HomeMy WebLinkAbout11 - Solid Waste, Recyclable and Organic Service Fee for the Use of the Washington Street BinsQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
July 13, 2021
Agenda Item No. 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Micah Martin, Deputy Public Works Director,
mmartin@newportbeachca.gov
PHONE: 949-644-3059
TITLE: Rescind Resolution No. 97-70 and Approve Resolution No. 2021-65
for Solid Waste, Recyclable and Organic Service Fee for the Use of
the Washington Street Bins
ABSTRACT -
In 1978, the City of Newport Beach (City) established a refuse bin enclosure for
commercial solid waste at Washington Street and East Bay Avenue to accommodate
businesses and mixed-use properties in the Balboa Village area that are unable to acquire
standard trash collection due to on-site space constraints. On August 25, 1997, the City
Council adopted Resolution No. 97-70 which established a fee for the use of the
Washington Street bins by eligible businesses for disposing of commercial solid waste.
Since this original adoption, many of the business establishments that originally
participated in the program are no longer in existence and new businesses have taken
their places.
Staff recommends rescinding Resolution No. 97-70 and adopting Resolution No. 2021-
65, identifying the specific private property addresses eligible to utilize the Washington
Street bins, listing participants' properties by address, and establishing a fee to be paid
by the property owner, rather than listing users by business name.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Adopt Resolution No. 2021-65, A Resolution of the City Council of the City of Newport
Beach, California, Authorizing Certain Properties to Use Public Solid Waste,
Recyclable Material, or Divertible Material Bins/Containers in Accordance with Section
6.04.170 of the Newport Beach Municipal Code Subject to Paying for the Cost of
Service.
Rescind Resolution No. 97-70 and Approve Resolution No. 2021-65 for Solid Waste,
Recyclable and Organic Service Fee for the Use of the Washington Street Bins
July 13, 2021
Page 2
DISCUSSION:
A refuse bin enclosure for the collection and disposal of commercial solid waste was
established on City property located at Washington Street and East Bay Avenue in 1978
to accommodate residents and businesses in the Balboa Village. 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; therefore, on August 25, 1997, the City
Council adopted Resolution No. 97-70 (Attachment B) which authorized use of the
"Washington Street bins" for certain businesses, and established a service fee to cover
the businesses portion of the City -contracted commercial refuse hauler costs. Staff has
evaluated the Washington Street area and found that most of the business
establishments originally identified in Resolution No. 97-70 no longer exist. Of the 66
original businesses listed in Resolution No. 97-70, only eight are currently paying the
service fee. The original resolution identified participation by business name, which can
change frequently and is labor intensive to monitor and track, limiting the ability of the City
to recover its costs. Changing the responsible party to the registered private property
owner of each address allows the City to better maintain billing for this service.
The Washington Street bins are currently intended for specific commercial businesses
within the Balboa Village, as well as 17 residential units located above the businesses (as
shown in Attachment C). These residential units are included since they have limited
space on-site to store trash and recycle carts for collection. As a result, the properties are
eligible to use the Washington Street bins for residential refuse disposal. The residential
units are not being assessed any fees for use of the Washington Street bins.
All eligible commercial property owners were recently mailed three letters, one on March
22, 2021, another on May 21, 2021, and the final letter on June 17, 2021 (Attachments D
through F), regarding this resolution update and were also given the opportunity to opt
out of using the Washington Street bins by providing written evidence of an agreement
with one of the City's approved, Non -Exclusive Franchised Commercial Solid Waste
Haulers. This will be an annual requirement for property owners to show proof that they
have alternative arrangements for refuse service. Additionally, in future years, property
owners will need to have commercial recycling and organics collection service included
in their refuse service agreements (if required) in compliance with State law, as well as a
term that lasts the duration of the following annual assessment period.
Currently, of the 91 eligible commercial properties, 46 properties (and the businesses on
them) have responded that they wish to voluntarily participate in the Washington Street
bins service and pay the service fee. This service fee will be calculated annually, based
upon the current or revised annual cost for operations with the City's contracted
commercial solid waste hauler. The current contract with CR&R Inc. for collection of the
Washington Street Bins is $3,424.08 per month, or $41,089 annually. The monthly fee
shall equal 73% (calculation shown in the table on page 3) of the annual hauling and
disposal costs, divided by the number of commercial properties that voluntarily participate
in Washington Street bin service, plus any properties that do not provide proof of an
alternative contract for commercial solid waste collection and disposal services, divided
by 12 months per year. At this time, the annual cost per parcel for this commercial waste
service will be approximately $54.33 per month, or $652.06 per year.
