Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the month “March, 2013”

Things to do Places to be This Week for Central Valley Citizens

Monday– Modesto’s General Plan Amendment Update is at 6:00 PM  in the Peterson Event Center 720 12th St. Modesto

A montage I (Valente Q.C.) made with pictures ...

A montage I (Valente Q.C.) made with pictures that I took for the Infobox in the Modesto, California Article. (Photo credit: Wikipedia)

The General Plan establishes policy for Modesto which affects all of the surrounding communities. The General                               Plan establishes policy direction regarding Modesto’s future growth and development. The GPA also proposes changes in both land use and street diagrams.  So if you want to have some input in Modesto’s future the time is now.   As the Farm Bureau likes to say…If you aren’t at the table you’re probably on the menu.”  It’s your chance to speak out against special interest groups and their attempt to control our future.

Tuesday– Board of Supervisor’s Meeting – Petition day, Save our Water

The BoS meets at 6:30 PM tonight at 1010 10th St.  Take the opportunity to speak out to protect the Central Valley’s water go to http://www.calsmartwater.org  and sign the petition preventing the state from stealing our water.

Wednesday–  Attend the State Water Resources Board Hearing Sacramento

You can drive up by yourself, reserve a seat on the bus, or caravan there with others. The topic is: Board Workshop – Statewide Policy for Biological Objectives in Perennial Streams. Growers, irrigators, customers and ratepayers in MercedID, MID, OID, SSJID and TID are encouraged to attend and witness the process.  We all have a story to tell and how this could personally affect your family, business or employment are all stories the State Board needs to hear.

The State Board will only ask for comments that are different from previous speakers. If you have something to add to the comments, they can be done at the meeting or written comments may be provided prior to the March 29th deadline.  For more information or to RSVP, contact Michelle Reimers at TID –mareimers@tid.org – (209) 883-8530 or Melissa Williams at MID –melissaw@mid.org – (209) 526-7390.

Thursday– There are a host of Modesto Committee Meetings and one County Meeting

                     9:00 AM- Stanislaus Services Agency also called the JPA or Animal Services 3647 Cornucopia Way.  There are nine items on the agenda including the Animal Protection Ordinance. The number you can call is (209) 342-1742 w/voicemail

                     11:00 AM – Waste-to-Energy Executive Committee & Financing Agency Meeting
Tenth Street Place, 4th Floor Room 4104, Contact Annette Byrne 577-5494  

12:00 PM – Housing Rehabilitation Loan Committee Meeting     
Tenth Street Place, 2nd Floor Room 2008, Contact David Paladini 571-5822

4:00 PM – Airport Advisory Committee Meeting     
Airport Administration Office, 617 Airport Way, Contact Katie Brown 577-5305 

4:00 PM – Disabled Access Appeals Board Meeting     
Tenth Street Place, 2nd Floor Room 2005, Contact Cindy Haynes 577-5252

Friday–  The “12th annual Cesar E Chavez Si Se Puede Empowerment Luncheon                                                               At the Peterson Event Center 720 12th St. Modesto. Tickets are $20.00 each and must be purchased before Wednesday Contact Maggie Mejia Latino Community Roundtable  (LCR)  Contact Maggie at:

mejiam3@sbcglobal.net  She lost her voice so please don’t call.
    REMEMBER,  Be an active engaged Citizen!  Don’t be one of the ones Government JUST HAPPENS TO. 

   They can only govern by ambush if we let them.

MID.. Re-writing History While Neglecting the Future -The Tom Van Groningen Story

By Emerson Drake

Let us travel back in time for a moment and visit Feb. 23rd, 2010.  MID had just voted to purchase half of its originally

Cover of "Millions"

Cover of Millions

intended share (from 66 to 33 MW) of the Lodi Energy Center.  MID had been spending money like a drunken sailor on shore leave for years on projects costing ratepayers millions of dollars.  From the geo-thermal project, to Mountain House, to TANC, to the four cities project,  all were massive losers, millions upon millions of dollars going out with almost nothing coming back in.  In less than twelve years (1998 to 2010) we went from being $200 million in debt to $1.2 BILLION.  In January of 2010, they had voted in a 7% rate increase which doomed a larger piece of the action for MID.  I was at both of those votes and was happy with neither.

Many of us had been trying to stop the fiscal bleeding for years by going to meetings and speaking out, but Tom Van Groningen,  Paul Warda,  Cecil Hensley, and John Kidd were determined to follow Allen Short down the fiscal prim rose path.  During four of those years Mike Serpa was the only voice of reason on the Board. By 2010 being able to take full advantage the Lodi opportunity was little more than a pipe dream.

Jerry Gold, MID’s financial advisor, had previously reported MID’s credit had been down graded and no one was willing to allow us to borrow more money in our present (2009)  financial condition. By 2010 we were being required to raise rates by 7% just to stay afloat.

