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Home My WebLink AboutAgenda Packet - 2009-01-27 Special QF LAKE OSw,t C� CITY COUNCIL SPECIAL MEETING iiiiAll,,,,,, ME AGENDA Tuesday, January 27, 2009 c :7 6:00 p.m. oREGON Council Chambers 2009 City Council City Hall Jack Hoffman, Mayor 380 A Avenue Donna Jordan, Council President RogerHennagin Also published on the Internet at: ci.oswego.or.us Kristin Johnson Contact: Robyn Christie, City Recorder Mary Olson E-Mail: public affairs@ci.oswego.or.us Sally Moncrieff Phone: 503-675-3984 Bill Tierney The meeting location is accessible to persons with disabilities. To request accommodations, please contact Public Affairs at 503-635-0236, 48 hours before the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. STUDY SESSION 3.1 Intergovernmental Agreement with City of Portland Environmental Services for the Tryon Creek Restoration Project 1 3.2 Business Recycling Requirements Program 13 3.3 2009 Council Goals 4. ADJOURNMENT This meeting will be rebroadcast on channel 30: Friday, 7:00 p.m. Sunday, 7:00 a.m. Saturday, 3:00 p.m. Wednesday, 2:30 a.m. ,tD,tA.E0s --tc ariAr iii OF LAKE Ai OSWEGO COUNCIL REPORT c: Z7 _, „. oREGos TO: Jack D. Hoffman, Mayor Members of the City Council Alex D. McIntyre, City Manager FROM: Kim Gilmer, Parks & Recreation Director SUBJECT: Intergovernmental Agreement with City of Portland Bureau of Environmental Services for the Tryon Creek restoration project DATE: January 16, 2009 ACTION Staff wishes to provide the City Council with background regardingCity the of Portland's Tryon Creek Restoration Project, and to discuss elements of a proposed Intergovernmental Agreement (IGA) for this project prior to formal approval. INTRODUCTION/BACKGROUND The City of Lake Oswego purchased land north of Tryon Creek in 2002, which is now named "Tryon Cove Park". The original purchase was in conjunction with Metro and the City of Portland. The properties were subdivided according to the financial contribution by each agency and the City of Lake Oswego now retains 4.33 acres abutting Tryon Creek on the north and the Willamette River to the east (Attachment A). The City of Lake Oswego's purpose for acquiring the property was for natural area protection, riverfront access, and construction of a pedestrian bridge from Foothills Park. City staff initiated a planning process for the property in 2006 and identified picnicking, hand carry canoe/kayak launch site, and a trail connection from Foothills Park as priorities for the site. Previously, in 2002, Metro regional jurisdictions, including Lake Oswego, adopted the Regional Trail Plan which identified the Willamette River Trail from West Linn to Lake Oswego to Portland as a regional trail (Attachment B). Lake Oswego has constructed a majority of this trail with the exception of approximately 500-600 linear feet north of George Rogers Park and the crossing of Tryon Creek and extension towards Portland and/or Milwaukie. In 2006, as part of the park planning effort, a pedestrian bridge feasibility study was done to identify an appropriate and cost effective location for the pedestrian bridge across Tryon Creek. The feasibility study is required as a first step in obtaining grant funding for a future bridge project. 1 Council Report 01/16/09 Page 2 The City of Portland's Bureau of Environmental Services (BES) is in the process of developing a design for stream and habitat restoration in the lower reaches of Tryon Creek. The design includes approximately 0.7 acres of land on City of Lake Oswego property on the north bank of the creek in Tryon Cove Park (Attachment C). Before BES can continue with their design development, the City of Lake Oswego must give formal approval of the use of its property via an intergovernmental agreement (IGA) between the City of Lake Oswego and the City of Portland. DISCUSSION BES initiated its design efforts for the restoration project in summer 2006. City of Lake Oswego staff has participated with BES in the design process to ensure the restoration project meets City of Lake Oswego restoration objectives, and continues to allow the City to provide adequate recreational opportunities and river front access for the public, as well as construction of the pedestrian bridge and trail in the future. The restoration design includes grading back the northern bank of Tryon Creek by approximately 50'-60' feet and constructing fish habitat structures in the streambed and at the mouth of the river, followed by replanting with native plants on approximately 3.5 acres (Attachment D). Much of the grading and replanting will occur on City of Lake Oswego property. The restoration will greatly enhance fish habitat in Tryon Creek and meet habitat restoration goals for a number of local, state, and federal agencies including Metro, Oregon State Fish & Wildlife, US Fish & Wildlife, City of Portland Bureau of Environmental Services, and also addresses specific natural area priorities identified under Goal 5 in the City of Lake Oswego's Comprehensive Plan. During initial communications with BES it became apparent that the area proposed for grading would result in impacts to the use of City property by eliminating the area earmarked for the pedestrian bridge pier, as well as limiting access to an existing City storage facility and future beach access for canoe/kayak launching. These impacts have been mitigated by redesigning these areas to allow access to the storage facility, and not impede the City's future ability to construct a canoe/kayak access point or a pedestrian bridge. BES has confirmed the design alterations do not negatively impact the restoration project. However, the resulting restoration design does require a modification of the pedestrian bridge design resulting in an additional cost to the City when the bridge is actually constructed in the future. Three bridge alignments were analyzed in the 2006 bridge feasibility study. The preferred option, based on complexity of alignment, impacts to natural resources, and