Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the category “Uncategorized”

“What’s on America’s Mind” Wednesday Night at 7:00PM Pacific

Official seal of County of Stanislaus

Official seal of County of Stanislaus (Photo credit: Wikipedia)

Did MID’ Directors Tom Van Groningen and Glen Wild vote yes to save face to stop the water sales? Have you heard about MID’s Allen Short wanting to spend $30,000 on his outer office furniture? Is Judy Sly intentionally misleading the citizens of Salida about the annexation?  Are we seeing the beginning of the demise of the bail bond industry in Stanislaus County?  The heart warming story of four homeless men who rescued a 15-year-old girl from a sexual predator.  What is it about the veteran’s job bill made Republicans vote against it?

Join me tonight won’t you.

Wednesday night at 7:00 PM Pacific

http://www.blogtalkradio.com/centralvalleyhornet/2012/09/20/whats-on-americas-mind-with-emerson-drake

Our call in number is 347-215-9414

MID Board Votes 5-0 to Kill Water Sale With San Francisco

Seal of the City of San Francisco for fair use...

Seal of the City of San Francisco for fair use to illustrate the article about San Francisco, California. (Photo credit: Wikipedia)

By Emerson Drake

After emerging from closed session Board President Tom Van Groningen made the following announcement.

Based on information received from the City and County of San Francisco, the MID Board of Directors directed staff and General Counsel to discontinue further negotiations regarding the proposed sale of water to the City and County of San Francisco.

We’ve filed a Public Information Request for SFPUC’s letter to MID but apparently they refused MID’s request to change the contract’s language regarding the right of first refusal and being first to receive the contracted amount during a drought.

I’ll write in more detail regarding today’s meeting later. 

Congratulations for all of those who stood their ground and fought against the proposed sale.  Well Done.

Gregg Nyhoff’s SCAP Investigation ?

By Emerson Drake

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)

In April 2011, Councilman Dave Lopez  went to see Modesto’s City Manager (C.M.) Gregg Nyhoff with concerns about the Stanislaus Community Assistance Project (SCAP) and excessive compensation to Joe Gibbs, the Development Director for SCAP.  Joe received $195,860 and was in line to receive $431,471 more. 

But we aren’t trying to rehash SCAP or the NSP2 problem, but are here to discuss Mr. Nyhoff’s investigation or lack thereof.  We presented Modesto with a Public Information Request to see all of the documents relating to the city manager’s investigation.  The extremely sad part is their response contained only one page after four plus weeks of the City Managers investigation.  It’s almost as if he were avoiding leaving a paper trail.

I  had occasion to discuss this with C.M. Nyhoff and his response was “well I did make some phone calls.”  Further inquiries suggested the calls were to city staffers.  Can you imagine Councilman Lopez comes to him with a major concern about potential fraud or malfeasance and Mr. Nyhoff, at the very least, sits on his hands?  Little wonder the Councilman felt the need to go to the Bee.

The lone page from the email we received is dated May 26, 2011, just two days before the Bee broke the story and more than one month AFTER Councilman Lopez spoke to Mr Nyhoff.  So despite the City Manager’s protestations, NOTHING was written down until the city was aware the Bee was going to publish SCAP’s short comings and then only to enlighten  SCAP.  Modesto City employee Judith Ray is warning SCAP employee Marcia Bradshaw that the Bee reporter has been a “consistent antagonist toward recovery act programs in general and NSP in particular and we can  be assured of a negative bias when it comes out.”

So just how thorough do you believe Nyhoff’s investigation was?  To my way of thinking all he did from the beginning was circle the wagons to protect himself and his staffers.  After all he is the city manager and the buck stops there.  At least for a few minutes before the Council gets involved.

Knowing all this and reading  the way the City responded to the Grand Jury report was just too much to stay quiet about.  If Councilman Lopez hadn’t gone to the Bee none of the malfeasance would have been uncovered.  Joe Muratore might have been able to keep the $62,500 he was willing to risk his position on the council for, and indeed his freedom. Profiting from HUD money as a Councilman is a felony and Joe Gibbs would be $431,471 dollars richer and he and his wife would still be in charge of SAP despite their questionable tenants.

