HomeMy WebLinkAboutAdministrative Hearing - Appeal to Denial of Recycling Permi CITY OF HUNTINGTON BEACH
2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648
Louis F. Sandoval Public Works Department
Director (714) 536-5431
CITY COUNCIL REPORT
October 27, 1993
for Agenda of November 1, 1993
ADMINISTRATIVE HEARING:
APPEAL BY SOUTH COAST REFUSE/INTEGRATED RECYCLING SYSTEMS
The issue before the Council in the appeal of South Coast Refuse/Integrated Recycling
Systems is not should the City allow private commercial recycling operations. That issue
has already been decided in the affirmative. The City's Waste Management Plan (adopted
April 6, 1992) sets a goal of 29% of our total recycling effort for private concerns and the
Municipal Code (Chapter 5.41) establishes the legality of such enterprises.
The issue before Council is would the approval of South Coast Refuse/Integrated
Recycling Systems as a commercial recycler in this City be in the public interest. The
Director of Public Works has answered in the negative by refusing to grant the firm the
permit or permits needed in order to commence operation.
This denial is because South Coast Refuse has not demonstrated that it is a responsible
party. Specifically, City records (the permit book and the operations log of the refuse
service field representative) show that South Coast has in the past placed bins within the
City without obtaining the permits required for such placements (violating Section
5.40.030 of the Municipal Code) and refused to dump at the local transfer station (in
violation of Section 5.40.155).
The company has defended itself by stating that the Municipal Code is "unconstitutional"
and encouraged the denial of the Director by telling Public Works staff that South Coast
would not comply with reporting requirements issued by the City pursuant to California
Integrated Waste Management Act of 1989 (also known as AB 939).
In the opinion of the Director and the City Attorney's Office the question of
constitutionality is not one to be decided by South Coast Refuse. That issue is before the
Supreme Court of the United States (Carbone v Town of Clarkstown, No. 92-1402) and will
be heard this term. Likewise, the City is legally bound to adhere to any documentation
mandated by the State of California under the 1989 Act and cannot suffer violations
without risking retribution from the State.
appealre
BARTZ, KNUPPEL & CHUN G'�� Ate,
Attorneys at Law
ALAN BARTZ, THE ATRIUM
A Professional Corporation 19100 VON KARMAN AVENUE, SUITE 750 WRITERS DIRECT TELEPHONE NUMBER
NEIL W. KNUPPEL IRVINE, CALIFORNIA 927 1 5-1 539
TOM S. CHUN TELEPHONE: (714) 752-8090
FACSIMILE: (714) 752-2141
October 26, 1993
Ms. Connie Brockway
City Clerk
City of Huntington Beach
2060 Main Street
Huntington Beach, CA 92648
Re: Hearing Scheduled November 1, 1993
Integrated Recycling Systems - City of Huntington Beach
Dear Ms. Brockway:
Please notify the City Council that on November 1, 1993, Integrated Recycling
Systems will submit its Appeal of the decision issued by Mr. Ray Silver on the
records, papers and files of this action, and will not make a personal appearance,
either directly or through its counsel.
If the City Council wishes to have a representative of Integrated Recycling Systems
present at this hearing, please advise the undersigned in writing, as soon as possible.
Very truly yours,
BARTZ, KNUPPEL & CHUN
Attorneys at Law
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SUITE 750 US,.P0§YAGJE
LINE, CALIFORNIA 92715
Ms. Connie Brockway
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
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REQUEP FOR CITY COUNCIL- ACTION
Date November 1, 1993
Submitted to: Honorable Mayor& City Council Member
Submitted by: Michael T. Uberuaga, City Administrator
Prepared by:
Louis Sandoval, Director of Public Works 409-e
Subject:
APPEAL BY SOUTH COAST REFUSE/INTEGRATED RECYCLING
SYSTEMS
Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
l �.lL�tw Y
, . .
Statement of Issue:
South Coast Refuse Corporation, operating as Integrated Recycling Systems (I.R.S.), is
appealing the decision of the Director of Public Works, as affirmed by the Assistant City
Administrator, not to permit I.R.S. to place bins for the collection of recyclable materials within
the City of Huntington Beach.
Recommendation:
Uphold the decision of the Director of Public Works and deny the Integrated Recycling Systems
appeal regarding placement of recycling bins.
Analysis:
Pursuant to the mandate of the California Integrated Waste Management Act of 1989,the City
Council did adopt Ordinance No. 3148 creating Municipal Code Chapter 5.41 COLLECTION
OF RECYCLABLE MATERIALS. Under this chapter a vendor of recycling services must be
approved by the Director of Public Works in order to obtain the permit or permits required to
place a bin or bins for the collection of source separated recyclables within the City. Said
approval is granted or denied in a letter to the applicant.
I.R.S. has been denied approval because data examined by the Director indicated that it was not a
responsible party and could not be relied upon to conform to the requirements of the Municipal
Code. This was evident from City records which revealed that South Coast Refuse had failed to
comply with the Code on numerous occasions and from statements made by the applicants to
City staff. Those statements included assertions by the applicants that they would not comply
with any reporting requirements issued by the City pursuant to the State Act.
Plo 5/85
RCA: Appeal by South Coast Refuse
November 1, 1993
Page 2
I.R.S. appealed the decision of the Director of Public Works to the Office of the City
Administrator, but was again denied. The corporation is now requesting reconsideration by the
City Council. Resolution of this issue is discretionary with the Council in that the selection of
either the recommended action or the alternative will not violate the City's Waste Management
Plan.
Funding Source:
None. No funds required
f
Alternative Actions:
Grant the appeal and issue I.R.S. a permit or permits as needed with the understanding that said
permit(s) will be revoked should the corporation fail to observe the Municipal Code.
Attachments:
Letter of July 8, 1993 to Edward Arakelian
Letter of August 26,_1993 to Alan Bartz
Notice of Appeal dated September 17, 1993
APPEAL
s
CITY OF HUNTINGTON BEACH
2000 MAIN STREET P. O. BOX 190 CALIFORNIA 92648
Louis F. Sandoval Public Works Department
Director (714) 536-5431
July 8, 1993
Mr. Edward Arakelian
Integrated Recycling Systems
-2021 Business Center Drive, Suite 114
Irvine, CA 92714
Dear Sir:
Pursuant to Chapter 5.41 of the Huntington Beach Municipal Code (HBMC), I have
reviewed your application for a permit to operate as a Licensed Recycler in the City of
Huntington Beach and am denying it at this time. Your firm (also known as South Coast
Refuse) has not demonstrated that it is a responsible party. This has been revealed by
numerous violations of the Huntington Beach Municipal Code. A list of these violations is
attached.
Under HBMC, Section 5.40.070, you may appeal this decision to the City Administrator. A
copy of said section is also attached.
Sincerely,
Louis F. randoval
Directorublic Works
LFS:AF:lb
Attach.
List of FY 1993 HBMC Violations by South Coast Refuse
Copy of HBMC Section 5.40.070
cc: Michael Uberuaga, City Administrator
3444g/3
EXHIBIT 1
s
RECENT VIOLATIONS OF
CHAPTER 5. 4.0 H8MC BY
SOUTH COAST REFUSE
Date Location Remarks
07/20/92 9120 Adams DOE:: Violated 5. 40. 155, failed
to dump at transfer station.
07/25/92 9391 Fireside DOE,: Violated 5. 40. 155, failed
to dump at transfer station.
O8/12/92 Two Locations Two 3•-yd. bins: Violated 5. 40
. 030, no permits obtained.
O8/13/92 7471 Slater 008: Violated 5. 40. 155, failed
to dump at transfer station.
08/14/92 3522 Venture 3-yd. bin: Violated 5. 40. 155, .
failed to dump at transfer-
station.
09/01/92 20172 Crown OO8 and 3 yd. bin: Violated
Reef 5.40. 155, failed to dump at
transfer station.
09/08/92 10101 Slater DOB: Violated 5.40. 155, failed
to dump at transfer station.
09/08/92 20172 Crown DOE,: Violated 5. 40. 155. failed
Reef to dump at transfer station.
09/10/92 81625 Main St. Two DOBs: Violated 5. 40. 155,
failed to dump at transfer
station.
11/11/92 Slater- @ SPRR DOE: switched daily for three
weeks: Violated 5. 40. 155,
failed to. dump .at transfer
station.
11/23/92 Slater @ SPRR 3-yd. bin switched weekly for-
six weeks: Violated 5.40. 155,
failed to dump at transfer
station.
12/09/92 7755 Center 008 switched weekly for four
weeks: Violated 5.40. 155,
failed to dump at transfer
station.
01/21/93 17862 George- 008: Violated 5. 40. 155, failed
town to dump at transfer, station.
EXHIBIT 1
02/08/93 16571 Burke DOE: Violated 5.40. 155, failed
to dump at transfer station.
02/08/93 3372 Gilbert Two 006s: Violated 5. 40. 155,
failed to dump at transfer
station.
03/30/93 5301 Bolsa DOE:: Violated 5.40. 155, failed
to dump at transfer• station.
04/20/93 5061 Tasman Two 008s: Violated 5.40. 155,
failed to dump at transfer•
station.
04/26/93 10262 Signet 006: Violated 5. 40.030, no
permit obtained.
05/24/93 Alabama at DOE: Violated 5. 40. 155, failed .
Acacia to dump at transfer station.
06/07/93 16442 Grimaud Two 008s: Violated 5.40.030,
no permits obtained.
06/09/93 7755 Center DOB: Violated 5. 40. 155, failed
to dump at transfer• station.
06/11/93 16171 Santa 008: Violated 5. 40. 155, failed
Barbara to dump at transfer ,station.
end
PERMIT
EXHIBIT 1
5.40.040--5.40.070 Huntington Beach Municipal -Code
5,40.070 Appeal of the Action by the Director of Public Works. If any
applicant is dissatisfied with decisions of the Director of Public Works, they
may appeal such decision to the City Administrator. The appeal shall be in
writing to the City Administrator and shall set forth the basis of the
appeal. The City Administrator, or his designee, shall .hold the hearing on
the appeal within -thirty (30) days of receipt of the written appeal . The City
Administrator, or his designee shall render a written decision within thirty
(30) days after the close of the hearing on the appeal . (3047-8/90, 3094-4/91)
8/92
EXHIBIT 1
City of Huntington Beach
* 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY ADMINISTRATOR
August 26, 1993 R E C E I V E D
DEPT.OF PUBLIC WORKS ..
Mr. Alan Bartz AUG Z G 1993
19100 Von Karman, #750
Irvine, CA 92715 HUNTINGTON BEACH, CA
Dear Mr. Bartz:
A hearing was held on Wednesday, August 4, 1993 to consider the
appeal of Integrated Recycling Systems on the Public Works
Department denial of the application to operate as a recycler.
This denial was made in accordance with Huntington Beach
Municipal Code Section 5.40.060. The appeal was heard under
Municipal Code Section 5.40.070.
As a result of the testimony and the exhibits presented at the
appeal hearing on August 4, 1993, I deny the appeal and uphold
the decision of the Director of Public Works to not * issue the
permit to operate as a recycler. This decision is appealable to
the City Council within fifteen ( 15) days of mailing this
decision. This is provided for in Section 5.40.080 of the
Municipal Code.
Very Truly Yours,
(X caw.
Ray Silver
Assistant City Administrator
cc: ,Sou Sandoval, Director of Public. Works
Art Folger, Deputy City Attorney
Telephone (714) •536-5202
ti
(SPACE BELOW FOR FII.IIIf .STA ONLY)
ALAN BARTZ
1 A PROFESSIONAL LAW CORPORATION
ATTORNEYS AT LAW �nF
2 THE ATRIUM
19100 VON KARMAN AVENUE, SUITE 750
IRVINE, CALIFORNIA 92715 Cj
3 TELEPHONE (7141 752-8090 .rA
FAX (7141 752-2141 ,
4 ALAN BARTZ, STATE BAR NO. 074121
NEIL W. KNUPPEL, STATE BAR NO. 86256
5 Attorney for Integrated Recycling Sytems
6
7
8 MEMBERS OF THE CITY COUNCIL .
9 OF THE CITY OF HUNTINGTON BEACH
10
11 In re: )
NOTICE -OF APPEAL BY
12 INTEGRATED RECYCLING ) INTEGRATED RECYCLING
SYSTEMS' APPEAL FROM DENIAL ) SYSTEMS
13 BY THE DIRECTOR OF PUBLIC )
WORKS FOR A RECYCLING PERMIT )
14 )
15
COMES NOW Integrated Recycling Systems and provides notice to
16
the City Council of the City of Huntington Beach pursuant to
17
Huntington Beach Municipal Code § 5.40.080(a) that Integrated
18
Recycling Systems appeals the decision of Ray Silver, Assistant
19
City Administrator, dated September 10, 1993 which decision denied
20
the appeal by Integrated Recycling Systems and upheld the decision
21
of the Director of Public Works to not issue the permit to
22
Integrated Recycling Systems to operate as a recycler:
23
DATED: September , 1993 ALAN BARTZ,
24 A Professional Law Corporation
25
By:
26 ALAN 9ARTZ
Attorney for. INTEGRATED
27 RECYCLING SYSTEMS
southcst\appeal.ntc\sja
28
1
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: Michael T. Uberuaga, City Administrator
Gail Hutton, City Attorney
FROM: Connie Brockway, City Clerk C3
SUBJECT: NOTICE OF APPEAL BY INTEGRATED RECYCLING SYSTEMS
DATE: September 21, 1993
Integrated Recycling Systems has filed the attached appeal to the
City Council pursuant to Huntington Beach Municipal Code 5 .40. 080,
Subsection (a) .
