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Agenda & Minutes

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City Council Meeting Agenda & Minutes

Minutes
Thursday, June 18, 2020

MINUTES
June 18, 2020

6:00 P.M.
Medford City Hall, Council Chambers
411 W. 8th Street, Medford, Oregon
 
 The regular meeting of the Medford City Council was called to order at 6:00 p.m. in the Medford City Hall Council Chambers on the above date with the following members and staff present:
 
Mayor Gary Wheeler; Councilmembers Clay Bearnson, Kay Brooks, Tim D’Alessandro, Dick Gordon, Alex Poythress, Eric Stark, Kevin Stine, Michael Zarosinski* (*Arrived as noted)
 
City Manager Brian Sjothun; City Attorney Rick Whitlock; City Recorder Karen Spoonts
 
20.  Recognitions, Community Group Reports
         20.1     Employee Recognitions
                     The following were recognized in their retirement: Tamara Camp, Police Department (not in attendance), and Chuck Berry, Fire Department. Berry was also recognized for his years of service.
 
*Michael Zarosinski arrived.
 
         20.2    Employee of the Quarter
                     Eric Mitton, Deputy City Attorney, was recognized as Employee of the Quarter.
 
         20.3    Employee of the Year
                     Tanner Farrington, Deputy Fire Marshall III, was recognized as Employee of the Year.
        
30.  Oral Requests and Communications from the Audience
Mayor Wheeler read a joint statement from all of Council pertaining to citizens of color.
 
30.1     Bob Shand, Medford, questioned the lack of public participation on meetings recently held, such as G3 meetings, and study sessions for items on the agenda tonight. Council discussed allowing the public to speak on issues that are on the agenda, under Oral Requests, except for public hearing items, which need to be addressed at that time.
 
30.2    Trish Castillo, Medford, stated that Chris Luz, Mayor of Phoenix, should be held accountable for his crime to citizens during a protest period.
 
30.3    Clarence Carr, Medford, spoke about escaping from the gang life in California and requested Council address bias regarding the black community.
30.4    Steven Essig, Medford, spoke regarding a police request for additional monies in the upcoming budget due to increased crime. He also stated that social workers, vs. Police, should be working under the Livability Team umbrella.
 
                     30.5    Regan Foster, Medford, spoke about racism comments at Phoenix and Talent Council meetings and requested Medford address the issue as they did.
 
                     30.6    Melissa Frazier, Medford, thought the District Attorney’s office and Medford City Council could be the same entity. She thought there needs to be a reconnect.
 
                     30.7    Sarah Abehase, Talent, spoke about accountability for people in power.
                    
40.  Approval or Correction of the Minutes of the June 4, 2020 Regular Meeting
         There being no additions or corrections, the minutes were approved as corrected.
 
50.  Consent Calendar
         50.1     COUNCIL BILL 2020-72
A resolution canvassing the returns of the Primary Election on May 19, 2020 and declaring the election results on Ballot Measure 15-187, amending the City Charter to require “transient lodging intermediaries” to collect the Transient Lodging Tax, and Ballot Measure 15-188, amending the City Charter to increase the Transient Lodging Tax from 9 percent to 11 percent.
 
         50.2    COUNCIL BILL 2020-73
An ordinance ratifying execution of a Settlement Agreement resolving the attorney fee award in the Bova v. City of Medford, et al. litigation.
 
         50.3    COUNCIL BILL 2020-74
                     An ordinance approving the amendment of the 2019 telecommunications Intergovernmental Agreement (IGA) for Fire and EMS dispatch services with Emergency Communications of Southern Oregon (ECSO) in the amount of $697,196.99.
 
         50.4    COUNCIL BILL 2020-75
                     An ordinance authorizing Amendment of the 2019 telecommunications Intergovernmental Agreement (IGA) for Police dispatch services with Emergency Communications of Southern Oregon (ESCO) in the amount of $1,441,482.79.  
 
         50.5    COUNCIL BILL 2020-76
                     An ordinance authorizing the execution of a funding agreement with ColumbiaCare to receive a 2019/2020 award from the City’s Housing Opportunity Fund (HOF).

 
 
         50.7    COUNCIL BILL 2020-78
A resolution certifying the City of Medford is eligible to receive state shared revenues and elects to receive state shared revenues for fiscal year 2020-2021.
 
