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.
We just got a tweet from the Tustin PIO that an emergency closed session of the City Council has been called for this evening at 5:30 PM. The topic of discussion appears to be the original lawsuit between the City and TUSD. A few weeks ago, the City sent an open offer of settlement to TUSD which their PIO told me was likely to be refused. That offer included resolution of both lawsuits, including Heritage Elementary School. It now looks like there may be a counter-offer on the table for the grading permit issue.
In any case, we’ll keep our ear to the door and let you know as soon as we find out anything.