Board of Public Utilities Meeting

3166 ACTION MINUTES OF BOARD OF PUBLIC UTILITIES COMMISSIONERS CITY OF TULARE December 20, 2018 A regular meeting of the Board of Public Utilities, City of Tulare was held on Thursday, December 20, 2018 at 4:00 p.m. in the Tulare Public Library & Council Chambers, 491 North “M” Street. BPU PRESENT: Jim Pennington, Howard Stroman, Chris Harrell, Thomas Griesbach BPU ABSENT: Chris Soria STAFF PRESENT: Rob Hunt, Jaskaran Gill, Trisha Whitfield, Darlene Thompson Left at 4:40, Nick Bartsch, Tim Doyle, Jim Funk, Melissa Hermann I. CALL TO ORDER REGULAR MEETING President Pennington called the regular meeting to order at 4:03 p.m. Deputy City Clerk Melissa Hermann administered an Oath of Office to Chris Harrell. II. PLEDGE OF ALLEGIANCE AND INVOCATION Board Member Thomas Griesbach led the Pledge of Allegiance and an invocation was given by Vice President Stroman. III. CITIZEN COMMENTS President Pennington requested those who wish to speak on matters not on the agenda within the jurisdiction of the Board, or to address or request a matter be pulled from the Consent Calendar to do so at this time. He further stated comments related to General Business matters would be heard at the time that matter is addressed on the agenda. There were no citizen comments. IV. COMMUNICATIONS There were no items for this section. V. CONSENT CALENDAR It was moved by Vice President Stroman seconded by Board Member Harrell and carried 4 to 0 (Board Member Soria absent) that the items on the Consent  3167 Calendar be approved as presented with the exception of items 3, 4, 5, 6, 7, 8, and 10. (1) Approve minutes of the December 6, 2018 regular meeting. (2) Accept the Financial Status Report for July 1, 2018 through November 30, 2018. (3) Receive the Fuel Cell Performance report for October 2018. Vice President Stroman and President Pennington pulled this item for clarification. Public Works Director Trisha Whitfield and Fuel Cell Energy representative Clinton Smith provided a response thereto. President Pennington expressed concerns regarding the increase in electrical costs. President Pennington requested staff provide a dashboard for the biogas fuel cell and solar project. Public Works Director Trisha Whitfield stated she will include those projects into the current monthly dashboard. Following discussion, it was moved by President Pennington, seconded by Vice President Stroman and carried 4 to 0 (Board Member Soria absent) to receive the Fuel Cell Performance report for October 2018. (4) Accept the Public Works Monthly Water System Report. President Pennington pulled this item for clarification regarding the system delivery capacity number. Water and Wastewater Collections Utility Manager Tim Doyle provided a response thereto. Board Member Griesbach inquired about the daily average pressure which was responded to. It was moved by President Pennington, seconded by Board Member Griesbach and carried 4 to 0 (Board Member Soria absent) to accept the Public Works Monthly Water System Report. (5) Receive the Water System Development Program update. President Pennington pulled this item to inquire about new wells planned. Project Manager Jim Funk provided a response thereto. Senior Project Manager Nick Bartsch and Water and Wastewater Collections Utility Manager Tim Doyle provided additional information in response to the Board’s questions. It was moved by President Pennington, seconded by Board Member Harrell and carried 4 to 0 (Board Member Soria absent) to receive the Water System Development Program update. (6) Award and authorize the City Manager or designee to sign a contract will Drill Hog of Tulare, CA in an amount not to exceed $218,220.40 for construction and development of fourteen groundwater monitoring wells at the City of Tulare Wastewater Treatment Plant and authorize the City Manager to approve contract change orders in an amount not to exceed 10% ($21,822.00) of the contract award amount. President Pennington pulled this item for clarification. Public Works Director Trisha Whitfield provided a response thereto. Board Member Harrell inquired  3168 about any penalties for being out of compliance which Ms. Whitfield responded that there were no penalties and the City is back in compliance. It was moved by Vice President Stroman, seconded by Board Member Griesbach and carried 4 to 0 (Board Member Soria absent) to approve the item as presented. (7) Review and authorize the City Manager, or designee, to execute Contract Change Order No. 1 in the amount of $112,000.00 and to increase the contingency amount by $11,200 (10%) for the construction of test wells by Johnson Drilling Co., Project WT0023. Vice President Stroman and President Pennington pulled this item for clarification on the history of the contract. Project Manager Jim Funk provided a response thereto. President Pennington inquired if the amount seemed like a reasonable increase which was responded to by staff. Following discussion, it was moved by Vice President Stroman, seconded by Board Member Harrell and carried 4 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 W. M. Lyles Co. of Fresno, CA in an amount not to exceed $2,498,300.00 for construction of TCP mitigation measures at Well #17 and Well #37 (Project No. WT0032) and authorize the City Manager or designee to approve contract change orders in the amount not to exceed 10% ($249,830.00) of the contract amount. President Pennington pulled this item to inquire about the lack of information on prices for the alternate system and the contract change order amount. Staff responded to President Pennington’s concerns. The Board requested that staff bring an item back if the contract change order amount reaches 5%. It was moved by Board Member Griesbach, seconded by Vice President Stroman and carried 4 to 0 (Board Member Soria absent) to approve the item as presented adding staff provide an update to the Board if the contract change order amount reaches 5%. (9) Approve the WWTP Electrical Room Replacement Project scope and budget and authorize the City Manager to sign a Professional Services Agreement with Borrelli and Associates, Inc. of Fresno, CA in an amount not to exceed $152,800 for electrical design, bidding and construction support services for Project WW00##, the replacement of Electrical Room No. 1 with Electrical Room No. 6; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($15,280) of the Agreement amount. (10) Receive the Public Works performance reports for November 2018. Board Member Griesbach pulled this item for clarification on the Ammonia amount at the WWTP. Public Works Director Trisha Whitfield provide a response thereto. It was moved by Board Member Griesbach, seconded by Board Member Harrell and carried 4 to 0 (Board Member Soria absent) to receive the Public Works performance reports for November 2018.  3169 VI. GENERAL BUSINESS (1) Approve and authorize the City Manager to execute the Lender Consent and Agreement between the City and Central CA Fuel Cell 2, LLC, referred to as Fuel Cell Energy (FCE) 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. Questions posed by the Board were responded to by Public Works Director Trisha Whitfield and Fuel Cell Energy representative Clinton Smith. It was moved by Board Member Harrell, seconded by Board Member Griesbach and carried 4 to 0 (Board Member Soria absent) to approve the item as presented. (2) Approve and authorize the City Manager to execute an amendment to the Power Purchase Agreement (PPA) between the City and 1875 West St Solar, LLC, referred to as Borrego Solar Systems, execute revisions to the Lease and Easement Agreement, and execute the PPA Consent and Assignment, Lease Consent and Assignment, PPA Estoppel, Lease Estoppel, and Owner’s Affidavit 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. Following discussion, it was moved by Vice President Stroman, seconded by Board Member Griesbach and carried 4 to 0 (Board Member Soria absent) to approve the item as presented. VII. ITEMS OF INTEREST Items of Board interest were discussed amongst the Board and staff. VIII. ADJOURNMENT President Pennington adjourned the regular meeting at 6:06 p.m. __________________________________ President of the Board of Public Utilities Commissioners of the City of Tulare ATTEST: __________________________ Secretary of the Board of Public Utilities Commissioners