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HomeMy WebLinkAboutOrdinances_2550_CCv0001.pdf ORDINANCE NO. 2550 AN INITIATIVE ORDI ANVE OF TETE PEOPLE OF THE CITY OF I EDLANDS CONSENTING G TO THE CITY'S EXTENSION T EYOND DECEMBER 31, `003. OF ­LTII TERM OF THE CONTRACT WITH THE COUNTY OF SAN BERNARDI O TO APPORTION, SALES AND USE TAX REVENUE UE: GENERATED BY BUSINESSES LOCATED WITHINTHE UNINCORPORATED AREA KNOWN < S THE "DONUT HOLE" AND FOR THE. CITY'S PROVISION F °ULNICIPAL SERVICES TO THE "DON-UT HOLE" AND APPROVING AN AMENDMENT TO THE CITY'S GENERAL PLAN RELATING TO DEVELOPMENT WITHIN THE CITY'S PLANNING ING AREA AND SPHERE` CSE TELEEICE WHEREAS, in 1998, the voters of California approved Proposition No. i I which amended :article XIII; Section 29 of the California Constitution to allow cities and counties to< enter into contracts to apportion saps and use tax revenue, by ordinance or resolution, upon two-thirds vote of approval by the governing;body of each Jurisdiction that is a party to the contract; and WHEREAS, the State Legislature amended Government Code sections 55700 et sem. 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 enerated from businesses its the Donut Hole, irrespective of their jurisdictional boundaries and subsequent reorganizations of property within the Donut Hole; and A-11EREAS, 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 tvvo- thirds vete of the CityCouncil 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 rev~enue generated by businesses located in the unincorporated arca 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 21, 2003, is consented to by a majority 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 3 I, 200',, of the tertit of the contract for apportionment of sales-and use tax. revenue and the City's provision of municipal services within the Donut Hole; atid 1 WHEREAS, Section I.A.20 entitled "Principle Two" of the "Principles of Managed Development" element of the Redlands General Plan establishes the policy that "Development within the planning area and sphere of influence of the City of Redlands shall conforni to development standards within the City;" and WHEREAS, Section IA-20 contains two implementing subsections relating to Z�l development within the City's planning area and sphere of influence entitled "Development Agreements" and the "Extension of Public Utilities Outside the City Limits;" and WHEREAS, , given that the boundaries of the City's sphere of influence and its planning arca are, as a matter of City policy, kept cotenninous; and WHEREAS, because Government Code section 65865(b)specifically provides that development agreements may only be entered into for unincorporated property when that unincorporated property is also within a city's sphere of influence; and WHEREAS, based upon the foregoing, the City has reasonably determined that both the literal reading of Section I A.20 and its practical application under law leads to the conclusion that Section 1A.20 and its implementing subsections apply only to properties within both the City's planning area and its sphere of influence; and WHEREAS, this City Council believes it is in the City's and its citizens' best interests to amend Section I A.20 to make explicit (to the extent of any ambiguity) that Section I A.20 and its implementing subsections apply to development within both the City's plannin- area and its sphere of influence, and not to other development outside of the City's boundaries, and 'WHEREAS, the amendment to Section IA.20 of Redlands General Plan set forth herein is not, in the City Council's opinion, a substantive change but rather a clarification of existing law and that approval of this Initiative Ordinance shall be ratification of all prior City actions taken consistent with the herein described interpretation of Section 1A.20 and its subsections which together are entitled "Principle Two" of the "Principles of Managed Development" element of the Redlands General Plan; THE PEOPLE OF THE CITY OF REDLANDS HEREBY ORDAIN AS FOLLOWS: Section 1. The people of the City of Redlands hereby consent to the extension beyond December 31,2003, of the term of the contract with the County of San Bernardino for the apportionment of sales and use tax revenue generated by businesses located within the unincorporated area commonly known as the Donut Hole and the provision of municipal services in the Donut Hole, in the form attached hereto as Exhibit "A." Section 2. The provisions of this Initiative Ordinance, the contract which is attached to this Initiative Ordinance as Exhibit "A," and all of the contract's provisions may be amended or repealed by the Redlands City Council. 