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Mayor & Council (View All)

City Council Meeting

Minutes
Thursday, October 03, 2013

                                                                                                                                       
                                    MINUTES OF THE MEDFORD CITY COUNCIL MEETING
 
                                                                  October 3, 2013
 
The meeting was called to order at noon in Council Chambers, 411 W. 8th Street, Medford with the following members and staff present.
 
Mayor Gary Wheeler; Councilmembers Dick Gordon, Karen Blair, Daniel Bunn, Bob Strosser, Eli Matthews and John Michaels (*left as noted).
 
Councilmember Chris Corcoran was absent.
 
City Manager Eric Swanson; Deputy City Manager Bill Hoke; Senior Assistant City Attorney Kevin McConnell; City Recorder Glenda Wilson.
 
McLoughlin Students of the Month
Rick Parsagian, Assistant Principal updated the Council on school activities and introduced the students.
 
New Employee
Salvador Garcia, Police Officer was introduced.  Officer Garcia has previously served the City as a Community Service Officer.
 
Employee Award
Fire Inspector Ralph Sartain was recognized as he was selected as the Oregon International Association of Arson Investigators Fire Investigator of the Year.  City Manager Swanson presented him with a City Manager Coin.
 
20.     Approval or correction of the minutes of the September 19, 2013 regular meeting
         There being no corrections or amendments the minutes were approved as presented.
 
30.     Oral requests and communications from the audience
30.1   Al Densmore, City representative to the Rogue Valley Area Commission on Transportation addressed the Council.  He provided an update on attendance at the Oregon Transportation Commission, the Rogue Valley Area Commission on Transportation and the Rogue Valley Metropolitan Policy Organization.   He noted that the Viaduct EIS process costing an estimated $4 million dollars is ODOT’s top recommended project for Southern Oregon.
 
Council questioned the benefit of the EIS project and Mr. Densmore noted that the EIS is the first step to address the viability and potential solutions to address the Viaduct.  The completion of an EIS is necessary to move forward with funding allocations for construction of a solution.  Mr. Densmore suggested that the Council send a letter to ODOT thanking them for supporting the Viaduct EIS project.
 
30.2   Kathleen Olmsted, 244 Idaho St., Ashland addressed the Council regarding a recent attack of her dog at Hawthorne Park.  Her dog was attacked by three pit bull dogs.  Her dog was on a leash and the attack was unprovoked.  She is requesting the Council consider code amendments that control dogs within the City, perhaps a muzzle requirement for dangerous dogs or neuter or spaying of dangerous dogs.
 
** Item taken out of order **
 
80.1   Ward 1 Council Vacancy
Council President Dick Gordon provided a report on the process undertaken for interviewing applicants for the vacancy.  There are two candidates: Tim Jackle and Philip Iantosca.  He suggested the Council discuss the candidates and then proceed into balloting.
 
Councilmember Gordon noted that Mr. Jackle’s employer, Foster Denman, is his personnel attorney but that this would not affect his vote.
 
         Roll Call:
         Blair:  Iantosca
         Bunn:  Jackle
         Gordon: Jackle
         Matthews:  Jackle
         Michaels: Jackle
         Strosser:  Jackle
 
         Results:  Tim Jackle received five votes; Philip Iantosca received one vote.
 
         Tim Jackle was appointed as Ward 1 Councilmember with a term ending December 31, 2014.
 
40.     Consent calendar
 
50.     Items removed from consent calendar
 
60.     Ordinances and resolutions
60.1   COUNCIL BILL 2013-140  An ordinance approving a cash payment to Southwest Medford, LLC, of excess Street System Development Charge credits in the amount of $126,618.44 for dedication of right-of-way for Spring Meadows Subdivision, Phase 1B.
 
Motion:  Adopt the ordinance approving a cash payment to Southwest Medford, LLC.
Moved by:  John Michaels                        Seconded by:  Bob Strosser
Roll Call:  Councilmembers John Michaels, Bob Strosser, Karen Blair, Daniel Bunn, Dick Gordon and Eli Matthews voting yes.
Ordinance 2013-140 was duly adopted.
 
60.2   COUNCIL BILL 2013-141  An ordinance authorizing an exception to the Medford Code to allow Hungry Goats 4 Hire to use goats for vegetation control along the Bear Creek Greenway.
 
