Chapter 2.15 DEPARTMENTS, BOARDS AND COMMISSIONS

A. Appointments of members to boards, commissions, and committees are made by the mayor with the consent of the city council pursuant to the city Charter, Section 9, titled “Mayor.”

B. The qualifications, terms, and other conditions of appointment shall be as specified in the code or the resolution or document establishing the board, commission, or committee.

C. The appointment process is established by resolution.

D. Removals and Vacancies. Any member who fails to attend at least 75 percent of the regular meetings in any one year of this term shall be disqualified from serving on the board, commission or committee unless absences are determined to be excused. Upon certification of such disqualification by the board, commission or committee chair, the member will be replaced by the city council as is provided for the filling of vacancies.

E. Membership Definitions. All members shall be residents of the City of Newberg except one seat may be for individuals who reside within the city’s urban growth boundary. One seat will be reserved for a local high school or college student, which will be a voting position. One seat is for the mayor who shall serve as ex officio nonvoting member. In cases where there are shared service agreements, or a shared service population, one seat may be used for residents of Dundee. [Ord. 2892 § 1 (Exh. A), 11-15-21; Ord. 2790 § 3, 11-2-15; Ord. 2690 § 1, 2-4-08. Code 2001 § 32.80. Formerly 2.15.210.]

Article I. Police Department

2.15.010 Purpose.

The city shall maintain a police department, as defined in ORS 181.610(12)(a), for the purpose of preventing crime, detecting crime, apprehending offenders, enforcing state laws and city ordinances, preserving the peace, protecting lives and property, and performing community caretaking functions, as defined in ORS 133.033. [Ord. 2591, 9-15-03. Code 2001 § 32.60.]

2.15.020 Organization.

A. The police department shall consist of such members, sworn and nonsworn, paid and volunteer, as the chief of police determines to be necessary to achieve its purpose under NMC 2.15.010, within the fiscal parameters and operating approval of the city manager and/or city council.

B. Authority.

1. Sworn members of the department shall have all of the authorities granted to them and defined by law pursuant to ORS 181.610(12)(a), (14) and (17) and ORS 133.005(3).

2. In every instance, sworn members of the department, including paid members and volunteers, shall subscribe to an oath of office administered by the chief of police. [Ord. 2591, 9-15-03. Code 2001 § 32.61.]

2.15.030 Chief of police – Position created and appointment.

There is created the position of chief of police which shall be appointed by the city manager, pursuant to Chapter VIII, Section 34, of the city Charter. [Ord. 2591, 9-15-03. Code 2001 § 32.62.]

2.15.040 Chief of police – Powers and duties generally.

The powers and duties of the chief of police shall generally be as follows:

A. Establish departmental objectives in line with city council goals. Plan and develop law enforcement policies, procedures, standards and programs based on an analysis of city growth, crime patterns, workload, staffing levels and related economic, legislative and judicial influences to provide appropriate and effective law enforcement services to the community.

B. Have authority and responsibility for the fiscal management of the department, including developing justification for and presentation of department budget requests.

1. Manage and monitor approved department budgets.

2. Prepare and/or review department requests for proposals.

3. Review, prepare and approve department expenditures.

C. Assign, supervise and evaluate the work of subordinates.

1. Hear grievances from and administer disciplinary action to department personnel.

2. Interview and effectively recommend department hiring and termination actions.

3. Ensure provision of adequate training within the department.

D. Supervise and assist in major departmental problems, crimes or accidents and perform such additional duties as may be assigned by the city manager.

E. Prepare reports and advise the city manager and city attorney in regard to resolutions and ordinances pertaining to public safety matters for city council information or action. [Ord. 2591, 9-15-03. Code 2001 § 32.63.]

2.15.050 Chief of police’s attendance at council meetings.

A. The chief of police, or such other member of the police department as the chief of police designates, shall be the sergeant at arms at city council meetings.

B. Such sergeant at arms shall carry out all lawful orders and instructions given by the presiding officer of the city council for the purpose of maintaining order and decorum at its meetings. [Ord. 2591, 9-15-03. Code 2001 § 32.64.]

Article II. Public Library Board

2.15.060 Library advisory board.

There shall be appointed by the mayor of the city, subject to the confirmation by the city council of said city, a public library board to be known as the Newberg public advisory board. Candidates for the library advisory board will be interviewed by the current board. The board shall then provide a recommendation to the mayor for the appointment.

The board shall consist of six members. Terms shall be three calendar years except student terms will be one year. Follow membership definitions as listed in NMC 2.15.005(E), Membership Definitions. [Ord. 2892 § 1 (Exh. A), 11-15-21; Ord. 2481, 7-7-97. Code 2001 § 32.01.]

2.15.070 Board organization.

A. The library advisory board shall elect a chairperson and vice chairperson from its members each year following the appointment of new members.

B. The library director shall serve as secretary to the board and keep the record of its actions.

C. The board may establish and amend rules and regulations for its government and procedure consistent with the laws of the State of Oregon and with the Charter, ordinances, resolutions and regulations of the city.

