1620 LaPradera Dr. (1965)
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~ » CITY OF CAMPBELL
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REVENUE ACCOUNT NO. í
II-
FUND NUMBER
THIS RECEIPT
MUST BE MACHINE
VALIDATED AND
SIGNED BELOW.
APR 15 -66
APR 15-66
81 001 A ***277.50
65 001 A *** 170.00
~ CHECK
0 MONEY ORDER
0 CASH
No. 215 9
Thank You
CITY OF CAMPBELL
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BY
LAW OFFICES
MANNINA S TAMBLING
11' J~~
1l' ~¿ iL ' i1 ,//"~'
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HAR.R.ETT W. MANNINA
DON A. TAMBLING
SUITE 110 EMPIRE BUILDING
510 NORTH FIRST STREET
SAN JOSE, CALIFORNIA 95112
294-5061
June 21, 1968
City of Campbell
75 North Central Avenue
Campbell, California 95008
Attention:
Mr. Thomas S. Prebil, Jr. Civil Engineer
Public Works Department
Gentlemen:
This is to advise you that I represent Elvin Crema, the
owner of certain premises located at 1620 LaPradera Drive,
Campbell, California. On April 8, 196&, he received a
letter from the City of Campbell requesting a payment of
the sum of $170.00 for a storm drain fee and the sum of
$277.50 for a driveway approach and 5' of 10' commercial
sidewalk for a total of $447.50. I have in my possession
a receipt dated April 12, 1966, receipt No. 4626 from the
City of Campbell acknowledging payment of the total sum
of $447.50.
I am advised by my client that none of the work has been
performed and it certainly seems to me that more than a
reasonable time has elapsed within which the work could
have been performed and completed.
Demand is hereby made upon you to immediately commence
the work for which my client paid more than two years
ago. You are further advised that my client has sustained
damages due to the poor street conditions in that he has
recently lost a tenant.
HWM: SA
CC City of Campbell, Planning
Very truly yours,
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HARRETT W. MANNINA /.9.<¿/j'~ t( .
Dept.
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!!M.Q
September 30, 1966
TOI
William G. wren, Acting Director of Public Works
PROM I
Prank T. Lewis, Associate Civil Engineer
SUBJBCTI
Street Impro".ent. on La Prac!era Drive
Dur1n( your ab.ence, the C1ty Man898r d1rected me to
d1.cover and report on the historical facts and present status
of the La Pradera Drive street ~ravements.
Attached is the histor ieal outline prepared by Chuck
Gamez. This 1s, I feel, an accurate compilation of the var1ous
decisiona and of the fees paid to the C1ty. I !DU8t add that
the total SUID of $10,215.17 that Ws paid to the City has
been absorbed and that no monies have been encumbered, reatr1cted,
or held in a special account for the purpose that it was intended.
Also attached 18 a ah..t showing various important
facts about each parael in the area bounded by Campbell Avenue,
Ban Tomas Aquino Road and Ia 'raciera Drive.
I will attempt to outline the significance of these
fiqures.
"C.A.P. Nwnber"
County Asse8sor '. Parcel N'umber for each
parcel.
our a.si9Ded number for each of the parcels
that have pa..ed through this off1ce.
Acres in each parcel.
This shows the amounts cnMd by each parcel
and the amounts that have been paid by ..ch
parcel.
"Status of Dnprov." Shows 1f they are improved or not.
"Deposit for S/w" If the parcel has deposited any money
for their portion of . ten foot s1dewalk.
"Devel. 5umber"
"Approx. Acre."
"storm Drain
Peen
On the right had side of the sheet, please find the total
amount expended by the City for street improvements on La Pradera.
Also there is an est.1mate of street improvements for the com-
plet10n of this street.
Item 1 through 5 could be constructed immediately if funds
were made available. The reasons in the past for deferral of
these improvements was the conflict with the future services
involved. I do not feel this is a valid reason at present
, because I
1. We can 8afely provide for 8etrMraqe, at this time, with
a min1mwn expense. Also an expense we may be able to recover
upon development.
1 of 2
.
.
i
2. The g.s and water companie. will be excavatin( hole.
in the pre.ent paV8l8nt no matter what we do. They may
easily jack from the 4evelopnent a1de to their main8 at such
t1me that it is n..ded.