HBMC Section 5 .40 . 080 (b) sets forth two time periods to which the
City Administrator must adhere relative to the City Council
hearing. Also attached is the entire copy of Chapter 5 . 40 of the
HBMC.
Please advise me as to any notifications you may wish the City
Clerk' s OYffice to transmit to the appellant .
CB: jh
cc: Ray Silver, Assistant City Administrator
Louis F. Sandoval, Director of Public Works
Attachments
2730k
a'
I
f •�
(SPACE BELOW FOR FILIN 'fAM ;6iq'-
1 ALAN BARTZ �^c
A PROFCSSIONA- LAW CORPORAT ON V '
ATTORNEYS AT LAW
2 THE ATR UM ` a
19100 VON KARMAN AVENUE, SUITE 750
IRVINE, CALIFORNIA 92715 A '
3 TELEPHONE (714) 752-8090 -�
FAX (714) 752-214
4 ALAN BARTZ, STATE BAR NO. 074121
NEIL VV. KNU—EL, STATE BAR NO. 86256
5 attorney for Integrated Recycling Sytems
6
7
8 MEMBERS OF THE CITY COUNCIL
9 OF THE CITY 'OF HUNTINGTON BEACH
10
11 In re: )
NOTICE OF APPEAL BY
12 INTEGRATED RECYCLING ) INTEGRATED RECYCLING
SYSTEMS' APPEAL FROM DENIAL ) SYSTEMS
13 BY THE DIRECTOR OF PUBLIC )
WORKS FOR A RECYCLING PERMIT )
14 )
)
15
COMES NOW Integrated Recycling Systems and provides notice to
16
the City Council of the City of Huntington Beach pursuant to
17
Huntington Beach Municipal Code § 5.40.080(a) that Integrated
18
Recycling Systems appeals the decision of Ray Silver, Assistant
19
City Administrator, dated September 10, 1993 which decision denied
20
the appeal by Integrated Recycling Systems and upheld the decision
21
of the Director of Public Works to not issue the permit to
22
Integrated Recycling Systems to operate as a recycler.
23
DATED: September , 1993 ALAN BARTZ, ,
24 A Professional Law Corporation
25 GJ/
By:
26 ALAN MRTZ
Attorney fo 'INTEGRATED
27 RECYCLINGSTEMS
southcst\appeal.ntc\sja i
28 1
1
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA )
3 COUNTY OF ORANGE )
4
I am employed in the County of Orange, State of California.
5 I am over the age of 18 and not a party to the within action; my
business address is 19100 Von Karman Avenue, Suite 750, Irvine,
6 California 92715.
7
On September 17, 1993 I served the foregoing document
8 described as NOTICE OF APPEAL BY INTEGRATED RECYCLING SYSTEMS on
the interested parties in this action by placing for collection and
9 deposit in the United States mail at Irvine, California, a true
copy thereof, enclosed in a sealed envelope, with First Class
10 postage fully prepaid thereon, addressed as follows:
11 Clerk
Huntington Beach City Council
12 2000 Main Street
Huntington Beach, CA 92648
13 (via certified mail, return receipt requested)
14 Ken Folger, Esq.
Office of the City Attorney
15 City of Huntington Beach
2000 Main St. , 4th Floor
16 Huntington Beach, CA 92648
17
I am "readily familiar" with the practice of ALAN BARTZ, a
18 Professional Law Corporation for the collection and processing of
correspondence for mailing. Under that practice it would be
19 deposited with the U.S. Postal Service on that same day, with
postage thereon fully prepaid,. at Irvine, California. I am aware
20 that on motion of the party served., .service is presumed invalid if
postal cancellation date or postage meter date is more than one day
21 after date of deposit for mailing in affidavit.
22
I declare under penalty of perjury under the laws of the state
23 of California that the foregoing is true and correct. Executed
September 17, 1993 at Irvine, California.
24
25
. SUSAN J. 7ERSON
26
27
28
2
gel
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ALAN BARTZ [:I
P 691 165 637 ® •
A PROFESSIONAL LAW CORPORATION p �� �Ov
ATTORNEYS AT LAW �F1. 7 (� O® 2.7 4
THE ATRIUM
19100 VON KARMAN AVENUE PB Ill 4 C A 5035419 U S ppSTdGE
SUITE 750
IRVINE, CALIFORNIA CJ2715
Clerk
Huntington Beach City Council
2000 Main Street
Huntington Beach, CA 92648
Is your RE�TiURN ADDRESS
completed on the reverse side?
e
"e
1
03!AAGS idUgOGS UMMS
Buisn 5o; HUA �ueyl
r
(SPACE BELOW FOR FILING STAMP ONLY)
1 ALAN BARTZ
A PROFESSIONAL LAW CORPORATION
ATTORNEYS AT LAW
2 THE ATRIUM
19100 VON KARMAN AVENUE, SUITE 750
IRVINE, CALIFORNIA 92715
3 TELEPHONE (714) 752-8090
FAX (714) 752-2141
4 ALAN BARTZ, STATE BAR NO. 074121
N E!L W. KNUPPEL, STATE BAR NO. 86256
5 Attorney for Integrated Recycling Sytems
6
7
8 MEMBERS OF THE CITY COUNCIL
9 OF THE CITY OF HUNTINGTON BEACH
10
11 In re: )
NOTICE OF APPEAL BY
12 INTEGRATED RECYCLING ) INTEGRATED RECYCLING
SYSTEMS ' APPEAL FROM DENIAL ) SYSTEMS
13 BY THE DIRECTOR OF PUBLIC )
WORKS FOR A RECYCLING PERMIT )
14 )
15
COMES NOW Integrated Recycling Systems and provides notice to
16
the City Council of the City of Huntington Beach pursuant to
17
Huntington Beach Municipal Code § 5.40.080(a) that Integrated
18
Recycling Systems appeals the decision of Ray Silver, Assistant
19
City Administrator, dated September 10, 1993 which decision denied.
20
the appeal by Integrated Recycling Systems and upheld the decision
21
of the Director of Public Works to not issue the permit to
22
Integrated Recycling Systems to operate as a recycler.
23
DATED: September , 1993 ALAN BARTZ,
24 A Professional Law Corporation
25
By:
26 ALAN MRTZ
Attorney for INTEGRATED
27 RECYCLING SYSTEMS
southcst\appeal.ntc\sja
28
4,
1
.✓ I.
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA )
3 CO TY OF ORANGE )
4
I am employed in the County of Orange, State of California.
5 I am over the age of 18 and not a party to the within action; my
business address is 19100 Von Karman Avenue, Suite 750, Irvine,
6 California 92715.
7
On September 17, 1993 I served the foregoing document
8 described as NOTICE OF APPEAL BY INTEGRATED RECYCLING SYSTEMS on
the interested parties in this action by placing for collection and
9 deposit in the United States mail at Irvine, California, a true
copy thereof, enclosed in a sealed envelope, with First Class
10 postage fully prepaid thereon, addressed as follows:
11 Clerk
Huntington Beach City Council
12 2000 Main Street
Huntington Beach, CA 92648
13 (via certified mail, return receipt requested)
14 Ken Folger, Esq.
Office of the City Attorney
15 City of Huntington Beach
2000 Main St. , 4th Floor
16 Huntington Beach, CA 92648
17
I am "readily familiar" with the practice of ALAN BARTZ, a
18 Professional Law Corporation for the collection and processing of
correspondence for mailing. Under that. practice it would be
19 deposited with the U.S. Postal Service on that same day, with
postage thereon fully prepaid, at Irvine, California. I am aware
20 that on motion of the party served, service is presumed invalid if
postal cancellation date or postage meter date is more than one day
21 after date of deposit for mailing in affidavit.
22
I declare under penalty of perjury under the laws of the state
23 of California that the foregoing is true and correct. Executed
September 17, 1993 at Irvine, California.
24 j
25
SUSAN J. AN ERSON
26
27
28
2
Huntington Beach Municipal Code 5.40'.010--5.40.030
Chapter 5.40 _
COLLECTION FROM TRASH DROP OFF BOXES AND TRASH BINS
(3047-8/90, 3094-4/91 , 3114-6/91 , 3150-8/92)
Sections:
5.40.010 Intent and Purpose
5.40.020 Definition
5.40.030 Permit Required
5.40.040 Transfer of Permit
5.40.050 Permit Application and Procedure
5.40.060 Issuance or Denial
5.40.070 Appeal of the Action by the Director of Public Works
5.40.080 Appeals to the City Council
5.40.090 Permit Term
5.40. 100 Revocation of Permit
5.40.110 Display of Permit
5.40.120 Inspection and Permit Fee
5.40. 130 Insurance
5.40. 140 Permittee Liability
5.40.150 Acceptance of Permit by the Applicant
5.40.155 Permittee required to use Rainbow Transfer Station
5.40.160 Changes in Permit
5.40.170 Violation--penalty
5.40.010 Intent and Purpose. It is the intent and purpose of this chapter
to establish general operating procedures and standards for trash drop off
boxes and trash bins operating within the incorporated area of this City, to
provide a fair and impartial means of allowing responsible private operators
to provide such service in the public interest. (3047-8/90)
5.40.020 Definitions. For the purpose of this chapter, the following terms
are defined:
(a) "Director of Public Works" means the Director of Public Works of the City
of Huntington Beach. (3047-8/90)
(b) "Permittee" means a refuse collector who has been granted a permit by the
City of Huntington Beach. (3047-8/90)
(c) "Trash Bin" means a container used for the purpose of depositing trash for
later collection, or items to be recycled. (3047-8/90)
(d) "Dump off box, drop off box, or D.O.B.", means a container used for the
purpose of depositing trash for later collection or items to be recycled.
(3047-8/90)
5.40.030 Permit Required. It shall be unlawful , except the City or its
authorized representative, for any person to collect trash from trash bins or
trash drop off boxes, or to act in such a capacity either directly or
indirectly without possession of a permit. (3047-8/90)
8/92
5.40.040--5.40.070 Huntington Beach Municipal Code
5.40.040 Transfer of Permit. No license issued pursuant to this chapter
can be transferred by operation of law or otherwise. The following shall be
considered transfers for purposes of this section:
(a) Any change in the business structure of a licensee, including, but not
limited to, changes from or to:
(1 ) A sole proprietorship;
(2) A partnership, including any change in the partners; and
(3) A corporation, including any change in the shareholders, whether by
operation of law or otherwise. (3047-8/90)
(b) Bankruptcy, an assignment for the benefit of creditors, or the appointment
of a receiver. (3047-8/90)
(c) A sale or transfer of over ten (10%) percent of the assets of a licensee.
(3047-8/90)
5.40.050 Permit Application and Procedure.
(a) eneral . Application for trash bin or D.O.B. permits may be obtained at
the office of the Director of Public Works. Permit application forms and
processing procedures shall be established by the Director of Public
Works. (3047-8/90)
(b) Plans. The Director of Public Works may require such details as deemed
necessary to determine the exact location, nature, dimensions; duration
and purpose of the desired permit. (3047-8/90)
5.40.060 Issuance or Denial .
(a) Approval . Upon finding the requested permit conforms to the provision of
this Chapter, other applicable provisions of the Huntington Beach
Municipal Code, and State and Federal law, the Director of Public Works,
or his authorized agent, shall issue the permit. (3047-8/90)
(b) Denial . If the Director of Public Works finds that the requested permit
is in conflict with any provision of this Chapter or any other applicable
provision of law or the Huntington Beach Municipal Code, the Director of
Public Works, or his authorized agent, shall deny the permit. (3047-8/90)
(c) Time Limit. The Director of Public Works shall approve or deny the permit
within three (3) working days of receipt of the written application for
the permit. (3047-8/90, 3094-4/91 )
5,40.070 Appeal of the Action by the Director of Public Works. If any
applicant is dissatisfied with decisions of the Director of Public Works, they
may appeal such decision to the City Administrator. The appeal shall be in
writing to the City Administrator and shall set forth the basis of the
appeal . The City Administrator, or his designee, shall hold the hearing on
the appeal within thirty (30) days of receipt of the written appeal . The City
Administrator, or his designee shall render a written decision within thirty
(30) days after the close of the hearing on the appeal . (3047-8/90, 3094-4/91)
8/92
Huntington Beach Municipal Code 5.40.080--5.40.120(a)
5.40.080 Appeals to the City Council .
(a) Any person dissatisfied with any decision of the City Administrator may
file, within fifteen (15) days after such decision is announced at the
conclusion of a hearing, otherwise within fifteen (15) days after mailing
the applicant or permittee a written notice of the decision by registered
or certified mail , a written Notice of Appeal to the City Council .
