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IMMINENT DISASTER TO OUR VALLEY and ECONOMY |
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MID “Proposed” WATER SALE to C&C of SAN FRANCISCO |
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THE ONLY WATER THAT CAN BE MANIPULATED is AGRICULTURE |
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Estimate for 2018 |
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| MAXIMUM MID Annual Allocation Tuolumne River |
310,000 AF |
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| Spillage from Oakdale Irrigation District into MID (actually zero) (6) |
0 AF |
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| Seepage/evaporation from Modesto Reservoir and System (1) |
(60,000) AF |
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| Agriculture Customer Use (Acre Feet = AF) (1) |
(191,000) AF |
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| City of Modesto Domestic Water Project Phase #1 (2) |
(35,000) AF |
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| Environmental Stewardship | ||||
| FERC Relicense of Don Pedro projected (Min.) (3)(4) |
(20,000) AF |
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| CA Water Resources Control (Min.) (3) |
(24,000) AF |
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| Bay/Delta (3) | ||||
| San Joaquin River Restoration (3) | ||||
| City of Modesto Domestic Water Project Phase #2 (3)(4) |
(35,000) AF |
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| CA Dept. of Housing and Comm. Dev.(5) | ||||
| Outflow (regardless of infrastructure improvements) |
(30,000) AF |
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Current Over-Commitment |
(85,000) AF |
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TOTAL DEMAND |
(395,000) AF |
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| NOTE: The only variable that can be manipulated is Agricultural Customer allocation | ||||
| There are 58,000 Acres eligible to receive ag water in the MID | ||||
| Asst. Gen Manager, Walt Ward has presented that the base ag allocation is 191,000 AF. | ||||
| HISTORICAL BASE LINE | ||||
| 191,000 AF ÷ 58,000 acres = 3.293 AF / acre, or 39.5 acre inches / acre | ||||
| If MID has over committed our water by 85,000 AF, and the only source for adjustment is ag, | ||||
| WITH ENVIRONMENTAL STEWARDSHIP AND MODESTO PHASE II TREATMENT PLANT | ||||
| Mod II/FERC | 191,000 AF + (85,000 AF) = 106,000 AF | |||
| Mod II/FERC | 106,000 AF ÷ 58,000 acres = 1.83 AF / acre, or 21.93 acre inches / acre | |||
| WITH CCSF SALE |
(85,000) + (27,200) AF CCSF |
(112,200) AF |
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| Mod II/FERC/CCSF | 191,000 AF + (112,200 AF) = 78,800 AF | |||
| Mod II/FERC/CCSF | 78,800 AF ÷ 58,000 acres = 1.36 AF / acre, or |
16.30 acre inches / acre |
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| If an almond crop requires 36 acre inches to produce a decent crop, how many acres will a | ||||
| grower need to own to fallow to provide enough water? |
2.21 acres |
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| Every grower in MID will have to fallow 59% of their land to grow a permanent crop. | ||||
| What banker is going to make a “Crop Line” loan or real estate loan on those values? | ||||
| NONE | ||||
| Growers will have to fallow |
34,071 acres |
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| At 3,000 lb almond crop (nonpereil + pollinator) @ $1.90/ lb | $5,700 / acre | |||
| With Modesto Chamber economic multiplication factor of 7X | $39,900 per acre | |||
| Times acres fallowed = ANNUALLY |
$1,359,441,047 |
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| Multiplied by MID’s proposed contract terms of 60 years = |
$81,566,462,827 |
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| (1) Walt Ward 3/5/12 Landowner Meeting MID | ||||
| (2) GM Short present to Modesto Chamber of Commerce, MID 2/17/12 | ||||
| (3) Tim O’Laughlin MID Board 2/14/12 | ||||
| (4) Tim O’Laughlin Modesto City Council 3/13/12 | ||||
| (5) Dave Thomas – 22,800 AF Requires City of Modesto to build 22,800 new homes | ||||
| as share of population growth to be completed by 2014 (State Law) | ||||
| (6) Walt Ward 3/5/12 Landowner Meeting MID – presented +16,000 AF = FALSE CLAIM | ||||
My Friends, giant STA kudos must be given to Ed Bearden for his discussion of the threats the Modesto Irrigation District management is posing to us individually and our entire economic environment. Ed makes some VERY important unique observations and comments in his article.
