Bee Editorial Says Farmworkers don’t Deserve Overtime Compares them to Managerial and Professional Positions

You have to wonder if any thinking goes on in the Bee editorial department when they decide to write things like this. Farmworker OT bill not necessary While this bill supposedly levels the playing field with other hourly wage earners, there are millions of Californians working longer than eight hours a day. They are in professional, management and creative jobs, or in outside sales. These types of jobs are exempt from the state’s overtime laws. Many employees covered by collective bargaining contracts also work longer days. While harvesting crops can be hot work, many of the harshest conditions have been improved — through state regulations. We’ve supported most of those new regulations. But we don’t support SB 1121 because:

This is a follow up to the quest for City Council emails

Not everyone agrees with the interpretation given by the Modesto City Attorney. From www.thefirstamendmentcenter.org a discouraging excerpt: California Local government agencies routinely disregard the state's Public Records Act, rejecting outright — or stonewalling — requests for indisputably public information more than 75% of the time. Citizens seeking key records are forced either to abandon their pursuit of the records or to take the costly step of hiring a lawyer to sue the agencies to compel disclosure. In a recent survey, sheriffs' departments were the worst offender, denying requests for clearly public records 80% of the time. This rejection rate compared to 64% for police departments. Cities performed only slightly better, denying 60% of the requests for public documents, while school districts denied access almost 33% of the time. This public records "audit," designed to assess local government compliance with the California Public Records Act (CPRA), was undertaken by the California First Amendment Coalition (CFAC) and the Society of Professional Journalists (SPJ) and was supported by volunteer students of the journalism departments from five California universities. Under the supervision of their journalism professors, several dozen university students asked more than 130 local government agencies in the San Francisco Bay Area and the counties of Los Angeles, Orange and San Bernardino for information whose release to the public is clearly mandated by state law. The records sought were those that track responses by police to citizens' distress calls, why school boards expel students, how cities pursue health and safety violations by slumlords, and why people die in prisons, jails or simply under arrest. ********************************************************************************************************************** More from the same site: Brown ActGovt. Code §§ 54950-54960.5 THE BASICSMeetings of public bodies must be “open andpublic,“ actions may not be secret, and actiontaken in violation of open meetings laws may bevoided. (§§ 54953(a), 54953(c), 54960.1(d)) WHO’S COVERED• Local agencies, including counties, cities,school and special districts. (§ 54951) • “Legislative bodies” of each agency, theagency’s governing body, plus “coveredboards,” that is, any board, commission,committee, task force or other advisory bodycreated by the agency, whether permanent ortemporary. (§ 54952(b)) • Any standing committee of a coveredboard, regardless of number of members. (§54952(b)) •Governing bodies of non-profit corporationsformed by a public agency or whichincludes a member of a covered board andreceives public money from that board. (§54952(c)) WHO’S NOT COVERED • Ad hoc advisory committees consisting ofless than a quorum of the covered board(§54952(b)) • Most other non-profit corporations • All other government agencies. State governmentalagencies are covered by the Bagley-Keene Open Meeting Act. (Govt. Code §§11120-11132) WHAT’S COVERED A “meeting” is any gathering of a majority of themembers of a covered board to hear, discuss, ordeliberate on matters within the agency’s orboard’s jurisdiction. (§54952.2(a))Note: No vote or action is required for the gatheringto be a meeting, nor must the members meetface to face. (§ 54952.2) WHAT MUST HAPPENUnder the Brown Act an agency must:• post notice and an agenda for any regularmeeting, (§§ 54954(a), 54954.2(a)); mail notice at least three days before regular meetingsto those who request it, (§ 54954.1);post notice of continued meetings,(§54955.1); deliver notice of special meetingsat least one day in advance to those who request it, (§ 54956); and deliver notice ofemergency meetings at least one hour in advanceto those who request it. (§§54956,54956.5) • notify the media of special or emergency meetings if requested, (§§ 54956, 54956.5);allow media to remain in meetings cleareddue to public disturbance. (§54957.9)• hold meetings in the jurisdiction of theagency except in limited circumstances, (§§54954(b)-(e)), and in places accessible to all,with no fee. (§ 54961(a))• not require a “sign in” for anyone. (§54953.3)• allow non-disruptive recording and broadcastof meetings, (§54953.5(a)), and let thepublic inspect any recording made by theagency of its open meetings. (§54953.5(b))The agency may destroy recordings it madeafter 30 days. (§54954.3(b))• allow the public to address the coveredboard at regular or committee meetings onany item in the agency’s jurisdiction not addressedby the agency at an open earliermeeting. (§54954.3(a))• conduct only public votes, with no secretballots. (§54953(c))• treat documents as public “without delay,”if distributed to all or a majority of membersof a board before or at the meeting, unlessthey are also exempt under the Public RecordsAct. (§54957.5 Local Rules Many local jurisdictions, including San Francisco,Contra Costa County, and Oakland,have adopted local “Sunshine” ordinancesthat grant greater access and openness.Check for local rules.Other jurisdictions often have rules that violatethe agencies listed on this brochure. WHAT IF. . . • a council member is on a board of a nonprofit corporation—is the board covered?• YES, if the council both appointed himor her to the board, and funds the corporation.(§54952(b),(c)(1))• an agency delegates authority to anotherentity—is the entity covered?• YES, if it was created by the agency’s elected body. (§§ 54952(b),(c)(1))• a council committee meeting has less thana quorum—is it required to meet openly?• YES, if it is a standing committee andhas either a set meeting schedule or acontinuing subject matter jurisdiction. (§54952(b))• members use individual contacts to collectivelydecide an issue—is that a violation?• YES, information communicated to aquorum through a series of contacts, individualphone calls (“daisy chain”), or athird person (“spoke and wheel”) to evadethe public is a “meeting” (§ 54952.2(b); 63Ops.Atty.Gen. 820 (1980); StocktonNewspapers v. Stockton RedevelopmentAgy., 171 Cal.App.3d 95 (1985); CommonCause v. Stirling, 147 Cal.App.3d 518(1983).• agency members attend a conference called by someone else—is this covered?• NO, so long as they do not discussspecific business matters within their jurisdiction(§ 54952.2(c))• a meeting is held by video/teleconference.• YES, if the public’s rights are protected.(§54953(b)) • Every video/teleconference locationmust be accessible to the public, and atleast a quorum of the members must participatefrom locations within the body’s jurisdiction.(§ 54953(b)) *************************************************************************************************************************************************************************************** Found @http://webcache.googleusercontent.com/search?q=cache:0GXy5X-q4R0J:www.consrv.ca.gov/dlrp/RCD/Documents/brown_act_web.ppt+brown+act+email&cd=4&hl=en&ct=clnk&gl=us : §5492.2(b): Except as authorized pursuant to §54953, any use of direct communication, personal intermediaries, or technological devices that is employed by a majority of the members of the legislative body to develop a collective concurrence as to action to be taken on an item by the members of the legislative body is prohibited The attorney general has issued an opinion stating that this section of the act applies to email. The Attorney General’s opinion regarding e-mail In 2001 the CA Attorney General issued an opinion regarding the use of email. (Opinion #00-906, 2001) The opinion concluded: A majority of the board members of a local public agency may not e-mail each other to develop a collective concurrence as to action to be taken by the board without violating the Ralph M. BrownAct. Even if the emails are made public they would still be a violation of the Act because the board would be depriving the pubic of the deliberative process. The opinion also states, “The term ‘deliberation’ has been broadly construed to connote ‘not only collective discussion, but the collective acquisition and exchange of facts preliminary to the ultimate decision.’ [Citation.]” (Rowen v. Santa Clara Unified School Dist. (1981) 121 Cal.App.3d 231, 234; see Roberts v. City of Palmdale, supra, 5 Cal.4th at p. 376.) You can find the opinion at: http://ag.ca.gov/opinions/published/00-906.pdf

