AVILA BEACH COMMUNITY SERVICES DISTRICT Post Office Box 309, Avilal Beach, CA. 93424 Meeting Room and Office - 100 San Luis Street, Avilal Beach Telephone (805) 595-2664 FAX (805)5 595-7623 e-mail: avilacsd@gmail.com REGULAR BOARD MEETING 1PM Tuesday, September 10, 2024  STAFF. AND PUBLIC MAYI PARTICIPATE IN THIS MEETINGI IN: PERSON ATTHE ADDRESS  ABOVEC OR, VATHLECONPRENC: AND/OR BLECTRONICALL). ZOOM MEETING: tps/nsv/web.zom.1s411787571  Meeting ID: 4111787571  Password: No Password Required.  BY PHONE: 1-669-900-9128  Ina accordance with Government Code Section 54953(b), this agenda will be posted at the above  teleconference location and this location will be accessible to the public.  1. 2.  CALL' TO ORDER: 1:00P.M. ROLL CALL: Board Members:  Petel Kelley, President Ara Najarian, Vice. President Kristin Berry, Director Howie Kennett, Director John Janowicz, Director  3.  PUBLIC COMMENT  Members of the public wishing to comment or bring forward any items concerning District operations which do not appear on today's agenda may address the Board now. Please state your name and address before addressing the Board and limit presentations to 3 minutes. State law does not allow Board action on items not appearing on the agenda.  4.  INFORMATION AND DISCUSSION ITEMS  County Reports  1. SLO C County Sheriff Department 2. CalFire/County Firel Department  Reports on Attended Conferences, Meetings, and General Communications of  District Interest    5. 6.  PUBLIC COMMENT ON CLOSED SESSION ITEM  CLOSED SESSION  A.CONFERENCE WITHI LEGAL COUNSEL - ANTICIPATEDLITIGATION- Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2). Number of  cases: One.  7. 8.  REPORT ON CLOSED SESSION/ANNOUNCEMENT OF ACTION, IF ANY,TAKENIN  CLOSED SESSION CONSENT ITEMS:  These items are approved with one motion. Directors may briefly discuss any item, or  may pull any item, whichi is then added to the business agenda. A. Minutes of August 13, 2024, Regular Board Meeting Monthly Financial Review for August 2024 General Manager and District Engineer Report D. Water and Wastewater Operations Reports for August 2024  B. C.  9.  DISCUSSION OF PULLED CONSENT ITEMS  At this time, items pulled for discussion from the Consent Agenda, ifany, will bel heard.  10. BUSINESS ITEMS: Items where Board action is called for.  A. Conflict of] Interest Code. Review/Update  (Action Required: Review staffi report and draft revised Code and consider adoption of  Resolution No. 2024-10, updating the District's Code)  11. COMMUNICATIONS CORRESPONDENCE briefly on any activities or suggest items for future agendas.  At this time, any Director, or Staff, may ask questions for clarification, make any announcements, or report  12. ADJOURN  The next Regular Board meeting is scheduled for' Tuesday, October 8", 2024 at 1:00 P.M. Any writing or document pertaining to and open sessioni item ont this agenda whichi is distributed to a majority oft thel Board after thej posting oft this agenda willl be available: forj publici inspection att thet time the subject writing or documenti is distributed. The writing or document willl be available: for publicr reviewi int the District. Administration Office, 100 San Luis Street, Avilal Beach, CA duringr normal business hours. Consistent with the Americans with] Disabilities Acta and California Government Code Section 54954.2 requests for disability related modification or accommodation, including auxiliary aids or serviçes may bei madel by aj person witha a disability who requires the modification or accommodation in order to participate at the above referenced public meeting by  contacting thel District at 805-595-2664.    MINUTES OF BOARD OF DIRECTORS MEETING Avila Beach Community Services District Tuesday, August 13, 2024 1:00P.M.  1.  CALLTOORDER  President Kelley called the meeting ofthel Board ofDirectors oft the. Avila Beach Community Services District, to order at 1:05 P.M. on the above date, in the Avila Beach Community Services District  Building, 100 San Luis Street, Avila Beach, California.  2.  ROLLCALL Board Members Present  Pete Kelley Howie Kennett John Janowicz Ara Najarian - Remote Kristin Berry  Board Members Absent: Staff] Present: Operations: Legal Counsel: 3. 4.  Brad Hagemann, General Manager & District Engineer  Kristi Dibbern, Office Manager Shawn Powell, Chiefl Plant Operator Shannon DeNatale Boyd via Zoom  PUBLIC COMMENTS None.  INFORMATION, AND DISCUSSIONITEMS  A. County Reports  Sheriff's Report: Sheriff MacDonald reported 46 calls for service last month. Thirteen preventive patrol stops, 13 disturbances, and three suspicious circumstances were investigated. Two vandalisms were reported, as well as, twot thefts. Seventeen enforcement stops also occurred. Twopettyt thefts were reported but the value was less than $950 each. Avila residents called in five loud music complaints. Sheriff MacDonald asked residents to please report non-emergency incidents to 805-781-5850 and Cal Fire: ChiefLee reported 59 calls for service and 32 were medically related. ChiefLee noted that hand crews are continuing to work in areas around Shell Beach, Pismo Beach and Avila to reduce vegetation. The fuel reduction will help better protect our community from fast-moving wildland fire. The. Avila Foundation has granted money for al hose pick up machine. This equipment will drastically reduce the time it takes to recoil thel long hoses used on fires. Over the next month thel Fire Safe Council  press 3" when prompted.  will the evaluating evacuation routes with CAL: FIRE: in our area and statewide.    5.CONSENT ITEMS  Director Janowicz made a motion to approve the Consent Items. It was seconded by Director Berry  and passed with ai roll call vote 5-0.  AYES:  John Janowicz Kristin Berry Howie Kennett Pete Kelley Ara Najarian None None  NOES: ABSENT: 6. NO COMMENTS. 7.  PUBLIC COMMENT ON CLOSED SESSION ITEM  CLOSED SESSION  The Board convened to closed session at 1:20PM to discuss the following items: A. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATEDLITIGATION  Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2). 8. REPORT ON CLOSED SESSION/ANNOUNCEMENT OF ACTION, IF ANY, TAKEN IN  Number of cases: One.  CLOSED SESSION  The Board returned to regular session at 1:42 PM. No reportable action was taken by the Board of] Directors.  9.  DISCUSSION OF PULLED CONSENT ITEMS: None  10. BUSINESS ITEMS:  A. Regional Water Quality Control Board, June 27, 2024, Expedited Payment Letter for the WWTP effluent violations. GM Hagemann summarized the staff report and responded to questions by the Board members. The Board concurred with staff's recommendation and directed staff to continue working with the Water Board to participate in the Expedited Payment Program as the most cost-  effective solution for the District under these circumstances.    B. Consider. Awarding a Contract to CJ Brown and Company for Completion oft thel FY 2024/25 Financial Audit Report.. After some discussion, Director Kennett made ai motion to award a contract to CJ Brown for completion oft thel FY 2024/25 Audit, with the option to secure their services in one- year increments up to a maximum of four years. Director Berry seconded the motion. The motion  passed with ai roll call vote 5-0.  AYES:  Howie Kennett Kristin Berry Ara Najarian John Janowicz Pete Kelley None None  NOES: ABSENT:  ADJOURNMENT: The meeting was adjourned at approximately 2:15 PM.  NEXT MEETING September 10th, 2024, at 1:00PM.  These minutes are not official nor a permanent part of the records until approved by the Board of  Directors at their next meeting. Respectfully submitted, Brad Hagemann, PE General Manager        AVILA BEACH  COMMUNITY SERVICES DISTRICT Post Office Box 309, Avila Beach, CA 93424  MEMORANDUM  TO: FROM: DATE:  Board of] Directors  Brad Hagemann, General Mmgey  Sept 10th, 2024  SUBJECT: Monthly Financial Review for August  Recommendation: Receive and file report. Overall Monthly Summary  During the month of August, the District deposited $111,289.84 and incurred $341,815.88 in expenses (cash basis). The expenses were high this month due to the annual loan payment of $205,816.99 to City National Bank for the Wastewater Treatment Plant Improvement Project. The District also incurred costs for the annual lab testing in the amount of $10,796.00. Water  and sewer revenue for the month of August was $105,775.85.  Detailed financial reports including a Balance Sheets, Profit and Loss, and Checks by Fund are  provided for your information for August.  Utility Service Billing  The District billed approximately $104,846.69 in water and sewer service charges in August. Customer Rate Assistance reduced billing charges to the District in the amount of $854.16 for  the month of August.            