cost, was to cross near the mouth of Tryon Creek at a cost of $1,624,310 in 2009 dollars. This design assumes the bridge will consist of two spans, supported by a pier, to cross Tryon Creek. Our environmental expert indicates this design, as shown in the feasibility study, would most likely be approved by the permitting agencies. However, the BES project removes land earmarked for the bridge pier. As a result, the pier must be relocated 20' to the north in order to meet regulatory permitting requirements, which results in a longer bridge span. The cost increase from 2 Council Report 01/16/09 Page 3 this change in design is $153,384 in 2009 dollars. Attachment E illustrates the two most logical bridge options identified in the feasibility analysis and a synopsis of their construction costs. BES sent the City of Lake Oswego a letter requesting financial support for construction of the restoration project. Staff is suggesting that the City is providing significant support towards the project by committing to pay additional funds for the pedestrian bridge and for the use of City property. Therefore no additional financial support should be required. ALTERNATIVES & FISCAL IMPACT Staff has developed a list of items to include in the IGA as well as a series of questions needing City Council guidance (Attachment F). This information will be reviewed with the City Council at the January 27, 2009 work session. RECOMMENDATION No action is required at this time. A finalized intergovernmental agreement will be forwarded to the City Council at its February 17 meeting for consideration. ATTACHMENTS A. Tryon Cove Park Map B. Metro Regional Trail Map C. Restoration Project Area D. Restoration Design Elements E. Pedestrian Bridge Costs F. Questions needing City Council guidance Ise/4 l', er f Sustainabilityhas been considered as part of this recommendation. Reviewed by: Departr .erTHRirector ii? ,i' _.) i I/ A)cA,,,,,,i, -1, ,,,--, ,,,,— , 'City Att�� e y L a. Alex DIiiOp' City Ma 3 264 261 / ;i 136' 13 260 or44p Geographic hi/ nffJ rm+fitl SriI-U,,, i i , ��, ' '.„, / llopp, services a. l 0--- ��, fiver , LU,,,, Ipire ) 1 ' €4 .\ - ._ sea,41,4%ftw C) ilk N .V /385/ •••-44 ,.... ,, ,./ „: 49 • //,/, .„0 4., �+-�_? / l f . ?91 Q if 3 it.',, - ,, i ..././ .. /.: IS ''. 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I .........r-19"4. 55' VElage 54 • - ....:',.....",-.11., 't.,../". ..'. - VI ^...1,,1/0„siet ..Coineti._ ...,....usi„. I 1 ... oodTroutd.,,., -.... ... _4 . . . ‘ , Gresham, t.- •7 `*—..:•11-4; A I i _vr :_kY. Beaverton ^.-.....,. j 1. *-... • , , , I •• V... ' • i 4' . : 55• __. 5,21 ' '''' "7. — .' • --c Y'YYY m Y ,‘. % linmayitio i Hap• • i Vali a / i -REGIONAL LAND ni•ORMATIOM SYSTEM .1 L i ; _../ ':-..c* -- ... v. LEGEND : 1 ligard , 1 e-••••ei ' 1 1 -- la, . :14 !! Lake Oswego' , A. • %ff„.1 ,i „, .14., Iliginrii Trails —Eseeep '53 01 ' 4 .1 4 —Wurr ! ••• —Existing IntcrAiggloeul Dad i .12CSI i .. --Prop,Acti Inarr-Ittgional Tr.i --1 / :-kherwood‘ ; ; _.„.--unn / .......___, .. 'A . I WI A. l'"• :---_.----; 1 --:,A L... ...- '1 /.i.--RN T.sed Cercarrr Cs.srm ::- ior I A ,#......... ' .. .- ii. ..... ...... _. '. L Ot02231.1.:Ar:' LASin Gicerill BeAreliry I -NH-- - :- ..4..1 , d'....... City I I li • _..' ' . !.....ittiot„...... % ,....... s . 1 . 111111E.sissingPaZic Nits uad Open Spare . ......, N A I ''-'.... :- ':4111--''') ', , , , ; Iiiilsonwill4 F-''''."--' •••--1Z., 1 _ 0 6.5 1 .2 3 .1 5 i •••• -/.....,/)Of . al'. ...m -..-,,, 1 • '__41iLi. •,... • \ . it i f, j , • i • ..f • • wrowss...a..................V.-Ms''''''-.'"'-- i '.......... - -..... ...... 5 .......e ,..... .t be meri.m. \..., I I. ', . .C.-,.:__.__•....,..._...... ..^. I Attachment B ATTACHMENT C - BES, TRYON CREEK HABITAT RESTORATION PROJECT AREA (30% DESIGN) -... _r' i `,,. - -, , - --,. -•1.) / if( ~ '-- 's' -..." '' °' ' ' ;" N's / i I/ ."'L' e " t 11 li ' ' 14 -"'-=- ,A1 40, 1:- •-c....,.. , -......*: '-..., • 1 ....— - , ______I.,- 1,,....„_, ___ , ..,-„,.. 5- ..• • -• c 1 1 • .- • 1, 1 , \ i _ ' ;11 LECENC! ....11.1111a 1.11+4 '''''T*IL.4-N. , • 3 ....-._ 'AN , .1? r, 4r,cti. _ - . -- ---) I NI. 1,',,,i(' , ///, c3 . .. .,... i ,.„ I ,:,/ ,1,,', — :^.=•+— 7,41 L _me 0 ",...,„ -•....„....i1li)'1•)%1 1tANt,-s)t-'..e- i..lN,rm 1 - \...N 1 '1I• ,.,.i --- )t .., \- *1 11 -_-0.—.— ,_ I) ls _._ I 7 F o. I1 ; l 1 1 , I '.-- 1. c s ; 1 \ r' . I, a •-• ' ""''''''- \ '11at 4• oP'' r 1 l' ''''‘,.- \'', ....,,„:1, - S. 4---__yi ri ,.,---c,,,, ,... i .,-- It, ,.-.. ( --.. ... kI•is -.-'\ f: I .... ......-,...„. , i Nt...,_--.:A , .1 .-_ :,,,,,.. s.... .. - d.,-, -.‘ - ..---' / • -,e sr ; b% ..f.......„:„ . .... _ '. ''''4164' ,_,,_ _ r--' ,..„,,,11, 1 ' i N ..." 1 I ki'''. ip. 4,S, .". , _ „.. , , -_„. 2,... .. --", ,_ ... --- -." a • \ - 1111 frd; :1 . ' • -- - , .. L',c7 1--..-. • NA,. , •A -_ - I I , A ,,- - 4,0 '''f rho.;' t a 4%.-_, I PREL 1, r 'S...-' .me."...'.. . - - 1 I ' ,'104111,C ,11 I- 111, e-.-,+• J1 1111-1.—., *N..." --.1I ATTACHMENT D - Elements of Restoration Design r /--,,r---3,-----1-..,_, , _ . 1 L1/4 , iiiaii' . -,to,.,A17/1A , ,. . ,,,.. . i ,,, .i. 4„,,,,, ,,,,,,,,,, ,:,................„...„.N.,,,,-,,,,,,,,,,e., 1 \ ) ,,,__, _iii. 1, _:,'.,.',. . ) ,I 1 )1, (` I '-.‘4.4.17-1111k---qff'..."7:k ---.) 411111(I)Pno.441;11 I i)illiiiiiill'illlii?) [,' • iRN v�,• j '( II";141.1-:til ll'''''''°1 ? N: '1 �iIII. -. `, r 1 416 > � I , �' ti N".,:1,1,,., .Isis 1 V I 4._,41. ` ms I,,, r Y. y , ' A iII 1111(r- ' r L'.. 41(<,...\ilki ov ) I 47 -- oii ;$0') i 11 11' 11( 1 r \ itl, kr ,,„y If#iiIIIIrT, �y iN _+,--' L '' I I LI\C.,,,(\ t'' '' 1 1 1 IP �M y.+ , — �kt4 ��j 0 J ,,YY11,, I ��,'ti�4? � w ti �� 21L. Q.. i : \\:,,,,, „,,,i• EIX s' • . A, 4 1,1K+1/41 - / I ..--' 1. ti_4 -_ \I '\<\....„ .,401.__.' 1 \\\: ::I: , '''' r/::„, a • otrl ,.: \ ,: -- c.§ N., 41 11,7 ' ti Mi Ji J t.,\,,,,rit.14:-4)A 1 /rir Fri , ,,. ,� 4 8 Tryon Creek Pedestrian Bridge Estimated Project Costs - 2009 OBEC Engineers (1114109) Cost Increase Over 2006 original Options Length (ft) Width (ft) #of Spans Est. $isf Total Cost preferred design East Alignment (Confluence of Tryon Creek&Willamette River) 1 2006 Original Preferred Design 220 12 130'I90' $ 300 $ 1,624,310 2 2009 Recommended Design 220 12 150'170' $ 335 $ 1,777,694 $ 153,384 3 Single Span 220 12 220' $ 450 $ 2,281,670 $ 503,976 Middle Alignment (Foothills Park through Waste Water Treatment Plant) 1 Double Span 260 12 130'/130' $ 300 $ 2,715,760 $ 1,091,450 2 Double Span 260 12 1501110' $ 350 $ 2,974,720 $ 1,197,026 3 Single Span 260 12 260' $ 500 $ 3,751,600 $ 1,469,930 Notes: Total cost includes all design, engineering, &construction of bridge and pathway from Foothills Park to the bridge 1 of 2 ATTACHMENT E,page 2 ry ti y,.,. r� a " 5 r°J (-2, ± f ;.y-rd is :* : T ,, '$ k '�1`tin �! r �•y�, � fi 3 1 r�'.. •O ;. fl i {? •3-n�c, ,y.�aR�i'a '!fi �� ,"�„ r � �2. b �"«��C) R�f J�t�� '� ,�rw 'roaa. r..• w T„LJ ',-'{ �'4,,s- a w d>• ' ,y.-t - y ` l 6 : L� G C �,� �,�,1 r ',�,�.'_,,� �' A r y a Jed' r. �`"y1r ;R • '74,7Y � ,3 West Alignment " : 1 s I,t • � r a 1.r•YCf` East '- �/ ",� , 2, ;w ,, ,�,o r :�, rJ � Alignment ' ,; .; •.�y_ t x, r'' s fry rd ,../ "' w * r5 j` f it-mt I J •j s u j! f � '`4 p y � nTC7R11G. gh a " a s.,,, � ,-.,...AP ;r 6. $C`rxf ri ,t ',tic,' ` T � 4d,+ . ' f7 •: 1 '!� ,"lei �'• � � `r w / s 4 ,) k ,+ f i s YI 'j�� Y i 1 ''i a hWvt r1 '' �, rl4 7 �/r Co, 1 r' '., s di t,y,/ b ?� i ' S9 a at sat ,F a �': �-n } 'S h ! 4 I•,7 S f }'`} y s' 1 '" 1 .` jxi 4h't erYn icy ' , Jr.- 3 des t. _ +� V .�{ / ,��f ir ,yt Y 'Y 1 r"f,'Yl}`I C,[. �t !f�-` {Ji .+'° J r / 1 f i,• µyy 1 i 1 '; L" m 'Ss is , .t ..4 F .5,5 R�`tY l s � g 1 7 -Fir r a d J 1'1 *`z�! s .r^^'. ,` t . r / 1 10 ATTACHMENT F The following includes questions staff needs addressing before proceeding with developing an IGA with the City of Portland. Also included is a list of items that will be included in the IGA if the City Council approves. I. Primary Question: Does the City Council ►wish to allow BES to construct a restoration project on City owned property? II. If so, the following key points will be included in the IGA. • Allow BES to use approximately .7 acres of City of Lake Oswego property on the north shore of Tryon Creek for the restoration project. • Allow up to approximately 2.5 acres of City of Lake Oswego property in Tryon Cove Park for BES to use for mitigation planting. Types of plants and planting area will be approved of by the City. Mitigation planting is required by the permitting agencies for disruption of sensitive lands during construction of the restoration project. Planting includes native plants, shrubs and trees. • Provide BES with access easements across City property to the project area during design and construction. Storage site for equipment and materials will be mutually agreed upon, BES employees, project contractors and subcontractors will need access to the project site for design and construction activities, equipment, and materials storage. ® Allow BES to dispose of clean soils removed from the project site on City property in Tryon Cove Park. Site and total volume shall be approved by the City. BES is does not yet know what the total volume of soil will be until the project design is complete and construction is underway. The reason for this is the area to be graded may contain a larger amount of rock than expected, or may be environmentally contaminated, as examples. 1of2 11 • To involve the City of Lake Oswego in the design of the project to achieve the following: o To be aware of proposed activities on the site and potential effects to City property. o To allow for a future pedestrian bridge alignment through the project area, including a bridge pier abutment. Show alignment and pier placement on restoration project design drawings. o Maintain access to the upper and lower levels of the garage. • Provide the City of Lake Oswego an opportunity to review and comment on the restoration design at 30%, 60%, and 90% completion. • To require the City of Portland to provide the City of Lake Oswego with an easement across City of Portland property for a future pedestrian trail and bridge. * Provide BES with and access easement for post construction maintenance and monitoring of the project site through 2015. ® Be responsible for all costs associated with the project, including long term maintenance. • To maintain the site in a visually appealing manner and respond to maintenance problems in a prompt manner. Ill. Additional Question to Answer: Does the City want to be responsible for maintaining the restoration and mitigation sites after 2015? The current condition of Tryon Cove Park is open space. Some native habitat restoration is occurring on .9 acres of the site. The remaining area is meadow grass, small groves of trees, and hedgerows of rhododendron and roses. Current maintenance activities limited due to resource constraints and consist of periodic field mowing and hazard tree removal. BES has asked the City of Lake Oswego to be fully responsible for maintaining the site after 2015. This would involve removing invasive species, as they occur, over 3.2 acres. 2 of 2 12 0,,,TeEos 0 CITY OF LAKE OSWEGO COUNCIL REPORT TO: Jack D. Hoffman, Mayor Members of the City Council Alex D. McIntyre, City Manager FROM: Susan Millhauser, Sustainability Planner SUBJECT: Business Recycling Requirements Program DATE: January 15, 2009 ACTION This report is to provide the Council with background on Metro's Business Recycling Requirements program, and to gather Council input on the development and implementation of a Business Recycling Requirements ordinance for Lake Oswego businesses. INTRODUCTION/BACKGROUND Metro recently adopted the Business Recycling Requirements program that requires businesses to recycle paper and containers such as plastic bottles, aluminum, and glass. Since many businesses already recycle, this requirement simply formalizes such practices. For those businesses that do not currently recycle, the program asks that they recycle the same items residents