Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “Modesto politics”

16 Feb 2012
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Congratulations Mayor Garrad Marsh as a New Day Dawns

Tuesday’s City Council meeting was a breath of fresh air.  Mayor Ridenour bowed out gracefully and Mayor Marsh assumed his position confidently.  He immediately set about making a few of his wishes known. 

 

During the public comment portion of the meeting I asked the council to re-visitModesto’s TIN CUP ordinance and return campaign contribution limits to the prior levels.

 

In 2005Modesto, at the behest of the Chamber of Commerce, raised the level of contribution allowed to $3,000 over a 48 month period. I believe the levels should be returned to the prior level of $1,000. 

 

In recent conversations with Chamber of Commerce leadership it has been made known the Chamber would back this adjustment of contribution levels.

 

What many people are not aware of is Mayor Marsh was one of the Council members in 2005 who voted against the increase.  It is hoped with the Mayor’s backing and the Chamber’s stamp of approval this change could come about soon.

 

To see the request go to http://www.modestogov.com/sirepub/mtgviewer.aspx?meetid=421&doctype=AGENDA

 And fast forward to 52.30 minutes into the meeting.

 

After dispensing with the consent calendar, Miguel Dinoso asked the Council to ensure firefighters and police would have at least minimal training in Spanish in the Shakelford area..

 

He also spoke out about community concerns regarding the lack of parks in the neighborhood.  Mayor Marsh responded by saying, “”we need to fix that,” simple and to the point.

 

The new logo was on display at the meeting.  On the big screen it was side by side with the old logo for and the difference was striking.  I’ve never heard of a CEO deciding to move his company to a town based on a logo, but updating ours can’t hurt.

 

Mayor Marsh was adamant thatModesto’s motto of Water, Wealth, Contentment, Health remain.

 

We have a real opportunity to improve lifeModesto, let’s join arms and take a step forward together.

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14 Feb 2012
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The Power of the Mayor, Myth or Reality?

By Dave Thomas

Good morning.  I wish the Citizens of Modesto, including our friends at the BEE would read and understand the underlying law of our City.  I have copied and pasted parts of the Modesto City Charter.  Please note that, contrary to today’s story, “Marsh: No big changes just yet”, there are certain facts:

1.  The City Mayor has absolutely no “…authority to prepare the (City) budget”.
2.  Neither the Mayor nor Council Members have any authority to place items on the Meeting Agenda.
3.  Neither the Mayor nor Council Members have any authority to speak to, influence, or request action from any City employee.  
4.  The City Manager is solely responsible for the executive and administrative duties of the City, and no one can interfere or influence him.  

Simply put, the Mayor is the ceremonial and political leader of our City, akin to a highly paid cheerleader.  He has absolutely no power or authority to DO anything.  At least, he can do  only that which the City Manager tells him to do.  The Council has no power or authority at all.  The closest you can say about the Mayor/Council is that they can refuse to pass Agenda items requested by the City Staff.  Since when has that happened?

Thus, City management will not change from what the City Manager wants to do.  At best, the Council can fire a City Manager, then hire yet another well trained bureaucrat who will continue do what ever he wants to.

Thank you, Dave

2-1.03 – Agenda.

In order to facilitate the orderly conduct of the business of the Council, the City Clerk shall be notified no later than 5:00 p.m. of the Wednesday immediately preceding a regular Council meeting of all reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council at such meeting. Immediately thereafter the City Clerk shall arrange a list of such matters according to the order of business and furnish each member of the Council, the City Manager, and the City Attorney and each department head with a copy of the same prior to the Council meeting and as far in advance of the meeting as time for preparation will permit.

The City Clerk shall mark with the word “Consent” those items on the agenda regarding which it can reasonably be expected that there will be no discussion by members of the City Council, the City staff or interested persons in the audience. At any time prior to the meeting or at any time during the meeting prior to Council action on the consent agenda any member of the City Council or the City staff or any interested person may request that a consent item be removed from the list of consent items, such item shall be taken up for consideration and disposition separately from the remainder of the consent items not so removed. In order to make clear that the vote on consent items is about to occur, the City Clerk shall read out the title or brief summary of each item marked “Consent” on the agenda to those present at the Council meeting. The presiding officer will immediately upon the conclusion of this reading advise those present that the appropriate time has come to speak on any item so read out from the consent calendar. Those wishing to speak will then confirm the consent item number or numbers they wish to address. Any such item shall be separately taken up for consideration in numerical order prior to the Unfinished Business portion of the agenda. All other consent items, whether previously removed from the consent calendar or not, shall then be considered at one time by a roll call vote after a motion duly made and seconded.

