1700 W. Campbell Ave. (89-13)
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
FAX # (408) 379-2572
Department:
Public Works
January 23, 1992
Mr. Kent Kirkorian
1820 West Campbell Avenue
Campbell, CA 95008
RE: Traffic Mitigation
"S" 89-13
Shopping Center Remodel
1604 - 1700 W. Campbell Avenue
Dear Kent:
Thank you for meeting with me yesterday to discuss traffic
mitigation improvements required as a result of the remodeling
of the shopping center on Campbell Avenue.
One of the conditions of approval for "S" 89-13 as adopted by
the Planning Commission on September 26, 1989, required
construction of a median island on the Campbell Avenue frontage
of the project. Subsequently, we jointly agreed that an
additional traffic study should be done to determine whether a
median island would be most effective to mitigate traffic
impacts or whether some other traffic control devices should be
constructed.
A study was completed by City Traffic Engineering staff in 1991
that analyzed a number of possibilities including the
installation of signals at alternate locations, and the
construction of a full or partial median island with or without
traffic signals. Staffs conclusion is that a signal should be
installed at the Fulton Street - West Campbell Avenue
intersection in conjunction with painted traffic channelization
controls along the frontage of the shopping center.
Our proposal is that the City will complete the design of the
proposed signal and that the City will administer a contract for
the construction. The project needs to be integrated into our
Capital Improvement Program and we will advise you of the
proposed schedule as soon as available.
Traffic Mitigation
Shopping Center Remodel
Page 2
The basis for cost sharing of the project will be 50% from the
City and 50% from your company with a not to exceed $50,000
provision for your companies share. Your funds are to be
deposited with the City upon request at the time that the
project is advertised for bid.
Enclosed is a duplicate copy of this letter with a line for your
signature indicating agreement with this proposal. Please sign
and return to me. Should you have any questions, please call me
at 866-2160.
Sincerely,
'~
Bill Helms
Deputy Public
Works Director
cc:
Don Wimberly, Public Works Director
Joan Bollier, City Engineer
Enclosure Kirkorian Development share of
1-27-92 - Installation of Signals to be 50% of
$50,000. Kirkorian Developments will
Obligatio~der J"S"~~" /
Proposal Accept~ß--- -,/-j l-l,", ~' /"- v>¿/< --
Kirkorian Déve opment Co.
cost and not to exceed
then have no further
/ --;) f' £}-'2
Date
CITY OF CAMPBELL
MEMORANDUM
To:
Bill Helms, Engineering Manager
Date:
May 6, 1991
From:
Gary Kruger, Traffic Engineer A¡ ~
Recommendations: Campbell Avenue Traffic Controls at Kirkwood
Plaza
Subject:
----------------------------------------------------------
Attached is a summary report of our investigation of
alternative traffic controls on Campbell Avenue west of San
Tomas Aquino Road in response to the Kirkwood Plaza
development. As you know we required that a median be
constructed to mitigate the existing and projected accident
problems with cars turning left into and out of Kirkwood
Plaza driveways on campbell Avenue. The main problem is the
queue of cars in the afternoon extending west through the
driveways. Eastbound cars stopped for the signal at San Tomas
Aquino Road obscure the view of oncoming traffic for drivers
making left turns entering and exiting the center.
In response to objections from the developer and owner
of Kirkwood Plaza, Frank Robles completed a traffic analysis
of traffic control alternatives in lieu of a solid median. In
all alternatives, left turns into and out of Kirkwood Plaza
were provided for (the original median proposal would have
eliminated all left turns from and onto Campbell Avenue and
the development).
The summary report shows that the favored alternative is
to construct the warranted signal at Campbell and Fulton and
synchronize it with the signal at San Tomas Aquino Road so
that eastbound traffic is prevented from arriving when the
San Tomas signal is red; in this way, once traffic is moving
eastbound, it will get all the way through the signal and not
back up to the extent it does today. In addition this
metering effect also results in 20 to 30 second gaps in
eastbound traffic flow every other minute which will allow up
to 300 left turns out of Kirkwood Plaza per hour, or over 30
times the expected left turn volumes projected by the traffic
consultant. In short, the main drive will operate at LOS A
with the signal. without the signal, the drive will operate
at LOS E to F during peaks.
without the signal at Fulton, the above traffic control
strategy could not work; eastbound traffic would continue to
arrive randomly at the San Tomas Aquino Road signal and would
GEK: CMBLMEMO.342
Bill Helms, RE Kirkwood Plaza
May 6, 1991
Page
2
back up past the Kirkwood Plaza driveways with no improvement
in the current accident potential. The signal at the driveway
is not warranted, and I recommend that the city avoid
installing unwarranted signals generally, and especially in
this instance where the installation of a warranted signal
will achieve our and the developer's objectives.
campbell and Fulton is seventh in priority for signal
installations in the city not counting the signals to be
installed to achieve Redevelopment programs in downtown, or
signals warranted by new development such as Winchester and
Kennedy. The signal priority list is based upon existing
conditions and includes (CIP funding source also):
1.
2.
3.
4.
5.
6.
7.
Bascom & pruneyard
Winchester & Rincon
Campbell signal
Union and McGlincey
Pollard and Burrows
Hacienda and STAR
Campbell and Fulton
construction tax
construction tax
gas tax
construction tax
construction tax
construction tax
unfunded
The Bascom and pruneyard signal has been deferred for
two reasons: lack of staff and also the uncertainty with the
Pruneyard ownership changes. The Union and McGlincey signal
is likely to be funded by developments at the Winchester
Drive In. I believe that sufficient flexibility exists for
the city to fund a fair share of the signal at Campbell and
Fulton in lieu of the Kirkwood developer funding 100% of the
signal at the driveway (unwarranted). I believe we could
allocate sufficient construction tax funds to build this
signal in place of the Bascom/Pruneyard signal (which is
partially functional in the existing temporary signal at
Tower Records).
The signal would add approximately $2,500 per year in
operating and maintenance costs whether located at the
driveway or Fulton; ultimately we would install the Fulton
signal anyway.
