HomeMy WebLinkAbout2013-1001 Council Agenda PACKET
CITY OF
ASHLAND
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IITlpprtaOt: Any citizen may orally address the Council on non agenda items during the public Forum Any citizen may submit wruren
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 1, 2013
Council Chambers
1175 E. Main Street
Note: Items on the Agenda not considered due to time constraints are automatically continued to the next
regularly scheduled Council meeting [AMC 2.04.030.E.]
7:00 p.m. Regular Meeting
1. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. APPROVAL OF MINUTES
1. Study Session of September 16, 2013
2. Business Meeting of September 17, 2013
VI. SPECIAL PRESENTATIONS & AWARDS
1. Presentation by Public Arts Commission on current and upcoming projects
2. Presentation on the Fire Adapted Communities program
VII. CONSENT AGENDA
1. Approval of commission minutes
2. Approval of a contract amendment for Southern Oregon Transportation
Engineering
VIII. PUBLIC'HEARINGS (Persons wishing to speak are to submit a "speaker request
form" prior to the commencement of the public hearing. All hearings must
conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to
9:30 p.m. by a two-thirds vote of council {AMC §2.04.050})
None.
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT W WW.ASHLAND.OR.US
IX. PUBLIC FORUM Business from the audience not included on the agenda.
(Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits
to enable all people wishing to speak to complete their testimony.) [15 minutes
maximum]
X. UNFINISHED BUSINESS
None
XI. NEW AND MISCELLANEOUS BUSINESS
None
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Second reading by title only of an ordinance titled, "An ordinance creating a
franchise agreement for solid waste management and collection within the
City of Ashland and repealing Ordinances 2829, 2582 relating to previous
solid waste franchise agreements and terms"
2. Approval of a resolution titled, "A resolution adopting administrative
operations and rules and service rates for solid waste and recycling
collections franchise"
3.~ Approval of a resolution titled, "A resolution adopting a surcharge fee for the
operations of the Ashland Recycle Center"
4. Franchise Agreement with Recology Ashland Sanitary Services, Inc. for solid
waste management and collection
5. Second reading by title only of three an ordinance titled, "An ordinance
amending Chapters 18.08, 18.24.030, 18.28.030 and 18.112 of the Ashland
Land Use Ordinance relating to definitions, traveler's accommodations in
multi-family residential districts and enforcement associated with transient
lodging"
6. Second reading by title only of an ordinance titled, "An ordinance amending
AMC Chapter 6.04 Business Licenses"
7. Second reading by title only of an ordinance titled, "An ordinance amending
AMC Chapter 4.24 Transient Occupancy Tax"
XIII. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL
LIAISONS
XIV. 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 1).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
Minutes for the City Council Study Session
September 16, 2013
Page I of 3
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday, September 16, 2013
Siskiyou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5:32 p.m. in the Siskiyou Room.
Councilor Slattery, Rosenthal, Voisin, Morris, and Marsh were present. Councilor Lemhouse arrived at
5:34 p.m.
1. Look Ahead review
City Administrator Dave Kanner reviewed items on the Look Ahead.
2. Discussion regarding the solid waste franchise agreement
City Administrator Dave Kanner explained there were four actions Council would take. One was adopt
the franchise ordinance stating how the City awarded contracts. The second was a service standards
resolution, the third was the rates resolution and the fourth resolution would award the contract to
Recology. Mr. Kanner introduced Recology General Manager Steve DiFabion, Vice President/Assistant
Group Manager Ed Farewell, and Recology Group Rate Analyst Tom Norris.
Management Analyst Adam Hanks summarized key elements of the Solid Waste & Management
Collection Franchise Agreement Ordinance:
Section 2 - Purpose
The Conservation Commission inserted goals and targets in the purpose statement that added direction to
the policy. City Attorney Dave Lohman clarified it was not customary to add targets in a purpose
statement but could be done. Mr. Hanks further explained the purpose statement was broad and adding
targets established goals the franchisee would ultimately meet. Mayor Stromberg thought targets should
be policy actions by the Council and not necessarily established by the service provider. Mr. Hanks
agreed and thought it might be better placed in the Standards Agreement or even the Sustainability Plan.
Section 4 - Definitions
Key definitions included Allowable Expenses that dictated rate modeling. Cost Allocation calculated
expenses for services that crossed jurisdictions to ensure allowable expenses related to service and
activities within city limits. The Operating Margin definition created a prearranged profit margin to
ensure rate of return and was foundational to annual rate adjustment process and other terms during the
life of the contract. The Unallowable Expenses definition detailed expenses not part of the operating
margin calculation and subsequently not factored into the rate making process.
Section 5 - Franchise Agreement
The initial term was set at 10-years with seven-year terms renewing annually to allow time for Recology
to amortize investments and reasonable long-term revenue stream in the event the City terminated the
contract. Mr. Lohman explained one of the goals in the ordinance and resolution was having robust
reporting that occurred quarterly. Mr. Kanner added Section 8.5 Termination of Franchise for Default
provided circumstances where the City could terminate the franchise prior to the seven-year term.
Councilor Slattery commented audit errors would apply to Section 8.5.
Mr. Hanks further explained Allowable Expenses in Section 4 Definitions of the ordinance addressed
management overhead with a detailed list of what the franchisee cannot count.
Minutes for the City Council Study Session
September 16, 2013
Page 2 of 3
The 10% Operating Margin of Franchise-wide Gross Revenues was a standard percent with the intent to
build ratemaking to meet that 10%. The 8% and 12% would not allow the range to get too low or far in
advance of the 10% target. If the operating margin fell below 8%, Recology could come to Council and
request a rate increase in excess of CPI (Consumer Price Index). If their operating margin exceeded 12%,
Council had the right to either deny the CPI increase or lower their rates. The idea was to produce an
operating margin of 10%, the City would not always hit 10% exactly, but that was the goal and ensured
long-term rate stability.
Subcontracting services addressed services that fell under the scope of the franchise and allowed a
franchisee to decline and the City to subcontract for that service. Recology could not provide services
outside of the Franchise Agreement. Transfer of Franchise was like Ashland Sanitary moving to
Recology, what triggered the transfer, and addressed if it was a majority sale or partial.
Reporting would occur quarterly with a fuller report annually. The City would conduct periodic audits
but not necessarily annually. The annual report met DEQ (Department of Environmental Quality) annual
reporting requirements for the local jurisdiction with information provided by Recology and the Jackson
County Recycling partnership.
Section 8 Enforcement of Standards
City Attorney Dave Lohman explained the franchise was subject to penalties and could incur a fine up to
$500 per day.
Mr. Kanner noted there were three main issues Council needed to discuss. The first was the Yellow Bag
and Sticker Programs that allowed customer controlled deliveries. Residential customers heavily
subsidized the Yellow Bag program. Additionally the program received curbside recycling but did not
pay for the service. One recommendation would eliminate the service and replace it with the Sticker
Program, another on call service using a roll cart instead. The cost was higher but the gain in capacity
canceled the increase.
Staff explained the group considered offering 20-gallon containers as an incentive to reduce trash and did
not incorporate the option due to operational difficulties.
The second issue was automation and roll carts. Mr. Kanner explained if the City ever mandated
automation collection staff would calculate upfront costs into the rate structure over a period of years.
Mr. DiFabion commented Recology would avoid potential lay-offs through attrition if the City automated
services. Mr. Kanner added full automation would work in specific neighborhoods but partial automation
would work in every neighborhood.
Mr. Hanks addressed a possible recycle only fee and explained recycling charges were imbedded in solid
waste rates with the exception of the Yellow Bag program.
Council and staff went on to discuss the Recycling Center. Mr. Hanks explained the draft franchise
ordinance did not allow the Recycling Center as an allowed expense and Council could develop another
way to fund that operation. One Council suggestion would remove costs from solid waste charges-and
have people pay to use the Recycling Center.
Mr. Kanner explained an option was leaving the Recycle Center open for 6-12 months and adding a 4%
surcharge to garbage rates dedicated to funding the Recycling Center. During that time, Council and staff
could determine whether to keep the Recycling Center open or look at alternative funding. If the City
closed the Recycling Center, the surcharge would end and not remain imbedded as part of the rates.
Charging at the gate would effectively kill the Recycling Center since very few people would pay to
Minutes for the City Council Study Session
September 16, 2013
Page j of3
recycle and no one knew how many people used the Recycling Center. Additionally, charging a fee
might not cover the cost of running the Center. Councilor Slattery thought the discussion needed to occur
outside of the Franchise Agreement to allow public discussion and determine whether people recycle
because it was free or ecologically sound.
Mr. DiFabion confirmed Recology hauled out 50-yards of cardboard and 25-yards of co-mingled
recycling from the Recycling Center daily, six days a week. He clarified an error in the Bell Associates
Report noting the total was actually 16% instead of 9%.
Councilor Voisin liked Mr. Kanner's suggestion of the surcharge for the Recycling Center for 6-12
months. She suggested involving the Conservation Commission to review the Recycling Center and come
back with suggestions and alternatives for a detailed in depth discussion with public input and options.
Councilor Morris thought the surcharge should go on the electric bill to capture all households for the 6-
12 month period. Mr. Kanner responded adding the surcharge to the electric bill would end up costing
almost the same as adding it to the residential and commercial solid waste bills resulting in a .80-cent
monthly increase.
Councilor Lemhouse agreed the discussion on the Recycling Center needed to be separate from the
Franchise Agreement. He supported involving the Conservation Commission and wanted to know how
the City would deal with people outside of city limits using the Recycling Center.
Mr. DiFabion noted another error in the Bell and Associate report regarding recycling costs. The report
divided Recycle Center costs by 6,000 Ashland residents when all jurisdictions in Jackson County using
Recology services paid for the Recycling Center through solid waste rates.
Councilor Marsh thought the issue was broader than the Recycle Center. There was a technical document
and franchise agreement but no specific recycling or waste management goals. The City could use the
surcharge in a different way beyond the Recycling Center. Council generally supported involving the
Conservation Commission in the task of resolving the Recycling Center.
Mr. DiFabion addressed administrative costs as allowable expenses explaining they needed to be
reasonable, and consistent with the market. Scale was an issue as well. He went on to explain currently
there were no financial incentives to increase recycling with the exception of San Francisco and would
forward information pertaining to that program to Council.
3. Discussion regarding Job Council proposal
Item delayed due to time constraints.
Meeting adjourned at 7:19 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
Regular City Council Meeting
September 17, 2013
Page I of 9
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
September 17, 2013
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 Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh were present.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced vacancies on the Firewise and Tree Commissions, one vacancy on the Band Board
and two vacancies on the Citizen Budget Committee.
APPROVAL OF MINUTES
The minutes for the Business Meeting of September 3, 2013 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
The Mayor's proclamation of September 21, 2013 as International Day of Peace was read aloud.
Police Chief Terry Holdemess introduced Police Sergeant Warren Hensman who summarized calls of service in
the Enhanced Law Enforcement Area (ELEA) since its inception August 2012. Over the 13 months the
ordinance was in effect, the Police Department issued approximately 166 citations with 67 citations resulting in
convictions. Eighteen people qualified for expulsion with eight no longer in the area. The Police served 10
people with five excluded. Of the five excluded, only two continue to violate the ordinance and of those two,
one of the individuals appeared to have left the area.
Sergeant Hensman divided statistics into two categories and two timeframes. One category showed all call
types including disorder that consisted of assault, disorderly conduct, drug crimes, harassment, liquor law
violations, noise, and theft. He used two time-periods, one when the ordinance went into effect July 19, 2012
through August 31, 2013 and the second was seasonal to capture summer activity in the downtown area, May 1
through August 31.
The Police Department received 1,066 calls for service in the ELEA August 1, 2011 through August 31, 2012.
The following year that number decreased to 943 at an 11.5% reduction. There were 354 calls for service
regarding crimes of disorder August 2011 through August 2012, with the number declining to 306 2012-2013
showing a 13.5% reduction.
Calls for service during summer May 1, 2011 to August 31, 2011 resulted in 274 calls. That number rose
significantly in 2012 to 391 then dropped to 320 the summer of 2013. The percentage increase from 2011 to
2012 was 30% and decreased to 18% 2012-2013. Crimes of disorder during the summer season resulted in 107
calls for service 2011, 135 during 2012 with a decline to 95 2013 showing a 30% decrease from 2012 to 2013.
Sergeant Hensman broke down the offenses in the downtown area by the 18 individuals that qualified for
expulsion into three categories, Criminal Offenses, Alcohol Violations, and all other violations. Data showed
that 57% of the offenses downtown was crimes, 37% were alcohol violations, and 5.4% involved scattering
rubbish. Of the crimes, 17% were trespasses, 11% disorderly conduct, 9% criminal mischief, 5% theft, 4%
resisting arrest, 3% interfering with a Police Office. The alcohol violations pertained to consumption and
possession of alcohol in public.
The Police Department thought the ordinance had a positive effect on the community regarding violations. In
Regular City Council Meeting
September 17, 2013
Page 2 of 9
addition to the ordinance, staffing, an increase of park patrol, and the cadet patrol contributed to the decline in
crime and creating an almost year round presence in the downtown. City Attorney Dave Lohman added another
positive effect of the ordinance dealt with failures to appear. If a person failed to appear for court three times,
they were subject to expulsion from the downtown area resulting in an increase of people going to court to deal
with their offenses.
Sergeant Hensman confirmed the three categories of Crimes, Violations, and All Other Violations related to the
18 individuals that qualified for expulsion August 1, 2012 to August 31 2013. The specific element for a crime
of disorderly conduct was a person must feel some sort of physical violence pending. Chief Holdemess added
that generally disorderly conduct was due to drinking, drugs, or mental illness. Alcohol violations were
different from disorderly conduct. In addition, there was a strong correlation in the statistics and large groups of
traveler's and transients that came to Ashland during the summer.
Sergeant Hensman addressed trespassing and explained businesses can request specific individuals to refrain
from entering that property. If they come back to the property after being duly warned, the police can arrest
them for the crime of trespass.
Chief Holderess explained the Police Department received a grant that funded the cadet program that had
allowed seven-day coverage. For 2014, they would be able to fund two cadets for six-dav week coverage for
2014. He confirmed the increase of violations during summer 2012 was due to people' accustomed to no
negative consequences for violating City ordinances and laws.
CONSENT AGENDA
1. Approval of commission minutes
2. Approval of placing a Lien on a property as a result of weed abatement
3. Authorization to proceed with contract exceeding $100,000 for the Ashland Rotary Centennial Ice
Rink Cover
Staff pulled Consent Agenda item number 2 for a future meeting. Councilor Lemhouse pulled Consent Agenda
items #3 to clarify Council acted as the local contract review board for City and Parks contracts.
Councilor Lemhouse/Slattery m/s to approve Consent Agenda items minus Consent Agenda Item #2.
Voice Vote: all AYES. Motion passed.
PUBLIC HEARINGS
1. Public hearing and first reading by title only of three an ordinance titled, "An ordinance amending
Chapters 18.08, 18.24.030, 18.28.030 and 18.112 of the Ashland Land Use Ordinance relating to
definitions, traveler's accommodations in multi-family residential districts and enforcement
associated with transient lodging"
Community Development Director Bill Molnar described changes Council made to the ordinance during the
August 19, 2013 meeting. Changes included removing language regarding short-term home rentals (STHR)
without a business owner on the property, the definition for primary residence, and clarified the definition for
traveler's accommodation. Section 2 18.24.030 Conditional Uses cleaned up traveler's accommodation
standards and added new ones for fire inspections, and business license requirements. Advertising a traveler's
accommodation should contain the Planning Action number for the Conditional Use Permit (CUP) and
prohibited offering residential property for traveler's accommodation without a CUP, business license, or
Transient Occupancy Tax (TOT).
Mr. Molnar confirmed Section 2 18.24.030 Conditional Uses (.I)(1) All residences used for traveler's
accommodation must be business owner occupied was the same as a Bed and Breakfast (B&B). City
Attorney Dave Lohman explained the advertising prohibition applied to R-1, R-2, and R-3 zones. Mr. Molnar
noted R-2 and R-3 zones did not have any hotels or motels where this would apply. The prohibition also
applied to all zones including C and E zones.
Regular City Council Meeting
September 17, 2013
Page 3 of 9
Council and staff discussed Section 2 18.24.030 Conditional Uses (.n(2) The property is located within 200
feet of a boulevard, avenue, neighborhood collector as identified on the official Street Dedication Map in
the City's Comprehensive Plan. Distances to the property from a boulevard, avenue or neighborhood
collector, shall be measured via a public street or public alley to a lot line. Council questioned the 200-foot
requirement with comments that it was arbitrary, and made suggestions to increase to the boundary.
PUBLIC HEARING OPEN: 7:40 p.m.
Abi Maghamfar/Ashland Lodging Association/451 Main Street/Spoke on behalf of the Ashland Lodging
Association in support of the proposed ordinance. The Association would educate their members on the new
requirements. He requested Council allocate 60% of the Code Enforcement Officer's time to illegal vacation
rentals for the first year with an annual report showing improvements or failures.
Steve Isser/84 Garfield Street/Had issues with the 200-foot requirement in the R-2 and R-3 zones. Applying
for a variance was expensive with no guarantee of approval. The requirement was unfair and arbitrary.
Krista Lawlainen/425 North Holly, Medford OR/Spoke on behalf of the Rogue Valley Association of
Realtors, submitted a document into the record, and explained Realtors wanted to ensure the process was fair
and balanced the rights of personal property.
PUBLIC HEARING CLOSED: 8:45 p.m.
Councilor Marsh/Slattery m/s to approve First Reading of an ordinance titled, "An ordinance amending
Chapters 18.08, 18.24.030, 18.28.030 and 18.112 of the Ashland Land Use Ordinance relating to
definitions, traveler's accommodations in multi-family residential districts and enforcement associated
with transient lodging" and move the ordinance to Second Reading.
Councilor Marsh/Slattery m/s to amend by striking the first sentence under Section 2 18.24.030
Conditional Uses (.i)(1), "All residences used for traveler's accommodation must be business owner
occupied." The property may have more than one residence and the owner will not reside in all of the
units. The second sentence captured it more accurately, "During operation of a traveler's
accommodation the property on which the traveler's accommodation is sited must be the primary
residence of the business owner."
Roll Call Vote: Councilor, Voisin, Marsh, Slattery, Morris, Lemhouse, and Rosenthal, YES. Motion
passed.
DISCUSSION on amended main motion: Councilor Slattery wanted the Planning Commission to study the
200-foot boundary. Councilor Morris was interested in moving the buffer to 300-feet. Councilor Voisin thought
the study should include the impact allowing a zero boundary, 200-foot, 300-foot, and 400-foot. City
Administrator Dave Kanner explained during the August 19, 2013 Study Session, Council requested the
Planning Commission review the 200-foot buffer and make a recommendation. The Planning Commission had
and recommended retaining the 200-foot buffer.
Councilor Marsh opposed referring the 200-foot boundary for further study. It was not arbitrary and there was
no evidence of a problem. Additionally it made the R-2 and R-3 zones vulnerable to long-term renters.
Councilor Rosenthal questioned having a restriction when an applicant could apply for a CUP and the City
considered applications on a case-by-case basis. Councilor Lemhouse suggested Council remove the restriction
for a year and amend the ordinance if needed. Council was not in consensus regarding having Planning
Commission study the 200-foot boundary.
Councilor Lemhouse/Rosenthal m/s to amend the main motion and request Section 18.24.030 (.i)(2) and
Section 3 18.28.030 (1)(2); "The property is located within 200 feet of a boulevard, avenue, neighborhood
collector as identified on the official Street Dedication Map in the City's Comprehensive Plan. Distances
to the property from a boulevard, avenue or neighborhood collector, shall be measured via a public street
Regular City Council Meeting
September 17, 2013
Page 4 of 9
or public alley to a lot line," be removed from the ordinance for R-2 and R-3 zones.
DISCUSSION: Councilor Rosenthal agreed with Councilor Lemhouse. Councilor Slattery did not support the
motion and thought they should study the 200-foot boundary before making any changes. Councilor Morris
commented the Planning Commission did not recommend eliminating the 200-foot buffer. Removing it could
have 600 additional units converting to a traveler's accommodation. Certain areas would need limitations.
Councilor Voisin agreed with Councilor Slattery regarding a study that looked at the pros and cons.
Roll Call Vote: Councilor Lemhouse and Rosenthal, Yes; Councilor Marsh, Voisin, Slattery and Morris,
NO. Motion failed 2-4.
Council directed staff to provide an analysis regarding the rationale of the 200-foot limitation, the ramifications
of expanding and eliminating the restriction and traffic impacts.
Councilor Slattery/Rosenthal m/s to call for the question. Roll Call Vote Councilor Marsh, Voisin,
Slattery, Morris, Rosenthal, and Lemhouse, YES. Motion passed.
Roll Call Vote on the amended main motion: Councilor Marsh, Voisin, Slattery, Morris, Rosenthal, and
Lemhouse, YES. Motion passed.
2. Public hearing and first reading by title only of an ordinance titled, "An ordinance amending AMC
Chapter 6.04 Business Licenses"
City Attomey Dave Lohman explained the ordinance would clarify what was already implicit in the existing
ordinance regarding business licenses. It would ensure short-term home rentals (STHR) required a business
license. Section 6.04.020 Definitions (A) clarified rental activity as a business activity. Section 6.04.020
Definitions (B) Transient lodging was now consistent with terminology in Section 18 and Section 4 of the
TOT (Transient Occupancy Tax). Section 6.04.020 Definitions (C) broadened rental activity. Section 6.04.085
Business License Exemptions (7) required a business license for owners with more than one long-term rental
replacing the previous provision of no business license for less than five long-term rentals.
Mr. Molnar clarified short-tern home rentals approved as one-unit hotels in the commercial zone and
recommended striking the language from the ordinance. Mr. Lohman explained the term was in the ordinance
to make it easier for enforcement. However, since it was already implicit in the ordinance Council could strike
the language.
PUBLIC HEARING OPEN: 8:26 p.m.
PUBLIC HEARING CLOSED: 8:26 p.m.
Councilor Lemhouse/Morris m/s to approve First Reading by title only of the ordinance titled "An
Ordinance Amending AMC Chapter 6.04 Business Licenses" and to forward it on to Second Reading.
DISCUSSION: Councilor Lemhouse explained legal short-tenn home rentals never objected to this ordinance.
Councilor Marsh noted the significant change for owners of long-term rentals, and wanted to know how the City
would inform them of the change. Mr. Lohman replied staff notified property management firms and people on
lists the Planning Department had regarding long-term rentals and acknowledged it would be difficult to reach
everyone. Councilor Voisin suggested having the Ashland Daily Tidings write an article. Roll Call Vote:
' Councilor Marsh, Morris, Rosenthal, Lemhouse, Voisin, and Slattery, YES. Motion passed.
3. Public hearing and first reading by title only of an ordinance titled, "An ordinance amending AMC
Chapter 4.24 Transient Occupancy Tax"
City Attorney Dave Lohman explained the ordinance would make clear TOT (Transient Occupancy Tax)
applied to all transient lodgings. Staff changed terminology in Section 4.24.010 Definitions (B) from hotel to
transient lodging, making it consistent with the business license ordinance and land use ordinance. Section
4.24.010 Definitions (E) Rent included rent paid to the owner as well as booking and reservation fees paid to a
third party were subject to TOT. Staff replaced the original appeals process with the normal appeal process.
Regular City Council Meeting
September 17, 2013
Page 5 of 9
People making a donation instead of payment for a rental were subject to TOT.
Staff addressed credible evidence and explained through the ordinance the City could review an owner's
financial books. Additionally, the State and League of Oregon Cities were providing guidance on the matter.
PUBLIC HEARING OPEN: 8:37 p.m.
PUBLIC HEARING CLOSED: 8:37 p.m.
Councilor Voisin/Slattery m/s to approve First Reading by title only of the ordinance titled "An
Ordinance Amending AMC Chapter 4.24 Transient Occupancy Tax" and to forward it on to Second
Reading. DISCUSSION: Councilor Voisin wanted quarterly occupancy rates included in the TOT form
mailed to owners. Council agreed and directed staff to add the information to the form. Roll Call Vote:
Councilor Slattery, Morris, Marsh, Voisin, Lemhouse, and Rosenthal, YES. Motion passed.
PUBLIC FORUM
Doug Burns/249 Winner Street/Shared his background as a resident and his involvement with the Cabaret and
Chamber of Commerce. His main issue was the Plaza redesign. He read the rules for the Public Arts
Commission's power and duties using public art to enhance existing development, public parks, and public
lands. He also read the report on the Public Arts Commission subcommittee that approved the gray pavers and
that Covey Pardee agreed with color choice. The designated artist got the City to tear up the existing Plaza and
change it into a showcase for one artist's work. The subcommittee made the decision, it violated the contract
with Covey Pardee, and Council did not approve that amendment.
UNFINISHED BUSINESS - None
NEW AND MISCELLANEOUS BUSINESS
1. Plaza booth paint colors
City Administrator Dave Kanner explained during a Council meeting earlier in the summer, Council approved
painting the Information Booth in the Plaza. Staff put together a committee consisting of Sue Springer, the artist
of the tile frieze in the Plaza, Public Arts Commission Chair Margaret Garrington, and Chamber of Commerce
Executive Director Sandra Slattery who came up with 3-4 different color combinations to recommend to
Council.
Ms. Springer explained the color selection process and the discussion of painting the roof a metal color. They
wanted to paint patches on each side of the Information Booth with the selected color schemes for a brief period.
During that time, they would informally collect feedback from Council and the public. Ms. Slattery confirmed
the blue awning signs with white print were the traditional and international colors for Information. Council
directed staff to get an estimate for a copper roof with one Council comment that expressed concern that copper
oxidized and could turn green.
Councilor Lemhouse/Slattery m/s the City direct staff to apply the selected color samples on the booth
and request the color selection team come to Council with a final recommendation in October.
DISCUSSION: Ms. Springer clarified the Committee would place a box in the Information Booth for people to
choose their favorite color combination. If the response overwhelmingly favored one color, the' Committee
would consider that in their decision. Voice Vote: all AYES. Motion passed.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Second reading by title only of an ordinance titled, "An ordinance amending Section 2.19 of the
Ashland Municipal Code dissolving the Housing Commission and creating the Housing and Human
Services Commission"
Housing Program Specialist Linda Reid explained at the September 3, 2013 Council approved First Reading and
directed staff to make several amendments. The ordinance included added language that clarified the purpose
Regular City Council Meeting
September 17, 2013
Page 6 of 9
and mission, changing membership from seven to nine, and removing 2.19.030 Powers and Duties (C) To
review and make recommendations to the City Council on Community Development Block Grant
(CDBG) related allocations. Mayor Stromberg clarified the purpose of removing 2.19.030 (C) was to discuss
whether the Commission would be involved in the Social Services Grant process. Ms. Reid continued with
changes noting staff added language to 2.19.030 Powers and Duties that articulated the service population and
provided a better definition of human services. Also under 2.19.030 Powers and Duties staff moved (K) To
monitor and assess the housing and human services needs of the community, and utilize this information
to act in an advisory capacity to provide guidance to the City Council regarding policy and funding
strategies relating to housing and human services, to (A). Staff also added new language to 2.19.030 Powers
and Duties, to monitor housing discrimination complaints and corrective actions within the City, and to
report to the City Council measures taken to further equal opportunity to all persons to live in decent
housing facilities regardless of race, color, religion, sex, sexual orientation, gender identity, national
origin, source of income, or familial status. Subsequent to printing the Agenda Packet, the Legal Department
made further changes to the amended ordinance.
City Attorney Dave Lohman made cosmetic changes to the first page of the ordinance. He simplified the
language in 2.19.010 Purpose and Mission and 2.19.030 Powers and Duties (A) and removed the word
"develop" from 2.19.030 (B). Other changes were editing and not substantive.
Mayor Stromberg requested staff add the word "continuum" to 2.19.010 Powers and Duties (A) so it read, "To
monitor and assess the continuum of housing and human services needs of the community, and utilize
this information to advise the City Council regarding policy and funding strategies relating to housing
and human services."
Councilor Slattery/Lemhouse m/s to approve Second Reading by title only of an Ordinance titled "An
Ordinance Amending Section 2.19 of the Ashland Municipal Code Dissolving the Housing Commission
and creating the Housing and Human Services Commission with the changes as noted and the inclusion of
the word Continuum in 2.19.030 A." DISCUSSION: Councilor Lemhouse clarified this was not merging
two Commissions but dissolving two and creating a new one. Councilor Voisin noted Council was deleting
2.19.030(D) To review and make recommendations to the City Council on City of Ashland Social Service
Grant related allocations, and wanted staff to explain why the point was originally included. Ms. Reid
explained several reasons the Social Service Grant review would be appropriate for the Commission were its
familiarity with the groups applying for Community Development Block Grant program (CDBG), along with
which organizations were working for the City and the gaps the City might have. The new Commission would
be familiar with the organizations and their capacity to carry out scope of work, programs they are applying for,
and their records of accomplishment. Staff thought it would be easy to consolidate it with the CDBG
application process since the social services grant process occurred at the same time to minimize confusion for
applicants. Mayor Stromberg reminded Council they removed this point for further discussion with the Budget
Committee with a resolution by the end of the year.
Mr. Lohman read aloud the following changes to the ordinance:
• Section 2.19.010 Purpose and Mission now read: The Housing and Human Services Commission is to
assess and make recommendations to the City Council for addressing the continuum of housing and
human services needs for the purpose of enhancing community health and well-being.
• Section 2.19.020 Established Membership now read: The Housing and Human Services Commission is
established and shall consist of nine (9) voting members, one (1) non-voting student liaison from
Southern Oregon University, and one (1) non-voting ex-officio member who shall be the City Housing
Program Specialist.
• Section 2.19.030 Powers and Duties (A) now read: To monitor and assess the continuum of housing
and human services needs of the community, and utilize this information to advise the City Council
regarding policy and funding strategies relating to housing and human services
Regular City Council Meeting
September 17, 2013
Page 7 of 9
• Section 2.19.030 Powers and Duties (B) now read: To consider the feasibility of and advise the City
Council on programs that assist in addressing the unmet utility, medical, transportation, and food
needs of seniors, children and families in Ashland, and other related human services programs.
• Section 2.19.030 Powers and Duties (D) To review and make recommendations to the City Council on
City of Ashland Social Service Grant related allocations, was removed for future discussion
• Section 2.19.030 Powers and Duties (K) now read: To monitor housing discrimination complaints and
corrective actions within the City, and to report to the City Council measures taken to further equal
opportunity to all persons to live in decent housing facilities regardless of race, color, religion, sex,
sexual orientation, gender identity, national origin, source of income, or familial status.
Roll Call Vote: Councilor Slattery, Morris, Rosenthal, Marsh, Lemhouse, and Voisin, YES. Motion
passed.
Mayor Stromberg explained the City would use the normal procedure to get applicants for the Housing and
Human Services Commission.
2. First reading by title only of an ordinance titled, "An ordinance creating a franchise agreement for
solid waste management and collection within the City of Ashland and repealing Ordinances 2829,
2582 relating to previous solid waste franchise agreements and terms"
Management Analyst Adam Hanks explained the Franchise Agreement ordinance described the relationship the
City had with a collector. The total packet included three resolutions that would come to Council during Second
Reading. One resolution included administrative operations rules, the second resolution provided the rate
structure and proposed rates. The third resolution awarded the franchise to Recology.
The Franchise Agreement ordinance contained the ratemaking component. The Franchise Agreement showed
how rate adjustments would occur using a 10% operating margin with an annually adjusted CPI (Consumer
Price Index) to create rate stability over time.
A key point was automating or partially automating collection services using Recology provided roll carts
amortized over the first ten years of the agreement resulting in an incremental cost per year spread out to all
users. Another key issue was the Yellow Bag program, a customer driven on call service similar to the Sticker
program. The difference was capacity and the Sticker program used roll carts. The Yellow Bag program was
heavily subsidized and the recommendation would convert this service to the Sticker Program. Currently 200
plus Yellow Bag customers would roll into the Sticker Program that had 600 participants creating 800 on call
customers of the City's 6,200 customers. Medical waste was another service adjusted because rates were less
than the cost of service.
An issue in the Franchise Agreement was the Recycling Center. The proposed Franchise Agreement had the
Recycling Center as an Unallowable Expense and not included with the ratemaking criteria. Council needed to
decide whether to imbed costs for the Recycling Center in the rates or pull it and account for it separately.
Council discussed during the September 16, 2013 Study Session keeping the Recycling Center open for an
assessment. Staff recommended two rate options, one Council would approve the First Reading with an
amendment to allow'ekpenses related to the Recycling Center to continue as an Allowable Expense until June
30, 2014 or the effective date of the Council approved Operation and Financing Contract for the Recycle Center
Operations.
City Administrator Dave Kanner added the issue with allowing it to continue as an Allowed Expense was staff
was the proposed 3% across the board rate increase. If the Recycling Center were an Allowed Expense, the
increase would be potentially more than 3% until 2015. Another option was pulling the Recycling Center out of
the Franchise Agreement, treat it almost as a second contract with Recology, and identify a separate funding
Regular City Council Meeting
September 17, 2013
Page 8 of 9
stream while the City or ad hoc committee decided the future of the Recycling Center. Mr. Hanks added the
Yellow Bag and Sticker program customers also received recycling service at no additional charge. The cost of
that service was imbedded in the monthly residential customers but not for on call service. Mr. Kanner
confirmed the 3% increase did not include the Recycling Center. Mayor Stromberg clarified if the profit was
10% of sales it worked out to 11.1 % of cost.
Public Testimony
Mark Weir/546 Scenic Drive/Explained he was a member of the Conservation Commission but spoke as a
private citizen and wanted to discuss the Franchise Agreement. The Commission made five recommendations
with only a few purpose policy additions incorporated, that he found disappointing. Recology created diversion
rates in San Francisco that exceeded other cities. He thought the City had reduced the quality of what Recology
provided for cheap rates. Making recycling difficult reduced diversion rates. Waste should be expensive and
recycling less expensive. Additionally the City needed to think about the ecosystem services affected by the
Franchise Agreement that did not require additional motor vehicle quality standards for waste collection trucks.
Recycling should be an Allowable Expense because it ultimately created a better quality of life in Ashland. He
thought the Franchise Agreement lacked research and did not reflect a community concerned about the waste it
produced. Specific recommendations included keeping the Recycling Center as an Allowable Expense, creating
an increased pay-as-you-throw program using small containers almost subsidized by larger containers. Other
mechanisms used pick-ups every two weeks to reduce regular waste. Expensive waste collection with cheaper
recycling rates drove people towards recycling.
The Conservation Commission had recommended diversion goals in the Franchise Agreement. Recology could
also help determine the current waste stream and goals to reduce. The Conservation Commission could
facilitate community wide goal setting as part of a larger sustainability plan.
Mr. Kanner explained the City was sensitive to rates. Many of the things Mr. Weir shared were pertinent to the
operations standards and not the Franchise Agreement itself. Community goal setting would be worthwhile
separate from the Franchise Agreement. In San Francisco where people pay up to $50 a month, diversion
worked well. In Jackson and Deschutes Counties rate increases contributed to a rise in illegal dumping. He
recommended Council adopt the Franchise Agreement and operations standards as written and continue working
on them. There were competing policy goals, one keeping rates reasonable and affordable and the other to
increase waste diversion. Education was the most important thing a city could do to increase waste reduction.
Councilor Lemhouse/Slattery m/s to approve First Reading of an Ordinance creating a franchise
agreement for solid waste management & collections within the City of Ashland and repealing ordinances
2829 and 2582 relating to previous solid waste franchise agreements and terms.
