ADMINISTRATIVE POLICIES AND BUSINESS PRACTICES MANUAL

[FCGMA Business Practices Manual] Page 1

Fox Canyon Groundwater Management Agency

ADMINISTRATIVE POLICIES AND BUSINESS

PRACTICES MANUAL (2011)

FCGMA offices are located in the Ventura County Government Center,

Administration Building, Main Plaza Level 800 South Victoria Avenue

Ventura, California 93009-1610

Phone: (805) 654-2014 Fax: (805) 654-3350

E-mail: [email protected] Home Page Website: www.fcgma.org

Weather Station Website: www.foxcanyongma.org

Item 8A - Page 1 of 40

http://www.fcgma.org/�

http://www.foxcanyongma.org/�


FOX CANYON GROUNDWATER MANAGEMENT AGENCY

ADMINISTRATIVE POLICIES AND BUSINESS PRACTICES MANUAL

Table of Contents

1.0 INTRODUCTION & STATEMENT OF PURPOSE ........................................................... 4 1.1 Purpose ...................................................................................................................... 4 1.2 AB 2995 – Enabling Legislation ................................................................................... 5 1.3 Formation and Statutory Authority ............................................................................... 5 1.4 Mission Statement ...................................................................................................... 6 1.5 Boundary of the Agency ............................................................................................. 6 2.0 BOARD MEMBERS, MEETINGS AND PROTCOLS ...................................................... 7 2.1 Composition of Board Members and Alternates ........................................................... 7 2.2 Member Agencies ........................................................................................................ 8 2.3 Board Roles, Responsibilities and Relationships ....................................................... 10 2.4 The Ralph M. Brown Act ............................................................................................ 11 2.5 Meetings .................................................................................................................... 12 2.6 Public Meeting Notices and Agenda Distribution ........................................................ 13 2.7 Board Quorums and Voting ...................................................................................... 14 2.8 Record of Proceedings and Records Retention Schedule ......................................... 15 2.9 Agency Reports and Business Practice Documents ................................................. 15 2.10 Board Stakeholder Committee Protocols ................................................................... 16 3.0 AGENCY STAFFING ................................................................................................... 18 3.1 Organization Chart .................................................................................................... 18 3.2 Position Descriptions and General Duties .................................................................. 19 3.3 Ethical Standards and Conflict of Interest Code ......................................................... 21 4.0 AGENCY CONSULTANT AND VENDOR CONTRACTS .............................................. 22 4.1 Need for Contracting.................................................................................................. 22 4.2 Local Preference ....................................................................................................... 22 4.3 Professional Attitude .................................................................................................. 22 4.4 Selection of Consultants ............................................................................................ 22 4.5 Fees for Professional Services .................................................................................. 23 4.6 Contracts ................................................................................................................... 23 4.7 Duties and Responsibilities ........................................................................................ 23 4.8 Payments to Contractors ........................................................................................... 24 5.0 AGENCY FINANCIAL MANAGEMENT ....................................................................... 25 5.1 Annual Budget and Work Plan Preparation & Quarterly Monitoring ........................... 25 5.2 Biennial Audit Preparation and Reporting ................................................................. 25 5.3 Agency Financial Management Process Flowchart .................................................... 26



6.0 AGENCY REVIEW AND CONDITIONING OF DISCRETIONARY LAND-USE PROJECTS .................................................................................................................. 27 6.1 Introduction ................................................................................................................ 27 6.2 Authority .................................................................................................................... 27 6.3 Function .................................................................................................................... 28 6.4 Goals ......................................................................................................................... 28 6.5 Project Review Process ............................................................................................. 28 6.6 Well Permitting and Processing ................................................................................. 29 7.0 AGENCY ORDINANCES AND RESOLUTIONS .......................................................... 30 7.1 FCGMA Ordinance Code ........................................................................................... 30 7.2 Appeals of Executive Officer’s Decisions ................................................................... 31 7.3 Agency Resolutions ................................................................................................... 35 8.0 FCGMA COMMONLY USED TERMS ........................................................................... 36 9.0 INDEX (UNDER CONSTRUCTION) ............................................................................. 40

List of Figures and Tables

FIGURE 1 FCGMA BOUNDARY MAP ................................................................................. 6 TABLE 1 SUMMARY OF BOARD MEMBERS AND ALTERNATES…..……………..…….. 8 FIGURE 2 FCGMA MEMBER AGENCIES MAP ................................................................... 9 FIGURE 3 BOARD ROLES AND RELATIONSHIPS .......................................................... 10 FIGURE 4 AGENCY OFFICES LOCATION MAP ............................................................... 12 FIGURE 5 FCGMA AGENDA PACKET PRINT DEADLINE CALENDAR .......................... 14 FIGURE 6 FCGMA ORGANIZATION CHART .................................................................... 18 TABLE 2 SUMMARY OF FCGMA STAFF ……………………………..……………..…….. .. 20 FIGURE 7 FCGMA FINANCIAL MANAGEMENT PROCESSESS CHART ........................ 26



1.0 INTRODUCTION 1.1 Purpose Essentially, in any business operation, whether in the private or public sector, there are many, many events that must occur every day. Ideally, important events happen automatically as a result of the sound business practices developed and put in place by the organization. Once in place, sound administrative policies, procedures and business practices focus the organization on performing its mission efficiently, reduce and minimize costly mistakes, and ultimately facilitate an adaptive management culture which incentivizes continuing business process improvement efforts by the core team of dedicated professionals supporting the Agency’s mission. The Fox Canyon Groundwater Management Agency’s (hereinafter referred to as the FCGMA) business practices must be clear in order for work team to be focused on achieving the Board’s adopted priority annual work plan tasks in support of the FCGMA’s mission, on-time, on-budget, and with the desired effect. Further, sound administrative policies, procedures and business practices provide focus, ensure accountability, and optimize business operations which enable work teams to concentrate on the very important things within the policy context of the FCGMA’s ordinances, resolutions, and plans and programs. There is an overall FCGMA business strategy for operational success: the Board, in consultation with stakeholders and the public, transparently establishes the FCGMA’s vision and mission. The Executive Officer executes that mission by following the operational business plan, most significantly the Board’s adopted annual work plan and operating budget. Finally, FCGMA staff, under the leadership of the Executive Officer, reviews, refines, and renews the operational plans in order to continuously improve the FCGMA’s business operations. The FCGMA’s Administrative Policies and Business Practices Manual (hereinafter referred to as the MANUAL) are grounded in historical, administrative, technical, and legal background information about the FCGMA and the groundwater resources it manages. More detailed technical information can be found in the latest (2008) FCGMA Annual Report1

[insert hotlink], the 2007 Groundwater Management Plan [insert hotlink], the FCGMAs website [insert hotlink] and other technical studies and reports on file with the AGENCY Clerk of the Board.

Many people including farmers, businessmen, attorneys, water company employees, and elected officials volunteer their time and energy to resolve the critical issues and policies that affect water supply within the FCGMA. The FCGMA has been fortunate to have kept the interest and participation of many dedicated and knowledgeable individuals and agencies willing to accept shared responsibility, sacrifice and stewardship regarding collaborative groundwater resource management decisions within FCGMA’s territory.

1 Fox Canyon Groundwater Management Agency Annual Report for Calendar Year 2008. FCGMA, Ventura County, CA



Notable among these participants are the United Water Conservation District (UWCD), the Calleguas Municipal Water District (CMWD) and the County of Ventura. All three agencies exercise shared responsibility with the FCGMA for the stewardship of the groundwater basins within the FCGMA territory. And their continued interest, input, and assistance have been vital to the success that has been realized by the FCGMA. 1.2 AB 2995 - Enabling Legislation The FCGMA’s statutory authority is found in its enabling legislation AB-2995 (Imbrecht, 1982) [insert hotlink]. In enacting that enabling legislation, the Legislature expressly found and declared that the preservation of the groundwater resources within the territory of the FCGMA for agricultural and municipal and industrial uses is in the public interest and the creation of the FCGMA pursuant to AB 2995 is for the common benefit of water users. More specific information concerning the FCGMA’s statutory powers to manage groundwater basins within the territory of the FCGMA is available in the Agency’s enabling legislation (State of California AB-2995 (Imbrecht, 1982), the California Water Code Appendix, Chapter 121, Sections 102-1101 et seq [insert hotlink], and in the FCGMA Ordinance Code [insert hotlink]. 1.3 Formation and Statutory Authority The FCGMA was created at the request of local citizens by the State of California legislature in response to overuse of local groundwater resources. This condition was first recognized by the observance of seawater intrusion and declining groundwater levels in wells, coupled with increasingly poor quality of water drawn from wells in the southern part of the Oxnard Plain in the late 1940’s. Prior to the creation of the FCGMA, the California State Water Resources Control Board (SWRCB), as a condition to a State grant for the Seawater Intrusion Abatement Project, ordered the United Water Conservation District (UWCD) and Ventura County as co-grantees, to develop a Groundwater Management Plan for the purpose of controlling extractions and balancing water supply and demand in both the Upper Aquifer System (UAS) and Lower Aquifer System (LAS). As a result of continuing overdraft by groundwater users and subsequent seawater intrusion into aquifers beneath the Oxnard Plain, the Fox Canyon Groundwater Management Agency Act (AB-2995, Imbrecht) passed on September 13, 1982, and became effective January 1, 1983. The Act (enabling legislation) is now contained in the State Water Code Appendix, Chapter 121. As directed by Article 2, Section 202 of the enabling legislation, the boundary of the FCGMA was established by Resolution of the Ventura County Board of Supervisors on December 21, 1982 and became effective by recordation in the Ventura County Office of the Recorder (VCOR) on January 1, 1983. The boundary was revised in 1991 to reflect updated knowledge of the extent of the aquifers.



