File #: 2021-864    Version: 1 Name:
Type: Consent Status: Agenda Ready
File created: 11/1/2021 In control: City Council
On agenda: 11/16/2021 Final action:
Title: CONSIDER ADOPTING A RESOLUTION CONTINUING IN EFFECT THE PROCLAIMED LOCAL EMERGENCY RELATED TO THE DOMINGUEZ CHANNEL ODOR (CITY COUNCIL)
Attachments: 1. (Proposed) Resolution No. 21-157, 2. Resolution No. 21-147
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Report to Mayor and City Council

Tuesday, November 16, 2021

Consent

 

 

SUBJECT:                     

Title

CONSIDER ADOPTING A RESOLUTION CONTINUING IN EFFECT THE PROCLAIMED LOCAL EMERGENCY RELATED TO THE DOMINGUEZ CHANNEL ODOR (CITY COUNCIL)

 

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I.                     SUMMARY

On October 25, 2021, the City Council ratified the proclamation of a local emergency related to the Dominguez Channel Odor pursuant to Resolution No. 21-147. Resolution No. 21-147 requires the City Council to review the continuing need for the proclaimed local emergency no less frequently than every 30 days until the proclaimed local emergency is terminated.

The purpose of this item is for the City Council to review the need to continue the proclaimed local emergency, per Resolution No. 21-147. Based on the persistence of the conditions and circumstances that gave rise to the initial need to proclaim the local emergency, despite significant improvement indicated by recent air and water testing, staff recommends continuing the proclaimed local emergency in effect until the next time the City Council is required to review the continuing need (within 30 days). 

 II.                     RECOMMENDATION

Recommendation

                     TAKE the following actions:

1.                     ADOPT Resolution No. 21-157, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, CONTINUING IN EFFECT THE PROCLAIMED LOCAL EMERGENCY PURSUANT TO RESOLUTION NO. 21-147 RELATED TO THE DOMINGUEZ CHANNEL ODOR (Exhibit No. 1).”

 

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III.                     ALTERNATIVES

TAKE another action the City Council deems appropriate.

 

IV.                     BACKGROUND

On October 25, 2021, the City Council ratified the proclamation of a local emergency pursuant in the City of Carson, as set forth in Resolution No. 21-147, pursuant to Government Code Section 8558(c) and Carson Municipal Code Section 3705(a) related to the existence of a noxious odor emanating from the Dominguez Channel. (Exhibit No. 2).

Resolution No. 21-147 provides that the City Council shall “review within 30 days . . . , until such Local Emergency is terminated, the need for continuing the Local Emergency at the earliest possible date that conditions warrant.”

Update on Results of Recent Testing

As of November 8, 2021, results of air testing conducted by County agencies were showing single-digit readings, i.e., no readings above 10 parts per billion (ppb) in most readings. At AQMD’s Rule 1180 fixed air quality monitors located throughout the community, they had had seven days of zero- or single-digit readings.  Only one AQMD monitor had had spikes above the State’s nuisance threshold of 30 ppb.  On the night of November 5, 2021, that monitor was 38 ppb; on the night of November 6, 2021, it was 34 ppb; and on the night of November 7, 2021, it was 28 ppb, the first day of testing that there was no exceedance above 30 ppb at any location in the City.

However, further testing is needed, particularly at night when concentrations tend to be higher, to confirm the effectiveness of the measures being taken and the ongoing amelioration of the air quality conditions. County Public Health has indicated that while they are not ready to call an end to the nuisance/emergency yet, they are beginning to assess some of the outreach materials and how they can prepare residents for their return home.

The County had also received additional information as of November 8, 2021 about its efforts at oxygenation of the water.  While the County is continuing the use of air bubblers, it is also applying a material that consists of deactivated carbon and sand, which will sink to the bottom and create a layer on top of the muck on the bottom to coat and neutralize some of the material sitting at the bottom.  They are also testing levels of acetone in the water, which is associated with the production of H2S.  Their testing shows dropping levels of H2S in the water, partly due to the effects of the continued application of Epoleon as an odor neutralizer and partly due to the oxygenation activity, but the dissolved oxygen levels - which was thought to be the best indicator for healthy water and the ability of the channel to become aerobic vs. anaerobic - had barely budged.  The County now believes that the measurement of acetone (as it points to Hydrogen Sulfide) instead, combined with the positive air quality readings, is a better indicator of the success of their efforts than dissolved oxygen at this stage in the recovery, because the Dominguez Channel is still processing a lot of dead organic material that is stripping the oxygen.

Despite these signs of improvement, the noxious odor and other circumstances that necessitated the proclamation of local emergency persist and there is a need for continuing the local emergency for the time being. Accordingly, staff recommends adoption of the proposed resolution to continue the proclaimed local emergency in effect.

If the proposed resolution is adopted, the City Council will need to again review the continuing need for the proclaimed local emergency within 30 days following adoption of the resolution.

 

V.                     FISCAL IMPACT

There is no direct fiscal impact associated with this staff report. The financial impacts associated with the Dominguez Channel Odor Event are being addressed separately. This item pertains specifically to the emergency declaration.

 

VI.                     EXHIBITS

1.                     Proposed Resolution No. 21-157 (pgs. 4 - 6).

2.                     Resolution No. 21-147 (pgs. 7 - 12).

 

Prepared by:  City Attorney's Office and City Manager's Office