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.
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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
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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
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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
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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"
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UA6 I I
c`IT {L I f i CITY OF ANAHEIMAlt r
PARCEL 3 ''r~
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Is
CAU���� P.N1.B. 18 / 38 £ iE �. O� " f N�i3a E -_ _—____—r. /Al
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�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