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CC MINS 20101130 ADJMINUTES RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING NOVEMBER 30, 2010 The meeting was called to order at 7:11 P.M. by Mayor Wolowicz at Fred Hesse Community Park, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. City Council roll call was answered as follows: PRESENT: Campbell, Long *, Stern, and Mayor Wolowicz ABSENT: Misetich (excused) *Mayor Pro Tem Long was present via teleconference from 7:11 P.M. to 10:21 P.M. from the Flatotel, 135 West 52nd Street, New York, New York 10019. Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager; Carol Lynch, City Attorney; Dennis McLean, Director of Finance /Information Technology (IT); Greg Pfost, Deputy Community Development Director; Tom Odom, Interim Recreation and Parks Director /Deputy Director of Public Works; Kathryn Downs, Deputy Director of Finance /IT; Eric Mausser, Human Resources Manager; Adam Raymond, Senior Administrative Analyst; and Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Councilman Campbell. MAYOR'S ANNOUNCEMENTS: None. RECYCLE DRAWING: None. APPROVAL OF THE AGENDA: Councilman Stern moved, seconded by Councilman Campbell, to approve the agenda with the Recycle Drawing removed from the Agenda. The motion passed on the following roll call vote: AYES: Campbell, Long, Stern, and Mayor Wolowicz NOES: None City Council Minutes November 30, 2010 Page 1 of 7 ABSENT: Misetich PUBLIC COMMENTS: Sharon Yarber, Rancho Palos Verdes, offered an apology to the Council Members for a recent email which contained an inappropriate insinuation and thanked the Mayor for his patience during the recent long meetings and his politeness and respectful treatment of residents. Noel Park, Rancho Palos Verdes, stated that he was present in support of friends in Rancho Palos Verdes and San Pedro who live near and have concerns regarding the liquid petroleum gas (LPG) facility tanks located on North Gaffey Street. He noted the potential for problems and extreme danger at this facility and the need for resolution of the problem. Jeanne Lacombe, President, Rolling Hills Riviera Homeowners Association (HOA), Rancho Palos Verdes, stated that she had concerns regarding the LPG propane and butane gas tanks in the Rancho LPG area located on Gaffey Street. She requested that the City Council send a letter to the Mayor of Los Angeles requesting the use of the City of Los Angeles' Redevelopment funds to relocate the tanks away from the nearby residences to remove the existing danger. She also requested a letter to the Los Angeles City Fire Department regarding the upcoming closure of the HazMat Containment Facility in San Pedro, since the temporary funding of that facility has been discontinued, and this raises concerns in the event of an emergency. In addition, she requested the adoption of a resolution regarding the findings of the Quantitative Risk Analysis of October 2010 and the vulnerability of the residents of Rancho Palos Verdes and surrounding County of Los Angeles residents to vapor cloud explosions at the Rancho LPG facility. Janet Gunter, San Pedro Peninsula Homeowners, San Pedro, stated that she was very concerned about a potential catastrophe at the LPG facility which originally was built without a risk analysis study and submitted a letter from her HOA group. She stated that the facility should be relocated as it qualifies as an ultra- hazardous facility which is a problem that has not been dealt with legally. She noted that the blast radius of the facility was immense considering its close proximity to the Conoco Phillips refinery, the Harbor with multiple marine oil sources, and location over at least 50 pipelines of various chemicals running to and from the Port of Los Angeles and inland. Jody James, Board Member, San Pedro Peninsula Homeowners United and San Pedro and Peninsula Homeowners Coalition, San Pedro, stated that the Quantitative Risk Analysis was recently sent to the Council and noted that the Environmental Protection Act personnel were unable to release some information to the citizen groups. She stated that the 25- million gallon butane and propane facility was installed in piecemeal after the surrounding residences were already in existence. She reported that the homeowners have sought assistance from several officials on the State, local and City Council Minutes November 30, 2010 Page 2 of 7 Federal levels, noting that a catastrophe at the facility would with a 7 -mile radius take out the entire Peninsula; and requested the support of the City and Council in the efforts to relocate the facility. CITY MANAGER REPORT: None. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: Councilman Stern moved, seconded by Councilman Campbell, to approve the Consent Calendar as presented. The motion passed on the following roll call vote: AYES: Campbell, Long, Stern, and Mayor Wolowicz NOES: None ABSENT: Misetich Motion to Waive Full Reading Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all Council Members after the reading of the title. Approval of the Minutes Approved the Minutes of the November 4, 2010 Regular Meeting. Status Report on 2010 Tactical Goals Received and filed this report. Request to File a Conditional Use Permit Revision Application from AT &T Mobility Authorized the City Manager to sign the Conditional Use Permit Revision application, allowing AT &T Mobility to seek approval to modify its existing wireless telephone installation on the monopole at City Hall. REGULAR NEW BUSINESS: City Council Minutes November 30, 2010 Page 3 of 7 Pension Workshop City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Human Resources Manager Mausser provided an introduction to the item. Senior Administrative Analyst Raymond highlighted the topics to be discussed regarding the City's current pension plan, the current trends, and other pension plans available as to be presented by the two guest speakers, Kung -pei Hwang and John Bartel. Mr. Raymond introduced Mr. Kung -pei Hwang. Kung -pei Hwang, Senior Pension Actuary, CaIPERS, provided a detailed report and PowerPoint of the history, overview of the