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HomeMy WebLinkAboutAGENDA REPORT 1999 1006 CC REG ITEM 10DTO: FROM: DATE: CITY OF MOORPARK AGENDA REPORT Honorable City Council -I I z . 3 (2 ) (f -) ITEM -1 l 0 - 2�) r CI IY i1F %1()(IRP,114K, CALIFOR -Mi A City Cauncil Nieeiing of �rtLl '1'� /c/or ACTION: tf." // ' 9° John E. Nowak, Assistant City Manager,cJ 23 September 1999 (Meeting of 10/06/99) SUBJECT: Consider the Requirement for Reciprocal Access through Mission Bell Plaza to Liberty Bell by Westgate Plaza (Parcel Map 5056 and CPD 96 -2). BACKGROUND: A condition for the development of the Westgate Plaza project west of Mission Bell Plaza was to attain reciprocal access through the Mission Bell Plaza property to Liberty Bell Road. The developer of Westgate Plaza has been unable to attain an access agreement and is seeking to have the condition removed. DISCUSSION: In 1997 the City approved Parcel Map 5056 and CPD 96 -2 for the development of Westgate Plaza on Los Angeles Avenue. Condition No. 59 of the Parcel Map conditions the project as follows: The subdivider shall obtain a non - exclusive reciprocal ingress /egress, drainage, and utility easements between itself and the owners of the commercial development to the east. Said easements shall be reviewed and approved by the City Attorney, City Engineer, and Director of Community Development. Dr. DeeWayne Jones, developer of the Westgate Plaza project, has indicated that he is unable to attain the easements from the owner of the Mission Bell Plaza II development, and is asking to be relieved of that condition. 00d4G'-, Westgate Plaza Project Meeting of 06 October 1999 Page 02 An option for the Council's consideration is that staff initiate a Modification to Parcel Map 5056 to remove Condition No. 59, the reciprocal access requirement, which would be approved by the Director of Community Development. RECOMMENDATION: Direct staff as deemed as appropriate. 00046 CITY CLERK'S DEPARTMENT MEMORANDUM TO: Honorable City Council FROM: Deborah S. Traffenstedt, City Clerk DATE: October 1, 1999 SUBJECT: REQUEST FROM DEEWAYNE JONES FOR RELIEF FROM CITY RECIPROCAL ACCESS REQUIREMENT THROUGH MISSION BELL PLAZA An item is included on the October 6, 1999 Regular Meeting agenda (Item 10.D.) pertaining to the request for relief from the reciprocal access condition for CPD -96 -2 and Parcel Map 5056. Attached to this memorandum is additional background information pertaining to Agenda Item 10.D. cc: Steve Kueny, City Manager John Nowak, Assistant City Manager August 27, 1999 Steve Kueny, City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 tECEIVED AUG' 2 R 1999 PrIft CITY CS Re: Request for relief from City Condition for access through Mission Bell Plaza. Dear Mr. Kueny: Please reschedule my request for relief from Reciprocal Access Condition Number 113 of entitlement number CPD 96 -3 and CUP 96 -2 at the earliest possible time. Tenants are looking elsewhere with Mission Bell Plaza benefitting from two ... It is obvious why Mrs. Moy will not agree to the access. The City had a wonderful opportunity during the sale of Mission Bell Plaza to Mrs. Moy to resolve the access issue. Why wasn't it done? Without the access my project is landlocked. It is clear that I will need the City's assistance if I choose to pursue other alternatives to having just one access limited to right turns only to New Los Angeles Avenue. The City can assist me in the following ways: 1. Join with me in offering compensation or 2. Allow me to place a signal at the entrance to allow left turns in and out 3. Provide secondary or emergency access through Mission Bell or perhaps Everest As you know we promised the residents along Shasta that there would be no business traffic from this project. That option is not palatable. There is a serious problem here that the City created. I've exhausted my resources. I need the City's help. Sincer ly, A. DeeWayne Jones, D.D.S. xc: John Newton Mitch Kahn -- Members of the Council M.4.4 off �5_ Q%3� 1!!99 1, SYt9cMo��y.!< A. DEEWAYNE JONES, D.D.S. FAMILY DEN rAL CARE August 26, 1999 The Honorable Patrick Hunter, Mayor Members of the City Council 799 Moorpark Avenue Moorpark, CA 93021 Re: Reciprocal Access Mission Bell Plaza/Westgate Plaza Dear Mayor Hunter: 783 E. MMN SnW" SANTrA PAULA, CALIFORNIA 93060 (805) 685.7554 • 535 -3001 AW2 6"U CITY CW MW,S CB "A K In a letter from the City Manager dated June 18`x, he said he would meet with Mrs. Moy and "encourage cooperation" for granting the access. 24 Hour Fitness has informed me that they will void the lease if the access is not granted. That in turn will cancel any chances for financing this project. Three weeks ago I informed you, the Council and the City Manager that Regal Cinemas want to vacate their lease with Mission Bell and had offered their space to 24 Hour Fitness. My sources tell me that Albertson's will in fact agree to allow 24 Hour Fitness to replace Regal Cinemas. The City Manager suggested in a phone call to me that we remove my request for condition relief from the August 18 agenda. His reasons were that if the Council wanted to renew efforts to accomplish the access by eminent domain or some other means, the Condition in place would be very beneficial. I agreed. In our phone conversation last Monday, the City Manager informed me that there were no instructions from Council to pursue remedies with Mrs. Moy. 24 Hour Fitness wants to be in my project. If the access problem is resolved, I believe we could be on the site within 30 days. Without the access the project is dead. My concerns with eminent domain are timing and cost. I believe the City is in a good position to offer Mrs. Moy a discount on the note she has with the Redevelopment Agency. It could be done quickly and less costly than any other action. I hereby ask the Council to vigorously pursue a remedy with Mrs. Moy using whatever incentives the Council deems appropriate. Sin rel A. Dee ayne Jones, D.D.S. Imperial Bank Tower Sherman Oaks, Galleria 15303 Ventura Blvd., Suite 900 Sherman Oaks, California 91403 Telephone (818) 990 -1160 Fax (818)996.6+eg 9�� -srp9 July 27, 1999 Dr. A. DeeWayne Jones 722 E. Main Street Santa Paula, CA 93060 Re: Mission Bell Plaza Reciprocal Access Dear Dr. Jones: Thank you for your letter dated July 19, 1999. This letter is to respond to your offer of $100,000 as compensation for the access. I thank you very much for the offer. At this time we are not able to entertain your proposal to open the access between the two properties. As I mentioned to Mr. John Newton, I shall revisit this subject matter sometime in the future, after Westgate Plaza is built and there is some experience in terms of how the centers will function together. I wish you success in requesting the City to remove the reciprocal access conditions with Mission Bell from your project. Sincerely, GOLDEN HORIZON REALTY, INC. BY . _ ,: en Mission Bell reciprocal access Jones DECEIVED AUG 6 1999 ("ItV 0' Mborpark ---16" rynnnlnmmnnl n[y�ar�mn r • A. DEEIVAYNE JONES, D.D.S. FA -MILY DENTAL CARE July 19, 1999 Marianne J. Moy Golden Horizon Realty, Inc. 15303 Ventura Blvd., Suite 900 Sherman Oaks, California 9140' ) Re: John Newton July 14 Letter Dear Mrs. Moy: 722 E. MAIN STREET SANTA PAULA, CALIFOR \'IA 93060 (805) 525.7 • 525.3001 Enclosed is a copy of my letter to the City, dated July 15, 1999, where I have asked for relief from their condition to access Mission Bell. Also enclosed is a copy of a letter dated July 1, 1999, from Maguire and Associates who represent 24 Hour Fitness. They will terminate their lease by July 31, 1999 if financing and the access is not in place by that date. I have a commitment for financing subject to retaining 24 Hour Fitness and securing the access. Losing this major anchor tenant will be a severe blow to the viability of my project as presently planned. We would lose a tenant with 1500 members using the club three to four times a week. The City cannot force this condition on you and me. However, I do need the access to keep 24 Hour Fitness. Before the sale of Mission Bell Plaza, Neno and I had discussed compensation for the area involved in the access. Would you be willing