The Fulton signal will partially address the problem of
very high speeds of eastbound traffic on this section of
Campbell Avenue, although traffic speeds will still be on the
order of 35 mph (the speed limit). synchronizing signals will
invariably control the higher speeds over time.
GEK: CMBLMEMO.342
Bill Helms, RE Kirkwood Plaza
May 6, 1991
Page
3
In conclusion we should follow the summary report
recommendations and implement Alternative Two: 1) install the
signal at Fulton, 2) install painted islands to channelize
left turns at the main driveway, and 3) paint an island to
prohibit left turns into or out of the Kirkwood driveway
further east. As you can see, I am not recommending that we
install any median along this portion of Campbell Avenue. By
retaining the two-way left turn lane, we avoid the access
problems a median would imply for the northside properties.
We also are not affecting nor changing the access to and from
La Pradera.
I recommend that the city fund half the signal costs
because it fully meets signal warrants. However, expediting
the installation of the signal is precipitated by the
developer's schedule, so it is proper they also participate
in the costs. If the city participates in the funding of the
signal, I recommend that we design the signal in house to
reduce costs. We will have a new engineer, and I have
allocated sufficient time in the staffing plan to accommodate
about 60 hours of his time as well as 150 hours of others'
time for design and construction management in line with the
reorganization changes we have discussed.
I also want to take this opportunity to commend Frank's
extensive work in preparing the summary report. It represents
a significant and successful investment of his time in
learning TRANSYT 7F, AutoCAD, signal warrant analysis, report
writing and generally, the analytical process for such
studies. Frank has the entire file and details for this study
should you or others need more information.
attach: Summary Report and Signal Warrant Study
cc:
Frank Robles
Kevin Comstock
GEK: CMBLMEMO.342
SUMMARY REPORT
WEST CAMPBELL AVENUE CORRIDOR STUDY
DEPARTMENT OF PUBLIC WORKS, CAMPBELL CALIFORNIA
Introduction:
Kirkwood Plaza is a shopping center located on the south side
of Campbell Ave. extending from San Tomas Aquino Road to Fulton
Avenue. The owners of Kirkwood Plaza proposed an expansion of the
center including the addition of a major supermarket. A traffic
study and staff report was completed for this expansion which
indicated that certain off site improvements were needed for
capacity and safety reasons. These improvements include
sidewalks, lighting, deceleration right turn lane for eastbound
traff ic, and a bus refuge lane. Al though the expansion was
approved by the City, other conditions needed to be addressed by
the developer because of the added vehicular trips. These trips
would increase existing traffic problems. Since these problems
should be mitigated, it is critical to resolve the issues of higher
traffic congestion from volume increases, the amount of accidents
(present and projected), and the evaluation of the existing
striping along Campbell Ave in order to accommodate the increased
demand. The present demand of vehicular traff ic along with
projected volumes generated by this development may create conflict
between the long queues of traffic and entering and exiting traffic
at the driveways. This report is presented to address these
unresolved traffic issues.
Studv Desiqn:
To evaluate what traffic improvements are needed in order to
mitigate traffic impacts of both locations, Kirkorian Development's
traffic engineer reviewed the city concerns and developed geometric
alternatives that would provide three objectives: (1) traffic
safety, (2) least amount of traffic delays in serving both the
existing (northside retail/commercial) and the proposed (Kirkorian
Plaza) retail/commercial facilities, and (3) to improve the
performance of the signal at Campbell Ave. & San Tomas Aquino Road.
DRAFT REPORT
WEST CAMPBELL AVENUE CORRIDOR STUDY
PAGE 2
The alternatives from the consultant are:
1. The installation of a signal at the main
approximately 750 feet west of San Tomas Aquino Road.
driveway
2. The construction of a raised median island with appropriate
left turn lanes at certain strategic locations in order to control
unregulated turn movements. (Agreement with city and Consultant)
3. Install a "KEEP CLEAR" pavement legend at the main driveway
of Kirkwood Plaza in lieu of a signal (Alt. 1).
The Consultant initial alternative was to allow outbound traffic
exiting from Kirkwood Plaza without changing the present geometric
of the two-way left turn lane along Campbell Ave. At that time the
city's traffic engineer concluded that the installation of a median
island was needed in order to prevent accidents from left turns
exiting from Kirkorian Plaza. The kirkwood owner objected to a
median, and an agreement was made by both parties that the City
would complete a study using various alternatives. The third
alternative to install a "KEEP CLEAR" pavement legend for eastbound
traffic at the main driveway was suggested by the developer, but
was not supported by the Consultant nor the City. After the City
obj ected to the third al ternati ve, the developer proposed the
installation of a signal at the main driveway. The City agreed to
the installation of a signal. However, the location was in
question. The consultant did not address whether the signal was
warranted at that location. Furthermore, no analysis was made of
the effect of the signal on signal progression on Campbell Ave.
should the City consider any future signal installations at other
locations along campbell Ave.
The City researched and developed several alternatives for extended
analysis including:
Alternative 1: Install the signal with variations in the
design of the median such as: (1) no median, (2) only a median for.
the directional left turn lane at the main driveway of ~~i~~(~~O~
Plaza, and (3) an extended median between La Padera and San Tomas
Aquino Road with only two openings for westbound left turns and
only one opening for northbound left turns, but with sufficient
openings to serve the north side businesses. (See Figure 1)
DRAFT REPORT
WEST CAMPBELL AVENUE CORRIDOR STUDY
PAGE 3
Alternative 2: Install a signal at campbell Ave at Fulton Avenue,
synchronize the signal with San Tomas Aquino Road in order to
provide progression along Campbell Ave. and provide sufficient gaps
for northbound traffic exiting from the main driveway onto
westbound Campbell Ave. The synchronization of both signals with
good progression could develop minimal queues of traffic and no
vehicular backup at the main driveway. The alternative also
included the installation of a median island to control access to
and from the south and provide a refuge a lane for northbound lefts
from the main driveway. (See Figure 2)
Alternative 3: Install signals at: (1) Campbell Ave. & Fulton Ave.
and (2) Campbell Ave. & the main driveway. The median island would
not be considered in this al ternati ve. The signal at Campbell Ave.
at Fulton Ave. is to meter eastbound traffic in order to reduce
long queues forming at San Tomas Aquino Road. (See Figure 3)
Subalternatives include the provision of an eastbound right turn
lane at the signal. The consultant recommended a northbound right
turn lane at the main driveway which is to be installed at any
case.
