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HomeMy WebLinkAboutAgenda Statement 1985/08/13 Item 4a-c COUNCIL AGENDA STATEMENT Item Meeting Date 8/13/85 ITEM TITLE: (a) Resolution 42/02c-- 2/off Determining and Declaring the Public Necessity of Acquiring Certain Right of Way for Public Street Purposes and Authorizing the Commencement of Condemnation Proceedings to Acquire said Right of Way (b) Resolution /././a2‘ - Approving Agreement with Pacific Scene, Inc. to Cover the Full Costs of the Acquisition of Telegraph Canyon Road Right of Way (c) Resolution / 2 /-7- Deputizing the Firm of McDonald, Hecht & Solberg as Deputy City Attorneys to Conduct the Condemnation Proceedings SUBMITTED BY: Director of Public Works/City Engineer REVIEWED BY: City Manager (4/5ths Vote: Yes No ) At the Council meeting of 8/6/85, Council continued the Resolution declaring the necessity for acquiring right-of-way for Telegraph Canyon Road one week since the item needed a 4/5ths vote and one of the Council members was absent and only a 3-1 vote was obtained. At that hearing, information was presented to the Council from representatives of United Enterprises. This report will attempt to give the Council background on the projects and discuss the issues brought up by United Enterprises. RECOMMENDATION: That Council approve the resolutions as proposed. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Issues It appears there are several issues of concern to the Council , staff, United Enterprises and Pacific Scene that are involved with the decision the Council will be making. 1 . Pacific Scene has their last several units of townhouses not yet authorized for occupancy and the City Engineer is holding up any approval for occupancy until the right-of-way issue is assured. Therefore, they have an interest since the townhouses are ready for occupancy to have this resolution adopted. by the City Council of Chula Vista, California Dated Page 2, Item / Meeting Date 8/13/85 2. United Enterprises in 1982 agreed to sell the right-of-way to Pacific Scene based on the original project which was the 57 foot right-of-way. Their agreement not to protest a condemnation action, was based on the letter signed by Pacific Scene which indicated they would provide certain improvements to United' s property including: a) a left-turn pocket at Buena Vista, b) a left turn pocket at the ranch entrance, and c) wooden poles or bollards in front of the homes so that if a car left the roadway it would not crash into the houses. There were other items involving drainage which Pacific Scene has already accomplished. United Enterprises' position is that these improvements were negotiated and agreed upon and were needed not necessarily because of the 57 foot widening but because of the increase in traffic volume on Telegraph Canyon Road due to Charter Point and Telegraph Point. Therefore, they feel that there is no reason to back out of those conditions at this time. Staff' s position is that was a negotiated agreement between two private property owners and is not really a germane issue as far as the resolution before the Council tonight. On the other hand, staff would agree that installation of those improvements would make Telegraph Canyon Road safer as far as access to United Enterprises property. 3. The City staff wants the right-of-way issue resolved before they give any further approval to occupy any more townhouses at Charter Point. This is because once those approvals are granted, the pressure for Pacific Scene to push through in a timely manner would wane even though the City has bonds and a cash deposit far in excess of the amount necessary to build the roadway. However, without a 4/5ths vote from the Council to authorize the condemnation, the roadway cannot be widened. 4. United Enterprise has raised issues that the environmental process was not property concluded because when the scope of the Telegraph Canyon Road project was changed, there was not a modification to the environmental documents through a public hearing. The Environmental Coordinator for the City believes that from an environmental standpoint the project is sound because both Charter Point and Telegraph Point went through the environmental process and the original full blown project for Telegraph Canyon Road went through an environmental process in 1975. 