Supervisory) and Confidential employees shall accrue compensatory time at a rate of time and one half the number of hours worked. Compensatory time taken off is to be scheduled as workload permits and is subject to approval by the employee's immediate supervisor. Accumulation of compensatory time in excess of 40 hours shall be taken as overtime pay at the appropriate rate. Overtime pay may be paid in lieu of compensatory time as budget permits. Salary Advance There are basically three kinds of requests and some require written approval. Please follow the procedure listed below: 1. Salary Advance. An employee is in between pay dates and an emergency arises, what does he do? A. The employee is to request in writing through his Supervisor and Department Head a salary advance. B. The Department will pass the request through to the City Administrator for approval. The salary advance is limited to 25% of the regular not monthly pay. C. The City Administrator forwards the approved request to Accounting for processing. 2. Advance Paycheck. An employee will be gone on payday and would like to have his check before he goes. This can only be allowed if the payroll has been completed, The request is to be written and follows the same procedure as listed above, An alternat-ive to receiving the paycheck in advance is to have the Finance Department deposit the check into the employee's account. In order to do this, the employee must leave a depnsit slip with Accounting. 3. Advance Vacation Paycheck. An employee knows he will be on vacation when payroll checks are issued - how will the employee get his check? Accounting must be notified the pay period before the employee goes on vacation. This is intended to give ample time for Accounting to process the vacation check along with the regular payroll. Manual checks are an exception to the system and can cause errors in payroll. - 25 - JIMM I The finance Department will attempt to accommodate requests by employees for paychecks, however, the above procedures must be followed. If you have any questions, please contact the Finance Director. Work Schedule Policy Statement. Employees shall perform the duties and responsibilities assigned by their Supervisors as deemed necessary to carry out the business of the City even though the work may be of a different nature from that which the employee is normally engaged. Hours Of Work The work week, consistent with the operating requirements of the City, shall be regular, irregular or flexible. A regular work schedule is a work schedule with the same starting and stopping time on five 8 hour days. An irregular work schedule (4/40) is a work schedule with the saute starting and stopping time on four 10 hour days. A flexible work schedule is a work schedule which varies with the number of hours worked on a daily basis, but not necessarily, each day, or a work schedule in which starting and stopping times vary on a daily basis, but does not exceed 40 hours within a one week period. Irregular and flexible work schedules must be approved by the Department Head and City Administrator prior to implementation. Adjustments to the work schedule to allow for holidays or to substitute personnel are made on a departmental basis. Breaks A regular work schedule of eight-hour days shall include two 15-minute breaks and one lunch break of at least one half (1/2) hour, to be scheduled by the Supervisor. Employees working a 10 hour schedule shall receive an additional 15-minute break during the work day (during the last 2 hours of the shift). Part time employees working less than 8 hours shall be entitled to one (1) fifteen minute break during the work day. Shift Changes Employees shall normally be given adequate advance notice of any change in regular hours of work, except when an emergency exists. Notice will not be given less than two weeks prior to the employee's change in work schedule. Shift changes do not apply to Department Heads. Time Sheets Policy Statement. As an employee, your primary responsibility is to record the arrival and departure from, work to the nearest quarter hour. A sample time sheet can be referenced in Appendix C. - 26 1. Date, Time In/Out. Record the number of regular hours actually worked. If you have not charged hours to leave taken, this column will normally register B. t 2. Sick Leave Taken. Record the number of hours of any sick leave taken. Mote in the Explanation column whether the leave was an illness, doctor's/dentist's appointment or an on the job injury along with the actual time off. 3. Vacation Taken. Record the hours off charged against vacation. 4, Compensatory Time Taken. Record the hours taken off as comp. time. 5. Floating Holiday.Taken. Record the hours charged to Floating Holiday. 6. Other, Record the number of hours charged to Compassionate, Military or other paid or unpaid leaves. Mote in the Explanation column the time off. 7, Compensatory Overtime Earned. Indicate the number of hours to be credited to your, account. Mote in the Explanation column the time and event in which hours were earned. Remember that Department Heads are on a like-time basis, Professional and Division Heads on an hour-for-hour basis; section managers, confidential and non--exempt employees on a time-,and--ane-half basis. The number of hours in the Comp. Time Earned column should reflect the number of hours to be credited, not the number of hours worked which are correctly indicated as in/out. 4 8. Paid Overtime Earned. Record the number of paid overtime hours worked. The computer will calculate the time-and-one-half rate, Indicate in the Explanation column the time and event when overtime was earned. 9. Total Hours To Be Paid. This column should normally be 8 since employees are on a salary schedule instead of an hourly rate. If you are being paid for comp. time, then the number of hours will exceed 0. 10. Paid Holidays. Record an "H" in the Regular Hours column for days the City observed as official holidays. Police employees who take accumulated holiday time off should record "'HL" Holiday Leave in the Regular Hours column of the time sheet. It. Totals. Add the total number of hours for each column. Please double-check your addition. The timekeeper records the hours &s indicated. 12. Signatures. Fill in your signature. Your supervisor will check and sign the time sheet for accuracy and route the form to the timekeeper. For Police employees, the Support Services Manager will check and sign the time sheets for accuracy and route them to the timekeeper. 13. Due Oat-2s. Time sheets are due to payroll the day following the pay period, on the 16th and the 1st. _ 27 - �m v x�u w_. ,a 14. Requests For Leave And other Forms. Oepartment policy will dictate whether Request For Leave slips and other forms are to be filled out. Check with your Supervisor regardirig this policy. However, only the time sheets are forwarded to Payroll. Employee Status Non—Union/ union/ City—Paid Employee Paid Exempt Non—Exempt Provisions Options 1. Regular full time and X or X Full benefits. lidded options fill a budgeted position or payroll and work +32-40 hours deductions. ave.per week. 2. Regular Part time and X or X Full benefits Percent of budgeted position based on a per- difference and work +20-32 hours centage of at employee's ave. per week; 12 months hours worked. option. per year. 3. Temporary full time andX No benefits N/A work (--) 40 hours ave.per except those week with employment not mandated by exceeding 12 months and State law. is either: seasonal, (e.g. FICA, casual, irregular, SAIF and student intern, Green- unemplopment) thumb or park cleanup; you have no tenure and serve at the discretion of the City Adminis- trator. 4. Temporary Part time and X No benefits N/A work (-) less than 20 except those hours per week ave. with mandated by employment not exceeding State law. 12 months; you have no tenure and serve at the discretion of the City Administrator. — 28 — 5. Probationary (new employee) are either- newly hired or newly promoted or reclassified employees who have not completed a six-month probationary period. Police service positions provide for 12 or 18 month probationary cycles. 6. Probationary (disciplinary action) employees who are serving during a re-evaluation period in which behavior is being corrected or the employee faces dismissal. 7. Ieidependent Contractors do not qualify as employees. 8. Student Intern Employment. The City will place student interns on projects of limited duration. The recruitment and selection process for student interns is defined as follows: a. Interns must submit either a full resume or complete an employment application when interviewing. This application or resume should be retained in the City's personnel files. b. Selection interviews are to be conducted similar to that of a regular employee. C. Intern programs are to be a vital link in the City's affirmative action efforts. Efforts should be made to recruit interns from any of the City's target affirmative action classes. d. A personnel record including time sheets should be kept on file in leach department and the Personnel Department on its interns. r This information is needed for Federal and local reports. An evaluation of the intern's performance versus duty assignment expectation should also be maintained. Reference checks on interns are subject to the same restrictions as for any other City employee. e. The Supervisor will insure the student intern possesses a valid driver's license if needed prior to placement. f. If the student intern is to be compensated for services, a personnel action form is to be processed and the intern shall be placed as a temporary employee. g. The City shall assume liability coverage for student interns in the event of on-the--job injury. h. The City may contract with other agencies to place student interns. 9. Green Thumb, CE2,_Community Service and Volunteers. The City participates in a number of programs which act as a work experience for youth, individuals over 55, court referrals and citizens wishing to volunteer their tiro for public service. Such individuals shall be recruited and selected using the following guidelines: - 29 - a. A representative from the sponsoring agency or the individual shall contact the Personnel Director regarding placement. b. Placement will be coordinated with the immediate Supervisor. C. Hours of work, job responsibilities, qualifications, and extent of supervision shall be determined prior to placement. d. The sponsoring agency shall provide liability coverage for program participants. e, The City shall provide liability coverage for volunteers. - 30 - SECTION IV EMPLOYEE RIGHTS Probationary Period City Positions (Except Police Service Positions). The probationary period shall be six (6) months for all new employees. Prior to completion of this probationary period, employees may be dismissed by written notice stating the date of dismissal and without cause. At the discretion of the Supervisor, and in cases where the responsibilities of a position are such that a longer period is necessary to demonstrate an employee's qualifications, the probationary period may be extended three additional months, All promotions, transfers and reclassifications will be subject to a six-month probationary period. During the probationary period of a promoted, transferred or reclassified employee, the employee may be returned to the former classification to which an employee held without any reason or cause being shown. The employee shall not be dismissed however, without cause. All promotions, transfers and reappointments shall be subject to a six-month probationary period. During this type of probationary period, employees will continue to be considered permanent employees, will accrue seniority and shall be protected by dismissal procedures as other permanent employees. Police Service Positions 1. For a new employee with less than 24 months satisfactory experience with a State, County or municipal law enforcement agency, the probationary period shall be 18 months. 2. For a new employee with at least 24 months satisfactory experience with a State, County or municipal law enforcement agency, the probationary period shall be 12 months. 3. For a newly appointed clerk dispatcher, clerk specialist, cadet or secretary clerk 1, the probationary period shall be 12 months. 4. Probation may be extended in exceptional circumstances for a period not to exceed three (3) months, Leave of Absence without Pay A permanent employee may be granted leave of absence without pay up to twelve months when the work of the Department will not be seriously handicapped by their absence. Vacancies created by such leave, if filled, will be by temporary or conditional appointment. 1, Request Procedure. A written request, establishing reasonable justification and duration of leave, must be submitted to the Department Head and the City Administrator. - 31 - 'max.. 2. Benefits While on Leave of Absence. Health insurance is available for 90 calendar days at the employee's expense (group rate) if such coverage is desired. All other benefits and accruals shall be discontinued during leaves of absence without pay longer than 30 calendar days. 3. Reinstatement of Employee Benefits Following a Leave of Absence. In a leave of absence less than 30 calendar days, vacation accrual, seniority, and time towards performance evaluation will accrue without interruption. Also, health, dental and other insurance benefits will continue without interruption. In a leave of absence longer than 30 calendar days, vacation, seniority and time towards performance review will not accrue during the leave, but shall begin accruing again when the employee returns from leave, without loss of previous accrual (unless vacation and compensatory time have been used to supplement the lea►ve). Health and other insurance benefits will be reinstated after the leave, but will be subject to the regular waiting periods for new enrollment. Regular Status When an employee successfully completes the probation period, the employee small be advanced from entry step in the employee's pay range as a recognition of merit. Seniority Seniority is defined as being the employee's length of service with the City since most recent date of hire. (Authorized leaves of absence per above shall not interrupt length of service.) The City shall post the seniority list on January 1 and July i of each year. Longevity Police Service employees (except management employees) may be eligible for longevity as indicated in the IPOA collective bargaining agreement. — 32 — SECTION V MERIT AND ADVANCEMENT Performance Reviews Policy Statement. Performance reviews are an essential component in the administration of a personnel system. Reviews provide information relating to merit and promotional opportunities, identifies needed training, targets the strengths and limitations of performance and measures the relationship between Council goals and individual productivity. Scheduling Performance Reviews During the six-month probationary period, employees will be evaluated twice; once after three months and again the month before the end of the probationary period. Performance progress reviews will occur every six months thereafter. Special Evaluations Special evaluations should occur: 1. Prior to any promotion or transfer out of a work unit or into a new position in that unit. 2. When an employee is subject to any disciplinary action exceeding an oral or written reprimand. 