HomeMy WebLinkAboutContracts & Agreements_7-2002 FOR''CDUN rY USE ONLY
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County Department Dept. Orgn. Contractor's License,No.
administrative mice/Special districts
-o my Department Contract Representative Ph. Ext. Amount of Contract
$25,D00County of San Bernardino Fund Dept. Organization Appr. Obj/Rev Source Activity GRC/PRo,f/JOB Number
F A S AAA FAD 135
Commodity Code Estimated Payment Total by Fiscal Year
CONTRACT TRANSMITTALVD FY Amount VD FY Amount
'reject Name 2002J03 $25,000
Donut Hole Agreement-County,
City of Redi"s and CSA 70
EV'-1.
CONTRACTOR City of Redlands
Birth Date Nl"a Federal ID No. or Social Security No. N/A
Contractor's Representative Redlands City Manager
Address 35 Cajon Street, Redlands, CA 9921373 Phone
Nature of Contract. (Briefly describe the general terms of the contract)
This agreement is between the County, County Service Area 70, Improvement Zone V-1 and' the City
of Redlands regarding the provision of water, sewer and other services to the unincorporated area
surrounded by Redlands and known as the "Donut Hole." The terms of the agreement provide that CSA
70 'EV-1 will purchase bulk water and sewer capacity from Redlands to provide retail service's to
customers within the unincorporated area. The City will also provide police and fire services and the
County will pay to the City of Redlands $25,000 in the first year of the agreement and an amount of
sales and property tax generated by new development as specified in the agreement. In addition,
projects will annex into the city after 5 years of the date of occupancy permit.
(A,ttach this transmittal to all contracts not prepared on the "Standard Contract"form.)
A,pprov,e�I ;..te_,1,.eqat ti� Reviewed as to Contract Compliance Reviewed tae Processing.
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county Gnu eelAgency Administrator/GAO
)ate /` .,," ( .z Date Date
REPORT/RECOMMENDATION TO THE 'BOARD OF SUPERVISORS
r OF SAN BERNARDINO COUNTY, CALIFORNIA
Agree. 02-12 AND RECORD OF ACTION
January 8, 2002
FROM: JOHN GOSS, ACA
Economic Development and Public Services Group
EMIL A. MARZULLO, Director
Special Districts Department
SUBJECT: AGREEMENT BETWEEN THE COUNTY, COUNTY SERVICE AREA 70,
IMPROVEMENT ZONE EV-1 (CSA 74 EV-1) AND THE CITY OF REDLANDS,
REGARDING THE PROVISIONOF SERVICES TO UNINCORPORATED AREA
IN THE EAST VALLEY
RECOMMENDATION:
1. Acting as the governing body of both the County and County Service Area 70, Improvement
Zone EV-1 (CSA 70 IEV-1), APPROVE Agreement No. 02-12 with the City of Redlands
specifying certain actions regarding the provision of water and sewer services, the transfer of
sales tax and property taxes for unincorporated area of the East Valley surrounded by the
City Redlands, commonly called the "Donut Hole"
2. FIND that Subsequent Environmental Impact Report (SEIR), SCH ##1999101123 (SEIR) and
those EIRs incorporated by reference into that document, certified by the Board of
Supervisors on October 23, 2001, adequately addressed the potential environmental impacts
associated with implementing the Agreement; and, that none of the conditions described in
Public Resources Code 21162 or Section 15162 of the California Environmental Quality Act
(CEQA) Guidelines have occurred that would require major revisions to the SEIR,
3. DIRECT the Clerk of the Board to file a Notice of Determination.
1 ACKGROUND INFORMATION: On August 14, 2001 the Board of Supervisors approved an
action in conceptual support of a future formal agreement between the County, CSA 70 EV-1
and the City of Redlands that would include seven basic points:
1. Provision of wholesale water and sewer capacity by the City of Redlands to CSA 70 EV-1;
2. Continuation of the land development process within the Donut Hole by the County„
3. Future sphere of influence change and annexation of developed Donut Hole properties to
the City;
4. Transfer of certain County sales tax revenue to the City;
5. Development projects within the area would annex within 5 years of receipt of all certificate
of occupancy;
6. As specified, city to provide police and fire protection to the Donut Hale;
7. Terms of this Agreement do not alter previous Inland Valley Development Agency (IVDA)
tax increment payment agreements, but allow IVDA more freedom to use the payments..
cc: EDIPSG-Goss Record of Action of the board of Supervisors
SDD-Marzullo
Auditor APP"ROV VISORS
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ITEM 1061
REPORT/RECOM MEN DATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIAAND RECORD OF ACTION
January 8, 2002
Page 2 of 3
The staffs of the Special Districts Department, Administrative Office, County Counsel, City of
Redlands, representatives of the United Donut Hole Owners Property Association
(UDHOPA), as well as respective legal counsels have met continuously since September to
draft an agreement acceptable to all parties pertaining to the above points. The negotiated
Agreement addresses all major points and specifies a detailed and orderly plan for the
provision of public services within the Donut Hole. County Service Area 70 EV-1 will supply
all new properties with retail water and sewer services. The City will sell bulk water and
sewer service capacity to CSA 70 EV-1 as specified in the Agreement. City and District will
maintain separate infrastructure to accomplish their mutual roles, Development proposals will
be processed through the County with the provision for sales tax transfer and payments
related to property tax as specified in the Agreement. Developed properties will annex to the
City within 5 years of the receipt of certificate of occupancy. The City will provide police and
fire services to the Donut Hole for a payment of $25,000 from the County for the first year
and for compensation in the future equal to the amount of sales tax generated by the new
development and property tax related payments, The terms of the Agreement specify all tax
actions are at no harm to previously negotiated IVDA tax increment agreements.
The proposed Agreement is a project as defined by the California Environmental Quality Act
(CEQA), The Agreement is a follow-on implementing action supporting the IVDA Area policy
amendments, facilities plan, and revisions to the Citrus Plaza Regional Mall project approved
by the County Board of Supervisors on October 23, 2001, The Subsequent Environmental
Impact Report, SCH #1999101123 (SEIR), certified on October 23, 2001, addresses all
potential impacts of the proposed Agreement, as follows:
Water and Sewer Services: Contracting for the wholesale purchase of water and sewage
treatment plant capacity from the City of Redlands is an action required to implement the
IVDA Area Water and Wastewater Facilities Plan, as approved by the County Board of
Supervisors on October 23, 2001. The SEIR analyzes the impacts of CSA-70 EV-1 providing
water and wastewater service within lVDA Area "A" (the Donut Hole) from several alternative
wholesale sources. The SEIR also incorporates by reference the original Citrus Plaza
Regional Mall EIR, SCH #94082084 and the East Valley Corridor Specific Plan EIR, SCH
#87091408, both: of which analyze the impacts of installing water and wastewater facilities
within the Donut Hole that would supply water produced by the City of Redlands and convey
wastewater to the City of Redlands sewage treatment plant.
Police and Fire Services: The SEIR analyzes potential impacts on fire and police protection
services, considering both County resources and facilities and the potential to contract with
adjacent jurisdictions for such services,
Administrative Provisions; Other provisions of the proposed Agreement, concerning tax
revenue administration and clarification of administrative authority and procedures will not
produce physical impacts requiring CEQA analysis.
Public Resources Code section 21166 sets forth the circumstances that would require
preparation of a Subsequent or Supplemental EIR, as followsi
a) Substantial changes are proposed in the project, which will require major revisions of the
Environmental Impact Report,
b) Substantial changes occur with respect to the circumstances under which the project is
being undertaken which will require major revisions in the Environmental Impact Report,
c) New information, which was not known and could not have been known at the time the
Rev 07/97 Environmental Impact Report was certified as complete, becomes, available,
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION
January 8, 2002
Page 3 of 3
In consideration of this Agreement and its possible environmental effects, the County has
concluded that none of the conditions described in PRC section 21166 (Section 15162 of the
CEQA Guidelines) have occurred. Thus no subsequent EIR is required in granting the next
discretionary approval for the project. The aforementioned SEIR and other EIRs incorporated
by reference adequately address all potential environmental impacts associated with the
action taken by the Board on October 23. No changes have occurred since the Board's
action relative to the provision of water, sewer and other public services to the area known as
the "Donut Hole" that would require major revisions to the previously certified EIR.
REVIEW BY OTHERS: This action has been reviewed by County Counsel (Rex Hinesley) on
January 3, 2002, coordinated with the Third Supervisorial District and reviewed by the County
Administrative Office (Tom DeSantis, Deputy Administrative Officer) on January 3, 2002.
FINANCIAL IMPACT: This Agreement specifies that initial cost to the county is $25,000 for the
first year of extension of police and fire protection by the City of Redlands. Subsequent years'
cost is equal to a sliding scale of the amount of sales tax generated, beginning at the year of the
first issuance of occupancy and continuing for a period of twelve years, at which time, City will
receive 100% of the sales tax generated from new development, Property tax paid to the City is
subject to the 1992 Settlement Agreement between the City and the Inland Valley Development
Agency.
