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HomeMy WebLinkAbout2007-0807 Documents submitted at the Meeting Amending Planning Commission Authority Overview The Planning Commission is proposing the following changes to Section 2.12 of the Municipal Code, which we wish to discuss tonight with the CounciL Major Recommendation: New Statement of PC Powers and Duties Secondary Recommendations: 1. Remove City Attorney and Engineer as ex officio members. 2. Allow Mayor to designate someone to serve in his/her place as an ex officio member of the Commission. 3. Allow the Commission to decide when it elects officers. 4. Require a majority of the full Commission when recommending changes to the Comp Plan or Land Use Ordinance. 5. Retain the former powers and duties on a "may exercise" basis. CITY OF ASHLAND Memo DATE: August 7, 2007 TO: CC: FROM: RE: Mayor & Council Martha Bennett .Ifl Lee Tuneberg yvv FY 2007-08 Chamber of Commerce Contract As you know, staff is working on a revised contract between the City and the Chamber of Commerce with more specific detail on the services to be provided and the use of grant proceeds for this year consistent with joint discussions. Since we have already moved into August but have not been able to present a draft contract we are asking Council's permission to begin our monthly payments of the granted amounts as we have done over the years. This would enable the Chamber to meet their financial obligations as they do the general things that we are in agreement with while we work out other verbiage and terms. Staff would appreciate one of you raising this interim step at the meeting and authorizing by motion the monthly payments. This will provide an opportunity for Council to raise any questions they may have and provide direction and authorization to staff. Thank you. lee FINANCE DEPARTMENT D.L.Tuneberg,Di~or 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5300 Fax: 541-488-5311 TTY: 800-735-2900 ~~, RUTtl ]\1. MILLER '\ PfiILIP C. LANG. LC&,\\7 758 1) SLreeL · A~hiand, Ore8on 97520 :Residence · 482-8659 Office/fax ~ 48'2-3387 E-mail ophilip@mind.net · ruLh@iITUnd.nel August 7, 2007 To: Mayor City Council City Administrator City Attorney Re.: OSF Bricks I did not attend the prior council meeting after being advised that it was simply an "update" on plans for fixing the bricks. OSF administration came in and "finessed" your approval for putting off fixing the bricks for yet another season. Here is a headline from the 7/28/07 Mail Tribune that will gladden the heart of any PI attorney representing a plaintiff in a compensatory and punitive lawsuit for injuries sustained on the bricks: "The Show Must Go On...The Courtyard Can Wait" On March 20, 2007, I made a presentation on the need to fix the bricks as soon as possible, accompanied by 64 pages of documentation These included: 1) A report by an engineering firm indicating that the bricks: a) were dangerous b) failed to conform to 1990 ADA requirements 2) The~act that the bricks, installed with the building of the Bowmer in 1970:1971 violated AMC 13.04.030 passed in 1967 3) OSF has repeatedly acnowledged the problem in a series of "5 year plansll extending back over many years, and promising correction by the' Jyear 2000. 4) The "hold harmless" part of the QSF lease for our land is meaningless. a) Mr Nolte confirmed this when questioned at the 2/17/04 Council meeting b) The lease Section 8 titled Repair and Mainte~ includes "adjoining sidewalks, curbs, walls, and landscaping". They are to be kept "clean and in good condition," and OSF "shall make all repairs, replacements... necessary to maintain the property." City Council - Si7/07 - re.: OSF Bricks - p. 2 c) Section 15 of the lease requires conformity with AnA requirements. d) Section S and Section 15 also state that failure to make corrections after 6 months notice results in termination of the lease. 5) Large numbers of people have been injured and continue to be injured. 911 is called to pick them up repeatedly. On 7/3l/0~ I checked-the 911 calls for the bricks so far in 2007. Four such emergency calls were made. Note that many falls do not result in 911 calls for obvious reasons. We can expect at least 4 more 911 ,calls for the rest of the season and at least 8 more next year. In failing to require OSF to correct the bricks immediately following this season, Council is derelict in its duty: 1) It is allowing the continuation of enormous liabilities for the City - which means we the taxpayers. As I pointed out to you, above $50,000 the City is "self-insured". 2) It is morally derelict in knowingly allowing a condition to continue that is the cause of injury and pain to citizens and OSF patrons. 3) It is legally derelict in enforcing the law - both AMC' and the conditions of its lease agreement. Like Katrina~ and thel1innea~~lis bridge d~~~~ter, and countless other instances, this is a disaster ~aiting to haPRe~. If your response to this presentation is "thank you" - dismissive, then you are, once again, accepting the responsibility of failing to act legally and morally. I strongly urge you to reconsider your letting replacement of the bricks "slide" and require aSE to repair them immediately after t;pis season, in accordance with the law, their lease, and the public interest. ~=-..: RUTll H. HILLER PtlILIP C. LA.l'\ G. LC&,\\' 758 D ,)!,Lreet · ,'\shiand, Oreson 97520 Residence & 48'2-8659 Oi11ce/fcr\. & 48'2-5387 [-mail · philip@mind.net · ruth@mind.net ../Im~ @~. 0 m ~ r~r iUU MAR 2 1 2007 lVi i IBy March 21, 2007 To: Mayor/City Council/City Administrator Re: Correction of bricks Thanks for your vote(s) requiring/pushing for the correction of the dangerous condition of the OSF bricks. This has been a 9 year battle with OSF, which I trust will now come to a happy conclusion. Corrections City Administrator Bennett stated that "staff had informed the Council that the City was not liable". In fact, at the 2/17/04 Council meeting, then City Attorney Paul Nolte, under questioning from Council ~bers stated that indeed the City was "the deep pockets" and could likely be sued in case of injury. The City's lease with OSF has performance requirements. Th~y include that the premises must be kept clean, safe, etc. and also that ADA requirements be met. OSF has violated these requirements and you have been so informed. It is my understanding, from being the CEO of ~lar.g~~ agencies which were lessees of many properties, that if the lessor is aware of breaches of the lease which are in fact unlawful and dangerous, and does not invoke corrective measures, the lessor does in fact become liable for accidents and problems arising out of the unlawful acts/conditions of the lessee/property. Perhaps legal council can review the law and cases and render an opinion