Tag Archive for City of Grover Beach

My Report on www.UnionWatch.org: Tracking California’s November 2012 Elections Related to Labor Issues

See my article posted this morning (November 5, 2012) on www.UnionWatch.org called Tracking California’s November 2012 Elections Related to Labor Issues.

If you are a regular reader of the Dayton Public Policy Institute blog (a project of Labor Issues Solutions, LLC), you know a lot about the following races in California:

  • Proposition 32 – Stop Special Interests state ballot measure (includes “paycheck protection”)
  • Measure V – proposed charter in Costa Mesa
  • Proposition P – proposed charter in Escondido
  • Measure I-12 – proposed charter in Grover Beach
  • Measures Q and R – authorization to borrow $414 million through bond sales for construction at Sacramento City Unified School District (which imposes Project Labor Agreements)
  • Measure Q – authorization to borrow $348 million through bond sales for construction at Solano Community College District  (which imposes Project Labor Agreements)
  • Measure E – authorization to borrow $360 million through bond sales for construction at West Contra Costa Unified School District (which imposes Project Labor Agreements)
  • Proposition Z – authorization to borrow $2.8 billion through bond sales for construction at San Diego Unified School District (which imposes Project Labor Agreements)

There are also some elections for local government offices in California that have significance for people interested in labor policy issues.

City of San Diego

If Republican Ray Ellis defeats Democrat Councilwoman Sherri Lightner for the one undecided city council race (in La Jolla), Republicans will have a 5-4 majority on the city council. What a change from ten years ago, when Republicans almost disappeared from a city council they had long controlled. (I credit the Republican Party of San Diego County for this transformation: see my www.FlashReport.org article The Untold Story: Years of Challenging, Unglamorous Work Led to Big Republican Election Night in San Diego on June 5.

Republican Councilman Carl DeMaio stands a good chance of defeating Democrat Congressman Bob Filner and getting elected as Mayor of San Diego. A few weeks ago I wrote an article comparing DeMaio’s campaign to the 2010 campaign of Rob Ford, a libertarian-oriented city council member who unexpectedly won election as Mayor of Toronto, Ontario, Canada. (See Carl DeMaio’s Campaign for Mayor of San Diego Echoes Rob Ford’s Successful Campaign for Mayor of Toronto.) Chris Reed wrote the following in a November 1, 2012 article for The American Spectator (Anger Mismanagement on the Ballot; linked at www.CalWatchdog.com as Will San Diego Elect a Gay Libertarian or a Snarling Misanthrope as Mayor?):

All this is remarkably good news for DeMaio and for libertarians who have long wondered what a government run by a Reason-blessed true believer would be like…If Filner has this [negative] effect on enough people, in five weeks time, America’s eighth-largest city will inaugurate as mayor a brash reformer bent on transforming the government status quo. Thanks to a June initiative primarily authored by DeMaio, San Diego is by far the largest U.S. city to have ended costly defined-benefit pensions for nearly all its new hires. As mayor, DeMaio would ramp up San Diego’s already-aggressive attempts to bid out a wide array of government services. He also wants to end automatic “step” pay increases given to public employees just for years on the job and to finally bring to government the productivity revolution that has fueled U.S. private-sector growth for two decades. The goal, DeMaio told me in April, is to set up a national model for downsized, efficient government. If elected, DeMaio appears likely to have a GOP majority on the City Council. If these more conventional Republicans back him up, San Diego could become Ground Zero for government experimentation – of a sort that many will call radical but that libertarians will call long-overdue.

City of Costa Mesa (Orange County)

In the City of Costa Mesa, three of the four city councilmembers (the 3Ms, Gary Monahan, Steve Mensinger, and Colin McCarthy) who voted in 2011 with Councilman Jim Righeimer to “outsource” government services and put the Measure V charter on the ballot in 2012 are running as a slate. They are challenged by a slate of three candidates associated with a group called Costa Mesans for Responsible Government who oppose outsourcing and the charter. Obviously this a battle based largely on labor issues.

