Category Archives: Tustin City Commissions

Shell Games?

Legacy-shell-gameNews flash for Austin Lumbard: Austin, you’re no Jeff Thompson.

Lumbard was under the vague impression he could possibly be mistaken for Chairman Jeff Thompson, who was absent, and wanted to clear that up before the meeting adjourned. Let’s see how well that works for him when he runs for city council.

Last week’s meeting of the Tustin Planning Commission was not long but it answered a couple of key questions regarding plans for schools on the old MCAS base property – sort of. I suspected Item 2, regarding a General Plan Conformity Determination for school property, was merely a shell game for the moving around of acquired school property. And, I was right.

Item 2, General Plan ConformityDetermination for the Disposition and Acquisition of School Site at Tustin Legacy, et al, asked the planning commission to validate the intentions of TUSD in dumping a 10 acre site previously marked as another elementary school in favor of building a 40 acre 6-12 super magnet school that would miraculously meet the needs of Legacy kids.

The presentation cleared up a few things in the staff report when questions were asked about whether the district offices that were previously moved down to the former Heritage Elementary School site would be moved to the 40 acre site. Sad to say, the TUSD representative said the offices that would be moved were the district offices in Old Town Tustin and the offices at Heritage would remain.

In addition, the timeline is pretty vague with the 6-8 magnet school being built by 2019 and the 9-12 school being built in 2020. No other timelines were offered and the school district will only say that the administration, warehouse and alternative education projects included in the concept will be built if funds are “available” (read, “if we can con the public into floating another useless school bond”).

A couple of residents in the area voiced concern and questions that were artfully dodged by the TUSD representative who basically said the schools that kids use now are the ones designated for use in the future until new agreements are made. So, really, nothing changes until it changes.

Overall, the procedure was succinct and to the point, even if it left everyone feeling a bit vague about what happened. The only one who was really lost was Commissioner Sam Altowaiji, who can’t seem to stay on point with anything.

My irritation with Altowaiji is his obvious disconnect with the proceedings. While the rest of the commissioners and the staff are talking about zoning issues and land swaps, Altowaiji wants the school district representative to be sure to make the driveways for moms dropping off kids so they don’t interfere with traffic. He’s a bureaucrat, Sam, not an architect.

You don’t make this stuff up. You don’t have to in Our Town Tustin.

On The Planning Commission Agenda – May 12, 2015



Only one item on the Planning Commissin Agenda this week.

The Tustin Unified School District and the city have apparently come to terms in negotiations for land to be used for a intermediate-high school (whatever they call them these days). The school will be located on the southwest corner of Valencia Avenue and Tustin Ranch Road. At this time (one never knows with the school district), The Tustin Academy will be a STEM (Science, Technology, Engineering, Mathematics) school for grades 6-12.

The Tustin City Planning Commission is being asked to approve a resolution to determine the site (a) is in conformance with the Tustin General Plan; (b) the 40 acre site identified is suitable for a school and (c) that the city acknowledges TUSD’s plan to overrule the zoning applicability to a 40 acre site.

We Appreciate the Approval but We’re Gonna Sue You Anyway

It is the last part that has me a bit confused. I’m sure it will confuse a few of the commissioners as well. Look for stupefied faces on the dais Tuesday night.

In reading the staff report, it looks like the snag may be with all the “extras” the school district wants to include. Of particular note is the inclusion of new TUSD District offices and an “alternative education” facility. That usually means continuation school.

So, Hillview is already taking up space at Heritage Elementary School. Does this mean they will move that facility to the new (and dare I say more appropriate) site? That would resolve a lot of heartache the city has had with the school district over the use of Heritage. The school district has previously said they plan to open Heritage for its intended purpose in 2016. They were, however, planning to leave Hillview there as well. So now, perhaps this will resolve the complaints.

Or not.

The issue could simply be one of location and the number of schools. The school district had intended originally to open a high school on an identified 10 acre site. Other schools were planned as well. The inclusion of proposed population numbers, housing build-outs, etc., is an indicator that will change. Oh yeah, and they basically said the new magnet school will handle the entire Tustin Legacy population.

