1988 AUG 09 CC MIN71 YD! 111 •♦ wt 11 ?.
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CAT7•TO ORDER by Mayor Carl Jacobson at 7:00 FM
Councilman Anderson
- present
Councilman Clutter
- present
Councilman West
- present
Mayor Pro Tem Dannen
- present
Mayor Jacobson
- present
1. Mayor Jacobson asked for a motion to place an emergency resolution on
the agenda.
Mayor PrdPem Dannen MOVED, Councilman Clutter SECONDED to place this item on
the agenda as an emergency measure.
City Manager Fred Sorsabal stated this matter concerns the Board of Airport
Commissioners recommendation of a hot fire drill site adjacent to the
northern border of the City of E1 Segundo. The resolution would oppose this
particular site but recognize the need and importance for such a site.
Mayor PrdPem Dannen asked that our opposition also include the lack of
Environmental Impact Report and send a letter to the Los Angeles City
Council.
City Attorney Colley stated an addendum: The City of El Segundo also opposes
and protests the conclusions reached in the Environmental Studies in
particular the statement that the air quality would not be affected.
City Attorney Dolley read the title of the following:
N 4welIfivC�7 'aa
A RESOILTPION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA
DECLARING THE HOP FIRE DRILL SITE NO. 2 UNACCEPPABLE TO THE CITIZENS OF
EL SEGUNDO AND RENDING A MORE CENTRALIZED LOCATION WPI7-IIIN LAX.
Councilman Anderson MOVED, Councilman Clutter SECONDED to waive further
reading and adopt.
Mayor Jacobson called for discussion.
Council discussion ensued regarding any hot drill site located on the south
side of the City.
Councilman Anderson amended his motion to include the opposition of any hot
drill site located on the south side of the City, Councilman Clutter
SECONDED. M ON CARRIED BY L VIBI 3M VOICE VOTE.
Council Minutes
August 9, 1988
PIMP 1.•1.87" /' 3 4711 IS r1. a•
2. A Continued Public Hearing from the August 2, 1988 - Consideration of
Revocation or Modification of Hyperion Treatment Plant Conditional Use
Permit.
Public hearing to take testimony for the purposes of reviewing the
Conditional Use Permit for the Expansion of the Hyperion Treatment
Plant and 12000 Vista Del Mar in the Open Space (OS) zone. The City
Council adopted Resolution 3513 on January 19, 1988 approving the
expansion of the Hyperion Treatment Plant, subject to six conditions
regulating construction and operational activities. In response to
public testimony and correspondence received regarding alleged
violations of these conditions, the City Council directed the Planning
Commission to consider possible modification and/or revocation
procedures pursuant to Zoning Code Section 20.96.010. On July 14,
1988, the Planning Commission adopted Resolution 2220 rending to
the City Council modification of the Conditional Use Permit subject to
eight additional conditions. (Environmental Assessment EA -136,
Conditional Use Permit 87 -3). Applicant: City of Los Angeles.
Mayor Jacobson announced that this was the time and place heretofore fixed
for the continued Public Hearing - Consideration of Revocation or
Modification of Hyperion Treatment Plant Conditional Use Permit. Public
hearing to take testimony for the purposes of reviewing the Conditional Use
Permit for the Expansion of the Hyperion Treatment Plant and 12000 Vista Del
Mar in the Open Space (OS) zone. The City Council adopted Resolution 3513
on January 19, 1988 approving the expansion of the Hyperion Treatment Plant,
subject to six conditions regulating construction and operational
activities. In response to public testimony and correspondence received
regarding alleged violations of these conditions, the City Council directed
the Planning Commission to consider possible modification and/or revocation
procedures pursuant to Zoning Code Section 20.96.010. On July 14, 1988, the
Planning C mn,caion adopted Resolution 2220 re=ar ending to the City Council
modification of the Conditional Use Permit subject to eight additional
conditions. (Environmental Assessment EA -136, Conditional Use Permit 87 -3).
Applicant: City of Los Angeles.
Mayor Jacobson asked if proper notice of the hearing had been given. City
Clerk Ron Hart stated notice of the hearing was published in a timely manner
originally by the Planning Department.
Mayor Jacobson asked if there were any written communications received. City
Clerk Ron Hart stated the following communications had been received, as
stated at the August 2, 1988 City Council Meeting:
Samuel L. Hertada
Gerhardt Van Drie
Alex & Reba Chavez
David Van Dillon
Diane Gould
Cynthia G. Kenton
James K. Hahn
Director of Planning, Lynn Harris stated at the meeting of August 2, 1988,
Council appointed two Counci]medDers to meet with the City of Los Angeles
Board of Public Works President and respective City staffs for the purpose
of discussing possible modifications to CUP 87 -3.
