Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “Modesto City Council”

Here is a Counter to Marsh’s Letter: Don’t believe Marsh’s Ag-friendly ‘Smokescreen’

By Katherine Borges and Valerie Goldstein keepwoodcolonygreen

Reality is the state of things as they actually exist and not as they may appear or are imagined.

Modesto Mayor Garrad Marsh’s Op-Ed in last Sunday’s Bee (“Mayor: Council acted to protect farmland,” Feb. 9, Page D1), attempts to justify the City Council’s “unprecedented” votes on the general plan update. The reality of the plan means annexation and development for Wood Colony and Salida behind Marsh’s “ag-friendly” smokescreen.

The first item addressed by Marsh is the “return” of the Beckwith Triangle from the general plan. The area was slated to become a ballpark along with commercial and industrial development, which Marsh now describes as an “unsound plan.” The Beckwith Triangle is still a part of Modesto’s new plan update, just with a different zoning mix. But more importantly, how can something be “returned” when it was never yours to begin with?

His next paragraph is an acknowledgment of just how much the Modesto Chamber of Commerce controls the council. Despite the massive and well documented public outcry against including Wood Colony in the general plan, the council conceded to a compromise with the chamber of “around 1,000 acres.” Marsh even refers to it as a “pristine agricultural treasure,” but zones it for both commercial and business park with a gerrymandered notch on Beckwith to try to prevent residents from voting down the annexation.

Marsh’s third point of ag mitigation is nothing more than a damage-control diversion for Jenny Kenoyer’s political gaffes. Stanislaus County already has an ag mitigation policy in place, yet Modesto’s has not yet been approved; which Marsh alludes to with, “If completed … ”

In his fourth attempted rationalization, Marsh cites “1,500 acres of land that was targeted for housing back to ag and out of the General Plan.” To remove LAFCO-approved land in exchange for land that LAFCO previously voted against being urbanized is not commendable but is, in reality, irresponsible planning. (LAFCO is the county commission which approves/denies land annexations.)

Most wouldn’t even know that Salida was included based on Marsh’s skillfully crafted wordsmithing. The land around Gregori High is part of the Salida Community Plan, an initiative passed by the Board of Supervisors for Salida in 2007. To put it another way, Marsh is saying, “ … the best and quickest way for Modesto to attract more jobs without taking any land that retained its agricultural zoning” is to steal it from Salida. The land currently around Gregori is zoned ag and the council has repeatedly admitted the jobs produced are 25-40 years out.

The last Trojan Horse that Marsh trots out is the Residential Urban Limits (RUL), which if approved by voters, would send to ballot any time a residential developer wants to build on farmland. As if the people of Wood Colony are going to respond, “It’s OK for you to bulldoze my house as long as you don’t build another house in its place.”

Like the aforementioned ag mitigation, Stanislaus County already has a rural urban limit in place, Measure E (co-authored by Denny Jackman and … wait for it … Garrad Marsh) passed by voters in 2007. Yet for Wood Colony and Salida, RULs will not apply since neither land-jacking by Modesto involves residential development plans.

Modesto neighbors, please help us! With Salida and Wood Colony united to protect our homes, our farms and our communities, every member of your City Council cast a vote against us. They aren’t listening to us and they aren’t listening to you. We cannot recall them, but you can. Join your district’s recall effort and help take your city back from the money interests. We just want to live our lives in peace without the threat of losing our homes and communities.

By Katherine Borges and Valerie Goldstein

 

Mayor’s Letter to the Modesto Bee and the Citizens of Modesto

Mayor Marsh’s Letter to the Modesto Bee

February 6, 2014 at 8:05pm gmarsh

Often there is perception and then there is reality. The City Council actions on the General Plan Update have, for most, been perceived differently from what is real.

The most far reaching recommendations to protect our agricultural economy ever in Modesto’s history were proposed by the Modesto City Council. At the January 28th Council meeting, the General Plan (of our land use) was recommended to be amended.  Unlike reports and some general concepts of the votes taken, these votes were unprecedented in the history of Modesto.

There were four votes to preserve ag that evening that were unlike any former votes ever made by a Modesto City Council.  This seemed to be missed in the reporting and in the general public’s understanding of the events of that long evening.

