Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “Modesto politics”

Thursday’s Salida Ad Hoc Committee Meeting

By Emerson Drake

We had a room full of City of Modesto Staff and of course Mayor Marsh and Councilman Codgill. The County was out in

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)

force With Supervisors Terry Withrow and Board Chairman Supervisor Vito Chiesa along with CEO Monica Nino and staff.  The Ad Hoc Committee is led by Thomas Reeves but the meeting was dominated by Katherine Borges.  Because of the research she has done she challenged the Goodwin Report’s numbers and quite honestly the report was found lacking in accuracy.  Despite being paid $60,000 by the city and county the Goodwin representative was forced to admit the “costing figures”  were estimates not grounded in fact but estimates created by using fuzzy numbers.  Ms. Borges rightly pointed on the vast difference between the amounts charges to contract cities and those “allotted” to Salida for the Sheriff’s Department.

Mayor Marsh admitted he might have jumped the gun by talking about the possible annexation of Salida last year by not quietly consulting with Salida first and Ms. Borges underlined his comment and placed an exclamation point after it. She repeatedly said Salida does NOT want to be annexed by Modesto.  She set off the short fused Modesto Councilman Dave Cogdill.  How a man with such a short temper ever made it into politics is a wonder.  Of course it might have something to do with riding his daddy’s coattails and the silver spoon of entitlement he was born with.

He basically said “why should Modesto be at these meetings since you aren’t going to believe a word we say.”   Here is where I believe an opportunity was lost.  If someone would have taken him up on his offer to walk away I really think he would have left just as he started to  at a Salida MAC meeting.  Supervisor Chiesa talked him down from the ledge that night but since the Supervisor was under the weather today maybe he would have let Cogdill walk.  Believe me it would have been no loss because of his my way or the highway attitude.

They Mayor offered to help  by using Modesto staff and his experience to assist Salida in exploring incorporation.  My real thoughts are,  if Salida has difficulty early on in the conversation in securing the financial wherewithal to stand alone the County will  try to push the Salida MAC into a shotgun wedding with Modesto.

As usual the topic came around to jobs and shovel ready land.  It appeared both the County and Modesto’s  leaders thought the EIR or environmental impact reports had been done on the 1,000 of business park in the Salida plan. But Matt Machado threw ice water on their warm and fuzzy moment.  NO EIR has been completed according to Mr. Machado.  So what no one said until AFTER the meeting, because the public wasn’t allowed to speak was the question, “Who controls the county’s largest business Park?”  The County does…its name is WestPark.

So now we know the Salida business park ISN’T shovel ready.  Will Modesto still thirst for the annexation?

You better believe it. There are too many on the Council who see that land as being good for THEIR own pocketbooks. And for my two cents that starts with Councilmen  Dave Cogdill and Joe Muratore.

The Ad Hoc meetings will continue in the future but sadly no one on the Ad Hoc Committee suggested the public be allowed to contribute in the future.  If we go the taxpaying public be forced to sit quietly and watch.

What’s on America’s Mind Wednesday at 6:30 PM

Topics include Salida Annexation, Salida Ad Hoc Committee, the Salida MAC meeting, the General Plan Amendment for

 

Radio RED 104.9 FM

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

 

Modesto, Modesto’s Ag mitigation policy decision, Campaign Donation limits, Safety worker overtime, Golfing locally, these and more so tune in at 6:30 PM Wednesday and find out the things you really  need to know.

 

104.9 FM Modesto our Flag Ship station

 

The call in number in (347)215-9414

 

To listen live or at your leisure from our archives:  http://www.blogtalkradio.com/centralvalleyhornet/2013/03/28/whats-on-americas-mind-with-emerson-drake

 

Public Record Requests Should Benefit From Judge’s Ruling

English: Author: Carl Skaggs This image was ta...

