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CAPISTRANO VALLEY WATER DISTRCT'"1 0 0 OPERATIONS AND MAINTENANCE AGREEMENT This Operations and Maintenance Agreement (hereinafter "Agreement") is made this day of :f� 1 1997, by and between the CITY OF SAN JUAN CAPISTRANO (hereinafter "City"), and the CAPISTRANO VALLEY WATER DISTRICT (hereinafter "District"). RECITALS: WHEREAS, District desires to retain the management and operation services of City to operate District governmental functions on a day-to-day basis; and WHEREAS, District is a water district formed and organized under Water Code Sections 55000, et seq.; and WHEREAS, District is empowered to contract for a wide variety of services to meet its statutory functions and duties; and WHEREAS, City possesses the administrative and operational expertise to provide day-to-day operations on behalf of District, and WHEREAS, City and District find and determine that City, acting as an independent contractor, on behalf of District will provide operational and management efficiencies not previously available to District, NOW, THEREFORE, be it resolved between City and Agency as follows: Section 1. Scope of Work. City shall assume all responsibilities of direct management and control in carrying out all of the governmental and propriety functions of District (as set forth in Water Code sections 55000 et seq.) under this operations and maintenance agreement to the extent permitted by law. More particularly, the Scope of Work to be performed by City on behalf of District shall be the scope of work as identified in Exhibit A, attached and incorporated herein by reference. c:\wpwi1160\wp&m\watcr\opemte.ag -1- 07/01/97 Section 2. Handling of Assets and Liabilities. Under this independent contractor agreement, all assets and liabilities of District shall continue to be the assets and liabilities of District, except as provided for in this Agreement. Assets, including but not limited to District revenue, shall be managed and controlled by City, so as to enable City to perform all of the Scope of Work identified in Exhibit "A". Section 3. Term and Termination. The term of this Agreement shall commence upon the date of its execution and continue until mutually terminated by the parties. Section 4. Reimbursement to City. (a) In consideration of the services provided by City, District shall reimburse City for its overhead and related expenses in performing the Scope of Work set forth in Exhibit "A". The Parties shall, following execution of this Agreement, agree upon exact financial costs and reimbursement formulae to implement this section of the Agreement. (b) In addition, District and City agree that no sooner than one year from execution of this Agreement, the City and District will jointly conduct a study to determine what other expenses have accrued, or will accrue, to City by reason of the impacts District's water operations will have on City -owned facilities. Section 5. Independent Contractor. It is agreed that City shall act and be an independent contractor and not an agent or employee of District. Section 6. Compliance with Law. City shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 7. Transfer of District Employees. The parties intend that current District employees be transitioned to the City work force such that said employees will become employees of City. The terms and conditions of said transition are set forth in Exhibit "B", attached and incorporated herein by reference. c:\wpwin60\wpdoc water\operate.agr -2- 07/01/97 Section 8. Indemnity. City agrees to protect, defend and hold harmless District and its appointed officials from any and all claims, liabilities, expenses, or damages of any nature, including attorney's fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by City arising out of or in connection with City's, its agents, employees and subcontractors, performance of its obligations under this Agreement, except that this indemnity does not apply as to: 1)liability that does not arise out of premises or operations under the direct management and control of City, and 2) liability that arises out of the sole negligence of any person or organization other than City, or Protected Parties, as that term is defined in City's JPIA insurance pool agreement. Section 9. Insurance. (a) City shall maintain adequate levels of general comprehensive liability, auto, and fire insurance coverages through the Southern California Joint Insurance Pool with respect to the performance of its obligations under this agreement to the extent permitted under the "protected contract" provisions of the City's JPIA insurance pool agreement. (b) To the extent that City cannot obtain insurance coverages with respect to potential liability of District and its appointed officials, then District shall obtain appropriate levels of liability insurance coverage to insure that there are no uninsured activities of District under this agreement. Section 10. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Administrative Services cAwpwwM\wpdo \wat"\operaW.agr -3- 07/01/97 To District: Capistrano Valley Water District 32450 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director Section 11. Delegation of Powers. To the extent permitted by law, District hereby delegates all administrative powers and quasi -legislative powers to City to carry out the objectives of this Agreement, namely, that City be empowered in the most efficacious manner possible to administer the governmental functions of District on a day-to-day basis. Section 12. Entire Aereement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above. CITY OF SAN JUAN CAPISTRANO By: �✓���' David M. Swe dlin, Mayor ATTEST: Cheryl Johr on, City Clerk APPROVED AS TO FORM: Q CY-- John R Shaw, City Attorney «\wpwu�60\wpdoce\water�opecate.ag 07101197 CAPISTRANO VALLEY WATER DISTRICT By: Ray Auerbach, beneraI Manager ATTEST: eorg'Ann Scott, Board Secretary APPROVED AS TO FORM: John R. Saw, District Counsel cAwpwm60\wpd—\waWriopwate.agr -5- 07/01/97 0 0 190.4:trIIWr_� SCOPE OF WORK Operations and Maintenance Agreement The City of San Juan Capistrnao shall perform basic District governmental propriety functions required of District under Water Code Sections 55000 et seq, and shall in addition utilize the following performance standards as guidelines in carrying out the day-to-day functions of the District: ADMINISTRATION • Plan, organize and direct the operation, maintenance, capital improvement and replacement programs of the CVWD in accordance with all governing provisions of state and federal law and provide the same or enhanced levels of service as currently provided by CVWD. • Maintain active participation with the Municipal Water District of Orange County (MWDOC), all local and state water agencies, local and regional water associations and committees and work cooperatively to affect intergovernmental agency participation. • Continue active participation in Joint Powers Authorities (San Juan Basin Authority and South Orange County Reclamation Authority) to affect optimum use of local groundwater supplies and to optimize the use of non -potable and reclaimed water in District. • Maintain compliance with federal, state and local agency mandates including water quality, preparation and update of plans and reporting to state agencies. • Prepare annual budget proposal and five (5) year projections for the Water Enterprise Fund and sub -funds. • Provide staff support to the Water Advisory Commission and prepare meeting agendas, take minutes of meetings and convey recommendations to the City Council. • Comply with the Political Reform Act, Government Code Section 87100 et. seq. • Maintain official minutes of CVWD Board of Directors meetings. • Maintain and provide telephone, facsimile and modem services. ACCOUNTINGBANKINGBUSINESS • Select, maintain and operate computer systems for applications such as utility billing, accounting, word processing, desk top publishing, spreadsheets, CAD, GIS, database management and backflow program. Exhibit "A" `R • Perform all accounting and related bookkeeping services. • Issue monthly budget report. Issue monthly financial statements. • Conduct all banking services. • Conduct all investment services with earnings allocation. Provide all necessary insurance coverage. • Provide all payroll and personnel related services. • Manage the issuance and control of purchase orders. • Provide and arrange for audit services. WATER CONSERVATION • Continue management of CV WD's water conservation program following the guidelines of the CVWD Urban Water Management Plan (UWMP) and the California Urban Water Conservation Council's (CWWCC) Best Management Practices (BMPs). Update the CVWD UWMP and report on progress on BMPs as required by the California Department of Water Resources and the CWWCC. PUBLIC AFFAIRS • Maintain CVWD's current Public Affairs program including periodic news releases, bill stuffers, annual water quality report and participation in MWDOC's Public Affairs Workgroup and School Education Program. CUST MER SERVICE ENHANCEMENT • Provide training to new and existing employee to enhance the levels of customer service. Continue monthly customer service surveys, followup and employee feedback to promote enhanced customer service and identify problem areas. WATER BILLING AND CUSTOMER SERVICE PROGRAM • Maintain the current schedule of monthly meter reads by contract with SDG&E, monthly billings and payment processing, at a minimum, maintain current bill content. Exhibit "A" Ste • Maintain tiered rate billing system and investigate addition of commercial and industrial customers to the tiered rate system. • Maintain current investigations of over -reads, under -reads, no reads, unusual bills and customer complaints including followup with customer. • Continue use of reminder bills and turn-off notices prior to shut-off for non-payment. • Perform request and delinquent turn -ons and shut -offs of water service orders. • Maintain a collection procedure for delinquent accounts through tracing and contacting customers and maintain a "write-off' percentage goal of less than 0.25 percent (1/4%). • Investigate automated bill payment through local banks. • Maintain office hours of 8:00 AM through 5:00 PM, Monday through Friday, excluding holidays, and maintain a payment drop box for after