1.4 Mission Statement The original State legislation created the FCGMA to manage groundwater within Ventura County, specifically the areas or lands overlying the Fox Canyon aquifer. The prime objectives and purposes of the Agency are to preserve and protect groundwater resources for agricultural, municipal, and industrial uses in the best interests of the public and for the common benefit of all water users. To better define the core goals and objectives of the Agency, the FCGMA Board of Directors adopted a formal mission statement on September 27, 2006 as follows: “The Fox Canyon Groundwater Management Agency (Agency), established by the State Legislature in 1982, is charged with the preservation and management of groundwater resources within the areas or lands overlying the Fox Canyon aquifer for the common benefit of the public and all agricultural, municipal and industrial users.” 1.5 Boundary of the Agency The FCGMA boundary encompasses some 183 square miles, and includes all the lands from the Oxnard coastline to Happy Camp Canyon east of Moorpark (see FIGURE 1

). Within this boundary are all, or parts of, 5 incorporated cities, including Moorpark, Oxnard, Port Hueneme, Camarillo, and Ventura. Also within the Agency boundary are several water companies of various sizes. Although imported water is vital to almost everyone in southern Ventura County, and surface water diversions supplement a valuable percentage of irrigation needs, groundwater still supplies the main source of water (about 67%) used by approximately 378,000 people and hundreds of farms within the FCGMA.

FIGURE 1 – FCGMA Boundary Map



2.0 BOARD MEMBERS, MEETINGS AND PROTOCOLS 2.1 Composition of Board Members and Alternates The FCGMA is governed by five (5) members Board of Directors and staffed by technical and administrative personnel provided by the Ventura County Watershed Protection District, administratively housed in the Public Works Agency, County of Ventura. As required by its enabling legislation, the Fox Canyon Groundwater Management Agency Act of 1982 (AB-2995), the Board of Directors for the FCGMA is composed of one member appointed from each of the following four groups:

• The Ventura County Board of Supervisors; • The United Water Conservation District (UWCD) Board of Directors; • The City Councils of the five cities that partially or totally overlie the FCGMA. These

cities include Ventura, Oxnard, Camarillo, Port Hueneme, and Moorpark; • The nine existing mutual water companies and special districts2

, 3 within the FCGMA. They include the governing boards of the following mutual water companies and special districts not governed by the County of Board of Supervisors, which are engaged in water activities, and whose territory at least in part overlies the territory of the Agency: (1) Alta Mutual Water Company, (2) Pleasant Valley County Water District, (3) Berylwood Mutual Water Company, (4) Calleguas Municipal Water District, (5) Camrosa Water District, (6) Zone Mutual Water Company, and (7) Del Norte Mutual Water Company.

These four members select the fifth Board Member from a list of at least five candidates jointly nominated by the Ventura County Farm Bureau (VCFB) and Ventura County Agricultural Association (VCAA). In order to qualify for nomination, this fifth member must reside in, and be “actively and primarily engaged in” agriculture within the territory of the Agency. As defined in the State Water Code Appendix, Chapter 121-401 of the Fox Canyon Groundwater Management Agency Act the requirement to be “actively and primarily engaged in agriculture” means this member must derive at least 75% of their income from agriculture. These nominees need not be a member of either organization. Five Alternate Board members are selected according to the same criteria and serve in the absence of the primary Board members. All FCGMA Board members serve for a two-year term, unless reappointed. There are no limits to the number of terms a member can serve and consecutive terms are allowed. Former members may be re-elected at any time. If a seat is vacated for any reason, the Alternate may be promoted by the remaining Board members to serve out the rest of the term, or member organizations may appoint another qualified individual to fill the vacated position. As long as a minimum of at least three members is maintained, any vacant seat may also remain open until the next official election.

2 An eighth mutual water company or special district, Anacapa Municipal Water District, active at the passage of the enabling legislation (AB 2995), is no longer in existence.

3Guadalasca Mutual Water Company was in existence in 1982 but was overlooked in the original list; Thornhill Mutual Water Company was a spinoff from GMWC.



In 2007, the Board offset the terms of the City Council and the Agricultural representatives from the remaining three representatives by one year to ensure continuity of Agency operations and to prevent a complete turnover of all FCGMA Directors at the same time. City and Farm representatives are now up for re-election in even numbered years, with UWCD, County, and Water District representatives up for re-election in odd numbered years. All Board members and Alternates serve on a volunteer basis, and no salaried compensation is provided for participation or attendance at FCGMA meeting or events. Board members and officers may attend seminars, conferences, or training sessions at Agency expense, and in so doing, will be reimbursed for all reasonable expenses incurred in accordance with applicable sections of the County of Ventura Administrative Policy Manual, Financial Management Chapter 7-C (reimbursement of employees business expenses) that the FCGMA has relied upon in lieu of officially adopting a separate policy document. As unpaid volunteers, FCGMA Board Members are not required to provide any service beyond official monthly Board meetings or special Board sessions. A complete list of current FCGMA Board Member and Alternate positions is provided below (see TABLE 1

).

TABLE 1

SUMMARY OF FCGMA BOARD MEMBERS AND ALTERNATES 2011-2012

NAME AFFILIATION CONTACT NUMBER DIRECTORS

Lynn Maulhardt (Chair) Representing the United Water Conservation District (805) 485-5728

David Borchard Representing the Farming Interests (805) 485-3525

Charlotte Craven Representing the Five Cities within the Agency (805) 388-5307

Steve Bennett Representing the Ventura County Board of Supervisors (805) 654-2703

Dr. Michael Kelley Representing the Small Water Districts within the Agency (805) 890-6095

ALTERNATE DIRECTORS

John Zaragoza Representing the Ventura County Board of Supervisors (805) 654-2613

David Schwabauer Representing the Farming Interests (805) 432-9375

Sam McIntyre Representing the Small Water Districts within the Agency (805) 377-2584

Daniel Naumann Representing the United Water Conservation District (805) 488-1424

Neal Andrews Representing the Five Cities within the Agency (805) 654-7827

2.2 Member Agencies As indicated in Section 2.1, there are currently five cities: (Camarillo, Moorpark, Oxnard, Port Hueneme, and Ventura), two major wholesalers (Calleguas Municipal and United Water Conservation District), and seven mutual water companies (1) Alta Mutual Water Company, (2) Pleasant Valley County Water District, (3) Berylwood Mutual Water Company, (4) Calleguas Municipal Water District, (5) Camrosa Water District, (6) Zone Mutual Water Company, and (7) Del Norte Mutual Water Company who are purveying water either partially or totally within the territory of the FCGMA.



A map depicting those member agencies is shown below (see FIGURE 2).These member agencies also serve as de-facto representatives for individual property owners, well operators, and other stakeholders within the Agency under many circumstances.

FIGURE 2

– FCGMA Member Agencies

UWCD performs both resource restoration/recharge and groundwater basin management activities in the Santa Clara River Valley and Oxnard Plain. UWCD obtains water from surface stream diversion/storage facilities and from groundwater extraction wells, so its activities include operation of well fields, spreading basins (percolation ponds), water treatment facilities, water transmission pipelines, and wholesale and retail water delivery of both potable and non-potable quality. UWCD (or its precursor organization), have served much of the County’s water needs since 1927. Calleguas Municipal Water District (CMWD) is also a large water-provider to the southern portion of Ventura County and serves customers in the cities of Oxnard, Port Hueneme, Camarillo, Thousand Oaks, Moorpark, Simi Valley, and the unincorporated areas of Oak Park, Santa Rosa Valley, Bell Canyon, Lake Sherwood, Somis, Camarillo Estates, and Camarillo Heights. Calleguas obtains and distributes State water imported into Ventura County, and operates both surface water and subsurface water storage facilities.



Imported water comes to Ventura County by one of two physical means. . The Metropolitan Water District of Southern California, a contractor providing Sacramento-San Joaquin Delta derived supplies from the State Water Project operated by the State Department of Water Resources (DWR) has a direct pipeline connection to the Calleguas Municipal Water District that serves eastern and southern-central Ventura County. The United Water Conservation District has the ability to call for State Project water releases from the DWR owned and operated Lake Pyramid. Such releases flow down Piru Creek and into UWCD owned and operated Lake Piru for later use and represent only one-quarter of the 20,000 AFY annual State Contract allotment held by the County of Ventura and jointly administered by the City of Ventura, the Casitas Municipal Water District, and UWCD. 2.3 Board Roles, Responsibilities and Relationships As expressly stated in the FCGMA enabling legislation, the goals and objectives of the FCGMA include the planning, management, preservation and regulation of the use of groundwater for the common benefit of water users within the FCGMA territory. These goals are primarily achieved through the development, implementation, and enforcement of groundwater management plans and policies that are designed to protect the quality and quantity of groundwater within the FCGMA’s territory. A graphic depicting FCGMA Board members’ Roles, Responsibilities and Relationships is shown below (see FIGURE 3).

