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.
(Updated 08/20/13) You might call it the Phoenix Rising, although we would probably characterize it more as the Amityville Horror. It seems the boys at the Wilcox Manor just won’t take no for an answer and the city council is more than willing to sell the soul of Old Town Tustin for the sake of a few fundraisers.
Thanks to Lindburgh McPherson and Michael Demoratz, the Wilcox Manor is not just another historical property in Old Town Tustin. Although the two purchased the property several years ago and put thousand of dollars into restoring the dilapidated structure, it is their recent effort to turn the icon into a money-making enterprise that has made the house locally famous.
Since October of last year, Community Development Director Elizabeth Binsack has championed the cause of a profitable events center for the two. Along with her employees, they promulgated a glowing staff report that would make the owners of the Wilcox Manor appear to be the ambassadors for Old Town. This, of course is due in part to her vision of Old Town that sadly lacks input from the residents.
The report justified the granting of a Conditional Use Permit, without the necessity of an environmental report, by attempting to tie the property into surrounding property that is zoned differently. And, although it is true there is an apartment complex across Main Street, the fact remains that the Wilcox neighborhood, cut off by a cul-de-sac, remains a primarily residential neighborhood. The fact that other property on that side of the street is zoned for industrial use is a matter of circumstance (the city water well) and not opportunity.
It was clear, at that October meeting, the Planning Commission was desperately looking for a way to approve the CUP for their Wilcox friends while maintaining an air of impartiality toward Old Town residents. Jeff Thompson, then chairman pro tem, was clearly uncomfortable with the discussion, probably because he lived in Old Town. Newly sworn-in Commissioner Wisam Altowaiji recused himself from the discussion for living within 500 feet of the property. Perhaps Jeff should have done the same although that would have left only three commissioners to discuss the matter.
And discuss it they did.
For more than an hour, folks came to the podium to speak about Michael, Lindburgh and the Wilcox Manor. Many of the attendees were from non-profit organizations from outside the city. All of the supporters spoke glowingly of Michael and Lindburgh as friends, attesting to their character as fine, upstanding citizens. The staff report was inundated with, what turned out to be, mostly form letters from local neighbors that, apparently, the Wilcox Boys had prepared for their signature.
After the public hearing closed, the planning commissioners began deliberations. That public discussion showed their discomfort in having to put this in the public light. After an hour of discussion, however, they came together with eighteen modifications to the CUP before voting 4-0 in support. Then, it was off to the Tustin City Council.
A few days before that meeting, Demoratz and McPherson assailed Old Town residents Brent Ferdig and Linda Jennings. In a widely distributed letter posted to their Facebook page, the boys attempted to demonize Jennings saying she founded the Tustin Preservation Conservancy as a rival organization to the Historical Society. They accused the two of them of harassment and slandering the “good names” of Demoratz and McPherson.
Linda Jennings, for her part, maintained the Conservancy and the Historical Society had a good working relationship and the Conservancy even donated money for computers and other items.
From the letter:
They have gone on a campaign to slander our names and misrepresent what we are doing and who we are. Our supporters in Old Town have been told that they have confronted by people banging on their front doors stirring the pot on this issue. Now they have begun a campaign of going after potential partners – we were in negotiations on leasing a parking lot and they were able to reach the owner of the property before us and frankly – made it so we cannot lease this lot now.
It was interesting to see McPherson squirming when it had been discovered they did not have a complete agreement for off-site parking as they had previously indicated. The letter attempted to place the blame on Ferdig and Jennings for issues they had actually caused themselves. They later came back to tell their supporters they did not have to put anything in place, including the parking, until the CUP was approved.
Taking the matter before the Tustin City Council in November provided its own set of issues. This time it was outgoing councilman Jerry Amante, along with crony John Nielsen -who had been re-elected for another term- who found themselves looking down the double barrel of possible ethics and campaign violations. We pointed out in an article at the time that Nielsen was married to Erin Nielsen, the director of the Tustin Community Foundation. TCF had been the direct and indirect recipient of considerable funds that resulted from Demoratz and McPherson donating their home for charitable fundraising. So, the issue was continued to January, when fresh faces would arrive on the dais.
But, that caused a whole set of issues on its own when it was pointed out that not only John Nielsen faced conflict of interest issues, nearly the entire council had the same problem. When the item came up for discussion, the dais looked like a Shriner car full of clowns as Nielsen, Puckett and the Podiatrist Councilman ran off the dais after recusing themselves. Once the dust settled and City Attorney David Kendig cleared up who had to do what, the boys’ mouthpiece, David Hunt, Esq., asked for another continuance, citing “personal business issues” from the applicants.
