Good Jobs, Clean Air, Healthy Communities - CBA Toolkit

GOOD JOBS CLEAN AIR

HEALTHY COMMUNITIES A local framework for

Community Benefit Agreements in the San Bernardino Valley

CONTENTS Introduction ________________________ 2 Why CBAs?

________________________ 3

Four Core Principles of a Successful ___________ 4 CBA by PowerSwitch Community Interests ___________ 5 The CBA Process Is...

Community Needs

___________ 6 ___________ 7

Developer Accountability _______ 8 A Path to a Better San Bernardino The Process (Steps 1-12) _______ 10 1. Unite the Coalition How to build a Coalition that lasts

The Fabric of the Coalition

_______ 11 _____ 12

Key Points & Questions to Ask ____ 13

2. Identify the Development Project ___ 14

3. Research, Research, Research _____ 15 Survey the Community _________ 16 4. Engage the Neighborhood

_______ 17

Hire Local Creatives

_______ 19

More Local Leaders

_______ 18

Host Events Near the People ____ 20 Key Points & Questions to Ask ____ 21 5. Identify Community Priorities _____ 22

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6. Draft the CBA Outline _____________ 23 Resources _____________________ 24 7. Educate Decision Makers _________ 25 Key Points & Questions to Ask ____ 26 8. Approach the Developer

_________ 27

Key Points & Questions to Ask ____ 28

9. Negotiate

_______________________ 29

Key Points & Questions to Ask ____ 31

10. Use City Processes and Media to Your Advantage ______________ 32 ______________ 33 Extra Leverage This Campaign Can Include _____ 34

11. Sign the CBA

___________________ 35

Key Points & Questions to Ask ____ 36

12. Implement, Monitor, & Enforce ____ 37 Key Points & Questions to Ask ____ 38 Successful CBAs Oakland’s Army Base CBA ______ 40 Pittsburgh Hill District CBA ______ 42 Kingsbridge Armory CBA

Sources

______ 43

___________________________ 45

INTRODUCTION

STOP

Before you go any further read this statement…

All coalition partners and those involved in the work to get a CBA should read and reread this document until you understand the process of obtaining a CBA and discuss needed adjustments in your own process.

It’s important that leaders are able to recite their local process to anyone who inquires.

This formula has worked for communities but some aspects may need to be shifted, modified and reorganized depending on your own unique circumstances and the community you serve. You can also go to the end and review the questions that guide each section, so your coalition can form their own toolkit.

Just San Bernardino Member Organizations Arts Connection - the Arts Council of San Bernardino County BLU Educational Foundation Congregations Organized for Prophetic Engagement (C.O.P.E.) Inland Congregations United for Change (ICUC) Inland Empire Labor Council (IELC) People’s Collective for Environmental Justice (PC4EJ) Time for Change Foundation (TFCF) Warehouse Worker Resource Center (WWRC)

This Toolkit was funded by: *Inland Empire Community Foundation, Fiscal Sponsor

Southern California Association of Governments (SCAG)

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WHY CBAs ? by:

Community Benefits Agreements (CBA) are legally binding agreements between developers and coalitions of community organizations, addressing a broad range of community needs.

CBAs ensure that local residents share in the benefits of major developments in their communities. They elevate the voices of community residents and shift the balance of power in economic development from developers back toward the community. They enable local residents to have a meaningful seat at the table with public agencies and developers, shaping large scale development projects in their neighborhoods, pressing for community benefits tailored to their needs, and holding developers accountable for their promises. in communities and creates The CBA process more sustainable development projects.

helps build trust

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OUR CORE FPRINCIPALS of a Successful CBA

The work of community coalitions like Something Better for San Bernardino, San Bernardino Airport Communities, and Just San Bernardino are guided by the core principles mentioned by PowerSwitch Action. Through these principles, residents can learn what it takes to negotiate a successful CBA.

1 2 3 4

It is negotiated by a coalition that effectively represents the interests of the impacted community.

The CBA process is transparent, inclusive, and accessible to the community.

The terms provide specific, concrete, meaningful benefits, and deliver what the community needs.

There are clearly defined, formal means by which the community can hold the developer (and other parties) accountable to their obligations.

