HomeMy WebLinkAbout1994-0301 Council Mtg PACKET Important: Any citizen attending Council meetings may speak on any item on
the agenda, unless it is the subject of a public hearing which has been
closed. If you wish to speak, please fill out the speaker Request form
located near the entrance to the Council Chambers. The Chair will recognize
you and inform you as to the amount of time allotted to you. The time
granted will be dependent to some extent on the nature of the item under
discussion, the number of people who wish to be heard, and the length of
the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
March 1, 1994
I. PLEDGE OF ALLEGIANCE: 7:30 P.M. , Civic Center Council Chambers
II . ROLL CALL '
III. APPROVAL OF MINUTES: Regular Meeting of February 15, 1994 .
IV. SPECIAL PRESENTATIONS AND AWARDS:
1. Proclamation: "Women's History Month" .
V. CONSENT AGENDA:
1. Minutes of boards, commissions and committees.
2 . Monthly departmental reports - January, 1994.
3 . Approval of street cut request - 851 Oak Knoll Drive.
4. Letter from Southern Pacific Railroad concerning sale of
Siskiyou railway line.
5. Schedule for filling vacancies on City boards, .commissions
and committees.
VI. PUBLIC FORUM: Business from the audience not included on the
agenda (limited to 3 minutes per speaker and 15 minutes total) .
VII. NEW AND MISCELLANEOUS BUSINESS:
1. Election of Parks & Recreation Commission member for portion
of term expiring December 31, 1994 .
2 . Request from Kiwanis Club for waiver of banner fee for
annual Easter breakfast at SOSC.
3 . Memo from Public Works Director relative to filter plant
bond issue.
VIII. ORDINANCES RESOLUTIONS AND CONTRACTS:
1. First reading by title only of "An Ordinance amending the
local improvements and special assessments chapter of the
Municipal Code to revise process when estimated assessment
a is increased, or when project exceeds estimated cost, by
i ! hr more than ten percent. "
2. Second reading by title only of "An Ordinance Amending , I
Ordinance No. 1415 as amended, adapting a position
classification plan for the City of Ashland. "
3 . Second reading by title only of "An Ordinance amending
Ashland Municipal Code sections 2 . 04 . 040.D and 2. 04. 110.a by
changing the beginning time of Council meetings. to 7 p.m. ;
the ending time to 10 p.m. ; adjusting the timei for public
hearings at such meetings and repealing Resolution no. 88-
13 .
4. Reading by title only of "A Resolution of the City of
9 Ashland setting land division plat check fees pursuant to
�. G+°�� the Ashland Municipal Code and repealing Resolution 92-08 . "
5. Reading by title only of a Resolution to the City of Sarlat,
f /2 France.
IX. OTHER BUSINESS FROM COUNCIL MEMBERS
XI. ADJOURNMENT
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL =
February 15,, 1994
CALLED TO ORDER
Meeting was called to order by Mayor Golden at 7: 30 p.m. in the
Council Chambers.
ROLL CALL
Councillors Laws, Reid, Hauck, Acklin, and Winthrop were present.
Councillor Arnold was absent.
APPROVAL OF MINUTES
Minutes of the Regular meeting of February 1, 1994 were accepted
as. presented.
SPECIAL PRESENTATIONS AND AWARDS
Mayor Golden presented a Certificate of Appreciation to Dick
Wanderscheid for 15 years' employment with the City in the
Community Development Department.
Police Department staff awards were presented by Police Chief
Gary Brown and Mayor Golden to Barb Hansson, Employee of the
Year; Bill Currier, Reserve Officer of the Year; Tarry Myers,
Dispatcher of the Year and Bob Smith, officer of the Year.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees'*
2 . Monthly Departmental Report - January, 1994 .
3 . City Administratorl.s Monthly Report - January, 1994.
4 . Snow/Water Report by Director of Public Works.
Director of Public Works Steve Hall reviewed additional
memorandum submitted to accompany item #4. Acklin/Winthrop m/s
approve items 1, 2, 4 and pull item 13 to discuss under New and
Miscellaneous Business. Voice vote all AYES.
PUBLIC FORUM: Business from the audience not included on the
agenda .(limited to 3 minutes per speaker and 15 minutes total) .
Ken Hagen, 548 Rock Street, spoke regarding a letter he had
written to• COUncil •asking for a moratorium on further hillside
development. He asked that hillside development be addressed as a
whole subject rather than reviewed on a case-by-case basis.
Councillor Winthrop stated he could not see criteria that would
allow a moratorium to be declared. Councillor Acklin asked that
Planning Commission consider specifics of hillside development
criteria when they are considering any further hillside
development projects. Mayor expressed support of neighborhood
consensus groups developing neighborhood plans and felt
individual neighborhoods would be better able to specifically
deal with any hillside development issues that could impact their
(r.MinWsk2-15-94.mm-page 1)
neighborhoods rather than stopping the process to deal i¢ith this
as a specific issue. Councillor Hauck stated neighborhoodtinput
would specifically identify problems in current zoning issues
that may need to be changed.
UNFINISHED BUSINESS
1. Adoption of Findings, Conclusion and Order on Planning
Action 93-128, upholding an action of the Planning
Commission and denying an appeal regarding the issuance of a
building permit at 635 Thornton Way, based on solar access
and lot width/depth.
City Attorney Paul Nolte substituted page 7 of the findings and a
typographical error was noted by Councillor Winthrop. These
changes would be made to the Findings, Conclusion and Order on
Planning Action 93-128.
Acklin/Hauck m/s approve adoption of amended Findings, Conclusion
and Order on Planning Action 93-128. Roll call vote: Laws, Hauck,
Acklin, Winthrop YES; Reid, NO; Arnold absent.
NEW AND MISCELLANEOUS BUSINESS
1. Presentation by Gary Schaff, RVCOG, regarding proposed
Federal grant- request from Transportation Growth Management
Plan.
Paula Brown, RVCOG, presented proposed Federal grant request from
Transportation Growth Management Plan in Gary Schaff's place.
Reid/Acklin m/s authorize Rob Winthrop to sign RVCOG resolution
of consensus being prepared by RVCOG for inclusion in their grant
request.
2 . Presentation by Eric Dittmer and Pete Naumes regarding
report findings on future agricultural water use and the
effects of urbanization.
Ron Meyer, pear grower in Medford, and Eric Dittmer presented
findings on the 2050 Committee's Agricultural Water Use Executive
Summary.
3. Request by Mrs. Mary Sanchez to connect property outside the
city limits at 277 Mistletoe Road to city sewer system and
to defer connection and SDC charges.
Acklin/Reid m/s to approve request. Voice vote all AYES.
4. Memo from Director of Public Works concerning financing of
improvements to Water Filtration Plant pursuant to Federal
Safe Drinking Water Act and recommendations from CH2M-Hill.
(r.Minul \2-15-941.min-page 2)
6
• I
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Council requested public be noticed by Public Works Director
prior presentation by City bond counsel and financial consultants
at March 1 meeting.
Consent Agenda Item #3
County Administrator Brian Almquist read Council goals and staff
notes from Council that were included in his monthly report to
Council.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1— First reading by title only of "An Ordinance amending the
Ashland Municipal Code Section 2. 04.040D and 2.04.220A by
changing the beginning time of Council meetings to 7:00
p.m. ; the ending time to 10:00 p.m. ; adjusting the times for
public hearings at such meetings and repealing resolution
no. 88-13".
Laws/Winthrop m/s to second reading. Roll call: Laws, Reid,
Hauck, Acklin, Winthrop YES. Arnold absent.
2. First reading by title only of "An Ordinance Amending
Ordinance No. 1415 as amended, adapting a position
classification plan for the City of Ashland. "
Winthrop/Hauck m/s to second reading. Roll call: Laws, Reid,
Hauck, Acklin, Winthrop YES. Arnold absent.
3 . Second reading by title only of "An Ordinance amending
Section 9. 16.060 of the Ashland Municipal Code to exclude
dogs in the Plaza Islands" . Ordinance 2728.