(3047-8/90, 3094-4/91)
(b) Within fifteen (15) days of receipt of a Notice of Appeal to the City
Council , the City Administrator, or his designee shall give not less than
ten (10) days' written notice of the date, time, and place of such hearing
on appeal to the appellant, or permittee. The City Council , at a hearing
on appeal , shall consider only the transcript of proceedings before the
City Administrator, or his designee, together with any exhibits received
in evidence during such proceedings; provided, however, that on
application of any party, the City Council may, in its discretion, permit
the introduction of additional evidence. In either case, the City Council
may hear and . consider additional argument and points and authorities of
law, and may require parties before it to submit such argument and points
and authorities of law prior to rendering any decision. (3047-8/90,
3094-4/91 )
5.40.090 Permit Term. The term of the permit shall be as set forth in the
approved permit. A permit may be granted by the Director of Public Works for
a period not to exceed six (6) months from the date'of issuance. The Director
of Public Works may terminate a continuing permit by posting a notice on the
trash bin or D.O.B. one (1 ) day, twenty-four (24) hours prior to the date of
termination. The permit term may be renewed or extended at the discretion of
the Director of Public Works. (3047-8/90)
5.40.100 Revocation of Permit. A permit may be revoked at any time at the
option of the Director of Public Works whenever the permittee fails to comply
with or violates this City ordinance, City standards, safety regulations, or
any condition of the issuance of the permit. Upon revocation of the permit,
the permittee shall immediately remove the trash bin or D.O.B. If the trash
bin or D.O.B. is not removed within twenty-four (24) hours after notice is
posted, the City or its authorized representative, may remove and impound the
trash bin or D.O.B. Any and all costs incurred by the City for enforcement of
this Section shall be at the expense of the permittee or violator. Costs
incurred by the City will be deducted from any deposits posted by the
permittee and, if necessary, recovered by legal action. (3047-8/90)
5.40.110 Display of Permit. The permittee shall post in a conspicuous
place upon the trash bin or D.O.B. any permit issued pursuant to this
chapter. (3047-8/90)
5,.40.120 Inspection and Permit Fee.
(a) Inspection and permit fee. The amount of the inspection and permit fee
shall be the actual cost of such inspection and permit by the City as
determined by the Director of Public Works, but not to exceed fifty
. dollars ($50.00) . (3047-8/90, 3094-4/91 )
8/92
i
5.40.130--5.40.170(c) Huntington Beach Municipal Code
5.40.130 Insurance. Insurance Permittee shall maintain liability and
workers' compensation insurance in an amount and form as required by the
latest resolution of the City Council for permit applications. (304.7-8/90)
5.40.140 Permittee Liability. Permittee shall agree to hold the City, its
officers, and employees harmless from any and all liability, claims, suits or
actions for any and all damages alleged to have been suffered by any person or
property by reason of the permittee' s installation, operation, maintenance or
removal of the trash bin or drop off box. (3047-8/90)
5.40.150 Acceptance of- Permit by the Applicant. Acceptance by the
applicant of the permit shall be conclusive evidence of the reasonableness of
the terms imposed and shall' constitute a waiver of any right to legislative
determination -thereof. (3047-8/90)
5.40.155 Permittee required to use Rainbow Transfer Station. All
permittees shalltbring all refuse collected within the City limi't.s of
Huntington Beach to the Rainbow Disposal Transfer Station in Huntington Beach
so that proper compliance can be maintained with the State of California
"Integrated Waste Management Act. Violation of this provision may result in
revocation of the permi.ttee' s license. (3114-6/91)
5.40.160 Changes in Permit. No changes may be made in the location,
dimension, character, or duration of the use as granted by the permit, except
upon written authorization of the Director of Public Works. (3047-8/90)
5.40.170 Violation--Penalty.
(a) Any person who violates any provision of this chapter shall be guilty of
an INFRACTION, and shall be punished by a fine not exceeding five
hundred dollars ($500.00) . Each day of the existence of any continuing
violation shall constitute a separate offense. (3047-8/90, 3150-8/92)
(b) The Director of Public Works shall make such rules as may be necessary,
reasonable and proper to enforce the provisions of this chapter.
(3094-4/91 , 3150-8/92)
(c) The provisions of this chapter shall be enforced by the Department of
Public Works of the City. (3094-4/91 , 3150-8/92)
(d) Any person adversely impacted by a ruling made by the Director pursuant to
this chapter may appeal same by following the procedure described in
Section 5.40.070 and 5.40.080 of this chapter. (3150-8/92)
8/92
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
September 24, 1993
Mr. Alan Bartz
19100 Von Karman Avenue, Suite 750
Irvine, CA 92715
Re: Appeal of the Assistant City Administrator's Decision to Uphold the
Decision of the Director of Public Works Not to Issue a Permit to
Integrated Recycling Systems to operate as a recycler in the City of
Huntington Beach
Dear Sir:
Please be advised that the appeal to the City Council requested in your letter dated
September 17, 1993, here received September 21, 1993, has been scheduled for
the November 1, 1993, City Council meeting at the hour of 7:00 P.M. or as soon
thereafter as the matter may be heard in the Council Chambers in the Civic Center
at 2000 Main Street, Huntington Beach, California.
Sincerely,
Connie Brockway
City Clerk
CB:JS:dw
cc: Ray Silver, Assistant City Administrator
Louis F. Sandoval, Director of Public Works
Recycle
(Telephone:714-536-5227)
Huntington Beach Municipal Code 5.40.080--5:40.120(a)
5.40.080 Appeals to the City Council.
(a) Any person- dissatisfied with any decision of the City Administrator may
file, within fifteen (15) days after such decision is announced at the
conclusion of a hearing, otherwise within fifteen (15) days after mailing
. -the applicant or permittee a written notice of the decision by registered
or certified mail , a written Notice of Appeal to the City Council:...
(3047-8/90, 3094-4/91)
(b) Within fifteen (15) days of receipt of a Notice of Appeal to the City
Council , the City .Administrator, or his designee shall give not less than
ten (10) days' written notice of the date, time, and place of such hearing
on appeal to the appellant, or permittee. The City Council , at a hearing
on appeal , shall consider only the transcript of proceedings before the
City Administrator, or his designee, together with any exhibits received
in evidence during such proceedings; provided, however, that. on
application of any party, the City Council may, in its discretion, permit
the introduction of additional evidence. In either case, the City Council
may'hear and . consider additional argument and points. and authorities of
law, and may require parties before it to submit such argument and points
and authorities of law prior to rendering any decision. (3047-5/90,
3094-4/91)
5.40,090 - Permit-Term. The term of the permit shall be as set forth in the
approved permit. A permit may be granted by the Director of Public Works for
a period not to exceed six (6) months from the date of issuance. The Director
of Public Works may terminate a continuing permit by-posting a notice on the
trash bin or D.O.B. one (1) day, twenty-four (24) hours prior to the date of
. termination. , The permit term may be renewed or extended at the discretion of '
the Director of Public. Works. - (3047-8/90)
5.40.100 Revocation of Permit. A permit may be revoked at any time at the 4
option of the Director of Public Works whenever the permittee fails to comply_
with or violates. this City ordinance, City standards, safety regulations, or
any condition of the issuance of the permit. Upon revocation of the permit,
the permittee shall immediately remove the trash bin or D.O.B. If the trash
bin or D.O.B. is not removed within twenty-four (24) : hours after notice is
posted, the City or- its authorized representative, may remove and impound the
trash bin or D.O.B. Any and all costs incurred by the City for enforcement of .
this Section shall be at the expense of the permittee or violator. Costs
incurred by the City will be deducted from any deposits posted by the
permittee and, if .necessary, recovered by legal action. (3047-8/90)
5.40.110 Display of Permit. The permittee shall post in a conspicuous
place upon the trash bin or D.O.B. any permit issued pursuant to this
Chapter. (3047-8/90)
5.40.120 Inspection and Permit Fee.
(a) Inspection and permit fee. The amount of the inspection and permit fee
shall be the actual cost of such inspection and permit by the City as
determined by the Director of Public Works, but not to exceed fifty
dollars ($50.00) . (3047-8/90, 3094-4/91)
8/92
5.40.130--5.40.170(c) Huntington Beach Municipal Code •
5.40.130 Insurance. Insurance Permittee shall maintain liability and
workers' compensation insurance in an amount and form as required by the
..latest resolution of the City Council for permit applications. (3047-8/90)
5.40.140 -� Permittee Liability. Permittee shall agree to hold the City, its
officers, and employees harmless from any and all liability, claims, suits or
actions for any and all damages alleged to have been suffered by any person or
property by reason of the permittee' s installation, operation, maintenance or
removal of the trash bin or drop off box. (3047-8/90)
5.40.150 Acceptance of Permit by the Applicant. Acceptance by the
"applicant of the-permit shall be conclusive evidence of the reasonableness of
the terms imposed and shall constitute a waiver of any right to legislative
determination' thereof. (3047-8/90)
5.40.155 Permittee required to use Rainbow Transfer Station. All
permittees shall bring all refuse collected within the City limits of
Huntington Beach to the Rainbow Disposal Transfer Station in Huntington Beach
so-that proper compliance can be maintained with the State of California
Integrated Waste Management Act. Violation of this. provisi)on may result in
revocation of the permittee' s license. (3114-6/91)
5.40.160 Changes in Permit. No changes may be made in the location,
dimension, character, or duration of the use as granted by the permit, except
upon written authorization of the Director of Public Works. (3047-8/90)
5.40.170 Violation--Penalty.
(a) Any person who violates any provision of this chapter shall be guilty of
an INFRACTION, and shall be punished by a fine not exceeding five
hundred dollars ($500.00) . Each day of the existence of any continuing
violation shall constitute a separate offense. (3047-8/90, 3150-8/92)
(b) The Director of Public Works shall make such rules as may be necessary,
reasonable and proper to enforce the provisions of this chapter.
(3094-4/91 , 3150-8/92)
(c) The provisions of this chapter shall be enforced by the Department of.
Public Works of the City. (3094-4/91 , 3150-8/92)
(d) Any person adversely impacted by a ruling made by the Director pursuant to
this chapter may appeal same by following the procedure described in .
Section 5.40.070 and 5.40.080 of this chapter. (3150-8/92)
8/92
BARTZ & KNUPPEL /�I _ /'sail
ATTORNEYS AT LAW
ALAN BARTZ, THE ATRIUM TELEPHONE:
(714) 752-8090
NEIL W. KNUPPEL 19100 VON KARMAN AVENUE FACSIMI
SUITE 750 (714) 7S2 I x
IRVINE, CALIFORNIA 92715-1539 M
-_'_—Irn
C-0 Y crim
September 27, 1993 M
Ms. Connie Brockway
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Re: Anneal of Integrated Recycling System
Dear Ms. Brockway:
As we discussed on September 24, 1993, I am enclosing the Integrated Recycling
Systems's Brief in support of its appeal, and request that this Brief be distributed as
part of the agenda package to each City Council member in advance of the hearing,
which you have now scheduled for November 1, 1993. This document is to be
delivered to the City Council in addition to the Notice of Appeal by Integrated
Recycling Systems dated September 17, 1993, which was previously sent to you on
that date.
Please call me should you have any questions.
Very truly yours,
BARTZ & KNUPPEL
Attorneys at Law
ALAN BARTZ
A13/srs
SoucoastaRS/Corres/Brockway.01
Enclosure
cc: Integrated Recycling Systems
Arthur J. Folger, Deputy City Attorney (Without Enclosure)
(SPACE BELOW FOR FILING STAMP ONLY)
1 ALAN BARTZ
A PROFESSIONAL LAW CORPORATION SG
ATTORNEYS AT LAW Q Z'A
2 THE ATRIUM /� � en
19100 VON KARMAN AVENUE, SUITE 750 C.M.
C .G CI
IRVINE, CALIFORNIA 92715
3 TELEPHONE (714) 752-8090 (' � �..
FAX (714) 752-2141
4 ALAN BARTZ, STATE BAR NO. 074121 (}CP
NEIL W. KNUPPEL, STATE BAR NO. 86256 y„n
5 Attorney for
6
7
8
MEMBERS OF THE CITY COUNCIL
9
10 OF THE CITY OF HUNTINGTON BEACH
11
12 In Re The Matter of: )
13 INTEGRATED RECYCLING ) INTEGRATED RECYCLING
SYSTEMS' APPEAL FROM DENIAL) SYSTEMS' BRIEF IN SUPPORT
• 14 BY THE DIRECTOR OF PUBLIC ) OF ITS APPEAL
WORKS FOR A RECYCLING )
15 PERMIT. )
16
17
18 COMES NOW, INTEGRATED RECYCLING SYSTEMS ("IRS"), and files its
19 supporting Brief to its Appeal from the decision made by the Director of Public
20
Works for the City of Huntington Beach, denying the Application of IRS for a
21
recycling permit.
22
23
24 A.
25 BACKGROUND
26 On July 8, 1993, the Department of Public Works denied IRS's request for a
27 permit to perform recycling. The only ground for denial of said permit was the
28 statement that "your firm has not demonstrated that it is a responsible party".
1
1 By a letter dated July 16, 1993, IRS requested a hearing before the City
2 Administrator or his designee, in accordance with Huntington Beach Municipal Code
3 § 5.40.070 for a hearing to overturn this decision.
4 The aforesaid hearing was initially to be heard on August 4, 1993, but was
5 continued to August 12, 1993. At that time, a hearing was conducted before the
6
City's designee, Ray Silver. At the conclusion of that hearing, Mr. Silver granted
7
the City of Huntington Beach and IRS the right to file a Brief in connection with
8
9 the Appeal. Accordingly, this Brief is being submitted by IRS.
10
11 B.
12 THE SOLE BASIS FOR THE DENIAL OF THE PERMIT WERE
13 ALLEGATIONS WHICH WERE NEVER PROVED AT THE HEARING
14 According to the letter dated July 8, 1993, a copy of which is attached to the
15 City's Opposition Brief to Appeal, the sole basis for denying the permit to IRS were
16 alleged violations set forth on a two (2) page attachment which was included with
17 the letter dated July 8, 1993.
