HomeMy WebLinkAbout8775RESOLUTION NO. 8775
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
APPROVING PRE -ANNEXATION AGREEMENT NO. 26-01, RELATED TO
OUTSIDE CITY UTILITY CONNECTIONS FOR WATER SERVICE FOR A
LOT LOCATED AT 2789 MILL CREEK ROAD (APN: 0302-152-06-0000),
WITHIN THE UNINCORPORATED COMMUNITY OF MENTONE WITHIN
SAN BERNARDINO COUNTY.
WHEREAS, Jose F. Sosa Sosa have filed an application for Outside City Case No. 26-01
and Pre -Annexation No. 26-01 with the City for an outside City utility connection for a 0.25 acre
parcel located at 2789 Mill Creek Road (APN: 0302-152-06-0000) in the unincorporated
community of Mentone within San Bernardino County; and
WHEREAS, on April 21st, 2026, the City Council found that Outside City Case No. 26-
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
Medium Density Residential and the proposed project is consistent with the 2035 General Plan
land use designation; and
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 a
proposed single-family residence on the lot located at 2789 Mill Creek Road (APN: 0302-152-
06-0000) in the unincorporated community of San Bernardino County.
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ADOPTED, SIGNED AND APPROVED this 215t day of April, 2026.
1-/u,'
Mario Saucedo, Mayor
ATTEST:
J&t6e 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 21It
day of April, 2026, by the following vote:
AYES: Councihnembers Barich, Teleda, Davis, Shaw; Mayor Saucedo
NOES: None
ABSENT: None
ABSTAIN: None
S�� A44A�)-
Jeanne Donaldson, City Clerk
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EXHIBIT A
Pre -Annexation Agreement
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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
SPACE FOR RECORDER'S USE ONL
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 21" day of April, 2026, by and between the City of Redlands, a
municipal corporation organized and existing under the laws of the State of California ("City")
and Jose F. Sosa Sosa, a married man as his sole and separate property, ("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 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 Owner owns a parcel of land generally located at 2789 Mill Creek
Road and identified as county of San Bernardino Assessor's Parcel Number 0302-152-06-0000
("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 Property Owner is the fee owner of the Property; and
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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 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 owner 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, Property Owner has 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 and
Property Owner agree as follows:
AGREEMENT
Recitals. The foregoing recitals are true and correct.
2. Provision of Utility Services. City agrees to provide domestic water service to the
Property 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 a water connection is approved by City's Municipal Utilities and Engineering
Department. Nothing herein represents a commitment by City to provide such service unless and
until Property Owner complies with all such rules and regulations. As a condition of approval of
an application for water connection, and prior to receiving any service, Property Owner agrees to
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pay the frill 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, Property Owner 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, Property Owner hereby irrevocably consents 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 Owner 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 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 shair 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 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 Property 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 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 Owner is that of a governmental entity regulating the development of private property
and the owner of such property.
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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 Property. 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 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
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.
IL Liquidated Damages. In the event that the property is not annexed to City in
accordance with the terms of the Agreement, the then existing owner 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.
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
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