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Home My WebLink About2022-08-01 Study SessionCITY OF -ASH LAN D CITY COUNCIL STUDY SESSION Monday, August 1, 2022 HELD HYBRID - Council and some City Staff will be live in the Council Chambers, 1175 E. Main Street. Citizens and presenters will be joining via zoom View on Channel 9 or Channels 180 and 181 (for Charter Communications customers) or live stream via rvtv.sou.edu select RVTV Prime. Written and oral testimony will be accepted for public input. For written testimony, email public-testimonyn.ashland.or.us using the subject line: Ashland City Council Public Testimony. For oral testimony, fill out a Speaker Request Form at ashland.or.us/speakerrecluest and return to the City Recorder. The deadline for submitting written testimony or speaker request forms will be on Monday, July 31st at 10 a.m. and must comply with Council Rules to be accepted. 5:30 p.m. 1. Public Input (15 minutes, maximum) 2. Rogue Retreat Pallet Houses Funding Review 3. Commemorative & Ceremonial Flags at City Facilities 4. Look Ahead 5. Adjournment In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ONLINE RVTV.SOU.EDU (SELECT CHANNEL RVTV PRIME), ON LOCAL CHANNEL 9, OR ON CHARTER CABLE CHANNEL 180 OR 181. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US. Council Study Session August 1, 2022 Agenda Item 1 2082 E. Main Shelter- Shelter Funding Breakdown and Timeline From I Linda Reid Housing Program Manager Contact Linda Reid, Housing Program Manager Email: Linda. reid ashiand.or.us Phone 541-552-2043 Item Type Requested by Council ® Update ® Request for Direction ❑ Presentation SUMMARY In 2020 the City of Ashland wrote a grant to provide non -congregate sheltering opportunities through the winter months. Prior to developing the grant application, City staff had met with several organizations regarding desire, capacity, and logistics of operating such a shelter. The City was awarded a $300,000 grant from the State of Oregon Emergency Shelter Grant Program. Of the $300.000 awarded, $95,000 was set aside for site preparation and the purchase of 10 pallet shelters and $200,000 was set aside for shelter operations and administrative costs. $5,000 was reserved for data collection. Operations, consisting mainly of staffing the emergency shelter in three shifts for 24 hours each day, were expected to cost between $34,000 and $40,000 per month of operation. Based on that assumed operating cost the City applied for enough operational funding to operate a shelter through the winter months, from November 2021 through March 2022, a period of 5 months. Rogue Retreat began operations of the Ashland Community Shelter in November 2021. In January 2022, Rogue Retreat submitted two applications for available City funding, Affordable Housing Trust funds, and Community Development Block Grant Coronavirus Aid and Relief funding, also known. as CARES act funding or CDBG-CV to provide funding for continued operations at the shelter beyond the initial 5-month period previously described. In April 2022 the City awarded Rogue Retreat $55,000 in Affordable Housing Trust Funds and $40,674 in CDBG CARES act funding. Revenues and expenditures are shown in detail in the attached profit and loss statement. The City was notified in mid -May that Rogue Retreat was running out of funding to continue operations at the shelter and was looking for assistance from the City to find ways to support ongoing operations. Several ideas were talked about, but ultimately Rogue Retreat decided that they needed to close the Ashland shelter to avoid incurring further costs. Rogue Retreat ceased operations at the Ashland Community Shelter on June 10t' 2022. POLICIES, PLANS & GOALS SUPPORTED Not Applicable PREVIOUS COUNCIL ACTION Not Applicable BACKGROUND AND ADDITIONAL INFORMATION See above Page 1 of 2 C I T Y O F -ASH LAN D FISCAL IMPACTS None ACTIONS, OPTIONS & POTENTIAL MOTIONS None REFERENCES & ATTACHMENTS 1. Ashland Shelter Spreadsheet 2. Ashland Letter April 19, 2022-City Council Meeting Minutes Page 2 of 2 CITY OF -ASH LAN D Accrual Basis Rogue Retreat Profit & Loss October 1, 2021 through June 27, 2022 Ashland Shelter 