2 �cction 3. Section 1A.20 entitled I "Principle Two,, of the "Principles of Managed Development" element of the Redlands General Plan is hereby deleted in its entirety and readopted to read as follows: "I .2t1 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 Califorti la Goverm-nent Code Sections 65864 et seq. after the effective date of the initiative ordinance adding this Section IA.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 planning utility ility services within both the area and sphere of influence of the City shall occur until 47 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 prior annexation if all of the followinI g conditions are,met: 1. The area to be served is not contiguous to the City of Redlands; and 1 The City and the land owner have entered into a property recorded and binding pre-annexation agreement establishinZ:�g covenants running with the land that assure full 1.7 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 fidl, 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 Initiative Ordinance shall take effect ten days after that date. 3 EXHIBIT "A To ordinance No. 2550 CONTRACT FOR THEAPPORTIONMENT 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 -i thin the Donut Hole and for the provision of municipal services to the Donut Hale(the "Contract") is made b-,`and between the County of San Bernardino, a political subdivision oft e 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 Dole(more fully described in Exhibit"A" entitled"Donut Hole Description")is located in the unincorporated area..of the County but is completer surrounded on all sides by the City; and WHE AS. 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 gen lyon the basis ofninety 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. I 1 which amended Article XIII. Section 29 of the California Constitution to allow cities and counties to enter into contracts< to apportion sales and use tai; 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 M.to provide- cities and counties the option to approve contracts apportioning sales and use, 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 Counci l of the City and a two-thirds vote of the Board of Supervisors of the County in accordance with Government Cotte section 55704,5; and I XVHEREAS. the Parties have determined. by resolution. that (1) businesses have beer 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 equityrequires that thv sales and use tax revenue rec.—I'ved bv the Coumv and the City from such businesses be apportioned bem, ,een the City and the Count%, for the benefit of their resDO.Ctive citizens-,and(3)that the Chairman os' the Board of Supervisors of the Countv and the Mavor of the City of Redlands be authorized to execute: this Contract; and WHEREAS. the County and City desire to apportion the sales and use tax revenue generated, front businesses in the Donut Hole in the manner specified ;in this Contract irrespective of present oT- future jurisdictional boundaries and subsequent reorzanizations of property-, and WHEREAS. Government Code sections 54980 et sea, authorize the legislative body of any local agency to contract with anv other local a gency for the performance by the latter, for valuable consideration. of any municipal services or functions within the territory of the former; and WHEREAS, the Local Agency Formation Commission of the County of San Bernardino ("L. CCI") 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 W'HE REAS. 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 veil continue to refrain, from pursuinz 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 reliance 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 ;s 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 greneral 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 WHER-EAS.City has issued a permit for the connection to the Citywaterand 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,%vater meters have been issued and installed in connection with,such propl-riy-. accordingly Phase I of the Citrus Plaza prcect has a`prior vested right to obtain water and waste%vatcr senIce from the City which vested right will continue whether or not the to of this Contract is extended by the voters of the City in 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. 200-3. 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 11. 