Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “Modesto California”

What’s on America’s Mind Wednesday at 7:00 PM

Radio RED 104.9 FM

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

During Modesto’s State of the City address Marsh Declares WAR on SALIDA, and the response of a few Salidans,  Stage 2 on the Cat Killer Ordinance, a recap of the Modesto City Council meeting, the politics and challenges behind getting a city ordinance passed, Lower TIN CUP limits, this and much more Wednesday night at 7:00 PM.

Mayor’s State of the City Speech soc2013EOM 

104.9 FM our Flag Ship Station

The call in number is 1-347-215-9414

http://www.blogtalkradio.com/centralvalleyhornet/2013/02/07/whats-on-americas-mind-with-emerson-drake

Workforce Alliance Violates Brown Act, Holds an Illegal Meeting

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)

By Emerson Drake

The Alliance held their monthly meeting January 28th at noon and everyone but the public was invited.  As an organization subject to the Brown Act the Alliance  must post their agenda 72 hours ahead of time, and the official places they choose to use are their website and on the door to their offices at 1010 10th Street.  Unfortunately for the public, the time on the website was 3:30 PM and the two pages attached to their door had NO MENTION of the meetings start time.

So understandably when five interested members of the public arrived early at 3:15 for the meeting and discovered the meeting was already over, there was some consternation.  During his convoluted explanation, Bill Bassett pointed out it was mentioned just before the meeting by attendees, that the starting time listed on-line was incorrect, but they went ahead with the meeting anyway.  What was strange was they adjusted the time on their site to 12:00 AFTER the meeting was over.  How that helped I’m not really sure, though their admission came after I explained the incorrect listing had been downloaded over the weekend.

You haven’t read about this in the Bee

You really have to wonder why this Brown Act violation has been overlooked by the Modesto Bee since one of their reporters, Ken Carlson, was one of the five left hanging by the incorrect/false time posting. But even Ken has to get it past his editors before it gets printed in the Bee. And as we have seen, the Bee editors have an agenda they adhere to when it comes to backing the powers that be.  They consider that it’s in their best interest not to ruffle the feathers of those in power so they can continue to receive the behind the scene phone calls (or as in the case of MID, confidential Legal Memos) giving them advance notice of political deals. Unfortunately this practice ends up taking their readers down the rabbit hole with them.  The Bee keeps their secrets for weeks as in the case of the memos, until Eric Cain published them on his site, www.TheValleyCitizen.COM .  Blog sites like his and this one are where you can find out what they don’t want you to know.

It was interesting to read the two different versions of Ken Carlson’s article on the Goodwin report. The first one mentions the Bee obtaining the Goodwin Report and the second one, the one published doesn’t.  Makes you wonder doesn’t it?  It’s those pesky editors.

The Leaking of the Goodwin Draft Report to the Modesto Chamber of Commerce and the Workforce Alliance

One of the reasons we wanted to attend the Alliance meeting was to hear Bill Bassett’s comments on expanding the Enterprise zones, shovel ready ground, and the need for Modesto to annex Salida to make it easier to divide up the pie known as Salida.  Both the Alliance and the Chamber have had the Goodwin consulting Group’s Fiscal Impact Analysis Draft Report for the better part of two weeks. Who in the City and County governments gave these reports away? Well no one will admit to it but it happened.  My thoughts are to look to those who are the liaisons from the City and County but who knows?  It appears the Chamber is getting ready to launch an “Annex Salida” campaign.  After all, one of the reasons for the Chambers existence, and that of the Alliance,  is to manage situations for the advantage of their members. Remember Bill Bassett has repeatedly said his “investors” expect a return on their investments.  And it usually comes out of your pocket and mine.

Is anyone censuring the Alliances Violation of the Brown Act?

We made sure both the City of Modesto and the Stanislaus County Board of Supervisors were made aware of the Brown Act violation and have asked both organizations to issue the Alliance a letter of protest. Will anything come of this probably not.  When it comes to the potential annexation of Salida, our Mayor has turned a deaf ear to the vocal protests of over 240 Salida Residents.  So I ask the Mayor and Council, when was the last time 240 Modestan’s showed up to a council meeting and stayed past the presentations?  For that matter I ask the Board of Supervisors the same question.  At Tuesday’s meeting of the BoS there was only one member of the public present for the last hour of the meeting. 

