HomeMy WebLinkAbout2011-1220 Council Mtg MIN ASHLAND CITY COUNCIL MEETING
December 10, 2011
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MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
December 20,2011
Council Chambers
1175 E.Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Morris, Lemhouse, Voisin, Silbiger, and Chapman were present. Councilor Slattery was
absent.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced openings on the Planning, Historic, Housing, Public Arts, Tree, and
Transportation Commissions and the Audit Committee.
He described the annual Abundance Swap and recognized Jeff Golden who created the event and Alan
DeBoer who donated the Historic Ashland Armory for the event.
He went on to add a second agenda item under OTHER BUSINESS FROM COUNCIL
MEMBERS/REPORTS FROM COUNCIL LIAISONS for a report from Councilor Voisin on
the Homelessness Steering Committee.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of December 5, 2011, Executive Session of December 6, 2011 and
Regular Meeting of December 6, 2011 were approved as presented.
SPECIAL PRESENTATIONS& AWARDS
CONSENT AGENDA
1. Will Council Approve the Minutes of the Boards,Commissions and Committees?
2. Does Council wish to approve a Liquor License Application from Emil McMillan, Jr. dba
McMillan's Hong Kong Bar at 23 North Main Street?
3. Does Council wish to confirm the Mayor's appointment of Tobin Fisher to the Historic
Commission with a term to expire April 30,2014?
4. Does Council wish to confirm the Mayor's appointment of Richard Kaplan with a term to
expire April 30,2015 to the Planning Commission?
5. Will Council, acting as the Local Contract Review Board, approve a Sole Source Procurement
for the acquisition of Itron electric meters directly from General Pacific for a term of three (3)
years beginning January 1,2012 and expiring December 31,2014?
Councilor Voisin pulled Consent Agenda item #5 for discussion.
Councilor Morris/Chapman m/s to approve Consent Agenda items#1 -44.Voice Vote: all AYES.
Rod Newton/1196 Timberline Terrace/Spoke regarding Consent Agenda item #5, the acquisition of
Itron electric meters. The meters would send out a radiated signal every 30 seconds to allow a meter
reader to capture information while driving past using a handheld device. The first generation of this type
of meter produced one radiated signal a month and worked fine. He was concerned about the health
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December 20, 2011
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effects of continual radiation emitted from the new meters and thought the City should postpone the
purchase order to research meters that would emit less radiation.
James Fong/759 Leonard Street/Also spoke on Consent Agenda item #5, the acquisition of Itron
electric meters. He explained the issue was wireless radiation, Electric Magnetic Frequency (EMT) and
Radio Frequency (RF). There was concern the technology had potential health impacts and asked the
City to readdress the acquisition. He noted that six other municipalities had put moratoriums on using the
meters until they researched health risks and other areas rejected them all together.
Interim City Administrator Lee Tuneberg explained there was not a formal policy for opting out and the
City had received less than 12 requests not to use the meters in their area. Alternately, more people were
opting in because it eliminated leaving gates open, having City staff enter personal property and alleviated
concerns regarding their pets. Currently 43%of electric meters used radio frequency emitters.
Councilor Silbiger/Morris m/s to approve Consent Agenda item #5. DISCUSSION: Councilor
Silbiger noted this was a long-standing conversion. There was no plausible or measurable health problem
related to the transmitters and they used the same frequency as non-cellular telephones. Councilor Voisin
thought the City should research the possible health effects related to the transmitters and would not
support the motion. Mayor Stromberg suggested the City provide a policy for customers to opt out and
charge accordingly. Councilor Chapman added the meters were low powered and outside. Staff could
look into purchasing first generation meters or reprogramming the new meters to a standby mode.
Councilor Morris did not think the new meters were potentially harmful but wanted a policy to opt out.
Councilor Lemhouse supported delaying the order to address concerns and possible options. Councilor
Voisin reiterated the need to delay until they received more information. Councilor Chapman explained
the company could decide on reprogramming or using first generation meters while the order was
processed. Mr. Tuneberg recommended digital meters without the Electronic Radio Transmitter (ERT).
