Showing posts with label Budget Crisis. Show all posts
Showing posts with label Budget Crisis. Show all posts

Wednesday, July 11, 2012

Signing of homeowners bill of rights three years late and a $1 trillion short

Planetary Solutionaries, Article by Patrick Porgans, Solutionist

PUBLIC SERVICE ANNOUNCEMENT – IMMEDIATE RELEASE     11 July 2012
Los Angeles, CA USA 

Today, California Gov, Jerry Brown,signed the “Homeowner Bill of Rights into law (SB 900 and AB 278. This bill purportedly will curtail banks from fraudulent foreclosures. 
Reportedly, Brown tweeted that “this law will stop banks from foreclosing on Californians
 who are trying in good faith to renegotiate their mortgages.”

State Attorney General Kamala Harris campaigned for the legislation, and added a presentation on her website on how it will benefit California families.

Critics point out that the bill does not take effect until the beginning of the year and servicers aren’t obligated to consider applications for loan modifications or appeals submitted before Jan 1, 2013. Occupy Fights Foreclosures, a subcommittee of Occupy LA, is calling for an immediate moratorium on foreclosures to protect the thousands of families facing foreclosures right now.

In the meantime, there are many among the millions of foreclosure victims of the bank-induced subprime-mortgage crisis, robo-signing; derivatives-hedge betting, Wall Street bailout and fraud view it as more political grandstanding, years late and, according to some estimates, $1,000,000,000,000.

In California alone, the total cost of the foreclosure crisis to homeowners, the property tax base, and local governments could add up to at least $650 billion and possibly reach as much as $1 trillion? That’s just one of the major findings of a report, released by a coalition of faith, community and labor groups in California that are demanding that Wall Street pay its fair share to helping California recover from this devastating crisis.

Many are questioning the government’s ability to use or enforce existing laws designed to protect victims of crime.Others question the need for such a law so late in the game; after all, it is estimated that by year’s end two-million foreclosures would have taken place in the Golden State. 
Government insiders contend the new law is a clever way to promote the illusion of protection and accountability. They may have a point, the fact that the state’s Constitution, Article I, already provides protection for victims of crime. Supporters of the bill point to the positive benefits contained in the bill. 
Critics question why make new laws when existing ones are not being enforced. Although the banks have agreed to a multibillion dollar settlement, and have paid hundreds of millions of dollars in fines levied by the Security Exchange Commission; all this has been without an admission of guilt.
One ranking Congressman recently summed it up like this during a hearing attended by the major bank executives testifying before Congress. He said, members of his constituency have and continue to rob banks, should we grant them the same prosecutorial discretion and/or immunity as the banks’ are presently seeking?

The Rule of Law, in its most basic form, is the principle that no one is above the law. The rule follows logically from the idea that truth, and therefore law, is based upon fundamental principles which can be discovered, but which cannot be created through an act of will. 

Political insiders recognize that Brown and state’s attorney general Kamala Harris can make a lot of political “hey” out of the enactment of this new victims’ rights law, which, coincidentally, came out after the signing of the attorneys generals settlement with the five major banks involved in the subprime mortgage crisis. 

The promises made by five of the nation's largest banks under the much-ballyhooed $25 billion mortgage settlement have a surprisingly short shelf life.

Under the deal struck in February, Bank of America, Wells Fargo, Citigroup, JPMorgan Chase and Ally Financial pledged to stop the illegal practices that sparked false documentation and "robo-signing," which helped push many homeowners into foreclosure and caused endless headaches for millions of other borrowers.

But the legal agreements among the banks, and the states and federal government hold for only three-and-a-half years; the pledge runs out in 2015.

Others argue that Golden State’s Constitution, Article I, already provides a Victim’s Bill of Rights. Unfortunately, at this point, concerns as to the applicability of the existing victims’ rights law, left unchallenged, may become a moot point, upon signing of the new law.

Supporters of the bill point to the positive benefits contained in the bill, and as a step forward. Opponents contend that it is more like two-steps backwards. 