hours payment of bills. EMERGENCY PREPAREDNESS PROGRAM • Provide twenty-four (24) hour, on-call response to emergency calls within forty-five (45) minutes. Provide after-hours water turn -on services. Integrate CVWD personnel and operations into the City's Emergency Preparedness Program by December 31, 1997. Maintain the Volunteer Emergency Preparedness Organization (VEPO) emergency radio system and actively participate in VEPO activities with other Orange County water agencies including participation in disaster exercises. TECHNICAL SERVICES • Process and conduct Underground Service Alerts (USA) for field marking of water facilities. Process requests for marking of other utilities prior to water repairs and construction, Maintain and implement South Coast Air Quality Management District requirements. Maintain or obtain discharge permits under both the California Regional Water Quality 0 • Exhibit W -4- Control A - Control Board (Santa Ana Region) and the Orange County Environmental Management Agency requirements. • Review proposed City projects, utility projects and proposed developments for impacts to the water system and its customers. • Inspect all projects which do, or may have, water related impacts. • Complete the development of the Geographic Information System (GIS) program and maintain updated information on water system facilities. • Perform project administration and inspection for various water improvement and replacement projects. • Provide technical review and support for the operations and maintenance activities of the water system including assistance during emergencies. • Complete the Master Plans for the District's potable and non -potable water systems by December 31, 1997. • Prepare, maintain and modify design standards, standard drawings, specifications and procedures. WATER QUALITY • Ensure that the District's water meets or exceeds all applicable water quality standards imposed by the California Department of Health Services (DOHS) and the Environmental Protection Agency (EPA). • Manage the District's water sampling program to meet DOHS requirements. • Operate the water blending facility at Hollywood Well No. 2 to ensure water introduced into the distribution system meets all applicable standards. • Review all water sampling test results and prepare all required reports for submission to DOHS. • Facilitate and assist with routing DOHS inspections. • Produce and distribute the annual water quality report as required by DOHS. • Investigate all water quality complaints, take appropriate action and provide feedback to Exhibit "A" -5- the 5 - the customer. CROSS CONNECTION PROGRAM • Maintain a Cross Connection Program, as mandated by DOHS, including, but not limited to, the following: • Conduct water system analysis of proposed new connections to the water system for cross connections and backflow prevention device requirements • Review of plans and/or site inspection must be conducted for new connections to determine the degree of hazard prior to requirement of a backflow prevention device for meter protection. • Inspect installation of backflow prevention devices. Installation shall be in accordance with CVWD specifications. • Cooperate with Orange County Health Services, Cross Connection Survey Program to further their efforts of commerciallindustrial internal inspections. • Notify customers, maintain records, files and technical standards on State regulated requirements to ensure compliance with annual testing of backflow devices. WATER PRODUCTION • Operate, maintain and repair all wells, reservoirs, pumping stations, pressure reducing stations, imported water connections and related production facilities as follows: • Conduct and program automated operation of CVWD wells, booster pumps and reservoirs with the use of the Supervisory Control and Data Acquisition System (SCADA). • Operate the water system within the current water pressure and reservoir level parameters. • Maintain adequate storage capacity in reservoirs to ensure fire protection and system demand. • Conduct repairs of all facility equipment and appurtenances in a timely and responsible manner to maintain maximum booster and well production capacity. 0 Exhibit "A" n LJ • Respond immediately to all facility emergencies generated through the SCADA alarm system and problem reports from the public. • Maintain an Engine Maintenance Program including all appurtenances in accordance with standards as recommended by the manufacturer and CVWD's established program. • Maintain an Automated Valve Program in accordance with standards as recommended by the manufacturer and CVWD's established program. • Document, update and implement safety procedures and regulations including OSHA and Confined Space Entry procedures. Participate in monthly safety meetings. • Maintain a Motor Maintenance Program including adjustment, lubrication and maintenance of motors, exhaust fans, security lighting, and miscellaneous motor drive equipment at water production facilities in accordance with standards as recommended by the manufacturer, and CVWD's established program. • Perform vehicle maintenance on all CVWD vehicles in accordance with manufacturers recommendation. • Provide landscape maintenance and weed abatement for all CVWD property and facilities • Maintain all CVWD buildings in an acceptable condition including plumbing, electrical and lighting, structural, painting and related work. WATER DISTRIBUTION • Maintain, repair and install water mains, fire hydrants, water meters and water services including, but not limited to the following. • Locate and exercise valves per for following schedule: • 12 -inch and larger, annually • Smaller than 12 -inch, every three (3) years • Exercise all wet barrel hydrants every two (2) years • Exercise all dry barrel hydrants every year Exhibit "A" 7 - Replace meters as required to maintain accuracy and readability. • Operate and maintain air and vacuum valves throughout the water system in accordance with standards as recommended by the manufacturer. • Repair all leaks on water mains and services in a timely manner with as little disruption to customers as practical. • Replace leaking plastic services with new copper services. • Document, update and implement safety procedures including OSHA and confined space entry procedures. Participate in monthly safety meetings. P:WDMtN\b[ERGER\O&.MEXBA WPD .r EXHIBIT "B" TRANSFER OF EMPLOYEES Operations and Maintenance Agreement As of the effective date of this agreement, each and every Capistrano Valley Water District (CVWD) employee, below the level of General Manager, shall become an employee of the City of San Juan Capistrano (City). The terms and conditions of employment of the transferred employees shall be governed by the existing and applicable Memoranda of Understanding between the City and respective employee associations, provided however, that said employees shall be given credit for seniority for lay-off purposes, all earned benefits shall be transferred, and accrual rates for benefits shall be retained as if all years of service at the CVWD were at the City. The City agrees to preserve existing, earned and vested severance pay as of June 30, 1997, for all Capistrano Valley Water District employees, as follows: 2. Subject to concurrence by the Orange County Retirement System ("OCRS"), it is the City's intent that the benefits set forth in the District's "Agreement for Supplemental Benefits" with OCRS (District/OCRS Agreement") remain in effect and be incorporated into the City's Agreement with OCRS, (which agreement is still being negotiated and relates to supplemental benefits funded by a portion of the Vested Severance Employee Name Benefit on 6/30/97 Ando, Stacie $ 6,476.61 Ando, Steve $ 5,894.70 Bauman, Eric $ 7,250.70 Best, John $25,070.59 Boessler, Harry $15,887.74 Brady, Karen $ 1,108.33 Brand, Neil $ 9,936.56 Clark, Bob $15,230.74 David, Conrad $ 6,574.78 Ducharm, Donna $ 4,720.62 Harris, Craig $ 4,882.74 Johnson, Tom $ 3,042.66 LaMothe, Jay $10,662.76 Martinez, Angel $ 172.84 Romero, Jeff $ 4,890.03 Scott, Georg'Ann $ 7,706.97 Smith, Mike $ 5,622.28 Vaughn, Ray $ 8,119.65 Vasquez, Rueben $29,395.82 Villalpando, Manny $13,281.61 Widner, Jim $ 7,830.60 Williams, Greta $ 4,536.66 2. Subject to concurrence by the Orange County Retirement System ("OCRS"), it is the City's intent that the benefits set forth in the District's "Agreement for Supplemental Benefits" with OCRS (District/OCRS Agreement") remain in effect and be incorporated into the City's Agreement with OCRS, (which agreement is still being negotiated and relates to supplemental benefits funded by a portion of the Exhibit "B" Operations and Maintenance Agreement Page 2 "Remaining Transferred Funds" referred to in the District/OCRS Agreement). In furtherance of that intent, the District Additional Benefit Account ("DABA") shall be transferred to the City's Additional Benefit Account when agreement is reached between City and OCRS, for the purpose of funding the District employee's supplemental benefits after transfer to City employment. Until the City and OCRS reach agreement for supplemental benefits for City employees, City and District agree that City shall be considered to be District's successor with respect to the DABA and District employees eligible to receive the supplemental benefit shall receive it from the DABA; provided, however, that years of service as City employees shall not be used to calculate the supplemental benefit unless and until provided for in the City's Agreement with OCRS. 3. The City will retain its Retiree Health Benefit until such time as implementation of an Agreement for supplemental benefits between the City and OCRS. The City also recognizes that the Retinae Health Benefit is important to its retirees and has agreed to investigate alternative health coverage options that would cover retirees without as severe an impact on rates or overall ability to insure. 4. The City shall pay the costs of required memberships and certifications, for all employees, including the District Engineer's registration and the costs associated with maintaining a Notary Public. Required memberships and certifications shall be those required as a condition of employment by the City. z The City shall modify its rules on overtime to pay double time after 12 hours work in one day. 6. The City shall make changes to the Personnel Rules and Regulations to clarify that the City's practice is to calculate pay in 15 minute increments. 