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-I 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 described in Exhibit "A" entitled "Donut Hole Description." C, "Fiscal Year" is defined as July I 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 inspectionrr and other types of ancillary services (not including plan checking) customarily 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 Uniforin Local Sales and Use Tax Law (Revenue and Taxation Code sections ,200 et se Section 2. Atmortioninent 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 fora period of twenty(20)years commencing on Auv-ust 12, 2003. At the end of such twenty(20) year period 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. 3 B. For each individual business not generating Sales Tax Revenue in the Donut Hole or, August 11-1. -2003. and whichbegTris gencrann2 Sales Tax Revenue after August 12.2003. the City shai" receive ninety percent (901/0'1 of such Sales Tax Revenue and the County shall receive ten percent 0 01 G of such Sales Tax Revenue for a pelliod of twenty,(220) years commencing on the date of issuance of th- c-1-tificate of occupancy for the business !zeneratintz Sales Tax Revenue. Atthe end ofsuchtwenty(20i year period for each such business, the apportionment formula shall chan2e to provide that the City shat rcl'el"r e one hundred percent (I 00( ,,) of the Sales Tax Revenue in C, NotkvithstaridM2 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 (twenry-five years after the effective date of this Contract) for every business generating Sales Tax Revenue in the Donut Hole :t that time. and even! business generating Sales Tax Revenue thereafter, the City shall receive one hundred percent 0 00%) of such Sales Tax Revenue until the termination of this Contract pursuant to Section 10 hereof. DIf the Bradley-Bums,Uniform Local Sales and Use Tax Law(Revenue and Taxation Code sections '7200 et sea.) is modified or repealed after July 1,200"'),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 form of tax.revenue or other money(such as.but not limited to.real property es.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; one shall be apportioned between the Parties conslstentv%-,Ith the apportionment formula established in this Contract. Further,the County and the City shall fully cooperate vith 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 various 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 appropriate percentage (as speci 111 ed in Section ' above or Section 6 belov) 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 front 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 b the County during the preceding Fiscal Year: Sales Tax Revenue for the Donut Hole disbursed pursuant to this &tract by the County to the City during the preceding Fiscal Year-, and the 4 total of a]I Sales Tax Revenue disbursed pursuant to this Contract by the County to the City from August 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/ troller/Recorder may deduct from amounts paid to the Citypursuantto Section 3 abovethe Auditor/Controller/Recorder'sres onable cost of administening the provisions of this 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 MuniciRalServices. AInconsideration 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 a non-discriminatory 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 i f 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-discriminatory basis for all areas outside the City, and (ii) 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 diligently pursue an application with LAFCO to provide law enforcement services pursuant to Government Code section 5613)3 as soon as practical after August 12,2003. If COapproves 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 authorized 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 Cltv 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 requestingwater 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 th:, paly1ment of froma2e chartres for existing mains,pursuant to the same rates and procedures,respeclivef,' established for ne%v development inside the Cite. E, The County- shall not be liable for the payment of any salaries. wages or othc,. compensation to any City employee performing the Municipal Services,whether full time or temporar:- and no person employed by the City to provide the Municipal Services shall have any County pension civiI service or anv similar status or r'aht, The County shall not be liable for compensation or mdemnl't:; I- to any City employee for any injure or sickness arising out of his or her employment unless the IRJUT- results from the negnigent or wrongful acts or omission