SUPERVISORIAL DISTRICT: Third
PRESENTER: JOHN GOSS, 387-4900
EMIL A. MARZULLO, 387-5950
Rev 07197
1 AGREEMENT
2 CONCERNING THE "DONUT HOLE"
3
4 THIS AG EEiMENT CONCERNING THE "DONUT HOLE" (hereafter the
"Agreement`), is by and between the County of San Bernardino (hereafter the
"COUNTY") and the City of Redlands (hereafter the "CITY"), County Service Area 70,
7 Improvement Zone EV-1 (hereafter "CSA 70 EV-1"), collectively referred to herein as
8 the "Parties", and is effective as of the date last approved by the 'Parties (the "Effective
9 Date").
1'q
11 WITHESSETH:
12
13 WHEREAS, the geographic area known as the "Donut Hole" (more fully
14 described on Exhibit "A" DONUT HOLE DESCRIPTION, hereto) is located in the
15 unincorporated area of the COUNTY but is completely surrounded on all sides by the
16 incorporated CITY; and,
17
18 WHEREAS, both the COUNTY and the CITY have an interest in developing,
19 promoting and maximizing the beneficial use of the Donut Hole as an emerging regional
20 business center; and,
21
22 WHEREAS, businesses seeking locations in the Donut Hole should not become
23 entangled in disputes between the COUNTY and the CITY over water and sewer
24 services, police and fire services„ tax revenue allocations and other jurisdictional issues;
25 and,
26
27 WHEREAS, the CITY has engaged in litigation against the COUNTY as well as
28 property owners within the Donut Hole for the purpose of asserting jurisdiction over the
Pagel RAH 185733.10 0110812002
1 Donut Hole; and,
2 WHEREAS, such litigation has been settled pursuant to a Settlement Agreement
3 dated February 2, 2001; and,
4 WHEREAS, the COUNTY has approved by unanimous vete of the Board of
5 Supervisor amendments to the General Plan, repeal of the East Valley Corridor Specific
6 Plan, amendments of the County Development Code, modifications to previous
7 planning approvals and certified an Environmental Impact Report for such actions; and,
8 WHEREAS, CSA 70 EV-1 is pursuing alternative options for obtaining water and
9 sewer from sources other than the CITY; and,
10 WHEREAS, an agreement with the CITY must be approved by January 8, 2002
11 or CSA 70 EV-1 will seek alternative sources of mater and sewer service; and,
12 WHEREAS, the COUNTY and the CITY desire to set forth their agreement on
13 how to resolve the aforementioned lingering jurisdictional issues and disputes between
14 the two entities on developing the Donut Hole; and,
15 WHEREAS, COUNTY and CITY desire to share, for a limited period of time,
16 sales tax revenue generated from development in the Donut Hole; and
17 WHEREAS, the voters of California, on November 3, 1998, approved Proposition
1'8 No. 11 which amended Article XIII, Section 29 of the California Constitution to allow
19 cities and counties to enter into agreements to share sales and use tax revenues with
0 the approval by the legislative bodies of both entities by a two-thirds vote; and
1 WHEREAS, the State Legislature amended Governmental Code section 55700
22 et seq. to provide the option for approval of sales tax revenue sharing agreements; and
23 WHEREAS, the COUNTY and CITY desire to agree to a distribution of sales tax
24 revenue generated from development in the Donut Hole„ irrespective of jurisdictional
25 boundaries, consistent with this Agreement.
26 NOW, THEREFORE, BE IT RESOLVED, in consideration of the promises and
27 mutual covenants and conditions contained herein, the Parties hereto do hereby agree
8 as follows:
Page 2 ROH 1857 3.10 01108/2002
1 Section 1. WATER AND SEWER SERVICES.
2 1.1 Bulk water and sewer capacity for the Donut Hole will be provided by the
3 CITY to CSA 70 EV-1. The CITY warrants and represents that it will provide adequate
4 capacity in its water and waste water collection systems to CSA 70 EV-1 to meet the
5 demands of development within the Donut Hole as that development occurs., and that it
6 has adequate capacity in its waste water treatment plant to serve the Donut Hale.
7 During the term of this Agreement, the CITY shall be unconditionally obligated to sell'
8 adequate water and provide sewer capacity to GSA 70 EV-1 so that CSA 70 EV-1 can
9 provide water and sewer service to the Donut Hole properties as necessary to
13 accommodate development of such properties subject to the preconditions that (i) water
11 supply be reasonably, physically available to the CITY, with the CITY obligated to use
12 best efforts to obtain such water; and, (ii) the CITY is not prohibited from providing
13 service as a result of its compliance with Federal and State laws. Such provision of
14 water and sewer service by the CITY to GSA 70 EV-1 shall not be subject to moratorium
15 or water conservation measures, unless, (i) that moratorium or water conservation
16 measure is enacted by the CITY in accordance with state or federal mandates, or (ii) is
17 a water conservation measure implemented by the CITY under the Redlands Municipal
13 Code to apply in the same manner as applied to the CITY°s then-existing water
19 customers and does not constitute a defacto moratorium on building within the Donut
20 Hole. The Parties hereto acknowledge that (i) CITY is in the process of implementing a
21non-potable water system which will deliver non-potable water through local non-
2 potable water, mains and extensions installed by CSA 70 EV-1 and connected to the
3 CITY constructed master planned non-potable water facilities (as shown on Exhibit T",
4 REDLANDS WATER AND SEER MASTER PLANS, Page 3 of ) for landscaping and
5 other non-potable water uses, and (ii) existing wells located within the Donut Hole could
6 also be used for landscaping and other non-potable water uses. CSA 70 EV-1 shall
7 require new development within the Donut Hole to install local non-potable water mains
8 and extensions to connect to the CITY constructed master planned non-potable water
Page 3 RAH 185733,10 0110812002
1 system (as shown on Exhibit "D„! REDLANDS WATER AND SEWER MASTER PLANS,
Page 3 of 3) in accordance with the C,ITY's requirements. In the event CITY's non-
3 potable system is net available at the time of issuance of the first certificate of
4 occupancy for any project within the Donut Hole, CITY agrees to service the non-
potable system with potable water (charging at water rates based on the actual cast for
5 the potable water supplied [potable water usage rates], but the 'dater Capital
7 Improvement Charges will be at the rates applicable to non-potable water) until such
8 time as non-potable water is available to service the non-potable system. The Parties
9 acknowledge that the rates for non-potable water have not been established as of the
10 Effective Date. CITY agrees to establish such non-potable water rates on a consistent
11 CITY-wide basis as quickly as practicable following execution of this Agreement. Any
12 such non-potable rates and charges will' be based on a consistent rate structure which
13 shall be based on the actual cost to provide non-potable water service to properties
14 located within zones within the CITY's service area.
15
16 1.2 Capacity, impact and/ or connection fees ("Water and Sewer Capital
17 Improvement Charges") to access the CITY"s system will be paidto CITY by
18 CSA 79 EV-1 at the time of project building permit issuance by the COUNTY, Such
19 fees will be reimbursed to CSA 76 EV-1 from the property owner at no markup.
20 Capacity or connection fees will be based on the same fee structure for properties
21 located within the CITY's service area that access CITY water and sewer services. No
22 additional or special fees or charges shall be imposed in connection with the sale of
23 water and sewer capacity to CSA 76 EV-1. Attached hereto as Exhibit "B", WATER
24 AND SEWER CAPITAL IMPROVEMENT CHARGES, is a complete and exclusive list of
25 capacity, impact and/or connection fees charged in connection with accessing CITY's
26 water and sewer system. CITY shall have the right to modify the '!Fater and Sewer
27 Capital Improvement Charges set forth on Exhibit "B", WATER AND SEWER CAPITAL
28 IMPROVEMENT CHARGES, from time to time, so long as such modifications are
Page 4 RAH 185733.10 0110812 72
1 applied uniformly throughout CITY's service area; provided, however, the 'Water and
2 Sewer Capital Improvement Charges set forth on Exhibit "B'% WATER AND SE'W'ER
3 CAPITAL IMPROVEMENT CHARGES, shall remain in effect for the following time
4 period's without modification with respect to any project which obtains final project
approvals and a development agreement from the COUNTY on or before October 1,
6 2002:
7' (i) for a single phased project, the dater and Sewer Capital Improvement
8 Charges set forth on Exhibit "S", WATER AND SEWER CAPITAL IMPROVEMENT
9 CHARGES, shall remain in effect for a period of three years from the Fate (herein
10 :"Approval Date") of project approval and entry into a development agreement with
11 COUNTY; and
12 (ii) for a multiphased project, the Water and Sewer Capital Improvement
13 Charges set forth on Exhibit "E", WATER AND SEWER CAPITAL IMPROVEMENT
14 CHARGES, shall remain in effect for a period of three years from the Approval Date
15 with respect to the first phase of such project and shall remain in effect for five years
16 from the Approval Date with respect to subsequent phases of the project.
17
18 1.3 The cost of monthly water and sewer services to CSA 70 EV-1 will be
19 calculated at the CITY's actual' cost of providing the service as shown in Exhibit "C",
26 CUSTOMER SERVICE CHARGES, as "Inside Rates" provided that the CITY shall' have
21 the right to modify the Customer Service Charges and rates shown in Exhibit "C",
22 CUSTOMER SERVICE CHARGES, from time to time, so long as such modifications are
23 applied uniformly throughout CITY's service area in the same manner calculated for
24 other similar customers of the CITY; provided, however, that the Parties hereto
25 recognize and agree that CITY is providing water and sewer service to CSA 70 EV-1 on
26 a bulk basis and CITY will not be providing new water and sewer service to any property,
27 owners within the Donut Hole. CSA 70 EV-1 shall provide meter reading and billing,
28 therefore, since the CITY will not incur those costs the Water Service Charge will be
Page 5 RAH 135733.10 0110812002,
1 reduced by deleting the customer service component of the CITY rate structure.