already do at home. The City of Lake Oswego and Clackamas County currently work together to promote recycling in the business sector. Under this model, the City is responsible for ensuring that the franchised hauler, Allied Waste Services of Lake Oswego, provides recycling collection services to commercial customers, however the City has not required those customers to recycle. In partnership with Metro and the City, Clackamas County Recycle at Work specialists provide educational materials and technical assistance on recycling and waste prevention to Lake Oswego businesses. In 2008, Recycle at Work specialists visited approximately 250 businesses in Lake Oswego, and six businesses became Distinguished BRAG (Business Recycling Awards Group) members, including Shorenstein Properties, owners and managers of many buildings in the Kruse Way area. 13 Council Report 01/15/09 Page 2 Businesses generate almost half of the region's garbage and each year dispose of more than 100,000 tons of paper and containers that could otherwise be recycled. Over the past eight years, Metro and their local government partners have invested $3.5 million to encourage more business recycling by providing free technical assistance. While clear progress has been made as a result of these efforts, an estimated 14 percent of businesses recycle nothing or cardboard only. Diverting this material from the landfill for recycling would result in millions of dollars in net environmental benefits, including reductions in greenhouse gas emissions. Increased recycling also will support Oregon's paper mills. From 2003 to 2007, Metro and their local government partners explored options for increasing business recycling by convening public/private work groups and conducting stakeholder outreach. More than 1,000 people provided advice on approaches for increasing business recycling. In November 2007, after reviewing the costs and benefits of potential approaches and input from Metro's Policy Advisory Committee and the Metro Solid Waste Advisory Committee, the Metro Council developed a required business recycling program for formal consideration. Metro councilors and staff then met with local business associations and elected officials to explain the Business Recycling Requirements program and get feedback. Between February and August 2008, more than 300 business representatives and elected officials participated in these meetings (including the Lake Oswego City Council on April 1, 2008, and the Lake Oswego Chamber of Commerce Government Affairs Committee in February 2008). Overall, participants indicated that education and incentives are the best way to encourage businesses to recycle, but that requirements may be needed to make recycling a priority. Based on the regional input, the Metro Council adopted the Business Recycling Requirements program in September 2008. The program directs all local governments in the region to establish recycling requirements for businesses that include: • Preparing paper, cardboard, and containers (aluminum cans, plastic bottles, and glass) for recycling; ® Ensuring there are recycling containers for the collection of these materials; and ® Posting recycling information where materials are collected. DISCUSSION To comply with this program, the City must adopt a Business Recycling Requirements ordinance by February 27, 2009. The City will also need to determine if program compliance will be undertaken by the City, or by Clackamas County or Metro, through an intergovernmental agreement. For discussion purposes, Metro's model Business Recycling Requirement ordinance (Attachment 1) and Metro's draft administrative procedures (Attachment 2), are attached to this report. 14 Council Report 01/15/09 Page 3 In early January 2009, City staff met with Allied Waste Services of Lake Oswego, Clackamas County Recycle at Work, and the Lake Oswego Chamber of Commerce to discuss the Metro ordinance and its impact on commercial customers in Lake Oswego. The group also discussed outreach strategies and potential options for program implementation and compliance. The City's Sustainability Advisory Board will discuss the proposed Business Recycling Requirements program at their January 22 meeting. A draft Lake Oswego ordinance is in the process of being developed. The major components proposed by staff for this ordinance, based on regionally accepted guiding principles and Best Management Practices, include: • The requirement would apply to all commercial businesses in the City. Exemptions would only be allowed for those businesses that do not generate any recyclable materials. Businesses whose primary office is located in a residence would not be affected by this ordinance. • The compliance strategy for this program will be assistance driven. Recycle at Work and Allied Waste staff will work with businesses to help them implement waste reduction and recycling programs using on-site assistance and education materials crafted to the individual business' needs. • Proof of compliance will be based on verification that Best Management Practices—activities a business can engage in to improve its ability to recycle and compost materials and prevent the generation of waste—are in place and being used, rather than on quantitative measurement of business waste generation and recycling. Significant levels of recyclable materials remaining in the trash will trigger further assistance. To ensure program consistency across Clackamas County, seven (7) universal BMPs are being developed (included as Attachment 3). • g Rec clip goals are long term and businesses that are making a good faith effort Y but unable to reach goals immediately will not be penalized. • The compliance strategy employed by the City (or the County or Metro, as our agent) would be phased in over an 18-month period to allow businesses time to implement appropriate systems. • Enforcement and penalties will be used as a last resort and reserved for those few uncooperative businesses refusing to improve their waste prevention and recycling practices. Following is a tentative rollout approach and schedule for a City ordinance: • February 2009: Mailing to all commercial businesses in Lake Oswego including information on how to meet the Business Recycling Requirements (see Attachment 4 for an example) and notice of the February 17 City,Council hearing on the proposed ordinance. • February 17, 2009: City staff bring a proposed ordinance to Council for approval. 