Board of Public Utilities Meeting

Page 3076 ACTION MINUTES OF BOARD OF PUBLIC UTILITIES COMMISSIONERS CITY OF TULARE October 19, 2017 A regular session meeting of the Board of Public Utilities Commissioners, City of Tulare, was held on Thursday, October 19, 2017, at 7:00 p.m., in the Tulare Public Library & Council Chambers. BOARD MEMBERS PRESENT: James Pennington, Howard Stroman, Thomas Griesbach, Gregory Blevins BOARD MEMBERS ABSENT: Chris Soria STUDENTS PRESENT: Joanna Aguilar, Alicia Aroche, Esmeralda Arellano STUDENTS ABSENT: Maribel Lupercio STAFF PRESENT: Joe Carlini, Sarah Tobias, Michael Miller, Darlene Thompson, Trisha Whitfield, Tim Doyle, Nick Bartsch, Frank Rodriguez, Ben Siegel, Melissa Hermann I. CALL TO ORDER: President Pennington called the regular meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE: Board Member Blevins led the Pledge of Allegiance and an invocation was given by Vice President Stroman. III. ADMINISTRATION OF OATH OF OFFICE FOR NEW BOARD MEMBER: Board Member did not attend. This item will be rescheduled to the next meeting. IV. 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. V. COMMUNICATIONS: There were no items for this section on the agenda.  Page 3077 VI. STUDENT REPORTS: Students reported on various school related activities. VII. CONSENT CALENDAR: It was moved by Board Member Blevins, seconded by Board Member Griesbach and unanimously carried 4 to 0 (Board Member Soria absent) that the items on the Consent Calendar be approved as presented. (1) Approve minutes of October 5, 2017 regular meeting(s). (2) Accept Financial Status report. (3) Receive the Public Works performance reports for September 2017. (4) Accept Public Works Monthly Water System Report. (5) Adopt Resolution 17-09 authorizing the surplus of four (4) City vehicles. (6) Receive Water System Development Program update. (7) Receive the quarterly Potable Water Pumping and Metered Delivery Report. (8) Approve the cancellation of Tulare Board of Public Utilities meeting scheduled for Thursday, January 4, 2018 due to City closures related to the holiday season. VIII. 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) Award a contract for construction management services related to the construction of two (2) two-million gallon concrete storage tanks, new well and associated improvements as a part of Projects WT0028 and WT0029 to NV5 of Fresno, CA in the amount not to exceed $912,625.56; and authorize the City Manager or designee, to approve contract change orders in an amount not to exceed 10% ($91,262) of the contract award amount. Senior Project Manager Nick Bartsch provided a report for the Board’s review and consideration. Steve Walters and Jeff Pallison of NV5 provided additional information as well as answered questions that the Board had. Following discussion, it was moved by Board Member Griesbach, seconded by Vice President Stroman and unanimously carried 4 to 0 (Board Member Soria absent) to approve the item as presented.  Page 3078 (2) Discussion regarding the cancellation process as to regularly scheduled Board of Public Utilities meetings. Assistant City Attorney Sarah Tobias provided information to the Board regarding the process of cancelling Board meetings. Board Member Blevins requested this item be reagendized to discuss whether or not there is any appeal process by the Board after the City Manager cancels a meeting. (3) Approve Staff recommendations to be included in the Solid Waste Rate Study or provide alternative direction. Management Analyst Ben Siegel and Solid Waste Manager Frank Rodriguez provided a report and presentation for the Board’s review and consideration. Following discussion, it was moved by Board Member Blevins, seconded by Board Member Griesbach and unanimously carried 4 to 0 (Board Member Soria absent) to approve the item as presented. (4) Receive a continued status update and discussion as to the fuel cell power plant project, specifically as to the status of the requirement in the Power Purchase Agreement (PPA) that Fuel Cell Energy (FCE) obtain an interconnection agreement with Southern California Edison (SCE); and receive a presentation by Jennifer Hunt of Fuel Cell Energy regarding the NEM tariffs. Assistant City Attorney Sarah Tobias advised there was no update at this time as to the fuel cell power plant project to present to the Board. That section of the item will be continued to the next meeting. Jennifer Hunt of Fuel Cell Energy provided a presentation regarding the NEM tariffs. No action was required by the Board. (5) Authorize the City Manager, or designee, to execute a five (5) year term agreement with Direct Energy of Houston, Texas, within the next 30 days, to purchase non-core natural gas at executable pricing per MMBtu no greater than $0.05 per MMBtu higher than pricing proposed by Direct Energy, subject only to minor conforming or clarifying changes acceptable to the City Attorney. City Manager Joe Carlini provided a report for the Board’s review and consideration. Pat McLafferty of Hydros Agritech and Diane Holden of Direct Energy provided clarification regarding pricing. Following a lengthy discussion, it was moved by Board Member Blevins, seconded by Vice President Stroman and unanimously carried 4 to 0 (Board Member Soria absent) to approve the item as presented. IX. 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 requested that Student Representatives bring any current utility activities occurring in the schools. Alicia Aroche advised that she has been pushing to have more recycling bins accessible on school sites. Public Works Director Trisha Whitfield expressed a desire to utilize the students to bring awareness to the schools.  Page 3079 Board Member Blevins requested that the regular meeting time be moved back to three o’clock from seven o’clock. It was the consensus of the Board to place this item on the next agenda. X. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): President Pennington adjourned to closed session at 9:25 p.m. (1) 54956.9(e)(2) Conference with Legal Counsel – Anticipated Litigation (1) Facts and circumstances from complications surrounding the current status of the power purchase agreement and interconnection agreement with Fuel Cell Energy. XI. RECONVENE CLOSED SESSION President Pennington reconvened from closed session at 9:40 p.m. XII. CLOSED SESSION REPORT (if any) President Pennington advised there was no reportable action. XIII. ADJOURN REGULAR MEETING President Pennington adjourned the regular meeting at 9:40 p.m. __________________________________ President of the Board of Public Utilities Commissioners of the City of Tulare ATTEST: __________________________ Secretary of the Board of Public Utilities Commissioners