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HomeMy WebLinkAboutRefuse Collection - 1990-93 - CM: 7/2/90 Trash Drop Off Boxe Akw /ate 4 R.A.SCOTT U N-rY O F Director,General Services Agency 2 1 ROBERT G.LOVE Deputy Director,General Services Agency 5 4. 3 RANGE CHARLES W.WEST Director,GSA/Real Estate GENERAL SERVICES AGENCY REAL ESTATE 14 Civic Center Plaza,Third Floor P.O.Box 4106 Santa Ana,California 92702 (714)834.5503 FAX(714)834.5658 December 14 , 1992 City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 Attention: Dan M. Brennan, Director of Real Estate Services The County of Orange intends to lease a parcel of County land located in the City of Huntington Beach to the Sully-Miller Contracting Company. The lease will allow Sully-Miller to operate a concrete and asphalt recycling operation along the northern boundary of the former Gothard Street Refuse Transfer Station (map enclosed) . Sully-Miller is presently conducting this operation on a parcel of land leased from the City. However, it was recently discover by County staff that the fence for Sully-Miller' s operation yard is encroaching 28 ' onto the County parcel . The lease will eliminate this encroachment . In accordance with Government Code Section 65402 , please determine if the lease of this land is in conformance with the City' s General Plan. To simplify processing , you may check the appropriate space below, sign, date , and return the enclosed copy to me . If you have any questions , I can be reached at 834-5364 . Carolee Condon Real Property Agent Enclosure DETERMINATION: Yes , this project conforms No , this project does not with the General Plan of the conform with the General Plan of City of Huntington Beach. the City of Huntington Beach. City of Huntington Beach: By Date Title � - r r r-- �e, , ">'�` ,r8 .: - �'W�S�+:,t3t�..at:-� '� ��Pr a •!tC�3la1 ,, £ c �w,,�-c--t• t.�_ � .:r � ► ! .(.� � �- �~y=- . . I�,(f J.�'r `'' In 1 ,� i` ''%1 �:�°' `l�' ► Pet it -- '"t(�' 'c I �7- `�. . Id : , ►,, ,J �'x 94 CITY .0 L LY - ILLER .�. . ' ,.,", ��' � I .; � �� A� ��'� t � z6k .:ti :irs• '._ -- i J._• f.�! 1 "1"x� r i ��? AiiJ ,l ,�- �•�, � ��'.r i 1 I " :A.i:- -f fit. - ll 3 Po 1 ice Shoot •i n gRange A,< ACCESS ROAD � Ir •r JA' g 1 -�. s - �,pli 1 c _,• '1=I1-�'„�5 TL' •---- '.`1 r r, . � �� i'� ' � �`' ' � P E ICI I S ES yJ• � t � •i5i 1 1 , -., �•+� t nA,.�u, •_-�1 ('O� - - _-�: r � �a t�i. - � Z- -. I ot'r�?t _ 1rL'nsmwxewmaro- aao 1 • �S J) y, �` ' -� . c� ���• _ Kp1y,'J� _ 4�� tti [ �� - k, �« �� fi) -�- t _.ii6 A; 8 �,� �.C�: � �pp�t�7rw_5; i Jam , jj," •'; ^� erdJtf N �J ' � X r e:: . �` '• ;�C ' t_; ai1�'� >tai . t > ! .s �� :t -.1 ry.� , S?` 9� •kid 7�1�'l,•1,�f't,! '�•; � .'�+ [ > t•`_? Coun04 ty Pt�oPer ty y-�c ` st' T. t k 6 9t m. oi N+ n ; Y t 1 _ +( 1. -`..gyp•..,''` 1 1N :: � J r f' 1 C , i "w"�_ t+�`gy',J`• •L,ly i �•i �1 � ,rA� i. i[ tf7'�.: it- ' Ml .1► 1(,+w," •..,���� _I` /; y- of !` 'r� f< "Y_. ! ,�' b((•--- ``NRR' t i/:. i, -4- •i X ,' .�.,, -»,. -3 ♦ L tij..'i Jf.. .!� .+' ;'j M'f�� �_��.•- ��F� � )�.1-�l'. 1� ��sJC1ll`1/�fi. may- , � 7 ',_- ►..<:'4. ._ .¢*~�$�r' .' -t`' �- � �a¢'.u+i[•'F,ptca. at,�•_, _�+� ..,M_ .. :.r� �" �..( ��. REQUES FOR CITY COUNCIL ACTION Date)uly 19, 1993 Submitted to: Honorable Mayor& City Council Member Submitted by: Grace Winchell, Mayor APPROVED BY CITY COUNCIL, Prepared by: Patricia A. Dapkus, Management Assistant Subject: Protection of County Landfill c cLER Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: Statement of Issue: Rejection of the waste importation plan which would adversely affect all our citizens as well as those of the other Orange County Cities and those of the non-incorporated areas of the County of Orange. Ruornmendatlan: Approve Resolution G SaS declaring that waste importation into Orange County from oudying counties is counterproductive and unacceptable, and protesting such waste importation Into the County landfills. Anal; Under California Assembly Bill 939, enacted in 1989, established aggressive waste reduction requirements for California cities and counties to prolong landfill life. Currently,the Orange County Board of Supervisors are considering the feasibility of importing waste from other counties. This would consume the Orange County landfill space with outlying counties' waste and thereby shorten the useful life of the landfill. In addition,this would unfairly burden the communities of Orange County by increasing traffic congestion, maintenance of county and city streets, create a potential increase to our residents to risk from hazardous materials and result in increased chances for groundwater contamination. Funding Source: N/A Actions:Alternathm None recommended. Attachpgpts: 1. Proposed Resolution 2. Letter requesting support from City of Fountain Valley. 3. Copy of Fountain Valley Resolution. GW:PD:pad No 5/85 \ RESOLUTION NO. 6505 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROTESTING WASTE IMPORTATION INTO ORANGE COUNTY LANDFILLS WHEREAS, the California Legislature enacted Assembly Bill 939 in 1989 , establishing aggressive waste reduction requirements for California cities and counties to prolong landfill life; and The Orange County Board of Supervisors and the Orange County Integrated Waste Management Commission are now considering the feasibility of importing waste from other counties, which would consume Orange County landfill space with outlying counties ' waste; and The importation plan proposes receiving about 5, 000 tons/day of imported waste, generating a new revenue source for the County of Orange, but which would be borne by city constituents in their refuse bills, covering such increase expenses as hauler delays, and in many cases, longer landfill trips; and The importation plan would be an unfair burden for Orange County communities which would have to bear additional traffic congestion and increased maintenance costs for city streets; and JCB434 1 Waste importation from outlying counties poses the potential risk of greatly increased chances for receiving hazardous materials in local landfills, and the resulting increased chances for groundwater contamination; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows : That waste importation in Orange County from outlying counties is counterproductive and unacceptable, and that the city protests importing waste into the county landfills . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of July 1993 . Mayor• ATTE APPROVED AS TO FORM: &;VrZ/' City Clerk g/g�r_7 City At eqZ ney jl,�A �/�/jam REVIEWED, INITIATED AND APPROVED: C' y Administrator JCB434 2 Res. No. 6505 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the I-9th day of July 19 93 by the following vote: AYES: Councilmembers: Robitaille, Bauer, Moulton-Patterson, winchell, Silva, Sullivan, Le;Dzig NOES: Councilmembers: None ABSENT: Councilmembers: None City Clerk-and ex-officlor Clerk of the City Council of the City of Huntington Beach, California P1T,4�,y CITY OF FOUNTAIN VALLEY - r�n CITY HALL 10200 SLATER AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 oQ4y. . ��s FROM THE OFFICE OF THE MAYOR ECOUN?V May 10, 1993 The Honorable Harriet Wieder Orange County Board of Supervisors 10 Civic Center Plaza Santa Ana, CA 92701 Dear Supervisor Wieder:As you may know, at the May 4, 1993 City Council meeting, the Fountain Valley City Council, adopted Resolution No. 8561, "A Resolution of the City Council of the City of Fountain valley Protesting Waste Importation into orange County Landfills." Although waste importation, and the easy revenue it could produce, appear attractive in the short-term, such a move is highly counter- productive because waste importation: (1) defeats the AB939 goal of preserving landfill space; (2) would result in Orange County cities having to further reduce their waste streams so that the County could provide room for waste from outlying counties; (3) increases the risk of hazardous material deposits and, therefore, groundwater contamination (this poses an extra hazardous risk if waste is from counties that do not offer household hazardous waste collection programs) ; and (4) is an outrageous, unfair burden for Orange County communities to bear additional traffic on local streets (and the expensive street maintenance) to accommodate Los Angeles and San Diego Counties. At the most recent Orange County Integrated Waste Management Commission meeting, County staff was directed -- by a mere one- vote margin -- to seek proposals from non-Orange County waste haulers for importing waste into Orange County landfills. County Integrated Waste Management Department staff indicate that the price bidding would begin at about $33 .50/ton for imported waste. This amount certainly does not seem competitive with current Los Angeles County prices (e.g. , Puente Landfill gate fees are $15.94/ ton; BKK. in West Covina gate fees are prices are $17 .86/ton) . Supervisor Wieder Letter Protesting Waste Importation May 10, 1993 Page 2 Even beyond the reasons specified above, the City of Fountain Valley is opposed to the waste importation plan because the City has already committed (and in some cases completed) : (1) AB939- required studies; and (2) development and implementation of the Source Reduction and Recycling Element and Household Hazardous Waste Element. Further, it is improbable, based on the prices above, that outlying cities would even choose to import! THE WASTE IMPORTATION PLAN IS MERELY A FAQADE. Even if imported waste "seems" attractive because it would "stabilize gate fees" for five years, customer refuse bills may continue to rise because of: (1) possible longer waits for haulers at landfills; and (2) the resulting increased labor, fuel and truck maintenance costs. Selling out our future landfill space, increasing the risks of groundwater contamination, maintaining local surface streets at huge costs to Orange County municipalities -- all for the convenience of outlying counties -- can be avoided . it just takes your opposition. The Fountain Valley City Council urges you to reject the waste importation plan, which would adversely affect all of our constituents, regardless of the municipalities, non- incorporated areas, or Supervisorial Districts in which they live. Sincerely, Laurann Cook Mayor LC/sl RESOLUTION NO. 8561 A RESOLUTION OF-THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY PROTESTING WASTE IMPORTATION INTO ORANGE COUNTY LANDFILLS WHEREAS, the California Legislature enacted Assembly Bill 939 in 1989, establishing aggressive waste reduction requirements for California cities and counties to prolong landfill life; and WHEREAS, the Orange County Board of Supervisors and the Orange County Integrated Waste Management Commission are now considering the feasibility of importing waste from other counties, which would consume Orange County landfill space with outlying counties waste; and WHEREAS, the importation plan proposes receiving about 5,000 tons/day of imported waste, generating a new revenue source for the County, but which would be borne by City constituents in their refuse bills, covering such increased expenses as hauler delays, and in many cases, longer landfill trips; and W8$RFAS, the importation plan would be an unfair burden for Orange County communities which would have to bear additional traffic congestion and increased maintenance costs for City streets; and RESOLUTION NO. 8561 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY PROTESTING WASTE IMPORTATION INTO.-ORANGE .COUNTY LANDFILLS (continued) WHEREAS, waste importation from outlying counties poses the potential risk of greatly increased chances for receiving hazardous materials in local landfills, and the resulting increased chances for groundwater contamination;, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fountain Valley that waste importation into Orange County from outlying counties is counterproductive and unacceptable, and that the City protests importing waste into the County landfills. PASSED AND ADOPTED, this 4th day of May 1993. Laurann Cook Mayor ATTEST: J. . Palaz City Clerk �4"Im CITY OF HUNTINGTON BEACH ce INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: CONNIE BROCKWAY, City Clerk FROM: Art Folger, Deputy City Attorney DATE: July 8, 1992 SUBJECT: Ordinance No. 3150 Attached is the corrected original of Ordinance No. 3150 . The ordinance was corrected for typographical errors. ART FOLGER Deputy City Attorney AJF:K ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.40, SECTION 5.40 . 170 OF THE HUNTINGTON BEACH MUNICIPAL CODE WHEREAS, the City Council of the City of Huntington Beach has approved an Integrated Waste Management Plan, in which the collection of recyclable materials is a major element; and The City Council now wishes to clarify and update the definition and composition of the Municipal Code of the City of Huntington Beach as it relates to waste and trash management. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 5.40. 170 of the Huntington Beach Municipal Code is hereby amended to read as follows (new text is in bold type) : 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) . Each day of the existence of any continuing violation shall constitute a separate offense. (b) The Director of Public Works shall make such rules as may be necessary, reasonable and proper to enforce the provisions of this chapter. (c) The provisions of this chapter shall be enforced by the Department of Public Works of the City. (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 Sections 5.40.070 and 5.40.080 of this chapter AJFk 4/92139 1 SECTION 2. This ordinance shall take effect thirty (30) days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1992. Mayor ATTEST: APPROVED AS TO FORM: ni lay u � City Clerk City PAttorney 4-} -�--A gZ REVIEWED AM APPROVED: I �TIATED t4AP ROV D: "'City Admi s rator Directo of Public Works AFJk 4/92139 2 STATE OF CAUFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; 1 am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of Cafffomia, and that attached Notice is a true and PUBLIC NOTICE complete co printed and published in LEGAL NOTICE P PY as was P ORDINANCE the Huntington Beach and Fountain Valley NO.3150 "AN ORDINANCE OF issues of said newspaper to wit the issue(s) of: THE CITY OF HUNTING. • TON BEACH AMM ENDING CHAPTER •5.40, SECTION • 5.40.170 OF THE HUN- TINGTON BEACH MUNICI- PAL CODE" SYNOPSIS ORD.3150: Ordinance No. 3150 amends the Huntington July 16, 1992 Beach Municipal Code by amending Chyapter 5.40, Section 5.40.170 of the Huntington Beach Munici- pal Code in order to up- date and clarity the defini- tion and composition of the. Huntington Beach Munick Pal Code as it relates to waste and trash manage- ment; pursuant to the Inte- grated Waste Management Plan in which.the collection of recyclable materials is a major element. The'amendments are to Section 5.40.170 Violation- -Penalty. THE'FULL TEXT OF THE ORDINANCE IS AVAIL- ABLE IN THE CITY CLERK'S OFFICE ADOPTED by the City I declare, under penalty of perjury, that the Council of the City of Hun- P •Jtin gtbn Beach at a regular meeting held Monday, July foregoing is true and correct. 6, 1992, by the following roil call vote: AYES: Councilmembers: 195�� Robitaille, Moulton. Executed on July 16 2 Patterson, Winchell, Silva, j Green,Kelly,MacAllister at Costa Mesa, Cialifomia. NOES: Councilmembers: None ABSENT: Councilmembers: None CITY OF HUNTINGTON Signature BEACH, Connie Brock- Way,City Clerk Published Huntington Beach Independent July 16,1992 073_906 PROOF OF PUBLICATION 8F1° `� STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a r PUBLIC NOTICE principal clerk of the HUNTINGTON BEACH LEGAL NOTICE INDEPENDENT a newspaper of general ORDINANCE 9 . _'NO.3149, circulation, "- and published in the C• of "AN ORDINANCE O P Pu "! )THE CITY OF HUNTING; TON BEACH AMENDINQ Huntington Beach, County of Orange, State of CHAPTER, 8.20 OF THE HUNTINGTON BEACH'MU California, and that attached Notice is a true and NICIPAL CODE ,PERTAIN! ING TO REFUSE COLLEC t complete copy as was printed and published in iTION AND DISPOSAL. SYNOPSIS ORD.3149: the Huntington Beach and Fountain Valley The. City Council of the issues of said newspaper to wit the issue(s) of: City of Huntington Beach approved an Integrated Waste Management Plan in which the collection of re- cyclable materials is a major element. Thus the Huntington Beach Mud nicipal Code as it relates to refuse and waste and trash management is clarified by Ord. No.3149.The titles of A.UrT11 S t'" 27 , 19 9 2 the sections which are amended/ added are as follows:, 8.20.010 Definitions 8.20.015 Residential Curb- sloe Collection Charge 18.20:080 Container — Im- proper substances. 8.20.150 Disposal meth-I I ods. 8.20.035 Owner liable for premises. 8.20.120 Collection -- ex- cluded refuse. 8.20.260 Violation--penalty THE FULL TEXT OF THE ORDINANCE IS AVAIL- ABLE IN , THE CITY i CLERK'S OFFICE - ADOPTED by the City Council of the City of Hun- tington Beach at a regular I declare, under penalty of perjury, that the meeting held Monday, July foregoing is true and correct. r 1992, by the following roll call vote: AYES: Councilmembers: Robitaille, Moulton- Patterson, Winchell, Silva, AurTu S t 2 7Executed on 1 99? Green,MacAllister,Kelly NOES: Councilmembers: at Costa Mesa, Cafifomia None ABSENT: Councilmembers: None CITY OF HUNTINGTON BEACH, Connie Brock- way,City Clerk Signature Published Huntington Beach Independent July 16,1992 073.608 Amended:'publication Au-, i gust 27,1992. ( 084-177 PROOF-OF PUBLICATION ZU STATE OF CAUFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or - - interested in the below entitled matter. I am a pus�ec;r�o'jcE;, + principal clerk of the HUNTINGTON BEACH ES�iDiNAtJI'`i:" INDEPENDENT, a newspaper of general 'AN.4OR15INANC@ 0E� THE CITY: OF HUNTING. d imilation, printed and published in the City of TON BEACH AMENDING �+,, CHAPTER 8.20, OF THE Huntington Beach, County of Orange, Slate of HUNTINGT,ON BEACH MUtl �• •"I g NICIPAL,,CODE PERTAIN= Cafffomia, and that attached Notice is a true and lO, To,REFSPO A LLC.' 1loN.AtvD plsPoSaL.- >:. complete co as was printed and ubfished in The"SYN Cit I ORD.ul of p PY P P The" � counca or the the Huntington Beach and Fountain Valle Y ppro approf,Huntington Belch ved an Integretec3 issues of said newspaper to wit the issue(s) of: Waste Managementcollection Plan i Which the collection of re- cyclablo;, materials is a major element. thus-the Huntington Beach.Mum nlcipai Code as it relates.t0 refuse and waste and trash management is clarified by Ord.No.3149.The titles of July 16, 1992 the sections 'which are amended! added .are as follows: „ 8.20.010 Definitions 8.20.015,Aesi4ptlal durb- side Collection-CCharge 8.20.08© Container Itn= proper"substances. 8: 1SG.: Disposal m th- od§: 8.20.035 Owner .liable ifor premises. 8.20.120 Collection -=- ::ex-,� cluded refuse. 8.20.26Q''Vfolatiorr penaltyy' TH Lt.