Archive for California Environmental Quality Act (CEQA)

Opponents of CEQA Reform Cite New Study with Union Connections (Who Wrote It, Who Paid for It?) – My Article in www.UnionWatch.org

March 12, 2013 / / No comments
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My article Opponents of CEQA Reform Cite New Study with Union Connections was posted on www.UnionWatch.org on March 12, 2013. Here’s the introduction:

A broad coalition opposing any changes to the California Environmental Quality Act (CEQA) held a press conference today (March 12, 2013) that included the findings of a newly-released study, The Economic and Environmental Impact of the California Environmental  Quality Act.

The study was written by a University of Utah professor with a long history of academic work biased toward the construction union agenda. It was funded by the union-affiliated California Construction Industry Labor-Management Cooperation Trust. Study results were summarized at the press conference by Bob Balgenorth, chairman of the California Construction Industry Labor Management Cooperation Trust and the former head of the State Building and Construction Trades Council of California.

Read the full article here: Opponents of CEQA Reform Cite New Study with Union Connections

Category: California Environmental Quality Act (CEQA), Labor-Management Cooperation Committees / Tags: , , , , , ,

Highlighting the Top Union Abuses of the California Environmental Quality Act (CEQA): My Latest Article in www.FlashReport.org

February 19, 2013 / / No comments
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FlashReport 2013-02-19I continue to see news articles and commentaries about reforming the California Environmental Quality Act (CEQA) that do not mention labor unions as practitioners of “greenmail,” that is, objecting to proposed projects and activities on environmental grounds to achieve economic objectives unrelated to the environment (such as Project Labor Agreements).

My article today in www.FlashReport.org, Highlighting the Top Union Abuses of the California Environmental Quality Act (CEQA), reports that journalists, political columnists, and opinion writers are more frequently referring to union CEQA abuse. In addition, I provide extensive documentation (with hyperlinks to primary source documents) for the top union CEQA objections in 2012 and 2013.

My top pick for the worst CEQA abuse of 2012 was against the San Diego Convention Center Expansion Phase 3 – see www.SanDiegoConventionCenterScam.com for more information.

My top pick for the worst CEQA abuse of 2013 (so far) is against two proposed geothermal power plants in Mono County – see www.PhonyUnionTreeHuggers.com for more information.

Category: California Environmental Quality Act (CEQA), Lawsuit Abuse, Lawsuit Abuse by Unions, Project Labor Agreements / Tags: , , , , , , , ,

Coalition for Fair Employment in Construction Asks How “Pretend Reform Can Become Real Reform” of the California Environmental Quality Act (CEQA)

February 12, 2013 / / No comments
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There are a few Californians who read my February 1, 2013 www.FlashReport.org article Republicans Have Opportunity to Broaden CEQA Reform and agreed with it. Not surprisingly, the Coalition for Fair Employment in Construction – long familiar with how unions exploit the California Environmental Quality Act (CEQA) to get Project Labor Agreements – expressed its support for my proposed strategy to Republicans in the California State Legislature and called my article “a must read for real reformers.”

Californians should NOT settle for a weak CEQA reform that only targets inconvenient and pesky little neighborhood community groups. It needs to target the true professional greenmailers.

Here’s an excerpt from the February 12, 2013 Coalition for Fair Employment in Construction PLA Update, a weekly emailed bulletin:

CEQA Reform Update: Union-Dominated California Legislature Continues with Pretend Reform

Union boss abuse of the landmark California Environmental Quality Act (CEQA) has been highlighted by CFEC and our allies for more than a decade. Such abuse has forced projects to be delayed or stopped altogether costing workers and our economy billions in lost wages and revenue.

The abuse of CEQA, undertaken solely by trade unions and their lap dogs in the radical “environmental” community, has now forced a few in the legislature to pretend they can fix a problem they cannot even bring themselves to admit the cause of for fear of offending their union masters.

The latest on this pretend legislation comes from many different perspectives, all of which is good as it makes sure this issue remains in the public spotlight.

Recently the Pasadena Star-News ran this piece (which must have been hard for them) admitting that reform is needed and that unions are one of the reasons why. The California Business Properties Association [on behalf of the CEQA Working Group - ed] published this embarrassing item throwing support behind “moderate reform” of CEQA. And the Santa Cruz Sentinel ran this editorial on the issue.

How can this pretend reform be turned into real reform?

Labor Issues Solutions’ Kevin Dayton explains how exactly this can be accomplished in this excellent piece, which is a must read for real reformers.

In the meantime we had last week just the latest example of how this law is being abused and why real reform is needed. The UT San Diego ran this story highlighting the love fest that took place at the California Coastal Commission’s recent board meeting where union bosses and “environmentalists” praised the approval of a new hotel in San Diego. Why the praise for a project they had both opposed for years? You guessed it: Their greenmail resulted in the owner caving and the project being built with a PLA (the owner having to admit the PLA would add $17 million to its cost).

Thus another lesson in exactly why it is California is ranked as the 51st best state to conduct business in. (Yep, even Puerto Rico beats us out.)

I’m eagerly awaiting the introduction of the CEQA reform bill to see how the Assembly Republican Caucus and Senate Republican Caucus respond to it. What strategy will they adopt on an issue for which they have some leverage because of a divided Democrat supermajority?

Dueling CEQA Coalitions:

CEQA Working Group – business groups that support CEQA reform.

CEQA Works – environmental groups and labor unions that oppose CEQA reform.

Phony Union Tree Huggers – very sensitive topic strictly off-limits for both coalitions.

Category: California Environmental Quality Act (CEQA), Construction Labor Issues, Lawsuit Abuse, Lawsuit Abuse by Unions, Project Labor Agreements / Tags: , , , , , , ,

My Article on www.UnionWatch.org: Unions Defy CEQA Reformers with Taunting Resolution

February 12, 2013 / / No comments
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Post on www.UnionWatch.org

The web site www.UnionWatch.org has posted my February 12, 2013 article entitled Unions Defy CEQA Reformers with Taunting Resolution. It reports on union involvement in a coalition to oppose changes to the California Environmental Quality Act (CEQA).

Despite their reputation as effective and extensive abusers of the California Environmental Quality Act (CEQA) to pursue economic objectives unrelated to environmental protection, California union leaders are strategically choosing to be vocal activists against CEQA reform.

Union leaders are obviously quite confident that corporate executives and the news media will hesitate to make them accountable for their practice.

…the resolution also reveals that unions know the psychology of their opponents. From their experience in union corporate organizing campaigns, union leaders recognize how business executives strive to protect their professional reputations and corporate images. The resolution is a warning to any corporate executive advocating for CEQA reform who might be tempted to explain publicly why unions oppose it.

Read more at Unions Defy CEQA Reformers with Taunting Resolution.

Category: California Environmental Quality Act (CEQA), Changing How California is Governed, Lawsuit Abuse, Lawsuit Abuse by Unions / Tags: , , ,

California Republicans Need to Ensure That Unions Don’t Evade California Environmental Quality Act (CEQA) Reform in 2013

February 5, 2013 / / No comments
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As interest groups await State Senator Michael Rubio’s introduction of his bill to revise the California Environmental Quality Act (CEQA), it’s becoming clear that this reform, as introduced, will not hinder the CEQA exploitation strategies used by California Unions for Reliable Energy, regional building trades councils, and individual unions to block proposed projects until the project owners commit to labor agreements or other economic concessions.

