PUBLIC NOTICES
Published In The Daily Transcript
Advertised public notices, printed in a newspaper of general circulation, are required by California law. Within the individual category, notices are arranged by print publish day in reverse chronological order.
Online, on a selected date, the notices are arranged in alphabetical order.

City of San Diego
PUBLISHED: Friday March 14, 2008

CITY OF SAN DIEGO
DATE OF NOTICE: March 14, 2008
NOTICE OF PUBLIC HEARING
TUESDAY, MARCH 25, 2008
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NOTICE IS HEREBY GIVEN THAT THE COUNCIL OF THE CITY OF SAN DIEGO WILL CONSIDER AN ORDINANCE PURSUANT TO SECTION 99 OF THE CHARTER OF THE CITY OF SAN DIEGO, EXECUTING THE SECOND AMENDMENT TO AGREEMENT WITH MARTINEZ + CUTRI CORPORATION FOR THE LOGAN HEIGHTS BRANCH LIBRARY.
CONSIDERATION OF THE ORDINANCE WILL TAKE PLACE AT THE REGULAR CITY COUNCIL MEETING OF TUESDAY, MARCH 25, 2008 IN THE CITY ADMINISTRATION BUILDING, COUNCIL CHAMBERS, 12TH FLOOR, CITY ADMINISTRATION BUILDING, 202 C STREET, SAN DIEGO, CA 92101 AT 10:00 A.M. OR AS SOON THEREAFTER AS BUSINESS ALLOWS.
COMPLETE COPIES OF ORDINANCE 0-2008-107 DATED 03-11-2008 IS AVAILABLE FOR INSPECTION IN THE OFFICE OF THE CITY CLERK OF THE CITY OF SAN DIEGO, 2ND FLOOR, CITY ADMINISTRATION BUILDING, 202 C STREET, SAN DIEGO, CA 92101
This material is available in alternative formats upon request. To order information in an alternative format, or to arrange for a sign language or oral interpreter for the meeting, please call the Clerk's office at least 5 working days prior to the meeting at 533-4000 (voice) or 236-7012 (TT).
LIZ MALAND
SAN DIEGO CITY CLERK
Pub. Mar 14-00038396

CITY OF SAN DIEGO
NOTICE TO BIDDERS
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NOTICE IS HEREBY GIVEN that the City of San Diego will receive bids for work listed below. Plans and specifications can be obtained from the Purchasing and Contracting Department, Contracting Division, 1200 Third Avenue, Suite 200, San Diego, California, where bids are to be submitted prior to time specified.
A pre-bid meeting and/or pre-bid visit to the work site will be held, if indicated, at the time and place specified in the contract documents. Prospective bidders are encouraged to attend these sessions.
It is the policy of the City of San Diego to encourage equal opportunity in its construction, consultant, material and supply contracts. Bids/proposals from small businesses, minority-owned, disabled, veteran-owned businesses, women-owned businesses and local firms are strongly encouraged. Contractors are encouraged to subcontract and/or participate in joint ventures with these firms. The City is committed to equal opportunity and will not discriminate with regard to race, religion, color, ancestry, age, gender, disability, medical condition or place of birth and will not do business with any firm that discriminates on any basis.
Contractors interested in bidding projects over $250,000 must be pre-qualified. Please contact RAY ROBERSON of the City's Pre-Qualification Program at (619) 533-3474 or Rroberson@sandiego.gov to obtain an application.
Sign language or oral interpreting services are available at pre-bid meetings and bid openings with a 5 business day notice to the Contracting Division at 236-6000.
1. CONSTRUCTION OF SEWER AND WATER GROUP 676
Bid No. K083521C. Work Order No. 174371/183951. Pre-Bid Date: April 2, 2008@ 10:00 a.m. Pre-Bid Location: Conference Room, 2nd Floor, 1200 Third Avenue, Suite 200, San Diego, CA 92101. Bid Opening Date: April 22, 2008 @ 2:00 p.m. Construction Estimate: $3,718,418.13. Specification Fee: $50.00 License Requirement: A, or C-34.
This Project is subject to the City of San Diego's Subcontractor Outreach Program (SCOP) which requires bidders to obtain documentation FIFTEEN (15) days prior to the bid opening date (see Indicator #8 of SCOP page 8 of 10).
THIS PROJECT IS PHASE FUNDED
Tammy Rimes
March 14, 2008-00038391

CITY OF SAN DIEGO
NOTICE TO BIDDERS
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NOTICE IS HEREBY GIVEN that the City of San Diego will receive bids for work listed below. Plans and specifications can be obtained from the Purchasing and Contracting Department, Contracting Division, 1200 Third Avenue, Suite 200, San Diego, California, where bids are to be submitted prior to time specified.
A pre-bid meeting and/or pre-bid visit to the work site will be held, if indicated, at the time and place specified in the contract documents. Prospective bidders are encouraged to attend these sessions.
It is the policy of the City of San Diego to encourage equal opportunity in its construction, consultant, material and supply contracts. Bids/proposals from small businesses, minority-owned, disabled, veteran-owned businesses, women-owned businesses and local firms are strongly encouraged. Contractors are encouraged to subcontract and/or participate in joint ventures with these firms. The City is committed to equal opportunity and will not discriminate with regard to race, religion, color, ancestry, age, gender, disability, medical condition or place of birth and will not do business with any firm that discriminates on any basis.
Contractors interested in bidding projects over $250,000 must be pre-qualified. Please contact RAY ROBERSON of the City's Pre-Qualification Program at (619) 533-3474 or Rroberson@sandiego.gov to obtain an application.
Sign language or oral interpreting services are available at pre-bid meetings and bid openings with a 5 business day notice to the Contracting Division at 236-6000.
1. REHABILITATION PACKAGE G-1
Bid No. K084245C. Work Order No. 141381. Pre-Bid Date: April 3, 2008
@ 10:00 a.m.
Pre-Bid Location: Conference Room, 2nd Floor, 1200 Third Avenue, Suite 200, San Diego, CA 92101. Bid Opening Date: April 23, 2008 @ 2:00 p.m. Construction Estimate: $9,327,511. Specification Fee: $50.00 License Requirement: A.
This Project is subject to the City of San Diego's Subcontractor Outreach Program (SCOP) which requires bidders to obtain documentation FIFTEEN (15) days prior to the bid opening date (see Indicator #8 of SCOP page 8 of 10).
Hildred Pepper
March 14, 2008-00038392

CITY OF SAN DIEGO
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ENGINEERING AND CAPITAL PROJECTS
REQUEST FOR STATEMENT OF QUALIFICATIONS
FOR
DESIGN-BUILD SERVICES
FOR


