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HomeMy WebLinkAbout1971-03-22MINUTES Edison High School Cafeteria 214,00 Magnolia Street Huntington Beach, California Monday, March 22, 1971 Mayor Pro Tempore Matney called the regular adjourned meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. The Pledge of Allegiance was given by all present in the Cafeteria. ROLL CALL Councilmen Present: McCracken, Bartlett, Coen, Matney, Green Councilmen Absent: Gibbs, Shipley PUBLIC HEARING - MUD DUMP FACILITY - DETERMINATION OF PUBLIC NUISANCE Mayor Pro Tempore Matney announced that this was the day and hour set for a public hearing for the purpose of receiving evidence that a public nuisance exists at the mud dump located at the southwest corner of Magnolia Street and Hamilton Avenue, and for the possible direction by the City Council to the City Attorney, to take civil action to abate such public nuisance under Section 731 of the California Code of Civil Procedure. The Clerk informed Council that all legal requirements for notification, publication and posting on said public hearing had been met. Mayor Pro Tempore Matney then announced that the City Attorney would preside over the public hearing. The City Attorney called on Mr. Richard Harlow, Assistant Planning Director to give testimony on the matter. After being sworn by the City Clerk, Mr. Harlow presented a brief his- tory of the zoning of the mud dump property and displayed a map of the area depicting the tracts and neighborhood in relation to the dump. The City Attorney called on Mr. James Wheeler, Director of Public Works to give testimony on the matter. After being sworn by the City Clerk, Mr. Wheeler spoke regarding the possible technological means of alleviating or eliminating the problems connected with the mud dump facility. The City Attorney called on Mr. Gerald C. Bower, President of Cultured Chemical Division of Gerald C. Bower, Inc., to give testimony on the matter. After being sworn by the City Clerk, Mr. Bower informed Council that his company is engaged in the bacteria control experiment being con- ducted at the mud dump and displayed two jars of sample material taken before and after chemical treatment of the mud dump. He st;ited that the chemical process being applied at the mud dump has been in ase since 1966 and informed Council of its results in comparable area.;. Discussion was held between the Council and Mr. Bower on tk D matter. The City Attorney called on Mr. Herbert Day, City Oil Fielc Superintend- ent, to give testimony on the matter. After being sworn by the City Clerk, Mr. Day ini'ormed Council that his department had conducted 76 visual and odor inspections of the mud dump. He explained the County of Orange Air Pollution Control District Odor Classification Scale for Counci_l's information, and stated that Mr. Robert Davis, City Oil Field Inspector was .-resent to ciscuss the inspections conducted by the Oil Department. I //;? - ('o(, ri(_-111. MIni) Lc:;, - ,'A ,, (l The City Attorney called on Mr. Robert Davis, Oil :Pield Inspector, to. give testimony on the matter. After being sworn by the City Clerk, Mr. Davis addressed Council re- garding his written report of the mud dump inspections which were made during the past two months, stating that the odor predictions were taken at street level and ranging from a distance of twenty to fifty feet away from the mud dump. The City Attorney asked Mr. Davis to whether certain written material was and Mr. Davis verified that it was. Attorney, the report was offered for Attorney for Steverson Brothers, and be recorded as City Exhibit #1. approach the table to verify the report to which he had referred, On instruction from the City examination to Mr. William Carlson, then given to the City Clerk to Mayor Pro Tempore Matney directed that the report submitted by the City Oil Field Department be recorded as City Exhibit #1. Mr. William Carlson, Attorney, representing Steverson Brothers, directed several questions to Mr. Davis regarding the method of odor detection used by the Oil Department. Councilman Green asked if the discussion was limited to the subject of odor nuisance only, or if facts regarding unsafe conditions could be introduced, and was informed by the City Attorney that any matter of relevance to the situation could be discussed. The City Attorney introduced Mrs. Jerome Juergens, 21671 Bahama Lane, City, a citizen -witness to give testimony on the matter. After being sworn by the City Clerk, Mrs. Juergens stated that she had at various times smelled a very gaseous and terrible odor emitting From the mud dump and that animals in the area have returned to their homes covered with the mud dump wastes. The City Attorney asked Mrs. Juergens to approach the table to verify whether certain material was the complaint form and questionnaire which had been submitted by her, and she verified that it was. The City Attorney gave the material to the City Clerk to be recorded as City Exhibit #2, and the Mayor Pro Tempore directed that it be so recorded. rs. Juergens was requested by the Council to examine the contents of .:tee two sample bottles and she stated that the smell of neither bottle wa, similar to the obnoxious odor that she smelled