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INTERESTS 1.

Community Interests are Well-Represented A community’s ability to win a strong CBA is directly related to how much power it organizes and the strength of its coalition infrastructure.

• Coalition members have deep, active connections to the community, representing those most threatened by project impacts and frequently excluded from participation in decisions about economic development, often low-income people of color.

• The coalition aligns with networks that have experience with CBAs (e.g., regional or national actors) to build connections, technical assistance, and resources.

• There is strong capacity among coalition members participating in the CBA process in order to effectively negotiate and secure an appropriate bargain.

• Coalition members are not beholden to elected officials, developers, or others with potentially conflicting interests in the project.

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2.

PROCESS The CBA Process is Transparent, Inclusive, and Accessible A strong CBA results from a process – drafting, negotiating, and signing – which involves, and is accessible to, the community.

• The community has a vehicle, e.g., regular coalition meeting, for news and information to be distributed regarding the CBA process, including the negotiations.

• The community has opportunities, e.g., public forums, to provide feedback and input throughout the process in order to ensure that a broad range of concerns are heard and addressed prior to project approval.

• There are effective mechanisms, e.g., processes for decision making, to ensure transparency within the coalition, foster collaboration, and guard against conflicts of interest on the part of coalition members.

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NEEDS 3.

Concrete, Meaningful Benefits Deliver What Community Needs A strong CBA delivers on the issues of greatest importance to the most vulnerable members of the impacted community.

• The CBA terms are concrete and specific, detailing which party is responsible, for what and where, and on what timeframe, and not deferring decisions for a future negotiation date when community leverage may be gone.

• The core community benefits terms address all the important details that may arise in implementation.

• The CBA addresses issues of concern to the community, which may include: Creating higher quality jobs.

Requiring targeted hiring programs that help connect individuals with barriers to employment to newly created jobs.

Creating affordable housing to counter racial and economic segregation that may accompany development.

Addressing environmental issues created or intensified by development.

Supporting the principle of worker organizing.

Providing access to grocery stores, community meeting space, public art, traffic mitigation, and parking.

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4.

LIABILITY Clearly Defined Enforcement Mechanisms Ensure Developer Accountability An effective CBA contains formal means to hold the parties accountable to their obligations, including a monitoring and compliance vehicle and avenues for community enforcement.

• The CBA clearly identifies the parties, along with their obligations and which party is responsible for implementing each provision.

• The CBA clearly outlines timeframes and processes for each commitment to be fulfilled.

• The CBA includes a monitoring and implementation system that requires the parties to engage in future activities related to the CBA, and the community parties continue to hold developers accountable to its provisions over time.

• The CBA includes enforcement measures with real consequences, i.e., remedies that give community parties the ability to ensure that the obligations are delivered upon and contains no impediments to community parties seeking judicial enforcement.

• The CBA provides for enforcement against commercial tenants and contractors as well as successors in interest of the developer

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OUR LOCAL THE PATH TO

SAN T S U J A BER NAR DINO

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F RAM EWORK THE PROCESS A local framework for Community Benefit Agreements (CBAs) in the San Bernardino Valley

1

Unite the Coalition

the 2 Identify Development Project

3 Research, Research, Research 7 Educate Decision Makers 4 Engage the Neighborhood

8 Approach the Developer

5 Identify Community Priorities 9 Negotiate 6 Draft a CBA Outline

City Processes and 10 Use Media to your advantage

11 Sign the CBA Monitoring and 12 Implementation, Enforcement

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1

UNITE THE COALITION How to Build a Coalition That Lasts Setting a regular schedule for coalition meetings is key to ensuring an inclusive process with open lines of communication for coalition partners.

• Appoint coalition lead(s) so channels of communication are clear.

• Ensure all partners have the lead(s) contact information.

• Make sure all coalition partners have at least ONE representative at the table when making major decisions regarding the CBA process.

• Media opportunities highlight all coalition partners equally.

• Create a Memorandum of Understanding between partners.

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THE FABRIC OF THE COALITION Community coalitions are a necessary party to any CBA to ensure that the community itself is engaged in the negotiation of a CBA and will benefit from the development. A community coalition can include stakeholders

SUCH AS: • Individual Residents

• PTAs

• Neighborhoods Councils

• Housing Advocates

• Faith Groups

• Architects

• Clergy

• Labor Unions

• Student Groups

• Preservationists

• Local Nonprofit Organizations

• Artists

CREATIVE RESIDENTS:

Are often valuable in developing resident engagement tools and coalition processes for success. Artists can also design effective means to educate the community, media, and decision-makers about the issues. Negotiating and advocating is challenging and unfamiliar to many. Adding creative components and strategies brings more people to the effort.

ELECTED REPRESENTATIVES:

Elected representatives and government bodies are typically not parties to CBAs. However, they may be involved in the negotiation to keep the lines of communication open and to communicate the city’s own policy goals.

A NOTE ON GOVERNMENT’S ROLE IN A CBA:

CBAs supplement the existing processes wherein local government directs and approves a development project. City administration staff and elected leaders can demonstrate inclusive leadership by (1) providing transparency around the project; (2) insisting on broad community support for project approval; (3) encouraging CBA negotiations, without trying to influence them.

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KEY POINTS: • Effective coalitions often have a community presence - people know who they are and know they can be effective advocates.

• New coalitions must build a communications plan to strategically inform the community about the coalition; see questions to ask yourselves below.

• The coalition’s power derives from its many relationships within the community it serves and their ability to unite residents in the public square. This visibility communicates to the developer that the coalition has the power to work in favor of a development with a CBA, or against the development if there is no agreement.

• Media opportunities highlight all coalition partners equally. Branding the coalition under ONE name is important to community outreach, it’s a mouthful to list off multiple partners and may confuse the residents you are speaking to.

• Create a Memorandum of Understanding between partners.

QUESTIONS TO ASK: • Who are the coalition partners?

• What is the common goal/understanding (MOU)?

• Why did the coalition form, what is the history?

• What are the current development projects coalitions are advocating for or against?

• What is historic about the development site?

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IDENTIFY THE DEVELOPMENT PROJECT A coalition should regularly track city development plans to identify proposed projects that have the potential to generate a benefits agreement that is in-line with the issues they advocate.

Stay informed by meeting regularly with city staff, elected officials and planning commissions. Research and learn who owns your city’s space, build authentic relationships that can lead to more community led development opportunities.

KEY POINTS:

• Create a schedule using free tools like Google Suite or Microsoft Outlook to share scheduled city, county, state or other valuable meetings with all coalition members.

• Meetings to attend: city council, planning commission and anything else deemed important by coalition members like Housing Element or General City Plans, they usually lack community engagement.

• Find someone who has a background in planning to join your local planning commission, they can keep you updated about what projects are coming to your city.

QUESTIONS TO ASK: • Who is on your planning commission?

• What city staff should be contacted about development projects, especially the one you are targeting?

• What city officials need to know about the coalition or the development that is concerning the coalition?

• Who is developing land in your city, who owns what? Have you met them?

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, H 3 C R A E H S C E R ESEAR R ARCH, E S E R The Coalition is now formed and has identified an upcoming development project that can use a CBA. The next step is research to better understand the development process in which you are engaged, the projects leverage points, existing and alternate regulations and examples of workable project commitments from similar successful CBAs in other cities.

See examples on page #40

The coalition should thoroughly investigate: • The written development proposal (project in question).

• The developer (Look into their company portfolio? Are they Master Developers?).

• Any requests for public subsidies or other resources.

• Proposed commercial tenants (who do they plan to bring to the space, if not already determined in the project proposal).

• Housing components (how much of the housing will be affordable?

What would be the cost? Owners/renters?

• The number and type of jobs that will be created, both permanent and temporary/construction (Are these jobs union? How do we ensure they are career pathways?).

• Environmental impact and sustainability factors (The span of the development. Noise level and the effect on the local ecosystems. Will they use green energies in the construction and will they include it in the development plans? Is the project located near residential neighborhoods? Will it increase exposure to emissions or other toxic elements?).

