Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “Modesto politics”

Muratore Stabs Constituents in the Back

 By Emerson Drake

When MID’s General Manager Allen Short and attorney Tim O’Laughlin made their water presentation to the Modesto City Council, they deliberately misled them regarding the reliability of Modesto’s water supply from MID.  This was acknowledged by the Council when they finally had the opportunity to read the proposed contract with the San Francisco Public Utility Commission , also know as the SFPUC.  O’laughlin had the audacity to stand  in front of the Council and claim the contract would protect Modesto and keep Modesto first when it came time to divvy up available water.

Obviously that was just a lie.

When the council first voted in closed session it was 5-2 for exploring a lawsuit against MID for violating a  2005 contract. But before it became public the Council took another vote which made it a unanimous 7-0 vote.  Councilman Lopez spoke about this in open session. The two votes against were Mayor Marsh and Councilman Lopez.

 Councilman Muratore Betrays Modesto and Changes His Mind

Unfortunately MID Director Tom Van Groningen has since somehow  “persuaded” Muratore to change his mind and suddenly Muratore loves the proposed water sale.  What arguments did Van Groningen use?  Did he magically make more water appear in Don Pedro? No. Was he able to convince the SFPUC to take a back seat to Modesto and the farmers?  No.  So what did he dangle in front of Muratore to change his mind?

Well we do know from past experience with Councilman Muratore that money talks.  Maybe VanGroningen apologized for not passing a special exemption when Muratore, Swehla, Endsley and Hawn brought a solar project to the MID board.  Unfortunately that time Swehla screwed the pooch and failed to meet a paperwork cut-off and the project wasn’t eligible for the increased financial inducement which would have made the project viable, costing their fledgling company any chance of remaining in business.  And of course we remember Van Groningen supported Endsley’s biomass/garbage burner plant which cost ratepayers $1.292Million dollars. The $92,000 went to MID attorney O’Laughlin’s firm, but hey, who’s  counting?

Maybe a Forensic Auditor should be brought in to examine MID’s books given the revelation MID’s General Manager made when he admitted he had funneled money to political consultant Mike Lynch through Martino Graphic Design,INC. Has he done this before?  Have they paid a political consultant through a graphic design company or another company unrelated to political consulting to disguise their intent?  Couldn’t this sleight of hand be considered illegal, especially if there is evidence of this not being the first time?  Lynch has been making the rounds whispering in the ear of political wannabes like Councilman Lopez’s stepson Josh Vanderveen, who has been speaking out for the sale regularly since this issue came to light. Up to this point there hasn’t been enough known inducement for Lynch to be making promises to so many political candidates.  And of course it can’t hurt that Councilman Lopez has been making discrete inquiries about running for Supervisor Dick Monteith’s job when the supervisors term expires.

Whatever VanGroningen whispered into Muratore’s ear worked and as a result the potential vote is now 4-3 regardless of anything you’ve heard.  Now all eyes are on Councilman Cogdill to see if he’s as honorable as we hope.

Above all we need Council members to watch out for the Citizens of Modesto’s best interests and not their political careers or their wallets.

We Followed up the Email Bomb Shell with a Public Information Request

By Emerson Drake

After reading today’s article about the alleged bogus email by Bill Lyons we sent a Public Information Request to County Council requesting the “entire email including the IP information.”  This afternoon the county responded with the email but no IP information.

We’ve done a follow-up request but I’m sure we’ll have to wait until tomorrow for a response. 

This is a copy of the allegedly  “Bogus Email”

—–Original Message—–
From: bill lyons
To: <gstapley@modbee.com>, <boggsk@stancounty.com>, <obrienw@stancounty.com>
Subject: West Park
Date: Tue, 19 Jun 2012 08:49:56 -0700

I think an interesting story would be why supervisor Terry is able to vote on a project where his family and their partners own surrounding land. Del Mar and Maring and their affiliates own land around and near the naval base. In Terry’s own words “his is an accountant and can work figures”, I think anyone that can do basic math can figure when surrounding properties are developed, the undeveloped values increase significantly.
 
