Daily Report: Money and Politics

Rail authority policy to purge e-mails draws critics' ire

May 21, 2012, 12:05 AM | Lance Williams, California Watch

Dusan Jankovic/Shutterstock

A congressional committee is investigating California’s $68 billion bullet train project. The U.S. Government Accountability Office is investigating, too.

Meanwhile, this proposal for the largest public works project in California history is the target of a flurry of lawsuits filed by local governments and opposition groups.

All those investigators, lawyers and bullet train critics want to pore over the California High-Speed Rail Authority’s trove of documents, looking for evidence.

So it’s an unusual time to purge five years’ worth of bullet train project e-mails, critics say. Nevertheless, that’s what the agency is contemplating.

In February, the rail authority filed papers with the state saying it intended to enact a new policy to destroy its e-mails after 90 days.

Then, on May 1, in response to a request for information from a project critic, the rail authority said it could not produce e-mails that were older than 90 days, citing the new policy...

School officials challenged by post-redevelopment process

May 16, 2012, 12:05 AM | Kendall Taggart, California Watch


401kcalculator.org/Flickr

With billions of dollars at stake, school district representatives charged with overseeing the shutdown of about 400 redevelopment agencies may be underprepared.

Seven-member local oversight boards consisting of representatives from K-14 districts, the county, the city and special districts are now responsible for vetting decisions about how the former agencies will be dismantled and how the property taxes that previously went to redevelopment will be spent.

But some observers are concerned that many school district representatives are not well-equipped to review the complex contracts and financial arrangements left in redevelopment’s wake...

Critics struggle to end 'pay to play' in school bonds

May 14, 2012, 12:05 AM | Will Evans, California Watch

Boaz Yiftach/freedigitalphotos.net

Critics of the practice in which financial firms help pass school bonds that they profit from are continuing to push for reforms, but so far have faced resistance and failure.

In California, underwriting companies hired by school districts to sell bonds often make campaign contributions to help convince voters to pass the bond measures. A California Watch investigation found that leading underwriters gave $1.8 million over the last five years to successful bond measures, and in almost every case school districts gave underwriting contracts to those same firms.

Underwriters are essentially middlemen, buying bonds from districts and selling them to investors at a higher price. Underwriters say they generally only give campaign contributions after getting hired; school districts argue the money has no influence. But critics call it a “pay to play” system that potentially costs taxpayers more than a strictly competitive process would...

Judge: Ex-school official can't join lawsuit over his postal records

May 10, 2012, 12:05 AM | Corey G. Johnson, California Watch

Brigaid/Flickr

A federal judge has rejected a former school official's request to join a freedom of information lawsuit the state Fair Political Practices Commission has filed against the U.S. Postal Service.

U.S. District Judge Garland E. Burrell Jr. ruled on April 26 that William Eisen's request didn't meet the legal standards required to be allowed to argue alongside government attorneys representing the Postal Service in the case.

The Fair Political Practices Commission has sued the post office in federal court over what it calls the "improper" withholding of records related to Eisen, a former member of the Manhattan Beach Unified School District board.

The commission regulates the political activities of public officials, lobbyists and campaign committees. It also enforces California's campaign reporting and disclosure requirements, conflict-of-interest rules and election laws...

GOP senators call Wine Train project 'tax dollar sinkhole'

May 9, 2012, 12:05 AM | Lance Williams, California Watch

Dewet/Wikicommons The Napa Valley Wine Train flood-control project is costing about $79 million. 

No-bid contracts cost taxpayers big money, and that’s one reason the $79 million Napa Valley Wine Train flood-control project has become a “tax dollar sinkhole,” two U.S. senators say.

In a statement issued yesterday in response to a California Watch report, Sens. John McCain, R-Ariz., and Tom Coburn, R-Okla., faulted the U.S. Army Corps of Engineers for not seeking competitive bids on the Wine Train job.

The project involves relocating a rail bridge for the Wine Train tourist attraction as part of construction to stop serious winter flooding on the Napa River.

“Taxpayers ultimately lose when contracts aren’t competitively bid,” the senators said. “The Wine Train project is truly a gravy train of government waste.”

As California Watch reported last week, the Corps of Engineers, in an apparent rush to get work under way, steered the $64 million Wine Train contract to a small Alaska construction company called Suulutaaq in 2008. Competitive bids weren’t solicited because the company was eligible for sole-source federal contracts under a program to assist Alaska...

As super PAC money flows, an effort to divert cash to charity

May 7, 2012, 12:05 AM | Will Evans, California Watch


401kcalculator.org/Flickr

With the American political system deluged with super-sized donations, a few innovative proposals are trying to harness small donors and, in one case, divert campaign cash to charity.

