HomeMy WebLinkAbout1978-07-1101U110K
Council Charmer, Civic Center
Tuesday, July 11, 1978
6:30 P.M.
A tape recording of this meeting is
on file in the City Clerk's Office
The Council meeting had been called for 6:30 P.M.; however the adjourned regular
meeting was called to order by Mayor Shenkman at 7:30 P.M. upon arrival of a quorum,
ROLL CALL
Present: Pattinson (7:15 P.M.), Thomas (7:15 P.M.), MacAllister (7:20 P.M.),
Bailey (7:30 P.M.), Mandic (7:30 P.M.), Siebert (7:30 P.M.), Shenkman
(7:25 P.M.)
Absent: None
PUBLIC NEARING - STEVERSON BROS ROTARY MUD IXJMP
Mayor Shenkman 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 Stever-
son Bros. Mud Dump, located at the southwest corner of Magnolia Street and Ramil-
ton Avenue, and for possible direction by the City Council to the City Attorney
to take civil action to abate such public nuisance under Section 731 of the Califor-
nia Code of Civic Procedure.
Mayor Shenkman 'informed the public that no action would be taken at this time
but testimony would be taken from the public to determine whether the Steverson Bros.
Mud Dump constituted a public nuisance. Discussion was held between Council as
to whether action could be taken at this time.
The Clerk informed Council that all legal requirements for publication, :not'fca .i-
tion and posting had been met and that a letter of protest from Mr. and Mrs. Rudi
Van Mil, City, concerning odor 'and dirt carried onto Magnolia Street from the
Steverson Bras, Mud Dump and a letter from Steverson Brothers relating to their
position can the matter.
The Clerk administered the oath to.members of the ,audience who would be offering
testimony on the matter.
Mayor Shenkmanopened the public hearing,
Wilma Stevens, District Office of Assemblyman Dennis Mangers, having n sworn,
addressed Council and stated that Assemblyman Mangers had requested :he:r to attend
the meeting as anofficial observer on his behalf. Assemblyman :Mangers has been
greatly concerned for some time with the ,problems surrounding the Steverson Bros,
Mud Dump and is ready and willing to assist Council in any way possible,
Jim Simpson, City, having :been sworn addressed ountil and stated that 'he had been
to the City on three different occasions Frith complaints,, and :can two .occasions,
the dumping had been stopped in the .area. Mr. Simpson pointed out that ,dumpi,ng in
the area resulted in spillage onto the pavement. whizh in turn caused problems
which resu 1 ted in addi t i ona l :costs to the taxpayers in cleanup. He cited several
instances of inconvenience and problems in the .area and referred to the Odor from
Page #2 - Council Minutes - 7/11/78
oil dumping, which he believed might be a fire hazard. He stated that in his opinion,
the site could not accommodate a further fifteen years of dumping. Councilman Mandic
inquired whether Mr. Simpson had actually seen residue being dumped at the site, to
which Mr. Simpson responded that he had. He further informed Council that during the
past six to eight months there had been dumping from the Edison side and that a partition
had been erected on the Magnolia Street side.
Marie Suckland, City, having been sworn, addressed Council and inquired whether they had
been to the mud dump site. It was determined that all Council members had been there.
She stated her belief that there was a land use problem in the area, and suggested that
Assembly Bill 2209 be studied since it might have been violated. In her opinion, the
dump interfered with the health, welfare and safety of residents in the area. She also
made reference to the odor and dirt problems and stated that during heavy rains-ihe dump
overflows and inquired as to whether this situation was monitored during the rainy sea-
son.
Dee Battenfield, City, having been sworn, addressed Council and stated that she had been
in touch with the City Administrator, the Assistant City Administrator and the Director
of Public Works regarding a weed problem in the area. She stated that it takes Steverson
Bros. two months to take care of the weed problem at their site and referring to a map
which she distributed to Council, the trucks going into the mud dump go into the lane
closest to a turn -lane, crossing the bikeway path, or another lane of traffic, which
she believed to be unnecessary. Mrs. Battenfield referred to the dust problem at the
site and the hazardous condition caused by wet mud upon the road.