�ULL TEXT OF THE ORDINdANCE IS AVAIL* AB1 e, (N ;,.THE CIT, GLEAIVS,O010E ADOPTti) by ',the Clii Muncif,of the`City of Hun- tington:Beach at a regular meeting held Monday,July penalty perjury, that the r t9a71 by the following I declare under enal ofrou•calVofe: - AYES:, Councilme'mbers: foregoing is true and cornea Robitaitle, . Mouitb'w PBttersbn, Winehell, Silva, Green,MacAllister Executed an J u t y 16 t 9g 2 None ' Couhcilmembers: ABSENT:Counciimembers: at Costa Mesa, Califomia. None CI't`Y',00 HUNTINGTON� BEAC[H,,6onnli Brock" way,City C ik Pubiistr)d HUntingt'oh Beach tndependeht July Signature 16,16s2 - __ 073-908I PROOF OF PUBLICATION REQUES f FOR CITY COUNCIL ACTION Date May 18, 1992 Submitted to: Honorable Mayor and City Council Michael T. Uberuaga, City Administra>oj Submitted by: Prepared by: Louis F. Sandoval, Director of Public Works TRASH BOXES AND BINS Subject: X Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception ,�1 -7�& 3/15-0 Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions, Attachments. STATEMENT OF ISSUE: A modification of Section 5.40.170 of the Huntington Beach Municipal Code is needed to clarify the rule making process. RECOMMENDATION: Adopt the attached ordinance expanding Section 5.40.170 of the Municipal Code by adding thereto new subsections (d) and (e). ANALYSIS: In August 1990, the City Council approved Ordinance No. 3047, creating Chapter 5.40 of the Huntington Beach Municipal Code. This chapter, entitled Collection From Trash Drop Off Boxes And Trash Bins, was part of our response to the mandates of the California Integrated Waste Management Act of 1989. Because the chapter states "the provisions of this chapter shall be enforced by the Department of Public Works of the City," the Director of Public Works has undertaken the task of making and applying general "rules" for,the enforcement,of the code. These rules, which normally govern the technical aspects of service delivery such as bin placement, are necessary to the smooth day-to-day operation of the system. The new ordinance will make it clear that the director.:, is empowered to make such rules as may be necessary, reasonable and proper to enforce the code. FUNDING SOURCE: None. No funds necessary. ALTERNATIVE ACTION: Disapprove the proposed ordinance. ATTACHMENTS: Ordinance No. LFS:JS:lb rs 3227g/2 P10 5/85 y AWmized to Pubes A&wfter"of all kinds ine uft v . pubiia markers by Oame of the Superior court of orange c� Corm raft rin.Nwft r MM4 seowill 2m.1961.and . O A-24831 June 11.19M STATE OF CALMRNIA County of Orange 1 am a.Citizen of the United States_and a resident of the County aforesaid: I am overthe. age of eighteen years, and not a par to or, interested in the below entitled matter. I'am a. principal clerk of the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published In the City of Costa Mesa, County of Orange. State of California, and that PUBLIC NOTICE attached Notice is.a true and complete copy as LEGAL NOTICE was printed and published in the Costa Mesa, ORDINANCE NO.3114 Newport Beach, Huntington Beach, Fountain N O R D I N A N C Ei •,µ. .,�.y AMENDING THE HUNTING-1 Valley, Irvine, the South Coast communities and. TON BEACH ADDING CHAP- TER CODE BY ADDING LagunaCHAP- Beach issues of said newspaper to Hitt TER 5.40,155 REQUIRING ""T"'T"' THE USE OF RAINBOW the issue(s) of: DISPOSAL TRANSFER STATION" SYNOPSIS: Ordinance No. 3114 ime 1 1991 amends the Huntington Beach Municipal Code by adding section 5.40.155 as follows: 5.40.155 Permittee Re- quired to Use Rainbow Transfer Station. All permit- tees shall bring all refuse collected within the city limits of Huntington Beach to the Rainbow Disposal Transfer Station in Hunting- ton Beach so that property compliance can be main- tained--with the State. of Californialntegrated Waste Management Act. Violation, of this provision may result in revocation of the permit- tee's license. THE FULL TEXT OF THE ORDINANCE IS AVAIL- ABLE .IN THE CITY CLERK'S OFFICE ADOPTED by the City Council of the City of Hun- tington'Beach at an regular I declare, under penalty of perjury, that the meeting held Monday, Mng 20, 1991, b the following roll call vote: foregoing.is true and correct AYES: Councilmembers: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, eu Moulton. Patterson Executed on June '�� 1 NOES: Councilmembers: None at Costa Mesa. Califomia. ABSENT: Councilmem- bers: None CITY OF HUNTING- TON BEACH, Connie psi Brockway, City Clerk Published Orange Coast Signature Daily Pilot June•1, 1991 :J Sa317 U PROOPOF PUSUCATION y REQUES . FOR CITY COUNCIL ACTION s/z Date May 6, 1991 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Louis F. Sandoval, Director of Public Works Subject: NEW]MUNICIPAL CODE CHAPTER 5.40.155 Consistent with Council Policy? [x] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: STATEMENT OF ISSUE: The Integrated Waste Management Act of 1989 (a.k.a. AB 939) requires the City to account for the disposition of all waste collected within the City limits. RECOMMENDATION: Adopt the attached ordinance requiring all refuse haulers to deposit waste collected within the City limits at the Rainbow Disposal transfer station located on Nichols Street in Huntington Beach. ANALYSIS: On September 29, 1989, Assembly Bill 939, the Integrated Waste Management Act, was signed into law. This bill totally revised the law governing solid waste management in California, and imposed many new obligations upon all cities. One of these obligations was the requirement that a City accurately account for the disposition of all waste generated within its boundaries. In 1990, the City of Huntington Beach followed the lead of many other agencies and entered into an exclusive contract with the Rainbow Disposal Company for the provision of refuse collection and disposal services. However, under the provisions of the Public Resources Code, this exclusive action could not take full effect for five years. At present there are fourteen legal (i.e. "permitted") haulers of commercial refuse other than Rainbow Disposal operating within the City. None of them are suppling verifiable data to the City as to the composition, disposition or amount of their waste collections. In order to correct this condition and comply with the mandate of AB 939, staff has again followed the lead of other cities and agencies and requests the adoption of the attached ordinance requiring all haulers to discharge their loads at the local transfer station in order to better monitor the waste stream generated in the City. i API O 5/85 �� New Municipal Code Chapter 5.40.155 May 6, 1991 Page 2 FUNDING SOURCE: None. No funds necessary. ALTERNATIVE ACTION: Deny the request and instruct staff how to proceed. ATTACHMENTS: Proposed ordinance amending Chapter 5.40 of the Huntington Beach Municipal Code by creating new section 5.40.155. MTU:LFS:JS:dw 2929g/9&10 ORDINANCE NO. 3114 AN ORDINANCE AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 5 .40 . 