Legislative Update

November 2022

By Craig Benedetto & Marshall Anderson, Legislative Advocates

2022 GENERAL ELECTION RESULTS

With only 15,000 outstanding ballots, we now appear to have finality on several races that were too close to call a week ago. Measure C, which would raise the height limit within the Midway District has been declared victorious with 51.1% in favor. Measure B, which would amend the People’s Ordinance, ending free trash pickup for most single-family residences, is trending toward passage after being down for nearly two weeks. Jordan Marks has declared victory in the race for County Assessor with 51.6% of the vote.  Lastly, BOMA CAL supported candidate David Alvarez has been overwhelmingly elected to a full term in the 80th Assembly District. 

Please find updated numbers on key races BOMA San Diego has been tracking, below: 

• San Diego City Council, District 2: Incumbent Democrat, Dr. Jen Campbell (56.4) appears to have fended off Republican candidate and dentist, Linda Lukacs (43.6%). Dr. Campbell is pro-redevelopment, community renewal, and supports job creation.
• San Diego City Council, District 4: Incumbent Councilmember Monica Montgomery-Steppe attained 68.8% of the vote after bringing in endorsements from organizations on both sides of the aisle. Immensely popular in her district, Montgomery-Steppe will continue to champion criminal justice reform, socio-economic advancement, and neighborhood services. 
• San Diego City Council, District 6: In what was the most closely watched city council race that pitted democrat against democrat, Kent Lee (60.5%) beat out environmental activist Tommy Hough (39.6%). With the current representative, Republican Chris Cate termed out, San Diego City Council moves to a nine-to-zero democratic majority. 
•  San Diego City Council, District 8: Like fellow incumbent Montgomery-Steppe, Moreno (63.3%) cruised to victory over Antonio Martinez (36.7%) in San Diego’s southernmost council district. Chair of the City’s Land Use and Housing Committee, Moreno is supportive of economic development and job creation. 
• Mayor of Chula Vista: In what was expected to be a close race, current councilmember and Republican, John McCann (52.13%), held his lead over Democratic challenger Ammar Campa-Najjar (47.9%). The outcome is important to note as Chula Vista’s voter registration is 46% democrat to 22% republican. 
• Sheriff: Undersheriff Kelly Martinez (58.5%) appears to have been elected as the first woman sheriff in the county’s history over John Hemmerling (41.5%). Martinez was tapped by former Sheriff Bill Gore to be the Undersheriff (which is the #2 position within the department) and now takes over for her former boss. 
• District Attorney: Incumbent Summer Stephan received no challengers and will continue to serve as San Diego’s top prosecutor. 
• Treasurer-Tax Collector: Incumbent Dan McAllister has served as Treasurer for twenty years and will receive another four after receiving 74.5% of the vote. 
• County Assessor/Recorder/Clerk: Jordan Marks (51.6%) has declared victory over former city councilmember Barbara Bry (48.4%). Marks, a Republican, ran on a platform of making the department more efficient to save taxpayers money. 
• County Board of Supervisors, District 4: Incumbent Democrat Nathan Fletcher (64.6%) staved off a challenge from COVID and re-opening activist, Amy Reichert (35.4%). Fletcher has chaired the board of supervisors for the past two years. 
• County Board of Supervisors, District 5: Republican incumbent, Jim Desmond (60.2%), appears to have retained his seat by a large margin over Democrat Tiffany Boyd-Hodgson’s (39.8%). Desmond, a retired pilot and former Mayor of San Marcos, represents the county’s northernmost district. 
• U.S. House of Representatives, District 48: Incumbent Republican Darrell Issa (60%) beats out former Democrat Santee City Councilmember, Stephen Houlahan (40%) in the conservative district. Issa’s priorities include immigration, public safety, and intellectual property rights. 
• U.S. House of Representatives, District 49: Many expected the 49th to be a close race after President Biden flew in to campaign for incumbent Democrat, Mike Levin. A race that held tight until the last few days, Levin has since declared victory with a healthy margin of 57% to Maryott’s 43%. 