FIGURE 3 – Board Roles and Relationships



In accordance with the enabling legislation, FCGMA does not involve itself in activities normally undertaken by member agencies, including construction, operation, and maintenance of capital facilities. Many of these facilities such as dams, spreading grounds, pipelines, flood control structures, and water distribution facilities are operated by UWCD and other member agencies both within and outside the FCGMA boundary with the goals of the FCGMA in mind and to aid or assist FCGMA groundwater management efforts. The FCGMA Board of Directors, Agency staff, member agencies, and individual stakeholders all share stewardship for the successful operation of the Agency and for the groundwater it manages. These roles and responsibilities are summarized below. Board of Directors

– Has the responsibility for establishing and revising policy through the adoption of laws, ordinances, and resolutions that support the FCGMA’s mission statement, goals, and objectives. All Agency rules must also be applicable with state laws. The Board is responsible for providing the means and resources necessary for the Executive Officer and staff to administer the FCGMA’s policies.

Agency Staff

– Responsible for administering the policies adopted by the Board. Although the FCGMA staff does not make policy decisions, under the leadership and direction of the Executive Officer, it provides technical studies, policy analysis and logistical support to the Board of Directors to assist them in adopting, monitoring, and evaluating meaningful and effective policies. The FCGMA Executive Officer is responsible for directing the staff, implementing policies adopted by the Board, and carrying out Board directives. The Executive Officer also serves as the Agency’s primary spokesperson with stakeholders and the general public.

Member Agencies and Stakeholders

– Well owners and operators play a key role in that they are responsible for “self-reporting” groundwater extractions to the FCGMA accurately and in a timely manner (e.g. twice per year, once in January and once in July). It is critical that this group provide meaningful feedback to the staff and Board by accurately self-reporting groundwater use and by providing the fees and meaningful data necessary on a timely basis to enable the FCGMA to manage the groundwater resources and to pay for expenses incurred in doing so.

2.4 The Ralph M. Brown Act The FCGMA conducts its public meetings in accordance with the requirements of the Ralph M. Brown Act (Government Code Section 54950 et. seq.). It provides definitions of the following:

• Legislative bodies; • Gatherings that constitute a public meeting; and • Types of meetings.

It also describes the rules of conduct for open and public meetings, agenda requirements, closed session meetings, public participation, violations, and remedies for violations of the act. A copy of the Brown Act is available on the FCGMA website at http://www.fcgma.org/publicdocuments/brownact.shtml


http://www.fcgma.org/publicdocuments/brownact.shtml�


2.5 Meetings Public meetings are the means by which the FCGMA Board hears, discusses, and deliberates on items that are within the jurisdiction of the Agency. Monthly Board meetings are usually held in the County Board of Supervisor’s Hearing Room in the Administration Building; Main Plaza Level of the Ventura County Government Center located at 800 South Victoria Avenue, Ventura, California (see location map FIGURE 4

) and are scheduled for the 4th Wednesday of every month except August, November, and December. Alternate rooms of adequate size within the County Government Center may be used if the County Board of Supervisor’s Hearing Room is occupied.

FIGURE 4

– Agency Offices Location Map

Typically, Board meetings begin at 1:30 p.m. and last between one and three hours in duration. Additional public input is received through various committees, advisory groups, and public workshops. Board Members should call the Executive Officer, Jeff Pratt, at (805) 654-2073 or the FCGMA Board Clerk, Miranda Nobriga at (805) 654-2014 with sufficient advance notice if they cannot attend a scheduled meeting. The primary responsibility rests with each Director to notify his or her Alternate if they are unable to attend a Board meeting so that the Alternate may attend the Board meeting. Ideally, a quorum is maintained at public meetings so those items scheduled for deliberation and decision can be determined if appropriate.



All FCGMA meetings are open to the public except for pre-announced closed session Board meetings to discuss potential or pending legal matters as allowed by law. The Board Chair begins, conducts, and ends all meetings. The Chair has the responsibility to control debates, determine the order of speakers and/or agenda items, and to accept or deny any presentation or topic of discussion. Board members should strive to limit deliberations to the topic, subject matter, item, or motion under consideration. 2.6 Public Meetings Notices and Agenda Distribution All scheduled or special FCGMA meetings and/or hearings shall be duly noticed and/or posted in compliance with applicable public notification provisions of the Ralph M. Brown Act (as amended). Regularly scheduled, emergency, and special session meetings of the Board are posted in the public bulletin board outside the main entrance to the County Government Center Administration Building or in some suitable place available for viewing 24 hours per day. Additionally, such meeting notice is uplinked to the FCGMA’s website (www.fcgma.org), and mailed, faxed and/or e-mailed to any interested parties who requests such notice in writing. Meetings required to be held where the possibility of a change to the provisions of the FCGMA Ordinance Code could occur shall be published at least once in a newspaper of general circulation within the Agency boundaries at least ten (10) calendar days before the meeting or hearing. The Board may give additional notice of the required hearing by any other means deemed appropriate. In order to meet our agenda packet print deadline, Agency staff follows a strict preparation timeline as outlined below in Figure 5. The draft agenda is due three Wednesdays prior to the Board meeting. Agency staff strives to accommodate its stakeholders’ requests for Board agenda items and in order to meet our print deadline, we respectfully request submissions for agenda items be directed to Ms. Miranda Nobriga, FCGMA Clerk of the Board, for consideration no later than three weeks prior to scheduled Board meetings. Board Members receive the draft agenda and previous meeting’s minutes via electronic mail two Fridays before the scheduled Board meeting and the final agenda packet goes to print the Wednesday prior the Board meeting. Agenda packets are mailed to Board members and other interested parties on the Friday prior to the Board meeting. Any interested party who files a written request with the FCGMA agency annually, will receive a mailed agenda or agenda packet prior to the Board meeting. Note Board meeting agendas and staff reports are available for download from the Agency website at www.fcgma.org on Thursday prior to the Board meeting.





FCGMA Board Meeting Deadline Calendar

SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY

1

2 3 4 5

Draft Agenda - Deadline for

Item Requests

6 7

Draft Minutes

8

9 10 11 12 13

Final/Approved Agenda Items to Manager/Clerk

14

Email Board Agenda & Minutes

15

16 17

Agenda Packet to EO for Signature

18 19

Agenda Packet goes to Print

20

Agendas Mailed and Posted on Website and

County Bulletin

21 22

23 24

25

26

Board Meeting

27 28 29

30 31

FIGURE 5

– FCGMA Agenda Packet Print Deadline Calendar

2.7 Board Quorums and Voting Only items listed in the published Board Meeting Agenda may be acted on. A minimum of three Board Members or Alternates must be in attendance at a FCGMA Board meeting to satisfy a quorum. Normal voting procedures allow any Board member in attendance at a duly noticed meeting to make a motion concerning the issue or item being discussed as long as the item was on the published agenda prior to the meeting. The Chair will usually ask for a second to the motion if none has been offered. Once a motion has been seconded, the Chair may simply announce that barring any objections or further comments, the motion is adopted or denied as the case may warrant. For adoption of agreements, contracts, resolutions and ordinances, a roll call vote will be requested by the Chair, and each member will be asked to cast a verbal vote when the Clerk of the Board reads their name aloud.



A minimum of three Board members must vote with the same result to carry or reject an item listed in the official agenda. If only three Board members are present and one member votes to abstain due to a potential conflict of interest, the quorum is not completed and the matter cannot be decided at that time. At a minimum, three of the five Directors must be present for a quorum, and three like votes are necessary to decide an issue or topic in order to render a final majority decision. If the member who wishes to abstain believes that the issue is a conflict of interest or might cause an impropriety, that member may opt to have the Alternate occupy his/her seat before the agenda item is discussed. Since the Alternate heard the testimony as the seated member, and the Board member was merely acting as an observer in the audience, the Alternate may cast a vote in the normal manner allowed by State law. Any question about Board meeting protocols should be directed to the Agency Counsel for legal advice and opinion. Officially adopted Ordinances, Resolutions, or contracts are signed by the Chair. Certain special Resolutions may be signed by all the Board members, and the Vice Chair signs documents when the Chair is absent or when two signatures are required 2.8 Records of Proceedings, Records Retention Schedule All Board meetings are recorded to provide a record of transactions, findings, and determinations. Video recordings of Board meetings dating back to January 2000 are available to view 24/7 on the Agency website at www.fcgma.org. Recordings are only required to be kept for three years based on Agency Counsel’s opinion; however the FCGMA has archived audio, audiovisual, or paper copies detailing the proceedings of almost every meeting. Paper copies of meeting minutes are kept indefinitely in the FCGMA files as official historical reference. An original of all official documents - from monthly meeting agendas, to Ordinances, Resolutions, and contracts - is kept on file with the FCGMA Clerk of the Board. Any mail or correspondence involving the FCGMA should be addressed to the Chair and Members of the Board, the Executive Officer, or the Clerk of the Board, as appropriate, to 800 South Victoria Avenue, Ventura, CA 93009-1610. Items that should, or must be dealt with at Board meetings, can be addressed to the Executive Officer with a request to place the item on the agenda for a future Board meeting. Consistent with the FCGMA’s business practice needs, the FCGMA shall be guided by the County’s Records Retention Policy and Schedule [insert hotlink]. 2.9 Agency Reports and Business Practice Documents Annually, the FCGMA prepares a Work Plan and Operating Budget to guide, direct and fund the agency’s work. Quarterly Work Plan Updates and Budget Performance monitoring reports are prepared and submitted to the Board of Directors. Finally, Board Meeting Agenda Packets, which include Staff reports, Ordinances, Resolutions and/or Special Presentations, are prepared monthly as required. Additionally, the FCGMA prepares a Biennial Audit Report every other year, and updates the existing adopted Groundwater Management Plan (GMP) (at approximate 5-year intervals).




