1. Minor Issues. Any issue that qualifies as a minor issue shall be reviewed by the city traffic engineer. Where there is a request for review of a minor issue, the city traffic engineer shall provide a written response that shall include an explanation of any action taken or recommended and the reasons therefor. The city traffic engineer shall send a copy of the written response to the requesting party by regular mail. Where no request is received for review of the decision, the city traffic engineer’s decision is the final City decision on minor issues. Any person may appeal the decision of the city traffic engineer on an issue to the traffic commission. Such appeal must be in writing, must include a reference to the subject and date of the city traffic engineer’s written response and the grounds for objecting to the city traffic engineer’s decision. Unless the appeal is submitted by a member of the city council or the traffic commission, a fee as established by resolution of the council to cover the cost of processing and presenting the matter to the traffic commission shall accompany the appeal. Review by the traffic commission shall be conducted in the same manner as review of major issues. The written decision of the traffic commission shall be placed on the city council’s agenda for consent or for council, by motion, to review the matter. Council action on the proposal is the final decision.

2. Major Issues. Any proposal that qualifies as a major issue shall be scheduled by the city traffic engineer for review by the traffic commission. Prior to traffic commission review, the city traffic engineer shall provide an opportunity for review of each major issue by the Police Chief, the Operations Director and the Fire Marshal or their designees. All written comments received shall be sent to the traffic commission. The issue shall be scheduled for a public hearing before the traffic commission if the city traffic engineer determines that a public hearing is appropriate or if the traffic commission directs that the matter be scheduled for a public hearing or if any person makes written request to the city traffic engineer for a public hearing. The procedure for the conduct of such hearing shall be as set forth in subsection B. If no public hearing is scheduled, the matter may be approved on the consent agenda of the traffic commission and sent to the city council for final approval.

3. Emergency Issue. Any issue that qualifies as an emergency issue may be scheduled for review by the city council without the traffic commission first reviewing the matter, if the city manager deems such action to be in the public interest. Notice of council consideration shall be provided in accordance with requirements of state law for announcing a meeting of the city council. Notice of the council consideration of such issue shall also be provided by regular mail or other methods designed to give advance notice to the traffic commission and the chair of each NAC directly affected by the proposed action.

4. Extreme Hazard. Any issue that qualifies as an extreme hazard may be determined immediately by any of the following officials: the city traffic engineer, the Operations Director or the city manager without prior review or consideration by the traffic commission or the city council. The official taking action under this provision shall as soon as practicable thereafter, but no later than 48 hours, advise the other officials and the city council of such action and the circumstances. Within 90 days after notifying the city council, any traffic controls installed under the extreme hazard process shall be removed unless the city traffic engineer has scheduled the issue for review by the traffic commission. In the event of a fire or other public emergency, officers of the Police Department or the Fire District may direct traffic as conditions require, notwithstanding the provisions of this ordinance.

1. Notification. Except as otherwise provided in subsections A and F of this section, notice of the hearing shall be provided at least twenty (20) days before the hearing in the following manner:

2. Notice Contents. Notice shall include the nature of the proposed change; date, time, place and purpose of the hearing; and the name and telephone number of the City staff person who may be contacted to obtain additional information.

3. Conduct of the Hearing. The chair shall open the hearing by stating the general nature of the proposal followed by a summary of these procedures. Written minutes of the hearings body’s proceedings shall be prepared, approved and maintained. Minutes shall accurately reflect the names of hearings body members present, the substance of any matter discussed and views of participants and the vote and result of any motion or other action. The hearings body may by rule establish time limits on testimony to be observed during a hearing, subject to the right of the chair, with the hearings body’s consent, to amend or waive the time limits. As a general guideline, if the chair decides to increase or decrease the time limits for testimony, the chair shall do so in equal proportion for both the person who submitted the proposal or appeal and the person who opposes the proposal. An audio recording shall be made of each meeting.

The chair shall next call for presentation of the city traffic engineer’s report. The city traffic engineer’s report shall list the applicable substantive criteria and shall explain the reasons behind the recommendation, or decision in the case of an appeal.

The chair shall state that evidence and testimony must be directed to the criteria in BC 6.02.060, determined to be applicable by the city traffic engineer or other criteria, current City, Metro, Tri-Met, State of Oregon or Federal laws or policies, which the person believes to apply to the decision.

The chair shall call for testimony from the person who submitted the proposal or the person who appealed the city traffic engineer’s or traffic commission’s response to the proposal.

The chair shall call for evidence or testimony from other interested parties.

Prior to the conclusion of the hearing, any participant may request a continuance of the hearing for the purpose of presenting additional evidence or testimony regarding the application. The hearings body upon its own motion may continue the hearing to a time and date certain. No additional notice of a continued hearing is required if the hearings body announces the continuation of the hearing to a date, time and place certain. The decision on whether to continue the hearing rests solely with the hearings body.

At the conclusion of the deliberations, the hearings body shall make an oral decision to approve, approve with conditions or deny the proposal or the appeal of the proposal based upon the applicable standards and criteria and the evidence and testimony in the record. The hearings body may also refer the matter to the city traffic engineer for further review and may retain jurisdiction over the decision. The hearings body’s oral decision is not a final decision. At any time prior to the adoption of the final order pursuant to paragraph 4 of this subsection, the hearings body may, after approving a motion to reconsider, modify or change the oral decision or choose to reopen the hearing, or both.

4. A final written order of the traffic commission decision shall be signed by the chair on behalf of the commission. The final written order shall consist of a brief statement that explains the criteria and standards considered relevant, states the facts relied upon in rendering the decision and explains the justification for the decision based upon the criteria, standards and facts set forth. The order shall also contain or incorporate by reference any conditions of approval deemed necessary or appropriate by the hearings body. A proposed order may be prepared by the city traffic engineer or by the prevailing party subject to review and approval of the city traffic engineer.

5. In the absence of a properly filed Notice of Intent to Appeal, the traffic commission’s decision shall appear on the city council’s agenda as a consent item following the expiration of the appeal period. Upon approval by the council, the decision shall be considered final. Prior to approval, the city council may, by motion, decide to conduct its own hearing. Any hearing by the city council shall be in accordance with Subsections E through H of this section.

6. Notice of the traffic commission’s decision shall be sent by regular mail to the person who submitted the proposal or appeal of the proposal and to all persons who testified either orally or in writing before the hearings body. The notice shall be sent within 3 calendar days after the signing of the final written order by the chair. The notice shall include the date (of the notice), a brief summary of the final decision, a geographical reference to the location of the traffic issue, a statement that a copy of the final written order is available for review at City offices and in the case of notice of a traffic commission decision, a statement that the decision may be appealed by filing a written Notice of Intent to Appeal with the city recorder within ten calendar days of the date of the final written order and a reference to the requirements for filing a Notice of Intent to Appeal contained in subsection C of this section.

1. A reference to the proposal, the number and date of the final written order;

2. A statement that demonstrates that the appellant is the person who submitted the proposal or appeal of the proposal, or appeared either orally or in writing in front of the traffic commission;

3. The name, address, and signature of the appellant or the appellant’s representative;

4. An appeal fee as established by resolution of the council, unless the appeal is filed by the city manager or a local government agency or unless the fee is waived by motion and order of the city council; and

5. A discussion of the specific issues raised for council’s consideration and the specific reasons why the appellant contends that the decision by the traffic commission is incorrect or not in conformance with the applicable criteria.

1. all staff reports and memoranda prepared regarding the proposal that were presented to the traffic commission;

2. minutes of all traffic commission proceedings at which the proposal was considered;

3. all written testimony and all exhibits, maps, documents or other written materials presented to the city traffic engineer and the traffic commission during the proceedings on the proposal; and

4. the final written order of the traffic commission.