In addition, he forces us, and the MID management to remember 3 critical issues, which are:
1. MID is NOT a business, but a ratepayer-owned utility mandated to serve the needs within the District. Ed says, “Someone (meaning Tom VanGronigan and Paul Warda) has forgotten this valley was a desert prior to the 1887 creation of the MID as a public utility.” Ed reminds us of the sacrifice and arduous work by which the People created a water storage and distribution system which created a bounty of food and business.
2. Ed reminds us that MID management, aided by rubber-stamp Directors (same 2 guys), squandered untold millions of ratepayer’s money on failed ventures like TANC, Mountain House, the Four Cities, the BioMass Burner, the Phase 2 water treatment plant. Ed says, “So now the MID board is saying we need money more than we need water.” And this would be an even bigger mistake.
3. Ed’s most important and compelling comments remind us that YOU and I own the land and the water. MID exists because our ancestors sacrificed and labored, mortgaged their farms, and created this green, productive valley with their hands, mules, horses and blood. They did not create water to be sold to a city 100 miles from our District. MID management has NO AUTHORITY to sell water outside the District, only the ratepayers can authorize that. Until they do, the water belongs here in the Valley.
If Ed will give me the liberty to paraphrase his great article, I would say to Directors VanGronigan, Warda, Wild and Blom, “Join Director Byrd, and do NOT sell our water to a greedy city far away, especially for the 30 pieces of gold they offer. Do NOT violate the trust the Ratepayers demand of you. DO stop this horrible idea of permanent divestiture of our precious resource. Stop considering this giveaway now.”
Ed, on behalf of the Stanislaus Taxpayers Association, every farmer and dairyman, every electricity user in the District, THANK YOU for your considered and wise words.
Dave Thomas
Berkeley Police Chief Michael Meehan sent of his officers to the home of Doug Oakley, a Bay Area News Group reporter, in an attempt to get the reporter to change his story. Chief Meehan didn’t like the way he was portrayed in a story and sent Sgt. Mary Kusmiss to his home at 12:45 AM. She had been ordered by Chief Oakley to “request” that he change a story he had written.
When the Sgt. Arrived at the home her repeated knocking woke the entire family, including Mr. Oakley’s wife sand two small children ages three and five.
Oakley’s first concern was that something bad had happened to a relative, but he was instead told he needed to change his story about a rowdy community meeting that Chief Meehan had attended the night before. The Chief’s representative made it known the Chief wanted the story changed “right now.” But Oakley explained the story couldn’t be altered even if he wanted to until morning.
After Sgt. Kusmiss left, Oakley’s knees started shaking and he had a panic attack.
His fear was generated by wondering what might have happened if someone who was less understanding had been sent by the Berkeley Police Chief. Did the Chief plan to send more armed officers to the reporter’s door every time he felt like having a story changed?
The Interim City Council Manager, Christine Daniel said, “There was no justification for contacting the reporter in this way and that a more appropriate response to his concerns should have been to wait until the following day to make contact by phone or by email.”
People have expressed their concern and outrage around Berkeley from Officer Tom Kaplin, who is the head of the Police Officers Union, to residents who call for his resignation, to Peter Sussman, a Berkeley First Amendment advocate who suggested it was police intimidation pure and simple, however he intended it.
By Emerson Drake
The MID Board in their great wisdom allow 125 defects( which is requiring walls to be torn down and storage pools to be rebuilt, even the wrong type of concrete was used) in the new water treatment plant which could end up costing citizens and ratepayers MILLIONS of dollars and now they’re selling us a bill of goods about wanting to sell water to San Francisco instead of investing it in Stanislaus County and our citizens.
