HomeMy WebLinkAbout7454_CCv0001.pdf RESOLUTION NO. 7454
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING AN
AGREEMENT TO TRANSFER PROPERTY TAX REVENUES RESULTING FROM
LAFCO 3171A; RELATING TO THE DETACHMENT OF CERTAIN PARCELS OF
PROPERTY FROM WITHIN THE CITY OF REDLANDS INCORPORATED AREA AND
THE RETURN OF THOSE PARCELS TO THE COUNTY UNINCORPORATED AREA
KNOWN AS THE DONUT HOLE.
WHEREAS, the City of Redlands ("City") and the County of San Bernardino ("County")
entered into an agreement for the apportionment of sales and use tax revenue and the provision of
municipal services, Agreement No. 03-0856 ("Sales and Use Tax Agreement") on August 12, 2003;
and
WHEREAS, the Sales and Use Tax Agreement provided for the apportionment of sales and
use tax revenue generated by businesses in the unincorporated area of the County surrounded on all
sides by the City, commonly known as the Donut Hole; and
WHEREAS, the apportionment of sales and use tax revenue was made upon the basis that the
City was providing and would continue to provide municipal services in the form of fire protection,
water, wastewater and law enforcement services to property within the Donut Hole; and
WHEREAS, the City submitted an Initiative Ordinance to the qualified voters of the City at
the general municipal election scheduled for November 4, 2003, to request consent to the extension
of the tenors of the Sales and Use Tax Agreement beyond December 31, 2003, which consent was
granted by the voters; and
WHEREAS, the Sales and Use Tax Agreement, as approved by the voters through adoption
of the Initiative Ordinance, is 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 by the City; or (b) August 12, 2028, at
which time the contract shall terminate; and
WHEREAS, a developer ("Developer") initiated plans to develop five parcels of property it
owns in the City and Donut Hole area, consisting of two parcels within the City boundaries and three
parcels within the County unincorporated area, thereby making development plans challenging as a
result of dealing with two separate jurisdictions; and
WHEREAS, the Developer submitted a proposal for reorganization to the Local Agency
Formation Commission for San Bernardino County ("LAFCO") (pursuant to the Cortese-Knox-
Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000 et
seq.)) to detach the two parcels ("Parcels") from within the City and annex the Parcels to the County
Fire Protection District and its Valley Service Zone and County Service Area 70 and its Zone EV-1
in order to consolidate all five parcels under one jurisdiction; and
WHEREAS, LAFCO modified the proposal to include the territory of the southbound lanes
of Interstate 210 and approved the modified proposal for the reorganization as described above, in its
adoption of LAFCO 3171 A; and
1
BeclerkWesolutions\Res 7400-7499\Reso 7454.doc
WHEREAS, in order for LAFCO to issue its Certification of Completion with respect to
LAFCO 3171 A, the County and City must amend the Sales and Use Tax Agreement to include the
reorganized area for the apportiomnent of sales and use tax revenue and the provision of municipal
services within the unincorporated Donut Hole area and pursuant to resolutions adopted by the
Board of Supervisors and the City Council as described below, must approve an agreement to
transfer property taxes; and
WHEREAS, the City Council of the City adopted its Resolution No. 7320 on September 3,
2013, and the Board of Supervisors of the County adopted its Resolution No. 2013-193 on
September 10, 2013, and in addition, each entity executed a Letter of Intent stating that it would
modify the Agreement and approve an agreement for the transfer of property taxes in order to allow
the completion of LAFCO 3171 A; and
WHEREAS, the two parcels currently located within the City are: APN 0292-072-07 and
APN 0292.072-12 ("Property"); and
WHEREAS, the three parcels currently located within the County unincorporated Donut
Hole area are: APN 0292-072-04; APN 0292-072-10; and APN 0292-072-11 (a map of all five
parcels is attached hereto as Exhibit "A"); and
WHEREAS, by way of separate actions, the City and County are each approving
Amendment No. 1 to amend Exhibit "A", (the Donut Hole Description) to the Sales and Use Tax
Agreement to complete the LAFCO 3171A action detaching the Property identified above,
comprising approximately 34.22 +/- acres from the City of Redlands and annexing the Property to
the County unincorporated area; and
WHEREAS, the City and County each intend to approve this Property Tax Agreement
("Agreement") in order to transfer property taxes to allow for the completion of LAFCO 3171A.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual premises contained
herein, and for such other good and valuable consideration the receipt of which is hereby
acknowledged by the Parties, the City and the County agree as follows:
SECTION l.. RECITALS. The Recitals set forth above are true and correct and are incorporated
herein.
