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City explores bankruptcy
The Daily Journal ^ | May 16, 2009 | Dana Yates

Posted on 05/17/2009 9:36:46 AM PDT by glorgau

Two of Northern California’s top bankruptcy attorneys will visit Half Moon Bay Tuesday to explain to the City Council how it could go about filling Chapter 9 bankruptcy, said Mayor John Muller. The council is exploring ways to pay an $18 million settlement over a land dispute. It is pursuing state legislation for a loan, but if it cannot raise the cash soon it will be forced to pay developer Charles “Chop” Keenan the full amount before the end of the year. The settlement threatens to bankrupt the city. State Sen. Leland Yee, D-San Francisco/San Mateo, and Assemblyman Jerry Hill, D-San Mateo, are working together on legislation that would require the California Infrastructure and Economic Development Bank, a low-interest financing authority, to loan the city $10 million as soon as the bill is signed into law. The bill SB/AB 650, recently passed out of the Local Government Committee, but hit a bump in the Senate Natural Resources and Water Committee when the chair questioned the use of the “I-Bank” to loan money to the municipality. The bill continues to change as legislators seek its passage. It started as a $10 million allocation from Proposition 84, the park bond, to Half Moon Bay for the preservation of the disputed property. It was then changed to a loan, but may not meet “I-Bank” requirements. Former state assemblyman Gene Mullin also attempted to pass legislation previously to ease Half Moon Bay’s financial hardship. Options seem to be running out for Half Moon Bay, but Muller is still hopeful. “I’m very confident [that legislation will be passed]. I have to be,” Muller said. Without legislation, the city is seriously considering filing Chapter 9 bankruptcy, essentially following in the footsteps of Vallejo. The lawyers at Tuesday’s meeting includes one that represents Vallejo and will explain the bankruptcy process and “how difficult it is,” Muller said. Unlike Chapter 10 or Chapter 11, a municipality faces stricter regulations for filing for bankruptcy and must still pay all its debts, Muller said. The meeting is informational and no decisions will be made. However, Muller suggests any resident who thinks bankruptcy could be an easy out for the city should attend, he said. Half Moon Bay spent more than a decade in a legal dispute with Keenan over the Beachwood property. In 2007, Half Moon Bay was slapped with a $41 million federal judgment for trying to prevent development on the property by allegedly making it into wetlands. That judgment was later dropped when Keenan agreed to a settlement that allowed the city to pursue state legislation allowing him to build on the site or else pay him $18 million. The Half Moon Bay City Council meets 7 p.m. Tuesday, May 19 at the Ted Adcock Community Center, 535 Kelly Ave.


TOPICS: Constitution/Conservatism; US: California
KEYWORDS: coastalcommission
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There are very few municipalities as smug as Half Moon Bay. They've had this coming for a very long time.
1 posted on 05/17/2009 9:36:46 AM PDT by glorgau
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To: glorgau

oops, sorry about the paragraphs.


2 posted on 05/17/2009 9:37:18 AM PDT by glorgau
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To: glorgau

Two of Northern California’s top bankruptcy attorneys will visit Half Moon Bay Tuesday to explain to the City Council how it could go about filling Chapter 9 bankruptcy, said Mayor John Muller.

The council is exploring ways to pay an $18 million settlement over a land dispute. It is pursuing state legislation for a loan, but if it cannot raise the cash soon it will be forced to pay developer Charles “Chop” Keenan the full amount before the end of the year. The settlement threatens to bankrupt the city.

State Sen. Leland Yee, D-San Francisco/San Mateo, and Assemblyman Jerry Hill, D-San Mateo, are working together on legislation that would require the California Infrastructure and Economic Development Bank, a low-interest financing authority, to loan the city $10 million as soon as the bill is signed into law.

The bill SB/AB 650, recently passed out of the Local Government Committee, but hit a bump in the Senate Natural Resources and Water Committee when the chair questioned the use of the “I-Bank” to loan money to the municipality.

The bill continues to change as legislators seek its passage. It started as a $10 million allocation from Proposition 84, the park bond, to Half Moon Bay for the preservation of the disputed property. It was then changed to a loan, but may not meet “I-Bank” requirements. Former state assemblyman Gene Mullin also attempted to pass legislation previously to ease Half Moon Bay’s financial hardship.

Options seem to be running out for Half Moon Bay, but Muller is still hopeful.

“I’m very confident [that legislation will be passed]. I have to be,” Muller said.

Without legislation, the city is seriously considering filing Chapter 9 bankruptcy, essentially following in the footsteps of Vallejo.

The lawyers at Tuesday’s meeting includes one that represents Vallejo and will explain the bankruptcy process and “how difficult it is,” Muller said.

Unlike Chapter 10 or Chapter 11, a municipality faces stricter regulations for filing for bankruptcy and must still pay all its debts, Muller said.

The meeting is informational and no decisions will be made. However, Muller suggests any resident who thinks bankruptcy could be an easy out for the city should attend, he said.