 

Dirty Politics by Bill Lyons, Mike Lynch and the Alliance Cost Stanislaus Residents Jobs

By Emerson Drake

Why is it every time people start looking into backroom deals to line a few private pockets at the expense of the majority of us, the names  Bill Lyons and Mike Lynch are usually at the top of the slime ball list?  Tuesday night at the Stanislaus County Board of Supervisors meeting was no exception.  One of the first announcements was that Supervisor Terry Withrow was required to recuse himself from voting on Gerry Kamilos’ WestPark project.   

Bill Lyons, who was the political opponent Terry Withrow soundly defeated, allegedly sent an email complaining about a potential conflict of interest since Withrow’s wife holds a one twelfth interest in some land across the street from the project.  This wasn’t considered a problem during earlier discussions but when Lyons and Lynch became concerned about the possibility of Kamilos being told to hit the road, Lyons and Lynch pulled out all of the stops.

Gerry Kamilos gave a presentation to the Board that quite honestly defied belief for anyone who has followed this debacle from the beginning. He did acknowledge the WestPark footprint had changed yet again.  Remember the original size was supposed to be approximately 1,400 acres but Kamilos insisted on 4,800 acres.  The bloated size of the project caused him problems from the beginning.  His most recent fantasy involves 2,900 acres which includes a scaled down solar farm (he can’t find a buyer for his electricity if built) and intermodal operation (truck and rail)  and a business park.

Kamilos paraded a mixed group of consultants who allegedly supported his concept but each and every one of them can to the party empty-handed and represented only themselves and not their organizations.  While Port Commissioner Victor Uno said “we think this project has great value to your community” he wasn’t bearing any “official”  Memorandum of Understanding  (MOU) to do business with Kamilos.  None of his business supporters were carrying MOU’s.  We were treated to kind words regarding the Union Pacific Railroad but again no MOU, in other words nothing concrete.

When Kamilos came to a page in his presentation containing about twelve as he termed it “good questions” he provided a little smoke and a few mirrors but didn’t completely answer any of them.  His consultant for water and sewer who has been with the project from its inception could provide no insight to how the sewer and water could be handled.

Kamilos’ Problem is he doesn’t have ANY Answers.

Kamilos doesn’t know or isn’t willing to admit he doesn’t have a clue where the money to upgrade the railroad tracks will come from.  He overlooks the fact that an Intermodal operation in Modesto had to be down sized because of the lack of business.  But Kamilos keeps using numbers that suggest he will get the lions share of the business in the valley when at least one of his competitors in Lathrop is better located and has had a successful operation for years. 

When Kamilos was questioned by Supervisor DeMartini his responses fell flat.  Kamilos used phrases like “value engineering” and “when the contingencies are factored” which have absolutely no meaning and DeMartini called him on it. When Kamilos claimed to have made “credible progress” the audience laughed and wondered aloud if Kamilos understood what that meant.  I’ve heard a few complaints regarding Supervisor DeMartini’s questioning of Kamilos but I thought DeMartini’s response was on target. DeMartini said he didn’t find Kamilos’ answers credible and he didn’t have the track record of someone the Board should be doing business with.

DeMartini asked Kamilos for a list of successful business parks he developed.  Kamilos named a few but DeMartini pointed out the parks he mentioned had never been completed or were mainly housing developments. DeMartini has been suggesting all along that Kamilos had originally used a map with five thousand home on it.  Kamilos has been denying this but last night Supervisor Monteith slipped and said the original map contained the  homes but the board had asked Kamilos to change it and he did.

Kamilos sued for Hundreds of Thousands of Dollars by his vendors

Kamilos has a track record which suggests his vendors have been required to take him into court to get paid. These weren’t challenges of withholding payment for shoddy work. Kamilos just doesn’t have the money to pay his creditors. One of his consultants last night appears to be continuing to support him in order to eventually get paid for past services rendered.  DeMartini raised the concern a creditor would come after the $2 Million deposit the County is going to hold.  That issue was never cleared up completely.

Supervisor Monteith says Kamilos is AMAZING

Actually Monteith said Kamilos was amazing three separate times.  It sounded almost like Monteith had a bro-mance going on with Kamilos.  Monteith didn’t mention if he purchased his rose-colored glasses or if they were loaned to him by Lyons and the Alliance but they definitely effected his view of reality in the opinion of many. Monteith has been a Kamilos supporter and sees nothing wrong with the five, going on six-year delay.  But since Monteith stopped placing candles on his birthday cakes he might not be aware of just how many years have passed. It begs the question if six years in “Supervisory Years” are the same as they are for you and me.