Although all of these documents can be found as posted on the FCGMA website (www.fcgma.org), paper copies are available at the FCGMA offices. FCGMA documents, reports and publications are adopted by the Board of Directors when completed, or produced by staff according to the authority established in enabling legislation (AB-2995). 2.10 Board Stakeholder Committee Protocols During the May 23, 2007, the FCGMA Board of Directors received a presentation from Agency staff on the potential structure of advisory groups that will review and recommend the implementation of specific groundwater management strategies identified in the 2007 Update to the Fox Canyon Groundwater Management Plan and/or other strategies that may develop through advisory group evaluation. The enabling legislation for the FCGMA [AB2995] charged the Agency with responsibility of implementing plans to control extractions from the aquifers with objective of balancing water supply and demand in the Agency as of 2000. Numerous reports by the United Water Conservation District and Agency staff have shown that both the Upper Aquifer System (UAS) and Lower Aquifer System (LAS) in the Oxnard Plain and Pleasant Valley Basins suffer from long-term overdraft and seawater intrusion. Coupled with groundwater modeling studies performed by United Water Conservation District (UWCD), Agency staff and UWCD have identified that the allocation and use of the groundwater within Agency exceeds a level the resource can support. Other localized conditions such as deterioration of water quality and locally high water levels in the South Las Posas Basin and East Las Posas Basin demonstrate the variety of diverse groundwater management challenges facing the Agency.

In response to these challenges, the Agency, with its partners UWCD, Calleguas Municipal Water District (CMWD), and the stakeholders, developed the 2007 Update to the FCGMA Groundwater Management Plan (Plan). The Plan identifies a series of short-term and long-term groundwater management projects and strategies designed to address the current imbalance between demand and availability of the groundwater resource.

In addition to meeting the groundwater resources needs of the Agency, the Plan also complies with the statutory requirements of the overarching California Water Code Section 10753.7 for groundwater managament. The California Department of Water Resources (DWR) requires that groundwater management plans meet the criteria established in SB1938 to receive State funding for projects. In accordance with the Budget Act of 1999, the DWR has also established recommended elements for groundwater mangement plansi

. The first recommended element is the establishment of advisory groups to assist in the development and implemenation of the Plan.

The FCGMA Board of Directors received and filed staff’s informational presentation on the creation of advisory groups for implementation of the FCGMA GMP unanimously during the May 23, 2007 meeting. During the June 27, 2007 meeting, the FCGMA Board of Directors unanimously adopted the staff’s recommendations regarding approval of the proposed Groundwater Management Strategies (GMS) contained in the Plan, authorized the establishment of the Strategic Advisory Group (SAG) and Technical Advisory Group (TAG) to help guide the GMS process, and approved the recommended goals and objectives for the SAG and TAG.




As indicated above, the FCGMA Board of Directors adopted detailed roles, responsibilities and rules of engagement for both the SAG and TAG during their June 27, 2007 regular meeting. The following list of SAG and TAG protocols summarizes those actions. However, subject to FCGMA Board amendments, the June 27, 2007 Board actions regarding the SAG and TAG, and FCGMA staff roles, are dispositive. Stakeholder Committees

a) There shall be a Strategic Advisory Group (SAG) and a Technical Advisory Group (TAG) for the Agency, but the Board, at its sole discretion, may also establish a separate group or committee for each of the groundwater basins within the Agency as needed to reach the mandates of the Board or the enabling legislation.

:

b) The membership of the SAG and TAG shall be established at the discretion of the Board of Directors.

Representation of Committee Membership

a) Each Advisory Group or Committee shall have at least one member from the farm or urban community located within the zone it represents or a person recommended by those particular stakeholder groups to represent their interests.

:

b) All remaining committee representatives shall be chosen in such a way as to equalize community and area representation. Communities and areas within a groundwater basin or study zone shall have representation consistent with the magnitude of its groundwater quality or quantity problem.

Term of Appointment and Filling of Vacancies

a) The term of appointment to the Strategic Advisory Group or Committee shall be for length of time the volunteer members wish to serve, or by predetermined term agreed to by the Board at the time of the appointment.

:

b) Periodically, the Board of Directors shall review the membership of all established Advisory Groups Committees and the term of appointment for all participating members.

c) To fill the vacancy of any member resulting from termination or

expiration of the term of appointment, the Board of Directors shall appoint new members within 30 days.

Role of a Group or Committee Membersa) All committee members are advisory to the Board – not to the staff – and shall serve to

communicate the needs, programs, and proposals to the community they represent.

:

b) As distinct from the staff, an Advisory Committee’s role shall not be considered technical in nature, unless specifically set up in such a manner.

c) As distinct from the Board of Directors, an Advisory Committee’s role shall not be considered legislative in nature.

d) The Agency’s technical staff shall inform the Committee of major needs, programs, and proposals.

e) Committee members are encouraged to appear before regular and/or special meetings of the Board of Directors to offer their insights, counsel and opinions on their Committee’s behalf relating to Agency needs.



3.0 AGENCY STAFFING

3.1 Organization Chart A structural organization chart for the FCGMA is provided below (see FIGURE 6

- Agency Structural Organization Chart).

FIGURE 6

– FCGMA Organization Chart



3.2 Position Descriptions and General Duties The current staff positions within the FCGMA are summarized below.

• Executive Officer – The manager of the Agency has traditionally been a Director or Deputy Director of the Ventura County Public Works Agency (VCPWA) or Ventura County Watershed Protection District (VCWPD). Because of the dual role this person fills, only a portion of the Executive Officer’s time is spent on FCGMA matters. The Executive Officer (EO) provides organizational leadership and strategic management services to the Agency, and acts as the main liaison between the Board, the general public, and government agencies.

• Deputy Director, Groundwater Manager and Special Projects Program

Manager, WPD – The above named position classifications provide principal administrative, budgetary and program management support to the EO as required. Among the functions performed by these individuals are strategy development; staff supervision, budget management, and reporting performance on Work Plan/task oversight at the direction of the EO.

• Agency Counsel – An attorney for the FCGMA from the Ventura County Counsel’s

Office. In general, one attorney handles FCGMA-related matters and provides legal advice on an as-needed basis. The Agency legal counsel attends all Board meetings, closed sessions, and special workshops. With assistance from other County legal staff, this person also acts as the lead legal expert in any and all court actions or enforcement issues.

• Staff Geologist/Hydrologist – A geologist or hydrologist in the VCWPD. This full-

time position was established to provide technical support for the Agency. The geologist/hydrologist has expertise in groundwater hydrology and is knowledgeable about Ventura County geography and geology. The geologist/hydrologist drafts reports, conducts hydrologic research, assists in preparing monthly agendas, assists the public with information requests, attends meetings on behalf of the Agency, and acts as the Agency technical expert.

• Joint Technical Staff Position (JTSP) - A United Water Conservation District

(UWCD) Hydrogeologist. This shared full-time position was established to provide technical support for the Agency in the areas of groundwater modeling, basin planning, and groundwater policy development. The Hydrogeologist is a registered Professional Geologist (PG) and State of California Certified Hydrogeologist (CHg) with expertise in groundwater hydrology, groundwater modeling, basin planning, and groundwater policy issues. The Hydrogeologist operates the Ventura Regional Groundwater Model on behalf of the agency, analyzes groundwater policy issues, and works with stakeholders on basin-specific planning efforts. As a shared position between the FCGMA and UWCD, the JTSP is focused on issues of mutual interest to both Agencies. The JTSP reports to the Agency’s Executive Officer and the UWCD Groundwater Policy Manager.



• Engineering Technician – A full-time technical specialist in the VCWPD. This full-time technician performs data collection tasks, maintains the FCGMA database, prepares billing statements for water users within the FCGMA jurisdiction, maintains well-owner/operator records, processes payments, and assists with other administrative and technical tasks as directed by the Groundwater Resources Manager and Deputy Director.

• Clerk of the Board (and Deputy Clerk) – Administrative professionals in the VCWPD. The Clerk is often supported on a part-time basis by a second administrative assistant on an as-needed basis. The Clerk performs many of the administrative tasks including preparing and distributing meeting notices, preparing meeting minutes, distributing documentation, preparing meeting agendas, and managing public communication with the EO.

At the Board’s sole discretion, the technical, financial, and legal services for the FCGMA are provided under contract with the Ventura County Public Works Agency utilizing Watershed Protection District employees and the Office of the County Counsel. Except for the elected or appointed members of the Board, all staff members of the FCGMA are employees of the Public Works Agency of the County of Ventura (see TABLE 2 below).

