Category Archives: Tustin City Council
Judging from the length of the agenda, this week’s Tustin City Council meeting is liable to go a tad longer than the 52 minutes of the last meeting. In fact, I wouldn’t be surprised if the Closed Session goes into overtime.
The city council is still discussing the performance evaluations (and probably salary adjustments) for the City Attorney and the City Manager. I’m not sure why they have David Kendig under Public Employment as he is a contract employee placed there by the city’s attorneys, Woodruff, Spradlin and Smart. If they are unhappy with Kendig’s performance (face it, he’s no Doug Holland), they only need to make a call.
First up under Presentations is our old friend TyRon Jackson. Jackson is being honored for his Operation Warm Wishes project. Jackson is active with the homeless community as well as Tustin at-risk youth. His efforts have helped hundreds of families and kids in the Tustin-Santa Ana area and this award is well-deserved.
On the Consent Calendar, the city council will be asked to approve a $24 thousand dollar expenditure for Willdan Homeland Solutions to provide tech support for the annual Emergency Operations Center exercise. Not much money but one wonders about the justification for single sourcing the contract.
I hope one of the councilmembers will pull Item 5, Resolution for Completion of the Newport Bike Trail, for comment. I have ridden a lot of bike trails in the county over the years and I always thought the Newport trail was a pretty good one. The new trail is absolutely beautiful and functional. If you haven’t ridden it, it’s worth the trip. The contractor came in $53 thousand under budget, to boot. Pat yourselves on the back, city council.
I take issue with the John Wayne Noise Abatement Quarterly Report, however. The noise level at Columbus Tustin School was reportedly well below government thresholds. Perhaps they should move the monitoring station to my house where it is considerably louder. It should be noted, the city council took the easy way out by supporting the extension to the operating agreements, supposedly for fear it would open a can of worms. Note to Al Murray: sometimes you just have to take a stand on principle.
Hopefully a member of the public with some sense will bring up discussion of Item 11, Comment Letter Draft on the Bay Delta Conservation Plan. In short, the city council is supporting the governor’s ill proposed effort to tunnel under the Delta to provide water directly from the Sacramento River to Southern California. Never mind we have been stealing their water since the 1930’s the proposal laughingly purports to be a conservation effort for the Delta when, in fact, it is likely to do the opposite. The city, which obtains nearly half it’s water by theft, is jumping on the Governor’s band wagon. I wonder if they see a value in his high speed rail project as well?
The final item on the agenda is a request for travel by Councilman Chuck Puckett to attend the re-accreditation ceremony of the Tustin Police Department. I haven’t asked but I presume Chief Celano (who should have the department webmaster remove the “interim” from his page on the TPD website) will be attending as well. Congratulation, once again, to Chief Celano and the men and women of the Tustin Police Department.
I have a feeling this will be a council meeting worth watching. And, as it seems the Orange County Register is slowly crumbling into the dust, I may be your only source for true, accurate and highly biased information. That means I will have to step up my efforts. I think I can, I think I can…
The Tustin City Council will consider the appropriation of $369 thousand dollars for consultant services to perform an assessment of the Tustin MCAS hangar under its control. The consultant, Page and Turnbull, Inc., have specific experience in assessing the hangars, having completed an assessment of two similar hangars at Moffett Field in 2006.
It’s difficult to say what the favored disposition currently is at the City. During Boss Tweed Amante’s reign, several sham discussions were held to a pre-determined outcome that the hangar would be razed in favor of other land use. However, a few years ago, the County of Orange, which controls Hangar Number One, decided reuse of the hangar as part of a larger regional style park was high on its list. Perhaps that will be the catalyst for Tustin to make an effort to keep our beloved hangars.
In any case,the consultant agreement will get the ball rolling as a necessary item for final disposition of the hangar. I will tell you, if the Moffett Field report is a telltale, things don’t look good. Keep your fingers crossed.
Sex offenders are a bit easier, though harder to swallow, for our intrepid council. The final item on the agenda is a second reading of the ordinance repealing the sex offender ordinance enacted a few years ago. Although no one (except the sex offenders themselves) is happy about this, all is not lost. As we reported earlier, state law should be adequate to protect our kids. And, I’ve noticed over the years taking my daughter to the park, parents are the best police. Expect a lot of discussion, nonetheless.
In Closed Session, the city council will discuss the work of our contract attorney, David Kendig. In our opinion, the city needs to put out an RFP for legal services. Kendig is a hack attorney whose sole purpose in life is to draw a paycheck and pander to the city council majority. Woodruf, Spradlin & Smart have been the city attorneys for many more years than it should have. The citizens of Tustin should have been alerted to the conflicts a few years ago when former city attorney (working for the same firm) Doug Holland abruptly resigned saying he could no longer adequately represent the city. At the time, we opined the city should go out to bid for a new law firm. That didn’t happen and I would assume the the Amigos are pleased as punch with Kendig. Let’s just hope they haven’t already sealed the deal for a bigger payoff to the firm.
Public Employment – Performance Evaluation of the City Attorney
Student Safety Month – Steve Shirk, DCH Tustin Acura
2014 Water Awareness Poster & Slogan Contest
Development Agreement - City of Tustin and South Coast Community College District (land swap)
Establish Tustin Community Facilities District 2014-1 – Conduct “election” and establish CFD for portions of Tustin Legacy under development. Procedure allows the city to establish a CFD with a sham vote of the “property owner” prior to actual development and sale, leaving new homeowners on the hook for $29 million dollars in bond debt.
Adopt Resolution 14-43 – Adds Tustin Ranch Road extension and Warner Avenue to list of eligible streets for added federal and local funds.
American Red Cross Shelter Agreement – Permits the use of Miller Center, Senior Center and Coliumbus Tustin Gym as Red Cross emergency shelters.
Adopt Resloution 14-47 – Reaffirm support for Prop 13.
Approve Tustin Legacy Park Master Plan – First step in approving 31.5 acre multi-use park in Tustin Legacy.
General Municipal Election Candidate Statement Regulations – Establish the authority and timeframe for candidate statements for the municipal election.
Consultant Services Agreement Hangar No. 2 – Provide funds for procuring Page and Turnbull Inc. to perform a re-use and structureal assessment of Hangar No. 2 at the former MCAS
Appropriation Limit for Fiscal Year 2014/15 – Adopt a fiscal limit of $73,045,518. This is not the actual budget, just the fiscal limit.
Second Reading and Adoption of Ordinance No. 1444 – Repeals certain sections of the Tustin City Code pertaining to registered sex offenders in parks and other areas frequented by children.
I hope everyone enjoyed the Chili Cookoff on the 1st. With no Planning Commission meeting scheduled this week, I had plenty of time to look over the Tustin City Council meeting from the week before.
First up were several speakers, including Marie Sales, who continue to complain to the city council about police brutality and how nothing has changed. Sales made unsubstantiated complaints of harassment of her family and harassment at the chili cookoff (I never saw them) and demanding that policies and procedures be changed.
The most eloquent speaker was tattoed young lady whose name I didn’t get. I only mention the tattoos as it was a pointed and impressive reference to profiling. This young lady was the first to request that the names of the police officers involved in the incident be released. She reminded the city council of the supreme court ruling that now prevents government from withholding the names of law enforcement involved in shootings under the guise of “investigation”. As with most of the other speakers on the subject, she alleged police harassment of minorities in our community.
To hear these speakers, it sounds like the city is turning a deaf ear to the minority community and, particularly, the family of Robert Villa who was killed in a police shooting on February 10th. But, in speaking with Tustin Chief of Police Charles Cellano last week, the city has reached out to the family on multiple occasions in an effort to start a dialogue. In fact, Chief Cellano offered to have a meeting with the family and other interested parties. To date, he says, they have not answered. Why?
Perhaps it is easier to come to a city council meeting and demand names and policy change “right now” rather than to hold a discussion that, in the long run, could effect substantial change for the better of the community. So the real question is one of intent – are the protesters interested in justice or are they interested in getting their name in the newspaper? It may be better to stop being influenced by outsiders, who come to Tustin to grab a headline, and start a real dialogue with city officials. Perhaps then Mrs Villa can get that closure she is looking for.
