Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the month “February, 2012”

Congratulations Mayor Garrad Marsh as a New Day Dawns

Tuesday’s City Council meeting was a breath of fresh air.  Mayor Ridenour bowed out gracefully and Mayor Marsh assumed his position confidently.  He immediately set about making a few of his wishes known. 

 

During the public comment portion of the meeting I asked the council to re-visitModesto’s TIN CUP ordinance and return campaign contribution limits to the prior levels.

 

In 2005Modesto, at the behest of the Chamber of Commerce, raised the level of contribution allowed to $3,000 over a 48 month period. I believe the levels should be returned to the prior level of $1,000. 

 

In recent conversations with Chamber of Commerce leadership it has been made known the Chamber would back this adjustment of contribution levels.

 

What many people are not aware of is Mayor Marsh was one of the Council members in 2005 who voted against the increase.  It is hoped with the Mayor’s backing and the Chamber’s stamp of approval this change could come about soon.

 

To see the request go to http://www.modestogov.com/sirepub/mtgviewer.aspx?meetid=421&doctype=AGENDA

 And fast forward to 52.30 minutes into the meeting.

 

After dispensing with the consent calendar, Miguel Dinoso asked the Council to ensure firefighters and police would have at least minimal training in Spanish in the Shakelford area..

 

He also spoke out about community concerns regarding the lack of parks in the neighborhood.  Mayor Marsh responded by saying, “”we need to fix that,” simple and to the point.

 

The new logo was on display at the meeting.  On the big screen it was side by side with the old logo for and the difference was striking.  I’ve never heard of a CEO deciding to move his company to a town based on a logo, but updating ours can’t hurt.

 

Mayor Marsh was adamant thatModesto’s motto of Water, Wealth, Contentment, Health remain.

 

We have a real opportunity to improve lifeModesto, let’s join arms and take a step forward together.

Should Your Boss Control Your Access To Medical Care?

In a radical response to President Obama’s desire to make birth control readily available to any woman who wants it, Republican Senator Roy Blunt has proposed letting any employer deny coverage for any health care treatment to which they claim a religious or moral objection.  Not just a well-documented religious objection, such as birth control for Catholic women, but a MORAL objection.  This means your boss could impose his morals on your access to health care.

Your employer could choose to deny coverage for contraception, HIV treatment, vaccination, substance-abuse/alcohol counseling, blood transfusions, prenatal care for unmarried woman, or even mental illness.  Is this the answer to our problems?  Let our bosses decide what medical treatment we should have access to?

More on the War on Women….

Remember in 1960 when so many people were upset that John Kennedy, if elected, would be controlled by the Vatican?  Their fears were unfounded.  Ironic, that now so many people are upset that our current president refuses to be controlled by the Vatican, isn’t it?

The state of Virginia’s republican super-majority has passed two of the most restrictive anti-abortion bills in the country. These bills will now to go to the Senate.  One bill declares a fertilized egg a person.  The egg is fertilized prior to implanting itself in the uterus.  Implantation is when medical science considers a woman to be pregnant.  Many eggs are fertilized, but never implant themselves, are these to be considered people, too?

The second bill requires a woman wishing to obtain an abortion to undergo a “transvaginal ultrasound” prior to having the abortion done.  This is a medically unnecessary and painful, invasive procedure.  Who will be forced to pay for this procedure?  The low-income woman?  The insurance company that doesn’t want to pay for medically unnecessary procedures?

The GOP is outraged that President Obama wants to require insurances to cover birth control.  They say it is an intrusion by government into our personal lives.  I can’t think of anything more intrusive than a woman having to put her feet into the stirrups, a doctor inserting a probe into her vagina, pushing it through her cervix and into her uterus.  But the GOP in Virginia is going to try to require this.  This is the (supposedly less intrusive) government telling both a woman and a physician what they have to do before the woman can choose to have a legal procedure done.

The republican controlled House and Senate in Virginia has also declared that the state has no business urging young girls to be vaccinated (HPV) against a virus that can later cause cancer, but they have no problem with the state telling women and physicians what they HAVE to do.  Am I the only one who sees the hypocrisy here?

Del. Todd Gilbert had to apologize for his remark concerning abortions, that “in the vast majority of these cases, these are matters of lifestyle convenience.”

I have known a few woman that had abortions.  They each had their own individual reasons.  They did not make the decision lightly.  And not one of them did it for “lifestyle convenience”.

 

The Power of the Mayor, Myth or Reality?

By Dave Thomas

Good morning.  I wish the Citizens of Modesto, including our friends at the BEE would read and understand the underlying law of our City.  I have copied and pasted parts of the Modesto City Charter.  Please note that, contrary to today’s story, “Marsh: No big changes just yet”, there are certain facts:

1.  The City Mayor has absolutely no “…authority to prepare the (City) budget”.
2.  Neither the Mayor nor Council Members have any authority to place items on the Meeting Agenda.
3.  Neither the Mayor nor Council Members have any authority to speak to, influence, or request action from any City employee.  
4.  The City Manager is solely responsible for the executive and administrative duties of the City, and no one can interfere or influence him.  

Simply put, the Mayor is the ceremonial and political leader of our City, akin to a highly paid cheerleader.  He has absolutely no power or authority to DO anything.  At least, he can do  only that which the City Manager tells him to do.  The Council has no power or authority at all.  The closest you can say about the Mayor/Council is that they can refuse to pass Agenda items requested by the City Staff.  Since when has that happened?

Thus, City management will not change from what the City Manager wants to do.  At best, the Council can fire a City Manager, then hire yet another well trained bureaucrat who will continue do what ever he wants to.

Thank you, Dave

2-1.03 – Agenda.

In order to facilitate the orderly conduct of the business of the Council, the City Clerk shall be notified no later than 5:00 p.m. of the Wednesday immediately preceding a regular Council meeting of all reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council at such meeting. Immediately thereafter the City Clerk shall arrange a list of such matters according to the order of business and furnish each member of the Council, the City Manager, and the City Attorney and each department head with a copy of the same prior to the Council meeting and as far in advance of the meeting as time for preparation will permit.

The City Clerk shall mark with the word “Consent” those items on the agenda regarding which it can reasonably be expected that there will be no discussion by members of the City Council, the City staff or interested persons in the audience. At any time prior to the meeting or at any time during the meeting prior to Council action on the consent agenda any member of the City Council or the City staff or any interested person may request that a consent item be removed from the list of consent items, such item shall be taken up for consideration and disposition separately from the remainder of the consent items not so removed. In order to make clear that the vote on consent items is about to occur, the City Clerk shall read out the title or brief summary of each item marked “Consent” on the agenda to those present at the Council meeting. The presiding officer will immediately upon the conclusion of this reading advise those present that the appropriate time has come to speak on any item so read out from the consent calendar. Those wishing to speak will then confirm the consent item number or numbers they wish to address. Any such item shall be separately taken up for consideration in numerical order prior to the Unfinished Business portion of the agenda. All other consent items, whether previously removed from the consent calendar or not, shall then be considered at one time by a roll call vote after a motion duly made and seconded.

(Ord. 1084-N.S., amended by Ord. 313-C.S., Ord. 444-C.S., Ord. 1130-C.S., Ord. 1896-C.S., Ord. 2892-C.S., § 1, and Ord. 3094-C.S., § 1, effective 8-6-98)

2-1.04 – The Presiding Officer.

The Mayor shall be the President of the Council and shall preside at all its meetings and perform such other duties consistent with his office as may be imposed by the Council or by vote of the people. He shall be entitled to, and must vote, but shall possess no veto power. He shall be recognized as the official head of the City for all ceremonial purposes by the courts for the purpose of serving civil process, and by the Governor for military purposes. In the time of public danger or emergency, he may, with the consent of the Council, take command of the police, maintain order and enforce laws.

The Mayor shall preserve strict order and decorum at all regular and special meetings of the Council. He shall state every question coming before the Council, call for the vote, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. He shall sign all ordinances adopted by the Council during his presence. In the event of the absence of the Mayor, the Vice-Mayor shall sign ordinances as then 

 

2-1.22 – Council Not to Interfere in Administrative Service.

Neither the Council nor any of its committees or members shall direct, request or attempt to influence, either directly or indirectly, the appointment of any person to office or employment by the City Manager or in any manner interfere with the City Manager or prevent him from exercising his own judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager; and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately.

SECTION 800. – CITY MANAGER.

There shall be a City Manager who shall be the chief executive officer and head of the Administrative Branch of the City government. The City Manager shall be chosen on the basis of the person’s executive and administrative qualifications with special reference to the person’s actual experience in, or the person’s knowledge of accepted practices with respect to the duties of the office as hereinafter set forth. No member of the Council shall be eligible for appointment to the office of City Manager during the term for which the member shall have been elected or appointed, nor within one (1) year thereafter. The City Manager need not be a resident of the City or State at the time of appointment, but during the City Manager’s tenure of office, the City Manager shall reside within the City.
When a vacancy occurs, the Mayor shall nominate at least two (2) candidates for Council consideration for appointment to the position of City Manager. The Mayor may express to the Council a preference among final candidates. The Council shall appoint the City Manager for an indefinite term and may remove the City Manager by a majority vote of its members; provided, however, that the City Manager shall not be removed from office during or within a period of ninety (90) days next succeeding the election of a member of the Council. The purpose of this provision is to allow any newly elected member of the Council to observe the actions and ability of the City Manager in the performance of powers and duties of this office.
(As amended November 7, 1989, and February 5, 2008)

SECTION 801. – POWERS AND DUTIES.

