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2022 Sep 08 - CC MIN SPCSPECIAL MEETING MINUTES OF THE EL SEGUNDO CITY COUNCIL THURSDAY, SEPTEMBER 8, 2022 CLOSED SESSION — Mayor Boyles called to order at 7:00 AM. ROLL CALL Mayor Boyles - Present Mayor Pro Tern Pimentel - Present Council Member Pirsztuk - Present Council Member Nicol - Present Council Member Giroux - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5-minute limit per person, 30-minute limit total) None SPECIAL ORDER OF BUSINESS:. Mayor Boyles announced that Council would be meeting in closed session pursuant to the items listed on the Agenda. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (INITIATION OF LITIGATION) Initiation of litigation pursuant to Government Code §54956.9(d)(4): 1 - matter Adjourned at 8:05 AM OPEN SESSION — Mayor Boyles called to order at 8:07 AM ROLL CALL Mayor Boyles - Present Mayor Pro Tern Pimentel - Present Council Member Pirsztuk - Present Council Member Nicol - Present Council Member Giroux - Present PUBLIC COMMUNICATIONS — (Related to City Business Only — 5-minute limit per person, 30-minute limit total) - NONE Mark Hensley, City Attorney announce that during closed session Council authorize the filing of a lawsuit against the City of Los Angeles with regards to the failure to operate the Hyperion plant. Council considered a resolution declaring a State of Emergency due to the health implication at the Hyperion plant. SPECIAL EL SEGUNDO CITY COUNCIL MEETING MINUTES SEPTEMBER 8, 2022 PAGE 1 MOTION by Council Member Giroux, SECONDED by Mayor Pro Tern Pimentel authorizing the filing on a lawsuit against the City of Los Angeles. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 SPECIAL ORDER OF BUSINESS: 1. Consideration and possible action regarding the City of El Segundo's options to address the ongoing nuisance caused by operations at the City of Los Angeles' Hyperion Treatment Plant, including but not limited to declaring a state of emergency and/or authorizing the initioantion of litigation to address the nuisance. Mark Hensley, City Attorney read by title only; RESOULUTION NO. 5360 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. MOTION by Council Member Giroux, SECONDED by Council Member Pirzstuk approving Resolution No. 5360. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Darrell George, City Manager, mentioned that staff will initiate media outreach related to matters regarding Hyperion Plant. Council Discussion PUBLIC COMMUNICATIONS — (Related to City Business Only — 5-minute limit per person, 30-minute limit total) - NONE Adjourned at 8 24 AI4 Lili Sandoval, Deputy City Clerk SPECIAL EL SEGUNDO CITY COUNCIL MEETING MINUTES SEPTEMBER 8, 2022 PAGE 2