3. If aidewalk 18 left out of th1s project, we would be
in a better POaition t.o add it upon development.
4. I ~.el that the r..80na above plus the following
advantages. Dust, d1rt, and maintenance problems will be
corrected.
5.
Storm draina(e faoilities ~roved.
A sater traff1c carrying facility.
6.
7. It puts the burden of future development upon those
parcels that develop.:1. It would relieve tile City trom holding
money tor an unde1:ermined leng'th of time.
8. It would clarify a contused and chaotic condition
that naw.xi.ts with each development application. This is
pointed out by the fact that we 414 not cond1tion various
developers with the respons1bility of street lights and their
underground appurtenances. A condition that should exist.
It i8 with these thoughts in mind that I would recommend
we construct Items 1 through 5 a8 soon aa funds are made
available.
I have worked on the financing and will discuss 1t with
you if you desire. Also I would like to know if you want me
to send a report to the City Manager.
Respectfully submitted,
Frank T. Lewis,
Aasoc1ate Civil Engineer
FTL:cb
2 of 2
September 22, 1966
TO:
Frank T. Lewis, Associate Civil Engineer
FROM:
Cruz S. Gomez, Jr. Civil Engineer
SUBJECT:
La Pradera Dfive Street Improvement
The site of the street improvements referred to in this
report is the southerly and southeasterly one-half of La Pradera
Dtive between San Tomas Aquino Road and Campbell Avenue, and the
scope of the street improvements referred to hereon are Portland
Cement concrete curb and gutter, four and one-half foot sidewalk,
driveways, roadway excavation, relocation of storm water inlet,
placement of asphaltic concrete pavement on untreated crushed rock
base, and construction of standard guard rail fence. The estimated
cost of the construction and/or installation of the above improvements
were computed to be Ten Thousand One Hundred Dollars.
The intent of this report is to ascertain the current status of
the street improvement cited above within the above limits, together
with and giving consideration to any money received in the form of
cash payments, bonds posted, and/or agreements entered into therefor.
The inception of the street improvements mentioned hereon was
at the time when Tract No. 1602, Los Ranchitos Gardens, Unit No.2,
was presented to the City of Campbell for approval. By an agreement
entered into by and between El Rio Development Company and the
City of Campbell on November 21, 1955, with which a Faithful
Performance Bond in the amount of Seventy- Four Thousand Dollars
($74,000.00) was furnished. El Rio Development Company was
subsequently succeeded by the Trojan Construction Company. Resolution
No. 255 passed upon and adopted on November 28, 1955, authorized
the City's entry into the Agreement and the City approved the final
map thereof. These improvements were also covered by an agreement
entered into by and between the City and Trojan Construction Company,
successors of El Rio Development Company, on April 8, 1957.
Trojan Construction Company entered into this agreement in order
to receive City's approval for Tract No. 1671, Los Ranchitos Gardens,
Unit No.3. The final map was approved and the City authorized
entry into this agreement by virtue of Resolution No. 417, adopted
April 8, 1957. Trojan Construction Company posted a Forty-Seven
Thousand Five Hundred Dollars ($47,500.00) Faithful Performance Bond
with this agreement.
It appears that there was disagreement among the City officials
as to what exactly had been approved on the tentative map for the
Los Ranchitos subdivisions concerning the area bounded by La Pradera
Drive, San Tomas Aquino Road, and Campbell Avenue. However,
it apparently was obvious that it would develop into a shopping center.
This area was subdivided peace meal by sales to prospective developer,
the first of which was the service station and then the speedy food
market. It appears that when these parcels were sold to these
prospective developers, there was a clause to the effect that they
would pay for the street improvements which pertained to their
property, however, the City did not release Trojan Construction
Company from their agreements or bonding on their request because
the City could not be assured that the improvements would be
paid for by anyone else other than Trojan Construction Company.
