August Legislative Update
WELCOME CAL STRAT’S NEWEST MEMBER, MARSHALL ANDERSON!
BOMA is excited to welcome Marshall Anderson to the California Strategies family where he will lend his advocacy, contacts, and research skills to help achieve BOMA’s goals and amplify our wins. As you know, Cal Strat, has been representing BOMA San Diego handling public affairs. Marshall comes by way of the Downtown San Diego Partnership where he served as Vice President, overseeing the Government Affairs and Economic Development department. Marshall brings good working relationships with elected offices on the local, state, and federal levels, including a wealth of contacts and institutional knowledge, having worked at both the City and County of San Diego. In addition to his extensive government service and public affairs background, Marshall is also an active civic volunteer, serving on the City of San Diego’s Mission Bay Park Committee, Board of Library Commissioners, and the People Assisting the Homeless (PATH) Advisory Board. He previously served as Board Vice President of the San Diego Small Business Alliance (BID Alliance), California Downtown Association Board of Directors, and the San Diego Regional Chamber of Commerce Young Leaders Board. Marshall hails from San Diego where he attended The Bishop’s School before receiving his B.A. from Pitzer College, a member of the Claremont College Consortium. In his free time, Marshall can usually be found reading, kayak fishing, or golfing (poorly). Please join us in welcoming Marshall! Contact: Marshall@calstrat.com | (619) 781-7117
CALIFORNIA STATE OFFICIALS CONSIDER VACCINATION MANDATE FOR INDOOR VENUES
Sacramento lawmakers are weighing what would be one of the strictest COVID related mandates yet, a requirement that Californians show proof of vaccination status to enter indoor venues like restaurants, gyms, hotels, and arenas. Assembly Bill 455 by Assemblymembers Buffy Wicks (D-Berkley) and David Chiu (D-San Francisco), in what is called a “gut and amend” maneuver of a bill that was introduced for a different subject, is now covering COVID related mandates. As an “urgency measure”, if passed by two-thirds of lawmakers before August 31, it would go into effect immediately upon receiving the Governor’s signature. The bill would also require all employees and independent contractors to show proof of vaccination status or take a weekly COVID test, the latter of which would be paid for by the employee’s health insurance or via federal, state, and local funds. As drafted, employers would also be required to provide an additional 24 hours of sick leave. The commercial real estate industry, through the California Business Properties Association and BOMA CAL has concerns about the proposed language and is following the bill closely. To learn more click HERE and HERE.
SENATE BILL 687 (TRAUMA KITS) HELD ON SUSPENSE
Senate Bill 687, which BOMA CAL opposed, would have required the person or entity responsible for building management to provide a “trauma kit,” containing first aid items including a tourniquet. BOMA attempted to introduce amendments, but ultimately, those amendments were not accepted. Ultimately, the bill was held on “suspense,” meaning it is not expected to be taken up again this legislative cycle. The full bill language can be found HERE. BOMA does expect advocates for installing these kinds of kits in buildings to continue their efforts to get legislation passed and will be following it closely in the next legislative session.
CDC RESIDENTIAL EVICTION BAN BLOCKED BY SUPREME COURT, COUNTY MORATORIUM SUNSETS
The Centers for Disease Control and Prevention (CDC) previously announced that it would halt evictions in certain counties that have high levels of positive cases. However, the Supreme Court, this week, blocked the move, stating that the CDC does not have the authority to impose such a mandate. Any attempt by the Biden administration to pursue a nationwide moratorium on residential evictions will now require congressional action. This decision was not a surprise, given the comments made by Supreme Court justices in their previous decision. You can learn more HERE and HERE. Nevertheless, the California residential eviction moratorium is still in effect until September 30th.
MAYOR GLORIA UNVEILS ‘HOMES FOR ALL OF US’ HOUSING PACKAGE
On Monday, July 19, Mayor Todd Gloria announced several concepts and planning initiatives with the goal of incentivizing the creation of more housing options in San Diego:
CITY HIRES NEW HEAD OF HOMELESS STRATEGIES, HAFSA KAKA
Kaka comes by way of Riverside, which had success eliminating encampments and connecting individuals with housing opportunities. In San Diego, she will be asked to work with City departments, service providers, the Regional Task Force on the Homeless, and the County to ensure measurable implementation of the City’s Community Action Plan. Kaka joined the City on August 9th. BOMA looks forward to working with Kaka, the City, the Regional Task Force and others in the homelessness services space to help find solutions that help those on the streets and help clean up the conditions that have clearly gotten worse over the last couple of years.
