Joe Felz Plea Destroys Disney Dan’s Deception

The Joe Felz Guilty Plea contains an explicit admission of driving under the influence of alcohol. This is an actual literal signed confession in his own handwriting. This can’t be good for the cops who conspired to drive Felz home instead of hold him to account for his actions. That would be (former?) Sergeant Jeff Corbett and former Chief Dan Hughes.

For those of you having a hard time reading that on your phone I’ll transcribe it:

“ON OR ABOUT 11-9-16 WHILE IN ORANGE COUNTY, I WILLFULLY AND UNLAWFULLY DROVE A VEHICLE UPON A HIGHWAY WITH WILLFUL AND WANTON DISREGARD FOR THE SAFETY OF PERSONS OR PROPERTY WHILE UNDER THE INFLUENCE OF ALCOHOL”.

While. Under. The. Influence. Of. Alcohol.

I need some help here because I cannot for the life of me manage to square that with the following as written by then Fullerton Police Chief Dan Hughes:

“The sergeant conducted the assessment and made the determination that the city manager had consumed alcohol, but did not meet the criteria of 23152(a) CVC. The city manager was driven home and his vehicle was towed.”

Why would Dan Hughes tell our city council that Mr. Felz did not meet the criteria of “23152(A) CVC” only for Felz, 405 days later, to rebuff him and admit to having done just that? It’s almost as if Hughes was lying to the city council and simply hoped this would go away on his way out of the door to Disney.

Let us be clear here for a minute and lay out the details as we know them:

  • No arrest was made at the scene of the crime. The police had Felz’s car towed and gave him a ride home.
  • No Citation was issued at the scene of the crime. Felz paid the bill for Sappy McTree, proof that he ran over public property, later.
  • No Breathalyzer was administered to the not-accused.
  • It was months later when the District Attorney finally filed charges.

Now ask yourself – In what world does Joe Felz admit, in his own writing on that plea deal, that he was driving under the influence if there wasn’t proof? That must be some damning video that the city refuses to release. Make no mistake here either – the city won’t release the video of the Felz incident unless forced to do so by the courts because doing the right thing is a foreign concept to our local government.

You add to that the allegations from former District Attorney investigator Abraham Santos that the DA wasn’t going to look into the possible criminal actions of Dan Hughes and his cabal of miscreants AND the current allegation that the Sergeant on the scene who administered the “Field Sobriety Test”, Jeff Corbett, was recently put on Administrative Leave over this very case and you have the makings of a conspiracy to subvert justice and engage in a cover-up.

I’ve put in records requests for the video from Felz’s “incident” and it has been denied by the city twice. Once under the old guard and once under the current crew. The legal reason for denying the release is 6254(f) for those who might want to know the minutia.

Essentially the city refuses to release the Felz incident bodycam/dashcam videos because they don’t have to? I don’t know because our City Attorney seems to pride himself on being a pompous ass.

From my conversations on and around this issue it basically boils down to this:

Joe Felz was friends with people and those friends don’t want him embarrassed by his own actions. We simple plebs who don’t live our lives feeding off of the government teat should just shut up and trust that our government is doing the right thing and that they have things under control. No evidence of this will be given because apparently in a Representative Democracy it is too much to ask for our government to prove their worth and not simply demand obedience of the ratepayers.

We will get no civilian oversight. We will get no details on the case. We will get no answers. We will get what they give us which amounts to lies and resentment coiffed in legalese. Well, that and Jennifer Fitzgerald’s sad, sad tears of sadness.

The trouble here is that the deference that is being afforded to Joe Felz to save him from embarrassment isn’t afforded to the little people who fall under the boot of our same government. Keep an eye on the F.P.D. Facebook Page if you want evidence of the double standard in place when it comes to haves/havenots. Here’s a pretty standard example of the dignity afforded to criminals not the City Manger:

FPD FB Double Standard

Joe Felz was City Manager which means the then Chief of Police worked with him and both were only answerable to the City Council. The same City Council who has all but turned a teary eye away from this whole issue. Even the illusion of City Council accountability has now changed with our new Chief’s new contract which actually delegates authority over the Chief of Police to the City Manager.

Let that sink in for a moment.