TABLE 2 SUMMARY OF FCGMA STAFF

2011-2012NAME AFFILIATION CONTACT NUMBER

Jeff Pratt, P.E. Agency Executive Officer & County Public Works Director (805) 654-2073

Gerhardt Hubner, PG

Agency Alternate Executive Officer & VCWPD Deputy Director – Water & Environmental Resources Division (805) 654-5051

Alberto Boada Agency Legal Counsel & County Attorney – County Counsel’s Office (805) 654-2578

Gerard Kapuscik VCWPD Special Projects Program Manager (805) 648-9284 Rick Viergutz, P.G., CEG

Groundwater Manager - VCWPD Water & Environmental Resources Division (805) 650-4083

David Panaro, P.G. Agency Staff Geologist (805) 654-2327

Sheila Lopez Agency Engineering Technician (805) 645-1372

Bryan Bondy, P.G., CHG Senior Hydrogeologist (805) 658-4373 (805) 525-4431

Miranda Nobriga Clerk of the Board (805) 654-2014

Tammy Butterworth Deputy Clerk of the Board (805) 654-2002 At the direction of the EO, virtually any employee of the Ventura County Public Works Agency may be seconded to assist the FCGMA. The support services provided by Ventura County may include administrative or project management services, copy and reproduction services, property owner information, accounting and financial management services, legal services, facilities and infrastructure, email and computer, technical information, insurance or liability coverage, and human resources.



Annually, the Board adopts a Work Plan which identifies the FCGMA priority staffing needs and work tasks for the next fiscal year. This work plan guides and directs the activities of any and all Public Works Agency employees assigned to work on FCGMA work tasks by the EO. Labor costs are known as Public Works Charges, and constitute the largest single percentage of Agency annual costs. The enabling legislation also allows for the use of private consultants or independent contractors to perform assigned work. Typically, this option is usually exercised when a particular expertise is needed that is beyond the normal scope of County staff. 3.3 Ethical Standards and Conflict of Interest Code

All elected or appointed FCGMA Board members, Alternate members, officers, and employees are expected to conduct themselves in an appropriate, ethical and responsible manner at all times. The Board has officially adopted a Conflict of Interest Code as listed in the California Code of Regulations, Title 2, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission [insert hotlink]. Board members, Alternates and officers of the FCGMA are subject to the annual reporting requirements of this code, and must report income, investments, and gifts valued at more than $25 each year using the designated State forms (Form 700). A letter and multi-page form will be mailed to each Board member, Alternate, and key staff person at the appropriate time each year. Form 700 and any applicable attachments must be filled out and returned to the FCGMA office to be forwarded to the Clerk of the Board to comply with State regulations.



4.0 AGENCY CONSULTING AND VENDOR CONTRACTS

4.1 Need for Contracting

: - The FCGMA shall contract with consulting professionals only when one or more of the following situations occur:

a) Specialized skills, experience or ability is required, which is not possessed by FCGMA or County staff members available for assignment to the work.

b) Specialized equipment or facilities are needed which are not available for assignment to the work.

c) The current level of FCGMA or County staffing is insufficient to meet temporary increases in workload.

4.2. Local Preference

: - The use of local consultants reduces travel costs and encourages local enterprise. Therefore, in the selection of consultants, preference shall be given to consultants located in Ventura County or firms with fully staffed offices in Ventura County. This policy shall not apply where prohibited by the terms of State or Federal grants, nor where this policy would result in a lower standard of service or delay in the work.

4.3. Professional Attitude

: - FCGMA staff shall deal with all consultants in a dignified manner in accordance with the ethics and recommendations of their professional societies, taking into account the requirements of law and Board policy.

4.4. Selection of Consultantsa) Consultants interested in performing work for the FCGMA shall be requested to

complete a form SF330 (Statement of Qualifications) [a standard Federal consultants’ procurement form adopted by reference for use by FCGMA] listing their qualifications and experience. These forms shall be kept on file and be reviewed when forming a list of consultants to be considered for a particular contract. The list may be reviewed and purged annually.

: -

b) A selection committee may be formed to select a consultant for each contract.

Depending on the size and importance of the work to be performed, the membership of the committee may vary. At a minimum, the selection committee should consist of the FCGMA Executive Officer, or his/her designee, the FCGMA Project Manager (PM), and a recognized expert in the subject for which the contract is to be let. Such experts may be from the County Public Works Agency, Watershed Protection District, or non-government private firms not bidding on the job nor having any financial or business interest in the particular bid.

c) The selection committee shall consider the various firms available and prepare a list

of three or more from those considered as the three most qualified for further review.

d) On approval of the list by the Executive Officer (EO), the remaining consultants listed shall be interviewed by the selection committee. The committee shall then prepare a written recommendation to the EO ranking the top three consultants based on their qualifications and suitability for the project. This list shall be sent to the EO for final selection.



e) Fee proposals or bids may be requested from qualified consultants to assist in the selection. For minor projects and services needed to carry out specific FCGMA functions, selection may be made as described above or may be based on the results of previous interviews and performance reports indicating a “most qualified” bidder. Sole-source contracts may be entered into under the authority of the Executive Officer where a committee is not necessary.

4.5. Fees for Professional Services

: - After the Board has approved the selection of a consultant, the FCGMA Project Manager (PM) shall work with the consultant in preparing the final scope of work, timeline, work plan, or other necessary documents. If the consultant and the Selection Committee fail to arrive at a fee acceptable to both, negotiations shall be terminated and the second consultant on the list shall be contacted, informed of such termination, and invited to submit a proposal. In no case should there be further negotiation with the first consultant. A fee proposal may be requested and can be considered together with qualifications and other relevant factors in selection of a consultant for contracts for mapping, photogrammetry, laboratory testing of materials, drilling of test holes (not involving logging), and similar activities where the scope of work, method of performance and standards for results are precisely defined prior to selection of a consultant.

4.6. Contracts

: - Contracts shall be prepared based on the fee negotiated with the consultant selected on a form approved by Agency Counsel.

4.7. Duties and Responsibilities

In addition;

: - In delegating authority to the Agency Executive Officer (Note: the title of Agency Coordinator was changed to Executive Officer upon adoption of FCGMA Ordinance 8.1 on July 27, 2005) to enter into consulting services contracts or issuance of annual contract work orders, or other minor services of less than $5,000 annually (Note: the discretionary spending limit was increased from $500 to $5,000 as approved by the FCGMA Board of Directors on January 26, 2005), additional limitations may be placed on the project, contract, or job by the Board at their discretion. Subcontracting or splitting of services by a consultant into multiple contracts shall be avoided if possible.

1) Contracts shall be executed by the FCGMA Executive Officer acting as a Deputy Purchasing Agent or by other Deputy Purchasing Agents on behalf of the FCGMA. 2) The FCGMA Executive Officer (or his/her designee) shall administer the contract pursuant to the terms thereof and shall be authorized to approve modifications to the contract provided that sufficient funds have been appropriated for the project to include the amount of all such modifications and that the total amount of all modifications and the original contract price does not exceed the limits specified.

3) The FCGMA Executive Officer shall be authorized to approve extensions of time for the completion of the performance of the contract in the event that a change in the scope of work is made or in the event of circumstances beyond the control of the consultant.

4) On written approval of the FCGMA Executive Officer, payments pursuant to the terms of the contract shall be made to the consultant by the County Auditor-Controller or Public Works Agency Accounts Payable Division. On completion of all terms of the contract, the FCGMA Executive Officer shall certify final acceptance of the work.



5) The FCGMA Executive Officer shall report the nature, scope and cost any unbudgeted consultant contracts entered into in accordance with the Board’s above referenced delegation authority at the next regular and/or special meeting of the FCGMA Board of Directors.

4.8. Payments to Contractors: - Progress payments may be approved upon written

certification of completion of the various stages of the contract by the FCGMA Executive Officer or his/her designated Purchasing Agent. Final Payment may be approved upon receipt of a copy of a recorded “Notice of Completion”. Final payment on the contract should be made within 35 days after the date the “Notice of Completion” was recorded - except for the amount required to be withheld due to any “Stop Notices” properly filed with the FCGMA and/or “Notices to Withhold” shown on the final payment document approved by the FCGMA or designated Purchasing Agent.



5.0 AGENCY FINANCIAL MANAGEMENT 5.1 Annual Budget and Work Plan Preparation and Quarterly Monitoring The FCGMA’s fiscal year begins July 1st and ends on June 30th of the next calendar year. Fiscal administration and oversight of the Agency’s financial transactions is performed by Agency management in consultation with the Fiscal Services Section of the Central Services Department within the Ventura County Public Works Agency pursuant to an existing and ongoing contractual arrangement between the Agency and the County of Ventura. Quarterly budget comparisons to actual performance reports are presented to the FCGMA Board of Directors for their information, review, and where necessary, adjustments. Quarterly summaries of the Agency’s actual financial transactions for the current fiscal year are presented to the Board of Directors generally in accordance with the following board meetings schedule:

Preliminary Draft Budget and Work Plan: MAY Recommended Final Budget and Work Plan: JUNE Previous Fiscal Year-End Budget Report: SEPTEMBER Current FY First Quarter Budget Performance Report: DECEMBER Current FY Mid-Year Budget Performance Report: FEBRUARY Current FY Third-Quarter Budget Performance: APRIL

FCGMA Revenues are generated through the payment of pump charges (i.e. charges for extraction of groundwater from wells within the FCGMA boundary), surcharges for over-pumping beyond an allowed annual allocation, late payment penalties and/or interest earnings. Expenditures are also summarized and include: Public Works Agency Charges (salaries and benefits) insurance, miscellaneous operational expenses, contracted weather station and database services, computers and field equipment, professional audit, and legal counsel fees, etc. 5.2 Biennial Audit Preparation and Reporting In accordance with California Government Code Section 26909, the FCGMA submits financial records to an independent contract auditor on a biennial basis. The FCGMA is considered a special purpose government, engaged in the management of groundwater extracted within its boundary, and operates on a cash-accounting basis. Pursuant to applicable provisions of the Governmental Accounting Standards Board Statement 34 (GASB 34), Agency management provides financial statements in an enterprise format to the auditors who perform standard audit verification assurances that the statements are free of material misstatements. The FCGMA, in consultation with Central Services Department – Fiscal Services (CSD-FS) and the County’s Auditor-Controller’s Office, selects a qualified, contract auditor to perform an independent analysis of the Agency’s statements and financial transactions for the biennial reporting period. Results of the biennial audit performed by the selected contract auditor are summarized in a report which is presented to the Board of Directors for review and adoption under a receive and file motion. Generally, biennial audit reports are presented to the Board of Directors during the March or April Board meeting.