(Ord. 1084-N.S., amended by Ord. 313-C.S., Ord. 444-C.S., Ord. 1130-C.S., Ord. 1896-C.S., Ord. 2892-C.S., § 1, and Ord. 3094-C.S., § 1, effective 8-6-98)

2-1.04 – The Presiding Officer.

The Mayor shall be the President of the Council and shall preside at all its meetings and perform such other duties consistent with his office as may be imposed by the Council or by vote of the people. He shall be entitled to, and must vote, but shall possess no veto power. He shall be recognized as the official head of the City for all ceremonial purposes by the courts for the purpose of serving civil process, and by the Governor for military purposes. In the time of public danger or emergency, he may, with the consent of the Council, take command of the police, maintain order and enforce laws.

The Mayor shall preserve strict order and decorum at all regular and special meetings of the Council. He shall state every question coming before the Council, call for the vote, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. He shall sign all ordinances adopted by the Council during his presence. In the event of the absence of the Mayor, the Vice-Mayor shall sign ordinances as then 

 

2-1.22 – Council Not to Interfere in Administrative Service.

Neither the Council nor any of its committees or members shall direct, request or attempt to influence, either directly or indirectly, the appointment of any person to office or employment by the City Manager or in any manner interfere with the City Manager or prevent him from exercising his own judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager; and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately.

SECTION 800. – CITY MANAGER.

There shall be a City Manager who shall be the chief executive officer and head of the Administrative Branch of the City government. The City Manager shall be chosen on the basis of the person’s executive and administrative qualifications with special reference to the person’s actual experience in, or the person’s knowledge of accepted practices with respect to the duties of the office as hereinafter set forth. No member of the Council shall be eligible for appointment to the office of City Manager during the term for which the member shall have been elected or appointed, nor within one (1) year thereafter. The City Manager need not be a resident of the City or State at the time of appointment, but during the City Manager’s tenure of office, the City Manager shall reside within the City.
When a vacancy occurs, the Mayor shall nominate at least two (2) candidates for Council consideration for appointment to the position of City Manager. The Mayor may express to the Council a preference among final candidates. The Council shall appoint the City Manager for an indefinite term and may remove the City Manager by a majority vote of its members; provided, however, that the City Manager shall not be removed from office during or within a period of ninety (90) days next succeeding the election of a member of the Council. The purpose of this provision is to allow any newly elected member of the Council to observe the actions and ability of the City Manager in the performance of powers and duties of this office.
(As amended November 7, 1989, and February 5, 2008)

SECTION 801. – POWERS AND DUTIES.

The City Manager shall be the chief administrative officer and head of the administrative branch of the City government. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City and to that end, subject to the personnel provisions of this Charter, the City Manager shall have power and shall be required to:
(a)  Appoint and, when necessary for the good of the service, discipline and remove all officers and employees of the City except as otherwise provided by this Charter, and except as the City Manager may authorize the head of any department or office to appoint or remove subordinates in such department or office. The City Manager may also authorize the head of any department, including deputy directors, police captains and fire battalion chiefs, or other city employees as designated by ordinance, to recommend and impose discipline in accordance with this Charter.
(b)  Prepare the draft budget annually and submit it to the Mayor and Council, prepare the proposed budget annually and submit it to the Mayor and Council and be responsible for its administration after its adoption by the Council, prepare all other necessary budget documents, and prepare and submit to the Mayor and Council the Capital and Operating Mid-Year Budget Report.
(c)  Prepare and submit to the Council within ninety (90) days of the end of the fiscal year, a complete report on the finances and administrative activities of the City for the preceding year.
(d)  Review procedures relating to the assessment, levy and collection of ad valorem property taxes and make recommendations regarding the same to the Council if deemed appropriate.
(e)  Establish a centralized purchasing system for all City offices, departments and agencies.
(f)  Establish and enforce specifications for supplies, materials and equipment required by the City.
(g)  Cause all supplies purchased by the City to be inspected and a determination made that the same comply with specifications.
(h)  Prepare rules and regulations governing the contracting for, purchasing, storing, inventory, distribution or disposal of all supplies, materials and equipment required by any office, department or agency of the City government and recommend them to the Council for its adoption by ordinance. Preference shall be given to the purchase of supplies, materials and equipment from local merchants, quality and price being equal.
(i)  Enforce the laws of the State pertaining to the City, the provisions of this Charter and the ordinances, franchises and rights of the City.
(j)  Keep the Council advised of the financial conditions and future needs of the City and make such recommendations on any matter as the City Manager may deem desirable.
(k)  Make and execute contracts on behalf of the City involving budgeted or appropriated expenditures which do not exceed the amount specified by ordinance of the City Council.
(l)  Appoint advisory boards, without compensation, to assist the City Manager in the performance of the City Manager’s duty, if the City Manager deems it necessary.
(m)  Interchange employees between or among departments if the City Manager deems it proper so to do.
(n)  Immediately upon taking office, and annually thereafter, inventory and place a value on all real estate, buildings, furniture and fixtures, supplies and movable property of every kind and nature belonging to the City; and to require each officer or department head to inventory the same or any portion thereof. One (1) copy of such inventory shall be filed with the Council and one (1) with the auditor.
(o)  Be responsible for the custody and control of all City property, the custody and control of which has not otherwise been provided for by this Charter.
(p)  Perform such other duties as may be prescribed by this Charter or required of the City Manager by the Council not inconsistent with this Charter.
(q)  Sign all contracts, deeds and other documents on behalf of the City when authorized to do so by the Council or by this Charter.
(r)  The City Manager shall have the authority to transfer equipment and supplies between departments, and with the approval of the Council, sell obsolete, and unused or surplus personal property of the City.
(s)  The City Manager shall be accorded a seat at the Council table and shall be entitled to participate in the deliberations of the Council, but shall not have a vote.
(t)  The Council shall have the right to instruct the City Manager in matters of policy and the City Manager shall be responsible for implementing such Council policy. Any action, determination or omission of the City Manager shall be subject to review by the Council, but no such action, determination or omission shall be overruled or modified by a vote of less than four-sevenths of the members of such Council.
(u)  The City Manager, pursuant to Section 725 of the Charter, shall direct creation of draft written statements of Policy for each City department which is under the administration of the City Manager.
(v)  The City Manager annually shall conduct an independent, written performance evaluation of each head of a city department which is under the administration of the City Manager. Such performance evaluation shall include, without limitation, an evaluation of the department head’s performance in implementing the Council’s Statement of Policy for that department. The City Manager shall provide such performance evaluations to the Council for their review pursuant to Section 725 of the Charter. After such Council review, the Mayor may comment on the performance evaluation pursuant to Section 601(m) of the Charter.
 
(As amended April 20, 1971, November 4, 1980, November 7, 1989, and February 5, 2008)
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05 Feb 2012

Our take on SCAP’s recent Escapades

By Emerson Drake

Some of our “finest” citizens, including Rotarians, went to Sheriff Christianson to keep Joe Gibbs out of jail after he committed a hit and run, killing a man.  The Sheriff broke his own policy of insisting on jail time and granted Gibbs an ankle bracelet.  

The Sheriff has since refused to name the individuals who requested Gibbs stay out of jail.  It’s little wonder the “investigation” is taking so long.  Has Chief Harden been approached by these same citizens?  Is that why the investigation is taking so long to move forward? Kudos to the Bee for bringing this mess to light and not let it be covered up. After all, the SCAP fiasco, just like the NSP2 intrigue, leads us all the way through city staff, up to and including current city councilman Joe Muratore.

Two city staff members were thrown under the bus, but Joe Muratore being better connected, remains as a reminder of back stage political power and Modesto’s corrupt political scene.

And the Gibbs’, well they’re still the Gibbs’.

And SCAP, it’s too corrupt to fail.  Just ask their governing Board.

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15 Jan 2012
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The Gutting of the Tin Cup By the Modesto City Council

By Emerson Drake

Time Is Now Clean Up Politics – Tin Cup

Tin Cup Change 6/7/05

TO:  Mayor and Councilmembers

FROM: City Attorney

SUBJECT: Proposed Revision to theModestoMunicipal Code

CONTACT: Michael D. Milich, City Attorney, mmilich@modestogov.com, x75284

RECOMMENDED COUNCIL ACTION:

Introduction of an ordinance amending Section 2-8.01 of Chapter 8 of Title 2 of the

Modesto Municipal Code increasing the amount of campaign contributions over the prior 48

months that triggers a conflict of interest from $1,000 to $3,000, clarifying that campaign

contributions received by councilmembers in connection with their candidacy for any other

elective office do not count towards the $3,000 limit, and eliminating the limitation on

contributions in the week preceding the election.

BACKGROUND AND REASON FOR RECOMMENDED ACTION:

Modesto Municipal Code Section 2-8.01, et seq. (“TIN CUP Ordinance”) prohibits a

councilmember from exerting any influence on a City decision in which he/she has reason to

know they have a financial interest.  The ordinance states that a councilmember has a prescribed

financial interest if the decision will have a material effect on a major campaign contributor to

that member.  A major campaign contributor is defined under the ordinance to mean a person or

entity that has contributed $1,000 or more in the aggregate over the past 48 months.  The

ordinance was adopted by the City Council in 1986 and has basically remained unchanged since

that time.