3. At the employee's request. When an employee requests a performance evaluation, at a scheduled time, or any other time, the immediate Supervisor will be obligated to complete the evaluation within two weeks of the request. Performance Review Procedures Policy: To review and reset goals, reward performance and create incentives, also to detect and corect improper activity and sub-standard performance. Percent and timeliness may vary. Tho goal of employee performance is to establish a pattern of work habits by the time the employee reaches the top of the range. Performance reviews are to be completed cooperatively by the employee and their immediate Supervisor. They are to be completed by the scheduled due date and may be initiated by either the employee or immediate Supervisor. The employee and immediate Supervisor are required to sign the forms. All evaluations will be reviewed by the Department Head and the City Administrator. All reviews will be placed in the employee's personnel file and the employee will be provided with a copy. Please refer to specific forms and instructions from the City Administrator's office as identified in Appendix G. All merit increases or promotions require appropriate department recommendations and specific approval of the City Administrator. - 33 - Goal Setting Performance Review, and Disciplinary Action 1. During the first month of employment, a general orientation of (( program priorities and a goal setting review should be conducted. 2. After the third month of employment, the Supervisor and the employee shall complete a progress review of the employee's performance. 3. The Supervisor shall initiate a performance review with the employee after six months of employment. 4. On every anniversary date, the Supervisor and the employee shall complete an annual performance review. 5. The recommendation for a merit increase and/or extension of probation, or termination shall be set forth in a Personnel Action Form and routed to the City Administrator for approval and then transmitted to the Personnel Director. 6. The Personnel Director shall retain a copy of the Personnel Action Form for the employee's personnel file and shall route a copy to Accounting and a copy to the employee. 7. If a disciplinary action is needed to correct substandard performance, the Supervisor shall confer with the Personnel Director and the Department Head before initiation of such action. Progressive discipline shall be administered in accordance with the City's Personnel Policies and union contracts. If a grievance cannot be resolved between the Supervisor and the employee, the Department `- Head shall attempt to adjust the grievance. If no remedy is found, the complaint is processed at the City Administrator level. 9. If a transfer, promotion or reclassification is recommended by the Supervisor, the request is processed through the Department Head, Personnel Director and City Administrator. If a salary adjustment is requested, upon approval of the City Administrator, a copy of the Personnel Action Form is retained for the employee's personnel file and a copy is routed to Accounting. A copy is also sent to the employee. Merit Increases Upon successful completion of goals and priorities, an employee will be eligible for merit increases after completion of the probationary period and thereafter on an annual (every 12 months) basis until the top of the salary range is reached. Merit or step increases for satisfactory progress are ordinarily in 5% Increments. Lesser increases may be granted (e.g. 2 1/2%) for partial goal accomplishment with a new target date set for revising goals and balance of the merit increase. - 34 - 3 PERFORMANCE/MERIT REVIEW CYCLE CHART -- 35 - c to 4 c°� d co M M L IC 0: M a LO r L � M W � N QQ a �� C7 � sm v � iJ a c 3 m w 44 ...4 w.i N 0 � cr W 3-4 M M! w W N i Q W ag CK ca 4j a w M ti ri � „ v i L :6at �,.L-a- M a WO OAC S QAC N a q a 3 q -i O ' H ci L O V Q OC ko z Exceptional Increases If a Supervisor determines that an employee's progress is outstanding per performance review, the Supervisor may authorize exceptional salary increases within the salary range for the employee's classification. These may be either a greater percentage (e.g. 7 1,2X) or on earlier recognition of earned merit (e.g. 9 months). Promotion The City shall endeavor to fill job vacancies by promotion from within the organization. Internal recruitments may be used. The newly promoted employee will br, subject to a probation period of six months and will become eligible for a merit increase, and every 12 months thereafter in the new classification. Promotions will be made from the employee's current rate of pay to the nearest higher rate of pay in the new salary range by at least 5%. Employees must serve at least three months with the City before they are eligible for promotions. Police personnel are subject to the restrictions on promotions as outlined in the department manual. Acting Appointment Appointing personnel on an acting basis, to a higher classification, to fill a temporary vacancy may be made. Appointments shall be made for a minimum of 30 days up to a limit of 120 days. Temporary assignments of less than 30 days may be made at the employee's current rate of pay and considered a training opportunity. An employee holding an acting appointment of more than 30 days shall receive a pay increase not to exceed a total of 10% from their current salary for the duration of the acting appointment. Decisions regarding these appointments will be made by the City Administrator within two weeks of the day that the employee assumes the responsibility of the higher classification, and pay increases shall become effective on the date of appointment. Non—super#4isory employees who are appointed to fill supervisory positions on an acting basis shall remain temporarily in the bargaining unit, if a member, during the period of acting appointment. Transfer 1. Transfer requests shall be handled in the following manner: A. Transfer requests shall be given consideration when a suitable vacancy ocurs. B. A newly transferred employee will be subject to a probation period of six months. ' — 36 — z 2. Transfer requests within the same class, and out of class, shall be handled in the following manner: A. An employee may transfer within a class if the Personnel Director finds the two positions were comparable. 8. Transfers may be requested by an employee, however, the granting of a transfer is discretionary with the City Administrator. C. Requests, including a resume of qualifications from employees for transfers from one department to another, shall be initiated by the employee and shall be made in writing and directed to the employee's immediate Supervisor with copies to the appropriate hiring Department Head and the City Administrator. 3. Transfer Out of Class: An employee may transfer out of class if the Personnel Director finds that the employee meets the minimum requirements for the position in the new class. Demotion When an employee is demoted, the rate of pay shall be determined as follows: 1. In Lieu of Layoff A. If the salary received in a higher classification falls within the pay range of the lesser classification to which the employee is demoted, the rate of pay shall remain the same. 0. If the salary received in the higher classification is greater than the top of the pay range of the classification to which demoted, the salary shall be reduced to the top of the pay range of the lower classification. 2. Other Reasons for Demotion A. Following Original Appointment. In lieu of termination, a new employee may be offered a lower level position during the probationary period, following original appointment, if performance in the higher position is unsatisfactory. The pay rate shall be no less than the minimum of the pay range of the class to which the employee is demoted, but may be anywhere within the range no greater in pay than pay in the higher position. B. Following Promotion. When a regular employee is demoted during the probationary period following promotion from a lower level position with the City, pay shall be set equivalent to that rate in effect prior to the promotion. At the discretion of the City Administrator, any permitted increases that the employee would have been eligible for may be allowed, subject to a Performance Evaluation. _ x - 37 - C. Disciplinary Demotion. When a disciplinary demotion occurs, pay shall be set at the same position in the lower classification. Suspension Disciplinary _ Suspension. An employee may be suspended from duty for disciplinary reasons for a period not to exceed 30 days. Disciplinary suspensions shall be without pay. Administrative Suspension. An employee may be suspended with pay for five days for the purpose of investigating grounds for disciplinary suspension or dismissal. Separation 1. Upon separation of any employee for any reasons, the employee shall be paid a lump sum payment within 24 hours of date of termination for all earned but unused compensatory, holiday, vacation credits and other unused accrued benefits. (Suspension does not equal Separation) 2. Before separation, all employees must complete an exit interview with their Supervisor. The purpose of this interview is to clarify the factors leading to the separation for the benefit of both the employee and employer. A summary of this interview shall be prepared on the form provided, signed by both parties, and placed as the final document in the employee's personnel file. Every employee has the right to refuse to sign en exit interview form in which the employee's Supervisor shali so note on the form and then place it in the personnel file. If the employee is not available, his Supervisor �- shall complete the exit interview form. 3. Before an employee's termination date, they must complete the separation clearance and return all equipment and keys. In addition, they must complete a form relating to the future release of information from their personnel file. 4. If the employee's termination date does not coincide with the last day of a pay period, the employee will receive compensation for time worked based on an hourly pay schedule. a. If the employee leaves the City voluntarily prior to completion of the first month of service, the individual shall not accrue vacation, sick, holiday or leave credits. Layoff If there are changes in the organization, lack of sufficient work or changes adversely affecting City finances or f,.,tods, the City Administrator may lay off employees. Employees may bump or be offered transfers or demotions to other positions from which the employee has advanced. — 38 — 1. Employees shall be given not less than ten working days written notice and shall be laid off based on seniority; where merit and ability are equal. 2. Any employee who is to be laid off who had advanced to their present classification from a lower classification in which they held a regular appointment shall be eligible to fill a vacant position, if funds are budgeted and if the position is authorized in a lower classification. 3. Seniority in the lower classification shall be established according to the date of original appointment to that class. If two or more employees start on the same date, their order of seniority shall be determined by lot. 4. Employees shall be called back from layoff according to seniority in the class from which the employee(s) were laid off within the department. 5. No new employees shall be hired in a class until all employees on layoff status in that class have had the opportunity to return to work. S. An employee on layoff status shall accept or decline an opening within 3 working days following notice of an available position. They must be prepared to return to work within 5 working days of accepting a position. 7. Regular employees shall receive severance pay based upon their current rate of pay. Temporary employees are not eligible. Time Worked For The City From Date of Hire. Amount Of Pay! 6 months but less than 2 years 2 weeks pay 2 years but less than 3 years 3 weeks pay 3 years but less than 4 years 4 weeks pay 4 years plus 5 weeks pay In the event the City provides notice of at least 3 months, severance pay may be reduced by 50%. 8. If the employee is recalled and had a break in service due to a layoff, and that break does not exceed six months, then all previous seniority, leave and vacation accrual balances, and time toward eligibility of insurance benefits will be restored. 9. Furlough is a temporary layoff without severance or bumping rights. Resignation If circumstances make it necessary for an employee to resign, a written resignation should be submitted to the Department Head and the City Administrator. This should state the reason for resigning and give at least 10 working days notice. Failure to submit a timely written resignation may result in the exclusion from future hiring considerations if the record indicates resignation not in good standing. z — 39 — Termination Or Transfer For Medical Reasons When it is determined, on the basis of a medical examination, that an employee is incapable of performing the duties of their position satisfactorily because of a physical or mental disability which is likely to continue indefinitely or to recur frequently, the appointment may be terminated after 6 months of incapacitatian. During the 6 months period of disability, the employee receives no pay (unless sick leave, vacation credits, or other accrued benefits are available) or benefits but remains on active status with the City, However, every effort will be made to reassign the employee to a position within their physical and mental capabilities. Final decisions in this area will be made by the City Administrator. Dismissal An employee may be dismissed only for conduct contrary to the employer's interest or for work performance falling below the established standards. All dismissals are subject to the approval or denial of the City Administrator. Grounds for such action must be documented in a Performance Review. i. P. :Y s Z 40 a� SECTION VI WORK RELATED ALLOWANCES Lodging Employee's lodging expenses will be covered while traveling on City business. Employees may pre-pay or request necessary funds for travel and lodging expense prior to departure. Employees are expected to be reasonable in selection of accommodations. Per Diem Advance Any employee traveling on City business may request in addition to transportation and lodging expenses, a per diem advance up to $25.00 per day for each day of a conference, meeting, etc. Upon return, the employee will be required to account for the use of per diem (receipts or a statement of expenses) and return any unused portion. A monthly reimbursement (Appendix E) or a petty cash form (Appendix F) may be used to account for per diem expenses. Clothing And Uniform Police Service 1. If an employee is required to wear a uniform, such uniform shall be furnished by the City, and the City shall pay for the initial tailoring. Any required leatherware and personal firearm is specifically excluded from this provision and shall be the responsibility of the employee. If a newly hired police officer can't afford to purchase leatherware and a personal firearm, he may request in writing a salary advance. The Police Chief will then review the request and forward it to the City Administrator for approval. The Salary advance must be repaid through payroll deduction within the fiscal year of hire. If the employee leaves for any reason before the expiration of the fiscal year of hire, the salary advance must still be repaid upon separation from the city. 2. The employee shall make restitution to the City for loss or damage to any City supplied uniform, unless such loss or damage occurred in the line of duty and was not caused by negligence on the part of the employee. Proper maintenance of a required uniform is the responsibility of the employee (see TPOA contract for uniform cleaning). 3. The City will provide a clothing allowance for employees assigned to the Police Investigative Division for periods exceeding 30 days on a reimbursement basis as specified by contract. 4. The City may at its discretion reimburse employees for personal property reasonably and necessarily worn or carried when such property is stolen, damaged, or destroyed as a direct result of the employee's performance of officiate duties. Reimbursement shall not be granted if negligence or wrongful conduct of the employee was a substantial contributing factor to the theft, damage, or destruction. - 41 - 5. Other per contract Other Employees 4 Each July 1, employees in the following classifications receive a $7U credit for replacement clothing allowance. Upon presentation of a receipt, employees will be reimbursed for work related clothing. The City Administrator, at his sole discretion, may allow a pro rata adjustment for clothing replacement allowance for new hires during the fiscal year upon their completion of the probationary period. Utility Worker Engineering Technician Building Inspector Maintenance Worker Laborer Mechanic Auto Service Worker Crew Chief Mileage Reimbursement Whenever an employee is authorized to use a personal vehicle in the performance of official City duties, the employee shall be compensated at the IPS rate per mile, if such mileage meets the following conditions. 