At the time we opined the Three Amigos were also in an undesirable position because of their relationship with the Wilcox Manor. And, although use of the home was gratis for their fundraisers, we wondered (in print) what the Fair Political Practices Commission would think? Alas, the boys did not have to answer the question as they voted to continue the matter until September. That was at the request of Demoratz lawyer.
Apparently, Michael and Lindburgh are no longer burdened with personal issues as they have, once again, asked that their CUP be calendared for tonight’s meeting rather than wait for September as originally planned. Way back in November of last year, after the original Planning Commission meeting, Demoratz and McPherson asked the city council to consider their application with over forty line-item changes that would, essentially, gut the Planning Commission approved CUP.
Chad Ortlieb, who has been a vocal opponent of the Wilcox Manor CUP, has questioned whether the substantial modifications the boys are asking for would trigger a new application for a CUP. The most glaring amendment Demoratz and McPherson are asking for is a change from 24 total events to 36 paid events (leaving the number of free events unspecified). That has not gone unnoticed by the opposing side. In response to Ortlieb’s public concerns, it appears that McPherson is now on a witch hunt against Ortlieb. In a recent public records request made out to the city of Orange, he has requested information related to the personal use of Ortlieb’s work computers. It was hard to discern from the request whether McPherson was attempting to garner information for his own use or whether he was attempting to alert Ortlieb’s superiors of any personal use of the city’s computers (For the latest discussion, Ortlieb has sent a 28 page missive that dismantles city staffs’ rendition of the code supporting the permit. It’s hard to argue with fact).
Demoratz and McPherson have attempted to cloud the issue with the neighborhood by writing letters of support and having the neighbors sign them as if they came from them personally. This was pointed out by Martin and Tina Blenz in a letter penned by them opposing the events center CUP:
Please accept this as an opposition letter to the [Wilcox] application. It is with mixed emotions that we write this letter.
We were given a letter of support from Michael and Lindburgh. Since it was not written by us, we refused to sign….. The other letters show the same type font, date and format as ours.
The Blenz letter goes on to point out the issues they, as neighbors, have with turning the Wilcox Manor into an events center, citing the problems they now have with trash, liquor and parking. They also point out the apparent error by the city when they first purchased their property as it was not listed single-family residence as the tract map showed (and Binsack used in justifying the approval for the CUP).
There is also an issue of whether the application was subject to an environmental impact report. The city, citing law that they say supports their position for not requiring a report, has taken the stance all along that a report is not required. However, Ortlieb, a former city planner for Tustin and Jennings, President of the Tustin Preservation Conservancy, bothy believe that, due to the nature of the venue, one would certainly be required. From a recent letter by Jennings to the city:
Rather than enhancing the goals of the Cultural Resource District as listed in Resolution 4207, the proposed use will cause immense traffic congestion in the neighborhood, increase parking problems on residential streets, increase noise pollution, create health and sanitation issues from routine food service and cost Tustin tax payers’ money to monitor the activities, parking and event attendees.
Contrary to the findings of staff, it is our opinion that these factors constitute a significant environmental impact and should trigger a CEQA assessment.
Jennings goes on to say the granting of the CUP would alter the character of the Old Town residential neighborhoods.
And, we have to agree.
One thing is probable. Should the City Attorney erroneously tell the Tustin City Council that no recusal is necessary, it will mean the end of residential life as we know it in Old Town Tustin. An events center approval will mean even more parties, traffic and noise than before, all so the good friends of the City Council can make money. But, before that happens, we would like to point out a few things to the good councilmembers:
- A survey of the affected residents might shed some light on just how popular the idea of having an events center in the neighborhood truly is. It would go a long way to assuage the feelings of the residents that their voices are being drowned out by outside influences in the form of non-profits (and political candidates) who stand to lose a rich fundraising venue.
- Considering the complexity of the situation and the CUP itself, after having been worked over by a scared-stupid planning commission, a review of whether a CEQA report is necessary -by an outside agent- may be in order.
- Based on the over forty modifications the Wilcox Manor applicants made to the original, approved CUP, a new application de novo may be in order, regardless of what your Community Development Director may say.
- It may be appropriate to utilize the services of a law office that specializes in zoning and CUP matters to analyze this. The city attorney has demonstrated that he is too close to the players and basically ignorant of the true issues at hand to offer unbiased advice.
- John and Erin Nielsen, though separated, remain in a situation that would cause him to recuse himself as Erin continues as Director of the Tustin Community Foundation.
- This is a moneymaking business, apart from the generous fundraising the applicants have done in the past. Demoratz and McPherson stand to make upwards of $200,000 per event.