18 During the August 12, 1993 hearing, there was no proof from any percipient
is
witness that the alleged violations contained in the above-described attachment ever
20
occurred or that such violations were committed by IRS.
21
22 The only "evidence" presented was oral testimony from a City employee named
23 Jim Sankey. Mr. Sankey tested that he requested a list of details of any alleged
24 violations committed by IRS (or South Coast Refuse Corporation, the owner of IRS),
25 and the Mr. Sankey received a "list" from an employee of the City of Huntington
26 Beach. Mr. Sankey admitted he did nothing further to investigate the truth or falsity
27 of such allegations, or whether in fact such violations even occurred. The admission
28 of this list at the August 12th hearing was objected to by IRS.
2
1 There was no evidence presented establishing that the list of violations was
2 derived from bona fide records of the City of Huntington Beach, or that such
3 information was kept in the ordinary course of the affairs of the City of Huntington
4 Beach. There was no witness to establish the existence of these alleged violations.
5
It is axiomatic under California law that, if violations are alleged and which
6
violations form the basis of the denial of any right or privilege, such violations must
7
8 be proven.
9 The unsubstantiated recollection of Mr. Sankey that the report to him was
10 based on business records, is hearsay upon hearsay and totally fails to establish a
11 factual basis for the denial of the permit to IRS. As quoted by the City's attorney,
12 hearsay evidence may be used in administrative hearings for supplementing or
13 explaining other evidence, but shall not be sufficient in itself to support a finding
14 unless it would be admissable over objection in a civil action. Government Code
15 § 11513(c).
16 California law does have a "business records" exception to the hearsay rule.
17 The minimum elements necessary in order to establish that certain business records
18
may be admitted despite the fact that they contain hearsay, are the following:
19
(1) The writing must have made at or near the time of the act, condition or
20
21 event, and in the regular course of the activities of the city. Evidence Code § 1271.
22 In this instance, the listing of alleged violations was not made at or near the time
23 of the event, because Mr. Sankey testified that the preparation of the list of alleged
24 violations was made in response to his request to determine if any violations had
25 been committed by IRS or South Coast Refuse Corporation.
26 (2) The source of information of information, and method and time of
27 preparation must have been such as to indicate its trustworthiness. Evidence Code
28 § 1271. Here, the information was being prepared to enable the Department of
3
1 Public Works to evaluate the granting or denial of a permit to IRS. There is no
2 evidence whatever, directly or circumstantially, that the information was prepared in
3 a manner which would indicate its trustworthiness. Rather, given the lack of proof,
4 and lack of original business records used to support the alleged violations, and the
5
generality of the material presented in the list, such information is untrustworthy.
6
(3) The custodian of the business records must testify to the genuineness of
7
the records. Evidence Code § 1271. No such custodian ever testified as to the
s
9 genuineness of the alleged records.
10 Since none of the required elements for admitting business records were
11 established under California Evidence Code, such information is objectionable in a
12 civil action and, therefore, proof of the alleged violations should be stricken and not
13 considered by the Hearing Officer or the City Council on this Appeal.
14 Although the allegations of any violations were not proven during the hearing,
15 for purposes of this Brief only, assuming.. aruendo, some or all of the allegations
16 of violations were proven, IRS is still entitled to have a permit issued to it for
.17 recycling activities for the reasons described below.
18
19
C.
20
THERE WAS NO OBJECTION TO THE EVIDENCE
21
PRESENTED BY IRS
22
23 At the hearing on August 12, 1993, IRS requested certain documentary
24 evidence to be admitted and considered by the Hearing Officer. All of that evidence
25 was admitted without objection by the City of Huntington Beach. Those documents
26 were listed as Exhibit "A" through "B". Exhibit "A" was the License issued by the
27 City of Huntington Beach, Exhibit "B" was a Permit dated June 10, 1993, Exhibit
28 "C" was a portion of the Contract between Rainbow Disposal and the City of
4
Huntington Beach showing the City receiving 1.25% of proceeds from the operation
of the Rainbow Disposal Transfer Station ("Transfer Station"), Exhibit "D" was the
July 16, 1993 letter from counsel for IRS, and Exhibit "E" was a letter dated August
6, 1993 from counsel for IRS.
Exhibits "A", "B", and "C" are documents prepared by or produced within
the City of Huntington Beach and, therefore, there could be no hearsay objection.
Exhibits "D" and "E" were letters containing both factual information and legal
arguments by counsel for IRS. Since no hearsay objection was made during the
hearing as to any of the exhibits, including Exhibits "D" and "E", any hearsay
objection was waived. As a consequence, the evidence contained in those Exhibits
"A" through "E" is not hearsay, but rather evidence which has been admitted and
which the Hearing Officer is required to consider.
Therefore, given the foregoing evidence which was admitted, the facts
contained in those exhibits is undisputed.. First, in Exhibit "E", there is no provision
in either Chapter 5.40 (governing collection of refuse from drop-off boxes) or Chapter
5.41 (governing collection of recyclable materials) which suggests or provides that
violations of any ordinance of the City of Huntington Beach can or should result in
the withholding of a business license for other activities. Here, the alleged violations
have not been established, and even if they had been established, any violation was
de minimus.
Further, none of the alleged violations arose of, or in any way are related to,
IRS's qualifications to act as a recycler in the City of Huntington Beach. Indeed,
as a permitted recycler, Huntington Beach Municipal Code § 5.41.070 explicitly
provides that the recycler shall gga transport materials to a transfer station for
disposition. Therefore, the alleged violations of failures by South Coast Refuse
Corporation to take material to the Transfer Station is wholly irrelevant and has no
5
1 bearing whatever on IRS's qualification or ability to obtain a license/permit to recycle
2 within the City of Huntington Beach. To reason otherwise would be tantamount to
3 denying a person their right to vote in a Huntington Beach City election due to that
4 person's violations of speeding ordinances within the City of Huntington Beach.
5 As another independent basis for reversing the decision by the Department of
6
Public Works, IRS contends that any alleged violations of the transfer station
7
requirement under Huntington Beach Municipal Code § 5.40.155 have no bearing on
8
this case, since that statute is unconstitutional. That ordinance is unconstitutional
9
10
because, as evidence by Exhibit "C", the City of Huntington Beach profits from the
11 Transfer Station as it is entitled to receive 1.25% of all paid receipts for refuse
12 deposited at the Transfer Station. By requiring haulers, such as South Coast Refuse
13 Corporation, to use the Transfer Station, the City of Huntington Beach is
14 impermissible using its police power to obtain an economic advantage at the expense
15 of our client. By using our client's failure to use the Transfer Station as a pretext
16 to deny the issuance of a recycling permit to IRS (a Division of South Coast Refuse
. 17 Corporation), the City is abrogating its obligations to the public and improperly
18 placing its own proprietary rights first. Hence, the ordinance 5.40.155 advances no
19
legitimate public interest, and the City's profit participation in the Transfer Station is
20
violative of California law. See City of Madera v. Black 181 Cal. 306, wherein the
21
City of Madera was denied the right to conduct a sewage system for profit, since
22
23 all persons in the city were not receiving sewer service, the profits derived from the
24 service and paid by some taxpayers (which profits went into the general fund of the
25 city), improperly lightened the tax burden on those who did not pay for sewer
26 service. Similarly, under the reasoning of that case, the operation of the Transfer
27 Station is illegal and void under California law, or, at the very least, the requirement
28 that all drop-off body haulers take their refuse to the Transfer Station is void. Since
6
1 any failure to use the Transfer Station is excused by virtue of the ordinance requiring
2 same being unconstitutional, any denial of IRS's request for a business license for
3 recycling cannot be based upon such conduct.
4
5 D.
6
NO ORDINANCE OR RULE AUTHORIZES THE DEPARTMENT OF
7
ITRLIC WORKS TO DENY THE APPLICATION FOR A RECYCLING PERMI
9 Both Mr. Sankey and Louis Sandoval tested at the hearing that there were
10 no guidelines, parameters or procedures establishing whether an applicant's request for
11 a permit would be granted or denied. It was also conceded at the hearing that there
12 was no rule or regulation established by the City of Huntington Beach or the
13 Department of Public Works governing the issuance or withholding of applications
14 for permits for recycling. The fact that there are no rules or regulations is contrary
15 to the requirements of the City ordinance. Huntington Beach Municipal Code §
16 5.41.090(c) requires the Director of Public Works to make such rules as may be
17 necessary, reasonable and proper to enforce the provisions of Chapter 5.41 concerning
18
the collection of recyclable materials. This ordinance has been in effect since
19
August, 1992, and no rules or regulations have been established. Without any rules
20
or regulations, the Director of Public Works has no basis upon which to deny a
21
permit.
22
23 Secondly, in the absence of any rules or regulations, the denial of the permit
24 by the Director of Public Works is an arbitrary exercise of his decision-making
25 power. This is contrary to the law. Under California law, the Due Process clause
26 of the State of California Constitution and the Federal Constitution prohibits a city
27 from acting unreasonably or in an arbitrary manner. "Unreasonably" or "arbitrary"
28 is generally defined as not sufficiently justified by public necessity, or too drastic in
7
1 its method. (See Witkin, Constitutional Law, Section 791 and the cases cited
2 therein.) In this case, not only was the decision made without any authority, and
3 discretion exercised in an arbitrary manner, but it was based upon information which
4 was unversed and untrustworthy.
5
For the reasons set forth above, and as supplement to the arguments made
6
during the hearing conducted on August 12, 1993, IRS respectfully requests that the
7
City Council overturn the Director of Public Works' decision to deny the Application
8
9 for a recycling permit to IRS and issue that recycling permit to IRS forthwith.
10
11 Respectfully submitted,
12
13
ALAN BART:i
14
15
16
17
18
19
20
21
22
23
24
25
26
27
SmcowV tWIeaainwM;ef
28
8
1 PROOF OF SERVICE BY MAIL (C.C.P. § 1013(a), 2015.5
PROOF OF FACSIMILE TRANSMISSION
2 (C.C.P. § 1013(a), Rule of Court 2008)
3
4 I am employed in the County of Orange, State .of California. I am over the
5 age of 18 and not a party to the within action; my business address is 19100 Von
6 Karman Avenue, Suite 750, Irvine, California 92715.
7
8 On September 1993 served the foregoing document described as
9 INTEGRATED RECYCLING SYSTEMS' BRIEF IN SUPPORT OF ITS
10 APPEAL on all interested parties in this action by: (i) sending it via facsimile,
11 using 's/ arties' designated teleco ier number, as listed below; and ii placing
P�Y P � P (� ) P g
12
it for collection and deposit in the United States mail at Irvine, California, a true
13
copy thereof, enclosed in a sealed envelope, with First Class postage fully prepaid
14
thereon, addressed as follows:
15
16 ADDRESS(ES): TELECOPIER NUMBER(S1:
17 Mr. Ray Silver (714) 536-5233
18 Assistant City Administrator
City of Huntington Beach
19 2000 Main Street
Huntington Beach, CA 92648
20
Arthur J. Folger, Esq. (714) 374-1590
21 Office of the City Attorney
City of Huntington Beach
22 2000 Main Street, 4th Floor
23 Huntington Beach, CA 92648
24 I declare under penalty of perjury under the laws of the state of California that
25 the foregoing is true and correct. Executed this -� y of SeptEZLE
at
26
Irvine, California.
27
a' 28 L4j—
SHARVO
9
w
ALAN BARTZ �v t'��`�_ VIPy� '�• "t �
A PROFESSIONAL LAW CORPORATION
ATTORNEYS AT LAW P2'9'9'4
s to n
-" THE ATRIUM
19100 VON KARMAN AVENUE „_^ i •+arc::77 "" --
CR Qa � q�,
SUITE 750 5033419 �i,.&c�c^*STAGE w.r
IRVINE, CALIFORNIA 92715
Ms. Connie Brockway
City Clerk
City of .Huntington Beach
2000 Main Street
Huntington. Beach, CA 92648
NOU u1 1997, 10'44 FROM TO �W 3741557 0.02
i
ILAN BARTz,` - �:}iE ATP.1U-M
,'!.P(70FE5S�NItL CORGOiixum
i G4mN N AVENUE.SUITE 750 W'RSTEP+'S CIRECT 7ELEFFzONE NUMBER:
. - TC N2 �. �=f i.i t. - ::�--.�..7`•h13 t9 LG-!�'3'F3 _ - ,
f
4 t`l 43 374---150
Ms. Connie
is ..
P city Clerk
iMITT )) OF
000 Main Street
I-T'I;ntingtan Beach, C.
Re: integrateU Recycling sysve,'
Dear Ms. Brockway:
' Integrated Recycling Systems as authorized our offices to d ismk.
the appeal of Ixat Mgr ted Recycling systems :prom the decision of '��a
.Silver, yh ch appeal is presently scheduled to be heard on November
1, 1093 before the City Wancil 'of the City of Huntington Beach.
ARfi
7�IstI3 f
r >
tF t CP
A /s j a
7D ` s,
NOV-01-1993 10:44 FROM TO 3741557 P.01
BARTZ, K NUPPEL & CHUN
Attorneys at Law
ALAN BARTZ, THE ATRIUM
A vroren;o(W CorponOM ARMAN AVENUE. SUITE 750 wxi s Ez cr TEU7HONE rauwaEr
NEIL W. KNUf PEL :AI.FCRNA 92.7I 5-1 S39
TOM S. CHUN "C)NE (71 4) 752-8090
_,I'^IU: 014) 752214E
FACHIXT''F -TRANSMISSION MEMO12Aid`J'UM
Connie
CITY OF HUNTINGTON BEACH
FROM. Alan Evart.