Winthrop/Hauck m/s approval of ordinance. Roll call: Laws, Reid,
Hauck, Acklin, Winthrop YES. Arnold absent.
4. Reading by title only of "A Resolution establishing water
and sewer connection fees pursuant to Title 14 of the
Ashland Municipal Code and repealing Resolution 88-15" .
Resolution 94-09.
Winthrop/Hauck m/s adoption of resolution. Roll call: Laws, Reid,
Hauck, Acklin, Winthrop YES. Arnold absent.
5. Reading by title only of "A Resolution requiring all
meetings to end at 10:00 p.m. , unless otherwise extended" .
Resolution 94-10.
Winthrop/Reid m/s adoption of resolution. Roll call: Laws, Reid,
Hauck, Acklin, Winthrop YES. Arnold absent.
(r.Mi-w s\2-15-94.n in-psge 3)
6. Reading by title only of "A Resolution of the City. ;of
Ashland, Oregon approving an amendment to the
intergovernmental agreement creating the Oregon Municipal
Electric Conservation Agency approving the membership of the
Canby Utility Board, and repealing Resolution No. 94-08".
Resolution 94-11.
Hauck/Reid m/s adoption of resolution. Roll call: .Laws, Reid,
Hauck, Acklin, Winthrop YES. Arnold absent.
OTHER BUSINESS FROM COUNCIL MEMBERS
Councillor Winthrop reviewed update of watershed council issue.
Hauck/Reid m/s to place on agenda. Voice vote: all AYES. Winthrop
presented draft consensus plan for approval by jurisdictions.
Council agreed with draft plan.
ADJOURNMENT
Meeting was adjourned at 9: 15 p.m.
Nan E. Franklin, Recorder Catherine M. Golden, Mayor
(rmiaut U-I5-94.mm-page 4)
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PROCLAMATION
WHEREAS, Ashland women of eve race, class and ethnic background helped
every 9 P
found the city in countless recorded and unrecorded ways as
servants farmers, nurses, nuns, homemakers, industrial workers,
teachers, reformers, soldiers and pioneers; and ".
WHEREAS, Ashland women have played and continue to play critical economic, r t
cultural and social roles in every sphere of our city's life by
constituting a significant portion of the labor force working in and
> outside the home; and <
l
<y ' WHEREAS, Ashland women have played a unique role throughout our history b i
•uii providing the majority of he city's volunteer labor force and have Y !
been particularly important in the establishment of early charitable y"
ss"as philanthropic, and cultural institutions in the city; and
WHEREAS, Ashland women of every race, class and ethnic background served i}'I
as early leaders in the forefront of every major progressive social
change movement, the emancipation movement and the modern
lo•>
` £ civil rights movement; and
" I
WHEREAS, despite these contributions, the role of Ashland women in history ('' (flif` I
j1lI1j has been consistently overlooked and undervalued in our history. < ;
![:1..11 al iliyllll�?;�%I
NOW, THEREFORE, I, Catherine M. Golden, Mayor of the City of Ashland do
iN�1^
hereby call upon all citizens to observe:
119r9i�
"WOMEN'S HISTORY MONTH" '? ((({i3
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`-��� � • throughout March 1994 with appropriate ceremonies and activities.
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Dated this 1st day of March, 1994. Ktl`
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(Jel`t
Catherine M. Golden
Mayor
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ice_ ,lt\ea, Nan E. Franklin
City Recorder ? iflj
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ASHLAND HISTORIC COMMISSION
Minutes
February 2, 1994
CALL TO ORDER
The meeting was called to order by Chairperson Jim Lewis at 7:35 p.m. Members present
were Jim Lewis, Terry Skibby, H.L. Wood, Le Hook, Casey Mitchell, Dana Johnson, Chloe
Winston and Keith Chambers. Also present were Senior Planner Bill Molnar and Secretary
Sonja Akerman. Steve Ennis was absent.
APPROVAL OF MINUTES
Wood moved and Hook seconded to approve the Minutes of the January 5, 1994 meeting
as submitted. The motion passed unanimously.
STAFF REPORTS
PA 94-020
Conditional Use Permit and Variance
78 and 84 Fourth Street
Rogue Environmental Incorporated
Molnar reported three letters have been received in support of this application, which is to
convert the building presently being used as the Waldorf School into an office building for
Headwaters. Approval was granted for the school in 1990, and a two space parking
Variance was also approved at that time. Waldorf School has the option to lease the
building until August of 1995. The house will then revert back to residential use. The
Historic Commission has had concerns of over-commercialization in residential zones, so
this conversion should be a positive one. Headwaters has a seven member staff, and the
office is open from 9:00 - 5:00. REI is also requesting a Variance for one parking space.
Nine spaces are required. With the two on-street parking credits and the installation of a
new curb where the current curb opening exists, Staff feels the request is reasonable. Given
the site and structure, it is not feasible to convert the corner building into a residence,
therefore, there is a need to insure the use is compatible with the residential zone. Staff
feels this is a good use of the property. There will not be much traffic generated. The main
concern is that this approval only be for Headwaters. If someone else wants to use the .
space, it will trigger another Conditional Use Permit.
Molnar said one of the conditions of approval will be that a new curb be installed, the
existing concrete apron be removed, and replaced by a planting strip which will be
landscaped and street trees installed. Also, four of the six parking spaces will remain paved
and the remaining two will need to be graveled. No new paving will be required.
Skibby said the house is historically significant, as it appears in photos taken in the late
1800s, so it would be proper to return it to its residential use.
Wood questioned if irrigation for the trees will be required, and suggested it should be
made a part of the condition. Molnar said the ordinance already has requirements that the
landscaping shall be maintained.
John Stahmer, from Headwaters, said REI had the opportunity to buy the property, but was
forced to buy both parcels. The understructure of the house needs major work, but is still
rentable. It may be sold at a later date, but something would have to be worked out with
the parking for the office which is located on that lot.
Chambers expressed his concern about the parking on both parcels, especially the one with
the house. The parking area encompasses the back yard. Winston stated it would be
difficult to sell the house with the back yard being used as a parking lot. Molnar said one
of the parking spaces will be shared between Headwaters and the house, and this will most
likely be reflected on the deed.
Joe Knotts, of REI, stated the traffic will change considerably. Headwaters will not produce
much traffic.
Stahmer said the long term goal is for Headwaters to purchase the.property outright from
REI rather than lease it, then split off the house and sell it.
Chambers stated that although this property is now bound by current codes, in the past, the
building functioned as commercial property without parking. Although the Commission is
concerned about the parking area being located in the back yard of the house, Chambers
moved to recommend approval of this application. Winston seconded the motion and it was
unanimously passed.
PLANS FOR 362 LIT WAY
Contractor Don Greene presented plans for a second story addition on 362 Lit Way. He
has been working with the Review Board, but wanted input from the full Commission.
Design aspects and colors were discussed.
KAY ATWOOD - UPDATE ON CEMETERIES
Kay Atwood updated the Commission on the progress she is making with regard to the
National Register Nomination of the Ashland cemeteries. She also discussed work which
has been initiated on the gravestones. The Commission agreed to write a letter to the
Finance Director requesting she work with the members in devising a plan using accepted
restoration methods. This is vital, especially since the City is close to submitting the
nomination to the State Historic Preservation Office for Register status.
