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HomeMy WebLinkAbout8563RESOLUTION NO. 8563 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING PRE -ANNEXATION AGREEMENT NO. 24-01, RELATED TO OUTSIDE CITY UTILITY CONNECTIONS FOR WATER SERVICE FOR A LOT LOCATED AT 31455 E. CITRUS AVENUE (APN: 0299-141-11-0000), WITHIN THE UNINCORPORATED COMMUNITY OF MENTONE WITHIN SAN BERNARDINO COUNTY. WHEREAS, Dave and Melissa Sanborn have filed an application for Outside City Case No. 24-01 and Pre -Annexation No. 24-01 with the City for an outside City utility connection for a 4.3 acre parcel located at 31455 E. Citrus Avenue (APN: 0299-141-11-0000) in the unincorporated community of Mentone within San Bernardino County; and WHEREAS, on April 16, 2024, the City Council found that Outside City Case No. 24-01 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). SECTION 2. The City Council hereby approves Pre -Annexation No. 24-01 (Exhibit A) for the provision of water service to enable development of a water service connection for an existing single family residence on the lot located at 31455 E. Citrus Avenue (APN: 0299-141- 11-0000) in the unincorporated community of San Bernardino County. 1 I:\Resolutions\Res 8500-8599\8563 Approving Pre -Annexation Agreement No. 24-01.docx-ms ADOPTED, SIGNED AND APPROVED this 16th day of April, 202 Eddie Tejeda, Mayor ATTEST: e Donaldson, City Clerk 2 I:\Resolutions\Res 8500-8599\8563 Approving Pre -Annexation Agreement No. 24-01.docx-ms 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 16th day of April, 2024, by the following vote: AYES: Councilmembers Barich, GuLlIlan-Lowery, Saucedo; Mayor Tejeda NOES: None ABSENT: Councilmember Davis ABSTAINED: None Donaldson, City Clerk 3 I:\Resolutions\Res 8500-8599\8563 Approving Pre -Annexation Agreement No. 24-OI.docx-ms EXHIBIT A Pre -Annexation Agreement [Attached] 4 I:\Resolutions\Res 8500-8599\8563 Approving Pre -Annexation Agreement No. 24-01.docx-ms RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK'S OFFICE CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 (THIS SPACE FOR RECORDER'S USE ONLY) 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 16th day of April, 2024, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California ("City") and Dave Sanborn and Melissa Sanborn ("Property Owners"). City and Property Owners 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 of Del 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 Owners own a parcel of land generally located at 31455 E. Citrus Avenue, Redlands, CA 92374 and identified as county of San Bernardino Assessor's Parcel Number 0299-141-11-0000 ("Property") 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 Deed" has made a request and application to City to receive water service for property located in the unincorporated area of the county of San Bernardino, and has provided evidence satisfactory to City that the Property Owners are the fee owners of the Property; and 1 I:\cmo\Agreements\31455 E. Citrus Avenue Agreement for Annexation and Provision for City Utility Services FY23-0046.docx-msv2 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 owners of the property 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 owners to annex the property to City upon certain conditions; and WHEREAS, City has prepared a General Plan for the unincorporated area in which the Property is located to provide for the orderly planning of such area, and has determined that the proposed development of the Property 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 Property, the Property Owners have entered into this Agreement to provide assurances to City that connection to City's domestic water system will occur in accordance with the Redlands General Plan and the development standards of the Redlands Municipal Code, and that the Property 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 the Property Owners agree as follows: AGREEMENT 1. Recitals. The foregoing recitals are true and correct. 2. Provision of Utility Services. City agrees to provide domestic water service only for residential indoor use and incidental residential landscaping to the Property. Use of domestic water service for agricultural or farming irrigation activities is prohibited. The provision of domestic water service shall be 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 the Property Owners for application for a water connection is approved by City's Municipal Utilities and Engineering Department. Nothing herein represents a commitment by City 2 I:\cmo\Agreements\31455 E. Citrus Avenue Agreement for Annexation and Provision for City Utility Services FY23-0046.docx-msv2 to provide such service unless and until the Property Owners comply with all such rules and regulations. As a condition of approval of an application for water connection, and prior to receiving any service, the Property Owners agree to pay the full cost of such service as established by City for the extension of utility services to the Property. 3. Agreement to Develop by City Standards. In consideration of City's agreement to provide City water service to the Property, the Property Owners shall develop the Property 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 service to the Property, the Property Owners hereby irrevocably consent to annexation of the Property 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 Property to City. Property Owners and City agree that in the event City initiates an annexation of the Property, City shall be responsible for the costs of such annexation. In all other instances where the annexation of the Property is proposed to City, Property Owners shall be responsible for such costs. 5. Payment of Fees. As a condition of receiving domestic water service from City, Property Owners 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 Owners hereby consent to the imposition of, and agrees that Property Owners shall pay, all taxes and assessments imposed and/or levied by City which may be applicable to the Property at the time the Property is annexed to City. 7. Recordation. By entering into this Agreement, Property Owners 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 Property Owners 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 Owners further agree that City shall, at the sole cost of the Property Owners, have the right to cause the recordation of this Agreement. 8. Breach/Failure to Annex In the event Property Owners fail 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 Property. 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 Property 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 Owners is that of a governmental entity regulating the development of private 3 I:\cmo\Agreements\31455 F. Citrus Avenue Agreement for Annexation and Provision for City Utility Services FY23-0046.docx-msv2 property and the owners of such property. 10. Indemnity and Cost of Litigation. A. Property Owners agree 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 Owners or those of its contractors, subcontractors, agents, employees or any other persons acting on Property Owner's behalf which relate to development of the Property. Property Owners agree 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 Property. 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 Property and regardless of whether or not any insurance policies of Property Owners relating to such development are applicable. B. Property Owners 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 property is not annexed to City in accordance with the terms of the Agreement, the then existing owners of the Property shall pay each year to City, as liquidated damages, a sum equal to the property taxes and any sales taxes the City would have received had the Property been annexed. Failure to make such liquidated damages payments shall be good cause for City to cease service to the Property. 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. 4 I:\cmo\Agreements\31455 E. Citrus Avenue Agreement for Annexation and Provision for City Utility Services FY23-0046.docx-msv2 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 owners of the Property. 17. Waiver and Release. Property Owners 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 Property, and the Parties' entry into, and execution of, this Agreement. Property Owners 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. [Signatures on the Next Page] 5 I:\cmo\Agreements\31455 E. Citrus Avenue Agreement for Annexation and Provision for City Utility Services FY23 -0046.docx-msv2 CITY OF REDLANDS By: Eddie Tejeda, Mayor ATTEST: By: Jeanne Donaldson, City Clerk 6 PROPERTY OWNERS By: Dave Sanborn, Owner By: Melissa Sanborn, Owner I:\cmo\Agreements\31455 E. Citrus Avenue Agreement for Annexation and Provision for City Utility Services FY23-0046.docx-msv2