2 CSA 70 EV-1 shall provide operation and maintenance of local mains and extensions
3 and appurtenances. Accordingly, the utility customer charges will be reduced on a cost
4 basis by an amount equal to the maintenance, operation and depreciation costs
5 incurred by CSA 70 EV-1 on the potable water, non-potable water and sewer systems
6 owned by CSA 70 EV-1 in the Donut Hole. Those charges will be deleted from the
7 normal calculation of service charges of CITY. Attached hereto as Exhibit "C",
8 CUSTOMER SERVICE CHARGES, is a complete and exclusive schedule of the
9 component parts of the monthly service cost that will be charged by CITY to
10 CSA 70 EV-1. CSA 70 EV-1 will install individual meters for each customer to which it
11 provides water service within the Donut Hole. The monthly charge from CITY to
12 CSA 70 EV-1 shall be paid by CSA 70 EV-1 based upon the cumulative total of all' water
13 and sewer service units provided to individual customers and based on meter readings
14 for those customers. CITY shall have the right to periodically audit meter readings.
15 CSA 70 EV-1 shall test and replace defective meters.
1
17 1.4 The cost of infrastructure development within the Donut Mole shall be paid
18 for by the Donut Hole property owners and conveyed in fee to CSA 70 EV-1..
19 CSA 70 EV-1 shall adopt water, sewer and non-potable water design standards that are
20 consistent with CITY standards, as amended from time to time by CITY. CSA 70 EV-1
21 shall be responsible for installation of extensions and local main lines fronting the
22 developed property. To the extent that CSA 70 EV-1 requires any property owner to
23 oversize such lines, such property owner shall enter into a reimbursement agreement or
24 other arrangement with CSA 70 EV-1. Should the formation of a special financing
25 district for primary or oversized infrastructure be deemed desirable, COUNTY will
26 consider the formation of an assessment or special tax district. With respect to costs
27 incurred by Donut Hole owners prior to the Effective Date in connection with future
28 construction of primary or oversized infrastructure within the Donut Hole, CSA 70 EV-1
Page 6 RAH 185733.10 0110812002
1 and the property owners will enter into an arrangement (such as a Community Facilities
2 District) to reimburse such costs to the extent legally permissible in accordance with
3 COUNTY policy and spread the costs ratably over the land within the Donut Hole.
4
5 1.5 CITY acknowledges that CSA 70 EV-1 will incur significant capital costs in
8 connection with constructing pipelines and other infrastructure within the Donut Hole for
7 the purpose of providing retail water and sewer service to the Donut Hole. In order for
8 CSA 70 EV-1 to be financially viable, it must have a stable customer Kase and a steady
0 source of revenue for repayment of such capital costs as well as for continued
10 maintenance and payment of administrative costs of operating CSA 70 EV-1.
11 Accordingly, CITY agrees that CSA 70 EV-1 will have the exclusive right to provide
12 water and sewer services to the entire Donut Hole untilsuch time as CITY has annexed
13 the entire Donut dole; provided, however, the following rules shall apply to existing
14 CITY water and sewer customers within the Donut Hole: (i) CITY shall continue to serve
15 property ("CITY Served Property") for which the current owner or occupant is an active
16 water and/or sewer customer of CITY (as shown on Exhibit `°D", REDLANDS WATER
17 AND SEWER MASTER PLANS, pages 1 & 2 of 3), and who must also be currently
18 receiving such services and currently being billed for such services, but only to the
10 extent that the existing use of the property being served does not change or significantly
20 expand and the volume and type of water and/or sewer usage remains substantially the
21 same as existing on the Effective Date, (ii) at such time as the use of CITY Served
22 Property changes, or the owner thereof proposes a significant expansion of the use
23 thereof, CITY shall terminate its services to such property and CSA 70 EV-1 shall
24 commerce serving such property under the terms of this Agreement, and (iii) prior
25 customers of CITY within the Donut Hole who are not currently receiving services and
26 are not currently being billed by CITY shall receive all water and sewer services from
27 CSA 70 EV-1 in accordance with the terms of this Agreement, except that if the prior
28 customer has an existing meter on-site and desires to reinstate water and/or sewer
Page '7 RAH 133733.10 0110812002
1' service for the identical use previously served by CITY, CITY shall be entitled to
2 reinstate service under such circumstances. Although this Agreement anticipates
piecemeal annexation of the Donut Hole into CITY, CITY agrees that CSA 70 EV-1 will
4 continue to provide service to those properties annexed into CITY until the entire Donut
5 Hole has been annexed. Accordingly, CITY agrees that the normal rule that a County
6 Service Area is absorbed into a CITY upon annexation of affected properties will not
7 apply until the entire Donut Hole has been annexed into CITY.
8
9 1.6 The Parties hereto acknowledge that the CITY General Plan includes
10 provisions commonly known as )Measure U which provide (among other things) certain
11 rules as to the provision of water and sewer service to areas outside of CITY. The
12 Parties hereto have reviewed and analyzed Measure U and concluder) that this
13 Agreement is in compliance with Measure U. In order to provide further assurance of
14 compliance, CITY shall cause its CITY Attorney to issue a formal opinion to
15 CSA 70 EV-1 and COUNTY that this Agreement is in compliance with Measure U.
16 Such opinion shall include a detailed analysis of pleasure U, a review of applicable case
17 law,, statutory law and constitutional provisions, and a detailed application of such law to
18 the actual situation presented by CITY's sale of bulk water and sewer service to
19 CSA 70 EV-1 pursuant to this Agreement. The form of such formal opinion shall be
20 subject to COUNTY and CGA 70 EV-1 approval prior to execution of this Agreement
21
22 1.7 CITY agrees to indemnify, and hold harmless the COUNTY and
23 CSA 70 EV-1 from any suits, claims, cost, liabilities, or attorney's fees incurred by the
24 COUNTY and/or CSA 70 EV-1 arising from or in connection with any claim, suit or
25 determination by any court of law that this Agreement is not in compliance with Measure
26 U. In addition, in the event a lawsuit is filed challenging the validity of this Agreement as
27 in violation of Measure U, and such lawsuit is not finally resolved within six months from
26 the date of filing, CSA 70 EV-1 and/or COUNTY shall be entitled to terminate this
Page 8 RAH 10573 .r0 0110812002
1 Agreement without any further obligation to CITY or to each other. Notice of such
termination shall be given pursuant to Section 8, NOTIFICATIONS.
3
4 1.8 CSA 70 EV-1 shall own all water distribution and sewer collection
6 infrastructure constructed for its provision of water and sewer to the Donut Dale, CITY
6 shall be entitled to construct and own water transmission and sewer trunk infrastructure
7 set forth in its Water and Sewer Master Plans, as they may be amended from time to
8 time by CITY, that service areas within and outside the Donut Hole. It is the intent of
g the Parties hereto that CITY's ownership of infrastructure within the Donut Hole shall be
10 limited to major transmission and trunk lines that are used for the broad transmission of
11 water and collection of wastewater as set forth on Exhibit "'D", REDLANDS WATER
12 AND SEWER MASTER PLANS, as they may be amended from time to gime by CITY,
13 specifically excluding any infrastructure used for retail water distribution and sewer
14 collection. CSA 70 EV-1 shall be entitled to connect to such infrastructure owned by
15 CITY. CITY :shall construct such transmission and trunk lines as necessary to
16 accomplish development in the Donut Hole in consideration of the Water and Sewer
17 Capital Improvement Charges paid in accordance with Section 1.2. At such time as the
18 entire Donut Hole is annexed into the CITY, and CSA 70 EV-1 is dissolved, all
19 infrastructure and assets of CSA 70 EV-1 shall be transferred to CITY in fee at no cost
20 to CITY.
1
22 1.9 Except as provided in Section 1.2, CSA 70 EV-1 shall) pay the CITY's then
23 current Water and Sewer Capital Improvement Charges for providing water and sewer
24 capacity requested by CSA 70 EV-11, in the amount calculated and provided in a
26 statement by the CITY to CSA 76 EV-1, as a condition of issuance of a building permit
26 or a tenant improvement building permit (if the use is a higher demand use than
27 originally assumed in calculating the fee for the original building permit), for any
28 development project in the Donut Hole requiring such water or sewer capacity from
Page 9 RAH 1e57 .10 0110&2002
1 CSA 70 EV-1. In applying such fee structure, incremental demand will be established
2 by CITY's Municipal Utilities in the same manner as applied to development inside the
3 CITY''s water and sewer service area. If a dispute arises between the CITY and
CSA 70 EV-1 as to the amount of the Water and Sewer Capital Improvement Charges
6 statement rendered by the CITY, CSA 70 EV-1 shall nevertheless pay such Water and
Sewer Capital Improvement Charges. Thereafter, the CITY and CSA 70 EV-1 shall
7 conduct good faith negotiations in an attempt to resolve the dispute for not less than
8 thirty (30) days. If the dispute continues after the thirty (30) days of good faith
g negotiations and the amount in dispute is less than One Hundred Thousand Dollars
10 ($100,000.00), CSA 70 EV-1 may subsequently submit the dispute to binding arbitration
11 under Rule 31, "Final Offer (or Baseball)" Arbitration Option, of the JAMS
12 Comprehensive Arbitration Rules and Provisions. If the dispute continues after the
13 thirty (30) days of good faith negotiations and the amount in dispute is equal to or
14 greater than One Hundred Thousand Dollars ($100,000.00), CSA 70 EV-1 may
15 subsequently submit the dispute to binding arbitration under JAMS Comprehensive
16 Arbitration Rules and Provisions, modified with the following Party agreed procedure:
17 there shall be three (3) neutral Arbitrators under Rule 7, Number of Arbitrators and
18 Appointment of Chairperson. The "amount in dispute" for the purposes of this Section
19 1.9 shall be the difference between the amount of the Water and Sewer Capital
20 Improvement Charges statement rendered by the CITY and the amount CSA 70 EV-1
21 believes should be the Water and Sewer Capital Improvement Charges. The Parties
22 agree that CSA 70 EV-1, in its sole discretion, may allow any real party in interest to
23 participate (to the extent determined by CSA 70 EV-1 in its sole discretion) in any of the
24 negotiations and/or arbitrations with the CITY contemplated by this Section 1.9.
26
26
27 Section 2. DEVELOPMENT APPROVALS. The Donut Hole is located in
28 COUNTY unincorporated area and not within the sphere of influence of the CITY.
Page 10 RSI H 15573'3.10 011081 002
I Therefore, Donut Hole property owners shall process (under the COUNTY's fee
2 structure) and build their projects in the donut Hale utilizing COUNTY approvals through
3 completion of the projects' construction.
4
5 ,Section 3. ANNEXATION OF DONUT HOLE PROPERTIES.
6 3.1 The Parties anticipate that, with respect to any parcel located within the
7 Donut Hole for which a Certificate of Occupancy has been granted (herein "Annexation
8 Parcel"), such Annexation Parcel will be annexed into the CITY (concurrently with a
g change in Sphere of Influence) within five years of the date of issuance of such
10 Certificate of Occupancy.
11
12 3.2 The Parties agree to use good faith efforts to encourage and assist the
13 annexation of such Annexation Parcels within five years of the date of issuance of such
14 Certificate of Occupancy.
is
16 3.3 CSA 70 EV-1, concurrently with approving water and/or sewer service to
17 any parcel in the Donut Hole, shall recorda "Novice of Condition" giving record notice of
13 the requirements of this Agreement (including, if it has been approved under Section
19 3.5, the one time approval of annexation and change of sphere of influence).
20
21 3.4 CITY shall be responsible for filing annexation applications with LAFCO
22 for all ,annexations anticipated pursuant to this Agreement. Such annexation
23 applications shall consolidate as many Annexation Parcels as practicable, and shall be
24 filed no more often than on an annual basis, with the specific date of filing at the
25 discretion of CITY. Such CITY annexation application shall include only parcel's for
26 which a Certificate of Occupancy was issued at least five years prior to the date of the
27 annexation application, except that a donut Hole property owner may, within its sole
28 discretion, consent to an annexation following a Certificate of Occupancy for such
Page 11 RAH 185733.10 0110812002
1 parcel but prior to the expiration of five years subsequent to such issuance. To the
2 extent practicable, CITY shall attempt to cause annexations to be effective as of the
3 beginning of a fiscal year, namely duly 1. CITY shall pay the entire cost of processing
4 such annexation applications.
6 3.5 The Parties hereto acknowledge that, pursuant to Assembly Bill 1544,
7 neither annexation nor a change in the sphere of influence with respect to property
8 within the Donut Hole is effective unless approved by Donut Hole property owners
g representing more than 50 percent of the assessed valuation of property within the
10 Donut Hole. In order to effectuate the annexation provisions of this Agreement, the
11 parties hereto shall use good faith efforts to cause a vote of the Donut Hole property
12 owners to be held within 60 clays of the Effective Date of this Agreement for the purpose
13 of obtaining a one-time approval of all annexations and changes in sphere of influence
14 anticipated by this Agreement. If Donut Hole property owners representing more than
15 50 percent of the assessed valuation of property within the Donut Hole do not approve
16 the one-time approval of all annexations and changes in Sphere of influence anticipated
17 by this Agreement within one hundred twenty (120) days of the Effective Date of this
18 Agreement any party shall be entitled to terminate this Agreement by giving written
19 notice to the other parties hereto of its intention to terminate this Agreement within thirty
20 (30) days following expiration of such 120 day period. Upon any such termination, all
21 parties will be relieved of any and all duties and responsibilities under this Agreement.
22
23 3.6 Notwithstanding the foregoing, the failure of any or even all of the Donut
24 Hole property owners to consent to annexation (and concurrent change in sphere of
25 influence) within five (5) years from the issuance of the first Certificate of Occupancy for
26 any parcel on their property shall not be considered a material breach of this Agreement
27 and shall not be the basis for termination of this Agreement, except during the thirty (30)
28 day period set forth in Section 3.5 hereof.
Page 1'2 RAH 185733.r0 0 rtra 002
1 Section 4. PERMANENT SALES TAX SHARING AGREEMENT.
2 4.1 Unless the context otherwise requires, the terms defined in this Section
3 shall, for all purposes of this Agreement, have the meanings herein specified.
4 Fiscal Year: "Fiscal Year" is defined as July 1 through June 30.
5 Sales Tax Revenue: "Sales Tax Revenue" is defined as the amount of sales and use
6 tax disbursed by the State Board of Equalization to the COUNTY or CITY under
7 authority granted to the COUNTY or CITY pursuant to the Bradley-Burns Uniform Local
8 Sales and Use Tax Law (Revenue and Taxation Code sections 7200 et seq.).
9
10 4.2 From and after the Effective Date, the COUNTY and the CITY shall divide
11 Sales Tax Revenue generated by development in the Donut Hole as follows:
12 For each parcel of a project located in the Donut Hole, Sales Tax Revenue generated
13 by such parcel of a project shall be divided as follows:
14 Year(s) Allocation
15 From issuance of first Certificate of
16 Occupancy for each parcel of a
17 project to twelve months thereafter (Year 0) 75% COUNTY/25% CITY
18 1-5 25% COUNTY/75% CITY
19 6 21% COUNTY /79% CITY
20 7 17% COUNTY/83% CITY
21 8 12% COUNTY/88% CITY
22 9 8% COUNTY/92% CITY
23 10 4% COUNTY/96% CITY
24 11 and thereafter 0% COUNTY/100% CITY
25
26 The Parties acknowledge that the allocation schedule set forth above applies separately
27 to each parcel of a project within the Donut Hole. To the extent that there are any
28 entities or persons operating on or capable of operating on a parcel within the Donut
Page 13 RAH 1857 .10' 0110812002
1 Hole on the Effective date based upon development approvals in effect prior to the
2 Effective Gate, any Sales Tax Revenue from such entity/person will become subject to
3 the above division only when the first Certificate of Occupancy for said parcel is given
4 after the Effective Date.
a
6 4.3 The COUNTY shall pay to CITY the appropriate percentage (as
7 determined pursuant to Section 4.2 above) of Sales Tax Revenues received by
8 COUNTY from development in the Donut Hole within 120 days of receipt of such
9 revenues from the Mate Board of Equalization. If the CITY annexes some or all of the
16 Donut Hole, CITY shall pay to COUNTY the appropriate percentage (as determined
11 pursuant to Section 4.2 above) of Sales Tax Revenues received by CITY from
12 development in the Donut Hole within 120 days of receipt of said revenues from the
13 State Board of Equalization.
14
16 4.4 The COUNTY shall provide the CITY with a Statement of Account upon
16 request of CITY. The Statement of ,Account shall include the following: Sales Tax
17 Revenue for the Donut Hole received by the COUNTY to date for the current Fiscal
18 Year; Sales Tax Revenue for the Donut Hole received by the COUNTY during the
19 preceding Fiscal Year; Sales Tax Revenue for the Donut Hole disbursed pursuant to
20 this Agreement by COUNTY to City during the preceding Fiscal Year; and the total of all
21 Sales Tax Revenues disbursed pursuant to this Agreement by COUNTY to CITY from
22 the Effective Date. If the CITY annexes some or all of the Donut Hole, CITY shall
23 provide the same information to COUNTY upon request.
24
25 4.8 The COUNTY's Auditor/Controller/Recorder may deduct from amounts
26 paid to CITY pursuant to Section 4.3 above the Auditor/Controller/Recorder's
27 reasonable costs of establishing systems to administer and administering the provisions
28 of this Agreement, If the CITY annexes some or all of the Donut Hole, CITY's Finance
Page 14 RAH 185733.ata 0110&12W2
1 Department may deduct from amounts paid to COUNTY pursuant to Section 4.3 above
2 the Finance Department's reasonable costs of establishing systems to administer and
3 administering the provisions of this Agreement
4
5 Section 5. POLICE AND FIRE SERVICES. Upon receipt of the first Certificate
6 of Occupancy for any parcel of a project in the Donut Hole, the CITY will provide police
7 and fire services to the entire Donut Hole for a fee that is no more than the CITY's
8 actual cost to provide such services, not to exceed $25,000. The fee charged by the
9 CITY for police and fire services will be paid by the COUNTY, but will terminate after
10 one year and thereafter the CITY shall not charge for the provision of these services to
11 the entire Donut Hole in recognition that the sales tax paid to CITY in accordance with
12 Section 4, PERMANENT SALES TAX SHARING AGREEMENT, and the amounts paid
13 to CITY in accordance with Section 5, PROPERTY TAXES, hereof, at least equal if not
14 exceed the CITY's cost of providing such services.