• U.S. House of Representatives, District 50: Democrat, Scott Peters (62.8%) appears to have been easily re-elected over Republican Corey Gustafason (37.2%). 
• U.S. House of Representatives, District 51: Incumbent Democrat Sara Jacobs (61.8%) is victorious in her first re-election bid, toppling first-time candidate and small business owner, Republican Stan Caplan (38.2%). Jacobs is the granddaughter of Qualcomm founder Irwin Jacobs. 
• U.S. House of Representatives, District 52: Like Peters, Juan Vargas easily cruised to re-election with 66.6% of the vote. 
• State Senate, 18th District: Current Chula Vista Councilmember and Democrat, Steve Padilla, leads with 61.3% of the vote. He was challenged by veteran advocate Republican Alejandro Galicia who owns a plumbing business. 
• State Senate, 38th District: Mayor of Encinitas, Catherine Blakespear held a razor-thin lead over Republican small business owner, Matt Gunderson in the district that stretches from Orange County to Mission Bay. Blakespear has since declared victory. 
• State Senate, 40th District: Incumbent Brian Jones, a Republican and former Santee Councilmember, maintains a comfortable lead with 53.2% of the vote over challenger, Democrat Joseph Rocha (46.8%)
• 75th Assembly District: A rarity for California, two Republicans faced off in the newly redrawn 75th, a race that pinned incumbent against incumbent. Marie Waldron attained a massive share of the vote (67%) to represent the district that stretches east to Imperial County against Randy Voepel.
• 76th Assembly District: Incumbent Brian Maienschein, a former republican who switched parties, was losing to Republican challenger, Kristie Bruce-Lane for days after the election; however, the latest totals put Maienschein in the lead with 51.5%. 
• 77th Assembly District: Incumbent Democrat, Tasha Boerner-Horvath (60.3%) was running unopposed for several months before Republican Dan Downey (39.7%) joined the race in March. Tasha has won re-election.
• 78th Assembly District: Chris Ward, an incumbent and Democrat, racks up nearly two-thirds of the vote in the democrat-heavy urban district. Ward, a former city councilmember, has made homelessness and housing his biggest priorities. He outlasted opponent Eric Gonzalez 68%-32%.
• 79th Assembly District: Dr. Akilah Weber, daughter of former Assemblymember and current Secretary of State, Shirley Weber, received 63.8% of the vote. She will retain her seat. 
• 80th Assembly District: David Alvarez (69.3%), after winning the special election in June,  defeated former San Diego City Councilmember Georgette Gomez handedly. Gomez had withdrawn from campaigning for the general election a couple of months ago. 
• Measure A (County-wide Cannabis tax): Passes with 57%, authorizing a cannabis sales tax at 6% for retail, 3% for distribution, 2% for testing, and 3% for cultivation.
• Measure B (Repeal “People’s Ordinance”): Measure B would amend the People’s Ordinance, a 100-year-old law that provides free trash pickup for most single-family residences. Commercial properties, condos, and residents living on private streets do not receive the free service. The outcome is probably too close to call but it appears that it will squeak by with 50.4% voting yes and 49.6% voting no.
• Measure C (Midway Height Initiative): Measure C is a re-do of Measure E, which was challenged in court after an affirmative vote of the people. Measure C would exclude the Midway-Pacific Highway Community Plan area, which includes the Sports Arena, from the 30-foot height limit on buildings in the coastal zone. It is expected to pass with 51.1% voting yes and 48.9% voting no. 
• Measure D (Repeal of PLA Ban): Would allow the City of San Diego to require project labor agreements for city-funded construction projects, eliminating a current voter-approved ban on the requirement. 57.7% of voters supported the measure.
• Measure H (Childcare on City of SD Park Lands): Would allow the city to open recreation centers as childcare facilities. 68.7% of voters supported the measure. 

To follow election results, live, click HERE.

