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.
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:
15.25.020. 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)
15.25.025. 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).
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.
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.
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.
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.
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.
The other day FFFF posted an alarming list of FPD malfeasance, misfeasance, and general dumbassfeassance that should be shocking to anybody whose head is screwed on straight. Of course that excludes people like Councilmembers Bud Chaffee, Jesus Silva, and Jennifer “Fullerton Fire Sale” Fitzgerald who got themselves elected courtesy of Fullerton’s cop union.
One of our Friends pointed out this sad tale, as reported in The OC Weekly, a story of brutal gullibility, incompetence and indifference in which once again, the FPD is responsible for the prosecution of innocent people who end up spending a considerable amount of time in the County lock-up. Andrew Goodrich has informed the public, however insincerely, that the FPD really does try to arrest the right people. But when you read the case of Josh Eddleman and Jerrie Harvey, you really have wonder.
Just doin’ his job…
The really funny part of this story (for those of us who can possibly find humor in criminal injustice), is the name of the Fullerton “detective” involved, our old pal, corpulent Barry Coffman, whom you may remember from the award winning video “Excessive Horning.”
How this dim bulb ever became a police detective must remain one of life’s grand mysteries. Right up there with the existence of Bigfoot and how sex shakedown creep Ron “My Request Stands!” Bair ever became a police detective himself.
In 2016 FPD still hadn’t pursued the real culprits in this case, most likely because doing so would prove acutely embarrassing for the professional reputation of “Detective” Coffman.
The other day FFFF ran a post on recent efforts by the Fullerton Police Department to share its Heroic doings with the public. Some were struck by the blatant and ongoing hypocrisy of the department’s alleged attitude toward DUI driving, given the fact that our former drunk-driving City Manager, Joe Felz, was given a free pass by the FPD after running off the road, plowing over a tree, and trying to escape the scene of the crime.
Sleepers, awake!
I’m struck by the constant effort of the department to spin PR yarns to make itself look good – despite all the evidence to the contrary. Get a load of the “while you were sleeping” shtick. It’s the old “we Heroes are keeping the streets of Fullerton safe while you get to sleep safe and sound – and how can you put a price tag on that?” routine. This relentless drum beat of the upbeat continues long after Chief Danny “Galahad” Hughes‘ departure, meaning that the strategy of fooling the public into mistaking a tsunami of PR for reform, is alive and well.
Anyway, I though I’d share a few other FPD activities that happened while we were sleeping, or maybe even when we were wide awake, sort of a public service announcement. Please observe the veritable FPD crime wave:
Well, now I’m completely exhausted. Please feel free to remind FFFF of any other misbehavement by our boys and girls in blue and I’ll be sure to add it to the list.
In the last week or so Fullerton P.D. has been making it extremely clear that they take D.U.I.s very, very seriously.
This isn’t really news as the City Council regularly helps present M.A.D.D. awards to officers with the most D.U.I. arrests.
Fullerton Mayor Greg Sebourn, third from left, with Fullerton PD officers being honored for their contribution in getting drunk drivers off the road. Photo by Steven Georges/Behind the Badge OC
There is very little sympathy for people who make the stupid decision to drink or do drugs and then drive. This makes sense as when you do so you’re putting not just your own life on the line but are risking the lives of anybody in your potential path.
The however, of course, is if you make such a colossally stupid decision and happen to work for the city.
Were drinking or drugs involved in the January accident and circumstances around the rolled Parks and Rec vehicle? To this day we have no information.
Better yet is if you happen to be one of the high priests of local government. City Manager perhaps. Then you can “take a wide turn” while smelling of alcohol with near impunity.
Dearly Departed Sappy McTree
For those who may have forgotten, back in March Joe Felz was charged with one misdemeanor count of driving under the influence of alcohol and one misdemeanor count of hit and run with property damage. He was charged in relation to his 09 November 2016 accident where he “smelled of alcohol” after running over a tree. Instead of being cited or arrested he was given a chance to talk to the Chief of Police, Danny Hughes, before being given a ride home. Hughes also spoke to then Mayor Fitzgerald.
Thanks to denied Public Records Requests and the burden of suing to get information the city won’t legally hand over we don’t know who called whom that night or who ordered the cover-up and obstruction of justice. We don’t know who arranged to let the City Manager escape the crimes that Fullerton P.D. and City Hall are ever so eager to wield against the commoners. What we do know is the following:
We find out on Monday if former City Manager Joe Felz will actually be prosecuted for the crimes with which he’s been charged. We’ll be watching to see if the District Attorney has any interest in actually prosecuting one of the aristocrats in our midst. More likely they plan to keep continuing the case in the hopes that anger subsides and the status quo of corruption can settle back into place. The worst thing that could happen to the Fullerton Police Department, and the sycophantic City Council, is for the truth to come out so the smart money is on a plea deal or a dropping of charges.
Something to keep in mind here is that our City Council has been silent on this whole fiasco. While it is true that the Felz case is still pending, 9 months after the accident, there is no such investigation going on with F.P.D. and the alleged cover-up. Nary a word has come from Council or the City Manager’s office. This council, all 5 of them, are perfectly fine with police corruption and a total lack of oversight. They could have demanded oversight before hiring a new chief. Or before hiring a new City Manager. They didn’t even bother to address the issue. These 5 are more worried about angering the F.P.O.A. campaign monster than doing the right thing. To add insult to injury the thin blue line would rather wallow in their own corruption than oust their “bad apples” once again proving that the whole bushel has rotted.
Nothing changed after Kelly Thomas died and nothing has changed after Joe Felz’s wild ride.
We’ve been waiting to be proven wrong on this issue. We’ve been waiting for council to demand accountability. We’ve been waiting for the council to demand oversight. We’ve been waiting for the brothers and sisters in blue to step out of the shadows and tell the truth. For 9 months we’ve been waiting and it looks like we’ll be waiting forevermore. For all of the pomp and circumstance about public service and the public good it is once again clear that our government institutions and those inside it are interested in anything but.
