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HomeMy WebLinkAbout2005-1107 Study Session Packet CITY lOF AS H LJ\.N D AGENDA FOR STUDY SESSION ASHLAND CITY COUNCIL November 7, 2005 Civic Center Council Chambers 1175 E. Main Street 5:00 p.m. Regular Study Session televised I. CALL TO ORDER II. ROLL CALL III. STUDY SESSION TOPICS 1. Discussion of Watershed Projects [20 minutes] 2. Discussion of Charter Committee Recommendations [1.5 hours) IV. 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). ADMINISTRATION 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us phone: 541-488-6002 fax: 541-488-5311 tty: 800-735-2900 I... I'_~ CITY.OF ASHLJ\ND Council Communication STUDY SESSION WATERSHED PROJECTS UPDATE Meeting Date: November 7, 2005 Department: Ashland F~.r Rescue Contributing Departments: Approval: Gino Grimaldi :<' Primary Staff Contact: E-mail: Secondary Staff Contact: E-mail: Estimated Time: 20 minutes Keith E. Woodley woodleyk@clshland.or.us Statement: An update for the City Council concerning current silvicultural projects within the Ashland Watershed and adjacent lands has been scheduled on Monday, November 7, 2005, at 5 p.m. Background: Current silvicultural projects within the Ashland Watershed and on adjacent private lands include the Ashland Watershed Protection Project (A WPP, USFS 2000), the proposed Ashland Forest Resiliency Project (APR, USFS 2004), Winburn Parcel Project (WPP, COA 2006), Ashland Wildfire Mitigation Project (A WMP, COA 2000) and the Fire-Safe Landscaping Project (FSLP, COA 2005). Representatives from the USFS and City of Ashland will be present at the study session to provide an update on these projects. Related City Policies: Ashland Forest Management Plan Council Options: (Information only, no council action required) Staff Recommendation: (Information only, no council action required) Potential Motions: (Information only, no council action required) Attachments: None ~~. ._~ 11 CITY OF ASHLAND Council Communication/Study Session Discussion of Charter Committee Recommendations Meeting Date: November 7,2005 Department: fiministration Contributing De ents: Approval: <" Primary Staff Contact: Ann Seltzer ~ ann@ashland.or.us Secondary Staff Contact: Gino Grimaldi g rimald ig@ashland.or.us Estimated Time: 1.5 hours Statement: At the council study session on October 3, the council decided to discuss the Charter Review Committee recommendations at the November 7 study session. In addition, council asked staff to get an estimate from charter consultant, Tom Sponsler, on the cost to draft an Ashland Model Charter that incorporates the committee recommendations and a draft that incorporates the existing charter. Sponsler estimates that both drafts would take approximately ten hours each, or less. His hourly rate is $180.00. Twenty'hours at $180 is $3,600. The FY06 budget includes $5000 for services associated with the charter. Background: The Charter Review Committee presented its final report to the Council on July 19, 200:5. The Charter Review Committee recommended adopting the format of the Oregon Model Charter, incorporating specific recommendations and removing outdated and superfluous language and all language associated with salaries, funding, etc. In addition the committee recommended further research into duties associated with the City Recorder, Municipal Judge salary, language related to selling Ashland water and language related to the hospital and cemetery. . Staff Recommendation: Discuss the recommendations of the Charter Review Committee; determine which if any recommendations to move forward and to incorporate into a legal draft for council review. Based on conversation from the previous study session there are two decisions to be made per each recommendation: 1) determine if a given recommendation will be brought forward and if so 2) determine if the recommendation to be brought forward should be incorporated into a draft updated charter which is easy to read and free of superfluous language or determine if the recommendation should be a separate measure. For example: Recommendation #7 is to streamline existing charter language and combine the Parks Commission and the Recreation Commission and to remove charter language that dictates the commission funding formula. Should the council agree with this recommendation, the language could be incorporated into the draft charter. Or if the council feels this may potentially be an important issue for voters to consider separately, the language in the draft charter could be the same as the existing charter language and the committee recommendation could be called out as a separate measure to modify the existing language. Suggested Next Steps for Council · Schedule a future study session if needed to continue to discuss recommendations of the committee and to determine which recommendations should be brought forward. Once all the issues have been discussed and decisions made on those to be brought forward, they will be drafted into legal language. · Scheduk a special meeting for council to review the legal draft and to provide an opportunity for the public to comment. A special meeting allows the council and the public to focus on the charter without the time constraints that can occur at a regular meeting. · Scheduk a second special meeting for council to approve final ballot language to forward to the county for a future election. A special meeting allows the council and the public