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1766 White Oaks Rd. (83-21) ~'{J, war ~~ ) (D~cn4, l tL'~ ~I I-I 1 (--1A. {J v i ... ~ / 1'1, / (,-( v - /) d'{ June 10, 1985 o~' 10~ .~~\;. I, ~ .l\nas tas i a, have pu'h:hased property on White Oaks Road from Robert Peter Dubcich. I understand that Mr. Dubcich has a joint requirement to install street improve- ments, as spelled out in his agreement with the City' identified as No. WO(29) and dated March 28, 1984. I am taking over that obligation and am submitting a letter of credit for $14,000 to guarantee the completion of those street improvements by June 1, 1986. I understand that approved street improvement plans are on file in the Campbell Public Works office, that a Public Works permit must be obtained before doing any street work, and that additional fees and deposits are required to ob- tain such a permit. ~(',((6(f5 Date ,r HELMS f;,URN 10_ k"".,, Iii rQ",f,6.RD >R;;.!t=::=~ I F1ft r'~&-' - CITY OF CAMPBELL hUOfr 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 DIAZ CASE Department: Public Works February 4, 1985 Mr. Robert Reter Dubcich 464 West Campbell Avenue Campbell, CA 95008 SUBJECT: STREET IMPROVEMENTS AT 1766 WHITE OAKS ROAD,RE W.O. (29) "7 a . y / f; .' ,/ Dear Mr. Dubcich: On March 28, 1984, you entered into an agreement with the City wherein you agreed to install public street improvements across the frontage of property known as 1766 White Oaks Road within 12 months. To 'date,flthisoffke has not been contacted relative to the agreed upon construction. It appears that the date for com- pletion will not be met. Since that deadline is fast approaching, and your letter of credit to guarantee perfor~ance is about to expire, we must insist that you contact the undersigned by FEBRUARY 15 to make arrangements to both renew the letter of credit and set a construction schedule for the work. Failure to make these arrangements by February 15 will result in our draft going to the bank directing payment on the letter of credit. Should that occur, the City will hire an engineer to prepare plans, then hire a contractor to perform the work. Any costs not covered by your letter of credit will, of course, be recoverable from you. We look forward to hearing from you by February 15. Very truly yours, Joseph Elliott Di rector of Publ ic Works , '1/.1.../ .]/ I./L- David N. Valkenaar Associate Civil Engineer DNV/le cc: Vivian M. Bracher, 1484 Eddington Place, San Jose, CA 95129 f1adeline D. Littlefield, 6141 1,.Jestview t.Jay, Sacramento, CA 95831 CITY OF CAMPBELL Department: Publ ic Works J --->\ , H '----r-.": '." '-, I...J '--"~""",,,,,,,,~, . '-"-"'1& 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 February 4, 1985 Ms. Vivian M. Bracher 1484 Eddington Place San Jose, CA 95129 SUBJECT: STREET IMPROVEMENTS AT 1766 WHITE OAKS ROAD, RE W.O. (29) r r-- ""-------.". . Dear Ms. Bracher: On March 28, 1984, you entered into an agreement with the City wherein you agreed to install public street improvements across the frontage of property known as 1766 White Oaks Road within 12 months. To date, this office has not been contacted relative to the agreed upon con- struction. It appears that the date for completion will not be met. Since that deadline is fast approaching, and your letter of credit to guarantee performance is about to expire, we must insist that you con- tact the undersigned by FEBRUARY 15 to make arrangements to both renew the letter of credit and set a construction schedule for the work. Failure to make these arrangements by February 15 will result in our draft going to the bank directing payment on the letter of credit. Should that occur, the City will hire an engineer to prepare plans, then hire a contractor to perform the work. Any costs not covered by your letter of credit will, of course, be recoverable from you. We look forward to hearing from you by February 15. Very truly yours, Joseph Ell iott Director of Public Works 1, JI v{. i/ David N. Valkenaar Associate Civil Engineer DNV/le cc: Robert Peter Dubcich, 464 West Campbell Avenue, Campbell, CA 95008 Madeline D. Littlefield, 6141 Westview Way, Sacramento, CA 95831 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 .~~~:~~, :'.... - "-"~=fL."' "3'-~t';~~~~~:_-- [)/Al (l?t;--.