Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “Modesto Irrigation District”

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

Blogtalk

Blogtalk (Photo credit: onitz)

Tonight’s discussions include the MPD’s response to a 14-year-old girl getting beat up and a video made at Enochs High school,  last nights Salida MAC meeting including an update on the annexation, MID cover-up of $21,000 in “special spending”, A quick look at the local Bail Bond Industry, missed opportunity regarding the veteran’s jobs bill.  This and more, so make a difference by participating in the democratic process and let your voice be heard.

7:00 PM Wednesday on Blogtalk or 104.9 FM Salida/Modesto

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

http://www.blogtalkradio.com/centralvalleyhornet/2012/09/27/whats-on-americas-mind-with-emerson-drake

Some of the topics discussed will reference articles on http://EyeOnModesto.com/

People – 1, MID – 0, in Best of 7

By Emerson Drake

After a hard-fought battle the people of Stanislaus County emerged victorious.  But we can’t let our guards down.  Modesto Irrigation District could decide to re-open the issue at any time and General Manager Allen Short is probably already exploring a way around the Board. 

                                               The Seventh Inning Stretch

The letter from the SFPUC  didn’t arrive in time for the public meeting.  It magically appeared during the closed session. Between the suspect timing of the letter’s arrival, and the realization that their terms had been rejected, three of the Directors had finally had enough. Larry Byrd, Nick Blom, and Paul Warda, to paraphrase, said enough was enough.  Directors Van Groningen and Wild went apoplectic!  They argued vehemently to bring one of the opposing Directors around to no avail.  And in a move of political butt-covering decided to make the vote unanimous.

Of course Dir. Van Groningen went from newspaper to newspaper making specious  claims of being unhappy with the contract, but what we need to remember is that he was ready to sign this terrible contract back in January. So his words, as far as I’m concerned, fall on deaf ears. 

Now it appears we get to see how the staff was divvying up the money before the water contract was signed, or maybe this is the kind of spending that got them so deep in the red.  As you’ll see, it really does pay to stay for the budget workshop.

                                               The Scouting Report

The budget workshop showed, at least in some people’s eyes,where they had intended to spend some of the water sale money.  Allen Short is requesting in the 2012 budget $30,000 dollars to spend for his outer office.  Eyes were raised when the figure was announced.  Allen said the money was going for two desks and a counter.  Pretty fancy desks and one heck of a counter.

So why should $210,000 for carpeting the second floor in the 2014 budget bother anyone?  At $61.76 per square yard installed we should be happy. Buying 3,400 yards I’m sure they got a discount.   The justification they used was “The carpet is difficult to clean and make presentable.” 

What’s the big deal about an $8,000 ice machine?  Just because the old one  still works and they’re keeping it for the employees to use, what’s the problem?  Must be nice to work for the ivory tower at the Taj Mahal.  You’d think since they didn’t have to make any concessions regarding their health insurance or to contribute to their retirement (except for new employees) they’d be happy, except of course for the new people who were thrown under the bus and will be required to help pay for both.

Did I mention the proposed management raises?  A Public Information Request came back saying they don’t have anything on paper regarding them.  Allegedly they want the Board to vote on unknown raises for unknown people.  Don’t get me wrong, Tom Van Groningen and Glen Wild are ready to vote for them and are insisting if the rank and file gets a raise so does management. 

Could it be some of the members of  this Board are tired of being led around by the nose?  Allen Short doesn’t believe it yet or at least isn’t willing to admit it. Allen is spending money like he isn’t accountable and is readying his golden parachute.  And where does Attorney Tim O’Laughlin fit into all of this?  He’s still on schedule to make $ 1 Million from MID this year.  The ever churning lawyer keeps playing both ends against the middle and collecting from both as usual.  Remember how O’Laughlin told the Board they had nothing to worry about from the garbage burner lawsuit?  They didn’t. Endsley collected $1.2 Million and  O’Laughlin collected $97,000.  No worries, it came from the ratepayer’s pocket, not the Board’s.

The Modesto Irrigation District has played fast and loose with the Brown Act.  Dir. Van Groningen does what ever he wants and O’Laughlin stays quiet.  Unless he’s arguing with one of the Board members.  And O’Laughlin himself presides over the violations of the Public Information Act requests. Why he’s still there is beyond belief.

