You were not aborted but were born to a loving, nurturing mother. A true miracle. Thank her.

 No matter whether it happened on a snowy January morning, or a hot July evening, you know the date, the day of the week, the year and perhaps even the time of day. What is it? It is none other than the day you were born, or, as a two year old would say, "Morrow is my bird.. day!" 

And if you are under 16 years old, you want to load that cake with candles. But if you are over 25, you'd rather lose count after 20 candles! Regardless of the candles, or the flavor of the cake, you know the month, day and year of your birth. 

But do you really appreciate

the true significance of that day? Do you really understand that everything had to be perfectly lined up and in sync for the miracle of your birth to take place? Following is a brief chronology of the events that took place leading up to and including the spectacular miracle of your birth.

First four to five weeks (1st Trimester):

In the first four to five weeks after you were conceived, your brain and spinal cord began to form. And so your heart and your arm and leg buds began to appear. At this point, you were an embryo and were very, very tiny!

At eight weeks (1st Trimester):

Your organs and body structures have begun to form. Your heart started beating with regular rhythm. Your arms and legs grew longer and your fingers and toes began to form. Your sex organs began to form. Your eyes moved forward and your eyelids formed. Your umbilical cord, which was your lifeline to your mother, became noticeably visible. You were a fetus and looked more like a human. You were about an inch long and weighed less than one eighth of an ounce. 

At 12 weeks (1st Trimester):

Your nerves and muscles worked in sync and you were able to make a fist. Your sex organs revealed your gender. Your eyelids were closed to protect your eyes as they developed. Your head growth had started and you were much longer and you weighed nearly an ounce.

At 16 weeks (2nd Trimester): 

Your muscles and bones continued to grow (your skeletal structure). You had your first bowel movement. You were able to make sucking sounds with your mouth. You were about 4 to 5 inches long and weighed almost 3 ounces.  

At 20 weeks (2nd Trimester): 

You were more active and fluttered slightly.You were covered with fine downy hair, lanugo, that protected your underlying skin and by a waxy substance called vernix. Your eyebrows, eyelashes, fingernails and toenails had began to form. You were able to scratch yourself. You were able to hear and to swallow. You were about 6 inches long and weighed around 9 ounces.

At 24 weeks (2nd Trimester):

Your bone marrow began making blood cells. Your taste buds formed on your tongue. Footprints and fingerprints began to form. Real hair began forming on your head. Your lungs had formed but did not yet work. Your hand and startle reflexes began functioning. You began to sleep and to awaken regularly. If you are a male, your testicles began to move from the abdomen to the scrotum. If you are a female, your uterus and ovaries were in place and you were provided with a lifetime supply of eggs in your ovaries. You had begun storing fat and had gained weight. You were about 12 inches long and weighed about one and a half pounds.

At 32 weeks (3rd Trimester): 

Your bones were fully formed but still soft. Your kicks and jabs were forceful. Your eyes opened and closed in response to light. Your lungs engaged in practice breathing moments; although they were not yet fully formed. Your body began storing vital minerals, such as iron and calcium. Your lanugo began to fall off.  You were roughly 17 inches long at this point and weighed about 4 to 4.5 pounds.  

At 36 weeks (3rd Trimester):

Your protective waxy vernix became thicker. Your body fat increased. Your body became bigger and had less room to move around. Your movements were not as forceful and jabbing, but you stretched and wiggled a lot during this period. You were 16 to 19 inches long and you weighed about 6 to 6.5 pounds.

Weeks 37 - 40 (3rd Trimester):

At 39 weeks, you were full term. Your organs were nearly ready to function on their own. You most likely presented a "head down" position for birth. You probably weighed between 6 pounds 2 ounces and 9 pounds 2 ounces at birth. 

Birth:

Obviously you made it here and beyond. Your mother loved you enough to carry you full term and to birth. She withstood the late nights, the kicks, the pain, the fevers, the dizzy spells and all of the uncertainty that encircles a pregnancy. And why? Because she loved you. And she loved you since the second she learned that she was expecting you. Her maternal instinct was in control the whole time and she knew exactly what to do, and how and when to do it with the right amount of tender loving care. 

And she was there with you on the first day of kindergarten. And she waved "Good bye" to you for the very first time on that day. And that day has stuck with you ever since. Well guess what, it has stuck with her too. If she is still with you, give her a big hug and kiss, or call her or send her a card if she is far away. And thank her for carrying you to term and enabling you the greatest miracle ever bestowed upon us, the miracle of life. 

If your mom has passed, say a little prayer for her or have a moment of silence for her. She did so very much for you. She brought you to this life for crying out loud! 