to focus on the charter without the time constraints that can occur at a regular meeting The Charter Review Committee recommended that further research is needed for the following: · Duties ofthe City Recorder, particularly those associated with treasurer duties, and the current lack of mandatory qualifications for the position as stated in the charter, Article VI, Section 2 and in AMC 2.08.020. · Whether or not there should be compensation for the Municipal Judge. · Clarify current language in Article XVI, Section 2 of the charter regarding water works. The City Attorney drafted alternative language and the committee did not feel they had adequate time to review and understand the particulars and that the language associated with the selling of water should be handled by the Council. · The committee felt it was important to include a reference to the Hospital and the Cemetery in the charter however they did not have a full understanding of the relationships as they exist today and felt it appropriate for the Council to addresses these two provisions. Suggested Actions · Appoint a small committee from the charter review committee to review current duties of the City Recorder (Charter and AMC) and compensation of the Municipal Judge and bring a recommendation back to the council. · Direct the City Attorney to present to the council an overview of Article XVI, Section 2 for clarification purposes and to review current language regarding the hospital and cemetery and draft updated language that reflects the current relationship between the city and the hospital for council approval. Attachments: . Charter Review Committee final report. 2 ASHLAND CHARTER REVIEW COMMITTEE Final Report & Recommendations July 1,2005 Introduction and Backe:round: The Ashland City council initiated a charter review process in May 2004 with the authorization of a 10-member ad hoc citizen Charter Review Committee. The newly constituted committee was directed to conduct an independent assessment of the existing charter (last reviewed in 1978) and, if necessary, to draft a new or amended document suitable to "serve the community well into the future." Appointed by Mayor Alan DeBoer, the committee began work in July 2004. Our ranks included co-chairs John Enders and Carole Wheeldon, and members Hal Cloer, Kate Culbertson, Laurie MacGraw, Pam Marsh, Don Montgomery, Keith Massie, and Michael Riedeman.l The committee quickly realized that the task at hand would require more than a cursory review, and we agreed to undertake a systematic and comprehensive analysis of the charter. After a year of study, we are now forwarding our findings to the City council. In order to be enacted, charter revisions will need to be placed on the ballot by the council and approved by voters in a citywide election. Our work was ably staffed by Ann Seltzer, who fielded a tremendous number of requests from committee members and interested residents. City Attorney Mike Franell and Assistant Attorney Mike Reeder provided legal guidance, and Nancy Slocum and April Lucas provided us with minutes. In addition, the city engaged the services of Tom Sponsler, a consultant with expertise in charter reviews and revisions and the author of the Oregon Model Charter, who was contracted to assist the committee. This report summarizes our recommendations and work schedule over the past year. (See Appendix J: Council Approved Documents Establishing the Charter Review Committee) Public Input Process From the beginning the committee understood that public involvement and testimony were critical to our mission, and we attempted to include the community beyond the requirements of the law. Throughout our deliberations the committee adhered to the Oregon Public Meetings laws, and, whenever possible, meetings were broadcast :live on 1 Unfortunately, our tenth member, Roy Bashaw, resigned in December 2004. 1 RVTV (later available as streaming video on the city's website). We scheduled a public input session into each meeting agenda, and we planned a series of public forums and other outreach efforts to solicit comment. These efforts included: ./ Committee interviews with current and former elected and appointed officials. ./ Presentations to the Lions Club, Rotary, Chamber of Commerce, Green Party, and League of Women Voters. ./ Creation of an information brochure for distribution at public events ./ Articles in City Source. ./ Development of an employee survey designed to solicit input from city staff ./ Solicitation of extensive coverage in the Daily Tidings and, to a lesser extent, the Medford Mail Tribune. ./ Submission ofletters to the editor and op-ed articles explaining the charter process. ./ Development of research documents (white papers and, later, topic papers) that investigated specific issues. ./ Utilization of the city of Ashland web site. All committee documents have been posted on the web in order to maximize public access and encourage input. ./ Use of a Charter listserv to disseminate information and discussion. ./ Appearances on RVTV. In addition to the regular broadcast of our meetings, committee members participated in two interview shows focused on charter reVIew. ./ Establishment of a public outreach subcommittee to plan and coordinate efforts. Public forums included: ./ A January 20th meeting at the SOU Rogue River Room attended by approximately 75 community members. This meeting was structured with small breakout groups in order to