Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “Modesto politics”

15 Dec 2018

The House Modesto Gets Flimflammed at MID

By Emerson Drake  

On October 1, 2017 Pastor Glenn Berteau took a few minutes from Sunday’s service to introduce  lay pastor Stu Gilman and to ask for the congregations’ support and vote for Stu Gilman.  Pastor Berteau reminded the congregation that Stu is a personal friend of his and a friend of The House along with being a board member of The House.  Stu made a promise to the congregation that day. He said for years they had been overpaying for electricity and he would get them a rebate based on how much money they had spent on electricity.

Stu was subsequently elected to the Modesto Irrigation District Board and MID was facing a law suit from ratepayers.  He and the rest of the MID Board decided to commission a Cost of Service Study from Bartle Wells Associates and MRW & Associates to defend against the pending lawsuit.

Now to the meat and potatoes. The ‘report’ basically said apples were oranges and up is down.  It’s an agreed upon fact the water delivery side was facing a $17 Million shortfall every year.  And the electric ratepayers have been overcharged to pay for steeply discounted electric rates to large companies (read below cost in some cases), to pay for the water losses and to buy a percentage in the natural gas powered Lodi plant.  The Lodi plant is where their profits come from and are called ‘discretionary funds’ by the report.   The report states if MID’s Board has a policy they can point to that allows them to spend the discretionary funds as they see fit, that could include cars, boats. subsidizing farmers and large businesses including Gallo.

Stu Gilman and the rest of the Board voted to support the report and if it holds up in court it removes any possibility for the congregation and quite honestly the rest of us ratepayers to not only get a rebate but to get an even break in MID’s repressive rate structure.  So when the rubber met the road Stu supported MID and abandoned his congregation and the rest of the ratepayers.  Stu had his chance to stand up and keep his word to us but he showed his true colors and instead became just another one of them.  We had hope and gave him rope, and look what he did with it.

One of the issues is the essence of religion is submission to authority and for supporting Stu Gilman, Pastor Glenn must accept some responsibility for the outcome.  People expect their Pastors, Ministers, Priests, and Spiritual Advisers to look out for their best interests when they demonstrate their support for candidates or ballot measures from the pulpit.  As happens often in life the people that need the breaks the most get screwed but when it happens to you, by the leaders of your church, you should be asking questions.  Lots of questions.

And your belief in their answers is discretionary.

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21 Oct 2018
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Modesto’s Cover-up To Start By Firing the Auditor

By Emerson Drake

We’ve learned Modesto’s auditor apprised members of the Modesto City Council’s Audit Committee in a memo on July 19th of her concerns that the City Attorney and the company Meyers Nave had overstepped their bounds by misrepresenting themselves in SR 132 eminent domain legal services.  The memo was sent to Mayor Ted Brandvold and Councilmen Mani Grewal and Douglas Ridenour.

 

That’s when the scheme was created to implement a cover-up of the alleged malfeasance by Meyers Nave, the company Modesto has contracted for legal services, which supplies Adam Lindgren as Modesto’s City Attorney.  Less than two months after Modesto hired Monica Houston as the City’s Auditor and just weeks after the memo was sent to the City staff;  City Manager Joe Lopez and Attorney Adam Lindgren implemented a series of job performance evaluations in secret (closed sessions) supported by Council members Bill Zoslocki, Doug Ridenour, Mani Grewal, and Jenny Kenoyer  The City Attorney demanded they go into closed sessions for the evaluations.    For those unaware Council members can’t reveal to the public what is said during closed sessions.  It’s our understanding that four and possibly more closed sessions were scheduled.  But obviously and according to their plan, we don’t know what transpired but we doubt it was hugs and smiles.  Probably just the opposite (acrimonious with hostile overtones) since they are trying to silence Monica.