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,

H,

SURVEY THE COMMUNITY Learn from the community who lives near the project, form a community engagement and data/research ad hoc committee . Determine what could potentially benefit the neighborhood and what in the project could be detrimental to the impacted community through conducting a community survey. Target neighborhood stakeholders to assess interests and current priorities for neighborhood groups. Coalition should educate the community on the potential impact of the development and who the coalition is during the survey process, refer back to building a communications plan. Enact the survey process for a set period of time and determine how the results will be shared with the community, developer, and city leadership.

Topics for Survey: • Arts and Culture

• Low wage jobs / career jobs

• Traffic

• Access and transparency of the process

• Pollution

• Collect Demographics: Age, Ethnicity, Gender, Education, Housing

• Safety

KEY POINTS: • Thoroughly investigate the project proposal and developer.

• Understand the data you want to collect from the community you are representing. This data should relate to the overall development project.

QUESTIONS TO ASK: • What is the radius you want to survey?

• Who is a part of the data/survey committee? (they will craft the survey) • Where will the data be stored?

• Who has access to the data, what will be public?

• What is the survey timeline?

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ENGAGE THE NEIGHBORHOOD

4

Now it is time to take data gained through the research phase and engage the community near the project and those residents most impacted by the development, this is the time to build a culture of land stewardship.

Your coalition should educate the community on the potential impact of the development and assess resident and worker capacity for involvement.

STRATEGIES TO ENGAGE • • • • • • •

Phonebank Door to Door Canvassing Organizing Town Halls and Smaller Meetings with Residents Mail Campaign Social Media Toolkits Zines, brochures and other printed materials Ad Campaign

HIT THE DOORS, TALK TO NEIGHBORS, & ORGANIZE The only way to use our power in numbers is to organize into a collective force capable of winning our collective demands. This involves growing our organization by having conversations with residents and workers affected by the project. Organizing conversations must challenge, motivate, and inspire someone to take leadership and action based upon what the person wants for themselves and their family. What concrete next steps will you ask someone to take in order to strengthen your organization? Are they talking to their neighbors? Are they attending an important event? Follow-up is key to being able to properly assess whether your organization is growing in sustainable ways.

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MORE LOCAL LEADERS Who will be the advocates directly working with the coalition to help keep their community informed. After talking with residents and/or workers, identify leaders willing to organize their neighbors, speak at public forums like city council, school board, neighborhood associations, actions and take leading roles in other important events.

COLLECT ACTIVE DATA Ensure you are building a database through intentional sign up sheets and updating data collected in the survey phase. It is important to have a Community Relationship Management Tool or CRM to keep track of residents’ contact information, support level, concerns, and hopes for the project. You can then use your database when following up with residents in the various strategies listed above. This can be as simple as a Google or Mircrosoft spreadsheet created for FREE through their provided survey tools or a more sophisticated programs like…

Campaign needs checklist:

For event registration:

Email blast & targeting segments:

• HubSpot

• Eventbrite

• Constant Contact

• Salesforce

• Mailchimp

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L A C O L HIRE TO: S E V I T A E CR •

Help communicate the coalition’s mission using their art form

•

Orchestrate a public performance

L A C O L HIRE TO: S R E N G I S DE • Develop the coalition logo.

• Develop a campaign brand, including assets like color palette, textures, illustrations, and icons that can be used across brand touchpoints.

• Build a website to host information on the campaign, survey and CRM portal to collect data.

• Create social media toolkit templates.

L A C O L S R HIRE TO: E H P A R G O VIDE • Make short informational videos related to the campaign.

• Vlog the process.

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HOST EVENTS NEAR THE PEOPLE Build the culture of civic leadership we want our elected officials and government to display by hosting transparent community events where local residents most impacted by the development are invited to speak and mingle with the coalition. Make these meetings accessible either in person or virtually.

Here you can survey more residents, handout information fact sheets or other materials related to the campaign, sign up interested community members who would like to join the coalition and even take the time to learn about their available advocacy capacity.

EVENT IDEAS Feed attendees – bring in food from a local eatery.

Host a concert – Have local artist(s) who hold similar values about CBA’s help turn out folks to participate in a concert where coalition members can speak on stage.

Host a workshop – This can be a creative workshop or educational, the key is to make time to talk about the CBA campaign and let registrants know they will be updated about CBA progress.

Host a town hall – To gauge residents’ interest about the CBA and educate them on the process.