Why should the City or County censure the Alliance?

Most people aren’t aware the County gives the Alliance about $92,000 and the City gives the Alliance about $60,00 of the taxpayers money so I feel they have a responsibility to speak out. 

Not only should the Alliance receive a letter of censure from both of the Board of Supervisors and the Modesto City Council. these two government entities should stop wasting taxpayer money on the proposed annexation.

Animal Abuse Ordinance in Front of Modesto Committee

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

By Emerson Drake

The Cat Killer Ordinance or Animal Abandonment Ordinance will be discussed by the Modesto Safety and Communities Committee of the Modesto City Council on Monday February 4, 2013 at 5:00 PM, in room 2005 at 1010 10th Street. We have

to thank Interim Police Chief Gene Balentine, Captain Harris,  Councilmen Muratore, Geer, and Gunderson along with City Attorney Susanna Acala Wood and Mayor Marsh for pushing this ordinance through so quickly.The Committee consisting of Councilmen Lopez, Geer, and Gunderson will have to vote on it and if approved, send it on to the City Council.

The link is to the Committee agenda report

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This link is to the proposed ordinance

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D.A. Birgit Fladager needs to step up to the plate for past infractions committed by the two men and can be encouraged by the public to do so and enforce existing State Law against animal abusers at 525-5550.

What’s on America’s Mind Wednesday at 7:00 PM

Radio RED 104.9 FM

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

Topics include the Salida MAC meeting last night and some of Mayor Marsh’s comments, Councilman Cogdill throwing a snit, The illegal meeting held by the Work Force Alliance,  The passing around of confidential documents to the Alliance and the Modesto Chamber of Commerce, Janice Keating being in denial about her pay for performance during the water sale, ta councilman deleting his annexation emails, the Don Pedro relicensing, and women in the military, these and more so tune in at 7:00PM Wednesday and find out the things you really  need to know.

104.9 FM Modesto our Flag Ship station

The call-in number is 1-347-215-9414

Salida MAC Meeting Tuesday at 7:00PM

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

REMINDER: The Salida Municipal Advisory Council meeting is Tuesday, January 29th at 7 pm @ the Salida Library Community Room. Modesto Mayor Garrad Marsh and Councilman Dave Cogdill plan to attend because they want your questions about Modesto’s potential annexation of Salida. Please plan to attend and bring your family, friends and neighbors. — at the  Salida Library.

Attitudes are welcome, tar and feathers are optional…(metaphorically speaking, of course.)

Local Politics, It’s an Insiders Game

By Emerson Drake

Imagine, if you will, a hit and run driver who killed a man is sentenced.  The local Sheriff has the ability to decide if he spends his sentence of a year actually in jail or allowed to spend his time at home with an ankle bracelet.  The Sheriff gets calls and visits from people he refers to as Rotarians who ask him to allow this man to stay out of jail because in his words “he’s written grants that have brought lots of money to Stanislaus County.” The Sheriff’s policy was no home detention for crimes of violence and a fatal hit-and-run fits that description.  The perpetrator not only received this “special treatment” he  even received lax follow-up on his home detention and was seen several times out and about town, from the Gallo Center, to the Brenden movie theater in the evenings when he should have been at home.

The Sheriff’s name was Adam Christianson and the Rotarians he referred to were members of the Stanislaus County Workforce Alliance, Chamber of Commerce, and the Rotary. The man’s name was Joe Gibbs.  The group he worked for was called Stanislaus Community Assistance Program or SCAP.  What most people remember of the SCAP debacle is Mr. Gibbs wanted to be paid over $600,000 dollars for his grant writing ability. 

Official seal of County of Stanislaus

Well, that and the fact he and his wife placed her parents in one of the fanciest remodeled homes while using SCAP staff to rent out the two homes her parents owned.

Less remembered is the joke of an investigation Modesto City Manager Greg Nyhoff performed. The total paper trail was an email to SCAP warning them about the Bee’s investigative article.