1. All mileage compensation shall be as a result of authorized personal r vehicle use. "Authorized" means approved by the employee's Department Head or the City Administrator. 2. Driving to and from the usual work site is the employee's responsibility and is not reimbursable. 3. Reimbursable uses include: the use of a personal vehicle to attend out-of—town functions, training sessions, and meetings, when such functions are a requirement of the employee's job or are deemed desirable by their Department Head or the City Administrator. 4. When an employee is required to have more than one work site, or is required to travel in the normal course of work, mileage will be reimbursed for all trips which occur during the workday except for the original reporting to work and the final departure from work. 5. When an employee is required to attend night meetings they will be reimbursed for mileage from their point of departure to the meeting and from the meeting to their home. 6. For work sites, meetings, etc. , outside Tigard, mileage will be measured from City Hall to the location in question, or from the employee's point of departure to the location in question, whichever is the shorter. 7. Employees must request reimbursement claims for mileage within 30 days, either on petty cash or monthly reimbursement forms. — 42 — Out-Of-Town Travel All travel on City business outside of an area of 300 miles of Tigard, shall be by air (Economy Fare), unless the City Administrator authorizes another mode of transportation. Tickets will be purchased through the office of the Finance Director. For travel inside an area of 300 miles of Tigard, the employee will be provided with transportation expenses for the mode of travel approved by the City Administrator (bus, train, City vehicle, personal vehicle, etc.). t f � 43 a SECTION VII EMPLOYEE RIGHTS AND RELATIONS Appearance, Conduct and Discipline Policy Statement. Public relations shall be an integral part of each employee's job. All employees shall be neat and clean in appearance consistent with their job assignment and shall conduct themselves in a manner which is appropriate for an employee in the public service. Employees shall be courteous, efficient and helpful to everyone in their work and shall do the best job possible on every assignment. Employees should dress and groom in a manner which will not impair or restrict their movements in cases where this might cause safety problems. Personal appearance may be grounds for disciplinary action, but this action shall not exceed an oral reprimand (on the first occasion) except in cases where the safety of the employee or others is a factor. General Conduct. It is recognized to be the obligation of all employees to be courteous and efficient in the performance of their duties. Employees are expected to establish and maintain harmonious and effective working relationships with other employees and departments. A friendliness and willingness to help should be exhibited during telephone calls, in letters, and in person—to—person conversations, while at the same time being as brief and concise as possible. In addition, employees should always strive to reduce costs of supplies and services in every practical manner, and to be as careful with public property as with their own. t Grounds for Disciplinary Action — Conduct. Employee conduct as stated below will be grounds for disciplinary action up to and including dismissal. Causes for disciplinary action relating to conduct include jab related conduct contrary to the employee's or public's best interest but are not limited to: 1. Improper use of position as an employee for personal gain. s. Solicitation of a contribution, response or action in the name of the City designed to further a political or charitable cause. 3. Use of intoxicants or mind altering drugs while on the job, or use of prescription drugs which impair ability to perform endangering either the employee or the employer, or arriving on the job under the influence of such substances. A. Insubordination and/or discourteous treatment of a Supervisor, Department Head, City Administrator, City Councilor, the public or a fellow employee. 5. Gambling for items of value during the workday. 6. Being adjudged guilty of a crime which brings discredit to the City or hinders the employee's ability to perform in job capacity. - 44 — 7. Refusal to seek treatment or resolution of personal problems which affect work performance (including but not limited to: emotional or family problems, drug abuse or addiction, alcoholism). 8. Inattention to or dereliction of duty which would endanger the employee's own safety or the safety of others. 9. Acceptance of gratuities or presents designed to affect the City's response to the public or special interest groups (e.g. taking bribes for action), whether or not an effect or influence actually occurred or resulted. 10. Taking City equipment or property off City premises for personal use, or taking City equipment or property off City premises for City use without specific prior knowledge and approval by Supervisor. Grounds for Disciplinary Action - Work Performance. The following are examples of grounds for disciplinary action based on work performance: 1. Failure to follow directions from the Supervisor or Department Head. 2. Failure to perform assigned work, or to apply reasonable judgment or discretion in performance of the job assignment. 3. Abusing or being wasteful of materials, property or working time. 4. Failing to report to the Department Head when absent, or being absent without permission. 1 5. Habitual absence or tardiness even if excused, authorized or non-authorized. 6. Discussion of confidential City business with unauthorized persons or providing unrequested er unnecessary information contrary to an efficient use of the employee's time. 7. Refusal to report in an official emergency, or knowingly leaving a safety hazard unreported. Disciplinary Actions. Disciplinary actions include and are limited to the following: Oral Reprimand, Written Reprimand, Delaying an Advancement, Extension of Probation, 30-Day Disciplinary Probation, Reduction in Pay or Other Monetary Assessment, Demotion, Suspension, and Discharge. Employees may be subjected to only those disciplinary actions specified by contract or as prescribed in this Manual. All disciplinary actions are to be completed in private. Procedures For Disciplinary Actions (May include more than one) 1. Oral Reprimand. Formal or informal interview between the employee and the Supervisor or Department Head. This must always be private. Oral reprimands are not documented in the employee's personnel file. A verbal on-site correction or coaching by the employee's Supervisor does not equal an oral reprimand. - 45 - ss j' 2. Written Reprimand. Must be presented to the employee and discussed between the employee and their Department Head. The employee must affix a signature to the written reprimand before it is placed in the personnel file. Signing by an employee does not imply agreement or void appeal of grievance rights, it merely means acknowledgement. Refusal to sign is addressed in this Section under refusal to sign a disciplinary action. 3. Delaying an Advancement. This must be explained in the performance review. Employee must affix a signature before it is placed in their personnel file. Delay not longer than 3 months with monthly coaching progress reviews. 4. Extension of probation. This must be explained on the performance review completed at the time the probationary period is scheduled to end. Extension shall not exceed three (3) months. This must be approved by the City Administrator and signed by the employee. 5. 30-Day Disciplinary probation. This is a "last chance" period for an employee to correct repetitive problems prior to harsher disciplinary action. This action will be subject to a performance review. The notification must be provided to the employee in writing and approved by the City Administrator. If the specific behavior or problem is not corrected within the 30-day period, harsher disciplinary actions will be undertaken. 6. Reduction in Pay or Other Monetary Assessment. Notice must be given to the employee in writing from the department Head with the approval of the City Administrator. If a reduction in pay occurs, a special performance review shall be completed after three (3) months to determine if the pay should be re-elevated. No reduction in pay shall exceed 5%, No monetary assessment shall exceed a payback rate of more than 5% of the employee's net pay per pay period. 7. Demotion. An employee may be demoted for work performance falling below the established standards. All demotions will be subject to a performance review. Pay will be set at the tame relative position in the pay range in the lower classification. 9. Progess Reviews. Monthly written coaching reviews. (See Section IV.) 9. Suspension A. Administrative Suspension. When an employee is subject to a disciplinary suspension or dismissal, they must first be placed on administrative suspension not to exceed 5 working days pending investigation (with pay). Notice must be given in writing from the Department Head with the approval of the City Administrator. Investigations, at a minimum, must include statements from concerned parties (public complainants, supervisors, other employees and/or witnesses). The result of the investigation and the action to be taken must be prepared in writing and provided to the employee before the end of the 5-day suspension. f�^ Temporary disciplinary suspension without pay may be applied s beyond the 5-day administrative suspension once a pre-termination hearing has been held. - 46 - In situations of conduct violations where it is deemed necessary to remove the employee immediately from the situation (work site), they may be suspended by oral command of the Department Head or person in charge in the Department Head's absence, or the City Administrator. Suspensions of this type shall be with pay and limited to the remainder of the employee's current shift plus one day. If the action was taken by someone other than the Department Head, that person must provide a written report of the incident to the Department Head no later than 5:00 a.m. the following workday. The Department Head must make a decision on further investigation or disciplinary action to be taken and inform the employee of their decision no later than 5:00 p.m. that day. B. Disciplinary Suspension. Employees may be suspended without pay for up to 30 calendar days for disciplinary reasons. Notice must be given to the employee in writing from the Department Head with thQ approval of the City Administrator. Employees must be put on Administrative Suspension (below) for 5 working days pending investigation prior to a non-paid disciplinary suspension. 10. Dismissal. An employee may be dismissed for a major conduct violation, repetition of minor conduct violations, or for work perfarmance falling below the established standards. Dismissal pr� c=�adings shall be handled in the following manner: A. When it has been determined that disciplinary action and possible termination may be appropriate, then a pre-review hearing shall be held between the employee and his Department Head. Written findings shall be reviewed with the employee. The employee shall be afforded an opportunity to respond orally or in writing. A written summary of the review shall be prepared by the Department Head. B. If upon review the Department Head is recommending termination, then the findings, conclusions, recommendations, and summary shall be forwarded to the City Administrator. The City Administrator shall review the record and meet with the employee. 1. The City Administrator may refer the matter to a hearings officer, hearings body or may conduct the termination hearing directly. The City Administrator shall make the final determination in all cases affecting termination. 2. The employee shall be afforded the opportunity at this termination hearing to respond either orally or in writing to the Department Head's summary. 3. Grounds for such action must be well documented on a performance review. 4. When an employee is dismissed, they will be required to hold an exit interview with their choice of their Supervisor, Department Head or the City Administrator to further understand the reasons for the action. - 47 -- Refusal to Sign a Disciplinary Action. Employees shall have the opportunity to sign, but if they refuse, the employee's Department Head f' shall so note and the disciplinary action shall be placed in the employee personnel file and take effect. Disciplinary Appeals. A disciplinary appeal is a statement in writing from the employee explaining their objection to the disciplinary action. If the employee wishes not to sign the disciplinary action which has been brought against him, they should attach their disciplinary appeal to the disciplinary action in question. It should be attached to the written action in question, in lieu of a signature. The appeal should be submitted to the Department Head, or to the City Administrator (if the action was taken by the Department Head). The Department Head or City Administrator will review these appeals and render a written decision within 5 working days. If the employee is not satisfied with the decision, they may resort to the Grievance Procedures at Step II (if the appeal was made to the Department Head) or Step IV (if the appeal was made to the City Administrator). The employee may be represented as specified in the Grievance Procedures. Employees shall have freedom from reprisal for use of Disciplinary Appeals. Grievance Procedures (All employees. If grievance of Union contract, see Contract) Policy Statement. A grievance may arise from any real or imagined dissatisfaction of any employee regardless of their appointive status with the City. Procedure. After first attempting to resolve the grievance informally by discussin it as a grievance with the supervisor, the grievance procedure process shall be handled in the following manner: Responsibility No. Action Employee 1. Shall bring formal written notice of the grievance to the immediate supervisor within ten (10) working days from the occurance thereof, or the employee's knowledge thereof. This notice must be in writing and include: A. A statement of the grievance and relevant facts; 8. Remedy sought; and C. Provision of the contract or Personnel Manual violated (if applicable) or practices disputed. Supervisor 2. Shall reupond to the grievance in writing within 5 working days. E: 4; (il — 48 — Employee 3. May appeal, in writing, a grievance not resolved to the employee's supervisor, to their Department Head. Department Head 4. Shall respond in writing to the grievance within 5 working days. Employee S. May appeal, in writing, a grievance not resolved to the employee's satisfaction by the employee's Department Head to the City Administrator within 5 working days of the Department Head's response. City Administrator 6. Shall render a decision in writing within 10 working days. (Grievances related to breach of bargaining agreements should follow the process described in the contract from this point on.) The following procedures relate only to those employees not covered by contracts or grievances not related to contract provisions. Employee 7. If the employee is dissatisfied with the decision of the City Administrator, they may appeal, in writing, to the Grievance Committee. An employee appeal must be submitted in writing within 5 working days of their receipt of the decision of the City Administrator. 