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HomeMy WebLinkAbout2025-05-19 Study SessionMCouncil Study Session Meeting Agenda ASHLAND CITY COUNCIL STUDY SESSION AGENDA Monday, May 19, 2025 Council Chambers, 1175 E, Main Street Live stream via RVTV Prime at irvtv.sou.edu or broadcast on Spectrum 180 & 181., Public testimony will be accepted for both general public forum items andl agenda items. If you would like to submit written testimony or if you wish to speak electronically during the meeting, please complete the online Public Testimony Form no later than 10 a.m. the day of the meetingi. 5:30 p.m. Study Session PUBLIC FORUM 15 minutes — Public input or comment on City business not included on the agenda II. Recology PI a. RecolIogy PI Ill. Walkable, Design Standards (CFEC) Code Amendments a Walkable Design Standards (CFEC) Draft land Use Ordinance IV., Third Quarter Financial Updlate 3QFY25 a. Thirdl Quarter FY25 Financial Update V. ADJOURNMENT if you need special assistance to participate in this meeting, please contact Alissa Kolodzinski at recorderQashlandoregon. go or541.488.5307 (TTYphone number 1.800.735.2900). Notification atleast three business days before the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting in compliance with the Americans with Disabilities Act. "'"'"Agendas and minutes for City of Ashland Council, Commission and Committee meetings may be found at the City website, ashlandoregoin.gov, Page 1 of I Page 1 of 112 City Manager's Office Sabrina Cotta TIME, ESTIMATE, 10 minutes CATEGORY Informational ' this ietoinform the body onapoMbcu|or topic. Nomotion or6reutionneeded. SUMMARY Reuo�ogyiahere toprov�deinformation about pending rate increases. POLICIES, PLANS & GOALS SUPPORTED BACKGROUND AND ADDITIONAL INFORMATION Annually, Recology communicates to CouncH any need for rate increases and a general overview of serv�es, Per: AMC9.50AMC H. Establishment and Mod�ification of Ser0ce Rates and Fees. Except as set forth herein, the City Couincil may review and set rates mnan annual basis by Council resolution that cons�ders the foHow�ng goals: 1. Rates shall be estabHshed to the greatest extent practicable on a cost -of -service basis based on the or6nance-established cost aHocation methodology. 2. Rates shaH be adjusted annuaHy by CouncH resolution equal to the percentage change in the January -to January Consumer Price Index for Pacft Division (CPI — Pacific) but not to exceed the twelve percent (12%) operafing margM cap. The Cfty Manager or the City Manager's des�gnee shall cerdfy the CPI — Pacific rate in writing to franchisee by March 1 of each year to initiate the rate resolution. 3. Rates shaH 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 operafing margM in the next future year falls between eight (8%) and twelve percent (1 �%) of gross revenues. The ten percent (10%) target return on gross revenues is considered suffic�ent to reflect the level of business risk assumed by the franchisee, to aHow investment inequiipment,and toensure quality ooU|ecfionaerv�ce. FISCAL IMPACTS $143per month increase for the average residential customer SUGGESTED ACT'ION�S, MOTIONS, AND/OR OPTIONS Noaction need. Staff will return with aresolution odthe June 3rdmeefing. REFERENCES & ATTACHMENTS 1. Rate 2. CPI Pacft Dec24 3. Ashland Rates 7-1-2025(1) 4. Chapter g.50AMC (1) 5. Reco|ogyAah|and Preeentadion_AehUand_KAay25 (3) Page scfz Sabrina Cotta, City Manager City of Ashilanid 20 East Main Street Ashland, OR 97S20 Dear Sabrina, March 19, 202S We are formally submitting our request for a rate increase of S.7S%, to be applied equally across all rate structures. Our proposed rate sheet and accompanying financial statement and projections for 202E are enclosed with this letter. Though, we are not aligning with, CPI for this increase, we have still included a copy of the CPl-U (Pacific Cities, all Urban Consumers, December 2024) for reference. Thiis adjustment is based principally in response to a 6% increase in disposal at Dry Creek Landfill in, 2024 (with, an anticipated 4% increase in July this year), as well as some anticipated investments and modernizations we have made — and are looking to make — across our own operations. Please note the increase has an effective date of July 1, 2025. Thiis differs from our usual April 1 effective date for CPI increases since we want to take the opportun,ity to host councilors at the Valley View Transfer Station later this month and present to Council on April 14. Thiis adjustment amounts to an, increase of $1.43 per month for the typical residential customer. The following haven't been adjusted and remain the same, consistent with, prior years: Restart Fee, Cart re- delivery fee, Go Back fee and Recycle Center Surcharge Please let me know if you have any questions, and we look forward to meeting with councilors. Sincerely, Robert Long Assistant General Manager A R 1 2( 0)-), 1 54 1 IzI-7,1 I j"") V ' f c I Page 3 of 112 :5 n C:) CA CA CA 0) CA m m m Cq LO cp co me1- CA Iti- cD cl) 0) C� L) c) ' T C4 CA C14 CA CA (Ii L) > I- (N vi L) C) I- -" N C,1 N C) N 0 CD C) N z CD C) asa m LO LO c- LO N C) 0, m r-� (R N N N N— N cr) c� N 04 z 0 as 0 U) 00 N C, N I- M M r.- 0 0 0 0) 0 04 LO 0 ,q, 0') Ul) co 0) co rl- Ln 0 co I- C) m (0 CD m > C) PI - CD M LO cs p LOO) z CD cr) co CD — N co co 0 m COMA. -.-CO N m U-) M CO N 00 11- It co — m co N a) 00 CD N LO 00 LO m r-- CO N m CD T ern 00 CD a) 00 CN r- PI- > n Ca ;,,t 9 ID " — " co 0 a N CD N m m m m N M M M M a IN M— LMO IN W—c N — — — ch ch co m m N to m co CO I co m ;z N co co co 0 N M co rl_ Il- M� 0) m m r (D 00 11, V) 11, > N O� aq Lq LO LO CO LO CD C� P- M C� CO — 0 Z CD P- C� CD 0) LO Co CO co CO m co M CO N Cl Cl Cl N c! V7 CZ 00 114, LO 00 E > 9 9 C', cs 6 cs 9 .G C\l C14 CA 0) CA m M m C� LO rlMr cq I*- CO � to Tl- rl- co L) 0 rNcvNN N 6 L) > cl C6 L) C) N C14 N C) 0 CD m 0 Z CD N C) C14 CD CA a) 2 �5 a) �5 c 2 C) > c- P-- "t P-- — P-- P,- (N (1) C) _0 2 �t LO N C) >- (0 "t CD — 04 N 04 N cli cli 0 0. clime — N cl) N 0 z a) U) Cu 0 C� 04 co �2 C) > Ln (D 00 C) CN e) (D C) It CO (N LO 0 (N 00 110 — C) CN (0 C) co C, CD L�O A 4 �;; z CD PI LO cr) rl_ Nt CD co ;� - 4q' — C04, mmm- .- mm CA co MMN a) > Nt Tl- 0. a) "17 0 Cf) a) CA Cl "41 0 p m (D 0) a M 0) CO CA CO m N co r-- A M 04 a cr) N 0 N w LO CD m CD C J m co cr) LO C J co M 4q- Nt m 0 0 Ul) Ul) Ce) 4q- 04 M crl_ C) > C) p-ql M 0) 04 z CND (COD I, CA C) CN N CN COMA.- .- AMC CA Ce) m co N 0 < E cu E o 0 > Jas-r a) z m 0 '6 -05 0- > 4 r4 3: C) cl) U) -r- 6 0) g Z 2 j5 'E U- C < n L) 7E m 0 a m U) Z) a- U) w Z) CD CD CD CD CN C) 0a) It CD �D- fli C) (D cD cD cD cD cD 41) o 4�- U o EL C'4 CD CD CD CD CD Lf) C'4 a) 0 C 0 0 EL U-) CN CD CN 2 -0 a) LL -C C: a) -C U-) CN CD CN U-) C: m a) CN 0 (D 0) RecoJlogy Ashland City of Ashland Rates Proposed increase July 1, 2025 [5.75%j Residential Rates 32 Gallon, Cart July 1, 2025 26.33 32 Gallon, Bear Cart 33.16 AdcI'l 32 Gallon Trash, Cart 30.01 64 Gallon, Cart 64 Gallon, Bear Cart 54.97 61.80 96 Gallon, Cart 83.60 32 Gallon, Trash On -Call per Setout 11.97 96 Gallon, Green Waste Cart Additional Green Waste Cart $ 10.11 2.88 32 Gallon, Recycle Only Cart $ 7.21 64 Gallon, Recycle Only Cart $ 7.21 96 Gallon, Recycle Only Cart Recycling On -Call per Setout $ $ 8.64 5.72 Additional Recycling Cart $ 2.88 Not on Service 1st Can $ 19.53 Additional No -Service Can, Extra - I Can/Large Bag Each $ $ 8.68 8.68 Extra - I Small Bag Each, $ 4.34 Extra Service - Green, Waste Cart $ 6.35 Go -in Rates July 1, 2025 Off curb up to 40 Yards $ 8.64 40 yards to 1/2 mile 23.23 1/2 Mile to 1 Mile Beyond 1 Mile 46.45 77.32 NOTE: Lifeline cust�omiers qualify for a 30% discount from residential rates. Page 5 of 112 RecaJ'agy Ashlandl City of Ashland Rates Proposed) Increase July 1, 2025 [5.75%j Commercial Cart Rates duly 1, 2025 32 Gallon, 1 x Week 32 Gallon, 2 x Week $ $ 2.6.33 54.97 32 Gallon, 3 x Week $ 83.60 32 Gallon, 4 xWeek $ 11.2.26 32 Gallon, 5 x Week 32 Gallon, 6 x Week $ $ 140.89 169.52 64 Gallon, 1 x Week $ 54.97 64 Gallon, 2 xWeek $ 11.2.26 64 Gallon, 3 x Week 64 Gallon, 4 x Week $ $ 169.52 22.6.78 64 Gallon, 5 x Week $ 284.07 64 Gallon, 6 x Week $ 341.33 96 Gallon, 1 x Week 96 Gallon, 2 x Week $ $ 83.60 169.52 96 Gallon, 3 x Week $ 255.42 96 Gallon, 4 x Week $ 341.33 96 Gallon, 5 x Week 96 Gallon, 6 x Week $ $ 42.7.2.3 51.3.1.3 32 Gallon, Commerical Organics Cart $ 10.11 96 Gallon, Green Waste Cart $ 10.11 32 Gallon, Recycle Only Cart 1 x Week 32 Gallon, Recycle Only Cart 2 x Week $ $ 7.21 1.4.42 32 Gallon, Recycle Only Cart 3 x Week $ 2.1.64 64 Gallon, Recycle Only Cart 1 x Week $ 7.21 64 Gallon, Recycle Only Cart 2 x Week 64 Gallon, Recycle Only Cart 3 x Week $ $ 1.4.42 2.1.64 96 Gallon, Recycle Only Cart 1 x Week $ 8.64 96 Gallon, Recycle Only Cart 2 x Week $ 17.31 96 Gallon, Recycle Only Cart 3 x Week $ 2.5.96 RecoJlogy Ashland City of Ashland Rates Proposed increase July 1, 2025 [5.75%j Container Rates 1 Yard 1 x Week $ July 1, 2025 144.07 1 Yard 2 x Week $ 252.53 1 Yard 3 x Week $ 361.88 1 Yard 4 x Week 1 Yard 5 x Week $ $ 469.90 577.69 1 Yard 6 x Week $ 684.63 1.5 Yardl I x Week $ 188.02 1.5 Yardl 2 x Week 1.5 Yardl 3 x Week $ $ 326.94 466.94 1.5 Yardl 4 x Week $ 609.23 1.5 Yardl 5 x Week $ 743.40 1.5 Yardl 6 x Week 2 Yard 1 x Week $ $ 880.40 234.82 2 Yard 2 x Week $ 410.23 2 Yard 3 x Week $ 607.99 2 Yard 4 x Week 2 Yard 5 x Week $ $ 749.97 920.40 2 Yard 6 x Week $ 1,089.36 3 Yard 1 x Week $ 320.76 3 Yard 2 x Week 3 Yard 3 x Week $ $ 597.56 784.56 3 Yard 4 x Week $ 1,014.68 3 Yard 5 x Week $ 1,244.36 3 Yard 6 x Week 4 Yard 1 x Week $ $ 1,472.25 408.89 4 Yard 2 x Week $ 701.07 4 Yard 3 x Week $ 995.48 4 Yard 4 x Week 4 Yard 5 x Week $ $ 1,286.57 1,577.08 4 Yard 6 x Week $ 1,865.38 5 Yard 1 x Week $ 499.77 5 Yard 2 x Week 5 Yard 3 x Week $ $ 855.20 1,213.40 5 Yard 4 x Week $ 1,567.43 5 Yard 5 x Week $ 1,920.75 5 Yard 6 x Week 6 Yard 1 x Week $ $ 2,271.30 594.10 6 Yard 2 x Week $ 1,015.33 6 Yard 3 x Week $ 1,440.01 6 Yard 4 x Week 6 Yard 5 x Week $ $ 1,859.49 2,278.11 6 Yard 6 x Week $ 2,693.27 Extra Service 1 Yardl Container Extra Service 1.5 Yard Container 48.11 52.76 Extra Service 2 Yardl Container 66.57 Extra Service 3 Yardl Container $ 126.17 Extra Service 4 Yardl Container Extra Service 5 Yardl Container $ $ 168.23 210.28 Extra Service 6 Yardl Container $ 25 2 - 96 Gallon Carts Equal to 1 Yardl Container $ 144.07 3 - 96 Gallon Carts Equal to 1.5 Yard Container $ 188.02 4 - 96 Gallon Carts Equal to 2 Yardl Container $ 234.82 Page 7 of 112 RecoJlogy Ashlandl City of Ashland Rates Proposed) Increase July 1, 2025 [5.75%j Debris Box Rates 7 Yard per Load $ July 1, 2025 237.01 10 Yard per Load $ 294.47 25 Yard per Load $ 493.56 40 Yard per Load DB Maul Fee 1Oydl (non -trash)* $ $ 789.56 162.84 DB Maul Fee 2.5yd1 (non -trash)* $ 299.59 *tee may be reduced) dlependinig, on, value of commodity Daily Rent c1 Year Monthly Rent 14yd1 box (> 1 year) $ $ 20.2.3 11.2.88 Monthly Rent 25ydl box (> 1 year) $ 150.50 DB Direct (Haul to landfill haul fee only. Disposal extra $ 52.5.88 Compactor Per Pickup (Rates July 1, 2625 1 Yard per Load $ 46.70 2 Yard per Load $ 93.37 3 Yard per Load 4 Yard per Load $ $ 140.04 186.72 8 Yard per Load $ 373.43 15 Yard per Load $ 559.55 20 Yard per Load 2.5 Yard per Load $ $ 691.50 823.48 30 Yard per Load $ 955.48 Medical Waste Bates duly 1, 2025 1 Gallon, Medical Waste $ 33.17 2 Gallon, Medical Waste 15 Gallon, Medical Waste $ $ 40.39 43.2.7 34 Gallon, Medical Waste $ 79.35 Fees & OtherCharges Restart Fee (after suspend) $ duly 1, 2025 1.5.00 Cart re-dlelivery tee $ 20.00 Go Back Fee $ 20.00 Standing Time Fee per minute Recycle Center Surcharge $ $ 3.2.6 1.60 ...f.. i 0 Chi. 9.50 Solid Waste Management Franchise Ordinance I Ashland Municipal Code Page 1 of 20 Chapter 91.50 SOLID WASTE MANAGEMENT FRANCHISE ORDINANCE Sections: 9.50.010 Title 9.50.02,0 Purpose 9.50.030 Scope 9.50.040 Definitions 9.50.050 Franchise Agreement 9.50.060 Franchise Reporting Requirements 9.50.07'0 Franchise Responsibilities and Requirements 9.50.080 Enforcement, Suspension, or Termination of Franchise aproxilrolmum- This chapter shiaill be titled and referred to as the "Solid Waste Management Franchise Ordinance." (Ord. 3172 § 1, added, 02/05/2019) 9.50.020 Pulrpose It is the policy andl purpose of the City of Ashiland to protect the health, safety and welfare of the citizens and physical environment of Ashland through the regulation of solid waiste rnainagernent. This regulation will: A. Ensure safe, economical, efficient and comprehensive solid waste management services (SWMS) as further defined in this chapter; B. Assist the commiunity in reaching and surpassing recycling and waste dliversion rates of the Jackson County wasteshed; C. Ensure fair and eCjUitable service raites and charges across all customer claisses to achieve safe and efficient collection, trainisportation aind recovery of solid waste, recyclables and compostable materials; D. Meet or exceed aill aipplicable ORS 459 regulations relating to solid waste management prescribed to local jurisdictions and their authorized franchisee; and E. Ensure consistent and responsive service aind communication with citizens regairding solid waste management operations, education and requirements including waiste prevention, product life cycle impacts, waste diversion opportunities, recycling best practices and standards and general wasteshed stewardship. (Ord. 3172 § 2, aidded, 02/05/2019) The Ashland Municipal Code is current through Ordinance 3259, passed April 15, 2025. . . 0 0 Chi. 9.50 Solid Waste Management Franchise Ordinance I Ashland Municipal Code Page 2 of 20 9.50.030 Scope Services defined, regulated and authorized in this chapter are aipplicable only within tile City lim,its of tile City of Ashland and all future mmbangrowth boundary annexatiomsoccurring cluringthe term, ofthe ordinance codified in this chapter. (Ord.313Z§],added'D2/85/2819) 9.50.040 Definitions Except where the context clearly indicates a, different rneaning, or where a terrn is defined below, definitions contained within ORS 4�9.005st the time ofaclootiomorasfurther amended inthe future, and regulations promulgated Under state |am4 are applicable tothis chapter. Administrative Operations Standards and Rules rnean all standards and rules approved by resolution Of Council defining specific operating rules and procedures that support and ensure compliance with this chapter. Affiliated [omipanymeans anycompany which shares expenses and/or revenues with the franchisee with, respect tothe services Under tile franchiseandis:(1)theparentcomnpany(corporation'paMneohiporUimnited|iabi|kx cornpany) of franchisee; or (2) any subsidiary Of Such parent company; or (3) any company of which thirty percent (30%) or more of tile common stock or control is owned or controlled by franchisee or franchisee's shareholders; examples Of such shared costs include, but are not limited to: labor, equipment, vehicles, insurance, or administrative costs. 