Tag Archives: Governor Jerry Brown

Proposition 53 Has Implications for California High-Speed Rail

Proposition 53 Has Implications for California High-Speed Rail

Governor Jerry Brown and his political allies, led by construction trade unions, have ramped up a major campaign to defeat Proposition 53. This statewide ballot measure could jeopardize future funding prospects for California High-Speed Rail.

Proposition 53, also known as the “No Blank Checks Initiative” would require voter approval for the State of California to sell a total of more than $2 billion worth of revenue bonds for a project. Unlike “general obligation bonds,” which are repaid (with interest) through state income and sales taxes, revenue bonds are repaid (with interest) through fees, fares, tolls, or other payments for services.

The Delta farmer who funded the placement of Proposition 53 on the ballot and is funding the campaign to pass it was mainly inspired by a desire to stop Governor Brown’s controversial “Delta Tunnels” project. But Proposition 53 could also hinder future efforts by the State of California to borrow money for California High-Speed Rail construction and operation.

Voters fed up with the continuing expenses for high-speed rail could potentially reject the sale of revenue bonds and cut off a source of state funding. An effective opposition argument to the sale of revenue bonds for California High-Speed Rail would probably focus on the exaggerated projections of ridership and fare revenue for the high-speed passenger train system.

California High-Speed Rail is frequently mentioned in the news media as a project that could be jeopardized if Proposition 53 passes on November 8. For example, the October 14, 2016 San Francisco Chronicle article about Proposition 53 was titled “Prop. 53 Could Bring Big Projects to a Halt” and featured a frequently-published photo of CCHSRA allies Kevin Dayton and his daughter picketing at the high-speed rail groundbreaking ceremony in Fresno in January 2015.

Besides the farmer who is paying for the Proposition 53 campaign, the Howard Jarvis Taxpayers Association – an ally of CCHSRA – is the main organization supporting it. The argument in favor of Proposition 53 cites California High-Speed Rail as a reason to vote for it:

Proposition 53 will STOP POLITICIANS FROM ISSUING BLANK CHECK DEBT to complete billion dollar state boondoggles. Take California’s bullet train. They told us it would cost California taxpayers $10 billion. Now we know it’s going to cost more than $60 billion! Yet, you don’t have a right to vote on that huge increase!

Leading opponents of Proposition 53 are construction trade unions, which have a monopoly on construction of the California High-Speed Rail system through a Project Labor Agreement. The State Building and Construction Trades Council of California; the Carpenters, Laborers, Ironworkers, and Operating Engineers unions; and the California Construction Industry Labor-Management Cooperation Trust have been top funders of the campaign to defeat Proposition 53.

The rebuttal to the argument against Proposition 53 in the California Official Voter Guide states that opponents “include insiders who profit from massive state revenue bond projects, and politicians and bureaucrats who don’t trust you to decide whether to approve boondoggles like the $64 billion bullet train…” Some people would declare that to be an accurate depiction of the chief backers of California High-Speed Rail.

For More Information:

California General Election November 8, 2016 Official Voter Information Guide – Proposition 53

Proposition 53 Donors – For and Against

May 23 Is Date for Oral Arguments: California High-Speed Rail Authority et al. v. The Superior Court of Sacramento County

The 3rd Appellate District Court for the State of California announced on April 28 that oral arguments in California High-Speed Rail Authority et al. v. The Superior Court of Sacramento County are scheduled for Friday, May 23.

This is the case which started when California Governor Jerry Brown, California Attorney General Kamala Harris, California Treasurer Bill Lockyer, and the California High-Speed Rail Authority asked the California Supreme Court under an extraordinary petition to allow the state to issue (sell) Proposition 1A bonds to fund California High-Speed Rail. (In October 2013, a Sacramento County Superior Court judge had blocked the sale of the bonds through two decisions ruling that the California High-Speed Rail Authority has failed to comply with Prop 1A.) The California Supreme Court wasn’t impressed: it sent the Governor’s petition to the appeals court where it belonged.