 

In an article in the Bee dated Oct 10th by Rosalio Ahumada, the City Council meeting was detailed quite well except at the time he and the rest of us weren’t aware of the memo behind some of Ted Brandvold’s and Kristi Ah You’s comments.  During the Council meeting, about 1 hour and 19 minutes, Mayor Brandvold suggested documents were being falsified  by city staff.  If the documents that the Auditor has don’t match the documents the city now has or any falsification is present then heads should roll starting with the City Attorney and City manager for suborning the falsification or alteration of city documents.  If you listen to the council meeting when Mani comes back in you hear lots of static. We’ve been told before the interference is caused by someone’s phone being on.  Mani was the only one that left the dais.  You have to wonder who he felt the need to call for instructions. But there’s more…

In the memo Houston includes actions by Meyer Nave of supplier favoritism including no bid contracts. Also included are suggestions of fraud, waste and abuse in the assigning of contracts.  These charges could expose Modesto to financial loss.

There have long been questions about the large sums of money Modesto is spending for legal fees.  We are aware lawyers are expensive but having a real City Attorney is cost effective compared to outside council/firm is extremely expensive. We and others have submitted Public Record Requests truing to find out just how much Modesto pays in legal fees but to this point the items provided by the city are so redacted it makes them almost useless.  They black out so much information it’s almost impossible to tell what services the invoices are paying for.  Also coming into question is the assigning of legal contracts.  Is Meyers Nave receiving quid pro quo for their assigning lucrative contracts for city business?  What are they hiding?

 

All things considered it would seem we have a Sacramento legal firm adding to their bottom line using questionable legal means at our expense and they, with the help of the inept City Manager and a few members of the City Council,  are willing to orchestrate a the firing of anyone who stands in their way.  Why is it when someone steps forward to warn the City Council of problems they get shown the door?  When will Modesto start working for ALL of the people who live here and not just special interest groups that quite often don’t ?

 

More food for thought:  Meyers Nave is council for four other cities in Stanislaus County which would give them a large power block on StanCog and  Stanislaus LAFCO or Local Agency Formation Commission.  Before your eyes glaze over LAFCO has the final say on cities wanting to expand and develop.  In Modesto they enabled a new  area of Beard Industrial to avoid paying Modesto user fees which was against their policy until Modesto special interests intervened.  So we not only provide below cost subsidized  electricity we don’t charge them the extra six percent user tax that you and I pay for electricity, sewer and water.

 

 

 

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28 May 2018
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Duplicitousness of Modesto Politics

By Emerson Drake

Duplicitousness-Given to or marked by deliberate deceptiveness in behavior or speech.

Mayor Brandvold speaks out of both sides of his mouth and the uninformed Modesto electorate doesn’t know the difference.  In today’s paper (Monday 5/28)  Modesto’s Mayor Ted Brandvold endorses Janice Keating for the Board of Supervisors for District 5.  He talks about Janice’s top priority being the homeless and specifically about her ‘mobilizing the community’ to establish a homeless shelter.

Now the funniest thing about this is Brandvold is the Chamber of Commerce’s/DoMo’s (downtown Modesto organization) mouthpiece in stopping the shelter from being placed on Stanislaus Foods property.  He constantly suggests that Stan Foods is the wrong place for a shelter.  He suggests that somewhere out on Hackett Road, presumably around the Sheriff’s office  would be better.  But why spend the money for a shelter no one will use?  There isn’t ready transportation to and from Hackett Rd.  There are no facilities, no anything, but that is exactly why the Mayor and Chamber want to ship these people out of town.  Out of sight out of mind.

The sad part is the 60 bed low barrier shelter was to be for families, people with pets and people needing a place to temporarily store their belongings while they have the opportunity to shower.  It wasn’t meant for the mentally ill or addicts but the elitist segments of our business community don’t care about anything except getting rid of what they see as disposable people.

It comes as no surprise that Brandvold would support Keating since both politicians have the same political strategist/money man – George Petrulakis.  The spokesman for the Chamber/DoMo could just as easily been Councilmen Bill Zoslocki, Doug Ridenour, or Mani Grewal.  But none of these except for Mani have the strong George Petrulakis connection.  But Mani is busy masquerading as a Democrat so he stepped aside.  Bill is maneuvering for his next position with the County and Doug wants to be Mayor like his brother was but George is intent on making sure Ted gets another election cycle.