Here is Nyhoff’s written  investigation.

 SCAP

The city’s response to the Grand Jury

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The Grand Jury’s findings

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After reading all of the information it’s reasonable to come to the opinion that Councilman Lopez stood up against those who would participate in a cover-up and spoke out to shed the light of day on a serious problem and uncovering a potential  misuse of public funds.

The discussion can be heard about 1:10 minutes into the Council meeting.  The following link will take you there.

http://www.modestogov.com/sirepub/mtgviewer.aspx?meetid=457&doctype=AGENDA

The War Goes On…and on….and on…

English: Hobby Lobby store in Stow, Ohio

English: Hobby Lobby store in Stow, Ohio (Photo credit: Wikipedia)

By Gaetana Drake

The most recent attack on American women comes from a nation-wide chain of craft stores.  Hobby Lobby has over 500 stores in 41 states and employs over 13,000 people.  The chain is owned by the Green family, who has now filed a lawsuit concerning insurance coverage for birth control.

Twenty-six states already required insurance to cover birth control prior to the Affordable Care Act being passed.  There have been no lawsuits filed in those states requiring such coverage.  The majority of the states that have this requirement, have an exemption for “religious” employers.  Maybe I’m mistaken, but I believe that by “religious” employer, they are referring to a business whose basis is religion.  A religious bookstore, for instance.  Most of these states have had these requirements in place for many years, without a problem.  It’s just since the far-right extremists started this war on women, that other employers are trying to deny basic health care coverage for women.

Hobby Lobby doesn’t have a problem with all birth control methods.  They are objecting to the ones they believe cause “abortions”.  That includes the pill and the IUD.  These methods don’t stop an egg from being fertilized, they simply prevent the fertilized egg from implanting itself in the lining of the uterus.  They also happen to be the most commonly used and most effective forms of birth control.

The Affordable Care Act has exemptions for “religious” employers, those being ones whose primary purpose is the promotion of their religious beliefs.  I just don’t see Hobby Lobby falling under that category, do you?

I’ve been in the Hobby Lobby store in Modesto.  It’s a great store.  It certainly doesn’t give the impression of being a “religious” store.  I had planned to purchase some Christmas decorations there.  I’ll be doing that shopping at Michaels now.  I will not spend my hard earned dollars at a place that denies basic health care coverage to the vast majority of its employees.

I wonder what the next step will be?  Will there be a religious test to work at Hobby Lobby?  What other parts of their religion will this family try to force onto its employees?

If you work for a business owned by a Mormon family, will they deny health care coverage for the illnesses caused by tobacco and alcohol use?  The Mormon faith doesn’t allow the use of alcohol and tobacco.

Many people argue that the problem is letting the government mandate what an employer can or can’t do.  The government already mandates that an employer can’t sexually harass an employee, or discriminate based on the many protected categories (race, religion, sex, sexual orientation, ethnicity….).  In many religions practiced right here in the U.S., females are considered subservient to males.  Would we allow that religious belief to spill over into the workplace?  The government “mandates” many things that benefit us all.  Overtime pay and safe work environments, to name just two.

I have nothing against any religion.  But I believe religion should be practiced in your church and your home.  Not the workplace, particularly when it is to the detriment of your employees.

Women make up 51% of U.S. citizens.  We also make up 53% of registered voters.  I think it’s a safe bet to say they make up over 65% of Hobby Lobby employees.  I wonder how those employees feel right now.

I may be a bit misguided here, but I would think that any employer would look at this from an economic point of view.  I used to work for an employer who did not provide coverage for birth control.  I actually kept track of how many unplanned pregnancies occurred in our workforce each year.  We would cover the pregnancy, the hospitalization, the well-baby check-ups and continue coverage for the child up to the age of 19.  The employer had a “self-funded” insurance plan, meaning that we simply paid a company to administer the plan, but up to a certain dollar amount, the employer paid the medical bills incurred by employees.  We could have saved tens of thousands of dollars every single year I worked there if we had just covered birth control.  We could have saved additional payroll expenses by not having to have replacement workers for the women who were on leave to have babies.

It is so much less expensive to cover birth control than it is to cover unplanned pregnancies.  It’s simple economics.  You save money and you have happy employees because they are able to control their reproductive lives.

Guess when my former employer finally decided to cover birth control?  You got it…when Viagra came on the market!  And why was that?  Because Viagra was something men wanted!  Well, pay attention – women want birth control!

And on a side note – Rick Berg, a candidate for the Senate from North Dakota….voted for a bill that would sentence women who have abortions (and the doctors who provide them) to life in prison.  Life in prison without the possibility of parole!  With no exception for rape, incest or the life or health of the woman!  Do you still believe there is no war on women?

“What’s on America’s Mind” Please Join us Tonight at 7:00PM

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)

Todays topics include a Salida annexation update including Modesto Councilman Joe Muratore’s recent incursion in Salida.  A conversation about Salida MAC Modesto City Council response to  the Grand Jury report about SCAP and NSP2 money. and of course national issues we should all be concerned about especially women.

Wednesday nights at 7:00 PM Pacific

Please join us. Our call in number is 347-215-9414

104.9 FM is our flagship station

http://www.blogtalkradio.com/centralvalleyhornet/2012/09/13/whats-on-americas-mind-with-emerson-drake

Joe Muratore is at it Again – Padding His Pockets at Your Expense

By Emerson Drake

Yes, Councilman Joe Muratore has yet again figured out a way to profit from his position on the Modesto City Council.  Starting just after he was elected, Muratore sought out county politicians and started to prime the annex Salida pump.  I guess we shouldn’t be surprised after his NSP2 debacle of pocketing $62,500 dollars from a commission his Benchmark Realty partner Ryan Swehla generated by using Swehla’s and Scott Monday’s Trinity Renovations . 

But his Salida business adventure may just be his greediest chapter with an even more tangled web of deceit.  Remember the Stanislaus Grand Jury said Muratore was deceitful and dissembling in not fully disclosing relevant business affiliations and associates.

Stephen Endsley and his wife Ann have land holding in the Salida area according to documents supplied by a public information request which can be found on this site.  Joe Muratore has several prior business relationships with Endsley.  From a failed solar venture between himself, Swehla, Hawn, and Endsley, to an investment with Stephen Endsley valued between $20,000 and $100,000 dollars according to forms filed with the state.  Muratore has been meeting behind the scenes encouraging  the County to sweeten the pot which would enable Modesto to annex Salida, potentially at relatively little cost.

On August 7th during a City Council meeting  Muratore voted for consent item #27 which has Modesto footing half the cost ($30,000) of a feasibility study to discover definitively what the financial situation would be if and when Modesto were to annex Salida. I suppose it isn’t surprising to see a politician fattening their wallet while feeding at the public trough. Now all Muratore has to do is recuse himself from all discussion and voting, but Joe doesn’t seem concerned about right and wrong, just about money, so he keeps on voting.

After all, between Muratore the Modesto Councilman, Swehla his business partner in several ventures and  who sits on Modesto’s Board of Zoning Adjustment, and Endsley again his business partner and sometimes investor who has land in Salida waiting to be developed under a friendly administration, what could be a better arrangement? 

Could Muratore be planning on some short-term cash flow or is he stocking up for the future? Here is a picture of Muratore’s Benchmark Realty sign offering land for sale in Salida.  The sign can be found on a vacant lot in front of the Vizcaya Housing Tract along Pirrone Road in Salida just before  Hammett,  East of Highway 99. I wonder if his client is aware of how many pies Joe has his fingers in?

Muratore’s business ventures just might benefit from a hurried up annexation with a friendly Zoning Board and a Councilman to shepard the whole process through.  Kind of reminiscent of  their participation in the  NSP2 program?  Hmm…

The Salida MAC Newsletter

 

Salida Municipal Advisory Council Newsletter

September 2012                                                                                                                                   Editor: Katherine Borges

 

Next Salida MAC Meeting:

Tuesday, Sept 25, 2012
at 7 p.m.

 

Speaker: Salida Union School Superintendent,
Twila Tosh

 

Salida Library Community Room
4835 Sisk Rd. Salida

 

Members of the public are welcome to attend and share their community concerns.

 

You can watch Salida MAC meetings at home on government cable channel 19 in Salida and channel 7 in Modesto

 Saturday 11am-1pm

 

Report on August’s Salida MAC Meeting –

Salida Annexation Update
     The well-attended August 28th meeting opened with many public questions and concerns regarding the possible annexation of Salida by the City of Modesto. Salida MAC Councilmembers answered as many questions as possible then Stanislaus County Supervisor, Terry Withrow and Modesto City Councilman, John Gunderson spoke on the issue.  Supervisor Withrow (pictured left) stated that the annexation feasibility study would be returned in about 2 months, but until that time, many questions will remain unanswered including whether the annexation will proceed.
     (If you do not subscribe to the Modesto Bee and have not heard about the annexation issue, there were 3 articles and 1 OpEd published about it in August which you can read in the Bee’s online archives at modbee.com)  We thank all who attended the meeting and hope you will attend future meetings and continue to communicate your community concerns.
Help for Neighborhood Foreclosures, Renters, Emergency Shelter, etc. from Stanislaus County’s Community Development Department
     Aaron Farnon, Stanislaus County Community Development Manager reported that his department applies for special federal grant programs to help serve the middle class to low income community.  Programs like first-time home buyer  rehab programs to improve your home.  10% of their funds are set aside for public services which range in aid for domestic violence services to homeless shelters.  This department helps about 50,000 individuals each year.  In Salida, they received some neighborhood stabilization funds and there are still funds available for the Salida community.  This year, they’ve helped 8 first-time home buyers purchase homes and 4 of those helped were in Salida.  If you have any foreclosed homes in your neighborhood, that have been sitting vacant 9 months or more contact the county because they can rehabilitate them.  This department also provides funding for a fair housing provider which is a non-profit that acts as an intermediary if you have landlord/tenant concerns.  Additional programs provide funding for emergency shelters and to the Salvation Army, and a solar installation program for low-income homes to offset the high-cost of utilities.  Contact 525-6330.  For more info:  http://www.stancounty.com/planning/index-cdbg.shtm

Nick W. Blom Salida Regional Library
     Diane Bartlett, Library Branch Manager reported that Pre-school (Ages 3-5 Thurs @ 10 am) and Wiggle-worm (Ages under 3 on Wed @ 10-11) story times will be starting again in September.  For adults, dinner and a movie “Men in Black” on Sept 24 at 6 pm.  You can volunteer and sign-up for ‘LoveSalida’ which benefits the library and pick up ‘LoveSalida’ signs at Salida Kountry Kitchen.  Visit lovesalida.com to sign up.
  

About Salida MAC
The Salida Municipal Advisory Council aka Salida MAC was founded on July 31, 1984 with purpose of advising the Stanislaus County Board of Supervisors on matters that relate to Salida including but not limited to advice on matters of public health, safety, welfare, public works, and planning.  Salida MAC is comprised of five councilmembers who must be registered voters within Salida.  Councilmembers are elected to a 4 year term but vacancies can be filled by the Board of Supervisors. Councilmembers are all volunteers and receive no monetary compensation.  Meetings are held on the 4th Tuesday of every month at 7 p.m. In the Salida Library’s Community Room located at 4835 Sisk Rd, Salida.   Each meeting has reports from our local Sheriff Deputy, Salida Librarian, and sometimes a CHP officer.  District 3 County Supervisor, Terry Withrow, also attends or can opt to send a representative. The public is welcome to address the council during the “Community Concerns” portion of the meeting but please limit your comment to five (5) minutes so everyone may be heard.

Your Salida MAC Councilmembers are: Chairman Thomas Reeves, Vice-Chairman Brad Johnson, Secretary Ana San Nicholas, Karen Gorne, and Katherine Borges.  Contact info: P.O. Box 490 Salida, CA 95368 Ph# (209) 612-2305

 
     

 

Does the Public Have the Right to Know? MAYBE Says the Bee

By Emerson Drake

On July 31, 2012 the Stanislaus County Farm Bureau (SCFB) sent a letter to each member of the Modesto Irrigation District Board of Directors and a copy to the Modesto Bee.  In the letter they outline their concerns regarding the potential water sale to the San Francisco Public Utility District. The letter was extremely detailed, citing multiple California Environmental Quality Act (CEQUA) concerns, using exact numbers from MID reports and was cross referenced with the corresponding dates the numbers were published by the district.

