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On (and Off) the City Council Agenda – February 18, 2014

LAA StadiumA hat tip to our friend, Dan Chmielewski, of The Liberal OC who related that the Los Angeles Angels of Anaheim could someday become the Los Angeles Angels of Tustin. Hmmm, the name just doesn’t have the same ring to it as Anaheim Angels.

In any case, owner Arte Moreno’s mouthpiece claims they are in preliminary talks concerning a possible stadium at the MCAS base. The LA Times story, which Dan quotes from, says team officials met with Tustin officials last week concerning the deal. The team declined to say whether they met with other Orange County cities or not.

Don’t hold your breath if you think the Angels would land here. Their lease, which has an out clause beginning in 2016, is tenuous in Anaheim as the city has balked at the proffered deal that includes a giveaway of hundreds of millions in tax dollars and development fees. I doubt Moreno is likely to give Tustin any better deal and would expect a lot in return. I would consider this “leak” of information as a not-so-clever ploy by their negotiation consultants to put pressure on Anaheim Mayor Tom Tait.

Likewise, don’t expect anything to be said at the Tuesday Tustin City Council Meeting. There is no agenda item either on the Closed Session or Public Agenda. And, we have to wonder what part of the Brown Act covers discussions with baseball teams? It is a bit weird that a gentleman came to the last meeting to discuss the possibility of establishing a minor league baseball stadium and baseball camp. Maybe that was the cover story.

The Tustin City Council does have a fairly full agenda this week. You can tell it is spring as negotiation will begin with all of the major employee unions in the city. Tustin’s non-safety employees negotiations are handled by the Orange County Employees Association. It’s sad to see that, for the past several years, the employee unions have been willing to accept the City’s claim of poverty when dealing with them while they lavish raises and promotions on the executive managers. The union’s chief negotiator, Frank Flavin, is an experienced negotiator who, perhaps, they are not listening to when it comes to holding out for a better deal.

Discussion will also ensue over 4 items of property, all on the MCAS. We were told that the deal with the Army Reserve Center is not complete and there are some issues being haggled over. We think the deal is pretty good and will put the Army in a more suitable section of the development. Still, we have to wonder why they brought out the big guns, which were reportedly moved onto a parking lot near the District.

On the Public Meeting Agenda, TPD Officer Tim Carson will receive the MADD “Deuce” award. This award is given to law enforcement officers who make more than 25 DUI arrests in a year. We are proud of Officer Carson but sorry to see that we have so many drunk drivers in our midst.

The sole Public Hearing is an item held over from the previous meeting. It concerns a development agreement for 375 single family homes on the MCAS property. It is quite a large development and, while Councilwoman Beckie Gomez was probably not missed, John Nielsen was also AWOL and I am sure the Three Amigos needed another back to pat.

Most of the Consent Calendar consists of routine maintenance items. Items 6 & 7 stand out only because it raises an issue with cell towers. The two items have to do with communications site license agreements with T-Mobile and Cingular Wireless. The agreements are to continue running equipment at Tustin Sports Park. Our issue with licenses of this type is the cut the city’s cellular consultant, ATS Communications, receives for their services. The licenses, which terminate previous leases, allows for 20% of the proceeds to go to ATS for their “services”. Outside of promoting the interests of the various cellular companies, we’re not sure where they are earning their money. And, to allow that to go on ad finitum, is unconscionable.

Three items under Regular Business will wrap up the evening, unless someone decides to discuss their talks with the Los Angeles Angels coming to Tustin.

Item 9 – Purple Heart City Designation is a proposed resolution designating Tustin as a Purple Heart City that cares about it’s veterans who were wounded or killed. As I said in a recent post, this would seem a lot more sincere if the City were to seriously reach out to this city’s military history and veterans that made it. How about establishing a local veterans advisory commission that could work toward honoring the living and the dead?

Item 10 – Authorize Request for Deferral is a request to send a letter asking for a deferral of grant funds from Measure M2 for a detention basin and wetlands on the MCAS property. The delay is due in part to design issues. It would seem like a routine issue but, bureaucracy requires council approval.

Item 11 – Adopt Resolution ordering preparation of the Engineer’s Report. This is the annual levy of the Tustin Landscape and Lighting District. Another routine item that probably could have been placed on the consent calendar.

That’s it for the week. It is anyone’s guess if the city council will discuss the Angels meeting. Although the meeting should have been with City Manager Jeff Parker, I can’t see how Al Murray couldn’t drag himself away from his regular coffee cops morning to get a chance to hob nob with sports folks.

On the Agenda – December 17, 2013

boring meetingAs with the past few meetings of the Tustin City Council, the topic of business licenses will take up a good portion of what should be the last meeting of the year.

The city council will be asked to decide if and how information related to gross receipts are received by the city. Gross receipts are used in many businesses to calculate the business license fees. Currently, businesses are required to offer proof of gross receipts in the form of a redacted tax return that protects any personal information from being disseminated through public records access. The average fee is $60.00

One of the proposals is to establish a flat fee of $100 for a business license. This would eliminate the requirement to supply tax information altogether and, on its face, appears to be a good alternative.