D. The board shall meet at least 10 times each year and at such other times as it may provide by its rules. [Ord. 2481, 7-7-97. Code 2001 § 32.02.]

Cross-reference: See ORS 357.410.

2.15.080 Powers and duties.

A. The library advisory board shall be an advisory board and shall have no executive or administrative powers or authority and this article shall not be construed as depriving elected or appointed officials of the city of any power they may have under the laws of the state or the Charter of the city.

B. The board shall have powers and duties as follows:

1. The library advisory board participation in the selection of the library director is important. The selection process for library director shall include participation and recommendations from representatives of the board. The library director shall be hired by the city manager.

2. The library advisory board shall make recommendations to the city council about rules and policies for the efficient and effective operation of the library, its services and programs.

3. The library advisory board shall review the annual budget as prepared by the library director and as submitted by the city manager-budget officer. Should budget changes become necessary, the board may participate in the budget committee deliberations by representing the views of the library and the board. Recommendations may be made by the board to the budget committee and city council regarding the library budget.

4. The library director shall be responsible for all expenditures within the operating budget in conformance with city administrative procedures and Oregon local budget laws.

5. The library advisory board shall make recommendations for the acceptance, use, or expenditure of any real or personal property or funds donated to the library under NMC 2.15.100, or make recommendations for the purchase, control or disposal of real and personal property necessary for the purposes of the library.

6. The library advisory board shall develop and recommend to the city council long-range plans for library service and facilities consistent with city priorities and with state, regional and national goals pertinent to libraries. Further, the board shall recommend to the city council sites for library facilities and shall participate in the planning for library facilities.

7. The library advisory board may recommend to the city council terms for contracts and working relationships regarding library service and facilities.

8. The library advisory board will be responsible for such other library activities as the city council may assign. [Ord. 2481, 7-7-97. Code 2001 § 32.03.]

Cross-reference: See ORS 294.505 – 294.565.

2.15.090 Library established.

There is established in the City of Newberg a public library under the provisions of the laws of the State of Oregon relating to public libraries, to be known as the Newberg Public Library, and to have its principal location and building on Hancock and Howard Streets in said City of Newberg, Oregon, or at such place or places as may be hereafter provided. [Ord. 2481, 7-7-97. Code 2001 § 32.04.]

2.15.100 Acceptance of gifts.

A. Gifts of any real or personal property or funds donated to the library and accepted by the city council shall be administered in accordance with each gift’s terms, and all property or funds shall be held in the name of the city.

B. Donations in the form of money shall be deposited in an account which is established as a separate account of the city to be known as the Newberg public library gift and memorial fund. [Ord. 2481, 7-7-97. Code 2001 § 32.05.]

2.15.110 Prohibited actions.

It shall be unlawful for any person to willfully or maliciously detain any library materials belonging to the Newberg Public Library for 30 days after notice in writing from the library director that the library material is past due. The notice shall bear upon its face a copy of ORS 357.975 and 357.990. [Ord. 2481, 7-7-97. Code 2001 § 32.06.]

Penalty: See NMC 2.15.900.

Article III. Rate Review Committee

2.15.120 Established.

There is established a rate review committee (“committee”) for the City of Newberg, Oregon. [Ord. 2892 § 1 (Exh. A), 11-15-21; Ord. 2585, 7-21-03; Ord. 2418, 10-2-95. Code 2001 § 32.70.]

2.15.130 Powers and duties.

The committee shall consider the rates for the city wastewater and water systems, the amount of the stormwater maintenance fee, and other rates and/or fees, at the request of and as assigned by the city council. The committee shall hold public hearings, make recommendations to the city council regarding the establishment of the rates and fees, reconsider rates and fees that are proposed to be established by the city council, when referred to them for reconsideration, and make other recommendations concerning the operation, maintenance and construction of the wastewater and water systems, stormwater system, and other systems of the city. Such recommendations shall be accompanied by statements of facts as a basis for such recommendation. The committee, once assigned the responsibility for reviewing the rates and fees, may structure the review process as necessary to offer a recommendation to the city council. The committee shall further have the powers and duties which may hereinafter be assigned to it by the city council. [Ord. 2733 Att. A, 2-7-11; Ord. 2585, 7-21-03; Ord. 2418, 10-2-95. Code 2001 § 32.71.]

2.15.140 Membership and terms of office.

The committee shall consist of nine members. Terms shall be three calendar years except student terms will be one year. Follow membership definitions as listed in NMC 2.15.005(E), Membership Definitions. [Ord. 2892 § 1 (Exh. A), 11-15-21; Ord. 2685, 1-7-08; Ord. 2627, 12-5-05; Ord. 2585, 7-21-03; Ord. 2418, 10-2-95. Code 2001 § 32.72.]

2.15.150 Terms of office and appointment.

Repealed by Ord. 2892. [Ord. 2767 § 1(A), 12-2-13; Ord. 2690 § 2(C), 2-4-08; Ord. 2585, 7-21-03; Ord. 2418, 10-2-95. Code 2001 § 32.73.]