Supervisor Chiesa a disappointment

Although Supervisor Chiesa sent plenty of warning signs out about his vote prior to the proceedings, a glimmer of hope had prevailed with the crowd, since Supervisor Chiesa had said fifteen months ago it was the last extension he would vote for. But alas, in our opinion it appears he had been persuaded to change his mind prior to last nights meeting.  Chiesa is a smart businessman and I firmly believe nothing he heard last night could have possibly influenced him to vote for Kamilos and his project.

Kamilos held the Reports Hostage and dangled the $2.75 Million as a Saving Grace for the Supervisors

Yes the combination of the money and the lost reports were used as an excuse for the three Supervisors to vote for this option.  Bill Bassitt of the Alliance basically said there was no downside to the deal.  He told the Board early on If they got to keep the money it would be a fair deal.  But Mr. Bassitt and his Alliance get paid more from the state if the economic conditions remain as they are.  Yes, they want things to get better for the valley but would prefer it to be coordinated  to ensure the best of possible deals for their boards members.

The Modesto Chamber of Commerce Trots out Paid help to Promote Kamilos’s Deal

Yes, as usual the Chamber was knee-deep in trying to divide the “spoils” they hope to receive. They supplied paid employees to speak in support of Kamilos. Someone compared them to a “Union” for businesses. Others prefer to think of them simply as paid lobbyists.

JOBS are the Most Important result for WestPark

Yes, jobs are the top concern but the question that was supposed to be asked and answered last night was ‘is Kamilos the right developer to answer Stanislaus County’s prayers? ‘

Most of the public seems to feel Kamilos brought the early difficulties with WestPark on himself with his arrogance.  He believed he could run rough shod over everyone and everything, but he failed to size up the opportunities correctly.  Now all he can do is try to buy time to find  a deep pocketed suitor who won’t look too close at the details to provide the working capital he so desperately needs to continue his bumbling, stumbling, lurching attempt to cross the goal line.

Modesto’s War on the Homeless Continues

By Emerson Drake

Last night by a vote of 6-1 one of the most poorly written ordinances in Modesto’s history was enacted (okay, it takes 30 days to be in effect).  Mayor Garrad Marsh was the only council member to support Personal and Private Property rights of individuals.  Councilman Gunderson almost stood to be counted.  He anguished over his vote for a few moments, then he bowed his head, acquiesced, and went along with the herd.

Councilman Lopez is the Chairman of the Safety and Communities Committee this poorly considered ordinance came from. NONE of the Council or Committee  members were aware of the home camping limitation of the  “one consecutive night” provision that would have made you and your children criminals if you allowed them to campout two nights in a row. It seems that the Modesto Police Department conveniently over looked that sentence in the provision during its Committee presentation.  This was exposed when I went to the agenda meeting Monday afternoon, which is in preparation for the Tuesday Council meeting.  Otherwise it is very likely the three alternate versions of the proposed ordinance would not have been made available.  This ordinance  also made a sleeping bag  illegal paraphernalia, which Chief Harden tried to deny until they ordinance was read to him from the podium. Unfortunately this portion was not changed. At least  now you are allowed to let your children camp out 5 nights in a row.

As bad as this unnecessary intrusion into your personal life and family decisions you might choose to make is, there is a larger cause, and that is Modesto’s War on the Homeless

A little Background is in order

 Councilman Joe Muratore’s main platform plank when he ran for office in Council District 4 was  to remove the scourge of the homeless.  He said the homeless needed to be “eliminated” in a campaign speech he made which was since removed from his campaign website. Notice Muratore wanted to eliminate the homeless not homelessness which in my opinion  provides some insight to the man. You can find a breakdown of the BRCH members in an earlier article here on EyeOnModesto.

Councilman Muratore went to this same Safety and communities Committee (pre Councilman Gunderson) for permission to create a  the so-called Blue Ribbon Commission on the Homeless. This commission was composed of, according to the words of Chairman J. David Wright, “people who had been effected by the homeless.”  This was true but he failed to mention effected in a negative way.

