CC Resolution No. 20-092 Approving the Purchase of Real Property from County of Santa Clara, the Lawrence Mitty Property and Authorizing the City Manager to ExRESOLUTION NO. 20‐092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE PURCHASE OF REAL PROPERTY
FROM COUNTY OF SANTA CLARA,
THE LAWRENCE‐MITTY PROPERTY,
LOCATED WEST OF LAWRENCE EXPRESSWAY
BETWEEN CALVERT DRIVE AND BOLLINGER ROAD
(APN 375‐21‐001 AND APN 375‐22‐001),
AND AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY DOCUMENTS AND TAKE ALL NECESSARY
STEPS TO COMPLETE THE ACQUISITION
WHEREAS, the County of Santa Clara (the “County”) is the owner of that
certain about 7.83 acres of real property located west of Lawrence Expressway,
between Calvert Drive and Bollinger Road near Mitty Avenue, identified as
Assessor’s Parcel Numbers 375‐21‐001 and 375‐22‐001 (together, the “Property”);
and
WHEREAS, since at least 2007, the City has planned for the proposed
acquisition of the Property from the County; among other things, the City has pre‐
zoned the Property to Pre‐PR (Parks & Recreation) and shows the property as
Parks and Open Space on its land use map, the City identified the proposed
acquisition of the Property in its Capital Improvement Program (CIP), and the City
discussed the proposed acquisition in its 2019 Parks and Recreation System Master
Plan; and
WHEREAS, in June of 2020, City and County staff completed negotiations
for the purchase of the Property, the terms of which are reflected in the Purchase
and Sale Agreement enclosed herewith (“Agreement”) pursuant to which the City
would acquire the Property for its appraised value of $2.69 million, subject to the
approval of the City Council and the County Board of Supervisors; and
WHEREAS, the Property is located within the City of San Jose’s city limits
and is covered by San Jose’s General Plan; accordingly, as required by
Government Code Section 65402(b), the City requested that San Jose prepare a
report regarding the consistency of the proposed purchase with San Jose’s General
Plan, and the proposed purchase is now deemed by law to be in conformity with
that plan; and
Resolution No. 20‐092
Page 2
WHEREAS, on April 25, 2017, the Cupertino Planning Commission
reviewed the proposed acquisition of the Property as part of its review of the City’s
five‐year Capital Improvement Program and found the acquisition to be in
conformity with the City’s General Plan; and
WHEREAS, pursuant to the provisions of the California Environmental
Quality Act of 1970 (Public Resources Code section 21000 et seq.) (“CEQA”),
together with the State CEQA Guidelines (California Code of Regulations, Title 14,
Section 15000 et seq.) (hereinafter, ʺCEQA Guidelinesʺ), City staff has
independently studied the proposed acquisition of the Property and has
determined that the acquisition is exempt from environmental review pursuant to
the categorical exemption in CEQA Guidelines Section 15316, as well as CEQA
Guidelines Section 15061(b)(3), for the reasons set forth in the staff report; and
WHEREAS, the Council has independently reviewed and considered the
proposed acquisition of the Property and the basis for the exemption(s) prior to
taking any approval actions on the proposed acquisition, and exercising its
independent judgment, based upon the entire record before it, has determined that
the acquisition of the Property is exempt from CEQA pursuant to CEQA
Guidelines Sections 15316 and 15061(b)(3);
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino takes the following actions:
1. Exercises its independent judgment and determines that the
proposed acquisition of the Property is exempt from CEQA pursuant to CEQA
Guidelines Sections 15316 and 15061(b)(3); and
2. Approves the purchase of the Property from the County in the
purchase amount of $2,690,000, and upon other terms as set forth in the
Agreement; and
3. Authorizes the City Manager to execute all necessary documents and
take all necessary steps to complete the acquisition of the Property consistent with
this approval.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino on the 7th day of July 2020, by the following vote:
Resolution No. 20‐092
Page 3
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
___________________ ________
Steven Scharf, Mayor
City of Cupertino
_________________________
Date
ATTEST:
_________________________________
Kirsten Squarcia, City Clerk
_________________________
Date
7/29/2020
7/29/2020