7. The City shall conduct a survey of CVWD positions which seem similar to City positions, for consistency of duties and salary. 8. Employees hired by the CVWD prior to April 1, 1986, were exempt from Medicare tax. Upon transfer to City employment those employees will lose their exemption from Medicare taxes, pending IRS ruling presently being sought by the City. In the event that the City of San Juan Capistrano enters into negotiations with a private provider of water services, the City agrees to include in those negotiations issues associated with the transfer of employees from City to private employment, including, but not limited to, benefits and terms and conditions of employment. • R096-15 RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION OF ORANGE COUNTY, CALIFORNIA MAKING DETERMINATIONS AND APPROVING A ZERO SPHERE OF INFLUENCE FOR THE CAPISTRANO VALLEY WATER DISTRICT, AND THE MERGER OF THE CAPISTRANO VALLEY WATER DISTRICT AND THE CITY OF SAN JUAN CAPISTRANO September 2, 1998 On motion of Commission Huntley, duly seconded and carried, the following resolution was adopted: WHEREAS, the proposed merger of the Capistrano Valley Water District and the City of San Juan Capistrano, designated as "City of San Juan Capistrano and Capistrano Valley Water District Reorganization" - (R096-15), in the County of Orange was heretofore filed with and accepted for filing on June 3, 1998 by the Executive Officer of this Local Agency Formation Commission pursuant to Title 5, Division 3, commencing with Section 56000 et seq of the Government Code; and WHEREAS, the Executive Officer, pursuant to Government Code Section 56838 set September 2, 1998 as the hearing date of this proposal; and WHEREAS, the Executive Officer, pursuant to Government Code Section 56833 has reviewed this proposal and prepared a report including her recommendation thereon, and has finnished a copy of this report to each person entitled to a copy; and WHEREAS, the proposal consists of the merger of the Capistrano Valley Water District and the City of San Juan Capistrano and the designation of the City as the successor agency to the District; designation of a zero sphere of influence for the Capistrano Valley Water District, annexation of parcels 1 and 3 to the Moulton Niguel Water District, annexation of parcel 4 to the South Coast Water District, and a request for approval of an out -of -agency service agreement for parcel 2; and WHEREAS, this Commission at a hearing held on September 2, 1998 considered the proposal and the report along with the proposal and report of the Executive Officer, and considered the factors determined by the Commission to be relevant to this proposal, including, but not limited to, factors specified in Government Code Section 56841; and Resolution No. R096-15 WHEREAS, this Commission called for and held a public hearing on the proposal on September 2, 1998, and at the hearing, this Commission heard and received all oral and written protests, objections and evidence which were made, presented or filed, and all persons present were given an opportunity to hear and be heard with respect to this proposal and the report of the Executive Officer; and WHEREAS, the Executive Officer determined that the project is categorically exempt from the California Environmental Quality Act (CEQA) as a reorganization of local government not changing the geographical area in which previously existing powers are exercised (Class 20; State CEQA Guidelines Section 15320). NOW, THEREFORE, the Local Agency Formation Commission of the County of Orange based on the findings, discussion and conclusions set forth in the Executive Officer's report, which is incorporated herein by this reference, DOES HEREBY RESOLVE, DETERMINE and ORDER as follows: Section 1. The sphere of influence of the Capistrano Valley Water District is hereby amended to a "zero" designation, and the attached Statement of Determinations is hereby adopted. Section 2. The merger of the Capistrano Valley Water District and the City of San Juan Capistrano is hereby approved, subject to the following terms and conditions contained herein: a) The effective date shall be the date of recordation. {Govt. Code Sect. 56844(p)). b) A signed agreement between the City of San Juan Capistrano and the successor agency to the South Coast Water District shall be submitted to LAFCO. The agreement shall address the provisions governing and regulating the continued provision of water service to Parcel 4, the area located in the City of Dana Point and currently served by the CVWD (Govt. Code Sect. 56844(v)). C) The City of San Juan Capistrano shall submit to LAFCO a signed agreement between the City of San Juan Capistrano and property owner of Parcel 2, the Schuller Ministries, regarding the provisions governing and regulating the provision of water service to Parcel 2 through an out -of -agency contract. d) The MoultonNiguel Water District shall submit to LAFCO a resolution requesting annexation of Parcels 1 and 3. LAFCO shall agree to waive its fees for the Resolution No. R096-15 2 0 0 processing of the annexations (Govt. Code Sect. 56844(v)). e) The City of San Juan Capistrano shall be the successor agency to the functions, assets (including cash on hand and monies due but uncollected), liabilities, debts, contracts, obligations, enforcement and responsibilities of the CV WD. Funds held in trust by the C V WD for a prescribed purpose shall only be used by the successor for said prescribed purpose. All delinquent fees, charges and any other collection or assets which accrue shall accrue and be transferred to the successor agency. Any assessment levied on behalf of the C V WD or any bills or statements rendered by or on behalf of the CVWD shall continue to be a debt or obligation of the of the person or property against whom they were levied, assessed or rendered unless relieved by the City of San Juan as successor agency prior to the recordation date (Govt. Code Sect. 56844(m)); f) All real or personal property and appurtenances held by the CVWD as of the effective date of this reorganization shall be transferred to the successor agency {Govt. Code Sect. 56844(h)); g) The successor agency has the discretionary authority to impose and collect all charges, fees and or assessments previously approved by the CVWD. Nothing in these terms and conditions shall be deemed to limit the ability of the City Council of the City of San Juan Capistrano to establish and levy charges, fees and/or assessments as it determines necessary {Govt. Code Sect. 56844( t)); h) LAFCO shall retain jurisdiction prior to issuance of the certificate of completion to hear and amend, if necessary, any terms and conditions that require agreement between parties {Govt. Code Sect. 56844( v)). Section 3. The territory subject to the reorganization includes the entire area of both the Capistrano Valley Water District and the City of San Juan Capistrano, and is found to be inhabited. Said territory is found to be in the County of Orange and is assigned the following distinctive short -form designation: "City of San Juan Capistrano and Capistrano Valley Water District Reorganization" (R096-15). Section 4. The City of San Juan Capistrano is designated as the conducting authority and is hereby directed to conduct proceedings with notice and hearing, pursuant to Resolution No. R096-15 Government Code Sections 56839 (a) and 57081, and in compliance with this resolution. Section 5. The Executive Officer is hereby authorized and directed to mail certified copies of this resolution as provided in Section 56853 of the Government Code. AYES: COMMISSIONERS: HUNTLEY, HERZOG, WILSON, WITHERS AND STEINER AND VICE -CHAIR SMITH, AND CHAIR BRESSETTE NOES: NONE ABSTAINED: NONE STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, DANA M. SMITH, Executive Officer of the Local Agency Formation Commission of Orange County, California, hereby certify that the above and foregoing resolution was duly and regularly adopted by said Commission at a regular meeting thereof, held on the 2nd day of September 1998. IN WITNESS WHEREOF, I have hereunto set my hand this 2' day of September, 1998. DANA M. SMITH Executive Officer of the Local Agency Formation Commission By: & 4u)at"& Dana M. Smith F:V.AFCO\RO 96-151Res.wpd Resolution No. R096-15 4 (1 r r Block 4756, 4856, 4956, 5056, 5057 Modules All 1 2 3 4 Si 6 7 8 9 10 11 12 13 14 15 1.6 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A^ �w�i f.:...r ice......,..,,. '- •-• REORGANIZATION NO. RO 96-15 "" Parcel 1 (Dissolution of Capistrano Valley Water District within the City of Mission Viejo and annexation of same to the Moulton Niguel Water District) That portion of the Rancho Mission Viejo in the City of Mission Viejo, County of Orange,State of California, per Record of Survey of the sectioning of said Rancho, filed in Book 9, Pages 15 to 22 inclusive of Records of Survey, in the Office of the County Recorder of said County, described as follows: BEGINNING at an angle point in the boundary of the "Formation" of the Moulton Niguel Water District (MNWD), said point being the Southeast corner of Fractional Section 24, Township 7 South, Range 8 West, San Bernardino Meridian as shown an said Record of Survey; Thence along said boundary line and the Southerly l ne of said Section 24, North 89013'12" West, 1711.91 feet to a point in the existing boundary line of said MNWD as established by said "Reorganization. No. 1011, said point being the most Easterly angle point in "Parcel 2 Annexation" in said Reorganization; Thence following along said existing boundary line of said MNWD per the Southeasterly boundary of said "Parcel No. 2 Annexation" through the following described courses: South 19036'00" West, 396.21 feet; Thence continuing along said existing boundary line South 61023'30" West, 250.63 feet; Thence continuing along said existing boundary line North 81028'10" West, 303.35 feet; Thence continuing along said existing boundary line North 88023'40" West, 250.10 feet; Thence continuing along said existing boundary line South 63°13140" West, Page 1 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 MA REORGANIZATION NO. RO 96 248.65 feet; Thence