But back to the beginning.  Brandvold is allegedly supporting Keating, because of her accomplishments with the homeless community but she has  has accomplished nothing because of his attacking the homeless shelter over and over. But hey, that’s the duplicitousness of Modesto politics.

Janice isn’t saving our city.  She’s just an empty hollow promise from another Modesto politician designed to make you think something is being accomplished when in actuality it’s nothing more than a mirage designed to make us take another bite of sand. 

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30 Nov 2017

S.N.A.F.U. The Modesto City Council

By Emerson Drake  

Situation Normal All Fouled Up otherwise known as SNAFU,  okay I admit one of the words usually used is harsher, those having served in the military understand, but this version will do for our conversation.  The Modesto City Council sometimes reminds me of the Gang That Couldn’t Shoot Straight.  Tuesday’s early meeting started out at 3:00 PM for a workshop on choosing what options to offer the Citizens of Modesto to move to even year elections because of low voter turnout during the odd years.

We couldn’t attend the early meeting so we watched it live online.  The first thing that jumped off the screen at you was that the people that work in the little room behind the screen, yes there are literally one or two people working behind the screen you see when looking at the dais to make the video possible,  thought the date was June, 3 2014, because that was on the screen the entire time during the meeting.

What many people are unaware of is the Mayor and Council have an agendized meeting on the day before the regular Tuesday night meetings.  These meetings are open to the public and any and all questions the Council, Mayor, or public have are answered.  So when the Council started asking questions in a befuddled manner I was taken back to the John Gunderson days when coming prepared for a meeting was a waste of time because John wouldn’t have a clue what the meeting was going to be about.  And many of the Council members, Doug Ridenour and Bill Zoslocki especially, couldn’t seem to understand the choices being offered.  Mani Grewal was more concerned that they choose an option that would allow him to serve as many years as the ones elected this year.  Strange for a man that was seeking and accepting donations to run for the California Legislature this year and will most likely do so at the next opportunity.

To make a long story short they voted 4 to 3 for ◦ Option 2: Place proposal on November 2018 ballot to consider one-time extension
of four-year Council terms to five years for Council terms beginning in 2015 and 2017 .  So yes, just like MID, they are awarding themselves 5 year terms, subject to the public’s approval, to allow the public to vote as required by the Modesto Charter to make the necessary changes.

But why didn’t they offer us more options than to approve or disapprove of just one idea?  They had four to choose from so why not allow Modesto’s voters a real choice?  Why not include Option 3: Place proposal on November 2018 ballot to approve one-time reduction of
four-year terms to three years for Council terms beginning in 2019 and 2021 would seem like a choice people might make, but maybe that is an answer in itself.

They also suggested they could let voters choose to not change the charter and wait to be sued.  Funny that they didn’t mention that when Modesto choose to ignore the law regarding district elections versus at large elections and it cost taxpayers $3 Million in legal fees to defend at large elections.  And yes, we the  taxpayers,  were finally allowed to capitulate and move to district voting.  Interestingly enough the same people that fought changing to districts were the same ones behind allowing only one option (can you hear me George Petrulakis)?  Those who follow politics know Modesto’s politicians rely on the voters notoriously short memories.  Even the vaunted Modesto Bee with their limited institutional memory has overlooked this.

And during the early session the Council voted to appoint Acting City Manager Joe Lopez to act as their property negotiator for two properties.  The problem was that they hadn’t agendized this.  Later when challenged the City Attorney claimed it wasn’t necessary to have it on the agenda since it was such a small item.  We keep looking through the Brown Act to find this exemption but haven’t been able to find it.

When the City Council, with the help of the City Attorney start playing fast and loose with the rules and the law it’s Modesto’s voters and taxpayers that pay the price.

