CC RESOLUTION 5360RESOLUTION NO. 5360
A RESOLUTION DECLARING THE EXISTENCE OF A
LOCAL EMERGENCY PURSUANT TO GOVERNMENT
CODE- § 8360 AND EL SEGUNDO MUNICIPAL CODE
CHAPTER 2-2 REGARDING THE ONGOING RELEASE
OF NOXIOUS GASES AND ODORS FROM THE
HYPERION SEWER TREATMENT FACILITY.
The City Council of the City of El Segundo does resolve as follows:.
SECTION 1. Findings. The City Council finds as follows:
A. State law authorizes a city council to proclaim a local emergency under the
California Emergency Services Act; requires the city council to review the
need for continuing the local emergency every 60 days until it terminates the
emergency; and requires the city council to terminate the emergency "at the
earliest possible date that conditions warrant." (Gov. Code, § 8630.)
B. El Segundo Municipal Code ("ESMC") Chapter 2-2 (Emergency Services
Organization) empowers the City to take certain actions for the protection of
persons and property in the City in the event of an emergency, and ESMC §
2-2-1 defines a local emergency as the "[e]xistence of disaster or of extreme
peril to the safety and property within the territorial limits of this city caused by
such conditions as air pollution ... or other conditions ...."
C. The Los Angeles City Sanitation Bureau ("City of L.A.") operates the Hyperion
Water Reclamation Plant ("Hyperion"), subject to the jurisdiction of the South
Coast Air Quality Management District ("AQMD"), in southwest Los Angeles
at 12000 vista Del Mar, Playa Del Rey, California 90293.
D. Hyperion, a massive sewer treatment facility, borders the City of El Segundo
where over 17,000 of its residents live directly east or southeast of Hyperion.
E. On July 11, 2021, a blockage in Hyperion's filter system caused raw sewage
to flood the plant damaging numerous pumps and other equipment, which
caused the release of noxious gases and odors affecting the well-being and
quality of life of El Segundo residents (http://www.agmd.gov/home/news-
events/community-investigations/hyperion-water-reclamation-plant).
F. Hyperion's release of obnoxious smells has persisted since the July 2021
release, and according to AQMD's August 3, 2022 Petition for Order of
Abatement, "[AQMD] has received over five hundred odor complaints
beginning in January 2022 through the present, from the community living
near [Hyperion]," and "[AQMD] has traced the odors back to [Hyperion] on
numerous occasions."
G. The City Council seeks to declare a local emergency to maximize the City's
ability to take all actions in addressing the City of L.A.'s persistent failure to
ameliorate Hyperion's aerial infestation of noxious gases and odors plaguing
El Segundo residents and businesses.
RESOLUTION NO. 5360
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SECTION 2. Local Emergency Proclamation and Ratification; Direction; Review,
A. Based on the findings above, the City Council proclaims and ratifies a local
emergency, pursuant to Government Code § 8630 and ESMC Chapter 2-2.
B. The City Manager, as Director of Emergency Services, is directed to carry out
all powers and duties to address the local emergency, as set forth in ESMC
Chapter 2-2.
C. The City Council will review the need for continuing the local emergency
every 60 days until it terminates the emergency at the earliest possible date.
SECTION 3. Severability. If any part of this Resolution or its application is
deemed invalid by a court of competent jurisdiction, the City Council intends that such
invalidity will not affect the effectiveness of the remaining provisions or applications and,
to this end, the provisions of this Resolution are severable.
SECTION 4. Signature Authority. The Mayor, or presiding officer, is hereby
authorized to affix his signature to this Resolution signifying its adoption by the City
Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy, is
directed to attest thereto.
SECTION 5. Effective Date. This Resolution will take effect immediately upon
adoption by the City Council. The local emergency this Resolution declares will be in
effect the City Council terminates such emergency.
SECTION 6. City Clerk Direction. The City Clerk will certify to the passage and
adoption of this Resolution, enter it in the City's book of original Resolutions, and make a
record of this action in the meeting's minutes. The City Clerk will ensure the City Council's
review of the declared local emergency once every 60 days until the City Council
terminates such emergency.
PASSED, APPROVED AND ADOPTED this 8th day of September, 2022.
D es, Mayor
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM;
Mark D. He sley, pty Attorney
RESOLUTION NO. 5360
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Lili Sandoval, Deputy City Clerk of the City of El Segundo, California, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Resolution No. 5360 was duly passed, approved, and adopted by said City
Council at a special meeting held on the 8th day of September, 2022, approved and signed
by the Mayor, and attested to by the City Clerk, by the following vote:
AYES:
Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk,
Council Member Nicol and Council Member Giroux
NOES:
None
ABSENT:
None
ABSTAIN:
None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this filday of September,
2022.
Lili Sandoval, Deputy City Clerk
of the City of El Segundo,
California
RESOLUTION NO. 5360
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