Motion:  Adopt the ordinance authorizing an exception to the Medford Code to allow Hungry Goats 4 Hire to use goats for vegetation control along the Bear Creek Greenway section A.
Moved by:  John Michaels                        Seconded by:  Eli Matthews
 
Councilmember Gordon questioned where the goats would be used due to conflicting information in the Agenda Item Commentary.  Brian Sjothun, Parks & Recreation Director addressed the Council and provided a map that detailed Section A of the greenway that is proposed to be cleared by the goats as part of an educational process by Cascade Christian High School.  Councilmember Blair questioned what additional work is planned to keep the blackberries from coming back and Mr. Sjothun noted that Cascade Christian would be managing the project.
 
Roll Call:  Councilmembers John Michaels, Eli Matthews, Karen Blair, Bob Strosser, Dick Gordon and Daniel Bunn voting yes.
Ordinance 2013-141 was duly adopted.
 
* Councilmember John Michaels left the meeting.
 
Mr. Swanson noted that staff is looking at business license code amendment to allow for this use within the City.
 
60.3   COUNCIL BILL 2013-142  A resolution authorizing the City Manager to add one (1) additional Development Services Support Technician position in Public Works Engineering Department.

Motion:  Adopt the resolution authorizing the City Manager to add one additional Development Services Support Technician position.
Moved by:  Daniel Bunn                           Seconded by:  Bob Strosser
Roll Call:  Councilmembers Daniel Bunn, Bob Strosser, Karen Blair, Dick Gordon and Eli Matthews voting yes.
Resolution 2013-142 was duly adopted.
 
60.4   COUNCIL BILL 2013-143  An ordinance authorizing execution of an Agreement between the City of Medford and the International Association of Fire Fighters Local 1431 concerning wages, benefits, and other working conditions from July 1, 2013 through June 30, 2016.
 
Motion:  Adopt the ordinance authorizing an agreement with the International Association of Fire Fighters Local 1431 concerning wages, benefits, and other working conditions.
Moved by:  Bob Strosser                         Seconded by:  Daniel Bunn
 
Councilmembers discussed the negotiations and concerns regarding the contract.  Councilmembers Matthews and Blair both noted they would not support the motion as they felt that with the current economy it is not the right time to provide the additional benefits.
 
Roll Call:  Councilmembers Bob Strosser, Daniel Bunn and Dick Gordon voting yes. Councilmembers Eli Matthews and Karen Blair voting no.
Ordinance 2013-143 moved to a second reading.
 
70.     Public Hearing
70.1   Consider a request for a one-year extension to repair the unsafe sidewalk at 1828 Brookhurst Street.
 
Cory Crebbin, Public Works Director provided a staff report.  He noted that there is not a dispute regarding the need for the repair but that the property owner is requesting additional time to repair the work.  The Public Works director cannot authorize more than one 90 day extension.
 
Public hearing opened.
 
  1. Cathie and Clark Seeley, property owners addressed the Council and requested the extension to complete the full repairs.  They noted they would complete a temporary patch in the interim.
Public hearing closed.
 
Motion:  Approve a one year extension for repair to unsafe sidewalk at 1828 Brookhurst Street contingent upon the property owner completing a temporary patch to meet ADA requirements.
Moved by:  Bob Strosser                         Seconded by:  Daniel Bunn
Roll Call:  Councilmembers Bob Strosser, Daniel Bunn, Karen Blair, Dick Gordon and Eli Matthews voting yes.
         Motion carried and so ordered.
 
80.     Council Business
         *Taken out of order
 
90.     City Manager and other staff reports
90.1   Mr. Swanson addressed the Council regarding the change of ownership of the Cedar Links PUD. Police Chief Tim George addressed the Council and noted that a summary memorandum will be distributed to the Council.  There have been some calls to the property but the new owner is responsible for maintaining the property until it is developed.  Councilmember Gordon expressed concern regarding the ponds that are not monitored and are a safety hazard of drowning as well as vector issues.
 
90.2   Mr. Swanson noted at next Council meeting the FORE (4-H, extension) will be before Council as the process has changed given that the County Commissioners are initiating the ballot issue. 
 
90.3   Mr. Swanson noted that Jackson County has requested Council consideration of a resolution for inclusion of the City in a Library District formation.  This will be before the Council at the next meeting.
 
