Category Archives: Tustin City Council
For once, there is not much on the Closed Session agenda for the upcoming Tustin City Council meeting on Tuesday. Don’t expect any report from the city attorney. At the meeting two weeks ago, everyone on the dais attempted to dodge the bullet when a speaker, during public comments, brought up noise and traffic at the Wilcox Manor. The Mayor Puckett couldn’t foist it off on the police chief fast enough. The good news is, Silent Mike and Lindburgh have been complying with the terms of their conditional use permit and Tustin PD reports no glaring discrepancies. In fact, there have been only three complaints, all apparently resolved.
The sole Public Hearing on the Regular Agenda is Item 1, Community Development Block Grant 2015-20120. This year, the city is required to submit the 5 year Consolidated Plan that identifies community needs and proposals for funding.
The draft list prepared by city staff is pretty extensive and includes parks, parklets and expansion of Old Town parking. It also includes street and infrastructure improvements and rehab.
Some of the more interesting proposals include economic development of Tustin, particularly the Old Town area. A lot of time and effort by staff has recently been put into developing a plan of sorts for the development of Old Town. Unfortunately, until there is some movement by principal property owners, it’s doubtful there will be much more construction taking place. Still, its good to see the city finally paying attention to our legacy.
All currently funded projects previously selected for this three year period by the Tustin Community Foundation will continue to receive CDBG money.
There is not much on the Consent Calendar to be concerned about. Most items are administrative and recurring. Item 7, Renewal of Field Services 4/10 Work Schedule, is a renewal of a pilot project from the past few years for field service personnel to work 4/10 schedules during daylight savings time. This is a union negotiated item that should probably become permanent.
Item 8, Approval of Operator Services Agreement for Carnival Rides- The previous agreement with Shamrock Shows expired and the city is preparing to sign with Brass Ring Amusements for rides and concessions. The new agreement also pushes more money into city coffers with the city’s take beginning at 25% of gross receipts. It’s interesting to note the city now requires background checks on all carnival employees due to an issue a few years back.
Brass Ring Amusements, by the way, is pretty well established and is scheduled to run more than 15 California fairs this year. So, expect a quality ride.
Under Regular Business, the city is finally going to utilize the event center they established at the old Regal Theater in the Tustin Market Place. Item 9, Recommendation of the City Use of 12 Events at the Community Center, recommends 12 city sponsored events to be held at no charge to the city.
The ad hoc committee of Councilmembers Gomez and Nielsen came up with a list of spine-tingling events that will include (in no particular order) a talent contest, a youth film festival and a new (did I say free?) place to hold the State of the City Address.
The final item on the agenda is Item 10, Formation of Veterans Advisory Committee/Commission. Normally, I would be cheering the formation of anything for veterans. But, this is a topic brought up by none other than, Mayor pro tem, John Nielsen. There are a couple of reasons for concern.
First, is Nielsen’s apparent collaboration with his ally, former councilman Jerry Amante. Amante, if you recall, had a feud with The American Legion Post 227 that subjected them to some humiliation and all but eliminated the color guard ceremonies that were being held in council chambers each month.
That rift between the Legion Post Commander and the city council began as a small tiff when, way back in 2001, Legionnaires came to the rescue by reviving their post and touching off the first (in a long time) Veterans Day parade down El Camino Real. I witnessed the buildup and slow degradation of what was hailed by the OC Board of Supervisors at the time as “Orange County’s Veterans Day Parade”, into a less substantial day in the park due mostly to the hostility of the city council toward veterans. I’m not even sure there is a celebration in Tustin anymore.
Should we mention their one-time desire to do away with the blimp hangars?
A second reason for suspicion -and that ties in handily to vet loving by John- is the rumor recently making the rounds that John Nielsen may make a run for the California Assembly. Normally, I would dismiss a notion like this as someone’s idea of a nightmare on Elm Street. That is, until I heard it from two distinctly different sources, one of whom does not live in the city.
