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1989 OCT 30 CC MINEL SEGUNDO CITY COUNCIL ADJOURNED REGULAR MINUTES - OCTOBER 30,1989- 7:00 PM CALL TO ORDER by Mayor Jacobson at 7:00 p.m. PLEDGE OF ALLEGIANCE led by Councilman Anderson ROLL CALL Councilman Anderson - present Councilman Clutter - present Councilman Dannen - present Councilman West - present Mayor Jacobson - present SPECIAL ORDERS OF BUSINESS 1. HYPERION STATUS REPORT ON PROJECT ACTIVITIES - Report by City Manger Ron Cano. City Manager Cano presented an update briefing to the October 17, 1989 staff reports presented to the City Council regarding the Hyperion Expansion construction of the digesters and public input and action taken in regards to the Hyperion Treatment Facility. Mr. Cano reported the City's finalized official report was submitted to the Environmental Protection Agency in San Francisco on October 23, 1989. City Manager Cano felt the personal interaction and the personal presentation of delivering the City's document was very beneficial for the community. The report was delivered by Mr. Cano and Mayor Jacobson. Manager Cano stated the report requested the EPA take a comprehensive look at the environmental impact statement with a fresh viewpoint of recent consequences to our City; to also identify alternatives to Hyperion's present plan of action; for the EPA to derive mitigating measures to address the City's concerns; to provide an opportunity for the citizens of El Segundo through our City Council to review the EPA's draft statement before it becomes official; and for them to be unbiased. Mr. Cano confirmed with the senior personnel at the EPA the City would have the opportunity to review the draft position before it becomes official. Manager Cano continued felt the City still did not have enough factual data, in his opinion, to take indicative legal action. However, through a procedural process, as we see opportunities we will act upon them. It is necessary to examine documents from 1976 to present. Mr. Cano stated the goal is consistent with the direction of the City Council and also the community's interests. The goal is to identify opportunities to challenge the current and future upgrades and expansions to the Hyperion Treatment Plant to a halt construction activity until all significant environmental, social, public health, and overall quality of life issues have been addressed to a reasonable satisfaction to the citizens of El Segundo. That, Mr. Cano stated, is the goal, the city is aggressively pursuing and within 60 to 90 days, he feels staff will be in a position to recommend to Council specific areas where we can be confident in addressing the City's issues to the courts. Assistant City Attorney Bob Wadden was concerned with the relationship of the existing construction and the overall project. Legally, we need to look at what the technical relationship is to determine if there is a tie -in. Attorney Wadden further stated he was concerned with the public nuisance aspects and whether or not all the present construction has gone through all the necessary review processes of the City of Los Angeles. (1) Council Minutes October 30, 1989 SPECIAL ORDERS OF BUSINESS - continued Mayor ProTem Dannen asked Mr. Cano if the City was hiring additional legal assistance, over and beyond our attorney. Mr. Cano replied, the City has hired a consultant, Jim Anderson, who has a broad background in wastewater issues. Mr. Anderson will be coordinating with our City Attorney. Mayor ProTem Dannen asked the City Manager how much it would cost the City to have the legal background completed in 30 days, instead of the 60 -90 days as previously noted. City Manager Cano, stated his major concern is results, and in the next couple of weeks he should be in a better position to inform Council on reasonable time expectations. Councilman Clutter expressed concern with the length of time predicted to establish a legal foundation for action. Councilman Anderson expressed concern with the time it would take the EPA to review the documents that were delivered by Mr. Cano and the Mayor. Mayor Jacobson stated that the San Francisco Earthquake may slow the EPA's response, but he felt comfortable that they would act expeditiously. PUBLIC COMMUNICATIONS (City Business Only -5 minute limit) 1. Gerhardt Van Drie, 724 W. Pine suggested a banner across Main Street, "Save Our Ocean View ". 2. John Van Hook, Chairman of SEE organization stated he appreciated City efforts with Hyperion, however, he was very concerned about the time element. Hopes we have a definite answer by November 7, 1989 whether the City is going to take legal action. 3. Frank Wong, 423 Valley, questioned the legal action against Hyperion before City has the accurate facts. Questioned the expense to the City and thought it very risky. He does not think officials in Washington, D.C. can help El Segundo, either. 4. Don Cohen, resident stated he was concerned with what the Hyperion promised when they received their exemption from the Coastal Commission. Interested in all their previous "promises" and commitments. 