Board of Public Utilities
Regular MeetingTulare, CA · May 18, 2017
Minutes
Page 3051
ACTION MINUTES OF
BOARD OF PUBLIC UTILITIES COMMISSIONERS
CITY OF TULARE
May 18, 2017
A closed session meeting of the Board of Public Utilities Commissioners, City of
Tulare, was held on Thursday, May 18, 2017, at 6:00 p.m., in the Tulare Public
Library & Council Chambers.
BOARD MEMBERS PRESENT: James Pennington, Howard Stroman, Gregory
Blevins, Thomas Griesbach, Erica Cubas
STAFF PRESENT: Joe Carlini, Heather Phillips, Sara Tobias, Steve Bonville, Melissa
Hermann
I. CALL TO ORDER CLOSED SESSION:
President Pennington called the closed session to order at 6:02 p.m.
II. CITIZEN COMMENTS – Comments from the public are limited to items listed on the
agenda (GC 54954.3a). Speakers will be allowed three minutes. Please begin your
comments by stating and spelling your name and providing your city of residence.
There were no citizen comments.
III. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTION(S):
President Pennington adjourned to closed session at 6:02 p.m. for items as noted on
agenda.
(a) 54956.9(e)(2) Conference with Legal Counsel – Anticipated Litigation (1)
Facts and circumstances related to recent request(s) by Colony Energy relating
to its lease of property adjacent to the City’s Waste Water Treatment Plant (APN
174-040-006-000) as well as any additional requests it may make in its
appearance before the BPU; and Colony Energy's position/role with respect to an
RFP regarding Utilization of Biomethane and/or providing low cost electricity
dated March 26, 2015; and the PPA negotiations that followed, and any requests
Colony Energy may make in its appearance before the BPU, relating thereto.
A regular session meeting of the Board of Public Utilities Commissioners, City of
Tulare, was held on Thursday, May 18, 2017, at 7:00 p.m., in the Tulare Public
Library & Council Chambers.
BOARD MEMBERS PRESENT: James Pennington, Howard Stroman, Gregory
Blevins, Thomas Griesbach, Erica Cubas
Page 3052
STAFF PRESENT: Joe Carlini, Heather Phillips, Sara Tobias, Trisha Whitfield, Darlene
Thompson, Michael Miller, Benjamin Siegel, Tim Doyle, Jason Bowling, Steve Bonville,
Nick Bartsch, Melissa Hermann
IV. RECONVENE CLOSED SESSION :
President Pennington reconvened from closed session at 7:31 p.m.
V. CLOSED SESSION REPORT (if any) :
President Pennington advised there were no reportable items.
VI. ADJOURN CLOSED SESSION :
President Pennington adjourned the closed session at 7:32 p.m.
VII. CALL TO ORDER REGULAR MEETING:
President Pennington called the regular meeting to order at 7:32 p.m.
VIII. PLEDGE OF ALLEGIANCE:
Board Member Griesbach led the Pledge of Allegiance and an invocation was given
by Vice President Stroman.
IX. CITIZEN’S REQUEST OR COMMENTS:
President Pennington advised that comments from the public are for items within the
jurisdiction of the Board. Speakers will be allowed three minutes.
There were no citizen comments presented.
X. COMMUNICATIONS:
There were no items for this section on the agenda.
XI. CONSENT CALENDAR:
It was moved by President Pennington, seconded by Vice President Stroman,
and unanimously carried that the items on the Consent Calendar be approved
as presented with the exception of items 2, 3, and 7.
(1) Approve minutes of May 4, 2017 regular/special meeting(s).
Page 3053
(2) Award Bid 17-615 to Visalia Ford in the amount of $23,228.69 for the
purchase of one (1) Regular Cab One Half (1/2) Ton Long Bed Truck. Vice
President Stroman pulled this item to inquire about the purpose of this vehicle
purchase. General Services Director Steve Bonville responded thereto. With no
further discussion, it was moved by Vice President Stroman, seconded by Board
Member Blevins and unanimously carried to accept the item as presented.
(3) Receive the proposed Utility funds fiscal year 2017/18 operating and
position control budget and the fiscal years 2017-2022 projects budget for
Board review and study. Board Member Cubas pulled this item to inquire
about how often policies are updated. Interim City Manager Joe Carlini
responded thereto. With no further discussion, it was moved by Vice President
Stroman, seconded by Board Member Cubas and unanimously carried to accept
the item as presented.
(4) Accept Water System Development Program update.
(5) Accept Financial Status Report.
(6) Accept Public Works Monthly Water System Report.
(7) Accept the Public Works performance report for April 2017. Board Member
Blevins pulled this item to inquire about the fleet availability number provided on
the report. Solid Waste Manager Frank Rodriguez responded thereto. With no
further discussion, it was moved by Board Member Blevins, seconded by Vice
President Stroman and unanimously carried to accept the item as presented.