when refinery oil is ,�;- m.oed . Mr. Carlson questioned Mrs. Juergens regard.ing the odors smelled and the fencing around the mud dump. At Mr. Carlson's request, the Director o Public Works addressed. Council regarding the In.d.ustrial Waste Disposal Permit No. 98-A, issued to the Steverson Brothers by the County of Orange Water Pollution Control Department on April 18, 1961. The City Attorney requested the City Clerk to record. the Industrial Waste Disposal Permit No. 98-A as City Exhibit #3, with the understand- ing that the original document be returned to Mr. Carlson when the City Clerk had made a copy of same. Mayor Pro Tempore Matney directed that this document be recorded as City Exhibit #3 . T_r.e City Attorney introduced Dr. James Mason, Organic Chemist, 9352 "a i a._r ine Drive, City, a citizen -witness and Chairman of the Mud '.dump --'o.,.,. �ittee of the Environmental Council. Dr. Mason was then swor-n by `Z:e r, ty Clerk. (C 11-ty Attorney stated that he wished to recognize the Environmental ('UTAIIU' _1 of Huntington Beach which helped in the investigation an] pre- pr)jv).f ion for the hearing. Page #3 - Council Minutes - 3/22/71 Dr. Mason addressed Council and stated that he believed the chemical treatment of the mud dump would probably destroy a large amount of the odor causing bacteria, however, the problem of the dump and its almost Juicksand consistency would. remain. He further stated that he knew of tro animals that wandered into the mud dump, one of which had to be destroyed. In response to a question by Councilman Green, Dr. Mason stated that on the day the worst odor occurred, the smell was more obnoxious from the second story of his home than on ground level. The City Attorney asked Dr. Mason to approach the table to verify whether certain material was the complaint form and questionnaire which had been submitted by him, and he verified that it was. The City Attorney gave said material to the City Clerk to be recorded as City Exhibit #4., and the Mayor Pro Tempore directed that it be so recorded. RECESS �Ayor Pro Tempore Matney called a recess of the Council at 9:15 P.M. Council was reconvened at 9.25 P.M. by the Mayor Pro Tempore. The Mayor Pro Tempore asked that Mr. Ernest Pascoe, Principal of Edison high School, and a citizen -witness give testimony on the matter. After being sworn by the City Clerk, Mr. Pascoe addressed Council regard- 1n;7 the complaints of gaseous odors which have been received from the stadents attending Edison High School. He stated that it was his opinion that the odors do occasionally reach the school. The City Attorney asked Mr. Pascoe to approach the table to verify whether certain material was the complaint form and questionnaire which had been submitted by him, and he verified that it was. The City Attorney gave the material to the City Clerk to be recorded as City Exhibit #5. Mayor Pro Tempore Matney directed that said material be recorded as City Exhibit #5. The City Attorney introduced Mrs. Susan Torkells, 9002 Bobbie Circle, City, a citizen -witness to give testimony on the matter. Auer being sworn by the City Clerk, Mrs. Torkells, addressed. Council and stated that she lived on the street nearest to the mud dump site; that the obnoxious odors from the mud. dump were a constant nuisance, and that a family pet had died as a result of wandering into the dump. The City Attorney asked Mrs. Torkells to approach the table to verify whether certain material was the complaint form and. questionnaire which had been submitted by her, and she verified that it was. The City Attorney gave the material to the City Clerk to be recorded as City Exhibit #6. Mayor Pro Tempore Matney directed that the material be recorded as City Exhibit #6 . The City Attorney then requested that Mr. Ora Wells, County Air Pollution Control District Investigator give testimony on the matter. After being sworn by the City Clerk, Mr. Wells, addressed C,)uncil, re- garding the tests made by the Orange County Air Pollution Control Dis- trict on January 12 at which time the odor was rated as 4 o-.Y the class- ification scale. He stated that on January 15, 1971, a let;er was sent by the County Water Pollution Control Office to Steverson B.'others Company stating that waste materials of the type found on tae site were not permitted in accordance with Industrial Wast,l Disposal 'ermit No. 98A issued to them on April 18, 1961, and that if materials other than those specified continued to be dumped on the site, the permit weald be subject to suspension or revocation. In response to a caestion by Council, Mr. Wells stated that he did not believe any part of the odor was being emitted from the Southern California Edison Facility in the area. 431,: . Pare 01 - Council Minutes - :3/22/'(1 Councilman Green asked Mr. Wells if he had information to offer regard.- ing the effect of the mud dump on the health standards of the area and t.'r, ;,,Tells stated that any determination of health hazards would have to be made by the County Health Department. At t_-le request of the City Attorney, Mr. Douglas Jeffery, Air Pollution Control District engineer was sworn by the City Clerk. Tr. Jeffery submitted. a communication dated January 15, 1971, addressed to Steverson Brothers from the Water Pollution Control Engineer - Air Pollution Control District. The City Attorney requested the City Clerk to record the communication f'ror:i the Water Pollution Control Engineer as City Exhibit #7, with the undcrUtanding that the original document be returned to Mr. Jeffery when the City Clerk had made a copy of same. Mayor Pro Tempore Matney directed that this document be recorded as City Exhibit #7 . The City Attorney called. on Mr. Ralph Hansen, Deputy District Attorney, County of Orange, to give testimony on the matter. After being sworn by the City Clerk, Mr. Hansen outlined. the various alternatives to this problem which might be reached. by the City and Steverson Brothers Company. At the request of the City Attorney, Mr. William Carlson Jr., Attorney, restated for the purpose of clarification, that he represents Steverson Brothers Company at this hearing. At this time the City Clerk submitted into evidence, written petitions that had been filed with his office; informing Council that the signa- tures on the petitions had not been checked from a legal. standpoint. The City Attorney directed that the petitions be accepted as hearsay evidence to be recorded as City Exhibit #8. The Mayor Pro Tempore directed that the written petitions be received as hearsay evidence, filed with the City Clerk and recorded as City Exhibit #8. The City Attorney then introduced the Orange County Air Pollution Con- trol District Complaint Forms and Questionnaires signed by 32 residents of the area to be recorded as City Exhibit #9. Mayor Pro Tempore Matney directed. that the Complaint Forms and. Question- naires be so recorded. After being sworn by the City Clerk, Mr. Carlson presented a brief summa- tion of the case for Council's information. The City Attorney stated that he had supplied Council with copies of Mr. Carl.son's letter dated March 19, 1971, outlining proposals for a solution that would be satisfactory to the City and the resident.-, ad4acent to the mud dump. Considerable discussion was held between the Council and Mr. Car_i.son regarding these proposals. The City Attorney called on Mr. Carl Steverson to offer testimony on the matter. After being sworn by the City Clerk, Mr. Steverson addressed Cou;zci.l regarding the proposals offered by his company for a .olution to the problem, including limiting the dumping of liquid oil field wast,_.s to an area one-half the size of the present dump site. The City Attorney submitted the aforementioned commur.,ication written by William Carlson Jr. to the City Clerk to be recorded as City Exhibit #10. Page #5 - Council Plinutes - 3/22/71 The "Mayor Pro Tempore directed that it be so recorded. Con:>irJerable discus. -ion was held between Council and the City Attorney regard -ng the way Council might wish to proceed in this matter. The City Attorney read the definition of a public nuisance as set Forth in Section 731 of the California Code of Civil Procedure. A motion was made by Councilman Green that Council makes a finding of fact that a public nuisance does exist. When voted. upon, the motion failed to pass by the Following roll call vote: AYES: Councilmen: Green, Matney TOES: Councilmen: McCracken, Bartlett ABSENT: Councilmen: Gibbs, Shipley ABSTAIN: Councilmen: Coen A motion was made by Councilman McCracken to continue the public hearing on the matter to the meeting of April 1.9, 1971, but it was withdrawn before being voted upon. A Notion was made by Councilman McCracken that Council reconsider the action taken in the previous motion made by Councilman Green. When voted upon, the motion passed by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Green, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs, Shipley ABSTAIN: Councilmen: Coen On motion by McCracken, Council continued the public hearing on this matter to the meeting of April 19, 1971 at 7:30 P.M. in the Council Chamber, by the following roll call vote: A -YES: Councilmen: McCracken, Bartlett, Coen, Matney, Green 1OES : Councilmen: None ASSENT: Councilmen: Gibbs, Shipley Mayor Pro Tempore Matney directed the City Administrator to insure that the appropriate staff reports are presented to Council prior to the meeting of April 19, 1971. RECESS - EXECUTIVE SESSION Mayor Pro Tempore Matney called an Executive Session of the Council at 11:55 P.M. to discuss pending litigation; called a recess of the Council and excused the City Clerk and appointed Councilman Coen to act as City Clerk for the balance of the meeting. COUNCIL RECONVENED Council was reconvened by the Mayor Pro Tempore at 12:15 P.M. II`� r ORMAL MEETING OF COUNCIL CALLED Mayor Pro Tempore Matney called an informal meeting of the Council as a Committee -of -the -Whole for March 29, 1971, at 7:00 P.M. in, the Council Chamber to meet with the Recreation and Parks Commission, t"ie Park Naming Committee, Design Review Board. and the Planning Commission. ADJOURNMENT On motion by Bartlett, the regular adjourned meeting of the City Council of the City of Huntington Beach adjourned at 12:L5 P.M. Mction carried. ATTES Paul C. ones City Clerk 'au ones City Clerk and ex -off icio Clerk of the City Council cf the City 0 r tington Beach, "alifornia Mat ee'y I-MaYor Pro Tem )ore 4133