If you missed it like I did Tuesday night, the Town of Apple Valley had another special meeting on Thursday of this week. I had to check Mayor Nassif’s claim that it was announced, sure enough, he announced it, but the agenda wasn’t published until sometime late yesterday. I noted the date and went to check Wednesday morning to find out what was going on and nothing was posted. It’s posted now.
I gaffed a couple of comments at the meeting. It wouldn’t be the first time, but I chewed the Council out during public comments for not publishing this meeting last week. This was intentionally done with the shortest possible time to read the documents and then make the meeting for comment. They did this intentionally as I said, so the fewest number of people would be present. The meeting started at 5:00 P.M. and I was the only person there from the public. What was on the agenda that made this thing so damn important? Well things they didn’t want you, the public to turn out for. For instance, the mundane assignment of the mayor and two alternates to represent Apple Valley at the League of California Cities 2011 conference, which is scheduled for September 21-23? That couldn’t wait, or was it just discovered that Apple Valley didn’t have a voting member selected? This required an all hands on deck, jump through hoops meeting? No, that wasn’t it. What was critical, was the other two items that had to do with getting the excess RDA money covered by putting Joe Brady’s AMCAL senior affordable housing project on the Enforceable Obligation Payment Schedule, and get the RDA staff paid as well using the same. Agenda Item Three was tabled…..so they jumped through hoops and then tabled the item???
The California Supreme Court on August 11, 2011, ruled that parts of Governor Brown’s ABx1 26 would be stayed, and ABx1 27 was stayed in its entirety. This is what necessitated jumping through flaming rings of fire. I think Asst. Town Manager of Economic Development, Mr. Ken Henderson, still had parts of his “doo” smoking as a matter of fact. So the stay was issued August 11, 2011, and the Town needed twelve days to decipher what it all meant, which is why these three agenda items weren’t part of the regular scheduled meeting on Tuesday the 23rd? Listen to his explanation on the Town’s website when Councilman Roelle asks him why this was added last minute? Ken….I only got one day to review the minutes from the same Supreme Court ruling and understood exactly what they meant by the decision. I don’t know what you are talking about in your response to Councilman Roelle, because there is nothing “technical” about it. These subjects could have been on the agenda Tuesday night- but you needed to huddle with VVEDA today at their meeting. You even handed out changes to the changes five minutes before the meeting started. You know, the EOPS with additional numbers added in blue. This whole meeting was a disaster on more fronts than you know. Allow me to explain from my perspective.
When did the Assembly and the Senate pass both of these laws? I’m referring to ABx1 26 and ABx1 27? They were passed on June 15, 2011. When did the Town Council ram….I mean, carefully consider, the “loan” agreement with Joe Brady’s buddies at AMCAL? Well that was my second gaffe this afternoon, because I said the loan agreement had never been discussed on any agenda. It turns out the Council did discuss it on the eve of Governor Jerry Brown signing into law that RDA’s can’t commit or expend anymore money. That was when the Council voted to close escrow on the Apple Valley Country Club, using restricted wastewater funds, or the June 28, 2011 meeting. The reason I missed that was I didn’t attend with the country club enthusiasts that night, because I knew my Council was going to cave in to the rabid packed house. I missed the loan deal. Well I reviewed your air tight loan deal this evening when I got home from tucking my tail at the special meeting. I encourage ALL to listen to what is said…carefully. You can fast forward to about 2:50:29 for the main course, then I want you to read the details of the loan agreement here: Loan Agreement : What is the effective date of this loan agreement counsel, since nobody has signed it and the completed formal DDA, according to Councilwoman Coleman, would be provided in August? Please listen to her comments at 3:07:15 of the audiotape on June 28, 2011. You know when it comes to RDA money, by LAW, you must hold public hearings which you never did with this last minute deal. I wonder if citizens are aware that every other city in the High Desert, while discussing participating in the “extortion” payments under the Voluntary Program Act (ABx1 27), held public hearings. All that is except the Town of Apple Valley.
What is the loan agreements effective date? Well the Council and staff were all promising all kinds of things like changing Section 2.2.2(d) to reflect the promise by AMCAL to provide the garages and that all promises are met as Mayor Pro-Tem Stanton suggested. In short, the motion and second were made after Council thought staff would correct those problems mentioned first, until your legal counsel present that evening advised that this agenda item, “needs to be moved forward”. Was that legal advice or a vote? The final vote was 3-2, with Roelle and Stanton voting no.