Ashland Historic Commission
Minutes
February 2, 1994 Page 2
BUILDING PERMITS
Permits reviewed by members of the Historic Commission and issued during the month of
January follow:
260 Vista Street Sid DeBoer Demolition-SFR
215 Gresham Street Katy and Don Cowan Addition/Remodel
561 "C" Street Sandy Simonett Demolition-Shed
117 Morton Street Georgia Daniels Addition
360 Scenic Drive Stanley and Jean Jones Remodel/Addition
40 Granite Street Barry Peckham Remodel
125 North Main Street Elaine Martens Seismic Retrofit
176 East Main Street Christian Science Interior Remodel
110 Pine Street Gary Turner Remodel
758 "B" Street Ruth Miller/Philip Lang Garage/Deck
482 Iowa Street Roanne Lyall/D. Walker Demolition-BackAdd'n
114 Third Street Paul Steinbroner Re-roof
599 East Main Street Foursquare Church Demo-Fellowsbip Hall
253 East Main Street Travel Essentials Signs (3)
60 North Main Street Plaza Printing Center Sign
325 "A" Street Blue Heron Gallery & Gifts Signs (2)
485 East Main Street Professional Center Sign
REVIEW BOARD
Following is the schedule (until the next meeting) for the Review Board, which meets every
Thursday at least from 3:00 to 3:30 p.m. in the Planning Department:
February 3 Hook, Johnson, Lewis and Skibby
February 10 Winston, Lewis, Mitchell, Wood and Skibby
February 17 Winston, Wood and Skibby
February 24 Chambers, Mitchell and Skibby
OLD BUSINESS
Ad Hoc Committee for City Space Needs
Lewis reported the committee has been meeting every Wednesday morning for the past
month. All members agree more space is needed, however, currently there is a
political/philosophical debate about which offices should remain downtown. Ideas on
location and additions to existing buildings were discussed. The public is invited to attend
these meetings.
Ashland Historic Commission
Minutes
February 2, 1994 Page 3
Graffiti in Ashland
Wood presented copies of the Grants Pass ordinance regarding graffiti. He and Skibby have
talked with City Attorney Paul Nolte. Wood said he also talked with Police Chief Gary
Brown, Policeman Mel Clements and Enforcement Officer Wendy Svaren. They would
support an ordinance similar to the Grants Pass one. Wood will wait for feedback from the
Commission members before sending anything to the City Council.
Railroad Park
Lewis said the Parks and Recreation Commission has approved the general plan of the new
park. The Golden Spike Memorial and the Applegate Trail Plaque are still open to
discussion. He would like to make the area as interpretive as possible. Since the park has
a transportation theme, the plaque will be appropriate.
NEW BUSINESS
National Historic Preservation Week
Skibby, Winston, Mitchell and Lewis will work on events for National Historic Preservation
Week - May 8th through 14th.
Seismic Retrofittine
Skibby suggested that in light of the recent earthquakes near Klamath Falls, the Historic
Commission help the Building Department by creating a brochure containing guidelines for
seismic retrofitting of older buildings. The Commission agreed and Skibby will work on this
with Staff.
ADJOURNMENT
It was the unanimous decision of the Historic Commission to adjourn the meeting at 9:55
p.m.
Ashland Historic Commission
Minutes
February 2, 1994 Page 4
CITY OF ASHLAND CITSY AND,DRHDASLL
telephone (Code 503) 4823211
TO: Honorable Mayor and City Council
FROM: Al Williams, Director of Electric Utilities
SUBJECT: Electric Department Activities for JANUARY 1994
THE FOLLOWING IS A CONDENSED REPORT OF THE ELECTRICAL DEPARTMENT
ACTIVITIES FOR JANUARY 1994 .
INSTALLED 7 NEW UNDERGROUND SERVICES AND 1 ALTERED SERVICE.
INSTALLED 380 FEET CF CONDUIT AND 1050 FEET OF CONDUCTOR.
2 NEW TRANSFORMERS WERE INSTALLED FOR A TOTAL OF 125 KVA AND 1 WAS
REMOVED FOR A NET GAIN OF 75 KVA ON THE SYSTEM.
RESPONDED TO 97 REQUESTS FOR CABLE LOCATES.
HAD 265 CONNECT ORDERS AND 139 DISCONNECTS FOR A TOTAL OF 404 .
THERE WERE 396 DELINQUENT ACCOUNT NOTICES WORKED AND 52 DELINQUENT
ACCOUNTS WERE DISCONNECTED.
THREE 45 ' POLES , THREE 35' POLES AND TWO 30 ' POLES WERE CHANGED OUT
IN CONJUNCTION WITH OUR POLE REPLACEMENT PROGRAM. TWO 35' POLES
WERE INSTALLED UNDER NEW CONSTRUCTION.
NO NEW STREET LIGHTS WERE ADDED TO THE SYSTEM, 11 STREET LIGHTS
WERE REPAIRED.
EMPLOYEES ATTENDED MONTHLY SAFETY MEETING.
MONTHLY EMF READINGS WERE TAKEN.
` oFAsp o Memorandum
?4Eao`' February 17, 1994 -
0- Brian Almquist, City Administrator
ram: Steven Hall, Public Works Director
,�$1IQjgd-' Street Cut Request-851 Oak Knoll Drive
ACTION REQUESTED
City Council authorize cutting of Oak Knoll Drive to replace a sanitary sewer service at 851 Oak Knoll Drive.
BACKGROUND
Mr. Robert S. Creamer is the owner of the property at 851 Oak Kroll Drive. His letter notes the problem he has
had with the sewer service to the property.
Oak Knoll Drive between Twin Pines Circle was resurfaced September 11, 1990 and is under stmt excavation
moratorium until September 11, 1995.
Ordinance 1794 requires City. Council approval.
"SECTION 3. The City Council may permit excavation within the five(5)year period, if within their
judgernenr the reason for the excavation was rat rmsonably foreseeable to the utility or department t of the City
involved at the time the street was newly paved or resurfaced."
Because of the potential health hazard, staff recommends approval of the request.
The applicant will be required to obtain a permit and met all City standards at the time the sewer line is rep laced.
cc: Jim Olson, Assistant City Engineer
Dennis Barnts, Water Quality Superintendent
Jerry Glossop, Street Superintendent
Robert S. Creamer, Applicant
Enclosure: Creamer Letter (2/14/94)
�+ o f AS111
City Council RECEIVED
City Hall
Asnland Or 9'/!320 -DATE FEB 1 F
Members ,
At 851 Oak Knoll Avenue in Asnland it was trecessary re-
cently to . repair the sewer pipe wni.cn nad been Racking up
into the Ratnrooms or the nouse. Tne workmen wno made the
repairs felt that the problem was almost cerzaiii to occur
again, and at the point wnere the pipes connect to the
city sewer system.
Since it seems inevitaole that tnis will nappen, I woula
like to request permission in advance to cut into the
street. Witn cniidren living in the house, I reel that
repairs should be made as quickly as possible when neces-
sary, as it will certainly present a nealth problem. I do
understand that city repairmen make the repairs and the
property owner pays the bill. Tnis presents no problem.
Respectfully,
QJ
Robert S. Creamer
Property Owner
February 14, 1994
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Southern Pacific Lines _
Five Centerpointe Drive•Suite 550•Lake Oswego,Oregon 97035•(503)624-2400
February 9, 1994
Dear Southern Pacific Customer:
On February 2, we met with many of you in Medford to discuss issues relating to SP
service on the Siskiyou and Coos Bay Lines.
During the meeting, questions arose concerning SP's disposition of the lines. At that
time, we were aware of no new developments and stated that we would communicate changes
in the situation as they occur.
We have had a new development on this subject and wanted to communicate that we
now are considering the sale of all or portions of the Coos Bay, Siskiyou and White City
Branches (South Oregon Lines). Companies currently expressing interest in all or portions of
these lines include:
■ Montana Rail Link
■ Ironhorse Ventures
■ Kyle Railways
■ Noel Group
■ Railtex
These companies may be contacting shippers on the lines as they progress their
feasibility studies.
We are committed to effective future communications on this subject. Please feel free
to call either of us if you have any questions.
Sincerely,
Gregg4arrell Don Veidt
Managing Director Managing Director
PNW Sales Forest Products,
(503) 624-2420 (503) 624-2439
TIMELINE FOR UPCOMING VACANCIES ON
CITY BOARDS, COMMISSIONS, AND COMMITTEES
1994
January 30 - Letters to current members for possible reappointment
February 15 - Deadline for letters requesting reappointment
February 17 - Public notice published
March 15 - Deadline for applications
March 18 - Copies of applications to Mayor/Council
March 23 - Council recommendations to Mayor
April 1 - Mayor's preliminary recommendations to Council
April 6 - Council's final comments to Mayor on recommendations
April 13 - Mayor's final recommendations for inclusion in Council
packets.