Since the Board meeting is tomorrow I want to mention Martino Graphics.  At last weeks meeting I specifically asked Dir. Van Groningen what the $3,000  to Martino Graphics was being spent on in last weeks warrants. He asked the staff but they stayed quiet (could they have been instructed to do so since Denise Ray, the head of Purchasing, was in the audience?)  They did place the question on this weeks agenda thanks to Directors Byrd and Warda (Van Groningen and Wild remained quiet).  Amazingly enough Van Groningen and Wild signed for the payment on September 4,2012.  A case of sudden amnesia?  I sent an email to the Board this morning and asked them to include three more Martino invoices in the discussion, two at $3,000 and one for $9,000.  I had already talked with Van Groningen during the Capital Budget workshop last week about this but felt it was important to document the request.

Did I mention all of the preceding in an attempt to document everything?Heck no I left out about half.  Did you know they want to spend more money for the Mountain House infrastructure?  But that’s enough for now.  It all goes to show we can’t let our guards down now.  Yes, we should enjoy the victory for now.  But until Tom Van Groningen and Glen Wild are off the MID Board and we get some people who are concerned and won’t be led around be the nose by Short and aren’t intimidated by O’Laughlin, and don’t have the ability to subvert conscious thinking at the Bee (if indeed it ever existed), we as a community won’t be free of outrageous electrical rates or able to ensure our children’s future with plentiful clean water.

So to finish up  with the baseball metaphor I started with, it ain’t over till the fat lady sings and she’s not even at the ballpark yet.

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

Official seal of County of Stanislaus

Official seal of County of Stanislaus (Photo credit: Wikipedia)

Did MID’ Directors Tom Van Groningen and Glen Wild vote yes to save face to stop the water sales? Have you heard about MID’s Allen Short wanting to spend $30,000 on his outer office furniture? Is Judy Sly intentionally misleading the citizens of Salida about the annexation?  Are we seeing the beginning of the demise of the bail bond industry in Stanislaus County?  The heart warming story of four homeless men who rescued a 15-year-old girl from a sexual predator.  What is it about the veteran’s job bill made Republicans vote against it?

Join me tonight won’t you.

Wednesday night at 7:00 PM Pacific

http://www.blogtalkradio.com/centralvalleyhornet/2012/09/20/whats-on-americas-mind-with-emerson-drake

Our call in number is 347-215-9414

MID Board Votes 5-0 to Kill Water Sale With San Francisco

Seal of the City of San Francisco for fair use...

Seal of the City of San Francisco for fair use to illustrate the article about San Francisco, California. (Photo credit: Wikipedia)

By Emerson Drake

After emerging from closed session Board President Tom Van Groningen made the following announcement.

Based on information received from the City and County of San Francisco, the MID Board of Directors directed staff and General Counsel to discontinue further negotiations regarding the proposed sale of water to the City and County of San Francisco.

We’ve filed a Public Information Request for SFPUC’s letter to MID but apparently they refused MID’s request to change the contract’s language regarding the right of first refusal and being first to receive the contracted amount during a drought.

I’ll write in more detail regarding today’s meeting later. 

Congratulations for all of those who stood their ground and fought against the proposed sale.  Well Done.

“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

Does the Public Have the Right to Know? MAYBE Says the Bee

By Emerson Drake

On July 31, 2012 the Stanislaus County Farm Bureau (SCFB) sent a letter to each member of the Modesto Irrigation District Board of Directors and a copy to the Modesto Bee.  In the letter they outline their concerns regarding the potential water sale to the San Francisco Public Utility District. The letter was extremely detailed, citing multiple California Environmental Quality Act (CEQUA) concerns, using exact numbers from MID reports and was cross referenced with the corresponding dates the numbers were published by the district.

Many of these concerns have been voiced by the public but never have they been documented to the extent of the letter.  The Bee has refused to acknowledge even the receipt of the letter in print let alone publish it.

The media, or fourth estate, is important to an informed electorate but unfortunately sometimes some people feel it’s in their best interest to limit or shape public opinion by withholding important facts from the ongoing discourse.  By limiting access to all sides of an argument they strive to control opposition to what ever view they are trying to propagate. 

This isn’t about just disagreeing with their point of view,  it’s about  listening to all sides of a discussion and THEN deciding what is the best course of action.

Editors, especially Opinion Page Editors, like to be invited to the best soirees and have their “opinion” sought out by local movers and shakers. After all, how could their friends possibly be wrong?  We just emerged from an extended period of being under the overbearing Mark Vasche, where politicians he didn’t like were attacked in print regardless of the good they were trying to accomplish.  When it comes to MID, Mike Serpa comes to mind. Or like reporter John Holland has found,  it’s easier to write stories when you can receive phone calls from those involved and their PR people and not even have to attend meetings.