Now today, still with no formal public hearing as is required by LAW for expenditure of RDA funding, agenda item three discussing the First Amended Loan Agreement with the same terms, which didn’t include the changes Council had requested, was back again for another vote, and staff requesting a 180 day loan agreement extension? Not one word was changed concerning the garages. Well let’s table this was BB&K’s legal advice. Ms. Haviva Shane provided the advice today, not Mr. Brown. She was also the counsel present who “voted” on June 28, 2011 and advised the Council that this agenda item and loan agreement needed to be moved forward.
Without a formal Disposition and Development Agreement (DDA) and without any public hearings either for or against the expenditure of RDA money on AMCAL’s senior affordable housing project, the Town is moving forward. Never mind that the California Supreme Court said that ABx1 26 Sections 34161-34167 are not impacted by the stay and remain in effect. Google Division 24, Part 1.8 Sections 34161-34167 and tell me what it says? Is the Town creating new encumbrances that weren’t previously approved? Well technically, the bill didn’t become law until the governor signed it. By one whole day! Do you think some flimsy loan agreement that was full of problems as previously noted, which was on the agenda again as an amended agreement today AFTER the governor signed the bill, makes this all legal? What was the effective date again?
This time I’m not playing games with these people. Council, you can expect a shit storm coming your way in the next sixty days. If it doesn’t come, then there are no rules or laws anymore and you can expect a different kind of shit storm in the next twelve to twenty-four months. The kind that nobody really ever wants to see happen. By the way, I’m not threatening any of you personally. Rick you don’t need to sleep with your 9mm on your chest!
Remember what I told you today Mr. Henderson concerning the “what if’s”? What happens if the Supreme Court hears the arguments and rules to reverse themselves and implement ABx1 27 again? Where is the money going to come from to both proceed with the EOPS and pay the money owed to ABx1 27? It may not be unconstitutional for the governor to change back the property tax increments and return them to schools and county government. The Lord giveth, and the Lord taketh away.
Given the silence on all of the Victorville investigations, I’m pretty sure that “…there are no rules or laws anymore”…
There haven’t been any rules in Apple Valley since Henderson came to town. The Constitution, both State of California and United States, are just a annoyance to Henderson as he serves his masters. Just check his record, prior to coming to Apple Valley he was busy in other cities violation the Constitution for other masters.
Henderson is the front man for the good ‘ol boys money machine. The good ‘ol boys put him out front to violate the law so that they can use the Town of Apple Valley taxpayers to fund lawsuit defense (e.g. , Wal-mart distribution cntr. 2002,Seagondollar v. Town of Apple Valley 2004, Mansions 2008. This is just a game to him, for which is is well paid.
The minority members should stand up and protest these illegal meetings, if just for the sake of point of order. We’re headed down the wrong road.
Gregg,
I don’t think the investigation is over. It’s just been silenced locally. There was never any report from Kessler International. If you doubt me, file a public records request with the District Attorney’s office and ask them for documents that pertain to the audit since the grand jury has reported out……….you too can file under the California Public Records Act.
Dan,
I see you’ve had your legal battles over the years. I am not afraid to mix things up on that front- but I dislike stacked proceedings. I let the system do my fighting and although it is government that is fat, bloated, unfocused, and at times moving at glacial speed, it tends to crush anything that trips and gets trapped under its weight. Then like all glaciers do, it simply melts away. I don’t get too wound up over the results either way, because it is after all, fat, bloated, unfocused government we are talking about. I’ve found the costs of using this strategy to always be in my favor however.
These stories I’ve been doing are just focused on a couple of our local agencies and issues. They may seem repetitive, pointless, and boring for many of my readers, but I like to remind people of the fat, bloated, ineffective leaders we have running things around here who are engaged in glaring personal conflicts of interest. It’s almost been sixty days Mr. Ephraim since you promised Mayor Pro-Tem Stanton that things will be moving……how’s Happy Trails Villas doing?
Unlike the Daily Press, I never let a good story go without proper follow-up. Does Brooke even remember this story? Her masters reeled her in it seems. I don’t lose track of $2.1 million worth of taxpayer money as easily as our local Council does.
Just as an added note for those who listened to the August 25, 2011 special meeting. Where do the funds come from that will build the Yucca Loma Bridge that Mr. Henderson said wasn’t part of the just passed EOPS? You guessed right- the federal government……..which has not passed a budget in how long now and whose fiscal year ends when? Crushing those who trip and fall.
I do believe in the your ultimate solution theory of governmental turn-over. As for my involvement I feel there must be moments when its necessary to do more than just wave a red flag, sometimes its necessary to take it to a higher authority. Small changes that in the system is what our system is about. its about pushing and pulling that glacier, the effect have not be noticeable but there is an effect.
The failure of the Town to build the Yucca Lome bridge, while managing to spend $87 million on worthless government buildings and country clubs is a tragic example of the failure of proper prioritizing by our town leadership.
Keep up the good work.