The City Manager shall be the chief administrative officer and head of the administrative branch of the City government. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City and to that end, subject to the personnel provisions of this Charter, the City Manager shall have power and shall be required to:
(a)  Appoint and, when necessary for the good of the service, discipline and remove all officers and employees of the City except as otherwise provided by this Charter, and except as the City Manager may authorize the head of any department or office to appoint or remove subordinates in such department or office. The City Manager may also authorize the head of any department, including deputy directors, police captains and fire battalion chiefs, or other city employees as designated by ordinance, to recommend and impose discipline in accordance with this Charter.
(b)  Prepare the draft budget annually and submit it to the Mayor and Council, prepare the proposed budget annually and submit it to the Mayor and Council and be responsible for its administration after its adoption by the Council, prepare all other necessary budget documents, and prepare and submit to the Mayor and Council the Capital and Operating Mid-Year Budget Report.
(c)  Prepare and submit to the Council within ninety (90) days of the end of the fiscal year, a complete report on the finances and administrative activities of the City for the preceding year.
(d)  Review procedures relating to the assessment, levy and collection of ad valorem property taxes and make recommendations regarding the same to the Council if deemed appropriate.
(e)  Establish a centralized purchasing system for all City offices, departments and agencies.
(f)  Establish and enforce specifications for supplies, materials and equipment required by the City.
(g)  Cause all supplies purchased by the City to be inspected and a determination made that the same comply with specifications.
(h)  Prepare rules and regulations governing the contracting for, purchasing, storing, inventory, distribution or disposal of all supplies, materials and equipment required by any office, department or agency of the City government and recommend them to the Council for its adoption by ordinance. Preference shall be given to the purchase of supplies, materials and equipment from local merchants, quality and price being equal.
(i)  Enforce the laws of the State pertaining to the City, the provisions of this Charter and the ordinances, franchises and rights of the City.
(j)  Keep the Council advised of the financial conditions and future needs of the City and make such recommendations on any matter as the City Manager may deem desirable.
(k)  Make and execute contracts on behalf of the City involving budgeted or appropriated expenditures which do not exceed the amount specified by ordinance of the City Council.
(l)  Appoint advisory boards, without compensation, to assist the City Manager in the performance of the City Manager’s duty, if the City Manager deems it necessary.
(m)  Interchange employees between or among departments if the City Manager deems it proper so to do.
(n)  Immediately upon taking office, and annually thereafter, inventory and place a value on all real estate, buildings, furniture and fixtures, supplies and movable property of every kind and nature belonging to the City; and to require each officer or department head to inventory the same or any portion thereof. One (1) copy of such inventory shall be filed with the Council and one (1) with the auditor.
(o)  Be responsible for the custody and control of all City property, the custody and control of which has not otherwise been provided for by this Charter.
(p)  Perform such other duties as may be prescribed by this Charter or required of the City Manager by the Council not inconsistent with this Charter.
(q)  Sign all contracts, deeds and other documents on behalf of the City when authorized to do so by the Council or by this Charter.
(r)  The City Manager shall have the authority to transfer equipment and supplies between departments, and with the approval of the Council, sell obsolete, and unused or surplus personal property of the City.
(s)  The City Manager shall be accorded a seat at the Council table and shall be entitled to participate in the deliberations of the Council, but shall not have a vote.
(t)  The Council shall have the right to instruct the City Manager in matters of policy and the City Manager shall be responsible for implementing such Council policy. Any action, determination or omission of the City Manager shall be subject to review by the Council, but no such action, determination or omission shall be overruled or modified by a vote of less than four-sevenths of the members of such Council.
(u)  The City Manager, pursuant to Section 725 of the Charter, shall direct creation of draft written statements of Policy for each City department which is under the administration of the City Manager.
(v)  The City Manager annually shall conduct an independent, written performance evaluation of each head of a city department which is under the administration of the City Manager. Such performance evaluation shall include, without limitation, an evaluation of the department head’s performance in implementing the Council’s Statement of Policy for that department. The City Manager shall provide such performance evaluations to the Council for their review pursuant to Section 725 of the Charter. After such Council review, the Mayor may comment on the performance evaluation pursuant to Section 601(m) of the Charter.
 
(As amended April 20, 1971, November 4, 1980, November 7, 1989, and February 5, 2008)

An Infringement on Religious Freedom or Good Social Policy…

By EOM Staff

Everyone is talking about religious freedom and the need for government to stop meddling in religious affairs, such as contraception.  They are complaining that making religiously affiliated organizations, such as hospitals, provide birth control coverage is an infringement upon their religious beliefs and freedoms.  They are forgetting that decades ago the government made polygamy illegal.  Polygamy was a religious practice of the Mormon Church.  It was determined by the government (and most people agreed), that allowing men to have multiple wives went against our culture and was detrimental to society.  It was felt that women in plural marriages have a lower status than their shared husband.  That the rich and powerful men could corner the supply of eligible young women, leaving a portion of other men unable to legally have intimate relations with a woman.  This could create the circumstances for infidelity, rape and general crime born out of frustration and resentment.

Some religions believe in honor killings, but they are illegal here in America.  Are we discriminating against those religions by making it illegal to kill your daughter over a perceived disgrace to the family?  The social benefits of not allowing the murder of young women outweighs the right to religious freedom for those that believe in honor killings.

Every once in a great while, social policy that benefits a majority of citizens will take precedence over religious freedom.  No one is suggesting that a woman who doesn’t believe in birth control should use it.  Thousands and thousands of women work at religiously affiliated hospitals and schools across the country.  Most of them believe in birth control and use it.  98% of Catholic women will at some point in their child-bearing years, use birth control.

The social benefit to making birth control readily available is enormous.  There will be fewer unwanted and abused children.  There will be fewer abortions because unwanted pregnancies can be avoided.  There will be fewer children living in poverty.  There will be a lower rate of domestic violence which is often brought on by poverty.  More teen-age girls will graduate from high school and go on to college because they were able to avoid a teen pregnancy.  There will be fewer children being supported by our tax dollars because women were able to control when and how often they have a child.  Having birth control accessible to all women of child-bearing age is a win-win situation for all of us.

On a side note – religious organizations are starting to have a great amount of influence over our political system.  If this continues, religions will be running this country.  How do we choose which religioun should do so?  And if religious organizations want to have influence over our government, they should start paying taxes to it.

Government Mandates?

By EOM Staff

The conservative right is aghast at President Obama’s attempt to make birth control easily accessible and affordable for all women.  I understand the religious aspect of opposing this, however, if you don’t believe in birth control just don’t use it.  Churches, synagogues, and other religious institutions are exempt.  But I just saw Sarah Palin on the news asking “how dare the government MANDATE that we do anything? How dare they MANDATE that insurance companies pay for something?”  Funny, she supported a republican proposed MANDATE to require women wanting an abortion to have an ultrasound, listen to a fetal heartbeat and then sit through a pro-life lecture from her doctor (even if the doctor supports abortion rights) prior to having the procedure done.  This republican proposed MANDATE forces both the woman and the doctor to comply with the government telling them what to do.  If passed, would this MANDATE require insurance companies to pay for a medically unnecessary ultrasound procedure?  How would that be any different from requiring them to pay for birth control?

The conservatives are forgetting that several years ago the government MANDATED that if an insurance company covered Viagra, they must cover birth control.  Imagine the reaction of men across this country if insurances suddenly stopped paying for that magic little blue pill that they love so much!

Apparently the only acceptable government mandate is a republican one  that infringes  upon the rights of millions of American women.

Prepare yourselves men.  Your mothers, your wives, your sisters, and your daughters will take to the streets soon.  Will you support them?  Or will you sit back and let the conservatives eat away at their rights?

 

Please Don’t Sell Our Future MID!

By an EOM Contributor

Modesto and Turlock are the nucleus of our agricultural growth.  The water rights and the water are the absolute lifeblood of agriculture in the Modesto/Turlock region.  Reliable and low-cost irrigation water available to MID and TID is the main reason why agriculture is so productive in our area and farmland prices remain strong.  Irrigation water must be protected.  It provides thousands of jobs for our agricultural community and local economy, in addition to many spin-off industries.  This is an example of the multiplier effect (another example – $25 million from SF water vs. $500 million in jobs and food from our valley).  We feed the county, the state, the nation and the world with our agricultural products, all because of our water!  We are talking jobs, jobs, jobs and food, food, food!  I don’t want anyone cutting deals and messing with our water!!  As a voter and resident of this county, I certainly don’t want to see the farmers and owners and ratepayers blackmailed or short-changed with our food supply because we sold off our water.  One important reason for our nations strength and prosperity is that historically, we have always grown our own food, provided for our people and have not depended on foreign nations for it.  Along with selling our water, we would be selling our inheritance and our very soul over this issue.

