minutes of the meeting of the boardof directorsof … · jeff naff, c. overaa & co. paul...

MINUTES OF THE MEETING OF THEBOARD OF DIRECTORS OFUNION SANITARY DISTRICT

January 13, 2020

CALL TO ORDER

President Toy called the meeting to order at 7:00 p.m.

SALUTE TO THE FLAG

ROLL CALL

PRESENT: Jennifer Toy, PresidentTom Handley, Vice PresidentPat Kite, SecretaryAnjali Lathi, DirectorManny Fernandez, Director

STAFF: Paul Eldredge, General Manager/District EngineerKaren Murphy, District CounselSami Ghossain, Technical Services ManagerArmando Lopez, Treatment and Disposal Services ManagerJames Schofield, Collection Services ManagerRobert Simonich, Fabrication, Maintenance, and Construction ManagerLaurie Brenner, Business Services CoachShawn Nesgis, Collection Services CoachJose Rodrigues, Collection Services CoachRic Pipkin, Enhanced Treatment and Site Upgrade Program ManagerCurtis Bosick, Enhanced Treatment and Site Upgrade Assistant Program ManagerBlake Ehlers, Assistant EngineerRegina McEvoy, Executive Assistant to the General Manager/Board Clerk

VISITORS: Roelle Balan, Tri-City Voice NewspaperMarc Solomon, Hazen and SawyerIrene Chu, Hazen and SawyerDave Richardson, Woodard & CurranJeff Naff, C. Overaa & Co.Paul Casinelli, C. Overaa & Co.Patricia Haskin, C. Overaa & Co.Douglas Brown, Stradling Attorneys at LawLaura Carpenter, Stradling Attorneys at LawMike Marzano

APPROVE MINUTES OF THE SPECIAL BOARD MEETING OF DECEMBER 3.2019

It was moved by Secretary Kite, seconded by Director Fernandez, to Approve Minutes ofthe Special Board Meeting of December 3, 2019. Motion carried unanimously.

APPROVE MINUTES OF THE BOARD MEETING OF DECEMBER 9.2019

It was moved by Director Lathi, seconded by Secretary Kite, to Approve Minutes of theBoard Meeting of December 9, 2019. Motion carried unanimously.

APPROVE MINUTES OF THE SPECIAL BOARD MEETING OF DECEMBER 16.2019

Itwas moved by Director Fernandez, seconded by Vice President Handley, to ApproveMinutes of the Special Board Meeting of December 16, 2019. Motion carriedunanimously.

OCTOBER 2019 MONTHLY OPERATIONS REPORT

This item was reviewed by the Budget & Finance and Legal/Community AffairsCommittees. General Manager Eldredge provided details regarding one odor complaint,and an overview of the October 2019 Monthly Operations Report included in the Boardmeeting packet. Business Services Coach Brenner provided an overview of thefinancial reports included in the Board packet.

NOVEMBER 2019 MONTHLY OPERATIONS REPORT

This item was reviewed by the Budget & Finance and Legal/Community AffairsCommittees. General Manager Eldredge provided details regarding two odorcomplaints, and an overview ofthe November 2019 Monthly Operations Report includedin the Board meeting packet. Business Services Coach Brenner provided an overviewof the financial reports included in the Board packet.

WRITTEN COMMUNICATIONS

There were no written communications.

PUBLIC COMMENT

There was no public comment.

AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT ANDTASKORDER NO. 1 WITH HAZEN AND SAWYER FORTHE ENHANCED TREATMENT ANDSITE UPGRADE PHASE 1A PROJECT

This item was reviewed by the Engineering and Information Technology Committee.General Manager Eldredge introduced Enhanced Treatment and Site Upgrade (ETSU)Program Manager Pipkin. ETSU Program Manager Pipkin stated the EnhancedTreatment and Site Upgrade (ETSU) Program is the culmination of the District'splanning efforts and is based on the outcomes and findings of the Plant SolidsSystem/Capacity Assessment- Phases 1and 2, Administration/Control/FMC BuildingsEvaluation, the Effluent Management Study, and the Secondary Treatment ProcessImprovements Evaluation. Staff developed a Phase 1A Project scope which includesthe Aeration Basin Modifications project and the Campus Building project. The twoprojects will be designed together for initial construction because they are the first twoconcurrent projects that must both be completed before the remainder of Phase 1 canbe accomplished. The major scope items for the Project and descriptions for Task OrderNo. 1were outlined in the Board meeting packet. Staff anticipates Hazen will complete

design of the Project and required environmental review under the CaliforniaEnvironmental Quality Act by July 2021; the currently anticipated construction start dateis late 2021 or early 2022. Staff recommended the Board authorize the GeneralManager to execute an agreement and Task Order No. 1with Hazen and Sawyer in theamount of$6,752,860 for the Enhanced Treatment and Site Upgrade Phase 1A Project.