provide and overview of charter review and to gather initial public comment. ./ An April ih meeting, also at SOU, focused on structure of government attended by approximately 30 people. Roundtable discussions invited residents to discuss the qualities/elements that enable government to provide good public service. ./ Issue forums. In addition, we scheduled a public input session on each specific issue prior to committee debate. Despite our best efforts, the committee was disappointed with the overall level of citizen participation. We realize, however, that the City council has an opportunity to generate significant public input during your review of our recommendations. A later section of this report ("Next Steps) suggests possible courses of action. (See Appendix II: Public Information Materials) 2 Structure of Recommendations Preliminary study and expert testimony enabled the committee to sort potential charter revisions into three areas of concern: 1) outdated charter language usurped by state law; 2) charter provisions that could be better legislated in the form of city ordinances; and, 3) structural and political provisions that seemed to warrant evaluation. Analyses produced by former city attorney Paul Nolte and by committee consultant Tom Sponsler highlighted significant sections of the charter containing outdated or extraneous language. After extensive discussion, the committee decided to adopt the Oregon Model Charter (developed by the League of Cities) as a template for the revised Ashland city charter. Our intent was to produce a document that clearly identifies the authority and accountability of local government and that reflects current state law. At the same time, the new streamlined charter would need to reflect the specific history and character that defines the Ashland community. Eliminating outdated language was easy; tackling sensitive political questions posed a much bigger challenge. As a result, the committee agreed to spend most of our time focused on a few key issues critical to the conduct of local government: ./ The mayor-manager/administrator relationship ./ Mayoral veto/ability to vote on council issues ./ Appointment of city commissions/committees ./ Election of city council by positions ./ Election of the city recorder ./ Election of the municipal judge ./ Election/powers of the Parks Commission and related issues re: the organization of the Parks Department ./ City Band Later in our discussions we identified two additional issues that seemed to warrant investigation: 1) council salaries; and, 2) periodic charter review. Kev Recommendations 1. The City of Ashland should be governed by a partnership between thl~ elected mayor (the political leader), a city manager (the administrative leader), and the council (the legislative body). Elected officials are ch:arged with responsibility for developing policy; the city manager should implement that policy. The manager's administrative powers should be expanded to include staff supervision (hiring, firing, and general accountability). Background: Article 4, Section 2 of the existing charter stipulates that the elected mayor is the "executive officer of the municipal corporation." Article 13 further delineates the mayor's powers, noting that s/he may "suspend and remove any appointive 3 officer at any time." In effect, the charter empowers the mayor to assume a range of administrative powers; in theory, the city administrator is responsible for implementing policy, but his/her managerial authority can be overshadowed by the mayor's broadly defined pDwers. Discussion: Proponents of the existing language argue: 1) that the mayor's position as an elected official should empower himlher to serve as a hands-on administrator; and, 2) that designation of a city manager could concentrate too much power in the hands of an appointed official. Conversely, critics of the current system believe: 1) that the size and complexity of city issues require professional management; and, 2) that policy is best created and implemented via a respectful partnership forged between elected and appointedl officials. Outcome: Understanding and analyzing the appropriate roles and responsibilities that should be assumed by elected and appointive officials consumed months of the committee's efforts and generated significant interest from elected and appointed officials (current and retired) and from members of the public. In the end, the committee approved this recommendation via unanimous vote. In a subsequent motion (approved 7-1), the committee agreed that the council and mayor together should be responsible for hiring and firing the manager. Finally, the committee augmented the recommendation by unanimously voting to adopt language in the model charter that clarifies that the council should "determine the rules governing recruitment, selection, promotion, transfer, demotion, suspension, layoff, and dismissal of city employees" that will guide personnel decisions. Specific duties delegated to the mayor and city manager are detailed in the appendix. (See Appendix III: Structure of Government) 2. The Ashland mayor should vote on all issues before the council; at the same time, the mayor's veto power should be eliminated. Background: Article 4, Section 3 of the existing charter stipulates that the mayor of the city is allowed to vote on issues before the council only in the case of a tie. At the same time, the mayor is required to