The Bee’s refusal to publicize the letters from the Farm Bureau was first broken by Eric Caine at www.Thevalleycitizen.com and since this time several attempts have been made by many of us to get the Bee to discuss the letters for the record.  Unfortunately, to this point our efforts have failed.

The original cover letter is here. This is followed by a short  overview  here and the entire  SCFB critique is here.

Fortunately, here in Modesto we have several alternatives to enlighten readers who are concerned about the whole picture and not just what the Bee and a few of their friends think is good for you to know.

MID Staff and GM Allen Short Caught Lying to MID Board

By Emerson Drake

We’ve spoken our concerns before regarding the accuracy and manipulation of information contained in staff reports, but seldom do they let you see  it so blatantly.  The report is titled Agreement for Directional Boring Contractors. It can be found in its entirety at the link at the bottom of the article.

To provide some very short background, when underground cable reaches its lifespan of approx. 25 years and the injection process they use to extend its usefulness’ warranty expires, it needs to be replaced. This is done by boring holes and replacing the cable.

Why Change Contractors?

MID has been using Applegate Johnson a local company with local employees satisfactorily for years.  There was a clause in their contract that allowed Applegate Johnson to request a rate hike. So they requested a hike and MID said no. MID was so upset, despite the fact MID had no other problems with this company other than their rate increase request, and instead of discussing their proposal, MID  sent the contract out for re-bidding to six vendors. Only five vendors responded and Daleo Inc of Gilroy was tentatively awarded the contract at the suggestion of nameless MID staff. The T & D Division and the Purchasing Department approved.  Assistant General Manager Tom Kimball and General Manager Allen Short both signed off as attesting to the truth of the presentation.

Here’s where it starts to get Hinky

On pages three and four of the report  are the actual bids the companies submitted.  Out of twenty-eight items Applegate Johnson was the low bidder on twenty-six and most of these by significant margins.  So why change vendors and was there a significant savings to be had by going with an out of the area vendor? According to the presentation given to the Board by Denise Ray of the Purchasing Dept and Asst. GM. Tom Kimball, Daleo was the most qualified bidder based on price,experience, and references.  But is that true?

Public Comment Period

It appeared the Board was going to vote for approval, but when the Public Comment Period opened a completely new story emerged.  Several speakers came and made their points regarding the contract.  At least two were from Applegate Johnson and pointed out Daleo’s  proposal was not only more expensive than their new one but was more expensive than if MID had used the numbers from the contract increase request they submitted.  Now company men speaking well of their business isn’t unusual, but something was different in this case. 

The Bid Numbers were Right in Front of  Us

Seldom are bids so clear and easy to read.  This one obviously was and while this was being discussed I went over them as did others. Twenty-six out of twenty-eight items  being in Applegate’s favor is easy to prove or disprove. It was easy to discern there was more than meets the eye going on  here. We’ve seen MID staff shuffle, concoct, and just create out of thin air some of the numbers GM Short has needed in the past whenever he’s challenged (see Reed Smith’s analysis of MID’s “extra” water to available for sale to the SFPUC).  I held up MID’s own documents and asked the Board members to look for themselves. I specifically addressed Directors Glen Wild and Paul Warda.  Mr. Wild,  known as a rubberstamp for GM Short and Van Groningen,  just looked bored as usual when “official reality” is challenged, but to his credit Director Paul Warda was intrigued by the opposing sides regarding the costs and wanted to get to the bottom of the dispute and requested more time to study the proposed contract.

MID Attorney Tim O’Laughlin Attempts to Obfuscate Details

All staff had to do was provide a breakdown that would support their claim of cost savings but O’Laughlin intervened and said he would prepare the rebuttal.  An important thing to understand is, if attorney O’Laughlin writes the staff report he covers it in what he considers his priestly robe of invisibility and will refuse to allow the public to see it (attorney client privilege).  But why would the attorney jump in so quickly?  The most probable reason is to prevent the public from finding out the reason for the strange and expensive to the ratepayers decision by staff.  Which in my opinion is either pique from the requested raise or blatant favoritism towards a bidder by steering the contract in a specific direction possibly for personal satisfaction or gain.

As ratepayers we can’t afford personal pique to enter into MID contract negotiations.  And anyone who does so should be summarily dismissed.  And since Tom Kimbal and Allen Short SIGNED this document saying the details are accurate and complete to the best of my knowledge, they should be held accountable for any misrepresentations.

Nothing happens at this level of MID without the General Manager’s approval. Nothing.

Contracts

Contracts (Photo credit: NobMouse)

Here is the pdf.  I apologize for the size of the download and include it because it will be taken down by MID shortly despite requests from the public to keep an archive like other public entities do.

Board Agenda Report

Subject: Agreement for Directional Boring Contractors  Bids are on page four and five of the report.

090412BoardAgendawithAttachments

Now ask yourself why you haven’t read about this in the Bee.

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!

Reed Smith’s Thoughts about the Sen. Feinstein Letter

English: Dianne Feinstein http://bioguide.cong...

English: Dianne Feinstein http://bioguide.congress.gov/bioguide/photo/F/F000062.jpg (Photo credit: Wikipedia)

November 28, 2011

The Honorable Dianne Feinstein

United States Senate

Re: Water Transfer Discussions

Thank you for taking the time to meet with the group from Modesto Irrigation District and City and County of San Francisco. It was a pleasure to talk with you and we appreciate the opportunity to brief you on our discussions regarding a potential water transfer. I especially enjoyed viewing your wonderful painting of the Hetch Hetchy Valley. Thank you for that treat and for the signed photograph to commemorate our visit.

[ CODE for we will help tear down Hetch Hetchy and return it to a granite valley. ]

As we discussed, MID and San Francisco have developed some key points for a potential sale of Tuolumne River water that San Francisco could take through its existing Hetch Hetchy pipeline facilities, . . .

 [ NOT conserved water, Water not controlled by the CA WRCB ]

with the revenue for MID being used to finance necessary irrigation distribution infrastructure improvements . . .

[ NOT True.  Short told everybody, including YOU that it would be used for current obligations.  Now we know that his proposed 34% salary and retirement SPIKE are to be paid out if the water sale.]

 . . . that also would achieve system and water use efficiencies to produce sufficient water to serve San Francisco.

[ Here is the most disgusting statement in the document.  Allen Short works for the SFPUC, but MID rate payers foot the bill. ]

MID conducted a series of public outreach meetings . . .

[ NO HEARINGS HAVE BEEN HELD.  NOT ONE! ]

[ These were not designed to inform the public, they were to get the public to disclose their objections to what a stupid irrational idea this was and have the public tell Short what he needs to tell the rest of the public to con them. ]

. . . to provide information about the discussions with San Francisco, and to solicit as wide a variety of opinions and comments as possible.

[ What we find is the Allen Short has spent $640,000 paid by MID to Martino Associates, who pays Mike Lynch, who pays Rubin Villalobos, who pays other people to write OpEd’s for the Bee, or come to the microphone to promote this water sale.  The ONLY farmers who have supported this sale are Bill Lyons, Jr., Billy Lyons, Bob Ott, and his son, and one poor destitute share-crop farmer that farms 1,000 acres of Bill Lyons Jr.’s Mapes Ranch with free water. This is a mater of public record. ]

Attached are the final presentation materials used in those meetings.

[ I do not find the materials where Short claims he has bribed Senator Feinstein to personally interfere in the FERC relicensing of Don Pedro.  We intend to find out what specific contractual activities she agreed to do for 30,000 Acre Feet of out pre-1914 water rights? ]

The meetings were very well attended. The key issues raised, as anticipated, were protecting MID water rights, making certain its customers, including the City of Modesto, are served during dry periods, and ensuring there would be no significant impact to the River or the environment.

[ MID has completely failed to account for where the water to accomplish the needs.  There are NO ENVIRONMENTAL STEWARDSHIP allocations in any of the pie charts.  What we do find is 40,000 AF given to Bill Lyons, Jr. FOR FREE. ]

We have developed a set of “frequently asked questions” and responses, which is also attached for your information.

[ Why were these FAQs full if fraudulent statements?  The MID Board has done nothing to provide truthful facts. ]

The next steps would be to complete negotiations with San Francisco and present the deal points to MID’s Board of Directors to consider initiating a small 2,200 acre foot transfer as well as a new environmental review process for a subsequent larger water transfer up to 25,000 acre-feet. We will certainly keep you apprised of any developments.

[These amounts are co-joined.  This is one deal, because the SFPUC has first right of refusal on ALL THE REST. ]

As always, if you have any questions or if we can provide additional background, please contact my office.

Allen Short General Manager

Copy: Michael Carlin

Here’s the Letter from Allen Short to Sen. Dianne Feinstein

MID’s general manager Allen Short wrote this back in November 2011. Is he negotiating or solidifying an agreement.  Either way, remember this as you listen to the Senator speak on Wednesday.

MIDShortFeinstein001

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