The Brea Dam Denial

Trust us, the answers are buried in there somewhere…
Trust us, the answers are buried in there somewhere…

I began to question the City’s management of the Brea Dam in early 2015.

Numerous problems had one thing in common: Joe Felz‘ involvement during his tenure as Parks and Recreation Director, and then, again, during his transition into the City Manager role in 2010.   Who better to ask about these things than Joe himself?  I tried reaching him by e-mail.  After that failed, I tried calling instead.  He never returned my calls either.

Seeing that as a dead end, I requested copies of documentation from Parks & Recreation staff that I believed to be the responsibility of administrative manager Alice Loya.  Her name appeared on numerous City Council and Parks & Recreation agendas pertaining to the Brea Dam.

My initial records request was denied, in part, because they said the records didn’t exist.  I had requested from Ms. Loya very basic budget and profit/loss statements for the Fullerton Golf Course.  That’s when I knew my suspicions of mismanagement had at least some merit.  We pay the golf course expenses, yet Ms. Loya, whose job it is to supervise these things, could not produce anything of substance to justify the overall financial performance.  She instead offered what I’ve termed monthly invoicing “bundles”, so I requested a full 12 months.  This was the only way to reconcile financial performance over a full fiscal year.  I would later be shamed by the Fullerton Observer for making that request and others.  After all, I was wasting precious City staff time.

Over the summer of 2015, some friends and I studied these documents in depth, and we each came to the conclusion that something is very, very wrong up there. So wrong that, unless corrected, the US Army Corps of Engineers could revoke the lease and evict the City of Fullerton.  That could potentially force the closure of the Fullerton Golf Course, Fullerton Tennis Center, Fullerton Sports Complex, YMCA, Child Guidance Center, and Fullerton Community Nursery School — all of which occupy Brea Dam land leased from the Federal Government.  The Feds could also sue the City for failing to remit revenue.  Believe it or not, we could also face the wrath of the IRS because the bonds we sold to replace the golf course sprinkler system came with strings attached to the interest subsidy the City receives from the Feds. The list of problems just goes on and on and on…

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Felz After a Fortnight

The last official word we heard on the status of our City Manager post the Sappy McTree incident was that, besides apologizing, Joe Felz was on leave for 2 weeks.

The Official Story, if you recall, started on 15 November 2016 when the City Attorney, “The Other Dick Jones“, told us that City Manager Joe Felz would be on leave for 2-weeks which prompted Jones to ask Mayor Fitzgerald to immediately put forth an emergency motion to appoint Gretchen Beatty as “Acting City Manager” and once that was done she’d stay in the Acting City Manager position until the Council voted to remove Ms. Beatty from said position. None of this was 1) an emergency or 2) needed as legally we don’t need a City Manager but I don’t expect the City Attorney to bother with such details as State Law.

The pertinent issue is that nobody on Council bothered to ask timely questions on this matter and so the fact that there wouldn’t be a Council meeting 2 weeks later (yesterday) never came up. Now 2-weeks has passed with the next Council Meeting scheduled for 06 December 2016 and it’s at THAT meeting that the Council would have the first opportunity to remove Ms. Beatty from her Acting position in order to put Joe Felz into his chair again.

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Does that mean that Mr. Felz is back now twiddling his thumbs with nothing to do (2-weeks later as stated) or that he’ll stay gone until next week when the Council can remove Ms. Beatty from her Acting position or later due to the ongoing Felz/FPD investigation? Who knows with answers not exactly forthcoming from City Hall. We won’t even know if it’ll be on the Council Agenda until this coming Friday night.

As for the inevitable “What difference does a week make?” question I will posture that it speaks to the nature of our City Government and the way our city is run. It’s slapdash thinking & haphazard decisions over even such basic calendar items that showcases the culture in City Hall where there is almost zero attention paid to details. This sort of intellectual laziness is how we end up with unaccountable bureaucrats spending time in Las Vegas or elsewhere while the city bleeds red ink and puts our kids further into debt with only high-density boondoggles on, and blocking, the horizon in order to offset the bloated spending.

We shouldn’t have to point this sort of stuff out but our so-called leaders can’t be bothered to do the jobs they voluntarily took and that leaves us, the malcontents and rabble-rousers,  to do the job of making sure that somebody is paying attention.

Follow the Money, But How?

We’ve all heard the words “follow the money” as if said process will magically unveil itself to us. Certain insight and skills are necessary when confronted by a doozy like this one:

nicolevegas1_gb

ICSC is the International Council of Shopping Centers who held their Global Retail Real Estate Convention May 22-25, 2016 in Las Vegas, which, ironically, cost $570 to attend, the same amount of the first transaction (above).

As if taxis, bagels, and Starbucks charged to the City procurement card wasn’t enough, two days of room service at the Hard Rock Hotel made the trip all worthwhile:

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Just because there’s enough material in the City’s records to write blog posts like these… (more…)

The Weasel Words of Dick Jones Regarding Joe Felz

After tonight’s Fullerton City Council meeting all signs point to City Manager Joe Felz being out of a job, likely from early retirement after he runs out the clock on his vacation time. Allow me to explain.