 

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23 Oct 2017

We Deserve a Better City Council

By Emerson Drake    

Prior City Councils helped to guide us through the recession created by the 2007-2008 financial crisis.  Recently we’ve been  faced with the need to chart a new course for Modesto.   Unfortunately the current council seems to be taking a step backward.  In the last four years we’ve had transparency replaced with obfuscation and thriftiness with a spend-it-like-you’ve-got-it mentality. The most tenured council members are Bill Zoslocki, Jenny Kenoyer, and Tony Madrigal and they just happen to be up for re-election.

No Council oversight:  City staff has run amuck with contracts.  An example is with the Garrett Thompson contract for soft patch, first being signed in 2012, then being doubled in 2014, then tripled from its original numbers in 2016, and the most recent increase was without Council approval.   And Acting City Manager Joe Lopez, tried to slip it in under the radar under a consent item at a recent Council meeting.  He blamed it on human error and accepted no responsibility.

Most recently we’ve been informed about a second contract where we paid $426,452 more than the contract called for.  Again… no real answer as to why this happened.

Should this surprise us?  Probably not since Joe Lopez says more of these financial bombshells will be coming. When will they be coming?  After the election.

Now they want to buy a city block:  The senior three council members, Zoslocki, Kenoyer, and Madrigal, all want to but a city block for $3.1 Million.  They want to use money (steal it would be more accurate) that earlier councils from 1998 to 2008, and we the taxpayers put aside, to build a fleet maintenance facility.  A facility we need since the one we were using was on the land we overpaid for and subsequently sold to the state for the new courthouse.  It doesn’t matter to these three that the same block has been up for sale for years and several developers have been pitched the deal and everyone of them walked away because they determined it wasn’t financially feasible.  When asked what they intend to do with the property, to paraphrase,  their answer was “we don’t have a clue, but it sure sounds like a good idea doesn’t it.”

The Red Lion will never go bankrupt!  As a reminder to put it short and sweet… in Modesto’s past, the city bought and then used the property under what’s now called (oops spoiler alert) the Double Tree as collateral for the Red Lion hotel to be built. It went bankrupt and the city lost the land.  But maybe it’ll be different this time! After all Ryan Swehla and Benchmark have already been offering their management services (for a price) to the city.  Even Craig Lewis offered his services for financial management. Local businessmen always want to get their fingers in our pockets.

Don’t they say that doing the same thing over and over is a sign of insanity?

Under the senior three we watched former City Manager Ted Holgerson threatened to terminate then Fire Chief Slamon which would result in him losing his retirement, if he gave the benefit of his experience and his opinions rather than giving the party line that Holgerson and the senior three wanted.  Because of this, Chief Slamon eventually resigned from his position and took a position with a city half the size of Modesto.

Under the senior three Zoslocki, Kenoyer, and Madrigal, over 14,000 emails weren’t applied to Public Record Requests.  Using private email accounts instead of city accounts to conduct city business is unethical and obfuscating.  These emails went missing during their term in office.  The city attorney has delayed his response to requests for these emails for the last six months.  To date we’ve received approximately six months worth out of three and a half years.

Under the senior three the City’s situation with CalPers and the union retirement accounts has become more dire.  The issue is so serious that according to some the City could possibly face bankruptcy in the next five years.  But the senior three intend to keep on spending like there’s no tomorrow.

The senior three’s experience hasn’t made Modesto more financially sound.  They seem intent on having us crawl further and further out that proverbial limb and refuse to provide the accountability and guidance staff obviously requires.

The senior three have had their chance it’s time for a new starting line-up.

 

 

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16 Oct 2017
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Is “The House” Breaking the Law?

By Emerson Drake  

During The House’s church service on October 1, 2017 Pastor Glenn Berteau took a few minutes at 36:30 into the service to allow Stu Gilman to ask for the congregations’ support and vote.  Pastor Berteau acknowledged he wasn’t aware that MID had a Board of Directors that the public voted on.  He reminds the congregation Stu is a personal friend of his and a friend of The House along with being a board member of The House.

The church has a large beautiful stage and video system with huge screens which works well for power point presentations in their sanctuary.  During the church service, Stu was invited up on the stage where Pastor Berteau said Stu deserves our support.

