Behind Closed Doors – Page 37 – Friends For Fullerton's Future

June 14, 2017Behind Closed Doors

We Get Mail ─ Jan Flory and Gretchen Cox up to No Good

Remember last year when Jan Flory claimed she was ‘retiring’ from City politics? Much to our chagrin, that never happened. Instead, she’s taken up a new calling with close pal Gretchen Cox.

A Friend was gracious enough to share a letter they plastered all over the neighborhood last month:

This isn’t some altruistic idea in the name of public safety. Gretchen and Jan simply have an aversion to the aesthetics of said land, with Gretchen living two houses away and Jan living further up the hill.

Leave it to these numbskulls to use traffic hazard as a ploy for the City to dole out money for appearances. The intersection already has a traffic signal and the frequency of traffic accidents is no worse than other major intersections across the city. Don’t like the appearance of the land? Fine. Focus on that. Don’t try to lump traffic concerns in at the same time.

What’s more, the timing of the letter is particularly obnoxious given that the property was listed for sale in February. Were they hoping to derail a potential sale so the City could swoop in and acquire the parcel?

Since the letter was written, the property has gone into escrow. What an awful way to welcome someone to the neighborhood.

June 9, 2017June 9, 2017Bad Cops

Kangaroo Court Transcript Reveals Felzian Development Scheme

by The Rambler24 Comments

Remember that quasi-judicial nuisance hearing against the Grand Inn back in April? The one where former police chief Danny Hughes went under oath and accidentally told us that Joe Felz was drunk when he crashed his car and got a ride home from the Fullerton PD?

After some wrangling down at city hall, FFFF finally got its hands on the entire hearing transcript, which you can view here.

The transcript reveals that former city manager Joe Felz did meet with developer Urban West to discuss purchasing, assembling and rezoning the four lots on Euclid and Orangethorpe to build high-density apartments, which included a large lot owned by Renick Cadillac. Unfortunately for Felz and Co., one of the lots was owned by an unwilling participant, the Grand Inn.

Coincidentally (or not), these development meetings occurred just prior to a long, expensive effort by the Fullerton Police to document the Grand Inn as a public nuisance in order to shut it down. Was the sudden crackdown on the Grand Inn related to the Felz/Renick/Urban West development deal? Of course Felz denied the accusation under oath, much like he denies being drunk when he crashed into a poor sapling on Highland. But to the reasonable observer, it stinks like hell. In Fullerton, where there’s smoke, there’s fire.

If you still haven’t connected the dots yet, consider the PD’s year-long effort to attribute nearby crimes to the Grand Inn in the context of the police department’s complete disregard for the large volume of calls stemming from the actual public nuisance that is the Slidebar.

In true Fullerton fashion, Mr. Felz could not get through the hearing without invoking his right to not incriminate himself.

Back to the development scheme – which would not be complete without the insertion of our favorite lobbyist/councilperson. In the testimony we learn that Jennifer Fitzgerald had met with Renick and Felz at least once in the early stages of this fiasco. We’ll never know the depth of her involvement with the developer, or whether she was wearing her lobbyist hat or her elected official hat at the time. But we can assume she was aware of the value of her vote, should a lucrative zone change come before the council in the near future.

Either way, Renick and Urban West seem to have given up on the deal, since Renick is now rebuilding its showrooms. But the city is stuck pursuing it’s selective enforcement action against the Grand Inn (or are they?). More taxpayer money goes down the drain while nothing is accomplished.

June 1, 2017June 2, 2017Behind Closed Doors

Fullerton’s Leaderless Ghost Ship

by Joshua35 Comments

It’s been six months since Police Chief Danny Hughes left Fullerton to go work for the mouse. Six months since the alleged cover-up that didn’t save Joe Felz from early retirement.

In that six months we had an interim Police Chief in David Hinig and an interim City Manager in Allen Roeder. Well, Hinig has maxed out how much he can be paid by CalPERS so he’s jumped ship and based on timing alone we can calculate that Mr. Roeder will be on his way out sometime in mid-July.

That will once again leave Fullerton without an official City Manager & without a Police Chief to add to our lacking Community Development Director, Museum Director and on and on and on.

It’s almost as if we can’t get great candidates in spite of having no money, a divided city council, a police department knee-deep in a cover-up scandal and on and on and on.

Why wouldn’t new people want to come on board to answer to a council that would rather build bridges to nowhere instead of maintaining what we already have in place? Why wouldn’t somebody new want to grab the tiller of the S.S. Fullerton while it’s sinking? They’ll have the full support of the council majority providing polishing the brass is the only priority on this particular Titanic.

