HomeMy WebLinkAbout2018-01-02 Council Meeting
CITY OF
Memo ASHLAND
TO: Mayor Stromberg and Ashland City Council
FROM: Diana Shiplet
DATE: December 28, 2017
RE: January 2 Meeting Preface
Study Session of January 1, 2017
No Study Session due to New Year's Day Holiday!
Executive Session of January 2, 2018
An executive session will start at 6:45 p.m. in the Jury Room. The topic discussed will
be real property transaction.
Business Meeting of January 2, 2018
ELECTION OF COUNCIL CHAIR
CONSENT AGENDA
None
PUBLIC HEARINGS
None
UNFINISHED BUSINESS
1. Police Funding. In March the Council authorized the hiring of five new Police Officers
and has been working to find a sustainable funding source. Funding has been
identified for two of the new Police Officers. The extended hiring process provides
resources for four Police Officers in year one of the biennium. A funding source will
need to be identified for the second year of the biennium.
The Police Department remains committed to increasing the patrol strength from a
Sergeant and three Officers to a Sergeant and four Officers. The Police Department
has reassigned a Police Officer position from the regional task force to patrol. In
order to increase the staffing levels, the Police Department would need only three
Pagel of 2
ADMINISTRATION Tel: 541-488-6002
20 East Main Street Fax: 541-488-5311 VIA
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
CITY COUNCIL STUDY SESSION
DRAFT MINUTES
Monday, December 18, 2017
Council Chambers, 1175 E. Main Street
Mayor Stromberg called the Study Session to order at 5:30 p.m.
Councilor Slattery, Councilor Morris, Councilor Seffinger and Councilor Darrow were
present.
Councilor Lemhouse and Councilor Rosenthal were absent.
L Public Input (15 minutes, maximum)
Brian Comnes -444 Parkridge Pl., Ashland -Spoke regarding the 10x20. He spoke that there
needs to be move research on the location. He recommended sending this back to Staff for re-
work.
Tom Marvin -245 Timberlake Dr., Ashland-Spoke regarding the 10x20. He suggested moving
ahead with an RFP.
Cara Cruickshank-1193 Ashland Rd., Ashland - Spoke regarding the 10x20. Spoke in concern
with the packet not being totally complete. Suggested to get the RFP going and to start the
project sooner than later.
Huelz Gutcheon- 2253 HWY 99, Ashland - Spoke regarding the automotive industry. He
explained that in 2030 80% of personnel cars will be electric. Spoke that the 10x20 project is a
great start and suggested having the IOx20 in City limits.
II. Look Ahead review
Interim City Administrator, John Karns gave an overview of the Look Ahead.
Councilor Slattery spoke that ORHA is coming to give a report on a job match. Councilor
Slattery suggested for ORHA to give Council a report on strategic planning.
Councilor Slattery suggested to add AFN discussion on a Study Session or a Regular Council
Meeting. Mr. Karns explained it will be brought to Council early next year.
Mayor Stromberg suggested to add a Study Session regarding wildlife in Ashland during the first
quarter.
Councilor Slattery suggested to have a Study session on downtown beautification soon.
III. 10 by 20 Ordinance - Activity Update
Assistant to the Interim City Administrator, Adam Hanks and Interim Director of Electric, Tom
McBartlett gave an update on the 10x20 Ordinance.
Mr. Hanks explained that the site location has not been established.
Pacific Crest Consultant, Scott Lowring gave an overview of the Biological Assessment of
Imperatrice Property.
Mayor Stromberg questioned if there are any parts of the site that are unique which needs special
treatment. Mr. Lowering spoke that above the canal there are rare plant populations which holds
value.
Mr. Hanks went over the BPA Letter. Council discussed:
• Rates.
• Transmission costs.
• Off grid solar panels.
• Costs per household.
• Possibility of return of investment.
• Hydro power verses solar power.
Mr. Hanks went over the Matrix showing all alternatives that would not be subject to take or pay
surcharge.
It was suggested to create a study group to discuss the 10x20 and bring back to Council.
IV. Clarification of Council rules (continuation of discussion of November 20)
Due to time this item was tabled.
The Study Session was adjourned at 7:00 PM
Respectfully submitted by:
City Recorder, Melissa Huhtala
Attest:
Mayor Stromberg
Immediately following the study session Council will hold an executive session for real property
transaction, pursuant to ORS 190.660(2)(e)
111. 10 by 20 Ordinance - Activity Update
Assistant to the Interim City Administrator, Adam Hanks and Interim Director of Electric, Tom
McBartlett gave an update on the 10x20 Ordinance.