The third option, which I am sure Councilman Nielsen prefers, is to rely on the good word of the business owner to simply state how much his or her gross receipts are. The staff report points out the glaring problem with this alternative. Obviously, it would require a periodic audit to ensure businesses are telling the truth.

Nielsen, of course, would prefer this method because he is all for anything that protects businesses from the prying eyes of government. By doing so, he proves allegiance to his patrons at the various business councils and real estate associations that have funneled tens thousands of dollars through sham PACs into his and his fellow councilmens’ campaign coffers.

In reality, it is probably time the city looked at raising rates anyway. In the recent past, the city has foregone license and new construction fees to foster a business climate. I suspect most cities in Orange County have moved or are moving toward a modification in fees to increase funds coming into the city coffers. Making everyone pay the same fee, regardless of the value of the business, though, seems a bit unfair. The old system has worked fine and it seems Nielsen is the only one to complain.

In other business, the city council will be asked to approve the publication and appointment (or re-appointment) process for several city commissions seats. Seats open include 2 each on the Planning, Community Services and Audit Commissions.

Both Jeff Thompson and rookie commissioner Sam Altowaiji seats are up this term. I would be surprised if either were to leave now. Jeff is the old salt on the commission, having served several terms. Jeff has a history of community service including Chair of the OCTA Citizens Advisory Committee which advises OCTA on transportation issues.

Altowaiji, who worked for the city before he joined the board, is likely Elizabeth Binsack’s eyes and ears on the commission. However, he was also the only person to run (the only  other guy was disqualified) and could potentially be unseated by another (any other) qualified candidate. We have one in mind but he is keeping mum on whether he will run for a seat..

The final item under regular business is consideration of an ordinance establishing a formal purchasing process, something that is long overdue in a city the size of Tustin. Not that we are accusing anyone of misfeasance. On the contrary, city staff, other than the occassional bonehead move by a department head, are pretty thrifty with our dollars. A formalized purchasing process will keep it that way.

That’s it for city council business this week and for this year (unless someone calls a “special” meeting). The next time the city council meets, it will be to ring in the new year. We hope the Christmas Spirit envelopes the dais (except for the Podiatrist Councilman – a belated Happy Channukah) and they all come back with a sense of renewed community spirit.

On the Agenda – December 3, 2013

Hidden Agenda ClipartWith 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 Allan Bernstein, Scofflawinclude 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…

Will I See You In September?

creepy houseThe first meeting of the year for the Tustin City Council proved my prophesy that new blood will create new stories for Our Town Tustin. After a benign but professional  presentation of the American Flag by Tustin American Legion Post 227, the new city council wasted no time in showing their true colors. Things got so busy on the dais, I think councilmember Beckie Gomez expected to see a Shriner car full of clowns driving around.

It started with the Oral Communications portion of the agenda when Tustin resident  Chad Ortley asked the city council whether there was some new policy to allow “a party type facility in residential neighborhoods. My contention is the code only allows those types of uses in a commercial zoning district. But, some members of the public are not sure whether there’s been an exception to allow non-profits and, if so, how many persons would be able to attend that event and how often. So, I think it would be beneficial to receive clarification on that for staff purposes and, if that is the case, something the city wishes to allow, at least some members of the public would appreciate clarification…”

At that point, Councilman Chuck Puckett interrupted the speaker to say that he would have to recuse himself from the discussion. Although Ortley said he was speaking only in generalities and not to a particular situation, Puckett quickly surmised the topic was specifically about the Wilcox Manor and the efforts of the owners to turn it into a for-profit events center. What happened next, though, was comical to watch.

The city attorney was asked for his opinion. Surprisingly, he did not bring up the FPPC ruling and told the Puckett he should actually recuse himself, “given how related the two are, I’d probably advise you to recuse yourself.” Faster than a clown puts on greasepaint, councilmen John Nielsen and Allan Bernstein both yelled out, “I need to do that as well!” They then scrambled to see who could leave council chambers the quickest.

Of course, this left the dais without a quorum and city attorney Kendig was quick to state that it presented a “new issue” in that there was no longer enough councilmembers to carry on business. In order for any discussion to take place, the three members who recused themselves would have to draw straws to see which one would come back to the dais. The attorney left to fetch the three while Ortley finished his comment on the subject. The question arises as to what the three councilmembers who recused themselves discussed outside the council chambers. After all, they did have a quorum. (it also begs the question of how drawing straws would eliminate a conflict of interest if it would bring one of the conflicted back for the discussion).

A few minutes later, the two of the Three Amigos returned and took their seats. Not for long, however. When Kendig returned to council chambers, he observed that, since Ortley had finished his commentary, it was appropriate for the councilmen to return to the dais and that straws need not be drawn after all. The podiatrist councilman must have made a pit stop as it took him a little longer to get to his seat, necessitating the good mayor leaving the dais to retrieve him. Perhaps he got lost in the mens room.