CREATE A LEADERSHIP COMMITEE A space to keep locals updated about the project and build leadership from the neighborhoods most affected by the development. This committee meets regularly to plan strategy, teach leadership, handout needed resources and build the culture of land stewardship.

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KEY POINTS: • Engaging the local community most affected by the development is key to systems change.

• There are many strategies to engage residents but ensure you strategically deploy them to avoid burnout.

• Continually collect data and ensure it remains active (keep information up to date) Identify local leaders from all backgrounds and skill sets to join the coalition as advocates, volunteers, or creative contractors building tools for community engagement.

• Host events near the people to help you connect at a human level, use these opportunities to gain new insights, collect data and identify new leaders.

• Engagement is about teaching stakeholders and strengthening leadership in the neighborhoods by providing training and resources to leaders you identify through the engagement process.

• The Leadership Committee is where people stay connected to the work.

QUESTIONS TO ASK: • What are great locations to host events near the development project location?

• How many leaders can you realistically engage without burnout?

• What is the frequency of engagement the committee can agree to?

How frequent are meetings? How many events?

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IDENTIFY

5

COMMUNITY PRIORITIES

The research and engagement phase should give you a clear understanding of your communities priorities. Some common areas of importance are jobs, housing, neighborhood services, and environmental issues. These topics can be better defined; e.g. affordable housing, poor air quality, the need for high road jobs.

When defined, it is time to bring a list to community stakeholders and, through a democratic process like ranked choice voting, determine the top priorities. This is an important step for the negotiation stage when coalitions may have to pick one priority over another to complete negotiations and have a CBA signed by the developer.

The Peaslee Neighborhood Center in Over-the-Rhine in Cincinnati has developed one of these tools, called the “Equitable Development Rubric.”

KEY POINTS: •

Priorities must be defined and ranked before negotiation phase.

•

Use a strategy like Ranked Choice Voting or Equitable Development Rubric to determine top priorities.

QUESTIONS TO ASK: •

What can the coalition agree to live without in regards to the development in question?

•

What are the community’s needs that should be prioritized?

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6

DRAFT THE CBA OUTLINE Using legal counsel and consultants, the coalition should draft the CBA Outline that they want attached to the development project. This will be useful when contacting the media or sharing progress with community members.

KEY POINTS: • An outline is critical for the public and decision makers to understand what the community wants when it comes to the specific project.

• Hiring a consultant who has legal experience in CBAs is crucial to making your CBA legally binding

QUESTIONS TO ASK: •

Who will draft the CBA language? Will you hire a consultant or keep it internal?

• Will you hire a consultant or keep work internal?

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EDUCATE

7

THE DECISION MAKERS

If a development project seeks zone changes or tax incentives, approval by a local elected body, usually city council, is needed. Generally, approval by a council committee, and then the full council is required.

After the community coalition is established and has determined its top priorities, a coalition representative should contact the elected officials (or city council staff) most involved in the proposed project and brief them on the coalition, its priorities, and any engagement it has had or plans to have with the developer. The coalition representatives should ask that the officials condition a vote in favor of the project upon the developer’s support for the coalition’s priorities (CBA).

Elected officials can be an important ally in a CBA negotiation because they can persuade their colleagues on council to delay a vote on the project to allow more time for the coalition to negotiate with the developer or engage the community at large. They can also apply pressure on the developer to reach an agreement with the coalition.

The coalition should research the council to determine which members are on committees relevant to the project. The coalition should power-map to assess whether it can count on commitments of support from a majority of the committee and/or council members.

The most effective way to communicate with elected leaders is to keep communications short and to the point and to keep them updated on critical developments in the process, especially when votes on the project are approaching.

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KEY POINTS: • Hold regular research meetings with council members to brief them on coalition progress and understand where they stand with the project.

• Powermap and assess who you need to speak to in regards to support for the project.

• Make sure you show up in numbers to committee meetings or council meetings where votes are being made.

QUESTIONS TO ASK: • Who from the coalition has already established relationships with decision makers?

• Who is taking the lead on setting up research meetings with decision makers?

• How will the coalition show up to research meetings? Will there be representation from all members or designated representatives who will report back to the entire coalition.

