NewGeography.com blogs

The California State Auditor's report title says it all: High-Speed Rail Authority: It Risks Delays or an Incomplete System Because of Inadequate Planning, Weak Oversight, and Lax Contract Management.

The report, which can fairly be characterized as "damning," criticizes the California High Speed Rail Authority on a wide range of issues, some of which go to the very heart of the project itself.

For example, the State Auditor says that without additional bond funding from the taxpayers, the state "may have to settle for a plan covering less than a complete corridor." Given the financial and administrative disarray of the California High Speed Rail Authority, this is a distinct possibility, which was raised by the Reason Foundation California High Speed Rail Due Diligence Report, released in September of 2008 (co-authored by Joseph Vranich and me).

This could produce a system that spectacularly fails to meet the promises of its promoters, while enriching the income statements mostly offshore firms that build trains and of firms that failed so spectacularly in managing the Big Dig in Boston. Martin Engel, who leads an organization of concerned citizens on the San Francisco peninsula frequently notes that the real driving force behind high speed rail is spending the money. In this regard, the California High Speed Rail Authority will deliver the goods. The vendors and consultants will get their money.

The State Auditor also raises questions about the potential to attract the substantial private investment necessary to completing the project. This is a legitimate concern, since the California High Speed Rail Authority has raised the possibility of government revenue guarantees for private investors. This could lead to "back door" taxpayer payment of the "private" investment.

The Authority continues to skirt legal requirements. The State Auditor notes that the "peer review" committee, ordered by state law in 2008, is still not fully constituted. This is not surprising for an agency that delayed its publication of a legally mandated business plan from two months before the 2008 bond election to days after it.

In its response, the California High Speed Rail Authority was relegated to taking issue with the report's title, characterizing it as "inflammatory" and "overly aggressive." It hardly seems inflammatory and overly aggressive to point out that an ill-conceived plan is rushing headlong to failure. The State Auditor rightly dismissed the criticism saying: "We disagree. The title accurately characterizes the risks the Authority faces, given our findings."

This potential financial debacle could not have come at a worse time for California. California's fiscal crisis is of Greek proportions. Economist Bill Watkins has raised the possibility of a default on debt. Former Mayor Richard Riordan has suggested bankruptcy for Los Angeles, the nation's second largest municipality.

Unlike many in California, Riverside's Press-Enterprise in high-speed rail in the context of California's bleak financial situation: The dearth of answers to basic fiscal questions suggests that taxpayers might end up paying for big financial deficiencies in the rail plans. Deficit-ridden California has better uses for public money; no list of state priorities includes dumping countless billions into faster trains.

Few would want to be in Los Angeles Mayor Antonio Villaraigosa's shoes. The Mayor, a tireless ally of public employee unions through his career is in the uncomfortable position of being forced to choose between his allies and the taxpayers. To his credit, as hard as it is, the Mayor seems inclined to favor the interests of the citizens who the city was established to serve in preference to the interests of those who are employed to serve the people. But the circumstances place the Mayor of having to approach the city's unions with an inappropriateness that lays bare fundamental flaws in the public sector collective bargaining arrangements that have emerged over the past one-half century. Noting that the unions have a choice between layoffs and cutting pay, the Mayor told The Wall Street Journal I was a union leader now. Rather than lay off workers and cut services, I'd agree to a pay cut.

The Mayor has been relegated to asking the city's unions to make decisions that should only be made by the city itself. The Mayor has asked the unions to accept pay cuts, so that impending public service cuts can be minimized. In effect, the unions are being asked to make a fundamental policy choice that should be the city's alone to make. The city of Los Angeles, the Mayor and the city council, are the legal policymaking body for the city of Los Angeles. There is no state statute or provision of the city charter that grants policy making authority to others.

Yet, under the public sector labor bargaining system that has emerged, the city may have no choice, unless it is willing to file Section 9 bankruptcy to void the union contracts and impose a solution that favors the interests of the citizenry. A predecessor, former Mayor Richard Riordan has called for such a filing. Short of that, perhaps the city should require some sort of a "sovereignty" clause in the next round of negotiation that permits labor contract provisions to be altered during emergency situations, so that public service levels can be preserved.

Whatever the solution, the union public policy authority is an ill-gotten gain. This is not to suggest that the unions are wrong for having exercised the power; that is only natural. However, they should never have been able to gain such a position.

It is fundamentally wrong for the city of Los Angeles and countless other municipal jurisdictions around the nation, to have abdicated its policy authority over recent decades. There is a need for a new public employment paradigm in which the incentives of governance favor the interests of the households that make up the cities, towns and counties.

