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20101115 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL - LIGHT & POWER MEETING OF THE CITY OF VERNON HELD MONDAY, NOVEMBER 15, 2010, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Gonzales, McCormick, Davis, Maisano, Newmire MEMBERS ABSENT: None The meeting was called to order at 8:02 a.m. by Mayor Gonzales. The City Clerk announced that there were no changes to the agenda. The City Clerk announced that this was the time allotted for public comments. The Mayor asked if there was anyone in the audience who wished to address the City Council. No one responded. CONSENT CALENDAR 1. RESOLUTION NO. 2010-162 - A Resolution of the City Council of the City of Vernon Declaring its Intent to Finance Certain Capital Expenditures from Amounts on Deposit in a Remediation Proceeds Fund Created in Connection with the Issuance by the Vernon Natural Gas Financing Authority of its Variable Rate Revenue Bonds (Vernon Gas Project). 2. RESOLUTION NO. 2010-163 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Office Lease Agreement By and Between the City of Vernon and Associated Energy Partners, LTD for a Portion of City Property Located at 2724 Leonis Boulevard in Vernon, California. 3. RESOLUTION NO. 2010-164 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a First and Second Amendment to Amended and Restated Purchase Agreement and Joint Escrow Instructions By and Between the City of Vernon and Renu Resources, LLC, Relating to the Purchase of Land for Potential Development of Renewable Resources. 4. Approval of Light & Power Warrant Register No. 289, totaling $554,545.91, which covers the period of October 26 through November 8, 2010, and consists of the following: a. Ratification of wire transfers totaling $317,334.37; b. Ratification of the issuance of early checks totaling $98,564.05; and c. Authorization to issue pending checks totaling $138,647.49. 5. Approval of Gas Warrant Register No. 77, totaling $2,504,067.82, which covers the period of October 26 through November 8, 2010, and consists of the following: a. Ratification of wire transfers totaling $2,472,130.30; b. Ratification of the issuance of early checks totaling $12,141.50; and Regular City Council Meeting Minutes Light & Power Department Matters November 15, 2010 c. Authorization to issue pending checks totaling $191796.02. It was moved by McCormick and seconded by Newmire, that the matters on the Consent Calendar be approved as recommended. Motion carried, 5-0. RESOLUTIONS 1. RESOLUTION NO. 2010-165 - A Resolution of the City Council of the City of Vernon Authorizing the City Administrator to Negotiate a Definitive Agreement with Paul Prager and Beowulf Energy to Provide Services Relating to the Light & Power Department. It was moved by Newmire and seconded by Maisano, that Resolution No. 2010-165 be approved and adopted. Motion carried 5-0. ORAL REPORTS 1. Director of Light & Power Reports. Director of Light & Power Carlos Fandino reported that no significant outages occurred during the past couple of weeks. Fandino advised that a settlement amount had been negotiated with MFJ Cutting, the customer who had been bypassing the City's CT meters and stealing power for three years. MFJ Cutting will pay the City $65,000 in back charges within 120 days. The City may separate the meter on the premises since the actual owner has several different companies working in the building. It was suggested that the owner sub -meter the panel to allow each individual customer to be charged separately. Councilman Newmire asked what prevented the customer from going to jail. Fandino advised that the DA had rejected the City's attempts to file charges because many occupants had access to the panel in question and it could not be proven that the owner was the guilty party. Fandino stated that the intent to steal power was clear based on the manner in which the tampering was done, but the Police Department would not have been able to secure a conviction. The City Clerk announced that there were no further items on the open session portion of the agenda, but there were items for closed session. At 8:07 a.m., it was moved by McCormick and seconded by Davis, that the City Council enter into closed session to discuss the items listed on the closed session agenda. Motion carried, 5-0. At 8:15 a.m., the City Council resumed open session. Page 2 of 3 Regular City Council Meeting Minutes Light & Power Department Matters November 15, 2010 CLOSED SESSION REPORT OUT The Interim City Attorney reported as follows: 1. PUBLIC EMPLOYMENT Government Code Section 54957 a. Title: Senior Programmer The City Council unanimously voted to authorize the recruitment of a Senior Programmer. The City Clerk announced that there were no further items on the agenda. At 8:16 a.m., it was moved by McCormick and seconded by Newmire, that the meeting be adjourned. Motion carried. Willard G. City Clerk /'w� ..� Hilario Gonza es Mayor Page 3 of 3