Agendas and Minutes

City Council (View All)

Regular Meeting

Minutes
Tuesday, December 21, 2010

MINUTES FOR THE REGULAR MEETING

ASHLAND CITY COUNCIL

December 21, 2010

Council Chambers

1175 E. Main Street

CALL TO ORDER

Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.

 

ROLL CALL

Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger, and Chapman were present.

 

MAYOR’S ANNOUNCEMENTS

Mayor Stromberg announced vacancies on the Historic Commission, Planning Commission, Public Arts Commission, and the Housing Commission.

 

He went on to announce this was the last meeting for Councilor Navickas and Councilor Jackson and noted their efforts and accomplishments.

 

He also explained there would be no further public testimony on the City’s current camping ordinance and the homeless issue and why.

 

SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?

The minutes of the Study Session of December 6, 2010, Executive Session of December 7, 2010 and

Regular Meeting of December 7, 2010 was approved as presented.

 

SPECIAL PRESENTATIONS & AWARDS

Mayor Stromberg presented Councilor Jackson and Councilor Navickas with plaques that recognized their contributions as City Councilors.

 

CONSENT AGENDA

1.   Will Council accept the Minutes of the Boards, Commissions, and Committees?

2.   Does Council wish to approve a Liquor License Application from Donald Senestraro dba Paddy Brannan’s Irish Pub at 23 S 2nd Street?

3.   Does Council wish to approve a Liquor License Application from Dee Vallentyne dba Smithfields Restaurant & Bar at 36 S 2nd Street?

4.   Will Council conduct annual review and accept the current City of Ashland Investment Policy?

5.   Will Council approve an agreement to allocate Ashland’s remaining $6,735 in unexpended American Recovery and Reinvestment Act (ARRA) funds to the City of Medford?

6.   Will Council, acting as the Local Contract Review Board, approve the award of a public contract to Diamond Parking for Parking Enforcement and Administration Services?

7.   Should Council approve a resolution adjusting the FY 2010-2011 Budget to create appropriations and authorize expenditures for unanticipated expenses during this year?

8.   Will Council approve a resolution modifying the size of street pennants allowed to be installed within the previously approved pennant placement zones?

9.   Will Council, acting as the Local Contract Review Board, approve the award of a public contract to Hughes Fire Equipment for a Type 1 ambulance?

10. Does Council have questions about the Mayor’s at large selection for the Ashland Stormwater Technical Review Committee and the Ashland Wastewater Technical Review Committee for each of the respective Master Plan updates?

11. Will Council approve the attached resolution modifying the Renewable Resource Purchase Policy for Solar, wind, Fuel Cell and Hydroelectric Power Generation?

 

Councilor Jackson/Chapman m/s to approve the Consent Agenda.  Voice Vote: All AYES. Motion passed.

 

PUBLIC HEARINGS

1.   Should Council conduct and approve Second Reading of an ordinance titled, “An Ordinance Establishing Fees and Charges for Municipal Court Administration” and approve a Resolution titled, “A Resolution Establishing Fees for the Administration of the Ashland Municipal Court” after holding a public hearing?

Interim City Attorney Megan Thornton read the ordinance title aloud.

 

Public Hearing Open: 7:07 p.m.

 

PUBLIC TESTIMONY

Joaquin Saloma/Thought the Municipal Judge should have received more respect from the Council during the December 7, 2010 meeting regarding Courts Fees and Charges.

 

Public Hearing Close: 7:11 p.m.

 

Ms. Thornton read the following proposed changes suggested by Municipal Court Judge Turner.

 

Ø  Change the sentence under 4.35.030(A), Waiver or Reduction of Fees and Charges by the Municipal Court from:  “The fees for Failure to Appear for Bench Trial, Discovery, Failure to Appear of Jury Trial, Mediation of Violation, and Warrants may be waived or reduced in whole or in part when the Municipal Court makes a written finding that the defendant’s indigence and the totality of the circumstances warrant a fee waiver,” to “The fees for Failure to Appear for Bench Trial, Discovery, Failure to Appear of Jury Trial, Mediation of Violation; and Warrants may be waived or reduced in whole or in part when the Municipal Court makes a written finding that the totality of the circumstances warrant a fee waiver.” Staff recommended retaining “indigence” in the ordinance because it was common criteria under State Statute.  Additionally it gave people using the Municipal Court a better understanding of what “totality of the circumstances” meant.

 

Ø  Change 4.35.030(3) (C) by replacing “…on evidence in the record,” with “…the totality of the circumstances,” in order to be consistent with 4.35.030 (A).  Ms. Thornton explained it did not need to be consistent.  Decisions made were based on the evidence in the record.  The Municipal Court was not a court of record and if there were nothing in writing, there was no record of what occurred in Court.

 

Ø  Add the City Attorney Diversion Fee and the Civil Compromise Fee to the list of fees that could be waived or reduced under 4.35.030 Fee Waiver (A).  Staff recommended not adding either fee to the list.  The City Diversion Fee was a contract negotiated between the City Attorney and the defendant.  Staff was not required to obtain the Judge’s signature under statute but do in case of default so the City can proceed under contempt of court or show cause.  If the Judge disagreed with the contract and refused to sign it, the contract would be considered broken, and the case would proceed to court.    The reason for not adding the Civil Compromise Fee to the Fee Waiver list was that Civil Compromise required that all court fees incurred were paid.