Mr. Hanks explained that the site location has not been established.
Pacific Crest Consultant, Scott Lowring gave an overview of the Biological Assessment of
Imperatrice Property.
Mayor Stromberg questioned if there are any parts of the site that are unique which needs special
treatment. Mr. Lowering spoke that above the canal there are rare plant populations which holds
value.
Mr. Hanks went over the BPA Letter. Council discussed:
• Rates.
• Transmission costs.
• Off grid solar panels.
• Costs per household.
• Possibility of return of investment.
• Hydro power verses solar power.
Mr. Hanks went over the Matrix showing all alternatives that would not be subject to take or pay
surcharge.
It was suggested to create a study group to discuss the 10x20 and bring back to Council.
IV. Clarification of Council rules (continuation of discussion of November 20)
Due to time this item was tabled.
The Study Session was adjourned at 7:00 PM
Respectfully submitted by:
~w
City Recorder, Melissa Huhtala
Attest:
Mayor tr mberg
Immediately following the study session Council will hold an executive session for real property
transaction, pursuant to ORS 190.660(2)(e)
DRAFT MINUTES REGULAR COUNCIL MEETING
ASHLAND CITY COUNCIL
December 19, 2017
Council Chambers
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.]
Mayor Stromberg called the meeting to order at 7:05 p.m. Regular Meeting
1. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
Councilor Darrow, Councilor Lemhouse, Councilor Morris and Councilor Slattery were
present. Councilor Rosenthal and Councilor Seffinger were absent.
IV. MAYOR'S ANNOUNCEMENTS
Councilor Darrow moved to postpone Item XI "Police Funding" to the next Council
Meeting when there is a full Council in attendance. Councilor Slattery seconded.
Discussion: Councilor Darrow explained the importance of this topic and for all of Council
to be present. Councilor Slattery agreed. All ayes. Motion passed unanimously.
V. APPROVAL OF MINUTES
1. Study Session of December 4, 2017
2. Business Meeting of December 5, 2017
Councilor Lemhouse moved to approve the minutes. Councilor Darrow seconded.
Discussion: None. All Ayes. Motion passed unanimously.
VI. SPECIAL PRESENTATIONS & AWARDS
None
VII. 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]
VIII. MINUTES OF BOARDS, COMMISSIONS, AND COMMITTEES
Airport Conservation Forest Lands
Historic Housing and Human Srvs. Parks & Recreation
Planninz Public Arts Transportation
Tree Wildfire Mitigation
IX. CONSENT AGENDA
1. Approval of a change order in excess of 25% for Butler Bandshell improvement and
repair
Councilor Slattery pulled Item 1.
Public Works Project Manager, Kaylea Kathol gave a Staff report. She explained that the
change order was in excess of 25% of the original project cost and the reasons why.
2. Liquor license application for Hiro Ramen
3. Liquor license application for J's Bistro on A
Councilor Slattery moved to approve the Consent Agenda. Councilor Lemhouse seconded.
Discussion: None. All Ayes. Motion passed unanimously.
X. 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.)
1. Public hearing and approval of a resolution titled, "A resolution adopting a
supplemental budget for changes to the 2017/19 biennial budget"
Finance Director, Mark Welch gave a Staff report.
Mayor Stromberg opened the Public Hearing at 7:23 PM
Public Input:
None.
Mayor Stromberg closed the Public Hearing at 7:23 PM
Councilor Darrow moved to adopt a Resolution authorizing a 2017/19 supplemental
budget. Councilor Lemhouse seconded. Discussion: Councilor Darrow thanked Staff.
Roll Call Vote: Councilor Darrow, Councilor Lemhouse, Councilor Morris and Councilor
Slattery: YES. Motion passed unanimously.
XI. UNFINISHED BUSINESS
1. Police funding
This item was postponed to the next Council Meeting; Tuesday, January 2"d.
XII. NEW AND MISCELLANEOUS BUSINESS
1. Budget Process Ad-Hoc Committee Report
Mr. Welch gave a Staff Report. He spoke that the process will be made available to the public
on the City website.
Council discussed the calendar.
City Attorney, Dave Lohman explained that if the motion is passed it is accepting the
recommendations not adopting them. He spoke that Council would not be bound by these
suggested calendar dates but the motion would be a good faith commitment to keep the dates.
Councilor Slattery moved to accept the recommendations of the Budget Process Ad-Hoc
Committee as presented. Councilor Lemhouse seconded. Discussion: Councilor Darrow
spoke that the process the Ad-Hoc committee laid out is going to be great. She spoke this
process will be great in being more transparent and provide education. All Ayes. Motion
passes unanimously.