PAX NO: (7 11 4) 374-1._557--- - - -
(_•T,TF�NT:..--1Vnttegrated Recy_qj_.jI1.� _terqs
MA'TTFI: ._ _. 3t-'�_'---iz 1 .._off t.cy----1 �.99.
--
DATE: November 1 . 1993
J.
NUMBER OF PAGES INC.LUDTNG THT'
MEMORANDUM:_.___-2-__-- -- --.
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PLEAS L CONTACT .-__-- SLy$AN_ 7M ':1:�IATELY AT ("i'i.4) 752-8090 ..
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' CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: Michael T. Uberuaga, City Administrator
FROM: Gail Hutton, City Attorney
DATE: November 13 , 1992
.SUBJECT: Integrated Recycling Systems Appeal /)O�"
Agenda Item C-1 '
The applicant has requested a continuance of this appeal . For
various legal and equitable reasons, we agree that it should be
continued to a date uncertain.
Recommendation
Continue item C-1 to a future date uncertain. Notify the
applicant when the new date has been established.
xz
Gail Hutton
City Attorney
cc: Lou Sandoval, Director of Public Works
C
NOV-04-1992 17:52 :FROM BARTZ CARLTON CHUN TO 3741557 P.02
ALAN BARTZ
A PRCrE i•; riA_ _r.'A CORPCn47'(N
ATTCANEI'S Ar LAW /
ALAN EIAnTZ r.1_ a,�'�M TF L EP HONE
NEIL. W. KNUAoEL r9rp0 V011 —r—AN AVENUC 1 1 752-H090
SU;re. 5 rAK
7iar ?52-2!nr
L$VINR. C:V.IIYJ[ZN1A �47t
November 4 , 1992
VIA FACSIMILE AND FIRST CLASS MAIL
(71.4) 374-1557
x
City Council
City of Huntington Beach
2000 Main Street -�
P.O. Box 190 ti-
Huntington Beach, CA 92658 `s
Attn: Connie Brockway
Re: Administrative Hearing - Appeal to Denial of Business"'ticense
- Integrated Recycling systems
Dear Ms. Brockway:
This firm is counsel for Integrated Recycling Systems and planned
to appear with witnesses and on November 16 , 1992 before the
City Council of Huntington BeacF: .
On November 3 , 1992 , my key witness for Integrated Recycling
Systems received notice that she must attend and appear in a public
meeting on November 16 , 1992 hefore another city council . As a
consequence, we request a short continuance wherein the above-
referenced matter can be heard before the City council .
If you or your staff could contact me at the earliest possible
time, we can arrange our schedule and that of our witnesses to
reset the date for this important hearing. Accordingly, we will
not physically be present on ?try umber 1.6, 199? but will. await your
response to this letter.
i
Thank you in advance for your anticipated courtesy and cooperation
in rescheduling this matter. .
sincerely,
ALAN BARTZ ,
A Professional Law corporation
By: /
ALAN BARTL �
AB/dss
cc: Integrated Recycling Systems
---- - TOTAL P.02
r--
REQUEST FOR CITY COUNCIL ACTION
September 8, 1992
Date
Submitted to: Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administrator
Prepared by: y
Louis F. Sandoval, Director of Public Works
Subject: APPEAL FROM INTEGRATED RECYCLING SYSTEMS
Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception
X
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments:.
STATEMENT OF ISSUE:
Integrated Recycling Systems, also known as South Coast Refuse Corporation, is appealing
a ruling of the City Administrator made pursuant to Chapters 5.04 and 5.40 of the
Huntington Beach Municipal Code.
RECOMMENDATION:
1. Deny the appeal and uphold the City Administrator's ruling.
2. Approve findings- for denial as stated in the communication of the Deputy City
Administrator, Richard Barnard, dated April 16, 1992.
ANALYSIS:
In 1975, again in 1980, and once again in 1990, the City Council granted the Rainbow
Disposal Company an exclusive franchise for the collection of all commercial refuse
generated within the City of Huntington Beach. However, since the passage of the
Integrated Waste Management Act of 1989 (AB 939), a number of refuse haulers have
attempted to violate that franchise by presenting themselves as "recyclers".
Last December South Coast Refuse Corporation, doing business as Integrated Recycling
Systems (I.R.S.), placed a three-cubic-yard bin at two separate "fast food" locations within
the City. In that these bins were placed in violation of Section 5.40.030 of the Huntington
Beach Municipal Code, the Director of Public Works ordered their removal and eventual
impoundment in conformance with Section 5.40.100 of the Code.
Prior to the impounding of the two bins, I.R.S. applied to the City Treasurer for a business
license to operate as a "recycler" within the City. The request was denied because staff
viewed it as a "prohibited occupation" under Section 5.04.050 of the Code wherein a
business license cannot be issued for an illegal purpose.
I.R.S. appealed these actions to the City Administrator on February 12, 1992. In
accordance with Section 5.40.070 of the Municipal Code a hearing was held, and on April
28, 1992, the City Administrator denied the appeal.
Din F/Ar.
RCA — Appeal from I.R.S.
August 17, 1992
Page 2
The applicants are now appealing to the City Council to overturn the City Administrator's
ruling. It is their desire that Council grant I.R.S. a permit to conduct business within the
City and release their impounded bins without penalty. In their letter of February 12 1992,
I.R.S. argues that their application should have been granted because ". . . the material
which our firm desires to collect is not material included within the contract granted by the
City of Huntington Beach to Rainbow Disposal . . .".
However, from the provisions of the exclusive contract, it is evident that the City, by
requiring Rainbow Disposal to construct a recycling facility, also seeks to insure control of
the waste stream against intrusions by other refuse haulers. Such an intrusion is now being
attempted by South Coast Refuse Corporation and must be denied.
FUNDING SOURCE•
None. Policy issue only.
ALTERNATIVE ACTION:
Accept the appeal, grant I.R.S. a permit and release the impounded bins without penalty.
ATTACHMENTS
1. Report of Hearing Officer Richard Barnard on appeal by I.R.S. to the City
Administrator (four pages) with four attachments:
a. Application for Business License from I.R.S.
b. Communication from Louis Sandoval to Donald Watson.
C. Letter from Donald Watson to Edward Arakelian.
d. Letter from I.R.S. to Michael Uberuaga (two pages).
2. Letter from the City Administrator denying an appeal by I.R.S.
3. Appeal letter from attorney Alan Bartz on behalf of I.R.S.
4. Chapter 5.04 of the Huntington Beach Municipal Code.
5. Chapter 5.40 of the Huntington Beach Municipal Code.
MTU:LFS:JS:dw
3300g/4
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNIC ON
HUNTINGTON BEACH n
TO: gRicha
fe "amad
City Administrator 7�
FROM: uty City Administrator G
DATE: April 16, 1992 Zg r
K
SUBJECT: Business License Appeal Hearing Regarding Recycling
Trash Drop Off Boxes and Trash Bins
On January 30, 1992, South Coast Refuse Corporation, doing business as Integrated
Recycling Systems (IRS), submitted an application (Attachment number 1) for a business
license for the purpose of placing trash bins at commercial businesses and have those
businesses place into the bins specific types of by-products that the businesses generates.
The by-products currently in question would consist of cardboard, paper, aluminum, and
newspapers, all candidates for recycling. The Public Works Director, Lou Sandoval,
reviewed the business license application and found that the granting of such an
application would be in conflict with the city's current exclusive contract with Rainbow
Disposal (Attachment number 2). On January 22,1992, after receiving input from
Lou Sandoval, Director of Public Works, Don Watson, City Treasurer, prepared and
submitted a letter to Integrated Recycling Systems informing them that their application
for a business license had been denied (Attachment number 3).
On February 12, 1992, Madeline Arakelian, co-owner of Integrated Recycling Systems,
filed an appeal to the decision by the City Treasurer to deny issuing a business license
(Attachment #4).
ISSUES:
In the letter of appeal, submitted by Integrated Recycling Systems, dated February 12,
1992, the following,issues are raised:
1. Integrated Recycling Systems contends that the material that they desire to
collect is not material included within the contract granted by the City of
Huntington Beach to Rainbow Disposal Company, Inc..
2. Integrated Recycling Systems contends that they already have a valid business
license (#A096924).
3. Integrated Recycling Systems contends that the City of Huntington Beach
currently allows a vendor to pick-up computer paper within the City Hall facility
without having to adhere to the contract between Rainbow Disposal and the City
of Huntington Beach. =Given this fact, Integrated Recycling Sysems requests an
explanation why two 3 yard bins belonging to IRS were impounded by Rainbow
Disposal at the request of the City of Huntington Beach.
Based on the foregoing contentions, Integrated Recycling Systems requests that the
decision of the City Treasurer be overturned and that their request for a business license
be granted for recycling materials at commercial locations within the City of Huntington
Beach.
-•IRS Appeal
_April 16, 1992
Page -2-
ISSUE 1
The City of Huntington Beach and Rainbow Disposal Inc. have a contract which grants
Rainbow Disposal a exclusive franchise for the collection of residential and commercial
refuse (Attachment number 5). Under the contract, the term "refuse" is defined as
garbage and solid waste. Commercial refuse is collected in various size trash bins (1 yard,
2 yard and 3 yard bins) which are provided by Rainbow Disposal, Inc.
Under Chapter 5.40 of the Huntington Beach Municipal Code, the Public Works Director is
empowered to grant or deny permits for the placement of trash drop off boxes and trash
bins (Attachment number 6). The testimony during the hearing was that Carl's Jr
Restaurant had made a business decision to reduce the number of trash bins provided by
Rainbow Disposal, Inc. which are currently used to collect refuse, and contract with IRS
for bins in which only-recycled material would be placed. Chapter 5.40.030 calls for a
person who collects trash from trash bins or a trash drop off box to possess a permit issued
by the Director of Public Works. IRS has no such permit.
The primary reason the City Treasurer decided not to grant a business license to IRS was
his belief that to do so would violate the city's exclusive contract with Rainbow Disposal
Company. In reviewing the contract between Rainbow and the city, there is no explicit
prohibition against a business coming into the city and applying for a city business license
to carryout commercial recycling. However, one can imply from the provisions of the
exclusive contract, that the city, by requiring Rainbow Disposal Company to construct a
recycling facility to service the residential, commercial, and industrial needs of the City
of Huntington Beach, would want to insure Rainbow's right to the waste stream that is
generated in the City of Huntington Beach. To protect the large capital investment that
Rainbow is required to commit to under the contract, it is imperative that Rainbow be
provided assurance by the city that their investment be protected and that the recycled
material that the facility is to process is available. Without this assurance it would.not
make good economic sense for Rainbow Disposal Company to agree to, or proceed with,
the construction of a recycling facility within the city. It is clear, to me, that the intent
of the contract with Rainbow Disposal Company was to grant them an exclusive franchise
for commercial refuse pick-up. Trying to circumvent the franchise agreement under the
guise of recycling has the potential to undermine the intent of the City Council when they
granted the franchise to Rainbow Disposal.
During testimony by Jim Sankey, it was indicated that the Public Works Department had
placed a moratorium on the issuance of all recycling permits permitted under Chapter 5.40
until some time in July of 1992. I questioned Mr. Sankey on this point, since I do not
believe that the Public Works Director has the authority to enact a moratorium. Mr.
Sankey indicated that this decision came out of a meeting held by city staff level officials,
but no notice of such a moratorium was provided to anyone until our hearing.
The Public Works Director has the authority under Chapter 5.40.060 of the Huntington
Beach Ordinance Code to grant or deny a permit for the placement of trash bins or drop
off boxes for the purpose of collecting recycled material. This authority pertains to the
issuing of a permit not the issuance of a business license.
-IRS Appeal
April 16, 1992
Page -3-
IRS, the applicant for the business license, appealed to the City Administrator the City
Treasurer's decision not to issue a business license. The denial is based upon the fact that
the Public Works Director determined that the issuance of a business license to IRS would
violate the city's Franchise agreement with Rainbow Disposal Company. After reviewing
the testimony and other supporting documentation I have concluded that the decision of
the City Treasurer should be upheld and the business license not granted.
ISSU 2:
The contention that IRS already has a Business License to do business in the city is only
partially correct. In researching the records, the City Treasurer's Office found that IRS
does not have a business license. However, South Coast Refuse Company has a business
license for providing roll-off and storage containers. The fact that the South Coast
Refuse Company and IRS are owned by the same individuals does not mean that they can
operate beyond the intent of purpose for which the business license was granted.
Therefore, the facts do not substantiate the claim that IRS currently has a valid business
license.
ISSUE 3:
IRS contends that other recycling companies are allowed to operate in the city and are
allowed to pick-up recycled material within commercial establishments without a permit.
They point to the 15 year old practice by the City of Huntington Beach which allows
Dalton Enterprises to place commercial bins in City Hall and have them filled with used
computer paper by city personnel. When the bins are full Dalton picks up the full bins and
replaces them with empty bins. Under Chapter 5.40, Section 5.40.020, the city is
exempted from adherence to Chapter 5.40. IRS also indicated that there are other
locations within the city where this occurs, but did not offer specifics.
