HomeMy WebLinkAbout2003-0218 Council Mtg PACKETCouncil Meeting Pkt. ~, ! 1' Y O F
BARBARA CHRISTENSEN
C T¥ 'AS H LAN D
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
February 18, 2003 - 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
I. PLEDGE OF ALLEGIANCE:
I1. ROLL CALL:
III. APPROVAL OF MINUTES: Regular Council Meeting Minutes of February 4, 2002.
IV. EiPECIAL PRESENTATIONS & AWARDS:
d
. Proclamation of February 28, 2003 as Peace Corps Day in Ashland.
V. cONSENT AGENDA:
1. Minutes of Boards, Commissions and Committees.
2. Liquor License Application from Gary Mallicoat dba Ashland Hills Shell at 2495
Ashland Street.
3. Liquor License Application from Steve Apted dba Good Times at 1951 Highway 66.
4. Lithia Spdngs Property.
5. Confirmation of Mayor's appointment of Pam Hammond to the Traffic Safety
Commission for a term to expire April 30, 2003.
VI. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the
subject o£a Land Use Appeal. All hearings must conclude by 9:30 p.m. or be continued
to a subsequent meet, jp.g.) ~
1. Public Hearing af~d First Reading'0f~an Ordinance Modifying Chapter 18.40 of the
Ashland MunicipaFC,.,d~, Laf~d U$~"Ordinance, Allowing Theaters and Similar
Entertainment Uses as a Conditional Use in the E-1 Zone.
VII. PUBLIC FORUM: Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less,
depending on the number of individuals wishing to speak.)
COUNCII., MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT TIlE CITY OF A,. HI, AND S WEB SITE AT WWW.ASHLAND,OR.[JS
VIII. UNFINISHED BUSINESS:
1. Report on change in Food & Beverage Tax.
IX. NEW AND MISCELLANEOUS BUSINESS:
1. Review of Draft 2003-2004 Council Goals.
2. 2003 Citizen Survey.
3. Request for Co-sponsorship of Ashland Independent Film Festival.
X. ORDINANCES, RESOLUTION~ONTRACTS:
--"--~1. Reading by title only of "A~esolution~Protect Civil Liberties."
· -----j;,,~'"'. Reading by title only of "lA"~esoluti~tablishing Cable Television and Internet
"' Rates for the Ashland Fil~er~'
I~' Reading by title only of "~ Resolution~l.~pporting the Oregon Department of
v Transportation, Transpor~illorT'Ell/~cement Grant Application in the amount of
$580,000 for Construction~.j3f,~4~Ashland Multi-Use Path."
[/4. Reading by title only o~"~A Resolution o~he City of Ashland, Jackson County,
Oregon, authorizing theater Reserve Bonds for a total of not to exceed
$2,943,000 and Providing for Publication of Notice."
XI. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM
COUNCIL LIAISONS
XII. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Administrator's office at (541) 488-6002
(TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the
City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-
35.104 ADA Title I).
C OUNCII. MEETINGS ARE BROADCAST LIVE ON CHANNEL9 FA~
VISIT TItE CITY OF ASHLAND'S WEB SITE AT WWW.ASHI.AND.OR.US
· The Peace Corps has become an enduring symbol of our nation's commitment to
encourage progress, create opportunity, and expand development at the grass roots
level in the developing world.
· More than 168,000 Americans have served as Peace Corps Volunteers in 136
countries since 1961.
· Over the past 42 years, 4,764 men and women from the State of Oregon, including a
significant number of them from the City of Ashland, have responded to our nation's
call to serve by joining the Peace Corps.
· Peace Corps Volunteers have made significant and lasting contributions around the
world in agriculture, business, education, health, and the environment, and have
improved the lives of individuals and communities around the world.
· Peace Corps Volunteers have strengthened the ties of friendship and understanding
between the people of the United States and those of other countries.
· Peace Corps Volunteers, enriched by their experiences overseas, have brought their
communities throughout the United States a deeper understanding of other cultures
and traditions, thereby bringing a domestic dividend to our nation.
· It is indeed fitting to recognize the achievements of the Peace Corps and honor its
volunteers, past and present, and reaffirm the country's commitment to helping people
help themselves throughout the world.
NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland,
hereby proclaim February 28, 2003 as
PEA CE CORPS DA Y IN ASHLAND
Dated this 18th day ofFebruary~
Barbara Christensen, City Recorder
CITY OF
-ASHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Approved By:
Liquor License Application from Gary Mallicoat dba Ashland Hills Shell at
2495 Ashland Street
City Recorder/Treasurer
2/18/03
Barbara Christensen
Brian Almquist
Synopsis:
Application process of Oregon Liquor License as provided by OLCC.
Recommendation:
Endorse the application with the £ollowing:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with processing of this application.
Background Information:
Application for liquor license is for a change of ownership.
The City has determined that the license application review by the city is set forth in AMC Chpt. 6.32
which requires that a determination be made to determine if the applicant complies with the city's land
use, business license and restaurant registration requirements (AMC Chpt. 6.32).
In Ma3.' 1999, the council decided it would make the above recommendation on all liquor license
applications.
CITY OF
-ASHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Approved By:
Liquor License Application from Steve Apted dba Good Times at 1951 Hwy 66
City Recorder/Treasurer
2/18/03
Barbara Christensen
Brian Almquist
Synopsis:
Application process of Oregon Liquor License as provided by OLCC.
Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with processing of this application.
Background Information:
Application for liquor license is for a change of ownership.
The City has determined that the license application review by the city is set forth in AMC Chpt. 6.32
which requires that a determination be made to determine if the applicant complies with the city's land
use, business license and restaurant registration requirements (AMC Chpt. 6.32).
In Ma3' 1999, the council decided it would make the above recommendation on all liquor license
applications.
CITY OF
kSHLAND
Council Communication
Title: Lithia Springs Property
Dept: Administration
Date: February 18, 2003
Submitted By: Brian Almquist, Interim City Administr
Synopsis:
Late last year, staff was directed to provide additional information to determine whether there are any
impediments to offering all or part cf the Lithia Springs property for sale. The specific requests were to:
1. Look into the terms of the lease with the Ashland Park & Recreation Commission and the sublease
with the Ashland Gun Club, to determine whether either lease can be canceled before its expiration
in 2009 without legal problems;
2. Determine how much of the property would need to be retained to protect the wells comprising
Lithia Springs and other historic structures; and,
3. Investigate the environmental effects, if any, of lead accumulation on the property leased to the
Ashland Gun Club.
Background:
The Lithia Springs property was acquired around 1914 when the people of Ashland passed a $225,000
bond issue to pipe the water to town. Initially, it was piped to Lithia Park, the railroad station, Camegie
Library, the Plaza, and several hotels. About this same time, a local firm received permission to bottle
the Lithia water and sold it as "table water" as far north as Portland. During the 1950s, another company
manufactured dry ice from the excess CO2, and sold it to fruit and produce shippers on the west coast.
There are a number of wells scattered around the property, since after many years of pumping the Lithia
water tums fresh and a new well must be drilled.
Beginning in 1936, the City Council leased the land to the Ashland Park Commission for recreational use.
Over the years several activities have occurred there including archery, go-carts, motocross, and more
recently, by the Ashland Gun Club. The current lease between the City and the Parks & Recreation
Commission, and a sublease to the Ashland Gun Club, runs through 2009, and both have no provision for
cancellation at an earlier date.
The following is in response to the three questions asked of staff by the City Council:
1. _Le~.at-Bamers: The Ashland Parks & Recreation Commission has subleased the ProPerty to the ::
Ashland Gun Club through May 30, 2009 in order to allow the club to amortize the substantial
improvements they have made to the site including concrete bunkers, targets, target shields, a club
building, parking lot, etc. If the lease were terminated prior to that date, I would expect that the Gun
Club could demand a capital reimbursement, plus damages, for the remainder of the 15-year lease.
2. Protection of the Wells: This question is more complex, in that wells have been drilled on various
parts of the property. Any encroachment by new homes would probably require septic tanks and
drain fields, in addition to new fresh water wells for water supply. Either would threaten both water
quality and quantity of the Lithia source. There is also a question of what effect sales of part of the
land would have on the historic values on the property. Native Americans are known to have camped
near the springs which were thought to have medicinal properties, before the arrival of the settlers
around 1850.
3. Lead Accumulations: A number of years ago, the Gun Club installed concrete bunkers so that the
lead accumulation would be contained and reclaimed. As a result, I do not believe this a problem
with the site. In order to be absolutely certain, we would need to employ an environmental consultant
to do a complete site analysis. I believe the results would not show lead contamination, and would be
very costly.
Recommendation:
It is recommended that due to the legal barriers, Lithia water quality issues, and the historic nature of the
property, that this property be retained in public ownership for the foreseeable future.
Fiscal Impact:
Should the City Council decide to sell the property, staff is unable to access the possible claim for
damages resulting from an early termination of the lease with the Ashland Gun Club. In addition, it is
estimated the cost of an environmental consultant would be about $3,000.
Office of the Mayor
Alan W DeBoer
MEMORANDUM
DATE:
February 12,2003
City Council Members P
TO:
FROM:
Mayor Alan DeBoer
RE:
Appointment to Traffic Safety Commission
February 18. 2003 City Council Meeting
This will confirm my appointment of Pam Hammond to the Traffic Safety Commission
for a term to expire April 30,2003.
The vacancy was created following the resignation of Bill Lambe in January, 2003.
David Dotterrer also recently resigned following his appointment to the Planning
Commission in January, 2003, creating a further vacancy for a term to expire April 30,
2003.
Attached is a copy of the application received in response to the advertisement as it
appeared in the Daily Tidings. The vacancy was also advertised on the City's Web site,
and on the notice board in City Hall.
There is still one vacancy for a term to expire April 30,2003 which will remain open
pending further applications.
Attachment
City of Ashland. 20 East Main Street. Ashland. OR 97520 . (541) 488-6002 . Fax: (541) 488-5311 . Email: awdb@aol.com
'r'
02/11/2003 17:15
5414882842
PADDmGTON STATION
PAGE 01
PADDINGTON
jJSTATIONJi
ASHLAND'S ECLECTIC EMPORIUM
Dear City Recorder,
0 lECIEOVlE ~
.. FEB 1 2 2003
:;J
February 11, 2003
Please consider my application for a volunteer position on the Traffic Safety Commission
for a term that will expire 4/30/03, with an opportunity to be considered for a further
three year term.
I am interested in improving the safety of out' pedestrians through education, enforcement
and engineering. I have been following the Traffic Safety Commissions' progress on
these points for the last year.
I am a Downtown merchant who co-owns Paddington Station for the last ten years with
my husband Don Hammond. I currently serve on the Ashland Chamber of Commerce
Board of Directors and would keep 1he board informed on the commissions meetings. I
have two school age children and am particularly concerned with the dangers of children
and traffic.
Tryou have any questions about my qualifications, please call me at 482-1343 (work) or
482-9642 (home). My home address is 632 Walnut St. in Ashland.
~in~~~~
Pam Hammond
1Il
125 East Main Street · Ashland, Oregon 97520 · (541) 482-1343
Please publish:
Tidings - Saturday, February 1, Tuesday, February 4
Refer to P.O. 58062
Questions? Please call Fran at 488-6002
The City of Ashland has two new vacancies on the TRAFFIC
SAFETY COMMISSION for terms to expire April 30, 2003 with the
opportunity to be considered for further 3-year terms. If you are
interested in being considered for a volunteer position on the Traffic
Safety Commission, please submit your request in writing, with a
copy of your resume (if available) to the City Recorder's office, Addi-
tional information regarding this position can be obtained from the
office of the City Recorder.
APPLY TO: The City Recorder, City Hall, 20 East Main St., Ashland,
APPLY BY: Wednesday, February 12, 2003.
ri. .,
CITY Of
ASHLAND
r'" --,
CITY OF
SHLAND
Council Communication
TITLE:
DEPT:
DATE:
SUBMITTED BY:
APPROVED BY:
Synopsis:
Recommendation:
Fiscal Impact:
Background:
An Ordinance Modifying Chapter 18.40 of the Ashland Municipal Code, Land Use
Ordinance, Allowing Theaters and Similar Entertainment Uses as a Conditional Use in
the E-1 Zone
Department of Community Development
Planning Division
February 18, 2003 Q
John McLaughlin, Director of Community Development
Brian Almquist, Interim City Administrator
Currently, theaters are not an allowed use in the E-1 zone. A modification to uses in the
E-1 zoning district in 1998 inadvertently excluded theaters as a use. This modification
would allow theaters as a conditional use. This action was initiated by the Planning
Commission by majority vote on November 25, 2002. The Planning Commission held a
public hearing on this ordinance amendment on January 14, 2003 at which time they
unanimously recommended adoption by the City Council.
Staff recommends that the Council adopt the ordinance as proposed. There are some
theater groups in the community that are waiting for this amendment to become effective
in order to apply for conditional use permits to allow for performances in the coming
season. Time has been raised as a key factor by these groups. The Council may wish to
consider approving first and second reading of this ordinance at this meeting, and
declaring an emergency to allow the ordinance to become effective immediately. The
ordinance as presented allows for this. If the Council chooses not to declare an
emergency, this section may be removed.
None.
The ordinance, staff report, and minutes of the Planning Commission meeting are
attached.
ORDINANCE NO. _
AN ORDINANCE MODIFYING CHAPTER 18.40 OF THE ASHLAND
MUNICIPAL CODE, LAND USE ORDINANCE, ALLOWING
THEATERS AND SIMILAR ENTERTAINMENT USES AS A
CONDITIONAL USE IN THE E-1 ZONE
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 18.40.030.N- _Conditional Uses_ is added to the Ashland Municipal
Code and shall read:
1. "N. Theaters (excluding drive-in) and similar entertainment uses."
SECTION 2. Declaration of Emergency. The council finding that it is ne~ssary for the
public peace, health, safety and general welfare, an emergency is hereby declared and
this ordinance shall become effective immediately upon its passage by the Council and
approval by the Mayor.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _ day of _, 2003,
and duly PASSED and ADOPTED this __ day of _, 2003.
Barbara M. Chdstensen, City Recorde,
SIGNED and APPROVED this ~ day of _
_,2003.
Alan W. DeBoer, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
ASHLAND PLANNING DEPARTMENT
STAFF REPORT
January 14, 2003
PLANNING ACTION: 2002-135
APPLICANT: City of Ashland
ORDINANCE REFERENCE: 18.40 - Employment Zone (E-1 )
REQUEST: Modification of Chapter 18.40 of the Land Use Ordinance, allowing theaters and
similar entertainment uses as a conditional use.
I. Relevant Facts
Background - History of Application:
The City of Ashland's E-1 zone is designed to aeco~odate a wide variety of uses, from retail
commercial to light industrial. The mix of uses allowed has made this zone very successful for
new and different businesses. However, since several E-1 zoned areas are in close proximity to
residential zones, some uses that may impact those areas have been changed to conditional uses.
In 1998, the City modifed the permitted use of "eating, drinking, entertainment and dancing
establishments" to a pcmfitted use of "restaurants" and a conditional use of"nightclubs and
bars."
However, reference to entertainment and dancing establishments was inadvertently left out of the
amendments.
The recent request regarding the A Street Marketplace Pavilion illustrated the difficulty
associated with applying the "nightclub and bars" definition to an entertainment venue. In order
to address this, this modification has been proposed.
This action was initiated by majority vote of the Planning Commission at the meeting on
November 26, 2002.
Proposed Ordinance:
SECTION 1. Section 18.40.030.N. Conditional Use_ __ s is added to the Ashland Municipal Code and shall
read:
"N. Theaters (excluding drive-in) and similar entertainment uses."
Planning Application 2002-135
Ashland Planning Department Staff Report
Applicant: City of Ashland
Page 1
II.
III.
IV.
Ashland is a community that is well known for its entertainment and theaters. While the
majority of those uses are located within commercial zones (C-I) there are opportunities
for additional uses to be appropriately located within the E-1 zone. It is Staff's opinion
that the addition of"theaters (excluding drive-in) and similar entertainment uses" as a
conditional use in the E-1 zone will further the community's efforts at providing a
successful and lively arts scene.
The conditional use permit process will also ensure that the level of review for such uses
is appropriate given the surrounding uses.
Procedural - Required Burden of Proof
An ordinance amendment such as this is a Legislative Amendment subject to section
18.108.170 of the Land Use Ordinance, which states:
"It may be necessary from time to time to amend the text of the Land Use Ordinance or
make other legislative amendments in order to conform with the comprehensive plan or
to meet other changes in circumstances and conditions. A legislative amendment is a
legislative act solely within the authority of the Council."
Conclusions and Recommendations.
Staff recommends that Planning Commission recommend adoption of the amendments to
the E-lzone allowing theaters and similar entertainment uses as a conditional use. It is
our belief that the additional review associated with conditional use permits will ensure
greater compatibility and reduce potential negative impacts of such uses.
Planning Application 2002-135
Ashland Planning Department StaffReport
A~icant: City__of Ashland
Fire Department.
Medinger said the ditch can handle the water. The land seems to be level, but the grade is pretty steep. They have a nice
separation for parking Widerneath the building. They are tight on impervious surfaces and are motivated to keep as much green
space for the seniors as possible. The engineers are recommending a large drainline. It allows the pipe to take some capacity and
let it out at a slower rate. There is no room to have an above-surface surge protection.
Medinger said with regard to the variances, he thinks it is like a subdivision. It is a piece ofland with varying uses and they
putting parts of the uses in various places. They need to have the complex compact so the seniors can be together.