Trojan Construction Company had agreed, in the original
agreements, to construct the street improvements by April, 1958,
barring any inclement weather; however, in February, 1958, they
requested an extension of time which the City Council denied which
led to an amendment of the original subdivision agreement. In
May, 1959, construction had not yet commenced and the matter was
referred to the City Attorney for prosecution. The City Attorney
initiated the action by telling Trojan Construction Company that
unless they commenced construction the City would ask the bonding
company, Insurance Company of Glen Falls, New York, to install
the improvements, or take them both to court for default of
contract. Subsequent to this, the City made an offer to Trojan
Construction Company to amend the agreements and to release Tract
No. 1602 and 1671 from their bonds if Trojan Construction Company
would provide another smaller bond for the improvements of the
South one-half of La Pradera. In lieu of this, however, an
amended agreement was entered into in June, 1961, which provided
that Trojan Construction Company would pay the City Ten Thousand
One Hundred Dollars ($10,100.00) and the City would get the
improvements installed. This money was to be paid as follows:
Three Thousand upon the execution of the agreement, which was paid
on June 6, 1961, and the balance, within six months from June 12, 1961,
the date of execution of the agreement. Trojan did not fulfill his
obligations and the Mayor, Henry A. Weitzel, with the Council's
consent arranged for Trojan Construction Company to pay the
Seventy-one Hundred Dollars which remained outstanding in the
following manner: Eleven Hundred Dollars, which had been
submitted January 31, 1962, and the remaining Six Thousand Dollars
in six monthly installments, together with six per cent interest per
annum beginning March 10, 1962. This, according to the records at
our Finance Office, was done. I was able to find records that
indicate that Trojan Construction Company submitted payments as
follows:
'$3,000.00
$1,100.00
$1,039.00
$1,016.67
$1,026.67
$1,021.50
$1,006.00
$1,005.33
on June 12, 1961, Receipt No. 5262
on February 13, 1962, Receipt No. 5645
on March 26, 1962, Receipt No. 5725
on April 15, 1962, Receipt No. 5763
on May 24, 1962, Receipt No. 5850
on July 9, 1962, Receipt No. 5921
on July 24, 1962, Receipt No. 5959
on August 27, 1962, Receipt No. 6013
Of interest in this matter is that it appears that it was
the City Attorney's opinion that the City could not charge a storm
drainage area fee. Also, the Ten Thousand One Hundred Dollar
estimate did not provide for any underground utilities such as
storm drainage, sanitary, which were, in except for laterals and
catch basins, gas mains or services, water mains or services,
electrolier or bases, or the additional four and one-half sidewalk
neeessary for the commercial area.
In conclusion, it appears to me that Trojan Construction
Company fulfilled their obligations to the City and that the
street improvement now necessary are the responsibility of the
City of Campbell.
A separate study would be of benefit to determine what storm
drainage fees have been paid and by what properties, and how much
money has been collected from the developers and how much money
has been spent on subject site from City funds.
Respectfully submitted,
{!¿~ xI~7 ~ð
Cruz. U. Gomez, '
Jr. Civil Engineer
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L (PLANNING DEPART:lENT
CITY OF CAHPBELL
75 NORTH CENTRAL AVENUE
CAMPBELL, CALIFORNIA
~&..' '!.f. (s/
Date
4566
CONDITIONS ATTACHED TO "S" APPROVAL OF PLANS OF
Elvin Crema
, FOR
CONSTRUCTION OF
office bui1din~
TO EE LOCATED AT:
1620 La Pradera Drive
CONDITIONS:
ORDINANCE:
--1. Storm Drain Fee in amount of $170.
--2. Payment to City of cost of construction of driveway approach and
Sf of 10' commercial sidewalk.
3. Parking area to be developed in compliance with Section 9319,
including required fencing and lighting.
RECOMMENDATIONS:
4. LandscapIng to be provided as indicated on plan.
S. Landscape Bond in amount of $500 to be posted tò insure land-
scaping within three months of completion of building.
6. Landscape plan indicating type of plant material to be
submitted for approval at time of application for Building
Permit.
Section 9316.1 of the Campbell ~unicipal Code reads as follows:
Any approval granted under this section shall expire one hundred eighty
(180) days after tile date upon whic~l such approval was granted, unless
an extension for such approval is obtained by making written application
for same to the Planning Commis~ ion at least fifteen (15) days prior to
the expiration date of such approval.
No building permit shall be issued after the expiration date of any
approval until a new approval has been obtained in the manner provided
for in this chapter.