11-2
Rescind Resolution No. 97-70 and Approve Resolution No. 2021-65 for Solid Waste,
Recyclable and Organic Service Fee for the Use of the Washington Street Bins
July 13, 2021
Page 3
Residential
Commercial
Participating
% of Total
Participating
% of Total
Total
17
27%
46
73%
63
For the properties with food -based businesses that are required to have a compliant AB
1826 and/or SB 1383 (Mandatory Organics Recycling) diversion program, there is an
additional cost of $280.00 per year to cover the added cost of organics recycling. Only
those businesses that require Mandatory Organics Recycling compliance will have the
additional charge applied to them. This currently impacts five properties.
The cost of providing waste disposal will be billed to the property owner on a bimonthly
basis, starting August 1, 2021, by the City's Revenue Division. It will be included on the
property owner's Municipal Services Statement (MSS) as a separate line item. For those
that do not receive an MSS, the City will send a separate bill on a bimonthly basis.
Payment of the fee is required regardless of whether or not the bin is used by the business
or underlying property owner for commercial solid waste disposal, recyclables and
organics collection unless proof of alternative trash service is provided during the annual
opt -out period.
Staff recommends that the City Council rescind Resolution No. 97-70 and adopt
Resolution No. 2021-65 (Attachment A) and implement the revised service fee. The
proposed resolution authorizes the underlying commercial property owners, listed by
address rather than business, to participate in and pay for use of the Washington Street
bins for their solid waste, recyclable and organic service needs.
FISCAL IMPACT:
Contracted Waste and Recycling services for the Washington Street Bins currently cost
the City $41,088.96 annually. Upon recent written notification, 46 commercial units and
17 residential units are wanting to use this refuse services resulting in a 73% commercial
participation. Based on the current contract cost, each commercial unit will be charged a
fee of $54.33 per month, generating an annual operational cost offset of $29,990.16
annually.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
11-3
Rescind Resolution No. 97-70 and Approve Resolution No. 2021-65 for Solid Waste,
Recyclable and Organic Service Fee for the Use of the Washington Street Bins
July 13, 2021
Page 4
NOTICING:
Notification letters to all of the eligible properties within the Washington Street service
area were mailed on March 22, May 21, and June 17, 2021. Meetings with the Balboa
Village Merchants Association were held on March 29, 2021 (via Zoom) and on May 4,
2021 at 600 E. Bay Ave.
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A
—Resolution No. 2021-65
Attachment B
— Resolution No. 97-70
Attachment C
— Washington Street Bin Service Maps
Attachment D
— Washington Street Property Owner Notification Letter — March 22, 2021
Attachment E
— Washington Street Property Owner Notification Letter — May 21, 2021
Attachment F
— Washington Street Property Owner Notification Letter — June 17, 2021
11-4
ATTACHMENT A
RESOLUTION NO. 2021- 65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING
CERTAIN PROPERTIES TO USE PUBLIC SOLID
WASTE, RECYCLABLE MATERIAL, OR DIVERTIBLE
MATERIAL BINS/CONTAINERS IN ACCORDANCE WITH
SECTION 6.04.170 OF THE NEWPORT BEACH
MUNICIPAL CODE SUBJECT TO PAYING FOR THE
SERVICE
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("Charter")
vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and limitations
contained in the Charter and the California Constitution, and the power to exercise, or act
pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed
by any law of the State of California;
WHEREAS, a bin at a central location for collection and disposal of commercial
solid waste was established at the Washington Street and East Bay Avenue over 40 years
ago to accommodate businesses and residential units above businesses in the area
("Washington Street Bin");
WHEREAS, on November 5, 1996, City of Newport Beach ("City") voters approved
Measure Q which terminated the City's responsibility to collect and dispose of commercial
solid waste in the City;
WHEREAS, as a result, on July 28, 1997, the City Council adopted Ordinance No.
97-27, previously codified in Section 6.04.191 and in its current form in Section 6.04.170
(Prohibition of Commercial Use of Public Solid Waste or Public Recyclable Material
Containers) of the Newport Beach Municipal Code ("NBMC"), which prohibits businesses
from using public refuse containers unless authorized by resolution of the City Council;
WHEREAS, on August 25, 1997, the City Council adopted Resolution No. 97-70,
identifying a list of businesses authorized to use the Washington Street Bin and
establishing a solid waste service fee for those businesses that wished to voluntarily
participate in the Washington Street Bin service;
WHEREAS, the application of Section 6.04.170 to businesses alone created gaps in
the Washington Street Bin service in that many of the establishments identified in Resolution
No. 97-70 no longer exist and it is difficult for City staff to continually track and reach out to
new businesses that wish to participate in the Washington Street Bin service;
11-5
Resolution No. 2021 -
Page 2 of 4
WHEREAS, in order to address gaps in the application of the Washington Street Bin
service, on May 12, 2020, the City Council adopted Ordinance No. 2020-13 amending
Section 6.04.170 so that the underlying commercial property may participate in the
Washington Street Bin service subject to City Council authorization;
WHEREAS, based upon the feedback from City staff's outreach efforts, local
business associations and commercial property owners have requested that the City
continue to operate the Washington Street Bin and authorize underlying property owners
to continue using the Washington Street Bin;
WHEREAS, the City Council desires to continue operating the Washington Street
Bin as a centralized location for commercial solid waste refuse collection and disposal
subject to commercial property owners paying its portion of the City's contract cost with
the commercial solid waste hauler that provides the Washington Street Bin service; and
WHEREAS, the Washington Street commercial property owners identified in
Exhibit 'A," which is attached hereto and incorporated herein by reference, are not
required to participate in the Washington Street Bin service subject to providing written
evidence of an agreement with one of the City's approved commercial solid waste
franchise haulers that solid waste collection, recycling, and organics (as applicable)
service will be provided to that address for the duration of the subsequent one year term.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby rescind Resolution No. 97-70.
Section 2: The City Council hereby exempts each address listed on Exhibit "A,"
which is attached hereto and incorporated herein by reference from Section 6.04.170
(Prohibition of Commercial Use of Public Solid Waste or Public Recyclable Material
Containers) of the Newport Beach Municipal Code, thus authorizing use of the
Washington Street Bin subject to payment of a fee for the use of the Washington Street
Bin ("Fee"). Each underlying commercial property owner identified in Exhibit "A" is
required to pay the Fee except as provided in Section 3 of this Resolution.
11-6
Resolution No. 2021 -
Page 3 of 4
Section 3: On an annual basis, each underlying commercial property owner
identified in Exhibit "A" may provide a copy of a written agreement with one of the City's
approved commercial solid waste franchise haulers evidencing that commercial solid
waste, recyclables, and organics (as applicable) service will be provided to the address
identified in Exhibit "A" for the duration of the subsequent one year term. Each property
owner that provides evidence specified herein is not required to pay the Fee.
Section 4: The Fee shall be the current or revised annual cost of contracting with
a commercial solid waste hauler, as established through a competitive bidding process,
for commercial solid waste and recyclables service divided equally amongst the
addresses identified in Exhibit "A" that voluntarily participate or do not provide proof of an
alternative contract for commercial solid waste and recyclables collection and disposal
service. Additionally, as determined by compliance standards for AB 1826 and/or SB
1383 as may be amended, the additional cost of providing organics service shall apply to
those commercial property owners that produce organic waste. The Fee shall not include
the cost for residential trash service or exceed the actual cost to provide the service to
the address. The Fee may be billed on a bimonthly basis by the City's Revenue Division
as a part of the Municipal Services Statement ("MSS") as a separate line item or as
determined by the Finance Director. For those property owners that do not receive an
MSS, the Fee may be billed separately on a bimonthly basis or as determined by the
Finance Director.
Section 5: A late payment penalty in an amount equal to ten percent (10%) of
the Fee shall apply to any payment not received by the City on its due date.
Section 6: The Fee provided herein, oras revised, is not subject to Articles XII IC
and XIIID of the California Constitution, and Sections 53750 et. seq. and 66016 et seq.
of the California Government Code in that the Fee consists of a charge for the use of City
property.
Section 7: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 8: If any section, subsection, sentence, clause, or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
11-7
Resolution No. 2021 -
Page 4 of 4
Section 9: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 10: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 13th day of July, 2021.
Brad Avery
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Attachment(s): Exhibit A — Balboa Village Locations Eligible for Participation of the
Washington Street Recycling, Organic and Waste Disposal Bins
11-8
EXHIBIT A
Balboa Village Locations Eligible for Use of the Washington Street Recycling, Organic
and Waste Disposal Bins
ELIGIBLE BALBOA VILLAGE
LOCATIONS LIST OF ADDRESSES
200 A St
Newport Beach, CA
92661
108 Adams St
Newport Beach, CA
92661
110 Adams St
Newport Beach, CA
92661
500 Balboa Blvd. E
Newport Beach, CA
92661
501 Balboa Blvd. E
Newport Beach, CA
92661
502 Balboa Blvd. E
Newport Beach, CA
92661
503 Balboa Blvd. E
Newport Beach, CA
92661
504 Balboa Blvd. E
Newport Beach, CA
92661
505 Balboa Blvd. E
Newport Beach, CA
92661
507 Balboa Blvd. E
Newport Beach, CA
92661
509 Balboa Blvd. E
Newport Beach, CA
92661
509 Balboa Blvd. E A
Newport Beach, CA
92661
510 Balboa Blvd. E
Newport Beach, CA
92661
511 Balboa Blvd. E A
Newport Beach, CA
92661
511 Balboa Blvd. E B
Newport Beach, CA
92661
601 Balboa Blvd. E A
Newport Beach, CA
92661
601 Balboa Blvd. E B
Newport Beach, CA
92661
603 Balboa Blvd. E
Newport Beach, CA
92661
605 Balboa Blvd. E
Newport Beach, CA
92661
607 Balboa Blvd. E A
Newport Beach, CA
92661
607 Balboa Blvd. E B
Newport Beach, CA
92661
608 Balboa Blvd. E
Newport Beach, CA
92661
609 Balboa Blvd. E
Newport Beach, CA
92661
609 Balboa Blvd. E A
Newport Beach, CA
92661
611 Balboa Blvd. E
Newport Beach, CA
92661
611 Balboa Blvd. E A
Newport Beach, CA
92661
613 Balboa Blvd. E
Newport Beach, CA
92661
613 Balboa Blvd. E A
Newport Beach, CA
92661
615 Balboa Blvd. E
Newport Beach, CA
92661
615 Balboa Blvd. E A
Newport Beach, CA
92661
700 Balboa Blvd. E
Newport Beach, CA
92661
701 Balboa Blvd. E
Newport Beach, CA
92661
702 Balboa Blvd. E
Newport Beach, CA
92661
703 Balboa Blvd. E
Newport Beach, CA
92661
704 Balboa Blvd. E
Newport Beach, CA
92661
705 Balboa Blvd. E
Newport Beach, CA
92661
707 Balboa Blvd. E
Newport Beach, CA
92661
709 Balboa Blvd. E
Newport Beach, CA
92661
F -IM
11-9
ELIGIBLE BALBOA VILLAGE
LOCATIONS LIST OF ADDRESSES
710 Balboa Blvd. E
Newport Beach, CA
92661
711 Balboa Blvd. E
Newport Beach, CA
92661
712 Balboa Blvd. E
Newport Beach, CA
92661
714 Balboa Blvd. E
Newport Beach, CA
92661
716 Balboa Blvd. E
Newport Beach, CA
92661
801 Balboa Blvd. E
Newport Beach, CA
92661
804 Balboa Blvd. E
Newport Beach, CA
92661
806 Balboa Blvd. E
Newport Beach, CA
92661
810 Balboa Blvd. E
Newport Beach, CA
92661
600 Bay Ave. E A
Newport Beach, CA
92661
600 Bay Ave. E B
Newport Beach, CA
92661
600 Bay Ave E. C
Newport Beach, CA
92661
700 Bay Ave. E
Newport Beach, CA
92661
702 Bay Ave. E
Newport Beach, CA
92661
704 Bay Ave. E
Newport Beach, CA
92661
706 Bay Ave. E
Newport Beach, CA
92661
708 Bay Ave E
Newport Beach, CA
92661
711 Bay Ave. E
Newport Beach, CA
92661
807 Bay Ave. E
Newport Beach, CA
92661
808 Bay Ave. E
Newport Beach, CA
92661
814 Bay Ave. E
Newport Beach, CA
92661
503 Edgewater Pl.
Newport Beach, CA
92661
510 Edgewater Pl.
Newport Beach, CA
92661
600 Edgewater Pl.
Newport Beach, CA
92661
700 Edgewater Pl.
Newport Beach, CA
92661
701 Edgewater Pl.
Newport Beach, CA