DISCUSSION: Councilor Lemhouse noted it was difficult trying to balance cheap rates with the best possible
service. The Franchise Agreement was a step in right direction. He supported finding a way to keep the
Recycling Center open. Councilor Slattery was interested in having the Recycling Center as a separate item on
the bill or finding another way of charging and not making it an Allowable Expense.
Councilor Rosenthal/Marsh m/s to amend the ordinance to allow expenses related to the Recycling Center
to continue to be defined as Allowable Expenses until June 30, 2014 or until Council determines an
ultimate method to fund the Recycling Center. DISCUSSION: Councilor Rosenthal explained the
amendment would give Council time to explore the issue thoroughly. Councilor Marsh added there was interest
in maintaining Recycle Center and thought the City should use the same funding method instead of finding
another mechanism. Councilor Voisin would not support the amendment and wanted a surcharge added to the
Recology bills.
Mayor Stromberg suspended the rules to hear from Recology General Manager Steve DiFabion who explained
there was a misunderstanding regarding the short-term rate. The 3% increase included continuing the operation
of the Recycling Center without subsidy. If Council removed the Recycling Center from the ordinance,
Recology might not need the 3%. If the ordinance passed as an Unallowable Expense and the Council chose to
Regular City Council Meeting
September 17, 2013
Page 9 of 9
keep the Recycling Center, it would require a subsidy or surcharge. If Council left the Recycling Center open
and approved the 3% increase, it would include the operating costs associated with the Recycling Center. If
Council found another funding mechanism by June 2014, the 3% would not necessarily come out of the
increase. It would depend on the operating ratio range and the CPI. Recology would do a calculation at that
time.
Mr. Kanner clarified annual rate adjustments occurred within a specific timeframe during the spring. A rate
adjustment if needed would happen the following year. Recology had many moving parts affecting costs.
Councilor Slattery thought it would be better to leave the Recycling Center outside the rate structure because a
surcharge could end at any time. Mr. DiFabion estimated the surcharge would be 3%. Mr. Kanner added a 3%
surcharge on a regular residential bill would be approximately .60 cents. Alternately, the City could apply a flat
$1.50 surcharge regardless of customer classification.
Councilor Lemhouse supported the premise but not the motion. A surcharge would buy the City time, provided
flexibility to stop any time as opposed to putting it as an Allowable Expense the City may have to pay with for
another year. Roll Call Vote: Councilor Morris and Rosenthal, YES; Councilor Lemhouse, Marsh,
Slattery, and Voisin, NO. Motion failed 2-4.
Councilor Voisin/Slattery m/s to keep the Recycling Center open through a surcharge from Recology and
that it sunset June 30, 2014. Roll Call Vote: Councilor Lemhouse, Morris, Voisin, Marsh, Slattery, and
Rosenthal, Yes. Motion passed.
Roll Call Vote on Main Motion as amended: Councilor Lemhouse, Morris, Voisin, Marsh, Slattery, and
Rosenthal, Yes. Motion passed.
3. Approval of a resolution titled, "A resolution approving a Jackson County Order to Initiate
formation of a Jackson County Agricultural Extension Services District and consenting to the
inclusion of the City of Ashland within the boundaries of the District"
Councilor Voisin/Rosenthal m/s to approve the resolution titled, "A resolution approving a Jackson
County Order to Initiate Agricultural Extension Service District and consenting to the inclusion of City
Territory within the boundaries of the district."
Voice Vote: All AYES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
ADJOURNMENT
Meeting adjourned at 10:26 p.m.
Dana Smith, Assistant to the City Recorder John Stromberg, Mayor
CITY OF
ASHLAND
Memo
DATE: October 1, 2013
TO: Mayor and City Council
FROM: Margaret Garrington, Chair Public Art Commission
CC: Public Art Commission Members
Ann Seltzer, staff liaison
Rich Rosenthal, council liaison
RE: Annual Report to the Mayor and City Council
Mayor and City Council,
The Public Art Commission is pleased to report our work over the past few months and our focus over
the next three years.
Gateway Proiect
The Gateway project is our primary focus and will require a significant amount of our time over the
next three years. The project is the installation of a significant piece of art in the center of the island
between the Library and Fire Station No. 1. This location was designated for public art in 2002.
We plan to post the `Call for Artist' in January 2014 inviting professional artists in the Pacific
Northwest and California with experience working in the public process to submit their qualifications
for consideration. The final installation of the site specific piece will be Fall of 2016. Attached is the
final RFQ recently approved by the PAC.
The PAC plans to use the allocation of TOT funds for public art for the Gateway project. We are
budgeting $110,000 for this significant installation. Based on the history of TOT revenues for public
art over the past few years, we anticipate that amount will be available by the autumn of 2016.
Because this is such a significant project for our community, the acquisition process goes beyond what
is required in AMC 2.29.100. We have budgeted for two site visits by up to five artists selected as first
round finalists: the first visit will enable artists to assess the Gateway location and its relationship to
the surrounding area. At this time, artists will also develop a sense of the Ashland community.
Several months later during the second visit, the artists will make oral presentations about their
conceptual proposals for the art piece at a public meeting. Each artist will be paid a stipend of $2,500
to execute and present their;conceptual proposal. Each artist will receive up to $500 per each visit to
Ashland to offset travel expenses.
Based on the conceptual proposals, a selection panel, as is required by AMC, will select one of the
artists' to finalize their proposal for execution and installation of the art work at the Gateway Site. The
panel's recommendation will then go to the City Council for approval.
The timeline for the Gateway project can be viewed at www.ashland.or.us/publicart.
Page 1 of 3
1r,
CITY OF
ASHLAND
Public Art Murals
We have nearly finalized our Public Art Mural packet, which includes the Guidelines and Process for
installing an exterior mural, an application and a copy of the required public art easement. This packet
will assist citizens to navigate the process and understand in advance the expectations and
requirements to install a mural.
The mural packet can be viewed at www.ashland.or.us/publicart
Calle Staircase
Two sculpture pedestals are located adjacent to the staircase leading from Calle Guanajuato up to
Granite Street. One pedestal has been empty for some time. We intend to post a `Call for Artist' and
post an RFP for that project in January 2014. We are currently developing a timeline for that process
and have budgeted $6,500 for the art work.
Goals and Timeline
The Public Art Commission met in March of this year to identify our goals and to develop a work plan
to implement those goals over the next three years. Our goals include:
• Complete current and ongoing projects
o Gateway project 2013-2016 (finalize RFQ, develop a timeframe, publish the RFQ, plan
community involvement, activate selection process, installation of final piece in Fall
2016)
o Calle sculpture project 201372014 (finalize RFP, develop a timeframe)
• Review, update and expand the Public Art process for the installation of public art
o Develop a process and application packet for murals 2013 (completed)
o Complete an inventory of Public Art in Ashland 2014
• Secure additional funding through grants
o Develop a grant writing strategy (ongoing)
o Develop a matrix of appropriate granting organizations and deadlines 2013
(completed/ongoing)
o Develop narratives to use in grant applications (as appropriate for specific projects)
• Identify future public art projects 2015
o Identify future sites for public art outside of downtown
o Identify placeholder for public art within the downtown
o Pursue an agreement with the Parks Commission on the placement of public art in parks
• Develop collaborative partnerships (ongoing)
o Collaborate with other Commissions on projects
o Keep Council apprised of the work of the PAC
o Seek opportunities to add aesthetic value to city-owned functional pieces
• Expand public awareness of public art (ongoing)
o Identify/develop opportunities to showcase PAC installations
o Consider hosting/participating in First Fridays
Page 2 of 3
~r,
CITY OF
ASHLAND
o Explore "coming soon" signage at public art installation sites
o Consider developing a mobile application of public art in Ashland
The goals and work plan can be viewed on the city's website at www.ashland.or.us/publicart
Thank you for the opportunity to serve our community.
Page 3 of 3
~r,
CITY OF
-ASH LAN D
Call for Artists
Gateway Island
Ashland Oregon
Requests for Qualifications (RFQ)
The Project
The Ashland Public Art Commission (PAC) seeks an artist, or artist team, to develop a site-specific,
permanent, original, three-dimensional outdoor artwork. The Ashland Gateway Sculpture Site is in
downtown Ashland, Oregon at the intersection of Siskiyou Blvd, East Main and Lithia Way. This
opportunity is open to professional artists with public art experience living in the Northwest (Washington,
Oregon, Idaho, Montana) and California. The award amount for the art piece shall not exceed $100,000.
The application deadline is 5:00 p.m. (Pacific Daylight Time), March 31, 2014.
Ashland is located in the picturesque Rogue Valley of Southern Oregon just 15 miles north of the
California border. Ashland is known as an "arts" community boasting numerous art galleries and
attracting art-savvy visitors both for the performing arts and the visual arts. This unique opportunity
provides public art for the enjoyment of Ashland citizens and visitors.
Proiectlntent
The vision for this artwork is to add a signature installation to the City of Ashland's Public Art Collection,
place Ashland in a contemporary context within today's world, add to the city's visual landmarks, and aid
in strengthening economic development and tourism. Additionally this site-specific artwork is meant to:
• become iconic to Ashland and enrich the spirit and pride of the community,
• create excitement and interest for the community,
• challenge the viewers traditional perspective on art,
• enhance the experience of entering the downtown core, and
• encourage people to reflect on the larger world community
The Award(s)
• $2,500 each for up to 5 artists to develop a concept proposal for a site-specific artwork.
An all inclusive award of $100,000 for the artwork is projected. This budget includes artist fees,
travel, and all costs associated with fabrication of the art work, mounting pedestal, delivery, and
installation.
The Process
This request for qualifications is Phase One of the intended project. The phases detailed below, after
Phase One, are an outline for how the project would progress with timing estimates.
RFQ Page 1 of 4 January 2014
Phase One: RFQ Submission Deadline is March 31, 2014
March 31, 2014 is the deadline for submissions (see How to Apply). The PAC will review the submissions
and select up to 5 artists from this initial process to create art work concept drawings and to develop
formal proposals for the original site-specific piece. The artists, selected on the basis of their qualifications
to continue the process, will be notified by June 30, 2014.
Phase Two: Art Work Concept Proposal Deadline is April 30, 2015
The selected artists must travel to Ashland to meet with PAC representatives for a site visit before
October 15, 2014. Each of the selected artists will then receive a contract for $2,500 to develop a concept
proposal for their site-specific artwork. The concept proposal deadline is April 30, 2015 and is to include a
detailed budget, working drawings, and/or maquettes.
Phase Three: Presentation of Art Work Concept Proposals is September,2015
Formal Conceptual Proposals for the art work will be presented by the artist to the PAC, the community,
and the artwork selection panel in Ashland, Oregon on a date in September 2015 to be determined. The
artist is required to present their proposal in person.
Phase Four: Art Work Commission Notification Deadline is December 1, 2015
The PAC will commission one artist to realize their work based on the formal art work concept proposal.
The selected artist will receive a contract commission of up to $100,000.00 for all remaining elements of
the project including final design, engineering, fabrication, mounting infrastructure, shipping, and
installation. Installation of the artwork is projected to occur in the fall of 2016.
Eligibility
The competition is open to established professional artists living in the Northwest (Washington, Oregon,
Idaho, Montana) and California. While artists whose work is well represented in the City's collection are
eligible to apply, the artist selection panel will consider contribution to the artistic diversity of the City's
collection as one factor in the selection process. Students are ineligible to apply.
The selected artist will work with the community, the Public Art Commission and City staff to create a site-
specific, durable art piece for this outdoor site. Artists should have experience working within the public
process in public settings, as well as, a proven ability to fabricate their own work or to work with
fabricators and installers. The piece for this site should be an original, reflect artistic excellence, and be
able to be adequately and safely displayed, maintained and secured.
The selected artist will be required to provide evidence of appropriate liability, property damage, and
workers compensation insurance while working on the site.
How to Apply
All submittal requirements must be contained in a single pdf document with page numbers and include
the following items in the order listed below. The qualifications package will not be considered if
incomplete.
1. Letter of Interest, no more than one page in length, which explains your interest in the project.
Please include your name and contact information including address, phone number, email, and web
site.
RFQ Page 2 of 4 January 2014
2. Artist's Statement, no more than 200 words in length, describing your work.
3. Current Resume. If submitting as a team, an individual resume should be submitted for each team
member. Resume should reflect artist experience designing, fabricating, and installing artwork in
outdoor public settings.
4. A list of at least three professional references with an intimate knowledge of your work and working
methods in public settings. The list must include the reference name, title, agency/business, complete
address, email, and telephone number. Also include the title and location of the art work created for
the reference.
5. Images of Work. Up to 10 images of relevant work samples must be included in the pdf document
(no jpeg images). The images should be numbered, sized as a 5"x7", and labeled with the title of the
piece, the medium, the date, and the dimensions of the artwork. Artists applying as a team may
submit work samples of each individual artist's work.
O to ional: The artist may include up to three selections of support materials such as reviews,
news articles, and other related information.
Submit the final pdf document with all required materials electronically to seltzers cDashland.or.us and
include Gateway Art Project in the subject line. All submittals will receive an email confirming receipt. Late
applications will not be considered.
Materials must be received by 5 pm on March 31, 2014 Pacific Daylight Time (PST).
Selection Criteria
Criteria for selection of finalists include:
• professional qualifications
• proven artistic merit
• body of work
• experience working within the public process
• demonstrated skill fabricating and installing permanent artwork suitable for the outdoor environment
• artistic excellence with the proven ability to create a high quality, easily maintained, durable large
scale artwork
• proven capacity to deliver the project requirements on time and on budget
Only artists who meet these criteria should apply. References provided as part of this application will be
contacted prior to final selection.
Selection Process
The selection process includes several steps:
1. The Public Art Commission will review each artist's qualifications package and select up to 5
finalists to prepare a concept proposal for the art work. Prior to preparing the proposals, the
finalists should plan to visit the site and are encouraged to dialogue with the community before
October 15, 2014. Selected artists will receive travel expenses not to exceed $500.00 for their
participation in this stage of the selection process. Only one artist on an artist team will be
compensated for travel expenses.
2. After the first site visit, the finalists will be asked to develop an art work concept proposal to
include working drawings for the site specific art piece, including materials, size, weight,
installation requirements, durability, maintenance guidelines, safety considerations, and budget
with line items detailed. The concept proposal, due by April 30, 2015, will be reviewed for
RFQ Page 3 of 4 January 2014
completeness by the Public Art Commission and city staff. Only complete submissions will be
considered. Those artist proposals meeting the requirements are then required to visit Ashland
on September 14, 2015 to present their proposals to the community at a public meeting. The
selected finalists will be compensated $2,500 plus travel expenses, not to exceed $500.00, for
their participation in this stage of the selection process. One artist on an artist team will be
compensated for the concept proposal and travel expenses.
3. Following the presentation by the artist to the community, an artwork selection panel, separate from
the Public Art Commission, will review the submissions and select one artist's concept proposal for
recommendation to the city council for the art work commission. The selected artist will be notified of the
award by December 1, 2015.Beyond formal notification, the Public Art Commission will not enter into any
correspondence regarding the selection process or decision.
Information about the site
This site-specific artwork will be installed at the Ashland Gateway Sculpture Site in downtown Ashland,
Oregon at the intersection of Siskiyou Blvd, East Main and Lithia Way. The PAC has attached documents
to describe the location. It is a prominent city center location with strong visibility in all directions. Attached
are:
• Physical Site review
• Photographs of site (4 views)
• Site plan
Additional Information
If you have any questions or need any additional information, please call Ann Seltzer at (541) 552-2106
or email: ann(d)ashland.or.us
• The PAC reserves the right to accept or reject any and all applications, or commission an artist
through another process.
• Artists submitting qualifications and subsequent concept proposals for review will receive written
notification of the results of the selection process.
• Submitting an application does not constitute an expressed or implied contract.
RFQ Page 4 of 4 January 2014
Physical Site Review
Gateway Art Site
Ashland, Oregon
On Site
1. The proposed location of the art work is the landscaped circular center of a triangular
traffic island, surrounded on all sides by main arterial streets leading from or to the
downtown district. This location is the easterly "gateway" to the main downtown
district of Ashland
2. The main city fire station, library, single story office building, and a gas station are across
streets from the traffic island
3. The circular area proposed for the art work is surrounded by pavers and then a circular
cement walkway
4. Trees and shrubs intermittently line the perimeter of the landscaped site
5. Center location allows art to be clearly viewed by pedestrians from all angles
6. This location has been used for many years for the December Holiday tree. A conifer
tree has been planted adjacent to the paving to be used in the future as the Holiday tree
7. On site visual distractions are limited as the site feels large and open with the protection
of the perimeter trees
8. Traffic noise is apparent
9. There are two existing benches and a water fountain
10. Access is good with three well marked pedestrian crossings from Lithia Way, Main St,
and Siskiyou Blvd
11. Presumably, if needed, the circle could be enlarged some by removing strips of pavers
without impacting open circulation for pedestrians
12. Vegetation in circle can be removed or altered to accommodate art work
13. Vegetation on perimeter, particularly trees, cannot be removed or altered to improve
site lines to art work
14. A number of underground utility lines exist under the island
Pedestrians/Bicyclists
1. Generally a pass by versus a sit and linger space, noise levels vary depending on
traffic
2. Very visible to pedestrians from all angles near to site, and revealed from a distance
depending on elevation, landscaping, and the affect of surrounding buildings on site
lines. There is quite a lot of pedestrian and bicycle usage of the sidewalks and
bikeways just off site.
3. Pedestrian crossings provide access to site from three sides and are used to access
bus stop, library, and nearby downtown from homes in the railroad district and
along Siskiyou Blvd. Approximately one mile south on Siskiyou Blvd is Southern
Oregon University
4. Visible to people waiting at bus stop in front of library
5. Visible to people descending library stairs
6. Visible to people from front of fire station
7. Visible from the peace wall mural
8. Obscured visibility from within library due to tree canopy
9. Little to no visibility for gas station patrons due to elevation change, walls and
vegetation
Vehicles
1. Lots of visual competition and screening particularly when approaching site in a vehicle
from downtown Ashland due to directional signs, light poles, and trees
2. People in vehicles also have competition for their attention from traffic, signage,
pedestrians crossing, bicyclists, library, peace wall, fire station, and landscaping
3. Due to elevation change the site is gradually revealed to vehicles approaching up Main
St from downtown. The trees on the perimeter of the site, particularly when leafed out,
partially obscure the view. However, as vehicles pass directly by or wait at the traffic
light at Lithia Way and Main St the site is visible between the tree trunks
4. View of the site is almost completely obscured to vehicles approaching the site on
Siskiyou Blvd from the east side of town by a large conifer and shrubs. However, the
site is revealed and becomes very visible as the conifer is approached and passed.
Vehicles stopped at the light have a full view.
5. The fire station building screens view of the site for vehicles approaching on Main St
toward Lithia Way, but at the light have a clear view under the canopy of two trees
Gateway Island/RFQ Photos/Art to be sited in center of circle
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Gateway Island from Fire Station roof
1
Pedestrian View towards Fire Station
2
3
Pedestrian view with Fire Station to the left out of the picture and Library to the right out of the picture
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Gateway Island in the center of the picture towards Library
4
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Pedestrian view towards Library (left and center) with back to Fire Station
5
AGENDA FOR A MEETING OF THE
ASHLAND FIREWISE COMMISSION
Wednesday, August 21s`, 2013 12:OOPM to 1:OOPM
Conference Room, Ashland Fire Station #1
455 Siskiyou Blvd
1. CALL TO ORDER
Note meal source and amount: Big Town Hero $85.58 ($10.69 each) Number Attending: 8
II. INTRODUCTIONS: Guests: Chris Chambers, Chief John Karns. Attendees: Kimberley Summers, Ali True,
Jkathy Kane, katt Warshawsky, Annette Herron,-*Ac Olson. Absent: Kelly Eaton, Pete Norvell. One vacancy.
III. APPROVAL OF MINUTES: June 19'h, 2013 meeting Approved 12:03 pm Eric Olson, 2"d Annette Herron.
IV. PUBLIC FORUM- None
V. ADJUSTMENTS TO THE AGENDA - None
VI. BUSINESS
A. Update on meeting with Recology Ashland Sanitary regarding 2014 Firewise Clean-Up Day: Olsen, True-
the Recology staff meeting was fantastic; they are definitely supportive of our annual Firewise event. A plan
for next year was discussed, what worked and what could be improved. They are willing to do the same one
annual weekend in May, on a Sunday, at the Valley View Transfer Station. They are supporting the
community; this is not a profitable experience for them. The volunteers will be checking ID and directing the
flow. We will continue to promote and advertise for this event.
B. AIR program: September 7'h "Ashland Is Ready"; the Fire Department is in charge of the emergency
management in the city, this is a workshop for emergency preparedness for the citizens of Ashland. We will
have an AM & PM session located at the Ashland Historic Armory. The cost is $5.00 per person. If you are
interested you can check with Kimberley at the front desk at Fire Station 1.
C. Report on Fire Adapted Communities (FAQ: Chambers- Slide show provided" Western Wildfire costs push
past $lb mark on the front page of the Daily Tidings today, indicates national attention and scale to wildfire
and FAC is a way to promote local solutions. Wildfire Management Strategy slideshow presentation
followed. City of Ashland will be pursuing this strategy, Firewise is a part of it, but there are many more
aspects to program.
• Wildfire Response
• Restoring and Maintaining Fire Resilient Landscapes
• Create a Fire Adapted Communities
Proposed: What needs to happen? Firewise Commission becomes the FAC steering committee
Develop a process to update the community wildfire protection plan (CWPP), Commissioners would
shepherd that process and elicit community comments and participation.
Establish priorities and action plans in four areas, Built, Social, Natural, Response
Marshal the appropriate community stakeholders at each stage of process
Olson: what kind of staff resources or budget are available to support FAC program?
Some software available to complete assessments of structures, Chambers is training the weed abatement
coordinator.
Building/vegetation codes and ordinances are part of the package that Committee/Commission would be
working on.
Chambers: Committee should meet 2-3 hours outside of Commission a month and he will be devoting more
of his time to the Committee. Chambers will be at next meeting to answer questions and continue
conversation.
VII. COMMISSIONER COMMENTS
VIII. REVIEW AND SET COMMISSION CALENDAR / NEXT MEETING
A. Next meetings: September 18'h and October 16'h, 2013
IX. ADJOURN: 1:00 PM
In compliance with the Americans frith Disabilities Act, fyou need special assistance to participate in this meeting, please contact the Public Works Office at
488-5587 (77T phone number 1 800 735 2900). Notification 48 hays prior to the meeting will enable the Ciry to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
CITY OF
ASHLAND
ASHLAND HOUSING COMMISSION
MINUTES
July 24, 2013
CALL TO ORDER
Chair Regina Ayars called the joint meeting between the Housing Commission and the Homelessness Steering
Committee to order at 4:00 p.m. at Council Chambers located at 1175 East Main St. Ashland, OR 97520.
Housing Commissioners Present: HSC Members Present: ouncil Liaison
Regina Ayars, Chair Laura O'Bryon Pam Marsh
Michael Gutman Graham Lewis
Barb Barasa Sara Hopkins-Powell, Co-Chair OU Liaison
Gina DuQuenne Heidi Parker ndrew Ensslin
Rich Rohde, Co-Chair
Connie Saldana M Present:
Paula Sohl Linda Reid, Housing Specialist
Regina Ayars Carolyn Schwendener, Ad min Clerk
APPROVAL OF MINUTES
DuQuenne/Gutman m/s to approve the minutes of the June 26, 2013 regular Housing Commission meeting. Voice
Vote: All Ayes; minutes were approved as presented.
Hopkins-Powell/Parker m/s to approve the minutes of the July 10, 2013 Ad-Hoc Homelessness Steering Committee
with one correction. Voice Vote: All ayes; minutes were approved with correction.
PUBLIC FORUM
Abby Hogge/1700 Parker StreeVAsked the Housing Commission to consider focusing on the affordability of the
ownership market. According to the City website families earning a decent wage in our area still cannot afford to
purchase homes here. By supporting local home owners by allowing them to host short term guests helps support
the city, tourists and home owners alike, stated Hogge. Hogge strongly urges the Commission to support Short
term rentals in residential zones.
Michael Dawkins/646 E Main/is a ten year member of the Planning Commission. Dawkins suggested that like
Aspen Colorado the affordability of homes in Ashland is slowly going away due to land values becoming so
extreme. What used to be affordable has become unaffordable. Dawkins idea is when a house is removed on a
property only the footprint of the house that existed can be utilized in rebuilding. The city has enough vacant lots
to meet the desires of those who might like to move in to our community and build larger homes, said Dawkins. By
capping the existing footprints this would help with the inventory of smaller more affordable homes.
HOUSING AND HUMAN SERVICES COMMISSION ORDINANCE
Three drafts were presented to the Commissioners. Staff prepared the initial draft in May which was reviewed by a
subcommittee consisting of two members of the Housing Commission and two members of the Homelessness
Steering Committee. Their recommended changes were added and then a third draft was created in response to
further input from the Community Development staff.
The items of discussion were; membership total and better definition of what was meant by the term "Community
Development". Staff also added an additional power and duty "To evaluate, review, and recommend to the Planning
Commission and City Council innovative land use strategies targeted at promoting a broad variety of housing
types."
A discussion followed. Though most Commissions within the city have a membership of seven the Commissioners
did not see the benefit of consistency to all Commissions with that number. Due to the amount of work the group
would like to accomplish and the need for sub committees a larger number of Commissioners would be beneficial.
Due to the added duties and powers it was suggested to begin the Commission with nine members and then
evaluate it in six months. In the past the Homelessness Steering Committee has not had trouble maintaining their
membership at nine.
The Commissioners agreed that they liked the additional powers and duties included in item "H" of the ordinance
(To enhance cooperation between the public and private sectors by promoting integrated approaches that provide
decent housing, a suitable living environment, and expanded economic opportunities for low and moderate income
persons) and item "J" (To evaluate, review, and recommend to the Planning Commission and City Council
innovative land use strategies targeted at promoting a broad variety of housing types)
Housing Commission recommendation;
Gutman/DeQuenne m/s to accept draft number three with the change of the membership back to nine.
Voice Vote; All ayes motion passed unanimously.
Homeless Steering Committee recommendation;
Graham/Rohde m/s to accept draft number three with the exception of the change of membership from
seven back to nine. Voice Vote; All ayes motion passed unanimously.
Reid explained that currently this ordinance is in legal review. Reid will send forward the Commission's
suggestions to Legal which will then go to the City Council. The first reading before City Council will be
August 20, 2013. The ordinance then goes back for Legal review and on to City Council on September 3, 2013 for
second reading. It takes thirty days before an Ordinance goes into effect which would be October 3, 2013. A
resolution will be going forward at the same time to dissolve the homelessness steering committee. This resolution
dissolves the Housing Commission.
The Commissioners agreed that it would be important for each of them to communicate to the Mayor the
importance of appointing members so as possible so they do not lose momentum.
Fair Housing Presentation
Louise Dix is the Southern Oregon representative for the Fair Housing Council of Oregon. The Housing
Commission is interested in making Student status a protected class under Ashland's Fair Housing Ordinance and
invited Louise Dix to give a presentation on Fair Housing. Attached is the presentation that Dix presented.
Dix acknowledged that Bob Lohman from Corvallis is the one who handles issues regarding students. Dix
suggested that they invite Mr. Lohman in for a discussion. We need to discuss with him what the pros and cons
are. Currently no jurisdiction has students as a protected class though some do have age as a protected class
which does partly address students. The Commissioners agreed it would be good to have communication with the
different groups that would be impacted by this.
The Commissioners thanked Dix for the great information she provided.
LIAISON REPORTS DISCUSSION
Marsh - Councilor Marsh was not present
Staff - Reid mentioned that there was a good training at the Homeless task force meeting about mental health first
aid.
General Announcements - Ayars announced that there will be an open house tomorrow for the six affordable
units at Hyde Park located at 2272 Dollarhide. The project was funded though the Community Development Block
Grant funds.
August 28. 2013 Meeting Agenda Items
Quorum check, all members confirmed they will be here
UPCOMING EVENTS AND MEETINGS
Next Housing Commission Regular Meeting
4:00-5:45 PM; August 28, 2013 - Council Chambers -joint meeting ;ZV
Next Homelessness Steering Committee Regular Meeting
4:00-6:00 PM; August 14, 2013-Ashland Library
ADJOURNMENT - The meeting was adjourned at 5:50 p.m.
Respectfully submitted by Carolyn Schwendener
' r
CITY OF
ASHLAND
Council Communication
October 1, 2013, Business Meeting
Approval of a Contract Amendment for
Southern Oregon Transportation Engineering
FROM:
Michael R. Faught, Public Works Director, Public Works Department, faughtm@ashland.or.us
SUMMARY
Southern Oregon Transportation Engineering (SOTP) was hired in January 2013 by the City of
Ashland Engineering Department to provide an objective traffic engineering evaluation of the pilot
North Main road diet. The analysis and scope of work has evolved over the past nine months to include
many additional items. The additional contract work will exceed the 25% threshold and thus requires
Council approval. The cost for this engineering analysis will be reimbursed through the ODOT Bike
and Pedestrian grant fund.
BACKGROUND AND POLICY IMPLICATIONS:
As part of the scope of the project Southern Oregon Transportation Engineering was originally
required to do the following things:
1. One time each month from 3:30AM.-5:30 PM:
• Complete a stopped delay count on Wimer and Hersey side streets
• Complete a gap count on Main Street at Hersey/Wimer intersection
2. Once a quarter evaluate the AM peak hour or look at alternate concerns
3. Compile and evaluate data
4. One time each month evaluate:
• Vehicle counts
• Vehicle speeds
• Cyclist data from ODOT
• Tube count data
• Evaluate trip time in AM and PM
5. Additional meeting time
6. Attend 2 meetings for a total of 8 hours between January and September
7. Prepare final technical memorandum to include all analysis and data generated during project.
(1 electronic copy provided of all documents in their native format)
As the analysis evolved, so did the time and effort required by the consultant. Additional work to this
point has included additional meetings with staff and citizens, additional work training volunteers on
intersection counts, review and analysis of Open City Hall road diet comments, road diet presentation
to the Oregon Transportation Commission, and additional stop delay and gap counts. This additional
effort will help both citizens and the Council to understand how the road diet is functioning when
Page 1 of 3
LITAWA
CITY OF
ASHLAND
compared to the previous striping configuration. The traffic engineer will present all data and answer
questions in November to assist the Council in making final decision on whether to keep the current
road diet configuration or return to the previous configuration.
Project History:
Reconfiguring North Main from four-lanes to three-lanes with bike lanes was first considered as a road
safety project in 2007, then again in 2009 by HBH Consulting Engineers. HBH Consulting Engineers
has previously completed a traffic impact study for the potential closure of the Glenn Street rail
crossing and analysis of two intersections on North Main.
Ultimately the final recommendation to implement the road diet as a pilot project developed during the
Transportation System Plan (TSP) update process and was then thoroughly vetted by the
Transportation Commission. The pilot road diet project recommendation is consistent with the TSP
goal to integrate multimodal transportation with future land use and with the State of Oregon's
transportation planning rule that requires that alternative travel modes be given consideration along
with automobiles.
Following a Public Hearing at the August 2, 2011 council meeting, the City Council approved the one-
year pilot North Main road diet project and directed the restriping to occur after the realignment of the
Hersey/Wimer/North Main intersection was completed. The Hersey/Wimer/North Main realignment
project was completed on October 1, 2012 followed by the completion of the North Main one-year
Pilot project on October 20, 2013.
The criteria to measure the success of the North Main pilot road diet project are based on the
following:
• Reduction of the annual average number and severity of crashes.
• Reduction of the 851h Percentile Speed closer to the posted speed limit.
• Increased bicycle and pedestrian volumes.
• Maintaining an average vehicle travel time of 4 minutes and 20 seconds or less from
Helman Street to the north end of the project.
• Increased support for keeping the road diet after the trial period.
FISCAL IMPLICATIONS:
The original contract for SOTP was $17,000 and due to an increase in meeting attendance and
additional analysis the contract will require another $9,000 to complete. The City will be reimbursed
for the original contract costs, as well as the additional costs referred to in this request for an
amendment, through ODOT's Bike and Pedestrian Grant fund.
STAFF RECOMMENDATION AND REOUESTED ACTION:
Staff recommends' approving the contract amendment in order to complete the post road diet
construction analysis and provide critical information to both the Council and public with regards to
the road diet striping project.
SUGGESTED MOTION:
Move to approve a contract amendment with Southern Oregon Transportation Engineering for $9,000
for the post road diet construction analysis.
Page 2 of 3
1r,
CITY OF
-ASHLAND
ATTACHMENTS:
1. SOTP Contract Amendment
2. SOTP Contract Amendment Form #10
Page 3 of 3
SO Transportation Engineering Personal Services Contract Amendment - Post Road Diet-9-12-13
Invoice # Work Performed Outside of Contract Hours Cost
January-August of 2013
399 April citizen meeting 2 250
Data provided to Transportation Commission 1 125
405 April meeting with volunteers 2 250
Preparation of revised count sheet 1 125
412 June meeting with volunteers 2 250
Preparation of monthly memos for City's website 1 125
414 Meeting with Mayor and Public Works Director 3 375
Meeting with Public Works Director 3 375
Training meeting with staff to count intersections 3 375
Evaluation of side street data 1 125
Response to citizen comments on City's website 2 250
Letter preparation for August City Council meeting 8 1000
Attendance at August City Council meeting 3 375
Total 32 4000
Work to perform under existing contract - Post Road Diet 9-12-13
Task Work to provide under existing contract Hours Cost
1 Complete a stopped delay count on Wimer and Hersey in September 4 500
Complete a gap count on Main Street in September 2 250
Compile and evaluate data for September 2 250
2 Evaluate vehicle counts, speeds, and cyclists data for September 2 250
from tube count data
3 Evaluate trip time in AM and PM for the month of September 4 500
4 Prepare a final technical memorandum 0 0
5 Attendance at City Council Meeting 3 375
Total 17 2125
Additional work in September and October outside of existing contract - Post Road Diet 9-12-13
Task Requested work to provide in September and October that is Hours Cost
not covered in existing contract
1 Provide stopped delay and gap counts at Hersey/Wimer/Main in October 8 1000
2 Evaluate vehicle counts, speeds, and cyclist data from tube counts in October 2 250
3 Evaluate trip time in AM and PM for the month of October 4 500
4 Prepare for and attend an Oregon Transportation Commission (OTC) meeting 6 750
with ODOT
5 Provide stop sign delay studies at Bush Street and Glenn Street 6 750
6 Respond to citizen comments from City's open forum 3 375
7 Provide additional vehicular counts at Grant and Sheridan (PM peak hour) 6 750
8 Provide design input to City staff for proposed Road Diet alternatives 3 375
9 Meet with Ashland Police Department and discuss crash data 6 750
10 Attend Jefferson Public Radio Interview with Public Works Director 3 375
11 Prepare for final Road Diet hearing (City Council meeting) 10 1250
Total 57 7125
* Contract Amendment to include compensation for work performed to date that was not part of contract
as well as additional work requested to be performed in September and October of 2013
Additional work to date $4000
Work to still be performed within contract $2125
Additional work for September and October $7125
Total amendment = $4000-$2125+$7125 = $9000
FORM #10 CITY OF
CONTRACT AMENDMENT APPROVAL REQUEST FORM
Request for a Change Order
Name of Supplier) Contractor 1 Consultant: Southern Oregon Transportation Engineering, Kimberly T66Q%0i"f Afi15 -
Parducci mconfTa~lm nt
Purchase Order Number: 001 it,
F r
Title 1 Description: Post Road Diet Construction Analysis a
® Per attached contract amendment
Contract Amendment
Ori.9
final contract amount $17,000 100 % of original contract
Total amount of previous contract amendments $0.00 % of original contract
Amount of this contract amendment $9,000 34.6 of original contract
TOTAL AMOUNT OF CONTRACT $26,000 134.6 % of original contract
In accordance with OAR 137-047-0800:1) The amendment is within the scope of pmcuremem as described in the solicitation documents, Sale Source notice or approval of Special
Procurement. 2) The amendment is necessary to comply with a change In law that affects performance. of the contact. 3) The amendment results from renegotiation of the lens and
conditions, including the contact price, of a contract and the amendment is advantageous to the City of Ashland, subject to all of the following conditions: a) goods and services
to be
provided under the amended contract are the same as the goods and services to be provided under the unamended contract; b) The City determines that, withal[ things considered,
the
amended contact is at least as iawmble to the City as the unamended contact; c) The amended contract does not have a total term greater than alloved in the salutation document,
contact or approval of a Special Procurement An amendment is hot within the saws of the procurement a the City determines that if It had described the charges to be made by the
amendment in the procurement documents, a woud likely have increased competition or affected award of contract.
