With 25 meetings, including those very special meetings where the public was not invited, the Tustin City Council is on the verge of calling it a wrap. I was about to bet my readers they would not hold a final meeting on December 18th but history shows this is the meeting they slap each other on the back for a job well done and pick each other (or mostly so) for mayor and mayor pro tem.
In the meantime, this week’s agenda starts off with the usual Closed Session Items. We notice that they have not apparently made much progress on any of these, particularly the issue with the Army Reserve Center swap that was a feature item in Regular Business exactly one year ago. At that time, the Army made it clear they were not interested in a swap and were quite happy with what they had. I guess everyone has their price. The city just hasn’t hit theirs yet.
Regular Business will start off with The American Legion Post 227 posting the colors. Their Color Guard, by the way, has won awards at The American Legion State Conventions in the past.
Under Public Hearing Items, the city will have the second reading and adoption of State Buildling Codes, a procedure that is mostly formality. As the city was having problems (again) with posting the video of the last meeting, I’m not sure if anyone even bothered to show up for this. In any case, staffers recommend passage.
The second item, is a routine funding for COPS. $100,000 is slated to be received by the department. No real changes to how the department intends to use the money for a Crime Analyst position and related software. Except for complaints by former councilmembers, most of us think the police department does a pretty good job of allocating resources where they are most needed.
Under Regular Business, the council will be asked to approve an amendment to the classification and compensation plans to award the Director of Finance, Pamela Arends-King, a whopping $8,000 raise for essentially doing what she has always done, manage the finances of the city. The staff are correct in their report that it will save the city money. But, considering the Finance Director was already probably checking the previous Treasurer’s work, did she really rate a raise, particularly when every other line staff took it in the short end during contract negotiations?
After the fiasco caused by the city’s use of a shady collection agency to catch business license scofflaws, the staff have come up with a proposed ordinance to exempt real estate agents from obtaining business licenses. The recommendation is to pass the ordinance on a single reading and be done with it. I guess they are hoping to sweep the whole issue under the rug.
The final issue at hand for our busy city council is to select the new mayor and mayor pro tem for the coming year. As usual, I have no doubt this years selections have been made and they do not include the sole female on the dais. That’s a shame because, out of all of the bodies on the city council, Beckie Gomez has proven to be the most level headed among the crew. But, intelligence and experience have no bearing here. The most likely candidate for Mayor is, of course, Chuck Puckett. Chuck has the experience although we suspect he will be about as effective as the current mayor in conducting city business to the betterment of our residents. At least Chuck returns our phone calls.
What we really have to worry about is that they will make the Podiatrist Councilman the
Podiatrist Mayor pro tem. That would leave him as heir-apparent next year. That is a scary thought…
In news from the Republic of Orange County, we found the not so surprising tidbit that OCTA has voted to refinance the 91 Express Lanes Bonds. The 91 toll roads, supposedly an award-winning design, has been a money losing operation from the beginning. Originally a private enterprise wherein mostly foreign investors bilked the state out of real estate on the center divider of the 91 freeway to build a business, that business turned out -as predicted by many- to be a deep hole to sink taxpayer money into. And, sink it they did.
When California Private Transportation Company developed the toll road complex, they quietly transferred ownership back to the State of California who then leased it back to CPTC (confused yet?). CPTC then continued to operate the toll road on a for-profit basis, presumably for the next 35 years.
In 2003, when CPTC couldn’t make a dime off the venture, they wisely conned the Orange County Transportation Authority to take it off their hands for a cool $207.5 million in cash and tokens (OK, I’m kidding about the tokens – everyone knows the toll road uses FastTrak).
The toll roads use “congestion pricing” to set toll prices for any given hour – except it’s not, really. True congestion pricing would require real-time input on congestion to determine pricing. That wouldn’t work for the toll road, which the developers (and OCTA) knew would display a grossly underused road at any hour of the day. Instead, they use a predictive model to determine the most heavily congested hours and adjust every so often for changes. That, of course, is not exactly transparency in government. But, then, one only has to look at the Toll Road website for the inside information. Oh, wait, that paints a rosy picture that just isn’t true.
And staff at OCTA know it.
In May of this year, a staff report titled, “91 Express Lanes Debt Restructuring” was sent to the OCTA Board, of which our own Al Murray and Todd Spitzer belong. That report, which you can read here, outlines deep trouble with the debt structure of the toll roads and the immediate need to refinance both the 2003 and current bonds for the Toll Roads. Recommendation by staff, of course, is to refinance.
Now, what I know about bonds and debt restructuring could be put on a pinhead. But, I do know how to read bond ratings (thanks, brother John) and can tell you that, when your bonds go from an original Aaa/AAA/AAA rating to A1/A/A-, you are in deep doody. This is akin to your going from an 800 credit score to a 400 credit score only, while your interest rate goes up to buy that house, the interest rate goes down on the bonds and they become difficult to sell-unless you offer artificially attractive interest. Oh, but there are laws against that sort of thing, aren’t there? Well, according to Spitzer, who sits on the OCTA Finance Committee, the rates went from 2.75% to 2.65% practically overnight. Spitzer, who in his latest newsletter to constituents is trying to paint a portrait of a rose from a picture of a sow, is clearly losing the battle on the Toll Road.
