Being sensitive with labor agreements

Labor and union agreements are news. Even though the media usually prefers a nice, long, drawn-out, seemingly insurmountable negotiation process, labor agreements are newsworthy.

Be cautious here, though — unions are usually quite sensitive about which negotiation and/or agreement information can be shared, while the media wants as many details as possible. To get picked up, share as many details as you can without making the union uncomfortable.

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Published on Noozhawk.

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Santa Barbara Chamber Orchestra finalizes labor agreement with musicians in record time

The Santa Barbara Chamber Orchestra and the American Federation of Musicians Local 308 have finalized their union labor agreement for the next three concert seasons.

“The board and the musicians were able to negotiate the Collective Bargaining Agreement so quickly because we share the same vision for the future of the orchestra and its importance to the Santa Barbara community,” said Kevin Marvin, Santa Barbara Chamber Orchestra Executive Director.

Local 308, the labor union for professional musicians located in Santa Barbara, represents the 30 to 40 musicians in the Santa Barbara Chamber Orchestra. The national union comprises 424 Locals representing 85,000 musicians throughout North America.

The Santa Barbara Chamber Orchestra, a critically-acclaimed chamber orchestra that has performed well-known classical repertoire and hosted world-class soloists since 1978, kicks off its 2014-2015 concert season with a tango-themed gala event titled “Tapas and Tango” and presented by Chaucer’s Books. The gala starts at 5:30 p.m. on Saturday, Nov. 1 at the Lobero Theatre. Professional tango dancers Sandor and Parissa, from ABC’s Dancing with the Stars, will perform during the gala. The concert, sponsored by the Walter J. & Holly O. Thompson Foundation, starts at 7:30 p.m. and will feature Antonio Vivaldi’s Four Seasons and Astor Piazzolla’s Four Seasons of Buenos Aires.

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The Santa Barbara Chamber Orchestra strives to maintain the highest artistic quality possible, produce the finest music heard in Santa Barbara and perform well-known repertoire as well as music written in this century. Conducted by Heiichiro Ohyama, the Chamber Orchestra was founded in 1978 by then-conducting student Jeffrey Evans. Current and past SBCO musicians perform with the New York Philharmonic, Los Angeles Philharmonic, Los Angeles Opera, Pacific Symphony, Saint Louis Symphony and Santa Barbara Symphony. For more information, visit www.sbco.org.

Using a generous gesture to garner publicity

As we shared in a previous blog post, 

“Editors and reporters are not in the business of advertising companies. They care more about how your business engages and benefits the community than how your business makes you money. Yes, they are interested in new products ... but they are more interested in how those products benefit the community and the public.”

So, when Community West Bank employees volunteered for a local Habitat for Humanity build, we were able to capitalize on their generosity and get them published in local publications.

It is important to mention details of the volunteer project as a whole (paragraph 2) and specific examples of what the volunteers accomplished (paragraph 3), though we do tell about the bank at the end.

The important thing here is not that everyone who reads the story knows Community West Bank's specialties, but becomes familiar with their name and associates their name with philanthropic project.

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Published on Noozhawk and in CASA Magazine.

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Community West Bank helps build Habitat for Humanity homes

L to R: Cynthia Hooper, Terre Lapman, Eric Swanson, Christine Navarro, Sean McCulloch, Debi Scott, Chris Lem, Marty Plourd with daughters Makenzie and Audrie Plourd, Eric Schapel, Carlyn Smith, Jon Apilado and Joshua Lem.

Fourteen Community West Bank employees volunteered their Saturday to help build Habitat for Humanity’s Canon Perdido Affordable Homes Project.

The project, located at 822 and 824 E. Canon Perdido St., comprises 12 new affordable homes for low and very-low income families. The three-, two- and one-bedroom units range between 750 and 1,200 square feet each and will be certified “Passive Houses,” with the goal of near zero energy usage.