One of the first comments out of Stu’s mouth is to say “No one else is running for MID seats this year”.  Which is an outright lie, but hey lets cut him some slack, after all he wants to be a politician.   The Pastor uses Modesto Bee Videos to attack MID employees’ high rate of pay across the board but then claims not to be going after the working man just the Staff and Board.  But in reality the numbers cited in the video are bolstered by the working man, especially linemen, while the  Board makes only $1,000 a month. I guess it shows Stu’s supporters can talk out of both sides of their mouths too.

Stu offers ratepayer rebates (just pie in the sky) but isn’t willing to simply offer lower electric rates.  When pressed, Stu admits to having NEVER attended a MID meeting.  Now we realize working your schedule around meetings can be tough  but come on, Stu owns his own company so it begs the question, not even one meeting?  Why do people keep recruiting members of the public to run for the MID Board that don’t have a clue about what MID does but still think they know how it run it better?  So at the end of his political commercial in the middle of the weekly meeting Stu asks for volunteers to make phone calls and knock on doors and would they please join him at his table at the back of the room.

The big sendoff:  Pastor Berteau says “This is church.  Is this a church you say?  Absolutely! It’s not just in this building. We care for our city and the people in our city. I tell politicians that as a Pastor, I know more about this city than you do.”  He goes on to ask Stu to let him know when the other districts come up for a vote so he can let the congregation know so we can get the right people in there.

I don’t know about you but we don’t like non-profits to be telling people which candidate to vote for.  If they want to support a cause that’s fine but if you want to run a candidate or a slate of candidates then start by giving up your non-profit status and start paying taxes.

In the video the Pastor says he doesn’t shy away from controversy. But unfortunately Pastor Berteau was did not return our calls for comment regarding this article.  We will follow-up if he has anything  to say.

Addendum 10/18/2017:  The Freedom from Religion Foundation has been contacted and they will be filing a complaint with the Internal Revenue Service ( IRS ). So yes what The House and Pastor Glen Berteau  are doing IS illegal.

 

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31 Jul 2017

Modesto…Are You Paying Attention?

By Emerson Drake  

On August 8, 2017, the Modesto City Council will consider the 6/8/16 Healthy Economy Committee recommendation to maintain the current / 1995 general plan boundary.

Here is the pdf from the email we received GPA-10-001 CC Public Meeting Notice 8-8-17 SIGNED (1)  Being it’s difficult to find and without  the Committee’s specific (no maps or detailed references were provided) recommendations and any discussion it’s hard to know what to think.  I do remember when this conversation was going on during a Planning Commission meeting, we were blindsided by a massive expansionist effort propelled by  the Modesto Chamber of Commerce, led by Craig Lewis.  And on 8/2/17 they are going to give Mr. Lewis a high profile position on the Stan COG Measure L Citizens Oversight Committee.

But after the directions some on the Council and the Board of Supervisors have  been hinting at lately, you are forced to wonder if a potential  land grab, wholesale or piecemeal,  isn’t around the corner.

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26 Dec 2016

When Thursday is the New Friday

By Emerson Drake  ladyjustice

When politicians and public relations consultants have bad news that has to be delivered for public consumption they try to do it on Friday afternoons. It’s referred to as the Friday news dump.  It’s used to avoid the media scrutiny that would accompany any release during the rest of the week.

 

You see newspaper people like to have weekends off just like the rest of us.  So the majority of the Saturday and Sunday editions of the paper are pre-written and much of it already printed.  They leave a small space for sports but that’s about it.  And with their staffing cuts many times reaching someone on the weekend  in the newsroom is impossible.

 

For the most part for courts in the  judicial system Friday is a day to sort out legal and side issues with the attorneys so juries get to stay home.  So any news will come out on Thursday and what better day to release a bombshell like the Frank Carson revelations of forgotten files than the day before Christmas Eve.  The Chief Deputy District Attorney Marlisa Ferreira, after delivering the bombshell of newly found files, had her car brought around to the back of the building and snuck out the back door, all of the time refusing to questions.  And of course where was District Attorney Birgit Fladager?  Conveniently out of town traveling with family, incommunicado. Couldn’t plan that any better.