What started as a humble video segment for Reason TV has mushroomed into a lot of positive PR for Houston (and less than positive for Cleveland).  It started with famous actor and comedian Drew Carey working with the libertarian Reason Foundation on a video series about saving Cleveland, his hometown.  Houston is held up as a "best practice" example for land use regulation.  There are lots of suggestions and positive comparisons to Houston on red tape (minutes 29:20 thru 32), zoning (37:30), and opportunity (47:50). Yours truly has a short cameo at 38:55. (If you want to be able to jump around, the trick is to start playing it, then hit Pause. You'll see the grey loading indicator continue to download the video. Come back later after it's fully loaded and you'll be able to jump to any point you like.)

After the series was released to the internet and Forbes declared Cleveland the Most Miserable City in America, John Stossel at FOX Business News picked it up.  A friend of mine loaned me a DVD of the 45 minute show (thanks Nolte), but I haven't been able to find it online.  There are shorter segments about it here and here.  The first one jumps right into talking about Houston 16 seconds in, and the second one jumps into Houston around 40 seconds and 58 seconds in.  The Cleveland newspaper writes about the show here.

Unfortunately, one of the professors he has on the show to present the other side brings up another one of those Houston myths that just won't die: that you can build anything next to anything, including a strip club next to a day care center or school.  No, we have narrow nuisance and SOB regulations to prevent that.   We also have private deed restrictions. You don't have to prescriptively control everything to prevent the worst-case scenarios.

Then Bill O'Reilly picks up the story in an interview with Stossel (hat tip to Jessie):

STOSSEL: People go to where the weather is good. We already have...

O'REILLY: Well, you can't blame the city for the weather. I mean, look at Chicago. Great city, bad weather. Boston, come on. You can't blame the city for the weather.

STOSSEL: You can rank them for that. And you can blame the politicians for saying we're going to raise taxes to build our wonderful projects, and that's going to make things better. The cities that prosper like Houston are the cities that have fewer rules and lower taxes.

O'REILLY: But remember Houston used to be the crime capital? They cleaned that place up pretty well.

STOSSEL: But Cleveland has 22 zoning categories. Houston has none.

O'REILLY: Twenty-two zoning categories? Very hard.

STOSSEL: In Cleveland, to start a business, a politician bragged, "We could get you in there in just 18 months." In Houston, one day.

O'REILLY: One day? The problem with no zoning is you can have, you know, the No-Tell Motel right next to you. And...

STOSSEL: You could. But that rarely happens. And it's not an ugly city, Houston.

O'REILLY: No, I didn't say it was ugly. Who said it was ugly?

STOSSEL: Lots of people. No zoning. The city planner said it will be ugly. You will have...

O'REILLY: We have a lot of Houstonians watching "The Factor," and I love going to Houston. All right. There you are, the Forbes magazine list, and Stossel laying it down.

We've come a long way.  Five or ten years ago, you couldn't find many people - including libertarians - that were willing to hold Houston up as a land-use model in public because our reputation was so bad.  But now they do, and it's (slowly) changing our national reputation for the better.

This post originally appeared at HoustonStrategies.com

If someone is just finding out last week that Wall Street is profiting from the crisis it created, then I have only one question for them – "what rock have you been living under for the last two years?"

I’ve been shining a bright light on this since I first joined NewGeography.com to cover finance. From one of my first articles in November 2008, where I explained the nuances of financial innovations – “Who stands to gain? … Citigroup, Goldman Sachs, JP Morgan and Morgan Stanley …. You can do the math from there.” – to recent blogs on the impact of stimulus and bailout spending – “Goldman Sachs … even got transaction fees for managing the Treasury programs that funded the bailouts.” – I hope that it has been more obvious than painful that you have to take personal responsibility for your finances because you can’t rely on Wall Street to do it for you.

Last week, the SEC charged Goldman Sachs with civil fraud. On Friday, a group of investors filed a lawsuit against Goldman’s executives for behaving in an “unlawful” manner and for “breaches of fiduciary duties” – meaning they were reckless with other people’s money. Goldman is also being sued by the Public Employee’s Retirement System of Mississippi for lying about the real value of $2.6 billion in mortgage-backed securities (MBS). I remind you that there’s a good chance that Goldman (and other Wall Street banks) were and are selling MBS that don’t have mortgages behind them – as I like to put it, there’s no “M” in their “BS”.