It was moved by Secretary Kite, seconded by Vice President Handley, to Authorize theGeneral Manager to Execute an Agreement and Task Order No. 1 with Hazen andSawyer in the amount of $6,752,860 for the Enhanced Treatment and Site UpgradePhase 1A Project. Motion carried unanimously.

REJECT THE BID PROTEST FROM KIEWIT INFRASTRUCTURE WEST CO. ANDAWARD THE CONSTRUCTION CONTRACT FOR THE PRIMARY DIGESTER NO. 7PROJECT TO C. OVERAA & CO.

This item was reviewed by the Engineering and Information Technology Committee.Technical Services Manager Ghossain stated the Primary Digester No. 7 Project wasone of the outcomes of the Plan Solids System/Capacity Assessment - Phase 1 thatwas completed in November 2016. Brown and Caldwell completed the Project's designin June 2019 and the major elements were outlined in the Board meeting packet. Staffrejected the sole bid received for the Project since it exceeded the Engineer's Estimateby a large percentage. The Project was re-advertised, five bids were received, andOveraa was the apparent low bidder. Staff received a bid protest on behalf of the secondlow bidder, Kiewit; staff sent a letter addressing the matter to Kiewit November 19,2019.Staff has not received a response to date. The contractor will have 610 calendar daysto complete the Project from Notice to Proceed, the estimated substantial completiondate is September 2021. Staff recommendedthe Board reject the bid protest from KiewitInfrastructure WestCo. and award the construction contract for the Primary Digester No.7 Project to C. Overaa & Co. in the amount of $23,342,575.

It was moved by Director Fernandez, seconded by Secretary Kite, to Reject the BidProtest from Kiewit Infrastructure West Co. and Award the Construction Contract,Including Bid Alternates Aand B, for the Primary Digester No. 7 Project to C. Overaa &Co. in the Amount of$23,342,575. Motion carried unanimously.

CONSIDER A RESOLUTION OF THE UNION SANITARY DISTRICT AUTHORIZINGTHE EXECUTION AND DELIVERY OF A JOINT EXERCISE OF POWERS BY ANDBETWEEN UNION SANITARY DISTRICT AND CALIFORNIA MUNICIPAL FINANCEAUTHORITYAND THE MASTER CMFA AGREEMENT: CONSIDER A RESOLUTIONOF THE UNION SANITARY DISTRICT REGARDING ITS INTENTION TOREIMBURSE CERTAIN PROJECT COSTS FROM PROCEEDS OF TAX-EXEMPTOBLIGATIONS: AND CONSIDER APPROVAL OF DEBT MANAGEMENT POLICYNO. 2060

This item was reviewed by the Budget & Finance Committee. General ManagerEldredge stated staff prepared a desk item to reflect edits to Debt Management PolicyNo. 2060 as discussed at the Budget &Finance Committee meeting, hard copies of thedesk item were provided at the Board meeting. District staff identified approximately$37 million in capital project funding needs that may be financed with tax-exempt debt.Financing for District capital project costs may be obtained through the issuance ofrevenue bonds by a joint powers authority (JPA) or through the execution and deliveryof certificates of participation (COPs) by the District. The District's underwriter reports

that issuing revenue bonds generally results in a lower interest cost than COPs;pursuing the creation of a JPA to issue revenue bonds is expected to provide savingsbenefits to the District's ratepayers. A JPA must be formed, pursuant to the CaliforniaJoint Exercise of Powers Act, to issue revenue bonds. District staff and bond counselprepared and negotiated a Joint Exercise of Powers Agreement with the CaliforniaMunicipal Finance Authority (CMFA), as included in the Board packet, to create theUnion Sanitary District Financing Authority (USDFA). Under the terms of the jointexercise of powers agreement, the USDFA's board is comprised of the District'sBoardmembers and all USD Authority officers are District staff members.

Under certain circumstances, projects to be financed with tax-exempt bonds may needto proceed prior to the issuance of the bonds. The Internal Revenue Code allows theDistrict to reimburse project costs from tax-exempt bonds; staff presented a resolutionstating the District's intention.