They were more accurate and incapable of transmission. Voice Vote: Councilor Morris,Chapman and
Silbiger,YES; Councilor Voisin and Lemhouse,NO. Motion passed 3-2.
Council directed staff to explore a policy for opting out and associated costs.
PUBLIC HEARINGS-None
PUBLIC FORUM
Pam Vavra/457 C Street/Spoke on the behalf of the Local Chapter of the Civil Liberties Defense Center
regarding homelessness and the Center's founder, Ralph Temple who had passed. She noted the
escalation nationwide of Police coming down on homeless people and that homelessness had increased
dramatically since 2008. The Center worked to protect the public by educating them on their rights and
reaffirmed the Center's intention to continue Mr. Temple's work.
UNFINISHED BUSINESS
1. Will Council approve a resolution for an interim rate increase for solid waste collection? _
City Administrator Larry Patterson provided background on the 7.5% increase across the board for all
users with a 20% increase on commercial bins Council approved during the December 6, 2011 meeting.
Recology adjusted the rates that equated to an overall increase of 11.2%. General Manager Steve
DiFabion explained the rate increase with the current calculations would help Recology break even.
Councilor Voisin/Chapman m/s to approve Resolution #2011-34. DISCUSSION: Councilor Voisin .
thought the rate increase was reasonable and a good beginning. Councilor Lemhouse did not see the
evidence that justified the rate increase and would not support the motion. Councilor Chapman noted
some of the commercial rates were higher because it was,an average and would hurt more customers than
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December 20, 2011
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he had anticipated. Mayor Stromberg was not comfortable with the concept of cost-plus as the basis for
rates because it gave Recology the incentive that more costs equaled more profit and put the City at a
disadvantage. Councilor Silbiger agreed with the Mayor and added approving the rate change was not an
acceptance of Recology's request to build a 10% profit margin into the replacement Franchise
Agreement. Councilor Voisin wanted a Study Session to address the 23.3% increase, review an audit of
Recology's financials, and then start negotiations. Mayor Stromberg clarified the next steps included
getting expert help, analyzing the figures, and interacting with Recology. Roll Call Vote: Councilor
Silbiger,Voisin,Chapman and Morris,YES; Councilor Lemhouse,NO.Motion passed 4-1.
2. Does Council have questions regarding the applicability of recent ordinance amendments
designed to implement ideas, proposals and recommendations evaluated as part of the
Pedestrian Places Project?
Interim City Administrator Larry Patterson explained Council passed the Pedestrian Places ordinance
without fully realizing that some of the provisions in the Overlay Zone applied citywide. At Council's
request, staff prepared an outline of amendments to the ordinance that clarified the changes. Council was
concerned with the transit stops and the blanket assessment of arterial setbacks and wanted the Planning
Commission to review all the amendments.
Community Development Director Bill Molnar addressed Section 18.92.050 Transit Facilities Credit,
and explained the changes to the off street-parking chapter sought to identify additional parking
management strategies to utilize parking more efficiently. This change applied to projects with parking
requirements of at least 20 spaces. Applicants providing a transit plaza were eligible for a 10% reduction
in the parking requirement. The City would also have the ability to require additional study by a
professional.
He went to explain the staff recommendation to remove the 20-foot arterial setback in the city and apply it
to commercial or employment areas only. This change primarily affected Ashland Street, Siskiyou
Boulevard, and parts of North Main. An applicant could reduce the 20-foot setback no less than the
City's new sidewalk standards. In a commercial zone, that was anywhere from 13-15 feet back from the
curb. In addition, a 5-foot setback could be greater. Even with the front yard setback removed along
commercial arterials,the building setback would be 15-20 feet. The residential 20-foot front yard setback
remained unchanged. Mr. Molnar added the Planning Commission was aware of the amendments and
understood it would apply to the greater extent of Ashland Street beyond the small Pedestrian Overlay.
Mayor Stromberg thought the amendments were major impacts to areas of Ashland and did not think the
Planning Commission had discussed them in depth. They also passed through Council unnoticed and
needed review by both groups.