SANDAG VOTES 11-7 TO ENTER INTO EXCLUSIVE TALKS WITH LOCAL LABOR LEADERS
The San Diego Associated Government Board voted July 23rd to negotiate a community benefits agreement with the San Diego County Building and Construction Trades. The meeting, which stretched over several hours, hosted comments in both support and opposition to the agreement. Proponents, many of whom were union members, argued that workers deserve a guaranteed living wage and benefits, while opponents pointed to increased costs and the exclusion of local non-union workers. SANDAG staff plans to complete negotiations with the Trades and return to the Board of Directors by the end of 2021 for approval. More information can be found HERE.
In other SANDAG news, the Regional Plan is expected to move forward in the fall; however, how to pay for its full implementation remains to be seen. A sales tax, parking tax, and potential tax on vehicle miles traveled are under consideration and will likely come to a 2022 ballot near you! BOMA San Diego’s Government Affairs Committee will be receiving a briefing by SANDAG at its September 20th meeting, which starts at 12:00pm. For more information please contact us at craigb@calstrat.com or marshall@calstrat.com.
COUNTY BOARD OF SUPERVISORS ANALYZE CARBON REDUCTION FRAMEWORK
On July 14th, the San Diego County Board of Supervisors reviewed a set of proposed regulations aimed at reducing carbon and promoting the region’s sustainability. The item is a follow up to a January request that the Chief Administrative Officer develop a framework to achieve zero carbon by the year 2035. Murtaza Baxamusa, recently hired from the San Diego County Building Trades Council to serve as the County’s Sustainability Program Manager, stated that the County would partner with UCSD to determine how job creation could be balanced with developing a green economy. The draft plan will return for further review in November with a final vote expected February, 2022. A recap of the Board of Supervisors meeting can be found HERE. The “Framework for Our Future: Developing a Regional Sustainability Plan” staff report can be found HERE. BOMA is monitoring this effort given the stated purpose of a “regional” plan that would cover not just the county unincorporated area, but also the incorporated cities within the counties. It’s unclear how that would occur, but during the hearing, it was described as a “collaborative” effort with other government entities in the county.
SEWER RATE PROPOSAL FORUMS SCHEDULED
The City is hosting several forums to brief the public and take questions around the impending proposal to increase sewer rates for single-family homes. The proposal would lower rates for qualifying businesses and apartment units. “Under the rate proposal, a typical single-family homeowner would see their monthly bill increase from $40.52 to $47.64 next year. Their bill would then climb to $49.58 in January 2023, $51.53 in January 2024 and $53.07 in January 2025.” To register for an upcoming forum, CLICK HERE.
PARCEL TAX LOOKED TO AS POTENTIAL FUNDING SOURCE FOR PARKS, LIBRARY FACILITIES
The San Diego Parks Foundation, Library Foundation, and Municipal Employees Association are polling voters to gauge support of a potential parcel tax that would be used to fund parks and library facilities. Per the poll, the potential parcel tax would levy two cents per square foot up to a maximum of one acre and be subject to a 2% annual adjustment. The max applicable square footage (41,000 sq. ft.) would result in an annual rate of up to $1,000 and be applied to both commercial and residential parcels. BOMA will receive a briefing from proponents of the measure at an upcoming meeting. For more information, CLICK HERE.
PARKS MASTER PLAN UPDATE PRIORITIZES EQUITY
San Diego City Council updated its Parks Master Plan with a new formula for calculating how developer fees will be used to fund park projects and upgrades. The previous formula required that fees pay for parks in the adjacent neighborhood, which city officials implied created a system of inequity because wealthier neighborhoods with more development received more money for new or better parks compared to others. The City’s new formula will send 80% of the fee to communities designated as park-deficient. The new master plan also alters the baseline parks standard, changing the 2.8 acres of parks per 1,000 residents to a new points standard based on park size, activities, amenities, and accessibility. To learn more, CLICK HERE.