Half Moon Bay spent more than a decade in a legal dispute with Keenan over the Beachwood property. In 2007, Half Moon Bay was slapped with a $41 million federal judgment for trying to prevent development on the property by allegedly making it into wetlands. That judgment was later dropped when Keenan agreed to a settlement that allowed the city to pursue state legislation allowing him to build on the site or else pay him $18 million.

The Half Moon Bay City Council meets 7 p.m. Tuesday, May 19 at the Ted Adcock Community Center, 535 Kelly Ave.


3 posted on 05/17/2009 9:38:25 AM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: glorgau

“What goes around, . . .

“You reap what . . .


4 posted on 05/17/2009 9:39:13 AM PDT by A_Former_Democrat
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To: glorgau
They've had this coming for a very long time.

I don't know about hmb, but just about every municipality I've seen has been freaking smug since the half-wits that run 'em started smoking crack at their annual, nationwide get togethers.

And they've also all had it coming for a very long time. And not one of thier "CEO's" will ever do a perp walk, much less prison time.

5 posted on 05/17/2009 9:42:42 AM PDT by the invisib1e hand (the machines will break.)
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To: glorgau

wasn’t it Half Moon Bay that decided that after school homework assignments were too onerous for their children and stopped the practice, or at least discussed doing so?


6 posted on 05/17/2009 9:42:57 AM PDT by avital2
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To: glorgau

Except it will be the taxpayer who will foot their bill.


7 posted on 05/17/2009 9:43:12 AM PDT by bgill (The evidence simply does not support the official position of the Obama administration)
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To: glorgau

The problem was entirely created by the city government, and now they get to go broke.

So sad, too bad.


8 posted on 05/17/2009 9:44:03 AM PDT by patton (Oligarchy is an absorbing state in the Markov process we find ourselves in. Sigh.)
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To: DuncanWaring

I think the judgement should go against every elected member of the city government PERSONALLY. They all need to be destroyed financially. Arrogance of government is astounding. Fight fight, obfuscate, cheat, dissemble, lie, lie and lie some more. They all should be cleaned out of every cent and valuable property they own for interfering with the rights of another for personal/political reasons. I hope they end up homeless.


9 posted on 05/17/2009 9:44:03 AM PDT by Gaffer
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To: glorgau
The judgment should be paid by the voters of Half Moon, who elected their representatives to carry out their will. They are the guilty party and should pay. Voting is a responsibility with consequences, unlike a mere opinion poll.
10 posted on 05/17/2009 9:44:37 AM PDT by Mark was here (The earth is bipolar.)
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To: Gaffer

I would vote for that.


11 posted on 05/17/2009 9:45:20 AM PDT by patton (Oligarchy is an absorbing state in the Markov process we find ourselves in. Sigh.)
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To: glorgau

Does this mean that “Chop” Keenan gets the keys to City Hall? Can he turn it into a condo?


12 posted on 05/17/2009 9:46:26 AM PDT by Steely Tom (RKBA: last line of defense against vote fraud)
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To: bgill
Except it will be the taxpayer who will foot their bill.

As it should be. The taxpayers put them in there.

13 posted on 05/17/2009 9:47:06 AM PDT by VeniVidiVici (Obama has raised gas prices 40%. Thank you Obamination!)
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To: glorgau

Bankrupt state, bankrupt city, morally bankrupt Senator.


14 posted on 05/17/2009 9:49:18 AM PDT by bigbob
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To: glorgau
My wifes aunt and uncle live in Half Looney Bay. This couldn't be happening to a nicer bunch of folks.

L

15 posted on 05/17/2009 9:49:38 AM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: glorgau
>ping<

In the general neighborhood where you live, no?
Thought it might be of interest insofar as Astoria's possible future.

16 posted on 05/17/2009 9:50:14 AM PDT by Landru (Arghh, Liberals are trapped in my colon like spackle or paste.)
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To: glorgau

City needs to be made to pay the developer every dime, plus interest.
If the locals don’t like it, let them “discuss it” with their high-handed local officials.


17 posted on 05/17/2009 9:54:16 AM PDT by Redbob (W.W.J.B.D.: "What Would Jack Bauer Do?")
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To: glorgau
Good!

I have worked with a number of city councils and most of them are smug, arrogant, and self aggrandizing, fully believing that nothing that they do can be wrong simply because they vote it so.

Half azz Moon bay can pony up for as long as it takes.
Maybe the voters will bring forth a new type of Representative, one who is not so cavalier with the taxpayers money. - but I doubt it.

18 posted on 05/17/2009 9:54:44 AM PDT by bill1952 (Power is an illusion created between those with power - and those without)
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To: VeniVidiVici
As it should be. The taxpayers put them in there.

Chapter 9 Bankruptcy is at the federal level. Please explain why the rest of the US has to pay for this town's stupidity.

19 posted on 05/17/2009 9:55:39 AM PDT by bgill (The evidence simply does not support the official position of the Obama administration)
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To: glorgau

They should just raise taxes. :)


20 posted on 05/17/2009 9:59:28 AM PDT by Tzimisce (http://groups.myspace.com/nailthemessiah)
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