4Jlovvab&cExpenses mean, those expenses incurred bvfranchisee in, the performance ofthis franchise that are allowed bvthe City asreimbursable bvtile ratepayer as enumerated below. Allowable expenses are allowable only tothe extent that such expenses are known and rneasurab|c'caUcu|atedaccording togemeraU|yaccepted accounting principles (GAAP) on ain accrual basis, and comply with, the cost allocation methodology contained within thiischapter totile franchisee'soperations within the City, donot exceed tile fa,irmarket value of compairable goods or services, and are commierciailly rea,sonable and prudently incurred by tile frainchisee solely in the course of performing its obligations Under the frainchise. Allowable expenses shaUUinclude but not belimited to the following: 1. Tile costs of complying with, all laws, regulations or orders apolicable to the obligations of franchisees under federal, state or|oca|law, including this chapter, as well as costs for finanicial reporting, accounting and regulatory processes associated with or required by this frainchise or under law, as now or hereafter amended; 2. Disposal costs; 3. Labor costs, including operational and supervisory |abor, payroll taxes, workers' compensation, and benefits, as well as third party trainsportation costs; 4. Vehicle and equipment expenses, including vehicle registrationfees motor fuel, oil, tires, renta|charge's The Ashland Muini�cipal Code is current through Ordinance 3259, passed April 15, 2025. Page 10 of 112 Chi. 9.50 Solid Waste Management Franchise Ordinance I Ashland Municipal Code Page 3 of 20 5. Expenses of maintaining other capital assets, including rental charges and/or operating lease payments and repair and rnaintenaince, to include container rnaintenaince and repair costs; 6. Performance bonds and insurance in at least the amounts and coverages reClUired by the City; 7. All administrative and management costs and expenses reasonably allocated for the services reClUired under this franchise, including, but not limited to, compensation, management fees, and benefits for officers and emiployees, payroll taxes, data processing, billing, equipment or facility rental or lease costs, supplies, fiinaince and accounting, administration, hUrnain resource and labor mainiagernent, rate ainailysis, and regulatory compliance; 8. Utilities; 9. Training, worker safety and employee development expenses; 10. Promotion and public education, costs; 11. Depreciation and arnortization, of capitail aissets, including any necessary standby or backup eClUipment used on, a, regular and ongoing basis in, the provision of services under this frainchise over the standardized/ economic useful lives of the various aissets; 12. Outside professionail fees and costs, limited to two (2) percentage points of revenue, unless ain extraordinary circumstaince exists; 13. Interest expense, other than, interest paid with respect to route or franchise acquisition, thiait is not in excess of miarket rates ordinarily charged for the various types of financing reClUired for purchases or leases; 14. All Surcharges, taxes or fees, other than state or federal income taxes or franchise fees, which are iimposedl upon the frainchisee or levied by federal, state or locail government in coniniection with franchiisee's provision of collection services under this franchise; 15. Direct write-off charges for bald debts; and 16. Franchise fees assessed by the City. Allowable expenses as defined above shall be reasonable if they are comipaira,ble with the expenses incurred by sirnilairly situated solid waste and recycling collection cornpainies on the west coast of the United States. Automated Collection System means a type of collection system that utilizes stainclairclized roll cairts and miechanically assisted collection eClUipment designed to minimize direct human, handling of customer waste set out for collection. Bulky Wastes rnean large items of solid waste such, as appliances, furniture, large auto parts, trees, branches greater than four (4) inches in diameter and thirty-six (36) inches in, length,, stumps and other oversized wastes whose large size precludes or comiplicates their hanicling by normal collection, processing or disposal methods. City means the existing City lit -nits and future annexations of the City of Ashland, Oregon. The Ashland Municipal Code is current through Ordinance 3259, passed April 15, 2025. Page 11 of 112 Chi. 9.50 Scilid Waste Management Franchise Ordinance I Ashland Municipal Code Page 4 of 20 City Council or Council means the City Council of the City of Ashiland. Commercial means stores; offices, including Mam/faCtUhng and industrial offices; restaurants; warehouses; schools; colleges, universities; hospitals; and other nmnnnanufacturing entities; manufaictuhngentities, but not including multifamily or residential cond�ominium, complexes. Container means areceptacle used tostore solid waste orrecvcla,b&cmaterials that isdesigned for on -site un|oadingintoadosed'bodiedcoUectionvehideimwhidhthecontcntsoftbereccptaclearenmixedvviththc contents of other sim,ilar receptacles. Construction and Demolition Debris means used or discarded construction materials removed from a prernises during conistruction, demolition or renovation of a structure. Cost Allocation. The following allocation methodology shaill be used to cletermine 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 (2) annual surveys toestimate the time spent ineach, jurisdiction by residential and commercial route. Total annual hours will be estimated byjuriscliction for residential and commerciail routes based on the two (2) aninual surveys. The annual total hours will be used to aillocate labor and benefits, fuel, oil, maintenance, vehicle and conitainer leases, vehicle licenses, and route costs byjuriscliction for residential and cornmercial services. Z Debris Box Labor Hours. The franchisee will estimate the average time spent per load byjuriscliction. This average will be applied to the aictual annual load count byjuriscliction, to calculate an, ainnuail totail for each jurisdiction. The annual total hours will be used to allocate labor and benefits, fuel, oil, mia i nite ilia nice, vehicle and debris box leases, vehicle licenses, and route costs by jurisdiction for debris box. 3. Yordoge. Yardage byjurisdiction will be estirnated by Subscribed Volumes for residential and comirnercial 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 franchiseewill use two (2) surveys toestimate the number of weekly services byjuriscliction. This measure will be used to aillocate all other costs byjUrisdiction. 5. Direct Cost. Franchise fees and other costs directly related to a specific jurisdiction will be applied to the appropriate jurisdiction. Curbside/Roadside means alocation within three E;feet ofpublic hgThis does not aUUowthe garbage or recycling receptacle tobeplaced on, the inside ofafence orenclosure evemif the receptacle iswithin three EVfeet of said road or roads. For residences on �aig 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 rneansindividuals, groups, businesses, corporationisorother recognized entity receiving solid waste The Ashland Municipal Code is current through Ordinance 3259, passed April 15, 2025. Page 12 of 112 Chi. 9.50 Scilid Waste Management Franchise Ordinance I Ashland Municipal Code Page 5 of 20 Customer Classification rneans list and definition of the different groupings utilized for rate making; i.e, residential, commierciail, municipal, etc. Depot means afacility for transferring oonitaimerized solid waste, recyclable materials oryard debris from, one (1) mode of transportation to another. The term, also refers toa place for receiving source -separated recyclable Disabled Customer meanis a subscription custorner in which all adult household members possess a DMV-issued handicapped parking sticker/plaicard. Disposal S,ite meanis land and facilities used for the disposal, handling or transfer of, or resource recovery from, solid wastes, including but not limited toclumps, landfills, sludge lagoons, sludge treatment facilities, disposaUsites for septic taink pumping or cesspool cleaning service, transfer stations, resource recovery facilities, incinerators for solid waste delivered by the public orbyasolid waste collection, service, cornposzingplants and Uandand facilities previOUSly used for solid waiste disposal at a land disposail site. Disposal site does not include the following: a facility authorized by permit issued under ORS, 466.005 to46§.385 to store, treat or dispose of both, hazardous � waste and solid waste; afacility subject to permit requirements ofORS, 468B1050 or468B.05�3;a landfill site which isused bythe owner orperson incontrol ofthe prcrmises todispose ofsoil, rock, concrete orother sirmi|ar nondccomnposab|c material, mm|ess 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 82-2-.1-1-0. Drop Box means a single receptacle used to store solid vwasteorrecyclable materials that is clesigned to be removed from, the generator's site on the back of a roll -off truck for unloading at a disposail site, material recovery facility, or other storage or processing facility. The contents of the receptacle are not mixed with the contents of other similar receptacles until delivery toadisposal site. Force Ma|emremeans act ofGiod fire, landslides, lightning, storms, floods, freezing, earthquakes, epidcrmics, volcanic eruptions, public riots, civil distumbanccs actsofthe public enemy, mmrs,b|ockades, embargoes, oractsof civil ormilitary authority, breakage, explosions oraccident tomachines orother materials, pipelines orrnateria|s, governnmcnta|rcstraint,mnavai|abi|ityofadisposa|sitcamdanyotherexentvvhichcou|dmotm/ithreasonab|c diligence becontrolled orprevented bythe party affected by the event. Franchise nneansacontract with the City allowing the use ofpublic to collect and tranisport solid Franchisee nneansaperson, persons, business or corporation who has been grainited a, franchise to operate within the City of Ashland pursuant to this chapter. Generator means a person, who by virtue of ownership, management or control, is responsible for causing or Gross Revenue for any period shall mean: 1 . Gross, accrUal- based billings by the frainchisee to customers for services provided Under the franchise; The Ashland Municipal Code is current through Ordinance 3259, passed April 15, 2025. Chi. 9.50 Solid Waste Management Franchise Ordinance I Ashland Municipal Code Page 6 of 20 2. The aillocated gaiin on the sale of fixed assets, the depreciation or amortization from which, was all, allowable expense under the terms of this chapter, and refunds, sales proceeds or other reimbursements for any other expense that was an allowable expense under this chapter; and 3. The accrual -based proceeds from the sales of recycled miaterial collected withiin the frainichise. Hazardous Waiste means solid waiste or waste that may, by itself or in, combination with, other waste, be explosive, pOiS0110US, caustic or toxic, or otherwise dangerous or injurious to human, plant or animal life, as defined by ORS, 466.005. Household Hazardous Waiste means 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 comirnonly used in, or around households. Household hazardous waiste includes, but is not limited to, some cleaners, solvents, pesticides, and automotive and paint products. Infectious Waste means biologicail waste, cultures and stocks, pathological waste, and sharps, as defined in ORS 459.386. Material Recovery m,eains any process of obtaining from solid waste, by presegregation or otherwise, materials that still hiaive Useful physicail or chemical properties and can be reused or recycled for some purpose. Material Recovery Facility means a, solid waste management facility that separates or stores miaiterials for the purposes of recycling from, incoming, nonputrescible solid waste by Using manual and/or mechainical methods. It also means a facility that primarily aiccepts previously separated recycla,bles. Multifamily means any multi -dwelling building or group of buildings that (1) contain(s) five (5) or more dwelling units on a, single lot, Such as apartments, condominiums, and mobile home pairks, and (2) receives services on a per lot or per -building basis, as opposed to a, per -unit baisis. 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,. Operating Margin means gross revenues minus allowable expenses within a given period. Organic Waste means materials that can, be biologicailly synthesized by plants or ainimals from simpler substances, are no longer suited for their intended purpose, and are readily broken down by biological processes into soil conistituents. Examples include, but are not limited to, food waste, yard debris, contaminated paiper, and putrescible miaterials that are generally a Source of food for bacteria. Putrescible Waste means solid waste containing orgainic miaterial that can be rapidly decomposed by microorganisms, and which may give rise to foul-st-nelling, offensive products during such, clecomposition, or which is capable of attracting or providing food for birds and potential disease vectors such ais rodents and flies. Receptacle meanis a can, cart, container, drop box, compactor or recycling bin or any other means of containment of solid waste or waste or recyclable materials. The Ashland Municipal Code is current through Ordinance 3259, passed April 15, 2025. Page 14of 112 Chi. 9.50 Solid Waste Management Franchise Ordinance I Ashland Municipal Code Page 7 of 20 Recyclable Material, Recyclable, Recyclab|esmean materiaUthat has or retainis useful physical, chemical, or biological propertiesafter serving its original purpose($orfmncton(s), and is separated from solid waste bvthe generator or at a material recovery facility. Recycling means anyprocess bvwhich wastematerials are transformed into new products insuch armannerthat the original products may lose their identity. Residence,Resdentia|nneansanydweUingunitvvhereat|castfiftvperccrtV5O,%0oftheuseofthe entire building is for home use. Self-Ham|rneanscoUlectonandtransportatiomofsdidvvastefrom,aconmrmerdaimnukUamnik6orresidemtia|entitv by the generator, owner or Occupant of the property, rather thain by a third party hired to perform, thiis function. Senior Discount Rate rneans a discounted collection rate provided to customers that meet the discounted utility rate provision of Resolution No. 92-22 or future related amendments. Solid Waste or Waste. The terms "solid waste" and "waste" are interchangeable. Solid waste shall include all putrescib|cand momputrescib|cwaste, including, but not limited to, garbage; compost; organic waste; yard debris; brushandbranches;|and-c|earingdebris;semers|mdge;residcnda|'comnnmcrciaUandindustria|buiUdingdemnoUitiom oroomstrucdonmmste;discardcdresidentiaicormrnerda|andimdmszria|app|iances, equipment and furniture; discarded, inoperable or abandoned vehicles or vehicle parts and vehicle tires; manure; feces; vegetable or anirnal solid and scrmi-solid waste and dead amirnaUs; and infectiouswvaste. "Waste^^shall mean, useless, unwanted or discarded materials. The faictthat rnateriaUs'which would otherwise cornewithin the definition ofsolid waste, may, from time to tirne, have value and thus be utilized shall not remove them, from, the definition. The terms "solid waste" or"maste'^donot include: 1 . Recyclable materials or yard debris sepairated from, solid waste and properly prepared for collection; Z Hazardous wastes asdefined in, ORS 466.005; 3. Materials used for fertilizer orfor other productive purposes onUandin agriculturaloperationsindhe growing and harvesting of crops or the raising of fowl or animals; 4. Septic tank and cesspool pumping or chemical toilet waiste; 5. Somrce-separated principal recyclable materials, ais defined in ORS 459A and the rules promulgated thereunder and under this chapter, which have been purchased or exchanged for fair market value, Uniless the City declares a site of uncollected principal recyclable materials to be a public nuisance; 6. Applications Of industrial sludges or industrial waste byprodUcts authorized through, a Land Use Compatibility Statement or Management Plan aipproval and that have been applied to aigriculturailUands according to accepted agronomic practices or accepted method approved by the Land Use Compatibility Statement or Management Plan, but not to exceed one hundred (100) cry tonis per acre annually; and The Ashland Muini�cipal Code is current through Ordinance 3259, passed April 15, 2025. Chi. 9.50 Solid Waste Management Franchise Ordinance I Ashland Municipal Code Page 8 of 20 7. Stabilized municipal sewage sludge applied for accepted beneficial uses on land in agricultural, nonagricultural, or SilViCUltUral operations. Sludge-clerived products applied for beneficiail uses on land in llandscaiping projects. Solid Waste Management and Collection Services m,eain prevention, reduction, management of the storage, collection, trainisportation, treatment, utilization, processing and final disposal of solid waste; or recycling, reuse and rnaterial recovery from solid waiste; and facilities necessary or convenient to such activities. Source-Sepairated Materials mean recyclable materials that have been separated by type of recyclable material and removed from, the solid waiste stream by the person who last used the recyclable miaiterials. Transfer Station means a fixed or miobile facility, other thain, a, trainsportation vehicle, where solid waiste is deposited temporarily after being removed from the site of generation but before being trainsported to a final disposal location. Unallowable Expenses shiall include the following: 1. All charitable and political contributions; 2. Fines and penailties, including without limitation judgments for violation of applicable laws, incuirredl 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 substaintiailly equivailent service; 4. Accruals for future unknown regulatory changes; 5. Costs associated with purchase of other companies including, but not limited to, emiployee stock ownership plan payments, goodwill, arnortization, 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 vailue at the time of acquisition; state and federail income taxes; 7. Fees paid to a franchisee's board of directors; 8. Attorney's fees and related expenses resulting from: a,. Anyjudicial proceeding in which the City and a frainichisee are adverse parties, unless the frainichisee is the prevailing party; b. Anyjudicial proceeding in which a frainchisee 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; The Ashland Muiniicipal Code is current through Ordinance 3259, passed April 15, 2025. Page 16of 112 Chi. 9.50 Sold Waste Management FranchiseOrdinance 9. Operation of a, community access recycling depot not physically located or operated in conjunction with the frainchisee's tranisfer station; 10. Recycling operations expenses already calculated and incorporated into franchisee's tipping fees; 11. Any other expenises defined as "unallowable" and approved by mutual consent of the frainchisee and the Council. Utilization. The terms "Utilize," "utilization," or "utilization of solid waiste or waiste" shall rnean productive Use through recycling, reuse, salvagc resource recovery, energy recovery, or laind filling for reclarnation, habitation, or rehabilitation ofUand. Waste Evaluation meansamevaluation completed bvthe City or a franchisee ofacommercial entity's waste management practices, for the purpose ofproviding guiclancctoamultifamily orcommercial customer on effective means to reduce waste, increase recycling, and purchiase recycled products. Yard Debris means grass clippings, leaves, tree and shrub prunings of no greater than four (4) inches in diameter or sirnilair yard and garden vegetation. Yard debris does not include such items as: dirt, sod, StUrnps, logs, tree and shrub prunings grcatcrthamfourpNimchesindiamneter,rocks,p|astic,animna|wasteornnanurc^catUit1er,potdng soil, prepared food m/aszesornomputrescib|ematerial. (8rd.31�72§4`added, Q2/85/2Q1Q) 9.50.050 Franchise Agreement A. /ranchiscAwxzn± Noperson shall dobmSinessinthe collection and transport ofsolid waste generated within the City without a Current, vailid City frainichise. A franchise to provide solid waste management and collection services, including recyclable materiails and yard debris in the service area, of the City, shall bcgranted only after a determination ofneed for the service. The deteri-nination, of need is the responsibility of the, City Council, which will seek the best balance of the following 1 . To ensure safe, efficient, economical, equitable and comprehensive solid waste service; Z Toavoid duplication ofservice that will cause inefficiency, excessive use offuel, increased traffic, and greater wear on streets; 3. To provide service in aireais of marginal return; 4. To prornote and encourage recycling and resource recovery; 5. To improve the likelihood of the franchise holder making a, reasonable profit and thereby encourage 6. To cooperate with other governmental bodies by recognizing their service arraingernents; and The Ashland Muini�cipal Code is current through Ordinance 3259, passed April 15, 2025. Chi. 9.50 Solid Waste Management Franchise Ordinance I Ashland Municipal Code Page 10 of 20 7. To otherwise provide for the service in a rnainner appropriate to the public interest. B. Renewal of Fronchises. 