While IRS contentions are correct with regard to Dalton Enterprises providing a service to
the city, it must be kept in mind that there is no violation of law by the city and further,
that because IRS may have knowledge of others violating city ordinance it does not give
them a right to do the same. The important point to make is that the City Council has
enacted ordinances and expects that these ordinances will be enforced. Because one can
point to a few examples where enforcement is lacking, it does not mean that the
ordinances can be violated at will. Once the city becomes aware of a violation it is
incumbent upon the city to take actions that will see that the ordinances are enforced.
Therefore, the claim made by IRS that they have a right to be allowed to violate city
ordinances because others are currently violating them does not hold true. The
confiscation of IRS 3 yard bins from a Carl's Jr. Restaurant, at the request of the city's
Public Works Department, was consistent with the provisions of Chapter 5.40 of the
Huntington Beach Ordinance Code.
IRS Appeal
April 16, 1992
Page —4—
A side issue which was raised at the hearing was the manner in which IRS was noticed to
remove its trash bins from Carl's Jr. There was no written correspondence from the city
to IRS indicating a violation of Chapter 5.40 of the Huntington Beach Ordinance Code.
Jim Sankey testified that the city had contacted IRS about the violations on numerous
occasions via telephone. Apparently, IRS chose to ignore the phone call, which resulted in
the 3 yard bins being impounded. Since there was a violation of the Chapter 5.40 I would
recommend that payment of the impound fees by IRS be upheld.
RECOMMENDATIONS•
1. Uphold the City Treasurer's decision to deny the granting of a business
license to Integrated Recycling Systems (IRS).
2. Direct that the two 3 yard bins impounded by the Director of Public
Works Department be released to IRS and that impound fees be paid by
them.
RB:paj
j APPLICATION FOR BUSINESS LICENSE
J' CITY OF HUNTINI' JN BEACH
License Dept. - P.O. Box 711 - 2000 Main Street
HUNTINGTON09ACH Huntington Beach, CA 92648.- Tel. (714) 536-6267
PLEASE TYPE OR PRINT
,8osiness South Coast Refuse- Corp. , A California Corp. , Doing Business + 4 _
Name: As :.Integrated Recycling Systems
,""Business Address: 2021 Business Center Dr. Irvine, Ca. 92715Telephone #714-252-170
�.! Number Street City Zip
✓141a11ing Address: Same Telephone #714-752-263
Number Street City Zip
, BusineptionRec clers/ of Cardboard, paper,Alum. ,News a ers & Etc. That
iffBusiness Y P p
ay 15s reaycldil.
State of California Contractor/Professional License Number
One of the following:(whichever is applicable)
Soc Sec No. Federal ID No. 33-0140465 State ID 254-6193-0
Board of Equalization Permit No. Health Dept. Inspection Permit No.
w,' i_s business is: ( )Individual ( )Partnership (x) Corporation List Owners/Officers:
dward Arakelian/President
Madalgae ArakelianjTres. /Vice.Pres.
Both Owners
✓11'umber of individuals actively involved in business in Huntington Beach:- 3 -
Number
..-lumber of vehicles used to conduct business:Under 1 ton 1 to 3 tons 1 over 3 tons__._.__
✓bate that. you will start business in this City: 1/30/92
w.Z=q�Rn�3��gm�a�eto aA�ROe4.=Ca'3.TIIC.z iCl'Oi>0777C�J7�CO>aQC�1IIpy�>�'39��t�f CRtis diSasaaYe Z,aA='iada�amCss�sa�
LOCAL BUSINESS ONLY: Complete appropriate portion of reverse side of application.
iZo3mnaae`..i'osagangi:?31eD3��lsasnp>.00i 11ma�DRi>•3tG�esga�eiCr1�"s.7>•Q4a�=aaegos�a3alDawati��e�a>l.�ilYai e
No. of Rental Units: (Apts, Motel/Hotel Rooms,Trailer Spaces) Date of Purchase
Rental Equipment(give no.) Passenger autos_Trucks_Trailers (2 whl) (4 whl)
Number of coin operated machines on premises: Music-._ Vending_____,Service Amusement
I hereby decl a under penalty f perjury that the above statements and information are true
11�signature Dat�1/30/92
�'"33iCO0YCgoQ�ma�..::.2ss�n3��aaeC7.7laaa�tt7�4���aa�R.`3�lCsaq`3s=g5t��r.0���30�ti.'C�J•43��0s�a.���CaaeOa�s
FOR OFFICE USE ONLY:
Classification of Business Fee:
Date Certificate of Occupancy filed: Issued
Home Occupation Permit filed: Approved
Licensing period to
REMARKS:
' ' nfff C OF HUNTINGTON ,p►�H
LVTER-DEPARTMENT-COMMUNICA N
MUATINGTON BEACH
To: Donald. L. Watson Prom : Louis F. Sand l
City '1$toaSULer Director Public Works
Subjoct : IIzwmATED Pzc2 mG sysTIIm Date : January 21, 1992
Pursuant to your inquiry, .I haver reviewed the application for business 1.icbnce
from Tntergrated•Fmcycling..Systeni.of *Irvine -and;.hereby. eq,est7 that you deny
same: This -is because•our..exclusive:contract,with Rainbpw"Disposal precludes
crnmercial:recycling,services of- this type .frw,operating within the City of
Huntington Beach.
Under. the broad heading%oi "recycling;" aur•agreeuent allows .local "
•the--.sources "buy-back
centers and
separation:of•d�noLtt�.on debris.. However, camlarcial
recyclers such as, Integrated,are prosaribed: - Individual- business may- recycle
their Mn waste materials, but .they may not utilize the services of outside
collectors to do so.
Thank you for. oonsulting with ma. Please advise the. applicant.to address any
questions on-this matter to my assistant,-Mr. Jim Sankey, -at. (714) 536-5522.
cc: Betty Talker
�. CITY OF HUNTINGTON BEACH
`-{ P.O. BOX 711 cALIFORNIA 92648
CITY TREASURER-DONALD L. WATSON
January 22, 1992
Edward Arakelian, President
Integrated Recycling Systems
.20.21 .Business Center Drive
Irvine, CA 92715
Dear Mr. Arakelian:
Your appli.cation for a city business license has been received and your
request reviewed. Due to the nature of your service, it has been determined
that it would be in conflict with the City's agreement with Rainbow Disposal .
Our exclusive contract with Rainbow precludes commercial recycling services of
this type from operating within the City of Huntington Beach.
Due 'to these factors, your license application has been denied and we are
returning .your check and the application.
If you have any questions, please contact Mr. Jim Sankey at (714) 536-5522.
Sincerely,
Donald L. Watson
City Treasurer
DLW:bb
cc: Jim Sankey
Enclosure
INTEGRATED RECYCLING SYSTEMS ,
t' We Handle The Environment With Care
February 12, 1992
Q
CITY OF -HUNTINGTON BEACH
2000 Main Street FEB 2 1992
P.O. .Box 190
Huntington Beach, California 92648 CITY OF HUNTINGTON BEACH
Attention: Michael T. Uberuaga ADMI(tISTRATIVE WICE
City Administrator
Re: INTEGRATED RECYCLING SYSTEMS .
Dear Mr. Uberuaga:
South Coast Refuse Corp, dba Integrated Recycling Systems filed
with your offices an application for business license for recycling
of cardboard, paper, aluminum, etc. That application was dated
January 30, 1992 and filed on or about that date. We have received
notice that this application has been denied by the Director of
Public Works of the City of Huntington Beach. The undersigned
strongly objects to the denial of this application .for many
reasons. Among those reasons are that the material which our firm
desires to collect is not material included within the contract
granted by the City of Huntington Beach to Rainbow Disposal
Company, Inca ("Rainbow") dated February 5, 1990. Since such
materials are not expressly included within that contract with -
Rainbow, the collection of such materials is permitted by haulers
such as our company.
Moreover, our company has an existing valid business license to
. conduct business in the City of Huntington Beach. The number of
that license is A096924. Interestingly, when our offices contacted
the offices of the City of Huntington- Beach in connection with the
subject application, we were told , that the city does not issue any
recycling permits. Notwithstanding. that, we believed it was good
practice to apply for a license to perform the recycling
activities. We were startled to be denied since many other firms
are presently picking up materials to be recycled. In particular,
the offices of the City of Huntington Beach are now being serviced
by one such recycling firm. If permits or licenses are in fact not
required for recycling, then we would like an explanation as to why
the City of Huntington Beach allegedly requested Rainbow to pick
up two of our three-yard bins located at the Carl' s Jr. locations
at 19512 Beach Boulevard and at 21532 South Brookhurst,
Huntington Beach.
2021 Business Center Drive, Suite 1 14 • Irvine, CA 92715 Tel: (714) 252-1701 • Fax: (714) 474-0892
CITY .OF HUNTINGTON BEACH
February 120 1992 .
Page,-,,.Two.
Ifs a permit is .required- for: retrieval- of..:materials suitable.
for .recycling; we ;believe:we:, have.,:compIied -with all :applicable rules .
and regulations ssued`by"ttie .City- of Huntington. order to
77,
.have such `.permit or: business ..license issued:-.to;_.our. company..
Therefore,, we respectfully . req-iest,that ours application. . .
for_ this license be . reconsidered and the license be. issued,
forthwith. .; . Should .you .need further information or documentation
in:'order .to accomplish..-this, please contact -the undersigned
immediately.
Finally, we request a hearing on this matter in the event you- are
unable to reverse the decision denying. our 'license.
Very. truly -yours,
SOUTH COAST REFUSE CORP. .
dba INTEGRATED- RECYCLING SYSTEMS
By-
f MADELINE LIAN
MA/etc
City
of Huntington Beach
` y 2000 MAIN STREET CALIFORNIA92648
t: "} OFFICE OF THE CITY ADMINISTRATOR
April 28, 1992
Mr. Alan Bartz,
Attorney at Law
19100 Von Karmen Avenue, Suite 750
Irvine, California 92715
Dear Mr. Bartz:
I have reviewed the report of the hearing officer on the business license appeal hearing
regarding recycling trash drop off boxes and trash bins, and I concur with the following
recommendations:
1. Uphold the City Treasurer's decision to deny the granting of a business license
to Integrated Recycling Systems (IRS);
2. Direct that the two, three-yard bins impounded by the Director of Public Works
be released to IRS and that impound fees be paid by them.
Should your client wish to appeal this decision, a written Notice of Appeal must be sent by
registered or certified mail to the City Council within fifteen days of the date of this
letter.
Sincerely,
Michael T. Uberuaga,
City Administrator
MTU/RB:pf
xc: Rich Barnard
Lou Sandoval E C E I V E D
Don Watson
1,1?1 Sankey DEPT.OF PUBLIC WORKS
APR 3 0 1992
MUNTINGTON BEACH. CA
Telephone (714) 536-5202
ALAN BARTZ
A PROFESSIONAL LAW CORPORATION
ATTORNEYS AT LAW
ALAN BARTZ _ THE ATRIUM TELEPHONE
NEIL W. KNUPPEL 19100 VON KARMAN AVENUE (714) 7S2-9090
SUITE 750 FAX
(714) 752-2141
IRVINE, CALIFORNIA 027115
May 5, 1992 ,; !_U/
CERTIFIED MAIL
RETURN RECEIPT REQUESTED C11-y C`I W.
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
2000 Main Street
P. O. Box 190
Huntington Beach, California 92648
RE: NOTICE OF APPEAL of Adverse Decision Respecting
INTEGRATED RECYCLING SYSTEMS
This firm represents South Coast Refuse Corp. , a California
corporation doing business as Integrated Recycling Systems ("IRS") .
IRS hereby files its Notice of Appeal to the City Council of the
City of Huntington Beach of the decision issued by Richard Barnard,
which decision was adopted and confirmed by a letter dated April
28, 1992, from Michael T. Uberuaga, City Administrator, to IRS.
IRS further requests a -hearing before the full City Council, and
respectfully requests the right to introduce such additional
evidence, argument and legal briefs necessary to present its case.
Very truly yours,
ALAN BARTZ,
A Professional Law Corporation
By:
ALAN BARTZ
AB:sj a
cc: Client
Ti. 1 e 5
BUSINESS LICENSES AND REGULATIONS
Chapters:
5.04 General Provisions
5.08 Licensing Procedures
5. 10 Enforcement of Title
5. 12 Exemptions to Provisions
5: 16 Rates
5.20 Ambulance Service
5.24 Massage Establishments
5.28 Dance Halls
5.32 Natural Resources Production
5.34 Gasoline Pricing
5.36 Pawnbrokers. Junk Dealers and Secondhand Dealers
5.40 Collection from Trash Drop Off Boxes and Trash Bins
5.44 Restaurants--Amusement and Entertainment Premises
5.48 Taxicabs--Vehicles for Hire
5.52 Motion Picture Theaters
5.54 Commercial Photography
5.56 Burglar Alarms
5.60 Figure Model Studios
5.64 Bingo Games
5:66 Motor Vehicle Towing Service
5.68 Specific Events
5—.7-Q Adult Entertainment Businesses
5.72 Fortunetelling
5.74 Harmful Matter
Chapter 5.04
GENERAL PROV.I"SIONS
(766-7/60, 838-6/61 , 904-6/62, 1461-2/69,
1924-7/74, 1935-11/74, 2594-2/83, 2679-3/84)
Sections:
5.04.010 Definitions.
5.04.020 Purpose.
5.04.030 Effect on other ordinances.
5.04.040 Effect on past actions and obligations.
5.04.050 Prohibited occupations..
5.04.060 Permit from council required for certain businesses.
5.04.070 Permit--Petition.
5.04.080 Investigation fees.
5.04.090 License not a ,permit.
8/90 _
5.04.010(a)--5.04.01 )
5.04.010 Definitions. .
(a) "Amusement machine" shall mean any mechanical or electronic game,
equipment, machine or device which is played or operated for amusement
or entertainment, wherein a sum of money is charged or collected for
the operation of such machine or .device by means of a coin slot or
otherwise.
