City Council Packet - 11/13/1978 TIGARD CITY COUNCIL
REGULAR MEETING
NOVEMBER 13, 1978, 7:30 P.M.
FOWLER JUNIOR HIGH SCHOOL
LECTURE ROOM
AGENDA:
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS.
5. APPOINTMENT TO COUNCIL POSITION #3.
(a) Consideration by Council.
(b) Oath of Office - City Attorney.
6. CONSENT AGENDA: (All matters under this heading are considered to be routine
by the City Council and will be enacted in one motion in the
form listed below. There will be no separate discussion of
these items. If discussion is desired by any Council member
or member of the audience, that item will be removed from the
consent agenda and will be considered separately).
(a) Approval of Minutes - October 23, Regular Meeting
October 25, Special Meeting
November 6, Special Meeting and Study Session
(b) Approval of Expenditures and Investments: $ 199,432.54
(e) Written Communications - Receive and File.
Transmittal from Don A. Vredenburgh, re: rezoning 7035 S.W. Hampton
property.
Transmittal Washington County Community Action Organization, Inc.,
re: recommendation elected official to serve on County Board - see
03
Agenda Item #25.
7. RESOLUTION No. 78-88 A RESOLUTION EXPRESSING APPRECIATION OF THE CITY OF
TIGARD TO DARLENE LAUGHLIN.
(a) Presentation by Mayor.
8. RESOLUTION No. 78-89 A RESOLUTION EXPRESSING APPRECIATION OF THE CITY OF TIGARD
TO JOANNE CORLISS FOR PUBLIC SERVICE AS A MEMBER OF THE
TIGARD PLANNING COMMISSION.
(a) Presentation by Mayor.
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9. RESOLUTION No. 78-90 A RESOLUTION EXPRESSING APPRECIATION OF THE CITY OF
TIGARD TO ELEANOR QUIMBY FOR PUBLIC SERVICE AS A MEMBER
OF THE TIGARD PLANNING COMMISSION.
(a) Presentation by Mayor.
10. RESOLUTION No. 78-91 A RESOLUTION EXPRESSING APPRECIATION OF THE CITY OF TIGARD
TO GENE ROSSMAN FOR PUBLIC SERVICE AS A MEMBER OF THE
TIGARD PLANNING COMMISSION.
(a) Presentation by Mayor.
11. RESOLUTION No. 78- A RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL FUND
CONTINGENCY TO COMMUNITY PROTECTION (1.4.1) FOR THE
PURPOSE OF ENGAGING A PLANNING CONSULTANT.
(a) Recommendation of City Administrator.
8:00 P.M. PUBLIC HEARINGS
NOTICE: All persons desiring to offer testimony on any public hearing item must
sign their name on the appropriate sign-up sheet(s), located at the back
of the room. Persons desiring to testify will then be called forward by
the Chair to speak on the indicated item(s).
12. COMPREHENSIVE PLAN REVISION - Annexation Plan - Amendment to the Tigard Community
Plan in the form of an Annexation Plan.
(a) Public Hearing Opened
(b) Recommendation of Planning Commission
( c) Recommendation of Planning Staff
( d) Public Testimony
( e) Public Hearing Closed
(f) Consideration by Council.
(g) ORDINANCE No. 78- AN ORDINANCE ADOPTING THE ANNEXATION PLAN FOR TIGARD TO
HEREBY ATTAIN THE PURPOSES AND OBJECTIVES OF CHAPTERS
197 AND 227 O.R.S. INSOFAR AS APPLICABLE, WITH RESPECT
TO THE TIGARD DETAILED PLAN AREA, THUS SUPERCEDING THAT
PORTION OF THE TIGARD COMMUNITY PLAN AS ADOPTED BY
ORDINANCE No. 73-6 AND NEIGHBORHOOD PLANNING
ORGANIZATION PLANS ONE THROUGH SIX, AS ADOPTED BY
ORDINANCE NUMBERS 74-25, 75-8, 75-55, 77-69, 78-9
AND 78-27 AS AMENDED, HERETOFORE APPLICABLE TO THE
SAME AREAS, AND FIXING AN EFFECTIVE DATE AND DECLARING
AN EMERGENCY.
13. COMPREHENSIVE PLAN REVISION - Economy Plan - Amendment to the Tigard Community
Plan in the form of an Economy Plan.
(a) Public Hearing Opened
(b) Recommendation of Planning Commission
(c) Recommendation of Planning Staff
(d) Public Testimony
(e) Public Hearing Closed
(f) Consideration by Council.
(g) ORDINANCE No. 78- AN ORDINANCE ADOPTING THE ECONOMY PLAN FOR TIGARD TO
THEREBY ATTAIN THE PURPOSES AND OBJECTIVES OF CHAPTERS
y 197 AND 227 O.R.S. INSOFAR AS APPLICABLE, WITH RESPECT
TO THE TIGARD DETAILED PLAN AREA, THUS SUPERCEDING
THAT PORTION OF THE TIGARD COMMUNITY PLAN AS ADOPTED BY
ORDINANCE No. 73-6 AND NEIGHBORHOOD PLANNING ORGANIZATION
PAGE 2 - COUNCIL AGENDA - NOVEMBER 13, 1978
PLANS ONE THROUGH SIX, AS ADOPTED L..-'ORDINANCE NUMBERS
• 74-25, 75-8, 75-55, 77-69, 78-9 AND 78-27 AS AMENDED,
HERETOFORE APPLICABLE TO THE SAME AREAS, AND FIXING
AN EFFECTIVE DATE.
14. ORDINANCE No. 78 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 10.28 OF THE
TIGARD MUNICIPAL CODE BY ADDING iO SECTION 10.28.130 TO PROHIBIT
PARKING ON A PORTION OF S.W. 72ND AVENUE, NORTHERLY OF S.W.
BAYLOR STREET, DECLARING AN EMERGENCY �AND FIXING AN EFFECTIVE
DATE. j
(a) Recommendation of Chief of Police.
15. ORDINANCE No. 78- AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 10.28 OF THE i
TIGARD 14UNICIPAL CODE BY ADDING TO SECTION 10.28.130 TO PROHIBIT
PARKING ON A PORTION OF S.W. GREENBURG ROAD, NORTHERLY OF S.W.
PACIFIC HIGHWAY, DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE
DATE.
(a) Recommendation of Chief of Police.
16. ORDINANCE No. 78- AN ORDINANCE DEALING WITH PROHIBITED PARKING. (Ordinance
will be hand carried Monday evening to meeting.)
(a) Recommendation of Chief of Police.
17. ORDINANCE No. 78- AN ORDINANCE AMENDING SECTION 10.32.010 OF THE TIGARD
MUNICIPAL CODE BY ADDING A PROVISION RELATING TO BICYCLE
PATHS, SETTING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY.
(a) Recommendation of City Administrator.
18. RESOLUTION No. 78- A RESOLUTION DESIGNATING A PORTION OF S.W. GREENBURG ROAD
AS A BICYCLE PATH.
(a) Recommendation of City Administrator.