1. In granting a frainchise renewal, the Council m,ay, in aiddition, to thie above, consider the following: a,. Volumes of solid waste collection and disposal; b. Volumes of recyclable materials and rate of participation in recycling; c. Customer satisfaction, including but not limited to Customer complaints; cl. Analysis of solid waste colllection and recycling programs in other cities ais compared to those of the City, including but not limited to prograim costs, funding mechainismis and overall rates of participation in recycling; e. Franchisee performance of its obligations Under the frainchise, including a franchiisee's technicall aind finianicial capabilities; Franchisee a,bility to provide evidence of required insuraince; and g. Franchisee responsiveness to customer or City complaints. 2. Franchises granted by the City shiall be nonexclusive; however, it is understood thiait ;luring the term of frainchises grainted under this chapter, the City shall not grant any other person a franchise for solid waste management services unless there is a, showing by the aipplicant of the need for Such additional service in the proposed service area. As to such aipplication(s) the existing frainichisee shall have first right of refusal to provide such services. 3. 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: a,. An increase in the population of the City; b. An extension of the boundlairies of the City; C. Intensive residential, comirnercial or industrial development within the boundaries of the City; cl. Changes in solid) waste technology and/or recycling collection technology thiat could substantially improve collection service or reduce collection costs to residents of the City; e. The effect thiat an additional franchise would have on each existing frainchisee's ability to meet the City's service standards and maintain a fair return on its investment; Changes in federal or state laws, rules or regulations thiat substantially affect solid waiste or recycling collection reClUirernents; g. The franchisee cannot or will not perform or subcontract the proposed service. The Ashland Municipal Code is current through Ordinance 3259, passed April 15, 2025. Chi. 9.50 Scilid Waste Management Franchise Ordinance I Ashland Municipal Code Page 111 of 20 This chapter does not prohibit any person, from, self -hauling solid waste and/or recyclables. A generator may self - haul �hiisor her own material, and agenerator's contractor may haul materials that are generated as direct result of tile service providers aictivity. For example, landscapers, roofers, and remodelers m,ay self -haul miaterials, but rmaynot contractwith, third parties other than, franchisees for collection and transport. C. Franchise Terms. A franchise to provide solid waste management and collection services shaill be granitedfor a period often (1Q)years, beginning Decernber1^ZQ13,with, subsequent seven (7)year terms renewing annually, unless prior notice of reClUest to terminiate is Submitted by either the City or the franchiseearmimirnumnofninety (90) days prior totile renewal clate. D. Franchise Fee. 1. Annual Fee. |nconsideration oftile rights and benefits oftile terms ofthe franchise, franchisee shall pay tothe City each year during the life oftile franchisebeginning November 1'2813'anannual fee derived from, revenue received bvthat franchiseefrormso|idwastennanagenmertamdco||ectionsendccboundaricsofthe City. The franchise fee shaUUbefive percent (5%)ofgross revenues. 2. Quarterly FYynontc The franichisefec reqmired in smbsection D.1! above shall be paid quarterly, and shall bedue and payable within thirty (3Q)clays oftile end oftile ca|emdarq�uartecAccompanying the payments described above, franichisee shall file with the City Mainager or the City Manager's designee a staternent showing the amount oftile gross revenues received by that compainy within the City for the calendar ClUarter immediately preceding the calenclair quarter in which such statement hs filed. There will be a reconciliation of fi�naUgross revenues onthe qma/ter|yreport emclingSeptember 38ofeach year for the prior fiscal period, which isOctober 1through September 3Q. 3. Reviem/ofRecurds-Amnuo/AuoYtFramchisee shall make available for imsoection'copying amdrevembv the City Manager orthe City Manager's designee atanytinnedmhngmonnaUvvorkhomcsaUrccordsinthe franchisee'spossessionthatthc[itvMamagcrortheOtyManager'sdesigneedccrmsrc|cvanttoxerifving the accuracyoffees paid tothe City, to regulating rates or to carrying out any responsibility that the franchisee or the City hiasunder this chapter. Nomore often thanonce during any twelve (12)month, period, City rmay request ain audit of the books, records and accounts of franchisee by a certified public accountaint or such other professionial chosen by tile City to verify aiccuracy of fees paid to the City, subject tothe approval ofthe audited frainchisee; provided, however, that such approval shall not be unreasonably withheld. Franchisee agrees to have their books, records and accounts audited and further agrees to pay for Such auditing services. The report of the certified public accountant or other professional shall be conclusive and finial. In the event Such audit report discloses any difference ofpayment due either totile City orfranchisee through error orotherwise, such, payment shaUUbedue and payable within thirty (3D)clays ofdiscovery or determiniation of the error. If payment is owed by the City to franichisee, the City shiall reirnburse the franchiseefor payment for the portion of the services attributa,ble to the audit of the frainchisee receiving Such payment from the City. |fpayment isowed byfranchisee totile City, and the difference ofpayment d�ue hsrnore thanthe greater of$588.D0ortwo and one-half percent (21/2%)ofthe franchisee franchise fee, orif the frainchisee is found to have violated any other term or condition of the frainchise, then, notwithstanding any other provision of this section or the franchise, the City may request anadditional audit during the next twelve (12) month period with, all expenses of such aidditional audit paid by Such franchisee. The Ashland Municipal Code is current thro,ugh Ordinance 3259, passed April 15, 2025. Chi. 9.50 Scilid Waste Management Franchise Ordinance I Ashland Municipal Code Page 12 of 20 4. Late Payments - Interest. Should franchisee fail or neglect, for thirty (30) clays after any quarterly payment shall become due and payable, to make the cluairterly payment, the City shall provide written notice of failure ofpayment toframchisee.Upon notification offailure topay, framchisecwill have thirty []D)days toremit payment to the City. If franchisee fa,ils to pay within said thirty (30) day period, the City may charge interest retroactive tothe due date, atarate ofnine percent (9%)per annunm^and may atits option either continue the franchiseinforce and proceed bvsuit oractiontocollect the payment, ordeclare aforfeiture ofthe franchisebecause ofthe failure to make payment, but without waiving its right to collect earned franchise payments and interest E. Franchise Administrative Operations Standards and Rules. The solid waste rnanagernentand collections franchisee will operate within operations standards set by resolution of the City Council. Standards and rules will be developed across aill custorner classi�cations including, but not limited to, the following: 1. Service Rates and Fees. Rate and fee schedule for all collection services, prograrnsbvcustomer dassifi�cation. Z Collections. a. Regular, holiday and hararcloms weather schedules. b. Procedures for missed, bulky waste, vacation hold, ctc'collections. c. Collection receptacle standards and requirements. cl. Receptacle location, requirements for pick-up. e. Private property access rights and limitations. t Responsibilities ofthe custorner. S. Vehicle minimurn equipment, maintenance stainclairds, identification/signiage and standards. 3. Customer Service and a,. Billing standards and frequency. b. Billing/collection, procedures for paist due/nionipay accounits. C. Descriptions, objectives and targets for aUUservices provided across all customer claisshications. cl. Solid waste related programs, education and event prornotion. e. Complaint/dispute resolution procedures. t Community communications and outreach plan coordination with City outlining roles and responsibilities of City and franchisee. 4. Reporting (in Addition to[h The Ashland Municipal Code is current through Ordinance 3259, passed April 15, 2025. Page 20 of 112 Chi. 9.50 Solid Waste Management Franchise Ordinance I Ashland Municipal Code Page 13 of 20 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 cornmercial). Debris box volumes will be rneasured by clump and return aindl/or pull activities. c. Customer counts and trendls over time for residential and commerciail customer class if iicati ons. Debris box load counts will be reported in lieu of debris box customer counts. F. Subcontracting Services. A franchisee may contract with another person to provide specific componients of solid waste rnainagernent and collection, services within the franchisee's service area with, the written approval of the City Manager or the City Manager's designee; provided, that the subcontract does not amount to a, trainsfer of the collection frainichise and the Subcontracting party agrees to: 1. Abide by the conditions of this chapter and associated resolutions; and 2. In written aipplication to the City, show how they will meet the criteria applying to the current franchise. G. Transfer of Fronchise. 1. A proposed aissignmient or transfer of a frainichise must be requested by the franchisee if the following occur, but shall not be limited to: a,. A sale, exchange or other transfer of fifty percent (50%) or more of franchisee's assets cledicated to service in, the City; b. A sale, exchange, or other transfer of fifty percent (50%) or more of the outstanding common stock of a franchisee; c. Any reorgainization, consolidation, merger, recapitailization, voting truest, pooling agreement, escrow arraingernent, 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 percent (50%) or more of the value or voting rights in the stock of the franchiisee; and cl. Any combiniation, of the foregoing that has the effect of a transfer or change of ownership and control. 2. The franchisee shall provide no less than ninety (90) clays` advance written notice to the City of any proposed transfer or assignment. Except as specifically authorized by the City, the franchisee shiaill not assign any of its rights or delegate or otherwise transfer any of its obligations to ainy 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 shaill constitute default and grounds for termination of the frainchise. 3. If a frainchisee requests the City's consent to transfer the franchise, the City shall act on, such, requuest within sixty (60) clays of the receipt of the franchisee's written request together with all information, as set forth, below, required for the Citys action, on the request. The City and franchisee may consent in writing to The Ashland Municipal Code is current through Ordinance 3259, passed April 15, 2025. Page 21 of 112 Chi. 9.50 Solid Waste Management Franchise Ordinance I Ashland Municipal Code Page 14 of 20 additional time for the City to review and approve the consent to transfer the franchise. The City shiaill not unreasonably refuse to consent to ain assignment of the franchise to a proposed assignee that has sufficient knowledge, experience, and financiail 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 aipplication to the City to consider a sale or other transfer of a franchise shaill include the following: a,. A nonrefundable application fee of $2,00,0.00, payable at the time of application, to the City in advance to defray the City's anticipated expenses and costs resulting from the frainchisee's reqluest; b. Financial statements audited or reviewed by a certified public accountaint of the proposed aissignee's operations for the three (3) immediately preceding operating years together with, ainy aidditionial evidence of fiinaincial ability to perform its franchise obligaitions; and c. A showing thiat the proposed assignee mieets all City criteria for the grant of a franchise as enumerated in this chapter. H. Establishment and Modification of Service Rates and Fees. Except as set forth herein, the City Council may review and set rates on an annual basis by Council resolution that considers the following goals: 1. Rates shaill be established to the greatest extent practicable on a cost -of -service baisis baised on the ordinance-establishied cost allocation, methodology. 2. Rates shaill be adjusted ainnually by Council resolution equal to the percentage chainge in, the January -to - January Consumer Price Index for Paicifiic Division (CPI - Pacific) but not to exceed the twelve percent (112%) operating margin cap. The City Manager or the City Manager's designee shall certify the CPI - Pacific rate in writing to frainchisee by March 1 of each year to initiate the rate resolution. 3. Rates shaill be adequate to provide an operating margin eqluail to ten percent (110%) of franchise -wide gross revenues; however, the City shaill not be required to change rates if the expected operating miargin in, the next future year falls between eight (8%) and twelve percent (112%) of gross revenues. The ten, percent (110%) target return on, gross revenues is considered sufficient to reflect the level of business risk assumed by the frainchisee, to allow investment in equipment, and to ensure quality collection service. Accordingly, the City shall have the authority to commission, audits, reviews, or ainailyses 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 shiaill conform to the most current Council resolution. Prior to implementation, the Council must aipprove 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 franchisee's control hiais occurred, and the chainge will have an adverse effect on, operating margins, Such that the next future year operating margins will be less than eight percent (8%), a material chainge will be deemed to have occurred. At that time, the City may undertake any type of review it finics 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 its wairrainted, persons reqluesting the review shall reimburse the City for reasonable costs incurred during the iinvestigation at the time the next payment of franchise fees is due. The Ashland Municipal Code is current through Ordinance 3259, passed April 15, 2025. Page 22 of 112 Chi. 9.50 Scilid Waste Management Franchise Ordinance I Ashland Municipal Code Page 15 of 20 Ifthe City believes that annateriaUchange has Occurred that will result innext future year operating margins failling Under eight percent (8%� or over twelve percent (112%), the City may undertake an, abbireviated rate review atits own expemse.(Ord.3192 § 88'amended, 11/17/2D20;Ond�.313Z§ 5,added'0,2/85/2819) 9.50.060 Franchise Reporting Requirements A. Informational Reports. Each franchisee shia||provide the City Manager ordesignee bvthe last day ofeach quarter for the previous quarter: 1. Aquarterly report listing the quantities ofsolid waste, yard vwasteand recyclable miatehabbvcuStornex classi�cation collected within the City cluring the previous calendar quarter, the Uocatiomstowhich these materials were delivered, the number of custorner accounts, and other information requested by the City KNanagerordesignee and mutually agreed upon with, franchisee. 2. A quarterly report listing the names and addresses of rnultifamily and commercial CUStOmers that received waiste evaluations during the reported quarter. 