1
16 Section 5. PROPERTY TAXES. The Parties agree that following
17 annexation of any parcel within the Donut Hole, the property taxes attributable to that
18 parcel will be shared as required by law and/or as previously agreed in the 1992
19 Settlement Agreement between the Inland Valley Development Agency ("IVDA") and
209 the CITY, the 19903 IVDA Redevelopment Plan, and IVDA/Donut Hole related pass-
21 through agreements, but with no restrictions on the use of that portion received by the
22 IVDA as tax increment revenues. CITY agrees that the IVDA is an express third-party
23 beneficiary for the purposes of the preceding sentence in this Section only. Further, in
24 consideration of the CITY providing police and fire services to the entire Donut Hole as
25 required in Section 5, POLICE AND FIRE SERVICES, if annexation of a parcel does not
26 occur with five (5) years from the date of the first Certificate of Occupancy for that
27 parcel, the COUNTY agrees to pay to CITY an amount equal to what the CITY would
23 have received in property taxes for that parcel if an annexation had occurred for such
Page 15 RAH 185733.10 0110812002
1 parcel. The COUNTY's obligation to make such payment to CITY will start with the next
2 Fiscal Year after the annexation should have occurred for such parcel, and shall be paid
3 within sixty (80) days of the COUNTY's actual receipt of its share of property taxes for
4 that parcel.
5
5 Section 7. ASSIGNMENT. Neither this Agreement nor any clause or provision
7 contained herein may be assigned, transferred or released without the express written
8 consent of the Parties hereto.
9
10 Section 8. NOTIFICATIONS.. All notices, statements, demands, requests,
1'1 consents, approvals, authorizations, terminations, appointments or designations
12 hereunder by any party shall be in writing and shall be sufficiently given and served
13 upon the other parties personally, or if sent by United States registered mail, return
14 receipt requested, postage prepaid and addressed as follows.
15
16 COUNTY; County Administrative Officer
County of San Bernardino
17 385 North Arrowhead Avenue, 5th Floor
18
San Bernardino, CA 92415
1'9
20 CSA 70 EV-1: County Service Area 70 EV-1
Special Districts Department
21 157 West Fifth Street
22 San Bernardino, CA 92415-0450
23
24 CITY: City tanager
25 City of Redlands
35 Cajon Street
26 Redlands, CA 92373
27
28
Page 16 RAH 185733.10 0110812002
1 Section 9. AUTHORITY TO EXECUTE, The person or persons executing this
2 Agreement warrant and represent that they have the authority to execute this
3 Agreement on behalf of their respective party.
4
5 Section 10. TERM AND TERMINATION. This Agreement shall continue in full
6 force and effect from its Effective Date until the later of (i) thirty years, or (ii) all of the
7 parcels comprising the Donut Hole become annexed to an existing city or incorporated
8 into any newly created city. No remedy of termination of this Agreement shall be
9 available to CITY or COUNTY, or their successors or assigns, with regard to any breach
10 hereof, but all other remedies at law or in equity shall be available with respect to any
11 breach hereof. However, this Agreement may be terminated by CSA 70 E1/-1 and/or
12 COUNTY in accordance with Section 1.7, and by any of the Parties in accordance with
13 Section 3.5 hereof. Additionally, COUNTY shall have the right to terminate this
14 Agreement should a referendum petition challenging the validity of the Agreement be
15 filed with the CITY Clerk and thereafter certified by said Clerk to the CITY Council as
1,6 containing a sufficient number of verified signatures of registered voters to qualify it for
17 the ballot.
18
19 Section 11. REMEDIES ON DEFAULT. In the event of any material default
20 hereunder by CITY, in addition to any other remedies available to the COUNTY or
21 CSA 70 EV-1 at law or in equity, the following remedies shall be available to COUNTY or
22 CSA 70 E1✓-1 as appropriate:
23 11.1 The sales tax sharing obligations of COUNTY referenced in Section 4,
24 PERMANENT SALES TAX SHARING AGREEMENT, of this Agreement shall
25 immediately cease. If CITY cures the default with the written consent of COUNTY and
26 CSA 70 E1/-1 at a later point in time, sales tax sharing shall commence as of the date of
27 cure, but COUNTY shall be permanently relieved of its sales tax sharing obligations during
28 the pendency of the default;
Page 17 RAH 185733, 0110812002
1 11.2 The property tax sharing obligations of COUNTY referenced in Section 6,
2 PROPERTY TAX SNARING, of this Agreement shall immediately cease. If CITY cures
3 the default with the written consent of COUNTY and CSA 70 EV-1 at a later point in time,
4 property tax shoring shall commence as of the date of cure, but COUNTY shall be
5 permanently relieved of its property tax sharing obligations during the pendency of the
6 default;
7
8 11.3 The rights of CITY to file annexation applications pursuant to Section 3,
9 ANNEXATION OF DONUT HOLE PROPERTIES, of this Agreement, and the obligation
10 of property owners to cooperate and consent to such annexation, shall terminate. If CITY
11 cures the default with the written consent of COUNTY and CSA 70 EV-1 at a later point in
12 time, CITY's right to file annexation applications and the property owners' obligation to
13 consent and cooperate shall be reinstated as of the date of cure of such default;
14
15 11.4 CSA 70 EV-1 shall be entitled to recover the following monetary damages:
16
17 A. Reimbursement by CITY of the full amount of any judgment or claim
18 of any nature (including punitive or consequential damages) successfully asserted against
19 CSA 70 EV-1 arising from CITY's failure to timely provide bulk water and sewer services
20 pursuant to this Agreement to CSA 70 EV-1, with the result that CSA 70 EV-1 cannot
21 provide water and sewer services to its existing customers or to, prospective customers
22 with development projects awaiting availability of water and sewer service; and,
23
24 E. Reimbursement by CITY to CSA 70 EV-1 of the billing revenues lost
25 to CSA 70 EV-1 arising from its failure to provide water and sewer services to its retail
26 customers due to CITY's failure to timely provide bulk water and sewer services pursuant
27 to this Agreement, and,.
28
Page 18 RAM 185733.10 0108/2002
1 C. Interest at ten percent (10%) per annum or the maximum rate
CCA 70 EV-1 may charge under applicable law, whichever is lower, calculated from the
date of less of revenues by CSA 70 EV-1, or the date of an expenditure by CSA 70 EV-1
4 arising from a breach by CITY, to the date of repayment by CITY.
5
6 11.5 Any other amount necessary to compensate to COUNTY or CSA 70 EV-1
7 for all the detriment proximately caused by CITY's failure to perform CITY's obligations
8 under this Agreement or which in the ordinary course of things would be likely to result
9 therefrom.
10
11 Section 12. SPECIFIC PERFORMANCE. The Parties understand that the
12 performance required under this Agreement is unique and for that reason, among
13 others, the Parties to this Agreement will be irreparably damaged if this Agreement is
14 not specifically enforced. Accordingly, in the event that CITY fails to timely provide bulk
15 water and sewer service to CSA 70 EV-1, CSA 70 EV-1 will be irreparably damaged if
16 this Agreement is not specifically enforced. Accordingly, in the event of any controversy
17 concerning the CITY's obligation to timely provide bulk water and sewer service
18 hereunder, CITY's obligation to provide such services shall be enforceable by CSA
19 70 EV-1, in a court of equity by a decree of specific performance or by injunction. The
0 Parties hereto waive any argument that monetary damages are adequate. Such
21 remedies and all other rights and remedies set forth herein shall be cumulative and not
22 exclusive and shall be in addition to any and all other remedies which CSA 70 EV-1 may
23 have hereunder at law or in equity.
4
5 Section 13. "WAIVER. Any waiver by one of the Parties of any breach of any
6 one or more of the terms of this Agreement shall not be construed to be a waiver of any
27 subsequent or other term thereof. Failure on the part of one of the Parties to require
8 exact, full, and complete compliance with any terms of this Agreement by the other
Page 19 RAH 165733.10 0110&2002
1Party shall not be construed as in any manner changing the terms of this Agreement,.
2 nor stopping the enforcement thereof.
3
4 Section 14. SEVERABILITY. If any provision of this Agreement is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remaining
6 provisions shall nevertheless continue in full force without being impaired or invalidated'
7 in any way, except that if the CITY's obligation to sell bulb water and sewer services
8 pursuant to this Agreement is deemed invalid, void or unenforceable by a court of
9 competent jurisdiction, the remaining provisions of this Agreement shall terminate.
10
11 Section 15. GOVERNING LAW. This Agreement shall be governed by and
12 construed in accordance with the laws of the State of California.
13
14 Section 16. VENUE. This Agreement was entered into ,and is intended to be
1'5 performed in San Bernardino County, California. Venue for any action brought by either
16 of the Parties shall be the Superior Court of California, County of San Bernardino,
17 Central District. Each of the Parties hereby waives any rule of law or rube of court that
18 would allow it to request or demand a change in venue. If any action concerning this
19 Agreement is brought by any third party, the Parties shall use their best efforts to obtain
20 a change in venue to the Central' District of San Bernardino County.
21
22 Section 17. ATTORNEY FEES AND COSTS. If any legal action is instituted to
23 enforce any of the Parties rights hereunder, each of the Parties shall bear its own costs
24 and attorneys' fees, regardless of who is the prevailing party. This paragraph shall not
25 apply to those costs and attorneys' fees directly arising from a third-party legal action
26 against a party hereto and payable under Section 19, INDEMNIFICATION,
27
28
Page 20 RAH 185733:0 0110812 02
1 Section 18. JURY TRIAL WAIVER. COUNTY, CSA 70 EV-1 and CITY hereby
2 waive their respective rights to trial by jury and agree to accept trial by judge alone for
3 any cause of action, claim, counterclaim, or cross-complaint in any action, proceeding,
4 and/or hearing brought by either of the Parties against the other(s) on any matter arising:
5 out of, or in any way connected with, this Agreement, the relationship of the Parties or
6 any claim of injury or damage, or the enforcement of any remedy under any law, statue,
7 or regulation, emergency or otherwise, now or hereafter in effect.
