To: Honorable Mayor and Members of City Council
From: Phil Brun, Utilities Director
Prepared By: Chris Shoop, Management Analyst II
TITLE:
Title
Dwight Murray Plaza Trash Enclosure License Agreement
LABEL
RECOMMENDED ACTION:
Recommendation
Approve and authorize the Utilities Director to execute a License Agreement with First and Main NV, LLC, Coombs Street, LLC, and Napa County Landmarks Incorporated, to allow the licensees to have access to, and make use of, the City-owned trash/recycling enclosure located within the Dwight Murray Plaza, to execute subsequent amendments to the agreement as needed, and determine that the actions authorized by this item are exempt from CEQA.
Body
DISCUSSION:
There are multiple entities that either lease or own the properties located at 1006 First Street, 1118 First Street, and 1026 First Street. First and Main NV, LLC owns the property located at 1006 First Street, Coombs Street, LLC owns the property located at 1118 First Street, and Napa County Landmarks, Incorporated owns the property located at 1026 First Street. Within these properties, there are different businesses that operate. None of these properties or businesses, however, have their own designated/available space to house the solid waste, recycling, and composting equipment needed for service by the City’s contracted hauler, Napa Recycling and Waste Services (NRWS). Due to this situation, these businesses have historically used an enclosure owned by the City that is located near these properties in the City owned parking lot adjacent to Dwight Murray Plaza. The City seeks to formalize the usage of this enclosure through a License Agreement.
The License Agreement will grant the licensees listed above, their tenants and authorized representatives access to, and use of, the solid waste/recycling enclosure located in the City-owned parking lot adjacent to Dwight Murray Plaza for disposal of solid waste, recyclable materials and compostables generated from the corresponding properties. The License Agreement will run through December 31, 2029, with the licensees having the option to extend the term of the agreement for one successive five-year period. Each of the three entities will pay an annual fee of $932 beginning January 1, 2025, which will then be adjusted each subsequent year by the change in the Consumer Price Index. This fee level is based on the minor administrative permit fee that is in place for situations such as use of public right-of-way for outdoor dining. The licensees are responsible for maintaining the interior and exterior of the enclosure and the pathways between licensee’s locations and the enclosure that may be soiled from the transport of solid waste, recyclable materials, compostables and debris to and from the enclosure during the agreement period, which shall be documented in a maintenance agreement between the different licensees and reviewed/approved by the City’s Utilities Department.
The City has the ability to terminate the agreement, without cause, with 180-days notice should it become necessary during the agreement timeframe. This is an important term in the agreement given that the City is contemplating improvements to the Brown Street corridor as part of a larger development project, which will likely affect the use of the solid waste enclosure if that development proceeds.
FINANCIAL IMPACTS:
Each of the three parties would pay to the City’s General Fund an annual administrative fee of $932, for a total of $2,796 in annual revenue. The first payment will be on January 1, 2025. After the first payment is made, the fee would be adjusted each year by the Consumer Price Index, All Urban Consumers, San Francisco-Oakland-Hayward, CA.
CEQA:
The Utilities Director has determined the Recommended Action described in this Agenda Report is not subject to CEQA, pursuant to CEQA Guidelines Section 15060(c). In the alternative, if this is found to be a project under CEQA, it is exempt from environmental review pursuant to CEQA Guideline 15301 as the operation and licensing of an existing public facility involving a negligible expansion of use consistent with the current use as a trash enclosure area.
DOCUMENTS ATTACHED:
ATCH1 - License Agreement (“Agreement”) by and between the City of Napa, a California charter city (“Licensor”), and First & Main NV, LLC, a California limited liability company (“First and Main”); Coombs Street, LLC, a California limited liability company (“Coombs Street”); and Napa County Landmarks, Incorporated, a California non-profit corporation (“Napa County Landmarks”).
NOTIFICATION:
None