Modesto City Council Wants to give “Last Look” to Local Companies

“Other cities do it so why don’t we” is the cry. Well this is how this alleged good idea goes awry. If you’re an out of town company who regulary bids on contracts and you spend the money and time to make competitive bids and you find out that local insider are allowed to look at your bids after it is said and done, and allowed to overbid you and still get the contract you are forced to stop bidding on that cities contracts. As soon as you stop bidding the locals start raising thei “bid prices” and it costs the local ciyizens more for less. And who usually geys the last insider look? Companies who have made campaign contributions. So unless Modesto is ready to go down the $500.00 dollars for a toilet seat road, we better nip this in the bud. Emerson Drake

MID has been Misleading the Public About the Bio-mass Project

ONE OF SEVERAL REASONS THE STANISLAUS TAXPAYERS ASSOCIATION STRONGLY OPPOSES THE PROPOSED MID / VALLEY BIOENERGY LLC BIOMASS PLANT The most basic reason to oppose the proposed joint MID/VBE biomass plant is that it will be a huge source of air pollution in the City of Modesto, and Stanislaus County. It will victimize you and your families. The specific technical problem is as follows: The MID, in conjunction with a private sector supplier of electricity (VBE) has proposed to construct and operate a large (30 Megawatt), wood burning power plant in the Beard Tract. It would be just south of Yosemite Blvd. and west of Mariposa Rd, totally within the San Joaquin Valley Air Basin. The SJVAB is classified as being in a condition of “extreme” non-attainment for ozone (O3). Ozone is a violent irritant and is responsible for lung disease, eye irritation, sore throats, the destruction of belts and hoses in your cars and trucks, and other severe destructive processes. A major emission from high temperature combustion is oxides of nitrogen (NOx). NOx is a precursor of O3. The proposed biomass plant will burn fuel at very high temperatures. The MID/VBE proponent claims that they will reduce the emission of NOx to a level that is one-twelfth (1/12) that of any existing power plant. That is, they would have us believe that their power plant will perform 12 times better than other plants that are employing the best currently available control equipment and techniques. That claim is not technically feasible, and hence is not credible. The proponent knows that their claim is a false claim! VBE’s key document, the Draft Authority to Construct, includes a provision that allows them, after a year of operation, to obtain a new Operating Permit at whatever noncompliant emission level has prevailed during that year. That provision amounts to a pre-approved pardon for a crime that they will knowingly commit; it is a pre-purchased indulgence. The technique that will be employed to control NOx involves the injection of large amounts of ammonia into the exhaust gases. This will start a chemical reaction that changes the NOx into nitrogen and oxygen. However, the technique requires that substantial excess ammonia be injected. That excess ammonia will be emitted in the exhaust gases, in addition to whatever pollutants escape the chemical reaction. In winter months, this soup of pollution will be carried by the prevailing winds into the city of Modesto. The First victims in line will be the La Loma neighborhood. While the odor of the tallow plant was obnoxious, it posed little danger to us. But ammonia is a dangerous respiratory irritant, as well as being unpleasant to smell. By understating the emission level, the proponents are acting to evade the requirement to conduct a full Environmental Impact Report (EIR). An EIR would show that the emissions and the location would result in a significant environmental impact, as well as posing a hazard to the health and safety of the people of Modesto. Please oppose this power plant at the MID board meeting on August 10, 2010, at 9AM. If the MID Board of Directors allows this plant to be built, our only resort would be an expensive and lengthily legal battle. Dave Thomas, President, Stanislaus Taxpayers Association 577-4373 Eric Reimer, Treasurer, Stanislaus Taxpayers Association 522-4498

Comments to Dave Geer Regarding Lowering of Building Fees

This is a coment from Dave Thomas to Dave Geer regarding the Raising of building fees and a quote attributed to Mr. Geer in the McClatchy Yellow Pages locally known as the Bee. Dave, I hope you take my comments as a friend of many years. My free advice is that you divorce yourself from the bureaucrats in the city government. Modesto is so totally mismanaged that it is a laughing stock. When you vote with the city manager, you invite the comment from our recently deceased friend, John Michael Flint, “The city council is just a display of sock puppets.” Note, that is not my comment, but a discrete and credible assessment from a highly respected published journalist, John Michael Flint. Let me give you some free advice. The following is a direct quote attributed to you from today’s Modesto BEE’s story regarding reduced fees for city CFF’s. “I am a fiscal conservative and believe taxes are too high, and that includes fees. I am comfortable with a six-month suspension (of developer fees). If it doesn’t show an increase in business activity, then it would make sense to go back to the normal fees.” Dave, that is the reasoning of an idiot, so I reject the possibility that you said that. After all, one who truly believes that reducing fees and taxes stimulates the economy, would never suggest that raising those fees and taxes would work better. So, I am confident that the attribution is incorrect. Would you confirm that for me? You campaigned on the concept of representing your District. Reducing fees to developers will only delay needed construction and up-grading of infrastructure in your District. I am sure that you do not want to give developers in the north and east part of Modesto a gift of lower fees. To do so would betray your constituents. Please tell me that you do not support favoring developers over the needs of the residents of your District. Thank you so much, Dave

