Legislative Update

LOCAL


Proposition D - Strong Mayor Form of Governance

Revises the City of San Diego Charter to repeal the sunset date of December 31, 2010 for, and make permanent, the Strong Mayor (Mayor-Council) form of government. Creates a ninth Council District in the redistricting process following the 2010 Census. Provides for election of the ninth Councilmember at the next regularly scheduled municipal primary and general elections following the redistricting process. Once the ninth Councilmember is seated, the number of Council votes needed to override a mayoral veto on any matter would increase from five to six (two-thirds of the nine-member Council).

Mayor's Citizen Task Force on the Convention Center Project

The Mayor's Citizen Task Force on the Convention Center Project is charged with evaluating and recommending to Mayor Sanders the necessary steps required to ensure San Diego's ability to protect and expand local jobs and retain and enhance its current market position in the convention and meeting industry.

Issues:

  • To review and evaluate the feasibility of an expansion to the current Convention Center and related developments or enhancements and the impact on generating new jobs;
  • To identify and evaluate various financing options for an expanded convention center that relies mainly on revenues generated by the Convention Center and/or related developments or enhancements;
  • To identify key issues related to public access, resource conservation and waterfront enhancement;
  • To encourage public comment on the convention center project by holding meetings at locations and times accessible to the public;
  • To present a final set of findings and recommendations to Mayor Sander's no later than September 2009. All meetings will be conducted in accordance with the Brown Act.

For more information on the Convention Center Project, CLICK HERE 

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Civic Center Complex
The Civic Center Complex site is a four-square-block property bounded by Front Street, Third Avenue, A Street and C Street. The site currently contains five separate public structures: the City Administration Building, San Diego Civic Theatre, Convention and Performing Arts Center, Evan Jones Parkade and City Operations Building/ Development Services Center.
The Civic Center Complex currently needs an estimated $125 million in renovations, including seismic and ADA retrofitting and removal of hazardous materials including asbestos.
A principal objective of the Downtown Community Plan is to reinforce the Civic/Core District as a center of business and civic activity for downtown and the region. Development of the subject site area is governed by the Downtown Community Plan and Centre City Planned District Ordinance ("PDO"). Both documents currently are undergoing amendments.
City Councilman Carl DeMaio, a leading critic of the redevelopment plan, said the report shows that San Diego can't afford this project now. The city recently forced pay and benefit cuts on employees to help close a $60 million budget gap next year.
"At a time when the city faces structural budget deficits and looming liabilities in the pension system, the city should shelve this project," DeMaio said in a written statement.
For more information on the Civic Center Project, CLICK HERE

STATE

Proposition 17
Permits companies to reduce or increase cost of insurance depending on whether driver has a history of continuous insurance coverage. Fiscal Impact: Probably no significant fiscal effect on state insurance premium tax revenues. ABA SUPPORTS PROP 17.

Brinker Restaurant Case
Last year the Fourth District Court of Appeal in San Diego handed down a decision that favors all businesses with employees. Brinker Restaurant Corp. v. San Diego Superior Court held that Plaintiffs' strict interpretation of the California Labor Code, which requires employers to "ensure" that employees take their meal and rest breaks, was erroneous. As a result of this ruling by the Appeal Court, employers are merely required to "make available" meal and rest breaks for their employees. This provides employers and employees greater flexibility in scheduling meal and rest breaks and eliminates the ability of an employee to sue his/her employer for not "ensuring" that he/she takes meal and rest breaks.
The case was sent back to the trial court and, in October 2008, the California Supreme Court granted review of the Fourth District Court of Appeal's decision. The case is currently pending before the court.
California's New Landmark Disability Access Law - SB 1608
California's new American with Disabilities Act (ADA) reform law, SB 1608 (Anderson, 2008), takes a multi-faceted approach to helping businesses become access compliant. The calADA site (CLICK HERE) is designed to help business owners learn what new tools SB 1608 made available to them when it went into effect on January 1, 2009.
Access Modifications Are Tax Deductible: The federal government allows for up to $10,000 in tax deductions for access related changes. CLICK HERE to see IRS Form 8826.
http://www.irs.gov/pub/irs-pdf/f8826.pdf

State Government Legislation (CLICK HERE)

 

FEDERAL

Federal Government Legislation (CLICK HERE)

 

 

 

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Funding generously provided by San Diego County Supervisor Ron Roberts.