11:50 AM 09/04/24 Accrual Basis  Avila Beach Community Services District  Balance Sheet As of August 31, 2024  Aug 31, 24  ASSETS Current Assets Checking/Savings 1000 Cash Summary 1008 Petty Cash 1010 Pacific Premier Checking 1015 - Five Star Bank Checking 1017 . Five Star Bank MM 1050 - LAIF Total 1000 Cash Summary Total Checking/Savings Accounts Receivable 1200 . *Accounts Receivable Total Accounts Receivable Other Current Assets 1250 Receivables 1255 Interest Receivable 1270 - Taxes Receivable 1280 . Water & Sewer Billings 1282 Other 2 El Dorado Billings 1281 Other 1 El Dorado Billings 1280 - Water & Sewer Billings - Other Total 1280 - Water & Sewer Billings Total 1250 - Receivables 1400 - Prepaid Summary 1410 - Prepaid Insurance Total 1400 . Prepaid Summary Total Other Current Assets Total Current Assets Fixed Assets 1670 Vehicles Admin 1671 2023 Ford F150 Cost 1672 2023 Ford F150 Acc Depr 1670 Vehicles : Admin - Other Total 1670 . Vehicles  Admin  65.72 145,822.65 739,236.24 208,681.22 4,153,480.41 5,247,286.24 5,247,286.24 193,128.64 193,128.64 7,280.62 57,104.14 -19,861.05 -4,154.42 138,119.26 114,103.79 178,488.55 5,391.28 5,391.28 183,879.83 5,624,294.71 53,960.62 -10,792.12 286.40 43,454.90  Page 1    11:50 AM 09/04/24 Accrual Basis  Avila Beach Community Services District  Balance Sheet As of August 31, 2024  Aug 31, 24  1600 - Fixed Assets & Acc. Depr. 1605 Office Equipment 1606 Copier Samsung 2012 1609 Office Equipment Accum Depr Total 1605 - Office Equipment 1610 - Fixed Asset -Office & Admin. 1612. Office Furniture cost 1614. - Office Furniture Accum Dep. Total 1610 - Fixed Asset -Office & Admin. 1620 . Fixed Assets - Sanitary 1622 - Land 1626 - Collection Assets 1627 Collection Assets Cost 1628 - Collect Assets Accum Depr Total 1626 Collection Assets 1630 Disposal Equipment 1631 Disposal Equip Cost 1632 - Disposal Equip Accum Depr Total 1630 Disposal Equipment 1634- - Other Equipment 1634a Other Equipment Cost Total 1634 Other Equipment 1635 Treatment Plant 1636 Treatment Plant Original 1637 Treatment Plant Addition 1638 Treatment Plant. Accum Dep Total 1635 Treatment Plant 1642 Treatment Equipment 1643 - Treatment Equip Cost 1644 . Treatment Equip Accum Depr 1642 - Treatment Equipment - Other Total 1642 Treatment Equipment Total 1620 - Fixed Assets - Sanitary  8,233.58 -16,373.00 -8,139.42 4,526.21 -4,526.21 0.00 60,334.10 1,517,267.58 -593,752.02 923,515.56 611,174.66 -376,478.88 234,695.78 6,973.40 6,973.40 105,000.00 2,049,098.30 1,519,694.40 634,403.90 1,087,410.54 787,343.49 205,485.61 505,552.66 2,365,475.40  Page 2    11:50 AM 09/04/24 Accrual Basis  Avila Beach Community Services District  Balance Sheet As of August 31, 2024  Aug 31, 24 21,136.28 -21,136.28  1650 Fixed Assets - Water 1652 Equipment 1653 Equipment Cost 1654 - Equipment Accum Depr Total 1652 - Equipment 1656 - Distribuation Assets 1657. - Distribuation Assets Cost 1658 - Dist Assets Accum Depr Total 1656 - Distribuation Assets Total 1650 - Fixed Assets - Water 1680 Structures - Fixed Asset 1681 Structures GFAAG - Sani & FA 1682 - Gen/F Fire Accum Dep Total 1680 - Structures Fixed Asset 1690 Construction in Progress Total 1600 - Fixed Assets & Acc. Depr.  0.00  1,270,572.25 -755,498.34 515,073.91 515,073.91 164,414.58 -109,252.42 55,162.16 2,220,035.96 5,147,608.01 5,191,062.91 28,724.00 28,724.00 10,844,081.62  Total Fixed Assets Other Assets Total Other Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current Liabilities Credit Cards  1800 - Deferred Outflows of Resources  2140 - Five Star MC Control x0557 2141 - FS MC BH: x8624 2142-F FS MC SP x6340 2143-F FS MC KD: x3018  53,588.17 23,043.61 640.27 -72,298.70 4,973.35 4,973.35  2140 - Five Star MC Control x0557 - Other Total 2140 . Five Star MC Control x0557  Total Credit Cards  Page 3    11:50 AM 09/04/24 Accrual Basis  Avila Beach Community Services District  Balance Sheet As of August 31, 2024  Aug 31, 24  Other Current Liabilities 2200 Payroll Liabilities 2240 Health Insurance 2241 - Employee Total 2240 - Health Insurance 2250 - PERS Liability 2255 , Accrued Interest FB Auditor 2260 . Vacation Payable 2262 - Sick Pay Accrued Total 2200 Payroll Liabilities 2300 Deposits Held 2303 Water Deposits Held Total 2300 - Deposits Held Total Other Current Liabilities Total Current Liabilities Long Term Liabilities 2400 - Net Pension Liability 2450 - U.S. Bank Loan WWTP 2500 - Deferred Inflows of Resources 2999 - Unbalanced Classes Total Long Term Liabilities Total Liabilities Equity 3000 Opening Bal Equity 3900 Retained Earnings Net Income Total Equity  6,720.00 6,720.00 1,711.92 71,347.50 5,441.96 12,335.12 97,556.50 7,640.00 7,640.00 105,196.50 110,169.85 92,927.00 2,402,549.03 86,221.00 3,637,745.91 -1,056,048.88 945,879.03 -17,611.15 11,707,591.71 99,980.09 11,789,960.65 10,844,081.62  TOTAL LIABILITIES & EQUITY  Page 4    11:49 AM 09/04/24 Accrual Basis  Avila Beach Community Services District  Profit & Loss August 2024  Aug 24  Ordinary Income/Expense Income 4000 . Income Summary 4010 Operating Revenue 4012 - Solid Waste Franchise Fee 4600 - Interest Income Total 4000 - Income Summary  105,775.85 5,466.25 797.59 112,039.69 112,039.69 112,039.69  Total Income Gross Profit Expense 5100 . Merchant Credit Card Fees 5110 Amex 5120 Chase Paymentech 5140 Invoice Cloud Total 5100 - Merchant Credit Card Fees 5200 - Payroll Expenses 5210 Gross Wages 5213 Overtime Pay 5211 - Regular Pay 5212 * Holiday Pay 5214. . Sick Pay 5216 - Vacation Pay Total 5210 - Gross Wages 5230 - Payroll Taxes 5240 - Health & Medical Exp. 5242 - Health Ins /Other Total 5240 . Health & Medical Exp. 5250 - PERS Company Pd Expense 5254 - PERS Co Pd Kathy 5255 - PERS Co Pd Shawn 5256 - PERS Co Pd Kristi  10.00 137.28 438.77 586.05  468.00 12,923.01 0.00 891.00 821.70 15,103.71 208.82 6,897.57 6,897.57 553.96 795.52 806.65 409.60 1,746.53  5250 - PERS Company Pd Expense - Ot... Total 5250 - PERS Company Pd Expense  Page 1    11:49 AM 09/04/24 Accrual Basis  Avila Beach Community Services District  Profit & Loss August 2024  Aug 24 117.28 24,073.91 2,925.00 68.00 520.03 609.97 1,130.00 854.16 394.21 249.00 5,620.37 1,964.80 5,600.00 4,480.00 135.49 113.15 543.16 656.31 380.27 2,869.46 10,796.00 590.00 354.50 2,778.00 1,109.60 160.61 7,068.60 224.96 10,886.80 47.25 50,102.65  5280 - Payroll Administration & Misc. Total 5200 Payroll Expenses 6000 - Administrative Overheads 6102 - Accounting 6120 - Dues & Subscriptions 6140 - Office Supplies & Postage 6142 - Postage & Shipping 6143 - Supplies, Office 6150 - Rate Assistance 6167 . Uniforms 6170 - Website  Total 6140 - Office Supplies & Postage  Total 6000 - Administrative Overheads 6500 - Operating Expenses 6503 Chemicals 6506 Contract Labor GM 6507 - Contract Labor Civil Engineer 6518 - Equipment Expense 6520 - Equipment Repair & Maint. 6522 Equip. Rep. & Maint-Avila & HD 6524 . Eqip. Rep. & Maint. Avila Only Total 6520 - Equipment Repair & Maint.  6528 . Gas & Oil 6535 - Insurance P/L 6540 - Lab Tests 6542 - Maintenance 6550 - Operating Supplies 6565 - Regulatory Compliance 6572 - Security 6575 - Small Tools 6580 - Solids Handling 6585 - Telephone/Internet 6590 - Utilities 6591 - Yard Maintenance Total 6500 - Operating Expenses  Page 2    11:49 AM 09/04/24 Accrual Basis  Avila Beach Community Services District  Profit & Loss August 2024  Aug 24 66,992.94 66,992.94 147,375.92 -35,336.23  6800 - Water 6802 - Lopez Total 6800 - Water Total Expense Net Ordinary Income Other Income/Expense Other Expense  8200 Non-Operating Expenses 8230 - Capital Purchases in Prog Sani 8249 - SCADA Project Upgrade 8241 - wW-5 Misc. Projects  220.00 7,938.00 8,158.00 8,158.00 8,158.00 -8,158.00 -43,494.23  Total 8230 Capital Purchases in Prog Sani Total 8200 - Non-Operating Expenses  Total Other Expense Net Other Income Net Income  Page 3    AVILA BEACH  COMMUNITY SERVICES DISTRICT Post Office Box 309, Avila Beach, CA. 93424  MEMORANDUM  TO: FROM: DATE:  Board of Directors  Brad Hagemann, General Managef   September 10, 2024  SUBJECT: General Manager Report  Zone: 3Technical Advisory Committee (TAC)and Advisory Committee  The Zone 3 Technical Advisory Committee did not meet in August. The next TAC meeting is scheduled for September 11, 2024. The agenda packet for the September 11, TAC meeting was not available at the time of agenda prep. As of this writing (September 3, 2024), the Lopez reservoir is at The Zone 3 Advisory Committee last met on July 18, 2024. The agenda packet for the. July 18th meeting is provided as an attachment to this report. The Advisory Committee formally recommended that the Board of Supervisors approve additional District grant funds to Creek Lands Conservation SO that they can move forward with the. Arroyo Grande Creek Stream Gauge Modification Project. Creek Lands has been working on the Project for several years. They have completed the design and have all the permits in hand, but they need an additional $300,000 (total project cost is estimated at $900,000) to complete the Project. More information on the Project can be found on Creek Lands webpage at:  95% of capacity with 47,250. AF in storage.  