(2)
Council Minutes
August 9, 1988
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Council and staff had met and discussed modifications as directed; three
meetings have occurred and several telephone conversations. The amended
resolution has been agreed upon by the City of Los Angeles. The
modifications more clearly define actions necessary by Los Angeles to be in
compliance with the CUP. Director Harris stated staff feels these
modifications are consistent with the Planning Commissions intent and scope
of recommendations made in their Resolution No. 2220 and re=mnerdation of
approval is in order.
Councilman West expressed concern regarding the apparent lack of concern on
the part of Hyperion.
City Attorney Dolley stated the subject resolution contains recomrendations
given to the Planning Commission by Council and testified to by the City of
Los Angeles in adhering to the modifications of the CUP. These
modifications will hold up in a court of law. The citizens who have
sustained damage must seek recourse in claims against the City of los
Angeles/Hyperion. The City Council can only provide an expedient measure for
potential claims the citizens might make against Hyperion and in no way can
the City of El Segundo take claims against the City of Los Angeles.
Mayor Jacobson stated these potential claims are continuing. The dollar
figure for the claim could be more costly at the end of construction.
Mayor ProTem Dannen stated that the resolution does contain wording that
states the City of E1 Segundo can take action against the City of Los
Angeles/Hyperion if the Hyperion does not respond to a citizens claim within
a prescribed period of time.
City Attorney Dolley confirmed Mayor Prdrem Daman's comment.
Mayor Jacobson opened the public hearing to public input.
1. Ralph Nernedy, 7660 W. Imperial Hictiway, Playa del Rey stated a
representative will make a technical evaluation on damage to a residents
hone and another professional capable of making financial evaluations would
then step in.
2. Gerhard Van Drie, 724 W. Pine suggested that 2 million dollars be put
into an escrow account for potential damage payments. A committee of three
would be appointed to review the claims. This might relieve the citizens and
guarantee them financial recourse.
City Attorney Dolley stated there is a delegation of duty. Each city
controls its funds and cannot delegate any person to take control or
distribute these funds.
2. Dave Van Dillon, 727 W. Pine made reference to a modification contained
in the subject resolution.
3. Dennis Nishikawa, Vice President of Board of Public Works. City of Los
Arrleles pledged to give these conditions extra consideration and maintain
and become good neighbors. Mr. Nishicawa committed to maintaining the best
possible relationship with the City of E1 Segundo and its residents. Pledged
to handle the claims in a timely manner and request status reports from his
own staff.
4. Patty Paynter. 920 Dune St. asked if her house was in the 300 foot line
contained within the modifications. Also expressed concern regarding the
potential chemicals being emitted from the Hyperion Plant.
Mayor Jacobson stated Mrs. Paynter house was probably within the 300 foot
mark.
(3)
Council Minutes
August 9, 1988
9C5,M : CNI :Do • :1� 1.15.\ •cu n e•
Manager Sorsabal stated the 300 feet is simply for notification purposes and
is not the errs line for claim procedures.
5. Don Smith. Director of Waste. F4epresentative of Hvpericn stated the
results referenced by Patty Paynter with regard to the chemicals were very
misleading. Hyperion is in cxuplianee with comical toxins emitted in the
air.
6. Marc Anderson, 709 W. Pine stated it is the lives and residents of E1
Segundo that are at stake.
7. Jerzy McKinzie, 712 W. Pine was concerned over not being contacted by
any official of Hyperion.
Mayor Jacobson stated these modifications are a "stiffening up" of present
conditions.
8. Marvin Fine, 737 W. Pine expressed concern over future problems.
9. Madelyn Bennett, 770 W. Imperial was conic�eerned with possible fire.
Mayor Prdrem Dannen suggested going before the Ins Angeles City Council
Meeting and addressing this issue.
10. Dennis Nichikawa stated on behalf of Hyperion they were ready to commit
to the conditions with the modifications as set forth by the City of E1
Segundo.
Councilman Clutter asked when the odor problem would be resolved.
11. Doer Smith stated construction is underway to take care of the odor
problem. The climate has a lot to do with the odor problems as we are in a
basin with an inversion.
City Attorney Dolley stated the claim procedure agreed to in the
modifications is quite a unique situation. No City in this area adheres to
conditions that astringent.