2.15.160 Application and qualifications.

A. The city shall give public notice of any vacancy of the committee and accept such applications for vacancies.

B. The application for membership on the committee shall state the principal occupation of the applicant, the principal residence of the applicant and give other information and qualifications, as the city may deem necessary.

C. All members shall have their principal place of residency inside the city limits at the time of their appointment and during the term that they serve on the committee.

D. No member, except the mayor, shall be an employee or official of the city. [Ord. 2790 § 1, 11-2-15; Ord. 2585, 7-21-03; Ord. 2418, 10-2-95. Code 2001 § 32.74.]

2.15.170 Vacancies and removal.

Repealed by Ord. 2892. [Ord. 2690 § 2(C), 2-4-08; Ord. 2585, 7-21-03; Ord. 2418, 10-2-95. Code 2001 § 32.75.]

2.15.180 Presiding members.

At the committee’s first meeting of the new fiscal year, the committee shall elect a chair and vice chair to serve one-year terms. [Ord. 2892 § 1 (Exh. A), 11-15-21; Ord. 2767 § 1(B), 12-2-13; Ord. 2585, 7-21-03; Ord. 2418, 10-2-95. Code 2001 § 32.76.]

2.15.190 Meetings.

A. A majority of the voting members of the committee shall constitute a quorum. The committee shall meet first as requested by the city council, with subsequent meetings scheduled by the committee. The chair shall have the authority to set the day and time of the meetings; provided, that the council has requested that the rate and/or fee review process proceed. The chair shall have the authority to cancel meetings of the committee. Meetings of the committee shall be open to the public and subject to the Open Meetings Law. Meetings other than the regularly scheduled meetings may be announced at a prior meeting and thereby made a part of the meeting records.

B. The chairman, upon the chairman’s own motion, may, or at the request of three members of the committee, shall, by giving notice to the members of the committee, call a special meeting of the committee for a time not earlier than 24 hours after the notice is given. Notice of a special meeting shall be posted at City Hall and, to the extent feasible, provided to interested persons and the local newspaper at least 24 hours prior to the meeting. [Ord. 2585, 7-21-03; Ord. 2418, 10-2-95. Code 2001 § 32.77.]

2.15.200 Authority.

Once convened, the committee shall have the authority to establish a process for reviewing the water rates, wastewater rates, stormwater maintenance fees, and other fees as assigned by the city council. The process for establishing the rates and fees shall be just and equitable, and set by an administrative process which includes the following:

A. Rates shall be imposed upon all users of the water and wastewater systems, both inside and outside the city, and shall be just and equitable charges for service, maintenance, operation, debt service and reconstruction of the water and/or wastewater system.

B. Fees shall be imposed upon all users of the stormwater system, both in and outside the city, and shall be just and equitable charges for service, maintenance, operation, debt service, and reconstruction of the stormwater system. This review process may be undertaken with either the water rates, wastewater rates, or stormwater maintenance fees, or both the water and wastewater rates together, or all or both rates and fees together.

C. All costs for maintenance, operation, debt service, and reconstruction of the water system and/or wastewater system and/or stormwater system shall be identified by the city staff. These costs shall be reported to, reviewed, changed, and approved by the budget committee of the city during the annual budget process, as required by state statute.

D. The city council shall, as part of the annual budget process, adopt a budget for the maintenance, operation, debt service, and reconstruction of the water system and/or wastewater system and/or stormwater system.

E. Should the budget which the city council adopts require a change in the rates and/or fees levied and imposed upon all users of the water system and/or wastewater system and/or stormwater system, the city council shall, by motion at a duly noticed regular city council meeting, instruct the committee to develop and identify the rates and/or fees according to a cost-to-serve analysis. The cost-to-serve analysis shall provide a proposal for charges for service for the customer service groups which use the water system and/or wastewater system and/or stormwater system.

F. The committee, after due deliberation and consideration, shall set a date for a public hearing to receive input on the proposed rates and/or fees. The public hearing shall be held prior to a final recommendation to the city council on the rates and/or fees. The existing rates and/or fees and the new rates and/or fees shall be published in a newspaper and posted in three public places as part of the notice for the public hearing with the committee. The hearing shall consist of a presentation and explanation of the rates and/or fees by the city manager or designee, and an opportunity for users or representatives of users to address the rates and/or fees or other items of concern with relation to the water system and/or wastewater system and/or stormwater system. A written record of the hearing shall be made and kept for review by the city council.

G. Based on the input from the hearing, its understanding of the needs of the water system and/or wastewater system and/or stormwater system, and any other information it decides to consider, the committee shall recommend the water rates and/or wastewater rates and/or stormwater maintenance fees to be adopted by the city council.

H. The city manager, or a designee, shall compile the written and/or video record for the city council to consider as part of the committee’s recommendation.

I. Notice of the rates and/or fees that are recommended by the committee shall be published in the newspaper and posted in three public places within the city.

J. The city council shall hold a public hearing within 30 days after receiving the committee’s recommendation. The public hearing shall provide an opportunity to comment on the recommended water rates and/or wastewater rates and/or stormwater maintenance fees. The city council shall consider the record of the public hearing held by the committee and may open the matter for additional public input on the proposed rates and/or fees. The city council shall hear presentations and explanations of the rates and/or fees by the city manager, or a designee, as part of the public hearing. The city council may set rates and/or fees which are either equal to or less than those recommended by the committee. The city council may adjust the rates and/or fees, but if they are higher than those recommended by the committee, the city council must send the proposed rates and/or fees to the committee for reconsideration and hearing.

K. If the rates and/or fees are sent back to the committee for reconsideration, the city council shall review the recommendation after the public hearing by the committee.

L. The city council shall then, by resolution, set the water rates, wastewater rates and/or stormwater maintenance fees at an amount that assures the financial self-sufficiency of the systems.

M. Special Provision Allowing Increases Above a Certain Percent per Year in the Rates and/or Fees Set by the City Council to Be Subject to the State Referendum Process. The city council by resolution will set the rate and/or fees as provided for in this section. The rates and/or fees are set by the city council through exercising administrative authority by approval of a resolution. The exercise of administrative authority is not subject to the state referendum process since it is not municipal legislation. However, the city council grants the right to the electorate of the city to refer the resolution that approves any increase in rates and/or fees to the voters of the city for approval subject to the provisions set out below. This right of referral granted to the electorate will use the state referendum process including all the rules, regulations, and laws that apply to that process. Such resolution that adopts the approved increase in rates and/or fees will not take effect for at least 30 days from date of passage. This right of referral is subject to the following conditions:

1. Any annual increase in the rates and/or fees that does not exceed a percentage equal to the Consumer Price Index (CPI) plus three percent annually will not be subject to the referendum process.

2. Any portion of an annual increase which is greater than the percentage designated in subsection (M)(1) of this section will be subject to the right of the electors to refer the approval of that portion of the increase to the voters for approval through the state referendum process as set out above.

3. The CPI designated in subsection (M)(1) of this section is the CPI-U West Region Annual Average. The annual CPI is released on or around February 17th of the following year (approximately one and a half months after calendar year-end).

4. The resolution approving the increase in rates and/or fees will designate which portion of an increase if any is subject to the referral process as set out above. [Ord. 2861 § 1, 4-6-20; Ord. 2752 § 1, 5-7-12; Ord. 2585, 7-21-03; Ord. 2418, 10-2-95. Code 2001 § 32.78.]

2.15.210 Appointments of boards, commissions, and committees.

Recodified at NMC 2.15.005 by Ord. 2790. [Ord. 2690 § 1, 2-4-08. Code 2001 § 32.80.]

Article IV. Planning Commission

2.15.220 Establishment.

There is reestablished a Newberg city planning commission for the City of Newberg, Oregon. [Ord. 2325, 4-6-92; Ord. 1718, 1-8-74. Code 2001 § 32.40.]

2.15.230 Membership and terms of office.

Membership shall consist of eight members. Terms shall be three calendar years except student terms will be one year. Follow membership definitions as listed in NMC 2.15.005(E), Membership Definitions. [Ord. 2892 § 1 (Exh. A), 11-15-21; Ord. 2844 § 1, 5-20-19; Ord. 2374, 4-4-94; Ord. 1718, 1-8-74. Code 2001 § 32.41.]

2.15.240 Term of office.

Repealed by Ord. 2892. [Ord. 2760 § 1, 3-4-13; Ord. 2690 § 2(B), 2-4-08; Ord. 2325, 4-6-92; Ord. 2320, 1-21-92; Ord. 1718, 1-8-74. Code 2001 § 32.42.]

2.15.250 Vacancies and removal.

Repealed by Ord. 2892. [Ord. 2690 § 2(B), 2-4-08; Ord. 2325, 4-6-92; Ord. 1718, 1-8-74. Code 2001 § 32.43.]

2.15.260 Presiding members.

At the commission’s first meeting of each calendar year, the commission shall elect a chairman and vice chairman to serve one-year terms. [Ord. 2325, 4-6-92; Ord. 1718, 1-8-74. Code 2001 § 32.44.]

2.15.270 Staff services.

The city recorder shall provide a secretary to the commission and such other staff and consultation services as may be appropriate. The secretary shall keep a record of commission proceedings. [Ord. 2325, 4-6-92; Ord. 1718, 1-8-74. Code 2001 § 32.45.]

2.15.280 Meetings.

A. A majority of the voting members of the planning commission shall constitute a quorum. The commission shall meet at least once a month unless business does not require such a meeting. In which case, the chairman, with the consent of the city manager, or the city manager’s designee, may cancel such meeting. Meetings of the commission shall be open to the public and subject to the Open Meetings Law. Meetings other than the regularly scheduled times may be announced at a prior meeting and thereby be made a part of the meeting records.

B. The chairman, upon the chairman’s own motion, may, or at the request of three members of the commission, shall, by giving notice to the members of the commission, call a special meeting of the commission for a time not earlier than 24 hours after the notice is given. Notice of a special meeting shall be posted at City Hall and to the extent feasible, provided to interested persons and the local newspaper at least 24 hours prior to the meeting. [Ord. 2374, 4-4-94; Ord. 2325, 4-6-92; Ord. 1718, 1-8-74. Code 2001 § 32.46.]

2.15.290 Powers and duties.

The commission shall have the powers and duties which are not and may hereinafter be assigned to it by Charter, ordinances or resolutions of the city and general laws of the state. [Ord. 2325, 4-6-92; Ord. 1718, 1-8-74. Code 2001 § 32.47.]

2.15.300 Application.

A. The city shall give public notice of any vacancy of the planning commission and accept such application for such vacancies.

B. The application for membership on the planning commission shall state the principal occupation of the applicant, the principal residency of the applicant, and give other information and qualifications as the city may deem necessary. [Ord. 2325, 4-6-92; Ord. 1718, 1-8-74. Code 2001 § 32.48.]

2.15.310 Conflict of interest.

A member of the planning commission shall abide by and be in accordance with the State Ethics Code. [Ord. 2325, 4-6-92; Ord. 2320, 1-21-92; Ord. 1718, 1-8-74. Code 2001 § 32.49.]

2.15.320 Training.

The city shall offer training to planning commissioners to educate them in their duties. It shall be the duty of any newly appointed planning commissioner to attend a basic training session from staff within 30 days of the planning commissioner’s appointment. It shall be the duty of any reappointed planning commissioner to attend at least a one-hour training session from staff or offered by the city within 12 months from the beginning of that person’s appointed term. [Ord. 2669, 5-7-07. Code 2001 § 32.50.]

Article V. Traffic Safety Commission

2.15.330 Establishment.

There is established a Newberg traffic safety commission (“commission”) for the City of Newberg. [Ord. 2829 § 1 (Exh. B), 4-2-18; Ord. 2743 § 1, 10-3-11; Ord. 2427. Code 2001 § 32.15.]

2.15.340 Membership.

The mayor, city manager, chief of police, and city engineer shall serve as ex officio nonvoting members of the commission. The chief of police and city engineer may designate a person in their department to serve in their capacity. The commission shall consist of nine members. Terms shall be three calendar years except student terms will be one year. Follow membership definitions as listed in NMC 2.15.005(E), Membership Definitions. [Ord. 2892 § 1 (Exh. A), 11-15-21; Ord. 2844 § 2, 5-20-19; Ord. 2829 § 1 (Exh. B), 4-2-18; Ord. 2790 § 2, 11-2-15; Ord. 2743 § 1, 10-3-11; Ord. 2427. Code 2001 § 32.16.]

2.15.350 Terms of office.

The members of the commission will serve for a term of three consecutive calendar years. The terms will begin January 1st of the first calendar year and end December 31st of the last calendar year. The terms of the members will be established in approximately equal expiration of terms each year. The term of the student members will begin June 1st of each calendar year and end May 31st of succeeding calendar year with reappointment not to exceed three years. Members of the commission will continue after expiration of the term until such time as their successors are appointed. [Ord. 2829 § 1 (Exh. B), 4-2-18; Ord. 2743 § 1, 10-3-11; Ord. 2690 § 2(A), 2-4-08; Ord. 2427. Code 2001 § 32.17.]

2.15.360 Appointment and qualifications.

The procedure and qualifications for appointment to positions on the commission are as follows:

A. The city will give public notice of any vacancy of the commission and accept such applications for vacancies.

B. The application for membership on the commission will state the principal occupation, residence of the applicant, and other information or qualifications the city may deem necessary.

C. All members will have their principal place of residency in the City of Newberg, except two members may have their residency outside the city limits, but within the urban growth boundary of the city. [Ord. 2829 § 1 (Exh. B), 4-2-18; Ord. 2743 § 1, 10-3-11; Ord. 2427. Code 2001 § 32.18.]

2.15.370 Vacancies and removals.

Repealed by Ord. 2892. [Ord. 2829 § 1 (Exh. B), 4-2-18; Ord. 2743 § 1, 10-3-11; Ord. 2690 § 2(A), 2-4-08; Ord. 2427. Code 2001 § 32.19.]

2.15.380 Presiding members.

At the commission’s first meeting of each calendar year, the commission will elect a chair and a vice chair. The chair will preside at all meetings of the commission. The vice chair will preside in the absence of the chair. An election will be held thereafter on the first meeting of each calendar year for the purpose of electing a chair and a vice chair of the commission. The city engineer, or designee, will act as secretary to the commission. [Ord. 2829 § 1 (Exh. B), 4-2-18; Ord. 2743 § 1, 10-3-11; Ord. 2427. Code 2001 § 32.20.]

2.15.390 Meetings, quorum, and official action.

Meetings of the commission will be called and conducted in the following manner:

A. Regular Meetings. The commission will hold regular meetings at a time and place designated by the commission. The commission will meet whenever business warrants but, in no event, not less than quarterly. Notice of meetings and the agenda will be published in accordance with Oregon Public Meetings Law.

B. Special and Emergency Meetings. A special meeting of the commission may be called by the chair, upon its own motion, or the city engineer, upon his/her own motion, or at the request of the majority of the members of the commission. Notice of the meeting will be given in accordance with the Oregon Public Meetings Law. An emergency meeting of the commission may be called in the same manner as a special meeting. The facts constituting the emergency will be placed upon the record as the first order of business of that meeting.

C. Quorum. A majority of the voting members (five members) of the commission will constitute a quorum. A quorum is required to be present at meetings in order to conduct official business.

D. Official Action. A vote of the majority of the quorum will be necessary to take any official action by the commission.

E. Public Meetings. The meetings of the commission will be open to the public and subject to the Oregon Public Meetings Law. Meetings other than regularly scheduled meetings may be announced at a prior meeting. [Ord. 2829 § 1 (Exh. B), 4-2-18; Ord. 2743 § 1, 10-3-11; Ord. 2427. Code 2001 § 32.21.]

2.15.400 Purpose and duties.

A. The purpose of the commission is to promote traffic safety through investigation, study and analysis of traffic safety programs; to conduct educational efforts among the public in the matters of public safety; to consider all traffic safety programs which are referred to them for recommendation by the city council and to make reports to the city council on matters of traffic safety and traffic safety programs.

B. The commission’s duties include, but are not limited to:

1. Reviewing proposals related to major traffic matters within the city.

2. Making recommendations to the city council on issues pertaining to traffic safety, traffic planning and design, and general traffic matters.

3. Promulgating standards and policies relating to neighborhood traffic management.

4. Researching, developing and implementing coordinated traffic safety programs which meet local needs.

5. Promoting public acceptance of official programs proposed or instigated by the city.

6. Fostering public knowledge and support of traffic law enforcement, transportation planning and traffic engineering issues.

7. Coordinating with the public and private school systems of the city to promote traffic safety aids in the schools and public education on traffic safety.

8. Holding public hearings on traffic issues, as provided in NMC 2.15.410, to decide upon locations designated for parking, crosswalks, safety zones and traffic control signs within the community. [Ord. 2829 § 1 (Exh. B), 4-2-18; Ord. 2743 § 1, 10-3-11; Ord. 2427. Code 2001 § 32.22.]

2.15.410 Authority.

A. Limited Traffic Decisions. Limited traffic decisions are traffic decisions which affect and are confined to one particular location.

1. The city engineer will make an initial decision based on city policies. Notice of the decision will be mailed to property owner(s) within 300 feet of the subject location if more than one property owner is affected by the decision. The notice will include information on how to appeal the decision.

2. Request for Public Hearing. A public hearing will be held before the traffic safety commission upon written request by two or more affected property owners. Notice of the hearing will be given to property owners within 300 feet of the subject location in a manner reasonably calculated to notify affected property owners.

3. Notice of the decision by the traffic safety commission will be mailed to all property owners within 300 feet of the subject location within 10 business days of the decision.

4. Appeal. Limited traffic decisions of the traffic safety commission may be appealed to the Newberg city council within 30 days of the notice of the decision. A notice of appeal and council hearing date will be mailed to property owners within 300 feet of the subject location as provided in NMC 2.15.450.

B. General Traffic Decisions. General traffic decisions are decisions which affect the entire community, or a number of locations. Such decisions are truck routes, general parking policies, parking for one-way grids affecting more than one block, general signage policies, traffic safety hazard policies and traffic safety programs. Such decisions will be made in the following manner:

1. Notice will be given in a method reasonably calculated to give all interested parties notice.

2. Such notice will state the following:

a. The time, date and place of the hearing.

b. The recommended decision to be made.

c. The criteria to be used in making the decision.

d. That public testimony will be taken at the hearing.

e. Written comments can be made and the location where such comments can be delivered, mailed, or emailed.

3. The commission will meet at the time and date to conduct a hearing pursuant to the process adopted by the commission.

4. When the commission has made a decision, reasonable notification of the decision will be given and the right of any party making an appearance in the hearing by either written form or by oral testimony will be informed of their right to appeal. Notice of the decision may be done by announcing the decision and the right to appeal at the hearing where the decision is made.

C. Decisions of Commission. All decisions of the commission will be final unless such decision is appealed by parties having the right to appeal such decision to the city council in accordance with NMC 2.15.450. [Ord. 2829 § 1 (Exh. B), 4-2-18; Ord. 2743 § 1, 10-3-11; Ord. 2427. Code 2001 § 32.23.]

2.15.420 Final decisions – Enactment.

Final decisions will be forwarded to the city manager or designee to enact the decision and do all necessary work to carry out the decisions of the commission. Such work will be performed under the direction of the city manager or designee. Specific action taken in carrying out the final decisions will be the responsibility of the city manager or designee. [Ord. 2829 § 1 (Exh. B), 4-2-18; Ord. 2743 § 1, 10-3-11; Ord. 2427. Code 2001 § 32.24.]

2.15.430 Log of decisions.

Decisions made by the commission will be set out in a schedule in chronological date order and in accordance with the type of decision, the date of the decision, the brief description of the decision made and the date in which the action was taken for the decision. The city engineer or designee will have the authority to update the schedule. Such schedule, as soon as reasonably possible, but in no event later than quarterly, will be presented to the commission for its review and comment. [Ord. 2829 § 1 (Exh. B), 4-2-18; Ord. 2743 § 1, 10-3-11; Ord. 2427. Code 2001 § 32.25.]

2.15.440 Development permit process decisions.

Repealed by Ord. 2743. [Ord. 2427. Code 2001 § 32.26.]

2.15.450 Appeals of decisions.

The decisions of the commission can be appealed to the city council. The commission will have an opportunity to reconsider its decision when a petition for appeal is filed. The following procedure is established for an appeal of a commission decision:

A. Parties Who Can Appeal. Any party appearing before the commission, either in written form or by oral testimony, the city manager, and the city engineer have the authority to appeal the decision of the commission.

B. Petition for Appeal and Time of Filing. Any decision of the commission can be appealed to the city council if such appeal is made within 14 days of the date of the decision. Such appeal will be made upon the petition prescribed for and approved by the commission stating the name of the party, indicating standing of party to appeal, demonstrating where the decision was in error, and what, if any, new evidence is available that was not available at the hearing.

C. Effect of Decision While Appeal or Reconsideration Is Pending. The decision of the commission will be held in abeyance pending appeal to the city council. However, this does not affect the ability of the city engineer to enact any decision under the authority granted to him/her under NMC 2.15.470. [Ord. 2829 § 1 (Exh. B), 4-2-18; Ord. 2743 § 1, 10-3-11; Ord. 2733 Att. A, 2-7-11; Ord. 2427. Code 2001 § 32.27.]

2.15.460 City council decisions.

The city council will consider any appeal of a decision by the commission using the following procedure:

A. Record Before Council and Public Testimony. The city council will hear the appeal based upon the record filed, any written information which will consist of all documents before the commission, plus the minutes of the commission. Written material can be submitted by the appellant or any party prior to the council meeting. The city council may, upon the majority of the vote, set the matter down for a public hearing where testimony can be heard.

B. Authority of City Council. The city council, after hearing, may reverse the commission’s decision and/or completely substitute their judgment for that of the commission, and will have the authority to consider all matters, whether they were specified in the appeal or not, remand the matter back to the commission, or do whatever the city council deems proper.

C. Final Decision. The decision of the city council is final. [Ord. 2829 § 1 (Exh. B), 4-2-18; Ord. 2743 § 1, 10-3-11; Ord. 2427. Code 2001 § 32.28.]

2.15.470 Authority of city engineer.

The city engineer will have the authority to make traffic decisions as follows:

A. General Authority. The city engineer will have the authority to establish, maintain, remove or alter any traffic control device. Such orders of the city engineer will designate the findings as to reasons for taking such action, will make entry into the schedule of decisions, and submit a report and findings as to reasons for taking such action to the traffic safety commission.

B. Appeal to Commission. At the next regularly scheduled meeting, the city engineer will ratify, affirm, alter or change the action.

C. The city engineer and/or designee will have authority to make decisions on all temporary street closures or other temporary traffic changes due to special events, such as Old Fashioned Festival (parade) and other public functions.

D. Permits for closure of the Newberg cultural district festival street are issued under NMC 12.05.245. [Ord. 2829 § 1 (Exh. B), 4-2-18; Ord. 2779 § 3, 2-17-15; Ord. 2743 § 1, 10-3-11; Ord. 2427. Code 2001 § 32.29.]

2.15.480 Legal advice.

The commission has the authority to request legal advice from the city attorney. [Ord. 2829 § 1 (Exh. B), 4-2-18; Ord. 2743 § 1, 10-3-11; Ord. 2427. Code 2001 § 32.30.]

Article VI. Historic Preservation Commission

2.15.500 Establishment.

There is hereby established a historic preservation commission for the City of Newberg, Oregon. [Ord. 2764 § 1 (Exh. A § 2), 10-7-13.]

2.15.510 Purpose.

The historic preservation commission for the City of Newberg is established to identify, recognize, and preserve significant properties related to the community’s history, encourage the rehabilitation and ongoing viability of historic buildings and structures, strengthen public support for historic preservation efforts within the community, foster civic pride, and encourage cultural heritage tourism. [Ord. 2764 § 1 (Exh. A § 2), 10-7-13.]

2.15.520 Membership.

A. The commission shall consist of six members who are not officials or employees of the city. Terms shall be three calendar years except student terms will be one year. Follow membership definitions as listed in NMC 2.15.005(E), Membership Definitions.

B. Members should have a demonstrated competence, knowledge, or interest in historic preservation with preference given to those with professional experience in the fields of preservation, architecture, archaeology, community history, building trades, real estate, or related specialties. [Ord. 2892 § 1 (Exh. A), 11-15-21; Ord. 2844 § 3, 5-20-19; Ord. 2764 § 1 (Exh. A § 2), 10-7-13.]

2.15.530 Term of office.

A. Members of the historic preservation commission shall be appointed by the mayor with the consent of the city council for a term of three years from the first calendar day of the year. The appointments of some members shall be for other than specified terms in order to establish an approximately equal expiration of terms each year. The term of the student member will begin June 1st of each calendar year and end May 31st of succeeding calendar year with reappointment not to exceed three years. Members of the historic preservation commission shall continue after expiration of their term until such time as their successors are appointed.

B. The term of each member shall continue until such time as their successors are appointed. [Ord. 2764 § 1 (Exh. A § 2), 10-7-13.]

2.15.540 Vacancies and removal.

Repealed by Ord. 2892. [Ord. 2764 § 1 (Exh. A § 2), 10-7-13.]

2.15.550 Presiding members.

At the commission’s first meeting of each calendar year, the commission shall elect a chair and vice chair to serve one-year terms. [Ord. 2764 § 1 (Exh. A § 2), 10-7-13.]

2.15.560 Staff services.

2.15.570 Meetings.

A. A majority of the voting members of the historic preservation commission shall constitute a quorum. The commission shall meet at least four times a year, and as required to conduct business in a timely fashion. Meetings of the commission shall be open to the public and shall be subject to the Open Meetings Law. Meetings other than the regularly scheduled times may be announced at a prior meeting and thereby be made a part of the meeting records.

B. The chair, upon the chair’s own motion, may, or at the request of two members of the commission shall, by giving notice to the members of the commission, call a special meeting of the commission for a time not earlier than 24 hours after the notice is given. Notice of a special meeting shall be posted at City Hall and, to the extent feasible, provided to interested persons and the local newspaper at least 24 hours prior to the meeting.

C. Meeting minutes, applications for historic review, landmark nominations, records of landmark designation, staff reports, and decisions of the commission shall be created and maintained as public records in accordance with applicable local and state laws. [Ord. 2764 § 1 (Exh. A § 2), 10-7-13.]

2.15.580 Powers and duties.

A. The commission shall have the powers and duties which are now and may hereinafter be assigned to it by Charter, ordinances or resolutions of the city and general laws of the state.

B. The commission shall identify and evaluate properties in the City of Newberg and maintain a historic resource survey consistent with the standards of the Oregon State Historic Preservation Office, hereinafter referred to as “SHPO.”

C. The commission shall make recommendations to the city council regarding properties to be designated to the list of designated landmarks.

D. The commission shall review and act upon applications for the alteration, relocation, or demolition of designated landmarks.

E. The commission shall support the enforcement of all state laws relating to historic preservation.

F. The commission shall perform any other functions that may be designated by resolution or motion of the city council.

G. The commission may publish and adopt written and graphic guidelines and example materials to clarify the criteria in the historic landmarks section of this code and to assist applicants in developing complete and viable applications to designate, alter, rehabilitate, relocate, or demolish landmarks. The commission may make recommendations to the city council regarding changes to regulations of designated landmarks within the Newberg development code using the established procedures for amendments.

H. The commission may undertake to inform the citizens and visitors to the City of Newberg of the community’s history and prehistory, promote research into its history and prehistory, collect and make available materials on the preservation of designated landmarks, provide information on state and federal preservation programs, and document designated landmarks prior to their alteration, demolition, or relocation and archive that documentation.

I. The commission may make recommendations to the city council regarding expenditures for historic preservation activities and potential funding source in which to pay for the recommended expenditures.

J. The commission may recommend incentives and code amendments to the city council and planning commission to promote historic preservation in the community.

K. The commission may comment on local, state, or federal issues, laws, and requests relating to historic preservation.

L. The commission may adopt rules to conduct its business meetings. [Ord. 2764 § 1 (Exh. A § 2), 10-7-13.]

2.15.590 Application for membership.

A. The city shall give public notice of any vacancy of the historic preservation commission and accept such application for such vacancies.

B. The application for membership on the historic preservation commission shall state the principal occupation of the applicant, the principal residence of the applicant, and give other information and qualifications as the city may deem necessary. [Ord. 2764 § 1 (Exh. A § 2), 10-7-13.]

2.15.600 Conflict of interest.

A member of the historic preservation commission shall abide by and be in accordance with the state Ethics Code. [Ord. 2764 § 1 (Exh. A § 2), 10-7-13.]

2.15.610 Training.

The city shall offer training to historic preservation commissioners to educate them in their duties. It shall be the duty of any newly appointed historic preservation commissioner to attend a basic training session from staff within 30 days of the historic preservation commissioner’s appointment. It shall be the duty of any reappointed historic preservation commissioner to attend at least a one-hour training session from staff or offered by the city within 12 months from the beginning of that person’s appointed term. [Ord. 2764 § 1 (Exh. A § 2), 10-7-13.]

Article VII. Penalty

2.15.900 Penalty.

A. Violation of any provision of this chapter for which no other specific penalty is provided shall be punishable in accordance with NMC 1.05.200.

B. Violation for willful or malicious detention of library materials in violation of NMC 2.15.110 is punishable upon conviction by a fine of not less than $25.00 nor more than $250.00. Such conviction and payment of the fine shall not be construed to constitute payment for library material, nor shall a person convicted under this section be thereby relieved of any obligation to return such material to the library. Persons must be notified by certified mail 10 days prior to citation being issued. [Ord. 2764 § 1 (Exh. A § 3), 10-7-13; Ord. 2481, 7-7-97. Code 2001 § 32.99. Formerly 2.15.490.]