htps/creeklands.orpropetyaroyo-grande-stream-gauge-modincation  State Water Subcontractors Advisory Committee  At the August 13, 2024, Board meeting, staff reported that County staff were planning to take a State Water transfer contract to the Board of Supervisors for approval at their August 20, 2024, Board meeting. The Board of Supervisors approved the water transfer contract as part of their Consent Agenda. The County Staff Report for the item is provided as an attachment to this report. County staff is now seeking DWR approval for the one-time transfer. As noted in the County Staff Report, the District and the State Water Subcontractors could potentially recover up to $3.7 million for the Regional Water Ouality Control Board (RWOCB) Expedited Payment Letter for WWTP effluent As a follow-up to this item initially reported in the August 13, 2024, Board packet, the RWQCB received no comments on the proposed expedited payment Order. Therefore, the District is subject to a payment amount of $6,000 for the effluent violations. Staff will process the invoice and pay the penalty amount by the September 26, 2024 deadline. The RWQCB's August 27, 2024, letter is provided as an  sale/transfer of up 8,500AFofwater.  violations  attachment to this report.    CONTROL   ZONE 3ADVISORY COMMITTEE  San Luis Obispo County Flood Control and' Water Conservation District  AGENDA  Thursday, July 18, 2024, 10:30 A.M. Oceano Community Services District, 10:30AM 1655 Front Street, Oceano, CA  C CALL TO ORDER AND ROLL CALL II. PUBLIC COMMENT are not on the Agenda III. OFFICER ROTATIONS  This is also an opportunity for members of the public to address the Committee on items that  A. Committee Chair rotating from CSA-12 to Ag Member Representative B. Committee Vice-Chair rotating from Ag Member to Member at Large Representative  IV. MEETING MINUTES V. OPERATIONS REPORT  A. May 16, 2024 Meeting - Attachment 1  A. Water Plant Operations, Reservoir Storage, Downstream Releases - Verbal Update  B. Projected Reservoir Levels - Attachment 2 C.N May and June Monthly Operations Report - Attachment: 3  VI. INFORMATION ITEMS  A. Response to David Swift Report VII. CAPITAL PROJECTS UPDATE A. Bi-Monthly Update - Attachment 6  B. AG-AG Gauge Fish Ladder Project Options - Attachment 4 and Attachment 5  VIII. ACTION ITEMS (No Subsequent Board of Supervisors Action Required) IX. ACTION ITEMS (Board of Supervisors Action is Subsequently Required)  A. AG-AG Gauge Fish Ladder Project  X. FUTURE AGENDA ITEMS XI. COMMITTEE MEMBER COMMENTS  Next Regular Meeting is Scheduled for  September 19, 2024 at 10:30. AM at City of Grover Beach, 154 S. gth Street Agendas accessible online at www.slocounty.ca.govpw/zones    EONTROLAND  SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 3 ADVISORY COMMITTEE MEETING MINUTES THURSDAY May 16, 2024  Attachment 1  Call to Order and Roll Call - The Zone 3 Advisory Committee Meeting was called to order at 10:32. AM at the City of Arroyo Grande by Kristen Barneich. County Public Works Water Utilities Division Manager, Nola Engelskirger, called roll. Quorum was present.  Members in attendance were:  Kristen Barneich City of Arroyo Grande Marcia Guthrie, City of Pismo Beach Shirley Gibson, Oceano Community Services District Karen Bright; Community Services District 12 Vard Ikeda, Agriculture Member  II. Public Comment - This is an opportunity for members of the public to address the Presentation by Steph Wald, Creeklands, on Arroyo Grande Stream Gauge removal, relocation, and fish passage improvement project. There is a funding gap and Creeklands willl be requesting District support through Zone 3 and Zone1/1A to provide funding to  Committee on items that are not on the agenda..  construct the project. The estimated funding gap is $200K.  Public Comment Closed III. Approval of Meeting Minutes  A. March 21, 2024 (Attachment 1 of the Agenda Packet)- )- Member Karen Bright motioned to approve, Second by Member Marcia Guthrie. Roll call  vote., Vard Ikeda abstention; Motion passed.  IV. Operations Report  A. Water Plant Operations, Reservoir Storage, Downstream Releases (Verbal Update) - Plant production is at 4.0 million gallons per day(MGD); State Water is at 0.8 million gallons per day (MGD); downstream release is at 2.2 million gallons per day (MGD), Lopez Lake elevation was 522.66 feet; storage 49,440 acre-feet (AF), which is 100% capacity; rainfall to date is 28.9. i. Kristen Barneich asks, "On the rainfall, is that the water year sO that last July is that what it is?" Nola Engelskirger replies, "It tracks with the Lopez water year which is from April 1st to March 30th." Kristen Barneich states "So the 28.9 inches is from March 30th to last year?" Nola Engelskirger responds, "that is my understanding.  B. Projected Reservoir Levels (Attachment 2 of the Agenda Packet) = Review of the Lopez Reservoir Storage Projection graph. Lopez is still spilling C. March and April Monthly Operations Report (Attachment 3 of the Agenda Packet) - Review of the monthly operations reports with the Committee. No  questions or comments.  Page 1 of3    No public comment was given. Information Items  V.  A. Present 3rd Quarter FY 2023/24 Budget Status (Attachment 4 oft the  Agenda Packet)  . The annual budget was at 56% expended. ii. Routine O&M budget was at 81% expended. iii. Non-Routine O&M budget was at 19% expended. projects just wrapping up for the budget year.  iv. Capital Outlay budget was at 24% expended. Tracking low due to capital  VI. Capital Projects Update  A. Bimonthly Update (Attachment 5 of the Agenda Packet)  Fireflow Tank Replacement  Final Design Plans are in for review  Still looking for funding to offset this project for Zone 3 with possible ARPA  funds.  Page 2 of3    Budget- $800,000 Membrane Module Replacement Budget-5600,000  Two (2) racks have been replaced and are operational.  Spill Way Assessment and Investigation (No Change) Submitting work plan for Alteration Application approval Will schedule work once approved. Remainder of project - minimum of $300,000  Geotechnical Testing & Seismic Alternatives Study of Terminal Reservoir  Dam  DSOD approved testing data. review. Budget-5500,000  We did receive the Geotechnical Engineering report draft and it is under  Cathodic Protection Repair Project Budget -449,933  Construction complete, performing startup and testing  Sludge Bed Curtain Wall Rehabilitation (No Change)  Approving contract for repairs, tentative start date June 1st Member Shirley Gibson asks, "What is a Sludge Bed curtain wall?" Nola Engelskirger responds, "lt's a repair to the sludge bed at the plant, they are built not to leak and there might be a curtainwall needed to prevent DAF building has rust damage in multiple girders and roll up doors. Rafters support safety tether for maintenance of DAF equipment  -$50,000 per initial quote  seepage."  DAF Building Repairs (No Change)  -$95,000.  Public Comment Closed  VII. Action Items (No Subsequent Board of Supervisors Action Required)  A. Declare Surplus Water (Attachment 6, distributed to the Advisory Committee at  the meeting) handed out.  Attachment 6 in the packet was incorrect and a new Attachment 6 was This is a report of stored and surplus water from the last water year. There was stored water from unused entitlements but because we spilled that The contract states that the downstream release does Not count against you during spills, sO there was some surplus water generated which was 1,859 We are asking the Advisory Committee to declare that the amount is 1,859 AF.as Surplus Water. Once it is declared as surplus water iti is available to the contractors for purchase. They can take the surplus water, but it must be used in the water year it was declared and it can be stored.  was immediately lost. Acre Feet.  Page 3 of3    Member Kristen Barneich asks, "When you went over this with the TAC were there any concerns?" Vard Ikeda answered "There were some concerns because we were looking at the incorrect information. Nola Engelskirger explains "We are in the process of tightening up our process and implementing a procedure on how we manage water. Member Marcia Guthrie "So is this graph separate then what was discussed at TAC?" Nola Engelskirger replies "Your staffi is on board with this amount ofe end of year calculations. Member Karen Bright "Can you review how water distribution is charged? Is our surplus water charged against our account first or do we have to use all entitlement first before taking surplus water? Nola Engelskirger responds "There is al benefit of taking surplus water, I believe iti is cheaper than your entitlement. I believe the TAC will work this out and your staff will work out a water use strategy. Member Vard Ikeda "That 1859 (AF) number on the bottom of the graph, where did that come from?" Nola Engelskirger states "Iti is the Max Downstream release number minus the Downstream release no spill." Member Marcia Guthrie asks "Is there anyway to have a graph with a plus or minus sO iti isn't Member Karen Bright motioned to approve, Second by Member Marcia Guthrie.  sO confusing.  