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ADOPT RESOLUTION AUTHORIZING THE SALE OF EXEMPT SURPLUS LAND LOCATED ON A PORTION OF REAL PROPERTY AT 6461 BROOKSIDE ROAD
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing the sale of City-owned exempt surplus land located on a portion of real property at 6461 Brookside Road (APN 071-140-17) to San Joaquin Area Flood Control Agency (SJAFCA);
2. Authorizing the City Manager, or designee, to execute the Purchase Sale Agreement with SJAFCA;
3. Authorizing the filing of 44-25 under the California Environmental Quality Act (CEQA) for the disposition of exempt surplus real property located on a portion of 6461 Brookside Road; and
4. Authorizing the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
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Summary
The property located at 6461 Brookside Road consists of approximately 114.39-acres and includes a facility that is currently occupied and operated by the Municipal Utilities Department (MUD). A portion of this site consists of unused City-owned land that is not required for current or future City operations. The area currently occupied and operated by MUD will remain excluded from the disposition.
An offer of $739,000 has been received from SJAFCA to acquire a portion of the property as a mitigation site for a levee improvement project. All City Departments were surveyed to determine the property as surplus, and City Council authorized the exempt surplus designation on September 9, 2025 (Attachment A - Resolution 2025-09-23-1208). Disposition of this parcel will allow the property to serve a useful purpose and provide revenue to the City.
This action will allow for City-owned real property, which is unnecessary for present or prospective public use, to be eliminated from the maintenance program, thereby reducing future City costs. Staff recommend that the City Council adopt the proposed resolution for the disposition of a portion of real property located at 6461 Brookside Road, APN 071-140-17, in the amount of $739,000 (Attachment B - Vicinity Map and Attachment C - Aerial Map).
DISCUSSION
Background
Administrative Directive HRD-02 (Attachment D - Administrative Directive HDR-02) establishes standard procedures for the sale of real property belonging to the City. Specifically, the procedures allow all real property that is surplus to the City’s present and anticipated future needs to be sold to serve a useful purpose, be returned to the active tax rolls, and provide revenue to the City’s General Fund. HRD-02 requires that any department that becomes aware that a City property is no longer necessary for use notify the Economic Development Department (EDD), which will explore the possibility of disposing of the property. EDD will initiate the process by circulating details about the property to all City Departments to determine if the property is excess property. Once the property is deemed excess, EDD submits the property to the City Manager, together with a recommendation that the property be declared excess and sold. The Council must approve the disposition of City real property.
The State of California’s Surplus Land Act (AB 1486) requires that the City send notices offering the property first to public agencies and any developers who have notified the California Department of Housing and Community Development (HCD) of their interest in developing affordable housing on surplus land, unless the property qualifies for an exemption under the Surplus Land Act.
The subject property was deemed exempt surplus by Resolution 2025-09-23-1208, and the City’s findings were forwarded to HCD. On November 5, 2025, HCD issued a letter confirming the property qualifies as “exempt surplus land” under Government Code section 54221, subdivision (f)(1)(D) (Attachment E - HCD Review). Accordingly, the City is not required to adhere to the noticing provisions of the Surplus Land Act for this property.
In addition, staff recommends that no subdivision map be required for the proposed land division and transfer, pursuant to Government Code Section 66426.5 and 66428(a)(2) of the Subdivision Map Act. These provisions exempt transfers of land between public agencies for public use from the requirement to file a subdivision map, provided no new parcels are created for sale or development. Since this transfer is for a public project and does not involve subdividing the property, the exemption applies.
Present Situation
The 6461 Brookside Road property consists of 114.39-acres of land. On March 27, 2025, Bender Rosenthal submitted an appraisal report on behalf of SJAFCA to purchase a portion of property consisting of 73.84-acres of undeveloped land to be used as a mitigation site for a levee improvement project. Subsequently, City staff and Buyer agreed to a purchase price of $739,000 for the parcel.
The proposed levee is anticipated to be constructed on a portion of the remaining 40.55-acres owned by the City and adjacent to the proposed mitigation parcel recommended for disposition. The remaining portion currently has a sewer pump station that is occupied and operated by the Municipal Utilities Department. The levee is being designed by the United States Army Corps of Engineers (USACE). Once a completed plat and legal description are provided, City staff will review the proposed levee easement to ensure it does not interfere with MUD’s access to, or the operation of, the pump station.
The Purchase & Sale Agreement (PSA) contains a provision with an option to purchase the adjacent levee easement, with the easement purchase price to be determined through a future appraisal. The option term shall commence upon the closing date of the PSA and remain in effect for twelve (12) months, unless extended by mutual written agreement of the Parties. The City, SJAFCA, and USACE will work in good faith to grant a levee easement that benefits all parties and does not disrupt the existing MUD facility operations. Once the levee easement is finalized and a price is negotiated, an action to convey a levee easement deed shall be brought to City Council for consideration.
NOTIFICATION
As required for the lease or sale of real property, a notice in accordance with the provisions of Article V, Section 510, of the Charter of the City of Stockton was published in the official newspaper of the City at least ten (10) days before such action is taken. A public notice was published in the legal notice section of The Record on February 5, 2026.
ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this activity/project regarding the sale of the property located on a portion of 6461 Brookside Road, is exempt under CEQA Guidelines pursuant to CEQA Guidelines Section 15060(c)(3) because it is not considered a "project" as defined by CEQA Guidelines Section 15378.A.
In accordance with Section 65402 of the Government Code, it has been determined that this project or action conforms to the City’s General Plan designation for the site and with the General Plan Policy Document, as amended.
FINANCIAL SUMMARY
If approved by Council, and upon close of escrow of the property, the gross amount of $739,000, less closing costs, advertising, filing, and miscellaneous fees, will be deposited into the Disposition/Fixed Assets/Sale of Fixed Assets General Fund Account.
Attachment A - Resolution 2025-09-23-1208
Attachment B - Vicinity Map
Attachment C - Aerial Map
Attachment D - Administrative Directive HRD-02
Attachment E - HCD Review