Loading...
HomeMy WebLinkAbout8500RESOLUTION NO. 8500 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING PRE -ANNEXATION AGREEMENT NO. 23-08, RELATED TO OUTSIDE CITY UTILITY CONNECTIONS FOR WATER SERVICE AND SEWER SERVICE FOR A VACANT LOT LOCATED AT 1188 TURQUOISE AVENUE, 1166 TURQUOISE AVENUE, 1150 TURQUOISE AVENUE, 1142 TURQUOISE AVENUE, 1142 TURQUOISE AVENUE, 1134 TURQUOISE AVENUE, 1120 TURQUOISE AVENUE, and 1108 TURQUOISE AVENUE IN THE UNINCORPORATED COMMUNITY OF MENTONE IDENTIFIED AS COUNTY OF SAN BERNARDINO ASSESSOR'S PARCEL NUMBERS 0298-103-14, -15, -16, -17, -18, -19, and -20. WHEREAS, Hankito Enterprises filed an application for Outside City Case No. 23-08 and Pre -Annexation No. 23-08 with the City for outside City utility connections for seven vacant parcels located at 1188 Turquoise Avenue, 1166 Turquoise Avenue, 1150 Turquoise Avenue, 1142 Turquoise Avenue, 1142 Turquoise Avenue, 1134 Turquoise Avenue, 1120 Turquoise Avenue, and 1108 Turquoise Avenue in the unincorporated community of Mentone identified as County of San Bernardino Assessor's Parcel Numbers 0298-103-14, -15, -16, -17, -18, -19, and - 20; and WHEREAS, on July 18, 2023, the City Council found that Outside City Case No. 23-08 was consistent with the City's General Plan and determined the public health, safety, welfare of the residents of Redlands would be served by the City's continued processing of the Outside City Case application, determined that the City of Redlands was acting as a Responsible Agency under the California Environmental Quality Act, and directed staff to prepare a Pre -Annexation Agreement; and WHEREAS, the subject property's land use designation in the 2035 General Plan is Low Density Residential and the proposed project is consistent with the 2035 General Plan land use designation; WHEREAS, the proposal is not subject to environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301(a) for existing facilities and Section 15319 pertaining to annexations of existing facilities and lots for exempt facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: SECTION 1. The City Council of the City of Redlands hereby determines that the proposed Pre -Annexation Agreement is not subject to environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities) and Section 15319 (Annexations of Existing Facilities and Lots for Exempt Facilities). 1 I:\Resohrtions\Res 8500-8599\8500_OSC 23-08.doc - jm SECTION 2. The City Council hereby approves Pre -Annexation No. 23-08 (Exhibit A) for the provision of water service and sewer service to enable development of a vacant lot located at 1188 Turquoise Avenue, 1166 Turquoise Avenue, 1150 Turquoise Avenue, 1142 Turquoise Avenue, 1142 Turquoise Avenue, 1134 Turquoise Avenue, 1120 Turquoise Avenue, and 1108 Turquoise Avenue in the unincorporated community of Mentone identified as County of San Bernardino Assessor's Parcel Numbers 0298-103-14, -15, -16, -17, -18, -19, and -20. ADOPTED, SIGNED AND APPROVED this 25th day of July 2023. ATTEST: e Donaldson, City Clerk 2 Eddie Tejeda, Mayor I:\Resolutions\Res 8500-8599\8500_OSC 23-08.doc - jm I, Jeanne Donaldson, 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 25th day of July 2023, by the following vote: AYES: Councilmembers Barich, Davis, Guzman -Lowery, Saucedo; Mayor Tejeda NOES: None ABSENT: None ABSTAINED: None 3 Donaldson, City Clerk I:\Resolutions\Res 8500-8599\8500 OSC 23-08.doc - jm EXHIBIT A Pre -Annexation Agreement 4 I:\Resolutions\Res 8500-8599\8500_OSC 23-08.doc - jm RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERK'S OFFICE CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 THIS SPACE FOR RECORDER'S USE ONLY EXEMPT FROM FEES PER GOVERNMENT CODE SECTION 27388.1 AGREEMENT FOR ANNEXATION AND PROVISION FOR CITY UTILITY SERVICES This Agreement for Annexation and Provision of City Utility Services ("Agreement") is made and entered into this 18th day of July, 2023 by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California ("City") and Hankito Enterprises, Inc., ("Property Owner"). City and Property Owner are sometimes individually referred to herein as a "Party" and, together, as the "Parties." RECITALS WHEREAS, to provide for orderly planning, City (1) has the authority pursuant to Government Code sections 65300 and 65301 to include within its General Plan property outside its boundaries which is in City's sphere of influence or, which in City's judgment, bears a relation to its strategic planning, and (2) also has the authority pursuant to Government Code section 65859 to pre -zone property within its sphere of influence for the purpose of determining the zoning designation that will apply to such property in the event of a subsequent annexation of the property to City; and WHEREAS, California case law, including but not limited to, Dateline Builders, Inc. v. City of Santa Rosa (1983)146 Cal. App. 3d, 520 and County ofDel Norte v. City of Crescent City (1999) which state in relevant part that it is not against the law or public policy for a city or county to use utilities as a tool to manage growth, provides that a city has no obligation, and may use its sole discretion, to extend utility services outside its corporate boundaries; and WHEREAS, Property Owner owns seven vacant parcels of land generally located at northeast corner of Nice Avenue and Turquoise Avenue, Mentone, CA 92359 and identified as county of San Bernardino Assessor's Parcel Numbers 0298-103-14-0000, 0298-103-15-0000, 0298-103-16-0000, 0298-103-17-0000, 0298-103-18-0000, 0298-103-19-0000, and 