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RES-2015-252RESOLUTION NO. 2015-252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AGREEING TO ACCEPT PROPERTY TAX REVENUES FROM THE ANNUAL TAX INCREMENT GENERATED FROM THE DETACHMENT OF A 395 SQUARE FOOT PARCEL OF LAND LOCATED AT 2300 SOUTH LEWIS STREET AND 2237 SOUTH MANCHESTER AVENUE FROM THE CITY OF ORANGE TO THE CITY OF ANAHEIM PURSUANT TO THE CORTESE-KNOX-IRERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000. WHEREAS, pursuant to the petition of Mr. Joel H. Farkas, the owner of that certain real property located at 2300 South Lewis Street and 2237 South Manchester Avenue in the City of Anaheim (the "Property"), and upon the recommendation of the Planning Commission of the City of Anaheim, this City Council adopted its Ordinance No. 6342 prior in time but concurrently with this Resolution approving an amendment to the Zoning Map of the City of Anaheim that will have the effect of zoning a 395 square foot (approximate) parcel of land (herein referred to as the "Pre -zone Parcel") into the "RM -4" Multiple -Family Residential Zone of the City of Anaheim, effective upon completion of the annexation of the Pre -zone Parcel to the City of Anaheim; and WHEREAS, the Pre -zone Parcel is legally described on Exhibit A and graphically depicted on Exhibit B, both of which exhibits are attached hereto and incorporated herein by this reference; and WHEREAS, the Pre -zone Parcel is presently located within the jurisdictional boundaries of the City of Orange and is a part of the Property. The Property is generally depicted on the map attached hereto as Exhibit C and incorporated herein by this reference, which Property is designated by the Orange County Assessor as Assessor's Parcel No. 137-451-35; and WHEREAS, at the request of the owner of the Property, the City of Orange initiated an application to the Local Agency Formation Commission ("LAFCO") for detachment of the Pre- zone Parcel from the City of Orange to the City of Anaheim pursuant to the Cortese -Knox - Hertzberg Local Government Reorganization Act of 2000 (commencing with Section 56000 of the California Government Code), which application is designated by LAFCO as the proposed "Meyer Reorganization to the City of Anaheim (RO 15-01)"; and WHEREAS, by motion made and adopted on May 12, 2015 at a regular meeting of its members, the City Council of the City of Orange supported the proposed Meyer Reorganization to the City of Anaheim (R.0 15-01); and WHEREAS, Section 99(c) of the California Revenue and Taxation Code provides that, prior to the effective date of any jurisdictional change, the affected agencies (i.e., the cities of Orange and Anaheim) are required to negotiate the amount of property tax revenues to be exchanged; and WHEREAS, as required by Section 99 of the California Revenue and Taxation Code, the Auditor -Controller of the County of Orange (the "Auditor -Controller") has prepared a revenue impact analysis for the proposed Meyer Reorganization to the City of Anaheim (RO 15-01) and advised the cities of Orange and Anaheim of the amount of property tax revenue and the allocation factors for each affected city that are subject to a negotiated exchange in connection with the proposed jurisdictional change for the Pre -zone Parcel; and WHEREAS, staff from both cities have negotiated and agreed upon the amount of property tax revenues to be exchanged between the cities in connection with the proposed jurisdictional change for the Pre -zone Parcel; and WHEREAS, staff of the City of Orange has agreed and, subject to adoption of this Resolution by the City Council of the City of Anaheim, intends to recommend that its own City Council adopt a resolution evidencing its agreement to the allocation of the property tax revenues from the annual tax increment generated from the Pre -zone Parcel to the City of Anaheim, effective upon completion of the annexation of the Pre -zone Parcel to the City of Anaheim and continuing thereafter for all subsequent years; and WIEREAS, this City Council desires to accept the allocation of the property tax revenues from the annual tax increment generated from the Pre -zone Parcel, in total, effective upon completion of the annexation