The Federal Election Commission recently OK'd a proposal to let consumers cash in loyalty program points, like airplane miles or credit card points, for donations to their preferred candidate. The commission is mulling another way to empower small donors – allowing campaign contributions by text message – which has already been approved at the state level in California.

Federal regulators are also considering whether to give the green light to Repledge.com, which seeks to dial back the "arms race" in political contributions. Democratic and Republican donations made through the Repledge system would cancel each other out, and the money would go to charity...

State analyst supports accounting system overhaul despite cost

May 4, 2012, 12:05 AM | Corey G. Johnson, California Watch

Tsuji/istockphoto.com

The Legislative Analyst's Office is urging lawmakers to continue an overhaul of the state's accounting systems despite ballooning costs that have plagued the effort.

Called the Financial Information System for California, or FI$Cal, the project seeks to build a single statewide system for all of the state’s accounting, budget and cash management programs, many of which are scattered across multiple, aging computer systems.

Since planning began in 2007, cost estimates for the new system have increased from $1.3 billion to $1.6 billion – prompting some to question whether the state can afford the improvements. But in a report released this week, the nonpartisan analyst's office concluded the benefits of a state-of-the-art statewide system outweigh the concerns over its price tag. The report states:

We believe that the proposed system has significant benefits for the state, including: automating highly manual processes, minimizing manual reconciliations among control agencies and various separate financial systems, making information more readily available to the public and the state's business partners, generally improving...

Businessman offers $1B bullet train investment

May 3, 2012, 10:52 AM | Tim Sheehan, The Fresno Bee

Kativ/istockphoto.com

One frequent criticism of the California High-Speed Rail Authority is the lack of private-investment interest so far in its proposed high-speed train plans for the state.

Now, a businessman touting a possible Madera site for a train-maintenance station is dangling such an investment to the agency.

“We are convinced of the viability of California,” said Ed McIntyre, a partner in the the proposed Gordon-Shaw heavy-maintenance facility site. McIntyre told the authority’s board today in Fresno that he and his partners are prepared to commit up to $1 billion in private-sector investment through development of their site.

McIntyre said that in addition to an estimated $668 million to build the heavy-maintenance facility – a station planned to be located somewhere in the San Joaquin Valley to service trains for the statewide train system – his group is also willing to build a maintenance-of-way facility, where crews would be based to maintain the tracks and right-of-way. Together, the two facilities would add up to a commitment of about $1 billion.

“To those who want further study or planning ... I think we’ve planned enough,” McIntyre told the board. “I encourage you to move forward” with approving the environmental impact report for the Merced-Fresno section of the system...

Expert warnings on rail costs flawed by 'wrong numbers,' official says

May 3, 2012, 12:05 AM | Lance Williams, California Watch

California High-Speed Rail Authority

A report that warned of huge operating deficits for California’s bullet train was based on “the wrong numbers,” an official of the state High-Speed Rail Authority claims.

Rail board member Mike Rossi told a legislative hearing this week that incorrect data undergirds a downbeat analysis of the bullet train’s finances published recently by four Peninsula-based financial experts.

Their report, which predicts that if built, the bullet train will need multimillion-dollar subsidies “forever,” was the subject of a story earlier this week by California Watch.

Rossi, a former Bank of America executive and an adviser to Gov. Jerry Brown, contended that the experts’ analysis was flawed because it had relied on incorrect data published by a foundation associated with the Spanish banking group BBVA.

The errors concerned operating costs for European bullet trains, Rossi contended.

“The problem is, they picked up the wrong numbers,” Rossi told members of the Assembly Transportation Committee.

“The numbers they are showing for operating expenses are actually...

Testimony: Lack of competitive bids drove up Wine Train costs

May 2, 2012, 6:05 AM | Lance Williams, California Watch

NAPA – The federal government spent an extra $10 million to relocate the tracks of the famed Napa Valley Wine Train tourist attraction here because it didn’t seek competitive bids, according to lawsuit testimony.

Two fired executives who worked on the $79.2 million flood control project in downtown Napa testified that taxpayers had paid a hefty premium for the U.S. Army Corps of Engineers’ decision to forgo competitive bidding.

Bullet train's low operating costs are 'elephant in room,' experts say

April 30, 2012, 12:05 AM | Lance Williams, California Watch

Simon Pielow/Flickr

By hitting the reset button, Gov. Jerry Brown bought some time for the embattled California high-speed rail plan.

In recent months, the CEO of the controversial project resigned. Brown installed Dan Richard, an official with political and transportation industry connections, as new board chairman.

More importantly, the California High-Speed Rail Authority dramatically revamped its business plan, slashing as much as $30 billion from the price tag for building the San Francisco-to-Los Angeles system – from $98 billion to as little as $68 billion.