investments, returns, employee benefits, costs, and alternatives of the CaIPERS retirement system, as well as the 2009 actuarial valuation of the City's plan. Discussion ensued between Council, staff and Mr. Hwang. RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 8:59 P.M. to 9:09 P.M. Senior Administrative Analyst Raymond introduced Mr. John Bartel. John Bartel, President, Bartel Associates, LLC, provided a detailed PowerPoint and report regarding Defined Benefit/Defined Contribution pension plans and the basic principles of pension reform, as well as terminology, pension trends, and recommendations made by the League of California Cities. Discussion ensued between Council, staff, and Mr. Bartel. Mayor Pro Tem Long left the meeting at 10:21 P.M. Councilman Stern moved, seconded by Councilman Campbell, to receive and file the report. Without objection, Mayor Wolowicz so ordered. Municipal Area Express (MAX) City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were three requests to speak regarding this item. Finance /IT Director McLean provided a brief staff report regarding this item. Council and staff discussion ensued. City Council Minutes November 30, 2010 Page 4 of 7 Jim Mills, Transit Administration Manager for the City of Torrance Transit System and Program Manager for the MAX Service, Torrance, stated that he learned of the concerns of the City of Rancho Palos Verdes after the November 16, 2010 Council Meeting and provided information to Mr. Raymond. He commented that the City of Rancho Palos Verdes has participated in the MAX Program since its inception in 1990 and appreciated the City's concerns and would like to resolve the issues that have been raised. He reported that Torrance staff has had limited success identifying the documentation that specifically details the methodology for the formula regarding the proportionate share of payment by each of the participating agencies. He noted that one of the elements in the formula is boarding in addition to other variables and normalization of the formula. He stated that if the City of Rancho Palos Verdes desires the formula to be revisited Councilman Misetich, as the City's representative, should make that request at the Policy Steering Committee (PSC) Meeting on December 6, 2010. He noted that the MAX PSC appreciates the City's participation over the years and desires to continue the partnership. Discussion ensued between the Council, staff, and Mr. Mills. Sam Osofsky, Rancho Palos Verdes, stated that he has used the MAX System, which is the only system that provides direct transportation during the commute hours to and from the El Segundo area for residents of Rancho Palos Verdes. He stated that he reviewed the statistics provided with the staff report and there seem to some inaccuracies regarding the boarding statistics. He opined that the Rancho Palos Verdes ridership levels would be better estimated at 9.5 to 11% of all travelers rather than the 3 -4% current estimate. He noted that his commute time would double on the alternate public transportation choices such as the Metropolitan Transportation Authority (MTA). He urged the City to continue its participation in the MAX Program as it serves the riders and citizens of Rancho Palos Verdes and the environment. Alan Jenkin, Rancho Palos Verdes, stated that he works for the Aerospace Corporation in El Segundo. He reiterated that the statistics used to estimate the ridership is a significant underestimate and opined that the estimate is closer to 10 -12% from his observations over the years that he has been riding the MAX bus since 1997. He stated that he thought the 16% share of cost for Rancho Palos Verdes and recent expenditures by MAX appeared to be high, and suggested that the City negotiate with MAX Transit. He noted that the benefit to the community of Rancho Palos Verdes has been underestimated in the report. Council and staff discussed ensued. Councilman Stern moved, seconded by Councilman Campbell, to: 1) Direct Staff to immediately notify the City of Torrance (Lead Agency) and the other Member Agencies that Rancho Palos Verdes is withdrawing from Municipal Area Express (MAX) Transit, effective June 30, 2011; and, 2) Direct staff to explore with the City of Torrance, City Council Minutes November 30, 2010 Page 5 of 7 Torrance Transit Staff, an alternate agreement that more adequately represents ridership of each participating agency and includes additional protections needed to address fiscal concerns, and advise the City Council if additional or revised financial information is dramatically different than currently indicated by City Staff. Council and staff discussion continued. The motion passed on the following roll call vote: AYES: Campbell, Stern, and Mayor Wolowicz NOES: None ABSENT: Long and Misetich RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 11:35 P.M. to 11:41 P.M. Adoption of 2010 Standardized Emergency Management System (BEMs)/ National Incident Management System (NIMS) Multi- Hazard Functional Emergency Operations Plan Councilman Stern moved to waive the staff report. Without objection, Mayor Wolowicz so ordered. Councilman Stern moved, seconded by Councilman Campbell, to: ADOPT RESOLUTION NO. 2010 -103, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING THE 2010 SEMS /NIMS MULTI - HAZARD FUNCTIONAL EMERGENCY OPERATIONS PLAN; and, 2) Authorize the Mayor to sign the Letter of Promulgation adopting the SEMS, the NIMS, and the Incident Command System (ICS) by the City of Rancho Palos Verdes. Mayor Wolowicz offered a friendly amendment that the sections that relate to the Mayor and Council Members be presented in a summary form for the Council Members. The motion passed on the following roll call vote: AYES: Campbell, Stern, and Mayor Wolowicz NOES: None ABSENT: Long and Misetich CITY COUNCIL ORAL REPORTS: This item was deferred to the next Regular Council Meeting. City Council Minutes November 30, 2010 Page6of7 ADJOURNMENT: At 11:44 P.M., Mayor Wolowicz adjourned the meeting. Attest: 174,teek, City Clerk W: \City Council Minutes\201O\20101130 CC MINS.doc City Council Minutes November 30, 2010 Page 7 of 7