5. Lynn Bonea, 929 Dune Street, stated when the Coastal Commission was established, Hyperion was exempted, along with parts of the refinery from the beginning. Questioned if the City receives a tally of citizens complaints regarding Hyperion, especially with odors, as he has had to leave the area to avoid extreme chemical smelling odors. Councilman West commented on the inadequate reporting of complaints to the City. Lisa Bonea, resident and member of SEE stated the AQMD is our only hope for claiming Hyperion as a public nuisance, although they keep excellent records. Councilman Anderson suggested placing the complaint tallies in the Herald, the list from the Hyperion and the list from the AQMD. Councilman West agreed. (2) Council Minutes October 30, 1989 SPECIAL ORDERS OF BUSINESS - continued Sam Faruta, Hyperion Construction Division Engineer, stated in regards to the response to the people who answer the complaint hotlines, he agreed with Mr. Bonea, the phone personnel are not odorous experts. They are plant superintendents or generalists. If there is an indication the complaints require more information, the plant superintendent will refer it to the plant experts. It's not a matter of hiding information but trying to transfer to the person who can adequately respond to the complaint. With regards to odor information, Mr. Faruta stated the Hyperion Staff has conducted two odor studies, one a year ago, and one just recently. Both reports were given to the City. Mr. Faruta agreed that in the monthly newsletter the odor complaints for that period could be addressed, using lay terms. The new facility that is being built will assist in reducing odors. The plant is 35 years old and that is one of the major problems. As humans, Mr. Faruta admitted, they make mistakes, but they were trying to pass on accurate, honest and helpful information to the community. At the hour of 8:07 p.m. Mayor ProTem Dannen left the dais. At the hour of 8:10 p.m. he returned. Mr. Faruta made reference to vibration complaints and contributed that to recent construction efforts. At the hour of 8:34 p.m. Mayor ProTem Dannen left the dais. At the hour of 8:35 p.m. he returned. Mr. Faruta went on to explain that plant operations have been adding Ferrous Chloride to its treatment for improving the quality of the influent and minimize odors. The plant has less odors now then it did 1/2 years ago and odor studies indicate this fact. The odor studies are available to Council if they would like copies. Mayor ProTem Dannen questioned the availability of the odor studies and was given indication that none existed. Mr. Faruta responded by stating that on the original liquid odor study many of the requirements listed in the C.U.P. contain activities such as putting an odor scrubber on the east headworks. The odor recommendations are being put into effect. With the existing facility, the plant cannot eliminate odors. As the facility is improved, odors will diminish but not disappear entirely. The old digesters, Mr. Faruta explained, leak odors because of their flat -top design and the cracks that occur. There are two primary projects that are underway: 1) Primary Battery D -which calls for the installation of covers on the new primary tank and new odor control facilities; and 2) Primary Battery Modernization Unit 1 - calls for the installation of odor scrubbing equipment on existing tanks. These capital improvements take time but improvements have been made and will continue as time goes on. Councilman Clutter asked if it was possible to redesign the digesters. Mr. Faruta stated it is possible, but a shorter design would eliminate much needed volume that the current design provides, and with a shorter design more digesters would be needed. Hyperion is looking into a shorter height design, however, that would compensate in both areas. Frank Wong, 435 Valley urged Council to approach with caution. (3) Council Minutes October 30, 1989 SPECIAL ORDERS OF BUSINESS - continued Suma Uta, Maple Street resident stated the City will always have problems because of proximity and urged Hyperion to move their construction north. Edna Odum, W. Palm resident suggested moving the facility to Jefferson and Culver Boulevard. Adrian Collis, 770 W. Imperial stated the AQMD has been very responsive. City Manager Cano summarized by stating the strategy will create an open channel to Hyperion for odor complaints. Staff will be recommending to the City of Los Angeles and Hyperion, from an operations point of view, how the solution can be acquired through a technical approach rather than emotional. CLOSED SESSION At the hour of 8:50 p.m. Council adjourned to the Mayor's Office for a closed session. Council moved into closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54950, et sea..) as announced by the City Attorney, for the purposes of conferring with the City Attorney on potential and/ or existing litigation and /or discussing personnel matters. One Matter under GC 54956.9 (c) ADJOURNMENT Council adjourned to Tuesday at 5:30 for a special oral report on the San Francisco Earthquake. RECORDED, RONALD L. HART, CMC, CITY CLERK (4) Council Minutes October 30, 1989