Joe Felz was a no-show at last night’s Council meeting and the City Attorney, Dick Jones, relayed a nothingburger of an apology from Felz during the Open Session and said that Felz was taking a 2-week leave of absence. Mr. Jones then requested that the council agendize an emergency* item for the same meeting, last night, to appoint an Acting City Manager which they did.

There is zero reason to appoint an Acting City Manager if somebody is on a voluntary leave for 2 weeks. Do we appoint an Acting City Manager anytime the City Manager goes on vacation? No. Was it an emergency? No. This is ridiculous. How ridiculous you ask? Well…

Pursuant to California Government Code we don’t even NEED a City Manager owing to Fullerton being a General Law City.

36501.  The government of a general law city is vested in:
   (a) A city council of at least five members.
   (b) A city clerk.
   (c) A city treasurer.
   (d) A chief of police.
   (e) A fire chief.
   (f) Any subordinate officers or employees provided by law.

Notice that there is no “City Manager” on that list.

So our City Council just appointed a person, Gretchen Beatty, to a position that we don’t even legally need because our City Manager is on a 2-week leave. Funny how the City Attorney missed that little nuance in the law or as I like to call it – his job. Dick Jones asked that a non-issue be agendized unless of course more is going on behind the scenes that can’t be discussed with us common rabble known as residents.

Now here’s where the weasel words really come into play. Mr. Jones stated that Gretchen Beatty would be acting City Manager not until Felz came back from leave but rather until the City Council relieved her. He’s a lawyer who chooses his words carefully so this means something.

To really drive this point home it should be noted that during Public Comments people spoke up about the Joe Felz / Sappy McTree incident and Mr. Jones made a point that the details of the investigation couldn’t be released until this “Personnel Matter” is resolved. He also said that it was an ongoing criminal review and it would go to the D.A. for a “Potential Criminal Prosecution”. Further he said, and Mayor Fitzgerald asked him to repeat, that the Bodycam footage couldn’t be released pursuant to California Government Code 6254F.

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A Sober Take on the FPD & Joe Felz

I’ve gotten some praise and taken some heat personally for being a part of bringing this blog back online after it’s hiatus because anybody who knows Fullerton politics knows that F.F.F.F. has it’s fans and its detractors. When I found out that there was a new owner I was excited and more so when asked if I wanted to participate as F.F.F.F. gives me an outlet to continue the writing I was doing on my own site without feeling like I’m still running for office.  We were still in the planning stages when that memo from Chief Hughes popped up and now we’re off to the races.

We need to understand the context of this memo and why it matters lest the city sweep it under the rug and further erode trust in government.

To start we must admit that City Manager Joe Felz is culpable for his actions on the night of his accident but he is also culpable for the stain he has just put upon our city after 30+ years of work and it’s somewhat sad when a career might end in a downward trajectory. I barely know Joe Felz and up until now my interactions with him included me giving him grief to prove a lie the Mayor keeps telling about our roads. That said I have no personal animus towards him but the actions the night of the election by him and members of F.P.D. require due diligence and honest brokering of information which are two things constantly lacking from all levels government. For the sake of argument let us pretend that the most absurd rumor coming out of City Hall is true and he simply blew a tire coming around a turn and he was perfectly sober.

Felz himself, and the F.P.D. specifically, should have done everything in their power to remove any doubt or suspicion or wrongdoing to mitigate the allusion of impropriety, special treatment or worse. If he blew a tire and ran down Sappy McTree he could have left his car where it was and called AAA. He could have moved his car off of poor Sappy and parked and called AAA. Instead he decided to try and drive away and likely home. When Police arrived they could have done their jobs without getting the Chief involved until AFTER their initial assessments and inspections.

This isn’t armchair Monday morning quarterbacking or simple 20/20 hindsight because this is their job. Felz is the top man in our city and the F.P.D. has policy for this type of accident which we’ll get to in a minute. Everybody involved in this incident is paid handsomely to do their jobs and will help bankrupt our town with their pensions from these jobs so at a minimum we should expect that they do their jobs when called to a scene.

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The Chief is Gone Long Live the Chief

It’s now been a day since Chief Dan Hughes left us to go work for the Mouse. After all the praise he’s been showered with it’s time somebody said what too many of us are thinking and that’s that if the FPD stinks it stinks like a fish from the top down so we’re gonna take a quick look at the top.

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First let us recall the letter to Joe Felz from Benjamin Lira outlining Hughes place in the chain of command corruption.

Dan Hughes didn’t think there was a problem with the FPD because he was a part of the problem and he certainly didn’t see a problem after he took over and made some changes that we can’t fully verify because of records laws and access that only our betters get. Some go as far as to claim he said the video of Kelly Thomas being beaten to death “wasn’t that bad”.

Dan Hughes was so confident in the goodness of his department that he was under the impression that only a vocal minority lost favor with the Police Department after the Thomas beating (Rincon, Mater, Major, Hampton, Nguyen, Mejia, et cetera). A vocal minority.