Roll call vote.; Motion passed.  VIII. Action Items (Board of Supervisors Action is Subsequently Required)  A. No Items currently.  Public Comment Opened and Closed  IX. Future Agenda Items  Presentation by Steph Wald, Creeklands, on Arroyo Grande Stream Gauge removal, relocation, and fish passage improvement project. We should contact Steph Wald prior tot the meeting to discuss what her exact request will be of the Zone 3 Advisory Any Current Dam Seismic Remediation Projects occurring throughout the State? Verify that Cloudseeding and all costs associated with cloudseeding are on hold. Vard Ikeda "In regard to downstream releases, people call me and ask why we are releasing water. Ispoke with David Spiegel, and he stated that the dam is spilling so if we didn't release the water the dam would just spill more. Due to the environmental Vard Ikeda asks "In regard to the Geotechnical testing & Seismic study, whati is the worst-case scenario?" Nola Engelskirger states They tell us there is a seismic risk and we must make the repairs to address the safety factors that DSOD is requiring. Vard Ikeda "Cloud seeding, are we still paying?" Nola Engelskirger, Ibelieve iti is on hold, but the contract can be renewed. We will investigate it and let the Advisory Meeting Adjourned at 11:07AM by Kristen Barneich; next regular meeting is scheduled for  Committee, ori ifi itj just an informative presentation.  X. Committee Member Comments"  agreement we need to keep water streaming int the creek.  Committee know at the next meeting.  July 18, 2024 at City of Oceano Council Chambers  Respectfully Submitted, Darla Budge  County of San Luis Obispo Public Works Department  Page 4 of3    SZOZ/T/ZT SZOZ/T/IL SZoz/T/OT SZOZ/T/6 Szoz/T/8 SZOZ/T/L Szoz/T/9 SzoZ/T/S szoz/T/t SZOZ/T/E Szoz/T/z SZOZ/T/T VzOZ/T/ZI VZoZ/T/IT tzoz/t/ot VzOZ/T/6 VZOZ/T/8 tzoZ/T/L vzoz/T/9 vzoz/T/s vZoz/T/t vzoz/T/E vzoz/T/z Uzoz/T/T EzoZ/T/zT EZOZ/T/IT EZOZ/T/OT EZOZ/T/6 EZOZ/T/8 EZOZ/T/L EZOZ/T/9 EZOZ/L/S EZOZ/T/t EZOZ/T/E EZOZ/T/Z EZOZ/T/T 2ZOZ/L/ZT 2ZOZ/T/IT zzoz/T/OT 2ZOZ/T/6 zzoz/T/8 ZZoZ/T/L zzoz/T/9    (Jv) a8eJo4s    EAEA  343388  S5555 agg 5665554 a89g98 EEE  3355556 19998849 5565656 8888858 5555555 8888848 ESEEERES fatootos  455  88985 8988388  455 FESESE 558292 8889888  3835445  888  8    S5E  5583535 9ggg8 565545 Sa8s8 464454  858  3838358 a989848 156555 8888858 4544455  EAE6  8895 98g88  335355 sotoatege setstatetse 9385555  e    Attachment 4  TO: FROM: DATE:  Zone: 3 Advisory Committee David Spiegel, Supervising Engineer  July 18, 2024  SUBJECT: Legal Considerations and Options for District Funding Contribution  Gift Clause section 6).  The California Constitution prohibits gifts of public funds to private entities (Cal. Const. Art. 16,  The clause allows contributions if a public benefit is demonstrated. Page V. MiraCosta The project would not violate the gift clausel because it provides environmental benefits to  Community College Dist. (2009) 180 Cal.App.4th 471,495. thel District and potentially reduces its legal liability.  Public Bidding Statutes  Projects over $60,000 are generally required to publicly bid (Cal. Pub. Cont. Code. 22032).  Acommon law exception permits non-competitive biddingi ifi it is impractical or noti int the publici interest. Graydon V. Pasadena Redevelopment. Agency( (1980) 104 Cal.App.3d 631; SG Blocks, Inc. V. Hola Cmty. Partners (C.D. Cal. 2021) 521 F.Supp. 3d 881, 900. The BOS could find Creeklands has special expertise int this area, public bidding would not result in al lower pricel because Creeklands is contributing a majority of the funding fort the project and public bidding could delay the project thus increasing the District's, potential This doctrine is outdated, and the District may face complaints and administrative hearings  liability. ift this path is chosen. Bonding Requirements  Contracts over $5,0001 require performance and payment bonds (Public Contract Code section  21101).  The District must ensure Creeklands' contractor secures these bonds.  PrevailingWages  Projects over $1,000 paid with public funds must pay prevailing wages (Cal. Labor Code 1771). The MOU must state that prevailing wages applyt to Creeklands' work to avoid potential  liability.    MOU  The current MOU states no publicf funds will be contributed.  Amend the MOU1 to reflect the contribution, include bonding and prevailing wage  provisions, and revise indemnification toi favor the District.  Based on thet foregoing, the District has at few options at this point ifi it wants to contribute funding  to the project.  Option 1: District Bids the Project  Action: Amend the MOUt to have the District accept funding and bid1 the project. Advantage: Reduced legal riskl byf following standard procedures and having project  control.  Disadvantage: Increased cost and potential project delays. Option 2: District Grants Additional Funding to Creeklands  Action: Amend the MOU1 to include:  Removal of District'si indemnification of Creeklands.  Payment and performance bonding grequirements for Creeklands' contractor. BOS Findings Required: Competitive bidding is impractical and undesirable duet to: Creeklands' expertise and relationship with permitting agencies.  Prevailingwage requirements.  Majority project funding by Creeklands. Liability risks from project delays. Advantage: Faster project delivery.  Disadvantage: Higher legal risk and less project control.  Option 3: Individual Zone 31 Members Contribute  Action: Zone 31 members provide grant funding individually. Advantage: Reduced legal liability for the District. agreements, and impose conditions.  Disadvantage: Requires each contractor to secure legislative body approval, create grant    Attachment 5  7/5/24  To: Dave Spiegel, Engineer IV County of San Luis Obispo Public' Works From: Steph Wald, Watershed Projects Manager, Creek Lands Conservation  Re: Status and Needs to Implement the Arroyo Grande Creek Stream Gauge Modification Project Thank you for your consideration oft financial assistance to complete the Arroyo Grande Creek Stream Gauge Modification project. Creek Lands Conservation (CLC) is your local science-based creek conservation nonprofit organization, and we are planning to implement the project this fall. The original stream gauge infrastructure spans the creek and is a fish passage barrier to Steelhead trout/Rainbow trout, at threatened species in our region. The project was once part oft the Habitat Conservation Plan. The County released the project to us. An MOU with the County identifies roles and  responsibilities regarding completion oft the project.  STATUS  The above referenced project contains the following shovel ready components:  Environmental clearances and permits in hand  100% design complete Bidding in process  Raised public funds exceeding engineer's cost estimate but falls short of construction bid Budget includes low flow (<100 cfs) post-construction rating curve development requested by  the County for the station  NEEDS  Funding gap on construction bid Raised: $605,000 Current bid: $901,000  High bid due to need for large crane, inherent project uncertainty and complexity, and estimation of high summertime flows creating challenges for dewatering process needed for  construction MUTUAL SUPPORT BENEFITS  With this and Cecchetti Road Crossing complete (design in process), fish passage downstream of Upgrade at the gauge station supports local water users and concomitant economic support State and federal agencies have been very supportive during the funding and permitting phases Zone 31 financial support of this project may send a strong message to the National Marine Fisheries Service regarding the HCP in process and to litigation groups that the County is on  Lopez Dam will have been addressed  downstream  board with meeting federal Endangered Species Act requirements      Attachment 6  ZONE 3Lopez Project  San Luis Obispo County Flood Control and' Water Conservation District  TO: FROM: DATE:  Zone 3 Advisory Committee David Spiegel, PE, Utilities Engineer  July 18, 2024  SUBJECT: Zone 3 Projects Update  Project Updates:  Fireflow Tank Replacement (No Change) Final Design Plans are ini for review -$500k in Zone 3 Funds Budget -$1,400,000  Request TAC to consider funding project nowi if ARPA funds are available  Membrane Module Replacement (No Change)  2racks more racks have been replaced and are operational  Budget -$600,000 Spillway Assessment and Investigation Work Plan is approved  Piezometer Installation Scheduled for August Remainder of project - minimum of $300,000  Geotechnical Testing & Seismic Alternatives Study of Terminal Reservoir Dam  Submitting to DSOD for Review Geotechnical Engineering Report Complete Budget -$500,000 Cathodic Protection Repair Project Construction complete System working well Budget -$449,933 DAF Building Repairs (No Change)  Testing showed al break in continuity in one location  DAF building has rust damage in multiple girders and roll up doors Rafters support safety tether