approve or veto all measures within five days of passage. The couneil is allowed to overturn a mayor's veto via a two-thirds (4 of 6) vote. Discussion: Proponents of the existing framework argue: 1) that the mayor's non-voting status better equips himlher to facilitate meetings and provide political leadership; 2) that the mayor's veto power is an appropriate tool used to force the council to re-evaluate hasty or ill-considered decisions. and, 3) that veto power conveys more political leverage than the ability to vote. 4 Conversely, critics state: 1) the mayor's non-voting status clouds the public's understanding of his /her position on the issues; 2) application of the veto produces contention instead of consensus; and, 3) that the mayor's ability to cast a vote is a stronger investment of political power than is contained in the occasional veto. Outcome: The recommendation was endorsed by the committee on a 6-3 vote. A subsequent motion that the veto be retained in addition to the mayor's new voting power failed, 7-2. If approved, the mayoral vote will eliminate an anomaly in the existing charter. Under current conditions, the council is allowed to meet if three members plus the mayor are present. In this circumstance, as few as two council members can constitute a majority. If the mayor becomes a voting member, at least three votes will be required to approve any measure. (See Appendix III: Structure of Government) 3. The mayor should continue to appoint members of city commissions 3.nd committees, subject to council approval. Background: Under current practice, the mayor is responsible for appointing members of city commissions and committee members, subject to council approval. Discussion: Proponents of the status quo argue that the mayor's appointment powers allow himlher to appropriately set the political tone and direction of the city. Conversely, critics claim that this structure concentrates too much power in the hands of mayor; they argue that the council should be allowed to nominate and approve candidates for appointment. Outcome: The committee voted 8-1 in favor of the recommendation, effectively retaining the status quo. A second motion that would have specifically allowed Planning Commission members to be proposed and appointed by the mayor and council failed, 7- 1. (See Appendix III: Structure of Government) 4. The current position system for selecting council members should be eliminated in favor of citywide, at-large elections in which the top thrlee vote getters win the council seats at issue. Background: Article 8, Section 2 of the city charter delineates the existing system that governs selection of city council members. Existing language requires council members to be elected by position number (one through six); each candidate is required to 5 designate the number of the council seat to which he or she aspires. A candidate may run for one position in any given election. Discussion: Proponents of the status quo argue: 1) that the existing system produces richer debate and greater clarification of issues; 2) that the position system lends stability to local government by protecting incumbents from political movements that might be orchestrated to sweep sitting councilors from office; and, 3) that the position system may allow less-well known candidates to achieve office. Conversely, critics believe: 1) that the position system can be used to target specific minority candidates; 2) that it unnecessarily complicates the voting process and stYmies a citizen's ability to support the candidate:s of his /her choice; and, 3) that it can allow unchallenged incumbents to avoid scrutiny. Outcom(~: This was among the committee's more contentious recommendations, approved in a 5-4 vote. Related issues that the committee discussed and dismissed for lack of interest included changing the number of council members, imposing term limits, and adoplting a ward system for council election. The committee also discussed the possible adoption of charter language that would permit or enact an instant voter runoff system in city elections. In the end, the committee decided not to recommend IRV, citing concerns regarding cost, legality, and insufficient research. However, the committee did agree to forward to the council excellent background material prepared on the subject by IRV advocate Pam Vavra and to note the substantial public input we received endorsing IRV. (See Appendix IV: Council Election Materials) 5. Tille city recorder should continue to be elected by the voters. However, charter language that dictates compensation should be removed; n:sponsibility for salary issues would be assigned to the Citizens' Budget Committee. 