HomeMy WebLinkAbout2014-0804 Study Session PACKET
CITY OF
ASHLAND
CITY COUNCIL STUDY SESSION
AGENDA
Monday, August 4, 2014
Siskiyou Room, 51 Winburn Way
5: 30 p.m. Study Session
1. Look Ahead review
2. Divestment Project - Southern Oregon Climate Action Now
3. Discussion of making holders of security interests in abandoned properties
responsible for nuisance abatement
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 1).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9. STARTING APRIL 15, 2014,
CHARTER CABLE WILL BROADCAST MEETINGS ON CHANNEL 180 OR 181.
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
City of Ashland Council Meeting Look Ahead
*****THIS IS A DRAFT AND SUBJECT TO CHANGE*****
Departments Responsible 1 Continuation of Goal Setting, as requested at 6/2 study session Admin SS
(Dave)
2 Discussion of 10- r capital plan for Electric Mark Electric SS
8/18 Exacufte Se"lon 8118
3 For exempt public records and legal counsel, pursuant to ORS Legal EXEC
192.660 2 and h Dave L.
8/19 Regular Council Meeting 8/1s
4 Annual presentation from the Conservation Comm. Adam Admin PRES
s Annual renewal of liquor licenses Barbara Recorder CONS
6 Approval of an employment contract with Michael Black Tina HR CONS
7 Supplemental Bud et Lee Finance NEW
6 A roval of Parks MOU Dave/Don Admin Parks NEW
9 Unified Land Use Ordinance update (Bill) Planning PH ORD-2
ORD-1
10 Resolution settin mari'uana tax rates Dave K. Admin RES
912 Regular Council Meeting 912
11 Unified Land Use Ordinance update Bill Planning ORD-2
12 Ordinance regarding film & video olic Ann Admin ORD-1 ORD-2
"16A M
13 Conservation Commission sustainabili plan (Adam) Admin SS
9/16 Regular Council Alestin 9/16
14 Annual presentation from the Airport Commission (Scott) PW PRES
15 Downtown Beautification Committee recommendations Admin NEW
Ann/Dave K.
16 Ordinance re ardin film & video olic Ann Admin ORD-z
17 AFN business plan Mark Electric/IT ss
1017 Regular Councll Meeting 10/7
r,~- 777
-rh
18 Discussion regarding Bee City, USA proposal Dave K. Admin SS
10/21 Regular Council Meeting 10121
19 Annual presentation from the Public Art Commission Ann Admin PRES
i 1fb
AM-
11/4 R lar Council Meeting 11/4
Page 1 of 2 7/31/2014
City of Ashland Council Meeting Look Ahead
*****THIS IS A DRAFT AND SUBJECT TO CHANGE*****
Departments GOAL Ss cc Ss cc Ss cc ss cc ss cc ss cc ss CC
Responsible 818 8/18 8/19 9/1 9/2 9115 9116 1016 10/7 10120 10121 11/3 11/4 11/17 11/18
11118 Regular Council Meeting
20 Annual presentation by Housing and Human Services CD PRIES
Commission Bill
Commission PresentatLon Dotes - 1
February 18 - Transportation Commission
March 18 - Tree Commission
April 15 - Historic Commission
May 20 - FireWise Commission
June 3 - Band Board
Jul 15 - Forest Lands Commission
August 19 - Conservation Commission
September 16 - Airport Commission
October 21 - Public Arts Commission
November 18 - Housing and Human Services Commission
December 16 - Planning Commission
Discussion of self-insurance plan
Resolution declaring fountain surplus property
Page 2 of 2 7/3112014
CITY OF.
ASHLAND
Council Communication
August 4, 2014, Study Session
Divestment Project - Southern Oregon Climate Action Now
FROM:
Barbara Christensen, City Recorder, christeb@ashland.or.us
SUMMARY
This item was brought forward during Public Forum of the June 17 Council meeting by individuals
representing Southern Oregon Climate Action Now (SOCAN).