 COVID-19 UPDATES

• Workplace noticing requirements modified: Legislation that requires written general exposure notification to employees who may have been exposed to COVID-19 will be extended to January 1, 2024. AB 2693, which was recently signed by the Governor, extends the requirement that was set to expire at the end of 2022. The bill also reduces burden on employers by allowing them to post notice of potential exposure at the worksite OR on an employee portal. Instead of notifying employees that they may have been exposed, the new version of the notice has been streamlined, requiring the following to be included: 

1. The dates on which an employee, or employee of a subcontracted employer, with a confirmed case of COVID-19 was on the worksite premises within the infectious period.
2. The location of the exposures, including the department, floor, building, or other area, but the location does not need to be so specific that it would allow individual workers to be identified.
3. Instead of providing detailed information on the specifics, employers now only need to provide contact information for where employees may receive information regarding COVID-19-related benefits they may be entitled to under applicable federal, state, or local laws, as well as antiretaliation and antidiscrimination protections. These benefits may include categories such as workers’ compensation, COVID-19-related local or emergency leave, company sick leave, state-mandated leave, recently extended COVID supplemental sick leave, or negotiated leave provisions.
4. Companies should plan for their HR, Safety, or designated management personnel to be prepared to provide this information upon request and are familiar with the local options for both paid and unpaid leave.
5. Employers now only need to provide contact information for where employees may receive the cleaning and disinfection plan that the employer is implementing per the guidelines of the CDC and the Cal/OSHA standards.
6. Workplace cleaning and disinfection plans are not currently part of CDC guidelines or Cal/OSHA requirements, so many employers will likely refer to their normal cleaning and/or disinfection protocols that may be independent of COVID-19 mitigation measures.

• City adjourns COVID-19 Committee for the Final Time: As the region adjusts to living with the virus, the City Council has decided to permanently adjourn it’s special COVID-19 Subcommittee. The Committee oversaw half a billion dollars in federal relief funding and assisted with vaccine and test deliveries. The City still has approximately $150 million dollars in relief funding. The Committee’s responsibilities will now shift to the Economic Development and Intergovernmental Relations Committee. You can learn more HERE.

ANNUAL HOLIDAY CONSTRUCTION RESTRICTION GOES INTO EFFECT NOVEMBER 24

Beginning Thanksgiving Day, November 24, through New Year’s Day, January 1, construction work on some public streets within the City of San Diego will be prohibited. The restriction applies to construction activities that adversely impact the public right of way, street parking, vehicle and bicycle travel lanes, or pedestrian sidewalks and parkways. The restriction applies to streets adjacent to major retail shopping areas, including Downtown La Jolla, Fashion Valley Mall, Westfield Mission Valley, Westfield Town Centre, Las Americas Premium Outlets, and other prominent community retail shopping areas throughout the city. This year, Downtown San Diego has been exempted from the annual restriction. To learn more, click HERE. 

CARB RELEASES STATE PLAN FOR CARBON NEUTRALITY BY 2045

Earlier this week, the California Air Resources Board (CARB) outlined a new sector-by-sector pathway for California to reach carbon neutrality by 2045 or sooner. There have previously been three scoping plans. Prior plans concentrated on setting particular greenhouse gas (GHG) reduction goals for the industrial, energy, and transportation sectors. This plan builds on past ones with the goal of cutting GHG emissions across the board. With respect to new residential and commercial buildings, one such recommended action includes electrification of all appliances beginning 2026 for residential and 2029 for commercial. For existing commercial buildings, the plan focuses on the sale of appliances, noting that 100% of appliance sales should be electric by 2045. It is worth noting that the Mayor’s local reach codes for building electrification are expected to go beyond what CARB is recommending. Ordinance language is expected to be made public in December. To read the full report, click HERE.

SB 1439 BILL ON CAMPAIGN CONTRIBUTION LIMITS WILL NOT BE RETROACTIVE

Following a hearing on Senate Bill 1439, which would require city councilmembers and members of a county board of supervisors to recuse themselves from voting on real estate projects and government contracting decisions if they have received a contribution over $250 from the property owner or prospective contractors in the prior 12 months, the FPPC unanimously agreed that the law would not be applied to contributions made in 2022. The decision is expected to be codified in December with the new contribution limit taking effect January 1, 2023, on. Those who wish to contribute to candidates for elected office are encouraged to track donations carefully as the new law also prohibits the aforementioned from making contributions over $250 while the land use entitlement or contract proceeding is pending and for 12 months following. The California Business Property Association has been arguing against retroactive application and sees the FPPC’s decision as a win.  

NAVY RELEASES SOLICITATION FOR 70.3-ACRE NAVWAR SITE

Earlier this week, the Navy released a request for qualifications to bid on its 70.3-acre NAVWAR campus in San Diego’s Midway District. What is shaping up to be the largest real estate competition in the agency’s history, the 182-page solicitation sets the foundation for potentially thousands of residential units, up to 2m square feet of commercial space, and over 400k square feet of retail, in addition to hotels and Navy administrative office space. Because the area in question sits on U.S. Government-owned land, projects are not beholden to local zoning or planning requirements, including the 30-foot coastal height limit. For projects that contemplate a sale or exchange of property, applicable state and local zoning regulations would apply. As far as the Navy is concerned, the "Scope Ladder Priorities,” found in the solicitation below, details what they are looking for re: NAVWAR operations and how they will give additional weight to proposals. From local elected leaders' perspective, there is a strong desire to incorporate as much housing as possible on the site, bike and pedestrian circulation, parks and green space. To view the full solicitation, click HERE.

STATE AND CITY FACING BUDGET DEFICITS

State authorities are predicting that California's budget will likely have a $25 billion deficit next year, ending a string of surpluses and serving as a recessionary warning to other states. According to a forecast released on Wednesday by the independent Legislative Analyst's Office, state revenues are currently $41 billion less than anticipated. Some of California's key government program increases, such as free kindergarten for 4-year-olds and free health care for low-income immigrants living in the country without a visa, are not expected to be in jeopardy; however, the state’s newfound fiscal woes will necessitate some difficult budgetary decisions by Governor Gavin Newsom. To learn more, click HERE. The City of San Diego is also expected to face budget deficits to the tune of $350 million over the next five years. The deficit is the result of federal covid aid running out, additional contributions to the city’s pension program, as well as skipped payments to its reserve.  The deficit could grow larger if the economy falters further.

LAND DEVELOPMENT CODE CHANGES CONSIDERED BY CITY OF SAN DIEGO PLANNING COMMISSION

The City of San Diego is delaying action on the Land Development Code Update package that was recently heard by the San Diego Planning Commission.  Staff will take the items pulled for consideration by the Planning Commission back to the Commission on December 8th and then forward the full package to the Council from there, most likely at the beginning of 2024.  

The code update package is brought forward annually to help maintain the Land Development Code (LDC), ensure simplify the City’s development regulations, make the code more adaptable, eliminate redundancies and contradictions, standardize the code framework, and increase predictability in application of regulations. The proposed amendments typically streamline regulatory requirements, reduce constraints, and provide additional incentives to increase the supply of housing.  As previously noted in these updates, the issue items are separated into five categories; regulatory reforms, compliance with state law, corrections, clarifications and amendments to align the code with the City’s climate, equity and housing goals.  

This year’s package, had two very significant changes that garnered the most attention of both public speakers, including BOMA, as well as the Planning Commission. 

