MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
Tuesday, August 6, 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.]
6:30 p.m. Executive Session*
*The Ashland City Council will hold an executive session to conduct deliberations with persons designated by the governing body to carry on labor negotiations, pursuant to ORS 192.660(2)(d).
The Executive Session was adjourned at 6:50 PM.
7:00 p.m. Regular Meeting
- CALL TO ORDER
Mayor Stromberg called the Business Meeting to order at 7:00 PM
- PLEDGE OF ALLEGIANCE
- ROLL CALL
Councilors’ Slattery, Graham, Akins, Seffinger and Jensen were present. Councilor Rosenthal was absent.
- MAYOR’S ANNOUNCEMENTS
Mayor Stromberg announced the current Commission and Committee vacancies.
Mayor Stromberg announced that there will be no public input on Item XII. Item number 2.
- CITY ADMINISTRATOR REPORT
- APPROVAL OF MINUTES
- Study Session of July 15, 2019
- Business Meeting of July 16, 2019
Jensen/Slattery moved to approve the minutes. Discussion: None. All Ayes. Motion passed unanimously.
- SPECIAL PRESENTATIONS & AWARDS
- Hiroshima and Nagasaki Day Proclamation
- 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]
Lynn Georgens – Ashland – Spoke regarding 5G in Ashland. She explained that there are over 200 members in Ashland that are part of the group. She gave updates to the latest things happening regarding this issue. The Group Oregon for Safe Technology is promoting awareness of the existing technology for safe practices. She spoke that good research is coming out now about current and new technology. More powerful so we can have smart homes and smart cars and faster video download speeds. She announced that there are 2 events coming up one on the internet and one in Santa Cruz, CA.
Sue Wilson – Ashland – She spoke regarding Ashland losing its nature regarding a whistle blowing case. She explained that the cost was high and being paid by tax payers. She questioned why citizens were not more informed. She spoke that Ashland lead employees are highly paid, the tax payers have a right to expect the employees understand and follow employment laws. She spoke that Staff should protect the whistle blower. She questioned what will be done to ensure this does not happen again. She spoke that whistle blowing should be something done without retaliation. She handed out a letter for the record (see attached).
Huelz Gutcheon – Ashland –Spoke regarding energy efficiency. He spoke to the importance of Ashland getting with the times with how buildings are being built. He spoke to the importance of not having autonomous homes.
Dr. Carol Voisin – Ashland – Thanked Susan Wilson for bringing up the whistle blower. She spoke regarding the content of the letter that Mr. Smeenk sent to the City. She spoke in concern of the site selection of the water treatment plant. She submitted a letter into the record (see attached).
- CONSENT AGENDA
- Sole Source Procurement for Body Cameras and Conducted Energy Weapons
Slattery pulled this item.
Amiko – Gabriel Blue – Spoke regarding the Ashland Police Department Policy Manual. She spoke that Ordinance 3176 is problematic. Mayor Stromberg explained she was in violation of Council Rules and asked her to stop speaking.
Council went into recess.
Chief Tighe O’Meara spoke that if anyone thinks the APD Policies need updating he is welcome to discuss this.
- Approval of Liquor License Request for Mary’s BBQ Place, LLC.
- “Revitalize Downtown Ashland” Transportation and Growth Management Citizen Advisory Committee Appointments
Seffinger pulled this item. She questioned if there will be a person on the committee that is specifically looking at age friendly issues such as loading zones.
Public Works Director Paula Brown gave a Staff report. She explained that Jackie Bachman will part of the Committee to look at senior issues.
- Appointment of Patricia Herdklotz to the Airport Commission
- Appointment of James Wickre and Laurence Parker as Ashland Municipal Court Judge Pro tempore
Akins pulled this item.
Council directed Staff to bring back this item with more information on the candidates.
- Resolution No. 2019-25; a Resolution Supporting the U.S. Congress Carbon Act
Slattery/Jensen moved approval of items 1, 2, 3, 4 and 6 of the Consent Agenda. Discussion: None. 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
- National Citizens’ Survey Add-Ons and Custom Questions
Madding gave a Staff report.
Council directed Staff to send out an email doodle to poll Council on the questions. Madding suggested that if Council has additions to send them to Staff.
- Second Reading of Ordinance 3176 Relating to Public Safety; Adding New Ashland Municipal Code Chapter 10.58**
**Public Testimony will not be allowed on this matter.
City Attorney David Lohman explained how to proceed with this topic after the last meeting. He handed out a memo addressing questions of concern (see attached).