SECTION 2. PROVISION OF MUNICIPAL SERVICES. As a result of LAFCO 3171A
and the detachment of the Property from the City returning it to the County unincorporated area,the
County, the San Bernardino Fire Protection District and County Service Area 70, Zone EV-1, would
be responsible for providing municipal services that are currently the responsibility of the City. The
City committed to providing fire protection, law enforcement, retail water service and wastewater
collection and treatment services in Agreement No. 03-0856. The City, pursuant to Amendment No.
1 to Agreement No. 03-0856 (the Sales and Use Tax Agreement), will continue to provide those
municipal services to the Property upon completion of LAFCO 3171 A.
In addition, as described herein, in exchange for a percentage of the County General Fund
share of property tax revenue generated by the developable acres within the five parcels that
comprise the total property owned by the Developer which is the subject of LAFCO 3171A, the City
will provide road maintenance based upon the County's standard for the roads and streets
2
1Acc1erk\Reso1utions\Res 7400-7499\Reso 7454.doe
immediately adjacent to the following parcels that comprise the Property (APN 0292-072-07 and
APN 0292-072-12).
SECTION 3. REDISTRIBUTION OF PROPERTY TAX REVENUE PURSUANT TO
REVENUE AND TAXATION CODE SECTION 99. Pursuant to Revenue and Taxation Code
Section 99, the governing bodies of all local agencies whose service responsibilities will be altered
by change of organization (in this instance, LAFCO 3171A), shall negotiate and determine by
resolution, the amount of property tax revenues to be exchanged between or among such agencies.
On September 10, 2013, the Board adopted Resolution No. 2013-193, which authorized the
following property tax transfer:
City of Redlands Percent of TRA 21.878242%
TRA 5069 Total
ASSESSED VALUE $ 4,043,000 $ 4,043,000
TAX REVENUE $ 40,430 $ 40,430
CHANGE IN
BASE YEAR
TRANSER FROM 2012-13 Total
County Agencies
County General Fund $ - $ -
Flood Control Zone 3 $ - $ -
Flood Control Admin 3-6 $ - $ -
Total County $ - $ -
Other Affected Agencies
City of Redlands $ (8,844) $ (8,844)
Inland Empire JT Res Cons Dist $ - $ -
San Bernardino Valley Water Cons Dist $ - $ -
San Bernardino Valley Municipal Water $ - $ -
Total Other Affected Agencies $ (8,844) $ (8,844)
TOTAL TRANSFER FROM $ (8,844) $ (8,844)
TRANSFER TO
County of San Bernardino $ 2,025 $ 2,025
Library $ 607 $ 607
SB County Fire Protection District Valley $ 5,088 $ 5,088
Service Zone
SB County Fire Protection District $ 1,124 $ 1, 124
TOTAL TRANSFER TO $ 8,844 $ 8,844
The transfer of property tax includes $607 to be transferred to the County Library, which is
based on the 1.49% property tax revenue share the County Library receives in the unincorporated
area contiguous to the Property that was within the City boundaries.
3
[Acclerk\Resolutions\Res 7400-7499\Reso 7454.doe
The annual tax increment generated with respect to the Property shall be allocated in future
years pursuant to the provisions of Revenue and Taxation Code Section 98.
SECTION 4. ADDITIONAL PROPERTY TAX REDISTRIBUTION. While not required by
Revenue and Taxation Code Section 99, as part of the Board action taken on September 10, 2013,
consistent with the County's objective of business retention, to foster developer-local agency
relations, and to ensure development of a well-planned, balanced and sustainable cominunity, and in
exchange for the City agreeing to provide road maintenance as described in Section 2, the County
will pay to the City thirty-five percent (35%) (which represents the percentage of square footage of
the Property to the square footage of all five parcels which are the subject of LAFCO 3171A) of the
property tax revenues including future growth allocable to the County General Fund for the
following five parcels:
APN 0292-072-04
APN 0292-072-07
APN 0292-072-10
APN 0292-072-11
APN 0292-072-12
The sharing of the property tax revenues, including future growth for the five parcels
identified above is limited to the property tax revenues allocable to the County General Fund (ABO1
GA01) only and does not include any property tax revenues allocable to any other affected County
agencies or special districts. Furthermore, payment to the City will be made to the extent of actual
receipts of property tax revenue.
SECTION 5. INVOICES BY CITY. The City shall invoice the County Administrative Office no
less than annually for the estimated share of the property tax revenues for the most recent assessed
value of the parcels identified in Section 4. If the City invoices the County annually, the invoice
must be submitted no earlier than October 1 for the prior fiscal year property tax receipts. If the City
seeks to invoice the County more than once per year, City and County staff shall agree upon an
invoicing schedule. The County Administrative Office shall review the invoices and, if approved,
process payment within sixty (60) days. Failure by the City to invoice the County Administrative
Office for a period of five consecutive years will result in a waiver of payments owed to the City for
that period.
