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Home My WebLink About2025-11-18 Council Mtg MIN ASHLAND CITY COUNCIL BUSINESS MEETING MINUTES Tuesday,November 18,2025 EXECUTIVE SESSION 5:00 PM a) To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660 (2)(d). b) To conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660 (2)(e). Mayor Graham and Councilors DuQuenne, Dahle, Kaplan, Hansen and Sherrell were present. Staff present were Sabrina Cotta,Johan Pietilla,Alissa Kolodzinski, Molly Taylor, and Brandon Goldman. 6:00 PM Business Meeting Council Present: Mayor Graham,Councilors Bloom, Dahle, DuQuenne, Hansen, Kaplan, and Sherrell. Council Absent: None Staff Present: Sabrina Cotta City Manager Johan Pietila City Attorney Alissa Kolodzinski City Recorder Bryn Morrison Deputy Finance Director Molly Taylor Human Resources Director Chad Woodward Climate and Energy Analyst Graham called the meeting to order at 6:08 p.m. a. Land Acknowledgement" DuQuenne read the land acknowledgement. II. PLEDGE OF ALLEGIANCE Sherrell led the pledge of allegiance. III. ROLL CALL IV. MAYOR'S CHAIR OF THE COUNCIL ANNOUNCEMENT Graham announced that the annual work plan updates and new work plans for citizen advisory committees will be presented at the mid-December study session. Interested citizens were encouraged to apply for committee vacancies listed on the city website. V. APPROVAL OF MINUTES a. Minutes of the November 3,2025 - Study Session Meeting b. Minutes of the November 4, 2025 - Business Meeting c. Minutes of the July 19,2022 - Business Meeting d. Minutes of the August 2,2022 - Business Meeting Business Meeting November 18,2025 Page 1 of 6 Dahle moved to approve accept the minutes of November 3,2025,November 4,2025,July 19,2022, and August 2,2022.Kaplan seconded the motion. Roll Call Vote:Sherrell,Dahle,Bloom,DuQuenne,Kaplan,and Hansen-YES. Motion passed. VI. CONSENT AGENDA a. Appointment of Audit Committee Members Dahle moved to approve the consent agenda.Hansen seconded the motion. Roll Call Vote:Dahle,Bloom,DuQuenne,Kaplan,Sherrell and Hansen-YES.Motion passed. VII. SPECIAL PRESENTATIONS a. Finance Update - Fourth Quarter FY26 Morrison presented the first quarter financial statements for fiscal year 2026,covering the period ending September 30, 2025, representing approximately 25% of the fiscal year (see attached). Revenues were tracking as anticipated with a 4.7% increase from the prior year, primarily due to increases in the public safety support fee,wildfire reduction fee, and the creation of the parks fee. Food and beverage tax and transient lodging tax for the quarter were not due until October 31, so they were not reflected in this report. Property taxes, usually collected in November, and license/permit activity were lower than last year. Intergovernmental revenue rose due to parks grants,an opioid settlement, and a BPA conservation reimbursement.Charges for services saw a 5% rise with expected rate increases. Investment interest declined from last year but stayed above historic levels. Expenditures matched expectations,with personal services at 22.3% and materials at 26.7% of the budget. A significant expenditure change was the debt service reduction following the payoff of the AFN loan last fiscal year. The city's overall net position was $80.4 million, down from $82.7 million the previous year. The general fund stood at $10.1 million, aligning with the adopted budget, and the electric fund was $7.7 million, down from $9.2 million due to ongoing utility account issues. Councilors asked about the capital improvement fund having a negative ending fund balance due to cost overruns from the Community Center and Pioneer Hall projects. Morrison indicated they would need to transfer approximately $200,000 from the general fund,which would be brought to Council in December. An update on the Low-Income Energy Assistance Program indicated that 384 customers now receive a 30% discount on their utility bills,with $29,000 of the$283,000 allocated distributed by September's end. Councilors asked about addressing the capital improvements fund deficit, audit status, and ending fund balances. Morrison recommended transferring from the general fund contingency for the deficit, as other funds couldn't cover it.The audit was nearing completion,with a presentation to Council expected in December. No concerns have been identified. Ending fund balances comply with set policies and the general fund will continue to be monitored. Clarification that the next quarterly update will be in the joint conversation with Parks after the new year. Vill. PUBLIC FORUM - Business Meeting November 18,2025 Page 2 of 6 Citizens addressed concerns regarding how the 2025-2027 biennial budget process was handled,and the loss of police blotter reports and restrictions on occupancy adjacent to the night lawn. IX. PUBLIC HEARING a. First Reading of Ordinance 3255: An Ordinance Relating to Liquor License Review; Repealing and Replacing AMC Chapter 6.32 Kolodzinski presented the proposed changes to the liquor license review process. Updates included a clearer purpose and scope, clarification of differences between temporary and annual permits, an outline of the review and approval process, specific requirements for businesses to receive favorable recommendations,and authorization for the city manager to sign annual applications. The changes were expected to facilitate faster turnaround time for business owners. Public Hearing Open No speakers Public Hearing Closed Kaplan moved to approve the first reading of Ordinance 3255:An Ordinance Relating to Liquor License Review,Repealing and Replacing AMC Chapter 6.32.Hansen seconded the motion. Roll Call Vote:Bloom,Dahle,DuQuenne,Kaplan,Hansen and Sherrell-YES. Motion passed X. ORDINANCES,RESOLUTIONS AND CONTRACTS XI. UNFINISHED BUSINESS XI1. NEW BUSINESS a. Proposal for Winter/Extreme Weather Shelter at 2200 Ashland St Cotta presented a proposal for using the newly renovated facility at 2200 Ashland Street for winter and extreme weather shelter services. Construction was nearing completion and Opportunities