Category Archives: Tustin Police Department

Police Seek Victims In Misconduct Case

Police are seeking the public’s help in identifying possible victims of sex crimes committed by an individual at a local retail store in the District.

PRESS RELEASE

 

FOR IMMEDIATE RELEASE                                                      Contact:                                            

April 2, 2013                                                                                      Lt. Paul Garaven

                                                                                                            (714) 889-8681 – Cell

(714) 573-3282 – Office

pgaraven@tustinca.org  

On Friday, March 22, 2013, Officers responded to the TJ Maxx store, 2817 Park Ave, Tustin, CA, reference a suspect photographing and video recording up the skirts of female customers in the store.  One victim indicated the suspect approached her while shopping, maneuvered himself to a position where the victim’s movement was blocked between a store pillar and the suspect.  The victim felt confined and the suspect used his phone to record up her skirt. The victim was able to get away and called Tustin PD.

Tustin Police arrested Brian Joseph Eastman.  Eastman is a 25 year old resident of Irvine and currently works in Santa Ana. During the initial investigation, officers located several secretly recorded videos and digital photographs of several unidentified women at various locations.  The locations appear to be retail stores and residential locations.

The video evidence we have contains footage of the unidentified victim’s faces as well as the indecent footage.  We are not releasing this footage at this time.

The Tustin Police Department is seeking media and community assistance in locating anyone who feels they may be one of Eastman’s unidentified victims or anyone who may have seen Eastman at any businesses throughout Orange County.

Anyone with information should contact Detective Natalie Nguyen at (714) 573-3253.

Suspect 1

On The City Council Agenda, March 5, 2013

political junkets

My apologies for not staying up to date for the past week. I am still recovering from inuries sustained in a traffic accident. The plastic surgeon did a great job (I look just like Sean Connery) and I have the firefighters at Station 21 as well as the accident investigators and motor officers of Tustin PD to thank for their timely response. As I am on the mend, I’ll get back into the swing of things.

The Tustin City Council faces their longest and probably busiest agenda of the year so far. Let’s just hope the Podiatrist Councilman can keep up without an iPad.

Rather than the usual closed session preceding the regular meeting, the council will hold a special meeting at 4:30 pm to interview candidates for three open seats on the Planning Commission. Election and appointments will also be conducted.

I just spoke with the city clerks office who informed me that 18 candidates have filed for the three open seats. All the commissioners whose seats are up have filed for reappointment. In order to allow enough time for interviews, the city pushed back the interviews for the other commissions to late in March. Let’s hope 2 hours is enough time.

Although the incumbents are heavily favored in this match, the city council could decide to bring in fresh faces that are not aligned with the old guard. It is the current commission sans Chuck Puckett which, amidst local opposition, approved a heavily modified CUP for the Wilcox Manor. That modified CUP was appealed directly to the city council where a number of councilmen have admitted conflict of interest. This lack of the planning commission to handle their own issues is, to our mind, an excellent reason to choose new blood.

The Regular Meeting of the Tustin City Council will commence at 7:00 pm beginning with presentations and pubic hearings.

The Public Hearing concerns the annual evaluation and acceptance of the Action Plan for the Community Development Block Grant prepared by staff. At stake is $590,000 in funding. No action is expected on the item other than to hear testimony from interested parties.

A major issue sure to come up is the us of the Tustin Community Foundation as the manager of the CDBG funds. Erin Nielsen, director of the Tustin Community Foundation, is the wife of Councilmember John Nielsen. Nielsen earlier this year recused himself from discussion on the Wilcox Manor CUP referencing his relationship to TCF and their fundraising activities at the Wilcox. Erin Nielsen, for her part, receives about $32,000 a year according to court documents. When we reported on this conflict last year, there were conflicting statements made by the city and the TCF concerning their exact role in the management of these funds. When we accused the parties of collusion, TCF issued a curt statement in their newsletter saying they do not “manage” the funds. That was sort of backed up by Community Development Director, Elizabeth Binsack, who said the purpose of having two hearings was to give those who did not qualify the first time around, another chance for a slice of the pie. As we stated then, however, we found it hard to believe the TCF wasn’t in fact, the manager of the funds.

Add to this a whole slew of conflicts of interest. While the relationship of the Nielsen’s is enough, Mayor pro tem, Chuck Puckett, is a past president of the TCF Board. And, Planning Commissioner Steve Kozak, who has applied for re-appointment to the commission, is a current member of the board. Who else? How about Linburgh McPherson, co-owner of the Wilcox who is currently listed as their Vice-president, Resource Development, a catchy title for the chief fundraiser.