The Modesto City Council and Reduced Developer Fees

From my perspective, I have to ask this council, “How can any taxpayer have any faith in your decisions regarding developer’s fees?” Bad decisions made in the past are the reasons we have deteriorating streets, why we have lost over 100 police and fire positions, and why home owners are being brutalized by Mello Roos fees. Both the city and the school systems have grossly mismanaged developer fees and bond issues. I have great empathy with the local development community. Many of my best friends are developers. We all want better roads, better safety and better schools. We are all being cheated by the decisions our city council and school boards have made over the last 25 years. It looks to us that our elected “leaders” are really easy to snooker….. It is time to stop experimenting, and time to stop the sophomoric comments. Get the job done on a reasonable basis. That means real world pricing and real world projections. Stop waltzing through a dreamland of incorrect assumptions. Hold your bureaucrat’s feet to the fire and make them answer questions. Do your own research, know the facts, stop simply occupying a chair and voting the way you are told. If you, the council, continue to take the bureaucrat’s story at face value, you simply have not learned from the past. In that case, it would be good for you to go. Dave

The Modesto City Council and Reduced Developer Fees

From my perspective, I have to ask this council, “How can any taxpayer have any faith in your decisions regarding developer’s fees?” Bad decisions made in the past are the reasons we have deteriorating streets, why we have lost over 100 police and fire positions, and why home owners are being brutalized by Mello Roos fees. Both the city and the school systems have grossly mismanaged developer fees and bond issues. I have great empathy with the local development community. Many of my best friends are developers. We all want better roads, better safety and better schools. We are all being cheated by the decisions our city council and school boards have made over the last 25 years. It looks to us that our elected “leaders” are really easy to snooker….. It is time to stop experimenting, and time to stop the sophomoric comments. Get the job done on a reasonable basis. That means real world pricing and real world projections. Stop waltzing through a dreamland of incorrect assumptions. Hold your bureaucrat’s feet to the fire and make them answer questions. Do your own research, know the facts, stop simply occupying a chair and voting the way you are told. If you, the council, continue to take the bureaucrat’s story at face value, you simply have not learned from the past. In that case, it would be good for you to go. Dave

Electric rates Might Triple..Don't Buy the Bee's Bull

Good morning my friends. Two members of the Stanislaus Taxpayers Association (STA) and some very engaged members of the public met in an ad hoc meeting on Thursday morning. While we discussed several taxpayer’s issues, the MID became the primary subject. A very brief summary of our discussion was that the MID is on a road that will destroy home ownership and paralyze business. After looking at the facts, this citizen’s group came to the realization that the MID has embarked on a course of action that will increase your cost of electricity by a factor of at least 200%. That means, if your highest monthly summer MID electricity bill is now $250, it will soon be $500. But, there is a possibility that it will be $750!! MID has published the fact that it has decided to “invest” in “green” energy in an “aggressive” way. They said that in 2010, MID (this means you) will spend $4,000,000 on green energy. But in 2014, MID (this means you) will spend $43,000,000, a factor of TEN TIMES today’s cost. What do you think is going to happen to your electricity costs THREE YEARS from now??? MID has already committed to a joint venture with a start-up solar power company to build a huge solar farm on north McHenry Ave. Solar is THE most expensive way to generate power, it is THE LEAST reliable way to generate power, and it is THE least efficient method of generating power. In spite of the facts, MID has agreed to a 25 YEAR GUARANTEE with this company. The agreement includes a rate SURCHARGE that is higher than MID’s current cost of generating power. YOU WILL PAY THIS SURCHARGE. Did you agree with this incredible deal? MID is now proposing a joint deal to build a BioMass burner to generate electricity right in the middle of Modesto. MID and the BioMass company agree that this plant will be a gross polluter, right in the middle of Modesto. They also agree that the electricity created by this plant will be VERY EXPENSIVE. So, did you agree to put a gross polluter, which will poison your air, next to your home? Do you want to protest this gross affront to our communal sensibilities? Do you want to be victimized by increases in your electricity costs by 200%, or 300% or even 400%?? If not, let the MID know. Call them, e-mail them, write them, and visit them. Tell them that this “aggressive pursuit of green energy” is a diabolical assault on your health and your wallet. Thank you very much, Dave

Dr. Laura and Her Latest Rant: One Man’s Opinion

Dr Laura For the last couple of days I’ve been waiting for someone to write something about Dr. Laura and her use of what we call the “N” word. I’ve been waiting because I would like to see some dialog and discussion about it both pros and cons, and I know if I write it there will be very little comment about it. Let’s face it she used it 11 times while talking to a black woman. Then after the conversation was over she continued to rant about it. Why didn’t she tell this woman to make her husband tell his friend to shut up with the racist comments? I have heard her tell white women that about comments their friends make, so why not in this case? I remember watching Monday Night Football when Howard Cossell said something like “Look at that monkey run.” And guess what, he lost his job. There was no apology good enough to save that man’s job. I also remember the big deal made about what Don Imus said, which also cost him his job. And there have been others that have stepped over the line, but it’s hard for me to recall one person that has gone as far as Dr. Laura. Will they take her off the air? Or will it be overlooked as so many on the right are over looked. Glen Beck has called Obama a racist, but I have yet to hear Obama use a racist slur or make a racist remark, and it would seem to me if he was a racist then he would have an all black cabinet. I see signs where this man is call a Nazi, a racist and a socialist, where they have him made up in “White face” and the list goes on and on, yet there is no evidence that this man is anything but a man that was elected to the highest office in the land at a time when there were more problems to be dealt with than any other president has ever had to face. He has every Republican doing everything they can think of to destroy his Presidency, the vote against everything he proposes, en mass. And nothing is done about it for the most part the media is silent about how obstructive the Republican are and how that obstructionism is harming this nation. So I tend to think the the Right wing is getting a free ride just as Reagan got a free ride. Charlie Lockett Here’s a link to the rant http://mediamatters.org/mmtv/201008120037