for maintenance of DAF equipment  -$95,000    CONTROL   ZONE 3Lopez Project  San Luis Obispo County Flood Control and' Water Conservation District  Completed Projects  Sludge Bed Curtain Wall Rehab Chemical Tank Replacement Spillway Flipbucket Repair (FEMA) Bathymetric Study CO2 Injection System    COUNTY OF SAN LUIS OBISPO BOARD OF SUPERVISORS AGENDA ITEM TRANSMITTAL  ()DEPARTMENT Public Works (4)S SUBJECT  (2) MEETING DATE 8/20/2024  (3) CONTACT/PHONE Wes Thomson, Supervising Engineer (805) 788-2101  Submittal of a resolution 1) approving and authorizing the Director of Public Works to execute a letter agreement with the Westside Districts for the temporary transfer of 2024 State Water Project (SWP) water supplies; 2) authorizing the Director of Public Works to execute a corresponding agreement(s) with the California Department ofWater Resources (DWR); and 3) finding thet transfer exempti from the California Itisr recommended that the Board, acting as the Board of Supervisors for the San Luis Obispo County Flood 1. Approving and authorizing the Director of Public Works to execute a letter agreement with the Westside Districts for the temporary transfer of 2024 State Water Project (SWP) water supplies; 2. Authorizing the Director of Public' Works to execute a corresponding agreementts,witht the California Department of Water Resources, subject to approval as to form and effect by County Counsel; and 3. Finding the transferexempt from CEQA pursuant to CEQA Guidelines Section 15301.  Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301. Control and Water Conservation District (District), adopt a resolution:  (5)F RECOMMENDED ACTION  (6)F FUNDING: SOURCE(S)  (7)C CURRENT YEAR FINANCIAL (8)ANNUAL FINANCIAL  (9) BUDGETED? N/A  N/A  IMPACT N/A  IMPACT N/A  (10) AGENDA PLACEMENT (X) Consent Presentation (11) EXECUTED DOCUMENTS  i Hearing (Time Est.  Board Business (Time Est.  (x) Resolutions ( Contracts i Ordinances (y N/A (12) OUTLINE AGREEMENT REQUISITION NUMBER (OAR)  (13) BUDGET ADJUSTMENT REQUIRED? BAR ID Number: N/A f 4/5th's Vote Required (X) N/A (16). AGENDA ITEM HISTORY (X) N/A Date  N/A (14) LOCATION MAP Attached Zachary A. Lute  (15) BUSINESS IMPACT STATEMENT?  No  (17) ADMINISTRATIVE OFFICE REVIEW (18) SUPERVISOR DISTRICT(S) Reference: 24.098  Page 1of6    SAN 1850  COUNTY OF SAN LUIS OBISPO  Ourselves TO: FROM:  Board of Supervisors Public Works  Wes Thomson, Supervising Engineer Kate Ballantyne, Deputy Director  VIA: DATE:  8/20/2024  SUBJECT: Submittal of a resolution 1) approving and authorizing the Director of Public Works to  execute a letter agreement with the Westside Districts for the temporary transfer of 2024 State Water Project (SWP) water supplies; 2) authorizing the Director of Public Works to execute a corresponding agreement(s) with the California Department ofWater Resources (DWR); and 3) finding the transfer exempt from the California Environmental Quality Act  (CEQA) pursuant to CEQA Guidelines Section 15301.  RECOMMENDATION  Itisr recommended that the Board, acting as the Board of Supervisors for the San Luis Obispo County Flood  Control and' Water Conservation District (District), adopt a resolution:  1. Approving and authorizing the Director of Public Works to execute a letter agreement with the Westside Districts' for the temporary transfer of 2024 State Water Project (SWP) water supplies; 2. Authorizing the Director of Public Works to execute a corresponding agreement(s) with the California Department of Water Resources, subject to approval as to form and effect by County  Counsel; and  3. Finding the transferexempt: from CEQA pursuant to CEQA Guidelines Section 15301.  1The Westside Districts are a collaboration between five water agencies in the San) Joaquin Valley - in southern Kings County and in western Kern County: Dudley Ridge Water District (SWP Contractor), plus four "member units" of another SWP Contractor, thel Kern CountyWater. Agency(KCWA), consisting of Belridge' Water Storage District, Berrenda Mesal Water District, Lost Hills Water  District, and Wheeler Ridge-Maricopa Water Storage District.  Page2of6    DISCUSSION  District staff is requesting the Board's approval of an agreement with the Westside Districts (Westside Districts Agreement) (Exhibit. At to the Resolution) for at temporarytransfer in calendar year 2024 of up to 13,500 acre-feet (AF) of the District's surplus SWP2 water - a combination of "Table A" water (8,500 AF) and "Article 56(c)" water (5,000 AF, from storage in San Luis Reservoir (SLR)) -1 to recover costs, minimize the amount ofwater that would be lost due to storage limits at the end of 2024 or to spill in 2025,  and maintain a more optimal level of supply in: storage for County water resiliency.  Background  Since November 2022, the District Board policy directive to staff has been to maximize the SWP water After a historic water year in 2023, the District has a surplus of SWP water in storage. The 2024 allocation far exceeds local demand from the SWP Subcontractors* (Attachment 1), and a combination of other conditions puts the District's SWP supply at risk of being lost if the District doesn't take action now. The most reasonable and timely option to mitigate this risk is to utilize the new "water management tools" - supply management provisions under the SWP's 2021 Water Management Amendment"- to find another SWP contractor who would take delivery of a portion of the District's available water under a temporary The amount of SWP water the District can store in SLR is limited, and that water is subject to loss (artificial "spill" events5) when the reservoir fills with current year/higher priority water. Since 2007, the District has lost 94,191 AF of SWP water due to the inherent limitations of using SLR for storage (see Table 1). Staff projections estimate that the District willl have about 18,500. AF of stored water in SLR going into 2025 (five to six years of supply). Based on DWR projections, SWP storage at SLR is likely to be full by the end of 2024, and that significantly elevates the possibility of the District's stored water spilling during the wet season in early 2025.Ifthe: stored water spills in 2025 under the current projections, the loss to the District would be approximately $3.3 million (assuming $180/AF, based on current District SWP costs).  supply contract to increase water resiliency for the County.  water transfer in 2024.  25 Since 1963, thel Districthas hada a long-term: SWP water supply contractwith! DWRf foranannualmaximum "Table A" 'water amount 3 District SWP Subcontractors include CSA 16 (Shandon), City of Morro Bay, California Men's Colony, County of San Luis Obispo, Cuesta College, City of Pismo Beach, Oceano CSD, San! Miguelito Mutual Water Co., Avila Beach CSD, Avila Valley Mutual Water Co., 4 The 2021 Water Management Amendment introduced new provisions for the District and other SWP Contractors that enable greater cost recovery through water transfers at market rates, enhanced flexibilityt to negotiate arrangements that help maximize 5Spill events result in losses of the stored water, but the water is only lost by the contractor to the SWP system - there is not an actual physical spill of water from the reservoir. This event results in excess water in the system known as "Article 21" water, andi iti is conditionally available to the contactors at a steep discount fori immediate delivery to those with capacity to take it.  of upt to 25,000 acre-feet (AF). San! Luis Coastal Unified School District.  the' "Table A" contract benefit and minimize losses - including the use of SLR as a transfer site.  Page 3of6    Table 1. State Water Lost to. Spill/Storage Limits at San Luis Reservoir  Annual Allocation % 60 50 80 65 60 85 35 85 100  Stored Water Lost to Spill (AF) 12,500 NoSpill 6,009 NoSpill No Spill 15,267 No Spill 18,639 8,064 60,479  Water Lost Due to Storage Limits (AF) None 2,201 4,160 3,139 2,051 6,487 1,734 3,719 10,221 33,712  Total Water Lost to Spill or Storage Limits (AF) 12,500 2,201 10,169 3,139 2,051 21,754 1,734 22,358 18,285 94,191  Year 2007 2010 2011 2012 2016 2017 2018 2019 2023 TOTAL  District: staff sought transfer opportunities within the SWP network in coordination with the Subcontractor Water Management Working Group, a subcommittee of technical agency staff representatives from the local SWP Subcontractors. The terms ofthe Westside Districts offer are optimal for San Luis Obispo County. Given the existing SWP conveyance constraints, 2024 hydrology, and SWP allocation at 40%, the pricing was determined to be fair and reasonable relative to the current District costs, historic transfer pricing, and  other recently published market data on south of Delta transfers.  Table A Water Transfer Component  IfWestside Districts (Attachment 2) takes delivery of the full 8,500 AF of Table A water made available to them, the District willl have atl least 10,000 AF ofwater remaining in storage at SLR att the end of 2024 (based  on current conditions), which is about two to three years of supply for the District.  