February 3, 2003

Regular Board Meeting

Monday, February 3, 2003

Time: 2:00 P.M.

Place: Board Room

29300 Valley Center Rd.

Valley Center, CA 92082

The Valley Center Municipal Water District Board of Directors’ meeting was called to order by

President Broomell at 2:00 P.M.

Board members present were: Directors Broomell, Polito, Aleshire, and Haskell. Director Stone

was absent. Staff members present were: General Manager Arant, General Counsel Cowett,

District Engineer Jewell, Director of Operations Dacus, Director of Finance Jeffrey, Project

Manager Williams and Board Secretary Stetson.

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2. Mid-Year Status Report of the Strategic Plan Specific Goals and Fiscal Year 2002-2003

Budget Objectives:

A mid-year status report of the 2002-2004 Strategic Plan Specific Goals and Fiscal Year

2002-03 Budget Objectives was reviewed which reported that of the 72 projects and

programs, 29 have been completed and 29 are underway and expected to be completed by

the end of Fiscal Year 2002-2003. Eight projects are under the control of an outside agency

or timing is determined by the progress of private development projects with 6 being multiyear

projects. The projects and programs that are either complete or completion anticipated

by the end of the current fiscal year are 90.6% of all objectives controlled by the District.

In response to Director Haskell’s query regarding the status of the SCADA System, staff

explained that the SCADA pilot systems at 4 facilities have been running successfully with

data being collected for evaluation and development of recommendations concerning SCADA

facilities for the Fiscal Year 2003-2004 budget.

3. Draft Code of Ethical Practices:

As set forth in the District’s Strategic Plan, a specific goal is to develop, adopt and implement

an ethics policy for the District. A draft Code of Ethical Practices was developed by staff after

reviewing several other agencies’ ethics policies that were rewritten or edited to more

appropriately represent the District.

As proposed, the draft Code would apply to the Board of Directors, General Manager and all

staff members. General Manager Arant noted that enforcement of the Code for Board

members would be through censure by the other Board members. Action against the General

Manager would be as provided for in the current employment contract with the District.

Implementation of the Ethics Code violation and penalty provisions for the remaining staff

requires initiating a meet and confer process with the employees to include violation of the

Ethics Code as being subject to disciplinary action.

The draft Code of Ethical Practices, as proposed, contains five sections including a Preamble,

General Statement of Policy, specific standards for the Board of Directors and the General

Manager and a section addressing violations and penalties.

Director Aleshire voiced that the provisions of the District’s Ethics Policy should universally

apply to all employees as well as Board members rather than a general statement for

employees and specific provisions affecting the Board Members and General Manager. He

added that most of the provisions could be included in a policy’s general statement. Review

of the draft Ethics Code continued in which its effectiveness, implementation procedures and

compliance practices were discussed.

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9. Revisions to the Brown Act:

General Counsel Cowett reported that recent revisions to the Brown Act include the provision

that a person may not disclose defined confidential information acquired during a closed

session unless authorized by the legislative body. Penalties for a violation of this regulation

include referral to the grand jury.

10. San Diego County Water Authority’s Board of Directors’ Meeting:

General Manager Arant reported that upon conferring with negotiating members of the

proposed San Diego County Water Authority - Imperial Irrigation District water transfer, the

consensus is that an agreement for the water transfer has not been executed due to the

exorbitant mitigation costs for the Salton Sea. Proposition 50 funds have been allocated, but

no agency or the state is willing or financially able to commit the additional funds needed for

environmental issues that will need to be addressed.

11. Urban Water Institute Workshop:

Director Aleshire stated he had attended the Urban Water Institute’s workshop on Basin

Plans and Urban Runoff held January 30th-31st. A presentation on the Clean Water Act

addressed total daily maximum loads (TDMLs) to be established for water bodies throughout

the United States. In the United States, 20,000 water bodies have been identified in which

it is estimated there are 36,000 TDMLs that will need to be established. Within California,

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there are 1,477 TDMLs that are being evaluated of which 130 have been completed.

Computer models have been developed to assist with establishment of the TDMLs, as well

as the cost benefit analysis that must be created.

12. A Closed Session was called by President Broomell at 3:50 p.m. pursuant to:

• Government Code §54956.9(a), Conference with Legal Counsel - Existing Litigation.

Name of Case: Sweetwater Authority, et al. v. Dynegy, Inc., et al.

San Diego County Superior Court Case GIC 760743

• Government Code §54956.9(a), Conference with Legal Counsel - Existing Litigation.

Name of Case: Rincon del Diablo Municipal Water District, et al. v. San Diego County

Water Authority, et al.

San Diego County Superior Court Case No. GIC798230

The Regular Board meeting was reconvened at 3:55 p.m. No action was reported.

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