Despite not quite having one-third control of the California State Assembly and State Senate, Republicans may be able to influence CEQA reform and add appropriate and meaningful provisions that end union abuse of CEQA for purposes other than environmental protection.

My commentary Republicans Have Opportunity to Broaden CEQA Reform was published on February 1, 2013 in www.FlashReport.org. Here is a summary of my recommendations:

An Ideal Republican Response: Analyze Before Praising and Demand Real Reform

Considering that Senator Rubio may be able to ride on his leadership in CEQA reform to future statewide office, and considering that environmental groups may convince some legislative Democrats to oppose any CEQA reform, how should Republicans use their potential political leverage in response to Senator Rubio’s specific proposal?

When he actually introduces the bill, Republicans should refrain from immediate praise and support. Instead, they should take the time to analyze it, line-by-line, to determine if such language would have been effective in discouraging notorious union CEQA threats against projects such as Gaylord Entertainment’s now-abandoned Bayfront Hotel and Conference Center in Chula Vista or the San Diego Convention Center Expansion Phase 3, for which hotel and construction unions dropped CEQA objections after obtaining commitments for union monopolies in employment.

As a guide, Republicans may want to look at concepts proposed in past CEQA reform legislation such as Senate Bill 628 (2005), Senate Bill 1631 (2008), and Assembly Bill 598 (2012).

If Senator Rubio’s bill does nothing but suppress the simple CEQA complaints of elderly long-time California residents who are upset about an apartment complex proposed for their rural community, Republicans should resist the corporate pressure to vote for it anyway as pro-business “CEQA reform.”

Instead, Republicans need to ensure that Senator Rubio’s CEQA reform proposal discourages ALL parties that exploit CEQA for purposes unrelated to environmental protection, including unions that engage in “greenmail” to coerce labor agreements or other economic concessions from project applicants.

Without a coordinated caucus strategy, individual Republicans in the legislature will adopt their own strategies about planning and portraying their relevance in CEQA reform. If assessments are accurate such as the anonymous February 5, 2013 commentary in www.FlashReport.org entitled Sacramento Syndrome: Republicans Accept Their Status as the Political Hostages of Big Business, some Republicans may greet the Rubio proposal with instant enthusiasm, rather than appropriate skepticism and public attention to its shortcomings.

Opinion Pieces:

Phony Tree Huggers Are Abusing CEQA…CEQA Needs To Be Updated!!! – “Monday Morning Quarterback” bulletin of Associated General Contractors of San Diego – by Jim Ryan, Executive Vice President – February 4, 2013

Republicans Have Opportunity to Broaden CEQA Reform – www.FlashReport.org – op-ed by Kevin Dayton – February 1, 2013 (reprinted on the Families Protecting the Valley web site)

Senator Rubio’s CEQA Reform Gives Unions a Free Pass – Sacramento Bee – letter to the editor by Kevin Dayton – January 30, 2013

Rubio’s Interest in CEQA Reform Turns Out to Be Highly Selective – Bakersfield Californian – op-ed by Kevin Korenthal of KOREN Communications – January 29, 2013 (Kevin Korenthal was a guest on the Ralph Bailey Show, KNZR 1560 AM in Bakersfield on February 7, 2013 to talk about Senator Rubio’s CEQA reform and union greenmail.)

Rubio Would Gut CEQA for Public, but Not Touch Unions – Sacramento Bee – letter to the editor by Tim Bosley – January 20, 2013

Lead Democrat for “Reform” of the California Environmental Quality Act (CEQA) Never Mentions Unions as the Major Instigator of CEQA Abuse – www.LaborIssuesSolutions.com – January 14, 2013

Category: California Environmental Quality Act (CEQA), Lawsuit Abuse, Lawsuit Abuse by Unions / Tags: , , , , , , , , , , , , , , , , , , , , ,

Unveiled: New Website SanDiegoConventionCenterScam.com Exposes Truth Behind San Diego Convention Center Expansion Phase III

January 16, 2013 / / No comments
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The Coalition for Fair Employment in Construction emailed the following press release this morning (January 16, 2013) about an ambitious effort to untangle, organize, and expose questionable actions to the public regarding the planned San Diego Convention Center Expansion Phase III. It’s a web site:

www.SanDiegoConventionCenterScam.com.

I’ve written extensively on how construction unions and hotel/hospitality unions abused the California Environmental Quality Act (CEQA) to win a Project Labor Agreement and other labor concessions for this project. I even spoke at the September 19, 2012 meeting of the Board of Port Commissioners for the United Port of San Diego and revealed during public comment why unions had so many environmental objections to the proposed project (which they now eagerly support as a result of a subsequent deal.)

January 16, 2012

Contact: Eric Christen
(858) 431-6337 

WEBSITE DEDICATED TO EXPOSING WASTEFUL AND FRAUDULENT NATURE OF SAN DIEGO CONVENTION CENTER EXPANSION

From Rigged Bidding Process Intended to Give Unions Monopoly Building “Agreement” to Unanswered Environmental and Funding Questions Website Covers What Others Have Failed To

 

San Diego, CA – Today the website www.sandiegoconventioncenterscam.com was unveiled. This website is dedicated to exposing the waste, fraud, and abuse that underlies almost every aspect of this $600 million boondoggle. The website features groundbreaking exposés on every aspect of this project, most of which have received little if any attention from the media or anyone else in San Diego.

Among the issues covered by the website:

  • Is the convention center expansion really even needed?
  • Who is running this thing?
  • Who will pay for it and how?
  • How did the unions get a monopoly Project Labor Agreement (PLA) on this project?
  • Are environmental concerns being ignored?
  • Was the bid process that chose the general contractor rigged?
  • And much more

“When we began looking into this process we had a certain set of presuppositions regarding what this was really about,” said Eric Christen, one of the individuals behind the website. “But what we came away with was an understanding that this process is utterly corrupt through and through and is nothing more than a scam designed to enrich a few while sticking it to the vast majority of citizens, taxpayers, and workers of San Diego. It is shocking.”

The website will be regularly unveiling information intended to keep San Diego citizens and taxpayers up to date on this $600 million scam.

###

Website Dedicated to Exposing Wasteful and Fraudulent Nature of San Diego Convention Center Expansion - San Diego Rostra – January 16, 2013

Category: California Environmental Quality Act (CEQA), Construction Labor Issues, Government Fiscal Issues, Lawsuit Abuse, Lawsuit Abuse by Unions, Project Labor Agreements, Public Debt - Local / Tags: , , , , , ,

Lead Democrat for “Reform” of the California Environmental Quality Act (CEQA) Never Mentions Unions as the Major Instigator of CEQA Abuse

January 14, 2013 / / 3 comments
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UPDATE: The January 28, 2013 Sacramento Bee has a profile of Senator Michael Rubio in the context of his campaign to reform the California Environmental Quality Act (Moderate Michael Rubio Takes on California’s Environmental Law):

State Sen. Michael Rubio says he first wondered if something were wrong with California’s environmental review law during his days as a Kern County supervisor, when he saw it used to slow wind and solar projects he considered green by their very nature…he said he was “shocked” to see projects that could improve the environment and public health “delayed significantly by misuses and abuses of a wonderful statute.”