$300 MILLION FOR INFRASTRUCTURE UPGRADES THROUGHOUT SAN DIEGO
Mayor Todd Gloria approved a new infrastructure plan that will direct $300 million toward aging streets, storm water systems, facilities, and equipment. Highlights include $98 million for police and fire radio equipment and apparatuses, $21 million for park upgrades, $15 million directed to City facility enhancements, and $550,000 earmarked for IT. $28 million will fund the Mayor’s “Sexy Streets” initiative, prioritizing street repair in historically underserved neighborhoods. For more information, CLICK HERE. Specific projects can be found HERE.
“WORKING FAMILIES ORDINANCE,” NEW EMPLOYMENT STANDARDS ON COUNTY CONSTRUCTION PROJECTS AND COUNTY-OWNED LEASED PROPERTY COMING
In July, the County Board of Supervisors directed the Chief Administrative Officer to return with an ordinance governing parties that lease, sublease, license or conduct business on County-owned property. The ordinance would require that employees and contractors working on or from County-owned property be paid the higher of any prevailing wage rates set by the California Department of Industrial Relations. Lessee parties would be required to provide their employees working on or from County-owned property with paid sick leave, up to 56 hours per year. The Board of Supervisors is expected to vote on the proposed ordinance, Tuesday, October 5, 2021.
CALIFORNIA WATER RESTRICTIONS ON THE HORIZON
The Governor announced that the state may soon see mandatory water restrictions. The unprecedented drought, coupled with raging wildfires, has led the Governor to explore options that go beyond the current voluntary cut in water usage. While little details were made public, it appears as though any restrictions may come after the September 14th recall election. Learn more HERE and HERE.
COVID UPDATE: SAN DIEGO UNIFIED SCHOOL DISTRICT TO REQUIRE INDOOR/OUTDOOR MASKING, CITY OF SAN DIEGO REQUIRES VACCINATIONS FOR CITY EMPLOYEES, PFIZER RECEIVES FDA APPROVAL
San Diego Unified School District officials announced that students and faculty will be required to wear masks indoors and outdoors. Students will be allowed to remove masks while eating or during “mask breaks,” playing sports, or performing in the arts, provided students remain six feet from each other. Learn more HERE. The City of San Diego will require all 11,000 of its employees to receive a second vaccination dose by November 2. This requirement was prompted by the Federal Drug Administration’s full approval of the Pfizer vaccine, which it deemed to be safe and work as an effective deterrent against COVID-19. While state officials weigh the possibility of imposing vaccination mandates, as reported above, there remains no mandate in San Diego. Both the Hospital Association of San Diego and Imperial Counties and the San Diego County Medical Society asked the County of San Diego to require indoor masking. The County strongly recommends masking indoors but has not instituted a mandate.
UPCOMING PUBLIC WORKSHOPS AND ITEMS:
BOMA is excited to welcome Marshall Anderson to the California Strategies family where he will lend his advocacy, contacts, and research skills to help achieve BOMA’s goals and amplify our wins. As you know, Cal Strat, has been representing BOMA San Diego handling public affairs. Marshall comes by way of the Downtown San Diego Partnership where he served as Vice President, overseeing the Government Affairs and Economic Development department. Marshall brings good working relationships with elected offices on the local, state, and federal levels, including a wealth of contacts and institutional knowledge, having worked at both the City and County of San Diego. In addition to his extensive government service and public affairs background, Marshall is also an active civic volunteer, serving on the City of San Diego’s Mission Bay Park Committee, Board of Library Commissioners, and the People Assisting the Homeless (PATH) Advisory Board. He previously served as Board Vice President of the San Diego Small Business Alliance (BID Alliance), California Downtown Association Board of Directors, and the San Diego Regional Chamber of Commerce Young Leaders Board. Marshall hails from San Diego where he attended The Bishop’s School before receiving his B.A. from Pitzer College, a member of the Claremont College Consortium. In his free time, Marshall can usually be found reading, kayak fishing, or golfing (poorly). Please join us in welcoming Marshall! Contact: Marshall@calstrat.com | (619) 781-7117
CALIFORNIA STATE OFFICIALS CONSIDER VACCINATION MANDATE FOR INDOOR VENUES
Sacramento lawmakers are weighing what would be one of the strictest COVID related mandates yet, a requirement that Californians show proof of vaccination status to enter indoor venues like restaurants, gyms, hotels, and arenas. Assembly Bill 455 by Assemblymembers Buffy Wicks (D-Berkley) and David Chiu (D-San Francisco), in what is called a “gut and amend” maneuver of a bill that was introduced for a different subject, is now covering COVID related mandates. As an “urgency measure”, if passed by two-thirds of lawmakers before August 31, it would go into effect immediately upon receiving the Governor’s signature. The bill would also require all employees and independent contractors to show proof of vaccination status or take a weekly COVID test, the latter of which would be paid for by the employee’s health insurance or via federal, state, and local funds. As drafted, employers would also be required to provide an additional 24 hours of sick leave. The commercial real estate industry, through the California Business Properties Association and BOMA CAL has concerns about the proposed language and is following the bill closely. To learn more click HERE and HERE.