But none of those changes addressed what a panel of outside financial experts has styled “the elephant in the room” for California’s proposed high-speed rail system – its extraordinarily low projected operating costs.

If the bullet train project is to pencil out, it must operate far more economically than any high-speed rail system in the world, according to the experts, who include former World Bank executive William Grindley...

Utility watchdog seeks funds to enforce safety regulations

April 27, 2012, 12:05 AM | Will Evans, California Watch

Nelson Minar/Flickr

Serious safety violations at power plants go uncorrected because regulators have never used their formal enforcement powers, the California Public Utilities Commission stated in a budget request being considered by legislators.

Profit-driven power plant operators need prodding to correct problems that "put worker and public safety at risk," but the commission lacks staff to litigate a formal enforcement action, according to the budget proposal. Commission staff regularly identify violations but can't fine plant owners without a formal action.

Buffeted by criticism after the deadly San Bruno gas explosion in 2010, the utilities commission is requesting funding for 41 new positions to improve oversight of gas pipelines, electrical lines and railroads. One of those positions is for the power plant safety program. But the agency faces skepticism from legislators over whether additional funding actually will sharpen the commission's regulatory teeth...

State's presidential primaries have history of irrelevance

April 24, 2012, 12:05 AM | Lance Williams, California Watch

Kheel Center/Flickr In one of California's most famous presidential primaries, Democrat Robert F. Kennedy (left) was assassinated after his victory speech in 1968.

When Rick Santorum folded his campaign for the Republican presidential nomination earlier this month, he also doomed the California presidential primary to irrelevance – for the ninth election and 36th year in a row.

California’s Republican primary hasn’t made a difference in presidential politics since June 1976, when favorite son and future President Ronald Reagan beat then-President Gerald Ford.

Reagan rode the momentum of his primary victory into the GOP convention in Kansas City, Mo., but he failed to win the nomination; Ford, roughed up by the bruising campaign, went on to lose the election to Democrat Jimmy Carter.

On the Democratic side, the last California primary that really mattered was in 1972, when the peace candidate, George McGovern, beat former Vice President Hubert Humphrey in a contest dominated by debate over the Vietnam War.

With his win in California, McGovern clinched the nomination, but lost to Republican President Richard Nixon,...

Final bullet train report out for Merced-Fresno

April 23, 2012, 3:00 PM | Tim Sheehan, The Fresno Bee

California High-Speed Rail Authority

A 32-chapter report intended to be the final word on the effects of high-speed trains between Merced and Fresno was released last week by the California High-Speed Rail Authority.

It is unlikely, though, to change the minds of farmers and others who are worried about how high-speed rail may alter their farms, businesses, homes or communities.

“They’re looking at the potential for 30 road closures in my district,” said Madera County Supervisor David Rogers, who represents the Chowchilla area. “It’s going to be an emergency-access nightmare, and it’s going to be very difficult for a farmer to navigate his operation when he has to go six miles out of his way to get from one side of his farm to the other.”

The final version of the authority’s environmental impact report details the anticipated effects on farmland, habitat, residents, businesses and communities on the 60-mile stretch between Fresno and Merced. It also explains why the preferred route wanders between the Union Pacific Railroad/Highway 99 corridor and the BNSF Railway line a few miles to the east...

Public disclosure is next frontier in campaign finance reform

April 20, 2012, 12:05 AM | Will Evans, California Watch

Kativ/istockphoto.com

After recent court rulings struck down significant campaign finance limits, the next frontier in the debate over money in politics appears to be public disclosure – whether there should be more or less of it.

That sticky question formed the main source of argument among election law experts at a symposium on campaign finance reform yesterday in Sacramento.

"The landscape has changed," said Elizabeth Garrett, a commissioner of the California Fair Political Practices Commission, which co-hosted the symposium. "Now that the groups who did not like regulation in the first place have won on so much else, I think they’re going to turn some of their guns to disclosure."

Supporters of regulation still are reeling from the 2010 U.S. Supreme Court decision in Citizens United v. Federal Election Commission, which allowed unlimited contributions from corporations and unions to attack or support politicians. That and a subsequent court ruling allowing unlimited contributions from individuals helped give rise to the super political action committees that already have spent tens of millions of dollars on attack ads and are sure to continue their outsized influence in this year's elections...

GSA sought Solyndra contracts despite White House objections

April 19, 2012, 7:00 PM | Daniel J. Goldstein, California Watch

Robert Galbraith/Reuters

General Services Administration officials – now embroiled in an agency scandal over lavish spending – pursued contracts with Fremont-based Solyndra despite orders from White House officials to cease contact with the failing solar panel company, according to e-mails released as part of a congressional investigation.

Jonathan Silver, who has since resigned as loan programs director for the Energy Department, put the GSA in contact with Solyndra, the documents show. Silver wrote Bob Peck, public buildings commissioner for the GSA, regarding Solyndra.

"You and your team are doing amazing things!" Silver wrote to Peck in an e-mail dated July 15, 2010, copied to Chris Gronet, then-CEO of Solyndra. "Your two teams will have a lot to discuss."  

Peck replied to Silver the same day, writing, "I'll try to arrange" meetings between the GSA's "hands on green management people" and Solyndra officials. Peck pointed out that the agency recently had received $5.5 billion from the stimulus bill. "Give me a point of contact for the Solyndra people and we'll contact them directly," Peck wrote to Silver. 

 

Peck was one of the GSA officials recently fired over the agency's spending on travel and perks.

The e-mails were released earlier this year as part of the House Energy and...

State challenges local redevelopment budgets

April 19, 2012, 12:05 AM | Kendall Taggart, California Watch

MCCAIG/istockphoto.com Riverside's redevelopment budget is among about two dozen challenged by the state so far.

In the flurry surrounding the end of redevelopment, 60 state Department of Finance officials are scouring local redevelopment budgets to determine whether their claims about existing debts and obligations are legal.

Cities and other local entities that are overseeing the shutdown of redevelopment agencies were required to submit a list of their ongoing financial commitments by April 15. Now, the department has a three-day window to raise objections. Of the budgets it has reviewed so far, the department has challenged almost two dozen, including budgets from the cities of Riverside, Orange and San Leandro.

The department’s review could have serious effects on the state budget and local agencies, including school districts and counties.

Gov. Jerry Brown estimated that $3.6 billion would be distributed to local agencies over two years as a result of dissolving...

Lawmaker, often target of investigations, zeros in on bullet train

April 17, 2012, 12:05 AM | Lance Williams, California Watch

Official photo U.S. Rep. Darrell Issa, R-Calif.

U.S. Rep. Darrell Issa, the dogged Republican investigator from Vista who has himself been an investigative target, is taking on California’s bullet train.

In a letter last week, Issa, chairman of the House Committee on Oversight and Government Reform, told the California High-Speed Rail Authority to preserve two years worth of documents, records and e-mails concerning its “use of federal funds” on the controversial $68 billion bullet train project.

Issa said his committee wants the documents for a probe that will focus on alleged misspending of federal funds, as well as on “allegations concerning conflicts of interest and possible mismanagement; and how these factors might impact taxpayers.”

Issa wrote the letter to authority Chairman Dan Richard, whom Democratic Gov. Jerry Brown named recently to retool the bullet train project. Under Richard, the state has shaved $30 billion off the project’s price tag, but critics say its financial projections still are hopelessly optimistic.

 

Meanwhile, Central Valley farmers and environmentalist groups from the San Francisco Peninsula have objected to the project’s proposed route and have filed...

LA region less likely to prosecute IRS cases

April 16, 2012, 12:05 AM | Kendall Taggart, California Watch

nico_blue/istockphoto.com

The U.S. attorney’s office in Los Angeles is less likely to prosecute criminal cases referred by the Internal Revenue Service than its counterparts in the rest of the state, according to a California Watch analysis of five years of data.

The Eastern District, which includes Sacramento and Fresno, was the most likely to prosecute IRS referrals, the data shows. But the U.S. attorney in Los Angeles was the only office in the state that fell slightly below the national average of prosecuting criminal IRS cases.

Each U.S. attorney has broad discretion over the priorities for his or her district. They determine which criminal cases referred to them by other law enforcement agencies they want to pursue and which cases to close without prosecuting.

It is difficult to determine why the Los Angeles office lagged behind its peers. 

 

“It’s definitely puzzling,” said Terree Bowers, a former U.S. attorney. Since leaving the Los Angeles office, Bowers said he brought a fraud case to the office’s attention and was surprised that it didn’t act on the case...

Analyst: PUC safety jobs left vacant despite oversight concerns

April 13, 2012, 12:05 AM | Will Evans, California Watch

Thomas Hawk/Flickr A police officer surveys the damage after a 2010 pipeline explosion in San Bruno. 

Despite concerns about safety and oversight after the deadly 2010 San Bruno pipeline blast, the California Public Utilities Commission has 135 vacant positions, including many in the consumer safety division, according to the state legislative analyst.

The utilities commission, which faced withering criticism after the San Bruno natural gas explosion killed eight people, is requesting more than 40 new positions in the state budget to improve oversight and enforcement. But in reviewing the budget request, the Legislative Analyst's Office found dozens of vacancies, including 31 in consumer safety, or about 14 percent of that division.

"It is alarming," said Tiffany Roberts, senior fiscal and policy analyst for energy and climate change at the analyst's office. "Right now, the premier question is, 'Why do we have so many vacancies to begin with?' ...

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