The ordinance also imposes a reporting requirement in addition to those imposed on

candidates by the Fair Political Practices Act.  Finally, the ordinance prohibits contributions

exceeding $99.00 in the final week preceding the election and continuing until the certification

of the election results.

On May 10, 2005, the Modesto City Council considered a letter from Rob Ellett, Chairman

of the Government Relations Committee of the Chamber of Commerce which requested that the

Council eliminate the TIN CUP ordinance.  By motion of the Council this issue was referred to

the Audit Committee.  The Audit Committee met on June 2, 2005, and unanimously

recommended that the TIN CUP ordinance be amended in the following respects:

· The $1,000 limit be raised to $3,000.Mayor and Councilmembers

Proposed Revision to theModestoMunicipal Code

Page 2

· The ordinance be amended to clarify that it does not apply to campaign

contributions received by a councilmember in connection with that

councilmember’s candidacy for any other elective office.

· The limitation on contributions in the week preceding the election be eliminated.

The changes recommended by the Audit Committee are set forth in the attached

ordinance.

MICHAEL D. MILICH

City Attorney

MDM/sw

Attachment

cc: City Manager

City Clerk

How it was passed: 6/28/05

This item removed from Consent.
B. Ordinance 3391-C.S. amending the Section 2-8.01 of the Modesto Municipal Code and repealing Section 2-8.03 of the Modesto Municipal Code relating to campaign reform (Tin Cup).
· Motion approving final adoption of Ordinance 3391-C.S. amending the Section 2-8.01 of the Modesto Municipal Code and repealing Section 2-8.03 of the Modesto Municipal Code relating to campaign reform (Tin Cup) recommended.

ACTION: By Motion (Keating/O’Bryant; majority; Dunbar, Jackman no; Marsh absent) approved the final adoption of Ordinance 3391-C.S. amending the Section 2-8.01 of the Modesto Municipal Code and repealing Section 2-8.03 of the Modesto Municipal Code relating to campaign reform (Tin Cup) recommended.

http://ci.modesto.ca.us/ccl/agenda/ar/2005/06/ar050614-08.pdf

http://ci.modesto.ca.us/ccl/minutes/2005/cc050628.asp

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10 Jan 2012
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Today’s MID Meeting

Well it was as rowdy and contentious as any I’ve seen. The public’s distrust of the senior members of the Board, Tom Van Groningen, Paul Warda, and Glen Wild and especially General Manager Allen Short was not only palpable but jumped right out at all of those present.

No one trusted Allen Shorts benign comment “it’s just a sale of 2,200 acre feet to the City and County of San Francisco (CCSF) that could end up at over 25,000 acre feet per year for 60 or more years.  But today we’re only discussing the sale of 2,000 acre feet.”

This was in the Board agenda report that was available at the door and on the website www.mid.org . 

The first speaker was John Duarte, who laid it on the line regarding his belief the water was more important to the citizens and farmers of the valley than it was to the CCSF. John was a nonstop ball of fire or to better describe it he came out both guns blazing, loaded for bear and I hope he’ll send us his speech for publication here.

His finish was greeted by resounding applause from the audience, which irritated Board President Van Groningen to no end.  Speaker after speaker got up and deplored the thought of selling our water to the bay area.  The audience, many who attend on a regular basis, were obviously fed up with Van Groningen’s restrictive controlling ways and continued to applaud the speakers.

Several asked why the public meetings and the accompanying comments hadn’t been recorded.  Due to schedule conflicts I only went to one of the four public meetings which were held and the sentiment there was overwhelmingly against any sale what so ever.  According to comments made today the others were the same.

When Van Groningen claimed he had heard many comments for the sale at meetings he was laughed at.  Another speaker suggested this was why they didn’t record the meetings so they could spin the responses and deny what really happened.

Dave Thomas, President of the Stanislaus Taxpayers Association, during his allotted five minutes, tried to delineate the mismanagement of MID since the arrival of Allen Short but even though he hurried he ran out of time for the obvious reason there are just so many to recount.

Among the ones he mentioned were the Mountain House debacle which is still losing us Millions each year, the under funded MID pension plan, the four cities fiasco where we still have approximately $3.5 Million worth of equipment just sitting around wasting away that will never be used, the $6 Million Don Pedro warrantee allowed to lapse on a roof there, a ‘new’ water treatment plant that could cost $80Million to replace or repair, and of course the Bio-mass plant which cost ratepayers 2 plus million to get out of the lawsuit that attorney O’Laughlin said we didn’t have to worry about.