Community West Bank volunteers painted, helped dig holes for fence posts, weeded and cleared the construction site. In addition to donating their time, the team also donated money for the paint and other supplies they used, according to Carlyn Smith, senior vice president and community reinvestment officer at Community West Bank.

“Everyone had a wonderful time,” Ms. Smith said. “Working alongside the homeowners gave us such enthusiasm and a great sense of accomplishment. Affordable housing is near and dear to my heart. The bank has supported and donated to Habitat’s great work for years; however, this year, we were glad to also contribute some sweat equity. Partnering with the homeowners and seeing their pride in ownership — that was the best investment.”

Community West Bank hopes to expand its partnership with Habitat for Humanity in the future, Ms. Smith said.

“We hope to offer more financial education for Habitat homeowners — from lending prospective to deposit prospective,” she said. “We want to be a resource to anyone who comes through Habitat.”

Community West Bank was founded as Goleta National Bank in 1989. In 2004, the name changed to Community West Bank to better reflect the bank’s expanding footprint while emphasizing its three core services: relationship banking, mortgage lending and small business administration (SBA) lending. It has since grown and now has $550 million in assets and 130 employees at five branches — Goleta (the original), Santa Barbara, Santa Maria, Ventura and Westlake Village.

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Community West Bank is a full-service bank focused on relationship banking, mortgage lending and small business administration lending in California. The bank opened for business in 1989, and has since grown to five branches, and additional mortgage loan and SBA loan offices. Branches are located in Santa Maria, Goleta, Santa Barbara, Ventura and Westlake Village. Member FDIC, Equal Housing Lender. For more information, call 805-692-4379 or visit www.communitywestbank.com.

GIMME A GRABBER: 8 Tips for Writing Effective Headlines

By AMY MARIE OROZCO

It’s the headline that makes the sale in the publicity marketplace. The headline’s the one that grabs and holds the editor’s roving eye. No matter how brilliant your story may be, it won’t be read without the siren song of a headline.

Good to know, right? Better to know, though, is how to write a great headline.

1. Keep it simple and direct. The goal of a headline is to hook the reader. Even with all the changes the digital era has brought, the typical headline remains only five to eight words. Examples: “Unresponsive Private Plane Crashes Off Jamaica” from the HuffingtonPost.com, and “Assassin Kills Kennedy: Lyndon Johnson Sworn In” from the Chicago Tribune.
2. Express a complete thought. A headline has a verb, a subject, and sometimes an object. The stronger the verb, the better the headline will be. Examples: “Lava Threatens to Cut Off Town” from CNN.com and “Titanic Sinks Four Hours After Hitting Iceberg” from The New York Times.
3. Be specific. Readers make decisions in milliseconds. Don’t lose them by making generalities. Capturing their attention is in the details.
4. Save the one- and two-word headlines for earthshaking events. Example: “Diana Dead” from The Daily News.
5. Avoid the status quo. “No Word on New Tax Initiative” tells the reader not to bother reading. “Traffic Remains Top Commuter Complaint” is sure to induce a big yawn. 
6. Watch the hyperbole and exaggeration. Forego using miracle, amazing, breakthrough, and other such words indicating the copy to follow is full of hot air. 
7. Sidestep the “Upworthy Style.” Don’t bother with the trendy teasers hogging papering cyberspace, such as “This little boy was wheelchair-bound since birth. What happened at his aunt’s wedding will blow your mind.” Or, “This dog nursed an orphaned raccoon. You won’t believe the end result.”
8. Apply the “doo-dah rule.” To make sure the headline sings (sounds good to the ear), say “doo-dah” after it. If there is a rhythm, you are good to go. Examples: “Nixon Resigns doo-dah” and “Dewey Defeats Truman doo-dah doo-dah.”

Residential Solar Panel Use in California and Impacts Upon Neighbors

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Published in Citations, the magazine of the Ventura County Bar Association.