Planetary Solutionaries point to the simple fact that both Brown and Kamala had the authority to stop foreclosures at least three years ago, and failed to do so. 

To Brown’s credit, he did threatened to stop foreclosures when he served as state attorney general; however, that did not happen. 

Kamala reportedly ran her campaign on the hold the banks accountable and stop bank foreclosures.
Despite all the rhetoric the Golden State and its taxpaying residents are the victims of the bank-induced mortgage crisis causing significant economic impact and financial disruption.

Brown could have also exercised his authority to “Declare a State of Financial Emergency”, which is also provided for in the State’s Constitution, Article IV, section 10(f). 

Brown exercised this authority in January 2011, at which time he “declared a state of fiscal emergency in California" due to the state’s unrelenting budget crisis. 

Although foreclosure victims appealed to Brown to and Kamala to exercise their respective authority to stop the bank-induced foreclosure, they opted not to do so. The appeal was meant as a means to stabilized the crisis and ensure a flow of much needed tax revenues to aid the state’s deficit-ridden General Fund.

California's lawmakers approved a $92.1-billion FY2013 budget on June 15, 2012, with a Senate vote of 23-16 and an Assembly vote of 50-25, along party lines. Gov. Brown signed the budget on June 28, 2012, after vetoing $195 million in spending, $91.3 million from the general fund and $66.8 from special funds and federal funds.

The money to fund the General Fund comes predominately from sales, income, real estate and property taxes.

Brown critics claim that as a two-time governor he should have known that the mortgage crisis and related foreclosures would take a terrible toll on tax revenues used to for the deficit-ridden General Fund.

The cost to the taxpayers for each of those many foreclosures will amount to an estimated $38 billion, alone. The loss in property values exceed $600 million, combined with the loss in tax revenue to local and state treasuries more than $1,000,000,000,000, The nationwide government-bank settlement amounted to just $25 billion.

Although contact was made with the designated agencies responsible for collecting and distributing taxes collected by the state, none could provide the amount of tax revenue losses and related foreclosure costs incurred to date.

Instead of stopping the financial hemorrhaging, and ensuring anticipated tax revenues, Brown, along with his predecessor, Arnold Schwarzenegger succeeded in axing out more than $100 billion in General Fund budget cuts in the previous three state approved budgets.

California’s Draconian budget cuts continue to take their toll on education, safety-net services, jobs, and, other related taxpayer-funded social programs.

Under Brown and Schwarzenegger’s fiscal austerity plan, using the same finance director, Ana Matosantos, they have been pushing the issuance of tens-of-billions of dollars in new debt, via the sale of General Obligation (GO) bonds, for water and water-related programs, and the high-speed rail; a plan that could cost taxpayers as much as $68 billion. 

Currently there are $147 billion in authorized GO bonds; $80 billion of which has been issued. According to state treasurer Bill Lockyer, It will cost us two dollars for every dollar borrowed and spent....

Bond measures that appear on statewide ballots include a disclaimer that goes something like this: “This measure appropriates money from the General Fund to pay off bonds.” 

Translation:“This measure does not raise your taxes to repay the bondholders.” Instead, bond debt is repaid from the same limited pot of money that funds our schools, universities, safety-net programs, criminal justice system, and other key public structures. Because voters don’t have to weigh the value of what the bonds would buy against their willingness to pay for them, bonds may look a bit like free money to many California voters, according to the California Budget Project.

However, a recent report from State Treasurer Bill Lockyer makes clear that bonds are no free lunch. Debt service – principal and interest payments – on outstanding bonds will cost the state an estimated $6.9 billion in 2011-12, equal to 7.8 percent of General Fund revenues.

At its peaking 2007-2008, General Fund spending was $103 billion. Given the deep spending cuts included in the 2011 Budget and the 2012 Budget, overall General Fund spending is now $91.3 billion, $11.6 billion lower than five years earlier. General fund spending as a share of the state’s economy is down to its lowest level since 1972-1973, when Brown served as governor.

