Joe Felz’s Wild Ride Ends in Plea Deal

The wheels of justice in the Joe Felz case have finally ground to a halt with Mr. Felz finally taking the plea deal we all knew was coming.

After 405 days of waiting Joe Felz has finally admitted guilt to reckless driving. Of course he has been given a pass on his alleged drunk driving and his proven destruction of property by our oh-so-competent District Attorney’s office.

I wonder how many nobodies get the same treatment? I’d reckon not too many if the constant MADD awards presented to FPD at City Hall are any indication.

Mr. Felz will have to pay restitution, $390 in fines, serve 40 hours of community service, attend “victim impact counseling”, serve 3 months in the “first offender alcohol program” and spend 3 years on “informal” probation with no mandatory supervision if reading this correctly.

This is a curious case where the county and courts have agreed that Felz has a big enough of an alcohol problem to warrant going into a 3-month program. His problem, which resulted in him crashing his car and ensuing property damage somehow was not bad enough to justify taking his license away as happens with so many poor saps caught up in Fullerton’s outdoor saloon who hit nothing. Curious the way power protects power.

With the “ongoing investigation” over maybe now we can get to the truth of what really transpired the fateful night of 08/09 November 2016.

The Waiver

Gravity asserts itself…

Recently FFFF has been chronicling the goings on at the Fullerton Airport, specifically a lawsuit by a former tenant, AirCombat USA,  and the non-aviation commercial use by another tenant, Hangar 21, who is desirous of expanding its party venue. The two issues are only conjoined only because Hangar 21 was recommended by staff to move into the space that CombatUSA was kicked out of.

With enough fuel the party will get off the ground. An aviation use.

On Tuesday, December 5th, the City Council reviewed and approved the selection of Hangar 21 to occupy the space and signaled its intention to change the Zoning Code to legalize what is obviously not permitted under current zoning regulations.

The issue of Federal Aviation Administration approval of hospitality use was raised by Councilman Greg Sebourn. Fullerton Airport Manager Brendan O’Reilly, in a convoluted statement, finally got around to claiming that he had received a “waiver” from the FAA for using the airport for parties. He didn’t produce this document. Maybe we can help.

We know that back in 2014, O’Reilly communicated with the local branch of the FAA seeking advice on establishment of a non-aeronautical use in a hangar at our airport. Who this proposed lessee was we don’t know because we don’t have the attachments described in the written response from an LA FAA dude,  David Cushing. It may have been the establishment of a party venue known as Hangar 21 Venue.

Here’s what the FAA had to say:

Well, I don’t know about you, but I can read English pretty darn well. Once you strip away the cross-bureaucracy congratulations and the double-talk, the message is crystal clear: raise money to support the airport, but continue to keep non-aeronautical uses out of aeronautical areas. I don’t  know which part of an airport is non-aeronautical, but an airplane hangar ain’t it.

Is O’Reilly’s FAA waiver in reality the Cushing letter of October 2014? I can’t be sure, but that’s what the City provided when asked for documentation of FAA approval. If it is we may be heading for turbulence up ahead.

 

 

Airport Saga Continues. Does “Hangar 21” Conform To Zoning Law?

Gravity asserts itself…

In my previous post regarding recent doings at the Fullerton Airport I described a big lawsuit by a disgruntled former tenant, Air CombatUSA, and also remarked upon the propriety of the use of airport property as a party venue called “Hangar 21.” The implication was there might be some sort of Federal Aviation Administration issue. One Friend, “Order 5190.6B, Chapter 9” provided the name and place where such issues as equality access to aviation facilities are spelled out by the FAA.

Getting prepared for takeoff…

But then another of our Friends, “Little City Planner School Graduate” questioned whether such use was even legal per the Fullerton Municipal Code. I didn’t have a clue. So I looked it up.