What many people aren’t aware of is the continuing SCAP connection at city hall. Not only have former SCAP board members been placed on multiple city committees, they still promote on the city website some of the companies involved. From the company that attempted to channel $62,500 to Benchmark Realty (then owned by Councilman Joe Muratore and his business partner Ryan Swehla), to Joe Gibbs and SCAP.

Joe Gibbs

Stanislaus Community Assistance Project (SCAP)

2209 Coffee Rd. Suite A

Modesto, CA 95355

(209) 572-2437

Jgibbs1@scap4.org

Ryan Swhela

Trinity Ventures

1120 13th Street. Suite I

Modesto, CA 95354

(209) 380-4425

ryan@trinityventures.us

You can see for yourself here  NSP2 Developers straight from the city website.

Recently J.David Wright, Modesto’s third largest political contributor in the last local election helped, Frank Ploof  get placed on the Citizens Housing and Community Development Commission.  It is bad enough that Ploof is a former member of  SCAP’s Board of Directors, he spent 10 months helping Daryl Fair, the former SCAP Board Chairman with a nonprofit that hadn’t filed their papers with the IRS for several years and had lost their nonprofit status.  Now Mr. Wright is also promoting Mr. Fair to run a day drop-in-center for the homeless.  All he needs is a grant. That’s correct,  he wants to stick his hand back in the honey jar, your pocket and mine.   Watching Wright show up at the last city council for the expressed reason of making sure Ploof received the necessary votes sure took the cake. By the way, despite all of the SCAP connections and the fake nonprofit, the vote was 5-1. Councilman Lopez voted against with Councilman Muratore recusing himself from the discussion and vote.

Watching the city representative make sure their “insider friends”, the Beard Industrial Trust, receive special treatment from the LAFCO Board, which cost Modesto millions of dollars between property taxes and utility fees, was enough to turn a citizens stomach. But quite honestly it was just business as usual for Modesto and the County we live in.

Since the Alliance and the Modesto Chamber of Commerce are 501 (c) (6)’s,  they can lobby to their heart’s content and allow donors to receive “business deductions”.  The donors can EXPECT some return on their investment according to Bill Bassett, and receive special favors  from the City and County.

Our Mayor likes to say “Politics just happens to most people.”  Maybe he’s correct, but between the back door, and behind the scenes  dealings that go on every day how is a citizen supposed to have a chance?

Ridenour vs Marsh Two different ways of Treating Ad Hoc Committees

Modesto's Double Tree and Brenden Theater

Modesto’s Double Tree and Brenden Theater (Photo credit: Wikipedia)

By Emerson Drake

This is a follow-up to the Salida Ad Hoc Committee conversation.  Mayor Ridenour had two ad hoc committees while he was Mayor for eight years.  The City of Modesto’s Blue Ribbon Commission on Homelessness and the Comprehensive Fee Task Force.  Both were treated more or less as if they were regular City Committees, and for the most part, behaved as if they were subject to the Brown Act.  They announced the time and place of their meetings, had agendas, met in public, allowed the public to be present, and encouraged public participation albeit after we made a request to the Modesto City Council regarding the Blue Ribbon Commission.

Now the Salida Ad Hoc Committee is suddenly being treated differently than its predecessors. They don’t want the public to be present or the public to participate in the discussions. The only noticeable differences would seem to be the Mayors they were created under.  Just to be sure no other group was working on the people’s business and operating under the radar, we made a public records request. Here is their response. The only caveat in what you are about to read is that the Blue Ribbon Commission on Homelessness is still active despite having given their final report to the Council.

 

Mr. Drake:  Kathy Espinoza has provided the following information:

 

The last two Ad Hoc Committees formed were the Blue Ribbon Commission on Homelessness

and the Comprehensive Fee Task Force. I believe they have completed their work and made recommendations to the City Council.

 

The most recent Ad Hoc Committee formed by the City Council was the Salida Annexation Study Ad Hoc Committee

and they appointed Mayor Marsh, Councilmember Dave Cogdill, Jr. and a staff person.  

 

I am not aware of any other Ad Hoc Committees which have been recently appointed and are working on single focused issues.

 

This completes your public information request.

Hopefully Mayor Marsh will come around and insist the Salida Ad Hoc Committee follow Mayor Ridenour’s example of being transparent when conducting the people’s business and adhere to the  requirements of the Brown Act.

 

Politics and the Salida Ad Hoc Committee

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

By Emerson Drake

When Mayor Marsh and Supervisor Withrow got together and decided to create the Salida Annexation Ad Hoc Committee I immediately became concerned.  Ad hoc committees by definition aren’t legally bound by Brown Act rules. This means they can meet without a publicized agenda and they can meet out of the public’s eye (no pun intended) .   In Modesto our recent ad hoc committee of concern was tha Blue Ribbon Commission on the Homeless.  After going in front of the City Council we were assured, by Mayor Ridenour,  the committee would act as if  under Brown Act guidelines despite the secrecy requested by some of the appointed members.

I appeared in front of both the Board of Supervisors (BoS) and the Modesto City Council and expressed concern and believed everything would be above-board and fully disclosed with public involvement.  The BoS followed through with openness.  Leading the way were Supervisor Terry Withrow and CEO Monica Nino.  I believed at the time Modesto’s Mayor Garrad Marsh was operating along the same lines. 

I was completely mistaken.

Before the City started the Christmas Holiday furlough I called the Mayor’s office and asked to be notified of the next Salida ad hoc meeting date (they had already met once without notifying the public). According to City manager Greg Nyhoff, the City and County received the “draft” Goodwin report on Wednesday 1/2/13.  On Thursday 1/3/13, I received a call from Kathy Espinoza from the Mayor’s office saying the ad hoc committee would be meeting on January 10th. Ms. Espinoza made it very clear the Mayor was not going to allow the public to attend saying she had been in touch with the City Attorney’s office and they explained to her the ad hoc committee wasn’t required by law to adhere to the Brown Act and she conveyed to me the Mayor had no intention in following the Brown Act.

The intrigue

Prior to Ms. Espinoza calling I had received a call from Kacey Smith in Supervisors Withrow’s office extending an invitation to me from Supervisor Withrow to the upcoming meeting and informing me of the time and place. I relayed this to Ms. Espinoza to her chagrin. She explained how Modesto had several ad hoc committees which didn’t allow the public to attend. I asked her the names of current ones and her memory failed her, but she stood her ground saying there were some.

On Friday morning at 11:35 I received an email from Ms. Smith from the Supervisor’s office saying the meeting had been postponed until Jan.28th at 3:00PM on the sixth floor of the City/County building.  This is just one day before the scheduled Salida MAC meeting on Jan.29th at 7:00PM at the Salida library where Mayor Marsh and Supervisor Withrow are on the agenda to speak to those assembled regarding the potential annexation.

Since the Mayor had already received the Goodwin “draft” report when he had Ms. Espinoza call me regarding the ad hoc meeting  you have to wonder why the meeting was postponed.  The only thing that changed was Mayor Marsh learning the public had been invited to attend the meeting.  Why does he feel the need for secrecy?  Why, after saying his administration would insist on transparency,  is he invoking his own personal “cone of silence” over the proceedings?  What doesn’t he want the general public to know or ask?

Open and Transparent or Political Favoritism

Why is the Mayor running from a comparison between his standing in front of LAFCO and basically giving away City services at our expense by saying new businesses moving into the Beard Industrial Tract won’t have to sign a waiver allowing them to be annexed into the city while INSISTING on a knock down drag out fight to bring Salida into Modesto?

Why is it good for business NOT to have to be annexed by Modesto in the Beard Tract while it’s good for business in Salida to be annexed?

We’ll be expressing our concern to both the County Board and the City Council next week at their PUBLIC meetings.  Hopefully the other members of Modesto’s City Council will persuade the Mayor to conduct business in the full view of the public and not behind closed doors.  A public records request has been sent to discover how many more if any committees are ad hoc and conducting City business out of the public’s view.

If you want to hear the Mayor’s comments from his last town hall meeting regarding the annexation they’ll be on Monday night at 6:00PM 1/7 on Comcast 15 or the Assyrian channel on any cable network in the valley  or you can listen to the streaming video here http://www.betnahrain.org/KBSV/kbsv.htm 

As an aside, did I mention the Mayor’s office didn’t call me to say the meeting was rescheduled?  I wonder why?