The revised Debt Management Policy provides guidance for the issuance andmanagement of District debt. The Policy included changes necessary to comply withupdated state and federal regulations that were outlined in the Board meeting packet.

Staff recommended the Board adopt a resolution authorizing execution and delivery ofJoint Exercise of Powers Agreement by and between Union Sanitary District and theCalifornia Municipal Finance Authority and the Master CMFA Agreement, adopt aresolution of the Union Sanitary District stating its intention to reimburse certain projectcosts from proceeds of tax-exempt obligations, and make a motion to approve revisedDebt Management Policy No. 2060.

It was moved by Director Lathi, seconded by Vice President Handley, to AdoptResolution No. 2875, Authorizing the Execution and Delivery of a Joint Exercise ofPowersAgreement by and Between the Union Sanitary District and California MunicipalFinance Authority ("CMFA") and the Master CMFA Agreement. Motion carriedunanimously.

It was moved by Vice President Handley, seconded by Director Fernandez, to AdoptResolution No. 2876, Regarding Union Sanitary District's Intention to Reimburse CertainCosts From Proceeds of Tax-Exempt Obligations. Motion carried unanimously.

####

UNION SANITARY DISTRICT

RESOLUTION NO. 2875

A RESOLUTION OF THE UNION SANITARY DISTRICT AUTHORIZING THEEXECUTION AND DELIVERYOF A JOINT EXERCISE OF POWERS AGREEMENT BY

AND BETWEEN THE UNION SANITARY DISTRICT AND CALIFORNIA MUNICIPALFINANCE AUTHORITY ("CMFA") AND THE MASTER CMFA AGREEMENT

WHEREAS, the Union Sanitary District (the "District") is a sanitary district dulyorganized and existing under and by virtue ofthe laws ofthe State ofCalifornia; and

WHEREAS, the District, acting pursuant to Article I (commencing with Section 6500)of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the"JPA Law"), mayenter into a joint exercise ofpowersagreement with one or more other publicagencies pursuant to which such contracting parties may jointly exercise any power commonto them and, pursuant to Government Code § 6588, exercise certain additional powers; and

WHEREAS, the California Municipal Finance Authority ("CMFA") has been previouslycreated pursuant to the Joint Exercise of Powers Agreement Relating to the CaliforniaMunicipal Finance Authority, dated as of January 1, 2004, as amended (the "CMFAAgreement"), for the purpose of promoting economic, cultural and community development,including the issuance of bonds, notes or other evidences of indebtedness; and

WHEREAS, the District and CMFA desire to create and establish the Union SanitaryDistrict Financing Authority (the "Authority") pursuant to the JPA Law; and

WHEREAS, there has been presented to this meeting a proposed form of JointExercise of Powers Agreement, dated January 13, 2020 (the "Joint Powers Agreement"), byand between the District and CMFA, which Joint Powers Agreement creates and establishesthe Authority; and

WHEREAS, under California law and the Joint Powers Agreement, the Authority willbe a public entity separate and apart from the parties to the Joint Powers Agreement, and thedebts, liabilities and obligations of the Authority will not be the debts, liabilities or obligationsof the District or any representative of the District serving on the governing body of theAuthority; and

WHEREAS, as a condition to CMFA's execution of the Joint Powers Agreement,CMFA has requested that the District become a member of CMFA; and

WHEREAS, the District has determined that it is in the public interest and for the publicbenefit that the District become a member of CMFA in order to facilitate the promotion ofeconomic, cultural and community development activities in the area served by the District;and

WHEREAS, there has been presented to this meeting a proposed form of the CMFAAgreement.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THEUNION SANITARY DISTRICT AS FOLLOWS:

SECTION 1. The statements, findings, and determinations set forth above and in thepreambles of the documents approved by this resolution are true and correct.

SECTION 2. The forms ofthe Joint Powers Agreement and CMFA Agreement on filewith the Secretary of the Board of Directors of the District, are hereby approved. ThePresident of the Board of Directors of the District, the Vice President of the Board of Directorsof the District, the General Manager of the District (each, an "Authorized Officer") are eachhereby authorized and directed, on behalf of the District, to execute and deliver the JointPowers Agreement and the CMFA Agreement substantially in the approved form, with suchchanges as may be recommended by General Counsel or Stradling Yocca Carlson &Rauth,a Professional Corporation, as Bond Counsel, said execution being conclusive evidence ofsuch approval.