Should the city council approve the Conditional Use Permit, especially with the modifications proposed by Demoratz and McPherson, it is likely the fight will not be over. Both Ortlieb and Jennings have informed me that lawyers have been involved since early this year. That could make this another war that is quite likely to be waged in Superior Court.
Another consideration is the recent revelation that the FBI is now conducting investigations here in Orange County regarding campaign financing improprieties and corruption, along with ethics violations. Given that the Feds seem to be eyeballing conservatives in particular, the city council majority may want to distance themselves from this debacle in the interest of at least appearing to have clean hands.
Happy Cinco de Siete. The bad news is, my desktop is in for repairs and will, hopefully, be out by this next weekend. Of course, depending on the cost, a new one may be in order. In the meantime, I will struggle to get out posts with the reliable but anachronistic netbook. Isn’t it amazing that, just a few years ago, the netbook was the hottest thing on the market? Now, they are right up there with…desktop computers.
It looks to be a busy night for the Tustin City Council as they hold a couple of public hearings preceded by a slew of feel good presentations. The presentations are likely to be lengthy with lots of pomp and circumstance (emphasis on pomp).
The first public hearing is to establish a new Community Facilities District and accompanying mello-roos tax for an area of the Tustin Legacy. You might think this a routine issue but, it is a timely one for the city. It should be unsurprising that, the vote on establishing a CFD, when there are no residents in the location, falls to the landowners, in this case, the city. So, why wait until there are pesky homeowners to get in the way of establishing a tax base? Trust me, the entire hearing is pretty much pro forma for establishing the CFD and it is doubtful there will be much input from the public. It is probably a good thing the staff know what they are doing. That way the Four Amigos only need to say “yes”. One thing the folks moving in should know is this is a forever tax that will be passed on to future landowners owners. That tax will increase by two percent per year ad infinitum.
The second Pubic Hearing concerns the disposition of the Community Development Block Grant funding allocation. As you know, in the past we have been critical of the method used by the city council to disseminate CDBG funds. Specifically, the relationship of members of the city council to the executive director of the Tustin Community foundation which the city used to manage funds was questionable, to say the least.
Most recently, a committee made up of city staff members evaluated the current funding and made recommendations that can be found in the staff report. Of course, I am always amazed that, with funding and programs the community depends on we would allow city staff, most of whom live elsewhere, to determine what is best for us. In the end, worthy projects are being recommended for continued funding, including Human Options, Laurel House and Mercy House, all of which go to assist those most in need in our community.
One item I find interesting is the “Old Town Study” which is funded at $27 thousand dollars. This study appears to be a marketing study to see how the city can eke the most tax dollar out of the cultural overlay district. Could this project be the one to take precedence over the recent community development project to determine changes in the Old Town zoning regarding guest houses and second units? When an inquiry was recently made by a resident, they were told the guest house ordinance would be completed some time in the future, that it wasn’t a priority for city staff at the time. Really? Perhaps the city staff, which we have shown time and again is out of touch with city residents, should rethink that. More in a future article.
All in all, the proposed CDBG update is in order, regardless of how we got there, and it should pass muster with the residents of the city. It should be interesting how much back slapping the city council does before approving it.
The third Pubic Hearing has caused quite a bit of discussion both on the dais and in the community. Chad Ortlieb has managed to segue the Wilcox Manor issue in with the zoning amendments when they were before the city planning commission and he may show up at this meeting to discuss the issues again.
While the ordinance was being considered by the planning commission, more than 50 comments were received and supposedly considered by the commission. The city attorney attempted to block Ortlieb’s critical letter based on a timeframe until Ortlieb demonstrated that he actually was within legal limits. That in itself should tell you how desperate city staff are to get these amendments in. Why the hurry? In any case,it would not surprise me to see a few more comments at the public hearing and I imagine we will see another appearance by Lindburgh MacPherson who is sweating bullets over the Wilcox Manor CUP application being kept in the limelight when he hoped it would fade into oblivion. Sorry, Lindburgh, we still don’t want your dog and pony show in Old Town.
Item 7 on the Consent Calendar is to appropriate supplemental funds for the completion of Tustin Ranch Road and other road improvement projects. It appears to be a housekeeping issue more than anything else but, I’m no accountant so you may want to look at the agenda report yourself.
That’s about it. Unless you are a glutton for punishment, come late and go home early. By the way, the agenda doesn’t mention it but, I could have sworn The American Legion Pot 227 was back in good standing. If so, the should provide they best presentation: our Flag.
It didn’t take long for the newly seated city council to stir things up and create a little controversy while violating the Brown Act at the same time. Tuesday’s Tustin City Councill meeting demonstrated their ignorance when it comes to conducting city business. Of course, John Nielsen wasn’t there to guide them and it was left up to Mayor Murray to carry the ball. We did not expect much from Murray and that is what we got.