(b) "Apartment house," as used in this chapter includes any building, or
Portion thereof, which is designed, built, rented, leased, let or hired
out to be occupied, or which is occupied as the home or residence of
two or more families living independently of each other, in which
building or portion thereof, kitchen or cooking facilities are
incorporated, whether or not the occupants do their cooking in said
building, and shall include flats and apartments. This section shall
not apply where the building or portion thereof mentioned above
consists of two units on a single lot as long as one of such units is
owner occupied.
(c) "Average number of employees," as used in this chapter, includes the
total number of employees in the managing, operating, transacting and
carrying on of any business in the city. The average number of
employees for any business having a fixed location in the city means
the average number of persons employed daily for the twelve—month
period ending on December 31 next preceding the date of license
application and shall be determined by ascertaining the total number of
hours of service performed by all employees during such year, and
dividing the total number of hours of service thus obtained by the
number of hours of service constituting a day' s work, according to the
custom or laws governing such employments, and by again dividing the
sum thus obtained by the number of business days in such year.
Provided, further, that the average number of employees for any
business not having a fixed location in the city means the number of
persons employed daily for the period during which the applicant for a
license conducts such business, and shall be determined by ascertaining
the total number of hours of service performed by all employees during
the three (3) days, .or less, on which the greatest number of persons is
employed, and dividing the total number of hours of service thus
obtained by the number of hours of service constituting a day' s work,
according 'to the custom or laws governing such employments, and again
dividing the sum thus obtained by the number of business days upon
which -the total hours of service is based.
(d) "Bulk—vending machine," as- used in this chapter, means a
nonelectrically—operated vending machine, containing unsorted
confections, nuts or merchandise which, upon insertion of a coin or
coins, dispenses same in equal portions, at random and without
selection by the customer, excluding "vending machines."
(e) "Business," as used in this. chapter, includes professions, trades, and
occupations and all and every kind of calling whether or not carried on
for profit.
8/90
_.04.010(f)--5.04.010(k)
(f) "General building contractor," as used in this chapter, means a
contractor whose principal contracting business is in connection with
any structure built, being built or to be built, for the support,
shelter and enclosure of persons, animals, chattels or .movable property
of any kind_, requiring in ;its construction the use of more than two (2)
unrelated building trades or crafts or to do or superintend the whole
or any part thereof.
(g) "General engineering contractor," as used in this chapter, means a
contractor whose principal contracting business is in connection with
fixed works requiring specialized engineering knowledge and skill ,
including the-following divisions or subjects: irrigation, drainage,
water power, water supply, flood control , inland waterways, harbors,
docks and wharves, shipyards and ports, levees, river control and
reclamation works, railroads, highways, streets and roads, tunnels,
sewers and sewage disposal plants and systems, pipelines and other
systems for the transmission of petroleum and other liquid or gaseous
substances, parks, playgrounds and other recreational works,
refineries, chemical plants and similar industrial plants requiring
specialized engineering knowledge and skill , powerhouses, power plants
and other utility plants and installations, land leveling and
earthmoving projects, excavating, grading, trenching, paving and
surfacing work and cement .and concrete works in connection with the
abovementioned fixed works.
(h) Home occupations. Licenses may be issued for various forms of home
occupations to those persons who have satisfactorily made application
for and have successfully obtained a variance.
(i ) "Hotel , motel or rooming house," as used in this chapter, includes any
lodging house, mote-1 , hotel , rooming house, bungalow court, auto court
or public or private club containing more than three guest rooms or
units, and which is occupied or is intended or designed .for occupancy
by more than three (3) guests, whether rent is paid in money, goods,
labor, services-or otherwise and which is maintained, advertised or
held out to the public as a place where sleeping or rooming
accommodations are furnished to the whole or any part of the public
whether with or without meals.
(j) "Individual ," as used in this chapter, means every person, owner and/or
employee actively engaged in any business in the city of Huntington
Beach.
(k) "Peddler," as used in this chapter, means and includes any person not
having a fixed place of business in this city, who for himself, or as
agent or representative for or of another, goes from house to house,
and place to place, or at or along the streets of this city offering to
sell tangible objects or articles, goods, wares, merchandise or
services, who delivers such object, article, goods, wares, merchandise
or service, in person, to the individual placing the order for the
same, at the time such order is placed and paid for.
8/90
5.04.040(1)--5.04.04 )
(1 ) "Person," as used in this chapter, includes all domestic and foreign
corporations, associations, syndicates, joint stock corporations,
partnerships of every kind, clubs, Massachusetts business, or common
law trusts, societies and individuals transacting and carrying on any
business in the city other than as an employee.
(m) "Solicitors and canvassers," as used in this chapter, means and
.includes any individual not having a fixed place of business within the
city who for himself or as agent or representative for or of another,
in person or .by. telephone or by any other means of communication is
engaged. in the business of going from house to house and place to place
or at or along the streets of this city, offering to sell intangibles,
such as bonds or stock or oil or mining shares or units, or soliciting
or taking orders for future delivery of articles, goods, wares or
merchandise, services or subscriptions inclusive of newspapers,
magazines, periodicals, books and all other publications, and whether
collecting advance payments or not, and inclusive of all persons. who
thus go from place to plac,e, .and from house to house within the city,
in any like or analogous activities, and inclusive of any and all such
persons who may or may not engage in any actual or purported interstate
commerce. The terms "solicitor" and "canvasser" shall not apply to
commercial salesmen, agents and the like who sell or take orders for
the sale of wholesale goods to persons maintaining a fixed place of
business in this city who are licensed as prescribed by this title.
(n) "Specialty contractor," as used in this chapter, also means a
subcontractor and is a contractor whose operations as such are the
performance of construction or other work requiring special skill and
whose principal contracting business involves the use of specialized
building trades or crafts or other specialized techniques and -who is
not classified as a general engineering or general building contractor
by the Department of Professional and Vocational Standards of the State
of California, and those various categories of contractors who are not
required to be and who are not .licensed as "contractors" by the
aforementioned department. The classification assigned to contractors
by the State of California. will be used in determining the fee for
issue of license by this city. A license as a specialty or
subcontractor will not be issued to a person classified by the state as
a general or engineering contractor unless such contractor holds a
valid subor specialty contractor classification license in addition to
his general or engineering .license.
(o) "Vending machine," as used in this chapter, means any weighing,
service, merchandise, food or drink-dispensing machine, or device
wherein a sum of money is charged or collected for the operation of
such machine or device by means of a coin slot or otherwise, excluding
"bulk-vending machines."(766-7/60, 838-6/61 , 904-6/62, 1461-2/69,
1924-7/74, 1935-11/74, 2594-2/83, 2679-3/84)
5.04.020 Purpose. The ordinance codified herein is enacted solely to raise
revenue for municipal purposes, and is not intended for regulation. (766-7/60)
I
8/90
5 .030--5.04.090
_ 5.04.030 Effect on other ordinances . Persons required to pay a license tax
for transacting and carrying on any business under this title shall not be
relieved from the payment of any license tax for the privilege of doing such
.business required under any other ordinance of the City of Huntington Beach,
and shall remain subject to the regulatory provisions of other ordinances.
(766-7/60)
5.04.040 Effect on past actions and obligations. Neither the adoption of the
ordinance codified herein nor its superseding of any portion of any other
ordinance of the city shall in any manner be . construed .to affect prosecution
for violation of any other ordinance committed prior to the effective date
hereof, nor be construed as a waiver of any license or any penal provision
applicable to any such violation, nor be construed to affect the validity of
any bond or cash deposit required by any ordinance to be posted, filed or
deposited, and all rights and obligations thereunto appertaining shall
continue in full force and effect. (766-7/60)
5.04.050 Prohibited occupations. Nothing in this title shall be construed to
permit the conduct- of any trade, business or occupation which is prohibited by
an applicable federal , state or municipal ordinance or regulation, or which
has been declared illegal or to constitute a nuisance by any governmental or
municipal authority. (852-8/61 )
5.04.060 Permit from council required for certain businesses . No license
shall be issued for the conduct of any business which, in the opinion of the
City Clerk or his deputies , would be detrimental to the public health., safety,
welfare or moral standards of the City until a permit shall have first been
obtained from the City Council . (838-6/61 )
5.04.070 Permit--Petition. Whenever any person, persons , firm, copartnership
or corporation desires to open or keep any business for which, in the opinion
of the City Clerk or his deputies , would require a permit from the City
Council , he, she, they or it shall petition the City Council for such permit
in writing. The petition shall set forth the name of the applicant, the
character of the business , the location of the premises where the business is
to be conducted, if a firm or corporation, the names and addresses of all the
officers and parties financially interested in the business , a statement
indicating whether or not alcoholic beverages are to be sold on the premises.,
and list any and all games and amusement machines and devices to be operated
. on the premises . On the hearing of said petition , the council may grant the
permit in whole or in part, may grant a conditional permit, may prescribe
insurance or bond requirements or may reject the petition; and no license
shall be issued thereon except as ordered by the council . (838-6/61 )
5.04.080 Investigation fees . ' Investigation fees may be levied against
business applicants , firms , persons or subsequent employees , when so
designated by the City Administrator and City Council . Said fees shall be
reasonable and based on standards set by the City Administrator and shall be
payable to the City Clerk prior to the police investigation. Fees are not
refundable. (1171-1 /66)
5.04.090 License not a permit. The business licenses issued pursuant to the
provisions of this title constitute a receipt for the license The paid and
shall have no other legal effect. A business license is a requirement,. not a
permit to conduct, manage or carry on any business activity within this city. ,
(838-6/61 )
8/90
5.40.010--5.40.040
t i Scepter 5 44
COLLECTION FROM TRASH DROP OFF_BOXES. AND TRASH BINS
(3047-8/90, 3094-4/91 , 3114-6/91)
Sections:
5.40.010 Intent and Purpose
5.40.020 Definition
5.40.030 Permit Required
5.40.040 Transfer of Permit
5.40.050 Permit Application and Procedure
5.40.060 Issuance or Denial
5.40.070 Appeal of the Action by the Director of Public Works
5.40.080 Appeals to the City Council
5.40.090 Permit Term
5.40.100 Revocation of Permit
5.40.110 Display of Permit
5.40.120 Inspection and Permit Fee
5.40.130 Insurance
5.40.140 Permittee Liability
5.40.150 Acceptance of Permit by the Applicant
5.40.155 Permittee required to use Rainbow Transfer Station
5.40.160 Changes in Permit
5.40.170 Violation -- Penalty
5.40.010 Intent and Purpose. It is the intent and purpose of this Chapter
to establish general operating procedures and standards for trash drop off
boxes and trash bins operating within the incorporated area of this city, to
provide a fair and impartial means of allowing responsible private operators
to provide such service in the public interest. (3047-8/90)
5.40.020 Definitions. For the purpose of this chapter, the following terms
are defined:
(a) "Director of Public Works" means the Director of Public Works of the City
of Huntington Beach. (3047-8/90)
(b) ".Permittee" means a refuse collector who has been granted a permit by the '
City of Huntington Beach. (3047-8/90)
(c) "Trash Bin" means a container used for the purpose of depositing trash for
later collection, or items to be recycled, (3047-8/90)
(d) "Dump off box, drop off box, or D.O.B.", means a container used for the
purpose of depositing trash for later collection or items to be recycled.
(3047-8/90)
5.40.030 Permit Required. It shall be unlawful , except the City or its
authorized representative, for any person to collect trash from trash bins or
trash drop off boxes, or to act in such a capacity either directly or
indirectly without possession of a permit. (3047-8/90)
6/91
5.40.040--5.40.070
_,5.40.040 Transfer of Permit. No license issued pursuant to this chapter
can be transferred by operation of law or otherwise. The following shall be
considered transfers for purposes of this section:
(a) Any change in the business structure of a licensee, including, but not
limited to, changes from or to:
(1 ) A sole proprietorship;
(2) A partnership, including any change in the partners; and
(3) A corporation, including any change in the shareholders, whether by
operation of law or otherwise. (3047-8/90)
(b) Bankruptcy, an assignment for the benefit of creditors, or the appointment
of a receiver. (3047-8/90)
(c) A sale or transfer of over ten (10%) percent of the assets of a licensee.