Article 56(c) Water Transfer Component  With District Board approval of the Westside Districts Agreement, the Public Works Director would be delegated authority to exercise the option to make up to 5,000AE of additional water available later in 2024, subject to the District's determination that there is still a high risk of losing stored water at SLR to a spill event in 2025. This option allows the District to reduce the risk of additional losses and maintain at least 5,000-6,000. AF in storage at SLR for emergency use (about 18-24 months of supply).  Westside-SLO Transfer and Supporting Agreements  District staff developed the terms in partnership with Westside Districts staff, as shown in the proposed  Westside Districts Agreement.  Page 4of6    Ift the District approves the proposed transfers via resolution (Attachment 5), the next step is to secure DWR's approval oft the transfer via letter agreement (DWR grement,Atacmment 4), which is a standard For DWR to approve, it must (1) review the proposed transfer for compliance with CEQA, (2) confirm SWP delivery capability to complete the transfer, (3) review that it is consistent with each long-term SWP water supply contract (Water Supply Contract) it has with the District, DRWD, and KCWA, and (4) determine that the transfer will not adversely impact SWP operations, facilities or other SWP Contractors*. As such, today's request is also for your Board to authorize the Director of Public Works to execute the DWR Agreement that permits the District to transfer the SWP water pursuant to the Westside Districts  requirement for all SWP transfers.  Agreement.  CEQA Determination  The Environmental Division Manager has reviewed the project and determined that it is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15301 (existing facilities) (Exhibit B to the  Resolution).  OTHER AGENCY NVOLVEMENTAMPACT  The proposed temporary water transfer was reviewed with the District's State Water Subcontractors Advisory Committee and the Water Resources Advisory Committee (WRAC). Both were: supportive, andi the WRAC voted to endorse the District's policy directive to maximize the benefits oft the SWP contract. The attached resolution and Westside Districts Agreement have been reviewed by County Counsel and  approved as to form and effect. FINANCIAL CONSIDERATIONS  The proposed temporary transfer provides the District an opportunity for significant cost recovery and would have no impact on the District's ability to make all payments, including payments due under the Under the Westside Districts Agreement, upto 8,500 AE (at $450/AF) oft the District's surplus 2024 Table. A" water would be made available to the Westside Districts, and the District would potentially recover up to  District's Water Supply Contract with DWR.  $3.7 million, credited to:  (1) the District's State Water Tax Fund (estimated credit = up to $2.6-3.1 million), and  (2) the District's SWP Subcontractors (estimated credit = up to $0.6-1.1 million), based on their unused  share of 2024 Table. A water under the 2024 allocation.  6The proposed temporary transfer is consistent with District policy on the use of the excess allocation (Attachment: 3). 7A Ani initial DWR. Agreement is required for the Table A water transfer component. If the option is exercised, an additional DWR 8The District is one of 29 public water agencies (includes DRWD and KCWA) that have a Water Supply Contract with DWR; these  Agreement would be required for the Article 56(c) water transfer component. agencies are collectively referred to ast the SWP Contractors.  Page 50 of6    The option to make upto 5,000 AF of additional stored water available could result in up to $1.75 million Revenue generated from the transfer would actually reduce costs borne by the Countywide taxpayers by providing increased revenue for the District that could be used to help offset other DWR cost obligations  inadditional cost recovery for the District.  (e.g., Delta Conveyance Project planning/design ncosts).  RESULTS  Approval oft the temporarywater transfer will meety your Board's priority to maximize the SWP water supply contract, putting to beneficial use all the water available and recovering the costs of maintaining the allocation to the fullest extent possible this year, thereby contributing to a well-governed community.  ATTACHMENTS 1 2 3 4 5  Map of State Water in San Luis Obispo County Location of Westside Districts 2003 Policies on Use oft the Excess Allocation Sample Department of Water Resources Letter Agreement  Resolution Approving and Authorizing the Director of Public Works to Execute a Letter Agreement with the Westside Districts and a Corresponding Agreement with the Department of Water Resources and Finding the  Project Exempt from CEQA  File: CF950.140.01 Reference: 24.098  LNUtiltiesi20244AUgUsTIBO5SWP Water Transfer124.098 brdl Itr.docx  Page 6of6    vag  8  90000000006    GAVIN NEWBOM GOVEHNOR YANA GARCIA SELAETARY ENVIRONMENTAL FOR PROTECTION  Water Boards  Central Coast Regional Water Quality Control Board  August 27, 2024 Bradley Hagemann General Manager Avila Beach Community Services District 2850 Avila Beach Drive Avila Beach, CA 93424  Via Electronic Mail and Certified Mail 7020 1810 0002 07687 7478  Email: agemann.assoclates@gmal.com  Dear Bradley Hagemann:  ENFORCEMENT PROGRAM: EXPEDITED PAYMENT LETTER (EPL) R3-2024-0048, ACCEPTANCE OF CONDITIONAL OFFER AND WAIVER OF HEARING EXECUTED AS ADMINISTRATIVE CIVIL LIABILITY ORDER FOR AVILA BEACH COMMUNITY SERVICES DISTRICT EFFLUENT VIOLATIONS OF WDR ORDER R3-2017-0025, WASTEWATER TREATMENT FACILITY, SAN LUIS OBISPO COUNTY, NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT CA0047830, WDID3 Enclosed is Acceptance of Conditional Offer and Waiver of Right to Hearing; Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order R3-2024-0048 (Order), countersigned by the California Regional Water Quality Control Board, Central Coast Region (Central Coast Water Board) Executive Officer. The Order resolves mandatory minimum penalties for violations of effluent limitations contained in Waste Discharge Requirements Order R3-2017-0025, National Pollutant Discharge Elimination System Permit CA0047830, that occurred from April 30, 2023, to October 7, 2023, as shown in the attached Exhibit A, notice of violation. Central Coast Water Board staff publicly noticed the Order from July 18, 2024, to August 22, 2024, and received no As provided in the Order, the Avila Beach Community Services District (District) is subject to a total expedited payment amount of $6,000. No later than September 26, 2024, the District must submit payment to the State Water Resources Control Board (SWRCB) State Water Pollution Cleanup and Abatement Account by taking the  400101001  comments.  following actions:'  Please note that this due date supercedes any other due date that may be shown on invoices.  JANE GRAY, CHAIR I RYAN E. LODGE, EXECUTIVE OFFICER  895 Aerovista Place, Suite 101, San Luis Obispo, CA 93401 I wwwwaterboards.ca.govcentralcoast    Bradley Hagemann  -2-  August 27, 2024  1. Pay $6,000 by check payable to "SWRCB Cleanup and Abatement Account", noting "ACL Order R3-2024-0048 on the check, and mailed to:  a. Attn: ACL Payment SWRCB Accounting Office P.O. Box 1888 Sacramento, CA 95812-1888  2. Submit a copy of the above payment by email to Todd Stanley at odd.stanley@waterpoards.Ca.9ov or mailed to: a. Central Coast Regional Water Quality Control Board Enforcement Unit, Attention: Todd Stanley 895 Aerovista Place, Suite 101 San Luis Obispo, CA 93401-7906  The SWRCB Division of Administrative Services Fee Branch [(916) 341-5247 or FeeBranch@waterboards.ca.gov, typically mails invoices within five business days after orders are issued, but delays are possible. If the District does not receive an invoice within 10 business days after the date of this transmittal letter, Central Coast Water Board staff advises the District to proceed with making the payment to avoid being late. Similarly, the District may simply elect to make its payment before receiving an invoice. In either case, it is critical that the District's check refers to the Order number as instructed in Item #1 above. Ift the District elects to pay before receiving the invoice, Central Coast Water Board staff advises the District to contact the Fee Branch to The District also has the option to make the payment to the State Water Pollution Cleanup and Abatement Account by online electronic fund transfer (without surcharge) or credit card (with small surcharge) but must first wait to receive the above invoice because the invoice number is needed for the transaction. After receiving the invoice, the District may then go to the Fee Branch's "Make a Payment" website2 for guidance Payment will conclude the Central Coast Water Board's enforcement action for violations identified in Expedited Payment Letter R3-2024-0048, dated June 27, 2024,  confirm that the payment is posted correctly.  on the available payment options.  and in Enclosure 2 of this letter.  2Fee Branch payment website: tps/www.waterboardis.ca.gowmake_a_payment    Bradley Hagemann  -3-  August 27, 2024  Ify you have any questions, please contact Sarah Crable thea.tryon@waterboards.ca.govor (805)542-4776.  aran.crabple@waterpoards.ca.gov ora at (805)549-3706, or Thea Tryon at  Sincerely, Ryan E Digitallysigned Lodge 11:03:54-0700 Ryan E. Lodge Executive Officer Enclosures:  byByanE Lodge Date: 2024.08.27 Boards  1. Acceptance of Conditional Offer and Waiver of Right to Hearing; Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order R3-  2024-0048  2. Exhibit A- Notice ofViolation  CC via email: Central Coast Water Board: Thea Tryon Tamara Anderson Harvey Packard Arwen Wyatt-Mair Sarah Crable Jesse Woodard Todd Stanley  File Location: RiRB3SharedlEnforcentocementACISWMP ACLO from EPL Offers2024-0048 Avila  ACLOIAvila Beach' WWTP MMP ACLO 24-0048 Pkg.docx  ECM Primary Indexing # 206888    AVILA BEACH  COMMUNITY SERVICES DISTRICT  ESTABLISHED FHB.1997  SUBJECT: August 2024 Operations and Maintenance Report  Compliance to this report.  There were: no compliance issues for the month of August.  The monthly Self-Monitoring Report and associated data tables and graphs for August arej provided as an attachment  Wastewater Treatment Plant  The wastewater plant experienced typical heavy summer flows during the month of August. Staff continues to With contractor assistance, staff completed the annual inspection oft thei influent wet well pumps. Pump 2's visual inspection showed significant wear on the watertight seal and we: are: scheduling aj pumpi rebuild. Staffplans toj pull that pumpi in September in conjunction with other projects and sendi iti in fora arebuild. Thec onsitel backupi pump will Thej plant'sh hydrogen sulfide air scrubber (a canister activated carbon filter) was approaching media breakthrough based on our routine weekly tests. Staff was able to source ai new scrubber and have it installed within the time  improve internal side stream treatment processes at the plant.  bej put in service at that time.  allotted by our operations permit with the County Air Pollution Control District.  Wastewater Collection System Cleaning  Fluid Resource! Management and) NVIRO were onsite cleaning thes sewer collection system hotspots" and thel First StI Lift Station, respectively. "Hotspots" are areas in the collection system that tend to accumulate fats, oils and grease (FOG) and sediment that may lead tot thei increased possibility ofa sewer overflow. Our goal is to clean the entire collection system annually and clean thel hotspots 2 or3t timesay year. During the cleaning ofthel First StLift Mainline Utility Company was onsite in August to perform approximately 2,500 feet of CCTV inspections in the gravity seweri mains. Staffnoted: several issues ont the Sanl Miguel Street sewerl linet that will need tol be addressedi in ai future capital improvement program project. The Board may recall that in early 2022 the District completed a project toi re-route thel First Street forcei main out ofthe San Miguel St gravity linei in order toi reduce the flow in the gravity main and minimize the potential for any sewer spills. Mainline Company is scheduled to come back in September to continue CCTV inspection oft the collection system and identify areas of maintenance concern. Staff continues to: monitor the chloramine residual in the water tank to minimize nitrification.  Station, both pumps were pulled and inspected.  Water System  Staff worked with the contractor on the 51 San Luis Stj project to advise on the utility locations, as well as, fire line tiei ini requirements. During the tiei in for the fire line, al hole was discovered in the 6" ductile iron service. That line The EPA has required that a Lead Service Line Inventory be completed and turned in by October 16. Staff has  was removed and replaced with 24 linear feet of6" C900PVC.  begun working on this project and expects to be finished with it by October 1.    DISCHARGER SELF-MONITORING ORDERE R3-2017-0025 NPDES CA0047830 WDID3400101001 Month: AUGUST: 2024  California Regional Water Quality Control Board, Central Coast Region Monthly report due last day of following month Annual report due. January 30 Daily Flow (MGD)  Avila Beach CSD Wastewater Treatment Facility  Effluent and Influent Monitoring Weekly Weekly Weekly Weekly Monthly Effluent Effluent Influent Influent Effluent TSS (24HC) (24HC) (24HC) (24HC) (Grab) <5.0 <5.0 <5.0 <5.0 <5.0 <5.0 <5.0 Effluent Monitoring Weekly Weekly Weekly Weekly (Grab) 4.2 3.3 1.1 0.65 0.65 2.31 4.2  Effluent Monitoring Biweekly Biweekly Dally <1.8 <1.8 0.00  Date 8/1/24 8/8/24 8/15/24 8/22/24 8/29/24 Min Mean Max  Date Total 1 0.061998 111 2 0.070279 124 3 0.076080 125 4 0.079585 119 5 0.069592 101 6 0.072003 99 7 0.067614 88 8 0.069705 92 9 0.074433 98 10 0.086927 109 11 0.076426 98 12 0.063294 79 13 0.059209 85 14 0.059898 80 15 0.061204 60 16 0.069578 94 17 0.069670 98 18 0.070883 98 19 0.054733 63 20 0.050929 59 21 0.044883 61 22 0.048410 59 23 0.052956 77 24 0.069521 89 25 0.064371 89 26 0,054691 60 27 0.046542 60 28 0.042544 58 29 0.047885 60 30 0.059472 63 31 0.072986 96 Min 0.042544 58 Mean 0.063494 86 Max 0.086927 125 60.0 350 Total 1.968301 Effluent daily (dry weather)f flow NTE0.2MGD (mean). Icertify under penalty ofp perjury that thet foregoing is true anda accurate and that the sampling procedure and analysis useda are as specified int the Waste  Max Avg Total Fecal Chlorine (gpm) (gpm) Coliform Coliform Residual  BOD 5.8 6.7 4.9 <4.0 <4.0 4.4 6.7 BOD Removal: 98.6% Date Set. Solids Turbidity (Grab) <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 Influent Brine Received Volume (Gallons) NIA  BOD 410 260 240 360 240 317.5 410 pH (Grab)* 7.31 7.50 7.32 7.46 7.31 7.31 7.38 7.50  TSS Oilg Grease 290 240 200 140 140 217.5 290 TSS Removal: 100.0% Temp PF (Grab) 75.5 75.4 75.2 77.9 75.2 76.0 77.9 Sludge Removal Date Gallons NIA NIA  43 49 0.00 53 0.00 55 0.00 48 350 17 0.00 50 0.00 47 0.00 48 52 0.00 60 0.00 53 0.00 44 13 2.0 0.00 41 0.80 42 1.00 43 48 0.00 48 0.00 49 0.00 38 35 0.00 31 0.40 34 37 0.00 48 0.00 45 0.00 38 32 0.00 30 0.00 33 0.00 41 0.00 51 0.00 17 1.00  <5.0 <5.0 <5.0 <5.0  <1.8 <1.8 0.00  8/1/24 8/8/24 8/15/24 8/22/24 8/29/24 Min Mean Max Date NIA  <1.8 <1.8 0.00  <1.8 <1.8 0.00 <1.8 <1.8 0.00  "Effluent pHs samples were collected on8 8/1,8/8, 8/16, 8/22, and 8/30.  <1.8 <1.8 0.00  Effluent Limits mg/L mg/L mg/L NTU MPN/ 100 mL mg/L pH units mL/L %  Parameter BOD Suspended Solids Oila and Grease Turbidity Total Coliform Chlorine Residual pH Settleable: Solids BODITSS Removal  Units Monthly Avg Weekly Avg Daily Max  40 40 25 75  60 60 40 100 7Sample Median: 23 Moret than once in3 30 days:2 240 Daily Maxiumum: 2,400 6Month Median: 0.3 Between 6.0-9.0 1.0 1.5 275%  90 90 75 225  30.0 <1.8 <1.8 0.00 44.1 45.4 2.4 0.07  1.2 3.0 *  Discharge Orderf fort this facility.  SIGNATURE: PRINTED NAME:  DATE: TITLE:    DISCHARGER SELF-MONITORING ORDER R3-2017-0025 NPDES CA0047830 WDID3 3 400101001 Month: AUGUST: 2024  California Regional Water Quality Control Board, Central Coast Region Monthly report due last day of following month Annual report due. January 30  Avila Beach CSD Wastewater Treatment  Facility  Process Sampling MBR Influent (24HC) 8/15/2024 180 63  MBR Aeration (grab) 8/15/2024 3,600 8,700  Parameter (mg/L) Date BOD (mg/L) Total Suspended Solids (mg/L)  The process sampling results attached were required by ther manufacturer fort the first year ofo operation oft the WWTP. Avila Beach CSD staff have elected toc continue monthly process sampling beyondt this requirement to monitor plant performance. The constluentfrequency, may change att the discretion ofA Avila Beach CSD.    à L- 1 N W 0 -  a  W N D S 0 2  AVQ834SNOTIVO      E M  S o 0 A  -  HLNOW d3d SNOTTVS    o  2  5  3 5  SNOT7VS    O 3 a 1  a  7/bw    e ? 9 5 d0 R &  0 s  7/bw    6  2 E a o  #  SNOTTVS      SNOT7VS    TO: FROM: VIA: DATE: ITEM  BOARD OF DIRECTORS CAMERON GOODMAN, GENERAL COUNSEL BRAD HAGEMANN, 7 DISTRICT GENERAL MANAGER September 10, 2024  STAFF REPORT  Revised Conflict ofInterest Code BACKGROUND  Under the California Political Reform Act of 1974, all public agencies are required to adopt a Conflict-of-Interest Code. The Conflict of Interest Code designates positions required to file Statements of Economic Interests (Form 700), and assigns disclosure categories specifying the types of interests to be reported. The Form 700 is a public document intended to alert public officials and members ofthe public to the types of financial interests that may create conflicts of Pursuant to Government Code Section 87306.5 each local agency which has adopted a Conflict of Interest Codei is required to review such code beginning July 10 ofeach even numbered year. Upon review oft the Code, ifa change is necessitated, the local agency must submit an amended Conflict of Interest Code in accordance with subdivision (a) of Section 87302 and Section 87303 to the codereviewing body. Forj purposes oft these sections the agency adopting bodyi is thel District. Board ofDirectors. Thei reviewing body is the San Luis Obispo County Board of Supervisors. Beginning in August ofthis year administrative staffhas been working with thel legal counsel who has reviewed our current Conflict of Interest Code and the positions listed therein. After review and discussion with the General Manager, legal counsel has provided the attached amended Conflict of Interest Code for your adoption. Once adopted per resolution 2024-10, the amended code will be sent to the County Board of Supervisors for review and retention by the Clerk oft the  interests.  Board.  RECOMMENDATION  Adopt Resolution No. 2024-10: a resolution of the Board of Directors of the Avila Beach Community Services District adopting an amended Conflict of Interest Code pursuant to the  Political Reform Act of1974. ATTACHMENTS  Resolution No. 2024-10 with attached Conflict ofI Interest Code and Appendices    AVILA BEACH COMMUNITY SERVICES DISTRICT ARESOLUTION OF THE BOAD OF DIRECTORS OF THE AVILA BEACH COMMUNITY SERVICES DISTRICT ADOPTING AR REVISED CONFLICT OF INTEREST CODE WHEREAS, pursuant to the Political Reform Act (California Government Code $$81000 et seq.) and the regulations thereunder, the. AVILA BEACH COMMUNITY SERVICES DISTRICT (the "District") adopted its current Conflict of Interest Code on August 17,20161 by passing Resolution No. 2016-10 (the "Existing Code"); and  RESOLUTION NO. 2024-10  WHEREAS, the Board ofl Directors of the District deems it tol bei in thel District's best interests to adopt ai new Conflict ofInterest Code to update and supersede the District's Existing  Code.  NOW, THEREFORE, BE IT RESOLVED THAT:  1. The Board of Directors oft the District hereby adopts the attached Conflict of] Interest Code as the Conflict of Interest Code for the District. The attached Conflict of Interest 2. The Board Secretary oft the District is hereby authorized and directed to submit a certified copy oft the attached Conflict of] Interest Code to the San Luis Obispo County Board of 3. The Conflict of Interest Code shall take effect immediately following approval by the San PASSED AND ADOPTED this 10th day of September, 2024, by the following vote ofthe  Code shall supersede and replace the Existing Code.  Supervisors for approval.  Luis Obispo County Board of Supervisors.  Board ofDirectors oft the Avila Beach Community Services District:  AYES: NOES: ABSENT: ABSTAIN:  Peter Kelley, Board President  ATTEST:  Bradley Hagemann, Board Secretary    AVILA BEACH COMMUNITY SERVICES DISTRICT  CONFLICT OF INTEREST CODE Adopted September 10, 2024  The Political Reform Act, Government Code: sections 81000 ets seq., requires state and1 local governmental agencies to promulgate and adopt conflict of interest codes. The Fair Political Practices Commission has adopted ai regulation, 2 California Code of] Regulations section 18730, which contains the terms ofa a standard conflict ofinterest code. Section 18730 can be adopted by governmental agencies through incorporation by reference and may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public  notice and hearings.  The terms of2 California Code of Regulations section 18730 and any amendments to it duly adopted by thel Fair Political Practices Commission arel hereby incorporated by reference. The ConflictofInterest Code ofthe Avila Beach Community Services District (the* "District") ish hereby amended and is hereafter comprised of () the terms of2 California Code of Regulations section 18730, together with any amendments to it duly adopted by the Fair Political Practices Commission, (i) the attached Appendix A (Designated Employees), and (ii) the attached  Appendix B (Disclosure Categories).  Designated Employees shall annually file statements of economic interests with the District. Upon receipt of these statements, the District shall make and retain a copy and forward the original of each statement to the Elections Division of the San Luis Obispo County Clerk  Recorder.    Appendix. A  AVILA BEACH COMMUNITY SERVICES DISTRICT  DESIGNATED EMPLOYEES  It has been determined that the persons occupying the designated positions ("Designated Employees") listed below make or participate in the making of decisions which may foreseeably have a material effect on financial interests. Designated Employees must disclose financial interests in those categories described in Appendix B, which are listed opposite the respective  Designated Employees.  Designated Employees General Manager Engineer Chief Plant Operator Members oft the Board of] Directors Board Secretary General Counsel  Disclosure Categories 1-5 1-5 1-5 1-5 1-5 1-5    Appendix B  AVILA BEACH COMMUNITY SERVICES DISTRICT  DISCLOSURE CATEGORIES  CATEGORY1  Any real property in which the Designated Employee has a direct or indirect interest, but only if the real property is located in whole or in part within the jurisdiction oft the Avila Beach Community Services District. Real property interests include any leasehold, beneficial or ownership interest or option to acquire suchi interest ini real property, ifthe fair market value oft the  interest is $2,000.00 or more.  CATEGORY2  Business positions or direct ori indirect investments in or income from persons or business entities engaged in the appraisal, acquisition, or disposal ofi real property within thej jurisdiction of  the. Avila Beach Community Services District.  CATEGORY3  Business positions or direct or indirect investments in business entities and income from  any source or sources ofincome, if:  a)  The business entities or the source or sources of income are of the type which,  within the previous two years, have provided or contracted to provide, or in the future with reasonable foreseeability might provide or contract to provide services, supplies, materials, machinery or equipment to or for the use ofthe Avila Beach Community Services District; and  b)  Within the previous two years, the Designated Employee has made, participated in  making, or in any way has attempted to use his or her official position to influence the    governmental decision to obtain or procure services, supplies, materials, machinery or equipment ofthe same or a similar type as those soj provided or contracted to bej provided to the. Avila Beach Community Services District or if the duties of the Designated Employee's position make it  reasonably foreseeable that he or she might engage in such activity.  CATEGORY4  Business positions or direct or indirect investments in business entities and income from  any source or sources ofincome, if:  a)  The business entities or the source or sources of income are of the type which,  within the previous two years, have furnished or contracted to furnish, or in the future with reasonable foreseeability might furnish or contract to furnish services, supplies, materials, machinery or equipment as a subcontractor in any contract with the Avila Beach Community  Services District; and  b)  Within the previous two years, thel Designated Employee has made, participated in  making, or in any way has attempted to use his or her official position to influence the governmental decision to obtain or procure services, supplies, material, machinery or equipment oft the same or a similar type as those sO provided or contracted tol be provided to the Avila Beach Community Services District or if the duties of the Designated Employee's position make it  reasonably foreseeable that he or shei might engage in such activity.  CATEGORYS  Business positions or direct or indirect investments in business entities and income from  any source or sources ofincome, if:  a)  The business entities or the source or sources ofincome are of the type which are  subject to the: regulation or supervision of the. Avila Beach Community Services District; and  2    b)  Thel Designated Employee's duties involvet thes supervision ori regulation (including,  but not limited to, the issuance of permits) oft that type oft business entity or source ofincome.  *****  For purposes ofthe foregoing Disclosure Categories 1 through 5:  a)  "Indirect investment" or "indirect interest" includes any investment ori interest with  a fair market value of $2,000.00 or more that is owned by the spouse or dependent child ofa Designated Employee, by an agent on behalfofal Designated Employee, or by al business entity or trust in which the Designated Employee, the Designated Employee's agents, spouse, and dependent children own directly, indirectly, or beneficially a ten percent (10%) interest or greater.  b)  "Sources ofincome" shall include gifts, but shall exclude loans from commercial  lending institutions made in the regular course of business on terms which are available to the  public without regard to official status.  3