By Emerson Drake
Sitting in on Monday’s meeting was enlightening. They told us they wanted to spend $72 Million on lateral lines and reservoirs to capture 25,000-40,000 acre feet water their ditchtenders over order. It was referred to as both operational discharge (in their handout) and as “spill” by (MID personnel and their paid consultant Dr. Burt.) This “spill” is the water they want to sell toSan Francisco. So they want to spend the $72M to capture the water they want to sell toSan Francisco to get the money to pay for the system upgrades needed to capture the water. If that isn’t going round in a circle I don’t know what is.
Don’t get me wrong, they’ve found a way to spend even more and that’s by spending $10M on Supervisory Control and Data Acquisition or (SCADA) telemetry upgrades. These same upgrades were listed under completed work.
Completed Work
SCADA
We were told by the good Dr. Burt that MID bought first class state-of-the-art equipment yet now we’re being told we need to spend $10M more for this same equipment we already purchased. Sound familiar? Remember when the county squandered $10 Million on computer equipment that wouldn’t talk to each other? I’m not saying it’s the same but MID’s staff keeps adding to their “Christmas wish list” like a greedy child.
Let’s talk about the Dry Creek Flume that Board President Tom Van Groningen keeps bringing up in dramatic theatrical tones. Yes the flume has been around for 100 years and yes it did burn down once but now its in good shape working perfectly fine. Their newest main concern is about a major earthquake possibly damaging it. Oh, and did I mention a MID staff member told the audience it would probably take only one week to get the flume up and running again, in the event that it were damaged in an earthquake. A $10Million insurance policy against something that hasn’t happened in the last 100 years and with no guarantees the new structure could withstand a large quake. After all they say “quake resistant not quake proof.”
Now this wasn’t a concern of Director Van Groningen’s for the first 20 years of his MID Board term but suddenly he refers to it and its possible demise in hushed tones like he’s repeating a mantra over and over.
What’s the sudden difference? Money, money and a possible legacy, and a chance to have a flume named after him resonate within him.
We have a staff that couldn’t bring a project in under budget and have it remain functional (remember the expensive roof and wall that were found to be rotting immediately after the building guarantee ran out) and of course the fiasco of a water plant extension where major portions need to be torn out and rebuilt at an unknown cost. But these costs will definitely run many Millions of dollars.
And just how much are two biggest cheerleaders for the project being paid? Dr.Burt, the MID consultant, will certainly be called upon if this spending spree goes forward. And MID’s attorney, Tim O’Laughlin, has been making money all along and since water sales agreements are in his bailiwick is he championing the spree in order to yet again run up his billable hours?
We’ll find out about MID’s hired guns by sending a PIR to MID for this information.
We need to re-invest in StanislausCounty’s citizens, farmers and our economy by replenishing the water aquifer in a variety of ways it is the single best thing we could do. The water table keeps getting lower and lower and the concentration of contaminates keeps getting higher and higher and the only real answer is to re-charge the water table, not to sell it and our selves down the river.
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.
By Emerson Drake
Time Is Now Clean Up Politics – Tin Cup
Tin Cup Change 6/7/05
TO: Mayor and Councilmembers
FROM: City Attorney
SUBJECT: Proposed Revision to theModestoMunicipal Code
CONTACT: Michael D. Milich, City Attorney, mmilich@modestogov.com, x75284
RECOMMENDED COUNCIL ACTION:
Introduction of an ordinance amending Section 2-8.01 of Chapter 8 of Title 2 of the
Modesto Municipal Code increasing the amount of campaign contributions over the prior 48
months that triggers a conflict of interest from $1,000 to $3,000, clarifying that campaign
contributions received by councilmembers in connection with their candidacy for any other
elective office do not count towards the $3,000 limit, and eliminating the limitation on
contributions in the week preceding the election.
BACKGROUND AND REASON FOR RECOMMENDED ACTION:
Modesto Municipal Code Section 2-8.01, et seq. (“TIN CUP Ordinance”) prohibits a
councilmember from exerting any influence on a City decision in which he/she has reason to
know they have a financial interest. The ordinance states that a councilmember has a prescribed
financial interest if the decision will have a material effect on a major campaign contributor to
that member. A major campaign contributor is defined under the ordinance to mean a person or
entity that has contributed $1,000 or more in the aggregate over the past 48 months. The
ordinance was adopted by the City Council in 1986 and has basically remained unchanged since
that time.
