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Planning Commission Tables Tattoo Parlors
Tustin Planning Commission meetings are usually pretty sedate meetings. Apparently they don’t like to take a whole lot of time dealing with public hearings. Last night was no different. Citing time issues, Chairman Jeff Thompson asked to table what might have been a very controversial issue. Thompson asked for and received approval to table the hearing on the proposed amendment to the city code to regulate tattoo and body art facilities. Now before you become incensed, there was apparently no one from the public at the meeting to discuss the issue, one way or the other. So, I guess we will have to wait until the next meeting to hear the outcome of what is, decidedly, a non-issue. The Planning Commission is actually stepping to the forefront in anticipation of hoards of tattoo studios descending upon our sleepy little burg, making sure they have appropriate regulations in place. While there might be concern over certain specifics of the proposal, those could be ironed out during the hearing, should anyone care to attend. Let me tell you in advance that there is virtually no chance that tattoo parlors can be excluded from being established should an enterprising person wish to do so. So, the Planning Commission is doing the next best thing: regulation, regulate, regulate.
Most of the other issues were taken care of in short order with little discussion. Only the proposed change to the use permit of the Baden Baden Restaurant drew any attention at all. Owner Chris Kim made a passionate plea to allow him to expand business hours to 2 am. The denial was solidified when a spokesman for TPD related stories of stabbings, altercations and “overserving” at the establishment. That pretty much nailed the coffin shut. So, our residents that live in the neighborhood can rest relatively safe.
One interesting item heard was from Chairman Jeff Thompson himself. During “Commission Concerns” Thompson related that he attended the USC football game where he saw our newly appointed City Attorney David Kendig who waved hi to him. Thompson quickly stated, “I shouldn’t have broadcasted that because now our Mayor knows, being a UCLA graduate, that may not be a good thing.” Oh, I’m sure it was nothing. How long does Jeff have left on the Commission?
It is unfortunate that the Planning Commission Workshop was not recorded and there appears to be no way of finding out what occurred at that meeting. The issues discussed in the workshop were, admittedly, of more concern to the public than the public hearing held. Hopefully, there is a transcript somewhere and we can dig it up for you.
That’s it. another sleepy meeting of a very professional Planning Commission. Perhaps Jerry Amante could be mentored by Jeff Thompson who seems to know how to treat and respect people even when they have disparate viewpoints.
“It’s Old Town, Elizabeth”
“It’s Chinatown, Jake.” It’s a great punchline from a well known Jack Nicholson classic. And, just like that great movie, this tale encompasses dark individuals and shadowy connections in government. Most readers are familiar with the Fairbanks property, a private residence built circa 1929 in Old Town Tustin. Bret Fairbanks has been trying to sell his property, consisting of a main building and 2 apartments, because his family has outgrown the main house. Last year, he approached the city and asked for a letter, requested by a potential buyer, that would state the apartments located on the property could be rebuilt should they burn down. Of course, it had to go before the Planning Commission. So, the city staffers went to work.
In December of last year, the Planning Commission determined that some staff recommendations were unnecessary and deleted them from the proposed resolution making the Fairbanks property a non-conforming rental unit. Not exactly accurate, but close enough. After some back and forth between the commission, the city attorney and Fairbanks, the resolution was passed, 4-0. Case closed, done deal.Fairbanks had some work to do to bring the properties up to the safety standard that the Planning Commission set and everything looked like a go.
Well, not exactly.
Fast forward to the February 15, 2011 meeting of the City Council. Mayor Jerry Amante decides he doesn’t like the Planning Commission’s actions regarding Fairbank’s property and appeals to the city
council where he holds the majority (usually). The item was put on hold until March 1st, at the Fairbank’s request, presumably to prepare for the appeal by the Mayor. At that meeting, Jerry’s talking head in the Community Development Department, Elizabeth Binsack, stated that the city decided, even though the Planning Commission approved the structures on the property largely because of their historical significance, that they were just wrong. Plain wrong. Elizabeth and her staff, probably prodded by Jerry, decided that the Planning Commission, which the mayor and council appoint, was in error and the resolution allowing for the non-conforming property should be withdrawn. Essentially, she argued that non-conforming structures need to conform to code or their use could not be waived. Yes, you heard right. She essentially demanded that the resolution be withdrawn because the structures do not conform to the modern building code. We already knew that, Elizabeth. Never mind that the structures involved are historical in nature and never mind that most, if not all, homes in Old Town Tustin do not have any ascertainable permitting and are probably out of sync with the modern building code. She decided it was wrong and so it must be wrong. Of course, after a three hour debate, where the Fairbanks and their attorney presented information on the historical nature of the structures and offered to comply with the original resolution, the council -in a rare vote against Boss Tweed Amante- decided to affirm the Planning Commission’s resolution. Good deal. Done deal.
Not quite.
On March 15th, Amante brought out letters, affidavits and stones written with blood stating that, in an apparent conspiracy plot he uncovered against him and the city, everyone has been lying about this property and that the apartments, built by a former Tustin building official by the way, should not be permitted non-conforming or otherwise. In that meeting, it was clear that Amante was upset that he had been opposed and was out for revenge, regardless of the cost to Fairbanks or the rest of Old Town. Doing the bidding of her boss, Binsack continued to back him up. After his tirade against the Fairbanks property was over, the vote was taken to uphold the appeal and, of course, failed. He did gain another vote when his hit man, Mayor pro tem John Nielsen, changed coats and sided with him. Fortunately, cooler heads prevailed and the appeal was again denied. Great. Now the Fairbanks could move forward.
Except that the building department, at the Talking Head’s behest, red tagged the buildings.
