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CC RESOLUTION 3551RESOLUTION NO. 3551 A RESOLUTION OF THE CITY COUNCIL OF THE CITY . OF EL SEGUNDO, CALIFORNIA, ADDING NEW CONDITIONS TO CONDITIONAL USE PERMIT 87 -3 AND ENVIRONMENTAL ASSESSMENT EA -136 FOR EXPANSION OF THE HYPERION SEWAGE TREATMENT PLANT AT 12000 VISTA DEL MAR; PETITIONED BY THE CITY OF LOS ANGELES. WHEREAS, on January 19, 1988, the City Council adopted Resolution No. 3513 approving a Conditional Use Permit 87 -3 to allow construction of a new primary sedimentation tank, retaining walls, utilities and site grading for the expansion of the Hyperion Treatment Plant, a portion of which is located within the Open Space zone of the City of E1 Segundo; and WHEREAS, the approval of the Conditional Use Permit included six conditions of approval pertaining to construction and operational activities relating to Hyperion Treatment Plant; and WHEREAS, in response to written and oral public communication received regarding the applicant's compliance with the conditions of approval, the City Council directed the • Planning Commission to hold a public hearing to take testimony for the purpose of reviewing the Conditional Use Permit and to make recommendations regarding possible modification and /or revocation procedures pursuant to Zoning Code §20.96.010; and WHEREAS, on June 30, 1988, a duly advertised public hearing was held on such matter at a special meeting of the Planning Commission, which public hearing was adjourned to a study session held on July 7, 1988 and continued to July 14, 1988; and WHEREAS, at the public hearing held on June 30, 1988 public testimony was received documenting concerns and potential viola- tions of the Conditional Use Permit and testimony was received from the applicant documenting efforts to comply with the conditions of approval of Resolution No. 3513; and WHEREAS, at the special study session held on July 7, 1988, possible modifications to the Conditional Use Permit to address the concerns raised during the public hearing were discussed, and staff was directed to prepare recommendations to modify the Conditions; and • WHEREAS, at the public hearing held on July 14, 1988, the Planning Commission adopted Resolution No. 2220, recommending to the City Council modification of CUP 87 -3 /EA -136 with the addition of eight new Conditions in addition to those imposed by City Council Resolution No. 3513; and WHEREAS, on August 2, 1988, City Council held a duly advertised public hearing in Council Chambers at 350 Main Street, to take testimony for the purpose of reviewing the recommendations regarding possible modification and /or revocation procedures pursuant to Zoning Code §20.96.010, which public hearing was continued to August 9, 1988; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AS FOLLOWS: SECTION 1. The City Council after considering the above- referenced testimony and study of Conditional Use Permit 87 -3, Environmental Assessment EA -136, finds as follows: 1. Substantial public testimony and correspondence has been received which documents a lack of compliance with City Council Resolution No. 3513 regarding construction activit- ies and noise /vibration monitoring relating to the Hyperion Treatment Plant Expansion. -1- JOA:R- 080988.PL 2. Public testimony documents construction activity and main- tenance of construction equipment which has occurred prior to 7:00 a.m., and after 6:00 p.m. on weekdays and Saturdays, and on Sundays and holidays, in violation of Condition No. 2(a); and on extremely windy days in violation of Condition No. 2(c). These activities have resulted in disturbances and nuisances to neighboring residences due to noise, glare from night lighting, and blowing sand and dust. 3. Graded and excavated areas have been watered down inade- quately to control dust, in violation of Condition No. 2(d). Additional measures are needed to prevent the ongoing occurrence of blowing sand and dust onto adjacent proper- ties. 4. Public testimony documents reports of property damage due to construction activities and vibrations, and a lack of responsiveness on the part of the applicant to complaints received. Additional measures are needed to expedite the settlement of legitimate construction damage claims to be consistent with the intent of Condition No. 4(g). Addition- al measures are also needed to better monitor the vibrations from flare testing, site grading, and pile driving opera- tions to determine when such operations should be discon- tinued, to be consistent with the intent of Condition No. 4 (h) . 5. Public testimony has been received regarding the need to revegetate and aesthetically restore construction areas with landscaping in order to control dust and erosion, and to improve the visual appearance and open space use of the project area, to be consistent with the intent of Conditions Nos. 1 and 4(m). 6. Public testimony regarding odors from the treatment plant reemphasize the need for compliance with the improvement schedules outlined in Resolution No. 3513 for the installa- tion of odor control equipment. 7. Public testimony has challenged the adequacy of the 1976 Environmental Impact Report under which the plant expansion was environmentally cleared, particularly regarding the geotechnical information needed to address the effects of site excavation, grading, watering, vibrations and shoring techniques on slope stability and on adjacent properties. Additional geotechnical information is needed prior to resumption of activities which may cause excessive vibra- tions. 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. -2- JOA:R- 080988.PL (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. (c) Establish a construction related claims procedure flow chart to be publicized to adjacent property owners within a minimum 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 received 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 expan- sion, to facilitate communication, and processing of com- plaints and claims. The ombudsman shall be jointly hired and /or jointly fired by the City of E1 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, responsibilities and hours and place of work, which shall include, but not be limited to providing, an independent evaluation of claims to property owners. (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 exces- sive 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 instrumentation necessary to measure and record vibrations on a 24 hour basis; shall establish a schedule for transmittal of data to the City of El Segundo on a regular basis, and shall establish a vibra- tion standard beyond which activities causing vibration should be reduced. The program shall be subject to approval by the City of El Segundo. Upon approval, the City Manager of El 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 & Power's easterly easement line. Construction activities involving life threatening situations are exempt form 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 -3- JOA:R- 080988.PL 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 activities may be exempt from this condition provided the City of Los Angeles notifies the City of El 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. (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 areas from blowing off -site. Dust and sand control measures may include but not be limited to watering down the site, hydromulching, constructing a snow fence or other methodol- ogy. (13) Within 30 days from the date of this Resolution, the ap- plicant shall submit a revised landscape and irrigation plan for review and approval by the Planning Department and the Parks and Recreation Department. 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 attribut- able to construction activities and vibrations. Should the funds established by Conditions 4(g) of City Council Resolu- tion No. 3513 be depleted prior to completion of construc- tion 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. SECTION 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. PASSED, APPROVED AND ADOPTED this 9th day of,August, 1988. ayor of teWe Cfty of El Segundo, California -4- JOA:R- 080988.PL STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Ronald L. Hart City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 3551 was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 9th day of August 1988 and that the same was so passed and adopted by the following vote: AYES: Councilmembers Anderson, Clutter, Dannen, West and Mayor Jacobson NOES: None ABSENT: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 22nd day of August, 1988. C1 RONALD L. HART City Clerk of the City of E1 Segundo, California (SEAL)