Welcome to the Police State, Tustin Style

doomacracyThe first order of business for the Planning Commission a couple of weeks ago was to install the “new” commissioners whose terms had previously expired. What? You didn’t know there were expiring terms? Well, that’s because, thanks in large part to retired Irvine police officer and current Tustin Councilmember Al Murray, there was no announcement.

At the February 3rd meeting of the city council, Murray decided it was too much of an inconvenience, given the fact he had already made up his mind to vote for the incumbents, to actually advertise for and interview other aspiring candidates to the Planning Commission. “You know, we’ve gone through this process quite a bit and, one of the things we should consider is we have really, really good people on the current commissions and we entertain people in the community to go through somewhat rigorous interviews and, in many cases, we reaffirm who’s on there.”  Going on to claim he heard that the process was futile for most and they would lose heart, he apparently felt the kindest thing to do was save them the heartbreak.

Alan Bernstein, who hasn’t had an original thought since he was elected to the city council, quickly chimed in with some diatribe about how everything is wonderful in the city of Tustin so, we don’t need to bother with a longstanding policy. Mayor Chuck Puckett quickly agreed, breathing a sigh of relief he wouldn’t have to come early to the next city council meeting just to interview a bunch of wannabes.

Unsurprisingly, Councilwoman Beckie Gomez spoke out against maintaining the status quo of simple re-appointment. Saying that there are always applicants in numbers for available positions, she wanted the opportunity to interview and examine applications for the best persons for the job.

The biggest shock of the evening was Councilman John Nielsen agreeing with Gomez that the process is necessary. Nielsen recalled recent history where incumbents had, in fact, been ousted in favor of new applicants. He also correctly stated that applicants have a tendency to become involved with civic affairs in other venues such as the Tustin Community Foundation (hmmm…). Wow. John and I actually agree.

After a lengthy 8 minute discussion on the issue, a motion was made by Puckett (I guess, hoping to take the heat off Murray) to forego city policy and fairness in favor of cronyism. The motion was quickly seconded by Bernstein. The split vote, with Nielsen and Gomez dissenting, was cast and that’s why you didn’t get your notice on commission openings.

Puckett was on hand at the next Planning Commission meeting to re-appoint three commissioners, Austin Lumbard, Steve Kozak and Ryder Smith. Now I might want to point out that, while not all planning commissioners are future candidates for the city council, it has been heard around town (mostly by his dad shooting off his mouth) that Austin Lumbard will be running for a seat. That would be the seat of termed out Mayor pro tem John Nielsen next year. You may want to keep this bit of information close as you read further.

With no public speakers on hand to liven things up, the commissioners moved on to regular business. Most of the items were routine including the approval of a new Old Town home for the historic register.

A Design Review on the request by the owners of the restored Jabberwocky building caused Jeff Thompson to leave the dais as he is a resident of Old Town. The review was prompted by the expiration of a prior agreement to use the city’s fee-based common street parking. The only discussion was when Ryder Smith, who obviously hasn’t paid attention to previous discussions on the subject, asked about the $60 per space cost. That initiated a full and complete (and boring) discussion of the why’s and wherefores of the fee-based parking. A 4-0 vote took care of the matter.

The only other item on the agenda and, by far the most important for Old Town residents, was the public hearing on a code amendment that would change the ordinance on second residential units.

The presentation by staff on the ordinance was simply a reiteration of the last public hearing on the issue. If you recall (or

The only known photo of Sam Altowaiji

The only known photo of Sam Altowaiji

look at my writeup), that hearing resulted in more work for the planning commission as former city staffer and current commissioner Altowaiji asked to accommodate the large property owners by slicing them out of the deal. That initiated a lengthy discussion that led to several failed votes and a final vote to continue the item until this meeting.

Scott Reeskin, a Senior Planner with the city, explained all of this in the most current presentation. The suggestions were all over the place and, in the case of Altowaiji, reflected his obvious sense of elitism by indicating he favored an enhanced ordinance for lots 12,000 square feet and over. Now, mind you, Altowajai nearly recused himself because of his realty holdings and his wife’s realty business that often find them in Old Town.

So, what was City Planner Scott Reeskin’s reply to the commission’s meddling suggestions?
Phfffffffffthththththtttttttttttt!!!!!

Citing state law on affordable housing and the requirements to keep any structures in Old Town “compatible” with the neighborhood, Reeskin’s presentation basically said the suggestions would not fly. He then chided the council, advising them to remember their role and responsibility in maintaining the Cultural Resources District.

Reeskin pointed out the cold, hard facts. Either of the alternatives to the current proposal would result in as many as two times the residential increase of the original proposal made by Binsack’s staff. While Reeskin was at it, he backed up his first punch by slapping down the commission’s idea that maybe the standards should be set citywide. Of course, that would initiate a major study and possibly affect the Cultural Resources District itself. Did they really want to do that?

Altowaiji was clearly perturbed at city staff for not taking his suggestions to heart. “Not allowing the lots with 12,000 the right to build as the right to build today is… not providing flexibility [read elitist status], is reducing their flexibility of doing what they needed to do.” So, perhaps that perceived conflict of interest reared its ugly head after all.