So, Bernstein finally shows up with a bewildered look on his face and Murray takes up where he left off at Public Hearing Item No. 1… the Conditional Use Permit for Wilcox Manor. Believe it or not (you can believe it, you read it here), that engendered an entirely new round of who had to leave and who had to draw straws to see who got to stay. In the end, Kendig decided they did not need to draw straws unless further action needed to be taken. However, everyone would have to leave the the dais. Al Murray, who I am sure was right at home amidst this Keystone Cops scene, put it succinctly when he said, “It’s almost like musical chairs, ladies and gentlemen.”

So, why did all of this take place? Probably for the same reason -the real reason- the owners of the Wilcox Manor asked for a continuance on the hearing in the first place. A little bird whispered in their ear.

During the past year, Puckett, Bernstein and Nielsen have all held fundraisers at the Wilcox Manor. These fundraisers were held gratis, unless one looks at it (as we have) that the use of the facility was a contribution in kind. Although no money passed hands (except for Nielsen, who received money from the Wilcox Trust), it was obvious from the beginning that Lindburgh McPherson and Michael Demoratz, the owners, intended the use of their facility as a pay-for-play in order to obtain a favorable ruling from the city council on their CUP application. McPherson and Demoratz rallied the troops during an October Planning Commission meeting. The commissioners, looking for a way out, set up conditions that one might say were designed to protect the neighborhood but, when it came down to it, were designed really to discourage the boys from pursuing their plan. It very nearly did when it was discovered that McPherson and Demoratz had not exactly told the truth in their application concerning the parking issues. They were also less than thrilled with the conditions placed on them by the planning commission. In an effort to quash nearly all the conditions, they appealed to the city council, a group that had a somewhat vested interest in the operations of the manor as an events center.

When the issue first came up before the city council in November, 2012, the boys abruptly asked for a continuance, leaving their supporters, most of who had come from outside the city, flat. They also published a letter trashing some of the city’s notable residents. In one missive, they accuse Linda Jennings, president of the Preservation Conservancy, of allegedly making up commercial web pages promoting the Wilcox Manor as an “events venue”. Jennings has denied having anything to do with the websites and claims her opposition to the events center is personal, not as a member of the Conservancy which, she says, has taken a neutral stand on the issue.

It is interesting to note that Nielsen first recognized this as an issue when he attempted to recuse himself during the November meeting. Nielsen’s stated reason for recusal was that his wife, Erin, was the director of the Tustin Community Foundation, which holds fundraisers at the manor. However, as we mentioned, there were other issues as well. David Hunt esq., the same lawyer that currently represents McPherson and Demoratz, told him then that the purpose for postponing the vote was so that Nielsen would not have to, “face multiple issues you are faced with.” That would be like that money he took from the Wilcox Trust.

Councilmember Gomez, for her part, only wanted to finish the matter. She said that she had been speaking with a number of the neighbors of the Wilcox Manor who were concerned that, if the issue was not resolved, they would continue to hold events as they had been doing in the past. She was concerned that this had been going on for a year without resolution. The boys weren’t there but their mouthpiece, once again, showed up to muddy the waters.

David Hunt esq. effectively side-stepped the question by saying, “My clients don’t have any intention of doing anything that’s inconsistent with the current zoning between now and whenever the hearing is, ultimately, on the conditional use permit.” He went on to say how the regretted asking for a continuance but “they don’t have any intention of doing anything inconsistent with their current zoning and use.” You might take those words at face value but, he is a lawyer after all. And, lawyers are paid to muddy the water as much as possible. Just ask Kendig. Elizabeth Binsack, spoke plainly and said that, as long as they keep it non-commercial (we would claim that any organized business use, even a non-profit business, is commercial) and under 500 attendees, they could pretty much do as they pleased. So, what Hunt was really saying was that the boys will not hold events with 500 people but they still plan to hold events for non-profits. Good news for all those folks that showed up for the hearing to support the boys, even if they came for nothing.

So, why September 17, 2013? Is that a year from the last time Nielsen, Puckett or Bernstein held a fundraiser there? Is that the date of the check from the Wilcox Trust to the “Vote for John” campaign? That would certainly make more sense than the “personal and business issues” the Wilcox boys contend are the reason. Of course, there is also the issue of adequate parking. When the previous alleged parking arrangements were allegedly quashed by that concerned citizen, it became obvious that Lindburgh and Michael were not exactly being truthful, even with Community Development Director, Elizabeth Binsack. Rumor has it they have been all over town, attempting to work a deal. The latest story has them approaching the chamber of commerce looking for a spare parking lot.

Although many of us had hoped to see a workable resolution to the Wilcox problem, it appears we will have to entertain ourselves for another 8 months or so before we see what happens. Lest Nielsen, Puckett and Bernstein think the citizens of Old Town Tustin will forget, they can be sure we will be there to remind all of the relationship between Wilcox and the Three Amigos.

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