for Housing, Resources,and Assistance (OHRA) had state funding available to help operate both an every-night winter shelter and an expanded severe weather shelter at the location. Executive Director Dan Cano explained that OHRA would prioritize people from the night lawn for the winter shelter and noted they had been successfully moving one to three people per month from the night lawn into the OHRA shelter.Cano also discussed OHRA's efforts to coordinate with churches and community organizers to develop additional capacity for overflow situations. The Council discussed that the city would contribute$30,000 toward the operation under this proposal compared to approximately $130,000 spent last year, leaving additional funds for other homeless services including potential smoke events. Councilors requested a mid-February check-in. Several citizens addressed the Council with gratitude for OHRA proposal and with support and first- hand accounts clarifying the need for homelessness services. Business Meeting November 18,2025 Page 3 of 6 Bloom moved to direct staff to enter into an agreement with OHRA for the provision of winter/extreme weather shelter at 2200 Ashland Street.Kaplan seconded the motion. Roll Call Vote:Bloom,Dahle,DuQuenne,Kaplan,Hansen and Sherrell-YES. Motion passed Recess taken until 7:35PM b. Ratification of the 3-Year Labor Agreements between IAFF Local 1269 and Ashland Parks and Recreation Teamsters Local 223 Taylor presented information on two labor agreements for Council approval, explaining the collective bargaining process with details on the agreements (see attached). During council discussion, clarification was provided on the Parks Teamsters agreement that Parks employees were originally included in the non-represented resolution passed in August, but due to unionization,they had been operating under the prior management resolution.The new agreement maintains the same compensation package as was in the non-represented resolution, except overtime would be at double-time rather than time and a half. The IAFF agreement included 4% COLA increases for each year and the addition of Christmas Eve as a holiday,which differed from the package offered to other bargaining units. It was noted that both departments had identified several cost-saving measures to offset the contract increases ensuring the overall agreement could be supported within the department's budget. Bloom moved to approve the 3-year labor agreement with Teamsters 223 Parks and Recreation Union and authorize the city manager to sign the 3-year agreement.The motion was seconded by Sherrell. Roll Call Vote:Bloom,Kaplan,Hansen and Sherrell-YES. DuQuenne,Dahle- NO. Motion passed. Bloom moved to approve the 3-year labor agreement with IAFF Local 1269,Ashland Fire and Rescue Union,and authorize the city manager to sign the 3-year agreement.The motion was seconded by Sherrell. Roll Call Vote:Bloom,Dahle,DuQuenne,Kaplan,Hansen and Sherrell-YES. Motion passed. c. Franchise Agreement versus Right of Way Ordinance Cotta introduced the topic and Woodward presented options regarding the expiring franchise agreement with Avista (natural gas provider),which is due to expire in December 2025 (see attached). Options included allowing it to roll into a year-to-year agreement, renewing the franchise agreement,or developing a right-of-way ordinance to replace it. Research found that 17 out of 21 Oregon cities used license or right-of-way ordinances,with only three maintaining franchise agreements.Thirteen of the 17 ordinances were adopted in the past decade, showing a trend towards this approach. Many ordinances included provisions for franchise agreements when in the public interest. Councilors discussed that the purpose of bringing this Business Meeting November 18,2025 Page 4 of 6 forward was to explore options for regulating natural gas services, noting that an ordinance might provide more flexibility than a 10-year franchise agreement. A citizen addressed the council emphasizing the need for flexible policies for managing natural gas services to meet climate goals by reducing, not expanding,the gas network. Steve Vincent from Avista Utilities stated the company's preference for franchise agreements due to the long-term certainty they provide for infrastructure investments. He explained that utilities must pass franchise fees to customers as surcharges, based on legal requirements. The Council considered letting the Avista franchise agreement move to a year-to-year deal, renewing it, or opting for a right-of-way ordinance. Right-of-way ordinances provide more flexibility but may require more administrative work. Key concerns were the financial impact on utility customers and city revenue,with Avista preferring franchise agreements for infrastructure stability.The Council sought the least complex and costly solution,that aligned with Ashland's climate goals. Bloom moved to direct staff to schedule a study session in April for the Council to determine objectives regarding natural gas and whether a licensing fee,franchise agreement,or privilege tax is the best mechanism to achieve those objectives,and for staff to include a draft ordinance if the Council were to decide to go toward a licensing fee mechanism.The motion was seconded by Dahle. Roll Call Vote:Bloom,Dahle,DuQuenne,Kaplan,Hansen and Sherrell-YES. Motion passed d. City Council Retreat Agenda Cotta presented the draft agenda for the Council retreat scheduled for December 1, 2025.The agenda included items focused on city finances, particularly the general fund,with topics such as forecasting, reserve fund goals, cost-cutting measures, and revenue generation (see agenda packet). After discussion about the content and location of the retreat,Council decided to hold the retreat in Council Chambers rather than the Siskiyou Room as originally planned. Hansen moved to approve the City Council Retreat Agenda as posted in the packet.The motion was seconded by Kaplan. Roll Call Vote:Bloom,Dahle,DuQuenne,Kaplan,Hansen and Sherrell-YES. Motion passed XIII. CITY MANAGER REPORT- a. Look Ahead Cotta