SECTION 6. CONDITION TO OBLIGATIONS AND TERMINATION. This Agreement is
conditioned upon the development of the five parcels identified in Section 4 above. As of the date of
this Agreement, development of the five parcels has been proposed by Treh Partners LLC. If the
proposed development is abandoned and all five parcels remain vacant after five years following the
Effective Date (as defined below) of the execution of this Agreement, this Agreement will
automatically terminate without further action of the parties. This automatic termination provision
would be invoked only if all five parcels remain vacant as described in the preceding sentence; if any
one parcel is developed, the automatic tennination would not be invoked and the terns of this
Agreement will remain in effect. Subject to the foregoing, the tern of this Agreement shall continue
in force and effect unless the Property is annexed to the City incorporated area or unless earlier
terminated by mutual consent of the parties.
4
1Acc1erk\Rcso1utions\Res 7400-74991Reso 7454-doe
For purposes of this Agreement, "Effective Date" shall mean the later of the dates of approval by the
City Council or the Board.
SECTION 7. DISPUTE RESOLUTION.
7.1 Negotiation. The parties shall attempt in good faith to resolve any dispute arising out of or
relating to this Agreement promptly by negotiation between the County Chief Executive
Officer ("CEO") and the City Manager. Any person may give the other party written notice
of any dispute not resolved in the normal course of business. Within fifteen (15) business
days after delivery of the notice, the receiving party shall submit to the other a written
response. The notice and response shall include: (a) a statement of that party's position and
a summary of arguments supporting that position and (b) the name of any other persons who
will accompany either the CEO or City Manager. Within thirty (30) days after delivery of
the initial notice, the parties shall "meet at a mutually acceptable time and place, and
thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All
reasonable requests for information made by one party to the other will be honored. All
negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
7.2 Mediation. If the dispute has not been resolved by negotiation as provided herein within
forty-five (45) days after delivery of the initial notice of negotiation, the parties shall attempt
to settle the dispute by mediation. Each party shall select a mediator and the two mediators
shall select a third mediator. The parties and the mediation panel shall set a mutually
acceptable time and place to attempt to mediate the dispute. Unless the parties agree
otherwise, there shall be only one mediation session. Upon conclusion of the mediation
session, the panel shall deliberate and shall render a decision in writing within ten (10) days
of the conclusion of the mediation and deliberation. The mediation shall be confidential and
shall be treated as compromise and settlement negotiations for purposes of applicable rules of
evidence. Both parties shall share equally in the costs of mediation.
7.3 Litigation. If the dispute has not been resolved by mediation, either party may file a lawsuit
in a court of appropriate jurisdiction.
SECTION 8. SEVERABILITY — RENEGOTIATION. If any term or other provision of this
Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or
public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full
force and effect so long as the economic or legal substance of the transactions contemplated hereby
is not affected in any manner materially adverse to any party. Upon such determination that any
teen or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall
negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as
closely as possible in an acceptable manner to the end that transactions contemplated hereby are
fulfilled to the extent possible.
SECTION 9. NOTICES.
9.1 Form of Notice. All notices, requests, claims, demands and other communications
between the parties shall be in writing.
5
1:\cc1crkUieso1utions\Res 7400-7499\Reso 7454.doc
9.2 Method of Notice. All notices shall be given (i) by delivery in person, (ii) by a
nationally recognized next day courier services, (iii) by first, class, registered or certified
snail, postage prepaid, (iv) by facsimile, or (v) by electronic snail to the address of the party
specified in this Agreement or such other address as either party may specify in writing.
9.3 Receipt of Notice. All notices shall be effective upon (i) receipt by the party to which
notice is given, or(ii) on the fifth(5`h) day following mailing, whichever occurs first.
9.4 Addresses. Notice shall be given to the following:
If to the County: If to the City:
Gregory C. Devereaux
County Chief Executive Officer
County Administrative Office City Manager
County of San Bernardino City of Redlands
385 North Arrowhead Avenue, 5"' Floor 35 Cajon Street, Suite 200
San Bernardino, CA 92415-0120 P. O. Box 3005
Redlands, CA 92373
SECTION 10. GOVERNING LAW. This Agreement shall be governed, construed, and enforced
in accordance with the laws of the State of California, without regard to its conflict of laws rules.