April 19 - . Appointments made at Council meeting
April 27 - Confirmation letters to appointees. Thank you letters to
those not appointed.
May 9 - Updated lists to departments with appointee's names,
addresses/phone numbers.
(r.Camm\Timelive.Aae)
ASHLAND PARKS AND RECREATION COMMISSION
340 SOUTH PIONEER STREET ASHLAND, OREGON 97520
PARK COMMISSIONERS: :4�GF 4�° KENNETH J.MICKELSEN
PATRICIA ADAMS V C - Director
ALLEN A.ALSING ,
TERICOPPEDGE
LAURIE MacGRAW O TEL.:(503)486-5340
WES L. REYNOLDS '•• REGO FAX:(503)488-5314
February 16, 1994
Mayor Golden and City Councilors
City of Ashland
Ashland, Oregon 97520
Honorable Mayor and Councilors:
After interviewing all the candidates who applied for the upcoming vacancy
effective February 20, 1994 for Position #3 on the Ashland Parks and Recreation
Commission, the Commission recommends that the City Council appoint Robert
Malone to the position.
Sinc e1
Allen Alsing, Chair
ASHLAND PARKS AND-RECREATION COMMISSION
1:MISMEYNOLDS.94
Home of Famous Lithia Park
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RESUME
Robert J. Malone
47 Granite St .
Ashland, Or . 97520
(503) '482-6191
Education
Irvin High School (1967 )
El Paso, Texas
The University of Texas at E1 Paso
(B.A. 1971 with highest honors)
Harvard Law School (J .D. 1974)
Professional
Baker & Botts
Houston, Texas
Associate 1974-1979
Fisher, .Gaiiagher, Perrin & Lewis
Houston, Texas
Associate 1979-1980
Gartner 1980-1985 .
Steinburg, Malone & Bryant
Houston, Texas
Partner 1985-1987
,-rain, Caton & James
Houston, Texas
Partner 1987-1993
Executive Committee 1989-1991
Architectual Committee 1990-1993
Sabbatical
Ashland, Oregon
July 1993 until admittance to the Oregon Bar
Personal
Born October 29 , 1949
Married to- Joan H . Malone
. i
:hiIdren! Michael age 4, Carlie age 2
+OF AS/fi`
Memorandum
"04EG0�
February 23, 1994
�n- Honorable Mayor and City Council
rOm: Brian L. Almquist, City Administrator
�$1xbjPCt_ Kiwanis Request
This is the first year that the Kiwanis have used a banner for.advertising their fundraiser.
In the past, the City Council has generally waived the banner fee only for events which are jointly sponsored by
the City of Ashland. They include:
Ashland Community Hospital Week (City Hospital)
Recycling Awareness Week (Recycling Task Force)
Martin Luther King, Jr. Day (Inter-agency group)
Bike to Work Day (Bicycle Commission)
Crosswalk Awareness Week (Traffic Safety Commission)
Bike Swap Week (Bicycle Commission)
Red Ribbon Week (Ashland Substance Abuse Prevention Program)
Earth Day (Recycling Task Force)
(Two other groups which the Council exempted years ago --
Alzheimer's Week and Women's History Week).
We have 10 other organizations who regularly pay for the hanging of banners with City crews and equipment.
They are:
Ashland Teen Center
Chamber of Commerce Winter Wine & Food Festival
Chamber Music Society
Dunn House
Friends of the Animal Shelter
National Prayer Week
Southern Oregon'Goodwill
Unity in Diversity Week
Week of the Young Child (Jackson County Association of Education of Young Child)
(r.Kiw Fmmem)
KIWANIS CLUB W b"
P.O. BOX 449
Of Ashland Ashland,Ore. 97520
February 17, 1994
The Honorable Cathy Golden
Mayor of the City of Ashland
City Hall
Ashland, OR 97520
Dear Madam Mayor:
The Kiwanis Club of Ashland is having the 33rd Annual Easter Breakfast at SOSC Student
Union. In order to advertise the event, we are placing a banner accross East Main Street during
the week of March 28th-April 4th. We respectively request that the fee for installing the banner
be waived.
The Kiwanis Club of Ashland is a non-profit organization based in Ashland. The funds raised
from the breakfast will be used to support other community groups such as D.A.R.E.,
Youthworks, Special Olympics, Boy Scouts, Girl Scouts, Children's Advocacy Center, Mt.
Ashland Babe Ruth, YMCA, Children's Miracle Network, and many more.
Thank you for your consideration and we look forward to seeing you at the breakfast. This
year we will be offering, in,addition to our exceptional fare of pancakes, eggs and ham, a new
vegetarian choice.
Sincerely,
dy Kuykendall
Easter Breakfast Chair
of H o MemaranAum
�QF6O�' February 23, 1994
X110: Brian Almquist, City Administrator
ruV_m: Steven Hall, Public Works Director
UbileCt: Filter Plant Bond Issue
ACTION REQUESTED
None, information only.
BACKGROUND
At the last Council meeting I indicated that staff would have our Bond Counsel and Bond Attorney prepare
background information and two resolutions for your consideration at tonights meeting.
We were not able to get the information put together in time for this meeting. It will be presented on March
15th.
I have attached a public notice that will be placed in the local newspaper and an information sheet that will be
available at City Hall.
cc: Jim Olson, Assistant City Engineer
Dennis Barnts, Water Quality Superintendent
Daryl McVey, Water Filter Plant Supervisor
Enc: Advertisement
Information Sheet
CITY OF ASHLAND
NOTICE OF PUBLIC MEETING
TOPIC: FINANCING OF WATER FILTER PLANT'IMPROVEMENT
City Council will be discussing options for financing improvements to the Ashland Water
Filter Plant at the regular Council meeting, March 15, 1994, 7:00 p.m., Council
Chambers located at 1155 East Main Street.
1?lease note fhe change m t<me from 7.30 m to 7 00 p m f
The financing options under consideration are revenue bonds and general obligation bonds.
The cost of the improvements are $2,000,000 as established by an engineering. study
conducted by a private consulting firm in 1992 and 1993.
A copy of the Water Filter Plant Facilities Plan is available at the Ashland Public Library.
A few copies of the study are available for review at the Public Works Director's Office in
City Hall.
A brief summary of the issues is also available at City Hall.
Tours of the Water Filter Plant can be arranged by contacting Daryl McVey at 488-5345.
If you have any questions, please contact Steve Hall at 482-3211.
CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
BACKGROUND INFORMATION
ASHLAND WATER FILTER PLANT
Steven M. Hall, P.E.
Public Works Director
February 23, 1994
GENERAL INFORMATION
As you may have read in the newspaper, heard on the radio or seen on television, the Ashland City Council was
presented with a request by myself to consider the selection of a method to finance improvements to the City of
Ashland Water Filter Plant. The estimated cost of the improvements is $2,000,000.
The City Council will consider two methods of financing the improvements at their regular meeting to be held on
Tuesday, March 15, 1994 in the City Council Chambers at 7:00 p.m. The two proposed methods of financing are
revenue bonds and general obligation bonds. A report from the City's Bond Counselor will be presented to the
City Council. The report will discuss the advantages and disadvantages of each method of proposed financing.
WHY DO WE NEED TO IMPROVE THE WATER FILTER PLANT?
The first water filter plant was built in 1948 and had a capacity of 7 million gallons per day. In 1964 the water
filter plant was improved by changing the filters from slow sand to rapid sand filters. The change increased the
capacity of the plant to 12.5 million gallons per day. Some of the equipment was also updated in 1964. In the
last few years, improvements have been made to the chlorination system and some of the 1948 pumps and motors
have been replaced.
Two major issues are driving the need to make essential improvements to our water treatment plant.