for us. I am assuming that you (staff) will stay on top of this (I know I will) and have the r.econstruction accomplished as soon as possible and to ADA and AMC requirements. In the interim let us all hope that no one injured this season (and there will contmnue to be injuries until the bricks are fixed) will 'nitiate litig ion over their injuries. Peace Village Festival c/o 1454 Ashland St., #112 Ashland, Oregon 97520 August 7, 2007 Ashland City Council for the City of Ashland Imagine, if you will, a village birthed from our shared visions, deepest longings, and ancestral memories of what could be, holding a resonance of peace that informs, inspires, and activates all who enter. This village is being conceived and built with peace, sustainability, and respect as its guiding principles. For one weekend at the end of August, Jackson Wellsprings-just north of Ashland-will be transformed into a Peace Village. We are creating a Peace Village at Jackson Wellsprings, from August 24th_26th. The whole community is invited to participate, and the focus will be on peace and sustainability. It would be our great honor and pleasure to have the city of Ashland represented at Peace Village Festival. Perhaps the Council would consider having a booth there. City councilors are also individually invited to participate in our town hall meeting style village circle to be held Saturday morning, August 25th at about noon. We will be discussing what a peace village is and how our communities could become peace villages. Thanks for your consideration. Many Thanks, Many Blessings, Infinite Peace, Larry Morningstar For the Peace Village Team PeaceVillageFestival@gmail.com http://www.PeaceVillageFestival.org Larry Morningstar 201-8787 . . . The People o Voice Of The Majority We Honor Independence. No.4 Wednesday July 4, 2007 ~~~~ Democracy 2, - ..,- ~~,,~Oligarchy 0 Majority Reject Council's Charter Model Charter: 770/oNO City Manager: 620/oNO Those whose actions concen- trate power in the hands of a few suffered a major setback in the May15 election. A wide majority of voters reject- ed council's 2 charter measures on the ballot. Both council pro- posals shifted power from the people to the government. Ballot Box Debacle It was worse than a defeat. It was a debacle. By an extraordinary margin of 77%-23%, Ashland voters reject- ed council's proposed 'model charter'. Ashland's majority voted more than 3 to 1 against. The majority echoed their dis- pleasure with a landslide 62% rejection of council's proposal for a 'city manager' with unilateral decision power to choose depart- ments heads. High Voter Turnout--62% Spring elections normally have a low turnout. Not this time. Of Ashland's 13,027 voters, 8,113 voted, a 62% turnout, high due in part to the county library levy. Opposition to council's charter was evenly distributed across the city. Ashland's 5 precincts ranged from 75-79% opposition. Opposition against a city man- ager with unilateral decision power ranged 58-69% across Ashland's 5 precincts. Tax Money Wasted City of Ashland wasted tens of thousands of tax dollars, and 3 years of work, in putting these 2 failed measures on the ballot. Neither measure remotely rep- resented the majority will of the people. AshlandConstitution.org had explained to council and City's charter committee and council that a survey showed a wide majority of Ashlanders opposed the model charter and city manager because the majori- ty viewed both as concentrating power in the hands of a few. Many people see City of Ashland as being run by insiders and wealthy developers, satisfy- ing special interests rather than public interests. Instead of run- ning local government by the majority will of the people, people saw proposed charter changes as making the insider problem worse. What's Wrong With Council? Something fundamental is wrong when tens of thousands of tax dollars produce a ballot measure opposed by a 77% majority. . What's wrong with council that they would put such measures on the ballot? the majority of councilors did NOT support these measures. Only half the councilors, Kate Jackson, Russ Silbiger, and David Chapman voted to put these measures on the ballot. The resulting 3-3 tie was broken by mayor John Morrison, who forced the ill-fated charter measures onto the ballot. The other 3 coun- cilors voted against putting these meas- ures on the ballot: Eric Navickas, Alice Hardesty, and Cate Hartzell. Election results show that these 3 speak for Ashland's majority, and that the approving foursome are disconnected from what the majority want. Citizens' Voter Education A Success AshlandConstitu- tion.org, a Citizens group working on the charter, pre- pared and distrib- uted 1-sheet flyers educating voters about charter issues. The flyers caught the attention of many uninformed about the charter measures. The most common reaction to the fly- ers was "I had no idea this was going on. ". The flyers awakened many to the harsh reality that the bid to concentrate power in the hands of the few was not limited to Washington, DC. People copied and distributed to friends and neighbors these Voter Education flyers, which multiplied like loaves and fishes. City employees said they received literally hundreds of calls about the flyers. Throwing Good Money After Bad City's response to these flyers became a classic case .of dys- functional government. City staff hired an attorney to rebut the content of the flyers, contracting with attorney Paul Nolte for $7,800 to respond to charter election issues. It's a violation of Oregon law to use taxpayer money to support or oppose a ballot measure, even if city council put it on the ballot. Nolte, a former Ashland city attorney, now works for League' Of Oregon Cities, which sells the model charter all across Oregon and thus had an alleged financial interest in the vote outcome of Ashland's charter measures. Nolte's response on City's web site was entitled "Frequently Asked Questions" (FAQ), though it contained no questions. It did, however, contain 'spin' and false inform.ation. Ashland shall have a new birth of freedom. Local government of the people, by the people, for the people, shall not perish from this corner of the earth. Human Beings 'Inhabit', Corporations 'Reside' For example, Nolte's FAQ false- ly claimed Ashland's current water protection language was copied "verbatim" into the pro- posed charter. A simple, 60-second compari- son of current and proposed charters showed that was untrue. Council had altered Ashland's water language to change the word "inhabitants" to "residents". City attorney Mike Franell, who resigned in Jan2007 during the charter process, had urged coun- cil to make this and other changes. Franell said that corpo- rations don't 'inhabit', only human beings 