~ t'A$f -,-'-----r' --I ii -'-----~ 1 t -fj CITY OF CAMPBELL Department: Pub 1 i c Wo rks February 4, 1985 Ms. Madeline D. Littlefield 6141 Westview Way Sacramento, CA 95831 SUBJECT: STREET IMPROVEMENTS AT 1766 WHITE OAKS ROAD ROAD, RE W.O. (29) Dear Ms. Littlefield: On March 28, 1984, you entered into an agreement with the City wherein you agreed to install public street improvements across the frontage of property known as 1766 White Oaks Road within 12 months. To date, this office has not been contacted relative to the agreed upon construction. It appears that the date for comple- tion will not be met. Since that deadline is fast approaching, and since your letter of credit to guarantee performance is about to expire, we must insist that you contact the undersigned by FEBRUARY 15 to make arrangements to both renew the letter of credit and set a construction schedule for the work. Failure to make these arrangements by February 15 will result in our draft going to the bank directing payment on the letter of credit. Should that occur, the City will hire an engineer to prepare the plans, then hire a contractor to perform the work. Any costs not covered by your letter of credit will, of course, be recoverable from you. We look forward to hearing from you by February 15. Very truly yours, Joseph Ell iott Director of Public Works fvVV David N. Valkenaar Associate Civil Engineer DNV/le cc: Vivian M. Bracher, 1484 Eddington Place, San Jose, CA 95129 Robert Peter Dubcich, 464 West Campbell Avenue, Campbell, CA 95008 '11 ') .qr C?-C\ u...) 0 RESOLUTION NO. 6714 BEING A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH ROBERT DUBCICH, ET AL WHEREAS, Robert Dubcich, et al, have sub~itted to the City Council of the City of Campbell an agreement, identified as No. W.O. (29), which covers certain conditions of appro- val of the development of their real property at 1766 White Oaks Road; NOW, THEREFORE, BE IT RESOLVED by the City Council that the Mayor be, and he is hereby, authorized to execute said agreement on behalf of said City. PASSED AND ADOPTED this 17th day of 1984, by the following vote: April AYES: Councilmen: Chamberlin, Ashworth, Kotowski, Doetsch NOES: Councilmen: None ABSENT: Councilmen: None APPROVED: Mayor R,l ATTEST: ~-4!~ Anne G. Coyne, Clty Clerk -;;. {z~ ~L;.~ c;lJ3/g fJ ., Ie:. CITY CUEAK PLIEASE CCI L.E.cT NIfO REca I Prf .JI'Qt 'tHE F'~I'" MClNI a P... FlU"., Yi!o(z ,) ACCT. ITEMS PRELIMINARY ENVIRCMENTAL IMPACT REPCRT FEE ,( lZOO) STa.M DRAINAGE _U FEE p~ ACRE (R-I. 11.875; MULTI-RES., 12,010; ALLonER., 12,110) PLAN EXAMINATION AND CQIIS'lWUCTION INSPECTION FEE (7.. OF' VALUE) 3372 TENTATIVE PARCEL MAP FILING FEE (1250) 3J72 .@. G;J 3372 TENTATIVE TRACT MAP FILING FEE (12.0) 3372 FINAL PARCEL MAP FILING FEE ($230) 3372 FINAL TRACT MAP FILING FEE ('230) 3 J 7 2 VACAT ION OF PUBL I C STREETS AND EASEMENTS ('380) 3372 ASSESSMENT SEGREGATION OR REAF'PCRT I ONttENT ( 1350 FOR FIRST PLus. '110 EACH ADDITIONAL) 3372 LOT LINE ADJUSTMENT FEE/CERTIFICATE OF COMPLIANCE ($250) 3395 PARK DEPICATION IN-LIEU FEE 'PER UNIT ($ltOI2.00t) 3373 COPIES OF ENGINEERING MAPS AND PLANS ($.50 PER SQ. FT.) 3373 WORK AREA TRAFFIC CONTROL HANDBOOK ($2); ADDITIONAL ($1.50) 3373 PROJECT PLANS AND SPECIFICATIONS ($10) 3372 EXCAVATION PERMIT APPLICATION FEE ($35) 3373 GFNERAL CCX\IDITlas. STD. PROVISlas ,. DETAILS ($10; OR $I/PG) 3521 CASH DEPOSIT 352 I F AI THFUL PERFORMANCE DEPOS IT 352 I MA I NTENANCE BOND DEPOS I T 3520 FIRE HYDRANT MAINTENANCE ( $IU/EA) 3510 POSTAGE O"nER TOTAL ~ ...... G:, foe> I t1!:> 0 2- 42. '2...00 , r~4ZZ,cDO ,/ NAME 7ZoL:,~yf p J)u~(:I',"I., 5 V"VLc::\.&"'\ ADDRESS~ W. Ca. ~ f b4r {( M, "U rad,,.,.. PHONE 37 8-- "3 b ~ 7 ZIP *7 s-006" FOR C I TV CLERK ONLY RECEIPT NO. AMOUNT PAID RECE J VED DATE' .JULY 1983 CITY OF CAMPBELL ~~ ~/ 75 NORTH CENTRAL AVENUE C AMP BEL L. C A L I FOR N I A 9 5 0 0 8 (408) 378.8141 ~t !t ..