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AHA-2023-003RESOLUTION NO. AHA-2023-003 A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY DECLARING CERTAIN AUTHORITY -OWNED REAL PROPERTY LOCATED AT 212 S. BEACH 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 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, 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, 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 parcels of real property located at the common address of 212 S. Beach Boulevard, Anaheim, California, which comprises approximately 1.9 acres ("Property"); and WHEREAS, in 2001, the former Anaheim Redevelopment Agency acquired the Property, home of the former Silver Moon Motel; and WHEREAS, upon the dissolution of the Anaheim Redevelopment Agency, the Property was transferred to the Authority; 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, the long-term development plan for the Property and adjacent Authority - owned site is for a new construction, mixed -use residential and retail project, with an affordable housing component, which will align with the vision for revitalization described in the BBSP; 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 6. The Authority finds and determines that the foregoing recitals are true and correct and are a substantive part of this Resolution. Section 7. 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 8. The Authority authorizes and directs the Executive Director and her designees ("Director"), on behalf of the Authority, 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 UP and which entity(ies) desire to purchase or 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 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 4. 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 RFP process undertaken pursuant to this Resolution and the SLA, in compliance with 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. 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 "exempt surplus land" 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 5. This Resolution shall be effective upon adoption. Section 6. The Authority Secretary shall certify to the adoption of this Resolution. THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE ANAHEIM HOUSING AUTHORITY THIS 18lh DAY OF APRIL, 2023, BY THE FOLLOWING ROLL CALL VOTE: AYES: Chairperson Aitken and Authority Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None ANAHEIM HOUSING AUTHORITY j /7 . Imo] -, / Cha on Secretary 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-2023-003 adopted at a regular meeting provided by law, of the Anaheim Housing Authority held on the 18t_ h day of Argil. 2023, by the following vote of the members thereof: AYES: Chairperson Aitken and Authority Members Rubalcava, Diaz, Leon, Kurtz, Faessel, and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of April, 2023. ARY OF THE ANAHEIM HOUSING AUTHORITY (SEAL)