English: Author: Carl Skaggs This image was taken by me on January 14, 2010 in Modesto, California I hereby relinquish all rights to this photo. (Photo credit: Wikipedia)

By Emerson Drake

It may not seem like a big deal to most people but Friday’s ruling by Superior Court Judge James P. Kleinberg should change the way Modesto responds to Public Record Requests (PRR) regarding emails and texts.  Several times in the past we’ve requested emails from Council members through the city only to have the request denied by Modesto City Attorney Susanna Acala Wood.  She used a unique measuring criteria when it comes to email.

Her responses in the past have been, unless a council member prints an email and uses it as a reference for information in a conversation with other council members then it doesn’t meet the threshold for a response to a PRR.  Modesto as a rule deletes emails in 30 days.  They say it’s because they need the space on their servers.  From the judge’s ruling it appears   Modesto will be arranging for larger servers.  Judge Kleinberg also ruled private text messages are obtainable by the public.  Hopefully Modesto will start saving the emails for longer periods of time and will stop disallowing access to them.

I should take this opportunity to say former Councilman Brad Hawn was always forthcoming with his emails when they were requested.  But he was the Lone Ranger on this issue.

KTVU TV  SAN JOSE, Calif. —

A Northern California judge has ruled that private text messages, emails and other electronic communications sent and received by San Jose officials about city affairs are public records.

The ruling Friday in Santa Clara County has the potential to settle a long-simmering legal debate in California over access to such records.

The state’s Public Record Acts and other laws require communications of elected officials and other public officials on public issues to be retained and turned over upon request.

Since the advent of email, activists and others in the state have been battling with officials at all levels of government over whether public issues discussed on private devices with personal accounts are covered by the Public Records Act. Similar legal battles and political debates have sprung up across the country as well.

San Jose Court Rules Text Messages, E-Mails, Electronic Communications Of Public Officials On Private Devices Deemed As ‘Public Records’

Public Workshop on the General Plan Amendment..Why Weren’t You There?

By Emerson Drake

The only way to prevent  “Government from just happening to us”  is to be a participant every step of the way.  It

English: Author: Carl Skaggs This image was ta...

isn’t easy for most of us, heck it isn’t even possible for some.  Life has many demands from work, family, and all that is entailed in keeping our heads above water.  We’re limited to trying to pay as much attention as we can to our communities and hope others will keep us informed.  In Stanislaus County and Modesto in particular,  politics has always been an insiders game. One thing to keep in mind considering the current topic is, the Planning Commission was chosen by the City Council not voted on by the people  and will be making the recommendations to the Council regarding the General Plan. Like I said, it’s an insiders game.

Politicians make the rules, not so much to benefit the people, but  more often to give them something to point to when the citizens suddenly become aware and wake-up and say, “hey, what’s going on”  and of course by then it’s too late.  They’ll say, “we did everything as required by law” but the damage is done and can’t be undone.  And of course they wrote the laws.

We were at the meeting Monday night at the Peterson Event Center.  Out of 203,000 who live in Modesto and another 20-30,000 who live around the city about 85 people showed up to hear what Modesto City Council wants to plan for our futures. Make no mistake and think the eventual outcome doesn’t matter,  because it does.  What ever the final form of this document is, it will be referred to for 20-50 years as guiding force for what comes next.  The areas which end up being marked for expansion will be planted with driveways.  Previously preserved farmland acres  which are covered by the Williamson Act will be undone.

Phrases like, “Modesto adopted a  a statement of overriding consideration for loss of prime farmland as being significant and unavoidable.”  This came out of the following LAFCO document which walks us through just one of the areas Modesto annexed in recent years, This particular one just goes back to May 15,1997 but the documentation as you will see goes back to Jan. 14, 1995 for the Contract-Land Conservation Act which in turn references the Land Conservation Act of 1965.

Modesto.Kiernan

Monday night showed a glimpse of the devious developer schemes to come.  We heard from Craig Lewis a developer and Prudential Real Estate Broker and he is also connected to six different companies.  Mr. Lewis was also at the Valley Vision workshop between the City Council and the City Planning Commission where he bemoaned the desire of the majority of the public to preserve prime farmland.  For those who haven’t gone through  the “developer experience”  you get to hear their mantra of “jobs, jobs, jobs.”  Don’t get me wrong we need jobs but the only one s taking home the big greenbacks will be developers and their friends. He read to us out of his guiding light book, a financial magazine.  He and his kind will (metaphorically speaking) attempt to wrap themselves in a flag in an attempt to make it seem to be your patriotic duty to forget farming and plant driveways. We heard him and his colleagues talk about developing the Dakota/Beckwith area, also know locally as the Emerald Triangle because of the ultra prime soil (rated 95 out of 100) which exists there.  They talked about how Dakota was being expanded to four lanes and made it sound like it was going to be tomorrow.  After talking with County staff, Matt Machido last night I can tell you NO money has been appropriated for Dakota Road expansion, none has even been applied for.

Likewise we noticed on City maps being used for the workshop Hammitt Rd. interchange with a completed tie in to Ladd Rd was shown. When I questioned Brent Sinclair about this he said he would ask Matt Machado at the County.  Not being one to wait for Modesto’s rendition I went straight to the horses mouth so to speak and asked Matt about it Tuesday night.  Again Matt said NO money has been requested or set aside for the interchange completion let alone the tie in.

While many people spoke that night among the notable were Reed Smith, Karla Von Hungen, and Donna Minighini.  Reed ask questions about the availability of water to service the ever enlarging expansion Modesto has in mind.  He pointed out the water supply is already inadequate and steadily diminishing.    Brent Sinclair had earlier promised replies to questions but remained silent preferring to ignore the question completely.  Several bordering on many in the audience requested a response but Brent just remained silent.  Ms. Von Hungen and Ms. Minighini commented on California’s  insistence on forcing counties and cities to designate a portion of their land for large numbers of future middle and low income housing as a requirement to receive state funds. They noted the county had designated large numbers of homes for the Salida footprint and pointed out how the county had violated home owner rights by designating condos to be built in Del Rio over the objections of the majority of the residents.

Here are two pdfs with maps showing the version adopted in 9/9/09 and the second the map proposed by staff on 2/14/13.

GPA-10-001 EXH GPLU Diagram Adopted 9-9-09

GPA-10-001 EXH GPLU Diagram Proposed 2-14-13

The following is a link to the city of Modesto website where these diagrams can be found.  I’ve requested the city to put a link on the front page but so far Mr. Sinclair and his staff are “too busy” to help keep the public informed. After all they held one of the three meetings  they are required by law to hold.

http://ci.modesto.ca.us/ced/projects/gp-amendment.asp

Here is what Modesto’s outside accountant (Moss Adams) said about Modesto Staff.  Take a bow Mr. Nyhoff. All of the credit is yours.

COM-Org-Study

It wasn’t pretty was it. This is what happens when you hire a City manager who refuses to put anything in writing for fear it will be discovered by a public information request as as such will be held accountable, and is more concerned about what the Chamber of Commerce thinks, than about what the Citizens of Modesto need.

There will be two more public workshops, Monday, April 15,2013 at 6:00 PM at the Davis High School “Little Theater” 1200 Rumble Rd. Park near the tennis courts at Davis Park.  The final workshop or opportunity for the public to speak their minds will be Monday, June 3, 2013 at 6:00 PM at the King-Kennedy Memorial Center 601 South Martin Luther King Drive-Mellis Park.

Here is a line straight out of their flyer:  Broad public participation will help ensure that the amended plan reflects the community’s preferences and values to “the maximum extent possible”.

An interesting  way to phrase it isn’t it.  After expanding into previously carefully guarded areas, ignoring some questions and refusing to answer others, I wonder just what “the maximum extent possible” really means.