Apologies to Ms. Espinoza for the now corrected, unintentional, misspelling of her name.

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

Topics include a conversation about does government just happen to people or is it government by ambush, the animal

Français : Radio Contact 104.9 FM

cruelty ordinance, LAFCO vs Salida vs Beard Industrial Tract, Fake Non profits these and more so tune in at 7:00PM Wednesday and find out the things you really  need to know.

104.9 FM Modesto our Flag Ship station

http://www.blogtalkradio.com/centralvalleyhornet/2013/01/03/whats-on-americas-mind-with-emerson-drake

Follow-up to the JPA Animal Abuse Meeting

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

By Emerson Drake

Technically it was the conversation that wasn’t.  Modesto’s representative, MPD’s Captain Harris, didn’t understand that for something to be discussed it had to be on the agenda of the Joint Powers Authority (JPA) since it falls  under the Brown Act.  A lamentable occurence since it would have pushed this to the forefront county-wide.  As long as Stanislaus County District Attorney Birgit Fladager, who claims to be an animal lover through intermediaries, is in office animal abuse will NOT be punished within the County borders. This  makes it imperative for the cities concerned about animal abuse to develop an ordinance of their own.  The potential ordinance was passed out to all of the JPA members, one of whom provided me a copy. 

Modesto City Attorney Susanna Acala Wood is still refining the verbiage but since Modesto’s Safety and Communities Committee’s agenda is full it won’t be heard until sometime in February, so there isn’t a rush.  Since this committee’s meetings have been cancelled four times out of the last six it’s no surprise the agenda is full.

Some of the families including those of Hallie Sue Robinson and Heather Sisk are disappointed that the proposed ordinance won’t provide any remedy for the past.  But they do understand that if these men and any others abuse animals in the future, including cats, they will be punished. 

For those who would like to let District Attorney Birgit Fladager know how they feel about her foot-dragging, here is her office number (525-5550 ).  Please don’t hesitate to call since she likes to hear from the public how you feel about the job she’s doing for you.

We’re going to help by keeping this topic front and center to assist in helping it pass, there are also several vocal supporters in the City Council including Councilmen Joe Muratore, Dave Geer and John Gunderson, along with City Attorney Susana Acala Wood. To get a more complete background on this story we have an article from November 30,  “Modesto’s Cat Killer Phillip Sumner.”

We’ll discuss the rest of the JPA meeting in another article.  Once again there are things both good and bad happening out at the Animal Services Building you need to know but haven’t heard of.

Here is the proposed ordinance without the tweaks”

ORDINANCE NO. __________-C.S.

 

AN ORDINANCE ADDING SECTIONS 5-4.405 TO ARTICLE 4 OF CHAPTER 4 TITLE 5 OF THE MODESTO MUNICIPAL CODE RELATING TO DISPOSITION OF STRAY ANIMALS

 

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

 

 

SECTION 1.   AMENDMENT OF CODE.  Section 5-4.405 is hereby added to Article 4 of Chapter 4 of Title 5 of the Modesto Municipal Code to read as follows:

 

5-4.405    DISPOSITION OF STRAY ANIMALS

 

(a)                It shall be unlawful and a misdemeanor offense for any person who contains any stray animal (including cats) found at large or on their property to abandon the animal.

 

 

(b)               Within eight (8) hours after containing any such animal, the person doing so shall do one of the following:

 

(1)               Return the animal to the owner if the owner is known.

 

 

(2)               Report to City of Modesto Animal Control officials the fact that such animal is contained, a description of the animal and license number of such animal if any; or

 

 

(3)               Transport the animal to the Stanislaus Animal Services Agency facility and provide the date, time and location of when and where the animal was located when surrendering the animal to facility staff.

 

 

(c)                Animal Control Officers shall pick up and dispose of such animal in the same manner as though such animal had been found at large and impounded.

 

 

(d)               This section shall not be interpreted to apply to a person or organization registered with the Animal Services Agency as a caretaker for feral cats when that person is caring for feral cats.

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