WHISPERING HILLS PARK SITE HISTORY
The Following is a brief summary of the “Whispering Hills Park Site”, a 6.4 acre parcel on Lake Forest Blvd adjacent to the Whispering Hills community. Whispering Hills is a 350-home community in four sections.
When the Whispering Hills community was planned in 1985, under the jurisdiction of the County of Orange, new residential developments were required to provide public park areas with new residential development. When an individual purchased a home in a planned development they were paying for the house, common area and recreational amenities. Some homes carried a price premium for location closer to the proposed park site.
During that period the County was financially challenged and would not appropriate money for the development of park site. So they became known as an “IOD”, which is the acronym for “Irrevocable Offer of Dedication”. The developers signed away any rights to the park sites, as once the offer of dedication was accepted it, was irrevocable on the part of the developer.
The County did not accept the offer of dedication and the Whispering Hills parcel become part of the Whispering Hills Community common area. If you refer to the Assessors Parcel Map that is attached, the park site which is Tract 12244, Lot 1, Parcel 18 listed as 6.481 acres has “Association Property” noted on it, dated March 1985. Although the Whispering Hills Community used the parcel as common area, if the Association were to improve it, any improvements would go to the municipal agency once they accepted the offer of dedication. So technically at no time did Whispering Hills “own” the land.
During this period the “Community Facility’s Act” or more commonly known as Mello-Roos financing was initiated in California in 1982. This required that community facility improvements be funded and developed within the community. Unfortunately many projects during this time in the County of Orange were not included in Mello-Roos districts, so the park sites become “orphaned”.
In 1991 when El Toro became the city of Lake Forest, they inherited all county owned properties including the IOD sites. In 1990-1991, when we were in construction defect litigating with the William Lyon Company, the William Lyon Company tried to acquire the site for a shopping center through a land swap. It was more an unethical move to force the Community to settle the litigation. A few Community leaders at the time understood the ramifications and assisted the Association. Kathryn McCullough who is now the Mayor Pro Tem of Lake Forest was instrumental in sparing the park site from developer use. In addition the justice system, which awarded the Whispering Hills Community $8.6 million from the William Lyon Company and their insurers, were instrumental in preserving the park site.
The Whispering Hills Association had control of the land until 1999. It was not fenced and there were erosion problems as there were no sand bags. We had the liability of the kids riding bikes down the slopes. The Board at the time wrote a letter to the city requesting the acceptance of the Offer of Dedication, which they did. The site was fenced and erosion control put in place. Also annual weed abatement is done.
Throughout the years there have been a number of proposals for the park site. I think most people would have loved a passive green area park with trees, paths a table or two. But the proposals were always rebuffed by the city as not needed, too expensive, would not get enough use. During this period 3 park sites Pittsford, Rimgate and one other park were developed using assessment districts where neighboring property owners were assessed for park improvements.
There have been numerous proposals during the past 28 years that the parcel has remained vacant. Some did not meet the legal zoning and land use of the park site. The site is zoned Community Park and in the Lake Forest General Plan listed as a park site.
The concept of the Lake Forest Community Garden Park was discussed with several residents from Lake Forest. It was enthusiastically received and many have indicated they are willing to help get the proposal to the city council. We have a unique, but short window of opportunity to get the park site developed with a community wide, educational, low intensity, attractive and aesthetically pleasing use.
Although the Whispering Hills community has no claim as to what goes there, the proximity to the community and its past history, they do have some influence.
There will be a presentation for the Lake Forest Community Garden Park proposal to the City Council on July 16, 7 PM at the Lake Forest City Hall.
When the Whispering Hills community was planned in 1985, under the jurisdiction of the County of Orange, new residential developments were required to provide public park areas with new residential development. When an individual purchased a home in a planned development they were paying for the house, common area and recreational amenities. Some homes carried a price premium for location closer to the proposed park site.
During that period the County was financially challenged and would not appropriate money for the development of park site. So they became known as an “IOD”, which is the acronym for “Irrevocable Offer of Dedication”. The developers signed away any rights to the park sites, as once the offer of dedication was accepted it, was irrevocable on the part of the developer.
The County did not accept the offer of dedication and the Whispering Hills parcel become part of the Whispering Hills Community common area. If you refer to the Assessors Parcel Map that is attached, the park site which is Tract 12244, Lot 1, Parcel 18 listed as 6.481 acres has “Association Property” noted on it, dated March 1985. Although the Whispering Hills Community used the parcel as common area, if the Association were to improve it, any improvements would go to the municipal agency once they accepted the offer of dedication. So technically at no time did Whispering Hills “own” the land.
During this period the “Community Facility’s Act” or more commonly known as Mello-Roos financing was initiated in California in 1982. This required that community facility improvements be funded and developed within the community. Unfortunately many projects during this time in the County of Orange were not included in Mello-Roos districts, so the park sites become “orphaned”.
In 1991 when El Toro became the city of Lake Forest, they inherited all county owned properties including the IOD sites. In 1990-1991, when we were in construction defect litigating with the William Lyon Company, the William Lyon Company tried to acquire the site for a shopping center through a land swap. It was more an unethical move to force the Community to settle the litigation. A few Community leaders at the time understood the ramifications and assisted the Association. Kathryn McCullough who is now the Mayor Pro Tem of Lake Forest was instrumental in sparing the park site from developer use. In addition the justice system, which awarded the Whispering Hills Community $8.6 million from the William Lyon Company and their insurers, were instrumental in preserving the park site.
The Whispering Hills Association had control of the land until 1999. It was not fenced and there were erosion problems as there were no sand bags. We had the liability of the kids riding bikes down the slopes. The Board at the time wrote a letter to the city requesting the acceptance of the Offer of Dedication, which they did. The site was fenced and erosion control put in place. Also annual weed abatement is done.
Throughout the years there have been a number of proposals for the park site. I think most people would have loved a passive green area park with trees, paths a table or two. But the proposals were always rebuffed by the city as not needed, too expensive, would not get enough use. During this period 3 park sites Pittsford, Rimgate and one other park were developed using assessment districts where neighboring property owners were assessed for park improvements.
There have been numerous proposals during the past 28 years that the parcel has remained vacant. Some did not meet the legal zoning and land use of the park site. The site is zoned Community Park and in the Lake Forest General Plan listed as a park site.
The concept of the Lake Forest Community Garden Park was discussed with several residents from Lake Forest. It was enthusiastically received and many have indicated they are willing to help get the proposal to the city council. We have a unique, but short window of opportunity to get the park site developed with a community wide, educational, low intensity, attractive and aesthetically pleasing use.
Although the Whispering Hills community has no claim as to what goes there, the proximity to the community and its past history, they do have some influence.
There will be a presentation for the Lake Forest Community Garden Park proposal to the City Council on July 16, 7 PM at the Lake Forest City Hall.