For the first time in awhile, the Consent Calendar was voted on in its entirety without comment on any particular subject.
That allowed the meeting, which was already proceeding into its second hour, to move to the Public Hearing on the downtown consultant agreement. Phil Cox, owner of Cox Market Plaza and kin to Columbus Tustin (he made sure we all knew that), was first to speak. Besides having a business interest in downtown, Phil is probably one of the biggest preservationists of Old Town. He is also one heck of a speaker.
The topic tonight? Ficus trees and their damage to the sidewalks of Old Town. Phil gave a detailed discussion on the damage the trees are doing to the sidewalks and other infrastructure of the city. Although he had to cut his presentation short, he was able to show the unseen damage the roots are doing to the city sewer system. The gist of Phil’s presentation was that the ficus trees should be replaced with environmentally sound trees that will not damage what we currently have in Old Town. Notwithstanding Mayor Murray’s trying to run him off, Cox made his point.
There was a question from Councilmember Gomez as to why the extra funds were needed. Community Development Director Elizabeth Binsack said, essentially, the CDBG funds were only part of the funding for the consultant (if I heard right, it was $500k total). The funds were being requested now because it was unclear if funds would be available next year as well.
Councilman Nielsen asked for clarification of the boundaries of the study. Binsack stated the boundaries were that of Old Town itself but could include “interface areas” suggested by the consultant as well. The motion passed unanimously so, hopefully, we will get that study this year. As Mayor Murray pointed out, there is a “synergy” in Old Town with new buildings about to be occupied and even newer ones (hopefully) going up.
The repeal of the sex offender ordinances garnered a bit of commentary. It was clear that no one was happy about the repeal of the ordinance that was caused by the Godinez court decision. That appellate decision invalidated a number of city and county ordinances in Orange County.
Mayor Al Murray, a former police captain was clear that he felt the city ordinance was necessary protection for the community, Councilman John Nielsen, who voted in favor of the original ordinance voiced an even stronger opinion. Saying he made no apologies in enacting the ordinances, Nielsen felt they were necessary in going further than state law to protect the community. As a matter of principle, he said he would vote no on repealing the ordinance.
While Murray and Nielsen both stated their opinion by voting against the repeal, I hope they will follow up with action. If the city feels this strongly that state law is inadequate, action should be initiated through one of the many lobbying organizations the city belongs to, to sponsor effective state legislation that would do the job. The advantage, as I have written before, would be to enact consistent law that can be effectively enforced by law enforcement at all levels of government.
John was on a roll as the city council moved on to the last item on the agenda, Consideration of Support for AB1453 – Veterans Cemetery and Prop 13. Nielsen stated he felt a resolution was necessary due to all the rumblings going on at the Capitol over changing Prop 13. He felt that the bent of the legislature made it mandatory to use the strongest language possible to “protect the citizens” in keeping Prop 13 intact. Councilmember Beckie Gomez said she failed to see a serious attack on Prop 13 and was ambivalent to either a resolution or a letter of support.
While Nielsen may have stated altruistic motives for his pro-vote, his real concern is what the legislature has lately discussed. Knowing the strong opposition from California voters over a complete overturn of Prop 13, discussion has centered around splitting the tax rolls and effectively eliminating Prop 13 for businesses. Nielsen, who has consistently demonstrated his love of business (particularly political contributors) over the citizens of the community, finds a win-win in championing a supporting resolution from the city.
It’s sad that AB1453, which would authorize a state veterans cemetery in the county, didn’t receive the same level of support. But then, none of our sitting council has ever served their country in the military so the idea of a veterans cemetery is probably lost on them. Oh, and the bill is authored by a democrat. At least we got a letter of support.
Enjoy your week. The Tustin Police Department is sponsoring a couple of upcoming events including the annual Police Open House this Saturday in front of city hall. There will be demonstrations and tours of the police building. You may also get a chance to meet our new Chief of Police, Charles Cellano. Unfortunately, don’t be surprised if a few protesters show up.
A tough issue facing the Tustin City Council Tuesday will be the repeal of the majority of its local sex offender ordinances. As you may have read, the California Appeals Court has struck down most local sex offender laws and both Irvine and Orange have repealed their ordinances. Tustin is following suit by repealing that part of the ordinance that prohibits sex offenders from entering city parks.
Don’t worry, your children are safe. The ordinances in question were rather far reaching and unnecessarily built upon state law which already effectively limited sex offenders from entering parks and schools without permission. At the time, the city jumped on the Republican bandwagon to enact mostly superfluous laws. The appeals court simply put the onus back on the state (where it should be) to enact appropriate laws and get rid of the checkerboard of (sometimes) confusing local ordinances. Police will still be able to do their job without the perceived rights violations that could potentially occur. Yup, I hate to say it, sex offenders have rights, too.
Tustin police will also be able to enforce the residency restrictions of state law as well.
Before tackling the regular business of the day, however, the city council will meet to discuss the proposed budget for the coming fiscal year. This budget workshop will convene at 4 pm in city council chambers and the public is invited to comment and discuss the proposals. I am still looking through the documents myself. The summary gives a flat, conservative picture of the city’s approach to finance. At the outset, I would simply ask them to take a closer look at items they purchased out of the reserve fund last year and ensure like items are budgeted for. The reserve should stop being used as a slush fund for pet projects. You can see the proposed budget here.
Back under Regular Business, the city council will consider a proposal by the Community Development Department to increase the budget for a consultant by $100,000. The purpose is to develop a downtown commercial core plan. The council previously approved more than $60,000 for the study. In publishing the RFP, they apparently discovered consultants aren’t cheap.
We still believe the study could best be done by city planners with perhaps a minimum of outside help. Unfortunately, City Manager Jeff Parker and Community Development Director Elizabeth Binsack are intent on maintaining the Republican cant to privatization, even for projects where it is obvious city planners have an advantage.
The last item of Regular Business is one close to my own heart. Item 15, Consideration of Supporting Assembly Bill 1453 – Orange County Veterans Cemetery. Through the history of the El Toro and Tustin Marine air bases, our city has a long history of serving veterans. The closest veterans cemetery is Riverside National Cemetery near March Air Force Base.
Sharon Quirk-Silva’s Assembly Bill 1453 would authorize the construction of a state veterans cemetery in Orange County. The latest proposal would place a veterans cemetery on El Toro property, a situation faced by an unenthusiastic Irvine City Council who have gone as far as to hire a Feng Shiu consultant. Apparently, cemeteries are not consistent with a Feng Shui lifestyle.
Anyway, it took awhile but Tustin city fathers must have read my blog asking for support for Silva’s bill. Yes, this deserves discussion as to where it will be located. But, we owe it to our veterans to give them a final resting place in their own county.
Special Meeting – 4:00 pm
Workshop on proposed budget for fiscal year 2014-2015.
Closed Session – 5:30 pm
Conference with Legal Counsel – 2 items each of initiation and exposure to litigation
Liability Claim – Maria Teresa Dunn Clam No. 14-02
Conference with Real Property Negotiators – TUSD
Regular City Council Meeting – 7:00 pm
Student Government Day 2014 – Ethan Banks, Amy Coulter, Olivia Bancroft, Alison Greenberg
“Everyday Hero” – Jim Carson, Orangewood Children’s Foundation
Annual Levying of Assessments – Tustin Landscape and Lighting District for Fiscal Year 2014-15
Review City Conflict of Interest Code – City Manager
Call for Election – November 4, 2014 – 2 council positions
Approve Grants of Easements Southern California Edison over portions of roadways and parcels of Tustin Legacy properties.
Request for Appropriation – Downtown Commercial Core Plan, Consutant fees and agreements. Additional funds requested.
Exclusive Sales Listing Agreement – CBRE Inc. for Tusting Legacy Area 4
Repeal of Sex Offender Ordinance – Repeals certain sections of city code to conform with recent court of appeals decisions.
Consideration for Support of Assembly Bill 1453 and Reaffirming Support for Proposition 13 – Resolutions to support Sharon Quirk-Silva’s proposal to establish a veterans cemetery in Orange County. Second resolution would reaffirm city support of Prop 13.