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.

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…)

Fullerton PD Still Selectively Enforces the Law

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:

Joe Felz smelled of alcohol and hit a tree.
Felz went on leave for two weeks before vacating his position.
Felz then let his job with the city over “Personnel Matters“.
Jennifer Fitzgerald had the sadz when he left.
The D.A. investigator in charge blew the whistle on a cover-up.
Felz’s D.U.I. case has been postponed twice.

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.

Felz’ Plea Deal Looking Sweeter

Today Joe Felz’ attorney Bob Hickey entered North Court and had a closed door meeting with the DA and the judge. When they emerged, the pre-trial hearing had been rescheduled once again to August 14. The delays clearly represent the formation of some sort of plea deal for Felz. The whole darn thing got me thinkin’…

File photo

Plea deals occur because both the DA and the accused want to avoid the cost of a trial. Normally the DA would have the upper hand, as he has the ability to offer reduced charges and penalties. The defendant comes to the table with nothing except the ability to waste the DA’s time, at a great personal cost. Lawyers are expensive.

In Felz’ case, there was an extra card to play. Felz knew that a trial burdened the DA and the City of Fullerton with the added threat of public exposure. Police Chief Danny Hughes and Sergeant Jeff Corbett had committed obstruction of justice that night when drunk driving Felz was driven home instead of being arrested. The city and its police department needed to keep this quiet and keep themselves free from any courtroom scrutiny. Felz, on the other hand, didn’t have much to lose.

In case you forgot.

When DA Investigator Abraham Santos’ blew the whistle in May, the odds tilted heavily in Felz’ favor. For the DA, a Felz DUI trial suddenly meant the opportunity for Hickey to dig into the Hughes/DA collusion. The threat of reputational damage to both the institutions and the individual players is suddenly enormous leverage against the DA. Hell, Hickey might even be able to get Santos to testify against the DA and Hughes on the stand. Savage!

So today things aren’t looking to good for the prosecution, who’s already mired in scandal and has little to gain from pushing the Felz case anyway (what’s another DUI conviction? North Court is full of ’em.) While each delay keeps Felz unemployable for a bit longer, it also brings the promise of a dropped case or a neutered plea deal. Keep your eyes out for either one.

Kangaroo Court Transcript Reveals Felzian Development Scheme

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.

It got ugly real fast.

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.

Your honor, I do not recall…

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.

It was just a meeting.

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.

Fullerton’s Leaderless Ghost Ship

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.

DA Investigator Blows Whistle on Felz DUI Coverup

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:

DA Complaint abt Felz Case

DA Complaint abt Felz Case2

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?

Disney Danny.

The Day Nothing Happened

They say the wheels of justice turn slowly. They would be right. Today a pre-trail hearing for Joe “Burt” Felz’ DUI caper was on the docket over at North Court. Joe sent his attorney to handle the matter, who promptly asked the court to continue the case to a future date. That date is June 20.

There isn’t much else to talk about, so enjoy a little photo fun courtesy of the FFFF courtroom reporting team.

Burt’s attorney, ready to represent his many upstanding clients.
The winner’s circle
Lots of activity, little progress.
KTLA requested a camera in the court room. Denied.

 

Elevators to Nowhere – The Expensive Death March

Here is the latest installment in a series by our Friend, Fullerton Engineer, describing the sad story of the ruinously expensive elevator additions at the Fullerton train station.

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

In my previous installments I described a project that nobody outside City Hall wanted or needed, a project that would never have been contemplated without State transportation grant monies, and that had been “designed” under a 2012 contract that had ballooned to a jaw-dropping $460,000 – including a mysterious increase of 28%. The engineer – Hatch Mott McDonald completed their efforts in 2014, per their purchase order billing record. And there the project sat for a year.

Hatch Mott MacDonald PO P001258

Why? The answer is not immediately forthcoming and naturally the public wasn’t informed; but the cause of the delay can be reasonably inferred from the staff report accompanying the request to award the construction contract to Woodcliff Corporation in April, 2015. For the first time we read that the OCTA is going to authorize a shift of a million dollars from transportation parking funding – money, presumably, needed to actually build the project. And we may surmise that without the funding, money spent on the engineering/design work, money authorized over three years earlier, would have been wasted.