The ordinance also imposes a reporting requirement in addition to those imposed on
candidates by the Fair Political Practices Act. Finally, the ordinance prohibits contributions
exceeding $99.00 in the final week preceding the election and continuing until the certification
of the election results.
On May 10, 2005, the Modesto City Council considered a letter from Rob Ellett, Chairman
of the Government Relations Committee of the Chamber of Commerce which requested that the
Council eliminate the TIN CUP ordinance. By motion of the Council this issue was referred to
the Audit Committee. The Audit Committee met on June 2, 2005, and unanimously
recommended that the TIN CUP ordinance be amended in the following respects:
· The $1,000 limit be raised to $3,000.Mayor and Councilmembers
Proposed Revision to theModestoMunicipal Code
Page 2
· The ordinance be amended to clarify that it does not apply to campaign
contributions received by a councilmember in connection with that
councilmember’s candidacy for any other elective office.
· The limitation on contributions in the week preceding the election be eliminated.
The changes recommended by the Audit Committee are set forth in the attached
ordinance.
MICHAEL D. MILICH
City Attorney
MDM/sw
Attachment
cc: City Manager
City Clerk
How it was passed: 6/28/05
This item removed from Consent.
B. Ordinance 3391-C.S. amending the Section 2-8.01 of the Modesto Municipal Code and repealing Section 2-8.03 of the Modesto Municipal Code relating to campaign reform (Tin Cup).
· Motion approving final adoption of Ordinance 3391-C.S. amending the Section 2-8.01 of the Modesto Municipal Code and repealing Section 2-8.03 of the Modesto Municipal Code relating to campaign reform (Tin Cup) recommended.
ACTION: By Motion (Keating/O’Bryant; majority; Dunbar, Jackman no; Marsh absent) approved the final adoption of Ordinance 3391-C.S. amending the Section 2-8.01 of the Modesto Municipal Code and repealing Section 2-8.03 of the Modesto Municipal Code relating to campaign reform (Tin Cup) recommended.
http://ci.modesto.ca.us/ccl/agenda/ar/2005/06/ar050614-08.pdf
By Emerson Drake
To open the day, the defense presents Sally Ann Pantoja. She lived at 2012 Donald back in September of 2010.
Defense attorney Rains first has her explain how she rents from Kari Abbey, as does her best friend Julie Perez who was renting from Ms. Abbey at the time. She explains another of her friends was looking for a place and that she’s talked with Abbey about this friend renting a house from her and had left her number with Abbey. Responding to questions she states, she didn’t really know Rita Elias but had been introduced to her by her friend Julie. She said Rita comes and goes from the 1780A address frequently. Also that she knows the two men living there better than she knew Rita.
The night of the shooting she said she heard shouting outside and went into her front yard and saw Rita Elias (the Mexican woman is how Pantoja describes Rita) picking up her personal belongings out of the street and placing them in her backpack.
A tall, older white male was engaged in an argument with Rita. Julie told Sally that the male was Mr. Abbey. He was yelling at Rita “If you don’t get off of my property I’ll let her get you.” Rita responds that she doesn’t have to leave. Then James Abbey yells at her again to get off of his property. Pantoja says Rita was cursing at James.
Ms. Pantojo states during this time she didn’t hear Kari saying anything. That just the man and Rita were arguing.
Just as she believes Rita, having gathered all of her belongings in the backpack, is going to leave, she says Rita then said. “Fuck this, I’m going to get my gun.” Rita sets the backpack down by Pantoja’s fence and then walks quickly across the street, past the cars, into the apartment and comes back out with a stick/branch in her left hand and what we now know as a bb gun in her right.
At this point Sally Pantoja runs up to her own porch and when she reaches it she hears what she describes as five gunshots. Sally says she didn’t see any of the shooting. When asked who was there, at the beginning she said only she and Ester Elipo, the occupant of 1708B. Only after being prompted by Rains did she mention Jose Flores for the first time. She now mentions she watched Jose Flores get in his truck and drive off. She then hears Kari say someone call 911. Sally explains this was the first thing she heard Kari say.