MID attorney Tim O’Laughlin snarled at Dave Thomas within seconds of Thomas’ 5 minute signal sounding.  Why he did that could be considered obvious.

O’Laughlin has been taking fire in recent months for dragging his feet and placing unnecessary obstacles in the way of Public Information Requests (see today’s editorial page, letters to the Editor of the Bee.)  But apparently he felt the need to personally attack Dave Thomas for his remarks about Allen Short and Thomas wanting to finish a final sentence.

At the end of the meeting Director Larry Byrd made a motion to shelve the project, which died for lack of a second.

Nock Blom explained he wanted to get all of the information before he made a decision.

The outcome was 4-1 with Larry Byrd being the only dissenter.

I only wish I could do justice to all of the eloquent speeches given today but I can’t.  So please everyone take a moment and comment to www.EyeOnModesto.com   You all deserve to be heard and I’ll make sure everyone gets posted.

.

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09 Dec 2011
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Kari Abbey Preliminary Hearing Day Two Part Two

By Emerson Drake

The District Attorney’s Chief Investigator on the Kari Abbey case, Mike Hermosa is still on the stand and starts discussing the rental property onOlympia St.where Nora Martinez and Javier Arreygue have been after Jose Flores for some time asking him to rid the home of the rat and cockroach infestation.  They also complain about the homes lack of window screens.  This has been an ongoing issue and they have withheld rent in order to motivate the landlord which they believe isFlores.  Hermosa points out itsFloreswriting on the rental application. The renters smell gas and call PG&E who shut off the gas line until the leak on the house side is repaired.

 

D.A. Investigator Mark Smith returns to the stand after teaching class that morning. The discussion goes back to a co-worker of Kari Abbey’s, Pat Hanuula, and Abby’s early morning trips to Starbucks.  Smith states Hanuula told him that Abbey used this time to study for her real estate license course. Rains countered she was doing paperwork for her rental property.

 

The topic switches to the police search of the house where the “log book” concerning the  marijuana growing operation was found.  James Abbey told Mark Smith that the log didn’t track marijuana that was sold but the cost of growing it and that the grow was all his.

 

Kari Abbey told Smith that the grow room was her fathers not hers. Already mentioned was the fact one of Kari Abbey’s deputy uniforms was in a closet off of the grow room.

 

Jose Flores told Smith and Hermosa he and Kari had gone to 1708A Donald the week before the shooting in an attempt to collect the rent. Charles Rivas,  a tenant was there but Rita wasn’t and Flores and Abbey were told they would have the money next week.

 

Smith noted that Kari Abbey had a for rent sign in her work car (Scion). 

 

Back to Mike Hermosa: Hermosa had asked questions to see if the Sheriff’s Office was aware of Abbeys managing the rentals, which they were. Three were owned by James Abbey, nine co-owned by Kari and Bennie, one by Bennie himself, and a few by a bay area company (PLM) and the rest by anotherModestocouple.

 

Hermosa detailed several different addresses used by Rita during the summer on 2010 along with using a variety of sources for getting that information.

 

In the affidavit for the search warrant dated 3/24/11, support for a violation of penal code 602.5 and 418 and 602.5, in particular supporting the conspiracy charge, conspiring involves having no rental agreement to make the eviction process easier if it keeps the electricity in Abbey’s name. 

 

A discussion ensues regarding the altercation onSanta Cruz.  Kari and Bennie had told the MPD officer Bennie had hit Victor with an open hand according to the MPD report. But later Bernie acknowledges he hit Victor with his fist. Apparently James Abbey had taken a rental down payment and security deposit but refused to give the tenants a rental agreement to take to MID to get the electricity turned on because of a former debt. The renters created a fake renter agreement to get the power turned on, but MID checked with Abbey and then refused to.

 

Defense attorney Rains then produced a lengthy series of rental agreements which all showed the lessee was responsible for the electricity. All of these rental agreements name Kari Abbey as the property manager. But during cross D.A. Harris was able to point out these properties were unknown to the prosecution and were owned by someone else. 

 

These properties stretched from Ripon throughModestoand added to Abbey’s already heavy workload. They also highlighted the fact these other owners all used rental agreements and Abby many times didn’t.

 

James Abbey had made a series of personal notes where he detailed going into properties that were occupied without obtaining permission.