* The age of the equipment is becoming critical. Most of the chemical feed equipment dates back to
1948. Normal design life for equipment is about 20 years, including the filter beds. About half of the
plant dates to 1948 and the other half to 1964. For the last few years, the plant has survived with a lot of
welding, piecemeal replacement and good luck. We find that many of the components are beginning to
fail on a regular basis. Unfortunately, repair parts are not available for much of the older equipment. The
aging issue needs to be rectified to assure each of us a consistent and reliable water supply.
* The Federal Drinking Water Act of 1972 is constantly imposing new and more,difficult requirements on
the production of our water. The issue is extremely complicated, but recent studies conducted by a
professional engineering firm determined that the water plant capacity has been reduced to about 4 to 6
million gallons per day. During the months of June, July, August and September the average consumption
has ranged from 4.2 to 4.9 million gallons per day. During peak demands, consumption often exceeds 6
million gallons per day.
HOW DO WE KNOW WHAT NEEDS TO BE DONE?
In 1992, the City retained a professional engineering firm to review the existing water filter plant and evaluate the
safety issues, obsolescence of the existing equipment and the ability of the plant to meet new standards.
As a result of that study, $2,000,000 of improvements were identified to meet the needs of the City of Ashland
residents and businesses over the next 20 years.
A copy of the plan is available at the library and a few copies are available at City Hall for review by the citizens
of Ashland.
WHAT CAN I DO TO UNDERSTAND THE PROBLEM?
Tours of the water filter plant are available. We encourage you to make an appointment to meet with Daryl
McVey by calling 488-5345 to arrange for a personal tour.
The old adage that a picture is worth a thousand words is very true. In the same vein, a hands on tour of the
water filter plant can be more valuable than a thousand words!
ORDINANCE NO.
AN ORDINANCE AMENDING THE LOCAL IMPROVEMENTS AND
SPECIAL ASSESSMENTS CHAPTER OF THE MUNICIPAL CODE TO
REVISE PROCESS WHEN ESTIMATED ASSESSMENT IS INCREASED,
OR WHEN PROJECT EXCEEDS ESTIMATED COST, BY MORE THAN
TEN PERCENT.
ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE LINED T-HA9HGH
AND ADDITIONS ARE
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 13.20. 050.D of the Ashland Municipal Code is
amended to read:
"Modifications. At the hearing, the council may direct any
modification of the improvement that it deems appropriate.
If the council modifies the scope of the improvement such
that the local improvement district would be enlarged, or,
if estimated assessments have been made by the time of the
hearing, the assessment is likely to be increased by more
01*46 , e13 Pik i4riC upon one or more lots, then a new
improvement resolution shall be adopted by the council, and
new notices mailed to all of the owners of properties
within the local improvement district. No new publication
regarding the amended improvement need be made. "
SECTION 2. Section 13 . 20. 060.B of the Ashland Municipal Code is
amended to read:
"Determination of Assessment. The council shall determine
the amount of the estimated assessment to be charged against
each lot within the local improvement district according to
the special and peculiar benefits accruing to the lot from
the improvement, and shall spread the estimated assessments
accordingly. If the estimated cost, as ascertained under
the preceding paragraph, is more than ten percent above any
estimated td assessment Cx..t}1 p7Cp ec ' - �ta�n d in t:e
_ the council shall
vote to discontinue the project or to find other sources of
funds so that the actual assessment does not exceed the
estimated assessment by more than ten percent.. In
determining and spreading the assessment, the council may
use any just and reasonable method consistent with the
benefits .derived by the various affected lots. "
The foregoing ordinance was first read by title only in
accordance with Article X, Section 2 (C) of the City Charter on
PAGE 1-ANNOTATED ORDINANCE AMENDMENT (p:ord%snn-=d1.=o)
the day of , 1994 , and duly PASSED and
ADOPTED this day of 1994 .
Nan E. Franklin, City Recorder
SIGNED and APPROVED this day of 1994 .
Catherine M. Golden, Mayor
Approved as to form:
Paul Nolte, City Attorney
PAGE 2-ANNOTATED ORDINANCE AMENDMENT (p:ordXaw=d1.mo)
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY OF ASHLAND SETTING LAND
DIVISION PLAT CHECK FEES AND OTHER RELATED FEES
PURSUANT TO THE ASHLAND MUNICIPAL CODE AND REPEALING '
RESOLUTION NO. 92-08.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Pursuant to Subsection 18. 108. 140.A of the Ashland
Municipal Code, fees for checking land division plats and plans
are as follows:
Subdivision Plats $500 plus
per lot $ 75
recheck, if required $100
Condominium Plats $500 plus
per unit $ 75
recheck, if required $100
Partition Plats $250
recheck, if required $ 50
Subdivision Improvement Plan Check $300 plus
per lot $ 50
SECTION 2. Fees for the following inspections and permits shall
be as follows:
Subdivision Construction Inspection COST
Street or Alley Excavation Permit $ 40
Miscellaneous Construction Permits for
Construction of Curb, Sidewalk,
Driveway Aprons, Etc. $ 30
Dust Suppression Permit $ 20
Driveway Painting Permit $ 5
SECTION 3. Classification of the fee. The fees specified in
this resolution are classified as not subject to the limits of
Section llb of Article XI of the Oregon Constitution (Ballot
Measure No. 5) .
SECTION 4. The fees specified in this resolution shall be
increased to account for inflation on April 1st of each year,
based on the Consumer Price Index - All Urban Consumer Portland
Index (CPI-U) December .to December.
SECTION 5. Resolution No. 92-08 is repealed.
The foregoing resolution was READ and DULY ADOPTED at a regular
meeting of the City Council of the City of Ashland on the
day of 1994.
Nan E. Franklin, City Recorder
SIGNED and APPROVED this day of 1994 .
Catherine M. Golden, Mayor
R�e�a�form:
Paul Nolte, City Attorney
PAGE 1-RESOLUTION SETTING PLAT CHECK FEES(p:o.a\Pmvr«.R_.)
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OFFICE or TI IF. SECIZE.IAlly or STA If; FIXI:111 IN, 1)1�111I IN
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February 15, 1994
TO: City Governing Bodies
FROM: Colleen Sealock
Elections Director
SUBJECT: Election Law Reminders
Please find attached a letter and a multi-page memo from Secretary of State
Phil Keisling regarding election law reminders. The purpose of this memo is
to provide a reminder of the requirements of Oregon election law in order to
help prevent unintentional violations from occurring.
Please distribute a copy of this packet to the appropriate employees in your
city, and to your Mayor and city council. If you need additional copies, please
feel free to make photocopies. If you have any questions,, please contact this
office.
Thank you for your assistance.
J'r p
PHIL KEISLING ��' S =°� STATE OF OREGON
SECRETARY OF STATE -"" p SECRETARY OF STATE
MICHAEL GREENFIELD
`_= 136 STATE CAPITOL
DEPUTY SECRETARY OF STATE '•-�`,..''� s SALEM.OREGON 97316-07 2_2
1 9 5 s (503)3784139
February 15, 1994
Dear Local Official:
In recent years there has been a significant increase in the number of alleged election law
violations investigated by the Elections Division. In a number of cases our office finds a
violation and imposes a fine. Our goal is to reduce the number of complaints and,
violations by helping educate all Oregonians about these important laws.
Attached is information about major election laws administered by my office. I hope you
will find it useful in appropriately discharging your official duties.
I want especially to direct your attention to Section A of the attached memo, which
discusses ORS 260.432. This law prohibits public employees from spending time during
working hours to promote or oppose candidates or ballot measures. Verbal, written, and
broadcast efforts all fall under this provision. A violation of this section can occur even
if there is no explicit request to vote a certain way in an election. I urge you to pay
special attention to the attached discussion, and to consult with your legal counsel, and
our office if necessary, if you have questions.
My office is also developing legislation for the 1995 session to clarify and reform various
provisions of Chapter 260. One change we plan to propose will increase the penalty for
violations of ORS 260.432. Your thoughts on this and other election law issues will be
welcome once we complete our initial work.