5. State law has recently been modified to indicate that if the City has required improvements that necessitate offsite dedication, the City Council must agree to condemn the property within 90 days after a request. Therefore, there is the possibility that should the City not condemn United Enterprises property, then the condition to install the improvements on Telegraph Canyon Road would be waived. This would have a detrimental effect on several parties including the City, other developers in the area and even United Enterprises. Page 3, Item Meeting Date 8/13/85 Background In 1978, Council approved the development plan for the El Rancho Del Rey area. The plan provided that the area shall develop generally in a west to east fashion so that the improvements could be installed in an orderly manner. Since Telegraph Canyon Road was only two lanes wide and since the owners of the Charter Point area and the Telegraph Canyon Point area were ready to develop, they requested in writing on July 2, 1979, that the development of the East College SPA and the 43 acres of the South College SPA (Charter Point and Telegraph Point Subdivisions) be allowed to develop in accordance with the adopted specific development plan with the condition that Telegraph Canyon Road be widened to four lanes as shown on the attached exhibits. On July 24, 1979, Council approved a report with a staff recommendation that Council approve the concept of the development of East College SPA and South College SPA conditioned upon the widening of Telegraph Canyon Road to a minimum of four lanes between the Casa del Rey Tract and Otay Lakes Road. On May 20, 1980, Council adopted Resolution 10093 certifying the Environmental Impact Report EIR-80-4 and adopting CEQA findings for development of the South College Sectional Planning Area. They also approved the development plan and tentative map for Charter Point which map included a condition to widen Telegraph Canyon Road between Otay Lakes Road and existing improvements easterly of Paseo Ladera on a temporary alignment. There was to be 57 feet of pavement which would provide for four lanes of traffic, a 3 foot painted median and two bike lanes. It wasn't until 1982 that the Telegraph Point Subdivision came before the City Council for approval . Telegraph Point Subdivision is the site of the current Navy housing project. It was during this public hearing that United Enterprises raised several issues concerning the construction of Telegraph Canyon Road and even though it was explained to them that before condemnation of any right-of-way could be accomplished, a public hearing to determine necessity would have to be held. Council in their approval of the Telegraph Point Subdivision modified the Planning Commission resolution by indicating that a public hearing will be conducted on the proposed widening/realignment work. This public hearing is to include, in addition to a determination of the necessity of taking right-of-way, the improvements to be constructed. Specified items of concern to United Enterprises are: a. Protection of existing structures from accidental damage by vehicles traveling on Telegraph Canyon Road. b. A protected entrance of the main ranch road from Telegraph Canyon Road. c. Adequate and safe driveways from Telegraph Canyon Road to existing ranch houses. ,'� �" � Page 4, Item 4/ , Meeting Date 8/13/85 That a public hearing was originally scheduled for July 13, 1982, but was continued in order to give United Enterprises ample time for input. On August 3, a public hearing was opened again, but continued to September 7, 1982, because the proponent for the project was studying an alternative proposal between the temporary 57 foot pavement for the entire length between Otay Lakes Road and Casa Del Rey Subdivision in exchange for a proposal to install the interim improvements (i .e. , four lanes and a median) in front of their development. On September 7, 1982, the Council closed the public hearing and tabled the matter until such a time as new legal descriptions had been prepared corresponding to the right-of-way requirements needed for the present proposal . There were no further public hearings on this matter for the acquisition of right-of-way until August 6, 1985. It should be remembered, however, that the change from the temporary alignment project to the ultimate alignment was being contemplated since 1982. United Enterprises was aware of all of these continuations. On July 24, 1984, Council approved a staff report discussing the change from the 57 foot project to be constructed from Telegraph Point Subdivision to Casa Del Rey and instead construct an interim four-lane divided highway in front of the perspective subdivisions. On October 25, 1984, by Resolution 11817 and 11818, Council revised the conditions for both Charter Point and Telegraph Point Subdivisions to construct a divided highway in front of the perspective developments in lieu of the 57 foot temporary alignment offsite. They also approved a resolution indicating that the perspective properties along the north side of Telegraph Canyon Road would develop portions of