to accept $100,000.00 as compensation for the access. In addition, Westgate Plaza would pay all costs involved as stated in the Reciprocal Agreement. Please accept my sincere thanks for considering my offer. You have been most gracious with your time and energy over the past several months. And a special thank you for your time spent with John Newton. I am anxious to hear from you. Sincerely, A. DeeWayne Jones, D.D.S. ADJ:sj Enclosures Imperial Bank Tower Sherman Oaks, Galleria 15303 Ventura Blvd., Suite 900 Sherman Oaks, California 91403 Telephone (818) 990 -1160 Fax (818) -95 -§}gy July 27, 1999 Dr. A. DeeWayne Jones 722 E. Main Street Santa Paula, CA 93060 Re: Mission Bell Plaza Reciprocal Access Dear Dr. Jones: RECEIVED CITY C1s.); RK's OFF[Cg, CITY OF' 1%100RPARK Thank you for your letter dated July 19, 1999. This letter is to respond to your offer of S100,000 as compensation for the access. I thank you very much for the offer. At this time we are not able to entertain your proposal to open the access between the two properties. As I mentioned to Mr. John Newton, I shall revisit this subject matter sometime in the future, after Westgate Plaza is built and there is some experience in terms of how the centers will function together. I wish you success in requesting the City to remove the reciprocal access conditions with Mission Bell from your project. Sincerely, GOLDEN HORIZON REALTY, INC. BY ANNE J. MOY, Pr 'dent Mission Bell reciprocal access Jones Imperial Bank Tower Sherman Oaks, Galleria 15303 Ventura Blvd., Suite 900 Sherman Oaks, California 91403 Telephone (818) 990 -1160 Fax (818) 9} July 27, 1999 Dr. A. DeeWayne Jones 722 E. Main Street Santa Paula, CA 93060 Re: Mission Bell Plaza Reciprocal Access Dear Dr. Jones: Thank you for your letter dated July 19, 1999. This letter is to respond to your offer of $100,000 as compensation for the access. I thank you very much for the offer. At this time we are not able to entertain your proposal to open the access between the two properties. As I mentioned to Mr. John Newton, I shall revisit this subject matter sometime in the future, after Westgate Plaza is built and there is some experience in terms of how the centers will function together. I wish you success in requesting the City to remove the reciprocal access conditions with Mission Bell from your project. Sincerely, GOLDEN HORIZON REALTY, INC. BY -71 O.RIANNE J. MOY, Pr 'dent Mission Bell reciprocal access Jones A. DEEWAYNE JONES, D.D.S. FAMILY DENTAL CARE July 19, 1999 Marianne J. Moy Golden Horizon Realty_ , Inc. 15303 Ventura Blvd.. Suite 900 Sherman Oaks, California 91403 Re: John Newton July 14 Letter Dear Mrs. Moy: 722 E. MAIN STREET S:L \TA PAULA, CALIFOF -\'IA 93060 (805) 525.7 • 525 -3001 Enclosed is a copy of my letter to the City, dated July 15, 1999, where I have asked for relief from their condition to access Mission Bell. Also enclosed is a copy of a letter dated July 1, 1999, from Maguire and Associates who represent 24 Hour Fitness. They will terminate their lease by July 31, 1999 if financing and the access is not in place by that date. I have a commitment for financing subject to retaining 24 Hour Fitness and securing the access. Losing this major anchor tenant will be a severe blow to the viability of my project as presently planned. We would lose a tenant with 1500 members using the club three to four times a week. The City cannot force this condition on you and me. However, I do need the access to keep 24 Hour Fitness. Before the sale of Mission Bell Plaza, Neno and I had discussed compensation for the area involved in the access. Would you be willing to accept $100,000.00 as compensation for the access. In addition, Westgate Plaza would pay all costs involved as stated in the Reciprocal Agreement. Please accept my sincere thanks for considering my offer. You have been most gracious with your time and energy over the past several months. And a special thank you for your time spent with John Newton I am anxious to hear from you. Sincerely, A. DeeWayne Jones, D.D.S. ADJ :sj Enclosures A. DEEWAYNE JONES, D.D.S. VOULY