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Nyahh Naaah Nuh, Nah, Nah

Calvin-thumb-on-noseOK, they didn’t really thumb their noses at the Bishop Vann. But, North Tustin residents did get a bit of good news at the January 13th Orange County Board of Supervisors meeting. If you ever drive on Newport Avenue north of 17th Street, you have seen the large, empty lot, owned by the Diocese of Orange, that was earmarked for a Catholic-oriented senior living facility. In past years, my family bought live Christmas trees off this lot (now, do you remember?). We previously wrote of a victory by the Foothill Communities Association to overturn a spot-zoning attempt by the county board of supervisors. That court victory quickly turned to defeat when an appeals court reversed the decision.

Saying the face of the county had changed, it was necessary to address the concerns of senior citizens. Three justices on the 4th Appellate Court concurred and the hard work of the FCA legal team was undone. Interestingly, the county did not pursue the issue. It was the diocese’ management partner, Kisco, that sought the appeal. Of course, millions of dollars in expected income were at stake.

All of the expense and work were futile, it seems, as the OC BoS headed by soon-to-be Chairman Todd Spitzer derailed the proposed project by moving to rescind the Senior Residential Housing Zoning designation. Supported by Supervisor Shawn Nelson, the board voted 4-0 in favor of the change. The recommendation must still go before the planning commission but Supervisors made it clear they expect the recommendation to come back in favor of FCA.

I emailed Richard Nelson, spokesperson for the Foothill Communities Association, asking what the chances were the action would stand court scrutiny. He inidcated he felt it would. In any case, kudos to the North Tustin folks who saw this fight to this point. I remember seeing them protesting in front of the property as well as sending out information. Heck, before this, I didn’t even know there was an FCA.

For his part, Todd Spitzer came through for the community under his governance. We like to rag on Todd (mostly because he presents such a tempting target) but he has proven loyal, both this term and his previous years on the board, to the community and the county. Now, if he would just take a lesson from his cohort Shawn Nelson on how to be lo-pro, he’d stay off the radar of the OCW and OTT. Maybe just an occasional cigar fest at the house, Todd. Todd, by the way, was last mentioned in the OCW “Best of 2014″ as part of the Best Political Battle with his nemesis Susan “Dragon Lady” Kang-Schoreder over the ongoing fight for the district attorneys office when T-Rack leaves.

The foothills folks are also in the middle of a nasty water fight with their current provider. Unhappy with the high cost of water provided by Golden State Water,black-tap-water activist residents embarked on a campaign to change water companies.

Two years ago, FCA made a presentation to the community of a plan to change water providers from GSW, a private utility, to a public utility (looks like Irvine Ranch Water District is the favored candidate). Citing costs that have skyrocketed since 2003, it looks like GSW is proposing even higher rates in the not too distant future.

The biggest obstacle is, of course, money. Proponents are suggesting bonds to purchase GSW assets that serve the area. From the looks of things, residents aren’t too keen on something that could actually cost them in the end.

One thing that may help is the bad publicity GSW has garnered from one of their other customer communities. Folks in Gardena aren’t too happy with GSW as black, foul smelling water has been issuing from their taps and toilets. The results can be seen on this video. If that doesn’t compel them to find a solution, I don’t know what will.

So, what else are those nefarious rebels in the foothills up to? You can find out by checking out their website, maintained by Rick Nelson, at www.fcahome.org.

On The City Council Agenda – Tuesday February 3, 2015

Unless items are pulled from the Consent Calendar for discussion, Tuesday’s Tustin City Council meeting should be fairly short. Of course, short is a relative term when it comes to this council, who often discuss issues of little or no relevance just to hear themselves speak. If you doubt my words, watch the “councilmember comments” for thHidden Agenda Cliparte complete rundown of where they’ve been.

The Closed Session has the usual suspects but is also populated with a number of, what appear to be, associated claims. Stephanie Loy, Laura Hernandez, Jose Franco, Kaitlyn Kim and Jessica Ma filed claims late last year with the city.

Management Works has filed the first claim of the year. Management Works is the property manager for the Park Magnolia Apartment Homes on on Tustin Village Way off Williams Street. Gangs are prevalent in the area, so it should be interesting to see what the claims are and to see if they are actually related. I don’t usually take the time to visit the city clerk’s office but this may be worth the effort.