First, Modesto REVERSED an almost 20-year general plan policy by RETURNING over 800 acres of Wood Colony to agricultural zoning. In 1995 Modesto designated the “Beckwith Triangle” to become business, industrial, and commercial uses.  This council is abandoning the scope of that former unsound plan.

Second, your City Council rejected the Modesto Chamber of Commerce’s plan to convert almost another 1,000 acres of Wood Colony into industrial and business park uses.  The Chamber had actively lobbied your Council to target this pristine agricultural treasure for development. Modesto Chamber’s early plan was to take over 4,000 acres of Wood Colony, but Modesto staff lowered that to about a thousand.  I believe Modesto’s Council has never before been so agricultural friendly as to rebuff the developer packed Chamber’s proposal.

Third, based upon feisty Councilwoman Jenny Kenoyer’s motion, Modesto moved forward the idea of farmland mitigation. Never in Modesto’s history has it taken steps to enact a policy to save farmland. On a narrow 4-3 vote this policy change moved forward. If completed it would require permanent protection of agricultural land equal to any land the City takes into its city limits.

And fourth, Modesto is returning 1,500 acres of land that was targeted for housing back to ag and out of the General Plan. It also is returning 320 acres of business-designated land to agricultural uses.  What especially makes these plans unparalleled is this land was already blessed by LAFCO (the countywide land authority on urbanization) to let Modesto develop. Think of that. Modesto is taking prime farmland that has for decades been planned to be paved over for housing and returning it to agricultural uses.

I am of the opinion that those who have had undue influence over the city’s council for far too long, were shocked by the results of Jan. 28th’s actions. There have even been whispers of recall.  Really?  A recall because the importance of ag was finally recognized by action.  This Council finally put our agricultural heritage ahead of money.

Besides those extraordinary votes, the Council took action to secure well-located business property for the future. I support the idea of moving forward on the business designated land around Gregori High.  The County Board of Supervisors had already given a 25 year right for developers to build on this land.  This is the best and quickest way for Modesto to attract more jobs without taking any land that retained its agricultural zoning.

One other vote from the week previous to the General Plan agenda also got no coverage. The City Council moved a residential urban limits (RUL) question to the next City ballot. If approved by the voters, this would build a wall between Modesto and prime farmland for building of homes.  Again, an historic move by this Council.

If anyone would like more information on these historic steps toward Modesto’s recognition of agriculture’s importance to our economy or the votes taken by your council, I would be pleased to meet with you. Email gmarsh@modestogov.com.

I will be presenting the State of the City address on Wednesday, February 26th at 5:30 p.m.  The address will be given in the City Council chambers, lower floor of the City-County building, 1010 10th street.  Questions will be taken at the end of the address.

Garrad Marsh, MayorCity of Modesto

3700 McHenry Ave.Modesto, CA 95356209-417-7991

mchbowl@aol.com

We’ve added Marsh’s letter to the Eye to future reference it.  It has been spread on facebook days before being printed in the Bee.  We will respond to its contents at a future date.

Vindictiveness Doesn’t Look Good on a City Councilwoman

By Emerson Drake jkenoyer

Ms, Kenoyer had stated during her campaign she would NOT support any attempt to annex Salida.  She repeated it several times on Jan 7th.  Over the weekend she received a flyer JennyKenoyer_flyer which upset her. Apparently she was offended at being reminded of the promises she broke and of course having flyers being passed out didn’t help.

Now Ms. Kenoyer is running around telling people she’s going to teach Salida a lesson.  Watch closely and you’ll see our ‘Jenny’ vote against the very people she promised to support.

Jenny’s promises and her word seem to be worthless.   And for someone like myself who has been a constant supporter of hers for many years this is heartbreaking.

We’ve only just begun. It’s time to hold politicians accountable to the people.  The copy machines are warmed up and the people are motivated.

There’s Still time to Help Wood Colony and Salida

modestoarch

Please write your councilperson  and or all of them and tell them to leave Wood Colony and Salida alone.  Anyone can email them so please, do it now.  Also feel free to call them at 571-5597.

