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Proposed Resolution

City Council and Concurrent Authorities
September 23, 2025

Document
Proposed Resolution
Meeting
September 23, 2025
Body
City Council and Concurrent Authorities
Original file
22 KB
Text extracted from the city's file for reading and search. Open the original on legistar1.granicus.com. That file is the official record.

Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION DECLARING A PORTION OF REAL PROPERTY LOCATED AT 6461 BROOKSIDE ROAD AS EXEMPT SURPLUS LAND UNDER THE SURPLUS LAND ACT AND FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The City of Stockton (“City”) is the fee owner of real property located at 6461 Brookside Road (APN 071-140-17) consisting of 114.39-acres, and the portion of real property to be declared as exempt surplus land consists of 73.84-acres as described in Exhibit 1 and shown in Exhibit 2 (the “Property”); and The City has no present or future use for the Property and the City Council desires to declare it surplus land and not necessary for the City’s use; and

The Surplus Land Act, Government Code sections 54220 et. seq., establishes procedures for the disposition of “surplus land” owned by a “local agency” which generally requires said “surplus land” to be made available for affordable housing purposes, park and recreation purposes or open-space purposes before disposition; however, as provided by Government Code section 54222.3, these procedures do not apply to the disposal of “exempt surplus land” as defined in section 54221 (f)(1)(A) through 54221 (f)(1)(S); and The Surplus Land Act, Government Code sections 54220 et seq., and the Department of Housing and Community Development’s Surplus Land Act Guidelines (“SLA Guidelines”) require local agencies to take formal action to declare land “surplus land” or “exempt surplus land” before disposing of the land; and The SLA Guidelines state that the governing board of a local agency must declare property to be “exempt surplus land” at a regular public meeting and that the declaration must be supported by written findings. The SLA Guidelines further require a local agency to provide the determination of exemption with written findings to the California Department of Housing and Community Development (“HCD”) at least thirty (30) days prior to disposition; and Government Code section 54221(f)(1)(D) provides that “exempt surplus land” includes “land that a local agency is transferring to another local, state, or federal agency, or to a third-party intermediary for future dedication for the receiving agency’s use…”; and The Property is “exempt surplus land” under the Act because the City, a local agency, intends to dispose of the property to the San Joaquin Flood Control Agency (SJAFCA), another local agency, for SJAFCA’s use to complete a levee improvement project; and Approval of this Resolution will confirm the City Council’s declaration that the Property is exempt surplus land consistent with Government Code section 54221(f)(1)(D) and SLA Guideline section 103(c)(5); and After approval of this Resolution, staff will submit a copy of this Resolution to HCD pursuant to SLA section 400(e) of the SLA Guidelines; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

The City Council hereby declares that the portion of real property located at 6461 Brookside Road consisting of 73.84-acres, more particularly described in Exhibit 1 & Exhibit 2, attached hereto, and incorporated by this reference, is exempt surplus land pursuant to Government Code section 54221(f)(1)(D) because the Property is being transferred to another local agency, namely SJAFCA, and therefore as provided by Government Code section 54222.3 the provisions of the Surplus Land Act do not apply to the disposition of the Property.

Staff is hereby authorized to proceed with negotiations with SJAFCA regarding the disposition of the Property.

The adoption of this Resolution, which relates to the City Council’s determination that the Property is “exempt surplus land” pursuant to Government Code section 54221 (f)(1)(D), is categorically exempt from the requirements of the California Environmental Quality Act pursuant to CEQA Guidelines section 15061(B)(3).

The City Manager, or designee, is hereby authorized to take all the necessary and appropriate actions to carry out the purpose and intent of this resolution.

PASSED, APPROVED, and ADOPTED September 23, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton

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