He said the building has an east/west orientation with a lot of nice windows opening to the sun. There are skylights for daylighting
in the upper floor.
The pedestrian path is a good way for seniors to reach the bus access located diagonally across the park.
Swales wants to make sure in the future since these would be two separate tax lots, that the ramifications have been fully thought
through. Medinger said it would not be profitable for anyone to build only four units.
JENNIFER HENDERSON, 321 Clay Street, said she is active with the Jackson County Housing Coalition. This proposal is an
exciting possibility for improving the lack of affordable housing in Ashland. It addresses OOill, affordable housing in perpetuity
for 51 years, and the faith based community being in partnership with the city.
Chapman had a written question from Elizabeth Cross. Were traffic studies done for this area of Clay Street between Siskiyou and
'Ashland Streets? Will 20 new units change the livability of the neighborhood? Chapman answered that Clay Street is on the
schedule for an upgrade.
Medinger said this project would have a lot less traffic impact than if were developed as an R-I-5 subdivision. This is a population
that does not drive or drives very seldom. The number of caregivers is light because the seniors are still living independently.
Molnar said no traffic study has been done. There is ample capacity for additional trips on the street The biggest concern is the
lack of pedestrian facilities. The Commission could require the applicant to do the front{lge improvements now. Staff would like
to look at the entire section from Siskiyou to Ashland Street as one overall design and ha\.e the applicant put the monies aside in
anticipation of forming a LID.
Rebuttal - None
Staff Response - None
COMMISSIONERS' DISCUSSION AND MOTION
Fields believes this is a great project and good the churches are stepping forward to do this type of development.
Fields moved to approve P A2002-062 and Swales seconded the motion. The motion carried unanimously.
Briggs would like to see Staff prepare a plaque for this project and let the commissioners sign it It is a project we can be proud of.
There was some discussion as to whether or not the Commissioners wanted to postpone any of the Type III actions. Mclaughlin
explained that we usually to the Type II planning actioDS first because by state law we are under a limit of 120 days to make those
decisions. The ordinance amendments are more flexible.
PLANNING ACTION 2002-135
REQUEST FOR AN ORDINANCE AMENDING THE EMPLOYMENT (E-1) CHAPTER 18.40 OF THE ASHLAND MUNICIPAL CODE (LAND
USE ORDINANCE) ADDING THEATERS AS A CONDmONAL USE.
APPLICANT: CITY OF ASHLAND
ASHLAND PlANNING COMMISSION
REGULAR MEETING
MINUTES
JANUARY 14, 2003
7
'.......,.
McLaughlin said this is a pretty straightforward modification of the ordinance. In contrast to what Mr. Lang raised in his
comments about changes happening to benefit those with money or others, most changes occur for the benefit of the community.
In 1998, the ordinance was modified where nightclubs, drinking and entertainment establishments were outright permitted uses in
the E-I zone with a potential to occur next to residential property. The ordinance was amended to limit those conditional uses to
ensure they were put in proper locations. That amendment was not done for the benefit of developers or wealthy property owners,
but for the benefit of the community. Inadvertently, entertainment establishments were left out of that ~endment. Our local
theater scene has been impacted by not having a process allowing theaters even as a conditional use or a permitted use within the
E-l zone. Here is an opportunity go back and look at this and correct a situation. It was noted at the study session that this is seen
as a benefit to the town and economy and a benefit to the overa11livability of Ashland. What is proposed is that theaters,
excluding drive-ins, and similar entertainment uses are written back into the ordinance as a conditional use. It is not outright
permitted, so if there are concerns about the size of theater, parking, hours of operation, proximity to residential zones, these can
all be addressed to ensure that under the proper conditions, a theater would be allowed in the E-l zone. Staff is recommending
approval of the amendment.
JUSTIN LOCKWOOD, 506 Newtown, Medford, OR, 97501
NICOLE LOCKWOOD-HILL, same address
J. Lockwood said they would like to open a very small, modest 35-seat theater in the former Cantwell's building. They want to be
able to at least apply. It seems like everyone would benefit
N. Lockwood-Hill said they operate Art Attack Theater. They saw an opportunity at 310 Oak Street to be cIoserto the center of
town and in a more visible location with parking.
Chapman reiterated Lockwood's remark that passage of this ordinance would at least allow them to apply.
PHIUP LANG, 758 B Street, agrees that we make rules to benefit the community. The B-1 zone was exactly for the best needs of
the community. The obfuscation around this issue has been very impressive and the propaganda has been furious. This all started
because the owner of the A Street Marketplace wants ~ have a theater or wants to have a nightclub or anything he chooses. This
is another example of violating the rules and then re-writing them. The reasons the Council voted to not allow theaters in E-I zone
are stated as part of the record ofPA2oo2-094. There is a compromise solution. There are really two E-l zones. The first B-IA
(Hersey Street area) is an industrial/commercial area and could have theaters as conditional use or even as an allowed use. The
second B-lB zone would not allow theaters because of the R -2 overlay and location in the historic residential district, the lack of
access, narrow streets and all the quality of life issues. It is not to the benefit of the community, it is to the benefit of the
developer. That won't solve the problem of the A Street Marketplace that started this problem in the first place.
KenCaim asked Lang if A Street Marketplace had not been an application, does Lang oppose the night life that is there and the
theaters that sometimes have small poetry readings and plays and other things that happen on A? She said Newandart has plays.
Is that not a theater? Lang said it is not an "official" theater with 1000 people. He said he owns a residential property across the
street from the E-I zone with an R-2 overlay. He thinks it inappropriate to have a "formal" theater of the kind OSF has. KenCairn
asked how big would be okay? Lang said they can talk about it He would trust KenCairn's judgment and discussion. If they are
willing to discuss reasonable limitations, then that's frne. KenCairn said they can limit the use with a conditional use. Lang
doesn't trust that kind of "can do".
Gardiner thought it sounded like the E-IA zone is where Philip Lang lives and bas property and the E-IB zone is where other
people work and have property. There are residences on Hersey street. Lang said the area where Art Attack was on Hersey Street
is not the same as an historical, traditional, quiet residential neighborhood that requires peace and quiet at 11:00 p.rn.
Chapman doesn't remember the peace and quiet on Oak Street. Lang said whatever banging and clanging went on at Oak: Street
Tank and Steel went on during working hours, not 9 to II at night. He loved the break and lunch whistles. They didn't disturb
anyone.
Chapman still goes back to at least letting people apply. They can apply conditions to address the concerns of the neighbors.
Lang believes there needs to be an outside fixed limit.
ASHLAND PlANNING COMMISSION
REGULAR MEETING
MINUTES
JANUARY 14, 2003
8
',....
i
Swales believes Lang is making a distinction between the B-1 zone with the residential overlay and E-l zones where it is purely
employment uses. It is important to look at this carefully.
ERIC NAVICKAS, 711 Faith Avenue, said his largest concern relates to the railroad property. Theater is a broad term that includes
cinemaplexes. Would that be appropriate to our community? Perhaps cinemaplexes should be excluded considering the railroad
property .
KenCairn told Navickas if seating is limited, that would also prevent a cinemaplex from being developed.
MARY ANN STRONG, 191 Orange Avenue, does not believe the Planning Commission has time to look at all the possibilities and
make a decision tonight. Fields said there is a bunch of people doing theater illegally and because it has been brought before us,
there is a timeline. Is the community willing to give this body the authority to allow someone to come forward and ask for special
permission to have a theater? Should we rein this in and make it a big ordinance or should we just modify this one that that allows
bars conditionally but excludes theaters? Weare trying to do a quick remedy for a decision the Council made.
KenCairn explained to Strong that this item has been talked about it before. StatIwent away with those discussions and came up
with a proposed ordinance.
Knox noted that all the legislative items on the agenda have been discussed at study sessions before and in some cases two or three
times.
Swales said it seems there is all of a sudden this rush to bring these things into compliance. There are other avenues. Thompson
said some areas could be rezoned to allow for theaters. When theaters were taken out and the Council had discussion, Councilor
Reid was the only dissenting vote because she was concerned the neighbors had not been properly notified. He believes that
giving a blanket conditional use for the whole B-1 zone, including those with a residential overlay are probably bigger than what
we are considering with this simple change.
KenCairn said a blanket conditional use means a blanket opportunity to have to prove to us that it is a good thing to have happen.
So it is not a blanket anything. It is an opportunity to present a project. It doesn't mean we have to say ''yes''.
Morris said if the zoning is changed to commercial, they can do anything in commercial that is penDitted. KenCairn said then we
would have no control over what happens. .
McLaughlin wondered if Swales is opposed to the use of the theater. What are the impacts? If it is noise, parking and traffic and
those are addressed, what other issues are of concern? lbat is the reason for a conditional use. If there are other issues, those can
be raised and addressed. What are the other issues that would make you not want a theater at all?
Swales said he is not opposed to theater, but a blanket theater use can cover a huge range of sizes and different types of theater.
He thinks there should be more restrictions on where it would go and whether it is residential.
Kistler said that the way it is now. no one can even ask to operate. Swales believes there should be more restrictions that just the
conditional use. '
Fields would not support re-zoning.
McLaughlin explained that the R-overlay in the B-1 zone is to encourage mixed use and have people living within these
environments and baving 24-hour eyes. It adds to the vitality of the area. The primary purpose of the B-1 zone is commercial, not
residential. People are moving into a known commercial environment. It is going to be noisier. But there are benefits to that as
well. You can walk to those uses or shop nearby. Your job might be right there. The residential is secondary to the E-1.
Mclaughlin's concern is that if we get to the point where we are trying to protect the residential so much that we start restricting
the uses that are allowed, then we will stop the job creation part that is the purpose of the E-l zone in the first place. We have to
be careful if we allow too much respect for the residential portion.
Gardiner said he could see a swing shift causing as much impact as a 50-seat theater.
Chapman has no problem with people applying.
ASHLAND PLANNING COMMISSION
REGUlAR MEETING
MINUTES
JANUARY 14. 2003
9
,.....,
Briggs wondered what would happen if someone wanted to put in a cinemaplex. What grounds would we have to deny it?
Mclaughlin said they would look at scale, compatibility, traffic impacts, parking, etc. The whole idea of a conditional use is that
you have far greater discretion than anywhere else.
Gardiner moved to recommend moving this ordinance forward to the City Council. Chapman seconded the motion and it was
approved unanimously.
PlANNING ACTION 2002-086
, REQUEST FOR AN ORDINANCE MODlFYlNG CHAPTER 18.108 AND 18.106 OF THE ASHlAND MUNICIPAL CODE (LAND USE
ORDINANCE) REGARDING APPROVAL STANDARDS FOR ZONE CHANGES AND ANNEXATIONS.
APPUCANT: CITY OF ASHLAND
STAFF REPORT
Molnar said this revision started over a year ago with the Housing Commission trying to address affordable housing through zone
changes and to some degree annexations. We already require affordable housing in annexations. The changes to the annexation
ordinance are to keep it consistent with whatever standards the community decides upon.
Molnar said this is the fourth public meeting on this ordinance change. 1here were some concerns at the August meeting by some
Ashland developers (Greene and Dale) primarily regarding the changes to the annexation affordability requirements. At the
conclusion of that meeting, they agreed to have a meeting with the Greene and Dale. At this time, they have not provided Staff
with any further information.
Zone changes are more subjective than other applications we review. The approval body "may" approve it. It doesn't say "shall".
1he purpose of the ordinance was to provide a basis to approve a zone change based on a formidable commitment by the applicant
to produce affordable housing and guarantee that affordable housing for a period of time. A lot of this came about because of an
application to re-zone the Croman mill site from Industrial to different residential zoning districts and E-l. One of the primary
reasons the applicant was arguing for a re-zone was to meet a public need for affordable housing. As they got into the application
and defined what levels of affordability and what guarantees they would make, that is when the application began to be much more
vague. It finally got down to where the applicants were going to comply with the same affordability levels that are in the current
ordinance for projects within the city limits.
Zone changes and annexations, by their nature, are voluntary acts a property owner is taking. He/she is coming to the city to ask
for the rules to be changed on their property to allow either a more intense use than what is allowed for or a greater density than
what is allowed. 1he feeling was, that as part of annexations and zone changes, the affordability requirement should be much
more stringent to acknowledge the imparting of value on that property. And, the affordable units should be guaranteed to be in the
program a certain number of years.
Molnar said they removed the density bonus provision in zone changes. 1heyadded some additional subsections for complying
with affordable housing requirements. They increased the number of units required. The term of affordability through a restrictive
covenant would be for 60 years. If the applicant was not interested in building affordable units, there is an option that an area in
the project or an amount of land in the project equal to the area needed to build those units would be transferred to a non-profit
affordable housing developer. Those organizations would produce the affordable housing with the restrictive covenants.
Molnar explained the hypothetical example in the packet.
Gardiner wondered if it is possible to combine scenarios. Molnar said that has been discussed, however, they are trying to keep it
simple.
KenCairn asked about the quality of the lower income housing. Molnar said there is some language that they be constructed of
similar quality. McLaughlin said the whole development would be affected by what is built for affordable housing.
Molnar said they would be subject to the city's Site DesignStandards.
PHIUP LANG, 758 B Street, believes this ordinance will not provide affordable housing. How many were developed with Systems
Development Charge (SDC) abatement/density? This amendment will not produce any affordable or even moderate priced
ASHlAND PLANNING COMMISSION 10
REGUlAR MEETING
MINUTES
JANUARY 14, 2003
r
CITY OF
SHLAND
Council Communication
TITLE: Report on Proposed Increase to Food & Beverage Tax to Fund Parks Open Space
and Trails
DEPT: Finance Department
DATE: February 18, 2003
SUBMITTED BY: Lee Tuneberg, Finance Director
APPROVED BY: Brian Almquist, Interim City Administrato( {]3-/
Synopsis:
At their February 4th, 2003, meeting City Council requested a repOrt on the impact of an increase in the
Food & Beverage tax rate from 5% to 6%, dedicating the additional revenue generated for funding the
Parks Improvement Plan.
Recommendation:
If Council wants to refer the tax increase to the public for a vote they should take action by July to
ensure adequate time for the City Recorder to submit the necessary documents to Jackson County for a
September election.
Fiscal Impact:
The proposed budget for FY 2003-2004 would be adjusted to include an additional $336,000 in revenue
from Food & Beverage Tax revenue, transferred to the Parks District for acquiring additional properties.
Background:
The Parks & Recreation Commission has considered many potential sources of revenue to provide
additional funding for The Parks & Recreation Commission capital plan. At the February 4th City
Council meeting, Parks proposed a change in the allocation of the current F&B revenue stream from
20% to Parks for acquisitions and 80% to the Wastewater Fund for debt service to 40% Parks and 60%
Wastewater Fund. This would have necessitated a 14% increase on sewer rates to replace the lost
revenue to the Wastewater fund.
Council requested additional information be provided before considering an increase in the tax rate
instead of the reallocation. Increasing the tax will probably not materially affect the amount of revenue
generated for the Parks as compared to the reallocation. With an estimated increase in revenue of 3%
per year, it estimated that an additional revenue for Parks of $2,780,000 would be generated by
December 2010 (the sunset date of the current tax).
Council Communication
CITY OF
ASHLAND
TITLE:
DEPT:
DATE:
SUBMITTED BY:
APPROVED BY:
2003 Citizen Survey
Administration
February 18,2003
Ann Seltzer
Brian Almquist
Synopsis:
The city has conducted random sample phone surveys in 1995, 1996, 1998 and 2000 and has budgeted
for one in the 2002-2003 fiscal year. The objective of the survey is to gather information from Ashland
residents, which reveal their attitudes about city and government issues, their understanding and
awareness of city programs and satisfaction with these programs and city operations. The more current
views and opinions will be compared to those of residents in 2000 and in 1998 when the baseline survey
was conducted (the survey tool changed considerably from 1995 and 1996).
The survey is conducted by phone to a random sample of 400 Ashland residents. The sample size
allows a margin of error no greater than :t5%.
Fiscal Impact:
The 2002-2003 budget allows $15,000 to conduct the survey (allows for 12 - 15 minutes per call), the
same allotment as in previous years.
Request:
Staff is looking for Mayor and Council input on topics/questions they would like to include in the
upcoming survey. Included with this communication is a copy of staffs proposed questions for the 2003
survey. The proposed timeline requires all input not later than March 10.
Timeline to conduct survey and prepare survey results.
March 10 Final input due from Council.
April 7-21 Conduct survey.
Late April Prepare results.
Early May Present results to council.
Back2round:
In 1998, the City issued an RFP for research firms to conduct a series ofthree citizen surveys. The firm
selected was Scudder and Associates from Eugene, Oregon, now known as Lockwood Research. Upon
completion of the survey, Lockwood Research makes a formal presentation to Council at a study
session, and provides the City with a final detailed report.
A new RFP will be issued for the survey to be conducted in subsequent years.
Results for the 1998 and 2000 are posted on the City's web site. If you prefer a hard copy please let me
know.
~~,
NOTE:
After the 2000 survey was completed in November of that year Council suggested conducting the
survey in the spring to avoid competing with the numerous calls associated with the November
election. Council also expressed some concern about the growing number of people who screen
calls or answer the call and won't participate and the difficulty of getting a representative sample.
There was discussion about weighting the sample size and/or using age and gender quotas. The
following options are available.
I) Weighting:
Weighting uses demographic information from Census data.
For example:
The most recent demographic profile for the City of Ashland based on the 2000 Census indicates
that 12% percent of the population is between the ages of 33 to 44.
I f at the end of the survey, the num ber of respondents reached did not equal the demographic
profile percentage of 12% the responses of the survey could be weighted.