XII. GENERAL BUSINESS:
Comments related to General Business Items are limited to three minutes per
speaker for a maximum of 30 minutes per item unless otherwise extended by the
Board.
(1) Appoint one representative and one alternate to the Kaweah River Basin
Integrated Regional Water Management Group Governing Board and Stake
Holder Advisory Group. President Pennington opened this item for discussion.
Following discussion, it was moved by Board Member Griesbach, seconded by
Board Member Blevins and unanimously carried to appoint Board Member
Cubas as the representative. It was moved by Board Member Blevins, seconded
by Board Member Cubas and unanimously carried to appoint Vice President
Stroman as the alternate.
(2) Discussion of the request by Colony Energy Partners-Tulare LLC
(“Colony”), and the City of Tulare (“City”) to extend the Entitlement Period
of the Property Lease entered into on May 11, 2015. President Pennington
opened this item for discussion. Pedro Hernandez of Leadership Council for
Page 3054
Justice and Accountability addressed the Board regarding General Business
items 2 and 3. He expressed concerns regarding the decisions the City may
make that may affect the residents of the communities his organization serves.
Matt Schmidt and Kent Hawkins of Colony Energy Partners addressed the Board
regarding the lease and RFP (Request for Proposals).
Informational item only.
(3) Board to receive and review the Biogas Project History, current status of
negotiations with RFP respondents, and a recommendation not to extend
or amend the current lease agreement nor enter into renegotiations with
Colony Energy Partners, LLC. This item was discussed during Item 2.
Following a lengthy discussion, it was moved by Board Member Blevins,
seconded by Vice President Stroman and unanimously carried to extend the
Entitlement Period of the lease an additional ten months beginning June 11,
2017.
It was moved by Board Member Griesbach, seconded by Vice President Stroman
and unanimously carried to not enter into renegotiations with Colony Energy
Partners.
XIII. ITEMS OF BOARD INTERESTS (may include City Council and Planning Commission updates) –
GC 54954.2(3)
Items of Board interest were discussed among the Board and staff.
Board Member Blevins advised that he and another Board member took a tour of the
Waste Water Treatment Plant and was very impressed. He would like to see future
outreach so that members of the city can see what is being done at the plant.
City Attorney Heather Phillips advised the Board that she is working on developing
trainings for the various Boards and Commissions.
XIV. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTION (S):
(a) 54956.9(e)(2) Conference with Legal Counsel – Anticipated Litigation (1)
Facts and circumstances related to recent request(s) by Colony Energy relating
to its lease of property adjacent to the City’s Waste Water Treatment Plant (APN
174-040-006-000) as well as any additional requests it may make in its
appearance before the BPU; and Colony Energy's position/role with respect to an
RFP regarding Utilization of Biomethane and/or providing low cost electricity
dated March 26, 2015; and the PPA negotiations that followed, and any requests
Colony Energy may make in its appearance before the BPU, relating thereto.
This closed session is to conference with counsel regarding any additional legal
Page 3055
questions or concerns that may arise following the receipt of information and
discussion on the topic in open session.
XV. RECONVENE FROM CLOSED SESSION
President Pennington reconvened from the closed session at 9:26 p.m.
XVI. CLOSED SESSION REPORT (if any)
President Pennington advised there were no reportable items.
XVII. ADJOURN REGULAR MEETING
President Pennington the regular meeting at 9:33 p.m.
__________________________________
President of the Board of Public Utilities
Commissioners of the City of Tulare
ATTEST:
__________________________
Secretary of the Board of
Public Utilities Commissioners
Agenda
AGENDA
CITY OF TULARE
BOARD OF PUBLIC UTILITIES COMMISSION
Thursday, May 18, 2017
Closed Session 6:00 p.m.
Regular Session 7:00 p.m. (Or, immediately following Closed Session.)
TULARE PUBLIC LIBRARY & COUNCIL CHAMBERS
491 North “M” Street
MISSION STATEMENT
To promote a quality of life making Tulare the most desirable community in which
to live, learn, play, work, worship and prosper.
Meeting audio will be uploaded to the City’s website www.tulare.ca.gov no later than the Tuesday
following the meeting, barring any technical difficulties, accessible by selecting the appropriate meeting
date on the City Meeting Calendar page.
6:00 p.m.
I. CALL TO ORDER CLOSED SESSION
II. CITIZEN COMMENTS - Comments from the public are limited to items listed on the
agenda (GC 54954.3a). Speakers will be allowed three minutes. Please begin your
comments by stating and spelling your name and providing your city of residence.
III. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTION(S):
(a) 54956.9(e)(2) Conference with Legal Counsel – Anticipated Litigation (1)
Facts and circumstances related to recent request(s) by Colony Energy relating
to its lease of property adjacent to the City’s Waste Water Treatment Plant (APN
174-040-006-000) as well as any additional requests it may make in its
appearance before the BPU; and Colony Energy's position/role with respect to an
RFP regarding Utilization of Biomethane and/or providing low cost electricity
dated March 26, 2015; and the PPA negotiations that followed, and any requests
Colony Energy may make in its appearance before the BPU, relating thereto.
7:00 p.m. (Or immediately following Closed Session)
IV. RECONVENE CLOSED SESSION
V. CLOSED SESSION REPORT (if any)
VI. ADJOURN CLOSED SESSION
VII. CALL TO ORDER REGULAR SESSION
Page 2
Board of Public Utilities
May 18, 2017
VIII. PLEDGE OF ALLEGIANCE AND INVOCATION
IX. CITIZEN COMMENTS - Comments from the public are limited to items listed on the
agenda (GC 54954.3a). Speakers will be allowed three minutes. Please begin your
comments by stating and spelling your name and providing your city of residence.
X. COMMUNICATIONS
No action will be taken on matters listed under Communications; however, the Board
may direct staff to schedule issues raised during Communications for a future agenda.
XI. CONSENT CALENDAR:
All Consent Calendar items are considered routine and will be enacted in one motion.
There will be no separate discussion of these matters unless a request is made, in
which event the item will be removed from the Consent Calendar to be discussed and
voted upon by a separate motion.
(1) Approve minutes of May 4, 2017 regular meeting(s).
(2) Award Bid 17-615 to Visalia Ford in the amount of $23,228.69 for the purchase of
one (1) Regular Cab One Half (1/2) Ton Long Bed Truck.
(3) Receive the proposed Utility funds fiscal year 2017/18 operating and position
control budget and the fiscal years 2017-2022 projects budget for Board review
and study.
(4) Accept Water System Development Program update.
(5) Accept Financial Status Report.
(6) Accept Public Works Monthly Water System Report.
(7) Accept the Public Works performance report for April 2017.
XII. GENERAL BUSINESS:
Comments related to General Business Items are limited to three minutes per speaker
for a maximum of 30 minutes per item unless otherwise extended by the Board.
(1) Appoint one representative and one alternate to the Kaweah River Basin
Integrated Regional Water Management Group Governing Board and Stake
Holder Advisory Group.
Page 3
Board of Public Utilities
May 18, 2017
(2) Discussion of the request by Colony Energy Partners-Tulare LLC (“Colony”), and
the City of Tulare (“City”) to extend the Entitlement Period of the Property Lease
entered into on May 11, 2015.
(3) Board to receive and review the Biogas Project History, current status of
negotiations with RFP respondents, and a recommendation not to extend or
amend the current lease agreement nor enter into renegotiations with Colony
Energy Partners, LLC.
XIII. ITEMS OF BOARD INTEREST: (may include City Council and Planning Commission updates) –
GC 54954.2(3)
XIV. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTION(S):
(a) 54956.9(e)(2) Conference with Legal Counsel – Anticipated Litigation (1)
Facts and circumstances related to recent request(s) by Colony Energy relating
to its lease of property adjacent to the City’s Waste Water Treatment Plant (APN
174-040-006-000) as well as any additional requests it may make in its
appearance before the BPU; and Colony Energy's position/role with respect to an
RFP regarding Utilization of Biomethane and/or providing low cost electricity
dated March 26, 2015; and the PPA negotiations that followed, and any requests
Colony Energy may make in its appearance before the BPU, relating thereto.
This closed session is to conference with counsel regarding any additional legal
questions or concerns that may arise following the receipt of information and
discussion on the topic in open session.
XV. RECONVENE FROM CLOSED SESSION
XVI. CLOSED SESSION REPORT (if any)
XVII. ADJOURN REGULAR MEETING
In compliance with the Americans with Disabilities Act and the Brown Act, if you need special assistance to participate
in this meeting, including the receipt of the agenda and documents in the agenda package in an alternate format, please
contact the City Manager’s Office at (559) 684-4200. Notification of 48 hours prior to the meeting will enable the
City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35, 104 ADA Title I),
and allow for the preparation of documents in the appropriate alternate format.
[Note: Pursuant to Government Code 54957.5 - Effective 7/1/08 Documents produced and distributed less than 72
hours prior to or during an open session of a regular meeting to a majority of the legislative body regarding any item
on the agenda will be made available for public inspection at the meeting and at the City Clerk’s Office at City Hall
located at 411 East Kern Avenue during normal business hours.]
Get email alerts for Tulare
A daily email when new agendas and minutes are posted.