A8
THE DAILY ASTORIAN • WEDNESDAY, DECEMBER 12, 2018
Complex: Site is on steep, landslide-prone terrain
of public access.
Another main concern
for commissioners was the
project’s primary access
off of U.S. Highway 30
via Maritime Road and
Old U.S. Highway 30. The
Johnsons are planning to
restrict access to the apart-
ments to the east along Old
U.S. Highway 30 and Mar-
itime Road, which intersects
with Highway 30 across the
street from the entrance to
the large Emerald Heights
Apartments complex.
Continued from Page 1A
park space, isolated from
the nearest city park in the
Alderbrook neighborhood.
“Even if it’s 100 units,
that’s still a substantial num-
ber of children and dogs that
may need exercise,” Plan-
ning Commissioner Daryl
Moore said. “So 2,000
square feet really isn’t
enough room.”
Commissioners
asked
the developers to come back
with a plat that provides at
least 5,000 square feet of
park space, offering to lift
a requirement for street side
trees in exchange. They have
also asked that the devel-
oper install playground
equipment.
The city, which has strug-
gled to maintain parks, has
not shown interest in having
the park made public. Com-
missioners discussed the idea
of the developer creating a
homeowners association to
maintain a park, similar to
the Mill Pond neighborhood.
Traffi c
Edward Stratton/The Daily Astorian
Local homebuilders Stan and Cary Johnson have applied to build a 22-lot subdivision
on a hill above North Tongue Point.
But the development was
not planned for a homeown-
ers association, and a private
park is a liability concern,
Cary Johnson said.
“These are city streets
and city utilities,” he said.
“The rest of what we’re put-
ting in is eventually going
to be city infrastructure, and
there will be millions of dol-
lars of tax base. If a park is
going to be required, we feel
the city is best-equipped to
handle something like that.”
The project site is on
steep, landslide-prone ter-
rain, with forested drop-offs
on either side designated as
no-build zones. Cary John-
son said the developers have
been looking to donate these
areas to a group like the
North Coast Land Conser-
vancy, suggesting they could
also provide recreation.
But commissioners cooled
on the prospect of provid-
ing an easement to private
property with no guarantee
A traffi c study for the
project estimated more than
320 round trips each week-
day , including 32 head-
ing out during peak morn-
ing traffi c and entering the
complex in the evening. No
new traffi c signals or other
improvements were recom-
mended by the state for the
intersection, which includes
turn lanes and a fl ashing yel-
low signal.
“I’m not comfortable
with that answer,” Planning
Commissioner Jan Mitchell
said. “I’ll say it that way.”
Another issue that needs
to be solved before any con-
struction is clarifying own-
ership of Maritime Road
off Highway 30, said City
Manager Brett Estes. The
chain of ownership was lost
at some point, he said, and
the city has received a state
grant to clarify it.
“This issue not only
affects the proposed subdi-
vision, but also other prop-
erty owners within this area
that are wanting to develop
and build out their proper-
ties,” Estes said.
Cary Johnson was con-
cerned about pushing the
public hearing on the proj-
ect into next year, when sev-
eral new members will join
the Planning Commission.
Commissioners, staff and
Johnson agreed to meet Dec.
27, when he will bring back
a revised plat with at least
5,000 square feet set aside
for park space.
Law: ‘The (labor) bureau must accept complaints if they are fi led’
Continued from Page A1
Banned discrimination
Employers who know of
pay gaps have to give raises
and adjust their pay scale by
Jan. 1. Otherwise, they could
be penalized by state regula-
tors and be sued by employ-
ees who believe they’re ille-
gally underpaid.
“The bureau must accept
complaints if they are fi led,”
said Christine Lewis, Ava-
kian’s spokeswoman. “The
commissioner believes we
should not delay protecting
people who have faced pay
discrimination because of
their gender, race or other
protected class.”
The labor bureau could
order back pay from any
employer it fi nds violat-
ing the new pay rules. The
employer would have to pay
the lesser of back pay for
two years or for the period
of the unlawful wage dispar-
ity, plus the time it took to
resolve the complaint.
The Oregon Equal Pay
Act of 2017 banned pay dis-
crimination based on gen-
der, race, color, religion,
sexual orientation, national
origin, marital status, vet-
eran status, disability or age.
Differences in pay have
to be based on senior-
ity, education, job circum-
stances or cost-of-living
reasons. The law prohibits
asking applicants their sal-
ary history.
The law passed the Leg-
islature unanimously after
senators added a protec-
tion for employers. The law
shields employers who com-
plete a pay equity analysis
and map a plan to remedy
inequities from liability for
damages in the subsequent
three years if an employee
sues.
The labor bureau started
work on its rules in Janu-
ary, and in May engaged
an advisory committee of
employers and others to
review the proposed rules,
Lewis wrote in an email . In
one instance, the rules were
delayed two weeks to give
employers more time to
comment, Lewis said.
The agency voluntarily
developed the rules “with
the intent of being help-
ful to employers and pro-
viding guidance regarding
terms in the legislation as
well as considerations BOLI
would apply in investigating
complaints fi led with the
agency,” Lewis wrote.
Lewis maintained that
employers have been aware
of the law for the past year
and a half and could have
complied with the law with-
out the rules.
Lawmakers did not man-
date that BOLI adopt rules
for the law, she said.
Lewis said employers
could have gotten plenty of
help from the labor bureau
in the meantime, including
seminars, fact sheets and
individual consultations.
More time
Employers want more
time to understand the new
rules, which run to 11 pages.
Representatives
from
employer groups last week
met with lawmakers to
share their concerns.
“Employers want to do
the right thing as it relates
to this law. We just need
reasonable time to imple-
ment the law and the fi nal
rules,” said Amanda Dalton,
a lobbyist with Northwest
Grocery Association, who
attended the meeting.
She noted that it has
taken the state Department
of Administrative Services
a full year to conduct a pay
analysis of state workers –
a timeline confi rmed by the
agency.
The reason “we were
so concerned with the late
release of rules is now
employers are forced to rush
this and get it done before
the holidays,” Dalton said.
Gov.
Kate
Brown
included $15 million in her
new budget to cover the
state’s costs of changing
wages to comply with the
law.
So far, about 3,600
employees – roughly 9 per-
cent of state workers – have
been fl agged for possible
pay equity adjustments, but
more analysis is expected to
reduce that number, accord-
ing to Liz Craig, Depart-
ment of Administrative Ser-
vices spokeswoman.
The Senate Workforce
Committee is scheduled to
discuss the pay equity in
Salem today at 2 p.m. Labor
bureau offi cials are expected
to testify about what they
have communicated and
how much time they have
given businesses to prepare
for the law change, said
state Sen. Tim Knopp, the
committee’s vice chairman.
“We’ll hear what they
have to say and then go
from there,” Knopp said.
Approached at the Capi-
tol Tuesday, state Sen. Kath-
leen Taylor, the commit-
tee’s chairwoman, declined
comment.
Val Hoyle, who takes
offi ce as labor commis-
sioner Jan. 7, said she
plans to be lenient toward
employers.
“Because the rules came
out so late, we want to
make sure both employ-
ers and workers understand
what the rules are so we will
really be focusing on educa-
tion and outreach,” Hoyle
said.
Despite that, employ-
ers could still be vulnera-
ble to civil lawsuits from
employees.
The Capital Bureau is a
collaboration of EO Media
Group, Pamplin Media
Group and Salem Reporter.
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