SENATE BILL 687 (TRAUMA KITS) HELD ON SUSPENSE
Senate Bill 687, which BOMA CAL opposed, would have required the person or entity responsible for building management to provide a “trauma kit,” containing first aid items including a tourniquet. BOMA attempted to introduce amendments, but ultimately, those amendments were not accepted. Ultimately, the bill was held on “suspense,” meaning it is not expected to be taken up again this legislative cycle. The full bill language can be found HERE. BOMA does expect advocates for installing these kinds of kits in buildings to continue their efforts to get legislation passed and will be following it closely in the next legislative session.
CDC RESIDENTIAL EVICTION BAN BLOCKED BY SUPREME COURT, COUNTY MORATORIUM SUNSETS
The Centers for Disease Control and Prevention (CDC) previously announced that it would halt evictions in certain counties that have high levels of positive cases. However, the Supreme Court, this week, blocked the move, stating that the CDC does not have the authority to impose such a mandate. Any attempt by the Biden administration to pursue a nationwide moratorium on residential evictions will now require congressional action. This decision was not a surprise, given the comments made by Supreme Court justices in their previous decision. You can learn more HERE and HERE. Nevertheless, the California residential eviction moratorium is still in effect until September 30th.
MAYOR GLORIA UNVEILS ‘HOMES FOR ALL OF US’ HOUSING PACKAGE
On Monday, July 19, Mayor Todd Gloria announced several concepts and planning initiatives with the goal of incentivizing the creation of more housing options in San Diego:
- Blueprint San Diego – a citywide planning tool aimed at identifying the City’s housing, climate, and mobility goals to better implement them at the community planning level. Blueprint is expected to expedite the community plan update process and more than double annual housing production with a select emphasis on building homes near transit priority areas. Community forums will be held for members of the public on September 23 (2:00pm) and September 29 (5:00pm) – REGISTER HERE.
- Middle Income Housing Working Group - a new advisory group of volunteers will advise the Mayor on ways the City can better incentivize the creation of more housing for families earning 80% to 120% of the Area Median Income. The group composition has not been finalized.
- Housing at City Facilities - while no language is currently available, the expectation is that new regulations would be produced to govern how existing City-owned sites could allow the building of affordable and middle-income housing more quickly.
- Housing on Underused Commercial Sites - would allow for housing on vacant or underused commercial sites to increase the housing supply, including mixed-use sites with business and housing options. No language is currently available; however, based on conversations with the City, this could permit the production of more residential developments within the employment overlay.
- Affordable Housing in All Communities - code language would be updated to allow for more affordable housing in areas with little to no affordable housing.
- Housing Accessibility Program - create more ADA-accessible housing for disabled and older San Diegans via program incentives. The incentive type is currently unknown.
- Affordable Housing Toolkit - promotes a toolkit aimed at providing homeowners, property owners, and developers with a quick reference guide to the City’s affordable and middle-income bonus programs.
- Incentivize Climate-Friendly Housing Development Near Transit - aims to achieve the City’s climate goals by incentivizing housing construction on existing auto-oriented locations, such as car washes or repair shops, and in TPA’s. The actual incentive and any language stemming from this proposal is currently unavailable.
- Live/Work Flexibility – promotes telework opportunities by allowing more live/work units.
