Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “Stanislaus County California”

07 Apr 2013

Regular Governmental Meetings April 8 – April 14

Wednesday Markets fresh tomatoes for sale-1=

Monday:

4:00 PM – Modesto agenda meeting.  Basement 1010 10th

5:00 PM – Safety & Communities Committee/Cncl Workshop Rm 2005  Non-Emergency Transportation Applications

Cal-Grip Grant and Project Ceasefire Report

Tuesday:

9:00 AM Modesto Irrigation District meeting:  Water rate hike 10% and allocation of 36 inches

5:30 PM – Modesto City Council meeting Basement 1010 10th

No Board of Supervisors meeting this week

Wednesday:

3:00 PM – City Council Goal Setting Workshop (Session II) 1010 10th Room B-300  No agenda on file?  PRR sent.  This could be interesting.  “Flying under the Radar“

This is the report from the prior Goal Setting Meeting:

CC-Priority-Results

 

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06 Apr 2013

One Public Meeting On and Another Off and What it Means to You

Chamber pot

Chamber pot (Photo credit: Pete Reed)

By Emerson Drake

The General Plan Amendment Public Workshop is still scheduled for Monday April 15, 2010 at 6:00 PM at Davis High School “Little Theater” (1200  West Rumble) park near the tennis courts on the East side of the school.

We can question if whether these meetings will make a difference or not but if no one goes and speaks out they’ll do what they want without  an argument and we will have nothing to refute their discussion points with at City Council.  The Modesto Chamber of Commerce Lobbyist Cecil Russell has been recruiting real estate salesmen and developers like Craig Lewis, Dennis Wilson, Bill Zoslocki,  and others to speak out in favor of planting driveways on Prime Farmland.  This cabal (the Chamber and their fellow conspiracists)  is also VERY interested in Modesto’s attempt to annexation of Salida.  Modesto’s City Manager Gregg Nyhoff (of the bungled nitrate in the well water issue) recently decided to spend $25,000 on a phone poll because they didn’t get enough public input on a prior set of public workshops.

Please understand if you live in Modesto and Stanislaus county this General Plan will affect us for the next 20 years.  Don’t let just a few greedy people decide our future for us.

As an aside, you just have to appreciate the conniving being done when they say they want public involvement  then they schedule the public meetings on Monday nights and one of them is the final day for taxes being due.

Secondly: The monthly city and county Liaison meeting has been cancelled.  For those curious, Salida was NOT on the agenda.

For those wondering about the picture, it’s what we won’t have if Modesto developers get their way.:)   It also might be my new symbol for an article involving the Modesto Chamber of Commerce and or their developer buddies.

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27 Mar 2013
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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

 

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26 Mar 2013

What Government Doesn’t Tell You

By Donna Minighini

City/County government still has yet to really solve Modesto and Stan County’s extremely high unemployment rate.

Luke on Modesto, Tatooine

Luke on Modesto, Tatooine (Photo credit: Rubink1)

Enticing mid-large size employers to relocate here -bringing JOBS to local residents, is the most important goal and achievement that government could do (besides protecting our individual safety from a rising crime rate  from the forced “re-alignment program”).  However, instead of building a strong economic foundation for both the city, county, and residents of Modesto to flourish from – government has not disclosed to residents the fact that some of their city and county “building” and “revenue” strategies  have been channeled into applying for millions of dollars in state grant monies for MORE transportation improvements, and a goal of developing 25, 608 low income high-density housing units to be forced upon 25,608 neighborhood streets:  the impact of such a large amount of additional government subsidized housing (to the existing section 8 housing that the city and county has long participated in providing for needy residents) will turn our area into a Bay Area “subsidization designation” magnet.  Major decisions made for our city and county should benefit all residents.