We're in terrible shape: Divided, broke

As I reach the twilight of my life, I am witnessing the worst economic disaster in my memory. Yet, instead of this nation coming together and changing the conservative economic policies of the past 30 years that brought us to this point, what I see is a nation divided as never before. We have a Senate that is completely inoperable due to the block votes of "no" regardless of what the bill is about. We have a national debt that has risen from less than a trillion dollars in 1980 to $3 trillion at the end of Reagan's presidency, and $11 trillion at the end of President Bush II. I watch as Social Security is being attacked instead of being fixed. For 30 years, the money going into it has been taken and an IOU has been left, just as has been done with pensions, instead of putting the money into the account where it is being spent. (Rick Nease / The Detroit Free Press) - Color illustration hands illegally double-dipping into the U.S. Social Security fund. We need to eliminate the cap on who pays into that account, which is now around $90,000. There should be no cap, since there's no limit on who can draw it. It's hard for me to believe we are all so ignorant. CHARLIE LOCKETT Modesto Reproduced by the Author's permission

THE WRONGFUL DEATH OF RITA ELIAS

By Gaetana Drake I was at 5th and H Street today, during the car wash fund-raiser for the family of Rita Elias. Rita is the young woman killed by an off-duty Stanislaus County Sheriff’s Detective last week. I talked to several people at the fund-raiser and have heard information that conflicts with what has been reported in the Modesto Bee. The Bee has reported that Detective Kari Abby was at the home of Ms. Elias on personal business. The house Ms. Elias lived in was owned by the Abby family. There has been speculation that Detective Abby was there to evict Ms. Elias. First of all, it is inappropriate for a detective to involve themselves in the personal business of family members. Evictions are carried out by deputies, but they are on-duty and would not be involved in evictions that involve their own family members. I was also told that no eviction paperwork has been filed at the courthouse and the two men that shared the home with Rita were told there was no rent due. A friend of Rita’s who lives four blocks away, told me that she heard gunshots at 6:00 p.m., not 6:30 as reported in the Bee. She was adamant about this, ”the shots were definitely at 6:00 PM”. She also said the first shot was “in the air” about the height of someone standing up. Then there were a few seconds before the next shots. The rest of the shots sounded “low” as if someone were leaning over to the ground. If the first shot put her on the ground, why was it necessary to lean over her and empty a gun into her body. She wasn’t going anywhere after that first shot to the face. Also, I was told that a man who lives near Rita stepped outside just a few seconds before the first shot. He said that it was a man who shot Rita, not a woman. He saw the entire shooting episode. A man shot Rita, left the scene, then 15 minutes later, Sheriff Deputy Kari Abby came on the scene with two other men. Why is Detective Abby taking the fall for the man who shot Rita? Why is the Sheriff’s Office participating in yet another cover-up? Additionally, as if it wasn’t enough that their family member was murdered, the Sheriff’s Office has refused to let Rita’s family view her body. She has not been identified by any member of her family. Does that seem cruel to anybody else? I spoke with Luis Elias, Rita’s father. While fighting back tears, he told me they have not let him see his daughter yet. While the investigation is on-going, and the family is trying to raise money for a funeral, right now this grieving father simply wants to see his daughter. If I were in his shoes, I would not believe it was my family member who was killed until I could actually see them. What possible negative affect can come about as a result of her family identifying her? It won’t affect the outcome of the autopsy. It won’t affect any information gathered from witnesses. The Coroner’s Office says it doesn’t have room for an entire family to view a body. However, there is not reason they can’t let Mr. Elias and another family member identify Rita. It is just a cruel way of controlling a grieving family. The Sheriff’s and Coroner’s Offices should be ashamed. I was also told that the nine witnesses to the shooting each reported that Rita did not have a gun in her hand. The Sheriff’s Office is now saying that Rita had a replica gun. I was told by several of Rita’s friends and family that yes, she was a fighter, but if she fought it was with her fists. She would never use a weapon. There were approximately 75 people at the protest this evening at Paradise Road and Martin Luther King Drive. Most of the protesters were carrying signs asking for justice for Rita. Many people were questioning the information that has been provided by the Sheriff’s Office and reported by the Modesto Bee. There was a reporter from the Bee there tonight and I look forward to seeing a story covering the protest in tomorrow’s newspaper. There was also coverage from Fox 40 News and Channel 13 news. Rita’s family is not going quietly away like the Sheriff’s Office would like them to do. They want to see justice for their loved one. There are three young children who now have a guardian angel in Heaven, but will miss their mother for the rest of their lives.