We have proof, in Joe Felz’s own writing, that he drove under the influence. We know from his payment for damages that he hit a tree. It is believed by many based upon photos from the scene that he attempted to flee the scene of the crime. We also know that despite all of this Dan Hughes decided to give him a pass on his criminal behavior despite not giving that pass to countless regular schmucks who mess up less in life. AFTER all of that our Council has not demanded public disclosure. They have not demanded any sort of oversight. And when the Contract for the new Chief of Police came up they opted to delegate their authority away to the position, the City Manger, who benefited from this very case of official corruption. This isn’t just not learning, this is doubling down on stupid.

It’s bad enough that we didn’t get anything positive out of such a terrible situation but we never even got a fight. Seemingly convinced of his own inability to sell an idea to the public or his fellow council members, even a basic idea like good government, then Mayor Whitaker couldn’t even be bothered to agendize anything even remotely relating to oversight or accountability in any facet of our city. To be fair the entire council is complicit in this problem, especially Jennifer Fitzgerald who was Mayor when the incident occurred, but they aren’t all running on their record of transparency for higher office so it needs to be pointed out.

BruceTransparency

This whole situation would be comedic if it wasn’t so pathetic and sad and infuriating.

A Trip Up and Down Memory Lane…AKA The Pine Wood Stairs.

“Pine Wood Stairs” looked a lot better in concept than in reality…

Back in May, FFFF documented the lamentable construction disaster of the Pinewood Stairs, a $1.6 million boondoggle created by City staff, whose construction defects were so bad and so plentiful that a reasonable person might even inquire about how we could get our money back. In fact, City Councilman Sebourn mumbled something about getting our money back, then said he was just kidding. Bruce Whitaker said nothing at all. On Facebook City Hall bureaucracy advocate Gretchen Cox cooked up a story about some alleged City “report” that exonerated all concerned.

Nine months have passed and I thought it might be interesting to revisit the site of the fiasco and share a visual tour to take another look.

Here’s a typical example of a project with nobody in charge and nobody who knows what they’re doing.

The caisson footings with the wood posts are almost all cracked; some of the posts aren’t even vertical. Some of the caissons are out of plumb, too.

Aspects of the construction reveal building that was cobbled together to make the contraption fit together.

 

Now, as then, the wooden rails are extremely rough and splintiferous.

Rough cut

The lack of quality workmanship, structural and cosmetic remains in evidence. And those fraying cable ends? Why, they’ve been taped! Of course the tape is falling off.

Simple things – like removing the cardboard tube form from the caissons seem to have eluded the City’s crack inspection team. Crack. Get it?

Basic design oversight problems were jerryrigged and never addressed properly at all.

Weird features that are nothing but potential for risk management headaches and taxpayer payouts are still much in evidence – like this trip hazard. Shrug, indeed.

Loose cables. Down the hill goes the toddler.

As usual, maintenance of  public property remains a challenge for the City. Loose ends are not their specialty.

How hard is it to keep a tree alive? Don’t bother asking. You won’t get an answer.

The effects of the inevitable pedestrian shortcuts betray both design and maintenance failure. It looked better on paper.

We have been assured by people who don’t know what they are talking about that everything was just grand about this grand failure; but, the evidence did and still does point to the exact opposite: a project that suffered from fundamental design shortcomings, incompetent and careless construction, a construction manager whose only function seems to have been to cash our check, and inspectors who were (and probably still are) a disgrace to their profession.

As you can see driving up Harbor, the City is now building its splendid new entry to the park – including a bridge – costing millions and accomplishing nothing but wasting park construction resources. Apart from the obvious uselessness of the project I have to wonder if it will suffer from the same dereliction that informs the so-called “Pinewood Stairs.” Nothing leads me to hope for the contrary.

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).

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.

Bryan Bybee Branches Out

Let’s say you are in the market for a realtor – one who may be willing to bring a certain, um, shall we say, pugnacious flavor to your real estate negotiations. FFFF may be able to help!

Here’s the real estate promo for one Bryan Bybee, a Fullerton cop who’s looking to make a little extra cash moonlighting in the real estate business:

We’ll close this deal. Or else.