15 Council Report 01/15/0 9 Page 4 • February/March 2009: Coordinate with Recycle at Work and Allied Waste staff to develop a targeted business outreach strategy to identify businesses in need of recycling assistance. The current assistance model is based on responding to businesses who requested assistance with recycling or waste prevention. Requests for assistance came from phone calls and emails, as well as a result of staff cold call site visits. • March/April 2009: If ordinance is approved, a notice will be sent to all businesses (within 60 days of adoption as required by Metro). Information on how to meet the requirements with be included. • On-going: Recycle at Work staff (under agreement with the City) and Allied Waste staff will continue to work directly with businesses to assist them with gaining compliance. A year-end Recycle at Work report with results will be submitted to Metro starting in July 2009, and annually thereafter. ALTERNATIVES & FISCAL IMPACT City staff currently are in discussion with Recycle at Work staff regarding compliance and enforcement options. An assistance driven compliance strategy is the program's main thrust, with enforcement and penalties used as a last resort. Options that the Council may want to consider are outlined below: • Option 1 (County enforcement): Recycle at Work staff continue to provide outreach and technical assistance to businesses, including efforts to gain voluntary compliance. If Code enforcement is required, the County would conduct the enforcement process based on evidence provided by Recycle at Work staff, hauler, or other source. This option would require an Intergovernmental Agreement (IGA) between the City and the County, and the City would need to accept County policies and procedures for enforcement. This would also require the City to compensate the County for these services. • Option 2 (City enforcement): Recycle at Work staff continue to provide outreach and technical assistance to businesses, including efforts to gain voluntary compliance. If Code enforcement is required, the City would conduct the enforcement process based on evidence provided by Recycle at Work staff, hauler, or other source. It is not anticipated that the new requirements will create excess enforcement work as the bulk of the effort will occur in an attempt to gain compliance through Recycle at Work assistance. • Option 3 (Metro enforcement): Recycle at Work staff continue to provide outreach and technical assistance to businesses, including efforts to gain voluntary compliance. If Code enforcement is required, Metro would conduct the enforcement process. Recycle at Work staff would initiate enforcement action directly to Metro. This option would require an IGA with Metro. During the first budget year there will be no cost to local governments using Metro's services. Also, if Metro enforcement is chosen it will not impact the distribution of additional funds, noted below, attached to implementing this code. 16 Council Report 01/15/09 Page 5 It is expected that a portion of the additional $400,000 allocated by Metro toward the implementation of this program will be used by the County on the City's behalf toward business compliance assistance. No new funding needs are anticipated. RECOMMENDATION It is recommended that the Council direct staff to prepare a Business Recycling Requirements ordinance for Council review and approval, with direction regarding how the Council would like to handle enforcement. A final recommendation to Council will be made at the February 17 Council meeting. ATTACHMENTS 1. Metro's Model Business Recycling Requirement ordinance 2. Metro Draft Administrative Procedures (Administration of Metro Code Chapter 5.10, dated 01/13/09) 3. Guiding Principles and Best Management Practices (draft dated 12/11/08) 4. Sample Outreach Material Reviewed by: Sustainability has been considered as part of this recommendation. :. ,,/ ,,,,,„----/ ,„, ,..„,.—v.-- Department Director Finance Dirpc-tar s M i i ,,,,il E: City A ikYIliAlex P. Mc .' yre City Manager 17 Attachment C BUSINESS RECYCLING REQUIREMENT MODEL ORDINANCE Section 1. Intent The purpose of this ordinance is to comply with the Business Recycling Requirement set forth in Metro Code Chapter 5.10. A significant increase in business recycling will assist the Metro region in achieving waste reduction goals, conserving natural resources, and reducing greenhouse gas emissions. Section 2. Applicability This ordinance applies to all Businesses and Business Recycling Service Customers. A Business is any entity of one or more persons,corporate or otherwise,engaged in commercial,professional, charitable, political, industrial,educational,or other activity that is non-residential in nature, including public bodies. A Business Recycling Service Customer is a person who enters into a service agreement with a waste hauler or recycler for business recycling services. This ordinance does not apply to Businesses whose primary office is located in a residence. A residence is the place where a person lives. Section 3. Business Recycling Requirement Businesses shall source separate all recyclable paper,cardboard,glass and plastic bottles and jars,and aluminum and tin cans for reuse or recycling. Businesses and Business Recycling Service Customers shall ensure the provision of recycling containers for internal maintenance or work areas where recyclable materials may be collected, stored, or both. Businesses and Business Recycling Service Customers shall post accurate signs where recyclable materials are