 

STANCOG’s “Valley Vision” public “workshop” seminars talk exclusively about the County’s future efforts of providing more “transportation improvements” – however they quickly breeze over the fact (and don’t talk at all) that in order to obtain millions of dollars in grant monies, the requirement of forecasting future county “housing growth” numbers “need” resulted in their determination of 25,608 low income high-density multi-complexes to be “forced” upon city and county neighborhoods.  When asked at a recent VALLEY VISION public workshop meeting, and then again at the first public GENERAL PLAN AMENDMENT/LAND USE public workshop meeting –  they say their presentations are about transportation improvements – (not housing) and they quickly avoid any discussion or explanation about what is outlined in the “2009-2014 Revised Housing Element Update Report” – describing low housing development. (http://www.co.stanislaus.ca.us/planning/pl/gp/housing-element.pdf).   Why is our government depressing a public presentation of these housing goals (which are already in progress)?  Providing housing growth projections are part of the requirement for transportation funds. http://www.hcd.ca.gov/hpd/hrc/plan/he/he_time.htm.

 

A city and county should help its needy with some subsidized housing and Modesto and Stanislaus County have always provided this assistance.  Many private property owners have, and still offer their properties for rent under section 8 subsidization agreements.  But for Modesto and County government to provide future growth housing “stats” (to Sacramento) of needing 25,608 more low-income high density multi-family housing units is adding to an already over-supply housing problem which our area has been struggling to get over, and ,of which has destroyed thousands of dollars in homeowner’s property values causing them individual economic harm.  Over-development of housing is not fixing the real problem:  the need for jobs and economic growth for all residents.  Forcing 25,608 low income high-density multi-family units within our neighborhood streets (see “2009-2014 Revised Housing Element Update Report”) with a list of potential exact vacant lot “APN” parcels for each city and town to which the County can mandate this housing be built on (the County classifies some of these as “INFILL” locations, giving developers special preference – and forming “the law to the project”!)  The report even provides shocking statements that existing statutes and law can be “government restraints” to the building of this housing!  When has a government agency or report ever made such condemning statements as to bad mouth or overturn the protections of the public as identified in existing local or state statutes?

 

High density residential projects destroy our beautiful “rural” low-density single family residential neighborhoods – the prime reason people want to live here (decent spacious family living).  This new housing policy is a developer’s dream of making a lot of money and the “valley vision” of a few government persons who possess bad “decision making authority” which will add to the problem of our area’s housing over-supply.  Whether an over-supply or not, this policy is sure to cause economic financial harm to homeowners’ neighborhood with further decline of property values.  A home for many is the only source of financial stability for their future.  No “valley vision” or government policy should cause economic harm to any of its residents.  And the power to make land use decisions should not trump people’s individual property rights and well-being of a neighborhood.  A Board of Supervisor’s comment regarding a land use policy was “get used to it!”  As the public, we don’t have to live with decisions from government that invade our privacy, well –being, and individual land rights.   Any person can challenge the decision of local government by filing a Writ of Mandamus action with the required timeframe to do so.

The current re-written “LAND USE” amended document which can be seen at

(http://www.stancounty.com/planning/pl/gp/gp-chapter1.pdf ) is part of the “General Plan” Amendment project, and indicates shocking “absolute sole power” given to the Board of Supervisors and the HCD (Housing Community Development) for such housing and commercial development.  The housing land use policy circumvents and tramples on a resident’s private land use protections such as “community plan” agreements/contracts, “CCRs”, and the quality-of-life expectations a homeowner thought he/she could count on for their family in the character of a neighborhood.  A city or town’s “progress” or “modernization” is never justified if it destroys another person’s well being and property rights.

The County doesn’t even have to continue to fight to annex Salida because they force their specific “business and residential land” goals of developing over 3300 acres by simply exercising their County goals in “upgrading” an unincorporated area as they see fit, approval developers applications (with flexibility) – and they’ll even get grant monies to do so!

 

The current land use actions and documents are nothing more than extreme “government control” over you as a private citizen, and another very bad decision to transform Modesto and other towns into a high-density area, (all in the name of “progress”).  Such changes will not be seen immediately with today’s rezoning maps – until construction projects formalize in the future. Everything looks good on beautiful color coded maps and diagrams but think beyond this about possible congestion or neighborhood character transformation that will occur in the future?   Just travel to any Bay Area city and see what overpopulation feels like, and how hard it is to navigate around high-density commercial shopping and business areas. Is this the kind of city you want to live in? Beautiful presentations to the public today do not substitute the future demise of a “rural Agricultural town”.  Persons who think “modernization” and “updates” involve high density mixed-use development will in fact, will bulldoze over the “character” of your rural town, which is why most people live here:  low density spacious living to raise a family from the hectic ills of the big cities.  Yes, I’ll agree we need some updates in the downtown area with re-development.  Most downtowns are high- density residential and business use (mixed-use zoning) offering a variety of shops, restaurants, cultural events, personal services, and apartment housing – but leave our easy going, spacious single family neighborhoods alone from forcing multi-plex, high-density low income housing which will change the very character of these neighborhood streets.   Many residents don’t want an “urban” high density character in their “rural” neighborhoods!

 

Much of the transportation improvements within Modesto and in County areas are being made in North Modesto instead of helping to raise the quality of life in many Southern Modesto areas.  Why doesn’t the City and County direct the $92 million dollars of transportation grant monies just received for “further” improvements of north Modesto’s Pelandale and Kiernan roads (which are improved sufficiently to date) to south Modesto’s neighborhoods and streets, in an effort to bring these areas up to middle class status and beauty?   See StanCog’s “Overall Work Program, Amendment 2” report, to see the Counties’ transportation strategies.  http://www.stancog.org/pdf/owp/owp-fy-2012-2013.pdf

 

D. Minighini

Modesto

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20 Mar 2013

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.

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13 Feb 2013

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.

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01 Feb 2013
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Workforce Alliance Violates Brown Act, Holds an Illegal Meeting

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

The Alliance held their monthly meeting January 28th at noon and everyone but the public was invited.  As an organization subject to the Brown Act the Alliance  must post their agenda 72 hours ahead of time, and the official places they choose to use are their website and on the door to their offices at 1010 10th Street.  Unfortunately for the public, the time on the website was 3:30 PM and the two pages attached to their door had NO MENTION of the meetings start time.

So understandably when five interested members of the public arrived early at 3:15 for the meeting and discovered the meeting was already over, there was some consternation.  During his convoluted explanation, Bill Bassett pointed out it was mentioned just before the meeting by attendees, that the starting time listed on-line was incorrect, but they went ahead with the meeting anyway.  What was strange was they adjusted the time on their site to 12:00 AFTER the meeting was over.  How that helped I’m not really sure, though their admission came after I explained the incorrect listing had been downloaded over the weekend.

You haven’t read about this in the Bee

You really have to wonder why this Brown Act violation has been overlooked by the Modesto Bee since one of their reporters, Ken Carlson, was one of the five left hanging by the incorrect/false time posting. But even Ken has to get it past his editors before it gets printed in the Bee. And as we have seen, the Bee editors have an agenda they adhere to when it comes to backing the powers that be.  They consider that it’s in their best interest not to ruffle the feathers of those in power so they can continue to receive the behind the scene phone calls (or as in the case of MID, confidential Legal Memos) giving them advance notice of political deals. Unfortunately this practice ends up taking their readers down the rabbit hole with them.  The Bee keeps their secrets for weeks as in the case of the memos, until Eric Cain published them on his site, www.TheValleyCitizen.COM .  Blog sites like his and this one are where you can find out what they don’t want you to know.

It was interesting to read the two different versions of Ken Carlson’s article on the Goodwin report. The first one mentions the Bee obtaining the Goodwin Report and the second one, the one published doesn’t.  Makes you wonder doesn’t it?  It’s those pesky editors.

The Leaking of the Goodwin Draft Report to the Modesto Chamber of Commerce and the Workforce Alliance

One of the reasons we wanted to attend the Alliance meeting was to hear Bill Bassett’s comments on expanding the Enterprise zones, shovel ready ground, and the need for Modesto to annex Salida to make it easier to divide up the pie known as Salida.  Both the Alliance and the Chamber have had the Goodwin consulting Group’s Fiscal Impact Analysis Draft Report for the better part of two weeks. Who in the City and County governments gave these reports away? Well no one will admit to it but it happened.  My thoughts are to look to those who are the liaisons from the City and County but who knows?  It appears the Chamber is getting ready to launch an “Annex Salida” campaign.  After all, one of the reasons for the Chambers existence, and that of the Alliance,  is to manage situations for the advantage of their members. Remember Bill Bassett has repeatedly said his “investors” expect a return on their investments.  And it usually comes out of your pocket and mine.

Is anyone censuring the Alliances Violation of the Brown Act?

We made sure both the City of Modesto and the Stanislaus County Board of Supervisors were made aware of the Brown Act violation and have asked both organizations to issue the Alliance a letter of protest. Will anything come of this probably not.  When it comes to the potential annexation of Salida, our Mayor has turned a deaf ear to the vocal protests of over 240 Salida Residents.  So I ask the Mayor and Council, when was the last time 240 Modestan’s showed up to a council meeting and stayed past the presentations?  For that matter I ask the Board of Supervisors the same question.  At Tuesday’s meeting of the BoS there was only one member of the public present for the last hour of the meeting. 

Why should the City or County censure the Alliance?

Most people aren’t aware the County gives the Alliance about $92,000 and the City gives the Alliance about $60,00 of the taxpayers money so I feel they have a responsibility to speak out. 

Not only should the Alliance receive a letter of censure from both of the Board of Supervisors and the Modesto City Council. these two government entities should stop wasting taxpayer money on the proposed annexation.

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27 Jan 2013
3 Comments

Local Politics, It’s an Insiders Game

By Emerson Drake

Imagine, if you will, a hit and run driver who killed a man is sentenced.  The local Sheriff has the ability to decide if he spends his sentence of a year actually in jail or allowed to spend his time at home with an ankle bracelet.  The Sheriff gets calls and visits from people he refers to as Rotarians who ask him to allow this man to stay out of jail because in his words “he’s written grants that have brought lots of money to Stanislaus County.” The Sheriff’s policy was no home detention for crimes of violence and a fatal hit-and-run fits that description.  The perpetrator not only received this “special treatment” he  even received lax follow-up on his home detention and was seen several times out and about town, from the Gallo Center, to the Brenden movie theater in the evenings when he should have been at home.

The Sheriff’s name was Adam Christianson and the Rotarians he referred to were members of the Stanislaus County Workforce Alliance, Chamber of Commerce, and the Rotary. The man’s name was Joe Gibbs.  The group he worked for was called Stanislaus Community Assistance Program or SCAP.  What most people remember of the SCAP debacle is Mr. Gibbs wanted to be paid over $600,000 dollars for his grant writing ability. 

Official seal of County of Stanislaus

Well, that and the fact he and his wife placed her parents in one of the fanciest remodeled homes while using SCAP staff to rent out the two homes her parents owned.

Less remembered is the joke of an investigation Modesto City Manager Greg Nyhoff performed. The total paper trail was an email to SCAP warning them about the Bee’s investigative article.

What many people aren’t aware of is the continuing SCAP connection at city hall. Not only have former SCAP board members been placed on multiple city committees, they still promote on the city website some of the companies involved. From the company that attempted to channel $62,500 to Benchmark Realty (then owned by Councilman Joe Muratore and his business partner Ryan Swehla), to Joe Gibbs and SCAP.

Joe Gibbs

Stanislaus Community Assistance Project (SCAP)

2209 Coffee Rd. Suite A

Modesto, CA 95355

(209) 572-2437

Jgibbs1@scap4.org

Ryan Swhela

Trinity Ventures

1120 13th Street. Suite I

Modesto, CA 95354

(209) 380-4425

ryan@trinityventures.us

You can see for yourself here  NSP2 Developers straight from the city website.