90.4   Mr. Swanson noted that a summary of the special legislative session has been received from Cindy Robert.  He noted that the PERS reforms that were adopted will likely not be seen until the 2017 budget year.  However, these changes are being reviewed judicially.
 
90.5   Mr. Swanson announced the upcoming Fire Station #4 open house and the Jackson Elementary School - Walk to School Day.
 
100.   Propositions and remarks from the Mayor and Councilmembers
100.1 Proclamations issued:
               Community Planning Month, October 2013
               Fire Prevention Week, October 6-12, 2013
 
100.2 Further Council committee reports.
a.   Councilmember Strosser reported on the Water Commission meeting.  He displayed a chart showing the Water Commission fees for water to outside cities and the remaining amount charged by each of those cities.  He noted that the individual cities would need to address how they utilize the portion of the fees not related to water from the Water Commission.

b.   Councilmember Strosser reported on the Traffic Coordinating Committee meeting and review of four requests.
 
c.  Councilmember Blair noted that there are two pieces of artwork on display in Chambers. These were done in conjunction with the mural artist who assisted students in creating the pieces.
 
100.3 Further remarks from Mayor and Councilmembers.
a.      Councilmember Matthews noted he will be out until October 19th
 
101.   Adjournment to the evening session
         The meeting adjourned to the evening session at 1:25 p.m.
 
****************************************************************
 
EVENING SESSION
 
Swearing In of New Ward 1 Councilmember
Tim Jackle was sworn in as Ward 1 Councilmember.
 
The meeting was called to order at 7:00 p.m. in Council Chambers, 411 W. 8th Street, Medford with the following members and staff present.
 
Mayor Gary Wheeler; Councilmembers Dick Gordon, Karen Blair, Daniel Bunn, Bob Strosser, Tim Jackle, John Michaels and Chris Corcoran.
 
Councilmember Eli Matthews was absent.
 
City Manager Eric Swanson; Deputy City Manager Bill Hoke; Senior Assistant City Attorney Kevin McConnell; City Recorder Glenda Wilson.
 
110.   Oral requests and communications from the audience
110.1       Bruce Haugen, Past President of the Rogue Valley Senior Softball Assoc., addressed the Council regarding the proposal to build the extra fields at U.S. Cellular Community Park.  He is in support of the completion of the fields.

 
120.   Public hearings
120.1    CONTINUED FROM SEPTEMBER 19, 2013
COUNCIL BILL 2013-137  An ordinance amending Sections 8.751, 8.752, and 8.755 of the Medford Code pertaining to the car rental tax. (Legislative)
 
Parks & Recreation Director Brian Sjothun addressed the Council and provided a staff report for Agenda Items 120.1 and 120.2.   He presented additional information as requested by the Council at the September 19th meeting.  He noted the project cost is $6,155,000 with annual debt service at $483,500.  He noted that for the Park Utility Fee, a total of 36,100 units was the base for calculations.  Four revised funding rate options were presented for two scenarios – airport rentals only or city-wide rentals.  The truck rental and service rentals were removed from the proposal.  He noted that the Budget Committee, Parks & Recreation Committee and the Chamber are recommending city-wide application of the rate at 6% which would necessitate a $.68 Parks Utility Fee.
 
Councilmember Blair questioned the grounds for the current 5% car rental tax at the airport and Mr. Sjothun noted that was a Council decision to fund development of U.S. Cellular Community Park.  It was based on the anticipated increase in rentals and transient lodging tax revenue that the visitors to the facility would be bringing in.
 
Councilmember Bunn questioned the administrative effort to track specific rentals only and Mr. Sjothun noted that for administrative collection efforts it would be easier to only tax the airport rentals.
 
Public hearing opened.
 
  1. Eric Wood, Enterprise Rent-A-Car, 10340 SW Hiowa St., Tualatin addressed the Council and spoke to the proposals.  He noted that an increase is not desirable but they do support the development of the Park.  He noted they would prefer to have the tax at the airport only.
  1. Bruce Haugen, 220 Holiday Lane, Talent spoke in support of the increase the tax at the airport.  The completion of the fields at USCCP will be a plus for Medford.

