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HomeMy WebLinkAboutAGENDA REPORT 1990 0502 CC REG ITEM 11B MOORPARK ITEM ilia PAUL W. LAWRASON,Jr. o,aK �, ,� STEVEN KUENY Mayor MOORPARK. CALIFORNIA o°afr City Manager SCOTT MONTGOMERY Clty Council Meeting F �+ CHERYL J. KANE Mayor Pro Tem of S we%�. City Attorney ELOISE BROWN Z 1990 =t3t'.`Ni+ PATRICK RICHARDS,A.I.C.P. Councilmember ACtON; 09 • Director of CLINT HARPER, Ph.D. 'o; Community Development Councilmember {0 S/�i '/ . A*•o R. DENNIS DELZEIT BERNARDO M. PEREZ City Engineer • Councilmember — � - = JOHN V.GILLESPIE LILLIAN KELLERMAN /, Chief of Police City Clerk / RICHARD T. HARE City Treasurer MEMORANDUM TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: April 25, 1990 SUBJECT: BOLLINGER DEVELOPMENT CORPORATION - STATUS REPORT As of 4/24/90 staff has been unsuccessful at contacting Mr. Richard Weissman, the court appointed receiver who may provide staff with ownership/title information on the property. Staff's recommendation is to continue this matter until staff has received information clarifying ownership of the property in question. Mr. Bollinger has provided staff with a letter undated by Mr. Ray Lahr, a limited partner in the proposed development. Also, a letter dated April 23, 1990 from Mr. Bollinger outlining his development proposal. To date a total of $2 ,500 has been deposited by Mr. Bollinger to cover staff's past and future time associated with this proposal. Attachments: 1 . Bollinger Development Corp. letter dated 4/23/90 2 . H. Ray Lahr letter not dated cc: Steven Rueny, City Manager 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 . April 23 , 1990 ATTACHMENT / City of Moorpark 799 Moorpark. Ave . Moorpark, CA 93021 Honorable Mayor and Council Members Subject : Council meeting of April 18 , 1990 Attn : Patrick J. Richards, Director of Community Development Dear Mr . Richards ; Background : We are asking city council to approve the following items : 1 . That city council concurs that the project meets the requirements of resolution No. 86-318 by creating a substantial recreation facility. 190 acre golf course, 48 acres equestrian trail , 16 acre tennis club. 2 . That city council concurs that the project meets the requirements of resolution No. 86-318 which allows for clustering of houses on one acre minimum. 3 . I am asking city council to give staff the necessary latitude and authority to be able to deal with the following items in an expedited and timely manner . A. Vested Tentative Tract Map B . C . U.P . ' s needed for recreation facility C . E . I . R. 4 . I am asking city council to allow staff to hire outside engineering consultants where needed for any of the following items , E . I . R . , CUP ' s traffic studies , updates, development agreements , staff help or any other items which may come up from time to time. It is understood that Bollinger Development , Inc . will pay for any expenses associated with such services. By hiring outside help and more staff we can expedite all the procedures needed to bring this project to a successful conclusion. 13ollinger Development Corp. 5743 CORSA AVENUE • SUITE#212 • WESTLAKE VILLAGE,CA 91362 • (818)991-1675 FAX: (818) 991-6900 _ c City of Moorpark April 23 , 1990 444:5:11 Page 2 Per the meeting with the city council the following items were reviewed . 1 . A check for $2000 . 00 to cover cost of staff- see attached. 2 . Clarification of the procedure that will be used to allow residence to join or use the golf course . The following ideas are being submitted as a preliminary method that would work: a. When the golf course opens membership will be offered to Moorpark residence at an introduc- tory rate . This rate will be lower than the final rate that members will have to pay. This introductory rate will be good for about 6 months and will be advertised in the local paper so that Moorpark residence can take advantage of this offer . b. We will also make the golf course available to persons wishing to play that are not members at a fee which is comparable with the other private golf courses in the area . We will allow residence of Moorpark who are registered with the club to call 24 hours in advance to fill any times available that members haven ' t taken. This is normal for private golf courses . 3 . 5 acre parcel along Bob Crawfords property. When we reviewed this request we found that by putting 5 acres parcel along Mr . Crawfords property. The project didn' t meet our requirements because it caused design and concept problems for the future home owner and residence which total 101 persons . 4 . Public Park Area. As discussed we have agreed to put a public park area. See drawings . 5 . Owner of Property. Per the court of California Mr . Rich Weisman will sign for me whenever the city needs a signature on any documents requiring the owners signature . Bollinger Development Corp. 5743 CORSA AVENUE • SUITE#212 • WESTLAKE VILLAGE,CA 91362 • (818)991-1675 FAX: (818) 991-6900 City of Moorpark April 23 , 1990 Page 3 Also please find attached 9 sheets discussing all the amenities . If you have any questions please call me at ( 818 ) 991-1675 . Si rely. / raaheb Paul A. By/ringer Presiden PAB : ck Encl . cc : Paul Lawrason, Mayor Scott Montogomery, Mayor Pro Tem Eloise Brown, Councilmember Patrick J . Richards , Director of Community Development Clint Harper , Councilmember Bernardo Perez, Councilmember • Steven Kueny, City Manager John F. Knipe, Assistant City Engineer Bollinger Development Corp. 5743 CORSA AVENUE • SUITE#212 • WESTLAKE VILLAGE,CA 91362 • (818)991-1675 FAX: (818) 991-6900 #1 EAST-WEST CORRIDOR 1 . Provide an east-west link between Walnut Canyon and Grimes Canyon. 