'inhabit'. Corporations 'reside'. By specifying 'inhabi- tants', Ashland's charter had limit- ed the use of Ashland's water for people, not corporations [some of whom want to bottle it for resale]. So Franell wanted the word "inhabitants" changed to "resi- dents". Mayor and 3 councilors agreed. Hiding Removal Of The Majority's Right To Vote The other half of the water pro- tection sentence, which Nolte claimed was copied "verbatim", was removed entirely. That por- tion required a majority vote of the people for water and all other utility services. By removing the majority vote requirement, the same 3 councilors and mayor were granting themselves the power to start new utility services without taxpayer approval. Nolte's FAQ generated contro- versy over its legal errors, like claiming state law protected Lithia Park from being sold to developers. Staff started chang- ing Nolte's FAQ without. docu- menting who changed what or why. Council put it on their agen- da, and as usual, ran out of time without resolving it. Thus, when faced with major charter election problems, City compounded its errors by throw- ing more tax money at the prob- lem, which only dug a deeper hole. Instead of resolving the issues, legally incorrect claims and partisan use of tax money further damaged City's credibility. This showed lack of integrity for something as fundamental as adopting a new charter, Ashland's constitution. Public Hearing For Sale -- Only $250 Since the election, many have asked me skeptically, i "What will they try next?" We didn't have to wait long to find out. At the first regular PC (Planning Commission) i meeting after the May15 ballot, Planning Director David Stahlheim proposed changes in Ashland's plan- ning process. Like council's charter measures, his pro- posals concentrate power. t i Same Song, Second Verse On May15, the Ashland majority rejected a city manager proposal to con- t centrate power in the hands of an unelected staffer. j Now City wants to i increase staff's power in planning decisions. Stahlheim proposed an additional layer of bureau- cracy in the planning process--an "evidentiary hearing" conducted by an unelected 'hearings officer'. The hearings officer wouldn't be a Planning i Commissioner, or even a local attorney accustomed to court rules of evidence. Instead, Stahlheim pro- posed that he be the 'hear~ ings officer'. Stahlheim's proposal would give him direct power over record evidence on developers' projects by giv- ing him control over the evi- dentiary hearing. He has already inserted himself in public forum testimony to PC, allegedly illegally, act- ing as self-appointed gate- keeper for what's spoken and presented in writing during public forum. Part 1. Add A Step-- For "Efficiency" PC already holds an evi- dentiary hearing, the normal public hearing. At public hearings, people can speak or submit written evidence about issues and impacts of the proposed development on their neighborhood-- pedestrian safety, parking, water runoff, traffic conges- tion, solar access, creek flow, etc.. Stahlheim's proposal adds another evidentiary hearing before the regular hearing. By adding this new step, Planning Department staff would gain additional power by controlling much of the evidence brou'ght to PC. It would also give staff time to prepare their spin on evi- dence when presenting the staff report to the PC. C()~trcJ!'in9 r~tfQ[d evitlence is . like contrtJ.lling the Iscoreboard ina Ibasl(~tb$1I game. This procedural power is key. Oregon law requires that all planning commis- sions make planning action decisions based strictly on evidence in the record. Controlling record evidence s like controlling the score- board in a basketball game. As with the charter com- mittee, who called their power shifts "housekeeping tems", Stahlheim discount- ed the power shifts for plan- ning, calling them "minor adjustments" . Using the same wording as model charter propo- nents, Stahlheim's explana~ ion for concentrating power n his hands was 'efficien- cy', though his proposal added another formal legal step in an already clogged process. "Efficiency" has become he standard word used to ustify concentrating power n the hands of a few, who argue they could make the decision faster. Part 2. Charge Citizens $250 For The Right To Have A Public Hearing As for the charter, this pro- posal to concentrate power n the hands of the few is accompanied by new barri- ers to public involvement. Stahlheim also proposed charging Citizens $250 to request a public hearing on Type 1 planning applications. Currently, if someone requests such a public hearing, it's held without charge, following First Amendment rights under the U.S. Constitution. Stahlheim's pro- posal affects your rights as a Citizen. To have a public hearing to speak freely, you'd have to pay $250. Under Stahlheim's pro- posed rule, the hearing would only be held if Citizens paid $250 for the right to have a hearing. Type 1 planning applica- tions include large projects. On Ju110, PC has a hearing on the Final Plan for the Helman Springs project, an 18-house subdivision in Quiet Village. This is one of the most complex proj- ects tackled in years, with many underground hot springs, a large wetland, a hot-spring fed swimming pool that overflows onto the street, 100+-year property history, and wildlife habitat for neighborhood deer. This proposal means affected neighbors would have to pay $250 to have a hearing on the issues. Stahlheim's proposal affects your rights as a Citizen. Under his proposal, you'd still have the right to speak freely on ~ proposed devel- opment that affects you and your family. Though to have a public hearing to speak freely, you'd have to pay $250. Letters To The Editor ...Of The People is a Great Newspaper! I'd just like to extend kudos to the group that put together. the "Of The People" newspaper and those who have been promoting education on the Ashland charter proposal. I'm a freelance reporter and editor for a small, national newspaper and I have to tell you that you all are doing a great job getting the word out and educating the people on what's going on. Oregon is not the only place that is under attack. Things are pretty crazy out there, . but banding together and making such snappy newspapers like you did is fantastic. Keep up the good work. A lot of people support you. Ashland is a great little town and I pray the Gods ensure it stays that way. Many blessings, Tara Gale Wed 2007May9 ------------------------------------------------ Congratulations From Catherine Austin Fitts Art: Congratulations on your success- ful effort to inform A&hland citizens about potential charter changes and what it meant to them. This is a great example of what real informa- tion can help citizens accomplish together. My hat is off to