So, is Nielsen simply paying homage to veterans in order to regain some traction here on the home front? Certainly, he has lost interest in any business the council conducts, as it is apparent he has been treading water, at least since the election. We did email Nielsen on his intentions but he has, so far, refused to respond to us.
One other item of note, Old Town residents received a Notice of Publice Hearing on a code amendment. The hearing, to be held February 24, 2015 at 7 pm (Planning Commission Meeting), will be to hear public comment on a proposal to change second residence requirements. The proposed amendments would eliminate “accessory guest rooms” or what most of us would call, “granny flats”. in lieu of establishing new guidelines for 2nd residential units on lots. If you can only go to one meeting, this may be the one.
Unless items are pulled from the Consent Calendar for discussion, Tuesday’s Tustin City Council meeting should be fairly short. Of course, short is a relative term when it comes to this council, who often discuss issues of little or no relevance just to hear themselves speak. If you doubt my words, watch the “councilmember comments” for the complete rundown of where they’ve been.
The Closed Session has the usual suspects but is also populated with a number of, what appear to be, associated claims. Stephanie Loy, Laura Hernandez, Jose Franco, Kaitlyn Kim and Jessica Ma filed claims late last year with the city.
Management Works has filed the first claim of the year. Management Works is the property manager for the Park Magnolia Apartment Homes on on Tustin Village Way off Williams Street. Gangs are prevalent in the area, so it should be interesting to see what the claims are and to see if they are actually related. I don’t usually take the time to visit the city clerk’s office but this may be worth the effort.
Most items on the Consent Calendar are routine. It is good to see the city recognizing their support of veterans by renaming the soon-to-be Tustin Legacy Park to Veterans Sports Park. This 33 acre park will encompass sports fields that include softball, football and soccer fields. There will also be a Veterans Memorial which the city is asking for help from the community on. Plans for the park can be seen here.
Item 5, Grant Application for Housing Related Parks Program, is a request to apply for another parks grant related to affordable housing. Frontier Park has already benefited from a previous grant and city staff believe there will be more money availbable this time around. Most grants like this require matching local funding. According to the staff report, this one does not.
You can expect quieter disruptions during underground street work should Item 9, Purchase of Hydro Excavator, be approved. The machine selected by the public works department would be quieter and less disruptive when having to dig underground. Of course, it all comes at a cost of nearly half a million dollars but, hey. It’s budgeted for.
The final item of the Consent Calendar and one that should certainly be discussed, would establish another “limited term” position, this time for a Principal Plan Check Engineer. Reading the brief agenda item would lead us to believe this is project specific. I wonder how many of Elizabeth Binsack’s other limited term positions she has asked for still work for the city? I’m actually surprised to see this since City Manager Jeff Parker has the apparent authority to hire anyone he wants, anytime he wants.
The sole item under Regular Business may take some time to discuss, as it should. The Mid-Year Budget Review should raise some eyebrows just for the (un)expected requests for reserve funds. Regardless of the fact we may be above reserves (Parker should be willing to tell us), it is ridiculous that reserve funds are being used mostly for items that should have been accounted for properly.
Except for comments on their reported whereabouts by the individual councilmembers, that would appear to be it for the week. We’ll let you know if they have anything interesting to say.
Businesses along the corridor of Interstate 5 through Tustin and Irvine beware. Meetings are being held for so-called public input for the proposed widening of the I-5 corridor through our town Tustin. The meetings are important to you for a variety of reasons.
Although the Orange County Transportation Agency is touting the project as a needed measure to relieve traffic on one of the most heavily traveled freeways in Southern California, the project is about more than just traffic.
To the south of us, cities and residents are struggling with the same issue with the widening of the I-405. Although the recent opening of the carpool flyovers between the 405, 605 and 22 freeways has helped in transitioning traffic in a safer manner, it hasn’t done much to change the overall flow which sees nearly 400,000 vehicles a day through some areas.
Three options were initially proposed for the widening of the 405. The first two involved adding lanes and carpool lanes to the existing highway. The third, touted by former councilman Jerry Amante who was the Tustin representative to OCTA at the time, was the creation of toll lanes (and the demise of carpool lanes). When the pubic outcry made it clear that toll lanes were not an option, the OCTA Board of Directors (mostly) back pedaled and settled on increasing the number of carpool and general purpose lanes, all of which would be free.
That wasn’t the end of it, however. In 2014 Caltrans, which has final say over virtually any freeway project, announced that toll roads were the only method that would improve traffic on the 405 through the county in a manner sufficient to satisfy the Feds. Members of the OCTA Board that favored toll lanes were overjoyed. Those that did not, including virtually every city along the proposed expansion, were not. OCTA, which had earlier promoted then disenfranchised themselves from toll lanes, quickly jumped back on the HOT train. At this point, OCTA fully supports the toll lane alternative which, by the way, would include the existing flyovers from the 605 and 22 freeways.
So, how does this affect the I-5 through Tustin?
Obviously, the same thing could, and probably would, happen to the I-5. For some reason, Caltrans believes that money losing, under utilized toll roads are the way to increase traffic through high impact areas. You can bet the writing is already on the sound wall for high occupancy toll (HOT) lanes. It stands to reason that, according to their logic, anything less would not serve the government public needs.
The push for HOT lanes is obvious. No matter how little income they generate, HOT lanes income goes directly to the government. In order to alleviate the concerns of the various city councils, OCTA will, no doubt, offer to share a sizeable chunk of the change generated with the affected cities. In Tustin, one only has to wave the carrot in front of a gullible city council to get their attention.
The real rub for many is the fact that we already paid for this expansion. M2 funding is supposed to pay for public highway improvements. Measure M funding paid for some of the first improvements with the Feds (read, your personal income taxes) making up the rest. The same is true for the I-405 proposed expansion as well as the I-5 proposal. During the I-405 discussions, it was clear taxpayers do not want to pay twice for the same road improvements.
Caltrans is interested in one thing and it has nothing to do with how you and I perceive traffic issues. Federal money is at stake in all of these projects. Most highway improvement projects rely on matching grants from the Feds. If Federal guidelines are not met, in this case regarding traffic flow, the state would find it difficult to fund major projects.
There is no doubt, though, that Caltrans sees the dollar signs as well. Toll roads seem like an attractive way of generating cash. After all, in the eastern and some midwestern states, toll roads are more common than free highways. But, easterners have grown up on toll roads. Californians have not been so “lucky”. In fact, toll roads were virtually non-existent until the 1990’s when State Route 91 implemented a public/private toll road system to charge for the privilege of travelling a 10 mile stretch of highway between Orange and Riverside Counties. That “partnership” has since devolved into a government function that has never made enough money to pay for the lanes it took over.
And that is the real issue that is coming before voters in Orange County. Caltrans, apparently with vested authority, will tell Orange County what to do with local taxpayer money by forming toll lanes on the I-405 – and the I-5 through Tustin. Public concerns be damned, you will pay twice to build a road most of you will never be able to use.
There is a possibility Caltrans could be thwarted in their efforts. It begins with us, however. By turning out in force at the upcoming meetings, residents of Orange County, particularly Tustin and Irvine, can tell the authorities that toll roads is not an alternative on a public highway. Yes, we need relief from the already overcrowded highway lanes traversing our city. But, those lanes should be paid for completely with Measure M funding that had already been approved for the projects, not with the “enhancement” of toll roads which will never pay for themselves but will certainly allow the elite of the county to travel unencumbered.
You can bet Al Murray, current Tustin representative to OCTA will be there. He needs to hear from Tustin and other Orange County residents how toll roads are not the answer. He needs to hear how he should be seeking the assistance of our state legislators to prevent or, at least provide oversight of, any proposed toll road project. And Caltrans, which is sponsoring the meetings, needs to be told to keep their hands off our local tax money.
If this is a numbers game and numbers are the driving force, it should be obvious to everyone involved that toll roads are grossly underutilized, making zero real impact on traffic, existing or future. One only has to travel the 91 freeway during rush hour to see the negligent impact money-losing toll roads have on the morning commute. Toll roads benefit only one segment of population, the rich and famous who can afford it.
And, if anyone wants to look at the “success” of the 73/241/261 “private” toll road debacle, remember that the Transportation Corridor Agencies have refinanced bond measures multiple times to extend the payment schedule due to underutilization of those highways. So, why would it be different with the I-405 or I-5? If tolls are implemented, they are here to stay.
If there is a ray of hope. it is likely to be in the form of legislation, like then assemblyman Allen Mansoor’s in 2014 to block toll roads, at least on the I-405 and I-5. In order for that to happen, Orange County residents need to make it clear to their lawmakers (both local and at the state level) that toll roads are an unacceptable solution to the traffic problem. Again, that starts with attending the meetings and voicing a collective opinion.
There are two scheduled meetings for the I-5 project. The first was held January 26th in Irvine . The second meeting, on January 28th at 5pm is a bit closer at Tustin High School in the cafeteria, 1171 El Camino Real, Tustin. Judging from the locations, it seems OCTA, which is putting on the “informational” meetings, does not expect a huge crowd. They might be surprised, depending on the publicity these meetings receive.
Yes, this is the early stages of this project. Without early involvement by concerned citizens, however, OCTA may roll over again on the toll road issue. And, this time, they may have more ammunition in the form of the I-405 project.
Unless the councilmembers suddenly get an urge to actually discuss something, it looks like it will be a fairly short meeting of the Tustin City Council on Tuesday. Councilman Bernsein, are you back yet? Chuck missed you.
The Closed Session, which begins at 5:30 PM, hosts the usual suspects. Several discussions regarding existing or potential litigation include a long standing case, now an appellate case, between the city’s old Redevelopment Agency and the Department of Finance. And, while the city attorney decided to keep the wraps on the case, we’ve been able to surmise it involves several million dollars of disputed RDA funds. It turns out the parties reached an agreement in December and we should soon see this issue drop off the radar.
Redevelopment agencies were dissolved by law back in 2011. Unfortunately, as is the usual case with a half-baked legislature, they only did half the job and made up for it by creating, so-called “successor agencies”. Much of this was in the middle of the state attempting to remain solvent by grabbing as much tax money from cities and counties as possible. This, of course, generated millions of dollars in business for lawyers which, I’m sure, our city attorney is happy to keep going as long as possible.
Most of the Regular Session items are on the Consent Calendar. Perusing the Demands and Payroll, the only item of interest is the apparent high cost of our contract city attorneys at Woodruff, Speadlin & Smart. Perhaps City Attorney David Kendig is trying for partner. Total cost of our attorney services this month is $17 thousand and change. That’s apparently in addition to the $34 thousand plus the lawyers charged for Successor RDA work and other legal fees
hidden sprinkled throughout the report. You’ll have to be the judge of whether we are getting our money’s worth.
Most of the other items on the agenda are routine business and we doubt they will generate much discussion. Item 6, Long Range Property Management Plan and Item 7, Amend and Reinstate the Working Capital Loan, etc., are two more pieces to the puzzle left by the RDA. We know the city council would love the legislature to reinstate the RDAs in California. Like most cities, they have been dragging their feet and crossing their fingers in hopes of resurrection. With any luck, they will run out of excuses and money to play with and disappear completely before that happens.
Two items will round out the Regular Business. Item 8, Comprehensive Annual Financial Report for Fiscal Year 2014 is the annual financial analysis of the city. I’m not much for numbers but you can read the report here. The short version is here.
Item 9, Commission Vacancies, lists the expiring terms of the Planning, Community Services and Audit Commissions. There are three terms expiring on each. Most of these carry a tidy stipend for a bit of community service. As soon as they are posted, we’ll let you know (along with who has applied).
That’s it for this meeting. We’ll let you know if anything interesting happens…..or anyone shows up for the meeting.
By the way, welcome back Chief Cellano.