Bret Fairbanks and his family have been working diligently to resolve the issues concerning the apartments. By the way, these “apartments” are far from luxurious. Speaking with Bret’s dad a few weeks ago, he said the apartments are between 300 and 400 square feet. In some homes, that would be a closet. In any case, they have, up to now, been a minor asset to the property and a significant charm to this Old Town residence. At one point during the most recent Planning Commission Special Meeting on July 26th, Bret stood in exasperation before the Commission and stated that all he ever wanted to do was to comply with the order of the Commission and get his letter so he could sell 
his property. He has, essentially, complied with all requirements but the issue appears to be that the city insists on using the modern building code instead of the California Historical Building Code, which should prevail as there is no doubt that this building and the apartments in question are historically protected. The property, including all of its buildings is listed on the Historical Registry. But, instead of working with Fairbanks to preserve this great property, the city has worked diligently to thwart him at every turn. At one point he said he was out of money because of the city’s bloodletting.
This is our city and the hardhearted, unfeeling and, apparently ignorant Community Development Department, led by Binsack, who are working against the very essence that is Tustin. Old Town used to have a conservancy that worked for both the city and the citizens who chose to live in the Old Town area. Of course, the city council could not have anything standing in the way of their “vision” for the city as a whole. The mayor and council control the Planning Commission membership (but, fortunately, not how they think). Anyone who has ever dealt with the Community Development Department (as I have) knows they can be charming while putting a gun to your head. The code enforcement believes they have a right to trample your property at will anytime they see fit if they even think a nail is out of place. If the Planning Department invites you to a meeting, my advice is to take your lawyer with you. And guess what? Your conservative mayor, who should be standing for limited government, backs them all to the hilt. Could it be because he has a real estate background? Could it be because his failed Assembly run leaves him few other career choices after leaving office? This is all the more reason why this mayor, who touts fiscal responsibility but squanders money on lawsuits against the school district and micromanages the building department, should be recalled. As the Recall Amante folks say, “How long can we afford this mayor?”
Bret Fairbanks has another hearing on this matter on August 30, 2011 at 10 a.m. in the large conference room at the Tustin Library. Let’s all wish the Fairbanks family and their supporters luck with this. I hope that in the update I provide after the hearing, I will have good news to report. In the meantime, maybe someone can whisper in Elizabeth’s ear, “It’s Old Town, Elizabeth.”
Is This a Coincidence?
I am fresh from the meeting of the Recall Amante Committee. A very cohesive group met at the headquarters of the recall effort this evening. I learned quite a bit from those who attended, including the fact the signature gathering, although having a ways to go, is coming along nicely and for the most part has been a smooth process. Signature gatherers, hampered by a recalcitrant city clerk (who now owes allegiance to Boss Tweed Amante -thanks, voters) who kicked back the petition three times before giving the go ahead after the Chili Cookoff, have spent time in each neighborhood, speaking to residents and explaining the issues. In many cases, it was reported, the petition signers were not signing for reasons stated on the petition but for reasons of their own to recall Jerry. It seems he has made a lot of friends all over town.
As I said, it was a good meeting. Late in the meeting, my good friend Dan Chmielewski of the OC Liberal Blog, rolled in to lend some advice and support. As a group of us were leaving, we observed… this: 
So, what are we supposed to think? Here we are, coming out of a meeting with the Recall Amante group and we see this Tustin Police Department canine SUV that has no discernable reason for being there, parked in the industrial park directly across from the meeting location. Is Steve Greenhut right? Have our worst fears about a secret police state evolved? Does Jerry have juice with the PD?
Worse than that, as we went along our business, two other attendees and I stepped out to the street to finish our discussion and to talk about my motorcycle that I had ridden to the meeting. As we talked, the police SUV in question suddenly peels out from the parking lot, flashing by us at high speed while….get this, the dog barks at us. Are we supposed to be intimidated? C’mon, get serious. The least the cop could have done, if he really wanted to intimidate us, was flash his Taser. Then I might be concerned. And, all this after I said such nice things about our cops the other day.
I am sure Dan has something to say about all this. I’ll post his link when he does.
What’s Happening Tonight
Well, among other things, the Recall Amante folks will be holding a support (and hopefully progress) meeting in Old Town Tustin this evening at 6pm. If you are interested in joining the team or getting an update (we are) stop by 345 W. 6th St., Old Town Tustin. I never have gotten a phone number or email so I guess they just want us to come on by, no RSVP needed. Hopefully, they will be serving milk and cookies.
That’s because their nemesis, Boss Tweed Amante, will be holding a BBQ fundraiser at Quinns Old Town Grill on August 25th. The catch is, unlike the Recall Amante group, you will have to fork over a minimum $99 per person for the privilege of cozying up to Jerry, eating BBQ and drinking from, what I suspect will be, an overpriced bar. Our experience with Quinns, as well as others from various websites leads us to believe Jerry chose Quinns (or vice-versa) due more to the owner’s penchant for dabbling in local politics rather than the food or service. Otherwise, why not go down to the famous Beach Pit BBQ a half block down? One has to wonder if it will be as successful as his last fundraiser at the Tustin Ranch Golf Club. Of course, with all the trouble Jerry has stirred with Old Town residents, you have to wonder why he even bothers coming down there. Perhaps it is to make up to them like he appears to have done with the local American Legion Post. Our friends over at the Liberal OC have expanded background on that.
So, if you were looking for something to do on a quiet Monday night, come on down and join us. I’ll be there to check out the scene and report back to you. And, please tell your friends about this blog. It is how we grow our readership.
Our Town Tustin 