you! Catherine Austin Fitts Solari, Inc. [Editor's Note: Catherine Austin Fitts is a national leader in localiz- ing money decisions. She recently led 2 workshops in Ashland. Her background is on Wall Street (as Managing Director of Dillon Read & Co), in the federal govt (as Assistant Secretary of Housing for HUD), and as founder of Hamilton Securities Investment Bank. You can read about her work at: http://solari.com/about/ca_fitts.html A Puzzling Trend Afoot Art, I've been aware for a couple of years of your work to expose hid- den aspects of the proposed Ashland Charter. My strong impression is that your efforts-con- vening groups, publishing flyers and reports, raising issues at city coun- cil, etc., raised the level of commu- nity understanding to the point where people were able to vote on the measures with eyes wide open. Congratulations on having had the questioning mind, the energy, and persistence to expose this. There's a strange phenomenon afoot, to put control of human organizations, pri- orities, resources,' infrastructures; and industries--the stuff we all rely on for survival and quality of life--all into private and elite hands. How this trend could've translated into this proposal for a new Ashland Charter is puzzling and intriguing. Something hidden from my eyes has grown very powerful, I think, and accounts for the frustration I meet when I try to get behind things like a new public radio station, or a new complementary currency. Things that would help reverse the trend toward consolidation of power seem to meet with endless obsta- cles, while the march toward private ownership of the commons every- where, seems to get all the green Iights--UNLESS people (such as yourself in this instance) who have nothing to gain, dedicate a lot of their time and energy. Good job Art! Urban Kohler ------------------------------------------------ A Solari Thank You I want to THANK YOU Art Bullock for all your passion, work, endurance, vision, and service to this community concerning the May 15 ballot meas- ures and your ongoing work regard- ing Ashland's Constitution. Without you, we probably would have had a very different outcome. You get the First Solari Nobel! Jessica Mycelia Founder Of Ashland Solari Circle Grassroots Democracy And City Bureaucracy by Anne Bodin As I think back over the May 15 election, I'm struck by the compari- son of City's charter committee and AshlandConstitution .org. Charter committee members attacked the majority view with improper criticism and name-calling like "anti-government radical activists". These labels were shocking and untrue, and extremely offensive to me. I, and my late husband AI, partici- pated in both charter committee and Ashland Constitution.org work. As retired family therapists and 20- year participants in Ashland com- munity groups, we were sensitive to effects of group dynamics on deci- sion results. It was clear to us that the 2 charter groups were conduct- ed differently and would likely gen- erate different conclusions. The charter committee opposed differing points of view, even the majority view. Their meetings were bureaucratic and time-consuming, often unproductive. They avoided critical issues like ethics and pro- tecting the commons, and spent time redoing the City Band, which has sounded fine for 125 years. The charter committee and coun- cil didn't listen to us. Both went through the motions of public hear- ings and didn't take seriously per- spectives other than their own. The May 15 election showed that AshlandConstitution.org's work accurately reflected the majority will of the people. Art Bullock reported survey results of over 400 people to the charter committee, which showed a large majority of Ashland did NOT want a city manager. Survey results didn't support the committee's predetermined deci- sion, so council put a city manager amendment on the ballot anyway. It would've saved our City's stretched budget tens of thousands of dollars if they'd listened to the majority in the first place. Unlike City's process, Ashland Constitution.org meetings were conducted democratically, with ground rules from the beginning, iterated at each meeting, that kept conversations civil and focused on key charter issues. They used dia- logue, not debate, consensus, not conflict. Facilitators invited open discussion and ensured that all points of view were honored, thor- oughly examined, and integrated into draft amendments. The process operated smoothly, without negativity and wasted time. They got more done. Their results repre;.. sent what Ashland prefers. For AI and me, AshlandConstitution.org's process of productive consensus- building was exhilarating and empowering. It was a model exam- ple of how democracy should work. Unfortunately, council's process generated very different results. When I studied council's ballot measures , I was disappointed as Not The Time To Chill Out They came and offered us a "model charter", saying the old one was out-of-date and needed clarifi- cation. We found out that was basi- cally nonsense, when some of us took time to read the fine print. We learned that 'clarification and updat- ing' included giving to city council the power to sell off beautiful park- land and sell Ashland's water to corporations to resell as bottled water. These were powers previ- ously reserved in the hands of the people. Thank God we won this round. But now is not the time to chill out on this. It will come around again, probably in a more Clever and covert way. We must be ready once again to read the fine print and be wary of any things 'needing to be fixed' that were never broken in the first place. Even better would be to take a more proactive role in our city gov- ernment. If there's anything wrong with the charter, let's fix that specific problem with a ballot initiative. Better still would be to think about the city we want and make sure that's the direction we're going. We should talk to our council, write let- ters, pay attention to what's on their agenda and make sure it is our agenda. Remember, if we ignore our rights, they'll just go away. John Stern, DC, RMT, RYT "One Size Fits All" Didn't Fit Dear Art, Thank you for hanging in there through all those months and years of well-organized meetings. May's ballot results made me glad and proud to have been part of the process. The rejection by the citizens of Ashland of the seriously flawed pro- posed city charter was sweet. I can only hope other communities will take notice, and not fall for this slickly packaged, one-size-fits-all approach to city government. We owe you. Gen Windsor there were holes in the proposals. They didn't dot their i's and cross their t's. If we had passed those ballot measures, we would have faced serious consequences later. Council made the