 

The District Attorney’s conduct in this case, in our opinion, was reprehensible at best and vindictive, personal and almost criminal at worst.

 

One of the important questions remaining is will local mainstream media Public Relations Powerhouse, the Modesto Bee, call her out on her heinous behavior and run a series of articles ON A TIMELY BASIS (soon and often) or will they support this petty vindictive politician that is apparently using her office for personal payback.  Another example is if they backed a politician for office than you won’t see many follow-up negative stories.  But if you ran against one of their ‘favorites,’  and that’s a lengthy list,  then God help you because the Bee’s version of ‘scorched earth’ would make General Sherman jealous.

 

Bee history suggests they will run a positive article after they run a negative one for politicians and organizations they supported to gain ofice.  If they run an article showing the dark side of a few Sheriff’s deputies they’ll run a feel good article showing deputies interacting with children (not picking on deputies just using an example you’ll recognize.

 

So expect the Bee to allow the behavior of Birgit Fladager and her office to fall by the wayside.  They want to shape the narrative and decide which stories you’ll remember and which you’ll forget.  There goes that institutional memory thing I talk about again.

 

 

 

 

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16 Mar 2016

Modesto’s Latest Money Giveaway

By Emerson Drake dridenour

 

When a politician tells you what something isn’t they’re telling you exactly what it is. Talking about Modesto considering to give Modesto Neighborhoods Inc $900,000 Modesto Councilman Doug Ridenour was quoted as saying “This is not a power grab, this is not a money Grab.” Now you know exactly what it is.

Modesto’s history of keeping track of public funds is atrocious. Consider our track history of NSP2 or Neighborhood Stabilization and Preservation funds. Ryan Swehla created Trinity Ventures and received the lions share of the millions of dollars in grant money. Then former City Councilman Joe Muratore, Swehla’s real estate business partner, had to return $68,000 or be charged with a felony by the feds for his participation.

Then there was SCAP and Joe Gibbs who took public money for rebuilding homes and was supposed to be renting them out to low income families. But instead placed their friends and relatives in them.

The city was supposed to be overseeing these funds but instead they went to political insiders. Can we trust our politicians with our money without watching them closely? Heck NO!

To borrow a line from Frank and Ernest, Our problem is we have too many teachable moments and not enough learnable ones.

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09 Feb 2016
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The High Cost of Being a Resident of Modesto California

.By Emerson Drake   inflation
The City Council keeps raising the cost of living here in Modesto by charging us more for the necessities. Check your water and electric bill and you’ll find a 6% city tax  ($6.00 for every hundred dollars on your bill)  just for the privilege of living here. And now they want to raise our sewer bills even more to add on to the sewage treatment plant. The funny thing is, if you can call it that,  of the majority of the companies that use our sewage treatment facility, most of them DON’T pay that tax and one is even suing us for over billing. 
 
For the few companies that do pay the city tax there is a cap or max limit on the tax they have to pay.
 
Everyone encourages us to conserve water, and we should,  but now the city wants to raise our rates because they aren’t selling as much water and need a higher profit margin to cover their spending.  Because they can’t control their spending WE have to pay more. 
 
Residents are encouraged to conserve electricity but we pay more than large.companies, that chew through electricity at an ever increasing rate, 17 cents vs 10 cents per kWh, PLUS we pay the city utility tax and most of them don’t!
 
Now the City Council wants to give another set of one time incentive pay to MPD managers, totaling almost a quarter of a million dollars. Remember just a few short months ago we paid millions of dollars in one time bonuses to city employees. I guess we’re just lucky there are fewer of the MPD managers so our bill is less.
 
The really strange thing is there are actually people out there saying we should be happy paying extra to support big businesses, large corporations and the wealthy.  Talk about a sense of entitlement.
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