Even our newest green energy contracts are too expensive.  We overpaid by more than 30 percent of the going rate.  This isn’t hindsight speaking. PG&E announced their newest solar contract price PRIOR to MID signing the contract.  When I pointed this out to Tom Van Groningen during the meeting BEFORE the solar vote was taken and the contract was signed with Sun Power, he said he didn’t care what PG&E signed for.  What?  Don’t care?  I made public information requests during the negotiations but MID refused to acknowledge prices being discussed.  When you see how much was left on the table (30%) there should have been an investigation.

Just so everyone understands the Lodi Energy Center (LEC) is the most efficient gas turbine power plant in the state. Its average heat rate surpasses even Turlock’s new much smaller plant. We actually could and will make money by owning it but now only half as much.

To watch Director Van Groningen be self congratulatory and preen himself for signing the contract two years earlier for  the Lodi plant was astonishing.

It wasn’t surprising to see the Bee supporting the revised version of MID’s history.  Admittedly it was closer to reality than it would have been with John Holland.  Something else of note came out of the MID meeting.  I received a response to a Public Records Request prior to the meeting.

It was about the astonishing amounts of money Allen Short, Tom Van Groningen, and Glen Wild had been funneling through Martino Graphics to lobbyist Modesto Mike Lynch.  Mike, who provides Judy Sly many of  her “editorial positions” and who was even quoted in a recent column by Ms. Sly, was a participant in the $89,500 in 2010, $227,628.69 in 2011, and $108,000 in 2012 paid  to Martino Graphic design and distributed to three different lobbyists.  Just as in 2012 Mike Lynch profited the most from the parasitic relationship with MID and Martino  than Mike Looker, and Janice Keating.  Just a few short months ago Ms. Sly was telling us  we had plenty of “extra” water to sell to San Francisco?  Now, the tune being sung by the Bee is different.

It never fails to amaze me the amounts of ratepayer money being thrown around to convince us bad is good and good is bad.

It’s going to be interesting to see if any of the MID Board members have another prior  “relationship” with political campaign consultant Mike Lynch.

I wrote the following back in Feb. of 2010

MID Goes on a Spending Spree and Maxes Out its Credit

The MID Board today authorized Allen Short to buy into the soon to be built Lodi plant for a 30 MW (Mega Watt) share.

Interestingly enough this wasn’t one of the options presented to the board or to the public.  Tom Van Groningen made the motion and despite calls from several public speakers for more information the board voted 3-2 with Hensley and Kidd being the two dissenters.

It was noted that MID has refused to make cost cutting measures such as stopping the flood of Mountain House red ink.  A concern was noted that possibly the board is going to try to slash the IBEW (International Brotherhood of Electrical Workers contract offer while maintaining the extremely lucrative pay for executives.

The Lodi plant will utilize the most efficient turbines in Northern California and would seem to be a great opportunity if only we could afford it. The MID Board has spent us into $1.2 Billion dollars in debt.  I don’t think Tom Van Groningen will be forced to sell his private plane to pay for the increase in electric rates this purchase will mandate.

MID financial advisor Jerry Gold pointed out MID will exhaust it credit capability with this expenditure.  So like families who max out their credit cards and continue to only make minimum payments our road to solvency will be long, rocky and definitely on the back of the average electric user.

Of course we remember that the board is looking at surcharges in lieu of more rate increases this year with a caveat since staff members today said they will be looking at rate increase by next year at the latest..  I’m not sure that semantics (word games) make much difference to our check books or to our bottom line it sure seems to be the direction MID is determined to go in. Surcharges and rate increases will hurt families, farmers and businesses in District.

One concern that was made public during discussions while on a break at the meeting was a question regarding MID’s potential violations of the Brown Act.  Has Allen Short been meeting in series with the board members, and just what emails have been exchanged since that particular form of communications was mentioned by several of the board members?

 

What’s on America’s Mind…Wednesday at 6:30 PM

Radio RED 104.9 FM

Radio RED 104.9 FM (Photo credit: Mahdi Ayat.)

Topics include a spirited exchange between Salida residents and Mayor Marsh, “is it rape?” a Steubenville Ohio story, how officials can manipulate crime statistics, The Modesto Bee and Lobbyist Mike Lynch, TIN CUP donation limits, Modesto’s General Plan Update, Measure “M”  vote for county pockets, MID, does government just happen to people or is it government by ambush, the animal cruelty ordinance, these and more so tune in at 6:30PM Wednesday and find out the things you really  need to know.

