HomeMy WebLinkAbout8566RESOLUTION NO. 8566
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
APPROVING PRE -ANNEXATION AGREEMENT NO. 24-02, RELATED TO
OUTSIDE CITY UTILITY CONNECTIONS FOR WATER SERVICE FOR A
LOT LOCATED AT 31565 E. HIGHLAND AVENUE (APN: 0299-152-04-0000),
WITHIN THE UNINCORPORATED COMMUNITY OF MENTONE WITHIN
SAN BERNARDINO COUNTY.
WHEREAS, Ernest A. Zinke and Nancy Anne Zinke have filed an application for Outside
City Case No. 24-02 and Pre -Annexation No. 24-02 with the City for an outside City utility
connection for a 4.8 acre parcel located at 31565 E. Highland Avenue (APN: 0299-152-04-0000)
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. 24-02
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. 24-02 (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 31565 E. Highland Avenue (APN: 0299-
152-04-0000) in the unincorporated community of San Bernardino County.
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ADOPTED, SIGNED AND APPROVED this 16th day of April, 2024.
ddie Tejeda, Mayor
ATTEST:
Donaldson, City Clerk
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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, Guzman -Lowery, Saucedo; Mayor Tejeda
NOES: None
ABSENT: Councilmember Davis
ABSTAINED: None
Donaldson, City Clerk
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EXHIBIT A
Pre -Annexation Agreement
[Attached]
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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 Ernest A. Zinke and Nancy Anne Zinke ("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 31565 Highland
Avenue, Redlands, CA 92374 and identified as county of San Bernardino Assessor's Parcel
Number 0299-152-04-0000 ("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
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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 Parry'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.
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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.
CITY OF REDLANDS PROPERTY OWNER
By: By:
Eddie Tejeda, Mayor Ernest A. Zinke, Owner
ATTEST:
By:
Jeanne Donaldson, City Clerk
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By:
Nancy Anne Zinke, Owner
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