Lohman explained that at the last business meeting each Councilor spoke in deliberation but Seffinger was cut off. He spoke that Council can continue where they left off. The motion on the floor was “Rosenthal/Jensen moved to approve Second Reading of Ordinance No. 3176”.
Council decided to continue where they left off.
Seffinger continued with her deliberation stating the importance of safety. She explained this Ordinance is not meant to punish or harm any group. She explained that this Ordinance will sunset in one year and if people are concerned please bring the issues to Council.
Slattery/Graham moved to amend the motion section 1-A of Ord 3176. A. It shall be unlawful for a person to knowingly fail to provide the person’s name and date of birth to a peace officer when the peace officer is issuing the person a citation for a violation as used in this Chapter, “violation” means an offense described in ORS 153.008. Discussion: Slattery explained that this would remove the term “probable cause”. He spoke that this is not to hurt people it is for safety. Graham agreed with Slattery. She explained that this will be looked at carefully in the next year. She spoke that she understands the real fear in this room and it is justified given what is going on in our Country. She spoke that she will support this motion in the hope that it will become clear to our citizens it is for safety and; that both officers will have the tools they need and citizens’ rights are protected. She thanked Chief O’Meara for the work that has been done. Akins spoke in appreciation of the word change. She spoke she will vote no on this because it doesn’t meet burden of proof that this is necessary to pass this Ordinance. She spoke that there is no hurry to pass this Ordinance and suggested talking with experts regarding how it is written. Roll Call Vote: Slattery, Graham, Seffinger, Jensen: YES. Akins: NO. Motion passed 4-1.
Roll Call Vote to the main motion: Seffinger, Graham, Slattery and Jensen: YES. Akins: NO. Motion passed 4-1.
Slattery asked APD and Staff if they would be willing to have make a connection with the citizens’ when APD comes with quarterly updates regarding Ordinance 3176. He suggested a group of people to sit up on the dais with Council to discuss and answer questions. Madding responded yes.
- NEW AND MISCELLANEOUS BUSINESS
- Staff Budget Presentation Discussion
Madding gave a Staff report.
Graham spoke to reasons why she suggested to have this presentation. She spoke to the importance of discussing the challenges that the City faces and creative solutions to fix the problems.
Council spoke to the importance of this presentation.
Graham/Slattery moved to direct the City Administrator to proceed with a 2019-2021 biennial budget public presentation. 5-0
- City Administrator Evaluation
Madding gave a Staff report. She spoke that a survey will be sent out to Council tomorrow. She spoke that the surveys will be sent to Human Resources Director Tina Gray by August 12th. Gray will then prepare a report to give to all at the Executive Session on August 19th. Madding explained she will give a recap of what she has accomplished and goals of hers for the City and City Council.
- ORDINANCES, RESOLUTIONS AND CONTRACTS
- Second Reading of Ordinance 3177 Amending AMC CH 2.18 Conservation Commission to the Conservation and Climate Outreach Commission and Ordinance No. 3178 Creating the Climate Policy Commission; Adding a New AMC CH 2.27
Assistant City Administrator Adam Hanks gave a Staff report.
Graham/Slattery to amend the purpose, membership, powers and duties of the Conservation Commission and to re-name the Commission as the Conservation and Climate Outreach Commission with the approval of Second Reading of Ordinance 3177 as presented. Discussion: None. Roll Call Vote: Akins, Seffinger, Jensen, Slattery and Graham: YES. Motion passed unanimously.
Graham/Seffinger moved to create the Climate Policy Advisory Commission with the approval of Second Reading of Ordinance 3178 with the following change from First Reading:
Deletion of the last full sentence on page 1 (lines 30 and 31) and replacing it with the following insertion: Either the Mayor or one (1) City Councilor shall serve on the Commission as a voting member and, upon appointment by the Mayor and confirmation by the City Council, may serve as the initial Chair. One (1) City staff person shall serve on the Commission as a non-voting, ex-officio member.” Correction – page 2 line 1 – include 2 student memebers Ashland school district or university.
Graham read the below changes into the record:
“2.27.010 Establishment; Membership There is hereby established a Climate Policy Commission for the City of Ashland. The Climate Policy Commission shall reflect and represent a wide range of community interests and perspectives. Such interests shall include, but not be limited to, environmental, energy efficiency, renewable energy, academic, business, low income, health, communities of color, and elderly interests. The Climate Policy Commission shall consist of nine (9) voting members. The Climate Policy Commission shall try to include (2) members who are 35 years old or younger at the time of appointment. Eight (8) of the members shall reside within the City, and one (1) member may be an at-large member living within the City’s urban growth boundary. Either the Mayor or one (1) City Councilor shall serve on the Commission as a voting, non-ex-officio member and, upon appointment by the Mayor and confirmation by the City Council, may serve as Chair. One (1) City Staff person shall serve on the Commission as a non-voting, ex-officio member. The Commission may optionally include two (2) student members representing the Ashland School District or a college or University. Student members under the age of 18 shall serve as non-voting, ex-officio members. Both voting and ex-officio members shall be appointed by the Mayor with confirmation by the City Council. The primary staff liaison shall be appointed by the City Administrator and shall serve as the secretary of the Commission”.