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By MARK F. MILLER

We have all seen or heard the ads beckoning homeowners in Southern California to turn their roofs into power generation plants through the installation of purchased or leased solar panels and, thereby, avoid all or a large portion of their monthly electric bills. Some ads promise that (if leased) the panels can even be installed at no cost to the homeowner. What is not discussed is that many legal issues – regulatory, contractual and impacts upon neighbors – may arise in connection with installing photovoltaic (PV) panels. Failure to heed these issues can result in potential litigation and liability, loss of investment, loss of insurance coverage or enforcement by governmental authorities or homeowner associations.

PV panels convert sunlight into electricity, which is then converted into AC current suitable for household use. Panels generally require little-to-no maintenance, usually have no moving parts, and do not produce carbon emissions. Panels can be purchased outright but are usually the subject of complicated leasing arrangements with the installers, in which a one-time lease payment is made in exchange for the prospect of future free or reduced electricity costs. The market value of the property may be affected, as some buyers may be attracted to a home with a solar panel, while others may consider the risks and drawbacks off-putting. Uncertainty exists as to ownership of the panels in the event of foreclosure of the property.

California’s solar access laws appear in the Civil, Government, Health and Safety and Public Resources Codes. Civil Code section 801.5 provides that neighbors may sign solar easements to ensure proper sunlight is available for PV panels. Government Code section 65850.5 permits subdivisions to include solar easements applicable to all subdivision plots. Public Resources Code section 25980 contains the Solar Shade Control Act (SSCA), under which trees and other natural shading planted after installation of a solar collector may not cast a shadow that covers more than ten percent of a neighboring property’s solar collector absorption area between the hours of 10 a.m. and 2 p.m.

Nuisance (Civ. Code, § 3479) is the “unreasonable interference with the use and enjoyment of the property of another.” One potential nuisance impact from PV panels is extreme glare. In certain alignments, mirror-surface solar panels may direct and concentrate reflected sunlight (and intense heat and glare) toward neighboring properties. In one well-publicized example, the mirrored convex surface of a London skyscraper concentrated sunlight into a “death ray” that melted the interior of a nearby parked Jaguar. A dearth of case law exists in California as to allowable levels of heat, light, glare and inconvenience that may be directed by PV panels to a neighbor’s property. By analogy, provisions of the Los Angeles Municipal Code restricting exterior lighting may be useful. LAMC § 93.0117, provides that “no exterior light source may cause more than two footcandles (21.5 lx) of lighting intensity or generate direct glare onto exterior glazed windows or glass doors; elevated habitable porch, deck, or balcony; or any ground surface intended for uses such as recreation, barbecue or lawn areas or any other property containing a residential unit or units.” Until the heat and glare issue is clarified, it is prudent for PV owners in residential areas to minimize impacts on neighbors through use of solar panels constructed with non-reflective tinted glass.

Another potential adverse impact on neighboring properties from PV panels is loss of view. There is no general protection for light, air or view in California; however, exceptions exist for (a) recorded height restriction covenants; (b) municipal view ordinances; (c) CCRs; and (d) “spite walls” (or “living walls,” per cases holding that a massed line of trees planted for spiteful purpose can constitute a “living spite wall”). Height limitations for PV panels are contained in LAMC §12.21.1B(3) which specifies the allowable height deviation for certain roof top features and states: “In all zones, Solar Structures may exceed the roof surface by three feet even if the roof surface is at or above the allowable building height limit.”

Prohibitions and restrictions against use of solar panels may be contained in CCRs, architectural guidelines or rules and regulations of homeowner associations or CIDs. Civil Code section 714, subdivision (a), part of the Solar Rights Act, renders “void and unenforceable” any covenant, restriction, or condition “that effectively prohibits or restricts the installation or use of a solar energy system.” Subdivision (b) makes this prohibition inapplicable to provisions that impose only “reasonable” restrictions on solar PV, i.e., those which do not “significantly” increase the cost of the system or decrease its efficiency or performance. Subdivision (d) defines a cost increase of more than $2,000 or efficiency decrease of more than 20 percent as significant.