The repayment of those bond come essentially off the top of the taxes paid into the General Fund. Currently, depending on government’s numbers, the debt service represents about eight or nine percent of the fund. Estimates by the state indicate that total annual debt service on GO bond could eat up as much as 12% of the fund in the near future.

Although, the use of GO bonds is an established method of funding state projects, serious questions have been raised, that remain unanswered, regarding the alleged misuse of GO bonds.

About a half of dozen of the state’s 100 billionaires have and continue to be the recipients of billions of dollars of profits and give-away programs derived from the issuance, sales and distribution of GO bonds which are repaid from the deficit ridden General Fund.

Brown recently said that the lion’s share of the state’s portion of the settlement will go into the General Fund. A matter that will be the subject of an upcoming series of articles, which raises doubts about the seriousness of the state’s recurring budget and general fund crises and examines how the issuance of GO bonds amount to a shift in the state’s annual debt load. 

Essentially, how some of California's billionaires are using the public’s credit rating, tax base, natural resources, and key-politically held offices to amass and sustain their fortunes as the expense and to the demise of its residents.#

For more information contact pp@planetarysolutionaries.org

Friday, November 4, 2011


WE THE PEOPLE


 "WE THE PEOPLE” Occupy Wall Street “99ers”Petition California Governor to Declare a “Financial State of Emergency” to Halt Pending Foreclosures, holds banks Accountable, and Stabilize the Budget Crisis 

By: Patrick Porgans and Seth Sandronsky                                                       
             In California, foreclosures continue to batter homeowners, averaging out at 1,866 a day, 77 an hour each day the past 10 months, or 1.3 foreclosures per-minute. That’s surely on the minds of many Occupy Wall Street “99ers.”
According to Shum Preston, spokesman for the California attorney general’s office, there was a recent “surge in foreclosures” between July and August bringing an additional 560,000 homes into the foreclosure process.
Reportedly, “settlement negotiations” between the 50 state attorneys general and the nation’s five largest banks – Bank of America, JPMorgan Chase and Co., Wells Fargo, Citigroup and Ally Financial Inc., commenced in the fall of 2010, around abuses related to mortgage  servicing and foreclosure  practices
            During that time, the 50 state attorneys generals remained “occupied” in foreclosure-related settlement negotiations with the U.S. banks responsible for the housing market meltdown, while reportedly offering pennies on the dollar and requesting immunity from prosecution. 
The surge in California foreclosures, job losses, and the state’s ever-looming budget crisis, prompted “99ers” to  petition California Gov. Jerry Brown, Jr. to declare a Financial State of Emergency (FSE).
This FSE would provide for a moratorium on existing and future foreclosures within the state; call for and support of holding banks involved accountable, and use whatever means necessary to stabilize the state’s economy.
Via this statewide petition, the petitioners can express and peacefully exercise their rights to urge Gov. Brown to stop the flood of Golden State foreclosures (. He has the authority to invoke the letter and spirit of the Victims Bill of Rights California Constitution, Article 1, Section 28 (a), in the interest of foreclosure victims.
Gubernatorial precedent exists.
In January 2011, Gov. Brown declared a financial state of emergency involving California’s budget gap between taxing and spending. The state’s current budget was approved with a number of built-in “trigger mechanism” of spending cuts to take effects if anticipated tax-revenue projections in December fall short of $86.4 billion required for General Fund projects and programs.
Roughly one-third of California homeowners have mortgages that exceed the market price of their properties now. Reportedly, the Golden State has seen one in five foreclosures nationwide, or 1.2 million since 2008. Projections are that statewide foreclosure could reach 2 million next year.
            If California’s foreclosure rate continues unchecked, combined costs to homeowners, the property tax base, and local governments will reach an estimated $650 billion – and possibly as high as $1 trillion – from 2008 through 2012, according to a labor-community  coalition (Alliance of Californians for Community Empowerment, People Improving Communities through Organization, California Reinvestment Coalition and several Service Employees International Union locals).
According to the ACCE, foreclosures will reduce property tax revenue by an estimated $3.8 billion. That amounts to a $2,058 property-tax-loss per foreclosure. The foreclosure-related costs that get kicked back to the government amounts to $17.4 billion, more than $19,000 per foreclosure.
In September 2010, while serving as state attorney general, Gov. Brown directed Ally Financial, Inc., formerly GMAC, to prove immediately that it is complying with state law or, if it cannot, to cease and desist from foreclosing on California homes. Around that time, GMAC halted foreclosures in 23 other states. www.realtown.com/gwmantor/blog/foreclosures-halted 
Late last month, California Attorney General Harris announced after much consideration that she was pulling out of ongoing negotiations with the five biggest U.S. banks. She said that the agreement would allow “too few …homeowners to stay in their homes” and shield banks from further investigations.” According to The Wall Street Journal, AG Harris remains open to a “deal” with these U.S. banks in multi-state mortgage negotiations provided it involves a “stronger proposal” from lender.
            “I concluded that this is not the deal California homeowners have been looking for,” Harris wrote in a letter reportedly sent to U.S. Attorney General Thomas Perrelli and Iowa Attorney General Tom Miller.
Why “reportedly?” Well, when a home owning-member of the public asked for a copy of her letter to Perrelli and Miller, Harris’ press officer refused. Further, when pressed for even an outline of the “deal” that Harris claims California homeowners seek, a spokesperson with her office suggested reading and making contact with mainstream news sources!
Harris is the latest state AG to back out of the potential 50-state settlement agreement, which originally promised criminal investigations into mortgage and foreclosure fraud. This agreement has come under fire for potentially granting broad immunity to banks for too little money, and for failing to adequately investigate the lead up to and occurred after the housing crisis.
Supporters of the California foreclosure petition claim that it would be in the state’s and the people’s interest to request that the governor lend his full support and weight to assist AG Harris in her investigation of the banks to gather all of the relevant facts to ascertain if sufficient grounds exist to file formal charges against U. S. banks involved in the foreclosure crisis, and, thereupon to proceed with the appropriate legal action(s).
California petitioners support AG Harris and Gov. Brown’s investigation of banks and foreclosures. Further, petitioners seek a full public disclosure of the details involving all alleged victims and perpetrators.
Sign up now, and for more information, visit, www.planetarysolutionaries.org,
Patrick Porgans-Solutionist pp@planetarysolutionaries.org
Seth Sandronsky lives and writes in Sacramento, CA ssndronsky@yahoo.com 