 

It’s also pointed out how James Abbey lied to officers on the night of the shooting, 9/24/10, by not mentioning Jose Flores having been at 1708A Donald and not knowing who the green truck belonged to (Flores) that witnesses said was in the driveway.

 

Former S.O. Sergeant and now Deputy Coroner Seymore tells the court how he was Abbeys supervisor from 3/09 thru 1/31/11.  He proudly relates he’s considered anal by his subordinates regarding keeping track of their whereabouts and how they keep him informed about everything they do.

 

He details how Kari’s schedule was 4 ten hour days and that she would talk with him when she needed to use flex time which by his estimation was about twice a week.  Sgt, Seymore suggested Abbey kept him well informed with her schedule and aware of what she was doing.

 

D.A. Harris asks if the S.O. has a policy that requires deputies to inform their supervisors regarding “official contact” with another police jurisdiction.  He said they did.  Harris then asked him if Abbey had reported the contact with the MPD regarding the tenant’s complaints along with the fight between Bennie and Victor.  Sgt. Seymore said no she didn’t.  Harris then said, “apparently she doesn’t tell you everything then does she.”  Sgt. Seymore said “I guess not.”

 

 

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06 Dec 2011
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Kari Abbey Preliminary Exam Hearings – Day One

By Emerson Drake

Prior to Judge Ricardo Cordova coming out, the bailiff Officer Lackey informed the public regarding “special rules” Judge Cordova had imposed.  No outbursts or sound effects regarding testimony or you would be asked to leave and wouldn’t be allowed to return for the duration of the trial hearings.  Also the courtroom would be dismissed in shifts, first one side then the other.  We were told this was to avoid confrontations between the sides.  Fortunately nothing even remotely like that occurred during the day.

When Judge Cordova joined us he reiterated the bailiff’s statements and included that he understood this could be very emotional  at times and a display of emotion would be understood.

Stanislaus County Sheriff’s Deputy Vince Hooper took the stand.  He was the first of the Sheriff’s Officers (SO) to arrive on the scene.  He was greeted by three Modesto Police Officers who had attempted CPR on Rita Elias and had then secured the scene to preserve the evidence.

S.O. Detective Jon McQueary told the courtroom about autopsy results, bruising on Rita’s scalp being consistent with hair being pulled, abrasions on Rita’s face and mouth being consistent with blunt force trauma consistent with that of a fist.

He also related the autopsy findings about the three gunshot wounds Rita suffered.  The first one went directly to the body. The second entered above her elbow and exited on the inside of her arm, entered her chest, went through her lung and lodged in her heart.

The third bullet entered her back.

All three wounds were considered sub-lethal by the pathologist Dr. Carpenter. His report indicated she would have died within minutes.

The defense attorney suggested Rita’s arm was raised and suggested Rita was pointing  a gun.  But when D.A. Dave Harris crossed, he pointed out Rita would have to have been contorting her body almost 120 degrees (visualize pointing your right arm straight out to your side then pointing it about two feet behind you. Difficult to believe when you consider testimony later suggested Rita came around the right side of Abbey’s parked Scion and Abbey was to her left.

Det. McQueary also testified that six casings from a .40 caliber glock semi-automatic were found at the scene. So far no one has accounted for the three missing slugs.

S.O. Detective Francisco Soria, lead investigator in the case told us about the interviews with Kari Abbey’s uilding manager/handyman, who lived in one of Abbey’s houses. Det. Sorano related how Mr Flores alleged he arrived at 1708 Donald just before Kari and James Abbey after a phone call to the Abbeys to collect rent money from the tenants who were $600.00 behind. They found Abbey in front of 1701B talking on a cell phone that was never recovered.

Abbey confronted Rita and told her she had to leave,  Rita then set a backpack and a purse outside and then accompanied the Abbeys and Flores inside where James Abbey commented “at least they didn’t wreck the place.”

Abbey and Elias began to argue when Abbey threw Elias’ backpack and purse into the street.  Elias reclaimed her property and soon the two women began to fight.  It wasFlores statement that fists were flying when Elias went down. Abbey managed to jump on top of her and continued to wail on her with her fists.

James Abbey yelled at Kari to stop and they separated.  But the argument continued.  Rita saying she was losing because she was wearing high heels and Abbey yelled back “then come and get some more.”

According to testimony they were screaming profanities at each other. Elias said she knew where they lived and she would get even.Flores told the investigator James Abbey yelled to Elias to bring it on. 

Flores told Det. Sorano that Elias went back in the apartment for about five minutes.  He also stated he watched Abbey go to her car and get her gun and wait for Rita to come back outside.