3. Asummary ofcommunication, rmarketngand educational outreach conducted bvfranchiseeduring the reported quarter. B. Quarterly Franchise Fee Reports. Framchisee shall cormpUeteand rcrmittmthe City aquarterly franchise fee report not later than the Uastday ofthe month immediately following the end ofthe quarter. Atthe time of payment ofthe quarterly franchise fees, the franchisee shall fi�|ewith the City Manager orthe City Managers designee a, verified statement of quarterly gross revenues for the period covered by the tendered fee. Such statements shaill be public records. Franchisee shiall maintain books and records disclosing the gross receipts derived from business conducted within the City, which, shall beopen, atreasonable times for audit bvthe City Manager or the City Manager's designee. Misrepresentation of gross revenue shiall be deemed materiail and a breach of the franchise contractand shall be cause to initiate the process toterminate the franchise. C. Annual Franchise Reports. Franchisees shall report revenues and expenses(aUUom/abUe and unallowable), in all, incorme statement forrmat,and provide a, variety of information about customer counts, service levels, disposal volumes, and recycling activities for aill custorner classifications and for all programis identified in the Administrative Operations Standards and Rules resolution adopted by Council. Franchiseesshia|| report totals for all operations necessary to aidequately verify compliance with the cost allocation methodology as defined in this chiaipter for expenses that share signif�cant operationail, management, and administrative expenises with the City of Ashland franchise. Resources allocated from regional or corporate offices oraffiliates shaU| bedistributed to appropriate expense line items, and shall ailso be disclosed in a schedule describing total allocations and their distribution, to individual expense line items. All aUUocationsfromn affiliated companies must be described and rmusz bceqma|toorless than, the fa,ir market value of sirnilair goods and services purchased from, a, nonaffiliated cornpany. The report will ailso 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 efficiency measures which each, franchisee proposes to take in the next year, a composite table showing the type and number of customer service cornplaints and a description of the m,ea,sures that the frainchisee has taken or is planning to The Ashland Municipal Code is current thro,ugh Ordinance 3259, passed April 15, 2025. Page 23 of 112 Chi. 9.50 Scilid Waste Management Franchise Ordinance I Ashland Municipal Code Page 16 of 20 take tocorrect the causcofcommonly reported oornobints,and such other information asrequested bvthe City Manager or the City Manager's designee. Tile report shall ailso describe and quantify cornmunication, outreach, and educational aictivities as described in the Administrative Operations Standards and Rules resolution. Franchisees may identify specific information submitted to tile City in the aninual report as confidential. Tile City shaU|treatanyinforrmatiommnarked~[omfidemtia|'^asSmch'andsha||motsubiect tile confidential information to public disclosure except as required by law. If the City receives a re�uest for disclosure of confidential information, the City Manager or the City Manager's designee shiaill notify the franchisee within a, rea,sonable time after receiving the req�uestsoastoallow the franchisee areasonable opportunity todefend againstthe requested disclosure through the appropriate |egaUprocess. (8rd.31192§87'amended, 111/17/2D2<%Ord. 31172§b'added'Q2/ Q5/2Q1g) 9.50.070 Franchise Responsibilities and Requirements A. Accossfov Inspections and Deliveiy of Notices. Franchisees shall make aUUcormpanypremises, facilities and records related totheir solid waste, recyclable rmateha|sand yard debris collection, services (induding,but not limited to: offices, storage areas, finaincial records, nonfinancial records, records pertaining to the origin of any solid waste collected bvthe franchisee, receipts for sale ordelivery ofcollected 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 Chapter 767) ava,ilable for inspection by the City Mainager or the City Manager's designee within twenty-four (24) hours of notice by registered mail. Such, inspections are only for purposes of enforcing this chapter and are restricted to normal business hours. During normal businiess hours, the franchisee shall rnalkeall company prcrmisesand facilities accessible toCity crmpUoyeesfor delivery ofany written notices. Collection vehicles mUst be accessible for inspection, cluring the normal operating hours for collection, in, additiomtonormal business hours. Where rcceptadesare stored inthe public right'of-wayorwhen the City isinspecting asituation where the franchisee isa||egcd|ycommingling recyclable materials oryard debris with, solid waste, tile need for twenty-four (24) hour notice does not aipply to inspection, of receptacles or vehicles. B. Indemnification, Bond, and Insurance. 1. A franchisee shall pay, save harmless and indcminifvthe City from any loss, damage, penalty orclaim, agaimszthe City on, accountoforinconnection with, any activity ofthe framchiseein, tile operation oftile franchisee'ssoUid waste collection business, including activity by any approved subcontractor providing solid waste management collections and services. |fsuch suit shall befiled against tile City either imdepenclent>yor jointly with the franchisee or its subcontractor to recover for any claim, or claimages, the franchisee upon notice to it by the City shall defend the City against the action, and in the event of a f�nail judgment being obtained againstthe City, either independently orjoint|ywith, tile franchiseeorits subcontractor, the franchiseevvi|| pay said judgment and all costs and hold the City harmless therefrorm. 2. A franchisee shall furnish, aperformance bond, in, aform approved bvthe City Attorney, bvanacceptable surety company in the amount of $25,000,.00, but may, in lieu of a bond, furnish, an, irrevocable letter of credit orassi masaxingsaccountordcpositimanyfedens||yinsurcdfinancia|imstitudoninthcarnomrtof $25'8QD.8Qonaform approved bythe City Attorney. Tile security shall guarantee faithful performance ofall The Ashland Municipal Code is current through Ordinance 3259, passed April 15, 2025. Page 24 of 112 Chi. 9.50 Solid Waste Management Franchise Ordinance I Ashland Municipal Code Page 17 of 20 the obligaitionis contained herein with the premium for such bond or cost Of such assignment to be paid by the frainchisee furnishing the bond, letter of credit or making the assignment. 3. A franchisee shall rnaintaini comirnercial general liability insuraince on an occurrence basis in such forms and with such companies as shaill be approved by the City Attorney, which will cover the franchisee's business operation, including each vehicle operated by it. The insurance coverage shaill include not less than, $2,000,,000.0,0 for one (11) person, nor less than $5,000,,000.00 for bodily injury clue to each occurrence, and not less than $2,000,,000.0,0 for damage to property due to each occurrence and coverage of at least $5,000,,000.00 in the aggregate per occurrence. All such insurance coverage shall provide a, thirty (30) day notice to the City Manager or the City Managers designee in the event of material alteration, or cancellation of any coverage afforded in, the policies prior to the date the rnaterial ailteration or cancellation shaill become effective. Copies of all policies reClUired hereunder shall be furnished to and filed with the City Manager or the City Manager's designee prior to the commencement of operations or the expiration of prior policies, ais the case may be. The franchisee shall furnish proof annually to the City Manager or the City Mlainaiger's designee that the insurance remains in effect. 4. 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 chapter or the franchisee for damages, either to the full amount of the bond, or otherwise. (Ord. 3192 § 88, arnencled, 11/17/2020; Ord. 3172 § 7, added, 02/05/2019) 9.50.080 Enforcement, Sulspenision, or Termination of Franchise A. 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. B. Enforcement of Standards. The City Manager or the City Manager's designee shall administer and enforce this chapter and pursue remedies for noncompliance ais laid out within this chapter. The City Manager or the City Manager's designee shall ailso administer and enforce any administrative operations standards and rules as adopted by the City Council. These standards and rules shall be enforceable with penalties allowed in AMC 1.08. Upon recommenclation, by the City Manager or the City Mainiager's designee, the City Council may declare a franchisee who fails to abide by the rules to be in default. C. Initiation ofEnforcement Actions. In addition to enforcement under state law, the City may prosecute any infraction as defined in this chapter 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. D. ,penalties for Infractions. Each franchise provision, including rules adopted hereunder, is subject to penalties as described in AMC 1.08, for each, day from, the initiail citation of the offense that the offense continues to violate the termis of this chiaipter or associated resolutions. The Ashland Municipal Code is current through Ordinance 3259, passed April 15, 2025. Page 25 of 112 Chi. 9.50 Solid Waste Management Franchise Ordinance I Ashland Municipal Code Page 18 of 20 E. Termination of Franchisefor Default. In addition to default for accrued penailties, upon recommendation by the City Manager orthe City M�anager'sdesignee, the City Council rmayterminate afranchisefor the franchise holder's default in performing any miaiterial terrn or condition of the franchise. An event of default also shall include, but not bclimited to, entry of a judgment against the franchise holder for material misrepresentation, or deceit cornmitted against the City or a customer, or entry of a, judgment of coniviction, (including coniviction, oil, a, plea, of no contest) againist the frainchise holder or any principail of same for a crime involving dishonesty. Notice toa franchisee ofdefault shall bedelivered tothe franchisee bvcertified mail requiring the franchisee toshow cause in a public hearing before the City Council at a place and time to be stated in the notice, but no earlier than fourteen (1') clays frornthe date the notice ismailed, why the franchise should not beterminated. Atthe hearing the franchisee shall dernonstrate the rneasures it has taken or comirnenced to cure the default. F. Service Interruption. 1. Except for the right to refuse service for nonpayment or if customer has attempted to improperly dispose ofhazarclousmmsteinviolation ofthe [ity's standards and rules asset forth in, this chapter, franchisees shall not interrupt service unless: a. Access, roads, streets and highways necessary for collection operations are unusable ormnisafeand there are no alternative routes. Franchisees shall resume service within twenty-fOUr (24) hours after access is restored. b. A force majeUre event occurs. 2. Upon the occurrence of a force majeure event that prevents or impairs a, franchisee's ability to perform any of its frainchise obligations, the franchisee shall: a. Provide irmnnediatenotice, either verbal orwritten, tothe City Manager orthe City Mainmger's designee of the nature of the event and extent and anticipated duration of franchisee's inability to perform anyobligation under this franchise. UfverbaUnotice is given, then, written notice must be delivered to the City within twenty-four (24) hours of such verbal notice; b. Commence immediately todevelop, imconnMimni cation and cooperation with the City, aninterim plain for the restoration Of full performance; and c Take aill such, other reasonable actions requested by the City to aissist the City in protecting the public health and safety and to restore service as soon as practicable. 3. Labor unrest, including, but not limited to, strike, work stoppage orslowdown, sick-out, picketing, or other concerted job action oomcluctedbvfranchisee crmpUoyeesordirected at the franchisee,isnot anevent of force majeure, and the franchisee shaill be obligated to continue to provide service notwithistainding the occurrence otany orall such events. G. [iA/'sR6ht to Perform Service. Except asprovided under subsection Fofthis section, in, 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 The Ashland Municipal Code is current through Ordinance 3259, passed April 15, 2025. Page 26 of 112 Chi. 9.50 Solid Waste Management Franchise Ordinance I Ashland Municipal Code Page 19 of 20 accumulate inthe City tosuch anextent that the City finds thmit such, accumulation endangers the public health, safcty, orwelfare, then the City shall have the right, but not the obligation, mpomtwenty-four (24)hours' prior written notice tothe franchisee'toperforrnorcausetobeperformnedcoUUectionserviceswvith, its own, orother personnel atthe franchisee's expense. This right shaill be in addition to and not in, lieu of any other remedy available tothe City. |fnecessary, the City may take ternporarypossession of, and afranchisee sha||peacefuUUy surrender, any or all of the frainichisee'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 eq�uipnmcntand land used toperform, such, temporary collection, services H. Dispute Resolution with Customers. Upon receipt of any notice of dispute from, a customer about any bill, charge, orservice, the franchisee shall thoroughly investigate the matter and prormotlyreport the results ofits investigation tothe customer. Except in, the event acmstomnerhas attempted toirmproperUvdispose ofhazardous waste inviolation, ofthe Oty's standards and rules, a franchisee shiaill not refuse service to any CUStOmer during a time of dispute. If the franchisee is not a,ble to resolve a clispute with the custorner, the CUStOmer may contaict the City Manager or the City M�ainaiger's designee who will aict as an, informal arbitrator in ain attempt to resolve the matter. Should the dispute remain unresolved, the franchisee or customer may then pursue the rnatter in any Court with jurisdiction. |. Dispute Resolution with City. During all disputes arising under the franchiise, the City and framchisce shall continue performance oftheir respective ob|igatiomsunder the framchiseUnless and until the franchisee is tcnmimatedfor default, inwhich case the franchisee's obligation topay afranchise fee based oncash, receipts generated from services provided under the franchise during said dispute shaill survive such term, i niati o ni. In addition to and without waiving ainy rights and remedies Under civil or cornmon law, in the event ofadispute undertheframchisc'thcpa/tiessha||rnutuaUUyagreetoarbitratiom.VVithinNfteen(15)daysaftcragreernentto arbitration has been reached, eachparty shia||submit the name ofits own, arbitrator, selected from, the American Arbitration Association, and the two (Z) arbitrators shall select athird arbitrator selected from, such, paneUvvithin fifteen (15) days, orincase ofadisagreement concerning the appointment ofthe third arbitrator, the third arbitrator shall be appointed from such panel by the presidingjudge for the Circuit Court of the State of Oregon for]acksonCounty. During such tirne that the arbitrators are being selected orappoimted'the parties shall continue to negotiate in, good faith to resolve their dispute in, a cooperative manner. The decision ofthe arbitratorsimthemnattersha||befi�naUandbindingonthcpa/tics,andanyjudgnmcntmpomtheavvardremdered pursuant tosuch arbitration, may bcentered inany Court havimgjurisclictionthereof. (8rd.3192§8Q'amended, 11/17/2D20;Ord. 317Z§O^added, 82/Q5/2Q1Q) The Ashland Muini�cipal Code is current through Ordinance 3259, passed April 15, 2025. Page 27 of 112 Chi. 9.50 So,l�id Waste Management Franchise Ordinance I Ashland Municipal Code Page 20 of 20 The Ashland Municipal Code is current thirouigh Ordinance 325,9, passed April 15,, 2025. Disclaimier: The City Recorder's office has the official version of the Ashland Municipal Code. Users should contaict The Ashland Municipal Code is current thro,ugh Ordinance 3259, passed April 15, 2025. > 0 0 a) CC cu 0 0 a) >1 < 0 0 E (D (D o 0 ry m a) co PR 76 _0 0 C: 4-0 M C- C: -E 0 -1 -se LL E (3) 4 CO >1 aE 0 0 :t-- C) 0 C/) >1 2 m 11 M E Cf) 0-E0 (1) U) 00 E tiI 0-0 to ui 0) cu CD 0 Co 0- E 0 0 L CP5M q) a) C) a) = ry Cl) m 2.- C13 0 Co > 0 Q_ i> U) >1 Rs-a5 Cf) -0 L- C: W >N 4-a :3 5, 0 o) L- Z " :3 (1) lt� (1) L- Z) (1) cc U� E (.5 -2 sz E -0 0 C13 c- -0 CU 0 > (D o E co W !:J- o -j cD c) -j o cc :E a) L- 0- > U) *= =1 0 0 0) 0- (n 0 0 -j cy) /� 0 C) 0 0 cu E r- 0 0 0) L- 4-- a) _0 0 a) 0 -0 -F 0 0) 0 0 a) cu a) c: U) CU L- of CL 0- L- Lr-- 0 CU U) 0 2 CU C) co a) 0 0 — cu E LO co N a) E 0 w ZE 0 C) CY) N 04 LD CY) LO a)) N m U) -0 m' 0 2 2 C- 0 LO V) (n a) C) LO (1) + o 0 (n C: c 0 0 0 0 C: U) (1) 0 0) 0 a) W N 0) co Of (1) 0 C.4 o 0 _0 CL a) a) a) > U) of of U) 0 >1 (D L- 3n W 0 L) m C: _0 U) a) L- C13 ca a) x 0 m CU (D w z 2 c: n ry, C- C) W 0 CL C) QL < 7C) 0 = 0 L) Q 0 E O -0 C3) Un :3 U= U) N U) IL. o cn 0- E 0 0) 0 X -E 0 0 C/) LO -0 C T— I eq. CD M 0 0 0 0 0 0 -0 0 ca E 0 0 ts.- 0 a) > 61'1- C\:Ii U=L, o z 0 0 LU 0 0 0 0 0 0 0 OHIO U (to w CL 'F CL U) cu 0 Cu C: 0 4- cu 0 _0 L 0 0 U) a- 0 co E 0 !E U) L- 0 0 U) cu C: — V— Rai cu (3) (a) 0 0 _0 C: cu U) U) U) L) cu 4- > (D cu IL 0 L6 'a (D yI O CL CL I -F5 U) 0 0- U) r,,w co C: 0 E2 0 U) U 0 co c co 0 a) C: x a) Q) 0co E 0 0 co Q) 0 (D 0 o c 0 m chO cc c 0 a) :3 c Cif C -0 m 0 F— 2 2 co oco- '0 cu m E 0 o co clq 0 -0 4 co 0 .