SAN JUAN CAPISTRANO, CITY OF (7)0 0 00*6
OPERATIONS AND MAINTENANCE
AGREEMENT ;P�
This Operations and Maintenance Agreement (hereinafter "Agreement") is made this
day of , c P<j , 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.
cAwpwin60\wpdo \waterbperate.agr
Be
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.
cAwpwin60\wpdo \watff\opmte.agr -2- 07/01/97
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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:NwpwwW\wpd—\—ter\op-ale.egr -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 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
By: �✓
David M. Swe dlin, Mayor
ATTEST:
Cheryl Jot on, tity Clerk
APPROVED AS TO FORM:
John R Shaw, City Attorney
cA.pwui60\wp&&wate.\op«9ees -4-
07/01/97
CAPISTRANO VALLEY WATER DISTRICT
By:
_ , � � w ,
Ray Auerbach beneral Manager
ATTEST:
eorg'Ann Scott, Board Secretary
APPROVED AS TO FORM:
John R. Saw, District Counsel
cAwpwm60\wpd—\wa1-\operate.agr -5- 07/01/97
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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:
ADMIMSTRATION
• 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.
4
• 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 CV WD Board of Directors meetings.
• Maintain and provide telephone, facsimile and modem services.
ACCOUNTINCzMANKINGIBUSINES 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.
E
Exhibit "A"
2-
• 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 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 CV WD 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.
Exhibit "A" -3-
Maintain
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 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 CV WD 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
9 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 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 0
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.
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
• 9
Exhibit "A" -7-
Replace
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:UADMIN\MERGEW0&MEXBA WPD
y
0
0
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:
Employee Name
Vested
Benefit
Severance
on 6130197
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 ("DASA") 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 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.
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.
The City shall conduct a survey of CVWD positions which seem similar to City
positions, for consistency of duties and salary.
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.
9. 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.
I
L_j
RO96-15
i
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,
►I�` IKM
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 furnished 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
0 0
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 ofthe 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 l through an out -of -agency contract.
d) The MoultonNiguel Water District shall submitto LAFCO a resolution requesting
annexation of Parcels 1 and 3. LAFCO shall agree to waive its fees for the
Resolution No. RO96-15 2
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 CV 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 CV WD or any bills or statements rendered by
or on behalf of the CV WD 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 )
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 2nd day of September, 1998.
DANA M. SMITH
Executive Officer of the
Local Agency Formation Commission
M. Smith
FALAFMR0 96-1 Ntes.wpd
Resolution No. R096-15 4
Ma
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
13 Water District (MNWD) as established by the "Formation", said point being on the
14Southerly 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 "Spotted 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
231 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 56°19'35" West,
25 463.01 feet along that certain course described as "North 56019'35" 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
N
1
2
3
4
5
6
7
8
9
10
14
15
• EXHIBIT "A" •
REORGANIZATION NO. RO 96-15
e;cisting boundary line of said City per the Northerly line of said Parcel 1 of
said "Westside Annexation", oer the "Incorporation", and per said "Spotted Bull
Annexation" through the following described courses; North 56°19'35" 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 89000'29" 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
tae 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 7052'15" East,
16
20.00 feet;
17
18
19
20
21
22
23
24
25
26
27
28
Thence continuing along said existing boundary line South 89°30045" East,
59.13 feet;
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 83°51'35" 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
'
EXHIBIT "A"
REORGANIZATION NO. RO 96-15
1
Thence continuing along said existing boundary line North 13046'15" East,
2
101.33 feet;
3
Thence continuing along said existing boundary line North 8006'25" East,
4
91.28 feet;
5
Thence continuing along said existing boundary line North 11°01'41" East,
6
507.58 feet to the POINT OF BEGINNING.
7
The above described parcel of land contains 35.68 acres, more or less.
8
9
Parcel 3
(Dissolution Of Capistrano Valley Water District within the City of Laguna
10
Niguel and annexation of same to the Moulton Niguel Water District)
11
That portion of the City of Laguna Niguel, County of Orange, State of
12
California, as shown on a parcel map recorded in Book 115, Pages 14 and 15 of
13
Parcel Maps in the Office of the County Recorder of said County, described as
14
follows:
15
Commencing at a point in the existing boundary line of the Moulton Niguel
16
water District (MNWD) as established by the "Formation", said point being the
17
Northeast corner of Section 2, Township 8 South, Range 8 West, San Bernardino
18
Meridian;
19
Thence along said existing boundary line of said MNWD per said "Formation"
20
and the Easterly line of said Section 2, South 1025'45" West, 1313.74 feet to an
21
angle point in the existing common boundary line of said MNWD as established by
22
"Reorganization No. 46" and the City of San Juan Capistrano as established by
23
the "Wish/Camero Annexation", said angle point being the most Northerly
24
Northeast corner of said Reorganization and said Annexation;
25
Thence following along said existing common boundary line North 89029'21"
26
West, 150.19 feet and South 36030'39" West, 498.08 feet to an angle point
27
herein;
28
Page 5 of 13
!' . •
EXHIBIT "A" i
REORGANIZATION NO. RO 96-15
1 Thence leaving said existing boundary line of said city continuing along
21 said existing boundary line of said MNWD per said Reorganization the following
3 two courses: South 46-49'15" East, 82.38 feet and South 45006'16" West, 343.60
4 feet to the TRUE POINT 07 BEGINNING, said point beinc in the existing common
O boundary line of said said MNWD as established by said "Reorganization" and said
6 City of San Juan Capistrano as established by said "Wish/Camero Annexation",
7 said point also being distant South 41025'04" East, 103.57 feet from Northwest -
8 _rly terminus of that certain course described as "South 41025'04" East, 551.43
9 feet" in said "Wish/Camero Annexation";
10
Thence leaving said existing common boundary line continuing along said
11
existing boundary line of MNWD per the Northwesterly boundary of said Reorgan-
12
ization, through the following described courses: South 45-06116" west, 171.81
13
feet;
14
Thence continuing along said existing boundary line South 35.06.16" west,
15
335.00 feet;
16
Thence continuing along said existing boundary line South 41041'23" West,
17
471.75 feet;
18
Thence continuing along said existing boundary line South 25-46'50" East,
19
315.00 feet to a point in said existing boundary line of said City as
20
established by the "Annexation of Tract No. 10593 (recorded), said point being
21
distant thereon North 48034'02" East, 219.00 feet from the Southwesterly
22
terminus of that certain course described as "South 48034'20" west, 1689.21
23
feet" in said annexation;
24
Thence leaving said existing boundary line of said nrvM following along
25
said existing boundary line of said City per last said annexation, North
26
48-34120" East, 1050.43 feet to an angle point herein, said angle point being
27
28
Page 6 of 13
�7
EXH
ION •
-A-
REORGANIZATION NO.. RO 96-15
1' the most Southerly corner of said "Wish/Camero Annexation" to said City, said
21 point also being the Southwesterly terminus of that certain course described as
3 "South 41025'04" East, 551.43 feet" in said "Wish/Camero Annexation";
4I Thence continuing along said existing boundary line of said City per said
51 last described course, North 41°25'04" West, 447.86 feet to the TRT POINT OF
6 it BEGINNING.
i
7 The above described parcel of land contains 8.59 acres, more or less.
8�
Parcel 4
9;1 (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)
10 That portion of the City of Dana Point, County of Orange, State of
i
11 California, being portions all Sections 11 and 14, Township 8 South, Range 8
12i West, San Bernardino Meridian, and a portion of Rancho Boca De La Playa, all as
13 shown on a map filed in Book 2, Page 38 of Records of Surveys in the Office of
14 the County Recorder of said County, described as follows:
15 I BEGINNING at an angle point in the existing common boundary line of the City
16 of Dana Point -as established by the "Incorporation" and the City of San Juan
17 Capistrano as established by the "Great Western Annexation.", said point being
18 the Southwesterly terminus of that certain course described as North 16047'31"
191 East, 580.08 feet in said annexation;
20 Therce following along said existing common boundary line per said "Incorp-
21i oration" of said City of Dana Point and per said "Great Western Annexation", per
i
221 the "Incorporation", per the "Southside Annexation", per the "C...Michael-Iwata
23i Annexation" and per the "Camino Del Avion Annexation" of said City of San Juan .