The Failures of MID Management

Normally, we think, “Three strikes and you are out.” Your MID management now has four strikes on it. MID management has failed. I now call on the Board of Directors to fix this problem. Strike one is Mountain House. This unbelievably bad decision will cost you and your fellow MID rate payers over $50 Million dollars. Mountain House is dead as a door nail. Yet, MID insists on telling us the most outrageous story about its eventual success. MID’s published justification of Mountain House includes an assumption of growth at 8.5% per year forever. That is so wildly irresponsible, it is difficult to be polite about it. Strike two is the “four cities”, which is another expansion like Mountain House. MID will not discuss this project, so we may never know how much you have to pay to subsidize the rate payers in those four cities. Strike three is allowing the statute of limitations to expire on the water treatment plant roof. MID had a 10 year guarantee on that roof, provided by the builder. They knew at least 8 years into the 10 year guarantee period that the roof needed to be replaced. But they waited 11 years before deciding to do something about it. So, they sold $11 Million in bonds to fix it. That means you and I will pay $22 Million dollars for something that the builder should have fixed. This management decision is totally unbelievable. Yet, MID just raises your rates to pay for its blunders. Strike four is the “construction problems” at the current build out of the Phase 2 water treatment plant. If you read today’s BEE story, you will fail to find any specific problems MID admits to. The best we can discern from the story is, that “…structures, pipes, basins, storage tanks, the quality of concrete and more…” constitute the problems. Well, for crying out loud, the darn plant is mostly completed, and those five items would include the entire plant!! This plant was scheduled to be completed in October of 2009. That is 12 months ago, and they are just now telling us that there are problems that might mean the whole plant has to be rebuilt???? Where was MID management in 2008 and 2009? Who was in charge? Who allowed the whole darn plant to get built, and then announce everything is “flawed” 12 months later????? And their solution? Hire three more consultants!! Please notice that not one MID manager was interviewed by the BEE reporter. The only MID official quoted made his comments during a Board meeting designed to whitewash an admission of total mismanagement. Remember the message I sent you about four months ago? It was titled, “Something sinister is going on at MID”. Did you believe me then? Do you believe me now? Ten years ago, we had very inexpensive electricity. Today, it is almost the most expensive in America. Ten years ago, MID had virtually no debt. Today, we think it has about a Billion dollars of debt. (This Phase 2 build out alone is funded by bonds totaling over $92 Million dollars.) Today, MID management is clearly unable to make sound decisions or husband the ratepayers’ assets. Their absentee management is costing you and me untold millions of dollars. Perhaps the Board of Directors will tell what they are going to do about fixing this management problem. Thank you, Dave

Separating Myth from Reality on Modesto’s Bio-mass Plant

By Emerson Drake At a meeting back in September we heard bio-mass incinerator promoter Steven Endsley and his team make a variety of claims some were true and some were false. This is an attempt to set the record straight, to separate fact from fiction, and fantasy from reality. Endsley’s team told MID’s Board of Directors they’ll use 375,000 tons a year of orchard clippings referred to as bio-mass or fuel, a year. They testified that there was more than enough “fuel” for the plant to run 24 hours a day, 7 days a week. They even had someone who said he was a supplier who said he had the contract for the bio-mass. Of course this was after they had been reminded earlier in the meeting that they had stated they didn’t have a signed contract with a supplier(amazing how much can be accomplished during a 30 minute break isn’t it.) Interestingly enough in a letter to the San Joaquin Valley Air Pollution Control District (SJVAPCD) dated July 9,2010 promoter Endsley wrote that with so many biomass plants going in, there might not be enough ag waste for every plant. He insisted in the letter to Dave Warner and Rupi Gill of SJVAPCD that he wouldn’t be held to using the 50% requirement he stated on his application. He insisted that he only be held accountable for using 6.4% Ag waste. Promoter Endsley’s team also insisted that bio waste would be used from the bay area for the remainder of the fuel. In an email from Frank DeMaris (SJVAPCD) to Bob Ellery at Bay City Boiler who is Endsley’s partner in the company, DeMaris explained that Biomass or biomass waste does not include material containing sewage sludge,industrial waste, medical waste or radioactive waste. He also goes on to say the plastic content of wood waste is limited to 2 pounds in every hundred of wood waste. Almost needless to say that’s not what they tested their pollution controls on. And about the alleged patent pending on this “state of the art” pollution control system which Endsley describes as doubling up the standard existing systems and heating the air in the middle. That doesn’t sound very state of the art to professionals we’ve asked in the field. The day after MID decided not to pursue the purchase power agreement he asked the SJVAPCD to assume the role of lead agency in the CEQA process, a role the agency later turned down. The very real problem for Valley Bioenergy LLC is they don’t want to have to do a full blown Environmental Impact Report. They know they wouldn’t get the necessary permits to begin consttruction ever, let alone in time to complete 5% of the construction by December 31, 2010 necessary to receive the governmental stimulus money necessary to build the plant since the grant will constitute 30% of the construction start-up money. And as for what Endsley will do with his profits, well in the course of 20 minutes I heard him make two different promises for the money. One to set up a school for training people in green jobs, and the second was to use the money to establish a research center to study green energy. As a point of information four other members of the public heard Promoter Endsley make these stateements and more during the recent meeting of the MID and during a 45 minute break. These were Todd Seal, Noe Paramo, David Avelia, and Jesse Roseman. In short it appears that the biomass promoter Steven Endsley will say and do almost anything to get this gross polluter built and we the citizens will be forced to breath the air it pollutes and pay higher electric rates for the privilege. There will be a meeting at the MID offices Tuesday October 12, 2010. Please try to be there if you can.

THE LAST GOODBYE

THE LAST GOODBYE By Gaetana Drake Today I attended the funeral mass for Rita Alexandra Elias. Ms. Elias is the young woman who was shot by an off-duty Stanislaus County Sheriff’s Detective on September 24th. I have been to many funerals and they have all been very sad. However, the funerals I have attended before today were for elderly people who lived a long, fulfilling life. Today’s funeral was for a young woman cut down in the prime of her life. No parent should have to bury a child, no matter how old that child may be. As with any funeral service there were moments of laughter along with the tears. Rita’s younger sister Pamela spoke of Rita’s spontaneous laughter that could be heard all the way down the street. Rita’s daughters, Angelina, Naomi and Evonne stood at the front of the church, embraced by their aunts and sang “You Are My Sunshine” for their mother, and received a round of applause through the tears. A family friend spoke of Rita’s “kindness, consideration and generosity”. At the end of the church service, a slide show was displayed that showed Rita at her baptism, as a very young toddler with her parents, as a child with her brothers and sisters, and as a young woman with her own children. Tragically, there will never be any pictures of her growing older, pictures of her with her grown daughters, or pictures of her with her grandchildren. Rita and her family have been robbed of all this. Rita was laid to rest at Pioneer Cemetery on Scenic Drive. After a brief service at the cemetery, the casket was briefly opened and family members placed roses inside. Rita’s daughters gave her one last kiss. Her sisters and brothers touched her hair, caressed her cheek and cried once again. Her father was the last to gaze upon her face before the casket was closed a final time. After it was lowered into the ground, many mourners sprinkled a handful of dirt on top of the casket. Throughout the morning I wondered what Detective Kari Abbey was doing. Did she enjoy the nice weather this week-end? Did she take her children to school today? Did she go to church with her family and fix them a nice dinner on Sunday? These are all mundane things that we all do, seldom realizing that our lives may be cut short and we will never do these things again. Rita’s daughters, her brothers and sisters, her parents, and all of her family and friends will never get to do these things with her again. So much has been taken from them for no reason. Pamela Elias would like to thank everyone who came to the car washes and the protest. The family appreciates everything that has been done for them and the support shown by the community. Obituary of Rita Alexandra Elias Rita was born in Stockton, California, November 4, 1978 to the union of her parents, Luis and Margarita Elias. She enjoyed playing basketball, writing and drawing. Rita is preceded in death by her Grandfather, Antonio Vargas. She passed away in Modesto on September 24, 2010. She was 31 years old. Rita leaves to mourn her passing her daughters; Angelina, Naomi and Evonne, her parents; Luis and Margarita, her brothers; Burton and Michael, her sisters; Pamela and Juniore, her grandmother Christina Vargas and a host of other loving family and friends. Rita will be truly missed by all who knew and loved her. In Loving Memory of; Rita Alexandra Elias Sunrise: November, 4, 1978 Sunset: September 24, 2010

Sheriff Dupes Vasche and the Bee Again Remember the I want to "Take it to the Mat" Quote that was Just a Lie

We all remember Adam Christiansons famous" I told the Supervisors I wanted to Take it to the Mat" wrestling quote about another lawsuit that the county was forced to settle out of court to save money, well Adams back at it again. Remember how Supervisor Jim DeMartini exposed Adam as a liar then when he told the Morning Mayor's audience how Christianson had NEVER talked with him or any of his fellow Supervisors regarding "Taking a lawsuit to the mat." Adam had to change his tune after that was revealed. I'm surprised vasche didn't climb in to the ring/blogsphere over that. What did come of it was Adam was forced to change his tune and retract his claim. May be the Bee didn't have the documentation in front of them like some of us do, but they allowed Christianson to lie his way out of an tight position again. To put is simply, the Sheriff's Attorneys made a mistake. Normally a protective order would have been put in place preventing documents received by the Prescott attorneys including the Jail Video being made available to the public and press prior to their being turned over to Prescott Attorneys. Documents were sent without the protective having been obtained. The Sheriff's lawyers realized they made a mistake and have since taken steps to halt further releasing of these documents. The video featured on the Voice of Modesto, Youtube by VoM, and the Modesto Bee wouldn't have been allowed if the Protective Order had been in place. The Prescott lawyer has been contacted by the defendants lawyers and has stipulated to a protective order requested by the Sheriff's attorneys. So Adam did indeed seek and receive an Order of Protection regardless of any statements by him despite his carefully worded, yet erroneous, denial to the Bee and Mark Vasche.

WHAT WILL THEIR CHRISTMAS BE LIKE?

WHAT WILL THEIR CHRISTMAS BE LIKE? Gaetana Drake I’ve been wondering lately what Christmas will be like for the Prescott and Elias families. Most of us are enjoying the holiday preparations including picking out a tree, shopping for presents, sending out Christmas cards, baking, and most of all, spending as much time as possible with our families and friends. While we’re doing all of this, the Prescott and Elias families face a Christmas without their loved one. This will be the second Christmas that the Prescott girls spend without their father, Craig. This is the first Christmas the daughters of Rita Elias will spend without their mother. The eight deputies that were in the room when Craig Prescott died still get to enjoy the holidays with their loved ones. I wonder if they ever think about Craig and what his family has lost. I wonder if any of them are man enough to feel any guilt. I wonder if they are man enough to tell the truth when they are under oath at the trial in 2012. I imagine Kari Abby is buying gifts for her children and other loved ones. Does she ever think about the three little girls who no longer have a mother? Does she even comprehend that she had the power to walk away from the confrontation that cost Rita her life? Ms. Abby is a trained law enforcement officer. She knew how to defuse situations like the one she and Rita were in. Instead she chose to start shooting. Craig Prescott had six daughters. Rita Elias had three. That’s nine girls who will spend the rest of their lives celebrating Christmas without one of their parents. Someday we will all know the truth about what happened to both Craig and Rita, but it won’t be found in the Modesto Bee and it won’t come from Sheriff Christianson. We will find the truth on the Voice of Modesto and on the Morning Mayor show. So, I wish all of you a Merry Christmas. Please keep a thought and a prayer for the Prescott and Elias families and all the others who have lost a loved one to the law enforcement corruption in this city and county. God bless us all.

Where did the Blue Ribbon Committee originate and what are they really Thinking?