Contract amendment is within the scope of procurement: YES YES NO• Of "NO", requires Council approval f ANach cow of CC.)
Sourcing Method:
SMALL PROCUREMENT - Less than $5,000 INVITATION TO BID or COOPERATIVE PROCUREMENT, ORF or
❑'YES', the total amount of contact and cumulative REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 250
amendments s $6,000. ❑ TES', the total amount of cumulative amendments ❑ "YES', the total amount of orginal contract and
s
❑ff'NO', amount exceeding authority requires s259/6 of original contract amount or $250,000 cumulative amendments s$100K for Goods&Services,
Council approval. Attach copy of Council whichever is less. $76K for personal Services, <$50K for Attorney Fees.
Communication. ❑ fr'119, amount exceeding authority requires ❑ If'NO", amount exceeding authority requires Council
❑ Exempt-Reason: Council approval. Attach copy of Council approval. Attach copy of Council Communication.
PERSONAL SERVICES Communication. ❑ Exempt-Reason:
®'YES',Direct appointmnts$35,000 ❑ Exempt-Reason:
❑ IYNO',reuiresa roval.
INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT
Goods 8. Services-$5000 to$100000 ❑'YES', the total amount of cumulative amendments ❑ Written Findings: Document the rehire of the
personal Services-$5000 to 375000 <25% of original contact amount or $250,000 emergency, including necessity and cirmntances
❑ 'YES', the total amount of cumulative whichever is less. requiring the contact amendment
amendmari 25% of original contact amount. ❑If ❑If"NO', amount exceeding authority requires ❑ Obtain direction and written approval from City
'NO', amount exceeding authority requires Council Council approval. Attach copy of Council Administrator
approval. Attach copy of Council Communication. Communication. ❑ If applicable, attach copy of Council Communication
❑ Exempt-Reason: ❑Fxem t - Reason: ❑ Exempt-Reason:
SPECUIL PROCUREMENT INTERGOVERNMENTAL AGREEMENT
❑'YES', the total amount of original contract and cumulative amendments are ❑'YES', the originalconhactwasapprovedby City Council.
within the amount and terns initially approved by Council as a Special provide date approved by City Count (Date)
Proaament. If'NO', Council approval's required. Attach copy of Council Communication.
❑ If'NO', ammntexmeding au0writyrequires Council approval. ❑ Contact amendment approved and signed by City Administrator.
Attach copy Council calion.
Project Number Account Number- Account Number -
'Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Affach extra pages if needed.
Employee Signature: Department Head Signature:
(Equal to or greater than $5,000)
City Administrator:
(Equal to or greater than $25,000 or fe%)
Funds appropriated forcurrentfiscal year. YES/NO
Finance Director (Equal to orgrearerthan $5,000) Date
Comments:
Form 410 - Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1, 9/24/2013
CITY OF
ASHLAND
Council Communication
October 1, 2013, Business Meeting
Solid Waste Franchise Ordinance
FROM:
Adam Hanks, Management Analyst, adam@ashland.or.us
SUMMARY
At its September 17, 2013, regular business meeting, Council approved the first reading of a Solid
Waste and Recycling Collections Service Franchise Ordinance. In subsequent meetings with Recology
Ashland Sanitary, several suggested modifications to the ordinance language were proposed and
agreed upon by Staff as worthy for inclusion for the second reading of the ordinance.
The attached ordinance includes notations of the proposed edits and will be read as part of the record
should Council agree with the suggested changes. This ordinance will replace the existing 1990 Solid
Waste Franchise Ordinance and will require Council, by separate resolution and contract, to re-issue
the award of the Solid Waste Franchise to Recology Ashland Sanitary initiate the responsibilities,
terms and requirements as Franchisee set forth in the new Franchise Ordinance.
BACKGROUND AND POLICY IMPLICATIONS:
The current solid waste ordinance was established in June of 1990. The three page document granted a
15 year exclusive solid waste collection franchise to Ashland Sanitary Service (now Recology Ashland
Sanitary). In September of 1998, the franchise right was extended to March of 2018.
The updating and formalizing of the responsibilities, terms and requirements of a Solid Waste and
Recycling Collections Franchise was divided into three components;
1) A Franchise Ordinance that forms the overall, long term structure of the relationship between
the City and Franchisee
2) A Resolution approving both the Administrative Operations Standards and Rules that contains
specific service levels, frequency of service, collection responsibilities, education/outreach
standards, etc and the proposed customer rates by service type.
3) A Resolution awarding the Solid Waste Franchise to Recology Ashland Sanitary and
authorizing the City Administrator to execute a contract to recognize the award.
~.L.
The approval of the second reading of the Franchise Ordinance will accomplish the first component
and the two subsequent Resolutions satisfying the remaining two components can be accomplished by
Council through separate action later in the October 1, 2013 meeting agenda.
Should Council approve the Ordinance and associated Resolutions, the Franchise update process
would be complete with all terms, conditions and responsibilities scheduled to be in effect and
Page 1 of 3
rin,
CITY OF
ASHLAND
enforceable on December 1, 2013, with the exception of any approved rate adjustments, which, by
virtue of quarterly billing cycles, would be in place January 1, 2014.
Policy Issues - Franchise Ordinance
Of the significant key issues discussed in previous meetings, the following policy issues reside within
the Franchise Ordinance itself:
1) Term - The initial term of the franchise award is 10 years, which allows the Franchisee to
make appropriate capital investments and depreciate the assets over the initial agreement
length with a certain degree of revenue stability over that timeframe. Subsequent awards are
allowed as annually approved seven year awards.
2) Service Rates - The ordinance establishes annual rate adjustments based on a Consumer
Price Index (CPI) with the objective of providing the Franchisee with the ability to maintain
an operating margin roughly equivalent to ten percent of gross revenues and allows larger
rate adjustments only if the annual adjustments fall below eight percent or above twelve
percent. This provides rate stability for the customer and predictable revenue forecasting for
the Franchisee.
3) Allowable Expenses - The ordinance includes detailed definitions of what types of expenses
are allowed to be utilized by the Franchisee in setting rates. The removal of the costs
associated with the Recycle Center as an allowable expense is a key policy issue in this
section.
4) Reporting and Audits - The ordinance provides greater detail on the types of data and
analysis to be provided by the Franchisee with the objective of ensuring the City understands
and concurs with the key financial and operating metrics of the services being franchised.
FISCAL IMPLICATIONS:
The proposed changes to the overall update of the solid waste franchise agreement (ordinance and
resolutions) have many different financial implications to a variety of different groups/customers
within the community, as well as to the City itself.
Fiscal implications associated specifically with the Franchise Ordinance document center on two of the
key policy issues noted above; the service rate structure establishing a CPI annual adjustment
methodology and the removal of the Recycle Center as an allowable expense for rate setting purposes.
Both play a role in the development of proposed rates that will be a part of the Resolution deliberation
subsequent to the final approval of the Franchise Ordinance, but are not able to be independently
calculated based on their relationship to the other components proposed in the Administrative
Operations and Rules Resolution.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that Council approve second reading of the Ordinance with the proposed
modifications.
Page 2 of 3
17M
CITY OF
ASHLAND
SUGGESTED MOTION:
I move to approve second reading, including the proposed modifications, of an Ordinance creating a
franchise agreement for solid waste management & collections within the City of Ashland and
repealing ordinances 2829 and 2582 relating to previous solid waste franchise agreements and terms.
ATTACHMENTS:
Draft Ordinance - Solid Waste Management & Collection
City of Ashland Ordinance 2582 - Existing Solid Waste Franchise
City of Ashland Ordinance 2829 - Extension of Ordinance 2582
Page 3 of 3
~r,
ORDINANCE NO.
AN ORDINANCE CREATING A FRANCHISE AGREEMENT FOR SOLID
WASTE MANAGEMENT & COLLECTION WITHIN THE CITY OF
ASHLAND AND REPEALING ORDINANCES 2829,and 2582 AND XXX ,
RELATING TO PREVIOUS SOLID WASTE FRANCHISE AGREEMENTS
AND TERMS
WHEREAS, Oregon Revised Statutes Chapter 459 grants the City the authority to regulate solid
waste collection and mandates the development of a recycling program; and
WHEREAS, the City desires to insure efficient and comprehensive materials waste
management and collection services are available to all residents, businesses and organizations in
the City
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Title. This ordinance shall be titled and referred to as the "Solid Waste
Management Franchise Ordinance".
SECTION 2: Purpose. It is the policy and purpose of the City of Ashland to protect the health,
safety and welfare of the citizens and physical environment of Ashland through the regulation of
solid waste management. This regulation will:
a) Insure safe, economical, efficient and comprehensive solid waste management services
(SWMS) as further defined in this-Ordinance agreement;
b) Assist the community in reaching and surpassing recycling and waste diversion rates of
the Jackson County waste shed;
c) Insure fair and equitable service rates and charges across all customer classes to achieve
safe and efficient collection, transportation and recover of solid waste, recyclables and
compostable materials;
d) Meet or exceed all applicable Oregon Revised Statutes (ORS) 459 regulations relating to
Solid Waste Management prescribed to local jurisdictions and their authorized
franchisee; and
e) Insure consistent and responsive service and communication with citizens regarding solid
waste management operations, education and requirements including waste prevention,
product life cycle impacts, waste diversion opportunities, recycling best practices and
standards and general waste shed stewardship.
Ordinance No. Page I of 21
SECTION 3: Scope. Services defined, regulated and authorized in this ordinance are applicable
only within the city limits of the City of Ashland and all future urban growth boundary
annexations occurring during the term of this ordinance.
SECTION 4: Definitions. Except where the context clearly indicates a different meaning, or
where a term is defined below, definitions contained within ORS 459.005 at the time of adoption
or as further amended in the future, and regulations promulgated under state law are applicable to
this ordinance.
Administrative Operations Standards and Rules
All standards and rules approved by resolution of Council defining specific operating rules
and procedures that support and insure compliance with this Ordinance.
Affiliated Company
Any company which shares expenses and/or revenues with the Franchisee with respect to the
services under this Franchise Agreenwnt-and is: 1) the parent company (corporation,
partnership or limited liability company) of Franchisee; or, 2) any subsidiary of such parent
company; or, 3) any company of which thirty percent (30%) or more of the common stock or
control is owned or controlled by Franchisee; or Franchisee's share holders; Examples of such
shared costs include, but are not limited to: labor, equipment, vehicles, insurance, or
administrative costs.
Allowable Expenses
Those expenses incurred by Franchisee in the performance of this Franchise Agreement that
are allowed by the City as reimbursable by the ratepayer as enumerated below. Allowable
Expenses are allowable only to the extent that such expenses are known and measurable,
calculated according to Generally Accepted Accounting Principles (GAAP) on an accrual
basis, and comply with the cost allocation methodology contained within this ordinance to the
Franchisee's operations within the City, do not exceed the fair market value of comparable
goods or services, and are commercially reasonable and prudently incurred by the Franchisee
solely in the course of performing its obligations under the Franchise. Allowable expenses,
shall include but not be limited to the following:
a. The costs of complying with all laws, regulations or orders applicable to the
obligations Franchisees under federal, state or local law, including this ordinance, as
well as costs for financial reporting, accounting and regulatory processes associated
with or required by this franchise or under law; as now or hereafter amended;
b. Disposal costs;
c. Labor costs, including operational and supervisory labor, payroll taxes, workers'
compensation, and benefits, as well as third party transportation costs;
d. Vehicle and equipment expenses, including vehicle registration fees, motor fuel, oil,
tires, rental charges and/or operating lease payments and repairs and maintenance;
e. Expenses of maintaining other capital assets, including rental charges and/or
operating lease payments and repair and maintenance, to include container
maintenance and repair costs;
Ordinance No. Page 2 of 21
f. Performance bonds and insurance in at least the amounts and coverages required by
the City;
g. All administrative and management costs and expenses reasonably allocated for the
services required under this-FranchiseAgteemem, including, but not limited to
compensation, management fees, and benefits for officers and employees, payroll
taxes, data processing, billing, equipment or facility rental or lease costs, supplies,
finance and accounting, administration, human resource and labor management, rate
analysis, and regulatory compliance;
It. Utilities;
i. Training, worker safety and employee development expenses;
j. Promotion and public education costs;
k. Depreciation and amortization of capital assets, including any necessary stand-by or
back-up equipment used on a regular and ongoing basis in the provision of services
under this Franchise over standardized economic useful lives of the various assets;
1. Outside professional fees and costs, limited to two percentage points of revenue,
unless an extraordinary circumstance exists;
in. Interest expense, other than interest paid with respect to route or Franchise
acquisition, that is not in excess of market rates ordinarily charged for the various
types of financing required for purchases or leases;
n. All surcharges, taxes or fees, other than state or federal income taxes or franchise
fees, which are imposed upon the Franchisee or levied by federal, state or local
government in connection with Franchisee's provision of collection services under
this Franchise;
o. Direct write-off charges for bad debts; and
p. Franchise fees assessed by the City.
Allowable expenses as defined above shall be reasonable if they are comparable with the
expenses incurred by similarly situated solid waste and recycling collection companies on the
West Coast of the United States.
Automated Collection System
A type of collection system that utilizes standardized roll carts and mechanically assisted
collection equipment designed to minimize direct human handling of customer waste set out
for collection.
Bulky Wastes
Large items of solid waste such as appliances, furniture large auto parts, trees, branches
greater than four inches in diameter and 36 inches in length, stumps and other oversized
wastes whose large size precludes or complicates their handling by normal collection,
processing or disposal methods.
City
The existing city limits and future annexations of the City of Ashland, OR.
City Council or Council
The City Council of the City of Ashland.
Ordinance No. Page 3 of 21
Commercial
Stores; offices, including manufacturing and industrial offices; restaurants; warehouses;
schools; colleges, universities; hospitals; and other non-manufacturing entities; manufacturing
entities, but not including multifamily or residential condominium complexes.
Container
A receptacle used to store solid waste or recyclable materials that is designed for on-site
unloading into a closed-bodied collection vehicle in which the contents of the receptacle are
mixed with the contents of other similar receptacles.
Construction and demolition debris
Used or discarded construction materials removed from a premise during construction,
demolition or renovation of a structure.
Cost Allocation
The following allocation methodology shall be used to determine expenses attributable to
services rendered for City of Ashland solid waste management services franchise operations.
1) Residential and commercial labor hours
The Franchisee will perform two annual surveys to estimate the time spent in each
jurisdiction by residential and commercial route. Total annual hours will be estimated by
jurisdiction for residential and commercial routes based on the two annual surveys. The
annual total hours will be used to allocate labor and benefits, fuel, oil, maintenance,
vehicle and container leases, vehicle licenses, and route costs by jurisdiction for
residential and commercial services.
2) Debris box labor hours
The Franchisee will estimate the average time spent per load by jurisdiction. This average
will be applied to the actual annual load count by jurisdiction to calculate an annual total
for each jurisdiction. The annual total hours will be used to allocate labor and benefits,
fuel, oil, maintenance, vehicle and debris box leases, vehicle licenses, and route costs by
jurisdiction for debris box.
3) Yardage
Yardage by jurisdiction will be estimated by subscribed volumes for residential and
commercial services and by box size for debris box service. This yardage will be used to
allocate disposal costs by jurisdiction.
4) Residential and commercial weekly lifts
The Franchisee will use two surveys to estimate the number of weekly services by
jurisdiction. This measure will be used to allocate all other costs by jurisdiction.
5) Direct cost
Ordinance No. Page 4 of 21
Franchise fees and other costs directly related to a specific jurisdiction will be applied to
the appropriate jurisdiction.
Curbside/Roadside
A location within three (3) feet of public right-of-way. This does not allow the garbage or
recycling receptacle to be placed on the inside of a fence or enclosure even if the receptacle is
within three (3) feet of said road or roads. For residences on "Flag Lots", private roads or
driveways, "Curbside/Roadside" shall be the point where the private road or driveway
intersects a City Road, Public Access Road, State Road or Federal Road.
Customer
Individuals, groups, businesses, corporations or other recognized entity receiving solid waste
management services from the franchisee within the City of Ashland.
Customer Classification
List and definition of the different groupings utilized for rate making; i.e. residential,
commercial, municipal, etc.
Depot
A facility for transferring containerized solid waste, recyclable materials or yard debris from
one mode of transportation to another. The term also refers to a place for receiving source-
separated recyclable materials.
Disabled Customer
A subscription customer in which all adult household members possess a DMV issued
handicapped parking sticker/placard.
Disposal Site
Land and facilities used for the disposal, handling or transfer of, or resource recovery from
solid wastes, including but not limited to dumps, landfills, sludge lagoons, sludge treatment
facilities, disposal sites for septic tank pumping or cesspool cleaning service, transfer stations,
resource recovery facilities, incinerators for solid waste delivered by the public or by a solid
waste collection service, composting plants and land and facilities previously used for solid
waste disposal at a land disposal site; Disposal site does not include the following: a facility
authorized by a permit issued under ORS 466.005 to 466.385 to store, treat or dispose of both
hazardous waste and solid waste; a facility subject to permit requirements of ORS 46813.050
or 46813.053; a landfill site which is used by the owner or person in control of the premises to
dispose of soil, rock, concrete or other similar non decomposable material, unless the site is
used by the public either directly or through a solid waste collection service; or a site operated
by a wrecker issued a certificate under ORS 822.110.
Drop Box
A single receptacle used to store solid waste or recyclable materials that is designed to be
removed from the generator's site on the back of a roll-off truck for unloading at a disposal
site, material recovery facility, or other storage or processing facility. The contents of the
Ordinance No. Page 5 of 21
receptacle are not mixed with the contents of other similar receptacles until delivery to a
Disposal Site.
Force majeure
Acts of god, fire, landslides, lightening, storms, floods, freezing, earthquakes, epidemics,
volcanic eruptions, public riots, civil disturbances, acts of the public enemy, wars, blockades,
embargoes, or acts of civil or military authority, breakage, explosions or accident to machines
or other materials, pipelines or materials, governmental restraint, unavailability of a disposal
site and any other event which could not with reasonable diligence be controlled or prevented
by the party affected by the event.
Franchise
A contract with the City allowing the use of public right-of-way to collect and transport solid
waste.
Franchisee
A person, persons, business or corporation who has been granted a franchise to operate within
the City of Ashland pursuant to this Ordinance.
Generator
A person who by virtue of ownership management or control, is responsible for causing or
allowing to be caused the creation of Solid Waste or Recyclable Materials. perssen wh e last
srscr£rmcsccrrzcrmncrca'icier-izimccT'+t-nvnrianze cox disposal or r°ccj.....g.
Gross Revenue
"Gross Revenue" for any period shall mean:
1) Gross accrual-based billings by the Franchisee to customers for services provided under
this-Franchise _ efeement;
2) The allocated gain on the sale of fixed assets, the depreciation or amortization from
which, was an Allowable Expense under the terms of this Ordinance, and refunds, sales
proceeds or other reimbursements for any other expense that was an Allowable Expense
under this Ordinance, and
3) The accrual-based proceeds from the sales of recycled material collected within the
Franchise.
Hazardous Waste
Solid Waste or Waste that may, by itself or in combination with other waste, be explosive,
poisonous, caustic or toxic, or otherwise dangerous or injurious to human, plant or animal life,
as defined by ORS 466.0035.
Household Hazardous Waste
Any discarded, useless or unwanted chemical, material, substance, or product that is or may
be hazardous or toxic to the public or the environment and is commonly used in or around
households. Household hazardous waste includes, but is not limited to, some cleaners,
solvents, pesticides, and automotive and paint products.
Ordinance No. Page 6 of 21
Infectious Waste
Infectious waste mean biological waste, cultures and stocks, pathological waste, and sharps,
as defined in ORS 459.386 and ^mcr 459.38 .
Multifamily
Any multi-dwelling building or group of buildings that (a) contain(s) five (5) or more
dwelling units on a single lot, such as apartments, condominiums, and mobile home parks
and (b) receives services on a per lot or per building basis, as opposed to a per unit basis.
Multifamily complex also includes certified or licensed residential care housing, such as
adult foster care homes, and group homes. Multifamily accounts are determined to be a
residential waste stream.
Material Recovery
Any process of obtaining from solid waste, by presegregation or otherwise, materials that
still have useful physical or chemical properties and can be reused or recycled for some
purpose.
Material Recovery Facility
A solid waste management facility that separates or stores materials for the purposes of
recycling from incoming, non-putrescible solid waste by using manual and/or mechanical
methods. It also means a facility that primarily accepts previously separated recyclables.
Operating Margin
Gross revenues minus allowable expenses within a given period.
Organic Waste
Materials that can be biologically synthesized by plants or animals from simpler substances,
are no longer suited for their intended purpose, and are readily broken down by biological
processes into soil constituents. Examples include, but are not limited to, food waste, yard
debris, contaminated paper, and putrescible materials that are generally a source of food for
bacteria.
Putrescible Waste
Solid waste containing organic material that can be rapidly decomposed by microorganisms,
and which may give rise to foul smelling, offensive products during such decomposition or
which is capable of attracting or providing food for birds and potential disease vectors such
as rodents and flies.
Receptacle
A can, cart, container, drop box, compactor or recycling bin or any other means of
containment of Solid Waste or Waste or Recyclable Materials.
Recyclable Material, Recyclable, Recyclables
Ordinance No. _ Page 7 of 21
Material that has or retains useful physical, chemical, or biological properties after serving its
original purpose(s) or function(s), and is separated from solid waste by the generator or at a
material recovery facility.
Recycling
Any process by which waste materials are transformed into new products in such a manner
that the original products may lose their identity.
Residence, Residential
Any dwelling unit where at least 50 percent of the use of the entire building is for home use.
Self-Haul
Collection and transportation of solid waste from a commercial, multifamily, or residential
entity by the generator, owner or occupant of the property, rather than by a third party hired
to perform this function.
Senior Discount Rate
A discounted collection rate provided to customers that meet the discounted utility rate
provision of resolution 92-22 or future related amendments.
Solid Waste or Waste
The terms "solid waste" and "waste" are interchangeable. Solid waste shall include all
putrescible and non-putrescible waste, including but not limited to, garbage; compost;
organic waste; yard debris; brush and branches; land clearing debris; sewer sludge;
residential, commercial and industrial building demolition or construction waste; discarded
residential, commercial and industrial appliances, equipment and furniture; discarded,
inoperable or abandoned vehicles or vehicle parts and vehicle tires; manure; feces; vegetable
or animal solid and semi-solid waste and dead animals; and infectious waste. Waste shall
mean useless, unwanted or discarded materials. The fact that materials, which would
otherwise come within the definition of Solid Waste, may, from time to time, have value and
thus be utilized shall not remove them from the definition. The terms Solid Waste or Waste
do not include:
1) Recyclable materials or yard debris separated from solid waste and properly prepared for
collection;
2) Eavirenmer4ally-Hhazardous wastes as defined in ORS 466.0035;
3) Materials used for fertilizer or for other productive purposes on land in agricultural
operations in the growing and harvesting of crops or the raising of fowl or animals;
4) Septic tank and cesspool pumping or chemical toilet waste;
5) Source separated, principal recyclable materials as defined in ORS 459A and the Rules
promulgated there under and under this Ordinance, which have been purchased or
exchanged for fair market value, unless the City declares a site of uncollected principal
recyclable materials to be public nuisance;
6) Applications of industrial sludges or industrial waste by-products authorized through a
Land Use Compatibility Statement or Management Plan approval and that have been
applied to agricultural lands according to accepted agronomic practices or accepted
Ordinance No. Page 8 of 21
method approved by the Land Use Compatibility Statement or Management Plan, but not
to exceed 100 dry tons per acre annually; and
7) Stabilized municipal sewage sludge applied for accepted beneficial uses on land in
agricultural, non-agricultural, or silvicultural operations. Sludge-derived products
applied for beneficial uses on land in landscaping projects.
Solid Waste Management and Collection Services
Prevention, reduction, management of the storage, collection, transportation, treatment,
utilization, processing and final disposal of solid waste; or recycling, reuse and material
recovery from solid waste; and facilities necessary or convenient to such activities.
Source Separated Materials
Recyclable materials that have been separated by type of recyclable material and removed
from the solid waste stream by the person who last used the recyclable materials.
Transfer Station
A fixed or mobile facility, other than a transportation vehicle, where solid waste is deposited
temporarily after being removed from the site of generation but before being transported to a
final disposal location.
Unallowable Expenses
Shall include the following:
1) All charitable and political contributions;
2) Fines and penalties, including without limitation judgments for violation of applicable
laws, incurred by a licensee;
3) Payments for services provided by individuals related by blood or marriage or by
affiliated companies to a licensee to the extent that such payments exceed the reasonable
cost that would be charged by an independent third party to provide the substantially
equivalent service;
4) Accruals for future unknown regulatory changes;
5) Costs associated with purchase of other companies including, but not limited to,
employee stock ownership plan payments, goodwill, amortization of goodwill and
premiums on key-person life insurance policies;
6) Principal or interest payments on the acquisition of solid waste, recyclable materials and
yard debris collection routes; the purchase of equipment and/or facilities to the extent that
the price includes goodwill or a premium in excess of fair market value at the time of
acquisition; State and federal income taxes;
7) Fees paid to a Franchisee's Board of Directors;
8) Attorney's fees and related expenses resulting from:
a. Any judicial proceeding in which the city and a Franchisee lieeHSee are adverse
parties, unless the Franchisee is the prevailing party;
b. Any judicial proceeding in which a Franchisee is ruled to be liable due to willful
misconduct or gross negligence or in violation of law or regulation, excluding judicial
proceedings involving traffic accidents;
Ordinance No. Page 9 of 21
9) Operation of community access recycling depot not physically located or operated in
conjunction with the Franchisee's transfer station
10) Recycling operations expenses already calculated and incorporated into Franchisee's
tipping fees
11) Any other expenses defined as "unallowable" and approved by mutual consent of the
F€ranchisee and the council.
Utilization
The terms utilize, utilization, or utilization of Solid Waste or Waste shall mean productive
use through recycling, reuse, salvage, resource recovery, energy recovery, or land filling for
reclamation, habitation, or rehabilitation of land.
Waste Evaluation
An evaluation completed by the City or a Franchisee of a commercial entity's waste
management practices, for the purpose of providing guidance to a multi-family or
commercial customer on effective means to reduce waste, increase recycling, and purchase
recycled products.
Yard Debris
Grass clippings, leaves, tree and shrub prunings of no greater than four (4) inches in diameter
or similar yard and garden vegetation. Yard debris does not include such items as: dirt, sod,
stumps, logs, tree and shrub prunings greater than four (4) inches in diameter, rocks, plastic,
animal waste or manure, cat litter, potting soil, prepared food wastes or nonputrescible
material.
SECTION 5: Franchise Agreement.
5.1 Franchise Award
No person shall do business in the collection and transport of solid waste generated within the
City without a current, valid City franchise. A Franchise to provide solid waste management and
collection services, including recyclable materials and yard debris in the service area of the City
shall be granted only after a determination of need for the service.
The determination of need is the responsibility of the City Council, which will seek the best
balance of the following objectives:
1) To insure safe, efficient, economical, equitable and comprehensive solid waste service;
2) To avoid duplication of service that will cause inefficiency, excessive use of fuel,
increased traffic, and greater wear on streets;
3) To provide service-in areas of marginal return;
4) To promote and encourage recycling and resource recovery;
5) To improve the likelihood of the Franchise holder making a reasonable profit and thereby
encourage investment in modern equipment;
6) To cooperate with other governmental bodies by recognizing their service arrangements;
and
7) To otherwise provide for the service in a manner appropriate to the public interest.
Ordinance No. Page 10 of 21
5.2 Renewal of Franchises
In granting a franchise renewal, the Council may, in addition to the above, consider the
following:
1) Volumes of solid waste collection and disposal;
2) (2) Volumes of recyclable materials and rate of participation in recycling;
3) Customer satisfaction, including but not limited to customer complaints;
4) Analysis of solid waste collection and recycling programs in other cities as compared to
those of the City, including but not limited to program costs, funding mechanisms and
overall rates of participation in recycling;
5) Franchisee performance of its obligations under the franchise, including a Franchisee's
technical and financial capabilities;
6) Franchisee ability to provide evidence of required insurance; and
7) Franchisee responsiveness to customer or City complaints.
Franchises granted by the City shall be non-exclusive, however it is understood that during the
term of franchises granted under this Ordinance, the City shall not grant any other person a
franchise for Solid Waste Management Services unless there is a showing by the applicant of the
need for such additional service in the proposed service area. As to such application(s) the
existing Franchisee shall have first right of refusal to provide such services.
In evaluating whether a need exists for additional service, the City Council may consider, among
any other criteria deemed relevant by the City Council, the following items:
1) An increase in the population of the City;
2) An extension of the boundaries of the City;
3) Intensive residential, commercial or industrial development within the boundaries of the
City;
4) Changes in solid waste technology and/or recycling collection technology that could
substantially improve collection service or reduce collection costs to residents of the City;
5) The effect that an additional franchise would have on each existing Franchisee's ability to
meet the City's service standards and maintain a fair return on its investment;
6) Changes in federal or state laws, rules or regulations that substantially affect solid waste
or recycling collection requirements.
7) The Franchisee cannot or will not perform or subcontract the proposed service.
This ordinance does not prohibit any person from self-hauling solid waste and/or recyclables. A
generator may self-haul his or her own material, and a generator's contractor may haul materials
that are generated.as a direct result of the service-provider's activity. For example, landscapers,
roofers, and remodelers may self-haul materials, but may not contract with third parties other
than Franchisees for collection and transport.
5.3 Franchise Terms
A franchise to provide solid waste management and collection services shall be granted for a
period of ten (10) years, beginning December Septernbefl, 2013 with subsequent seven year
Ordinance No. Page 11 of 21
terms renewing annually, unless prior notice of request to terminate is submitted by either the
City or the Franchisee a minimum of 90 days prior to the renewal date.
5.4 Franchise Fee
1) Annual Fee. In consideration of the rights and benefits of the terms of this franchise,
Franchisee shall pay to the City each year during the life of this franchise beginning
m n annual fee derived from revenue received by that franchisee from
Solid Waste Management and Collection Service boundaries of the City. The franchise
(~D fee shall be five percent (5%) of gross revenues.
2) QuarterlPayments. The franchise fee required in 7(a) above shall be paid quarterly, and
shall be due and payable within thirty (30) days of the end of the calendar quarter.
Accompanying the payments described above, Franchisee shall file with the City
Administrator or designee, a statement showing the amount of the gross revenues
received by that company within the City for the calendar quarter immediately preceding
the calendar quarter in which such statement is filed. There will be a reconciliation of
final gross revenues on the quarterly report ending September 30`n of each year for the
prior fiscal period, which is October I" through September 30`h
3) Review of Records; Annual Audit. Franchisee shall make available for inspection,
copying and review by the City Administrator or designee at any time during normal
work hours all records in the Franchisees' possession that the City Administrator or
designee deems relevant to verifying the accuracy of fees paid to the City, to regulating
rates or to carrying out any responsibility that the Franchisees or the City has under this
Ordinance.
No more often than once during any twelve (12) month period, City may request an audit
of the books, records and accounts of Franchisee by a certified public accountant or such
other professional chosen by the City to verify accuracy of fees paid to the City, subject
to the approval of the audited Franchisee; provided, however, that such approval shall not
be unreasonably withheld. Franchisee agrees to have their books, records and accounts
audited and further agree to pay for such auditing services. The report of the certified
public accountant or other professional shall be conclusive and final. In the event such
audit report discloses any difference of payment due either to the City or Franchisee
through error or otherwise, such payment shall be due and payable within thirty (30) days
of discovery or determination of the error. If payment is owed by the City to Franchisee,
the City shall reimburse the Franchisee for payment for the portion of the services
attributable to the audit of the Franchisee receiving such payment from the City.
If payment is owed by Franchisee to the City, and the difference of payment due is more
than the greater of five hundred dollars ($500) or two and one-half percent (2V2%) of the
Franchisee franchise fee, or if the Franchisee is found to have violated any other term or
condition of the franchise then, notwithstanding any other provision of this Section or the
franchise, the City may request an additional audit during the next twelve (12) month
period with all expenses of such additional audit paid by such Franchisee.
Ordinance No. Page 12 of 21
4) Late Payments; Interest. Should Franchisee fail or neglect, for thirty (30) days after any
quarterly payment shall become due and payable, to make the quarterly payment, the City
shall provide written notice of failure of payment to Franchisee. Upon notification of
failure to pay, Franchisee will have thirty (30) days to remit payment to the City. If
Franchisee fails to pay within said thirty (30) day period, the City may charge interest
retroactive to the due date, at a rate of nine percent (9%) per annum, and may at its option
either continue the franchise in force and proceed by suit or action to collect the payment,
or declare a forfeiture of the franchise because of the failure to make payment, but
without waiving its right to collect earned franchise payments and interest.
5.5 Franchise Administrative Operations Standards and Rules
The Solid waste management and collections franchisee will operate within operations standards
set by resolution of Council. Standards and rules will be developed across all customer
classifications including, but not limited to, the following:
Service Rates and Fees
a. Rate and fee schedule for all collection services, programs by customer classification
Collections
a. Regular, holiday and hazardous weather schedules
b. Procedures for missed, bulky waste, vacation hold, etc collections
c. Collection receptacle standards and requirements
d. Receptacle location requirements for pick-up
e. Private property access rights and limitations
f Responsibilities of the customer
g. Vehicle minimum equipment, maintenance standards, identification/signage and
standards
Customer Service & Communications
a. Billing standards and frequency
b. Billing/collection procedures for past due/non-pay accounts
c. Descriptions, objectives and targets for all services provided across all customer
classifications
d. Solid waste related programs, education and event promotion
e. Complaint/dispute resolution procedures
f. Community Communications and outreach plan coordination with City outlining roles
and responsibilities of City and Franchisee.
Reporting (in addition to Ordinance required reporting)
a. Efficiency analysis reports for routes, billing/collections, etc
b. Revenue and subscription volume reports by solid waste category (trash, recycle, yard
waste) for various customer classifications (residential, and commercial, Debris box
volumes will be measured by dump and return and/or pull activities.
c. Customer counts and trends over time for residential and commercial customer
classifications Debris box load counts will be reported in lieu of debris box customer
counts.