Discussion: Akins questioned why a college or university and if it had to be local. Council decided to change the wording to read “Ashland School District or University”. Roll Call Vote: Slattery, Jensen, Akins, Seffinger and Graham: YES. Motion passed unanimously.
- Appointments to the Climate Policy Advisory Commission
Hanks gave a Staff report. Slattery spoke to the importance of attendance to these meetings.
Slattery/Jensen moved to confirm the Mayor’s appointments to the Climate Policy Advisory Commission. Discussion: None. Roll Call Vote: Jensen, Seffinger, Akins, Graham and Slattery: YES. Motion passed unanimously.
- First Reading of Ordinance 3180 Relating to the Rules of the City Council; Amending AMC 2.04.100
Kate Hartzell – Ashland – Spoke regarding the Municipal Code. She spoke to the importance of establishing and maintaining ethical boundaries of power.
Madding gave a Staff report.
Jensen/Slattery moved to approve first reading of Ordinance 3180, an Ordinance relating to the rules of the City Council; amending AMC 2.04.100, allowing the Mayor to propose and the City Council to approve the appointment of a Council Liaison to act in a voting capacity and/or as the Chair to City Advisory Boards and Commissions. and Commissions.
Discussion: Jensen spoke in support of the motion and explained this isn’t something that would be used often. Graham spoke to the fundamental differences between ad-hoc committees and other Commissions or Committees. She spoke that it is helpful for a Councilor to be in the chair position at the beginning to get the Commission up and running. Seffinger spoke in concern of having the wording to include City Commissions.
Seffinger/Akins moved to amend the motion to approve first reading of Ordinance 3180, an Ordinance relating to the rules of the City Council; amending AMC 2.04.100, allowing the Mayor to propose and the City Council to approve the appointment of a Council Liaison to act in a voting capacity and/or as the Chair to City Advisory Boards and/or ad-hoc groups. Discussion: Seffinger spoke that it would benefit not having a Councilor be a Chair of a Commission. Akins agreed with Seffinger. Slattery questioned if this change would impact Ordinance 3178. Lohman answered no and explained when you create a Committee you can have different wording specifying the liaison roles. Roll Call Vote: Slattery, Graham, Akins, Seffinger and Jensen: YES. Motion passed unanimously.
- Resolution No. 2019-24; a Resolution Approving the Scope of Work and the Timeline for the Cost Review Ad hoc Committee
Madding gave a brief Staff report. She explained that she will bring this back to Council no later than February 4th.
Slattery explained that the Committee will be looking at the General Fund 90% and 10% looking at other issues specifically.
Jensen/Graham moved to approve Resolution No. 2019-24 setting the work program and timeline for the Cost Review Ad Hoc Committee. Discussion: Graham spoke to the importance of getting this done. Roll Call Vote: Jensen, Seffinger, Akins, Graham and Slattery: YES. Motion passed unanimously.
- Appointment of the Cost Review Ad Hoc Committee
Akins questioned how it was determined who was appointed to this committee. Slattery explained that him and Seffinger contacted Councilors and appointed Budget Committee members to see who would like to serve on the committee. He spoke that Mark Welch also gave interest to serve on the committee. Akins spoke that she would like to be on the committee.
Slattery explained that there will be 2 meetings a month beginning in September.
Slattery/Seffinger moved to approve the Cost Review Ad Hoc Committee appointments as listed with additions of Councilor Julie Akins, citizen Mark Welch and one other person to be determined when the budget seat is appointed. Discussion: Slattery spoke that he is ready to work. Seffinger spoke to the importance of letting the community know the committee is looking at the spending. Roll Call Vote: Akins, Slattery, Graham, Seffinger and Jensen: YES. Motion passed unanimously.
- OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
Slattery suggested for Staff to bring forward a stop measure that when Business Meetings get to the 10:30 PM hard stop and Council is in the middle of deliberations allow to extend the meeting 15 minutes to call the question.
- ADJOURNMENT OF BUSINESS MEETING
The Business Meeting was adjourned at 9:35 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).