19. ORDINANCE No. 78- AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE IN
THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COMMISSION,
ORDER No. 1259, INVOLVING LANDS OF NORTHRUP ANNEXATION,
SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M., WASHINGTON
COUNTY, OREGON, RECORDING EFFECTIVE DATE AND DECLARING AN
EMERGENCY. (Located at S.W. McDonald & 104th Avenue.)
(a) Recommendation of City Administrator.
9
20. ORDINANCE Pio. 78- ALS OP.DICiA:;CE RATIFYING, CO`clP.t;IiSG AND P.r.CO?�ItiG CH .CB Iii
THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY
COMMISSION ORDER No. 1305, INVOLVING LANDS OF PORTLAND
CHAIN, SECTION 27, 347& 35, T014NSHIP 1 SOUTH, RANGE 1 WEST,
W.M., WASHINGTON COUNTY, OREGON, RECORDING EFFECTIVE DATE
AND DECLARING AN EMERGENCY. (Located at Scholls Ferry &
a Southern Pacific Railroad).
(a) Recommendation of City Administrator.
21. ORDINANCE No. 78- AN ORDINANCE RATIFYING, CONFIF14ING AND RECORDING CHANGE IN
THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY
COMMISSION ORDER No. 1306, INVOLVING LANDS OF PIETER'S
ANNEXATION, SECTION 11, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M.,
WASHINGTON COUNTY, OREGON, RECORDING EFFECTIVE DATE AND
D... _ CY. (Located at 9845 SW Murdock).
PAGE 3 COUNCIL AGENDA. _ . _ K li, ly/t3 .__...._ _ ..
S,
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(a) Recommendation of City Administrator.
22. MATERNITY LEAVE POLICY — PROPOSED AMENDMENT
(a) Recommendation of City Administrator.
23. COMMUNITY DEVELOPMENT POLICY BOARD — Appointment of Tigard Representative
(a) Consideration by Council.
24. S.W. LOMITA STREET LIGHTING
(a) Recommendation of City Administrator.
25. WASHINGTON COUNTY COMMUNITY ACTION ORGANIZATION INC. — Recommendation of
Tigard Representative.
(a) Consideration by Council.
26.. OTHER
27. ADJOURNMENT
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PAGE 4 — COUNCIL AGENDA — NOVEMBER 13, 1978
T I G A R D C I T Y C 0 U N C I L
REGULAR MEETING MINUTES, NOVEMBER 13, 1978, 7:30 P.M.
1. ROLL CALL: Present: Mayor Wilbur Bishop; Council John E. Cook (arrived at 7:35 P.M.);
Alan W. Mickelson, Kenneth W. Scheckla, Nancie A. Stimler; Chief of Police,
Robert B. Adams; Legal Counsel, Joe D. Bailey; City Administrator, R. R.
Barker; City Recorder, Doris Hartig; Assistant Planner, Larry Svart; Planning
Director Kenneth L. Weaver; Administrative Secretary, Loreen Wilson;
Administrative Aide, Aldie Howard.
2. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS
(a) No one appeared to speak.
3. APPOINTMENT TO COUNCIL POSITION 413.
(a) Mayor Bishop noted that Council Position No. 3 had been vacant since June, 1978
and asked if Council was ready to make appointment to the position. Nancie
Stimler had been successful in the November 7th, 1978 election for this position.
Councilman Cook arrived - 7:35 P.M.
(b) Motion by Councilman Mickelson, seconded by Councilman Scheckla to appoint Nancie
Stimler to Council Position No. 3 vacancy.
Approved by unanimous vote of Council.
(c) Legal Counsel administered the oath of office to Nancie A. Stimler.
4. APPROVAL OF MINUTES - October 23, Regular Meeting; October 25, Special Meeting; November
6, Special Meeting and Study Session.
(a) Motion by Councilman Mickelson, seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council.
5. APPROVAL OF EXPENDITURES AND INVESTMENTS: $199,432.54
(a) Motion by Councilman Mickelson, seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council.
6. WRITTEN COMMUNICATIONS - Receive and File
Transmittal from Don A. Vredenburgh re: rezoning 7035 SW Hampton Property.
Transmittal Washington County Community Action Organization, Inc. re: recommendation
elected official to serve on County Board.
(a) Motion by Councilman Mickelson, seconded by Councilman Scheckla to receive and file.
Approved by unanimous vote of Council.
7. RESOLUTION No. 78-88 A RESOLUTION EXPRESSING APPRECIATION OF THE CITY OF TIGARD TO
DARLENE LAUGHLIN.
(a) Motion by Councilman Cook, seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council.
8. RESOLUTION No. 78-89 A RESOLUTION EXPRESSING APPRECIATION OF THE CITY OF TIGARD TO
JOANNE CORLISS FOR PUBLIC SERVICE AS A MEMBER OF THE TIGARD
PLANNING COMMISSION.
(a) Motion by Councilman Mickelson, seconded by Councilman Cook to approve.
Approved by unanimous vote of Council.
9. RESOLUTION No. 78-90 A RESOLUTION EXPRESSING APPRECIATION OF THE CITY OF TIGARD TO
ELEANOR QUIMBY FOR PUBLIC SERVICE AS A MEMBER OF THE TIGARD
PLANNING COMMISSION.
(a) Motion by Councilwoman Stimler, seconded by Councilman Cook to approve.
Approved by unanimous vote of Council.
10. RESOLUTION No. 78-91 A RESOLUTION EXPRESSING APPRECIATION OF THE CITY OF TIGARD
s TO GENE ROSSMAN FOR PUBLIC SERVICE AS A MEMBER OF THE TIGARD
PLANNING COMMISSION.
(a) Motion by Councilman Cook, seconded by Councilman Mickelson to approve.
Approved by unanimous vote of Council.
(b) Mayor Bishop presented the resolution to Mr. Rossman thanking him for his service
on the Planning Commission and noting that he is now serving on the Park Board.
11. RESOLUTION No. 78-93 A RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL FUND CONTINGENCY
TO COMMUNITY PROTECTION (1.4.1) FOR THE PURPOSE OF ENGAGING A
PLANNING CONSULTANT.
(a) Motion by Councilman Mickelson, seconded by Councilman Cook, to approve.
(b) City Administrator stated this had been approved previously by Council and
was being presented at this time for formal ratification.
Motion to approve passed by unanimous vote of. Council.
12. ORDINANCE No. 78-68 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 10.28 OF THE TIGARD
MUNICIPAL CODE BY ADDING TO SECTION 10.28.130 TO PROHIBIT PARKING
ON A PORTION OF S.W. 72ND AVENUE, NORTHERLY OF S.W. BAYLOR STREET,
DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE.
(a) Motion by Councilman Scheckla, seconded by Councilman Cook to approve.
Approved by unanimous vote of Council.
13. ORDINANCE No. 78-69 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 10.28 OF THE TIGARD
MUNICIPAL CODE BY ADDING TO SECTION 10.28.130 TO PROHIBIT PARKING
ON A PORTION OF S.W. GREENBURG ROAD, NORTHERLY OF S.W. PACIFIC
HIGHWAY, DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE.