Ordinance No. Page 13 of 21
5.6 Subcontracting Services
A Franchisee may contract with another person to provide specific components of solid waste
management and collection services within the Franchisee's service area with the written
approval of the City Administrator or designee, provided that the subcontract does not amount to
a transfer of the collection franchise and the subcontracting party agrees to:
1) Abide by the conditions of this ordinance and associated resolutions; and
2) In written application to the City, show how they will meet the criteria applying to the
current franchise
5.7 Transfer of Franchise
A proposed assignment or transfer of a Franchise must be requested by the Franchisee if the
following occur, but shall not be limited to:
1) A sale, exchange or other transfer of 50% or more of Franchisee's assets dedicated to
service in the City;
2) A sale, exchange, or other transfer of fifty percent (50%) or more of the outstanding
common stock of a Franchisee;
3) Any reorganization, consolidation, merger, recapitalization, voting trust, pooling
agreement, escrow arrangement, liquidation or other transaction to which Franchisee or
any of its shareholders is a party which results in a change of ownership or control of
fifty (50%) or more of the value or voting rights in the stock of the Franchisee; and
4) Any combination of the foregoing that has the effect of a transfer or change of ownership
and control.
The Franchisee shall provide no less than 90 days' advance written notice to the City of any
proposed transfer or assignment. Except as specifically authorized by the City, the Franchisee
shall not assign any of its rights or delegate or otherwise transfer any of its obligations to any
other person without the prior consent of the City Council. Any such assignment without the
consent of City Council shall be void and any such attempted assignment shall constitute default
and grounds for termination of the Franchise.
If a Franchisee requests the City's consent to transfer the Franchise, the City shall act on such
request within sixty (60) days of the receipt of the Franchisee's written request together with all
information, as set forth below, required for the City's action on the request. The City and
Franchisee may consent in writing to additional time for the City to review and approve the
consent to transfer the Franchise. The City shall not unreasonably refuse to consent to an
assignment of the Franchise to a proposed assignee that has sufficient knowledge, experience,
and financial resources so as to be able to meet, to-the satisfaction of the City Council, in its sole
discretion, all obligations of the Franchisee hereunder. An application to the City to consider a
sale or other transfer of a Franchise shall include the following:
1) A nonrefundable application fee of two thousand dollars ($2,000) payable at the time of
application to the City in advance to defray the City's anticipated expenses and costs
resulting from the Franchisee's request;
Ordinance No. Page 14 of 21
2) Financial statements audited or reviewed by a Certified Public Accountant of the
Proposed Assignee's operations for the three immediately preceding operating years
together with any additional evidence of financial ability to perform its Franchise
obligations; and
3) A showing that the proposed Assignee meets all City criteria for the grant of a Franchise
as enumerated in this Ordinance.
5.8 Establishment and Modification of Service Rates and Fees
Except as set forth herein, Tthe City Council may review and set rates on an annual basis by
Council resolution that considers the following goals:
1) Rates shall be established to the greatest extent practicable on a cost of service basis
based on the ordinance established cost allocation methodology.
2) Rates shall be adjusted annually by Council resolution equal to the percentage change in
the January to January Consumer Price Index for All Urban Consumers (CPI-U) but not
to exceed the twelve percent operating margin cap. The City Administrator or designee
shall certify the CPI-U rate in writing to Franchisee by March I of each year to initiate
the rate resolution.
3) Rates shall be adequate to provide an Operating Margin equal to ten percent (10%) of
Franchise-wide Gross Revenues; however, the City shall not be required to change rates
if the expected Operating Margin in the next future year falls between eight and twelve
percent of Gross Revenues. The ten percent target return on Gross Revenues is
considered sufficient to reflect the level of business risk assumed by the Franchisee, to
allow investment in equipment, and to ensure quality collection service.
Accordingly, the City shall have the authority to commission audits, reviews, or analysis of
Franchisee Annual Reports to validate submissions. The expected Operating Margin in a future
year would incorporate expected inflation factors, and the effect of known or expected increases
or decreases in expenses or revenues.
The rates charged by Franchisees shall conform to the most current Council resolution. Prior to
implementation, the Council must approve any interim rate for services not included in the
current resolution.
If the Franchisee notifies the City in writing that they believe a material change outside the
Franchisees' control has occurred, and the change will have an adverse effect on operating
margins, such that the next future year operating margins will be less than eight percent, a
material change will be deemed to have occurred. At that time, the City may undertake any type
of review it finds necessary to validate the existence of the material change and estimate its
effect on the operating margin. If the results of the review are such that no rate adjustment is
warranted, persons requesting the review shall reimburse the City for reasonable costs incurred
during the investigation at the time the next payment of franchise fees is due.
If the City believes that a material change has occurred that will result in next future year
operating margins falling under eight percent or over twelve percent, the City may undertake an
abbreviated rate review at its own expense.
Ordinance No. _ Page 15 of 21
SECTION 6: Franchise Reporting Requirements.
6.1 Informational Reports
Each Franchisee shall provide the City Administrator or designee by the last day of each quarter
for the previous quarter:
1) A quarterly report listing the quantities of solid waste, yard waste and recyclable
materials by customer classification collected within the City during the previous
calendar quarter, the locations to which these materials were delivered, the number of
customer accounts, and other information requested by the City Administrator or
designee and mutually agreed upon with Franchisee.
2) A quarterly report listing the names and addresses of multi-family and commercial
customers that received waste evaluations during the reported quarter.
3) A summary of communication, marketing and educational outreach conducted by
Franchisee during the reported quarter.
6.2 Quarterly Franchise Fee Reports
Franchisee shall complete and remit to the City a Quarterly Franchise Fee report not later than
the last day of the month immediately following the end of the quarter.
At the time of payment of the quarterly Franchise Fees, the Franchisee shall file with the City
Administrator or designee, a verified statement of quarterly gross revenues for the period
covered by the tendered fee. Such statements shall be public records. Franchisee shall maintain
books and records disclosing the gross receipts derived from business conducted within the City,
which shall be open at reasonable times for audit by the City Administrator or designee.
Misrepresentation of gross revenue shall be deemed material and a breach of the Franchise
contract and shall be cause to initiate the process to terminate the franchise.
6.3 Annual Franchise Reports
Franchisees shall report revenues and expenses (allowable and unallowable), in an income
statement format, and provide a variety of information about customer counts, service levels,
disposal volumes, and recycling activities for all customer classifications and for all programs
identified in the Administrative Operations Standards and Rules resolution adopted by Council.
Franchisees shall report totals for all operations necessary to adequately verify compliance with
the cost allocation methodology as defined in this for expenses that share significant operational,
management, and administrative expenses with the City of Ashland Franchise. Resources
allocated from regional or corporate offices or affiliates shall be distributed to appropriate
expense line items, and shall also be disclosed in a schedule describing total allocations and their
distribution to individual expense line items. All allocations from Affiliated Companies must be
described and must be equal to or less than the fair market value of similar goods and services
purchased from a non-affiliated company.
The report will also include a synopsis of the operating year, a description of the measures each
franchisee has taken in the preceding year to make its operation more efficient, a listing of the
Ordinance No. Page 16 of 21
efficiency measures which each Franchisee proposes to take in the next year, a composite table
showing the type and number of customer service complaints and a description of the measures
that the Franchisee has taken or is planning to take to correct the cause of commonly reported
complaints, and such other information as requested by the City Administrator or designee. The
report shall also describe and quantify communication, outreach and educational activities as
described in the Administrative Operations Standards and Rules resolution.
Franchisees may identify specific information submitted to the City in the Annual Report as
confidential. The City shall treat any information marked "Confidential" as such, and shall not
subject the confidential information to public disclosure except as required by law. If the City
receives a request for disclosure of confidential information, the City Administrator or designee
shall notify the Franchisee within a reasonable time after receiving the request so as to allow the
Franchisee a reasonable opportunity to defend against the requested disclosure through
appropriate legal process.
SECTION 7: Franchise Responsibilities and Requirements.
7.1 Access for Inspections and Delivery of Notices
Franchisees shall make all company premises, facilities and records related to their solid waste,
recyclable materials and yard debris collection services (including, but not limited to: offices,
storage areas, financial records, non-financial records, records pertaining to the origin of any
solid waste collected by the Franchisee, receipts for sale or delivery of collected recyclable
materials, customer lists, and all records related to vehicle maintenance and safety which are
required under ODOT motor carrier requirements and regulations and ORS 767) available for
inspection by the City Administrator or designee within 24 hours of notice by registered mail.
Such inspections are only for purposes of enforcing this ordinance, and are restricted to normal
business hours. During normal business hours, the Franchisee shall make all company premises
and facility accessible to City employees for delivery of any written notices.
Collection vehicles must be accessible for inspection during the normal operating hours for
collection, in addition to normal business hours. Where receptacles are stored in the public right-
of-way or when the City is inspecting a situation where the Franchisee is allegedly commingling
Recyclable Materials or Yard Debris with Solid Waste, the need for 24-hour notice does not
apply to inspection of receptacles or vehicles.
7.2 Indemnification, Bond, and Insurance
A Franchisee shall pay, save harmless and indemnify the City from any loss, damage, penalty or
claim against the City on account of or in connection with any activity of the Franchisee in the
operation of the Franchisee's solid waste collection business including activity by any approved
subcontractor providing solid waste management collections and services. If such suit shall be
filed against the City either independently or jointly with the Franchisee or its subcontractor to
recover for any claim or damages, the Franchisee upon notice to it by the City shall defend the
City against the action, and in the event of a final judgment being obtained against the City,
either independently or jointly with the Franchisee or its subcontractor, the Franchisee will pay
said judgment and all costs and hold the City harmless there from.
Ordinance No. Page 17 of 21
Franchisee shall furnish a performance bond, in a form approved by the City Attorney, by an
acceptable surety company in the amount of twenty-five thousand dollars ($25,000.00), but may,
in lieu of a bond, furnish an irrevocable letter of credit or assign a savings account or deposit in
any federally insured financial institution in the amount of twenty-five thousand dollars
($25,000.00) on a form approved by the City Attorney. The Security shall guarantee faithful
performance of all the obligations contained herein with the premium for such bond or cost of
such assignment to be paid by the Franchisee furnishing the bond, letter of credit or making the
assignment.
A Franchisee shall maintain commercial general liability insurance on an occurrence basis in
such forms and with such companies as shall be approved by the City Attorney, which will cover
the Franchisee's business operation, including each vehicle operated by it. The insurance
coverage shall include not less than $1 000,000.00 for one person, nor less than $5.0300,000.00
for bodily injury due to each occurrence, and not less than $1.000,000.00 for damage to property
due to each occurrence and coverage of at least $51,000,000 in the aggregate per occurrence. All
such insurance coverage shall provide a 30-day notice to the City Administrator or designee in
the event of material alteration or cancellation of any coverage afforded in the policies prior to
the date the material alteration or cancellation shall become effective. Copies of all policies
required hereunder shall be furnished to and filed with the City Administrator or designee prior
to the commencement of operations or the expiration of prior policies, as the case may be. The
Franchisee shall furnish proof annually to the City Administrator or designee that the insurance
remains in effect.
The provisions of this section, any bonds accepted by the City pursuant thereto, and any damage
recovered by the City hereunder shall not be construed to excuse unfaithful performance by the
Franchisee or limit the liability of the Franchisee under this ordinance or the Franchisee for
damages, either to the full amount of the bond, or otherwise.
SECTION 8: Enforcement, Suspension, or Termination of Franchise.
8.1 Responsibility of City
Franchisees are subject to the exercise of the police power of the City and to such regulations as
the City may provide by resolution, ordinance, rule or regulation.
8.2 Enforcement of Standards
The City Administrator or designee shall administer and enforce this ordinance and pursue
remedies for non-compliance as laid out within this ordinance. The City Administrator or
designee shall also administer and enforce Administrative Operations Standards and Rules as
adopted by Council. These standards and rules shall be enforceable with penalties allowed in
section 1.08 of the Ashland Municipal Code. Upon recommendation by the City Administrator
or designee, the Council may declare a Franchisee who fails to abide by the rules to be in default.
8.3 Initiation of Enforcement Actions
In addition to enforcement under State law, the City may prosecute any infraction as defined in
this Ordinance or the Rules issued hereunder, based on any information coming to the City, in
Ashland Municipal Court. The burden of proof is on the City to prove an infraction by a
preponderance of the evidence.
Ordinance No. Page 18 of 21
8.4 Penalties for Infractions
Each Franchise provision, including rules adopted hereunder, is subject to penalties as described
in section 1.08 of the Ashland Municipal Code for each day from the initial citation of the
offense that the offense continues to violate the terms of this ordinance or associated resolutions.
8.5 Termination of Franchise for Default
In addition to default for accrued penalties, upon recommendation by the City Administrator or
designee, the City Council may terminate a Franchise for the Franchise holder's default in
performing any material term or condition of the Franchise. An event of default also shall
include, but not be limited to entry of ajudgment against the Franchise holder for material
misrepresentation or deceit committed against the City or a customer or entry of a judgment of
conviction (including conviction on a plea of no contest) against the Franchise holder or any
principal of same for a crime involving dishonesty.
Notice to a Franchisee of default shall be delivered to the Franchisee by certified mail requiring
the Franchisee to show cause in a public hearing before the City Council at a place and time to
be stated in the notice, but no earlier than 14 days from the date the notice is mailed, why the
Franchise should not be terminated.
At the hearing the Franchisee shall demonstrate the measures it has taken or commenced to cure
the default.
8.6 Service Interruption
Except for the right to refuse service for nonpayment or if Customer has attempted to improperly
dispose of Hazardous Waste in violation of the City's Standards and Rules as set forth in this
ordinance„ Franchisees shall not interrupt service unless:
1) Access, roads, streets and highways necessary for collection operations are unusable or
unsafe and there are no alternative routes. Franchisees shall resume service within 24
hours after access is restored.
2) A Force Majeure event occurs.
Upon the occurrence of a Force Majeure event that prevents or impairs a Franchisee's ability to
perform any of its Franchise obligations, the Franchisee shall:
1) Provide immediate notice, either verbal or written to the City Administrator or designee
of the nature of the event and extent and anticipated duration of Franchisee's inability to
perform any obligation under this AgreementFranchise. If verbal notice is given, then
written notice must be delivered to the City within 24 hours of verbal notice;
2) Commence immediately to develop, in communication and cooperation with the City, an
interim plan for the restoration of full performance; and
3) Take all such other reasonable actions requested by the City to assist the City in
protecting the public health and safety and to restore service as soon as practicable.
Ordinance No. Page 19 of 21
Labor unrest, including, but not limited to, strike, work stoppage or slowdown, sick-out,
picketing, or other concerted job action conducted by Franchisee employees or directed at the
Franchisee is not an event of Force Majeure, and the Franchisee shall be obligated to continue to
provide service notwithstanding the occurrence of any or all of events.
8.7 City's Right to Perform Service
Except as provided under Section 8.6. Iin the event that a Franchisee, for any reason whatsoever,
fails, refuses or is unable to collect or transport any or all solid waste for a period of more than
forty eight (48) hours, and if, as a result thereof, solid waste or recyclable materials should
accumulate in the City to such an extent that the City finds that such accumulation endangers the
public health, safety, or welfare, then the City shall have the right, but not the obligation, upon
twenty-four (24) hour prior written notice to the Franchisee, to perform or cause to be performed
collection services with its own or other personnel at the Franchisee's expense. This right shall
be in addition to and not in lieu of any other remedy available to the City. If necessary, the City
may take temporary possession of, and a Franchisee shall peacefully surrender, any or all the
Franchisee's land, equipment, and other property used or useful in the collection of Solid Waste
or Recyclable Materials until such time as the emergency is resolved. If such possession occurs,
the City assumes all responsibility and liability for the equipment and land used to perform such
temporary collection services.
8.8 Dispute Resolution with Customers
Upon receipt of any notice of dispute from a customer about any bill, charge, or service, the
Franchisee shall thoroughly investigate the matter and promptly report the results of its
investigation to the customer. Except in the event a Customer has attempted to improperly
dispose of Hazardous Waste in violation of the City's Standards and Rules, ate F€ranchisee shall
not refuse service to any customer during a time of dispute.
If the Franchisee is not able to resolve a dispute with the customer, the customer may contact the
City Administrator or designee who will act as an informal arbitrator in an attempt to resolve the
matter. Should the dispute remain unresolved, the Franchisee or customer may then pursue the
matter in any Court with jurisdiction.
8.9 Dispute Resolution with City
During all disputes arising under this Franchise, the City and Franchisee shall continue
performance of their respective obligations under this Franchise unless and until the Franchisee
is terminated for default, in which case the Franchisee's obligation to pay a franchise fee based
on cash receipts generated from services provided under the Franchise during said dispute shall
survive such termination.
In.addition to and without waiving any rights and remedies under civil or common law, in the
event of a dispute under this Franchise, the parties shall mutually agree to arbitration. Within
fifteen (15) days after agreement to Arbitration has been reached, each party shall submit the
name of its own arbitrator, selected from the American Arbitration Association, and the two
arbitrators shall select a third arbitrator selected from such panel within 15 days, or in case of a
disagreement concerning the appointment of the third arbitrator, the third arbitrator shall be
appointed from such panel by the presiding judge for the Circuit Court of the State of Oregon
Ordinance No. _ Page 20 of 21
for Jackson County. During such time that the arbitrators are being selected or appointed, the
parties shall continue to negotiate in good faith to resolve their dispute in a cooperative manner.
The decision of the arbitrators in the matter shall be final and binding on the parties, and any
judgment upon the award rendered pursuant to such arbitration may be entered in any court
having jurisdiction thereof.
SECTION 9. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 10. Repeal of Ordinances. Upon approval of this Ordinance, Ordinances 2582
and 2829 are hereby repealed in their entirety
SECTION 101. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or
another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided
however that any Whereas clauses and boilerplate provisions (i.e. Sections 1-3) need not be
codified and the City Recorder is authorized to correct any cross-references and any
typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 2013,
and duly PASSED and ADOPTED this day of 2013.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 2013.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 21 of 21
ORDINANCE NO.
ORDINANCE GRANTING A FRANCHISE FOR THE COLLECTION OF SOLID WASTE, REFUSE
D MEDICAL WASTE WITHIN THE CITY OF ASHLAND, JACKSON COUNTY, OREGON TO
ASHLAND SANITARY SERVICE, INC. FOR THE PERIOD FROM APRIL 1, 1990, TO MARCH
31, 2005; REGULATING THE DISPOSITION OF SOLID WASTE IN SAID CITY; PROVIDING
A PENALTY FOR THE VIOLATION HEREOF; REPEALING ORDINANCE NO. 2069 AND ANY
AMENDMENTS THERETO; AND DECLARING AN EMERGENCY.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. That there is hereby granted to Ashland Sanitary Service, Inc.
the exclusive right, franchise and privilege of collecting, gathering and
hauling over the streets of the City of Ashland, Jackson County, Oregon,
all solid waste, refuse and medical waste accumulating in said City, with
the right to exact charges and collect from persons, firms or corporations
served as specifically hereinafter set forth, for the period from April 1,
1990, to March 31, 2005.
SECTION 2. That the term "solid waste" as used herein shall be construed
to mean every refuse accumulation of animal, fruit or vegetable matter,
liquid or otherwise, ashes, tin cans, bottles, glass, medical waste, and
discarded articles of similar matter.
SECTION 3. That it is hereby made the duty of every person, firm or
corporation within the limits of the City of Ashland to cause their solid
waste accumulation to be removed through the year within the times
specified as follows:
~l) Residences and apartments - once every seven (7) days.
(2) Hotels, restaurants, boarding houses, meat markets, grocery stores
and other places where meats, fruits and vegetables are kept, sold
or offered for sale, or where cooking is done for the public -
twice every seven (7) days.
(3) Medical facilities - within seventy-two (72) hours of disposal.
(4) All other places - once every seven (7) days.
SECTION 4. That every person, firm or corporation having garbage.or
medical waste for disposition, shall place all such matter in containers
which shall be water-tight and fly-proof, and be placed in a location
convenient for the collectors.
SECTION 5. That it shall be unlawful for.any other person, firm or
corporation, excepting citizens hauling their own solid waste,.and
excepting the City of Ashland when the same is functioning in a'
governmental capacity hauling its own solid waste or refuse, to collect,,
gather and/or haul solid waste or refuse over the streets of the City of
Ashland, Jackson County, Oregon, during the term of this franchise.
SECTION 6. That all vehicles used by the said Ashland Sanitary Service,
Inc. in the transportation of solid waste through the streets of the City
`Ashland shall be so constructed and equipped so as to be water-tight and
ply-proof, and which comply with all state laws and rules, regulations and
requirements of the State of Oregon.
SECTION 7. Any person, firm or corporation, whether as principal agent,
employee or otherwise, violating or causing the violation of any of the
ovisions of this Ordinance, shall have committed an infraction, and upon
nviction thereof is punishable as prescribed in Section 1.08.020 of the
Ashland Municipal Code-. Such a person, firm or corporation is guilty of a
separate violation for each and every day during any portion of which any
violation of this Ordinance is committed or continued by such person, firm
or corporation.
SECTION S. The fees to be charged and collected, both as to residential
and commercial customers, shall be in the amounts as hereafter approved by
resolution of the City Council and which have been.requested by Ashland
Sanitary Service, Inc.
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SECTION 9. Ashland Sanitary Service, Inc. shall have the right each year
to present to the City Council a petition for an increase in rates based .
upon an increase in the cost of rendering solid waste disposal services to
the citizens of the city of Ashland. The'same right shall exist where the
regulations are changed concerning the operation of the landfill so as to
cause an increase in capital outlay or operational expense of Ashland
Sanitary Service, Inc., and this petition may be made at any time. In the
event the parties cannot agree on the amount of a rate increase, if any,
the matter shall be submitted to a board of arbitrators, one being selected
by each party and a third by the first two arbitrators. The decision of
the majority of the board shall be final and binding on the parties. The
arbitrators shall be experienced people familiar with standard business
practices. The third arbitrator shall be a certified Public Accountant
certified to audit municipal accounts. The arbitrators shall not be
,sidents of the area served by Ashland Sanitary Service, Inc. In the
,rent costs should decrease, the City Council shall have the same right to
request a decrease in rates under the foregoing procedure.
SECTION 10. In consideration for the granting of this exclusive franchise,
franchise holders shall pay to the city of Ashland for and as a franchise
fee,.the sum of five percent (5%) of the franchise holder's gross receipts
from revenues received for the services rendered to customers situated
within the corporate limits of the City of Ashland.
Said payments shall be made monthly, no later than the 20th day of the
month following the month of service upon which the charge is predicated.
Said payment shall be accompanied by a statement, subscribed to by an
authorized representative of franchise holder, certifying the gross
revenue.
The City of Ashland reserves the right to perform such audits as it may
from time to time desire for the sole purpose of ascertaining the accuracy
and propriety of revenue representations. Said audits shall be done at
reasonable times, and at the cost of the City.of Ashland.
SECTION 11. Ashland Sanitary Service, Inc. shall indemnify, defend and
hold harmless the City of Ashland, its officials and employees, from any
claim arising from the performance of the service provided under the terms
of this franchise; and further, shall maintain comprehensive general
liability insurance in amounts not less than the statutory limits of tort
Lability of Oregon Municipalities as set forth in ORS 30.270, and shall
provide certificates of said insurance to the City Finance Director.
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SECTION 12. The city reserves the right to grant franchises for collecting
goods for recycling to other individuals, firms or corporations. If the
''ty Council determines that it wishes to grant a franchise for such
'.vice, it shall first submit any proposal to Ashland Sanitary Service,
Inc. Which shall have the first right of refusal of said franchise.
SECTION 13. That in the event the said Ashland Sanitary Service, Inc.
shall violate any of the agreements by it to be performed hereunder, then
and in that event the City Council, upon giving the franchise holder and
surety company thirty (30) days written notice of an alleged violation, in
order that said franchise holder or surety may have an opportunity to
explain or refute the same, may terminate this franchise and all rights of
the franchise holders shall cease and its bond in the sum of Twenty-five
Thousand Dollars ($25,000.00) shall be forfeited. The franchise holder is
required to provide to the City of Ashland a bond in the sum of $25,000.00
securing its faithful performance of this franchise renewable annually, and
a certificate of continuance filed with the City.
SECTION 14. That Ordinance No. 2069 as amended and all other ordinances in
conflict herewith are hereby repealed.
SECTION 15. The franchise holder agrees that its rights hereunder may not
be assigned, sold, pledged or given in any manner to a third party, nor may
any stock of the franchise holder corporation be sold, pledged or assigned
in any manner. without the consent of the City of Ashland first having been
received, which consent shall not be unreasonably withheld. In the event
there is a dispute as to any sale or transfer under this provision, then
the matter shall be settled in the manner as provided for arbitration in
c -ction 9 hereof.
SECTION 16. That inasmuch as the current franchise ordinance expired on
April 1, 1990, the public interest requires that an emergency be declared,
and this ordinance shall be effective upon its second reading and approval
by the Mayor.
The foregoing Ordinance was first read at a regular meeting of the City
council on the 1_)Z! day of June, 1990, and DULY PASSED and ADOPTED this
day of 1990.
}
Nan E. Franklin
City Recorder
SIGNED and APPROVED this '~G If day of 1990.
Catherine M. Golden
Mayor
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ORDINANCE NO. ~ goy /
AN ORDINANCE AMENDING SECTION ONE OF
ORDINANCE 2582 TO EXTEND THE FRANCHISE TERM
'FOR ASHLAND SANITARY SERVICE TO THE YEAR
2018.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section one of ordinance 2582 adopted on June 19, 1990, is amended to
read:
That there is hereby granted to Ashland Sanitary Service, Inc., the
exclusive right, frr4i and privilege of collecting, gathering, and
hauling over the streets of the City of Ashland, Jackson County, Oregon,
all solid waste, refuse, and medical waste accumulating in said city, with
the right to exact charges and collect from persons, firms, or corporations
served as specifically hereinafter set forth, for the period from April 1,
1990, to March 31, 2018.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the l8C day of Auq u5 1998,
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and duly PASSED and ADOPTED this s day of SeP14MILW , 1998.
Derek D. Severson,
Acting City Recorder
SIGNED and APPROVED this 2rtd day of 5ePkt,4 bel 1998. L
Catherine M. Shaw, Mayor
Re iewed as to form:
N' o'~
Paul Nolte, City Attorney
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Page 1 - SANITARY FRANCHISE ORDINANCE O:wquuoaDwsmand Sanitary Franchise Ord.wpd
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CITY OF
ASHLAND
Council Communication
October 1, 2013, Business Meeting
Resolution Adopting Administrative Operations and Rules
And Service Rates for Solid Waste & Recycling Collections Franchise
FROM:
Adam Hanks, Management Analyst, adam@ashland.or.us
SUMMARY
In conjunction with a comprehensive update to the Solid Waste and Recycling Ordinance that Council
approved for first reading on September 17, 2013, and scheduled for second reading on October 1,
2013, a Resolution has been prepared that would adopt Administrative Operations and Rules that
define, describe and regulate how the Solid Waste and Recycling Collections Franchisee conducts its
business, including:
• Process for rate adjustments
• Required collection services to be provided (solid waste, recycling, yard debris, etc)
• Frequency of collection
• Mandated Recology issued roll carts for collection services
• Collection standards
• Customer Service Standards
• Reporting requirements
• Waste evaluations/education standards
• Billing requirements
• Collections vehicle standards
Additionally, the approved Resolution would adopt the service rates and fees proposed by Recology,
the current Franchisee, to adequately perform the services outlined in the Administrative Operations
and Rules and Franchise Ordinance documents.
BACKGROUND AND POLICY IMPLICATIONS:
The current solid waste ordinance was established in June of 1990. The three page document granted a
15 year exclusive solid waste collection franchise to Ashland Sanitary Service (now Recology Ashland
Sanitary). In September of 1998, the franchise right was extended to March of 2018.
The updating and formalizing of the responsibilities, terms and requirements of a Solid Waste and
Recycling Collections Franchise was divided into three components;
1) A Franchise Ordinance that forms the overall, long term structure of the relationship between
the City and Franchisee
Page 1 of 3
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CITY OF
ASHLAND
2) A Resolution approving both the Administrative Operations Standards and Rules that contains
specific service levels, frequency of service, collection responsibilities, education/outreach
standards, etc and the proposed customer rates by service type.
3) A Resolution awarding the Solid Waste Franchise to Recology Ashland Sanitary and
authorizing the City Administrator to execute a contract to recognize the award.
The attached Resolution provided for your deliberation for this agenda item addresses component two
from the above list.
Policy Issues - Administrative Operations and Rules
Of the overall significant key issues discussed in previous meetings, the following policy issue reside
within the Administrative Operations Rules and associated Service Rate proposal:
1) Automated Collections - The Bell Report identified that the current method of collections was in-
efficient and outdated. The current collection system relies heavily on the physical movements of the
drivers to exit the vehicle, roll a Recology bin from the truck to the customer's trash can, empty the
customer can into the Recology bin, roll the Recology bin back to the truck and connect it to the
automated arm that lifts and dumps it into the truck.
The Administrative Operations and Rules encourage the transition to automation with the first phase
being the mandated use of Recology issued roll carts rather than customer cans. This allows the
drivers to exit the vehicle, roll the cart over to the truck, connect, dump and return. Phase two, its
implementation to be mutually agreed upon by both parties at some point in the future, would involve
the upgrading of equipment as part of the replacement schedule to include a front loading automated
truck. The combination of uniform roll carts and an automated truck would give Recology the ability
to re-assess their driver routes to create at least one fully automated route, increasing efficiency and
controlling long term costs.
2) Specific Collection Program Subsidies - The Bell Report identified several specific collection
services where the calculated cost to provide the service exceeded the established service rates and
suggested adjustments to eliminate those subsidies. They include:
a) Yellow Bag - A customer controlled collections program that utilizes pre-purchased bags
that are placed out for collections as needed/desired by the customer. This program is
proposed to be eliminated and rolled into the existing sticker program that offer the same
type of collection service, but will utilize a standard roll cart container and has existing fees
sufficient to cover operating costs.
b) Recycle Only - Currently, customers using the yellow bag or sticker program are also
offered free curbside recycling but the costs associated with curbside recycling are not
included in the yellow bag/sticker rates. The service rate proposal includes a new fee of
$5/month for sticker collections customers to have curbside recycling services.
c) Medical Waste - Existing fees associated with medical waste collection do not adequately
cover associated costs and are proposed to be increased to better match program costs.
FISCAL IMPLICATIONS:
The proposed changes to the overall update of the solid waste franchise agreement (ordinance and
resolutions) have many different financial implications to a variety of different groups/customers
within the community, as well as to the City itself.
Page 2 of 3
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CITY OF
ASHLAND
Because the costs associated with the Recycle Center have in the past been allowed expenses and
therefore part of the rate setting calculations, Recology has proposed a flat fee rate adjustment of $1.59
across all rate classifications to remove that cost from the existing rate structure.
After the Recycle Center rate reduction is applied across all rate classifications, Recology proposes a
three percent (3%) rate adjustment to meet the proposed ordinance and resolution requirements,
effective January 1, 2014. Recology would defer the first year CPI adjustment in April of 2014 and
resume annual adjustments, as warranted, in April of 2015.
This allows Recology to adjust rates in line with the target operating margin, allow for earlier purchase
and distribution of roll carts to customers, and eliminate multiple rate increases within a five month
period.
The following table provides a summary of the impacts by customer type.
G~ ustomer T Customer# Rate Chan =e Annual Revenue hn • ae
Yellow Bag 206 Five pack of bags from $27.02 to $42 $10,000
Sticker Program 600 Five pack of stickers from $40.71 to $42 $5,000
Free Recycle 500 to 1,000 Every other week curbside comingled $25,000 to $50,000
recycle goes from $0 to $5 per month
Medical Waste 104 Approximate 20% increase across rate $4,000
structure
Recycle Center Surcharge
The final new rate to be determined by Council is the proposed surcharge for the Recycle Center
operations. To include the surcharge on Recology collection subscribers, the fee will need to be added
to the Service Rates table to be adopted by separate resolution. If Council chooses to utilize the City
utility bill, a new resolution will need to be drafted and presented to Council on a future meeting
agenda.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of the Resolution adopting the Administrative Operations and Rules and
the proposed service rate tables.
SUGGESTED MOTION:
I move to approve the resolution titled, "A resolution adopting Administrative Operations and Rules
and service rates for solid waste and recycling collections franchise."
ATTACHMENTS:
Draft Resolution
Solid Waste Administrative Operation Standards and Rules (Attachment A to resolution)
Proposed rates (Attachment B to resolution)
Page 3 of 3
Ir,
RESOLUTION NO. 2013-
A RESOLUTION ADOPTING ADMINISTRATIVE OPERATIONS AND
RULES AND SERVICE RATES FOR SOLID WASTE AND RECYCLING
COLLECTIONS FRANCHISE
RECITALS:
A. The City of Ashland contracts with Recology Ashland Sanitary Service by means of a
franchise agreement for solid waste and recycling collection services within the City.
B. The City of Ashland is currently developing a new Solid Waste and Recycling Collections
Franchise Ordinance to replace existing Solid Waste and Recycling Collections Franchise
ordinances 2582 and 2829
C. In accordance with, and referenced within the new draft franchise ordinance, an
Administrative Operations and Rules document has been developed to define, describe and
regulate the business operations.
D. As part of the Franchise ordinance development, Recology Ashland Sanitary has developed
an updated Service Rate table to adequate address the terms, responsibilities and
requirements set forth in the draft Franchise Ordinance and Administrative Operations and
Rules.
E. Both the existing and proposed Franchise Ordinance requires that rate adjustments be
approved by Council resolution
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The Administrative Operations and Rules document identified as Attachment A
are approved and effective upon the contract award date of the Solid Waste and Recycling
Collections Franchise.
SECTION 2. The Service Rates and Fees proposed by Recology Ashland Sanitary identified as
Attachment B are approved and effective January 1, 2014.
This resolution was duly PASSED and ADOPTED this day of
2013, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Resolution No. 2012- Page I of I
CITY OF
Attachment A ASHLAND
City of Ashland
Solid Waste Franchise
Administrative Operations Standards and Rules
A. ADOPTION AND REVISION OF STANDARDS AND RULES
The following standards and rules are hereby established by resolution of the City
Council to set and maintain service levels for the efficient operation of a solid
waste management service and collection franchise within the City of Ashland.
Revisions to these standards and rules shall be approved by resolution of the
Council.
B. ENFORCEMENT OF STANDARDS AND RULES
Upon discovery of violation or lack of adherence to these Standards and Rules,
the City Administrator or designee shall inform Franchisee in writing of the
nature of the violation and provide reasonable time for response from Franchisee.
Should both parties fail to mutually resolve the matter, the City Administrator
may pursue enforcement of identified violation as a general penalty of section 8.2
of Ordinance No 2013-
C. SERVICE RATES AND FEES
1. Subject to the provisions of Section 5.10 of Ordinance No. 2013- rates in
place upon the effective date of Ordinance No. 2013- , as shown in exhibit A,
shall remain in effect until April 1, 2014. On April 1, 2014, and on April I of
each year thereafter, rates for all services shall increase by a percentage equal to
the most recent Consumer Price Index - All Urban Consumers - All Items -
Portland - Salem (CPI-U), January-to-January, as determined by the U.S. Bureau
of Labor Statistics, except that in no case shall rates automatically increase by
more than 5%. Should CPI-U increase by more than 5%, the Franchisee and City
shall confer in good faith to determine whether the Franchisee is entitled to
receive an increase larger than 5%. Should CPI-U be 0% or less than 0%, the
Franchisee shall not be entitled to any rate increase. For purposes of calculating
rate increases, CPI-U percentages shall be computed to the first decimal place.
2. Subject to the provisions of Section 5.10 of Ordinance No. 2013- ,
Franchisee may request an adjustment of rates in excess ofCPI-U. Such request
shall be delivered to the City Administrator no earlier than February 15 and no
later than May 15 of any calendar year. In determining whether to grant such rate
adjustment, the Council may consider, but is not limited to, the following factors:
a. Rates charged for collection service in other cities in Oregon;
b. The most recent January-to-January (CPI-U);
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c. Costs and revenues associated with providing the opportunity to recycle and
the ability of a rate structure to encourage recycling;
d. A minimum rate sufficient to provide a reasonable rate of return, ;
e. The anticipated change in the cost of providing the service;
f. The need for equipment replacement and the need for additional equipment
to meet service needs and to be in compliance with federal, state and local
law;
g. Increase in population or increase of intensive development within the
service area.
3. Rates charged shall be those set as provided herein. Nonscheduled services may
be provided at the reasonable cost of providing the service.
4. Franchisee shall bill and collect on a current billing basis. When Franchisee
has experienced collection problems on a particular account, other billing
methods may be required. Such billing procedures will be subject to approval by
the City and will be reasonable business practice.
5. Franchisee may charge a starting charge to any customer who has been
previously terminated for failure to pay for service.
6. Rates shall be uniform or uniform within zones or classes of service.
7. Nothing in the above section shall prohibit City from requiring qualified senior
citizen discount rates.
8. Franchisee may require the owner of rental or leased premises to accept
responsibility for the payment for service to such facilities as a condition for
providing such service.
D. MANDATORY SERVICES
Franchisees shall offer the following solid waste management and collection
services, subject to the limitation under "Refusal of Service." A Franchisee that
does not comply has 10 days from a date of infraction to accommodate the
customer request with an equivalent level of service at or below the published
rates for the requested service.
1. Residential Curbside Collection
Solid Waste, monthly subscription
Solid Waste, customer controlled pick-up
Yard Debris
Co-mingled Recycling
Glass Recycling
2. Commercial Collection
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Solid Waste
Co-mingled Recycling
Pre-consumer compostable materials
Yard Debris
Medical Waste
3. Solid Waste, Recycling and Yard Debris Drop-off Site
4. Debris Drop Box Service
5. Commercial Waste Evaluation/Education
E. OPTIONAL SERVICES
Franchisee is permitted to offer other additional services to the public that
promote and increase waste prevention, recycling and/or reduce operating
expenses and contribute to the financial success of the franchise. The additional
services and their associated rates and fees must be reviewed and approved by the
City Council if the associated service expenses meet the definition of allowable
expenses in Ordinance No 2013-
F. GENERAL COLLECTION RESPONSIBILITIES
1. Solid Waste Subscription
Franchisee shall offer a solid waste collection service for each customer class with
a minimum frequency of one collection per week. Residential subscribers to
curbside recycling and green debris services will be serviced a minimum of once
every-other-week.
2. Automated Collection System
Franchisee is not mandated to implement an automated collection system for any
collection service offered; however, should Franchisee determine that an
automated system, either in specific areas or by customer classification, increase
the efficiency and cost effectiveness of the collection services program,
Franchisee may submit proposals to the City Administrator or designee for review
and potential inclusion as an allowed expense.
3. Collection Schedules
a. Collection Days
Residential service shall occur Monday through Friday, except during holiday
weeks, and times of hazardous weather conditions. All collection services shall
be offered on the same day(s) of the week for a given customer. Franchisee shall
not provide service in residential or multifamily areas prior to 7:00 am or after
6:00 pm.
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Except as otherwise limited by the terms of any City land use or development
permit, there shall be no limit on the hours of collection activity for any solid
waste, recycling and yard debris in predominately commercial and industrial
areas. Franchisee may offer and furnish Saturday and/or Sunday collection
service to commercial, multi-family and drop box customers. If weekend service
is not made available, the Franchisee must provide sufficient receptacles to
accommodate commercial customer needs throughout weekends.
b. Change of Schedule for Solid Waste/Recycling/Yard Debris Day Franchisee
may periodically change a customer's designated collection day. No later than
fourteen (14) days prior to the change, Franchisee shall give written notice to a
customer indicating the intent to change the Customer's designated collection day
and inform the customer of the new collection day. Notice must also be given to
all service addresses if different than billing addresses. Each multifamily unit
must be notified of the change in collection day, if each unit receives
individualized can/cart service.
c. Collection on Holidays
No collection is required on July 4, Thanksgiving Day, December 25`h or January
I 't of each year. During weeks in which those dates fall on a Monday through
Friday, pick-up shall occur on the established pick-up day, unless that day is July
4`h, Thanksgiving Day, December 25`h or January 1 st, in which case pick-up will
occur on the following day. Each regular pick-up day for the remainder of those
weeks shall thereafter shift back one day with regular Friday service allowed to
occur on Saturday.
d. Hazardous Weather Conditions
Collection Schedules may be adjusted due to hazardous weather conditions.
Hazardous weather conditions generally exist on any day in which the Ashland
School District cancels classes due to weather conditions, or on portions of routes
that are located on steep hills where a driving hazard may exist even though local
public schools are open. When weather conditions make driving or collection
hazardous, Franchisee may postpone collection, as provided below.
The Franchisee shall notify the City Administrator or designee by phone or email
no later than noon on the day hazardous weather conditions day exist, if collection
schedules are expected to change.
This information supplied shall include geographic areas affected and the
anticipated make-up day or schedule. If the affected geographic area(s) or make-
up schedule changes, then the Franchisee shall update the information furnished
to the City as well on their phone and website systems.
In the case of solid waste collection, the Franchisee shall make a reasonable effort
to pick up prior to the next regular collection day. Yard debris and recyclable
materials collection may be postponed until the next regular collection day. If
collection is delayed more than two days, collection will be delayed to the next
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regular collection day, with an extra container being accepted by the Franchisee.
At the discretion of the Franchisee, a go-back charge may be assessed per the
approved rate schedule.
4. Missed Collections
a. Missed Collection for Solid Waste Customers.
The Franchisee shall respond promptly to reports of missed collections.
Franchisees shall collect missed materials within 24 hours (excluding weekends,
and approved holidays) of receipt of a complaint from the City or the customer.
The 24-hour deadline does not apply where the missed collection occurred due to
late or improper setout by the customer. Each improper setout by a customer
must be documented by the Franchisee and communicated to the customer.
If a customer did not set out or improperly placed the container, the Franchisee
shall offer the customer the following options:
(1) Immediate collection of the materials for the City approved Go-back
Rate.
(2) Collection of the material at no extra charge the following week on the
designated collection day.
b. Hazardous Weather Missed Collections.
Collections that are missed due to hazardous weather conditions, where
postponements have been reported to the City as required in this ordinance, are
not considered "missed collections."
5. Point of Collection
a. Point of Collection: Single Family Dwelling
For single-family dwellings, the Franchisee may require that the collection of
solid waste, recyclables and yard debris be placed at the curb or roadside in such a
fashion so as to enhance efficiency of the collection system and may assess an
extra fee, as established in the approved rate structure, if a customer fails to
present the roll cart at a location reasonably serviceable by the collection truck.
Disabled customers shall not be charged an extra fee and the franchisee must
arrange for a mutually convenient system for refuse, yard debris and recycling
collection.
b. Point of Collection: Disabled Customers
Disabled customers will be provided non-Curbside collection of all materials.
The customer and the Franchisee must mutually agree upon a setout location. In
most cases, the preferred location will be visible from the street. If not, the
customer must provide the Franchisee with a signal that is visible from the street
that there are materials to be collected.
c. Collection on a private street
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For collection to be made at Curbside on a private street or flag drive serving
multiple residences, the street must meet the following standards: access may not
be limited by a gate; it must be named and posted with a street sign, it must be
paved to a width of at least 12 feet, exclusive of any areas where parking is
permitted, and if dead-end, the turnaround must have a 60 foot diameter or a
"hammerhead" or other feature which provides adequate turnaround space for
standard collection vehicles. There must be at least 14 feet of vertical clearance.
On such private streets, customers entitled to Curbside service must have their
address on the private street. Franchisee may require a damage waiver from
customers being serviced on a private street, if in the opinion of the Franchisee
there is a reasonable probability that property damage could occur through no
fault of the Franchisee engaged in the normal course of providing service. If
these criteria are not met, customers must bring their materials to the intersection
of the private street and the closest public street. Containers must be marked with
the appropriate customer address.
d. Collection from Public Alleys
Collection from public alleys is encouraged, but is at the discretion of the
Franchisee.
e. Collection from In-Ground Cans
Collection from in-ground cans is prohibited.
f. Location of Empty Cans/Carts/Containers/Bins
The Franchisee shall return all cans, carts, and bins to the location where the
customer places them without leaving collection remnants or disturbance to
existing site conditions.
6. Ownership of Collected Materials.
All conforming materials properly placed or deposited in a receptacle provided by
the Franchisee or left in place by the customer for collection by the Franchisee
shall become the property of the Franchisee. It shall be unlawful for any person
other than Franchisee to remove any material from such receptacles, though this
prohibition does not apply to bona fide law enforcement activity. Any person
removing such materials in violation of this section shall be subject to the
penalties set out in AMC 1.08. Ownership shall not transfer to the Franchisee
until the Franchisee takes physical possession of the collected materials.
7. Improperly Placed, Improperly Prepared or Overweight Materials.
The Franchisee is not required to collect materials that are non-conforming, not
properly placed, prepared or are overweight, as defined in the Customer
Responsibility Section. The Franchisee is required to provide written notice to
the customer of the reason for non-collection. The date, service address and
Franchisee contact information shall be provided on the notice. The Franchisee
shall retain a copy of the notice and any needed support documentation. In the
event Franchisee unknowingly collects non-conforming materials, ownership of
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ASHLAND
such materials including any mixture of such materials with non-conforming
materials shall not transfer to Franchisee.
If a customer deposits non-confonning materials, fails to set out or improperly
prepares or places the container, the Franchisee shall offer the following options:
(1) Immediate collection of the conforming materials at a City-approved
rate.
(2) Collection of the conforming material as one free extra the following
week on the designated collection day.
8. Clean Up on Route
The Franchisee shall make a reasonable effort to pick up all material blown or
littered during the course of collection subsequent to being set out by the
customer and prior to pickup, unless the problem is a recurring one. If material is
blown or littered prior to pick-up at a particular customer's address on a recurring
basis, the Franchisee may leave the blown or littered material at the Point of
Collection with a notice describing the problem. The date, and address shall be
specified on the notice. In the case of a commercial customer, the Franchisee may
charge a clean-up or extra yardage charge, and collect the material if a notice had
been given to that customer within the previous six months
G. RESIDENTIAL COLLECTION STANDARDS
The following Residential Collection Standards are specific to residential
collection, and are in addition to the general collection standards outlined in the
previous section.
1. Residential Containers
Franchisee shall provide roll carts to all residential regular service customers. The
carts should be designed for safe handling and shall be non-absorbent, watertight,
vector-resistant, durable, easy to clean, and provided with lids or covers that can
be readily removed or opened. Roll carts shall be clearly identified by displaying
the Franchisee identification prominently and conspicuously on the container.
Roll carts must be clean when delivered to the customer.
2. Roll Cart Deposit
Franchisee may not charge a deposit for roll carts for any level of service, except
as provided in Special Billing for Credit Risks
3. Replacement of Lost/Stolen Roll Cart
Franchisees may charge customers for lost, stolen, or damaged carts at 100% of
the bulk purchase price of a new roll cart most recently paid by the Franchisee.
The Franchisee is responsible for replacement of carts damaged in the course of
normal wear and tear.
4. Damage to Customer Cans
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ASHLAND
Franchisees are not responsible for normal wear and tear on reusable cans and lids
provided by customers. Damage caused by Franchisee negligence to cans and lids
shall be reimbursed to the customer and a roll cart issued. The age and previous
condition of the customer's equipment shall be considered. If a customer has
already been provided a roll cart by the Franchisee, personal customer cans may
only be used when a customer needs to set out materials as an "extra" service.
5. Residential Recycling Collection Standards
The following Residential Recycling Collection Standards are specific to
residential collection, and are in addition to the general collection standards
outlined in a previous section.
a. Co-mingled Recycling Materials
Franchisees shall provide year-round co-mingled recycling collection
service. Service shall be provided on the same collection day as solid
waste collection and yard debris collection, but may not have the same
frequency as a customer's subscription to solid waste collection service.
b. Source-Separated Materials
The Franchisee shall also collect the following source separated recyclable
materials set out for collection, so long as the materials are properly
prepared, separated from solid waste, co-mingled recycling and yard
debris, and placed at the appropriate point of collection:
1) Approved glass materials
2) Used motor oil (contained as approved by Franchisee)
C. Opportunity to Recycle
The Franchisee shall create and maintain a communications, education and
outreach plan consistent with the Customer Services Standards section of
this document ensuring public awareness of the opportunity to recycle
including recycling information, clear instructions on preparation of
recyclables for curbside collection, how the materials are being recycled
and a telephone number/website for information regarding recycling
collection service.
d. Residential Recycling Containers
The Franchisee shall provide a co-mingled roll cart and glass recycling bin
to the customer within seven business days after a customer initiates
service if not transferred between customers. Roll carts shall be labeled to
identify approved recycling materials. The City Administrator or designee
shall have the opportunity to review approve the type and style of all bins.
Such approval shall not be unreasonably withheld if Franchisee- proposed
roll cart is of a conventional design and manufacture currently in
predominant use on the West Coast of the United States.
e. Deposit for Bins/Lost or Stolen Bins
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Franchisees may not charge a deposit for the recycling roll cart or bin, but
may charge customers an approved replacement fee for lost or stolen bins.
6. Transportation and Marketing of Recyclable Materials
The Franchisee is responsible for transporting and marketing source-separated
materials for recycling by ensuring that all collected recyclables are delivered to a
processor or broker of recyclable materials or to an end-use market.
The Franchisee shall be prohibited from delivering or causing to be delivered any
collected recyclable material for disposal, except by prior approval of the City
Administrator or designee. Franchisee's placement of properly prepared
recyclables into any container currently being used to contain Solid Waste,
including the compartment of a collection vehicle currently being used for solid
waste, shall constitute a failure to comply with this standard.
7. Residential Yard Debris Collection Standards
The following Residential Yard Debris Collection Standards are specific to
residential collection, and are in addition to the general collection standards
outlined in a previous section.
a. Yard Debris Collection Schedule
Franchisees shall provide year-round yard debris collection service at the
same frequency as a customer's subscription to co-mingled recycling
collection service. Service shall be provided on the same collection day as
recycling and solid waste collection.
b. Yard Debris Containers
Franchisees shall collect all properly prepared yard debris in a Franchisee-
provided roll cart. Yard debris must comply with the material and
preparation standards outlined in the definition of Yard Debris.
1) All customers receiving weekly solid waste collection service shall
receive a yard debris cart upon request. This yard debris cart will be
provided by the Franchisee at no additional charge. Collection of
yard debris will be subject to the charges shown on the current
approved rate schedule.
2) Franchisees may not charge a deposit for roll carts for any level of
service, except as provided in Special Billing for Credit Risks.
3) Franchisees may charge customers for lost, stolen, or damaged carts
at 100% of the bulk purchase price of a new roll cart most recently
paid by the Franchisee. The Franchisee is responsible for
replacement of carts damaged in the course of normal wear and tear.
9. Transportation and Marketing of Yard Debris
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The Franchisee shall transport and market source-separated yard debris for
recycling by ensuring that all yard debris is delivered to a City-approved yard
debris processor. The Franchisee shall not deliver or cause to be delivered any
collected yard debris material for disposal, except by prior approval of the City
Administrator or designee. A Franchisee's placement of source separated yard
debris into any container currently being used to contain solid waste, including
the compartment of a collection vehicle currently being used to contain solid
waste, shall constitute a failure to comply with this standard.
10. Improperly Prepared Solid Waste
When the Franchisee encounters improperly prepared garbage, such as garbage
which contains hazardous or otherwise unacceptable waste, material which is too
tightly packed to fall from the cart, or unbagged animal waste or kitty litter, the
Franchisee shall collect only properly prepared garbage, if feasible, and leave the
improperly prepared material. The Franchisee is not required to segregate or sort
out the materials and has the right to reject any material for collection if the
material contains or is suspected of containing non-conforming material.
The Franchisee is required to provide written notice to the customer of the reason
for non-collection. The date, service address and Franchisee contact information
shall be provided on the notice. The Franchisee shall retain a copy of the notice
and any needed support documentation.
11. Improperly Prepared Recyclable Materials
a. Collect Only Properly Prepared Materials
A Franchisee shall collect only properly prepared recyclable material
placed at Curbside, and shall leave at curbside the improperly prepared
material or materials.
b. Customer Notification
When a Franchisee encounters improperly prepared recyclable materials,
Franchisee is required to provide written notice to the customer of the
reason for non-collection. The date, service address and Franchisee
contact information shall be provided on the notice. The Franchisee shall
retain a copy of the notice and any needed support documentation.
c. Disposal of Improperly Prepared Recyclable Materials at Customer
Request
Except at the request of the Customer, the Franchisee shall not mix with
Solid Waste any materials placed out as recycling in or next to the
recycling bin. If recyclable materials are mixed with solid waste at the
customer's direction, then the material may be charged as extra solid
waste.
12. Improperly Prepared Yard Debris
a. Customer Notification
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The Franchisee is required to provide written notice to the customer of the
reason for non-collection. The date, service address and Franchisee
contact information shall be provided on the notice. The Franchisee shall
retain a copy of the notice and any needed support documentation.
b. Disposal of Improperly Prepared Yard Debris at Customer Request
Except at the request of the Customer, the Franchisee shall not mix with
Solid Waste any source-separated Yard Debris that was improperly
prepared. If the Yard Debris is mixed with Solid Waste at the Customer's
direction, then it may be charged as extra solid waste if the volume causes
the Customer's next solid waste pick up to exceed the Customer's existing
level of service.
H.. OTHER RESIDENTIAL COLLECTION ACTIVITIES
1. Bulky Wastes
Franchisees shall provide for the collection of White Goods or Bulky Wastes
within seven business days of a customer's request. Rates shall not exceed the
maximum rates set by the Council.
2. Neighborhood Cleanups
Upon request by the City Administrator or designee, Franchisee shall participate
in official neighborhood/community cleanup events once per year. The City
Administrator or designee, in consultation with the Franchisee, will specify
materials required to be collected at such events. Collection method (e.g. drop
box or door-to-door collection) will be mutually agreed upon between the City
and the Franchisee. Expenses incurred in the course of conducting cleanup
activities are allowable costs for rate review.
L COMMERCIAL COLLECTION STANDARDS
The following Commercial Collection Standards are specific to commercial
collection, and are in addition to the general collection standards outlined in the
previous section.
1. Waste Evaluation
When a commercial or multi-family customer initiates service, the Franchisee
shall offer to perform an assessment of the customer's needs to assist the
customer in choosing an optimal combination of solid waste disposal and
recycling programs. The assessment should involve questions about the business
size, and specific queries to identify waste prevention and recycling opportunities.
The results of the assessment should be reflected in the services selected.
Assessments shall be maintained at least three years, and updated at the request of
the customer at least every three years. Franchisee shall offer solid waste needs
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ASHLAND
assessments to all commercial customers via bill stuffers, advertisements, and
Franchisee website a minimum of four (4) times per calendar year.
2. Commercial Containers
a. The Franchisee is required to provide roll carts or containers to all
commercial customers. When a customer initiates service, the Franchisee
shall provide containers to a customer no later than five business days
from the time of the customer request. Receptacles shall be designed for
safe handling and shall be durable, easy to clean, and be provided with
connected lids or covers that can be readily opened. Receptacles shall be
clearly identified by displaying the Franchisee name, telephone number
and logo prominently and conspicuously on the container. Any additional
information, graphics or signage shall be reviewed and approved by the
City Administrator or designee. Receptacles must be clean when
delivered to the customer.
b. Franchisees may not charge a deposit for carts and containers, except as
provided in Special Billing for Credit Risks.
c. Franchisees may charge customers for lost, stolen, or damaged
receptacles at 100% of the bulk purchase price of a new receptacle most
recently paid by the Franchisee. The Franchisee is responsible for
replacement of receptacles damaged in the course of normal wear and tear.
3. Scheduling
The Franchisee and the customer should mutually agree on the collection day(s)
and frequency of collection that meets the customer's needs and work into the
Franchisee's established routing.
4. Access
Containers shall be placed in a readily accessible location on a hard, level surface
extending to the street. An enclosure must be unlocked at the time of collection.
The driver should not have to push containers more than 25 feet in order to attach
them to the collection vehicle for dumping. The Franchisee may cumulatively
add City-approved extra distance, gate, or access charges for difficult to reach
receptacles.
5. Commercial Recycling Collection Standards
The following Commercial Recycling Collection Standards are specific to
commercial collection, and are in addition to the general collection standards
outlined in a previous section.
a. Commercial Recycling Containers
The Franchisee shall deliver appropriate recycling receptacles to the
customer within five business days after a customer initiates service. The
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solid waste container rates include a recycling component, and recycling
service is therefore provided to the customer at no additional charge.
b. Commercial Waste Evaluation
The waste evaluation may involve the provision of waste paper collection
boxes/bins, roll carts, caged containers, or other standardized receptacles
in order to optimize separation of materials for recycling. The Franchisee
is required to provide adequate training to assist the customer in making
best use of the recycling collection system. The evaluation may also
include information regarding affiliates or sub-contractors that provide
specific waste reduction or recycling services.
6. Transportation and Marketing of Recyclable Materials
The Franchisee shall transport and market source-separated materials for
recycling by ensuring that all collected recyclables are delivered to a processor or
broker of recyclable materials or to an end-use market. The Franchisee shall not
deliver or cause to be delivered any collected source-separated recyclable material
for disposal, except by prior approval of the City Administrator or designee. A
Franchisee's placement of properly prepared recyclables into any container then
containing Solid Waste, including the compartment of a collection vehicle
currently being used to contain solid waste, shall be a failure to comply with this
standard.
J. MULTIFAMILY SOLID WASTE COLLECTION STANDARDS
The following Multifamily Collection Standards are specific to multifamily
collection, and are in addition to the general collection standards outlined in the
previous section.
1. Waste Evaluation
When a customer initiates service, the Franchisee shall offer to perform an
assessment of the customer's needs, and assist the customer in choosing an
optimal combination of solid waste disposal and recycling programs. The
assessment should involve questions about the size of the complex, and specific
queries to identify the best location for recycling collection sites or depots. The
results of the assessment should be reflected in the services selected.
Assessments shall be maintained at least three years, and updated at the request of
the customer at least every three years. Franchisee shall offer solid waste needs
assessments to all commercial customers via bill stuffers, advertisements, and
Franchisee website a minimum of four (4) times per calendar year.
2. Multifamily Solid Waste Containers
a. The Franchisee is required to provide roll carts or containers to all
multifamily customers. When a customer initiates service, the Franchisee
Rules - 13
CITY OF
ASHLAND
shall provide containers to a customer no later than five business days
from the time of the customer request. Receptacles should be designed for
safe handling and shall be durable, easy to clean, and provided with
connected lids or covers that can be readily opened. Receptacles shall be
clearly identified by displaying the Franchisee name and telephone
number prominently and conspicuously on the container. Receptacles
must be clean when delivered to the customer.
b. Franchisee may not charge a deposit for carts and containers, except as
provided in Special Billing for Credit Risks.
c. Franchisees may charge customers for lost, stolen, or damaged
receptacles at 100% of the bulk purchase price of a new receptacle most
recently paid by the Franchisee. The Franchisee is responsible for
replacement of receptacles damaged in the course of normal wear and tear.
3. Scheduling
The Franchisee and the customer should mutually agree on the collection day(s)
and frequency of collection that meet the customer's needs and work into the
Franchisee's established routing.
4. Access
Container rates assume that containers are located in a readily accessible location
or enclosure that is unlocked. The driver should not have to push containers more
than 25 feet in order to attach them to the collection vehicle for dumping. The
Franchisee may cumulatively add City-approved extra distance, gate, or access
charges for difficult to reach receptacles.
5. Multifamily Recycling Collection Standards
The following Multifamily Recycling Collection Standards are specific to
multifamily collection, and are in addition to the general collection standards
outlined in a previous section.
a. Multifamily Recycling Containers.
The Franchisee shall deliver appropriate recycling receptacles to the
customer within five business days after a customer initiates service. The
solid waste container rates include a recycling component, and recycling
service is therefore provided to the customer at no additional charge.
b. Waste Evaluation.
The Waste Evaluation may involve the provision of collection boxes bins,
co, mingled roll carts, caged containers, drop boxes, or other standardized
receptacles in order to optimize separation of materials for recycling. The
Franchisee is required to provide adequate training to assist the customer
in making best use of the recycling collection system.
Rules 14
CITY OF
ASHLAND
6. Transportation and Marketing of Recyclable Materials
The Franchisee shall transport and market co-mingled and/or source-separated
materials for recycling by ensuring that all collected recyclables are delivered to a
processor or broker of recyclable materials or to an end-use market. The
Franchisee shall not deliver or cause to be delivered any collected co-mingled or
source-separated recyclable material for disposal, except by prior approval by the
City Administrator or designee. A Franchisee's placement of properly prepared
recyclables into any container other than containing Solid Waste, including the
compartment of a collection vehicle currently being used to contain solid waste,
shall be a failure to comply with this standard.
7. Collection of Approved Source-Separated Recyclable Material
The Franchisee shall collect the following materials set out for collection at
multifamily complexes, so long as the materials are properly prepared, separated
from solid waste and yard debris, and placed at the appropriate point of collection:
1) Approved glass recycling
K. SYSTEM AND EQUIPMENT STANDARDS
1. Vehicle Condition and Maintenance
All collection equipment must be maintained and operated in compliance with all
local and state statutes, ordinances, and regulations including compliance with
regulations related to the safety of the collection personnel and the public.
2. Prevention of Leaking and Spilling Loads.
All vehicles shall be constructed, loaded, operated and maintained in a manner to
reduce, to the greatest extent practicable, the dropping of, leaking, blowing,
sifting or escaping of Solid Wastes, Recyclable Materials, liquids, vehicle fluids,
or lubricants from the vehicle, except the normal leakage of fluids typically
associated with properly maintained vehicles. Leaks due to equipment failure
shall be immediately contained and remedied as soon as practicable.
3. Vehicle Inventory
The Franchisee shall provide the City Administrator or designee with an
inventory of vehicles used within the City. The list shall include vehicle ODOT
and Oregon license plate numbers.
4. Vehicle Covers
All open-body collection vehicles shall have a cover, which may be either an
integral part of the vehicle or a separate cover. These covers shall be used while in
transit, except during the transportation of Bulky Wastes.
5. Vehicle Identification
All collection vehicles shall bear a unique identifying number, and shall clearly
display company identification and contact information prominently and
conspicuously on both sides of the vehicle. Any additional information, graphic or
Rules - 15
CITY OF
ASHLAND
signage must be reviewed and approved by the City Administrator or designee
prior to installation and use.
Before a new or used vehicle is put into service the vehicle must include all
required identifications. All vehicles shall have current, valid registration with the
State of Oregon and all drivers shall possess a current, valid commercial driver's
license if required for the vehicle type.
6. Compliance with Law
The Franchisee shall comply with all applicable federal, state, and local laws and
regulations relating to driving, transportation, and Solid Waste and Recyclable
Material collection and disposal.
7. Processing and Storage Yards
Any processing and storage of collected materials shall be undertaken in a
location suitable and adequate for such activity. Processing and storage facilities
shall comply with all applicable zoning ordinances and any other applicable local
and state statues, ordinances and regulations.
8. Facilities for Storage, Maintenance and Parking
Facilities for storage, maintenance, and parking of any collection vehicles,
receptacles, or other equipment shall comply with all applicable zoning
ordinances and any other applicable local and state statues, ordinances and
regulations.
9. Compactors
Stationary compactors for handling Solid Waste shall comply with applicable
federal, state and local safety regulations. No such compactor shall be loaded so
as to exceed the safe loading design or operation limits of the collection vehicles
used by the Franchisee. Compactors shall comply with all local, state and federal
weight regulations or standards. A person who wishes services for a compactor
should, prior to acquisition of such compactor, inquire of the Franchisee as to
compatibility with the Franchisee's equipment or equipment that the Franchisee is
willing to acquire. In the event a weight violation occurs, all costs associated with
such violation shall be the individual responsibility of both the generator and the
owner of the compactor. The generator shall be responsible for insuring
compatibility with the Franchisee's equipment and all cost of retrofitting any
collection equipment shall be the responsibility of the owner of the compactor.
L. INFECTIOUS AND NON-CONFORMING WASTE
1. The Franchisee shall provide for collection of medical and infectious waste
either through its own forces or by subcontract with a qualified disposal firm for
this service. In either case, the Franchisees and their subcontractors shall conform
to all rules and laws including, but not limited to, those of the State of Oregon
Rules - 16
CITY OF
ASHLAND
applying to the collection, transportation, storage, treatment, and disposal of
medical and infectious wastes.
2. The Franchisee is not required to collect non-conforming wastes from
customers. Non-conforming wastes includes regulated hazardous wastes and
other hazardous substances that Franchisee is not aurthorized to accept for
disposal or recycling. If a Franchisee identifies a non-conforming waste that the
customer has placed for collection with solid waste, recyclable materials, or yard
debris collection, the Franchisee shall leave the material along with a notice
indicating the presence of the non-conforming material. The Franchisee shall
retain a copy of the notice and appropriate supporting documentation.
3. When the Franchisee refuses to pickup due to the presence of a non-conforming
waste, the Franchisee shall offer the following options once the non-conforming
waste is removed completely from the Solid Waste, Recyclable Materials and/or
Yard Debris:
1) Immediate collection of the Solid Waste, Recyclable and/or Yard
Debris for the City-approved Go-back Rate.
2) Collection of the Solid Waste, Recyclable and/or Yard Debris at the
discretion of the Franchisee, this collection shall be subject to an extra
fee, per the then current approved rate schedule.
M. CUSTOMER SERVICE STANDARDS
1. Office Requirements
Franchisees shall have office staff or an answering machine or service available to
accept Customer calls and complaints at all times. Phone lines must be dedicated
customer service phone lines with the Franchisee's business name listed as a
business in the telephone directory.
2. Resolution of Customer Complaints and Inquiries
a. Response Time
Franchisee shall respond to customer inquiries or complaints within 48
hours, not including weekends or holidays.
b. Complaint Log
Franchisee shall maintain a record of all complaints made to Franchisee
regarding service. This record or complaint log shall include at a
minimum the following information: the name, address, and phone
number of the complainant, if known; the date of receipt of the complaint;
the subject matter of the complaint, the disposition of the complaint; the
date of disposition of the complaint, the date and method of notification to
the complainant of the disposition. The records of complaints shall be
available to the City Administrator or designee for inspection at any time
during normal business hours. A copy of the complaint log for the
calendar quarter shalt be submitted to the City with the franchise payment
Rules - 17
C I T Y OF
ASHLAND
for that calendar quarter. Complaint records shall be maintained on the
Franchisee's premises for two years.
3. Franchisee Demeanor
The Franchisee and its employees shall always be courteous in its interactions
with customers, and shall not use foul or abusive language. In evaluating
complaints regarding discourteous behavior, the City Administrator or designee
shall base his or her decision on whether or not a reasonable person would find
the actions or response of the Franchisee to violate community standards for
courtesy.
4. Billing Standards
a. Billing Period
Except in cases of customers that qualify as credit risks, Franchisees shall
bill customers not more than ninety (90) days in advance of the end of the
service period or sixty days in arrears of the beginning of the service
period. Payments shall not be due more than 31 days before the end of the
service period being billed, nor less than fourteen days after the date of the
postmark of the billing.
b. Billing Contents
Billings shall contain the following minimum elements: service address,
coverage of dates being billed, and the billing rate for each of the
customer's services and level of service. The bill will also contain an
aggregated total of all additional charges during a period.
c. New Customers or Customers to Whom Service Has Been Suspended
New customers that do not meet the credit guidelines submitted by the
Franchisee and approved by the City, and customers who require
suspension of service for non-payment of account three or more times
within a calendar year may be considered credit risks. The Franchisee is
responsible to select a credit policy that complies with all laws, and to
apply the policy uniformly throughout its customer base.
d. Credit Risk Customers
Franchisees may handle credit risk customers in one of two ways:
Advance Billing: Franchisees may require credit risks to pre-pay up to
three months in advance of service, and continue to perform service
for prepaid service up to one year. After one year of prompt payment,
the customer must be reclassified to regular status.
Deposit: A Franchisee may charge a deposit of three month's revenue.
The deposit must be returned to the customer after twelve months of
consistent prompt payment.
e. Late Fees/Service Charges
Rules - 18
CITY OF
ASHLAND
Franchisees may assess late fees and service charges, including interest
and other charges related to the cost of collecting overdue payments on
accounts not paid by their due dates. Such charges shall be reasonable and
approved by the City Administrator or designee in advance. Charges may
not be imposed earlier than ten days before the end of the service period
being billed, or ten days after the due date, whichever is later.
5. Refusal of Service
Franchisees may refuse collection service to any customer if the customer has not
paid a bill unless the customer has initiated a formal dispute within thirty (30)
days of the billing due date. Franchisee may also refuse collection service to any
customer if the customer has repeatedly attempted to dispose of non-conforming
wastes. In no event, however, shall a Franchisee suspend service without first
notifying the customer in writing not less than seven business days prior to the
date of intended suspension of service. The Franchisee may assess and receive
City-approved re-start and collection fees from the customer prior to resuming
service.
6. Responsibilities for Customer Education/Promotion
The Franchisee shall assist in the development and participate in promotion and
education efforts as outlined below.
7. New Customer Information
Franchisees shall provide each new customer with information that is reasonable
to permit the customer to make a reasoned choice of service. Franchisees shall
actively assist the customer in making the final selection. Within seven business
days of a customer's initial call, a Franchisee shall offer the customer printed
material describing the levels of service and rates and/or refer the customer to the
Franchisee website for complete service information.
8. Distribution of City-provided Informational/Educational Materials
Franchisees shall coordinate with the City Administrator or designee for the
distribution of City-provided information and education notices to all customers
including customers whose service is provided monthly, on-call and to residents
of rental property.
9. Notice of Change in Schedule
Franchisee shall provide notice of changes in regular collection schedules or any
other pertinent information with a minimum notice of fourteen (14) business days.
Notice shall be in the form of written material sent via regular first class postal
service or via email notification if applicable.
10. Coordination with City
Franchisee shall notify the City when considering Franchise-wide promotional or
educational activities, and provide the City Administrator or designee with
Rules - 19
CITY OF
ASHLAND
advance copies of materials for review and approval prior to distribution to
customers.
