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HomeMy WebLinkAboutcc min 1973/01/17 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Wednesday January 17, 1973 An adjourned regular meeting was held by the City Council of Chula Vista, California on the above date beginning at 3:00 p.m. in the Council Chamber, Civic Center, 276 Fourth Avenue, Chula Vista, with the following Councilmen present: Councilmen Scott, Hyde, Egdahl Absent: Mayor Hamilton, Councilman Hobel Also present: City Manager Thomson, City Attorney Lindberg, Attorney Marvin Burns Court Reporter Jack Tyler recorded the minutes of this meeting. In the absence of Mayor Hamilton, Vice Mayor Will T. Hyde presided over the meeting. Public hearing opened This being the time and place as advertised, Mayor Pro Tempore Hyde opened the public hearing. OPENING STATEMENTS Marvin Burns, Attorney Mr. Burns, attorney for Princess Park Estates, Fulop, Rolston, Burns and Inc., presented his opening statement by sub- McKittrick mitting the following exhibits: 9665 Wilshire Boulevard Beverly Hills, Ca. 1. Map (topography) dr~wn by G. Irish, Planning Department, Chula Vista, dated October 1966. 2. Map - tentative map of Apollo Unit No. 3. Received by the Planning Department on September 9, 1971 and marked "disapproved by Planning Commission 11-2-71." Mr. Burns stated that as a consequence of the denial of the map, his clients petitioned the Superior Court for a writ of mandate to compel the City to file the map. The Superior Court decided that the City did not have enough evidence on which to base their decision in denying the map, and ordered that the City con- sider the matter anew. Mr. Burns then read the judgment of the Court. Mr. Burns added that he would present evidence regarding Time Development Company, as follows: 1. the petitioner is a bona fide purchaser of the land 2. concerning the reasonableness of the present conditions to the approval of the tentative subdivision map known as Apollo Unit No. 3, in light of the history of the entire develop- ment of the subdivision; 3. the developer purchased the property without knowing that the City rejected the tentative map submitted with respect to the land. Attorney Burns then summarized the history of the development in question. G. Don Lindberg, Attorney Mr. Lindberg stated he is the attorney repre- City of Chula Vista, Ca. senting the City of Chula vista, and explained that this hearing was called to take testimony, evaluate it and make findings of fact. Mr. Lindberg discussed the conditions: 1. the design of the subdivision produced a sliver of land unacceptable and unsuitable for R-1 development, and therefore, because of the design of the land did allow for rejection of the map; 2. Orange Avenue was, in fact, a reasonable con- dition for dedication and improvement to serve the needs of this subdivision. Recess A recess was called at 4:36 p.m. and the meeting reconvened at 4:52 p.m. Owner of property In answer to the Council's queries, Mr. Burns discussed tke fact that both Time Development Company and Princess Park Estates, Inc., have an interest in this land -- Time Development wants to develop the property, and Princess Park wants %o get the land improved. Harvey Furgatch City Clerk Fulasz ~w~re in Mr. Furgatch as a 3246 Governor Drive witness. San Diego Mr. Furgatch, questioned by Attorney Burns, stated he was President of Time Development Company, a partnership, which company purchased the property in question. It was their intention to develop this land if the map was approved. Other than purchasing the property in August 1971, Time Development had no connection with Princess Park Estates. Mr. Furgatch had not seen the General Plan of the City of Chula Vista up to the time of the land purchase, nor was he aware of the proposed extension of Orange Avenue. Evidence presented During Mr. Furgatch's testimony, the following exhibits were presented for evidence by Attorney Burns: 3. Aerial Photo made by Palomar Pictures, San Diego, dated July 27, 1972. 4. Letter signed by Earl Cohen, Vice President, Princess Park Estates, Inc., 2030 State Street, San Diego, addressed to Time Development Company, Inc., and signed also by Harvey Furgatch, President, Time Development Company, dated August 10, 1971. 5. Xeroxed copy of check in the amount of $25,000.00 payable to Princess Park Estates and signed by H. Furgatch, Time Development Co. (The date on the front of the check is not legible but the endorsement on the back is stamped with the date "Aug. 25 '71". 6. Corporation Grant Deed from Princess Park Estates, Inc., to Time Development Co., a Partnership. Deed is signed by Earl Cohen, Vice President and Ralph E. Spaid, Secretary and dated August 17, 1971. -2- 7. Quitclaim Deed from Time Development Company, a Partnership, to Princess Park Estates, Inc., a California corporation, dated August 18, 1971 and signed by Harvey Furgatch, President, Time Development Company, a Partnership, By: Bahar Con- tracting Co. 8. Letter signed by Michael A. Morris, Vice President, Time Development Co., a partner- ship, By: Bahar Contracting Co., a Califor- nia corporation to Princess Park Estates, Inc., 2030 State Street, San Diego, dated January 21, 1972. The letter is marked in the lower left hand corner: "Agreed: Princess Park Estates, Inc., and signed by Louis Feller, President." 9. Note Secured by Deed of Trust dated August 16, 1971 in the amount of $286,000.00 to Princess Park Estates, Inc. and signed by Harvey Furgatch, President, Time Development Co., a partnership, by: Bahar Contracting Co. 10. Map - tentative map of Princess City dated Feb. 17, 1964 and received by the Planning Department on Feb. 18, 1964. Attorney Lindberg City Attorney Lindberg questioned Mr. Furgatch as to his (Furgatchs') company's involvement in this land transaction. In answer to other inquiries, Mr. Furgatch stated he has been acquainted with Mr. Lou Feller, President of Princess Park Estates, for the past 15 years. His agreement with Mr. Feller was for purchase of improved lots and not of raw land, per se. Time Development Company did develop Flair Subdivision, north of the property in question and Time for Liv~ing Subdivision "somewhere nearby" this proposed subdivision. Mr. Furgatch indicated that the zoning and General Plan for this property was checked "somewhere along the way" but not prior to the purchase of the propert~ He added that he may not have purchased the property had he known of the condition of improving Orange Avenue. Mr. Furgatch excused Mr. Furgatch was excused at 5:40 p.m. Meeting adjourned Mayor Pro Tempore Hyde adjourned the meeting at 5:45 p.m. to reconvene at 7:30 p.m. this same day. Meeting reconvened The meeting reconvened at 8:25 p.m. with the following Councilmen present: Councilmen Scott, Hobel, Hyde, Egdahl and Mayor Hamilton Absent: None Councilmen's attendance at Attorney Burns noted that Mayor Hamilton and meeting Councilman Hobel was not in attendance at the afternoon session, at which time the opening statements were made and Mr. Furgatch was questioned. -3- Mr. Burns stated he would agree to having Mayor Hamilton and Councilman Hobel make a determination on the matter subject to the condition that they read the transcript of the afternoon session. Hearing reopened Mayor Hamilton reopened the public hearing. Evidence presented Attorney Burns submitted the following exhibits for evidence: 11. Two (2) pages of records - xeroxed copies. One dated August 30, 1971 and the other dated January 30, 1972 from accounting records of Princess Park Estates, Inc. Bruce H. Warren Mr. Warren was sworn-in as a witness. 18021 Whitewood Way Irvine, California In answer to Attorney Burns' questions, Mr. Warren stated he was the former Director of Planning of the City of Chula Vista, and detailed his educational background and pro- fessional experience as a Planner. Mr. Warren was questioned as to how many units he felt constituted a requirement of putting in a major street or a collector street; standards for requiring street improvements; traffic counts~ planning studies made for the need of Orange Avenue, and the responsibility of developers as to street improvements. During Mr. Warren's testimony, Mr.Burns presented the following exhibits as evidence: 12. City Council documents pertaining to the entire history of this matter in question: transcripts of meetings, resolutions, and miscellaneous correspondence. (Binder) 12a. Resolution No. 5215 approving tentative map of Princess Manor Unit No. 6 dated June 3, 1969 (certified copy). 13. Map - Princess Manor Unit No. 1, received in Planning Department on June 22, 1964 (5 sheets)- final map. 14. Map - Princess Manor Unit No. 2 received by Engineering on August 26, 1964 (11 sheets) - final map. 15. Map - final of Princess Manor Unit No. 3 - stamped as received in the Engineering De- partment on November 12, 1964 7 sheets. 16. Map - Princess Manor Unit No. 4 - stamped as received in the Engineering Department on October 25, 1965 - 11 sheets. 17. Map - Princess Manor Unit No. 7 - stamDed received in the Planning Department on March 10, 1965 - 2 sheets. 18. Map - Revised tentative of Princess Manor 4 and 5 - received in Planning Department on December 20, 1965. The map is dated 11-23-65 and stamped "Approved 12-20-65 by the Planning Commission. -4- 19. Letter to the Honorable Mayor and City Council of Chula Vista from Paul A. Man- ganelli, Associate Planner, regarding Planning Commission recommendations of approval of Princess Manor Unit No. 5 listing conditions. Letter dated 12/22/65. 20. Map - Princess Manor Unit No. 5 - final - stamped as received in Planning Depart- ment on April 13, 1966 11 sheets. 21. Revised tentative map of Princess Manor No. 6 dated 7/25/68 and stamped as received in Planning Department on August 2, 1968. 22. Letter to Honorable Mayor and City Council dated 8/21/68 signed by Bruce H. Warren, Director of Planning, regarding Planning Commission denial of Princess Manor Unit 6 on August 19, 1968. 23. Revised tentative map of Princess Manor No. 6 stamped as received in the Planning Department on May 7, 1969. 24. Letter dated May 20, 1969 to the Honorable Mayor and City Council signed by Bruce H. Warren, Director of Planning, regarding Planning Commission recommendation of approval of tentative map of Princess Manor Unit No. 6 on May 19, 1969. Recess A recess was called at 9:20 p.m. and the meeting reconvened at 9:35 p.m. Further questioning Mr. Warren was questioned further by Attorney Burns as to traffic counts and the condition imposed by the Planning Commission regarding the improvement of that portion of Orange Avenue. Continuance Discussion ensued as to the lateness of the hour, and continuing on with the questioning. Mr. Warren indicated he had to leave but could return on Friday to complete his testimony. Attorney Burns agreed to the continuance com- menting that Mr. Lane Cole, Director of Public Works, be directed to attend the next meeting for purpose of questioning. ADJOURNMENT Mayor Hamilton declared the meeting adjourned at 10:10 p.m. to Friday, January 19, 1973 at 3:00 p.m. in the Council Chamber. .J~ni~ M. Fulas~, City Clerk~ ~ity of Chula Vista, California