(a) Motion by Councilman Mickelson, seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council.
14. ORDINANCE No. 78- AN ORDINANCE DEALING WITH PROHIBITED PARKING.
(a) Legal Counsel stated this would be presented at the next regular Council meeting.
PAGE 2 - COUNCIL MINUTES - NOVEMBER 13, 1978
fa
15. ORDINANCE No. 78-70 AN ORDINANCE AMENDING SECTION 10.32.010 OF THE TIGARD MUNICIPAL
CODE BY ADDING A PROVISION RELATING TO BICYCLE PATHS, SETTING
AN EFFECTIVE DATE AND DECLARING AN EMERGENCY.
(a) Legal Counsel noted a typographical error in Section 2.
(b) Motion by Councilman Cook, seconded by Councilman Mickelson to approve as amended.
Approved by unanimous vote of Council.
16. RESOLUTION No. 78-95 A RESOLUTION DESIGNATING A PORTION OF S.W. GREENBURG ROAD AS A
BICYCLE PATH.
(a) Motion by Councilman Mickelson, seconded by Councilwoman Stimler to approve.
Approved by unanimous vote of Council.
8:00 P.M. - PUBLIC HEARING
17. COMPREHENSIVE PLAN REVISION - Annexation Plan - Amendment to the Tigard Community Plan
in the form of an Annexation Plan.
(a) Public Hearing Opened
(b) Planning Director gave synopsis of Planning Commission recommendations noting changes
in the staff recommendations for each sub-area.
(c) Planning Director stated that the Planning Commission recommendations were the
same as Planning Staff recommendations.
(d) Public Testimony
Fred Anderson, Tigard Attorney, questioned south-westerly boundary line of sub-area
419, noting that an annexation policy was desirable for the City as a guideline.
Harvey Knauss, 9435 S.W. Brentwood Place, suggested the south-westerly boundary line
of sub-area 419 be moved to correspond with the section line.
Marge Davenport, little bull mountain resident, stated opposition to forced
annexation policy.
Renee' Robel, presented letter from Libby Anderson, 15001 SW 109th, stating
opposition to forced annexation policy.
Al Erickson, 15200 S.W. 109th, noted opposition to forced annexation policy.
Arthur Biggs, 8787 S.W. Mountain View Lane, expressed opposition to forced annexation
policy.
Howard Duffy, 10135 S.W. Hillview, expressed opposition to forced annexation policy.
(e) Public Hearing Closed
(f) Consideration by Council:
Mayor Bishop stated he does not support forced island annexation and would only
support annexation if the majority of the people affected petitioned or voted
for annexation.
Councilman Scheckla stated he does not support any forced annexations.
PAGE 3 - COUNCIL MINUTES - NOVEMBER 13, 1978
IF
strongly that it is important to have an
Councilman Mickelson noted he felt
annexation policy but does not support forced :.annexations.
Councilman Cook supported the establishment of an annexation policy and again
does not support forced annexation.
cern theon
ti
Councilwoman Stimler expressed con
advise thetcitizensyofdopt whatatype nofabenefptsicy,
however, felt the City needs to
would be offered once they were annexed.
(g) Motion by Councilman Cook, seconded by Councilman Mickelson to table further
consideration of the annexation plan to the November 202 1978 study session.
Approved by unanimous vote of Council.
ivited
the study
(h) Council expressed desire tohave Planaff andgLega�l1Counselstonprepareorecommended
session for input and directed
revisions.
RECESS - 9:15 P.M.
RECONVENE - 9:27 P.M.
- Economy Plan - Amendment to the Tigard Community Plan
18. COMPREHENSIVE PLAN REVISION
in the form of an Economy Plan.
(a) Public Hearing Opened
(b) Planning Director presented the Planning Commission recommendations and noted this
was also Planning Staff recommendations.
(c) Public Testimony
No one appeared to speak.
(d) Public Hearing Closed
ECONTHE
(e) ORDINANCE No. 78-71 AN ORDINANCEADOPTING
AND OB ECTIVESOOF CHAPTERS 197 AND MY PLAN FOR TIGARD T227HORR S.
ATTAIN THE PURPOSES
INSOFAR AS APPLICABLE, WITH RESPECT TO THE TIGARD DETAILED PLAN
AREA, THUS SUPERCEDING THAT PORTION OF THE TIGARD COMMUNITY
PLAN AS ADOPTED BY ORDINANCE No. 73-6 AND NEIGHBORHOOD PLANNING
ORGANIZATION PLANS ONE THROUGH SIX, AS ADOPTED BY ORDINANCE NUMBERS
-9 AND 7 -2AMENDED2 HERE
74-25, 75-875-55, 77 AREAS$ AND FIXING7ANSEFFECTIVE DATETOFORE
APPLICABLE T0THE
(f) Motion by Councilman Mickelson, seconded by Councilman Cook to approve.
Approved by unanimous vote of Council.
19. ORDINANCE No. 78-72 AN ORDINANCOF�THE CITYTIFYING,
TIGARDN Y THE BOUNDARY COMMISSIONFIRMIG AND RECORDING CHANGE IN ,ORDER
BOUNDARIES
No. 1259, INVOLVING LANDS OF NORTHRUP ANNEXATION, SECTION
TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M., WASHINGTON COUNTY, OREGON,
RECORDING EFFECTIVE DATE AND DECLARING AN EMERGENCY. (Located
at.S.W. McDonald & 104th Avenue.)
(a) Motion by Councilman Cook, seconded by Councilman Mickelson to approve.
Approved by unanimous vote of Council.
PAGE,4. COUNCIL MINUTES NOVEMBER 13, 1978
20. ORDINANCE No. 78-73 AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE IN THE
BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COMMISSION ORDER
No. 1305, INVOLVING LANDS OF PORTLAND CHAIN, SECTION 27, 34 & 35,
TOWNSHIP 1 SOUTH, RANGE 1 WEST, W.M., WASHINGTON COUNTY, OREGON,
RECORDING EFFECTIVE DATE AND DECLARING AN EMERGENCY. (Located at
Scholls Ferry & Southern Pacific Railroad).
(a) Administrative Aide recommended changing title co read Robinson Tract not
Portland Chain Annexation.
(b) Motion by Councilman Cook, seconded by Councilman Mickelson to approve as amended.
Approved by unanimous vote of Council.
21. ORDINANCE No. 78-74 AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE IN THE
BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COMMISSION ORDER
No. 1306, INVOLVING LANDS OF PIETER"S ANNEXATION, SECTION 11,
TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M., WASHINGTON COUNTY, OREGON,
RECORDING EFFECTIVE DATE AND DECLARING AN EMERGENCY. (Located at
9845 S.W. Murdock).
(a) Motion by Councilman Mickelson, seconded by Councilman Cook to approve.
Approved by majority vote of Council, Mayor Bishop abstaining.
Ordinance No. 78-74 will require a second reading.