of the County. F. The.Municipal Set-vices described herein are intended to supplement,and not replace,an,, mutual aid agreements entered into by the City for the geographical area including the Donut Hole. & In the event of any dispute between the Parties as to the extent of the Municipal Service-, to be provided hereunder, the Citi'`Manager and the County Administrative Officer, or their desi--nees. shall meet and confer in good faith in an effort to resolvethe dispute. Each Party agrees to consl(IC- 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 bindlni,on either Party unless both Parties agree in writing after appropriate 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 immediateli% commence the process of adopting or amending the appropriate County ordinances, resolutions. rcaulations 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 taise alarn-i responses associated with its provision of the Municipal Services. L Notwithstandim,.Tanvthim,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 thm there are adequate Fire protection services to the Donut Hole at all times, the agreement for terminati or, of the Fire Protection Services Agreement, Contract No. 03-0279, with County Service Area 38, mai provide for a suspension of the Fire Protection Services Agreement up through December 31, 2003 and for reinstatement of the Fire Protection Services Aereement 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. 033-027179, with County Service Area 38, will require payment by County Serv°lceArea 318 of only those fees for fire protection services provided up to and including August It, 2003 Z� Section ' .7 I Real Propertv Taxes, Real pro perty, taxes shall be received by the City and the County in accordance with law. Section S. Notifications. All notices., statements, demands, requests, consents, approvals. 6 authorizations.terrninat ons. appointments ordesimations hereunder by any Party shall in °ruin ani shall be su ficlent]y given and served upon the other �Party personally,or if b United States cervi iec mail, return receivt requested. postage prepaid and addressed as follows: Count�': Courav .kdministrative Officer aunty of San Bernardino North Arrowhead Avenue. 5th Floor San Bernardino. CA 92415-0120 Citi°.: Citv Manager City of Redlands P.O. Beat 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 Contractwarrant and represent that they have the authority to execute this Contract in behalf oftheir respective Parties and that such authority has been confirmed by resolution;of the Parties in accordance with Government Code section: 55704._. 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 forma 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 farce and effect until the later of: (a)the date on which all of the property comprising the Donut Dole has become annexed to the City,: or. i reasonably be cured within such thirty (30) day period, then the nonperforming party will not be default of this Contract if it commences to cure its noriperformance within such 30 day period ani; thereafter cilliaentiv and in good faith prosecutes such cure to completion. Without limiting the effect 0: the fforcLoin2. the Parties acknowieda-1 and agree that the sublect matter of this Contract is unicue an',_4 that money damai-les may be inadequate to compensate the non-defaulting party and therefore. at'th-2 election of the non-defaulting, party, this Contract may be specifically enforced. Section,12 %%'alver. A-,I%,waiver by one of the Parties of any breach of anv one or more of thC terns of this Contract shah not be.construed to be a waiver of any subsequent or other term hereof, Faliure 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 term,provision,covenant,or condition of this Contract is held by a court of competent jurisdiction to be invalid,void or unenforceable,the remaining provisions of this Contract shall nevertheless continue in full force without being impaired or invalidated in anyway 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 perforated 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 hereb,., walves, ariv 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 partv,the Parties shall use theirbest efforts to obtain a change in venue to the Central District of San Bernardino County. Section 15. Attorriev Fees and Costs. If any legal action is instituted to enforce any of the Parties' rights 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 arising from a third-party legal action against a party hereto and payable under Section 17, entitled "Indemni Fi cation. Section 