2021 (ESG-CV) (CITY OF ASHLAND) Ordinary Income/Expense Income Gross Profit Expense 6064 Automobile Expense 6061 Supportive Services Expense 6058 Office Supplies 6056 License/Dues/Subscript/Permits 6051 Furnishings 6048 Cleaning/Janitorial Services 6560 • Supplies 6550 • Construction 6518 • Utilities 6514 • Maintenance/Repairs 6047 • Food/Meals 6019 • Telephone and internet 6032 • Rent Personnel Expenses 6067 • Salaries/Wages 6065 • Pre -Employment Drug Screening 6066 • Employee Insurance Benefits 6098 • Payroll Taxes - Agency 6108 • Employee Background Checks Total Personnel Expenses Total Expense Net Ordinary Income Net Income 205,000.00 205,000.00 427.03 29.00 182.92 0.00 333.11 2,296.83 23, 980.62 3,005.96 4,612.54 3,987.69 2,436.21 266.26 8,750.00 141,594.69 45.00 0.00 13, 016.49 35.65 154,691.83 205,000.00 0.00 0.00 Page 1 of 4 Accrual Basis Rogue Retreat Profit & Loss October 1, 2021 through June 27, 2022 CDBG-CV Cares (CITY OF ASHLAND) Ordinary Income/Expense Income Gross Profit Expense 6064 Automobile Expense 6061 Supportive Services Expense 6058 Office Supplies 6056 License/Dues/SubscripVPermits 6051 Furnishings 6048 Cleaning/Janitorial Services 6560 Supplies 6550 Construction 6518 Utilities 6514 • Maintenance/Repairs 6047 • Food/Meals 6019 • Telephone and internet 6032 • Rent Personnel Expenses 6067 • Salaries/Wages 6065 • Pre -Employment Drug Screening 6066 Employee Insurance Benefits 6098 Payroll Taxes - Agency 6108 Employee Background Checks Total Personnel Expenses Total Expense Net Ordinary Income Net Income 40,674.00 40,674.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 37,487.14 0.00 0.00 3,186.86 0.00 40,674.00 40,674.00 1 11 0.00 Page 2 of 4 Accrual Basis Rogue Retreat Profit & Loss October 1, 2021 through June 27, 2022 Housing Trust Fund (CITY OF ASHLAND) Ordinary Income/Expense Income 34,228.67 Gross Profit 34,228.67 Expense 6064 Automobile Expense 791.08 6061 Supportive Services Expense 58.00 6058 Office Supplies 0.00 6056 License/Dues/Subscript/Permits 1,166.00 6051 Furnishings 0.00 6048 Cleaning/Janitorial Services 897.29 6560 Supplies 598.14 6550 Construction 0.00 6518 Utilities 2,576.06 6514 • Maintenance/Repairs 0.00 6047 • Food/Meals 114.88 6019 • Telephone and internet 0.00 6032 • Rent 2,500.00 Personnel Expenses 6067 • Salaries/Wages 27,479.90 6065 • Pre -Employment Drug Screening 100.00 6066 Employee Insurance Benefits 13,834.90 6098 Payroll Taxes - Agency 2,563.77 6108 • Employee Background Checks 25.65 Total Personnel Expenses 44,004.22 Total Expense 52,705.67 Net Ordinary Income -18,477.00 Net Income -18,477.00 Page 3 of 4 Accrual Basis Rogue Retreat Profit & Loss October 1, 2021 through June 27, 2022 Total CITY OF ASHLAND (GRANTORS) Ordinary Income/Expense Income Gross Profit Expense 6064 • Automobile Expense 6061 Supportive Services Expense 6058 Office Supplies 6056 License/Dues/Subscript/Permits 6051 Furnishings 6048 • Cleaning/Janitorial Services 6560 Supplies 6550 Construction 6518 • Utilities 6514 • Maintenance/Repairs 6047 • Food/Meals 6019 • Telephone and internet 6032 • Rent Personnel Expenses 6067 • Salaries/Wages 6065 • Pre -Employment Drug Screening 6066 Employee Insurance Benefits 6098 Payroll Taxes - Agency 6108 Employee Background Checks Total Personnel Expenses Total Expense Net Ordinary Income Net Income 279, 902.67 279,902.67 1,218.11 87.00 182.92 1,166.00 333.11 3,194.12 24,578.76 3,005.96 7,188.60 3,987.69 2,551.09 266.26 11,250.00 206,561.73 145.00 13,834.90 18,767.12 61.30 239, 370.05 298, 379.67 -18,477.00 -18,477.00 Page 4 of 4 it V N \^ June 27, 2022 Linda Reid 20 E Main St. Ashland, Or. Dear Linda, ROGUE RETREAT RestoringLives This letter is to attest to the expenditures associated with the ESG-CV, CDBG Cares, and the Housing Trust Funds. The first chart shows the total amounts spent by line item of each grant. The second chart shows how wages were expended by each grant. Herein lies the problem. Some of Rogue Retreat's staff are paid on a bi-monthly timetable while others are paid monthly. All the dates of 4/15/22 and 5/15/22 are for the employees that are paid bi-monthly. Those same employees are paid again on the 30t' of each month along with