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8 APPROACH

THE DEVELOPER

After a community benefits coalition is established and it has garnered community support, the coalition can bring its concern about the development to the developer. For this to be effective, it is critical for the coalition to have notable backing by the residents, neighborhood, and other stakeholders. In the absence of sufficient community pressure, CBA negotiations will not be effective. You can look at your CRM and survey data to credential your coalition’s engagement and connectedness to the community.

Often, particularly if a coalition is new, support from key elected officials will help bring developers to the table. It may be necessary to take legal action against objectionable aspects of the development to inspire a willingness to negotiate. Unless developers face significant public pressure and/or legal leverage that jeopardizes public approval, developers are unlikely to compromise. It is okay to be skeptical and not trust developers until proven otherwise because most developers main motivation is profit.

Note: When CBA negotiations become commonplace in a city, developers are more likely to negotiate at the outset of a project, even prior to putting forth a proposal to the city. This was the case in Los Angeles in 2004, after a community benefits coalition successfully halted a new Wal-Mart Superstore. Subsequently, nearly every major developer in the city first approached the coalition before proposing a project.

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KEY POINTS: • Use your collected data and survey results to credential your connectedness to the community. How many residents have you engaged?

• Get stakeholders and council members to give you letters of support.

This can take the form of a partnership/membership for the coalition.

QUESTIONS TO ASK: • Who from the coalition will approach the developer to ask for a meeting?

• What stakeholders and/or elected officials should be involved in reaching out to the developer?

• Who can we ask for letters of support for the coalition’s CBA?

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NEGOTIATE

9

It is critical for coalitions to enter negotiations having already determined the issues they will fight for and the concessions they will make. They must be prepared with creative solutions in response to developer pushback.

The coalition’s CBA negotiating team will ideally include experienced negotiators, individuals well-versed in the issues important to the coalition, and those that may have unique insight into the developer’s processes. It would be wise to seek legal counsel at this point if the coalition has not previously sought representation. The developers and city will be represented by their own counsel, and the coalition will need their own attorneys to represent their interests. A CBA is a legal contract and should be carefully drafted to avoid loopholes. This is why it is important to involve an attorney who is well-versed on the issues to assist in negotiations and in drafting the final agreement that contains concise language that is legally binding.

Note: Negotiating a beneficial CBA requires a united coalition between residents, community representatives, and other stakeholders. A united front is essential to deter developers from adopting a divide and conquer approach, in which they make concessions to one interest group in the coalition while ignoring all other concerns. The developer will then claim to have garnered the support of the community, despite having made minor accommodations to one interest group.

For instance, a developer may agree to use union labor for the construction of the project while ignoring concerns of those unions whose members may seek to fill the development’s new retail and service job, and nevertheless claim to have union support. Or, a developer may accede to demands from environmentalists, while disregarding issues related to jobs and housing.

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E

To protect the strength of the coalition, the coalition and its representatives must continue to make sure its members feel heard and well-represented. During negotiations, the coalition’s interests will be advanced by selected representatives. Not every member of the coalition will be at the negotiating table, it is essential for the coalition to have a transparent process for setting priorities and deciding on negotiation tactics. It is important to keep all coalition members and the community informed of updates.

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KEY POINTS: • It is imperative that the coalition maintain a united front on all issues and agree on any concessions in order to defend against such divide and counter-tactics.

• It is strongly recommended to seek legal counsel at this time, developers and the city will have their own legal representatives present.

• Choose coalition members who have experience negotiating, understand the issues and the development process.

• Ensure you have a transparent process for setting priorities and deciding on negotiation tactics.

• It is important to inform the coalition and community on updates regarding the negotiations.

QUESTIONS TO ASK: • Who from the coalition will be present at negotiations?

• What are the issues we will fight for? Where can we make concessions?

• Who will we hire as legal counsel?

• What is the plan to be transparent with coalition and community members in regards to the negotiation process? A debrief meeting?

An email? A public statement?

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USE CITY PROCESSES

10

& MEDIA TO YOUR ADVANTAGE The timeline of every CBA negotiation will be different. Negotiations may begin and end satisfactorily before the project reaches the city council for a vote. Or, a project may go through the entire city development process without engaging the community, and then the city council will pressure the developer to engage in CBA negotiations before it considers the project at all. As a rule, the earlier a coalition can be involved, the better.