“WE THE PEOPLE”

(AKA) OCCUPY WALL STREET “99ERS” PETITION GOVERNOR EDMUND “JERRY” BROWN JR.
TO DECLARE A “FINANCIAL STATE OF EMERGENCY”,
AS AN INTERIM MEASURE TO STABILIZE THE “SURGE OF FORECLOSURES” IN CALIFORIA,
TO ENSURE THE STATE’S FINANCIAL STABILITY,
AND SUPPORT FOR THE STATE’S ATTORNEY GENERAL TO HOLD BANKS ACCOUNTABLE

In California, foreclosures continue to batter homeowners, averaging out at 1,866 a day, 77 an hour, each day for 10 months, or 1.3 foreclosures per-minute; therefore,
We the People”, identified as the undersigned petitioners, respectfully request that Governor Brown declare an immediate “Financial State of Emergency”; as a measure to stabilize a recent and dramatic surge in foreclosures in California and that he declare a moratorium on all pending and foreseeable foreclosures within the state;
Furthermore, that the governor proceed with all haste to assist and support the State’s Attorney General Harris in an investigation of any alleged improprieties committed by the banks or bank representatives purportedly involved in the foreclosure crisis, and, thereupon to proceed with the appropriate legal action(s).
We the People” encourage Harris’ office to use the time spent. Over the course of the past 10-months, during costly stalled “settlement negotiations”, wherein, an additional 560,000 foreclosures occurred. This “surge in foreclosures”, reportedly prompted Harris to pull out of negotiations.
Furthermore, the people respectfully request that Harris not enter into additional settlement negotiations with the U. S. Banks, in questions, on matters pertaining to alleged bank-induced homeowner foreclosures; and that no “deal” be discussed nor agreed too, until such time, it has been submitted to the public at large; and ample opportunity to read, review, comment and approval of any such settlement agreement pertaining to the foreclosure crisis is provided to the victims.
Lastly, the Governor should consider suspending all further financial “dealings” or related business with said banks, including, the issuance and/or syndication of General Obligation bonds. Such a declaration should remain in effect, until a full accounting of the U. S. bankers’ actions have been determined by the Office of the Attorney General, and, any and all of the appropriate reparations have been made to the victims of the bank-induced financial crisis.