 Councilmember Michaels requested clarification of the parking facilities at Harry & David field as this was discussed at the last meeting as part of this agenda item.  Mr. Sjothun addressed the Council and provided the history of the development of Harry & David field.  He noted that the Medford Rogues assumed the previous lease from Medford Youth Baseball Society and that per the lease they are responsible for developing the facilities, including the parking lot.  Councilmember Corcoran questioned if the new fields would make more parking issues and Mr. Sjothun noted that along with the new fields would be 200 additional parking spaces.  He also noted that for large events, the City has an agreement with Harry & David to utilize their parking lots across the street from the park.
 
Councilmember Gordon questioned what would be left to finish the park and Mr. Sjothun noted that the proposed pedestrian bridge to link both sides of the park was not included in this phase as staff is reviewing other options to reduce the cost of the bridge. Additional the activity pavilion area is being reviewed and may be relocated to Fictner-Mainwaring Park.  This would alleviate an issue with the splash area at Fictner-Mainwaring as the volleyball courts sand is tracked into the splash pad area causing maintenance issues.  It is being reviewed to move the volleyball courts to U.S. Cellular Community Park and establish the activity pavilion at Fictner-Mainwaring.
 
Public hearing closed.
 
Motion:  Continue Agenda Item 120.1 and 120.2 until after Agenda Item 120.3 is addressed this evening.
Moved by:  Chris Corcoran                       Seconded by:  Dick Gordon
 
Councilmember Corcoran spoke to his motion and that public safety is the highest priority and should be addressed first.
 
  
Roll Call:  Councilmembers Chris Corcoran, Dick Gordon, Karen Blair, Daniel Bunn, Tim Jackle, John Michaels and Bob Strosser voting yes.
Motion carried and so ordered.
 
120.2    CONTINUED FROM SEPTEMBER 19, 2013
COUNCIL BILL 2013-138  An ordinance amending Section 4.1011 of the Medford Code pertaining to the park utility fee. (Legislative)
 
120.3    COUNCIL BILL 2013-144 An ordinance amending Section 4.1111 of the Medford Code pertaining to the public safety fee. (Legislative)
 
Police Chief Tim George addressed the Council and provided a staff report.  He noted that this action would amend the Medford Code for the purpose of increasing the Public Safety Fee.  The increased fee would fund the payments on a $32.0 million bond, which would be used to build a Police Headquarters, relocate Fire Station #2, rebuild Fire Stations #3 and #5 and pay for the cost of issuance.  All these projects had been discussed in previous study sessions and the need for each was discussed in depth at the September 12th Council study session. 
 
Chief George noted that the Police headquarters has been in City Hall since 1967.  Medford has grown and so had the Police force.  He reported that lack of adequate space has led to issues of co-mingled public areas.  City Hall is a multi-use facility and this creates a substantial risk to the safety of all current City Hall users, including the public.  P8ublic and secure space is mixed with civilian employees, creating exposure to safety risks in the current location. Secured police space is inadequate causing as ever lack of operational space for report writing, interview rooms, locker rooms, storage and secured police parking.  Additionally, the City Hall building does not meet essential service standards and would not be functional in a significant seismic event.  He noted that Jeff Humphries from Group McKenzie is in attendance and available to answer questions.
 
Interim Fire Chief Gordon Sletmoe addressed the Council regarding the needs for the Fire Stations.  He noted that Fire Stations #2, #3 and #4 were built over 45 years ago.  The facilities have served the citizens of Medford well but they are in need of complete rebuilding.  Modern fire trucks do not fit in the garages, the buildings do not meet seismic requirements of first responders and we are unable to segregate contaminants from emergency responders as required by health and safety requirements.  Additionally, the buildings do not meet current fire and building codes; they do not meet essential service standards and would not be functional in a significant seismic event.
 
Alison Chan, Finance Director addressed the Council and reviewed the method for the fee increase.   She reviewed the preferred financing option based on the full faith and credit of the City.  She noted that this would be lower cost to the community as a police utility fee versus as a property tax and tax-exempt entities have to pay utility fees.
 
Councilmembers discussed the financing options.
 
Councilmember Gordon noted that he had reviewed the study session audio and was up to speed on the issue.  He requested clarification of how the fee would be calculated.  Ms. Chan explained how the “per unit” calculation was achieved.
 
Councilmember Blair questioned the issue being brought forward as a referendum.  Senior City Attorney McConnell noted that it could be addressed through the referendum process as outlined in the Secretary of States referendum guide.
 