2 . This road provides an alternate emergency road should there be a problem on Los Angeles Avenue. 3 . Provide better traffic flow for the Northeast section of Moorpark. 4 . Will provide a link needed for other future development which could tie into this link. It should be noted that this is the first step needed. 5 . The road is centrally located between Broadway Avenue and Los Angeles Avenue . #2 PUBLIC PARK EQUESTRIAN TRAIL & CENTER 1 . The Equestrian trail provides the East West trail connection between Walnut Canyon and Grimes Canyon which will open up the complete Northeast part of Moorpark . 2 . Because of the size of the equestrian center , it is like a large park area, again making for a much needed open space . This park will be open to all residents of Moorpark. 3 . The Equestrian Center provides parking for 20 horse trailers . This will enable people from the other side of town the ability to utilize the trails on both sides of town . 4 . This project will be funded by us and the city doesn ' t have to allocate any money for the project . 5 . The Equestrian trail provide a scenic opportunity for al] of the community residents to enjoy. 6. The Equestrian center will provide an open space for not only horses but will provide walking trails and open space for wild animals as well . 7 . The Equestrian center will have paddocks for rent to the community. 8 . The Equestrian center will have show rings for rent to the community. 9 . The Equestrian center will have work and training rings for rent to the community. #3 GOLF COURSE 1 . The Golf Course will be private, however their will be provisions that will allow Moorpark residents to play golf for a flat fee . 2 . Green Belt - The golf course provides a larger open space which will cost the city no money to maintain. The golf course takes up 190 acres . 3 . Recreation Facility - It will not cost the city to maintain the recreation facility. 4 . The Golf Course will provide a permanent scenic attraction for the equestrian trail people as well as the community at large . It will also supply a scenic attraction for the community center . 5 . Golf Course for college and high schools . The course will provide Moorpark College a place where they can play their home matches and not go out of the area as is presently being done . The golf course will supply the high school with a much needed golf program. 6 . The Golf Course will provide tax revenue for the city. 7 . The Golf Course will supply the community with a banquet facility available for clubs , organization, social and business meeting that everyone can enjoy. 8 . The Golf Course will provide a lunch and dinner facility that everyone can use and enjoy. 9 . The Golf Course will be used for local tournaments such as a yearly City of Moorpark Championship Tournament , open to all , as well as other events . 10. The Golf Course will provide a diversity in the community recreational opportunities . 11 . The Golf Course will provide an open space where wildlife can move from area to area . 12 . The Golf Course will also act a natural fire break. 13 . The Golf Course also acts as a transition buffer between the agriculture uses on the North and the residential uses on the South. 1 #4 TENNIS CLUB 1 . The tennis club will be the first of its kind in the area and will benefit anyone who is serious about tennis . 2 . The club will provide tournaments and inter community leagues which now exist in Thousand Oaks „ Simi , etc . 3 . Provide another recreational activity which will not cost the city of Moorpark any money to maintain. #5 GATED COMMUNITY 1 . Gated entrance will provide for an upscale - housing market which Moorpark presently lacks . 2 . The gated community will become a more exclusive area and will attract an upscale buyer . 3 . Because thse golf course is inside the gated entrance it will also be more exclusive than other golf courses of its type in the area . #6 LUXURY CUSTOM HOMES ON 2 TO 5 ACRES LOTS 1 . There is a need in the City of Moorpark for luxury homes at this time . As values of houses increased there has been a need for Moorpark residents to buy up for tax and economical reasons . At this time persons desiring to buy up must leave this area because of the void in the housing market in Moorpark. This project fill this void for the step up buyer and the the City of Moorpark must realize tha they are no longer a city of low land medium price houses, but a city which is looking into the future . The city can ' t afford to lose this market to the surronding communities . You must act now. You are losing valuable people who want to stay in Moorpark but can ' t find the upscale home they desirse to buy. A #7 WATER 1 . Build a 2 million gallon storage tank which will balance the existing water system in Moorpark. 