Al Murray, by the way, is of the same mind as his predecessor Jerry “Boss Tweed” Amante was, that we should turn the carpool lanes on the San Diego Freeway (there, I said it) into toll roads as well. All this while not one toll road in the county can meet its ridership or its financial goals. Another Tustin Councilmember, Chuck Puckett, is a member of the Foothill/Eastern Transportation Corridor Agency and, although we haven’t checked, we are betting he is in favor (like Amante was) of the Foothill Extension that would wreak havoc on the Trestles area.
Peas in a pod.
What we can’t figure out is why the Republicans in this county continue to chase after the toll roads, a proven money loser for government and a bane to the public. If you have ever ridden any of the county’s toll roads, you know that -at any time of the day- they are grossly underused. None of the toll roads have been able to reach their lofty projections. Their answer to low ridership? Raise tolls, making the roads even more expensive and out of reach for the everyday commuter. The 91 Toll Roads show the best ridership of any in Orange County. But, they are still vastly underused. An old non-compete agreement threatened a widening project at one time. When the issue was settled, mostly due to the sale to OCTA, ridership fell when the widening was completed. Will connecting the 91 and the 241 Toll Roads help matters? Possibly. But, are we, as taxpayers, willing to fund another possible boondoggle to find out?
We, as taxpayers, are stuck with the existing toll road boondoggle foisted upon us by a so-called conservative leadership shouting the privatization mantra. But, time and time again, we’ve seen that privatization of government enterprises creates substandard product amidst the cronyism and backroom deals. Toll roads are not the answer and it is time to tell our elected officials to get off the same broken record. We may be stuck with what we have. It doesn’t mean we should continue to propagate the species.
Not much to report on for this coming week as the Planning Commission has cancelled another meeting, presumably for lack of business. That doesn’t mean there isn’t quite a bit happening around our town Tustin.
At the same meeting where the city council sold out the residents of Old Town to repay local campaign contributors (more on that later), Chief Scott Jordan was honored by a plethora of bigwigs. The list included Senator Mimi Walters, OC Supervisor Todd Spitzer, neither of whom could bother to show up personally, The OC Chiefs of Police, the Joint Powers Agency and the Orange County Fire Authority. All in all, the chief endured nearly a half hour of kudos and probably needed a small trailer to carry home the plaques and certificates. Good luck, Chief Jordan. And, thanks for sticking with this bunch of yokels as long as you did.
And, even though Lisa Woolery is no longer PIO, I guess we are still on the black list as we did not receive the press release from the city naming Captain Charles Celano as interim police chief. Based on his longevity with the city and his apparent credentials, I would say he would be an excellent candidate for our new chief. Perhaps our resident expert, Al Murray, can have coffee with him (as I’m sure he has) and discuss it. Congratulations, Chief Celano. You have big shoes to fill but I don’t think the council erred on this one.
Clown College Comes to Order
It didn’t take long for clowns on the city council to show their bias toward the Wilcox Manor CUP application. Practically before Mayor Murray announced the public hearing, Councilman John Nielsen was running for the door, recusing himself from the proceedings. A recommendation to the city council: not everyone who watches the meetings knows what is going on. You might want to take the time to explain a bit before rushing off the dais. Assuming everyone knows your dirty secrets just makes them curious. Of course, if they want the dirt, they can come here.
So, now the presentation could proceed… except that, Murray had given special dispensation to one speaker to speak first due to another engagement. It just so happened the speaker was a representative of a church from outside the city that wanted to recommend approval of the CUP. One has to wonder if Murray would have given the same consideration to say, Chad Ortlieb, had he needed to tend to outside business. One thing for sure, it was evidence of how the rest of the evening would go.
One thing Ms. Hahn mentioned was the fact the Wilcox Manor hosted a seminar for the Irvine church she belongs to. Would anyone else consider that running a business venture that neither Lindburgh or Michael have a business license for?
So, after Ms. Hahn from the outsider church speaks, Murray goes over the “rules” about speaking and decorum, making sure to threaten anyone who violates the rules with being escorted out. It was his comment about how “One of the things we all pride ourselves in is carrying ourselves in a professional manner”, that had me laughing out loud. Well, I will agree that, since Boss Tweed Amante’s departure, the council has been nicer to each other. But, if they are, it’s only because they don’t have Deborah to pick on and they are all scared of Beckie. As far as nice? Well, there is that little issue of the unethical antics of the city council at large to consider.
Now, you know just how important this issue is because Community Development Director, Elizabeth Binsack, did not (for once) delegate the presentation to one of her underlings. Instead, she proceeded to run a dog and pony show with her minion, Scott Reetskin, to give a glowing report, complete with justification, of just why the boys should grant the CUP.