On cross examination by D.A. Harris, her story changes slightly and she gets mixed up repeatedly.
Sally tells the court she didn’t know who Kari Abbeys manager Jose Flores was, and that she had never seen him around before. She also says James Abbey, in response to Rita’s cursing and saying she wouldn’t leave, said “Rita, get off my property or I’ll let Kari loose on you.” Responding to further questioning by D.A. Harris, Sally explains that the reason the Sheriff’s Deputies hadn’t talked with her before is that when they knocked on her door that night she hid and wouldn’t answer, When Sally was asked why she explained she was on parole and she didn’t want them to take her to jail.
The deputies went around a second time attempting to find witnesses and knocked on her door but she still refused to answer. Sally admitted her front door had been open during the first attempt to contact her but she still didn’t answer. Sally also said the only two vehicles she saw that night were the pick-up and the jeep. She didn’t see Kari Abbey’s sheriff’s car with the children in it. But she claims to have seen the children afterward.
LeAnn Rae Wesner-Donaldson took the stand. She’s been with Children and Family Services for nine and a half years. She was called to the home by George Papadopoulos. When she arrived the children had already been taken to the other grandparents home onMuncy Drive.
She testified she had been shown the three weapons found in the home. She said Papadopoulos told her the weapons all needed racked (a cartridge inserted) but that their magazines were loaded but had been separated by the time she arrived.
Later she interviewed the children, ages one and six.
Robert McFarlane, a private investigator for the defense attorneys firm then took the stand. He introduced and walked us through portions of a DVD taken at the home of James and Denise Abbey. Included were scenes from the living room, a second bedroom used by a child, the second bathroom, and Kari Abbey and Bennie Taylor’s walk in bedroom closet.
He also discusses the samurai swords on the wall and the one on a lower shelf in the Abbey/Taylor side of the house. He made a point the lower sword on the stand within reach of the children was “duller than a butter knife.”
He is asked about the diagram of the apartments at 1708 Donald. He points out in pictures taken at the scene the window appears to be in a different location than in the diagram. But under questioning he acknowledges that after the shooting a deputy had used a laser range finder to measure the distances from a variety of set points on the apartment to set points on the vehicles in the driveway.
Mr. McFarlane created a diagram of the houses (three) located at 712S. Santa Cruz. These are rentals owned by the Abbeys. His representation of the area is supposed to create some doubt as to the story about Kari Abbey throwing tenant Victor Quintana’s stored items in the side yard. But D.A. Harris shows McFarlane a google overhead photo that proximately displays the shortcomings of the diagram and its lack of scale accuracy and suggests the original story regarding the belongings could have been accurate.
D.A. Harris took pains to get introduced to the record that having a small amount of meth might not mean one is under the influence of the drug. And that one of the ways used to measure if someone has ingested the drug is to measure the residue of the kidney’s cleaning the system.
The next hearing for Kari Abbey will be next Monday where the attorneys for both sides will present final arguments.
By Emerson Drake
Prior to Judge Ricardo Cordova coming out, the bailiff Officer Lackey informed the public regarding “special rules” Judge Cordova had imposed. No outbursts or sound effects regarding testimony or you would be asked to leave and wouldn’t be allowed to return for the duration of the trial hearings. Also the courtroom would be dismissed in shifts, first one side then the other. We were told this was to avoid confrontations between the sides. Fortunately nothing even remotely like that occurred during the day.
When Judge Cordova joined us he reiterated the bailiff’s statements and included that he understood this could be very emotional at times and a display of emotion would be understood.
Stanislaus County Sheriff’s Deputy Vince Hooper took the stand. He was the first of the Sheriff’s Officers (SO) to arrive on the scene. He was greeted by three Modesto Police Officers who had attempted CPR on Rita Elias and had then secured the scene to preserve the evidence.
