Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “Modesto Irrigation District”

George Petrulakis Bills MID $28,852.50 for July More Ratepayer Money Down the Drain

By Emerson Drake

The situation at the Modesto Irrigation District is getting worse by the day. More Brown Act violation.  More Public Information Act requests unanswered.  And now we’re paying a lawyer/ lobbyist/opinion maker another $28,852.50 in July to work against the ratepayers best interest.  We have expanded our request to include the invoices presented to MID by Mr. Petrulakis to discover exactly what he’s billing MID for.

Here is MID latest response to my requests.

0_v1_PRA_Response_to_Emerson_Drake_dated_August_22__2012

A Recent Update

The legal Department at MID just informed me they would not be releasing any of the invoice details naming attorney client priviledge.

Reed Smith Takes the Bee’s Judy Sly to Task

Here is a copy of the email.
 
Judy:
 
I am troubled by your characterization of citizens expressing their First Amendment right to free speech in your article referenced below.
 
 
“Some of the opponents of the proposed water sale have taken over recent MID board meetings, throwing out verbal bombshells and making rude and reckless accusations against some board members. We understand that they sometimes feel like they’re under attack.”
 
Just between you and me, hey, please give me the names of the persons who have “taken over the MID Board meetings”?  I have been to every one except April 3, 2012, since October 2011.  All I know is that Tom Van Groningen has limited citizens comment time from a bare five (5) minutes to the minuscule 3 minutes (3) per person to discuss complex issues.  It is hard to imagine a “3-MINUTE TAKE OVER” with two and sometimes three (3) heavily-armed guards.  Refresh my memory, have the Modesto Police been called yet?  You were there . . .  I can’t remember.
 
I would also be interested in which of their statements you consider “verbal bombshells”, “rude and reckless accusations”.  I am sure you have copies of all the Board meeting videos since last October, as do I, and it would not take much to provide proof of your assertions.    I am trying to understand your criteria for your claims.  I find it a little irrational that you criticize the very persons you need to stay in business, or maybe Joe does not need,  . . .  you know the residents of Modesto.  Actually, I am trying to determine if your assertions in this article are “reckless accusations”.  So, let’s get to it.  Show me your cards.  Who, When, and What did they say.  Then we can compare that to the words of the “most civil” MID Board Chairman Tom Van Groningen, personally civility-trained by the almighty Carol Whiteside.
 
Also, I would be interested in your characterization of any citizen who goes to the microphone and speaks to a position, for or against, that is paid to promote that position, and does not declare to the Board, or the rest of the public, that they are being paid to promote and sell us, and how much?  Does that sound OK to you?  You know, there might be an article there, not sure.  You might want to look into that.  I have lots of leads for you if you are interested.  Lots of leads.
 
I eagerly look forward to your reply.
 
Civilly,  Reed Smith

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

Topics will include  behind the scenes insight of the recent MID meeting vote, MID  attny Tim O’Laughlin’s lies, Salida’s concerns regarding the possible annexation, the 7 question PIR regarding Salida, Modesto Chamber of Commerce’s astoundingly unbelieveable  denials regarding George Patrulakis, and of course national issues effecting all of us from the latest crusader in tights, Romneyhood, to the War on Women and much more Wednesday night at 7:00 PM Pacific .

You can always call in and talk to the host at 1-347-215-9414

http://www.blogtalkradio.com/centralvalleyhornet/2012/08/16/whats-on-americas-mind-with-emerson-drake

 

Did MID Attny. Tim O’Laughlin Intentionally Mis-state the Truth? The Martino Contract and Payments

By Emerson Drake

The meeting’s first skirmish centered around the Martino Graphics contract. This contract ran from July 19,2010, thru December 31, 2011, according to documents released by MID through a Public Information Request.  The response letter with the contract and amounts payable will be in the pdf at the bottom of the article.