On behalf of the farmers, landowners, rate payers and voters, I respectfully request that the MID board be of one mind and vote to sell NOT ONE DROP of our water to San Francisco.  MID and TID should focus on agricultural water and electricity and NOT be in the municipal water business.

If we give up our water, we are so screwed both now and in the future!

What you’ve just read was a spoken plea at a recent MID meeting by a local resident.

Attorney Frank Carson Fails his Client

By Emerson Drake

Modesto Attorney Frank Carson, a dedicated headline chaser, has allowed a client of his to be abused by the District Attorney.  He is representing (name withheld due to age) who has been charged with five felony counts for participating in a joy rides with a few friends.  His actions consisted of driving golf carts on the Grounds of Stanislaus State  University.

The carts never left the grounds but all were hit with five counts of auto theft.  This would seem to be an egregious miscarriage of justice.  But our friend Frank, despite having been paid, has as of yet to provide an active, aggressive defense. We sincerely hope Mr. Carson will turn this sad situation around and help this family.

Attempts were made to offer Mr. Carson an opportunity to explain his lack of activity but to this point he has failed to return calls.

We will be following this situation closely.

Our take on SCAP’s recent Escapades

By Emerson Drake

Some of our “finest” citizens, including Rotarians, went to Sheriff Christianson to keep Joe Gibbs out of jail after he committed a hit and run, killing a man.  The Sheriff broke his own policy of insisting on jail time and granted Gibbs an ankle bracelet.  

The Sheriff has since refused to name the individuals who requested Gibbs stay out of jail.  It’s little wonder the “investigation” is taking so long.  Has Chief Harden been approached by these same citizens?  Is that why the investigation is taking so long to move forward? Kudos to the Bee for bringing this mess to light and not let it be covered up. After all, the SCAP fiasco, just like the NSP2 intrigue, leads us all the way through city staff, up to and including current city councilman Joe Muratore.

Two city staff members were thrown under the bus, but Joe Muratore being better connected, remains as a reminder of back stage political power and Modesto’s corrupt political scene.

And the Gibbs’, well they’re still the Gibbs’.

And SCAP, it’s too corrupt to fail.  Just ask their governing Board.

And The War On Women Continues

While many members of the GOP are trying to convince us that we are engaged in a “war against religion”, the truth is that we are engaged in a war against women.

President Obama’s health care plan requires employers who provide insurance to cover birth control with no co-pay.  This makes IUDs and birth control pills much more affordable for low income women.  The only employer exemption is for churches and other places of worship whose primary purpose is to impart religious beliefs.  Religiously affiliated groups, such as hospitals, are not exempt because their primary purpose is to provide health care not to impart religious beliefs.  This is what the GOP has called the war against religion.  Now, if someone is personally opposed to birth control for religious purposes, there is certainly not going to be any pressure for them to use it.  But for a woman who happens to work for a religiously affiliated hospital, her insurance must cover her birth control, if she chooses to use it.  Surely we can all understand that controlling how many times and when she gives birth is a priority for all women.  Survey after survey has shown that 85 – 89% of Catholic women use or have used birth control, even though the Church prohibits it.   A recent survey reported that 98% of Catholic women said birth control is their business, not the business of the church.

GOP hopeful Rick Santorum would like to ban sex education and instruction about contraception from schools.  He voted against funding pregnancy prevention programs for teens and voted for the “family cap” and “illegitimacy cap” which would have financially penalized low income women for having too many children and penalized states for children born out of wedlock.  How does one justify wanting to financially penalize women for having children, and then promote taking away birth control?  He has repeated said that birth control is wrong and should not be “allowed”.

Can’t we all agree that the best way to reduce the number of abortions in this country is to promote sex education and teach teens and young adults how to prevent unwanted pregnancies?  I believe we should promote abstinence along with information about pregnancy prevention.  Teaching abstinence alone doesn’t work.  Sarah Palin promoted abstinence to her children and now has an out of wedlock grandchild.  Bristol Palin has said that she was on the pill, but didn’t take it regularly.  A little education goes a long way.

This is far from being a war on religion.  We are all free to follow any religion we choose, or no religion at all.  This is nothing but a blatant attempt by so called religious men to control the lives of all American women.

We won’t allow it.

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