104.9 FM Modesto our Flag Ship station

A live or archive link for your listening pleasure:

http://www.blogtalkradio.com/centralvalleyhornet/2013/03/14/whats-on-americas-mind-with-emerson-drake

Our call in number is (347) 215-9414

What’s on America’s Mind Wednesday at 6:30 PM

Radio RED 104.9 FM

Radio RED 104.9 FM (Photo credit: Mahdi Ayat.)

Topics include a conversation regarding Salida’s contaminated water and when did Modesto’s Mayor know, the upcoming TIN CUP change proposal for lowering the contribution limits, Riverbank’s election dilemma, The Cat Abuse ordinance gets finalized, these and more so tune in at 6:30 PM Wednesday and find out the things you really  need to know.

104.9 FM Modesto our Flag Ship station

www.EyeOnModesto.com  

Our live or archive link is http://www.blogtalkradio.com/centralvalleyhornet/2013/03/07/whats-on-americas-mind-with-emerson-drake

And our call in number is (347)215-9414

Live Callers are welcome, dead ones even more.:)

Modesto’s Tin Cup Ordinance Goes to Committee Monday at 5:00

By Emerson Drake

Last adjusted in 2005, Modesto’s  Time Is Now To Clean Up Politics or TIN CUP ordinance is being voted on for the second

English: Author: Carl Skaggs This image was ta...

English: Author: Carl Skaggs This image was taken by me on January 14, 2010 in Modesto, California I hereby relinquish all rights to this photo. (Photo credit: Wikipedia)

time by Modesto’s Safety and Community Committee.  The last time the ordinance was changed the Modesto Chamber of Commerce was the petitioner.  They actually wanted to get rid of campaign limits altogether (no surprise) but a compromise was reached at the insistence of the Councilman Garrad Marsh(Marsh wanted to keep the limit at $1,000.  A donation can be made with a limit of $3,000 before a member of the city council including the Mayor, had to recuse themselves from voting on the contributor’s bill

We’ve been trying to get the TIN CUP total rolled back for several years and the requested

levels are a $1,000 contribution for council races and $2,000 for mayor with a 48 month window.  Since 2005 we instituted council districts, there by lowering campaign costs.  A council candidate has only one sixth of the city to “get the message out”  to.

In fact there is no limit,  and will be no  limit on how much anyone can donate. It just helps keep the old quid pro quo in check.  At least that’s the goal according to some, and levels the playing fields say others. It should come out of committee unscathed since it’s the wording agreed upon by the committee during their January  meeting.  The vote then was Councilmen Geer and Gunderson voting for and Councilman Lopez against.

Councilman Lopez like to say he believes someone running for Council should have the guts to ask for $3,000 yet he doesn’t. He asks for $2,999 so he can still vote for a donors project.

For the public there is NO downside to the change.  It helps to level the playing field between average citizens and deep pocketed special interest groups.

Here are the top ten contributors for the 2012 city elections.  Some of the totals would astound you, like the over $20,000 to Brad Hawn by Stephen Endsley over one year before the elections.

1  –  Dr. Steve Endsley
2  –  David Wright
3  –  George Petrulakis
4  –  Modesto Police Officers Association PAC**
5  –  City Signs
6  –  Modesto City Firefighters COPE (PAC)
7  –  Dr. Aruna Chopra including Chopra Development
8  –  Modesto Chamber of Commerce PAC (MOPAC)
9  –  Russ Newman including Newman Romano LLC
10 – Chris Tyler

After all what do a couple of City Unions, a developer under indictment, a developer not under indictment,  several lobbyists, a SCAP Director loving insurance salesman, a land use attorney,  and a Gallo In-Law have in common?

Could it be to make friends and influence people and their votes?    I heard a politician say, “Money doesn’t buy access to me or my vote.”  

My response is fine, then the limits won’t stop you from voting YES on lower TIN CUP limits.

Here is the pdf of the entire ordinance: 28221703032013111122796

Please don’t hesitate to call or email your Council representative and let them know how you feel.   Lets take the special interest money out of politics.

Tell them to Vote Yes for lower TIN CUP limits.

Modesto Crime Stats And the Mayor Says this is Better Than Salida?

Emerson Drake

Modesto California

The attached report is Modesto’s Crime Statistics for the month of December 2012 and year to date 

through December 2012. This report is presented to the Safety and Communities

Committee as an informational item on crime statistics within the City of Modesto.

                                          2011            2012             % of change

Homicide                                14                 20                +43%

Rape                                      67                 59                 -12%

Robbery                               425               450                 +6%

Aggravated Assault              907             1061               +17%

Burglary                              2121             2571                +21%

Larceny/shoplifting             5410             6906               +26%

Auto Theft                          1363             1799                +32%

Part One Crimes, with the exception of rape increased as compared to 2011.  There were six more criminal homicides reported in 2012 than in 2011.  In addition to the 20 murders in 2012, there were 4 justifiable homicides.  Of the 20 murders, 7 were gang-related.  Sixteen of the murders involved firearms. 