5.3 Agency Financial Management Process Flowchart A flow-chart graphically depicting FCGMA financial management processes is provided (see FIGURE 7

below)

FIGURE 7

– FCGMA Financial Management Process



6.0 AGENCY REVIEW AND CONDITIONING OF DISCRETIONARY LAND-USE PROJECTS 6.1 Introduction The California Environmental Quality Act (CEQA) requires that all discretionary development projects be evaluated for potential environmental impacts. The objectives of CEQA are to disclose environmental impacts, identify and prevent environmental damage, disclose agency decision making, enhance public participation and foster intergovernmental coordination. The purpose of this section’s land development review process is to mitigate negative groundwater and water supply impacts associated with the land use planning decisions. The FCGMA has adopted the County of Ventura Administrative Supplement to the California Environmental Quality Act (CEQA) Guidelines. The CEQA rules are included in Sections 21000 et seq. of the Public Resources Code, and the guidelines are found in Sections 15000 et seq. of Title 14 of the California Administrative Code. [insert hotlink]. The FCGMA actually uses the County of Ventura procedures regarding these codes as they relate to the conduct of the Agency and its personnel. CEQA primarily governs how the FCGMA ordinances and resolutions impact and affect property and the environment, but CEQA also dictates some of the adopted policies and procedures the FCGMA uses on a regular basis. 6.2 Authority Proposed development projects are reviewed in accordance with provisions in various state and county regulations, ordinances and policies. FCGMA authority in relation to project development reviews is mostly ministerial and not discretionary. Except for very special or rare circumstances, the FCGMA does not act as a lead agency or a responsible agency, but instead reviews proposed development projects for potential water impacts at the request of other County, City, or authorities. The regulatory documents that dictate how and when projects are reviewed may include but are not limited to the following: California Environmental Quality Act – Public Resources Code 21000-21178 Guidelines for California Environmental Quality Act – California Code of Regulations 15000-

15387 Ventura County General Plan Ventura County Guidelines for Orderly Development Ventura County Subdivision Ordinance Ventura County Non-Coastal and Coastal Zoning Ordinance Ventura County Administrative Supplement to State CEQA Guidelines Ventura County Initial Study Assessment Guidelines Ventura County Sewer Policy Los Angeles Regional Water Quality Control Board Order No. 00-108 – NPDES Permit

CAS004002 State Water Resources Control Board – Regional Basin Plans



6.3 Function The role of the FCGMA is to review proposed projects and determine if adverse effects on groundwater quantity, quality, surface water quantity and water supply in basins located within the territory of the FCGMA is likely. The review is generally focused on the land development uses as they relate to the groundwater quantity, quality, surface water quantity and water supply issues. Initial review of all projects is done by the County Groundwater Resources Section. Only if a proposed project appears to have impacts to, or conflicts with, FCGMA Ordinances or regulations, will the project be reviewed and commented on by FCGMA staff. 6.4 Goals Inventory and monitor the quantity and quality of the County’s water resources. Effectively manage the water resources of the County for the development, conservation and protection of water resources for present and future generations. Maintain and where feasible, restore the chemical, physical and biological integrity of surface and groundwater resources. Ensure that the demand for water does not exceed available water resources. Protect and where feasible, enhance aquifer recharge areas. Promote efficient uses of water resources through water conservation. 6.5 Project Review Process

A. Project Completeness Review

Application materials are reviewed for completeness and conformance with all related groundwater quantity, quality, surface water quantity and water supply items and policies contained within the Ventura County Initial Study Assessment Guidelines for response to the Planning Division. In order to deem an application complete, the FCGMA Groundwater staff verifies that:

• The application package contains all materials necessary to review the project for

Groundwater quantity, quality and water supply related impacts as defined in Ventura County Initial Study Assessment Guidelines Section’s 2.a., 2.b., 2.c., and 28.b.

If the information is not included with the application to determine completeness, then staff will notify the Planning Division to request the missing necessary items from the applicant. B. Initial Study Checklist Preparation

Once a project application is deemed complete, an initial study is done to determine the type of environmental document. FCGMA staff will then complete an initial study checklist for Section2.a. – Groundwater Quantity, Section 2.b. – Groundwater Quality, Section 2.c. – Surface Water Quantity and Section 28.b. Water Supply, in conformance with the Ventura County Initial Study Assessment Guidelines and Threshold Criteria. All documents are reviewed and signed by the Groundwater Section Manager. Staff then submits the Initial Study Checklist electronically to the Planning Division via an e-mail.



C. Preparation of Project Conditions After the application is deemed complete, FCGMA staff will provide groundwater quantity, quality, surface water quantity and water supply related conditions of project approval to the Planning Division if necessary. Specific conditions of approval are developed for each project to notify the applicant of requirements from the Public Works Agency - Watershed Protection District in order to carry out the project prior to the issuance of a Use Inauguration Zoning Clearance. Staff will submit the project conditions electronically to the Planning Division via an e-mailed memorandum and/or hard copy. 6.6 Well Permitting and Processing – hotlink to permit on website Although the County of Ventura may issue a Well Permit to construct a new well, the FCGMA has authority over how and if that well can be utilized. To integrate these separate but distinct powers, the FCGMA has always worked closely with County personnel so FCGMA’s no-fee permit must be approved and signed by the Agency Executive Officer before the County will issue their fee-required permit. Requiring separate permits allows each agency to impose whatever conditions might be necessary to meet each agency’s Ordinance requirements.



7.0 AGENCY ORDINANCES AND RESOLUTIONS

7.1 Fox Canyon Groundwater Management Agency Ordinance Code

An ordinance serves as the main legal means or code through which the Agency administers groundwater resources. The FCGMA Board has the statutory authority to adopt ordinances for the purpose of regulating, conserving, and managing the use and extraction of groundwater within the territory of the Agency. Ordinances are adopted by a majority vote of the Board as long as a quorum is maintained during the hearing at which the Ordinance is considered for adoption, and typically becomes effective 31 days after adoption, unless a specific ordinance is considered to be an emergency measure (which take place immediately upon adoption or passage). Since its inception, the Agency has adopted many ordinances. Some of these have been emergency measures that are only temporarily active, while others have been maintained and revised through time. The FCGMA Ordinance Code (originally adopted by Ordinance No. 8.1 on July 27, 2005, and most recently amended as Ordinance No. 8.3 adopted on July 28, 2010) represents a compilation of, and amendments to, many previous measures enacted by the Agency. A copy of the Ordinance Code is accessible from the FCGMA website [insert hotlink]. Each chapter of Ordinance No. 8.3 addresses different aspects of the FCGMA’s administration efforts. A summary of the Sections or Chapters is presented below.

• Chapter 1.0 – Definitions

: Provides legal definitions for many of the terms used by the Agency. Significantly, this chapter defines three groundwater use-types in the Agency: Agricultural, Municipal and Industrial (M & I), and Domestic.

• Chapter 2.0 – Registration of Wells and Levying of Charges:

Requires registration of wells (or extraction facilities) within the Agency boundary. Also describes methods of reporting groundwater extraction, levying extraction charges, collecting delinquent charges or penalties, and the use of collected fees by the Agency.

• Chapter 3.0 – Installation and Uses of Metering Equipment for Groundwater Extraction Facilities

: Requires that all wells (except domestic-only wells) extracting groundwater must be equipped with water flowmeters and that the meters be calibrated as specified in addendum Board resolutions. The ordinance provides exemptions where meter installations are not possible or practical, such as backup or standby wells, etc.

• Chapter 4.0 – Protection of the Las Posas Basins:

Provides policies and procedures for specific management and protection measures in the East, West, and South Las Posas Basins where the primary Fox Canyon and Grimes Canyon aquifers are exposed at the ground surface (called the aquifer outcrop zone).

• Chapter 5.0 – Reduction of Groundwater Extractions: Provides methods for managing use of groundwater in the Agency through an allocation/credit-based resource allocation system. Ordinance No. 5 also requires scheduled reductions in groundwater pumping, with the objective of reducing extractions to a "safe yield" level of 100,000 AF per year within the Agency by the year 2010.



• Chapter 6.0 – Appeals:

Provides a means for persons aggrieved by decisions/determinations of the Executive Officer to appeal the decisions/determinations to the Board. It also provides a time limit for responses from the Board.