— . 00 7 -2 0 U) a) co 0 _0 (n CU 0- m 0 -0 a) m Q) L- Z — Q) 0 L) 0) Lo N co r-) - 1 0 ,It rl-: CN 0 0 0 m ID 0) x 'E 0 n Ca c1r) x x x x Qc) CN _0 69} (D :5 LO CY) CII) co (C; IZ— CN U) (4 C: 0 E co 2�1 a) > 0 ry 0 0 0 0 r) Cti 0) a) cn =3 0 w ry U) m Walkable Design Standards (CFEC)Draft land Use Ordinance Community Development | Brandon Goldman, Director ofCommunity Development, Derek Severson, Planning Manager U TIME, ESTIMATE, 1 hour CATEGORY Staff Direction - provide direction to staff on the body's desired next steps. SUMMARY This study session provides an opportunity for the Council to review the draft waUkability design standards, which are required under the Climate Friendly &EquUmbe Communities (CFEC)rules. Unad�ditiomtoidentifying and re- zoning C|imoteFhendUyAreoe(CFAe)'theaeru|eemandotethcdcitieeadoptvva|kab|edeeignehandardetobe appfied citywide. The standards must be adopted no later than the completion of the City's upcoming update to the Transportation System Plan (TSP). POLICIES, PLANS & GOALS SUPPORTED Ashland Comprehensive Plan Po|i�cy10J09J02-1:Provide zoning that a|ows for amix ofland uses and traditional neighborhood development, which promotes walking and bicycling. Pol�cy 10.,09.02.4: Enhance the streetscape by code changes specifying placement of critical design elements such as, but not limited to, windows, doorways, signs and pUantingstrips. BACKGROUND AND ADDITIONAL INFORMATION Cascadia Partners has worked with the Department of Land Conservation & Development (DLCD) to create a which includes amodel code for cities toachieve compliance with the CFECrules (OAR 680'012-O330and OAR 680'012-O4Q5). CaeoadiaPartners has also been enUietedbythe City mfAehUand,through a grant from DLCD, to compUete a code audit of the Ashland Land Use Ordinance and recommend code changes necessary to comply with the walkable design standards requirement. Walkable design helps connect people and places and prioritizes the experience and safety of people on foot, bicycle, or using a mobifity device. Walkable design includes elements like how bufldings are oriented�; how easy itiefor people toaccess and walk across asite; how streets are laid out boensure direct and convenient routes; how pathways and tnsNe complement the street system; and how fociUitiee and amenities are provided to make it convenient touse transit. Walkable Design Standards complement designated byensuring all neighborhoods are safe and comfortable places towalk, bike, and use transit. Bydesignating C|imate-FhendUyAreas and updating regulations on the type of development that can occur in those neighborhoods, the City is taking a key step bo creating more walkable community. However, all neighborhoods across the city should bevvo|kabUe. The Climate Friendly and Equitable C[)mmmmnitiearules direct communities to immpUementthe Walkable Design Standards project to ensure new development across the city is more pedestrian -friendly. This project will bufld on Ashland's work to reduce poUlution and promote equitable housing and transportation choices. Ashland's current regulations promote walkable design, but improvements are needed. The zoning code sets the rules for how land can be used and developed in support of the long-term go�s of the community, and Ashland a�ready has many regulations in place that promote walkable, pedestrian-friend�ly development. Page sofs * preserve our historic Main Street. * Street design standards promote a connected network of healthy, livable, safe streets for everyone. * Land use regulations limit the total number of dirive-up businesses permitted and proMbit them downtown. Aepart ofthis project, the oone0amdteam has audited Ashland's exiefing land use regulations, and evaluated those changes needed to com�y w�h the new statewide rules based on gu�dance from the State's new Walkable Design Model� Code. Here are some key tNngs to know about the project: Ashland is required to make these changes to com�y w�h state rules under the Cl�mate-FriendUy & Equitable Communities (CFEC)rules. The project looks at regulabons in all zones citywide, except those areas with industrial or rural character. The code updates will address a range of issues, including buil6ng orientafion, building design, drive - up uses, and the treatment of garages. By ad�pting walkaNe design standards, Ashland wN be healthier, safer, and better connected. Caeoa6a'eteam presented their in�tia|audttothe P�anning Commission at aFebruary study session and iehere tonight topresent draft code language for Council consideration. Caecodiahas been conducting stakeholder outreach with the deveUoprnentcommunity smwell aawith advocacy groups. There will beastudy eeea�onbefore the PUanningCommission onMay 27"'. Based onton�ght'efeedback, the Caeca6aPartners team will craft a final package of adoption -ready code amendments that staff will bring back to the Planning Commiss�on andC�ty _ DISCUSSION QUESTIONS Some key pontstobeaware ofinthe recommended code changes include: w Applying more design standards bmmingih*-fammiky residences &dmph*xes w Reducing the visual prominence ofgarages inthe etreetscmpe w Limiting Driveway Widths w Requiring more windows and weather protection for commercial mmem Some areas where Council input would beparticu�arlyhe�pfa inton�ght'e6euuea�oninclude: w Residential Window Requirements — To what degree should windows be requ�red in the facades of residential buiUngm? w Garagie Treatment — Should garages be required to be setback from a b0ding fagade, even where a front porch iepnzOded? Should third and fourth garage entries have ad6tional setback requirements? w Treatment of Ground Floor Residential Entries — With the adoption of Cfimate Friendly Areas, and changes in the commercial downtown regu|atione, eing|e'ueereeidenUaU buildings inthe form of apartment buN6nQevv�thnoground floor commercial component ortownhomeeinCFAs only, are possible inthese oommerc�a| and employment zones. CF4 requirements incUudeoommercW-reody des�gn standard in commerc�al zones, shouUd these be expanded to address res�dential entrances, and should multi-famiUymea�denfia|deveUopmente in residential zones be req&edtoprovide individual entries from the street to ground Nomrun�ta? w Commercial Windows & Weather Protection — What transparency (i.e. window) percentage does the Council believe to be most appropriate for commercial facades? How much weather protection (i.e. awnings, recessed covered entries, etc.) does the CouncN befieve is appropriate for a commerc�al etreetacope? Page zcfs F, C of, ui ii C ifil S t 0",1 (1 Y, S C S S fil (I") I1`1�11 FISCAL IMPACTS The Department of Land Conservation and Development (DLCD) provided a technical assistance grant to fund the consultant work and DLCD is providing grant management for this project. Ashland's contribution is in the form of staff time to support the consultant work and subsequent code adoption efforts. SUGGESTED ACT'IONS, MOTIONS, AND/OR OPT'IONNS No action, beyond feedback on the proposed changes, is sought tonight. The consultant team has conducted meetings with stakeholders in the development and advocacy communities and will meet with the Planning Commission on May 2'7th. The input from these meetings will be incorporated into final ordinance form and brought back to Council for adoption this summer. REFERENCES & ATTACHMENTS 1. Atchl — Walkable Design Standards — Consultant PPT — 05192025 2. 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E 0 0 IF- 4.j C: C: 0 M 'o .0 c) 4-J C CL rI)4 Q; Ln 0 .c C Q 1-0 m ON -Pi 4-J 4 CU o a; ai Ln � m 0 M m a) M Ln M 0 Ull u 0 a) C: 7� .— ;--4 o c: m -0 4-4 Q) NO •L > > > 0 0 0 0, 1- M cr rCJ 4- Ln cL cL 10 4-- 1 Chi r- (D C cn 0 -0 0 o M 4- 0 w aj o > L- u E 0 u CD 0 u aj 0 0 4- W wM 1 0 0 m co 3: L- 0 n ...... . . . ... �, . . ..... ........ til-1-1, ct ct iiiffPllDlll,f011i� Ihuuu.uilhuuuu... rnurnmvi ini a, a� City of Ashland Climate Friendly and Equitable Communities ffOjNftAft May 1, 2025 Online Resources s Ih la ci n d W a I k, a Ib la e II I ..r1dards .r..................... ...... III https://www.oregon.gov/lcd/CL/Documents/CFECWalkaibleDesignStan dards.polf Page 64 of 112 Ashland Municipal Code CFEC Walkable Design Standards Amendments DRAFT May 1, 2025 18,.2.3.100 Drive -Up Use Where drive -up uses are allowed, they are subject to all of the following criteria. A. Drive -up uses are allowed only in the C-1 zone, and they are limited to the area east of a line drawn perpendicular to Ashland Street at the intersection of Ashland Street and Siskiyou Boulevard. The number of drive- up uses shall not exceed the 12 in existence on July 1, 1984. B. Drive -up uses are subject to the following standards: The average waiting time in line for each vehicle shall not exceed five minutes. Failure to maintain this average waiting time may be grounds for revocation of the approval. 2. All facilities providing drive -up service shall provide a waiting area to accommodate at least two customer vehicles outside of the queue immediately beyond the service window or provide other satisfactory methods to allow customers requiring excessive waiting time to receive service. 3. A means of egress for vehicular customers who wish to leave the waiting line shall be provided. 4. The grade of the stacking area to the drive -up shall either be flat or downhill to eliminate excessive fuel consumption and exhaust during the wait in line. 5. The drive -up shall be designed to provide as much natural ventilation as possible to eliminate the buildup of exhaust gases. 6. Sta:cking a 1 be provided to- enrbi-ma- t-ha,t public Aghts-of way tra acted Stacking lanes shall be designed so that they do not prevent access to Parkina spaces or block the public right-of-way. The minimum length of stacking lanes shall be 160 feet for a single stacking lane and 80 feet per lane when there is more than one stacking lane. A stackina lane is measured between the lane entrance and the service area. 7. All driveway entrances, including stacking lane entrances, shall be at least 50 feet from any street intersection. If a drive -through facility has frontage on two streets, the drive - through facilities shall receive access from the street with the lower classification. 8. Service areas and stacking lanes shall not be located between the building and a street lot line. 9. Drive -up uses shall provide at least one walk-up pedestrian service area. Examples of a walk-up service area include an indoor service area directly accessible from a public street or an outdoor walk-up service window. Walk-up service areas shall be accessible by customers arrivina on foot, using a mobility device, orb bicycle. Customers using walk-up service area shall have the same or better access to goods and services as customers using the drive -up service. If the walk-up service area is limited to an outdoor service window it shall meet the following standards: liffells Ashland Municipal Code DRAFT CFEC Walkable Design Standards Amendments May 1, 2025 lb. Service access for p destfians and bicycles shall be subject to Pedestrian and Access Circulation Standards in Chapter 18.4.3.090. c. The walk-up service area shall be connected to the street by, a walkway, or a pedestrian plaza. Plazas and pedestrian areas may be counted as floor area for the purposes of meeting the minimum FAR as provided in AMC 18.4.2040.C.Ia, 710. The sound level of communications systems shall not exceed 55 decibels at the property line and shall otherwise comply with the Ashland Municipal Code regarding sound levels. 911. Drive -up uses may be transferred to another location in accord with all requirements of this section. The number of drive -up window stalls shall not exceed one per location, even if the transferred use had greater than one stall. 912. A ministerial Drive -Up Transfer permit shall be obtained for the transfer of any drive -up uses when such transfer is not associated with a Site Design Review or Conditional Use Permit application in order to document transfer of the use. 4013. Drive -up uses discontinued without a Drive -Up Transfer permit shall be deemed to have expired after being unused for six months. Discontinuation of a drive -up use is considered to have occurred when the Staff Advisor documents the drive -up use as having ceased on site through a planning application review, or upon on -site verification. 4414. All components of a drive -up use shall be removed within 60 days of discontinuation of the use through abandonment, transfer, relocation, or redevelopment. C. Drive -up uses are prohibited in the Historic District Overlay except that the four existing nonconforming financial institution drive -up uses in operation in the Historic District Overlay as of August 7, 2012 may redevelop or relocate within the C-1 and C-1-D zones in the Historic District Overlay subject to the following additional requirements: 1. Relocation or redevelopment of a drive -up use within the C-1 or C-1-D zones in the Historic District Overlay shall be subject to Site Design Review in chapter 18.5.2 through a Type 11 procedure in section 18.5.1.060. 2. Relocated or redeveloped drive -up uses shall be placed on a secondary building elevation, and accessed for an alley or driveway. 3. Driveways serving relocated or redeveloped drive -up uses shall not enter from or exit to a higher order street frontage or through a primary building elevation. Driveways or queuing lanes shall not be placed between a building and the right-of-way other than an alley. 4. No demolition of or exterior change to a building considered to be a historic resource shall be permitted to accommodate the relocation or redevelopment of a drive -up use. 5. Regardless of the number of drive -up windows/lanes in use in the current location, with a relocation or remodel the number of windows/lanes shall be reduced to one. (Ord. 3229 § 3, amended, 12/19/2023) PAIne a Ashland Municipal Code CFEC Walkable Design Standards Amendments DRAFT May 1, 2025 iL--&JWL#J@#JNN=*M. vag3m., ras =11 yjam 10.,=#1?JM* A. The following standards apply to new single-family dwellings and duplexes constructed in the R-1, R- 1-3.5, R-2, and R-3 zones; the standards do not apply to dwellings in the WR or RR zones. B. Single-family dwellings and duplexes subject to this section shall utilize at least two of the following design features to provide visual relief along the front of the residence: Gables-, 3. Recessed entries; 4. Covered porch entries; 5. Cupolas; 6. Pillars or posts; 7. Bay window (min. 12" projection); 8. Eaves (min. 6" projection); 9. Off -sets in building face or roof (min. 16"). (Ord. 3199 § 11, amended, 06/15/2021) ............................................................... ............ I I I Px*.T#1114(0161(7_1M0 I I a 0 VUR:Ji entrance that meets the following standards. Any detached structure for which more than 50 nercent of its street-facina facade is separated from the street DroDertv line by a dwelling is exam p A from meeting these standards. The entrance shall be within 8 feet of the longest street -facing facade of the building., and 2. The entrance shall either face the street, be at an angle of up to 45 degrees from the street; or open onto a covered porch that shall be no less than six feet in depth and eight feet in width - deep enough to allow a person to stand while the door is opening and large enough to allow at least one person to sit facing the street. D. TransDarencv. A minimum of 15% of the around4evel wall area of anv wall that is within 30 feet of a street lot line between 2 and 8 feet above sidewalk grade must be transparent. For the purposes of this standard, "transparent" means meeting a visible transmittance index INTO of a least 0.60. This standard shall apply to both street frontages on corner lots. For an area to be considered transparent, the following standards must be met. 999�Mii 2. Transparent areas shall be calculated based on transparent areas only, excluding any framing, interior grids, mullions, or sashes. 3. Required windows must be clear glass and not mirrored, frosted, reflective, or treated in 01 no a Ashland Municipal Code CFEC Walkable Design Standards Amendments DRAFT May 1, 2025 such a way to block visibility into the building. E. Garages. The following standards apply to garages, carports, canopies, and other permanent and temporary structures used for parking or storing vehicles, including those parkinal and vehicle storage structures accessory to detached single-family dwellinals. The standards are intended to balance residents' desire for a convenient, safe, and private vehicle access to their homes with the public interest in maintaining safe and aesthetically pleasina streetscapes. The standards therefore promote pedestrian safety and visibillity, o Public ways, while addressing aesthetic concerns associated with street -facing garages. For the purpose of this subsection, a garage opening is considered to be facing a street where the opening is parallel to or within 45 dearees of the street right-of-way line. 1. Alloys and Shared Drives. Where a lot abuts a rear or side alloy, or a shared drivew including flag drives, the garage or carport openina(s) for that dwellina shall orient to the alley or shared drive, as applicable, and not a street. Garages frontina or accessed from the alley shall have a minimum rear yard setback of four feet 2. 'Garage Setback. Where no alloys are present, garages shall be located a minimum of 20 feet from the street lot line. A aaraae entrance shall not be closer to the street lot line than a fagade that encloses living area along the same street frontage, except the narage entrance may extend up to 6 feet in front of a facade that encloses living area if there is a covered front porch having dimensions of not less than 6 feet in depth and 8 feet in width and the -garavle entrance does not extend beyond the roof of the porch. 3. Width of Garage Opening. The maximum allowed width of a garage opening is 22 feet or 50% of the width of the street -facing farade, whichever is less. 4. 'Setback for Multiple Garage Openings. Where three or more contiguous garage entrances face the same street, the garage opening closet to a side Property line shall be recessed at least 2 feet behind the adiacent openina(s). Side -loaded garages are exempt from this standard. A. Purpose and Intent. For new multifamily residential developments, careful design considerations must be made to assure that the development is compatible with the surrounding neighborhood. For example, the use of earth tone colors and wood siding will blend a development into an area rather than causing contrast through the use of overwhelming colors and concrete block walls. Crime Prevention and Defensible Space. a. Parking Layout. Parking for residents should be located so that distances to dwellings are minimized. However, avoid designs where parking areas are immediately abutting dwelling units because there is little or no transition from public to private areas. Parking areas should be easily visible from adjacent areas and windows. F51111111611111111i Ashland Municipal Code DRAFT CFEC Walkable Design Standards Amendments May 1, 2025 N2111110111 EIIIT T T!I ! I I I IT111 I, ; I! mr!! easily surveyed by residents. c. Service and Laundry Areas. Service and laundry areas should be located so that they can be easily observed by others. Windows and lighting should be incorporated to assure surveillance opportunities. Mail boxes should not be located in dark alcoves out of sight. Barriers to police surveillance such as tall shrubs and fences should be avoided. d. Hardware. Reliance solely upon security hardware in lieu of other alternatives is discouraged. e. Lighting. Site development should utilize lighting prudently. More lighting does not necessarily mean better security. Lighting should be oriented so that areas vulnerable to crime are accented. f. Landscaping. Plant materials such as high shrubs should be placed so that surveillance of semi- public and semi -private areas is not blocked. Thorny shrubs will discourage crime activity. Low shrubs and canopy trees will allow surveillance, hence, reduce the potential for crime. B. Applicability. Except as otherwise required by an overlay zone or plan district, the following standards apply to residential development pursuant to section 18.5.2.020. See conceptual site plan of multifamily development in Figure 18.4.2.030. C. Building Orientation. Residential buildings that are subject to the provisions of this chapter shall conform to all of the following standards. Where the site is ad"acent to two or more streets, these standards shall be met on the frontage of the higher order street. If both streets have the same classification, the ap ficant may, choose on which street to meet the standard. See _lp also solar orientation standards in section 18.4.8.050. 1. Building Orientation to Street. Dwelling units shall have their primary orientation toward a street. Where residential buildings are located within 20 feet of a street, they sha444*av" primary ent . g toward the straat and connected to the right-of-way via an approved -walkway shall have at least one main entrance for each building that meets the following standards. a. The entrance shall be within 8 feet of the longest street -facing fagade of the building. b. The entrance shall either face the street; be at an angle of up to 45 degrees from the street; face a courtyard that abuts the street that shall be at least 15 feet in width; or open onto a covered porch that shall be at least 25 square feet in area. c. The entrance shall connect to the riaht of way via an approved walkway. 2. Limitation on Parking Between Primary Entrance and Street. Automobile circulation or off-street parking is not allowed between the building and the street. Parking areas shall be located behind buildings, or on one or both sides. Ashland Municipal Code CFEC Walkable Design Standards Amendments DRAFT May 1, 2025 3. Ground Floor Dwellings. The following standard applies to residential developments with ground floor dwelling units that are 10 feet or closer to a street lot line. The intent of the standard is to create inviting and interesting ground floors that activate the street while providing an adequate level of privacy, to the unit. Residential buildings subject to LTIM MOTIMPTOMON 1=0 EMMIMPT =71 Jill! m7M, a. A minimum of 50% of dwelling units on the ground floor abutting a street lot line shall have a main entrance that is either accessed from a public sidewalk that faces the street; faces a courtyard that abuts the street that shall be at least 15 feet in width; or opens onto a covered porch that shall be at least 25 square feet In area. b. Where a building is located on a corner lot, the standard above shall be met on the frontage of the higher order street. c. Main entrances providing direct access to dwelling units shall be set back a minimum of 5 feet and a maximum of 10 feet from the street lot line and provide at least two of the following within the setback to provide a transition from the public realm to the private realm: l r-TIMITrIV E TIM connects the approved walkway, to the right of way; ii. Landscaping that meets the Landscaping and Screen Standards in Chapter 18.4.4.030 not exceeding 36 inches in heiaht at full growth-, Hill. One small canopy tree between 1.5 and less than 6 inches in diameter per entrance, or iv. Individual private open space of at least 48 square feet designed so that a 4- foot by 6-foot dimension will fit entirely within it. 4. Transparency. The following standards apply to the wall area of the ground -level of an street-facina facades that are within 20 feet of a street lot line or a oedestfian ameniltv space. A minimum of 15% of the area of the ground -level, street -facing facade between 2 and 8 feet above sidewalk grade must be transparent. For the purposes of this standard, "transparent" means meeting a visible transmittance index (VTI) of a least 0.60. The following standards must be met for an area to be considered transparent: 1111111111111 I'll jlrii iiiiiiiiii 111 1111 Jill j[,I I b. Transparent areas shall be calculated based on transparent areas only, excluding any framing, interior grids, mullions, or sashes. c. Required windows must be clear allass and not mirrored. frosted. reflective. or treated in such a w to block visibility into the building L Windows into storage areas, mechanical and utiffily areas, andgarbage and rocyclina areas do not qualify. Windows into garages do quallif y. 9.70 M-Atelrelas Ashland Municipal Code DRAFT CFEC Walkable Design Standards Amendments May 1, 2025 D. Garages. The following standards apply to garages, carports, canopies, and other permanent and temporary structures used for parking or storing vehicles, including those parking and vehicle storage structures accessory to detached single-family dwellings. The standards are intended to balance residents' desire for a convenient, safe, and private vehicle access to their homes with the public interest in maintaining safe and aesthetically pleasing streetscapes. The standards therefore promote pedestrian safety and visibility of public ways, while addressing aesthetic concerns associated with street -facing garages. For the purpose of this subsection, a garage opening is considered to be facing a street where the opening is parallel to or within 45 degrees of the street right-of-way line. Alleys and Shared Drives. Where a lot abuts a rear or side alley, or a shared driveway, including flag drives, the garage or carport opening(s) for that dwelling shall orient to the alley or shared drive, as applicable, and not a street. Garages fronting and or accessed from the alley shall have a minimum rear and setback of four feet 2. Setback for Garage Opening Facing Street. The following standards do not apply to garages oriented to an alley. The- Miln*m­ satback for. go (or carport) opening facirq" a. The minimum setback for a aaraae or carport) opening facing a street is 20 feet. b. A garaae entrance shall not be closer to the street lot line than a faQade that encloses living area along the same street fronta-ge, except the garage entrance may extend up to 6 feet in front of a fagade that encloses living area if there is a covered front porch having dimensions of not less than six feet in depth and eight feet in width and the aaraae entrance does not extend beyond the roof of the porch 3. Width of Garage Openings. The combined width of garane openings facing the street must be less than 50% of the width of the street -facing building farade. This standard applies only to the street -facing facade on which the main entrance is located. E. Building Materials. Building materials and paint colors should be compatible with the surrounding area. Very bright primary or neon -type paint colors, which attract attention to the building or use, are unacceptable. F. Streetscape. One street tree chosen from the street tree list shall be placed for each 30 feet of frontage for that portion of the development fronting the street pursuant to subsection 18.4.4.030.E. G. Landscaping and Recycle/Refuse Disposal Areas. Landscaping and recycle/refuse disposal areas shall be provided pursuant to chapter 18.4.4. H. Open Space. Common and/or private open space is required to be provided pursuant to section 18.4.4.070. 7 of 18 Page 71 of 112 Ashland Municipal Code CFEC Walkable Design Standards Amendments DRAFT May 1, 2025 18,.4.2.40 Non -Residential Development I ... I B. Basic Site Review Standards. Except as otherwise required by an overlay zone or plan district, the following requirements apply to commercial, industrial,, non-residential and mixed -use development pursuant to section 18.5.2.020. See conceptual site plan of basic site review development in Figure 18.4.2.040.8.6. Orientation and Scale. a. Buildings shall have their primary orientation toward the street and not a parking area. Automobile circulation or off-street parking is not allowed between the building and the street. Parking areas shall be located behind buildings, or to one side. See Figure 18.4.2.040.8.1. b. A building fagade or multiple building facades shall occupy a large majority of a project's street frontage as illustrated in Figure 18.4.2.040.13.6, and avoid site design that incorporates extensive gaps between building frontages created through a combination of driveway aprons, parking areas, or vehicle aisles. This can be addressed by, but not limited to, positioning the wider side of the building rather than the narrow side of the building toward the street. In the case of a corner lot, this standard applies to both street frontages. Spaces between buildings shall consist of landscaping and hard durable surface materials to highlight pedestrian areas. c. Building entrances shall be oriented toward the street and shall be accessed from a public sidewalk. The entrance shall be designed to be clearly visible, functional, and shall be open to the public during all business hours. See Figure 18.4.2.040.13.11. d. Building entrances shall be located within 20 feet of the public right-of-way to which they are required to be oriented. Exceptions may be granted for topographic constraints, lot configuration, designs where a greater setback results in an improved access or for sites with multiple buildings, such as shopping centers, where other buildings meet this standard. e. Where a building is located on a corner lot, its entrance shall be oriented toward the higher order street or to the lot corner at the intersection of the streets. The building shall be located as close to the intersection corner as practicable. f. Public sidewalks shall be provided adjacent to a public street along the street frontage. g. The standards in subsections 18.4.2.040.B.I.a through df, above, maybe waived if the building is not accessed by pedestrians, such as warehouses and industrial buildings without attached offices, and automotive service stations. 2. Transparency. A minimum of 40% of the area of the ground -level, street -facing facade between 2 and 8 feet above sidewalk grade shall be transparent. For the purposes of this section, "transparent" means a minimum visible transmittance of at least 0.60. The followina standards must be met for an area to be considered transparent. Page 72 of 112 Ashland Municipal Code DRAFT CFEC Walkable Design Standards Amendments May 1, 2025 U-1711! I[ 111, 111:1 JL11 -F!JL!T?!TI .U1, 1 t I II! t 4 b. Transparent areas shall be calculated based on transparent areas only, excluding any framing, interior grids, mullions, or sashes. c. Required windows shall not be mirrored, frosted, reflective, or treated in such a way to block visibility into the building. d. Windows into storage areas, vehicle parking areas, mechanical and utifity_ areas, and garbage and recycling areas do not qualify. 3. Weather Protection. Weather protection, such as permanent awnings, canopies, overhangs, or architectural features providing protection from the rain or shade during periods of hot weather, shall be provided along 50% of the length of the around level facade that is within 5 feet of street, plaza, or other public or common open space. a. The weather protection shall project out at least 5 feet from the adjoining wall. b. Weather protection shall have a minimum clearance heiaht above the sidewalk or around surface of 8 feat and may encroach into the street right-ofsaway. c. Weather protection may be adjusted where necessary to accommodate street trees required in 18.4.4.030.E. 2-4. Streetscape. One street tree chosen from the street tree list shall be placed for each 30 feet of frontage for that portion of the development fronting the street pursuant to subsection 18.4.4.030.E. 3-5. Landscaping. a. Landscape areas at least ten feet in width shall buffer buildings adjacent to streets, except the buffer is not required in the Detail Site Review, Historic District, and Pedestrian Place overlays. b. Landscaping and recycle/refuse disposal areas shalll be provided pursuant to chapter 11&4.4. 4-6. Designated Creek Protection. Where a project is proposed adjacent to a designated creek protection area, the project shall incorporate the creek into the design while maintaining required setbacks and buffering, and complying with water quality protection standards. The developer shall plant native riparian plants in and adjacent to the creek protection zone. 5-7. Noise and Glare. Artificial lighting shall meet the requirements of section 18.4.4.050. Compliance with AMC 9.08.170.0 related to noise is required. 68. Expansion of Existing Sites and Buildings. For sites that do not conform to the standards of section 18.4 .2.040 (i.e., nonconforming developments), an equal percentage of the site must be made to comply with the standards of this section as the percentage of building expansion. For example, if a building area is expanded by 25 percent, then 25 percent of the site must be brought up to the standards required by this document. C. Detailed Site Review Standards. Development that is within the Detail Site Review overlay shall, in Page 73 of 112 Ashland Municipal Code DRAFT CFEC Walkable Design Standards Amendments May 1, 2025 addition to complying with the standards for Basic Site Review in subsection 18.4.2.040.8, above, conform to the following standards. See conceptual site plan of detail site review development in Figure 18.4.2.040.C.1 and maps of the Detail Site Review overlay in Figures 18.4.2.040.C.2 through 5. 1. Orientation and Scale. a. Developments shall have a minimum Floor Area Ratio (FAR) of 0.50. Where a site is one-half an acre or greater in size, the FAR requirement may be met through a phased development plan or a shadow plan that demonstrates how development may be intensified over time to meet the minimum FAR. See shadow plan example in Figure 18.4.2.040.C.I.a. Plazas and pedestrian areas shall count as floor area for the purposes of meeting the minimum FAR. Building frontages greater than 100 feet in length shall have offsets, jogs, or have other distinctive changes in the building fagade. open space shall cont-awn at least 20 pe-M-a-nt Of t_hQ_ %Af.all ar4Aa faniiAq thO 6#9 dils��w-mindewsy�*r-deor-ways-. AI%4adeew-visw-Jntoer-kmg areas, -&-t-eff can -be- exempted for this- ctandard if 06antad t�Q%Afard loading gr d. c. Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to entrances. 9-d. Infill or buildings,, adjacent to public sidewalks, in existing parking lots is encouraged and desirable. 