Councilor Silbiger shared his personal experience discovering the amendments and addressed the outline
of changes. The first four pages affected the entire city. There was one page for the Pedestrian Overlay
and Detailed Review Zone and only half a page for Pedestrian Places. The changes did not appear to be
an oversight and he found it disturbing. The majority of changes were good but the Planning
Commission and Council should have discussed them in detail prior to approval. If the intent and
purpose beyond the Pedestrian Places was to increase density along certain corridors, those standards
were now in areas they should not be.
Councilor Morris supported most of the changes but expressed concern they were presented as Pedestrian
Places. He had mentioned the special setback requirement had changed during the hearing and that it was
not Pedestrian Places location. In addition, there were items in the ordinance not covered in the public
meetings.
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December 10, 1011
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Councilor Voisin thought the changes were good and that Council frequently gave mixed messages to
staff. Mayor Stromberg added that when writing new ordinance language that had a specific purpose
there was a tendency to address other issues relating to the ordinance. However, some of the issues in the
Pedestrian Places ordinance did not go through the proper land use process and had a different context.
The people affected by the changes were most likely unaware they existed.
Colin Swales/143 81h Street/Noted he had spoken to these issues at the Planning Commission and
Council meetings. The outline of changes was more extensive than he originally thought and he had read
the ordinance carefully. When working with arterial setbacks there was a need to preserve both the public
space and the property rights of those who abutted the arterials.
Councilor Silbiger/Chapman m/s to direct the Planning Commission to review the ordinance
changes made citywide and to the Detailed Site Review and make recommendations to Council for
changes as appropriate. DISCUSSION: Councilor Silbiger explained in addition to reading the
minutes, he had confirmed with a Planning Commissioner they had not discussed changes outside of the
Pedestrian Places Overlay, nor had Council. It was appropriate for the Planning Commission to go
through the review process. Roll Call Vote: Councilor Silbiger, Voisin, Lemhouse, Morris and
Chapman,YES.Motion passed.
3. Will Council authorize the City Administrator-to finalize and sign the Charging Site Host
Agreement with ECOtality North America to participate in a pilot project for the installation
and use of Electric Vehicle (EV) charging units in two City owned parking facilities in the
downtown area?
Interim Assistant City Administrator Lee Tuneberg explained the pilot program would have two charging
stations in the downtown area. Project Manager Adam Hanks added the City Administrator would
designate the spaces for EV charging only. Currently there was 7% use of these spaces. The pilot project
would help determine how pervasive use was and how quickly it would ramp up.
Mr. Hanks explained enforcement was the same as changing a 15-minute parking zone to two hours and
fell below the threshold of an ordinance. Additionally, the ordinance authorized the City Administrator to
make changes at that level. Initial energy use would be insignificant, eventually fall to time of use, and
load management. When the pilot program ended, they would cap the charging pedestal without the City
incurring removal costs.
Managing time limits for the parking spaces would be no different from managing the two and 4-hour
parking spaces. An electronic vehicle using the space but not charging would result in a ticket.
City Attorney Dave Lohman noted that ECOtality was proposing a license instead of the agreement in the
Council packet that was more protective and contained a terminable at will clause.
Mr. Hanks explained a customer could subscribe to the program and have access to charging stations all
along the coast or make one-time purchases at the individual charging stations.
Councilor Voisin/Chapman m/s to authorize the Interim City Administrator or his designee to
finalize and sign the Charging Site Host Agreement with ECOtality North America including the
installation of 2 charging units in Ashland as presented or any more protective agreement for the
City. Roll Call Vote: Councilor Morris, Lemhouse, Voisin, Silbiger and Chapman, YES. Motion
passed.
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December 20, 2011
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NEW AND MISCELLANEOUS BUSINESS
1. Will Council conduct annual review and accept the current City of Ashland Investment Policy?
City Recorder Barbara Christensen explained the investment policy was last revised 2009 and read the
following from the policy statement: "It is the policy of the City of Ashland to invest public funds in
a manner which will provide the highest investment return with the maximum security while
meeting the daily cash flow demands of the entity and conforming to all state and local statutes
governing the investment of public funds."