92661
703 Edgewater Pl.
Newport Beach, CA
92661
703 Edgewater Pl. B
Newport Beach, CA
92661
704 Edgewater Pl.
Newport Beach, CA
92661
707 Edgewater Pl.
Newport Beach, CA
92661
100 Main St.
Newport Beach, CA
92661
104 Main St.
Newport Beach, CA
92661
105 Main St.
Newport Beach, CA
92661
106 Main St.
Newport Beach, CA
92661
107 Main St.
Newport Beach, CA
92661
111 Main St.
Newport Beach, CA
92661
200 Main St.
Newport Beach, CA
92661
202 Main St.
Newport Beach, CA
92661
204 Main St.
Newport Beach, CA
92661
205 Main St.
Newport Beach, CA
92661
300 Main St
Newport Beach, CA
92661
I_d:
11-10
ELIGIBLE BALBOA VILLAGE
LOCATIONS LIST OF ADDRESSES
301 Main St.
Newport Beach, CA
92661
301 Main St. 1/2
Newport Beach, CA
92661
302 Main St.
Newport Beach, CA
92661
303 Main St.
Newport Beach, CA
92661
304 Main St.
Newport Beach, CA
92661
304 Main St. 1/2
Newport Beach, CA
92661
305 Main St.
Newport Beach, CA
92661
306 Main St.
Newport Beach, CA
92661
307 Main St.
Newport Beach, CA
92661
400 Main St
Newport Beach, CA
92661
514 Ocean Front #A -D
Newport Beach, CA
92661
101 Palm St.
Newport Beach, CA
92661
103 Palm St.
Newport Beach, CA
92661
105 Palm St.
Newport Beach, CA
92661
107 Palm St.
Newport Beach, CA
92661
111 Palm St.
Newport Beach, CA
92661
207 Palm St.
Newport Beach, CA
92661
209 Palm St.
Newport Beach, CA
92661
209 Palm St %2
Newport Beach, CA
92661
309 Palm St.
Newport Beach, CA
92661
309 Palm St. #A -N
Newport Beach, CA
92661
401 Palm St.
Newport Beach, CA
92661
410 Palm St.
Newport Beach, CA
92661
100 Palm St.
Newport Beach, CA
92661
104 Washington St.
Newport Beach, CA
92661
204 Washington St.
Newport Beach, CA
92661
209 Washington St.
Newport Beach, CA
92661
OR,
ATTACHMENT B
RESOLUTION NO. 97- 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
0 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-
11-12
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
is 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.
MA R
ATTEST:
City Clerk
EXHIBIT A: List of Balboa Businesses (66)
-2-
11-13
•
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
BON APPETIT BAKERY
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
CLASS OF '47
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
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
11-14
Balboa Business Locations
(Without Confirmed Commercial Refuse Service)
•
MAZZOTTI'S AT BALBOA
RED'S HAIR AND NAIL SALON
BALBOA SALOON
ALTON DESIGN GROUP INC.
ROMATIC NOTIONS
MADDY, KENT INCL
SKIN CARE BY ROXANN
KRYSTAL ANN
BALBOA BEACH TREATS
PIZZA PETE'S
FUN ZONE MARINA INC
PLAYLAND
SUN N FUN
ODDS AND ENDS
FUN ZONE BOAT COMPANY
CJ WILLIAMS
WORLD WIDE FLAGS
BLUE SAILS
NOUVELLE ARMOIRE
SUN N FUN
BALBOA BAKERY
YOUNG & RESTLESS
BALBOA TOYS
BAUBLES BANGLES & ART
ALBATROSS WEST
BRITTA'S CAFE
BALBOA PALM
OPASO BALBOA THAI CAFE
SALT WATER TAFFY
CRAB TRAP
0
704
Balboa Blvd. E
607
Balboa Blvd. E
700
Bay Ave.
813
Bay Ave. E
711
Bay Ave. E
706
Bay Ave. E
319
Cypress St.
709
Edgewater Ave.
704
Edgewater Ave. E
701
Edgewater Ave. E
600
Edgewater Ave. E
703
Edgewater Ave. E
707
Edgewater Ave. E
703
Edgewater Ave. E
700
Edgewater Ave. E
31
Ima Loa Ct.
300
Main St.
304
Main St.
306
Main St.
307
Main St.
301
Main St.
302
Main St.
305
Main St.
303
Main St.
104 Main St.
205 Main St.
209 Palm St.
209 Palm St.
100 Palm St.
103 Palm St.
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
11-15
STATE OF CALIFORNIA }
COUNTY OF ORANGE
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
11-16
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Attachment D
Washington Street Letter 03/22/2021
Regarding Usage of the City's Washington Street Refuse Bin Enclosure Letter
11-19
Business Name
Address
City of Newport Beach
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3311 1 949 644-3308 FAX
newportbeachca.gov/publicworks
March 22, 2021
RE: Usage of the City's Washington Street Refuse Bin Enclosure -- ACTION REQUIRED BY
April 1, 2021
Dear (Business Name) Property Owners,
INTRODUCTION
The City of Newport Beach ("City") is reaching out to property owners and businesses
located within the general area bounded by Main Street to Adams Street, and from the
Boardwalk to the Bay ("Washington Street") to determine whether the cost of providing
solid waste and recyclable materials disposal service ("Waste Disposal") will be applied
to your property or business. Please note that only those businesses or property owners
that provide written evidence to the City that the Washington Street business or property
currently contracts with a commercial solid waste franchise hauler for Waste Disposal no
later than April 1, 2021 will not be subject to the cost of Waste Disposal service.
BACKGROUND
As background, Section 6.04.170 (Prohibition of Commercial Use of Public Solid Waste or
Public Recyclable Materials Containers) of the Newport Beach Municipal Code prohibits
businesses from using the City's bins for the disposal of waste unless authorized by
resolution of the City Council. In 1997, as a courtesy to the Washington Street businesses
that lacked adequate space to accommodate trash bins, the City Council adopted
Resolution No. 97-70 authorizing certain Washington Street businesses to contract with the
City for Waste Disposal bins subject to paying its proportional cost of service.
Over the past 20 years, many of the 66 businesses identified in Resolution No. 97-70 have
turned over and the City is bearing the cost of providing Waste Disposal to Washington
Street. In April 2021, the City Council will consider a resolution identifying those
Washington Street businesses that may utilize the City's bins and apply the cost of
providing Waste Disposal to that particular address.
ANNUAL COST
The annual cost will equal 75% of the annual hauling and disposal costs divided by the
number of properties that utilize the Washington Street bins. The precise amount of the
annual fee will depend upon the number of Washington Street properties that
participate. The cost of providing Waste Disposal will be billed on an annual basis by the
City's Revenue Division as part of the Municipal Services Statement ("MSS") as a separate
line item, however, for those that do not receive a MSS, the City will send a separate bill
on an annual basis.
If the original 66 businesses participate, the annual cost would be approximately $546.00
per year which equals about $45.00 per month. The more businesses that participate the
lower the distributed cost will be for each business. Please note that for the food -based
businesses that are required to have a compliant AB 1826 (Mandatory Organics
Recycling) diversion program, there is an additional cost of approximately $280.00 per
year. Only those that require AB 1826 compliance with have the additional charge
applied to them.
As indicated above, if you or your tenant contracts independently with a Non -Exclusive
Commercial Solid Waste Hauler for Waste Services, please provide a copy of the service
agreement that identifies the 1) property receiving the solid waste and recyclable
disposal services, 2) Waste Disposal provider, and 3) details regarding the specific services
provided including compliant diversion programs. This service agreement must be in
effect for a minimum of 1 year, and the exemption from usage of the Washington Street
Bin enclosure is only good for the term of the agreement.
Please note that fees for the use of public property, which the Washington Street bins fall
within, is not subject to Proposition 218 under Art. XIII C, § 1, subd. (e) (4) of the California
Constitution.
CONCLUSION
Please respond to this letter no later than April 1, 2021 as to whether you contract
independently for service Waste Disposal. Only those Washington Street businesses that
contract through the City are eligible to utilize the Washington Street bin enclosure.
