CC Resolution No. 21-023 Approving Increased Budget Appropriation in General Fund-Non Departmental Program for Purchase of Property at 10455 Torre Avenue, APN 369-40-009 RESOLUTION NO. 21-023
A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING AN
INCREASED BUDGET APPROPRIATION OF $4,450,000 IN THE GENERAL FUND-
NON DEPARTMENTAL PROGRAM FOR THE PURCHASE OF PROPERTY AT
10455 TORRE AVENUE, CUPERTINO (APN 369-40-009)
WHEREAS, the City of Cupertino seeks to acquire the real property at 10455 Torre
Avenue, Cupertino (APN 369-40-009) (the "Property"); and
WHEREAS, the Property is located at the northwest corner of Torre Avenue and
Pacifica Drive, across the street from Library Field, and near the Civic Center. County
records show the lot size to be approximately 20,909 sq. ft. (0.48 acres) and the existing
freestanding one-story building (built in 1979) is approximately 4,715 sq. ft; and
WHEREAS, the proximity of the Property to the Civic Center, and its central location
within the city, lends itself for City uses, including a satellite City Hall facility; and
WHEREAS, on March 16, 2021, at a special meeting, the Planning Commission adopted
a resolution finding that the City's acquisition and use of the Property is exempt under
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.) ("CEQA Guidelines"), section 15301 (Existing
Facilities) since the proposed acquisition does will not revise the existing use of the
property or footprint of the existing structure, and section 15061(b)(3) because it can be
seen with certainty that there is no possibility that the proposed acquisition will have a
significant effect on the environment. The recommended action here to make budget
appropriations to accomplish the purchase is within the scope of that determination,
with a 4-0-1 (Absent—Saxena) vote; and
WHEREAS, on March 16, 2021 the City Council authorized the Mayor to execute the
Purchase and Sale Agreement (PSA) consistent with direction given on price/terms of
payment and authorized the Mayor and City Manager to take all actions consistent with
the PSA as necessary to close escrow, so long as due diligence does not reveal an issue
that the Mayor and City Manager deem material; and
WHEREAS, the negotiated purchase price for the Property under the PSA is $4,450,000;
Resolution No.21-023
Page 2
NOW, THEREFORE, BE IT RESOLVED that City Council takes the following actions:
The City Council hereby approves an increased budget appropriation of$4,450,000 in the
General Fund-Non Departmental program for the purchase of 10455 Torre Avenue,
Cupertino (APN 369-40-009).
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 30th day of March, 2021,by the following vote:
Vote Members of the City Council
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
.07
D rcy Pau ayor Date
City of Cup
ATTEST:
Kirsten Squarcia, Ci lerk Date