155 REQUIRING THE USE OF RAINBOW DISPOSAL TRANSFER STATION The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . Huntington Beach Municipal Code is amended to add Section 5 .40 . 155 as follows: 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 revocation of the permittee ' s license. SECTION 3 . This ordinance shall take effect thirty (30) days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of May , Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney0,�,n RS IEV EWED AND APPROVED: INITIATED D APPROVED: ; =' ity Admi istrator Direct r of Public Works 4-24-qI u,.a No. 3114 r STATE OF CALIFORNIA ) COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the'City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting therof held on the 6th day of May 19 91 , and was again read to said City Council at a regular meeting therof held on the . 20t day of May 19 91 and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton—Patterson NOES: Councilmembers: None ABSENT: Councilmembers: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 30 Qy Authorized to Publish Adverdsements of all kinds including > public notices by Decree of the Superior Court of Orange /.D •; Zv County. Caftmia. Number A-6214. Septertlber 29. 1961, and . A-24831 June 11. 19M STATE OF CAUFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as PUBI.WNor CE was printed and published in the Costa Mesa oRo309 cE NO. New ort Beach Huntin on Beach Fountain AN ORDINANCE 'OF � p ' � + THE CITY OF Valley, Irvine, the South Coast communities and HUNTINGTON BEACH AMENDING CHAPTER Laguna Beach issues of said newspaper to wit 5.40 OF THE HUNTINGTON BEACH the issue(s) of: MUNICIPAL CODE RELATING TO COLLECTION OF TRASH SYNOPSIS: Ordinance! March 1.4, 1.991 No. 3094 amends chapter, 5.40 of the Huntington Beach Municipal Code per- taining to the collection of i trash. Under the new provi- sions, the Director of Pub-! Iic Works will decrease the time to approve or deny a permit from thirty days to three working days and will not require'a cash.deposit to Issue a permit.I.The Di- rector of Public Works may suspend the business li- cense of refuse haulers who fail to obtain a permit for a period not to exceed one year. THE FULL TEXT OF THE '. ORDINANCE IS, AVAILA- i BLE IN THE CITY CLERK'S OFFICE ADOPTED by the City i Council of the City of Hunt- ! I ington Beach at an regular v meeting held Monday, declare' under penalty of perjury, that .:. March 4, 1991, by the fol- 1 lowing roll call vote: foregoing is true and correct. AYES:'Counciimembers: i Winchel, Silva, Green, j Kelly Robitaille,MacAllister . NOES: Councllmembers: Executed on March 14 None ABSENT: Council- at Costa Mesa, Califomi& m e m b e`ns: M o u I t o n- Patterson-1. Huntington Beach, Connie--6iockway, City i Clerk::; Published Orange Coast Sign { Daily.:Pilot March 14,1991. th164 I PROOF ': .= 'UBLICATION REQUER FOR CITY COUNCIL- ACTION3 i -� / Date February 19, 1991 Submitted to: Honorable Mayor and City Council Submitted by: APPROVED By CITY COUNCIL Michael T. Uberuaga, City Administrator/Z& Prepared by: Louis F. Sandoval, Director of Public Works 9 19.91 Subject: Modification of Ordinance No. 3047 cI CL RTC /;e" Consistent with Council Policy? ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE: Some of the provisions of Ordinance No. 3047 (adopted July 2, 1990) have proven impractical when applied to the day—to—day operation of the refuse industry. RECOMMENDATION: Adopt the attached ordinance revising Chapter 5.40 of the Huntington Beach Municipal Code as created by Ordinance No. 3047. ANALYSIS: Ordinance No. 3047 was adopted in response to needs arising from the Integrated Waste Management Act of 1989 and our new refuse collection contract with Rainbow Disposal. However, because of complaints received about the ordinance, the Director of Public Works held a series of meetings with representatives of the refuse industry and developed the attached revision. Under the new provisions, the Director will decrease the time to approve or deny a permit from thirty days to three working days and will not require a cash deposit to issue a permit. He will, however, be able to suspend the business license of refuse haulers who fail to obtain a permit for up to one year. Other corrections in the text include changing all references to the "City Manager" to "City Administrator" and renumbering the code sections to account for the deleted "cash deposit" section. FUNDING SOURCE: None. No funds required. ALTERNATIVE ACTION: Do not amend Chapter 5.40 and retain the current system. ATTACHMENTS: New Ordinance Revised Copy with corrected Text MTU:LFS:JS:dw 2776g/12 P10 5/85 9 ORDINANCE NO. 3094 ;w AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5 .40 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO COLLECTION OF TRASH NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain: SECTION 1 : That Section 5 .40 . 060 (c) of the Huntington Beach Municipal Code is hereby amended to read as follows : (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 . SECTION 2 : That Section 5 . 40 . 070 of the Huntington Beach Municipal Code is hereby amended to read as follows : 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 . SECTION 3 : That Section 5 . 40 . 080 of the Huntington Beach Municipal Code is hereby amended to read as follows : 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 . (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 Ordinance No . Page 2 II=u appeal, shall consider only the transcript of proceedings before f `. the City Administrator, or his designee, together with any �T.`. 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. SECTION 4 : That Section 5 .40 . 120(a) of the Huntington Beach Municipal Code is hereby repealed, and that Section 5 .40 . 120 is hereby amended to read as follows : 5 .40 . 120 . 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) . SECTION 5 : That Section 5 .40 . 