Things to do Places to be This Week for Central Valley Citizens

Monday– Modesto’s General Plan Amendment Update is at 6:00 PM  in the Peterson Event Center 720 12th St. Modesto

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)

The General Plan establishes policy for Modesto which affects all of the surrounding communities. The General                               Plan establishes policy direction regarding Modesto’s future growth and development. The GPA also proposes changes in both land use and street diagrams.  So if you want to have some input in Modesto’s future the time is now.   As the Farm Bureau likes to say…If you aren’t at the table you’re probably on the menu.”  It’s your chance to speak out against special interest groups and their attempt to control our future.

Tuesday– Board of Supervisor’s Meeting – Petition day, Save our Water

The BoS meets at 6:30 PM tonight at 1010 10th St.  Take the opportunity to speak out to protect the Central Valley’s water go to http://www.calsmartwater.org  and sign the petition preventing the state from stealing our water.

Wednesday–  Attend the State Water Resources Board Hearing Sacramento

You can drive up by yourself, reserve a seat on the bus, or caravan there with others. The topic is: Board Workshop – Statewide Policy for Biological Objectives in Perennial Streams. Growers, irrigators, customers and ratepayers in MercedID, MID, OID, SSJID and TID are encouraged to attend and witness the process.  We all have a story to tell and how this could personally affect your family, business or employment are all stories the State Board needs to hear.

The State Board will only ask for comments that are different from previous speakers. If you have something to add to the comments, they can be done at the meeting or written comments may be provided prior to the March 29th deadline.  For more information or to RSVP, contact Michelle Reimers at TID –mareimers@tid.org – (209) 883-8530 or Melissa Williams at MID –melissaw@mid.org – (209) 526-7390.

Thursday– There are a host of Modesto Committee Meetings and one County Meeting

                     9:00 AM- Stanislaus Services Agency also called the JPA or Animal Services 3647 Cornucopia Way.  There are nine items on the agenda including the Animal Protection Ordinance. The number you can call is (209) 342-1742 w/voicemail

                     11:00 AM – Waste-to-Energy Executive Committee & Financing Agency Meeting
Tenth Street Place, 4th Floor Room 4104, Contact Annette Byrne 577-5494  

12:00 PM – Housing Rehabilitation Loan Committee Meeting     
Tenth Street Place, 2nd Floor Room 2008, Contact David Paladini 571-5822

4:00 PM – Airport Advisory Committee Meeting     
Airport Administration Office, 617 Airport Way, Contact Katie Brown 577-5305 

4:00 PM – Disabled Access Appeals Board Meeting     
Tenth Street Place, 2nd Floor Room 2005, Contact Cindy Haynes 577-5252

Friday–  The “12th annual Cesar E Chavez Si Se Puede Empowerment Luncheon                                                               At the Peterson Event Center 720 12th St. Modesto. Tickets are $20.00 each and must be purchased before Wednesday Contact Maggie Mejia Latino Community Roundtable  (LCR)  Contact Maggie at:

mejiam3@sbcglobal.net  She lost her voice so please don’t call.
    REMEMBER,  Be an active engaged Citizen!  Don’t be one of the ones Government JUST HAPPENS TO. 

   They can only govern by ambush if we let them.

Modesto’s Tin Cup Ordinance Goes to Committee Monday at 5:00

By Emerson Drake

Last adjusted in 2005, Modesto’s  Time Is Now To Clean Up Politics or TIN CUP ordinance is being voted on for the second

English: Author: Carl Skaggs This image was ta...

English: Author: Carl Skaggs This image was taken by me on January 14, 2010 in Modesto, California I hereby relinquish all rights to this photo. (Photo credit: Wikipedia)

time by Modesto’s Safety and Community Committee.  The last time the ordinance was changed the Modesto Chamber of Commerce was the petitioner.  They actually wanted to get rid of campaign limits altogether (no surprise) but a compromise was reached at the insistence of the Councilman Garrad Marsh(Marsh wanted to keep the limit at $1,000.  A donation can be made with a limit of $3,000 before a member of the city council including the Mayor, had to recuse themselves from voting on the contributor’s bill

We’ve been trying to get the TIN CUP total rolled back for several years and the requested

levels are a $1,000 contribution for council races and $2,000 for mayor with a 48 month window.  Since 2005 we instituted council districts, there by lowering campaign costs.  A council candidate has only one sixth of the city to “get the message out”  to.

In fact there is no limit,  and will be no  limit on how much anyone can donate. It just helps keep the old quid pro quo in check.  At least that’s the goal according to some, and levels the playing fields say others. It should come out of committee unscathed since it’s the wording agreed upon by the committee during their January  meeting.  The vote then was Councilmen Geer and Gunderson voting for and Councilman Lopez against.

Councilman Lopez like to say he believes someone running for Council should have the guts to ask for $3,000 yet he doesn’t. He asks for $2,999 so he can still vote for a donors project.

For the public there is NO downside to the change.  It helps to level the playing field between average citizens and deep pocketed special interest groups.

Here are the top ten contributors for the 2012 city elections.  Some of the totals would astound you, like the over $20,000 to Brad Hawn by Stephen Endsley over one year before the elections.

1  –  Dr. Steve Endsley
2  –  David Wright
3  –  George Petrulakis
4  –  Modesto Police Officers Association PAC**
5  –  City Signs
6  –  Modesto City Firefighters COPE (PAC)
7  –  Dr. Aruna Chopra including Chopra Development
8  –  Modesto Chamber of Commerce PAC (MOPAC)
9  –  Russ Newman including Newman Romano LLC
10 – Chris Tyler

After all what do a couple of City Unions, a developer under indictment, a developer not under indictment,  several lobbyists, a SCAP Director loving insurance salesman, a land use attorney,  and a Gallo In-Law have in common?

Could it be to make friends and influence people and their votes?    I heard a politician say, “Money doesn’t buy access to me or my vote.”  

My response is fine, then the limits won’t stop you from voting YES on lower TIN CUP limits.

Here is the pdf of the entire ordinance: 28221703032013111122796

Please don’t hesitate to call or email your Council representative and let them know how you feel.   Lets take the special interest money out of politics.

Tell them to Vote Yes for lower TIN CUP limits.

Modesto’s Economic Development Committee Feb.11,2013

English: Author: Carl Skaggs This image was ta...

By Emerson Drake

Monday’s 5:00 meeting of Modesto’s Economic Development Committee was almost uneventful but not quite. First it was an opportunity to address those who had supposedly approved Modesto’s request to LAFCO to change LAFCO’s written rules or policy and allow a “special arrangement” to be made with the owner of Beard Industrial Park, the Beard Trust. 

We’ve asked this question of Mayor Marsh, several LAFCO Board members, and  Brent Sinclair (Modesto’s Community Economic Development Director) and no one has an answer.  Waterford Mayor and LAFCO Board member Charlie Goeken says since Modesto and Beard Industrial requested it and the County was okay with it, LAFCO had no reason not to go along with it.

After a conversation with Councilwoman Burnside, who was nice enough to give me a general direction to look in (but unfortunately the quest didn’t bear fruit), I decided to submit a Public Information Request to Modesto to help in finding out when the Committee  first voted and then the  Council voted on the LAFCO request.

Salida was mentioned in passing during the status report of the development projects processed by the committee.  The list wasn’t mentioned in detail and wasn’t passed out to onlookers.  It can be found as a supplement to the committee’s agenda on-line at Modesto city’s website. http://ci.modesto.ca.us/council/committees/econ.asp 

The second item on the agenda was Brent Sinclair’s recommendation to postpone the 2013 Urban Growth Review. It was felt by staff that so little had changed it wasn’t necessary to update the plan. It is reasonable to presume since little had changed and his department has a computerized list of all changes, an update would be relatively easy and reasonable with the potential looming Salida annexation.  Since $60,000 dollars had just been spent to obtain accurate numbers (the Goodwin Report) it makes logical sense to be using new up to date numbers in the Urban Growth plan.

But Brent Sinclair said it was too hard for staff to update the plan and delaying it for two years seemed reasonable to him. The committee agreed with him.  I brought this matter up to the council the next night but the Mayor seemed to agree with Brent “It’s too Hard” Sinclair.

Could there be a reason Mayor Marsh and Councilman Cogdill, both on the Modesto Ad Hoc Committee, and pushing the annexation of Salida, don’t want or desire an update?  Is an agenda involved? You tell me.

Salida Says NO but Will the Mayor Listen?

 

Location in the state of California

Location in the state of California (Photo credit: Wikipedia)

By Emerson Drake

Salida turned out for the Salida MAC meeting in larger numbers than I’ve seen Modesto EVER turn out for a council meeting.  Over 243 citizens of Salida attended and stayed for the better part of two hours to let Modesto’s Mayor Garrad Marsh know they weren’t interested  in being part of Modesto. Cars were seen pulling into the Salida library parking lot and leaving when they couldn’t find a parking space.

Speaker after speaker came to the mic to speak against the potential annexation.  Mayor Marsh, who hadn’t requested time on the agenda, wanted special treatment which wasn’t afforded. It’s hard to blame the MAC Board since Marsh had been playing games with the Salida AD Hoc committee . When Modesto’s Mayor had the opportunity to address the crowd, instead of discussing his annexation plans he chose to talk about his family’s past connection with Salida.  Was any of it relevant? No, but it was his choice and his avoidance of the topic people were there to listen to, says volumes.

When the conversation wasn’t going the way he liked, and Modesto Councilman Dave Cogdill became disruptive and was politely asked to quiet down, he almost left in a snit. Fortunately (I think) Supervisor Chiesa talked with him and managed to get him to return to his seat.  Silver spoons get in your way sometimes and it did his that night.

When the crowd was asked to raise their hands to gauge its temperature no one raised their hands in support of annexation, about a dozen suggested they wanted more information, and a forest of hands were raised when asked who was against annexation.

Unfortunately politicians with an agenda suggest the people assembled don’t represent the true feelings of Salidans.  I suggest to you they are VERY MISTAKEN.

Unfortunately due to an electronic glitch the audio recording of the meeting was lost.  But those assembled  remember what was said and how they felt.

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

Radio RED 104.9 FM

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

During Modesto’s State of the City address Marsh Declares WAR on SALIDA, and the response of a few Salidans,  Stage 2 on the Cat Killer Ordinance, a recap of the Modesto City Council meeting, the politics and challenges behind getting a city ordinance passed, Lower TIN CUP limits, this and much more Wednesday night at 7:00 PM.

Mayor’s State of the City Speech soc2013EOM 

104.9 FM our Flag Ship Station

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

http://www.blogtalkradio.com/centralvalleyhornet/2013/02/07/whats-on-americas-mind-with-emerson-drake

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

Radio RED 104.9 FM

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

Topics include: Fake non-profits like Thanks4Giving, Lower Campaign Limits for Modesto called the TIN CUP Ordinance, Canceled Public Meetings Between Modesto and the County, Some Background on the County’s Medical Care Contract,  Conversation with Investigator Interbitzen from the District Attorney’s Office about our local Cat Killers, a discussion about paranoid Hysteria and Sandy Hook, and the latest Intrigue from SCAP so please tune in at 7:00 PM Wednesday and find out the things you really  need to know.

104.9 FM Modesto our Flag Ship station

To listen to the show live on from our archive anytime just click on the following link:

http://www.blogtalkradio.com/centralvalleyhornet/2013/01/17/whats-on-americas-mind-with-emerson-drake

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