HomeMy WebLinkAboutAgenda Item - 2025-03-04 - Number 11.1 - Ordinance 2956, Additional Recycling Collection Services License 11 .1
V
o� 0
E 0 COUNCIL REPORT
�
—
OREGO�
Subject: Ordinance 2956, Additional Recycling Collection Services License Program
Meeting Date: March 4, 2025 Staff Member: Amanda Watson, Sustainability
Program Manager
Report Date: February 21, 2025
Department: City Manager's Office
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑X Public Hearing ❑ Denial
❑X Ordinance ❑ None Forwarded
❑ Resolution ❑X Not Applicable
❑ Information Only Comments:
❑ Council Direction The Sustainability Advisory Board recommended the
❑ Consent Agenda City develop a license program for companies
providing collection of difficult-to-recycle materials.
Staff Recommendation: Conduct a public hearing on Ordinance 2956 establishing an
additional recycling collection services license.
Recommended Language for Motion: Move to tentatively approve Ordinance 2956 and
direct staff to return on March 18, 2025 with a final version of the ordinance.
Project/ Issue Relates To: Solid Waste Management Ordinance, Sustainability
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable
ISSUE BEFORE COUNCIL
Establishing a new license program for companies providing additional recycling collection
services in Lake Oswego.
Respect Trust. cam,.:
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Page 2
BACKGROUND
The City of Lake Oswego has an exclusive franchise agreement with Republic Services (dba
Allied Waste of Lake Oswego) for the curbside collection of solid waste and recyclable
materials. Reusable or "difficult-to-recycle" items are not currently covered by the franchise,
and the City has not yet authorized any business to collect and haul those materials as
recyclables from City residences.
In recent years, however, a for-profit company, Ridwell, began collecting and hauling for
recycling difficult-to-recycle and reusable materials from residential customers in violation of
the City's regulations. At the same time, Republic Services also began to offer an optional
service called Recycle+to residential customers in several cities and counties in the Portland
Metro region, and has told the City they are prepared to start offering the service in Lake
Oswego.
The City Council held a study session on July 30, 2024 to consider the question of whether
expanded recycling collection services should be offered within Lake Oswego, and if so, how
they should be regulated. The City Council indicated they would like to develop a license
program to regulate expanded recycling services in Lake Oswego and provide residents with
options to receive these services. The City Council also expressed interest in creating a "level
playing field" among companies providing these services through the license program. During a
second study session on January 21, 2025, the City Council provided feedback to staff on the
draft program, including directing staff to use a flat fee structure for the license application fee.
DISCUSSION
Ordinance 2956 creates a regulatory framework for the provision of additional recycling
collection services in Lake Oswego that supports a level playing field among companies while
minimizing administrative burdens on the City. Where possible, license program requirements
align with existing requirements for the City's business license program and solid waste
franchise.
Scope and Application Process
Ordinance 2956 requires any company providing additional recycling collection services in Lake
Oswego to obtain a license from the City. As with the City's business license, the additional
recycling collection service license would need to be renewed annually. Licensed companies
would be required to report bi-annually to the City on the types and amount of materials they
collect, where materials are processed for recycling or reuse, the number of Lake Oswego
customers served, and the number and type of vehicles used for collection services. This
information would be used to provide transparency for customers that collected materials are
recycled or reused as advertised and for the City to understand the impacts of these services on
city roads and traffic.
License Fee
Companies will be required to pay a fee to the City to obtain an initial license or renew an
existing license. The purpose of the license fee is to cover the costs of administering the license
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Page 3
program. At the January 21 study session, the City Council directed staff to use a flat application
fee, rather than a revenue-based fee, for the license and to set the fee at a level higher than the
staff proposal, which was $450 for an initial license application and $250 for a renewal.
Ordinance 2956 would update the City Master Fees and Charges schedule to set the annual
license fee at $500, for both initial and renewal applications. The amount is sufficient to cover
staff administrative costs and having the same fee for all types of applications streamlines the
application review process. Companies providing additional recycling collection services in Lake
Oswego would need to obtain both an Additional Recycling Collection Services license and a
business license from the City, so annual fees paid by licensed companies would range from
$600—950 (the business license fee varies based on the number of employees).
FISCAL IMPACT
The license program will be administered by existing staff. At this time staff currently expect
only two companies to apply for a license through the program once it is established, which
would generate $1000/year in application fees.
RECOMMENDATION
Staff recommends that the City Council direct staff to return on March 18, 2025 with a final
version of Ordinance 2956.
ATTACHMENTS
1. Draft Ordinance 2956, dated 2/25/2025
2. Exhibit A— Proposed Updates to Master Fees and Charges Schedule
Respect. Excellence. Trust. Service
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
ATTACHMENT 1
ORDINANCE 2956
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING LOC
CHAPTER 20 LICENSES, TO ESTABLISH AN ADDITIONAL RECYCLING COLLECTION SERVICES
LICENSE.
WHEREAS, LOC Chapter 20 was enacted in 1951 to provide uniform, standardized terms and
compensation for the city's issuance of licenses; and
WHEREAS, "additional recyclable materials" refers to materials not currently collected via the City's
solid waste franchise and not suitable for curbside commingled collection as part of the Uniform
Statewide Collection list;
WHEREAS, the City has identified a need for a licensing program to regulate the curbside collection
and transportation of"additional recyclable materials" in Lake Oswego;
WHEREAS, it is necessary to adopt and add various fees and charges related to the additional
recyclable materials licensing program;
The City of Lake Oswego ordains as follows:
Section 1. Chapter 20 the Lake Oswego Code is hereby amended by adding the text shown in
bold, double-underlined type as follows:
Article 20.XX
§20.XX.010 Definitions
ADDITIONAL RECYCLING COLLECTION SERVICE
The collection and transporting of certain source-separated materials for recycling or
reuse that are not identified as suitable for curbside commingled collection in the
Uniform Statewide Collection List (ORS 459A.914), and are not collected by the City's
solid waste franchisee through standard on-route service.
ADDITIONAL RECYCLABLE MATERIALS
Source-separated recyclable or reusable materials that are not identified in ORS
459A.914 (Uniform Statewide Collection List) as suitable for curbside commingled
collection and are not collected by the City's solid waste franchisee through standard
on-route service, as approved by the City Manager or designee.
SOURCE-SEPARATED
Recyclable material that is separated from solid waste by the person who last used the
recyclable material.
Ordinance 2956
Page 1 of 3
RECYCLABLE MATERIAL
Any material identified for recycling collection under ORS 459A.914 (Uniform Statewide
Collection List) or any other material or group of materials that can be collected and
sold for recycling at a net cost equal to or less than the cost of collection and disposal of
the same material.
REUSABLE MATERIAL
Any commodity that is returned into the economic stream for use in the same kind of
application as before without change in its identity.
§20.XX.020 Application Requirements
1. Application for the initial issue of a license to a business shall be made to the City at
least 30 days prior to the date the license is requested to be effective.
2. Applications should be submitted on forms provided by the City and include the name
and contact information of the applicant and the owner of the business to be licensed, a
list of the additional recyclable materials a company intends to collect from customers,
and other information that is necessary to evaluate the applicant's request and to
determine compliance with applicable Lake Oswego code requirements as determined
by the City Manager.
3. Application for renewal of a license shall be made to the City at least 30 days prior to
the license expiration date, and must include the most recent bi-annual report.
4. Applications shall be accompanied by any required fee.
§20.XX.030 Insurance Requirements
License holders must obtain and keep in effect during the term of their license insurance
against injury or damage to property.
§20.XX.040 Reporting
License holders must submit bi-annual reports to the City including the following information
on services provided in the previous six-month period:
a. List of the types of recyclable and reusable materials collected from customers
along with a list of any additional recyclable materials approved as part of the
initial application which the license holder no longer collects.
b. Total amount by weight of each type of material collected;
c. Name and location of the facility where each type of additional recyclable
material was processed and the method used (reuse or recycling);
d. Total number of Lake Oswego customers served;
e. Number and type of vehicles used for collection services in Lake Oswego.
§20.XX.050 Changes to Collection of Additional Recyclable Materials
1. If a license holder wishes to collect new additional recyclable materials beyond those
approved with their license application, the license holder must notify the City and
receive approval prior to collecting those new material(s).
Ordinance 2956
Page 2 of 3
2. If a license holder stops collecting any materials on their previously approved materials
list, this does not require prior City approval but should be detailed in the subsequent
bi-annual report to the City.
§20.XX.060 Fees
Fees for license applications shall be established and adjusted as necessary by City Council
resolution.
§20.XX.070 Violation
1. Civil Violation. Offenses committed in violation of provisions of this chapter constitute
civil violations. Except where otherwise provided, anyone convicted of a violation of any
provision of this chapter shall be subject to a fine not to exceed One Thousand Dollars
($1,000).
2. Enforcement Fee. A person who violates a provision of this article shall pay an
enforcement fee to the City in an amount as established by resolution of the City
Council.
Section 2. The revisions to fees and charges shown in Exhibit A are hereby adopted effective
March 18, 2025 and shall be incorporated into the City's Master Fees and Charges schedule.