Recently J.David Wright, Modesto’s third largest political contributor in the last local election helped, Frank Ploof  get placed on the Citizens Housing and Community Development Commission.  It is bad enough that Ploof is a former member of  SCAP’s Board of Directors, he spent 10 months helping Daryl Fair, the former SCAP Board Chairman with a nonprofit that hadn’t filed their papers with the IRS for several years and had lost their nonprofit status.  Now Mr. Wright is also promoting Mr. Fair to run a day drop-in-center for the homeless.  All he needs is a grant. That’s correct,  he wants to stick his hand back in the honey jar, your pocket and mine.   Watching Wright show up at the last city council for the expressed reason of making sure Ploof received the necessary votes sure took the cake. By the way, despite all of the SCAP connections and the fake nonprofit, the vote was 5-1. Councilman Lopez voted against with Councilman Muratore recusing himself from the discussion and vote.

Watching the city representative make sure their “insider friends”, the Beard Industrial Trust, receive special treatment from the LAFCO Board, which cost Modesto millions of dollars between property taxes and utility fees, was enough to turn a citizens stomach. But quite honestly it was just business as usual for Modesto and the County we live in.

Since the Alliance and the Modesto Chamber of Commerce are 501 (c) (6)’s,  they can lobby to their heart’s content and allow donors to receive “business deductions”.  The donors can EXPECT some return on their investment according to Bill Bassett, and receive special favors  from the City and County.

Our Mayor likes to say “Politics just happens to most people.”  Maybe he’s correct, but between the back door, and behind the scenes  dealings that go on every day how is a citizen supposed to have a chance?

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13 Jan 2013
1 Comment

Getting D.A. Fladager Up Off Her Chair to do Her Job

Scale of justice

By Emerson Drake

On Tuesday Jan. 8, 2013, I appeared before the Stanislaus County Board of Supervisors in the morning and the Modesto City Council at night and each time I talked about the animal abuse happening in Modesto. I recited District Attorney Birgit Fladager’s  office number (525-5550 ) and requested for people to call and ask for her to get up off of her chair and do her job. These weren’t the first times nor will they be the last.  I’ll keep appearing until she does something towards defending the pets/animals and families  in Stanislaus County.

This originated when several women appeared in front of both of the official bodies, City and County , to plead their case and ask  for justice. Phillip Sumner and Jeff Reed have been baiting, capturing and disposing of people’s pet cats for years.  Sumner actually claims to have been doing this for more than ten years.  These women have filed complaints and have a case number, 12-32208, which has been presented to the District Attorney by the Modesto Police Department whose hands are tied until the D.A. decides to prosecute.  There is an existing California state law, 597-S which D.A.’s around the state have been using successfully.  Our D.A,. Ms. Birgit Fladager, doesn’t feel it’s adequate and says the District Attorney’s office has more important things to do and just doesn’t have the time.

I first wrote about this story in November after being at the City Council meeting on Oct. 23,2012, when several women came and spoke.  I still find it hard to believe Ms. Fladager, who claims to be a cat fancier, is ignoring these families’ pain.  Luring, trapping, and disposing of a neighbors family pet is despicable.  And when you consider it was done by a neighbor to a  four-year-old autistic boy’s pet it becomes even worse.

Obviously some Customer Service Skills are Lacking

When I called and requested the D.A. take action I was met with a hostile attitude by the person that answered the phone.  The woman seemed more interested in deterring any request for action by asking many questions designed to dishearten callers. She actually suggested people who weren’t principals in the case had no business in calling.  I take  exception to that.  D.A. Birgit Fladager’s representatives had been very explicit in saying “Go away and don’t bother us any more: and it’s time for them to be informed that wasn’t going to happen.

Finally, on Friday afternoon at 4:45  former Modesto Police Captain and now Chief D.A. Investigator Dan Interbitzen called wanting to talk and left a voicemail.  I returned his call about twenty minutes later but his weekend had already started. I left a message and will try again on Monday.  I’ll be happy to talk with him. I’ll even give him the number of the case file he already has in a file cabinet.  We’ll do anything we can to assist D.A. Birgit Fladager and Chief  Investigator Dan Interbitzen in acquiring some motivation to proceed with charges in the case.

It’s nice to see Modesto is progressing with an ordinance of its own while at the same time hoping to get all of the cities in Stanislaus County to do the same through the Joint Powers Authority(animal services).  Unfortunately the Safety and Communities Committee won’t be able to hear the ordinance until February as Councilman Lopez isn’t fond of committee meetings lasting more than an hour despite the fact that prior to last week they met only two times in the last six months.