SECTION 3. Each Authorized Officer is hereby authorized and directed to take allnecessary and appropriate actions and execute and deliver any documents to ensure thatthe District becomes a member of CMFA.

SECTION 4. The Secretary of the Board shall forward a certified copy of thisResolution and an originally executed copy of each of the CMFA Agreement and the JointPowers Agreement to CMFA in care of its counsel:

Ronald E. Lee

Jones Hall, A Professional Corporation475 Sansome Street, Suite 1700San Francisco, CA 94111

SECTION 5. This resolution shall take effect immediately upon its passage.

The foregoing resolution was passed and adopted by the Board of Directors of theUnion Sanitary District this 13th day of January, 2020, by the following vote, to wit:

AYES: Fernandez, Handley, Kite, Lathi, Toy

NOES: None

ABSENT: None

ABSTAIN: None

PAT KITE

Secretary, Board of DirectorsUnion Sanitary District

JfNWtfER^

reîdei^ôJjFdôfvDirectorsUnion Sanitary District


RESOLUTION NO. 2876

A RESOLUTION OF THE UNION SANITARY DISTRICT REGARDING ITS INTENTIONTO REIMBURSE CERTAIN COSTS FROM PROCEEDS OF

TAX-EXEMPT OBLIGATIONS

WHEREAS, the Board of Directors of the Union Sanitary District (the "Issuer")desires to finance the acquisition of certain capital items, all as morefully described in Exhibit Aattached hereto and incorporated herein (the "Project"); and

WHEREAS, the Issuer intends to finance the Project or portions of the Project withthe proceeds ofthe sale ofobligations the interest upon which is excluded from gross income forfederal income tax purposes in one or more phases (the "Obligations"); and

WHEREAS, prior to the issuance of the Obligations the Issuer desires to incurcertain expenditures with respect to the Project from available monies of the Issuer, whichexpenditures are desired to be reimbursed by the Issuer from a portion of the proceeds of thesale of the Obligations.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OFTHE UNION SANITARY DISTRICT AS FOLLOWS:

SECTION 1. The Issuer hereby states its intention and reasonably expects toreimburse Project costs incurred by the Issuer or a public agency member of the Issuer prior tothe issuance of the Obligations with proceeds of the Obligations. Exhibit A describes either thegeneral character, type, purpose, and function of the Project, or the fund or account from whichProject costs are to be paid and the general functional purpose of the fund or account.

SECTION 2. The reasonably expected maximum principal amount of theObligations is $37,000,000. The amount of proceeds of the Obligations reasonably expected tobe allocated to expenditures to reimburse expenditures incurred prior to the issuance of theObligations is $37,000,000.

SECTION 3. This resolution is being adopted not later than 60 days after thepayment of the original expenditures (the "Expenditures Date or Dates").

SECTION 4. Except as described below, the expected date of issue of theObligations will be within eighteen months of the later of the Expenditure Date or Dates and thedate the Project is placed in service; provided, the reimbursement may not be made more thanthree years after the original expenditure is paid. For Obligations subject to the small issuerexception of Section 148(f)(4)(D) of the Internal Revenue Code, the "eighteen-month limit" of theprevious sentence is changed to "three years" and the limitation of the previous sentencebeginning with "; provided,..." is not applicable.

SECTION 5. Proceeds of the Obligations to be used to reimburse for Projectcosts are not expected to be used, within one year of reimbursement, directly or indirectly to paydebt service with respect to any obligation (other than to pay current debt service coming duewithin the nextsucceeding one year period on any tax-exempt obligation ofthe Issuer or a publicagency member of the Issuer (otherthan the Obligations)) or to be held as a reasonably requiredreserve or replacement fund with respect to an obligation of the Issuer, a public agency memberof the Issuer or any entity related in any manner to the Issuer, or to reimburse any expenditurethat was originally paid with the proceeds ofany obligation, or to replace funds that are or will beused in such manner.

SECTION 6. This resolution is consistent with the budgetary and financialcircumstances of the Issuer, or the public agency member of the Issuer receiving thereimbursement, as of the date hereof. No monies from sources other than the Obligation issueare, or are reasonably expected to be reserved, allocated on a long-term basis, or otherwise setaside by the Issuer, such public agency member or any related party pursuant to their budget orfinancial policies with respect to the Project costs. To the best of our knowledge, this Issuer isnot aware of the previous adoption of official intents by the Issuer that have been made as amatter of course for thepurpose of reimbursing expenditures and for which tax-exempt obligationshave not been issued.