 

 

 

Your Assembly member's bills get plucked and amended: The Nuts and Bolts of Sacramento

 It's election season and your local CA State Assembly member suddenly realizes that he has not introduced a single bill for his district in the last two legislative cycles. And he is in a tough fight with a primary challenger of his own party who is after him for not introducing any bills to protect the water rights of Valley farmers. He desperately needs a bill but does not have time to write one. What does he do? He finds spot bill! 

What is a spot bill?

A spot bill is a bill that already has been written and that sits in the inner sanctum of the State Legislature waiting to be introduced by a State Assembly member or State Senator who is in a real pinch and quickly needs a bill that is crafted on a particular area of interest to that legislator and his or her district. The spot bills usually do not change existing law and are not controversial and so they easily pass in committee hearings and on the floor of the legislative chamber in which they are introduced. 

In this particular hypothetical case, our legislator needs a bill on protecting water for Valley farmers. Since the bill can't change existing law as a spot bill, it simply will state things the way they are but will sound important: "The State of CA remains committed to the agricultural industry's commensurate needs for water in the pursuit of its requisite obligations in planting, growing and cultivating California's rich agricultural manifold." As you can see, the bill does not change existing law in any way but it sounds important and it attracts headlines in the local papers for that incumbent Assembly member who is facing a tough primary challenger from his own party.

So far so good

OK so far so good, right? Our hypothetical spot bill, which is proceeded by the letters AB because it is an Assembly bill, (State Senate bills are proceeded by the letters SB), has made it through all the Assembly subcommittees, including the Assembly Appropriations Committee (there's nothing to appropriate) and now is on the way to the Assembly floor as AB123. It will easily pass in the Assembly with a bipartisan vote because the bill does not change existing law in any way. And the Assembly member gets great press at home: "Assembly Member ________'s water bill for farmers, AB 123, passed in Assembly with a bipartisan vote." 

Plucking and Amending AB123

But what happens to AB123 when it reaches the State Senate? A ha! This is where the plucking and amending takes place! And this is the really, really scary part. This is the sordid reality of the California State Legislature as it is today. Our bill, AB123, goes through the same committee review process that it underwent in the Assembly. However, the difference is that this is the opposite chamber of the Legislature and all bets are off. No more "Mr. Nice Guy." AB123 gets completely plucked and amended. It no longer is a spot bill on water for California farmers. Besides it does not even mention farmers or water at all!

What has happened to AB123? To put it simply, it has been plucked, amended and thrown back onto the table for approval. First, all, and yes I do mean all, of the language of the bill has been crossed out, erased, and removed from the bill. It has been plucked. And the language has been replaced with wording about gun and ammunition purchases, age limits, caliber limits, background checks, etc.. (amended). Our non-controversial water bill, which did not change existing law, has been converted into a very controversial gun and ammo purchasing bill in totally incognito fashion. But it retains its original title: "AB 123 Water bill for farmers." This is what is so deceiving to voters and even to the media.

Why would State Senators do this?

Why would the opposite chamber, in this case the State Senate, want to change the language of a bill and make it a completely new bill? Think about it. There are State Senators who would lose their seats if their constituents knew that they voted for tougher gun and ammo purchasing laws. This way they can vote for a controversial bill without anybody knowing about it. So far as the public is concerned, their State Senator voted for a non-controversial water bill for farmers that did not change existing law. And no Assembly member voted for a gun and ammo law. They all voted for a do nothing water bill! And yet the final result is a controversial gun and ammo law that everybody could say they did not vote for because they voted for a water bill! Whew! So that's how things are done in Sacramento! 

 Our challenged Assembly member

And what about our Assembly member who originally introduced AB123 as a water bill? He's still lamenting his victory in the Assembly with his bill and boasting how he is protecting the water rights of farmers, hoping all the while that the local newspapers won't delve deeper to find what really happened to AB123. More than likely, they won't and our do nothing Assembly member with his spot bill will get re-elected to another mediocre term.

Nuts and Bolts

This, my friends, is the low down and dirty reality of the California State Legislature today. Sobering, isn't it? That's the nuts and bolts of it like it or not!

 

Emerson Drake scores a grand slam homer at tonight's Modesto City Council meeting

 Without so much as a quiver of doubt or equivocation, the rising star of tonight's Modesto City Council meeting was Emerson Drake, owner and editor of  Eye on Modesto, who held his momentum throughout the meeting. Drake spoke on a number of issues and did not hesitate to express what was on his mind one iota. 

Public Comment Period

Drake's first comments tonight were delivered during the Public Comment portion of the meeting. Drake pointed out the hypocrisy of the Mayor

and Council when they strictly enforce vaccination requirements for City employees, but they are not enforcing mask mandates. Drake pointed out that countless elderly and sick people are being unnecessarily exposed to COVID-19 by people who refuse to wear masks. He made reference to the police chief who does not enforce mask mandates with his staff, stating, "And you hire a police chief who does not enforce mask mandates?"

City Calendar

Drake's next time at bat concerned a measure to change the City Council meeting calendar. As it stands now, the City Council regularly meets on the first, second, fourth and fifth Tuesdays of the month (if there is a fifth Tuesday). Tonight the Council was considering a new meeting calendar for 2022 in which there only would be two (2) City Council meetings per month. Drake vehemently opposed the new calendar and accused the Council of trying to "hide behind the calendar." He pointed out the fact that the Council puts up a huge clock on the screen in City Council meetings on ZOOM and that "You can't see anybody." He continued, "And now you want to cut it down to two meetings a month? Why are you meeting so seldom?" Drake then accused the Council of hoping that by meeting so seldom, that the citizens will just dissipate or "go away." He then asked the Mayor and Council if they were trying to increase their pay per meeting by meeting longer and so seldom. Despite Drake's well-reasoned comments, David Wright made a motion to adopt the new 2022 calendar as it is written. Council member Braaton seconded the motion.

Drake encouraged the Council to "try it out" for three months instead of adopting it for the entire year. Council member Tony Madrigal motioned that the Council "revisit" the new calendar after 3 months to "see how it's going" and that this be added to Wright's motion. But then Council member Rosa Braaton objected and removed her second of Wright's motion. Braaton then offered a counter motion to leave Wright's motion as it was originally! The majority of the Council, including Jenny Kenoyer and the Mayor, voted in favor of Wright's original motion and the new 2022 calendar, with only two Council meetings per month, was adopted despite Drake's and Madrigal's earnest efforts. 

A $313,281 purchase of a 'stand-by ambulance'

Emerson Drake did not stop there. He was at bat with three men on base and he was going to get a grand slam and he did! Drake opposed the City Fire Chief's proposed purchase of a "stand-by ambulance" "not to exceed $313,281." Drake pointed out how ridiculous such a purchase would be in light of all the other expenditures that the City is unable to pay at this time. He further questioned the utility of acquiring such a vehicle and suggested that it was not necessary, emphasizing the fact that it will be a "stand-by ambulance." The Council then voted 7 -0 in favor of the purchase.

First responder fee

Drake then passionately objected to a service agreement from Wittman Enterprises, L.L.C., which entails a "First Responder Fee for Pre-Hospital Emergency Medical Services." In other words, either the patient or the patient's insurance company is going to have to pay a "first responder fee" for the services provided by the Modesto Fire Department when they are dispatched to respond to the patient's medical emergency,  "Fee for First Responder services" provided by a publicly funded fire department. Drake pointed out that once the insurance companies are charged for these services, that premiums will go up. The spokesperson from Wittman Enterprises refuted that, but Drake stuck to his guns, stating, "Insurance will go up. Insurance will go up!"

A Civic Hero

So far as this citizen is concerned, Emerson Drake was a civic hero tonight, a man who speaks his mind and does not compromise his values one bit. Emerson holds no office, but he has the heart and soul of a resolute citizen who will stop at nothing to do what is right and to say what is necessary to keep our city safe, vibrant and dynamic. Here's to you, Emerson!

 

 

Why Modesto always gets it wrong: The City is run by staffers, not by the elected Mayor or Council

As sure as the sun rises in the morning and sets at dusk, the Modesto City Council gets it wrong, one decision after another, one regulation after another, one unrealistic request after another that drives potential employers away, one costly mistake after another, i.e., tearing out all the tracks on 9th St. and along Virginia Ave, tracks that could have been used for light rail and saved the City millions in fuel costs for its extremely antiquated bus system.

 What is causing the City to make all these mistakes?

The question arises: What is causing all of these horrendous mistakes that the City still is making, such as approving diagonal parking spaces downtown

that are too long and too slanted for most drivers to back out of safely because of visibility issues, or approving parking meters downtown without soliciting prior feedback from the public, or making unrealistic sidewalk and infrastructure demands that scare off major manufacturers that potentially could employ thousands of our citizens?  

To this observer, the answer is obvious: The City Council's mistakes, for the most part, are caused by its repeated delegation of its decision-making authority to non-elected City staffers who have not sworn an oath to the City, the State of California and to the Constitution of the United States, like the Mayor and City Council have. 

Consent Items on the Meeting Agenda

If you regularly or even occasionally watch the City Council meetings on Zoom or in person, you will see that the Mayor has the City Clerk read off a number of items to be approved by a simple majority vote of the Council. Most of these items are mundane, such as approving a garbage company contract, or approving mosquito abatement along a riverbed, or something similar. However, some of the items are more controversial and should, but usually don't, involve the solicitation of opinions from the public before a decision is made. 

One thing that all of these Consent items have in common, whether they are mundane or highly controversial, is that they all are written by City Staff and put on the Agenda by City Staff. City Council members may have some input with respect to what does and does not end up on the Agenda, but the actual Agenda items are written by City Staff.

Make the Mayor and Council write the Agenda items

It is this observer's opinion that from here on out, the Mayor and City Council should roll up their sleeves at a pre-meeting of the Council and hammer out the Agenda on their own. There are a number of reasons for this: 1) The Council members will be much more familiar with what is on the Agenda because they wrote it. 2) The Council members will take much more of a personal interest in the Agenda if they write it. 3) The Council members will take more responsibility for the outcome of something that they wrote than of something that somebody else wrote. If it is a bad piece of legislation, the Council members are much more likely to rewrite it and improve it before allowing it to go to a vote at a public meeting. 

Full time Mayor and Council

When I was a small boy, Mayor Don Hammond, the owner of Dow-Hammond International Harvester, and later Mayor Peter Johansen, the owner of The House of Carpets, were full time businessmen who attended to their part time Mayoral duties once a week. The Council members all had full time jobs too. 

This was back in the early 1960's. Modesto was a very small town then that more closely resembled Mayberry than anything we have today with a population of over 200,000. We did not need a full time Mayor and Council then, but we do today.

It is my suggestion that we implement the following changes immediately:

1) Cut the City Staff in the City Manager's office by two-thirds.

2) Use the money saved from the aforementioned to increase the salaries of the Mayor and City Council to a "reasonable" level so they can comfortably support themselves and their families.

3) Require that the Mayor and Council members divest themselves of any active interests in any businesses of which they have an ownership and/or partnership while they are in office.

4) Have a "No Moonlighting" clause in effect for the Mayor and Council members while they are in office so that their entire professional and occupational time will be devoted to their jobs with the Council.  

In conclusion...

For much too long this city has been run by non-elected City Staffers in the City Manager's office who write the Agendas and get them passed in one fell swoop as Consent Items in very quick, Up/Down votes. It is time for that era to end. The days of part time Mayors and Council members are over too. We need to fire two-thirds of the City Manager's staff, elect a full time Mayor and Council and pay them enough to support themselves and their families without having to run a business or work on a job somewhere. And we need to have "No Moonlighting" and divesting mandates in effect for the Mayor and Council while they are in office as well. If we implement these changes, there no longer will be any need for the City staffers to write the Agenda items for the Mayor and Council.

Perhaps if we enact these measures, we will start seeing legislation coming out of our City Council meetings that more closely reflects the will of the People and is more responsive to the the needs of everyday citizens in Modesto. 

 

 

 

 

 

 

 

 

 

 

Modesto City Council Members hide behind a clock during Open Forum

 At last night's meeting, the Modesto City Council introduced a huge clock (timer) on Zoom that appears whenever a citizen speaks to the Council. No longer can citizens see the reactions of the Council members to what is being said. The Council members are being shielded behind this huge clock that takes up the entire screen. This is during the "Public Comments" portion of the City Council meeting, the time during which citizens can speak for three minutes on any item "not on the agenda." 

This huge clock first made its debut last Saturday during the four hour "Listening" session when the Council heard citizen input for improving the Modesto Police Department. Apparently somebody from the Council liked the huge clock because it made a cameo appearance at last night's Council meeting much to the chagrin of citizens who were speaking. 

 

 And nobody could see the facial expressions of any of the duly elected City Council members as citizens spoke on the issues of concern to them. 

And apparently those issues are of concern to the Mayor and Council too, so long as they don't have to look into a camera lens to prove that they are concerned! 

Former Council Member Grewal's weekly presentation

Of course I must not fail to mention that this "Public Comments" portion of the meeting was after a 40 minute "brief" COVID update from Former Council Member Mani Grewal (I know that he is a Board of Supervisors appointee) and a visiting female physician. Mr. Grewal has taken it upon himself to "educate" both Council and citizenry about COVID at every meeting since the pandemic started. There is no clock showing when he speaks, just when voters speak!

When the Council members talk, the clock disappears!

The irony of all of this is that when the Council members speak, the huge clock disappears and you are able to see the Council members' faces. And so they can look into the lens of the camera when they are talking, but not when they are listening to citizens talking. 

As Emerson Drake asked, "Is this even a Council meeting?"

 

I don't know the answer to that, but I do know that several of the members of the City Council, including the Mayor, were elected last year on a platform of "transparency." I think that getting rid of this huge clock might be a proper step in that direction. Smile! You're on camera!

 

 

 

 

Celebrate our Presidents on Presidents' Day: Most cared about our country, right or wrong.

This is Presidents' Day. In my life so far, I have seen six Presidents in person, met two and known one (both Democrats and Republicans). All of them were patriots. All of them put our country first. And they all respected our laws, our Constitution and our electoral process.

They all understood that when an election takes place, that "the People have spoken." And all of them left office gracefully when their terms of office were over. 

 

I was fortunate enough when I was very young to work on Capitol Hill when I was a student. I met two Presidents, several Presidential candidates, and countless Members of Congress and U.S. Senators. I met people who aspired to the Presidency, thought that they should be President, and were ambitious to no end.

 

Put their country first

 

However, despite their unrelenting ambition, and their uncompromising self-confidence, all of them, no matter their Party, believed in our country, revered our Constitution, and believed that our greatest days were ahead of us.

And they all put our country first. All of them had served our country in one way or another, and all of them believed that America was the best nation on Earth.

 

I saw their sincerity

 

I saw and experienced the sincerity of the Presidents and the aspirants to the Presidency that I met, including the one President that I actually knew. And I can tell you that in every instance, these people, both men and women, were sincere in their loyalty to this country and to the Constitution.

 

I feel the pain

 

Needless to say, I feel the pain that Members of Congress and their staffers experienced on the day of the insurrection, January 6, 2021. I have been in all of those rooms of the Capitol. I worked in those rooms as a student when I was young. And I have met and gotten to know many of the people who worked in those rooms and who still work in them now. And I have eaten the infamous "Senate Bean Soup" with them in the Senate Cafeteria.

 

And I can tell you now that I feel the pain of all of these dedicated patriots of both parties.  This is a time that we all need to come together and celebrate our country and our Presidents, except perhaps one.

 

What took place on January 6 was not indicative of the Presidency nor of our country. The President who led this insurrection was an anomaly who never should be allowed to rise to power again. Let us not allow this one revolting anomaly tarnish our celebration of Presidents' Day or those for whom it is celebrated.

 

It is Presidents' Day

 

Yes, it is Presidents' Day. But more importantly, it is our day to celebrate our Presidents, right or wrong. Absolutely and without a doubt, our Presidents, for the most part, have cared about our country, put our country first, and risen to the occasion, no matter the circumstances, no matter the challenges of the day. God Bless you, and God Bless the United States of America!!!

 

'Acting President Pence' cannot pardon Trump if he resigns

 Amid the talk of a possible resignation from President Donald Trump in hopes of being pardoned by President Pence is the realization that Pence most likely will not be able to pardon Trump. Here's how it goes: Trump now has less than 60 days left in his term. At this point, even if Trump were to resign today, Pence could assume the responsibilities of the Presidency without taking the oath of office, under the 25th Amendment, just as if the President were temporarily disabled and in the hospital.

As Acting President, not having taken the Oath of Office, Pence really would not be President. He would be the custodian of the duties of the President, but he would not actually be President. In that capacity, so far as I can determine as a political science scholar, Pence would not have the power of the Presidential pardon available to him. 

When Reagan turned power over to Bush

When Ronald Reagan was shot in 1981, he turned over the power of the Presidency to George H.W. Bush, his Vice-President, while he underwent surgery. During the surgery, Bush was Acting President but he did not have Presidential pardon powers nor did he take the Oath of Office as President. 

At this point, there are so few days left in Trump's term that Pence most likely would fill in as Acting President without even taking the Oath of Office. And just like Bush in 1981, Pence will not have the pardon powers available to him.

A failing self pardon

It is likely, therefore, that Trump will be advised by his legal team to utilize the one remaining option available to him: pardoning himself. It is unknown at this point if a self-pardon will be successful for Trump. Sources believe the Supreme Court would overturn a self-pardon on the grounds that nobody can fairly judge himself or herself.

State prosecution

Even if Trump is successful at pardoning himself of the federal tax charges against him, he will not be able to relinquish himself of the state charges against him in New York State. Trump will face prosecution after he leaves office. That is for sure, pardon or not.