All in all, it should make for an interesting, if not lengthy, meeting for the planning commission. Even with Binsack patiently explaining things to Ryder Smith and Austin Lumbard, I think they may need a whiteboard (or the creative use of a choo-choo) to chart it all out for them. Oh, and expect an amiable lawsuit out of this as well. I know, I read the staff report (and I’m still confused).

Massage? Uh, Sure…….

massageWell, it was an interesting meeting of the Tustin Planning Commission last night. Wish I could have been there. This morning’s video was good for a laugh, anyway. Someone should tell Commissioner Ryder Smith the meeting is taped. The closeup of him chewing his cud on camera was priceless. Hope he isn’t running for councilman next year.

Well, I was wrong. I predicted a change-up of chair and pro tem. The commissioners, by obvious prior collusion, decided to keep Jeff Thompson and Austin Lumbard in their respective seats. Congratulations. Of course, Lumbard may be waiting until next year to be elevated to chair so he doesn’t have as long to embarrass himself before the city council elections.

I don’t know if the guy showing up with Lodestone Chiropractic owner Antoni Nguyen was a lawyer or not but he sure sounded like one. Denying Nguyen was running a massage parlor and stating that he had no employees, Mr. Dudeker (apologies on any misspelling) spent his time stumbling over words in an attempt to distance Nguyen from the independent contractor who blew the whistle on him in the first place. It took more than 20 minutes of questioning by Jeff Thompson (who missed his calling as an attorney) and the others to ferret out the real truth that Nguyen did lie on his application.

Probably the most compelling speaker to complain about the business activities was a 19 year old young lady who lives in the area. Saying that she and her friends had been approached numerous times by strange men who park in front of her house at all hours of the night, she asked the commissioners to do the right thing for the neighborhood and shut the business. And, they did. On a 5 to 0 vote, the commissioners upheld the staff recommendation to invalidate Nguyen’s business license.

Over the past few years, the city has been dealing more and more with massage parlor type businesses. While it can be difficult to discern legitimate businesses from sleazy parlor operations like the ones depicted on, it is important for the city to continue to crack down on them when they can. And, our city has not done enough.

I can remember only one sting operation the police department has publicized in the past couple of years. In testimony over another massage parlor license about this time last year, an undercover officer told the city council he had been involved in a sting operation with an associated business. The discussion was pretty graphic and gave an understanding of just how sleazy and dangerous the massage parlor/sex trade business can be.

Our town Tustin, unfortunately, seems to have become a haven for “day spas”. I’m not saying they all run their operation with skimpy outfitted young ladies inferring sex upon payment is an option. But, at least some of them are. The city could be doing more to squelch these types of operation while allowing legitimate spas to conduct their business without this stigma hanging over their heads. No legitimate business is going to object to occasional, unannounced visits.

Last year, the governor signed a new law re instituting the California Massage Therapy Council as the governing board to certify massage therapists. A Certified Massage Therapist is required to undergo 500 hours of training to be certified. There are fingerprinting and background checks as well.

The CMTC has had its detractors, surprisingly, cities who want to keep more local control of massage therapists and businesses in the lucrative sex trade. Instead of objecting to the state certification, however, cities should embrace the state permitting system and look to tighten controls at that level. Any profession that requires the touching of hair, skin or other body parts, should undergo uniform requirements for certification. The city council-lauded Association of California Cities-OC, led by former police officer and Tustin Councilman Al Murray, could begin with asking for more stringent training and certification requirements.

While cosmetologists and barbers are required to undergo more than a year of full-time training, certified massage therapists are only required to take 500 hours and it may be “distance learning”, a euphemism for on-line school. Even manicurists are required to attend a 400 hour school in person. The ACCOC could create a policy venue to address this.

One of the most important arguments for state licensing and certification is the eradication of the sex trade. Like it or not, massage parlors are a breeding ground for slavery. If you think Tustin is immune, think again. That undercover officer who testified at the city council last year, gave a chilling indication that businesses that support the sex slavery are alive and well in our fair city. It’s time for our city and the police department to take another serious look and eliminate this blot on our community.

In the meantime, it might serve the city council to place a moratorium on massage parlor and day spa business licenses until they can figure out how to separate the legitimate provider from the sex slaver.

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On The Planning Commission Agenda – April 14, 2015

Wisam "Sam" Altowaiji Tustin Planning Commission

Wisam “Sam” Altowaiji
Tustin Planning Commission

This week’s meeting of the Tustin Planning Commission will be decidedly shorter than two weeks ago. Hopefully, Sam Altowaiji has come off his high horse and settled down again. At the last meeting, if you recall, he was pulled up short by Commmunity Development Director Elizabeth Binsack. Sam apparently thought that, as planning commissioner, he was Elizabeth’s boss. Sorry Sam, maybe you should confer with City Manager Jeff Parker for clarification about who runs what in the city. While you’re at it, ask him about the Brown Act and serial telephone meetings.

The first thing on the plate for the new/old planning commission is to elect their respective Chair and Vice-Chair. My bet is on Austin Lumbard to take the chair. Lumbard is reportedly (mostly by his dad) running for city council next year. It only seems natural that he demonstrate his leadership ability as chair of the planning commission. Hmmm. Let’s see, the affable but clueless Ryder Smith sounds like a good candidate for pro tem. But, the commisssioners may want to keep Jeff Thompson in there as he has experience with these sorts of things. The only bad thing about Jeff is he keeps recusing himself for anything that comes within 5 miles of Old Town.

Yes, like a bad penny, the resolution on Second Residential Units keeps coming back to haunt us. Fortunately, this time, it is just to rectify a staff mistake in numbering. With any luck, Altowaiji won’t attempt to turn this into another Binsack bashing.

The only other item of note on the agenda is a Public Hearing. Item 4, Appeal of Notice of Invalid Business License, should prove interesting if the owner shows up to defend himself.

Lodestone Chiropractic practices out of an office building on Irvine Boulevard. According to the staff report, the city became alerted to an irregularity in their business license when a massage therapist came in to obtain their business license as an independent contractor for “Lodestone Therapy”. It was noted then that the chiropractic business states on their license application they did not provide massage therapy services at their business. The ommission is what prompted a revocation of his license and this appeal.

Lodestone’s owner, Antoni Nguyen, defended his application by stating that he is a duly licensed chiropractor and, according to state law, massage is listed as a normal practice for chiropractors. So, Nguyen didn’t need to state that he offers massage therapy separately on the license.


Well, I’ve been going to my chiropractor for 15 years and she also practices massage therapy. I think what the state had in mind was more in line with what she offers and how she offers it. Her massage is incidental to her chiropractic work and does not involve dressing up in skimpy outfits ala housemaid.

When the city looked into Nguyen’s business practices, they found a web ad on for “Full Body Massage”, 7 days a week from 10am to 9pm. The accompanying photos show a young lady looking back over her shoulder while wearing a skimpy top. I seriously doubt she knows swedish massage techniques. As a matter of record, she is also not a licensed chiropractor.

Now, I don’t blame Nguyen a bit for taking the position he does in his appeal. State law specifically allows licensed chiropractors to provide massage as part of their therapy for a patient. But, the state law he cites is for licensing chiropractors, not their business. The city says he failed to note the massage therapy, provided by an independent contractor, on the license. This is pretty much a no-brainer. The length of the discussion, however, will depend on how much the commission wants to hear themselves talk as well as whether Altowaiji wants to somehow work this into another diatribe against Elizabeth Binsack.

In any case, I expect our fair city to be shy one more business supplying dubious “therapeutic massage”. While there are a few spas and independent massage therapists in Tustin offering legitimate services, there are at least as many the city should go after for illicit trade. Maybe Chief Celano can get a volunteer to run a sting operation and flush out the sex trade.

We always like a good laugh and this week’s meeting should provide a few. I’ll let you know if there is anything noteworthy to report.

Oh, if you want to look at the pictures, guys, they can be found in the staff report here.


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