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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.

Uh-huh……..

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 backpage.com 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.

On The Planning Commission Agenda – February 24, 2015

Hidden Agenda ClipartUpdated 2/23/15 10:00 pm – 

Tuesday’s Planning Commission meeting agenda has only five items on it with two of those being routine Consent Calendar issues. Unless someone raises an issue with the 2014 General Plan Report, it should sail through on the vote.

Less likely to just sail through without comment is the Public Hearing, Item 3, Code Amendment 2015-01 – Second Residential Units in the Cultural Resource District. Two years ago, the city held community workshops on modifying second unit and guest home ordinances in Old Town Tustin. It looked like they would continue working on the matter when, suddenly, the project was dropped. The city’s response to inquiries was, “the study will be completed sometime but it is not a priority.” Huh.

So, the project languished for another year after workshops that more than 40 people attended. Supposedly, another workshop was held in 2013 but we can’t find any record of that or who may have attended. The project foundered again until the city revived the issue without warning or notice for this meeting.

In all, the proposed ordinance will eliminate the construction or remodeling of accessory buildings into guest rooms. At the same time, many of the former restrictions on 2nd units will be lifted, including that of minimum lot size. The proposed ordinance would also:

  • Eliminate maximum lot coverage (formerly 30% of rear and side yards)
  • Require one garage or carport parking spot
  • Maximum size limited to 50% of primary dwelling not exceeding 600 square feet

Everything else would remain the same as the existing ordinance for 2nd units. Current, legal guest houses would be allowed to continue with the same restrictions (including the dreaded deed restriction) or, if they conform to the new ordinance, would be allowed to be reclassified at the owner’s option.

The down side, of course, is the probable increase in traffic and population in Old Town. The proposed ordinance would allow 149 more properties in Old Town to construct 2nd units. It’s doubtful that many folks are clamoring for building permits, though. So, the impact would likely be minimal.

In any case, it would help to eliminate the embarrassing situation the city found itself in a few years ago when the Community Development Department, doing then Mayor Jerry Amante’s bidding, attempted to deconstruct apartments built behind a home on Pacific St. The resulting rancor soured many Old Town residents on the city and their nanny-state attitude. It didn’t help that the city spent thousands of taxpayer dollars on their vendetta.

In an about face, the city has worked with the residents of Old Town to craft a workable ordinance that will enhance property values, increase income to the city through property tax values, and allow property owners to enhance their properties with minimal interference from the city. That’s a win-win situation. Thanks, Elizabeth.

Under Regular Business, we mistakenly thought Item 4, Tustin Historic Register Nomination, was the first of the city pioneer busts to be erected. A little closeer look, of course, reminded us of the historic plaque program and the Tustin Historic Register.

The nominee for the plaque designation this time is the home at 178 North C Street. Known as the “Knapp House“, the home was constructed in 1920 and is listed in the Register as a California Bungalow. It is a beautiful house and a treasure in our Old Town area. If you haven’t seen it, it’s worth the walk over to C Street. Heck, make an evening of it and wander over to Morey’s Place on El Camino for dinner.

According to supporting documents, the Knapp sisters lived at the residence, the last one passing away in 1975 at the age of 96. It seems we have some long-lived residents here. Must be the water.

The final item on the docket is Item 5, Withdrawal of CUP and Design Review for an antenna farm that would have been located in a storage facility near Tustin Ranch Road. Verizon Wireless had been planning a new cellular antenna when they suddenly decided to drop the application. Not sure why.

If you live in the Old Town area or have an interest in our Cultural Resources District, you may want to join the party on Tuesday at 7 pm just to make sure “new” items don’t make their way into the proposed 2nd unit ordinance.

We spoke with a few residents this evening who are concerned about the 2nd unit ordinance. If the Planning Commission thought it would be an easy night, they better cancel any after meeting plans. I get the feeling there will be plenty said during public comment from both sides of the issue.

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.

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