Track the case at this link: California High-Speed Rail Authority et al. v. The Superior Court of Sacramento County – Case Number C075668

Supporting the Rule of Law:

Members of Citizens for California High-Speed Rail Accountability (CCHSRA)
County of Kings
Howard Jarvis Taxpayers Association
County of Kern
Eugene Voiland
Kings County Water District
Union Pacific Railroad Company
First Free Will Baptist Church in Bakersfield

Supporting Governor Brown and the California High-Speed Rail Authority:

Peninsula Corridor Joint Powers Board
San Mateo County Transit District
Metropolitan Transportation Commission (San Francisco Bay Area)
Santa Clara Valley Transportation Authority
City and County of San Francisco
State Building and Construction Trades Council of California, AFL-CIO
Cathleen Galgiani, member of the California State Legislature
Los Angeles County Metropolitan Transportation Authority
Southern California Association of Governments

Court Rejects Governor Brown’s Arguments to Skirt Court Decision and to Let State Borrow Money for California High-Speed Rail

While Governor Brown and a majority in the California legislature seem to tolerate the California High-Speed Rail Authority’s violations of state law, the judicial branch of California government recognizes that the Authority is failing to comply with Proposition 1A.

On April 15, 2014, the California 3rd District Court of Appeal rejected an extraordinary appeal backed by Governor Jerry Brown, Attorney General Kamala Harris, Treasurer Bill Lockyer, and the California High-Speed Rail Authority. These top state officials wanted the appeals court to suppress two decisions of a lower court so the state could borrow money for the High-Speed Train Program by selling bonds.

The Docket (Register of Actions) for California High-Speed Rail Authority et al. v. The Superior Court of Sacramento County (Case No. C076042) states the following:

The Petition for Extraordinary Writ of Mandate or Other Appropriate Writ is denied. The standard of review for a judgment on the pleadings is the same as for a judgment following sustaining of a demurrer; we look only to the face of the pleading under attack. [Citations.] … All facts alleged in the complaint are admitted for purposes of the motion and the court determines whether these facts constitute a cause of action. [Citations.] (Hughes v. Western MacArthur Co. (1987) 192 Cal.App.3d 951, 954-955.) The parties’ motions for judicial notice are denied. RAYE, P.J. (RoBu) … Case Complete.

In 2013, a Sacramento County Superior Court judge found that the California High-Speed Rail Authority failed to comply with provisions of Proposition 1A, the “Safe, Reliable High-Speed Passenger Train Bond Act,” approved by 52.7% of California voters on November 5, 2008. (See links to these court decisions, below.)

Governor Brown and the California High-Speed Rail Authority wanted the court to disregard the promises the state legislature made to California voters when it placed Proposition 1A on the ballot. In their mindset, the vote of the people to authorize the state to borrow money for California High-Speed Rail overrides the burden to actually comply with the law. In fact, desperate supporters of the project are increasingly making this “democratic” argument.

But we still live in a constitutional republic, not a democracy, and the courts will not allow the California High-Speed Rail Authority to spend money in a way that violates the law. It does not matter how many politicians or political activists support the bullet train or how “important” or “innovative” this $68 billion San Francisco to Los Angeles train will be for humanity.

Ultimately, the California High-Speed Rail Authority will have to follow the law, ask voters to change the law, or shut down operations until new people are governing the state.

News Media Coverage

Appeals Court Denies Petition, Clears Way for High-Speed Rail Trial by Tim Sheehan in the Fresno Bee – April 16, 2014

Court Refuses Appeal of High-Speed Rail Project: Part 2 Prop 1A Lawsuit Will Proceed by Kathy Hamilton in www.Examiner.com – April 16, 2014

What is Governor Brown Trying to Stop?

The coalition of individuals, local governments, business organizations, and taxpayer associations (including Citizens for California High-Speed Rail Accountability) that won this April 15, 2014 decision have already won in court as a plaintiff in a Prop 1A compliance lawsuit against the California High-Speed Rail Authority and as a defendant in a bond validation lawsuit filed by the California High-Speed Rail Authority. Read those decisions here:

November 25, 2013 California High Speed Rail Authority Bond Validation Lawsuit Ruling

High-Speed Rail Authority and High-Speed Passenger Train Finance Committee, for the State of California v. All Persons Interested in the Matter of the Validity of the Authorization and Issuance of General Obligation Bonds to be Issued Pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century and Certain Proceeding and Matter Related Thereto.