• Chapter 7.0 Severability:

Allows the remainder of the Ordinance to remain in effect if individual portions are found to be invalid or unconstitutional.

• Chapter 8.0 – Penalties:

Provides a means for the Agency to enforce violations of Ordinance No. 8.1 through the administration of fines, surcharges, or court actions.

Most chapters of the FCGMA Ordinance Code have been amended since their initial adoption. In general, amendments to the FCGMA’s Ordinance Code are made to enhance the technical, legal, or administrative effectiveness of the Agency. A table summarizing the history of the adoption of the Agency’s Ordinances can be found on the Agency’s website at http://www.fcgma.org/publicdocuments/ordinances/Ordinance%20Listing.pdf

.

7.2 Appeals of the Executive Officer’s Decisions

The procedures are outlined below

SECTION 1.0: SCOPE OF DECISIONS BY THE EXECUTIVE OFFICER SUBJECT TO APPEAL Any discretionary decision made by the Agency’s Executive Officer or his designee, exercising executive powers enumerated and delegated thereto, pursuant to Agency Ordinance Code No. 8.1 (as amended) may be appealed to the Board of Directors. SECTION 2.0: REQUEST FOR APPEAL - TIMING AND CONTENT OF WRITTEN REQUEST FOR APPEAL The written request for appeal shall be filed with the Clerk of the Board of Directors of the Agency within forty-five (45) days of the date of the Executive Officer’s decision being appealed. The written request shall state clearly and concisely all of the following:

a) A description of the nature, scope, and adverse impact of the decision being appealed.

b) The factual and legal basis for the appeal. The Executive Officer shall make a threshold determination whether or not all relevant information has been provided by the appellant no later than (60) days from the date the written request for appeal is filed with the Clerk of the Board of Directors. SECTION 3.0: APPEAL FILING FEE Pursuant to the statutory authority granted to the Agency under Section 102 of the Fox Canyon Groundwater Management Agency Act (California Water Code Appendix, Section 121-102, et seq.), the Board of Directors hereby establishes a $250.00 appeal filing fee payable to the Agency upon the filing of each written request for appeal.



SECTION 4.0: BOARD DECISION TO HEAR THE APPEAL The Board of Directors shall determine whether or not it will hear the appeal. If the Board does not make an affirmative decision to hear or summarily deny the appeal within 60 days of the date on which the Executive Officer determines that all relevant information has been received, it shall be deemed to have been denied and the appellant’s administrative remedies exhausted. SECTION 5.0: APPEAL HEARING SCHEDULING AND WRITTEN NOTICE If the Board of Directors decides to hear the appeal, it shall fix the date, time, and place of the appeal hearing. Unless otherwise mutually agreed between the Board and the appellant, the Board of Directors shall equitably act on the appeal within one-hundred and twenty (120) days after all relevant information has been provided by the appellant. The Clerk of the Board of Directors shall give not less than (30) days’ advance notice of the date, time, and place of the appeal hearing in writing, to the appellant, either personally or by United States mail, postage, prepaid. If the Board does not hold a hearing on the appeal within the prescribed time, and no agreement is reached with the appellant to extend the time in which a hearing shall take place, the appeal shall be deemed to have been denied and the appellant’s administrative remedies exhausted. SECTION 6.0: APPEAL HEARING PROCEDURES – PRESENTATION OF EVIDENCE AND RECORDING All hearings on appeals shall be recorded on the medium normally used by the Agency to record its regular Board of Directors meetings. Any person desiring to have a hearing transcribed by a stenographic reporter may do so at his/her own expense. SECTION 7.0: APPEAL HEARING – STATEMENT OF LEGAL PRINCIPLES The Chair or a member of the Board shall act as the hearing officer, who shall be responsible for the conduct of the appeal hearing. The hearing officer and/or the Agency Counsel shall make a brief statement of applicable legal principles and rules governing the appeal hearing, and any requirements for those intending to participate in the hearing, and an explanation of the process to be followed in reaching a decision on the appeal. SECTION 8.0 APPEAL HEARING – ORDER OF PROCEDURE Unless the hearing officer decides otherwise, the order for presentation of the matter(s) before the Board of Directors during the appeal hearing shall be as follows:

1. Presentation of the Agency staff report; 2. Presentation of the appellant; 3. Presentations of persons in favor of the appeal; 4. Presentations of persons opposed to the appeal; 5. Appellant’s rebuttal, if any; 6. Closing comments by Agency Staff and/or Agency Counsel; 7. Board discussion and decision



SECTION 9.0 APPEAL HEARING – SWEARING OF WITNESSES All witnesses, including Agency staff, who intend to offer testimony or evidence in the appeal hearing, shall be sworn at the commencement of the hearing or before giving testimony. SECTION 10.0 APPEAL HEARING – RULES OF EVIDENCE Any relevant evidence may be considered in the discretion of the hearing officer if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The hearing officer may exclude irrelevant or redundant testimony and may make such other rulings as may be necessary for the orderly conduct of the proceedings, ensuring basic fairness and a full airing of the issues involved in the appeal hearing. SECTION 11.0 APPEAL HEARING – EXHIBITS AND STAFF REPORT

a) Subject to the conditions stated below, all exhibits, including documentary materials such as photographs, drawings, maps, charts, letters, petitions, and other physical evidence presented at the appeal hearing shall be retained by the Agency as part of the administrative record of the hearing.

b) All exhibits presented during the hearing shall be marked for purposes of

identification. Exhibits presented by Agency staff will be marked in order numerically. Any written Agency staff report presented to the Board of Directors shall be marked as “Exhibit 1” and shall be made available to the public prior to, or at the beginning of, the hearing.

c) Exhibits presented by persons other than Agency staff shall be marked in order

alphabetically. Each exhibit shall also be marked so as to clearly identify materials submitted which are unique to that appeal, and the name, business and/or residential address, and telephone number of the person who presented that exhibit shall also be shown on the exhibit.

d) Scale models and other physical exhibits which cannot be conveniently retained

in the Agency’s case files may be photographed at the expense of, and then released to, the person submitting them. The photograph shall be entered in the Agency’s case file in place of the original physical exhibit, and a notation shall be made on the photograph as to where the original exhibit is located, as well as the name, business and/or residential address, and telephone number of the person who presented that physical exhibit.

SECTION 12.0 APPEAL HEARING – TIME LIMITS AND NUMBER OF WITNESSES The hearing officer may limit the maximum time which a person may testify to avoid repetitious and cumulative evidence. SECTION 13.0 APPEAL HEARING – QUESTIONING OF SPEAKERS The hearing officer, at his/her discretion, may allow: a) Board members, Agency staff, or Agency Counsel to ask questions of the appellant or its witnesses; or b) the appellant to ask questions of Agency staff, Agency Counsel, or its representatives.



SECTION 14.0 APPEAL HEARING – INFORMATION OBTAINED OUTSIDE PUBLIC HEARING

a) After a request for appeal has been filed with the Agency, no member of the Board of Directors shall solicit or receive evidence relating to the matter under appeal outside of the appeal hearing conducted pursuant to applicable Agency Ordinance Code provisions.

b) Members of the Board of Directors shall avoid personal contacts,

correspondence, and telephone calls concerning substantive issues relating to a matter under appeal and shall inform persons contacting them to make their information or objections known in public at the appeal hearing.

c) Any member of the Board of Directors who received evidence outside of the

appeal hearing or has viewed the property mentioned in the appeal, or is familiar with the subject property, shall disclose at the hearing such evidence, his/her observations, and familiarity with the property so that all interested persons may be aware of the information upon which he/she is relying and have an opportunity to respond to such information.

d) Notwithstanding anything herein to the contrary, the Board of Directors or its

designated representative may participate in settlement negotiations or mediation involving the appeal, and the information provided or discussed in settlement negotiations or mediation shall remain subject to Evidence Code Section 1152.

e) Agreements to resolve the appeal which are developed during settlement

negotiations or mediation shall not be deemed final until they are approved by a majority of the Board during a duly scheduled and noticed regular, adjourned, and/or special meeting of the Board of Directors.

SECTION 15.0 APPEAL HEARING – FIELD INVESTIGATIONS The Board of Directors may take field trips to view property or for other purposes relevant to the hearing. All field trips shall be taken as part of a regular, adjourned, or special meeting of the Board of Directors, and all interested parties shall be afforded the opportunity to be present to view the property and hear any reports or comments. A record of the field trip shall be entered into the minutes so the hearing record will indicate that the field trip was taken by the Board of Directors and was taken into consideration as evidence. SECTION 16.0 APPEAL HEARING – DECISION

a) The Board of Directors must have a quorum to act on an appeal, and any action on an appeal shall require the vote of the majority present.



b) A member of the Board of Directors who is absent from any portion of the appeal hearing conducted by the Board of Directors may vote on the matter at the time it is acted upon by the Board provided that he/she: (1) has listened to the audio recording or watched the video streaming for the portion of the appeal hearing from which he/she was absent, (2) has examined all of the exhibits presented during any portion of the hearing from which he/she was absent, and (3) states for the record prior to voting that he/she deems himself/herself to be as familiar with the record and with the evidence presented at the hearing as he/she would have been had he/she personally attended the entire appeal hearing.

