On two recent occasions, I spoke at Yorba Linda Water District (YLWD) board meetings in opposition to the district granting a developer an easement to pave the district’s road at Highland Avenue Reservoir. The developer has three parcels of adjacent land totaling more than one acre, but he has requested to use the district’s road as a driveway for his properties. It has cost the district more than $110,000 to investigate and agree to a proposition that could have been answered with a simple “no.”
A driveway should be built on the developer’s land, not public property. The road is an access road to the reservoir that can only be used in an emergency if access is blocked from Yorba Linda Blvd. The road is a rural, 100-year-old dirt road along a planned equestrian trail that the YLWD own engineers have deemed in sound shape. Paving it would be the classic ‘Road to Nowhere’ government project. It has not needed paving in 100 years and it certainly does not need paving now.
At the September YLWD board meeting, I presented my objections to the project. I felt the board had already made its decision and met only to formalize it; I did appreciate Director Tom Lindsey providing fair and thoughtful comments before approval.
After approval of a motion to direct the staff to draw up terms and conditions with the developer to pave this road to nowhere, I pursued a Public Records Act Request and found the following:
1. $110,500 of unreimbursed expenses has been spent on staff time and consultant fees for the road improvement proposal. The water district’s 25,000 customers are covering the tab.
2. While the YLWD will retain ownership, the easement will essentially allow a private driveway on public land without reimbursement for the value of using the land and also free of property tax assessment on approximately 12,000 sq feet of land. Such a sweet deal! I am sure others would like a helping!
3. While the developer is covering the cost and maintenance of paving, YLWD’s own engineer’s evaluation indicates the current road is sound, with no need for pavement. YLWD will incur greater expenses in the future to access and replace an underlying water main below the paved driveway. Additionally, the rural characteristics of the road will be permanently altered.
4. Liability incurred by the YLWD from travel on its property will be assumed by an entity subject to financial and non-performance risks, exposing YLWD as the “deep pockets” defendant. Depending on the nearly 7 acres of potential development land in the area, which the department notes stated he would like to pursue, the extent of liability from vehicles traversing YLWD property in the future is unknown.
5. YLWD staff has not been open and honest in communications with me and other neighbors, as evident in this email directing a consultant to “not put it in writing” and “not to share too much info.”
However, one director in particular, Director Brett Barbe, has vigorously, and in my opinion, suspiciously, pushed forward suggestions that further benefit the developer at the water district’s expense. He insisted the developer be given a key to open a YLWD gate that no public individual has ever had. He insisted that no limit be placed on the number of cars that could traverse the YLWD property. Something to the effect of “If he had a party with 20 cars, are we going to tell him the 21st car has to park down the street.”
Director Brett Barbe suggested the district consider prematurely replacing two underlying water mains that run on the developer’s property and under the area to be paved. Fortunately, YLWD staff explained the foolishness and high cost of replacing water mains with at least 17 more years of utility.
Most egregiously in my opinion, Director Brett Barbe dared to suggest that YLWD should pay a portion of what I suspect is $100,000+ cost of the driveway as the paving benefits “all of the other 25,000 water district customers,” counter to his previous comments that the road is rarely used. Fellow Director Gene Hernandez bravely shot down the suggestion to cover the cost of the driveway. Director Gene Hernandez and General Manager Mark Toy correctly pointed out that the district would not have had to incur any of the $110,000 expense if the developer had not made this request in the first place and should certainly not be paying for the paving.
Director Brett Barbre has elected to justify the project as a way to save trees and the unique rural characteristic of the area when, in fact, all of the trees can be saved simply by having the developer place his driveway on his near one-acre of land adjacent to the trees. The dirt road should remain as it has been for 100 years, and the unique rural characteristic should be maintained for the enjoyment of the future equestrians and pedestrians in the area. We don’t need another “Road to Nowhere” government project. $110,500 spent is enough!
I invite all to attend when I make my third presentation to YLWD board to object to this project on Nov. 14 at 8:30 a.m., at 1717 E. Miraloma Avenue, Placentia CA.
Manuel Roman, M.D., M.B.A. is a retired emergency room physician who resides on the adjacent property.
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