August 16, 2013 Tos v California High-Speed Rail Prop 1A Ruling

November 25, 2013 Tos v California High-Speed Rail Prop 1A Remedy

John Tos, Aaron Fukuda, County of Kings v. California High Speed Rail Authority, et al.

In addition, the same coalition has also won a court decision concerning the inclusion and consideration of arguments in Tos v California High-Speed Rail regarding the promised travel time requirements in Proposition 1A, such as 2 hours 40 minutes from San Francisco to Union Station in Los Angeles.

March 4, 2014 Ruling on Submitted Matter: Motion for Judgment on the Pleadings

Pacific Legal Foundation Files Brief Against Governor Brown on Behalf of Bakersfield Church in Path of California High-Speed Rail

On March 17, 2014, the Sacramento-based Pacific Legal Foundation filed a brief in support of the First Free Will Baptist Church in Bakersfield against Governor Jerry Brown’s extraordinary petition to allow the State of California to borrow money to fund California High-Speed Rail construction by selling Proposition 1A bonds. Citizens for California High-Speed Rail Accountability (CCHSRA) is fighting this petition, which would undo our court victories in 2013.

Here is a copy of the brief: March 14, 2014 Pacific Legal Foundation on Behalf of First Free Will Baptist Church Against Jerry Brown on California High-Speed Rail

A Sacramento County Superior Court judge ruled in 2013 that the California High-Speed Rail Authority failed to comply with Proposition 1A as authorized by voters, and therefore the state could not sell Prop 1A bonds. Governor Brown, the California High-Speed Rail Authority, and other officials asked the California Supreme Court to override the lower court decision and allow the state to issue the bonds. The California Supreme Court appropriately bounced the petition back to the California Court of Appeals for the 3rd District.

The Pacific Legal Foundation describes itself as “the oldest and most successful public interest legal organization that fights for limited government, property rights, individual rights and a balanced approach to environmental protection.” For more information, see the Pacific Legal Foundation’s March 19, 2014 press release about the filing of the brief:

Pacific Legal Foundation Litigates Against Sale of California High-Speed Rail Bonds

The brief is also posted at the Pacific Legal Foundation web site, along with a podcast explaining the brief.

California Attorney General Files Brief with Appellate Court Defending Extraordinary Petition to Sell California High-Speed Rail Bonds

California Attorney General Kamala Harris filed a brief this afternoon (Monday, February 10, 2014) on behalf of Governor Jerry Brown, California State Treasurer Bill Lockyer, the Director of the Department of Finance, the Secretary of the State Transportation Agency, the High-Speed Rail Authority, and the High-Speed Passenger Train Finance Committee.

Their goal is to get the California Supreme Court to allow them to borrow money for California High-Speed Rail by selling bonds, thereby overruling two November 2013 decisions of a Sacramento County Superior Court judge determining that the California High-Speed Rail Authority failed to comply with state law (Proposition 1A) that establishes conditions to issue the bonds.

Here’s the brief: Petitioners’ Reply to Preliminary Opposition of Real Parties in Interest – Stay Requested by March 1, 2014.

The brief states that the case involves “weighty matters with far-reaching implications that demand this Court’s rigorous consideration…the stakes are high and the risks are great…” That’s probably the only statement in the brief that has unanimous agreement among the parties.

Expressing the highest levels of professionalism and respect for fellow California citizens, the brief also dares to call the winners of the two Sacramento County Superior Court cases “a collection of special interests.” That’s how they treat citizens who seek California High-Speed Rail accountability.


Read the decisions of Sacramento County Superior Court Judge Michael P. Kenny:

November 25, 2013 California High Speed Rail Authority Bond Validation Lawsuit Ruling

High-Speed Rail Authority and High-Speed Passenger Train Finance Committee, for the State of California v. All Persons Interested in the Matter of the Validity of the Authorization and Issuance of General Obligation Bonds to be Issued Pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century and Certain Proceeding and Matter Related Thereto.

August 16, 2013 Tos Fukuda Kings County v California High-Speed Rail Prop 1A Ruling

November 25, 2013 Tos Fukuda Kings County v California High-Speed Rail Prop 1A Remedy

John Tos, Aaron Fukuda, County of Kings v. California High Speed Rail Authority, et al.