Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “Modesto California”

“What’s on America’s Mind”

Topic to be covered include MID’s Tom Van Groningen and Glen Wild short circuiting public input, how Tom and Glen “approved”  $21,000 for their special friend Carol Whiteside without a purchase order, the committee they propose to decide our water future, Modesto Chamber of Commerce’s lobbyist Cecil Russell taking your tax money for his project You get to pay for his applause,   McClatchy’s Modesto Pravda’s very own Tokyo Rose…Judy Sly, Low Hanging Fruit is how some of  the City and County liaison members referred to Salida as, This and More so join us at 7:00 PM Wednesday right here on BlogTalk or on 104.9 FM Salida.

http://www.blogtalkradio.com/centralvalleyhornet/2012/10/11/whats-on-americas-mind-with-emerson-drake 

And don’t forget to like  our Facebook page

https://www.facebook.com/WhatsOnAmericasMind?ref=hl 

More information can be found on these and other subjects at www.EyeOnModesto.com

Gregg Nyhoff’s SCAP Investigation ?

By Emerson Drake

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

English: Author: Carl Skaggs This image was taken by me on January 14, 2010 in Modesto, California I hereby relinquish all rights to this photo. (Photo credit: Wikipedia)

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

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

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

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

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

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

Here is Nyhoff’s written  investigation.

 SCAP

The city’s response to the Grand Jury

26325909142012045636359

The Grand Jury’s findings

26326009142012045954562

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

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

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

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

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

A montage I (Valente Q.C.) made with pictures that I took for the Infobox in the Modesto, California Article. (Photo credit: Wikipedia)

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

Wednesday nights at 7:00 PM Pacific

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

104.9 FM is our flagship station

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

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

By Emerson Drake

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

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

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

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

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

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

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

The Salida MAC Newsletter

 

Salida Municipal Advisory Council Newsletter

September 2012                                                                                                                                   Editor: Katherine Borges

 

Next Salida MAC Meeting:

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

 

Speaker: Salida Union School Superintendent,
Twila Tosh

 

Salida Library Community Room
4835 Sisk Rd. Salida

 

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

 

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

 Saturday 11am-1pm

 

Report on August’s Salida MAC Meeting –

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

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

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

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

 
     

 

Joan Rutschow Addressing The MID Board of Directors

Contracts

Contracts (Photo credit: NobMouse)

By Joan Rutschow of the Stanislaus Taxpayers Association

Good morning, MID Board and ratepayers and voters.  I would like to address the water contract.

The water sale contract puts San Francisco in 1st position ahead of Modesto residents and farmers.

MID would have no “out” on the contract for 50 years unless San Francisco defaults.  San Francisco can terminate the deal in any year by deciding not to allocate funds.  Very simply, the contract ties up our water for 50 years, giving San Francisco priority over Modesto.  San Francisco would be entitled to the full contract amount even if MID cuts deliveries to Modesto and our farmers due to drought or any other unforseen reason. 

Bee Article (6-16-12), “San Francisco cannot agree to a water sale contract that gives preference to Modesto!”  MID is agreeing to sell water we might not have!  Suggesting that we have excess water to sell, MID management has increased the risks that we will face onerous bypass flow regulations under our new FERC license and jeopardize our ability to meet local needs.  San Francisco understands this and can terminate the agreement if they cannot live with the bypass requirements.  There is no similar right to terminate by MID!!!  MID will be solely responsible for all costs, compliance with all laws, agreements with all third parties.  The agreement shifts all risk, liability and compliance with laws onto the MID ratepayer.  This entire contract stinks to high heaven! 

Question – what caused this gigantic mess?  A long list of poor policies and poor decisions by management and directors!  Let me count the ways:

1.  $1.3 billion debt (Editorial in  Modesto Bee, 6-6-12 – Ed Bearden)

2.  Phase 2 treatment plant failures

3.  Significant deterioration of MID’s balance sheet during past ten years (Editorial in Modesto Bee, 5-17-12, Jeff Burda –  unfunded pension obligations of $60 million (2010), unfunded health care obligations – $66 million)

4.  Unprecedented increase in electric rates, reversing our competitive advantage for job creation

5.  Recent settlement of the biomass lawsuit for $1.2 million

MID management has put the rate payers and farmers into a deep financial hole.  Unfortunately, MID is willing to sacrifice our economic lives for its immediate financial needs.

Selling our water is NOT a good idea.  It is a disaster.  It violates Modesto’s contract with MID from 2005 to supply Modesto with 30 – 36 million gallons per day of treated Tuolumne River water.  MID is trying to break that contract.

Yes to food, yes to jobs, yes to life, because water = food = jobs = life itself.

NO to selling our precious resource (our water) to San Francisco!