170(b) of the Huntington Beach Municipal Code is hereby amended to read as follows : (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 violater for a period not to exceed one year . SECTION 6 : That Section 5 .40 . 170(b) of the Huntington Beach Municipal Code is hereby amended by adding subsection (c) , which subsection reads as follows : (c) The provisions of this chapter shall be enforced by the Department of Public Works of the City. SECTION 7 . This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council .o..f_ the City of Huntington Beach at a regular meeting thereof held afi the"�gth d y of _ March 1991 . ' Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney I .mil -i- r/ :i REVIEWED AND APPROVED: IN TIATED D APPROVED: City dministr.ator Director of Public Works urdo No. 3094 #' STATE OF CALIFORNIA ) COUNTY OF ORANGE- ss: CITY OF HUNTINGTON BEACH ) I , CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-offi::io rlprk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting therof held on the 19th day of February 1991 , and was again read to said City Council at a regular meeting iherof held or) tiie 4th day of March 1° 91 and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: MacAllister, Winchell, Silva, GrPen, KP11Y, Robitaille NOES: Councilmembers : None ABSENT: Councilmembers: Moulton-Patterson City Clerk and ex-officie Clerk of the City Council of the City 1l of Huntington Beach, California tr L. Authorized to Publish Advertisements c, kinds including public notices by Decree of the Superior Court of Orange County, California, Number A-6214, September 29, 1961, and A-24831 June 11, 1963 STATE OF CALIFORNIA County of Orange am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the ORANGE COAST DAILY -- PILOT, a newspaper of general circulation, PUBLIC NOTICE I LEGAL NOTICE printed and published in the City of Costa Mesa, ORDINANCE County of Orange, State of California, and that "AN o DI AN4CE of THE`i attached Notice is a true and complete copy as CITY OF HUNTINGTON BEACH AMENDING THE was printed and published in the Costa Mesa, HUNTING NICIPAL CON BEACH MU- ICIPA CODE BY ADDING A NEW CHAPTER 5.40 RE- Newport Beach, Huntington Beach, Fountain LATING TO COLLECTION FROM TRASH DROP OFF Valley, Irvine, the South Coast communities and BOXES AND TRASH BINS. SYNOPSIS: Said Ordi- Laguna Beach issues of said newspaper to wit nance No.3047 amends the Huntington Beach Municipal the issue(s) of; Code to include: 5.40.010 Intent and Purpose. 5.40.020 Definitions. 5.40.030 Permit Required, 5.40.040 Transfer of Per- mit. July 13, 1.990 5.40.050 Permit Appli- cation and Procedure. 5.40.060 Issuance or De- nial. 5.40.070 Appeals 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 Per- mit. 5.40.120 Required De- posits. 5.40.130 Insurance. 5.40.140 Permittee Liab- ility. 5.40:150 Acceptance oft Permit by the Applicant. 5.40.160 Changes in Per- mit. 5.40.170 Violation—Pen- I declare, under penalty of perjury, that the ally. This ordinance shall take effect thirty(30)dayus•after foregoing is true and correct. its passage. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE July 13 0 IN THE CITY CLERK'S OF- Executed on - , 1 gg FICE ADOPTED by the City at Costa Mesa, California. Council of the City of Hunt- ington Beach at an regular meeting held Monday, July }2, 1990,by the following roll V call vote: AYES: Councilmembers: Signature Macallister,Winchell,Green, Mays, Bannister, Silva, Erskine NOES: Councilmembers: None ABSENT: Coun- cilmembers:None ABSTAIN: Bannister, Erskine PROOF OF PUBLICATION CITY OF GTON BEACH, Connnieie B Brorockway, City Clerk Published Orange Coast Daily Pilot July 13, 1990 F637 • DPCo. REQUES f FOR CITY COUNCIL ACTION Fv Date June 18, 1990 Submitted to: Honorable Mayor and City Council �ua Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Louis F. Sandoval, Director of Public Works Subject: TRASH DROP OFF BOXES 1 � V Consistent with Council Policy? ] Yes ( ] New Policy or Exception 30 7 Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: The adoption of our new refuse agreement necessitates the creation of an ordinance regulating "drop off boxes." RECOMMENDATION: Approve the attached.ordinance establishing a permit system for the provision of "drop box" refuse services. ANALYSIS: On February 5, 1990, the City Council entered into an exclusive contract with Rainbow Disposal for the provision of solid waste services within the City of Huntington Beach. This agreement included all refuse collected by use of "drop off boxes." However, under the provisions of state law, any hauler who has been licensed to provide said boxes for three full years prior to date of an exclusive agreement may continue to provide them for five years beyond that date. In order to regulate and control the continued delivery of drop boxes from a dozen different vendors over the next five years, the Public Works Department is requesting the adoption of the attached "drop body ordinance." This ordinance, which will establish a permit system for drop box services and ensure that City insurance, maintenance, and traffic standards are met by all vendors, is modeled on the one now in place in the City of Orange. FUNDING SOURCE: None. No funds necessary. ALTERNATIVE ACTION: Do not regulate drop off boxes. U" A HMENT ATT :C S Proposed ordinance. MTU:LFS:JS:dw 2446g/7 PI O 5/85 ORDINANCE NO. 3047 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNT.INGTON BEACH MUNICIPAL CODE BY ADDING A NEW CHAPTER 5 .40 RELATING TO COLLECTION FROM TRASH DROP OFF BOXES AND TRASH BINS WHEREAS, the City Council of the City of Huntington Beach wishes to amend the Huntington Beach Municipal Code by adding Chapter 5 .40 relating to collection from trash drop off boxes and trash bins , NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows : SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by adding Chapter 5 . 40 to read as follows : Chapter 5 . 40 COLLECTION FROM TRASH DROP OFF BOXES AND TRASH BINS a 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 Required Deposits . 5 . 40 . 130 Insurance. 5 . 40 . 140 Permittee Liability. 5 .40 . 150 Acceptance of Permit by the Applicant . 