The Governor has the authority to declare a Financial State of Emergency as provided for in the State’s Constitution, Section 10(f) Article IV of the California Constitution. Both Governor Brown and former Governor Arnold Schwarzenegger used their executive and constitutional powers to declare a Financial State of Emergency, resulting from the state’s annual budget crises. 

Such a moratorium should remain in place, until such time the banks involved in the settlement negotiations provide the state’s attorney general with a “deal” that the foreclosure victims “We the People” can live with; remaining in our homes.





Saturday, August 13, 2011

How to solve the "budget crisis" in California?

Answer(s) from Patrick, Solutionist

 
Voters and taxpayers should curtail their elected officials from enacting laws that borrow money with the use of General Obligation Bonds to "pay off" debt attributable to project(s) that were "sold to the voters" as project(s) that would "pay for themselves". Case in point, is the Golden State's ongoing budget and water crises. They are both directly linked to government officials barely getting voters' 1960 approval of a $1.75 billion General Obligation "Water Resources Development Bond Act".

Government records indicate that an estimated 30 percent of the $1.75 billion is still unpaid; in the interim period, government water contractors have reaped in billions of dollars in profits. More importantly, officials have successfully mislead voters to approve more than $19 billion in additional General Obligation water- and water-related bonds from 1996 through 2006. Governor Jerry Brown, along with supporters, plan to place another $11 billion General Obligation bond on the Nov. 2012 ballot. According to the state Director of Finance, it cost about one dollar in interst payment for every General Obligation bond dollar borrowed to continue to bailout the same government water project contractors. Instead, voters and taxpayers should have the water contractors and users "beneficaries" pay the cost. 

Californians should also look and see how the State of North Dakota successfully survived in the 1930's Great Depression, and how it is prospering today, even in the midst of what has been identified as a banking-institutions orchestration of the "Great Depression" as of late.

Tuesday, August 2, 2011

BUDGET DEFICITS, BOND DEBT, BILLIONAIRES, THE BROWN FAMILY AND BIG PROFITS

BUDGET DEFICITS, BOND DEBT, BILLIONAIRES, THE BROWN FAMILY AND BIG PROFITS
By Patrick Porgans and Lloyd G. Carter

Part One
Editor’s note:  This is a two-part series. Part One focuses on how the wealthy and landed have used the public bond process in California to further their own interests, while promoting and profiting from the state’s “budget crisis”. Part Two focuses on the family legacy of Gov. Edmund G. “Pat” Brown, who first mastered the art of selling water bonds half a century ago, to finance the construction of the State Water Project, which was sold as a project that would pay for itself and unify the state. It never has, and it is at the crux of Bay-Delta conflict and state’s “water crisis.”