May 26, 2017May 26, 2017Bad Cops

DA Investigator Blows Whistle on Felz DUI Coverup

by Joshua20 Comments

Add Another Item for the DOJ and State Attorneys to Investigate

The Joe Felz DUI case just took another wide turn and this time not over a tree. New allegations have arisen within the Orange County District Attorney’s Office:

One of the allegations, listed only by [investigator Abraham] Santos, involves an election night car crash by Fullerton’s then City Manager Joe Felz on Nov. 9, 2016. A Fullerton police officer, who responded to the scene, notified the city’s then Police Chief Dan Hughes, who contacted a police sergeant and allegedly told him to drive Felz home instead of arresting him.

Santos’ investigation later concluded that Hughes was calling in a favor allegedly owed by a sergeant. That sergeant, according to Santos’ claim, had once been caught having sex in a police car but was never disciplined.

“Chief Hughes covered up the misconduct by his sergeant and, when he needed him in the Joe Felz DUI/attempted hit-and-run case, (the sergeant) repaid the favor to Chief Hughes,” said the claim.

Santos’ subsequent investigation of the incident concluded that Hughes “criminally obstructed justice.” But the county never filed a charge against Hughes. Santos, in his claim, said Assistant District Attorney Ibrahim Baytieh told him, “I am friends with Chief Hughes and we are only going to be investigating the DUI and nothing else.”

Let us repeat part of that for emphasis.

“Santos’ subsequent investigation of the incident concluded that Hughes “criminally obstructed justice.””

This isn’t your run of the mill water-cooler talk either as it was disclosed in an official complaint with the OCDA’s office. Pertinent Screenshots as follows:

This seems to be par for the course for the OCDA being that Supervisor Todd Spitzer has asked the US Department of Justice to take over their operations owing to an ongoing Jail Snitch scandal amogst other trying issues. Things have gotten pretty bad at the OCDA. So much so that the U.S. Dept. of Justice, the California Attorney General & the Orange County Grand Jury are all separately investigating the OCDA for “systemic” cheating in the jail snitch program. While speculative it wouldn’t be surprising for this Felz DUI Cover-up case to be sucked into the investigations.

We in Fullerton were told time and again that Hughes reformed the department. We were told that he was the man we needed for the job. If these allegations are true it means that not only did he cover-up previous misconduct regarding officer Corbett but he then used that previous cover-up to bury another more egregious case. One cannot have a reformed department if the man in charge is not only participating in coverups but using them as leverage for later ones.

If the rot at FPD started with the head down did it permeate other parts of our city as well? If an Assistant District Attorney refused to look into Hughes owing to a personal friendship did others likewise turn a blind eye to corruption and criminal wrongdoings? Considering how often our own Jennifer Fitzgerald proclaimed her friendship to both Hughes and Felz one must wonder how much misconduct she was aware of and if she was aware did she help cover anything up while she’s been on council?

This further begs the question of how Disney feels about having a potential felon in Fantasyland?

May 26, 2017May 26, 2017Behind Closed Doors

A Day in the Life of an Assistant to the City Manager/Economic Development Manager

by Deadeye5 Comments

For a while now we’ve been trying to figure out how Nichole Bernard wrangled herself the title of Assistant to the City Manager/Economic Development Manager under the leadership of the departed Joe Felz. Even more perplexing is that nobody can figure out what she actually does all day, or what value she provides to the taxpayers of Fullerton.

Well, in an effort to shed some light on the subject, we recently got a hold of Nicole Bernard’s Outlook calendar. The documents have been dutifully provided to you below.

Nicole Bernard Calendar 2015 – Nicole Bernard Calendar 2016

According to these reports, Ms. Bernard calendared at least 80 mid-day working hours last year for the Fullerton College Foundation – not her employer – the City of Fullerton. That’s the equivalent of two working weeks. Mrs. Bernard is apparently the board president of the FCF.

Former City Manager, Joe Felz, Bernard’s patron, obviously let her do whatever she wanted, including using her office to host meetings for non-city business.

Of course running a private non-profit is not part of Ms. Bernard’s day job, but she seems to have confused the two. It’s also notable that she took home $174,102.16 in pay and benefits last year from the City of Fullerton. How much of that grandiose salary was wasted on unofficial business, we will never know. But we do know that Ms. Bernard spends a substantial amount of her work time doing whatever the hell she wants, and that’s not OK.

Readers, please feel free to peruse the calendars and note anything else of interest.

May 24, 2017May 24, 2017Behind Closed Doors

The Parks & Rec Manipulation of Public Comments

by David Curlee45 Comments

Readers of this blog know good and well the many failures of the Pine Forest Stairs at Hillcrest Park, not to mention the $724,000 bridge to nowhere that will soon become reality.

What you probably don’t know about are the shenanigans used by City Hall to influence the City Council vote.

Funding for the bridge, fountain, and “Great Lawn” improvements was approved on a 3-2 vote (Whitaker and Sebourn: No) at the May 16 City Council meeting. A couple weeks earlier, I made a records request for documentation on Hillcrest Park.

Jennifer Fitzgerald’s appointee to the Parks and Recreation Commission, Gretchen Cox, made public comments in support of the project. Having skimmed through the e-mails provided by City Hall the day before, I thought to myself, wait a minute, portions of her comments sounded awfully familiar.

As it turns out, my suspicions were correct. A week prior, Parks & Recreation Director Hugo Curiel had one of his employees, Doug Pickard, e-mail Gretchen Cox a list of “talking points” to assist her in making attacks on Councilmembers Sebourn and Silva:

Portions of the e-mail were in fact used by Gretchen Cox during public comments. Let’s go back and compare the e-mail to what she actually said. This ought to be fun! (more…)

May 18, 2017May 18, 2017Behind Closed Doors

Who Was in Charge?

by Fullerton Engineer18 Comments

During our series on the ill-fated, $1.6 million dollar “exercise stairs” in Hillcrest Park, some of our Friends correctly noted the problem of the wood support posts that had been poured into the concrete caissons that hold the whole structure up. Obviously, something went wrong. Notice how none of the posts are centered on the caissons, and some are barely two inches from the outside of the concrete, leading me to wonder how they managed to fit a rebar reinforcement inside the caisson.

From the project drawings, here is how the caisson and post are supposed to be aligned. The post centers on the caisson with 4 rebars equally spaced around it. Please notice the 3″ minimum clearance from the rebar to the outside of the concrete.

Clearly the footings and posts were built incorrectly. Obviously the caissons holes were drilled in the wrong places – and the construction manager must have agreed to let this pass. I guess we’ll just have to wait to see what happens. If the footings crack them may have to be replaced – and they weren’t built to be replaced.

This whole mess made me wonder about why the posts were sunk into the concrete in the first place – a very odd situation given that the expansion and contraction of the posts, when wet, could lead to potential concrete cracking and spalling, especially when the post is near the outer rim of the caisson.

It turns out I wasn’t alone. Here is a string of e-mails from the contractor, construction manager, and the architect discussing the redesign of the caissons and posts to a hardware connection – a solution that would make the replacement of the posts significantly easier. The contractor was willing to do this and add the necessary cross bracing at no cost to the City.

Request denied.

I wonder what will happen when the concrete caissons crack, or when the posts rot out. The architect seems to think the posts will outlast the rest of the rickety framing. I wonder which will go first.

May 17, 2017May 17, 2017Behind Closed Doors

Rusty’s Bank Account

by Deadeye28 Comments

A while back some anonymous Friend dropped off what appears to be leaked financial statements from Rusty Kennedy’s non-profit, the Orange County Human Relations Council. The files didn’t receive much attention from FFFF at the time, but this week one of our readers recently pointed out Rusty has been down at the county begging for a new $250,000 infusion to fund additional employees for his private non-profit.

OK, let’s take a look at his financial statements. If you believe that this leaked budget is authentic (I do), an additional $250,000 per year from the county taxpayers would conveniently cover the Council’s projected loss for 2016.

Now that’s not very good, is it? Running a non-profit at a 20% annual loss is cause for concern. But of course this is a private 501(c)(3), so that’s normally a problem for Rusty’s private board members to worry about.

Or is it? What if Rusty is groveling for cash at the county just pay for existing expenses, rather than hiring the three new people as promised? The group already receives substantial funding from the county and local cities. Why should the county give more money to a group that can’t balance its budget? Furthermore, it’s hard to tell if there’s any real value in Rusty’s services, or if his organization offers any sort of efficiency. Program expenses aren’t identified in this budget at all. Why not?

Here’s one clue hidden within the documents: Salaries, Benefits, and Payroll Taxes account for 98.1% of their budgeted revenue. With salaries eating up the entire budget, one might wonder if this whole operation isn’t just some make-work project for Rusty and his friends.

There’s one more concern. Rusty has collected a lot of donations over the years by pretending that his non-profit is actually an empowered county agency. Many of his donors are misinformed, which is why the county recently insisted he stop using the county logo and misappropriating the name of the similarly-named Orange County Human Relations Commission. Furthermore, there is at least one board member who hold seats in both organizations – a glaring conflict of interest that the county has yet to resolve.

Altogether, these documents paint a pretty dim picture for Rusty’s personally lucrative public/private amalgamation. Will county supervisors continue to dump money into Kennedy’s opaque and unaccountable mess of an organization? And how much are individual OC cities paying into Rusty’s perpetual self-employment apparatus? Do Orange County residents receive any real value from this public/private partnership, or is it time to scrape this useless barnacle off the county barge?

May 7, 2017May 7, 2017Behind Closed Doors

Elevators to Nowhere – Construction Begins! Oh, Wait. No It Doesn’t.

by admin10 Comments

Friends, here is another in a series of posts about Fullerton’s ill-fated “Elevators to Nowhere” series by “Fullerton Engineer”

It may have been expensive, but it sure was unnecessary…

In following the trajectory of the new elevator project at the Fullerton train station I have described a project that the public neither wanted nor needed, that had its genesis in the simple availability of “free money” way back in 2011 – six long years ago.

Although the design contract was let in 2013, the project was not bid until 2015 when the low bid came in 22% higher than anticipated. The construction contract was awarded anyway. With numerous ancillary “management” contracts, the project budget had grown to $4,000,000. By 2017 that figure had ballooned to an astonishing $4,600,000.

And yet construction didn’t start until February, 2016 and when it did it was only for some minor ADA toilet room modifications adjacent to the AMTRAK ticket office.

Woodcliff Billing #1

You can see in the project billing submitted by Woodcliff Corporation, the contractor, a few items related to bonds, mobilization and the bathroom work in February 2016 – a year after the contract bid. Nothing was billed against the elevator items at all, except for crediting the structural steel shop drawings for $55,000. Over 14 months later the structural steel has not been erected. In fact, the foundations for the steel structure haven’t even been built, as the site sits empty with minor demolition having taken place and some lighting conduit rerouted.

If any delay claims have been submitted by Woodcliff, those documents have not been shared, although delay claims are certainly coming, and escalation costs are already starting to accrue, although we don’t know how much because the costs were intentionally lumped together with other completely unrelated items in the March 2017 staff report.

As I noted in an earlier post the cause of all these delays is not known by the public because the Public Works staff doesn’t want the public to know that things have obviously gone wrong, very wrong; and, that the inexplicable and unexplained delays have finally cost the taxpayers of Fullerton directly. The money is no longer free.

— Fullerton Engineer

May 4, 2017May 4, 2017Behind Closed Doors

EV Free Lunch. Fullerton Megachurch Gives City Employees a Love Offering

by Disillusioned Ex-Hippy56 Comments

Since at least 2013, Fullerton’s EV Free megachurch has been paying for and hosting a lunch as a gift to City of Fullerton employees. Probably not coincidentally, 2013 is when EV Free congregant Jennifer Fizgerald began her first year on the Fullerton City Council. Last year the event included a tri-tip lunch and “prizes and a raffle to win gift cards to local Fullerton businesses.” These events must cost the church thousands of dollars.

http://www.evfreefullerton. com/2016/06/an-olympic- fullerton-city-luncheon/

It should be crystal clear why it’s wrong for an organization to buy lunch for city employees, one or all. This church frequently petitions the city on land use issues, and it even hires city police to manage its parking. If a business like Chevron or Red Oak Development or Renick Cadillac tried to glad hand City functionaries and employees like this, the public would be outraged. It is a clear conflict of interest for city employees to accept gifts like this.

For its part, the church ought to revisit Scripture as it relates to Pharisaical behavior. I don’t remember Jesus Christ or his disciples buying lunch for the Romans, but then Jesus didn’t have two denarii to rub together.

However, it is not our business to tell a church what to do, although we may well look askance – as when a Grace Ministries’ representative stood up at a public hearing and claimed his church’s members supported the bar owners’ districting map.

The action of the city government, led by City Manager Joe Felz, in accepting these gifts, is appalling and not only exhibited a complete lack of judgment and awareness, but placed the City in the position of a gift-receiver from an entity that does substantial business in Fullerton. If an individual were the sole recipient of this largess questions of integrity would immediately follow. That Joe Felz entangled the people of Fullerton in this situation is deplorable.

And where has our City Council been on this? MIA, as in so many other things.