As you might expect, Rubio says nothing about how construction unions used CEQA to try to force a Project Labor Agreement on the Big West/Flying J refinery modernization in Bakersfield (see below) or on Recurrent Energy solar projects in Kern County.

Also, a January 20, 2013 letter to the editor of the Sacramento Bee responds to Rubio’s January 13, 2013 op-ed by noting that Rubio Would Gut CEQA for Public, but Not Touch Unions.

For more background on CEQA reform, see my three articles A First Crack at Analyzing the Proposed CEQA Reform: “The Sustainable Environmental Protection Act” of 2012, CEQA Reform is Over for This California Legislative Session: Sustainable Environmental Protection Act May Return in 2013, and Looks Like CEQA Reform Talks Are Underway…Good Luck People.

State Senator Michael Rubio (D-Bakersfield) is the leading voice in the California State Legislature for amending the California Environmental Quality Act (CEQA) to prevent people from using CEQA to block projects for reasons unrelated to environmental protection. (With less than one-third control of the Assembly and Senate, Republicans currently are not recognized as relevant by the state’s Establishment.)

I analyzed Senator Rubio’s proposed Sustainable Environmental Protection Act, introduced near the end of the 2012 legislative session, and concluded it would do little to prevent “greenmail” by unions that exploit CEQA with an objective of coercing developers into signing Project Labor Agreements, neutrality agreements, or other labor agreements. The bill mainly appeared to suppress the flailing and railing of small-time community activists.

On January 13, 2013, the Sacramento Bee presented a point-counterpoint entitled Should California Make Changes to Landmark 1970 Law? Writing for the position YES: Opponents Abuse CEQA to Derail Worthy Projects was Senator Rubio, and writing NO: We Should Resist Efforts to Weaken a Law that Works Well was Tom Adams of the law firm Adams Broadwell Joseph & Cardozo, who was identified as “the former board president of the California League of Conservation Voters, and a CEQA attorney.”

In his opinion piece, Rubio cites a few examples of groups of community activists or individuals using CEQA to prevent projects from getting built. But he never mentions unions.

Considering that Adams Broadwell Joseph & Cardozo is the dominant law firm in representing construction unions in CEQA actions, this omission is particularly stunning! But I’ve seen from experience that Senator Rubio has sympathy for unions that abuse CEQA. I posted the following comment under the article:

Kevin Dayton

There’s a notable omission in Senator Rubio’s critique about parties that abuse CEQA.

On October 21, 2008, the Kern County Board of Supervisors voted 5-0 to approve a $700 million expansion and modernization of the Big West/Flying J refinery in Bakersfield. This was the second Environmental Impact Report produced by the county for the project. The only remaining opposition of any substance to the project was from a South San Francisco law firm, which claimed to represent a mysterious organization called “Bakersfield Refinery Coalition.” At the October 21, 2008 meeting, an attorney for this law firm spoke during public comment and submitted a massive “document dump” objecting to the final Environmental Impact Report. It was a classic case of CEQA abuse.

Someone spoke from the public and revealed that the Bakersfield Refinery Coalition was six construction unions that wanted the refinery developer to sign a Project Labor Agreement so that only union workers would build the refinery project. The unions were the Plumbers and Steamfitters Union Local No. 460, the International Brotherhood of Electrical Workers (IBEW) Local No. 428, the Asbestos Workers Local No. 5, the Boilermakers Union Local No. 92, the Ironworkers Local No. 155, and the Road Sprinkler Fitters Union Local No. 669.

One of the Kern County Supervisors was irate about the criticism of the Bakersfield Refinery Coalition and criticized the commenter by name. He then praised the unions.

Which Supervisor? Michael Rubio, who would get union support in his campaign for California State Senate. See the video of the October 21, 2008 Kern County Board of Supervisors meeting, and go to 2:57:40 for Supervisor Rubio’s specific comments about the document dumpers:

http://www.co.kern.ca.us/bos/AgendaMinutesVideo.aspx

Eight-minute video showing the part of the September 15, 2008 Kern County Planning Commission meeting with the CEQA abuse:

http://www.youtube.com/watch?v=oR_jrXdbAgw

And what was the law firm that dumped the documents in front of Supervisor Rubio and the other Kern County Supervisors? Adams Broadwell Joseph & Cardozo.

What’s my point? Whatever CEQA reform you see in 2013 is going to be aimed at people who are trying to stop projects such as “affordable housing” from coming into their neighborhood. Unions won’t be hindered in their comprehensive, professionalized CEQA strategies.

Category: California Environmental Quality Act (CEQA), Lawsuit Abuse, Lawsuit Abuse by Unions, Project Labor Agreements / Tags: , , , , , , , , , , , , , , , , , , , ,

Looks Like CEQA Reform Talks Are Underway…Good Luck People.

December 18, 2012 / / One comment
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Senator Michael Rubio (D-Bakersfield) was the California state legislator who was poised to introduce the gut-and-amend Sustainable Environmental Protection Act to amend the California Environmental Quality Act (CEQA) in the waning days of the 2012 legislative session. (See my articles A First Crack at Analyzing the Proposed CEQA Reform: “The Sustainable Environmental Protection Act” of 2012 and CEQA Reform is Over for This California Legislative Session: Sustainable Environmental Protection Act May Return in 2013.)

Senator Rubio is now preparing a CEQA reform proposal for 2013. He tweeted this message on December 17, 2012:

Michael J. Rubio ‏@michaelrubio

Just leaving a mtg w/ 30 CEO’s and fellow legislators where we discussed modernizing CEQA. Thank you @CarlGuardino and SunPower for hosting!

Carl Guardino (@CarlGuardino) is the CEO of the Silicon Valley Leadership Group, the group that has been leading the charge at the California state legislature for CEQA reform. SunPower is a solar energy company that has sought approval to build power plants in the San Joaquin Valley. SunPower has signed Project Labor Agreements with unions to build some of these solar power plants.

After hearing about this meeting, someone sent me a cynical email:

Never happen. Too good a thing for union bosses to give up.

Considering that in the last legislative session, Senator Rubio introduced and pushed the construction union-backed Senate Bill 922 and Senate Bill 829 to nullify or discourage Fair and Open Competition policies prohibiting local governments from requiring Project Labor Agreements, I agree it is quite unlikely that Senator Rubio will proposed any legislation that hinders the ability of construction unions to use CEQA as a tool in extorting Project Labor Agreements from developers. (See It Didn’t Take the First Time: Governor Brown Signs Union Bill #2 to Discourage Voters and City Councils from Banning Project Labor Agreements.)

Who else cared about this meeting? Senator Rubio’s tweet was retweeted or favorited by two journalists and also by the following people:

@ArnoHarris - CEO of Recurrent Energy, one of North America’s leading solar project developers, Board Chair of #SEIA and Board Member of #AEE.