Per Fullerton’s Zoning Map, the airport is designated “P-L,” i.e., public land. Municipal Code Section 15.25 describes permitted and CUP uses for the P-L designation. Here they are:

Bookmark15.25.020.  Permitted uses.
   The following uses are permitted in a Public Land (P-L) zone, subject to the provisions of this chapter:
   A.   Flood control reservoir areas.
   B.   Public parks and open space areas.
   C.    Public educational facilities.
   D.    Public buildings including administrative buildings, libraries, fire stations, reservoirs, and maintenance facilities.
   E.     Public parking facilities.
   F.     Public transportation facilities.
   G.    Public golf courses.
   H.    Other similar public facilities when in conformance with the purpose of this zone when recommended by the Director of Development Services, and approved by the City Council.
(Ord. 2982, 2001)

Bookmark15.25.025.  Conditionally permitted uses.
   A.   The following non-public uses or activities are permitted in a Public Land (P-L) zone when approved by and subject to conditions of the City Council:
      1.   Commercial stables, subject to the development requirements, provisions and conditions of Subsection 15.55.030.C of this title.
      2.   Open-air marketing activities including, but not limited to such activities as a cooperatively sponsored farmers market or swap meet.
      3.   Commercial agricultural production and non-retail plant nursery operations excluding cannabis cultivation as defined in Chapter 15.04.
   B.   A special event may be permitted on a property with a Public Land (P-L) zone pursuant to Chapter 8.71 or Chapter 9.12 of the Fullerton Municipal Code.
(Ord. 3227 § 3, 2016; Ord. 2982, 2001)

You will notice that there is no provision for a private party venue, no matter how tenuously tied to a legitimate “public transportation” use such as helicopter rides.

So what gives? Hangar 21 as a party spot seems to be in violation of the Code since it is not consistent with the uses described above, and since the City Council has never even tried to legitimize it via 15.025.020(H).

Trouble at the Airport?

Gravity asserts itself…

Perhaps. Big trouble. The City is being sued by a former tenant – Air Combat USA – whose owner is claiming the Airport Director conspired to keep him from renewing his lease option for another thirty years, and thus depriving him of the revenue and profit therefrom.

Here’s the complaint:

Air Combat USA vs City of Fullerton Complaint

$50,000,000 is a lot of dough, so we’ll have to watch this one. Is there any validity to the complaint? I don’t know. A lot of facts are asserted that may be very hard for the plaintiff to prove even if they are true. Some of the allegations have the ring of truth.

Unfortunately for the taxpayers, Fullerton city employees have a pretty poor track record when it come to mismanaging facilities and interfering with people they don’t care for via restraint of trade practices. And just because Redevelopment is sort of gone doesn’t mean the bureaucratic lust to play Monopoly is gone with it.

Getting prepared for takeoff…

Meantime, other airport lessees have been heard complaining about a tenant called Hangar 21 that is operating a big party space out of a hangar – a non-aviation use that may not be kosher for a general aviation airport, and that might therefore have Federal funding implications for the City.

Fish This: Burning the Budget

Some things in life are perfectly predicable.  Things like physics and math.  They’re not really that difficult to understand, but some people in our society are a little slower than others.

For example, next week there will be idiots who put a frozen turkey into a vat of hot liquid fat because #Merica.  Despite many public service announcements to the contrary, stupidity will have its unavoidable and predicable consequences.

Tonight Fullertonians will miss out on the discussion taking place behind closed doors at City Hall concerning the state of the city’s budget.  Voters won’t get to hear about the new contract negotiations designed to help the massive multi-million dollar structural deficit, the $100,000,000 in deferred infrastructure maintenance, or the equally massive unfunded pension debt.  Instead, we’ll get a null report from The Other Dick Jones ™, and the facade of all being well will continue into this year’s planned First Night festivities.

Like so many idiots with a tank of propane, recent City Councils had fair warning of the current financial crisis.  The math just isn’t that hard to understand.  Every year, every single year, since each of their elections, Fullerton has spent more from the general fund than it has taken in.  Tens of millions of dollars in reserves have evaporated.  *POOF* gone, without a trace.

At the current rate, Fullerton may be bankrupt in two years.