City of Brentwood (San Francisco Bay Area, in Contra Costa County)

In the City of Brentwood, unions are trying to keep Mayor Bob Taylor in office. Taylor voted in 2009 and 2010 to require contractors to sign a Project Labor Agreement to build the city’s civic center and associated parking garage. I wrote about this race in Electrical Workers Union Tries to Salvage Political Career of City of Brentwood Mayor Robert Taylor (Bob Taylor) and Contra Costa Times Recognizes Fiscally Responsible Candidates for Brentwood City Council: Endorsements EXCLUDE Project Labor Agreement Supporters.

Who Paid the Bills for the Mailers Opposing the Proposed Charter (Measure I-12) in Grover Beach? No One.

The No on Measure I-12 campaign created a web site and sent two mailers to voters in the City of Grover Beach urging them to vote against Measure I-12, which would enact a charter for the City of Grover Beach. What does it reveal about this mysterious campaign?

Campaign Finance Report No on I-12 Charter for Grover Beach Expenditures

Campaign Finance Report No on I-12 Charter for Grover Beach Expenditures

No on Measure I-12 submitted a campaign finance report through October 20, 2012 to the City of Grover Beach that indicates expenditures of $4,369: $3750 to Allied Printing Company in Sacramento and $619 to Valencia Design Studio in San Francisco.

Campaign Finance Report No on I-12 Charter for Grover Beach - Union Donors

Campaign Finance Report No on I-12 Charter for Grover Beach – Union Donors

Only $2500 has come in for the campaign so far: $1500 from the International Brotherhood of Electrical Workers (IBEW) Local Union No. 639 and $1000 from the Plumbers and Steamfitters Local Union No. 403. Looks like there’s some debt to be paid!

Who’s going to wait until after the election to pay off the debt? How clever…

Campaign Mailer Opposing the Proposed Grover Beach Charter: Definitely NOT Photocopied at Dave’s Copies & Fax

UPDATE (October 22, 2012): here is the latest information from the Grover Beach City Clerk’s office regarding campaign finance reports for the mailers against Measure I-12:

From: Donna McMahon
Sent: Monday, October 22, 2012 12:00 PM
To: Kevin Dayton
Subject: RE: Request for campaign reports (Form 460s) filed to oppose Measure I-12

Dear Mr. Dayton:

Good morning. The Committee opposed to Measure I-12 has no Form 460 on file with the City Clerk’s Office. The Assistant Treasurer (Mr. Cory Black) was at City Hall on October 16th and stated that the Committee had not spent or raised more than $1,000 for the filing period that ended on September 30, 2012.

I will request the October 1-October 20 campaign finance report of this committee opposing the charter (Measure I-12) on October 26 (the day after the next filing deadline).


UPDATE (October 20, 2012): the mysterious campaign committee opposing Measure I-12 – the proposed charter in Grover Beach – has posted its two mailers on its web site:

http://www.protectgroverbeach.com/mail.htm

An article in www.CalCoastNews.com (Grover Beach Democrats Blast Party Leader Over Flyer – www.CalCoastNews.com – October 16, 2012) reports the following on the mailers:

Two Democratic candidates for the Grover Beach City Council are accusing San Luis Obispo Democratic Central Committee leaders of making false statements in a flyer that aims to persuade voters to reject Measure I-12…

A Sacramento businessman who printed the flyers and a San Francisco designer who created the No on Grover Beach I-12 website refused to disclose the person or people behind the committee…

The anti-measure I-12 flyer also appears to violate disclosure rules. While the flyer asks Grover Beach residents to join the San Luis Obispo Democratic Party and the Tri-Counties Building & Construction Trade Council in voting no on Measure I-12, it does not clearly identify who is behind the mailer as required by law. Instead, small print that blends into the flyer says it was paid for by No on Grover Beach I-12, a group that Grover Beach City Clerk Donna McMahon said has failed to file with the city…

Business as usual.


Irony In Grover Beach - union special interests ARE meddling in the city with this mailer.

Wow! I never heard of a grassroots movement of ordinary citizens in a town of 13,000 producing anything like this before. (They didn’t. But we are meant to think they did.)

Irony In Grover Beach - union special interests ARE meddling in the city.

Irony In Grover Beach – union special interests ARE meddling in the city with this mailer.

This slick campaign mailer in Grover Beach opposing the proposed charter (Measure I-12) on the November 6, 2012 ballot reminds me of the following dialogue in the movie Star Wars Episode IV – A New Hope:

EXT. TATOOINE – WASTELAND

The speeder stops before what remains of the huge Jawas Sandcrawler. Luke and Ben walk among the smoldering rubble and scattered bodies.

LUKE

It looks like Sandpeople did this, all right. Look, here are Gaffi sticks, Bantha tracks. It’s just…I never heard of them hitting anything this big before.

Ben is crouching in the sand studying the tracks.

BEN

They didn’t. But we are meant to think they did. These tracks are side by side. Sandpeople always ride single file to hide their numbers.

LUKE

These are the same Jawas that sold us Artoo and Threepio.

BEN

And these blast points, too accurate for Sandpeople. Only Imperial stormtroopers are so precise.

Screenplay excerpt from The Internet Movie Script Database (IMSDb) – Star Wars.

California Local Election Report: Three Cities Seek Voter Approval for Home-Rule Charters

Today’s www.CalWatchdog.com (October 16, 2012) has a second article in a series about the 121 charter cities in California and the attempts of additional cities to enact charters and free their municipal affairs from the costly mandates of the California State Legislature. (See Are Charter Cities Taking Advantage of State-Mandated Construction Wage Rate (“Prevailing Wage”) Exemptions?) I am quoted in this article as well as in the first article.

Cities Vying for Local Control on November Ballotwww.CalWatchdog.com – October 16, 2012

But the biggest benefit, according to Kevin Dayton, CEO of Dayton Public Policy Institute, an employment and labor specialist and charter city expert, would be not having to pay prevailing wages on local public works projects. In a recent interview, Dayton said that labor union prevailing wage rates do not accurately reflect the actual industry rates, nor do they accurately reflect the construction industry in all areas within the state…

But the rational discussion about cost effectiveness has turned into an all-out assault. According to Dayton, unions have steamrolled right over smaller cities’ efforts to adopt charters. “Union leaders get very testy when someone points out that a charter city can establish its own policies concerning government-mandated construction wage rates,” Dayton said…

Also, see the first article in the series: Push for Charter Cities Enrages Unionswww.CalWatchdog.com – September 30, 2012

Three cities in California have proposed charters on the November 6, 2012 ballot for voters to approve. Two are medium-sized suburban cities and one is a small beach community. All three charters would give these cities the freedom to establish their own policies concerning government-mandated construction wage rates on purely municipal construction or private construction that gets any form of financial assistance from the city. Here’s the current status of each effort:

1. City of Costa Mesa (Orange County) – population 111,600

In November 2010, Costa Mesa voters elected a 4-1 majority on its city council that wanted to reduce the city’s budget deficit by cutting back on its workforce and contracting out services. Obviously this became a microcosm of the cataclysmic battle over the future of America: smaller government and lower taxes versus bigger government and higher taxes, or, to put it bluntly, free markets and minimalist government versus socialism. As the city council majority found its authority to manage municipal affairs continually suppressed by laws passed by the union-controlled California State Legislature, it decided to present a charter for voters to consider.

The city quickly earned national news media attention for taking on the public employee unions, which aggressively fought outsourcing. Its public meetings attracted every element of the Left intent on preserving and expanding the power and size of government. I have written about the Costa Mesa situation extensively; for more details, see Costa Mesa’s Bold and Meaningful Government Cost-Efficiency Plan on Hold Until November 6, When Citizens Vote on a Proposed Charter (Measure V) and for Three City Council Members.

2. City of Escondido (San Diego County) – population 146,032

Like in Costa Mesa, a 4-1 majority of the Escondido City Council wants to wrest the city from the costly mandates of the union-controlled California State Legislature and get more local control over the city’s budget issues. Opposing this move are unions and other leftist activists (see the Prop V section of the Escondido Democratic Club web site).

Unions tried a clever tactic to derail the charter proposal. As I wrote earlier, the State Building and Construction Trades Council of California engineered a lawsuit against the city based on the California Voting Rights Act of 2001; for more details, see Escondido City Council Votes 4-1 to Approve Proposed Charter for Voters to Consider on November Ballot and California’s Voting Rights Act of 2001: A Weapon for Unions.