collected, stored, or both that identify the materials that the Business must source separate for reuse or recycling and that provide recycling instructions. Section 4. Exemption from Business Recycling Requirement A Business may seek exemption from the Business Recycling Requirement by providing access to a recycling specialist for a site visit and establishing.that it cannot comply with the Business Recycling Requirement. Section 5. Compliance with Business Recycling Requirement A Business or Business Recycling Service Customer that does not comply with the Business Recycling Requirement may receive a written notice of noncompliance. The notice of noncompliance shall describe the violation,provide the Business or Business Recycling Service Customer an opportunity to cure the violation within the time specified in the notice, and offer assistance with compliance. A Business or Business Recycling Service Customers that does not cure a violation within the time specified in the notice of noncompliance may receive a written citation. The citation shall provide an additional opportunity to cure the violation within the time specified in the citation and shall notify the Business or Business Recycling Service Customer that it may be subject to a fine. A Business or Business Recycling Service Customer that does not cure a violation within the time specified in the citation may be subject to a fine. Attachment 'I 19 Draft: 1/13/09 Administration of Metro Code Chapter 5.10 Contents Policy and Legal Authority Section 1 Business Recycling Requirement Section 2 Policy and Legal Authority General Business Recycling Requirement Business Notice of the Business Recycling Requirement Local Government Enforcement of the Business Recycling Requirement Metro Enforcement of the Business Recycling Requirement Funding Distribution Section 3 Reporting Requirements Section 4 Attachment 2 1 21 AP NO. 510 Section 1 Policy and Legal Authority 1.1 Policy and Legal Authority 1.1.1 Metro's solid waste planning and implementing authority is established under the Metro Charter, the Constitution of the State of Oregon, and ORS Chapters 268 and 459. 1.1.2 All solid waste administrative procedure shall be subject to the authority of all other applicable laws, regulations or requirements in addition to those contained in this administrative procedure and performance standard. 1.1.3 Administrative procedures are adopted, as necessary, to implement the provisions of Metro Code Chapter 5.10 Regional Solid Waste Management Plan. 1.1.4 The purpose of administrative procedures and performance standards adopted herein is intended to protect and preserve the health, safety and welfare of the Metro residents; to protect and preserve the local environment, to implement cooperatively with federal, state and local agencies the Regional Solid Waste Management Plan; to provide a coordinated solid waste management plan to benefit all citizens of the District; and to reduce the volume and toxicity of waste disposed through source reduction, reuse, recycling, and composting. 2 22 AP NO. 510 Section 2 Business Recycling Requirement 2.1 Policy and Legal Authority 2.1.1 These administrative procedures and performance standards are issued by the Chief Operating Officer pursuant to Metro Code 5.10.310. Under the Regional Solid Waste Management Plan 2008-2018, the Business Recycling Requirement is a required element. 2.2 Purpose 2.2.1 The Business Recycling Requirement provides an opportunity for businesses to work with local governments to provide recycling education, to create a consistent standard throughout the Metro region and to increase recycling, thereby assisting the Metro region in meeting recovery goals, conserving natural resources and reducing greenhouse gas emissions. 2.3 General 2.3.1 To implement the Business Recycling Requirement as set forth in Metro Code 5.10.310 and in these administrative procedures local governments shall: 2.3.1.1 By February 27, 2009, adopt the Metro model ordinance or demonstrate existing code complies with the Business Recycling Requirement. 2.3.1.2 By February 27, 2009, establish a local compliance program or enter into an intergovernmental agreement with Metro to perform the compliance function. 2.3.1.3 Apply for additional funding to support the implementation of the requirement if desired. 2.3.1.4 Report to Metro on information related to program adoption, implementation and performance as outlined in administrative procedures section 4.1. 2.4 Business Recycling Requirement 2.4.1 Metro Code Chapter 5.10.330 outlines the following as the Business Recycling Requirement performance standard: 3 23 2.4.1.1 Businesses shall source separate all recyclable paper, cardboard, glass and plastic bottles and jars, and aluminum and tin cans for reuse or recycling; 2.4.1.2 Businesses and business recycling service customers shall ensure the provision of recycling containers for internal maintenance or work areas where recyclable materials may be collected, stored, or both; and; 2.4.1.3 Businesses and business recycling service customers shall post accurate signs where recyclable materials are collected, stored, or both that identify the materials that the business must source separate for reuse or recycling and that provide recycling instructions. 2.4.1.4 Local governments shall establish a method for ensuring compliance with the Business Recycling Requirement. 2.4.1.5 A local government may exempt a business from some or all of the Business Recycling Requirement if: 2.4.1.5.1 The business provides access to the local government for a site visit; and, 2.4.1.5.2 The local government determines during the site visit that the business cannot comply with the Business Recycling Requirement. 2.5 Business Notice of the Business Recycling Requirement 2.5.1 Following ordinance adoption, local governments shall send notice to businesses that outlines the recycling requirements and how to receive assistance. 