Can We Get It In Four Part Harmony?

fat_lady_singsDid you hear it? Yesterday, the fat lady sang. And, with that, another chapter in the sordid history of the Tustin City Council is over.

After nearly three years of threats, court appearances and dirty pool, the Tustin Unified School District and the city of Tustin have settled their differences. The trial, scheduled to begin today, was narrowly averted when the two sides agreed to sit down one last time in an effort to mend fences and mediate their problems. A brief joint press release was issued shortly thereafter:

TUSTIN, Calif. – The City of Tustin and the Tustin Unified School District are pleased to annunce that they have reached an amicable resolution of the litigation regarding the City’s review of TUSD’s grading and drainage plans.

The two agencies are pleased to announce the case has been resolved, and agree that the resolution of the case benefits both of the agencies and the public.

The press release is a bit underwhelming. The city and school district first began having problems in 2010 during a construction at Heritage School and Tustin High School over the inspection and approval of grading plans. The city demanded the school district submit their plans for the schools to the city’s planning department. The school district originally submitted their plans “as a courtesy” but subsequently withdrew them and refused further submittals saying they were not required to obtain permits, grading or otherwise, from local authorities for construction. When it was rumored the city would physically halt any further grading efforts, possibly with arrests, the school district filed the first of a series of lawsuits.

The city quickly filed a countersuit and, later, another separate suit against the school district in an effort to halt a change in use of the new Heritage Elementary School built on the old MCAS base property. That lawsuit was heard last year in Riverside Superior Court where the judge chided the city for filing what amounted to a retalatory lawsuit against the school district. The school district won handily and focused its efforts on the original lawsuit which had, by then, been continued twice.

The lawsuit was also a contentious point of the Tustin City Council elections. Candidates sparred back and forth with then Mayor John Nielsen attempting to back pedal from his previous hardcore stand against the school district, saying that he favored resolution of the lawsuit. Candidate Allan Bernstein publicly called for term limits for school board members. The third member of “Team Tustin”, Chuck Puckett,  was the only cool head among them, joining Tracy Worley and David Waldram, a Tustin High school teacher, in calling for reconciliation and resolution to the issues. Worley and Waldram both believed the entities’ differences were the result of a personality conflict between the school district and councilman Jerry Amante.

The Orange County Register, which broke the story on-line last night, said there is a 10 page agreement outlining how the two sides will handle future school construction for the next 15 years. Among other things, the school district agrees to submit grading plans and pay plan check fees for grading only. No other permit or construction fees will be paid to the city. In return, the city agreed to limit their comments and checks to two submittals. According to the story, there are no plans coming up for future upgrades to schools that would require plan checks by the city.

Both sides agreed to publish a joint press release. No other information came from the city other than a comment by Mayor pro tem Chuck Puckett who told the Register, “All I can say is we’re happy with the agreement.” We think it satisfies both parties and the residents of
Tustin. We’re extremely pleased with it.”

All we can say is, it’s about time. The lawsuits were the fruit of former councilmember Jerry Amante’s reign of terror in the city. When news of the tiff between the city and school district first arose, it became clear to most of us it was a power struggle by the little dictator to maintain control over all things in the city. And, while the Register maintains the cost of the lawsuit was just over $1.5 million dollars, Our Town Tustin received information the total cost of all the lawsuits (including the previously settled Heritage lawsuit) was over $2 million dollars and counting.

So, did the recent change in staff and councilmembers have anything to do with the settlement? Most certainly the exit of Amante could only help matters. The addition of veteran councilman Chuck Puckett was a plus, in our opinion. Previous discussions with him on the issues led us to believe he would press for a settlement if elected.

Ed Connor, the attorney for Tustin Unified School District also applauds City Manager Jeff Parker and Schools Superintendent Greg Franklin, who both came on board their respective agencies in 2011, for directing the lawyers to  “stop banging heads and to get this resolved.” Parker, who appeared to walk softly around Hizzoner Amante, seems to have become more of the manager Tustin needs under the new regime. We look forward to seeing more of that aspect of him.