22. MATERNITY LEAVE POLICY - Proposed Amendment
(a) City Administrator stated there was a need to update the maternity leave policy
as stated in the TMEA and TPOA contracts as it seems to be in conflict with state
and federal law. City Administrator gave brief synopsis of laws and requested
Council establish a policy by November 30th as this is when the first case of
maternity leave will commence.
(b) Discussion followed between Council and staff regarding matter. Input was
requested from both TPOA and TMEA to be presented at the next meeting.
(c) Councilwoman Stimler requested staff seek an opinion from the Attorney General
regarding our particular situation, Councilman Cook seconded the motion.
Approved by unanimous vote of Council.
(d) Consensus of Council was to have staff and Legal Counsel present further information
at next study session.
23. COMMUNITY DEVELOPMENT POLICY BOARD - Appointment of Tigard Representatives
(a) Consensus of Council was to appoint Councilwoman Stimler as regular memeber of
the policy board.
(b) Motion by Councilman Cook, seconded by Councilwoman Stimler to appoint Mayor-elect
Alan Mickelson as alternative member of policy board.
Approved by unanimous vote of Council.
24. S.W. LOMITA STREET LIGHTING
(a) City Administrator noted that staff had no word yet from P.G.E.
PAGE 5 - COUNCIL MINUTES - NOVEMBER 13, 1978
25. WASHINGTON COUNTY COMMUNITY ACTION ORGANIZATION INC. - Recommendation of Tigard
Representative.
(a) Motion by Councilwoman Stimler, seconded by Councilman Scheckla to appoint
Mayor-elect Alan Mickelson to serve on board.
Approved by unanimous vote of Council.
26. OTHER
(a) Councilman Scheckla questioned why, a barricade had not been: installed on
110th Avenue. City Administrator noted that the staff was working on the
problem.
(b) City Recorder requested Council input regarding short report form for bills paid.
Motion by Councilman Cook, seconded by Councilman Mickelson to have front cover
short report form and provide copies of the checks at each Council meeting.
Motion failed by 3-2 vote of Council - Mayor Bishop, Councilman Scheckla and
Councilwoman Stimler voting "Nay".
Discussion followed regarding time spent in preparing list of bills to be
approved for payment and reviewing checks at Council meeting. Consensus was
to submit both reports on a temporary basis.
(c) Councilman Cook requested staff check "no parking" ordinance as it relates
to S.W. Tigard Avenue. Councilman Cook further suggested appropriate signs be
installed on Tigard Avenue in area between S.W. Grant and S.W. Main.
(d) Mayor Bishop noted City was awarded, by League of Oregon Cities, a safety
award for Group IV (39-70 employees). This is the second year the City has
been recognized.
(e) Mayor Bishop suggested Selection Committee meet this week to interview candidates and
make recommendations to fill existing vacancies on boards and commissions. Committee
tentatively agreed to meet on Friday, November 17th.
27. Adjournment: 10:45 P.M. -7--
[�
City Recorder
ATTEST:
Mayor
PAGE 6 - COUNCIL MINUTES - NOVE24BER 13, 1978
Datf NOVEMBER 13, 1978
I wish to testify before the Tigard City Council on
the following item: (Please print your name)
Item Description: #19 - ANNEXATION PLAN
Pvo-—j (against)
Name, Address and Affiliation Name, Address and Affiliation
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PAYMENT OF BILLS FOR COUNCIL APPROVAL
,October 31, 1978
PROGRAM BUDGET
Community Protection
Police 5,454.44
Public Works 4,294.81
Municipal Court 95.50
Planning 789.38
Building 341.31
Total Community Protection 10,975.44
Home & Community Quality
Public Works 3,851.29
Social Services
Library 1,660.51
Aged Services -0-
Youth Services -0-
Historical -0-
Total Social Services 1,660.51
Policy & Administration
Mayor & Council 56.72
Administration 281.05
E Finance 1,037.54
Total Policy & Administration 1,375.31
City Wide Support Functions
Non-departmental 1,476.01
Misc. Accounts (refunds, payroll deductions, etc.) 20,385.41
CAPITOL BUDGET
Community Protections
• Road Acquisition & Dev. -0-
Parks Acquisition & Dev. -0-
Storm Drainage -0-
Total Community Protection -0-
Support Services
Donations -0-
DEBT SERVICE
Gereral Obligation Bond -0-
Bancroft Bond -0-
s UNIFIED SEWERAGE AGENCY
Contract 159,708.57
TOTAL AMOUNT OF CHECKS WRITTEN 199,432.54
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G
October 30, 1978
'Tigard City Council RECEIVED
City Hall OCT 3 0 1978
Tigard, Oregon
CITY OF TIGARD
I would like to bring a situation to your attention that concerns me and
other business people who have property in the "Tigard. Tri angle
Prior to the time I decided to purchase land and build an office at 72r._'_
and Hampton Streets, I inquire' about 'A,,:-ar11 s plans for the d nrolop. nt
of that area. It was my understand1n1g the buildin-S had to meet very
strict requirements because this wa..3 to be a well planned business com-
munity and one which all citizens of Tigard wolzld refer to with pride.
Several months ago it came to my attention the old house locate3 at 7035
S.7, Hampton was -oirg to be re-zoned to C-P. I contacted the Pla-inin ;
Department and a City Council member at that time to see it the re-tonin,
was being approved. Their response was affirmative, but they assurer]. me
the re-zoning had been an error but could not be reversed. 'They also said
this would not re-occur because re-conin- old houses into commercial pro-
perty was not what the City had planned.
Just a .few weeks ago I was told by I:r. Fred Cooper, who owns a, rental house
located at 12700 S-1'. 72nd Street (Lot 7#13, Boveland 'No. 2), that he plans
to have the house re-zoned to C-P. I contacted fr. Ken ''ea.ver :rho told ne
he did not believe the City could prevent this from happening. 'this was
very disappointing. It is difficult for me to understand hoer the City can
have so much authority over the construction of a new building and no auth-
ority over the construction or appearance of a house bein- rezoned to C-P.
Please do not misunderstand my position. The City Planning Department
scrutinized my building plans even to the extent of the color of the bricks
and such other items as the distance between the shrubs. I appreciated and
understood their interest in the project. Surely, the same authority can
and should be applied to all buildingr, being planned for C-F use.
I encourage each one of you to personally see and compare the house located
at 7035 S.U. Hampton Street with the Lamb-`,'eston, Commerce Plaza, Farmer)
Insurance and my new brick building. I am sure you will agree the controlled
new construction enhances the beauty and promotes the continued development
of that area, while the conversions of old houses to commercial occupancies
can only have the reverse affect. There are several old houses in the
"Tigard Triangle" which will be re-zoned to C-P if a buildincode is not
established to prevent it.
This letter should not be construed to be critical of Idr. Fred Cooper or to
the owners of the house referred to above. Beauty and harmony are in the
eyes of the beholder, but there must be some control over the appearance of
all the building to assure the success of that new business community.
-2-
I would appreciate being notified of all public hearings or meeting re-
lating to the proposed re-zoning of Mir. Cooper's house or any other houses
that may be being considered for C-P use. I am confident that representatives
of Lamb-E+eston, Farmers Insurance and Commerce Plaza share my concern and
views on this matter.
