Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

What’s on America’s Mind With Emerson Drake

Tonight’s topics include MID’s newly adopted Serpa rule, Modesto’s one percent sales tax , water mining, these topics and

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more so tune into tonight and find out what you need to know to make decisions important to you, your family and your community. Wednesday at 8:00 PM

104.9 FM our flagship station

To listen to this show live or from our archives use: http://www.blogtalkradio.com/whats-on-americas-mind/2013/09/12/whats-on-americas-mind-with-emerson-drake-1

Vance Kennedy Addressing the Modesto Irrigation District Board

By Vance Kennedy – 9/10/13

I was at a meeting yesterday at which Larry Byrd said that electric service to the foothills may need to be increased to service

Groundwater Well

Groundwater Well (Photo credit: Kecko)

the very large pumps being installed to mine groundwater for growing almonds.  There are major policy questions to be addressed here:

1.   These pumps will suck water from a large area of neighbors and wipe them out, thereby cutting off existing demand by those neighbors permanently.

2.   The new large deep wells will require high-power lines, but will return money to MID to pay off those lines for a very limited number of years, depending on how long it takes to deplete the ancient ground water in the area.  That groundwater, if similar to that in the foothills in Calavaras County, is in the range of 2,000 to 13,000 years old and will take many decades to replace, assuming present rainfall.  If global warming reduces rainfall, a real possibility, it may take centuries.  There is no way of knowing, so at least consider the worst and plan accordingly.  Any wasted money for installing new high power lines to those very deep wells will be borne by other ratepayers and that is unfair to them.

When the groundwater is gone in the foothills, it will be essentially a permanent wasteland except in those areas where outside water can be imported.  Does the general public really want that?

The best simile I can think of is a bus load of people headed for a cliff in the fog on automatic pilot.  We already have several examples to the south and there are no rules to prevent a disaster due to human greed and lack of state laws.

What’s on America’s Mind With Emerson Drake…Wednesday 8:00 PM

Tonight’s topics include Developer Bill Zoslocki, Paul Draper and Centerra, Archway Commons and the downtown Court House

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an update on the Montana judge who sentenced a man 5 days for rape, these topics and more so tune into tonight at 8:00 PM and find out what you need to know to make decisions important to you, your family and your community.

104.9 FM our flagship station

To listen live or from our archive http://www.blogtalkradio.com/whats-on-americas-mind/2013/09/05/whats-on-americas-mind-with-emerson-drake-1

Are Voters Becoming Disenchanted with the Modesto City Council?

By Emerson Drake                    The Draper/Centerra Decision

 

Last night’s City Council meeting was true to form. The public was forgotten and ignored by most of those on the dias.  The

Modesto's Double Tree and Brenden Theater

Mayor was so distracted by his email that many times it appeared he wasn’t aware of his surroundings. But lets start at the public comment period.

 

Many members of this Council have conspired to keep information out of the public’s eye.  An example is the article written August 18th about a Finance Committee meeting where City Manager (C.M.) Gregg Nyhoff deliberately waited until it was too late to include his Summary of Reductions – Target $6 Million Report in the Finance Committee’s agenda packet.  His report, which highlighted recommendations for targeted budget reductions to the formal agenda, (where it would have been made available to the public ).  During the meeting Nyhoff passed the report out to the committee and members of the public attending the meeting. The Committee voted to accept the report without comment.  This was a decision made several weeks prior to the meeting. After all it would be difficult for Councilwoman Burnside to stand in front of the Modesto Police Officers Association (MPOA) after voting to eliminate 20 sworn positions if the sales tax doesn’t pass. With some members of our council one hand washes the other.

 

At a subsequent meeting of the Finance Committee on August 27 I requested the report to be included on the city’s website.  Unfortunately as of September 3rd they had failed to comply.  So at last night’s meeting I again pointed out it was a Brown Act meeting and as a result the City Manager’s Report should have been included in the minutes despite C.M. Nyhoff’s efforts to obfuscate it.  So when I protested again last night the now ‘clandestine’ reports absence, City Council Attorney Susanna Acala Wood weighed in stating since it was a Brown Act meeting the report should be included in the official record.  But Nyhoff and the council members had already achieved their goal of not having the Committee be forced to give their recommendations and to keep it out of the public’s eye. Bee reporter Kevin Valine was present at the meetings but has yet to write a word regarding the events at the meeting.

