Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “MID Board”

Are you Concerned about the Proposed MID Water Sale?

Here is some interesting information from Reed Smith.

Attached please find a transcription of the Thursday, May 18 SFPUC’s Deputy General Manager and Chief Operating Officer, Michael Carlin’s, presentation on behalf of SFPUC GM, Ed Harrington, to the Bay Area Water Delivery and Conservation Agency Board of Directors meeting.  The section includes both Mr. Carlin’s presentation, and the questions and answers directly following and pertaining to his presentation. 
 
I think you will find the area bounded by a RED BOX on page 17 interesting.
 
Without prognosticating the inference of the key statement.  One might suspect that MID Director Wild’s assertion this past MID Board meeting on May 22, 2012 that his support for the 2,240 AF sale to the SFPUC is solely to make money for infrastructure ( a concept publicly not shared by GM Allen Short ) is probably out the window.  It appears that MID will be spending all of it’s income from this “drop in the bucket” (as characterized by Mayor Marsh) on litigation costs.  Net result: no income benefit to MID from the sale.
 
So, let’s see what the next excuse in favor of the sale from Director Wild is.  I can hardly wait . . .
 
 
 
 
 
From: Aaron Porter
Date: Tue, 29 May 2012 08:09:58 -0700
To: Reed Smith
Cc: “Allison C. Schutte”
Subject: RE: BAWSCA May 17, 2012 meeting?
 

Hi Mr. Smith,

 

Attached is the requested section of the transcription of the May 17, 2012 BAWSCA Board of Directors meeting.  The section includes both Mr. Carlin’s presentation, and the questions and answers directly following and pertaining to his presentation.  I hope this adequately meets your request, and if you have any further questions or requests, please let me know.

 

Regards,

Aaron Porter

BAWSCA

PagesfromBAWSCA-MAY2012-BoardofDirectorsMeeting

 

A Quick Peek Behind the Curtin at MID

Where do we know Martino Graphics from?  

 
The answer is simple, co-owner Marian Martino competed in the political forums to replace Kristin Olsen after Olsen abandoned her City Council position to be a State Assemblywoman.

 
At the time, when asked, Ms. Martino chose not to supply a reasonable explanation as to why she  bailed out of the running for the council after she was proclaimed one of the three finalists (and in many viewers minds one of the best selections).  Marian has been seen occasionally at MID meetings.  She never speaks but one has to wonder if political consultant Mike Lynch traded his support for MID Director in exchange for stepping back as a candidate for council.
 
MID General Manager Allen Short confirmed the money paid to Martino Associates, a Graphic Design firm,  actually ended up in  political consultant Mike Lynch’s wallet.
 
Nothing that MID Directors Tom Van Groningen, Glen Wild, Paul Warda or the people in the shadows behind them do can be taken at face value. 
 
And it appears that the evil emperor Allen Short has persuaded Director Nick Blom to join the dark side.

Dave Thomas’ Public Information Request to the MID

Mr Short, on behalf of the Stanislaus Taxpayers Association and under the tenets of the California Public Records Act, Government Code sections 6250-6277, I request the following documents:
       
            1.  There have been negotiations between MID and SFPUC regarding the contract to sell and buy water.  I request all handwritings, sound recordings, maps, computer discs, printed documents or                 any other recorded documents that have been used or given to any MID employee or MID Director that have been used in these negotiations.  This includes all documents dated May 8                     thorough May 22, inclusive.
            2.  This includes all records relating to the conduct of the public’s business, broadly construed. 
            3.  This includes specifically any and all documents or communications delivered or otherwise conveyed to any and/or all MID Directors, even those which might be marked as restricted.

        It is now about 2:35 PM on May 22nd.  I expect you to deliver all these requested documents no later than 3:00 PM on June 1st.  I expect that you will produce these documents with a minimum
            staff time, and at no cost to the Association.  If you have any questions, comments or want me to modify this request, please contact me at my e-mail address, above, or call my office
            at 577-4373.

                    Thank you very much, Dave Thomas, President, STA

E A R T H Q U A K E ! ! !

No we aren’t having an earthquake.  This is the title to Reed Smith’s Earthshaking  Good News email to the Modesto City Council.

 
Councilpersons:

I have some great news from the Bay Area.  According to Peter Drekmeier, Program Director for the Tuolumne River Trust, Thursday evening at the Bay Area Water Supply and Conservation Agency (BAWSCA) meeting, Mr. Steven Ritchie, Assistant General Manager, of the San Francisco Public Utilities Commission, made a presentation regarding the proposed MID water sale.  During a response to a question from the audience from Drekmeier, he informed the BAWSCA audience that a revised contract was due to be returned to MID and one of the significant modifications from the first DRAFT was that the SFPUC would no-longer be responsible for ANY legal cost associated with litigation directed at MID (please keep in mind that this news is 2nd hand).  I am in the process of obtaining the audio file of the meeting, and will forward it to you as soon as it is available.
 

Anticipated modification to:      DRAFT MID-SFPUC AGREEMENT Page 6 of 15  G. Litigation; Cooperation in Litigation. The Parties will vigorously defend any legal challenge to this Agreement or its implementation. The parties will reasonably cooperate, to the extent permitted by law, in the defense and any settlement of any claims challenging the validity of this Agreement or its implementation; including but not limited to claims brought under CEQA, NEPA, the Clean Water Act, state or federal Endangered Species Acts The parties agree to jointly retain outside counsel. Unless otherwise provided in this Agreement, SFPUC agrees to pay litigation fees and costs, including costs of the outside counsel.

 
Subsequent to that event, Mr Todd Sill was advised by MID Director Glen Wild that Sill should “throw away the original DRAFT proposed contract, as it is going to be revised”.  This begs the question as to whether a revised document, containing the SFPUC modification to financial responsibility for legal costs, was distributed to Directors on Friday, prior to COM’s letter being hand-delivered.  Friday morning, MID staff stated that a revised contract was expected to be posted on the website soon.  This raises further the assertion this past Tuesday that Director Wild’s support for the sale is solely financial, that being that his justification of the sale is to get money for MID infrastructure needs.  With the arrival of millions in potential legal costs as a co-habitor of any contract to sell water, the income from the 2,240 AF sale becomes revenue neutral to MID on day one, thus erasing Director Wilds apparent hard-fought invention of a justification.
 
Ah, but I digress.  The community has expressed grave concern regarding making the SFPUC the lead agency on EIR’s for waters being transferred in this sale agreement.  Of course, we feel that MID and it’s constituents should maintain primacy in all environmental assessments, not the SFPUC.
 
Parallel to that concept, we feel that MID should maintain primacy in controlling and financing all litigation resulting from their insightful and studied decision to sell our surface water to the SFPUC.  Certainly MID’s General Counsel has never strayed from accurately predicting positive outcomes for his clients, e.g., Valley Bio-Energy v MID.
 
I wanted to share this good news with the you, the City’s fiduciary decision makers, as this turn-of-events raises the question regarding the probability of the COM recovering legal costs from MID, should the COM determine that MID’s majority of Director’s ethics have failed their constituents when they knowingly breach the Amended Treatment and Delivery Agreement.  
 
It was a rather grotesque moment when MID’s General Manager, Allen Short, told the Stanislaus Farm Bureau Board on May 1, 2012, (parodied –  na, na, na, na, na, na) “we expect at least three lawsuits, and it is no big deal, ’cause the SFPUC is paying for all MID’s legal costs.”  (parodied – we can be as stupid as we want, ’cause there is NOTHING you can do to stop us, ha, ha, ha.)  Well this situation appears to have changed . . .  oopsie, no more FREE big-time SF lawyers?  

Will this change in legal financial responsibility cause MID’s Directors to pause when considering voting for the proposed sale on June 26, 2012?  Not if the May 22, 2012 Board meeting is any indication.  For the record, any observer will conclude there are four (4) intractable Directors who have clearly declared they are for this sale, no matter what the contract says.
 
I commend you for initiating the first steps in securing your water rights.  I am sure your constituents expect nothing less from you.