Councilmember Gordon questioned how the anticipated increases in the street, storm and sewer utility fees would affect the overall utility bill.  Ms. Chan noted that historically these items were implemented in March but that this is currently being reviewed by staff to determine if these fees need to be increased this year.  There may be additional revenues available that would allow for these to be delayed.
 
Councilmember Corcoran questioned why the Police Facility project could not be scaled down and Jeffrey Humphries from Group McKenzie responded.  Mr. Humphries noted that public safety facilities require a higher level of structure than standard commercial/office buildings.  These facilities must be built to remain operational during seismic events and that requires additional construction and cost.  He noted that if the facility was built to meet minimal requirements now, the cost to expand the structure later would be more expensive.
 
Councilmember Gordon questioned the next steps if this item is approved and Mr. Swanson noted that if the Council approves then it is anticipated to sell bonds in December.  Design work would begin and it will take approximately 2-3 years to get the facility constructed.
 
Councilmember Jackle noted he had reviewed the study session minutes and been briefed by the staff on this issue.  He stated he was comfortable with voting on the item.
 
Mayor called a 10 minute recess
 
****************************************
Meeting reconvened with same persons present.
 
Alison Chan spoke to bond payment structure would be no issue as backed with full faith and credit.
 
Public hearing opened.

1.  Maureen Swift, Co-Chair of the Policy Advisory Committee addressed the Council and spoke to the need for our public safety to be prepared for a major disaster.  She spoke in support of the recommendation to fund these projects as the main role of government is to provide Police and Fire services.  She spoke to the need for the Council to represent all segments of the community and their need for these services.  She spoke to the high level of ethics of the Police employees and that they would not bring forward any request that was not thoroughly vetted.  

2.  Bill Mansfield, 3306 Edgewater, Medford  addressed the Council in support of the proposal and the development of a new police facility.  He spoke to his trust of the Council in making this decision. 


3.  Gary Duvall, 1196 Kelly, Medford addressed the Council in support of the funding for the development of a new police facility.  He spoke to the difficulty in providing adequate education to the public to garner support given the detail and study this issue has undergone. 

4.  Ron Norris, 1975 Bianca Court, Medford addressed the Council in support of the funding for the development of a new police facility.  He spoke to the need to finally address this issue as the department was suffering crowded conditions when he was first employed in 1978. 

5.  Jim Whittington, 649 Spring Valley Dr., Medford spoke to the Council regarding his interactions with local public safety and that he has not found any city of our size that does not have a police facility.  He spoke to the potential need for our public safety providers in the event of a major disaster.  He encouraged the Council to support this proposal. 
 

6.  Randy Schoen, 4700 Glen Echo, Central Point addressed the Council and encouraged their support of the recommendation to develop a police facility.  He spoke to the need to ensure continuity of government during a critical event.  

7.  Roberta Thorton, 649 Spring Valley Dr., spoke in support of the funding proposal.  She spoke to the level of research and analysis that has been undertaken to bring this proposal forward. She spoke to the current lending environment and that rates are not likely to cost less in the future.  She noted she would be opposed to putting this to the voters as this is too risky and that the Council has been elected with the public trust to make decisions. 

8.  Beverly Layer, 2341 Gene Cameron Way, Medford addressed the Council regarding the proposal.  She noted she understands the needs of the departments.  She requested that the Council make a policy to address these kinds of decisions regarding public safety needs not be made at a crisis moment. 

9.  Rick Parsagian, 513 Keene Drive, Medford addressed the Council and spoke to the departments that keep us safe and put their lives on the line each day deserves a facility that is appropriate to assist them in providing the services.Public hearing closed.
 
Motion: Approve the ordinance amending Chapter 4 of the Medford Code for the purpose of increasing the Public Safety Fee.
Moved by:  John Michaels                        Seconded by:  Bob Strosser
 
Councilmembers spoke in support of the motion and the need for the elected body to make decisions that are in the best interest of the community. 
 
Roll Call:  Councilmembers John Michaels, Bob Strosser, Daniel Bunn, Tim Jackle, Dick Gordon, Chris Corcoran and Karen Blair voting yes.
Ordinance 2013-144 was duly approved.
 
