DATE: October 7, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Title
Adopt a Resolution Vacating the Former Whitesell Street Right-of-Way (with Reservation of Utility Easements), Declaring the City-Owned Portion and Adjacent Parcel Surplus Land, Authorizing Negotiation of Disposition, and Finding the Action Exempt from CEQA Review
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RECOMMENDATION
Recommendation
That the City Council adopts a resolution (Attachment II) vacating the former alignment of Whitesell Street right-of-way, with reservation of easements for the existing 15-inch storm drain line and 12-inch water main across the entire corridor, pursuant to the provisions of the Streets and Highways Code pertaining to vacation of streets; and declaring the City-owned portion of the vacated right-of-way together with the adjacent City-owned parcel located northeast of Breakwater Avenue and west of the current alignment of Whitesell Street (acquired from 25500 Whitesell Street for the Whitesell Street realignment but left unused) as "Exempt Surplus Land" pursuant to the Surplus Land Act (Attachment III and Attachment IV). Additionally, authorize the City Manager to negotiate the disposition of this exempt surplus land to the adjoining property owner, and finding that declaring the property exempt surplus land and disposing of it are actions that are exempt from CEQA review.
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SUMMARY
Surplus Land Act requires that when cities, counties, transit agencies and other local agencies sell or lease their land for periods exceeding 15 years, they must prioritize it for affordable housing development. The land must be declared either "Surplus" or "Exempt Surplus" as supported by written findings before a local agency may take any action to dispose of it. Exempt Surplus Land does not need to be offered to affordable housing developers prior to disposition. The governing board of a local agency may adopt a resolution declaring the pro...
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