When Elias emerged from the apartment she was carrying a pruned tree branch and the replica BB pistol.  Elias allegedly came around the right side of the car (looking at it from the apartment door) and Abbey was around the car to her left when the shots were fired,

Flores continues to claim he had gone back to his truck (which was on the far right again using the front door as a reference point and didn’t actually see the shooting but says he saw Rita on the ground moaning in pain before he left. Floresthen got in his truck saying he didn’t want to be involved and left.

When James Abbey was questioned on Sept. 24th he told police “no one else was there.”

On Sept. 28th James Abbey said he didn’t know who Flores is. And finally on October 4th he acknowledges Flores is his daughters’ apartment manager, but doesn’t know whenFlores’ truck arrived or left.  James Abbey also admits to shutting off the power to the apartment before they entered the night of the shooting.

 It wasn’t until the next day when neighbors told police about the truck that investigators were made aware of a witness to the shooting.

Other points were made on Tuesday regarding the embezzlement charge.  Two of Kari Abbey’s former co-workers told D.A. investigator Mark Smith about working with Abbey, saying Kari seemed to be spending half of her scheduled time on personal business.

The defense attorney made a motion to exclude this testimony but after some legal wrangling (the statute of limitations doesn’t start on an embezzlement charge until the activity is discovered , otherwise it’s four years.)

So the testimony was allowed.  One of her co-workers had gone to internal affairs to report Abbey’s activity and refused to work with her after that. The second one felt so uncomfortable she managed to be “busy” and avoid working with Abbey.

Also Jose Flores said he had made the agreement to rent the apartment to the two men and that there was no written agreement and that he didn’t care who lived there.

Day Two Tomorrow.

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17 Nov 2011
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Greg Nyhoff and the SCAP Letters, is He Stonewalling the Citizens or trying to “Control” the Story?

By Emerson Drake

When we heard Modesto was refusing to give either the letter it wrote to SCAP or SCAP’s response, to the Bee or the rest of us for that matter, we sent a Public records Request to the City in an attempt to get a copy of the letters.

The following was the City’s response:

From the Office of the City Clerk

Hello, Mr. Drake…
 
You indicated that you wanted an acknowledgement of receipt for your request, so I wanted to make sure it was being worked on. The City Manager’s office reports that the response letter received from SCAP will be released within the specified timeframe under the Public Records Act.  Given the closure of the City for the Thanksgiving Holiday and furloughs, they will release the document on Monday, November 28th. 

 

We wondered why the obvious delaying tactics by the City Manager Greg Nyhoff?  Was he trying to dribble the story out in small bits and pieces?  Maybe, maybe not.

We’ve all learned about the life cycle of a news story and delaying disclosure would be a way to deal with one leaked part at a time.  Or at the very least seek a more “friendly venue” to disclose the entire story.

On November 16th, the very day this email was received, we were fortunate enough to obtain from a reader the letter SCAP sent in response to the City’s.

Apparently Mr. Nyhoff felt the need to advance his time-table since the “cat was out of the bag” so to speak. We only hope Mr.Nyhoff will come clean and stop trying to protect some of the people who sat in on his hiring interview and deal with the people who pay his salary.  That is to say, the PUBLIC.

So what do you have to say for yourself Mr. Nyhoff?

 
 
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14 Nov 2011

Monday night’s Meeting of the Modesto Economic Development Committee

By Emerson Drake

These meetings would surprise the vast majority of Modesto voters if they knew how they were conducted. 

The Modesto Development Committee or the (MDC) consists of Council persons

Joe Muratore , Chairman

Brad Hawn, Vice-Chair

Stephanie Burnside, Member

Councilman Hawn was forced to start the meeting since Joe Muratore forgot all about it. Fortunately Alternate Dave Geer was present to sit in until the absent Muratore could find time to attend.

There were four vacancies on two separate committees which needed to be filled.  The Council members gave their usual concerned decisions. That was tongue in cheek since neither of the two council persons present had seen the applications until just before the meeting started when City Clerk Stephanie Lopez passed them out.  Just like the last time we brought one of these meetings to you, the Council members just mulled the decision around not knowing the applicants or caring much about who they chose.

Just when they were getting ready to randomly pick the second future committee member, Councilman Muratore came strolling in. He had neither seen the applications nor was familiar with the applicants, so he went along with those already chosen.  Not surprisingly, two of the three chosen were members of the real estate community.

We finally came to the meat of the meeting which was a discussion of updating the status of the State Route 132 West Freeway/Expressway Project.