Motion:  Adopt consent calendar with item 50.6 removed.
Moved by:  Kevin Stine                                                   Seconded by:  Alex Poythress
Roll call: Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.  Council Bills approved: #2020-72, 2020-73, 2020-74, 2020-75, 2020-76, 2020-78.
 
60.  Items Removed from Consent Calendar
         Councilmember Gordon requested 50.6 be pulled as he had a question regarding the attached form and he wished to address comments made to him at a study session.
        
         50.6    COUNCIL BILL 2020-77
An ordinance setting the annual ad valorem property tax levy of the City of Medford for fiscal year 2020-2021.
 
Motion:  Approve the ordinance.
Moved by:  Dick Gordon                                                Seconded by:  Kevin Stine
Roll call: Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Ordinance #2020-77 was duly adopted.
 
70.  Ordinances and Resolutions
       70.1     COUNCIL BILL 2020-79
An ordinance authorizing execution of Amendment No. 3 to the Hope Village Operational Agreement.
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                                   Seconded by:  Kay Brooks
 
Council discussed the benefit of Hope Village; Councilmember Bearnson spoke about a person who did not pass a drug test and was not able to stay at their facility.
 
Roll call: Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Ordinance #2020-79 was duly adopted.
 
         70.2    COUNCIL BILL 2020-80
                     An ordinance amending sections 8.802, 8.803, and 8.815 of the Medford Municipal Code related to the transient lodging tax.
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                                   Seconded by:  Alex Poythress
 
Councilmember Gordon questioned the amounts of transient lodging tax deposited into different funds; DCM/CFO Martin noted the allocation for the 2% tax increase approved by voters will be 75% going to the sports complex. Councilmember Gordon noted the ordinance referenced the rental car tax being expanded city wide and asked if Council should take action on that before voting on the TLT. He also asked about the other sports complex revenue generating matters on the agenda. City Attorney Whitlock stated the other matters were referenced in this ordinance to explain all of the new funding sources for the sports complex bonds. Whitlock advised item 70.3 is only a decision to initiate the bond process and that staff will ask for additional time to provide solid legal advice regarding 80.6, expansion of the rental car tax, which will be back on the agenda for the second meeting in July.  
 
Roll call: Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Ordinance #2020-80 was duly adopted.
 
         70.3    COUNCIL BILL 2020-81
A resolution authorizing the issuance, sale, execution, and delivery of limited tax revenue and refunding bonds in one or more series, in an aggregate principal amount of up to $60,000,000 for the purpose of financing all or a portion of a sports and event complex and an amount sufficient for the purpose of refunding all or a portion of certain outstanding obligations of the City and paying costs of issuance of the bonds relating to financing the sports and events complex and refunding certain outstanding obligations; authorizing a pledge of the full faith and credit of the City; authorizing the execution and delivery of financing, legal and disclosure documents; designating authorized representatives and delegating authority; providing for publication of notice; and related matters.
 
Martin stated this would be a 3.85% interest rate, refunds 2017 refunding bonds, and allows the City to be reimbursed for expenses incurred on the project from the date the resolution is approved to the date of debt issuance. Martin stated this would be brought back to Council within the first month after today. We are working on the official statement, then due diligence. Whitlock stated if Council decides not to implement the car rental tax that would be a cue to staff to determine whether bond issuance should proceed. He also said that Council could inform staff during a Council meeting if Council has any concerns about going forward with bond issuance. Councilmember Stark questioned if we will need the information on 80.6 for this resolution. City Manager Sjothun questioned if this item could be continued to July 16.

 
 
Motion:  Continue Council Bill 2020-81 to July 16.
Moved by:  Kay Brooks                                                  Seconded by:  Tim D’Alessandro
Roll call: Bearnson, Brooks, and Gordon voting yes; D’Alessandro, Poythress, Stark, Stine, and Zarosinski voting no.
Motion failed.
 
Councilmember Zarosinski questioned the 60 million; Martin stated that is the maximum amount and if all money is not used, it can be used for projects related to the sports park that are tax exempt. Martin noted we would need to find a different funding source if 80.6 is not approved. He is not sure we can pay down our 60 million debt if we don’t use all of the bond proceeds for the complex.
 
Motion:  Approve Council Bill 2020-81
Moved by: Kevin Stine                                                    Seconded by:  Tim D’Alessandro
 
Councilmember Gordon stated he is against the events center. He would be supportive of allowing the citizens to vote on this. Councilmember Zarosinski stated when he first went to Salem and discussed a convention center, we were told that we would not do well with a convention center but we would have success with a sports center.
 