In any case, if the city council really wants to show they no longer favor the TCF arrangement (and, why should they since our two protagonists are reportedly divorcing) they could return to the previous process of having a Citizens Participation Committee to handle administration of the funds. The council may well take a different direction considering the staff report makes no mention of TCF.

Although councilmembers may wish to pull items from the Consent Calendar, most items appear to be routine or, at the least, have funding attached. The synchronization of signals on First Street/Bolsa Avenue is a multi-jurisdictional project requiring funding from all participants. Tustin’s part is $42,000 and, if it helps traffic flow, is well worth it.

Perhaps Mayor Al Murray will pull Item 9, an agreement to transfer ownership of Ari, one of Tustin’s police canines if only to give him proper recognition for his retirement. He has served the TPD for over 6 years and I am sure his service will be missed. His current handler, Officer Eric Kent, will take possession and provide him a great home with, what we hear, a couple of other family dogs. Good luck in retirement, Ari. TPD’s newest canine, Elko, will have big shoes….uh, paws to fill.

We are not sure if the Community Development Department is trying to pull (another) fast one with Item 10. They bring up some “minor” changes to the guidelines for hearing officers for administrative citations. We approach this with natural suspicion since things have gone mostly south for Binsack and her crew after the Fairbanks prevailed in their property rights case. And, it is always suspicious when staff are unwilling to show you the draft. So, why even bring the issue up? There is little doubt the city wishes to stack the deck in their favor for future administrative hearings. Keep your eyes peeled for this one.

Item 11, on the Regular Business Agenda, a request for travel by the Podiatrist Councilman, bears discussion. The Association of California Cities-Orange County, a renegade association created by local entities for what they saw as a lack of interest in Orange County’s problems by a larger state organization, is sending a joint delegation with the Orange County Business Council (who donated to Bernstein and his two councilmen buddies) on a political junket to Sacramento. We would have an issue with this type of travel anytime the city is facing budget shortfalls as it currently is. But, as luck would have it, Mayor Al Murray is also attending on OCTA’s dime, making this an absolutely unnecessary for crony Bernstein on the Tustin taxpayer dollar. Why do we need two delegates attending this junket? Or, as it is a joint endeavor by ACCOC and OCBC, why isn’t OCBC, who will surely benefit the most from the meeting, footing the bill? All of this when the city council delves into reserves to balance the budget. We got rid of city council pay but other perks still remain. I bet you they won’t be staying at the Best Western or eating at McDonalds.

Item 12 should be of particular interest to folks living or thinking of living in the Legacy. This item, without apparent need of approval from residents, creates another Community Facilities District to levy more taxes on homeowners who choose to buy in the area. Mello-Roos has been the favored method of obtaining funding for infrastructure for the MCAS property and has been the subject of much argument as to whether folks are getting their money’s worth for taxes paid.

As we said before the Closed session, with the usual suspects, will come after the Regular Session to facilitate the Planning Commission interviews. The main item of interest is the commencement of labor negotiations for all line staff and public safety employee unions.

Public Hearing Items

Community Development Block Grant Subrecipients Performance Evaluation and Potential Reallocation of Funds

Consent Calendar

Approve Plans and Specifications re: Roadway and Sidewalk Repair – The annual plan for the repair of roads and sidewalks within city limits. Authorizes City Clerk to advertise for bids.

Approve First Street/Bolsa Avenue Sginal Synchronization – Authorizes agreement with OCTA and several cities plus expenditure of $42,000 for Tustin’s share of project.

Agreement to Transfer Ownership of Police Canine Ari – Caretaker Officer to pay the city $1 for transfer.

Request for Travel Approval – To allow Councilmember Bernstein funding for travel to Sacramento for ACCOC/OCBC joint junket.

Approve Creation of Community Facilities District 13-01 – Authorizes city manager to petition for creation of CFD on parts of Tustin Legacy property.

Second Reading and Adoption of Ordinance No. 1426 – Approves Specific Plan Amendment 2012-002 re minor text amendments of the MCAS Tustin Specific Plan.

Closed Session

Conference with Legal Counsel – two each, initiation and exposure to litigation.

Labor Negotiations – TMEA, TPMA, TPOA, TPSSA and unrepresented employees.

Better Late Than Never

click for biographyThe norm is, I don’t usually make it to the Tustin City Council meetings on a regular basis. Fortunately, the city is kind enough to videotape and publish the meetings on the city website. I can watch them when it is convenient and I don’t even have to dress up for the occasion. The best part is, the city links the agenda to the video so one only has to watch what they want. In recent weeks, there hasn’t been much to watch other than the changing of the guard and some minor issues we have reported on. I wasn’t even going to watch the latest meeting except something told me it would be entertaining. It was, if you think watching a podiatrist read his notes verbatim is entertaining.