120.1    Continued
Councilmember Gordon spoke to the importance of completing U.S. Cellular Community Park, but has a timing issue given the unknown needs to address street, storm and sewer infrastructure and he felt that infrastructure maintenance funding needs should be addressed.  He spoke to the actions of the Budget Committee in removing funds from the Public Works budget based on the proposal to adjust the utility fees. 
 
Councilmember Michaels noted he would support increase in the car rental tax at the airport only or city wide with no Parks Utility Fee increase.  Councilmember Strosser questioned the impact on the development of the fields if there is no Parks Utility Fee.  Mr. Sjothun noted that the development would occur when funds available but without the Parks Utility Fee it would be at a much slower rate. 
 
Councilmembers discussed the options presented.
 
Motion:  Move forward with Phase 4 with no increase in the Parks Utility Fee.
Moved by:  Dick Gordon              Seconded by:  Chris Corcoran
 
Councilmember Gordon spoke to his motion as a method to determine Council desire regarding implementation of the car rental tax.  Councilmember Gordon noted he did not want to see an increase in the Parks Utility Fee. 
 
Senior Assistant City Attorney McConnell addressed the motion and noticed agenda item.
 
Amend motion:  Amend the motion to increase the car rental tax to 12.5% at the airport only.
Moved by:  John Michaels                        Seconded by:  Bob Strosser
 
Amendment Roll Call:  Councilmembers John Michaels, Bob Strosser, Karen Blair, Daniel Bunn, Chris Corcoran, Tim Jackle and Dick Gordon voting yes.
Motion carried and so ordered.
 
Roll Call:  Councilmembers Dick Gordon, Chris Corcoran, Tim Jackle, Karen Blair, Daniel Bunn, Bob Strosser and John Michaels voting yes.
Ordinance 2013-137 was duly adopted.
 
Motion:  Extend the meeting till 10:20 p.m.
Moved by:  Bob Strosser             Seconded by:  Daniel Bunn
Roll Call:  Councilmembers Bob Strosser, Daniel Bunn, Karen Blair, Tim Jackle, John Michaels and Dick Gordon voting yes.  Councilmember Chris Corcoran voting no.
Motion carried and so ordered.
 
 
120.2    Continued
Pursuant to the action taken on 120.1 this agenda item was withdrawn by staff.
 
130.   Ordinances and resolutions
130.1    COUNCIL BILL 2013-145  A resolution of the City of Medford, Oregon, declaring the intent to reimburse expenditures from the proceeds of revenue bonds or other debt; and related matters.
        
Motion:  Approve the resolution declaring the intent to reimburse expenditures from the proceeds of revenue bonds or other debt; and related matters.
Moved by:  Chris Corcoran                       Seconded by:  John Michaels
Roll Call:  Councilmembers Chris Corcoran, John Michaels, Bob Strosser, Karen Blair, Dick Gordon, Daniel Bunn and Tim Jackle.
Resolution 2013-145 was duly approved.
 
140.   Council Business
140.1    Council President Gordon addressed the Council and requested discussion regarding the process utilized for the Boards and Commission applicant interviews.  He suggested a revised hybrid process whereby the Council would interview all applicants during the annual application process and the Board/Commission Chair and Council liaisons would interview for interim vacancies.  Councilmembers discussed the topic and Council President Gordon stated he would work with staff to address the issue.
 
150.   Further reports from the City Manager and staff
150.1    Mr. Swanson noted that the meeting schedule has been updated and that Medford Urban Renewal Agency Board meetings will be regularly scheduled for 6:00 p.m. on the 3rd Thursday each month.  He also reminded Council that there will be no study session on October 10th.
 
160.   Propositions and remarks from the Mayor and Councilmembers
160.1    Further Council committee reports.
                    
160.2    Further remarks from Mayor and Councilmembers.
a.   Councilmember Michaels noted he would like to see the artwork from the Santo Community Center youth project hung in Council Chambers.  Councilmember Blair noted she would like to see them displayed as well.
 
b.   Mayor Wheeler noted that he had attended the Multicultural Fair and it was a good event, well organized with a good attendance.
 
170.   Adjournment
         There being no further business, the meeting adjourned at 10:18 p.m.
 
The proceedings of the City Council meeting were recorded and are filed in the City Recorder's office. The complete agenda of this meeting is filed in the City Recorder's office.
 
 
 
 
Glenda Wilson
City Recorder
 

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