SECTION 17.0 APPEAL HEARING – DECISION OF THE BOARD OF DIRECTORS FINAL Any decision(s) made by the Board of Directors on the matters before it during the appeal hearing are conclusive and final.

7.3 Agency Resolutions Resolutions reflect statement of Agency policy and regarding matters that are brought before the Board for consideration and are approved or denied by a majority vote provided a quorum is maintained. Resolutions adopted by the Board typically address specific legal, technical, or administrative goals and objectives the Agency. Resolutions may also authorize contracts, describe policy changes, or simply honor individuals for service to the Agency. Any Board member, Alternate member, or individual from the public audience may suggest a resolution; however, the decision to consider deliberation and final approval action on any proposed resolution is at the sole discretion of the Board. A summary of the resolutions adopted by the FCGMA Board can be found in a numbered listing with each effective date on the FCGMA website at http://www.fcgma.org/publicdocuments/resolutions.shtml.


http://www.fcgma.org/publicdocuments/resolutions.shtml�


8.0 FCGMA COMMONLY USED TERMS Agency

: Means the Fox Canyon Groundwater Management Agency (FCGMA).

Agency Boundary

: shall be as depicted on the map adopted by the Board and recorded as an official record with the County Recorder's Office on January 14, 2002 (Document No. 2002-0009215), and as may be adjusted as provided in the Agency's enabling legislation.

Aquifer

: means a geologic formation or structure that yields water in sufficient quantities to supply pumping wells or springs. A confined aquifer is an aquifer with an overlying less permeable or impermeable layer.

Board

: Means the Board of Directors of the Fox Canyon Groundwater Management Agency (FCGMA).

Conservation

: The management of natural resources such as water, land, etc. to prevent waste, destruction, or neglect. Urban water conservation or water use efficiency includes reductions realized from voluntary, more efficient, water use practices promoted through public education and from state-mandated requirements to install water-conserving fixtures in newly constructed and renovated buildings. Agricultural water conservation or agricultural water use efficiency means reducing the amount of water applied in irrigation through measures that increase irrigation efficiency.

Demand

: Water needed less water saved through conservation efforts (equals the net applied water needed minus the actual water available).

Fox Canyon Groundwater Management Agency (FCGMA)

: An agency created by the California State Legislature by passage of State Assembly Bill No. 2995 on Sept. 13, 1982. This law granted jurisdiction over all lands overlying the Fox Canyon aquifer to control seawater intrusion, protect water quality, and manage water resources. The Agency began operations on January 1, 1983, and is now officially considered a State Special District under authority of the California Water Code, Appendix, Sections 121-102, et seq.

Groundwater

: Water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water.

Groundwater Basin

: A geologically and hydrologically defined area containing one or more aquifers, which store and transmit water yielding significant quantities of water to wells. Includes basins which either all or a portion or portions thereof are located within the Agency Boundary, including but not limited to the Oxnard Plain Forebay Basin, Oxnard Plain Pressure Basin, Pleasant Valley Basin, East Las Posas Basin, West Las Posas Basin, South Las Posas Basin and the Arroyo Santa Rosa Basin, as described in the Groundwater Management Plan.

Groundwater Hydrology

: The branch of geology that deals with the distribution and behavior of groundwater, its occurrence and movements, its replenishment and depletion, the properties that control groundwater movement and storage, and the methods of investigation and utilization of water beneath the surface of the ground. Synonymous with Hydrogeology.

Groundwater Recharge: Increases in groundwater quantities or levels by natural conditions or by human activity.



Groundwater Table (or water table)

: The upper surface of the zone of saturation (all pores of subsoil are filled with water), or the current water level in a well. Synonymous with hydraulic head level or standing water level in an aquifer.

Irrigation Efficiency

: The efficiency of water application or use. Normally computed by dividing evapotranspiration of applied water by applied water and converting the result to a percentage, however as used by the FCGMA it is a special formula available to agricultural irrigators based on computed weather station data provided after the end of each calendar year. An option that acts like a form of extraction allocation.

Lower Aquifer System

(LAS): That land area primarily underlying the Oxnard Plain Pressure Basin or aquifers generally deeper than about 350 feet below ground surface which includes the Hueneme aquifer, the Fox Canyon Aquifer, and the Grimes Canyon aquifer.

Model Calibration:

The process of adjusting the parameters in the groundwater flow computer model until an acceptable agreement is achieved between the simulated hydraulic head values and the measured hydraulic head values at specific well locations.

Municipal and Industrial

(M&I): Refers to water use (generally) by urban customers for human consumption or activities, industrial processes, golf courses, decorative fountains, or landscape irrigations.

Municipal and Industrial (M & I) Provider

: Means person who provides water for domestic, industrial, commercial, or fire protection purposes within the Agency Boundary.

Municipal and Industrial (M & I) Operator

: An owner or operator that supplied groundwater for M & I use during the historical allocation period and did not supply a significant amount of agricultural irrigation during the historical period.

Municipal and Industrial (M & I) User

: Means a person or other entity that used or uses water for any purpose other than agricultural irrigation.

Municipal and Industrial (M & I) Use

: Means any use other than agricultural irrigation.

Overdraft:

The condition of a groundwater basin or aquifer where the average annual amount of water extracted exceeds the average annual supply of recharge water to that same basin or aquifer. Net extractions in excess of a basin’s perennial yield. Prolonged overdraft results when over a span of ten years or more, unmitigated adverse environmental or economic impacts occur, such as seawater intrusion, substantial groundwater quality degradation, land surface subsidence, significant effects on riparian or other environmentally sensitive habitats, or unreasonable interference with the beneficial use of a groundwater basin’s resources

Percolation

: The downward movement of water through soil or alluvium to the groundwater table.

Potable Water

: Water suitable for human consumption without undesirable health consequences. Drinkable water meets or exceeds California Department of Health Services minimum drinking water requirements.

Porosity: The ratio of the volume of voids between particles in a soil or rock sample to the total volume of the sample.



Recharge

: The addition of water from any source into the groundwater system.

Recharge (artificial)

: The infusion of water into an aquifer or groundwater system via settling basins, percolation ponds, recharge trenches, or direct injection through wells designed for such purpose.

Recharge Basin

: A surface facility, often a large pond, used to increase the infiltration of water into a groundwater basin or aquifer usually for the express or intended purpose of recharging groundwater. Also sometimes referred to as a Spreading Basin.

Reclaimed Water

: Treated wastewater or otherwise non-potable water suitable for beneficial uses such as groundwater recharge, wetlands restoration, agricultural needs, golf course, park and other landscape irrigation. Sometimes also referred to as Recycled or Reused Water.

Seawater Intrusion

: A mixing or displacement of fresh water with highly saline water from an ocean or sea that results from the reversal of hydrostatic pressure allowing water flow to be onshore rather than offshore. Can be caused by the overdrafting of aquifers, which also results in the depletion of water supplies and lowering of water levels. Lowering water levels usually also lowers hydrostatic pressure in an aquifer, allowing replacement by seawater.

Specific Storage

: The specific storativity of a saturated aquifer is defined as the volume of water that a unit volume of aquifer releases from storage under a unit decline in hydraulic head.

Storage Capacity

: The maximum amount of water that a groundwater basin can absorb, only a fraction of which is recoverable by wells or groundwater extractions.

Surface Water

: Fresh or saline lakes, reservoirs, bays, harbors, rivers, streams, estuaries, wetlands, or impoundments of water available on the surface of the ground.

United Water Conservation District

(UWCD): An independent special district and wholesale water provider that also administers basin management programs primarily within the Santa Clara River Valley and the Oxnard Plain. Originally established as the Santa Clara River Water Conservation District in 1927.

Upper Aquifer System (UAS)

: The area primarily underlying the Oxnard Plain Pressure Groundwater Basin, which contains the Perched and Semi-Perched aquifers, the Oxnard aquifer, and the Mugu aquifer. The UAS is mainly recharged via the 9.6 square mile unconfined Oxnard Plain Forebay Basin.

Water Level

: The water surface elevation in an unconfined aquifer, or the piezometric head level or elevation in a confined aquifer, usually measured relative to existing ground surface or in reference to mean sea level.

Water Quality

: A term used to describe the chemical, physical, and/or biological characteristics of water with respect to its suitability for a particular use.

Water Well Ordinance No. 4184: The Ventura County Groundwater Conservation Ordinance which was originally adopted by the Board of Supervisors in October 1970 and revised in 1979, 1984, 1985, 1987, 1991and most recently in May 1999. The main purpose of the ordinance is to ensure that all new or modified water wells, cathodic protection wells and monitoring wells are drilled by licensed water well contractors and are properly sealed so that they cannot serve as conduits for the movement of poor quality or polluted waters into useable aquifers or be hazardous to people or animals.



Watershed

: An area of land or a physical system of streams, hill slopes, valleys and surface runoff networks that drain to a lowest common point or place. Watersheds can vary in size, and every stream, tributary, or river has an associated watershed.

Well Owner

: A person who owns a groundwater extraction facility. Ownership shall be determined by reference to whom the extraction facility is assessed by the County Assessor, or if not separately assessed, the person who owns the land upon which the extraction facility is located



9.0 INDEX

UNDER CONSTRUCTION

i California Department of Water Resources, 2003. Bulletin 118, California’s Groundwater Resources, Sacramento, 246p.


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