announced the launch of the Storytown Ashland app,which was funded through TLT funds and is now available for download. She also provided a look ahead of upcoming Council items: • December 1: Council Retreat (1:00 PM) • December 2: Second reading of the liquor license ordinance, second reading of Ordinance 3272 (annexation for Casita 1 and 2),discussion of affordable housing trust fund money and Business Meeting November 18,2025 Page 5 of 6 Clay Street property, request to begin surplus property process for Imperatriz, and resolution to extend the pilot program for portable signs in downtown commercial areas • December 15:Audit presentation and advisory committee work plan presentations XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Dahle thanked the Climate Policy Advisory Committee for their work. DuQuenne announced a vigil on November 23 at 2:00 PM in front of the mural at Ashland High School on Mountain Street to commemorate the five-year anniversary of Aidan Ellison's death. XV. ADJOURNMENT Bloom moved to adjourn.Seconded by DuQuenne All Ayes. Motion passed. The meeting was adjourned at 9:00 p.m. 0,41 , 1A ),� A JWJ4_ tJ, City Recorder Alissa Kolodzinski Mayor T nya Graham Business Meeting November 18,2025 Page 6 of 6 " � 5 • FNw .. r First Finance U date � • � ��- p First Quarter FY26 November 18, 2025 Quarter U Summaryof Fund :• • Summary of Revenues and Expenditures - City Wide Statement of Resources, Requirements, and Changes in LL Fun • Balance by Fund Summaryof CashInvestments Financial Overview - First Quarter FY26 Revenues Year over Year 1st Quarter $25,000,000 520,000,000 515,000,000 i $10,000,000 �( 55,000,a0. }I I 6- 2076-77 2017-18 2018-19 2019-20 2020-21 2021 22 2022-23 2023-24 2024-25 2025-28 ■Charges for Services III Taxes ■Intergovernmental Revenue III Franchise Fees ■Operating Transfers In •Licenses and Permits ■Intereston Pooled Investments Miscellaneous Revenues ■Fines and Forfeitures ■Debt Revenue I Financial Overview - First Quarter • Revenues f { ❖ City-Wide $20.4M or 4.7% increase from prior year ❖ Taxes ■ Increase due to Public Safety Fee and Wildfire Reduction Fee increase and creation of Parks Fee ■ Update on Food and Beverage Tax-audits underway ■ Property Tax-November •:� Licenses and Permits, System Development Charges ■ Will continue to monitor activity Financial Overview - First Quarter • Revenues ❖ Intergovernmental Revenue Grant Revenue, Opioid Settlement, and BPA Conservation Reimbursement ❖ Charges for Services Increased 5% as expected ❖ Interest on Investments ■ Decreased compared to prior year, but remains higher than historical figures Inv% Financial Overview - First Quarter Expenditures Year over Year ist Quarter ' S30,000,000 f $25,000.000 . $20,000,000 $15,000,000 $10.000,000 $5,000,000 $- 2018-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022.23 2023-24 2024-25 2025-26 ■Material and Services ■Personnel Services ■CapillMutlay •Debt Services ■Transfer-Out,Contingency,Ending Fund Balance ,yams Expenditures ❖ First quarter, first year of biennium-25% ■ Personnel Services 22.3% of budget ■ Materials and Services 26.7 % of budget ■ Largest change is in Debt Service with AFN Loan paid off ■ Keeping eye on department budgets remainder of year ❖ Within Expectations for first quarter City's Net Position ❖ Fund Balance ■ City Wide = $80.4M vs $82.7M previous year ■ General Fund = $10.IM vs $14.6M previous year ■ Electric Fund = $7.7M vs $9.2M previous year ■ Concern with Capital Improvement Fund- ■ Transfer from General Fund December 16 ❖Cash & Investments ■ City Wide = $75.2M vs $75.8M will i i Update on Low Income Assistance Program ❖ 384 Qualified Customers 1 ❖3 have reached $400 threshold ® Low Income Assistance Program As of September 30,2025 $250.000 2025-26 Actual 2025-26 Budget Electric Fund 21,146 245,000 $200,000 Wastewater Fund 2,998 13,660 Water Fund 4,497 24,000 $150,000 i I $100,000 $ 28,641 $ 282,660 i i $50.000 $_ M Electdc Fund Wastewater Fund Water Fund I ■2025-26 Actual ■2025-26 Budget t�- OverviewFinancial Quarter FY26 I i I i I I i QUESTIONS? t4. I WAN D d i• :, City Council Meeting 11/18/20251 �. .*, At the 11/18/2025 City Council Business Meeting, Council will be asked to approve 2 collective bargaining agreements AugustLost approval on this topic: July 18, 2023 (1AFF) & / • ' - • '• SUGGESTED ACTIONS, MOTIONS,AND/OR OPTIONS: I move to approve the three-year labor agreements with IAFF Local 1269 and the Parks and Recreation Teamsters Local 223 and authorize the City Manager to sign the three-year agreements. Timeline of Council Discussion/Action • August 16,2022,Council approved the prior Non-Represented Agreement (Parks employees) covering the past three fiscal years,FY2022-FY2025 • July 18,2023,Council approved the prior IAFF Agreement covering the past three fiscal years, FY2022- FY2025 • Council funded a Compensation&Classification Study during the'23/'25 biennial budget process • May 6,2025,Executive Session:To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660(2)(d) • May 20,2025,Executive Session:To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660(2)(d) • May 20, 2025,Compensation &Classification Study presented to City Council • August 5,2025,Council approved Resolution Clarifying Certain Employment Conditions for Management,Confidential and Non-Represented Employees. Collective Bargaining Agreement Process • Near the end of the current Collective Bargaining Agreement term,the City receives a letter from the union requesting to open negotiations o When currently unrepresented employees wish to be represented by a labor organization,the City is notified by Oregon's Employment Relations Board (ERB) of a Petition for Representation seeking to be certified as the exclusive representative for employees in a specific group • The Union typically presents contract changes and compensation requests based on Union produced comps and requests • Over several meetings,the City and Union discuss and negotiate terms for the updated Agreement • Once a Tentative Agreement is reached between the City and Union,the Union returns to the members to hold a vote to uphold the changes or return to the bargaining table • Once the Union votes affirmative,the Collective Bargaining Agreement goes to Council for consideration and vote �r Compensation package comparison for Teamsters 223 Parks&Recreation Total COLAs:11% Total COLAs:4%plus wage Total COLAs:4% plus wage (CPI increase 15.7%) adjustment (Average wage adjustment (Average wage adjustment 4.5%for an adjustment 4.5%for an average total of 8.5%) average total of 8.5%) HRA VEBA increase:1% HRA VEBA increase:0.5% HRA VEBA increase:0.5% Deferred Compensation: No Deferred Compensation: Deferred Compensation: change increase of$50/month increase of$50/month Longevity Pay: No change No change 5 - 9 years:$1,000 annually 10 -14 years:$1,250 annually 15+years:$1,500 annually Personal Day (3)* Personal Day(3)* In recognition of SERJAC recommendation to allow for In recognition of SERJAC recorrvnendation to allow fa flexibility around various religious holidays beyond flexibility,around various religious holidays beyond mainstream mainstream Christmas Eve Holiday Christmas Eve Holiday Step Increase:2%- 14% Step Increase:3%(uniform across Step Increase:3%(uniform across the board) the board) Compensation package comparison for IAFF Ashland Fire&Rescue Total COLAs:11% Total COLAs:12% (CPI increase 15.7%) Christmas Eve Holiday The IAFF elected not to move its members onto the salary schedule recommended by the McGrath Compensation and Classification Study, nor to accept the benefit changes ratified this year for other unions and non-represented employees. Reductions/ Savings to Cover Teamsters Parks&Rec Contract Increases ($215,000) *As previously discussed during the August 5,2025,Council Business Meeting for the Non-Represented Resolution General Fund FY26 FY27 Total Eliminate Finance Manager Position $148.306 $159,915 Delay hiring Pork Tech $100,000 Healthcare Premium Savings $49.000 $49,000 Shift to fully insured PLO Plan $455,000 Reduction in HR Professional Services $40.000 $1,001,221 Electric Fund Clean Fuel Credit Sale 1 $570,000 t570,000 Water Fund Eliminate Generator Replacement 1 S200,000 $200,000 Wastewater Fund Healthcare Premium Sevin $9,500 Reduction In Professional Services 570,000 11 1%Vacancy Rate Siwings 21,000 $100,500 Stormweter fund Healthcare Premium Sevinp $1,575 Reduction In Professional Services 1 $24,000 I I f 525,575 Street Fund Delay In Vehicle Replacement 1 $78.000 $78,000 Telecommunication Fund Dale in Vehicle Replacement $75,000 Bandwidth Contract Renegotiation $30,000 105 0 10 M Fire Department Reductions/Savings to Cover Contract Increases ($271,174) Grant funded savings for Table Command $27,000 Professional Services by not renewing a radio program $3,500 contract Flat/Alder & Palisades fire personnel & equipment $162,373 reimbursement Reduction in Administrative budget (small tools, $17,000 postage, uniforms, travel, printing & binding) Reduction in Operational budget (travel & printing) $7,500 Reduction in Fire & Life Safety budget (travel, uniforms, $34,500 CERT) Vacancy savings $19,301 $271,174 f/r Suggested Actions,Motions,and/or options: • I move to approve the three-year labor agreement with Teamsters 223 Parks&Recreation Union and authorize the City Manager to sign the three-year agreement. • I move to approve the three-year labor agreement with IAFF Local 1269 Ashland Fire&Rescue Union and authorize the City Manager to sign the three-year agreement. �r = ,CITY OF ^SND r. &7 11 4. 1 y� J I T Y Q E J"i ND d•%• ii• 14. 60 CityCouncil • • ' • • • • • Ordinance 11/18/2025 Comparing Franchise vs Right of Way Licensing via Ordinance: • 21 cities reviewed (covering 1.6 million people) • 3 have a franchise agreement, • 1 (Eugene) uses a privilege tax under statue • 17 have a license/right of way ordinance. • Most have a carve out to use a franchise agreement when in the public interest • 1 (Corvallis) has a Right of Way Licensing Ordinance but uses a franchise • Of the 17 license/right of way:13 have occurred since our last franchise agreement. • 10 similar sized cities (under 30,000) all with Right of Way Licensing /r 4j SPEAKER REQUEST FORM Submit this form to the meeting Secretary prior to the discussion item. )You will be called forward when it is your turn to speak State your name and speak clearly into the microphone :) Limit your comments to the time allotted t) Provide any written materials to the meeting Secretary •) Speakers are solely responsible for the content of their statement )ate: ` I � 1? Ja e: (Please Print) Quo 4shland Resident: 4 YES 0 NO City: agenda Topic/Item Number: 'ublic Forum Topic (Non-agenda Item): C1OU( '1�y ,lease respect the order of proceedings and strictly follow the lirections of the presiding officer. Behavior or actions which are loud )r disruptive are disrespectful and offenders will be requested to leave. Asclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or )rofane language. I understand that if I do not follow procedure my :peaking time may be terminated, and I may be requested to sit down )r leave the building. SPEAKER REQUEST FORM Submit this form to the meeting Secretary prior to the discussion item. )You will be called forward when it is your turn to speak ?) State your name and speak clearly into the microphone 3) Limit your comments to the time allotted 1) Provide any written materials to the meeting Secretary 5) Speakers are solely responsible for the content of their statement Date: ..... UOUCVv�s P (� ----J "Aame: lease Print) Ashland Resident: gT ES NO City: Agenda Topic/Item Number: Public Forum Topic (Non-agenda Item): Aiod V, 'Please respect the order of proceedings and strictly follo he directions of the presiding officer. Behavior or actions which are loud or disruptive are disrespectful and offenders will be requested to leave. Disclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or profane language. I understand that if I do not follow procedure my speaking time may be terminated, and I may be requested to sit down or leave the building. Paul Mozina 2025-2027 September 16, 2025 Response to City Attorney