continuing along said existing boundary line South 47055'30" West, 199.10 feet to an angle point herein, said angle point also being a point in the existing common boundary line of the City of San Juan Capistrano and the Citv of Mission Viejo, said angle point being the most Northerly corner of "Rosenbaum Arzexation No. 2" to said City, said point also being on the Southwesterly line of said Rancho Mission Viejo; Thence leavinc said existing boundary line of MNWD following along said existing common boundary line per said "Rosenbaum Annexation No. 2" through the following described courses: South 53044'07" East, 227.22 feet; Thence continuing along said existing boundary line North 33037'30" East, 8.64 feet; Thence continuing along said existing boundary line South 54013'00" East, 1313.12 feet; Thence continuing along said existing boundary line South 30042'00" West, 19.80 feet; Thence continuing along said existing boundary line South 53044'07" East, 1693.20 feet to an angle point herein, said angle point being on boundary of the "Rosenbaum Annexation" to said City, said point also being on said Southwesterly line of said Rancho Mission Viejo; Thence continuinc along said existing boundary line of said City per said "Rosenbaum Annexation" and said Rancho line, South 53°44'07" East, 466.49 feet, more or less, to an angle point in the existing boundary line of the Santa Margarita Water District (SMWD) as escablished by the Formation" of said District, said point being the intersection of said Southwesterly line of said Rancho Mission Viejo with the Easterly line of Fractional Section 25, Township 7 Page 2 of 13 EXHIBIT "A" • REORGANIZATION NO. RO 96-15 1 South, Range 8 West, as shown on said Record of Survey; 2 Thence leaving said existing common boundary line following along said 3 existing boundary line of SMWD per the Westerly boundary of said District and 4 said Easterly line of Section 25, North 2852.91 feet, more or less to the POINT 5 OF BEGINNING. 6 The above described parcel of land contains 107.98 acres, more or less. 7 Parcel 2 8 (Dissolution of Capistrano valley Water District within Unincorporated Territory) 9 10 That portion of Unincorporated Territory in the County of Orange, State of California, described as follows: 11 12 BEGINNING at a point in the existing boundary line of the Moulton Niguel 131 Water District (MNWD) as established by the "Formation", said point being on the 14 Southerly line of Fractional Section 24, Township 7 South, Range 8 West, distant 15 thereon East, 629.52 feet, more or less, from the Southwest corner of said 16 section, said point also being the intersection of said existing boundary line 17 of MNWD with the existing boundary line of the City of San Juan Capistrano 18 as established by the "Spatted Bull Annexation" to said City; 19 Thence following along said existing boundary line of said MNWD per said 20 annexation, Westerly 629.52 feet; Southerly 1320.00 feet; Westerly 1320.00 feet; 21 Southerly 1042.72 feet to an angle point herein, said angle point being at the 22 intersection of said existing. boundary line of said MNWD and said existing 23 boundary line of said City of San Juan Capistrano as established by Parcel 1 of 24 the "Westside Annexation", said angle point also being South 56019'35" West, 2$ 463.01 feet along that certain course described as "North 56°19'35" East, 505.11 26 feet" in said "Westside Annexation" from it's Northeasterly terminus thereof; 27 Thence leaving said existing boundary line of said MNWD following along the 28 Page 3 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 EYHIBIT "A" • i REORGANIZATION NO. RO 96-15 existing boundary line of said City per the Northerly line of said Parcel 1 of said "Westside Annexation", per the "Incorporation", and per said "Spotted Bull Annexation" through the following described courses: North 56019'35" East, 463.01 feet; Thence continuing along said existing boundary line South 14°16'53" East, 233.62 feet; Thence continuing along said existing boundary line South 89°00'29" East, 52.06 feet; Thence continuing along said existing boundary line North 00016'00" West, 653.20 feet; Thence continuing along said existing boundary line Easterly 825.00 feet to the Easterly line of Section 26, Township 7 South, Range 8 West; Thence continuing along said existing boundary line, South 89030'45" East, 153.00 feet; Thence continuing along said existing boundary line North 7°52'15" East, 20.00 feet; Thence continuing along said existing boundary line South 89030045" East, 1811 u 59.13 feet; 19 20 21 22 23 24 25 26 27 28 Thence continuing along said existing boundary line South 83051'35" East, 140.57 feet to a point on a non -tangent curve, concave Easterly and having a radius of 5970.00 feet, a radial line to said point bears North 83051'35" West; Thence continuing along said existing boundary line of said City per said Annexation following along said curve through a central angle of 00029'56" and an arc length of 51.98 feet; Thence continuing along said existing boundary line North 8"06'25" East, 948.12 feet; Page 4 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" • REORGANIZATION NO. RO 96-15 Thence continuing along said existing boundary line North 13°46'15" East 101.33 feet; Thence continuing along said existing boundary line North 8006'25" East, 91.26 feet, Thence continuing along said existing boundary line North 11°01'41" East 507.58 feet to the POINT OF BEGINNING. The above described parcel of land contains 35.68 acres, more or less. Parcel 3 (Dissolution of Capistrano Valley Water District within the City of Laguna Niguel and annexation of same to the Moulton Niguel Water District) That portion of the City of Laguna Niguel, County of Orange, State of California, as shown on a parcel map recorded in Book 115, Pages 14 and 15 of Parcel Maps in the Office of the County Recorder of said County, described as follows: Commencing at a point in the existing boundary line of the Moulton Niguel Water District (MNWD) as established by the "Formation", said point being the Northeast corner of Section 2, Township 8 South, Range 8 West, San Bernardino Meridian; Thence along said existing boundary line of said MNWD per said "Formation" and the Easterly line of said Section 2, South 1°25'45" West, 1313.74 feet to an angle point in the existing common boundary line of said MNWD as established by "Reorganization No. 46" and the City of San Juan Capistrano as established by the "Wish/Camero Annexation", said angle point being the most Northerly Northeast corner of said Reorganization and said Annexation; Thence following along said existing common boundary line North 89°29'21" West, 150.19 feet and South 36030'39" West, 498.08 feet to an angle point herein; Page 5 of 13 I III REORGANIZAATTIONEIBITNOA"RO 96-• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 181 19 20 21 22 23 24 25 26 27 28 Thence leaving said existing boundary line of said City continuing along said existing boundary line of said MNWD Der said Reorganization the following two courses: South 46°49'15" East, 82.38 feet and South 45°06'16" West, 343.60 feet cc the TRUE POINT OF 3EGINNING, said point being in the existing common boundary line of said said MSTWD as established by said "Reorganization" and said Citv of San Juan Caniscrano as established by said "wish/Camero Annexation", said point also being distant South 41025'04" East, 103.57 feet from Northwest- erly terminus of that certain course described as "South 41°25'04" East, 551.43 feet" in said "Wish/Camero A.^inexation", Thence leaving said existing common boundary line continuing along said existing boundary line of MNWD per the Northwesterly boundary of said Reorgan- ization, through the following described courses: South 45°06'16" West, 171.81 feet; Thence continuing along said existing boundary line South 35°06'16" West, 335.00 feet; Thence continuing along said existing boundary line South 41041'23" West, 471.75 feet; Thence continuing along said existing boundary line South 25046'50" East, 315.00 feet to a point in said existing boundary line of said City as established by the "Annexation of Tract No. 10593 (recorded), said point being distant thereon North 48°34'02" East, 219.00 feet from the Southwesterly terminus of that certain course described as "South 48034'20" West, 1689.21 feet" in said annexation; Thence leaving said existing boundary line of said r,1NWD following along said existing boundary line of said City per last said annexation, North 48034120" East, 1050.43 feet to an angle Doint herein, said angle point being Page 6 of 13 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E7LTiIBIT "A" • *REORGANIZATION NO. RO 96-15 the most Southerly corner of said "Wish/Camero Annexation" to said City, said I!point also being the Southwesterly terminus of that certain course described as "south 41025'04" East, 551.43 feet" in said "Wish/Camero Annexation"; Thence continuing along said existing boundary line of said City per said last described course, North 41°25'04" West, 447.86 feet to the TROT POINT OF BEGINNING. The above described parcel of land contains 8.59 acres, more or less. PareG 1 4 (Dissolution of Capistrano Valley Water District within the City of Dana Point and Annexation of the same to the Successor Agency to the South Coast Water District) That portion of the City of Dana Point, County of Orange, State of California, being portions of Sections 11 and 14, Townshin 8 South, Range 8 'West, San Bernardino Meridian, and a portion of Rancho Boca De La Playa, all as shown on a map filed in Book 2, Page 38 of Records of Surveys in the Office of the County Recorder of said County, described as follows: BEGINNING at an angle point in the existing common boundary line of the City of Dana Point`as established by the "Incorporation" and the City of San Juan Capistrano as established by the "Great western Annexation", said point being the Southwesterly terminus of that certain course described as North 16047.31" East, 580.08 feet in said annexation; Thence following along said existing common boundary line per said "Incorp- oration" of said City of Dana Point and per said "Great Western Annexation", per the "Incorporation", per the "Southside Annexation", per the "C...Michael-Iwata Annexation" and per the "Camino Del Avion Annexation" of said City of San Juan Capistrano