There were no comments made during public forum.

ENGINEERING/DISTRIBUTION/TREATMENT                                                              SECTION 5

A.    ROMERO RESERVOIR WATER LINE PROJECT, ACCEPTANCE OF EASEMENT         FROM MRS. CONSTANCE FEARING, 777 ROMERO CANYON ROAD.

Mr. Dan Reicker, legal counsel for Mrs. Constance Fearing and Sam Holdroyd, architect for Mrs. Fearing, attended the meeting. Manager Adjarian stated that the District had been unable to obtain signatures on the easements for the property at 777 Romero Canyon. Mr. Amspoker, MWD Legal Counsel, stated that a Resolution of Necessity was before the Board of Directors for initiating the requisite proceedings for condemnation to protect the District’s authority to proceed in case the easement document was not signed by Mrs. Fearing. Mr. Reicker said that he had not been able to get in touch with Mrs. Fearing, and did not know exactly when Mrs. Fearing would be able to sign the easements. Mr. Reicker hoped to be able to deliver the signed easements within the next 10 days or so. Mr. Reicker recommended that District Counsel proceed with the process and that he would try to obtain Mrs. Fearing’s signature in the meantime. Director Wilson asked if there had been ample contact with Mrs. Fearing prior to the Special Board meeting to obtain her signature. Staff affirmed that the District had been talking with Mrs. Fearing for a number of years about this very issue. In particular, she had been apprised directly of the possibility of eminent domain action by MWD in the event she did not sign the easements.

Mr. Holroyd stated he had just seen Mrs. Fearing three days prior. He mentioned that he had been working with Engineering Manager Mosby and Mr. Amspoker to determine the cost to put in a road to hold heavy equipment. Mr. Holroyd said it was only usable as a jeep track at the present time. Counsel Amspoker said that reconfiguring the road would require an amendment to the easement. He said that the current easement is located under the access road, and that this access road is not necessary for the District’s needs. Mr. Mosby indicated that construction could begin within a month, with an estimated three month construction period. Director Abel expressed concern about any additional delays and noted that adequate notice had been given to Mrs. Fearing. Director Wilson questioned Counsel Amspoker why the Resolution of Necessity did not contain more details about the project history. Counsel Amspoker noted that this additional information was not necessary to satisfy the legal record. The Resolution of Necessity, as presented, was legally sufficient. Manager Adjarian pointed out that the minutes of the Board meeting would serve to provide adequate documentation to satisfy the administrative record regarding the proposed action under consideration by the Board.

Manager Adjarian also observed that with the additional time delays, the project contractor would not be able to start until mid April at the earliest. Assuming no rain delays, the project would likely not be completed and on-line until mid to late August. With the completion of the pump station at this point in the water year, shortages to District customers especially in the upper reaches of MWD’s service area would have already occurred. Staff would then be required to coordinate water cutbacks among the District’s larger water consumers, and also attempt to address complaints from other customers inconvenienced by these temporary shortages. Counsel Amspoker noted that the proceedings could be stopped at any time if signatures were obtained from Mrs. Fearing in a reasonably timely manner.

Following lengthy discussion, a motion was made by Director Abel, seconded by Director Wilson and unanimously carried to approve Resolution No. 1893, Resolution of Necessity to Condemn Underground Water Pipeline Easement; Make Finding and Determinations; Authorize Eminent Domain Proceedings and Application for Possession Prior to Judgment; Draw and Deposit Warrant.

There was extended Board discussion on when to direct Legal Counsel to implement the resolution. Counsel Amspoker noted that the District could take possession of the property in about 30 days or---depending upon circumstances---as short as three days Mr. Mosby expressed concerns about further delays because the project would resolve on-going problems associated with the high water demand on the MWD Highline during warmer weather. Specifically, Director Abel said she would like to proceed with this immediately. Mr. Reicker said he understood why the Board was skeptical about Mrs. Fearing signing the easement. However, he indicated that the Board might circumvent excess attorney’s fees if they waited to start the proceedings for approximately 10 days. It was the general consensus of the Board to proceed with this project immediately.

GENERAL MANAGER’S REPORT                                                                                SECTION 11

Manager Adjarian reminded the Board that there would a public meeting on Thursday, March 16, 2000 at 2:00 p.m. at the City of Santa Barbara’s Public Works Department for Water Commissioners, Directors and City Council members regarding South Coast Conduit Operations. Mr. Adjarian also reminded the Board about the Board’s next workshop on March 22^nd at 8:30 to 1:30 p.m.

Manager Adjarian further noted that the next regular Board meeting would be on March 21^st. The Board had previously discussed and agreed conceptually in late January to changing meeting dates from the third Tuesday of the month to the second Thursday. This would facilitate the Board’s ability to continue the meeting to the following Tuesday---if necessary---within the bounds of the Ralph M. Brown Act. Manager Adjarian indicated that it was his understanding that the Board did not wish to discuss potential changes to its meeting schedule until after a new Director had been selected. Director Abel requested that an item regarding changing the meeting day be placed on the March 21, 2000 Board agenda.

The Board in consultation with Legal Counsel determined that a closed session was not necessary at this time.

There being no further matters to come before the Board at this time, the meeting was adjourned at 4:00 p.m.

Approved:

_____________________________
Robert W. Puddicombe, President

Attest:

_____________________________
Fred. J. Adjarian, Secretary