of the Pre -zone Parcel to the City of Anaheim and continuing thereafter for all subsequent years; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for "projects", as that term is defined in Section 15378 of the CEQA Guidelines; and WI1EREAS, the exchange of property tax revenues is not a "project", as defined in Section 15378(b)(5) of the CEQA Guidelines, because it represents an organizational or administrative activity of the cities of Anaheim and Orange that will not result in direct or indirect physical changes in the environment, and is, therefore, exempt from the provisions of CEQA pursuant to Section 15060(c)(3) of the CEQA Guidelines; and WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including the staff presentation, the staff report and all materials in the project files. 'There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The recitals and statements of fact set forth in the preamble to this Resolution are true and correct, constitute a substantive part of this Resolution, and are incorporated herein by this reference. 2 2. The City of Anaheim hereby agrees to the acceptance of the property tax revenues from the annual tax increment generated in Tax Rate Area 01-020 from the Pre -zone Parcel, in total, subject to approval of proposed Meyer Reorganization to the City of Anaheim (RO 15-01) and effective upon completion of the annexation of the Pre -zone Parcel to the City of Anaheim and continuing thereafter for all subsequent years. 3. The City Clerk is authorized and directed to file certified copies of this Resolution with the City Clerk of the City of Orange, LAFCO, and the Auditor -Controller, which will allow the City Council of the City of Orange to adopt a resolution evidencing its agreement to the foregoing allocation of the property tax revenue to the City of Anaheim to allow LAFCO and the Auditor -Controller to process the jurisdictional change and to adjust future property tax revenue distributions. 4. The City Manager (or his authorized designee) is authorized and directed for and on behalf of the City to take any and all actions and execute and deliver any and all documents and instruments which he may deem necessary and advisable to effectuate the purposes of this Resolution and in compliance in all respects with the requirements of the Cortese -Knox - Hertzberg Local Government Reorganization Act of 2000. 5. This Resolution shall be effective immediately upon adoption. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1 5 thday of September , 2015, by the following roll call vote: Mayor Tait and Council Members Kring, Murray, Brandman, AYES: and Vanderbilt NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 112094/TJR 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 EXHIBIT 4A" "MEYER REORGANIZATION TO THE CITY OF ANAHEIM" (RO 1"1) THAT PORTION OF MEYER STREET IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON TRACT NO. 2413, AS PER MAP RECORDED 1N BOOK 73, PAG M- 21 THROUGH 23, INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, VACATED AND ABANDONED BY RESOLUTION NO. 5857 OF THE Cny COUNCIL OF THE CITY OF ORANGE, A CERTIFIED COPY OF WHICH WAS RECORDED MARCH 14, 1983 AS INSTRUMENT NO. 83-109237, OFFICIAL RECORDS OF SAID COUNTY, ALL WITHIN THE RANCHO SANTIAGO DE SANTA ANA, RECORDED JUNE 28, 1884, IN BOOK 3, PAGES 420 THROUGH 423 OF PATENTS, RECORDS OF LOS ANGELES COUNTY, MOREPARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EXISTING BOUNDARY LINE OF THE CITY OF ANAHEIM AND THE CITY OF ORANGE, AS CERTII ISD BY THE SECRETARY OF STATE OF THE STATE OF CALIFORNIA PER RESOLUTION NO, 69R-720 FILED DECEMBER 5, 1968, SAID POINT BEING DISTANT FROM THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, SAID SOUTHWEST CORNER ALSO BEING THE CENTERLINE INTERSECTION OF LEWIS STREET AND CHAPMAN AVENUE, AS SHOWN ON SAID TRACT NO, 2413, SAID CENTERLINE INTERSECTION ALSO BEING ORANGE COUNTY SURVEYOR GPS CONTROL POINT NO. 30M THE FOLLOWING TWO (2) COURSES: 1. NORTH 01°19'07" WEST 455.43 FEET; 2. NORTH 71°10'30" EAST 41.94 FEET TO THE NORTHWEST CORNER OF LOT "B" OF SAID TRACT NO. 2413; THENCE ALONG SAID EXISTING BOUNDARY LINE, THE FOLLOWING FOUR t4) COURSES: 1. SOUTH 01019'07" EAST 30.I5 FEET TO THE BEGINNING OF ANON -TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1975.00 FEET, A RADIAL 11NE TO SAID POINT BEARS NORTH 22°21'08" WEST; 2. NORTHEASTERLY AIANG SAID CURVE 121.78 FEET THROUGH A CENTRAL ANGLE OF 03°31'58"; 3. NORTH 71010'50" EAST 616.41 FEET; 4. NORTH 71 °39'05" EAST 562.23 FEET TO A POINT ON THE EASTERLY LINE OF LOT "C" OF SAID TRACT NO. 2413, SAID POINT BEING THE NORTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN ANNEXATION NO. RO 06.43 TO uWW,1254%0lQ,+F=i25"02A0-lAAAx PAGE 1 OF 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 EXHIBIT "A" "MEYER REORGANIZATION TO THE CITY OF ANAHEIM" (RO 1541) THE CITY OF ORANGE PER CERTIFICATE OF COMPLETION RECORDED AS INSTRUMENT NO. 2007000598217, RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID ANNEXATION NO. RO 06-43, NORTH 71°39'05" EAST 43.15 FEET TO A POINT ON THE WESTERLY LINE OF SAID NIEYER STREET, ALSO BEING A POINT ON SAID BOUNDARY LINE OF THE CITY OF ANAHEIM AND THE CITY OF ORANGE PER RESOLUTION NO. 68R-720, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE WESTERLY AND NORTHERLY LINES OF SAID MEYER STREET AND SAID BOUNDARY LINE, THE FOLLOWING TWO {2} COURSES. 1. NORTH 00012'14" WEST 26.31 FEET; 2. NORTH 71 °39'05" EAST 15.78 FEET TO AN ANGLE POINT IN THE GENERAL NORTHERLY BOUNDARY OF THE CITY OF ORANGE AS CREATED BY ANNEXATION NO, 79, ORDINANCE NO, 663 AND CERTIFIED OCTOBERS, 1956, SAID ANGLE POINT ALSO BEING THE INTERSECTION WITH THE CENTERLINE OF SAID MEYER STREET; THENCE ALONG THE WESTERLY LINE OF SAID ANNEXATION NO, 79 AND SAID CENTERLINE, SOUTH 0001714" FAST 2631 FEET TO ITS INTERSECTION OF THE NORTHEASTERLY PROLONGATION OF SAID NORTHERLY LINE OF SAID ANNEXATION NO RO 06.43; THENCE LEAVING SAID WESTERLY LINE AND SAID CENTERLINE AND ALONG SAID NORTHEASTERLY PROLONGATION, SOUTH 71�39T05" WEST 15.78 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 395 SQUARE FEET OR 0,009 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, �A�� DATER THIS DAY OF 2015�4�jl M Mpftsl234rdPi.AFMJZ4.00 W&b Ada PAGE 2 OF 3 2 3 4 5 6 7 8 9 10 11 12 13 14 i5 16 EXHIBIT "A" "MEYER REORGANIZATION TO THE CITY OF ANAHEIM" (RO 15-01) THIS DESCRIPTION AND MAP OF PROPOSED ANNEXATION DOES MEET THE APPROVAL OF THE ORANGE COUNTY SURVEYOR'S OFFICE. I DATED THIS DAY OF KEVIN R. HILLS, COUNTY SURVEYOR L.S. 6617, EXP. 12/31/2015 [ BY: 2015. CRAIG WEHRMAN, CHIEF DEPUTY SURVEYOR ►'MMhWll muss+ -o R&F-m A.eoo PAGE 3 OF 3 SURVEYOR'S STATEMENT: THIS PROPOSAL WAS PREPARED BY ME OR UNDER MY SUPERVISION, DATED THIS CP{ DAY OF J 2015 L US TON. L.S. 5347 AREA OF ANNEXA'nON: AREA -,393 SNARE FEET (0.009 ACRES) EXHIBIT" „BIT TO ACCOMPANY LEGAL DESCRIPTION "MEYER REORGANIZATION TO THE CITY OF ANAHEIM" (RO 15-01) SEE DETAIL "A" I r { r UA6 I I c`IT {L I f i CITY OF ANAHEIMAlt r PARCEL 3 ''r~ "` �'O Is CAU���� P.N1.B. 18 / 38 £ iE �. O� " f N�i3a E -_ _—____—r. /Al SPA icr sGs _ ,✓ 7)� `L COM_Nt �y�PTCRT.sp'[S �.�r" AVENUE yNLti LINO 5 1d'A23 y+r'' j}i, �_ _ _ __ __ M71'39' -EE-- 1 —1 137-451-22 w r "i�y.'yp84NOT A PART' AS (PDR, a. CITY OF ORANGE ISHOWN ON TRACT 1, 12413, M.M. 73/2-1--23 LEGEND, I I\ .\-o • \I$�2x1'OB'W COUNTY SURVEYOR'S STATEMENT: THIS DESCRIPTION AND MAP OF PROPOSED ANNEXATION DOES MEET THE APPROVAL OF THE ORANGE COUNT SURVEYOR'S OFFICE. of DATED THIS _...DAY OF , 2015 r y KEVIN R. HILLS, COUNTY SURVEYOR L.S. 5617, EXP. 12/31/2015 6Y: CRAIG WEHRMAN, CHIEF DEPUTY SURVEYOR SW COR. SE 1/4 SEC. 26. T4S, RIOW, S99&M GPS NO, 3088 CHAPMAN AWNLIE EXISTING ANAHEIM AND ORANGE ----•------ CITY LIMIT LINE. PROPOSED ANAHEIM AND ORANGE --•------- CITY LIMIT LINE TD EXISTING ANAHEIM & ORANGE CITY LIMIT LINE PER SEC. OF STATE RES. NO. 6SR-720 FILED DEC. 5, 1968 R2 EXISTING ANAHEIM & ORANGE CITY LIMIT LINE PER ANNEXATION NO. RO 06-43. INST. NO. 2 00700059 8 21 7, O.R. El EXISTING ANAHEIM & ORANGE CITY LIMIT LINE PER ANNEXATION NO, 79. ORDINANCE NO, 663 AND CERTIFIED OCT. 5, 1956 Ioa' a• ad iop' GRAPHIC SCALE: 1" # 1W ":\ \ro5+�oxµueoolzs. aoxrto-z x ernvc (os -Ne 15) oz "c 2��y. 1 W U til I N1Y LINE PER [2]-) I 3°' 15' DETAIL "A" SCALE: 1'=30' (� `._.,..____....__..,.________.r I CHAPMAN EXHIBIT "C'v DEV NO. 2015-00068 o 50 100 Source: Recorded Tract Maps endlor Chy GIS. Mils Peet Please note the accuracy is +J- two to live feet 4 - PC2015-054