the roadway as their properties developed. Our records indicate that United Enterprises were not officially noticed of this resolution and that it was not put on the Council agenda as a public hearing. Correspondence Since the Council hearing on August 6, we have received correspondence from 1) Michael Spata representating United Enterprises, Inc. , and 2) Paul Robinson representing Pacific Scene, Inc. Mr. Spata wants the hearing continued until he and United's engineers return from out of town. Mr. Robinson indicates that Pacific Scene, Inc. commits to the City of Chula Vista that the improvements listed in their letter (those cited by United Enterprises and agreed to by letter in 1982) will be constructed and provided in one form or another. I believe that United's concerns will be met, as committed to by Pacific Scene and, therefore, recommend that Council adopt the resolution. WPC 1606E MICHAEL CHRISTOPHER SPATA ATTORNEY AT LAW 1007 FIFTH AVENUE•SUITE 808 -SAN DIEGO,CALIFORNIA 92101 (6191 232-6291 August 9, 1985 Gregory Cox, Mayor and City Council Members 4 ' City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 Re: Telegraph Canyon Road Widening Resolution of Necessity Public Hearing Initiated by Pacific Scene, Inc. scheduled for August 13, 1985 Dear Mayor Cox and Council Members: It is my understanding that the above-referenced public hearing will be reopened for the purpose of allowing Councilwoman McCandliss to vote on this matter, especially since Councilman Scott did not cast his vote in favor of the subject Resolution of Necessity. It must be noted that United Enterprises, Inc. relied to its detriment on the representations of Pacifc Scene, Inc. back in February, 1982 when it withdrew its opposition to the Telegraph Point Tentative Subdivision Map. This map addressed various issues relating to Charter Point and the widening of Telegraph Canyon Road about which United Enterprises, Inc. was very much concerned. These important issues were further addressed and confirmed in a written contract between the parties on September 23, 1983. And most notably, United Enterprises, Inc. was not given any notice when the Telegraph Canyon Road widening conditions were modified by your Council in October, 1984. Therefore, as indicated to the City Council on August 6, United Enter- prises, Inc. will not be represented by legal counsel at the continued public hearing set for August 13. As such, fundamental fairness will continue to be denied to United Enterprises, Inc, if this resolution is adopted; in which case, United Enterprises, Inc. is left with no choice, except to seek immediate relief against the City regarding the CEQA, Subdivision Map, General Plan, Eminent Domain and Constitutional issues that were presented at the August 6 Council hearing. Additionally, United Enterprises, Inc. must file an action for breach of contract against the developer and against the City for induce- ment to breach a contract. It is respectfully urged that you do not adopt this resolution, especially while legal counsel is not present. R spectful submitted, lenitt Michael Christopher Spata MCS:lg cc: United Enterprises, Inc. Paul Robinson, Esq. COUNCIL AGENDA STATEMENT Item /-7`" Meeting Date 8/13/85 ITEM TITLE: (a) Resolution 4242.5i- 2/a.✓ Determining and Declaring the Public Necessity of Acquiring Certain Right of Way for Public Street Purposes and Authorizing the Commencement of Condemnation Proceedings to Acquire said Right of Way (b) Resolution /A424 - Approving Agreement with Pacific Scene, Inc. to Cover the Full Costs of the Acquisition of Telegraph Canyon Road Right of Way (c) Resolution /.2 /-2-7- Deputizing the Firm of McDonald, Hecht & Solberg as Deputy City Attorneys to Conduct the Condemnation Proceedings SUBMITTED BY: Director of Public Works/City Engineer REVIEWED BY: City Manager (4/5ths Vote: Yes No ) At the Council meeting of 8/6/85, Council continued the Resolution declaring the necessity for acquiring right-of-way for Telegraph Canyon Road one week since the item needed a 4/5ths vote and one of the Council members was absent and only a 3-1 vote was obtained. At that hearing, information was presented to the Council from representatives of United Enterprises. This report will attempt to give the Council background on the projects and discuss the issues brought up by United Enterprises. RECOMMENDATION: That Council approve the resolutions as proposed. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Issues It appears there are several issues of concern to the Council , staff, United Enterprises and Pacific Scene that are involved with the decision the Council will be making. 