Recurrent Energy is another solar energy company that has sought approval to build power plants in the San Joaquin Valley. Recurrent Energy has signed Project Labor Agreements with unions. California Unions for Reliable Energy (CURE) has targeted proposed projects of Recurrent Energy.

@chrisshimoda - Manager of Environmental Policy at the California Trucking Association.

This reminds me that the Teamsters Joint Council 7 union filed a CEQA lawsuit in 2010 court to stop construction of Madison Dearborn’s VWR International Laboratory Equipment Distribution Facility in Visalia. They claimed to be concerned that trucks would execerbate global waming, but what they really wanted was a collective bargaining agreement for the truckers.

@joe_lacava - land use consultant with the firm Avetterra in La Jolla (in San Diego)

Marcela Escobar-Eck@SanDiegoLandUse - keeping San Diego informed of breaking trends in Land Use, Community Development Issues and Regulatory trends…. and a few other things. A land use consultant with Atlantis Group in San Diego.

Robert Cruickshank@cruickshank - “Welcome back to the fight. This time I know our side will win.” Left Coast

Cruickshank does a lot of diverse policy and political consulting for the Left in a model similar to what I try to do for the Right, but he seems to be more successful at it, perhaps because his side is winning now.

@MrJacobMejia – Public Affairs representative for the Pechanga Indian Reservation near Temecula. The tribe owns and operates the Pechanga Resort & Casino and directly employs more than 5,000 people.

In November, this tribe recently came to an agreement with Granite Construction Company to resolve a seven-year dispute over a proposed gravel quarry. CEQA was central in that fight. See Pechanga to Buy Quarry Site – San Diego Union-Tribune – November 15, 2012.

Category: California Environmental Quality Act (CEQA), Lawsuit Abuse, Lawsuit Abuse by Unions, Project Labor Agreements / Tags: , , , , , , , , , , , , , , , , , , , , , , ,

YOU Can Help Advance a Specific, Defined Plan to Defend Economic and Personal Freedom in California in 2013

December 15, 2012 / / 2 comments
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You’re Not Alone in California (Although It May Feel Like It Right Now) If You Answer YES to These Three Questions:
  1. Are you concerned about how the State of California and its regional and local governments excessively interfere with commerce and inappropriately intrude on your household affairs?
  2. Are you looking for someone with a specific, defined plan to hinder some of the costly utopian dreams and schemes of elected and appointed officials in what is now essentially a one-party state?
  3. Do you seek pro-active opportunities to make financial contributions or provide advisory support in the quest for economic and personal freedom, without squandering your money or time on professional firms that are parasites on the conservative/libertarian movement? 
Consider Financial Sponsorship or an Advisory Role for a Specific Piece of the 2013 Strategic Plan for Labor Issues Solutions, LLC:

I have more than 15 years of experience in California opposing, deterring, and often stopping the political agenda of special interest groups that see ordinary taxpayers as an easy victim.

I focus on the unglamorous grunt work of research, analysis, strategy, and implementation. You won’t read flattering profiles about me in the Sacramento Bee or Los Angeles Times, but you can read about my recent work via links on my home page and in my 220 comprehensive Dayton Public Policy Institute blog posts written during the past eight months.

In 2013, I’ll be testing the potential of neglected checks and balances in our federal, state, and local constitutions to derail plots for more government control of your money, your business, and your lifestyle.

Obviously there isn’t much market demand in California right now for advocates of free markets and minimalist government. PRINCIPLES motivate me in my vocation.

None of the items in my 2013 strategic plan (below) involve professional campaign consultants. Labor Issues Solutions, LLC is efficient, nimble, and frugal.

My 2013 Strategic Plan for Labor Issues Solutions, LLC
I. Exercising the Power of City Charters: A Check and Balance Against the State
  1. Encourage and help California cities to ask their citizens to enact charters that free municipal affairs from costly state mandates.
  2. Encourage and help California’s 121 charter cities to maximize their potential to circumvent costly state mandates and control their own municipal affairs.
  3. Develop and circulate a model charter more aggressive than any charter now in existence.
II. Improving Accountability of Government to the Taxpayers
  1. Help educate Californians about bond measures and how they authorize governments to borrow money that must be paid back – with interest – to investors. Emphasize the dangers of Capital Appreciation Bonds.
  2. Offer assistance to improve professionalism and collaboration among California’s legitimate regional and local taxpayer groups.
III. Exposing Crony Capitalism Run Amok in California

Research, compile, and expose the following:

  1. All financial contributions to campaigns to pass K-12 school district and community college district construction bond measures, in a presentation that is accessible and understandable to ordinary citizens, since the passage of Proposition 39 in 2000 reduced the voter approval threshold to 55%.
  2. All assessed financial transaction fees for the sale of bonds by K-12 school district and community college districts, in a presentation that is accessible and understandable to ordinary citizens, since the passage of Proposition 39 in 2000 reduced the voter approval threshold to 55%.
  3. All private and government financial contributions and expenditures to support the campaign for the California High-Speed Rail, in a presentation that is accessible and understandable to ordinary citizens.
  4. All sources of campaign contributions to state and local elected officials during the past ten years, in a presentation that is accessible and understandable to ordinary citizens.
IV. Revealing the Astonishing Debt for Future Generations of Californians to Pay Off

Research, compile, and expose the following:

  1. The total amount of bond debt for California’s K-12 school district and community college district construction bond measures, in a presentation that is accessible and understandable to ordinary citizens.
  2. The total amount of all debt for the state and all 5000+ local governments in California, in a presentation that is accessible and understandable to ordinary citizens.

V. Documenting the Exploitation of the California Environmental Quality Act (CEQA) for Purposes Unrelated to Environmental Protection

Research, compile, and expose the following:

  1. Law firms, organizations, and individuals that abuse CEQA in pursuit of economic objectives.
  2. Common strategies used to abuse CEQA.
VI. Improving the Accuracy of State-Mandated Construction Wage Rates (“Prevailing Wages”)

File petitions with the California Department of Industrial Relations to do the following:

  1. Clarify the accuracy of prevailing wage determinations.
  2. Adopt regulations clarifying the procedure for prevailing wage determinations. 
VII. Establishing a New Free Market Think Tank Oriented Exclusively for Californians
  1. Promote a think tank with a vision statement similar to this: The people of California will enjoy unprecedented prosperity and peace because they recognize, seek, and act to implement a proper role of government as minimal, non-intrusive, and fully accountable and transparent to the people when engaging in its limited functions.
  2. Promote a think tank with a mission statement similar to this: Recognizing that all significant events in history are a reflection of intellectual ideas, the Institute will educate the people of California to understand that a prosperous and peaceful state depends on a proper conception of government as minimal, non-intrusive, and fully accountable and transparent to the people when engaging in its limited functions.
How to be a Financial Sponsor of an Item in the 2013 Strategic Plan:

1. Make out a check to Labor Issues Solutions, LLC.

2. Choose the item in the 2013 Strategic Plan (above) and indicate in the check memo line. I will email and call you with regular updates on my progress with your chosen item.