situation worse with poor communication. City's explanatory statement in the Voters' Pamphlet was inadequate and inac- curate. It didn't clearly explain what would happen if we voted YES, and what would happen if we voted NO. Charter committee members and hired attorneys said state law pre- vented selling Lithia Park to devel- opers, which was simply wrong. City of Ashland failed their basic responsibility to tell us exactly what we were voting on. Again, AshlandConstitution.org helped, explaining what was on the ballot, and cutting through the fog of false reassurances to educate us and empower an informed vote. I found Voters' Pamphlet argu- ments against City's ballot meas- ures to be helpful and accurate, and was grateful to the many peo- ple involved in researching and fil- ing these arguments so we knew what we were voting on. Now that the vote is done, let's keep our perspective, that Ashland's Charter is our constitu- tion. It defines our rights, limits government powers, and protects our future. Any changes to this fun- damental document should be done only with overwhelming support after full examination. Specifically, .Power Shifts Were Skunked Hello "Of The People", I just wanted to congratulate you for the fine job that you did to bring out the vote on the City Charter revision. It was quite a dramatic "skunking" you pulled off with very few people. My hat is off to you and Art! Here is an email that I sent to the Ashland Community Action listserve group during the campaign, which pretty much sums up my feelings on the whole matter. Thanks again to everyone who helped with this effort! Dr. Lora Chamberlain To Ashland, I understand there is no apparent urgent need for a new charter at this time. That the proposed charter has language that will transfer power from the citizens to the Council IS a real concern to me! This proposed shift of power IS anti-progressive, since the progres- sivedirection is towards less con- solidation of power, not more! I for one will vote NO on both Measure 15-77 and Measure 15-76! Sincerely, Dr. Lora ----------------------------------------------- What's your opinion of the May 15 charter votes? You can email your Letter To The Editor to OrrhePeople@yahoogroups.com Letters may be edited for clarity, conciseness, content, and civility. Published letters and articles address local issues without per- sonal attacks, name-calling, or attri- bution of motive. Unethical, com- munity-destroying personal attacks on individuals and community groups commonly published by other 'local' papers will not be prac- ticed here. This paper's ethical standards are published online. Articles without named authors were written by the editor. ...Of The People is a quarterly newspaper in Ashland, OR pub- lished online and/or in hardcopy. http://groups.yahoo.com/group /OfThePeople Art Bullock, Publisher & Editor (c) 2007. All rights reserved. constitution changes should be made only with extreme caution. I'm very disappointed in how half the councilors and mayor voted. These 4 people didn't represent the majority view and didn't use the inclusive, democratic process Ashland deserves. Questions should have been addressed thor- oughly so ballot measures could stand up to public scrutiny. Instead 3 councilors and mayor pushed a half-baked charter on the ballot, with a 77% rejection. Should council try a redo? Not from my perspective. I'm not opti- mistic that council as currently con- figured could resolve any Charter issue. This council avoids authen- tic dialogue. So it's unlikely this group would put charter changes on the ballot that we in the majority want: (1) high ethical standards in the charter, (2) community values like accountability and transparen- cy, (3) ironclad protection of the commons like Lithia Park and our water supply, and (4) an improved public process for self-government and Citizen decision-making. Apparently, if we want those need- ed charter changes, we'll need to do it through Citizen-based ballot initiatives. Anne Bodin is currently completing a book of parent-teenage communi- cation co-authored and researched with her late husband AI Bodin. ...Of The People Page 2 http://groups.yahoo.com/ group/OjThePeople Election Reflection by Steve Ryan My heart started pounding on the way to the election party at the old hardware store, when I heard on the phone the first vote release--I had over 9000 votes! WOW! By 9:30pm, I was only 700 behind my opponent and climb- ing. That was a long wait 'til 11 :50pm. I have to thank the folks who came and shared my first election night. Whatever happens, that can- not be taken away. As Grandma Aggie. says, the people who were there were the people who were supposed to be there. This time, over 10,000 were there. While I didn't get elected, I sure did get electable--and that changes everything for me. I had a strong opponent--an incumbent, always tougher. He won, and I won too. I got my message of how to improve bus service onto the front page. And now I have the experi- ence of running for office--and very nearly winning. Some things I'd have done differently, though I had my reasons at the time. The thing I can't escape though, is the feeling of reciprocity, that half the people out there supported me. Most don't know me personally, though they obviously support my work and years of dedication to RVTD bus service. You can expect me to pay back that support this summer when I apply for a committee position here in Ashland. I did a lot of committee work at Southern Oregon University and know how much volunteerism it takes to run a village. I'll also con- tinue to challenge my peers to par- ticipate, and to show them how. So much work remains. Bus transportation is vital service for workers, seniors, juniors, veterans, disabled, and those who can't drive. We need to protect bus service for them. We need to get students back and forth from SOU as we expand the Medford campus. Government meetings and evening work need to be available to non- drivers after 7pm. We don't need to coax SUV drivers out of their air conditioned pollution machines--$5 per gallon gasoline will do that for us. When "fill'er up" costs upwards of $100, we'll need a timely bus. We need diversified revenue streams rather than depend on a magic bullet--grants or a payroll tax from voters who refused a library levy. The government is only part of the RVTD solution. That's been my point all along. We need all Valley stakeholders to keep RVTD afloat, not just a board of directors and chamber of commerce. We need to expand RVTD as pop- ulation growth brings more cars, more congestion, more pollution. As gasoline prices skyrocket, we'll need MORE buses, not less. Almost every bus rider I interviewed told me nights and weekends were the No. 1 prior- ity--for