XIII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Second reading, by title only, of two ordinances titled, "An ordinance amending
AMC 2.08.020 to remove some responsibilities from Recorder's function," and,
"An ordinance amending AMC 2.28.130 to add responsibilities to Finance
Department functions"
Mr. Welch gave Staff Report. Mr. Lohman spoke that the Investment Policy will be brought to
Council at the next meeting.
Councilor Morris to approve the second reading by title only of an ordinance titled, An
Ordinance Amending AMC 2.08.020 to Remove Some Responsibilities from Recorder's
Function," and an ordinance titled, "An Ordinance Amending AMC 2.28.130 to Add
Responsibilities to Finance Department Functions. Councilor Darrow seconded.
Discussion: None. Roll Call Vote: Councilor Slattery, Councilor Morris, Councilor
Lemhouse and Councilor Darrow: YES. Motion passed unanimously.
2. Second reading, by title only, of an ordinance titled, "An ordinance amending AMC
4.38 to conform with the Oregon Department of Revenue assessing and collecting
marijuana tax, interest and penalties"
Councilor Darrow moved to approve the second reading, by title only, An ordinance
amending AMC 4.38 to conform with the Oregon Department of Revenue assessing and
collecting marijuana tax, interest and penalties. Councilor Lemhouse seconded.
Discussion: None. Roll Call Vote: Councilor Slattery, Councilor Morris, Councilor
Lemhouse and Councilor Darrow: YES. Motion passed unanimously.
i
i
3. Approval of a resolution titled, "A resolution amending the Renewable Resource
Purchase Policy"
Assistant to the Interim City Administrator, Adam Hanks gave a Staff report. He went over the
amendments in the Resolution.
Councilor Darrow moved to approve a Resolution updating the Electric Utility Renewable
Resource Purchase Policy. Councilor Morris seconded. Discussion: Councilor Darrow
thanked Staff. Roll Call Vote: Councilor Slattery, Councilor Morris, Councilor Lemhouse
and Councilor Darrow: YES. Motion passed unanimously.
XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
Councilor Darrow spoke that the Ashland Emergency Food Bank provided approximately 250
turkey dinner boxes at Thanksgiving for local families and will be doing the same for Christmas.
She announced that the boxes will be given on Friday from 9:30 AM - 12:30 PM.
Councilor Lemhouse announced that the Public Works Capital Improvement Plan "Storybook" is
now available on the City website. He also thanked Staff for the work on this.
XV. ADJOURNMENT OF BUSINESS MEETING
The Business Meeting adjourned at 7:50 PM
Respectfully submitted by:
City Recorder, Melissa Huhtala
Attest:
Mayor Stromberg
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
Assistant to the Interim City Administrator, Adam I Tanks gave a Staff report. He went over the
amendments in the Resolution.
Councilor Darrow moved to approve a Resolution updating the Electric Utility Renewable
Resource Purchase Policy. Councilor Morris seconded. Discussion: Councilor Darrow
thanked Staff. Roll Call Vote: Councilor Slattery, Councilor Morris, Councilor Lemhouse
and Councilor Darrow: YES. Motion passed unanimously.
XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
Councilor Darrow spoke that the Ashland Emergency Food Bank provided approximately 250
turkey dinner boxes at Thanksgiving for local families and will be doing the same for Christmas.
She announced that the boxes will be given on Friday from 9:30 AM - 12:30 PM.
Councilor Lemhouse announced that the Public Works Capital Improvement Plan "Storybook'' is
now available on the City website. I le also thanked Staff for the work on this.
XV. ADJOURNMENT OF BUSINESS MEETING
The Business Meeting adjourned at 7:50 PM
i
Respectfully submitted by:
City Recorder, Melissa Huhtala
Attest:
ay r Stromb rg
In compliance with the Americans with Disabilities Act, ifyou 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).
i
ADA Title I).
~I
PROCLAMATION
"32ND ANNUAL CHRISTMAS TREE RECYCLE DAY"
• Solid waste disposal and a dwindling capacity in our landfills is a critical
➢ national problem.
°o • Garden waste contributes a significant volume in our landfills.
• Troop 112 of the Boy Scouts of America, with assistance from the Ashland
Parks Department, pick up and chipped Christmas trees in the City of Ashland.
➢ • Q • The chipped material was used on park trails and as mulch for plants and did )
not enter the "waste stream." b k
➢ Q~{ • The Ashland Lions Club supports this effort by donating volunteer power and t
equipment to transport the pick-up crews.