 

Councilor Jackson/Silbiger m/s to approve Ordinance #2010-41.

 

Councilor Navickas/Voisin m/s to amend motion by deleting section 4.35.030 (C) replacing “should be based on evidence in the record,” to “totality of the circumstances,” as suggested by Judge Turner.  DISCUSSION:  Councilor Navickas thought the amendment would give the Judge more discretion.  Roll Call Vote: Councilor Voisin and Navickas, YES; Councilor Lemhouse, Jackson, Silbiger and Chapman, NO. Motion failed 2-4.

Roll Call on main motion:  Councilor Navickas, Lemhouse, Jackson, Silbiger and Chapman, YES; Councilor Voisin, NO.  Motion passed 5-1.

 

Councilor Jackson/Silbiger m/s to adopt Resolution #2010-31.  DISCUSSION: Councilor Jackson commented that the resolution listed the fees making it more predictable and fair for everyone involved.  Councilor Silbiger read from 4.35.030 that explained the Judge had the discretion to waive or reduce a fee if she felt it conflicted with State law.  Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman, YES. Motion passed.

 

PUBLIC FORUM

Dan Rueff/535 Oak Street/Said farewell to Councilor Navickas as a Councilor noted his accomplishments for the environment and welcomed him back as a citizen of Ashland. 

 

Robert Corliss/1181 Fir Lane/Shared information regarding the recent discovery of plastic bottles being made from petroleum bi-products and  Bisphenol-A (BPA) that is linked to cancer and birth defects.  He submitted into the record a copy of the movie Tapped, encouraged Council to watch the film, go to www.tappedthemovie.com and to stop buying plastic products.

 

UNFINISHED BUSINESS

1.   Does the City Council wish to: 1) enact an ordinance to temporarily suspend the City code that prohibits camping on public property; 2) provide direction to the Housing Commission that the Council would like the Commission to work on homelessness issues; and/or 3) provide direction that the Housing Work Plan should be amended to direct the Housing Specialist to spend more time working on homelessness issues?

 

Councilor Navickas explained that if the camping ban was lifted, further restrictions could be put in place for the Wildland interface during fire season and the commercial downtown area.

 

Councilor Navickas/Voisin m/s to declare an emergency and approve first and second reading of an ordinance temporarily suspending Ashland Municipal Code section 10.46.  DISCUSSION: Councilor Navickas thought the City was currently in violation of the Eighth Amendment relative to the Jones vs. City of Los Angeles case.  Citing people within the city limits pushed them into the watershed and that created a fire hazard.  He suggested the City bring together a variety of groups to ensure people have a safe place to sleep and possibly work with Jackson Wellsprings to provide camping vouchers to people.

 

Councilor Chapman did not think the City was violating the Eighth Amendment and did not support suspending the ordinance but was open to looking at solutions.  Councilor Jackson also did not believe it violated the Eighth Amendment and noted the amendments Council adopted two years before in response to the American Civil Liberties Union (ACLU) regarding the Los Angeles case.  She spoke with providers who had worked on homeless issues for 2-3 decades and not one of them nor the National Homelessness policies supported camping as part of the solution.  She was not in favor of lifting the ban.

 

Councilor Lemhouse noted various organizations within Ashland that supported people in need.  If the citizenry wanted a designated camping area for people who were homeless, it would have happened a long time ago.  He named shelters and services available in Medford and encouraged anyone who needed those services to access them.  People choosing not to use services provided in the Rogue Valley did not put the burden on a city the size of Ashland to provide them.  He supported future goals regarding homelessness but was not in favor of waiving the current law or establishing a campground.  Councilor Silbiger did not think the ordinance violated the Eight Amendment and suspending the ordinance was the wrong action to take.  Allowing open camping was not in anyone’s best interest.  Providing a shelter and services were the solution but the City was limited in what it could provide. 

 

Councilor Voisin explained that 17% of the people homeless in Jackson County were campers and the City was obligated to provide a place for them to sleep.  She stated that she would abstain from voting on the motion because the City needed to maintain the ban on camping and provide an alternative and had not.  Councilor Jackson responded there were available services but they required recipients who agreed to the providers standards. Councilor Voisin talked to former ICCA members on why the ICCA withdrew from Ashland.  The withdrawal was apparently due to lack of funding, a focus on homeless veterans, and no fund raising occurred.  Mayor Stromberg commented the City did not have the resources nor was it the City’s role to be a major provider of human services.  However, the City established the law and it was appropriate to focus on the consequences of the law and be a catalyst. 

 

Councilor Jackson/Chapman m/s to excuse Councilor Voisin from voting on the motion. DISCUSSION:  Councilor Voisin reiterated she would not vote on the motion because the City had not provided an alternative to the lifting the ban.  She supported maintaining the ordinance and the ban on camping.  Councilor Silbiger would vote against the motion and explained it was a Councilor’s duty to vote.  The only reasons not to vote were either a statement of bias or conflict of interest.  This was not a legitimate argument for not voting.  Roll Call Vote: Councilor Navickas, YES.  Councilor Lemhouse, Jackson, Chapman and Silbiger, NO. Councilor Voisin did not vote. Motion failed 1-4.

 

CONTINUED DISCUSSION ON MAIN MOTION: Councilor Navickas explained the homeless issue had been a Council Goal for two years and needed to be addressed.  He strongly encouraged Council to make homelessness a priority.  Roll Call Vote: Councilor Navickas, YES; Councilor Lemhouse, Jackson, Voisin, Chapman, and Silbiger, NO. Motion failed 1-5.

 

Councilor Voisin/Navickas m/s the Council add a Homeless Study Session to each meeting in January from 6:00 p.m. – 7:00 p.m. because of the complexity of the issue, the urgency of the issue and the fact it is a goal of Council.  DISCUSSION:  Councilor Voisin explained the issue was complex and the Study Session on January 31, 2011 would not allow enough time for discussion.  Councilor Lemhouse thought the short notice would be burdensome for staff.  Mayor Stromberg agreed with Councilor Lemhouse and supported a meeting on January 18, 2011.  Councilor Jackson suggested adding the topic to the regular agenda.  Roll Call Vote: Councilor Voisin and Navickas, YES; Councilor Lemhouse, Chapman, Silbiger and Jackson, NO. Motion failed 2-4.

 

NEW AND MISCELLANEOUS BUSINESS

1.   Shall the Mayor and Council approve the annual appointments for the vacant positions on the Citizen Budget Committee with tern ending December 31, 2013?

City Recorder Barbara Christensen explained the voting process. Councilor Navickas encouraged Council not to reappoint Lynn Thompson because of her affiliation with the League of Ashland Voters who he felt had targeted him in an unethical manner during the 2010 election. 

 

Councilor Silbiger/Chapman m/s to approve Chuck Kiel, Doug Gentry and Lynn Thompson to the Citizen Budget Committee with a term ending December 31, 2013. Voice Vote: all AYES. Motion passed.

 

ORDINANCES, RESOLUTIONS AND CONTRACTS

1.   Will Council approve Second Reading of an ordinance titled, "An Ordinance Relating to Reimbursement Districts and Adding Chapter 13.30"?

Interim City Attorney Megan Thornton read changes that included 13.30.030 Public Hearing (A): “Within a reasonable time after the City Engineer has completed the report required in 13.30.020, the City Council shall hold an informational public hearing in which persons impacted by the creation of the Reimbursement District shall be given the opportunity to comment thereon.”  Another change to the last sentence under 13.30.035 City Council Action read:  “If a reimbursement district is established it shall be deemed formed as of the date the Council adopts the resolution referred to in 13.30.030 above.”

 

The final change was to the first sentence under 13.30.055 Recording the Resolution:  “The City Recorder shall cause notice of the formation and nature of the Reimbursement District to be filed in the office of the Jackson County Recorder in order to provide notice to potential purchasers of property within the district of its existence.”

 

Ms. Thornton went on to read the ordinance title aloud.

 

Councilor Lemhouse/Navickas m/s to approve Ordinance #3042.  Roll Call Vote: Councilor Silbiger, Voisin, Chapman, Lemhouse, Navickas, and Jackson, YES. Motion passed.

 

2.   Will Council approve Second Reading of an ordinance titled, “An Ordinance Relating to Adopting New Building And Structural Codes, Amending AMC Chapter 15 Building Codes, and Repealing AMC 15.04.180, 15.08.020, 15.08.040, 15.08.050, 15.08.060, 15.08.070, 15.16.020 Through 15.16.220, 15.16.250 Through 15.16.320, AND 15.16.360 Through 15.16.370 ”?

Interim City Attorney Megan Thornton read number changes to the Oregon Administrative Rules in 15.04.010 Code Adoption (A) 1-5.  Ms. Thornton referred to 15.08.060 Permit Requirements for Moved Buildings (B) (C) and (D) and explained it was new information the Council had not discussed and might want to remove from the ordinance for further discussion at another meeting.

 

Councilor Jackson/Lemhouse m/s to amend the ordinance and remove sections 15.08.060 (B), (C) and (D).  Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman, YES.  Motion passed.

 

Councilor Jackson/Chapman m/s to approve Ordinance #3043 as amended.  Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman, YES.  Motion passed.

                 

OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 

1.   Will Council approve the Mayor’s Signature on a letter to Senator Merkley regarding support for performance based planning?

Mayor Stromberg moved the item to the January 18, 2011 meeting with Council consent.  Councilor Jackson had issues with the third paragraph in the letter starting “For decades the federal government…”  and thought the letter should go to  Senator Wyden and Representative Walden in addition to Senator Merkley.  Councilor Chapman thought interested parties should draft their own letter instead of using a generic one.

 

Councilor Lemhouse thanked Councilor Jackson and Councilor Navickas for their service to the Council and the community.  

 

 

ADJOURNMENT

Meeting was adjourned at 8:40

 

Barbara Christensen, City Recorder
John Stromberg, Mayor          

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