employment, education, and. shopping--even if we have to trade off frequency. It's better to wait than to lose bus service altogether. Thanks to the Southern Oregon Central Labor Council for my only formal endorsement. Thanks to the Green Party and Jackson County League Of Conservation Voters for helping me frame my message even without endorsement. Thanks to 'Robert' for my only campaign contribution, $20 in Omar's on a .. Saturday night. I spent $100 (including bus fare!) and didn't ask a single elected offi- cial for political favors. Nor did I approach the two centrist parties. I met with the bus driver's union instead. Thanks to all my angels in the activist, nonprofit, and indy/local media community, too many to name here, and to my longsuffering profs and peer students. Finally thanks to each of the 10,976 people who voted for me. I will repay your kindness with com- mittee work, and putting out what- ever brush fires come up next. I'll continue to work on the RVTD issues you voted for. Thanks everyone for an amazing, humbling, eye-opening launch into public service. For years, I've been training for this at Southern Oregon University. Our small group of bus advocates has been swimming upstream for a long time, working for adequate bus service in a car- oriented county and culture. With 10,976 people swimming together, we'll go a lot farther. Sometimes I feel like I can push up the whole world if I just try hard enough. Sat 2007May26 [Editor's Note: Steve Ryan, an SOU graduate student, missed winning his first election, for Rogue Valley Transportation District Board Of Directors, by 646 votes, out of 22,802 cast county-wide.} 22nd Annual Hiroshima-Nagasaki Vigil August 6 and 9, 2007 On The Plaza, Downtown Ashland Sponsored by WILPF, Rogue Valley Peace Choir, and Peace House . For a list of scheduled activities, visit http://groups.yahoo.com/group/OIThePeople To volunteer, call Mary Lou 482-4266, Linda 488-1230 Community Focus: WILPF Quietly, patiently, WILPF one of Ashland's many community-building organizations. Founded in 1915, Women's International League For Peace and Freedom addresses social justice, corporate power, and peo- ple's rights world-wide. Ashland chapter founder and president Fran Petschek spent a week in Sweden at WILPF's International Congress studying water problems in vil- lages and cities around the globe (wilpf.org has many education tools). You're invited to join WILPF monthly on the first Friday afternoon at the Unitarian Universalist Center, 4th St at C. You'll find refreshments and lots of sharing and learning. Next meetings are Jul 6 and Aug3, 1-3pm. WILPF sponsors Ashland's annual Mothers' Day program, presenting the historical meaning of Mothers' Day, which wasn't chocolate and cards. Founded for world peace by women who had sent their sons to war, the national holiday's original name was Mothers For Peace Day. To have your community group featured in a future issue, email your story to OfThePeople@yahoogroups.com. Charter Group Members Form Unsuccessful PAC In support of the ill-fated charter PAC flyers, as did Planning Commis- measures, 2 charter committee mem- sioner Mike Morris. . bers formed a PAC, (Political Action Committee). Pam Marsh was PAC director and Don Montgomery treasur- er. Thousands of PAC handouts for "Rational Government" failed to per- suade voters to support City's charter. Councilor Kate Jackson, recently elected with developers' campaign con- tributions and who made the motion to propose granting herself and 3 other council members the power to sell Lithia Park to developers, distributed Spin Didn't Win Unfortunately for the PAC money, spin didn't win. Voters weren't opposed to "Rational Government". They were opposed to City's expansion of corporate power and removal of voter rights. A month after the election, the failed PAC was over $1,000 in the hole, hav- ing spent much more than the $255 of cash contributions they reported. Charter Revision--What Went Wrong by Philip C. Lang [Editor's Note: This talk was presented to coun- 2. There was no democratic process--no di~- cil on 2007 June5, and submitted for publication.} logue. One could present questions or ideas, As distast~ful as i! is for some, if not a~1 ~f you, but they were in the same format as these coun- !o once again conSider the Charte~ ReVISion and cil meetings--5 minutes, no response or discus- Its dreadful outcome, I want to review the cause sion with or from the committee members with with you briefly. For thos.e who don't know histo- the obligatory 'thank you' at the end. ' ry are doomed to repea! It-~an~ governments 3. There were 2 public meetings. Citizens cir- today seem to have no Institutional memory. "." _ One might say that it failed because people culated a~ong tOpiC tables to ~e~r wha~ ?har , were strongly opposed to some of the provi- !er comml~ee members were thinking., Citizens sions, such as parks preservation or city manag- Idea were J~tted d?wn, but there was little or no er proposals. But these substantive issues and feedback, diSCUSSion. There was no follow- all others are results of what was really wrong, through. For example, my issue of putting an which was THE PROCESS. Ethics Code in the charter was put under "etc." The decision process was flawed at every step and never heard from again. of the way. When opportunities were suggested 4. After the charter committee concluded an for correcting it, they were disregar~ed. outside consultant-attorney was hired to r~view 1. Then-Mayo~ Alan DeBoer appOinted people and edit their report--without overview or oppor- wi,th whom he felt comfortable. UnfC?rt~nately, tunity for feedback. thiS was a narrow group of people, limited by the . mayor's view of what the constituency of con- 5. FI~ally, when th~ charter proposal. came before cern should be. There were no older retired counCil, mayor Momson and former City attorney people on limited incomes, young students, sin- Paul Nolte proc~eded to ma~e changes ex cathe- gle parents with children, working class people, dra, to the surpnse of counCil and, everyone else. minorities, etc.. This resulted in a narrow range One of these regarding water so Incensed the pub- of ideas and viewpoints--and thus a constricted lic that the response stopped this activity. process from the first. http://groups.yahoo.com/group/OjThePeople Page 3 6. Finally, some of us came to you and asked that there be public meetings for discussion, explanation, and dialogue from the community. These requests were dismissed. The response to those of us who almost literally begged for such meetings was that we were litigious and troublesome anyway, and would take legal measures to block the public canvas. Had such meetings taken place, Citizens could have been informed of the intention