2.5 Local Government Enforcement of the Business Recycling Requirement 2.5.1 Local governments shall use enforcement authority to ensure business compliance with the Business Recycling Requirement. Local governments shall use education and technical assistance as the primary tools to achieve compliance. 2.6.2 The local government may use Best Management Practices to measure business compliance. The local government shall consider businesses that proactively demonstrate compliance by acknowledging these practices have been implemented in compliance with the Business Recycling Requirement. The business shall: 4 24 2.6.2.1 Establish regularly scheduled recycling collection that may be provided by the franchised garbage and recycling hauler, a private recycling service or self-haul. 2.6.2.2 Establish a two-container sort system: all materials may be mixed together, except for glass, which is to be collected separately. Materials for required recycling or reuse include: paper, cardboard, glass and plastic bottles and jars and metal cans. Collection of other recyclable materials is encouraged. 2.6.2.3 Locate internal recycling containers at least as conveniently as garbage containers as set forth in Metro Code 5.10.330. Businesses will generally provide for a recycling collection container at each employee work station and/or work area. 2.6.2.4 Correctly label all interior and exterior recycling containers and provide accurate signs and instructions that identify the materials the business must recycle as set forth in Metro Code 5.10.330. 2.6.2.E Provide training about waste prevention and recycling to new employees and tenants and educate all employees and tenants about recycling and waste prevention at least once annually. 2.6.2.6 Ensure that property management and janitorial/maintenance agreements enable businesses to meet waste prevention and recycling program goals. Businesses must ensure that maintenance agreements do not interfere with the ability of the generator to recycle all the required materials with adequate container sizes and service frequency to meet the recycling needs of that generator 2.6.3 The local government shall establish a method for ensuring business compliance with the Business Recycling Requirement in one of the following ways: 2.6.3.1 Adopt the compliance program as defined in the Business Recycling Requirement Model Ordinance. 2.6.3.2 Enter into an intergovernmental agreement with Metro to enforce the Business Recycling Requirement or contract with another local government to conduct enforcement. 2.6.3.3 Implement a locally-designed compliance method that follows one of the following models: 2.6.3.3.1 Compliance is determined from information provided by franchised haulers or other recycling service providers. The local government has a clear and complete process for: notifying businesses of non-compliance; providing 5 25 technical assistance to support compliance; and enforcing against continuing non-compliance. 2.6.3.3.2 Compliance is determined from local government inspection of businesses. The local government has a clear and complete process for: notifying businesses of non-compliance; providing technical assistance to support compliance; and enforcing against continuing non- compliance. 2.6.3.3.3 Compliance is determined from self-reporting by businesses, coupled with verification measures. The local government has a clear and complete process for: notifying businesses of non-compliance; providing technical assistance to support compliance; and enforcing against continuing non-compliance. 2.6.3.4 Design an alternative compliance method and seek approval by Metro. 2.7 Metro Enforcement of Business Recycling Requirement 2.7.1 Upon establishment of an intergovernmental agreement with a local government under Metro Code Section 5.10.320, Metro shall perform the local government function to ensure compliance of the Business Recycling Requirement. 2.7.2 Identification of Non-Compliant Businesses 2.7,2.1 Local governments will identify non-compliant businesses through recycling service reports, complaints or other means: 2.7,2.2 Local governments will offer assistance to the non-compliant businesses. 2.7.2.3 Businesses that remain non-compliant after local government attempts to assist them will be referred to Metro for enforcement action using a non-compliance verification form provided by Metro. 2.7.3 Metro Enforcement Steps 2.7.3.1 Metro will provide a written non-compliance advisory letter to the business within two weeks of the local government referral. The advisory letter will describe the Business Recycling Requirement, offer the business an opportunity to verify compliance within 30 days with the local government, and offer recycling assistance. 6 26 2.7.3.2 The local government will report back to Metro to indicate whether or not the violation has been corrected. If the business has not complied, Metro will issue a notice of violation with an opportunity to cure. The notice shall provide an additional opportunity to cure the violation within the time specified in the notice and shall notify the business that it may be subject to a fine. Local governments will provide assistance to businesses seeking an opportunity to cure and report back to Metro to indicate whether or not the violation has been corrected. 2.7.3.3 If the business does not comply with the notice of violation, Metro will provide a written notice of violation and assess a fine to the business within the time specified in the notice. The notice of assessment of fine shall include the information required by Metro Code Section 5.09.090. Metro shall serve the notice personally or by registered or certified mail. A business may contest an assessment by following the procedures set forth in Metro Code Section 5.09.130 and 5.09.150. Metro shall notify the local government of the assessment of fine. 7 27 AP NO. 510 Section 3 Funding Guidelines • 3.1 Funding Guidelines 3.1.1 Funding to support the implementation of the Business Recycling Requirement will be available to local governments upon adoption of the requirements by the Metro Council on September 18, 2008. It is Metro's intent to provide additional funding for the first four fiscal years of the Business Recycling Requirement, but funding after the first year will be determined by the Metro Council during the annual budget process. 3.1.2 Local governments may use funds for education, assistance, compliance, and enforcement efforts to implement the Business Recycling Requirement and expand the Recycle at Work program. Metro will review and approve the intended uses before distributing the funds. 3.1.3 Funding allocations will be based on the number of employees (according to the most recent state employment data) in the jurisdictions that adopt the ordinance. 3.1.4 Cities may elect to have funding distributed to their designated planning agency on their behalf. A designated planning agency is a county agency that is responsible for designing and implementing a waste reduction program, including Recycle at Work, on behalf of a city agency. 3.1.5 Recycle at Work intergovernmental agreements will be amended after local adoption of the requirements. To receive the additional funding, local governments must submit documentation of the ordinance, a revised Recycle at Work outreach plan, compliance program description and agree to reporting guidelines. 8 28 AP NO. 510 Section 3 Reporting Requirements 4.1 Reporting Requirements Local governments will provide the following documentation to Metro: 4.1.1 By March 15, 2009, a copy of the adopted ordinance or current code that is consistent with the performance standard as set forth in Metro Code Section 5.10.330. 4.1.2 By March 15, 2009, a written description of the local government compliance method consistent with Section 2.6 of these administrative procedures or signed intergovernmental agreement with Metro. 4.1.3 By March 15, 2009, a revised Recycle at Work Outreach Plan that incorporates: 1) description of how businesses will be notified of ordinance and 2) description of compliance approach. 4.1.4 Beginning in July 2009 and subsequent years, a year-end report with the results, including number of businesses notified and number of compliance actions. Designated planning agencies may report on behalf of their cooperative cities. 4.1.5 Metro will provide appropriate reporting forms. 9 29 Clackamas County Business Recycling Requirements Guiding Principles and Best Management Practices Draft December 11, 2008 Guiding Principles • The compliance strategy will be assistance driven, with the County and Franchisees supporting and encouraging businesses in how to succeed with waste prevention and recycling. Tools and resources will be provided so a business has all the information it needs to come into compliance. • Due to the number of businesses throughout the County, direct measurement of individual business waste generation and recycling is not feasible. The approach, instead, will rely on businesses implementing "Best Management Practices" (BMPs) that are expected to maximize recycling and waste prevention. • Compliance will be defined by success implementing BMPs. Significant levels of recyclable materials remaining in the trash will trigger further assistance and education. • Recycling goals are long term and businesses that are making a good faith effort but unable to reach goals immediately will not be penalized. • The compliance strategy will be phased-in over an 18-month period, giving businesses ample time to change their practices before they become subject to enforcement action. • Enforcement and penalties are the last resort and reserved for those few uncooperative businesses refusing to improve their waste prevention and recycling practices. Best Management Practices (BMPs) Following is a list of Best Management Practices (BMPs) — activities a business can engage in to improve its ability to recycle and compost materials and prevent the generation of waste. Every business within unincorporated and incorporated Clackamas County will be responsible for implementing the set of seven (7) universal BMPs: 1. Correctly label all interior and all exterior recycling and composting containers. 2. Establish, at minimum, a two-sort recycling collection service where glass is collected in a separate receptacle from all other recyclables. 3. Locate internal and external recycling containers at least as conveniently accessible as garbage containers. 4. Provide training about waste prevention and recycling to new employees and tenants and educate all employees and tenants about recycling and waste prevention at least once annually. 5. Ensure property management and janitorial/maintenance agreements enable businesses to meet waste prevention and recycling program goals. 6. Management to review and sign off on BMPs committed to at a business, and designate a person Clackamas County may contact for all recycling and waste prevention activities within the business. 7. Prevent total waste (including both trash and recycling) generated as measured by reducing weight, container sizes and/or frequency of collection. 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' e,,, w employees/ tenants v an re-educate a l- l .l - et--ma iipc l o y e e s i tenants atleastonce annually. Recycle at Work can provide educational materials and orientation Packets.A simple explanation of what you can recycle andhow you can reduce waste inthe workplace will get your business on theright track. 5. Implement at least one action to reduce the amount of waste generated at your business prevent'ngwastein the first Place will not only reduce the amount of garbage and_ecyclables generated,but may help lower operational costs. Thiscanb accomplished by reviewing purchasing PWrtes and operational procedures(such aspri tingdouble-s1ded copies)andby educating staff. Visitourweh site(wwv.clacknmas.usitransPortationIrecyding')for waste reductiontips. Call aRecycleat work specialist to set uPa freesiteevaluafton 32: wasteinfo( co.clackamas.0r•us 503_557.6363wv.clackamas.usi - t- h men t 4