Board of Public Utilities Meeting

3110 ACTION MINUTES OF BOARD OF PUBLIC UTILITIES COMMISSIONERS CITY OF TULARE April 5, 2018 A regular meeting of the Board of Public Utilities Commissioners, City of Tulare, was held on Thursday, April 5, 2018 at 4:00 p.m. in the Tulare Public Library & Council Chambers. BOARD MEMBERS PRESENT: James Pennington, Howard Stroman, Thomas Griesbach BOARD MEMBERS ABSENT: Chris Soria STAFF PRESENT: Willard Epps, Heather Phillips, Sarah Tobias, Michael Miller, Darlene Thompson, Trisha Whitfield, Nick Bartsch, Tim Doyle, Frank Rodriguez, Ben Siegel, Steve Bonville, Melissa Hermann I. CALL TO ORDER CLOSED SESSION President Pennington called the closed session to order at 4:02 p.m. II. CITIZEN 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. III. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S): President Pennington adjourned to closed session at 4:02 p.m. (a) 54956.8(b) – Conference with Real Property Negotiators Property: 0.80 acre parcel located on the northwest corner of Mooney Boulevard and Cartmill Avenue Under Negotiation: Price, terms and conditions for potential purchase Negotiating Parties: Willard Epps, Steve Bonville, Michael Miller, Nick Bartsch, Trisha Whitfield, Darlene Thompson, Heather Phillips, Sarah Tobias IV. RECONVENE FROM CLOSED SESSION President Pennington reconvened at 4:23 p.m.  3111 V. CLOSED SESSION REPORT (if any) City Attorney Heather Phillips advised there was no reportable action. VI. ADJOURN CLOSED SESSION President Pennington adjourned the closed session at 4:24 p.m. VII. CALL TO ORDER REGULAR SESSION President Pennington called the regular session to order at 4:24 p.m. VIII. PLEDGE OF ALLEGIANCE AND INVOCATION President Pennington led the Pledge of Allegiance and an invocation was given by Vice President Stroman. IX. CITIZEN COMMENTS There were no citizen comments. X. COMMUNICATIONS There were no items for this section. XI. STUDENT REPORTS XII. CONSENT CALENDAR It was moved by Vice President Stroman, seconded by Board Member Griesbach and unanimously carried 3 to 0 (Board Member Soria absent) that the items on the Consent Calendar be approved as presented with the exception of items 6 and 7. (1) Approve minutes of March 15, 2018 regular and/or special meeting(s). (2) Receive, review and file the Monthly Investment Report for February 2018. (3) Award and authorize the City Manager to sign a contract with 4Creeks of Visalia, CA in an amount not to exceed $75,000 for construction surveying services associated with Project EN0077, a street and utility improvement project on Cherry Street, Bash Alley and Lyndale Drive; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($7,500) of the contract award amount.  3112 (4) Award and authorize the City Manager to sign a contract with NV5 of Bakersfield, CA in an amount not to exceed $159,039 for materials testing services associated with Project EN0077, a street and utility improvement project on Cherry Street, Bash Alley and Lyndale Drive; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($15,903.90) of the contract award amount. (5) Award and authorize the City Manager to sign a contract with Don Berry Construction, Inc. of Selma, CA in an amount not to exceed $5,464,232.08 for street and utility improvements associated with Project EN0077, a street and utility improvement project on Cherry Street, Bash Alley and Lyndale Drive; Approve the revised project budget (attached); Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($546,423.21) of the contract award amount. (6) Authorize the City Manager or designee to sign a contract with Carollo Engineers of Fresno, CA in the amount of $426,175 for preliminary and final design, bidding and construction support services for the construction of a water well and storage tank located at Cartmill and Mooney Bld.; and authorize the City Manager or designee to approve contract change orders in the amount not to exceed 10% ($42,617.50) of the contract amount. Board Member Griesbach pulled this item to inquire about the current tanks design. Senior Project Manager Nick Bartsch provided a response thereto. With not further discussion, it was moved by Board Member Griesbach, seconded by Vice President Stroman and unanimously carried 3 to 0 (Board Member Soria absent) to approve the item as presented. (7) Receive an update on an emergency purchase for the Wastewater Treatment Plant. Board Member Griesbach pulled this item to inquire if this issue was what was causing the strong odor in town. Public Works Director Trisha Whitfield provided a response thereto. With no further discussion, it was moved by Board Member Griesbach, seconded by Vice President Stroman and unanimously carried 3 to 0 (Board Member Soria absent) to approve the item as presented. (8) Award and authorize the City Manager or designee to sign a contract with Blackhole Tech of Bakersfield, CA in the amount of $42,758.70 for the purchase and installation of fifteen (15) Refuse Truck Camera Systems as per Project No. SO0006; and authorize the City Manager or designee to approve the revised project budget (attached). XIII. 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.  3113 (1) Authorize the City Manager, or designee, to execute the purchase of an additional 38,304 MMBtu of non-core natural gas for the remainder of the existing five (5) year term agreement, not to extend beyond November 1, 2022 with Direct Energy of Houston, Texas, within the next 30 days at executable pricing per MMBtu no greater than $0.05 per MMBtu higher than pricing currently contracted with Direct Energy, $2.81 per MMBtu, subject only to minor conforming or clarifying changes acceptable to the City Attorney. Management Analyst Ben Siegel provided a report for the Board’s review and consideration. Questions and comments were addressed by staff. Following discussion, it was moved by President Pennington, seconded by Vice President Stroman and unanimously carried 3 to 0 (Board Member Soria absent) to approve the item as presented. (2) Approve and authorize the City Manager to execute an updated amendment to the Power Purchase Agreement (PPA) between the City and Fuel Cell Energy (FCE) and to execute the Acknowledgement of Sale of Membership Interest between the City and FCE both subject to minor conforming changes by the City Attorney’s Office. Public Works Director Trisha Whitfield provided a report for the Board’s review and consideration. Staff as well as Clinton Smith and Robert Nelsen of Fuel Cell Energy answered questions from the Board. Following discussion, it was moved by President Pennington, seconded by Board Member Griesbach and unanimously carried 3 to 0 (Board Member Soria absent) to approve the item as presented. XIV. ITEMS OF BOARD INTEREST: (may include City Council and Planning Commission updates) – GC 54954.2(3) Items of Board interest were discussed amongst the Board and staff. City Attorney Heather Phillips stated there will be an item on the next regular Council meeting agenda to address Board Member Soria’s absenteeism. XV. ADJOURN REGULAR MEETING President Pennington adjourned the regular meeting at 5:10 p.m. __________________________________ President of the Board of Public Utilities Commissioners of the City of Tulare ATTEST: __________________________ Secretary of the Board of Public Utilities Commissioners