Sincerely,
l
Phil Keisling
Secretary of State
PK:wc
Attachment
OFFicr.OF"IF SF.(:1(1-1'ARY0F SrAIT E1,I, Dmc)\
PHit. KEISLING
SEIRMAR) 'IF SIA111
,\H:\I, OREGIII l)-31I)41-21
February 15, 1994
TO: County and City Governing Bodies,
State Agency Administrators
FROM: Phil Keisling,Secretary of State
SUBJECT: Election Law Reminders
The Secretary of State's office has received many written complaints and inquiries
concerning alleged election law violations involving the provisions of ORS 260.432 and
ORS 260.522. The purpose of this memo is to provide a reminder of the requirements of
Oregon election law and to help prevent unintentional violations from occurring.
Also, we want to take this opportunity to remind everyone that the June special election
date has been eliminated by the 1993 legislature. However, the legislative change
includes a clarification that the county or city governing body has the sole discretion to
determine whether an emergency exists. In this case,the governing body may set an
emergency election sooner than the next available election date to avoid extraordinary
hardship to the community.
The following discussion of election law is intended to highlight some areas of concern. If
you need any further information or have questions about specific circumstances,please
do not hesitate to call this office at (503) 986-1518. Our facsimile number is (503) 373-
7414.
A. ORS 260.432, RESTRICTIONS ON POLITICAL CAMPAIGNING BY PUBLIC
EMPLOYEES:
Please find enclosed a page listing statutory references for the text of ORS 260.432.
We would like to point out that legislative changes effective November 4, 1993 added
language to ORS 260.432 to include "the gathering of signatures on an initiative,
referendum or recall petition." In addition,ORS 332.118 was amended to state that the
restrictions on political campaigning by public employees also applies to several
types of petition processes affecting school districts. The authority of the election
laws commence when the prospective petition is filed with the county clerk.
1. Concerns about political activities by public employees:
ORS 260.432 (1) and (2) mean public employees (including school administrators,
city managers,police chiefs etc.)may not be involved in promoting or opposing any
initiative,referendum or recall petition,ballot measure or candidate"while on the job
during working hours." This does not apply to elected public officials. This
precludes,among other activities, the preparation of materials used in either support
or opposition as well as their distribution during regular working hours. Lunch hours
and breaks when the employee is considered to be off duty may be used for political
activity. A public employee may only provide impartial,factual information related
to a measure or candidate as a part of his or her job.
Election Law Reminders
February 15, 1994
page 2
In addition,a public employee or other person (including elected officials) may not
ask or direct public employees to prepare or distribute information that expresses
such support or opposition. Public employees may not be involved in activities such
as collection of funds or receipt and distribution of advocacy or recruitment
correspondence for political action committees on their work time. A public
employee may be involved in campaign activity during the employee's personal time
in the evenings and weekends and during his or her regular lunch hour and breaks.
Political buttons may be worn at any time with some restrictions applicable to polling
places on election day.
Regarding the use of public buildings and other facilities,if the governing body
allows one group to use public facilities, they should let others also. The same
building policy should be used for all,including charging the same fee. Some of the
concerns around this issue are not election law; ORS 260.432 speaks to public
employee work time and not to use of the facilities. However,as explained below,
other laws may apply (ORS 294.100).
If any public employee makes informational speeches regarding an initiative,
referendum,recall petition,candidate or ballot measure, while on their work time or
in an employee's "official capacity," they must make sure the speech is not
advocacy. The criteria to be discussed under written material (A.3.)applies here. A
public employer can tell employees about the possible effects of a measure,such as
possible layoffs;but the public employer must not threaten them with financial loss
if they vote one way or another(this is an undue influence statute concern,ORS
260.665).
Some administrators' work time is not as easily measured as that of hourly
workers,and administrators must be careful during appearances after normal work
day hours. They must not advocate on behalf of or against a petition,measure or
candidate if they are considered to be in their "official capacity." For example, if
the employee applies for expense reimbursement for the function,that would
indicate that they were "on duty."
Personal note keeping by such employees is suggested,to record when the
administrator is on and off duty. Also it is suggested that the administrator
announce to the audience in what capacity he/she is speaking at public appearances
if he/she makes any statements advocating a position on a petition,a vote on a
measure, or a candidate.
2. Elected officials:
An elected official may advocate a vote on candidates or measures on their work
time. (ORS 260.432(4)(a)). However,caution should be taken to not involve
support staff's work time in any activities that could be construed to be supporting
or aiding an advocacy campaign effort,such as preparing advocacy material on
behalf of an elected official.
If a board consisting of elected officials votes to support or oppose a measure, a
public employee's work time may be used in an incidental way to record the vote if
that is part of the employee's normal work duties. Activities beyond that related to
the vote are not allowed on the public employee's work time.
Election Law Reminders
February 15, 1994
page 3
3. Concerns about written material relating to measures:
Written material prepared or distributed by public employees must be impartial.
"Impartial" means equitable, fair,unbiased and dispassionate. The material needs
to have some balance of factual information. This means that the material cannot
lead the voters to support or oppose the measure by selective use of factual material,
even if the material does not expressly urge a yes or no vote. The material will
probably be determined to be advocacy if, taken as a whole, it is clearly intended to
generate votes for or against the measure.
This office may need to review individually any document that is brought into
question to determine if it must be considered advocacy material. If public
employees are used to provide services which support a measure, then the
employees may be in violation of ORS 260.432.
Enclosed is a letter from the Attorney General dated October 5, 1993. It states that
the Attorney General has concluded "that public bodies may use public funds to
inform voters of facts pertinent to a measure, if the information is not used to lead
voters to support or oppose a particular position in the election." It goes on to state,
"However, we also have pointed out that'informational' material may be found to
'promote or oppose' a measure even if it does not do so in so many words, if the
information presented to the public clearly favors or opposes the measure and, taken
as a whole,clearly is intended to generate votes for or against a measure."
The best suggestion that can be offered is to let a Political Action Committee(s) that
is formed, which can legally produce and distribute advocacy materials,handle
getting information on a petition or ballot measure to the public. Otherwise, there
may always be a matter of controversy as to whether information presented is
impartial.
Some factors that will be considered in making the determination of whether the
material is advocacy includes,but is not limited to, the following listing. It is to be
noted that any of the factors listed below (except h), in and of themselves, may not
be sufficient to reach this conclusion. However,taken as a whole the combination of
factors may indicate that the material is campaign advocacy.
a) The timing of the publication related to the election.
b) The balance of factual information, whether any negative (or positive) facts are
mentioned at all. This does not necessarily mean an equal number of facts on
either"side" must be mentioned.
c) The overall impression a reader gets after reading the material should be an
impression that neutral facts have been presented and it is up to the reader to
decide how to vote,rather than that they should vote in favor of the measure.
The overall impression should be that the material is being presented to inform
the voter rather than persuade them.
d) The article should not include just statements as to the possible favorable (or
unfavorable) effects that passage of the measure would have. Overall,the tone '
Election Law Reminders
February 15, 1994
page 4
should be described as dispassionate rather than enthusiastic for one side of
the measure.
This is not to speculate on whether any of the statements are true or not; this
office does not have the jurisdiction to make the determination on whether all
political statements are true. (ORS 260.532)
e) All sentences used as headings etc. should not lend a positive(or negative) tone
to the material, in favor or opposition to the ballot measure. This also applies to
the usage of all positive or negative connotations given by words or phrases.
f) The quotes used should not all be favorable or unfavorable to the measure, or
all from members of a political committee supporting or opposing the measure.
g) Information about how to contact the supporting or opposing PAC,such as
listing the PAC's phone number.,may imply a connection between the governing
body and the petitioners or supporters of the measure.
h) The contents of the document must not explicitly urge a yes or no vote for the
measure in that there should be no "vote yes" or"vote no" type language:
Finally,this office cautions all government entities,elected officials and public
employers to be vigilant in ensuring that no public employee work time is used in any
activity that could be construed as support of or opposition to a candidate,
initiative,referendum or recall petition,or ballot measure,apart from the expression
of personal political views. While it is understood that a government entity may
have much at stake in matters relating to an election,it has a responsibility to ensure
that its activities and those of its employees comply with election laws.