and effect of some of the critical changes. If they were misinformed and frightened, they could have been reassured. If they were correct, changes could have been made, And so the charter and city manager proposals failed stupendously. We don't have a revised charter, and most parties, regardless of the spe- cific provisions, are discouraged and frustrated. Had a truly democratic process taken place, the outcome could have been different. It might have taken some more time, but now all the time and energy of many good people has been for naught. This could become a learning and healing process if we learned from this failure. I hope this happens in the foreseeable future. Philip C. Lang is a licensed clinical social work- er, with a therapy practice in Ashland. He is also a developer of affordable housing. ... Of The People Glenn St Project Goes To LUBA In a case that may set precedent on several counts, ci!y council decisions on a Rroposed office building on North Main St. have been appealed to LUBA (Land Use Board Of Ap~eals). One sticking point for Kistler Bros. Office Building' at Glenn St was the 20' setback from Main St. required by code to allow future widening of the street if needed, and to provide light Sind space for pedestrians and occupants. You Need A Variance. No, I Don't. Property co-owner Ray Kistler told PC (Planning Comrnissionrthat he didn't need a variance from the 20' setback, though his firm, Raymond J. Kistler Architecture, had applied for it. Planning applicants are expected to follow all laws governing their proposal, including setbacks, sidewalks parking, solar access, etc.. If an applicant finas it impossible to satisfy a code section due to an unusual property situation beyond their control, they may request an exception to the law, called a 'vari- ance'. PC, or council if appealed, must aRprove the variance as not self-imposed. Speakers at the 'Glenn St project' public hearing, including this editor, said no property characteristics here required an exception to the law. As project architect, Kistler produced a second design for the office building, which didn't use the variance. He used his Plan B design to show PC why he didn't need the variance. Planning Department staff argued that he should get the variance anyway, claiming special lot size and slope. Kistler disagreed, explaining that lot size and slope were not unusual and required no variance. This produced a strange dynamic, where City legal and planning staff argued to approve a variance for an applicant who showed he didn't need it. Pushed by staff to okay the variance, PC approved the application. Before its decision, chair John Fields explained that PC had ignored the 20' setback law for decades. Council Appeals Project Council learned of the issues and ini- tiated its own appeal of PC's decision. At the start of council's public hearing on its appeal, Planning Commissioner Mike Morris filed a bias claim against councilor Cate Hartzell, who beat Morris in Hartzell's last council election. Morris also asserted bias by councilor Eric Navickas. Council rejected both claims, p'lus 2 others by this editor. CounCil's Rublic hearing repeated and extended PC's dynamics, With staff rec- ommending approval of the variance, Kistler showing with an alternative building design that he didn't need it, . and parties a1 the hearing asserting that the 20' setback law nad to be hon- ored and that legal requirements for a . variance hadn't been' met. This editor told council his legal research to date found it was a first in Oregon history for a City to gave a vari- ance to an applicant who demonstrated he didn't need it. Council voted 3-3 in their now-familiar voting bloc tie, with mayor Morrison's tie-breaker joining the Jackson- Chapman-Silbiger bloc for approval. This same vote bloc had put the power to sell Lithia Park on the ballot. Council scheduled the obligatory deci- sion to approve its findings for Jun5. Council Changes Its Mind On Jun5, Coundl, suddenly con- cerned about how LUBA would handle their rejected bias claims, withdrew their appeal. Assistant city attorney Richard Appicello had also argued that council's appeal may not be legal ' because City didr1't write itself a check for the appeal fee. Council claimed that withdrawing their own appeal meant they no ronger had jurisdiction over the case--in essence, their com- Rleted public hearinQ, 'didn't count'. Council claimed City s final decision was thus PC's decision. Confused yet? There's More! After withdrawing its own appeal and claiming it no longer had jurisdiction, council then voted to pass their hearing findings anyway, just In case their with- drawal deCision was found to be illegal. Thus, on Jun8, staff mailed formal notice of council's final decision to the parties, which started the 21-day clock for a LUBA appeal. I Said Maybe, And That's Final. Council Changes Its Mind Again After making and mailing its finaT deci- sion, council changed its mind again, scheduling a 'motion to reconsider'. That's when Colin Swales, Philip Lang, and this editor, watching council consume the 21-day clock by digging themselves into a deeper hole, filed a Notice Of Intent To Appeal with LUBA. Then Appicello, without a public coun- cil decision, filed a notice to LUBA that council was withdrawing its decision. That meant council was legally with- drawn its decision, to withdraw Its find- ings, on a planning action where they claimed lack of jUrisdiction, because they withdrew tneir appeal, of a PC decision, that allegedly violated a sim- ple 20' setback law, which PC's chair claimed had been ignored for decades. Oh, what a tangled web they weave.... Council Is Off-Course by Suzi Aufderheide I resonate with that The poetry was gone. kind of community, Council's charter where the commons sounded, well, like a are used for people, bureaucratic boilerplate. not profit. The result was mish- Yet council and char- mash and confusion. ter committee consid- We Deserve Better ered these classic, spine-tin- Government gling Citizens here and else- phrases to where find themselves be 'outdat- voting on muddled gov- ed and ernment initiatives. obsolete', This must end. We must assess pub- We The Handful? Iic servant perform- City's appointed char- ance in transparent ter committee short- government, providing changed the poetic Information that's clear character of our city and complete, truthful charter in their initial and timely. decision to replace our Transparency is criti- current charter with a cal to our democracy standardized 'model as a community and charter' written by a as a country. Espe- Portland, attorney. cially with a charter, They tried to rework our city's constitution. the entire document To obtain transparent rather than fixing spe- government, it's neces- cific sections they sary for us Citizens to found objectionable. hold the government's The resulting patch- feet to the fire. work was so tlme-con- When an elected suming they never fin- public servant doesn't ished, and gave coun- make reliable commu- cil an incomplete draft. nication a priority, it becomes Ifcoun.eilo llmayor Citizens' llan't write o.ranll responsibility ()onvi"eing.lall~!'