The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 1996 1002 CC REG ITEM 07JAGENDA REPORT CITY OF MOORPARK TO: The Honorable City Council FROM: Steven Kueny, City ManagerL ITEM *7* `_ . ley 2�- 4 DATE: September 26, 1996 (City Council Meeting of 10 -2 -96) SUBJECT: Consider Redesignation of Property Referred to as Vesting Tentative Tract Map 4928 (Bollinger Development Incorporated and Moorpark Country Club Investors) from Medium Low and Public /Institutional Land Use and RPD 1.63 DU Per Acre, Open Space and Institutional Zoning, to Rural Low Land Use and Rural Exclusive Zoning BACKGROUND: On April 17, 1996, the City Council adopted Resolution No. 96- 1197 approving GPA 94 -1, VTTM No. 4928, RPD 94 -1, and CUP No. 94- 1 for the subject project generally known as the Bollinger Project. The City Council also approved a Zone Change and Development Agreement for the Project. (The second reading for these items occurred on May 1, 1996, and they became effective thirty (30) days thereafter.) At the same time, the City Council and Bollinger signed a Waiver of Right to Judicial Review (Waiver). The purpose of the Waiver was to recognize that Bollinger did not own the property. The City could not be assured that the Development Agreement would become effective unless Bollinger acquired title to the property, or the property owners agreed to be bound by the terms of the Development Agreement. If the Development Agreement did not become effective, the redesignation of the property would still be in place without the City having the benefits contained in the Agreement. DISCUSSION: Section One (1) of the Waiver provides that the City can, at its sole discretion, commence the process to replan the Bollinger property to its former land use and zoning designation. This action can be commenced at any time after one hundred and twenty (120) days after the date the Enabling Ordinance became effective. That date is September 28, 1996. As of September 26, 1996, Bollinger has not purchased the property, and Mr. Bollinger has informed me that not all of the current owners will sign the Development Agreement. Mr. Bollinger's most recent letter to the City dated September 13, 1996, indicated that he is planning to 0O ' L37 finalize the financing by October 15, 1996. Even if financing is finalized, there is typically a subsequent period required to complete the purchase. The options for the City Council are: 1. Determine not to replan the property at this time; 2. Direct staff to commence with the process to replan the property; or 3. Defer a decision until October 16, 1996 (or later) to determine if financing is finalized. STAFF RECOM ENDATION: Defer a decision until October 16, 1996, and direct staff to receive a detailed written explanation from Mr. Bollinger on the status of acquisition by October 9, 1996. SK: kd:db Attachments c: \docs \wpwin \ccagenda \sdi.agr 006138 September 13, 1996 Steve Kueny City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Subject: Golf Course and 216 Lots Dear Steve: cF0FTy 40 Fc��Ugpq� Per our conversation regarding the subject project, we are planning to finalize the financing by October 15, 1996, with a start date for grading in early 1997. We have been working with over 30 different groups but these three companies have the same ideas and high standards that will make this project a success. 1.) Kajima Construction, Sanwa Bank, and Kemper Sports Management 2.) Olympic Realty, Bank of America, and Cobblestone Golf Group 3.) Troom Golf Group If you have any questions, please call me. Sinc,e(reyy yours, r i BQZ GE I vrf Paul Bolli, er President PB6.doc EVE PMENT 7 I 0v(;J.J9 13ollincar DavQlopmant Corp. 351 ROLLING OAKS DRIVE, SUITE 100A THOUSAND OAKS, CA 91361 (805) 379 -0077 FAX: (805) 379-6739 WAIVER OF RIGHT TO JUDICIAL REVIEW This Waiver of Right to Judicial Review ( "Waiver ") is made this day of April, 1996, by and between the CITY OF MOORPARK, a municipal corporation, ( "City "), on the one hand, and BOLLINGER DEVELOPMENT INCORPORATED, a California corporation, ( "Bollinger) and MOORPARK COUNTRY CLUB INVESTORS, a California limited partnership, ( "Moorpark Investors "), on the other hand, with respect to the following facts: A. City and Bollinger are contemplating entering into a Development Agreement dated April /9, 1996 ( "Agreement "). The defined terms in this Waiver shall have the same meanings as in the Agreement. B. City will not approve the development of the Property on the terms set forth in the Agreement without assuring itself that it will obtain the benefits contained in the Agreement. C. The Agreement will not become effective until either the current owners of the Property have agreed to be bound by the terms of the Agreement or Bollinger or a substitute person has taken title to the Property. D. Bollinger is in escrow to purchase the Property. City's approval of the Project will occur before the Agreement will become effective. E. City desires to retain the right to replan or rezone the Property to return the Property to its current planning and zoning designations if the Agreement does not become effective within a reasonable time without having to litigate its right to do so with Bollinger or Moorpark Investors. Based on the foregoing, it is hereby agreed: 1. City will not commence the process required for replanning the Property to the current Rural Low (1 du /5 acres) designation or rezoning the Property to the current Rural Exclusive 5 Acres ( "redesignation of the Property ") zone for 120 days after the date upon which the Enabling Ordinance becomes effective pursuant to Government Code Section 36937 in order to allow a reasonable amount of time for the Agreement to become effective. Thereafter, City may, if it determines in its sole discretion that it is in its interest to do so, commence the redesignation of the Property. 2. If City commences the redesignation of the Property, Bollinger and Moorpark Investors shall have the right to appear at any hearing held in connection with the redesignation of the Property and to make their opposition to the redesignation of the KBBLEY 27044 263334 3 1 WCIL40 Property known. 3. City will abandon the redesignation of the Property if the Agreement becomes effective before the redesignation of the Property has become final. 4. Bollinger and Moorpark Investors hereby waive any rights they might otherwise have to seek judicial review of City's actions in connection with the redesignation of the Property, including, but not limited to, any claim of inverse condemnation, if the Agreement has not become effective before the redesignation of the Property has become final. 5. This Waiver may be executed in one or more counterparts, each of which shall be deemed an original. Dated: April i7, 1996 Dated: April 1/, 1996 Dated: April, 1996 CITY OF MOORPARK By: Pau W. La son Jr. Mayor ATTEST Lillian y Hare City Clerk BOLI=aNGER DEVELOPMENT INCORPORATED /„1 PAO ger MOORPARK COUNTRY CLUB INVESTORS By �Incorporated, ollinger Development General Partner By: 144 i aul A. oV- KBBLEY ger President 27044 263334 3 2 00(11L4 1L