Mike Moradian of the LaLoma Neighborhood Association is creating a Homeless committee and asked if anyone is interested in sitting in or helping out to let me know. We are just getting interested people at this time. People who think that they can help. It is a big chore, but my main concern is to get them out of our parks, but having a place they can go. We will keep in touch. After meeting with Mike Moridian of the LaLoma Neighborhood Association, we both decided to put the brakes on a "Homeless" Committee. This is a fight that we are not ready for yet, or prepared for. Homelessness is a major social issue that a little committee cannot fight. What we have decided to do, is to start of small. We are going after the vagrancy in our parks. That way, we do not need to use the term "homeless". We, here in Modesto, have lost some park space to the "vagrants". So, that is the plan for right now. Once this small battle is fought and won, it will lead to the issue of what Modesto is going to do with homelessness and we can THEN work on that issue. I got to run, but I will keep you updated. Reading the Modesto Bee yesterday, 12/19, I noticed the article where "do gooders" are making things better for the homeless by providing them blankets and stuff. "We look for the homeless in and around Modesto like downtown and Graceada Park." (In similar terms). So, now we are the starting point for the homeless here at Graceada and Enslen Parks. WHEN THE DO-GOODERS START AT THOSE parks, we have an issue. The issue is, these parks are now known to house the homeless. The other issue is the fact that these people who are only looking to help out come to the park with these goodies. It only enables the homeless to stay when all these goods and services are brought to them. But of course these Do-Gooders and church groups do not LIVE in this neighborhood, so they do not GET it. "It's not in OUR neighborhood". If you want to provide goods and services, then get a damn "Happy Bus" or something and pick up all the homeless and take them for a ride to go GET THE blankets and free meals. What about taking these blankets to the shelters? These folks in Enslen Park are WANTING to be there! They do not want to GO home. These people have a home but it is their CHOICE to be "homeless". They are "Renting" the park, hence, "Hotel Enslen." I have talked with them! Take those blankets and meals to TRULY homeless folks in the shelters. It is NOT those folks choice to be homeless. So there has been the development of the College Area Neighborhood Alliance (or Association) which among the different committees has the Transient/homeless committee. What to do with the abundance of homeless people in the college area parks and streets is the focus. It is a huge issue and there is no "fix it" answer for now. At least there is an awareness of the situation. Hopefully as CANA progresses I can chronicle what is happening. The first thing I want to point out, is that half of the problems in the parks with the homeless are not the homeless folks causing them. Homeless breeds vagrancy. So there are two components here: Homeless and Vagrancy. The majority of the problems are the vagrants who cause the drama and issues. What I mean by vagrants are the wanderers or folks looking to cause trouble and mischief who have no gumption to abide by the laws. These vagrants just try to enclave themselves into the homeless population and then point at the homeless when it comes to crimes. So my initial thought as I move forward in the Homeless committee is to stress that it is the vagrancy that is the main problem and that is what needs to be rid of first.

My Wife “Kristin Olsen” said this would be a Good Position for Me

Was he trying to put the fix in? There are three members of the Special Economic Development Committee, Chairman Joe Muratore who had business elsewhere and didn’t attend, Vice-Chair Brad Hawn and Stephanie Burnside were present, both of whom knew Kristin Olsen and her husband Rod, so Rod naming his wife seemed, well, almost redundant. They were there Wednesday March 31st on the sixth floor of 1010 10th St. to interview six applicants for four positions. There were two openings on the Modesto Planning Commission and two openings on the Board of Zoning Adjustment or (BZA). Only one member of the public was present. The four open positions were four year terms and after the four years are up you had to go through the process again. There was only incumbent applying and she seemed well versed in her past duties. All of the rest were new comers to their respective committee positions. The BZA is known as the baby board where one can aquire the experience needed to advance to the Planning Commission. Many of the people applying had previous experience, mostly from the other side of the table, with one or both of the boards and none professed to have an agenda. Some were concerned about development infill opportunities in Modesto and two mentioned the carrot and stick phrase that never actually does, but supposedly means jobs. As we all know it’s just developer speak for the use of eminent domain and picking the low hanging fruit of others, also called farms and homes. Indeed Rod Olsen was one of the two who pointedly used the phrase. He also reminded the committee of his past, spent in part with PMZ Caldwell, but now he’s a house husband. But Mr. Olsen was the only applicant to invoke his or her spouse’s name to the committee members. Mr. Olsen, saying this was no occasion to be modest, also laid claim to being the prime mover and shaker behind Modesto getting the Amgen Tour. Will his blatant attempt to ride his wife’s coattails work? We’ll have to wait and see. The committee’s ranking should be out very soon. As soon as the City Attorney dots the I’s and crosses the T’s. We’ll let you know how their rankings compared to ours after they’re released.

Police Accreditation Cost Taxpayers $94,000 in the Last Year

Incredible as it sounds this number came from Chief Harden and this doesn’t include the cost of taking a contingent of Officers, the Police Chief, and Mayor Ridenour back east for the accreditation process. According to Chief Harden it cost taxpayers $5,000 to enroll in CALEA (Commission for Accreditation for Law Enforcement Agencies) and a full time emloyee at an approximate cost of $89,000 an entity which most of law enforcement in California and the country ignore. But here in Modesto apparently we seek validation no matter the cost. Does having a CALEA accreditation improve police training or shorten response time? This ongoing yearly cost of $89,000 is just about what it costs to hire another officer. The only visit that CALEA made to Modesto resulted in the public demonstrating their concerns regarding the shooting of citizens by police, and ended when Chief Harden read from a prepared statement and threatened to arrest the protesters. It appeared that night Chief Harden didn’t want the CALEA representatives to know how the people of Modesto felt in regard to recent police shootings. The over-riding question in the minds of many is: Do we want this accreditation from CALEA or do we want another Officer on the street maintaining law and order? We ask the questions: Will that piece of paper respond to a citizens request for help? Will it apprehend a robber or a rapist? Will you be safer on the streets or in your beds at night? We believe the answer in NO.

McClatchy Newspapers Gang Tricks: Editors Named in Grand Jury Investigation Retaliate with Merced Police Department Assistance

