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HomeMy WebLinkAboutcc min 1973/01/24 MINUTES OF AN ADJOUrnED REGULAR MEETING OF THE CITY COUNCIL OF CHUL~ V~STA, CALIFORNIA Held Wednesday January 24, 1973 A~OLLO 3 TENTATIVE SUBDIVISION MAP A regular adjourned meeting of the City Council of Chula Vista, California, was held on the above date beginning at 3:00 p.m. in the Council Chamber, Civic Center, 276 Fourth Avenue, with the following Councilmen present: Councilmen Scott, Hamilton, Hyde, Egdahl Absent: Councilman Hobel Also present: City Attorney Lindberg, Attorney Marvin Burns Attached is a transcript of the meeting as reported by David M. Sperling, Certified Shorthand Reporter, Court Reporter. ) CITY COUNCIL, CITY 0F CHULA ) VISTA, CALIFOP~IA - P~BLIC ) HEARING; CONSIDERATION OF ) TENTATIVE MAP -- APOLLO SUB- ) DIVISION, UNIT NO. 3. ) ) ) ) HEARD AT Council Chambel. 276 ~th Avenue Chula Vista, CallfoPnla J~u~y 2~, 1973 REPORTED BY: DAVID X. SPERLING HARREL.L.W. BRUNSON, C OURT REPORTERS · Ul~ 1448 ! CITY COUNCIL, CITY OF CHULA ) VISTA, CALIFORNIA - PUBLIC ) HEARING; CONSIDERATION OF ) TENTATIVE MAP -- APOLLO SUB- ) § DIVISION, UNIT NO. 3. ) ) PROCEEDINGS had at a public meeting held at the Council 8 Chambers, City of Chula Vista, California, commencing at 3:00 § p.m. on Wednesday, January 24, 1973, reported by David M. Sper- [0 ling, Certified Shorthand Reporter. COUNCIL MEMBERS PRESENT Mayor Thomas D. Hamilton, Jr. !4 Councilman Frank A. Scott Councilman Will T. Hyde Councilman Lauren I. Egdahl !8 APPEARANCES: For City Attorney: George D. Lindberg City Attorney 20 Civic Center 276 Fourth Avenue 2! Chula Vista, California 92010 For Princess Park Estates: FULOP, ROLSTON, BURNS & McKITTRICK, by Marvin G. Burns 9665 Wilshire Boulevard 24 Beverly Hills, California 90212 HARRELL W. BRUN$ON, C.$.R. CHULA VISTA~ CALIFORNIA, WEDNESDAY~ JANUARY 24, 1973~ 3:00 p.m. MAYOR HAMILTON: I call the meeting to order. 4 I move we go into executive session for litigation § purposes. 6 COUNCILMAN SCOTT: I second. ? THE CLERK: Carried unanimously. 8 (Adjourned at 3:05 p.m.) 9 (Reconvened at 4:55 p.m.) [0 MAYOR HAMILTON: I will reconvene the meeting of the City il Council that was adjourned from the meeting yesterday evening to discuss matters that were undertaken in executive session. !3 Now, if you would like to make the comments for the 14 record, Mr. Lindberg. 15 MR. LINDBERG: Yes, Mr. Mayor. !6 In executive session and in consultation between the !? attorneys and engineers for Time Development Company and our own city engineer, or Director of Public Works, I should more properl2 !9 say, the following terms, conditions for the acceptance of the 20 subdivision map as submitted and labeled as "Apollo Unit No. 3" which is presently marked with an asterisk in the upper right- 22 hand corner, the following conditions would be acceptable: 23 Number One. The developer would secure the dedication 24 of the full width right-of-way for Orange Avenue from the westerl 25 to the easterly boundary of said subdivision, and that is the 26 right-of-way that is adjacent to the subdivision boundary. 2? Two. The developer will secure the grant in fee to the property located between the southerly boundary of the HARRELL W, BRUNSON, C.S.R. subdivision known as Apollo Unit No. 3 and the northerly boundary of the Orange Avenue right-of-way for the full length of the subdivision. (A discussion was held off the record.) MR. LINDBERG: Said grant to be to the City of Chula Vista. Three. The developer agrees to install a uniform fence, five feet in height, for the full length of the southerly boundary of the subdivision, and, in addition, agrees that the maintenance of that fence will be provided through CC and R's deed restrictions to be imposed upon the subdivision in a manner acceptable to the City of Chula Vista, and that the City of Chula Vista will be party to said CC and R's and enforceable by the City. Four. That City and the developer will provide for th, grant of necessary slope rights along the southerly boundary of the subdivision running to the developer provided, however, that no slope rights shall be intruded into the right-of-way of Orange Avenue. I might add, parenthetically, here, the right-of-way of Orange Avenue may still be subject to slight design arrange- ment and engineering which will be worked out between the City Engineer, or the Director of Public Works, and the engineer for the developer. Five. That the location of Brandywine Avenue, as shown on the subdivision map herein above referred to, will be acceptable provided that the Director of Public Works and the engineer for the subdivider can agree upon an appropriate connec- ting link between the northerly terminus of the existing HARRELL W, BRUNSON, C.