So who is Mr. Bybee, you may ask? We originally introduced the Friends to this gentleman, after he rammed his police vehicle into a guy on a bike. Bybee’s name also figured prominently in a very expensive lawsuit brought by the Ortiz brothers, Luiz and Antonio,  against the City. They alleged (and alleged successfully, it seems) that Bybee and a few of his FPD cohorts beat them up for no apparent reason, threw them in the Fullerton lock-up, and charged them with fictitious crimes – charges that were eventually rejected by a jury and dropped by the DA. That fun-filled episode cost us Fullerton taxpayers a tidy $280,000.

Anyhow, like I said, Bryan’s just looking to make some extra dough on the side, so let’s give a brotha’ a break, right? If you’re looking for “boutique” real estate services and someone to bring a special brand of negotiating talent to the table, Bryan may be just be the fella to meet your needs.

 

Another Felzian Development

Word has got out that disgraced former city manager Joe Felz is working with Crittenton Services on a new “mixed-use” development on Harbor Boulevard. It’s hard to imagine Crittenden – that takes care of wayward and abused girls – being in the land development business so that doesn’t quite make sense – unless maybe it’s to build themselves a new corporate complex.

Is Felz working for a fee so he can profit from all those inside contacts he continues to cultivate after his (and our) municipal humiliation? Maybe he is donating his valuable time for the sake of the charity. Either way, it hard to see why Crittenden would think the services of Felz, who quit after getting popped driving off the road and trying to make a quick getaway, would be anything other than an embarrassment to them.

 

I’ll drink to that!

A little research shows that Crittenden has assembled quite a bit of real estate over the years. And curiously (or not) it is directly adjacent to the “Fox Block” monstrosity that never seems to go away.

If the city made a deal to get rid of the “useless” triangle parking lot, the rest of Crittendon’s property along with the covering of a flood control channel and the elimination of an alleyway would make a great apartment block.

And finally, I note that the Fullerton Redevelopment Successor Agency is holding on to $6 million for the Fox Block – vestigial redevelopment Monopoly money that will end up in some developer’s pocket.

No, You Can’t Make This Stuff Up

The other day I discovered this notice from the City. It’s a class for citizens to help their fiscal literacy. And unlike the proverbial lunch, it’s free!

Expert advice from the experts…

So let’s get this straight. The City of Fullerton, which has been incapable of balancing its budget for at least four years, and that has dipped into reserved funds to the tune of $45,000,000, and that is a couple years from insolvency, is promoting financial empowerment and estate literacy to the citizenry! How funny and unintentionally ironic.

I wonder if this free class will be promoting the benefits of a new sales or utility tax to pay all the salaries and benefits of those experts in City Hall who have dug us into this hole.

Fish This: Hughes Caught in a Lie

Disney Danny.

There’s one thing about government officials that we can always count on: they are in love with themselves.  Give a public official a platform and they’ll gladly blab about their own greatness.

Of course, most public officials are stupid.  Their self-promotion inevitably leads to self-humiliation.  Look no further than the sad case of Orange County Counsel, Leon Page.

Earlier today, the Voice of OC published an update on the still pending case involving ex-City Manager Joe Felz.  While we’re approaching the one year anniversary of Mr. Felz’s alleged hit and run while drunk, still without a scheduled trial date, a few months ago an Investigator working for the District Attorney made a formal accusation that the DA’s office was involved in yet another cover up.

The Investigator, Abraham Santos, claims his boss interfered in his investigation of Felz and the circumstances surrounding that night.  Specifically, he was explicitly forbidden from investigating the involvement of the Fullerton Police Chief, Danny Hughes.  Santos made additional claims concerning other cases, but we’re obviously more concerned with this one.

We don’t have a clear picture of what happened during and after Joe’s Wild Ride, but we do know that Hughes was contacted by phone, that he spoke with Mayor Jennifer Fitzgerald, and he spoke with officers at the scene and at the station.  We also know that the City of Fullerton has refused to hand over records concerning Hughes’s call log as well as recordings taken by officers at the scene.

According to Santos, those conversations included instructions to conceal evidence collected from the scene and Felz, to not take Felz to jail, and to drive Felz home.

Put bluntly, Santos– a public employee charged with a duty to investigate criminal activity and report on truth and facts– accuses the Fullerton Police Department and Danny Hughes of committing multiple felonies including Obstruction of Justice, which not only has the potential to send Fullerton sworn officers to prison, but to revoke their tax-payer funded pensions as well.

Someone is lying.  It’s either Hughes and the DA or it’s Santos.

(more…)