----- Department: Pub 1 i c Works December 12, 1983 .. Mr. Robert Dubcich 464 West Campbell Avenue Campbell, CA 95008 SUBJECT: MINOR SUBDIVISION--1766 WHITE OAKS ROAD Dear Mr. Dubcich: Enclosed are new copies of the agreement to install street improvements and the faithful performance bond. These have been revised to reflect the reductions negotiated by your attorney, Mr. Kilian. The estimated cost of improvements has been reduced by $12,550, from $54,300 to $41,750, as a re- sult of deleting the items for storm drainage. Consequently the fee for plan check and inspection has been reduced to $2,922. The storm drainage requirement is to be satisfied by payment of $6,500. Please return two copies of the agreement, signed and notarized, with one fully executed bond. The additional copies of each are for your records. Very truly yours, Joseph Elliott Director of Public works James Penoyer Engineering Technician JP/le cc: Charles T. Kil ian, Attorney J. Robert Dempster, City Attorney MINOR SUBDIVISION--1766 WHITE OAKS AVENUE APPEAL OF CONDITIONS OF APPROVAL RECOMMENDATION: That the City Council consider additional informa- tion submitted by the City Attorney. DISCUSSION: A meeting was held during the week of November 28 at the City Hall attended by Bob Dempster, City Attorney; Joe Ell iott; Bill Helms; Chuck Kill ian, attorney; and Robert Dubcich, the appl i- cant. No agreement was reached during this meeting regarding the legalities of the conditions of approval. However, both parties agreed to research points of information raised prior to the City Council meeting of December 6. I PREPARED BY PUBLIC WORKS AGENDA December 6, 1983 MHIOR SUBDIVISIOrl--1766 \.n-lITE OAKS AVENUE APPEAL OF CO:JD I T IOtJS OF APPROVAL RECOIV1CNDATION: That the City Council uphold the staff conditions of approva 1 . DISCUSSION: A letter was received by the City on October 26, 1933, from an attorney representing t1r. Robert Dubcich, et al, regarding conditions of approval of their minor subdivision on White Oaks Avenue, relating to storm drain construction. That storn drainage requirement was a part of the standard street improveQent require- ~ents nor~lly im?osed on a subdivider as a condition of final ma? approval. Staff \'Jill be ::>re?ared to review with the Council the basis for that storm drainage requirement. COST: -0- I PREPARED BY PUBLI C WORKS AGENDA November 15, 1983 CITY OF CAMPBELL MEMORANDUM To: Edward G. Schill ing, City Manager Date: November 8, 1983 From: Joseph Ell iott, Director of Publ ic Works Su~ect: MINOR SUBDIVISION--1766 WHITE OAKS AVENUE APPEAL OF CONDITIONS OF APPROVAL ---------------------------------------------------------- On May 13, 1983, approval of a tentative parcel map (copy attached) was given by the Planning Director and the Public Works Director, in accordance with Section 20.20.060 of the Campbell Municipal Code, for a minor subdivision on the Lands of Dubcich, located at 1766 White Oaks Road. Included in the I ist of conditions of approval is the requirement that the appl icant must comply with the provisions of Title 20, Subdivisions, of the Campbell Municipal Code. Section 20.08.140 states, i n pa r t, t ha t : In any case where land is subdivided into four or less lots or parcels, a parcel map shall be submitted in the same manner as provided in this chapter for subdivisions for approval as to area, improvement and de- sign, flood and water drainage control, and as to all other require- ments of this chapter. Upon approval of the tentative map, the applicant was advised of all conditions of approval, including construction of offsite street improvements across the White Oaks Avenue frontage of the minor subdivision. The street improvement requirements were defined as standard City street improvements, including curbs, gutters, sidewalks, street 1 ights, street trees, roadway structural sections, pavement conforms, water mains and services, sanitary sewers and laterals, and storm drains in the easterly one-half of White Oaks Avenue extending across the entire frontage of the proposed subdivision. On September 7, 1983, a .street improvement plan submitted to the City by the sub- divider incorporating all of the above requirements was approved by the City Engineer. An agreement and faithful performance bond (copies attached) have been prepared for execution by the subdivider based on those improvement plans. These documents would need to be submitted to the City prior to the fil ing of the parcel map in order for the minor subdivision to be complete. The approved plans and the faithful performance bond estimate both indicate 210 feet of 21" reinforced concrete pipe storm drain to be constructed as a part of the offsite improvement plan. It is standard practice in the City of Campbell that storm drain pipel ines which are master-planned for any street are constructed in development frontage segments as a part of the standard street