2 . Bringing secondary water from the treatment plant for the golf course . This is the biggest advantage to the community because other agriculture users can tie into this line and stop using the drinking water . According to Reddy Pakala of the water district there is a big demand for the water but no lines are in at this time . This will also supply needed rsevenue for the water district and stop the waste of secondary water which is presently being poured into the sewers . What a waste ! w . #8 TAX REVENUE 1 . The project will generate tax revenue from all the following items : 1 . Additional houses property taxes . 2 . Golf Course - property and sales tax. 3 . Tennis Club - property and sales tax. 4 . Construction fees - fees * 5 . Jobs - The project will generate many jobs and taxes . This additional tax will benefit the city, the county, the school system, the water district and others . 6 . Because the house sales win this area will be of high value #9 COMMUNITY PRIDE & BENEFITS 1 . By having a Golf Course , Tennis Club and Equestrian Trails and other attractions , the City of Moorpark will be on the same par as Simi Valley, Thousand Oaks, Westlake Village, all the cities take great pride in there upscale commun- ities. 2 . This project will expand the social and economical diversity of Moorpark thus being able to retain and attract a wider spectrum of people who would like to live in Moorpark. The pride of the people will shine through because of this project . 3 . This is one of the most important residential projects to come forward in the last 10 years and should go forward with out waiting for the general update to be completed . Every- body will have pride in this project . 4 . This was originally zoned for 5 acre parcels , but we might want to reconsider this project . The recent growth in the Moorpark area shows there is a definite need for this type of exclusive development and a positivse asset to the City of Moorpark. H. Ray Lahr 18254 Coastline Drive Malibu, CA 90265 April 19, 1990 Mayor Paul Lawrason Councilwoman Eloise Brown ATTACHMENT Councilman Clint Harper Councilman Scott Montgomery Mayor Elect Bernardo Perez Last evening I attended the City Council Meeting held at the Moorpark Community Center. Let me offer a slightly different perspective from what you heard expressed at the meeting. My name is Ray Lahr. I am a retired United Airlines captain. I am a limited partner in the land which is proposed to be developed by Bollinger Development Company. I started to turn in a speakers card but then decided that the audience might not be too receptive to an outsider speaking to these emotional issues. But the issues are the same wherever you go. You people are a step ahead of my neighborhood. We haven't become a city yet. First let me respond the the worthy arguments put forth by three gentlemen who are neighbors to the proposed project. The first gentleman noted that the area surrounding the proposed project is rural and agricultural in nature with lots ranging from five to forty acres. He would like to preserve the status quo. We all tend to feel this way when we are content with our surroundings. However, man's allocated use of this land has evolved continuously since the first natives worked their way south from their Bering Sea crossing. As the population has increased, the amount of land that each person could claim has shrunk. The process shows no sign of stopping. Nothing about this project will interfere with the neighbors' use and enjoyment of their own land. By the same token, it seems they should be willing to accept a use of our land which is designed to harmonize with the area and enhance the value to everyone. The second gentleman noted that he purchased his five acre site in 1985 and built his home shortly thereafter (a beautiful white home as noted by Councilwoman Brown) . He and his family are likewise happy with the status quo. The point added by this gentleman was seniority. With all due respect, if seniority is the argument, our partnership purchased our land in 1978 with the purpose of developing it into homesites . The population density that is being proposed is exactly equal to his own, namely, one home per five acres. Further, the developer has offered a buffer row of five acre lots adjacent to this neighbor. The third gentleman cited the historical damage due to rain storms in the area and the inadequate measures taken to prevent similar damage in the future. The gentleman' s concerns are valid and need to be addressed. It is our belief that these are engineering problems with engineering solutions. We believe we are part of the solution. This project will be designed to handle the drainage coming from above the project and also the drainage from the property itself . The tax dollars generated by this project will help improve the drainage channels below the project. Next, let me address some of the concerns expressed by the council . One concern was about who owns the property. Actually, the true owners of the property are the 35 limited partners including myself . We are the ones who put up the money to purchase the property. O.B. Phillips is our general partner and normally would be representing us. However, the court has stepped in and appointed Richard Weissman as receiver and he is now acting as our general partner. The court has a great deal of flexibility in how they exercise their power. If O.B. is uncooperative, they can remove him completely. If he is cooperative, he might still function in a limited capacity. In the unlikely event that the receiver is not confirmed, the limited partners can remove O.B. and elect a new general partner more in tune with their wishes. A hearing to confirm Mr. Weissman was held on April 9, 1990. That hearing was continued until April 27, 1990 . We do not foresee any difficulty in having a proper signature to convey title of the property to Mr. Bollinger at the appropriate time. A second question arose about developable land versus undevelopable land. In a sense, there is no undevelopable land. There is only the question of how much one is willing to pay to develop a particular parcel . It might take massive foundations, buttress walls, underground drainage facilities, etc. but there is almost always an engineering solution if there is enough money and determination- But why even look for a definition of developable vs. undevelopable? If I understand the city attorney correctly, the council can arbitrarily decide what density they will allow and they don't need to justify it with an intangible definition. This leads to the question of what densityis reasonable. Cluster housing, in my estimation, is a misnomer in the present case. "Cluster" conjurs visions of looking into your neighbor' s windows . Two acres minimum per house is hardly cluster housing. Two acres is 87, 120 square feet. The average city lot is about 5, 000 square feet. Now what normal person can't get by on 17 city lots? This brings us to some tougher questions . How much public use do we want to regulate onto the developer. As a product of the less affluent half of society, I favor public use of facilities such as a golf course. But when I think of purchasing a home opening onto a golf course, I am not sure I want unrestricted public use of the golf course. Security becomes a consideration. And how close to my home would I want an unfenced equestrian trail? Maybe a reasonable compromise is a gated community with facilities that the public can use by merely making a reservation for golf or tennis or horseback riding or dining at the country club. But these are judgment calls that only the council can make. The big question is, what is the highest and best use of the land? Some might argue that we should all move away and let it revert to its natural state. But assuming that we are here to stay for awhile, it is hard to imagine a nicer use than beautiful homes and pleasant recreation areas. If we accept that a golf course type home development would be a beneficial addition to the Moorpark community, then how do we get there from here? Well, there are some other hurdles in addition to gaining approval of the Moorpark City Council. As you might guess, they revolve around money. Let me offer you the information that I have. My personal philosphy is to put everything on the table so that everyone is equally informed. Many of the limited partners have been asking O.B. Phillips to sell the property. Twelve years is far longer than most of us expected to be invested. O.B. offered us some rosy projections in recent years but he never provided us a financial accounting. Amazingly, the trust and complacency of the limited partners was so complete that no one insisted on seeing the records until last September. Then a group of investors made an appointment weeks in advance and went to see the books . They were denied access to anything significant. That is when they went to the Ventura Sheriff and added their complaint to the growing list of investors who could not recover their money. On December 15th, the sheriff seized the records of 0. B. Phillips. Needless to say, the resulting publicity alerted hundreds of other investors in all of O.B. ' s ventures . Our Moorpark investment is in better shape than most of the others although we have our problems. O.B. had arranged to sell the property to Mr. Bollinger in two parts. The first part was the 140 acres comprising 27 lots with an approved map for $3, 000 ,000. That escrow was scheduled to close months ago but the date keeps sliding. The second part of our land is 253 acres which is in escrow to close in September for $5, 313,000 . There is a third parcel of about 225 acres owned by the Morman Church for which O.B. has an option outside of our partnership. I don't know the price or escrow date for that parcel . The rub is that O.B. has overencumbered the first parcel by about $600,000 . There was a hearing in the court of Judge Zebrowski last Tuesday seeking a court order directing the title company to temporarily disregard the excess encumbrances and issue clear title. The judge ruled that he didn't have that authority and directed everyone to come back with a better plan. For more complete information about this, you should contact the receiver: Mr. Richard Weissman 1722 Westwood Boulevard Los Angeles, CA 90024 213 475 6737 Mr. Weissman is up to his eyeballs in calls but I am sure he would respond to you. In my estimation, both Judge Zebrowski and 0 Richard Weissman are top notch. They offer our only real opportunity to untangle this mess without years of legal entanglements. There are a lot of aspects about this project that can never be perfect. However, everyone has so much time and energy and money invested in this project that it would be a crime to let it go down the tubes. I sincerely believe that if we all pull together, we can salvage a project that will be a source of pride to us all. Sincerely,