3. Grover Beach (San Luis Obispo County) – population 13,275

City councils for a cluster of beach towns on the Central Coast (Pismo Beach, Arroyo Grande, and Grover Beach) have toyed with the idea of passing charters, but Grover Beach was the first to jump. As seen in Costa Mesa and Escondido, unions and certain factions of the Democrat Party are opposing Measure I-12.

PublicCEO.com Reports on New Third Edition: Are Charter Cities Taking Advantage of State-Mandated Construction Wage Rate (“Prevailing Wage”) Exemptions?

Local government news site www.PublicCEO.com reports today (October 2, 2012) on the release of the third edition of the first and only guide to the status of government-mandated construction wage rates (so-called “prevailing wages”) in California’s 121 charter cities.

The report is Are Charter Cities Taking Advantage of State-Mandated Construction Wage Rate (“Prevailing Wage”) Exemptions? It is published by the California Construction Compliance Group.

As stated in the article “Charter City Report Updated,” www.PublicCEO.com covered the release of the original report in 2009 and the first update in 2011. In the three years since the first edition was published, www.PublicCEO.com has seen an explosion of proposals to California voters for city charters.

Voters in Costa Mesa, Escondido, and Grover Beach will consider charters on November 6, 2012. Links to the proposed charters are here:

I’m cited in the www.PublicCEO.com article:

Kevin Dayton, President and CEO of Labor Issues Solutions, LLC, authored the introduction to the Charter City Report, and made the case for cost savings through charters.

“One way (to save city resources) is to enact policies that allow wage rates for city construction contracts to more accurately reflect economic conditions in the local market region.”

The report was designed to not only educate local officials about charters and cost savings, but Dayton also presents it as a tool to help establish a charter or amend one to include prevailing-wage exemptions.

“This third edition of the guide to the status of government-mandated construction wage rates in California’s charter cities provides all the information necessary for charter cities considering exercising their constitutionally-guaranteed right to determine the government-mandated wage rate policies in their own municipal construction contracts.”

The article also quotes Costa Mesa City Councilman Jim Righeimer talking about cost savings that would result if voters in the City of Costa Mesa approve a proposed charter through Measure V in the November 6, 2012 election. Righeimer wants the City of Costa Mesa to establish its own government-mandated construction wage rate policy for purely municipal projects under the authority of its proposed charter:

Those kinds of savings, and many of the other freedoms afforded to cities, have three cities looking to charter in November. One of the highest profile cases comes from Costa Mesa, where the City Council has been pursuing a charter for the better part of a year.

For Costa Mesa, it’s about controlling local affairs and being able to leverage local solutions to local problems. The most obvious case, as Councilman Jim Righeimer told PublicCEO in the past, is outsourcing and contracting.

Pointing to the city’s jail services, Righeimer said that, “…savings alone on a $1.5 million cost could be $50k a month. That’s just one contract.”

But the city also included language exempting local projects from prevailing wage laws.

“Prevailing wage is clear as day,” said Righeimer. “We want to be able to negotiate with market rate wages like Newport and Huntington. We don’t want to have to have a union wage.”

Here are links to two current examples of charters recently approved by voters:

Also, I have begun a project to create from scratch a new model charter for California cities. See link below; I’ll keep you informed:

Project Underway to Create a Cutting-Edge Model Charter for California Cities to Free Their Municipal Affairs from the State Legislature – YOU Can Help!

For more than a year, I’ve talked and written about developing a model charter that city councils and appointed charter commissions in California’s general law cities can use as a basis to develop their own proposed charters to bring before voters for consideration.

A model charter would also help city councils and appointed charter commissions in 121 California cities to amend and freshen their existing charters. (Note: voters in three more cities – Escondido, Costa Mesa, and Grover Beach – will consider enacting proposed charters in the November 6, 2012 election; there may be 124 charter cities in California at the end of 2012.)

Generally, the dozen cities that brought charters before their voters in the past six years obtained existing charters from other cities and tweaked them a little. City council members and staff have not started from scratch in developing their proposed charters, perhaps to avoid the political and legal risks of trying new concepts, and perhaps in part because developing a constitution from scratch is a time-consuming intellectual exercise better suited to James Madison or modern policy institutes.