Johan Pietila At the June 161h City Council Business Meeting, I voiced my concerns about how the Mayor, Council, and City Administration handled amending the 2025-2027 Biennial Budget that had been approved by the Citizens Budget Committee (CBC). They violated the Oregon Revised Statutes, Ashland Municipal Code and Ashland Charter. I followed up with communications to the Mayor and Council about this issue, and specifically with the Ashland Police Chief regarding how to file a formal complaint. After being told by Chief O'Meara that the City Attorney (CA) had addressed my concerns, and in the absence of any response to me from the CA, I asked Mr. Pietila on July 1 how he had "addressed my concerns". On July 2 he finally responded with the email below— a feeble and incompetent effort to defend the Council's actions. Good morning Mr. Mozina, I reviewed the email you sent to the City Council and provided my analysis back to them. I also had conversations with department heads and council members to address any follow up questions they had. I will summarize very briefly for you. My interpretation was the study session relating to the principal subject of a financial update was a perfectly legitimate time to discuss financial questions pertaining to the budget. Additionally, as a matter of state law at least, the absence of a subject from a notice does not preclude the governing body from discussing it; under the OPML, the list of anticipated subjects does "not limit the ability of a governing body to consider additional subjects." See ORS 192.640 By consensus, at a study session, the Council may direct staff to act on other matters that do not require Council decision by ordinance or resolution (AMC 2.04.020(C)(1). In this case the budget resolution that was noticed and eventually put forth had Council's guidance and direction that 1 I I + 17 A , Ct I qq11 A I w i I I Paul Mozina 2025-2027 September 16, 2025 included changes to not use the reserve fund, and rather to take it from the additional funds released from the Parks fee and then reappropriate a portion from the homeless budget which can get replenished as needed mid-year. That is what Council voted on at the budget adoption meeting. There was no need for a motion to amend the budget because it was already discussed in prior sessions and included in the budget they were presented to vote on. Per budget law, after the budget committee has approved the budget and a public hearing was held, the City Council can make changes to the budget that was approved when adopting the budget. They do not have to go back to the CBC if the expenditure change is under 10%, which it was not (Local Budget Manual Chapter 11; ORS 294.456). Council more than sufficiently discussed the change in previous council sessions, and right before the public hearing, so it was clear and transparent, before they voted on the adopted budget. Budget Law provides that the budget Council adopts can already have those change in place, and they can vote on it. That is what occurred. All members of the Council and staff took your concerns seriously and I provided responses to them to address them and explain the legal approach. Thank you for bringing your concerns to the attention of the Council. Best, Regarding amending the CBC approved budget at the May 19t" Study Session (SS), the CA states: My interpretation was the study session relating to the principal subject of a financial update was a perfectly legitimate time to discuss financial questions pertaining to the budget. The agenda item was publicized as: Third Quarter FY25 Financial Update and it was described as "Informational - this is to inform the body on a particular topic. No motion or direction needed." And it stipulated that the item had no fiscal impacts nor were there any suggested actions. There is nothing in the packet or language in the agenda item to indicate that the Council was going to amend the 2025-2027 biennial budget. The agenda item description was not specific enough 2 J, ..} 4,.. ,f •y ;t ;i d`.J' c.:+�.. �3 !$•`2. .� r7 !`: a '�;. e:. .. ..'�'• l",f .. �-fr�t .,-�Y _ ,:f,>.f _ w,. . ::2st�� '�_ t t�yE`.., F �1.it..'"� ,'i xf-+� .ti t'3 + .11gq VA; !i,oil A.yw ty f. .;[..f 1 c:..':{...b,bt,, �:y +:,. ._ t.a ,., ,,.,�1 �, ..l i45' r! �r �,tt "-so, .:n jj. t �".}4C;t s.:,«s c.- ,1 1..J�i {P1a 1� 06; °,•.`f`,I ki ,}}. �t,. "•.rry. ')1t i 4; .''1a. 51" ,"�kets . . tC1.+. . •�, '�t.:i.1(,� -. ,t .. '�Siit r :�..:� �) .i'• ': !',J °� `{ ',k,'.`_ . r .. SD o „4 .... �.. �•` �t �•? 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' •1 (� :{ ��r•?} .,�;..tfi+' fr a t,t•.,`. ,>,�'��S�A•,'l! i'tt?3�.�_!}';5 4� �'�';?,3iT�'r fl"1�'% t�ft 'i '..:Si S✓ 'yf' !:3�' TOP �v�} .ys °l')�i ��'fA �.ti�tisl..N C 'A 4V Paul Mozina 2025-2027 September 16, 2025 to permit citizens to recognize that an amendment to the budget was going to be discussed. A QUICK REFERENCE GUIDE TO OREGON'S PUBLIC MEETINGS LAW (pg. 9) A meeting notice must include a list of the principal subjects to be considered at the meeting. This list should be specific enough to permit citizens to recognize matters of interest. However, discussion of subjects not on the agenda is allowed at the meeting. The CA attempts to defend the notion that a Third Quarter FY25 Financial Update (where no motion or direction needed), was specific enough for citizens to recognize that the Council intended to amend the 2025-2027 budget by asserting: Additionally, as a matter of state law at least, the absence of a subject from a notice does not preclude the governing body from discussing it; under the OPML, the list of anticipated subjects does "not limit the ability of a governing body to consider additional subjects." See ORS 192.640 Discussing or considering a topic is very different from amending the 2025-2027 budget resolution without a motion or vote. The Ashland Municipal Code 2.04.020.C) states: C. Study Sessions. 