(3047-8/90)
5.40.050 Permit Application and Procedure.
(a) General . Application for trash bin or D.O.B. permits may be obtained at
the office of the Director of Public Works. Permit application forms and
processing procedures shall be established by the Director of Public
Works. (3047-8/90)
(b) Plans. The Director of Public Works may require such details as deemed
necessary to determine the exact location, nature, dimensions, duration
and purpose of the desired permit. (3047-8/90)
5.40.060 Issuance or Denial .
(a) Approval . Upon finding the requested permit conforms to the provision of
this Chapter, other applicable provisions of the Huntington Beach
Municipal Code, and State and Federal law, the Director of Public Works,
or his authorized agent, shall issue the permit. (3047-8/90)
(b) Denial . If the Director of Public Works finds that the requested permit
is in conflict with any provision of this Chapter or any other applicable
provision of law or the Huntington Beach Municipal Code, the Director of
Public Works, or his authorized agent, shall deny the permit. (3047-8/90)
(c) Time Limit. The Director of Public Works shall approve or deny the permit
within three (3) working days of receipt of the written application for
the permit. (3047-8/90, 3094-4/91)
5.40.070 Appeal of the Action by the Director of Public Works. If any
applicant is dissatisfied with decisions of the Director of Public Works, they
may appeal such decision to the City Administrator. The appeal shall be in
writing to the City Administrator and shall set forth the basis of the
appeal . The City Administrator, or his designee, shall hold the hearing on
the appeal within thirty (30) days of receipt of the written appeal . The City f:
Administrator, or his designee shall render a written decision within thirty
(30) days after the close of the hearing on the appeal . (3047-8/90, 3094-4/91)
6/91
,'.-
,._
5.40.080--5.40.120(a)
5 40 080 Appeals to the City Council .
(a) Any person dissatisfied with any decision of the City Administrator may
file, within fifteen (15) days after such decision is announced at the
conclusion of a hearing, otherwise within fifteen (15.) days after mailing
the applicant or permittee a written notice of the decision by registered
or certified mail , a written Notice of Appeal to the City Council .
(3047-8/90, 3094-4/91)
(b) Within fifteen (15) days of receipt of a Notice of Appeal to the City
Council , the City Administrator, or his designee shall give not less than
ten (10) days' written notice of the date, time, and place of such hearing
on appeal to the appellant, or permittee. The City Council , at a hearing
on appeal , shall consider only the transcript of proceedings before the
City Administrator, or his designee, together with any exhibits received
in evidence during such proceedings;. prov.ided, however, that on
application of any party, the City Council may, in its discretion, permit
the introduction of additional evidence. In either case, the City Council.
may hear and consider additional argument and points and authorities of
law, and may require parties before it to submit such argument and points
and authorities of law prior to rendering any decision. (3047-8/90,
3094-4/91)
5 40 090 Permit Term. The term of the permit shall be as set forth in the
approved permit. A permit may be granted by the Director of Public Works for
a period not to exceed six (6) months from the date of issuance. The Director
of Public Works may terminate a continuing permit by posting a notice on the
trash bin or D.O.B. one (1 ) day, twenty-four (24) hours prior to the date of
termination. The permit term may be renewed or extended at the discretion of
the Director of Public Works. (3047-8/90)
5 40 100 Revocation of Permit. A permit may be revoked at any time at the
option of the Director of Public Works whenever the permittee fails to comply
with or violates this City ordinance, City standards, safety regulations, or
any condition of the issuance of the permit. Upon revocation of the permit,
the permittee shall immediately remove the trash bin or D.O.B. If the trash
bin or D.O.B. is not removed within twenty-four (24) hours after notice is
posted, the city or its authorized representative, may remove and impound the
trash bin or D.O.B. Any and all costs incurred by the City for enforcement of
this Section shall be at the expense of the permittee or violator. Costs
incurred by the City will be deducted from any deposits posted by the
permittee and, if necessary, recovered by legal action. (3047-8/90)
5 40 110 Di _1m of Permit. The permittee shall post in a conspicuous
place upon the trash bin or D.O.B. any permit issued pursuant to this
chapter. (3047-8/90)
5 40 120 Inspection and Permit Fee.
(a) Inspection and permit fee. The amount of the inspection and permit fee
shall be the actual cost of such inspection and permit by the City as
determined by the Director of Public Works, but not to exceed fifty
dollars ($50.00). (3047-8/90, 3094-4/91)
6/91
} 5.40.130--5.40.170(c)
5 40.130 Insurance. Insurance Permittee shall maintain liability and.
workers' compensation insurance in an amount and form as required by the
latest resolution of the City Council for permit applications. (3047-8/90)
5.40.140 Permittee Liability. Permittee shall agree to hold the City, its
officers, and employees harmless from any and all liability, claims, suits or
actions for any and all damages alleged to have been suffered by any person or
j property by reason of the permittee's installation,- operation, maintenance or
removal of the trash bin or drop off box. (3047-8/90)
5.40.150 Acceptance of Permit by the Applicant. Acceptance by the
applicant of the permit shall be conclusive evidence of the reasonableness of
i the terms imposed and shall constitute a. waiver of any right to legislative
determination thereof. (3047-8/90)
5.40.155 Permittee required to use Rainbow Transfer Station. All
permittees shall bring all refuse collected within the City limits of
Huntington Beach to the Rainbow Disposal Transfer Station in Huntington Beach
so that proper compliance can be maintained with the State of California
Integrated Waste Management Act. Violation of this provision may result in
1 revocation of the permittee's license. (3114-6/91)
5.40.160 Changes in Permit. No changes may be made in the location,
dimension, character, or duration of the use as granted by the permit, except
upon written authorization of the Director of Public Works. (3047-8/90)
5.40.170 Violation — Penalty.
(a) Any person who violates any provision of this chapter shall be guilty of a
MISDEMEANOR, and shall be punished by a fine not exceeding five hundred
dollars ($500.00) or by imprisonment not exceeding six months, or by
both. Each day of the existence of any continuing violation shall
constitute a separate offense. (3047-8/90)
(b) If the Director of Public Works determines that a business or corporation
is in violation of any provision of this chapter, he may suspend the
business license of the violator for a period not to exceed one (1) year.
(3094-4/91)
(c) The provisions of this chapter shall be enforced by the Department of
Public Works of the City. (3094-4/91)
6/91
I
CITY OF HUNTING TON BEACH
2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648
Louis F. Sandoval Public Works Department
Director (714) 536-5431
August 11, 1992 .
VIA FAX AND REGISTERED MAIL
Mr. Alan Bartz
Attorney at Law
19100 Von Karman Avenue
Suite 750
Irvine, CA 92715
Dear Mr. Bartz:
The City Administrator has instructed me to reschedule the public hearing before the City
Council requested by your client, Integrated Recycling Systems (I.R.S., a.k.a. South Coast
Refuse) from the evening of Monday, August 17, 1992, to the evening of Tuesday,
September 8, 1992. This is because there are already five other public hearings on the
agenda and it could be well after midnight before the Council would reach your item. I am
sure that everyone would be better served by a hearing held at an earlier hour.
Please advise your client of this change, and note that the hearing will be held at the hour
of 7:00 p.m. or as soon thereafter as the matter may be heard in the Council Chambers at
the Civic Center. Should this date be unacceptable, we would consider moving the item to
a later date in either September or October. If you desire another date, please inform us
by written correspondence by August 31, 1992.
As a gesture of good faith on the part of the City, I am ordering the release of the two
three-cubic-yard I.R.S. trash bins now impounded at Rainbow Disposal pending the
outcome of the appeal. Your client may pick them up anytime during Rainbow's normal
working hours. Any impound fees due on these bins will not be.collected until after the
public hearing.
Sincerely,
Louis F. S ndoval
Director of Public Works
cc: City Administrator
City Clerk
Rainbow Disposal
3303g
ALAN BABTZ
A PROMSSIONAL LAW CORPORATION
ATTORNEYS AT LAW
ALAN ®ARTZ THE ATRIUM TELEPHONE
NEIL W. KNUPPEL 19100 VON KARMAN AVENUE (714) 752-8090
SUITE 7SO PAX
(7141 752-2141
IBVINE. CALIFORNIA 92715 n
7 r, I y 'I 111 rr
LM
May 5, 1992 ... ��
CERTIFIED MAIL
RETURN RECEIPT REQUESTED CITY C'=
CITYC-
i
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
2000 Main Street
P. 0. Box 190
Huntington Beach, California 92648
RE: NOTICE OF APPEAL of Adverse Decision Respecting
INTEGRATED RECYCLING SYSTEMS
This firm represents South Coast Refuse corp. , a California
corporation doing business as Integrated Recycling Systems ("IRS") .
IRS hereby files its Notice of Appeal to the City Council of the
City of Huntington Beach of the decision issued by Richard Barnard,
which decision was adopted and confirmed by a letter dated April
28, 1992, from Michael T. Uberuaga, City Administrator, to IRS.
IRS further requests a hearing before the full City Council, and
respectfully requests the right to introduce such additional
evidence, argument and legal briefs necessary to present its case.
Very truly yours,
ALAN BARTZ,
A Professional Law Corporation
g C
By: — C1
ALAN BAR Z
�y
AB:sja ro omm
co C,
x
cc: Client �^
a
Lar
=n
IV
ALAN BARTZ
A PROFESSIONAL LAW CORPORATION
ATTORNEYS AT LAW
ALAN BARTZ THE ATRIUM TELEPHONE
NEIL W. KNUPPEL M4) 752-8090
19100 VON KARMAN AVENUE
SUITE 750 FAX
(714) 752-2141
IRVINE, CALIFORNIA 92715
1
i
September 8, 1992
i
VIA FACSIMILE AND FIRST CLASS MAIL
(714) 374-1557
City Council of
The City of Huntington Beach
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92658
Attn: Connie Brockway
Re: Administrative Hearing - Appeal to Denial of Business License-
Integrated Recycling Systems (No. 340. 30)
Dear Madams and Sirs:
This firm is counsel for Integrated Recycling Systems and planned
to appear at your hearing, with my client, on September 8, 1992 to
present evidence in connection with the above referenced agenda
item.
Due to an unforseen and urgent problem which has arisen, I must
travel to San Diego County this evening and will not be returning
to my office until late Wednesday.
Kindly postpone this hearing to a date convenient to calendars of
all concerned. We have not previously requested a continuance of
this matter. Your anticipated courtesy and cooperation is greatly
appreciated. Our client does wish to present substantial evidence
and arguments at the hearing and therefore my presence is essential
in representation of Integrated Recycling Systems.
Very truly yours,
ALAN BARTZ,
A Professional Law Corporation
By:
ALAN BARTZ
AB/dss
cc: Integrated Recycling Systems
•,, Je CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
September 9, 1992
Alan Bartz, Attorney at Law
19100 Von Karman Avenue, Suite 750
Irvine, CA 92715
The 'City Council of the City of Huntington Beach at the regular meeting
held Tuesday, September 8, 1992, continued the public hearing regarding
the appeal to denial of business license filed by Integrated Recycling
Systems to the meeting of October 19, 1992 at 7:00 p.m.
If you have any questions regarding this matter, please call 536-5227.
Connie Brockway
City Clerk
CB:bt
(Telephone:714-536.5227)
SEP-08-1992 14:87 ' FROM BARTZ CARLTON CHUN TO 7-741557 P.02
7 _
ALAN BARTZ / 'V
A PROFESSIONAL LAW CORPORATION
ATTORNEYS AT LAW
ALAN BARTZ T"HE ATnIUM rEL.E PI-tPNE
NEIL W. KNUPPEL 19100 VON KARMAN AVENUE 1714) 7S2-9090
SUITE 7SO PAX
(714) 752-2141
IRVINE, CALIFORNIA OQ7I5
September 8, 1992
VIA FACSIMILE AND FIRST CL_1SS MAIL rnN�
(714) 374-1557 -'
co
City Council of -�
The City of Huntington Beach
(�? a-mac
Cn
2000 Main Street o a
P.O. Box 190
Huntington Beach, CA 92658
ry
Attn: Connie Brockway
Re: Administrative Hearing - Appeal to Denial of Business License--
Integrated Reg
vcl.inc3_S_ tIl _ No_ 340. p)
Dear Madams and Sirs:
This firm is counsel for Integrated Recycling Systems and planned
to appear at your hearing, with my on September 8 , 1992 to
present evidence in connection with °.Y_e above referenced agenda
item.
Due to an unforseen and urgent problem which has arisen, I must
travel to San Diego County this evening and will not be returning
to my office until late Wednesday.
Kindly postpone this hearing to a date convenient to calendars of
all concerned. We have not previously requested a continuance of
this matter. Your anticipated courtesy and cooperation is greatly
appreciated. our client does wish to present substantial evidence
and arguments at the hearing and therefore my presence is essential
in representation of Integrated. Recycling Systems.
Very truly yours,
ALAN BARTZ,
.A Professional Law Corporation
By:__
ALAN BARTZ
y�AB/dss
cc: Integrated Recycling Sys•cemS
C'
TOTAL P.02
„1 :.1nP1j'. -rG2 r
CITY OF HUNTINGTON BEACH
2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648
Louis F. Sandoval . Public Works Department
Director (714) 536-5431
November 6, 1992
VIA: FACSIMILE AND FIRST CLASS MAIL
Mr. Alan Bartz
19100 Von Karman Avenue
Suite 750
Irvine, CA 92715
Re: Administrative Hearing - Appeal from Integrated Recycling Systems
Dear Sir:
We are in receipt of your letter dated November 4, 1992, in which you request a third
postponement of the administrative hearing requested by your client, Integrated Recycling
Systems. In that, we have twice deferred this matter at your request (September 8, 1992
and October 19, 1992), and because it was your client who selected the date of November
16, 1992, we are not dispoed to any further delay.
The hearing is scheduled for November 16, 1992, at the hour of 7:00 P.M. or as soon
thereafter as the matter can be heard in the Council Chambers at the Civic Center, and it
shall be heard whether you and/or your client appear or not. This time and date was
confirmed in your letter of September 25, 1992,.and we expect it to be honored. No
further continuance will be granted.
Sincerely,
Louis F. S doval
Director o Public Works
LFS:JS:lb
cc: City Administrator
City Attorney
City Clerk
Integrated Recycling Systems