1. Grievance Committee. The Grievance Committee shall be an ad hoc committee appointed by the City Administrator for the purpose of providing a due process hearing. It shall be composed of members who have neither witnessed nor investigated the incident in question. Membership of the Committee shall include, as a minimum, the following: City Attorney — Chairman One Department Head (not from the employee's department) One Employee — (peer relationship) When an appeal is submitted to the City Administrator, the Administrator shall within 48 hours nominate 5 employees as Grievance Committee candidates. The aggrieved party must within 24 hours after reco2iving notice of nominees, challenge two of the candidates, resulting in a three member bowed. If the accused fails to challenge two of the Grievance Committee members, two shall be removed by �` random selection by the City Administrator. 49 — An aggrieved employee may be represented by any person in an advisory capacity, to assist in presenting all facts relevant to the grievance, and necessary to the equitable solution of the grievance. A grievance hearing before the Grievance Committee shall be an administrative hearing wherein the reasonable rules of evidence and court procedure need to be followed. The Chairman is responsible for the disclosure and evaluation of all factors relevant to the inquiry without prejudice to either party in the dispute. Generally, a court reporter will not be used, but if either side demands a transcriRt of the proceedings, the side so demanding shall bear the full expense of the court reporter and the transcript preparation. Within three (3) days following the close of the grievance hearing before the Grievance Committee, the Chairman shall submit a written recommendation to the City Administrator. At a minimum, this report shall include a digest of the proceedings, a brief statement of the facts presented by each side, and a conclusive decision which shall be binding upon the City and the employee. 2. ApDealFrom the Grievance Committee. There shall be no appeal from the decision of the Grievance Committee except where the grievance is a charge of unfair employment practices. In this type of case, the employee/c.pplicant may pursue further legal action. 3. General Ground Rules for Grievances. All employee grievances must follow this chain of appeal (or chain specified by contract). At no time will an employee bypass a Supervisor or Department Bead, or approach a City Council member with a grievance. All references to number of days will be understood as working days rather than calendar day. Time limits may be waived upon consent of both parties. In any meetings or hearings, the employee has the right to have a representative (union business agent, attorney, counsel, etc.) in attendance. Employees are encouraged to use the Grievance Procedure as a legitimate means of addressing and clarifying working relationships. Employees shall have freedom from reprisal for use of the Grievance Procedures. Personnel Records Policy Statement The inspection of any public record (i.e. personnel record), of a public agency shall be handled according to State Law ORS 192.420 — 192.500. Within these provisions of State law, the City shall otherwise maintain the privacy of these personnel records. — 50 — Administration of Personnel Records 1. The City Administrator, or his appointee for administrative purposes, shall maintain a personnel record for each employee. The personnel record shall show the employee's name, title, job description, department, salary, change in employment status, training received. disciplinary actions, and other such information as may be considered pertinent. 2. No material of any kind shall be placed in an employee's personnel file unless the employee has been allowed to read it and has indicated, by affixing their signature, that they have knowledge of that which is being placed in their file. Upon refusal to sign the document, the employee's Supervisor shall so note stating that the employee was given an opportunity to sign but refused. 3. The employee may place in the file comments regarding material which they consider to be derogatory. 4. No information, or portion thereof, from the employee's personnel file shall be reproduced or released by any person to outside parties for use outside of the personnel function except current salary, salary history, verification of employment, employment dates, performance reviews, and title without written consent of the employee. Also, every employee will be asked to prepare and sign a statement regarding future release of information from their personnel file at the time of their termination. 5. Upon termination, an employee shall retain the right to obtain copies of his entire personnel file for a period of two years following termination and consistent with ORS Records Retention Provisions. Requests should be made in writing to the Personnel Director. Employment Records All selection records including the application, interview notes, control questions/answers, written examination material, etc., are to be maintained in file for at least one year in accordance with Federal statutory requirements. All applications for posted positions will be maintained by the Personnel Division. Each department is responsible for sending records to the Personnel Division, which document all material aspects of its involvement in the selection process including (but not limited to) participants in selection, judgmental evaluations of candidates and the basis for such determinations, date and location of interviews, etc. Such records will be stored in a manner which affords retrieval. All such records are to be kept in complete confidentiality. Examinations developed and scored by outside parties will be retained by the Personnel Division. Reference Check Procedures For Employment By Other Employers It is City policy to provide reference check information in a matter that is consistent with law. Unless there is a written waiver, only { public information (starting date, termination date, and salary range) - 51 - r may be tendered. Liability waivers are available from the Personnel Director. Upon receipt of a written liability waiver, Department or Division Heads may personally release employment-related reference information. { — 52 — r` SECTION VIII SALARY AND CLASSIFICATION PLAN Policy Statement.. The classification plan is comprised of a list of classes of positions supported by written specifications setting forth the duties and responsibilities of each class and the qualifications necessary for appointment to a position within that class. Purpose: The purpose of the classification plan shall be to: 1. Provide like pay for like work. 2. Establish qualification standards for recruiting and testing purposes. 3. Provide the appointing authority with a means of analyzing work distribution, areas of responsibility, lines of authority, and other relationships between positions. 4. Assist the appointing authority in determining budget requirements. S. Provide a basis for developing standards of work performance. 6. Establish lines of promotion. T. Indicate training needs. Class A class shall be comprised of one or more positions that are similar in the basic character of their duties and responsibilities so that the same pay scale, title and qualification requirements can be applied. Job Description The Personnel Director shall be responsible for establishing and keeping current job descriptions for positions throughout the City. The job description shall state the characteristic duties, responsibilities, and qualifications for a position within a class. Job descriptions may be amended or clarified within the scope of the class by the Department Head and Personnel Director. Administration of The Classification Plan The classification plan shall be established and maintained through recommendations of the Department Head to the City Administrator. The City Administrator shall have final authority, and may establish a new class, create a new position within a class, or reclassify a position. Classification Designation All positions shall be designated as either Exempt, Non-Exempt or Police Service. - 53 - MM t' Classification listings are set forth in Appendix H. Position Reclassification If a substantial ongoing increase or decrease occurs in the complexity of duties and level of responsibility assigned to a position, the position may reclassified to a higher or lower salary range. Salary Range Adjustments If an employee's classification is revalued to a higher or lower salary range as a result of a change in the market rates for that work, an employee's salary will be adjusted and relative step position maintained within new minimum and maximum ranges, Changes in salary ranges must be approved and adopted by the City Council, either by salary and classification plan adoption or union contract approval. � ° — 54 — SECTION IX COMPENSATION PAY PLAN AND ADMINISTRATION The pay plan shall prescribe the pay range for each classification. The City maintains a pay range for each class of positions indicating a minimum and maximum pay rate. These ranges and the classes assigned to them are reviewed and adjusted annually to reflect changes in the labor market. Appointment Rate When a person receives an original appointment to a specific job class, whether it be full or part time, the person shall normally be paid the beginning rate within the pay range. Appointment at the second step position may be made by the Department Head if the individual's qualifications and needs of the City require appointment beyond entry step. Appointment beyond the step two position requires specific approval of the City Administrator. Pay Periods Pay periods shall cover the time between the 1st and 15th and the 16 and the end of each month. When the 5th or 20th falls on a Saturday, Sunday or holiday, pay checks shall be issued on the previous workday. Changas in the Accounting Department may necessitate alteration in the above scheduled pay day. Individuals wishing to receive their pay checks earlier than on the scheduled pay day must receive written approval by the City Administrator. Merit System Merit increases are contingent upon an employee°s ability to meet established goals set forth in a performance review. Employees are eligible for merit review upon successful completion of their probationary period and every 12 months thereafter until they reach the top of the pay range of their classification. At the semi-annual progress review, exceptional performance and good achievement may be acknowledged and an earlier merit review scheduled (e.g. at the 9th month). Part Time Employees - Overtime Part-time employees (or employees working less than 40 hours) will receive compensation at straight time if the hours worked are less than forty hours in any one-week period. Overtime actually worked in excess of rorty hours in a week or over S hours (10 on 4/40) mpens l be compensated at one and one half the regular rate of pay 0 ry time off. - 55 -- EmeMencv Overtime The City Administrator may declare an emergency during periods of disruption resulting From accidents, acts of God, or events of crisis proportions. He shall notify Department Heads by any means available and may instruct them to deploy their subordinates from home, job, or any other place for the purpose of alleviating such emergency situations. Failure to report to duty under these circumstances will be grounds for disciplinary action, In cases of emergency overtime, the employee will receive overtime compensation in accordance with Section III of this manual. — 56 — SECTION X EMPLOYEE BENEFITS Leave Benefits And Regulations Policy Statement. All employee benefits and leaves provided to employees shall be offered without regard to race, religion, national origin, sex, age, marital status, or mental or physical handicap. Consideration will be given regarding religious holidays for those requesting such leave use authorization. Authorization for Leave. No payment for any leave of absence shall be made until the leave has been properly approved by the Department Head and/or the City Administrator. Holidays The City observes 11 paid holidays. There shall be nine (9) paid City holidays which shall coincide with existing official State holidays as to the date of observance. In addition, there shall be one (1) other holiday which shall consist of a "floating holiday" to be observed at the mutual convenience of the employer ,and employee, and the day after Thanksgiving shall be a holiday. Exempt and Non-Exempt Employees. Employees authorized to work on a�ey one of the holidays listed (not part of work schedule) sh&11 be compensated in addition to holiday pay at the rate of one and one half times their regular rate of pay for each of the first eight hours and at the rate of two times regular pay for any hours worked in excess of eight hours. At the discretion of the City Administrator, holiday compensation may be taken in the form of time off (compensatory time). Police Service Employees. In lieu of holidays, employees shall receive twelve eight-hour days of compensatory time off to be scheduled at the mutual convenience of the employee and employer. In the event of termination of employment, compensatory holiday time will be prorated on tho basis of one holiday per month between July 1st and the date of terv►ination. Part-Time Employees. Holiday benefits for permanent part-time employees shall be granted on a prorated basis (hours per week divided by 40). For example, a permanent part-time employee working 20 hours a week would be eligible for 4 hours holiday leave for observed holidays, including floating holiday. Employees will not be allowed to carry over to the next fiscal year more than three (3) holiday compensatory days. Any days in excess will be paid unless the employee requests and receives permission from the City Administrator to carry over such days. - 57 - Scheduled Holidays observed by the City are: New Years Day January 1 Lincoln's Birthday February 12 Washington's Birthday February 22 Memorial Day May 30 Independence Day July 4 Labor day First Monday in September Veteran's Day November 11 Thanksgiving Fourth Thursday in November Friday After Thanksgiving 4th Friday in November Christmas December 25 Floating Holiday Floating Holiday. To be observed at the mutual convenience of the employee and employer. Any floating holiday that is not used will be added to your vacation time. Holidays which occur during vacation or sick leave shall not be charged against such leave. Vacation Computation of Vacation Leave Time. The Finance Director or designee shall compute vacation leave time for each employee and post updated lists of accumulated leave time monthly. Accumulation of Vacation Time. Please refer to Appendix 0. Part Time EM10yeas. A permanent parttime employee shall accrue vacation leave on a prorated basis (hours per week divided by 40). Temporary employees are not eligible for vacation leave. Additional Vacation OU. One additional vacation day shall be added to the vacation accumulation of any employee who completes 12 consecutive months, of service without absence due to illness or injury. Accrued Vacation. Accrued vacation shall be credited as earned vacation for each month of service, or prorated for each fractional month, expressed to the half--month of service, in accordance with Appendix 0. A vacation award of 6 days shall be granted after the employee completes the first 6 months of continuous service. Maximum Vacation Accumulation. If, on the first working day of each fiscal year, an employee's earned but unused vacation credits exceeds one year's accumulation as established in Appendix 0, the employee shall be responsible for initiating a request to the City Administrator for authorization to carry such credits into the next year along with a statement as to the planned use of excess accrual. The maximum vacation accumulation shall be 192 hours accrued as established in Appendix 0. The City Administrator may authorize carry-over due to extenuating circumstances. - 58 - Scheduling Your Vacation. The City will provide copies of seniority lists on January 1 and July 1 of each year and shall post the list in a conspicuous place available to the employees. Preference in vacation scheduling shall be by seniority within the department, provided that requests are made before April 15th of each year. Vacation requests must be submitted to the appropriate Department Head and approval obtained prior to taking vacation leave. Vacation leave Accumulated at Time of Termination. Upon separation of an employee for any reason, the employee shall be paid a lump sum payment for all earned but unused vacation credits. The employee will also be paid for an unused floating holiday on the following schedule: 1/2 pay if the termination date occurs during the first six months of the fiscal; or full day paid if the termination occurs during the last six months of the fiscal year. Sick Leave The purpose of sick leave is to allow continuation of pay while an employee recuperates from an illness, or other approved reason causing absence. It is also intended to provide employees with the assurance of pay in order that they may be away from the job to avoid exposing others to illness. Employees shall be credited with one (1) day (8 hoL;rs) of accumulated sick leave for each full calendar month actively employed by the City. All permanent employees and all probationary employees (after 30 days employment) are allowed sick leave for non-occupational disability. Sisk leave accumulation shall be unlimited. Sick leave benefits for permanent part-time employees (20 hours per week or more) shall be granted on a prorated basis (hours per week divided by 40). Accumulated sick leave shall be payable at the employee's regular straight time rate in an amount equal to the time the employee would have worked, to a maximum of eight (8) hours per day. Employees may utilize their allowance for sick leave whenever they are unable to perform their work duties by reason of their illness, non-occupational injury. In the event an employee is absent from work because of sickness or injury, the employee shall notify the Supervisor within the first half-hour of the scheduled start time of his reason for being absent. Such notice shall in no event be given later than the first half-hour of the regular work shift. However, should an employee fail to call within the first half-hour of the regular work shift due to extreme illness, a physician's statement may be required by the Supervisor and shall be paid for by the City when so required and in the event the employee's health insurance does not cover the cost. 59 - Employees may use sick leave where there is an illness in their family which necessitates making arrangements for the ill relative. Members of an employee's family is defined as relatives and dependents domiciled in the employee's household. Variances to this policy are to be approved by the City Administrator prior to authorization of sick leave. In the case of on-the-job injuries covered by Workers' Compensation, the City will provide to the employee an amount equal to the difference between the payments received for Workers' Compensation time loss benefits and regular net salary, for a period not to exceed sixty (60) calendar days. Whenever an employee receives a check for Workers' Compensation time loss benefits, he shall report to the Finance Director of the City in writing the amount of the check and the period for which it represents payment. Sick leave will not be charged to the employee for injuries covered by Workers' Compensation. An employee may, upon separation from the City, cash out no more than 96 hours of accumulated sick leave at the employees regular straight time rate. An employee shall receive one extra vacation day for 12 consecutive months, of non-use of sick leave. Effective July 1, 1983, and every July 1 thereafter, each employee shall receive sixteen (16) hours appointment leave to be used for doctor and dental appointments. (Appointment leave will be non-accumulative and f will not count against bonus vacation day.) Official Record of Sick Leave. The Finance Director or his designee shall maintain a permanent record of approved sick leave for each employee. Sick leave reports shall be posted monthly for the employee's review. Second Medical Opinion. In cases of disability certified by an employee's personal physician, the City has the right to obtain a second medical opinion to confirm the employee's limited ability or inability to work. Such examinations will be performed by a licensed physician of the City's choosing, and at City expense. The consulting physician shall submit a written report to the City Administrator who will make all final decisions with regard to granting sick leave benefits. Employees who refuse to submit to such an examination may become ineligible for sick leave benefits (for the particular disability in question). Salary Continuation/Disability.- In the event an employee is disabled for a period of 60 working days due to illness of off the job injury, the individual's salary will continue at 60% up to $1,000 for non-exempt and $2,000 per month for exempt employees. - 60 - Maternity Leave Maternity leave shall be covered by sick leave or disability insurance pay during the period that the employee's doctor certifies "disability". The employee will be required to provide written certification before such payments are made. The length of leave: both prior to and after delivery, is a decision to be made by the employee and her doctor. Any time taken before or after the certified period of disability must be taken as compensatory time, vacation time, or leave without pay. The employee must notify her Supervisor in writing of her intention to return to work (including date of return) at least fifteen (15) working days prior to the commencement of her maternity leave, and within fifteen (15) days after delivery she must reaffirm her intention to return to work in order to assure her position will be held open. An employee who confirms her intention to return to work in accordance with the above shall have her position held open until the date specified in her statement of intention. During the sick leave or disability period of maternity, vacation leave, seniority, and time towards annual evaluations shall accrue. In addition, health and other benefits will continue without interruption. During periods of disability, insurance pay, health, dental, and life insurance benefits will be discontinued. However, the employee will have the option of picking up health insurance at their own expense (group rate) for the period of ninety (90) days. During the period of leave without pay, standards rules governing seniority accrual, leave and fringe benefits under leave without pay shall apply. Pregnancy shall not constitute grounds for disciplinary action or dismissal. Compassionate Leave In the event of death in the employee's immediate family (spouse, parent, child, grandparent, grandchild, immediate in-law, or any other person who is significant to the employee) the City Administrator may grant time off with pay, not to exceed five (5) working days. The City Administrator may allow additional paid time off at his discretion. Military Leave Any employee who is a member of the National Guard, National Guard Resurve or any reserve component of the Armed Forces of the United States is entitled, upon request, to a leave of absence from his duties for a period not exceeding 15 days in any one calendar year, without loss of time, pay, or regular leave in accordance with ORS 408.210 - 408.290 (Resolution No. 82-75). 1. Request Procedure. A copy of orders must be presented to the Department Head, subject to the approval of the City Administrator. - 61 - 2. Reimbursement of Pay to the City. Employees receiving allowances from the National Guard, National Guard Reserve or any reserve component of the Armed Forces of the United States must submit the allowance to payroll if the employee is on paid leave during military active duty or training. 3. Volunteer Service. Employees volunteering for service shall be granted leave without pay in accordance with ORS 408.290 for the duration of volunteer military service. Civil leave Employees shall be granted leave with pay for service on a jury or upon being subpoenaed as a witness, provided the employee seeks all fees due him for jury or witness duty, except mileage reimbursement and turn said fees over to the City. Religious leave A leave of absence may be granted for the purpose of observing or attending religious services for holidays of major theological importance. A written request must be made to the immediate Supervisor, subject to the approval of the City Administrator, prior to taking such leave. Voting Leave 'When an employee's work schedule is such that they would not be able to ( vote prior to or after their regular work hours, they will be granted a reasonable time off duty to vote without loss of pay. A verbal request should be made to the immediate Supervisor and is subject to their approval. Insurance Benefits Every employee shall be issued brochures explaining the policies available, the eligibility requirements, limitations and coverage as part of New Employee Orientation. Insurance benefits are granted on a pro rata basis (hours per week divided by 40) to permanent part—time employees (20 hours per week or more). However, the employee is responsible for picking up the apportioned premium at their expense in order to provide the full amount of coverage. Such amounts shall be deducted from the employee's pay check by completing the appropriate payroll deduction slip. Workers' Compensation and personal liability coverage is paid for by the City. Workers' Compensation Account. The City contributes to a Workers' Compensation Account on behalf of all employees in the event of on—the—job injury. Personal Liability Insurance. The City shall insure against the personal liability of employees for damages, excluding the provisions of ORS 30.285 in the case of malfeasance in office or willful or wanton neglect of duty. — 62 — Kaiser or Blue Cross Health Plan. The City provides health coverage for employee and dependents. You must select the plan you wart. This coverage will take effect two months after employment if you are employed on the first of the month. Oregon Dental Service (ODS). The City provides full dental coverage for employee and dependents, equivalent to the Oregon Dental Service 70/30 Incentive Plan. This coverage will start three months after employment if you are employed on the first of the month. Life Insurance. Furnished by the City in the amount of $25,000 for all Exempt and Non-Exempt personnel Every employee is eligible for life insurance after two months of service, meeting the requirements of ORS 243.005, for Police personnel. Police Service employees receive a $25,000 insurance benefit which meets the requirements of ORS 243.005, and is extended to provide 24-hour life insurance protection. Disability„/Salary Continuation Insurance. The employee is carried on sick leave until leave is exhausted or after 60 working days of disability. Salary is continued at 60% of basic monthly salary up to a limit of $1,000 per month for Non-Exempt employees and up to a limit of $2,000 per month for Exempt employees. Employees are eligible to be enrolled for this coverage after six months of service. Retirement. The City contributes 8% of the monthly salary un behalf of the Exempt and Non-Exempt employee after the first six months of continuous service to either an individual retirement account or a deferred compensation plan. The City provides retirement benefits for police service employees which meet the requirements of State legislation and is equal to or better than PERS for all other employees. - 63 - SECTION XI SAFETY AND WORKING CONDITIONS F Job Safety t Policy Statement. It is the City's desire to provide a safe work place, safe equipment, proper materials, and to establish and insist upon safe methods and practices at all times. No job will be considered performed properly unless the worker has followed every precaution and accident prevention rule to protect himself and his fellow workers. No employee, Supervisor, or Department Head may ever be relieved of any part of responsibility for accident prevention. When a person takes a job with the City of Tigard, he has a right to expect that he will be provided with a hazard free work environment and proper tools and equipment with which to do his job, so that he will be able to perform his work with no danger to his life or health. It is a 3 way responsibility of management, the employee and the safety committee to make safety a daily concern. City of Tigard Safety Program. The City of Tigard is dedicated to the establishment and maintenance of a work environment that has minimum potential of endangering human life or health. This can only be accomplished if there is a good, ongoing safety program and full cooperation of management, employees and the safety committee. 1. Management is responsible for making every effort to maintain a reasonably safe work environment that is in compliance with State and Federal safety laws. 2. Employees are responsible for using safety methods, practices, and equipment relevant to the job being performed. Employees are also responsible for reporting faulty equipment, unsafe practices of fellow employees or management, and/or unsafe conditions of work areas. 3. The Safety Committee is responsible for assisting the departments in helping to create a hazard free work environment by recommending to management how to eliminate hazards in the workplace and promote employee adherence to safe work practices and by using lines of communication to promote cooperative attitudes between all persons involved in the operations of the workplace. The Safety Committee functions in a staff or advisory capacity. Authority And Responsibility Citv Administrator and Department Heads 1. Shall determine and budget funds necessary to bring the City into compliance with the established legal minimum OSHA safety standards, also insuring that an adequate number of staff are certified in CPR and other life—saving techniques. n — 64 — 2. Shall review serious accidents and discuss the corrective actions that have been taken. If necessary, recommend additional corrective actions that need to be taken to minimize reoccurrence. 3. Shall review accident trends and costs quarterly. 4. Shall establish city-wide safety objectives and goals. 5. Shall develop general safety rules. 6. Shall assure the development of specific job—related safety rules and procedures. 7. Shall monitor safety training activities, 8. Shall monitor emergency treatment procedures. 9. Shall develop and monitor awards and discipline policies for all levels of responsibility. 10. Shall monitor all disciplinary actions taken against subordinate employees for safety violations. Include safety performance as a factor in salary/performance reviews. Division Heads 1. Shall have a working knowledge of applicable health and safety codes. 2. Shall implement a complete safety program within the division. 3. Shall monitor the inspection of equipment and facilities. 4. Shall review accident and injury trends. Take additional corrective actions when it is necessary. 5. Shall review safety meeting reports from line Supervisor(s). Make recommendations on areas of emphasis. 6. Shall monitor/administer all disciplinary actions taken against subordinate employees for safety violations. Include safety performance as a factor in merit reviews. Supervisors 1. Shall be responsible and will be held accountable for creating and maintaining a safe work environment within their, areas of authority. The Supervisor shall review employee accidents and take corrective action including work evaluation and/or discipline considerations when necessary. 2. Shall have a working knowledge of health and safety codes. 3. Shall conduct safety meetings regularly, — 65 — 9 3 4. Shall conduct safety inspections of equipment and facilities monthly. �^ 5. Shall investigate all accidents immediately. Determine cause and take corrective actions when applicable. Report to Division Head. 6. Shall take action to correct any known hazardous condition. 7. Shall consult with the Division Head on all safety problems that cannot be corrected at the line Supervisor level. 8. Shall take disciplinary action against all subordinate employees for safety violations. Employees 1. Shall become familiar with established safety rules. 2. Shall comply with established safety rules, practices, and procedures. 3. Shall report unsafe work conditions, practices, or methods to their immediate supervisor. Personnel Director 1. Shall assist each department in the administration of their safety program. ( 2. Shall serve as a resource to each department for program development and consultation regarding specific hazards. 3. Shall provide statistical data to each department and assist in monitoring the progress of all programs. 4. Shall meet with both management and union representatives to discuss safety issues. 5. Shall respond to any notification of a hazardous job condition and resolve the issue satisfactorily. 6. Shall, under the authority of the City Administrator, Superviosr, Department Head or Division Supervisor issue a stop work order when a hazardous condition or procedure creates an "imminent danger" to the health and safety of any City employee. The order will remain in effect until the condition or procedure is corrected. Vehicular and Occupational Accident Reporting_ (City vehicles or employee's vehicle used on City business) 1. When a vehicular accident occurs, it must be reported immediately to the employee's Supervisor and the Tigard Police Department. The Supervisor investigates all accidents as soon as possible and completes a report to the Department Head and forwards a copy to the City Administrator and Personnel Department. The Tigard Police — 66 — Department will investigate all vehicular accidents involving City vehicles (providing the accident(s) occurs within the City limits). Otherwise, contact the appropriate enforcement agency, e.g. county, state. The Oreon State Police Department shall be responsible for investigating accidents involving Tigard City Police vehicles. A preliminary estimate of the damage to the vehicle(s) must be done. (This is the responsibility of the department in which the employee involved in the accident works.) After an investigation has been completed, the Supervisor must take appropriate action to minimize the passibility of a similar accident occurring again and any appropriate counseling or disciplinary action with the employee. 2. The employee shall immediately complete an incident report at least within 24 hours of the accident, if it is an occupational injury, detailing the time and date, nature of the injury and how the injury was sustained. The state and city insurance reports are completed by the employee if it is a vehicular accident. The reports are passed on to the Supervisor who will fill out the portions) of the form(s) to be completed by management. incident reports are then routed to the Division Supervisor and Department Head. When the reports are reviewed and no further action is deemed necessary, the form is routed to the Personnel Director within 48 .hours of the injury/accident. The state and city insurance forms are routed to the Finance Department within 48 hours of occurrence of the accident. Safety Meetings/Training. Safety meetings a-W training will be conducted on a regularly scheduled basis. The topic and length of the meeting/training should be determined on the basis of need. Safety Committee. The safety committee shall be organized to assist the departments in improving the effectiveness of their program. The general responsibilities of a safety committee are as follows: 1. To identify and monitor departmental accident trends. 2. To assist in identifying program needs. e.g. , training, improved inspections, first aid, etc. 3. To conduct general safety inspections and make recommendations to correct hazardous work conditions and procedures. This does not supersede the line responsibility for job site or work station inspections. 4. To review major accidents occurring within departments to evaluate what can be done, by using different procedures or training efforts, to avoid similar incidents in the future. 5. To request clarification of departmental safety policy where issues arise. 6. To provide support and serve as a resource to line Supervisors at monthly safety meetings. 67 — ter: 7. To evaluate the safety and risk factors associated with exposure to VDTs, CRTs and other potential safety hazards and will recommend action to the City Administrator. Posting Safety Information 1. Rules and Procedures. General and specific safety rules and procedures will be permanently posted in such locations as to be readily accessible to all employees. 2. Meeting/Training Dates. Notice of meeting and training dates will be posted long enough in advance to allow all employees to become aware of the date, time, and place of meeting/training (at least three working days). 3. Warning Signs. Warning signs, danger signs, warning flags, warning lights, or similar devices will be conspicuously posted at all locations where existing conditions warrant their use (See. OSHA Guidelines). 4. Compliance (Citation Per Safety Vioiatian). Each citation, or copies of the citation, will be posted in such locations in the place of employment as to reasonably inform the affected employees. Each citation will remain posted until conditions causing it to be issued have been corrected. 5. Discipline (Re. Safety). In accordance with established City procedures, disciplinary action will be taken in the event of safety violations. 6. Safety Eguiptnent. Employees will be responsible for providing any safety equipment not provided by the City that is essential to doing a job safely. Employees must use all safety equipment required "NECESSARY" for their assigned work. A clothing allowance is available to defray the expense of safety related work clothing. fi Y y. — 60 SECTION XII EDUCATION AND TRAINING Policy Statement f All employees are encouraged to take advantage of education and training benefits to improve their job skills and to qualify for transfers and promotions. These benefits are limited to training and education which is relevant to the employee's current position or "reasonable" transfer and promotion opportunities. "Reasonable" is defined as attaining the minimum qualification for promotion or transfer with no more than two years of additional education or training. These benefits will be available to all employees on a first come first serve basis, subject to the availability of budgeted funds. Departments may establish priority or allotment schedules for training money. If a Supervisor or employee desires to attend a particular class or seminar, the employee completes a Request for Training Form and submits the form to the Supervisor and the Department Head for approval. Any request over $500 is forwarded to the City Administrator for approval. Requests for education and training (Appendix J) may be initiated by either the employee or the immediate Supervisor, Training requests and training completed shall be identified on the Performance Review forms. Education Reimbursement 1. Request Procedure. Employees must submit a written request, with a proposed curriculum of study, to the Department Head with a copy to the Personnel Director, at least 15 days prior to the registration deadline for such classes. Requests will be considered for attendance at accredited colleges, universities, and business and technical schools for single courses or programs leading to a degree or certificate. The City shall not reimburse an employee for any course which qualified the employee for additional pay in the form of education and training incentive increments. As used in the proceeding sentence the term "qualifies" includes a course which, on its own, qualifies the employee for the described benefits, or, together with another course or other courses, leads to such qualification. (Resolution No. 80-119) 2. Request for Reimbursement of Educational Expenses. If a written request is approved by the City, the employee shall receive reimbursement for 100% of the cost of registration, tuition and books, upon successful completion of the course(s) with a grade of "C" or better, or "Passing" where no grade is used. When the employee completes a class for which a reimbursement request has been submitted and approved, the employee shall provide an official transcript or report card and an itemization of reimbursable expenses (with receipts if possible) to the City Administrator. (Resolution No. 80-119) Employees are prohibited from receiving double funding for education; e.g. , from the City and from another source such as the Veterans Administration. Employees will be required to sign a statement verifying that the City is the sole l source of funding. C - 69 - 3. Request for an Advance. An employee may request ait advance for tuition and books provided the request was approved by the City Administrator prior to the registration deadline. The employee must fJ demonstrate satisfactory completion of the course or must reimburse the City for all costs advanced to the employee. 4. At Time of Separation A. If the class taken was related to the employee's current position, and the employee is separated from the City service for any reason, except layoff, within one year of completion of the course, it shall cause 50% of the amount reimbursed within such year to be deducted from the employee's final paycheck. p. If the class taken was related to reasonable promotion or transfer opportunities, and the employee is separated from City service for any reason except layoff: (1) Within one year of date of reimbursement, it shall cause 100% of the amount reimbursed within such year to be deducted from the employee's final paycheck. (2) If beyond one year and less than two years, it shall cause 50% of the amount reimbursed to be deducted from the employee's final paycheck. 5. Release Time Policy. In cases where employees have special scheduling problems, every effort will be made to allow the employee release time from their work schedule to attend classes (subject to department scheduling and workloads). In situations of this type, the employee must make arrangements to make up the release time on a weekly basis (e.g. taking two hours off on Tuesday afternoons and working two extra hours on Thursdays, or taking 1/2 hour lunches four days of the week). The employee must receive advance written authorization from their immediate Supervisor. 5. Training A. Authorization to Attend Function. The City may authorize or require employee attendance at conferences, seminars, workshops, or other functions of a similar nature that are intended to improve or upgrade the employee's job skills. B. Request Procedure. Requests to attend training sessions should be made to the immediate Supervisor at least 15 days prior to the deadline for registration (Appendix J). The Personnel Director will approve or deny employee attendance subject to the final approval of the City Administrator. All requests for training are to be forwarded to the Personnel Director even if the request is denied by the Department Head. All requests over $500 are reviewed and approved or denied by the City Administrator. — 70 — C. Costs Covered. When a request for training is approved, the employee's cost of registration, tuition and publications, L transportation, lodging and per diem will be covered by the City. The employee shall be compensated at their regular rate of pay and shall receive no overtime compensation for extra hours incurred by the employee attendance at such training. Personal Education and Training Employees who desire to further themselves through education or training not related to their work for the City are encouraged to do so. The City may be unable to provide financial assistance for this type of education and training. Employees may be granted, upon written request, permission to take time away from their job for training (conferences or workshops) when such time is taken without pay, as compensatory time or as vacation time, and only so long as their absence will not cause hardship for their department. Educational Incentive Police Service employees may be eligible for educational incentive as identified in the TPOA collective bargaining agreement. <v 71 — SECTION XIII WORK ENVIRONMENT The City is responsible for maintaining normal work environment consistent with job duties. power outages, plumbing, or air conditioning, or similar disruptions to work place may be handled as follows appropriate to the circumstances: 1. up to 2 hours/day paid leave may be granted by immediate supervisor if conditions arenot conducive to Leave beyond responsible2 hours/daylmustebe (e.g. send home with pay early). approved by Department Head. 2, Work within class reassi reassigned to differentsubject site, out-of--class Pay be allowances may 9 - 72 - SECTION XIV EQUAL EMPLOYMENT OPPORTUNITY Equal Employment opportunity Policy •N It is the policy of the City of Tigard to provide equal employment opportunities to all without regard to race, color, religion, national origin, political ideology, marital status, sex, age, and mental or physical handicap, except where it is based upon a bona fide occupational qualification. This policy applies to recruiting, hiring, placement, compensation, promotion, transfer, layoff, dismissal, seniority, benefits, training, and all other terms and conditions of employment. To implement this polio, the City has developed an Affirmative Action Program. The goal of this program is to have the City work force reflect the total work force of the surrounding metropolitan area. Where there is under-representation on the City's work force of any population group for which the law requires affirmative action, the City is committed to a policy of affirmative action to correct the problem. All employees are expected to cooperate and participate in the implementation of this program, The ultimate success of the Affirmative Action Program will depend upon the commitment of every employee of the City of Tigard. Sexual harassment Policy Statement. Sexual harassment is contrary to acceptable standards of conduct between individuals and is prohibited by EEOC regulations. Sexual harassment constitutes a violation of City policy. The City will take corrective action where an employee is determined to have violated this policy. Such action shall result in disciplinary measures up to and including dismissal. City Action to Preclude Sexual Narras_sment 1. The City Administrator or his designee shall assure that all employees understand that sexual harrassment is prohibited behavior. 2. The City Administrator or his designee shall disseminate this policy to all employees of the city and shall conspicuously post a copy or copies. 3. The City Administrator or his designee shall assure that employees know the process set forth below in this policy for filing a complaint of sexual harrassment. Definition. The U.S. Office of Personnel Management defines sexual harassment as: 1. Uninvited pressure for sexual favors; 2. Uninvited and deliberate touching, leaning over, cornering, or pinching, - 73 - 3. Uninvited letters, phone calls, or materials of a sexual nature; c4. Uninvited pressure for dates; 5. Uninvited sexual teasing, jokes, remarks, or questions; and 6. Uninvited letters, phone calls, or materials of a sexual nature; when such conduct is made explicitly or implicitly, a term or condition of employment is used as a basis for employment decisions, or has the purpose or effect of interfering with work performance or creating an otherwise offensive working environment. — 74 — i - PROCEDURE: After first attempting to resolve the grievance using a direct informal response, asking or telling the violator(s) to stop;" complaints of sexual harrassment shall be handled in the following manner: Responsibility No. Action Employee 1. rjay file in writing with the Personnel Director a grievance within 10 working days from the occurrence thereof. or the employee's knowledge thereof. Personnel Director 2. Shall render a written decision within 5 working days of the date the grievance was filed in writing. Employee 3. May appeal, in writing, a grievance not resolved to the employee's satisfaction by the Personnel Director, to the City Administrator within 5 working days of receipt of the written decision of the Personnel Director. City Administrator 4. Shall render a written decision within 10 working days of the date the grievance was filed in writing. Employee 5. If the employee is dissatisfied with the decision of the City Administrator they may appeal, in writing, to the Grievance Committee. An employee appeal must be submitted in writing within 5 working days of their receipt of the decision of the City Administrator. Grievance Committee b. The procedures to be followed by the Grievance Committee are stated in Section XIII of this manual. Discrimination Based on Age No personnel action shall be taken because of an individual's age, except where age can reasonably be demonstrated to be a bona fide occupational qualification necessary for normal operations or except where age is prescribed by State or Federal statute or regulation. Determination of age as a bona fide occupational qualification shall be made by the Personnel Director in consultation with the City Attorney. P An employee shall not be separated from City service for reasons of age before he has reached the age of 70, except in positions where age has been determined to be a bona fide occupational qualification. - 75 - 3 , i? An employee may be granted extensions of employment past the age of 70, in one year increments, provided: 1. The employee is capable of performing the duties of the position he occupies; and 2. The employee has requested an extensior, of employment at least 30 days prior to reaching age 70, or 30 days prior to reaching the end of a previous extension; and 3. The request has been approved by the Department Head and the Personnel Director. t_ — 76 kv SECTION XV GENERAL GUIDELINES AND RESTRICTIONS Relatives Policy Statement. Two relatives may not be er.ployed by the City when in the same work unit or when one has supervisory responsibilities over the other such as wage and salary administration, evaluation, transfer, promotion, supervision, discipline, adjustment of grievances, or effective recommendations of any personnel action, or when such employment is not in the best interest of the City. If any of these conditions exist, one of the employees shall accept a transfer to another department or work unit, provided openings exist for which the individual is qualified. In the event no such opening exists or job transfer does not rectify the situation, one of the employees must resign within 60 days. If the individuals involved do not agree as to who will resign, the City shall decide based on merit and seniority. Legal Liability Policy Statement. Laws regarding responsibility and liability of cities and their employees are complex. Generally, decisions regarding liability for accidents and injuries are based on proven negligence. The City carries blanket liability insurance to cover accidents and injuries and to protect and defend the employee from tort liability while in the course of their normal duties. If personal property used is stolen or damaged from the work station, } the City may reimburse the employee for the replacement of the article provided the article was necessary to the performance of the employee's duties. Personal items stolen or damaged that are not necessary for job performance are not covered by the City's blanket coverage. Specific questions regarding amounts of coverage should be brought to the attention of the Personnel Director. Patents/Copyrights Policy Statement, The City reserves the right to patent or copyright without charge or penalty any idea, resultant products, or applications which are developed by a City employee on City time using City resources. Products developed by a City employee on their own time using City resources are not subject to this provision. If the City decides riot to pursuo a patent or copyright, the employee will be notified of such decision. In the event an employee desires to apply for a patent, the City Administrator must be informed in writing prior to applying for the patent and upon final disposition of the application. The City shall retain all licenses to the invention or publication even though it assigns to an employee rights to the patents or copyrights. — 77 — Any patents or copyrights resulting from the use of City resources may be made available to other public agencies at the discretion of the City t on the guarantee of patent rights or copyrights being respected and protected by the other agencies. Soliciting Policy Statement. No psddling, solicitation, or sale for charitable or other purposes is allowed on City property during working hours without the approval of the City Administrator. City Vehicles Policv Statement. In the event a work assignment requires the use of a City vehicle, the employee is required to assure that they are qualified and licensed in the operation of the vehicle. Any limitation on the employee's ability to safely operate the vehicle or the licensing of employee to operate the vehicle must be brought to the attention of the employee's supervisor. Temporary reassignments can be made. failure to report = 5 days without pay or termination. City vehicles are to be used only in the performance of official City business. Employees shall refrain from the use of a City vehicle for personal business such as transportation to and from lunch or to conduct personal errands. On duty police personnel are subject to call. Procedure. An employee must obtain permission from their immediate Supervisor. Vehicles are reserved through the Public Works Operations Superintendent. A City credit card or the City pumps will be used for fuel. Any out of pocket expenses such as parking or tolls shall be reimbursed upon presentation of receipts (See Section 6.2 7 ). Police vehicles are assigned by the Watch Commander. Code of Ethics Policy Statement. City employees shall not serve on City policy boards or committees except as specifically provided by ordinance or as required to perform as part of their official City duties. City employees may not use City time to participate in matters of personal interest. When giving testimony unrelated to their assigned City responsibilities, City employees should recognize themselves as private citizens and not use information or facts that have come to them by virtue of their employment and are not subject to disclosure to the public. In matters of personal interest, employees should conduct themselves so as not to impair their working relationship with other employees or with public officials. Employees shall not accept any special favors, gifts or gratuities resulting from or related to employment with the City. In this regard, the appearance of impropriety can be as damaging as actual impropriety and is equally to be avoided. i - — 78 — WX ww7i Department Heads may allow acceptance of non-monetary gifts of nominal value (e.g. under $50) at holidays or special occasions which are available to be shared by all employees in a non-biased or non-discriminatory manner or on behalf of an area non-profit public service agency. The City Administrator will determine whether a conflict exists when a question arises regarding a conflict of interest. Political Activity Policv Statement. Employees may not use official authority or influence to further the cause of any political party or candidate for nomination or election to political office. Oregon law forbids any City employee, while on the job, from soliciting money, influence, service or other article of value or otherwise aiding and promoting any political --ause or the nomination or election of any person or public office. However, this restriction is not intended to restrict your right while you are off the job. Inclement Weather Policy Statement. In the event of extraordinarily inclement weather, where circumstances prohibits the safe transport of employees to work, the City Administrator may allow a grace period of up to two hours with pay in order to accommodate employees. Beyond the first two hours of the scheduled starting time, the employee will only be paid for hours worked. Upon approval of the Supervisor, the employee may use compensatory or vacation time or elect to adjust the work schedule to make up lost time. The City Administrator may use his discretion in deciding whether employees may leave early without loss of pay due to impending weather conditions. Public Works and Police Department employees are advised to consult individual department policy regarding the provision of emergency services during inclement weather. Moving Policl 1. Policy Statement. The City of Tigard may pay partial or total moving expenses for newly hired employees, as outlined below: 2. EligibilityMoving expenses are customarily paid for newly hired top management personnel and Department Heads. However, the City may, at its option, also pay partial or total expenses of employees in other key positions, as determined jointly by the City Administrator and Department Head. Factors taken into consideration will be moving distance, availability of funds, availability of local qualified applications, and ability of the City to attract desirable candidates. Moving expenses must be determined and approved in writing by the City Administrator as a part of the initial offer of employment. - 79 - 3. Allowable Expenses. This policy allows for full reimbursement (minimum eligibility at $100 and maximum of $2500) for reasonable moving services, including: A. Complete packing and unpacking of household goods; B. Transportation of household goods; C. Appliance connection and disconnection (but not extensive plumbing and wiring); D. Insurance for the vehicle to transport household possessions; and E. Necessary accessorial chanes (toll bridges, ferries, hoisting. etc.); The City will not pay for the following services: A. Shipment of dangerous or illegal items; B. Shipment of frozen foods, pets or livestock. or bulky items. such as autos, agricultural machinery, boats, trailers. airplanes, sheds, firewood, building materials, shrubs. grand pianos, etc. ; C. Expedited service and/or exclusive use of van; 0. Overtime loading and unloading; E. Extra labor and third—party services; F. Cleaning or maid service; G. Storage in transit; H. Extra pickup or delivery; I. Special electrical, plumbing, or carpentry services to connect (or disconnect), vent, or install water softeners, air conditioners, water heaters, draperies, clothes dryers, refrigerator ice makers, etc.; and J. Rail—substituted service. 4. Procedure. In the case of total payment of expenses, the City's Finance Director will handle all details of the move. In the case of partial payment, the employee will submit at least two estimates of the expected cost of the move. The City Council, City Administrator and/or Department Head will determine the amount of the moving allowance to be granted by the City. The allowance will be paid to the employee after the move has been completed and expense statements have been submitted to the City. This procedure applies both to employees who move themselves and those who contract j` with moving companies. - so — 5. Responsibility. Coordination of the move is handled by the Finance Department. The Purchasing Agent, or his designee, will make all arrangements directly with the selected van line. Employees should not make the initial contact with the moving company. Purchasing will notify the employee of the carrier selected and will arrange to have the moving company representative contact the employee for an estimate or pre—move survey. 5. Letter of Agreement. The employee is asked to sign an agreement to repay moving expenses in the event he resigns employment within the first 12 months (see Appendix 8). (NIG:pm/Q542p) 81 APPENDIX 8 SAMPLE LETTER OF AGREEMENT BETWEEN and the CITY OF TIGARD, OREGON The City of Tigard agrees to pay moving allowance to in light of his acceptance of employment with the City, agrees to remain an employee of the City for a period of one year in consideration for such moving allowance. In the event that elects to resign this `� Position with the City in less than a 12-month period, he agrees to pay the City $ by permitting deduction from his paycheck. If the City � elects to terminate 's employment within a 12-month Period or if he remains in the City's� y s employ for more than 12 months, the debt will be considered paid. DATE: (Employee) DATE: City Administrator - City of Tigard! APPENDIX D VACATION ACCRUAL Each permanent full—time employee shall accrue vacation leave in accordance with the following schedule: Exempt/Non—Exempt Employees Years of Continuous Monthly Equivalent Annual Accrual Service Accrual Rate Hours Work Days C — 12 months 8 hrs./mo 96 hrs./yr 12 12 mo. + i day — 5 years 9 hrs./ma 108 hrs./yr 13.5 5 yrs. + I day — 10 years 11 hrs./mo 132 hrs./yr 16.5 10 yrs. + 1 day — 15 years 13 hrs./mo 156 hrs./yr 19.5 15 yrs. + 1 day — 20 years 14 hrs./mo 168 hrs,/yr 21 21 yrs. + l day — on 16 hrs./mo 192 hrs./yr 24 Police Service Years of Continuous Monthly Equivalent Annual Accrual Service Accrual Rate Hours Days 0 — 12 month3/0-1 yr. 6 2/3 hrs. 80 10 1 — 5 years/1-5 yrs. 8 hrs. 96 12 5 — 10 years/5-30 yrs. 10 hrs. 120 15 10 — 15 years/10-15 yrs. 12 hrs. 344 18 f 15 + years/aver 15 yrs. 13 1I2 hrs. 160 20 pernanent part-time employees shall be eligible for vacation leave prorated on the basis of their average workweek. APPENDIX H CLASSIFICATION DESIGNATION Exempt Positions: City Administrator Administrative Assistant Executive Secretary Finance Director City Recorder Office Manager Accounting Manager Records Manager Director of Public Works Public Works Operations Superintendent Engineering Superintendent Crew Chief Director of Planning & Development Building Official Chief Plans Examiner Associate Planner Chief of Police Captain Lieutenant Support Services Manager City Librarian Assistant Librarian Associate Librarian ' Assistant Finance Director/Personnel Director Non--Exempt Positions: Office Aide Library Aide Library Clerk Library Assistant Office Assistant I Office Assistant II (Clerical Specialist) Office Assistant III (Senior Secretary/Word Processing Specialist) Office Assistant IV (Accounting Clerk) Maintenance Worker Utility Worker I Utility Worker II Engineering Technician I Engineering Technician II Building Inspector Police Service: Clerk Dispatcher Patrol Director Corporal Sergeant APPENDIX G INSTRUCTIONS FOR COMPLETING PERFORMANCE REVIEWS/PROGRESS REVIEWS Performance reviews are to be completed annually for all permanent employees. Progress reviews are to be completed every six months. Probationary employees are to be reviewed after the first three months and again after six months. The objectives in completing performance reviews are: 1) to provide an avenue for the Supervisor and the employee to discuss work performance in a non--threatening, confidential environment; 2) to point out the employee's strengths and weaknesses (in other words, to let the employee know where he stands) and set a course of action to improve work performance; 3, to identify employees demonstrating potential and those in need of additional training; and 4) to link Council goals and productivity to measurable standards. A. Before proceeding with a performance review, distribute copies of the review form and the instructions to the employee. This gesture will give the employee an opportunity to become familiar with the review criterion and the process. B. The Supervisor should first fill in the employee's name, title, department, current salary, date, date of last review, type of review, reviewer, and review period. C. The Supervisor and the employee should discuss the major goals and products of the job performed. Be clear and concise. Cite examples. These components should then be listed and reviewed in order of priority, and amount of work time, and percentage (Y) of satisfactory completion. The description of goals and projects should be a cooperative venture between the employee and the Supervisor. D. Next, the Supervisor and the employee fill out the section regarding established performance dimensions and employee training. E. In setting performance goals, the goals are to be realistic and attainable. List specific objectives that can lead to a change in work behaviors. F. Upon completion of the form, the employee should be encouraged to respond to Supervisor comments and indicate assistance from Supervisor needed. G. Approximately one to five days after the employee has been given the opportunity to respond to the review, an interview should be set up between the employee and the Supervisor. During this time, both parties can clear up any misinterpretations. The Supervisor's comments are not cast in stone. The employee may have perceived the priority of work activities differently than the Supervisor. Listen to the employee, then respond without defensiveness. N. At the end of the interview, the Supervisor should recommend a course of action (change in status, step/salary increase, promotion, transfer, reclassification.) Allow the employee to respond to the recommendation. I. Finally, the Supervisor and the employee should sign and date the form. Return the form to the Personnel Director for action and copy distribution. APPENDIX Q RECRUITMENT AUTHORIZATION FORM Date Budget Authorization: Funds have been budgeted for this position in account # Recruitment/Selection Process: Place Ad(s) in To run City shall post notice internally Application deadline Evaluate applications Interviews Tentative start date Testing Process• Preliminary screening of applications by: Interviews by: Recruitment Notice — see attached Approval by City Administrator RD, CITY OF TIGrA Q� 4 r Summary of Benefits This summary is intended to provide only a i general overview of the City of Tigard benefits. Please refer to individual benefit booklets for answers to specific questions regarding benefits and coverages. M f IC i MANAGEMENT EMPLOYEES COVERAGE ELIGIBILITY BENEFIT MEDICAL Twa months after employment Option of Plan IV-A* OR CHOICE OF if you are employed on the PLAN 11 -MANOR MEDICAL BLUE CROSS first of:the month CON PRE HENSIVE PLAN Limited Basic Benefits -Sami-private hospitalizati -$So Deductible w -Stop Loss Provision m -provides 100%payment of E4 eligible claims after the Wr first $2,500 per year under �c°'s° Major Medical Coverage aa'.+ *See Personnel Dir for info OR on benefits ov*raa* 0 U C .o IW15ER Two months after employment COVERS: -' if you are employed on the Physicians Services first of the month Routine Exams costs: $1 per visit Hospitalization charges Paid in Full w a DENIAL Three months after employment Routine preventive services if you are employed on the 1st Year- 10% first of the month increases 10%yearly (upon minimum 1 visit per yr) Maxis m$1.000 in any benefit r SICK LEAVE Start accruing B hours a 12 days per year, plus some month after the first payout of accrued balance upon month of employment upon leaving City (96 hours maxi L911G-7ERM DiSABiIITY After six soothe of 60'fC of hast mm+nthly Wary 0 continuous service (up to a limit of$2.O00ieonth for voclassified 2migms) LIFE INSURANCE Eligible after 2 months of $25.000 LIFE with a double service if employed on indemnity A 0 O:0 a first of month ADDITIONAL A 0 i 0 Optional 150,000 A 0&0 First day of employment v, Coverage is at employee's expense. and dependents may be covered,if desired. Premiums id 11gs tion IRA OR A DEFERRED After 6 months of City contributes 8%of the COMPENSATION PLAN continuous service monthly salary on behalf of i amomt eyeas o. SOCIAL SECURITY First day of employment As provided by Federal Law VACATION 0- 12 months 12 days 12 mo. • I day- S years 13.5 Says 5 yrs a 1 d:;/ .. 10 years 16A days 10 yrs ♦ i day- IS years 19.5 days iS yrs • 1 day -20 years 21 days y * l do _gn 24 dm N PAID HOLIDAYS First day of employment 11 paid holidays a°`am 06 EDUCATIONAL See Personnel Rules ASSISTANCE O CREDIT UNION optional MAWS OF ABSENCE See Personnel Rules (1126A) � � " OF CITY TIGrARDoozEc4w l Summary of Benefits Thissummary is intended to provide only a general overview of the City of Tigard benefits. Please refer to individual benefit booklets for answers to specific questions regarding benefits and coverages. s x }F POLICE EMPLOYEES COVERCk EUG.181L1TY BENEFIT MEDICAL Two months after PWN IV: U.C.R.•AND MHWOR 1 nt if you are MAJOR MEDICAL CHOICE CF. employment � the first of Provides for 100%payment of BLUE CROSS employed usual. custO-ry and the month reasonable costs of most basic benefits. includes: -Doctor calls. surgery- diagnostic X-ray and lab ro tests °�° -Preventive medical services H (Yell Baby Care), periodic La o ih"Jeals. therapeutic >, injections and immunications. w r eye exams o� -Semi-private hospitalization "a -U U& ual Cut i 1SAlSER Tao months after employment if you are -Physician's services x employed on the first =1117 " Routine exaws of the month J-Cosis: ll per visit .® -Hospitalization charges d aid in full °i DENTAL: Three months after Routine Preventive Services .r Incrses 1st year-ME=DENIAL SERVICE e1910p ent if you are 0% erly employed on the first of (Upon minima I visit POP the month per Year) Kaximum$1000 iG any benefit r S1Cx LEAVE Start accruing B hours 12 days per year. plus after a month frac date of 7/1/84 payout of accrued employment balance upon leaving City. hours option-honor muimao) or accrual employed prior to SDS of base Mnthly sa`a-y 1.0-ja-7ERM DISABILITY After six months of to a tisit of 1.000 per HN continuous service (nth for classified Q employees; up to a limit of 2.DW per month for Chief. Captain. Lieutenant and LIFE INSURANCE STANDAR9Eligible after 2 months iur�i0np2p�roteetion) with a of service °G ADDITIONAL A 0 i D First ftyy Of CMIoyae:nt double indesnity A D 6 D ON Optional Coverage is at "ploy" % $50.000 A 0 i D p.r expense, and dependents may be covered if desired. premium I I R£TIREM W INCOME After six months Of city provides full retirement t PLAN Voloye+ent fits which mrets the re"Ire Hots of State SOCIAL SECURITY First day of employment provided by Federal Law VACATION 0-12 months 10 days 12 00.4 Day-5 yrs. 12 dip S yrz..l day-IO yrs. is days IOYM.+l Daffy-is yrs. IB days H is yro.+i Day days 4�ya PALO HOLIDAYS First day of employment wive (i2) •boon days of m tory time off w 1 CM17 UNION OptiONA LEAVES OF see P Rule± and contract for varleus have ABSENCE provisions (1726A) GENERAL EMPLOYEES , COVERAGE ELIGIBILITY BENEFIT 1•J MEDICAL Two months after employment OPTION OF PLAN 1V-A*OR CHOICE OF: if you are employed on the PLAN 11 -M.WOR MEDICAL BLUE CROSS first of the month COMPREHENSIVE PLAN -Limited Basic Benefits -Semi-Private Hospitalization 450 Deductible -Stop Lass Provision Provides 100%Payment of Eligible Claims After the First $2,500 Per Year under Major Medical Coverage *See Personnel Director for OR information on health coverage KAISER Two months after COVERS: employment if you are Physician's Services employed on the first Routine Exams of the month Costs: $l per visit Hospitalization Charges Paid in full DENTAL: Three months after Routine Preventive Services Oregon Dental Service employment if you are 1st year - 70% employed on the first of increases 10%yearly the month (Upon minimum i visit per year) Maximum$1000 in any benefit year SICK LEAVE Start accruing B hours 12 days per year, plus samm a month from date of comple- payout of accrued balance tion of probatiam-ry status upon leaving City (96 hours maximum) LONG-TERM DISABILITY After six wAths of 60%of base monthly salary continuous service (Up to a limit of$1.000 per month for classified employees) t LIFE INSURANCE Eligible after 2 months $25,000 Life with a double of service if employed on indemnity A 0 it 0 first day of month ADDITIONAL A 0 i 0 First day of employment $150.000 A 0 t 0 Optional Coverage is at apioyee's expense. and dependents may be covered if desired. Premiums Raid Qy pavrni1 deduction - 401 A After 6 months of City contributes 10%of the continuous service monthly salary on behalf of the non-exempt aployee SOCIAL SECURITY First day of employment As provided by Federal Law VACATION 0-6 months No vacation 6 we. to 1st Anniversary 7 hrs./mu. After 1st Anniversary 0 hrs./mo. After Sth Anniversary 10 hrs./mo. After 10th Anniversary 12.5 hrs./mo. After 15th Anniversary 14 hrs./mo. After 20th Anniversary 16 hrs./mo. ,- PAID HOLIDAYS First day of employment 11 paid holidays EDUCATIONAL See Personnel Rules ASSISTANCE CREDIT UNION Optional LEAVES OF See Personnel Rules atxi Contract for various provisions ABSENCE (1726A) Ep TEMPORARY EMPLOYEES COVERAGE ELIGIBILITY BENEFIT Social Security First day of employment As provided by law Workers Compensation First day of employment As provided by law i 17, E a CITY PAID THEA/OPEU M/P 4 BENEFITS TPOA Medical: Choice of full Plan IV Plan II Plan II family Blue Cross Full Coverage Full Coverage Full Coverage or Kaiser Plan IVA Plan IVA Option-Empl. pay difference Dental: full family 70/30 Plan 70/30 Plan Oregon Dental 70/30 Plan Sick Leave: After 7-1-84 Accrue 8 hr/mo Accrue 8 hr/mo Accrue 8 hr/mo from date of empl. t fr m�da� of 4043•• from date of empl. 20 yre. servic^ or n Be Upon Upon separation on retirement cash cash out no more cash out no more out 1/2 of sick than 96 hr accumul- than 96 hr accumul. leave or upon sick leave sick leave separation cash out no more than 96 bra accumulated sick leave 16 bra appointment 16 bra appointment 16 bra appointment leave leave leave Long Term Disability: 60% of base monthly 60% of bass monthly 60% of base monthly salary (up to salary (up to salary (up to $1000/so for $1000/mo for $20000'so for classified) classified) classified) un Life Insurances $25.000 OLife h 0Life h . protec- double double indemnity life tion) with double AD b D AD S D indemnity AD 6 D to Retirement: Full benefits to k% of no. salary 8Z of no. salary —"" meet state legis- lation Vacation: 0-6 sanths ps vacation 0-12 mo. 10 days 6 mo. to ht Anniversary 7 hrs./so. .1 Yx 12 days 12 no +1 day-5 yra 12 days After ist Annivonary a hrs.Aw. 2-5 yr 13.5 days 5 yr +1 day-10 yrs 15 days Aftar Sth Anniversary 10 hrs./M 6-10 yr 16.5 days 10 yra +1. d3y-15 Yrs 18 days After 16th Anniversary 12.5 hrs.fso411-15 yr 19.5 days 15 yrs +lday - 20 days -After 1Sth Ansivsrsary 14 hrs.Aw L6-20 yr 21 days After 20th Armlversary 16 hrs.fsn. :over 20 yr 24 days Holidays: 12 days 11 days 11 days (DH:pm/1023F) �t 9/26/85 BLUE CROSS HEALTH PLANS Employee +1 Dep. +2 Dep. Plan II. - (OPEU) $ 52.50 $130.35 $156.90 Plan IV (TPOA) 77.10 172.05 205.30 Plan IVA (Indiv. Option) 79.40 177.25 211.45 Plan V (Wellness) 49.95 125.35 148.00 KAISER HEALTH PLAN r $ 63.36 $126.57 $189.63 g- V EBS health promotion grants awarded to cities The lth In June, the League's ESStorencouxageannounced employeehhealthppromotion ients of iprograms. The he 1985 EBS a$59.923nin match- ourpose of the grants i of each ing grant money will be awarded to each city in August. Each city and a brief summary program is detailed below: 1. Brownsville is using $500 in matching funds for health education and fitness 1. classes for its five full-time employees. The cit will motivate all amp Y with annual monetary gifts for fulfilling the outline of the program. updatr:s. and newsletters. Future plans are to develop an exercise area. and possibly create a community health program. 2. The Canby Police Department started a fitness program in 1984. $7,500 of the matching funds will be used to make a suitable exercise and shower area in a building they are now renovating. The Police Department will spend $6,500 on gym equipment. Participation will be mandatory for all 26 emp ye 08- 3. Canponville is using $7,508 in matching funds for an equipment. The 20 employees and families of Canyonville are very eager to start a fitness pyoosro- gram. The city will donate a 600-foforroom o er Slu0d00ain�health�teating, listed l do all necessary renovation and pay classes, and follow-up evaluations. 4. The $10,000 in matching funds awarded to Corvallis for 350 full-time employees will be used to start a fitness program this year. Y.oneYWntlbe a Theo- gram design. health education, fitness testing, and equip purchases. &source$ to improve physical health and psychological city would use Community x well being. 1985. The 5. The City of Dallas established a "wellness" committee in Janaury. _ idea was toeslaaith stressiseatogroperly,all and58 adevelopyaep sitivehelp attituddee.. oBlue strength, d p Cross of Oregon has agreed to make an assessment of needscitfor lrerst T eequip- will match their $5,000 grant to pay for physical exams, facility ment purchases, and outside training. f 6. Eagle Point started a fitness program in December, 1964 for all 12 uniformed police officera by purchasing a six-month membership to a nautilus Center ggifunds n forfsix.hTo ealrhoclubue their membershipsgrand transpole rtation toint is ithe�Nautilu840 in sa30hmiles away. 7. Madras will be starting a fitness program for all 28 emPloYeiso- onto 'how enrollment fees to the health center will be paid by the employees their commitment. Madras will use their $7,944 matchinggrant to provide physical tests, fitness center fees, several classes, and building materials for a cityp obstacle course. Tmhote°fitness�artment and citizens of Madras will use the otstacle course to pro S. Oakland Police Department started a health ppromotion program in October, 1984, for 11 emPlayess. Oakland will use $4.360 % matching funds to helppolice officers maintain aiory materialssto build aTweighthe nlifting will room. eOakland o buy gym equipment and for will also hire a Fart-time physical fitness trainer. - 9. In 1984 Springfield received a $2,000 grant to set up a fitness program for to Public Works Department. Now the city will use a matched ds will rant for $15, create similar programs ssi each ionpaemployee needsrssessmantc and�da+►elofor xmant case equipment, wells of health and safety committees. Sppringfield will also pay $5 out of a $ 2.50 monthly fee to motivate all 270 employees to u6e the fitness center. ealth 10. The =�myof for alll24�fu111timll eatch their emplayaes.$2Cost 00 ofathe program ish$3,480pforocl b P g Pr $1,000 for equipment. and $520 for employes incentives. The city will provide an initial fitness :valuation and one every six months. Employees will be motivated by team comPstition. cash prizes, and every two months every- one will meet to recognize the winners. 11. The City of Toledo has offered a Wellness/Safety program since 1984. Toledo will match their $2.000 grant from EES to be used for equipment purchases. = sr reward certificates, and to pay for classes requested by Toledo's 56 employees. -5- :x 9/26/85 t BLUE CROSS HEALTH PLANS Employee +1 Dep. +2 Dep. Plan II - (OPEU) $ 52.50 $130.35 $156.90 Plan IV (TPOA) '77.10 172.05 205.30 Plan IVA (Indiv. Option) 79.40 177.25 211.45 Plan V (Wellness) 49.95 125.35 148.00 KAISER HEALTH PLAN $ 63.36 $126.57 $189.63 c.;•.ii_v.� .x°cc.-...—#' ...-._.:pro =... ME 7ORANDUM 9/25/85 To: Mayor and City Council From: Personnel Director . Re: LGPI Salary/Classification Study Completion Timeline 9/30/85 Management/supervisory/professional descriptions returned for circulation and final comment. 10!15/85 Final adjustments made and copies circulated to TPOA/OPEU for comment by 10/30/85 11/11/85 Council ratify City Administrator's decision Management/Professional job descriptions have been written. Preliminary review and comments completed. Adjustments will be made and returned for final comment during the month of October. General Employees - completed and reviewed by OPEU 4u After raoverctheocurrentall job description with each emp oyee, a copy tosbe will go placed in their personnel file. am tlJ O W Q (9 rr N g Y O H UJ 1-- N F >H- » � L at li fi10 L it M T6i .gW anl3 U t0 � yn to W cc til N fA W H t.7 CZ k � Mei W�+1 to ¢ ¢ O 0a Y Q � N W3 cc V) tz oft Fes- o¢. � y4. 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