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Home My WebLink About97-70 - Washington Street Waste Bin Service FeeRESOLUTION NO. 97m 70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF • NEWPORT BEACH ESTABLISHING A SOLID WASTE SERVICE FEE FOR THE USE OF THE WASHINGTON STREET WASTE BIN WHEREAS, the passage of Measure Q on November 5, 1996 resulted in the termination of the City's responsibility to collect and dispose of commercial solid waste; and WHEREAS, a bin for collection and disposal of commercial solid waste was established at the Washington Street and East Bay Avenue location over twenty (20) years ago to accommodate residents and businesses in the Balboa area with a central location for the collection and disposal of commercial solid waste; and WHEREAS, the Washington Street bin has been essential in assuring an alternative to placing numerous individual refuse cans in the public alleys, since storage space on commercial property is extremely limited. The necessity exists to continue to operate the centralized Washington Street bin for the use of residents and businesses as many properties were developed with insufficient area to place bins or cans for commercial solid waste collection or disposal; and WHEREAS, the operation of the Washington Street bin is best provided by the City to minimize health, safety and liability concerns; and •WHEREAS, the City operates the Washington Street bin by utilizing a private commercial refuse hauler to collect and dispose of the residential and commercial solid waste at the cost of $14,400.00 per year with at least 75% of the solid waste being generated by commercial entities; and WHEREAS, on July 28, 1997, the City Council adopted Ordinance 97 -27 which prohibits the commercial use of public refuse containers unless such use is authorized by Resolution of the City Council; and WHEREAS, the local business association and business property owners have requested that the City continue to operate the bin, and to authorize individual business properties to continue to use the bin; and WHEREAS, the City Council desires to continue to operate the bin and to provide a centralized location for commercial solid waste refuse collection and disposal, but only upon reimbursement to the City for the operating costs; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Newport Beach as follows: 1. Each of the businesses at the addresses listed on the attached Exhibit "A" shall pay to the City of Newport Beach a monthly fee, for the use of the • Washington Street bin. The fee shall be as established in Section 3 of this Resolution, but in no case exceed $40.00 per month per business. Payment of the monthly fee is required regardless of whether or not the bin is used by the business for solid waste commercial trash disposal or collection unless an exemption is requested. -1- CJ • Res 97 -70 2. Exemptions: Only those businesses that provide original written documented evidence of a contract with one of the franchised commercial trash haulers for a minimum term of one year of solid waste commercial trash collection or disposal services will be exempt from the payment of the fee. Any exemption shall be only for the period the contract is effective. All exemptions will be reviewed on an annual basis. 3. The monthly fee shall be set and calculated based on a fiscal year basis upon the current or revised cost for operations that result from a competitive bid process with a solid waste hauler. The fee shall be calculated in accordance with the following formula: Monthly fee = 75% of the annual hauling and disposal costs + by the number of businesses that voluntarily assume the monthly service fee or do not provide proof of an alternative contract for solid waste commercial collection and disposal services + by 12 months per year. The fee shall be billed as follows: On a bimonthly basis by the City Revenue Division as a part of the Municipal Services Statement (MSS) as a separate line item. For those businesses which do not receive a MSS, the City will bill separately on bimonthly basis. 4. Penalties: If the fees are not paid when due, then in addition to the fees, there shall be a late payment penalty in an amount equal to ten percent (10 %) of the fee that was not timely paid. If fees are not paid within thirty (30) days of the date due, a second late payment penalty shall be imposed in an amount equal to ten percent (10 %) of the fee shall be imposed in addition to the first late payment penalty. In addition, interest on all unpaid fees shall be charged at the rate of ten percent (10 %) per annum or the legal rate allowed, whichever, is less, from the date the fees were due and payable to the date actually paid. BE IT FURTHER RESOLVED, that the City Manager is authorized to sign all documents to carry out the provisions of this Resolution. ADOPTED this 25th day of August , 1997. ."' %ze-' MA R ATTEST: City Clerk EXHIBIT A: List of Balboa Businesses (66) -2- �J EXHIBIT A Balboa Business Locations (Without Confirmed Commercial Refuse Service) DOOLEY INDUSTRIES INC. BERNARD'S FINE JEWELRY JEWELRY MART GROUP TRAVEL SEARCH BALBOA PHARMACY KITES ETC. KAD INDUSTRIES TERESA'S FLOWERS MARTIN, MIKE BAL HARBOR LIQUOR WALLACE, FRED J. F & V BAR CLUB INC. CORPORATAE TECHNOLOGY CHI CHI'S POLO RESTAURANT •SOUTH SWELL SETTE MARI CRUISES BALBOA BIKES N BEACH STUFF BALBOA EYEWEAR SEAVIEW GARDEN RESTAURANT SIMPSON, GLADYS E SKIN WORKS TATTOO INC. PIZZA HUT - DELIVERY #705458 HANDMAIDEN, THE MITHRUSH SAVAGE, WILDE & COMPANY LTD FUCHS, MEL PAVILLION REAL BALBOA ANTIQUE COMPANY JUNGLE JUICES SURFSIDE SILVER LITTLE SHOP, THE BALBOA BEACH RENTALS 702 Balboa Blvd. 813 Balboa Blvd. E 701 Balboa Blvd. E 705 Balboa Blvd. E 716 Balboa Blvd. E 806 Balboa Blvd. E 613 Balboa Blvd. E 701 Balboa Blvd. E 716 Balboa Blvd. E 510 Balboa Blvd. E 813 Balboa Blvd. E 613 Balboa Blvd. E 509 Balboa Blvd. E 703 Balboa Blvd. E 702 Balboa Blvd. E 712 Balboa Blvd. E 705 Balboa Blvd. E 601 Balboa Blvd. E 710 Balboa Blvd. E 810 Balboa Blvd. E 313 Balboa Blvd. E 313 Balboa Blvd. E 500 Balboa Blvd. E 813 Balboa Blvd. E 707 Balboa Blvd. E 509 Balboa Blvd. E 700 Balboa Blvd. E 700 Balboa Blvd. E 613 Balboa Blvd. E 603 Balboa Blvd. E 701 Balboa Blvd. E 408 Balboa Blvd. E CLASS OF '47 209 Palm St. • U.S. POST OFFICE, BALBOA STATION 204 Main St. KLURE'S RENT A BIKE SHOP 207 Palm St. BALBOA HAIR & NAILS 313 Balboa Blvd. E Res 97 -70 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Newport Beach, CA 92661 Balboa Business Locations (Without Confirmed Commercial Refuse Service) • Res 97 -70 MAZZOTITS AT BALBOA 704 Balboa Blvd. E Newport Beach, CA 92661 RED'S HAIR AND NAIL SALON 607 Balboa Blvd. E Newport Beach, CA 92661 BALBOA SALOON 700 Bay Ave. Newport Beach, CA 92661 ALLON DESIGN GROUP INC. 813 Bay Ave. E Newport Beach, CA 92661 ROMATIC NOTIONS 711 Bay Ave. E Newport Beach, CA 92661 MADDY, KENT INCL 706 Bay Ave. E Newport Beach, CA 92661 SKIN CARE BY ROXANN 319 Cypress St. Newport Beach, CA 92661 KRYSTAL ANN 709 Edgewater Ave. Newport Beach, CA 92661 BALBOA BEACH TREATS 704 Edgewater Ave. E Newport Beach, CA 92661 PIZZA PETE'S 701 Edgewater Ave. E Newport Beach, CA 92661 FUN ZONE MARINA INC 600 Edgewater Ave. E Newport Beach, CA 92661 PLAYLAND 703 Edgewater Ave. E Newport Beach, CA 92661 SUN N FUN 707 Edgewater Ave. E Newport Beach, CA 92661 ODDS AND ENDS 703 Edgewater Ave. E Newport Beach, CA 92661 FUN ZONE BOAT COMPANY 700 Edgewater Ave. E Newport Beach, CA 92661 WILLIAMS 31 Ima Loa Ct. Newport Beach, CA 92661 •CJ WORLD WIDE FLAGS 300 Main St. Newport Beach, CA 92661 BLUE SAILS 304 Main St. Newport Beach, CA 92661 NOUVELLE ARMOIRE 306 Main St. Newport Beach, CA 92661 SUN N FUN 307 Main St. Newport Beach, CA 92661 BALBOA BAKERY 301 Main St. Newport Beach, CA 92661 YOUNG & RESTLESS 302 Main St. Newport Beach, CA 92661 BALBOA TOYS 305 Main St. Newport Beach, CA 92661 BAUBLES BANGLES & ART 303 Main St. Newport Beach, CA 92661 ALBATROSS WEST 104 Main St. Newport Beach, CA 92661 BRITTA'S CAFE 205 Main St. Newport Beach, CA 92661 BALBOA PALM 209 Palm St. Newport Beach, CA 92661 OPASO BALBOA THAI CAFE 209 Palm St. Newport Beach, CA 92661 SALT WATER TAFFY 100 Palm St. Newport Beach, CA 92661 CRAB TRAP 103 Palm St. Newport Beach, CA 92661 • E • • STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 97 -70, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 25th day of August, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, and Mayor Debay Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of August, 1997. (Seal) City Clerk of the City of Newport Beach, California