The following seal is declared to be the impression of the official municipal or common seal of West Linn and the seal making the same is declared to be the official municipal or common seal of said City of West Linn, Oregon.

[Amended by Ordinance No. 1618, adopted 01-27-2014.]

COMMUNITY ADVISORY GROUPS

2.005 General Authority.

The City Council may create community advisory groups to aid the Council in the conduct of public affairs. The City Council may also create ad hoc committees to accomplish a specific task or project. All community advisory groups shall be governed by this chapter, except that if application of a provision conflicts with an applicable State statute, the State statute shall prevail. The specific enabling provisions for each community advisory group are contained in Section 2.075.

[Added by Ordinance No. 1637, adopted 12-08-2014; amended by Ordinance No. 1728, adopted 09-13-2021.]

2.010 Types of Community Advisory Groups.

“Community advisory groups” include ad hoc committees, advisory boards, commissions, and other committees.

[Added by Ordinance No. 1637, adopted 12-08-2014; amended by Ordinance No. 1728, adopted 09-13-2021.]

2.015 Compliance with State Law Required.

All community advisory groups, and any subcommittees, shall comply with the State of Oregon Public Records Law, Public Meetings Law, Code of Ethics, laws regarding conflicts of interest, and any other applicable State laws. Each community advisory group shall be responsible for ensuring that its subcommittee complies with these laws.

[Added by Ordinance No. 1637, adopted 12-08-2014; amended by Ordinance No. 1728, adopted 09-13-2021.]

2.020 Relationship to City Council.

(1) Council Authority. The City Council is the elected legislative and policy-making body of the City. Unless governed by a specific State mandate, community advisory groups are appointed pursuant to the Council’s authority and shall have only those powers and functions expressly delegated by the Council. With the exception of certain delegated quasi-judicial actions, most advisory commissions and boards do not make final decisions but instead make recommendations, act in an advisory capacity to the Council, and help the Council implement the Council goals. The City Council is the final decision maker on all City policies and the use of City resources.

(2) Council as Final Decision Maker. No community advisory group shall have the authority to expend City funds, or to obligate the City for payment of any sum of money, except as expressly delegated or authorized by prior approval of the City Council. Proposals by boards and commissions for endorsement or sponsorship of events, activities or programs must receive approval by City Council as provided by resolution.

(3) Council members may attend meetings of any community advisory group. Council members may not chair a community advisory group. A councilor may not speak on behalf of the City Council at a community advisory group meeting unless authorized to do so by the Council. Council members may not vote at any meeting of any community advisory group.

(4) Council Liaison. Each year the Mayor may appoint a liaison from the Council to each community advisory group. The purpose of the Council liaison is to provide a direct line of communication between the community advisory group and the City Council. The Council liaison and the chair of the affected community advisory group shall have joint obligation to keep the Council and the community advisory group informed of relevant City or community advisory group information. The Council liaison to each community advisory group may change annually.

(5) Additional Duties and Projects. In addition to the duties and responsibilities established for community advisory groups in Section 2.025, the City Council may from time to time assign other duties or projects as the Council deems appropriate.

(6) A member of any community advisory group may testify before the Council only as an individual citizen, not on behalf of the community advisory group, unless the member has been designated as a spokesman for the community advisory group on the applicable issue or topic.

[Added by Ordinance No. 1637, adopted 12-08-2014; amended by Ordinance No. 1654, adopted 10-17-2016; amended by Ordinance No. 1673, adopted 03-19-2018; amended by Ordinance No. 1728, adopted 09-13-2021.]

2.025 Community Advisory Group Duties and Responsibilities.

(1) Powers and Duties. Community advisory groups shall have the powers and duties assigned to them by the City Charter, ordinances or resolutions of this City, and general laws of this State.

(2) Responsibilities. Community advisory groups shall have special projects in the subject matter area of the community advisory group to which they were appointed. The City Council shall provide direction, and when possible, a work plan for the community advisory group to work on during the year.

(3) Council Goals. Community advisory groups are encouraged to establish annual goals and action items that reflect any specific duties, projects, or goals the Council has assigned or established. Community advisory groups are expected to suggest, support and advance Council goals and are encouraged to look for ways within the scope of the group’s responsibilities to do so.

(4) Annual Report. The City Council shall receive an annual report from each community advisory group. The purpose of such reports will be to:

(a) Note accomplishments;

(b) Address concerns;

(d) Evaluate progress made on any associated Council goals.

(5) Subcommittees. A community advisory group may request that the City Council establish a subcommittee. Prior to voting to request the Council to approve creation of a subcommittee, the community advisory group shall first request and consider a report from staff regarding the costs and time involved in staffing the subcommittee. Any request to form subcommittees shall be submitted to the City Council in writing and shall contain:

(a) An explanation of the function of and need for the subcommittee;

(b) The number and any qualifications of its members;

(d) If the subcommittee is an ad hoc subcommittee, a deadline for completion of the ad hoc subcommittee’s responsibilities.

[Added by Ordinance No. 1637, adopted 12-08-2014; amended by Ordinance No. 1728, adopted 09-13-2021.]

2.030 Appointment.

(1) Appointments. The Mayor, with consent of the City Council, shall appoint persons to positions for full and partial terms on community advisory groups by motion. Appointees shall meet the qualifications for the community advisory group, if any. The Council may interview or screen applicants for positions, as it deems appropriate.

(2) Appointment for Partial Term. If a position becomes vacant before the expiration of the term, the appointee shall fill the vacancy for the remainder of the term.

(3) When making or approving appointments, the Mayor and Council may consider special expertise of applicants and the geographic diversity of the membership of community advisory groups. To ensure opportunities for equal participation, an individual shall not be appointed to more than two community advisory groups.

[Added by Ordinance No. 1637, adopted 12-08-2014; amended by Ordinance No. 1728, adopted 09-13-2021.]

2.035 Membership.

All community advisory groups shall consist of seven members each, except for the Budget Committee, which shall consist of five members. All members shall be residents of the City and shall be selected based on their qualifications, unless otherwise provided in Sections 2.080 to 2.096.

[Added by Ordinance No. 1637, adopted 12-08-2014; amended by Ordinance No. 1687, adopted 09-10-2018; amended by Ordinance No. 1728, adopted 09-13-2021.]

2.040 Terms of Office; Vacancies.

(1) Terms. All community advisory group members shall serve a four-year term. All regular terms shall commence with appointment and shall expire on December 31st of the fourth year.

(2) Staggering of Terms. Initial terms for a newly created community advisory group shall be staggered in the resolution of appointment so that a majority of the positions do not become vacant in the same year and so that an equal or approximately equal number of positions become vacant each year.

(3) Vacancies. Appointments to fill vacancies shall be for the remainder of the unexpired term pursuant to Section 2.030(2).

[Added by Ordinance No. 1637, adopted 12-08-2014; amended by Ordinance No. 1728, adopted 09-13-2021.]

2.045 Meetings; Rules of Procedure; Attendance.

(1) Meetings. Community advisory groups shall meet as needed to accomplish the duties assigned to the group, the Council goals and other business needs of the City.

(2) Rules of Procedure. A community advisory group shall conduct its meetings in accordance with the Council Rules, West Linn Municipal Code, City Charter, and State law.

(3) Recommendations. All recommendations to the Council shall be in writing. The staff liaison shall prepare a memorandum to the Council, signed by the community advisory group chair, stating the community advisory group’s recommendation.

(4) Final Decisions. All final decisions by the Historic Review Board and Planning Commission shall be in writing, signed by the chair.

(5) Attendance. A member should provide at least 48 hours’ notice to both the chair of the community advisory group and the staff liaison regarding any planned absence from a scheduled meeting of the community advisory board. In the event an unexpected emergency will cause a member to be absent from the meeting, the member must, if possible, notify the chair or the staff liaison within a reasonable time in advance of the meeting to prevent an unexcused absence. Unexcused absences are grounds for removal pursuant to Section 2.070.

[Added by Ordinance No. 1637, adopted 12-08-2014; amended by Ordinance No. 1654, adopted 10-17-2016; amended by Ordinance No. 1728, adopted 09-13-2021.]

2.050 Public Meeting Law.

(1) All meetings of community advisory groups are subject to strict compliance with the public meeting laws of the State of Oregon.

(2) Meetings shall be open to the public. If business from a meeting is being continued to a meeting date that is not at a regularly scheduled time, the community advisory group can notice the meeting by announcing the date and time for the continuation of the meeting. The chairperson upon a motion may, or at the request of a quorum shall, by giving notice to members, call a previously unannounced special meeting for a time not earlier than 24 hours after the notice is given.

[Added by Ordinance No. 1637, adopted 12-08-2014; amended by Ordinance No. 1728, adopted 09-13-2021.]

2.055 Quorum; Vote; Lack of Quorum.

(1) Quorum. A meeting quorum shall exist when four or more members of the body are present, except for the Budget Committee. Members do not have to be physically present at the meeting if another means of attendance (e.g., telephone, Internet) has been established by the membership and public meetings law requirements are met.

(2) Vote. Except as otherwise expressly provided by the City Code or other applicable law or regulation, the concurrence of a majority of members present and eligible to vote shall be necessary to pass any motion or decide any question. A member is not eligible to vote if the member has recused themselves, or if the member has declared a conflict of interest or bias.

(3) Lack of Quorum. If the members in attendance do not constitute a quorum, all topics advertised are automatically added to the agenda for the next regularly scheduled meeting. If a quorum is not possible due to conflicts of interest, bias, or recusal, the matter shall be forwarded to the Council without any further action by the community advisory group.

[Added by Ordinance No. 1637, adopted 12-08-2014; amended by Ordinance No. 1728, adopted 09-13-2021.]

2.060 Officers.

(1) Each community advisory group shall elect a chair and a vice chair from its membership as soon as practicable each calendar year. Council members may not chair a community advisory group. Nothing in this subsection shall prevent appointment of co-chairs that share responsibilities of the chair, as the community advisory group deems appropriate. No member shall serve more than two consecutive terms as either chair or co-chair.

(2) The chair shall:

(a) Preside at all meetings.

(b) Be responsible for maintaining communication with the Council liaison and City staff assigned to the committee.

(3) The vice chair shall exercise the duties of the chair in the chair’s absence.

[Added by Ordinance No. 1637, adopted 12-08-2014; amended by Ordinance No. 1654, adopted 10-17-2016; amended by Ordinance No. 1728, adopted 09-13-2021.]

2.065 Staff Liaison.

The City Manager shall provide staff assistance to community advisory groups when appropriate, feasible, and within budgetary limitations. The City Manager shall determine which department or staff person shall serve as liaison to each community advisory group. The staff liaison provides professional guidance, continuity, insight into City policy, and coordinates with the chair to set the agenda, which is approved by the chair prior to the posting of the agenda, and adopted by the community advisory group at the meeting. Staff shall sit with the community advisory group and participate in all community advisory group discussion, but staff shall not vote on matters. Staff will ensure that minutes are produced for each meeting that staff attends. The staff liaison supports the group as a whole and shall not do work at the request of individual members.

[Added by Ordinance No. 1637, adopted 12-08-2014; amended by Ordinance No. 1654, adopted 10-17-2016; amended by Ordinance No. 1728, adopted 09-13-2021.]

2.070 Removal.

(1) Removal by Council. Members of all community advisory groups shall serve at the pleasure of the Council. The City Council, with or without cause, may by majority vote of the City Council at a regular meeting, remove any community advisory group member prior to the expiration of the member’s term. Written notice of removal to the affected member shall be provided. Removal shall be handled with respect and courtesy. If a member resigns or is removed, the Mayor shall appoint a replacement for the remainder of the term in accordance with Section 2.030(2).

Notwithstanding the above procedure, removal of a Planning Commissioner for misconduct or nonperformance of duty shall be governed by the procedures in ORS 227.030.

(a) “Misconduct” includes failure to declare a potential conflict of interest, conflict of interest, bias, or failure to comply with the West Linn Municipal Code, including Section 2.015, or any other West Linn policies or rules.

(b) “Non-performance of duty” occurs if a member has unexcused absences from three meetings within a calendar year.

(2) Removal Upon Recommendation of Community Advisory Group. A community advisory group may recommend removal of one of its members to the City Council for misconduct or nonperformance of duty in accordance with subsection (1) of this section. The City Council shall act on a recommendation for removal of a member for misconduct or nonperformance at the next convenient opportunity.

[Added by Ordinance No. 1637, adopted 12-08-2014; amended by Ordinance No. 1728, adopted 09-13-2021.]

2.075 Community Advisory Groups.

Establishment. The following community advisory groups are established in accordance with the provisions of Sections 2.005 to 2.099:

(1) Budget Committee;

(2) Economic Development Committee;

(3) Historic Review Board;

(4) Library Board;

(5) Parks and Recreation Board;

(6) Planning Commission;

(7) Sustainability Advisory Board;

(8) Transportation Advisory Board;

(9) Utility Advisory Board;

(10) Public Safety Advisory Board; and

(11) Arts and Culture Commission.

2.080 Planning Commission.

(1) Appointments to the Planning Commission. In selecting individuals for membership on the Planning Commission, the City Council shall give preference to those individuals who possess a particular competence in the field of municipal planning by way of their profession, trade, or prior or present governmental service. No more than two voting members shall be engaged principally in the buying, selling or developing of real estate for profit as individuals, or be members of any partnership, or officers or employees of any corporation, that is engaged principally in the buying, selling or developing of real estate for profit. No more than two voting members shall be engaged in the same kind of occupation, business, trade or profession.

(2) Lack of Quorum Because of Unfilled Vacancies. Should the Planning Commission be unable to function with a quorum of members due to unfilled vacancies, the City Council shall fulfill the duties of the Commission until a quorum of members is restored.

[Added by Ordinance No. 1637, adopted 12-08-2014.]

2.085 Budget Committee.

Appointments to the Budget Committee shall be in accordance with ORS 294.414.

[Added by Ordinance No. 1637, adopted 12-08-2014; amended by Ordinance No. 1728, adopted 09-13-2021.]

2.090 Historic Review Board.

Each member appointed to the Historic Review Board shall have a demonstrated interest, knowledge or competence in historic preservation and, to the extent possible, in one of the following fields: archaeology, architecture, building construction, history, landscape architecture, law, local history, real estate or urban planning. If possible, at least one member shall be an architect experienced in historic preservation. The majority of the members shall reside within the City of West Linn.

[Added by Ordinance No. 1637, adopted 12-08-2014.]

2.095 Utility Advisory Board.

A Utility Advisory Board is established pursuant to Chapter X, Section 45 of the City Charter to make recommendations to the City Council concerning rates for water and other duties assigned by the Council.

[Added by Ordinance No. 1637, adopted 12-08-2014.]

2.096 Library Advisory Board.

Membership on the Library Advisory Board shall provide for fair representation of all served library patrons, including Board membership from outside City limits.

[Added by Ordinance No. 1687, adopted 09-10-2018.]

2.098 Urban Renewal Agency.

(1) The City Council finds and declares that blighted areas as defined in ORS 457.010 exist in the City and that there is a need for an Urban Renewal Agency to function in the City.

(2) The City Council elects to exercise the powers of the Urban Renewal Agency itself.

(3) The corporate name of the agency activated by this section shall be the “West Linn Redevelopment Agency.”

[Added by Ordinance No. 1738, adopted 06-13-2022.]

2.099 Local Contract Review Board.

(1) Policy. All public contracts shall be based upon competitive bids except as expressly provided by State law, this chapter, or the rules adopted by the Local Contract Review Board.

(2) Contract Review Board. The City Council is designated as the Local Contract Review Board for the City of West Linn. The Council shall have all of the duties and authority of a contract review board and contracting agency under Oregon State law. The Board shall adopt rules relating to the public bidding process and public contracts.

(3) Authority to Obligate the City. The City Council shall approve all public contracts and personal services contracts except as otherwise provided in subsection (4) of this section.

(4) Delegation of Authority to Obligate City. The City Manager may enter into a public contract or personal services contract in accordance with the local public contracting rules.

(5) Limitation on Expenditures. The delegated authority to obligate the City shall be subject to the following limitations:

(a) The expenditure shall be for a single complete item or contract; and

(b) The item or contract shall not be a component of a project except in the case of a project which involves a personal services contract and a public contract. In this situation, the personal services contract portion shall be considered a single complete project and the public contract portion shall be considered a single complete project.

[Added by Ordinance No. 1637, adopted 12-08-2014.]

2.100 Neighborhood Associations.

(1) Purpose. The purpose of these sections is to establish a means for formally recognizing neighborhood associations and to provide for neighborhood associations communication with the City. This is an additional form of communication, and is not intended to inhibit other citizens or groups from communicating with the City.

(2) Neighborhood Association. A “neighborhood association” means any group of people organized within a geographical area for the purpose of acting on issues affecting neighborhood and community livability. A recognized neighborhood association is one that satisfies the standards of subsection (4) of this section.

(3) Neighborhood District. A neighborhood district incorporates a group of neighborhood associations within established boundaries. Neighborhood districts may be formed by the City to enhance communication between neighborhood associations and the City, but shall not preclude a neighborhood association from meeting its responsibilities under subsection (4) of this section. Neighborhood district boundaries shall be logical, contiguous and follow identifiable physical features such as streets, property ownership boundaries, topographic features, boundaries of political jurisdiction, or City rights-of-way, and shall be mutually agreeable to the affected associations.

(4) Standards. In order to be recognized by the City, neighborhood associations must satisfy the standards listed herein. The City Council is authorized to determine when an association has met these standards:

(a) Membership. The membership of a neighborhood association shall not be limited by race, creed, color, sex, age, heritage, national origin or income. Any resident, business owner or owner’s representative, nonprofit organization’s representative or property owner who resides, owns property or maintains a business within the recognized boundary of a neighborhood association shall be entitled to membership and to vote.

(b) Boundaries. The boundaries of a neighborhood association shall be drawn by the association membership. These boundaries must be mutually exclusive of other formally recognized associations and must remain within or coincide with the boundaries of a single neighborhood district, if one exists. The City Council is authorized to make adjustments to boundaries if necessary to avoid creation of an area that is excluded from neighborhood association representation.

(c) Bylaws. In order to be considered for recognition by the City, a neighborhood association must first adopt written bylaws that provide for the following:

(i) That the officers be elected on a regular schedule, at least bi-annually;

(ii) That meetings be conducted in conformance with public meetings law when the association meets to act in an advisory capacity to the City. Advisory capacity exists when the City requests or the association on its own accord seeks to act in an advisory capacity to the City; that written minutes as required by open meetings law also be required to show minority opinions and a list of all those voting, and that copies of approved minutes and sign-in lists be available to the City for public review;

(iii) That a current map of the association boundaries and a current list of the association officers and their addresses be provided to the City annually;

(iv) That a minimum of one general neighborhood association meeting be held each calendar year, and the time, place and purpose be well publicized throughout the neighborhood prior to the meeting;

(v) That the association provide for representatives to its neighborhood district if one exists;

(vi) That the City be informed of any updates or amendments to the neighborhood association’s bylaws; and

(vii) That procedures are developed describing the number of members required for a quorum, how votes are taken and recorded, and the action necessary to file an appeal.

(5) Responsibility of City. The City shall provide recognized neighborhood associations with the following:

(a) Timely notification of meetings of the Council, and the Planning Commission, and upon request, any Council advisory board or commission whose decisions may affect the neighborhood;

(b) General information regarding City services and activities.

(6) Appeals.

(a) Formally recognized neighborhood associations may appeal land use decisions made by the Planning Director or Planning Commission to the appropriate bodies without cost if the Planning Director finds:

(i) Community Development Code Appeal Procedures, Sections 99.140 and 99.240 through 99.300, are followed;

(ii) The association submits a copy of the membership minutes and vote taken supporting the appeal;

(iii) The neighborhood association appeal is related to the property within the association’s recognized boundaries.

(b) In addition, an association may appeal without cost on behalf of an individual or group with standing who is not represented by a recognized association if subsections (6)(a)(i) and (ii) of this section are met and the neighborhood association finds the issue(s) are of City-wide concern related to the West Linn Comprehensive Plan or the West Linn Community Development Code.

[Amended by Ordinance No. 1371, adopted 03-27-95; amended by Ordinance No. 1375 adopted 08-10-95; amended by Ordinance No. 1398 adopted 08-26-96; amended by Ordinance No. 1427 adopted 12-14-98; amended by Ordinance No. 1465 adopted 01-17- 01; amended by Ordinance No. 1467 adopted 02-14-01; amended by Ordinance No. 1490, adopted 12-04-02; amended by Ordinance No. 1491, adopted 12-18- 02; amended by Ordinance No. 1495, adopted 06-04-03; amended by Ordinance No. 1497, adopted 08-20-03; amended by Ordinance No. 1504, adopted 05-05-04; amended by Ordinance No. 1524, adopted 09-12-05; amended by Ordinance No. 1531, adopted 01-23-06; amended by Ordinance No. 1533, adopted 02-27-06; amended by Ordinance No. 1537, adopted 04-24- 06.]

2.200 Percent for Art Program Establishment.

West Linn Code 2.200 shall be known as the “Percent for Art Program” of the City of West Linn.

[Added by Ordinance No. 1543 adopted January 22, 2007.]

2.205 Purpose.

The City of West Linn desires to expand the experience of its citizenry through public art of the highest quality in concept and execution. Public art contributes directly to the quality of life in the City of West Linn because citizens view and interact with it daily in public spaces. Public art instills concern for beauty and good design in the public and private sectors by setting high aesthetic standards. Public art reflects and communicates the history, character and values of the community and thereby creates a sense of place. The public art process involves citizens and artists by inviting them to participate in important decisions about the design of their environment. The City therefore declares its policy to include works of art in projects of the City by establishing a Percent for Art program. [Added by Ordinance No. 1543 adopted January 22, 2007.]

2.210 Definitions.

Capital Improvement Program (CIP) means the City’s program for advance planning of capital improvements.

City project means any capital project in an amount over $25,000 paid for in whole or in part by the City of West Linn to purchase, construct, rehabilitate or remodel any building, structure, decorative or commemorative structure, park, parking facility, street, public utility construction, or sidewalk, or any portion thereof within the limits of the City of West Linn. “City project” does not include emergency work, minor alterations, ordinary maintenance or repair necessary to preserve a facility.

De-accessioning means relinquishing title to a work of public art.

Eligible funds means a source of funds for projects from which art is not precluded as an object of expenditure.

Participating department means the department that is subject to this chapter by its sponsorship of a City project.

Percent for Art means the program established by this chapter to set aside a percentage of the total cost of City projects for public art.

Public art means all forms of original works of art accessible to the public and/or public employees including:

a. Painting of all media, including both portable and permanently fixed works, such as murals;

b. Sculpture which may be in the round, bas-relief, high-relief, mobile, fountain, kinetic, electronic and others, in any material or combination of materials;

c. Other visual media including, but not limited to, prints, drawings, stained glass, calligraphy, glass works, mosaics, photography, film, clay, fiber/textiles, wood, metals, plastics or other materials or combination of materials, or crafts or artifacts.

d. Works of a wide range of materials, disciplines and media which are of specific duration, including performance events, and which are documented for public accessibility after the life of the piece has ended.

e. Art works that possess functional as well as aesthetic qualities.

f. Works reflecting the region’s cultural heritage, including events or installations serving an educational role to the community.

Public Art Trust Fund means a City fund or account into which all moneys derived pursuant to this Chapter shall be deposited. Monetary contributions for public art shall also be deposited into the Public Art Trust Fund. Funds within the Public Art Trust Fund shall be solely be utilized for the purposes outlined in this chapter.

Total cost means the entire amount of the City’s contribution toward the price for construction of a project. “Total cost” does not include costs for administration, fees and permits, building demolition, relocation of tenants, contingency funds, environmental testing, environmental remediation, non-construction contingency or indirect costs, such as interest during construction, advertising, public outreach and engagement, land acquisition and legal fees. “Total cost” also does not include private development revenue, federal and state grants that preclude public art as an object for expenditure, local improvement district revenue, utility and other City funds which are restricted by ordinance to preclude public art as an object for expenditure and revenue from any other funding source subject to legal restrictions, or generally accepted accounting standards restrictions, which preclude public art as an object for expenditure, including but not limited to statutory system development charges, state gas tax revenues and “business type activities.” These include the SDC, Street, Water and Environmental Services Funds. Any bond proceeds included within total cost must be spent in compliance with the bond’s purposes.

[Added by Ordinance No. 1543 adopted January 22, 2007; amended by Ordinance No. 1702, adopted May 18, 2020.]

2.215 Dedication of 1.5% to Public Art.

Any City official or employee who authorizes or appropriates expenditures on behalf of a participating department for a City project shall, to the degree that the funds are eligible, include within the budget for the project a monetary contribution for public art equal to one and one-half percent of the total cost of the project.

(1) Restricted Funds. If funding for a particular City project is subject to legal restrictions that preclude public art as an object for expenditure, the portion of the City project that is funded with the restricted funds shall be exempt from the requirements of this chapter.

(2) Phased Projects. As a general rule, where a City project will be constructed in phases, the one and one-half percent dedication shall be applied to the estimated total cost of each phase of the project at the time that funds for the phase are appropriated and encumbered. Nothing in this section prevents the Council from deciding to set aside all or part of the entire dedication from the funds of a particular phase, however, as the Council deems appropriate. In determining when to set aside the funds for a phased project, the City shall encourage an overall public art plan for phased work to ensure that art is not located on a piecemeal basis.

[Added by Ordinance No. 1543 adopted January 22, 2007; amended by Ordinance No. 1702, adopted May 18, 2020.]

2.220 Public Art Trust Fund.

There is hereby created a special City fund or account called the Public Art Trust Fund into which the monetary contributions for public art shall be deposited.

(1) One and one-half percent of the total cost of City projects shall be dedicated to public art. Such funds shall be deposited into the Public Art Trust Fund by the City Official or employee acting on behalf of the participating department at the time that budgeted funds are encumbered for construction of the project. The Percent for Art Program is intended to expand the experience of public art, so the allocation of funding is intended to maximize the use of monetary contributions. With this as a guide:

a. At least one percent of the total cost of City projects shall be earmarked and used for costs associated with the acquisition of public art including, but not limited to, the design, purchase and siting of public art.

b. Up to one-half percent of the total cost of City projects shall be used for costs associated with administration of the public art program, including, but not limited to, costs of selection, conservation and maintenance of the collection, community education, de-accessioning and registration of public art.

c. The maximum of one-half percent of the total cost of City projects may be exceeded for costs associated with administration if the City determines that administrative costs for a specific project are higher than typical projects due to anticipated levels of community participation.

d. Any unused project funds shall remain in the Public Art Trust Fund.

(2) Monetary contributions shall be deposited in separate accounts within the Public Art Trust Fund if separate accounting is deemed appropriate by the City Manager or is required by law. If separate accounts are created for acquisition and administration, amounts carried over from year to year shall be reviewed each five years to determine if an imbalance exists. If excessive funds exist in the administration account at the time of review, the City shall determine whether to reallocate a portion of the funds to the acquisition account to expand the experience of public art.

(3) Monetary contributions made other than through the Percent for Art program shall be deposited in the Public Art Trust Fund and may be dedicated to or earmarked for a specific program or work of art, subject to acceptance by the City Council.

(4) Disbursements from the Public Art Trust Fund shall be made only after authorization of the City Council and shall be made according to this chapter and any guidelines adopted hereunder.

[Added by Ordinance No. 1543, adopted 01-22-2007; amended by Ordinance No. 1702, adopted May 18, 2020.]

2.225 Siting of Art.

(1) Public art selected pursuant to this chapter may be sited in, on or about any City project or other property owned, leased or rented by or to the City of West Linn in accordance with any restrictions placed on siting by the participating department. Public art may be attached or detached within or about such property, and may be either temporary or permanent.

(2) The participating department shall consider the siting of public art as part of the design and engineering phase of any City project. If costs are incurred by the participating department to comply with this subsection prior to transfer of the one and one-half percent for the project to the Public Art Trust Fund, the department may deduct such costs from the applicable portion of the one and one-half percent at the time such funds are transferred.

[Added by Ordinance No. 1543, adopted 01-22-2007; amended by Ordinance No. 1702, adopted May 18, 2020.]

2.230 Program Guidelines.

The City Council shall adopt guidelines for administration of the Percent for Art program. Such guidelines will take into account the recommendations provided by the City of West Linn’s Arts and Culture Commission (as established in Section 2.075) and may:

(1) Provide for an annual plan for public art based upon the CIP.

(2) Provide for the appointment of representatives to third-party selection committees as necessary. Selection committees may include representatives of the participating department, project architects or engineers, artists, and/or other community members as appropriate.

(3) Provide for a method or methods of selecting and contracting with artists for the design, execution and siting of public art.

(4) Determine the dedication and disbursement process for the Public Art Trust Fund.

(5) Clarify the responsibility for maintenance of public art, including any extraordinary operations or maintenance costs associated with public art, prior to selection.

(6) Facilitate the preservation of art objects, ethnic and cultural arts and crafts, and artifacts.

(7) Provide a process to de-accession art.

(8) Set forth any other matter appropriate to the administration of this chapter.

[Added by Ordinance No. 1543 adopted 01-22-2007; amended by Ordinance No. 1702, adopted May 18, 2020.]

2.235 Ownership.

All public art acquired pursuant to this chapter shall be acquired in the name of the City of West Linn, and title shall vest in the City of West Linn.

[Added by Ordinance No. 1543, adopted 01-22-2007; amended by Ordinance No. 1702, adopted May 18, 2020.]

POLICE REVIEW AND RECOMMEND COMMITTEE

2.250 Purpose and Establishment.

The Police Review and Recommend Committee is established to review and make recommendations to the West Linn Police Chief, Human Resources Director, and City Manager in the following areas: the Police Department’s complaint, investigation, and discipline process; individual complaints, investigations, and disciplinary actions in the Police Department; Police Department policy and progress toward recommended reforms; and relevant trends and reports produced by the Police Department.

[Added by Ordinance No. 1741, adopted 12-05-2022.]

2.255 Appointments to the Police Review and Recommend Committee.

Appointments shall follow the same process that is used for community advisory groups as described in Section 2.030. In making or approving appointments, the Mayor and City Council shall take into consideration an applicant’s:

(1) Demonstrated ability to be fair, impartial and unbiased;

(2) Absence of any real or perceived bias, prejudice or conflict of interest; and

(3) Ability to build working relationships and communicate effectively.

Other criteria for membership that apply, as well as a potential removal from office, will be consistent with the rest of the West Linn Municipal Code.

[Added by Ordinance No. 1741, adopted 12-05-2022.]

2.260 Confidential Nature of Membership and Removal From Office.

Members are subject to particular conditions in order to serve. Due to the sensitive and confidential nature of law enforcement records, members will be required to agree to a nondisclosure agreement and background clearance in order to receive authorization for access to particular documents and information. If access to Oregon State Criminal Justice Information Services (CJIS) is required in order to access and utilize such materials, eligibility as determined by the State of Oregon shall be required. In accordance with Section 2.070(1), removal from office will occur if a member violates the nondisclosure agreement. If a member improperly utilizes CJIS records, a member may be subject to additional penalties.

[Added by Ordinance No. 1741, adopted 12-05-2022.]

2.265 Terms and Vacancies.

Initial appointments of inaugural members shall be staggered as follows: there will be seven members appointed; two members shall be appointed to serve for one year, two members shall be appointed to serve for two years, and three members shall be appointed to serve for three years. In the case of initial appointments, the initial year is the period of time between appointment and December 31st. Except for the initial appointment, the term of each member of the Police Review and Recommend Committee shall be three years. No member shall serve more than two consecutive terms.

[Added by Ordinance No. 1741, adopted 12-05-2022.]

2.270 Training.

A member is required to receive training provided by the City, the Police Department, and the Clackamas County District Attorney’s Office. Training topics will include basic criminal law, basic public sector law, West Linn Police Department training on selected topics including the process and procedure of an internal affair or complaint investigation, from intake to discipline, and other topics as determined by the City. A member shall also participate in at least one ride-along with a sworn officer. Additional training or presentations from other experts to provide a diverse perspective on law enforcement issues may be provided following discussion with Committee members.

[Added by Ordinance No. 1741, adopted 12-05-2022.]

2.275 Meetings and Procedures.

(1) Meetings. The Police Review and Recommend Committee, as authorized by this chapter, is not subject to public meeting laws; however, they shall meet in public sessions at least two times per year, including an annual meeting each January. The purpose of each public meeting is to review and make recommendations on policy, trends, complaints, reports produced by the Police Department, and progress towards meeting identified reform recommendations for the Department. An annual report will be produced by staff that includes the number of complaints, types of complaints and resolutions of complaints. The report will be reviewed by the Committee and together with staff the report will be drafted to identify policies that should be reviewed. The report should also include any identified training areas the Police Department should consider.

(2) Feedback to Council. The Committee as a whole is not advisory to the City Council. However, Committee members are strongly encouraged to provide feedback to City Council in writing or in person, including opportunities to provide commendation or criticism of either police processes or City management. Such actions will be limited to general topics subject to the nondisclosure agreements within the parameters of applicable law.

(3) Quorum and Conduct of Meetings. No business of the Police Review and Recommend Committee shall be conducted at a meeting without at least a quorum of four members present for a meeting. Meetings to discuss individual complaints, investigations, and potential disciplinary actions will generally not be conducted in public. To facilitate the transparency of the Committees activities, staff will develop and present case summaries and status reports in a manner that allows review and discussion in open session, to the maximum extent practicable and compliant with disclosure of public records.

[Added by Ordinance No. 1741, adopted 12-05-2022.]

2.280 Complaint and Disciplinary Process Review.

The Police Review and Recommend Committee is tasked with reviewing the complaint, investigation, and discipline process in Police Department matters, including internal complaints. All members of the Committee will participate throughout the course of individual complaints, investigations, and resolution processes. That process includes participation in the discussions among the City Manager, Human Resources Director, Police Chief, Labor Attorney, and other staff as necessary about the potential for an investigation and options for resolution, including potential discipline. The opinion of members is only advisory, but members are allowed to make recommendations about specific complaints, investigations, and discipline as well as the complaint intake and handling process. Members shall have no authority to make any decisions regarding actual processes, actions, or decisions made under the authority and sole discretion of the City.

[Added by Ordinance No. 1741, adopted 12-05-2022.]

2.285 Role and Procedure of Police Review and Recommend Committee Members.

When a complaint is received, a member’s role will be:

(1) Through the City’s official complaint intake and review system, members will be assigned to review a particular complaint. Members will receive notice detailing that a complaint has been filed. Members are required to be present for discussions with the City Manager, Human Resources Director, Police Chief, Labor Attorney, and other staff as necessary when the investigation is scoped, ensuring each allegation raised by the complainant is thoroughly pursued. The scoping will include a determination whether an investigation should be internal or utilize an outside investigator. An outside investigator might be hired, or arrangements made through another law enforcement agency for the investigation to be conducted by a qualified sworn law enforcement officer.

(2) Members will have access to the documents, recordings, and other materials related to the complaint. After the investigation is completed, members will also be able to view the investigative report and afforded the opportunity to provide input in the disciplinary process at appropriate steps. Members will be aware of the disciplinary measure taken, should one be issued. These actions are subject to nondisclosure conditions as required by applicable law.

(3) Should a member receive a complaint directly, the complaint should be referred to the City’s official complaint intake system, where the complaint will be officially recorded. A member with a complaint of their own is also obligated to send a complaint through the City’s official complaint intake system.

[Added by Ordinance No. 1741, adopted 12-05-2022.]

2.290 Other.

Committee members will be invited to submit feedback for performance evaluations of the City Manager, and individual members will be invited to participate, in a rotation, in Police Department hiring and promotion panels.

[Added by Ordinance No. 1741, adopted 12-05-2022.]

ELECTIONS

2.300 Authorization to Submit Explanatory Statements Relating to Municipal Legislation Referred or Initiated by Petition.

When directed by the West Linn City Council, the City Manager is authorized to prepare explanatory statement(s) for the Clackamas County Voters’ Pamphlet for matters relating to municipal legislation referred or initiated by petition.

[Added by Ordinance No. 1552, adopted 09-24-2007.]

WEST LINN PERSONNEL SYSTEM

2.400 Purpose and Objectives.

The purpose of the personnel system of the City of West Linn is to provide for the establishment and maintenance of an equitable and uniform system of personnel administration for the City and to achieve the following objectives:

(1) To establish, develop and maintain a program of personnel and administration based on principles of merit, fitness and modern methods governing the recruitment, appointment, tenure, promotion, transfer, termination and discipline of its employees and officers in order to make a career in the City service attractive and to encourage employees to give their best service to the City;

(2) To promote high morale among City employees by providing good working conditions, consideration for their general welfare, encouragement for self-development, opportunity for advancement and basis for understanding the terms and conditions of City employment;

(3) To promote, increase and facilitate economy, productivity and efficiency in service to the City;

(4) To establish and maintain uniform plans of position classification and pay based upon the relative duties, responsibilities and interrelationships of positions in the City service; and

(5) To establish a merit system of personnel administration.

[Added by Ordinance No. 1571, adopted 07-14-2008]

2.410 Personnel System Administration.

The administration of the personnel system shall be the responsibility of the City Manager. The City Manager may designate another person as the personnel officer and delegate to that person the responsibility of personnel administration.

[Added by Ordinance No. 1571, adopted 07-14-2008]

2.420 Responsibilities of City Manager in Administration of Personnel System.

The City Manager or their designee shall:

(1) Administer all provisions of the personnel system;

(2) Prepare and recommend personnel policies and amendments thereto;

(3) Apply and carry out the requirements of applicable state and federal employment laws and regulations;

(4) Foster and develop programs for improvement of employee efficiency, including training and safety;

(5) Act as the City’s chief representative in collective bargaining negotiations with the City’s employee bargaining units and administer those employment agreements;

(6) When appropriate, enter into employment agreements with employees who are not members of a collective bargaining unit;

(7) Develop and maintain a position classification system which shall group all positions in the City service into classes based upon duties, authority and responsibilities and allocate positions to the appropriate class and recommend revisions in the classification system;

(8) Develop and recommend compensation plans; and

(9) Adopt and amend personnel rules.

[Added by Ordinance No. 1571, adopted 07-14-2008]

2.430 Adoption of Personnel Rules.

The City Manager shall develop and adopt such rules as may be necessary to carry out the provisions of the personnel system.

[Added by Ordinance No. 1571, adopted 07-14-2008]

2.440 Pay and Compensation Plans.

The City Manager shall recommend to the City Council adoption of compensation plans. The compensation plan shall include for each classification of positions a minimum and maximum rate of pay and such intermediate rates as are considered necessary and equitable. The pay range assigned to each classification shall be such as to reflect the difference in the duties and responsibilities between it and other classifications, and shall take into consideration wages paid for comparable work, the City’s financial condition, unusual issues with recruitment or retention and other conditions of employment. Administration of the adopted pay plan shall be the responsibility of the City Manager.

[Added by Ordinance No. 1571, adopted 07-14-2008]

2.450 Equal Employment Opportunity.

All persons shall be entitled to equal employment opportunities within the City service, regardless of race, color, religion, sex, age, or mental or physical disability except where a particular position requires a valid occupational qualification, marital status, sexual orientation, political affiliation, national origin, union affiliation or all other mandated State and Federal protected status.

[Added by Ordinance No. 1571, adopted 07-14-2008]

2.460 Engaging Necessary Services.

The City Manager may obtain, on behalf of the City, necessary services from persons or agencies competent in personnel management.

[Added by Ordinance No. 1571, adopted 07-14-2008]

2.470 Applicability.

The West Linn Municipal Code shall not apply to elected officials and members of boards and commissions, volunteer personnel and personnel appointed to service without pay, the City Manager and the Municipal Judge unless otherwise provided by personnel rules adopted by the City Council.

[Added by Ordinance No. 1571, adopted 07-14-2008]

COURT OF RECORD

2.500 Court of Record.

The West Linn Municipal Court is hereby declared a court of record, effective January 1, 2009. A prosecution commenced in the West Linn Municipal Court before December 31, 2008, shall be deemed a prosecution in a court not of record notwithstanding that part of the prosecution may occur in the West Linn Municipal Court after the effective date of this declaration.

[Added by Ordinance No. 1583, adopted 11-24- 2008]

TRIAL BY JURY

2.600 Right to Trial by Jury.

Every person charged with any offense defined and made punishable by the City Charter, or any ordinance of the City, shall have the right to trial by jury upon giving written notice to the Municipal Judge within six days after entry of their plea. The Municipal Judge may, at their discretion, accept a request for a trial by jury at any time before the time set for trial.

2.605 Number of Jurors.

The jury shall consist of six persons duly sworn to try the cause for which they are called; the jurors shall be selected as hereinafter provided.

2.610 Term of Court.

The terms of Municipal Court shall be for a period of one year, beginning on January 1st of each year following the passage of the ordinance codified in Sections 2.600 to 2.650.

2.615 Jury List.

(1) Upon the passage of the ordinance codified in Sections 2.600 to 2.650 and commencing on January 2, 1974, the City Manager shall prepare a preliminary jury list, by lot, of not less than 150 nor more than 500 names of persons selected from the latest tax roll and registration books used in the last City election. The Manager, in preparing the preliminary jury list, shall place thereon only those names of persons who are known or believed to be possessed of the qualifications described in ORS 10.030 and not entitled to exemption as provided by ORS 10.040.

(2) If for any reason the making of a jury is omitted and neglected on the second day of January, it may be done on the first Monday of any month following to serve until the close of the year, and until another list is made.

2.620 Jury Panels.

The jury panel for each term shall be selected on the first day of each term of court and the City Manager shall select 100 names of persons, by lot, from the preliminary jury list, to serve as a jury panel until the next panel is selected. No person shall be required to serve more than one term during any three-year period. A jury panel shall be selected on January 2, 1974, upon the passage of the ordinance codified in Sections 2.600 to 2.650 and thereafter on January 2nd of each and every year; provided, however, that if the preliminary jury list is not selected on the second day of January of any year, the jury panel may be selected on the first Monday of any following month. The jury panel shall be selected by the City Manager in the presence of the Municipal Judge. No challenge shall be made or allowed to the panel and substantial compliance with the ordinance codified in Sections 2.600 to 2.650 for selecting the panel shall be sufficient.

2.625 Selection of Trial Jury.

At least 10 days, excluding Sundays and legal holidays, prior to the trial date, the defendant or their attorney and the City Attorney shall appear before the Municipal Judge for the selection of the trial jury. The time and place of said selection shall be designated by the court and the judge thereof shall notify the defendant or their attorney and the City Attorney of said time and place. The judge shall then select, by lot, six names of persons from the jury panel. When it appears to the Municipal Judge that any of the persons whose names are drawn is dead or resides out of the City, the ballot shall be destroyed. If it appears to the Municipal Judge, or they have good reason to believe, that a person whose name is drawn is temporarily absent from the City, or is ill, or is so engaged as to be unable to attend at the time of trial without great inconvenience, the ballot shall be laid aside, the name not placed on the jury list for the trial for which the jury is being selected, but such ballot shall be returned to the jury box after the drawing of the trial jury is completed. The defendant or their attorney may then challenge by peremptory challenge three of the prospective jurors. The order of challenge shall be that the defendant, or their attorney may challenge one then the City Attorney may challenge one, and so alternating until the peremptory challenges are exhausted. Additional names shall be selected, by lot, to replace those jurors challenged. When six jurors have been selected, they shall be notified to appear at trial at the appointed time and place and shall constitute the trial jury.

2.630 Alternate Jurors.

The defendant or their attorney and the City Attorney may agree by stipulation to the drawing of additional names from the jury panel to serve as alternate trial jurors to be summoned should summons not be served upon any of those persons selected as a part of the trial jury pursuant to Section 2.625.

2.635 Conduct of Trials.

Trials shall be conducted as trials in justice court and the rules of evidence shall be the sane as in State courts and shall include applicable statutes of the State regarding the introduction or admission of evidence.

2.640 Verdict.

Six of the six jurors sworn to try the cause must concur to render a verdict.

2.645 Payment of Jurors.

Those jurors notified and who appear at trial shall receive compensation from the City in the amount of $5.00 for each day of attendance upon the Municipal Court.

2.650 Powers of the Municipal Judge.

The Municipal Judge shall have all inherent statutory powers and duties of a justice of the peace within the jurisdictional limits of the City. The Chief of Police shall assist the judge in the serving of subpoenas, notices of jury duty, and such other orders of the court necessary for the proper conduct thereof. The Municipal Judge may hold any prospective juror who disregards the notice of jury duty in contempt of court and may punish said juror as set forth in Chapter 1.08 of this code.

FIREARMS AND DANGEROUS WEAPONS PROHIBITED IN CITY BUILDINGS

2.660 Purpose.

The purpose of the following provisions is to ensure the safety of the public and City personnel. ORS 166.170 expressly vests the power to regulate firearms to the State’s Legislature; therefore, nothing in these sections shall be construed as an attempt to regulate firearms in contradiction with State or Federal law. The Council intends Sections 2.660 to 2.675 to supplement and be uniformly interpreted with the laws and regulations of the United States and the State, to avoid infringing on a citizen’s Constitutional right to bear arms for purposes limited to self-defense.

[Added by Ordinance No. 1628, adopted 08-11-2014.]

2.665 Definitions.

As used in Sections 2.660 to 2.675, except where the context clearly indicates a different meaning, the following words mean:

(1) Dangerous Weapon. Any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury and includes but is not limited to:

(a) Any dirk, dagger, ice pick, slingshot, metal knuckles or any similar instrument, a knife other than an ordinary pocketknife, the use of which could inflict injury upon a person or property;

(b) Mace, tear gas, pepper mace or any similar deleterious agent;

(d) An tear gas weapon; or

(e) A club, bat, baton, billy club, bludgeon, knobkerrie, nunchaku, nightstick, truncheon or any similar instrument, the use of which could inflict injury upon a person or property.

(2) Firearm. A pistol, revolver, gun, rifle, miniature weapon or other mechanism which projects a missile or shot by force of gunpowder or any other explosive, or by spring or by compressed air.

(3) Peace Officer. A member of the Oregon State Police, marshal service, reserve officer, or as otherwise defined by ORS 133.005(3).

(4) City Building. Any City-owned or controlled building, including but not limited to the public library, Police Department building, public works building, adult community center, City Hall, the portion of any other buildings occupied by a department of the City of West Linn, and the grounds adjacent to each building.

[Added by Ordinance No. 1628, adopted 08-11-2014.]

2.670 Firearms and Dangerous Weapons Prohibited.

(1) It is unlawful for any person to knowingly possess, whether concealed or unconcealed, a loaded or unloaded firearm or dangerous weapon of any kind in a City building.

(2) Subsection (1) of this section does not apply to or affect:

(a) A West Linn police officer, sheriff, peace officer, or a corrections officer while acting within the scope of employment.

(b) A person summoned by a West Linn police officer or peace officer to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer.

(c) An active or reserve member of the military forces of Oregon or the United States, when engaged in the performance of duty.

(d) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.

(e) A person who is authorized by the City of West Linn to possess a firearm or dangerous weapon in City Hall or a public building.

(f) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a firearm in the course of the lawful taking of wildlife.

[Added by Ordinance No. 1628, adopted 08-11-2014.]

2.675 Administrative Search.

(1) Any person entering a City building may be subject to an administrative search which may include metal detectors and consent searches.

(2) The West Linn Police Department, security guard, or any other peace officer shall enforce the prohibition on firearms and dangerous weapons, in ORS 166.370, and the provisions of Section 2.670 by every lawful means, including but not limited to:

(a) Lawful searches of an individual’s person;

(b) Lawful searches of carried items;

(d) Seizure of any proscribed item.

(3) Refusal of a person to submit to an administrative search shall require the immediate removal of the person from the City building. Refusal to leave when requested by law enforcement or city personnel shall be considered trespass.

[Added by Ordinance No. 1628, adopted 08-11-2014.]

EMERGENCY PLANNING

2.700 Title.

Sections 2.700 to 2.750 shall be known as the “emergency planning provisions” and may be so cited and pleaded and is referred to herein.

2.710 Conditions of Emergency.

The conditions required for the declaration of a state of emergency within the City of West Linn are as follows:

(1) “Emergency” includes any human-made or natural event or circumstances causing or threatening loss of life, injury to person or property, human suffering or financial loss, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material as defined in ORS 466.605, contamination, utility or transportation emergencies, disease, blight, infestation, crisis influx of migrants unmanageable by the county, civil disturbance, riot, sabotage and war.

2.720 Declaration of Emergency.

A declaration of a state of emergency within the City of West Linn may be issued by the Mayor (or the Council President when the Mayor is absent or otherwise unable to perform the functions of Mayor as provided in the City Charter); or the City Manager or designee if the nature of the emergency requires that immediate action be taken and it is not reasonably practicable for the Mayor to issue the declaration of emergency prior to the time immediate action must be taken. Any declaration of emergency by the City Manager or designee shall be subject to review and revision by the Mayor. All declarations of emergency shall be subject to review and revision by the City Council. A state of emergency shall be terminated by the City Council when the emergency situation ceases to exist.

2.730 Adoption of Emergency Operations Plan.

The City Council may by resolution establish an emergency operations plan with procedures to prepare for and carry out any activity to prevent, minimize, respond to, or recover from an emergency. The emergency operations plan may authorize City officials and employees to take action as needed to deal with the emergency, including but not limited to:

(1) Redirect City funds for emergency use and suspend standard City procurement procedures;

(2) Establish a curfew which fixes the hours during which all persons other than officially authorized personnel may not be upon the public streets or other public places;

(3) Prohibit or limit the number of persons who may gather or congregate upon any public street, public place, or any outdoor place;

(4) Barricade streets and prohibit vehicular or pedestrian traffic, or regulate the same on any public street leading to the emergency area for such distance as may be deemed necessary under the circumstances;

(5) Evacuate persons;

(6) Prohibit the sale of alcoholic beverages;

(7) Prohibit or restrict the sale of gasoline or other flammable liquids;

(8) Prohibit the sale, carrying, or possession of any weapons or explosives of any kind on public streets, public places, or any outdoor place;

(9) Curtail or suspend commercial activity;

(10) Turn off water, gas, or electricity;

(11) Order such other measures as are necessary for the protection of life or property, or for the recovery from the emergency.

2.740 Responsibilities of City Manager.

The City Manager shall carry out the emergency duties or functions as prescribed by the resolution establishing procedures to deal with an emergency and may delegate all or part of that authority.

2.750 Violation.

Any person, firm, corporation, association, or entity that violates any provision of Sections 2.700 to 2.750 or any plan or order authorized by Sections 2.700 to 2.750 shall be subject, on conviction, to a fine of not more than $500.00 per offense. Each day of violation shall be deemed a separate offence for penalty purposes.

[Sections 2.700 through 2.745 “Emergency Planning” repealed by Ordinance No. 1459, adopted 8-28-2000; The West Linn Municipal Code is amended by adding Sections 2.700 through 2.750 by Ordinance No. 1459, adopted 8-28-2000.]

DISPOSITION OF UNCLAIMED PROPERTY

2.800 Property in Police Department Possession – Disposition.

Whenever the Chief of Police of the City has any property, including money, but excluding vehicles subject to ORS 819.100 to 819.260, in their possession, the ownership of which is unknown, and which is unclaimed for a period of three months (90 days) after the property came into the possession of the Police Department, the Chief of Police shall, unless the disposition of such property is otherwise specifically provided for by law, report the fact to the City Manager and request authority to dispose of it as provided in Sections 2.800 to 2.825.

2.805 Manager Authority – Disposition by Sale – Notice.

The City Manager shall act upon the request of the Chief of Police within 30 days after the request for a public sale and if the City Manager approves the request, the City Manager shall cause to be posted written or printed notice of sale in three public places within the city at least 10 days before the sale. Notice shall also be published in a newspaper of general circulation within the City at least 10 days prior to the date of sale or transfer. The notice shall describe the property, excluding money, and shall state the time and place of public sale at which the property may be purchased by the highest bidder. Until the date of the sale, the property, excluding money, may be claimed at the office of the Chief of Police. If ownership is proved, the Chief of Police shall turn the property over to the owner, and cancel the sale insofar as the claimed property is concerned.

2.810 Conduct of Sale – Disposition of Funds.

The Chief of Police shall cause the sale to be conducted and shall deposit the proceeds thereof, together with any other money included in the notice, in the City treasury to the credit of the City general fund.

2.815 Transfer of Property to City.

In lieu of a sale of the property under the foregoing provisions of Sections 2.800 to 2.825, the Chief of Police, with the approval of the City Manager, may transfer any portion of the unclaimed property to the City for use by the City or other governmental agencies, or by destruction after the same notice as set forth in Section 2.805.

2.820 Destruction of Contraband.

The Chief of Police shall cause contraband or illegal drugs, and/or substances to be destroyed at the direction of the court after such property has been provided to the courts as evidence and is no longer required by the procedure at the courts. Any unclaimed or found contraband, illegal drugs, and/or substances shall be destroyed at the direction of the Chief of Police and certification of destruction shall be placed in the case file jacket relating to such found or unclaimed property.

2.825 Claim by Owner After Sale.

(1) If the property is sold as provided herein, and if within six months after the sale, the owner of the property, including money, files with the City Manager a claim for the property, and proves their right to the same, the City Manager shall direct that the money or the amount received for the property, less expenses of the sale, shall be paid to the owner from the City treasury. The City Manager shall not approve any claims filed more than six months after the sale.

(2) If the property is transferred to the City or other governmental agency, in lieu of sale, it may be claimed by the lawful owner thereof at any time within six months from the transfer to the City, or other governmental agency. The Chief of Police and the City Manager, in disposing of property in the manner provided herein, shall not be liable to the owner thereof.

INVENTORY OF CONTENTS OF ARRESTED PERSONS AND IMPOUNDED VEHICLES

2.830 Purpose.

[Repealed by Ordinance No. 1596, adopted 07-26-2010; Section 2.830 added by Ord. 1388 enacted 05-28-1996.]

2.832 Definitions.

[Repealed by Ordinance No. 1596, adopted 07-26-2010; Section 2.832 added by Ord. 1388 enacted 05-28-1996.]

2.834 Inventories of Impounded Vehicles.

[Repealed by Ordinance No. 1596, adopted 07-26-2010; Section 2.834 added by Ord. 1388 enacted 05-28-1996.]

2.836 Inventories of Persons in Police Custody.

[Repealed by Ordinance No. 1596, adopted 07-26-2010; Section 2.836 added by Ord. 1388 enacted 05-28-1996.]

MUNICIPAL LIEN SEARCH

2.850 Municipal Lien Search Fee Established.

The purpose of the municipal lien search fee is to recover personnel, material and equipment costs associated with providing information and searching for municipal liens on real property. The City shall charge a uniform fee in an amount set by resolution of the City Council for each property for which a municipal lien search is conducted by the City upon the request of a private individual, title company or other source, and said fee shall be paid in advance.

[Section 2.850 amended by Ord. 1488 adopted 08-08-2002.]

SURPLUS REAL PROPERTY SALES

2.875 Declaration of Surplus Real Property.

(1) The City Manager may present a list of one or more real properties to the City Council for a declaration of surplus at any regular or special Council meeting. The City Manager’s list shall include the following details for each property:

(a) A description of the property to be sold;

(b) The City’s current and past uses for the property;

(d) The reasons the City Manager is proposing it is necessary or convenient to sell the property.

(2) The Council may declare any, all, or none of the properties surplus by a majority vote.

(3) The Council may choose to allow public testimony in accordance with its Council rules.

(4) After a property is declared surplus, the City Manager may undertake any reasonable methods for pricing, advertising, marketing, and selling the property. Appropriate methods include, but are not limited to:

(a) Listing the property in newspapers;

(b) Listing with a real estate agency; and

(5) All City owned park or open space that the Council designates as surplus shall comply with all City Charter requirements for the use and disposition of such property prior to any lease, sale, or exchange.

[Repealed and replaced by Ordinance No. 1611, adopted 11-19-2012.]

2.880 Notice and Public Hearing Prior to Sale.

(1) Any real property declared surplus by the Council may be sold following notice and a public hearing. The notice of a public hearing for the sale of real property shall be published in a newspaper of general circulation in the City at least one week before the public hearing. The notice shall state:

(a) The time and place of the public hearing;

(b) A description of the property or interest to be sold;

(d) The reasons why the Council considers it necessary or convenient to sell the property.

(2) The Council shall publish a notice of the proposed sale in a newspaper of general circulation in the City, and shall hold a public hearing before selling the property.

(3) The general terms, nature of the proposed sale, and any evidence of the market value of the property shall be disclosed by the Council at the public hearing.

[Repealed and replaced by Ordinance No. 1611, adopted 11-19-2012.]

2.885 Disposal of Standard Undeveloped Property and Developed Property.

[Repealed by Ordinance No. 1611, adopted 11-19-2012.]

2.890 Initial Offering by Sealed Bids.

[Repealed by Ordinance No. 1611, adopted 11-19-2012.]

2.895 Disposal of Special-Case Property.

[Repealed by Ordinance No. 1611, adopted 11-19-2012.]

2.900 Broker Selection.

[Repealed by Ordinance No. 1611, adopted 11-19-2012.]

REAL PROPERTY ACQUISITION AND TRANSFER OF INTEREST

2.901 Acquisition of Real Property.

Dedications of property resulting from development applications and development conditions of approval for rights-of-way and public tracts shall not be considered acquisitions of property by the City for purposes of this section and may be approved by the City Manager or designee. Other land donations and other acquisitions of an interest in real property not delegated above shall be approved by the City Council.

[Added by Ordinance No. 1475, adopted 08-22-2001; amended by Ordinance No. 1546, adopted 02-12-2007.]

2.902 Transfer of an Interest Other Than Fee Title.

The transfer of an interest in real property by the City is not a sale of surplus real property if the City retains title to the property. The City Manager may transfer a temporary easement or other temporary interest in real property less than fee title if the City Manager determines that the transfer is in the public interest and the temporary easement will not extend beyond 30 days. Any temporary easement in excess of 30 days or permanent transfer of an interest other than fee title of City real property requires City Council approval.

[Added by Ordinance No. 1475, adopted 08-22-2001.]

2.903 Procedure for Acquisition and Transfers of Interests in Real Property.

The City Council may approve the acquisition or transfer of real property under Sections 2.901 and 2.902 by motion or resolution.

[Added by Ordinance No. 1475, adopted 08-22-2001.]

2.904 Release of Property Rights on Private Property.

As properties are redeveloped, public utility easements must frequently be modified to facilitate new plats. For release or modification of public utility easements associated with development, the City Manager may, upon agreement by franchise utilities, release or modify property rights held by the City or by the public at large on private properties upon assurance that newly designated and granted easements as required are provided in the course of the development.

[Added by Ordinance No. 1546, adopted 02-12- 2007.]

ANNEXATIONS

[Section 2.910 added by Ordinance No. 1419, enacted 09-09-1998; repealed by Ordinance No. 1508, enacted 10-06-2004.]

2.915 Annexation Purpose Statement.

(1) The purpose of Sections 2.915 to 2.940 is to establish a two-step process for annexation applications. The first step is a land use decision. The second step is a policy decision by the City Council to determine if the annexation should be approved. The Step 1 and Step 2 decisions can occur at the same meeting. An annexation to the City shall not be effective unless it is approved by the City Council at its discretion and by Metro pursuant to its authority regarding annexations within its boundaries.

(2) The procedures and standards established in this chapter are required for review of proposed annexations in order to:

(a) Provide adequate public notice, information and sufficient time for public review before annexation hearings and elections;

(b) Maximize citizen involvement in the annexation review process; and

(c) Provide information to the public concerning the physical, environmental, financial and related social effects of annexation.

[Section 2.915 added by Ordinance No. 1508, enacted 10-06-2004; amended by Ordinance No. 1554, adopted 10-08-2007; amended by Ordinance No. 1625, adopted 06-16-2014; amended by Ordinance No. 1651, adopted 10-10-2016.]

2.920 Step 1: Land Use Decision.

When an annexation application has been properly initiated pursuant to ORS 222.111, 222.125, 222.170, or 222.840, Step 1 shall include review of the land use aspect of the petition pursuant to Community Development Code Chapter 81. If the application receives Council approval through the Step 1 process, the Council shall proceed to Step 2. A determination that the application meets the land use requirements does not obligate the City to approve the annexation application.

[Section 2.920 added by Ordinance No. 1419, enacted 09-09-1998; repealed by Ordinance No. 1508, enacted 10-06-2004; new Section 2.920 added by Ordinance No. 1508, enacted 10-06-2004; amended by Ordinance No. 1554, adopted 10-08-2007; amended by Ordinance No. 1625, adopted 06-16-2014; amended by Ordinance No. 1651, adopted 10-10-2016.]

2.930 Step 2: Policy Decision.

(1) Step 2 of the annexation process is a policy decision and shall follow the steps in the subsections below.

(2) If the annexation is approved in the Step 1 process, the Planning Director shall prepare a report which includes the following information:

(a) General information on the property or properties, including but not limited to location, size, access to infrastructure, recommended zone, protected resource areas and infrastructure status;

(b) Impact on the school district, including but not limited to impacted schools, taxes, and anticipated number of additional students;

(d) Tax implications for the City.

As part of the Step 1 process, the applicant shall provide to the Planning Director the information required above at the applicant’s cost.

(3) Following delivery of the report and consideration of the report by the City Council at a public meeting, the Council may, in its discretion, decide to set a public hearing for the annexation request, delay a public hearing on the requested annexation or pass a resolution placing the annexation request on a ballot for an advisory vote, at any election. At the public meeting, any person may appear and be heard on the questions of whether the annexation should proceed and whether the request should be placed on the ballot for an advisory vote.

(4) If City Council decides to proceed to a public hearing on the requested annexation without an advisory vote, a public hearing will be scheduled. Notice of the Step 2 public hearing shall be published in accordance with State law and the Metro Code.

(5) The City Council may approve an annexation request if it finds that the annexation is in the best interest of the City based on the report prepared by the Planning Director; testimony and evidence presented at the public hearing; and any other information, evidence, or analysis the City or the Council deems relevant to the application.

(6) The City Council may deny an annexation acting in its legislative capacity even after it has approved the annexation application through the Step 1 process. A decision to deny an annexation in Step 2 shall be specifically stated in the record and noted as a legislative act separate and apart from the land use decision in Step 1.

[Section 2.930 added by Ordinance No. 1442, adopted 09-27-1999; repealed by Ordinance No. 1508, enacted 10-06-2004; new Section 2.930 added by Ordinance No. 1508, enacted 10-06-2004; amended by Ordinance No. 1554, adopted 10-08-2007; amended by Ordinance No. 1625, adopted 06-16-2014; amended by Ordinance No. 1651, adopted 10-10-2016.]

2.935 Election Costs.

The applicant shall be responsible for all costs incurred by the City in processing the application, including the City’s anticipated election costs. In the event that other City items are included in the same election, the applicant shall be responsible only for a pro-rata portion of any shared costs. If the election is concurrent with the primary or general election of an even-numbered year, the applicant is not responsible for any election costs.

[Section 2.935 amended by Ordinance No. 1442 adopted 09-27-1999; formerly identified as “RESERVED” repealed by Ordinance No. 1508 enacted 10-06-2004; new Section 2.935 added by Ordinance No. 1508 enacted 10-06-2004; amended by Ordinance No. 1528 adopted 11-28-2005; amended by Ordinance No. 1554, adopted 10-08-2007; amended by Ordinance No. 1625, adopted 06-16-2014; amended by Ordinance No. 1651, adopted 10-10-2016.]

2.940 Submission of Annexation Reports.

The City shall report all changes in the boundaries of the City as required by State law and the Metro Code.

[Added by Ordinance No. 1625, adopted 06-16-2014; amended by Ordinance No. 1651, adopted 10-10-2016.]

2.950 Annexation Applications, Process.

[Repealed by Ordinance No. 1625, adopted 06-16-2014.]

2.955 Zoning Designations.

[Repealed by Ordinance No. 1625, adopted 06-16-2014.]

2.960 Submission of Annexation Reports.

[Repealed by Ordinance No. 1625, adopted 06-16-2014.]

LOW-INCOME ASSISTANCE

2.975 Purpose.

Low-income assistance authorized by Sections 2.975 to 2.995 may be used for complying with certain City ordinances only. Low-income assistance is limited to qualified low-income residents of the City of West Linn who own and occupy their own homes, for whom compliance with certain City ordinances would pose a financial hardship.

Sections 2.975 to 2.995 also establish eligibility requirements and application procedures for low-income assistance.

2.980 Definitions.

Low-income assistance. Assistance in payment, to be in the form of a discount on a project bill, for work performed by the City or by a contractor for the purpose of complying with requirements of certain City ordinances and the municipal code on behalf of qualified low-income residents of the City.

Low-income resident. Any person(s) residing in the City of West Linn who owns and occupies their own home and who meets the qualifications specified in the low-income assistance application.

2.985 Applicability.

Low-income assistance may be authorized for the following purposes only:

(1) To connect to sewer service for an owner-occupied residence where connection to sewer is necessary pursuant to requirements in Sections 4.000 to 4.060.

(2) To repair sidewalks in the public right-of-way adjacent to or fronting property owned and occupied by the applicant pursuant to the requirements set forth in Sections 3.350 to 3.395.

(3) To maintain, remove or replace trees, whether upon property owned and occupied by the applicant or within the public right-of-way adjacent to such property, pursuant to the requirements set forth in Section 5.465.

(4) To abate nuisances originating on property owned and occupied by the applicant if the cost of abating such nuisance is greater than $500.00, pursuant to the requirements set forth in Sections 5.400 to 5.527.

2.990 Procedure.

(1) Applications for low-income assistance shall be provided by the City. Applicants shall file applications with the City Manager.

(2) Applications shall be reviewed by the Finance Director and the City Manager in order to determine whether applicants have met all qualification requirements to receive low-income assistance. If all qualification requirements have not been met, the low-income assistance application shall be denied and returned to the applicant. The City Manager shall keep a copy of all low-income assistance applications submitted.

(3) Low-income assistance may only be authorized by the City Manager.

(4) Low-income assistance shall be given on a need basis. Before work begins on projects, each property owner shall receive an estimate of project costs. Each project shall be completed as required by Section 2.985, the cost of which shall then be billed to the property owner. If the property owner has qualified for low-income assistance, the City may reduce the bill for services by an amount of up to $500.00 of the total cost.

(5) Where a project is carried out by the City and the property owner refuses or is unable to pay the remainder of the bill for such a project, a lien shall be placed on the property and recorded in the City’s lien docket. The lien shall bear interest at the rate of nine percent per year. Such interest shall commence at the date of entry of the lien in the City’s lien docket.

2.995 Limitations.

(1) Low-income assistance shall not exceed $500.00 per household per calendar year.

Chapter 2GOVERNMENT AND ADMINISTRATION

2.000 Seal Designated.

2.005 General Authority.

2.010 Types of Community Advisory Groups.

2.015 Compliance with State Law Required.

2.020 Relationship to City Council.

2.025 Community Advisory Group Duties and Responsibilities.

2.030 Appointment.

2.035 Membership.

2.040 Terms of Office; Vacancies.

2.045 Meetings; Rules of Procedure; Attendance.

2.050 Public Meeting Law.

2.055 Quorum; Vote; Lack of Quorum.

2.060 Officers.

2.065 Staff Liaison.

2.070 Removal.

2.075 Community Advisory Groups.

2.080 Planning Commission.

2.085 Budget Committee.

2.090 Historic Review Board.

2.095 Utility Advisory Board.

2.096 Library Advisory Board.

2.098 Urban Renewal Agency.

2.099 Local Contract Review Board.

2.100 Neighborhood Associations.

2.200 Percent for Art Program Establishment.

2.205 Purpose.

2.210 Definitions.

2.215 Dedication of 1.5% to Public Art.

2.220 Public Art Trust Fund.

2.225 Siting of Art.

2.230 Program Guidelines.

2.235 Ownership.

2.250 Purpose and Establishment.

2.255 Appointments to the Police Review and Recommend Committee.

2.260 Confidential Nature of Membership and Removal From Office.

2.265 Terms and Vacancies.

2.270 Training.

2.275 Meetings and Procedures.

2.280 Complaint and Disciplinary Process Review.

2.285 Role and Procedure of Police Review and Recommend Committee Members.

2.290 Other.

2.300 Authorization to Submit Explanatory Statements Relating to Municipal Legislation Referred or Initiated by Petition.

2.400 Purpose and Objectives.

2.410 Personnel System Administration.

2.420 Responsibilities of City Manager in Administration of Personnel System.

2.430 Adoption of Personnel Rules.

2.440 Pay and Compensation Plans.

2.450 Equal Employment Opportunity.

2.460 Engaging Necessary Services.

2.470 Applicability.

2.500 Court of Record.

2.600 Right to Trial by Jury.

2.605 Number of Jurors.

2.610 Term of Court.

2.615 Jury List.

2.620 Jury Panels.

2.625 Selection of Trial Jury.

2.630 Alternate Jurors.

2.635 Conduct of Trials.

2.640 Verdict.

2.645 Payment of Jurors.

2.650 Powers of the Municipal Judge.

2.660 Purpose.

2.665 Definitions.

2.670 Firearms and Dangerous Weapons Prohibited.

2.675 Administrative Search.

2.700 Title.

2.710 Conditions of Emergency.

2.720 Declaration of Emergency.

2.730 Adoption of Emergency Operations Plan.

2.740 Responsibilities of City Manager.

2.750 Violation.

2.800 Property in Police Department Possession – Disposition.

2.805 Manager Authority – Disposition by Sale – Notice.

2.810 Conduct of Sale – Disposition of Funds.

2.815 Transfer of Property to City.

2.820 Destruction of Contraband.

2.825 Claim by Owner After Sale.

2.830 Purpose.

Chapter 2
GOVERNMENT AND ADMINISTRATION