When Director Byrd asked several questions about the contract, attorney Tim O’Laughlin claimed he wasn’t familiar with the dates or the amounts paid.  But as we have come to learn O’Laughlin reads and approves all Public Information requests (PIR) or Public Record Act requests (PRA) as they are known.  So O’Laughlin’s claim not to be familiar with the information is disingenuous at best. 

MID General Manager Allen Short made a similar claim of denying knowledge of any details of the contract despite having been copied, according to the information we were given.

When it was suggested the Board should receive copies of all PRI responses, Director Van Groningen said he and the rest had been copied.  So either they didn’t read the information or were stone-walling Director Byrd’s questions regarding the Martino Graphics contract.  The contract termination date 12/31/2011  is disconcerting since Martino Graphics has been paid by MID  $108,000.00 since February of 2012.

The reason this contract is attracting so much attention is this is the company GM Allen Short says they have been using to convey money to lobbyist and political opinion maker Mike Lynch.When I asked Marian Martino co-owner of Martino Graphics if she would discuss the contract she declined. Ms. Martino made a failed attempt to be appointed to the vacancy created by Kristin Olsen’s departure from Modesto’s City Council.  Interesting how these failed politicos come crawling out of the woodwork, isn’t it?

A PRI was made for the contracts and payouts including the dates for any and all lobbyists, opinion makers or any other titles or euphemisms MID chooses to confuse the ratepayers with.

The other action of note, was consent item #10 pertaining to the potential agreement with the International Brotherhood of Electrical Workers (IBEW) and the Confidential employees.  Director Larry Byrd decided to recuse himself on the IBEW since he has an adult son working for MID in the union and despite attorney O’Laughlin saying it wasn’t necessary.

The unusual thing was, despite Director Van Groningen thanking Mr. Batchelder’s hard work in achieving the agreement, the Board refused to bring forward a  vote to be considered.  Gamesmanship at its finest.  And yes a PIR was made to the Board to discover how much money was spent in this “staged” effort.

384_v2_PRA_Response_to_Emerson_Drake_dated_August_3_2012

ATTACHMENTTOEMERSONDRAKEDATEDAUGUST32012

Reed Smith Questions Modesto Bee’s Editor and Senior VP/News Joe Kieta

Joe Kieta
Editor
Modesto Bee
 
Mr. Kieta:
 
It was nice to meet you on July 11, 2102 during the Editorial Board session when John Duarte and I were invited to discuss the MID water sale to the SFPUC.  Welcome to Modesto.
 
During the Editorial Board meeting, Judy Sly proposed that MID’s repeated false claims could be attributed to mere incompetence.  Incompetence would be justification to end negotiations to sell our water all by itself.  This was countered during the presentation as implausible because of the repeated re-use of documents that by MID’s own documents prove false, numerous times after the lie has been publicly exposed.  I would find the term “criminal” closer to the mode MID Board and staff are in, with incompetence removed from the excuse list many months ago.  
 
On one particular issue we discussed, John Holland followed-up in a phone call to me on July 13 asking me to validate a statement I made, that being my source of the California Water Resources Control Board staff’s statement in a meeting on May 3, wherein we were told that a 50-60 year water transfer was a “permanent” transfer of water rights.
 
I sent the e-mail below to Mr. Holland on the 13th as a reference document and cc’ed you.  I entered your e-mail address incorrectly, so it has been in my in box as undeliverable.  So, fast forward to my writing to you today.  On July 10, I had a very brief encounter with John Holland in the foyer of the MID Board Chambers during the morning MID Board Meeting break.  I inquire if he had contacted the references I provided.  He said he had not had time.
 
POINT:  One of MID Board’s key criteria for any water sale is to not interfere with the water right.
 
 

Question Key: General Questions Ag Related Questions November 2011

1. Will transferring the water for a long term deal endanger MID’s water rights?

The proposal is for selling water. Just water; MID’s water rights will be retained by MID; in fact by putting water to beneficial municipal and industrial uses, MID is protecting the water right.