1 . Pacific Scene has their last several units of townhouses not yet authorized for occupancy and the City Engineer is holding up any approval for occupancy until the right-of-way issue is assured. Therefore, they have an interest since the townhouses are ready for occupancy to have this resolution adopted. by the City Council of Chula Vista, California Dated Page 2, Item 7" Meeting Date 8/13/85 2. United Enterprises in 1982 agreed to sell the right-of-way to Pacific Scene based on the original project which was the 57 foot right-of-way. Their agreement not to protest a condemnation action, was based on the letter signed by Pacific Scene which indicated they would provide certain improvements to United's property including: a) a left-turn pocket at Buena Vista, b) a left turn pocket at the ranch entrance, and c) wooden poles or bollards in front of the homes so that if a car left the roadway it would not crash into the houses. There were other items involving drainage which Pacific Scene has already accomplished. United Enterprises' position is that these improvements were negotiated and agreed upon and were needed not necessarily because of the 57 foot widening but because of the increase in traffic volume on Telegraph Canyon Road due to Charter Point and Telegraph Point. Therefore, they feel that there is no reason to back out of those conditions at this time. Staff's position is that was a negotiated agreement between two private property owners and is not really a germane issue as far as the resolution before the Council tonight. On the other hand, staff would agree that installation of those improvements would make Telegraph Canyon Road safer as far as access to United Enterprises property. 3. The City staff wants the right-of-way issue resolved before they give any further approval to occupy any more townhouses at Charter Point. This is because once those approvals are granted, the pressure for Pacific Scene to push through in a timely manner would wane even though the City has bonds and a cash deposit far in excess of the amount necessary to build the roadway. However, without a 4/5ths vote from the Council to authorize the condemnation, the roadway cannot be widened. 4. United Enterprise has raised issues that the environmental process was not property concluded because when the scope of the Telegraph Canyon Road project was changed, there was not a modification to the environmental documents through a public hearing. The Environmental Coordinator for the City believes that from an environmental standpoint the project is sound because both Charter Point and Telegraph Point went through the environmental process and the original full blown project for Telegraph Canyon Road went through an environmental process in 1975. 5. State law has recently been modified to indicate that if the City has required improvements that necessitate offsite dedication, the City Council must agree to condemn the property within 90 days after a request. Therefore, there is the possibility that should the City not condemn United Enterprises property, then the condition to install the improvements on Telegraph Canyon Road would be waived. This would have a detrimental effect on several parties including the City, other developers in the area and even United Enterprises. • Page 3, Item Meeting Date 8/13/85 Background ' In 1978, Council approved the development plan for the El Rancho Del Rey area. The plan provided that the area shall develop generally in a west to east fashion so that the improvements could be installed in an orderly manner. Since Telegraph Canyon Road was only two lanes wide and since the owners of the Charter Point area and the Telegraph Canyon Point area were ready to develop, they requested in writing on July 2, 1979, that the development of the East College SPA and the 43 acres of the South College SPA (Charter Point and Telegraph Point Subdivisions) be allowed to develop in accordance with the adopted specific development plan with the condition that Telegraph Canyon Road be widened to four lanes as shown on the attached exhibits. On July 24, 1979, Council approved a report with a staff recommendation that Council approve the concept of the development of East College SPA and South College SPA conditioned upon the widening of Telegraph Canyon Road to a minimum of four lanes between the Casa del Rey Tract and Otay Lakes Road. On May 20, 1980, Council adopted Resolution 10093 certifying the Environmental Impact Report EIR-80-4 and adopting CEQA findings for development of the South College Sectional Planning Area. They also approved the development plan and tentative map for Charter Point which map included a condition to widen Telegraph Canyon Road between Otay Lakes Road and existing improvements easterly of Paseo Ladera on a temporary alignment. There was to be 57 feet of pavement which would provide for four lanes of traffic, a 3 foot painted median and two bike lanes. It wasn't until 1982 that the Telegraph Point Subdivision came before the City Council for approval. Telegraph Point Subdivision is the site of the current Navy housing project. It was during this public hearing that United Enterprises raised several issues concerning the construction of Telegraph Canyon Road and even though it was explained to them that before condemnation of any right-of-way could be accomplished, a public hearing to determine necessity would have to be held. Council in their approval of the Telegraph Point Subdivision modified the Planning Commission resolution by indicating that a public hearing will be conducted on the proposed widening/realignment work. This public hearing is to include, in addition to a determination of the necessity of taking right-of-way, the improvements to be constructed. Specified items of concern to United Enterprises are: a. Protection of existing structures from accidental damage by vehicles traveling on Telegraph Canyon Road. b. A protected entrance of the main ranch road from Telegraph Canyon Road. c. Adequate and safe driveways from Telegraph Canyon Road to existing ranch houses. • yr. Page 4, Item Meeting Date 8/13/85 That a public hearing was originally scheduled for July 13, 1982, but was continued in order to give United Enterprises ample time for input. On August 3, a public hearing was opened again, but continued to September 7, 1982, because the proponent for the project was studying an alternative proposal between the temporary 57 foot pavement for the entire length between Otay Lakes Road and Casa Del Rey Subdivision in exchange for a proposal to install the interim improvements (i .e. , four lanes and a median) in front of their development. On September 7, 1982, the Council closed the public hearing and tabled the matter until such a time as new legal descriptions had been prepared corresponding to the right-of-way requirements needed for the present proposal . There were no further public hearings on this matter for the acquisition of right-of-way until August 6, 1985. It should be remembered, however, that the change from the temporary alignment project to the ultimate alignment was being contemplated since 1982. United Enterprises was aware of all of these continuations. On July 24, 1984, Council approved a staff report discussing the change from the 57 foot project to be constructed from Telegraph Point Subdivision to Casa Del Rey and instead construct an interim four-lane divided highway in front of the perspective subdivisions. On October 25, 1984, by Resolution 11817 and 11818, Council revised the conditions for both Charter Point and Telegraph Point Subdivisions to construct a divided highway in front of the perspective developments in lieu of the 57 foot temporary alignment offsite. They also approved a resolution indicating that the perspective properties along the north side of Telegraph Canyon Road would develop portions of the roadway as their properties developed. Our records indicate that United Enterprises were not officially noticed of this resolution and that it was not put on the Council agenda as a public hearing. Correspondence Since the Council hearing on August 6, we have received correspondence from 1 ) Michael Spata representating United Enterprises, Inc. , and 2) Paul Robinson representing Pacific Scene, Inc. Mr. Spata wants the hearing continued until he and United's engineers return from out of town. Mr. Robinson indicates that Pacific Scene, Inc. commits to the City of Chula Vista that the improvements listed in their letter (those cited by United Enterprises and agreed to by letter in 1982) will be constructed and provided in one form or another. I believe that United' s concerns will be met, as committed to by Pacific Scene and, therefore, recommend that Council adopt the resolution. WPC 1606E COUNCIL AGENDA STATEMENT Item Meeting Date 8/13/85 ITEM TITLE: (a) Resolution 42&&:- Determining and Declaring the Public Necessity of Acquiring Certain Right of Way for Public Street Purposes and Authorizing the Commencement of Condemnation Proceedings to Acquire said Right of Way (b) Resolution /�/24 - Approving Agreement with Pacific Scene, Inc. to Cover the Full Costs of the Acquisition of Telegraph Canyon Road Right of Way (c) Resolution /;t /;2-7- Deputizing the Firm of McDonald, Hecht & Solberg as Deputy City Attorneys to Conduct the Condemnation Proceedings SUBMITTED BY: Director of Public Works/City Engineer �. REVIEWED BY: City Manager (4/5ths Vote: Yes No ) At the Council meeting of 8/6/85, Council continued the Resolution declaring the necessity for acquiring right-of-way for Telegraph Canyon Road one week since the item needed a 4/5ths vote and one of the Council members was absent and only a 3-1 vote was obtained. At that hearing, information was presented to the Council from representatives of United Enterprises. This report will attempt to give the Council background on the projects and discuss the issues brought up by United Enterprises. RECOMMENDATION: That Council approve the resolutions as proposed. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Issues It appears there are several issues of concern to the Council , staff, United Enterprises and Pacific Scene that are involved with the decision the Council will be making. 1 . Pacific Scene has their last several units of townhouses not yet authorized for occupancy and the City Engineer is holding up any approval for occupancy until the right-of-way issue is assured. Therefore, they have an interest since the townhouses are ready for occupancy to have this resolution adopted. by the City Council of Chula Vista, California Dated Page 2, Item Meeting Date 8/13/85 2. United Enterprises in 1982 agreed to sell the right-of-way to Pacific Scene based on the original project which was the 57 foot right-of-way. Their agreement not to protest a condemnation action, was based on the letter signed by Pacific Scene which indicated they would provide certain improvements to United' s property including: a) a left-turn pocket at Buena Vista, b) a left turn pocket at the ranch entrance, and c) wooden poles or bollards in front of the homes so that if a car left the roadway it would not crash into the houses. There were other items involving drainage which Pacific Scene has already accomplished. United Enterprises' position is that these improvements were negotiated and agreed upon and were needed not necessarily because of the 57 foot widening but because of the increase in traffic volume on Telegraph Canyon Road due to Charter Point and Telegraph Point. Therefore, they feel that there is no reason to back out of those conditions at this time. Staff' s position is that was a negotiated agreement between two private property owners and is not really a germane issue as far as the resolution before the Council tonight. On the other hand, staff would agree that installation of those improvements would make Telegraph Canyon Road safer as far as access to United Enterprises property. 3. The City staff wants the right-of-way issue resolved before they give any further approval to occupy any more townhouses at Charter Point. This is because once those approvals are granted, the pressure for Pacific Scene to push through in a timely manner would wane even though the City has bonds and a cash deposit far in excess of the amount necessary to build the roadway. However, without a 4/5ths vote from the Council to authorize the condemnation, the roadway cannot be widened. 4. United Enterprise has raised issues that the environmental process was not property concluded because when the scope of the Telegraph Canyon Road project was changed, there was not a modification to the environmental documents through a public hearing. The Environmental Coordinator for the City believes that from an environmental standpoint the project is sound because both Charter Point and Telegraph Point went through the environmental process and the original full blown project for Telegraph Canyon Road went through an environmental process in 1975. 5. State law has recently been modified to indicate that if the City has required improvements that necessitate offsite dedication, the City Council must agree to condemn the property within 90 days after a request. Therefore, there is the possibility that should the City not condemn United Enterprises property, then the condition to install the improvements on Telegraph Canyon Road would be waived. This would have a detrimental effect on several parties including the City, other developers in the area and even United Enterprises. �) Page 3, Item I / Meeting Date 8/13/85 Background In 1978, Council approved the development plan for the El Rancho Del Rey area. The plan provided that the area shall develop generally in a west to east fashion so that the improvements could be installed in an orderly manner. Since Telegraph Canyon Road was only two lanes wide and since the owners of the Charter Point area and the Telegraph Canyon Point area were ready to develop, they requested in writing on July 2, 1979, that the development of the East College SPA and the 43 acres of the South College SPA (Charter Point and Telegraph Point Subdivisions) be allowed to develop in accordance with the adopted specific development plan with the condition that Telegraph Canyon Road be widened to four lanes as shown on the attached exhibits. On July 24, 1979, Council approved a report with a staff recommendation that Council approve the concept of the development of East College SPA and South College SPA conditioned upon the widening of Telegraph Canyon Road to a minimum of four lanes between the Casa del Rey Tract and Otay Lakes Road. On May 20, 1980, Council adopted Resolution 10093 certifying the Environmental Impact Report EIR-80-4 and adopting CEQA findings for development of the South College Sectional Planning Area. They also approved the development plan and tentative map for Charter Point which map included a condition to widen Telegraph Canyon Road between Otay Lakes Road and existing improvements easterly of Paseo Ladera on a temporary alignment. There was to be 57 feet of pavement which would provide for four lanes of traffic, a 3 foot painted median and two bike lanes. It wasn't until 1982 that the Telegraph Point Subdivision came before the City Council for approval . Telegraph Point Subdivision is the site of the current Navy housing project. It was during this public hearing that United Enterprises raised several issues concerning the construction of Telegraph Canyon Road and even though it was explained to them that before condemnation of any right-of-way could be accomplished, a public hearing to determine necessity would have to be held. Council in their approval of the Telegraph Point Subdivision modified the Planning Commission resolution by indicating that a public hearing will be conducted on the proposed widening/realignment work. This public hearing is to include, in addition to a determination of the necessity of taking right-of-way, the improvements to be constructed. Specified items of concern to United Enterprises are: a. Protection of existing structures from accidental damage by vehicles traveling on Telegraph Canyon Road. b. A protected entrance of the main ranch road from Telegraph Canyon Road. c. Adequate and safe driveways from Telegraph Canyon Road to existing ranch houses. Page 4, Item 4/ Meeting Date 8/13/85 That a public hearing was originally scheduled for July 13, 1982, but was continued in order to give United Enterprises ample time for input. On August 3, a public hearing was opened again, but continued to September 7, 1982, because the proponent for the project was studying an alternative proposal between the temporary 57 foot pavement for the entire length between Otay Lakes Road and Casa Del Rey Subdivision in exchange for a proposal to install the interim improvements (i .e. , four lanes and a median) in front of their development. On September 7, 1982, the Council closed the public hearing and tabled the matter until such a time as new legal descriptions had been prepared corresponding to the right-of-way requirements needed for the present proposal . There were no further public hearings on this matter for the acquisition of right-of-way until August 6, 1985. It should be remembered, however, that the change from the temporary alignment project to the ultimate alignment was being contemplated since 1982. United Enterprises was aware of all of these continuations. On July 24, 1984, Council approved a staff report discussing the change from the 57 foot project to be constructed from Telegraph Point Subdivision to Casa Del Rey and instead construct an interim four-lane divided highway in front of the perspective subdivisions. On October 25, 1984, by Resolution 11817 and 11818, Council revised the conditions for both Charter Point and Telegraph Point Subdivisions to construct a divided highway in front of the perspective developments in lieu of the 57 foot temporary alignment offsite. They also approved a resolution indicating that the perspective properties along the north side of Telegraph Canyon Road would develop portions of the roadway as their properties developed. Our records indicate that United Enterprises were not officially noticed of this resolution and that it was not put on the Council agenda as a public hearing. Correspondence Since the Council hearing on August 6, we have received correspondence from 1) Michael Spata representating United Enterprises, Inc. , and 2) Paul Robinson representing Pacific Scene, Inc. Mr. Spata wants the hearing continued until he and United's engineers return from out of town. Mr. Robinson indicates that Pacific Scene, Inc. commits to the City of Chula Vista that the improvements listed in their letter (those cited by United Enterprises and agreed to by letter in 1982) will be constructed and provided in one form or another. I believe that United's concerns will be met, as committed to by Pacific Scene and, therefore, recommend that Council adopt the resolution. WPC 1606E