Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “Tim O’Laughlin”

02 Jul 2012
4 Comments

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.

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20 Jun 2012

More Water Sale Information You Need to Know

By Reed Smith

Right now, MID has overcommitted it water resource by 71,804 acre feet, with no drought and no sale to SF.  With the sale to SF, that increases to 99,044 AF (and still no drought) of water MID does not posses.
 
This irrigation season, MID farmers are getting their full 42 acre inches of surface water deliveries.  Based upon rainfall, MID should have drasticaly cut water deliveries like Turlock Irrigation District did by cutting 50%. They politically could not document the drought with delivery reductions.  The MID Board, motivated by unknown incentives, is going to sell ALL of our water to SF.  I say ALL based upon the fact they are already breaching a written signed contract with the City of Modesto.  If this Board is willing to breach a written contract with their primary customers, and voters who elected them, they will do anything.
 
 
The MID proposed contract gives SF first right of refusal for all future sales.  Let’s connect the dots.  MID sells water they do not have, directly taking it from a populace that has a written contract, in order to provide it to the SFPUC and the Cargill development.  How is Modesto to protect any of it’s water with Nick Blom, Jr., Glen Wild, Paul Warda, and Tom Van Groningen sitting as Directors?  We can’t.
 
The City Council has the most direct power to stop this sale by enforcing, by litigation, the written contract it has with MID:  Appendix E: Water Treatment and Delivery Agreement.   This document is enforceable, and will prevent the sale.  THE PROBLEM:  Rubin Villalobos along with a handful or others are trying desperately to “flip” the 7 to zero City Council vote to sue MID to a 4 to 3 against suing MID.  Villalobos’s letter of May 4, says explicitly his purpose:  to stop the vote to sue MID.  Why would he do that?  He is being paid to do that, claiming he represents MCS, when MCS’s write he does not, all the while he is representing another paying client.  Villalobos profits from claiming to represent MCS, to the detriment of MCS.  We do not know the name of the real client.
 
Let me run through the math:  It takes 42 acre inches to grow an almond crop EVERY YEAR.  A farmer cannot skip an irrigation year because he did not get water.  The tree dies.
 
If MID sells to 27,240 AF of our water to SF, the resulting –99,044 AF from the over-obligation table can only come from one place, agriculture.  Ag gets, on average, 191,000 AF.  Subtract 99,044 AF from that and you have a 54.7% acreage loss to ag.  That means that permanent-crop farmers will have to fallow 54.7% of 58,000 acres, or saying it another way, turn 31,726 acres into desert, right in our midst.  Each acre, if growing almonds, the farmer generates $5,700 worth of almonds at the farm gate [3,000 lb. almond yield (non-pereil + pollinator) x $1.90/lb = $5,700 /Acre].  That money is, in turn, circulated throughout the Modesto community seven (7) times, as per Cecil Russell, Modesto Chamber of Commerce Exec Dir.  So, we take a loss of 31,726 acres x $5,700 farm gate value per acre x 7 times economic multiplication factor = $1,265,967,400 ANNUAL LOSS to MODESTO.
 
Stanislaus County will be an economic desert by 2018.  We have approximately 20% unemployment in our county now.  WHAT WILL IT BE LIKE LOSING $1.26 Billion from our Stanislaus economy?  AND, WHAT WILL CRIME BE?
 
MID does not have any water to sell.  The sale is fraud and grand theft.
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31 May 2012

Are you Concerned about the Proposed MID Water Sale?

Here is some interesting information from Reed Smith.

Attached please find a transcription of the Thursday, May 18 SFPUC’s Deputy General Manager and Chief Operating Officer, Michael Carlin’s, presentation on behalf of SFPUC GM, Ed Harrington, to the Bay Area Water Delivery and Conservation Agency Board of Directors meeting.  The section includes both Mr. Carlin’s presentation, and the questions and answers directly following and pertaining to his presentation. 
 
I think you will find the area bounded by a RED BOX on page 17 interesting.
 
Without prognosticating the inference of the key statement.  One might suspect that MID Director Wild’s assertion this past MID Board meeting on May 22, 2012 that his support for the 2,240 AF sale to the SFPUC is solely to make money for infrastructure ( a concept publicly not shared by GM Allen Short ) is probably out the window.  It appears that MID will be spending all of it’s income from this “drop in the bucket” (as characterized by Mayor Marsh) on litigation costs.  Net result: no income benefit to MID from the sale.
 
So, let’s see what the next excuse in favor of the sale from Director Wild is.  I can hardly wait . . .
 
 
 
 
 
From: Aaron Porter
Date: Tue, 29 May 2012 08:09:58 -0700
To: Reed Smith
Cc: “Allison C. Schutte”
Subject: RE: BAWSCA May 17, 2012 meeting?
 

Hi Mr. Smith,

 

Attached is the requested section of the transcription of the May 17, 2012 BAWSCA Board of Directors meeting.  The section includes both Mr. Carlin’s presentation, and the questions and answers directly following and pertaining to his presentation.  I hope this adequately meets your request, and if you have any further questions or requests, please let me know.

 

Regards,

Aaron Porter

BAWSCA

PagesfromBAWSCA-MAY2012-BoardofDirectorsMeeting

 

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17 May 2012
2 Comments

MID is Back to its Old Tricks Obfuscating the TRUTH

By Emerson Drake

MID attorney Tim O’Laughlin manages to drum up business for himself while building walls between MID at its ratepaying owners also known as the public. The following is a copy of, what has become a typical response from O’laughlin to a Public Information Request made by Reed Smith.

Linda Fischer, Paralegal

Modesto Irrigation District
Legal Department
(209) 526-7388

 

I am in receipt of your e-mail dated May 11, 2012 relative the attached response from MID General Counsel Tim O’Laughlin.

 

Mr. O’Laughlin’s letter dated May 11, 2012, does not comply with the District’s obligations under the Public Records Act.  Specifically, the requested records must be produced within ten days.  The District “head” has not provided notice that “unusual circumstances” exist which would result in an extension of the deadline by fourteen days.  Govt. Code 6253(c).

 

I am writing to confirm my understanding of your statements to me when I came into MID yesterday afternoon, May 14, 2012, at 2:30 PM regarding availability of the documents I requested to INSPECT.  General Counsel, Tim O’Laughlin, has by the attached letter, refused to produce any of the documents to date.

 

To restate what I heard you say yesterday afternoon:

 

1)         There are 13 file volumes involved within my request.  [ You did not mention digital files and maps  that have been requested ]

 

2)         When I met with you on April 30, 2012 regarding a very similar PRR, you informed me that AGM Walt Ward was responsible for accumulating the files, and that I conclude from your narrative that the records have been aggregated in a single location at 1231 11th Street, Modesto, CA 95354.

 

3)         GC Tim O’Laughlin says the documents must be reviewed to identify CONFIDENTIAL material within the 13 volumes, prior to release for IMMEDIATE INSPECTION.  To date, the District has not informed me that any of the requested documents are subject to “exemption” from disclosure.  Such a determination was required within ten days from the date of my request.  Govt. Code 6253(c).

 

4)         GC Tim O’Laughlin, has created a scenario where he claims he is the only person that can review the documents to remove CONFIDENTIAL material within the 13 volumes, prior to release for INSPECTION. 

 

5)         There is no definition of CONFIDENTIAL within the PRA.  The PRA requires the District to respond to my request within ten days, May 20, 2012, with either the records or a determination that an “exemption” in the PRA applies to specific records.  

 

6)         You stated that GC O’Laughlin is only in Modesto three (3) days PER MONTH.  This is not an “unusual circumstance” as defined in Govt. Code 6253. 

 

7)         You offered no time estimate for MID’s production of the documents. 

 

I responded to you yesterday that, based upon my understanding of the California Public Records Act intent, this lack of a time-line for production is unacceptable and fails to comply with the PRA.

 

Please let me know if I have misunderstood your communication of yesterday.

 

Self-appointed MID Board President, Tom Van Groningen, promised on January 10, 2012, to conduct business in an open and transparent manner.

 

I now request that the documents be made available by Monday, May 21, at 9 AM, or I intend to seek legal relief to insure that MID complies with the Act.  As a public entity, MID has a fiduciary duty to comply with California law.


Sincerely,

 

Reed Smith

 

From: Linda Fischer <lindaf@mid.org>
Date: Fri, 11 May 2012 16:06:38 -0700
To: Reed Smith <reedsmith@charter.net>
Cc: Tim O’Laughlin towater@olaughlinparis.com>, Allen Short <ALLENS@MID.ORG>, Linda Fischer <lindaf@mid.org>, Angela Cartisano AngelaC@mid.org>, Pat Caldwell-Mills <PATC@MID.ORG>, Colleen Rangel <COLLEENR@MID.ORG>, Walt Ward <WalterW@MID.ORG>
Subject: FW: Message from legal – Written Response to Reed Smith re: inspection on May 14, 2012
 
 Dear Mr. Smith,
 
Attached please find Modesto Irrigation District’s written response to your Public Records Act Request of May 10, 2012 regarding the inspection of the annexation files/documents.  Thank you.
 
Linda Fischer, Paralegal
Modesto Irrigation District
Legal Department
(209) 526-7388
 
From: legal-copier1@mid.local [mailto:legal-copier1@mid.local]
Sent: Friday, May 11, 2012 4:07 PM
To: Linda Fischer
Subject: Message from legal – Written Response to Reed Smith re: inspection on May 14, 2012
 
 
Now you find the pdf sent from MID’s overpaid attorney Tim O’Laughlin.
 
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23 Apr 2012

MID Pays Tim O’Laughlin $1.5 Million in the Last Two Years

By Emerson Drake

Talk about attorney’s fees…

So you wonder where your money went?  You wonder why the rates keep going ever skyward?  Thank Tom Van Groningen, Allen Short, Paul Warda, and Glen Wild for paying O’Laughlin over $100,000 for February alone. 

Where did his big jump in pay come from you ask? From accompanying Allen Short around trying to convince gullible citizens that selling our water makes sense.

To use O’Laughlin’s favorite phrase from a recent council meeting where he was faking surprise, “I’m Shocked, just Shocked!”

Do you wonder why the Modesto Chamber of Commerce fell in behind the water sale so quickly without truly giving those against the sale an equal hearing?

It’s all about money!

It’s called the Presidents Club Circle of Influence..

View of 10th street of Modesto.

View of 10th street of Modesto. (Photo credit: Wikipedia)

GOLD LEVEL. (check out Progress News pg. 9  next to the Lovelady’s ad) http://www.modchamber.org/news/default.asp

How did they get there? 

MONEY..the $1,000.00 ad they bought was a good start. But MID, using ratepayers money, is the gift that keeps on giving.

Want to buy influence in Modesto?  Just use a couple of Million dollars worth of electric and water ratepayers money to pay a  lawyer that keeps changing what he laughingly calls facts, buy a few ads, and you’re home free.

Some of you may believe the three obstinate minds,  Tom VanGroningen,  Paul Warda, and Glen Wild, can be made to see reason.  But as sad as it makes me to say it,

You’re wrong.

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