3. Mail to the following address:

Kevin Dayton
President & CEO
Labor Issues Solutions, LLC
3017 Douglas Blvd., Suite 300
Roseville, CA 95661-3850

4. Note: a contribution to Labor Issues Solutions, LLC is not tax-deductible. It is a payment for services.

5. Questions: contact Kevin Dayton at (916) 439-2159 or via the contact form here.

How to Have an Advisory Role for an Item in the 2013 Strategic Plan

1. Do you have special interest or expertise in one of the items in the 2013 strategic plan? Would you like to help Labor Issues Solutions, LLC to fulfill this plan?

2. Would your organization enjoy a presentation about one or more of the items in the 2013 strategic plan? 

3. If so, contact Kevin Dayton at (916) 439-2159 or via the contact form here.

Category: California Environmental Quality Act (CEQA), California School Construction, Changing How California is Governed, Construction Labor Issues, Government Fiscal Issues, Lawsuit Abuse, Lawsuit Abuse by Unions, Prevailing Wage, Public Debt - Local, State Business Climate / Tags: , , , ,

Unions File Yet Another CEQA Lawsuit Against Proposed Hotel in San Diego: Fat City Hotel Is Latest Target

December 14, 2012 / / No comments
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Excerpts from this article were included in my December 18, 2012 www.UnionWatch.org article UNITE HERE Becomes San Diego’s Leading Environmental Organization.

On behalf of San Diego-based UNITE-HERE Local Union No. 30, the South San Francisco law firm of Adams, Broadwell, Joseph & Cardozo filed a lawsuit in San Diego County Superior Court on December 5, 2012 alleging that the City of San Diego, the San Diego Planning Commission, and the Centre City Development Corporation improperly approved the proposed Fat City Hotel Project.

First proposed publicly in March 2012, this project would be a two-tower, 364-room hotel in San Diego’s “Little Italy” district. Parties initially involved in this development were Frank Fat Properties LP and Jonathan Segal (an architect), but the parties now developing the project are FC Acquisition Company LLC, which includes T2 Development and GLJ Partners. (See Fat City Hotels Property Sold, New Developer Takes Over: T2 Development Reportedly Planning a Hilton Hotel – San Diego Union-Tribune – August 28, 2012.)

As reported in the May 30, 2012 San Diego Union-Tribune article Fat City Hotel Approved Over Labor Objections and in the July 26, 2012 San Diego Union-Tribune article Fat City Hotels Project Wins Final OK: Planning Commission Denies Appeal from Hotel Workers, the hotel workers’ union has been pestering the hotel developers for a while:

The final opposition came from Unite Here Local 30, the local hotel workers union. There is no appeal from the commission vote.

Pamela N. Epstein, representing the union, said the project conflicted with city land-use plans, citing a maximum of hotel rooms that would be allowed in Little Italy where the site is located.

“Evidence does not support its designation as a resort hotel,” Epstein added.

But staff said the project complied with city rules and Commissioner Mary Lydon wondered why the union was involved, especially since new hotels mean new jobs.

“Why you brought this forward, to me, it’s a total miss,” Lydon said.

UNITE-HERE Local Union No. 30 claims that the project needs a project-specific Environmental Impact Report (EIR) under the California Environmental Quality Act (CEQA). Local agencies approved the project under the conclusion that the potential environmental impacts of this project were addressed in a 2006 “Program Environmental Impact Report” for future downtown redevelopment. See the San Diego Planning Commission staff report for the July 26, 2012 meeting concerning UNITE-HERE’s appeal of the Centre City Development Corporation’s approval of the project.

The appropriate question reporters and public officials need to ask UNITE-HERE Local Union No. 30: will the union drop its lawsuit if the developers agree to a collective bargaining agreement with UNITE-HERE for hotel employees, along with some minor “environmental mitigation” to provide camouflage for the true purpose of the CEQA lawsuit?

In addition, is UNITE-HERE also asking the developers to require their contractors to sign a Project Labor Agreement with the San Diego County Building and Construction Trades Council?

Category: California Environmental Quality Act (CEQA), Lawsuit Abuse, Lawsuit Abuse by Unions, Project Labor Agreements / Tags: , , , , , , , , , , , , , ,

Riverside Press-Enterprise Publishes My Commentary: Don’t Blame Wal-Mart for Fighting CEQA Abuse

December 5, 2012 / / No comments
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The Sunday, December 2, 2012 Riverside Press-Enterprise published my opinion piece Don’t Blame Wal-Mart for Fighting CEQA Abuse. It is a response to a Riverside Press Enterprise editorial from November 25, 2012, Big-Box Browbeating, which I felt lacked an important perspective: labor unions and other groups routinely exploit the California Environmental Quality Act (CEQA) to suppress potential competition or to coerce labor agreements or other payoffs from developers (a practice known as “greenmail”).

On October 30, 2012, a California appeals court ruled in Tuolumne Jobs & Small Business Alliance v. Superior Court of Tuolumne County (Wal-Mart and the City of Sonora, Real Parties in Interest) that a city cannot bypass CEQA and approve a project if voters qualify a ballot measure to approve the project.

The Sonora Planning Commission and the Sonora City Council didn’t seem to have objections to Wal-Mart in their town. “The legal battle slowing down Wal-Mart’s expansion frustrates Sonora Mayor Hank Russell,” according to an article in the November 19, 2012 Bay Citizen (Ruling Is Win for Environmental Law, Loss for Wal-Mart):

These people just want to delay a process that should be part of a free market economy. I don’t think it’s the city’s role to decide who can compete.

The League of California Cities and the Howard Jarvis Taxpayers Association’s foundation submitted amicus briefs on behalf of the City of Sonora, which had won approval to bypass CEQA in Tuoloumne County Superior Court.

Meanwhile, the true identity of Tuolumne Jobs & Small Business Alliance does not appear to be public. Another mysterious group called CREED-21 (Citizens for Responsible Equitable Environmental Development) submitted an amicus brief on behalf of the Tuolumne Jobs & Small Business Alliance.

A variety of anonymous organizations purporting to represent local citizens challenge proposed Wal-Mart superstores (Wal-Marts that sell groceries) using CEQA. Some of these groups are reportedly fronts for the United Food and Commercial Workers (UFCW) union, which represents grocery store workers in the older, “legacy” grocery stores in California such as Safeway, Raley’s, Vons, Albertsons, Ralphs, Save Mart, and Stater Bros.

A November 21, 2011 California Watch article (Wal-Mart Ramps Up Ballot Threats to Speed New Stores) reported on the Wal-Mart ballot measure strategy and claimed it “raises questions about whether California’s communities – dogged by economic woes – can afford an aggressive use of the state’s system of direct democracy.”

I guess it would not be “progressive” to ask whether California’s communities – dogged by economic woes – can afford an aggressive misuse of the state’s environmental laws by unions and other leftist organizations that philosophically object to so-called “big box stores.” Has Wal-Mart ever considered releasing a list of the phony front groups and the names of the law firms that object to the Environmental Impact Reports (EIRs) and file CEQA lawsuits?

The law firm representing Tuolumne Jobs & Small Business Alliance is Herum Crabtree, based in Stockton. A web search indicates this firm has also used CEQA to challenge proposed Wal-Marts in the Northern California and Central California cities of Elk Grove, Lodi, Ceres, Tracy, American Canyon, Bakersfield, and Anderson.