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 . -1- 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. (b) Permittee means a refuse collector who has been granted a permit by the City of Huntington Beach. (c) Trash Bin means a container used for the purpose of depositing trash for later collection, or items to be recycled. (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 . 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 . 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. (b) Bankruptcy, an assignment for the benefit of creditors , or the appointment of a receiver . (c) A sale or transfer of over 10 percent of the assets of a licensee . 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 . (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 . 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 -2- J Director of Public Works , or his authorized agent, shall issue the permit . (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 . (c) Time Limit . The Director of Public Works shall approve or deny the permit within thirty (30) days of receipt of the written application for the permit . 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 Manager . The appeal shall be in writing to the City Manager and shall set forth the basis of the appeal . The City Manager, or his designee, shall hold the hearing on the appeal within thirty (30) days of receipt of the written appeal . The City Manager , or his designee shall render a written decision within thirty (30) days after the close of the hearing on the appeal . 5 . 40 . 080 Appeals to the City Council . (a) Any person dissatisfied with any decision of the City Manager may file, within fifteen (15) days after such decision is announced at the conclusion of a hearing, otherwise within fifteen j ( 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 . (b) Within fifteen ( 15) days of receipt of a Notice of Appeal to the City Council , the City Manger, 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 Manager , 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. 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 . i 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 -3- • the permit . Upon revocation of the p 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. 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 . 5 . 40 . 120 Required Deposits . (a) Prior to issuance of a permit , the permittee shall deposit with the City, cash or a certified or cashier ' s check, in the sum to be fixed by the Director of Public Work, not to exceed five hundred dollars ($500 . 00) , as sufficient to reimburse the City for costs of removal of the trash bin or D.O . B . and for the cost of inspection and permit . (b) 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) . 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 . 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. 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 . 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 . 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 . (b) The provisions of this chapter shall be enforced by the Department of Public Works of the City. (Ord . 1788 , 20 Dec 82 ; Ord. 1688 , 12/71) -4- SECTION 2 . This ordinance shall take effect thirty (30) days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington i Beach at a regular meeting thereof held on the 2nd day of July , 1990 . CITY OF HUNTINGTON BEACH Mayor ATTEST: APPROVED AS TO FORM: City Clerk C' t Attorney REVIEWED AND APPROVED: NITIATED A APPROVED: t City Administrator Director f Public Works City Administrator -5- rd. No. 3047 STATE OF CALIFORNIA ) COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH I , CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular adjourned meeting therof held on the 25th day of June 19 90 and was again read to said City Council at a regular meeting therof held on the 2nd day of July 19 90 , and was passed and adopted by the affirmative vote of at least a majority of - all the members of said City Council . AYES: Councilmembers: MacAllister, Winchell , Green, Mays, Bannister, Silva, Erskine NOES: Councilmembers: None ABSENT: Councilmembers: None City Clerk and ex-off io Clerk of the City Council of the City _:; of Huntington Beach, California CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Distribution From Louis F. Sandoval Director of Public Works Subject Refuse Services Date August 16, 1990 The City Council has granted Rainbow Disposal an exclusive contract for the collection of refuse within the city which includes both "drop bodies" and construction boxes. Please advise your staff of this condition and request them to pass the information onto the public. A few other vendors may still enter the city, but must do so under the terms of Ordinance No. 3047. It requires them to obtain a Public Works permit. Please direct all inquiries on this matter to the Public Works Department. LFS:JS:lw Dist.: N Mike Adams, Development Services Connie Brockway, City Clerk Don Watson, City Treasurer cc: Michael Uberuaga, City Administrator 2515g/6 PERMITTED REFUSE "HAULEPS American Demolition , Inc . 620 Poinsetta Santa Ana, CA 92701 . Deweys Rubbish Service, Inc . 16122 Construction Circle Irv.i ne, CA 92714 Falcon Disposal Service, Inc . P . O. Box 3030 Torranc, CA 90510 Great Western Reclamation Company 1800 S. Grand Santa Ana , CA 92705 Haul -Away Container Rentals P . O. Box 125 Stanton, CA 90680 Laid1aw Waste Systems 1830 E. Warner Ave. Santa Ana , CA 92705 Litter Box Containers P . O. Box 90426 Long Beach, CA 90809 Orange Disposal Service, Inc . 1931 n. Batavia Orange, CA 92667 Orco Disposal , Inc. 2051 Placentia Costa Mesa , CA 92627 Pacific Waste 5270 Burlingame Avenue Buena Park, CA 90621 Shubin Service, Inc . no.0. Box 18556 Irvine; CA 92713 South Coast Refuse Company 2021 Business Center Drive, Suite 114 Irvine, CA . 92715 =' Trojan Disposal 6190 E. Via Sadia ' Anakf i in, CA 92807 REFUSE. HAULERS PAGE 2 Western Refuse Hauling, Inc , aka Western Waste Industry P . O. Box 214 Gnrdena, CA 90247 . Y ORDINANCE NO. 3047 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE .BY ADDING A NEW CHAPTER 5 .40 RELATING TO COLLECTION FROM TRASH DROP OFF BOXES AND TRASH BINS WHEREAS, the City Council of the City of Huntington Beach wishes to amend the Huntington Beach Municipal Code by adding Chapter 5 . 40 relating to collection from trash drop off boxes and trash bins , NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows : SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by adding Chapter 5 . 40 to read as follows : Chapter 5 . 40 COLLECTION FROM TRASH DROP OFF BOXES AND TRASH BINS 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 Required Deposits . 5 , 40 . 130 Insurance . 5 . 40 . 140 Permittee Liability. 5 . 40 . 150 Acceptance of Permit by the Applicant . 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 . -1- 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. (b) Permittee means a refuse collector who has been granted a permit by..the City of Huntington Beach. (c) Trash Bin means a container used for the purpose of 1 depositing trash for later collection, or items to be recycled. (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 . 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 . 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 . (b) Bankruptcy, an assignment for the benefit of creditors, or the appointment of a receiver . (c) A sale or transfer of over 10 percent of the assets of a licensee . 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 . (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 . 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 -2- Director of.. Public Works , or his authorized agent, shall issue the permit . (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 . (c) Time Limit . The Director of Public Works shall approve or deny the permit within thirty (30) days of receipt of the written application for the permit . 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 Manager . The appeal shall be in writing to the City Manager and shall set forth the basis of the appeal . The City Manager, or his designee, shall hold the hearing on the appeal within thirty (30.) days of receipt of the written appeal . The City Manager , or his designee shall render a written decision within thirty (30) days after the close of the hearing on the appeal . 5 . 40 . 080 Appeals to the City Council . (a) Any person dissatisfied with any decision of the City Manager 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 v of the decision by registered or certified mail , a written Notice of Appeal to the City Council . (b) Within fifteen (15) days of receipt of a Notice of Appeal to the City Council , the City Manger, 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 Manager, 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. 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 . 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 -3- 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.$: 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. 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 . 5 . 40 . 120 Required Deposits . (a) Prior to issuance of a permit, the permittee shall deposit with the City, cash or a certified or cashier ' s check, in the sum to be fixed by the Director of Public Work, not to exceed five hundred dollars ($500 . 00) , as sufficient to reimburse the City for costs of removal of the trash bin or D.O. B . and for the cost of inspection and permit . (b) 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) . 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 . 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. 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 . 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 . 5 . 40 . 170 Violation -- Penalty. j (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 . (b) The provisions of this chapter shall be enforced by the Department of Public Work: of the City. (Ord . 1788 , 20 Dec 82 ; Ord. 1688 , 12/71) -4- SECTION 2 . - This ordinance shall take effect thirty (30) days after its passage. i PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of July , 1990 . CITY OF HUNTINGTON BEACH Mayor ATTEST: APPROVED AS TO FORM: City Clerk 'tt �ttov ney REVIEWED AND APPROVED: NITIATED A APPROVED: t r r City Administrator Director f Public Works ;; -5- -rd. No. 3047 STATE OF CALIFORNIA ) COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council. of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular adjourned meeting therof held. on the 25th day of June 19 90 and was again read to said City Council at a regular meeting therof held on the 2nd day of July 19 90 , and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: MacAllister, Winchell , Green, Mays, Bannister, Silva, Erskine NOES: Councilmembers: None ABSENT: Councilmembers: None City Clerk and ex-offf6io Clerk of the City Council of the City j of Huntington Beach, California .l, ' CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Distribution From Louis F. Sandoval Director of Public Works Subject Refuse Services Date August 16, 1990 The City Council has granted Rainbow Disposal an exclusive contract for the collection of refuse within the city which includes both "drop bodies" and construction boxes. Please advise your staff of this condition and request them to pass the information onto the public. A few other vendors may still enter the city, but must do so under the terms of Ordinance No. 3047. It requires them to obtain a Public Works permit. Please direct all inquiries on this matter to the Public Works Department. LFS:JS:lw Dist.. Mike Adams, Development Services Connie Brockway, City Clerk Don Watson, City Treasurer cc: Michael Uberuaga, City Administrator 2515g/6 y rI i L 7Y./• d , PERMITTED `REFUSEHAULERS } .Amert: an Demo 1i:tion, Inc..,. 620 Po.insetta Santa A`na, CA 92701 D 6.to, y; RUbb i sh. Ser•v ice, Inc. 1`622?;Gonstr•uction Circle' Ir v.i:n , CA. 92714 Falcon Disposal Service, Inc. P. O. Box 3038 Tor•.r•anc, CA 90510 ' Gr,ee-at Western Reclamation Company 1860 S. - Grand Sl nta Ana, CA 92705 Haul -Away Container Rentals P.°D. Box 125 Sta,nton, .CA 90660 L.a i d 1 ate Waste Systems 1830 E. Warner. Ave. Santa Ana, CA 92705 L Ftter• Box Containers P. D. Box 90426 Long Beach, CA 90809 Or-ange Disposal Service, Inc. 1932 n. Batavia Dr•ange, CA 92667 Qr•cca Disposal , Inc. 2051 Placentia Costa Mesa, CA 92627 Pacific Waste 5270 Burlingame Avenue Buena Park, CA 90621 Shub i n Service, Inc . P„D. Box 18556 Irvine; CA 92713 South Coast Refuse Company 2021 Business Center Drive, Suite 114 I r•v i ne, CA 92715 Trojan Disposal 6190 -E. Via Sabi a Ana6b i M, CA 92807 REFUSE -HAULERS PAGE .? Wes-tern Refuse Haul i n g '." Inc. aka Western :.Waste Industry P,0. Box '.214 Gardena, CA 190247.,