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Resolution Number CVWD 96-10-15-6RESOLUTION NO. 96-10-15-6 A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AND THE CAPISTRANO VALLEY WATER DISTRICT REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION TAKE PROCEEDINGS FOR THE MERGER OF THE CAPISTRANO VALLEY WATER DISTRICT WITH THE CITY OF SAN JUAN CAPISTRANO WHEREAS, the City of San Juan Capistrano and the Capistrano Valley Water District desire to initiate proceedings pursuant to the Cortese -Knox Local Government Reorganization Act of 1985, commencing with Section 56000 of the California Government Code, for the merger of the Capistrano Valley Water District with the City of San Juan Capistrano; and, WHEREAS, the Capistrano Valley Water District is an existing subsidiary district of the City of San Juan Capistrano; and, WHEREAS, the territory proposed to be merged is inhabited and is depicted on a map of the affected area provided as Exhibit A, which is on file in the office of the City Clerk; and, WHEREAS, reorganization of the three territories, as shown on Exhibit A, is necessary to align City boundaries with the Moulton Niguel Water District; and, WHEREAS, the proposal will require a determination of a zero sphere of influence for the Capistrano Valley Water District; and, WHEREAS, it is desired that the proposed merger be subject to the following terms and conditions: The merger will become effective July 1, 1997. 2. A service agreement with the City of Dana Point will be completed prior to the effective date of the merger to provide for continuation of water service to the area of Dana Point served by the District; and, WHEREAS, the reasons for the proposed merger are as follows: 1. To eliminate the duplication of certain functions now performed by both agencies; 2. To provide the opportunity for better coordination of new development processing, environmental review and infrastructure planning; 4- 3. To provide more visibility and opportunity for public involvement by incorporating water issues into regular City Council meetings; and, WHEREAS, this City Council and Board of Directors certifies that the proposed merger is categorically exempt in accordance with provisions of the California Environmental Quality Act, Section 15320. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano and the Board of Directors of the Capistrano Valley Water District that this Joint Resolution is hereby adopted and approved, and that the Local Agency Formation Commission of Orange County is hereby requested to take proceedings for the merger of the City and District and the reorganization with the Moulton Niguel Water District for the three territories shown on Exhibit A, according to the terms and conditions stated above and in the manner provided by the Cortese - Knox Local Government Reorganization Act of 1985. PASSED, APPROVED, AND ADOPTED this 1Sth day of October J996. S, CHADUVIAN OF THE BOARD9 F4 ATTEST: /CLERK OF HE-19OARD OF DIRECTORS -2- MM • /_ �.� ATTEST: WIR�W, � W 1; O.M.. ILE �.J r-) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 96-10-15-6 adopted by the City Council of the City of San Juan Capistrano, California, and the Board of Directors of the Capistrano Valley Water District, at a regular meeting thereof held on the isth day of October , 1996, by the following vote: AYES: Council Members Jones, Nash, Swerdlin, Campbell and Mayor Hart Directors Nash, Swerdlin, Hart, Campbell and Chairman Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOHMONXITY CLERK -3-