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ADOPT A RESOLUTION DECLARING A PORTION OF REAL PROPERTY LOCATED AT 6461 BROOKSIDE ROAD AS EXEMPT SURPLUS LAND UNDER THE SURPLUS LAND ACT
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RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Declaring a portion of real property located at 6461 Brookside Road (APN 071-140-17), included as Exhibit 1 and Exhibit 2 to the Resolution, as exempt surplus land that is not necessary for the City’s use pursuant to the Surplus Land Act;
2. Authorizing City staff to proceed with negotiations regarding the disposition of the exempt surplus land;
3. Finding that the designation of the subject property as exempt surplus land does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under Section 15061(B)(3) of the California Environmental Quality Act (CEQA);
4. Authorizing the City Manager, or designee, to take all the necessary and appropriate actions to carry out the purpose and intent of this resolution.
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Summary
The City has fee title to (owns) the real property located at 6461 Brookside Road (Attachment A - Vicinity Map, Attachment B - Aerial Map). The San Joaquin Flood Control Agency (SJAFCA) has identified a portion of unused land on the City’s property as a suitable mitigation site. City staff would like to dispose of a portion of this real property to SJAFCA in support of a levee improvement project to decrease flood risk along the San Joaquin River and adjoining waterways.
City Council may declare City-owned land exempt surplus from the Surplus Land Act, if the property meets exemption criteria outlined in section 103 of the Surplus Land Act and section 54221(f)(1) of the Government Code. The City meets the exemption criteria since the property will be transferred between two local agencies.
City staff recommends that the City Council declare a portion of the property at 6461 Brookside Road, containing 73.84-acres, as exempt surplus land and authorize staff to proceed with negotiating the disposition. Any proposed sale or transfer of the property will be returned to City Council for final approval.
DISCUSSION
Background
The City of Stockton owns the real property located at 6461 Brookside Road, consisting of 114.39-acres. The subject property includes a facility currently occupied and operated by the Municipal Utilities Department, in addition to unused land that is not required for current or future City operations.
Administrative Directive HRD-02 (Attachment C) outlines the City’s standard procedures for the sale of real property. Under this directive, any property deemed surplus to the City’s current and anticipated future needs may be sold.
When City property is no longer needed, EDD circulates details of the property to all departments to confirm excess status. Once deemed excess, a recommendation is presented to the City Council for approval to formally declare the property surplus.
All City Departments were surveyed to determine the unused portion of the property as excess and concurred with the disposition of the portion of the subject parcel. The remainder of the parcel (including MUD facility) will remain unaffected and excluded from the exempt surplus declaration.
Present Situation
The San Joaquin Area Flood Control Agency (SJAFCA) submitted a request to acquire a portion of the City’s real property, containing 73.84-acres, in support of their Lower San Joaquin River levee improvement project (LSJR) to decrease flood risk. SJAFCA is proposing to improve flood risk management by repairing and enhancing the levees that surround the city through the construction of cut-off walls and the construction and operation of closure structures on Fourteen Mile Slough and Smith Canal.
Under the California Surplus Land Act (Government Code section 54220 et seq.), the City Council must declare property either “surplus land” or “exempt surplus land” before the City can dispose of it. “Exempt surplus land” is real property that is not necessary for the City’s use and falls within one of the exemptions specified in the Surplus Land Act. If the City Council declares property as “exempt surplus land” the City may sell the property to another eligible government entity without conducting the Notice of Availability process.
The City meets the exemption criteria outlined in SLA section 103(c)(5) and Government Code section 54221(f)(1)(D), because the property will be transferred to SJAFCA, a local public agency, via a Purchase and Sale Agreement, which will be presented separately to the City Council for approval at a later meeting.
Through this action, the City seeks to declare City owned land located on a portion of real property located at 6461 Brookside Road (APN 071-140-17) as exempt surplus land.
The Surplus Land Act requires the City to notify the Department of Housing and Community Development (HCD) of its determination. The attached resolution includes these findings. Upon adoption, the resolution will be transmitted to HCD for a 30-day review period, prior to the disposition being brought forth to Council.
ENVIRONMENTAL CLEARANCE
The Community Development Department has determined that this action is Categorically exempt under CEQA Guidelines and is granted a ‘general rule exemption’ under the section 15061(B)(3) since there is no possibility that the activity in question would have significant effect on the environment and the activity is not subject to CEQA. The project is also not subject to any of the exceptions to the use of a Categorical Exemption listed at CEQA Guidelines section 15300.2. In accordance with section 65402 of the Government Code, the Community Development Department further determined that the project or actions of the City conforms to the City’s General Plan designation for the site and with the General Plan Policy Document, as amended.
FINANCIAL SUMMARY
There is no financial impact with this action. Sale of surplus property revenues are subject to the City’s Contingent Payment in the settlement agreement with Assured Guaranty. All future dispositions and/or development agreements will be brought back to City Council for approval.
Attachment A - Vicinity Map
Attachment B - Aerial Map
Attachment C - Administrative Directive HRD-02