Many of these concerns have been voiced by the public but never have they been documented to the extent of the letter.  The Bee has refused to acknowledge even the receipt of the letter in print let alone publish it.

The media, or fourth estate, is important to an informed electorate but unfortunately sometimes some people feel it’s in their best interest to limit or shape public opinion by withholding important facts from the ongoing discourse.  By limiting access to all sides of an argument they strive to control opposition to what ever view they are trying to propagate. 

This isn’t about just disagreeing with their point of view,  it’s about  listening to all sides of a discussion and THEN deciding what is the best course of action.

Editors, especially Opinion Page Editors, like to be invited to the best soirees and have their “opinion” sought out by local movers and shakers. After all, how could their friends possibly be wrong?  We just emerged from an extended period of being under the overbearing Mark Vasche, where politicians he didn’t like were attacked in print regardless of the good they were trying to accomplish.  When it comes to MID, Mike Serpa comes to mind. Or like reporter John Holland has found,  it’s easier to write stories when you can receive phone calls from those involved and their PR people and not even have to attend meetings.

The Bee’s refusal to publicize the letters from the Farm Bureau was first broken by Eric Caine at www.Thevalleycitizen.com and since this time several attempts have been made by many of us to get the Bee to discuss the letters for the record.  Unfortunately, to this point our efforts have failed.

The original cover letter is here. This is followed by a short  overview  here and the entire  SCFB critique is here.

Fortunately, here in Modesto we have several alternatives to enlighten readers who are concerned about the whole picture and not just what the Bee and a few of their friends think is good for you to know.

Sandra Fluke – A Young Woman To Be Admired

By Gaetana Drake

If you watched the Democratic National Convention last night,  you had the opportunity to listen to a speech given by Sandra Fluke.

Ms. Fluke is the young woman that Rush Limbaugh called a slut and a prostitute because she advocates for insurance coverage of birth control.  Ms. Fluke was denied the opportunity to testify before a congressional panel formed to discuss birth control.  I’d like to remind all of you that this was a panel comprised of MEN only!  Ms. Fluke finally got to testify before an informal panel and voiced her opinion that insurance should cover contraceptives.

The birth control pill is used not only to prevent pregnancy, but for a variety of medical reasons.  To regulate menstrual periods, to reduce the growth of ovarian cysts, to help relieve pain from migraine headaches, to treat severe acne, and to treat endometriosis.

The argument is being made that birth control is a “recreational” drug and therefore the government shouldn’t force insurers to cover it.  Drinking alcohol and smoking cigarettes are purely recreational activities, yet insurance covers the medical treatment for all the  illnesses and diseases caused by engaging in these activities.

The average woman spends 30 years of her life trying to prevent pregnancy.  Birth control is preventive health-care, just like mammograms and pap smears and high blood pressure screenings.

If you don’t believe there is truly a war on women in this country, you simply haven’t been paying attention.  Consider the following:

*Personhood amendments proposed that would ban the birth control pill and the IUD, the most commonly used and most effective methods of contraception.

*Todd Akin (R) believing that women don’t get pregnant as a result of “legitimate” rape because the female body can “shut down” that function.

*Steve King (R) saying “I’ve never heard of a child getting pregnant from statutory rape or incest.

*Federal Judge James Leon Holmes, a Bush appointee, said in an article published circa 1997: “Concern for rape victims is a red herring because conceptions from rape occur with approximately the same frequency as snowfall in Miami.”

*Dr. Richard Dobbins, who works in the emergency department at Hardin Memorial Hospital in Kenton, Ohio told the Columbus Dispatch in 2006, “I think that life begins when the chromosomes of the sperm and egg line up”.  Dobbins also questioned the need for emergency contraception in rape cases, saying that most women “are not fertile during assault or do not become pregnant because the trauma prompts a hormonal response that prevents ovulation.”   I wonder….do rapists only rape women who are not in their “fertile period”?

