October 21, 2025
TO: City Council
REQUESTED BY: Stuart McKibbin, City Engineer
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Declaring a Portion of City-Owned Real Property, a Portion of Oostdam Drive, "Exempt Surplus Land"
RECOMMENDATION:
Staff recommends that the City Council approve a Resolution No. 4107, declaring pursuant to California Government Code Section 54221 that a portion of Oostdam Drive, the Subject Property depicted in Exhibit "B" is designated as "exempt surplus land"; approving the disposition of the Subject Property to the adjacent landowner; and finding that such actions are exempt from environmental review under the California Environmental Quality Act.
DISCUSSION:
Generally, when the City Council declares real property "surplus land," it must send Notice of Availability ("NOA") to local public entities within the City, "housing sponsors," and HCD, noting that the surplus land can be used "for the purpose of developing low- and moderateincome housing", triggering delineated timelines regarding issuance of the NOA and good faith negotiations, among other obligations.
On the other hand, if the subject real property is declared to be "exempt surplus land," at a City Council meeting, based on findings supporting such designation that are consistent with the definition of "exempt surplus land" as specified in the SLA and SLA Guidelines, the City may bypass the NOA process and dispose of the exempt surplus land by sale, lease, etc. However, a copy of the written findings for such an exemption determination must be sent to HCD by the City at least 30 days before disposition of the subject "exempt surplus land." The Subject Property qualifies for designation as "exempt surplus land" under the SLA and SLA Guidelines in that the Subject Property is former street right-of-way and is conveyed to an owner of an adjacent property (California Government Code Section 54221 (f)(1)(E)). Moreover, the Subject Property is not necessary for the City's use since the Subject Property is not being currently used, nor is there any written plan adopted by the City that would indicate that the Subject Property is planned to be used for any City work or operations now or in the future.
Basically, if the Resolution is approved, this will confirm that the Subject Property is "exempt surplus land" in that it is not necessary for the City's use or operations now or in the future, which will allow the City to dispose of the Subject property, after providing the requisite 30-day notice to HCD.
Oostdam Drive intersects with Ivy Crest Drive, and heading west, it dead-ends approximately 660 feet west of the Wildrose Circle. The dead-end allowed for Oostdam Drive to be extended to the west at some point in the future. Tract Map 38339 is located between Kirby Street and Ivy Crest Drive, and in part, Oostdam Drive makes up the property's southerly boundary. This development did not propose to extend Oostdam Drive west, and as a result, staff has determined the extension to be no longer necessary. Staff now recommends the vacation of 3,168 square feet of Oostdam Drive right-of-way, west of Wildrose Circle, as depicted in attached Exhibit "B" of the Resolution. The vacation would correct the right-of-way to be consistent with Tract Map 38339, approved by Council on December 3rd, 2024, and recorded on December 5th, 2024.
Declaring the Subject property "exempt surplus land" would allow staff to move forward with the vacation.
Once vacated, the Subject Property would be conveyed to the adjacent landowner. Disposition of the Subject Property will result in benefits to the City and common benefit, including removing City liability of the property and any maintenance obligations, resulting in cost savings to the City and reallocation of such maintenance funds for other public purposes.
The adoption of the Resolution qualifies as a Class 12 exemption pursuant to CEQA Guidelines 15312 (Surplus Government Property Sales) since the Subject Property is not located in an area of statewide, regional, or area-wide concerns as identified in CEQA Guidelines Section 15206(b)(4); and the Subject Property does not have significant values for wildlife habitat or other environmental purposes, and the Subject Property is of such size, shape, or inaccessibility that it is incapable of independent development or use; and Section 15061(b)(3) since it can be seen with certainty that there is no possibility it will have a significant effect on the environment.
FISCAL IMPACT:
Undetermined fiscal savings due to reallocation of maintenance funds and removal of liability risk.
ATTACHMENTS:
Resolution No. 4107 - EXEMPT SURPLUS LAND
Exhibit B - EXEMPT SURPLUS LAND