D&VrAL CARE 722 E. MAW STREET S&VrA PAL14 CALTPOR \'IA 933 (805) 525.7464 • 525.3001 July 15, 1999 R CEIPYT.D Steve Kueny, City Manager City of Moorpark 'JUL 19 1 X99 799 Moorpark Avenue Moorpark, California 93021 CITY v LE � " nFF CE Re: Reciprocal Access through Mission Bell Plaza to Liberty Bell Dear Mr. Kueny: I've dreaded the day that I would have to write the City this letter requesting relief from the Reciprocal Access condition. It has been part of my marketing and design program from day one .... it is good planning and should have been embraced by all parties. Over the past three years, I've asked you, the Mayor, City Council Members and others to help me solve this problem. More recently it has been John Newton who meticulously researched the entire history and with great clarity presented his findings to Mrs. Moy. He did so again in a meeting with her last Friday. The results of that meeting are documented in the enclosed packet. It is quite obvious to Lenders and Tenants that the access is crucial to the success of the project. My deal with IHOP is gone .... 24 Hour Fitness has given me until August 1, 1999 to secure financing and the access. The project can survive without IHOP but the loss of 24 Hour Fitness will kill the project. Notwithstanding all of the above, I will be diligent in my efforts to seek other tenants or even go in a different direction. I hereby request that the City and all other agencies remove the Reciprocal Access condition with Mission Bell from this project. Sin er , A. Dee ayne Jones, D.D.S. ADJ:sj Enclosures / xc: The Honorable Patrick Hunter, Mayor v Members of the Council Wayne Loftus, Community Planning Director Dirk Lovett, City Engineer John Newton MAGUIRE ASSOCIATES Commercial Real Estate Services July 1, 1999 A. DeeWayne Jones, D.D.S. 722 E. Main Street Santa Paula, California 93060 RE: Lease Westgate Plaza Moorpark, California Dear Doctor Jones: My client has requested that I write this letter to inform you that if you are unable to provide them proof of financing, as well as the required easement with the property owner next door by the end of July as required by the lease of the above - described property, they are going to elect to terminate the lease pursuant to their lease termination rights. It is our hope that you are able to accomplish both of these items by the end of July so that we can move forward on this transaction and move into the positive phase of construction. However, if you are unable to do so, they would like to explore other site options. Sincerely, MAGUIRE ASSOCIATES Kevin S. Maguire /deb C. Todd Smith Bob Walsh Bob Haas PHONE: 949/721 -0568 FAX 949/721 -6875 KSMMA @EMAIL.MSN .COM 567 SAN NICOLAS, SUITE 207 NEWPORT BEACH, CA 92660 John W. Newton & Associates, Inc. �zofesiional consultantl 165 High St., Suite 103 Post Office Box 471 Moorpark, California 93021 Telephone (805) 378 -0073 Fax No. (805) 378 -0080 July 14, 1999 A. DeeWayne Jones, D.D.S. 722 East Main Street Santa Paula, California 93060 Re: Reciprocal Access, Mission Bell Plaza Phase II (Major Mod.No. 2 CPD 89 -1, PM 4961 September 7, 1994) and Westgate Plaza (CPD 96 -3, CUP 96 -2, PM 5056 September 17, 1997). Dear Dr. Jones: On Friday, July 9, 1999 I met with Marianne J. May, President, Golden Horizon Realty, Inc. at her office in Sherman Oaks. Mrs. May is the current owner of Mission Bell Plaza. The purpose of our meeting was to discuss the potential of achieving a reciprocal access agreement between the two commer- cial centers as envisioned by the City of Moorpark, the former Mission Bell Plaza owners and yourself. Mrs. May was very gracious and provided me all of the time I needed to present, again, the historical elements outlining the long established intent and desire of City officials and property owners for open, on site, circula- tion between the centers. Additionally, I presented the February 25 -March 7, 1999 survey /petition of current Mission Bell Plaza tenants, wherein all but one (1) tenant supported the reciprocal access plan. I provided copies of correspondence dated May 29- September 