Marsh can be reached at mayor@modestogov.com

The rest of the council by using the first letter of their first name and their last . The email addresses follow by council district

jgunderson@modestogov.com   tmadrigal@modestogov.com  dlopez@modestogov.com  bzoslocki@modestogov.com jkenoyer@modestogov.com dcogdill@modestogov.com

Mayor and City Attorney Create Imaginary City Council Policy

By Emerson Drake gmarsh

In recent weeks we’ve made several attempts to contact the interim City Attorney for Modesto,  Adam Lindgren,  we’ve left detailed messages but Mr. Lindgren refuses to return our calls.  The first time was before the Jan. 7th meeting of the City Council to discuss the Mayor’s illegal refusal to allow those who had spoken at the Dec. 3rd meeting regarding the General Plan Amendment to speak again despite the fact that the proposal had changed significantly.  We left messages explaining the legal ramifications in an attempt to head this miscarriage of the Brown Act off at the pass. Unfortunately the City Attorney had been given the task of ‘finding’ a way to keep the people from speaking again so it became necessary to educate both he and the Mayor in public. Fortunately one of our contributors quoted the case on point (Friant Water Authority v. County of Madera) and eventually the Mayor relented and allowed those who spoke at the Dec.3rd meeting to speak again.

The second time it’s regarding the Mayors threat to remove anyone holding signs from the meeting. Admittedly it was a childish threat made in anger.  We called Mr. Lindgren, who seems to ALWAYS be out of the office,  several times but he refuses to return my call.   So as is our way, we made a Public Record Request of the city for the applicable City Charter amendment that would allow the Mayor to  take away the First Amendment rights of the attendees. The Supreme Court has ruled signs are “free speech.”   Here are the eleven pages the City responded with. If you can find where this document allows the Mayor to threaten to throw citizens out of the meeting for carrying signs please let us know.City_Council_Organization_and_Procedure (2)

Mr. Mayor, until you finally corrected yourself towards the end of the Jan.7th  meeting you violated the law,   please don’t do it Tuesday night.

Today in the Name of Freedom We Start Taking the Battle to Them

By Emerson Drake7539_644398712288462_663275294_n

Okay it’s a little dramatic, but it fits.  The Modesto City Council is preparing, through its General Plan Amendment update, to annex Wood Colony and possibly Salida and I say enough is enough.  Unlike the beleaguered citizens of Modesto, residents of Wood Colony and Salida have a means to fight back.  Marketplace Shopping Center is a prime example.  Modesto residents came out in droves to protest the building of the center at Sylvan and Oakdale roads but the city council, after pretending to listen and postponing the decision a few times, decided developers were more important to them than the voting citizens of the neighborhood.  They can’t protest the decision to a higher authority like Wood Colony and Salida will be able to ie: LAFCO.

The Modesto City Council has been drinking the Chamber of Commerce’s Kool aid.

After speaking with Councilwoman Jenny Kenoyer on Jan.7th it became obvious, that despite her protestations of independent research, she was mouthing the exact platitudes of the Chamber’s Craig Lewis and lobbyist Cecil Russell.

Jobs, Jobs, Jobs, is the chant.  But all they are providing are empty promises of ‘core’ jobs which is deceiving few if any.  Core jobs don’t rely on freeway access, warehouse and distribution jobs at $10 to $12 an hour do.  And the Chamber says we should be grateful for that.  But Bill Lyons’ Wood Colony Business Park (WCBP) would provide the 5% commissions for Realtors like Councilman Bill Zoslocki and his boss at Prudential Realty, Craig Lewis.  Jenny likes to say she wants a research facility to be built at WCPB and challenged me to give her another option.  Very simple, if it’s going to be 10 to 20 years before build-out, which I doubt, lets use the second rate soil on land East of Modesto.   Just like the Chamber, Jenny dismissed this out of hand.   Why?  Because they know it’s out best option and it undermines their arguments in favor of Salida and Wood Colony.

Another talking point they, the Chamber and many members of the Council make is a business park would keep our children from leaving Modesto.  What a joke, but again false promises hold out hope to parents of children who might leave after college graduation.  I suppose if they had a child who wanted to be an oceanographer they’d promise to build an ocean in the proposed park too.