Councilman Muratore’s particular appointee was La Loma Neighborhood Association President Mike Moridian who, since his involvement in the “association, which is not officially recognized as a nonprofit because of its advocacy of Muratore for Councilman during the council race, has been an outspoken critic of the homeless and has publicly professed a desire to chase them out of Modesto.

Last Night’s Council Meeting and Criminalizing the Homeless

I met many extremely thoughtful and generous people last night who spoke out for the homeless who were not there to speak out for themselves.  From former Council candidate Jenny Kenoyer who is also an advocate for our mature citizens to Annette Mott from the Angels for the Homeless and many more who spoke passionately in defense of the homeless. All questioned the council’s desire to make the homeless criminals in these dire times.  Ed Brearden Modesto’s Poet Laureate Emeritus was strident in his concern.  I’ll thank them and provide more of the names of those good people when the council video is posted to help with accuracy.

Brian Du Bois spoke and questioned the Council’s sworn committment to the U.S.Constitution regarding our allegedly protected personal rights and freedoms. He also questioned why the Council overlooked the fact Council member, Joe Muratore, took $62,500 illegally on a NSP2 scheme with his business partner Ryan Swehla.  Councilman Muratore returned the money and some how avoided potential charges from the U.S. Department of Urban Housing (HUD).

Homeless advocate and Mayoral and Council candidate Robert Stanford took Councilman Muratore to task calling him ‘Nazi Joe Muratore’ as was noted in Ken Carlson’s story in the Bee. He reminded everyone of Muratore’s spoken desire to raze the airport district’s homes and level the ground with heavy machinery.  Hopefully, then candidate Muratore meant after the people had been thrown out of their homes and into the streets and not before.  Muratore never made a distinction of his preferences in that regard.

Modesto’s Reality

We have a serious homeless problem but criminalizing it won’t make it go away. We need effective programs to combat homelessness and several were proposed last night.  But unfortunately the council (lead in this instance by Muratore, Cogdill, and Lopez) has its own ideas on the subject and instead of offering a helping hand up,  their plans seem to involve a right cross to the jaw followed by a kick to the groin.

What we as a society do to the least of us we do to all of us.

And we need to do better if we want to improve Modesto’s  image around the County, the State, the Country, and around the World.

Modesto Wants to Make Camping in Your Own Backyard Illegal

By Emerson Drake

I know it sounds crazy but that is what they intend to do Tuesday night at the City Council meeting.  It’s Item #20 on this weeks agenda.

http://www.modestogov.com/sirepub/mtgviewer.aspx?meetid=449&doctype=AGENDA

If the City Council has their way, if you want to campout in your backyard with your kids for two nights you’ll have to go to City Manager Gregg Nyhoff to get a permit.  And as we all know permits are a fund-raising mechanism and as a result cost money.  Does anyone possibly believe this makes sense?

Councilman Joe Muratore of NSP2 infamy has been leading this attack on the homeless since he was elected. But now he and his cohorts are willing to punish all of Modesto’s citizens in order to “put the hammer down” on a few.

Children have been camping out in their backyards for as long as I can remember and longer. My grandsons have been occasionally camping in the backyard for years .  A sleeping bag is considered illegal by the Council’s new ordinance.

This Crazy Ordinance makes relatives visiting in RV’s illegal

The following is taken directly from the City’s website…

4-12.701. DEFINITIONS.

Unless the particular provisions or the context otherwise requires, the definitions

contained in this section shall govern the construction, meaning, and application

of words and phrases used in this Article.

(a)

“Camp” means to place, pitch or occupy camp facilities; to live

temporarily in a camp facility or outdoors; to use camp paraphernalia.

(b)

“Camp facilities” include, but are not limited to, tents, huts, vehicles,

vehicle camping outfits or temporary shelter.

2/29/12

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S:\SHANNA\MUNICODE\TITLE-4\ORDINANC\Camping in the City.wpd

 

(c)

“Camp paraphernalia” includes, but is not limited to, bedrolls,

tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and

similar equipment.

(d)

“City Manager” means the City Manager or designee.