 

Brent Sinclair Supports Paul Draper Being Chosen (actually he was the one who chose Draper)

 

To hear Brent Sinclair make the case for Paul Draper to be chosen was ludicrous.  His main argument was since Draper was involved with his self named ‘Team Modesto’ and had spent hundreds of hours attempting to build his multi-use towers he deserved the council’s largess.  While I commend Draper for his attempt I don’t feel the need to grant him the ‘excess profits’ by allowing him to represent Modesto’s five properties in the sale to the state. From our point of view Draper was ‘given’ a bonus by allowing this to occur. Draper will receive $30,000 for every million dollars the city receives for its five properties.  And yes it comes from Modesto’s pocket.

 

Even a judge weighed in

 

The the Honorable Ricardo Cordova Superior Court judge, spoke for the need to use Draper.   Judge Cordova’s claim to fame in the ‘good old boy’ network was reducing the charges in former Stanislaus County Detective Kari Abbey’s case in the killing of Rita Elias.  His reasoning for using Draper was that time was of the essence.  This just didn’t ring true.  After all, these negotiations for the courthouse properties have been on going for quite some time  and as a result the need for haste seems very contrived.

 

Cordova’s fear tactics appear to have worked,

 

Talking with Councilman Geer after the meeting he said he had listened intently to both sides of the arguments being made but the Judge suggesting we could possibly lose the state money swayed his vote.  It could be suggested that was why Cordova was trotted out last night. I have to wonder if he was going to speak BEFORE Sunday’s article  exposing the Centerra / Draper / Archway Commons article came out or if he was recruited afterward…

 

Why are we waiting until the last minute to approve a consultant and why wasn’t it vetted by a Committee?

 

The Mayor and City Council were well aware of the history Paul Draper and his Centerra company have with Modesto’s Archway Commons project.  The outrageous profit unnecessarily paid to Centerra was just another example of behind the scene politics that seem to occur on a regular basis in Modesto.  Kudos to the Bee for finally discussing the seamy underbelly of Modesto politics. Unfortunately the Council has learned to rush forward at the last minute anything they hope to avoid much public discussion on.  Once again it was obvious if no committee vetted Draper being hired as a consultant/realtor no one could be held responsible in the future.  It’s all about the lack of accountability for Modesto’s politicians.  The exception to the rule would be Councilman John Gunderson who understood the concern for having a downtown court house,  voted against the ‘last minute’ consideration of Draper. Congratulations Councilman Gunderson for standing up for Modesto’s citizens and not falling for the contrived, last minute, rush job.

 

Mayor Marsh answering emails during the Council meeting

 

Mayor Marsh seemed to be trying to distance himself from all questions of Archway Commons and Draper’s Centerra.  Mayor Marsh had apparently decided if he ignored the speakers they would eventually just go away.  At one point he had to be called by name three times to get him to look up from his phone and respond to a question.  The City Attorney tried to cover for him by saying she was advising him not to answer the question of how much Draper would make for selling Modesto’s five properties along with those he already represented. But unfortunately for the Mayor, he didn’t have a clue his name was being called out loud.

 

Have the taxpayers given up?

 

It needs to be acknowledged only three people came to speak against using the Draper/Centerra  in connection with the downtown courthouse.  Yet five people, including a former Councilman took the time to write a letter to the editor protesting the possibility.  Why?  Maybe because they knew it would be a waste of time since the Mayor and Council have been steadfastly ignoring the wishes of the public and just have been listening to the ‘backroom’  denizens.

 

Will Modesto Voters Memory Improve?

 

I have to be honest I doubt it.  After all they (District 4 ) are considering electing a Village I developer/profiteer Bill Zoslocki to the Modesto City Council without laughing, spitting or reaching for the tar and feathers.  But we can always hope.