Most items on the Consent Calendar are routine. It is good to see the city recognizing their support of veterans by renaming the soon-to-be Tustin Legacy Park to Veterans Sports Park. This 33 acre park will encompass sports fields that include softball, football and soccer fields. There will also be a Veterans Memorial which the city is asking for help from the community on. Plans for the park can be seen here.

Item 5, Grant Application for Housing Related Parks Program, is a request to apply for another parks grant related to affordable housing. Frontier Park has already benefited from a previous grant and city staff believe there will be more money availbable this time around. Most grants like this require matching local funding. According to the staff report, this one does not.

You can expect quieter disruptions during underground street work should Item 9, Purchase of Hydro Excavator, be approved. The machine selected by the public works department would be quieter and less disruptive when having to dig underground. Of course, it all comes at a cost of nearly half a million dollars but, hey. It’s budgeted for.

The final item of the Consent Calendar and one that should certainly be discussed, would establish another “limited term” position, this time for a Principal Plan Check Engineer. Reading the brief agenda item would lead us to believe this is project specific. I wonder how many of Elizabeth Binsack’s other limited term positions she has asked for still work for the city? I’m actually surprised to see this since City Manager Jeff Parker has the apparent authority to hire anyone he wants, anytime he wants.

The sole item under Regular Business may take some time to discuss, as it should. The Mid-Year Budget Review should raise some eyebrows just for the (un)expected requests for reserve funds. Regardless of the fact we may be above reserves (Parker should be willing to tell us), it is ridiculous that reserve funds are being used mostly for items that should have been accounted for properly.

Except for comments on their reported whereabouts by the individual councilmembers, that would appear to be it for the week. We’ll let you know if they have anything interesting to say.

Uh-Oh, Is That A Boo-Boo?

long-boring-meetingsAs expected, last night’s Tustin Planning Commission meeting was lackluster to say the least. City staff did manage to stretch the meeting by presenting a comprehensive discussion during the public hearing phase of the meeting. How much does one need to know about an existing business that wants to expand its business endeavor?

Far from a shoe-in CUP, even the applicant showed up to ask questions, mostly regarding signage. During the discussion we discovered the city has an odd idea of what constitutes a window sign (black is the color of my sign). The Commissioners had no problem passing the CUP, pleased with the notion the business is staying in Tustin.

It was kind of nice to hear Community Development Department guru, Elizabeth Binsack, discuss the increase in interest in commercial filming in Tustin. Saying that people like the Old Town Tustin area because it reminds them of other places(?). Okay……., moving right along….

OC Supes Too Close To Call

We got a bit of disconcerting news in this morning’s internet read. The Liberal OC and others are reporting that Lou Correa is losing the race for Orange County Supervisor, by two votes, to Janet Nguyen protegé Andrew Do. That’s a scary thought that we would have to put up with an all Republican Board for another four years.

Fortunately, all is not lost. Although the turnout was less than 20 percent of the eligible voters in the district, there are still provisional votes to count. As well, Correa’s bill, SB29 chaptered last year, allows for late arriving vote-by-mail ballots to be counted under certain circumstances. In any case, Correa has enough money in his coffers to force a recount, as he most likely will.

It’s a Numbers Game

That brings us to our own upcoming off-year election. Senator Mimi Walters is now Congresswoman Mimi Walters, having won the seat last year. In her wake, she leaves us with a tough choice between Republicans.

Former county supervisor, John Moorlach, is breaking his former promise of years ago to run for the 37th Senate Seat. Moorlach, when he was running for Orange County Supervisor mentioned he was not a career politician as he inferred the BoS seat was his only goal. Well, this comes from a typical two-faced politician who also kept his pension intact to the last moment while cursing public employees for having the nerve to take theirs. At that, Moorlach’s pension, since his days as county treasurer, was paid for completely by the taxpayers while most public employees pay their fair share.

Moorlach likes to put on this “aw shucks” face while he speaks of ethics. Indeed, his own behavior has shown he thinks ethics are great…..for everyone else. His poor record regarding the handling of crooked and morally incompetent employees as well as his attempt to keep multi-million dollar IT contracts with his business cronies while costing the taxpayer huge sums, demonstrate his functional inability to govern.

