Resolution No. 763RESOLUTION NO. 763
207
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING THE DEL AMO FERTILIZER PLANT TO BE A PUBLIC
NUISANCE AND REQUESTING THE LOS ANGELES AIR POLLUTION
CONTROL DISTRICT TO ABATE SUCH NUISANCE.
WHEREAS, the City of Cypress joined with the cities of Lakewood and
La Palma in bringing an action in the Superior Court of the State of
California for the County of San Bernardino, entitled People of the State
of California, vs. Dairymen's Fertilizer Co -Op, Inc., No. 131211", seeking
to abate the operation of the manure stockpile and fertilizer processing
plant located at 12801 Del Amo Boulevard in the City of Cerritos, as a
public nuisance, and
WHEREAS, this court imposed certain requirements to be met by the
defendant, Dairymen's Fertilizer Co -Op, Inc. as conditions precedent to its
proposed operation of such stockpile and plant, and specifically reserved
jurisdiction to determine, after this proposed operation was begun, whether
or not it would constitute a public nuisance regardless of whether all of
such conditions were met; and
WHEREAS, the head of the Orange County Health Department, Dr. Edward
Lee Russell, testified that the location of such stockpile and plant in
the vicinity of residential developments in these three cities and the
adjacent incorporated territory of the County of Orange constituted a
substantial health hazard to the inhabitants of such development; and
WHEREAS, the Planning Directors of the cities of Cypress and La Palma
testified that the location of such stockpile and plant constituted poor
planning, which would result in the creation of blighted areas; and
WHEREAS, representatives of the Air Pollution Control District of
Los Angeles County testified that such stockpile and plant constituted a
source of air pollution; and
WHEREAS, numerous residents in these three cities testified that the
operation of such stockpile and plant had been, and the proposed operation
would be, injurious to their health, indecent and offensive to their senses,
and obstruct the free use of their property so as to interfere with the
comfortable enjoyment of life and property in their entire community or
neighborhood; and
WHEREAS, numerous residents in the vicinity of such stockpile and
plant including citizens of the City of Cypress, have continued to complain
of these adverse effects; and
WHEREAS, extensive scientific data and testimony has been compiled
indicating that the operation of such stockpile and plant would result in
fly breeding, as well as the spreading of numerous pathogenic organisms to
the homes of residents in the vicinity; and
WHEREAS, a representative of the Orange County office of the FHA
testified that such stockpile and plant would have an adverse influence on
properties in its vicinity and that he would recommend that FHA not insure
loans on such properties; and
WHEREAS, a representative of the Cypress Elementary School District
testified that the fertilizer plant located on Del Amo Boulevard would have
an adverse effect on the children in a school to be located in the vicinity
of the Del Amo Fertilizer Plant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cypress hereby declares that the fertilizer plant located at 12801 Del Amo
Boulevard has been and now is a public nuisance, in that it is injurious to
health, is indecent and offensive to the senses, and constitutes an
obstruction to the free use of property so as to interfere with the comfor-
table enjoyment of life and property of an entire community or neighborhood,
including a considerable number of persons in the City of Cypress;
RESOLUTION NO. 763
208
BE IT FURTHER RESOLVED that the Board of Directors of the Air Pollution
Control District of Los Angeles County hereby is requested to declare that
the fertlizer plant located at 12801 Del Amo Boulevard has been and now is
a public nuisance, and to take whatever action within its power that may be
necessary to abate said public nuisance;
BE IT FURTHER RESOLVED that the Board of Directors of the Air Pollution
Control District of Los Angeles County hereby is requested to advise the
City Council of the City of Cypress of any and all actions taken pursuant
to this resolution.
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 27th day of March, 1967.
7
MAYOR OF THE CITY F CYPRESS
ATTEST:
CI CLERK OF THE C TY OF CYPRESS
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was adopted at a regular meeting of the said
City Council hald on the 27th day of March, 1967, by the following vote:
AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, McCarney, and Noe
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
DVC TITTP1XT MA 'IL
CITY CLERK OF THE CITY OF CYPRESS