Their spiel isn’t about truth, it’s about taking advantage of the hard times and making as much money as possible for themselves and their friends just like developer and profiteer Bill Zoslocki did with Village I.

I supported Jenny Kenoyer when she ran for office the first time. I sat with her and fought the proposed water sale to San Francisco.  I heard her speak many times about preserving prime farmland.  And now because she mentions  farmland mitigation she believes it covers for her sins for making false campaign promises.  I understand some politicians lie to get in office but I truly never expected it of her, not to this extent.

And as for taking the fight to them…

There are people walking Modesto council districts explaining to the people just how badly the City Council is treating the German Baptist Brethren in Wood Colony.   But as Jenny admitted saying, they (the Brethren) can’t vote for her.

Food for thought about the Modesto Chamber of Commerce and those in the Modesto City Council who vote against the preservation of Wood Colony and Salida…To know where Evil grows and permit it to flourish is to accept responsibility for all that follows.

‘We The People’ Modesto Chapter

By Emerson Drake                    honorourheritage

I think it’s time for the people of Stanislaus County to have an organization  of their own representing them.  It wouldn’t be affiliated with any other groups, and is just out of concern for the issues faced by those of us in the Central Valley.  We’ve watched Modesto try to claim land belonging to the residents of Salida and now Wood Colony is being threatened with extinction.  It’s important to understand extinction is exactly what will happen if the majority of the Modesto City Council gets their way.  It’s the extinction of a way of life for the German Baptist Brethren, and everyone else who lives in the area.   Once industry invades Wood Colony it’s the beginning of the end.

Going to the Modesto Planning Commission meetings we heard the Modesto  Chamber of Commerce attempt to extend Modesto’s influence to the river on the West and North.  They were claiming ‘they’ would protect farmland but the reality is something completely different.  This massive land grab they attempted to bring into Modesto’s General Plan (37 square miles) was larger than Modesto proper (34 square miles.)

Individually they can ignore the will of the people but collectively they have to listen.  It’s important for everyone to come forward and speak your mind to the Modesto City Council.  Citizens of Modesto especially.  Why?  Because the Majority of the City Council is preparing to help you surrender your ability to vote on Modesto’s annexations.  We ALL need to protect Measures A and M because they help us to rein in the greed coming from the Modesto Chamber of Commerce and being funneled through the City Council.

The people of Wood Colony and Salida need and deserve our support. Only by standing together can we survive the onslaught being perpetuated by the Modesto City Council and Modesto Chamber of Commerce.

Think about it.

Special thanks to the Fly N Dutchman Graphics and Banners for the picture.

Mayor Marsh and Some Council Members Want to Silence the Opposition

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By Emerson Drake

Thanks to Mayor Marsh the excrement has hit the oscillating rotary device (something about hitting a fan).  We learned last week Mayor Marsh was planning NOT to allow people who had spoken at the December City Council meeting to speak again.  Apparently if you don’t agree with the Mayor and Modesto Chamber of Commerce’s land grab proposal (also known as Pathways to SPRAWL) you should sit down and shut up!

When we tried to inform people regarding his plan we were met with disbelief.  Not that people thought we were lying, but shaking their collective heads thinking it was political suicide and was unthinkable.  But now it has been made public (remember just because you might have read it in the Bee doesn’t make it wrong.. :).  We were singing our tale loud and long (including to the Bee) because the purpose is to get the word out to as many people as possible.

What may have slipped past many people is the Mayor and staff are cooking up an idea to delay Denny Jackman’s Residential Urban Limit (RUL) proposal they had originally slated to vote on next year and place it on the 2015 ballot along with the removal of Measures A&M. Now I believe Denny’s RUL was watered down in order to get it past the City Council but it would be better than nothing, but NOT worth exchanging Measure A&M for.  No Way.

Just to refresh your memory, here are the official versions of A&M taken from the city website.

Measure A
On March 6, 1979, the voters enacted Measure A, the “Citizens’ Advisory Growth Management Act,” which requires the City Council to hold an advisory vote of the citizens of Modesto prior to extending sewer trunk lines to areas outside of the current sewer service area. Measure A allows Modesto’s citizens to voice their opinions on growth before it happens and ensures that City Council members know the public opinion.

