In recent months the Los Angeles City Council has prohibited silly
string, for one day of the year, in one community only, and it
has adopted brave new laws requiring grocery stores to keep better
track of their shopping carts. Members have pondered banning smoking
at beaches and have opened negotiations on the use of land hundreds
of miles away in the Owens Valley - before learning that they
have no authority to do any such thing.
Such initiatives may provoke a chuckle or two and may even prove
to be in the best interest of city residents after the laughter
dies down. But they hardly constitute the kind of progressive
reforms expected in some quarters after last year's elections
bolstered the council's liberal core.
With Eric Garcetti and Ed Reyes already leading the way on several
key projects, and with strong backing from council President Alex
Padilla, the council's progressive agenda was supposed to take
off with the addition, in July 2003, of Antonio Villaraigosa and
Martin Ludlow. First on the books was to be a ban on big-box stores
selling groceries, followed by inclusionary zoning to guarantee
more housing for middle-income and low-wage residents, and community-impact
reports to let neighbors know what proposed developments would
do to local paychecks, job movement, traffic patterns and home
prices. Next up would be sweeping environmental initiatives, labor
policies and police reforms.
What happened? Starting with the big-box ban - which would have
prohibited Wal-Mart Supercenters and similar grocery-selling,
wage-lowering discount mammoths - did the council chicken out?
Members this week passed a modified big-box ordinance that discards
the proposed ban and shrinks the area subject to the law from
the entire city, as lawmakers once contemplated, to only designated
economic-development areas.
Wal-Mart has bullied one city after another into backing down
on bans against its Supercenters, which it began opening in California
this year. When cities have moved ahead with tough restrictions,
the company has been quick to counterpunch with lawsuits or ballot
measures.
That, at first glance, appeared to be what was at work in Los
Angeles. Wal-Mart spokesman Peter Kanelos told a joint committee
chaired by Garcetti and Reyes earlier this month that their new
ordinance, while faulty, was "not as bad" as the total
ban they put together before. That's practically code for "we
beat you into submission."
But it could well be that instead of beating a hasty tactical
retreat, Garcetti and Reyes - in mulling and refining the ordinance
for months and in finally eliminating the outright ban in favor
of community input - actually made an astounding strategic advance.
Wal-Mart watchers around the nation are now looking closely to
see whether Los Angeles will strike the first successful blow
against the world's largest corporation since the Battle for Inglewood
in April.
The law, which goes to a final council vote next week, requires
the developer of any superstore eyeing sites in L.A. to show what
effect projects would have on prospective new neighbors (a second
council vote is needed before the measure proceeds to Mayor Jim
Hahn for signature). With economic, pollution and traffic data
compiled and presented by analysts hired at the superstore's expense,
and with small businesses and living-wage activists on notice,
local officials will now be able to give the final thumbs-up (or
-down) to any mammoth store on a case-by-case basis.
Any retailer proposing 100,000 square feet or more of sales-floor
space, with at least 10 percent of it devoted to the sale of non-taxable
goods (groceries and prescription drugs), would be subject to
the ordinance. That takes in pretty much any Wal-Mart Supercenter,
which usually measures around 200,000 square feet and is the primary
target of unionized grocery workers at traditional supermarkets.
Restricting the laws to economic-assistance zones is not as limiting
as it might seem. Once redevelopment areas and several types of
empowerment zones are accounted for, the only places left over
are communities like Pacific Palisades, Brentwood and Woodland
Hills that, frankly, are stocked with enough wealthy and influential
homeowners that there's no way they would get a superstore unless
they demanded one.
City Attorney Rocky Delgadillo was prepared to go to the mat
defending a comprehensive citywide ban, and backers of the more
sweeping measure actually looked forward to a court challenge
because Delgadillo's people said they could win.
But they could also lose. The more limited ordinance has a better
chance of emerging victorious not just at trial, but at the crucial
pretrial stages where costs are weighed and compromises are brokered.
The more airtight the ordinance is, the less likely the city would
be to back down in settlement negotiations with a big-business
plaintiff.
And then there is the ballot process, which Wal-Mart has used
to roll back government-imposed restrictions in a host of communities
up and down the state. A sweeping superstore ban would almost
certainly end up on a future ballot as a referendum, where voters
would have to vote "yes" if they want to keep it in
effect. Getting people to vote "yes" on a ballot measure
is always harder than getting them to vote "no," as
Inglewood voters did when they blocked Wal-Mart's plan to bust
through a host of planning and environmental laws. Under the new
law, though, it is the big-box company that will have to ask community
members to say "yes" to any given development. And they
will have to back up their request with data.
Is there any chance that a Wal-Mart Supercenter could survive
the community-impact process? Sure, there's a chance, somewhere
between slim and none. And that represents another strategic advance
for progressives: Any superstore that still wants to come to town
would have to change its ways. It would have to market its project
to the neighborhood, offering not just jobs but other community
benefits to balance out the burden it would place on traffic and
the downward pressure it might exert on wages. A store would be
compelled to engage the community in discussion and, in effect,
become a responsible neighbor.
That's the hope, at least, of the Los Angeles Alliance for a
New Economy (LAANE), the group that brought Los Angeles the living
wage and took the lead role in organizing the successful Inglewood
campaign in April.
"These changes were our suggestions," LAANE's Roxana
Tynan said. "It's based on what we learned in Inglewood."
Which brings us back to the Community Impact Report (CIR), the
LAANE-sponsored plan to require developers of all major projects
in Los Angeles to submit an economic and environmental analysis
to community review before being allowed to move forward. The
CIR went earlier this year to the City Council and the Community
Redevelopment Agency, but both bodies waited to see what the other
would do. In the end, there was too much opposition from business
and development interests, so the CIR was put on hold while the
superstore plan was hammered out.
And here now is a superstore ordinance that includes in its new
smarter form a template for community input on development projects.
The CIR has its foot in the door in the big-box law and will get
an opportunity to prove itself and, its backers hope, calm any
fears that it will dry up development.
In fact, neither the superstore law nor the CIR is essentially
new in Los Angeles. The city's general plan already couches land-use
questions in terms of the quality of life. The superstore ordinance
is also a land-use law but is aimed more specifically at economic
impact.
There is still room to argue over whether the final say on development
in the city will belong to neighborhoods or to LAANE and labor.
But to Garcetti, Reyes and their council allies, the ordinance
is a step in the right direction. The next move, after Labor Day,
is inclusionary zoning - a year late, perhaps, but right on time.