0298-103-20- 0000 ("Properties") in the unincorporated area of the county of San Bernardino within the City's sphere of influence, as described in Exhibit "A" titled "Site Plan" and Exhibit "B" titled "Grant 1 Deed" has made a request and application to City to receive water and sewer services for properties located in the unincorporated area of the county of San Bernardino, and has provided evidence satisfactory to City that Property Owner is the fee owner of the Property; and WHEREAS, Government Code section 56133 authorizes the City to provide new or extended utility services by contract outside its jurisdictional boundaries if it first receives written approval from the Local Agency Formation Commission for San Bernardino County ("LAFCO"), and provides that LAFCO may authorize City to provide such services within City's sphere of influence in anticipation of a later change of organization; and WHEREAS, City's General Plan and Chapter 13.60 of the Redlands Municipal Code establish policies and procedures for the approval of City utility services to properties located within the City's sphere of influence and require, among other things, the owner of the properties to be served to enter into an agreement, and record the same in the official records of the county of San Bernardino, requiring the property owner to annex the properties to City upon certain conditions; and WHEREAS, City has prepared a General Plan for the unincorporated area in which the Properties are located to provide for the orderly planning of such area, and has determined that the proposed development of the Properties is consistent with the goals and policies of City's General Plan; and WHEREAS, it is the policy and goal of City to discourage and not facilitate development in City's sphere of influence which is unwilling and/or fails to comply with City's General Plan and City's development standards by refusing to extend utility services in such instances; and WHEREAS, pursuant to the requirements of Chapter 13.60 of the Redlands Municipal Code and in consideration for City's agreement to extend utility services outside its jurisdictional boundaries to the Properties, Property Owner has entered into this Agreement to provide assurances to City that connection to City's domestic water and sewer systems will occur in accordance with the Redlands General Plan and the development standards of the Redlands Municipal Code, and that the Properties shall be annexed to City in accordance with this Agreement's terms, provisions and conditions; NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the City of Redlands and Property Owner agree as follows: AGREEMENT 1. Recitals. The foregoing recitals are true and correct. 2. Provision of Utility Services. City agrees to provide domestic water and sewer services to the Properties consistent with the terms and conditions of this Agreement, provided that the connection complies with all rules and regulations of City governing the extension and provision of utility services to properties located outside City's boundaries at the time a request by Property Owner for application for water and sewer connection is approved by City's Municipal Utilities and Engineering Department. Nothing herein represents a commitment by City to provide such service 2 unless and until Property Owner complies with all such rules and regulations. As a condition of approval of an application for water and sewer connection, and prior to receiving any service, Property Owner agrees to pay the full cost of such service as established by City for the extension of utility services to the Properties. 3. Agreement to Develop by City Standards. In consideration of City's agreement to provide City water and sewer services to the Properties, Property Owner shall develop the Properties in accordance with the Redlands General Plan and any applicable development standards of the Redlands Municipal Code. 4. Agreement to Annex. In consideration of City's agreement to provide City water and sewer services to the Properties, Property Owner hereby irrevocably consents to annexation of the Properties to City and agrees it shall take any and all reasonable and necessary actions, and fully and in good faith cooperate with City, to cause the annexation of the Properties to City. Property Owner and City agree that in the event City initiates an annexation of the Properties, City shall be responsible for the costs of such annexation. In all other instances where the annexation of the Properties is proposed to City, Property Owner shall be responsible for such costs. 5. Payment of Fees. As a condition of receiving domestic water service from City, Property Owner shall pay to City all then -established applicable development impact fees, water acquisition fees, and user fees specifically for such domestic water service. 6. Taxes and Assessments. Property Owner hereby consents to the imposition of, and agrees that Property Owner shall pay, all taxes and assessments imposed and/or levied by City which may be applicable to the Properties at the time the Properties are annexed to City. 7. Recordation. By entering into this Agreement, Property Owner and City acknowledge and agree that, among other things, it is the express intention of the Parties that any and all successors in interest, assigns, heirs and executors of Properties Owner shall have actual and constructive notice of Property Owner's obligations under, and the benefits and burdens of, this Agreement. Therefore, this Agreement and any amendments hereof, shall be recorded in the official records of the county of San Bernardino. Property Owner further agrees that City shall, at the sole cost of Property Owner, have the right to cause the recordation of this Agreement. 