Here is the Link to a Short MID Meeting Video

Take this link and watch MID Board President Tom Van Gronongen interrupt Brian DuBois.  Talk about a lack of civility. This was just one of many times VanGroningen interrupted speakers at the meeting.  More footage will be posted shortly.

http://www.youtube.com/watch?v=5L7Xc-WjPbQ&feature=share 

What on eath can Judy Sly be thinking?

MID uses Deception to Hire an Old School Lobbyist

By Emerson Drake

It was revealed at Tuesday’s MID board meeting that General Manager Allen Short and MID Board President Tom Van Groningen used a company named Martino Graphic Design to funnel money.   This money went to a local political consultant named Mike Lynch, on MID’s bill paying ledger, under the guise of public affairs-2012 in the amount of $4582.97 for the month of March alone.  Mr. Lynch has his own consulting firm called, no surprise, Lynch Consulting, so why the deception?

Lynch has been going around to local political wannabees and others like Ruben Villabos,  Modesto School Board President and OFFERING his services to them when they run for election or re-election as necessary. One of Lynch’s most obvious Charlie McCarthy dolls (ventriloquist dummies) is Josh VanderVeen (LCR member), stepson to Modesto Councilman Dave Lopez. Both of these men and three others spoke for the water transfers.  As a long time MID meeting attendee it needs to be said none of these people ever came to a MID meeting until Mike Lynch became involved.

But Lynch found his “mother lode” in the LCR or Latino Community Roundtable. This organization which consists of 195 members, many of whom are politicians ($10.00 to those over age fifty, and then you get to vote for yourself) who have stood in front of the LCR hoping for endorsements.  LCR represents no constituency other than themselves and whom could only field 18 members at a recent political forum they held at, surprise, the Modesto School board office thanks to LCR  member Villabos.  While I’ll be one of the first to say LCR has many well-meaning members of the general public they also have those craving a seat at the local political table and Mike Lynch holds out his “free pass” to the promised land.

PART of your electric utility payments are being used to finance the posturing of political wannabees

Now campaign consultants have been making promises to candidates  for quite some time, after all it’s how they make their money, but to my knowledge this is the first time a public organization like MID has PAID  a consultant to potentially alter the political landscape using Public/RATEPAYER money.

Mike Lynch personally contacted each and every Modesto City Council member and asked for the Letter to MID not be written (it’s available on this website). Then Lynch sent Ruben Villabos, apparently his personal emissary, to a “private session” of the Council with foreknowledge of what was to be discussed.

Which Councilmember tipped of f Mike Lynch and Ruben Villabos about the secret topic?

That was the question at last night’s City Council meeting. Former Modesto Mayor Carmen Sabatino appeared in front of the Council last night to question the minutes of last weeks meeting which DID NOT mention Vallabos’ appearance. Sabatino questioned the validity of Villabos appearing and was reassured by City Attorney Susan Acala Wood his appearance was legal under the Brown Act. The Council said the minutes would be changed to reflect Villabos’ appearance.

But the over-riding question spoken by Councilwoman Stephanie Burnside was “who tipped Lynch/Villabos off?”  Nobody was forthcoming regarding this.  Looks went around the room but no one was willing to fess up. Needless to say  Diogenes is still looking with his lamp.

So where does this leave us?  Well, our electric payments are going to a political consultant without our consent who is bent on giving away our water, and our best hope, is the City Council sticking to their guns.

Where Have all the Watchdogs Gone

By Emerson Drake

Once upon a time you could expect your local newspaper to keep a close watch on things, but as we’ve all noted in recent years the Bee has vacated their responsibilities in this regard.  Now don’t get me wrong,  they were very forthcoming in the SCAP scandal but everyone had to notice when it came to the NSP2 funds all of a sudden things became quiet. 

The business community led by the Chamber of Commerce and others put pressure on the Bee to rein in their questioning of people with dirty hands like Councilman Muratore.  His taking of the $62,000 was noted, but quickly put aside when he returned the money, while failing to mention taking the money was a felony.

Just like they did with Joe Gibbs, the businessmen who stood to profit from the NSP2 funds, urged the Bee to back off.  Remember with Gibbs was guilty of hit and run in connection with a death,  but Sheriff Christianson violated his own policy and  listened to those he termed good Rotarians and allowed Gibbs to serve his time under house arrest(via an ankle bracelet). 

Now the Bee has recommended the MID proposed water transfer to go through albeit for the 2,200 acre feet.  By reading the contract, the Bee couldn’t have missed the  right of first refusal for San Francisco on any future water deals and their position of being first in line for all water rights (even before Modesto’s) and allocations during droughts.

After these unconscienable  conditions had been negotiated by MID’s General Manager Allen Short and attorney Tim O’Laughlin and approved Tom Van Groningen, Glen Wild, and Paul Warda, the Bee incredibly also added their stamp of approval. 

We the People have had to Become the Watchdogs

If it weren’t for Director Larry Byrd (whom the Bee refused to endorse because of his stance on this issue) and members of the public, this blatant giveaway would have been a done deal weeks ago.

The well-known adage of the Chamber of Commerce  is “if a Modesto businessman can make a buck then it works for us.”  And when their money men got on the phone after one of their backroom meeting, strings start being pulled. 

But sometimes, just sometimes, things start to go in Joe and Josephine Average’s favor.  In this case it was average citizens like John Duarte, Reed Smith, myself and a whole host of others who have been stridently against this water transfer/giveaway since June of last year.  The many people who have been speaking out at the MID meetings, County Board of Supervisor and City Council meetings were sighting statistics and gathering data and waking up the public to the injustice being done to the citizens of the central valley by this so-called water transfer.

Every thinking person has to question the integrity of any MID Board members who champions this flight of fancy of Allen Shorts. Not do so would be naive.  Now Short and Van Groningen are waffling. Their failure to safeguard citizens is obvious and  they are now saying the contract could be changed.  Why now?  Because their duplicity has been exposed?   Is it concern about the best interests of the community they serve, or because friends and neighbors are questioning their unfathomable thinking process and  motivations for endorsing the  “special arrangements” favoring San Francisco which are found in the contract?

It was gratifying to see the Modesto City Council stand up to MID and threaten a lawsuit to stop the misguided water transfer. Fortunately many had gone to  Council meetings to protest the giveaway of Modesto’s water rights. The letter to MID from Modesto can be found on this site in an earlier article and until now it was the only place it could be found. All of us thank the Modesto City Council for preventing this fiasco.

Make no mistake, we aren’t out of the woods yet.  Given a chance VanGroningen, Wild and Warda would vote for Shorts version in a heartbeat. Nick Blom seems to be sitting on the fence, but if one believes his campaign promises he’ll vote against the transfers. One thing for sure, we’ll find out if Director Blom is a man of his word or just another politician who’ll say anything to get elected and then kowtow to the local power brokers after they get in office like Councilman Dave Lopez did over the NSP2 deadwood ie:Councilman Joe Muratore.

Vigilance is the price of freedom. And vigilance is what we need to ensure the MID Board is making good decisions because for years now, by following Allen Short’s leadership, they’ve come down on the wrong side of almost every major decision. From the Geothermal project to Mountain House to the Four Cities to TANC they haven’t gotten it right yet and I see no signs, that without strident guidance from the public,  they’ll ever improve.

Modesto’s Response to the proposed MID Water Transfer

Tonight a Special Edition of “What’s on America’s MInd” 7:00 Pacific and 9:00 Central

Tonight we have a report on Modesto’s budget workshop, a special interest group in Modesto known as the Chamber of Commerce, a discussion of the upcoming candidates workshop, and of course  issues that concern us all especially women.

So take some time and check us out.

http://www.blogtalkradio.com/centralvalleyhornet/2012/05/18/whats-on-americas-mind-with-emerson-drake

MID is Back to its Old Tricks Obfuscating the TRUTH

By Emerson Drake

MID attorney Tim O’Laughlin manages to drum up business for himself while building walls between MID at its ratepaying owners also known as the public. The following is a copy of, what has become a typical response from O’laughlin to a Public Information Request made by Reed Smith.