SECTION 7. The limitations described in Section 3 and Section 4 do not apply to(a) costs of issuance of the Obligations, (b) an amount not in excess of the lesser of $100,000 orfive percent (5%) of the proceeds of theObligations, or (c) any preliminary expenditures, such asarchitectural, engineering, surveying, soil testing, and similar costs other than land acquisition,site preparation, and similar costs incident to commencement of construction, not in excess oftwenty percent (20%) ofthe aggregate issue price ofthe Obligations that finances the Project forwhich the preliminary expenditures were incurred.

SECTION 8. This resolution is adopted as official action of the Issuer in order tocomply with Treasury Regulation § 1.150-2 and any other regulations of the Internal RevenueService relating to the qualification for reimbursement of expenditures incurred prior to the dateof issue of the Obligations, is part of the Issuer's official proceedings, and will be available forinspection by the general public at the main administrative office of the Issuer.

SECTION 9. All the recitals in this Resolution are true and correct and this Issuer

so finds, determines and represents.

SECTION 10. This Resolution shall take effect immediately.

The foregoing resolution was passed and adopted by the Board of Directors of theUnion Sanitary District this 13th day of January, 2020, by the following vote, to wit:


NOES: None

ABSENT: None

ABSTAIN: None

PAT KITE


lENNtti-R

Presi

Union Sanitary

•

EXHIBIT A

DESCRIPTION OF PROJECT

Primary Digester No. 7Alvarado Influent Pump Station ImprovementsHeadworks Bar Screen Replacement Project

A-l

It was moved by Director Lathi, seconded by Secretary Kite, to Approve Revised DebtManagement Policy No. 2060 as presented in the Desk Item. Motion carriedunanimously.

AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT AND TASKORDER NO. 1 WITH TANNER PACIFIC. INC. FOR THE PRIMARY DIGESTER NO. 2REHABILITATION PROJECT

This item was reviewed by the Engineering and Information Technology Committee.Technical Services Manager Ghossain stated expects to issue the Project's Notice toProceed by January 2020 with an anticipated construction completion date of October2020. The Project's major elements were listed in the Board meeting packet. The scopeof Task Order No. 1 will include the pre-construction phase, construction phase, andproject close out phase. The total not to exceed fee of $138,600 is 4.5% of theconstruction contract amount of $3,057,530. Staff recommended the Board authorizethe General Manager to execute an agreement and Task Order No. 1 with TannerPacific, Inc. in the amount of $138,600 to provide construction management services forthe Primary Digester No. 2 Rehabilitation Project.

It was moved by Vice President Handley, seconded by Secretary Kite, to Authorize theGeneral Manager to Execute an Agreement and Task Order No. 1 with Tanner Pacific,Inc. in the Amount of $138,600 to Provide Construction Management Services for thePrimary Digester No. 2 Rehabilitation Project. Motion carried unanimously.

AUTHORIZE THE GENERAL MANAGER TO EXECUTE TASK ORDER NO. 2 WITHCAROLLO ENGINEERS. INC. FOR THE PRIMARY DIGESTER NO. 2REHABILITATION PROJECT

This item was reviewed by the Engineering and Information Technology Committee.Technical Services Manager Ghossain stated Carollo completed design in October2019 and reviewed the Project's major elements listed in the Board meeting packet.The task order's not to exceed amount of $112,714 is about 3.7% of the constructioncontract amount of $3,057,530. Staff recommended the Board authorize the GeneralManager to execute Task Order No. 2 with Carollo Engineers, Inc. in the amount of$112,714 to provide engineering services during construction of the Primary DigesterNo. 2 Rehabilitation Project.

It was moved by Director Fernandez, seconded by Director Lathi, to Authorize theGeneral Manager to Execute Task Order No. 2 with Carollo Engineers, Inc. in theAmount of $112,714 to Provide Engineering Services During Construction of thePrimary Digester No. 2 Rehabilitation Project. Motion carried unanimously.