This Thanksgiving, while you’re enjoying your non-idiot prepared bird, I want you to remember tonight’s secret city council meeting.  I also want you to remember a meeting held just last year.

Just last year, the council authorized the largest pay raises for staff in a decade.

“The budget is balanced!” — Jennifer Fitzgerald

“Fullerton is in excellent financial shape!’ — Jan Flory

Well, the math simply doesn’t lie.  The budget was not balanced and the city was not in excellent financial shape.  Jen and Jan dunked their frozen bird and lambasted all the chronic malcontents who protested their fine stewardship.

*POOF*

Like that, Joe Felz hit a tree, and their financial bird exploded, the raging predictable disaster apparent for all to see.

Tonight the Fullerton City Council will likely authorize reducing pay and benefits for city employees, just in time for the holidays.  When this is over, some employees will have their salaries reduced or their hours cut.  Others will simply lose their jobs.  Many of those individuals are good people who do good work. This isn’t their fault, but it will be their house that gets burned down and it will be their life that gets ruined.

Now Jen and Jan, two of those responsible for dunking this turkey?  Don’t worry.  They’ll be fine.  Jen just gave herself a $9000 raise and Jan retired.

Seems just, don’t you think?

Where’s Dino? Part 2

https://youtu.be/a9KyMyo-fcA

A few weeks ago FFFF ran a post on the status on Dino Skokos, the FJC security goon and “disabled” former LA Deputy Sheriff who beat up and handcuffed a kid on campus in October, 2016. Right after the video of the event went viral, the district snapped into defense mode, placing Skokos on administrative leave and putting its lawyer to work on an in-house “investigation.” FJC President, Greg Schulz declared his dedication to reaching a conclusion of the incident.

The Schulz Factor: happy-looking but not credible…

The winter had passed; spring had come and gone. Summer was well along when in July, Schulz was directly confronted on the subject. In Schulz’s long and winding stream of nonsense a shiny pearl accidentally popped out of its oyster in the river bottom sludge: Skokos “was not going to be an employee of the district.

What that meant was anybody’s guess, and some, like me, were skeptical. Was Skokos still on leave? If so, why? Who knew?

So FFFF followed up on an earlier Public records Act request that had been ignored. When that was intentionally misunderstood we filed yet another one. And finally we finally got this:

According to this list, Skokos was on admin leave – meaning he was getting paid for doing nothing – until the end of September, two full months after Schulz said he was no longer going to be an employee of the district, and almost an entire year after he assaulted that kid.  And coincidentally (or not) that date corresponds exactly with the peculiar day projected earlier in the summer that Skokos was to come off administrative leave.

There was confusion on campus…

And here’s the last insult to public transparency on the part of Schulz & Co.: we have no idea whether Skokos is still employed by the district – whether at FJC, Cypress, district HQ, or at some other locale.

So how about it Greg? You promised a conclusion to this incident over a year ago. Did that promise include actually telling us about it?

In the likely event that no answer will be forthcoming from Schulz, you might try broaching the subject by our able and eager Trustee, Molly McClanahan, who has a long history of demanding accountability from her bureaucratic underlings.

Put on a happy face.

No, that’s not quite right, is it?

 

Our Amazon.com Problem

Anyone following my recent posts knows the City has a problem with proper usage of the VISA procurement cards.

Below, we have a door opener purchased by Fire Captain Bil Gallio and shipped to the family business — Gallio Motorsports.  Given the nature of the item, this may have been a legitimate City purchase and shipped to the wrong address.

 

Fullerton doesn’t have a centralized ordering point, or a designated person, for Amazon.com purchases.  Instead, employees order items for the City using individual Amazon.com accounts, which for most people, are probably used for personal items as well.  That means home and work purchases are co-mingled together in the same account.

That could easily explain items shipped to the wrong address if the employee making the purchase forgets to override the defaults stored by Amazon.

Lest anyone think I’m constantly throwing rocks without ever offering a solution, here you go:  Amazon Business for Government  Nearly every instance of improper spending could have been prevented using that tool.