It was placed on the agenda of June 17 by Councilor Voisin in order for council to have discussion
which is the normal process when a subject is brought up under Public Forum.
It is before the Council in this manner because of time restraints at June 17 meeting and it was unclear
how to actually place this back on the agenda in the manner it was meant for that evening.
BACKGROUND AND POLICY IMPLICATIONS:
SOCAN has provided a Resolution for the Council to consider adopting a Regular Council meeting.
STAFF RECOMMENDATION
Staff has concerns with the language of the Resolution and impact of not having the ability to invest in
the State Local Government Pool.
ATTACHMENTS:
SOCAN Resolution
Page 1 of 1
pr,
A Resolution of the City Council of the City of Ashland
RECITALS:
A. On May 15, 1990Ashland City Council endorsed the Valdez Principles. These state that "by
endorsing these Principles, we publicly affirm our belief that the City of Ashland, Oregon,
has a direct responsibility for the environment. We believe that we must conduct the public's
business as responsible stewards of the environment and seek goals only in a manner that
leaves the Earth healthy and safe. We believe that the City must not compromise the ability
of future generations to sustain their needs."
B. In 2013 the Intergovernmental Panel on Climate Change (IPCC) Fifth Assessment Report
found that human influence has been detected in warming of the atmosphere and the ocean,
in changes in the global water cycle, in reductions in snow and ice, in global mean sea level
rise, and in changes in some climate extremes. Additionally, it is extremely likely that human
influence has been the dominant cause of the observed warming since the mid-20th century.
C. In 2009, through the Copenhagen Accord, all governments in the world that were represented
agreed that any warming above a 2°C (3.6°F) rise would be unsafe, and that humans can only
pour about 565 more gigatons of carbon dioxide into the atmosphere to maintain this limit.
D. In 2009 the "Unburnablc Carbon" report in the Carbon Tracker Initiative reported that fossil
fuel companies possess known fossil fuel reserves that would release approximately 2,795
gigatons of C02 if they are burned. This is five times the amount that can be released without
exceeding the 2°C limit of warming identified at Copenhagen.
E. In 2013, the World Bank Report, "Turn Down the Heat: Climate Extremes, Regional
Impacts, and the Case for Resilience" endorsed the conclusion of the Copenhagen Accord
and further stated that rising global' temperatures increasingly threaten the health and
livelihoods of vulnerable populations.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
Section 1. Oregon Short Term Investment Board
The City of Ashland urges the board to:
1. review the LGIP investment portfolio to identify any holdings that include direct or
indirect investments in fossil fuel companies.
2. immediately cease any new investments in fossil fuel companies or in commingled assets
that include holdings in fossil fuel companies.
3. identify any investments in commingled funds that include fossil fuel companies and
contact the fund managers to request that the fossil fuel companies be removed from the
funds.
4. within 5 years insure that none of its directly held or commingled assets include holdings
in fossil fuel public equities and corporate bonds as determined by the Carbon Tracker
list.
5. prepare a report and options for investing the fund in a way that further maximizes
the positive social impact of the fund by seeking investments opportunities that either
Draft edited 4/23/2014 by SOCAN Divestment Project
limit the effects of burning fossil fuels or contribute to mitigating such effects in ways
that include, but are not limited to, clean technology & renewable energy, sustainable
companies or projects, and sustainable communities. We further urge that investment
policies be developed and enacted that support local projects and local jobs; and, finally,
request that a timeline be developed for implementing the findings of said report in a
manner consistent with the City of Ashland's fiduciary duty and the Valdez Principles.
6. release quarterly updates, available to the public, detailing progress made towards full
divestment.
Section 2. Retirement Board of the Oregon PERS
The City of Ashland urges the board to:
1. review the PERS investment portfolio to identify any holdings that include direct or
indirect investments in fossil fuel companies.
2. immediately cease any new investments in fossil fuel companies or in commingled assets
that include holdings in fossil fuel companies.
3. identify any investments in commingled funds that includefossil fuel companies and
contact the fund managers to request that the fossil fuel companies be removed from the
funds.
4. within 5 years insure that none of its directly held or commingled assets include holdings
in fossil fuel public equities and corporate bonds as determined by the Carbon Tracker
list.
5. prepare a report and options for investing the pension fund in a way that further
maximizes the positive social impact of the fund by seeking investment opportunities
that either limit the effects of burning fossil fuels or contribute to mitigating such effects
in ways that include, but are not limited to, clean technology & renewable energy,
sustainable companies or projects, and sustainable communities. We further urge that
investment policies be developed and enacted that support local projects and local jobs;
and, finally request that a timeline be developed for implementing the findings of said
report in a manner` consistent with the City of Ashland's fiduciary duty and the Valdez
Principles.
6. release quarterly updates, available to the public, detailing progress made towards full
divestment.
Section 3. Ted Wheeler, Oregon State Treasurer
The City of Ashland urges the Oregon State Treasurer to:
1. oversee a review the state's investment portfolio to identify any holdings that include
direct or indirect investments in fossil fuel companies.
2. manage the investment of state funds in a way that any new investments in fossil fuel
companies or in commingled assets that include holdings in fossil fuel companies are
ceased.
3. oversee the identification of investments in commingled funds that include fossil fuel
companies, and support contacting the fund managers to request that the fossil fuel
companies be removed from the funds.
Draft edited 4/23/2014 by SOCAN Divestment Project
4. within 5 years support the review to insure that none of the state's directly held or
commingled assets include holdings in fossil fuel public equities and corporate bonds as
determined by the Carbon Tracker list.
5. oversee preparation of a report and options for investing the pension fund in a way that
further maximizes the positive impact of the fund by seeking investment opportunities
that either limit the effects of burning fossil fuels or contribute to mitigating such effects
in ways that include, but are not limited to, clean technology & renewable energy,
sustainable companies or projects, and sustainable communities. We further urge that
investment policies be developed and enacted that support local projects and local jobs;
and finally request that a timeline be developed for implementing the findings of said
report in a manner consistent with the City of Ashland's fiduciary duty and the Valdez
Principles.
6. support the release of quarterly updates, available to the public, detailing progress made
towards full divestment.
Draft edited 4/23/2014 by SOCAN Divestment Project
CITY OF
-ASHLAND
Council Communication
August 4, 2014, Study Session
Discussion of Making Holders of Security Interests
in Abandoned Properties Responsible for Nuisance Abatement
FROM:
David H. Lohman, Ashland City Attorney, lohmand@ashland.or.us
SUMMARY
This is a discussion item to gauge Council's interest in possible ordinance revisions to make holders of
security interests in abandoned properties responsible for nuisance abatement. Additions to definitions
already provided in three existing chapters of the Ashland Municipal Code would effect that result. A
draft ordinance amending those chapters' definitions sections is attached.
BACKGROUND AND POLICY IMPLICATIONS:
Ashland has lately been experiencing a marked increase in the number of nuisance claims requiring
abatement on properties with respect to which the owners cannot be located and the owners' creditors
do not take maintenance responsibility despite their security interests in the properties. In typical
cases, a property owner who owes a lender more than the property could sell for simply abandons the
property and stops making payments to the lender. Despite its security interest in the property, the
lender then puts off foreclosure for one reason or another (sometimes waiting for a more favorable
sellers' market) and takes no responsibility for upkeep of the property in the meantime. Often,
mortgage insurance, which the lender required the owner to obtain as a condition of the loan, provides
continued monthly payments to the lender. Receipt of monthly payments from the mortgage insurer
effectively reduces the lender's incentive to undertake foreclosure to get the property into the care of a
new owner or to assume any responsibility itself for care of the property. Where such lack of
maintenance has led to significant risks to public safety and welfare, the City has sometimes
undertaken abatement measures at the expense of City taxpayers; sometimes the City has been unable
to do so for lack of resources.
Abandoned properties not only breed risks of fire, vermin, occupation by squatters, and injury to
trespassers; they also undermine the desirability of neighborhoods and the property values of nearby
homes.
Arguably, those who do or ultimately will receive compensation for their ownership interests or
security interests in abandoned properties (or who knowingly acquired such interests in expectation of
compensation) should bear the costs of any necessary abatement measures.
FISCAL IMPLICATIONS:
Apart from possibly having to defend a lawsuit of first impression over this novel municipal response
to abandoned properties, there are no fiscal implications.
Page 1 of 2PFAa
CITY OF
ASHLAND
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff seeks Council input on whether to schedule consideration of adoption of an ordinance on
abatement of nuisances on abandoned properties and on possible changes to the attached draft
ordinance.
SUGGESTED MOTION:
N/A.
ATTACHMENTS:
Draft ordinance titled "An Ordinance Amending the Definitions to AMC Chapters 1.04 General
Provisions, 9.04 Weed Abatement and 9.08 Nuisances."
Page 2 of 2
IL,
ORDINANCE NO.
AN ORDINANCE AMENDING THE DEFINITIONS TO AMC
CHAPTERS 1.04 GENERAL PROVISIONS, 9.04 WEED
ABATEMENT AND 9.08 NUISANCES
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, The City has been experiencing a marked increase in the number of nuisance
claims requiring abatement on properties with respect to which the owners cannot be located and
the owners' creditors do not take maintenance responsibility despite their security interests in the
properties.
WHEREAS, Persons or entities which have ownership interests or security interests in property
within the City, and which ultimately may receive compensation for sale of those interests,
should bear the responsibility for removing unreasonable threats to public safety and welfare
occasioned by their failure to maintain such property.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 1.04 General Provisions, Section 1.04.010 Definitions (L) is hereby
amended to read as follows:
Section 1.04.010 General Provisions. Definitions.
L. Owner, applied to a building or land, includes any part owner, joint owner, tenant in common,
joint tenant or tenant by the entirety, of the whole or a part of such building or land. In the case
of property subiect to foreclosure as a result of bankruptcy or default of the legal owner,
the City may deem the "Owner" to be the person, other than the legal owner, who has a
primary lien, security, or mortgage interest in possession or control of the property or who
is the deed of trust beneficiary of the property.
Ordinance No. Page 1 of 3
SECTION 2. Chapter 9.04 Weeds and NoxiousVegetation, Section 9.04.005 Definitions (E) is
hereby amended to read as follows:
Section 9.04.005 Definitions.
E. Owner: owner of real property, agent of the owner, and/or occupant of any lot or parcel of
land. In the case of property subject to foreclosure as a result of bankruptcy or default of
the legal owner, the City may deem the "Owner" to be the person, other than the legal
owner, who has a primary lien, security, or mortgage interest in possession or control of the
property or who is the deed of trust beneficiary of the property.
SECTION 3. Chapter 9.08 Nuisances, Section 9.08.010 Definitions (G) is hereby amended to
read as follows:
Section 9.08.010 Definitions.
G. Person in Charge of Property means an agent, occupant, lessee, contract purchaser, or person,
other than the owner, having possession or control of the property. In the case of property
subject to foreclosure as a result of bankruptcy or default of the legal owner, the City may
deem the "Person in Charge of Property" to be the person, other than the legal owner, who
has a primary lien, security, or mortgage interest in possession or control of the property
or who is the deed of trust beneficiary of the property.
SECTION 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinances(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 5. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered or re-lettered, provided however, that any
Whereas clauses and boilerplate provisions (i.e., Sections Nos. 4-6) need not be codified, and the
City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 12014,
and duly PASSED and ADOPTED this day of , 2014.
Barbara M. Christensen, City Recorder
Ordinance No. Page 2 of 3
SIGNED and APPROVED this day of , 2014.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 3 of 3