We also want to point out that ORS 294.100 states: It is "unlawful for any public
official to expend any money in excess of the amounts, or for any other or different
purpose than provided by law." However, this is not an election law and these
complaints are to be filed with/by the District Attorney or by taxpayer suit. See
Burt v. Blumenauer, 299 Or 55 (1985).
4. Public Notice required by ORS 260.432(3):
ORS 260.432(3) states:
"Each public employer shall have posted in a conspicuous place likely to be seen by its
employees the following notice in printed or typewritten form:"
A copy of this notice is enclosed. You may make copies of this notice to distribute if
you have not already done so (a mailing of this notice was also done last October). It.
is required to be posted in all appropriate places where public employees work
B. ORS 260.522; IDENTIFICATION REQUIRED ON POLITICAL MATERIAL:
Also of importance to public bodies and state agencies may be the identification
requirement for published material(written or broadcast) that relates to a candidate
Election Law Reminders
February 15, 1994
page 5
or measure at an election (ORS 260.522). The identification requirement is the
words "authorized by" and the name and address of the person (individual,
corporation, organization,governing body,etc.) or political committee responsible
for the material.
For example,
"Authorized by John Smith, 200 State St., Salem, OR 97000"
However,there is an exemption for governing bodies (including counties,cities,school
districts etc.) for informational, impartial material which is related to a measure that
the governing body is referring to the ballot. In this case,the governing body is not
required to use the words "authorized by." Nevertheless,the material must include
the name and address of the governing body.
Oregon Administrative Rule No. 165-13-040 also exempts regularly published
newsletters from having to state "authorized by" on the publication if the name of the
organization,its address,and the name of the publisher or editor is printed on the
publication. This exclusion does not apply to special editions/publications.
Identification is required even if the political material is strictly informational and
impartial,and not considered in support or opposition to a candidate or ballot
measure(and therefore not in violation of election law ORS 260.432 for a public
body to produce or distribute). As explained above, "impartial" is interpreted to
mean that the publication is neutral,unbiased,equitable and dispassionate. The
contents of the published material must not urge a yes or no vote for a candidate or
measure. In addition, the published material should not present only facts selected
to support a particular outcome.
For any further questions about these or other election laws,please contact the
Secretary of State, Elections Division at (503) 986-1518. Our facsimile number is
(503).373-7414. Thank you.
enclosures
Invest./AdvArs./
ORS260.432,Govendng bodies
otz[7,a oi:TI a: Smtm-Atn of Snvi I- Fj Ez,,i i,),, Di,im,
Col.1.1 i, St
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ORS 260.432
ORS 260.432(1) states:
'.'No person shall attempt to, or actually, coerce, command or require a
.public employee to influence or give money, service .or other thing of
value to promote or oppose any political committee or to promote or
oppose the nomination or election of a candidate, the gathering of
signatures on an initiative, referendum or recall petition, the adoption of
a measure or the recall of a public office holder.
ORS 266.432(2) states:
"No public employee shall solicit any money, influence, service or other
thing of value or otherwise promote or oppose political committee or
promote or oppose the nomination or election of a candidate, the
gathering of signatures on. an initiative, referendum or recall petition, the
adoption of a measure or the recall of a public office holder while on the
job during working hours. However, this section does not restrict the
right of a public employe to express personal political views."
ORS 260.432(3) states:
"Each public employer shall have posted in a conspicuous place likely to
be seen by its employees the following notice in printed or typewritten
form:"
(see attached notice)
ORS 260.432(4) states:
"As used in this section:
(a) 'Public employee' does not include an elected official.
W 'Public employer' includes any board, commission, committee,
department, division or institution in the executive, administrative,
legislative of judicial branch of state government, and any county, city,
district or other municipal corporation or public corporation organized
for a public purpose, including a cooperative body formed between
municipal or public corporations."
THEODORE R. KULONGOSKI
ATTORNEY GENERAL 100 Justice Buildmg
1162 Coun Street NE
Salem, Oregon 9 73 10
THOMAS A. BALMER FAX: (503) 378-3784
DEPUTY ATTORNEY GENERAL TDD: (503) 378-5939
- Telephone: (503) 378-4620
DEPARTMENT OF JUSTICE
GENERAL COUNSEL DIVISION
October 5, 1993
Colleen Sealock, Director
Elections Division
Office of the Secretary of State
Room 141 State Capitol
Salem, OR 97310
RE: Statutory Restrictions on Promoting or `
Opposing Ballot Measures
Dear Ms. Sealock
Oregon voters will face a number of contentious ballot measures at upcoming elections,
and some of these measures will effect, directly or indirectly, the operation of state and local
government. You have asked what restrictions may apply to public officials promoting or
opposing ballot measures.
I. Statutory Restrictions on Public Employee Political Activiti
ORS 260.432v prohibits political activities by public employees while "on the job during
working hours. In addition, ORS 294.100(1) makes it unlawful for "any public official" to
spend public funds for any purpose not authorized by law, and subsection (2) of that statute
makes public officials personally liable for money improperly spent. This statute has been found
by Oregon courts to apply to public officials who used public funds eitherp support or oppose
measures which were before the voters.
ORS 260.432"provides, in relevant part:
(1) No person shall attempt to, or actually, coerce. command or require a public
empoovee to influence or dive money service or other thing of value to promote or
oppose any Political committee or to promote or oppose the nomination or election
of a candidate, the adoption of a measure or the recall of a public office holder.
(2) DUblic emplovee shall solicit anv money influence service or other thing
of value or otherwise promote any political committee or promote or ol)pQs e the
Colleen Sealock
Page 2
October 5, 1993
nomination or election of a candidate, the adoption of a measure or the recall of a
public office holder while on the job during working hours. However, this section
does not restrict the right of a public employee to express personal political views.
(4) As used in this section:
(a) "Public employee" does not include an elected official.
(b) "Public employer" includes any board commission committee
department division or institution in the executive administrative
legislative or judicial branch of state.govermment, and any county, city,.
district or other municipal'corporation or public corporation organized for a
public purpose, including a cooperative body formed between municipal or
public corporations.
(Emphasis added.)
Thus, ORS 260.432 prohibits "public employees" from promoting or opposing the adoption
of.a measure while on the job during working hours. It also prohibits "any person" from requiring
or attempting to require a public employee to give money, service or anything of value to promote
or oppose the adoption of a measure.
2. Who is a "Public Employee" Subject to these Restrictions?
We believe that "public employee," as used in ORS 260.432, includes not only rank and file
employees but also supervisors, appointed agency administrators and appointed board and
commission members at both the state and local government level.31 ORS ?60.432(4) provides that
"public employee" does not include elected officials. The implication of'this definition is that
"public employee," for purposes of ORS 260.432, does include all state and local government public
employees and officials other than elected officials. For example, appointed members of state
boards and commissions are.included within this definition, but elected local school board members
are not included. This result is consistent with the Attorney General's conclusion in a 1968 opinion
that a member of the Industrial Accident Advisory Committee, a public appointee, is a public
employee for purposes of ORS 260.432. 33 Op Airy Gen 473 (1968).
Thus, only elected officials lawfully may engage in advocacy for or against a ballot measure
while.on the job during working hours.• However, even elected officials may not "coerce, command
or require a public employee to influence or give money, service or other thing of value to promote
or oppose * * * the adoption of a measure." ORS 260.432(1).
I
Colleen Sealock
Page 3
October 5, 1993
3. Penalties
The penalty for failure to comply with ORS 260.432 potentially is quite severe.
ORS 260.995 authorizes the Secretary of State to impose a civil penalty of up to $250 for each
violation of ORS 260.432. However, the more significant potentia&penalty is found in ORS
294.100(1), which provides:
(1) It is unlawful for any public official to expend any money in excess of the
amounts, or for any other or different purpose than provided by law.
ORS 294.100(2) mattes public officials who violate subsection (1) civilly liable for money
improperly spent, and authorizes suit by the district attorney or taxpayers to seek recovery of that
money from the officials who authorized the expenditure.
