HomeMy WebLinkAbout6189RESOLUTION NO 6189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
APPROVING A CONTRACT WITH THE COUNTY OF SAN BERNARDINO
FOR THE APPORTIONMENT OF SALES AND USE TAX REVENUE AND THE
PROVISION OF CITY MUNICIPAL SERVICES WITHIN THE DONUT HOLE
AND MAKING CERTAIN DETERMINATIONS RELATED THERETO
WHEREAS, Article XIII, Section 29 of the California Constitution authorizes cities and
counties to enter into contracts for the apportionment of sales and use tax revenue, by ordinance or
resolution with the approval by a two-thirds vote of the legislative bodies of the parties to the
contract, and
WHEREAS, Government Code sections 55700 et sec authorize cities and counties to
approve contracts for the apportionment of sales and use tax revenue consistent with the provisions
of Article XIII, Section 29 of the California Constitution, and
WHEREAS, City staff has presented to this City Council verbal and written testimony and
evidence that supports the finding that consumers residing in the City will be shopping at businesses
located in the Donut Hole, and
WHEREAS, the City staff has assembled data demonstrating that the City will incur costs
in connection with its obligations to provide fire protection and law enforcement services to
properties within the Donut Hole and that as a result of these obligations, equity requires that the
sales and use taxes generated by businesses within the Donut Hole should be apportioned to ensure
that the City is, at least, reimbursed for such costs, and
WHEREAS, Government Code sections 55700 et seq also require the legislative bodies of
any city and county proposing to enter into a contract to apportion sales and use tax revenue to make
certain determinations by resolution,
NOW, THEREFORE, be it resolved by the City Council of the City of Redlands as follows
Section 1 The City Council of the City of Redlands hereby finds and determines that (1)
businesses have been established, and will be established, within the unincorporated area of the
County of San Bernardino commonly known as the "Donut Hole" and that consumers residing in the
City are, and will be, purchasing tangible personal property from such businesses, (2) that equity
requires that the sales and use tax revenue received by the City and the County from such businesses
be apportioned between the City and the County for the benefit of their respective citizens, and (3)
that the Mayor of the City of Redlands is hereby authorized to execute, in behalf of the City, a
contract with the County of San Bernardino for the apportionment of such sales and use tax revenue
djm'reso\Sales and Use fax Reso wpd 1
Section 2 The City Council of the City of Redlands hereby approves a contract with the
County of San Bernardino for the apportionment of sales and use tax revenue and the provision of
City municipal services within the Donut Hole in the form attached hereto as Exhibit "A '
Section 3 The City Clerk of the City of Redlands is hereby authorized and directed to
send a certified copy of this resolution, along with a certified copy of the contract between the City
and the County of San Bernardino, to the auditor, or the officer holding the equivalent position of
auditor, for the County of San Bernardino
ADOPTED SIGNED AND APPROVED this 5th day of August, 2003
ATTEST
Mayor of the City of Redlands
I, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was
adopted by the City Council at a regular meeting thereof held on the 5th day of August, 2003 by the
following vote
AYES Councilmembers Peppler, Gilbreath, George, Harrison; Mayor Haws
NOES None
ABSENT None
ABSTAIN None
dirmlresolSales and Use Tax Reso.wpd
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6.D3Li
City9'erk y
Exhibit "A" to Resolution No 6189
CONTRACT FOR THE APPORTIONMENT OF SALES AND USE TAX REVENUE AND THE
PROVISION OF MUNICIPAL SERVICES WITHIN THE UNINCORPORATED AREA
COMMONLY KNOWN AS THE DONUT HOLE
This Contract for the apportionment of sales and use tax revenue generated by businesses located
within the Donut Hole and for the provision of municipal services to the Donut Hole (the "Contract")
is made by and between the County of San Bernardino, a political subdivision of the State of California
(the "County") and the City of Redlands, a municipal corporation situated in the County of San
Bernardino (the "City"), who are together sometimes referred to herein as the "Parties "
RECITALS
WHEREAS, the geographic area known as the Donut Hole (more fully described m Exhibit "A"
entitled "Donut Hole Description") is located m the unincorporated area of the County but is completely
surrounded on all sides by the City, and
WHEREAS, both the County and the City have an interest in developing, promoting and
maximizing the beneficial use of the Donut Hole as an emerging regional business center, and
WHEREAS, businesses seeking locations in the Donut Hole should not become entangled in
disputes between the County and the City over the receipt of sales and use tax revenue, the provision
of municipal services and other jurisdictional issues, and
WHEREAS, the County and the City desire to apportion the sales and use tax revenue generated
by businesses located in the Donut Hole generally on the basis of ninety percent (90%) of such sales and
use tax revenue being provided to the City and ten percent (10%) of such sales and use tax revenue being
provided to the County, with the apportionment formula changing under certain circumstances specified
in this Contract to provide one hundred percent {100%) of the sales and use tax revenue generated by
businesses in the Donut Hole to the City, and
WHEREAS, in 1998, the voters of California approved Proposition No 11 which amended
Article XIII, Section 29 of the California Constitution to allow cities and counties to enter into contracts
to apportion sales and use tax revenue, by ordinance or resolution, and upon approval by a two-thirds
vote of the legislative bodies of the parties to the contract, and