 
I have provided John Holland with a statement witnessed by myself and John Duarte, who was in your conference room with John Holland on July 11, stating that experts in state government factually believe water rights are voided.  I have provided Mr. Holland with the citation of who, what, when, why, and where, on THE MOST IMPORTANT FACT IN THE WATER SALE NARRATIVE, and . . . Mr. Holland is too busy to validate and report it.  Hmm.
 
It begs the question of the Bee’s veracity on this issue.
 
I hope to see Mr. Holland’s reporting in a major article on MID’s attempt to sell our water rights.  Certainly it is newsworthy.
 
Regards,
 
Reed Smith

Is George Petrulakis a Paid Lobbyist / Lawyer for MID Here’s His Contract

By Emerson Drake

We expressed concerns regarding any meetings between the City of Modesto and MID without Rollie Stevens being present especially when it was made known MID refused to allow Stevens to attend any meetings between them and Modesto City fathers.  When Modesto Mayor Garrad Marsh met with MID General Manager Allen Short with Attorney/Lobbyist George Petrulakis present we felt uncomfortable.  We were assured by the Mayor Petrulakis was just there as a facilitator. At the time, no one could prove Petrulakis was there for any other reason.  But now after you read the contract you’ll see he is being paid to influence Modesto’s elected officials to see things MID’s way.

You’ll be able to see how much Petrulakis is being paid by the hour and how much he’s received so far.

We’ll discuss MID’s choke hold on requested public information very soon, but for now read the contract and decide for yourself if this is the correct way to proceed.  If MID gets to have a paid attorney/lobbyist in the meetings shouldn’ t we?

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

Tonight we’re going to discuss the Tie between the Salida Now,  StanCOG, North County Corridor, and the Hammet Road Interchange.  We’ll drive by the Modesto Budget Committee meeting and dwell on the very real War on Women.  Please join us Wednesday at 7:00PM Pacific time. Or don’t forget all of our shows are available in the Central Valley Hornet Archives.

http://www.blogtalkradio.com/centralvalleyhornet/2012/08/02/whats-on-americas-mind-with-emerson-drake

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

Saving Money and a River

English: Dana Fork of the Tuolumne River, Yose...

English: Dana Fork of the Tuolumne River, Yosemite National Park, California, July 2008; photo by self, GFDL (Photo credit: Wikipedia)

By Peter Drekmeier

Do you know where your water comes from? If you’re reading this, chances are most of it originates in the “wild and scenic” Tuolumne River in Yosemite National Park. That’s where the Hetch Hetchy Reservoir stores snowmelt from the High Sierra for use throughout much of the Bay Area. San Mateo County receives about 85 percent of its water from the Tuolumne.

Paying $1.5 million per year for water we no longer need makes no sense and would further outrage ratepayers. Fortunately, there’s still time for our elected representatives to choose a different path. Do you know where your city councilmembers stand on this issue? Are they even aware it’s being considered?

Please contact your elected representatives and encourage them to stand up for you as a ratepayer. You can express your concerns to the SFPUC by visiting http://tinyurl.com/StopTheTransfer

For the entire article go to  http://www.smdailyjournal.com/article_preview.php?id=1751322&title=OP-ED: Saving Money and a River

—————————–
Peter Drekmeier
Bay Area Program Director
Tuolumne River Trust
111 New Montgomery, #205
San Francisco, CA 94105
(415) 882-7252 x 302

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

Tonight we’ll be discussing the Bee’s inability and John Holland’s unwillingness to convey what is happening at local meetings,  Our County Supervisors view on the Water sales, what’s happening in New Hampshire regarding freedom of Speech and local authorities trying to stifle it, and last but not least how Women’s Issues are playing out on the national stage.  It’s starts Wednesday night at 7:00PM Pacific time.

You can call in and just listen to the show or join in the conversation by calling 1-347-215-9414

You can always catch any of the shows in the archives.

And of course a big Thank You to Brad over at  104.9 FM K-GIG who broadcasts Central Valley Hornet Shows.

http://www.blogtalkradio.com/centralvalleyhornet/2012/07/26/whats-on-americas-mind-with-emerson-drake

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