- Affordable Housing Protection for Communities - if realized, this initiative would permanently require new projects on residential sites to replace any affordable units and provide affected residents enhanced protections and affordable housing options. Additionally, current residents would be given first priority to inhabit any new affordable housing units.
- Entry-Level Housing - would create additional incentives to construct new single room occupancy (SRO) units and rehabilitate the existing stock. It is unclear if the Housing Commission’s current Draft SRO Ordinance, slated for the Land Use and Housing Committee this Fall, would be impacted.
- Housing for Families - aims to provide additional density bonuses in housing developments with units containing three or more bedrooms. Units must be affordable.
CITY HIRES NEW HEAD OF HOMELESS STRATEGIES, HAFSA KAKA
Kaka comes by way of Riverside, which had success eliminating encampments and connecting individuals with housing opportunities. In San Diego, she will be asked to work with City departments, service providers, the Regional Task Force on the Homeless, and the County to ensure measurable implementation of the City’s Community Action Plan. Kaka joined the City on August 9th. BOMA looks forward to working with Kaka, the City, the Regional Task Force and others in the homelessness services space to help find solutions that help those on the streets and help clean up the conditions that have clearly gotten worse over the last couple of years.
SANDAG VOTES 11-7 TO ENTER INTO EXCLUSIVE TALKS WITH LOCAL LABOR LEADERS
The San Diego Associated Government Board voted July 23rd to negotiate a community benefits agreement with the San Diego County Building and Construction Trades. The meeting, which stretched over several hours, hosted comments in both support and opposition to the agreement. Proponents, many of whom were union members, argued that workers deserve a guaranteed living wage and benefits, while opponents pointed to increased costs and the exclusion of local non-union workers. SANDAG staff plans to complete negotiations with the Trades and return to the Board of Directors by the end of 2021 for approval. More information can be found HERE.
In other SANDAG news, the Regional Plan is expected to move forward in the fall; however, how to pay for its full implementation remains to be seen. A sales tax, parking tax, and potential tax on vehicle miles traveled are under consideration and will likely come to a 2022 ballot near you! BOMA San Diego’s Government Affairs Committee will be receiving a briefing by SANDAG at its September 20th meeting, which starts at 12:00pm. For more information please contact us at craigb@calstrat.com or marshall@calstrat.com.
COUNTY BOARD OF SUPERVISORS ANALYZE CARBON REDUCTION FRAMEWORK
On July 14th, the San Diego County Board of Supervisors reviewed a set of proposed regulations aimed at reducing carbon and promoting the region’s sustainability. The item is a follow up to a January request that the Chief Administrative Officer develop a framework to achieve zero carbon by the year 2035. Murtaza Baxamusa, recently hired from the San Diego County Building Trades Council to serve as the County’s Sustainability Program Manager, stated that the County would partner with UCSD to determine how job creation could be balanced with developing a green economy. The draft plan will return for further review in November with a final vote expected February, 2022. A recap of the Board of Supervisors meeting can be found HERE. The “Framework for Our Future: Developing a Regional Sustainability Plan” staff report can be found HERE. BOMA is monitoring this effort given the stated purpose of a “regional” plan that would cover not just the county unincorporated area, but also the incorporated cities within the counties. It’s unclear how that would occur, but during the hearing, it was described as a “collaborative” effort with other government entities in the county.
SEWER RATE PROPOSAL FORUMS SCHEDULED
The City is hosting several forums to brief the public and take questions around the impending proposal to increase sewer rates for single-family homes. The proposal would lower rates for qualifying businesses and apartment units. “Under the rate proposal, a typical single-family homeowner would see their monthly bill increase from $40.52 to $47.64 next year. Their bill would then climb to $49.58 in January 2023, $51.53 in January 2024 and $53.07 in January 2025.” To register for an upcoming forum, CLICK HERE.
PARCEL TAX LOOKED TO AS POTENTIAL FUNDING SOURCE FOR PARKS, LIBRARY FACILITIES
The San Diego Parks Foundation, Library Foundation, and Municipal Employees Association are polling voters to gauge support of a potential parcel tax that would be used to fund parks and library facilities. Per the poll, the potential parcel tax would levy two cents per square foot up to a maximum of one acre and be subject to a 2% annual adjustment. The max applicable square footage (41,000 sq. ft.) would result in an annual rate of up to $1,000 and be applied to both commercial and residential parcels. BOMA will receive a briefing from proponents of the measure at an upcoming meeting. For more information, CLICK HERE.
PARKS MASTER PLAN UPDATE PRIORITIZES EQUITY
San Diego City Council updated its Parks Master Plan with a new formula for calculating how developer fees will be used to fund park projects and upgrades. The previous formula required that fees pay for parks in the adjacent neighborhood, which city officials implied created a system of inequity because wealthier neighborhoods with more development received more money for new or better parks compared to others. The City’s new formula will send 80% of the fee to communities designated as park-deficient. The new master plan also alters the baseline parks standard, changing the 2.8 acres of parks per 1,000 residents to a new points standard based on park size, activities, amenities, and accessibility. To learn more, CLICK HERE.
$300 MILLION FOR INFRASTRUCTURE UPGRADES THROUGHOUT SAN DIEGO
Mayor Todd Gloria approved a new infrastructure plan that will direct $300 million toward aging streets, storm water systems, facilities, and equipment. Highlights include $98 million for police and fire radio equipment and apparatuses, $21 million for park upgrades, $15 million directed to City facility enhancements, and $550,000 earmarked for IT. $28 million will fund the Mayor’s “Sexy Streets” initiative, prioritizing street repair in historically underserved neighborhoods. For more information, CLICK HERE. Specific projects can be found HERE.
“WORKING FAMILIES ORDINANCE,” NEW EMPLOYMENT STANDARDS ON COUNTY CONSTRUCTION PROJECTS AND COUNTY-OWNED LEASED PROPERTY COMING
In July, the County Board of Supervisors directed the Chief Administrative Officer to return with an ordinance governing parties that lease, sublease, license or conduct business on County-owned property. The ordinance would require that employees and contractors working on or from County-owned property be paid the higher of any prevailing wage rates set by the California Department of Industrial Relations. Lessee parties would be required to provide their employees working on or from County-owned property with paid sick leave, up to 56 hours per year. The Board of Supervisors is expected to vote on the proposed ordinance, Tuesday, October 5, 2021.
CALIFORNIA WATER RESTRICTIONS ON THE HORIZON
The Governor announced that the state may soon see mandatory water restrictions. The unprecedented drought, coupled with raging wildfires, has led the Governor to explore options that go beyond the current voluntary cut in water usage. While little details were made public, it appears as though any restrictions may come after the September 14th recall election. Learn more HERE and HERE.
COVID UPDATE: SAN DIEGO UNIFIED SCHOOL DISTRICT TO REQUIRE INDOOR/OUTDOOR MASKING, CITY OF SAN DIEGO REQUIRES VACCINATIONS FOR CITY EMPLOYEES, PFIZER RECEIVES FDA APPROVAL
San Diego Unified School District officials announced that students and faculty will be required to wear masks indoors and outdoors. Students will be allowed to remove masks while eating or during “mask breaks,” playing sports, or performing in the arts, provided students remain six feet from each other. Learn more HERE. The City of San Diego will require all 11,000 of its employees to receive a second vaccination dose by November 2. This requirement was prompted by the Federal Drug Administration’s full approval of the Pfizer vaccine, which it deemed to be safe and work as an effective deterrent against COVID-19. While state officials weigh the possibility of imposing vaccination mandates, as reported above, there remains no mandate in San Diego. Both the Hospital Association of San Diego and Imperial Counties and the San Diego County Medical Society asked the County of San Diego to require indoor masking. The County strongly recommends masking indoors but has not instituted a mandate.
UPCOMING PUBLIC WORKSHOPS AND ITEMS:
- Sewer Rate Increase – REGISTER HERE
- Monday, August 30 (5:30pm)
- Thursday, September 2 (5:00pm)
- Spaces as Places/Permanent Outdoor Dining Regulations
- Thursday, September 9 (9:00am) – PLANNING COMMISSION
- Blueprint San Diego Community Forums
- Thursday, September 23 (2:00pm) – REGISTER HERE
- Wednesday, September 29 (5:00pm) – REGISTER HERE
- Homes for All of Us/Land Development Code Recordings Can be Found HERE.