i
4 Capistrano through the following described courses: North 16047'31" East, 580.08
2511 feet:
i
26 Thence continuing along said existing common boundary line North 16007'00"
21
28 Page 7 of 13
1
s
12
13
14
15
16
17
18
19
20I
21
22
23
24
25
26
27
EXHIBIT "A"
REORGANIZATION NO. RO 96-15
East, 762.00 feet, more or less;
Thence continuing along said existing common boundary line North 4502S'23"
West, 511.18 feet to a point on a non -tangent curve, concave Westerly and having
a radius of 4125.00 feet, a radial line to said point bears South 70020'43"
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°15'39"
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 65°15'39"
West, 153.69 feet;
Thence continuing along said existing common boundary line North 11°36'44"
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, 1_33.81 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
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
'$aid curve through a central angle of 22055'57" 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 62°49'42" West;
Thence continuing along said existing common boundary line following along
$aid curve through a central angle of 14°23'22" and an arc length of 251.14
,feet;
Thence continuing along said existing common boundary line North 12046'56"
jEast, 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
X2050.00 feet;
Thence continuing along said existing common boundary line following along
said curve through a central angle of 00°46'19" 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 31042'00" East,
Page 9 of 13
2
3I
41.
51
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
V
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 51009114" West, 23.67 feet;
Thence continuing along said existing boundary line North 82057'47" 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 19058'00" 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 MNWD per said "Formation" North
89043'00" West, 817.90 feet;
Thence continuing along said existing boundary line South 0°58'00" East,
Page 10 of 13
In
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
ter said "Formation" and South Coast County Water Distr_ct (SC --WD) as establish-
ed by the "Annexation of Parcel 1 and 2" as Ordinance No. '_0 certified by the
Secretary of State on January 18, 1951, said point being the Northeast corner of
the West half of the Northwest quarter of said Section 14;
Thence leaving said existing boundary line of said M YTD following along said
existing boundary line of said SCCWD per the Easterly line of last said annex-
ation, South 0°35'00" West, 2644.00 feet to an angle pcinc 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 per 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 of
440.00 feet, a radial line to said curve bears south 83°40'53" West, said point
also being on the Westerly right of way line of Del Obisoo 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 1 of "Reorganization No. 123" following along said Westerly right of way line
2 and
3 said curve through a central angle of 16000'13" and an arc length of 122.90
4i feet;
5I Thence continuing along said existing boundary line South 22019'20" East,
6 458.67 feet to the beginning of a tangent curve concave Southwesterly having a
I
7! radius of 360.00 feet;
8`` Thence continuing along said existing boundary line, said right Of way line
91land following along said curve through a central angle of 18°46'04" and an arc
10t length of 117.92 feet;
11 Thence continuing along said existing boundary line South 3033'16" East,
12 55.39 feet to a point at the southeasterly terminus of that certain course
13 described as North 68009'58" East, 929.69 feet" in said Parcel 1 of said "Reorg-
14 anization No. 123" Of said District;
15 Thence continuing along said existing boundary line South 68009'58" East,
16 49.56 feet to the centerline of said Del Obispo Street;
17 Thence continuing along said existing boundary line following along said
18 centerline South 3033'16" East, 672.18 feet;
191 Thence continuing along said existing boundary line South 68009158" East,
201 1451.37 feet, more or less, to the POINT OF BEGINNING.
211 The above described
parcel of land contains 290.34 acres, more or less.
22 Attached hereto and made a part hereof is a map designated as Exhibit `a'.
I
23
24
25
26
27
28
Page 12 of 13
1
2
3
4
5
6
7
8
9
10
13
14
15I
16
19
20
21
22
23
24
25
26,
27
28.
hi
EXHIBIT "A" .
REORGANIZATION NO. RO 96-15
This proposal was prepared by me
or under my suvervisicr_.