through the following described courses: North 16°47'31" East, 580.08 feet: Thence continuing along said existing common boundary line North 16007.00" Page 7 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" . REORGANIZATION NO. RO 96-15 East, 762.00 feet, more or less; Thence continuing along said existing common boundary line North 45025'23" West, 511.18 feet to a point on a non -tangent curve, concave Westerly and having a radius cf 4125.00 feet, a radial line to said point bears South 70°20'43" East; Thence continuing along said existing common boundary line of said Cities following along said curve through a central angle of 8°02'33" and an arc length of 579.02 feet; Thence continuing along said existing common_ boundary line North 11036'44" East, 103.39 feet; Thence continuing along said existing common boundary line North 65-15'391- 12 5°15'39" West, 5.86 feet; Thence continuing along said existing common boundary line North 24°44'21" East, 633.97 feet; Thence continuing along said existing common boundary line North 65015'39" West, 153.69 feet; Thence continuing along said existing common boundary line North 11036'44" East, 519.52 feet; Thence continuing along said existing common boundary line North 80013'50" West, 383.50 feet; Thence continuing along said existing common boundary line North 66°23'50" West, 2001.63 feet; Thence continuing along said existing common boundary line North 4°14'21" East, 233.81 feet to a curve concave Easterly and having a radius of 1000.00 feet; Thence continuing along said existing common boundary line following along Page 8 of 13 EXHIBIT "A" r �• • REORGANIZATION NO. RO 96-15 said curve through a central angle of 22°55'57" and an arc length of 400.25 feet to the beginning of a tangent reverse curve concave Westerly and having a radius of 1000.00 feet, a radial line to said curve bears North 62049'42^ West; Thence continuing along said existing common boundary line following along said curve through a central angle of 14023'22" and an arc length of 251.14 feet; Thence continuing along said existing common boundary line North 12°46'S6" East, 180.25 feet; Thence continuing along said existing common boundary line North 89043'00" West, 30.72 feet; Thence continuing along said existing common boundary line North 12044'43" East, 171.05 feet to a tangent curve concave Easterly and having a radius of 2050.00 feet; Thence continuing along said existing common boundary line following along said curve through a central angle of 00046'19" and an arc length of 27.62 feet; Thence continuing along said existing common boundary line North 13031'02" �East, 249.80 feet to a tangent curve concave Southeasterly and having a radius of 1050.00 feet; Thence continuing along said existing common boundary line following along said curve through a central angle of 15032'21" and an arc length of 284.77 feet; Thence continuing along said existing boundary line non -tangent to said curve South 89043'00" East, 8.81 feet; Thence continuing along said existing boundary line North 33°05'02" East, 243.23 feet; Thence continuing along said existing boundary line North 31°42'00" East, Page 9 of 13 1 2 3 4 5 6 7 8 9 10 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • EXHIBIT "A" • REORGANIZATION NO. RO 96-15 243.63 feet to a tangent curve concave Northwesterly and having a radius of 960.00 feet; Thence continuing along said existing common boundary line following along said curve through a central angle of 8°27'22" and an arc length of 141.68 feet; Thence continuing along said existing boundary line non -tangent to said curve North 66°45'47" West, 10.00 feet; Thence continuing along said existing boundary line North 33°14'02" West, 45.02 feet; Thence continuing along said existing boundary line North 89°43'00" West, 1001.56 feet to a tangent curve concave Northerly and having a radius of 1440.00 feet; Thence continuing along said existing common boundary line following along said curve through a central angle of 4°59'11" and an arc length of 125.32 feet; Thence continuing along said existing boundary line non -tangent to said curve South 51°09'14" West, 23.67 feet; Thence continuing along said existing boundary line North 82°57'47' West, 28.00 feet; Thence continuing along said existing boundary line North 7=02'13" East, 46.50 feet to an angle point in the existing boundary line of the Moulton Niguel Water District (MNWD) as established by the "Formation", said point being at the Southwesterly terminus of that certain course described as South 19°58'00" West, 2291.10 feet" in said "Formation."; Thence leaving said existing common boundary line of said Cities following along said existing boundary line of said M14WD per said "Formation" North 89043'00" West, 817.90 feet; Thence continuing along said existing boundary line South 0°58100" East, Page 10 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • EXHIBIT "A" REORGANIZATION NO. RO 96-15 1321.20 feet to an angle point in the existing common boundary line of said MNWD per said "Formation" and South Coast County Water District (SCCWD) as establish- ed by the "Annexation of Parcel 1 and 2" as Ordinance No. 10 certified by the Secretary of State on January 18, 1951, said point being the Northeast corner o£ the West half of the Northwest quarter of said Section 14; Thence leaving said existing boundary line of said MFYID following along said existing boundary line of said SCCWD per the Easterlv line of last said annex- ation, South 0035'00" West, 2644.00 feet to an angle point in the existing boundary line of Capistrano Beach County water District (CBCWD) as established by the "Formation" of said District, said point being the Southwest corner of the Southeast quarter of the Northwest quarter of said Section 14; Thence leaving said existing boundary line of said SCCWD following along said existing boundary line of said CBCWD per said "Formation", per Parcel 1 of "Reorganization No. 123", and Der said "Formation" through the following described courses: East, 965.00 feet, more or less to the Westerly line of Rancho Boca De La Playa; Thence continuing along said existing boundary line following along said Rancho line, South 10024'11" West, 693.22 feet, more or less, to the Northwest- erly corner of said Parcel 1 of said Reorganization; Thence continuing along said existing boundary line following along the Northerly line of said Parcel 1, South 80°32'55" East, 557.09 feet, more or less to a point on a non -tangent curve concave Northeasterly having a radius o 440.00 feet, a radial line to said curve bears south 83040'53" West, said point also being on the westerly right of way line of Del Obispo Street, 80.00 feet wide; Thence continuing along said existing boundary line of CBCWD per said Parcel Page 11 of 13 EXHIBIT "A" _ • • REORGANIZATION NO, RO 96-15 1 of "Reorganization No. 123" following along said Westerly right of way line and said curve_ through a central angle of 16°00'13" and an arc length of 122.90 feet; Thence continuing along said existing boundary line South 22019'20" East, 1458.67 feet to the beginning of a tangent curve concave Southwesterly having a radius of 360.00 feet; Thence continuing along said existing boundary line, said right of way line land following along said curve through a central angle of 18046'04" and an arc length of 117.92 feet; Thence continuing along said existing boundary line south 3°33'16" East, 155.39 feet to a point at the Southeasterly terminus of that certain course described as North 68009'58" East, 929.69 feet" in said Parcel 1 of said "Reorg- anization No. 123" of said District; Thence continuing along said existing boundary line South 68°09'58" East, 49.56 feet to the centerline of said Del Obispo Street; Thence continuing along said existing boundary line following along said centerline South 3°33116" East, 672.18 feet; Thence continuing along said existing boundary line South 68°09158" East, 1451.37 feet, more or less, to the POINT OF BEGINNING. The above described parcel of land contains 290.34 acres, more or less. Attached hereto and made a part hereof is a map designated as. Exhibit `B'. Page 12 of 13 EXHIBIT "A" REORGANIZATION NO. RO 96-15• This proposal was prepared by me or under my suoervisicr_. 4;z— zIo�7 Grego rjV J./Ker., P.L.S. 6625 Date My 'license expires 12/31,95 This oronosal does meet the approval o` tine ORANGE COUNTY SURVEYOR'S OFFICE. Dated this day o'AALC , i997. Canes, County Surveyor c No. 4408 9 * Exp. 9/30/97j*), Page 13 of 13 &HIGOF.Y J. KAHLEN Up. \2/IJ(, No. 6626 LOCATION 't4AP PUBLIC FACILITIES and RESOURCES DEPARTMENT GIS APPLICATIONS & MAPPING SERVICES REORGANIZATION No. R096-15 Dissolution of CAPISTRANO VALLEY WATER DISTRICT within the cities of Laguna Niguel, Mission Viejo & Dana Point and Annexation of Parcels 1 and 3 to the N MOULTON NIGUEL WATER DISTRICT and Annexation of Parcel 4 to the Successor SCALE: V = 5000 Agency to the South Coast Water District Sulph r Creek ' J Rese"ar 1L MISSION L GUN. Parcell Parcel 2 VIEJO m N-NIGUEL e1 J 'yF \ AER DISTRICT /1 SAN JUAN NP P o Z O P, � \ NIGUEL Parcel 3 T CAPISTRANO A z 'c DANA N� DR = SELVA �. Parcel4 b � POINT RA � M/ O f+ � SAN pihT M CLEMENTE - Ocean REORGANIZATION No. R096-15 Dissolution of CAPISTRANO VALLEY WATER DISTRICT within the cities of Laguna Niguel, Mission Viejo & Dana Point and Annexation of Parcels 1 and 3 to the N MOULTON NIGUEL WATER DISTRICT and Annexation of Parcel 4 to the Successor SCALE: V = 5000 Agency to the South Coast Water District wn ♦ron, 000e, +YJo, JUJE, 5057 IOOULES ALL .wGtE ICwr -roawrrai N M w.ai.cua 9 40 i • EXHIBIT "B" REORGANIZATION NO. RO 9E -I5 PARCEL I Wbwunarr n uaueaua vaun M,a mflea anws M mr a r>9w vuo avo uanumx v sau[ ro aeuLxaa ranfa warm osmcr) q MS MpryW 0G0 1¢T M NPaMI F a .wGtE ICwr -roawrrai N M w.ai.cua 9 .4408 1 • 1 rq gSrKKI N\:_.ts�o'�\ N wsrrrtw vn er a Cq ro EasiwG WIWWr _ l'xefxJ'Yw MaLU6 w [a asreCr Oj r ��Iu a 4 V(a aM[6 n. x.- Mprw4roxNrCw srs»'oPw xa iI MIMI . aEG1f Lron \ 14 ��yy—gy�pp--YYR'r IW. rw. 0. CRY OF / sarxrs?w xsao \ .OS1 rr0aM0.r aMxfa---- sUrr xw as1. \ a' aosExsrr .rarounorr ra. i ro M an of wr wrxrra'r »s» wrITIP[ \ AYx anSraxq »r•.at[ aaa' PARCEL 1 r \ xzs.xr \ 107.9E ACRESi - \ '1r«, �asswc wraaar wE a +. r u u.Auwra 1 Ma raxu Q« 0 \ sw.