(e)

“Establish” means setting up or moving equipment, supplies or materials

on to public or private property to “camp” or operate camp facilities.

(f)

“Maintain” means keeping or permitting equipment, supplies or materials

to remain on public or private property in order to camp or operate camp

facilities.

(g)

“Operate” means participating or assisting in establishing or maintaining

a camp or camp facility.

(h)

“Park” means the same as defined in Modesto Municipal Code Section

12-4.201(h).

(i)

“Private property” means all private property including, but not limited

to, streets, sidewalk, alleys, and improved or unimproved land.

(j)

“Public property” means all public property including, but not limited to,

streets, sidewalks, alleys, improved or unimproved land and parks.

(k)

“Store” means to put aside or accumulate for use when needed, to put for

safekeeping, to place or leave in a location.

4-12.703. UNLAWFUL CAMPING.

It is unlawful and a public nuisance for any person to camp, occupy camp

facilities, or use camp paraphernalia in the following areas:

(a) Any public property; or

(b) Any private property.

(1) It is not intended by this section to prohibit overnight camping on

private residential property by friends or family of the property

owner, so long as the owner consents and the overnight camping is

limited to not more than one consecutive night.

2/29/12

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S:\SHANNA\MUNICODE\TITLE-4\ORDINANC\Camping in the City.wpd

 

(2) Nothing in this Article is intended to prohibit or make unlawful,

activities of an owner of private property or other lawful user of

private property that are normally associated with and incidental to

the lawful and authorized use of private property for residential or

other purposes; and provided further, nothing is intended to

prohibit or make unlawful, activities of a property owner or other

lawful user if such activities are expressly authorized by the City’s

comprehensive zoning ordinance or other laws, ordinances and

regulations.

(3) The City Manager may, as provided in Section 4-12.705 of this

Article, issue a temporary permit to allow camping on public or

private property in connection with a special event.

A violation of this section is a misdemeanor. In addition to the remedies set forth

in Penal Code Section 370, the City Attorney may institute civil or administrative

actions to abate a public nuisance under this Article.

4-12.704. STORAGE OF PERSONAL PROPERTY ON PUBLIC AND

PRIVATE PROPERTY.

It is unlawful and a public nuisance for any person to store personal property,

including camp paraphernalia, in the following areas, except as otherwise

provided by resolution of the City Council:

(a) Any public property; or

(b) Any private property without the written consent of the owner.

A violation of this section is a misdemeanor. In addition to the remedies set forth

in Penal Code Section 370 the City Attorney may institute civil or administrative

actions to abate a public nuisance under this Article.

4-12.705. PERMIT FOR SPECIAL EVENTS REQUIRED.

The City Manager may, in his or her discretion, issue a permit to establish,

maintain and operate a camp or a camp facility in connection with a special event.

A special event is intended to include, but not be limited to, programs operated by

the City departments, youth or school events, marathons or other sporting events

and scouting activities. The City Manager may consult with various City

departments, the health officer and the public prior to issuing any temporary

permit. Each department or person consulted may provide comments regarding

any health, safety or public welfare concerns and provide recommendations

pertaining to the issuance, denial or conditioning of the permit. A reasonable fee,

to be set by the City Council shall be paid, in advance, by the applicant. The fee

shall be returned if the application is denied. In exercising his or her discretion to

issue a temporary permit, the City Manager may consider any facts or evidence

bearing on the sanitary, health, safety and welfare conditions on or surrounding

the area or tract of land upon which the proposed temporary camp or camp facility

is to be located. 

 Did you catch the reasonable fee line?

In Other Words It’s up to the City Manager if Relatives can Visit Legally..!

Modesto is out of control and it’s up to the citizens to take control back.

I understand we have a problem with some of our homeless population but if they intend on punishing all of us to place handcuffs on a few, well they have another think coming.

I’ll be at the city council meeting with a sleeping bag to protest this intrusive law which attempts to place unconstitutional limits on what we can do on our private property.

I hope to see you there.

“What they do to the least of us they do to all of us and this is a perfect example.”