1. Study sessions are for Council members to receive background information and recommendations from staff or invitees with expertise on City business; to ask questions, discuss options, express their individual views on matters that may be voted on in subsequent regular or special meetings; and to provide guidance to staff. The Council may vote in study sessions on guidance to staff concerning matters to be presented to Council for decision at subsequent meetings. By consensus, the Council also may direct staff to take action on other matters that do not require Council decision by ordinance or resolution. No particular cases involving quasi- judicial decisions may be discussed at study sessions. CA Pietila quotes a portion of this ordinance in his response above: 3 ' .Eft. i ... live fT. 4J'. '..; :fir _,..'. . r...14.i.. Y: I .,'t.r d" cannons II tt ,i 7 (4lt) . °3' .�:)'�f.�i�" '� 1.,. � '�,1 �r�.t 1 it .. .�' e:. ;t't• ':"'1C:if tt:��;r.,,.il;` y 71.'P ..d ;Jri..fow 04.1 oW gffil7db -r' ... .;i✓. � .. J 1- }a ..,T•'� F"+�.�� S, s��:i� t:1�.i'�.� i+;, :., ! �? :} r..pt ` .;Se .� a'1"• ,... •�.. a ..ritt >: .ti .. . �Y r lfr r r r�. ) "� ' ' .r., ' lit 1 .'fly i., •'. ..�y. . . ..t - Ofi et:�y•... { i jl+C ,, , srtliY f:r.f,:i.r:i.' , e. WIN`. e( Ve- x m `.'710 " lb r't-vt 'r.. . '. 11 Act AW001 ,10, • '{ s. . i>;!;ti`✓; ? Y. ,,. .--�"e '�:,. _1�3.:�c...tf.'. !'.:, no Ii{;'.• ad :"q }t'..e y.j E� .. ,a' 110 i.. i, •�;?i r,}a�...`: d' . I � wool 0:'lf '.i�i<t_'C.} �! i ,''+.► .,_ `; `.Y) T ;� 'rJrs.•r `ii'. t r l3 `) '.'., �''sff:� t_t i.. . ,r�i�: .'►.r .. - .i :�ft•i sr"�.P.r;? � ...i' I Paul Mozina 2025-2027 September 16, 2025 By consensus, at a study session, the Council may direct staff to act on other matters that do not require Council decision by ordinance or resolution (AMC 2.04.020(C)(1). Given that the Council was amending: RESOLUTION NO. 2025-17 A RESOLUTION TO ADOPT THE BIENNIUM 2025-2027 BUDGET AND APPROPRIATE SUCH AMOUNTS AS NECESSARY TO IMPLEMENT THE BIENNIUM 2025-2027 BUDGET ... and that they were limited to expressing "their individual views on matters that may be voted on in subsequent regular or special meetings'; and to directing staff "to act on other matters that do not require Council decision by ordinance or resolution", it was clearly a violation of the AMC for the Councilors to amend the CBC approved Budget Resolution at the SS. CA Pietila literally cited the section of the AMC that forbids the action taken by the Council as the justification for taking that action. CA Pietila goes on to say: In this case the budget resolution that was noticed and eventually put forth had Council's guidance and direction... There was no need for a motion to amend the budget because it was already discussed in prior sessions and included in the budget they were presented to vote on. The Ashland Charter could not be more explicitly clear that any decisions made by the Council need more than mere discussion, guidance or direction: https://ashland.municipal.codes/Charter/VIII-6 Section 6. Proceedings to be Public. 4 c n vm Mis;Do YOM 0 is py"emm 02, zw-uh-w yJ k.r; 01n, -jikl A,' f- CIA 100 : 11,120 "'Y"lue MI T WAINAm UVRARE71 4 KV 0111 'OhOr" . V1 S. f. -j 1 Su a Vj uz ry fey; 0 ,-"v AS."A Inv to 15: v,; it "ass i 1; Z V y 710, -ov V vw 1; �gy 9 T; nob win f Ann moo 7 im Paul Mozina 2025-2027 September 16, 2025 No action by the Council shall have legal effect unless the motion for the action and the vote thereon take place at proceedings open to the public. https://ashiand.municipal.codes/Charter/Vill-9 Section 9. Vote Required. Except as this Charter otherwise provides, the concurrence of a majority of the members of the Council present at a Council meeting shall be necessary to decide any question before the Council. Amending the 2025-2027 Biennial Budget approved by the CBC was an action, a decision, separately preceding the vote on the budget as amended, and thus the Council was required by the Charter to have a public motion and vote on the amendment, and this did not occur. CA Pietila then asserts: Per budget law, after the budget committee has approved the budget and a public hearing was held, the City Council can make changes to the budget that was approved when adopting the budget. (my emphasis) The CA literally confesses that the Council violated Oregon Budget Law (see 294.453). The Council amended the Budget Resolution at the SS on May 19, and discussed those changes at the Council Business Meeting on June 3, BEFORE the public hearing was held. And the Oregon Budget Manual explains on page 46: If any changes are necessary after the budget committee approves the budget, the governing body may make the revisions after the budget hearing and before adopting the budget. The CA then asserts without citation that: Budget Law provides that the budget Council adopts can already have those change in place, and they can vote on it. Where does it say that Council can amend the budget approved by the CBC prior to the public hearing? What Oregon Revised Statute supersedes the requirements 5 OKI Al mo s0v W! 1; too 1"J& Y? usmaq; W 1910vinan wpm 7-1 OAS sn" -x- n-.1; t•.�± ', if,• {.. _• ;rq �-,,m ton, m, -041 4111 eta: xvis! vavw,t AM" 941 16 rMNADaeg 1: Si 11-t c, -01 Wavn -. y 1 RUA' ;s e?Inn) 1 0, mabus Oil -001 vn,� .;-70 ?"Yow jas �661 ochul wWLn Mon 6 inw.; Q ehoh.. Umj AQUI lv�&= X Qu ' 'm m A- .10 maj •lps ,T) ;bdAlb " i 000 Paul Mozina 2025-2027 September 16, 2025 of the Ashland Charter that every action and decision taken by the Council be preceded by a public motion and vote? This is the procedure the Council follows on every other ordinance or resolution that comes before it: if amendments are required, a motion and vote is taken on the amendments prior to the motion and vote on the item as amended. Yet the CA want us to ignore the Ashland Charter in lieu of his opinion: Council more than sufficiently discussed the change in previous council sessions, and right before the public hearing, so it was clear and transparent, before they voted on the adopted budget. Yes, CA Pietila is new on the job and apparently does not understand the meaning of AMC 2.04.020(C)(1), nor is he familiar with Ashland Charter Chapter 8 Sections 6 and 9. In his attempt to