� r N 1 1 WESgN VIEJO 1 1 L uainc eaarwi - — � ut or Mana �� yJ� � sw Aux cwsrauq � waosorwu .r.aanox 1 x ware i i EufraF eaAoxrr lag arl M anaS.w urx cvmarno vEa M aosWn�x ereNJrirorr ae0axe9 eer � p/,xrorf wnWgr eG ComLTaiL e1C ES!M a MM G IY1mM TTTiTT% Ootiw OrY WaK3 r1t OrH see-mno rrr• nmw rna murvwr w eeza -----FF SHEET I OF J M UIdQ( Caaep fJ/J1M ..- ' C/i:. MS MpryW 0G0 1¢T M NPaMI _4�� 141x11 ,. GRAPHIC SCALE .4408 1 • 1 N\:_.ts�o'�\ 0 nrsm.c enNawr uNE / of WULuMR 'E msmcr 9rx 'roRN.mr/ I 1E 1..RE I 1 «°RA, q� sic. ze"E I/. [c. ze I N[sr uze oo PARCEL 2 f uNc a sw FLe 15.68 ACRESL \ vc.n EXHIBIT "B•' i REORGANIZATION NO. RO 96-15 PARCEL 2 I0654NIfi y fJ/61MN0 VMIL'r ARM. WRCT MMN LMWCpOy/ m rylo lI �» 2. r xa _ xe I uaru'i � ^ y NYUO'irE rEX.. e01NMRr LNf `91 } xY K Mf GR <f aYl lYN / CwarNrq rtl1 YOREO O O � �rx�Sw'IJC eW rxWLgN vi / u I SAN F 1 � 4 AN CA JUAN /CAPKTRANO vni'srE tw v= ..ATE )9U' / / v<. in / O . worwsr exa' R . >NOOY L - sew � h Al ,o P. ; ICE. Ee I �ATERIGHTT ' + cusrme eauinzer Le( or MC PrY Oi SW wfw GnsrwO WL M s1f0'fJt z))ei /\ \1 I �C V. C. M. zt vYOYxt fxa �\y-0RAE CR<BOI URAVR a[ lwa r UR ue(yr 00. 4RfNOCoi EXHIBIT "B" REORGANIZATION NO. RO 96-15 PARCEL ] nu ar wo;zgw wutr rra mxm<r sXEo1 V LtlIN MPI6 MY NK141fN wewi ro eeAA)YY rea6 9LV(11 061RCG .29-21-R / _ t / fHW')9'M 49Yar— srw awN^N^ v w'AmN ! SEE DETAIL uEt w.MR arrm<z E[A M ARZArgx AL, K AT RICHT 7 /EVKOR<BWMMV Of / arc a seN A411 c.Lrrsle.tro RCR rN[ msN/cY[Ao r+Yx.nwC Na_'wtY[ sua• �w.ar nt.n f)rwiew war P.M. 116/14-16 wwenw ewvur /TTTTTE C0rm9 ml emwwev rY'� !%RIMO TITIN RMIIIMA iCLmONr Of maREOi M o(WiORLL.omE / ReY•Aziv lY An /di 4fi' pETAII, NT Qi[�C � � /LIOSf fOVlLlrcll Cd11(R Of A �. �' � NISN/WifAO wS14rON r0 l�tN[ an ar aw xw <uiavwo. G A[ CITY OF SAN mei JUAN CAPISTRANO f k/ 1 � �-- [mrc eauwRr wRtrwiRRL a sac) Of9) IRL<MOEDI �r SHEET 2 OF GRAPIOC SCALE L� lmrmYl i- ar:rsr -vroar -L. aor �LJai'lJE IYO 9)q' )6Ef1'l)"C 910Y L OYW IP Y II .1909 CD' L - zai.Jr HSat-WE 25402- 12 -IVC 300. —meemRfa eoRovr TTmTT o,rm a an ewenwrs Y--r-9r mAlc eeveo eowowr GRAPHIC SCALE sn.ge• EXHIBIT *B'• • PEOPCANIZATIONNO. RO 9R -IS • Haula. NWEE A. 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M MWAw Ay/ f —uwE]aioll 90CgNY TRRrr t%BIYp CIT tt..gM6 .-rte ANA •WwwY Ar 04TWO u61N0 CBL10 grpNr CrrP uSeIG ]LLYIO WbAf 14 along its administrative decisions and, despite the added positions, and except for the full- y salaries, the City's costs had, in fact, decreased. After rther discussion, Council Member Campbell suggested that, in light of the great service o the Sheriffs Department, the City should renew the contract and, if necessary, evaluate in ividual details at a later date and then request a further amendment. Council Member Ha indicated that his main concern was to consider any means that could reduce the contract cos to the City. The City Attorney suggested that the Agreement be approved as presented and t e items of concern negotiated for a future amendment to the Agreement. It was moved by Cou it Member Campbell, seconded by Council Member Greiner to conditionally approve th Fourth Amendment to the Agreement for Law Enforcement Services to provide for a co inuation of services for Fiscal Year 1997-98 in the amount of $3,193,514, with direction that ere are items of concern that the Council wishes to negotiate with the Sheriffs Department. a motion carried by the following roll call vote: AYES: Council NOES: Council Member ABSTAIN: None ABSENT: None Greiner, Hart, Campbell and Mayor Swerdlin Council Member Jones indicated he had opposed t mon because he felt the contract should be accepted unconditionally. Council Mem r .ti art indicated that his concern centered only on the utility driver. With regard to a oposed amendment to the City's Agreement, he felt that the commercial enforcement vehicle as not functioning properly and could be deleted. Ortega Highway is a State Highway ane felt the California Highway Patrol should assume commercial vehicle enforcement responsi ' ity. He further indicated he would prefer to allocate any savings to acquiring another offic 2. APPROVAL OF OPERATION AND MAINTENANCE AGREEMENT (CAPISTRANO VALLEY WATER DISTRICT) (600 30). Written Communications: /1\ (1) Report dated July 1, 1997, from the City Manager, forwarding the proposed agreement which would retain the services of the City as an independent contractor to perform the day-to-day operations on behalf of the Capistrano Valley Water District, including rate setting and budgeting. Assets and liability of the District would remain as such, but be managed by the City. District employees would be transitioned to the City work force. The Report advised that the merger would initially reduce the cost of water service by $198,000, and the cost of the general City operation by $88,000. (2) Revised Operations and Maintenance Agreement containing Exhibits A and B. City Council Minutes -10- 07/01/97 • 11 Mr. Scarborough made an oral presentation, reiterating the Report's outline of savings. Council Discussion: Mayor Swerdlin advised that the Water District had modified their motion of approval. In response, the City Attorney advised that the Agreement now included insurance provisions and protections requested by the Joint Powers Insurance Authority. The City Manager noted staff had been directed to return within 60-90 days with a review of language suggested by the Water Advisory Commission. Approval of Agreement - It was moved by Council Member Greiner, seconded by Council Member Jones, and unanimously carried to approve the Operation and Maintenance Agreement between the City and the Capistrano Valley Water District. Staff was directed to return to Council in 60-90 days with a review of the language suggested by the Water Advisory Commission. RESOLUTION AMENDING CLASSIFICATION AND COMPENSATION PLAN - CONSOLIDATION OF CAPISTRANO VALLEY WATER DISTRICT (1)ort dated July 1, 1997, from the City Manager, forwarding a Resolution which wou create new positions in the City's Classification Plan to accommodate the transfer the Capistrano Valley Water District employees to City employment. (2) Revised Exhibit Julia Rushing, Management An IJ, made an oral presentation, outlining the new positions which needed to be created in the assification Plan and recommending approval of the proposed amendments. Adoption of Resolution: It was moved by Council Member Jones, following Resolution be adopted: Council Member Campbell, that the PLAN (CAPISTRANO VALLEY WATER DISTRICT) - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN ISTRANO, CALIFORNIA, AMENDING RESOLUTION NO, 94-12-6-5, CITY'S PERSONNEL CLASSIFICATION AND COMPENSATIO PLAN RELATING TO MERGER OF THE CAPISTRANO VALLEY TER DISTRICT EMPLOYEES INTO CITY EMPLOYMENT The motion carried by the following vote: City Council Minutes -11- 07/01/97 • 0 AGENDA ITEM July 1, 1997 TO:: City Council Members FROM: George Scarborough, City Manager SUBJECT: Operation and Maintenance Agreement between the Capistrano Valley Water District and City of San Juan Capistrano STAFF RECOMMENDATION: By motion adopt the attached Operation and Maintenance Agreement between the Capistrano Valley Water District and the City of San Juan Capistrano. SITUATION: Last month the City Council and the Water District Board of Directors directed the staffs to develop a Operation and Maintenance Agreement that would allow the merger of the two agencies' budgets, equipment, facilities and staffs. The merger would realize cost savings and general efficiencies from the elimination of duplication and the creation of economies of scale. Under the terms of the proposed agreement, the City will perform all operations of the Water District, including rate setting and budgeting. Assets and liabilities of the District shall continue as assets and liabilities of the District, however, District Assets will be managed by the City. A detailed scope of the work to be performed by the City is attached to the agreement as Exhibit "A". The District employees will be transitioned to the City work force. The terms and conditions of the transition to City work force are set forth in Exhibit "B". The agreement provides that the District shall reimburse City for all its related expenses, including overhead. Additionally, the agreement provides that the District and the City will conduct a study to determine what other expenses the City will accrue as a result of the water operation. FINANCIAL CONSIDERATION: Adoption of the Operation and Maintenance agreement will initially reduce the cost of water service by $198,000 and the cost of the general City operation by $88,000. r33 C TY CJOU'XiL AC -7 • 0 AGENDA ITEM 2 July 1, 1997 ALTERNATIVE ACTIONS: 1. By motion adopt the attached Operation and Maintenance Agreement between the Capistrano Valley Water District and the City of San Juan Capistrano. 2. By motion reject the attached Operation and Maintenance Agreement 3. Request additional information STAFF RECOMMENDATION: By motion adopt the attached Operation and Maintenance Agreement between the Capistrano Valley Water District and the City of San Juan Capistrano. Respectfully submitted, e ca o ugh 1 ity age GS:ms Attachments EXHIBITS A AND B WILL BE DISTRIBUTED BEFORE THE CITY COUNCIL MEETING. OPERATIONS AND MAINTENANCE AGREEMENT This Operations and Maintenance Agreement (hereinafter "Agreement") is made this day of , 1997, by and between the CITY OF SAN JUAN CAPISTRANO (hereinafter "City"), and the CAPISTRANO VALLEY WATER DISTRICT (hereinafter "District"). RECITALS: WHEREAS, District desires to retain the management and operation services of City to operate District governmental functions on a day-to-day basis; and WHEREAS, District is a water district formed and organized under Water Code Sections 55000, et seq.; and WHEREAS, District is empowered to contract for a wide variety of services to meet its statutory functions and duties; and WHEREAS, City possesses the administrative and operational expertise to provide day-to-day operations on behalf of District, and WHEREAS, City and District find and determine that City, acting as an independent contractor, on behalf of District will provide operational and management efficiencies not previously available to District, NOW, THEREFORE, be it resolved between City and Agency as follows: Section 1. Scope of Work. City shall assume all responsibilities of direct management and control in