In order to evaluate these alternatives, a simulation traffic model
called TRANSYT-7F was used. TRANSYT 7F predicts traff ic conditions
for each scenario with acceptable accuracy and determines (1) the
maximum back of queue, (2) the length of gaps (in seconds) (3) the
impacts due to the installation of signals, and (4) the need for
right turn lanes.
TRANSYT used existing field traffic data along with AM & PM peak
volumes as well as the projected volumes as determined by ITE Trip
Generation Manual. Three assignments were generated by TRANSYT
and the following analysis can be used in determing the preferred
alternative.
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DRAFT REPORT
CAMPBELL AVENUE CORRIDOR STUDY
PAGE 4
Results:
Table 1 shows the relevant traffic information derived from
the TRANSYT 7F model simulations for each of the alternatives and
subalternatives.
-'
TABLE 1
RESULTS OF TRANSYT 7F RUNS FOR ALTERNATIVES
Alternative
Delay per Vehicle
EB Trfc. WB Trfc.
% Stopped
EB WB
Avg. Speed
EB WB
1. Sig.@ Main D/w 25.5 31. 6 64 51 16 14
2. sig.@ Fulton 14.5 22.6 34 38 18 14
3. sig.@ both loco 19.9 20.6 45 45 18 15
The best performance for the system on Campbell Ave. is
Alternative 2. The analysis shows that there are available gaps
at the main driveway with a coordinated signal at Fulton which
reveals sufficient unsignalized capacity for the projected 13 left
turns (peak hour) out of the main driveway. This, of course, is
assuming that a refuge storage lane is constructed for those left
turns. Table 2 below summarizes the signal warrant studies for
both the driveway signal as well as the signal at Fulton.
TABLE 2
SIGNAL WARRANT STUDIES
Location
Signal Warrant (percent met) or YES/NO
Driveway
1
79
2
97
3
N/A
N/A
5
NO
6
NO
7
NO
8
NO
9
NO
10
NO
11
NO
Fulton Ave. 82
100
4
N/A
N/A
NO
YES
NO
YES
NO
NO
YES
DRAFT REPORT
WEST CAMPBELL AVENUE CORRIDOR STUDY
PAGE 5
As shown in Table 2, only Fulton Ave. meets the warrant for a
signal.
çonclusions and Recommendations:
The study shows that Alternative 2 provides the best level of
service (LOS) for vehicular traffic on Campbell Ave. and
accommodates the additional traffic generated by Kirkwood Plaza.
This ensures that the present accident problems due to the long
queues and congestion at the intersection of Campbell Ave. & San
Tomas Aquino Road will be mitigated. Although the goals for the
study are to facilitate the needs of the community and Kirkwood
Plaza customers, Alternative 2 should provide safe gaps of
traffic for left turn movements coming from the main driveway. A
signal at the location for (Alternative 1 & 3) is not warranted and
is not recommended. Alternative 2 with the median design as shown
in Figure 2 should provide sufficient control of access to and from
the commercial uses on the north side of campbell Ave.
Synchronizing the new signal at Fulton Ave. with the existing
signal at San Tomas Aquino Road should provide minimum gaps of
traffic of 16 seconds for left turns out of the main driveway at
Kirkwood Plaza. The additional capacity provided by the eastbound
and the northbound right turn lanes coupled with optimized
progression on Campbell Avenue should reduce the long queues for
eastbound traffic in the P.M. peaks. The combination of safe gaps
for outbound left turns, the median refuge storage lane, and the
increases of capacity at San Tomas Aquino Road addresses all City
concerns with respect to the traffic impacts due to the expansion
of Kirkwood Plaza.
1
MEMORANDUM
CITY OF CAMPBELL
To:
Donald c. Wimberly
Director of Public Works
Date:
August 9,1991
From:
Gary Kruger, Traffic Engineer ~V
Subject:
Kirkwood Plaza Traffic Improvement Recommendations
----------------------------------------------------------
Attached is a longer memo and report describing the
analysis that Frank Robles completed for three alternatives
for providing safe access to and from Kirkwood Plaza without
a median as required in the condi tions of approval for the
project.
The alternatives included: 1) signalizing only the
Kirkwood driveway, 2) signalizing only Fulton, and 3)
signalizing both Fulton and the Kirkwood driveway. In all
cases the signals were assumed to be coordinated with San
Tomas Aquino Road. Additionally, a new northbound right turn
lane was assumed for San Tomas Aquino Road as required in the
conditions for approval.
Our recommendations are to signalize only Fulton,
coordinate the signal with San Tomas Aquino Road, and to
restripe the two-way left turn lane to accommodate
directional left turn lanes for the Kirkwood development
while leaving access to and from properties on the north
intact. Adding an eastbound right turn lane sometime in the
future also will have significant operational benefits, but
we are not proposing that this be done at this time.
The signal at Fulton will meet an existing need for a
warranted signal, provide ample gaps in traffic at the
Kirkwood driveways for left turns into and out of the
development, will control the high speed of eastbound traffic
west of Fulton, and will ensure that traffic from the signal
at San Tomas Aquino Road does not back past the driveways as
it does now. Overall, the results of the analysis promise
excellent traffic conditions in the area.
I believe that the developer should fund the entire
signal because it is the most efficient strategy for him to
mitigate the impacts of the Kirkwood project. However,
another approach would be to share the cost with 33% from the
city and 67% from the developer (ie. we pay for access to and
from Fulton while they accommodate Campbell Avenue traffic).
GEK: CMBLMEMO.359
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CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CALIFORNIA 95008
(408) 866-2100
Department:
Planning
September 29, 1989
Mr. Kent Kirkorian
1820 West Campbell Avenue
Campbell, CA 95008
RECEIVED
SEP 29 ¡989
Public WorU/i:ngineering
RE:
OUR FILE NO: S 89-13
SITE ADDRESS: 1604 - 1700 W. Campbell Avenue
APPLICANT: Kirkorian Development
Please be advised that the Planning Commission, at its meeting of September 26,
1989, approved your request to remodel and expand portions of the Kirkwood
Plaza Shopping Center. A copy of the approved plans is enclosed for your
reference.