the monthly paid employees. This could cause confusion which we apologize for. We hope this clears up any questions. Please feel free to contact us with any further questions. Thank you. Sincerely, Staicey Pruneda 711 E. Main St. #25, Medford, OR 97504 ph: 541-499-0880 / fax: 541-690-1670 Email: office@rogueretreat.com — Web:www.RogueRetreat.org Council Study Session August 2, 2022 Agenda Item Commemorative & Ceremonial Flags at City Facilities From Douglas M. McGeary 7TActing City Attorney Contact Doug.mcgeary(a)-ashland.or.us; 541-552-2091 Item Type Requested by Council ❑ Update ® Request for Direction ❑ Presentation ❑ SUMMARY The City Council adopted a resolution on May 4, 2021, that included the proclaiming of Juneteenth as an annual day of municipal commemoration. As part of its commemoration the City of Ashland currently flies Juneteenth commemorative flags on the Plaza near City Hall, and at the Council Chambers/Police Station on East Main Street. This Study Session item is to discuss the potential for expanding the flying of other commemorative flags at City Facilities under a potential new Council municipal commemoration proclamation. - POLICIES. PLANS & GOALS SUPPORTED Resolution 2021-01, Section LB proclaiming Juneteenth as an annual day of municipal commemoration. BACKGROUND AND ADDITIONAL INFORMATION The issue of use of the city's flags and banners policy has arisen again after a recent Supreme Court of the United States (SCOTUS) ruling, Shurtleff v. City of Boston, 596 U.S. (2022). The Shurtleff case concerned the city of Boston's practice of allowing the public to fly flags on city poles but in this particular case the city denied a Christian group from flying a flag on Constitution Day. The group claimed its purpose for flying their flag was "to enhance the understanding of the country's Judeo-Christian moral heritage". The case went up through appeals evaluated under Establishment Clause doctrine despite the complaint presenting only a First Amendment free speech violation. SCOTUS simply agreed with the plaintiff that "the city's lack of meaningful involvement in the selection of flags or the crafting of their messages leads us to classify the flag raisings as private, not government, speech". As noted, Shurtleff's issues of speech were also conflated with issues involving the I' Amendment Establishment Clause pertaining to religion. Although not dealt with directly by the majority in Shurtleff, the issue was discussed in a concurring opinion that later appeared as underlying authority in the majority in a subsequent case, Kennedy v. Bremerton School District, 597 U.S. (2022). The Kennedy case now interprets the Establishment Clause much more strictly to protect religious expression. This is an important development because the city will need to develop flag and banner policies that take both these new interpretations for free speech and religious expression into account. Boston apparently did not have a well -established policy limiting the use of its flagpoles. Public entity policies, including for the City of Ashland, will need to establish clear rules of what flags are to be presented on their poles and when. To that end the city will want to differentiate between government speech and public forum. The more liberal a policy that the city applies to allow use of their flag poles (or a showing of a lack of "meaningful involvement in the selection of flags or the crafting of their messages"), the more it Page 1 of 3 C I T Y O F -ASH LAN D will be subject to a Boston outcome under Shurtleff. That is, under Shurtleff, a policy and practice that allows public speech use of its flag poles cannot be restricted to only those uses dictated or supported by the city. Allowing public speech use of city flag poles means that any and all public speech uses must be tolerated and allowed. If the city allows public speech use of its poles, the city will clearly need to guard against any content -based regulations to the extent that it can. That is, an American flag as a symbol is arguably content based but undoubtably would be permitted, on the other hand prohibiting flags with specific symbols or messages would be problematic. Flying a "Black Lives Matter" flag would be a difficult rule to write since it is a particular statement about a particular group of people. Flying a rainbow -colored flag is a similar statement that would also be a hard one to differentiate without exposing the possibility for an opposing group to fly their flag. A Juneteenth flag has now become a national holiday so a rule may be easier to differentiate since you could craft one without reference to the content of the flag. In short, the more the city makes the flagpole the city's (government speech) and not the public's (public speech) and the more neutral the policy, then the more likely the city will avoid a Shurtleff or Kennedy outcome. Review Of City Pennant Policy & Guidelines In a quick peruse of the city's pennant policy, the document appears to comply or fall within the meaningful involvement in the selection of flags or the crafting of their messages and the related Kennedy restrictions on government activity effecting the public's use of city property. The city's policy is detailed with restrictions that are not content based and apply uniformly on a design basis. It specifically states that "[p]ennants may not advertise or promote commercial products or services, or religious, political, or social viewpoints", hence the rules are intended to remain neutral by simply eliminating content. However, Kennedy and other recent decisions of SCOTUS have shown that the court is beginning to interpret strictly against government action particularly related to those which inhibit or injure the free practice of religious expression. The city's policy restricts displays in specific areas or places which affect aesthetics and safety. They provide criteria for sizing, permanence, manner of displays, and maintenance which again all remain neutral and relate to important government interests to protect against litter, aesthetic degradation, and overall health concerns. With pennants, the ordinance again appears content neutral and design oriented, and yet detailed enough to craft a message for public purposes while establishing criteria to steer away from promoting particular personal or singular information messaging. In this regard, the city appears to be establishing a "meaningful involvement in the selection of flags or the crafting of their messages" which the majority in Shurtleff agreed was necessary despite a concurring opinion that picked at the edges as the Shurtleff decision that touched on First Amendment religious concerns. If the City Council wishes to consider expanding flag or banner presentations at city facilities or on its flag poles, to include additional commemorative flags, it will be necessary to produce a detailed legal review of the intended governmental speech purpose to avoid an unintended consequence of creating a policy or practice that creates a private forum that would, in turn, obligate the city to allow any and all other private speech uses at city facilities or flag poles. Page 2 of 3 C I T Y O F -ASH LAN D FISCAL IMPACTS It is anticipated that adding additional flag commemorative dates at the Plaza near City Hall, and the Council Chambers/Police Station on East Main Street will require nominal expenditures to purchase flags, assuming the selected commemoration days are limited in number and have flags that are recognized as appropriate for the intended use that are readily available for purchase off the shelf. DISCUSSION QUESTIONS • What additional days are the City Council interested in proclaiming as annual days of commemoration that include flag or banner presentations? Operationally, how often and on what dates should the City raise commemorative flags or banners? • Do the identified commemoration days have recognized and readily available flags for purchase? • What legal considerations or circumstances should be reviewed by the City Attorney prior to expanding commemoration flag days of the City of Ashland? SUGGESTED NEXT STEPS Commemorative flags or banners the City Council wishes to propose to be flown at city facilities, on city flag poles or on public rights -of -way should be reviewed by the City Attorney for their potential to contain personal or singular information messaging that can legally be considered private speech. The City Attorney should report back their related findings or recommendations, including on any updates to the city's pennant policy that should be considered by the City Council. Also, the flags or banners proposed for city commemorative use should be reviewed for availability and cost by city staff. REFERENCES & ATTACHMENTS NA Page 3 of 3 CITY OF -ASHLAND Ashland City Council Look Ahead Note: This, a DRAFT —dule of future agenda items and'is subject to frequent charges. 15-Aug Economic Development & Business Roundtable Follow-up Ashland Housing Production Strategy - Update from E—Northwest and City Staff AARP Livable Ashland Alliance -Steering Committee Report Natural a ment in New Construction Rehabilitations Admin. I Community Dev. Ashland Livable City Alliance CEPAC Sabrina Code I Bill Molnar Committee Co -Chairs Committee Chair 5Sep Meeting Cancelled National Holiday Observed - Labor Day Public Works Scott Fleury lgSep E—Northwest Economic Diversity Study Report Admin. Joseph Lessard CommunityBudget Survey Re or[ Admin. Jose h Lessard Economic Development & Business Roundtable Follow-up Community Development Questions 8 Updates gdmin.l Commu nay Development Sabrina Cotta I Bill Molnar activi enters, development code It process navigation, business issues) 3-Oct City Facilities & Real Estate Hargadine Parking Structure RFP Community Development Bill Molnar Facilities Optimization Master Plan Public Works Scott Fleury Natural Gas Equipment by 2030 in Existing City Facilities " Commemorative & Ceremonial Flags at City Facilities " 17-Oct Contracting WaterlWastewater System Management Staff Report Public Works Scott Fleury Police and Fire Partnering/Regionalization Atlmin. / Police I Fire Joseph Lessard /Chief O'Meara I Chief Sartain 31-Oct 14-Nov 5-Dec 10-0ec 2Jan Meeting Cancelled National Holiday Observed - New year's Day 1SJrm IINARY DATE REGULAR BUSINESS MEETINGS -AGENDA ITEMS DEPARTMENT LEADSTAFF 111-Atg Boards & Commissions Update Standing Advisory Committee Appointments Mayor Julie Akins Ordinance to remove commission ordinances i—, Admin./City Attorney Joseph Lessard/Doug McGeary U date other ordinances to n estahlishment of standin 8 ad hoc committees Citizens' Budget Committee Appointments Citizens' Budget Committee Appointments Chamber of Commerce Agreement for Travel Ashland Marketing City Manger's Office Joseph Lessard Imperatrice Property Lease - Regenerative Agriculture Practices Public Works Scott Fleury aSep 20Sep 4-Ott 18-oct 1-Nov 15-N— Second Reading - Telecommunications Ordinance Updates (5G) City Attorney Interim City Attorney Personnel Issues Executive Session -Labor Negotiation Status Atlmin. /Human Resources Joseph Lessard / Sabrina Code Management, Confidential & Unrepresented Employee Resolution Update PERS Pick -lip Evaluation " Labor Agreement Approvals (tentative scheduling) " Infrastructure Master Plans Updates TalenfiAshland-Phoenix (TAP) Water Inte rtie Public Works Scott Fleury Wastewater Collection System Master Plan •' •• Storm Drain Master Plan •' " Facilities Optimization Master Plan " ReviewlRevisit MOU between Ashland City Council & Ashland Park Commission dated Aug. 19, 2014 Atlmin. / City Attorney Joseph Lessard / Doug McGeary AMC 2.16 Recreation Commission Duties and Powers . AM 2.28.040 Second Reading -Telecommunications Ordinance Updates (5G) City Attorney Interim City Attorney Public Hearin and Second Readin Housin in Em to —of Zones Annual Re ort Personnel Issues Executive Session -Labor Negotiation Status Admin. / Human Resources Joseph Lessard / Sabrina Carl. Labor A reement Ap rovals tentative schedulin " " Request to form an Ad Hoc Building Code Review Committee Mayor Julie Akins Social Equity and Racial Justice Advisory Committee Report City Recorder Melissa Huhtala Public Hearing and First Reading Housing in Employment Zones Annual Report Community Development Bill Molnar uac,tea 1l79/v1» L, Ashland City Council Look Ahead Note: This ie a DRAFT schedule of future agenda items and is subject to frequent charges. Updated 7/29/2022 Fr,