*In 1995, Republican Henry Aldridge told the House Appropriations Committee:  “The facts show that people who are raped – who are truly raped – the juices don’t flow, the body functions don’t work and they don’t get pregnant”.

*Representative Stephen Freind, (R-Delaware County) said “the odds that a woman who is raped will get pregnant are ‘one in millions and millions’.  The reason, he said, “is that the traumatic experience of rape causes a woman to ‘secrete a certain secretion’ that tends to kill sperm.”

*Texas oilman Clayton Williams once ran against Ann Richards for Governor of Texas.  During the campaign he said “Rape is like the weather, if it’s inevitable, relax and enjoy it.”

*Idaho Senator Chuck Winder (R) has made this unusual comment. “I would hope that when a woman goes into a physician, with a rape issue, that the physician will indeed ask her about perhaps her marriage, was this pregnancy caused by normal relations in a marriage, or was it truly caused by a rape.”  Apparently in his mind, it’s part of “normal relations in a marriage” for a husband to rape his wife.

*The GOP has finalized it’s  party platform for this election.  It includes NO exception for federal funding for abortions for victims of rape or incest.  They are finally being honest enough to tell us that their goal is to overturn Roe v. Wade.  Mitt Romney has said he would sign a “personhood amendment” which would effectively ban the birth control pill and the IUD.  These are the most commonly used and most effective forms of birth control.

*Requiring a trans-vaginal probe (unpaid by insurance because it’s not medically required) prior to an abortion.  One male politician had the audacity to say if a woman didn’t want to watch, she could “just close her eyes.”

*Wanting to change the Affordable Care Act to allow any employer to suddenly decide he has a “moral” objection to birth control and deny coverage.

*Requiring three visits to a doctor prior to an abortion.

*Failing to renew the Violence Against Women Act, because it now includes protections for lesbians, illegal immigrants and mail-order brides.

*Censoring elected female representatives for daring to say “vagina” while men are passing legislation that controls our vaginas.

*Requiring physicians to lie to their pregnant patients about the effects of abortion, saying that it causes a higher rate of suicide (no study has ever shown that) and that having an abortion can cause cancer.  The truth is that carrying a pregnancy to term while you’re still a young woman tends to prevent cancer, but that does not equate to “having an abortion may cause cancer.”

*Re-defining “rape” to “forcible” rape in a proposed bill that would deny any federal funding of abortions for rape victims.  Date rape, statutory rape, rape in a case where a woman is under the influence and unable to give consent….no longer considered rape in their minds.

*Representative Mike Kelly (R-Fl), stated “I know in your mind you can think of two times America was attacked.  The first was December 7, 1941 – Pearl Harbor Day.  The second was 9/11, the day we were attacked by terrorists.  I want you to remember August 1, 2012, the attack on our religious freedom – that is a ‘day that will live in infamy’ along with the other dates”.  Representative Kelly believes America has been attacked because insurances are now required to cover birth control.

*Republicans voted down the Fair Pay Act and Mitt Romney has said he would repeal the Lily Ledbetter Fair Pay Act.  Mind you, this act isn’t forcing employers to provide equal pay for equal work, it just gives women a legal recourse if they find they have been unfairly paid.

*Republicans have refused to renew the Violence Against Women Act.

*Governor Chris Christie of New Jersey (R) has complained that the republican party is having to “cater” to women.

Ms. Fluke was viciously attacked by Rush Limbaugh over the course of several days.  He repeatedly called her a slut and a prostitute, and even suggested that she should videotape her sexual activities so he could watch them.  As a result of his vicious attacks, she received an incredible amount of support from the average American.  Every one of us could imagine our daughter being verbally attacked for something as simple as standing up for what’s right.

Sandra Fluke is a graduate of Georgetown Law School.  She is intelligent.  She is articulate.  She is proud.  She walked onto the stage at the DNC with her head held high and received a standing ovation.  She stood up to the male chauvinists like Rush Limbaugh and showed them that they could not silence her.

She is a young woman to be admired.

MID Staff and GM Allen Short Caught Lying to MID Board

By Emerson Drake

We’ve spoken our concerns before regarding the accuracy and manipulation of information contained in staff reports, but seldom do they let you see  it so blatantly.  The report is titled Agreement for Directional Boring Contractors. It can be found in its entirety at the link at the bottom of the article.