Linda Fischer, Paralegal

Modesto Irrigation District
Legal Department
(209) 526-7388

 

I am in receipt of your e-mail dated May 11, 2012 relative the attached response from MID General Counsel Tim O’Laughlin.

 

Mr. O’Laughlin’s letter dated May 11, 2012, does not comply with the District’s obligations under the Public Records Act.  Specifically, the requested records must be produced within ten days.  The District “head” has not provided notice that “unusual circumstances” exist which would result in an extension of the deadline by fourteen days.  Govt. Code 6253(c).

 

I am writing to confirm my understanding of your statements to me when I came into MID yesterday afternoon, May 14, 2012, at 2:30 PM regarding availability of the documents I requested to INSPECT.  General Counsel, Tim O’Laughlin, has by the attached letter, refused to produce any of the documents to date.

 

To restate what I heard you say yesterday afternoon:

 

1)         There are 13 file volumes involved within my request.  [ You did not mention digital files and maps  that have been requested ]

 

2)         When I met with you on April 30, 2012 regarding a very similar PRR, you informed me that AGM Walt Ward was responsible for accumulating the files, and that I conclude from your narrative that the records have been aggregated in a single location at 1231 11th Street, Modesto, CA 95354.

 

3)         GC Tim O’Laughlin says the documents must be reviewed to identify CONFIDENTIAL material within the 13 volumes, prior to release for IMMEDIATE INSPECTION.  To date, the District has not informed me that any of the requested documents are subject to “exemption” from disclosure.  Such a determination was required within ten days from the date of my request.  Govt. Code 6253(c).

 

4)         GC Tim O’Laughlin, has created a scenario where he claims he is the only person that can review the documents to remove CONFIDENTIAL material within the 13 volumes, prior to release for INSPECTION. 

 

5)         There is no definition of CONFIDENTIAL within the PRA.  The PRA requires the District to respond to my request within ten days, May 20, 2012, with either the records or a determination that an “exemption” in the PRA applies to specific records.  

 

6)         You stated that GC O’Laughlin is only in Modesto three (3) days PER MONTH.  This is not an “unusual circumstance” as defined in Govt. Code 6253. 

 

7)         You offered no time estimate for MID’s production of the documents. 

 

I responded to you yesterday that, based upon my understanding of the California Public Records Act intent, this lack of a time-line for production is unacceptable and fails to comply with the PRA.

 

Please let me know if I have misunderstood your communication of yesterday.

 

Self-appointed MID Board President, Tom Van Groningen, promised on January 10, 2012, to conduct business in an open and transparent manner.

 

I now request that the documents be made available by Monday, May 21, at 9 AM, or I intend to seek legal relief to insure that MID complies with the Act.  As a public entity, MID has a fiduciary duty to comply with California law.


Sincerely,

 

Reed Smith

 

From: Linda Fischer <lindaf@mid.org>
Date: Fri, 11 May 2012 16:06:38 -0700
To: Reed Smith <reedsmith@charter.net>
Cc: Tim O’Laughlin towater@olaughlinparis.com>, Allen Short <ALLENS@MID.ORG>, Linda Fischer <lindaf@mid.org>, Angela Cartisano AngelaC@mid.org>, Pat Caldwell-Mills <PATC@MID.ORG>, Colleen Rangel <COLLEENR@MID.ORG>, Walt Ward <WalterW@MID.ORG>
Subject: FW: Message from legal – Written Response to Reed Smith re: inspection on May 14, 2012
 
 Dear Mr. Smith,
 
Attached please find Modesto Irrigation District’s written response to your Public Records Act Request of May 10, 2012 regarding the inspection of the annexation files/documents.  Thank you.
 
Linda Fischer, Paralegal
Modesto Irrigation District
Legal Department
(209) 526-7388
 

From: legal-copier1@mid.local [mailto:legal-copier1@mid.local]
Sent: Friday, May 11, 2012 4:07 PM
To: Linda Fischer
Subject: Message from legal – Written Response to Reed Smith re: inspection on May 14, 2012
 
 
Now you find the pdf sent from MID’s overpaid attorney Tim O’Laughlin.
 

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