AHA-2021-004RESOLUTION NO. AHA- 2 0 21- 0 0 4
A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY
DECLARING CERTAIN AUTHORITY --OWNED REAL PROPERTY
LOCATED AT 100, 126, AND 130 S. BEACH BOULEVARD AND
2970 W. LINCOLN AVENUE, ANAHEIM, CALIFORNIA,
AS SURPLUS LAND; DIRECTING THE ACTING EXECUTIVE
DIRECTOR TO FOLLOW THE PROCEDURES SET FORTH IN THE
SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE
SECTION 54220, ET SEQ.; MAKING CERTAIN FINDINGS UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND
AUTHORIZING. CERTAIN OTHER ACTIONS
WHEREAS, 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, in implementation of the Dissolution Law, the Authority maintains that certain
Low and Moderate Income Housing Asset Fund ("Housing Asset Fund") pursuant to HSC Sections
34176 and 34176.1; 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 law 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
WHERAS, 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, unless the surplus land is exempt, the local agency must give written notice
of its availability to any local public entity, including schools and park districts, within whose
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jurisdiction the property is located, as well as to housing sponsors that have notified the
State Department of Housing and Community Development ("HCD") of their interest in surplus
property, in particular for development of low -and moderate -income housing (together,
"Designated Entities"); and
WHEREAS, the Authority owns in fee simple certain parcels of real property located at
the common addresses of 100, 126, and 130 S. Beach Boulevard and 2970 W. Lincoln Avenue,
Anaheim, California, which parcels, as assembled, comprise approximately 3.61 acres
(together, "Property"); and
WHEREAS, the Authority purchased the Property for $14,000,000 with funds sourced
from the Housing Asset Fund; and
WHEREAS, the Authority owns the adjacent parcel, an approximately 1.796-acre site
located at 212 South Beach Boulevard, Anaheim ("Adjacent Site"), which is the subject of that
certain Preliminary Award Letter ("PAL") approved by the Authority on May 18, 2021 and issued
to Greenlaw 39 Commons Beach, LLC and its assignee, 39 Commons Beach Affordable, LP, of
which Affordable Housing Access, a California non-profit public benefit corporation, is the
managing general partner. This Adjacent Site is intended to be developed as a 100-unit
multifamily affordable housing development that will be restricted and covenanted for 55 years
for occupancy by extremely low, very low and low income households at affordable rents; and
WHEREAS, the City's Beach Boulevard Specific Plan (`BBSP") and vision for
revitalization of the Southeast Corner of Beach and Lincoln call 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, under the SLA, the Authority may take formal action in a regular public
meeting to declare land as "surplus" (or exempt surplus land); and
WHERAS, 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
AUTORITY 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 Property is hereby declared to be "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.
Section 3. The Authority authorizes and directs the Acting Executive Director and her designees
("Director"), on behalf of the Authority, to:
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(a) prepare and send a written notice of availability ("NOA") about the Property to the
entities designated in the SLA and make the NOA available for a period of 60 days in accordance with
the SLA, in particular Government Code, Section 54222;
(b) comply with the notification, recording and reporting requirements prescribed by the
California Department of Housing and Community Development ("HCD") under the SLA;
(c) during a period of 90 days following the 60-day NOA period (or more than 90 days as
determined by the Director), evaluate the written notices of interest (each an "NOI"), if any, that are
submitted by one or more public or private entities timely and are responsive to the NOA and which
entity(ies) desire to purchase or lease the Property on terms that comply with the SLA;
(d) during such NOI period, the Authority (through the Director) 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 NOIs, if any.
(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. The subsequent
actions may include negotiating in good faith in accordance with the requirements of the SLA.
Section 4. If after the NOA period there are no NOIs submitted, or, as applicable, the NOI period
has elapsed and no agreement is reached to dispose of the Property, then the Property may be disposed
of without further regard to the SLA, except that Government Code Section 54233 shall apply.
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, in particular Section 15162 (together, "CEQA"). Further, the City Council of the
City previously certified Environmental Impact Report ("EIR") No. 350 prepared for the
Beach Boulevard Specific Plan, and thereby the Authority determines that EIR No. 350 adequately
analyzed potential development of the Property, if such were to occur in connection with the NOA and
NOI process undertaken pursuant to this Resolution and the SLA, in compliance with CEQA.
The declaration of the Property as "surplus" does not have the potential for creating a significant effect
on the environment and no further review or action under CEQA is required. If the Property were to
be sold or leased, and thereafter developed, such development would be required to comply with and
implement the BBSP MU-H Development Area development standards. Section 15162 of the
CEQA Guidelines generally states that when a lead agency certifies an EIR for a project, the lead
agency shall not require the preparation of a subsequent EIR, by it or an implementing agency, unless
the lead agency determines that a proposed project will result in new significant environmental effects
or a substantial increase in the severity of previously identified significant effects; thus, the declaration
of this Property as surplus does not require further environmental review, action, or findings under
CEQA. 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 Authority Secretary shall certify to the adoption of this Resolution.
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THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE
ANAHEIM HOUSING AUTHORITY THIS 261h DAY OF OCTOBER 2021, BY THE
FOLLOWING ROLL CALL VOTE:
AYES: Ohairman Sidhu and Authority Members Faessel, Diaz,
Ma'ae, Moreno, Valencia, and O'Neil
NOES: None
ABSTAIN: None
ABSENT: None
HOUSING AUTHORITY
' Theresa ass, CMC, Authority Secretary
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SECRETARY'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. AHA 2021-004 adopted at a regular meeting provided by law, of the
Anaheim Housing Authority held on the 26th day of October. 2021, by the following vote of the
members thereof:
AYES: Chairman Sidhu and Authority Members Faessel, Diaz, Ma'ae, Moreno, Valencia, and
O'Neil
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 27th dayof f October, 2021.
SECRETARY OF THE ANAHEIM HOUSING AUTHORITY
(SEAL)
143987 / LM