4, 1997 clearly establishing the intent of the previous Mission Bell Plaza property owner partner, Neno Spondello, to cooperate with you and the City in establishing the reciprocal access, under proposed conditions he outlined for further discussion/ negotiation. Finally, I shared City Manager Steve Kueny's letter of June 18, 1999 with Mrs. May advising of the continuing requirement for the reciprocal access, and his offer to assist by encouraging cooperation. We also reviewed my earlier investigative report dated January 18, 1999 which concluded the inter - project reciprocal access was clearly intended and consistently required by the City through the entitlement processes for both projects over an eight (8) year period, from the inception of the Mission Bell Plaza project through approval of the Westgate Plaza. project. It is noted that the final conditions of approval for Major Mod. No. 2, for the first time in the history of that project's many modifications, were not as specifically clear in 1994 as they had been in the past. The REAL ESTATE BROKERAGE MINERAL REAL ESTATE DEVELOPMENT Commercial • Industrial • Land RESOURCE Engineering . Land Division • Permits Residential Relocation DEVELOPMENT Planning • Zoning A. DeeWayne Jones, D.D.S. July 14, 1999 Page 2 approved site plan and parcel map exhibits attached to approval Resolution No. 94 -1074, the City Council staff report acted upon on September 7, 1994 did, however, clearly depict the intended pass- through access. The bottom line decision of Mrs. Moy, following extensive discussion, was a reaffirmation of her earlier position denying reciprocal access, as outlined in her letter to you dated February 16, 1999. She feels strongly that the City created the problem by requiring a reciprocal access agreement from you, but not requiring the same from Mission Bell owners. She reiterated her attorney's opinion that no legal obligation had been imposed upon her to grant the access and she continues to feel that there are more negative impacts which would result from traffic flow from Westgate Plaza onto Mission Bell property than positive benefits. She appeared to discount the Mission Bell tenant's desires, but perhaps she simply wishes to confirm the "survey /petition results herself. Mrs. Moy declined to discuss whether full disclosure of the intended, potentially agreeable, reciprocal access was provided to her by the previous property owners, or the City, during her due diligence investigations prior to her acquisition of the property. She did, however, keep copies of your corresponsence with Neno Spondello and Mr. Spondello's letter of September 4, 1997 conditionally agreeing to the inter - project access. Mrs. Moy did allow that she and I could possibly re -visit the subject at sometime in the future, after Westgate Plaza is built and there is some experience in terms of how the centers function together. She is aware that I am strictly a volunteer undertaking this effort promoting an agree- ment, and that I am not receiving compensation either from you or from the City. She accepts my motivation in terms of my firm belief that the recipro- cal access is the right thing to do for all of the reasons stated in my earlier report. She simply disagrees, but may reconsider at some point in the far distant future. RECOMMENDATION: You should immediately petition the City for relief from the reciprocal access conditions of approval. A brief letter to the City Manager, attaching this letter for reference, would be the appropriate procedure, I believe. It is a City Council action so it most likely goes direct to them. I understand that three (3) construction financing institutions and two (2) major tenants have required the reciprocal access as a condition of their respective loans or lease /sale commitments. At this point, your only option appears to be further negotiation with each one, once you can demonstrate that the City has relieved you of the access conditions. I am sorry I was not able to foster cooperation with Mrs. Moy. It appears to me that there are other issues involved, but I don't want to speculate, and I do want to keep the door open with her just in case a A. DeeWayne Jones, D.D.S. July 14, 1999 Page 3 future opportunity arises to have the access reconsidered. Suffice to say, the circumstances involved are clearly beyond your control. You have no ability to cause the reciprocal access to occur, unilaterally, therefore the City should provide you with relief immediately upon your request, so that Westgate Plaza can be constructed. inc rely John W. Newton Attachments cc: Marianne J. Moy Mayor Patrick Hunter Steven Kueny, City Manager 0 L" �, SURVEY a�,o � - 3 h Mission Bell Plaza/Westgate Plaza Reciprocal Easement whereas the City has conditioned both projects to provide the access whereas the access will allow the free flow of vehicle and pedestri an traffic between the two centers. Whereas lot 3 bldg. C as an office building and 24HR Fitness, Urgent Care, Executive Suites, Medical Offices & General Offices. Whereas the access will provide a high degree of safety to consumers who want to shop in both projects. We, the following tenants of Mission Bell Plaza support the access. Tenant Manager Name For Against Not Sure Albertson's Baskin Robbins B auducco's Carl's Jr Chief Auto CA Connect Us Double Prints El Pollo Loco Fashion Oaks 5th Avenue GNC Joy Art Kung Fotud Kinko's Kmart Kmart RX Little Caesars V(C t4 M000k Payless Shoes Radio Shack Regal Cinema Shell Snip & Clip Swimming Pools Etc. Traditions Ultimate Image Cafe Vero Video Tyme Waaonlit Wells Fargo ff. AA,ono �K:dC rr--�P-- 1� �l�c �ZU�'tiL1r`v. Cz.Q4 -i- r _ _-L.1 r� V-- x A. DeeWayne Jones, D.D.S. P. O. Box 1012 Moorpark, California 93020 (805) 525 -3001 - Daytir-ne (805) 532 -2484 - Evening May 29, 1997 Neno Spondello Ventura Pacific Capital Co. 591 West Los Angeles Avenue Moorpark, California 93021 Re: Westgate Plaza Project access to Liberty Bell Road Dear Neno: I first contacted you last August about the City's condition for access to Liberty Bell Road through Mission Bell Plaza. It is my understanding from a meeting with the City in January, 1996, that there is an agTeement bet-ween you and the City for such an access. I've given you plans and renderings and we've had amicable discussions but have not resolved the issue. Your concerns were that some of your tenants objected.... you were also upset that you had to build the wall if in fact it would come down later. You also said that if my project were strictly offices you would have no problem giving your approval. There have been some major revisions since we last talked. I'm enclosing those for your review. The C/O building is now two story. So with the two restaurant pads on Los Angeles Avenue and no more than 15,000 square feet of commercial, it certainly poses no threat to Mission Bell Plaza. In my view, Westgate Plaza will compliment and enhance what you have built. There will be a definite synergism between the two. I've purposely avoided bringing ill tenants that would duplicate what you have. You will be pleased with our mix of tenants. Neno Spondello May 29, 1997 Page Let's vet together next week to try and reach an agreement regarding this issue. The zoning is now in place. The project comes back before the Commission and Council in the next few «-eeks so let's resolve this issue now. I will call you next week for a meeting....... maybe on Wednesday afternoon. John Nev,lon is my Broker on the protect so I'm sending him a copy. Sincer y, t A. Dee ayne Jones, AD J -. st Enclosure xc- John Newton A. DEEWAYNE JONES, D.D.S. FAMILY DE.tiTAL CARE 722 E. KUN STREET SAISrA PAULA, CALUL op NIH 93060 (805) 525 -7464 • 524-l001 August u, 1997 Neno Spondello Ventura Pacific Capital Co. 591 West Los Angeles Ave. Moorpark, CA 93021 Re: Reciprocal Agreement for access to Liberty Bell Dear Neno: The Planning Commission approved Westgate Plaza and conditioned it with access to Liberty Bell. The project will be heard by the City Council on August 20. We have been successful in bringing tenants that will compliment and enhance your center. Could we reach a reciprocal agreement for access before the