California’s 90 billionaires (according to Forbes Magazine) and 662,735 millionaires got rich in a lot of different ways. But, there are those billionaires that thirst for more, apparently, the Golden State’s record-breaking $2 trillion in gross annual production (GDP), in 2010, which makes the state the Eighth most productive economy in the world wasn’t quite enough. But let’s not forget California’s GDP is said to represent 13 percent of the USA’s GDP.
California’s land rich billionaires – whose wealth, ultimately, depends on water - have had a significant role in using the “system” (tax-base revenue, credit rating, and natural resources) to promote and support issuances of tens of billions of dollars of General Obligation (GO) bonds to fund vested interest public works projects, particularly water and water-related grant programs which considerably enhance the value of their land.  And the grant money, often used to build local water district infrastructure and help fund developers, is free.  At the same time, the billionaires have the public pay to increase their water supply reliability, and are selling this water back to the public at astronomically high prices.
A government grant-funded study, conducted at the Donald Bren School of Environmental Science and Management, University of California, Santa Barbara, indicates that from 1987 through 2008, and estimated $3.9 billion in water water-transfer sales/profits were made by some of the state’s richest billionaires. As the saying goes, in California water runs uphill and toward money.
These GO bonds fund a myriad of state programs and finance massive public works projects that directly aid the landed gentry. These include billionaires like Orange County real estate king Donald Bren, who reportedly owns 110,000 acres, and has a “Master Plan” to develop significant portions of land (http://www.goodplanning.org/Master-Plan/default.aspx).
Bren, reportedly, is a close friend of former Gov. Pete Wilson, an employee of Bren’s before and after serving as governor.  There is also Beverly Hills resident Stewart Resnick (now the biggest “farmer” in California with 200,000 acres in Kern and Kings counties) and there are the heirs of cotton king J.G. Boswell.  The Boswell family owns 200,000 acres of farmland in the Tulare Basin and want to build a city of 30,000 on land they own in the Tulare County foothills. They profit directly when California’s voters fund multi-billion bond projects to export Northern California water south to industrial farm fields in the western San Joaquin Valley or to the never-ending desert subdivisions in the Southland. Furthermore, the majority of them are also involved in profiting from water sales and marketing.
Tejon Ranch, now owned by Cattelus (another billionaire outfit which morphed from the railroads), owns 270,000 acres straddling the “Grapevine” Interstate 5 route over the Tehachapis. It is the largest block of private land in California. The combined acreage for just these four companies (Bren, Resnick, Boswell, Catellus) exceeds 780,000 acres.  And all four of these Big Money players already are engaged in filling their unquenchable thirst for a more “reliable” source of water from the north, and have received windfall profits from the GO bonds. And, of course, next year, voters will be asked to fund yet another $11 billion water bond measure (which will take $22 billion to pay off) to move yet more water south.
You can count on Team Billionaire - which includes the billionaires, major landholders, chambers of commerce, local water districts (most of which are members of the Association of California Water Agencies), banks, investment firms, and all manner of Southern California real estate and development interests - to spend huge amounts of money to convince voters to approve water-related GO bond measures.
According to the state’s Department of Finance’s (DOF) website, there are currently a total of $150 billion in GO bonds which have been approved by the voters in the past few decades, of which a total of $79.6 billion has been issued and is being repaid from the General Fund.
To put the $79.6 billion debt in perspective, in Governor Jerry Brown’s recently approved 2011-2012 state budget totaled $129 billion, Approximately $86 billion came from  General Fund revenues, the remaining amount come from special funds and other bonds. The principal and interest payment on the outstanding G.O. bond debt is in excess of $136 billion; includes fixed and variable rate estimates on bonds.
Of the $79.6 billion of GO bond debt (principal), an estimated $19.4 billion was authorized primarily for water programs, including buying water for fish; mitigation, wildlife conservation easements, studies, drought relief, local irrigation, flood protection, and municipal water district infrastructure projects. Add at least another $13 billion in interest to pay off the $19.4 billion in water bonds and you have a total water-related public debt of at least $32.4 billion; comparatively speaking, it represents about 40 percent of the cost to run the state General Fund programs.
State Treasurer Bill Lockyer says payment of the interest and principal on all GO bonds is a crushing $10 billion a yearamounting to nearly a tenth of the state’s General Fund – and is expected to keep rising each year. This addiction to bonds is a principal reason for the draconian state budget cuts in education, police and fire services, and programs for the elderly and disabled that occurred in recent years.  Indeed, to meet those bond obligations, California has cut $115.7 billion from the state budget in the last three fiscal years.
During the governorship of Arnold Schwarzenegger, the state’s bond debt doubled as the “no more taxes” crowd simply turned to bonds to get the public to foot the bill for water projects, programs and other infrastructure financing to sustain and expand their publicly subsidized business ventures, most for agribusiness, new Southern California subdivisions on the desert, and increased reliable supplies for them to have more water to sell back to the public.
What the billionaires know, of course, is that GO bonds are still being used to pay off the $1.75 billion State Water Project (SWP) which former Governor Edmund G. “Pat” Brown sold to the public back in 1960 as a project that would “pay for itself.”  It has never come close to paying for itself and it could take an additional $63 billion, according to the California Department of Water Resources, to make real the water which Brown, Sr. purportedly promised a half century ago. In fact, SWP contractors, many of who supported the original GO bond debt, have vehemently refused to take responsibility for bearing the burden of the $32.4 billion in water-related debt; as SWP beneficiaries, by law, they are required to pay certain costs. Instead, they have passed it on to the unsuspecting public with the help of their campaign-supported elected officials.
In addition, water bonds promoted under the fear tactic of “safe, clean, reliable” water have been issued for water projects that directly benefit SWP urban and agribusiness contractors. Such bonds are much easier to sell to unwitting voters than raising taxes first to pay for things society needs, which is always a tough sell for politicians.  A bond, it turns out, is a tax but a hidden one.  The water-guzzling land billionaires are hoping they can float one more bond by the voters next year. Their success is dependent upon a vote of the people.
Editor’s Note:  In Part Two, Porgans and Carter discuss how the water bond phenomena was pioneered by Gov. Edmund G. “Pat” Brown, Sr. and now plays a key role in the lives of his son, current Gov. Jerry Brown, Jerry’s sister, Kathleen Brown and the investment firm Goldman Sachs.
Patrick Porgans and Lloyd G. Carter have both been writing about California water issues for 40 years. Porgans’ email address is pp@planetarysolutionaries.org.  Carter’s email is lcarter0i@comcast.net.

Saturday, March 12, 2011

CALIFORNIA FIRST - SYPGLASS FIGHTING BACK - TO GET A HOLD OF PUBLIC ASSETS

http://lansner.ocregister.com/2011/03/11/o-c-led-buyers-sue-calif-over-killed-deal/102957/

O.C.-led buyers sue Calif. over killed deal

March 11th, 2011, 3:46 pm · 6 Comments · posted by Jeff Collins

An Orange County-led consortium of investors who had the winning bid to buy 11 state-owned office properties around California have sued the state for breach of contract after Gov. Jerry Brown killed the deal.

California First LP, a group pulled together by Rich Mayo of Irvine-based Spyglass Realty Partners, had bid $2.3 billion to buy the state government buildings, then lease them back to the state for up to 50 years.
Gov. Arnold Schwarzenegger endorsed the deal as a way to generate $1.2 billion to help close a gargantuan state budget deficit. The deal included the sale of the California Supreme Court buildings, the complex for processing state property taxes as well as headquarters for the state Public Utilities, emergency operations, justice, health and education departments.

Brown called the deal short-sighted. However, California First shot back, arguing that “a deal is a deal.” California First attorney Stuart Liner said:
“Like any other person or entity, the State of California has to live up to the contracts  it enters. The State negotiated and signed a contract with California First and has no right to back out of the deal.  California First met its obligations every step of the way and we intend to compel the State to live up to their end of the contract.
“California First satisfied its commitments to the State, which is why the State accepted California First’s offer in the first place, and California First remains ready and able to perform the contract. We believe the DGS (state Department of General Services), the Legislature and the Governor got it right two years ago when, in light of the financial circumstances that California is facing, it concluded that this $2.33 billion deal is in the best interests of the state and its 34 million residents.”
In a press release issued today, the partnership said further:
“California First seeks an order from the court requiring the State to sell the eleven (11) properties that comprised the initial sale-leaseback bid authorized by the legislature in July 2009, which includes properties in Los Angeles, Oakland, Sacramento, and San Francisco.  AB 22, the authorizing legislation, was approved overwhelmingly by the legislature (37-0 in the Senate, 76-3 in the Assembly) and signed as an urgency measure by then-Governor Schwarzenegger.”
More on the state office building sale: