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Home My WebLink About2021-65 - 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 ServiceRESOLUTION 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; Resolution No. 2021-65 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 staffs 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. Resolution No. 2021-65 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, or as 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. Resolution No. 2021-65 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. ATTEST: I LeMil ani I. Brown (tu: City Clerk APPROVED AS TO FORM: CIT ATTORNEY'S OFFICE 7Oma— C licr--- Aa on C. Harp City Attorney N�. -1p0 RN% Attachment(s): Exhibit A — Balboa Village Locations Eligible for Participation of the Washington Street Recycling, Organic and Waste Disposal Bins EXHIBIT A Balboa Village Locations Eligible for Use of the Washington Street Recycling, Organic and Waste Disposal Bins ELIGIBLE BALBOA VILLAGE 200 A St LOCATIONS LIST OF ADDRESSES 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 A-1 ELIGIBLE BALBOA VILLAGE 710 Balboa Blvd. E LOCATIONS LIST OF ADDRESSES 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 Gam: ELIGIBLE BALBOA VILLAGE 301 Main St. LOCATIONS LIST OF ADDRESSES Newport Beach, CA 92661 301 Main St. %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. '/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 1/2 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 A-3 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF NEWPORT BEACH I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven, the foregoing resolution, being Resolution No. 2021-65 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 13th day of July, 2021; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Brad Avery, Council Member Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Will O'Neill NAYS: Mayor Pro Tem Kevin Muldoon ABSENT: Council Member Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 141h day of July, 2021. A-M-�- Leilani I. Brown City Clerk Newport Beach, California