improvements required of the developer along the frontage of his property. The above information is cited as the basis for the storm drainage construction re- quirement in connection with the subject minor subdivision. BMH/le attach. ( /' !P /) ;;?,L-:>"C ;/ ;z:::::., / y (;R>T , II ,'" \ ( " , I .. CITY OF CAMPBEll 75 NORTH CENTRAL AVENUE C AMP BEL L, C A L I FOR N I A 9 5 0 0 8 (408) 378.8141 Department: Planning October 3, 1983 Mr. Robert Dubcich 464 W. Campbell Ave. Campbell, CA 95008 RE: 1790 White Oaks Road Waiver of UndergrOlmd Utilities Dear Mr. Dubcich: Please be advised that Mr. Helms, representing the City Engineer, and I have inspected the referenced property, and have approved your request of September 28, 1983 for waiver of mdergrmmd utilities at this time. If you have any questions, please do not hesitate to contact the Planning Department. Sincerely, AR1HUR A. KEE PLANNING DIRECTOR #~ Jt11J~ PHILIP J. STAProRD ~ PLANNER I I ld cc: Public Works Department Building Department TO WRITE MESSAGE REPlY LETTER TO SEND REPLY WRITE REPLY IN BOTTOM H (PART 2) IN OUTGOING MAil, ETAIN WHITE COpy FOR YOUR FilE, PLACE YELLOW COPY WRITE MESSAGE IN UPPER HALF, REMOVE PINK COpy (PART YOUR FILE, PLACE REST OF SET IN OUTGOING MAil, PART 2 Will BE RETURNED WITH ," ~Y, City 0/ Campbell 75 NORTH CENTRAL AVENUE CAMPBELL, CALIFORNIA 95008 PHONE 378-8141 FROM '.. .. ( '-7 i f-", \ F-::..--;:; SUBJECT ' ' ;> "> \ F " ; DATE '-' \ - .,..- \ .., i t ! . , MESSAGE l ; \ , , " " I , I ; , " , , ,.,- :, ., / " ! '- , , I i ,.. , .. - .- --, \. :, I t1 - C., - - \ , , ! ! \......- ~, - 1',,,__ '" ',-- - - ......- \ I -j' -. " ; , , ,- f ~, i, , ~ + \6 .Ir. r AI.. JT/Ut..-,E-u~ '-f -.it, \r"\ <':"~r1_ I () SIGNED ( '. " REPLY SIGNED DATE ~ -0 ~ " f' \1\ ~ ,N "-~~ .... .... '" ~ t> ~ N~~ '- ~ l' N ~ -to. ~ ~~ C) " ~ _0 ~ ..0 ..... ;'11'< ~ ~ ~ ~ , ~ "- ) ~ i~ ~ " "It ~ :\ ~ ~ ~ I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ \ij ~ VI V\ V'\ ~ ~ ~ ~ ~ ~ t' ~ ~ Jt\ " ~ "- "'b ~ ~ """ " "- ~ ~ " ~ ~ ~ ~ f\) ~ ~ f' "- ~ ~ ~ ~ () ~ I' ~ ..... ~ ~ ~ ..... ~ 1l ~ " \ ~ ~ ~ fl) (\ I ~ ~ ~ i::) )) (\ '< i ~ t ~ ~ ~ 1\ "i "\I ~ ~ to "" l!i ~ '" I 1'\1 ...... ~ ~ ~ B ~ N N N ~ Ji ~ ~ '1\ N j;i=< It " IS " I' . ; I' l ~~ ~Q , ..... ~ ~ .... \II ..... ~ f\) ~~ ~~ ~ ..'-\ ..N oN .." ~ N ~ ...... ~ lS:ffi ~ e ~ \II ~ .... ~ ~ ~ ~ .... ~ iO! ~ ~ "- c: ,... rtl~. " II ,. 1& " II II II Ii II 0 ~ ~ K ~ t .tIo. "" ~ ~ ;:i ~v. V\"'tJ \l .... ~ ~::t ~' J& It It ~p. ..... ~ t ~~ ~~ ~ .:-0 ~ ~ S' N ... ~ ~ ~ ..~ ~ ~ ..-.I ~ () ~ ~ ~ ~ R ~ ..... ... ~ iO! ~ ~~ ~ '" --0 ~. ':t ~ Jl ,... Ii It 18 Jl Il " II Il " ~ ~ t :-. ~ ... ~ ... ~ "'c:: ~!' l>Q) ~. -4) ~~ V\ _0. .. ,I t~ " 1& II 'I I~ ..... ~~ otPJ ..~ ~ .....~ ...~ \II ro?\ htr- ~ .N ..N N .., ~ d ~~ ~ :0 .:-- -..... ..fit ~ ~ ~~ & ..., ~ ~ ..... iO! ~:t ~ ~ ~. ~ ~ ~ ,... rtii=\ to 1::1 " I; ~ It ., II II ~ ~ N ~ i~ ~, ~ ~ ",c:: 6 tI\ ~" ~ '" ~~ ~~ " \It ~.. 11 . Jl 1& , :) " ~ ~ ,~ ..-0 ~ ~ ~ .... VI I.lI ~ S~~ .:Cl ....t-. ~. ~ ~" B~ ~ ~ ~ I' :-' ~ ~ ! ~ :0 g. ~ ~ ~I ,... -~ "'11 "l 1& 'I ., ... Il II .. - ~ :-. ~, ~ ~ t ;:~ ~~ ~ ~ -0 ~I VI i;> IS " II " 10 Il .e t\:::; -< ... N ~ ..~ ~ ~ tI\~ ~ - ~ ..N ~ ... c:i ,,- ..f;'o ~ ~ N ~ ~ ~ CI. ~~ ;5 ~ ~'I ~ tI\ S ~ ~ w ~ N ,... iii (fi IS 1& - " " II II II II II II II ~c:: ~ fi~ ... Pi ~ ~ ,... "'c:: ~~ ~ ..... ~ ~ Y> ~~ ,... :::-trti ~~ :I~ ...... ~... I d !j~ ~ ~I r- CONTRACT DOCUMENTS INFORMATION SHEET IIFor Construction of Project D~-"'2 \ \:>l-+~se I Original ~-,4 -'63 Revision # l\) \+tTeO/';;,.\~"" 'STO \L.M A. Project Title II B. 1. Council approval of plans date: 2. Advertising dates: Sel-'T. SePT. ~, \qb?.:- \A-, ~ L\, \q~~ , (Minimum 2 times, last date to be within 7 days of opening) 3. Bid opening day, date and time TUE--s.1"':::>""-i \ SE-PT. "7..1, \'10"3: PH. --~ . ....) '""" 1&'" 4. Anticipated award date: (~) c.-r. 4-, t:::18"7:; C. 1. Use State Standard Specifications dated J~ ~\..)I:--,. 1'2.. '-i \(..1 ~ \ 2. Use State Standard Plans dated -- 3. Use Equi pment Rental Rates dated . \ () L'-( T\4 t2..\) t::.ie c.. e t'''l r~ 8>\2- ,1'Z'::"'?_ D. Bri ef descri pt i on (scope) of proj ect: CO LY: -n )_\ ) ('T \ (' k~ 0 ~ --::TO t..::..r-/\ \:)12.,..L:::? \ ~ t>..(~E ~~C.l L IT (~-" h U L.. Tri..