To provide some very short background, when underground cable reaches its lifespan of approx. 25 years and the injection process they use to extend its usefulness’ warranty expires, it needs to be replaced. This is done by boring holes and replacing the cable.

Why Change Contractors?

MID has been using Applegate Johnson a local company with local employees satisfactorily for years.  There was a clause in their contract that allowed Applegate Johnson to request a rate hike. So they requested a hike and MID said no. MID was so upset, despite the fact MID had no other problems with this company other than their rate increase request, and instead of discussing their proposal, MID  sent the contract out for re-bidding to six vendors. Only five vendors responded and Daleo Inc of Gilroy was tentatively awarded the contract at the suggestion of nameless MID staff. The T & D Division and the Purchasing Department approved.  Assistant General Manager Tom Kimball and General Manager Allen Short both signed off as attesting to the truth of the presentation.

Here’s where it starts to get Hinky

On pages three and four of the report  are the actual bids the companies submitted.  Out of twenty-eight items Applegate Johnson was the low bidder on twenty-six and most of these by significant margins.  So why change vendors and was there a significant savings to be had by going with an out of the area vendor? According to the presentation given to the Board by Denise Ray of the Purchasing Dept and Asst. GM. Tom Kimball, Daleo was the most qualified bidder based on price,experience, and references.  But is that true?

Public Comment Period

It appeared the Board was going to vote for approval, but when the Public Comment Period opened a completely new story emerged.  Several speakers came and made their points regarding the contract.  At least two were from Applegate Johnson and pointed out Daleo’s  proposal was not only more expensive than their new one but was more expensive than if MID had used the numbers from the contract increase request they submitted.  Now company men speaking well of their business isn’t unusual, but something was different in this case. 

The Bid Numbers were Right in Front of  Us

Seldom are bids so clear and easy to read.  This one obviously was and while this was being discussed I went over them as did others. Twenty-six out of twenty-eight items  being in Applegate’s favor is easy to prove or disprove. It was easy to discern there was more than meets the eye going on  here. We’ve seen MID staff shuffle, concoct, and just create out of thin air some of the numbers GM Short has needed in the past whenever he’s challenged (see Reed Smith’s analysis of MID’s “extra” water to available for sale to the SFPUC).  I held up MID’s own documents and asked the Board members to look for themselves. I specifically addressed Directors Glen Wild and Paul Warda.  Mr. Wild,  known as a rubberstamp for GM Short and Van Groningen,  just looked bored as usual when “official reality” is challenged, but to his credit Director Paul Warda was intrigued by the opposing sides regarding the costs and wanted to get to the bottom of the dispute and requested more time to study the proposed contract.

MID Attorney Tim O’Laughlin Attempts to Obfuscate Details

All staff had to do was provide a breakdown that would support their claim of cost savings but O’Laughlin intervened and said he would prepare the rebuttal.  An important thing to understand is, if attorney O’Laughlin writes the staff report he covers it in what he considers his priestly robe of invisibility and will refuse to allow the public to see it (attorney client privilege).  But why would the attorney jump in so quickly?  The most probable reason is to prevent the public from finding out the reason for the strange and expensive to the ratepayers decision by staff.  Which in my opinion is either pique from the requested raise or blatant favoritism towards a bidder by steering the contract in a specific direction possibly for personal satisfaction or gain.

As ratepayers we can’t afford personal pique to enter into MID contract negotiations.  And anyone who does so should be summarily dismissed.  And since Tom Kimbal and Allen Short SIGNED this document saying the details are accurate and complete to the best of my knowledge, they should be held accountable for any misrepresentations.

Nothing happens at this level of MID without the General Manager’s approval. Nothing.

Contracts

Contracts (Photo credit: NobMouse)

Here is the pdf.  I apologize for the size of the download and include it because it will be taken down by MID shortly despite requests from the public to keep an archive like other public entities do.

Board Agenda Report

Subject: Agreement for Directional Boring Contractors  Bids are on page four and five of the report.

090412BoardAgendawithAttachments

Now ask yourself why you haven’t read about this in the Bee.

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