The Public Utilities Commission has made retrofit installation rebates available to energy customers of the state’s three investor-owned utilities – Pacific Gas and Electric Company, Southern California Edison and San Diego Gas and Electric – through the California Solar Initiative. On the federal level, a personal tax credit is available for certain qualified residential and commercial solar installations; the credit is 30 percent of the cost of a system “placed in service” from Jan. 1, 2006 through Dec. 31, 2016.

A description of energy cost advantages to consumers from PV and guidelines for safe PV installation are found on the state’s “Go Solar California” website. “Net energy metering,” is a billing arrangement that provides credit to customers with solar PV systems for the retail value of the electricity their system generates. The customer’s electric meter tracks the amount of electricity consumed by the customer and the amount of excess electricity generated by the system and sent back into the electric utility grid. Over a 12-month period, the customer pays only for the net amount of electricity used from the utility (plus certain distribution costs).  Customers who generate a net surplus of energy at the end of a twelve-month period can receive payment for the excess energy under special utility tariffs.

In PV panel placement, careful consideration should be given to regulatory zone, permit and code requirements, as well as impacts upon neighbors. Failure to consider these matters may cause losses or potential liability that far exceeds any energy cost savings realized from the PV installation.

Mark Miller is a partner at Manfredi, Levine, Eccles, Miller & Lanson, APC in Thousand Oaks. He has considerable experience in real estate, business and insurance litigation, real estate development, construction and management and insurance coverage matters. To contact Mr. Miller, call 805-379-1919 or email mmiller@manfredilevine.com.

Names Worth Millions

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Published in Citations, the magazine of the Ventura County Bar Association.

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Michael Jackson

Marilyn Monroe

Jackie Robinson

By DOUGLAS BORDNER

What do Marilyn Monroe, Michael Jackson and Jackie Robinson have in common? Names worth millions.

Over the past several years, there has been much news coverage of the income generated by the estates of deceased celebrities, including deceased entertainers and sports figures. Forbes magazine reported on October 23, 2013 that Michael Jackson’s estate earned an estimated $160 million dollars between June 2012 and June 2013. Elizabeth Taylor’s estate earned an estimated $210 million in 2011 and $25 million dollars in 2012. Elvis Presley’s estate earned an estimated $55 million dollars in 2013, and Bob Marley’s estate earned an estimated $18 million dollars in 2013. This has not always been the case. Only recently, with changes in the law, have families of deceased celebrities been able to both profit from their names and likenesses, and adequately protect their names and likenesses.

In 1971, the State of California enacted Civil Code section 3344, which allowed a living individual to recover damages for the unauthorized use of his or her name, photograph or likeness for commercial purposes. However, this law did not extent to deceased individuals. As the common law right was derived by the laws on privacy, it was not transferable upon death and the rights of publicity expired when the individual died. With the invention of television and film, companies began to use the name and likeness of deceased individuals to market products using clips of entertainers in television commercials. The most famous one being a clip of Fred Astaire from “Singing in the Rain” in a commercial for vacuum cleaners.

Families of several deceased celebrities attempted to prevent their famous deceased relatives’ names, likenesses and voices from being used without their permission and without compensation, but California courts ruled that deceased celebrities had no rights; the rights died with them. As a result, several families of deceased entertainers, including the family of the late Fred Astaire, lobbied the California Legislature to change the law. In 1984, California passed California Civil Code section 3344.1, commonly referred to as the “Astaire Celebrity Image Protection Act.” Under the law, a right of publicity was created for deceased celebrities for 70 years from the date of death. Subdivision (a)(1) subjects “any person who uses a deceased personality’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent from” specified persons, to any damages sustained and to liability for “the greater of seven hundred fifty dollars ($750) or the actual damages suffered by the injured party or parties, as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages…”.

Further, section 3344.1, subdivision (b) provides that a deceased celebrity’s name, image and likeness are freely transferable by contract, will, trust or other testamentary instrument.   

Before 2007, courts held that section 3344.1 only applied to celebrities who died after 1985. (Milton H. Green Ar-chives, Inc. v. CMG Worldwide, Inc. (C.D. Cal. 2008) 568 F.Supp.2d 1152.)

In part in response to Milton H. Green Archives, the Legislature changed the law to apply to deceased celebrities who died either before 1985 or after 1985. This allowed the estates of deceased celebrities such as Marilyn Monroe, Spencer Tracy and others to protect and profit from their names and likenesses, and to prevent unauthorized use of the names and likenesses for commercial purposes. Allowing families of deceased celebrities to market their loved ones’ names and likenesses in some cases has resulted in earning millions of dollars,  sometimes even more than the celebrity earned while alive.

For a family to enforce their rights under this law, to the owner of the name and likeness of a deceased celebrity must file with the California Secretary of State’s Office a form titled Registration of Claim of Successor-In-Interest, setting forth the ownership percentage owned in the name and likeness. If this form is not filed, a family cannot recover damages for the unauthorized use of the name and likeness of a deceased celebrity.

What does this mean for attorneys in California? For estate planning attorneys, if you represent celebrities or the families of deceased celebrities, you should familiarize yourself with this area of law. Estate planning documents that you prepare for a client should address the name, likeness and image of a celebrity as a transferable property right, just as any other property owned by an individual. In addition, any attorney representing a family of a deceased celebrity should also make sure that the Claim of Successor-In-Interest form is filed with the Secretary of State.

Not all states have similar laws to protect the name and likeness of a deceased celebrity. If the deceased celebrity did not reside in California at the time of death, California law may not protect the rights of the deceased celebrity.

With new technology and the ability to make deceased celebrities appear in commercials, films, and at concerts, the protection of deceased celebrities’ rights in their names and likenesses will continue to be a growing area in the transactional sector, as well as in litigation.

Douglas Bordner is a partner at Myers, Widders, Gibson, Jones & Feingold, LLP in Ventura. He represents developers, architectural firms, engineering firms and real estate investors. He also handles business acquisitions, mergers, and international software licensing and distribution agreements. Call 805-644-7188 or email dbordner@mwgjlaw.com.

#TBT ANTI-GRAFFITI PAINTING THE HOLLYWOOD SIGN

Over the years, the iconic Hollywood Sign has been sprayed with graffiti from artists ranging from gang members to lovers to adventurers — all wanting to leave their mark.

As public relations’ rep for Textured Coatings of America (TCA), a Los Angeles-based company that manufactures paint and, among other specialty products, an anti-graffiti chemical coating, it’s not hard to figure out how a graffiti-covered sign and a company with an anti-graffiti coating fit together …

Working with the Hollywood Chamber of Commerce, we arranged for Textured Coatings of America to donate the supplies and labor to re-paint the Hollywood Sign’s 50-foot-high letters and coat them with Tex-Cote Graffiti-Guard®.

The project cost Tex-Cote more than $25,000 and took about a week to complete.

As the final day approached, we held a press conference in conjunction with the Chamber of Commerce and invited every Los Angeles newspaper, television and radio station to attend.

As the press conference was underway, we could see the television helicopters flying over the Hollywood Sign as the anti-graffiti coating was being applied.

The Mayor of Los Angeles created a committee titled “The Mayor’s Committee for Graffiti Removal” and TCA’s CEO, Stuart Haines, was named Chairman.

What made this such a smashing success? Why did editors and reporters jump all over this story? Two main reasons:

• The Hollywood Sign is an icon, one everyone recognizes and cares about.
• The story was about the city and the sign, not about Tex-Cote.

Editors and reporters are not in the business of advertising companies. They care more about how your business engages and benefits the community than how your business makes you money. Yes, they are interested in new products (Tex-Cote’s anti-graffiti coating), but they are more interested in how those products benefit the community and the public.

For Textured Coatings of America, demonstrating how their product works by donating their time and money, earned them national publicity for more than a year, just from that one event.