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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 168 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. 1,0 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 - J 1 r-+If_)h r 0L..