It is important for the coalition to know exactly what governmental approvals the developer must obtain, with knowledge of deadlines and public hearing dates, so the coalition can use them to make its case to the public and to elected officials. For example, if a developer needs to begin work by a certain date to retain its demolition or building permit, the coalition can use this date as a deadline for something it requests from the developer: a briefing, a draft of a CBA section, a meeting.

Processes that may impact a developer’s timeline include: • Demolition permits

• Zone changes

• Building permits

• Planning commission approvals

• Zoning variances

• Committee hearings

• Staff conferences

• City council meetings

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Exert leverage to bring developer to the table The coalition may have to build a sustained, comprehensive campaign for community benefits around a project before the developer will come to the table or make sufficient commitments to justify community support of a project.

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This campaign can include: • Direct lobbying of elected officials and city staff.

• Notifying any reporters covering the issue that the community has significant concerns.

• Using social media to amplify the community’s voice and raise support.

• Protests at the worksite or at City Hall.

• Artist-led community responses or interventions.

• Working with influencers in the community willing to shed light on the CBA. • Telling the stories of those most affected by the development project.

KEY POINTS: • The timeline of every CBA negotiation will be different.

• Identify processes that may impact a developer’s timeline.

• Exert leverage to bring the developer to the table.

• Utilize the media to bring attention to the project.

• Tap into the creative community to reach a wider audience through artist led interventions.

QUESTIONS TO ASK: • Who in the city can help identify the developers timeline?

• Who from the coalition can research the developers timeline?

• What media outlet(s) should we involve?

• What creative(s) in the community can volunteer or be paid to lead a community response?

• Any local influencers willing to shed light on the coalition’s work and CBA?

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11

SIGN THE CBA

JUST SB TOOLKIT | Community Benefits Agreements

In the final stages of negotiations, there may be considerable backand-forth between the coalition’s legal counsel and the developer’s counsel, as both sides work on drafting the final CBA. Parties to the CBA may include the coalition, groups within the coalition, the developer, and at times, the city.

Remember, the main reason a developer will want to sign a CBA is so that the coalition will support the project in return. This is when the developer expects YOU to hold up your end of the agreement.

Coalition support might just mean agreeing to not oppose the project, appearing at public events, and appearing before city council.

KEY POINTS: • Prepare for a back and forth between legal counsels as the final CBA is drafted.

• Coalition should be upfront about their agreements to developers and hold up their end of the deal.

QUESTIONS TO ASK: • How will you show support of the project?

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, T N E M E L P IM ONITOR, M FORCE N E &

12

The coalition must maintain continuing oversight to ensure that the terms of the agreement are upheld. Continuing communication between the coalition, community, and developer is essential.

The CBA can be implemented starting on the date that it is signed, and implementation may extend for years, during which time the terms, like hiring contractors and choosing tenants, establishing training programs and hiring systems, and building and renting affordable housing, begin tterms of a signed CBA as the project develops and new issues arise. After signing the agreement, coalitions should continue acting as watchdogs for community interests.

While the CBA is enforceable by design, the experience around the country is that coalitions have not had to bring litigation to enforce CBAs. Developers are familiar with negotiating contracts and understand the enforceability, although project tenants and other successors may have to be reminded of CBA terms. Sometimes, a reminder about a CBA provision is required, but expensive litigation has not been necessary.

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KEY POINTS: • Language in the CBA should clearly define deliverables, benchmarks, responsibilities of the signatories.

• Create formal structures for community-based oversight and enforcement of each CBA provision that include clear penalties and broad remedies, e.g., clearly defined reporting processes and recordkeeping requirements for each employer involved in development to provide to a “Community Advisory Council,” established to monitor implementation of CBA.

QUESTIONS TO ASK: • Who will work on drafting the community-based oversight and enforcement plan?

• Are there consultants you can hire to help with enforcement, oversight and implementation?

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CBAS

SUCCESSFUL

As we are in the process of advocating for CBAs in San Bernardino, these are some successful projects we look towards for guidance.