Significant and recent developments in proposed city charters in California have been related to explicit provisions concerning the establishment of policies for government-mandated construction wage rates (so-called “prevailing wages”), prohibitions on requiring contractors to sign Project Labor Agreements with unions, and requirements for unions to get permission from city employees to deduct money from their paychecks to use for political purposes. In addition, some charters have contained provisions meant to prevent the kind of corruption among city council members and city staff that occurred in the City of Bell in the late 2000s.

As I wrote in the Auburn Journal newspaper on September 26, 2011, cities in California need to consider asking voters to enact a charter that would be “a searing and unprecedented manifesto in support of fair and open competition, free enterprise, economic growth and job creation.” A charter needs to give a city full control of its municipal affairs, so it can implement “lower taxes, reasonable regulation, fiscal responsibility, limited government, local control and more freedom from corrupt urban legislators.”

Defenders of the status quo prefer California’s advocates of economic and personal freedom to be apologetic, mealy-mouthed, submissive and ineffective. I noted that an ideal charter, with its “defiance of excessive state authority,” would enrage numerous special interest groups.

Of course, aggressive opposition from special interest groups indicates a proposed charter would be effective in expanding local control. Should city councils and city staff regard this opposition as an insurmountable obstacle to achieving meaningful home rule?

My thinking is that even a slightly effective proposed city charter will agitate the unions, the environmental extremists, and any other parties who use the California State Legislature as an agent to impose their utopian visions on communities where a majority of people just want to mind their own business. Opposition from powerful special interest groups will come if the proposed charter is 100% effective or 10% effective in changing things. So why not pursue a goal of claiming 100% of the potential for a city’s governing authority over municipal affairs?

I Need Your Help to Develop the Ultimate Model City Charter for California!

Almost everyone squatting in the state legislature for the duration of their term limit wants to leave a legacy of some sort of accomplishment; that is, something inserted in California law that they can proudly show their grandchildren and cite in speeches to inspire youths to pursue public service. Think about how the California State Legislature enacts a parade of inane laws every year that interferes with or intrudes in municipal affairs.

In Sacramento today, I spoke to a group of free market-oriented policy intellectuals based in California about my plan to collect ideas for provisions in a model charter. I expect to get some great recommendations from them concerning transportation, land use and zoning, air quality, etc. You can help too. Below are resources to help you develop ideas to send me for the model charter:

1. At the end of this post, I cite relevant language from the July 2012 California Supreme Court case State Building and Construction Trades Council of California, AFL-CIO v. City of Vista about the Constitutional right of charter cities to control their own municipal affairs. This citation also includes the four criteria under which an issue is a municipal affair versus an issue of statewide concern. Read the criteria and think about problems in your city that the city council can’t fix or evade under the status quo.

2. Here are links to a few of the city charters recently enacted by voters or to be considered by voters in the November 6, 2012 election. These are the current examples of charters now being circulated among California local officials:

City of Oceanside

City of Vista

City of Costa Mesa

City of Escondido

City of Grover Beach

3. Here is a link to my 94-page report (third edition) published by the California Construction Compliance Group about the status of policies concerning government-mandated construction wage rates (so-called “prevailing wages”) in California’s 121 charter cities. It’s the first and only comprehensive report ever written about this right of charter cities:

Are Charter Cities Taking Advantage of State-Mandated Construction Wage Rate (“Prevailing Wage”) Exemptions? – 3rd Edition – Summer 2012

4. The League of California Cities (which is NOT part of this project) has excellent information about charter cities and home rule: Resources on Charter Cities from the League of California Cities.

5. To send me your ideas for charter provisions, call me or go here on this web site and use the form to contact me in writing. Thank you for your ideas to advance economic and personal freedom!

California’s Home Rule Doctrine

(Excerpts from pages 6 and 7 of the City of Vista California Supreme Court Decision on charter cities and prevailing wages – citations removed and language simplified – see the decision itself for more technical guidance.)

Charter cities are specifically authorized by our state Constitution to govern themselves, free of state legislative intrusion, as to those matters deemed municipal affairs.