Riding with the McClatchy Boys— 1) Ignore you, ignore you, ignore you. 2) Use any excuse to paint you in a bad light, and do not tell the whole story. 3) Use any excuse to sic the police on you in an attempt to harass and intimidate you. As they say, “The proof is in the pudding.” SUMMARY Gene Forte informed the press of the story on public corruption, including vindictive prosecution by District Attorney DA Morse FOR WHICH FORTE GAVE THEM PROOF, and requested followup stories to articles they previously printed regarding Forte in order to provide the complete picture to the public. The press is required to report fairly and completely by their journalistic standards. Forte and McClatchy Newspapers has had a long history starting as far back as 2003. (Forte has proof that McClatchy maliciously and intentionally defamed Forte in cahoots with the Monterey Superior Court, more about that later.) In these emails, Forte provided them extensive evidence for everything he is currently claiming, but they did not respond. Forte finally called a news reporter, Dave Lyghtle of the Modesto Bee (a McClatchy newspaper). Lyghtle told Forte that after reviewing all the information Forte had sent to the Modesto Bee concerning the Grand Jury Complaint that lists editors of the Merced Sun Star and the Los Banos Enterprise as private actor accomplices, he determined that the story was not “newsworthy.” In response, Forte emailed his boss, the publisher of the Modesto Bee, Eric Johnston, to confirm whether they were going to report upon this matter as a follow up to the stories already reported upon by McClatchy Newspapers about Forte’s arrests. Forte concluded his email with the following : “I also need to ask this hypothetical question: If irate citizens were to burn down the Merced Sun Star and the Los Banos Enterprise for covering up public official corruption would the Modesto Bee consider it “newsworthy”?” Take a big guess what the McClatchy Newspapers did….every excuse they can find to intimidate and harass Forte, they will use. Read the correspondence, and listen to a Merced City SWAT Officer, Leon Pintabono, as he follows up on the police report filed by unspecified persons of the Merced Sun Star based upon the above sentence. THE ACTUAL COMMUNICATIONS Here are the communications in time order. Read them so you can see exactly what Forte has told and to whom: March 7, 2011 at 9:47am – Email to Gene Lieb of the Los Banos Enterprise (subdivision of McClatchy Newspapers) with the letter to the Merced County Superior Court judges, with all its attachments and audio recorded evidence of corruption included, attached. Forte informs Lieb, not only of the information of corruption by the DA, but what Forte’s criminal attorney, Barbara O’Neill, has done by “dumping” him after setting a trial date. March 7, 2011 at 11:17am – Sent the same information to the Modesto Bee, another subdivision of McClatchy Newspapers. March 7, 2011 at 12:43pm – Forte requests the Merced Sun Star and Los Banos Enterprise to do followup reports regarding the prosecution of Forte and the evidence of retaliatory prosecution by District Attorney Larry Morse for the arrests they reported upon. Forte informs them of his request for an investigation of the Merced County Public Defense Associates and their conflict in assigning Forte a criminal attorney due to the owner being the wife of DA Larry Morse and two other members being witnesses for the prosecution in Forte’s cases. March 7, 2011 at 2:34pm – Forte sends an email to the Merced County Board of Supervisors, asking them to take action regarding their responsibility over the Public Defense Associates and the District Attorney’s Office. March 8, 2011 at 4:38pm – Forte writes to Ms. Debra Kuykendall, publisher of the Merced Sun-Star and requests follow-up stories to the previous Merced Sun-Star stories they published. March 10, 2011 09:46am – Forte notifies the Merced County Grand Jury and Board of Supervisors of the complicity of the media in covering up public official corruption by not reporting fairly and completely. March 12, 2011 at 2:00pm – On March 12, 2011, the Merced Sun-Star published an article regarding an Assistant District Attorney who got himself in trouble because he never paid a traffic ticket which caused his license to be suspended, yet he continued to appear in court for the DA’s office. As Forte responds in an emailed to various McClatchy newspapers, the County Counsel, the Board of Supervisors, and others. March 14, 2011 at 09:29am – Forte writes to Mr. Eric Johnston, publisher of the Modesto Bee and new publisher for the Merced Sun-Star due to the early retirement on March 9, 2011 by previous publisher Ms. Debra Kuykendall. March 21, 2011 at 12:11pm – After speaking with news reporter, Dave Lyghtle of the Modesto Bee, Forte emails Mr. Eric Johnston regarding Lyghtle’s “not newsworthy” determination regarding the evidence of DA Morse’ retaliatory prosecution. March 22, 2011 at 12:30pm – Email to Forte from Merced City Police/SWAT Officer Leon Pintabona. March 22, 2011 at 12:31pm - Merced City Police/SWAT Team Sergeant Leon Pintabona leaves a phone message for Forte. 110322 1231PM Officer Pintabona Leaves Mssg March 22nd, 2011 at 1:15pm – Forte calls back Officer Pintabona to find out what his telephone call was about. Forte also informs Pintabona that he is going to record the conversation. Due to size limitation the conversaiton is broken into excerpts below. NOTE: Please refer back to these conversations when you look at the PD Report written by Pintabona. 110322 Officer Pintabona Part A (E): “Let me ask you this hypothetical question. If irate citizens were to burn down the Merced Sun Star and the Los Banos Enterprise for their covering up public official corruption would you consider it news worthy”. Pintabona says he cleary knew what Forte mean by the statement. It was not a threat. Forte emphasizes that he felt the call was done to intimidate him due to the Grand Jury investigation of the Merced Sun Star and Los Banos Enterprise initiated by Forte’s complaint . 110322 Officer Pintabona Part B (E) Forte tells Pintabona that the Merced Star knowing of the circumstances of his communications with them shouldn’t of even gone to the MPD. March 21 2011 Officer Pintabona Read Death Threats It’s a PC 422 Forte reads the threats he received from Anthony Donaldson Bates done for Mayor Tommy Jones in comparison to Forte’s hypothetical question. Forte tells Pintabona the LBPD covered it up. Pintabona quickly wants to change the subject. March 22, 2011 at 4:22pm – Forte tells Officer Pintabona, “It’s outrageous!” March 23, 2011 at 7:21pm – Forte asks Officer Pintabona again, “Why is it that a Merced City Police Officer contacted me concerning an email sent from my home in Stanislaus County to the Modesto Bee in Stanislaus County? Wouldn’t that be under the jurisdiction of Stanislaus County?” March 24, 2011 at 08:35am – Officer Pintabona responds but does not answer questions. March 24, 2011 at 10:14am – Forte informs Pintabona of his belief that McClatchy filed a false police report, they had no belief that Forte was actually threatening to burn the Merced Sun-Star and Los Banos Enterprise building. March 29th, 2011 – Forte calls Officer Pintabona after not receiving answer to questions and informs Pintabona that the MPD says Forte cannot get a copy of the report Pintabona said Fotre could. Note: Remember that Pintabona keeps saying he doesn’t know who at the Merced Sun Star filed the report. March 30, 2011 at 2:18pm – Forte discusses Penal Code Section 148.5, the code regarding filing a report known to be untrue, with Officer Pintabona, and the fact Forte cannot get a copy of the police report because he was not listed as a suspect by Pintabona (although he obviously was since Pintabona questioned him about Forte’s email, the subject of the police report). March 31, 2011 at 9:04am – After Forte speaks to Patterson Police Chief Hughes and Sergeant Walker, Forte emails Pintabona. The Saga Continues (More Later) http://www.badgerflats.com/blog/2011/04/mcclatchy-newspapers-named-in-me...