I f 10 of the 400 respondents were between the ages of 33-45--or 4% and 12% of 400 respondents
is 48 people. Weighting would give each of the 10 respondents their own voice plus the "voice"
on.8 others.
2) Gender and Age Quotas
Quotas could be set based on the demographic profile. Using the above figure, callers would
keep calling numbers until they had 48 respondents between the ages of 33 and 45. This would
likely increase the cost ofthe survey because more calls must be made to meet each of the set
quotas.
3) Promote the Survey in Advance
By letting the community know in advance that the City is conducting a phone survey and asking
for their patience and assistance, we may have fewer people screening calls and have more people
willing to participate in the survey. An article about the upcoming survey will be in the March
issue of City Source, information will be sent to the local media and posted on the City's website.
Most of the following questions are the same as the ones in 1998 and 2000. Suggested questions
new to this survey are identified and questions which staff feels should be deleted are italicized.
DRAFT City of Ashland Community Attitude Survey 2003
Hello, my name is and I'm calling from Lockwood Research and today we
are gathering the opinions of Ashland residents regarding the city of Ashland. May I
have 10-12 minutes of your time?
1) Are you 18 years of age or older? (if YES, continue - if No, ask to speak with
someone in the household who is 18 or older. If NO, discontinue politely).
2) Are you registered to vote in Ashland? Yes
No
3) How long have you lived in Ashland? Years Months
(If less than 6 months thank politely and terminate)
First, I would like to get your opinions about the quality of life in Ashland.
************************************************************************
4) Looking back, would you say that life in Ashland, during the last few years, has
generally improved, stayed pretty much the same, or has gotten worse than a few years
ago?
1. improved
2. stayed the same
3. gotten worse
4. don't know/can't rate
5) In your opinion, how responsive is the City of Ashland in addressing and working on
the problems and needs of the community? Using a rating scale where 1 = not at all
responsive and 5 = very responsive, how responsive would you say the City is?
1. not at all responsive
2. somewhat unresponsive
3. neutral
4. somewhat responsive
5. very responsIve
6. don't know/can't rate
6) Do you believe growth and development in Ashland during the past several years has
been too fast, too slow, or just about right?
1. too fast
2. too slow
3. just about right
4. don't know/can't rate
NEW
How important is the city's role in assisting with affordable housing in Ashland? Using a
rating scale from 1 to 5, where 1 = not at all important and 5 = very important, how
important do you feel it is?
. Very important
. Somewhat important
. Neutral
. Not important
NEW (if the answer to the previous question is very important or somewhat important
ask the following question) Affordable housing requires land, permanent funding and
political will. Which of the following four options do you feel is the best means to fund
affordable housing? (the order of the list will be rotated as it is read to the respondent)
. Increase in the Food and Beverage tax
. Increase the Transient Occupancy Tax (hotel/motel tax)
. Increase Property tax
. Take money from another city program(s)
. If so which program?
. Is there any other funding method you feel is best?
. None of the above
2
~~'--_.
7) How important do you believe it is for the City of Ashland to invest in and encourage
tourism? Please use a rating scale where I = not at all important and 5 = very important.
8) What do you like MOST about living in Ashland? (probe and clarify)
9) What one thing would you change about Ashland to make it a better place to live?
(probe and clarify)
10) Now I am going to ask about various aspects of life in Ashland and would like to
know in your opinion if each aspect has gotten better, worse, or stayed the same over the
past year or two. Using a rating scale of 1 - 5 with 1 = MUCH WORSE and 5 = MUCH
BETTER and 3 = STAYED the SAME. (the order of the list will be rotated as it is read
to the respondent)
1. Recreational opportunities for young people
2. Availability of affordable housing
3. Employment opportunities
4. Traffic congestion in Ashland
5. Recreational opportunities for adults
6. Social services for the financially disadvantaged
7. Recycling opportunities
8. Availability of senior services
9. The character of downtown
10. Citizen involvement
11. Availability of parking downtown.
Now, I would like to ask your opinions regarding services provided by the City or
Ashland.
************************************************************************
11) Generally speaking, how satisfied are you with the overall level of services provided
by the City of Ashland? Again, using a rating scale where 1 = not at all satisfied and 5 =
very satisfied, how satisfied are you?
1. very dissatisfied
2. somewhat dissatisfied
3. neutral
4. somewhat satisfied
5. very satisfied
6. don't know/refused
I'm going to read you a list of specific services that the City provides and for each one I
would like you to rate the city's performance using a scale from I to 5, with I = Poor and
5 = Excellent.
12) What kind of job do you think the City is doing with: (the order of this list will be
rotated)
3
.,...... .-.
I. Maintaining City streets
2. Water services
3. Electric services
4. Sewer services
5. Police protection
6. Fire protection
7. Planning for growth and development
8. Providing information to local residents
13) Is there any service that you feel the City should provide but currently does not?
NO YES: (please describe)
13a) Would you be willing to pay for this new service if the City provided it?
NO YES Not sure/Don't know
14) Is there any service that the city currently provides that you feel could be eliminated?
NO YES: (please describe)
15) How safe do you currently feel your neighborhood is? Please use a rating scale
where 1 = Not at ALL safe and 5 = VERY safe.
I. Not at all safe
2. Somewhat safe
3. Neutral
4. Very safe
5. Don't know/Can't rate
My next questions are about City government.
************************************************************************
NEW
How much attention do you pay to City of Ashland government? Would you say:
. A lot
. Some
. Not very much
. Almost no attention
. Don't know (don't read this to the respondent)
NEW
In a typical week, how many times would you say you see or hear or talk about
something related to City of Ashland government? Would you say:
. A lot
. Some
. Not very much
. Almost never
. Don't know (don't read to respondent)
4
..,.......~...._.-
16) Generally speaking, how satisfied are you with the opportunities provided to the
citizens of Ashland to give input on City decisions? Again, using a rating scale where
1 - not at all satisfied and 5 = very satisfied, how satisfied are you?
1. Very dissatisfied
2. Somewhat satisfied
3. Neutral
4. Somewhat satisfied
5. Very satisfied
6. Don't know/Refused
17) Thinking of the community as a whole, how much trust is there in local government?
Use of rating scale where 1 = No trust at all and 5 = a lot of trust.
1. No trust at all
2. Hardly any
3. Neutral
4. Some trust
5. A lot of trust
6. Don't know/Refused
18) Have you watched a city council meeting on Cable Access TV in the last year?
YES NO
19) Have you attended a city council meeting in person in the last year?
YES NO
20) Are you willing to participate in city government? YES NO
If yes, in what way? (probe and clarifY)
21) During the past 12 months, have you had contact with anyone at the City?
YES NO Don't recall
21a) If yes: How would you rate the courteousness of the staff? Use a scale, with
1 = Poor and 5 = Excellent.
1. Very poor
2. Somewhat poor
3. Neutral
4. Very courteous
S. Excellent
22) How would you rate the overall quality of the work performed by City employees?
Use the same scale, with 1 = Poor and 5 = Excellent
23) How would you rate the how effectively City money is being used? Use the same 1
to 5 scale with 1 = Poor and 5 = Excellent.
24) Are there any City imposed taxes and/or fines that you feel are unnecessary? If yes,
which one(s)? No Not sure/Don't know
5
.,....---.--.
25) What improvements, if any, do you think the City government could make? (Don't
read list. Probe and clarify)
. Citizen access to City council members
. Citizen opportunities to voice opinions and feelings
. more neighborhood meetings
. other
26) Switching to transportation. In the course of an average month, how many times, if
any do you ride an R VTD bus?
1. None
2. Occasionally, but less than once a month
3. Once a month
4.2 times
5. 3-5 times
6.6- 10 times
7. More than 11 times per month
27) In the course of an average month, how many times, if any, does any member of your
immediate family's ride an RVTD bus?
1. None
2. Occasionally, but less than once a month
3. Once a month
4. 2 times
5. 3 - 5 times
6.6- 10 times
7. More than 11 times
DELETE
28) Generally speaking, when you visit downtown Ashland do youfind locating a parking
space to be easy or difjicult? (probe for very or somewhat)
29) When driving in downtown Ashland during the summer months, where do you first
lookfor available parking?
The Plaza
Other
30) When parking in downtown Ashland during a typical Monday through Friday during
normal working hours, how often do you typically have to move your car to avoid
getting a parking ticket?
1. Don't have to move the car, typically finished before parking expires
2, Once
3, Twice
6
T'"''' --
The last topic to cover is about information sources.
************************************************************************
NEW
In terms of keeping citizens informed about what is happening in city government--how
good ofajob do you think Ashland City government does at that? Would you say...
. Excellent
. Good
. Fair
. Poor
. Don't know (don't read this to the respondent)
NEW
The following is a list of topics that people sometimes want to know about their city
government. As I read each one, tell me how often you have tried to get information on
that topic-if ever. For each one, tell me whether you have looked for that type of
information frequently, sometimes, seldom, or never. First, how often have you looked
for information about (rotate the list)
. The city budget, including spending, taxes & fess,
. Conservation programs
. Police services
. City utilities like electricity, sewer, water
. Ashland Fiber Network
. Fire protection services
. Licenses and permits
. Mayor and City Council
. Planning issues
. Ways to get involved with City government
31) I am going to read a list of information sources. For each one tell me how often you
use or refer to it as a source for obtaining information about Ashland. Would you say
you always, sometimes, rarely or never refer to (insert list item, list will be rotated) as
a source for obtaining information about Ashland.
. Cable Access TV
. TV news programs
. Community or neighborhood meetings
. Free newspapers such as Sneak Preview
. Ashland Daily tidings
. Medford Mail Tribune
. Radio
. Utility bill inserts
· Ashland City Source - the quarterly newsletter
· Ashland City's web page
. City council meetings/Planning Commission meetings
7
,...... -.-
32) Does your household have a personal computer-meaning an IBM compatible or
Macintosh computer, or any computer on which you can do more than simply play
games? YES NO NOT SURE
33) And do you or someone else in your household use that computer to connect to the
Internet? YES NO NOT SURE
NEW
The use of the Internet to conduct business has grown considerably. Which of the
following city services would you like to be able to do on the Internet?
. Pay utility bills
. Apply and pay for permits, licenses
. Pay for parking tickets
. Access tax lots
. Other
My last questions are for demographic purposes only.
************************************************************************
34) If employed, is your place of work located in Ashland?
. Not employed, looking for work
. Not employed, retired
. V olunteer work
. Employed, work outside Ashland
. Employed, work in Ashland (continue with 34b)
. Don't know/Refused
34b) Do you work in downtown Ashland?
NO (continue with question 35) YES (continue with question 34c)
34c) When going to work downtown, how many days per week do you: (insert mode
of transportation)
. Drive alone (continue with question 34d)
. Carpool
. ride the bus
. Walk
. Bike
. Get dropped off
34d) This past summer when you drove to downtown to work, how far away did you park
your car from your workplace?
. 0 blocklonsite parking
. Blocks
. Miles
35) Do you own or rent your home?
. Own
. Rent
8
.............",........_'
36) Do you have children under the age of 18 living in your home?
Yes (continue to question 36a) NO Part-time/Occasionally
36a) Do you ever drive children to school more than twice a week?
Yes (continue with question 36c) NO Part-time/Occasionally
36b) What are some of the reasons you drive children to school?
. Bus service is not available where we live
. Children have before/after school activities
. On the way to work/other activities
. Security/safety concerns
. Other
37) I am going to read some age ranges and I would like you to stop me when I read the
range that includes your age.
18 - 24
25 - 34
35 - 44
45 - 54
55 - 64
65 and older
Refused
38) I am going to read some broad income ranges and I would like you to stop me when I
read the range that includes your combined household income before taxes.
Under $15,000
$15,000 - $24,999
$25,000 - $34,999
$35,000 - $49,999
$50,000 - $74,999
$75,000 or more
don't know/Refused
39) We've covered a lot of topics in our survey and in closing I would just like to get
your opinion on what you feel are the biggest issues facing Ashland over the next 5
years? (probe and clarifY)
Thank you very much for your time. Have a nice day/evening.
40) Record respondents gender. Male/Female
9
id--
CITY OF
SHLAND
Council Communication
Title: Resolution to Protect Civil Liberties
Dept: Legal Department
Date: February 18, 2003
Submitted By: Paul Nolte ~
Approved By: Brian AlmouJs, t/~/
Synopsis:
This resolution addresses constitutional concerns raised by the adoption of the USA Patriot Act signed
into law by President Bush on October 26, 2001. The resolution reaffirms the city's commitment to the
civil rights and liberties of all citizens and directs the Ashland Police Department to continue to
recognize those rights when responding to any federal agency requests under, or enforcement of, the
USA Patriot Act.
The altemative resolution incorporates many of the principles and protections of the first resolution
albeit in a less specific fashion.
Recommendations:
Adoption of either resolution would reaffirm the city's commitment to preserving and protecting thc
civil rights and liberties of all citizens as provided in thc U.S. Constitution and the Oregon Constitution.
Both resolutions provide direction to the police department as to its responsibilities in dealing with
federal law and policies related to the USA Patriot Act.
Fiscal Impact:
Undetermined. No analysis has been made as to thc effect of the resolution on city/federal agency law
enforcement cooperation or whether adoption of the resolution would affect any existing or future
federal govemment grants.
Background:
The resolution was brought to the council by Paul Copeland and a community group informally known
as the Ashland Patriots. Changes to this resolution, as indicated on the resolution itself, were made after
consultation with the proponents. While most changes were accepted by consensus, the actual language
of the changes has not been reviewed by the proponents due to time constraints.
1 - G:~IegalU3AUL\ORD\P~Patriot Act\Pal~iot Act Resolution 2-13 oc.wpd
The recitals in the original version remain virtually unchanged except for formatting. No comprehensive
analysis of the USA Patriot Act was possible in the short time-frame available. A perfunctory review of
the USA Patriot Act sections cited in the recitals indicate that the citations are correct and that they could
be interpreted in the manner suggested. Because of time constraints, no review of any kind was made of
the cases, guidelines, memorandum, federal regulations or orders referenced in the recitals.
The change in section 2.A was made to make it possible for the city's police officers to act in those
circumstances requiring immediate action and where it is clear enforcement of the Patriot Act is not
involved (e.g. threatened deadly force against a federal agent).
The change in 2.C was made to make it consistent with the protected categories listed in section 1 and to
allow investigation of crimes specifically focused on protected classes (e.g. hate crimes).
Section 2.D was changed to allow continuance of non-announced searches permitted under Oregon law,
including wiretaps and mobile trackers. These searches are only allowed to investigate state crimes after
application to, and approval by, a s~ate court judge.
Section 2.E was changed to make it clear that the police department would not participate in any federal
program of clandestine civilian action. State law prohibits such participation otherwise. See section 2.B
and the reference to ORS 181.575.
Because the city lacks jurisdiction over schools and libraries, the consensus was to delete sections 3 and
4, but to notify the schools and libraries of the action taken by the city in this resolution. See renumbered
section 4.D.
Finally section 5 (renumbered to 3) was changed so that the onus was not placed upon the city
administrator to poll all agencies who may operate under the authority of the USA Patriot Act or to
assess the impact of it on Ashland citizens.
2- G:~legal~PAUL\ORD\P~atriot Act\Patriot Act Resolution 2-13 cc.wpd
RESOLUTION NO. 2003-
RESOLUTION TO PROTECT CIVIL LIBERTIES
Note: The resolution presented to the council by Paul Copeland on January 30, 2003,
is presented below with modifications drafted by the city attorney's office. Deletions to
the resolution presented are ¢b'ted4C'm~gh and additions are underlined.