1111 addition, the city council should appoint a task force or committee to study the issues of the city recorder [and municipal judge] in additional d<<~pth. Background: Article 3 of the current charter describes the recorder as an elected city officer; section 3 pegs compensation to the 1974-75 level with specified annual adjustments. Discussion: Proponents of the status quo argue that election by the voters ensures that the recorder will remain independent and available to city residents; they note that the recorder is the only fulltime city official elected by the citizens. Conversely, critics point out 1) that most city recorders are now appointed and supervised by councils and managers; and, 2) that election may not guarantee that the winning candidate has the 6 requisite skills to fulfill the duties of the office. Proponents of the task force argued that the council should investigate whether the recorder should retain treasurer's duties now delegated to that office. Speakers on both sides of the election issue questioned the inclusion of compensaltion language in the charter, citing the committee's efforts to remove all specific funding notations from the document. Outcome: The committee endorsed the first recommendation unanimously; the task force endorsement was approved on a 5-4 vote. (See Appendix V: Election of the City Recorder) 6. The municipal judge should continue to be elected by the voters. However, charter language that dictates compensation should be removed; responsibility for salary issues would be assigned to the Citizens' Budl~et Committee. In addition, the city council should appoint a task force or committee to study the issues of the [city recorder] and municipal judge in additional depth. Background: Article 3 of the current charter describes the municipal judge as an elected city officer; section 3 pegs compensation to the 1974-75 level with specified annual adjustments. Discussion: Proponents of the status quo argue that the election process allows voters to choose a municipal judge who will understand and incorporate local values in his/her approach to the judiciary. Conversely, critics question whether the current system is cost effective. Proponents of the task force suggested that the council investigate the level of judicial salary, imposition of a residency requirement, and the general powers and duties of the judge. As with the recorder, speakers on both sides of the election issue questioned the inclusion of compensation language in the charter, citing the committee's efforts to remove all specific funding notations from the document. Outcome: The committee endorsed the first recommendation unanimously; the task force endorsement was approved on a 5-4 vote. (See Appendix VI: Election of the Municipal Judge) 7 7. Members of the Parks and Recreation Commission should continue to be elected by city voters, and the Parks Department should continue to be administered as an autonomous entity independent of the rest of city government. However, existing charter language should be streamlined to combine the Parks Commission and the Recreation Commission. Finally, charter language that dictates the department's formula should be removed from the charter; the Parks and Recreation budget should be determined via tllie annual city budget process. Background: Article 19 ofthe existing charter (part of the original 1908 document) establishes the Parks Commission as an elected body of five residents invested with the control and management of city parkland and accompanying funding. Section 3 grants the commission independent taxing authority (not to exceed four and one half mills on the dollar) necessary to support the parks program. Finally, Article 22 specifies that the Park Commissioners also serve as members of the Recreation Commission. Over the years, the Park Commission's independent funding stream and elected status enabled the establishment of an independent Parks and Recreation department within city government. The Parks Commission hires and fires the department manager, establishes internal policy and procedures, and reviews the annual budget. Ballot Measure 50 (1997) effectively eliminated the department's fiscal independence; Parks and Recreation funding is now established through the Citizens' Budget Committee process. However, the Department continues to be administered as an independent arm of city government. Discussion: Proponents of the existing system argue: 1) that election by the voters provides powerful leverage and independence for the Commission; 2) that the department's autonomy has enabled it to creatively develop and maintain the expansive system of city parks; and, 3) that the city's park system is intrinsic to the aesthetic and character of Ashland, and warrants special charter protections. In turn, critics believe: 1) that the Parks Department is most appropriately administered under the auspices of the city administrator/manager, which would be consistent with the committee's recommendations to place all administrative functions under the city manager; 2) that the autonomy of the department creates inequities among city employees; 3) that the elected Commission usurps decision making powers that rightfully belong to the council; 4) that appointment, rather than election, might attract better qualified eandidates for the commission; and, 5) that the existence of an elected commission no longer provides fiscal protections for the department, given the passage of Measure 50. Outcome: The recommendation was approved by a vote of 8-1. Our decision to remove moribund funding language from the charter was consistent with our overall attempts to keep the charter free of budget figures. However, the committee 8 acknowledges that Parks funding is integral to its success; we recommend that the council consider implementing an ordinance that would formalize Parks funding. (See Appendix VII: Parks and Recreation) 8. The Ashland City Band should be retained in the charter; however, funding language should be removed and budget issues delegated to the CitizelBs' Budget Committee. The committee recommends that the Band be placed under the authority of the city Parks and Recreation