CONSIDER A RESOLUTION TO ACCEPT A SANITARY SEWER EASEMENT FORTRACT 8344 - MONARCH AT SPARES RANCH. LOCATED NEAR THEINTERSECTION OF WESTERN AVENUE AND ALVARADO-NILES ROAD. IN THECITY OF UNION CITY "

This item was reviewed bythe Legal/Community Affairs Committee. Technical ServicesManager Ghossain stated the developer, D.R. Horton BAY, Inc., constructed aresidential development consisting of 63 townhomes for Tract 8344 located nearWestern Avenue and Alvarado-Niles Road in Union City. Sanitary sewer service to theresidential development will be provided by new mains in the development's roadways;

the roadways ofthe development do not meetthe City of Union City's street dimensionsand structure setback requirement for public streets and have been designated asprivate streets. D.R. Horton BAY, Inc., has constructed the new sewer mains andgranted the District sanitary sewer easements that provide for access and maintenancefor the new mains.

It was moved by Director Lathi, seconded by Vice President Handley, to AdoptResolution No. 2877, Accepting a Sanitary Sewer Easement for Tract 8344 - Monarchat Soares Ranch, Located Near the Intersection of Western Avenue and Alvarado-NilesRoad in the City of Union City, California. Motion carried unanimously.

####

RESOLUTION NO. 2877

ACCEPT A SANITARY SEWER EASEMENT FORTRACT 8344 - MONARCH AT SOARES RANCH,

LOCATED NEAR THE INTERSECTION OF WESTERN AVENUE ANDALVARADO-NILES ROAD,

IN THE CITY OF UNION CITY, CALIFORNIA

RESOLVED by the Board of Directors of UNION SANITARY DISTRICT, that ithereby accepts the Grant of Easement from D.R. HORTON BAY, INC., executedon May 1, 2017, as described in the Grant of Easement for Sanitary SewerPurposes and by the legal description and plat map, attached Exhibit Aand ExhibitB, respectively.

FURTHER RESOLVED by the Board of Directorsof UNION SANITARY DISTRICTthat it hereby authorizes the General Manager/District Engineer, or his designee,to attend to the recordation thereof.

On motion duly made and seconded, this resolution was adopted by the followingvote on January 13, 2020:


NOES: None

ABSENT: None

ABSTAIN: None

Attest:

PAT KITE


JENNIFERPresidej^v^pUnion Sanitary

Vicinity Map: Grant of SSE, TR 8344 - Monarch At Soares Ranch, Union City

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Notes

GRANT OF EASEMENT

FOR SANITARY SEWER PURPOSES

THIS INDENTURE, made this _J day of //lay 2017, by and betweenD.R. Horton BAY, Inc.. the Party/Parties of the First Part, and Union Sanitary District, the Partyof the Second Part,

WITNESSETH:

That said Party/Parties of the First Part does hereby grant to the Party of the Second Partand to its successors and assigns forever, for the use and puiposes herein stated, the rights of wayand easements hereinafter described, located in the city of Union City, county of Alameda, stateof California:

See Exhibit "A" and Exhibit "B"

together with the right and privilege of constructing, reconstructing, cleaning, repairing andmaintaining at any time, a sanitary sewer and appurtenances along, upon, over, in. through andacross the above described properly; together with free ingress and egress to and for the said Partyof the Second Part, its successors and assigns, its agents and employees, workmen, contractors,equipment, vehicles and tools, along, upon, over, in. through and across said right of way; togetherwith the right of access by its successors and assigns, its agents and employees, workmen,contractors, equipment, vehicles and tools to said right of way from the nearest public street, overand across the adjoining property, if such there be; otherwise by such route or routes across saidadjoining property as shall occasion the least practicable damage and inconvenience to theParty/Parties of the First Part, for constructing, cleaning, repairing and maintaining said sanitarysewer and appurtenances; together with free ingress and egress over the land immediatelyadjoining for maintenance, repair and replacement as well as the initial construction of said sewer.

IN WITNESS WHEREOF the said Party/Patfws of the First Part have executed thisindenture the day and year first above written.

276 of 321

Signature

(Prinl or type name and (iile of signatory)

D.R- Horton BAY, Inc.(Notarize)

A notary public or other officer completing this certificate verifies only the identity of the individual whosigned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document.

STATE OF UUTWfmfi )SSCOUNTY OF ft\Utr\£rtq )

On hMM l&T 16 H before me. ftfaWlMlL V<*n \<HHUn NotarvPublic, personally appeared N-gfln ^. SSlIS

who proved to me on the basis of satisfactoryevidence to be

to me that he/s

the persontef whose name($fis/ape' subscribed to the within instrument and acknowledged.. j/e/ytey executed the same in his/h^fVtrjelr authorized capacity(ig^), and that by his/he?/the1r

signature^ on the instrument the person(s£ or the entity upon behalf of which the person^) acted,ovooiiroH tho ir>c*tn imr\n* wexecuted the instrument

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoingparagraph is true and correct.