Altowaiji then went on to disrespect the Tustin residents who, at the earlier public hearing, voiced their opinions on the ordinance. Saying their opinions were “all over the map”, Altowaiji ranted that staff statistics were not realistic and that only two properties had even applied for second residential units.

At this point, I wondered if Altowaiji could hear himself speaking.

If Altowaiji’s ranting wasn’t enough, Elizabeth Binsack felt she had to justify/explain/excuse her staff for not coming up with the alternatives Altowaiji demanded at the last meeting. She did it quite deftly by shifting blame back to the commissioners who, she said, couldn’t agree on the original proposal.

What it came down to, she said, is city staff were confused about exactly what the commissioners wanted so they came back with the same proposal with ramifications of changing the proposal so they could see the error of their ways.

I don’t blame her. We were confused, too.

So, Altowaiji complained further, alleging discussions that did not occur at the last meeting. He then proposed a “phone” meeting, that smacks of violating the Brown Act, that would have cleared this up. Binsack, being nice but also showing that she was also getting ticked off, explained how that could not occur.

“I apologize if we missed the mark”, she said through clenched teeth. “We intended to correctly and professionally respond to what you asked for”. I have to say, that is the closest I’ve seen to Binsack losing it.

Future wannabe councilman Lumbard responded by explaining how he had trouble looking at more than one option at a time so he would rather not get into another long-winded discussion…..probably over something he had zero interest in anyway.

Another ten minutes of discussion and Altowaiji reiterating his elitist remarks, this time with the inference that anyone that didn’t like his motion was an idiot, a motion was made on the original proposal (with some recommendations to the council thrown in) by Commissioner Lumbard and seconded by Commissioner Kozak. The vote was 3-1 to send it on to the city council.

This is probably the most entertainment I’ve had since Jerry Amante left office. Watching another Little King rant and rave brought back memories. And the look on Elizabeth Binsack’s face as she patiently explained her position, well, it was like an old MasterCard commercial. It’s nice to know there are still hot topics to occasionally write about here in our town Tustin.

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About Jeff Gallagher

I am a retired peace officer from the 2nd largest law enforcement agency in Orange County. I live in and love Tustin where my family and I have resided for the past 22 years. I am a highly moderate libertarian that despises hardcore Republicans, Democrats and anyone else who is not willing to compromise for the good of the people.

Posted on April 6, 2015, in Local Government, Politics, Tustin City Commissions and tagged , , , , . Bookmark the permalink. 3 Comments.

  1. Jeff, I’d like to point out a few concerns I , as an old town resident, need to express about the ordinance change you discuss in your Doomocracy posting, in which you talk about the meeting of the Planning Commission and the action about changes to the current Tustin City Ordinance regarding the construction of second residential units. The current ordinance applies citywide, and limits the construction of second residential units to lots 12,000 square feet or larger. This new ordinance changes the guidelines, and applies only to Old Town Tustin (the cultural overlay district),and allows the construction of second residential units on ANY size lot. Reasons cited were the need for ‘affordable housing’ and housing with disability access. However, when pressed, it was admitted that Tustin has no shortage of either. So I ask you, why change an ordinance and apply the change only to Old Town? There must be a reason behind the change, someone must benefit financially from this ordinance change – who? With plenty of large lots around town, why change the ordinance for one area only? When the Tustin Preservation Conservancy suggested changes to the proposal, which included parking restrictions, architectural guidelines, lot size, and set back suggestions, all were rejected flatly by Scott Reeskin. I think this plan contradicts the supposed plans put forth by the city (developed by an urban planning company, and for which Tustin paid well), to encourage OTT as a destination for shopping, dining, and the opportunity to appreciate the ambience and charm of the neighborhood of homes. Please help us encourage the city council to reject this ordinance change which will negatively impact the charm of our beloved Old Town Tustin.

  2. When I first heard about the proposal, the first thing I thought of was, “Who’ll benefit?” Looking into it, the only one I see benefiting is Altowaiji’s wife who runs a real estate business and, according to Sam, does business in OTT. But, the records show there have only been 2 permits pulled and one actual construction on a 12,000 ft. lot in 30 years. I actually support the right of residents to build on their property. A 600 square foot second unit, at the expected (not maximum) build rate will not tax the infrastructure. The fact is, there are only a handful of lots with either a second unit or a guest house. A few more won’t matter.

    A concern I do share is with street parking. That seems to be the concern of most people in regard to the proposal. I am not a fan of permit parking for public streets (it’s that libertarian streak in me). But, I certainly get irked at the massive number of foreign cars parking on our streets, apparently in response to the city actually enforcing parking regulations on street sweeping days beginning a few years ago. Added parking is the last thing we need (you’re my neighbor so I know you know what I’m talking about).

    If you are really opposed to the ordinance, keep an eye out here for the city council meeting (not tonights) where they will consider the ordinance. Make your voice heard. If you can’t make the meeting, at least email the city council with your view. They need to hear it.

    Thanks for reading and commenting.

  1. Pingback: On The Planning Commission Agenda – April 14, 2015 | Our Town Tustin

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