Gregory J./Ka en, P.L.S. 6625 Dace
My 'license exmires 12/31/95
This proposal does meet the approval of
the ORANGE COUNTY SURVEYOR'S OFFICE.
No. 4408
Of
Page 13 of 13
uluop,y J.
NAHLEt1
Exp. ky. ,/49
Fi17. ESCJ
LO C%TION ' AP
PUBLIC FACILITIES and RESOURCES DEPARTMENT
GIS APPLICATIONS & MAPPING SERVICES
Sulphr
Creak
JReservoir
1L
MISSION
L " GUNA
Parcel 1
Parcel`i
m � ��N-NIGUEL
2
\ VIEJO
'�F
A ER DISTRICT
1
�
SAN JUAN
'Z
C
�
NIGUEL Parcel
Sf�
CAPISTRANO
c DANA
N
'R <=..,.
-� SELVA
Parcel
4
y4� POINT
�
RA
SAN
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: 1" = 5000' Agency to the South Coast Water District
n sne, m3o, Neoc,Is 5057
-• SIrEiT I
MODULES ALL
EXHIBIT "B'
REORGANIZATION NO. RO 98-15
PARCEL 1
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EXHIBIT "B' I •
REORGANIZATION NO. RO 96-I5
PARCEL Z
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V. twve x.
EXHIBIT "B'
REORGANIZATION NO. RG 96-15
PARCEL 7
w aT wslwo vucr r1a mFvcr
,K an ar uvelL rwn xiP AvaaMa
ar ev.[ m raAml I.vn un[s .vin.t7
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ua wtu asrvn xsA \ AT RIGHT
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GRAPHIC SCALE
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EXHIBIT "B'
REORGANIZATION NO. RG 96-15
PARCEL 7
w aT wslwo vucr r1a mFvcr
,K an ar uvelL rwn xiP AvaaMa
ar ev.[ m raAml I.vn un[s .vin.t7
P.O.C.
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Src.. ev"'wn' a wears+ ` SEE DETAIL TM
ua wtu asrvn xsA \ AT RIGHT
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NO
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GRAPHIC SCALE
I r rar I
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EXHIBIT 'B.. i •
T Ensrxc swo.nF Lll[
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E�Ev)
apistrano Valley Water District
mutes of the Regular Meeting
J ly 1, 1997
TheM utes of the Regular Meeting of June 17, 1997 were approved as
present
2. Li%ofarrants
The List of Wa ants No. 8978 through 9047 inclusive for the total amount of
$470,743.02 w received and filed.
3.
The Monthly Financial Re%ofA
May 1997 was received and filed.
4. Approval f Ex tensionment for Annual Audit rvi with Diehl,
Evans and Comte
Motion was unanimously carried to app ve the extension of the Annual Audit
Services Agreement with Diehl, Evans and
$11,200.
BIDS, CONTRACTS AND AGREEMENTS
for one year with a fee of
5. Notice of Completion - #2 Strawberry Lane Slooe Erosion',Repair
Vice Chairman Swerdlin made a motion, and Director Hart seco\recei
thorize
the Clerk of the Board to file a Notice of Completion for the #2 Lane
Slope Erosion Repair project with the County of Orange. Motio
unanimous approval.
X16. ADDrovaI of Proposed Operations and Maintenance Agreement between the
1 Capistrano Valley Water District and the City of San Juan Capistrano
As stated by Mr. Auerbach, this item is the companion item on tonight's Council
agenda. This agreement between the District and the City allows the City to take
over the operation of the District and transfer all District employees over to the
City. Copies of the revised O&M Agreement was distributed to the Board at the
beginning of tonight's meeting and has a few changes in the insurance
2
0 0
Capistrano Valley Water District
Minutes of the Regular Meeting
July 1, 1997
requirements and indemnity sections. District Counsel Shaw acknowledged the
last-minute changes related to the insurance package was due to a letter from the
Joint Insurance Pool relative to the exacting and particular provisions of their
master agreement with the City. The revised language reflects exactly what the
insurance authority is offering in the way of insurance protections. Also, the
Water District has an insurance policy in place that will not expire for another
month giving the City more time to make sure that all loose ends are tied together
with regard to overlapping coverage.