defend the Mayor and Council's actions, he cites relevant portions of the ORS, AMC and Ashland Charter that directly contradict the conclusions he is attempting to lead us to. When the Biennial Budget agenda item was introduced at the Business Meeting on June 3, Deputy City Manager Jordan Rooklyn, claimed that the decision to amend the budget resolution, and change the sources for the childcare grant program, had been "supported by Council via motion." There was no motion made, no vote taken. No one corrected her. The Mayor and Councilors all knew that they hadn't voted on any amendment to the approved budget. I do not see anything specifically prohibiting the Council from condoning a lie in the ORS, AMC or Ashland Charter (on June 16 they approved the comments Rooklyn made as part of the June 3 minutes), so perhaps that is why CA Pietila did not attempt to defend this in his response: apparently, lying to Council and the Citizens of Ashland was not even an issue in his opinion. It is important to cite two more relevant sections of the Ashland Charter as they implicate both the Mayor and Police Chief in the dereliction of their duties. https://ashland.municipal.codes/Charter/IV-2 Section 2. Powers and Duties. 6 r j "s Son {{f�x�1� .. ..Y: .1.�.y S .'{ �•',•}"'J..°�t; y:., <.:'�.t �y .Yt��4s !Tii. i -i. .. 'lii •�. .. ;�!.t7 '+ j� , �,,, '�� :f 3 "J.y 'bid J. >l. . . ..�..�-.1 .'.YL' .i�. '/ '". A =a I t- . . 1< �+,.?.l• Y1..,, e.," - ..`.t.1 ..f I ( bpi .'?.'1 . r f� ...F•,"�i' y'� � !. 't_•. IY. .. .t' �Y!'. Tv jo, 1 ' .. ..°s: J Y.�;,.•Ti �'_ :.J' l iii i,5a 3 � i'.. .��.:•F;�.bf , •`.';,,t 4r`." '.'•t?'i-i1 t.'� ... . � :i 5 }. �. }.;;�, 1. .. -it •�{� .t. . :3::•. �.', r - i A .,0 I�'rt, `� ZA up! i`a,l a� .�1 L' ,.. ,a ON q.' innl�i. wo3'.. i 5 . .�'. , � myn Kai .ter. , 10 ! }' •r r�9 �. (! .. ..✓4 ;} Cr'..i ..t.f. s>S:ZI ,:) .. :° S T.:A _� ...:}T.... ,. '.f, •b? � . ... J'. ,is �.�- ..� �l' �'� t... ? �,`f j_?' ... .:Ji'f \•.. .r � <. i:.ee'. .`.�, ..'{f'i{; i.rati'� .. ;. YE,k;' Y:_.ty.. �' i �I 1 II, Paul Mozina 2025-2027 September 16, 2025 The Mayor is the political head of the city government. He or she shall exercise careful supervision over the general affairs of the City and, with the City Council, over the City Manager and City Attorney, as well as other appointive officers as may be created by this Charter. Appointive officers are those city employees who are hired by and report directly to the Mayor and Council. The Mayor shall make a report to Council and the citizens of Ashland on the state of the city at or as soon as practical following the first Council meeting of each calendar year. (Charter amendment 05-19-2020) https://ashiand.municipal.codes/Charter/XIV-1 Section 2. The Chief of Police, or his/her designee, shall attend all meetings of the City Council, and perform the duties of the Sergeant-at-Arms of that body, watch over, care for and preserve all the City property and good morals of the City; and it shall be his/her duty, and the duty of any and all police officers, to see that all the laws and ordinances of the City, and the provisions of this Charter, are enforced, to file complaint with the City Judge against any persons violating any of the provisions of this Charter, or the laws or ordinances of the City; and a failure or neglect to faithfully perform any or all of such duties shall be cause for removal from office by the City Council. 7 1 } .ter ow•.`4y7. KISC.4).d'.{, ?f :i '.,V0 . .�.`�.°'f�'�j3i. d. 070 7 A 1. 'a o ow jG yw `AP A I !.%t; M e:!O f.. �'.-�. .a ...F �'r:.4Y It.: s .,�: '•1).,r.' ,. � .. ♦i +' SI. .. ? .'1 .3a 'ff: :�. ... s.�[ `t - �.�a Y! ii 154.. ... '.�i{� .'r' ^.qr{.1.3 t. , ,) , .i'1j•.t I I I . i �. ' .,. '_ t'. .. 4:r _ is �3 a S{. .� �1. ..+ { .} .. .. �y � : t a �iry� � �',+`J�J ��.})i:•4' 11�, . yk`f'1,.. '.i .. .ice: - }3 •r.. .-.rfY��..r l l�j2 eq, ._d a'1 }1_ _ 5 ',i :;f' .� .'(" .c'. Yi '-ri.,s �{': itIl�`• 8'"1sff;„:.>;>J zif, .,3�� '?�fiT�_ .y o..iys �ti'Fds8•!i ' I t III Ills II i � I A SPEAKER REQUEST FORM Submit this form to the meeting Secretary prior to the discussion item. 1)You will be called forward when it is your turn to speak 2) State your name and speak clearly into the microphone 3) Limit your comments to the time allotted 4) Provide any written materials to the meeting Secretary 5) Speakers are solely responsible for the content of their statement Date: /�� Name: (Pease Print) Ashland Resident: E /4ES ❑ NO City: Agenda Topic/Item Number: Pub is Forum Topic (Non-agenda Item): Please respect the order of proceedings and strictly follow the directions of the presiding officer. Behavior or actions which are loud or disruptive are disrespectful and offenders will be requested to leave. Disclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or profane language. I understand that if I do not follow procedure my speaking time may be terminated, and I may be requested to sit down or leave the building. A6 SPEAKER REQUEST FORM Submit this form to the meeting Secretary prior to the discussion item. 1)You will be called forward when it is your turn to speak 2) State your name and speak clearly into the microphone 3) Limit your comments to the time allotted 4) Provide any written materials to the meeting Secretary 5) Speakers are solely responsible for the content of their statement Date: Name: (Please Print) c Ashland Resident: YES NO City: Agenda Topic/Item Number: , Public Forum Topic (Non-agenda Item): /-�— — Please respect the order of proceedings and strictly follow the directions of the presiding officer. Behavior or actions which are loud or disruptive are disrespectful and offenders will be requested to leave. Disclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or profane language. I understand that if I do not follow procedure my speaking time may be terminated, and I may be requested to sit down or leave the building. SPEAKER REQUEST FORM Submit this form to the meeting Secretary prior to the discussion item. 1)You will be called forward when it is your turn to speak 2) State your name and speak clearly into the microphone 