WHEREAS, the State Legislature amended Government Code sections 55700 et 5_ _q to provide
cities and counties the option to approve contracts apportioning sales and use tax revenue consistent with
the provisions of Article XIII, Section 29 of the California Constitution, and
WHEREAS, it is the intent of the Parties to approve this Contract for apportionment of sales and
use tax revenue and the provision of municipal services by resolution, and by a two-thirds vote of the
City Council of the City and a two-thirds vote of the Board of Supervisors of the County in accordance
with Government Code section 55704 5, and
WHEREAS, the Parties have determined, by resolution, that (1) businesses have been
established, and will be established, within the Donut Hole and that consumers residing in the City are,
and will be, purchasing tangible personal property from such businesses, (2) that equity requires that the
sales and use tax revenue received by the County and the City from such businesses be apportioned
between the City and the County for the benefit of their respective citizens, and (3) that the Chairman of
the Board of Supervisors of the County and the Mayor of the City of Redlands be authonzed to execute
this Contract, and
WHEREAS, the County and City desire to apportion the sales and use tax revenue generated
from businesses in the Donut Hole in the manner specified in this Contract irrespective of present or
future junsdictional boundaries and subsequent reoiganizations of property, and
WHEREAS, Government Code sections 54980 et seq authonze the legislative body of any local
agency to contract with any other local agency for the performance by the latter, for valuable
consideration, of any municipal services or functions within the territory of the foiiiier, and
WHEREAS, the Local Agency Formation Commission of the County of San Bernardino
("LAFCO") has approved the City's provision of fire protection, water and wastewater services to the
Donut Hole and the City is presently providing such services to the Donut Hole, and
WHEREAS, in addition to fire protection, water and wastewater services, upon approval by the
LAFCO, the City is willing to provide the additional service of law enforcement to the Donut Hole in
consideration of the County's agreement to apportion sales and use tax revenue, and
WHEREAS, in reliance upon the City's commitment to provide municipal services to the County
in consideration of the County's apportionment of sales and use tax revenue, the County is refraining,
and will continue to refrain, from pursuing viable opportunities to finance and construct infrastructure in
the Donut Hole to provide water and wastewater services therein, and to fund and expand its law
enforcement and fire protection operations to provide necessary services to the Donut Hole, and
WHEREAS, in rehance upon the County's commitment to apportion sales and use tax revenue in
the manner specified herein, the City is making, and will continue to make, capital expenditures to
obtain equipment and construct facilities necessary to provide municipal services on a timely basis to the
Donut Hole, and
WHEREAS, it is the intent of the City, after approval of this Contract by the Redlands City
Council and the County's Board of Supervisors to submit an Initiative Ordinance to the qualified voters
of the City at the general municipal election scheduled for November 4, 2003, and request the qualified
voters of the City to consent to the extension of the term of this Contract beyond December 31, 2003,
and
WHEREAS, City has issued a permit for the connection to the City water and wastewater system
of approximately 50 acres of land known as Phase I of the Citrus Plaza project, and all water and
wastewater fees have been paid and water meters have been issued and installed in connection with such
property, accordingly Phase I of the Citrus Plaza project has a prior vested right to obtain water and
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wastewater service from the City which vested right will continue whether or not the term of this
Contract is extended by the voters of the City m accordance with the provisions hereof, and
WHEREAS, it is the intent and understanding of the Parties that this Contract shall remain
operative after December 31, 2003, only if the qualified voters of the City at the general municipal
election scheduled for November 4, 2003, consent to the extension of the term of this Contract beyond
December 31, 2003
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual promises contained
herein, and for such other good and valuable consideration the receipt of which is hereby acknowledged
by the Parties, the County of San Bernardino and the City of Redlands agree as follows
AGREEMENT
Section 1 Definitions Unless the context otherwise requires, the terms defined in this
section shall, for all purposes of this Contract, have the meanings specified herein
A. "Days" is defined as calendar days
B "Donut Hole" is defined as that unincorporated area of the County of San Bernardino
descnbed in Exhibit "A" entitled "Donut Hole Description "
C "Fiscal Year" is defined as July 1 through June 30
D "Municipal Services" is defined as fire protection services, law enforcement services (not
including animal control services or code enforcement services), water and wastewater services, and any
related inspection and other types of ancillary services (not including plan checking) customanly
undertaken by the City departments which provide fire protection, law enforcement, water and
wastewater services
E "Sales Tax Revenue" is defined as the amount of sales and use tax disbursed by the State
Board of Equalization to the County or the City under authority granted to the County or the City
pursuant to the Bradley -Bums Uniform Local Sales and Use Tax Law (Revenue and Taxation Code
sections 7200 et sect )
Section 2 Apportionment of Sales Tax Revenue From and after August 12, 2003, the
County and the City shall apportion Sales Tax Revenue as follows.
A For each individual business generating Sales Tax Revenue in the Donut Hole on August
12, 2003, the City shall receive ninety percent (90%) of such Sales Tax Revenue and the County shall
receive ten percent (10%) of such Sales Tax Revenue for a penod of twenty (20) years commencing on
August 12, 2003 At the end of such twenty (20) year penod for each such business, on August 12,
2023, the apportionment formula shall change to provide that the City shall receive one hundred percent
(100%) of the Sales Tax Revenue thereafter
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B For each individual business not generating Sales Tax Revenue in the Donut Hole on
August 12, 2003, and which begins generating Sales Tax Revenue after August 12, 2003, the City shall
receive ninety percent (90%) of such Sales Tax Revenue and the County shall receive ten percent (10%)
of such Sales Tax Revenue for a period of twenty (20) years commencing on the date of issuance of the
certificate of occupancy for the business generating Sales Tax Revenue At the end of such twenty (20)
year period for each such business, the apportionment formula shall change to provide that the City shall
receive one hundred percent (100%) of the Sales Tax Revenue thereafter
C Notwithstanding the provisions of Subsection B, above, and regardless of the number of
years that have passed since the date of issuance of a certificate of occupancy for a business generating
Sales Tax Revenue within the Donut Hole, commencing on August 12, 2028 (twenty-five years after the
effective date of this Contract) for every business generating Sales Tax Revenue in the Donut Hole at
that time, and every business generating Sales Tax Revenue thereafter, the City shall receive one
hundred percent (100%) of such Sales Tax Revenue until the teiiiimation of this Contract pursuant to
Section 10 hereof
D If the Bradley -Burns Uniform Local Sales and Use Tax Law (Revenue and Taxation Code
sections 7200 et seq ) is modified or repealed after July 1, 2003, or if the amounts of Sales Tax Revenue
or the method of disbursement of Sales Tax Revenue is changed after July 1, 2003, such that another
foiiii of tax, revenue or other money (such as, but not limited to, real property taxes, income taxes, excise
taxes or monies in the Education Revenue Augmentation Fund) is substituted in total or partial
replacement of Sales Tax Revenue, such tax, revenue or other money shall be apportioned between the
Parties consistent with the apportionment foitiiula established in this Contract Further, the County and
the City shall fully cooperate with one another to amend this Contract as necessary or appropriate to
facilitate the apportionment of such substituted tax, revenue or money in accordance with the
apportionment formula established herein so that the intent of this Contract can be attained
E The differing percentage of Sales Tax Revenue received by the Parties under the vanous
provisions of this Contract shall be based upon the date that such Sales Tax Revenue is generated and
not on the date the State Board of Equalization disburses such Sales Tax Revenue to the Parties
Section 3 Apportionment Payments The County shall pay to the City the appropnate
percentage (as specified in Section 2 above or Section 6 below) of Sales Tax Revenue received by the
County from businesses in the Donut Hole within sixty (60) days of receipt of such revenue from the
State Board of Equalization If the City annexes some or all of the Donut Hole, the City shall pay to the
County the appropriate percentage (as specific in Section 2 above or Section 6 below) of Sales Tax
Revenue received by the City from businesses annexed within sixty (60) days of receipt of such revenue
from the State Board of Equalization
Section 4 Accounting, The County shall provide the City with a Statement of Account upon
request of the City The Statement of Account shall include the following Sales Tax Revenue for the
Donut Hole received by the County to date for the current Fiscal Year, Sales Tax Revenue for the Donut
Hole received by the County during the preceding Fiscal Year, Sales Tax Revenue for the Donut Hole
disbursed pursuant to this Contract by the County to the City during the preceding Fiscal Year, and the
total of all Sales Tax Revenue disbursed pursuant to this Contract by the County to the City from August
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12, 2003 If the City annexes some or all of the Donut Hole, the City shall provide the same information
to the County upon request
Section 5 Administration Costs The County's Auditor/Controller/Recorder may deduct
from amounts paid to the City pursuant to Section 3 above the Auditor/Controller/Recorder's reasonable
cost of administering the provisions ofthis Contract If the City annexes some or all of the Donut Hole,
the City's Finance Department may deduct from amounts paid to the County pursuant to Section 3 above
the Finance Department's reasonable cost of administering the provisions of this Contract
Section 6 Provision of Municipal Services
A In consideration of the County's agreement to apportion Sales Tax Revenue generated by