Measure M

On November 4, 1997, the voters enacted Measure M, the “Modesto Citizens’ Advisory Growth Management Act of 1995”.  The purpose of Measure M is to extend the advisory votes required by Measure A to all sewer improvements and to bring the public’s voice into decisions concerning whether or not to allow urban expansion.  And of course the link for those named Thomas…. http://www.ci.modesto.ca.us/ced/documents/planning_urbanarea.asp (http://www.ci.modesto.ca.us/ced/documents/planning_urban-area.asp)

A and M allow the citizens of Modesto to control, what in the past was uncontrolled growth (SPRAWL) and to help maintain the quality of life Modestans enjoy and to keep Modesto’s greedy developers at bay.  We have been aware for years that the developers, staffers, Chamber of Commerce and some elected officials don’t want the public to be able to weigh in.  Four years ago when David Geer was first elected we had five areas to vote on and ALL five were turned down by the voters by a margin of 60 – 70 percent.  Yet current council members have referred to this vote as voter fatigue and try to use this as a reason to negate your prior vote.  Councilman Lopez was one of the worst offenders at this.

Tuesday night at 5:30 in the basement of 1010 10th Street (City Hall), the Council will be considering and discussing the General Plan Amendment which may or may not include Salida (Marsh says yes), but definitely will include 1825 acres of Wood Colony.  I believe since the staff proposal has been changed EVERYONE should get to speak.  But Marsh is tired of people not agreeing with him, but that isn’t our problem.  As they say in business, he isn’t hourly, he’s salary (as they all are) and as such should allow the public to speak.  The RUL extension is on the calendar as is the Berberian Shopping Center slated for the corner of Sylvan and Oakdale Roads.

Come early and be prepared for a lengthy meeting.  Remember, this is part of their plan.  They want you to get tired and discouraged and go home without speaking.

If you are interested in some of the players behind the scenes in this little play of greed, check out this website and see who owns the property involved.  It isn’t just Prudential Real Estate Salesmen like Craig Lewis and Councilman Bill Zoslocki (yes, Bill works for Craig) who have been pushing this nasty piece of business through the Planning Commission, others are involved, like lobbyist Cecil Russel with the Modesto Chamber of Commerce.

Here is a link to the maps of the county.  use the little hand to see who the players are in Wood Colony from the vocal to the silent.  The silence is deafening-but you can afford to be silent when others do your bidding for you.  This is a new link that works. Thanks to those who pointed out the difficulty.
http://gis.stancounty.com/giscentral/public/map/esri/flex/parcelfinder/index.jsp

Stanislaus County: GIS Central :: GIS Standards.

gis.stancounty.com

The sabbatical is over…I’m back!

As a point of interest the OFFICIAL minutes of the council don’t list the speakers….so maybe no one spoke..:)

Lessons Learned during the Measure X Campaign

By Emerson Drake

Measure X,  the one cent or 1% increase in our sales tax was a complicated issue from the start. First there was  $35,000 poll which mainly questioned white homeowners.  Unfortunately, for those in favor of Measure X, the demographics of the city didn’t cooperate.  But the real germination  was during the budget preparation process last year.

PG Measure X

Mike Hardin Lying to the public saying the money would be kept in a lock box for safety.   Photo credit Patty Guerra

The Mayor and City Council, as if playing pinochle, were playing for the last trick. Dragging out the hand to hide a losing card yet to be played.  They were well aware the deficit budgeting tactics they had been employing for several years couldn’t continue.  Robbing from Peter to pay Paul, which in this case was from money set aside for our self funded workers comp and retirement funds to name just a few.  Knowing the practice would be coming to an abrupt end in another year they made the decision to find a way to convince the public to once again tax themselves to cover the shortfall.

The obvious way was to dangle a .5% increase based on improving our police presence and shortening response times for our Fire Dept. and an additional .5% split between roads and a variety of ‘funny’ money projects.  The .25% was promised to a variety of organizations  and special interest groups.

While sitting in on budget workshops and Finance and Economic Development Committees I had the opportunity to learn what I didn’t know and what they didn’t want us to know in order to be able to ask the hard questions.  Questions regarding the true budget shortfall and how they intended to address it.