Department. Background: Article 21 of the current charter requires the council to include in the annual budget an allocation not to exceed six-tenths (.6) mills on the dollar for the purpose of a City Band. By tradition (though not function), the Band falls under the auspices of the city finance director; as a result, the Band often operates quite independently from city structure. Discussion: Proponents of the current charter language argue that the City Band will survive and thrive through the specification of a funding formula embedded in the charter. Conversely, critics suggest that the charter should never cite specific budget numbers; instead, funding should be allocated through the annual budget process. Speakers on both sides of the funding issue agree that the Parks and Recreation Department is the most appropriate home base for the Band. Outcome: The recommendation was approved via unanimous vote. In addition, the Charter Committee notes that preservation of the band's funding is integral to its success; we recommend that the council consider implementing an ordinance addressing the band's funding requirements. (See Appendix VIII: Ashland City Band) 9. Charter language that requires voter approval of all increases in council salaries should be eliminated; salary levels should be established via ~l city ordinance. Background: Article 3, Section 3 of the current charter requires that changes to the level of compensation received by elective officers (except for recorder and judge) be submitted to a vote of the people. Right now, each city council member receives $350 per year and the mayor receives $500; these pay levels have been unchanged since at least 1976. However, elected officials also receive full medical, vision and dental benefits and a small life insurance policy that covers themselves and dependents. Discussion: Proponents argue that the existing system restrains the council from enacting costly and/or inappropriate pay increases. Conversely, critics of the status quo 9 claim: 1) that salary issues are best delegated via ordinance; and/or, 2) that council members deserve to be paid for the work that they perform. Outcom(~: The committee endorsed the recommendation via a 7-1 vote, with one member abstaining. Discussion that preceded the vote focused on the generous health benefits package now extended to council members. The committee suggests that council members consider assuming an insurance co-payment equivalent to that paid by city employees. (See Appendix IX: Council Salaries and Benefits) 10. The city council should convene a citizen-based Charter Review Committee at least every ten years. Backgrolllnd: The current charter does not address the question of periodic review. Discussion: Proponents of periodic review argue that a mandatory review process ensures that the charter remains relevant to the conduct of city affairs; critics question the necessity for such a requirement. Outcom(~: The committee unanimously endorsed the recommendation. Charter Housekeepine As noted earlier, analyses produced by former city attorney Paul Nolte and by consultant Tom Sponsler highlighted significant sections of the charter containing outdated or extraneous language, or addressing issues better delegated to a city ordinance. We have used that input to identify sections of the charter that should be eliminated from inclusion in the new model charter; these recommendations are detailed in the chart on the following page. (See Appendix X: Charter Mark-ups/Model Charters) Finally, as one of our last actions, the committee attempted to clarify language in Article 16, Section 1 (Public Utilities: Water Works). In response to concerns expressed by City Attorney Mike Franell, the committee unanimously approved an amendment stipulating that city water can be sold to businesses located within city limits. Later, we asked the city attorney to prepare additional wording prohibiting businesses from re-selling that water as a primary commodity. However, after discussion, the Charter Committee declined to take further action, agreeing that issues that might be viewed as amending water policy should be arbitrated by the city council. Mr. Franell's suggested language is contained in the appendix; the council may wish to initiate a task force or committee to look at this issue in the coming months. 10 (See Appendix XI: Suggested Language for Article 16, Section 1) Items to be changed or eliminated in the charter. ARTICLE SECTION TITLE ACTION REASON I 3 Boundaries: 2NU Remove State law ORS sentence ORS 192 OAR 166 III 6 Interest in City Remove ORS 244 Contracts IV 2 Mayor Mod ify to Complements enumerate model charter powers of section on powers Mayor. See of manager Appendix III item C. VI 2 Recorder; Powers and Remove Covered by Duties municipal code 2.08.020 VII 2&3 Elections; Notice & Remove ORS 254 Special VII 6 Elections; Canvass of Remove ORS 254 Returns VII 7 Tie Votes Remove ORS 254.575 VIII 5&6 Council; Journal, Remove ORS192 Proceedings to the public IX All Special powers of the Remove "Dillon's Rule" Council WhE!re express pOWters are granted, only those powers and those necessary to carry out the granted power are given. See City of Corvallis v.Carlile, 10 or 139 (1882) Broad powers grant overcomes this limitation. XI 1&4 Public Improvements Remove ORS 279 XII All Taxation Remove ORS 294,310 XIII 4 Appointive Officers Remove ORS 244 XIV All Chief of Police Remove Inherent in city