The policy was set up to safeguard the monies of the citizenry and had a criteria guideline that addressed
where the City could keep excess funds. Given the market, 99% of the City's money was currently in the
Local Government Investment Pool, and there was one Federal Agency security with Wells Fargo. There
were no securities out there that met the 90-day Treasury bill benchmark the City used or the Local
Government Investment Pool.
She noted recent conversations with individual citizens and clarified the agenda item pertained to the
City's investment policy and there were no investments or securities with Bank of America since 2009.
Ms. Christensen had reviewed House Bill 3700 and explained it was the second time in the past 10 years
the use of credit unions had come forward. The current policy allowed the City to use credit unions but
treated them the same as banks. Mainstream banks used FDIC at the $250,000 level, anything over that
required collateral ization. The 2009 revisions to the City's Investment Policy encompassed changes the
bank had made. At that time, banks created a collaborative group in order to establish a collateral ization
pool because the cost of collateralizing funds became too expensive. Insurance companies had raised the
premiums paid and it became increasingly more difficult for banks to pay municipalities to invest in
securities more than $250,000. Now, credit unions were trying to create a collaborative group, and put
together a collateralization pool approved by the State Treasurer's office. The Investment Policy
prohibited the City from purchasing securities from any bank that did not participate in a collateral ization
program. If the credit unions were successful, municipal governments could safely invest in credit unions
higher than what their current insurance fund and collateralizations allowed.
The Request for Proposal (RFP) for banking services was a 3-4 month process that occurred every five
years. Banking services contracts lasted three years with two one-year extensions. Ms. Christensen
thought it was possible and a good idea to go out for another RFP that coincided with the three-year
contract. Technology was changing and smaller and local banks were catching up to larger banks. Part of
the RFP criteria was having a local branch. The primary criteria were ensuring the bank could meet the
City's complex banking needs. City Attorney Dave Lohman further explained the Council could add
RFP evaluation, or tier two criteria to the RFP process. Ms. Christensen added they could include more
information in the scoring system as well.
Rich Rohde/124 Ohio Street/Explained he was the regional organizer for Oregon Action and shared the
goals of the local banking movement. Oregon Action had two suggestions for Council. One was add
more selection criteria to the next RFP process. The second was incorporating the changes in House Bill
3700 into the City's investment policy and transferring investments to a local credit union.
Julie O'Dwyer/995 Camelot Drive/Supported Oregon Action's suggestions to Council described in Mr.
Rohde's testimony. It would support both residents and business owners.
Emery Way/430 Ashland Street/Spoke in support of the City making changes to the banking policy to
invest local and keep the money in the community. Many people had already moved their money from
larger banks into local credit unions. He asked Council to take an innovative step and be the first city to
move their banking services to a local credit union as well.
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Tammi Spencer/453 Willow Street/Explained she was a member of Oregon Action and Occupy
Medford/Ashland. She presented Council with a petition containing approximately 300 signatures
supporting a Responsible Banking Resolution in Ashland.
Nick Patterson/526 Windsor Avenue, Medford/Represented Occupy Medford and was present to
support Ashland's divestment from Bank of America (BofA) and Wells Fargo. Banking local was good
money management and was good for the community.
Andrew Seles/475 W Nevada Street/Stated he was a member of Oregon Action and Occupy Ashland
and described some of Bank of America's actions since the taxpayer bailouts.
Evan Lasley/110 Seventh Street/Noted that people had moved $650,000 out of Bank of America since
September 29, 2011 when the bank announced their $5 debit card fee. This was the next step in the
movement to reclaim some economic power for local regions and establish autonomy from the Wall
Street banks. He stressed the importance of looking at the long-term consequences of large banking
systems.
Pam Vavra/457 C Street/Shared details of what happened when Jackson Comity decided to outsource
library management services in Ashland and expressed her support of Oregon Action.
Treasa Cordero Reinzi/1114 Oak Knoll Drive/Provided statistics on Bank of America, JP Morgan
Chase, Wells Fargo, and City Bank. She was a member of the Steering Committee for the National New
Bottom Line and a board member of Oregon Action. She noted the City of Seattle recently passed a
Responsible Banking Ordinance. The Los Angeles Clergy divested over$2,000,000 and ended 200 years
of business with Bank of America. People Acting in Community Together(PACT) in San Jose divested
one billion dollars while other coalition affiliates in San Jose divested $22,000,000 collectively. She
urged Council to consider divestment options for City funds to local banks and credit unions.
