Tuesday, July 7, 2015

Kings County grand jury, supervisors disagree on high-speed rail actions


The Kings County grand jury took the county’s Board of Supervisors to task last week for blocking an agreement with the California High-Speed Rail Authority to fund a program for displaced businesses and for spending public money on lawsuits over the controversial rail route’s effect on private land.
In its annual report, the 2014-15 grand jury said it received a complaint about how much money the county has spent to fight the high-speed train project in court as well as a lack of public discussion before supervisors gave a green light to the expenditures. While grand juries often review government practices, they lack the force of law.
They said the county doesn’t own any land that’s affected by the rail, but our job is to be a voice for the people who are going to be affected by this.
Kings County Supervisor Doug Verboon, reacting to the grand jury’s criticism of the Board of Supervisors
The county’s multi-pronged legal battle against the California High-Speed Rail Authority dates to at least late 2011, when Kings County joined with farmer John Tos and Hanford resident Aaron Fukuda to challenge the rail authority’s financing, business and development plans. That lawsuit alleges that the plans don’t comply with requirements of Proposition 1A, the $9.9 billion high-speed rail bond approved by voters in 2008. Only one portion of that case remains to be decided later this year in Sacramento County Superior Court.
Last year, the county — along with the Kings County Farm Bureau and Citizens for California High-Speed Rail Accountability — sued the rail authority over its environmental certification and route approval of the Fresno-Bakersfield portion of the statewide rail line, alleging an inadequate analysis of environmental effects under the California Environmental Quality Act. That case is also pending in Sacramento County Superior Court.
Additionally, the county has filed five documents over the past two years with the Federal Surface Transportation Board, one of which opposed the rail authority’s petition for approval of the Fresno-Bakersfield section and three against the state’s desire for the federal board to declare that its jurisdiction takes precedence over California’s environmental law. That issue is due to come before the California Supreme Court this year.
But because the county doesn’t own any property affected by the rail route, except for public road rights of way, grand jury members questioned the use of county resources — as much as $150,000 or more, plus the value of staff time — on the legal fight.
The legal confrontation also prompted the Board of Supervisors in February to deny a request by the Kings County Economic Development Corporation to enter into an agreement for the rail authority to underwrite a relocation-assistance program to help businesses that would be affected or displaced by the rail route through Kings County. According to the grand jury report, supervisors denied the agreement “in order not to give any indication of support” for the high-speed rail project.
The grand jury questioned that reasoning. “The denial of grants is preventing possible funding sources for those that could be displaced, regardless of the results of current litigation,” the jurors concluded. “The Board of Supervisors should not be blocking or denying beneficial funding sources for county residents and businesses.”
County Supervisor Doug Verboon, who served as the board’s chairman last year, said he was disappointed by the grand jury’s report. He added that he doesn’t believe the grand jury members properly grasped the county’s position in the legal fight or in rejecting the agreement for relocation assistance.
“They interviewed me for about an hour or two,” Verboon said. “But I think they never understood what we’re trying to do, which is to hold the authority accountable. … They said the county doesn’t own any land that’s affected by the rail, but our job is to be a voice for the people who are going to be affected by this.”
Verboon bristled at the notion that the board blocked relocation assistance for businesses that will be displaced by construction of the rail route. “That’s not something that the rail authority should be putting on the county,” he said. “It’s their job to help the people who are being hurt by the impacts. Our job is to make sure that high-speed rail stays accountable to make those people whole.”
The county’s official response to the grand jury report, a letter signed by new board chairman Richard Fagundes, also strongly disagreed with the panel’s findings. The decision to pursue litigation against the rail authority “was deliberated extensively by the board in closed session … but this was done against a backdrop of many discussions in open session,” he said.
Regarding the relocation assistance, the board’s response echoed Verboon’s comments. “The county already works tirelessly with its landowners and constituents and will continue to do so,” the letter stated. “The ‘grant’ was imply an offer of reimbursement that came with no certainty and many responsibilities. The Board of Supervisors is not willing to use precious time and resources administering an onerous contract when it can use the resources to help directly and is not willing to be burdened with the Authority’s responsibilities. …”
But while it is willing to spend time and resources on the various legal fronts, exactly how much is uncertain. Last year, the Board of Supervisors added $150,000 to the County Counsel’s budget for 2014-15, including almost $75,000 to retroactively cover costs from the 2013-14 budget year.
In August, County Counsel Colleen Carlson estimated that the county had spent about $82,000 in legal expenses to that point, in addition to the value of time spent by her and staff in her office. Carlson did not provide an estimate of how many hours her office had put into the case, or the approximate value of that time, but she added that the financial burden was greatly reduced because other attorneys are working on the cases at no charge to the county.
A budget memo prepared for Kings County’s 2013-14 budget noted the strain the cases have put on Carlson’s office, including “demanding and implementing coordination and enforcing and protecting the process required by law; extensively reviewing and commenting (500 comments) on the massive revised and supplemented environmental document (17,000 pages plus); writing to the Federal Surface Transportation Board (‘STB’) to oppose High Speed Rail’s request for an exemption to the construction permit requirement and insisting the STB do a full investigation of the underlying environmental documents before deciding; preparing documents, researching and working with the Proposition 1A litigation team to oppose Prop. 1A bond validation in separate proceedings; extensive ongoing research and coordination to ensure accountability and compliance by the Authority; (and) preparation of testimony for congressional hearings.”
In 2014-15, the county counsel took on the added responsibility of “commenting on the latest business plan; participating in litigation commenced by the County; … defending a petition for the (rail) Authority to encroach on County possessed land to drill and test for the project; (and) extensive ongoing research and coordination to ensure accountability and compliance by the Authority.”
July 6, 2015
The Fresno Bee
By Tim Sheehan

No comments: