MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
Tuesday, June 18, 2019
1175 E. Main Street
Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.]
- CALL TO ORDER
Mayor Stromberg called the Business Meeting to order at 7:02 PM.
- PLEDGE OF ALLEGIANCE
- ROLL CALL
Councilors’ Slattery, Graham, Akins, Seffinger, Rosenthal and Jensen were present.
- MAYOR’S ANNOUNCEMENTS
Mayor Stromberg announced the current Commission and Committee vacancies.
- CITY ADMINISTRATOR REPORT
Due to City Administrator Kelly Madding being absent Assistant the City Administrator Adam Hanks was filling in. Hanks spoke that there will not be a Council Study Session on July 1st or Business Meeting on July 2nd.
- APPROVAL OF MINUTES
- Study Session of June 3, 2019
- Business Meeting of June 4, 2019
Seffinger/Graham moved to approve the Minutes. Discussion: None. All Ayes. Motion passed unanimously.
- SPECIAL PRESENTATIONS & AWARDS
- Bee City USA Proclamation
Jensen read the Bee City USA Proclamation into the record (see attached).
Seffinger spoke to the importance of Bee City.
- MINUTES OF BOARDS, COMMISSIONS, AND COMMITTEES
- PUBLIC FORUM Business from the audience not included on the agenda.
(Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum]
Huelz Gutcheon – Ashland – Spoke regarding climate change. He spoke to the importance of clean energy.
- CONSENT AGENDA
- Approval of an Addendum to the Agreement with Cartegraph Systems, Inc.
- Approval of a Sole Source Procurement for Dry Creek Landfill
- Resolution 2019-20 Amending the Existing Surcharge to Water Meters for the Purpose of Generating and Dedicating General Fund Resources for Additional Work as Part of Ashland Forest Resiliency and Wildfire Safety Programs
Hanks gave a Staff report.
Public Input on Item #3:
Eric Navickas – Ashland - Spoke regarding the watershed. He spoke regarding aggressive logging and being opposed to continued commercial logging. He spoke that fuels reduction needs to stop and putting the costs on the tax payers. He suggested this be put on property taxes. He spoke to the importance of building a shelter to address homelessness.
- Resolution 2019-21 Adopting a Supplemental Budget for Changes to the 2017/19 Biennial Budget
Slattery pulled this item. Hanks gave a Staff report.
Rosenthal/Slattery moved to approve items 1,2 and 4 of the Consent Agenda. Discussion: None. All Ayes. Motion passed unanimously.
Rosenthal/Seffinger moved to approve Resolution 2019-20 Amending the Existing Surcharge to Water Meters for the Purpose of Generating and Dedicating General Fund Resources for Additional Work as Part of Ashland Forest Resiliency and Wildfire Safety Programs. Discussion: Rosenthal that this has been discussed and worked on extensively during the budget process. Seffinger spoke to the importance of this issue for all of Ashland. Voice vote. All Ayes. Motion passed unanimously.
- PUBLIC HEARINGS (Persons wishing to speak are to submit a “speaker request form” prior to the commencement of the public hearing. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s) until up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.)
- UNFINISHED BUSINESS
- NEW AND MISCELLANEOUS BUSINESS
- ORDINANCES, RESOLUTIONS AND CONTRACTS
- First Reading of Ordinance 3176 Relating to Public Safety, Adding New Ashland Municipal Code Chapter 10.58
Police Chief O’Meara and Assistant City Attorney Katrina Brown gave a Staff report.
Chief O’Meara gave a PowerPoint presentation (see attached).
Items discussed were:
- Reasonable suspicion definition.
- Probably Cause definition.
- Violation definition.
- Crime definition.
- Ashland City Charter Article XIV Section 2.
- Proposed Ordinance.
- McNally Ruling.
- Statistics of calls for service, cases pulled, arrests and violations from 01/01/2010 thru
- Concerns raised by citizens.
- 6 years – 36 times why need a law? Needs to exist so we don’t need to use it.
- PD to be sensitive in all interactions.
- Trainings that have been done already:
- Implicit Bias Training.
- Procedural Justice Training.
- Tactical Ethics Training.
- Suggested additional to use of force report and how it has been applied.
Slattery questioned how quality control will be done if this Ordinance is passed. Chief O’Meara answered that every officers report is reviewed by their supervisor. He explained that anyone can send in anonymous complaint in any form.
Akins questioned detainment time. Chief O’Meara explained a time of imprisonment has to be attached to what is considered a crime. 30 days for class C misdemeanor is the maximum but does not mean that they will stay 30 days in custody.
Seffinger questioned dog attacks and how if you don’t know the identity of a person it could be a problem if someone was attacked and needs a rabies shot. She also spoke that knowing the identity of who the Police Department is dealing with could decrease danger to the police officers.
Council discussed ways to identify a person without an ID. It was explained that some jurisdictions take you into custody and finger print the person. Graham suggested that if this Ordinance is passed to bring back an annual report showing how many people are being stopped, what kind of people are being stopped and how it relates to the population of our town.
Brown discussed the McNally Ruling. She explained that passive resistance is not interfering.
Graham questioned how an Officer responds to those who are incapable of knowing they are doing something wrong. Chief O’Meara explained that the Police Department is looking into training on how to best engage someone with a disability.
Kokayi Nosakhere – Ashland – Spoke that the issue is not Chief O’Meara but other officers. He spoke regarding a wrongful arrest and that this ordinance will make wrongful arrests legal.
Jessie Kinney – Ashland – Representing Rogue Action Center. Spoke in concern of the Ordinance. She urged Council to vote no. She explained it puts people at risk such as transgender. She explained this could be an issue where police officers out transgender people.
Morgan Lindsay - Ashland – Thanked Council for not adding Ashland to the Jackson County Jail District. She spoke in support in investing in things that reduce crime. She spoke that Oregon has a racist history. She spoke that as a tax payer she would want to embrace the universal human rights such as housing and health care.
Sarah DeLong – Ashland – Spoke in appreciation of Chief O’Meara. She spoke that she feels this Ordinance is morally wrong. She urged Council to vote no.
Syd Browning – Ashland – Urged Council to reject this Ordinance. He spoke in concern of this Ordinance and that it would add more policing and profiling. He spoke that this would threaten people who are already harassed. He spoke this Ordinance would add an additional jail time and fines.
Edward Masler - Ashland – Spoke that over that over the years he felt this was a safe place to live now he sees the City hardening. He spoke that he has had good interactions with police. He spoke that people come here to express themselves and wants to preserve that. He spoke to the importance of making people in the community feel safe.
Alma Rosa Alvarez – Ashland – Urged Council to vote no. She suggested to revise Section A #1. To change the wording of probable cause. She spoke to the importance of people of color to feel safe and protected.
Adrienne Simmons – Ashland – Thanked Council. She spoke in appreciation for chief. She spoke that if the Ordinance passes there will be a lack of racial diversity. She suggested if it does pass to have a sunset clause every year and look at the data so can provide quality control.
Amiko – Gabriel Blue – Medford – Was a resident in Ashland. Thanked Council and Chief O’Meara for listening when speaking last month. Urged Council to not pass this Ordinance.
CC Moreno – Ashland – Spoke that after he came last time the citizens were told they were misinformed. He spoke that the Police Department wrote this Ordinance and not a legislative body. He spoke that this is looking for a way to get around the McNally Ruling. He spoke that this Ordinance cannot be passed this is for the County to decide not the City.
Andrew Selec – Ashland – Spoke that he is with Our Revolution Southern Oregon. He spoke regarding Code: 153.039 section 3 and whether or not this section applies to pedestrians or just traffic stops.
Jesse Sharpe - Medford –He spoke regarding research of this Ordinance. He spoke that this will increase consequences of racial and economic profiling. He spoke that Oregon is the whitest state in the nation and Ashland is the whitest city in the valley. He spoke to only fill the jail with people who have committed serious crimes. Urged Council to vote no on this ordinance.
Devin Van Hine – Phoenix – Lived in Ashland for 5 years. Thanked Chief O’Meara for the training efforts leading the Police Department to less bias practices. He spoke that that still doesn’t leave a solution for the dangers of transgender. He spoke that 30 days in jail could cause someone to lose their job and their home.
Rich Rohde – Ashland – Spoke against this Ordinance. He spoke in respect for Police Department. He spoke that currently the City has a good Police Chief but what happens in the future when someone new comes into town? He spoke that the State has over population of mental health issues and the importance of looking at this issue.
Jordan Marshall – Ashland – Thanked Council for listening. Spoke for Council to vote against this Ordinance.
Degoberto Morales - Medford –Spoke against this Ordinance and urged Council to vote no.
Bailey Smith – Phoenix – Spoke in concern that this Ordinance will affect vulnerable communities the most. Urged Council to vote no.
Council discussed the right to remain silent laws.
Slattery questioned the reasoning for this Ordinance. Chief O’Meara explained that they are running into issues more frequently and cannot do their job as mandated by the City Charter.
Council discussed how to deal with the concerns of the trans community. Chief O’Meara explained that he has been trying for some time to get answers on how to deal with situations that may come up with the trans community and will continue to do so. He spoke to the importance of everyone being treated the same.
Akins moved to decline approval of First Reading of Ordinance No. 3176. Motion died.
Jensen/Rosenthal moved to approve First Reading of Ordinance No. 3176 and advance it to Second Reading for enactment. Discussion: Jensen spoke that this is an essential part of our social contract with each other. He spoke to the importance of observance of rules on both sides. He spoke that this is the least intrusive yet essential for safety and accountability for behavior. He spoke that this is a sensible Ordinance. He spoke that Chief O’Meara is at the forefront and has faith in this Ordinance. Rosenthal agreed with Jensen. He spoke that he appreciates the high level and respectful testimony that was heard tonight. He spoke that the Council’s job is to look at this as objectively as they can. He spoke that Chief O’Meara and the Legal Department did a great job presenting this. He spoke that he understands that there are concerns and that the Police Department is candid by saying they don’t have an answer to every question. He spoke that if this was rejected public health and safety could be jeopardized and will open a door for people to gladly break the law. Akins spoke that she respectfully disagrees with Jensen and Rosenthal. She spoke against jail and a fine. She spoke that this does not protect public safety. She spoke that she respects the Chief but thinking of the future and he won’t be here forever. She spoke that this is morally wrong and not the kind of place she wants to want to live in.
Graham spoke that this is a difficult situation. She spoke that she is aware of bias and has seen time and time again. She spoke that this cannot be reconciled by stopping law enforcement. She spoke that we need to address the bias to maintain accountability to each other. She spoke that the issue that needs to be addressed is bias and that once that is taken care of, it will handle the concerns about this Ordinance. Slattery spoke that this is one of those difficult topics. He spoke in appreciation of Akins passion. He spoke to the importance of working together as a Community. He spoke that he would support this motion based on the continued work that the Police Department will do. He spoke that we have to find a way to treat all the same no matter what size the Community. He spoke that Council all worked together to ensure they hired a Police Chief that treats all with respect and they will do the same for the next Police Chief. He spoke that if anyone has an issue and feels violated to please come to the Council. Seffinger spoke to the importance of being respectful no matter who they are. She spoke that people who are not following the law and are dangerous then the Police need to protect society. Stromberg spoke that many citizens spoke tonight about helping the homeless. He reminded all that Council is working on this continuously and we are working on getting one building for a homeless shelter.
Slattery/Graham moved to amend the motion to have a full review in 1 year and schedule for repassage. Discussion: Slattery spoke that this is a good idea to evaluate the progress and have a Community conversation about the benefits or lack thereof. Graham agreed. Roll Call Vote: Slattery, Graham, Akins and Jensen: YES. Seffinger and Rosenthal: NO. Motion passed 4-2.
Roll Call Vote on main motion: Jensen, Rosenthal, Seffinger, Slattery and Graham: YES. Akins: NO. Motion passed 5-1.
Graham/Slattery moved to direct Staff to share STOP Data with the Council by the end of the calendar year after we have collected one year worth of data and to present the Council with the procedure for how they will handle transgender people in an ID situation. Discussion: Graham spoke to the importance of not waiting a year. Slattery agreed. Seffinger spoke to treating people respectfully. Roll Call Vote: Akins, Graham, Rosenthal, Jensen, Seffinger and Slattery: YES. All Ayes. Motion passed unanimously.
Chief O’Meara thanked Council and spoke that he appreciates all the Citizens concerns and is willing to continue to listen to them.
- Resolution 2019-16 Adopting a Miscellaneous Fees and Charges Document and Repealing Prior Fee Resolution 2018-18
Rosenthal/Seffinger moved to adopt Resolution 2019-16 adopting a Miscellaneous Fees and Charges Document and Repealing Prior Fee Resolution 2018-18. Discussion: Akins spoke in concern of fee increases. Seffinger spoke the success of the Firewise program. Roll Call Vote: Rosenthal, Slattery, Seffinger, Jensen and Graham: YES. Akins: NO. Motion passed 5-1
- Resolution 2019-19 Approving the Scope of Work and the Timeline for the Financial Sustainability and Community Resilience Ad Hoc Committee
Graham/Akins moved to approve Resolution No. 2019-19 setting the work program and timeline for the Financial Sustainability and Community Resilience Ad Hoc Committee.
The purpose of the Financial Sustainability and Community Resilience Ad Hoc Committee (FSCRC) is to create revenue recommendations to the City Council that lead to the City’s long-term sustainability and enhance the City’s overall financial resilience. Discussion: Jensen suggested to make into 1 body.
Rosenthal /Seffinger amended the motion to change the title to Sustainability and Community Resilience Ad Hoc Committee. Motion died due to time constraints.
Due to time constraints item 3 and 4 were moved to the next Council Meeting.
- Resolution 2019-22 Approving the Scope of Work and the Timeline for the Program and Operational Review Ad Hoc Committee
- Second Reading of Ordinance 3179 Amending the Housing Element and the Policies and Implementations Chapters of the Ashland Comprehensive Plan (Chapters VI and XIII)
Jensen/Slattery moved to approve second reading of Ordinance No. 3179 titled, “An Ordinance repealing and restating the entirety of Chapter VI [Housing Element] of the Ashland Comprehensive Plan, and amending Chapter XIII [Policies & Implementation] Sub-Chapter VI Housing of the Ashland Comprehensive Plan to incorporate new housing goals and policies”; and I move to approve the Findings of Fact for Planning Action PA-L-2018-0004 relating to the approval of the amendments to the Housing Element of the Comprehensive Plan. Discussion: None. Roll Call Vote: Akins, Slattery, Graham, Rosenthal, Seffinger and Jensen: YES. Motion passed unanimously.
- OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
- ADJOURNMENT OF BUSINESS MEETING
The Business Meeting was adjourned at 10:30 PM
Respectfully submitted by:
City Recorder Melissa Huhtala
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).