Board of Public Utilities Meeting
Regular MeetingTulare, CA · August 16, 2018
Minutes
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ACTION MINUTES OF
BOARD OF PUBLIC UTILITIES COMMISSIONERS
CITY OF TULARE
August 16, 2018
A regular meeting of the Board of Public Utilities, City of Tulare was held on
Thursday, August 16, 2018 at 4:00 p.m. in the Tulare Public Library & Council
Chambers, 491 North “M” Street.
BPU PRESENT: Jim Pennington, Howard Stroman, Thomas Griesbach
BPU ABSENT: Vicki Gilson, Chris Soria
STAFF PRESENT: Willard Epps4:25 p.m., Michael Miller, Darlene Thompson, Trisha
Whitfield, Nick Bartsch, Tim Doyle, Frank Rodriguez, Ben Siegel, Melissa Hermann
I. CALL TO ORDER REGULAR MEETING
President Pennington called the regular meeting to order at 4:03 p.m.
II. PLEDGE OF ALLEGIANCE AND INVOCATION
President Pennington led the Pledge of Allegiance and an invocation was given by
Vice President Stroman.
III. CITIZEN 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.
Dr. Edward Henry of Tulare provided information regarding groundwater and concerns
with the absenteeism of a City of Tulare member on the Mid-Kaweah GSA. Dr. Henry
expressed his desire for the BPU to write a letter to the Council regarding selecting
Howard Stroman as a member on the Mid-Kaweah GSA and selecting another
alternate from the BPU.
Charles Ritchie of Tulare addressed the Board regarding TCP treatment.
Jason Bender of Tulare addressed the Board to state his agreement with Dr. Henry’s
concern over the representation on the Mid-Kaweah GSA.
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IV. COMMUNICATIONS
There were no items for this section.
Interim City Attorney Jas Gill advised the Board that they are not able to act on any
items that are not on the agenda in response to comments made during Citizen
Comments.
V. CONSENT CALENDAR
It was moved by Board Member Griesbach, seconded by Vice President
Stroman and unanimously carried that the items on the Consent Calendar be
approved as presented with the exception of item(s) 2, 3, 4, and 5.
(1) Approve minutes August 2, 2018 regular and/or special meeting(s).
(2) Accept the Financial Status Report.
Vice President Stroman pulled this item to inquire about the Water Fund and
noted the increase in water consumption. Mr. Stroman questioned if there is
cause for concern with the increase. Public Works Director Trisha Whitfield
provided a response thereto commenting that staff did notice the increase.
Following discussion, it was moved by Vice President Stroman, seconded by
Board Member Griesbach and carried 3 to 0 (Board Members Soria and Gilson
absent) to approve the item as presented.
(3) Receive the Public Works performance reports for July 2018.
Board Member Griesbach pulled this item to inquire about the biogas project and
if staff is satisfied with how it is going. Public Works Director Trisha Whitfield
responded that as a stand alone project, it is going well. She also commented
that Pat McLafferty of Hydros Agritech stated that it should be up and running by
February 1, 2019. President Pennington noted the amount of trucks down for the
reported month and inquired if that affected the ability to keep up with the work
load. Solid Waste Manager Frank Rodriguez responded that the department was
able to keep up. Followin discussion, it was moved by Board Member
Griesbach, seconded by Vice President Stroman and carried 3 to 0 (Board
Members Soria and Gilson absent) to approve the item as presented.
(4) Accept the Public Works Monthly Water System Report.
Board member Griesbach pulled this item to inquire about the minimum peak
hours pressure and if this is the main indicator of the health of the City’s water
system. Mr. Griesbach also inquired if staff was concerned with the low number.
Water and Wastewater Collections Utility Manager Tim Doyle provided a reponse
thereto. Following discussion, it was moved by Board Member Griesbach,
seconded by Vice President Stroman and carried 3 to 0 (Board Members Soria
and Gilson absent) to approve the item as presented.
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(5) Receive the Fuel Cell Performance report for June 2018.
Board Member Griesbach pulled this to inquire when the “true-up” period is on
the NEM tariff and if staff has an idea of what this will look like for the City.
Public Works Director Trisha Whitfield responded that the “true-up” period is
December 2018. President Pennington requested staff walk through the chart
provided to give a better understanding. Management Analyst Ben Siegel
explained the information that was presented in the chart. Following discussion,
it was moved by Vice President Stroman, seconded by Board Member Griesbach
and carried 3 to 0 (Board Members Soria and Gilson absent) to approve the item
as presented.
(6) Receive the Water System Development Program update.
VI. 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) Approve and authorize the City Manager, or designee, to execute a twenty-
five (25) year Power Purchase Agreement and lease for the land underlying
the system with Borrego Solar Systems, Inc. of San Diego, CA subject to
minor conforming or clarifying changes acceptable to the City Attorney.
Public Works Director Trisha Whitfield provided a report for the Board’s review
and consideration. Representatives from Borrego Solar Systems, Inc. provided
the Board with a PowerPoint presentation. Questions posed by the Board were
responded to by Public Works Director Trisha Whitfield and Borrego
representatives. Following discussion, it was moved by Vice President Stroman,
seconded by Board Member Griesbach and carried 3 to 0 (Board Members Soria
and Gilson absent) to approve the item as presented.
(2) Review proposed changes and make recommendations to the City Council
with regard to revising Title 7 Chapter 7.16, Garbage Collection and Street
Sweeping Services, and Title 7 Chapter 7.18, Recycling and Diversion of
Construction and Demolition Debris of the Tulare Municipal Code, to effect
the change described in the revised ordinance as attached.
Public Works Director Trisha Whitfield provided a report for the Board’s review
and consideration. Questions posed by the Board were responded to by Solid
Waste Manager Frank Rodriguez and Public Works Director Trisha Whitfield.
The Board did not make any recommendations with regard to revising the
ordinance. Following discussion, it was moved by Board Member Griesbach,
seconded by Vice President Stroman and carried 3 to 0 (Board Members Soria
and Gilson absent) to approve the item as presented.
(3) Receive an update on the TCP Project and compliance order received by
the State Water Resources Control Board.
Public Works Director Trisha Whitfield provided a report for the Board’s review
and consideration. Vice President Stroman inquired about the risks to the elderly
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and those with weak immune systems. Water and Wastewater Collections Utility
Manager Tim Doyle provided a response thereto. President Pennington
expressed his desire for staff to bring information to the Board and involve the
Board more. Dr. Edward Henry, citizen of Tulare, addressed the Board regarding
TCP health concerns. Charles Ritchie, citizen of Tulare, expressed concerns
regarding the TCP treatment. Following discussion, it was moved by Board
Member Griesbach, seconded by Vice President Stroman and carried 3 to 0
(Board Members Soria and Gilson absent) to approve the item as presented.
VII. ITEMS OF BOARD INTEREST
Items of Board interest were discussed amongst the Board and staff.
Interim City Attorney Jas Gill advised there was a desire to discuss the roles and
responsibilities of staff and the Board. It was the consensus of the Board to add an
item to the next agenda to discuss this topic.
VIII. ADJOURN REGULAR MEETING
President Pennington adjourned the regular meeting at 6:02 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, August 16, 2018
4:00 p.m.
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.
I. CALL TO ORDER REGULAR MEETING
II. PLEDGE OF ALLEGIANCE AND INVOCATION
III. CITIZEN COMMENTS - This is the time for citizens to comment on items on the
Consent Calendar or within the jurisdiction of the Board. The Board cannot legally
discuss or take official action on citizen comments that are presented. Each speaker
will be allowed three minutes, with a maximum time of 10 minutes per item, unless
otherwise extended by the Board.
IV. 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.
V. 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 August 2, 2018 regular and/or special meeting(s).
(2) Accept the Financial Status Report.
(3) Receive the Public Works performance reports for July 2018.
(4) Accept the Public Works Monthly Water System Report.
(5) Receive the Fuel Cell Performance report for June 2018.
(6) Receive the Water System Development Program update.
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Board of Public Utilities Agenda August 16, 2018
VI. 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) Approve and authorize the City Manager, or designee, to execute a twenty-five
(25) year Power Purchase Agreement and lease for the land underlying the
system with Borrego Solar Systems, Inc. of San Diego, CA subject to minor
conforming or clarifying changes acceptable to the City Attorney.
(2) Review proposed changes and make recommendations to the City Council with
regard to revising Title 7 Chapter 7.16, Garbage Collection and Street Sweeping
Services, and Title 7 Chapter 7.18, Recycling and Diversion of Construction and
Demolition Debris of the Tulare Municipal Code, to effect the change described in
the revised ordinance as attached.
(3) Receive an update on the TCP Project and compliance order received by the
State Water Resources Control Board.
VII. ITEMS OF BOARD INTEREST: (may include City Council and Planning Commission updates) –
GC 54954.2(3)
VIII. 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.]
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