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20120103 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL - LIGHT & POWER MEETING OF THE CITY OF VERNON HELD JANUARY 3, 2012, IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, McCormick, Maisano, Newmire MEMBERS ABSENT: None The meeting was called to order at 8:03 a.m. by Mayor Pro-Tem Davis. The City Clerk announced that the agenda needed to be amended to add the Second Amended and Restated Metered Subsystem Agreement between the City of Vernon and the California Independent System Operator as this matter had been brought to the City Clerk's attention after posting of the agenda. Director of Light & Power Carlos Fandino requested that the item be added to the agenda for consideration, with a resolution forthcoming on the next City Council meeting. It was moved by McCormick and seconded by Maisano to add the item to the agenda under new business. The City Clerk announced that this was the time allotted for public comment. The Mayor Pro-Tem inquired whether anyone in the audience wished to address the City Council. No one responded. MINUTES It was moved by Maisano and seconded by Newmire to approve the Minutes of the Regular City Council - Light & Power Meeting held November 15, 2011. Motion carried, 4-0. It was moved by McCormick and seconded by Maisano to approve the Minutes of the Regular City Council - Light & Power Meeting held December 6, 2011. Motion carried, 4-0. It was moved by McCormick and seconded by Davis to approve the Minutes of the Regular City Council - Light & Power Meeting held _. December 20, 2011. With Maisano and Newmire abstaining, the minutes are to be filed and recorded. It was moved by McCormick and seconded by Davis to approve the Minutes of the Special City Council - Light & Power Meeting held December 22, 2011. With Maisano and Newmire abstaining, the minutes are to be filed and recorded. PUBLIC HEARINGS At 8:10 a.m., it was moved by McCormick and seconded by Maisano to open the public hearing to consider the establishment of the Vernon Renewable Resource Procurement Plan and Enforcement Program. Abraham Alemu, Electric Resources Planning & Development Manager, advised that the Department is seeking approval for the Regular City Council - Light & Power Department Minutes January 3, 2012 Vernon Renewable Resource Procurement Plan and Enforcement Program. Alemu presented a summary on SBxl_2 which mandates. that all utilities have 331 renewable portfolio standards ("RPS") by 2020 and established interim target periods. It also requires utilities to develop a procurement plan and enforcement program by January 1, 2012. Alemu explained the proposed procurement goals in order to meet the criteria outlined by SBx1_2 as follows: 20% by 2013 — . 25% by 2016 33% by 2020 Alemu explained that the procurement program is only the first component, and that the second is the enforcement program. He referenced the staff report and related documents in order to highlight some of the provisions and the importance of recognizing these conditions since the City Council will be responsible for enforcing the SBxl_2 compliance plan. The Director of Light & Power is responsible for developing and executing the SBxl_2 compliance plan and inform the City Council at a public meeting if Vernon will not be able to meet procurement requirements, and develop a plan to be in compliance. Beginning in 2013 the Director is also required to provide the City Council with an annual informational update. The City is required to provide CEC documentation and reports as required. Alemu concluded by stating that the Department recommends that the City Council approve the SBxl_2 compliance plan. Director of Light & Power Carlos Fandino reported that the California Energy Commission is recommending that the out-of- state bio-methane fuel be classified under a different lesser bucket requirement which will have a significant impact to the City. There were no comments from the audience At 8:35 a.m., it was moved by McCormick and seconded by Maisano, to close the public hearing. Motion carried, 4-0. Fandino reported that customers have been made aware of the compliance requirements through several Electric Rate Committee meetings. He reported that the City has decided not to pass on the cost of the RPS to the customers for the 2012 calendar year. Fandino reported on his intension to visit Sacramento in regards to the bio-methane fuel issue and its classification under the bucket requirements, addressing Councilman Maisano's inquiry over the potential purchase of the fuel. Mayor Pro Tem Davis inquired whether there were any additional questions or comments. No one responded. Page 2 of 5 Regular City Council - Light & Power Department Minutes January 3, 2012 Resolution No. 2012-02 - A Resolution of the City Council of the City of Vernon Approving and Adopting a Renewable Resources Procurement Plan and Enforcement Program It was moved by McCormick and seconded by Maisano, that Resolution No. 2012-02 be approved. Motion carried, 4-0. CONSENT CALENDAR: It was moved by Newmire and seconded by McCormick, that the matters on the Consent Calendar be approved as recommended. Motion carried, 4-0. 1.Approval of Light & Power Warrant Register No. 313, totaling $5,224,167.43, which covers the period of November 29 through December 26, 2011, and consists of the following: a. Ratification of wire transfers totaling $4,926,444.37; and b.Ratification of the issuance of early checks totaling $82,557.09; and c.Authorization to issue pending checks totaling $215,165.97. 2. Approval of Gas Warrant Register No. 101, totaling $113,134.62, which covers the period of November 29 through December 26, 2011, and consists of the following: a.Ratification of wire transfers totaling $102,207.55; and b. Ratification of the issuance of early checks totaling $9,633.42; and c. Authorization to issue pending checks totaling $1,293.65. 3. October 2011 Resource Procurement Report, to be received and filed. NEW BUSINESS 1. Resolution No. 2012-03 - A Resolution of the City Council of the City of Vernon Modifying Resolution No. 2011-203 It was moved by McCormick and seconded by Newmire, that Resolution No. 2012-03 be approved. Motion carried, 4-0. 2. Second Amended & Restated Metered Subsystem Agreement between the City of Vernon and the California Independent System Operator ("CAISO"). Pandino advised that the item was added to the agenda, as it relates to a mutual agreement between the City and CAISO, the amendment to the Metered Subsystem Agreement ("MSSA"), which the City was required to approve by January 1, 2012. It was moved by Maisano and seconded by Newmire to approve the Second Amended & Restated Metered Subsystem Agreement between the City and CAISO. Motion carried, 4-0. Page 3 of 5 Regular City Council - Light & Power Department Minutes January 3, 2012 �7;a21f i�lZ•7;kK`. Director of Light & Power Carlos Fandino reported on damage to a traffic signal light which occurred on December 30, 2011, and on a power outage on January 2, 2012, due to a car hitting a pole incident on Bandini Boulevard. Fandino reported on his meeting in Arizona in regards to the procurement of solar energy, and advised that solar energy is coming down in price. Fandino reported that the Tehachapi project was presented to the Southern California Public Power Authority ("SCPPA") in January and that the department will be talking to LADWP through SCPPA in regards to transmission lines for the Tehachapi project. CLOSED SESSION At 9:53 a.m., it was moved by McCormick and seconded by Maisano, that the City Council go into closed session to discuss the items listed on the closed session agenda. Motion carried, 4-0. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(a) Attorneys General of the States and Commonwealths of Alabama, California, et al., and Bank of America, Claim No. 1000099 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Potential initiation of litigation. Government Code Section 54957.1(a)(2) Number of potential cases: 1 At 9:09 a.m, it was moved by McCormick and seconded by Newmire, that the City Council exit closed session. Motion carried, 4-0. The Deputy Chief City Attorney reported that the City Council had unanimously agreed to settle a class action law suit with Bank of America. Closing documents will be available for public viewing once they have been executed by all parties. He also reported that the City Council unanimously agreed to initiate an action. After the action is formally commenced, the defendants shall be disclosed unless to do so would jeopardize the City's ability to conclude existing settlement negotiations to its advantage. The City Clerk announced that there were no further items on the agenda. Page 4 of 5 Regular City Council - Light & Power Department Minutes January 3, 2012 At 9:12 a.m., it was moved by Maisano and seconded by McCormick, to adjourn the meeting. Motion carried. William J. Da4js Mayor Pro-Tem Page 5 of 5