SECTION 11. WAIVER. A party's failure to exercise or delay in exercising any right, power, or
privilege under this Agreement shall not operate as a waiver; not shall any single or partial exercise
of any right, power or privilege preclude any other or further exercise thereof.
SECTION 12. INTERPRETATION. Each party has had adequate opportunity to review this
Agreement and consult an attorney. Any interpretation of this Agreement shall be made without
regard to authorship or negotiation.
SECTION 13. INTEGRATION. This Agreement and the exhibits attached hereto contain the
entire agreement of the parties with respect to the subject matter of this Agreement, and supersede
all prior negotiations, agreements and understandings with respect thereto. This Agreement may
only be amended by a written document duly executed by all parties.
SECTION 14. NON-DISCRMINATION. During the term of this Agreement, neither party shall
unlawfully discriminate, harass, or allow harassment against any employee or applicant for
employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin,
physical disability, mental disability, medical condition, age, and marital status.
6
Mcclerk\Resolutions\Res 7400-74991Reso 7454.doe
ADOPTED, SIGNED AND APPROVED this 16`h day of September, 2014.
Pete Aguilar, Mayor
ATTEST:
Sa rwW]4 Clerk
7
lAcclerk\Resolutionsacs 7400-74WReso 7454.doc
I, Sain Irwin, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was
duly adopted by the City Council at a regular meeting thereof held on the I6'h day of September,
2014 by the following vote:
AYES: Councilmembers Harrison, Foster, Gardner, Gilbreath; Mayor Aguilar
NOES: None
ABSENT: None
ABSTAIN: None
Sam Irwin, City Clerk
8
1Acc1erk\Reso1utions\Res 7400-7499\Reso 7454,doc
EXHIBIT "A"
1. APN 0292-072-04 3. APN 0292-072-10 5. APN 0292-072-12
2. APN 0292-072-07 4. APN 0292-072-11
' 2t;10715� Ef�R
Lj.j029207+L22 �1292 4 G i.+..
' 292 7212
I �
1�2 92 72 4 -
02 9205125
17 �i T
292 72 1 D292 7211 -
T �I:�,�'fli. 1���' 292 72 2 `
FA,13.1
Lis
10,2920511�h
�'i • � 292 . 2�7 '-'
2925 p5
tt
- EVISD 2920 iG 29 01$
,
_
Recorded in Official Records.Canary of San Bernardino 913012014
RECORDING REQUESTED BY: 1:58 PM
Rebecca Lowery, Clerk to the Commission/Office Manager 'r' DENNIS QRAEGER SS
(.•. �yGOVNTy
LOCAL AGENCY FORMATION COMMISSION SM1NDBNHARDINO ASSESSOR — RECORDER — CLERK SAN
WHEN RECORDED, PLEASE MAIL TO: ' P Counter
LAFCO DOC#: 2014—0363573 Titles: 1 Pages: 9
215 North D Street,Suite 204 Fees 0.00
San Bernardino CA 92415-0490 Taxes 0.00
Inter-Office Mail Code 0490 Other 0.00
PAID 60.00
Exempt from Fee Pursuant to Government Code Section 6103 This Space for Recorder's Use Only
CERTIFICATE OF COMPLETION
LAFCO 3171A- Reorganization to Include Detachment from the City of Redlands and Annexations
to San Bernardino County Fire Protection District and its Valley Service Zone and County Service
Area 70 and its Zone EV-1
Title of Document
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
LOCAL AGENCY FORMATION COMMISSION
FOR SAN BER ARDINO COUNTY
215 North D Street, Suite 204, San Bernardino, CA 92415-0490
(909) 383-9900 ® Fax(909) 383-9901
E-MAIL: lafco@lafco.sbcounty.gov
www.sbclafco.org
CERTIFICATE OF COMPLETION
I, Rebecca Lowery, Clerk to the Local Agency Formation Commission for the County of San
Bernardino, hereby certify that the Local Agency Formation Commission has completed a
change of organization.
The Short Title Of The Action Is: LAFCO 3171A - Reorganization to Include Detachment
from the City of Redlands and Annexations to San Bernardino County Fire Protection
District and its Valley Service Zone and County Service Area 70 and its Zone EVA
The name of each city and/or district involved in this change of organization or reorganization
and the kind or type of change of organization ordered for each city and/or district are as
follows:
City or District Type of Change of Organization
City of Redlands Detachment from
San Bernardino County FPD and its Annexation to
Valley Service Zone
County Service Area 70 and its Zone EV-1 Annexation to
The above-listed cities and/or districts are located within the following county: County of San
Bernardino.
As permitted by Government Code Section 56375.3(a)(1), the protest proceedings for this
action have been waived. LAFCO's Resolution No. 3185, attached as LAFCO Exhibit"A",
ordering the change of organization was adopted on July 16, 2014. The terms and conditions of
the change of organization are set forth in this resolution. The map and legal description of the
actions are set forth in Exhibits "A" and "A-1"to Resolution No. 3185.
Pursuant to Government Code Section 56886.1, public utilities, as defined in Section 216 of the
Public Utilities Code, have ninety (90) days following the recording of this Certificate of Completion to
make the necessary changes to impacted utility customer accounts.
The area is legally uninhabited.
` KATHLEEN ROLLINGS-McDONALD
Executive Officer
Rebecca Lowery `J
Clerk to the Commission
Dated: September 30, 2014
THE EFFECTIVE DATE OF THIS ACTION IS September 30, 2014
LOCAL AGENCY FORMATION COMMISSION
FOR SAN BERNARDINO COUNTY
215 North D Street, Suite 204, San Bernardino, CA 92415-0490
(909)383-9900 e Fax (909) 383-9901
E-MAIL: lafco@lafco.sbcounty.gov
www.sbclafco.org
PROPOSAL NO.: LAFCO 3171A
HEARING DATE: July 16, 2014
RESOLUTION NO. 3185
A RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF
SAN BERNARDINO MAKING DETERMINATIONS ON LAFCO 3171A AND APPROVING THE
REORGANIZATION TO INCLUDE DETACHMENT FROM THE CITY OF REDLANDS AND
ANNEXATIONS TO SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT AND ITS
VALLEY SERVICE ZONE AND COUNTY SERVICE AREA 70,AND ITS ZONE EV-1. The
reorganization area encompasses approximately 35 acres, generally bordered by the
centerline of Pioneer Avenue (existing City boundaries) on the north, the apparent
centerline of the Interstate 210 Freeway on the east,the centerline of San Bernardino
Avenue (existing City boundaries) on the south, and parcel lines (existing City boundaries)
on the west.
On motion of Commissioner McCallon, duly seconded by Commissioner Williams,
and carried, the Local.Agency Formation Commission adopts the following resolution:
WHEREAS, an application for the proposed reorganization in the County of San
Bernardino was filed with the Executive Officer of this Local Agency Formation Commission
(hereinafter referred to as "the Commission") in accordance with the Cortese-Knox-Hertzberg
Local Government Reorganization Act of 2000 (Government Code Sections 56000 et sect.), and
the Executive Officer has examined the application and executed her certificate in accordance with
law, determining and certifying that the filings are sufficient; and,
WHEREAS, at the times and in the form and manner provided by law, the Executive Officer
has given notice of the public hearing by the Commission on this matter; and,
WHEREAS, the Executive Officer has reviewed available information and prepared a
report including her recommendations thereon, the filings and report and related information
having been presented to and considered by this Commission; and,
WHEREAS, the public hearing by this Commission was called for July 16, 2014 at the time
and place specified in the notice of public hearing; and,
WHEREAS, at the hearing, this Commission heard and received all oral and written
support and/or opposition; the Commission considered all plans and proposed changes of
organization, and all evidence which were made, presented, or filed; it received evidence as to
whether the territory is inhabited or uninhabited, improved or unimproved; and all persons present
were given an opportunity to hear and be heard in respect to any matter relating to the application,
in evidence presented at the hearing;
LAFCO EXINIBITA
1
RESOLUTION NO. 3185
NOW, THEREFORE, BE IT RESOLVED, that the Local Agency Formation Commission for
San Bernardino County, State of California, that the Commission does hereby determine, find,
resolve, and order as follows:
DETERMINATIONS:
SECTION 1. The proposal is approved subject to the terms and conditions hereinafter specified:
CONDITIONS:
Condition No. 1. The boundaries are approved as set forth in Exhibits "A"and "A-1"
attached.
Condition No. 2. The following distinctive short-form designation shall be used throughout
this proceeding: LAFCO 3178.
Condition No. 3. All previously authorized charges, fees, assessments, and/or taxes
currently in effect by the County shall be assumed by the detaching territory in the same manner
as provided in the original authorization pursuant to Government Code Section 56886(t).
Condition No. 4. The applicant, TREH Partners, LLC, shall indemnify, defend, and hold
harmless the Local Agency Formation Commission for San Bernardino County from any legal
expense, legal action, or judgment arising out of the Commission's approval of this proposal,
including any reimbursement of legal fees and costs incurred by the Commission.