8. Breach/Failure to Annex In the event Property Owner fails to comply with its obligations under this Agreement or takes any action to protest, challenge, contravene or otherwise breach any of its obligations or representations under this Agreement, City shall have the right to, without any liability whatsoever, cease the provision of City utility services to the Properties. This right shall be in addition to any other legal or equitable relief available to City. 9. Not a Partnership. The Parties specifically acknowledge that Property Owner's development of the Properties is a private project, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint -venture or other association of any kind is formed by this Agreement. The only relationship between City and Property Owner is that of a governmental entity regulating the development of private property and the owner of such property. 3 10. Indemnity and Cost of Litigation. A. Property Owner agrees to and shall hold City, and its elected and appointed officials, officers, agents, and employees free and harmless from any and all liability for damage or claims for damage for personal injury, including death, and claims for property damage which may arise from the operations, errors, or omissions of Property Owner or those of its contractors, subcontractors, agents, employees or any other persons acting on Property Owner's behalf which relate to development of the Properties. Property Owner agrees to and shall defend, indemnify and hold harmless City, its elected officials, officers, agents, employees and representatives from all actions for damages caused or alleged to have been caused by reason of Property Owner's acts, errors or omissions in connection with the development of the Properties. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of Property Owner's or its representatives' acts, errors or omissions regardless of whether or not City supplied, prepared or approved plans or specifications relating to the development of the Properties and regardless of whether or not any insurance policies of Property Owner relating to such development are applicable. B. Property Owner shall defend, at its expense, including attorneys' fees, indemnify and hold harmless City, and its elected and appointed officials, officers, agents and employees from any claim, action or proceeding against any of them to attack, set aside, void or annual the approval of this Agreement or the approval of any permit or entitlement granted in furtherance of this Agreement. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding. 11. Liquidated Damages. In the event that the properties are not annexed to City in accordance with the terms of the Agreement, the then existing owner of the Properties shall pay each year to City, as liquidated damages, a sum equal to the properties taxes and any sales taxes the City would have received had the Properties been annexed. Failure to make such liquidated damages payments shall be good cause for City to cease service to the Properties. 12. Section Headings. All section headings and sub -headings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 13. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of California. 14. Attorneys' Fees. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for a Party's use of in-house counsel. 15. Binding Effect. The burdens of this Agreement bind and the benefits of this Agreement inure to the assigns and successors in interest of the Parties. 16. Authority to Execute. The person or persons executing this Agreement warrant and represent that they have the authority to execute this Agreement on behalf of the legal, fee title owner of the Properties. 4 17. Waiver and Release. Property Owner hereby waives and releases any and all claims it may have against City, and its elected and appointed officials, officers, employees and agents with respect to any City actions or omissions relating to the development of the Properties, andthe Parties' entry into, and execution of, this Agreement. Property Owner makes such waiver and release with full knowledge of Civil Code Section 1542, and hereby waives any and all rights thereunder to the extent of this waiver and release, of such Section 1542 is applicable. Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 18. Construction. The Parties agree that each Party and its counsel have reviewed this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement. The Parties further agree that this Agreement represents a voluntary "arms -length" transaction agreed to by and between the Parties and that each Party has had the opportunity to consult with legal counsel regarding the terms, conditions and effect of this Agreement. 19. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties as to the matters contained herein, and there are no oral or written representations, understandings or ancillary covenants or agreements which are not contained or expressly referenced herein, and no testimony or evidence of any such representations, understandings or covenants shall be admissible in any preceding of any kind or nature to interpret or determine the terms or conditions of this Agreement. CITY OF REDLANDS PROPERTY OWNER By: By: Eddie Tejeda, Mayor Todd Kesseler Hankito Enterprises,Inc., Owner ATTEST: Jeanne Donaldson, City Clerk 5