N. CUSTOMER RESPONSIBILITIES
1. General Customer Requirements
a. All residential, multi-family and commercial properties in the city shall
provide for collection of solid waste, recyclable materials and yard debris
in accordance with Ordinance No 2013-
b. Except as otherwise provided by a written agreement between the
landlord and tenant, the owner of any residential or multi-family dwelling
complex who resides, rents, leases or lets dwelling units for human
habitation shall:
(1) Subscribe to and pay for collection service with the Franchisee
on behalf of his/her tenants or, if the dwelling complex contains
four or fewer units, self-haul solid waste to an approved disposal
facility;
(2) Provide a sufficient number of receptacles of adequate size to
prevent the overflow of solid waste, recyclable materials and yard
debris from occurring. Receptacles shall be placed in a location
accessible to all dwelling units;
(3) Provide for sufficiently frequent, but at least weekly, collection
of solid waste and recyclable materials, except for compactors,
which shall be collected at least every fourteen (14) days; and
(4) If the dwelling complex has four or fewer units and the owner
is self-hauling solid waste, provide for the same level and
frequency of collection of recyclable materials and yard debris as
are required of Franchisee serving residential customers
2. Residential Placement of Receptacles and Materials
Residential customers are required to place materials for collection at the
appropriate point of collection as described in the Residential Collection
Standards section. Customers should place receptacles so that they do not block
sidewalks, driveways, public streets, or other rights of way. Residential
receptacles must be placed prior to 7:00 am on their collection days.
Customers in areas where Franchisee have automated collection shall be expected
to make reasonable accommodations to place carts and park cars so as to reduce
interference with automated collection equipment. It is the Franchisee's
responsibility to educate customers about the necessary accommodations.
Receptacles must be removed from the curb and into the customer's yard area
within 24 hours from the time of collection.
3. Commercial Set Out Location
Commercial and multifamily customers shall set solid waste, recyclable materials,
and yard debris receptacles at a location that is readily accessible and safe to
Rules 20
CITY OF
ASHLAND
empty or load, that does not require a Franchisee to go up and down stairs, and
that is agreed upon by the Franchisee and the customer.
4. Recycling to Set Out in Recycling Bins
Recyclable materials shall be placed in co-mingle roll carts or recycle
bins/containers that clearly segregate them from Solid Waste or other materials
the customer does not want to discard.
5. Secure Lightweight Materials
Lightweight materials such as ashes, Styrofoam "peanuts", kitty litter, and
sawdust shall be placed in a tied or sealed bag or box and placed securely within a
closed container to minimize dispersion prior to and during placement into the
collection vehicle or container. Failure to comply is a violation of Ashland
Municipal Code 9.08 and subject to penalties described therein.
6. Contents of Carts/Containers Must Fall Freely
Contents of Solid Waste or Yard Debris carts/containers must fall freely. The
Franchisee shall not be responsible for digging the contents out of a cart or
container.
7. Weight Limits
Contents of receptacles must fall freely. Franchisees are not responsible for
digging the contents out of receptacles. The following table describes approved
weight limits:
Size/Type Maximum Weight (Including Container)
U to and including 32 gallon carts 65lbs.
Franchisee-provided carts over 32, up to 100lbs.
and Including 64 gallons
Franchisee-provided carts over 64, up to 145 lbs.
and includin 96 gallons
Containers equal to or greater than 1 cubic 250 lbs. Per cubic yard
and and less than 10 cubic yards
Containers greater than 10 cubic yards Weights subject to Franchisee Truck
Capacity
Compacted Containers 500 lbs. Per cubic and
8. Responsibility to Separate Overweight or Overfilled Contents
When containers are overweight or overfilled, it is the customer's responsibility to
separate wastes into additional receptacles or bags so that weight limits are
observed and container is not overfilled. The additional receptacles or bags are
subject to extra charges as applicable.
9. Preparation of Recyclable Materials
Rules - 21
CITY OF
ASHLAND
Customers shall prepare recyclables in accordance with City-approved
instructions provided and published by the Franchisee.
10. Preparation of Yard Debris
The customer shall place yard debris in provided roll carts.
11. Infectious Waste Setout
Infectious wastes, including hypodermic needles, must be placed in appropriately
marked containers. Customers shall not place these items into roll carts or
containers for collection of Solid Waste, Recyclables or Yard Debris. Customers
must contact the Franchisee to determine proper disposal options.
12. Non-Conforming Waste
Customers shall take appropriate actions to ensure that non-conforming waste
including hazardous wastes, chemicals, paints, corrosive materials and hot ashes
are not put into a receptacle for solid waste collection.
13. Unacceptable Waste
The customer shall not place unacceptable materials in solid waste receptacles.
Unacceptable materials include: oils, fats, and other liquids generated by
commercial entities, semi-solid wastes, hazardous wastes, and flammable
materials. The customer should contact their Franchisee for information on proper
disposal.
14. Payment Responsibility
Customers must pay their invoices within the due dates specified by the
Franchisee, as long as the Franchisee has submitted a collection plan with the City
and has received the City's approval of the plan. Customers who do not pay the
amount due within terms are subject to stopped service and collection actions.
15. Notification of Missed Collection or Billing Errors
Customers are responsible for prompt notification of the Franchisee when
problems arise such as apparent missed collections or billing errors. Customers
must notify the Franchisee regarding obvious billing errors, such as improperly
charged extras, within 60 days of receipt of an original invoice in order to receive
credit. Customers may not deduct from payment for past missed pickups.
16. Vacation Credit
The customer is responsible for requesting a vacation credit from the Franchisee.
Vacation credits are available only for periods of at least two weeks, and must be
requested at least 48 hours in advance of the first pickup that.`Js scheduled during
the vacation period.
0. REPORTING TO THE CITY
1. Equipment and Depreciation
Rules - 22
CITY OF
ASHLAND
Franchisee shall describe the methodology use to set the standard economic lives
of equipment based upon industry input and prevailing practices and provide such
reporting to the City Administrator or designee for review and approval with
methodology.
2. Annual Reports
The Annual Report will ask Franchisees to detail Revenues and Expenses
(allowable and unallowable), in an income statement format, and provide a
variety of information about customer counts, cost allocation, customer
classifications, service levels, disposal volumes, and recycling activities. The
majority of expenses incurred by a collection company can be associated with one
of the following key allocation bases:
a. Truck Hours-The number of hours that collection vehicles are
operated within an area throughout the year.
b. Labor Hours-The number of paid hours for collection personnel.
c. Customer Count-The number of customers within each customer
classification at each Service level.
d. Disposal Volume-The number of yards or tons collected within an
area or by customer classification
e. Revenue-The amount of revenues generated within an area, service,
program or customer classification.
3. Quarterly Studies
Franchisees may be required to conduct semi-annual studies of each route for two
weeks to determine relative truck, labor, and disposal amounts or ratios to be used
in allocating expenses to the Franchisees' various operating areas. Franchisee
must make these studies or ongoing allocation programs available for inspection
by the City per the Access For Inspection provision of this ordinance. Franchisees
will use the key allocation information to allocate shared allowable expenses. The
City will determine the revenue and expense detail items and the associated
allocation bases to be used for allocation of each item.
4. Cost Allocation of Operations
In addition to the results of operations within the City of Ashland, Franchisee
shall report totals for all operations that share significant operational,
management, and administrative expenses with the Ashland Franchise. Resources
allocated from regional or corporate offices or affiliates shall be distributed to
appropriate expense line items, and shall also be disclosed in a schedule
describing total allocations and their distribution to individual expense line items.
All allocations from Affiliated Companies must be described and must be equal to
or less than the fair market value of similar goods and services purchased from a
third party.
5. Program Meetings
Rules - 23
CITY OF
ASHLAND
As scheduled by the City Administrator, Franchisee shall attend program status
meetings. The City will provide reasonable advance notice of required meetings
by facsimile, email, or mailed notices.
Rules - 24
Attachment B
R<[olon nsnlantl Samun s<m[e
Ono
Cily aI a "Ibrand
PropaseE moease 0tlber 1, 3013
Residential
Curtenl Service Prv outlS,,.
..,a ..am Numbered Curren served bro nl lbn Number of Rates w/ sending seek see.
Sofia Wale Green Room I< Oatomen Rate[ Solid Waste Green sentence Crnumen Oe " Derst
33Ga0o1 3264. 96Ga cro 5,544 $19.D 33 Galion E4 Gallon 32 Galoo 51. 519.65 151.591 5;826
64 Gallon 33, E4, 96 Gallon 30 $38.5] 64 Gallon E4 Gallon b4 Galbn 20 $39.70 1$1.591 $36.11
96 Gallen 32,fi4, 96Gallon 2 $5].IIS 96Gallon taGallon 96Gallon 2 $59.55 1$1.591 $57.96
Si 32, 64, 96 Gallon . $40.]; SocYers 606 $43. GO $42.00
Yellow bags 31, 64, 96 Gallon 206 52].02
96Gallon 32.64. 96 Gallon 2,146 $6.56 96 Gallon ;146 $7 Go b.CU
32 Gallon 16 50.00 32 Gallon ) $500 $5.
54G alon 3]4] $O.W 64 Gallon 901 $5 re $5 C0
96 Galbn 1S So Do 966allon 33 $600 $6W
y mPO ea,ervl[<:
1 Solla waste
no servile will incl gallon rerycling can, Green wave would remain a sWS[dpll0n s<rvl[e. Atla~lonal rerycling and
Breen no ra will car goustfo m for $UrLT.nmenn
i cor and yellow ba
gcuslntl re erve meeting ge i brfree. Recycling will alonger be Included Therate recycling
'weer will be $5/ba55/momM1 Iorn a a M 64 gallo Wllan ca caa Cents ot r r erycling ng cans s will l be be av albble le for S2/month. Yellowbagaagsmil will bee
mentl condrue in a32 gallonn cagree green n wa waste ca rtpm Fye. Recgy,
efrln war 5[bc Lenwill
3 Green waste men b currreryclingservicele for brtre e seralce Jlwill no longer be Included. Me rate brr<Mling
urvwillbe $5/$5/mr for y a Go art. Prance re rcl, adswill
redeabeake wblimnth
.
4 e l
alomen will rol onganler on to, c[eiveservbe for free/nee. . The ibe rate for rery[Iini servle will b Fe firebomb fo fora 6a gallon cart.
grt. evermung
rtcyNng carts wig be will for SYmonM.
Avid-of Proposed Rates - New Carths" ter 107 9/24/201311:2] RM
ard"I gy AanUne Hmunservice
ctyol ASnhna
proposed lneiease on!l1r 1, 2013
Cnmmemal Gain Aernyce
Cmrem servile pm oua HrvA.
to Ofa[rllion Number off Curren HrvIdo 0eudtlon Nrmrberof Rates w/ o'cenng any've/o
Solid waste Greg Recycle Customer[ Rates HIId Waste Green Re le Cuetomen lG De Grand
32 Gallon lx Week 32, 60, 96 Gallon 339 $1929 3E Gallon In Week 616allon 339 $19.85 (1`591 18.26
32 Go Ilan 2 v Week 32, 64,95 Gallon 1 $38.52 32 Gallon 2v Week in Gallon 1 $39.70 11.591 39.11
32 Gallon 3 a Week 32, 64,96 Gallon - $5]86 32 Gallon 3k Week 64 Gallon - $5955 1L591 57.96
32 Gallon 4 v Week 32, 64,95 Gallon - $7713 32 Gallon 4v Week 6A Gallon - $7940 11.591 77.81
31 Gallon 5 e Week 32, 64.96 Gallon 1 $9642 32 Gallon 1s Week 6A Gallon 1 $9935 11.591 NAp
11 Fallon by Week 37, is. 1f indien - $115.70 32 Gallon 6v Week 64 Gallon 5119.10 111591 11)51
61 Gallon lx Week 32, 64, 96 Gallon 127 SM11 64 Gallon I a Week 64 Gallon 127 $39 do 11.591 30.11
W Gallon 2v Week 32, di, 966allon - $77.1364 Gallon 2 a Week 64 Gallon - S7940 11.591 77,81
64 Gallon 3v Week 3461. 96 Gallon - $11530 64 Gallon 3x Week 64 Gallon - $1191D 11.591 117.51
W Gallon 4x Week 3L 64, 96 Gallon 1 $15438 64 Gallon 4a Week 6l Gallon ] $159.00 (1.59) 157,21
641Culon Sx Week 32, 64, 96 Gallon 51938464 Gallon 5 x Week MGallon - $198.50 11.591 196.91
W Galion 6v Week 3L 64, 96 Gallon I S.1.41 As Grown 6x Week 6a Gallon 1 $239.20 pS91 .1.61
96 Gallon I a Week 33 N. 96 Gabon 62 55386 96 Galion I a Week 6l Gallon 62 S5955 (159) 57.96
. Gallon la WNk 3L W, 96 Gallon 2 51153096 Gallon 2 a Week 61 Gallon 2 SI39.10 11591 117.51
%Gallon 3a Week 3364, 96 Galion 5 517356 %GaAon 3a Week NGallon 5 $17865 11.591 177,06
Rh Gallon 4a Week 3261.96 Gallon 1 523141 9A Gabon 4 x Week "Gallon 1 $238.25 (159) 236.61
%6allon 5v Week 3a, W, 9fi Glllon S1893796 Gallon 5 a Week 646allon - $257.75 11.591 DAl.
. Gallon 6, Week 3361, 95 Gallon $347.11 Gallon 6a Week 6l Gallon - $35330 (1.59) 355.71
96 Galion 3j Sul, 96 Gallon Ill 565fi 96 Gallon 111 S7.00 Top
32 Galion lg Week 50.W 32 Gallon l x Week - SSW 5.
32 Gallon 2. Week SO.W 32 Gallon 2 x Week - slow low
32 Glide 3 x Week $O.W 32 Gallon 3x Week - $I50C 15.W
64 Gallon l x Week Pdo 64 Gallon lx Week SA. 5.00
64 Gallon 2e Week - $G Go 64 Gallon 2v Week slow 10.00
64 Gallon 3x Wask - $0.w 64 Gallon 3 v Week - $15.w 1500
in Gallon Ix Week - $O.Go 96 Gallon Is Week - $6W 6no
96 Gallon 2e Week - Ad DO 9fi Gallon Ex Week 51300 12.w
96 GeIlon 3x Week do.w 96 GaIlon3x Week 518 OD 10.00
pmposeesenide;
1 Hlldevaste onvic will include on 64 gallon recycling Cart. Additional re[yellng[ad, will be availablf for$2/montb/nervice.
2 Slicker served. be, untoTld currently receive recycling service for free. Recycling will no longer be Induced. Me rate for re[tt8ng
ervke will be 55/m4ntF for a 64 galon oR ivua green waste or mry[ling owns will be available for $a/momM1 for onetime per week service.
yellow bags will be ellmleated Stlckerawdl continue in a 32 gallon can provided by Recolgy.
3 Green waste[ustmmen ourrently re[eWe weremg service for free. ReMBngse asplnolonga' be included, Me ive for rerydoll
kervke will be SS/mettle for a 64 he. on. Eon green waste or ne[y[ling cons will pa available for $1/mwrth for one time per week service.
4 Recycle only cmtumed cool no Ranges week service for lm. Me rate for reryding service will be$5/monM for a 64 gallon on.
fttn recycling NM will be available for 52finwn[b_ 2 yard cardboard all will be available for 525 for one time per week service.
Ashland Proposed Rates- New Contract Rates 2 of 7 9/24/201311:21 AM
Remlogy Ashland San It ary Servla
Clryol FSbland
Prepared meters. OROber 1, 2013
Cpnme d.,.1n Servla
Cwrenl5ervia Pro ptl
Service 0r"11.11o1 Numbest Cimll Servke C."n ar, umberal Rare, w/ Reding Islas./o
Solid Waste Green R de c"romere Rates Sold Waste Green Pet ele Custonar5 Stakes Oe 01 Defeat
?1 Yard la Week IDS $90.031 Yard l e Week 105 SI0106 (1591 $99.7
1 Yard la Week 15 S170.59 IYard 2a Week 15 5171.5. (1.591 S1.97
I Yard 3a Week ) $247.05 1Yard 3a Week ) 5255.70 11.59) $2.11
l no 4r Weak $317.63 1Yard 4a Week $3118.75 I'S") $321.16
]Yartl S. Weak 1 $387.D IYard Sz Week 1 Sent 1159) $399.19
1 and 6. Weak 5457.92 1Yard 6x Week SaU.77 11591 $467.18
1.S Yard I a Week 25 5122.05 1.S Yard lx Week 25 $126.32 1.591 $12a.73
IS Yard 2a Week S2 Sz1?37 1.1 Yard 2x Week 82 $319.80 1159) $210.11
IS Yard 3x Week ) $3DI.5I 1.1 Yard 3x Week I $31933 11.59) $316.74
1.5 Yard 4x Week 2 $39545 1.5 Yard 4a Week 2 $409.U 1159) $407.70
1.5 Yard 5a Weak 1 $402.11 1.S Yard 5x Week 1 $498.98 (1.59) 5497.39
LS Yard 6a Week 1 $56389 1.5 Yard 6a Week 1 $583.63 (159) 5502..
]S Yard la Weak 1 $691. 1.S Yard 7a Week 1 5716.26 (1.59) 571467
: no la Weak 71 St..181 2Yara le Week II SI64.37 11.59) 5162.718
z Yard zx Week 57 5276.X 2Yard 2x Week 57 $20601 1159) 5204.42
2 Yard 3. Week 37 $4.122 2Yard 3x Week 37 $414.x3 (159) $41364
2 Yard 4x Week If $51..57 2Yard 4a Wask 8 $533.58 (1.59) 553099
2 Yard 5x Week 2 $627.33 2Yard 5x Week 2 $649.29 (1.59) $647,70
2 Yard 6a Weak 5 $733.73 2Yard 6x Week 5 S759a1 (1.59) 5757,82
2 Yard 7, Weak 2 59.49 2Yard 7. Week i $933. (1159) $93042
2 Yard Grottos. 1. 241 36 2Yard rents rd 1. Wk 36 $000 $OW
2 Yard GMMra 2. Wk 4 2 Yard Cartlboare 2. W1 a $0.00 SGOO
2 Yard Grtlew rd 3 awk 5 :Yard Grdboard3ewk 6 $Gdo 1 I_ Arbhnd Pmpoad Rater - New Contract Rater 3 of 9/2 4/2 013 11'21 AM
Remo,asanhnexm[a'Servlre
Cry of ASnbne
Proposed mrnase October 2, 2013
Debris B..
Colo,lervire Pro asad SeMre
SeMre Number of Number of Col., Servl[e Number of Number of Purposed
description Customers IoaM Rates Deam Customers Loads Rates
]Yard per Load 1 52 $150.73 rare per Load 1 52 $164.29
. Yarl Per Load Lad I.Mf $197.24 10 IN per lead ID] I,Lfi3 $204.14
20 I. Per Load - N/A 7,l Yard per Wad N/A
. Yard Per Load 65 246 $330.5] SS Yard per load 65 249 5342.34
3D IN per Load N/A 30 Yead Per Load -/A
b Yard Per Lead 2 12 552893 .IN per Load 2 12 5547,32
25 Yard RerYCle 14 243 $OCO 21 IN Rain[, 14 243 SDW
Compxtor
Carrell -N Proposed serIce
Service Number of Number Corned xrvkP uumCer of Number Prepared
Usco'eae Customers oflaads Rates Dearrl0tion Cuitomen alloads Rarer
I Yard per Wtl - $31.27 1Yard per Load - 53336
2 Yard per Load - $62.53 2Yard per Load - 5M72
3 Yard per Load - 593.00 3Yard per Load - $97,08
4 Yard per Load 3 93 $12506 4Yard per load 3 .3 $129.44
8 Yard per Load - $46450 aYard per load $460.76
15 Yard Per Load 2 45 $37A11 IS Yard per load 2 45 $397.69
M Yard per Load 1D 94 $463.15 20 Yard per Load ID 94 547936
25 Yard per Load 1 23 $551.55 25 Yard per Load L 23 $510.05
30 Yard per load 563935 30 Yard par load $662.35
Ashland Proposed Rates - Nex Quorad Rater 4017 9/24/201311:21 AM
Recology Ash hand Sanitary Service
Gty of Ashland
Proposed Increase October 1, 2013
Medical
Cvrenl Service Pro ond Service
Se MCe Number of Number of Carl Service Number of .-.,of PNpglit
P>t!
Description Custpment bet es Rates Oescn <i Cost Te Mee5
1 Galan Me dial WA., 32 Ja $17.53 1 Gallon Medieal Wnle 32 14 $]3 CO
2 Gallon Metliul Wase 22 40 $26.31 IGallon Madieal Wa51! 32 40 $2g.GO
6 Gallon Medical Waste $6142
15 Gallon Metliul Waste J0 204 $24.8] IS GaIIOn Metllcal Waste 30 204 $3000
34 Gall on Metllcal Waste i0 996 $49.68 34 Gall on ro: ul Waste 20 936 $SS GO
Ashland Pmposed Rates - New Mntntl Rates Sass 9/24/201311;21 AM
Penology ASMantl Sanitary 5ervlce
OtY Of ASM.r d Pates [Including RenKl'mg Oese11
Effective October 1. 1013
basketful .1. Curren[ Proposed Cpnmenlal Un Pates Cunen[ pmpoXd ..in... al gin Rates Current proposed
32 Gallon 539.29 S39.R5 32 Gallon lv Week $19.19 $1985 ]Yartl lv Week S9803 S1olA6
6o Gallon $38.57 $39111 32 Gallon 2v Week $38.5) $39.]0 1Yard lx Week $11059 $176.56
96 Gallon $57.86 $5955 32 Gallon 3x Week $57.86 SMI 11 ]Yartl 3x Week $147➢5 $255.70
Stickers $40.]1 $41.04 33 Guise ox Week $7713 S)9 A0 ]Yard 4x Week $317.63 $31075
yellow gags $11.01 N/A 33 Gallon 5x .,at $96.01 Sol 21 ]yard 5v Week 538723 $400.78
96 Galion Green Waste Un $856 S].CO 31 Gallon 6a WI $11570 $11910 Nord 6v Week $45292 5460.77
• Additional Green Waste Un WA 51. .Use]. Week $38.57 $39)0 1.5 Yard lv Week $11$05 5326.32
1S G.11.R Perycle Only Un WA 55.04 64 Gallon 2v Week $)]13 $7940 15 Yard lv Week $111.31 521980
96 Gallon parade Only Urt H/A $S CU 64 Gallon 3a Week $115.]0 $119.10 1.5 card 3, Week 5307.57 $31833
to Gallon Rally Only Urt N/A $600 64 Gallon 4a Week $15o.28 $150.80 1.5 Yard 4y Week $395.45 $409.19
Addloonal Recycling Can N/A $3.54 64 Gallon 5a Week $192.84 $19050 1.S Yard 5a Week $482.11 549898
54 Gallon 6x Week $231.41 $13820 15 Yard 6a Week $56389 $503.63
Medal Waste Pates Current proposed 96 Gallon ]v Week $57.86 559.55 15 Yartl)c Week $691.04 $116.26
I Ge Ron Mediral Waste 317.53 5]?.CO 96 Gallon la Welt 5115]0 5119.10 2Yard ]v Week 5158.81 $16437
3 Ge lbn Metliol Wane $16.33 S38.C0 96 to 3a Wine4 $17356 53]X65 SYardL Weet $276.34 SID601
6 Gabon Medical Waa[e $fi1.47 N/A 96 Gabon 4e Week 573341 $23810 2Yard 3a Week 540112 $434.23
15 Gallon Medol Waste SN.83 530.00 9fi Gallon Sx Week $289.2] 587]5 2Yatl AY West $514,57 $53258
34 Gallon Me6nl Waste $49.60 $55.00 96 Gall on 6x Week $34).11 $357.30 2Yard 5v Week $617.33 $.4,29
96 Gallon Green Waste Can $6.56 SJ00 2Yard 6, Week $]33.]3 $]5941
On in Rates Current proposed 32GaIlon Pery [Ie Only Un lx Week WA SSCO 2Yard 7x Weak $90049 $932.01
OXCUb up m40Yartls HIA $604 33 Gallon flerytle OnNCart l a Week N/A $100, 2Yard Cardboard la Wt 50.00 $004
40 yard[to l/2mile N/A $16.10 32 Gallon brands Only Un 3 x Week WA $15.00 1 Grind Cardboard 2 a Wk $000 $O0,
112 .,to to3Mlle WA 531.. 6a GO- Perychr OnlyOn l a Weel N/A 5500 2 Yartl UrdpwN 3 v Wk GOOD SO.W
Bryond]Mile N/A $53.04 E4 Go I Ion Recycle O cry Can 2 x Week N/A $10 C0
64 Gallon Recycle Cot, Cart 3v Week N/A 515.[0
Coma tore, a rkup Pates Current proposed 96 Gallon Rery[I@Only Cart lx Week WA $6..
;I ardper Load 531.2) $31.36 96 Gallon Recycle Only Urt 2:W eek N/A $1100
VPNper Loatl $6253 $64.)1 96 Gallon Rlry[Ie OnIyUrt 3Week N/A $1X04
3 vital per Load $93.00 597,00
4 land oar toad $115.06 $119.. Debris Be. per PCkup Pates Current proposed
B 1.54 cer load M..50 $480.76 )Yartl per used 5158.73 $a...
]$YaM per load $3)4.)) S3g).89 10Ya rdper load $19].24 $204.14
20 Ya•d per Loatl $463.15 $479.36 25 Yard per Loatl $3305) $342.14
S Yard per load $55].55 $5)0.85 oOVartl plr Loatl $17881 $50].31
30 Vard per Load $639.95 $66235 25Yartl Pecalle $020 $In.
1 Salld waste service will Include one. galbn recycling cart. Green waste would remain a subscription serN[e. Atldtlonai rerytlby
and green cans will W a cilable for an addrional charge.
1 Stickerandyelbw bagcunomPrs[ur<ntN receive rP[y[4µservl[e larbre. PNynMgwlll m longer be Included. RMy[Iingand,nenwNe
will be a separate subscription servire for these customers . YePOw bag prpgmm will be tho inated and stl[kenwlll continue.
3 Green wane cunomen currently receive recycling semsefor free . Recycling service will no longer be Included. parading will par avoidable
a separate subscription service.
4 Recycle onl[umomers will no longer receive servi[efor free but will be avallable for a charge.
A[hlantl proposed Pates - New Contract Pates 6017 9 /2 4/10 13 11:21 AM
gecolegy AShhne sanitary Service
Or of Released Rates pintilang switching DepotI
kXec( OrMthr 1.2013
0.PSiElntiil Rates Cunent lopowd Commercial Gn Rates Current Proposed Commecal 0ln Rates Curtain Prop d
32 Gallon $1o. $1836 32 Gallon L Week 519.19 18.26 ]Yard lv Week $98.03 $9987
Se Gallon $38.57 $38.11 32 Gallon 2v Week $38.57 38.11 LYartl 2x Week $17059 $1]69]
96 Gallon $57.86 $5).96 32 Gallon 3v Week $5].86 57.96 LYartl 3x Week $29].05 $256.11
Suckers $40.71 $42.00 32 Gallon Oa weak $)).13 ]].81 IYard 4k Week $31]63 $327.16
Yellow Bags $2702 N/A 32 Gallon 5a Week $9662 91 LYartl 5x Week $38]33 $399.19
96 Gallon Green Waste Cart $6.56 57,00 32 Gallon 6 x Week $115.]0 117.51 1Yard 6x Week $45192 $46].18
Additional Green Waste Can N/P $300 66 Gallon lx Week $38.57 38.11 15 Yartl lx W¢k $12305 $12473
32 Gallon Recycle Only Cart N/A $500 66 Gallon L Week $]],13 ]].BI 1.5 Yard 2x Week $212.37 5218.31
96GRIlon R erycle Only One N/A 55.00 66 Gallon 3v Week $115.]0 11].51 1.5 Yard 3 e Week $30).5] $31676
64 Gallon RaMle Only Cart N/A 56.w 66 Gallon 4 x Welk $15938 15].21 ]S Yartl 4 x Week $395.45 $60)]0
catlltlOnil doling Carl N/A $260 64 Gallon S a Week 519384 19691 15 Yard 5x Week 5402.13 $49).39
646allon 6, Week $231.41 236.61 1.5 like 6x Week $56389 5582.06
MpdblW are Rates Cumnt Proposed 96 Gallon lg Week $5786 57,96 15land ]x Week $69204 1
IGaIIm Medlral Wasle 51].53 $23.60 96 Gallon Ex Wttk 5115.]0 11].51 ]Yard la Week $158.81 $162.78
2 Gal MedlralWsste $1631 $ID.w %Gallon3a Week S17356 1]]60 2Yard 2a Week 5276.36 521x, I
6 WIkn Mldlrvl West! $61A1 N/A %Lallo14x Wttk S]3 1A3 ll661 2Yard 3a Week S4w.22 $412.64
IS GaIIOn Med•ICal Waite $2683 5]060 96 Gallon Sx week $189.21 296.16 IVartl4a Week $514.5) $53099
36 GdIIM MIUCaI WiAP $4968 $55.60 96 Gallon 6k Week $347.11 355.71 2Yard 5a Week 5627.33 S64].]0
be Gallon Given Waste Out 5656 ].CO 2Vaid 6a Week $]33.]3 S)5]82
Goin ars, Covent Proposed 6. Nn 0.erytle Onh Cart l x Week N/A SIX) 2Yard Ie Week $9069 593042
OR up 1. 40 Yard, N/A S6w 33 Gallon R- Onh Cars 2x Week N/A I.L. 2 Yard Cartlboard l v Wk 5060 so.w
40 yartlel r01/2 mile N/A $16.10 32 La Ilan R erycle DIN Cup 3 x Week N/A 15W IYard Cirtlhoard 2v Wk 50.60 $0.60
1/211.1 Mlle N/A $33.30 W Gallon Recycle Only Can l x Week N/A 560 'Yard Grtleowd3v Wk $0.00 saw
ORDd I Mil. Me $53.60 66 Gallon Recycle Only Can 2x Week N/A IOW
66 Gallon Intel O my Can 3x Week N/A ISW
Compactor of Pickup Rates C-11 Proposed 96 66aIlon Recycle Only Gn 1x Week N/A 6.W
1 Ya rdperload $31.2] $3236 9 Gallon flery[Ie OnlyGrt'n Week N/A 1360
]Yard perloaI $62.53 $64,]$ ',Gallon 0.lrycle O my G'3x Wnek N/A 1860
3 Yard per Load $93.60 $97,00
4 Yard per tried 1111,01 $129.44 Geld, gas per Pickup gates Curter, proposed
BYaNper Load $4W.5n $%0.]6 ]YMe per load $]18.13 $164.29
15 Yard per Lmi $316 J) $307.89 ]O Ya rd per loatl 519)24 S'Oi.14
20Yrdper Load $463.15 $6]936 25 Yard per Load 5330.5] 536216
Infy:r card $551.55 $5]0.85 60 Yard per Lead $511.81 $54232
30 Yard er Lead $639.95 $662.35 25 eaN ReMle 5060 SO.w
1 Solid waste spence sent Include one 64 gallon reryent,can. Grttnwastew Odmmalnasub dpllonservlce. Addabonalregd'mg
antlgrMn 0rts wi110e asAlyplp /w do add1110ni1 [barge.
seMew pureconewe allow b. Myrowwi .111 be 6010 nobngerbean ken wded. rs Wit rogane.c. ante
1 serves will M be a a separate a MlOmentlonseic yk g for thew
receele recycling customers. wo Ri pay a.
visa reepaWaste rat [usbmencu eluemumry recpM rtryCe for (rep. Recydclind g newhe sIMC! 60111 red M longer lr b e! ind[luded dld. Re[y[Iing will l be nnl'aele
3 G
4 0.erytle onM cuAOmers will no longer receive service for tree bid 60111 he available for a charge.
bMind Proposed Rates -N.w Geri Rate, 7 of 7 9/241M13 11:21 AM
CITY OF
ASHLAND
Council Communication
October 1, 2013, Business Meeting
Franchise Agreement with Recology Ashland Sanitary Service, Inc.
for Solid Waste Management and Collection
FROM:
Adam Hanks, Management Analyst, adam@ashland.or.us
SUMMARY
Upon approval of the Second Reading of an ordinance setting forth the terms of the City's franchise
agreement for solid waste management and collection, and approval of associated administrative
operations standards and rules and rate provisions, the specific agreement with a particular provider of
such services will be ready for execution. Recology Ashland Sanitary Service, Inc. is the proposed
provider of the services. The attached agreement simply incorporates the terms contained in
documents approved by the City Council regarding solid waste management collection.
FISCAL IMPLICATIONS:
The fiscal implications of the test agreement are set forth in the Council Communication on the Second
Reading of "An Ordinance Creating a Franchise Agreement for Solid Waste Management Collection
within the City of Ashland" scheduled for Council consideration at its October 1, 2013 business
meeting.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of the proposed franchise agreement with Recology Ashland Sanitary
Service, Inc.
SUGGESTED MOTION:
I move to authorize the City Administrator to sign the franchise agreement with Recology Ashland
Sanitary Service, Inc.
ATTACHMENTS:
Franchise agreement with Recology Ashland Sanitary Service, Inc.
Page I of I
FRANCHISE AGREEMENT FOR SOLID WASTE MANAGEMENT AND
COLLECTION WITHIN THE CITY OF ASHLAND
Date: October 1 2013
Parties: Franchisor City of Ashland ("City")
Franchisee Recology Ashland Sanitary Services, Inc.("Recology")
Recitals
A. The Ashland City Council enacted as of October 1, 2013 Ordinance 2013- , titled "An Ordinance
Creating a Franchise Agreement for Solid Waste Management & Collection within the City of Ashland and
Repealing Ordinances 2829, 2582 Relating to Previous Solid Waste Franchise Agreements and Terms," and
has approved related Administrative Operations Standards and Rules and rate structures and rate provisions
(hereinafter "City-Approved Solid Waste Management and Collection Documents").
B. Recology has been selected to be the provider of such services in the City and wishes to provide such
services.
NOW, THEREFORE, upon the mutual consideration described by this Agreement, including the covenants
and promises contained in the City-Approved Solid Waste Management and Collection Documents, the receipt
and sufficiency of which is acknowledged by the Parties, the City and Recology agree as follows:
Agreement
1. Recology will perform solid waste management collection services for the City in accordance with the terms,
standards, rules, and rates set forth in the City-Approved Solid Waste Management and Collection Documents.
2. Recology will be compensated for providing the aforesaid services as allowed in the City-Approved Solid
Waste Management and Collection Documents. De~.e' A_bl~ 1, 10 1 F2 7 /l0 ret~b~~3oi 2a3
3. The initial term of this Agreement shall extend from , except in
the event of termination in accordance with Section 8 of Ordinance 2013- Each year after the initial
term, the Agreement shall renew automatically for the following period of seven years without further action by
either party, except in the event of termination in accordance with Section 8 of Ordinance 2013=
4. This Agreement and the documents referenced herein constitute the entire agreement and supersede all prior
agreements and understandings, oral and written, between the parties hereto with respect to the subject matter of
this Agreement. There are no understandings, agreements, or representations, oral or written, not specified
herein regarding this Agreement.
5. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless it is
written and is executed by the party or parties against whom it is asserted. Such a waiver, consent, modification
or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure
of either party to enforce any provision of this Agreement shall not constitute a waiver by that party of that or
any other provision or a modification of its right to a remedy for a subsequent breach of this Agreement.
Page 1 of 2
6. This Agreement has been entered into in the State of Oregon. The parties agree that the laws of the State of
Oregon shall be used in construing this Agreement and enfor ing the rights and remedies of the parties.