$.R. 4 ! Brandywine Avenue and the southerly terminus of Brandywine 2 Avenue as it is mapped on the existing subdivision map presented 3 by the developer. 4 This last condition is the primary condition of § concern, and the matter would be left to a proper determination 6 by the City Engineer, the Director of Public Works, to insure ? that in the future, when this link of Brandywine Avenue is 8 accomplished, that it can be done in an agreeable manner accord- 9 ing to engineering design. 10 Mr. Burns may wish to have some additional comments 11 to this statement. 12 MR. BURNS: Yes. It's our understanding with respect to 13 this last condition that what is being submitted, or what will be 14 submitted and discussed between the Director of Public Works 15 and the engineer, is a feasibility study; that is, is there a 16 reasonable way to do this assuming that this asterisk map is the 17 map that is approved,but that no one is bound, neither the City 18 nor any future developer is bound to that particular mode of 19 development. It's just showing that there is a way to do it. 20 Is that our understanding? 21 MR. LINDBERG: That would be my understanding of the last 22 condition on this map. 23 MAYOR HAMILTON: Is that the understanding of the Director 24 of Public Works? 25 MR. LINDBERG: The Director of Public Works has indicated 26 this is his understanding of the conditions here. 27 COUNCILMAN SCOTT: Do we need a motion to formally make 28 this offer on the part of the City? HARRELL W. BRUNSON, C.S.R. 1 MR. LINDBERO: Yes, Councilman Scott. I would suggest that the Council do make such a motion and indicate in the motion that this matter is continued 4 for two weeks until 3:00 p.m., Wednesday, February 7, I believe, 5 is that date, 1973, and that in the event that there is no ability to arrive at a feasible solution to condition No. 5, that the public hearing originally scheduled for today would 8 proceed at that time. 9 (A discussion was held off the record.) l0 COUNCILMAN SCOTT: I would move that the offer that was 11 presented and read by the City Attorney be an offer of the Clty 12 Council, and that we have a meeting February 14 to continue. 13 MAYOR HAMILTON: The hearing if the offer is not acceptable? COUNCILMAN SCOTT: And we make this offer without prejudice. 15 MAYOR HAMILTON: Motion is made. COUNCILMAN HYDE: Second. 17 MAYOR HAMILTON: And seconded. 18 Is there any discussion to the motion? 19 (No audible response.) 20 MAYOR HAMILTON: Cast your votes, please. 21 THE CLERK: Unanimous. COUNCILMAN EGDAHL: Now, Mr. Mayor, it would be important to me to have a statement from the attorney representing Apollo 24 3 to the effect that they recognize also the -- 25 COUNCILMAN HYDE: That they understand -- COUNCILMAN EGDAHL: That they understand it, and it's 27 acceptable. MR. BURNS: We understand that, and subject to this being HARRELL W, BRUNSON, C.S.R. 6 ! worked out, it would be acceptable. COUNCILMAN EGDAHL: All right. 3 COUNCILMAN SCOTT: Okay. 4 MAYOR HAMILTON: Is there any other matter that needs to be 5 brought up under this council meeting? (No audible response.) ? MAYOR HAMILTON: This meeting is adjourned. 8 The meeting will be reconvened on February the 14th. 9 MR. BURNS: Thank you, gentlemen. 10 (Adjourned at 5:05 p.m.) 11 -o0o- 16 17 20 2t 22 23 24 28 HARRELL W. BRUNSON. C.S.R. 7 ! 4 $ 6 I, DAVID M. SPERLING, Certified Shorthand Reporter, do ? hereby certify that I reported the foregoing proceedings had 8 in machine shorthand, and that those proceedings were later 9 reduced to typewriting under my direction; that the foregoing l0 transcript is a true, accurate and correct record of the pro- ~! ceedings had, done to the best of my skill and ability. ~ d 12 DATED this ~ijl~i~ ay of ~\ ~-~ , 1973 at San Diego, California. CERTIFIED SHORTHAND REPORTE~ii 20 2! 24 HARRELL W. BRUN$ON. C.$,R.