Sincerely,
on A. Vredenbur
The I:ingsmen Professional Building
DVs rad
C.C. Ken '•1 eaver
Tigard Planning Dept.
,xrn•�`
�v
n
u L o GCS
� carr,� a9 P14` �'�. ,
November 1, 1978
To: City Administraror, City of rigard
In accordance with the Grievance Proceedure (Article XXVI) of the T.M.E.A.
contract, I would like to submit this written complaint.
O.R.S. 659.029 (effective October 4, 1977) states that "Women affected by
pregnancy, childbirth or related medical conditions or occurances (sic) shall be
treated the same for all employment-related purposes, including receipt of
benefits under fringe benefit programs, as other persons not so affected
but similar in their ability or inability to work by reason of physical condi-
tion, and nothing in this Section shall be interpreted to permit otherwise."
The 1977-78 T.M.E.A. contract benefits include a sick leave honor system which
grants a "continuation of pay during an absence not to exceed 90 days."
During this period employees' health, dental, and other benefits continue.
The T.M.E.A. contract lists maternity as a seperate disability and rather
than treating it "the same for all employment-related purposes including
receipt of benefits," it states that "Maternity leave shall be granted without
pay." Further, all employee benefits including vacation accrual, health
benefits, etc. cease,
This is in direct violation of the State Law. Because of this and the fact
that if has direct and immediate bearing on tho financial state of several
employees, I hearby request that the City take action to change the contract
to comply with the law. At this time, I must also announce that if the contract
is not corrected that I have been advised by legal council ,tq file a complaint
with the A.C.I..U, and the Civil Rights Division of the Bureau'of Labor.
Although I would like to think that the City of Tigard places the health and
emotional well-being of their employees high upon their list of priorities,
Their hesitancy in rectifying this situation tends to demonstrate otherwise.
Rather than reassuring the employees that their benefits as negotiated and
agreed upon for the 1977-78 fiscal year under'the T.M.E.A. contract will
be honored for pregnancy disability as required by law, The City of Tigard is
seeking to change the benefit program to suit its own needs. As well as being
illegal, this is also extremely unfair and demoralizing. It should be noted
that this is placing unnecessary stress upon persons who are already in a
physically stressful condition and could result in the City's liability for ftirther
damages.
Submitted by:
Kathy Tremaine
Library Assistant
City of Tigard
C.C. Irene Ertell
i
November 1, 1978
1977-78 SICK LEAVE REPORT
Total sick leave hours 1977-78. . . . . . . . . . . . . . . . . . . . . . . . . . 2940.75
total sick leave days 1977-78: 367.6)
total sick leave cost 1977-78 including average
249/6 fringe cost: $23,742.23)
Actual count of employees*. . . . . .. . . . . . 0 . . . . . . . . . . . . . . . . . 63
Average sick days per year. (actual #)0000 . . . . . . . . . . . . . . . 5.83
*As some of the employees counted here were not employed for the
full twelve months, we have also provided information based on
the average number of employees in 1977-78.
Average number of employees 1977-78. .. . . . . . . . . . . . . . . . .. . 55
Average sick days per year (average #). . . . . . . .. . . . . . . ... 6.68
--------------------------------------------------------------------
Actual count of female employees. . . . .. . . . . . . . . . . . . . . . . . . 23
Actual hours of sick leave - female. . . . . . . . . . . . . . . . . . . . . 971.75
Average sick days per year - female (actual #). .. . . . . . . . %.28
Actual count of male employees. . . . . . . . . . . . . 0 . 0 . 0 . . 0 . . . . . 40
Actual hours of sick leave - male. . . . . . . . . . . . . ..... . . . . . . . 1969
Average sick days per year - male (actual #). .. .. . . . . . . . 6.15
------------------------------------------------------------------
.Again, as the actual number of employees counted is elevated, we
have included average days by sex based on the average number of
'employees, retaining the actual ratio of males to females.
36.5% females of 55. . . .. . . . . . . . . . . . .. . . . . . . .. .. . .. . . . . . . 20
Actual hours of sick leave - female. . . . . . . . . . . . . . . . . . . . . 971.75
Average sick days per year - female (average #). .. . . . .. . " 6.07
63.5% males of 55. ... .. .. . . . . . . . . .. . . . . . . .. .. . . . . . 0 . . . .. 35
Actual hours of sick leave - male. . .. . . .. . . .. .. . . . . . . .. . 1969
Average sick days per year - male (average #). . .. . . . . . . . 7.03
-------------------------------------------------------------------
October 31, 1978
MATERNITY LEAVE UP-DATE
The following is the result of continued research into the legality
of the T.P.O.A. contract provision for maternity leave.
We have received four Attorney General Opinions on the subject of
maternity (No. 7502, No. 7586, OP-4404, and No. 7666). Only one,
No. 7502, comes close to dealing with our question: Is is legal,
under ORS 659.029 to treat maternity along with all other gender-
related conditions in a different manner than conditions which are
not gender-related?
The question presented in the Opinion was:
"Must medical benefits for pregnancy always be identical
to benefits for all other conditions?" (p. 1240)
Thou h this question relates to fringe benefits (i.e. medical bene-
fits rather than leave benefits, the law requires equalization
for all employment related purposes. Therefore, substitution of
"leave benefits" in the question would not alter the substance of
the answer.
The answer given was: -
, "No, but any benefit plan which treats pregnancy differently
than the majority of other conditions will be subject to
close scrutiny and will probably be found to be invalid."
(p. 1240)
In the further discussion of the question, the '01nion states:
"Inclusion of pregnancy in a fairly extensive list of con-
ditions with limited benefits would not necessaril be a
violation of the statute in any case. It would, owever,
be subject to very close scrutiny and it would be necessary
to establish common characteristics (other than sex-related-
ness) distinguishing all the listed conditions from other
conditions riot on the list. We predict ari effort to. treat
pregnancy, along with other conditions, in a manner differ-
ing from the treatment of most other conditions, would in
most cases be held to violate the statute." (p. 1249)
In relation to the discussion above, -we questioned the interpre-
tation of "sex-relatedness." We called Vic Levy, the attorney
in the Attorney General's Office who wrote this opinion, who
said that this was meant to prohibit the use of a common charac-
teristic particular to one sex. For example, the common charac-
teristic of "female-related" which would result in a list inclu-
ding maternity, hysterectomy, etc.
We then asked him about the legality of our criterion of "gender-
relatedness". The common characteristic of "gender-relatedness"
would apply to those conditions, in both sexes, which are parti-
cular to the sex of the person involved. As per other legal
11111 IS I
l
Maternity Leave Up-Date (10/31/78), page two
sources we contacted, he had never heard of a policy of this type
and declined to give a definitive answer to the question. He did
say that this type of policy would be subject to litigation, and
suggested that we consider the cost of possible litigation and
detrement to public image in making a decision on the use of this
policy.
At this point we have exhausted all of our avenues of research and
still have not arrived at a definitive conclusion. The City can
either make a decision based upon research to date or, formally
(through our State Representative) request an Attorney General's
Opinion on the specific question. (Sources at the A.G's. Office
say that it takes an average of one month to complete an opinion,
. though the Representative may request a rush - which they will
. try to honor).
OctoL r 26, 1978
COST IMPACT OF THE ADDITION OF MATERNITY AS A TEMPORARY DISABILITY
UNDER THREE SICK LEAVE/DISABILITY INSURANCE PACKAGES
INTRODUCTION
During the early stages of re-writing the Personnel Manual, ORS 659.-
.029 was brought to our attention. Basically, this states that we are
required to treat maternity the same as any other temporary disability
for all employment related purposes, including receipt of fringe and
leave benefits. In response to this new law (effective October 4,
1977) we drafted a Proposed Maternity Leave Policy (September 18, 1978)
which is identical to the sick leave/disability plan offered for other
conditions.
As the proposed policy would provide a pregnant employee with full
paid sick leave for the certified period of disability (as compared
to the current policy which provides leave without pay), a concern
was raised in relation to the increased cost to the City. To add-
ress this concern, we have been researching alternate sick leave/
disability insurance packages which would reduce the City's finan-
cial liability while maintaining a comparable employee benefit
level.
The three packages we considered were:
Plan I: This plan would provide 30 days full paid sick leave,
then disability insurance* of 60% of base salary for the re-
mainder of the disability.
Plan II: This trould provide 60 days full paid sick leave, then
disability .insurance of 60% of base salary for the remainder
of the disability.
Plan III: This is the current sick leave/disability insurance
plan which provides 90 days full paid sick leave, then 60%
x
disability insurance of base salary for the remainder of the
z disability.
j 1
9
ti
t ,
The report includes cost breakdowns for the following:
- Actual Cost of Sick Leave/Disability Insurance Plan for Fiscal
Year 1977-78.
- Projection A - Cost for the period December 1, 1978 - November
30, 1979, based on actual incidents of maternity, broken down
by Plans I, II, and III.
- Projection B - Cost for the period December 1, 1978 - November
30, 1979, based on average incidence of maternity, broken down
by Plans I, II, and III.
Projection A is included to provide information on our actual current
situation.
Projection B is included to assist in evaluating the various costs
of the three plans for the future. The figures here relate to the
same time period as Projection A to provide consistency and reliability
(salaries and payroll costs for the future will be subject to many
factors which we are unable to predict: budget based on tax level,
continued CETA funding, City Council decisions, etc). Therefore,
this projection does not provide an actual cost to the City, but
we feel that the cost differences under the three plans will remain
fairly constant regardless of the total salary and payroll costs.
The methods used at arriving at the figures presented in the Pro-
jections is included following the projections.
Disability insurance pay: 6096 of the first $2500.00 of monthly
base salary, not to exceed $1500.00 or be less than $50.00. These
payments are not taxed and are therefore comparable to full pay
which is taxed.
2
1
ACTUAL COST
OF SICK LEAVE/DISABILITY INSURANCE PLAN FOR FISCAL YEAR
1977-78 (PLAN III)
Sick leave payments. . .. . .. .. . . . . . . . $ 23,742.23
Maternity leave payments.. .. . . . . . . . 0
Temp. Disability payments. . . . .. . .. . 0
5468
4, 9.
Disability Insurance. . .. .. .. . . . . . . . + --
Total 1977-78 Cost.. . . .. .. .. . . . . . . . $ 28,431.77
PROJECTION A: COST (12/1/78 - 11/30/79) BASED UPON ACTUAL INCIDE'ViTS
OF MATERNITY
I II III
Sick leave. . . . . . . . . . . . . .. . . , $ 26,741.56 $ 26 74 26,741.56 .
1 56 $
Maternity leave. . . .. . . . .. .. 4,261.00 8,522.00 8,122.00 -
00
Temp. Disability leave.. . . .
1,264.88 2,213.54 2,854.98
, .
+ 878383 + 7,027.06_ + 5,973.00
Disability Insurance. . . . . . . �-
Total. . . . .. . . . .. . . . . . . . . . . . $ 41,051.27 $-44;504.16 $ 44,082.54 -
$48,343.54
PROJECTION B: COST (12/1/78 - 11/30/79) BASED UPON AVERAGE INCIDENCE
OF MATERNITY
. I II III
Sick leave. . .. . .. . . .. . .. . . . $ 26,741.
56 $ 26 741.56 $ 20,741.56
{ Maternity leave.. .. .. • •• •• • 1,581.11 3.162.22 3,162.22 -
4,743.33
Temp. Disability leave. . .. . 1',264.88 2,213.54, 21845.98
Disability Insurance. ... .. . + 8,783.83
+ 7,027.06 + 5,973.00
`r .. . . . . . .. . . . $ 38,371.38 $ 39,144.38 $ 38,722.76
Total. . . . . . .. . . -
$40,303.87
3
METHOD
Adjusted Average Salary
Current (10/78) monthly salary total. . . . . . . . . . . . . . . . $ 65,400.04
24% average fringe cost. . . . . . . . . . . . . . . . . . . . . . . . . . . . . + 15,696.01
Current monthly salary plus fringe. . . . . . . . . . . . . . . . . . $ 81,096.05
Number of employees. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + 53
Current average monthly salary plus fringe. . . . . . . . . . $ 1,530.11
Current average monthly salary plus fringe. .. . . . . . . . $ 1,530.11
Period 12/1/78 - 6/30/79. . .. . . . .. . . . . . . . . . . . . . . . . . . . x 7
Sub total. .. . . . . . . . . $ 10,710.77
Current average monthly salary plus fringe. . . . . . . . . . $ 19530.11
Estimated salary increase of 8/ for 79-80. . . . . . . . . . . + 122.41
79-80 average monthly salary plus fringe. . . . . . . . . . . . 1,652.52
Period 7/1/79 - 11/30/79. . . . . . . . . . . . . . . . . . . . . . . . . . . . x 5
Sub total. . . . . . . . . . . $ 8,262.60
z• '. $ 10,710.77
+ 8,262.60
Cost for period 12/1/78 - 11/30/79. . .. . . . . . . . . . . . . . . $ 18,973.37
j 12
Adjusted average monthly salary plus fringe. . . . . . . . . $ 1,581.11
--------------------- -----------------------------------------------
Adjusted Annual Personnel Services Cost
1978-79 Budget figure for Personnel Service- s. . .. . . . .$ 1,128,084.00
Personnel Costs for Municipal Judge, Mayor &
CityCouncil. . . . . . . . . . . . . . . - 9,600.00
$ 1,118,484.00
24yaverage fringe cosh.. . . . . . . ... . .. . . . . . . . . . . . . . . - 268,436.16
Annual cost for Personnel Services less fringe. . . . . .$ 850,047.90
12
Monthly cost for Personnel Services less fringe. . . . .$ 70,837.33
4
Monthly cost f6r Personnel Services less fringe. . . . .$ 70,837.33
Period 12/1/78 - 6/30/79. . . . . . . . . . . . . . . . . . . . . . . . . . . . x 7
Sub total. . .. . . . . . . .$ 495,861. 31
Monthly cost for Personnel Services less fringe. . . . .$ 70,837.33
Estimated salary increase of 8/ for 79-80. . . . . . . . . . ._+ 5 .666.98
76,504.31
Period 7/1/79 - 11/30/79. . . . . . . . . . . . . . . . . . . . . .. . . . . . x 5
Sub total. .. . . . . . . . .$ 382,521.55
495,861.31
+ 3822521.55 .