If you have any questions, please do not hesitate to contact Kristen Almaraz, Refuse
Manager at 949-718-3466 or kalmaraz@newportbeachca.gov or me at 949-644-3055. We
are here to help answer any questions you may have regarding this process. Dear
(Business Name) Property Owners,
Sincerely,
Micah Martin
Deputy Public Works Director
Municipal Operations Division
Attachment E
Washington Street 2nd Notification Letter 05/21/2021
11-22
Property Owner
Address
City, State, Zip Code
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3311 1 949 644-3308 FAX
newportbeachca.gov/publicworks
May 21, 2021
RE: Usage of the City's Washington Street Refuse Bin Enclosure - Resolution Update
Dear Property Owner,
The City of Newport Beach ("City") is reaching out to property owners located within the
general area bounded by Main Street to Adams Street, and from the Boardwalk to the
Bay ("Washington Street") participating in the solid waste and recyclable materials
disposal service ("Waste Disposal") provided by the City. In 1997, as a courtesy to the
Washington Street businesses that lacked adequate space to accommodate trash bins,
the City Council adopted Resolution No. 97-70, authorizing certain Washington Street
businesses to contract with the City for waste disposal bins subject to paying its
proportional cost of service.
Over the past 20 years, there have been changes to the businesses identified in
Resolution No. 97-70. In order to address these changes and any changes moving
forward, the City will be going to Council, June 22nd, for approval of an update to
Resolution No.97-70. The requested updates to the resolution will be the following:
• Updated fees - The annual cost will equal 75% of the annual hauling and disposal
costs divided by the number of properties that utilize the Washington Street bins.
o After recent review, approximately 50 businesses participate
o Estimated calculation: $2,568.06 (75%)/50 businesses= $51.36 per
month
o Annual cost without AB 1826 would be approximately $616.33
o Annual cost with AB 1826 requirement would be approximately
$896.32
• Updated list of business utilizing the waste disposal service.
• Billing will be applied to property owners.
The cost of providing waste disposal will be billed on an annual basis by the City's
Revenue Division as part of the Municipal Services Statement ("MSS") as a separate line
item. Please note that for the food -based businesses that are required to have a
compliant AB 1826 (Mandatory Organics Recycling) diversion program, there is an
additional cost of approximately $280.00 per year. Only those that require AB 1826
compliance with have the additional charge applied to them.
Businesses or property owners that provide written evidence to the City that the
Washington Street business currently contracts with a commercial solid waste franchise
hauler for waste disposal will not be subject to the cost of waste disposal service.
If you have any questions, please do not hesitate to contact Kristen Almaraz, Refuse
Manager at 949-718-3466 or kalmaraz@newportbeachca.gov or me at 949-644-3055. We
are here to help answer any questions you may have regarding this process.
Sincerely,
Micah Martin
Deputy Public Works Director
Municipal Operations Division
ATTACHMENT F
Property Owner
Address
City of Newport Beach, CA 92661
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3311 1 949 644-3308 FAX
newportbeachca.gov/publicworks
June 17, 2021
RE: City's Washington Street Refuse Bin Enclosure Usage Resolution Update - Council
Meeting July 13.
Dear Property Owners,
In May 2021, the City of Newport Beach ("City") sent out letters to property owners
located within the general area bounded by Main Street to Adams Street, and from the
Boardwalk to the Bay ("Washington Street") participating in the solid waste and
recyclable materials disposal service ("Waste Disposal") provided by the City. Our letter
indicated that Resolution No. 97-70, adopted in 1997 establishing the usage of refuse
containers as a courtesy to the Washington Street businesses that lacked adequate
space to accommodate trash bins, was going to Council on June 22 for an approval to
update the resolution with the following:
• Billing will be updated from application to business owners to property owners.
• Updated list of properties eligible to utilize the waste disposal service.
• Updated fees - The annual cost will equal 72.31% of the annual hauling and
disposal costs divided by the number of properties that utilize the Washington
Street bins.
0 47 businesses participate
o Calculation: $2,568.06 (750/47 businesses= $52.67 per month
o Annual cost without AB 1826 would be $616.33
o Annual cost for those requiring organics diversion per SB 1383 will be
charged an additional $280.00 per year
The request for approval to update Resolution No. 97-70 has been changed to the July
13, 2021 meeting. If you have any questions, please do not hesitate to contact Kristen
Almaraz, Refuse Manager at 949-718-3466 or kalmaraz@newportbeachca.gov or me at
949-644-3055.
Transparency on the update for this resolution is a priority. We are here to help answer
any questions you may have regarding this process.
Sincerely,
Micah Martin
Deputy Public Works Director
Municipal Operations Division