Section 3. Severability. The provisions of this ordinance are severable. If any portion of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Enacted at the regular meeting of the City Council of the City of Lake Oswego held on the 18th
day of March, 2025.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Joseph M. Buck, Mayor
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Ellen Osoinach, City Attorney
Ordinance 2956
Page 3 of 3
EXHIBIT A
r,vA- E O J'
CITY OF LAKE OSWEGO
�REGO�
MASTER FEES AND CHARGES 2025
...
. .s
. .
. . .
... ...
. ,
.. ,.
. •,. •„.
, ..,.
•
. • , ,
, i ; ,
. ., ,,„,. ., .
, .
..
,,,,. \
, ... . . ..... \ -I
•
. -k ..r .:'''1.:.1.1. t it/ii, . ._•\ ..'.."':
�,, .:�� t ! , r +At 4"-*
--' lc . ;" , ..,,,.J'- .,;;;:i.44,,,v,
, , -4. ,. , 4,,p,,,-, .: ,t„,....., -41„,$.1.:..:-.-
N)//,,, ///' ,..-,:- ..., -,--
• _ .,. , ...,,,_ ,_ . _ .t., -....... ,
...... ... , ,
. . , 1..* ., ,,... ...„.
. ,,,„,,, ........,, ,,, „ , -..0...-. ,:,,.
." 44/4 �y �• - yy •� t,
..it ., :,''' ' .• • -• • - . ,_4- '
‘ :.-.•
41\ \
r, f 1� _ _- ` q L
F
,. 1- •. , i(cd/ -47_
fy,,.� J ,r '� r l it �✓/,.
ak
tom �"�s. r `T �� �Ile
I a l - .%i
v '?,,x1 3 ,,C,��r y �, „ r ,.,
Effective Januar • 2025 • ' : { ', ,'
Y
(unless otherwise no - - , N. .. ..„ A` .- + ' . i .,,
_ may, ', - 4
�• L4*l..: /
..r,. '4` . ,� J + 1 A,y I : ,",,'4.1, -,*,•'
Table of Contents
Section 1: General 5
Utility Rates: Water, Sewer,Stormwater, and Street 5
Business License, and Liquor License,and Additional Recycling Collection Services License 13
Dog License 14
Rights of Way Usage Fee 14
Franchise Fees 17
Public Records Fees 18
Miscellaneous Fees 19
Section 2: City Attorney's Office 20
Discovery Fees and City Code 20
Section 3: Fire Department 21
General Fees 21
Medical Services and Transport Fees 21
Emergency Services Rates 22
Fire and Life Safety Plan Reviews 22
Fire and Life Safety Inspections 22
Section 4: Library 23
General Fees 23
Section 5: Municipal Court 24
General Fees 24
Section 6: Parks& Recreation 25
Recreation Services and Activities 25
Lake Oswego Recreation &Aquatics Center(LORAC) 27
Lake Oswego Golf Course 30
Indoor Tennis Center 30
Athletic Field User Charges 30
Adult Community Center Fees 31
Swim Park 32
Water Sports Center 32
Park Reservation Fees 32
Miscellaneous Fees 34
Commercial Photography and Filming in City Parks 34
Page 2 2025 Master Fees and Charges
Section 1: General
Business License, and Liquor License, and Additional Recycling Collection Services
License
Business License
A business with anticipated or established gross revenue during a calendar year of no more than$1,000 and at
least 50%owned by a person under 19 years of age,are exempt from the following annual business license fees
(LOC 20.02.025 :
Business License Fees '
Non-Profits $ 0
Home-based Businesses/Short-Term Rental $ 100
1-25 Employees $200
26-50 Employees $350
50+Employees $450
1. Renewal Period:
Applications for new business licenses should be submitted at least 30 days before the business opens.
New business licenses are in effect for the full twelve months after the month of initial issuance.
They are renewed annually thereafter.
2. Appeal Fees:
Appeal of issue,denial,suspension,or revocation of license $200
3. Temporary Business License:
License shall be valid for no more than two successive weeks during a calendar year.They are non-
renewable with a minimum fee of$25 per week(or portion thereof)and a maximum fee of$50 per
two-week period. Applicants are restricted to two temporary licenses per year.
4. Business License Violation Fee $550
Liquor License
The Oregon Liquor Control Commission (OLCC)solicits the City's recommendation on applications for
new, renewed,or changed liquor licenses.The City will no longer charge a fee for this service.
Additional Recycling Collection Services License
Businesses providing Additional Recycling Collection Services will need to apply for an additional recycling
collection services license in addition to a business license.
Additional Recycling Collection Services Annual License Fee:$500
1. Application for the initial issue of a license to a business should be made to the City at least 30 days
prior to the date the license is requested to be effective.
2. Application for renewal of a license shall be made to the City at least 30 days prior to the license
expiration date.
7 Additional review fee applies to any application(initial or renewal)that requires additional review.
2025 Master Fees and Charges Page 13