16. Jur-,Trial Waiver- The Parties hereby waive theirrespective rights to trial by jury and agree to accept trial bv 'udLe alone for anycause of action,claim,counterclaim or crass-complaint in any action, proceeding and/or hearing brought by either of the Parties against the other on any matter arisina out of,or in any way connected with, this Contract, the relationship of the Parties or any claim or Initiry or damage, or the enforcement of anv remedy under any law, statute,or-re ulation,emergency or otherwise. now or hereafter in effect. Section 17. Indemnification. A. The City agrees to indemnify and hold harmless the County and its authorized officers, employees. agents andµvolunteers from any and all claims, actions, losses, damages. and/or liability 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 orf account of any claim therefore, -except where such indemnification is prohibited by law. 13. The County azrees to indemnify and hold harmless the City and its authorized officers. employees. agents and volunteers from any and all claims, actions, lasses, damages. and/or liabilltv ansin a from County's and its authorized officers', employees', agents' and volunteers' acts. errors, or omissions and for any casts or expenses incurred by City on account of any claim therefore, except here such indemnification is prohibited by law_ Section 18. Independent C uacity. A. The City, its elected officials,officers,employees and agents are acting in an independent capacity during 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, incur obligations in behalf of, the County. B. The County. its elected officials, officers, employees and agents are acting in an independent capacity during 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. leo Joint Venture. The Parties to this Contract renounce the existence of any form of joint venture or partnership between therm and agree that nothing contained in this Contractor in any document executed in connection with this Contract shall be construed as making the Parties join 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 Cautions. 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:- Farther assurances. Each of the Parties shall,Capon the request of the other Party, tale such other actions,including but not limited to those actions described in subsection 6H hereof,and stitn such other documents tin recordable form,if'required)as may be reasonably required to effectuate the terms of this Contract. Section 24- Consent. Whenever 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 Attreement/ en!iment. This Contnact contains the entire agreement and understanding between the Parties with respect to the subject 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 9 unless prepared and CXMIted in writing;and approved by City s Cite Council and County's Board of Supervisors. ,,Section 26:. o Prest,-ItiOne2ardiriL,Drailer. The Parties acknowledge and -gee that the terms and provisions of this Contract have been negotiated and discussed between the Partiesan(i their attorneys.and this Contract reflects their'inutual afire rnent regarding the same. Because of the mature of such neaot ations 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 arra• interpretation hereof, based upon the identity= of the drafter shall be applicable in interpreting or enforcing this Contract. Section-17 signatories. In accordance Nvit r the requirements of Government Code section 55705, each of the persons signing this Contact in behalf of its respective Party is authorized, by resolution, to do so. 1' 11 H t`1 d 1 �1 x° l } F 1�m q'1 fr# t{¢ a7�� �ppr s� t IN AIT'` WHEREOF, the Parties have executed this Agreement as of the dates below. COUNTY SAN BERN, rNO CITY OF REDL V Bv- Dennis Hansberger, Chai5an Karl N. Haws, Mayor Board of Supervisors Date: August 12, 200') Date: August 5, 2003 ATTEST: Poyzer, iCCIerk SIGNED AND CERTIFIED THAT A COPY APPROVED AS TO FORM OF THIS DOCUMENT HAS BEEN DANIEL J. MCHUGH, City Attorney DELIVERED TO THE CHAIRMAN OFTHE BOARD 7ks� J. RENEE-BAST LAN ,.' By: I Clerk of the Board o Supefyisors Dan cHugh Oro ANAi Date: August 6, 2003 By-, Date APPROVED AS TO LEGAL FORM ALAN K. MARKS, County Counsel San Bernardino County, California By: Rex i) Hine ttty ­ Date LAFCO 2867 0�-, Al%Z'4-,7li E'N 7 FRchl THE SPHERE OF J'NFLI.JENc= CIF 7H, CITY OF REDLANDS (DONUT HOLE) REQ ISICNI NC. 21 1 OCTOBER% 12;000 S EZ7 C,LI P-0 I f E. Z 21, -�'j c zi: AS ;CL -jH 9--'ANOS LIM =-=�':INNING AT 7 TICN OF -H;= wEST SCUSCARY LINE OF TH C.