RES-2023-070RESOLUTION NO. 2 0 2 3- 0 7 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING CERTAIN CITY -OWNED REAL
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
S. ANAHEIM BOULEVARD AND E. BALL ROAD, ANAHEIM,
CALIFORNIA (APN 082-46-23, -24, -25, -31, -34, AND -35),
AS EXEMPT SURPLUS LAND; DIRECTING THE CITY
MANAGER 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
WHEREAS, the City of Anaheim is a California charter city and municipal corporation
("City"); and
WHEREAS, on October 9, 2019, Governor Newsom signed Assembly Bill 1486
("AB 1486"), which law significantly amended the Surplus Land Act, California Government
Code Section 54220, et seq., and became effective on January 1, 2020 (as amended, "SLA"); 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.
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 City owns in fee simple certain parcels of real property located at the
southeast corner of S. Anaheim Boulevard and E. Ball Road, Anaheim, California (APN 082-46-
23, -24, -25, -31, -34, and -35), which comprises approximately 8.3 acres ("Property"); and
WHEREAS, the City's vision for revitalization of the southeast corner of Anaheim
Boulevard and Ball Road calls for the development of mixed use, mixed -income properties, and
sale or ground lease of these properties, under set parameters that are intended to advance the
City's strategic plans for the area; and
WHEREAS, the long-term development plan for the Property is for a new construction,
mixed -use residential and retail project, with an affordable housing component, which will align
with the vision for revitalization; and
WHEREAS, under the SLA, the City 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 CITY COUNCIL OF THE CITY OF ANAHEIM FINDS
AND RESOLVES AS FOLLOWS:
Section 1. The City finds and determines that the foregoing recitals are true and correct and are a
substantive part of this Resolution.
Section 2. The City hereby declares that the City -owned portion of the Property is not necessary
for the City's use. The basis for this declaration is that the Property may better serve the community
goals and objectives through development of the Property.
Section 3. The Property is hereby declared to be "exempt surplus land"; and, the City affirms it
has not adopted a written plan for the "City's use" of this Property as such terms are defined in the
SLA. Specifically, since the Property is intended to be used for a mixed -use development that is more
than one acre in area, that includes not less than 300 housing units, and that restricts at least 25 percent
of the residential units to lower income households, as defined in Section 50079.5 of the Health and
Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and
50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for
ownership housing, the Property is declared to be "exempt surplus land" pursuant to Government Code
Section 54221(f)(1)(F)(ii), 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 5422 1 (f)(1)(F).
Section 4. The City authorizes and directs the City Manager and his designees ("City Manager"),
on behalf of the City, to:
(a) prepare 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 requirements 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 purchase or lease
the Property on terms that comply with the SLA;
(d) during such RFP period, the City (through the City Manager) may enter into good faith
negotiations to determine a mutually satisfactory sales price and 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
this 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 of the environment). If
and when the Property is sold or leased to a purchaser and that purchaser 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 City Clerk shall certify to the adoption of this Resolution.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 15" day of August, 2023 by the following roll call vote:
AYES: Mayor Aitken and Council Members Rubalcava, Diaz,
Lean, Kurtz, Faessel and Meeks
NOES: None
ABSENT: None
ABSTAIN: None
!YOR
AN HEIM
OF TH OF ANAHEIM
3-L'ERK�OF THE CITY OF ANAHEIM
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2023-070 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 15th day of August, 2023 by the following vote of the members thereof:
AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and
Meeks
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of August. 2023.
CITY ERK OF THE CITY OF ANAHEIM
(SEAL)