strUGture. Sec. 2 possible ordinance. Consider ordinance to provide for a member of the police staff to be present at council 11 meetings as in Section 2. XV 2 Court Remove This has never been done. XV 3 Court Remove ORS 138 XV 4 Jury Retain Keep per City Attorney Mike Franell XVI 1 Public utilities Study Clarify language see Appendix X, item D. XVI 2 Torts Remove ORS 30 XVI 3 Existing Ordinances, Remove from ORS 30 Acts, ProceedinQs line 3 to end XVI 4 Repeal of previously Remove History of enacted provisions amendments are public record pursuant to public records laws ORS 192 XVII All Hospital Remove Committee is except for uncertain what the Section 1 current relationship Study is with the hospital remaining and is hesitant to sections to remove all explore current language until relationship clarified. Leave with hospital. Section 1 if language is accurate after study. XVIII All Cemeteries Trust Remove all Create ordinance to Fund reference to consolidate. Retain dollars and some reference. dates. XX All Airport Retain Language unique to Ashland. Next Steps The conclusion of the Charter Review Committee's work marks the end of the first phase of charter review2. We are now pleased to pass the torch on to the city council. We suggest that you consider incorporating the following next steps into your process of reVIew: V oter Involvement: As a first priority, the council should launch a voter awareness campaign designed to provide residents with information on the proposed charter changes 2 See Appendix XII: Summary of Expenses 12 and to establish opportunities for interaction and dialogue. Such a campaign might include: . Media articles, interviews, television, radio. . Mini forum/public hearings, etc. . Informational events. . Talks to civic groups. . Flyers (such as in utility bills, etc.) Ballot Language: After preliminary review, the council should engage Tom Sponsler, the city's charter consultant, to prepare draft ballot language for the proposed charter changes. This can be done either before or after council review of the committee recommendations. As part of this process, the council will need to decide if proposed charter revisions should be presented to voters in one complex ballot measure, or, instead, structured as a series of single-issue measures that allows voters to pick and choose among options. Additional Research Committees: Consider establishing task forces or committees to: 1) pursue additional investigation of specific issues, including the roles and responsibilities of the city recorder and municipal judge; 2) develop city ordinances that might replace charter language; and, 3) conduct legal review of the draft charter. Timeline: Develop a timeline for council actions leading to ballot measure.s, including conceptual review of recommended changes, draft ballot language, public forums/hearings, and the selection of an election date. Finally, please feel free to engage any of us if you need background information, clarification of our recommendations, or additional insight into our decision rationale. 13 DOCUMENTS SUBMITTED AT THE NOVEMBER 7TH, 2005 STUDY SESSIOr~ Rogue River-Siskiyou National Forest - September 2, 2005 AGENCY TREATMENTS PREVENT WINDBURN RIDGE FIRE FROM ESCALATING Firefighters Battle Lightning-Caused Fire It was cause for concern when on July 31, a late afternoon lightning storm touched off three fast moving, wildland fires, the largest of which was the Windburn Ridge Fire, burning in a vulnerable, dry area in the middle of the Ashland Municipal Watershed. There is a rising public awareness of the impacts of large-scale, intense wildland fires in southwestern Oregon. "Reducing fire hazards are important for both our communities and the Forest," said Linda Duffy, Ashland District Ranger, Rogue River-Siskiyou National Forest. Forest Treatments Make a Difference The Windburn Ridge Fire is a great illustration of how agency treatments reduced fire hazards by removing vegetation on the ground, in turn slowing the progress and escalation of this wildland fire. Over time forest vegetation can build up to create dense fuels. Fuels are combustible materials such as grasses, leaves and needles or heavier vegetation such as branches, logs, trunks or even standing trees. Wildland fires will ignite grasses and then race to the denser vegetation intensifying as it grows and climbs from treetops to treetops. The Windburn Ridge Fire ignited in thE~ Ashland Municip.1I1 Watershed. Past treatments in the watershed prevented the lightning-caused fire from intensifying to a crown fire. Manual Treatments Are Successful In a post fire review, forest managers concluded that fuels treatments were important in keeping this fire small. "The thinning of brush and small trees kept this fire from intensifying and becoming a crown fire," said Bob Shoemaker, Zone Fuel Planner, Siskiyou Mountain Zone, Rogue River- Siskiyou National Forest. "The fuels treatments did exactly what they were designed to do. Without these treatments, the Windburn RidQle Fire more than likely would have escalated to a full blown campaign -- given the extreme weather conditions and multiple dry lightning strikes at the time," said Shoemaker. "Without the treatments we would have had several-hundred-acres igniting and not just a quarter-of-an-acre. There is no way we would have been able to catch the fire with the firefighting resources available," he said. The ignition point of the Windburn