12. J.B. Wise, 519 Marylarrl asked if an independent assessor could assess
the damage.
13. Alex Chavis, 728 W. Pine asked when the ombudsman would be hired as he
had a claim pending.
City Manager stated the job description is underway.
Mayor Jacobson stated this matter would be considered as expeditiously as
possible.
14. Janice Fowler, 702 Yucca Street agreed with Mr. Van Drie's suggestion
to have an escrow account. Ms. Fowler suggested a waterless sewage disposal
and stated the Council insist on knowing the chemicals being emitted in the
air.
Mayor Pr Tem asked to continue this public hearing to the next Council
Meeting so as to attend the Los Angeles City Council Meeting.
City Attorney Dolley suggested individual Council memhars attend the
Los Angeles Council Meeting.
At the hour of 8:55 p.m Council recessed to the Mayor's Office to confer
with the City Attorney. At the hour of 9:16 p.m. Council reconvened in the
Council Chambers with all members present and answering roll call.
(4)
Council Minutes
August 9, 1988
SPECIAL CRUERS OF BUSINESS (continued)
Mayor Jacobson suggested raising the notification footage (page 2 7A, Page 3
7C and the second portion of 11) to 500 feet east.
In number 8 the ombudsman, would also be responsible for preparing an
independent evaluation of property damage for claims.
Councilman Clutter suggested reading the entire CUP to the viewing audience.
City Manager Sorsabal suggested sending the effected residents a copy of the
subject document.
Dennis Nishikawa stated on behalf of Hyperion they would agree to the
additional amendments as suggested by Council and stated by Mayor Jacobson.
City Attorney Dolley stated the wording for number 8 regarding the ombudsman
could read: ... "which shall include but not be limited to an independent
evaluation of claims."
Council conferred with this wording.
Mayor PrdPem Dannen MOVED, Councilman Clutter SECONDED to close the public
hearing. M7I'ICN CAARtm BY UNANIMOUS VOICE WiE
Mayor Prdrem Dannen MOVED, Councilman Clutter SECONDED to direct the City
Manager to arrange for a special day to appear before the Los Angeles City
Council and have the Mayor contact the Los Angeles City Council to arrange
for a time to meet in their council chamber to discuss this issue.
Council discussion ensued.
Mayor ProTem Dannen withdrew his motion, Councilman Clutter withdrew his
second.
Mayor PrffDem Dannen insisted this matter be addressed as expeditiously as
possible.
Councilman West MOVED, Councilman Anderson SECONDED to waive further
reading. M TCN C AFRIED BY THE FULL NnU VOICE VOTE:
AYES: Councilmen Anderson, West and Mayor Jacobson
NOES: Councilmen Clutter and Danner
Mayor ProTem Dannen MOVED, Councilman Clutter SECONDED to read the new
conditions and the title of the resolution as set forth by the Council.
NOTION CAFE BY UNANIMOUS WICE VUIE.
City Attorney read the following:
SECTION 2. In view of the above findings, the City Council adds the
following new Conditions Nos. 7 through 14, to CUP87 -3 /EA -136 in addition to
those imposed by City Council Resolution 3513, Section 1:
(7) The applicant shall comply with the following schedule for response to
public complaints and damage claims procedures attributable to the
project's construction and operational activities:
(a) Establish a 24 -hour telephone "hotline" to receive public calls
regarding Hyperion activities, to be publicized to adjacent
property owners within a minimum 500 feet east of the Department
of Water and Power's easterly easement line or by newspaper,
direct mail or other appropriate methodology.
(b) Within 24 hours or one working day of the time the telephone
"hotline" call is received, a responsible person (a construction
manager or a project engineer) from the Hyperion Treatment Plant
shall respond to the complaint.
(5)
Council Minutes
August 9, 1988
(c) Establish a construction related claims procedure flow chart to be
publicized to adjacent property owners within a minimlm, 500 feet
east of the Department of Water and Power's easterly easement
line, which incorporates the following timeline, measured from the
date a claim or written complaint is jived by the City of los
Angeles:
1. Completion of property clean up (eg. blown sand):
5 working days
2. Minor property damage (less than $5,000):
Investigate claims within 10 working days; respond
to property owner with proposal of resolution
within 45 days.
3. Property damage (greater than $5,000)
Arrange for property inspection within 10 working
days; investigate claim within 60 days; respond to
property owner with explanation of proceedings for
resolution within 90 days.
