HomeMy WebLinkAbout97-70 - 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.
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•
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)
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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
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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
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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