carrying out all of the governmental and propriety functions of District (as set forth in Water Code sections 55000 et seq.) under this operations and maintenance agreement to the extent permitted by law. More particularly, the Scope of Work to be performed by City on behalf of District shall be the scope of work as identified in Exhibit A, attached and incorporated herein by reference. � pact&,t� 61b c:\wpw"WU\wpdow\wateAoperate.agr -1- 07/01/97 0 • Section 2. Handling of Assets and Liabilities. Under this independent contractor agreement, all assets and liabilities of District shall continue to be the assets and liabilities of District, except as provided for in this Agreement. Assets, including but not limited to District revenue, shall be managed and controlled by City, so as to enable City to perform all of the Scope of Work identified in Exhibit "A". Section 3. Term and Termination. The term of this Agreement shall commence upon the date of its execution and continue until mutually terminated by the parties. Section 4. Reimbursement to City. (a) In consideration of the services provided by City, District shall reimburse City for its overhead and related expenses in performing the Scope of Work set forth in Exhibit "A". The Parties shall, following execution of this Agreement, agree upon exact financial costs and reimbursement formulae to implement this section of the Agreement. (b) In addition, District and City agree that no sooner than one year from execution of this Agreement, the City and District will jointly conduct a study to determine what other expenses have accrued, or will accrue, to City by reason of the impacts District's water operations will have on City -owned facilities. Section 5. Independent Contractor. It is agreed that City shall act and be an independent contractor and not an agent or employee of District. Section 6. Compliance with Law. City shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 7. Transfer of District Employees. The parties intend that current District employees be transitioned to the City work force such that said employees will become employees of City. The terms and conditions of said transition are set forth in Exhibit "B", attached and incorporated herein by reference. c:\wpwin60\wpdo Nwater\oWate.agr -2- 07/01/97 0 • Section 8. Indemnity. City agrees to protect, defend and hold harmless District and its appointed officials from any and all claims, liabilities, expenses, or damages of any nature, including attorney's fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by City arising out of or in connection with City's, its agents, employees and subcontractors, performance of its obligations under this Agreement, except that this indemnity does not apply as to: 1)liability that does not arise out of premises or operations under the direct management and control of City, and 2) liability that arises out of the sole negligence of any person or organization other than City, or Protected Parties, as that term is defined in City's JPIA insurance pool agreement. Section 9. Insurance. (a) City shall maintain adequate levels of general comprehensive liability, auto, and fire insurance coverages through the Southern California Joint Insurance Pool with respect to the performance of its obligations under this agreement to the extent permitted under the "protected contract" provisions of the City's JPIA insurance pool agreement. (b) To the extent that City cannot obtain insurance coverages with respect to potential liability of District and its appointed officials, then District shall obtain appropriate levels of liability insurance coverage to insure that there are no uninsured activities of District under this agreement. Section 10. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Administrative Services c:\WV-n6o\..P&-\wat"\operatz.sgr —3— OTOV97 0 To District: Capistrano Valley Water District 32450 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director Section 11. Delegation of Powers. To the extent permitted by law, District hereby delegates all administrative powers and quasi -legislative powers to City to carry out the objectives of this Agreement, namely, that City be empowered in the most efficacious manner possible to administer the governmental functions of District on a day-to-day basis. Section 12. Entire Agreement, This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above. CITY OF SAN JUAN CAPISTRANO 0 ATTEST: Cheryl Johnson, City Clerk APPROVED AS TO FORM: John R Shaw, City Attorney David M. Swerdlin, Mayor I c:kwpwin6O�wpdo \waterbperate.agr 4- 07/01/97 CAPISTRANO VALLEY WATER DISTRICT Lm ATTEST: Georg'Ann Scott, Board Secretary APPROVED AS TO FORM: John R. Saw, District Counsel Ray Auerbach, General Manager c:\wpwin60\wpdo \water\operate.ag -5- 07/01/97 Nal : SCOPE OF WORK Operations and Maintenance Agreement The City of San Juan Capistrnao shall perform basic District governmental propriety functions required of District under Water Code Sections 55000 et seq, and shall in addition utilize the following performance standards as guidelines in carrying out the day-to-day functions of the District: ADMINISTRATION • Plan, organize and direct the operation, maintenance, capital improvement and replacement programs of the CV WD in accordance with all governing provisions of state and federal law and provide the same or enhanced levels of service as currently provided by CVWD. • Maintain active participation with the Municipal Water District of Orange County (MWDOC), all local and state water agencies, local and regional water associations and committees and work cooperatively to affect intergovernmental agency participation. • Continue active participation in Joint Powers Authorities (San Juan Basin Authority and South Orange County Reclamation Authority) to affect optimum use of local groundwater supplies and to optimize the use of non -potable and reclaimed water in District. • Maintain compliance with federal, state and local agency mandates including water quality, preparation and update of plans and reporting to state agencies. • Prepare annual budget proposal and five (5) year projections for the Water Enterprise Fund and sub -funds. 0 • Provide staff support to the Water Advisory Commission and prepare meeting agendas, take minutes of meetings and convey recommendations to the City Council. • Comply with the Political Reform Act, Government Code Section 87100 et. seq. • Maintain official minutes of CVWD Board of Directors meetings. • Maintain and provide telephone, facsimile and modem services. ACC O UNTINGB ANK INGBUS INES S • Select, maintain and operate computer systems for applications such as utility billing, accounting, word processing, desk top publishing, spreadsheets, CAD, GIS, database management and backflow program. F Exhibit "A" 2 - Perform all accounting and related bookkeeping services. 0 • Issue monthly budget report. Issue monthly financial statements. • Conduct all banking services. • Conduct all investment services with earnings allocation. • Provide all necessary insurance coverage. • Provide all payroll and personnel related services. • Manage the issuance and control of purchase orders. • Provide and arrange for audit services. WATER CONSERVATION • Continue management of CVWD's water conservation program following the guidelines of the CVWD Urban Water Management Plan (UWMP) and the California Urban Water Conservation Council's (CWWCC) Best Management Practices (BMPs). Update the CVWD UWMP and report on progress on BMPs as required by the California Department of Water Resources and the CWWCC. PUBLIC AFFAIRS • Maintain CVWD's current Public Affairs program including periodic news releases, bill stuffers, annual water quality report and participation in MWDOC's Public Affairs Workgroup and School Education Program. CUSTOMER SERVICE ENHANCEMENT • Provide training to new and existing employee to enhance the levels of customer service. Continue monthly customer service surveys, followup and employee feedback to promote enhanced customer service and identify problem areas. WATER BILLING AND CUSTOMER SERVICE PROGRAM • Maintain the current schedule of monthly meter reads by contract with SDG&E, monthly billings and payment processing, at a minimum, maintain current bill content. 0 0 Exhibit "A" -3 - • Maintain tiered rate billing system and investigate addition of commercial and industrial customers to the tiered rate system. • Maintain current investigations of over -reads, under -reads, no reads, unusual bills and customer complaints including fallowup with customer. • Continue use of reminder bills and turn-off notices prior to shut-off for non-payment. • Perform request and delinquent turn -ons and shut -offs of water service orders. • Maintain a collection procedure for delinquent accounts through tracing and contacting customers and maintain a "write-off' percentage goal of less than 025 percent (1/4%). • Investigate automated bill payment through local banks. • Maintain office hours of 8:00 AM through 5:00 PM, Monday through Friday, excluding holidays, and maintain a payment drop box for after hours payment of bills. EMERGENCY PREPAREDNESS PRO * AM • Provide twenty-four (24) hour, on-call response to emergency calls within forty-five (45) minutes. Provide after-hours water tum -on services. Integrate CVWD personnel and operations into the City's Emergency Preparedness Program by December 31, 1997. Maintain the Volunteer Emergency Preparedness Organization (VEPO) emergency radio system and actively participate in VEPO activities with other Orange County water agencies including participation in disaster exercises. TECHNICAL SERVICES • Process and conduct Underground Service Alerts (USA) for field marking of water facilities. Process requests for marking of other utilities prior to water repairs and construction, Maintain and implement South Coast Air Quality Management District requirements. Maintain or obtain discharge permits under both the California Regional Water Quality 0 0 Exhibit "A" -4- Control 4 - Control Board (Santa Ana Region) and the Orange County Environmental Management Agency requirements. • Review proposed City projects, utility projects and proposed developments for impacts to the water system and its customers. • Inspect all projects which do, or may have, water related impacts. • Complete the development of the Geographic Information System (GIS) program and maintain updated information on water system facilities. • Perform project administration and inspection for various water improvement and replacement projects. • Provide technical review and support for the operations and maintenance activities of the water system including assistance during emergencies. • Complete the Master Plans for the District's potable and non -potable water systems by December 31, 1997. • Prepare, maintain and modify design standards, standard drawings, specifications and procedures. WATER QUALITY • Ensure that the District's water meets or exceeds all applicable water quality standards imposed by the California Department of Health Services (DOHS) and the Environmental Protection Agency (EPA). • Manage the District's water sampling program to meet DOHS requirements. • Operate the water blending facility at Hollywood Well No. 2 to ensure water introduced into the distribution system meets all applicable standards. • Review all water sampling test results and prepare all required reports for submission to DOHS. • Facilitate and assist with routing DOHS inspections. • Produce and distribute the annual water quality report as required by DOHS. • Investigate all water quality complaints, take appropriate action and provide feedback to Exhibit "A" -5- the 5 - the customer. CROSS CONNECTION PROGRAM • Maintain a Cross Connection Program, as mandated by DOHS, including, but not limited to, the following: • Conduct water system analysis of proposed new connections to the water system for cross connections and backflow prevention device requirements • Review of plans and/or site inspection must be conducted for new connections to determine the degree of hazard prior to requirement of a backflow prevention device for meter protection. • Inspect installation of backflow prevention devices. Installation shall be in accordance with CVWD specifications. • Cooperate with Orange County Health Services, Cross Connection Survey Program to further their efforts of commercial/industrial internal inspections. • Notify customers, maintain records, files and technical standards on State regulated requirements to ensure compliance with annual testing of backflow devices. WATER PRODUCTION • Operate, maintain and repair all wells, reservoirs, pumping stations, pressure reducing stations, imported water connections and related production facilities as follows: • Conduct and program automated operation of CVWD wells, booster pumps and reservoirs with the use of the Supervisory Control and Data Acquisition System (SCADA). • Operate the water system within the current water pressure and reservoir level parameters. • Maintain adequate storage capacity in reservoirs to ensure fire protection and system demand. • Conduct repairs of all facility equipment and appurtenances in a timely and responsible manner to maintain maximum booster and well production capacity. 0 9 Exhibit "A" -6- Respond 6 - Respond immediately to all facility emergencies generated through the SCADA alarm system and problem reports from the public. • Maintain an Engine Maintenance Program including all appurtenances in accordance with standards as recommended by the manufacturer and CVWD's established program. • Maintain an Automated Valve Program in accordance with standards as recommended by the manufacturer and CVWD's established program. • Document, update and implement safety procedures and regulations including OSHA and Confined Space Entry procedures. Participate in monthly safety meetings. • Maintain a Motor Maintenance Program including adjustment, lubrication and maintenance of motors, exhaust fans, security lighting, and miscellaneous motor drive equipment at water production facilities in accordance with standards as recommended by the manufacturer, and CVWD's established program. • Perform vehicle maintenance on all CVWD vehicles in accordance with manufacturers recommendation. • Provide landscape maintenance and weed abatement for all CVWD property and facilities • Maintain all CVWD buildings in an acceptable condition including plumbing, electrical and lighting, structural, painting and related work. Jr WATER DISTRIBUTION • Maintain, repair and install water mains, fire hydrants, water meters and water services including, but not limited to the following: • Locate and exercise valves per for following schedule: • 12 -inch and larger, annually • Smaller than 12 -inch, every three (3) years • Exercise all wet barrel hydrants every two (2) years • Exercise all dry barrel hydrants every year 0 Exhibit "A" -7- 0 • Replace meters as required to maintain accuracy and readability. • Operate and maintain air and vacuum valves throughout the water system in accordance with standards as recommended by the manufacturer. • Repair all leaks on water mains and services in a timely manner with as little disruption to customers as practical. • Replace leaking plastic services with new copper services. • Document, update and implement safety procedures including OSHA and confined space entry procedures. Participate in monthly safety meetings. R\ADMIN\MERGER\O&MEXBA W PD EXHIBIT "B" TRANSFER OF EMPLOYEES Operations and Maintenance Agreement As of the effective date of this agreement, each and every Capistrano Valley Water District (CVWD) employee, below the level of General Manager, shall become an employee of the City of San Juan Capistrano (City). The terms and conditions of employment of the transferred employees shall be governed by the existing and applicable Memoranda of Understanding between the City and respective employee associations, provided however, that said employees shall be given credit for seniority for lay-off purposes, all earned benefits shall be transferred, and accrual rates for benefits shall be retained as if all years of service at the CVWD were at the City. The City agrees to preserve existing, earned and vested severance pay as of June 30, 1997, for all Capistrano Valley Water District employees, as follows: 2. Subject to concurrence by the Orange County Retirement System ("OCRS"), it is the City's intent that the benefits set forth in the District's "Agreement for Supplemental Benefits" with OCRS (District/OCRS Agreement") remain in effect and be incorporated into the City's Agreement with OCRS, (which agreement is still being negotiated and relates to supplemental benefits funded by a portion of the Vested Severance Eml2lovee Name Benefit on 6/30/97 Ando, Stacie $ 6,476.61 Ando, Steve $ 5,894.70 Bauman, Eric $ 7,250.70 Best, John $25,070.59 Boessler, Harry $15,887.74 Brady, Karen $ 1,108.33 Brand, Neil $ 9,936.56 Clark, Bob $15,230.74 David, Conrad $ 6,574.78 Ducharm, Donna $ 4,720.62 Hams, Craig $ 4,882.74 Johnson, Tom $ 3,042.66 LaMothe, Jay $10,662.76 Martinez, Angel $ 172.84 Romero, Jeff $ 4,890.03 Scott, Georg'Ann $ 7,706.97 Smith, Mike $ 5,622.28 Vaughn, Ray $ 8,119.65 Vasquez, Rueben $29,395.82 Villalpando, Manny $13,281.61 Widner, Jim $ 7,830.60 Williams, Greta $ 4,536.66 2. Subject to concurrence by the Orange County Retirement System ("OCRS"), it is the City's intent that the benefits set forth in the District's "Agreement for Supplemental Benefits" with OCRS (District/OCRS Agreement") remain in effect and be incorporated into the City's Agreement with OCRS, (which agreement is still being negotiated and relates to supplemental benefits funded by a portion of the Exhibit "B" Operations and Maintenance Agreement Page 2 "Remaining Transferred Funds' referred to in the District/OCRS Agreement). In furtherance of that intent, the District Additional Benefit Account ("DABA") shall be transferred to the City's Additional Benefit Account when agreement is reached between City and OCRS, for the purpose of funding the District employee's supplemental benefits after transfer to City employment. Until the City and OCRS reach agreement for supplemental benefits for City employees, City and District agree that City shall be considered to be District's successor with respect to the DABA and District employees eligible to receive the supplemental benefit shall receive it from the DASA; provided, however, that years of service as City employees shall not be used to calculate the supplemental benefit unless and until provided for in the City's Agreement with OCRS. 3. The City will retain its Retiree Health Benefit until such time as implementation of an Agreement for supplemental benefits between the City and OCRS. The City also recognizes that the Retiree Health Benefit is important to its retirees and has agreed to investigate alternative health coverage options that would cover retirees without as severe an impact on rates or overall ability to insure. 4. The City shall pay the costs of required memberships and certifications, for all employees, including the District Engineer's registration and the costs associated with maintaining a Notary Public. Required memberships and certifications shall be those required as a condition of employment by the City. t 5. The City shall modify its rules on overtime to pay double time after 12 hours work in one day. 6. The City shall make changes to the Personnel Rules and Regulations to clarify that the City's practice is to calculate pay in 15 minute increments. 7. The City shall conduct a survey of CVWD positions which seem similar to City positions, for consistency of duties and salary. 8. Employees hired by the CVWD prior to April 1, 1986, were exempt from Medicare tax. Upon transfer to City employment those employees will lose their exemption from Medicare taxes, pending IRS ruling presently being sought by the City. In the event that the City of San Juan Capistrano enters into negotiations with a private provider of water services, the City agrees to include in those negotiations issues associated with the transfer of employees from City to private employment, including, but not limited to, benefits and terms and conditions of employment. 0 MEMORANDUM TO: Georg'Ann Scott FROM: Cheryl Johnson DATE: July 2, 1997 SUBJECT: Operations and Maintenance Agreement Attached are two copies of the Operations and Maintenance Agreement approved ;by the City Council on July 1, 1997. Both copies have been signed by City representatives. When you and Ray have signed them, would you please return a copy to me. Thanks.