Chad Ortlieb, an Orange city planner and Old Town Tustin resident who previously spoke on the subject of the Wilcox Manor, showed up during public comments to complain about the apparent gross errors of the Fab 5 in handling the continuance of the Wilcox Manor CUP application last meeting. If you recall at last month’s meeting, Ortlieb appeared to question whether any type of event center was appropriate for the Old Town residential neighborhood. His discussion at that meeting generated a flurry of activity on the dais as councilmembers, looking like Keystone Cops, raced for the door saying they had to recuse themselves from any discussion. It also raised with us, at the time, the question of why the item would be continued for eight months. It was pretty obvious to us the reason the councilmembers were in such a hurry to exit the dais.
So, Ortlieb came back this month to ask the question we have wondered all along: Why an eight month delay? He also asked a few other questions concerning the validity of the application itself and whether city staff were playing footsie with the applicants to accommodate them. To their credit, this time the city council remained in their seats. From Ortlieb:
The rights of Tustin residents to have the council decide the continuance of the Wilcox Manor project were violated. At one point, in the meeting, councilmember Gomez asked the city attorney. ‘Does this item require action?’ The city attorney’s response was, ‘No. It’s already been agendized as continued’. Staff did not have the right to remove the continuance from the council’s consideration. The consideration is exclusively the council’s purview. If you want to take a look at Government Code section 94955, I think that’s a good starting point. But, to ask the question, can the city council continue something to a date, but have staff continue it for the council without any direction by the council? The answer is, no. Had the project been advertised differently, without staff saying it’s continued, a different public attendance and public participation could have resulted. The council had the right to deny the continuance request and even a right to make a decision on the project at that meeting. For the record, I don’t believe that a continuance to September is reasonable. Confusing matters is that, even though there was no quorum, the council, applicant representative and staff all conducted council business and spoke regarding the project. But, nobody else from the public was extended that opportunity. One of the attorneys present should have noticed the lack of a quorum. Also, just to pose the question, why did the applicant attorney show up if the matter was continued automatically by staff?
Ortlieb goes on to say the project should be re-noticed and advertised to the public with the city council subsequently deciding what, if any, extension will be allowed. He went on to say that the use [as a non-profit venue] was never allowed in the type of zoning the residence is in to begin with. He also stated that staff should never have considered the CUP as the type of venue is not allowed. “Staff should not be allowed to set land use policy of this magnitude even for a non-profit use.” Ortlieb further said the consideration by the city council was improper in the first case. Even though the original CUP went before the city planning commission, the applicants substantially changed the application request before it landed in front of the city council. That, according to Ortlieb, meant the application should have gone before the planning commission one more time.
Of course, we agree. As we had pointed out, Linburgh McPherson and Michael Demoratz, the trustees and owners of the Wilcox Manor, have misled the city during this entire adventure. They originally told the planning commission they had set up off-site parking when, in fact, they had done nothing of the sort. They amassed huge support at the planning commission meeting last year by busing in representatives from non-profits that had used the facility. The trouble is, most of those non-profits were from outside of the city where parking, trash and crowds would have no impact on them. The fact that several councilmembers have directly benefited from the use of the facility for fundraising as well, was not lost on the many residents who reside near the Manor.
The primary issue at this point was whether the staff had the right to automatically continue a matter before the council, on behalf of the council. We don’t think they did. We never got a good look at the audience for last month’s meeting but it seems to us that, even if one person who wished to speak was there, they should have been given that opportunity before a continuance was granted. Eight months is a long time for a continuance and, quite frankly, it appears as though the city council majority (we won’t count Gomez in this) was hoping that the lapse in time would allow them to return a favorable vote for the owners without raising eyebrows. To that effect, the city attorney bumbled his way through some sad explanation that it would be right for the councilmembers to recuse themselves, thereby eliminating the ability to act on the matter, but that one of the conflicted could subsequently return to the dais after drawing straws. How could there not still be a conflict for that councilmember? Better to have required a new application.
Ortlieb was left standing at the podium as the good Mayor thanked him for speaking and sent him packing. It should be interesting how concerned citizens react when the CUP is brought before the city council in September. As we told you before, we aren’t going anywhere and we plan on reminding our readers when the issue comes up again. At the very least, the city council should take a hint and refuse to hear the highly-modified CUP application when it comes before them. What should really happen is the applicants should be directed to start from ground zero with the city planning commission. The planning commission, of course, should research the issue as we believe Orlieb is correct in his assertion that the type of events McPherson and Dmoratz have been holding, have been illegal all along.