Don Wagner, the other guy, makes no qualms about it. He is a career politician and has his sights set on the same seat. The difference between him and Moorlach is that Wagner is not ethically corrupt. Well, he is a Republican, but hey….

Wagner is also an attorney but we won’t hold that against him. Some of my best friends are attorneys (the rest are cops). He began his political career as a trustee of the South OC Community College district before winning the 70th Assembly District Seat. In that capacity, he has already served the Tustin community and has a deep understanding of legislative practices and our needs.

Wagner has been successful in getting several bills he sponsored or co-sponsored signed into law. Many of these benefit or protect folks in commercial transactions and matters of wills and trusts. No specific bills for Tustin but, he did get a bill signed slowing down traffic around horses in Orange Park Acres.

With no Democrats or Libertarians entering the race, the choice comes down to the lesser of two evils. Wagner is a true proponent of transparency in government while Moorlach’s idea of transparency is rather opaque, as can be seen by his eight (long) years on the county Board. I think the choice is clear, who should represent us in the Senate.

Of course, if Wagner wins the seat, Moorlach would have another seat to go for. There are actually three candidates – we just didn’t bother to mention the third non-viable candidate. So, the primary election takes place on March 17, less than two months from now. If no one wins 51 percent of the votes (we suspect one of them will), it will go to a final vote, with even fewer voters turning out for that, on May 19th.

Uhoh, Where’s Jerr-i-o?

If you have wondered what happened to the infamous Il Duce II, Jerry Amante, the former mayor is still hanging around. A hat tip to The Liberal OC for warningJerry Amante crown gif letting us in on Jerry’s whereabouts (like the Lib, we keep our friends close and our enemies closer – also in front of us). It seems Jerry is hosting an internet radio show called The City Square on PodBean. The show is apparently a production of the Association of California Cities-Orange County. You might remember that Amante was a key player in getting Orange County to take their ball from the bigger Associated Cities sandlot and start a league of their own.

Now, Jerry gets to tout his baby to an audience of tens of listeners who stumble across the internet address, mostly by accident. If you want a laugh, listen in to the podcast. With Jerry’s distinctive rant, you can tell when you are on the right station.

Will We Get The Caltrans Treat(ment)?

I-5 generic signBusinesses along the corridor of Interstate 5 through Tustin and Irvine beware. Meetings are being held for so-called public input for the proposed widening of the I-5 corridor through our town Tustin. The meetings are important to you for a variety of reasons.

Although the Orange County Transportation Agency is touting the project as a needed measure to relieve traffic on one of the most heavily traveled freeways in Southern California, the project is about more than just traffic.

To the south of us, cities and residents are struggling with the same issue with the widening of the I-405. Although the recent opening of the carpool flyovers between the 405, 605 and 22 freeways has helped in transitioning traffic in a safer manner, it hasn’t done much to change the overall flow which sees nearly 400,000 vehicles a day through some areas.

Three options were initially proposed for the widening of the 405. The first two involved adding lanes and carpool lanes to the existing highway. The third, touted by former councilman Jerry Amante who was the Tustin representative to OCTA at the time, was the creation of toll lanes (and the demise of carpool lanes). When the pubic outcry made it clear that toll lanes were not an option, the OCTA Board of Directors (mostly) back pedaled and settled on increasing the number of carpool and general purpose lanes, all of which would be free.

That wasn’t the end of it, however. In 2014 Caltrans, which has final say over virtually any freeway project, announced that toll roads were the only method that would improve traffic on the 405 through the county in a manner sufficient to satisfy the Feds. Members of the OCTA Board that favored toll lanes were overjoyed. Those that did not, including virtually every city along the proposed expansion, were not. OCTA, which had earlier promoted then disenfranchised themselves from toll lanes, quickly jumped back on the HOT train. At this point, OCTA fully supports the toll lane alternative which, by the way, would include the existing flyovers from the 605 and 22 freeways.

So, how does this affect the I-5 through Tustin?

Obviously, the same thing could, and probably would, happen to the I-5. For some reason, Caltrans believes that money losing, under utilized toll roads are the way to increase traffic through high impact areas. You can bet the writing is already on the sound wall for high occupancy toll (HOT) lanes. It stands to reason that, according to their logic, anything less would not serve the government public needs.