A. J. Ashurst, having been sworn, addressed Council and referred to an informal petition
submitted to Council in 1971 requesting action on the Steverson Bros. Mud Dump. He
believed at that time the mud dump had been declared a public nuisance.. Mr. Ashurst
referred to an informal petition which had been submitted to the Mayor in March of this
year, and in particular to the odor, which he stated was continuous, and the sound, which
he did not believe to be a critical issue in the matter. In April of this year, Mr. Ashurst
stated that three people had gone before the Quality Water Control Board with regard
to spillover of the drains. He suggested that Council take action, without delay if possible.
R. C. Sweitzer, after being sworn in, addressed Council and stated that he is a stockholder
of the Steverson Bros. Mud Dump Company. He informed Council that since 1971 when the
mud dump was declared a nuisance, it was turned over to Class III fill, which is composed
of dirt, cement and asphalt and that until 1975, nothing but dirt., cement and asphalt
had been dumped at the site, and at present Steverson Bros. are attempting to cover over
the oils deposited over the past thirty years.. Mr. Sweitzer stated that the operator of
the Steverson Bros. Mud Dump had come before Council with a request to re -zone to resi-
dential but had been turned down. In his opinion, Steverson Bros. should be given more
time to negotiate. Mr. Sweitzer pointed out that the residents in the area were aware
when they moved into the area that the mud dump was operating and it had been there for
some time before the area was developed. In his opinion, the dump should not be con-
demned for what it is or what it does; that it was a 'salvation' to the City at the time
it was established, which should be considered by Council in their deliberations.
There being no one further to speak on the matter, and there being no further protests
filed, either oral or written, the hearing was closed by the Mayor.
Mayor Shenkman referred to a communication
City Attorney.
received by Council from the office of the
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Page #3 - Council Minutes - 7/11/78
Councilman Siebert referred to a communication received from Steverson Bros.
and inquired about figures submitted, to which the Planning Director responded.
Mr. Bogmeiser, a stockholder in the Steverson Bros. Mud Dump Company, addressed
Council and explained that the expenses shown in the Steverson Bros. letter covered
expenses incurred at the Hamilton Avenue site due to heavy rains.
Councilman Siebert stated that he had been to the mud dump site and seen trucks
dumping sludge on two separate occasions, approximately eighteen months ago.
He believed from the testimony given that the mud dump, while having served an
important purpose at one time, should now be acted upon in order to clear the
nuisance and encumbrances it has upon neighbors and a better use found for the
property.
Councilman Siebert inquired as to where the responsibility lay for enforcement
of the City codes at the mud dump site, to which the Assistant City Administrator
inquired whether there was any other place within the City where dumping was per-
missible; but it was determined that the closest site was at West Covina.
Another stockholder of the Steverson Bros. Mud Dump Company asked Councilman
1ebert whether he was able to determine whether the trucks he had seen dumping
at the Steverson Bros. site had belonged to Steverson Bros., to which he responded
that one had displayed the Steverson Bros. name on the side and the other did
not.
Councilman Siebert inquired whether rotary mud is still being produced and where
it was being dumped, to which Mr. Sweitzer resonded that much of it is recycled
and the bad waste hauled to West Covina; that the sand is cleaned out of it.
Bob Davis, Chief Oil Field Inpsector, stated that to his knowledge, private dumps
are used for dumping.
Councilman Siebert expressed concern regarding trucks he had seen dumping rotary
mud in the Bolsa Chica area. He stated that he had seen the dumping while flying
over the area and believes, therefore, that the City has two problems regarding
mud dumping - at Hamilton/Magnolia and Bolsa Chica, which should be looked into.
Councilwoman Bailey stated that she did not believe that adequate information
was provided to Council upon which to base a decision and pointed out'that Ste-
verson Bros. were not represented at the meeting. She referred to AB 2209 which
says that the City will not have oil sumps and she believed that the City.has
an ordinance to that effect. With regard to the Bolsa Chica, Councilwoman Bailey
expressed concern for the wildlife. She believed that these two problem areas
should be looked into and acted upon.
rieBuck7and suggested that Council ensure that the code is adequately enforced
and all other State laws abided by. She referred to a wall at the Steverson
Bros. site which had almost collapsed due to heavy rains and stated that she had
in her possession evidence supporting this fact. She stated she did not believe
there was an ordinance which permitted any type of dumping within the city.
Councilman Thomas stated that, in his opinion, the dump will stay at -the same
level until the crust is penetrated. He believed that the Class III Dump should
be removed, and expressed concern that the dumping being permitted will eventually
have to be uprooted and hauled out which is creating a nuisance and the longer
16
Page #4 - Council Minutes - 7/11/78
it is allowed to continue, the more cost will be involved in removal. All dumping should
be halted in his opinion, and Steverson Bros, should make an effort to dry out the material
already dumped. He cited the Long -Beach Dump which he stated had been working at drying
out material, and also the Channel at Terminal Island Freeway. In his opinion, by the
time the area is cleaned up, the value of the property would almost pay for the cleanup.
Councilman MacAllister believed that staff should look into ways of having the property
put to a better use, the cost involved and determine who would pay. He expressed conern
that the City become involved in possible litigation should they interfere in the matter,
however, he made several suggestions of safety measures which he believed should be taken
into consideration.
Mayor Shenkman was of the opinion that the area should be re -zoned; that development of
the area would'pay for the work and that a compatible use could be found. He concurred
with Councilman Siebert's comment made earlier that the City had been aware of the situa-
tion for a couple of years, and the highest and best use of the land should be investi-
gated. Reiterating a comment made by Councilman MacAllister, he did not want the City
to become involved in litigation over the matter.
Councilman Pattinson stated that he was familiar with the mud dump and the problems
involved in its operation. He concurred with Councilman Siebert that he had seen dumping,
had seen dirt tracked out onto the street and had also seen it during the rainy season,
however, he Was not in favor of re -zoning it at this time. In his opinion, the City
should enforce the code and no more dumping should be permitted. With regard to declar-
ing the dump a 'public nuisance', Councilman Pattinson doubted that it would meet the
legal requirements as such.
Councilman Mandic inquired of Council what action would be required to stop something
which was supposed to have already been stopped. He stated that he concurs with Council-
man Pattinson but does not know if this action will help. He believed that all dumping
should be stopped and the fences maintained but did not believe landscaping around the
area to be a solution.
Mr. Sweitzer suggested that perhaps word should be taken back to the Steverson Bros.
to get rid of the property as soon as possible. He believed it would be feasible to clear
up the mess and build upon it but does not believe it would be right to pre -zone.
The Assistant City Administrator stated that the Administrator had suggested an alterna-
tive of declaring the mud dump to be a 'non -conforming' use. He elaborated on the
procedure.
Mayor Shenkman stated that in his opinion, Council should forget the term 'public nuisance'
which he believed to be meaningless in getting any direction started.
Councilman Mandic inquired whether Council had the authority to prevent Steverson Bros.
from conducting their basic business, should the dump be declared a 'public nuisance'
and the City Attorney reported on the matter. Councilman Mandic stated that he believed
that someone should talk to Steverson Bros. and some type of settlement worked out before
going to court. Mayor Shenkman stated that he was in general agreement with comments
made by other Council members.
Councilman Thomas reiterated his previous remarks and stated that he believed the courts
were there to handle just such matters as this. He believed a decision should be made
at once to stop all dumping.
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Page #5 - Council Minutes - 7/11/78
Councilman Mandic stated his concern that should Council declare the site a
'public nuisance' and stop all work, this would be denying Steverson Bros. the
right to conduct their business. The City Attorney stated that in order to stop
dumping it would be necessary to pass an emergency ordinance prohibiting such
activity, or declare it a 'public nuisance' and thereafter go to court to bring
action to prohibit the activity.