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

Our topics will include the Salida Now vote, The County’s stand on growth in Salida, the WestPark vote and Garry Kamilos’ bamboozling Judy Sly and the Bee, shortchanging the public regarding Modesto’s Centre Plaza, MID latest misinformation, skinny dipping in the Sea of Gailiee,  are they trips or bribes, Rep. Todd  Akin and “legitimatel” rape,  the continuing War on Women, and much more. 

Wednesday at 7:00 PM Pacific.

http://www.blogtalkradio.com/centralvalleyhornet/2012/08/23/whats-on-americas-mind-with-emerson-drake

Join us in the Chatroom or call the show by dialing

1-347-215-9414

or 104.9 FM K-GIG

To see extra details go to http://EyeOnModesto.com/

Please visit the “What’s on America’s Mind”  along with “Eye On Modesto”  facebook pages, don’t forget to like.

The Salida Now Ordinance S.C. 1005

To see the entire ordinance click on the link at the bottom.

ORDINANCE C.S. 1005

Upon motion of Supervisor Grover, seconded by

Supervisor Monteith, Ordinance C.S. 1005 was

passed and adopted at a regular meeting of the

Board of Supervisors of the County of Stanislaus,

State of California, this 7th day of August 2007, by

the following called vote:

AYES: SUPERVISORS: Grover, Monteith,

and DeMartini

NOES: SUPERVISORS: Mayfield and Chairman

O’Brien

ABSENT: SUPERVISORS: None

ABSTAINING: SUPERVISORS: None

Ordinance C.S. 1005 adopted without alteration the

County of Stanislaus Salida Area Planning, Road

Improvement, Economic Development, and Farmland

Protection Initiative. The Board also accepted

as a critical and integral component to the Initiative

and Development Agreement signed copies of

the First Amendment to Development Agreement,

which clarifies the authority of the Board of Supervisors

to condition or deny a development plan that

includes residential development if such development

cannot fully fund the cost of infrastructure for

business Park and industrial development. This ordinance

amends the County General Plan and County

Code to expand the Salida Community Plan area

and create a comprehensivelY planned Salida Community

Plan and related zoning classifications.

This new Community Plan will Provide for transportation

improvements, industrial business, commercial

centers, parks, school sites, and residential.

This ordinance approves a development

agreement that establishes the general plan and

zoning designations for twenty-five years, irrespective

of any growth control measures later enacted

by the voters or the Board of Supervisors. This

ordinance is not the final approval to develop the

Salida Community Plan. This ordinance requires

that any development within the Salidc Community

Plan Amendment Area requires the prtparation of

a programmatic-level Environmental Impact Report

prior to development.

A full copy of Ordinance C.S. 1005 is available online

at and is available for review at the Clerk of

the Board’s Office, 1010 10th Street, Suite 6700, Modesto,

CA. For further information, call the Stanislaus

County Counsel’s Office at 525-6376.

BY ORDER OF THE BOARD

OF

SUPERVISORS

DATED: August 7,2007

 

ATTEST: CHRISTINE FERRARO TALLMAN,

 

Clerk of the Board of Supervisorsof the County of

 

Stanislaus,State of California

 

BY: Elizabeth A. King,

 

Assistont Clerk of the Board

 

AUGUST 20, 2007

 To see the entire Salida Now Package click on 810 ordinance.

B10Ordinance

Aditional file footnotes.

 http://www.co.stanislaus.ca.us/bos/agenda/2007/20070807/B10Ordinance.pdf

Hammett Road Interchange and the North County Corridor – Could there be a Connection?

By Emerson Drake

Decisions Facing Salida and  Modesto Citizens

We’re facing another one of those self full-filling prophesies.  We have the 2007 Salida Now proposition where the Board of Supervisors rushed,  in order to thwart the will of the people and voted for Salida Now.  By doing this, they were “casting in stone for 25 years”  for developers to build 4,000 homes and designating large amounts of land for mixed residential (homes and businesses and other land use designations)  before the public could vote to could stop the project.

Now they’re saying because of the Salida Now, we need to push forward and embrace the Hammett Road interchange.  But the result of building the exchange, in the eyes of many, will be to set aside the idea of using Kiernan as the Highway 99 connecting leg and allow the developers, who are always looking 20 years ahead, to pave over even more prime farm land between Kiernan and Stanislaus River and McHenry Avenue, thereby creating even more opportunity for them to plant driveways, not crops and to build homes and rake in high short-term profits, while abandoning Stanislaus County residents  to yet more massive subdivisions as soon as the economy turns around.

Do We Have Options?

At last Tuesday night’s town meeting the public had the opportunity to hear the County/Cal Trans proposals regarding the interchange.  Questions arose from the public that it would take an attorney well versed in County law to answer.  Unfortunately none were present. Here are some of the questions the public asked that night.

1. Is it possible for Salida to have a referendum and vote to refute the County Boards’ Salida Now land use vote from 2007?

2. Are Salida citizens guaranteed by law a vote in any annexation attempt by Modesto?

3. How much is left in the account the County says developers contributed to in order to push the Hammett Road Interchange?