businesses located within the Donut Hole with the City, commencing on August 12, 2003 and
throughout the term of this Contract, except for law enforcement services, the City will provide the
Municipal Services to all properties within the Donut Hole The Municipal Services will be made
available to the properties within the Donut Hole on anon-discnminatory basis, in accordance with the
City's laws, and at the same level and scope as such Municipal Services would be provided by the City if
the Donut Hole was located within the City's corporate limits provided, however, City may charge
established rates for providing water and sewer services outside the City ("outside surcharge") so long as
(i) such rates are charged on a non-discnminatory basis for all areas outside the City, and (n) such
"outside surcharge" shall not be increased at a greater rate than inside City charges (for customers within
the City) are increased
B. With regard to law enforcement services, the City shall file and dihgently pursue an
application with LAFCO to provide law enforcement services pursuant to Government Code section
56133 as soon as practical after August 12, 2003 If LAFCO approves the City's application, the City
shall thereafter provide law enforcement services to the Donut Hole consistent with the provisions of this
Contract Notwithstanding the ninety percent (90%) City and ten percent (10%) County apportionment
and the one hundred percent (100%) City share of Sales Tax Revenue specified in Section 2, above, until
the City is authonzed by LAFCO to provide and actually does provide law enforcement services to the
Donut Hole, the ninety percent (90%) City and ten percent (10%) County apportionment and the one
hundred percent (100%) City share of Sales Tax Revenue shall instead be eighty percent (80%) to the
City and twenty percent (20%) to the County
C The method, manner and rendition of the Municipal Services, the standards of
performance, the control and discipline of personnel, and all other matters relating to the furnishing and
performance of the Municipal Services by the City shall remain under the exclusive direction and control
of the City, but shall be provided on a nondiscriminatory basis
D The City shall furnish and supply all labor, supervision, supplies, equipment, vehicles and
facilities necessary to provide the Municipal Services with the understanding that
(i) New development requesting water and/or wastewater services from the City shall
be required to pay the City's water and/or wastewater capital improvement fees, including water source
acquisition charges, and shall be responsible for the construction of local mains and extensions or the
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payment of frontage charges for existing mains, pursuant to the same rates and procedures, respectively,
established for new development inside the City
E The County shall not be liable for the payment of any salaries, wages or other
compensation to any City employee performing the Municipal Services, whether full time or temporary,
and no person employed by the City to provide the Municipal Services shall have any County pension,
civil service or any similar status or nght The County shall not be liable for compensation or indemnity
to any City employee for any injury or sickness arising out of his or her employment unless the injury
results from the negligent or wrongful acts or omission of the County
F The Municipal Services described herein are intended to supplement, and not replace, any
mutual aid agreements entered into by the City for the geographical area including the Donut Hole
G In the event of any dispute between the Parties as to the extent of the Municipal Services
to be provided hereunder, the City Manager and the County Administrative Officer, or their designees,
shall meet and confer in good faith in an effort to resolve the dispute Each Party agrees to consider
reasonable requests from the other Party for refinements and/or modifications to this Contract consistent
with the general purposes and intent as expressed herein, provided that no amendment to this Agreement
shall be binding on either Party unless both Parties agree in writing after appropnate action by the City's
City Council and the County's Board of Supervisors
H. After August 12, 2003, the County shall fully cooperate with the City and immediately
commence the process of adopting or amending the appropnate County ordinances, resolutions,
regulations and policies as the County, in its sole discretion, determines are reasonably necessary to
authorize and facilitate the City's performance of the Municipal Services, Including, but not limited to
the City's provision of the ancillary services of inspection, enforcement, and the collection of fees for
excessive false alarm responses associated with its provision of the Municipal Services
I Notwithstanding anything to the contrary express or implied elsewhere in this Contract,
City agrees to diligently pursue termination of the Fire Protection Services Agreement, Contract No 03-
0279, with County Service Area 38 as soon as practical after August 12, 2003. In order to ensure that
there are adequate fire protection services to the Donut Hole at all times, the agreement for termination
of the Fire Protection Services Agreement, Contract No 03-0279, with County Service Area 38, may
provide for a suspension of the Fire Protection Services Agreement up through December 31, 2003 and
for reinstatement of the Fire Protection Services Agreement if the City's voters do not approve the
continuation of this Contract The City further agrees that the agreement for termination of the Fire
Protection Services Agreement, Contract No 03-0279, with County Service Area 38, will require
payment by County Service Area 38 of only those fees for fire protection services provided up to and
including August 11, 2003
Section 7. Real Property Taxes Real property taxes shall be received by the City and the
County in accordance with law
Section 8 Notifications All notices, statements, demands, requests, consents, approvals,
authorizations, terminations, appointments or designations hereunder by any Party shall be in writing
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and shall be sufficiently given and served upon the other Party personally, or if sent by United States
certified mail, return receipt requested, postage prepaid and addressed as follows
County
County Administrative Officer
County of San Bernardino
385 North Arrowhead Avenue, 5th Floor
San Bernardino, CA 92415-0120
City
City Manager
City of Redlands
P O Box 3005
Redlands, CA 92373
Either party may change its address by giving written notice thereof to the other in accordance with the
provisions of this Section Notices shall be deemed, for all purposes, to have been given on the date of
personal service or three (3) days following the deposit of the same in the custody of the United States
Postal Service
Section 9 Authority to Execute The persons executing this Contract warrant and represent
that they have the authority to execute this Contract in behalf of their respective Parties and that such
authonty has been confirmed by resolution of the Parties in accordance with Government Code section
55704 5
Section 10. Term
A This Contract shall commence on the date it has been approved by both the City and
County, and terminate on December 31, 2003, unless the qualified voters of the City approve the
Initiative Ordinance substantially in the form attached hereto as Exhibit "B" entitled "Initiative
Ordinance" and consent to the extension of the term of this Contract beyond December 31, 2003
B If the qualified voters of the City approve the Initiative Ordinance substantially in the
form attached hereto as Exhibit "B" entitled "Initiative Ordinance" and consent to the extension of this
Contract beyond December 31, 2003, this Contract shall continue in full force and effect until the later
of (a) the date on which all of the property comprising the Donut Hole has become annexed to the City,
or, (b) August 12, 2028, at which time this Contract shall terminate
Section 11. Default. If either the City or the County fails to perform any of its obligations as
provided in this Contract, and if the nonperforming party fails to cure its failure within thirty (30) days
after notice of non-performance is given by the other Party, then the nonperforming party will be in
default and the other party will have all of the remedies which are available to it at law or in equity,
specifically including but not limited to the right to suspend any otherwise required payments of Sales
Tax Revenue to the nonperforming party, provided, however, that if the failure to perform cannot
reasonably be cured within such thirty (30) day period, then the nonperforming party will not be in
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default of this Contract if it commences to cure its nonperfoiniance within such 30 day period and
thereafter diligently and in good faith prosecutes such cure to completion Without limiting the effect of
the foregoing, the Parties acknowledge and agree that the subject matter of this Contract is unique and
that money damages may be inadequate to compensate the non -defaulting party and therefore, at the
election of the non -defaulting party, this Contract may be specifically enforced
Section 12 Waiver Any waiver by one of the Parties of any breach of any one or more of the
terms of this Contract shall not be construed to be a waiver of any subsequent or other term hereof
Failure on the part of either Party to require exact, full and complete compliance with any term of this
Contract by the other Party shall not be construed as in any manner changing the terms of this Contract,
nor stopping the enforcement thereof
Section 13 Severability If any teiiti, provision, covenant, or condition of this Contract is
held by a court of competent junsdiction to be invalid, void or unenforceable, the remaining provisions
of this Contract shall nevertheless continue in full force without being impaired or invalidated in any
way to the extent that the intent of the Parties for entering into this Contract can be implemented.
Section 14 Governing Law This Contract shall be governed by and construed in accordance
with the laws of the State of California This Contract was entered into and is intended to be performed
in San Bernardino County, California Venue for any action brought by either of the Parties shall be the
Superior Court of California, County of San Bernardino, Central District Each of the Parties hereby
waives any rule of law or rule of court that would allow it to request or demand a change in venue If
any action concerning this Contract is brought by any third party, the Parties shall use their best efforts
to obtain a change in venue to the Central District of San Bernardino County
Section 15 Attorney Fees and Costs If any legal action is instituted to enforce any of the
Parties' nghts hereunder, each of the Parties shall bear its own costs and attorneys' fees, regardless of
who is the prevailing party. This paragraph shall not apply to those costs and attorneys' fees directly
ansmg from a third -party legal action against a party hereto and payable under Section 17, entitled
"Indemnification "
Section 16 Jury Tnal Waiver The Parties hereby waive their respective nghts to trial by jury
and agree to accept trial by judge alone for any cause of action, claim, counterclaim or cross-complaint
in any action, proceeding and/or heanng brought by either of the Parties against the other on any matter
ansmg out of, or in any way connected with, this Contract, the relationship of the Parties or any claim or
injury or damage, or the enforcement of any remedy under any law, statute, or regulation, emergency or
otherwise, now or hereafter in effect
Section .17 Indemnification
A The City agrees to indemnify and hold harmless the County and its authonzed officers,
employees, agents and volunteers from any and all claims, actions, losses, damages, and/or habihty
arising from City's and its authorized officers', employees', agents' and volunteers' acts, errors, or
omissions and for any costs or expenses incurred by County on account of any claim therefore, except
where such indemnification is prohibited by law
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B The County agrees to indemnify and hold harmless the City and its authorized officers,
employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability
ansing from County's and its authorized officers', employees', agents' and volunteers' acts, errors, or
omissions and for any costs or expenses incurred by City on account of any claim therefore, except
where such indemnification is prohibited by law
Section 18 Independent Capacity
A The City, its elected officials, officers, employees and agents are acting m an mdependent
capacity dunng the term of this Contract and not as officers, employees or agents of the County, nor
shall they have authority to contract for or in behalf of, or incur obligations in behalf of, the County
B The County, its elected officials, officers, employees and agents are acting in an
independent capacity dunng the term of this Contract and not as officers, employees or agents of the
City, nor shall they have authority to contract for or in behalf of, or incur obligations in behalf of, the
City
Section 19. No Joint Venture The Parties to this Contract renounce the existence of any form
of j oint venture or partnership between them and agree that nothing contained in this Contract or in any
document executed in connection with this Contract shall be construed as making the Parties joint
venturers or partners
Section 20 Exhibits All exhibits mentioned in this Contract are attached hereto and
incorporated herein by reference
Section 21 Incorporation of Recitals The Recitals are incorporated in this Contract
Section 22 Sections and Captions All references to "sections" refer to Sections of this
Contract, unless otherwise stated Captions are for convenience of reference only and do not constitute a
portion of this Contract
Section 23 Further Assurances Each of the Parties shall, upon the request of the other Parry,
take such other actions, including but not limited to those actions descnbed m subsection 6H hereof, and
sign such other documents (in recordable form, if required) as may be reasonably required to effectuate
the terms of this Contract
Section 24 Consent Whenever consent or approval of any of the Parties is required under
this Contract or to implement its provisions, that Party shall not unreasonably withhold or delay such
consent or approval
Section 25 Entire Agreement/Amendment This Contract contains the entire agreement and
understanding between the Parties with respect to the subj ect matter hereof There are no oral
understandings, terms, conditions or promises, and neither of the Parties has relied upon any
representation, express or implied, not contained in this Contract This Contract may be amended, in
writing, at any time by the mutual consent of the Parties No amendment shall have any force or effect
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unless prepared and executed in writing and approved by City's City Council and County's Board of
Supervisors
Section 26 No Presumption Regarding Drafter The Parties acknowledge and agree that the
terms and provisions of this Contract have been negotiated and discussed between the Parties and their
attorneys, and this Contract reflects their mutual agreement regarding the same Because of the nature of
such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this
Contract, and therefore no presumption for or against validity, or as to any interpretation hereof, based
upon the identify of the drafter shall be applicable in Interpreting or enforcing this Contract
Section 27 Signatories In accordance with the requirements of Government Code section
55705, each of the persons signing this Contract in behalf of its respective Party is authorized, by
resolution, to do so
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates below
COUNTY •SAN BERN .,' D MO
/
r
JE► _
By
Dennis Hansberger, Chair an
Board of Supervisors
Date August 12, 2003
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN
OF THE BOARD
J RENEE BASTIAN
Clerk yofthe ll arta ofSupervisors
/ 111 yl'1 It '1
By ;
�. 'AUG 1;.:'2,20D$ ,
Date
APPROVED AS TO LEGAL FORM
ALAN K MARKS, County Counsel
San Bernardino County, California
By.
Rex A Hines = •, . uty
Date
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CITY OF REDLANDS
Karl N Haws, Mayor
Date August 5, 2003
ATTEST
since /y
Lore Poyzer,�►�i" C/erk
APPROVED AS TO FORM
DANIEL J. MCHUGH, City Attorney
By.
Dan J. cHugh
Date: August 6, 2003
LAFOO 2867
DETACHNIEN T FROM THE SPHERE OF INFLUENCE.
OF THE CITY OF REDLANDS (DONUT HOLE)
REVISION NO. 2, 5 OCTOBER 2000
ECR ,DNS OF SE: T ECN 18, ANC 21, T1s, R3W, SEEM; MORE PARTICULARLY D.`SCRI ED
AS FOLLOWS.
FOLLOWING -HF VARIOUS COURSES OF THE EXISTING REC.LANDS CITY UMTTS,
BEGINNN/NG AT THE INTERSECTION OF THE WEST BOUNDARY LINE OF THE CITY OF
R DLAN` CS AS ORIGINALLY INCORPORATED, SAID UNE ALSO BEING THE
JNTERSEC T ,ON OF THE NORTH AND SOUTH QUARTER SECTION LINE OF SECTION 21,
T1 S, R3W, SEEM, WITH THE EAST AND WEST QUARTER SECTION LINE OF SAID
SECTION 21;
(CO?URE '#1) THENCE WESTERLY ALONG THE NORTH SEL T ION UNE OF SAID SECTION
21 AND CONTINUING ALONG THE EAST AND WEFT QUARTER SECTION UNE OF
SECTION 20, T1S, R3W, SEEM, N 89°36'37" W 2,573.38 FET:
(COURSE 02) THENCE WESTERLY ALONG THE FAST AND WEET QUARTER SECTION
LINE OF SAID SECTION 21 AND CONTINUING ALONG THE NORTH SECTION LINE OF
SECTION 20, T1S, R3W, SESTA, S 89'2T54- W 4,03221 FEST TO ITS INTERSECTION WITH
THE" SOUTHERLY PROLONGATION OF THE EAST LINE OF LOTS 6 AND 3 OF BLOCK 0, 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 CALIFORNL4. LAST
SAID INTERSECTION EEING 1,320 FEET MORE OR LESS EAST, OF THE INTERSECTION
OF THsE CENTEi LINES OF LUGCNIA AVENUE AND CALIFORNIA STREET,
(COURSE #.3) THENCE N 00°34'48' W 1,30520 FEET ALONG SAID EAST UNE OF LOTS 8
AND 3 AND THE PROLONGATION THEREOF, TO ITS INTERSECTION WITH THE
CENTtrsLINE OF ALMOND AVENUE,
(COURSE Il4) THENCE N 89°49'35 W 1,315.68 FEE, ALONG THE CENTERLINE OF
ALMOND AVENUE 1,316 SS FEET TO fTS INTERSECTION WITH THE CENTERLINE OF
CALIFORNIA STREET; I
(COURSE #f) THENCE N Orr18'48' W, 3,9E9.99 Fes! ALONG THE CENTERLINE OF
CALIFORNIA STREET TO ITS INTERSECTION WITH THE CENTERLINE OF PALMETTO
AVENUE;
(COURSE #6) THENCE S 89°27'491 E 2.645.54' FEET ALONG THE CENTERLINE OF
PALMETTO AVENUE TO 1TE INTERSECTION WITH THE CENTERLINE OF NEVADA
STREET;
(COURSE #7) THENCE N 0D 4'S5' E 1,320.22 FEE; ALONG THE CENTERLINE OF NEVADA
STREET TO ITS INTERSECTION WITH THE SOUTH LINE OF PINE STREET (VACATED);
(COURSE Tv8) THENCE .5 85'27'4S" E 1,318.13 FEET ALONG THE SOUTH LINE OF PINE
STREET (VACATED) TO ITS INTERSECTION WITH THE SOUTHERLY PROLONGATION -OF
THE EAST UNE OF LOT 3, BLOCK ! OF BROWNS SUBDIVISION OF THE HENRY L
WILLIAMS TRACT AS RECORDED IN BOOK 3 OF MAPS. PAGE 95. IN THE OFFICE OF THE
COUNTY RECORDER, COUNTY QF SAN BERNARDINO, STATE OF CALIFORNIA;
EXHIBIT "A"
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Exhibit B
To City/County Sales and Use Tax Contract
ORDINANCE NO 2550
AN INITIATIVE ORDINANCE OF THE PEOPLE OF THE CITY OF REDLANDS
CONSENTING TO THE CITY'S EXTENSION BEYOND DECEMBER 31, 2003, OF THE
TERM OF THE CONTRACT WITH THE COUNTY OF SAN BERNARDINO TO
APPORTION SALES AND USE TAX REVENUE GENERATED BY BUSINESSES
LOCATED WITHIN THE UNINCORPORATED AREA KNOWN AS THE "DONUT HOLE"
AND FOR THE CITY'S PROVISION OF MUNICIPAL SERVICES TO THE "DONUT
HOLE" AND APPROVING AN AMENDMENT TO THE CITY'S GENERAL PLAN
RELATING TO DEVELOPMENT WITHIN THE CITY'S PLANNING AREA AND SPHERE
OF INFLUENCE
WHEREAS, in 1998, the voters of California approved Proposition No 11 which
amended Article XIII, Section 29 of the California Constitution to allow cities and counties to
enter into contracts to apportion sales and use tax revenue, by ordinance or resolution, upon a
two-thirds vote of approval by the governing body of each junsdiction that is a party to the
contract, and
WHEREAS, the State Legislature amended Government Code sections 55700 et sec, to
provide the option for approval of contracts to apportion sales and use tax revenue consistent
with the provisions of the California Constitution, and
WHEREAS, the County and City have agreed to an apportionment of sales and use tax
revenue generated from businesses in the Donut Hole, irrespective of their junsdictional
boundaries and subsequent reorganizations of property within the Donut Hole, and
WHEREAS, the contract for apportionment of sales and use tax revenue and the
provision of municipal services has been approved by ordinance or resolution, and by a two-
thirds vote of the City Council of the City of Redlands ("this City Council") and a two-thirds
vote of the Board of Supervisors of the County of San Bernardino, and
WHEREAS, this City Council has provided in its contract with the County of San
Bernardino that the benefit of receiving the sales and use tax revenue generated by businesses
located in the unincorporated area of the Donut Hole, in exchange for the City's provision of
municipal services, will terminate on December 31, 2003, unless an extension of the term of the
contract beyond December 31, 2003, is consented to by a majonty vote of the qualified voters of
the City of Redlands, and
WHEREAS, this City Council has submitted this Initiative Ordinance to the qualified
voters of the City of Redlands for their consent to the extension beyond the date of December 31,
2003, of the term of the contract for apportionment of sales and use tax revenue and the City's
provision of municipal services within the Donut Hole, and
1
Section 3 Section lA 20 entitled "Principle Two" of the "Pnnciples of Managed
Development" element of the Redlands General Plan is hereby deleted in its entirety and
readopted to read as follows
"lA 20 PRINCIPLE TWO (Guiding Policy)- Development within both the planning area
and sphere of influence of the City of Redlands shall conform to development standards within
the City
(a) Development Agreements (Implementing Policy) - All development agreements
entered into by the City and developers pursuant to Califorma Government Code Sections 65864
et seq. after the effective date of the imtiative ordinance adding this Section lA 20 to the
Redlands General Plan shall conform to the policies contained in this General Plan
(b) Extension of Public Utilities (Implementing Policy) - No extension of City provided
utility services within both the planning area and sphere of influence of the City shall occur until
such areas are properly annexed to the City, except that utility services may be extended to areas
within both the planning area and sphere of influence of the City without pnor annexation if all
of the following conditions are met
1 The area to be served is not contiguous to the City of Redlands, and
2. The City and the land owner have entered into a properly recorded and binding
pre -annexation agreement establishing covenants running with the land that assure full
compliance with all development standards of the City of Redlands, payment of all capital
improvement and other development fees which would be applicable to the property if it were
within the City limits at the time of extension of such services, and immediate processing of
annexation to the City at the City's request, and
3 The land owner agrees as a condition of extension of utility facilities to serve
the proposed development to pay the full cost of such extension of such utility facilities "
Section 4 This Initiative Ordinance shall be considered adopted upon the date that
the vote on this Initiative Ordinance is declared by the Redlands City Council, and this Imtiative
Ordinance shall take effect ten days after that date
3