Oregon courts on several occasions have found this`statute to apply to public officials who
used public funds either to support or oppose measures which were before the voters. In Porter v
T' an , 11 Or App 542 (1972), the Court of Appeals held that members of the board of directors of
the Eugene Water and Electric Board (EWER) were personally liable under ORS 294.100 for
EWER funds spent in connection with two ballot measures. One of those measures authorized the
sale of bonds to be used by EWEB to acquire a partial interest in a nuclear power plant. The
EWEB funds were used for television, radio and newspaper advertising, voter surveys and other
materials to support a favorable vote on the measure. The other measure would have delayed the
construction of a nuclear power plant for four yeas. EWEB used its funds for advertising, polls
and other materials in opposition to.this measure. The court found that the board had no authority
to authorize payments for these activities, and ordered the board members personally to reimburse
EWEB for the amount expended in promoting or opposing the measures.
Burt v. Blumenauer,.299 Or 55 (1985), involved a taxpayer suit under ORS 294.100 against
three county commissioners, the county executive, and two county health officers for unlawful
expenditure of public.funds. The money was used to pay the salaries for persons, including one of
the health officials, who staffed a "fluoridation public information project," and to pay for
advertising, posters and polls to promote the benefits of fluoridation. This "information project"
was undertaken at a time when an anti-fluoridation measure was on the City of Portland ballot. The
court, citing ORS 260.432, found that if the officials established the "information project" with the
purpose of opposing adoption of the anti-fluoridation measure, they would be subject to personal
liability for public funds spent to oppose the measure. The case was remanded to the trial court to
determine whether the expenditures were, in fact, made for the purpose of opposing the measure.
Note that in both of these cases some of the defendants were elected officials.
ORS'260.432(4) was,amended to exclude elected officials from the definition of "public employee"
after these cases were decided. Nevertheless, this change in the law would almost certainly not
have changed the results of these cases. We believe that the exclusion of elected officials from the
Colleen Sealock
Page 4
October 5, 1993
definition of public employee permits elected officials to give speeches or interviews in which they
urge support of or opposition to ballot measures, even when those activities take place "on the job
during working hours." We do not believe, however, that elected officials may direct that public
resources, including use of public employee's time, be used to support or oppose the measure. This
would appear to result in violation of ORS 260.432(1) by the elected official and ORS 260.432(2)
by the public employee.
4. Permitted Activities
This is not to say that public officers and employees must remain entirely silent with regard
to measures pending before the voters. The Attorney General has concluded that public bodies may
use public funds to inform voters of facts pertinent to a measure, if the information is not used to
lead voters to support or oppose a particular position in the election5' 5ee 35 Op Atty Gen 169
(1970), discussing use by a school district of district funds to inform voters of facts relevant to a
school budget election. However, we also have pointed out that "informational" material may be
found to "promote or oppose" a measure even if it does not do so in so many words, if the
information presented to the public clearly favors or opposes the measure and, taken as a whole,
clearly is intended to generate votes for or against the measure. Letter of Advice OP-3322 to Ray
Robinett; Washington County District Attorney, July 24, 1975.
Moreover, ORS 260.432(2) specifically states that it does not restrict the right of public
employees to express their personal political views. Thus, public employees may campaign for or
against measures or candidates in their individual, as opposed to official, capacity while off the job.
The Department of Justice also has concluded that the last sentence of ORS 260.432(2) authorizes
public employees to express their en rsonal political views while on the job, through such activities
as wearing campaign buttons, subject to limited regulation by the public employer to the extent
necessary to avoid interference with the employee's duties and the employer's mission. Letter of
Advice to C. Gregory McMurdo, Deputy Secretary of State, October 10, 1984 (OP-5750). We also
believe that a public employer may establish policies restricting expression of personal political
views by employees where such expression reasonably may be interpreted by others as officially
endorsed by the public employer. For example, an agency might have policies prohibiting its
receptionist from displacing a political poster in his or her work area in view of the general public,
or prohibiting uniformed employees from wearing any badge, insignia or button, political or
otherwise, which is not an authorized part of the uniform.
Of course, an agency or other public body also must have legal authority for any expenditure
of public funds. That is, the expenditure must be for the purpose of carrying out a task or program
given to the public body by the legislature or by its charter or other enabling act. When there is a
question whether the expenditure may be for the purpose of affecting the vote on a measure, there is
some indication that Oregon appellate courts will apply a strict standard in determining whether the
agency has legal authority to make the expenditure. In Porter v. Tiffany, supra, for example,
EWM was authorized by the city charter to "improve, extend, enlarge,.and acquire water and
Colleen Sealock
Page 5
October 5, 1993
electrical utilities systems * * * ". The court held that this language did not authorize EWEB to
support a ballot measure to raise money to extend electrical service, because the power to raise
money for this purpose was given to the city council, rather than to EVIM. Likewise, the
legislature and the Governor have the responsibility for assuring adequate funds for operation of
state government agencies. Thus, even purely informational activities related to a ballot measure
should be carefully examined to ensure that the public body has statutory or other legal authority to
engage in those activities.
5. Conclusion
lusion
In summary, public employees, including non-elected officials, may not support or oppose
measures pending before the voters "while on the job during working hours."Cpublic employees
may campaign for or against measures or candidates while off the job, in their individual capacity.
They may express their personal political views while on the job through such activities as wearing
campaign buttons, subject to limited regulation by the employer to avoid disruption of the workplace
or suggesting to members of the public that the employee's personal political views are endorsed by
the public employer. In addition, public bodies generally may provide information to the public
concerning their activities. However, when the information relates to a measure before the voters,
special care should be taken to ensure that the information is fairly presented and is not used to lead
voters to support a particular position in the election. In view of the potential financial penalties for
violation of ORS 260.432 and 294.100, we urge agencies to consult with counsel before embarking
on any informational program related to a ballot measure
Sincerely,
!s; COULD C AMOLD
Donald C. Arnold
Chief Counsel
General Counsel Division
DCA:bjs/JGG07C41
c: Theodora R. Kulongoski, Attomey'General;/
t/ Federal law also limits the political activities of certain state and local government
employees. See 5 USCA § 1501 et. sea. These statutes apply generally to officers and
employees of state and local government executive branch agencies, boards, commissions or
departments which are financed in whole or in part by federal loans or grants, but excluding
educational and research agencies. The restrictions in these statutes are similar to, although
in some respects stricter than, the provisions of ORS 260.432.
Colleen Sealock
Page 6
October 5, 1993
21 This statute was amended by Or Laws 1993, ch 493, § 106 to add "gathering of
signatures on an initiative, referendum or recall petition" to the list of activities referenced in
ORS 260.432(1), (2) and (3). This amendment is effective November 4, 1993.
31 The Oregon Court of Appeals has held that ORS 260.432 applies to both state and
local government employees, and that it preempts any inconsistent local government
ordinance. Williams v. City of Astori a, 43 Or App 745 (1979).
41 ORS 294.100 is found in a chapter relating to county and municipal finances, yet it is
applicable to "public officials" generally. We believe it is likely that the statute would be
found to apply to all public officials. Even if it does not, however, other statutes which lead
to the same result clearly do apply to state officers. ORS 293.515, for example, authorizes
the Governor to withhold the salary of state officers or employees who fail to settle accounts
with respect to disposition of public funds or property when use of those funds or property is
questioned by the Secretary of State during his audit of the agency. Similarly, ORS 293.260
authorizes the Secretary of State to require persons who have received moneys or property
belonging to the state for which they have not properly accounted to return the money or
property to the state.,
51 Oregon election law recognizes that certain public bodies may provide informational
material concerning measures which they have referred to the voters. ORS 260.522(3)(b)
provides an exemption from certain requirements for identification of the source of a.political
publication for
(b) Any written matter relating to a measure at any election prepared
under the direction of the governing body of the city, county or district
that referred the measure if the written matter is impartial, neither
supports nor opposes passage of the measure and contains the name and
address of the city, county or district.
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