 

An email sent to the Modesto City Council

By D. Minighini

I would like to express my public comment (via email) as I am not able to personally attend tonight’s meeting.  I would
English: Author: Carl Skaggs This image was ta...

like this comment to be part of the formal record:

Of great concern is the deception of this City as it oftentimes conducts its business – important land development sales involving overpayment of millions of dollars (exceeding market value….see overpayment of Archway Commons low income housing units with same Centerra Capital) as recently informing the public and featured in “The Bee” newwpaper.  And of newest concern, negotiations with the Courthouse land deal involving Centerra Capital have apparently been going on behind closed doors without the public’s input or comment via public meeting!  Such an important and major public property acquistion should reasonably support “public involvement”before the land purchase is finalized.
Of additional concern is the business players the City chooses to engage with.  Land deals appear to involve the same consultants and developers who make millions of dollars in excess of what should be a fair and reasonable profit.  Why is this happening?
Per the Modesto Bee article in today’s paper, Centerra Capital has already been involved with negotiations to sell this land to the City for this courthouse land deal!  And tonight the City is supposed to, “after the fact”, going to publically approve Centerra Capital “to help the city in negotiations with the landowners.”  In real estate law, representing both buyer and seller is known as “dual agency.”  Every real estate professional knows there is no such “impartiality” possible with dual agency.
The public’s interest (as the ultimate benefactor buyer) would be best served in this land deal-  with its own separate real estate agent – not with Centerra Capital who gains to receive commission fees from both buyer and seller and who will compromise the interests of each to get the deal done.
The City has conducted the public’s business negliently like this before.  In addition to a poorly constructed land purchase with the low income Archway Commons in which millions of dollars were overspent by the City in the land purchase and construction costs, other backdoor city actions included one of the the city attorneys having filed a lawsuit –  even before she received City Council approval to do so!
It is becoming very clear from the public’s view of what kind of business ethics does our City government really have and are their decisions in the best interests of the public?  Have they repeatedly shown a lack of understanding of economic principles and financial mismanagement?
The Courthouse land purchase should not mirror the real estate purchase incompetency and negligent financial mismanagement which is on record in the “Archway Commons” low income housing units land purchase (which also involves excessive development “per unit” costs).
City government should NOT pay more than “market value” for any property, and individuals with such power to purchase land and make these decisions  have a responsibility and due diligence (to the public) as a “buyer” in such transaction to perform all “inspections” before ratifying the real estate deal – to make sure the condition of the property and land is in proper condition and financially worth it, and that the public’s money is properly and wisely spent.
Paying excessively above “market value” constitutes “financial blackmail” by the seller.  A city government that agrees to pay well over market value is one that is NOT protecting and wisely spending the public’s money.  If the Courthouse acquisition turns into the same purchase situation as the Archway Commons –  the City and its representatives should abandon its buyer position and seek another property more reasonably priced.
The real estate principle that “property can be purchased for what a buyer is willing to pay” does not apply to government purchases in a time of economic depression, a city government which is not financially strong, and is an example of negligent financial management.
A government’s duty in use of the public’s money for purchase of land for development should be prudent, reasonable, and financially conservative so as NOT to misspend or extravagently misuse public funds, which would ultimately negatively impact a city to operate, or negatively impact its reserves which could lead to financial inability to operate with basic services.  The City has put the residents in this position already from several past incidents of financial mismanagement with overspending on contracts and services and land deals.  Such decisions have brought forth the need of a 1% sales tax increase (ballot initiative) to be forced upon residents.  The sales tax deception to residents started out saying it was for additonal police and fire safety, when in fact there are no guarantees of additional officers, and the money can be spent on whatever the City decides to spend it on:  more mismanagement.
D. Minighini
Concerned Modesto citizen

What’s on America’s Mind With Emerson Drake Wednesday at 8:00 PM

A 49 year old man rapes a 14 year old girl and gets 30 day sentence, a blow by blow description of the LCR Council Candidates

Radio RED 104.9 FM

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

forum, wondering about Modesto’s proposed sales tax, these topics and more so tune into tonight and find out what you need to know to make decisions important to you, your family and your community. Wednesday at 8:00 PM.  See you then.

104.9 FM our flagship station

Tp listen in live or from our archive http://www.blogtalkradio.com/whats-on-americas-mind/2013/08/29/whats-on-americas-mind-with-emerson-drake-1

Vance Kennedy Voices Concerns to the MID Board

By Vance Kennedy

1.  There is an estimated minimum need for about $35 million dollars in funds to answer requirements for Don Pedro

Drip Irrigation Layout and its parts.

Drip Irrigation Layout and its parts. (Photo credit: Wikipedia)

reservoir and the MID irrigation system.  That number is a very approximate one.  To the best of my knowledge, funds have not been saved for this.

2.  That money is too large to be obtained by immediate charges, so a bond issue is necessary.

3.  Recent comments by the head of the Federal Reserve, suggesting an easing of bond buying, caused a very rapid jump in 30-year Treasury interest rates of 0.8 percent.  That still leaves interest rates far below long-term averages.  However, the Federal Reserve immediately hastened to try to calm the fears of a rapid rise in interest rates.  It helped, but did not cause interest rates to return to the prior low rates.

4.  In the past, large-scale printing of money resulted in large increases in inflation, but with a variable time delay.  It seems reasonable to assume a similar occurrence in the future.

5.  Now is the time to sell bonds before the Federal Reserve actually does raise interest rates.

6.  A source of bond repayment must be identified before the bonds can actually be sold.

7.  That means an equitable distribution of charges to water users is needed, which will take time, but the time available is very, very short if we are to take advantage of existing low interest rates and before inflation takes off.

8.  The only way a bond can be issued rapidly is to use MID’s overall credit, with a definite written agreement that raw water users will repay the rest of MID customers as soon as possible, and that means very promptly, with no exemptions.

9.  That will require a major, perhaps gradual, charge causing water rates to increase greatly.

10. When water rates increase greatly, many farmers may forego flooding and use drip irrigation.

11. That will result in dropping the water table greatly, just like in the foothills, due to lack of sufficient groundwater recharge.  Also, it could cause a permanent loss of rights to river water, since flood irrigation is greatly reduced and canal water will not be used beneficially.  That loss of water rights should apply permanently to farmers going to drip irrigation because once water rights are lost, they cannot be easily recovered if, indeed, they ever can be recovered.  Otherwise, drip irrigators will act like parasites on the flood irrigating farmers.  This problem with drip irrigation has not been widely recognized in the past, but can no longer be ignored.

12. To avoid the loss of water rights to the river, the farmers must continue to flood irrigate and pay whatever is required to retain the water rights to canal water.  Cities should also encourage farmers to flood irrigate, since groundwater is their backup in case of a severe or prolonged drought.

13. A rough estimate of the cost to pay off $35 million dollars over 30 years, and cover already existing costs, is on the order of $38 per acre foot, plus or minus $5 per acre foot, assuming the present interest rate of 4.8% on MID bonds.  That will mean at least quadrupling the present raw water charge.  Before city residents get all excited about their water rate increases, they should realize that the water charge is estimated to be less than 2% of their water bill.  Hence, their water bill might go up $3 to $4 dollars per month.  City cost now is 1/5 of a penny per gallon.

14. The immediate reaction to this proposal will be “No way”.  Farmers can either face reality now or pay a lot more in the not too distant future.  I challenge anyone to face the situation realistically and come up with a better way to solve our long-term problems.  Detailed explanation of these ideas have been provided to the Board members will prior to this meeting.  Do the Board members have any questions or comments?  Time is of the essence.  $35 million for each 1% increase in interest cost to pay off $35 million over 30 years.  The total increase in interest costs over that 30 years will be about $10.5 million.

LCR’s Modesto City Council Candidates forum is Monday, August 26, 2013 at 6:00 PM

The Latino Community Roundtable (LCR) would like to invite Modesto residents and LCR members to the first candidates forum scheduled for Monday, August 26,

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)

2013 at 6:00 PM at the Alliance. The address is 1020 10th Street place (one door down from Fuzio’s). It will start right at 6 pm.
The forum is open to the public and free of charge. See you there..

14th Annual Salida Town and Country Parade, Festival, and Car Show August 24th

Photo: Only 25 days until the Festival! :D please let me know if you'd like to participate in The Car Show &/or have a booth to promote your business or sell your goods! :)Photo: Salida Chamber of Commerce will have a booth at The Salida Town & Country Parade Festival & Car Show! We'll have chamber applications available. See you there 9-4pm. Parade starts at 10am

What’s on America’s Mind Wednesday at 8:30 PM After the StanCoG Meeting

Tonight’s topics include the recent attacks on women’s rights, the Planning Commissions steps forward and Marsh’s steps

 

Radio RED 104.9 FM

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

 

backward, who is running for council and MID that doesn’t have a clue, tonight’s StanCoG meeting, these topics and more so tune into tonight at 8:30 PM and find out what you need to know to make decisions important to you, your family and your community.

 

104.9 FM our flagship station

 

To listen live or anytime from our archives http://www.blogtalkradio.com/whats-on-americas-mind/2013/08/22/whats-on-americas-mind-with-emerson-drake-1

 

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