D, ~s
NOW THEREFORE, the City Council and Mayor, on behalf of the citizens of
➢ Ashland, hereby proclaim Saturday, January 6, 2018 as:
iCD
"CHRISTMAS TREE-CYCLE
O ➢ Q DAYINASHLAND
and hereby urge all citizens to set out their tree near the curb on Friday, January 5th
➢ to be picked up on Saturday, January 6th, and to consider making a donation to
assist the Troop in their community service activities.
Dated this 2nd day of January, 2018
°
➢ John Stromberg, Mayor
_ "1 .~~.JOno
➢ Melissa Huhtala, City Recorder ➢ ° Q
Day I
d ll ~ ~ ~ G by d a ~ ° d ~ hy'° ~ ~S °a d ~ by vJ ~ d1v do
Council Business Meeting
2011
January 2, Title: Police Funding
From: Mark Welch Director of Administrative Services
mark.welch@ashland.or.us
Summary
In March the Council authorized the hiring of five new Police Officers and has been working to
find a sustainable funding source. Funding has been identified for two of the new Police
Officers. The extended hiring process provides resources for four Police Officers in year one of
the biennium. A funding source will need to be identified for the second year of the biennium.
The Police Department remains committed to increasing the patrol strength from a Sergeant and
three Officers to a Sergeant and four Officers. The Police Department has reassigned a Police
Officer position from the regional task force to patrol. In order to increase the staffing levels, the
Police Department would need only three additional officers (two previously funded). The other
positions would be to re-engage the School Resource Position (with summer time patrol).
There are several questions that staff needs directions:
1. Does Council still want to hire the additional two Police Officers?
2. Does Council wish to raise additional Revenue for the Police Officers?
3. Does Council want to staff to reduce current expenditures and bring back potential
reductions at a future Council Meeting?
Resource Requirements:
A new Police Officer costs about $110,000 per year. The cost of the two new Police Officers
would be $220,000 per year, or $440,000 for the biennium. The City has resources for the first
year of the biennium but require a funding source for the second year and long term.
Sul4gested Next Steps:
Staff is seeking direction on the next steps to fund the two currently authorized unfunded Police
Officer Positions.
Policies, Plans and Goals Supported:
24.2 Decrease tracked quality of life calls in the downtown area
24.3 Continue clearance rate of at least 30 % for all crimes in the city-wide
24.4 Maintain and reduce crime rates city-wide
24.6 Monitor and evaluate SRO program to ensure it is meeting the needs of the school district
and the city
24.7 Review, report on, and seek continuous improvement where possible on response to
times to calls for service
Page I of 3 CITY OF
-ASHLAND
Backl4round and Additional Information:
The Council authorized the hiring of five new Police Officers in March. The authorization
started the recruitment process with the intent to develop funding mechanism at a later meeting
date.
The five new Police Officers would increase the staffing level of each shift by one Police Officer
and an additional Police Officer to serve as the School Resource Officer. The increased Police
staffing has been discussed at length. For more background on the need for increased staffing
please see the April 4th Council Communication.
The Police Department has re-evaluated their staffing options and reassigned one Police Officer
from being engaged with regional partnership to patrol. With this change in staffing deployment,
the Police Department requests only four additional Police Officer to accomplish the goal of
increased patrol strength and the school resource program.
On June 20th the Council voted to increase the Property Tax rate 4.5 cents per $1,000 of assessed
valuation to fund one Police Officer. In July the Council passed a resolution to create a Public
Safety Support Fee of 50 cents, along with the State Marijuana Tax receipts, to fund another
officer.
On October 16th the Council held a Work Session to review all potential General Fund revenue
sources. At that time more information on each option was requested for a later meeting. Staff
has researched each option more closely.
Transient Occupancy Tax Increase: The 1 %TOT increase would fund an additional Police
Officer. The current rate of 9% is similar to other municipalities in the area and state. A 1%
increase would place Ashland slightly above the average rate of 9% but below Portland's
combined rate and Bend's 10.4%. TOT law requires that 5% remain with the provider to
administer the program. The remaining amount must be split 70% for tourism promotion or
infrastructure with 30% unrestricted. If a TOT increase was adopted, staff is recommending that
the 70% restricted be set aside for Parking Supply projects in the future, or implementation of
components of the Parking Management Plan. If Council prefers the TOT increase, staff is
recommending that a discussion with the Chamber of Commerce, Visitor and Convention Board,
Bed and Breakfast Network and OSF be held prior to adoption in February.
Public Safety Support Fee Increase: The City currently funds a Police Officer partially from a
$0.50 per month Public Safety Support Fee along with State Marijuana Tax revenue. An increase
of $1 per month on electric meters would fund an additional Police Officer. If Council was to
adopt the Public Safety Support Fee increase, staff recommends that it be tied to our Property
Tax collections. Staff proposes, that for any Property Tax collection above 1% of budget, that the
additional amount be used to offset the Police Officer Costs (thus lowering the Public Safety
Support Fee) and to increase the Reserve Fund for future PERS increase on a 50150 distribution.
Live Entertainment Ticket Tax: A potential surcharge on the ticket sales of large live
entertainment. It is estimated that a 1% tax would generate more than $200,000 per year, or
roughly 2 Police Officers. The large live entertainment venues benefit from improved Police
Page 2 of 3 CITY OF
ASHLAND
staffing downtown. The large venues provide a large economic impact for the City and staff
would recommend that if this tax was preferred that all impacted venues be involved in
discussions on how to mitigate potential decreased ticket sales.
FY 2018/19 Property Tax Increase: The increased property tax for FY 2017/18 funded one new
Police Officer. The property tax rate is currently below the maximum limit and a similar increase
for FY 2018/19 (beginning July 1, 2018) would fund another Police Officer.
Parking Meter Fees: The Council accepted the Parking Management Plan. A portion of the Plan
proposes implementing paid parking in the Downtown area. Staff analyzed the possibility of
implementing a paid parking lot program. The paid parking lots would generate around $75,000
a year and with the cost of infrastructure would net around $25,000. Staff recommends that we
do not implement a paid parking lot model at this time but continue working towards
implementation of the parking management plan in a proper and timely manner.
Local Gas Tax: Council did not provide support for further study of this option.
Expenditures:
The General Fund is limited in available expenditure reductions. The three main Departments
are; Police, Fire and Community Development. If Council provides direction that the two
additional Police Officers should be funded with reduction to General Fund expenditures, then
staff will develop a list of potential reductions for further discussion.
Current Recruitment Status
One new Police Officer has been hired and another will be hired before the end of December.
The Police Department has another potential Police Officer that has passed background and is
awaiting funding before final hire. The last Police Officers has been identified and in
background. If funding is identified at this meeting they can start within a month or two.
Recommendation for Discussion
There remain two authorized unfunded Police Officer positions. Staff has analyzed the current
budget and do not feel there is any way to cut current budgets to fund the new Police Officers
without impacting service levels. Staff has also analyzed all potential revenue options and want
to ensure that any new fees paid for by residents are warranted and at least means possible.
If Council still wishes to proceed with hiring the two unfunded Police Officers, staff is
recommending an increase to the Public Safety Support Fee by $2/month on electric meters. As
discussed earlier, the Public Safety Support Fee will be adjusted on a semi-annual basis
depending on Property Tax collection above budget.
Attachments:
None
Page 3of3 CITY OF
ASHLAND
Council Stud Session
December 18, i
Title: Clarification of Council Rules
Item Type: Presentation
Requested by Council? Yes
From: David Lohman City Attorney
david.lohman@ashland. or. us
Discussion Questions:
This agenda item is intended to be the next step in an extended conversation on clarifying and
modifying, if appropriate, mutual expectations about procedural rules for Council study sessions
and regular business meetings. Attachment A presents eight questions for discussion, three of
which were covered in some detail in the November 20, 2017 meeting. At this December 18
session, Questions #4 through #8 are slated for consideration. Attachment B lists twenty more
questions about meeting procedure for discussion in future study sessions, except that Questions
15 and 19 were already tentatively addressed November 20.
Resource Requirements:
N/A
Suggested Next Steps:
As time permits at upcoming study sessions - or at a future retreat Council will be asked to
address the additional questions in Attachment B, along with questions Councilors may wish to
add to the list. Once agreement is reached on clarifications or revisions to Council rules of
procedure, at future business meetings, staff will propose ordinance amendments needed to effect
those changes or, perhaps, simple written interpretations of some rules.
Policies, Plans and Goals Supported:
Council Goal 2: Promote effective citizen communication and engagement.
Background and Additional Information:
Robert's Rules of Order serve as the default reference for meeting procedure rules. Over time,
refinements or alternatives to Robert's Rules have been adopted to accommodate Ashland City
Council's particular needs and circumstances.
In 2014, the Council rules were updated again. Since then, more ambiguities, uncertainties, and
inconsistencies have surfaced and occasionally have become sources of confusion and even
frustration. This agenda item, and similar ones to follow, is intended to give the Council an
opportunity to identify problems with the current Council rules, reach agreement on
interpretation of them, and determine whether more changes are in order.
Page I of 2 CITY OF
ASHLAND
Based on issues and questions about Council rules that have arisen since 2014, staff has
identified 28 questions believed to be worthy of Council discussion for purposes of either
clarification or revision. Council may wish to add more items to the list, merge some, or strike
some off the list.
The questions are grouped into the following general topics: agendas; study sessions;
deliberation rules; suspension of Council rules; Councilmember requests for information from
staff, and miscellany.
Attachment A lists the first eight questions, which are about agendas and study sessions.
Attachment A also includes "Points and Authorities" intended as starting points for discussion
and, finally, possible alternative conclusions. Asterisked alternative conclusions are those the
City Attorney recommends, but not necessarily for legal reasons. For the most part, City
ordinances are the only legal constraints on the Council's decisions about these rules.
Council already responded to the first 3 questions in Attachment A, and staff s depictions of
those responses are set forth under those questions in Attachment A. It may be useful to begin
the discussion by confirming (or not) that staff s articulation of those responses are satisfactory.
With respect to Question #2, staff plans to propose a modification that seemingly would achieve
the same purposes while requiring less staff time and effort.
Attachment B lists the next 20 questions for possible discussion at future meetings or at a retreat
dedicated to discussing Council rules. Council already responded at the November 20 meeting
to Questions 15 and 19, and staffs depictions of those responses are presented under those
questions in Attachment B.
Attachments:
Attachment A: Eight Questions About Council Rules
Attachment B: Twenty Additional Questions About Council Rules
Page 2 of 2 CITY OF
-ASHLAND
ATTACHMENT A
EIGHT QUESTIONS ABOUT COUNCIL RULES
(Version 2)
AGENDAS
1. Question: Should contracts above a specified dollar amount be presented as individual matters
for Council decision, as opposed to being included on the Consent Agenda?
Council Response: On a trial basis, the City Administrator should place approval of any
contract/procurement in excess of $100,000 on the regular business agenda.
2. Question: Should minutes of City advisory bodies be included in the Council agenda packets,
along with a summary of which advisory bodies have met recently?
Council Response: Include on each Council agenda for information only a list of the advisory bodies
that have met since the previous Council business meeting and hyperlinks to the City webpage
through which minutes approved by the advisory bodies are available. The City Administrator
should require timely website posting of minutes after they have been approved. [Note: Staff
would like to revisit this decision in order to propose a modification that seemingly would achieve
the same purposes while requiring less staff time and effort.]
3. Question: During a Council meeting, under what circumstances should the scheduled order of a
meeting agenda be altered?
Council Response: Councilors and the Mayor agree to adhere to the regular order of meeting
agendas except in very rare circumstances and after approval by a majority of the Council. No
ordinance revision is necessary.
4. Question: During a Council meeting, how should a Councilor go about adding an item to the
agenda?
Response: During a meeting, a Councilor may move to add an item to the agenda for that meeting
(or a future meeting). In the normal order of business, a motion to add an item to an agenda should
be made at the time designated for "Other Business from Council Members." But the Mayor could
change the order of business so as to take up the motion to add the item earlier in the meeting. If
the motion to add an item to the current meeting's agenda receives a second, any debate, and
majority approval, the item normally would be placed in the "Other Business from Council
Members" section of the agenda. The Mayor, however, could decide to modify the order.
Points and Authorities:
a. AMC 2.04.030D says the following about agenda additions during a meeting, "A topic may
be added to the agenda by a majority vote of the Councilors present. Generally, these items
should be limited to items of timeliness or emergencies."
[1j
b. While the above admonition to limit last-minute agenda additions to unusual circumstances
is not a strict requirement, it serves as a reminder that under public meetings law the public
should get advance notice of topics to be addressed unless unexpectedly urgent action is
called for.
c. Concerning the notice requirement for public meetings, ORS 192.640(1) says, "The notice
shall include a list of the principal subjects anticipated to be considered at the meeting, but
this requirement shall not limit the ability of a governing body to consider additional
subjects."
d. The Attorney General's Public Meetings manual says, "the Public Meetings law does not
require that every proposed item of business be described in the [public] notice." Page 121.
e. After a citizen presents a matter to the Council during Public Forum, a Councilor may move
to place the item on the current meeting agenda (or a future agenda), subject to admonition
above to limit last-minute additions urgent matters.
f. Adding Council decision on an issue to the current meeting's agenda may catch citizens with
an interest in that issue by surprise, effectively depriving them of an opportunity for face-to-
face input to the Council.
Alternative Conclusions to Consider:
a. *Retain the current rules for adding an agenda item during a meeting.
b. Before considering the addition of an agenda item to a current meeting, require a successful
motion to adopt a finding justifying urgent action (analogous to requiring a declaration of
emergency before foregoing normal procedures).
5. Question: Outside of a meeting, how should a Councilor go about getting a matter added to an
upcoming meeting agenda?
Response: An individual Councilor can get matter added to a future Council meeting agenda by
making a timely written request to the City Administrator, unless the item requires more than two
hours of preparation by staff - in which case consent from a majority of the Council at a Council
meeting is required.
Points and Authorities:
a. For a matter to be added to the agenda for an upcoming meeting, the proposed addition is
to be delivered to the City Administrator no later than noon of the Wednesday preceding
the meeting. AMC 2.04.030B(1).
b. Unless the City Administrator determines the topic is not timely or the agenda for the
proposed meeting is already full, the City Administrator's response to the Councilor's
proposal must be to put the matter on the agenda as proposed, and make an initial
determination as to where in the Council agenda it is to appear. AMC 2.04.030A.
c. The Mayor may also defer the matter until a later meeting if the agenda of the target
meeting is already lengthy or if, in the Mayor's sole judgment, the matter is not time
sensitive. But in no case may the Mayor defer the item more than 3 months beyond the
date proposed by the Councilor submitting the item. AMC 2.04.030B(1).
d. Having made such a request, the requesting Councilmember is to submit to the City
Administrator any materials for Council consideration prior to finalization of the Council
packet. Id.
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e. Requiring a matter to be added to an agenda at the behest of just one Councilor may cause
the Council to spend time on a matter of little or no interest to other Council members.
f. It seems inconsistent to require consent of the Council majority if a Councilor wishes to add
an agenda item during a Council meeting while allowing a lone Councilor to add an agenda
item if the proposal is made outside of a Council meeting.
g. As noted in items 7 and 8 below, standard parliamentary procedures exist for removal from
the agenda of an item of little interest to other members.
Alternative Conclusions to Consider:
a. Continue the current rules for adding an agenda item outside of a meeting.
b. *For a Counselor to add an item to an upcoming agenda, require consent from at least at
least one additional Councilor.
6. Question: How should a citizen go about getting a matter added to a Council meeting agenda?
Response: A citizen should make the request to any Councilor or the Mayor or City Administrator or
to a City advisory board, commission, or committee or make the request as part of testimony during
Public Forum.
Points and Authorities:
a. Items can be placed on a Council meeting agenda not only by the procedures described in
questions 5 and 6 above, but also by the City Administrator, City Attorney, Mayor, and City
boards, commissions, and committees. AMC 2.04.030B(1).
b. If the purpose of the proposed item is to acknowledge special recognition and awards given
to the City or present proclamations which serve to encourage and educate the community,
a citizen can submit to the Mayor a written request include the item under the portion of
the business meeting agenda reserved for Special Presentations, Proclamations and Awards.
AMC 2.04.050C.
Alternative Conclusions to Consider:
a. *Retain the current means for an individual citizen to get a matter added to a Council
meeting agenda.
7. Question: How should a Councilor seek removal or postponement of a scheduled agenda item?
Response: Before or at the outset of consideration of a matter, a Councilor may "object to
consideration of the question." After consideration of a matter has begun, a Councilor may "move
to postpone the matter to a certain time" or "move to postpone the matter indefinitely." These are
efficient, respectful parliamentary mechanisms for deferring and agenda item which is believed to
be not yet ripe for consideration.
Points and Authorities:
a. A successful objection to consideration of a matter prevents its consideration for the rest of
the meeting. The objection may be made even while another person has the floor; must be
addressed to the Chair (unless it is the Chair who raises the objection); does not require a
second; is not debatable or amendable; and requires a "no" from at least two thirds of those
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voting in order to prevent consideration of the subject agenda item. AMC
2.04.040C(4)(b)(3).
b. A successful motion to postpone a matter defers its consideration to a particular future
meeting. The motion requires a second; is debatable and amendable; and passes upon a
majority vote in favor. AMC 2.04.040C(4)(j).
c. A successful motion to postpone a matter indefinitely prevents its consideration for at least
the rest of the meeting without identifying any future date for consideration. The motion
requires a second; is debatable but not amendable; and passes upon a majority vote in
favor. AMC 2.04.040C(4)(k).
Alternative Conclusions to Consider:
a. *Retain the current means for postponing a scheduled agenda item.
STUDY SESSIONS
8. Question: Should/could Study Sessions be made more useful by treating them less like briefings
and more like sessions for interactive exploration of key topics, adopting minimal formalities for
presentations to and questioning of staff and for discussion among Councilmembers?
Response: Yes, probably.
Points and Authorities:
a. Study Sessions often fall short of being thorough examinations of the key questions about
topics on the agenda.
b. Responding to strongly-worded advocacy sometimes takes precedence over deep, objective
exploration of topics.
c. Councilors may state positions on a topic, but seldom are their positions subjected to critical
analysis or debate.
d. Staff are often reluctant to raise questions or doubts about Councilors' statements in order
to avoid effrontery or perceived disrespect.
e. Councilors are sometimes reluctant to raise questions or doubts about other Councilors'
statements, perhaps to preserve collegiality, composure, or flexibility to modify views as
new information surfaces.
Alternative Conclusions to Consider:
a. *Encourage free-flowing, unstructured colloquy among Councilmembers and relevant staff
and consultants.
b. Try dividing major agenda items into 5 steps: (1) staff or consultant presentation of key
facts; (2) identify key questions through group discussion; (3) use brainstorming techniques
to generate conceivable answers to the key questions, refraining from evaluation or
rebuttal; (4) evaluate, prioritize, and refine responses to key questions; and (5) use
brainstorming techniques to identify information still needed before making a final decision.
C. *Limit public input at Study Sessions to Public Forum comments on agenda items only.
d. *Resume holding Study Sessions in the Siskiyou Room to better preserve an intimate,
informal atmosphere.
e. *Try not televising Study Sessions.
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f. Retain 5:30 pm start time for Study Sessions, but provide healthy snacks to enhance
conviviality and sustain energy despite delayed dinner.
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ATTACHMENT B
TWENTY ADDITIONAL QUESTIONS ABOUT COUNCIL RULES
(Version 2)
STUDY SESSIONS (continued)
9. Should Council be precluded from making decisions at Study Sessions?
COMMENTS/PRESENTATIONS FROM MEMBERS OF THE PUBLIC
10. Should a person speaking before the Council be required to state his or her street address?
11. Should Public Form ever be extended beyond 15 minutes and, if so, how?
12. How should the time limit on speakers at Council meetings be determined?
13. At what point during consideration of a scheduled agenda item, should members of the public be
invited to present their views on the item?
14. If a person goes to the trouble to provide public input on a matter, should the Council respond to
that input immediately after? During Council's deliberation on the matter?
15. Should follow-up questioning of speakers be permitted without suspension of Council Rules?
Council Response (tentative): Follow-up questions or responses by Councilmembers should be
allowed without suspension of the rules (1) in Study Sessions; and (2) when the speaker is a subject
matter expert invited by staff or Council to make a presentation. Follow-up questions or responses
by Councilmembers should not be allowed with respect to testimony by members of the public
during Public Forum or during testimony on agenda items except in unusual circumstances and after
suspension of the rules. However, Councilmembers or City staff may be recognized by the presiding
officer following testimony by members of the public for purposes of correcting for the record any
patent errors of fact.
16. Following a presentation to Council from staff or an invitee, should members of the public be
permitted to direct arguments or questions to the presenter?
17. If discussion of an agenda item begins in one meeting and is continued to a subsequent meeting,
should a member of the general public who spoke before the Council at the first meeting have
opportunity to speak before the Council on the same topic at the subsequent meeting?
18. Should a citizen's wish to testify on a matter on the Consent Agenda automatically cause the item to
be pulled from the Consent Agenda for separate consideration by the Council, including public
testimony?
DELIBERATION RULES
19. Should every Councilor get a "turn" to speak on an issue before any Councilor gets a follow-up
turn?
Council Response (tentative): During Council business meetings, every Councilor should get a turn
to speak about at issue under consideration before any other Councilor gets a follow-up turn.
During Study Sessions however, this rule should not be observed.
SUSPENSION OF COUNCIL RULES
20. Should the list of rules that Council can suspend be expanded?
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21. How should a Councilor seek a suspension of Council rules?
22. Does suspension of the rules always require a formal vote?
COUNCILMEMBER REQUESTS FOR INFORMATION FROM STAFF
23. Outside of a meeting, how should a Councilor go about getting information from staff if the request
likely to require no more than two hours of staff time? If the request is likely to require more than
two hours of staff time?
24. How should an employee handle a request for information that is likely to require more than 2
hours of staff time?
25. Is the two-hour rule appropriate?
26. Should the staff's response to a Councilor's inquiry always be sent to all Councilmembers?
MISCELLANY
27. Should individual Councilors serve as Council liaisons to the various City departments, similar to
their roles as liaisons to City advisory bodies?
28. Could changes be made to the Look Ahead to enhance its usefulness to Councilmembers?
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