There were 8 maps on the wall which, it was explained to us, were not available to the public on line because of Cal Trans policy.  Not to go with stereotypes but the total build out which will cost taxpayers somewhere between $160-170 Million  looked like it was designed by a drunken sailor.

Immediately after the meeting the maps were taken off the wall despite the fact we were told they could be viewed the next day.

Several of those attending the meeting including Denny Jackman, had questions about the design.  For good or bad these maps haven’t been approved by Cal Trans and are preliminary and subject to revision.

When concerns were raised regarding potential conflicts of interest, Stephanie Burnside spoke up and said “I’m willing to recuse myself to avoid unnecessary criticisms”,  but City Attorney Susan Acala Woods supposedly said her voting was alright.

Considering Ms. Woods recent record of being wrong when it comes to the need for Council members to recuse themselves, maybe Ms. Burnside should have remained silent and let Dave Geer cast a vote in her stead.

Well we won’t know for sure until after the FPPC rules on the complaint to be filed tomorrow.  Ms. Burnsides business, Burnside Auto Body is going to be displaced by the Route 132/Needham connection, so one would have hoped for extra caution to have been taken.

This was anything but an earthshaking meeting but it saddens citizens to know the haphazard way some of the City Council members go about the City’s business.

We thank Dave Geer for his extra diligence and willingness to step into the breach left by Councilman Muratore.

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14 Nov 2011
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More MID Deceit…A Look at MID Rate Increases

By Dave Thomas

Good morning.

There have been 13 rate increases since 2001, or in the last 11 years, and this next one will be the 14thincrease to the rate payers in the same 11 years.

 

                   I have to tell you, though, John, that sometimes I fear that the true harmful economic impact of these insidiously “modest” cost increases is not appreciated.  Today’s story quoted a ratepayer as complaining that we have had rate increases of “86.25% in 10 years”.  I think I am being kind when I say, “That is not quite accurate”.

 

                   You can see by the attached MID rate increase summary, that the actual cost of electricity billed to ratepayers is substantially more than 86%.  We went to our tax records and pulled out every bill we paid in years 1998 through 2004, and recorded the starting rate, each rate increase, then compared those rates to our October bill.  If you look closely at the lowest rate actually charged, it is the Winter Rate of 1998, and the rate was $.0602, or 6.02 cents per Kilowatt hour.  The current rate actually charged occurred on the Summer Rate of 2011.  That rate is $.1808, or 18.08 cents per Kilowatt hour.  This 18 cents is, however, not the whole story, because MID, in its wisdom also added a flat rate of $12.50, thus increasing the costs by another $150 per year to every rate payer.  Moreover, the City of Modesto’s 6% Utility Tax was imposed on every rate increase, and last month MID sent over $1 Million dollars in Utility Tax to the City.

 

                   Let’s do the rest of the math.  If a ratepayer paid $100 a month electricity bill in 2001, the total COST of electricity would now be $264.54 (including the tax).  If that same ratepayer’s monthly summer cost was $200 in 2001, the rate increases published in today’s story would increase his monthly cost to $502.37.  AND the City would charge him another $30.14; the total monthly bill would be $532.51.

 

                   Thank you very much, Dave

MID ELECTRICAL RATES, 1998 THROUGH 2011

                                                SUMMER RATES                              WINTER RATES

1998                1ST 500 KWH             .0727                                                   .0602

                        OVER 500 KWH        .0797                                                   .0661

1999                SAME RATES AS 1998

2000                RATES NOT DISCLOSED

2001                RATES NOT DISCLOSED

2002                FLAT RATE INTRODUCED AT $12.50

                        1ST 5OO KWH           .0784                                                   .0649

                                                            .0860                                                   .0713

2003                FLAT RATE $12.50

                        1ST 500 KWH             .0879                                                   .0728

                        OVER 500 KWH        .0964                                                   .0799

2004                FLAT RATE $12.50

                        1ST 500 KWH             .0962                                                   .0797

                        OVER 500 KWH        .1055                                                   .0874

2011                FLAT RATE $12.50

                        1ST 500 KWH             .1649                                                   .1367

                        OVER 500 KWH        .1808                                                   .1498

______________________________________________________________________________

IN THE 6 YEARSFROM 1998 AND 2003, THE RATES INCREASED BY

                        1ST 500 KWH             .0152                                                   .0126

                        OVER 599 KWH        .0237                                                   .0138

IN THE 8 YEARSFROM 2003 AND 2011, THE RATES INCREASED BY

                        1ST 500 KWH             .0770                                                   .0639

                        OVER 500 KWH        .0841                                                   .0699

When I look at these numbers, I have to ask, just when did Allen Shortbecome the boss at MID?

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