Citizens for Responsible Equitable Environmental Development (CREED-21) is represented by the Briggs Law Corporation. A web search indicates this firm has used CEQA to challenge proposed Wal-Marts in the Southern California cities of Tehachapi, Apple Valley, Lake Forest, Victorville, Ontario, San Bernardino, Hesperia, Menifee, Gelndora, Barstow, Rialto, Murrieta, and Vista.

These are not the only law firms prominent in using CEQA to stop Wal-Mart.

A lawyer based in Davis named William D. Kopper has used CEQA to hinder the construction of Wal-Mart superstores. A web search indicates this firm has used CEQA to challenge proposed Wal-Marts in the Northern California cities of Redding, Red Bluff, Oroville, Linda, Yuba City, Galt, Stockton, Ukiah, Santa Rosa, and Gilroy. Kopper also exploits CEQA on behalf of construction trade unions seeking Project Labor Agreements from developers proposing private residential and commercial projects in Northern California.

The law firm of M.R. Wolfe & Associates, based in San Francisco, has used CEQA to challenge Wal-Mart projects. A web search indicates this firm has used CEQA to challenge proposed Wal-Marts in the Northern California and Central California cities of Antioch, Fremont, Hayward, Suisun City, Madera, Porterville, Visalia, Delano, Atascadero, and Rohnert Park.

Mark Wolfe used to work at the law firm of Adams Broadwell Joseph & Cardozo, the CEQA lawyers of choice for California Unions for Reliable Energy (CURE) and individual construction trade unions. I did not find any evidence through a web search that Adams Broadwell Joseph & Cardozo has ever worked for a client who objected to a Wal-Mart on CEQA grounds.

Category: California Ballot Initiatives, California Environmental Quality Act (CEQA), Lawsuit Abuse, Lawsuit Abuse by Unions, Project Labor Agreements, State Business Climate / Tags: , , , , , , , , , , , , , , , , , , , , , , , , , ,

Environmental Lawyers Make Long Trek to Mono County to Block Geothermal Energy Projects so Unions Can Get a Project Labor Agreement

November 17, 2012 / / One comment
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UPDATE: On December 14, 2012, Laborers Union (LIUNA) Local No. 783 (with the jurisdiction of San Bernardino, Mono, and Inyo Counties) filed a lawsuit (Concerned Bishop Residents v. County of Mono) in Mono County Superior Court claiming that the Mono County Board of Supervisors violated the California Environmental Quality Act (CEQA) when it approved Ormat Technologies‘ replacement project for the Mammoth Pacific Unit 1 geothermal power plant.

The union filed the lawsuit with four individuals under the name “Concerned Bishop Residents.” The lawsuit notes that Laborers Union members “regularly travel to the Mammoth Lakes area of Mono County to enjoy its peaceful repose.” I’m sure they would also enjoy travel to the Mammoth Lakes area of Mono County to enjoy a union work monopoly under a Project Labor Agreement.

Latest News Coverage:

Union Advocacy Group Sues Over Geothermal Plant Project - Mammoth Times – January 11, 2013

More Time to Comment on New Geothermal Plant Proposal – Mammoth Times – January 11, 2013 (related to Casa Diablo IV proposed plant, includes references to union CEQA challenges to Ormat Technology’s Mammoth Pacific 1 replacement project)

The Mono County Board of Supervisors is not yet on my California Local Government Logbook, but the lawyers of Adams Broadwell Joseph & Cardozo have it on theirs. They went to a November 13, 2012 Board of Supervisors meeting (as well as an October 22, 2012 Mono County Planning Commission meeting) on behalf of California Unions for Reliable Energy (CURE) to object under the California Environmental Quality Act (CEQA) to construction permits given to Ormat Technologies (based in Reno, Nevada) for proposed power plant construction and upgrades within the Casa Diablo Geothermal Complex.

And the county supervisors know their racket.

Here are some excerpts from an article in the November 16, 2012 Mammoth Times entitled County Give Thumbs Up to Geothermal Plant Expansion. The local reporter covering the story totally understands what’s going on, unlike some of the reporters in the big city papers who cover state and local government approval of proposed power plants.

The Mono County Board of Supervisors soundly rejected an appeal of a plan to expand the Casa Diablo geothermal plant Tuesday, after two out of area (mostly) union advocacy groups appealed the project during an almost five-hour public hearing. It’s the second time the groups have been in Mono County in the past few months. On Oct. 22, the county planning commission approved the project and recommended it to the county supervisors for approval. The groups filed an appeal shortly after and on Tuesday, they came armed for a fight. They got one…

It was supposed to have been a routine expansion, and it moved through the past several years with very little controversy – until several non-local groups, claiming to be unionized renewable energy plant workers, objected. These out-of-area groups claimed they were concerned for the environment and dumping hundreds of pages of said objections into the mandated state environmental review document process.

But research by the county and the MT shows the groups have used the same techniques before at other planned renewable energy power facilities, with the seeming intent to pressure applicants into using unionized workers, and they didn’t, they’d face more costly delays…

Other newspaper articles have stated that the same groups also tried the same tactic with a proposed geothermal plant in Imperial County this week – and were blocked by the county supervisors…

Calls to CURE were not returned before press time.

They will never call back; their response will come in the courts. Here are the agenda items from the November 13, 2012 meeting of the Mono County Board of Supervisors:

10a) PUBLIC HEARING 2:30 p.m. 60 minutes

California Unions for Responsible Energy appeal of the Planning Commission approval of the Mammoth Pacific I Replacement Project

Planning Commission approval of Conditional Use Permit No. 12-004 and Final Environmental Impact Report for the Mammoth Pacific I Replacement Project filed by California Unions for Reliable Energy (CURE).

(Courtney Weiche) – Public hearing regarding appeal of Planning Commission approval of Conditional Use Permit No. 12-004 and Final Environmental Impact Report for the Mammoth Pacific I Replacement Project filed by California Unions for Reliable Energy (CURE).

Staff Report to Mono County Board of Supervisors on CURE Appeal

Recommended Action: Conduct a public hearing to receive all relevant information in considering the appeal filed by CURE and either affirm, affirm in part (i.e., modify), or reverse the Planning Commission’s actions. If the Board affirms, or affirms in part, the Planning Commission’s actions, then it should: Adopt “Resolution Denying Appeal of CUP 12-004 and FEIR Adoption for the Mammoth Pacific Replacement Project Filed by California Unions for Reliable Energy (CURE); Certifying and Adopting the FEIR for the Project; and Affirming the Planning Commission’s Approval of CUP 12-004.

Fiscal Impact: The cost of the appeal is being borne by the applicant.

Additional Departments: Economic Development

10b) PUBLIC HEARING 60 minutes

Laborers Int’l Union of North America appeal of Planning Commission’s approval of Mammoth Pacific I Replacement Project

(Courtney Weiche) – Public hearing regarding appeal of the Planning Commission approval of the Final Environmental Impact Report, Clarifying General Plan Amendment 12-003(b) [sic], Conditional Use Permit 12-004, Variance 12-002, Reclamation Plan 12-001, and Notice of Decision for the Mammoth Pacific Replacement Project filed by Laborers International Union of North America, Local 783 (LIUNA).