7. The effective date of this Agreement shall be golAember 1, ;0 1
FRANCHISOR: FRANCHISEE:
City of Ashland, an Oregon municipal Recology Ashland Sanitary Services, Inc., an
corporation Oregon corporation
By: By:
Dave Kanner,
Its
City Administrator
State of Oregon )
October , 2013
County of Jackson )
I certify that 1 know or have satisfactory evidence that Dave Kanner signed this instrument, on both, stated
that he was authorized to execute the instrument and acknowledged it as the City Administrator of the City
of Ashland to be free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Notary Public - State of Oregon
My Commission Expires:
State of Oregon )
October , 2013
County of Jackson )
I certify that I know or have satisfactory evidence that signed this instrument, on
both, stated that he or she was authorized to execute the instrument and acknowledged it as the
of Recology Ashland Sanitary Services, Inc. to be free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Notary Public - State of Oregon
My Commission Expires:
Page 2 of 2
CITY OF
ASHLAND
Council Communication
October 1, 2013, Business Meeting
Resolution to Approve Recycle Center Surcharge Fee
FROM:
Adam Hanks, Management Analyst, adam@ashland.or.us
SUMMARY
To separate the recycle center redundancy/subsidized policy question from the updating of the
franchise agreement and to allow for potential solutions outside of the confines of the franchise
agreement, the draft ordinance excludes the costs associated with operation of the recycle center as an
allowed expenditure for the Franchisee. This removes the costs from the service rate calculations.
As part of the Franchise Ordinance first reading deliberations, Council directed Staff to work with
Recology to develop options for a surcharge to accomplish the following:
• Maintain a funding source for the Recycle Center
• Separate the fees for the operations of the Recycle Center from the existing service rates
• Provide time and flexibility for future discussions relating to Recycle Center operations and
other potential solutions/opportunities for waste diversion.
BACKGROUND AND POLICY IMPLICATIONS:
The Bell Report raises several key policy issues for the Council to deliberate and resolve relating to the
Recycle Center. One is the question of whether or not the Recycle Center is a redundant service to the
curbside comingled collections service. While there are materials accepted at the Recycle Center that
are not accepted at the curb, those materials represent a small percentage of the materials processed at
the Recycle Center. Additionally, most of those materials are transported and processed by a third
party and have no expense attributable to their acceptance at the Center.
Related to the issue of redundancy is the lack of data as to the actual user base of the Center. While it
is reasonable to conclude that the Recycle Center services overlap and nearly duplicate the curbside
comingle collection services available, the issue of redundancy changes when considering who the
primary users of the facility are.
A reasonable assumption could be made that because the majority of Ashland residents have garbage
and recycling collection services thereby not needing regular access to the Recycle Center, a
significant number of non-Recology customers in Ashland and beyond utilize the facility yet pay no
fees to offset the associated costs. So, while likely not a redundant service to this group of Recycle
Center users, no fee mechanism is in place to offset the operational costs that this user group benefits
from causing cost inequity for those that are Ashland Recology customers and pay these fees
embedded in their rates.
Page 1 of 3
tail
CITY OF
ASHLAND
Potential Surcharge Fee Options
Surcharge on Recology Customer Statements
There were two versions of this option raised, both of which create a dedicated surcharge on the
garbage service ratepayers that create a revenue stream roughly equivalent to the current operating
costs of the Recycle Center (approx $135,000 net operating costs)
1) $1.60 Flat fee monthly surcharge for each customer classification (excludes sticker, debris
box, compactor, and medical waste) (approx 7,000 customers)
2) 4% monthly surcharge for all Recology service programs
The flat fee results in a equal charge across the customer classifications that are paying for regular
collections services. The 4% surcharge has a greater impact on customers with large service
subscriptions such as commercial bin, compared to residential customers.
Monthly Fee on City of Ashland Utility Bill
There are two slightly different versions of this option as well, both having the effect of "casting a
wider net" within the community that may use the Recycle Center compared to the more limited
approach of charging only Recology customers.
1) $1.00 Monthly surcharge on all utility accounts with an electric meter (11,350)
2) $1.40 Monthly surcharge on all utility accounts with a water meter (8,200)
Placing the fee on all water meter accounts has the effect of charging each property, whereas placing
the fee on all electric accounts is roughly equivalent to charging each household. Many multi-family
households pay for their solid waste collections via their rent as the collections are handled by the
property owner rather than themselves individually.
Placing the fee only on water meter accounts is much more likely to connect the fee with the entity
responsible for handling/managing the waste and recycle materials for the property.
FISCAL IMPLICATIONS:
The impact to Ashland residents depends on the type and method of surcharge selected. Using the City
utility bill as the billing mechanism results in a lower cost per resident, but impacts more residents than
if the surcharge were to be placed on Recology customer bills.
Likewise, placing the surcharge on Recology customers only reduces the number of residents impacted
by the fee but places a slightly higher fee for those that are charged.
A percentage based methodology results in the smallest impact on the large residential Recology
customer classification while impacting the larger, typically commercial customers to a greater degree.
STAFF RECOMMENDATION AND REQUESTED ACTION:
In the short term, staff recommends placing a flat fee surcharge on all Recology subscription
customers. This provides a similar funding source to past practice, but separates the fee from the
standard rates and allows the greatest flexibility for desired modifications.
Page 2 of 3
11VALN,
CITY OF
ASHLAND
SUGGESTED MOTION:
I move to approved the resolution titled, "A resolution adopting a surcharge fee for the operations of
the Ashland Recycle Center"
ATTACHMENTS:
Resolution - Recycle Center Surcharge Fee
Memo from Recology dated 9/25/13
Page 3 of 3
~r,
RESOLUTION NO. 2013-
A RESOLUTION ADOPTING A SURCHARGE FEE FOR THE
OPERATIONS OF THE ASHLAND RECYCLE CENTER
RECITALS:
A. The City of Ashland contracts with Recology Ashland Sanitary Service by means of a
franchise agreement for solid waste and recycling collection services within the City.
B. The City of Ashland is currently developing a new Solid Waste and Recycling Collections
Franchise Ordinance to replace existing Solid Waste and Recycling Collections Franchise
ordinances 2582 and 2829
C. Recology Ashland Sanitary Service currently operates a Recycle Center on City owned land
open and available to the general public free of charge.
D. In accordance with, and referenced within the new draft franchise ordinance, expenses
associated with the operations of the Recycle Center are no longer defined as allowable
expenses and therefore are not part of Service Rate calculations
E. To create a fee to fund the operations of the Recycle Center, both the existing and proposed
Franchise Ordinance requires that rate adjustments be approved by Council resolution
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. A Recycle Center surcharge not to exceed $1.60 per month on all Recology
subscription customers in addition to other rates and fees approved by separate resolution is
approved and effective January 1, 2014
This resolution was duly PASSED and ADOPTED this day of
2013, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of ~8t2
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Resolution No. 2012- Page 1 of t
Recology Ashland
r
Sanitary
Recology- 170 Oak Street
Ashland Sanitary Service Ashland, • •
WASTE ZERO
Memo
To: Adam Hanks
From: Steven J. DiFabion, G.M.
ca Ed Farewell, V.P. and Assistant Group Manager, Tom Norris, Group Rate Manager
Date: September 25, 2013
Re: Proposed Funding Options for Ashland Recycle Center
Adam:
We felt it might be appropriate to share with Staff and Council our
thoughts/concems regarding the proposed funding options for the Ashland
Recycle Center. We open by submitting that all comments and feedback
that we have received so far indicate that there are a lot of people in Ashland
who would be very upset with the closing of the Ashland Recycle Center.
Recology also believes the Recycle Center supports Ashland's Opportunity
to Recycle efforts, its reputation as a community concerned with
sustainability and waste diversion, and Recology's own mantra of "Waste
Zero". We also believe that there will be a negative impact on waste
diversion, as people will seek alternate, less responsible ways to dispose of
items currently being recycled through the Recycle Center.
While all proposed options would serve the function of providing at least
interim funding for the continued operation of the Center, we believe some
options better serve our customers and the community than others. It is
important to note that the numbers put forth in the proposed options are
approximations, and would need to be firmed up at the time rates are
approved. We are, however, comfortable that these approximations are
k; close enough for the sake of advancing the discussion.
1
Here are the proposed options, followed by Recology's comments at the end
of each option:
1) Surcharge on Recology Customer Statements
There were two versions of this option raised, both of which create a
dedicated surcharge on the garbage service ratepayers that create a
revenue stream roughly equivalent to the current operating costs of the
Recycle Center (approx $135,000 net operating costs)
a) $1.50 Flat fee monthly surcharge for each customer classification (excludes
debris box, compactor, and medical waste) (approx 7,500 customers)
b) 4% monthly surcharge for all Recology service programs
The flat fee results in an equal charge across the customer classifications
that are paying for regular collections services. The 4% surcharge has a
greater impact on customers with large service subscriptions such as
commercial bin, compared to residential customers.
Recology's Comments: For the past 23 years or so, the costs of
operating the Recycle Center have been included in the rates and have
not been a concern to solid waste customers. Due to the complicated
nature of the surcharge and how it is calculated, Recology believes a
surcharge on the Recology customer statements will create confusion
at best, and public outcry at worst. This would be the most visible
option of all to customers, raising the awareness of the cost of the
Recycle Center to "front of mind". Additionally, we are certain
customers will characterize this as an increase in rates and will not
understand that we are simply moving these costs out of the rates and
into a surcharge. Based on past experience, we anticipate some
negative press and many, many phone calls to our local customer
service representatives. Lastly, if we assume that many of the users of
the Recycle Center are not current subscribers to solid waste service,
THIS OPTION DOES NOTHING TO OFFSET THE "SUBSIDY" BEING
PAID BY LEGITIMATE SUBSCRIBERS FOR THE BENEFIT OF NON-
SUBSCRIBERS.
Should Council move forward with a surcharge on Recology
statements, we far prefer option 1(a) to option 1(b). Option 1(a) is
consistent with the calculations and methodology utilized in the Bell
report, and is simpler to understand and justify. Option 1(b) is more
complicated, and assumes that commercial customers currently have
a larger surcharge embedded in their rates. Let us take the example of
a commercial customer with a current bill of $1000 per month. This
customer would see a new monthly base bill of $960, with a surcharge
of $40. We would anticipate, then, that many commercial customers
• Page 2
will immediately seek closure of the Recycle Center in order to
effectively realize a 4% overall reduction in their bill compared to their
current rates. They most likely would not have the same reaction to a
flat fee somewhere in the neighborhood of $1.59 per month. WE
BELIEVE THAT OPTION 1 (b), OF ALL OF THE PROPOSED OPTIONS,
HAS THE GREATEST LIKELIHOOD OF BRINGING PRESSURE TO
BEAR ON CLOSING DOWN THE RECYCLE CENTER.
2) Monthly Fee on City of Ashland Utility Bill
There are two slightly different versions of this option as well, both having the
effect of "casting a wider net" within the community to generate the revenue
required to maintain recycle center operations.
a) $1.00 Monthly surcharge on all utility accounts with an electric meter
(11,350)
. b) $1.40 Monthly surcharge on all utility accounts with a water meter
(8,200)
Placing the fee on all water meter accounts has the effect of charging each
property, whereas placing the fee on all electric accounts is roughly
equivalent to charging each household. Many multi-family households pay
for their solid waste collections via their rent as the collections are handled by
the property owner rather than themselves individually.
Placing the fee only on water meter accounts is much more likely to connect
the fee with the entity responsible for handling/managing the waste and
recycle materials for the property.
Recology's Comments: We believe Option 2 is the most equitable
option, as it helps to end the subsidy of users of the Recycle Center
who are not current subscribers to regular solid waste services by
those who do currently subscribe to regular solid waste services. This
option also serves to spread the costs over a larger base, resulting in a
smaller per person or per property surcharge. Our opinion is that
Option 2(b) is the more equitable of the two, for the same reasons
noted by city staff above.
3) Extend Recycle Center charges as an allowed expense (limited duration)
As recommended in the Council Communication, Council could choose to
temporarily extend the practice of allowing recycle center expenses to be
allowed expenses until a more permanent solution is agreed upon. Rates
that currently include (embed) Recycle Center expenses would continue until
F modified by Council and the proposed•rate adjustment process would ensure
that the embedded rates are phased out after the solution is put in place and
associated impacts are understood and accounted for.
0 Page 3
Recology's Comments: Recology sees this as the best short-term
option. Customers have been paying for the Recycle Center through
the rates for over 20 years, so it is unlikely a few more months will
create any sort of a hardship. This gives Council the time it needs to
further analyze the wants and needs of the community, and to best
determine how the Recycle Center should be operated and paid for,
should the decision ultimately be to keep it open. In the event Council
ultimately determines that some sort of surcharge or alternate funding
mechanism is warranted, or that the Recycle Center should be closed,
there could be an immediate reduction/offset to customer rates to
alleviate the perception of "double dipping" of the rates.
• Page 4
CITY OF
ASHLAND
Council Communication
October 1, 2013, Business Meeting
Second reading of an ordinance amending chapter 18 of the Ashland Municipal
Code relating to traveler's accommodations in multi-family zoning districts,
including enforcement associated with transient lodging.
FROM:
Bill Molnar, community development director, bill.molnar@ashland.or.us
SUMMARY
The ordinance would amend and add standards to Chapter 18, Land Use, of the Ashland Municipal
Code for operating a traveler's accommodation in a multi-family zoning district. The changes stipulate
that a business license, transient occupancy tax registration and land use approval be obtained prior to
operation of a traveler's accommodation. A safety inspection by the Fire Department is required before
commencing the use and on a semi-annual basis thereafter. Further, the amendments not only make it
violation to offer or present a traveler's accommodation for lease before obtaining the prerequisite city
permits and licenses, but also to offer by any means any use of land, a building, or premise contrary to
the provisions of Chapter 18, Land Use.
BACKGROUND AND POLICY IMPLICATIONS:
At its September 17, 2013 meeting, Council approved 151 reading of an ordinance that clarified and set
clear expectations for operators of existing and future traveler's accommodations. The amendments
make it explicit that the business owner must maintain a current business license and pay City transient
occupancy tax. Also, since visitors to a short term establishment lack the same familiarity with the
property as does a full-time resident household, a fire inspection will be required to ensure the safety of
visiting occupants. Lastly, offering or presenting the availability of property for use as a traveler's
accommodation without land use approval, a current business license and transient occupancy tax
registration is considered a violation of the municipal code. This provision will assist City code
compliance in identifying properties advertised as short term transient lodging, that have not obtained
the necessary approvals.
Council approved 15' reading with one minor change that resulted in the deletion of the first sentence in
sections 18.030.024 J.1 and 18.030.028 1.1. Since 151 reading, staff has proposed two relatively minor
changes to improve the ordinance. First, the definition of a "traveler's accommodation" has been
revised to make clear that rental of a dwelling, building or any'portion thereof on two or more
occasions within a 30-day period also constitutes transient lodging. This was proposed by the Legal
Department in the draft code amendments with respect to short term home rentals, but staff mistakenly
failed to include it with the most recent revisions. Second, section 18.112.080 A.3 has been slightly
amended to clarify that it is a violation to offer by means of newspaper, radio, television, etc., the use
of land, a building, or other premise without a valid land use approval.
Page 1 of 2
CITY OF
ASHLAND
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends approval of second reading of the ordinance.
SUGGESTED MOTION:
I move to approve second reading by title only of an ordinance titled, "An ordinance amending
Chapters 18.08, 18.24.030, 18.28.030 and 18.112 of the Ashland Land Use Ordinance relating to
definitions, traveler's accommodations in multi-family residential districts and enforcement associated
with transient lodging."
ATTACHMENTS:
• Proposed ordinance
Page 2 of 2
~r,
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 18.08, 18.24.030, 18.28.030 AND
18.112 OF THE ASHLAND LAND USE ORDINANCE RELATING TO
DEFINTIONS, TRAVELER'S ACCOMMODATIONS IN MULTI-FAMILY
RESIDENTIAL DISTRICTS AND ENFORCEMENT ASSOCIATED WITH
TRANSIENT LODGING.
Annotated to show deletionsand additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the City Council has determined that preservation of the character of residential
neighborhoods is a legitimate and beneficial goal; and
WHEREAS, the City Council has found an increasing number of residential dwellings are being
rented to transients on a short-term basis for less than thirty (30) days; and
WHEREAS the City Council has determined the City has a substantial interest in ensuring that
all transient occupancy tax required to be collected and remitted is in fact collected and remitted
on a fair and equitable basis; and
WHEREAS, the City Council has determined it is necessary to establish rules and regulations
to permit transient lodging within the City in order to ensure the safety and convenience of
transients, and to preserve the peace, safety and general welfare of the long-term resident of
neighboring properties; and
WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised
public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on
June 11, 2013; and
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
Ordinance No. _ Page 1 of 9
WHEREAS, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an
adequate factual base exists for the amendments, the amendments are consistent with the
comprehensive plan and that such amendments are fully supported by the record of this
proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 18.08 [Definitions] of the Ashland Land Use Ordinance is hereby
amended to newly include the following definitions:
18.08 Definitions
18.08.605 Primary Residence
The property that the taxpayer uses a mAority of the time during the year
ordinarily will be considered the taxpaver's principal residence. In addition to
the taxpayer's use of the property, relevant factors in determining a taxpayer's
principal residence, may include, but are not limited to:
(i) The taxpayer's place of employment;
(ii) The principal place of abode of the taxpayer's family members;
(iii) The address listed on the taxpayer's federal and state tax returns,
driver's license, automobile registration, and voter registration card;
(iv) The taxpayer's mailing address for bills and correspondence;
(v) The location of the taxpayer's banks; and
(vi) The location of religious organizations and recreational clubs with which
the taxpayer is affiliated.
18.08.795 Traveler's Accommodations
Transient lodging ny~ent in a residential zone having rooms or
dwellings rented or kept for rent to travelers or transients for a charge or fee paid or to
be paid for rental or use of such facilities for a period of less than thirty (30)
consecutive days, as is rental of a dwelling, building or any portion thereof on
two or more occasions within a 30-day period.
SECTION 2. Chapter 18.24.030 [R-2 Low Density Multifamily Residential District] of the
Ashland Land Use Ordinance, is hereby amended to read as follows:
18.24.030 Conditional Uses
The following uses and their accessory uses are permitted when authorized in accordance with
the chapter on conditional use permits: 11
A. Churches and similar religious institutions.
B. Parochial and private schools, business, dancing, trade, technical, or similar schools.
C. Manufactured housing developments subject to Chapter 18.84.
D. Public and quasi-public halls, lodges and clubs.
Ordinance No. Page 2 of 9
E. Professional offices or clinics for an accountant, architect, attorney, dentist, designer,
doctor or other practitioner of the healing arts, engineer, insurance agent or adjuster,
investment or management counselor or surveyor.
F. Hospitals, rest, nursing and convalescent homes.
G. Limited personal service establishments in the home, such as beauticians, masseurs and
the uses listed in subsection E above.
H. Wholesale plant nurseries, including accessory structures.
1. Retail commercial uses located in a dwelling unit within the Railroad Historic-District
approved by the City Council. Such business shall be no greater than six hundred (600) sq. ft.
in total area, including all storage and accessory uses, and shall be operated only by the
occupant of the dwelling unit uses, and the equivalent of one (1) half time employee (up
to twenty-five (25) hours per week). Such use shall be designed to serve primarily pedestrian
traffic, and shall be located on a street having a fully improved sidewalk on at least the side
occupied by the business. The street shall be a fully improved street of residential City
standards or greater.
i (Ord 2624 S2 1991; deleted n_a 2942 S2 2007)
J. Traveler's accommodations, subject to the following:
1. That ar-esidenee used f «tfayelers ,.,l..t be L.....: :,.A
During operation of a traveler's accommodation, the property on which the
traveler's accommodation is sited must be the primary residence of the business-
owner. The business own `.hall be required to reside on the peft..e..'.upied by tl.o
,.,1"t:"'• ..'1 eeeupaney shall be determined as the traveler's " edat:efl.
leeatieft being the pfifnai=y fesidenee of the owner dtifing operation 0
"Business-owner" shall be defined as a person or persons who own
the property and accommodation outright; or who have entered into a lease agreement
with the property owner(s) allowing for the operation of the accommodation. Such
lease agreement must te-specifically state that the property owner is not involved in
the day to day operation or financial management of the accommodation, and that the
business-owner is wholly responsible for all operations associated with the
accommodation, and has actual ownership of the business. (ORD 2806 S1, 1997)
2. The property is located within 200 feet of a boulevard, avenue, neighborhood
collector as identified on the official Street Dedication May in the City's
Comprehensive Plan. Distances to the property from a boulevard, avenue or
neighborhood collector, shall be measured via a public street or public alley to a
lot line.
3.4 That the The number of accommodation units allowed shall be determined by the
following criteria:
a. That the total number of units, including the business-owner's ewners unit, shall
be determined by dividing the total square footage of the lot by 1800 sq. ft.
Contiguous lots under the same ownership may be combined to increase lot area
and the number of units, but not in excess of the maximum established by this
ordinance. The maximum number of accommodation units shall not exceed nine,
9 per approved traveler's accommodation with primary lot frontage on boulevard
arterial streets. For traveler's accommodations without primary lot frontage on a
designated boulevard, but within 2T00L _feet of a boulevard, avenue or
neighborhood collector street, the YYtcmaximum number of units shall be
Ordinance No. _ Page 3 of 9
seven., 7 . approved traveler's ^ edetien with primai=y 1^t f ofAage on
designated ealleetor street of f «trayele«'.. " ed tiaras net having P
Street designations shall
be as determined by the official Street Dedication Map of the Ashland
Comprehensive Plan. Distances to the property from a boulevard, avenue or
neighborhood collector, shall be measured via a public street or public alley
to a lot line. Distances shall be m }ed via a . ubli.,, sifeet , alley e the
site fiam the i ean-Ileetor a arterial.
b. Excluding the business-owner's unit and the area of the structure it will occupy,
there must be at least 400 sq. ft. of gross interior floor space remaining per unit.
4.5: That !he primary residence on the site be at least 20 years old. The primary
residence may be altered and adapted for traveler's accommodation use, including
expansion of floor area. Additional structures may be allowed to accommodate
additional units, but must be in conformance with all setbacks and lot coverage of the
underlying zone.
5.2: T'fft eae; Each accommodation unit shall must have one (1) off-street parking
space and the owner's business-owner's unit shall must have two (2) parking spaces.
All spaces shall be in conformance with the requirements of the Off-Street Parking
section of this Title.
6. That only Only one ground or wall sign, constructed of a non-plastic material, non-
interior illuminated of 6 sq. ft. maximum size is he allowed. Any exterior illumination
of signage shall be installed such that it does not directly illuminate any residential
structures adjacent or nearby the traveler's accommodation in violation of 18.72.110.
7.6: Transfer of business-ownership of a traveler's accommodation shall be subject to all
requirements of this section and conformance with the criteria of this section. All
traveler' s accommodations receiving their initial approvals prior to the effective date
of this ordinance shall be considered as approved, conforming uses, with all previous
approvals, conditions and requirements remaining in effect upon change of business-
ownership. Any further modifications beyond the existing approvals shall be in
conformance with all requirements of this section.
8.-: An annual inspection by the Jackson County Health Department shall be conducted
as required by the laws of Jackson County or the State of Oregon.
8.T-hat the °'e°et, on whie~ the traveler's a odetion is operated is loented
within 200 feet of a eolleet............terial street as designated in the Ci",'s
Comprehensive Man DiStanee... hn" be me........ed publie street or Rile).
..s to the site from the eolleete.. or arterial
9. Traveler's accommodations must meet all applicable building, fire and related
safety codes at all times and must be inspected by the fire department before
occupancy following approval of a conditional use permit and periodically
thereafter pursuant to Chapter 15.28.
10. The business-owner must maintain a city business license and pay all transient
occupancy tax in accordance with Chapter 4.24 and Chapter 6.04 of this code as
required.
11. Advertising for any traveler's accommodation must include the City of Ashland
Planning Action number assigned to the land use approval.
Ordinance No. Page 4 of 9
12. Offering the availability of residential property for use as a travelers
accommodation without a valid Conditional Use Permit approval, current
business license, and Transient Occupancy Tax registration is prohibited and
shall be subject to enforcement procedures.
L. Hostels
M. Disc antenna for commercial use.
N. Nonconforming use or structure changes required by Section 18.68.090.
0. New structures and additions to existing structures within a designated Historic District
which exceeds the Maximum Permitted Floor Area (MPFA), subject to the general
regulations set forth in Section 18.24.040.
P. Temporary uses.
Q. Wireless Communication Facilities when attached to existing structures and authorized
pursuant to Section 18.72.180.
SECTION 3. Chapter 18.28.030 [R-3 High Density Multifamily Residential District] of the
Ashland Land Use Ordinance, is hereby amended to read as follows:
18.28.030 Conditional Uses
The following uses and their accessory uses are permitted when authorized in accordance with
the Chapter on Conditional Use Permits:
A. Churches and similar religious institutions.
B. Parochial and private schools, business, dancing, trade, technical or similar schools.
C. Manufactured housing developments, subject to Chapter 18.84.
D. Public and quasi-public halls, lodges and clubs.
E. Professional offices or clinics for an accountant, architect, attorney, dentist, designer,
doctor, or other practitioner of the healing arts, engineer, insurance agent or adjuster,
investment or management counselor or surveyor.
F. Hospitals, rest, nursing and convalescent homes.
G. Limited personal service establishments in the home, such as beauticians, masseurs, and
the uses listed in subsection E above.
H. Wholesale plant nurseries, including accessory structures.
1 (Ord 2694 S3e 19911 . DELETED Ord 2949 S5;2007)
1. Traveler's accommodations, subject to the following:
During operation of a traveler's accommodation, the property on which the
traveler's accommodation is sited must be the primary residence of the business-
owner. The business owner shall be «equifed to reside en the property e... "ied by tl,e
,.d..t:e« and shall be `latefniined as the tfayele.'s. a ` datiefl
1, ea4iefl bei - tl.e « ":denee ')f the r during e «,.tion eF tl.e
aeeemmada "Business-owner" shall be defined as a person or persons who own
the property and accommodation outright; or who have entered into a lease agreement
with the property owner(s) allowing for the operation of the accommodation. Such
lease agreement must te-specifically state that the property owner is not involved in
the day to day operation or financial management of the accommodation, and that the
Ordinance No. Page 5 of 9
business-owner is wholly responsible for all operations associated with the
accommodation, and has actual ownership of the business. (ORD 2806 S 1, 1997)
2. The property is located within 200 feet of a boulevard, avenue, neighborhood
collector as identified on the official Street Dedication May in the City's
Comprehensive Plan. Distances to the property from a boulevard, avenue or
neighborhood collector, shall be measured via a public street or public alley to a
lot line.
3.4 That the number of accommodation units allowed shall be determined by the
following criteria:
a. That the total number of units, including the business-owner's owner's unit, shall
be determined by dividing the total square footage of the lot by 1800 sq. ft.
Contiguous lots under the same ownership may be combined to increase lot area
and the number of units, but not in excess of the maximum established by this'
ordinance. The maximum number of accommodation units shall not exceed n
9 per approved traveler's accommodation with primary lot frontage on boulevard
arterial streets. For traveler's accommodations without primary lot frontage on a
designated boulevard, but within 200 feet of a boulevard, avenue or
neighborhood collector street, the T43e-maximum number of units shall be
seven., 7 . ,.a traveler's ,.a°':on with i t F .o
primar,
streets;
designated eelleetof r_,,.,tage en an ^'t^-:al ,...a within 200 feet of an afte fiat Street designations shall
be as determined by the official Street Dedication Map of the Ashland
Comprehensive Plan. Distances to the property from a boulevard, avenue or
neighborhood collector, shall be measured via a public street or public alley
to a lot line. Distanees shall be ffl,.asured via Et pug lie ^t'eet er alley aeeess to the
site from the ....n,.ete_r A_ arte-.:..1
b. Excluding the business-owner's unit and the area of the structure it will occupy,
there must be at least 400 sq. ft. of gross interior floor space remaining per unit.
4.+Tkat the The primary residence on the site be at least 20 years old. The primary
residence may be altered and adapted for traveler's accommodation use, including
expansion of floor area. Additional structures may be allowed to accommodate
additional units, but must be in conformance with all setbacks and lot coverage of the
underlying zone.
5.3 That each Each accommodation unit shall must have one (1) off-street parking
space and the owner-'s business-owner's unit shall must have two (2) parking spaces.
All spaces shall be in conformance with the requirements of the Off-Street Parking
section of this Title.
6.3. That on!) Only one ground or wall sign, constructed of a non-plastic material, non-
interior illuminated of 6 sq. ft. maximum size is he allowed. Any exterior illumination
of signage shall be installed such that it does not directly illuminate any residential
structures adjacent or nearby the traveler's accommodation in violation of 18.72.110.
7.6-. Transfer of business-ownership of a traveler's accommodation shall be subject to all
requirements of this section and conformance with the criteria of this section. All
traveler' s accommodations receiving their initial approvals prior to the effective date
of this ordinance shall be considered as approved, conforming uses, with all previous
approvals, conditions and requirements remaining in effect upon change of business-
Ordinance No. Page 6 of 9
ownership. Any further modifications beyond the existing approvals shall be in
conformance with all requirements of this section.
8.-7-. An annual inspection by the Jackson County Health Department shall be conducted
as required by the laws of Jackson County or the State of Oregon.
8.T-hat the property a ...1 ieh the traveler's a odation : rat`~d is lveeatweu
`I
within 200 feet of a collector- a ....t. rial street as designated in the City's ~.u
Comprehensive Plan. Distanees shall be fneasur-ed via a public street or alley
s to the site frotu the eelleetoF o rtarial
9. Traveler's accommodations must meet all applicable building, fire and related
safety codes at all times and must be inspected by the fire department before
occupancy following approval of a conditional use permit and periodically
thereafter pursuant to Chapter 15.28.
10. The business-owner must maintain a city business license and pay all transient
occupancy tax in accordance with Chapter 4.24 and Chapter 6.04 of this code as
required.
11. Advertising for any traveler's accommodation must include the City of Ashland
Planning Action number assigned to the land use approval.
12. Offering the availability of residential property for use as a travelers
accommodation without a valid Conditional Use Permit approval, current
business license, and Transient Occupancy Tax registration is prohibited and
shall be subiect to enforcement procedures.
J. Structures in excess of thirty-five (35) feet in height, not to exceed 50 feet in height.
K. Hostels
L. Disc antenna for commercial use.
M. Enlargement, extension, reconstruction, substitution, structural alteration or reactivation
of nonconforming uses and structures pursuant to Section 18.68.090.
N. New structures and additions to existing structures within a designated Historic District
which exceeds the Maximum Permitted Floor Area (MPFA), subject to the general
regulations set forth in Section 18.28.040.
0. Temporary uses.
P. Wireless Communication Facilities when attached to existing structures and authorized
pursuant to Section 18.72.180.
SECTION 4. Chapter 18.112.080 [Violations - nuisance], of the Ashland Land Use Ordinance,
is hereby replaced and amended to read as follows:
18.112.080 Violations--nuisance
Any building of strtietttfe set tipa ereeted eenstrueted> altereda enlarged> ..en e«ted
e ffieyed er
e e
n «tained eentVary to the provisions of this Title, _ and a of land building o
estahlisl ede anduetede a ..atedf a maintained eent"ary to the previsions of this Titles1 shall he
and the same is he-ebb deelafed to be unlawful and a publie nuisance, e«d the (tit., At4effiey of
the /'tit., may, of tipan e-desf of the Cit., Courted shall fnedietely a aetien a
preeeedings fie- the abatefne .t and removal and e e«t the.eef in the manner provided 0Y
law, and may take sueh ethef steps and apply to sueh eaui4s as fflay ha~ve jtifisdietien to grant
sueh relief as will abate and feffieve stieh buildings or prevent an), person ff I I I - - 11
Ordinance No. Page 7 of 9
«ee fi..,.e buil`1:"..e maintainingo a.. a' or g any , ueh building of stfuettt fe using pfopel ty eentfar-y
z.vnu,
the previsions of this Title The remedies .:ded for herein shall be RUMIllatil'p, and not
.,'.1....:..,.
Section 18.112.080 Violations - nuisance
A. The following shall be and are hereby declared to be unlawful and a public nuisance:
1. Anv building or structure set up, erected, constructed, altered, enlarged,
converted, moved or maintained contrary to the provisions of this Title;
2. Any use of land, building, or premise established, conducted, operated, or
maintained contrary to the provisions of this Title; and
3. Offering by means of newspaper, radio, television or Internet advertising or by
means of other displays for public view any use of land, building, or premise
established, conducted, operated without a valid land use approval or otherwise
maintained contrary to the provisions of this Title.
B. The code compliance specialist or City Attorney of the City may, or upon order of the
City Council, shall immediately commence action or proceeding for the abatement and
removal and enjoinment of any public nuisance as defined in Section A above in the
manner provided by law, and may take such other steps and applied to such courts as may
have iurisdiction to grant such relief as will abate and remove such buildings, conditions,
or conduct.
C. The remedies provided for herein shall be cumulative and not exclusive.
SECTION 5. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinances(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 6. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 7. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 6-7) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 2013,
and duly PASSED and ADOPTED this day of 2013.
Barbara M. Christensen, City Recorder
Ordinance No. Page 8 of 9
SIGNED and APPROVED this _ day of , 2013.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 9 of 9
CITY OF
ASHLAND
Council Communication
October 1, 2013, Business Meeting
Second Reading of an Ordinance Amending Chapter 6.04 of the Ashland
Municipal Code concerning Business Licenses
FROM:
David Lohman, City Attorney, david.lohman@ashland.or.us
SUMMARY
The proposed ordinance would revise the current business licensing requirements to clarify that they
apply to all forms of transient lodging; clarify application of these requirements to certain other types
of rentals; and clarify the circumstances under which only one business license is required for two or
more related business activities.
BACKGROUND AND POLICY IMPLICATIONS:
At its September 17, 2013, meeting, Council approved the first reading of the proposed ordinance. The
noteworthy proposed changes to the business licensing requirements are summarized below:
1. Proposed wording changes make clear that all forms of transient lodging are subject to the
business licensing requirements.
2. Proposed changes in wording harmonize terminology in the chapter on business licenses with
terminology in the chapters on transient occupancy tax and on land use.
3. Lessors who rent out two or more dwelling units in Ashland for periods of 30 consecutive days
or more would be required to obtain business licenses. Under the current Chapter 6.04, lessors
renting out five or fewer properties for periods of 31 days or more are exempt from the
business license requirements.
4. The key term defined in Section 6.04.020A is proposed to become "business activity" instead
of just "business" and is defined so as to unambiguously include rental activities, including
rental of any transient lodgings and rental of two or more dwelling units for continuous periods
of 30 days or more.
5. The required "intent to make a profit" in current section 6.04.020A is recast as the "intent of
receiving payment or other valuable consideration". Owners renting out their houses, for
example, may have multiple objectives that possibly could include partially offsetting their
expenses without making a profit.
6. A broad definition of "rental activity" is added.
7. A new definition of "person" adds limited liability companies.
8. A new definition of "owner" adds persons who actively engage in operation of the business
activity, whether or not they are owners of the property.
9. The ability of two or more related business activities to be undertaken on the same premises
under one business license is limited to related businesses having a single taxpayer
identification number.
Page I oft
Imo,
CITY OF
ASHLAND
10. The ability of two or more related business activities to be undertaken at separate locations
under one business license is limited to related businesses having a single taxpayer
identification number.
11. Uncompensated home exchanges are exempted from the requirement to have a business
license.
12. A material change in the business activity for which a license has been issued requires a new
business license.
Council approved First Reading with one minor change: deletion of the phrase "short-term home
rentals" in the proposed revised section 6.04.020B. That phrase is deleted in the version proposed for
Second Reading.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends Council approval of second reading the proposed ordinance making changes to the
business licensing requirements in AMC Chapter 6.04.
