RESOLUTION NO. _______
A RESOLUTION OF THE GOVERNING BOARD OF THE
ANAHEIM HOUSING AUTHORITY DECLARING CERTAIN
AUTHORITY-OWNED REAL PROPERTY LOCATED AT 120
SOUTH STATE COLLEGE BOULEVARD, ANAHEIM,
CALIFORNIA, AS EXEMPT SURPLUS LAND; DIRECTING
THE EXECUTIVE DIRECTOR TO FOLLOW THE
PROCEDURES SET FORTH IN THE SURPLUS LAND ACT,
CALIFORNIA GOVERNMENT CODE SECTIONS 54220, ET SEQ.;
MAKING CERTAIN FINDINGS UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT; AND AUTHORIZING CERTAIN
OTHER ACTIONS
WH
EREAS, the Anaheim Housing Authority (“Authority”) is a California housing authority duly organized and existing under the California Housing Authorities Law, Part 2 of Division 24, Section 34200, et seq ., of the Health and Safety Code (“HAL”), and has been authorized to transact business and exercise the power of a California housing authority pursuant to action of the City Council (“City Council”) of the City of Anaheim; and
WHEREAS, the City of Anaheim is a California charter city and municipal corporation (“City”); and
WHEREAS, the Authority also serves as the housing successor to the former and dissolved Anaheim Redevelopment Agency pursuant to Division 24, Part 1.85, of the California Health and Safety Code, Section 34170, et seq. (“Dissolution Law”); and WHEREAS, together, the HAL, Dissolution Law, and applicable related statutes of the California Health and Safety Code are referred to as the “HSC”; and WHEREAS, on October 9, 2019, Governor Newsom signed Assembly Bill 1486 (“AB 1486”), which significantly amended the Surplus Land Act, California Government Code Section 54220, et seq., and became effective on January 1, 2020 (as amended, “SLA”). Among material changes to the SLA, AB 1486 expanded the definition of “local agency” to include a housing authority; and
WHEREAS, under the SLA the term “surplus land” means land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular meeting declaring that such land is surplus and is not necessary for the agency’s use; and WHEREAS, under the SLA the term “agency’s use” means land that is being used, is planned to be used pursuant to a written plan adopted by the local agency’s governing board; and WHEREAS, under the SLA “surplus land” that meets one or more specified conditions, including the development of affordable housing subject to certain regulations, can be designated “exempt surplus land” as defined in Government Code Section 54221(f)(1); and WHEREAS, Government Code Section 54221(f)(2) regarding a required notice of availability for open space purposes is not applicable to the Property described herein; and WHEREAS, if the surplus land is exempt, the SLA will not apply to the disposal of such “exempt surplus land” pursuant to Government Code Section 54222.3; and WHEREAS, the Authority owns in fee simple certain p arcels of real property located at the common address of 120 South State College Boulevard, Anaheim, California, which comprises approximately 0.51 acres (“Property”); and
WHEREAS, in April 2023, the Anaheim Housing Authority acquired the Property, home of the former Tampico Motel; and
WHEREAS, funds for the acquisition of the Property derived from the State’s General Fund, secured by the Office of California Senator Tom Umberg to acquire and convert the motel into permanent supportive housing; and
WHEREAS, the Property was acquired with the intention of developing affordable housing under the City’s Residential Uses of Motels, Commercial and Office Structures Ordinance (Anaheim Municipal Code 18.38.215) adopted in 2019; and WHEREAS, under the SLA, the Authority may take formal action in a regular public meeting to declare land as “surplus land” or “exempt surplus land”; and WHEREAS, this Resolution makes certain findings in compliance with the SLA and the California Environmental Quality Act as codified in Public Resources Code Section 21000, et seq.
NOW, THEREFORE, THE GOVERNING BOARD OF THE ANAHEIM HOUSING AUTHORITY FINDS AND RESOLVES AS FOLLOWS:
Section 1. The Authority finds and determines that the foregoing recitals are true and correct and are a substantive part of this Resolution.
Section 2. The Authority hereby declares that the Property is not necessary for the Authority’s use. The basis for this declaration is that the Property may better serve the community goals and objectives through development of affordable housing on the Property.
Section 3. The Property is hereby declared to be “exempt surplus land”; and, the Authority affirms it has not adopted a written plan for the “agency’s use” of this Property as such terms are defined in the SLA. Specifically, since the Property is intended to be used for 100 percent affordable housing development, the Property is declared to be “exempt surplus land” pursuant to Government Code Section 54221(f)(1)(F), which applies to surplus land that is put out to open, competitive bid by a local agency, provided all entities identified in subdivision (a) of Section 54222 will be invited to participate in the competitive bid process, for an affordable housing development that meets the specific requirements of either subdivision (i) or (ii) of Section 54221(f)(1)(F).
Section 4. The Authority authorizes and directs the Executive Director and her designees (“Director”), on behalf of the Authority, to:
(a) complete
a competitive bid process and send a written request for proposals (“RFP”) about the Property to the entities designated in Government Code Section 54222(a); (b) comply with the notification, recording and reporting requirement s prescribed by the California Department of Housing and Community Development (“HCD”) under the SLA; (c) evaluate the written proposals, if any, that are submitted by one or more public or private entities timely and are responsive to the RFP and which entity(ies) desire to lease the Property on terms that comply with the SLA;
(d) during such RFP period, the Authority (through the Director) may enter into good faith negotiations to determine mutually satisfactory terms relating to the disposition of the Property as presented in one or more responsive proposals, if any; and (e) take all actions that may be deemed necessary or proper to effectuate the purposes of t
his Resolution, and actions previously taken, if any, are hereby ratified and confirmed.
Section 5. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.), including the CEQA Guidelines (together, “CEQA”). The declaration of the Property as “exempt surplus land” does not have the potential for creating a significant effect on the environment and no further review or action under CEQA is required. The actions authorized by this Resolution are exempt from further environmental review pursuant to CEQA Guidelines Section 15060(c)(3) (not a project as defined by CEQA Guidelines Section 15378), Section 15312 (the sale of surplus government property), and Section 15061(b)(3) (no possibility that the action will have a significant effect on the environment).
If and when the Property is leased to a developer and that developer proposes a use for the Property that may require subsequent discretionary review and action and CEQA review, that future use and potential project will be analyzed at the appropriate time pursuant to CEQA.
Section 6. This Resolution shall be effective upon adoption.
Section 7. The Authority Secretary shall certify to the adoption of this Resolution.
THE F OREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE ANAHEIM HOUSING AUTHORITY THIS 27th DAY OF JUNE, 2023, BY THE FOLLOWING ROLL CALL VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ANAHEIM HOUSING AUTHORITY
By:
Cha irperson
ATTEST:
Authority Secretary
S
ECRETARY’S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, Secretary of the Anaheim Housing Authority, do hereby certify that the foregoing is the original Resolution No. ______adopted at a regular meeting provided by law, of the Anaheim Housing Authority held on the 27
TH day of June, 2023, by the following vote of the
members thereof:
AYES:
NOES:
ABSTAIN:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of June 2023.
SECRETARY, ANAHEIM HOUSING AUTHORITY
(SEAL)