The LIUNA appeal, too large to attach with the packet can be viewed by going to Laborers Union Appeal.

Recommended Action: Conduct a public hearing to receive all relevant information in considering the appeal filed by LIUNA and either affirm, affirm in part (i.e., modify), or reverse the Planning Commission’s actions.

If the Board affirms, or affirms in part, the Planning Commission’s actions, then it should: Adopt the “Resolution Denying Appeal of Planning Commission Approval of CUP 12-004, Variance 12-002, Reclamation Plan 12-001, FEIR Findings and Adoption, Notice of Determination and General Plan Amendment [sic] for the Mammoth Pacific Replacement Project Filed by Laborers International Union of North America, Local 783 (LIUNA); Certifying and Adopting the FEIR for the Project; and Affirming the Planning Commission’s Project Approvals.”

Fiscal Impact: All costs associated with appeal are borne by the applicant.

See a copy of the California Unions for Reliable Energy (CURE) appeal to the Mono County Community Development Department Planning Division – Mammoth Pacific 1 Replacement.

Category: California Environmental Quality Act (CEQA), Project Labor Agreements / Tags: , , , , , , , , , , , , , , , ,

San Diego Union Officials Ignored Global Warming-Related Sea Level Rise in Environmental Settlements for San Diego Convention Center Expansion, Despite Identifying It as Major Deficiency Under CEQA

November 15, 2012 / / 2 comments
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UPDATE: More news coverage from KPBS:

Coastal Commission Concerned About Sea Level Rise and Convention Center Expansion – KPBS (San Diego) - January 28, 2013

Note: for background on the deal referenced below, see Unions Get Control of San Diego Convention Center Expansion: CEQA Abuse Is Effective, Fair and Open Competition Ordinance Evaded and Coalition for Fair Employment in Construction Obtains City of San Diego Settlement Agreements with Unions for Convention Center. Also, the San Diego County Building and Construction Trades Council just issued a press release (dated November 15, 2012) celebrating the Project Labor Agreement on the San Diego Convention Center expansion, although the unions have STILL not released the document for public scrutiny.

After getting a Project Labor Agreement and other labor concessions as part of a deal to withdraw their environmental complaints about the proposed San Diego Convention Center Expansion Phase III project, did top San Diego union officials allow the Port of San Diego to move forward with the project, despite knowing that the Port’s final Environmental Impact Report (EIR) prepared under the California Environmental Quality Act (CEQA) omitted critical analysis of rising sea levels caused by global warming?

The answer seems to be YES. Although quite aware of risk to the project from a rising sea level (as proven by comments submitted on behalf of unions about the draft EIR), union officials and their environmental lawyers with the South San Francisco law firm of Adams Broadwell Joseph & Cardozo did not address in their environmental settlement agreements this glaring failure of the Port to abide by CEQA. (See the environmental settlement agreements: Settlement Agreement – Building Trades Unions – San Diego Convention Center – 2012 and Settlement Agreement – Various Construction Trade Unions – San Diego Convention Center – 2012).

Even when the unions stumbled on a major problem with the EIR, they were willing to back off on forcing the Port to correct it, as long as unions obtained a monopoly on the work.

Lorena Gonzalez – the Secretary-Treasurer/CEO of the San Diego and Imperial Counties Labor Council and apparent ringleader of the union environmental complaints - is a believer in global climate change, as shown by this “Resolution in Support of Preserving Environmental Laws and Building Environmental Partnerships” she signed on April 20, 2010. As someone with an undergraduate degree, a law degree, and a master’s degree from highly prestigious institutions of higher learning, surely she recognizes with her educated, enlightened peers that “the science is settled” and agrees with the California State Legislature that a future rising sea level will be a catastrophe for the State of California unless proactive measures start now.

Nevertheless, it isn’t the unions, but KPBS news (in San Diego) that is focusing on the deficiency in the Port’s EIR with an article today (November 15, 2012) reporting on dire new revelations about the proposed expansion of the San Diego Convention Center. The article Flood Maps Raise Questions About Convention Center Expansion warns that “the expanded version of the Convention Center could be inundated with seawater by mid century if climate change predictions are accurate.”

According to the article, “Allowing the development anyway could require massive protection measures with a huge price tag…the extent of potential flood risk along the tideline is alarming far beyond the convention center project if public agencies do nothing…Despite knowing the convention center expansion could be underwater in 2050, the port commission voted unanimously in September to move forward using the old data. Meanwhile, commissioners decided this week to hold a retreat on how to handle climate change.”

I have posted two comments under the article pointing out that both the Alliance for a Cleaner Tomorrow and the unions were aware of this deficiency in the Port’s Environmental Impact Report and noted it in their June 29, 2012 comments to the Port. But the unions chose to ignore it once their “greenmail” achieved their objective – unrelated to environmental protection – to require construction contractors to sign a Project Labor Agreement.

Here are my comments:

Kevin_Dayton | today at 6:02 p.m.

Interesting…I see that the Alliance for a Cleaner Tomorrow noted the risk to the convention center expansion in its June 29, 2012 comments to the Port of San Diego concerning the draft Environmental Impact Report:

11. The Report Needs to Warn the Public about the Massive Wall that Might Be Needed to Hold Back the Flood Waters from Inundating the Project as Global Warming Raises Sea Levels

California government agencies such as the California Energy Commission, the California Ocean Protection Council, and the California Environmental Protection Agency commissioned a report released in 2009 by the Pacific Institute that shows California coastal areas at risk of inundation or frequent flooding because of the rising sea level caused by global climate change.

It’s surprising that the Draft EIR doesn’t address this looming problem, as the San Diego Unified Port District collaborated in the development of the Sea Level Rise Adaptation Strategy for San Diego Bay, published by the San Diego Foundation in February 2012.

This Draft EIR needs to include a Sea Level Action Plan developed using information from the following sources: (1) the 2009 California Climate Adaptation Strategy prepared by the Natural Resources Agency, (2) the Report on Sea Level Rise Preparedness prepared by the State Lands Commission, (3) the Sea Level Rise Assessment Report prepared by the National Academy of Sciences, (4) the resolution of the California Ocean Protection Council on Sea-Level Rise, (5) the State of California Sea-Level Rise Interim Guidance Document, and of course (6) the Sea Level Rise Adaptation Strategy for San Diego Bay.

The Port should have listened to the Global Catastrophe experts at the Alliance for a Cleaner Tomorrow, who get their outstanding scientific insight on the future from statements of the California State Legislature and stuff they hear on TV. Now the Port will need to build a massive sea wall or build the convention center in Santee in anticipation of the future shoreline.

( comment permalink )

Kevin_Dayton | today at 7 p.m.

Whoa! I just looked at the comments about the Port’s draft EIR submitted on June 29, 2012 by the law firm of Adams Broadwell Joseph & Cardozo on behalf of “San Diego Coalition for a Better Convention Center,” a front group for the San Diego County Building and Construction Trades Council and UNITE HERE Local 30. They have several pages of comments pointing out how the EIR did not consider rising sea levels.