Recitals:
A.~. WHERE~The City of Ashland is proud of its commitment to protectif~j the
civil rights and liberties of its residents and believes that the preservation of civil rights
and liberties is essential to the well-being of a democratic society; and
B.~. VW-IERE~The City of Ashland believes that there is no inherent conflict
between national security and the preservation of liberty and that government can
protect public safety without impairing civil rights and liberties; and
C._~. ~/HERE-~The new federal anti-terrorism policies may pose a threat to the
civil rights and liberties of all persons within the City of Ashland, and a particular threat to
those who are immigrants, Muslims, or people of Arab or South Asian descent; and
D_~. VVH-~The First Amendment of the United States Constitution specifies
that no law be made "respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the press; or the right of the
people peaceably to assemble, and to petition the govemment for a redress of
grievances"; and
E._~. V~--IE~The Fourth Amendment declares that "the right of the people to
be secure in their persons, houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated; and no warrants shall issue, but upon probable
cause, supported by oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized"; and
F.~R.-FERE~S-~The Fifth Amendment states that no person "shall be compelled in
any criminal case to be a witness against himself, nor be deprived of life, liberty, or
property, without due process of law"; and
G. VVHER~The Sixth Amendment guarantees defendants "the right to a
speedy and public trial, by an impartial jury .... and to be informed of the nature and
cause of the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the assistance of
counsel for his defense"; and
H. WHEREA~-~The Eighth Amendment states that "excessive bail shall not be
required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"; and
1 - Resolution G:~legal~PAUL\ORD~:N~atriot Act~Palriot Act Resolution 2-13.wpd
I. W~-REA-S~The Fourteenth Amendment prohibits the government from
denying "to any person within its jurisdiction the equal protection of the laws"; and
J. WHER~Federal policies adopted since September 11, 2001, including
provisions in the USA PATRIOT Act (Public Law 107-56) and related executive orders,
regulations and actions may threaten fundamental civil rights and liberties by being
interpreted to:
(s)l. Authorizing the indefinite incarceration or deportation of non-citizens
even if they have not committed a crime (USA PATRIOT Act, Sections 411 and
412);
(b)2.Limiting judicial supervision and civil liberties protections in the
application of telephone and internet surveillance (USA PATRIOT Act, Section
216);
- (c)3. Expanding the authority of federal agents to conduct secret searches
so that the subject of a search warrant is unaware that the property has been
searched (USA PATRIOT Act, Section 213);
(d)4. Granting law enforcement and intelligence agencies broad access to
sensitive medical, mental health, library, business, financial, educational, and
other records about individuals without first showing probable cause or evidence
of a crime (USA PATRIOT Act, Sections 215, 218, 219, 358, 507, and 508);
(e)5. Limiting constitutionally protected speech through unchecked
authority of the Attorney General and the Secretary of State to designate domestic
groups as "terrorist organizations" using overbroad definitions of "terrorism" (USA
PATRIOT Act, Section 411 );
(f)6. Authorizing the indefinite incarceration of citizens designated by the
President as "enemy combatants" without access to counsel or meaningful
recourse to the federal courts (see Harndi and Padilla cases);
(g)7. Authorizing the FEll to conduct surveillance of religious services,
internet chatrooms, political demonstrations, and other public meetings without
evidence that a crime has been or may be committed (Attorney General's
guidelines and procedures relating to criminal investigations and national security,
issued May 30, 2002);
(h)8. Limiting the disclosure of public documents and records under the
Freedom of Information Act ("Memorandum for Heads of all Federal Departments
and Agencies," Attorney General John Ashcroft, Oct. 12, 2001);
(i)9. Permitting wiretapping of conversations between federal prisoners and
their lawyers (28 CFR 501.3); and
2- Resolution G:~iegal~PAUL\ORD~P~Patriot Ac6Patriot Act Resolution 2-13.wpd
(j)10. Establishing secret military tribunals for terrorism suspects (Military
Order, Nov. 13, 2001);
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
Section 1. The City of Ashland affirms its commitment to preserve the constitutional
rights of all persons within the City of Ashland, including equal protection of the laws,
freedom of speech, religion, and assembly, freedom from unreasonable search and
seizure, and privacy, without regard to race, ethnicity, national odgin, religion, age,
sexual orientation, gender, economic status, marital status, citizenship status, or
disability.
Section 2. The City of Ashland directs the Ashland Police Department:
A. To request written assurance from the applicable federal authority, when an
individual in the custody of the City of Ashland who is not a member of the U.S. military
forces is to be placed in federal c' :tody under the authority of the USA PATRIOT Act,
that the individual will not be subjected to military detention, secret detention, secret
immigration proceedings, or detention without access to counsel, and to refrain from
assisting the federal authority in obtaining custody of that individual absent such
assurance;
B. To continue to determine particularized suspicion of criminal activity before
engaging in surveillance of individuals or groups, and to refrain, whether acting alone or
with other law enforcement agencies, from collecting or maintaining information about
the political, religious or social views, associations or activities of any individual or group
unless such information directly relates to a cdminal investigation (in accordance with
ORS 181.575);
C. To continue to carry out investigations without regard to race, religion, ethnicity
or national origin, age, sexual orientation, gender, economic status, marital status,
citizenship status or disability, except when such factors are part of the description of a
particular suspect, or an element of a state cdme, and to refrain from participating in
enforcement of federal immigration laws, which are the responsibility of the Immigration
and Naturalization Service (in accordance with ORS 181.850);
D. Except as provided in ORS 133.724, 133.726 and 133.619, :Fto continue to
provide prior or simultaneous notice of the execution of a search warrant within the City
of Ashland to the person whose property is the subject of such a warrant, and to refrain
from participating in a joint search with any law enforcement agency ~bs~,'~t
thato,.,,.,,'-, ,-A,~,,,,.,~': ..... ,v,,,:" ,.,~'-- provld~d where prior notice has not been given to the subject
pursuant to section 213 of the USA PATRIOT Act; and
E. To refrain from undertaking or participating in any federal clandestine program
such as the Terrorism Information and Prevention System (TIPS), which encourages
members of the general public to spy on their neighbors, colleagues or customers, while
3- Resolution G:~legal~PAUL~::)RD~cSPatriot Act~Patriot Act ResolulJon 2-13.wpd
continuing to participate in programs such as Amber Alert which depend on widespread
dissemination to the public of information relevant to specific criminal activity.
J, JIUIIIIIl~;;llLI.y II~JLII)' CEll IILJIC]I.? I,.JC3LI~,;IIO LIIC3L LII~;II IJ~;IO~,.JIIC;il IIL,FIC31.,,V I~;~.,Ul~lO IIl""a.~ LJq~ q,..JB,.,FLC~IIIC;~4
ODblq~Ll~f U.y LIID 1~,.4~1C~1 ~../VDIIIIIIDIII. IJMIO~,4C311L LU OD~..~LIUII ~.- I~ ~.,/I LIID ~..,/UI--A I /--~.1 I%lg I ~'"'~.~L.
Section 53. The City of Ashland .,:_A,~
_ ~,,~,Lo ~,~ ~,,Ly ~,,~,,o~,ci~,, L~, F,~u,~,c~liy S~.~
IIIl~llllC]~,l~k.;ll II~/lll IGUGIC;;II CiMLII~.IIILI~O C;ilIM LIr'lllOllllL C:31111UClII,)' L~,; LI I~;;; VIL.,,V Vl~JUl I~.;1! CIII
.......... t ,L._ ~;~pact "':'~':- _ ,-,:,..
ooo~oo,,,,~, ,t ,.,, ,, ,~ ,,,,,,,, th~ ,.,,.y ,.,, ,-,o, ,,o, ,,., re§ardbg requests that the U.S.
Attorney's Office, the Office of the Federal Bureau of Investigation, the Oregon State
Police, and any other Federal, State law enforcement officials and local law enforcement
with any such information report annually to the Ashland City Council the extent and
manner in which they have acted within the City of Ashland under the USA PATRIOT Act
and new Executive Orders, including but not limited to disclosing:
A. The names of all residents of the City of Ashland who have been arrested or
otherwise detained by federal authorities as a result of terrorism investigations since
September 11,2001; the location of each detainee; the circumstances that led to each
detention; the charges, if any, lodged against each detainee; and the name of counsel, if
any, representing each detainee;
B. The number of search warrants that have been executed in the City of Ashland
without prior notice to the subject of the warrant pursuant to section 213 of the USA
PATRIOT Act;
C. The extent of electronic surveillance carried out in the City of Ashland under
the Foreign Intelligence Surveillance Act or powers granted in the USA PATRIOT Act;
D. The extent to which federal authorities are monitoring political meetings,
religious gatherings, or other activities protected by the First Amendment within the City
of Ashland;
E. The number of times education records have been obtained from public
schools and institutions of higher learning in the City of Ashland under section 507 of the
USA PATRIOT Act;
F. The number of times library records have been obtained from libraries within
the City of Ashland under section 215 of the USA PATRIOT Act; and
G. The number of times that records of book purchases have been obtained from
bookstores within the City of Ashland under section 215 of the USA PATRIOT Act.
4- Resolution G:~legal~PAUL~ORD~°atriot Act~Patriot Act Resolution 2-13.wpd
Section 64_. The City of Ashland directs the City Administrator to transmit a copy of this
resolution:
A. To Oregon's United States Senators and Congresspersons, accompanied by a
letter urging them to monitor federal anti-terrorism tactics and work to repeal provisions
of the USA PATRIOT Act and other laws and regulations that infringe on civil rights and
liberties;
B. To Governor Kulongoski, State Legislators representing Ashland, and leaders
of the State Legislature, accompanied by a letter urging them to ensure that state anti-
terrorism laws and policies be implemented in a manner that does not infringe on civil
liberties as set forth in this resolution; and
C. To President Bush and Attorney General Ashcroft; and
D. To Jackson County, the Jackson County Library, Southern Oregon University
and Ashland School District #5.
Section 5. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
[}2.04.090 duly PASSED and ADOPTED this ~ day of ,2003.
Barbara Christensen, City Recorder
SIGNED and APPROVED this __ day of ,2003.
Alan W. DeBoer, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
5- Resolution GNegal~PAUL\ORD~C~Oalriot Act~Patriot Act Resolution 2-13.wpd
RESOLUTION NO. 2003-
RESOLUTION TO PROTECT CIVIL LIBERTIES
INote: This resolution is an altemative to the resolution presented to the council by I
Paul Cope/and on January 30, 2003.
I
Recitals:
A. The City of Ashland is proud of its commitment to protecting civil liberties under the
U.S. Constitution and the Oregon Constitution and believes that the preservation of civil
rights and liberties is essential to the well-being of a democratic society; and
B. The City of Ashland affirms its strong opposition to terrorism and believes there is no
inherent conflict between national security and the preservation of liberty and that
government can protect public safety without impairing civil rights and liberties; and
C. The new federal USA Patriot Act and related federal anti-terrorism regulations and
policies could create a conflict with the U.S. Constitution and the Oregon Constitution;
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
Section 1. The City of Ashland affirms its commitment to the civil rights and liberties
protected under the U.S. Constitution and the Oregon Constitution.
Section 2. The City of Ashland directs the Ashland Police Department to carry out its
functions in accord with Section 1 above and more specifically:
A. To request written assurance before transferring an individual in the custody
of the police department, who is not a member of the Armed Forces, to a federal
authority seeking custody under the USA PATRIOT Act, that the individual will not be
subjected to military detention, secret detention, secret immigration proceedings, or
detention without access to counsel;
B. To continue to determine particularized suspicion of criminal activity before
engaging in surveillance of individuals or groups, and to refrain, whether acting alone or
with other law enforcement agencies, from collecting or maintaining information about
the political, religious or social views, associations or activities of any individual or group
unless such information directly relates to a criminal investigation (in accordance with
ORS 181.575);
C. To continue to carry out investigations without regard to race, religion,
ethnicity or national origin, age, sexual orientation, gender, economic status, marital
status, citizenship status or disability, except when such factors are part of the
description of a particular suspect, or an element of a state crime, and to comply with
ORS 187.150 in the enforcement of federal immigration laws.
1- Resolution G:\IegaI~PAUL\ORD\P\Patfiot Act\Patriot Act Resolution 2-13 altemative.wpd
D. Except as provided in ORS 133.724, 133.726 and 133.619, to continue to
provide prior or simultaneous notice of the execution of a search warrant within the City
of Ashland to the person whose property is the subject of such a warrant, and to refrain
from participating in a joint search with any law enforcement agency where prior notice
has not been given to the subject pursuant to section 213 of the USA PATRIOT Act;
and
Section 3. The City of Ashland urges federal law enforcement officials working within
the City to carry out their functions in accord with Section 1.
Section 4. The City Administrator is directed to transmit a copy of this resolution to
Oregon's elected officials in Congress, to the Governor and to the members of the
Legislature representing Ashland, to President George Bush, to Attorney General John
Ashcroft, to Jackson County and the Jackson County Library, School District #5 and
Southern Oregon University.
Section 5. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this __ day of ,2003.
Barbara Christensen, City Recorder
SIGNED and APPROVED this __ day of ., 2003.
Alan W. DeBoer, Mayor
Paul Nolte, City Attorney
2- Resolution G:\IegaI\PAUL\ORD\P\Patdot Act\Patriot Act Resolution 2-13 alternative.wpd
RESOLUTION NO. 2003-
RESOLUTION TO PROTECT CIVIL LIBERTIES
I
Note: This resolution is an alternative to the resolution presented to the council by I
Paul Copeland on January 30, 2003.
I
Recitals:
A. The City of Ashland is proud of its commitment to protecting civil liberties under the
U.S. Constitution and the Oregon Constitution and believes that the preservation of civil
rights and liberties is essential to the well-being of a democratic society; and
B. The City of Ashland affirms its strong opposition to terrorism and believes there is no
inherent conflict between national security and the preservation of liberty and that
government can protect public safety without impairing civil rights and liberties; and
C. The new federal USA Patriot Act and related federal anti-terrorism regulations and
policies could create a conflict with the U.S. Constitution and the Oregon Constitution;
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
Section 1. The City of Ashland affirms its commitment to the civil rights and liberties
protected under the U.S. Constitution and the Oregon Constitution.
Section 2. The City of Ashland directs the Ashland Police Department to carry out its
functions in accord with Section 1 above and more specifically:
A. To request written assurance before transferring an individual in the custody
of the police department, who is not a member of the Armed Forces, to a federal
authority seeking custody under the USA PATRIOT Act, that the individual will not be
subjected to military detention, secret detention, secret immigration proceedings, or
detention without access to counsel;
B. To continue to determine particularized suspicion of criminal activity before
engaging in surveillance of individuals or groups, and to refrain, whether acting alone or
with other law enforcement agencies, from collecting or maintaining information about
the political, religious or social views, associations or activities of any individual or group
unless such information directly relates to a criminal investigation (in accordance with
ORS 181.575);
C. To continue to carry out investigations without regard to race, religion,
ethnicity or national origin, age, sexual orientation, gender, economic status, marital
status, citizenship status or disability, except when such factors are part of the
description of a particular suspect, or an element of a state crime, and to comply with
ORS 187.150 in the enforcement of federal immigration laws.
1 - Resolution G:\legal\PAUL\ORD\P\Patriot Act\Patriot Act Resolution 2-13 alternative.wpd
D. Except as provided in ORS 133.724, 133.726 and 133.619, to continue to
provide prior or simultaneous notice of the execution of a search warrant within the City
of Ashland to the person whose property is the subject of such a warrant, and to refrain
from participating in a joint search with any law enforcement agency where prior notice
has not been given to the subject pursuant to section 213 of the USA PATRIOT Act;
and
Section 3. The City of Ashland urges federal law enforcement officials working within
the City to carry out their functions in accord with Section 1.
Section 4. The City Administrator is directed to transmit a copy of this resolution to
Oregon's elected officials in Congress, to the Governor and to the members of the
Legislature representing Ashland, to President George Bush, to Attorney General John
Ashcroft, to Jackson County and the Jackson County Library, School District #5 and
Southern Oregon University.
Section 5. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this __ day of ,2003.
Barbara Christensen, City Recorder
SIGNED and APPROVED this __ day of ,2003.
Alan W. DeBoer, Mayor
Renewed as to form:
Paul Nolte, City Attorney
2- Resolution G:\legal\PAUL\ORD\P\Patriot Act\Patriot Act Resolution 2-13 alternative.wpd
RESOLUTION NO. 2003-
RESOLUTION TO PROTECT CIVIL LIBERTIES
Note: The resolution presented to the council by Paul Copeland on January 30, 2003,
is presented below with modifications drafted by the city attorney's office. Deletions to
the resolution presented are ~ and additions are underlined.
Recitals:
A__=. WHE~The City of Ashland is proud of its commitment to protectiftg the
civil rights and liberties of its residents and believes that the preservation of civil rights
and liberties is essential to the well-being of a democratic society; and
B_. WH~The City of Ashland believes that there is no inherent conflict
between national security and the preservation of liberty and that government can
protect public safety without impairing civil rights and liberties; and
C_=. ~44-~The new federal anti-terrorism policies may pose a threat to the
civil rights and liberties of all persons within the City of Ashland, and a particular threat to
those who are immigrants, Muslims, or people of Arab or South Asian descent; and
D_. ~H-~The First Amendment of the United States Constitution specifies
that no law be made "respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the press; or the right of the
people peaceably to assemble, and to petition the government for a redress of
grievances"; and
E_. ~r-F~The Fourth Amendment declares that "the right of the people to
be secure in their persons, houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated; and no warrants shall issue, but upon probable
cause, supported by oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized"; and
F. W+4EREA~74The Fifth Amendment states that no person "shall be compelled in
any criminal case to be a witness against himself, nor be deprived of life, liberty, or
property, without due process of law"; and
G. W+fl-E-R-E-/k-S~The Sixth Amendment guarantees defendants "the right to a
speedy and public trial, by an impartial jury .... and to be informed of the nature and
cause of the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the assistance of
counsel for his defense"; and
H. ~4ER~The Eighth Amendment states that "excessive bail shall not be
required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"; and
1 - Resolution G:\legal\PAUL\ORD\P\Patriot Act\Patriot Act Resolution 2-13.wpd
I. ~4ERE~The Fourteenth Amendment prohibits the government from
denying "to any person within its jurisdiction the equal protection of the laws"; and
J. ~HERE~Federal policies adopted since September 11, 2001, including
provisions in the USA PATRIOT Act (Public Law 107-56) and related executive orders,
regulations and actions may threaten fundamental civil rights and liberties by being
interpreted to:
(~)1. Authorizing the indefinite incarceration or deportation of non-citizens
even if they have not committed a crime (USA PATRIOT Act, Sections 411 and
412);
(b)2.Limiting judicial supervision and civil liberties protections in the
application of telephone and internet surveillance (USA PATRIOT Act, Section
216);
(c)3. Expanding the authority of federal agents to conduct secret searches
so that the subject of a search warrant is unaware that the property has been
searched (USA PATRIOT Act, Section 213);
(d)4. Granting law enforcement and intelligence agencies broad access to
sensitive medical, mental health, library, business, financial, educational, and
other records about individuals without first showing probable cause or evidence
of a crime (USA PATRIOT Act, Sections 215, 218, 219,358,507, and 508);
(e)5. Limiting constitutionally protected speech through unchecked
authority of the Attorney General and the Secretary of State to designate domestic
groups as "terrorist organizations" using overbroad definitions of "terrorism" (USA
PATRIOT Act, Section 411);
(f)6. Authorizing the indefinite incarceration of citizens designated by the
President as "enemy combatants" without access to counsel or meaningful
recourse to the federal courts (see Hamdi and Padilla cases);
(,.q)7. Authorizing the FBI to conduct surveillance of religious services,
internet chatrooms, political demonstrations, and other public meetings without
evidence that a crime has been or may be committed (Attorney General's
guidelines and procedures relating to criminal investigations and national security,
issued May 30, 2002);
(h)8. Limiting the disclosure of public documents and records under the
Freedom of Information Act ("Memorandum for Heads of all Federal Departments
and Agencies," Attorney General John Ashcroft, Oct. 12, 2001);
(i)9. Permitting wiretapping of conversations between federal prisoners and
their lawyers (28 CFR 501.3); and
2- Resolution G:\legal\PAUL\ORD\P\Patriot Act\Patriot Act Resolution 2-13.wpd
(j)10. Establishing secret military tribunals for terrorism suspects (Military
Order, Nov. 13, 2001);
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
Section 1. The City of Ashland affirms its commitment to preserve the constitutional
rights of all persons within the City of Ashland, including equal protection of the laws,
freedom of speech, religion, and assembly, freedom from unreasonable search and
seizure, and privacy, without regard to race, ethnicity, national origin, religion, age,
sexual orientation, gender, economic status, marital status, citizenship status, or
disability.
Section 2. The City of Ashland directs the Ashland Police Department:
A. To request written assurance from the applicable federal authority, when an
individual in the custody of the City of Ashland who is not a member of the U.S. military
forces is to be placed in federal custody under the authority of the USA PATRIOT Act,
that the individual will not be subjected to military detention, secret detention, secret
immigration proceedings, or detention without access to counsel, and to refrain from
assisting the federal authority in obtaining custody of that individual absent such
assurance;
B. To continue to determine particularized suspicion of criminal activity before
engaging in surveillance of individuals or groups, and to refrain, whether acting alone or
with other law enforcement agencies, from collecting or maintaining information about
the political, religious or social views, associations or activities of any individual or group
unless such information directly relates to a criminal investigation (in accordance with
ORS 181.575);
C. To continue to carry out investigations without regard to race, religion, ethnicity
or national origin, age, sexual orientation, gender, economic status, marital status,
citizenship status or disability, except when such factors are part of the description of a
particular suspect, or an element of a state crime, and to refrain from participating in
enforcement of federal immigration laws, which are the responsibility of the Immigration
and Naturalization Service (in accordance with ORS 181.850);
D. Except as provided in ORS 133.724, 133.726 and 133.619, :Fto continue to
provide prior or simultaneous notice of the execution of a search warrant within the City
of Ashland to the person whose property is the subject of such a warrant, and to refrain
from participating in a joint search with any law enforcement agency abse,'~t assur~rme
that .... '- · ...:,, ..... :.~A.,
o,,,,,, not;ce ,,,,, be~,,~,v,,~,~ where prior notice has not been Riven to the subject
pursuant to section 213 of the USA PATRIOT Act; and
E. To refrain from undertaking or participating in any federal clandestine program
such as the Terrorism Information and Prevention System (TIPS), which encourages
members of the general public to spy on their neighbors, colleagues or customers, while
3- Resolution G:\legal\PAUL\ORD\P\Patriot Act\Patriot Act Resolution 2-13.wpd
continuing to participate in programs such as Amber Alert which depend on widespread
dissemination to the public of information relevant to specific criminal activity.
Section 53. The City of Ashland .~:._A,_ ,._ ,-,:,.. ^ .,_:_:~,._,_., .... :_.,:~,, ..... ,.
Attorney's Office, the Office of the Federal Bureau of Investigation, ~he Oregon State
Police, and any other Federal, Sta~e law enforcemen~ officials and local law enforcement
with any such information repo~ annually to the Ashland City Oouncil the e~ent and
manner in which they have acted within the Oity of Ashland under the USA PATRIOT Aol
and new Executive Orders, including but not limited to disclosing:
A. The names of all residents of the City of Ashland who have been arrested or
otherwise detained by federal authorities as a result of terrorism investigations since
September 11, 2001; the location of each detainee; the circumstances that led to each
detention; the charges, if any, lodged against each detainee; and the name of counsel, if
any, representing each detainee;
B. The number of search warrants that have been executed in the City of Ashland
without prior notice to the subject of the warrant pursuant to section 213 of the USA
PATRIOT Act;
C. The extent of electronic surveillance carried out in the City of Ashland under
the Foreign Intelligence Surveillance Act or powers granted in the USA PATRIOT Act;
D. The extent to which federal authorities are monitoring political meetings,
religious gatherings, or other activities protected by the First Amendment within the City
of Ashland;
E. The number of times education records have been obtained from public
schools and institutions of higher learning in the City of Ashland under section 507 of the
USA PATRIOT Act;
F. The number of times library records have been obtained from libraries within
the City of Ashland under section 215 of the USA PATRIOT Act; and
G. The number of times that records of book purchases have been obtained from
bookstores within the City of Ashland under section 215 of the USA PATRIOT Act.
4- Resolution G:\legal\PAUL\ORD\P\Patriot Act\Patriot Act Resolution 2-13,wpd
Section 64. The City of Ashland directs the City Administrator to transmit a copy of this
resolution:
A. To Oregon's United States Senators and Congresspersons, accompanied by a
letter urging them to monitor federal anti-terrorism tactics and work to repeal provisions
of the USA PATRIOT Act and other laws and regulations that infringe on civil rights and
liberties;
B. To Governor Kulongoski, State Legislators representing Ashland, and leaders
of the State Legislature, accompanied by a letter urging them to ensure that state anti-
terrorism laws and policies be implemented in a manner that does not infringe on civil
liberties as set forth in this resolution;:,,--",,
C. To President Bush and Attorney General Ashcroft; and
D. To Jackson County, the Jackson County Library, Southern Oregon University
and Ashland School District #5.
Section 5. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this __ day of ., 2003.
Barbara Christensen, City Recorder
SIGNED and APPROVED this __ day of ,2003.
Alan W. DeBoer, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
5- Resolution G:~legal\PAUL\ORD\P\Patriot Act\Patriot Act Resolution 2-13.wpd
The Quest to Develop a
Jurisprudence of Civil Liberties
in Times of Security Crises
By William J. Brennan, Jr.
December 22, 1987
The Quest to Develop a
Jurisprudence of Civil Liberties
in Times of Security Crises
By William J. Brennan, Jr.
Associate Justice, Supreme Court of the United States
December 22, 1987, Law School of Hebrew University, Jerusalem, Israel
W en I think of the progress we have made over the-
ast thirty years, I look upon our system of civil lib-
,,, erties with some satisfaction, and a certain pride.
There is considerably less to be proud about, and a good deal to
be embarrassed about, when one reflects on the shabby treat-
ment civil liberties have received in the United States during
times of war and perceived threats to its national security.
For as adamant as my country has been itself from repeating the error when the
about civil liberties during peacetime, it next crisis came along.
has a long history of failing to preserve
civil liberties when it perceived its Rather, each crisis has
national security threatened. This series ~_a_me set of. pro.b_!ems_._ The._ S~.d~_e?
of failures is particularly frustrating in national fervor cau~De_O_D.!~tO.__e.~§~_~;
that it appears to result not from ate the security risks posed by allowing
informed and rational decisions that pro- individuals to exePi~ise 'fly,ir
tecting civil liberties would expose the and to become willing temporar, ly to
United .States to unacceptable security sacrifice liberties as ~art of the war
risks, but rather from the episodic nature effo_r~t. The peac_e~ime..~rispr~_d_ence of
of our security crises. After each per- civil liberties leaves the nation without a
ceived security crisis ended, the United tradition of; Or dbt~,~ile~J-~-~ere~i~a~-~sis
States has remorsefully realized that the for, sustaining civil"libectib~-'against partic-
abrogation of civil liberties was unneces- ularized security colnc~.~'~; The'"i~§tiOn's
sary. But it has proven unable to prevent procedures for vindicating civil liberties
prove too slow to resolve any issue tressingly easy to rationalize the enact-
before the time of calamity has passed, merit of statutes that effectively permit-
The inexperience of decisionmakers in ted them to punish
dealing with wartime security claims political opposition,
makes them reluctant to question the prompting James
factual bases underlying asserted security Madison to wonder
threats. Finally, even decisionmakers who whether "it is a uni-
are suspicious of asserted security claims versal truth that the
lack the expertise and familiarity neces- loss of liberty at
sary to discern confidently the true secu- home is to be
rity risk from the overstated one. The charged to provi-
repeated failure to come to grips with sions against danger,
these problems can, I believe, largely be real or pretended, from abroad.''z
traced to the episodic nature of security Although no one was ever formally pros-
crises in the United States. ecuted under the Alien Act, its mere exis-
tence forced many aliens, including many
A brief examination of the United States editors of the critical press, to leave the
history with "national crises" demon- country or go into hiding. The Sedition
strates this pattern of problems in deal- Act led to at least 25 arrests, 15 indict-
ing with security crises. The ink had merits, and 10 convictions-all against
barely dried on the First Amendment Republicans. Among thedefendantswere
when the United States, on the verge of the four leading Republican newspapers
war with France, enacted the Alien and and three Republican officeholders.
Sedition Acts in 1798. The Alien Act Indeed, the victim of the very first pros-
empowered the President to expel any ecution was a Republican Congressman
alien he judged dangerous and to arrest named Matthew Lyon, who served four
all subjects of warring foreign nations as months in prison for publishing an article
alien enemies. The Sedition Act made it and a letter severely criticizing President
unlawful to "write, print, utter or publish Adams. Although no legal challenge to
. . . any false, scandalous and malicious the Sedition Act ever made it to the
writing ... against" the U.S. Government, Supreme Court, the Act was upheld by
Congress, or the President with the several lower court judges, including
intent "to bring them ... into contempt three Supreme Court justices sitting on
or disrepute? circuit.
These were the times when the two It is easy, with hindsight, to see how a
major parties were the Federalists and nation, newly independent and facing the
the Republicans. The Federalists were first foreign threat to its security, was
conservative. The Republicans, led by failed by the lack of any civil rights
Thomas Jefferson, were progressive or jurisprudence to employ and by an inabil-
liberal. The Federalists were in power ity or unwillingness to see through the
when the Alien and Sedition Acts were self-serving assertions of the Federalist
passed and were under heavy criticism Congress and Executive. Luckily, the
from Republican politicians and mood of the country changed. While still
Republican newspapers, many of which in prison, Congressman Lyons was
had editors who were noncitizens, reelected in the 1800 elections, which
Seizing upon rumors of French espionage turned Congress over to the Republicans
and sabotage, the Federalists found it dis- largely out of a backlash to the Alien and
2
Sedition Acts; Jefferson, elected President These deprivations of civil rights enjoyed
in the same elections, pardoned all those strong public support. The constitution-
who had been convicted; and Congress ality of Lincoln's actions never reached
repaid almost all the fines. The courts the Supreme Court during the Civil War;
had not immediate opportunity to it did, however, reach Chief JusticeTaney
redeem themselves, but as the Supreme who, sitting as a circuit judge in ex parte
Court stated 23 years ago in New York Merryman? held that the President's sus-
Times v. Sullivan,3 "Although the Sedition pension of the Great Writ was unconsti-
Act was never tested in this Court, the tutional. The public reaction to Taney's
attack upon its validity has carried the decision was reflected in this editorial
day in the court comment from the New York Tribune:
of history." The "The Chief Justice takes sides with trai-
sad fact remains, tors, throwing around them the shelter-
however, that the ins protection of the ermine. When rea-
political and judi- son stalks about in arms, let decrepit
cial judgments Judges give place to men capable of
that proved so detecting and crushing it.''~ President
easy to make dur- Lincoln and his military authorities simply
ins times of ignored Taney's holding, and continued to
repose had elud- use military arrests and trials throughout
ed the country during the period of hys- the war, relying on the insidious principle
teria. The test still before the county was that if military detentions are constitu-
whether the judgment obtained in the tional in places in rebellion, they are con-
court of history would be enforced dur- stitutional "as well in places in which they
ins the next period of national crisis, may prevent the rebellion extending."6
The Civil War of 1861-1865 provided AAer the war and the time of crisis had
that next test. Shortly after the first passed, the lofty principles of civil liber-
shots of the war were fired at Fort ties were once again reaffi-rme-----~dT-. ~Fhe
Sumter, and before Congress could be Supreme C6~,T~l~6~se of ex
convened, President Lincoln took various p~arte Miiii~a-~? held that in any" 16-c~ty
measures that infringed upon civil liber- where
ties in the name of national security-the fu_nct!0n~!~I ._i.t. ~as un~.o._n~t.i~ t~o_
most egregious of which was suspending suspend?.h?..w, rit of habeas corpus and to
the writ of habeas corpus. With habeas establish a system .of_militar~..cLeI~z'ltions
corpus suspended, Lincoln caused 20- and trials. The decision has come to be
30,000 persons to be arrested and considered, in the words of Charles
detained in military custody without Warren, "one of _the._~.b_u_!w_ar_k~_._.o.f_.
charges, simply because those persons Ame~r?_can liberty,""
were suspected of being disloyal, danger- ciple that the Constitution of the United
gus, or disaffected. These persons States is a law fo~
remained in custody as long as the feder- equally in war and in _Pea_c~:. an.d~ _C__O.v_e_.r_s
al government saw fit, some receiving no with the shield of its prot?~t_ic~n_a!L_c~.a_s?
trials at all, others receiving a military es of men, at all times, and under all cir-
trial which lacked the procedural safe- cumstances.''9 But as the Civil War
guards that would have been guaranteed experience itself made evident, this prin-
by a civilian criminal court, ciple was as yet more an aspiration than
a reality. The unfortunate American ten-
dency to panic in the face of national cri- 1917, which made it a crime, during a
sis and to countenance infringements of time of war, to make false statements
civil liberties that would appear intolera- with the intent to
ble during times of repose was more interfere with the
truly revealed elsewhere in Milligan, success of U.S. mili-
where the Court stated: _'_During th~ !..a.[e tary forces or mill-
wicked Rebellion th~ t~_m.._p_e_r~._.o_f_._the tary recruiting. This
times did not allow that calmness in Act provided the
deliberation and discussion so necessary predicate for confis-
to a correct conclusion of a purelyj~di- caring antiwar films
cial question. Then, considerations of and raiding the
safety were mingled with the exercise of offices of antiwar
power; and feelings and interest prevailed organizations. In
which are happily terminated. Now that 1918 the Act was
the public safety is assured, this question, amended to make it a crime also to "will-
as well as all others, can be discussed and fully utter, print, write, or publish any dis-
decided without passion or the admix- loyal, profane, scurrilous, or abusive lan-
ture of any element not required to form guage about" the U.S. form of govern-
a legal judgment.''~° ment, Constitution, flag, or its military
forces or uniform "or any language
A jurisprudence that is capable of sus- intended to bring the [same] into con-
raining the supremacy of civil liberties tempt, scorn, contumely, or disrepute...
over exaggerated claims of national secu-
rity only in times of peace is, of course,
useless at the moment that civil liberties All in all, over two thousand individuals
are most in danger. The Court in Milligan, were prosecuted under the Espionage
however, seemed quite unaware of the Act. Very few indi-
irony, and was apparently content to pro- viduals were con-
nounce principles that could presumably victed for actually
be applied by a future Court during the urging men not to
next war. By the timeWorldWar I rolled enlist or submit to :
around, though, the nation and the courts the draft-purport-
had been softened by de~:~des of relative edly the main object
tranquility, leaving them susceptible once of the Act. Rather,
again to overblown claims that the war the vast majority of
effort could succeed only if civil liberties the convictions
were suppressed, were for stating
opinions about the
Indeed, during World War I the Senate war that the courts
considered a bill that would have made treated as false
the entire United ~i~;~'a"~F~zone statements of fact
within which anyone who published any because they conflicted with speeches
material that might endanger the success by President Wilson or with the resolu-
of U.S. military operations could be tried tion of Congress declaring war. A,~m0.n_g
as a spy by a military tribunal and put to the supposed "threats to national securi-
death? Unwilling to go this far, ty" that were Prosecuted under the Act
President Wilson instead convinced were statements ~f reii§ibu$"0bjections
Congress to enact the Espionage Act of to the war, advocacy of heavier taxation
instead of the issuance of war bonds, sug- Applying the same standard in a subse-
gestions that the draft was unconstitu- quent case, Det~s v. United States, the
tional, and criticisms of the Red Cross or Supreme Court upheld the conviction of
theY. rvl.C.A.~3 Moreover, such "subver- labor organizer Eugene Debs for making
sive" statements were criminalized even a speech in opposition to the war in
if they were never directly communicat- which his most egregious statement was
ed to soldiers or to men about to enlist "you need to know that you are fit for
or be drafted-it was thought enough something better than slavery and can-
that the statements might conceivably non fodder."~6
reach such men and undermine the war
effort. The only case the Supreme Court con-
sidered that involved the far-reaching
Once again, none of these cases actually 1918 Amendment to the 1917 Espionage
reached the Supreme Court until the Act was At, rams v. United States? in
war was over. But against the back- which the defendants had been convicted
ground of the of publishing abusive language about
"Red Scare" President Wilson, the U.S. form of gov-
years of 1919- ernment, and the war effort. The Court
1920, the Court relied on the conclusion that the speech
upheld many was intended, albeit somewhat indirectly,
such convictions to interfere with military operations, on
by calling opin- the theory that the defendants sought
ions false factual "to excite, at the supreme crisis of the
statements and war, disaffection, sedition, riots, and, as
by making they hoped, revolution, in this country for
assessments of the purpose of embarrassing and if possi-
intents and of ble defeating the military plans of the
threats to mili- Government in Europe?~ The dissent
tary recruiting of Justices Holmes and Brandeis attempt-
or operations ed to distinguish wartime from peace-
that in retrospect seem outlandish. In time speech rights while still limiting the
1919, Justice Holmes announced the power to punish speech during wartime
Supreme Court's opinion in $chenck v. with the clear and present danger test,
United States? which enunciated the noting: "The power undoub~l_y...is
famous "clear and present danger" test greater in time of war tha-~"in time of
for protecting speech, but at the same peace because war ~'i~-h-§"~-~'~-~-~'at
emasculated the test's application durin9 do not exist at Other tirne§i' '-Bbl~ as
wartime by stating, "When a nation is at against dangecs._.p_e~u_li_a..r__t~_o._~ar, a._s._ag~ai?t
war many things that might be said in others, the principle..o_f..t:.be___r.i_g_h~t t__.o
time of peace are such a hindrance to its speech is always the same.''~9
effort that their utterance will not be
endured so long as men fight .... ,'~5 The trouble in the United States, howev-
Applying this understanding of the clear er, has been not so much the refusal to
and present danger test, the Court had recognize principles of civil liberties dur-
no apparent difficulty upholding Schenck's ing times of war and national crisis but
conviction for doing nothing more than rather the reluctance and inability to
distributing pamphlets that criticized the question, during the period of panic,
draft and denied its constitutionality, asserted wartime dangers with which the
nation and the `judiciary is unfamiliar, communities in the interior states did
During the Second World War this prob~ not want an influx of persons of Japanese
lem manifested itself in the case concern- ancestry. In 1980 Co..n§ress established
lng the military treatment of American the Commission on Wartime RelocatiOn
citizens of Japanese descent, 120,000 of and Internment of Civilians, which
whom were interned. Without reaching reviewed all the evidence'~'~'~-'~-~c-[b-~ed
the broader issue of whether the intern- that the internment was a grave ~njus-
ments were valid, the Supreme Court tice" that was "not ju~tified."~y..~.! itary
upheld curfews and evacuation orders necessity" but rather was proml~t..e.._d- by
that applied only to those of Japanese "race prejudice, war hysteria aqd_.e__f, ai_!ure
ancestry. The Court, uncertain about its of political.leadership."
ability to discern which sorts of threats
to security could be considered realistic, This conclusion, however, like those
announced that it would be satisfied "if denouncing the Alien and Sedition Acts,
those charged with the responsibility of Lincoln's suspension of the Great Writ,
our national defense have reasonable and the Espionage Act prosecutions of
ground for believing that the threat is political anti-war statements in World
real.''2° Under this deferential standard, War I, came far too late to prevent civil
the Court concluded that it could not liberties from being infringed and pro-
"reject as unfounded the.judgment of the vides little assurance that hysterical
military authorities" that many Japanese assessments of security risk will not
Americans were disloyal for various cul- carry the day in a future crisis..S_o far..th__e
tural reasons, that the disloyal ones United States has fortunat.el~_been able
posed a significant threat of sabotage and to restore a. de.m..0?-a~-tJc-'and- CQr~-!t~u-
espionage, and that it was difficult to dis- tional regime after ea(~h_...c_risis, But as
tinguish the disloyal from the loyal,z~ Justice Davis noted for
That such racial distinctions were irrele- the court in ex parte
vant, and thus impermissible, during times Milligan, "-[..his nation, as
of peace, the Court asserted, did not experience has proved,
mean that they were irrelevant or imper- cannot always remain
missible "in dealing with the perils of at peace, and has no
war.''~ right to expect that it
will always have wise
We now have the benefit of knowing and humanerulers, sin-
what the Supreme Court did not: that cerely attached to the
the allegation that Japanese Americans principle of the
were facilitating attacks on American Constitution. Wicked
ships and shore installations by commu- men, ambitious of'
nicating with Japanese warships via radio power, with hatred 0[
and light signals (the Army's main justifi- liberty and contempt of law, may fill .the
cation for the evacuation) was complete- place once occupied .by Washington and
ly unfounded, and that theArmy probably Lincoln; and if this right is con~eded,.and
knew it. Worse, those who had been the calamities of war again befall us, the
evacuated from the coastal states dangers to liberty are frightful to con-
because of this imaginary security threat template.''23 For as distressing, as the
were held in extended detention by the war time curtailment of civil liberties has
Army not because they posed a security been even under leaders like Lincoln, a
threat to the interior states but because more pervasive and permanent tyranny
could have been established had the 1954, aimed at flushing out those with
country beded its civil liberties to some- communist be!ie, fs. Sadly, in 1951 my own
one willing__t? seize upon the opportuni- Court bowed to the sentiment of the day
ty to establish an autho-r~-arian regime, in Dennis v. United States25 and sustained
the conviction of Communist Party
These incidents have provided some members by reinterpreting the clear and
valuable lessons. They have helped~he present danger test in a way that emas-
United States flesh out its jurisprudenCe culated it and effectively upheld a limita-
regarding wartime civil !_iberties and have, tion on speech where the danger was
I hope, taught us to be suspicious of neither clear nor present. The Court
asserted security claims. But because the proved unable or unwilling, to asses~
United States has had the good fortune independently the factual allegations that
of relative tranquility, the incidents have the Communist Party stood ready to
been episodic, and the lessons learned overthrow the U.S. government.
and the experience garnered have grown
faint during the lapses between security But over time, sustained exposure to the
crises. P~r_o. longed and sustained expo- so-called communist threat enabled the
sure to the asserted security claims may country to work past the fervor that ini-
be the only way in which a CO~n__t.r.~ can tially clouded its judgment and the lack of
gain both the discipline necessary to experience that disabled it from assessing
examine asserted security risk qr_iti~ally the facts accurately. The realization grew
and the expertise necessary to~d!stin- that the security threat posed by
guish the bona fide from the bogus. American Communist groups was weak
at best, and a more tolerant view came to
Indeed, the United States has had some prevail in the courts, the political branch-
modest success of this sort in adjusting es, and the public mind. The eventual vic-
to the post-atomic global struggle with tory on behalf of civil liberties was obvi-
the Soviet Union. Our initial reaction, ously a modest one given the modesty of
during those dark years we now call the the security risk actually facing the
Cold War, was typically hysterical. United States during this period. But the
Imaginary security risk led the govern- ability of the country to learn from sus-
ment to start prosecuting communists tained experience and to mature in its
under the Smith Act, which made it a security views is heartening nonetheless.
crime, among other things to become a
member of or "to organize any society The history of American treatment of
... advocat[ing].., the overthrow or civil liberties during national security
destruction of any government of the crises thus teaches several important les-
United States by force or violence" or sons. It teaches that abstract principles
"to print.., any written or printed mate- announcing the applicability of civil liber-
rial advocating ... the.., propriety" of ties during times of war and crisis are
such overthrow or destruction with the ineffectual when a war or other crisis
intent to cause it to come about.24 comes along unless the principles are
Congress, frightened by tales of commu- fleshed out by a detailed jurisprudence
hist subversion, conducted a witchhunt explaining how those civil liberties will be
for communists through a series of com- sustained against particularized national
mittee investigations, and enacted various security concerns. It teaches that in
laws, including the Internal Security Act of order to prevent civil liberties from being
1950 and the Communist Control Act of shunted aside as a nation girds itself for
7
battle, procedures for swiftly enforcing a peacetime judiciary and nation.
that jurisprudence during times of Santayana was certainly right when he
calamity must also be designed and noted, "Th. ose who cannot remember
implemented, lest the jurisprudence per- the past are condemned to repeat it."
petuallyfind itself providing guidance only BUt merely remembering the past has
in retrospect. Finally, i~t teaches that th~ not proved to be enough. Without pro-
perceived threa~ ~.o o~tion~l s_e_cud~y longed exposure to the claim threat, it is
have motivated the sacrifice of civil liber- all too easy for a nation and judiciary that
ties during times of crisis, a~r~ often has grown unaccustomed to crisis to get
overblown and factually unfounded. The swept away by irrational passion, and to
rumors of French intrigue during the late accept gullibly assertions that, in times of
1790's, the claims that civilian courts repose, would be subjected to the critical
were unable to adjudicate the allegedly examination they deserve. A.. juris~o, ru-
treasonous actions of Northerners dur- dence capable of braving the overblown
ing the CiviIWar, the hysterical belief that claims of national security.. ~.B. St be
criticism of conscription and the war forged in times of crisis by.-U~e .s~o_[~..of
effort might lead droves of soldiers to intimate familiarity with.~atio_ n_a!._se~_cu_ri__ty
desert the Army or resist the draft dur- threats that test5 their bases in fact,
ing World War I, the wild assertions of explores their relation to the exercise of
sabotage and espionage by Japanese c~vil fr'eed0-rns, and probes't'h-~'-i~it'~ of
Americans during World War II, and the th_eir compass. This sort of true f~i~i'iar-
paranoid fear that the American ity cannot be gained merely by abstract
Communist Party stood ready to over- deduction, historical retrospection, or
throw the government, were all so base- episodic exposure, but, requires Ionglast-
less that they would be comical were it ing experience with the struggle to pre-
not for the serious hardship that they serve civil liberties in the face of a con-
cause during the times of crisis. As tinuing national secudt2.th~_e~t.
Walter Oelhorn concluded, "History
shows in one example after another how ...The struggle to establish civil liberties
excessive have been the fears of earlier against the backdrop of these security
generations, who shuddered at menaces threats, while difficult, promises to build
that, with the benefit of hindsight, we bulwarks of liberty that can endure the
now know were mere shadows."z6 fears and frenzy of sudden danger-bul-
warks to help guarantee that a nation
By the slow accumulation of precedents, fighting for its survival does not sacrifice
these lessons a.re gradu__ally., b_ui_!~!ng a those national values that make the fight
_~urislorudence that, d~.ring crises, can worthwhile... For in this crucible of dan-
account for, rather than discard, the. lib- get lies the opportunity tO ~oq~]e a world-
erties that give our nation its identity, wide jurisprudence of ci~il~_li_b_~rt~i~s~t~at
The ability of the United States to absOrb can withstand the turbulences of war and
and implement these lessons effectively, crisis_. In. this. way, ad~S!~y may yet be
however, has been limited by the episod- the hand~aid~_e?.li~be~r~t~v. ~
ic nature of our security crises. 'l~he good
fortune of its ~relatively.secure position
leaves its unhardened by the experience
necessary to apply the historical lesson
of skepticism when threats and factual
issues crop up that are unfamiliar to
41 Stat. 570 (1798).
2 M. Halpern & D. Hoffman, Freedom vs. National Security ix (1977).
3 876 U.S. 254, 276 (1964).
4 Fed. Cas. No. 9,487 (C. C. Md. 1861).
5 3 Charles Warren, The Supreme Court in United St, al;~,s History 91 (1923).
6 Id. at 95; see also 1 Norman Dorsen, Paul Bender & Burr Neuborne, Political and Civil Rights in
the United States 32-33 (1976).
? 71 U.S. (4 Wall.) 2 (1866).
8 3 C.Warren, supra note 5, at 149.
9 71 U.S. at 120-121.
10 Id. at 109.
11 N. Dorsen, et al., supra note 6, at 40.
12 40 Stat. 553 (1918).
13 N. Dorsen, supra note 6, at 41-42.
44 249 U.S. 47 (1919).
45 Id. at 52.
16 249 U.S. 211,214 (1919).
47250 U.S. 616 (1919).
48 Id. at 628.
49 Id. at 627-28 (Holmes, J., dissenting).
20 Hirabayashi v. United States, 320 U.S. 81, 95 (1943).
21 Id. at 99; Korematsu v. United States, 328 U.S. 214, 218 (1944).
22 320 U.S. at 100.
23 71 U.S. at 125.
24 54 Stat. 671 (1940).
25 341 U.S. 494 (1951).
26 Walter Gelhorn, American Rights 82-83 (1960).
CITY OF
ASHLAND
Council Communication
TITLE:
DEPT:
DATE:
SUBMITTED BY:
APPROVED BY:
APPROVED BY:
Synopsis:
Recommendation:
Fiscal Impact:
Background:
Resolution establishing Cable Television and Internet rates for the AsWand Fiber
Network
Electric & Telecommunication
February 18, 2003 ~
Dick Wanderscheid
Paul Nolte ,..,...
Brian AlmqUi~
The last AFN rate increase was in August 2002. The business plan calls fo}.:
annual rate increases to cover increased costs to operate the network. This
proposed increase would be effective in May 2003. The proposal calls for a 7%
increase in CATV, a $3.00 monthly increase for residential cable modems, and a
$5.00 business cable modem increase. This proposal does not include a change to
High-Speed Data customer's rate!?
Staff recommends the Council adopt the resolution.
This proposed rate increase should provide an additional $175,000 in revenue
annually, based on current CATV and Cable Modem subscriber counts.
AFN began service in February 2000. From that period until August 2002, 13
additional standard channels and a number of premium channels were added. In
August 2002 rates were increased for the first time since launch. The AFN
business plan as revised by the AFN advisory committee in October 2001, calls
for annual rate increases to keep up with programming and other network cost
increases. Since August 2002, 3 additional channels have been added and another
is scheduled for addition shortly.
The following table illustrates the proposed monthly CATV rate increase:
Old Rate Rate Increase PEG Increase New Rate
Tier I $ 7.00 $ .49 $ .15 $ 7.64
Tier 2 $11.46 $ .80 $ .15 $12.41
Tier 3 $28.46 $ 1.99 $ .15 $30.60
Tier 4 $37.97 $ 2.65 $ .15 $40.77
ElectriclTelecomm1Dlicatim Dept.
Dick Wanderscheid, Director
90 N. Mountain Ave Phone: (541) 488-5357
Ashland, OR 97520 Fax: (541) 552-2436
,.,
r"
Premium packages would also be increased by 7% and all of the above rates are
inclusive of the Franchise fee and the PEG fee which increases from $.60 to $.75
as per AFN's franchise agreement.
For comparison, the latest advertised rate by Charter for service that is
comparable to Tier 3, is $32.40 plus $2.41 in franchise and PEG fees for a total
customer cost of$34.81. This is $4.21 higher than AFN's Tier 3 rate of$30.60.
Cable modem rates including franchise fees would increase as illustrated in the
following table:
Old Rate
New Rate
Residential (w ISP)
Business (I-IP address)
Residential (no ISP)
$17.85
$63.00
$21.50
$21.05
$68.41
$25.78
Right now, AFN's certified ISP's are charging from $26.95 to $32.00 per month
for retail service on AFN. We would expect $3-$5 retail increases would be
passed on to retail customers as a result ofthis increased rate.
For comparison purposes, Charter Internet rates in AsWand based on combining
services of Cable TV and Internet are $29.95. This service has upstream speeds
of 128Kb, and downloads speeds of 256Kb, comparing to AFN's up load speed of
128Kb and download speeds of3-5 M bits /second. Charter charges $39.95 for
their Internet service if you don't bundle it with their Cable TV service.
ElectricITelecomnllmicatioo Dept.
Dick Wanderscheid, Director
90 N. Mountain Ave Phooe: (541) 488-5357
Ashland, OR 97520 Fax: (541) 552-2436
,. ,
.........,.,..,.._=
RESOLUTION NO. 2003-
A RESOLUTION ESTABLISHING CABLE TELEVISION
AND INTERNET RATES FOR THE ASHLAND FIBER
NETWORK, READOPTING ALL OTHER RATES WITHOUT
CHANGE & REPEALING RESOLUTION NO. 2002-19.
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
SECTION 1. The attached rate schedule is adopted as the rates and fees for AFN
Internet and AFN Cable Television provided by the City of Ashland Electric Utility
Department, Ashland Fiber Network Division. These rates are effective with the Cycle 1
billing in May 2003.
SECTION 2. Installation charges, equipment rental, bulk rates, and other charges may
be set administratively. To the extent practicable, such fees shall be set to recover,
over a fiscally prudent period, the incremental CL 3i of providing such service by taking
into account all costs actually incurred.
SECTION 3. Nothing in Section 1 or Section 2 shall preclude AFN staff from 1)
temporarily reducing or waiving rates or charges in conjunction with promotional
campaigns, 2) establishing different and nondiscriminatory rates and charges for
commercial customers, as allowed by federal law and regulations, or 3) establishing
different and nondiscriminatory rates and charges for AFN high speed data and
wholesale high speed data commercial customers, as allowed by federal law and
regulations.
SECTION 4. Resolution No. 2002-19 is repealed as of the effective date of the new
rates.
SECTION 5. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
9 2.04.090 and duly PASSED and ADOPTED this 18th day of February, 2003.
Barbara Christensen, City Recorder
SIGNED and APPROVED this 18th
day of
February
,2003.
Alan W. DeBoer, Mayor
RiZ;;;;;:nn: .
Paul Nolte, City Attorney
RESOLUTION - PAGE 1 H:\AFN\RATE RESO AFN INTERNET CABLE DATA 2.1S.o3.DOC
r'
RESOLUTION NO. 2003-
Rate Schedule
(Effective on Cycle 1 Billing - May 2003)
AFN TELEVISI.ON BASE FRANCHISE
RATES FEE FEE PEG INCREMENT TOTAL
Tier Rates Per Month
Community (Tier I) $ 6.54 $0.35 $0.75 $ 7.64 $ 7.64
Basic (Tier II) $ 4.53 $0.24 $ 4.77 $12.41
- Increment added to Tier I.
Expanded (Tier III) $17.28 $0.91 $18.19 $30.60
- Increment added to Tiers I & II.
Digital Plus (Tier IV) $ 9.66 $0.51 $ 10.17 $40.77
- Increment added to Tiers I, II & III.
Premium Rates Per Month
StarzlEncore $~.11 $0.48 $9.59
HBO $12.55 $0.66 $13.21
Showtime $12.55 $0.66 $13.21
Pay Per View Per Event
Price Varies From $0 to $150
BASE FRANCHISE FIXED
AFN BUSINESS INTERNET RATES FEE FEE ADDRESS TOTAL
Business Internet (wholesale rate
to certified ISP)
Monthly Rates $65.00 + $3.41 1 $68.41
$70.00 + $3.67 2 $73.67
$75.00 + $3.93 3 $78.93
$80.00 + $4.20 4 $84.20
$85.00 + $4.46 5 $89.46
$90.00 + $4.72 6 $94.72
$95.00 + $4.98 7 $99.98
$100.00 + $5.25 8 $105.25
AFN RESIDENTIAL INTERNET BASE FRANCHISE CHARGE/ADDITIONAL
CUSTOMER PREMISE
RATES FEE FEE EQUIPMENT (CPE) TOTAL
(1 CPE)
Residential Internet
(wholesale rate to certified ISP) $4.00 each plus
Monthly Rates (Includes 1 ePE) $20.00 $1.05 Franchise Fee $21.05
---_..__....._......__.-.._.._..._........._,_.~-..._...._.-......._.........
Residential Internet Direct Connect
(no ISP) $4.00 each plus
Monthly Rates (Includes 1 ePE) $24.50 $1.28 Franchise Fee $25.78
Page 1 of 2
~...... ......,
AFN Higb Speed Pricing
&"dIed H' h S ud Internet Services
5mbit Access $400.00Month
mbit Access $500.00Month
.5mbit Access $600.00Month
mbit Access $700.00 Month
all $l,OOO.OOOne Time
These services assume that the customer will not use all the available
bandwidth for more than 15~ of Q billing cycle. If the customer
needs higher sustained bandwidth they will be upgraded to the
unbundled services.
The local loop connection is lOOMbits
These prices replace the existing !><,.vice prices. These are designed to allow a business
to use a high speed service at a very low rate, but assume that sustained bandwidth to the
internet is not needed. For these services the maximum number of IP addresses that will
be available per service are 32, and they will be given out in blocks of 16.
If a customer needs sustained bandwidth, or other types of services such as a local loop to
connect two locations together then the ronowing rate schedule will be used.
Unbundled Hi h S eed Access
rice per Mbit for Internet Access $615.00Month
ocalloop Fee $390.00 Month
nstall Fee $l,OOO.OOOne Time
II Services are l00mbit local loop.
x: 2mbit service = 390+(2*615) $1,620.00Month
$l,OOO.OOInstall
$l,312.50Monthly
E uivalent Service $l,OOO.OOInstall
For services 3mb.t and above, no local loop fus will be charged.
For these services any number of IP addresses can be requested, but they must be
justified via the American Registry for Internet Numbers (ARIN) regulations.
Page 2 of 2
1'"'"
RESOLUTION NO. 2002- ~ q
A RESOLUTION ESTABLISHING CABLE TELEVISION
RATES FOR THE ASHLAND FIBER NETWORK,
READOPTING ALL OTHER RATES WITHOUT CHANGE &
REPEALING RESOLUTION NO. 2001-32.
"b VI JJ
/0 Q"~V/
~~/
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The attached rate schedule is adopted as the rates and fees for AFN
Internet and AFN Cable Television provided by the City of Ashland Electric Utility
Department, Ashland Fiber Network Division. These rates are effective with the Cycle 5
billing in August 2002.
SECTION 2. Installation charges, equipment rental, bulk rates, and other charges may
be set administratively. To the extent practicable, such fees shall be set to recover,
over a fiscally prudent period, the incremental cost of providing such service by taking
into account all costs i..'ctually incurred.
SECTION 3. Nothing in Section 1 or Section 2 shall preclude AFN staff from 1)
temporarily reducing or waiving rates or charges in conjunction with promotional
campaigns, 2) establishing different and nondiscriminatory rates and charges for
commercial customers, as allowed by federal law and regulations, or 3) establishing
different and nondiscriminatory rates and charges for AFN high speed data and
wholesale high speed data commercial customers, as allowed by federal law and
regulations.
SECTION 4. Resolution No. 2001-32 is repealed as of the effective date of the new
rates.
SECTION 5. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland ~ Code
~ 2.04 0 and duly PASSED and ADOPTED this /% day of 2002.
,
a ara Christensen, City Recorder
SIGNED and APPROVED this /9
dayof ~. 2002~
~~~
Alan W. DeBoer, Mayor
~sto ~rrn:
Paul Nolte, City Attorney
RESOLUTION - PAGE 1 H:\AFNlRATE RESO AFN INTERNET CABLE DATA 8.18-42.DOC
~.."."._..
RESOLUTION NO. 2002-
Rate Schedule
(Effective on Cycle 5 Billing - August 2002)
1;0' ~
/, ~ \~ /
~ 0 -;N \ //
~//
AFN TELEVISION BASE FRANCHISE
RATES FEE FEE PEG INCREMENT TOTAL
Tier Rates Per Month
Community (Tier I) $ 6.08 $0.32 $0.60 $ 7.00 $ 7.00
Basic (Tier II) $ 4.23 $0.23 $ 4.46 $11.46
- Increment added to Tier L
Expanded (Tier III) $16.15 $0.85 $17.00 $28.46
- Increment added to Tiers I & II.
Digital Plus (Tier IV) $ 9.03 $0.48 $ 9.51 $37.97
- Increment added to Tiers I, II
& III,
Premium Rates Per Month $ 8.51- $0.45 - $8.96 -
Premium ~ervices $11.72 $.62 $12.34
Pay Per View Per Event
Price Varies From $0 to $150
BASE FRANCHISE FIXED
AFN BUSINESS INTERNET FEE FEE ADDRESS TOTAL
RATES
Business Internet
(wholesale rate to certified ISP)
Monthly Rates $60.00 + $3.00 1 $63.00
$65.00 + $3.25 2 $68.25
$70.00 + $3.50 3 $73.50
$75.00 + $3.75 4 $78.75
$80.00 + $4.00 5 $84.00
$85.00 + $4.25 6 $89.25
$90.00 + $4.50 7 $94.50
$95.00 + $4.75 8 $99.75
AFN RESIDENTIAL INTERNET BASE FRANCHISE
RATES FEE FEE TOTAL
Residential Internet
(wholesale rate to certified ISP) I
Monthly Rates $17.00 $0.85 $17.85
Residential Internet Direct
Connect (no ISP)
Monthly Rates $21.50 $1.07 $22.57
Page 1 of 2
-- --- ._.- .._~'._._---~.-
r" .
AFN High Speed Prfefag
Bu1dled HiQh Speed Internet Services
5mbit Access $400.00Month
~mbit Access $500.00 Month
'.5mbit Access $600.00Month
2mbit Access $ 700.00 Month
T' nsta II $l.000.00One Time
These services assume that the customer will not use all the available
bandwidth tor more than 15% of a billing cycle. If the customer
needs kighu sustained bonclwidth they will be upgrcded to the
unbundled services.
I The Ioccl1loop connedion is lOOMbits
These prices replace the existing service prices. These are designed to allow a business
to use a high speed service at a very low rate, but assume that sustained bandwidth to the
internet is not needed. For these services the maximum number ofIP addresses that will
be available per service are 32, and they will be given out in blocks of 16.
If a customer needs sustained bandwidth, or other types of services such as a local loop to
connect two locations together then the following rate schedule will be used.
Unbundled Hi h S eed Access
rice per Mbit for Internet Access $615.00Month
ocal Loop Fee $ 390.00 Month
nstall Fee $l.000.00One Time
II Services are l00mbit local loop.
x: 2mbit service = 390+(2*615) $1.620.00Month
$l,OOO.OOInstall
X: 1.5mb it serviee : 39(W1.5*615) $1.312.50Monthly
1 E' uivalent Service $l,OOO.OOInstall
For services 3mbit and above, no local loop fees will be charged.
For these services any number of IP addresses can be requested, but they must be
justified via the American Registry for Internet Numbers (ARIN) regulations.
/CD
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~
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- _._-_.. ... --.- .._-- . .- _. - --------...
Page 2 of 2
----.---. .-.----.......-.-..-..-----.--..
"~"..,_.
CITY OF
ASHLAND
Council Communication
Title:
A Resolution Supporting the Oregon Department of Transportation,
Transportation Enhancement Grant Application in the amount of
$580,000 for Construction of the North Ashland Multi-Use Path.
Dept:
Date:
Submitted By:
Reviewed By:
Approved By:
Public Works Department
February 18, 2003
Paula Brown
Paul Nolte
Brian Almquist
Synopsis:
The attached grant application was submitted in response to the Oregon Department of
Transportation's request for Transportation Enhancement grants. The City has had the North
Ashland Multi-Use Path in the Capital Improvements program for the past few years, and staff from
both the Engineering and Planning departments determined that this was the best opportunity for
this year's grant application.
Recommendation:
Staff recommends the Council adopt the attached resolution Supporting the Oregon Department of
Transportation, Transportation Enhancement Grant Application in the amount of $580,000 for
Construction of the North Ashland Multi-Use Path.
Fiscal Impact:
Construction of the North Ashland Multi-Use Path from Hersey Street at the Railroad tracks to
Jackson Road is estimated to be $868,000. Of this, $228,000 is being funded by the developer along
the Billings Property, $60,000 is proposed as City funds from the Street SDCs, and the final
$580,000 is being requested through the grant. Long term maintenance will be the City's
responsibility and is estimated at $5,000 a year.
If the grant is not funded, a partial path will be constructed with the Billings development, but the
remaining connections will not be completed until grant funding or other sources of funds can be
secured.
Background:
The North Ashland Multi-Use Path builds a connection for a separate bike/multi-use path from
Hersey Street at the Railroad tracks to Jackson Road. A railroad easement has been previously
obtained along the route. The grant application is attached and has detailed project reference
information.
PB Council\CC ODOT TE Grant N Ashland Bikepath.doc Page] of]
r&1
..,.......,-,....,.
RESOLUTION NO.
A RESOLUTION SUPPORTING THE OREGON
DEPARTMENT OF TRANSPORTATION, TRANSPORTATION
ENHANCEMENT GRANT APPLICATION IN THE AMOUNT
OF $580,000 FOR CONSTRUCTION OF THE NORTH
ASHLAND MULTI-USE PATH.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The City of Ashland supports and will accept a Transportation
Enhancement grant from the State of Oregon, Department of Transportation in the
amount of $580,000 for the purpose of constructing Public Works Project No. 2003-
02, the North Ashland Multi-Use Path Project.
SECTION 2. The City Administrator is authorized and directed to sign the statement
of acceptance of the grant offer on behalf of the City of Ashland.
SECTION 3. A true copy of the grant application is attached.
This resolution was read by title only in accordance with Ashland Municipal Code
92.04.090 duly PASSED and ADOPTED this day of February, 2003.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of February, 2003.
Alan W. DeBoer, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
G:\pub-wrks\admin\PB Council\CC Reso ODOT TE Grant N Ashland Bikepath.doc
-r--' -
PART 1
Section 1: Project Summary and Certification
APPLICANT
Name: City of Ashland
Address: 20 East Main Street
Ashland OR 97520
CO-APPLICANT (if any)
Name: NA
Address:
Contact Person: Paula C. Brown
Title: Public Works Director
Telephone: 541 488-5587
Contact Person:
Title:
Telephone:
PROJECT NAME & LOCATION
North Ashland Multi-Use Path
PROJECT DESCRIPTION The proposed project provides for the design, engineering and construction of a new
multi.use path that extents the existing system from Central Ashland to a point approximately 2600 feet north
of the northern City limits. Public funding will be used to construct approximately 63% of the project and
private funding will complete the remaining 37%.
LENGTH (size, amount, etc)
1836' (private) + 4872' (public) = n08'
COST SUMMARY
TE Funds Requested*: $580,000
Matching Funds: $60,000
Total TE Cost: $640,000
Additional Non-TE costs: $228,000
Total Project Cost: $868,000
* need prior ODOTapproval if less than $200,000
T.E. ACTIVITY
1, Bicycle & Pedestrian Facilities
RIGHT-OF-WAY NEEDS
Project site owned by Sponsor?
[ ] yes [ ] no* [X] partly [ ] N/A
Property to be purchased? [] yes [X] no
Easements or donated property? [X] yes [ ] no
* need prior ODOT approval if on state right-of-way
CERTIFICATION
I certify that the City of Ashland [applicant agency] supports the proposed
project, has the legal authority to pledge matching funds, and has the legal authority to apply for
Transportation Enhancement funds. I further certify that matching funds are available or will be available
for the proposed project. I understand that this is not a grant application, that it is a request for
reimbursement through the federal aid system, and that all federal rules for contracting, auditing, and
payment will apply to this project.
Signature
Date February 5, 2003
Printed Name
Paula C. Brown, PE Title Public Works Director, City Engineer
.......'.,........ ._....
Section 2: Project Funding Information
Matching Funds Available
Be thorough but realistic in what you state here. The type and amount of matching funds you
offer will affect your project score. You are expected to honor this commitment if your project
is selected.
Type
$ Value
Name of Source(s)
Date Avail.
Sponsor's Cash on Hand $60,000 City Transportation System Development 2/7/03
Charges
Sponsor's Future Cash
Cash from other sources
Total HARD MATCH $60,000
Donated Materials $128,000 Construction of 2836 LF of path 6/30/04
Donated Property (Easement) $100,000 Easement on private property 2/7/03
Donated Agency Staff Time
Volunteer Labor/Services
Total SOFT MATCH $228,000
TOTAL MATCH $288,000
If total includes any contributions from sources other than the applicant, include signatures
below or submit separate letters of commitment (see Supporting Documents-Part 2).
NA
Agency or organization
Agency or organization
Signature
Date
Signature
Date
r""'--
Cost Estimate
Use this form or equivalent. You may change line spacing and sub-headings to reflect relevant
items of work for your project.
PRELIMINARY ENGINEERING(PE)
Project Administration
1. Sponsor's administrative costs
2. ODOT administrative costs
Design and Development
1. Engineering
2. Railroad Permitting
Environmental Process
1, Permitting
Coordination
1, Partnering with other agencies
2,
Information I Interpretive
1, Public input process
Other Proiect Development or PE
1.Bidding
2,Contract and value engineering
constructability review
RIGHT-OF-WAY (ROW)
1. Legal document preparation
Quantity (Q)
Unit Price (UP)
Cost (Q x UP)
40 hou rs $50/ hour $2,000
Lump Sum $10,000
10% $557,000 $50,000
$1 ,000
100 hours $80/ hour $8,000
40 hours $50/ hour $2,000
50 hours $80/ hour $4,000
75 hours $40/ hour $3,000
20 hours $50 / hour $1,000
Total PE $81,000
$2,000
Total ROW $2,000
.,......." --
CONSTRUCTION (CONST)
Site Preparation
1. Mobilization
2. Survey
3.
Roadway. Bikeway. Walkway
1, Excavation and fill placement
2. Minor structure and drainage
3. Surfacing (AC)
Buildinas and Other Facilities
1. Landscape
2. Irrigation
3, Lighting
Other Construction Activities
1. Temporary traffic control
2. Erosion control
Contingency
Construction Engineering
Cost Estimate (continued)
Ouantity (Q)
Unit Price (UP)
Cost (Q x UP)
Lump Sum $24,000
Lump Sum $15,000
3970 CY $18/ CY $72,000
4872 LF $5 / LF $24,000
1133 tons $60 / ton $68,000
73,000 SF $1.12/SF $88,000
73,000 SF $0.08/ SF $58,000
15 poles $1200 each $18,000
Lump sum $5,000
Lump sum $15,000
Subtotal $387,000
20-30% of total construction costs above $484,000
Approx. 15% of construction with contingency $73,000
Total CONST $557,000
Total Cost: $640,000
PE + ROW + CONST
.,.........--
Section 3: Narrative
Project Description:
Ashland's vision is to achieve a transportation system that fully integrates the
community's current and future wants and needs while enhancing its livability, character and
natural environment. The funding of this project will allow the completion of another link in
the Bicycle System Plan as outlined in the City's comprehensive plan and approved
Transportation System Plan.
The North Ashland Multi-use Path project is eligible for the Transportation
Enhancement Program under the provision of facilities for pedestrians and bicyclists. This
project, if funded, would complete a very important non-automotive link through the northern
part of the City of Ashland, enhance the quality of Oregon's state highway transportation
system, and help reduce dependence on the automobile. This project has been in the planning
stage for more than 10 years and is now ready for implementation driven by a recently
purchased 5,035 foot easement from Central Oregon and Pacific Railroad. The 10 foot wide
paved multi-use path will begin approximately 2600 LF north of the railroad tracks at the
north edge of a large track of private land presently proposed for development. It will run
adjacent to the railroads tracks beginning at the north city limits at Jackson Road and Highway
99 (North Main Street) and end at Laurel Street and Hersey Street. The connectivity links are
all state highways and busy arterial or local collector streets. The multi-use path will connect
at the north end to the State highway system, but within Ashland's Urban Growth Boundary.
At the south end, it will connect with bike lanes on Hersey Street that connect to lanes on Oak
Street and eventually connect to the Central Business District and the existing Central Ashland
Bikepath at Eighth Street. (See attached project drawing.) A private development proposed
along a portion of the project will provide additional connectivity to Nevada Street.
The total design, engineering and construction costs of the proposed project are
approximately $640,000 in public funds and $228,000 in private funds. The City of Ashland
seeks $580,000 in grant funding. (See Matching Fund and Cost Estimate sheets.)
Purpose and Need:
The ability to easily walk and bike is associated with higher levels of livability for
communities. If Ashland is to strengthen this important part of its culture, it must implement
vital transportation strategies. Oregon's past focus on accommodating the automobile must
now be replaced by concerted efforts toward equally accommodating all modes of travel.
A 1990 City of Ashland Bikeway Study by Robert H. Foster Consultants concluded that
due to the narrow right of way, existing businesses and homes, the concept for bike lanes on
this section of Highway 99 is limited without extensive land acquisition and demolition. He
suggested that an alternative route along the railroad should be implemented. In 2002, Oregon
State Highway 99 received paving improvements and introduced guardrails along a large
segment of this proposed project. The guardrail replaced ODOr s originally planned concrete
barriers known to the Bike and Pedestrian Commissioners and the press as "The Wall of
Death." The guard rails are only slightly less problematic for pedestrians and bicyclists than
the concrete barriers.
Ashland needs a city-wide multi-use nonmodal path network that serves a large and
diverse segment of the community. This project goes a long way toward that goal
representing 30% of the total network. Without the federal highway funds provided by ODOT,
this project will be put on hold. Furthermore, because the private developer will move
forward in construction of portions of the project, the fragmented system would be an
impediment to convenient travel.
or-......--
Relationship to Transportation:
Habit, established by our nationwide dependence on the automobile since the end of
World War II, accounts for many of the current travel options and give rise to the choice of
the automobile as the preferred mode of travel. Less apparent reasons for this choice are the
perception of greater distance than actually exists and the presence of unsafe, unaesthetic or
intimidating barriers to travel that discourage people from walking or cycling. This project
minimizes these barriers and allows the citizens of Ashland to circumvent the over 22,000 cars
per day that travel along Highway 99 (North Main Street).
The proposed path will serve a minimum of 3,800 citizens including: two elementary
schools, two large residential areas, as well as bike commuters, joggers, skaters, the 126
elderly of the Mountain View Retirement Center and recreational pedestrians and bicyclists
from around the county. The goal of the path is to provide safe, direct and efficient access to
both destinations and recreational opportunities not currently served.
Two-thirds of the population of the City of Ashland both live and work in the City and
generate an average car trip-length of under two miles. Changing energy and environmental
costs have made the development of safe, efficient bicycle and pedestrian routes a City
priority. In addition, walking and bicycling improve the traveler's health and well-being, as
well as benefit motorists, employers, the larger community and the environment in general.
Technical Merit:
According to the 1995 Oregon Bicycle and Pedestrian Plan Multi-use paths enhance
bicycle and pedestrian travel in urban areas where the existing road system does not currently
serve this population. The Central Oregon and Pacific Railroad right of way provides a ready-
made corridor free of obstacles where street crossings are minimized. A 1993 study "Rails-
With- Trails: Sharing Corridors For Recreation and Transportation," showed the trains and
multi-use paths could safely and satisfactorily co-exist. The study showcased paths adjacent
to tracks with 10-25 mph trains running approximately three times daily to one per month.
One path was as close as eight feet to the tracks with minimal barriers such as vegetation and
slight grade separation. No trail user/train accidents were observed. The study concluded that
"rails-with-trails" might be the solution for providing communities auto-free pathways for
transportation and recreation.
This project will be planned and designed in accordance with the "Oregon Bicycle and
Pedestrian Plan" as well as any applicable ODOT, AASHTO and FHW A current standards.
Many years of planning and coordination go into the design of this project. This project is
documented in the City's Comprehensive Plan, Transportation Systems Plan and the current
budget.
The scope of the project has been developed based on the opportunity presented by the
recent acquisition of the required easements from the Central Oregon and Pacific Railroad and
adjacent private property. When the City limits extend northward in the future, it is anticipated
that the multi-use path will connect with the Bear Creek Greenway thus facilitating a
nonmodallink from Ashland and Gold Hill.
As evidenced by the enclosed scope and cost estimate, the project is wholly practical,
appropriate and provides a permanent alternative to a large cross-section of Ashland citizens.
Support:
Financial support for this project by the City of Ashland and the private developer is
assured. The City of Ashland is contributing Transportation SDC's in the amount of $60,000
to be used as a hard funding match for this project. The developer of the adjacent property has
committed to construct 37% of the project's length as well as grant easements in excess of
'...............-4....___"
$100,000. In addition, the City of Ashland acquired the railroad right of way for $100,000
using capital improvement funds.
The inclusion of this multi-use path into the City of Ashland's existing bicycle and
pedestrian system will further enhance the commitment of the City to move towards equality
for all transportation modes. In effect construction of this path supports regional goals
adopted by programs such as the Bear Creek Greenway, US Forest Service Trail Systems and
Oregon Department of Transportation Bicycle and Pedestrian Department. This project is
endorsed by Mayor Alan DeBoer and the City Council, the City of Ashland Bicycle and
Pedestrian Commission, Traffic Safety Commission and the private developer of the property
adjacent to the proposed path.
The North Ashland Multi-Use Path is included in the current Capital Improvement
Project pending funding. The Engineering Department will advertise for contract work to
ensure timely construction within the specified budget. Long-term maintenance will be
provided by the Ashland Street Department as part of their regularly scheduled maintenance
program.
Importance:
The proposed project will serve a minimum of 3,800 citizens coming from all "walks" of
life. There are two schools, the hospital, retirement facility as well as two large residential
areas nearby. The goal of this project is to provide safe, direct and efficient access to
destinations and recreational opportunities not currently served. Our goal is to serve more than
resident cyclists, but by pedestrians, joggers and skaters - indeed, it will by an integral
component of a community transportation system. In addition, because Highway 99 is
designated a State of Oregon bicycle route we predict a high number of visiting cyclists as
well.
This project is identified by the City of Ashland and ODOT as an vital component of our
transportation system. The City Council through its adoption of the Valdez Principles
acknowledges direct responsibility for the environment and is committed to reducing air
pollution. The Bicycle and Pedestrian Commission advocates the equal opportunity to use
non-automotive forms of travel and to ensure the development of bicycle and pedestrian
facilities into a well-designed, integrated transportation network for Ashland citizens.
Ashland's award-winning Transportation Element of its comprehensive plan along with
Southern Oregon's only Transportation System Plan adopted in 1998, identify the North
Ashland Bikeway project as a priority.
This project will be delayed until a new source of grant funding can be secured.
Focus Areas:
The North Ashland Multi-use Path represents new construction of an important
nonmodal transportation route. Highway 99 is designated a State of Oregon bicycle route and
many section within the City of Ashland are a serious impediment to safe and convenient
travel. Connectivity of travel routes is as important as having a physical place to travel. The
number of people who regularly walk and bicycle is one measure of a city's quality of life. The
citizens of Ashland recognize the need and the project has been intended for a long, long time.
This project is closely linked to a private development as described above. The Billings
Ranch Subdivision will be a development of mixed housing, consisting of 23 attached town
homes, 50 detached single family dwellings and common open space for "wetland
preservation, passive recreation and aesthetic relief."
,'. --
PART 2 .. Endorsements
Complete all sections relevant to your project, or attach separate letters and documents.
Metropolitan Planning Organization (if within MPO jurisdiction)
Name:
NA
Title:
Signature:
Date:
Public Agency or Indian Tribe Approval (to propose a project on land not owned by applicant)
Name:
NA
Title:
Signature:
Date:
ODOT Region Manager Approval (if non-ODOT applicant proposing project in state highway right-of-way)
Name:
NA
Title:
Signature:
Date:
local Government Commitment (for cities over 50,000. Cities under 50,000 must provide council
resolution.) Resolution to follow. F~ \~J ZOO=;'
I confirm that Ashland [city] supports the proposed project.
I have the authority to commit all funds and resources needed from my agency to deliver the project.
Title: Public Works Director
Signature:
Date: ~ 4 J ?co 1>
Other Endorsement (partner agency, planning agency, Community Solutions Team, Regional
Partnership, Area Commission on Transportation, council of governments, Scenic Byway proponent)
Name: John
Title: Director of Community Development
Date:
Othe IE orsement (pa r ncy, planning agency, Community Solutions Team, Regional
Partnership, Area Commission on Transportation, council of governments, Scenic Byway proponent)
Sign
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Feb-05-03 02:29P billings ranch golf group 541 60B 3B41
P.Ol
BILLINGS RANCH GOLF GROUP,LLC
Golf Course & Residential Development
February 4, 2003
Pat Rogers Fisher
ODOT Program Manager
Tr~~rtMwnE~memProwwn
355 Capitol 8t NE 5th Floor
Salem. OR 97301-3871
RE: North Ashland Muhi-Use Path Transportation Enhancement Grant Application
Dear Pat.
As the Managing Partner for the proposed development described in the City of
Ashland's grant applicatio~ I endorse the City's proposal referenced above. The
developments we are proposing to the City of Ashland and Jackson County include the
construction ofthc muhi-use path adjacent to a 12 lot residential subdivision and a
po rtion of public access golf course frontage shown on our submitted plans. The path
fronts the subdivision portion of the development within city limit~ as well as along
Highway 99 near the entrance to the portion oflhe development outside city limits. We
also intend to grant Public Access Easements for the remaining path frontage within our
development, which would be funded using grant monies.
1 see this project as beneficial to the future residents of our development as well as to the
City and State as at whole. Please consider my endorsement when detennining which
grants your organization chooses to award.
Michael R. Peru
Managing Partner
cc: Paula Brown
2406 SllTl Ollks Drive · Medford, OR 97504 · (541) 608-2845 . (541) 608-3841 fax - bil1in~smnt:h@ehl.lrl:cr"nct
.-..,....--..-. ,'.--
CITY OF
kSHLAND
Council Communication
TITLE: Resolution Authorizing the Issuance of Water Revenue Bonds for a Total Not To
Exceed $3,500,000, and Providing for Publication of Notice.
DEPT: Finance Department
DATE: February 18, 2003 /riff, Q-
SUBMITTED BY: Lee Tuneberg, Finance Director
APPROVED BY: Brian Almquist, Interim City Administrat0(r~ ~/~
Synopsis:
Attached is a resolution authorizing staffto take the necessary steps to issue Water Revenue Bonds for
capital projects and refunding the 1994 bonds. Included in the steps is publishing a Notice of Revenue
Bond Authorization (sample attached) for legal compliance.
Recommendation:
Staff recommends approval of this resolution.
Fiscal Impact:
This is consistent with the 2002-2003 budget and past practices in financing capital projects.
Background:
The listing of projects included in the Capital Improvement Program approved as part of the FY 2002-
2003 budget process identified certain water infrastructure projects deemed necessary and appropriate to
meet public need. Such projects routinely utilize multiple funding sources for the work including System
Development Charges, Local Improvement Districts proceeds and borrowings paid over the life of the
loan(s) with water rate revenues.
Approved projects requiring partial funding through bond sale with the debt service paid by rates are:
1. New Fire Flow Distribution Reservoir ($2.3 million, $1.6 million form bonds)
2. Transmission Line from Reeder to the Plant ($1.2 million, $734,000 from bonds)
3. Main Supply Line from the Plant to Crowson Reservoir, ($1.1 million, $541,000 from bonds)
Note: The amounts shown are the most current estimates for project costs.
These estimates translate into a bond sale of approximately $2.9 million for projects. The resolution
asks for a not to exceed amount of $3.5 million allowing issue costs and reserve requirements to be
included in the sale. We estimate a rate of 4.5% on the new issue of 20 year bonds.
The potential for refunding the 1994 Water Revenue Bonds is high with a net savings to the city of
$188,000 over the remaining life of the bonds replacing the current 6.3% rate with a 3.6% borrowing.
RESOLUTION NO.
A RESOLUTION OF CITY OF ASHLAND, JACKSON COUNTY,
OREGON, AUTHORIZING THE ISSUANCE OF WATER REVENUE
BONDS FOR A TOTAL NOT TO EXCEED $3,500,000, AND PROVIDING
FOR PUBLICATION OF NOTICE.
The City of Ashland resolves as follows:
Section 1. Findings
The Council finds as follows:
1.1 It is financially feasible and in the best interests of the City to authorize the issuance of
bonds under the Uniform Revenue Bond Act to finance improvements, property acquisition and
other public purposes related to the water system, including a transmission line, a distribution line,
fire flow distribution, a reservoir, and a water treatment plant, and to pay all cost incidental thereto
(the "Projects").
1.2 The City is authorized to issue revenue bonds for any public purpose under Oregon's
Uniform Revenue Bond Act (ORS 288.805 to 288.945 or the "Act"). Revenue bonds issued under
the Act may be payable from all or any portion of the water system revenues of the City (the
"Revenues").
1.3 It is desirable to obtain $3,500,000 of bonding authority to finance the Projects.
1.4 The City will cause a plan to be prepared showing that the City's estimated Revenues
which are pledged to pay each series of bonds authorized by this resolution will be sufficient to
pay that series.
1.5 The City previously issued its Water Revenue Bonds, Series 1994 (the "1994 Bonds") that
bear interest at rates that are higher than current market rates, and the City may be able to reduce
debt service expense by refunding the 1994 Bonds. The City will establish the terms and
conditions associated with those refunding bonds by subsequent resolution.
Section 2. Bonds Authorized
The City hereby authorizes the issuance of not more than Three Million Five Hundred Thousand
Dollars ($3,500,000) in aggregate principal amount of revenue bonds to finance the Projects and
pay related costs. The bonds shall be issued and sold in accordance with the Act, and shall be
payable solely from the Revenues which the City pledges to pay the bonds. Prior to selling the
bonds the City Council shall establish by resolution or delegate the authority to establish the terms
and conditions of the bonds pursuant to ORS 288.520.
Section 3. Professional Appointments
The City hereby appoints Preston, Gates and Ellis LLP as bond counsel and Westem Financial
Group, LLC as financial advisor for the revenue bonds. Western Financial Group is authorized to
Page 1 of 3
submit an advance refunding plan to the Oregon State Treasury in preparation for issuing
refunding bonds to refund the 1994 Bonds.
Section 4. Notice; Procedure
4.1 No bonds may be sold, and no purchase agreement for the bonds may be executed, until at
least sixty (60) days after publication of the Notice of Revenue Bond Authorization, which is
attached to this resolution as Exhibit "A" (the "Notice"). The Notice shall specify the last date on
which petitions may be submitted, and shall be published in at least one newspaper of general
circulation in the City in the same manner as are other public notices of the City.
4.2 If petitions for an election, containing valid signatures of not less than five percent (5%) of
the City's electors, are received by the date indicated in the Notice: the question of issuing the
bonds shall be placed on the ballot at the next legally available election date; and, no bonds may
be sold under this ordinance until the question of issuing those bonds is approved by a majority of
the electors of the City who vote on that question.
Section 5. Bonds Payable Solely froru Revenues
The bonds shall not be general obligations of the City, and neither the authorization nor issuance
of the bonds shall authorize the City to levy any additional taxes. The bonds shall be payable
solely fi.om the portion of the Revenues which the City pledges to payment of the bonds pursuant
to ORS 288.825(1) and the resolution to be adopted by the City pursuant to Section 2 of this
resolution.
Section 6. Effective Date
This resolution takes effect upon signing by the Mayor.
This resolution was read by title onl~Ythin accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this 18 day of February, 2003.
, City Recorder
Barbara Christensen
SIGNED and APPROVED this 18th day of February, 2003.
, Mayor
Alan W. DeBoer
Re~d~ , City Attorney
Paul Nolte
Page 2 of 3
Exhibit A
Notice of Revenue Bond Authorization
NOTICE IS HEREBY GIVEN that the City Council of the City of Ashland,
Oregon (the "City"), adopted Resolution No. __ on February 18th, 2003, authorizing the
issuance of revenue bonds to finance improvements, property acquisition and other public
purposes related to the water system, including a transmission line, a supply line and a fire flow
distribution reservoir (the "Projects").
The City Council may establish by subsequent resolution all terms, conditions and
covenants regarding the bonds and the Project revenues pledged to the bonds which are
necessary or desirable to sell the bonds.
The revenue bonds described in this notice will not be issued in an aggregate
principal amount of more than Three Million Five Hundred Thousand Dollars ($3,500,000). The
bonds shall be payable solely from the portion of the "revenues" (as defined in the Uniform
Revenue Bond Act ORS 288.805 to 28L.945, or the "Act") from the City's water system which
the City pledges to the payment of the bonds. The bonds shall not be general obligations of the
City, nor a charge upon its tax revenues, but will be payable solely from the revenues which the
City pledges to the payment of the bonds.
If written petitions requesting an election on the issuance of the bonds, signed by
not less than five percent (5%) of the City's electors, are filed at the Office of the City Recorder
on or before __., 2003 (the 61st day after the date of publication of the notice), the question
of issuing the bonds shall be placed on the ballot at the next legally available election date.
The Office of the City Recorder is located at 20 East Main, Ashland, Oregon
97520.
The resolution authorizing the bonds is available for inspection at the Office of
the City Recorder.
The bonds will be issued and sold under the Act; this Notice is published pursuant
to ORS 288.815(6).
By order of
THE CITY COUNCIL OF CITY OF ASHLAND,
Jackson County, Oregon
Page 3 of 3
Exhibit A to Resolution
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