-jy OF F:7-. iH- , I - =-LkNC-e AS Cr-v'i5N#"tL-" Y lNCC;ZPCRA"j-=D, SAID LINE ALSO BEING THS EcAl i WT Er'S 0"4 OF -'HE NC-:�-1H AND SCLT-Iri CUARTER SECT IC,',4 LINE OF SEO, ON 21, TIS, A- ', SESM, WITH THE EAST AND wEZ-- QLtAR-tER SE-710N LINE OF SAID SIrON 21: &I) THi-EENCE WE-S-7ERLY ALONG THE NO;; S=-T ION LINE OF SAID 5 1."1 ION 21 AND C.CNTINUING ALCNG THE EAST AND WEST GUARS MA SEC TiON LINE OF SECTION AZO, TJlS, R3W, S--M,N 8903677-W Z673~29 F=.. (CCURZZ 4:; THENCE Wt-S—jmRLY ALONG THE ZXcT AND WEST QUARTER SECTION LINE OF SAID SE4r."*71C,N 21 AND CONT;NUING ALONG THE NORTH SECTION UNE OF SECT:C-N 0, IS, R3W, SS=M, S 89#2754-W 4,C34"..".11 TQC rrS INTERSEC11CN WITH THE SOUTHERLY PROLONGATION OF-4 HE SASS AN LINE OF LOTS 6 D 3 OF BLOC X S. OF I HE ,14ENRY L.WILLIAMS T`;ZAC7-,AS RECORDSZ� IN SOCK 11. PAGE 17 IN THE OFFICE OF THE CCLINT Y RSCCFZl--ZZ, COUNTY OF SAN 8EFNA-mu-INC, SATE OF CALIFO RNLk LAST SAl I - - - r,mz r- .',ICT C NTE:RS:=:-,i*ON SEIING 1,'!:C FEET MORE OR �Ec,s FAST, OF THE INTZRSE OF (CC wuRsH 0; 1 HENCE N CC .448- W %2101-550 FEE'r ALONG SAID EAST LINE OF LOTS 6 AND 3 AND THE PROLONGATION THERECF, TO ITS INT-RS-CnOhl WITH THE CENTMr LINE OF ALMOND AVENUE; (COURSE *4) 7HENC:: N SS'49'290 W 1,:lS.66 ALONG THE CENTI'SPJ-1NE OF AL,l',,lONC AVENUE 1,316.ES FSE7 TO ITS JNTt-:RS;:--;cN wrTI4 THE CENTERLINE OF CAUFORNIA STREET; eCCURc*tv #fi' THENC- N 0(1°45"4;' W, 3.SSS.SS FEET ALONG THE CENTERLINE OF CALIFORNIA STJRET Ti ITS IN-ZRSE--ICN WFTH THE CENT-=I NE OF PALME70 A 'EN UEt' (CCURSE 0) 7HENCE .S Wr-74r E*. 646.64` ALONG T CEN-15-MLINE OF PALME—JiC AVENUE TO ITS INTERSsc-TICINI I:,-i ri TH=- CENTIMEMPLINIS OF NEVADA STREP (CCURSE #7) "HENCE N OC" 'Sr' C 1,320-Z2 ALCNC- THE CENTERLINE OF NEVADA STREET T4 C ITS INTIEFSE7.71C."N til rl H THE SOUTH LINE CF PINE ZETREZE"'T(VACATED); (ccu,qSE J08) THEINCE S 89127*45' E 1,318.13 FEZ-4 ALCNG THE SOUTH LINE OF PINE STREET (VACATE:) TO ITS INTZRSECTICN WITH -,H*- SCUTHEnLY FRCLCN(3ATION-OF THE EAST LINE OF LOT 3, BLOCK I OF BROWWS-USCIVISION OF THE HENRY L. WILL,,WS T RAC7 AS R '-ORCED IN SOCK 8 OF MAPS. PAGE 95. IN T HE OFFICE OF THE COUNT Y REC CPZEM*', CCUN'7y OF SAN BERNARDINO, ST ATE- OF CAUFOANLA; EXIMIT "Alt E,X H IS I T "A DCNUT HOLE r)EZCPIPTION Page 1 of 5 ��R.E CE N 0 17* E '661.14 FEE, ALONG LAST SAID SOUTHERLY AND EA'S7 LINE OF SAID .LCC 3 -10 ITS ,NTERSE'; IC?q WITH THE t�`C,7,j r =L':' LINE Ci- CTS 3 AND � C t OF BPC{ VN .SLIB=IVt IC, t -` - E 4%502.20 FE—Fr r LCT=. S`A' C`' " (CCLIRZS ""j) TH ,NC= S Sor0*16. E 20-C,, FEE" ALCNG LAST SAID EAS=-,LY PR CNGATICN LINE T C THE CEN TERLINE OF _ AMA S TR {CC URSE X"'P•dd THENCE N 0C*34'57' E 88.6,3 FEE-, ,ALC7NG THE CENTER-LINE OF ALABAMA S T;,;== s,� TO i H WEE F1 PROLONGATION OF THE S�-OULDER OF THE BLUFF O TH-z S LJ,H K OFT HE SANTA ANA R (CCURS- 9118) THENCS NAq.59 FBS?' Ati I+,,Q THE « f FR CICNGATION OF A LINE' DESCRIBED IN GRANT OEM RECORDED OCTOBER 9, 1952 IN 6 COX 252-3 :, PAGE 746, OFFICIAL RECORDS OF SAID CCU THENCE ALONG VA,FIC S CCURSmS IN THE SHOULDER OF-j-H5 BLUFF OF T HE SOLrrH SANK 4F,SAIL) S ,A ANA RIVER.CESCRIE IN SAID GRANT OSE60.0 AS FOLLO'; (COURSE#'f 6)7HENCZ N 8912 ZC I E ALONG SAIL?SHOL;LCE� g:!.SS FES 'S'HEINCE N a 9°43'1 Cm E ALONG SAID SHOULDER, 25.54 F-=—:k (ccLrXSE# 8)THENCE N 73*C ':6"-ALONG SWO SHCLjEF 4W , 7 Fes' (CCUREv#191 I H5,NC.E N 61#19'55"E,ALONG S�0 SHCULDIE R,=1.48 Fes„ CCLJR-5#2d)HE Cv N 58009-30-F ALONG .SAID SHOt1LC?2R,2c7.jCpaZ-. ('COURSE TENC',Z N S4*SS"�G"E,ALONG SAID sHC UL.CS:R 494945 F,.._, (CCVRS # 2 THENCE. N>64',mc SS"E,ALONG SAID SHC.ULCER. IS 1.132 FES (CCVRSE# :)THENCE N 85118'43 'E,ALONG SAID SHC"LLCE.R "I9"I.SE F- CC f E,�dj TIIE.NCE N 67102"t.04-E.ALONG SAID SHcU,, E=x. B.,S FET.., (*CC IRvF# THENCE LEAVING I HE SHOULDER OF E BLUFF OF THE'SCUTH BANK OF THE SANTA ANA RIFER fi 57*0 =2'W 409.89 FES;s` CCLIR S=1 THENCE N 72152-220 E 25+.c3 F' s 1 C r sRIGI*,"OF WAY Chi Ti HE STATE OF i :ALIFORN,A FOR STATE HIO'; AY 3o; (ccUFSE #77THENCE ALONG SAID STATE RIGHT'OF WAY N 00*10"16"N +41.13 FErE7** 70 TIE NCCRT €LINE SCF SEC CN 17,TlS.R3W, SB-=m ExHIBIT "All EXHIBIT "A" DONUT HOLE DES`+CRIPTION' Pace 2 of (CCURSE #ZE) THENC-E S 8S'14'.'S* E 347.32 FE="!' ALONG THE NORTH LINE OF 'C,".'Z 17 A N'w lE, 7 IS, R:-W, StES:&I, -IC THE ZAS HALF OF SAIC I i.JNZ OF T HSE 7VE� W A T Q- ffA 3.fel.74 ALONG HE SAS i LINE OF HE WEST %.W OF SAZW SEZ7;Zw.`4' 16 70 4tiysa�.., wl- 'E LOWING -n E Z V E 7 E A L C G� H E� '::2 N T E R I I NZ 0 F, P I::,L I I'E A V E N U S Tj 4S CL, ALCNG A N0N-TANG.2ZN7 NCPl*j*'w_EA=m-Ly. H A v IN CF� A RACIAL BEARING SEARS S 04*-& W, THROUG14 AZENTRV*�LANGLEOF A CI STANCE OF 137.S (C6.VRSE921)THENCE TANGENT IC SAID CURVE 69#14'CVW207.19 (CCUPSJ5 #J2) THENCZ ALONG A TANGENT CUpvF CONCAVE SCT­zMLY, HAVINCO ARADILJS 'OF 1,100.00 Fa'l' THROUGH A CE.N71RAL ANGLE OF 1-0641'W, A C1z7ANCZ OF 397=FEET; (cct,(.qSZ 932)THENCE 7ANG-N-1 7 0 SAIL CUR Z9*66*044-W 12.16 FE®. -1-p A POINT I'S,4.4.6 FEET SAS TJ OF THE WE _LINE OF SE=ON I S, '71S, MW, SEEM, (c.-dLlRSE=4)T8ENCZ LEAVING SAM S OM W 7AS.35 FEE 7. (CC VR ec AJZJr THENCE WC."T 401C FZZ—g (cCURZE #Zf) THENCE S 010*ta-16' W 7.r.-jq SE,=,NARCINO AVENLIE., FEET TC THE CENTELINE OF S RAN (ccuRSE *37) THENCZ S EV-5.2.5-47- B 1,2671.137 FEET'i ALONG THE CENTERLINE OF SAN EEFNARCINO AVENUE -0 ITS JNTERSS�CTICN WITH THE NORTH AND SCLrrH CUAR71ER Ll�i.':F SECTION 21,'T11S, RM SUM; Q�i (ccuRSE 011 THENCE Z 0VIS"E:#07.71 ALONG L.�7 SAIC OLIARTEA LINE 70 IliE pc!N't OF BEGONNING. CCI`rANS 1104 ACRES MC RE CR LEES. AS S H CVV N ON EX X 16 T 7*B A77 C X E D HEA..E TO ANN MA C F.A PAR t HE E 0F. Lo 0 E,4NHCPN JFZ 7159 E=.12-31-03, EXHIBIll"L "Att EXHISIT "All DONLY7 HCLE DESCRIPTION Pace 3 of 5 0167171 130000 MET OS 1 09 COW =2 054 13 000 =112 0742 04,22-17 041 C5 0000 01232 LIE 1 10 COW 0222 C54 14 COW CL222 077Z 01232 12 4 1 08 C =2 C!1 *110000 m32 C54 is COW =02 OEC 0232 I'D 41 09 COCC 0232 051 12 031301 0232 C.54 17 0000 0232 041 10 COX 0232 051 13 COW 3232 O-Ic-r 01 COW 0292 C72 0 17-= 4 11 COX 02242 051 14 COX MEZ C55 02 0000 MSC-ly CE i C23 17 3"41 12 0000 0222 C51 15 com 02.C2 C55 Os CON17232 3 81 0232 041` 15 0000 2 CS 1 17 0000 a-c-2 CSE 04 COW msz LIS I c:_': 6 cctcc 01232 051 is Cox 04=! C!c 05 OCW M= Cal c 04--,1C T 144 U 1 17 00:0 02S2 051 20 0000om_ 06 0000 0222 081 C 0222 041 18 COCO 0232 OSI 21 Cox =-2..055 07 0000 0292081 C 0432 041 19 0000' 021=2 052 01 COW 0292 =15: OB Cox 0=2 081 c 02 c 104If 34 COCO 0232 c!z a."; Cox =3Z 055 09 0000 =02 081 1� 02:52 041 275 0000 0232 CM2 04 OCOO ME:C!51 10 COCO =CZ 031 1. 02S-17 f-142 01 0000 02:2 O52 06 0000 MS-1 071 C6 0000 =92 081 IN 0232 0412 C2 COCO 02:12 052 as COX 02292 071 10 COX M-02 081 it 02232 NZ 07 0000 0232 C-=.z 10 0000 02S2 071 15 0000 (1222 081 It 02*22 0142 Cs 0000 0222 05211 COW 0232 071 18 CC)00 0222 08124" 023-27 043 01 0000 0202 05212 COW C297 071210000 M-02'381 0292 0143 02 0000 om 05213 COLO 3252 071 22 COW 02-0208124 0252 043 03 OCOC 0232 052 15 COCO 0232 07123 0000 =02 Cal 25 022-21 043 04 OC CO 0292 052 1&0000 0222 07124 0000 =0 2 as 1 417 0292 343 05 0000 0292 053 03 0000 0227 07125 0000 02.92 08128 0 OZE-2 045 06 0000 0222 0-52 04 0000 0232 07126 0000 02920512-0 0232O43 07 0000 02242 053 08 0000 0222 07127 0000 0292 081 22 023-2 C4.3 08 CCOO 0222 053 12 0000 0222 071 ZZ 0000 022-21 C43 09 CCOO 0292 083 13 0000 0222 0712-9 0000 0123:04.3 10 0000 0202 054 C2 0000 0222 07120 0000 02=2 043 11 0000 0232 054 03 0000 0292 07133 0000 0232 C51 010000 020-2 054 04 0000 0202 07135 COW MSZ 051 020000 029Z C54 05 0000 0292,07126 0000 0222 c!It 03000 0232 054 06 0000 0232 07139 0000 0232 111. 1 040000 0232 054 07 0000 0292,07140 COX 0232 r- i 050000 CZ2 054 08 0000 0292 071410000 --i C4--,-c- rcz. 060000 0232 C54 09 OC OO 025-1 07143 0000 023" C 5 1 070000 0202 054 10?Ocoo 0222 07144 COW 023: c51 OE OCOO 0222 054 12 0000 0232 07145 0000 ASSESSOR'S PARCEL UME-.:ZS IN DO HOLE EXHIBIT "At' EXHISiT "A" DONUT HOLE DESC:P.IPTION Page 4 of 5 + . " 03 WAMTek ,/6i"lick . .1- a s Is ts, III till yR�{d{�in� ba is, 1q, Is ex Jf 1rr + �+ VIVA rna to cis, 1, 2 T WA 1.If a� til r , ti r IIK � P cr SQL 'w IJ cry som { *�! CgI11iLt 1ttti It P71 11 L"piitis +a►ey her m71 -- QIrIIfa€ rYr7TCkC rlhr - °, ,a Ilrr.�"xxx�xxt ---- t�trrelrt� dt3lMrTlll� t>r SAN r rs Ore% �gt AA17difJt► ., � �kIVU ff{I �� taw ...,:r ■r ..r,.., VE ry����lyr� car+ ` y w Y At,a+9 ►e is A � Avg ,c :mi; —f- i", ,* ~ + C rrs� • 9 -�- ARA CTMoll ma, mom • /" a — na rN.« mea+ EXHIBIT"B" TO CITY/COUNTY SALES AND USE TAX CO,,NITRACT ORDINANCE NO. 25 5 0 AN INTITLkTIVE ORDINANCE OF THE PEOPLE OF THE CITY OF REDL 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 WITH ,IN THE UNE\TCORPORATED AREA KNOWN AS THE "DONUT HOLE" AND FOR THE CITY'S PROVISION OF M_UNICIPAL SERVICES TOT "DONUT HOLE" AND APPROVING AN AMENDMENT TO THE CITY'S GENERAL PLAN RELATING TO DEVELOPMENT WITHIN THE CITYS PLANNING AREA AND SPHERE OF INFLUENCE WHEREAS, in 1998,the voters of California approved Proposition No. I I which amended Article X11L, 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, upona two-thirds vote of approval by the governing body of each jurisdiction that is a party to the contract' and WHEREAS, the State Legislature amended Government Code sections 55700 gt_ =. 