Please feel free to call Ms. Fladager’s office at 209-525-5550 and request she get up off of her chair and help stop animal abuse in Stanislaus County.  When they ask you can tell them the case, # 12-32208 and you that have a friend who told you about the four-year-old autistic boy and the rest of the families who have lost beloved pets to these men.

And a big heart-felt thank you to those who have already called from all the families involved and a special thank you from the little boy who continues to leave his bedroom window open so his friend can come back to be with him.

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24 Dec 2012
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Follow-up to the JPA Animal Abuse Meeting

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

By Emerson Drake

Technically it was the conversation that wasn’t.  Modesto’s representative, MPD’s Captain Harris, didn’t understand that for something to be discussed it had to be on the agenda of the Joint Powers Authority (JPA) since it falls  under the Brown Act.  A lamentable occurence since it would have pushed this to the forefront county-wide.  As long as Stanislaus County District Attorney Birgit Fladager, who claims to be an animal lover through intermediaries, is in office animal abuse will NOT be punished within the County borders. This  makes it imperative for the cities concerned about animal abuse to develop an ordinance of their own.  The potential ordinance was passed out to all of the JPA members, one of whom provided me a copy. 

Modesto City Attorney Susanna Acala Wood is still refining the verbiage but since Modesto’s Safety and Communities Committee’s agenda is full it won’t be heard until sometime in February, so there isn’t a rush.  Since this committee’s meetings have been cancelled four times out of the last six it’s no surprise the agenda is full.

Some of the families including those of Hallie Sue Robinson and Heather Sisk are disappointed that the proposed ordinance won’t provide any remedy for the past.  But they do understand that if these men and any others abuse animals in the future, including cats, they will be punished. 

For those who would like to let District Attorney Birgit Fladager know how they feel about her foot-dragging, here is her office number (525-5550 ).  Please don’t hesitate to call since she likes to hear from the public how you feel about the job she’s doing for you.

We’re going to help by keeping this topic front and center to assist in helping it pass, there are also several vocal supporters in the City Council including Councilmen Joe Muratore, Dave Geer and John Gunderson, along with City Attorney Susana Acala Wood. To get a more complete background on this story we have an article from November 30,  “Modesto’s Cat Killer Phillip Sumner.”

We’ll discuss the rest of the JPA meeting in another article.  Once again there are things both good and bad happening out at the Animal Services Building you need to know but haven’t heard of.

Here is the proposed ordinance without the tweaks”

ORDINANCE NO. __________-C.S.

 

AN ORDINANCE ADDING SECTIONS 5-4.405 TO ARTICLE 4 OF CHAPTER 4 TITLE 5 OF THE MODESTO MUNICIPAL CODE RELATING TO DISPOSITION OF STRAY ANIMALS

 

The Council of the City of Modesto does ordain as follows:

 

 

SECTION 1.   AMENDMENT OF CODE.  Section 5-4.405 is hereby added to Article 4 of Chapter 4 of Title 5 of the Modesto Municipal Code to read as follows:

 

5-4.405    DISPOSITION OF STRAY ANIMALS

 

(a)                It shall be unlawful and a misdemeanor offense for any person who contains any stray animal (including cats) found at large or on their property to abandon the animal.

 

 

(b)               Within eight (8) hours after containing any such animal, the person doing so shall do one of the following:

 

(1)               Return the animal to the owner if the owner is known.

 

 

(2)               Report to City of Modesto Animal Control officials the fact that such animal is contained, a description of the animal and license number of such animal if any; or

 

 

(3)               Transport the animal to the Stanislaus Animal Services Agency facility and provide the date, time and location of when and where the animal was located when surrendering the animal to facility staff.

 

 

(c)                Animal Control Officers shall pick up and dispose of such animal in the same manner as though such animal had been found at large and impounded.

 

 

(d)               This section shall not be interpreted to apply to a person or organization registered with the Animal Services Agency as a caretaker for feral cats when that person is caring for feral cats.

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