John Fisher-Smith/945 Oak Street/Noted the Glass-Steagall Act of 1933 that separated brokerage and
trading functions from banking functions was repealed in 1999. That action created the current large
conglomerate banks. England recently had to establish their own Glass-Steagall Act to separate their
"High Street" banks from the Investment banks. He suggested Ashland no longer conduct business with
big investment banks.
Liza Maltsberger/276 B Street/Explained Bank of America was one of the top three funders of
mountaintop removal and described the harmful results of this form of mining. She did not want her
money to support this practice and did not want City money to support it either.
Chapman/Silbiger m/s to approve the City of Ashland Investment Policy and direct staff to place on
the calendar a review of the criteria before the RFP goes out for banking services. DISCUSSION:
Councilor Lemhouse supported having local preference scores in the RFP. He disagreed on making a
choice between ethics and profit. Good business combined both ethics and profit. Additionally, the idea
that credit unions would loan to small businesses was not accurate. They were not loaning either due to
regulations put in place a 1.5 years prior. Until the regulations changed, no lender was lending money.
Councilor Voisin supported the motion. The Economic Development Strategy stated the need to assist
local existing and emerging businesses to help them grow. There was also the need to increase investment
capital for local businesses and credit unions would be able to make loans in the future. Roll Call Vote:
Councilor Morris,Lemhouse,Voisin, Silbiger,and Chapman,YES. Motion passed.
Ms. Christensen explained the City's' daily banking services and that the Bank of America account only
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contained enough money to meet the expenses of the City, any excess was transferred. She clarified the
City had not used the "float" option for several years. She would further evaluate House Bill 3700 and
collateral ization.
2. Shall Council approve the annual appointments for the vacant positions on the Citizen Budget
Committee with term ending December 31,2016?
City Recorder Barbara Christensen explained the City received two new applications after the deadline
and a request for reappointment from Roberta Stebbins. The City advertised the vacancies in the local
newspaper over a two-week period and posted them on the website. The deadline for this committee was
a processing deadline only and the City could receive late applications. In the future, she would note late
applications were acceptable when posting vacancies.
Councilor Silbiger/Chapman m/s the approval of the appointments of Roberta Stebbins and Bill
Heimann to the Budget Committee. Voice Vote: All AYES.Motion passed.
ORDINANCES,RESOLUTIONS AND CONTRACTS
1. Will Council approve Second Reading of ordinance titled, "An Ordinance Amending Chapter
2.12 and Chapter 2.19 of the Ashland Municipal Code, Reducing the Number of Established
Members on the Planning Commission and Housing Commission"?
Councilor Lemhouse/Chapman m/s to approve Ordinance #3056. Roll Call Vote: Councilor
Morris,Lembouse,Voisin,Silbiger,and Chapman,YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Discussion regarding wildlife issues.
Mayor Stromberg addressed the issues the community had with the deer population. He noted the deer
count that occurred in-the fall and recognized the Wildlife Committee and their efforts to educate
community on wildlife. One of the suggestions was establishing a Do Not Feed the Deer Ordinance.
Feeding deer increased their population, was not healthy for them and created tension between neighbors.
Another suggestion was having Council match $3,000 of the $6,000 needed for an over flight deer count
to correct any discrepancies from the earlier deer count.
2. Homelessness Steering Committee Report.
Councilor Voisin explained the Homelessness Steering Committee would come before Council in January
with a motion to allow homeless males to use the showers in The Grove on Friday afternoons from 2:30
p.m. to 4:30 p.m. on a trial basis. Parks and Recreation Director Don Robertson supported using The
Grove for this service. The only other place that provided shower services for the homeless was at the
Congregational Church on Monday mornings 8:00 a.m. to 12:00 p.m. where they often had to turn away
people.
ADJOURNMENT
Meeting was adjourned at 9:23 pm.
Barbara Christensen,City Recorder Mao John Stromberg