3) Limit your comments to the time allotted 4) Provide any written materials to the meeting Secretary 5) Speakers are solely responsible for the content of their statement Date: Name: (Please Print) h Ashland Resident: YES NO City: MIL Agenda Topic/Item Number: Public Forum Topic (Non-agenda Item): Please respect the order of proceedings and strictly follow the directions of the presiding officer. Behavior or actions which are loud or disruptive are disrespectful and offenders will be requested to leave. Disclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or profane language. I understand that if I do not follow procedure my speaking time may be terminated, and I may be requested to sit down or leave the building. SPEAKER REQUEST FORM ,o Submit this form to the meeting Secretary prior to the discussion item. ])You will be called forward when it is your turn to speak 2) State your name and speak clearly into the microphone 3) Limit your comments to the time allotted 4) Provide any written materials to the meeting Secretary 5) speakers are solely responsible for the content of their statement Date: V/ C6/ Name: (Please Print) �E,a � N ( /1A (2 Ashland Resident: YES ❑ NO City: Agenda Topic/Item Number: OiNrOk :5#��IZ_E� Public Forum Topic (Non-agenda Item): Please respect the order of proceedings and strictly follow the directions of the presiding officer. Behavior or actions which are loud or disruptive are disrespectful and offenders will be requested to leave. Disclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or profane language. I understand that if I do not follow procedure my speaking time may be terminated, and I may be requested to sit down or leave the building. F�AAlSPEAKER REQUEST FORM Submit this form to the meeting Secretary prior to the discussion item. 1)You will be called forward when it is your turn to speak 2) State your name and speak clearly into the microphone 3) Limit your comments to the time allotted 4) Provide any written materials to the meeting Secretary 5) Speakers are solely responsible for the content of their statement Date: Name: (PI ase 'Print) Ashla Resident: YES NO City: Agenda Topic/Item Number: Public Forum To is Non-agenda It C e se respect t e order of procee ngs and strictly follow the directions of th presiding officer. Behavior or actions which are loud or disruptive are disrespectful and offenders will be requested to leave. Disclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or profane language. I understand that if I do not follow procedure my speaking time may be terminated, and I may be requested to sit down or leave the building. SPEAKER REQUEST FORM Submit this form to the meeting Secretary prior to the discussion item. 1)You will be called forward when it is your turn to speak 2) State your name and speak clearly into the microphone 3) Limit your comments to the time allotted 4) Provide any written materials to the meeting Secretary 5) Speakers are solely responsible for the content of their statement Date: (' I ip a5 Name: �DrA 1)(Pieg�s--e PCint) 11C�6 � lJl )Al ' ;Y- Ashland Resident: 0 YES ❑ NO City: Agenda Topic/Item Number: Xt (t. (a)yfql)50 6f S�K Public Forum Topic (Non-agenda Item). h 4 Please respect the order of proceedings and strictly follow the directions of the presiding officer. Behavior or actions which are loud or disruptive are disrespectful and offenders will be requested to leave. Disclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or profane language. I understand that if I do not follow procedure my speaking time may be terminated, and I may be requested to sit down or leave the building. SPEAKER REQUEST FORM ,� Submit this form to the meeting Secretary prior to the discussion item. 1)You will be called forward when it is your turn to speak 2) State your name and speak clearly into the microphone 3) Limit your comments to the time allotted 4) Provide any written materials to the meeting Secretary 5) Speakers are solely responsible for the content of their statement Date: Name: (Please Print 1 G In cG 7"� T Ashland Resident: 4 YES NO City: Agenda Topic/Item Number: X11I ec. Public Forum Topic (Non-agenda Item): Please respect the order of proceedings and strictly follow the directions of the presiding officer. Behavior or actions which are loud or disruptive are disrespectful and offenders will be requested to leave. Disclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or profane language. I understand that if I do not follow procedure my speaking time may be terminated, and I may be requested to sit down or leave the building. Z�o Z a6od 7L. UJ� �� l a4l le Punoi in (D,i, Ir Counci 1 Business Aleeti a Look Ahead XV. OTHER BUST nb Agenda NESS FROM COUNCIL MEMBERS/REPORTS XVI. ADJOURNMENT FROM COUNCIL LIAISONS /f you need special assistance to recorde ashlandore panics business days before the °V°r 549. pate in this meetin to the 488.5307 g please contact meeting meeting will enable the C t po°ne number 1.800.3/5 2900°%dzinski at 9 in compliance with the y make reasonable Americans � Notifrcation at least three Items on the q with Disabilities Act. arrangements to ensure accessibility scheduled Benda not considered Council meeting due to time constraints are g[AMC 2.04.030.(p�(g ** LAND ACKNOWLEDGEMENT CKNO » automatically continued to the next re We acknowledge WLEDGEMENT 9ularly Of the wledge and honor the Shasta Nation aboriginal People We honor the first stews well as the P on whose diverse and vibrant ancestral homelands lands in and isurroundingtstewards in the Rogue Valle Native co a work r the a here toda Band indigenous inhabitants of the y and the lands mmunities who make their ho geography of the Ashland we love and de me here today. the Shasta villa Shasta, Takelma, and Watershed include the Original on: Tribes village ofK'wakhakha- ^ Athabaskan original with ancestral �,. Where the Crow people. We Past, present and future Agendas and Lights,,- that is now the also recognize and acknowledge minutes for City of Ashland Ashland Ci City website,ashlandore �'Plaza. on. ov Council, Commission and Com