4. Exactly how many years are remaining from the Salida Now vote regarding land use designations?

5. Exactly how many years will remain on Salida Now land use rules if Modesto annexes them?

6. Will Modesto citizens get to vote on annexing Salida?

7. For the sake of openness, exactly which companies and their owners,  were the land use guarantees made to?

These questions will be asked of the Stanislaus County Board of Supervisors at the August 7th 2012 meeting.

A Salida Resident Read the Following Suggestions at the Meeting Tuesday Night

7-31-2012:  Notes on the road service for Salida area projects:

No more prime corners used for storm drain ponds with fences for spray paint taggers!  Salida already has one at Sisk and Highway 219.

Feeder roads and traffic light intersections must be set back 3000 feet from the freeway, the current mess of Sisk Road next to the freeway slowing traffic on the freeway down to a stop is very poor planning.  What we have now is Service Level F for traffic flow.

Freeway exits and entrances should be full clover leaf designs, you should not have to slow down or stop to cross over the oncoming lanes of traffic to get on or off the freeway.

Any uses of electricity should be offset by solar panels that feed the grid during the day, banking the power that will be needed at night, for traffic control lights, street lights, storm water pumps and landscaping needs.  The real costs of the projects should not be ‘externalized’ or passed on to the public tax rolls at large, but paid for by the project developers and home construction companies, etc….in the Salida road projects many of the costs should be passed onto the developers of the Riverbank Crossroads project, it seems all of Riverbank uses Salida as it’s on/off ramp to Highway 99, in fact due to the Stanislaus River, Salida acts as the bridge off what is basically an island in northwest Stanislaus County.

Currently we have an unsafe pedestrian environment for children to walk or bike to the new Salida High School.  Sidewalks, bike lanes and CROSS WALKS or pedestrian bridges must be built to keep our children safe and plan for a walkable community.

Developments such as Costco’s store, a half mile off the street with no safe walkway to the building and a car entrance too darn close to the freeway that impacts freeway traffic, are not to be repeated!

Long term Salida goals require a retail sales tax base.  Careful zoning and roadway planning are required to realize this outcome.  The first step would be to bring a local bank back to the Salida area!

The environmental impact from heavy traffic due to cars and trucks will be a major problem for the Salida area.  PM1 and PM10, soot, ozone, smog, road noise, car stereo abuse, oversized exhaust systems and polluted storm drain run off, litter and 1000 wads of discarded chewing gum on the street all degrade our lives in so many ways and impact children even more so.

Sound walls, raised earth berms, quiet road surfaces and properly sized (narrowly painted) lanes can help to regulate speed and in a small way offset the projects very negative impact on Salida.

All of this area is prime farm land served by an excellent 100 year old canal water system.  All efforts should be made to complete the Kiernan Avenue/Claribel Highway system to the City of Oakdale before any new farm land is consumed for developer profit!

Brad Johnson

10 years as a Salida Town Council Member and Local Public Radio Station Operator, 104.9FM.

http://www.KGIG.org

Everyone should attend these meeting because you have a chance to have your voice heard.  Will it make a difference?  Only time will tell.  Hopefully the County Board will allow the County Attorney to answer these and other questions which  might arise.

The Following is the Handout from  the Salida/Hammett Road Interchange Meeting from July 31,2012

HammettPubMeetingJUL312012PRESENTATIONHANDOUTREV5

MID Violates Brown Act and Public Records Act in the Same Week

Page 2 - A POCKET GUIDE TO THE CALIFORNIA PUBL...

Page 2 – A POCKET GUIDE TO THE CALIFORNIA PUBLIC RECORDS ACT (Photo credit: absurd_hero)

By Emerson Drake

During the Modesto Irrigation District Board Meeting on July 24,2012,  Board President Tom Van Groningen refused to allow the public to speak in response to several agendized items.  This is a direct violation and should not be allowed but this Board President likes making up rules as he goes along.

Just a point of reference, but Bee reporter John Holland was sitting just a few rows away from me, but somehow neglected to report this Brown Act Violation in his story about the meeting.

The Public Records Act limits the time a public agency has to respond to inquiries and since no emergency delay has been requested, by the time MID responds they will be in violation.  MID has delayed many Public Records Act requests, and this is just another example.

 

To: Emerson Drake Via email only

Re: California Public Records Act Request

Dear Mr. Drake:

On July 16, 2012 Modesto Irrigation District received your Public Records Request via

email, requesting  copies of any contracts regarding George Petrulakis or his law firm and

copies of any pay outs to him or his firm.

In accordance with Government Code section 6253, MID will comply with your request

to the extent that the writings you have requested are not privileged or otherwise exempt from

production under the California Public Records Act, or other applicable law.

We are currently gathering the information and will notify you when the information is

ready.

Should you have any questions regarding this matter, please do not hesitate to contact this

office at (209) 526-7388.

Sincerely,

Tim O’Laughlin

General Counsel

Copy: Allen Short

Pat

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