For example they said they planned on hiring 60-80 police officers (yes Nyhoff said 80) but they didn’t mention they only planned on hiring 20 or less each year.  And of course the plan included one fire engine and eight crew members and one chief.  If you ballpark $110,000 for each police and $90,000 per fireman, obviously money would be left from the estimated $13M the .5% would raise.  Instead of saving the money for future salaries  they intended on spending it on the budget deficit.

The other .5% was to be split evenly between roads and special projects.  Some of these were to be one time expenditures chosen by public committees.  But much was promised in the way of financial incentives to local business already open here in Modesto. An example of these were proposed by Cogdill and Burnside to pay for facades for existing buildings, and an  inducement of up to $9,000 to provide new jobs downtown (many of these would be minimum wage food service positions.)  Cogdill wanted to give more money to the Alliance (we already give $65,000 yearly) and use more of the money to help develop Tivoli  in addition to the special treatment already given by absolving them of previously included Ag mitigation responsibilities.

Also mentioned by staff were projects to run infrastructure to newly annexed areas to speed up possible business on the city’s North side.  But if you kept a running total (like I did) of the monies promised you quickly realized much of it was promised several times over to different groups from city planners to citizens committees to the Chamber of Commerce.

Which at first glance doesn’t sound bad, except if the road tax were to pass in 2015. Then according to the way Measure X was written,  .5% would be repealed and only the .5% for safety would be left.   By late 2015 we would have, in theory, hired 40 police and 9 fire and be interviewing another 20.  But we would have that elusive $6.5 to $11.2 Million dollar budget shortfall.  Even though we’ve seen property prices rise, Modesto gets the majority of its money from sales tax revenue.  And there’s no need to point out wages haven’t risen and the unemployment figures are still high and skewed since once you no longer receive unemployment benefits, the statistics assume you’re working.

The problem becomes how to cover the budget shortfall,  pay for the new safety officers and the rising wage (fire was already given their raises so they could claim the Measure X money wasn’t going for new raises, MPD’s contract is up next year)  costs  along with repaying the money borrowed to fund the deficit in prior years.

It simply couldn’t be done.  And don’t get me wrong,  I went in front of the City Council three times asking/begging for the .5% to be kept sacrosanct and argued during committee meetings for the same.  City Manager Gregg Nyhoff and the Mayor were playing Pollyanna by saying during the meetings they were hoping the economy would come back by then.  But too many promises were made to too many groups for Measure X to succeed in its goals.

We were going to be put in a position of laying off the newly hired officers just to keep status quo in city government.  Do we want to close city parks, golf courses, and lose city services?  No, but were/are there any realistic choices?  The City Manager and Mayor refused to present a clear picture to the public.  They promised millions of dollars over the six years to the Chamber just to keep them effectively on the sidelines (yet several members went ahead and helped fund No on X.)  We find this strange since businesses don’t pay sales tax they only collect it.  But they still believed in the need to placate a lobbying organization (a 501 (c) 6 ) like the Chamber.  If they had been willing to do battle with these greedy businessmen in the past, the Chamber,  like the Christmas time story’s  Humble Bumble, wouldn’t have any teeth, but I digress.

When they look you in the eye up front and intentionally mislead you, the one thing you can be sure about is that it isn’t going to get any better and that six years down the road, if anything it was going to be worse.

We needed the additional police officers and firefighters badly.  We needed a funding mechanism for the budget.  But with its .5% being repealed if the self-help  road tax passes (the road tax allows us to leverage our money several times over ) and with a six year sunset,  Measure X,  unfortunately,  wasn’t up to the task, no matter how badly we wanted it to be.

What’s on America’s Mind With Emerson Drake

Topics include Women’s voting issues from around the country, what political

Radio RED 104.9 FM

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

candidates should and shouldn’t put on their facebook pages, Jim Mortensen’s reasons he lost the MID race, Mike Hardin’s Measure X claims and the missing truth about Modesto’s budget, these topics and more so tune in and find out what you need to know to make decisions important to you, your family and your community. Fridays at Noon.

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To listen live or from our archives at your convenience:  http://www.blogtalkradio.com/whats-on-americas-mind/2013/11/08/hats-on-americas-mind-with-emerson-drake

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