~~ ~~;(~~~Td- tbeVcshouJ l:;ePJaoerl.. ual--at the -beCause theJrlab~ next election, '-' ..... or sooner Council added its through recall. own version of 'what If councilors and we the handful want'. mayor don't write clear When I read council's and convincing ballot replacement charter, I legislation, they should found it poorly written. be replaced--because It was vague and gen- that's their job. eral, soulless. It S . A ~d h 'd increased council's UZI U/l efi el e, a power, while removing 30-year Ashland resi- people's basic voting dent, owns Story rights for Lithia Park Images, a small and tax-paid utilities, It busmess devoted to granted new corporate video production and nghts for water, sustainable living. Pro-Majority As "Anti-Government" Since 2005, charter committee members person- ally attacked those asserting the majority view. They also used many ad hominem attacks during their failed 2007 model charter campaign, The viewpoint of the majority, which opposed con- centration of power, was labeled "anti-government". You know we're deep into the dynamiCs of oligarchy, and far from democracy', when the pro- majority approach is attacked as 'anti-government". Council's direction is troubling to me. Trying to use a boilerplate 'model charter for Ashland shows how far off-course council is . As 77% NO showed, a cookie cutter charter is a rough sell here. In my opinion, that's mostly because we're an educated and curious lot. Otherwise, we'd be more susceptible to life 'inside the box'. Communities with less resources are even more vulnerable to those pushing a 'model charter'. The 'model charter' doesn't promote demo- cratic decision-making. It concentrates power in the hands of the few. The 'model charter' isn't free. It's for sale. Though produced with our tax dollars by an . inter-governmental .agency called "League OT Oregon Cities", it's not even posted on the internet. You have to pay $20 for a copy of the 'model charter' being proposed for cities across Oregon. This is not open, transparent government. Are Spine-Tingling Phrases Obsolete~ Our current charter is like poetry to me. When I read that those who built Ashland wrote into the charter that beloved Lithia Park was "hereby reserved and forever dedicated to the peo- ple of the city", it sends chills down my spine. On This July 4th, A New Burst Of Democracy For years, people have said they live inside tive on the ballot. Though opposed by coun- or outside Ashland's "corporate limits" without cilors" Citizens' charter amendment passed it sinking i~, to me at lea~t, what that l!Ieans. ' by a large majority at the same fall' election Ashland s government Il? a ~orporatlo~. . where both City measures failed. By charter, the corporation IS named City On this July 4th Ashland's government no of Ashland", ' '.. . Ashland's charter even specifies the rnayor longer represents the majonty Will ?f the as "Chief Executive Officer", the same label people. . Mayor and half the .councllor~ used by large business corporations. Like a aggressively pursu~ expansion of the.lr .own business 'CEO', Ashland's mayor has execu- PC?wer a~ taxpayers expen.se. Council IS . tive authority to manage the corporation, Widely viewed as dysfunctional and and dls- whose budget last year topped $100 million. connected from the majority. Sadly, City of Oregon law .recognizes t~at ~ity government, Ashland acts rnore like a special interest cor- as a corporation, ~a~ special Interests. sepa- poration than a government of the people. r~te from the public Interests. Increasingly Ashland's core issue is whether local gov- C?lty governmen~, here and el~ewhere, act~ ernment will be run by a few, or by the like C! large bUSiness corporation to push ItS majority will of the people. special Interests for more. money and power. L'ke many cities Ashland is ready for a When self-government IS reframed as a I '" ,. special interest corporation, the future of new b.urst of democracy. Lincoln s VISion of democracy is at risk. a re~lrth of f~eedom Will be wounded locally, Since last July 4th, Ashland has seen what as With Amencan democracy Itself. happens when a government corporation America's great experiment in independent pursues its special inte.re~ts for mo.ney and self-government, which we celebrate on July power rath.~r than public Inter~sts like 4th, was new only at the national level. The accountability an.d. fi~~al restraint. revolutionary idea of democratic self-govern- L?st fall, council Initiated 2 ballot measures ment was an extension of what Americans to Increase taxes and expand governl!lent. had lived locally for decades The nation's One measure would expand Fire Station #2, . the other purchase a fire truck for $900,000. founders extended the pattern a~d ~uccess City's CEO talked up the multi-million dollar of local self-govern~ent to ~me~lca Its~lf. tax measures, saying proudly that Ashland Our path fo~ard I~ b~comlng Increa~lngly liked to go "first class". Neitner ballot meas- clear. Ashland s ,majonty must assert ItS ure had any organized opposition. Yet both public interests against corporate special were reje~ted by a large Ashland majority. interests by writing and passing charter After lOSing 2 fall votes for more money, the amendments as ballot initiatives while corporation put 2 measures, on the spring reconfiguring council to manage' the budget ballot for mqre power. May s .b~lIot meas- and stop City's runaway debt. ures dramatically expanded, city s corporate With independence comes responsibility. power and removed people s nghts. Both '. were overwhelmingly rejected by the majority. To. paraphrase A~r?ham Lincoln, . While City pursued power expansion, It IS for us the liVing to ~e.here dedlcat- Citizens pursued democracy Without fan- ed to the great task remaining before us, . . . . . that these honored dead shall not have fare, chief petitioners AI Wlllstatter: R~by'n died in vain. Ashland and America shall La~son, and Fred Roberts filed a majonty have a new birth of freedom. Local rule ballot mea~ure for a,ny future real ~state government of the people, by the people, transfer tax, With others help, they qUietly for the people shall not perish from this collected 1601 signatures to put their initia- corner of the earth. ...Of The People Page 4 At Risk--Ashland's Water by Alan Snitow and Deborah Kaufman http://groups.yahoo.com/ group/OjThePeople