WAM- Westside Apartment Monthly
April 2001CITY WATCH, by Wes Wellman, Action President
RENT BOARD STORIES, By James L. Jacobson
HERB'S BALTERDASH, By Herb BalterLEGAL FORUM, By Gordon Gitlen, Esq.LEGAL COUMN, By Rosario PerrySACRAMENTO UPDATE, by Carl Lambert, Esq.
CAPITOL HIGHLIGHTS, By Debra Carlton, CAA Legislative Division
WESTSIDE INSIDERWAM ARCHIVESADVERTISERS
LEGAL ISSUES

LIVING WAGE ORDINANCE

WHOSE GARAGE IS IT?


ACTION

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I guess you had to have been there! Deja vu! Same cast of characters, just 22 years older, a little grayer, a little more around the waist! Remember the activists for rent control? How we must protect the low income residents - year 2001 - the workers! How the housing suppliers . . . rich, greedy landlords - year 2001 - the hospitality industry, are unfair by providing entry level jobs! I guess there is no longer such a thing as "apprenticeship". Once a maid, always a maid; once a bus boy, always a bus boy. Whatever happened to working your way up instead of starting at the bottom and earning advancement?

Let's face it, this is not so much about a living wage as it is to unionize the industry! Oh, it's orchestrated by the same people preaching the same message. . . . redistribution of the wealth, but it's being choreographed and paid for by the union.

As you will remember in November, the hotel industry tried, unsuccessfully to pass a moderate living wage initiative. One that could have been beneficial to both segments. As we all know, reasonableness does not count in Santa Monica, where the motto is, "no good deed shall ever go unpunished"!

While I was not there, it is my understanding the evening started with a "clergy march for justice" during the start of Holy Week. Commencing at City Hall, it continued to Loews where, bitter herbs were left. As you know, the union is in a battle with the establishment. From Loews, they went to the Pacific Shores Hotel, where the marchers left "milk and honey", for this newly unionized establishment. If you didn't know, the City of Santa Monica owns this land/hotel. And, if you haven't heard, the city of Santa Monica recently wrote up a new lease at Pacific Shores. The deal included a lesser rent over the term of the lease if the lessor would agree to unionize! Purportedly this deal cost you and me, the taxpayers of Santa Monica, about $13 million in revenue! How's that for a payoff for getting our union council members re-elected in November.

But I digress.

Back to the meeting. . . of course there was an overflow crowd. Many of the marchers lined up on the balcony chanting and parading through the council chambers. The overflow public got to sit in the lobby and watch the action on TV. One or two problems, however. The organizers had set up a food bar in the lobby in back of the public seating area! Also, the doors were open and those smoking outside might as well have been inside! Needless to say, it was impossible to hear the proceedings.

City staff report (abbreviated) went something like this:
Not clear city has power to enact a minimum wage and other benefits on private employers
                    CHALLENGE LIKELY
Hiring Hall: - CHALLENGE LIKELY
           Zone: CHALLENGE LIKELY - Equal protection violation Per City Manager: city funds to "zone area" not disproportionate Slow growth Prop S, was advantage to hotels in zone.
City Manager recommendation to council:
Review progress to date for mediation between SMART and opponents
Evaluate a living wage
Identify areas for staff inquiry
Alternative for further public process

So, what happened: Motion 5/2 (Katz and Holbrook), prepared in advance of any public input, by Councilmember McKeown along the following with draft due in May:
Living Wage ordinance in zone and downtown core
Cover any for-profit businesses that gross 3 million in gross receipts, including anyone that does city contracts (incidentally 72 companies would be affected, 6 of which are restaurants. Out of 450 food establishments, ¼ in zone.
    (What happens if drop below 3 million? Change salaries?)
$10.69 (as a starting point, may change) adjusted CPI annually; Health benefits if not provided, add $2.50 (original proposal $1.50) (up $1.00 since November).
Notification of employee rights
Union first source hiring -jobs must be posted for 60-90 days in Santa Monica before can go outside notification.
Collective bargaining agreements between employers and workers to supersede any ordinance provision.
Develop some form of "hardship" clause for businesses
Include some form of concession for youth and seasonal employees, i.e. Pier Pacific Park

As most of you know, living wage ordinances have passed in other cities and are constitutional. The big difference here, and what the union is fighting for, is that this would be the first and only place where the city tells a private employer what they must pay to do business! The union feels that if they can pass it in Santa Monica, they can get it across the country!

When city attorney was asked what the cost to city for legal challenges would be, she gave no estimate - intimating that it would be relatively inexpensive. Do you believe that? Heard that before? In addition to legal costs, the union representative stated the city would/should hire 2 people to administer the ordinance plus, "one hearings examiner". What were we promised it would take to administer the rent control? What is the budget now?

When asked why the city doing this, answers were someone has to be "first"— it's the "morally right thing".

According to staff the nexus for doing this, the city is trying to help working poor!

Chamber of Commerce and business representative implored the council to take into consideration our economic downturn, increased Worker's Comp rates which have doubled, utility costs, etc. but of course, to no avail. One hotel manager said it best along these lines. . . we are about to see a major bureaucracy enacted! (ever notice that comes out bureau crazy, sic) Ah, yes, rent control. . . . . the absolute epitome of a bureaucracy. Interesting how other businesses outside the "zone" are starting to get nervous - particularly the car wash establishments. If a city can target one or now two industries, who's next? If they can create one zone, how about two or three - wherever the city sees someone making a profit - you too can be targeted.

Sound bitter - darn right! I have no objections to people making a decent living. However, I do object to a bunch of people that have never had to meet a payroll or pay the bills, tell me how much I should give or pay them for the opportunity of supporting/subsidizing them!

Morally right to pay a decent wage, yes; morally right for the city council (5 people) to tell me what I must pay - no!

I really believe we must ALL go down and speak out when this ordinance comes back for public input! This is just the start, guys. Already councilmembers are setting things in place for further erosion of your rights. A manner in which to reform the ballot initiative is being explored by Mayor Feinstein. The harassment ordinance is being revised - fines will go up, etc., etc.

Domestic partners issue is on the burner.

Since the demise of The Outlook, you must attend an ACTION meeting, support
the WAM magazine, pick up the throwaways or log onto Surf Santa Monica.com, to keep up to date on what the City Council is doing to you now!
WAM-- End of Article



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