Condition No. 5. Prior to issuance of the Certificate of Completion, the County of San
Bernardino and City of Redlands shall approve the amendment to Agreement No. 03-0856 to
include the reorganization area as part of the apportionment of Sales and Use Tax revenue and
the provision of municipal services within the unincorporated "Donut Hole" area. This amendment
was authorized by the signing of Resolution No. 2013-193 for the County and Resolution No. 7320
by the City of Redlands. This condition shall be completed within six months of the Commission's
approval of LAFCO 3171A as authorized pursuant to Government Code Section 56885.5(b).
Condition No. 6. Prior to issuance of the Certificate of Completion, the County of San
Bernardino and City of Redlands shall execute an agreement that outlines the sharing of County
General Fund property tax revenues including future growth related to the five parcels within the
project area as well as the continuing obligation for road maintenance for road widths detaching
from the City. This obligation was agreed to by the signing of Resolution No. 2013-193 for the
County and Resolution No. 7320 by the City of Redlands and the signing of the letters of intent by
the City and County. This condition shall be completed within six months of the Commission's
approval of LAFCO 3171A as authorized pursuant to Government Code Section 56885.5(b).
Condition No. 7. The date of issuance of the Certificate of Completion shall be the
effective date of this reorganization.
SECTION 2. The Commission determines that:
a) this proposal is certified to be legally uninhabited;
b) it has 100 % landowner consent; and,
C) no written opposition to a waiver of protest proceedings has been submitted by any
subject agency.
Therefore, the Commission does hereby waive the protest proceedings for this action as
permitted by Government Code Section 56662(d).
2 LAF60 EXHIBITM
RESOLUTION NO. 3185
SECTION 3. DETERMINATIONS. The following determinations are noted in conformance with
Commission policy:
1. The reorganization area is legally uninhabited as certified by the County Registrar of Voters
office as of March 4, 2014.
2. The County Assessor has determined that the value of land within the reorganization area
is $4,043,000.
3. In compliance with the requirements of Government Code Section 56157 and Commission
policy, individual notice was mailed to surrounding landowners and registered voters within
approximately 1,350 feet of the exterior boundaries of the reorganization area (totaling 31
notices). Comments from landowners, registered voters and any affected local agency
have been reviewed and considered by the Commission in making its determination. No
expression of support or opposition to this reorganization has been received by the
Commission.
4. Notice of this hearing has been advertised as required by law through publication in The
Sun, a newspaper of general circulation within the area. As required by State law,
individual notification was provided to affected and interested agencies, County
departments, and those agencies and individuals requesting mailed notice. Comments
from any affected local agency have been reviewed by the Commission.
5. The reorganization area was included in the County's approval of a General Plan
Amendment, a Conditional Use Permit and Tentative Parcel Map 19500 that assigned a
land use designation of EV/SD (East Valley/Special Development)for APN 0292-072-07
and 0292-072-12, the two parcels being detached from the City of Redlands.
The Southern California Associated Governments (SCAG) adopted its 2012-2035 Regional
Transportation Plan and Sustainable Communities Strategy pursuant to Government Code
Section 65080. LAFCO 3171A has no direct impact on SCAG`s Regional Transportation
Pian.
6. The Local Agency Formation Commission has determined that this proposal is statutorily
exempt from environmental review.
The County, as a function of its review for the General Plan Amendment and assignment of
a land use designation of East Valley/Special Development for Parcels 0292-072-07 and
0292-072-12, the Conditional Use Permit for the construction of a 777,620 square foot
industrial building with 30,000 square feet of office area to be used as a high cube
warehouse distribution facility, and Tentative Parcel Map 19500 for a one lot subdivision on
34.22 acres, prepared an environmental assessment and adopted a Mitigated Negative
Declaration which indicates that approval of the proposed reorganization will not have a
significant adverse impact on the environment. The County's Initial Study and Mitigated
Negative Declaration has been reviewed by the Commission, its staff, and its
Environmental Consultant,who have found it to be adequate for the Commission's use as
CEQA responsible agency.
The Commission certifies that it has reviewed and considered the County's Mitigated
Negative Declaration and the environmental effects as outlined in the Initial Study prior to
reaching a decision on the project and finds the information substantiating the Mitigated
Negative Declaration is adequate for its use in making a decision as a CEQA responsible
agency. The Commission further finds that it does not intend to adopt alternatives or
additional mitigation measures for this project; that the mitigation measures identified in the
County's environmental documents are the responsibility of the County and/or others.
3 ;
RESOLUTION NO. 3185
The Commission, as a responsible agency, notes that this proposal is exempt from
Department of Fish and Wildlife fees because the filing fees were the responsibility of the
County, as the CEQA lead agency. The Commission directs its Executive Officer to file a
Notice of Determination within five (5) days with the San Bernardino County Clerk of the
Board of Supervisors.
7. The local agencies currently serving the area are: City of Redlands, Inland Empire
Resource Conservation District, San Bernardino Valley Municipal Water District (the State
Water Contractor), San Bernardino Valley Water Conservation District).
The area will be detached from the City of Redlands and annexed into the San Bernardino
County Fire Protection District and its Valley Service Zone and County Service Area 70 and
its Zone EV-1 as a function of the reorganization. None of the other agencies are affected
by this proposal as they are regional in nature.
8. The County has submitted a plan for the provision of services as required by Government
Code Section 56653, which indicates that the County can, at a minimum, maintain the
existing level of service delivery and can improve the level and range of selected services
currently available in the area. The Plan for Service has been reviewed and compared with
the standards established by the Commission and the factors contained within Government
Code Section 56668. The Commission finds that such Plan conforms to those adopted
standards and requirements.
9. The reorganization proposal would be for the benefit and interest of the property owner of
the parcels being detached from the City as required by Government Code Section
56668.3(2). The entitlement of its proposed development project is subject to the
Commission's approval of LAFCO 3171A. In addition, current and future landowners
and/or residents within the City could also benefit from the reorganization proposal through
economic growth and potential job creation anticipated upon completion of the proposed
development project.
10. This proposal will not assist the County's ability to achieve its fair share of the regional
housing needs since the reorganization area is zoned for industrial use and the proposed
development is for a warehouse distribution facility.
11. With respect to environmental justice, the reorganization will not result in unfair treatment of
any person based on race, culture or income.
12. The County and the City of Redlands have negotiated the transfer of ad valorem taxes as
required by State law. Copies of the resolutions adopted by the San Bernardino County
Board of Supervisors and the City Council of the City of Redlands are on file in the LAFCO
office outlining the exchange of revenues.
13. The map and legal description, as revised, are in substantial conformance with LAFCO and
State standards as determined by the County Surveyor's Office.
SECTION 4. The primary reason for this reorganization is to facilitate the development of a high
cube warehouse distribution facility that has been processed through the County. Since a portion
of the proposed project area is within the City's jurisdiction, the detachment of the parcels within
the City of Redlands needs to occur before the applicant can finalize County entitlements for the
proposed project.
SECTION 5. The affected territory shall not be taxed for existing bonded indebtedness or
contractual obligations of the County through the reorganization. The regular County assessment
rolls are utilized by the County.
4 U
RESOLUTION NO. 3185
SECTION 6. Approval by the Local Agency Formation Commission indicates that completion of
this proposal would accomplish the proposed change of organization in a reasonable manner with
a maximum chance of success and a minimum disruption of service to the functions of other local
agencies in the area.
SECTION 7. The Commission hereby orders the territory described in Exhibits "A"and "A-1"
reorganized. The Commission hereby directs, that following completion of the reconsideration
period specified by Government Code Section 56895(b) and compliance with the conditions of
approval, the Executive Officer shall prepare and file a Certificate of Completion, as required by
Government Code Section 57176 through 57203, and a Statement of Boundary Change, as
required by Government Code Section 57204.
SECTION 8. The Executive Officer is hereby authorized and directed to mail certified copies of
this resolution in the manner provided by Section 56882 of the Government Code.
THIS ACTION APPROVED AND ADOPTED by the Local Agency Formation Commission for
San Bernardino County by the following vote:
AYES: COMMISSIONERS: Bagley, Curatalo, Farrell, McCallon, Williams
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Cox (Mr. Farrell voting in her stead), Lovingood,
Ramos
STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN BERNARDINO }
1, KATHLEEN ROLLINGS-MCDONALD, Executive Officer of the Local Agency
Formation Commission for San Bernardino County, California, do hereby certify this record
to be a full, true, and correct copy of the action taken by said Commission by vote of the
members present as the same appears in the Official Minutes of said Commission at its
regular meeting of July 16, 2014.
DATED: July 16, 2014
KATHLEEN R LINGS-MCDONALD
Executive Officer
LAF[";'0
EXHIBIT A;,
LAFCO 3171 A
REORGANIZATION TO INCLUDE DETACHMENT FROM THE CITY OF REDLANDS AND
ANNEXATION TO THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT AND
ITS VALLEY SERVICE ZONE, AND COUNTY SERVICE AREA 70 AND ITS ZONE EV-1
ALL THAT LAND SITUATED IN THE CITY OF REDLANDS, COUNTY Or SAN BERNARDINO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 1 SOUTH, RANGE 3 WEST,
SAN BERNARDINO BASE A11D MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
1. BEGINNING AT A POINT 1419.00 FEET EASTERLY OF THE SOUTHWEST CORNER OF SECTION 16,
TO%?VNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, SAID POINT BEING
IN THE CENTERLINE OF SAN BERNARDINO AVENUE, SAID CEI!T ERLINE BEARING NORTH 89'58'16"
EAST;
2. THENCE I;ORTH 01'18'15" EAST 750.55 FEET;
3. THENCE NORTH 89'58'16" EAST 475.38 FEET;
4. THENCE NORTH 00'00'44" WEST 736.17 FEET TO ITS INTERSECTION WITH THE CENTEP.LIIwE OF
PIONEER AVENUE;
5. THENCE SOUTH 89'56'07" EAST 751.00 FEET ALONG LAST SAID LINE TO ITS INTERSECTION WITH
THE CENTERLINE OF INTERSTATE 210;
6. THENCE SOUTH 00'39'38" EAST 1;85.38 FEET ALONG LAST SAID LINE TO ITS INTERSECTION
WITH THE CENTERLINE OF SAN BERNARDINO AVENUE;
7. THENCE SOUTH 89'58'16" WEST 1259.74 FEET ALONG LAST SAID LINE TO THE POINT OF
BEGINNING.
CONTAINING 34.22 ACRES, MORE OR LESS.
A. ti. tFf
MICHAEL A. MEDOFER ;� DATE mac, �P 'FDS p
L.S. 71-385 Er P. 12/311/13
No. 7385r
Exp, 12/31/13
FOF-CAUFO�
REVISION NO. 2, 9/18/2013
EXHIBIT AW1
LAFC4 317.1A
REORGANIZATION TO INCLUDE DETACHMENT FROM THE CITY OF REDLANDS AND
ANNEXATION TO THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT AND ITS
VALLEY SERVICE ZONE, AND COUNTY SERVICE AREA 70 AND ITS ZONE EV-1
SECTION 15,TOWNSHIP 1 SOUTH,RANGE 3 WEST S.D.M.
S.R. CO. r/Rf P?Or, 015r,
PIONEER AVENUE _
@
— - - — — —— — - - J I + LecEr4a
'-0 11+IM.OC cfmM t SIIVA!1 ,
l I J -07,11,
n292-072-12 J J IOTcmesar all rnutus+ro xQ.cwnrr
FIRE PWiw
L AFCO 240 -PAE_li 963 i 3-
rrw^osAl,Qumulnrtr
A.P,N. A.P,W- QQ o f AFFECTED AGENCIES
0292-072-11 0292-D72-04 J I1
N im of Rimmos
MQ,couRvr nnL mattcm;Dlsmicr
E�lli J
VI 0 A
5,13. GO, r/rc^war. DIST.
`
Q I O J A.P.N. !/ ra DAYAWILE
inulsrms:e Ic
07.97.-077-07 �' .V rel_lo'l1'C 790 ts'
A.P.N. J V riso n lr,•E rs.39 P(IOPOSAI, r
OZEs:L-U72-t0 LAFCO 7.46"Q I ANt�ti.X-03ij ntiu'iro'ns•R r"s.i9r' torus 1 J r
f / I � (J sQu•Q9'oJ•t 7D7.0'J• x r,:.,.
SR LYPJFJt CJ'stc. 10, 4 ,9i'sy'14'R IZu9.79' Y'JI�ruou+rxrn nsErru[
T1"
J
.- —f1nB•Q9'IQ-E
SAN BERNARDINO P, ,f3.r� NUE EasnlccliANO s.s.- r
ReJInI,Fill,,PRDI.IRs L
5.v. Gu, rlrc mor. visi-. FKMA:unP+Ei iP
J ;
VICINITY MAP
AREA OF PROPOSAL 34,22 ACRES Iro srJyc
cv1n AMUDthN LAND SI'RVICBS. INC
5 �S.l A Ht Rt}. AIr.CQ F•+r:C PARR cm2 Q/((7h1
�1�3 m ftwA",92"'
A a,M.7 P!SLIfO.IJ)-C'9SL67d07Jf
O,R.fs i%Jt p'.y.1 011 TV n oz+7Nraz m:
soi A las 100 � -� uAli�'o;irSj.�re sr,xry
— — ,n � �G str.
UT4 At 1. 'et_ 09l7A[.�IJ
seat r,Fitt rJr auu°', l�vu n 7ieee "vAft st'.TnAn: sl:
I i.S 7JDb UR f)i71/3 ,vb IT-0:41 A27 'RIs C.,fl$G°Y,:S A:[c
EXHIBIT A-1