Felz Gets a Trial Date

I’ll drink to that!

It’s been almost one year since former Fullerton City manager, Joe Felz, embarked on his infamous Wild Ride after an evening of drinking at election night parties in the Downtown Fullerton gin mills he worked so tirelessly to protect.

We all know how the drive home went wrong: Felz lost control of his vehicle on Glenwood Drive, drove over a tree, and tried to get away – in violation of the law. We also know that the Fullerton cops gave Joe a free pass and a ride home, many believe on the instructions of outgoing Cop-in-Charge, Danny “Gallahad” Hughes. That would be a crime, too – obstruction of justice, which is exactly what is asserted by District Attorney investigator, Abraham Santos.

Anyway, Felz has been charged with drunk driving by the DA, but the collusion to protect the City Manager has not been addressed and it never will be. That would set a very bad precedent, wouldn’t it?

On January 16, 2018 it looks like Wild Ride Felz is going to get his day in court as he has pleaded innocent to the charges. And since there is no evidence of his inebriation we all reckon the deal will be “dry reckless” driving, and case closed.


Rest assured, FFFF will be present to record and report the court proceedings.

Useless Conferences

I love going to conferences!

 

New procurement card policies are being implemented at City Hall this week.  That’s a good start and something to be cautiously optimistic about.

Until such changes extend to the merits of things like conferences and travel, any such reform will be of limited value because it’s all interrelated.  Employees from all departments have had a reputation of being sent to conferences, staying for a couple hours, then skipping out on the rest to play tourist, play golf, or be entertained.  Some have joked about these trips being “paycations” — as in the City pays them to go on vacation.

CalNENA is the California chapter of the National Emergency Number Association, a trade organization for 911 dispatchers.  Without any consideration for the City’s bleak financial outlook, or the value of such a trip, the Police Department sent two dispatchers to the annual conference in San Diego.  That shouldn’t be too expensive, right?

$1,467 for hotel rooms and parking, $1,200 for conference registration, $93.84 for mileage reimbursement, and probably $4,000 to 6,000 in wages, benefits, and potential overtime paid out to other employees to cover their absences.  Their union agreement has a provision that considers it a full workweek if they attend training for 3+ consecutive days.  I assume that provision applies here.

Ballpark cost of attending = $6,500 to 8,500.  So what did the City of Fullerton gain from this trip?  You tell me…

(more…)

$3900 Mini Freezer

Another day, and another reason to question the fiscal insanity at the City of Fullerton.  The Police Department paid over $3900 for this freezer which is a mere 3.9 cubic feet in size.  The typical residential refrigerator-freezer holds anywhere from 18 to 25 cubic feet, so this unit is far smaller than it appears.

The police will be quick to say how essential this is to preserve forensic evidence like DNA.  I can’t fault them for buying a unit with temperature alarms, but you know what’s funny?  Medical grade freezers used by pharmacies, similar in size and features, cost anywhere from 1/4 to 1/2 the price, maybe even less.

Wasteful spending is nothing new around here, but this serves as a great opportunity to look at the City’s flawed procurement policies.

The freezer was not purchased by the City’s Purchasing Agent.  The Police Department doesn’t think the City’s procurement rules apply to them, so they bypass City Hall in most cases, and order whatever they want themselves.

“Reasonable effort shall be made to obtain three or more competitive bids for procurement of goods or services.”  This sounds like a good policy except that it allows a City employee to solicit bids for their preferred piece of equipment, and preferred manufacturer, no matter how unnecessary or overpriced.

They didn’t get bids for a small freezer sufficient to store forensic evidence.  They got bids for this specific Follett FZR4P-00-00 freezer, which was already leaps and bounds more expensive than comparable options from other manufacturers.  Basically, we acquired the Mercedes-Benz of freezers, but that’s all fine and dandy because the Police Department got three bids as specified in the procurement policy.

There’s no excuse to overpay because somebody is too lazy to research alternatives perfectly acceptable in a similar work environment, and yet, the City of Fullerton does this over and over and over again.