• Redefinition of Transit Priority Areas (TPA): The debate centered around activists who are proposing to diminish the coverage for transit priority areas and other stakeholders, including the SD Chamber of Commerce, BIA, Climate Action Campaign, Circulate and YIMBY DEMS asking for no diminishment of area, and, in fact, a specific look at expanding the area covered.  Staff, attempting to bridge the divide, came up with a new designation called Sustainable Development Area (SDA).  While their plan would pare back some areas covered by TPA’s, they would also expand coverage under the SDA in other areas.  Instead, the Planning Commission felt more time was needed to review the maps demonstrating the impacts which were only provided to the commission the day before the hearing.  The Commission ended up pulling that item for consideration during their December 8th hearing. As a reminder, TPA’s have been used to allow for by-right residential housing development when certain other requirements are met.  The net loss between the existing designation and the new one under staff’s proposed SDA is not known, although staff claims it’s less than 1%.  BOMA will continue to monitor the item to ensure that not only is there no net loss in the coverage area, but an expansion, including plans for future expansion, should environmental review be necessary.  The TPA change is item #5 in the update matrix you can view by clicking HERE.  
• Change in uses allowed in RMX / EMX zone: Also included in the code update package was a proposed change to the allowed uses within an RMX / EMX zones.  The RMX zone is a residentially focused mixed-use zone and the EMX zone is an employment focused mixed-use zone that has been created and used in the Mission Valley Community Plan, as well as the Kearny Mesa Community Plan (both of which have recently been updated).  It’s also being used in the pending update to the Mira Mesa Community Plan.  Previously, allowed uses included automotive sales and repair, logistics facilities, as well as self-storage, among others.  The RMX / EMX zone changes are included in item #18 in the update matrix you can view by clicking HERE. 

The Planning Commissioners agreed with speaker concerns on these items.  To review the code update package, please click HERE. 

SAN DIEGO CITY COUNCIL DISCUSSES NEW RESIDENTIAL TENANT RIGHTS ORDINANCE

Earlier this month, San Diego’s City Council took up a workshop item to weigh potential changes to the city’s 2004 Tenants’ Right to Know Ordinance, including relocation assistance for no-fault residential evictions and immediate protections for tenants who are currently not covered by the policy until they have lived in a rental for two years. The City Council also directed the City Attorney’s Office to draft a resolution declaring housing a human right, which garnered words of caution from City Attorney Mara Elliott who warned that it could open up the city to future lawsuits. Council’s discussion paves the way for future action on a new tenant protection ordinance, which is expected to ban “no-fault” evictions. Council President Elo-Rivera is pressing the item because the COVID-inspired residential no-fault eviction moratorium that had previously been in place ended this past September. The previous moratorium, which took effect on May 22, limited landlords' ability to pursue evictions, permitting them only in circumstances where a tenant failed to pay rent or violated a rental agreement. If a landlord wished to remove a home from the rental market or perform extensive renovations, they were prohibited from terminating tenancies. Tenants' rights groups have been calling for a permanent replacement for that expired moratorium. Elo-Rivera’s Discussion Framework for Amending the Tenants’ Right to Know Ordinance can be found HERE. You can read Elo-Rivera’s press statement HERE.

DEL MAR CONSIDERING BUILDING ELECTRIFICATION REACH CODE

Following cities like Encinitas and Solana Beach, Del Mar will consider an ordinance requiring that all new construction and major remodels be all-electric with no gas infrastructure. Earlier this month, the City of Del Mar directed staff to craft an ordinance during the City’s current fiscal year work plan. It is unclear when the reach code may return for a potential vote or if it will be deferred to the next fiscal year. To learn more, click HERE.

NEW DEVELOPER IMPACT FEE FORMULA CHALLENGED IN COURT

The Mayor’s Build Better San Diego proposal, which was approved by an 8-1 vote of the City Council in September, has been challenged by a lawsuit brought forth by the Livable San Diego Residents’ group. Build Better fundamentally altered how the city obtains fees from private developers that construct residential, commercial, and industrial, creating a new citywide funding pool. The new policy aimed to distribute funds to the areas of greatest need instead of the current practice, which keeps developer fees in the neighborhood where they were collected. The proposal also established a standard fee amount for the entire city, replacing current rates, which differ greatly depending on neighborhood. The new fee is also based on the number of units instead of the square footage of the project. In the lawsuit, the Livable San Diego Residents’ group asserts that the new formula is unconstitutional and violates state environmental law because it alters how the city may mitigate environmental impacts of projects. To learn more about Build Better SD, click HERE.