In a nauseating twist to the story, AIG (according to sources for the Business Week article) insures Goldman’s board again investor lawsuits – so AIG may be paying the costs of defending Goldman’s executives in addition to any fines or settlements on the cases. AIG is still on bailout life support from US taxpayers. In December 2009, the Federal Reserve Bank of New York took $25 billion worth of AIG preferred stock as partial payback for the $182.3 billion bailout.

Even less shocking to readers of NewGeography.com should be the story that the SEC lawyers were busy surfing the internet for pornography when they should have been preventing this stuff from happening in the first place. I wrote an article last February about bailed-out Wall Street bankers spending taxpayer money on prostitutes. Those SEC staffers will need to be up to date on all things unholy when they head for the door that leads them to more lucrative jobs on Wall Street.

Like the arsonist who gets the insurance payoff after burning down his own house, the Wall Street bankers profited from transaction fees in creating the crisis, profited from the bailout payoffs funded by the U.S. taxpayers and they continue to profit from their credit derivatives as the whatever was left standing begins to collapse around us. Like most Americans, I think I’d get some sense of satisfaction from seeing someone in handcuffs over what has been done to the value of our savings and the global reputation of our capitalist system.

With President Obama’s approval ratings headed downward, there’s a growing interest in the powerful Cook County politicians that pushed Obama. James Peterson has written a three part series on Chicago Machine boss, Alderman Ed Burke. The series was written for Andrew Breitbart’s Big Government website.

The first installment of the series deals with Alderman Burke’s association with the Chicago Mob. Burke’s unapologetic relationship with Alderman Fred Roti, who was described by the FBI (in 1999) as one of only 47 made members of the Chicago Mob. Peterson quotes this resolution Burke entered into Chicago’s City Council glorifying Roti:

Fred B. Roti, a committed public servant, a cherished friend of many and good neighbor to all, will be greatly missed and fondly remembered by his many family members, friends and associates.

Peterson’s second article deals with top FBI informer Robert Cooley’s accusation that Alderman Burke attempted to fix a murder trial for the Chicago Mob. Even though Cooley repeated this accusation, Burke failed to sue him or the publisher of the book. Peterson also deals with the sensitive subject of Alderman Burke’s relationship with Chicago’s media. Peterson quotes a 2003 Chicago Sun-Times story:

The curious public feud between City Council’s most powerful alderman and one of Chicago’s highest profile television reporters was turned up a notch Wednesday. Unable to persuade WLS-TV Channel 7 to pull reporter Andy Shaw off the City Hall beat because of the bed and breakfast Shaw and his wife run out of their Lincoln Park home, Finance Committee Chairman, Edward M. Burke (14th) did what he considers to be the next best thing. He introduced a legislative “order” directing six city departments—Fire, Revenue, Buildings, Streets and Sanitation, Zoning and Public Health—to enforce “any and all provisions” of the municipal code at only one address:607 West Deming. That happens to be the address of the Windy City Urban Inn, where the Shaws have continued to rent seven rooms at their three-story mansion…

Part three deals with Alderman Burke and the legitimate world. Peterson delves into the relationship Burke has had with the law firm Jenner and Block. Peterson quotes an a 1997 Chicago Sun-Times story:

Ald. Edward M. Burke (14th), whose decisions on hiring lawyers in the City Council ward remap case have funneled $7.5 million in city fees to the prominent Jenner and Block law firm, holds co-counsel status with that firm in two recent lawsuits, court records show. Burke’s links with the firm do not appear to violate any laws or regulations…

Managing partner Jerold Solovy – who is the lead attorney in the remap case – was treasurer of the unopposed 1996 campaign for Illinois Appellate Court justice of Anne Burke, the alderman’s wife. And prominent [Jenner and Block] partner John Simon served as her campaign chairman. The firm provided $14,414.15 in services and money to the campaign.

The firm hired Burke’s daughter Jennifer A. Burke in June, 1995, shortly after she graduated 173rd in a class of 385 from Chicago Kent College of Law. In making new hires, the firm usually draws top students from the nation’s leading law schools. Two weeks ago, Burke, whose name has been linked to the federal investigation of ghost payrolling at City Hall, hired Jenner and Block partner and former U.S. Attorney Anton Valukas to represent him in that inquiry.

Anyone interested in the place President Obama came from should read all three articles in detail. Alderman Burke is one key people who fast tracked Obama’s career. You’ll also want to read about the Chicago Democrats and the Chicago Mob. When Rod Blagojevich’s trial starts on June 3, the names of Tony Rezko, Jesse Jackson Jr., Valerie Jarret, Rahm Emanuel, and David Axelrod, and Barack Obama are guaranteed to be mentioned. They are part of the Chicago Democratic Machine, a Machine with Alderman Burke at the top.