Ridge Fire was within the previously treated Ashland Watershed Protection Project where 788 acres of fuels reduction work was successfully accomplished between 2002 through 2005. "The area was treated manually to reduce fuels on the ground and lower tree limbs," said Derek Philips, Fuels Technician, Applegate Ranger District, Rogue River-Siskiyou National Forest. "This was done by removing small trees and brush as well as limbing the trees so that a fire would have a tougher time getting to the tree canopy," he said. Downed material was then piled and burned in the fall 2004. Removing small trees and brush and limbing trees protected the tree's canopy from fire. Protecting the Watershed & People Fuel treatments were put in and designed to prevent wildland fires from spreading through the Ashland Municipal Watershed. They were designed to protect the surrounding community of Ashland. The Windburn Ridge Fire moved quickly up the hill until it hit an area of fuel treatment done in the 1980s. This fuels treatment by the Forest Service helped to prevent the Windburn Ridge Fire from burning into tree canopies and jumping from tree to tree. "Thanks to the green grass in the fuel treatment area the fire had lost most of its momentum by the time crews reached the top of the hill," said Philips. This created a safety zone for firefighters to build hand lines around the fire. Creating a Forest that is Re~silient One of the agency's biggest concerns is now being addressed through the Ashland Forest Resiliency Project. "The Ashland Municipal Watershed has had decades of fire exclusion and is extremely vulnerable to large, high severity fires," said Linda Duffy, Ashland District Ranger. "The Ashland Forest Resiliency Project creates a landscape that is resilient to disturbances like large wildland fires," she said. The Project promotes a fully integrated approach to reducing fuels while restoring forest resiliency. When complE!ted it will provide a continuous domestic water supply for the City of Ashland and will protect and enhance older forest conditions which are important habitat for old growth related species such as the northern spotted owl. Fire behavior computer modeling is being conducted to analyze the effects of the proposal. These computer generated models look at the specific wildfire conditions in the landscape and project probable fire behavior such as those in the Windburn Ridge Fire. "The outcome of the Windburn Ridge Fire was predictable," said Duffy. "The fire behaved the way we had intended due to the reduction of fuels done by the agency in the Ashland Watershed," she said. The Ashland Forest Resiliency Final Environmental Impact Statement and Record of Decision are due out in the coming months. Windburn Ridge Fire Background---Initial attack firefighters responded quickly to this lightning caused fire. Support included a Forest Service type- 3 engine from Ashland, two contract engines, a water tender and a 20-person hand crew. Initial attack lasted into the morning of August 1 with mop-up operations continuing until August 3. Fire crews checked on the burned area on a regular basis ensuring it was controlled. Initial attack firefighting forces were able to contain it to less than a quarter of an acre. AWPP Status 06/2005 12 8 9 12 g '" g l'l 13 13 17 111 16 Hazard Fuel Reduction Areas STATUS 24 25 36 ~ # Ii; Wildfire Fuels Reduction Program Summary 2001-2005 This program began in 2001 with small grants from the National Fire Plan of 8 thousand and 30 thousand dollars. These were quickly spent and coordinated by Keith Woodley and the Oregon Department of Forestry. Two larger grants at roughly 250 thousand dollars each have been coordinated through the Oregon Department of Forestry and one additional grant is currently being coordinated by the City of Ashland. A coordinator staff position has been funded through 3 Jackson County Title III grants totaling 110 thousand dollars. We were denied our application for another Title III grant to fund the coordinator position for this year. We have asked to redistribute fuels reduction money to admin time to cover project coordination for this year, but this request has not been officially approved. The success of this program is due to a community effort. Many people worked hard to create this effort, make plans, work with property owners, do the work on the ground, and process the paperwork. The Ashland Parks Department has been especially helpful in implementing this work. Not least of all, the landowners of Ashland have put in many hours of work and tens of thousands of dollars to make this happen. THANK YOU! Acres of Fuels Managed 2001-2005 20010riginal 2005 Current Change 174 372 + 198 Al~res High 426/ 649 + 223 Al~es 34 102 +68 Ac:res 234 220 -14 Acres *Thank you to GIS analyst Lea Light for coming up with these numhers* Challenges: 1. Getting Participation from more owners for home fire safety inspections. 10% of owners (50 out of 500) responded to a mass mailing this summer to the highest hazard areas in the City. There are more than twice that many houses in the designated wildfire area of the City that have not been contacted. No funding currently exists for this work. 2. Maintenance of vegetation over time. Thinned out areas need to be re- visited every 5-10 years. Firefighters will depend on fuel breaks to protect neighborhoods in a fire, if they are not maintained and updated on maps they will be useless and dangerous.