WITNESS my hand and official sealAfigl*. DOMINIQUE VAN KESTEREN I

~&*^3a» Notary Public -California I^PstsI Alameda County f? Ytt^E^K/ P.nmmitelnn * 01770Q1 ?.1 n 1 NMfiiV commission # imn<j\ g

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277 of 321

MAY 1, 2017

JOB NO. 2523-000

EXHIBIT A

LEGAL DESCRIPTION

SANITARY SEWER EASEMENT CONVEYED TO UNION SANITARY DISTRICTTRACT 8344, "MONARCH AT SOARES RANCH"

UNION CITY, CALIFORNIA

ALL THAT REAL PROPERTY SITUATE IN THE INCORPORATED TERRITORY OF THECITY OF UNION CITY, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DESCRIBEDAS FOLLOWS:

BEING ALL OF PARCEL A, AS SAID PARCEL A IS SHOWN AND SO DESIGNATED ONTHE OFFICIAL MAP FOR TRACT 8344, "MONARCH AT SOARES RANCH", FILED

i5£££}£t£i. IJlZzI. ,201$ IN BOOK3gg OF MAPS AT PAGES \~\% ALAMEDACOUNTY RECORDS AND SHOWN ON EXHIBIT B - PLAT MAP OF SANITARY SEWER

EASEMENT GRANTED TO UNION SANITARY DISTRICT.

CONTAINING 0.90 ACRES OF LAND, MORE OR LESS.

ATTACHED HERETO IS A PLAT TO ACCOMPANY LEGAL DESCRIPTION, AND BY THIS

REFERENCE MADE A PART HEREOF.

END OF DESCRIPTION

MARK H. WEHBER, P.L.S

L.S. NO. 7960

278 of 321

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CONSIDER AND ADOPT A RESOLUTION TO CERTIFY UNION SANITARY

DISTRICT'S SANITARY SEWER MANAGEMENT PLAN (SSMP)

This item was reviewed by the Legal/Community Affairs Committee. Collection ServicesCoach Rodrigues stated the District is required to develop a Sewer SystemManagement Plan, to self-audit the plan every two years, and to update every five yearsfrom the previous adoption date. Updates to the SSMP were included in the Boardmeeting packet and were described at the Board meeting. Staff stated the SSMP is anoperating manual for the District's Collection System. Staff recommended the Boardconsider and adopt a resolution approving the District's SSMP in accordance with theCalifornia Water Resources Control Board Statewide General Waste DischargeRequirement.

It was moved by Director Fernandez, seconded by Vice President Handley, to AdoptResolution No. 2878, Approving the Union Sanitary District Sewer System ManagementPlan in Accordance with the California Water Resources Control Board Statewide

General Waste Discharge Requirement. Motion carried unanimously.

####

RESOLUTION NO. 2878

APPROVING THE UNION SANITARY DISTRICT SEWER SYSTEM MANAGEMENTPLAN IN ACCORDANCE WITH THE CALIFORNIA WATER RESOURCES CONTROL

BOARD STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENT

WHEREAS, the District owns, operates and maintains a system of over 834 miles ofsanitary sewer pipelines; and

WHEREAS, as environmental stewards of the system for the Cities of Fremont,Newark and Union City it is USD's responsibility to effectively monitor, maintain and managethe capacity of the sewer system; and

WHEREAS, the State of California Water Resources Control Board has adopted OrderNo. 2006-0003, Statewide General Waste Discharge Requirement (WDR) for WastewaterCollection Agencies; and

WHEREAS, the WDR requires the preparation of a Sewer System Management Plan(SSMP) by every Wastewater Collection Agency; and

WHEREAS, the SSMP has been certified by staff to be in compliance with therequirements set forth by the Statewide General WDR; and

WHEREAS, the WDR requires that the Governing Board of each WastewaterCollection Agency must approve the SSMP at a public meeting.

NOW THEREFORE BE IT HEREBY CERTIFIED by the Board of Directors of UnionSanitary District, that the Board approves and adopts this Sewer System Management Plandated January 9, 2020.

On motion duly made and seconded, this resolution was adopted by the following vote onJanuary 13, 2020.