Property crimes (burglary, larceny, auto theft) increased 26.78% while violent crime (murder, rape, robbery, aggravated assaults) increased 12.52%.  The nationwide average for the first six months of 2012 indicates cities with similar population (100,000 – 249,000) saw an increase in property crimes as 1.9% and an increase in violent crime of 2.2%.

Part Two Offenses (forgery/fraud, stolen property, vandalism, weapons violations, vice crimes, sex offenses, drug violations, offenses against family, disorderly conduct, and other miscellaneous offenses) are up 4.17%.

The Modesto Police Department continues to monitor and address the effects of AB109 Prison Realignment.

It’s hard to believe after reading this Mayor Marsh actually suggested Modesto can provide better police protection for Salida than the Sheriff can

Is it fuzzy math or fuzzy thinking?  You decide.

Modesto’s Animal Abuse Ordinance to Council on Tuesday 3/5/12

cat-yoga

cat-yoga (Photo credit: ilexxx)

By Emerson Drake

Modesto’s Cat Killers now have reason to fear as the Modesto City Council will be voting on an update to the municipal Code.  Section 5-4-405 will be added to Article 4 of Chapter 4 of Title 5 outlawing abandonment of animals including cats.  Seems like a mouthful but it should give cat killers like Phillip Sumner and Jeff Reed second thoughts keeping from enticing pets into their yards, trapping , and then abandoning them to die a probable death of starvation.

The new ordinance will require the cats to be turned into animal services for potential recovery by their owners. Exceptions are made in the ordinance for recognized groups who capture then spay and neuter the animals.  We brought this into the glare of the public eye after hearing the heartfelt pleas of owners of missing pets taken by these animal abusers. The original story can be found at:

Modesto’s Cat Killer…Phillip Sumner

Many thanks go out to Former Interim Police Chief Gene Ballentine and Captain Mike Harris.  The on the Council to support an ordinace and to speak up in support was Councilman Joe Muratore followed by Mayor Garrad Marsh, Councilmen Dave Geer and John Gunderson and Dave Lopez.  City Attorney Susanna Acala Wood was very supportive and helpful from the beginning.

While this ordinance can’t reverse past issues it will help going forward and I hope those grieving pet owners who first brought this to the publics attention back on October 23,2012 will be able to attend the meeting Tuesday night at 5:30.

The ordinance is under hearing in the Council Agenda Hearing Item #5 for Tuesday.  The Ordinance reads as follows :

ORDINANCE NO. _______-C.S.

AN ORDINANCE ADDING SECTION 5-4.405 TO ARTICLE 4

OF CHAPTER 4 OF TITLE 5 OF THE MODESTO MUNICIPAL

CODE RELATING TO DISPOSITION OF STRAY ANIMALS

The Council of the City of Modesto does ordain as follows:

SECTION 1. AMENDMENT OF CODE. Section 5-4.405 is hereby added to

Article 4 of Chapter 4 of Title 5 of the Modesto Municipal Code to read as follows:

5-4.405. DISPOSITION OF STRAY ANIMALS.

(a) It shall be unlawful and a misdemeanor offense for any person who

contains any stray animal (including cats) found at large or on their

property to abandon the animal.

For the purposes of this section only the following definitions shall apply:

(1) “Contains” shall mean traps, corners, confines or in some manner

restricts the animal’s freedom from continuing to roam.

(2) “Stray animal” means an animal that is running loose and at large

with no owner present, and/or an animal that is trespassing on

another’s property.

(3) “Abandons” means once the animal is contained, the person

transports the animal to a location other than where it was

originally contained and releases the animal to freely roam.

(b) Within twenty-four (24) hours after containing any such animal, the person

doing so shall do one of the following:

(1) Release the animal where it was originally contained or return the

animal to the owner, if the owner is known;

(2) Report to City of Modesto Animal Control officials the fact that

such animal is contained and include the location where the animal

is contained, a description of the animal and license number of

such animal, if any; or

-1-

(3) Transport the animal to the Stanislaus Animal Services Agency

facility and provide the date, time and location of when and where

the animal was located when surrendering the animal to facility

staff.

(c) Animal Control Officers shall pick up and dispose of such animal in the

same manner as though such animal had been found at large and

impounded.

(d) This section shall not be interpreted to apply to a person or organization

registered with the Stanislaus Animal Services Agency as a caretaker for

feral cats when that person is caring for feral cats.

SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and be in

full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 3. PUBLICATION. At least two (2) days prior to its final adoption,

copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in

the City; and a notice shall be published once in

The Modesto Bee, the official newspaper of the

City of Modesto, setting forth the title of this ordinance, the date of its introduction and the

places where this ordinance is posted.

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