Final steps outlined for Yorba Linda's annexation of Cielo Vista development on Murdock property

Yorba Linda's 20-square-mile area will grow by a bit more than one-half of 1% in a few weeks, when the final step to annex the once-controversial Cielo Vista development – approval by the Orange County Local Agency Formation Commission – is anticipated.

The 84-acre planned unit development of large-sized, single-family residential parcels was approved for annexation to the city by the county Board of Supervisors Oct. 22, after a pre-annexation agreement with the city was adopted Oct. 1.

Located adjacent to the city's northeast boundary, the county land has been long known in Yorba Linda's planning documents as the “Murdock property.” Developer of the Cielo Vista portion of the property can build up to 80 homes, although a lower number is expected.

The homes will be situated on the southerly 42 acres of the property, with the other 42 acres designated as “permanent open space.” The lone vehicular entry point to the development is from Via del Agua, which becomes Stonehaven Drive in the area.

Opposition to the project by the Protect Our Homes and Hills organization was overcome by the developer addressing many of the non-profit group's concerns. Melanie Schlotterbeck, a consultant to the group, stated its “non-opposition position” in an Oct. 15 email to supervisors.

The pre-annexation agreement with Yorba Linda calls for Cielo Vista to pay the city a “public benefit contribution” of $16,176 per residence, or nearly $1.2 million, based on a minimum of 69 homes. The payment would increase up to the 80-home maximum.

The developer will pay another $250 for each home to the Yorba Linda Public Library, totaling a minimum of $17,250, based on 69 homes, and pay a share of the cost of the traffic signal at the Via del Agua intersection with Yorba Linda Boulevard with the Esperanza Hills project.

The annexation includes inclusion in the city's Landscape Maintenance and Assessment District, but it's unknown at this time if the property will be included in a local landscaping zone. Arterial landscaping, lighting and traffic signal zone payments by owners are required.

Cielo Vista will pay the city a $231,426 fee for the city's Master Plan of Drainage, dedicate trail alignments with the city's Master Plan of Trails, assume responsibility for maintenance of the road and bridge into the property and pay the costs related to processing and annexation.

A city agreement with the county calls for future property tax allocations from the development to be shared with the county on the basis of a 1985 city-county pact that portions income from the 1% basic levy at about 56% for the city and 44% for the county.

The county will transfer an estimated $531,000 in parks and recreation fees and 100% of the county public library fees from the project to the city for the city's parks, recreation and library programs.

The county will handle permits and inspections until the project is “fully improved.”

Placentia-Yorba Linda Unified School District trustees add to search and seizure policy, adopt new property damage policy

A “search and seizure” policy on the books for 40 years in the Placentia-Yorba Linda Unified School District has been revised to add a paragraph on the potential use of trained dogs to detect the presence of prohibited objects on school grounds and at off-campus school activities.

The short addition states: “In an effort to keep the schools free of dangerous contraband, the district may use specially trained, nonagressive dogs to detect and alert staff to the presence of substances prohibited by law or board policy.”

Further, the addition states: “The dogs may sniff the air around lockers, desks or vehicles on district property or at district-sponsored events,” but the dogs “shall not sniff individual students or other persons and may not sniff any personal items on their person.”

The revision was adopted on a unanimous vote of trustees and takes effect Nov. 8.

Also supporting the revision was student trustee and Yorba Linda High senior Nathan Brown. He is filling the slot that rotates among the district's high schools each semester. The student trustees began casting “preferential” votes during the 2018-19 school year.

Still in effect is the existing statement that illegal, dangerous and prohibited objects “may be seized by school officials and may be placed in the custody of appropriate law enforcement personnel as soon as possible after seizure.”

And: “Any seized objects found not to be illegal shall be returned to the individual after school hours or to the parent/guardian.” The policy cites 18 sections of the state's education code as legal references.

Adopted earlier this school year and now in effect is the district's first-ever policy that provides guidelines for “recovery for property loss or damage,” also approved on a 5-0 vote by trustees.

According to the policy, the district “shall seek reimbursement...from the parent/guardian of a minor child or from any other responsible individual,” when “district property is damaged due to the willful misconduct of a student or other person....”

The policy allows collecting a debt owed by a student or former student due to vandalism or to cover the replacement cost of district books, supplies or property loaned to a student that the student “willfully fails to return or that is willfully cut, defaced or otherwise injured.”

The district “may withhold the student's grades, diploma and/or transcripts until the student's parents/guardians have paid for the damages” or voluntary repair work has been completed.

The policy doesn't apply to a student who is a current or former homeless or foster child.

Also approved by trustees is a resolution seeking additional funding for student mental wellness. The money will be dispersed by the county Board of Supervisors under provisions of Proposition 63 passed in 2004.

The resolution asks that the district be included in a collaborative planning process to determine how to spend the funds.

Yorba Linda becomes first Orange County city to reaffirm Prop. 13 support, oppose 'split-roll'

Yorba Linda is the first city in Orange County to adopt a resolution affirming support for the current provisions in Proposition 13, while specifically opposing the “split-roll” proposal that would exempt commercial properties from the measure's tax limitation protections.

The city's resolution also opposes efforts to lower the two-thirds vote threshold that is now required to pass many tax increases. The “split-roll” and lower vote requirement proposals “would inflict irreparable harm on California's economy,” according to the resolution.

The resolution was adopted on a unanimous vote at an Oct. 1 meeting of the City Council.

Proposition 13 put the maximum property tax at 1% of the full cash value of the property in 1976, allowing up to 2% inflation increases each year and reassessments to 1% of current year values upon ownership changes or completion of new construction.

The measure was approved by California voters on the June 1978 primary ballot with a 62.6% “yes” and 34% “no” vote in an election with a 67.5% voter turnout. Orange County was among the 56 out of 58 counties in the state that supported the measure.

A “split-roll” measure – the California Tax on Commercial and Industrial Properties for Education and Local Government Funding Initiative – has already qualified for the Nov. 3, 2020 ballot, but proponents are collecting signatures to substitute a slightly revised version.

Yorba Linda's resolution states that the “proposed changes to Proposition 13 would have a variety of detrimental effects, including substantial tax increases for low-income and elderly homeowners, increased gentrification of our communities and higher rents and costs on everything we buy and use....”

The resolution also states that Proposition 13 has made California's property taxes “the most stable and predictable source of public revenue, even during economic downturns, which has provided a major benefit to local governments....”

The resolution was introduced by second-term council member Peggy Huang. She and four other Republicans are vying with incumbent Democrat Katie Porter in the March 3 primary to advance to the Nov. 3 general election to select the 45^th Congressional District representative.

The top two finishers in March will earn a spot on the November ballot. Other Republicans in the race are Mission Viejo Councilman Greg Raths, Laguna Hills Councilman Don Sedgwick, county board of education member Lisa Sparks and businessman Brenton Woolworth.

The district includes all of Irvine, Laguna Hills, Lake Forest, Mission Viejo, Orange, Rancho Santa Margarita, Tustin and Villa Park and parts of Anaheim, Aliso Viejo and Laguna Niguel.

Porter defeated two-term Republican incumbent Mimi Walters 52.1% to 47.9% for the position in 2018, becoming the first-ever Democrat to win a House race in the district. District registration is 35.5% Republican, 31.7% Democratic and 28.2% no party preference.  

New Yorba Linda rule: private parties renting Community Center must purchase any alcohol used from Center Weddings and Events

A new rule on how alcohol is procured for use at events at the Community Center follows the longtime Yorba Linda practice of trying to minimize the potential for negative incidents related to alcohol use.

The new regulation requires sponsors of private events at the center to purchase any alcohol used from Center Weddings and Events, which is operated in partnership with the Black Gold Golf Club by Kemper Sports. The policy begins with bookings made after Oct. 31.

Prior to the rule change, private parties renting center facilities could provide their own alcohol, but due to state Department of Alcoholic Beverage Control regulations, alcohol remaining after the event could not be removed from the site.

The ABC leave-the-liquor-behind rule “is well documented during the booking process, and it is even discussed during event set-up,” Finance Director Scott Catlett noted in a report to the City Council recently.

“Nevertheless,” Catlett stated, “it has been extremely challenging to enforce this regulation at the end of the rental, as clients and/or guests become upset after seeing the amount of alcohol that is required to be left on site, which is later disposed of by the bartending staff.”

Catlett also noted that “an increase in consumption toward the end of events can occur, which staff believes at least in part likely has led to the several negative incidents that have occurred toward the end of events.”

Three specific events required calls to the county Sheriff's Department and Fire Authority for assistance, he stated.

“Even when incidents do not occur,” Catlett added, “the negative interaction resulting from the inability of customers to take the remaining alcohol with them at the end of the event is routine for these types of rentals.”

Non-profit organizations have the ability to provide and serve their own alcohol because they can obtain a one-day ABC license, which is not available to private individuals, Catlett stated.

Other changes: extending alcohol service from 5 to 5 ½ hours or with no limit for non-profits with ABC licenses, allowing alcohol service to adults at youth-related events and eliminating the security guard requirement for events with 100 or fewer people.

Yorba Linda's unique history regarding alcohol began when the deeds for the first tracts of land sold in 1909 restricted the sale of alcoholic beverages, according to the oral histories conducted with several pioneer residents.

In 1971 and 1972 oral histories, George Kellogg said he held the only liquor license for a time after Prohibition ended, when community leaders bought it to forestall alcohol sales, although later a state official made him give it up.

As late as 2017, the council repealed a 40-year ban on serving liquor at charity bingo games. Currently, the 20-square-mile city has 58 active on-sale retail licenses (restaurants, bars) and 25 active off-sale retail licenses (grocery, liquor stores).

Yorba Linda council conducts 'deep dive' audits on employee overtime pay, contract management

Special “deep dive” audits focusing on overtime pay for Yorba Linda city employees and procedures for managing city contracts returned findings of “no exceptions,” so recommendations for changes in operations weren't provided in either area.

The overtime audit showed no employee received added pay in excess of 25% of annual salary and overtime was approved by authorized managers, with pay at 1.5 times the hourly rate for more than 40 hours in a week or two times the hourly rate for Sundays and holidays.

The contracts management audit reviewed expenditures detail and proofs of payments made to contractors to verify that total payments agreed with the original contract and amendments.

The “no exceptions” findings were based on a sample consisting of the five employees with the largest number of overtime hours and a sample of three professional services contracts and the two largest construction contracts for each of the 2016, 2017 and 2018 fiscal years.

The “deep dive” audits – known as “agreed-upon procedures engagements” by auditors – cost $10,000 and were conducted by Macias Gini & O'Connell, the firm handling the city's regular annual audits.

The primary difference between the special audits and the city's regular yearly financial audit, according to Finance Director Scott Catlett, “is the level of focus and detail the audits involve.”

In his recent report to City Council members, Catlett added, “The city's annual financial audit documents that the city's financial statements fairly present the financial condition of the city,” while a special audit “focuses on specific areas for further scrutiny.”

The “deep dive” audits were included in a package of recommendations adopted by the council in February 2017 to match “best practices” found at public agencies “with strong internal controls and financial management practices,” Catlett stated.

In addition to reviewing results of the overtime pay and contract management audits, the council approved two new “deep dive” audits for the just-completed fiscal year: handling cash and the related controls at remote city facilities and at the Black Gold Golf Club.

“Unlike at City Hall where there is centralized cashiering..., remote city facilities” – the library, community center, golf course, Lasorda field house and Travis Ranch activity center – “have varying methods of collecting and managing cash and checks,” Catlett stated.

He added that auditors will review the handling of cash and checks by city employees at remote locations and Kemper Sports employees at Black Gold to ensure “best practices” are followed and reports from each facility match the amounts received at City Hall.

Suggestions for future special audits include controls for Black Gold check issuance, city yard fuel tank usage and wire transfers. The first special audits reviewed surplus property disposal and procedures for using city credit cards in 2018.