Following further discussion between Council and staff, a motion was made by
Pattinson, seconded by MacAllister, to direct staff to bring before Council at
the August 7, 1978 Council meeting some ideas, including non -conforming uses,
phasing out over the next five years and in the meantime, contact Steverson
Bros. and ask their cooperation in working with the City on the matter. The motion
carried by the following vote:
AYES: Pattinson, MacAllister, Bailey, Mandic, Shenkman
NOES: Thomas, Siebert
ABSENT: None
A motion was made by Shenkman to direct staff to come back with recommendations
for re -zoning the Steverson Bros. Mud Dump. property. The motion died for lack
of a second.
Following further discussion between Council and staff, a motion was made by
Siebert, seconded by Bailey, to direct the City Attorney to present at the August
7, 1978 Council meeting proposed 'findings of fact' that the City can use in
a legal declaration of the Steverson Bros. Mud Dump as a public nuisance. The
motion carried by the following vote:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: Thomas
ABSENT: None
A motion was made by Thomas, seconded by Siebert, to enact an emergency ordinance
to stop all dumping on the property.
Discussion was held between Council and staff as to whether there was sufficient
grounds for approving an emergency ordinance, to which the Assistant City Administra-
tor responded that an emergency ordinance would have to be first prepared and read
in full.
E. Douglas keddan, Ecology Products, Inc., Santa Barbara, having been sworn,
addressed Council and stated that he is a contracting engineer in the sludge
disposal business and had been involved in the business of stabilizing sumps since
1952. He stated that the sump could be stabilized in less than twelve months,
the drying out process could be done chemically. However, he stated that in order
to get an approximate estimate, it would be necessary to determine the amount of
actual sludge material. No cost figure could be given at this time for the same
reason. The material could be totally dried out in six months when the amount
has been determined.
The motion made by Thomas, seconded by Siebert, failed by the following roll
call vote:
AYES: Thomas
NOES: Pattinson, MacAllister, Bailey, Mandic, Siebert, Shenkman
ABSENT: None
Zip.
Page #6 - Council Minutes - 7/11/78
The Assistant City Administrator, at the request of Councilman Siebert reviewed Council
direction to staff, i.e. that at the July 17, 1978 meeting staff would return with
an ordinance that would provide for the cease and desisting of dumping; the ordinance
to be in the form of an emergency ordinance or in the form of a,regular ordinance depend-
ing on the research done by the City Attorney's office, that a report would be brought
back as to the findings of fact that the City can use to evaluate whether a public nui-
sance exists and also to contact the Steverson Brothers on alternative action that
might be taken as to the nonconform�ng use aspects and for code enforcement.
DUMPING IN BOLSA CHICA OPPOSED - RESOLUTION TO BE PREPARED
A motion was made by Pattinson, seconded by Siebert, to direct the City Attorney to
prepare a resolution in opposition to anyone dumping mud in the Bolsa Chica and send
it to the Board of Supervisors. The motion carried unanimously.
Mayor Shenkman directed the Assistant City Administrator to look into the matter of
dumping which is occurring in Bolsa Chica and report back to Council.
ENFORCEMENT OF CITY CODES APPROVED
A motion was made by Thomas, seconded by Siebert, that staff be directed to start enforcing
the City Codes. The motion carried by the following vote:
AYES: Thomas, Bailey, Mandic, Siebert, Shenkman
NOES: Pattinson, MacAllister
ABSENT: None
ADJOURNMENT
On motion by MacAllister, second Pattinson, the adjourned regular meeting of the City
Council of the City of Huntington Beach was adjourned to Wednesday, July 12, 1978 at
1:00 P.M. in the Council Chamber. The motion carried unanimously.
ATTEST:
Alicia M. Wentworth
City Clerk
By
_ 66�
Deputy City Cler
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
By
Deputy City C k
Mayor -
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