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 jurisdictional 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 ofSan Bernardino that the benefit of receivine, 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 majority vote of the qualified voters of the City of Redlands; and WHEREAS, this City Council has submittedthis 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 WHEREAS, Section 1A.20 entitled "Principle Two" of the "Principles of Managed Development"element of the-Red lands eneral Ilan establishes the policy that"Development relopment within the planning area and sphere of influence of the City of Redlands shall conform to development standards within the City-" and Govt-IERE AS, Section 1A,20 contains two irriplernenting subsections gelating co development within the City's planning area and sphere of influence entitled "Development Agreements"and the "Extension nfPublic Utilities Outside the City Limits," and WHEREAS,-iven that the boundaries of the City's sphere of influence and its planning area are, as a matter of City policy, kept coterminous; and EDEAS, because Government Code section 65865tbspecifically provides that development agreements may only be entered into for unincorporated property when that unincorporated property is also within a city's sphere of influence; and WHEREAS, based upon the foregoing, the City has reasonably determined that both the literal reading of Section 1.A.20 and its practical application under lav leads to the conclusion that Section tA.20 and:its implementing subsections apply only to properties within beth the City's planning area and its sphere of influence, and; EDEAS, this City Council believes it is in the City's and its citizens' best interests to amend Section 1A.20 to make explicit (to the extent of any ambiguity) that Section 1A.10 d its implementing subsections,apply to development within both the City's planning area and its sphere ofinfluence, and not to other development outside of the C'ite's boundaries; and WHEREAS, the amendment to Section 1A.20 of Redlands General Plan set forth herein i not,in the City Council's opinion, a substantiae change but rather a clarification of existing law and that approval dithis Initiative Ordinance shall be ratification ofall prior City"actions taken consistent with the herein described interpretation of Section 1A.20 and its subsections which together are entitled "Principle Two" of the "Principles of Managed Development" element of the Redlands General Plan; THE PEOPLE OF THE CITY OF REDLANDS HEREBY til DA N AS FOLLOWS: Section 1. The people of the City of Redlands hereby consent to the extension beyond December 31, 2003, of the terra of the contract with the County of San Bernardino for the apportionment of sales and use tax revenue generated by businesses located within the unincorporated area-commonly known as the, Donut Hole and the provision ofmunicipal services in the Donut Hole, in the form attached.. hereto as Exhibit "A." Section. The provisions of this Initiative Ordinance, the contract which is attached t this Initiative Ordinance as Exhibit "A `" and all of the contract's provision may be -amended or repealed by the Redlands City Council. _ection 3. Section 1.x.20 entitled "Principle Two`" of the "Principles of Managed Section 3. Section IA.20 entitled "Principle Two" of the "Principles of Managed Development" element of the Redlands General Plan is hereby deleted in its entirety and readopted to read as follows: "IA-20 PRENCIPLE 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 pursuarit to California Government Code Sections 65864 et seq. after the effective date of the initiative ordinance adding this Section 1A.20 to the Redlands General Plan shall conform to the policies contained in this General Plan. (b) Extension of Public Utilities (Iii-iplementing Policy) - Flo 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 prior annexation if all of the following conditions are met: I. 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 Initiative Ordinance shall take effect ten days after that date. 3 STATE OF CALIFORNIA COUNTY OF SAN ISE RNAR)IN O ) SS CITY OF REDLANDS 1, Morrie Poyzer, City Clerk of the City of Redlands, hereby ccrti� the foregoing to be a true and correct copy of Ordinance No. 2550 approved by the people of the City of Redlands at the special municipal election held on November 4, 2003by the, following vote: Yes: 6,084. No: 2,827. WITNESS my hand and the seal of the City of Redlands this end day of December, 2003. Lorrieoyzer, Cit i. � jfy, - f Redlands.