Public Information Request by Dave Thomas

Mayor, et al, as president of, and on behalf of the Stanislaus Taxpayers Association, we request under the tenets
of the California Public Records Act, Government Code sections 6253.1 through 6276 the document described to us by the Mayor as a “Term Sheet” which is being used as a tool to negotiate with MID on issues relating to Phase 2 Surface Water Treatment Plant.  
 
Frankly, we made our first request on May 24, in person.  That constitutes a request under the Act, and we beleive the 10 day requriement starts on the 24th.  Thus, we expect a response no later than close of business on June 4th.  ( I must mention an e-mail request and a telephonic request after the 24th.  As of this moment, I have not received a response, even though the Mayor promised to send us the Term Sheet twice during the meeting of the 24th.)
 
I have enclosed a discription and summary of these Code sections for the benefit of Council persons who may not have taken the time to read it.  I have included, below, part of these sections, starting with III. WHAT ARE PUBLIC RECORDS?
As you can see, the Act was created “…to cover every conceivable kind of record that is involved in the governmental process…”
The fact that the Mayor discussed this Term Sheet, including specific terms included in it, as well as the fact that the document is published in a BEE story, certainly makes this document a public document.  Finally, it simply cannot be denied that this document is used in conducting the Public’s business, as it involves a dramatic change in the City’s water policy, a huge potential fiscal and legal liability and will have a dramatic impact on every Citizen in Modesto and eight other cities and neighborhood.  The Public deserves to know what City officers are doing, especially considering the Mayor’s public policy of total transparency.
 
Mayor, unless you can site a specific exemption under the law, you must release this document as soon as humanly possible.
 
We respectfully request release of this document to us as soon as possible, by electronic means, at no cost to us.
 
Thank you very much, Dave Thomas, STA
 
 
 

“III. WHAT ARE PUBLIC RECORDS?

  1. Writing.
    1. Includes handwritings, photographs, films, sound recordings, maps, magnetic tape, computer disks-virtually any means of recording any form of communication.7
    2. Computer data is clearly within the definition of a public record.8
  2. Containing information relating to the conduct of the public’s business.
    1. The requirement that a record relate to the conduct of the public’s business is broadly construed, and rarely contested.9
    2. According to the legislative history of the PRA:

      This definition is intended to cover every conceivable kind of record that is involved in the governmental process. . . . Only purely personal information unrelated to “the conduct of the public’s business” could be considered exempt from this definition, i.e., the shopping list phoned from home, the letter to a public officer from a friend which is totally void of reference to governmental activities.10

    3. Includes the names of public employees,11 although it may not include home addresses and phone numbers of state employees.12 Note, however, that access to names of public officials and employees is increasingly disputed. Seeking access to names of pubic employees who are the subjects of investigations or controversies may be justified.13 However, as a practical matter, you will probably get more information sooner if you agree that names of such employees can be withheld.
    4. Note that the names and contract information for private citizens may also be exempt from disclosure, particularly those who submit information or

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complaints to the government with an expectation of confidentiality. Agreeing to allow public agencies to withhold such information may also expedite a request.

C. Prepared, owned, used or retained by state or local agency.

The records do not necessarily have to be in the actual custody of the public agency, if they are prepared, owned, or used by the agency.

D. Regardless of physical form or characteristics.

Information retained in an electronic format must be made available in any electronic form in which the agency holds the information.14″ 

Modesto’s Response to the proposed MID Water Transfer

Tonight a Special Edition of “What’s on America’s MInd” 7:00 Pacific and 9:00 Central

Tonight we have a report on Modesto’s budget workshop, a special interest group in Modesto known as the Chamber of Commerce, a discussion of the upcoming candidates workshop, and of course  issues that concern us all especially women.

So take some time and check us out.

http://www.blogtalkradio.com/centralvalleyhornet/2012/05/18/whats-on-americas-mind-with-emerson-drake

Tonight on “What’s on America’s Mind”

Wednesday night at 7:00PM pacific 9:00 Central time

MID’s Lawyer Tim O’Laughlin says NO to timely public information requests by Reed Smith. The buying of a political endorsement from the Latino Community Roundtable,  Modesto’s budget workshops and of course an update on issues that concern all of us especially women.

http://www.blogtalkradio.com/centralvalleyhornet/2012/05/17/whats-on-americas-mind-with-emerson-drake

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