The new year has started off with a bang. A somewhat bland city council has taken their first bull by the horns and, applying commonsense, has hammered out an affable agreement to the benefit of all. Maybe it is not just the economy that is turning around.

About Jeff Gallagher

I am a retired peace officer from the 2nd largest law enforcement agency in Orange County. I live in and love Tustin where my family and I have resided for the past 25 years. I am a highly moderate libertarian that despises hardcore Republicans, Democrats and anyone else who is not willing to compromise for the good of the people.

Posted on January 30, 2013, in In the News, Local Government, politics, Tustin City Council, Tustin Unified School District and tagged , , , , , , , . Bookmark the permalink. 11 Comments.

  1. What the press didn’t say was that the controversy started before the grading issue when the city sought to trade the location of The school site to one further in the base without the school district knowledge. The school district only found out through a phone call from the navy dept. This was probably the start of the Amante terror campaign.

  2. Thanks for bringing that up. I had completely forgotten about that little tidbit.

    Thanks for reading and commenting.

  3. Informed citizen

    Congratulations to Mayor Al Murray! This is a great way to begin! And thanks to everyone who played any role in helping bring this settlement about.

  4. Congratulations to the whole City Council (minus Nielsen), the school board and all of the staff. They can all take part in this celebration.

    Thanks for reading and commenting.

  5. Columbus Square Mom

    Sadly, the settlement does not require TUSD to open the school for its intended purpose – – as en elementary school for the children of Columbus Square. Columbus Square homeowners are paying 100% of the school’s construction costs through Mello Roos taxes but are forced by TUSD to send their children to schools scattered across TUSD. Instead, TUSD uses the school for its continuing high school students. To add insult to injury, there is NO PLAN to change this at any specific point in the future. When asked, TUSD cannot and will not state on what date the school will open.

    • You only have the economy to blame for Heritage not opening as an elementary school. And, not to sound harsh but, it was a chance the home buyers took when they bought the first lots at MCAS Tustin. Unlike Boss Tweed Amante’s contention, there was no collusion by the school district to move the admin and continuation schools down there. It was, however, a good use of the property until it is feasible for the elementary school to open. With the upswing in the economy and the activity begun by the city as the master developer, the school will eventually open.

  6. Columbus Square Mom

    Actually, I can blame TUSD. TUSD passed a Mello Roos authorization resolution stating that Heritage was necessary for development at Columbus Square – – not the entire Base. Moreover, according to TUSD, it still plans to build a second K-8 on the base for the rest of the development. If Heritage really is an elementary school for the entire Base (which appears to be its current position), perhaps they should let the City know they don’t need that other land designated for a K-8…….

  7. Heritage was built to house 600 students and requires at least 375 to open. Looking at the plan map for the base, it doesn’t look like Columbus Square would be able to sport those numbers alone. I know they are planning a high school on base property but had bit heard of a second elementary school. Where is it supposed to be built?

  8. TUSD initially filed the lawsuit stating the reason was surrounding elementary schools are overcrowded and Heritage was necessary to relieve that overcrowding. Heritage doesn’t need 300 “new” students to open, just 300 students, which is easily met by the surrounding overcrowded schools.

    • Columbus Square Mom

      Good point.

      Also, the 300 threshhold could easily be exceeded by offering a magnet program at Heritage in addition to a traditional elementary school program. The “school within a school” concept. Tustin Memorial Acedemy rejected over 100 families last year. I bet they would love to send their kids to a similar program at Heritage.

  9. Columbus Square Mom

    Why would the District state that the elementary school was necessary for Columbus Square when it knew that it wasn’t? I have been told that they knew they didn’t want to lose “free land” (of course, it isn’t free if you live in Columbus Square – – it sure shows up on MY tax bill). Heritage is a real estate investment for TUSD. Nice use of taxpayer funds.

    Check out for the map showing all three school locations. So far as I know, that has not changed.

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