Adjusted Annual Personnel Services Cost . . . . . . . . . 878,382.86
*This figure was used to determine the annual cost of Disability
Insurance which is determined on base salary, therefore fringe
benefit costs were subtracted.
------------------------------------------------------------------------
Projected Costs for Sick Leave
1977-78 Sick leave costs per month. . . . . . . . . . . . . . . . . . . $ 11595.58
Average salary increase of 9% for 78-79. . . . . . . . . . . . . . + 143.60
1,739.18
'24% average fringe cost. . . . . . . . . .. . . . . . . + 417.40
2,156.58
Average 1978-79 sick leave costs per month. .. . . . . . .. . $ 2,156.58
Period 12/1/78 - 6/30/79. .. .. . . . .. . . . . . . . . . . . . .. . . . . . x 7
Sub-total. . . ._. .. . . . . . $ 15,096.06
1977-78 Sick leave costs per month. . . o . 00 . . . . o. . . . o . . $ 1,595.58
Average salary increase of 9% for 78-790 .. . . . . . . 000 . . + 143.60
1,739.18
Estimated salary increase of 8% for 79-80. .. . .. . . oo . . . + 139.13
1,878.31
24°; average fringe cost.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . + 450.79
2,329.10
Period 7/1/79 — 11/30/790 . .. . .. . . . . . .. . .. . . .. . . . .. . . . x 5
Sub total... .. . . .... . . $ 11,645.50
5 . .
Sub total period 12/1/78 - 6/30/79. .. . . . . . .. . . . .. . : . . . $ 15,096.06
. Sub total period 7/1/79 - 11/30/79. . . . . .. . . . . . . . . . . . . . + 11,645-5.0
Projected Costs for Sick_ Leave. . . . . .. . . . . . . . . . . . 26,741.56
-------------------------------------------------------------------------
Projected Costs for Maternity - Projection A
Actual salaries of pregnant employees (October, 1978)
PGE#l* PGE#2 PGE#3 PGE#4
monthly base salary. .. . . $ 1,025.00 $ 782.00 $ 830.00 $ 799.00
24y fringe. . .. . . . .. . . . . . 246.00 188.00 199.00 192.00
$ 1,271.00 $ 970.00 $ 1029.00 $ 991.00
Total of PGE#1 - 4. . .. .. . .. .. . . . . . . .. . . . . . . . . . . . . . . . $ 4,261.00
(total monthly salary plus fringe)
Plan I
Cost for first 30 days. . . . .. .. . . . . . .. . . .. . . . . . . . . . . . $ 4,261.00
Plan II
. Cost for first 60 .days. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . $ 8,522.00
Plan III
Cost for first 90 daysI-#. . . . .. . . . . . . . . . . . . . . . . . . . . . .$ 8,522.00 -
12,783.00
.*PGE = Pregnant Employee
** Average maternity leave last between 60 and 90 days
-------------------,-------------------------------------------------------
Projected Costs for Maternity - Projection B
Probability of maternity occuring per year*. ,, , ,, , ,, 1.00
Adjusted average salary plus fringe. . .. . . . . . . . . . . . . .$x 1,581.11
Salary plus fringe cost per month. .... . .. 1,581.11
Plan I
Cost for first 30 days. . . . 1,581.11
Plan II
Cost for first 60 days. . .. .. . . . . . . . . . .. . . . . . . . . .. . ..$ 3,162.22
6
Plan III.
Cost for first 90 days. . . . .. . . . . . . . . . . . . . . . . . . . .$ 3,162.22 - 4,743.33
In the five year period 11/73 to 11/78, there were two cases of
maternity leave (an average incidence of 40/ per year). This year
there will be four cases of maternity leave (an incidence of 400%).
As the difference between these two figures is so great, neither of
*them appeared to be a reliable indicator for probability of maternity.
:We therefore added one year (representing the current year) to the
five year base period. This combined period (11/73 to 11/79)
resulted in an average incidence of one per year (100/),
Projected Cost for Temporary Disabilities*
Adjusted average salary plus fringe.. . . . . .. . . . . . . . . . . $ 1,581.11
Probability of disability occuring (per year)**. . . . . . x .8
Average annual cost under Plan I. . . . . . . . . . . . . . . . . . . . . $ 1,264.88
Adjusted average salary plus fringe. . ... .. .. . . . . . . . . . $ 1,581.11
Probability of disability lasting from 30 to 60 days. x .6
Cost for period from 30 - 60 days. . . . . . . . . . . . . . . . .. . . 948.66
Cost for first 30 days. . . . . .. . .. . . . . . . . . . . . . . ... +.•... . _+ 1,264.88
Average nnua� cost under Plan II... . . . . . . : . . . $ 2,213-54
Adjusted average salary plus fringe. .... . . . . . . . . . . . . . $ 1,581.11
Probability of disability lasting from 60 to 90 days. x .4
Cost for period from 60 - 90 days. .. .. .. . . . . ... . . . . . . . 632 44
Cost for first 60 days. .. . . . . . . . . . . . .. . . .. . . . . . . . . . . . + 2,213-54
Average annual cost under Plan III . . . . .. . . . . . . . $ 21845.98
'*Temporary Disabilities are any sick leaves (excluding maternity)
lasting longer than 30 days.
* In the five year period 11/73 to 11/78, there were four disa-
bilities lasting longer that 30 days, .resulting in a probability
of 80% of a disability occuring in any given year. This can also
be stated in terms of .8 employees suffering from a disability in
any year. As the period of disability increases, the probability
of a disability occuring decreases. We have compensated for this
• y
by estimating that the probability of a disability lasting between
30-60 days is 75% of the initial probability (75/ of .8 = .6), and
the probability of a disability lasting between 60 - 90 days is
50% of the initial probability (505/0 of .8 = .4).
-------------------------------------------------- ---------------
Projected Disability Insurance Costs
Plan I
Adjusted Annual Personnel Services Cost. . .. . . . . .. . .$ 878,382.82
Insurance rate applied to base salary - 1.00%. , .. . . x .01
Projected Disability. Insurance Cost - Plan I. . .. . . ,$ 8,783-83
Plan II
Adjusted Annual Personnel Services Cost. . . . . . . . . . . .$ 878,382.82
Insurance rate applied to base salary - .80/. . .. . . , x .008
Projected Disability Insurance Cost - Plan II. . .. . .$ 7,027.06
Plan III
Adjusted Annual Personnel Services Cost. . . . . . . . . . . .$ 878,382.82
Insurance rate applied to based salary - .68go, . .. . . x .0068
Projected Disability Insurance Cost - Plan III. . . . .$ 5,973.00
Insurance rates were provided by Standard Insurance Company. They
are based on a staff level of 55 employees.