Now, I’ll admit, I did not watch the entire presentation. I’ve seen enough of these to know, they will use any justification, no matter how distantly connected, to justify their position. However, one item did catch my eye on the fast forward. That was the section about the Pasadena Tournament House, a place I am intimately familiar with. Now, I am not sure how they thought this classic location could be tied to a justification to grant a CUP to the Wilcox Manor. After all, the Tournament House is owned by the city of Pasadena, as Scott pointed out; the Wilcox Manor is privately owned. Proceeds from the use of the Tournament House go to the city; proceeds from the Wilcox Manor events would go into the pockets of the owners. Did I mention that could be in the neighborhood of $20,000 per event?
The voice of reason on the city council, Councilperson Beckie Gomez, raised several concerns during the council discussion portion of the hearing. She hammered the issue regarding the parking as, true to form, the Wilcox boys were attempting to get out of the use of the shuttle in all cases. She also pointed out issues regarding the trash, noise and stated what we all knew – that, even though there are laws against these things, how would they be enforced?
Gomez took the time to thank the public for their interest in the matter and writing thoughtful letters. And, though she chided some of the writers for getting personal, she let everyone know she took the time to read them. Well, Beckie, it is a personal issue when your neighbors want to make money by invading your personal peace and quiet. So, how can you blame them?
I’m not going to bother recapping anything the Clown councilmembers said because they were all hovering over their “yes” button as they couldn’t wait to vote in favor of their favorite campaign contributors. It was clear they didn’t care about the neighborhood or the folks this travesty would affect. And, it was clear they didn’t care how this would affect the character of Old Town Tustin.
As for the applicants? In his closing remarks, Lindburgh McPherson began by discounting the detractors and stating, “I feel we have created a legacy here that will go on for a long time.” Great. Of course he didn’t state the obvious that would have sounded like, “I feel we are going to make a ton of money (upwards of $400,000 a year) at the expense of our neighbors’ peace and well-being. And, as Councilmember Gomez pointed out, there is nothing that requires them to put any of that back into further restoration of the property.
Lindburgh also stated, emphatically, that all but one of the neighbors on Pasadena Avenue, “within walking distance” of the Wilcox Manor, were in favor of the CUP. Again, he did not mention that the letters of support from nearly all of those folks were form letters that he and Michael handed out and asked folks to sign. So, the question remains, did they understand what they were signing?
Oh well, after more than two hours of public discussion on the matter, the city council voted in predictable fashion, 3-1 -with Councilmember Gomez dissenting- in favor of granting the CUP. So, the fat lady sings.
Or does she?
Remember, there were two letters of opposition from attorneys in the crowd. And, even though another lawyer who supported the CUP said they didn’t know what they were talking about (don’t lawyers always think they are the smartest guys in the room?), it has been my experience that whenever lawyers get involved, a lawsuit is soon to follow. So now, not only does the city council have to live with their biased decision, they may soon be spending your taxpayer money to defend it.
In the meantime, life in Old Town will go on. I am sure the paranoid Lindburgh is already seeing the “opposition” behind trees and underneath legally parked cars, just waiting for errant wedding guests to litter while flipping off a neighbor. Opponents, in the meantime, may be gearing up for a lawsuit. There are some other questions that have risen recently that may not make this a cut-and-dried situation. We’ll keep you posted.
Oh, and Lindburgh and Michael were so quick to address their proponents when seeking support on their Facebook page. I noticed that, as of Monday, they had not taken the time to thank anyone, least of all the pandering city council that voted in their favor. Oh well, I’m sure the next campaign fundraiser is on them.
Although we haven’t been receiving press releases from the city for some time (we’ve put in a new request), we do occasionally hit their website and troll for information we can bring you. Our latest foraging attempt netted us a press release announcing the re-opening of the Cedar Grove playground. Yes, this is the infamous park the Tustin City Council failed to protect from predators, but that is another story.
Those folks that live in area have known, for some time, the playground needed a facelift. Fortunately, this is one area where our city (read Elizabeth Binsack’s staff) really outshines themselves. Although they don’t design the playgrounds, they do approve the submitted plans and then hold the contractors to the fire to produce what is expected.
In this case, according to the press release, the net result is:
- A 2-5 year old play area with nature themed design including gigantic snake and frog play elements, climbing rocks and logs, and a shade sail
- Two climbing boulders connected by a two-rope bridge
- A 5-12 year old Nexus Playsystem which combines unique playground elements with physically challenging fitness components
- Greenfield Outdoor Fitness Equipment (7 pieces)
- Combination of wood fiber and rubber play surfacing
- ADA entry ramp
A small ceremony was held on Monday afternoon to dedicate the playground. Mayor Murray presided along with councilmembers and other involved in the design and construction. I am told a good time was had by all.
Tustin is fortunate to have great parks, sometimes a rarity in the older cities of Orange County. The Public Works Department works hard to keep them clean and in good repair and cost of shelter and facility rentals are reasonable when compared to surrounding cities. And, I don’t mind giving credit where credit is due.
If you get a chance, go by and take a look at the new equipment. While you are at it, swing by Peppertree Park, where the latest Broadway in the Park just concluded their engagement and check out the equipment there. Oh Yeah, take the kids. They are the real experts on playground equipment.