The actions of the FPD are what spurred the recall. FPD beat a man to death and then the council majority sat on their hands. Remember the recall? It led to three of those City Council Members being removed from office by a factor of 2-1. If only a vocal minority was against the Police than a even smaller minority was in favor of them going on this metric.

Hughes was the head of the Patrol Division at the time of the Kelly Thomas murder and said nothing as Spokesman Andrew Goodrich lied to the people of Fullerton about the boo-boos that FPD sustained in the process of their fucking up a guy, as Ramos promised, who committed the heinous crime of being homeless.

Manny's Boo boo
Manny’s Boo boo

Hughes was on the same police force that the Genacco report said suffered from a Culture of Corruption and he did nothing on record to stop it. If there was a Culture of Corruption he was a part of it for 20+ years before we could prove it existed to enough people to notice. To pretend that he wasn’t a part of the problem is naive.

On his way out the door we learn that the FPD arrested a couple for being victims of a crime based on the word of actual criminals because apparently police work, like looking at the video that exonerates the true victims, was just too hard for this pillar of our community and his reformed department.

We Also learned on Wednesday that Chief Hughes left a parting gift for City Manager Joe Felz. Felz got to get away with an alleged DUI, if nothing else he got at least got away with destruction of city property because we’re told, well nothing. We’re told nothing. The only reason you know anything about this story is because we here at FFFF got ahold of a memo from Danny boy himself. It’s all hush-hush and will remain that way during the closed session at council on Tuesday.

Speaking of secrets.

Did you know that we already have a new Interim Chief? You’d think we residents would be allowed to know who’s running our Police Department. Suckers. You’re allowed to know what they tell you you’re allowed to know and when they tell you if they bother to even tell you. The ink is probably already dry on the contract and we don’t even know if it was legally opened up to candidates. Wanna bet that the Council rubber stamps the new Chief behind closed doors too?

The good thing for Disney and their new VP of Dineyland Security and Emergency Services is that at least he’ll have fewer DUIs to cover up for his bosses now that the House of Blues has left Downtown Disney.

Fullerton’s Real Volunteer of the Month: the Taxpayer

Forbes Magazine has a very timely look at some of the highest paid city managers in California. Look who made the list at number 10?

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And note that this is before the $10,000 savings from having to avoid the cost of defending a potential DUI charge is factored in.

Of course this just scratches the surface of Fullerton Taxpayers’ generosity, because Felz is only our third highest paid public employee, and he was the fourth highest paid the night of the Sappy incident. The highest, of course, was the man who made sure he would never be charged in the first place.

Doug Chaffee owes us all his parking space for the next meeting.

Thanks to Jack Dean at Fullerton watch for the heads up on the full article from Forbes, found here: I strongly recommend reading the entire piece to get a sense of the scope of waste in California government in general.

Taco Tuesday. No, Wait, That’s Not Right…

Here’s a tidbit from Tuesday’s upcoming Fullerton City Council Closed Session Agenda. The Closed Session is where the council secretes itself away from public scrutiny to discuss lawsuits and personnel and real estate deals.

felzonagenda

#2 deals with the replacement of of our recently departed PoChief, Danny Hughes, who was last seen applying his fingerprints all over a case involving helping out a pal in serious trouble.

#4 deals with the “performance evaluation” of the very person Hughes helped out – his boss, City Manager, Joe Felz, who was seen early Wednesday morning swerving down Glenwood Ave on his rims, after ploughing over a tree in the parkway, unable to negotiate the intersection at Highland Avenue in a, um, er, ahem, competent manner.

Things were going smoothly. At first.
Things were going smoothly. At first.

I’ve got it on pretty good authority that item 4 was agendized by the City Attorney; but at whose behest? Will the topic of Mr. Felz’s Wild Ride come up? How about the apparent cover up that is now being investigated not only by us, but by numerous mainstream media outlets?

Could there be action taken? If there were we would never know, because this is  “personnel matter” not a criminal one – as the very same City Attorney has informed the media.

“Personnel Matter” is Bureaucrat for “Misdemeanor”

Both The OC Weekly and The OC Register have picked up the Uber-Failus story of Joe Felz.

According to The Register the City Attorney, Greg Palmer, said “the incident is a personnel matter but declined to elaborate”.

Let us look at that “Personnel Matter” shall we? First we’ll reference our fallen Sappy McTree.

Dearly Departed Sappy McTree
Dearly Departed Sappy McTree

According to Chief Hughes’ memo to City Council “the city manager was involved in a minor single vehicle collision”. Okay. That explains the tree but not what happened.

For context Sappy McTree is knocked down facing West which means that he left this mortal coil after being struck from an Easterly direction. The following is a photo of a skid mark which starts near Sappy’s remains and continues west.

Fleeing the Scene?
Fleeing the Scene?

It continues for 176ft. How do we know? Because we measured it.

176ft Skid Mark
176ft Skid Mark

“So what?” some of you will comment. The “So What” is California Vehicle Code 20002 (emphasis mine):

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