2. Transparency. IT, Mnn, T. WIR UI = a FTre III ETIT. =U a m mI =77 i I E mAl • 0 .. • lb. Windows and/or alass within doors may be used to meet this standard. Transparent areas shall be calculated based on transparent areas only, excluding any framing, interior grids, mullions, or sashes. C. Required windows shall not be mirrored, frosted, reflective, or treated in such a way to block visibility into the building. I [1] 141 s Ashland Municipal Code CFEC Walkable Design Standards Amendments DRAFT May 1, 2025 d. Windows into storage areas, vehicle Parking areas, mechanical and utill areas, and aarbage and recycling areas do not quallif.V. 3. Weather Protection. Weather protection (e.g., permanent awnings, canopies, overhangs, or architectural features providing protection from the rain or shade during periods of hot weather), shall be provided along 50% of the lenath of the ground level facade that is within 5 feet of a street, plaza, or other public or common open space. a. The weather protection shall project out at least 5 feet from the adjoining wall. b. Weather protection shall have a minimum clearance height above the sidewalk or around surface of 8 feet, and may encroach into the street right-of-way. c. Weather protection may be adjusted where necessary to accommodate street trees required in 18.4.4.030.E. � 4. Streetscape. a. Hardscape (paving material) shall be utilized to designate "people" areas. Sample materials could be unit masonry, scored and colored concrete, grasscrete, or combinations of the above. b. A building shall be set back not more than five feet from a public sidewalk unless the area is used for pedestrian activities such as plazas or outside eating areas, or for a required public utility easement. This standard shall apply to both street frontages on corner lots. If more than one structure is proposed for a site, at least 65 percent of the aggregate building frontage shall be within five feet of the sidewalk. 3,, 5. Buffering and Screening. a. Landscape buffers and screening shall be located between incompatible uses on an adjacent lot. Those buffers can consist of either plant material or building materials and must be compatible with proposed buildings. b. Parking lots shall be buffered from the main street, cross streets, and screened from residentially zoned land. 4= 6. Building Materials. a. Buildings shall include changes in relief such as cornices,, bases, fenestration, and fluted masonry, for at least 15 percent of the exterior wall area. b. Bright or neon paint colors used extensively to attract attention to the building or use are prohibited. Buildings may not incorporate glass as a majority of the building skin. D. Additional Standards for Large Scale Projects. In the Detail Site Review overlay, developments that are greater than 10,000 square feet in gross floor area or contain more than 100 feet of building frontage shall, in addition to complying with the standards for Basic (subsection 18.4.2.040.13) and Detail (subsection 18.4.2.040.C) Site Review, above, conform to the following standards. See conceptual elevation of large scale development in Figure 18.4.2.040.D.1 and conceptual site plan of large scale development in Figure 18.4.2.040.D.2. 11 of 18 Page 75 of 112 Ashland Municipal Code DRAFT H 10 NO Vj U P. R rers r1rars 111110"To M.- CFEC Walkable Design Standards Amendments May 1, 2025 a Developments shall divide large building masses into heights and sizes that relate to human scale by incorporating changes in building masses or direction, sheltering roofs, a distinct pattern of divisions on surfaces, windows, trees, and small scale lighting. b. Outside of the Downtown Design Standards overlay, new buildings or expansions of existing buildings in the Detail Site Review overlay shall conform to the following standards: i. Buildings sharing a common wall or having walls touching at or above grade shall be considered as one building. ii. Buildings shall not exceed a building footprint area of 45,000 square feet as measured outside of the exterior walls and including all interior courtyards. For the purpose of this section an interior courtyard means a space bounded on three or more sides by walls but not a roof. iii. Buildings shall not exceed a gross floor area of 45,000 square feet, including all interior floor space, roof top parking, and outdoor retail and storage areas, with the following exception: Automobile parking areas located within the building footprint and in the basement shall not count toward the total gross floor area. For the purpose of this section, "basement" means any floor level below the first story in a building. "First story" shall have the same meaning as provided in the building code. iv. Buildings shall not exceed a combined contiguous building length of 300 feet. C. Inside the Downtown Design Standards overlay, new buildings or expansions of existing buildings shall not exceed a building footprint area of 45,,000 square feet or a gross floor area of 45,000 square feet, including roof top parking, with the following exception: Automobile parking areas located within the building footprint and in the basement shall not count toward the total gross floor area. For the purpose of this section, "basement" means any floor level below the first story in a building. "First story" shall have the same meaning as provided in the building code. 2. Detail Site Review Plaza Space Standards. a. One square foot of plaza space shall be required for every ten square feet of gross floor area, except for the fourth gross floor area. b. Within the C-1-D zone, or Downtown Design Standards overlay, no plaza space shall be required. C. A plaza space shall incorporate at least four of the following elements: Sifting Space — at least one sitting space for each 500 square feet shall be included in the plaza. Seating shall be a minimum of 16 inches in height and 30 inches in 12 of 18 Ashland Municipal Code CFECWalkable Design Standards Amendments DRAFT May 1, 2025 width. Ledge benches shall have aminimum depth of30inches. ii. A mixture of areas that provide both sunlight and shade. iii Protection from wind byscreens and buildings. iv. Trees — provided inproportion tothe space mtaminimum ofone tree per 5OU square feet, atleast two inches indiameter atbreast height. V. Water features mrpublic ad. vi. Outdoor eating areas or food vendors. 13of18 Page 77 of 112 Ashland Municipal Code CFEC Walkable Design Standards Amendments DRAFT May 1, 2025 18.4.3,.80 Vehicle Area Design I ... I A. Vehicular Access and Circulation. The intent of this subsection is to manage access to land uses and on -site circulation and maintain transportation system safety and operations. For transportation improvement requirements, refer to chapter 18.4.6, Public Facilities. 1. Applicability. This section applies to all public streets within the City and to all properties that abut these streets. The standards apply when developments are subject to a planning action (e.g., site design review,, conditional use permit, land partition, performance standards subdivision). 2. Site Circulation. New development shall be required to provide a circulation system that accommodates expected traffic on the site. All on -site circulation systems shall incorporate street -like features as described in subsection 18.4.3.080.B.4. Pedestrian connections on the site, including connections through large sites, and connections between sites and adjacent sidewalks must conform to the provisions of section 18.4.3.090. 3. Intersection and Driveway Separation. The distance from a street intersection to a driveway, or from a driveway to another driveway, shall meet the minimum spacing requirements for the street's classification in the Ashland Transportation System Plan (TSP) as illustrated in Figures 18.4.3.080.C.3.a and 18.4.3.080.C.3.b. a. In no case shall driveways be closer than 24 feet as measured from the bottom of the existing or proposed apron wings of the driveway approach. b. Partitions and subdivisions of property located in an R-2, R-3, C-11, E-11, CM, or M-1 zone shall meet the controlled access standards set forth below. If applicable, cross access easements shall be required so that access to all properties created by the land division can be made from one or more points. c. Street and driveway access points in an R-2, R-3, C-11, E-11, CM, or M-1 zone shall be limited to the following: i. Distance between driveways On boulevard streets: 100 feet On collector streets: 75 feet On neighborhood streets: 24 feet ii. Distance from intersections. On boulevard streets: 100 feet On collector streets: 50 feet On neighborhood streets: 35 feet d. Access Requirements for Multifamily Developments. All multifamily developments Ashland Municipal Code DRAFT CFEC Walkable Design Standards Amendments May 1, 2025 which will have automobile trip generation in excess of 250 vehicle trips per day shall provide at least two driveway access points to the development. Trip generation shall be determined by the methods established by the Institute of Transportation Engineers. 4. Shared Use of Driveways and Curb Cuts. a. Plans submitted for developments subject to a planning action shall indicate how driveway intersections with streets have been minimized through the use of shared driveways and all necessary access easements. Where necessary from traffic safety and access management purposes, the City may require joint access and/or shared driveways in the following situations: For shared parking areas. ii. For adjacent developments, where access onto an arterial is limited. iii. For multifamily developments, and developments on multiple lots. b. Developments subject to a planning action shall remove all curb cuts and driveway approaches not shown to be necessary for existing improvements or the proposed development. Curb cuts and approaches shall be replaced with standard curb, gutter, sidewalk, and planter/furnishings strip as appropriate. c. If the site is served by a shared access or alley, access for motor vehicles must be from the shared access or alley and not from the street frontage. 5. Alley Access. Where a property has alley access, vehicle access shall betaken from the alley and driveway approaches and curb cuts onto adjacent streets are not permitted. D. Driveways and Turn -Around Design. Driveways and turn-arounds providing access to parking areas shall conform to the following provisions: .14 "MM .. . ... . ..... 1. Driveway Width. The followina standards apply to the width of driveways. Driveway width shall be measured lenothwise along the property line, and such measurement shall not include the width of Wings connecting the to of the curb to the lowered curb or apron. a. Driveways directly servina a single -width parking stall or arage shall be a minimum of 9 feet and a maximum of 12 feet in width. c. For a double -width vehicle Parkina area that is shared by two detached units, the maximum driveway width shall be 12 feet. For a double -width vehicle parking are that is shared by two attached units,, driveways shall be shared using a taper with maximum driveway width of 14 feet. There must be a recorded easement guaranteeing reciprocal access and maintenance for all affected properties. 15 of 18 Ashland Municipal Code DRAFT CFEC Walkable Design Standards Amendments May 1, 2025 c. All other driveways serving parking areas with seven or fewer parking spaces shall be a minimum of 12 feet and a maximum of 24 feet in width. d. Parking areas of more than seven parking spaces shall be served by a driveway constructed to: facilitate the flow of traffic on or off the site, with due regard to podestrian and vehicle safety, be clearly and permanently marked and defined; provide adequate aisles or turn -around areas so that all vehicles may enter the street in a forward manner; and a driveway, Width as follows: feet in width. ii. A driveway configured for one-way vehicular circulation on site, which provides separated in-gress and egress access onto the public street, may be reduced to 15 feet in width upon demonstration that adequate fire apparatus access is provided. e. Driveways over 50 feet in length or serving a flag lot shall meet the width and design requirements of section 18.5.3.060. f. Accessory residential units are exempt from the requirements of this subsection. .MIMIN. w__ I Ur 0 77— PVT -rvrTr--rN A vs r 3. P illiltatG thAtIOWAI A-ft-ra-fUn- on or Gff4h$-S#6, with due regard to islasartirn, ratindarans tha street in -a 51IMM121i . m mITA&VIV: I m: '1 4-2. The width of driveways and curb cuts in the parkrow and sidewalk area shall be minimized. 5-3. For single-family lots and multifamily developments, the number of driveway approaches and curb cuts shall not exceed one approach/curb cut per street frontage. For large multifamily developments and other uses, the number of approaches and curb cuts shall be minimized where feasible to address traffic safety or operations concerns. 6-4.Vertical Clearances. Driveways, aisles, turn -around areas and ramps shall have a minimum vertical clearance of 13.5 feet for their entire length and width. Parking structures are exempt from this requirement. 7-5. Vision Clearance. No obstructions may be placed in the vision clearance area except as set Ashland Municipal Code CFEC Walkable Design Standards Amendments DRAFT May 1, 2025 forth in section 18.2.4.040. 8-6. Grades for new driveways in all zones shall not exceed 20 percent for any portion of the driveway. If required by the City, the developer or owner shall provide certification of driveway grade by a licensed land surveyor. 9-7.AIII driveways shall be installed pursuant to City standards prior to issuance of a certificate of occupancy for new construction. 40-8.Driveways for lots created or modified through a land division or property line adjustment, including those for flag lots, shall conform to the requirements of chapter 18.5.3, Land Divisions and Property Line Adjustments. A. Dedication of Public Use Areas. Where a proposed park, playground, trail, or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the City may require the dedication of this area to the City, or the designation of this area on the final plat for future dedication to the City, provided that the impact of the development on the City park system is roughly proportional to the dedication, conforms to the requirements of this ordinance, and is consistent with applicable parks and trails master plans. B. Prowects that meet the following thresholds will be reviewed to determine if transit facilities are required to be provided: 1. Projects on development sites Within 100 feet of an existing or planned transit stop o located on an existing or planned transit route. 2. Residential developments with more than 25 dwelling units. This includes any development application for any residential buildina type, including but not limited to, residential or mixed -use subdivisions and multifamily development C. AoDficable oroiects may be reauired to orovide additional transit facilities where substantial evidence of projected transit ridership or other transit impacts is presented by Rogue Vail Transit to conclude both that a nexus exists between the proposed development and public transit and that the dearee of impact provides reasonable justification. The City may require the developer to grant a public easement or dedicate a portion of the lot for transit facilities. liii�i�ii I IN 10 TM: i R' N1111"M1111T ". 1111�11 M.- include exisfina facilities that are in disrepair or in need of replacement. 17 of 18 Ashland Municipal Code CFEC Walkable Design Standards Amendments DRAFT May 1, 2025 18.6.1 Definitions Driveway. The area that provides vehicular access to a site from a street or the area that provides vehicular circulation on a site. Drive -Up Uses. Drive -up uses are defined as any establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods other than automobile fuel, or be entertained while remaining in their motor vehicles. The components of a drive -up use are regulated as part of such facility and include kiosks, canopies, or other structures; windows; stalls; and queuing lanes and associated driveways. Garage. A covered permanent structure designed to provide shelter for vehicles, and which is accessory to a dwelling. Carports are considered garages. Ground -Floor Dwelling Unit. A residential unit with the entrance, front or rear, that is within five feet of the finished grade. The distance to finished grade is measured vertically at a right angle from the doorsill to the finished grade. Main Entrance. A main entrance is the entrance to a building that is designed to facilitate ingress and egress for the hi hest volume of building users. Generally, each building has one main entrance, but if design features do not make it possible to determine which entrance is the main entrance, all entrances providing the same capacity, of ingress and egress shall be treated as main entrances. Walk -Up Service Area. An area, either internal or external to a building, that is directly accessible from a public street by customers arriving on foot, by bicycle, or using a mobility device. Walk-up service may be provided lby facility staff orb automatic teller machines and must offer the same or better access to goods and services to users as customers usina drive -up service. 