Roll call: Bearnson, Brooks, D’Alessandro, Poythress, Stark, Stine, and Zarosinski voting yes; Gordon voting no.
Motion carried and so ordered.
 
**********
 
Mayor Wheeler called a recess at 7:49 p.m.; the meeting resumed at 7:59 p.m. with the same members present.
 
**********
 
80.  Public Hearings
         80.1     COUNCIL BILL 2020-63 – CONTINUED FROM MAY 21, 2020
                     An ordinance amending sections 10.012, 10.185, 10.421, 10.482, 10.924, and 10.925 of the Medford Municipal Code, and adding section 10.503, pertaining to Shared-Use Paths. (DCA-18-112)
 
                     Planning Director Matt Brinkley requested another continuance and stated the question who will maintain the shared-use paths is more complicated than he thought, hence the need to continue the item.
 
Public hearing opened.
No one spoke.
Public hearing closed.
 
Motion:  Continue Council Bill 2020-63 to August 20, 2020.
Moved by:  Kevin Stine                                                   Seconded by:  Alex Poythress
Roll call: Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
80.2    COUNCIL BILL 2020-82
                     An ordinance amending sections 9.560, 9.561, 10.732, and 10.839 of the Medford Municipal Code pertaining to electrified fences. (DCA-19-010)                                                                                                                                       
 
                     Brinkley stated the applicant wished to continue this item to July 2.
 
Public hearing opened.
No one spoke.
Public hearing will be left open.
 
Motion:  Continue Council Bill 2020-82 to July 2.
Moved by:  Kevin Stine                                                   Seconded by:  Dick Gordon
Roll call: Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
80.3    COUNCIL BILL 2020-83
A resolution authorizing the City of Medford CARES Act Amendment to the Program Year 2019 Action Plan to use Community Development Block Grant (CDBG-CV) funds to prevent, prepare for, and respond to the Coronavirus pandemic.
 
Planner Angela Durant provided information on where the proposed funding allocations would go. Commissioner D’Alessandro questioned how residence income is determined; Durant stated a person could present their income through various avenues, the funds come from HUD, and we must comply with those regulations. She will be working with St. Vincent de Paul next week to make sure they are ready. Community Works is easier as income is not a factor.
 
Public hearing opened.
No one spoke.
Public hearing closed.
 
Motion:  Approve the resolution and amend the plan to adopt the City of Medford CARES Act Amendment to the Program Year 2019 Action Plan by expanding the households that are eligible to receive emergency rental assistance to at or below 80% of the Area Median income.
Moved by:  Kay Brooks                                                  Seconded by:  Kevin Stine 
Roll call: Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Resolution #2020-83 was duly adopted.
 
Out of sequence
 
80.6    COUNCIL BILL 2020-86
                     An ordinance amending sections 8.751, 8.752, and 8.755 of the Medford Municipal Code related to car rental taxes.
 
Martin stated the car rental tax is expanded to include all passenger and vehicles used to transport property rented within City limits.
 
Public hearing opened.
Mike Monaghan, General Manager of Medford U-Haul, spoke about vehicles used to transport property. U-Haul deals almost exclusively with community residents and requested this be moved from consideration.
Public hearing closed.
 
Whitlock noted we received two emails today on this topic and Legal staff has not had adequate time to research. He requested this item be moved to the July 16 meeting. Legal will provide a confidential memo before the meeting and Council can hold an Executive Session to discuss the memo. From the Legal Department’s perspective, the public hearing should be closed.
 
Motion:  Continue 2020-86 to the July 16 meeting.
Moved by:  Tim D’Alessandro                                        Seconded by:  Kay Brooks
Roll call: Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
Back in sequence.
 
80.4    COUNCIL BILL 2020-84
A resolution adopting the sixth Supplemental Budget for the 2019-21 biennium resulting in a $4,092,364 increase in appropriations for the 2019-21 biennium.
 
Martin presented the staff report.
 
Public hearing opened.
No one spoke.
Public hearing closed.
 
Motion:  Approve the resolution.
Moved by:  Kay Brooks                                                  Seconded by: Tim D’Alessandro
 
Councilmember Gordon questioned the litigation pertaining to WRD and if Council needed to be updated; Mitton stated this has been discussed with Council.
 
Roll call: Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Resolution #2020-84 was duly adopted.
 