August 20 meeting? I'm suggesting that Westgate Plaza bear the costs for removing the wall and replacing it with extensive landscaping, waterfalls, founatains, etc. Westgate Plaza would design, build and maintain that section. All plans of course would be subject to your approval. Everyone in His'sion Bell that I've talked with has been very supportive and would welcome the reciprocal access. Except one....... Wagonlit Travel. Let's work this out over the next two weeks. Call me. S inpei'\ely , A. DeeWayne Jonks, D.DA.S. VENTURA PACIFIC CAPITAL COMPANY 591 W. Los Angeles Avenue /Moorpark, California 93021 /(805) 530 -3858 /Fax (805) 530 -3860 September 4, 1997 DeWayne Jones P.O. Box 1012 Moorpark, California 93021 Dear DeWayne: Pursuant to our prior discussion in regard to access through Mission Bell Plaza, I can agree to such access subject to the following conditions: 1. A legal opinion that provides me with a procedure for granting such access which prevents any legal action against the landlord from the tenants in Phase I and Phase II of Mission Bell Plaza. I would expect, at the least, that such an opinion would provide for some sort of estoppel. 2. An agreement setting forth a declaration of use restrictions and granting of easements and a common area maintenance agreement to be approved by Albertson's, Kmart (if necessary), the landlord and any other person/entity that is-required. 3. A cash amount equal to the appraised value of the easement to be granted to you. 4. A cash amount equal to '/2 of the cost of the existing wall along our common boundary. 5. You would be responsible for all demolition and site work replacement. DeWayne, I propose that we both agree on a legal firm to place the above into effect. You would be responsible for hiring the firm to do the legal work. Please let me know your thoughts. In the meantime, I will convey a copy of this letter to my partner for his comments. As a courtesy, I am also conveying this letter to the City of Moorpark for their file. Thank you and good luck. Sincerely, enf7 Spondello, Jr` c: Richard Devericks Steven Kueny, Moorpark City Manager MOORPARK - -- - -- - - -- __ _ 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 June 18, 1999 Dr. DeeWayne Jones 722 East Main Street Santa Paula, CA 93060 RE: Reciprocal Access Between CPD 96 -2 (Jones) and CPD 89 -1 (Mission Bell Plaza Phase II) Dear Dr. Jones: At the request of your representative, John Newton, this letter is intended to clarify the referred subject matter. Your project, CPD 96 -2 and Parcel Map No. 5056 is conditioned as follows: The subdivider shall obtain a non - exclusive reciprocal ingress /egress, drainage, and utility easements between itself and the owners of the commercial development to the east. Said easements shall be reviewed and approved by the City Attorney, City Engineer, and Director of Community Development. It is acknowledged that the present owners of Mission Bell Plaza Phase II have not agreed to provide the reciprocal access. I agree that such reciprocal access would benefit both projects economically and for public convenience and encourage you to continue to work with the owners of Mission Bell Plaza Phase II to obtain the access. I am willing to meet again with them to discuss this matter and encourage cooperation for the reasons cited above. Sincerely, Steven Kueny City Manager SK:db cc: Honorable City Council Wayne Loftus, Acting Director of Community Development John Newton M: \citymgr \Jones 0618 1999 PATRICK HUNTER CHRISTOPHER EVANS CLINT D. HARPER DEBBIE RODGERS Mavor k -A. , o... T.,... FROM : A DEEWAYNE JONES DDS PHONE NO. : 805 525 746e Feb. 16 1999 01 :22PM P2 A?A•� V • Awk"�" Y�w Imperial Bank Tower Shames 0" ckueria 15343 Veatwa Blvd., Suite 900 Sherman Oaks. California 91603 Teleptxme ($ 19) 990 -1160 Fax(818) 986 -3109 February 16, 1999 Dr. A. Dee Wayne Jones 722 East Main Street Santa Paula, California 93060 Re: Westgate PlazwMssion Bell Plaza - Reciprocal Basement for Ingress and Egrm Dear Dr, Jones: Thank you for your background package dated January 18, 1999 prepared by John Newton in regards'to your request of a reciprocal easement for ingress and egress from your property to ours, which will create traffic &w through the Mission Bell PIaza parking lot in order to acvrss the intersection at Liberty Bell Road and Los Angeles Avenue. Your researoh was to provide us the background information and docunxnts which would support the fact that the &%axed aches was imposed upon 11.4ssion Bell Plaza and Westgate Plaza by the City of Moorpark. I have provided copies of the same for review to Mr. Neno Spondelio, the previous owner/ developer and to my attorney D& Kent Mouton of the law firm of Kulik, 00ttesnw and Mouton. After rovicwing'your package, it is the opinion of ?& Spondello as well as our attorney, Mr. Mouton that there has not been any legal obligation creates/ that would require us to grant you the reciprocal easement that you seek.. We fund the issues outlined in Mr. Spondeilo's letter most compelling and supportive of this position. We again must stress that we feel that there would be more negative impact than positive impact on Mission Bell Plana, therefore your request is denied, I suggest that you work out an alternative solution with the City, possibly using Evert Street which runs into your property and connects with Shasta to satisfy the required traffic flow. I feel that since I will not be able to contribute to the solution between you and the City, there is no neod far me to attend the scheduled meeting set for Wednesday February 17, 19W. Please note, I will be out of the country on vacation next week. Sincerely, GOLDEN HORIZON REALTY, >;NC. ' ��r1f�" /i�IiII�' • 'Ir January 13, 1999 A. Dee Wayne Jones 722 East Main Street Santa Paula, California 93060 A�a,* yno. Imperial Bank Tower Sherman Oaks, Galleria 15303 Ventura Blvd., Suite 900 Sherman Oaks, California 91403 Telephone (818) 990 -1160 Fax(818)986 -5109 Re: Westgate Plaza/ Mission BeII Plaza - Reciprocal Easement for Ingress and Egress Dear Dr. Jones: Thank you for providing us with a copy of the Moorpark City Council Resolution No. 97 -1382 in regards to your development of the Westgate Plaza. You have requested a reciprocal easement from Mission Bell Plaza for ingress and egress from your property to ours by removing a portion of the wall between the two properties, creating a driveway through Mission Bel[ parking lot in order to access the intersection at Liberty Bell Road and Los Angeles Avenue.. After reviewing the information you provided us and evaluating your request, we have concluded that there is more negative impact than positive impact on Mission Bell Plaza Therefore, we cannot grant your request. Such an easement would create an enormous increase of through traffic and more potential liability in the parking lot. Also, unanimous approval from all of the tenants for such an easement will not be possible. We wish you the best in pursuing your development. If you have any questions, please not not hesitate to call me. Sincerely, GOLDEN HORIZON REALTY, INC. mbjones ccFranks John W. Newton & Associates, Inc. ofFiIionaf w ConiUftanEs 165 High St., Suite 103 Post Office Box 471 Moorpark, California 93021 July 14, 1999 Marianne J. Moy Golden Horizon Realtv, Inc. 15303 Ventura Blvd., Suite 900 Sherman Oaks, California 91403 Dear Mrs. Moy: Telephone (805) 378 -0073 Fax No. (805) 378 -0080 Enclosed is a copy of my letter to Dr. Jones outlining our discussion of last Friday. It is not always easy to report facts and circumstances which are -iegative in nature, negative at least in terms of what some would consider -o be a positive objective. I hope that I have presented the results of our meeting accurately, from your perspective, and I trust that you will accept the good will and sincere nature of my intent to assist both you and Or. Jones in this matter. Thank you again for giving me some of your valuable time last week. S'n erely, John W. Newton nclosure REAL ESTATE BROKERAGE MINERAL REAL ESTATE DEVELOPMENT - ommercial . Industrial • Land RESOURCE Engineering . Land Division • Permits Residential Relocation DEVELOPMENT Planning . Zoning