Nonetheless, when Mayor Al Murray congratulated Chief of Police, Scott Jordan, for his election to the Orange County Chiefs of Police and Sheriffs Association, I thought I would email the chief with a congratulatory message. As you know, Our Town Tustin likes the chief and think he does an outstanding job leading a professional department that we can all be proud of. So, I was surprised to find out Jordan was actually elected on May 1, 2012, and is in midterm.

From his email:

I became President of the Orange County Chiefs’ of Police and Sheriff’s Association on May 1, 2012, and my term runs through April 30, 2013.  So far, it has been a challenging year.  As you know, we are experiencing the perfect storm – fewer personnel, due to both the recession and the elimination of redevelopment agencies, and increasing crime and calls for service.  This perfect storm is certainly complicated by AB 109, prisoner realignment.  Now, with the recent passage of Prop 36, we can anticipate the release of even more career criminals.  I am sure the release of prisoners / repeat offenders into our society has at least some impact on the increasing crime, even though I can’t specifically say how much.

Under the Chief’s leadership, the Association has amended their protocol for handling the mentally ill and continue to support police officer training on handling the mentally ill. “In fact, Tustin is sponsoring training for police officers on handling the mentally ill in the first part of 2013″, said Jordan. He went on to say his department supports the Orange County Fire Authority active shooter protocol that defines first responder roles and responsibilities. That’s good news in the wake of Sandy Hook and other recent tragedies.

None of this is surprising, of course. Several months ago, I was meeting with the IT guru from Tustin Unified School District over Measure S. We met at Peet’s Coffee on Newport, as I like to support our local businesses. During the meeting, I noticed a homeless man sitting nearby. He was in a bit of distress and, although he was exhibiting signs of mental illness, he was not really bothering anyone.

Apparently, someone from the store called the cops to complain. When the officer arrived, I observed him approach and speak quietly to the man. The officer, whom I later found out was Officer Manny Arzate, later came up to my table and told me they received a call saying the man had exposed himself to patrons. I told him I had been there for awhile and had seen nothing of the sort. He thanked me and, with another officer who arrived on the scene, spoke again with the man in a quiet, respectful manner that we would all expect when members of the police department are speaking to us. They encouraged him to leave and then left the area. It was obvious they were trained in dealing with the mentally ill from how they handled the situation.

None of this should surprise you. It’s good to know, however, that our department is highly trained and that they care about our community.

It is also good to know that our own chief of police is leading the way in Orange County Law Enforcement as they deal with new and challenging issues this coming year. AB109, the law that realigned prison programs to allow the release of dangerous criminals, will now, according to Jordan, be compounded by Prop 36, which has changed the aspect of the Three Strikes Law significantly. We do not necessarily share Jordan’s dire prediction on Prop 36 but we appreciate his concern and the fact he takes his job seriously.

Our Top Stories of the Year

Gnome-More-JerryHow quickly time flies. Our Town Tustin has been blogging for about a year and a half and the past year has kept us busy in our little corner of the county. Here are some of the top issues we have covered in 2012:

“Team Tustin’s” Hate-Filled Campaign – In what was probably the most contentious election to mark our city in year, the Republican led “Team Tustin” showed they could stoop as low as necessary to achieve their ends. Eight hit piece mailers went out against Tracy Worley and David Waldram nearly all of which were funded by a mysterious entity calling itself Tustin Residents United. Funny thing is, not one dime of money came from any resident of Tustin. Yet, thousands of dollars funneled in from the Orange County Business Council’s BIZPAC and other similar committees, all of whom had indirect ties to Nielsen and his team. While Nielsen, Puckett and the Podiatrist Councilman looked like the see-no-evil-hear-no-evil-speak-no-evil monkeys, Worley & Waldram held their heads high during a clean campaign.

Jerry Amante’s Use and Abuse of Power – Go ahead, believe our city fathers are not corrupt. If you do, I have a bridge to sell you. Early in the year, the

Courtesy of Pepperdine.edu

Courtesy of Pepperdine.edu

Orange County Grand Jury issued a report accusing then mayor Jerry Amante and another councilman of attempting to coerce Brandman University officials into squelching a report critical of city manager compensation. The Grand Jury rightfull found the two were attempting, for their own gain, to get Chapman University President, Jim Doti, to pull the report before it could get out. Doti, acting the part, was simply aghast at the report (…here are your winnings, sir…). The city subsequently answered the charges with the usual, we didn’t do nothing wrong, it’s free speech. Selective use of rights, to say the least.

TUSD vs. The City of Tustin vs. TUSD – It is sad the city and the school district have, together, wasted well over $2 million dollars on lawsuits which have clearly become the hallmark of Jerry and John’s tenure on the city council. What originally amounted to a personality conflict, exploded into multi-million dollar multiple lawsuits against each other over control of construction. The highlight, of course, was when the city, under Jerry’s direction, sued the school district for having the nerve to transfer another school and administrative offices to a new school on the MCAS property. Armed with some of the lamest arguments heard by first year law students, the city was laughed out of a Riverside court and told not to darken their halls again. The other shoe drops first thing in 2013 and I am taking bets on the outcome.

courtesy of srbranson.edublogs.org/>/i>

courtesy of srbranson.edublogs.org/>/i>

John Nielsen’s Unracism – In “Dear John”, we exposed the bigotry (among other things) of then mayor John Nielsen. In an attack on the First Amendment as well as the city schools, Nielsen attempted to defend his decision to allow a court document claiming Tustin schools were overcrowded and minority-ridden. Claiming he was a pillar of the community, he extolled his virtues all the while, filing for divorce and using the legal system to swat at TUSD officials. Oh yes, and the divorce appears to be proceeding nicely with new recent filings.

Cell Towers in Cedar Grove – The City Council didn’t seem to be able to get this lawsuit thing right. First, they continue to chase windmills with the lawsuits against the school district. Then, when they actually had a chance to stand up for the citizens of our community, they folded like a deck of Vegas cards. The cellular towers in Cedar Grove were one of the most high profile issues of the city and the city council, led by Jerry and his Kids, refused (or were in cahoots with) to fight T-Mobile over the installation. There was no effort, no transparency and no noteworthy action on the  city council’s part as they acceded tot he demands of Jerry’s business partners.

North Tustin 1, Catholics 0 – Unlike the Tustin City Council, the folks in North Tustin were more than willing to fight for what they believe in. When the Diocese of Orange, led by Bishop Tod Brown, banded together with the County to try and slip in a zoning change, the Foothills Community Association rallied the troops and sued them to stop the rezoning of diocese owned land that would allow them to build a senior living center on property originally zoned for a church. The city could learn a thing or two from these folks. Now, if they can stave off annexation.

Fairbanks vs. Hizzoner – In another embarrassing fiasco for the city, Jerry Amante and his mouthpiece, Elizabeth Binsack, were finally defeated once and for all in their attempt to prevent a jim_ho_nicholsonhomeowner from exercising his property rights. By abusing their power and the appeals process, Amante proved, once again, who calls the shots. Too bad it cost $83 thousand dollars to make his point. Then he lost anyway.

The Demise of Redevelopment – Seeing Through the Magic of Redevelopment as it related to the MCAS property was pretty signficant. Backed by the California Supreme Court, Governor Jerry Brown dealt a double death blow to the worst kind of corporate welfare imaginable. We pointed out that everyone was in on this deal with Democrats handing this gift over to Republicans years ago. Now, the other shoe drops as the state is demanding $263 million dollars from Orange County and its cities. Tustin has already coughed up $7.5 million but the state wants more.

Dear Assemblyman Donnelly – One could call this the biggest goof of the year. Jeff Donnelly, Assemblyman for the 59th  District, appeared to have a problem with guns and telling the truth. When he was caught in possession of a firearm while attempting to board an aircraft bound for Sacramento at Ontario Airport, he was detained by the police and TSA. His lame excuse was that he had received death threats and forgot the gun was in his bag. OK, except for the fact the gun was only partially loaded and sitting in a carry-on bag, the guy didn’t even have a concealed carry permit from what is arguably one of the easiest counties to obtain one. The Brady Bunch certainly did not have anything on this clown.

Silent Bob and Darth VaderLindburgh and Silent Mike Strike Back – Community Development Director, Elizabeth Binsack, can’t do enough to for Old Town Tustin. In fact, it is a toss up whether it was Binsack or Amante that actually wanted to slap down the Fairbanks family over the apartments located on their historic property. I imagine it was a free for all when she colluded with nearly the entire city council over allowing the owners of the Wilcox Manor to open an events venue at their residence. Armed with pretty stickers and hauling people in from around the county (very few from Tustin itself), Lindburgh McPherson and “Silent Mike” Demoratz sought a CUP by subterfuge and chicanery. When they were called out on the apparent fib they told about their parking arrangements, they sought to turn the tables on their Facebook page by saying their detractors turned everyone against them. They didn’t seem to get it through their heads that no one in Old Town wants a three ring circus at the end of their cul-de-sac.

Next year is already beginning to shape up as the new Tustin City Council opens the first meeting with a how-to on city affairs. As much as we hated Jerry Amante, he could at least keep us entertained with his self-serving diatribes and rants against Deborah Gavello. Now that they are both gone, we can only hope Mayor Al Murray and the Podiatrist Councilman will be able to look up at the audience as they read from their scripts in the coming year. I hope they have good editors.

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