Please note that this approval is effective 10 days following the Planning
Commission action and is subject to the conditions indicated in the attached
Conditions of Approval. Please note that Condition No.16 requires the
submittal of a revised site plan addressing a number of minor changes to the
plan presented to the Planning Commission. In addition, to those items
discussed in that condition, the Commission also asked that the staff work with
the applicant regarding the provision of handicapped parking spaces for this
project.
If you should have any questions regarding the Conditions of Approval, or the
Commission's decision, please do not hesitate to contact the Planning
Department at (408) 866-2140.
Sincerely,
~ð~
Enclosure:
Conditions of Approval
cc:
Fire Department
Public Works Department
Architect,Hagman Associates, 114 Santa Margarita, Menlo Park, CA 94025
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CONDITIONS OF APPROVAL - FILE # S 89-13
SITE ADDRESS: 1604 - 1700 W. CAMPBELL AVE.
APPLICANT: KIRKORIAN
PC HTG DATE: 9/26/89
The applicant is hereby notified, as part of this application, that he/she is
required to meet the following conditions in accordance with the Ordinances of
the City of Campbell and the Laws of the State of California. Additionally.
the applicant is hereby notified that he/she is required to comply with all
applicable Codes or Ordinances of the City of Campbell and the State of
California which pertain to this development and are not herein specified.
1.
FencinRs/LandscapinR: Property to be fenced and landscaped as indicated
and/or added in red on the plans. Landscaping and fencing shall be
maintained in accordance with the approved plans.
2.
LandscapinR/IrriRation: Landscaping plan indicating type and size of plant
material, and location of irrigation system to be submitted to the Planning
Department and approved by the Site and Architectural Review Committee'
and/or Planning Commission prior to issuance of a building permit.
3.
FencinR: Fencing plan indicating location and design details of fencing to
be submitted to the Planning Department and approved by the Planning
Director prior to issuance of a building permit.
4.
Performance Bond - LandscapinR. FencinR. StripinR: Applicant to either (1)
post a faithful performance bond in the amount of $20,000 to insure
landscaping, fencing, and striping of parking areas within 3 months of
completion of construction; or (2) file written agreement to complete
landscaping. fencing. and striping of parking areas. Bond or agreement to
be filed with the Planning Department prior to application for a building
permit.
5.
Utility Boxes: Applicant to submit a plan to the Planning Department.
prior to installation of PG&E utility (transformer) boxes. indicating the
location of the boxes and screening (if boxes are above ground) for
approval of the Planning Director.
6.
Mechanical EQuipment/Utility Meter ScreeninR: All mechanical equipment on
roofs and all utility meters to be screened as approved by the Planning
Director.
7.
ParkinR/Driveways: All parking and driveway areas to be developed in
compliance with Chapter 21.50 of the Campbell Municipal Code. All parking
spaces to be provided with appropriate concrete curbs or bumper guards.
8.
Utilities: Underground utilities to be provided as required by Section
20.36.150 of the Campbell Municipal Code.
9.
Utilities: Plans submitted to the Building Department for plan check shall
indicate clearly the location of all connections for underground utilities
including water. sewer, electric, telephone and television cables.
CONDITIONS OF APPROVAL - S 89-13
1604 - 1700 W. CAMPBELL AVENUE
KIRKORIAN DEVELOPMENT
PC MTG: 9/26/89
PAGE TWO
10. SiRninR: Sign application to be submitted in accordance with provisions of
the Sign Ordinance for all signs. No sign to be installed until
application is approved and permit issued by Planning and Building
Departments (Section 21.53 of the Campbell Municipal Code).
11. GarbaRe Collection: Ordinance No. 782 of the Campbell Municipal Code
stipulates that any contract for the collection and disposal of refuse,
garbage, wet garbage and rubbish produced within the limits of the City of
Campbell shall be made with Green Valley Disposal Company. This
requirement applies to all single-family dwellings, multiple apartment
units, to all commercial, business, industrial, manufacturing, and -
construction establishments.
12. Trash Containers/Enclosures: Trash container(s) of a size and quantity
necessary to serve the development shall be located in area(s) approved by
the Fire Department. Unless otherwise noted, enc1osure(s) shall consist of
a concrete floor surrounded by a solid wall or fence and have self-closing
doors of a size specified by the Fire Department. All enclosures to be
constructed at grade level and have a level area adjacent to the trash
enclosure area to service these containers.
4
13. Handicapped ReQuirements: Applicant shall comply with all appropriate
State and City requirements for the handicapped.
14. Property Security: The applicant is hereby notified that the property is
to be maintained free of any combustible trash, debris and weeds, until the
time that actual construction commences. All existing structures shall be
secured by having windows boarded up and doors sealed shut, or be
demolished or removed from the property. Sect. 11.201 & 11.414,1979 Ed.
Uniform Fire Code.
15. Trash Enclosure Security: Applicant to provide on-site security to monitor
illegal disposal of trash and debris at rear of shopping center. In the
event that a trash problem exists in the future, as recommended by the
Planning Director or Fire Marshall, applicant shall provide security
fencing and/or monitoring.
16. Revised Site Plan: A revised site plan indicating minor adjustments to
improve fire truck circulation, relocation of the trash compactor at
Whitwood Lane, incorporation of 10 square feet 1andscappe parkway path
along San Tomas Aquino Road and distinctive pavement treatment at project
entry to be submitted to the Planning Department and approved by the Site
and Architectural Review Committee prior to application for building
permit.
RECOMMENDED FINDINGS - S 89-13
1604 - 1700 W. CAMPBELL AVENUE
KIRKORIAN DEVELOPMENT
PC KTG: 9/26/89
PAGE THREE
Public Works
17. Obtain an excavation permitt pay fees and post surety to relocate the face
of curb on Campbell Avenuet install electrolierst reconstruct sidewalk on
project frontage and relocate driveway opening as directed by the City
Engineer.
18. Apply for vacation of a portion of Campbell Avenue to accommodate curb
relocation.
19. Construct median island on Campbell Avenue project frontage.
20. Modify intersection striping at Campbell Avenue and San Tomas Aquino Road
as directed by City Engineers.
Fire Department
21. Fully supervised fire sprinkler protection is required throughout the
facility.
22. On-site fire hydrants are required. U.F.C.t Section 10.301(c).
:
!'
23'. No parking signs and curb marking required.
24. Provide an allowable area study as per UBC 507.
25. Wall opening protection shall be provided at property lines including
covered walkways extending across property lines by hardware store.
26. The fire sprinkler system shall include UtI hose outlets.
10.311(f).
U.F.C.
27. Access driveways do not provide adequate room for fire apparatus access.
U.l.C. 10.207(g)~
BuildinR Department
28. Meet minimum code requirements at time of technical review.
29. Walkways in front of Nob Hill must be maintained at 5 feet width since the
occupant load exceeds 300. Obstructions from cart storaget columns and
possibly the room at the store fronts appear to present problems with the
requirement.
30. All stairs and exits shall comply with U.B.C and Handicapped codes.
City of CamfJIJell
City
Council
Report
Item:
Category:
Date:
Consent Calendar
October 1, 1991
street Improvement Agreement with Mayfair Markets for
Campbell Avenue and San Tomas Aquino Road
(Resolution/Roll Call)
RECOMMENDATION
Title:
1. Adopt the attached resolution releasing Mayfair Markets from
an agreement to install street improvements adjacent to 1600
West Campbell Avenue.
DISCUSSION
On December 7, 1959 Mayfair Markets was required to install
street improvements as a condition of approval to construct a
shopping center at the southwest corner of Campbell Avenue and
San Tomas Aquino Road. An agreement for street improvements was
executed and recorded on March 16, 1960. Although the particular
improvements contemplated by that agreement were subsequently
installed, the recorded agreement continues to be reported in
prelininary title reports as a cloud on the title to the
property.
The current owners have requested that the City take the
appropriate action to remove the agreement from the record. The
attached resolution declares the agreement null and void through
performance of its terms.
FISCAL IMPACT
None
Prepared by:
Approved by:
Eng. Tech
Pub. Wks. Dir
City Manager
- . . ~J1M~!)J;.s.;æy.; This document ñæ
10 BE RECC!~JEO ""::r: ¡Dol been ccH1par~å with the original.
SECTION 610J CO' '::~:'~' 'SAN1JA'CLABA COUNTY HECOBDER
11225693
fILE 1\ " ,
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AT REO/JI~ST OF
IT THE RECUt',,! (')~ (T' C'--
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FEB 5
3 25 PH '92
Ciì\¿ Or- G)!j,Fbtc;_\-
70 N. FH~ST STFE£T
CAt/IF-BeLL. :,;/'. c5CiJ8
RESOLUTION NO
R17Ll
0 ~' ¡.' I, .' R Q ,
" A N'~',.' -' , S
v 'I,i:; C,~F:A COUHTY
UURIE ~ANE
RECOHOfR
BEING A RESOLUTION RELEASING MAYFAIR
MARKETS FROM AN AN AGREEMENT FOR STREET
IMPROVEMENTS AT 1600 WEST CAMPBELL
AVENUE
BE IT RESOLVED, by the City Council of the City of Campbell,
California as follows:
1.
The City of Campbell does hereby release Mayfair Markets,
their heirs successors, or assigns from all obligations
contained in that agreement recorded March 16, 1960 in Book
4729 at page 746 et seq and terminates said agreement.
PASSED AND ADOPTED this
following vote:
1st
day of
October
, 1991 by the
AYES: Councilmembers Ashworth, Burr, Conant, Kotowski
NOES: Councilmembers None
ABSENT: Councilmembers Watson
APPROVED:
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,<' , L-c-?:-=-- \,/ / . cß~
Michael F. Kotowski, Mayor
ATTEST:
THE FOREGOING INSTRUMENT IS A TRUE
AND CORRECT COpy OF THE ORIGINAL
ON FILE IN THIS OFf1CE,
ATTEST: BARBARA OLSASKY, CITY CLERK,
CIT, 1OF CA/I,P6ELL, CNJFORNIA.
"r' '~~ \\w?î I~~-t G;:,,\ (lÙ
DArE \\\ \\\C\.\ \..) "-J
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ClI}' O/C'IlIlZ!¡Uel!
City
C ou ncil
Report
Item:
Category: consent CalerDar
IBte: December 9, 1991
Title:
K:i.rkwcod Plaza Stmm Drain ~~ RecxnveyanCe
(Resolution/ROII call Vote)
REXXHŒH}ATIaf
Adopt the attached resolution authorizin1 the Mayor to execute a deed
reconveyin1 an unused stenn drain ea~-nt across private property
back to the owner, Marguri te Kirkorian.
.¡
DISaESIaf
In September of 1959 the Kirkorians granted, to the City, a stenn
drain easeœnt across Kirkwood Plaza c:onnectin;J Whitwocxi lane with
Campbell Avenue. Although the historical record is i.nc::anplete this
appears to have been done as a contin1ency plan in case the proposed
stenn drain system proved inadequate .
No facilities were ever installed in the easement. '!he system in
Whitwocxi lane was subsequently connected to Ð.1cknal1 Avenue maJdn;J
the easement unnecessary.
since the easement has never been used for the p.trpœe for which it
was granted, ani no such use is anticipated in the future, it is
recomrnerrled that we c::c:mply with the owner's request to reconvey
title.
FISCAL IMPAcr
None
~by:þ~,¡J~
J..I1eerl.I1CJ cJ.an
Approved by:
Public Works Director
City Manager
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RESOIlJI'ION NO.-
BEING A RESOIlJI'ION RB:nNEYING A
SID.RM DRAIN FASEMENI' AT 1700 WEST
CAMPBE[L AVENUE 'ID MARGUERITE
KIRKORIAN
BE IT RESOLVED, by the City Colmcil of the City of ~ll,
Califonåa as follows:
1.
. '!he City of CanPJeII does hereby recorwey to Marguerite
Kirkorian a portion of that certain storm drain
easenent described in Exhibit "A" attached and
incorporated herein as though fully set forth.
PASSED AND AOOPI'ED this
following vote:
day of
, 1991 by the
AYES : Colmcilmembers
NOES : eouncilmembers
ABSENT: eouncilmembers
APPROVED :
Donald R. Burr, Mayor
ATI'EST :
Barbara Olsasky, City Clerk
EASEMENT REXDNVEYANCE
We the City of Ca1\¡t)e11, a municipal
corporation do hereby recorwey to
Marguerite Kirkorian that certain storm
drain easement situate in the City of
Ca1\¡t)e11 , Co\mty of Santa Clara, State
of california, described as follows;
All that certain real property described in deed to the City of
Ca1\¡t)e11 filed in the office of the Recorder of the Co\mty of Santa
Clara, on september 2, 1959 in Book 4533 at page 174:
EXcEPl'ING 'lHEREF'RGi the portion of said storm drain easement that
lies within Whi twood lane, as said lane is shoÑ11 on that certain map
of Tract No. 2991, Kirkwood Plaza Unit No.2, a copy of which was
filed in the office of the Recorder of the Colmty of Santa Clara on
January 11, 1962 in Book 142 of Maps at page 4 described as follows:
A strip of land of the uniform width of 10 feet the centerline of
which is described as follows:
BOOINNING at a point on the m::st westerly boundary of said storm
drain easement granted to the City of Ca1\¡t)e11, said point being
South 2° 29' 45" Fast, a distance of 5.00 feet from the centerline of
said Whi twood lane;
'!HENCE North 87° 30' 15" East, parallel to said centerline of
Whitwood lane a distance of 195.00 feet, nore or less, to a point on
the easterly boundary of said Whitwood lane;
Extending and shortening the sidelines of said 10 foot strip of land
so as to terminate at said easterly boundary of Whi twood lane.
EXuá?l'ING 'lHEREF'RGi also the portion of said storm drain easement
that lies within Ca1\¡t)e11 Avenue, as said avenue was widened by that
certain Grant Deed to the City of Ca1\¡t)e11 filed for record in the
office of the Recorder of the Colmty of Santa Clara on December 19,
1963 in Book 6316 of Official Records at page 317, described as
follows;
A strip of land of the uniform width of 10 feet the centerline of
which is described as follows;
BEGINNIN3 at the point of intersection of the centerline of aforesaid
storm drain easement with the southerly line of eëmpJell Avenue, 50
feet wide, as said avenue is sharm on that certain map of Tract No.
2522, Kirkwood Plaza Unit No.1, a ropy of which map was filed in the
office of the Recorder of the Co\mty of Santa Clara on August 26,
1959 in Book 111 of Maps at page 9;
'nIENCE South 2° 25' West, a distance of 31.00 feet, nore or less, to
the southerly line of eëmpJell Avenue as sharm on that certain Parcel
Map filed in the office of the Recorder of the Comrty of Santa Clara
on July 30, 1991 in Book 629 of Maps at page 16:
ExtendirxJ and shortening the sidelines of said 10 foot wide strip of
land so as to terminate at the property line.
Witness our hand this
day of
, 1991.
city of eëmpJell:
IX>nald R. Burr, Mayor
Barbara Olsasky, City Clerk
NOTARY FOR MUNICIPAL CORPORATION SIGNATURE
STATE OF CALIFORNIA
)
)
County of
)
On this
day of
. 19-----. before me,
, a Notary Public in and for the County of
, State of California, residing therein, duly
commissioned and sworn, personally appeared Donald C. Wimberly known to me
(or proved to me on the basis of satisfactory evidence) to be the person
---who executed the within instrument on behalf of the Director of Public
Yorks of the City of Campbell and acknowledged to me that the City of
Campbell executed it.
IN YITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the aforesaid County and State the day and year in this
certificate first above written.
Notary Public in and for the
County of
State of California
My commission expires:
"NOTARY SEAL"
GRANT DEED
MARGUERITE KIRKORIAN does hereby grant
to the CITY OF CAMPBELL a municipal
corporation, County of Santa Clara,
State of California for street purposes
all that certain real property described
as follows:
Parcell.
BEGINNING at the southeasterly corner of that certain parcel granted
to the City of Campbell for street purposes on December 19, 1963 by
deed recorded in Book 6316 of Santa Clara County Official records at
page 317, said corner being a point on the southerly line of Campbell
Avenue;
THENCE along a curve, tangent to said southerly line of Campbell
Avenue concave southerly, with a radius of 160.27 feet, through a
central angle of 18° 10' 41" an arc length of 50.85 feet to a
compound curve to the right;
THENCE, along a tangent curve, concave northerly, with a radius of
160.27 feet, through a central angle of 1° 10' 54" an arc length of
3.31 feet;
THENCE, North 87° 35' East, along a line parallel with the
centerline of said Campbell Avenue and distant therefrom 49.00 feet,
a distance of 98.16 feet more or less to the intersection of the
easterly line of that certain parcel described in Deed recorded June
12, 1959 in Book 4448 of Santa Clara County Official Records at page
341;
THENCE, North 2° 30' East, along said easterly line a distance of
9.00 feet to the northwest corner of that certain parcel of land
described as parcell in that certain Grant Deed to the City of
Campbell recorded on March 16, 1960 in Book 4729 in Santa Clara
County Official Records at page 742;
THENCE, South 87° 35' West, along said southerly line of Campbell
Avenue a distance of 45.00 feet to the Point of Beginning:
Containing an area of 725 square feet more or less.
Parcel 2.
All that certain real property situate in the City of Campbell,
County of Santa Clara, State of California described as follows:
Beginning at the southwesterly corner of that parcel described as
parcel 2 in that certain Grant Deed to the City of Campbell recorded
on March 16, 1960 in Book 4729 in Santa Clara County Official Records
at page 742 said corner being a point on the westerly line of San
Tomas Aquino Road as shown on that certain Parcel Map filed on July
15, 1969 in the Office of the Recorder of the County of Santa Clara
in Book 256 of Maps at page 18;
THENCE, North 0° 09' East, along said westerly line of San Tomas
Aquino Road, a distance of 187.20 feet;
THENCE, South 87° 35' West, parallel with the centerline of aforesaid
Campbell Avenue, a distance of 9.00 feet;
THENCE, South 0° 09' West, parallel with the centerline of said San
Tomas Aquino Road and distant therefrom 54.00 feet, a distance of
187.20 feet;
THENCE, North 87° 30' East a distance of 9.00 feet, more of less to
the Point of Beginning:
Containing an area of 1,685 square feet, more or less.
Witness my hand this /3;r:d day of ¿/-~~
, 1990.
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LAND TO BE GRANTED TO THE
CITY OF CAMPBELL
INFORMATION PLAT BASED ON RECORD DATA
P. O. 8.
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SCALE: 1"""'-:: 100.1
DATE: Jc)NE 1990
DR. BY: J. P.
CK. BY:
NOTARY FOR INDIVIDUAL SIGNATURE
STATE OF CALIFORNIA
I
t ss.
I
County of ~Ú/l--(/ftÁ- 4Jjb/v~
On this Ii?' day of (k~ , 19 '7':/ , before me, ~/l7()~.'
a Notary Public in and ~the County of ,~Cl~~- ~~ ,Stat of
California, residing therein, duly commissioned and sworn, personally appeared
m tU ý1U~. - J1~ cJt¿å~A.-
/ /
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person whose name ~subscribed to the within instrument and acknowledged
~LL
executed the same.
to me that
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal of
the aforesaid County and State the day and year in this certificate first above
written.
County Of~~~ !ß¿1A--
State of California
IINOTARY SEALII
My commission expires b4/~ do 177.::'
() -- ~
~Qß~~!i~!i!
THIS AGREEMENT (identifi d as No. Bknl 25) made and entered
into this /3~ day of. , 19 9 (), by and
between MARGUERITE KIRKO hereinafter referred to as
"Owner," and the CITY OFLCAMPBELL, a municipal corporation of
the County of Santa Clara, State of California, hereinafter
referred to as "City."
WHEREAS, on September 26, 1989 the City Planning Commission
granted conditional approval of S 89-13 to remodel portions of
the shopping center sited on land described in that certain
Reconveyance Deed to Ira and Marguerite Kirkorian filed for
record on September 16, 1987 in Book K295 of Santa Clara County
Official Records at page 707,and commonly known as 1604-1700
West Campbell Avenue, which property is hereinafter referred to
as "said real property";
WHEREAS, condition 19 of the approval of said S 89-13
required the construction of a median island on Campbell Avenue
project frontage and;
WHEREAS, an area-wide traffic study has been undertaken by
Owner and City, jointly, to determine the relative desirability
of a median island contrasted to alternative methods of traffic
impact mitigation;
WHEREAS, compliance with the terms and conditions of this
agreement are conditions to the approval of said SM 89-13;
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED
APPROVAL, and satisfaction of the conditions to that approval,
(1) Owner shall remove and replace, provide, construct
and/or install at his own proper cost and expense, public
street improvements including, but not limited to, curb,
gutter, sid~walk, street pavement, electroliers, median islands
and landscaping as shown on City approved plans for S 89-13.
(1.1) Except for the median island, all work listed above
shall be completed within 12 months from the date first
mentioned hereinabove; provided, however, that in the
computation of said 12 months period, delays due to, or caused
by acts of God, viz., unusally inclement weather, major
strikes, and other delay beyond the control of Owner or his
successors shall be excluded.
(1.2)Median island construction shall be deferred pending
the outcome and evaluation of the joint traffic study. Owner
shall install the median island, or participate to an equal
extent in the jointly determined alternative, when owners or
their successors are notified to do so by the City Engineer;
(1.3) Median islands shall be constructed and/or installed
within 12 months from the date that Owners, or their
successors, are notified by said City Engineer to do so;
provided however, that in the computation of said twelve-month
period, delays due to or caused by acts of God, viz., unusually
inclement weather, major strikes, and other delay beyond the
control of Owners shall be excluded.
(1.4) It is further expressly understood that the purpose
of this agreement is to defer construction of the
above-mentioned median island until some future date more
conducive to the overall needs of the City of Campbell. In
keeping with this understanding, the right of the City to give
any of the notices specified herein in Section (1.3) of this
Agreement to install such improvements, or to require
construction or installation of such improvements, or to
install such improvements itself and recover the costs thereof
shall not be barred by the passage of time or delay by the
City, but shall remain open and enforceable indefinitely and
forever. It is also understood that the passage of time or any
delay caused by the City shall not relieve the Owners, or their
successors, from performance under this Agreement, but that the
Owners, and their successors, shall remain bound indefinitely
and forever. Any increased construction or preparation costs
caused as the result of the passage of time shall be the
resopnsibility of the Owners, and their successors.
(1.5) Nothing herein shall be deemed to prohibit
construction of said improvements prior to notice by the City
Engineer to construct or install such improvements, provided
that prior to such installation, all of the provisions of
2
Section (3) shall be satisfied.
(2) It is expressly understood and agreed to that if
Owner shall fail to complete the work required by this
Agreement within the said 12 month period, the City, after
giving ten (10) days' written notice thereof to Owner, or his
successors, may construct and/or install said improvements and
recover the full cost and expense thereof from owner, or his
successors.
(3) Prior to approval of the plans by the City Engineer
Owner, or his successors, shall pay to the City for
examination of improvement plans, field inspection of
construction of improvements and all necessary expenses
incurred by City in connection with said improvements, a sum in
the amount of seven percent (7%) of the estimated cost of the
improvements at the time of construction.
(4) Owner, or his successors, shall file with City, upon
execution of this Agreement, surety acceptable to the City in
the amount of ONE HUNDRED NINTY-THREE THOUSAND DOLLARS
($193,000.00) to insure full and faithful performance of the
construction of all the aforementioned improvement work,
excluding sanitary sewers and water distribution system. Said
surety shall guarantee that Owner, and his successors, will
correct any defects which may appear in said improvement work
within one (1) year from the date of acceptance of the work by
City and pay for any damage to other work resulting from the
construction thereof, as well as pay the cost of all labor and
materials involved. This surety shall remain in effect until
one (1) year after date of final acceptance of said
improvements by City. Said surety amount may be reduced by the
City Engineer after the date of final acceptance to not less
than twenty-five (25) percent of its full value.
(5) Upon final release of said surety by City, the
obligations of Owner, and his successors, contained in this
Agreement shall be considered null and void.
(6) Owner, or his successors, shall make such deposits
or file such bonds and enter into such agreement as required by
Sanitation District No.4 of Santa Clara County to insure the
installation of a sanitary sewage system to serve said real
3
property, and Owner, or his successors, shall file with City,
upon execution of this Agreement, a letter from said Sanitation
District No.4 stating that Owner, or his successors, have made
such deposits or filed such bonds and entered into such
agreements.
(7) Owner, or his his successors, shall pay to Pacific Gas
and Electric Company any and all fees required for installation
of underground wiring circuit to all electroliers within said
real property when Owner, or his successors, is notified by
either the City Engineer or the Pacific Gas and Electric
Company that said fees are due and payable. Owner's, and his
successors', obligations under this section shall not be
relieved by delay or the passage of time, but shall remain
binding indefinitely and forever.
(8) Owner, or his successors, shall make such deposits
or file such bonds and enter into such agreement as required by
San Jose Water Company when called upon to do so to insure the
installation of a water distribution system to serve said real
property, including fire hydrant. Owner's, and his
successors', obligations under this section shall not be
relieved by delay or the passage of time, but shall bind Owner
and successors indefinitely and forever.
(9) Any easement and right of way within or without said
real property necessary for the completion of the improvements
shown upon aforesaid improvement plans shall be acquired by
Owner, or his successors, at his own cost and expense. It is
provided, however, that in the event eminent domain proceedings
are required for the purpose of securing said easement and
right of way, Owner, or his successors, shall deposit or cause
to be deposited with City a sum covering the reasonable market
value of the land proposed to be taken and to be included in
said sum shall be a reasonable allowance for severance damages,
if any. It is further provided that in addition thereto such
sums as may be required for legal fees and costs, engineering
and other incidental costs shall be deposited with the City.
(10) Owner, or his successors, shall carry out any and
all negotiations with all interested parties and shall perform
or cause to be performed at his own cost and expense and to the
satisfaction of the City Engineer any and all work required to
abandon, remove, raise, lower, relocate and otherwise modify
irrigation line or lines within the boundary of said real
4
property.
(11) To the fullest extent permitted by law, Owner, and
his successors, shall indemnify, defend and hold the City of
Campbell, and its agents, employees, attorneys, officers,
officials and assignees harmless from any and all claims,
damages, losses and expenses, including, but not limited to,
attorneys' fees, arising out of, or resulting from any
negligent or intentional act or omission (including misconduct)
of said Owner, or his successors, or any subcontractor, or
anyone directly or indirectly employed by him, or anyone for
whose acts any of them may be liable in the course of
performance of the Agreement.
The Owner, and his successors, shall also indemnify, defend
and hold the City of Campbell, and its agents, attorneys,
employees, officers, officials, and assignees harmless against
and from any and all claims, demands, liabilities, losses,
lawsuits, judgments, damages, costs and expenses (including,
but not limited to, attorneys' fees and court costs, whether
incurred at trial, appellate or administrative levels) which
the City of Campbell may incur or suffer, or to which the City
of Campbell may be subjected resulting from the failure of
Owner, or his successors, or his agents, employees,
subcontractors, or anyone performing services under him, to
fulfill any of the obligations imposed under this Agreement.
(12) It is acknowledged that the provisions of this
Agreement constitute covenants for the improvement of the
subject real property for the mutual benefit of Owner's
property, commonly known as 1604-1700 West Campbell Avenue,
and the City's property, commonly described as West Campbell
Avenue where it adjoins Owner's property. These covenants
shall be considered to affect rights in the above-described
real properties, and shall be binding on the heirs, assigns,
successors, and grantees of Owner to said real property.
(13) Nothing contained herein shall be construed to transfer
any unvested interests in real or personal property for
purposes of the rule against perpetuities.
(14) In the event that Owner, or his successors, should
breach any of the terms, conditions, or covenants of this
Agreement, the City shall be entitled to recover, in addition
to any other relief available in law or equity, all costs
~
incurred in attempting to obtain enforcement of the Agreement,
or compensation for such breach. These costs shall include
reasonable attorneys' fees and court costs.
(15) This is the entire Agreement between the parties, and
there are no representations, agreements, arrangements or
understandings that are not fully expressed herein.
(16) This Agreement can be executed in counterparts by the
parties hereto, and as so executed shall consist of one
agreement, binding on all the parties.
IN WITNESS WHEREOF, said City has caused its name to be
affixed by its Mayor and City Clerk, who are duly authorized by
resolution of the City Council, and said Owner has caused his
name to be affixed the day and year first above written.
OWNER:
CITY OF CAMPBELL
/
John J. Ashworth, Mayor
Barbara Olsasky, City Clerk
APPROVED AS TO FORM
William R. Seligmann
City Attorney
NOTARY FOR INDIVIDUAL SIGNATURE
STATE OF CALIFORNIA
I
I ss.
I
County of \~fa-'7-1.-~-;- M:/lA~
On this /;:>: day of ,L "veL ',191'0 , before me~£¿7{)~ "
a Notary Publ i c in and/¥or the County of ¿;¡;¿-/A.-'{;;~ {!A~ , State of
California, residing therein, duly commissioned and sworn, personally appeared
'--J;r rJ¿ /¡¿Æ:'ê (l-tü:V-
personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person whose name ~ subscribed to the within instrument and acknowledged
to me that ~~,¿fLc- executed the same.
IN WITNESS WHEREOF, I have hereunto set mY hand and affixed my official seal of
the aforesaid County and State the day and year in this certificate first above
written.
ItNOTARY SEALIt
County Of~<-t?'- ~? '1
State of California
My commission expires {Í¿f'Ui4C If' 3'0 /<7:7 ~
,;/ /