Attest:

AYES:

NOES:

ABSENT:

ABSTAIN:

fsLfSAoPat Kite, SecretaryBoard of Directors


Fernandez, Handley, Kite, Lathi, Toy

None

None

None

Jenhifei<foy>jPresidentBoarUokbirectcUNION SANITARY DISTRICT

REVIEW AND CONSIDER APPROVAL OF ROBOTIC CUTTER SYSTEM PURCHASE

This item was reviewed by the Budget &Finance Committee. Collection Services CoachNesgis stated the Collection Services Workgroup began trenchless sewer main repairsin 2005; such repairs were limited to four-foot sections. The trenchless repair processmade it possible to complete repairs more quickly than the traditional open excavationrepair, and trenchless repairs cost approximately one-quarter less than openexcavation. The downside to the trenchless repair process was that installations weredone based upon measurement as camera equipment was not available to pinpoint therepair location during installation. District staff have since been trained for a new butsimilar process for performing trenchless repairs called the Inversion Lining Process(ILP). The ILP uses a camera to assist with exact placement of repairs and allows for amuch larger range of repair lengths but is limited to repairs between laterals. TheSchwalm Talpa 1330 Sewer Rehab Robotic System will enable staff to reinstate laterals,grind down mineral build-up in cast iron connections, remove roots, trim protrudinglaterals, and smooth out moderate offsets. The Collections Workgroup rented theSchwalm Sewer Rehab Robotic System and the manufacturer has stated they will credittwo months of rental fees toward the purchase price for a cost of $90,275, not includingtax and freight. Staff recommended the Board consider approval of the purchase of oneRobotic Cutter System at an estimated purchase price of $138,000.

Itwas moved by Vice President Handley, seconded by Director Kite, to Authorize DistrictStaff to Purchase One Robotic Cutter at an Estimated Purchase Price of $138,000.Motion carried unanimously.

CONSIDER A MOTION TO CANCEL THE MAY 25. NOVEMBER 23. AND DECEMBER

28. 2020. BOARD MEETINGS. AND PROVIDE DIRECTION TO STAFF REGARDING

CANCELING BOARD MEETINGS FOR ONE MONTH OUT OF THE YEAR

Executive Assistant to the General Manager/Board Clerk McEvoy outlined impacts toregularly scheduled Board meetings throughout calendar year 2020 and presentedoptions for the Board's consideration.

Itwas moved by Director Lathi, seconded by Vice President Handley, to:

• Cancel the May 25, 2020, Board Meeting and Schedule a Special Meeting forTuesday, May 26, 2020;

• Cancel the November 23, 2020, Board Meeting and Authorize Staff to Schedulea Special Meeting for November 16, 2020, if needed;

• Cancel the December 28, 2020, Board Meeting and Authorize Staff to Schedulea Special Meeting for December 21, 2020, if needed.

Motion carried unanimously.

INFORMATION ITEMS:

Report on the East Bav Dischargers Authority (EBDA) Meeting ofNovember 21. 2019

Director Handley provided an overview of the EBDA meeting minutes included in theBoard meeting packet.

Check RegisterStaffresponded to Boardmember questions regarding the Check Register.

COMMITTEE MEETING REPORTS:

The Engineering and Information Technology, Budget &Finance, and Legal/CommunityAffairs committees met.

GENERAL MANAGER'S REPORT:

General Manager Eldredge reported the following:• Introduced Assistant Engineer Blake Ehlers.• The California Association of Sanitation Agencies (CASA) Winter Conference will

be held in Indian Wells, January 21 - 23, 2020.• General Manager Eldredge and District staff members will soon attend rating

agency interviews.• City of Union City staff requested an opportunity to present information regarding

the City's Measure U for a Public Safety Parcel Tax at a future Board meeting.• The District received a courtesy notice for a lawsuit involving the environmental

impact review of a Newark development area west of Stevenson.

OTHER BUSINESS:

Director Kite attended the recent Alameda County Water District Finance Authoritymeeting.

ADJOURNMENT:

The meeting was adjourned at 8:14 p.m. to a Fiscal Model Board Workshop in theAlvarado Conference Room on Tuesday, January 14, 2020, at 4:30 p.m.

The Board will then adjourn to the next Regular Meeting in the Boardroom on Monday,January 27, 2020, at 7:00 p.m.

SUBMITTED: ATTEST:

tt &k^

REGINA McEVOY Cs PAT KITE

BOARD CLERK SECRETARY

APPROVED:

Adopted this 27th day of January 2020

minutes of the meeting of the boardof directorsof … · jeff naff, c. overaa & co. paul...

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