Please observe the complete lack of transparency in the staff report, and the omission of any history that would indicate that staff and the city council in 2011-12 had committed the City to this project without adequate funding.

And note that the staff report lazily repeats the casual assertion of increasing train ridership as the justification for the project, but offers no data to substantiate the need.

The report does indicate worrisome information. The low bid, by Woodcliff is an alarming 22% over the estimate. But remarkably, this fact does not faze city staff at all, who nevertheless recommend award; nor does it alarm our city council who approved this fiasco unanimously. Staff even admits that there are potential cost savings that could be realized if the project were rebid. But nobody cared.

What the public is also not told is that toward the end of the design completion in 2014, a firm called Griffin Structures was given $6000 to provide “constructibility” services, a function that questions the competency of both the designer and the contractor whose job it is to design and build these elevators.

Griffin Structures – Constructability Review PO P001678

Remember the name Griffin Structures. You haven’t seen the last of it.

 

 

Fullerton’s Most Useless Bridge

Yesterday, I wrote about the hideous stairs at Hillcrest Park and alluded to the City Council being asked to spend another $5.7 million on Hillcrest Park improvements.  This is Park Dwelling Fund money — an important distinction I will get to in a minute.  You can read the full Agenda Letter here.

A portion of that $5.7 million is slated for the construction of what would become Fullerton’s most useless bridge, if funding is approved next Tuesday night.  No, it won’t be painted orange, and I don’t know the exact type of bridge.

This is just a crude rendering of where the bridge would sit, scaled as best as possible using the City’s drawings.

Here’s the official drawing from the City.  The bridge across the creek is clearly visible below:

I keep scratching my head as to who would ever use this bridge.  It doesn’t align with any current or proposed trail, nor does it connect the park to crowds of people just dying to enter the “Great Lawn” as they want to call it.  The nearest City parking is FOUR spaces at Harbor and Valley View, 425 feet away.

Why would someone opt to walk another 425 feet, over the bridge, to access the “Great Lawn” when it’s right in front of their parking space?

When these parking spaces fill up, the few people desiring to use the bridge will probably just leave their cars at Ralph’s or Chase Bank — or just not bother using the bridge at all.   The next closest City parking lot at Hillcrest Park is 900 feet away on Valley View.  Either way, taking the bridge is the least convenient route to the lawn.

Second closest is the combined Hillcrest/Lions Field parking lot along Brea Blvd.  That measures out to 950 feet away on Google Earth, if, and that’s a big if, you can find parking there at all.  On the weekends, that lot is jammed full of cars with youth sports in session at Lions Field.  During the week, Parks and Recreation has the bright idea to lease parking spaces to St. Jude Hospital for employee use.  They also want to lease Lions Field to Hope International University, presumably during the week as well.  While your chances of finding parking there are questionable at this point, let’s just say you succeed.  From that parking lot, there is direct access to the “Great Lawn” without needing to use a bridge, cross the creek, or walk alongside Harbor Blvd.  A park road already exists.

As an aside, do you think it’s fair for park users to siphon parking spaces away from Ralph’s or Chase Bank and the other businesses there?  I sure don’t.

Park Dwelling Money

All of the proposed Hillcrest Park improvements are scheduled to use cash from the Park Dwelling Fund.  This is the fee charged to developers for every dwelling unit they build.

But wait a minute?  Can’t the Park Dwelling money be used for other, more reasonable purposes, besides a useless bridge?

YES.

Chapter 21.12 of the Fullerton Municipal Code covers this.

21.12.040   Use of funds.
All money collected as fees imposed by this chapter shall be deposited in the park dwelling fund and shall be used solely for the acquisition, development, improvement, and maintenance of public parks and recreational facilities in the City, as proposed by the City’s Five Year Capital Improvement Program.

 

Translation:  The $5.7 million could be used on things people actually want, such as acquiring land within Coyote Hills.

Really, people.  If you think this is a stupid use of funds, this is the LAST chance to do something about it.  The project itself has already been approved, but not the funding.  That’s what they’re seeking approval for Tuesday night.

Send the City Council an email:  council@cityoffullerton.com or attend the meeting on Tuesday, May 2, 2017 at 6:30pm and plan to speak during public comments.