JUST SB TOOLKIT | Community Benefits Agreements

OAKLAND'S ARMY BASE CBA

The Revive Oakland coalition was led by a 12-organization steering committee and represented over 30 entities, including community organizations, faith leaders, labor unions, and government agencies.

The coalition led extensive CBA negotiations between the city, coalition, and developers, which resulted in the Oakland Army Base CBA. The coalition’s multi-pronged strategy included creatively engaging its member organizations’ strengths through organizing, media outreach, research and policy development, legal support, leadership development, rallying interfaith congregations with the project, contacting voters to gauge support for key provisions of the agreement, and engaging political leaders. The city and coalition members entered into a co-operation agreement under which the groups agreed to support the project in exchange for assurances about the delivery of community benefits.

CONCRETE WINS: • Based on coalition priorities, CBA established Four Jobs Policies, which included clearly defined deliverables, benchmarks, responsibilities for hiring locally (including maps, streets, and zip codes for priority hiring areas), project labor agreements, long-term construction career opportunities, living wage standards, establishment of a jobs resource center in West Oakland, and requirements for employers to not ask about criminal background on job applications.

• Jobs policy agreements were included as terms of the Lease Disposition and Development Agreement between city and developers and made binding on project contractors and tenants, as well as successors and assigns.

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PIT

JUST SB TOOLKIT | Community Benefits Agreements

TTSBURGH HILL DISTRICT CBA

The One Hill Coalition has negotiated the first ever Community Benefits Agreement (CBA) in Pittsburgh. This agreement comes after nearly a year of negotiations with the Pittsburgh Penguins, the Sports and Exhibition Authority (SEA), the Pittsburgh Urban Redevelopment Authority (URA), the City of Pittsburgh and Allegheny County. This historic first step begins the process of ensuring that major economic development projects provide concrete benefits to the communities where they are located.

The Hill District CBA includes $8.3 million in financial resources for neighborhood improvement efforts in the Hill District, plus numerous non-financial benefits, such as a community-driven Master Development Plan, a commitment that Hill District residents will have first priority for jobs that are created in connection with the development of the Arena and adjoining area, and a commitment that those jobs will pay family sustaining wages.

CONCRETE WINS: • Clearly defined local hire and living wage requirements for jobs at the arena and hotel; city, county, and developers committed exact dollar amounts to specific projects within CBA, including $1,000,000 towards securing a grocery store within the Hill District by a certain date, and $150,000 per year for at least two years to start model first source referral center to provide and coordinate job preparation, training, and supportive services.

• CBA binds the agents, assigns, and successors of each party to the agreement, so that if there is a new developer, the agreement would still be binding upon them.

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KINGSBRIDGE ARMORY CBA

Kingsbridge Together coalition includes representatives from elected official offices, community stakeholders, labor, small businesses, faith based organizations, health groups, academic institutions and economic development groups.

CONCRETE WINS: • Developer required to contribute $8M dollars initially for specific purposes, including establishing an annual $10,000 renewable energy scholarship fund for residents of Northwest Bronx to be trained to operate developer’s geothermal and/or solar power systems; establishes a “wall to wall” living wage payment requirement, covering all workers within the project.

• Individuals not paid a living wage have cause of action against the developer and employer to enforce terms; and entitled to interest and attorneys’ fees if successful; clearly defined process with deliverables and deadlines for employers that provide Community Advisory Council to seek various remedies, including monetary damages or injunctive relief in court.

• Created formal structures for community-based oversight and enforcement of each CBA provision that include clear penalties and broad remedies, e.g., clearly defined reporting processes and recordkeeping requirements for each employer involved in development to provide to a “Community Advisory Council,” established to monitor implementation of CBA.

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SOURCES 1. “Common Challenges in Negotiating Community Benefits Agreements.”

PowerSwitch Action, Partnership for Working Families and Community Benefits Law Center, Jan. 2016, https://www.powerswitchaction.org/resources/common-challenges-in-negotiating-community-benefits-agreements

2. “Community Benefits Agreements.” Action Tank, PolicyLink and Julian

Gross, https://www.actiontankusa.org/community-benefits-agreements

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justsb.link/cbacomic Read our CBA comic here!

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