See those comments starting on page 35 of this document:

http://laborissuessolutions.com/wp-content/uploads/2012/10/2011-Adams-Broadwell-DEIR-Convention-Ctr-Letter.pdf

But here is the strange thing: look at the environmental settlement agreements that the City of San Diego just signed with the unions as part of a deal for the unions to withdraw their CEQA environmental complaints. Nothing whatsoever is mentioned in the settlement agreements about mitigation for rising sea levels. NOTHING!

Why didn’t the unions and their world-renowned environmental lawyers with Adams Broadwell Joseph & Cardozo pursue this issue with the diligence that KPBS is putting into this issue? For some reason, the unions no longer considered it important after a Project Labor Agreement was signed for construction of the convention center expansion. But now we find that rising sea levels could SINK the project altogether!

See the two union environmental settlement agreements here:

http://laborissuessolutions.com/wp-content/uploads/2012/11/Settlement-Agmt-Building-Trades-Unions-San-Diego-Convention-Center.pdf

http://laborissuessolutions.com/wp-content/uploads/2012/11/Settlement-Agmt-Various-Construction-Trade-Unions-San-Diego-Convention-Center.pdf

Category: California Environmental Quality Act (CEQA), Project Labor Agreements / Tags: , , , , , , , , , ,

Coalition for Fair Employment in Construction Obtains City of San Diego Settlement Agreements with Unions for Convention Center

November 15, 2012 / / 2 comments
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Late yesterday afternoon, the San Diego City Attorney’s Office provided representatives of the Coalition for Fair Employment in Construction with three “settlement agreements” meant to end union environmental objections to the proposed Phase III expansion of the San Diego Convention Center. The Project Labor Agreement for construction has not been obtained yet.

1. ENVIRONMENTAL SETTLEMENT AGREEMENT FOR THE CONVENTION CENTER PHASE III EXPANSION AND EXPANSION HOTEL PROJECT BY CITY OF SAN DIEGO; SAN DIEGO COALITION FOR A BETTER CONVENTION CENTER; SAN DIEGO COUNTY BUILDING AND CONSTRUCTION TRADES COUNCIL; UNITE HERE LOCAL 30; AND BILLIE JOHNSON:

Settlement Agreement – Building Trades Unions – San Diego Convention Center – 2012

2. SETTLEMENT AGREEMENT FOR THE CONVENTION CENTER PHASE III EXPANSION AND EXPANSION HOTEL PROJECT BY AND BETWEEN CITY OF SAN DIEGO; BRIGETTE BROWNING; SERGIO GONZALES; AND UNITE HERE LOCAL 30

Settlement Agreement – UNITE-HERE Union Local 30 – San Diego Convention Center – 2012

3. ENVIRONMENTAL SETTLEMENT AGREEMENT FOR THE CONVENTION CENTER PHASE III EXPANSION AND EXPANSION HOTEL PROJECT BY CITY OF SAN DIEGO; CITY OF SAN DIEGO CITY COUNCIL; SAN DIEGO CONVENTION CENTER FACILITIES DISTRICT NO. 2012-1; COALITION FOR RESPONSIBLE CONVENTION CENTER PLANNING; TERRY LUTNICK; CINNA BROWN; AARON MICHAELSON; INTERNATIONAL BROTHERHOOD OF ELECTRIC (sic) WORKERS LOCAL 569; UNITED ASSOCIATION OF PLUMBERS & STEAMFITTERS LOCAL 230; SHEETMETAL WORKERS LOCAL 206; AND IRONWORKERS LOCAL 229

Settlement Agreement – Various Construction Trade Unions – San Diego Convention Center – 2012

Category: California Environmental Quality Act (CEQA), Construction Labor Issues, Project Labor Agreements / Tags: , , , ,

Unions and Mayor in San Diego Brag to the Public about San Diego Convention Center Construction Deal, But Refuse to Provide It to the Public

November 13, 2012 / / No comments
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Looks like the San Diego and Imperial Counties Labor Council and the San Diego Building and Construction Trades Council got a little too cocky about their election successes on November 6.

They inexplicably joined the Mayor of San Diego on November 8 for a press conference to announce a deal about construction of the proposed San Diego Civic Center expansion. But they selectively withheld key information about the deal and were caught in a trap by the press.

As I reported on November 8 (see Unions Get Control of San Diego Convention Center Expansion), San Diego Mayor Jerry Sanders, Labor Council CEO Lorena Gonzalez, officials with the joint venture construction manager Clark/Hunt, and others appeared at an unexpected press conference on November 8 to triumphantly announce a “deal” that would end union environmental objections to the planned expansion of the San Diego Convention Center.

I hear that many of San Diego’s most prominent civic leaders were surprised about the hasty scheduling of this salute to the effectiveness of extortion using the California Environmental Quality Act (CEQA). Obviously the press conference was organized and carried out with limited notice in order to avoid disruption by certain organizations that oppose Project Labor Agreements and oppose the exploitation of CEQA to coerce Project Labor Agreements from development interests. This union practice is called “greenmail” (blackmail using environmental laws) and is rampant in California, including the San Diego area.

None of the speakers at the press conference mentioned a Project Labor Agreement in their formal statements. But the San Diego Merit Shop construction industry and its allies had promoted the issue over the past several years, and suspicious reporters afterwards reportedly asked if a Project Labor Agreement was part of the deal. The answer, of course, was YES.

Today (November 13, 2012), the San Diego Union-Tribune published an excellent article (Convention Center Deal Revives Rift Over Pacts) outlining what is known about the union deal. It reports a similarity between the circumstances of this deal and those surrounding the proposed San Diego Padres baseball stadium (Petco Park) in 1999 and 2000, when unions withdrew environmental objections in conjunction with the announcement of a Project Labor Agreement. The article also points out the secretive nature of this agreement:

When Mayor Jerry Sanders, joined by San Diego labor leader Lorena Gonzalez, announced last week that the city’s unions would be reversing course and supporting the project, he made no mention of the labor pact. He focused instead on agreements the city had worked out with the unions to resolve environmental and worker safety issues they had raised that could have put the waterfront project in jeopardy when it goes before the California Coastal Commission next year…Tom Lemmon, business manager for the Trades Council…was unwilling to provide a copy of what he says is a private agreement…

Of course! The deal to build this public project is so wonderful that the public won’t be allowed to see it! Let’s celebrate.

I Tweeted this message after reading this story:

Kevin Dayton ‏@DaytonPubPolicy

“Mr. Lemmon, let the People see your San Diego Convention Center deal! Mr. Lemmon, let the People read your agreement!”  

I also Tweeted this announcement:

Kevin Dayton ‏@DaytonPubPolicy

1st California example of Left overreach after election: unions hide “deal” for San Diego Convention Ctr public project

The unions are absolutely determined to keep the Project Labor Agreement secret, because labor policy experts will have a primary source document to analyze and criticize if it gets in circulation. Eric Christen of the Coalition for Fair Employment in Construction has damaged the reputation of this deal by exposing its existence, but now the public need to obtain the Project Labor Agreement and read it, instead of believing government-sanctioned propaganda issued at a press conference.

Category: California Environmental Quality Act (CEQA), Construction Labor Issues, Project Labor Agreements / Tags: , , , , , , , , , ,
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