The push for HOT lanes is obvious. No matter how little income they generate, HOT lanes income goes directly to the government. In order to alleviate the concerns of the various city councils, OCTA will, no doubt, offer to share a sizeable chunk of the change generated with the affected cities. In Tustin, one only has to wave the carrot in front of a gullible city council to get their attention.

The real rub for many is the fact that we already paid for this expansion. M2 funding is supposed to pay for public highway improvements. Measure M funding paid for some of the first improvements with the Feds (read, your personal income taxes) making up the rest. The same is true for the I-405 proposed expansion as well as the I-5 proposal. During the I-405 discussions, it was clear taxpayers do not want to pay twice for the same road improvements.

Caltrans is interested in one thing and it has nothing to do with how you and I perceive traffic issues. Federal money is at stake in all of these projects. Most highway improvement projects rely on matching grants from the Feds. If Federal guidelines are not met, in this case regarding traffic flow, the state would find it difficult to fund major projects.

There is no doubt, though, that Caltrans sees the dollar signs as well. Toll roads seem like an attractive way of generating cash. After all, in the eastern and some midwestern states, toll roads are more common than free highways. But, easterners have grown up on toll roads. Californians have not been so “lucky”. In fact, toll roads were virtually non-existent until the 1990’s when State Route 91 implemented a public/private toll road system to charge for the privilege of travelling a 10 mile stretch of highway between Orange and Riverside Counties. That “partnership” has since devolved into a government function that has never made enough money to pay for the lanes it took over.

And that is the real issue that is coming before voters in Orange County. Caltrans, apparently with vested authority, will tell Orange County what to do with local taxpayer money by forming toll lanes on the I-405 – and the I-5 through Tustin. Public concerns be damned, you will pay twice to build a road most of you will never be able to use.

There is a possibility Caltrans could be thwarted in their efforts. It begins with us, however. By turning out in force at the upcoming meetings, residents of Orange County, particularly Tustin and Irvine, can tell the authorities that toll roads is not an alternative on a public highway. Yes, we need relief from the already overcrowded highway lanes traversing our city. But, those lanes should be paid for completely with Measure M funding that had already been approved for the projects, not with the “enhancement” of toll roads which will never pay for themselves but will certainly allow the elite of the county to travel unencumbered.

You can bet Al Murray, current Tustin representative to OCTA will be there. He needs to hear from Tustin and other Orange County residents how toll roads are not the answer. He needs to hear how he should be seeking the assistance of our state legislators to prevent or, at least provide oversight of, any proposed toll road  project. And Caltrans, which is sponsoring the meetings, needs to be told to keep their hands off our local tax money.

If this is a numbers game and numbers are the driving force, it should be obvious to everyone involved that toll roads are grossly underutilized, making zero real impact on traffic, existing or future. One only has to travel the 91 freeway during rush hour to see the negligent impact money-losing toll roads have on the morning commute. Toll roads benefit only one segment of population, the rich and famous who can afford it.

And, if anyone wants to look at the “success” of the 73/241/261 “private” toll road debacle, remember that the Transportation Corridor Agencies have refinanced bond measures multiple times to extend the payment schedule due to underutilization of those highways. So, why would it be different with the I-405 or I-5? If tolls are implemented, they are here to stay.

If there is a ray of hope. it is likely to be in the form of legislation, like then assemblyman Allen Mansoor’s in 2014 to block toll roads, at least on the I-405 and I-5. In order for that to happen, Orange County residents need to make it clear to their lawmakers (both local and at the state level) that toll roads are an unacceptable solution to the traffic problem. Again, that starts with attending the meetings and voicing a collective opinion.

There are two scheduled meetings for the I-5 project. The first was held January 26th in Irvine . The second meeting, on January 28th at 5pm is a bit closer at Tustin High School in the cafeteria, 1171 El Camino Real, Tustin. Judging from the locations, it seems OCTA, which is putting on the “informational” meetings, does not expect a huge crowd. They might be surprised, depending on the publicity these meetings receive.

Yes, this is the early stages of this project. Without early involvement by concerned citizens, however, OCTA may roll over again on the toll road issue. And, this time, they may have more ammunition in the form of the I-405 project.

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