8
9 Section 19, INDEMNIFICATION.
10 19.1 The CITY agrees to indemnify and hold harmless the COUNTY and/or
11 CSA 70 EV-1 and their authorized officers, employees, agents and volunteers from any
12 and all claims, actions, losses, damages, and/or liability arising from CITY's and its
13 authorized officers , employees', agents' and volunteers' acts, errors, or omissions and
14 for any costs or expenses incurred by COUNTY and/or CSA 70 EV-1 on account of any
15 claim therefore, except where such indemnification is prohibited by law,
16 19.2. The COUNTY agrees to indemnify and hold harmless the CITY and/or
17 CSA 70, EV-1 and their authorized officers, employees, agents and volunteers from any
18 and all claims, actions, losses, damages, and/or liability arising from COUNTY's and its
19 authorized officers', employees', agents' and volunteers' acts, errors, or omissions and
20 for any costs or expenses incurred by CITY on account of any claim therefore, except
21 where such indemnification is prohibited by law.
22
23 19.3 CSA 70 EV-1 agrees to indemnify and hold harmless the CITY and/or
24 COUNTY and their authorized officers, employees, agents and volunteers from any and
25 all claims, actions, losses, damages, and/or liability arising from CSA 70 EV-1's and its
26 authorized officers', employees', agents' and volunteers' acts, errors, or omissions and
27 for any costs or expenses incurred by CITY and/or COUNTY on account of any claim
28 therefore, except where such indemnification is prohibited by law.
Page 21 R4H 185733,10 0110812002
Section 20. INDEPENDENT CAPACITY.
2
3 20.1 The CITY, its officers, employees, and agents shall act in an independent
4 capacity during the term of this Agreement and not as officers, employees, or agents of
,5 the COUNTY and/or CSA 70 EV-1, nor shall they have authority to contract for or on
6 behalf of , or incur obligations on behalf of, the COUNTY and/or CSA 70 EV-1.
7
8 202 The COUNTY, its officers, employees, and agents shall act in an
9 independent capacity during the term of this Agreement and not as officers, employees,
10 or agents of the CITY and/or CSA 70 EV-1, nor shall they have authority to contract for
11 or on, behalf of, or incur obligations on behalf of, the CITY and/or CSA 70 EV-1.
12
13 20.3 GSA 70 EV-1, its officers, employees, and: agents shall act in an
14 independent capacity during the term of this Agreement and not as officers, employees,
15 or agents of the CITY and/or COUNTY, nor shall they have authority to contract for or
16 on behalf of, or incur obligations on behalf of, the CITY and/or COUNTY.
17
18 Section 21. EXHIBITS. All exhibits attached to this Agreement are incorporated
19 herein by reference.
20 :
21 Section 22. INCORPORATION OF RECITALS. The Recitals are specifically
22 incorporated into this Agreement.
23
24 Section 23. SECTIONS AND CAPTIONS. All references to Sections refer to
25 Sections in this Agreement unless otherwise stated. Captions, are for convenience of
26 : reference only and do not constitute a portion of this Agreement.
27
28
Page 22 RAH 188733.10 0110812002
1 Section 24. FURTHER ASSURANCES.. Each of the Parties shall, upon the
2 request of the other party hereto, take such other actions and sign such ether
documents (in recordable form, if required) as may be reasonably required to effectuate-
4 the terms of this Agreement.
5
6 Section 25. CONSENT. 'Whenever consent or approval of any of the Parties is
7 required that Party shall not unreasonably withhold or delay such consent or approval.
8
9 Section 26.. CITY OWNED PROPERTY IN DONUT HOLE. Notwithstanding
10 any other provision of this Agreement, real property in the Donut Hale owned by the
11 CITY on the Effective Date of this Agreement, or subsequently acquired by the CITY,
12 shall not be subject to the terms and conditions of this Agreement.
13
14 Section 27. ENTIRE AGREEMENT. This Agreement contains the entire
15 agreement and understanding between the Parties with respect to the subject matter
16 hereto. There are no oral understandings, terms, conditions or promises, and neither of
17 the Parties has relied upon any representation, express or implied, not contained in this
18 Agreement. This Agreement may only be modified or amended in writing and must be
19 signed by each of the Parties.
20
21 IN WITNESS '' HEREOF, the Parties have executed this Agreement as of the
22 dates below.
28
24 COUNTY �O�FAN BERNARDINO CITY OF REDLAND�
01
By, By
FredAguiar, Chairman oe Karl N. Haws, Mayor
26 Board of Supervisors
27 Date; JA � � lid'
10 9 I Date:
28
Page 23 RAH 185733.10 0110a12002
1 SIGNED AND "" TIFIED THAT A ATTEST
COPY OF ' ENT HAS
BEENI
3 CHAT
4 J. RI E '
Cler e u ors Lorr" Poyzer y lerkt
5 By:--,, Date:
Gate:
5 JAN
9 APPROVED AS TO LEGAL FORM
10 ALAN K. MARKS, County Counsel
San Berngg o County, C910ornia
11
By: !
12
13 Date: ✓, �. ' ' - '�,,�
14
15 COUNTY SERVICE AREA 74,
15 IMPROVEMYONT ZONE EV-1
17 By:
18 Fred Aguiar, Chairma
Board of Supervisors
19 Acting as the Governing Body
of CSA 70 EV-1
20
21 [late: JAN - 8 2002 001-11�1-
22 SIGNED AND CERTIFIED THAT A APPROVED AS TO LEGAL FORM
COPY OF ENT HAS ALAN K. MARKS, County Counsel
23 BEEN t San Bernardino County, California
24 !CNA! �
J. R E z-
25B
Clerk r4_ Deputy
26
By: o Date: / 01-"
27
28 Date: JA
Page 24 RAM 185733.10 0110612002
EXHIBIT "All
DONUT HOLE DESCRIPTION
L,AFCO 2867
DETACHMENT FROM THE SPHERE OF INFLUENCE
OF THE CITY OF REDLANDS (DONUT HOLE)
REVISION NO, 2, 5 OCTOBER 2000
pORT16NS OF SECTION 16,AND 21, TIS, R3W, SBBM:MORE PARTICULARLY DESCRIBED
AS FOLLOWS.
FOLLOWING THE VAPUOUS COURSES OF THE EXISTING REDLANDS CITY LIMITS,
BEGINNING AT THE INTERSECTION OF THE WEST BOUNDARY LINE OF THE CITY OF
REDLANDS AS ORIGINALLY INCORPORATED, SAID LINE ALSO BEING THE
INTERSECTION OF THE NORTH AND SOUTH QUARTER SECTION LINE OF SECTION 21,
TIS, R3W, S88M, WITH THE FAST AND WEST QUARTER SECTION LINE OF SAID
SECTION 21:
(COURSE#1)THENCE WESTERLY ALONG THE NORTH SECTION LINE OF SAID SECTION
21 AND CONTINUING ALONG THE EAST AND WEST QUARTER SECTION UNE OF
SECTION 20,TlS, R3'W, SBBM.N 89035-37-W 2,673,39 FEET:
(COURSE #2) THENCE WESTERLY ALONG THE EAST AND WEST QUARTER SECTION
LINE OF SAID SECTION 21 AND CONTINUING ALONG THE NORTH SECTION LINE OF
SECTION 20, T18, R3W, SBBM. S 891127'"54*W 4,032,21 FEET TO ITS INTERSECTION WITH
THE SOUTHERLY PROLONGATION OF THE FAST LINE OF LOTS 6 AND 3 OF BLOCK 6, OF
THE HENRY L.WILLIAMS TRACT,AS RECORDED IN BOOK 11, PAGE 17 IN THE OFFICE OF
THE COUNTY RECORDED, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, LAST
SAID INTERSECTION BEING 1,320 FEET MORE OR LESS EAST, OF THE INTERSECTION
OF THE CENTSRLINES 00 LUGONIA AVENUE AND CALIFORNIA STREET;
(COURSE #2) THENCE N400°34'48" W 1,305.50 FEET ALONG SAID EAST LINE OF LOTS 6
AND 3 AND THE PROLONGATION THEREOF, TO ITS INTERSECTION WITH THE
CENTERLINE OF ALMOND AVENUE;
(COURSE 04) THENCE'N 890030- W 1,316.66 FEET ALONG THE CENTERLINE OF
ALMOND AVENUE 1,316.66 FEET 70 ITS INTERSECTION WITH THE CI NTERL,INE OF
CALIFORNIA STREE1%
(COURSE #5) THENCE N 00-1849- W, 3,959,99 FEET ALONG THE CENTERLINE OF
CALIFORNIA STREET TO ITS INTERSECTION WITH THE CENTERLINE OF PALMETTO
AVENUE:
(COURSE #0 THENCE ,S 69-27-49- E 21645,64- FEET ALONG THE CENTERLINE OF
PALMETTO AVENUE TO ITS INTERSECTION WITH THE CENTERLINE OF NEVADA
STREET;
(COURSE#7) THENCE N 001134'65* E 1,32�0.22 FEET ALONG THE CENTERLINE OF NEVADA
STREET TO ITS INTERSECTION WITH THE SOUTH LINE OF PINE STREET(VACATED);
(COURSE #8) THENCE S 89-2745- E 1,318.13 FEET ALONG THE SOUTH LINE OF PINE
STREET (VACATED) TO ITS INTERSECTION WITH THE SOUTHERLY PROLONGATION-OF
THE EAST LINE OF LOT 3, BLOCK i OF BROWN$ SUBDIVISION OF THE HENRY L.
WILLIAMS TRACT AS RECORDED IN BOOK 8 OF MAPS. PAGE 96, IN THE OFFICE OF THE
COUNTY RECORDER, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA;
EXHIBIT "All DONUT HOLE DESCRIPTION Page 1 of 5
1
(COURSE 99) THENCE N 0.35'17' E 661.14 FEET ALONG LAST SAID SOUTHERLY
PROLONGATION AND EAST LINE OF SAID LOT 3 TO ITS INTERSECTION WITH THE
NORTHERLY LINE OF LOTS 3 AND 2, BLOCK 1 OF BROWNS SUBDIVISION:
(COURSE #10)THENCE S 79*40"16" E 453.20 FEE I ALONG THE NORTHERLY LINE OF SAID
LOT 2;
(COURSE#t"1) THENCE S 56-40-16-E 640.00 FEET;
(COURSE #12) THENCE S 89-10.16- E 290.61 FEET TO THE WESTERLY RIGHT-OF-WAY
LINE OF ALABAMA STREET:
(COURSE #13) THENCE S 89.10-16- E 20.00 FEET ALONG LAST SAID EASTERLY
PROLONGATION LINE TO THE CENTERLINE OF ALABAMA STREET;
(COURSE#14)THENCE N 00-34'57' E 88.63 FEET ALONG THE CENTERLINE OF ALABAMA
STREET, TO THE WESTERLY PROLONGATION OF THE SHOULDER OF THE BLUFF OF
THE SOUTH BANK OF THE SANTA ANA RIVER
(COURSE #15) THENCE N 89c3976- E 49.29 FEET ALONG THE EASTERLY
PROLONGATION OF A LINE DESCRIBED IN GRANT DEED RECORDED OCTOBER 9, 198'2
IN BOOK 5832, PAGE 746, OFFICIAL RECORDS OF SAID COUNTY:
THENCE ALONG VARIOUS COURSES IN THE SHOULDER OF THE BLUFF OF THE SOUTH
BANK OF SAID SANTA,ANA RIVER, DESCRIBED IN SAID GRANT DEED AS FOLLOWS.*
(COURSE06)THENCE N 89-39-20-E, ALONG SAID SHOULDER, 83.58 FEET;
(COURSE 1#17)THENCE IN 79.43"10"E,ALONG SAID SHOULDER, 295.94 FEET;
(COURSE#18)THENCE N 7308"36-E. ALONG SAID SHOULDER,404.77 FEET;
(COURSE#19)THENCE N 61°1 9'60" E. ALONG SAID SHOULDER,221 A8 FEET;
(COURSE#20)THENCE N 58.09-30-E,ALONG SAID SHOULDER,.297.10 FEET;
(COURSE#21)THENCE N 83-00.20-E, ALONG SAID SHOULDER, 149.56 FEET;
(COURSE#22)THENCE N 64405'28"E,ALONG SAID SHOULDER, 181.82 FEET;
(COURSE#23)THENCE N 86-38.09"E,ALONG SAID SHOULDER, 191.55 FEET,
(COURSE#24)THENCE N 67.03'32-E,ALONG SAID SHOULDER,9.36 FEET�
(COURSE#25) THENCE LEAVING THE SHOULDER OF THE BLUFF OF THE SOUTH BANK
OF THE SANTA ANA RIVER S 67003*32*W 409.89 FEET;
(COURSE#26)THENCE N 72-62'22- E 262.23 FEET TO THE RIGHT OF WAY OF THE STATE
OF CALIFORNIA FOR STATE HIGHWAY 30;
(COURSE #27) THENCE ALONG SAID STATE RIGHT OF WAY N 00"10'18" W 441.13 FEET
TO THE NORTH:LINE OF SECTION 17, TIS, R3W, SBBM-,
EXHIBIT "A" DONUT HOLE DESCRIPTION Page 2 of 5
(COURSE *28) THENCE S 89-14'56" E 347,32 FEET ALONG THE NORTH LINE OF
SECTIONS 17 AND 16, T15, R3W, SBBM, TO THE FAST LINE OF THE WEST HALF OF SAID
SECTION 16;
(COVRSE #29) THENCE S 00'39'45- E 3,891.74 ALONG THE EAST LINE OF THE WEST
HALF OF SAID SECTION 16 TO ITS INTERSECTION WITH THE CENTERLINE OF PIONEER
AVENUE;
THENCE WESTERLY ALONG THE CENTERLINE OF PIONEER AVENUE THE FOLLOWING
COURSE$AND DISTANCES:
(COURSE#30) THENCE ALONG A NDN'-TANGENT CURVE, CONCAVE NORTH-EASTERLY,
HAVING A RADIUS OF 500,00 FEET,A RADIAL BEARING BEARS S 04059'53'W, THROUGH
A CENTRAL ANGLE OF 15045'68',A DISTANCE OF 137.59 FEET;
(COURSE A31)THENCE TANGENT TO SAID CURVE N 69-14-09-W 207.19 FEET;
(COURSE #32), THENCE ALONG A TANGENT CURVE, CONCAVE SOUTHWESTERLY,
HAVING A'RADIUS OF 1,100.00 FEET, THROUGH A CENTRAL ANGLE.OF 2V41'S6-, A
DISTANCE OF 397.39 FEET;
(COUPSE 933)THENCE TANGENT TO SAID CURVE, N E9'66'D4-W 12.18 FEET TO A POINT
1,944.8 FEET FAST OF THE WEST LINE OF SECTION 16,TIS, R:3W, SBSM;
(COURSE#34)THENCE LEAVING SAID CENTERLINE, S 00-32'31"W 746.36 FEET;
(COURSE#35)THENCE WEST 490.60 FEET:
(COURSE #36) THENCE S 01018'16" W 735.79 FEET TO THE CENTERLINE OF SAN
BERNARDINO AVENUE:
(COURSE 07) THENCE S 89-55-47" E 1,267.87 FEET ALONG THE CENTERLINE OF SAN
BERNARDINO AVENUE TO ITS INTERSECTION WITH THE NORTH AND SOUTH QUARTER
LINE OF SECTION 21,TIS, R3W,SBBM;
(COURSE#36)THENCE S 00-19-37- E 2,607.71 ALONG LAST SAID QUARTER LINE TO THE
POINT OF BEGINNING.
CONTAINS 1104 ACRES MORE OR LESS.
AS SHOWN ON F-XHIBIT'B'ATTACHED HERETO AND MADE A PART HERE OF,
/-N
A
D E HORN JR L.S, 7159 EXPIRES 12/311200
D 7100 cic 7159
EV,12-31-03
OF
EXH'IBIT "A" DONUT HOLE DESCRIPTION Page 3 of 5
0167 1'71 130000 0292 081 09 0000 0292 054 13 0000 0292 072 010000
0292 041 050000 0292 051 100000 0292 084 14 0000 0292 072 02 0000
0292 041 08 0000 0292 051 110000 0292 054 16 0000 0292 072 04 0000
0292 041 090000 0292 051 120000 0292 054 17 0000 0292 072 10 00+00
0292 041 10 0000 0292 051 130000 0292 055 010000 0292 072 11 0000
0292 041 110000 0292 051 140000 0292 055 02 0000 0292 081 010000
0292 041 120000 0292 051 150000 0292 055 03 0000 0292 08102 0000
0292 041 150000 0292.051 170000 0292 055 04 0000 0292 081 03 0000
0292 041 160000 0292 051 190000 0292 055 05 0000 0292 081 04 0000
0292 041 17 0000 0292 051' 20 0000 0292 055 06 0000 0292 081 06 0000
0292 041 180000 0292 051 210000 0292 055 07 0000 0292 081 07 0000
0292 041 190000 0292 052 01 0000 0292 055 08 0000 0292 08108 0000
0292 041 340000 0292 052 03 0000 0292 055 09 0000 0292 081 120000
0292 041 35 0000 0292 052 04 0000 0292 055 10 0000 0292 081 140000
0292 042 010000 0292 052 06 0000 0292 07106 0000 0292 081 150000
0292 042 02 0000 0292 052 08 0000 0292 071 10 0000 0292 081 180000
0292 042 07 0000 0292 0552 10 0000 0292 471 1'5 0000 0292 081 190000
0292 042 08 0000 0292 052 11 0000 0292 071 18 0000 0292 081 22 0000
0292 043 010000 0292 05212 0000 0292 071 21 0000 0292.081"23 0000-
0292 043 02 0000 0292 052 13 0000 0292 071 22 0000 0292 08124 0000
0292 043 03,0000 0292 052 15 0000 0292 071 23 0000 0292 08126 0000
0292 043 04 0000 0292 052 16 0000 0292 07124 0000 0292 081 27 0000
029.2 043 05 0000 0292 053 03 0000 0292 07125 0000 0292 081 28 0000
0292 043 06 0000 0292 053 04 0000 0292 071 26 0000 0292 081 29 0000
0292 043 07 0000 0292 053 08 0000 0292 07127 0000 0292 081 32 0000
0292 043 08 0000 0292 053 12 0000 0292 07128 0000
0292 043 09 0000 0292 05313 0000 0292 07129 0000
0292 043 10 0000 0292 054 02 0000 0292 071' 30 0000
0292 043 11 0000 0292 054 03 0000 0292 071 33 0000
0292'051 01 0000 0292 054 04 0000 0292 07135 0000
0292 051 02 0000 0292 05405 0000 0292 07136 0000
0292 051 03 0000 0292 054 06 0000 0292 07139 0000
0292 051 040000 0292 054 07 0000 0292 07140 0000
0292 051 050000 0292 054 08 0000 0292 071 41 0000
0292 051 060000 0292 054 09 0000 0292 071 43 0000
0292 081 070000 0392 054 1'0 0000 0"292.071 44 0000
0292 051 08 0000 0292 054 12 0000 0292 07145 0000
ASSESSOR'S PARCEL NUMBERS IN DONUT HOLE
EXHIMT "A"' DONUT HOLE DESCRIPTION IPTION Pace 4 of 5
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EXHIBIT"B"
WATER AND SEWE-R CAPITAL IMPROVEMENT CHARGES
The City of Redlands Municipal Utilities Department's Capital Charges for Development for
water and sewer are listed below and are effective March 19, 199&
WATER CAPrrAL111IMPROVE 'ENTCHARGE
Single Family Residential $3,600/Residential Unit
Multiple Family, Mobilehomes 51,5'00/Residential Unit
Non-Residential $150/100 cu.ft, estirnated
WATFR ASC�CQ(,,'151TI0N CIIARGF flow per month
Single Family Residential $720/Residetitial Unit
Multiple Family&Mobilehomes $360/Residential Unit
Non-Residential 530/100 cu.ft. estimated
SEVERCAL
ITAL IPROVENIENT CHARGE flow per month
_
Single Family Residential $3,600/Residential Unit
Multiple Family&Mobilehomes S3,600/Residential Unit
Residential Dwelling Unit if Building Permit
issued prior to November 1, 1961 $350/Residential Unit
Non-Residential 51,740/104 gpd estimated
now
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MINUTES of an adjourned regular meeting of the City Council of the City of Redlands held
in the Council Chambers, Civic Center, 35 Cajon Street, at 3:00 P.M. on Tuesday,
January 8-200 , in accordance with Section 2,.02.020 of the Redlands Municipal
Code.
PRESENT Karl N. (Kersey)Haws, Mayor
Susan Peppler, Mayor Pro Tern
Pat Gilbreath, Councilmember
Gary George, Councilmember
Jon Harrison, Councilinember
A SES None
STAEF John Davidson, City Manager; Daniel J. McHugh, City Attorney;
Beatrice Sanchez, Deputy City Clerk; Michael Reynolds, City
Treasurer; Mel Enslow, Fire Chief, Bonnie Johnson, Finance
Director; Ronald C. Mutter, Public Works Director; Gary G.
Phelps, Municipal Utilities Director; and Jeffrey L. Shaw,
Community Development Director.
The meeting was opened with an invocation by Mayor Haws followed by the
pledge of allegiance.
UNFWASHED BUSINESS
Resolution No. 5928 - Donut Hgole Serviggs AgBement - Mayor Haws reviewed
the negotiations that have occurred over the past several months for a proposed
utilities services agreement with the County of San Bernardino for the "Donut
Hole." City Attorney McHugh highlighted, for the benefit of the audience, his
memorandum to the City Council outlining that the County of San Bernardino,
County Service Area 70 EV-1 and Majestic Realty Company have made a
proposal for Redlands to provide utilities and other municipal services to CSA 70
EV-1 and the "Donut Hole." The proposal is based upon discussions that the
negotiating team, Mayor Haws and Councilmember George had with County
Supervisor Hansberger over certain initial "deal points." The agreement being
discussed today is the tenth version from the County which directs the City to
provide water and sewer service to CSA 70 EVA, and police and fire services to
the "Donut Hole" for a one-time payment of$25,000; in exchange, Redlands will
bill CSA 70 EV-1 capacity charges for the infrastructure necessary to connect
each development project in the "Donut Hole" to CSA 70 E,V-1, and will also bill
CSA 70 EV-1 for commodity charges which represent the monthly charge of
providing water to those projects. He then asked for direction for one minor legal
issue. The County and Majestic have required that the City Council direct the
City Attorney's office to provide a legal opinion for both entities on the
applicability of Measure 'U' to the project. He needed direction on whether the
City Council wishes to waive the attorney-client privilege and have the City
January 8,2002
Page I
Attorney comply with this request, Also, because the County's proposal is a
"project" under CEQA, the City, as the responsible agency, must undertake
environmental review of the proposal before it is approved. The Community
Development Department has worked with a consultant to prepare the
environmental analysis that was previously distributed. The County, as lead
agency for the proposal, suggested that the project description within its
October 23, 2001, EIR for its Second Cycle 2001 General Plan Amendments and
modifications to the Majestic project encompass this proposal. Community
Development Department staff has undertaken a review of the proposal in relation
to the County's EIR, and in relation to the City's 1995 General Plan Amendment
EIR, the City's 1998 Negative Declaration for its water and sewer master plan
update, and the County's 1989 East Valley Corridor Specific Plan EIR, and
attempted to determine if any additional environmental documentation should be
prepared. Municipal Utilities Director Phelps then addressed Council and
reviewed his analysis. The proposed agreement requires the City to sell water to
CSA 70 EV-1, provide the CSA 70 EV-1 with sewer capacity and requires the
City to provide police and fire services to the "Donut Hole." Thus, the agreement
is a project under CEQA. He provided a Facts, Findings and a Statement of
Overriding Considerations regarding the proposed agreement and the project
,associated with the Final Subsequent EIR for the County's General Plan, Specific
Plan and Development Code Amendments for the IVDA area and associated
water and wastewater facilities plan for unserved IVDA areas and revisions to the
Citrus Plaza Regional Mail project. Mayor Haws then introduced Douglas
Headrick, Chief of Water Resources for the City of Redlands, who greatly assisted
Gary Phelps, Municipal Utilities Director. He added that he and Councilmember
George met separately with Supervisor Hansberger to discuss the IVDA, property
taxes and policy issues. This project is a sales tax producing development;
Redlands should take the revenue and protect other parts of the City that will be
impacted like downtown. This document is not perfect, but it's in the best interest
of the citizens of Redlands. The alternative to not take this risk is a greater risk.
Councilmember George thanked Supervisor Hansberger for asserting himself into
this fight on our behalf and thanked the Mayor. "We worked on this a long time -
- sorry that we are in different directions." A lot of time was spent on
negotiations and he supported the agreement until December; now he opposes it
and does not recommend approval to the City Council. It is important to note that
the agreement here is not the one we came out to negotiate. Water was to be sold
to the County at the cost that it is sold within the City, This agreement makes one
developer more equal than others not only in Redlands but also in the "Donut
Hole." Mayor Haws recommended approving the agreement "as is." The
following individuals spoke against the agreement: Bill Javert, Gary Negin,
Robert Custer, Jerry Biggs, Bill Cunningham, Dr. Durand Jacobs, Teddy Banta,
Sally Beck (who, read a letter from The Redlands Association attorney, Stephen
M. Miles), David Raley, Tex Moore and Robert Frost. Speaking in support of the
agreement were: John Goss and Charles House, Councilmembers, then asked a
variety of questions of staff present. Councilmember Gilbreath inquired about
waiving the attorney-client privilege with regard to this issue in order to comply
January 8, 2002
Page 2
with the request from the County and Majestic, City Attorney McHugh explained
that the way this agreement is structured we are only assisting another
governmental agency. On motion of Councilmember Gilbreath, seconded by
Councilmember Peppier, Council unanirrious]), directed the City Attorney to
prepare a legal opinion for both entities on the applicability of Measure "'U' to the
project.
Councilmember Harrison then moved that none of the circumstances identified in
Section 15162 of the State CEQA Guidelines exist with regard to the City
Council's possible adoption of the County/CSA 70 EV-I proposal. Those
circumstances are as follows:
1, Substantial changes are proposed in the project or the proposal which will
require major revisions of any previous EIR or negative declaration due to
the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects; or
2. Substantial changes have occurred with respect to the circumstances under
which the project or proposal will be undertaken which will require major
revisions of any previous EIR or negative declaration due to the
involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects; or
3. New information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time
the previous EIR was certified as complete or the negative declaration was
adopted, shows that:
a. The project or proposal will have one or more significant effects not
discussed in any previous EIR or negative declaration;
b. Significant effects previously examined will be substantially more
severe than shown in.any previous EIR or negative declaration;
C. Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible, and would substantially reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different
from those analyzed in any previous EIR or negative declaration would
substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the mitigation
measure or alternative.
Motion seconded by Councilmember Peppler and carried unanimously.
Councilmember Harrison moved to approve the "Facts, Findings and Statement of
Overriding Considerations" (Exhibit "B") in the form attached to the City staff's
report. Motion seconded by Councilmember Peppier and carried unanimously.
Councilmember Harrison moved to approve Resolution No. 5998, a resolution of
the City Council of the City of Redlands affirming findings made pursuant to the
California Environmental Quality Act, making determinations with regard to the
January 8, 2002
Page 3
Redlands General Plan, and approving an agreement with the County of San
Bernardino and County Service: Area No. 70 EV-1, for the provision of utilities
and other municipal services to CSA 70 EV-1 and the "Donut Hol le," and for the
sharing of sales taxes and property taxes generated within the "Donut Hole."
Motion seconded by Councilmember Peppler and carried by the following vote:
AYES: Councilmembers, Peppler, Gilbreath, Harrison; Mayor Haws
NOES: Councilmember George
ABSENT: None
ABSTAIN: None
ADJOURNMENT
The City Council meeting adjourned at 8:48 P.M. Next regular meeting
January 15, 2002.
Deputy City Clerk
January 8,2002
Page 4