{:~'L)C-~'-: f2€--:.u rz.F/~ c..t U c=, E. 1. Exact title from plans: IICity of Campbell; Department of Public Works; Plans for Construction of PI'LO) e-c.... T 4Q~ - '-I \....,J) 1-4l'TE O/'~,\c::~ <~':'r{~)k'...t-, \ \"'i-,~!: :~c T. II 2. Approved -s e= 1~1, Co I , 19 '2,~, (Approved date will normally coincide with the City Council's authorization to advertise date.) F. Attach City Engineer's Estimate of Quantities... include contingency amount. cc: J. Ell i ott B. Helms D. Va1kenaar C. Case L. Pena Designer Project Designer '...:.... ,qOl..._'! E -2...- Project Engineer~ Date 8.-'L4- -'0:. Da te g--t- b~i ~~,- (~ CITY OF CAMPBELL 75 NORTH CENTRAL AVENUE C AMP BEL L. C A L I FOR N I A 9 5 0 0 8 (408) 378-8141 Department: Sui 1 ding Da te .)C/Gj. 'Z s; /9 t3 SUBJECT: Application for Building Permit FROM: Building Department APPLICANT'S NAME J(;;Bcer VdS(!/C t-/ Phone .37g-3Gcj 7 APPLICANT'S ADDRESS 4tP4 a.J. {!/Jm,aL3C=-LL /f//E ~.4/J1r'.&=LL I BUILDING ADDRESS /196 tu#; TECJA-K:. 5. i2:D. PLANNING COMMISSION APPROVAL S- X3. Assessor's No. -113-1.5 IILI Application for a building permit has been received, and this notice is being sent to the agencies listed below for any comments or suggestions. One set of building plans is on file at the Building Department for review. Applicant has been informed that he may not receive a permit to build until he received clearances from the agencies checked below. 1. Sanitation District No. 4 100 E. Sunnyoaks Ave., Campbell, 378-2407 Supply one set of plans for industrial and commercial developments. Return yellow copy of sewer permit to Building Department. Fire Marshal's Office 123 Union Ave., Campbell, 378-8141, Ext. 227 Supply one complete set of building plans. Public Works Department 75 N. Central Ave., Campbell, 378-8141, Ext. 220 Supply one set of on-site drainage plans. 2. 4. Planning Department 75 N. Central Ave., Campbell, 378-8141, Ext. 236 5. Environmental Health Services Pete Nardini 2220 Moorpark Ave., San Jose, 279-6060 CONSTRUCTION COST ESTIMATE FOR T>Uht' / (.' H -~ W.O" RD. Date ,1-2'8-63 ~~D Surface Construction Clearing and Grubbing Saw~n(;f'et~ G9nc~te Relllo.ll'l Gurb,'41 no-'-GutteHelIIOVlr 1 I~l~t 9rai~ Wl~~ Curb and Gutter Sidewalk Driveway Approach ~l!l i (,a,. RSlll~ PC-Fe:: CT. Lump Sum L.F. @ $ 3.50 S,F. @ 2,50 L.F, @ 8.00 EA, @ 400.00 201 L.F. @ 12,00 ~4; S.F. @ 4,00 57b S.F, @ 6.00 EA, @ 600,00 Barricade IS" L.F. @ 40,00 A.C. Pavement inc. Excavation ("3 (,( 0 S. F.) (51. 1 0) (~") Ad;; In t Manh&+e-te-Grede- M.;1nt--tlandhv 1" Lv Grad!'! Monumpnt i8K ~ t1a..WMc* Street Tree (15 gallon) Pavement Striping ~At-Legends ~IlP1'-Street- Name or-othel" ,5-igll' Psvement-Marf(E!rs P a vement-Key--t'tlt t. I / c.-Vcr ax ~ con-Fo rY1 Street Lighting Electrolier Ctmttun- Conductor, pa i r- Pull Box Storm Drainage ~r-l5!!-R€f' 18" or 21" RCP Strel!t'"1ll1n ~o.le S-hrnt-f'lftl!r'~ 7)r~y t.-v f ,I / Revised 1/20/82 EA. @ 400,00 EA, @ 300,00 EA. @ 300,00 3 EA, @ 175,00 :l../:J L.F. @ 0.80 EA. @ 100.00 EA. @ 100,00 EA. @ 12,00 L. F, @ 5 , 00 /4- T~ 4-0 EA, @ 3,000.00 L.F, @ 9.00 3.00 L.F. @ EA, @ 250,00 L.F. @ 45.00 .210u. @ 55.00 EA. @ 1,000.00 EA, @ 1,200.00 EA. @ 500.00 I LA. (<'1 I otJO TOTAL ESTIMATE USE FOR BOND 7rb By [.$VI/vet!( 2,on6 , .2,4-12- .2 57 Z. , ,~ 4-S~ t,O() Z ~ e..o9 5'7-5 17,~ SGO ~ooo 2.50 / I -)"50 " I I , ---.r 1.000 l '2./ j "S--O , ----~--- - s 54 3t>' s 5'4300 ,11 3,,801 4 J... 7 J ~D y 2;. cy 2... 2- TO: CITY CLERK Please collect and receipt for ,the following monies: Acct. I terns 3372 Preliminary Environmental Impact Report Fee ($200) 3370 Storm Drainage Area Fee per acre (R-I, $1,875; Multi-Res., $2,060; all other, $2,250) 3372 Plan Examination and Construction Inspection Fee (3-1/2% of value) 3373 Copies of Engineering Maps and Plans ($.50 per sq. ft.) 3373 Work Area Traffic Control Handbook ($2); additional ($1.50) 3373 Project Plans and Specifications ($10) 3372 Excavation Permit Application Fee ($35) 3372 Excavation Permit Fee (3-1/2% of value) 3521 Cash Deposit 3521 Faithful Performance Deposit 3521 Maintenance Bond Deposit 3372 3372 (~ 3372 3372 3372 3372 3372 P. W. FILE NO. \,v 0 {'2.?, '/ Amount Tentative Parcel Map Filing Fee ($85) Tentative Tract Map Filing Fee ($170) Final Parcel Map Filing Fee ($170) Final Tract Map Filing Fee ($140) Vacation of Public Streets and Easements ($380) Assessment Segregation or Reapportionment ($350 for first plus $110 each additional) Lot Line Adjustment Fee ($225) Certificate of Compliance ($250) \ -, 0 o-E-_ TOTAL 00 \10 :..--- $ Name 12 ob!.r- t Address .4.'-4 'W. P. ~l)6c-~~h Cnl11r~({ Phone "3 -, 0- "3 tp ~ 7 Zip ?jb(!;>~ Receipt No, Amount Paid Received by Date /68Lf.:s- ,.g I 7 t) , 0,..9 Q4- 16 f' '-I- ~ "-2/-83 FOR CITY CLERK ONLY July, 1982 CI'TY OF CAMPBELL 75 NORTH CENTRAL AVENUE C AMP BEL L, C A L I FOR N I A 9 5 0 0 8 (408) 378-8141 Department: P1arming May 13, 1983 FM 83-01 APPROVAL OF TENTATIVE PARCEL MAP LANIS OF ruBCIrn ET AL APN 413-25-127 1766 WHITEOAKS RD. Final map thereof shall be filed with the City Engineer for examination approval and recordation in accordance with the provisions of the Sub- Division Map Act. Approval subject to conditions as per attached list. APPROVED BY mE PLANNING OF mE CITY OF CAMPBELL, SUBJECT TO ArrAmED CONDITIONS, ON MAY 10, 1983 4iJ.- 4 . K.-. AR A. KEE PLANNING DIRECTOR APPROVED BY THE CITY ENGINEER OF lliE cm OF CAMPBELL, SUBJECT TO ArrAmED CONDITIrnS, ON MAY 16, 1983 JbsiK~~g DIREO'OR OF PUBLIC WORKS MANDATORY FINDING: This Tentative Parcel Map, together with the pro- vlsions for its design and improvement, is consistent with the General Plan of the City of Campbell. MEMORANDUM CITY OF CAMPBEll To Arthur A. Kee, Planning Director Dale ~(\~ 9..... I ~ 8"'"3 Frnm' Joseph Ell iott. Director of Pub I ic Works TENTATIVE PARCEL MAP Subject: LANDS OF 'V O-gc \C H ~ -t C\ I A.P.N. ~ I'> - '7-5- 1-;2..1 17 ~ ~ Wh ire oo\c.,S "'R,J. This office recommends approval of the proposal. subject to the following conditions: 1. File a parcel map in accordance with the provisions of the State Subdivision Map Act. Installation of a sanitary sewerage system to serve all lots within the sub- division in conformance with the proposed plans of the County of Santa Clara Sanitation District No.4. Sanitary sewerage service to be provided by said '2... Distr'ict No.4. Installation of a water distribution system to serve all lots within the sub- division in conformance with the plans of the San Jose Water Works. Water service to be provided by said water company. Fire hydrants and appurte- nances shall be provided and installed at the locations specified by the Fire Chief, Fire Department. City of Campbell. Fire hydrant maintenance fees shall be paid to City at the rate of $195 per fire hydrant. 3. Subdivider shall create or provide any public service easement and any other public utility and/or public service easements as may be necessary for the installation of any and all public utilities and/or facilities. ~. -- j . Compliance with the provisions of Title 20. Subdivisions of the Campbell Municipal Code. ~. Subdivider to pay Storm Drainage Area Fee. Subdivider to furnish copy of Preliminary Title Report. Subdivider shall (install street improvements and post surety to guaranty the work) ~XQ(utQ iR a9~ee~cRt ~Q~ p^rt &~ret) te ;~sta11 stp@st impr~- i. .j:Ijtnt! ,,, the: ftltl:1\ e alld .o8~ree ts jeil, a Lee:al ImfH'QVQmeRt Bi!t. kt). x. ~. Dedicate additional right-of-way to widen ~~ 1<.o~l to __.-.:a 0 feet from centerline. Obtain an excavation permit and pay fees and deposit for all work in the public right of way. Bv; BILL M. HELMS TO: CITY CLERK Please collect and receipt for the following monies: Acct. P.W. FILE NO. ~(A Items Amount 3372 Preliminary Environmental Impact Report Fee ($200) 3370 Storm Drainage Area Fee per acre (R-l, $1,875; Multi-Res., $2,060; all other, $2,250) 3373 Copies of Engineering Maps and Plans ($.50 per sq. ft.) 3373 Work Area Traffic Control Handbook ($2); additional ($1.50) 3373 Project Plans and Specifications ($10) 3372 Excavation Permit Application Fee ($35) 3372 Excavation Permit Fee (3-1/2% of value) 3521 Cash Deposit 3521 Faithful Performance Deposit 3521 Maintenance Bond Deposit 3372 ~ 3372 3372 3372 3372 3372 3372 Name Address Plan Examination and Construction Inspection Fee (3-1/2% of value) Tentative Parcel Map Filing Fee ($85) Tentative Tract Map Filing Fee ($170) Final Parcel Map Filing Fee ($170) Final Tract Hap Filing Fee ($140) Vacation of Public Streets and Easements ($380) Assessment Segregation or Reapportionment ($350 for first plus $110 each additional) Lot Line Adjustment Fee ($225) Certificate of Compliance ($250) 8' -S~ ~ TOTAL $ Y5- ~ -- ~ D bp~ ~ LJ "1 \1\/. -p. "D0bc.\~~ CaluibeU Phone 37 rs-- '3 r.o 47 Zip 9' j-otC8" FOR CITY CLERK ONLY Receipt No. Amount Pa i d Received by Date / ill 0 ~ ~ B -(.) 0 :J"--" O-L 51 i 183 July, 1982 INTER.orflCE MEw.Onf\I~DUM DATE: January 31, 1977 Robert J. Wheeler, City Attorney TO: FROM: Ronald J. Cote, Asst. City Attorney SUBJECT: APPEAL OF PROMETHEUS DEVELOPMENT CO. AS TO AMOUNT OF SEWER AND WATER MAIN FEES Prometheus Development co., developer of a 5.88 acre corner parcel of property at the intersection of Middlefield and Stier1in Roads, is appealing the imposition of sewer and water main subdivision fees on the basis that calculation used in determining the fees did not take into account the unusual configuration of the subject site. The power of a charter city to impose charges in exchange for the granting of approval for the development of property would seem to arise out of two sources: the authority of a local entity to regulate the design and improvement of a subdivision; the exercise of a charter city's municipal poweiS. The power to impose charges on a subdivider in exchange for subdivision approval arises out of the grant of authority to cities to regulate the design and improvement of new sub- divisi6ns. The state has preempted the field ~f subdivision approval in all respects, except as to design and improvement. Santa Clara County Contractors etc. Assn. v. City of Santa Clara, 232 C.A.2d 564. Thus, a city ordinance which imposes a fee as a condition precedent to the approval of a final map anrl subsequent issuance of a building permit, is valid only if the purpose of the fee is to regulate' the design and improvement aspects of that proposed subdivision. However, the court in the Santa Clara Contractors' case invalidated a charge imposed upon a developer of a subdivision to be placed into a recreation fund for use sometime in the future for city park and playground sites. "The purpose and intent of ihe Subdivision Map Act is to provide for the regulation nnd control of the design and improvement of a subdivision with a proper considerdtion of its relation to ad- jOining areas, and flat to Qrovide funds for the benefit of an en t ire city." rT> a 9 e- 5 ,-zr ' In each of a line of cases cited in the Santa Clara County Contractors' case, the court in each case invalidated 'I."j .~ Robert J. Wheeler -2- January ~1, 1977 local ordinance provisions for the imposition of charges against property owners to be used at some future date for the benefit of the general populace of the city. I n ~ if! e v. C 0 u n c i J 0 f C i t Y 0 f Los An gel e s (1 9 60) 1 7 7 C. A . 2d 157, 170, the court stated that the imposition of a second and additional sewer connection charge upon subdivider was . unrelated to the purpose of regulating the design and improvement of that subdivision and therefore invalid. In Newport Buil~ ~~~p.~-Y~_fitY__Qf~~~~~~n~~, 210 C.A.2d 771, the court invalidated a business license tax imposed upon each new lot created in a subdivision, as the tax was a revenue device, unrelated to the design and improvement of the subdivision itself. In Kelber v. n;:i,l~ of Upl and, 155 C.A.2d 631, the court inva1 idated the------ J imposition of both a park fund fee and a subdivision drainage fee lIin lieu of the construction of drainage structures outside tthe subdivision", as both these were purely "fund raising methods for the purpose of helping to meet the future needs of the entire city for park...and for drainage facilities...." (Page 638) In a much more recent case, the California Supreme Court in Associated Homebuilders etc., Inc. J. City of Walnut Creek, 4 C. 33, upheld the city's right to exact from subdivider a park fee even though the court acknowledged that the particular subdivision did not alone create the need for the dedication. Rather, the court reached the opinion that exa~tions imposed on a subdivider 1I...can be justified on the basis of genera] public needs for recreation facilities caused by present and future subdividers.'1I (Page 638) (See also City of Buena Park v. Bo~, 186 C.A.2d 61.) , The court a1~o expressed its opinion that the need for sewers, streets and drainage facilities by those who would live in the subdivision unquestionably were needs even more 'directly related to salutary purposes than even the need for parks. (Page 641) The court in W~nut Creek cited with approval the AY~~~_~ City Council of Los Angeles, ,34 C.2d 31 case which was decided as ea-ilya'-sUlglrg-.--rii-Ay-res-:--the s'ubdivider \<Ias required to dedicate 1 and for the f u t u r e - . d-e- v'e lop men t ( wid e n i n g) 0 f a s t "e e t by c i t.Y a t the t i 01 e 0 f the c i t Y 's c h 0 0 sin g, and the s t r e e two u 1 d be use d by both the general citizenry and benefit the residents in the subdivision. According to the court in t-.y_~c;~_, the \'Jords "desiyn and improvelllent" as used in the Subdivision Map Act would include reasonable provisions for drainage, sewers and water mains. (Page 36) , With and sincp ^'yr'p~, the cuurts have upheld the cXilction o f c h iI r q (' S. .J ~; C () n c1 i t ion $ tot h e' i s S U d nee 0 f sub d i vis ion upprovJl. so long as tlte COUt"t fillds SOllie rc1ation~hip behJ(~('n thl' rh.lrq(\ llnd the' np('dc, of the' subdivision for addilional p u h 1 i c ~. C' l'V i U' < "" tlt u" f u C 1 1 1 t 1 ('~. . Robert J. Wheeler -3- January 31, 1977 A second line of reasoning supporting the imposition of sewer and water main fees for subdivision approval arises out of the case of _~.9-.!:1..9,r:..t.9,.9~-I~ta~_~~_Sity'_of Los An..Q..~e,~(1960) 183 C.A.2d 533, where the court held that the imposition of such a charge was a proper exercise of the municipal powers which "the Subdivision Map Act does not preclude...." (Page 539) In .hQ!!..9.~~, the municipal code provided for outlet sewer charges for new subdivisions. Since the demand for payment of the charge "...did na.t relate to the contents of the subdivision map in the sense of requiring that (subdividers) put something into the map or removed something from it, but related to fixing the time (subdividers) were to do something required by the municipal code. the action by the city was not inconsistent with the Subdivision Map Act." (Page 538) The court went on to say that it is reasonable to require that any new subdivision "...pay (its) fair share of the cost of expansion, repair and replacement made necessary, in part', by (its) share in the use of (a) vitally essential service." (Page 540) During my review of the California case law, I was unable to find a case on the point raised in the appeal by Prometheus Development Co. -- reasonableness of the exactions. However. I have revie~:ed to a limited extent the somewhat analogous issue in the area of assessment district law. In ~~ciated Homebuildersv. City of Livermore,' 56 C.2d 847, the Supreme Court validated a tax imposed on the issuance of a building permit to pay for expanding the sewer system of the city. The tax which was denominated as a "connection charge for the p r i v i 1 e 9 e 0 f con n e c tin 9 tot h e c i t Y 'I sse w e r s y s t em II was validated by the court as it found the tax to be commen,surate with the burden to be imposed on the facilities of defendant's sewer system and therefore to be reasonable. The court distinguished its earlier case of fi~y of L~~ ~,~J.es v. Offner:, 55 C.2d 103, where,the earlier court had invalidated a S400/acre outlet sewer charge against property owners in an assessment distric~. In the earlier case. the co u r t had i n val i d ate d the 0 u t 1 e t s e \., e r c h a r 9 eon the bas i s t hat such charge f~iled to represent an expense directly related to the purposes of the formation of the assessment district. Qff~e~, page 110. In the instant case. the court reasoned that the charge represented an excise tax for the privilege of connpcting tv a city's sewer facility. (lnd not ('n aSSpSSIlIC'lIt on thl' viilllP of property within the assessment district. In (, 197G asseSSIII('llt distl'ic:t cj)~e. the Califonlia SUpl'l~lIjl' Court held thtlt it \'/ilS rCt1S0niJl> 11' to r'l'quin~ the property OIIIl('re, Robert J. Hhcclp.r - 4- January 31, 1977 to finance the ~acQuisition of capacity and disposal rights and the right of service and use in sanitary sewerage collection. transmission, treatment, outfall and disposal facilities of the City of Palo Alto.~, since the property owners ~ou1d benefit by obtaining service and use of a modern se\'Jer system. ~~,?_~n_~_~_ I.o_~_n _~ Los. ^ 1 t 0 s H ill.?" 1 6 C. 3 d 6 7 6, 6 86 . "So long as special benefit to the property assessed' resulted from the ex~enditure of public funds (the Supreme Court saw) no reason why the public entity should be foreclosed from looking to those so benefited from shouldering all or oart of the cost...." (Page 688) --l. __.________ ~ Ronald J. Cote crh ,/ . .,