Mr. Auerbach added that an item was provided to the Board for consideration last
week from the Water Advisory Commission who met to review the O&M
Agreement after the agenda was prepared. At their meeting of June 24, the
Advisory Commission recommended that the Agreement be approved, but with
additional language added to Section 4. This is some basic language that was
included in the original LAFCO application relating to the creation of a Water
Enterprise Fund and future transfers between City funds.
Mr. Auerbach recognized Mr. Dave Fergurson and Mr. John Chestek of the Water
Advisory Commission, and Chairman Jones asked if they would elaborate on their
item. Mr. Ferguson stated that at the June 24 meeting, the Advisory Commission
unanimously agreed that they would like to see language in the agreement which
parallels the language that was in the LAFCO agreement and provided for the
establishment of a Water Enterprise Fund.
Mr. Shaw interjected that the City has looked at this very closely, and his
recommendation is not to include this language for several reasons. One would be
that we're not consolidating, this is totally different as it's an operations and
maintenance agreement/independent contractor relationship. He recommended
that the Board/Council simply retain its discretion going into the merger and added
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Capistrano Valley Water District
Minutes of the Regular Meeting
July 1, 1997
that the City Manager could comment further either now or at the Council
meeting.
Chairman Jones briefly discussed this with City Manager Scarborough yesterday
and added that with all good intentions, the Board/Council will protect the
enterprise fund, but it would be unfair to encumber future councils with this
particular part of it. Under the circumstances, it would be better to not include
this language in the agreement because of how it could affect future councils' and
their decisions.
Director Swerdlin recommended that staff bring this particular item back in 60
days under the authority of the City for a list of pros and cons and a much deeper
analysis than the Board has received to date. He added he was not quite willing
to drop the issue, but he understood the concerns raised by the Board/Council,
and it would behoove them to bring this particular issue back and he asked this be
included in his motion.
Chairman Jones stated, with all due respect, not to include that in the motion.
The Board/Council could bring it back in 60 days or 90 days and review it again,
but he thought the Board/Council should ratify this agreement as it is, and offered
to make Director Swerdlin's request as a matter of record.
Mr. Ferguson appreciated legal counsel's position that the architecture has
changed somewhat from the original plan of consolidation, but he didn't think the
intent of the language is any different than what was proposed under that
architecture as a guarantee that the water enterprise fund would be held separate.
He stated that it was particularly important for all the rate payers in the District
and may be more relevant for the rate payers living in the Dana Point service area.
He asked the Board to reconsider it. Chairman Jones stated he thought it could be
R�
Capistrano Valley Water District
Minutes of the Regular Meeting
July 1, 1997
handled separately and that the Board/Council needed time to review and develop
the appropriate solution.
Director Swerdlin wanted to ensure that since the City would be handling it and he
wanted to make sure that they state this properly and use the proper vehicle to
the City Council. Mr. Shaw added that the best vehicle would be to hold a joint
meeting of the Board/Council in 60 or 90 days.
Director Hart asked for clarification as to what is being ratified, and Mr. Shaw
stated it is the existing language in the draft/revised Operations and Maintenance
Agreement, and in particular the language at issue being Section 4 -
Reimbursement to City. The Water Advisory Commission wanted to change some
of the language in Section 4 per the memo they submitted to the Board/Council.
Our recommendation is to leave it as is and, per Director Swerdlin's suggestion,
call for a joint meeting in 60 to 90 days with ratification as written in the draft.
Chairman Jones asked if there were any other questions or comments. Director
Swerdlin offered a motion to adopt the Operations and Maintenance Agreement
between the Capistrano Valley Water District and the City of San Juan Capistrano.
Director Greiner seconded the motion which unanimously passed.
Chairman Jones wished to clarify that he understands the Water Advisory
Commission's position concerning the Water Enterprise Fund. He attended a
recent Commission meeting and discussed these very concerns, and he
guaranteed that the Board/Council had no intentions of fooling with the fund
However, the concerns expressed by legal counsel are important and the
Board/Council will follow up within sixty or ninety days.
5