Article XI, section 5, subdivision (a) of the California Constitution provides: “It shall be competent in any city charter to provide that the city governed thereunder may make and enforce all ordinances and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in their several charters and in respect to other matters they shall be subject to general laws. City charters adopted pursuant to this Constitution shall supersede any existing charter, and with respect to municipal affairs shall supersede all laws inconsistent therewith.”

The roots of this provision trace back more than 100 years. It was originally enacted upon the principle that the municipality itself knew better what it wanted and needed than the state at large, and to give that municipality the exclusive privilege and right to enact direct legislation which would carry out and satisfy its wants and needs. The provision represents an affirmative constitutional grant to charter cities of all powers appropriate for a municipality to possess and includes the important corollary that so far as municipal affairs are concerned, charter cities are supreme and beyond the reach of legislative enactment.

We set forth an analytical framework for resolving whether or not a matter falls within the home rule authority of charter cities.

  1. Does the city ordinance at issue regulate an activity that can be characterized as a municipal affair?
  2. Does the case present an actual conflict between local and state law?
  3. Does the state law address a matter of statewide concern?
  4. Is the law reasonably related to resolution of that concern and narrowly tailored to avoid unnecessary interference in local governance? If the subject of the state statute is one of statewide concern and that the statute is reasonably related to its resolution (and not unduly broad in its sweep), then the conflicting charter city measure ceases to be a municipal affair and the Legislature is not prohibited by Article XI, section 5(a), from addressing the statewide dimension by its own tailored enactments.”
Note: in the City of Vista case, the court ruled that “no statewide concern has been presented justifying the state’s regulation of the wages that charter cities require their contractors to pay to workers hired to construct locally funded public works. In light of our conclusion that there is no statewide concern here, we need not determine whether the state’s prevailing wage law is “reasonably related to . . . resolution” of that concern and is “narrowly tailored” to avoid unnecessary interference in local governance. The court didn’t need to consider #4 in the analytical framework listed above because the answer to #3 was NO.

The Local Charter City Rebellion Against the Destructive California State Legislature Is Underway!

The Sacramento Bee published an editorial today (July 11, 2012) entitled “Will Cities Seize the Opportunity of Wage Ruling?” that urges charter cities to “seize the opportunity” and free themselves from costly state-mandated construction wage rates (also known as “prevailing wages”). It is the latest of numerous articles, editorials, blogs, and opinion pieces describing this court decision as a turning point for local governments seeking to provide adequate public services at a competitive and reasonable price. See my compilation of these articles here.

Regarding the July 2 California Supreme Court decision in State Building and Construction Trades Council v. City of Vista confirming the right of charter cities to establish their own policies concerning government-mandated construction wage rates, the Bee says the following:

…charter cities in California that use their own money to build new fire stations, libraries, sewer systems or other municipal facilities can ignore the state’s prevailing wage law.
The ruling is a blow to organized labor but a boon to taxpayers. If they have the political will to take advantage of it, struggling municipal governments can save a lot of money.

Do elected officials in charter cities have the political will to develop their own city prevailing wage policies, or even simply to exempt their purely municipal construction projects from state-mandated construction wage rates? They should proceed to do so, at least until the California State Legislature approves more reasonable definitions of public works through Assembly Bill 987 and approves more accurate methods of calculating prevailing wage through Assembly Bill 988? These two comprehensive, detailed, well-informed bills were introduced by Assemblywoman Shannon Grove (R-Bakersfield) but rejected in the Assembly Labor and Employment Committee on party-line votes (Democrats opposed, Republicans in support) on January 4, 2012. These bills need to be reconsidered!

Cities such as Costa Mesa and Escondido and Grover Beach [added August 19, 2012 – ed.] are definitely asking their citizens to approve robust, assertive charters. The cities of Temecula, Murrieta, Arroyo Grande, and Grover Beach are seriously considering asking their citizens to do the same. Several cities that already have charters are preparing to establish their own government-mandated construction wage policies.

Yes, unions will aggressively and viciously oppose any effort by the citizens of local governments to escape the oppressive mandates of the California State Legislature, long dominated by foolish union puppets from Los Angeles and San Francisco. Their opposition only confirms that city charters are a very powerful and meaningful way to assert local authority over local matters and provide public services at a better price for ordinary taxpayers.