(8) An ombudsman shall be hired as soon as possible for the duration of the
construction of the Hyperion plant expansion, to facilitate
comuucation, and processing of complaints and claims. The ombudsman
shall be jointly hired aril /or jointly fired by the City of El Segundo
and the City of Los Angeles, at the applicant's expense. The City of E1
Segundo and the City of Los Angeles shall jointly develop the
description of duties, which shall include but not be limited to an
independent evaluation of claims responsibilities and hours and place
of work.
(9) The applicant shall implement a procedure to notify affected neighbors
and the City of E1 Segundo in advance of potential activities at the
Hyperion site which may result in excessive noise and/or vibrations.
The City of E1 Segundo shall review and approve the procedure.
(10) Within 30 days of adoption of this resolution, the applicant shall
submit a vibration monitoring program prepared by an experienced
vibration engineer. The program shall determine the location and type
of inmstrwnentation necessary to measure and record vibrations on a 24
hour basis; shall establish a schedule for transmittal of data to the
City of E1 Segundo on a regular basis, and shall establish a vibration
standard beyond which activities causing vibration should be reduced.
The program shall be subject to approval by the City of E1 Segundo.
Upon approval, the City Manager of E1 Segundo and the Los Angeles City
Engineer, or their designees, shall jointly establish the schedule for
implementation and duration of the program.
(11) Construction activities shall be limited to the hours specified in City
Council Resolution No. 3513, Condition -No. 2(a); no construction
activity shall occur on Sundays and holidays. Vehicle and equipment
maintenance activity shall not be conducted outside these working hours
within 300 feet of the Department of Water and Power's easterly
easement line. Construction activities involving life threatening
situations are exempt from this condition provided the City of Los
Angeles notifies the City of E1 Segundo City Manager and all property
owners within 500 feet east of the Department of Water & Power's
easterly easement line within one working day of the circumstances
requiring an exemption. Major equipment rescue operations and permit
violation prevention activates may be exert from this condition
provided the City of Los Angeles notifies the City of E1 Segundo City
Manager and all property owners within 500 feet east of the Department
of Water and Power's easterly easement line within one working day of
the circumstances requiring exemption.
(6)
Council Minutes
August 9, 1988
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(12) Construction and excavation activities shall Minimize the blowing and
erosion of sand and dust. Immediate measures shall be taken to prevent
sand from disturbed area from blowing off -site. Dust and sand control
measures may include but not be limited to watering dawn the site,
bydramilching, constructing a snow fence or other methodology.
(13) Within 30 days from the date of this Resolution, the applicant shall
submit a revised landscape and irrigation plan for review and approval
by the Planning and Parks and Recreation Departments. The landscape
plan shall include revegetation of all areas disturbed by construction
activity to control dust and erosion and to restore the disturbed areas
to a landscaped condition.
(14) The funds for damage claims settlement established by Condition No.
4(g) of City Council Resolution No. 3513 shall be held in reserve until
one year following the completion of all construction activities
authorized by CUP87 -3. These funds may be used to repair latent
property damage attributable to construction activities and vibrations.
Should the funds established by Conditions 4(g) of City Council
Resolution No. 3513 be depleted prior to completion of construction
activities authorized by CUP 87 -3, the City of Los Angeles shall
continue processing damage claims and make adequate funds available
until one year following the completion of all construction activities
authorized by CUP 87 -3.
SE]LMCN 3. The City Clerk shall certify to the passage and adoption
of this resolution; shall enter the same in the book of original resolutions
of said city; and shall make a minute of the passage and adoption thereof in
the record of the proceedings of the City Council of said city, in the
minutes of the meeting at which the same is passed and adopted.
Mayor ProTem Danner MOVED, Councilman Clutter SECONDED to approve adoption.
147PION CARFUID BY UNANINDUS VOICE VUM.
PM!4ORTATS - NONE
CICGM SESSICNS
Pursuant to the California Gover orient Code a Closed Session will be
held on the following matters: NONE
GC 54956.9(a)
(City
a party to pending litigation)
None
GC 54956.9(b)
(City
might have significant exposure to litigation)
0 matter
GC 54956.9(c)
(City
might decide to initiate litication)
0 matter
GC 54957
Personnel matters
0 matter
GC 54957.6
Ermloyee
Group Negotiations
0 matter
GC 54956.8
Real
Estate Negotiations
0 matter
GC 54956.7
Challencrina
Licensee
0 matter
At the hour of 9:45 p.m. Council adjourned to Wednesday, August 10, 1988 at
6:00 P.M.
•i��•1111
RONALD L. HART, CMC, CITY CLERK