1 Rine s C of, ui (IflC11 S t P",I), d Y, S C S S1 f!") 11 I Age� ,,,da I Third Quiarter FY2�5 Financial Ulpdate I Finance Mariane Berry, Finance Director TIME, ESTIMATE, 15 minutes CATEGORY Informational - this is to inform the body on a particular topic. No motion or direction needed. SUMMARY On a quarterly basis, the Finance Department presents the current quarter -end financial statements and provides a review of significant items. Finance will also provide departmental updates as well as an outlook for the remainder of the year. POLICIES, PLANS & GOALS SUPPORTED Administrative/Governance Goal "To ensure ongoing fiscal ability to provide desired) and required services at an acceptable level. BACKGROUND AND ADDITIONAL INFORMATION Staff will present the financial results for the nine -month period ending March 31, 2025, which is in the second year of the budget biennium. The March Financial Statements are provided, which include the Summary of Fundl Balances, the Statement of Revenue and Expenditure for each fuindl and city-wide, and the Summary of Cash & Investments. As we near the end of the year and the biennium, we closely review budgetary compliance and may need to do budget supplIementals or transfers to ensure the City is in conformity with budget law. We also provide any other updates within the Finance Department at this time. FISCAL IMPACTS N/A SUGGESTED ACT'IONNS, MOTIONS, AND/OR OPTIONS N/A REFERENCES & ATTACHMENTS 1 . Mar2'5 FY25 Financial Report Page 1 of I Page 83 of 112 Fund General Fund Parks General Fund Tourism Fund Housing Fund Community Block Grant Fund Reserve Fund Street Fund SDC Street Fund Airport Fund Capital Improvements Fund Parks Capital Improvements Fund SDC Parks Fund Debt Service Fund Water Fund SDC Water Fund Wastewater Fund SDC Wastewater Fund Storm Drain Fund SDC Storm Drain Fund Electric Fund Telecommunications Fund Insurance Services Fund Health Benefits Fund Equipment Fund Parks Equipment Fund Cemetery Trust Fund Total Fund Balances Restricted and Committed Funds Restricted Committed Unassigned Total Fund Balances City of Ashland Summary of Fund Balances Preliminary as of March 31, 2025 Balance Change From March 31.2024 FY 2024 $; 20,108,281 , $ 21,390,730 $ (1,382,449) 631,966 (631,966) 917,872 847,816 70,056 183,691 , 249,,824 (66,,133) 25,095 (1,647) 26,742 1,9,59,638' 1,866,496 93,142 3,905,680 , 3,283,711 621,969 2,418,034 366,615 2,051,418 423,653' 20,266 403,387 138,556' 1,487,978 (1,349,422) 3,311,958 3,361,,448 (49,,490) 462,060 ; 76,863 385,198 1,097„600' 1,110,367 (12,767) 19,283,169' 17,766,640 1,516,529 1,013,276'' 126,553 886,723 7,204,735 8,167,323 (962,588) 2,647,382' 69,549 2,577,834 2,135,821 2,062,596 73,226 47,222 24,971 22,251 9,140,888 ' 8,544,940 595,948 2,978,180' 3,103,819 (125,638) 2,190,978 1,532,095 658,883 0' 2,225,545 (2,225,545) 7,338,801 , 7,576,479 (237,678) 473,608 (473,608) 9894551 962,659 26,892 i 89,822,124 7 87,329,210 $ 2,492,914 $ 89,822,124 $ 87,329,210 $ 2,492,914 $ 17,160,976 $ 12,516,425 $ 4,644,551 24,949,972 20,516,967 4,433,005 47,711,175 54,295,818 $ 89,822,124 $ 87,329,210 $ 2,492,914 & NEW Mv65 FY15 P1,4iimiruary F11.11 1 %p.t M, Live Cuban Lirtiks 4f2V2026 Page 84 of 112 Fund General Fund City of Ashland Summary of Cash and Investments Preliminary as of March 31, 2025 Parks General Fund Tourism Fund Housing Fund Community Block Grant Fund Reserve Fund Street Fund SDC Street Fund Airport Fund Capital Improvements Fund Parks Capital Improvements Fund SDC Parks Fund Debt Service Fund Water Fund SDC Water Fund Wastewater Fund SDC Wastewater Fund Stormwater Fund SDC Stormwvater Fund Electric Fund Telecommunications Fund Insurance Services Fund Health Benefits Fund Equipment Fund Parks Equipment Fund Cemetery Truest Fund Manner of Investment General Banking Accounts Local Government Inv. Pooll City Investments Total Cash and Investments Balance Balance Change From March 31, 2025 March, 31, 2024 FY 2024 19,530,570 20,689,676 $ (1,159,106) - 583,485 (583,485) 923,405 1,040,4211 (1117,016) 203,328 24491,824 (46,497) 30,604 2, 512 28,091 1,959,636 1,866,494 93,1442 3,547,161 2,1168 3,544,9193 2,418,033 3,335,403 (9117,370) 430,095 103,093 327,002 270, 9'55, 1,1445,1137 (874,182) 3,381,147 3,438,1120 (56,9173) 462,060 397,4311 64,6330 931,536 945,472 (113,9136) 17,765,875 115,066,618 2,699,257 1,0113,276 9187,678 25,598 6,059,722 4,757,228 1,302,494 2,638,455 2,144,607 493,848 1,994,690 1,9138,987 55,704 47,222 24,814 22,408 7,054,855 6,746,727 308,128 2,5119,723 2,704,880 (185,157) 2,053,871 1,564,656 489,216 - 2,224,679 (2,224,6791) 7,333,520 7,596,1193 (262,673) 987,822 956,532 31,290 $ 83,557,563 $ 80,512,835 $ 3,044,728 $ 1,605,353 $ 3,9125,205 $ (2,3119,852) 52,725,740 54,778,864 (2,053,124) 29,226,471 21,808,767 7,4117,704 $ 83,557,563 $ 80,512,835 $ 3,044,728 9. 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In m cl� 0) m " cr a L. o E In co -6 via C,3 o CN Cl In In In In CO In U- cc CO) 05 O a) O 0 V) a) U- m to as 2 I'D U- ro a,3va a) (D > w 0 F� w uj LL LU 0 = M U-ETa U -6 U- -0 o ui uj :D O 00 N0) 46 SPEAKER REQUEST FORM Submit this form to the meeting Secretary prior to the discussion item. 1)You will be called forward when it is your turn to speak 2) State your name and speak clearly into the microphone 3) Limit your comments to the time allotted 4) Provide any written materials to the meeting Secretary 5) Speakers are solely responsible for the content of their statement Date: 1" " )T Name: (Please Print) jet6,, 14eaSe LAJQX .der' Ashland Resident: YES ❑ NO City: Agenda Topic/Item Number: Public Forum Topic (Non -agenda Item): w Please respect the order of proceedings and strictly follow the directions of the presiding officer. Behavior or actions which are loud or disruptive are disrespectful and offenders will be requested to leave. Disclaimer: By submitting this request to address the Public Body, I agree that I will refrain from the use of any obscene, vulgar, or profane language. I understand that if I do not follow procedure my speaking time may be terminated, and I may be requested to sit down or leave the building. Notice of Expulsion Warning of Consequences No person shall knowingly enter or romain in the sleeping area at any time in violation of an expulsion order as issued and served upon the person. Entering the sleeping area in violation of an expulsion order constitutes Criminal Trespass in the Second Degree (ORS 164.245), which is a class C misdemeanor and may result in your arrest. Appeal Process The person receiving this notice may appeal within 10 days in accordance with AMC 2.30 to have written notice rescinded or the period shortened. The appeal notice shall include a statement of the nature of the decision being appealed and a short and plain narrative statement, including the reason the original decision is alleged to be incorrect. The written appeal should be delivered to: City Recorder, 20 East Main Street, Ashland, Oregon, 97520. The Hearing Officer shall uphold the expulsion if, upc,-, ,d6 novu revie-w, the preponderance of tfm evidence convinces the Hearing Officer that, more likely than not, the pet sun in fact committed i0 e crime or violation, and that the expulsion is otherwise in accordance with law. Unless the basis for the expulsion involves a safety concern, if an appeal of the expulsion is timely filed under AMC 2.30, the effectiveness of the expulsion shall be stayed, pending the outcome of the appeal. If the expulsion is affirmed, the expulsion shall be effective immediately upon issuance of the written decision and then shall commence and run for the specified number of days thereafter. Expulsion Periods Any peace officer or city code compliance officer may expel any person who violates any applicable provision of law in the Dusk to Dawn Sleeping Area for a period of up to 30 days but not to exceed six months. -A S f-i 1 ci� t �1' p ASHLAND POLICE DEPT. Tel: 541.482-5211 1155 E. Main St Fax 541-488-5351 Ashland, OR 97520 TTY 800-735-2900 www.ashland.or.us Notice of Expulsion The following person: (Case Numoer) -A&AMAtift (Last First Middle (Vale of ei ) (ION/State) (Sex) (Race) (Height) (Weight) �'— 9 ) (Hair) (Eyes) Has been expelled from the Dusk to Dawn Overnight Sleeping Area The issuer is alleging that the person violated: 6d Oversized Sleeping Space ❑ Property Left Behind ❑ Unaccompanied Children ❑ Unattended or Aggressive Pet ❑ Fail to Remove Pet Waste ❑ Personal Behavior ❑ Cooking/Campfires ❑ Illegal Drug Use/Recreational Drug Use/Alcohol Use ❑ Other(s) 6/ ' i_ .* 1 (Gate and loc n of Violadon) The person is expelled from sleeping area between: V' ` until 11:59pm on •z (Date of issu nee) (Date of expire n) Issued bv: (Tide and name ofjcwa� who is a pe i r, par cial, or city wde compliance officer) (Signature of Ksuer r s r See reverse f--- Qi consequences and appeal process —A S !-t i - �� D, ASHLAND POLICE DEPT. Tel 541-481-5211 1155 E. Man St. Fax. 541-488-5351 Ashland. OR 97520 TTY 800-735-2900 www.ashland.or.us ".POFaori:e�04.200)u Rules for the Dusk to Dawn Sleeping Lawn Updated April, 2025 Everyone experiencing being unhoused is encouraged to contact resources to assist in stabilization. Some of these resources are listed below. Campsites set on private property, including railroad property, will be considered trespassing and campsites may be ordered immediately removed. Enforcement may be handled via a trespassing misdemeanor charge. Campsites set up on public property, regardless of for how long, at which unlawful activity is occurring, will be ordered immediately removed. Campsites set up on public property for more than five (5) days will be posted with a 72 hour vacate/removal order. Individuals that have previously been issued a 72 hour removal from a specific location cannot return to that location and re -set the 72 hour clock to vacate. Overnight campsites are permitted on the city - owned lawn located behind 1175 East Main Street. These campsites are authorized between 7:00 PM and 7:30 AM. The rules are established for this area must be followed or campers may be asked to vacate and may not be permitted to return. Those rules are printed below. Resources: Options for Helping Residents of Ashland (OHRA): 2350 Ashland Street, Ashland OR. (541) 631-2235 Addictions Recovery Center: 1025 East Main Street, Medford, OR. (541) 779-1282 Maslow Project: 500 Monroe Street, Medford, OR. (541) 608-6868 Jackson County Mental Health: 140 South Holly Street, Medford, OR. (541) 774-8201 Due to sanitation concerns and delays in emergency response of police vehicles encountering groups of individuals and/or stored property in the area of the Dusk to Dawn camping area, the rules for utilization of the Dusk to Dawn overnight camping area have been updated. Persons found not following these rules are subject to immediate expulsion. • Failure to remove personal belongings by 7:30 AM constitutes a breach of the rules and expulsion from the Dusk to Dawn sleeping location. • Additionally, property must be removed from adjacent City property, to include the parking lot, the area between the Council Chambers and the Police Department, as well as the area surrounding the Grove building (map attached). Those in violation are subject to standard lawn expulsion rules. • An appeal for being expelled is to the Ashland Municipal Court, municourt@ashland.or.w, (541) 482-5214 • The City will provide a portable toilet, a clean-up station, pet waste bag stand, and trash waste receptacles at the Dusk to Dawn site. • Periodic police patrols will be conducted to support users and for the security of the site. • For non -emergency assistance, call (541) 770-4748 or use the call box near the main entrance of the police department. For emergencies, call 911. • Guests must vacate the site by 7:30 AM and may not return until 7:00 PM each day. • Sleeping space is limited to a 10 feet by 10 feet area allocation for each individual user or companion users of the site. • The use of tents or similar temporary overnight cover is allowed within a sleeping space allocation. • All camping gear and personal belongings must be contained in a sleeping space allocation and removed from the area by 7:30 AM each day. • Any remaining property is subject to the campsite rules set forth in 10.46.040 of City Municipal Code. Any camping gear and/or personal belongings of value left on site after 7:30 AM will be removed and stored. Campers will have 14 days to retrieve belongings. Any property that is not needed for essential needs (as defined in AMC 10.46.010), the City may hold, pending the 14 day appeal period. • Items determined to pose a health or safety risk to the users of this site are subject to immediate removal and/or disposal. • Children must be accompanied by a parent or guardian. Pets: • Pets are allowed on -site and must be under their owner's control at all times. • Pets cannot be left unattended. • If a pet is aggressive, to other guests or pets, the guest and their pet are subject to immediate removal. Additionally, aggressive pets face permanent expulsion, and it is the owner's discretion to decide whether to remain with the animal. • Pet owners are required to pick up after their pets and properly dispose of waste. • All dogs, six months of age or older must have received rabies vaccine according to Oregon Health Authority guidelines, 333- 019-0017. Upon request of law enforcement, the owner is required to provide proof of the rabies vaccine. Personal Behavior: • Guests must treat other guests and members of the public with kindness, dignity, and respect. Disrespectful, violent, disruptive, vulgar, or combative behaviors will not be tolerated, nor will racism or • Campers must respect the allowable space of each camper. • All guests must pick up after themselves and their pets and dispose of all refuse, including cigarette butts, in the appropriate receptacles provided. • Guests must adhere to noise curfew from 10:00 PM to 7:00 AM. • Guests must adhere to any posted speed limits and traffic rules while on the property. • Unauthorized and illegal behavior will not be tolerated and will result in expulsion. • Unlawful behavior or noncompliance with rules for this site is immediate grounds for removal and future exclusion from access and use of this site, including the following: o No visitors are allowed on this site, only overnight guests. o No unlawful weapons of any kind are allowed on this site. o No cooking, campfires, or open flames are allowed on this site. o No illegal drug use, or legal recreational drug use, including marijuana and/or alcohol use, is allowed on this site. The map on the following page illustrates where storage of belongings is not allowed. The red outline is the overnight lawn, where belongings must be removed by 7:30 AM daily. The yellow outline is where belongings may not be stored, once removed from the lawn. 9 bullying. 9L �� Ml1yFR0 . 2 `4 /61 MAPLE ST h OF m y �8 O� WIMER ST 44p 1 5� �1 6 18 a N 02 31 p3 v s� E MAIN ST Z - ^ u n U) (32, N It IOWA ST S 3/s IOWA ST 0 'F/Y 0s W y N OGn� S 6 z �T S W Z � ASHLAN[PST U) PARKS PROPERTIES scale: o 0.25 0.5 :1files 1. ASHLAND POND OPEN SPACE 22. GRANITE ST OPEN SPACE 2. MICHELLE AV WETLANDS PROPERTY 23. BURNSON OPEN SPACE 3. BMX PARK 24. LITHIA PARK 4. DOG PARK 25. COTTLE-PHILLIPS OPEN SPACE 5. GREENWAY EXTENSION OPEN SPACE 26. TERRACE PINES OPEN SPACE 6, KEENER PROPERTY 27. LIBERTY STREET OPEN SPACE 7. SCENIC PARK 28. ALICE IN WONDERLAND OPEN SPACE 8. ASHLAND CREEK PARK 29. GLENWOOD PARK 9. COMMUNITY SKATE PARK 30. TRIANGLE PARK 10. KESTREL PARK 31, RAILROAD PARK 11. RIVERWALK OPEN SPACE 32. GARFIELD PARK 12. LORD PROPERTY 33. EVERGREEN OPEN SPACE 13. NORTH MOUNTAIN PARK 34. HUNTER PARK 14. BRISCOE PARK 35. EAST MAIN STREET PROPERTY 15. BRISCOE GEOLOGY PARK 36. CLAY STREET WETLAND OPEN SPACE 16. BLUEBIRD PARK 37. CLAY STREET PARK 17. CALLE GUANAJUATO 38. SHERWOOD PARK 18. HALD STRAWBERRY OPEN SPACE 39. GARDEN WAY PARK 19. WESTWOOD OPEN SPACE 40. CHITWOOD PROPERTY 20. ACID CASTLE OPEN SPACE 41. SISKIYOU MOUNTAIN PARK 21. LAWRENCE OPEN SPACE 42. OREDSON TODD WOODS OPEN SPAGE 43. OAK KNOLL GOLF COURSE ASHLAND ST a (� a Y 38 3 a a (��Q� 3-5 e kAUy ST p tr (~p g TT�� Y W U 0u 6 ZZ G� � J 0 �O I _ _. R F'C 2024 5/19/25, 1:57 PM Upcoming Dockets I Ashland, OR Record Search Upcoming Dockets SORT Date - Earliest to Latest Date Time Docket Courtroom Judge 5/20/2025 8:30am JUV - INITIAL APPEARANCE ASHLAND RYAN MULKINS 5/20/2025 9am ARRAIGNMENT ASHLAND RYAN MULKINS 5/20/2025 2pm PRE COURT CONFERENCE ASHLAND RYAN MULKINS 5/21/2025 8:30am JURY TRIAL ASHLAND 5/27/2025 9am ARRAIGNMENT ASHLAND 5/27/2025 1:30pm TRIAL COURT ASHLAND {�Qy� 6/3/2025 9am ARRAIGNMENT ASHLAND 6/10/2025 9am ARRAIGNMENT ASHLAND 6/10/2025 1:30pm TRIAL COURT ASHLAND 6/10/2025 1:30pm TRIAL BY AFFIDAVIT ASHLAND 6/17/2025 8:30am JUV - INITIAL APPEARANCE ASHLAND 6/17/2025 9am ARRAIGNMENT ASHLAND 6/17/2025 2pm PRE COURT CONFERENCE ASHLAND 6/24/2025 9am ARRAIGNMENT ASHLAND 6/24/2025 1:30pm TRIAL COURT ASHLAND 7/1/2025 9am ARRAIGNMENT ASHLAND 7/8/2025 9am ARRAIGNMENT ASHLAND 7/8/2025 1:30pm TRIAL COURT ASHLAND 7/15/2025 8:30am JUV - INITIAL APPEARANCE ASHLAND 7/15/2025 9am ARRAIGNMENT ASHLAND 7/15/2025 2pm PRE COURT CONFERENCE ASHLAND RYAN MULKINS RYAN MULKINS RYAN MULKINS RYAN MULKINS�`> > ' RYAN MULKINS RYAN MULKINS RYAN MULKINS< In Of C -�t>✓h RYAN MULKINS RYAN MULKINS ' i`Jk V\Ct RYAN MULKINS l� RYAN MULKINS RYAN MULKINS RYAN MULKINS RYAN MULKINS RYAN MULKINS RYAN MULKINS RYAN MULKINS RYAN MULKINS https://www.municipalrecordsearch.com/ASHLANDOR/Dockets 1 /2