80.5    COUNCIL BILL 2020-85
An ordinance amending sections 4.718, 4.1001, 4.1009, 4.1011 and 4.1019 of the Medford Municipal Code related to Storm Drain and Parks utility fees.
 
Accounting Supervisor Lorraine Peterson presented the staff report. Staff is proposing to increase the Parks Utility fee by $2.40 per unit and a Storm Drain Fee reduction by $2.40 per ERU. Rate changes would become effective July 15, 2020. Multi-family impacts may increase or decrease as the Parks fee is based on a unit where the storm drain area is based on impervious area. The Parks Utility fee has not been raised since 2007.
 
Public hearing opened.
No one spoke.
Public hearing closed.
 
Motion:  Approve the ordinance.
Moved by:  Kevin Stine                                                   Seconded by:  Alex Poythress 
 
Amended Motion:  Direct staff to provide an analysis of the Storm Drain fees for the next biennial budget process.
Moved by:  Alex Poythress                                            Seconded by:  Kay Brooks
Roll call: Bearnson, D’Alessandro, Poythress, Stark, Stine, and Zarosinski voting yes; Brooks and Gordon abstained.
Motion carried and so ordered.
 
Main Motion Roll call: Bearnson, D’Alessandro, Poythress, Stark, Stine, and Zarosinski voting yes; Brooks and Gordon abstained.
Ordinance #2020-85 was duly adopted.
 
90.  Council Business
       90.1     Proclamations issued:
                           Juneteenth Celebration Day – June 18, 2020
 
         90.2    Committee Reports and Communications
                     a.   Council Officers Update
  • 2020-21 Oregon Legislative Agenda liaisons are: Stine and Zarosinski; alternates are D’Alessandro and Bearnson. Plan will be presented for Council approval; meeting with candidates and state offices
  • Council Bill 2020-82 will be continued
  • An exclusion zone ticket has a $3,000 bail amount
 
Motion:  Direct staff to work with Judge Haberlach to look into $3,000 bail amounts inserted on tickets people are receiving.
Moved by:  Kevin Stine                                                   Seconded by:  Kay Brooks
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
Councilmember Bearnson would like an update on the Exclusion Zone.
 
  • City Attorney position            
 
Motion:  Direct staff to bring back a review of the City Attorney position reporting to Mayor/Council.
Moved by:  Kevin Stine                                                   Seconded by:  Kay Brooks
 
Councilmember Stine stated he is not looking for staff recommendations, only Legal advice. He would also like to know how supervision would play out if Mayor/Council is paid vs. unpaid. Whitlock would like to contact other cities to see how the system actually works and the pros and cons.
 
Roll call:  Bearnson, Brooks, D’Alessandro, Gordon, Poythress, Stark, Stine, and Zarosinski voting yes.
Motion carried and so ordered.
 
                     b.   Budget Committee Appointment
There is one partial-term vacancy on the City Budget Committee, with a term expiring January 31, 2023. Three applications were received for this Committee:  Tyler Jasper, Elysa Lumbreras (does not meet residency requirements), and James Hunter. Councilmember Stine noted they will also serve on the MURA Budget Committee.
 
Roll call for partial-term vacancy:
Bearnson, D’Alessandro, Gordon, Poythress and Stark voted for Hunter; Brooks, Stine and Zarosinski voted for Jasper.
 
Results:
Hunter received five votes; Jasper received three votes. Hunter was appointed to the Budget Committee with a partial term expiring January 31, 2023.
 
Councilmember Stine stated there are two more applicants for SPAC and hopes to appoint at the next meeting.
 
100. City Manager and Staff Reports
         100.1  Councilmember Zarosinski stated he is really not interested in going over the bond amount on what we have identified will be needed.
              
100.2  Councilmember Bearnson thought there were good ideas presented by the public pertaining to possible Ad Hoc committees. There is bias in the Police Department and he hopes that the Police Chief is taking seriously any complaints received. He thought perhaps the Multi-Cultural Committee could be involved in this. Councilmember Zarosinski stated Chief Clauson has many great thoughts to share regarding statistics. Councilmember Brooks questioned if a complaint has been filed on Chris Luz; staff noted it has. Sjothun appreciated those who came to speak tonight and thought the Multi-Cultural Commission would be a great commission to review these concerns.
 
110. Adjournment
         There being no further business, this Council meeting adjourned at 9:20 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.
 
 
 
 
Karen M. Spoonts, MMC
City Recorder
 
 
 

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