SUGGESTED MOTION:
I move to approve second reading by title only of the ordinance titled "An Ordinance Amending AMC
Chapter 6.04 Business Licenses".
ATTACHMENTS:
Proposed Ordinance
Page 2 of 2
~r,
ORDINANCE NO.
AN ORDINANCE AMENDING AMC CHAPTER 6.04
BUSINESS LICENSES
Annotated to show ae'~nsand additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the applicability of the City's business license requirements to provision of certain
transient lodging permitted has been unclear heretofore; and
WHEREAS, exempting up to five long-term residential rentals by one owner from the
requirement to obtain a City business license while requiring the owner of a single transient
lodging to obtain business license would seem inequitable.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6.04 is hereby amended to read as follows:
SECTION 6.04.010 Purpose and Scope.
The business license taxes imposed by the terns of this Chapter are for revenue purposes only.
Neither the acceptance of the prescribed tax nor the issuance of the applicable license shall be
constructed to constitute a regulation or approval of any business activity or a permit to engage
in any activity otherwise prohibited by law or ordinance, or a waiver of any regulatory licensing
requirement imposed by any other ordinance other than this.
SECTION 6.04.020 Definitions.
A. Business activity. Conducting any occupation, calling, trade, profession, rental activity,
or other transactional activities, including rental of two (2) or more dwelling units and
rental of any transient lodgings, with the intent of receiving payment or other valuable
consideration.
1. That a profit be realized therefrom; and
2. That the profit, if any, inure to the benefit of the owner or- owners of the netivity.
B. Transient lodging. Property which is used or designed for occupancy by transients for
dwelling, lodging or sleeping purposes and which is rented or intended for rent on a
Ordinance No. Page 1 of 7
1
daily or weekly basis to transients for a charge or fee paid or to be paid for rental or
use of facilities. Hotels, motels, inns, traveler's accommodations as defined in AMC
18.08.795, mobile homes or house trailers at recreational vehicle/camping parks or
other fixed locations, or other similar structures or portions thereof which meet the
above criteria are transient lodgings for purposes of this Chapter 6 and Chapter 4.
Profit. The exeess gross reeeipts over expense.
C. Rental activity. The acceptance of payment or other valuable consideration in
exchange for occupancy of two or more dwelling units of any kind for any length of
time or in exchange for occupancy of one or more transient lodgings, as defined in
AMC 4.24.1011 for a period of less than 30 days. ENftt The eest of goods sold, the
e~ipense of serviees rendered, and all other expenses or disbursements, fleerued or
othem,ise, ordinar-ily ineidental to the operation of the business.
1} Doing transa2-jigge ti A t or series of acts performed in the eourse or
pursuit of a business aetivity.
ED. Person. Includes a person, ee-partner, partnership, limited liability company, or
corporation.
EE. Owner. A person having an who has a financial interest in a business activity or who
and-actively engageds in the operation of said-a business activi .
GF. Employee. Any individual who performs service for another individual or organization
having the right to control the employee as to the services to be performed and as to the
manner of performance. For purposes of this ordinance employee also means a licensed real
estate sales person or associate real estate broker who engages in professional real estate
activities only as an agent of a real estate broker or organization.
MG.Dwelling Unit. One or more rooms designed for occupancy by one (1) family and not
having more than one (1) kitchen or cookinu facility.
Rental A et:. Gtr. A per-son who necepts payment for the use of six Ar more properties.
SECTION 6.04.030 Business License Required.
It shall be unlawful for any persons for themselves, or as agent or employee of another, to
undertake a business activity , - transaet and earry on any business, trade, profession, or eeeapatien within the City of Ashland, Oregon, unless:
A. Such business activity has been duly licensed as herein provided; and the license is
valid at the time of the business activity; or
B. The business activity is exempt pursuant to AMC 6.04.085. The heense is valid ,.t
SECTION 6.04.050 License Applications.
A. Applications for business licenses must shall be submitted on forms to be provided by the
Finance Department. Every such application must shall--be signed by the owner or a duly
authorized agent and must shall contain the following information:
1. Name of person or persons owning business, if a , the name o or an
authorized officer;
2. Assumed business name, and phone number, if any;
3. Address of business premises and, mailing address and phone number of applicant,
the owner(s) of the business activity and of its principal place of business;
4. Nature of the business activi ;
Ordinance No. Page 2 of 7
5. Number of employees;
6. Emergency contact name and telephone.
B. Where If the business ineludes activities are classified in two (2) or more categories, the
primary or predominant activity should be designated.
C. Where If the business premises of an ° pliennt ° situated-principal place of business
is outside the City, the application must shall specify the number of employees to be
engaged in the tr-ansaetion of the business activity within the City, and the license issued
on the basis thereof, shall be only to permit the specified number of employees to transact
business conduct the business activity within the City at any one time.
D. License taxes shall be computed on the basis of information contained in the application,
and it shall be unlawful for any person knowingly to sign or submit a business license
application containing false information.
E. The City shall prepare blank business license applications and make them available at City
Hall upon request.
F. Failure to receive or secure a form business license application shall not relieve any person
from the obligation to pay a license fee and obtain a license under this ordinance.
SECTION 6.04.060 Two or More Businesses on Same Premises.
If two (2) or more differently classified, but related businesses activities, are carried on in the
same premises by the same owners, one license issued in the name of the business activity o
which the premises are primarily appropriated, and based upon the total number of employees or
other units on the whole premises, shall be sufficient for all such activities as long as all the
related business activities have a single taxpayer identification number for purposes of
income tax reporting. Any business activity leased, under concession to, or owned wholly or in
part by a different person or persons on the same premises must be separately licensed.
SECTION 6.040.070 Two or More Business Premises.
The conducting of a business or- businesses activity at two (2) or more sepiarate-discrete
locations shall, for the purposes hereof, be deemed to be separate businesses business activities,
and each shall be is subject to the license tax fee herein provided for, except that rental
properties, warehouses and distributing plants used in connection with and incidental to a
business activity licensed under the provisions of this Chapter shall not be deemed to be separate
places of business, or branch establishments, or separate types of businesses as long as a single
taxpayer identification number is used for income tax reporting for all such related
facilities.
(Ord. 2538 S2, 1989; Ord. 2631, 1991)
SECTION 6.04.080 License Ta* Fee Schedule.
A person licensed under this chapter must shall pay the appropriate business license fee as set by
Resolution..
(Ord. 3047, amended 04/19/2011; Ord. 2926, amended, 06/06/2006)
SECTION 6.04.085 Business License Exemptions.
A. The following persons and activities are exempt from the license requirements imposed by
the Business License Law.
Ordinance No. Page 3 of 7
1. Persons whom the City is prohibited from licensing or taxing under the constitution or
laws of the United States, the constitution or laws of the State of Oregon, or the Charter
of the City.
2. Non-profit or charitable, religious or educational organizations which have received a
tax exempt certificate from the Internal Revenue Service, and which devote the net
proceeds from the sale of goods or services to the purpose of the organization.
3. The sale of personal property acquired for household or other personal use by the seller,
provided that the total length of sale is fewer than 4 days in any one calendar year.
4. The operation of a display space, booth or table maintained for displaying or selling
merchandise at any trade show, convention, festival, fair, market, or swap meet,
provided that the sponsor of the event is licensed to do business.
5. Any Family Day Care Provider who regularly provides day care in the provider's home
in the family living quarters, or any babysitter who goes into a home of a child to give
care during the temporary absence of the parent, legal guardian, or custodian.
6. Any unincorporated business activity carried on by individuals under the age of 18.
7. Rental of just one dwelling unit for periods of 30 consecutive days or more.
8. Dwelling-for-dwelling home exchanges in which neither owner receives monetary
compensation.
(Ord. 2122 1981; Ord. 2315 S1, 1984; Ord. 2631 1991)
SECTION 6.04.090 Term.
The business license term shall be for a fiscal year, beginning July 1 and ending June 30 of the
next year, and business license taxes fees are due annually on or before July 1, of the fiscal year
for which the license is required. Any material change in business activity licensed herein or
any material change in a condition of approval for a business activity licensed herein
automatically terminates the business license without notice and requires application for a
new business license.
(Ord. 2926, amended 06/06/2006)
SECTION 6.04.100 Issuance of License.
Upon receipt of an application duly signed and executed as hereinabove prescribed, together with
the required tax fee, the Finance Department shall issue a business license to any applicant
desiring to transaet or-conduct any lawful business activity within the City. If the City has
knowledge that the applicant is engaging in, or proposes to engage in an unlawful activity, the
City shall return the fee to the applicant, along with the reason for so doing, and shall refuse to
issue a license.
SECTION 6.04.105 Duplicate License.
A duplicate license shall be issued upon application and payment of a fee of $10 to replace the
license previously issued which was lost or destroyed.
SECTION 6.04.110 Transfer of License.
No transfer of assignment of any license issued under this Chapter is valid or permitted, except
that when a person sells or transfers a business activi for which such license has been issued,
the purchaser is not required to pay an additional license tax fee for the remainder of the fiscal
year, provided the per-son selling the business seller notifies the Finance Department in writing
Ordinance No. _ Page 4 of 7
of the transfer of the business activity. If the location of a business activity is changed, but the
nature of the business activity is unchanged, the license may be transferred to the new location.
SECTION 6.04.115 Consumer Protection Revocation.
Any individual or firm against whom a judgment is entered for fraud related to the business
activity for which the license is issued, or which occurred within five (5) years preceding the
date of application, shall be subject to denial or revocation of a license to conduct business
activities within the City of Ashland. Denial or Revocation are subject to the appeal process of
AMC 2.30.
(Ord. 3024, amended, 08/03/2010)
SECTION 6.04.120 Temporary License.
If a business activity licensed under this chapter is for a limited duration of not more than 30
days, the fee will be $25, regardless of the number of employees..
(Ord. 2926, amended 06/06/2006)
SECTION 6.04.130 Delinquent Penalty.
There shall be a penalty of ten percent (10%) with a minimum of $25 added to all business
license taxes fees paid later than 30 days after they are due.
(Ord. 2926, amended 06/06/2006)
SECTION 6.04.140 License Must be Displayed.
At all times after the issuance of the business license, the licensee must shall cause it to be
posted in a conspicuous place upon the business premises, available for inspection by the public
and by employees and prospective employees of the business provided:
A. That where the license has no office, business premises or other established place of
business within the City, the license must shall be in possession of a representative of
the business present within the City at all times during which business is being
transacted by an employee or representative within the City.
SECTION 6.04.150 Penalties.
A Violation of AMC 6 04 030 10pe_ Conducting a business activity in the City of
Ashland without a City business license' in neeordanee with this ChapteF is a violation
of AMC 6.04.030 and shall be considered a Class I violation, subject to the limitations of
AMC 1.08.
B. Any violation of the requirements of this chapter, not addressed in A above, shall be a Class
III violation as defined by AMC 1.08 and punishable as set forth in that section.
(Ord. 3024, amended, 08/03/2010)
SECTION 6.04.160 Evidence of Doing Business.
In the trial or hearing on of any alleged violation of this Chapter, evidence of advertisements by
newspapers, radio, television, Internet or other medium or by signs displayed for public view,
that sueh a business activity was being conducted within the City, including expressly or
impliedly offering to sell goods, or-, services or lodging to the public or any segment thereof,
shall constitute prima facie evidence that the defendant was transaetiug conducting a business
activity within the City on the day or date during which such representations were made.
Ordinance No. Page 5 of 7
SECTION 6.04.170 Confidentiality.
Except as otherwise required by law, it shall be unlawful for the City, any officer, employee or
agent to divulge, release, or make known in any manner, any financial or employee information
submitted or disclosed to the City under the terms of this Ordinance. Nothing in this Section
shall prohibit:
A. The disclosure of the names and addresses of any persons to whom business licenses
have been issued; or
B. The disclosure of general statistics in a form which would prevent the identification of
financial or employee information regarding an individual business licensee or
applicant; or
C. Presentation of evidence to the court, or other tribunal having jurisdiction in the
prosecution of a claim by the Finance Department; or
D. The disclosure of information when such disclosure of conditionally exempt
information is ordered under public records law procedures; or
E. The disclosure of records related to a business's failure to report and remit the business
license tax when the report or tax is in arrears for over six months. The City Council
expressly finds and determines that the public interest in disclosure of such records
clearly outweighs the interest in confidentiality under ORS 192.501(5).
(Ord 3024, amended, 08/03/2010)
SECTION 6.04.180 Examining Books, Records, or Persons.
The City, for the purpose of ascertaining the correctness of any license application, or for the
purpose of estimating any license fee, may examine or may cause to be examined, by an agent or
representative designated by it, any books, papers or payroll records, state or federal payroll
reports, bearing upon the matter.
SECTION 6.04.190 Appeals.
Any person aggrieved by any determination of the Director of Finance with respect to the
amount of such tax, interest, and penalties, if any, may appeal pursuant to AMC 2.30. The
Findings of the Hearings Officer shall be final and conclusive, and shall be served upon the
appellant, in the manner prescribed above for the service of notice of hearing. Any amount found
to be due shall be immediately due -and payable upon the service of notice.
(Ord. 3024, amended, 08/3/2010)
SECTION 6.04.200 Records.
it shall be the duty of eEvery licensee to-must keep and preserve for a period of not less than 3
years such books and records as will accurately reflect the number of employees for each license
year.
SECTION 6.04.210 Time of Effect.
This Chapter shall take effect on July 1, 1976, and remain in effect until repealed.
(Ord. 1880, 1976; Ord. 1938 1977; Ord. 2142 1981; 2631 1991
)
Ordinance No. Page 6 of 7
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 2013,
and duly PASSED and ADOPTED this day of 2013.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 2013.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 7 of 7
CITY OF
-ASHLAND
Council Communication
October 1, 2013, Business Meeting
Second Reading of an Ordinance Amending AMC
Chapter 4.24 Transient Occupancy Tax
FROM:
David Lohman, City Attorney, david.lohman@ashland.or.us
SUMMARY:
The proposed ordinance revisions would clarify expectations for operators and enforcement officials,
making clear that all forms of transient lodgings are subject to the Transient Occupancy Tax, and
would regularize appeals.
BACKGROUND AND POLICY IMPLICATIONS:
At its September 17, 2013, business meeting, Council approved First Reading of the proposed ordinance with no
changes. The proposed revisions made clear that the TOT applies to all forms of transient lodgings.
Proposed changes in wording harmonized terminology in Chapter 4.24 with terminology in the
chapters on business licenses and on land use.
Other proposed changes to the transient occupancy tax requirements in AMC 4.24, are summarized
below.
1. The key term defined in Section 4.24.010 is proposed to become "transient lodging" instead of
"hotel" and is defined so as to unambiguously include all forms of short-term lodging for a fee,
including hotels, motels, bed & breakfast establishments and short-term rentals of homes by
their owners.
2. Transient lodgings is defined to be paid occupancy for dwelling, lodging, or sleeping purposes
for periods of less than 30 consecutive calendar days. Lodging for periods of more than 30
consecutive days or more is implicitly excluded from the definition to be consistent with the
state statute authorizing transient lodging taxes.
3. A new definition of "rent" makes clear that it means not only the amount paid to the operator
for use of the lodging facilities, but also amounts paid for booking and reservations, whether or
not the operator is the one receiving the payments.
4. Hostels and home exchanges are exempted from the TOT.
5. The appeal process is altered to utilize the procedures in the City's standard appeal process set
forth in AMC 2.30.
FISCAL IMPLICATIONS:
Enforcement of TOT requirements on operators of some transient lodgings who have not previously
collected such taxes from their renters will require dedication of increased staff time. At least to some
extent, the added enforcement costs should be offset by increased TOT revenues to the City. Explicit
application of the TOT to booking and reservation fees should slightly increase TOT revenue. The net
fiscal impacts of these proposed changes are not determinable at this time.
Page I of 2
IA,
CITY OF
ASHLAND
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends Council approval of the second reading of the proposed ordinance making changes
to the Transient Occupancy Tax provisions in AMC Chapter 4.24.
SUGGESTED MOTION:
I move to approve the second reading of the ordinance titled "An Ordinance Amending AMC Chapter
4.24 Transient Occupancy Tax".
ATTACHMENTS:
Proposed Ordinance
Page 2 of 2
ORDINANCE NO.
AN ORDINANCE AMENDING AMC CHAPTER 4.24
TRANSIENT OCCUPANCY TAX
Annotated to show del sand additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the applicability of the State and City Transient Occupancy Tax to short term home
rentals has been unclear heretofore.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4.24 Transient Occupancy Tax is hereby amended to read as follows:
SECTION 4.24.010 Definitions.
Except where the context otherwise requires, the definitions contained in this section shall
govern the construction of this chapter:
A. Person shall means any individual, firm, partnership, joint venture, association, social
club, fraternal organization, joint stock company, corporation, estate trust, business trust,
receiver, trustee, syndicate, or any other group or combination acting as a unit.
B. Hotel shall mean an), stfueture, or any portion of any strueture, whieh is ,
or intended or designed for- oeeupaney by transient for dwelling, lodging or- sleepin
purposes, and ineludes any hotel, inn, tourist home or house, motel, studio hotel,
baehelor hotel, lodging house, r-ooming house, apartment house, der-mitory, publie
or private elub, mobile home or- house trailer at a fixed loention, or- other sifflilft
struetur-e or portion thereof
Transient LodainE means property which is used or designed for occupancy by
transients for dwelling, lodging or sleeping purposes and which is rented or
intended for rent on a daily or weekly basis to transients for a charge or fee paid or
to be paid for rental or use of facilities.
C. Occupancy shall means the use or possession, or the right to the use or possession of any
room or rooms or portion thereof, in any hotel transient lodgings or reerentiona
vehieleleamping par-k for- dwelling, lodging or- sle
Ordinance No. Page 1 of 9
D. Transient shalFmeans any person who exercises occupancy or is entitled to occupancy in
a hotel transient- lodging rentioral vehicle/eamping purl' by reason of
concession, permit, right of access, license or other agreement for a period of less than
thirty (30) consecutive calendar days ee less; counting portions of calendar days as full
days. Any such person so occupying space in a transient lodgin" hotel or reereat`
vehieleleamping park shall be deemed to be a transient until the period of thirty (30)
consecutive days transpires has expired unless there is an agreement in writing between
the operator and the occupant providing for a longer period of occupancy. In
deter-mining whether a per-son is a transient, uninterrupted per-iods of time-
expending both prior- and subsequent to the eMetive date of this ehapter may
elm
E. Rent shall means the total consideration valued in money eharged paid by a transient
for booking, reservations, and occupaney of space in a transient lodging, whether
such consideration is received in money, goods, labor or otherwise, including all
receipts, cash, credits and property and services of any kind or nature, without a
deduction therefrom whatsoever and whether or not such consideration is received by
the operator„
i money, whether- to be reeeived in money, goods, labor or otheFwise,
reluding a'1 r pts, ash, edits, and property and sen,iees of any kind a nature,
without a dedueti n theref.-opt whatsoever-. Rent is the total a sida..ation paid by a
t-a foF oeeupane of a room o- spnee In addition to the amount charged for.
booking, reservations and room lodging, rent includes charges by operator for meals,
parking, telephone, and other items unless such iteins-charges by operator are
separately incurred and specifically itemized on a duplicate customer pre-numbered
receipt. Rent is the tettil eonsider-ation paid by a .
F. Operator shall-means the person who is proprietor of the transient lodging, hotel er
reereational • ehiele/eamping par'i, whether in the capacity of owner, lessee, sublessee,
mortgagee in possession, licensee or any other capacity. MKhere-If the operator performs
any functions or eharging-char es or reeeiving-receives rent through an agent of any
type or character other than an employee, the agent shall also be deemed an operator for
the purposes of this chapter and shall have the same duties-obligations and liabilities as
the principal. Where the operator is a corporation, the term operator shall also includes
each and *every member of the Board of Directors of such corporation for the time
involved. Where the operator is a partnership or limited liability company, the term
operator also includes each and every member thereof for the time involved.
Compliance with the provisions of this chapter by either the principal or the agent shall,
however, be considered to be compliance by both.
G. Tax Administrator shall-means the Director of Finance of the City of Ashland, or
designee.
H. Recreational Vehicle/Camping Park shall-means a development designed principally for
the transient housing of travel trailers, mobile homes, tent trailers, motor homes, and for
tent camping. (Ord. 1907, 1977; Ord. 1975, 1978)
1. Accrual Accounting. A system of accounting in which the operator enters the rent due
from a transient into the record when the rent is earned, whether or not it is paid.
J. Cash Accounting. A system of accounting in which the operator records the rent due
from a transient when it is paid, regardless of when the person occupies the room.
Ordinance No. _ Page 2 of 9
K. Full Breakfast. A complete meal served to occupant of the room consisting of a
minimum of three prepared items plus beverage. The full breakfast must be served on
dinnerware and presented in a common area furnished with table(s) and seating, not in a
restaurant open to the public. (Ord. 2632, 1991)
SECTION 4.24.020 Tax Imposed.
For the privilege of occupancy in any hotel transient lodging, each transient is subject to and
shall-must pay a tax in the amount of nine (9%) percent of the rent eharged by the eper-ato
total rent paid by a transient, as defined in Section 4.24.010E. Said tax constitutes a debt
owed by the transient to the City which is extinguished only by payment to the operator of the
hotel transient lodging at the time the rent is paid. The operator shall must collect and record
the tax into the record when rent is collected, if the operator keeps records on the cash basis of
accounting, and when earned if the operator keeps records on the accrual accounting hasesbasis.
If the rent is paid in installments, a proportionate share of the tax shall must be paid with each
installment. The unpaid tax shall is he-due upon the transient's ceasing to occupy space in the
transient lodging hotel. If for any reason the tax due is not paid to the operator of the hotel
transient lodging, the Tax Administrator may require that such tax shall be paid directly to the
Tax Administrator. (Ord 1907, 1977; Ord 2024 S1, 1979; Ord 2632, 1991; Ord 2674; 1992;
2960, amended, 10/01/2008)
SECTION 4.24.030 Exemptions.
No tax shall be imposed upon:
A. Any person as to whom, or any occupancy as to which, it is beyond the power of the City
to impose the tax herein provided;
B. Any occupant whose rent is of a value of $15.00 or less per day. This amount shall will
be adjusted on July 1 of each year based on the change in the Portland Consumer Price
Index. (Ord. 2216, 1982; Ord. 2745, 1994)
C. Any officer or employee of a foreign government who is exempt by reason of express
provision of federal law of international treaty.
D. The amount attributable to one full breakfast per day for a transient at a Bed and
Breakfast establishment. However, in no case shall the exemption exceed the greater of
10% of the total amount charged per transient or $10.00 per day. This amount shall be
adjusted on July I of each year based on the change in the Portland Consumer Price
Index.
E. Any room donated to a non-profit organization claiming exemption under IRS code 501.
F. Any room rented by the Ashland Interfaith Care Community, or such other organization
specifically recognized by the City Council for providing services to the homeless, for
occupancy by a homeless person or persons. (Ord. 2692, 1992)
G. Anv hostel, as defined in AMC 18.08.315.
H. Anv home occasionally exchanged with a home outside'the City without payment of
rent.
No exemption shall be granted except upon written claim therefor made at the time rent is
collected and under penalty of perjury upon a form prescribed by the Tax Administrator.
(Ord. 1907, 1977; Ord. 2632, 1991)
Ordinance No. Page 3 of 9
SECTION 4.24.040 Operator's Duties.
Each operator shall must collect the tax imposed by this chapter, to the same extent and at the
same,time as the rent is collected from every transient. The amount of tax shall must be
separately stated from the amount of the rent charged, and each transient st must, upon
demand, receive a receipt for payment from the operator. No-The operator of a transient
lodging hotel shall must not advertise or state in any manner, whether directly or indirectly, that
the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be
added to the rent, or that, if added, any part will be refunded except in the manner hereafter
provided. Every operator required to collect the tax imposed herein shall be entitled to retain
five percent (5%) of all taxes collected to defray the costs of collections and remittance. (Ord.
1907, 1977; Ord. 2632, 1991)
SECTION 4.24.050 Registration.
Within thirty (30) days after the date of adoption of this chapter or within thirty (30) days after
commencing business, whichever is later, each operator of any hotel transient lodging Of
r-eer-eational vehiele/eamping park renting oeeupaney to transients must shall register said
hotel transient lodging or ree-°°"°°°' vehielelea ping park with the Tax Administrator and
obtain from him/her a "Transient Occupancy Registration Certificate" to be at all times posted in
a conspicuous place on the premises. Said certificate shall, among other things, state the
following:
A. The name of the operator;
B. The address of the hotel transient lodging park;
C. The date upon which the certificate was issued; and
D. The following statement:
"This Transient Occupancy Registration Certificate signifies that the person named on the face
hereof has fulfilled the requirements of this part by registering with the Tax Administrator for the
purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the
Tax Administrator. This certificate does not authorize any person to conduct any unlawful
business or to conduct any lawful business in an unlawful manner, nor to operate a hotel
transient lodging or ree-eational - ehiele/eam°'_R p without strictly complying with all
local applicable laws, including but not limited to those requiring a permit from any board,
commission, department or office of this City. This certificate does not constitute a permit."
(Ord. 1907, 1977; Ord. 1975 S3, 1978; Ord. 2632, 1991)
SECTION 4.24.060 Reporting and Remitting.
Each operator must shah, on or before the 25th day of the month following the end of each
calendar quarter (in the months of April, July, October and January), make a return to the Tax
Administrator, on forms provided by the City, of the total rents charged and received and the
amount of tax collected for transient occupancies. At the time the return is filed, the full amount
of the tax collected must shall-be remitted to the Tax Administrator. The Tax Administrator
may establish shorter reporting periods for any certificate holder if he/she deems it necessary in
order to insure collection of the tax and the Administrator may require further information in the
return relevant to payment of the liability. Returns and payments are due immediately upon
cessation of business for any reason. All taxes collected by operators pursuant to this chapter
Ordinance No. Page 4 of 9
shall-will be held in trust for the account of the City until payment thereof is made to the Tax
Administrator. (Ord. 1907, 1977; Ord. 2632, 1991)
SECTION 4.24.070 Penalties and Interest.
A. Original Delinquency. Any operator who fails to remit any portion of any tax imposed by
this chapter within the time required, must shalEpay a penalty of ten percent (10%) of the
amount of the tax, in addition to the amount of the tax.
B. Continued Delinquency. Any operator who fails to remit any delinquent remittance on or
before a period of thirty (30) days following the date on which the remittance first became
delinquent, must shall pay a second delinquency penalty of ten (10%) percent of the amount
of the tax in addition to the amount of the tax and the ten (10%) percent penalty first
imposed.
C. Fraud. If the Tax Administrator determines that the nonpayment of any remittance due under
this chapter is due to fraud, a penalty of twenty-five (25%) percent of the amount of the tax
shall-will be added thereto in addition to the penalties stated in subparagraphs (A) and (B) of
this section.
D. Interest. In addition to the penalties imposed, any operator who fails to remit any tax
imposed by this chapter must shall pay interest at the rate of one percent (1%) per month or
fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the
remittance first became delinquent until paid.
E. Penalties Merged with Tax. Every penalty imposed and such interest as accrues under the
provisions of this section shall become a part of the tax herein required to be paid.
F. Waiver of Penalties. Penalties and interest for certain late tax payments may be waived
pursuant to AMC 2.28.045D.
(Ord 2983, amended, 05/05/2009)
SECTION 4.24.080 Failure to Collect and Report Tax--Determination of Tax by Tax
Administrator.
If any operator should fail to keep adequate records or refuse to collect said tax, or to make,
within the time provided in this chapter, any report and remittance of said tax or any portion
thereof required by this chapter, the Tax Administrator shall proceed in such manner as deemed
best to obtain facts and information on which to base the estimate of the tax due. As soon as the
Tax Administrator shall-procures such facts and information as is able to be obtained, upon
which to base the assessment of any tax imposed by this chapter and payable by any operator
who has failed or refused to collect the same and to make such report and remittance, the
administrator shall proceed to determine and assess against such operator the tax, interest and
penalties provided for by this chapter. In case such determination is made, the Tax
Administrator shall give a notice of the amount so assessed by having it served personally or by
depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at
the last known place of address. Such operatormay within ten (10) days after the serving or
mailing of such notice make an appeal of such determination as provided in Section 4.24.090 of
this chapter. If no appeal is filed, the Tax Administrator's determination is final and the amount
thereby is immediately due and payable. (Ord. 2632, 1991)
Ordinance No. Page 5 of 9
SECTION 4.24.090 Appeal.
Any operator aggrieved by any decision of the Tax Administrator with respect to the amount of
such tax, interest and penalties, if any, may appeal the decision to the Cit-, ouneil uursuant to
AMC 2.30. by filing otiee of appeal with the Gity Administrator .yith-i , ii ftee . ne) days
of the serving ailing of the determination of tax due The Council shall fix a time n..d
and the City Administrator- shall give five (5) dft),s WA
appeal, plaee for hearing sueh
at:. e of the time and pinee of hear-Ong to s eh operator- at the last 1EHO °n plaee Of address.
The Couneil shall hear and eonsider an), r-eeords and evidenee presented hearing upon the
Tax Administrator's determination of amount due, and make findings affir-ming, reversing
or- ....,.dla.ong the deter-minntion. The Findings of the Council Hearings Officer shall be final
and conclusive, and shall be served upon the appellant in the manner prescribed above for
service of notice of hearing. Any amount found to be due shall be immediately due and payable
upon the service of notice. (Ord. 2632, 1991)
SECTION 4.24.100 Records.
It shall be the duty of every operator liable for the collection and payment to the City of any tax
imposed by this chapter to keep and preserve, for a period of three (3) years, all such records as
may be necessary to determine the amount of such tax. The Tax Administrator shall have the
right to inspect all records at all reasonable times. Every operator must shall, at a minimum,
maintain guest records of room rents, accounting books and records of income. The operators
must shall, at a minimum, include n these records a daily room rental register, a cash receipts
and deposit journal. These records and books must shall-reconcile to the transient room tax
reports and be auditable. They must shall also reconcile to the operator's income tax reports. If
the Tax Administrator finds the books and records of the operator deficient, in that they do not
provide adequate support for transient room tax reports filed, or the operator's accounting system
is non-auditable, it shall be the responsibility of the operator to improve their must modify
the transient lodging's accounting system to the satisfaetion meet the requirements of the
Tax Administrator.
SECTION 4.24.110 Refunds.
A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than
once, or has been erroneously or illegally collected or received by the City under this
chapter, it may be refunded as provided in subparagraphs (B) and (C) of this section,
provided a claim in writing therefore, stating under penalty of perjury the specific
grounds upon which the claim is founded, is filed with the Tax Administrator within
three (3) years of the date of payment. The claim must shall be on forms furnished by
the Tax Administrator.
B. An operator may claim a refund, or take as credit against taxes collected and remitted, the
amount overpaid, paid more than once or erroneously or illegally collected or received
when it is established in a manneC prescribed by the Tax Administrator that the person
from whom the tax has been collected was not a transient; provided, however, that neither
a refund nor a credit shall be allowed unless the amount of the tax so collected has either
been refunded to the transient or credited to rent subsequently payable by the transient to
the operator.
C. A transient may obtain a refund of taxes overpaid or paid more than once, or erroneously
or illegally collected or received by the elty Cam, by filing a claim in the manner
Ordinance No. Page 6 of 9
provided in subparagraph (A) of this section, but only when the tax was paid by the
transient directly to the Tax Administrator, or when the transient having paid the tax to
the operator, established to the satisfaction of the Tax Administrator that the transient has
been unable to obtain a refund from the operator who collected the tax.
D. No refund shall be paid under the provisions of this section unless the claimant
establishes that right hereto by written records showing entitlement thereto.
SECTION 4.24.120 Actions to Collect.
Any tax required to be paid by any transient under the provisions of this chapter shall be deemed
a debt owed by the transient to the City. Any such tax collected by an operator which has not
been paid to the City shall be deemed a debt owed by the operator to the city Cam. Any person
owing money to the City under the provisions of this ordinance shall be liable to an action
brought in the name of the City of Ashland for the recovery of such amount. In lieu of filing an
action for the recovery, the City of Ashland, when taxes due are more than 30 days delinquent,
can submit any outstanding tax to a collection agency. So long as the City of Ashland has
complied with the provisions set forth in ORS 697.105, in the event the City turns over a
delinquent tax account to a collection agency, it may add to the amount owing an amount equal
to the collection agency fees, not to exceed the greater of fifty dollars or fifty percent of the
outstanding tax, penalties and interest owning.
(Ord 2931, Amended, 09/19/2006)
SECTION 4.24.130 Violations.
All vVlolations of this chapter are punishable as set forth in AMC 1.08.020. It is a violation of
this chapter for any operator or other person to:
A. Fail or refuse to comply as required herein;
B. Fail or refuse to register as required herein;
C. Fail or refuse to furnish any return required to be made;
D. Fail or refuse to permit inspection of records;
E. Fail or refuse to furnish a supplemental return or other data required by the Tax
Administrator;
F. Render a false or fraudulent return or claim;
G. Fail, refuse or neglect to remit the tax to the eity City by the due date.
Violation of subsections A-E and G above shall be considered a Class I violation. Filing a false
or fraudulent return shall be considered a Class C misdemeanor, subject to AMC 1.08. The
remedies provided by this section are not exclusive and shall not prevent the City from
exercising any other remedy available under the law, nor shall the provisions of this ordinance
prohibit or restrict the City or other appropriate prosecutor from pursuing criminal charges under
state law or eity City ordinance.
(Ord 3023, amended, 08/03/2010)
Ordinance No. Page 7 of 9
SECTION 4.24.140 Confidentiality.
Except as otherwise required by law, it shall be unlawful for the City, any officer, employee or
agent to divulge, release or make known in any manner any financial information submitted or
disclosed to the City under the terns of this Ordinance. Nothing in this section shall prohibit:
A. The disclosure of the names and addresses of any person who are operating a hotel Br
°ational vehicle/ea ping park'; transient loduin¢ or
B. The disclosure of general statistics in a form which would prevent the identification of
financial information regarding an individual operator; or
C. Presentation of evidence to the court, or other tribunal having jurisdiction in the
prosecution of any criminal or civil claim for amount due the City under this chapter; or
D. The disclosure of information when such disclosure of conditionally exempt information
is ordered under public records law procedures; or
E. The disclosure of records related to a business's failure to report and remit the tax when
the report or tax is in arrears for over six months or the tax arrearage exceeds $5,000.00.
The City Council expressly finds and determines that the public interest in disclosure of
such records clearly outweighs the interest in confidentiality under ORS 192.501(5).
(Ord 3023, amended, 08/03/2010)
SECTION 4.24.150 Examining Books, Records or Persons.
The City, for the purpose of determining the correctness of any transient occupancy tax return,
or for the purpose of an estimate of taxes due, may examine or may cause to be examined by an
agent or representative designed by it for that purpose, any books, papers, records, or
memoranda, including copies of operator's state and federal income tax returns, bearing upon the
matter of the transient occupancy tax return. (Ord. 2632, 1991)
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered or re-lettered, provided however, that any
Whereas clauses and boilerplate provisions (i.e., Sections Nos. 2-3) need not be codified, and the
City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 2013,
and duly PASSED and ADOPTED this day of 2013.
Barbara M. Christensen, City Recorder
Ordinance No. Page 8 of 9
SIGNED and APPROVED this day of , 2013.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. Page 9 of 9