GRANTED BY THE CITY OF CAMPBELL PLANNING COM:vlISSION AT A REGULAR MEETING
HELD ON THE 4th DAY OF April 19166
CITY OF CAMPBELL PLANNING COMMISSION
~,.
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- Engineering Dept.
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By' _. , . '/",r
. /
XiXliXiXiill~t, Secretary
R.V. Hogan Äf
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CITY OF CAMPBELL
PLANNING COMMISSION
APPLICATION FOR ARCHITECTURAL
APPROVAL
OF SIGNS ONLY
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ate
19 \.v~,
,
In accordance with Section 9316, Chapter 3, Article IX of the Campbell
Municipal Code of the City of Campbell, the undersigned hereby makes
application for approval of the attached plans.
1.
The said improvements will be located on land described as
follows: (map or plot)
, ' . '
All that certain real property situate in the City of ejmpbell,
County of Santa Clara, State of California, described aI follows:
\
BEGINNIKG at the point of intersection of the Southeasterly line of
La Pradera Drive, as said Drive is shown upon that certain Map
entitled, "Tract no. 1671 Los Ranchitos Gardens, Unit No.3"" which
M~p was filed £o~ record in the office of the Recorder of the County
of Santa Clara, State of California, on April 23, 1957 in Book 81 of
i~aps, at pages 10 and 11, with the Northerly line of that certain
tract of land described in the Trusi~e's Deed from City Title Insurance
Company, a corporation, to Eric Vah} et ux, recorded September 18,
1958 in Book 4176 Official Records. page 425. Santa Clara County
QEcords: thence from said point of beginning ~orth 42° 29' 20" East
alon9 said Southeasterly line of La Pradera D~ive for ð distance of
77.35 feet to the point of intersection thereof with the Southwesterly
linE of that certain tract of land described in the Deed fro~ Ad-Mar
Enterprises, Inc., to J. G. Jacobs, dated October 7, 1958, recorded
uctober 28, 1958 in Book 4214 Official Records. page 643, Santa. Clara
County Records; thence South 47° 30' 4011 East along said Southwesterly
line of land so described in the Deed to said Jacobs for a distance of
53.16 feet to the 30uthwesterly corner thereof in the said Uortherly
line of land so described in the Trustee's Deed to said Vahl; thence
South 87° 34' West along said ;~ortherly line of land so described in the
Trustee's Deed to said Vahl for a distance of 110 feet, more or le8s,
to the point of beginning, and being a portion of the ~uito ?ancho.
J,'.L.Lç\,l. .La ...uç v..........."", ~... ~..-
Address of App11can~
Planning Department on:
, 19
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Ci ty I '£ta te
Secretary
LC'l~- "S ()~ l\
Telephone Number
~
PLANNI~~ DEPARTMENT
CITY OF CAMPBELL
75 NORTH CENTRAL AVENUE
CAMPBELL, CALIFORNIA
Date April 8. 1965
CONDITIONS ATTACHED TO tiS" APPROVAL OF PLANS OF
R. L. Ferzuson
, FOR CONSTRUCTION OF
office building
TO BE LOCATED AT:
1620 La Pradera [rive
1.
COND I TI ONS:
Landscaping Bond in the amount of $500.00 to be posted to insure
landscaping, as shown on plan, within 3 montl1s of completion of
building.
Masonite as shown on plan to be replaced with metal, or tile, or
other weatherproof material.
Storm Drain Fee in the amount of $170.00.
Cash payment to the City in the amount of $200.00 for one 35'
driveway plus sidewalk.
l'~o sign to be installed wi thout PlanninggCommiss ion approval.
2.
3.
4.
5.
Section 9316.1 of the Campbell Municipal Code reads as follows:
Any approval granted under this section shall expire one hundred eighty
(180) days after the date upon which such approval was granted, unless an
extension for such approval is obtained by making written application for
same to the Planning Commission at least fifteen (15) days prior to the
expiration date of such approval.
No building permit shall be issued after the expiration date of any
approval until a new approval has been obtained in the manner provided
for in this chapter.
GRANTED BY THE CITY OF CAMPBELL PLANNING COMMISSION AT A REGULAR MEETING
HELD ON THE 6 til
DAY OF
April, 1965
CITY OF CAMPBELL PLANNING COMMISSION
By: