Board of Public Utilities Meeting

Page 2980 ACTION MINUTES OF REGULAR MEETING BOARD OF PUBLIC UTILITIES COMMISSIONERS CITY OF TULARE June 16, 2016 A regular meeting of the Board of Public Utilities Commissioners, City of Tulare, was held on Thursday, June 16, 2016, at 3:00 p.m., in the Tulare Public Library & Council Chambers. BOARD MEMBERS PRESENT: Lee Brehm, Philip Smith, Edward Henry, Mark Watte3:10 p.m., Dick Johnson STAFF PRESENT: Don Dorman, Martin Koczanowicz, Paul Melikian, Joe Carlini, Michael Miller, Darlene Thompson, Trisha Whitfield, Rob Hunt, Nick Bartsch, Benjamin Siegel, Tim Doyle, Shonna Oneal I. CALL TO ORDER REGULAR SESSION: President Brehm called the regular session to order at 3:00 p.m. II. PLEDGE OF ALLEGIANCE: President Brehm led the Pledge of Allegiance. III. CITIZEN’S REQUEST OR COMMENTS: This is the time for citizens to comment on items within the jurisdiction of the Board. The Board cannot legally discuss or take official action on citizen comments that are introduced tonight. Each speaker will be allowed three minutes, with a maximum time of 10 minutes per item, unless otherwise extended by the Board. There were no citizen comments. IV. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): President Brehm adjourned to closed session at 3:01 p.m. for items as noted by City Attorney Martin Koczanowicz. a) 54956.9(d)(1) Existing Litigation (1) City of Tulare vs. W.M. Lyles, et al. TCSC Case No. VCU260168 V. RECONVENE CLOSED SESSION: President Brehm reconvened from Closed Session at 3:35 p.m.  Page 2981 VI. CLOSED SESSION REPORT (if any): President Brehm advised that there were no reportable actions. VII. COMMUNICATIONS: City Manager Don Dorman advised the Board of communication received from Charles Ritchie regarding the drought surcharge, TCAG regarding a grant for 6 refuse trucks, and S&P Global Ratings regarding the sewer revenue refunding bonds. The Board raised questions regarding the communications and staff provided responses thereto. VIII. CONSENT CALENDAR: It was moved by Vice President Smith, seconded by Board Member Johnson and unanimously carried that the items on the consent calendar be approved as presented. (1) Approve minutes of the June 2, 2016 regular/special meeting(s). (2) Accept Financial Status Report. Prior to voting on the consent calendar, Vice President Smith commented on this item regarding refining the budget process, so projections are closer to actuals. Finance Director Darlene Thompson and City Manager Don Dorman provided a response thereto. (3) Accept Amended Drought Surcharge Report. (4) Accept SCE Analysis Report. (5) Accept Public Works work performance reports for May 2016. (6) Accept Public Works Comparator Tool update reflecting projected versus actual data. IX. GENERAL BUSINESS: (1) Review the findings of a water system analysis of the proposed Cedar Grove IV subdivision located along the south side of Alpine Avenue east of Nelder Grove Street, and consider a request by the Developer, Lennar Fresno, Inc., to allow 27 new connections to the City water system subject to the conditions as presented and Adopt Resolution 16-10 approving the requested 27 connections of the project to the City water system subject to conditions of approval identified therein, and authorizing the Public Works Director to Issue a Conditional Certification of Ability to Serve. City Engineer Michael Miller provided a report for the Board’s review and consideration. Jeff Calloway of Lennar Homes addressed the Board regarding the approximate timeframe of the development. The Board discussed concerns regarding continual authorization of water connections without water system  Page 2982 improvements in place. City Attorney Martin Koczanowicz advised the Board the language contained in Resolution 16-10 and the Conditional Certificate of Ability to Serve provides the Public Works Director the ability to withhold the water connection approval prior to the issuance of the first building permit. Following discussion, it was moved by Board Member Watte, seconded by Vice President Smith and carried 4-1 (Board Member Henry voting no) to adopt Resolution 16- 10 as presented. (2) Review the findings of a water system analysis of a proposed hotel and restaurant development at the southwest corner of the Cartmill Avenue/ Hwy 99 interchange, consider a request by the Owner, Monterey Dynasty, to allow connection of said development to the City water system subject to the conditions as presented and Adopt Resolution 16-11 approving the requested connection of the project to the City water system subject to conditions of approval identified therein and authorizing the Public Works Director to Issue a Conditional Certification of Ability to Serve. City Engineer Michael Miller provided a report for the Board’s review and consideration. The Board raised questions and staff provided responses thereto. Mike Lane, HBIA, addressed the Board to affirm the building industries’ support of water system improvements. Following discussion, it was moved by Vice Present Smith, seconded by Board Member Watte and carried 3-2 (Board Member Henry and Board Member Johnson voting no) to adopt Resolution 16-11 as presented. (3) Review the findings of a water system analysis for a revision to the Ginder Multi-family Project located along the west side of Hillman Street north of Corvina Avenue, and consider a request by the Developer, Ginder Development, to allow 48 additional multi-family residential connections to the City water system subject to the conditions as presented and Adopt Resolution 16-12 approving the additional 48 connections of the project to the City water system subject to conditions of approval identified therein, and authorizing the Public Works Director to Issue a Conditional Certification of Ability to Serve. City Engineer Michael Miller provided a report for the Board’s review and consideration. The Board raised questions and staff provided responses thereto. City Attorney Martin Koczanowicz advised the Board that an item (e) can be added to Resolution 16-12 stating that the connection requests will not be allowed until the new wells are operational. Rick Ginder of Ginder Development addressed the Board regarding the status of the project. Tyson Carroll of Ginder Development addressed the Board regarding the water saving measures proposed for the development. Mr. Miller suggested that if the Board was going to add item (e) to Resolution 16-12 the provision be based on the issuance of a Certificate of Occupancy and not issuance of Building Permit, so the builder can continue with the project while system improvements are being made. Mr. Ginder advised the Board the condition was acceptable to him. The Board requested staff provide a milestone chart reflecting the status of water system improvement projects and number of projected development connections relative to the added capacity at every meeting. Field Services Manager Trisha Whitfield provided an update on the status of new wells.  Page 2983 Following discussion, it was moved by Vice President Smith, seconded by Board Member Johnson and carried 4-1 (Board Member Henry voting no) to adopt Resolution 16-12 with the addition of Subsection (e) Prior to issuance of the Certificate of Occupancy the noted improvements are completed. (4) Review and advise regarding an amendment to the Administrative Policy 15-01 - Transportation System Planning Policy. Project Manager Nick Bartsch provided a report for the Board’s review and consideration. The Board raised questions and staff provided responses thereto. City Attorney Martin Koczanowicz advised the Board the best practice would be to create an Ordinance addressing water connections at the same time as the revisions to the policy so there is an ability to collect related expenses in the future. Following discussion, it was the consensus of the Board to stub out to the curb or right of way at staff’s discretion with the costs to be determined in the future. (5) Review and consider the approval of and authorize the City Manager to sign a contract change order to Emmett’s Excavation, Inc. for Project EN0019 for an estimated amount of $42,500 to install utility services (Water & Sewer) to properties along ‘E’ St. and make minor repairs to the Sewer mainline within the revised project limits. Project Manager Nick Bartsch provided a report for the Board’s review and consideration. Following discussion, it was moved by Board Member Watte, seconded by Vice President Smith and unanimously carried to approve the item as presented. (6) Informational Item Only: Staff presentation regarding water system loss estimator tool. Water and Wastewater Collections Utility Manager Tim Doyle provided a PowerPoint slide presentation highlighting the features of the new water system loss tool. Informational Item Only. X. ITEMS OF BOARD INTERESTS: Items of Board interest were discussed among the Board and staff. City Manager Don Dorman advised the Board the July 7, 2016 meeting will be cancelled due to lack of business. XI. ADJOURN REGULAR MEETING: President Brehm adjourned the regular meeting at 4:57 p.m. __________________________________ President of the Board of Public Utilities Commissioners of the City of Tulare ATTEST: __________________________ Secretary of the Board of Public Utilities Commissioners