8
CONCLUSIONS
'PROJECTION A: ACTUAL INCIDENTS OF MATERNITY
Plan I would cost $3,452.88 -(8.4/) less than Plan II
Plan I would cost $3,031.27 - $7,292.27 (7.4/ - 17.8%) less
than Plan III*
Plan II would cost from $421.62 (1%) more to $3,839.38 (8.6%)
less than Plan IIIA'
*This is totally dependent upon the length of maternity leave (between
60 - 90 days).
Plan I provides a substantial saving over either Plan II or III.
Plan II would probably provide saving over Plan III. This is totally
dependent upon the length of maternity leaves. If only one of -the
current maternity leaves lasted approximately 75 days (and the others
lasted 60 days each) , the cost would be equal under either Plan II
or III. As more than one leave will probablytla`st *more than 60 days,
Plan II will probably provide a saving.
PROJECTION B: AVERAGE INCIDENCE OF MATERNITY
Plan I would cost $773.00 (2%) less than Plan II
Plan I would cost from $351.38 - $1,932.49 (.9% - 5%) less
than Plan III
Plan II would cost from $421.62 (1.1}0) more to $1159.49 (2.9%)
less than Plan III
Plan I would provide a saving over either Plan II or III.
K
Plan II would probably provide a saving over Plan III, again depen-
dent upon the length of maternity 1eave (as described above).
Under both Plans I and II, if a maternity and/or disability does
not occur in any given year, this will cancel out most of the
savings over Plan III.
PRESENT & FUTURE IMPLICATIONS
As the savings of Plan I are so substantial this year, due to the
four cases of maternity, it appears to be in the City's best in-
terest to use this plan for at least this year. For future years,
Plan I would provide a savings of 5% (over Plan III) if there was
a case of maternity leave. If there was no maternity leave, Plan
I would still provide a small saving (.9%) over Plan III. With
consideration of current trends (younger workforce, more females in
the workforce, and women returning to the workforce sooner after
maternity - a matter of months rather than waiting until the children
enter school), the average incidence of maternity is likely to in-
crease. With this increase in incidence of maternity, Plan I will
provide even more savings over Plan III.
IMPACT ON EMPLOYEE SALARY/BENEFIT LEVELS
The theory exists that as employee benefit costs'& up, salary in-
creases are not as high as they would be if the cost of benefits
had not gone up.
Plan I disability insurance costs $1,756.70 ($33.15 per employee/
per year) more than Plan II
Plan I' disability insurance costs $2,810.83 ($53.03 per em-
ployee/per year) more than Plan III
Plan II disability insurance costs $1,054.06 ($19.88 per em-
ployee/per year) more t:ian Plan III
According to this theory (with equal impact on both sides of the
equation) , the employee salary increase would be reduced by an
average of $00.025 per hour (under Plan I). However, as the City
would realize savings under Plan I which are greater than the added
cost of the disability insurance, this would compensate for the in-
creased cost of the benefit.
We would be happy to answer any questions or provide further infor-
mation if it is desired.
Respectfully submitted,
Martha McLennan Steve West
Research & Development Aides
{
y
} 11
EXCERPT FROM -AEPORT FOR NEGOTIATIONS, OCTOBER 13; 1978 (p. 5)
7.6 Maternity Leave (p. 32) - ORS 659.029 (effective October i
4, 1977) states that "Women affected by pregnancy, childbirth or j
related medical conditions or occurances shall be treated the
same for all employment related purposes, including receipt of
benefits under fringe benefit programs, as other persons not
so affected but similar in their ability or inability to work
'by reason of physical condition, and nothing in this section
shall be interpreted to permit otherwise."
This means that we are required to cover the certified period of
disability with sick leave and or disability pay. Any additional
time the woman wishes to take off would be considered leave with-
out pay and standard rules governing this form of leave would
apply. We have written the policy included in this (Revised
Draft, October 1978) draft of the Personnel Manual to comply with
this law without making major changes in the total sick leave/
disability packages.
We are continuing research on the legality -of the T.P.O.A. maternity
leave policy and alternate sick leave/disability plans to reduce
the City's financial liability. We will provi4e�up-dates as
information is received.
It is important that a decision on Maternity Leave be made prior
to December 1, 197.8, -as we have a pregnant employee who is
planning on starting her leave at that time. We will also have to
apply the contract Savings Clause to change the current contract
to cover employees until the new contract goes into effect.
FROM: REVIST' DRAFT PERSONNEL MANUAL, OCTOBER 1978 (1 32)
7.6 Maternity Leave
The maternity leave shall be covered by sick leave or
disability 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 woman and her doctor. Any time
taken before or after the certified period must be taken as
compensatory time, vacation time, or leave without pay, and
regulations governing these forms of leave shall apply.
The employee must notify the City Administrator in-writing
of her intention to return to work (including date of return)
prior to the commencement of her maternity leave, and she
must re-affirm her intention to return to work within 15 days
after delivery in order to assure that 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 inten-
tion or re-a-Airmation to return to work. Vacancies created
by such leavenwill be filled by temporary or Vdfditional ap-
pointments.
During the paL4periods of maternity leave, vacation leave,
seniority, and time towards annual evaluations shall accrue.
In addition, health and other insurance benefits will con-
tinue without interruption. l)% " e e vlocl�, d t sa.ly
. Pte, t%�.r►^GM/L.,... l�a.��ta wt�2 b� -t.�t•-e.u�c� cup, ee,•� .
During periods without pay, rules governing leave and fringe
benefits during "leave of absence without pay" shall apply
(See Leave of Absence Without Pay, P. ).
Pregnancy shall not constitute grounds for disciplinary action
or dismissal.
. 1fJARV UPDA; R:
A WEEKLY NEWSLETTER
VOLUME 1 ISSUE 38 NOVEMBER 9, 1978
561 REGISTERED
The City registered 561 people to vote in the recent election.
It is estimated that 46. 74 hours were spent in this process,
which cost $212.51 in salaries (not including fringe benefits) .
HOUSING SURVEY
C.E.T.A. worker, Greg Berning, has completed the Housing Survey.
The final report is being prepared for printing. Funding, through
C.E .T.A. , for Grey and Don Vinzant will stop November 15, 1978.
Greg was working in conjunction with the Planning Department and
Don was with Engineering.
L.O.C. CONVENTION
The League of Oregon Cities Convention at the Hilton Hotel in
Portland will start this coming Sunday (November 12th) . Several
members of staff are planning to attend this function.
PUBLIC HEARING
The County has notified us that they intend to change their
Comprehensive Plan. Two ordinances will be presented for the
first and second reading on November 7th & 14th with the public
hearing and third reading being held on November 21st, 1978,
at 7:30 P.M. at the Courthouse. -
AIR QUALITY REPORT
A 1977 Air . Quality Report by the D.E.Q. is available. The report
summarizes the air quality monitoring data from across the state.
Anyone interested in obtaining a copy of this report should contact
D.E.Q.