S.O. Detective Jon McQueary told the courtroom about autopsy results, bruising on Rita’s scalp being consistent with hair being pulled, abrasions on Rita’s face and mouth being consistent with blunt force trauma consistent with that of a fist.
He also related the autopsy findings about the three gunshot wounds Rita suffered. The first one went directly to the body. The second entered above her elbow and exited on the inside of her arm, entered her chest, went through her lung and lodged in her heart.
The third bullet entered her back.
All three wounds were considered sub-lethal by the pathologist Dr. Carpenter. His report indicated she would have died within minutes.
The defense attorney suggested Rita’s arm was raised and suggested Rita was pointing a gun. But when D.A. Dave Harris crossed, he pointed out Rita would have to have been contorting her body almost 120 degrees (visualize pointing your right arm straight out to your side then pointing it about two feet behind you. Difficult to believe when you consider testimony later suggested Rita came around the right side of Abbey’s parked Scion and Abbey was to her left.
Det. McQueary also testified that six casings from a .40 caliber glock semi-automatic were found at the scene. So far no one has accounted for the three missing slugs.
S.O. Detective Francisco Soria, lead investigator in the case told us about the interviews with Kari Abbey’s uilding manager/handyman, who lived in one of Abbey’s houses. Det. Sorano related how Mr Flores alleged he arrived at 1708 Donald just before Kari and James Abbey after a phone call to the Abbeys to collect rent money from the tenants who were $600.00 behind. They found Abbey in front of 1701B talking on a cell phone that was never recovered.
Abbey confronted Rita and told her she had to leave, Rita then set a backpack and a purse outside and then accompanied the Abbeys and Flores inside where James Abbey commented “at least they didn’t wreck the place.”
Abbey and Elias began to argue when Abbey threw Elias’ backpack and purse into the street. Elias reclaimed her property and soon the two women began to fight. It wasFlores statement that fists were flying when Elias went down. Abbey managed to jump on top of her and continued to wail on her with her fists.
James Abbey yelled at Kari to stop and they separated. But the argument continued. Rita saying she was losing because she was wearing high heels and Abbey yelled back “then come and get some more.”
According to testimony they were screaming profanities at each other. Elias said she knew where they lived and she would get even.Flores told the investigator James Abbey yelled to Elias to bring it on.
Flores told Det. Sorano that Elias went back in the apartment for about five minutes. He also stated he watched Abbey go to her car and get her gun and wait for Rita to come back outside.
When Elias emerged from the apartment she was carrying a pruned tree branch and the replica BB pistol. Elias allegedly came around the right side of the car (looking at it from the apartment door) and Abbey was around the car to her left when the shots were fired,
Flores continues to claim he had gone back to his truck (which was on the far right again using the front door as a reference point and didn’t actually see the shooting but says he saw Rita on the ground moaning in pain before he left. Floresthen got in his truck saying he didn’t want to be involved and left.
When James Abbey was questioned on Sept. 24th he told police “no one else was there.”
On Sept. 28th James Abbey said he didn’t know who Flores is. And finally on October 4th he acknowledges Flores is his daughters’ apartment manager, but doesn’t know whenFlores’ truck arrived or left. James Abbey also admits to shutting off the power to the apartment before they entered the night of the shooting.
It wasn’t until the next day when neighbors told police about the truck that investigators were made aware of a witness to the shooting.
Other points were made on Tuesday regarding the embezzlement charge. Two of Kari Abbey’s former co-workers told D.A. investigator Mark Smith about working with Abbey, saying Kari seemed to be spending half of her scheduled time on personal business.
The defense attorney made a motion to exclude this testimony but after some legal wrangling (the statute of limitations doesn’t start on an embezzlement charge until the activity is discovered , otherwise it’s four years.)
So the testimony was allowed. One of her co-workers had gone to internal affairs to report Abbey’s activity and refused to work with her after that. The second one felt so uncomfortable she managed to be “busy” and avoid working with Abbey.
Also Jose Flores said he had made the agreement to rent the apartment to the two men and that there was no written agreement and that he didn’t care who lived there.
Day Two Tomorrow.
Eye On Modesto 