THE DESIGN, PRODUCTION AND INSTALLATION OF RIDGEWOOD NP
PLAYGROUND UPGRADE
K084250DB

The City of San Diego (City) is requesting Statements of Qualifications (SOQ's) from highly qualified Design/Build Firms or Teams licensed to perform work in California to provide for the design and construction of The Design, Production and Installation of Ridgewood NP Playground Upgrade.
Design/Build Teams are to be composed of Engineering Design and Construction Firms experienced in design-build projects of similar size and complexity in the recent past.
a. DESCRIPTION OF WORK: The project consists of providing the design, equipment and installation of tot lot equipment and all other minor work and appurtenances for a playground upgrade at , in accordance with these Specifications number 4250 inclusive and drawings A-1 through A-2 in Exhibit “D”, inclusive.
LICENSE CLASSIFICATION: In accordance with the provisions of California Law, the successful construction entity must possess a valid Class “A” license at the time that a proposal is ultimately submitted for this project. In addition, all contractors, including subcontractors will be required to secure a City of San Diego license for the work contemplated.
SELECTION PROCESS: Selection of the successful Design-Build Teams (D/B) will be a two-step process:
(1) Selection of the most qualified D/B Teams based on the criteria outlined in the RFQ.
(2) Selected most qualified firms will be requested to submit a Proposal and a Firm Fixed Price Proposal for the design and construction of the proposed The Design, Production and Installation of Ridgewood NP Playground Upgrade.
SCHEDULE: The selection process is planned to be completed by March 2008, at which time a Notice-To-Proceed will be issued to the successful Design-Build Team. Design and construction of this facility: to be determined.
STATEMENTS OF QUALIFICATIONS. Statements of Qualifications (SOQ) are due no later than 2:00pm on March 27, 2008 and must be submitted in full accord with the RFQ which can be obtained from the Purchasing and Contracting Department at the following address or by calling (619) 236-6000 on or after March 14, 2008. When requesting the RFQ, please refer to the specific project title listed above.
City of San Diego
Purchasing and Contracting Department
Reception
1200 3rd Avenue, Suite 200
San Diego, CA 92101
For more information, contact Rosemary Stefanatz, Senior Contract Specialist at
(619) 235-5264.
PRE-SUBMITTAL MEETING. A Pre-submittal meeting will be held on March 20, 2008 from 9:00 A. M. at Thomas Guide 1189 F-6, 12064 La Toralta, 92131. All potential responders are strongly encouraged to attend. A site tour will immediately follow. Attendance at this meeting is strongly encouraged.
To request an agenda in alternative format, or to request a sign language or oral interpreter for the meeting, call Tony Bonarcorsi at (619) 533-3107 at least five working days prior to the meeting to ensure availability.
EQUAL OPPORTUNITY: It is the policy of the City not to discriminate with regard to race, sex, national origin or disability in the award of contracts. The City will ensure that full access to programs, services, meetings, and activities comply with section 504 Title V of the Rehabilitation Act and the Americans with Disabilities Act (ADA) 1990, Public Law 101-336. Participation by Minority Business Enterprises (MBE), Women Business Enterprises (WBE), Disadvantaged Business Enterprises (DBE) or Disabled Veteran Business Enterprises (DVBE) are strongly encouraged. Prime consultants are encouraged to subcontract or joint venture with these firms.
The City of San Diego will ensure that full access to programs, services, meetings and activities comply with Section 504, Title V, of the Rehabilitation Act and Americans with Disabilities Act (ADA) 1990, Public Law 101-336.
This RFQ does not commit the City to award a contract or to defray any costs incurred in the preparation of an SOQ pursuant to this RFQ. The City reserves the right to accept or reject any or all SOQs received as a result of this RFQ. If the City revises the RFQ, all RFQ holders of record will be notified in writing by the City.
Hildred Pepper
March 14, 2008-00038393

Date of Notice:  March 14, 2008
PUBLIC NOTICE OF A
 DRAFT MITIGATED NEGATIVE
DECLARATION
JO:  427182
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The City of San Diego Land Development Review Division has prepared a draft Mitigated Negative Declaration for the following project and is inviting your comments regarding the adequacy of the document.  Your comments must be received by April 3, 2008 to be included in the final document considered by the decision-making authorities.  Please send your written comments to the following address:  Philip Lizzi, Environmental Planner, City of San Diego Development Services Center, 1222 First Avenue, MS 501, San Diego, CA 92101 or e-mail your comments to plizzi@sandiego.gov  with the Project Number in the subject line.
General Project Information: 
€ Project No. 136325
€ Community Plan Area:  La Jolla
€ Council District:  1
Subject:    Klemm Residence: COASTAL DEVELOPMENT PERMIT (CDP) to demolish an existing single-family residence and construct a new 3-story, 5,417-square-foot single-family residence with a basement and a pool on a 9,930-square-foot site located at 1723 Castellana Road in the Coastal Overlay and RS-1-5 Zone within the La Jolla Community Plan Area, City and County of San Diego (Lot 43 of Luddington Heights, Map No. 2023).
Applicant: Tom Sommers.
Recommended Finding:  The recommended finding that the project will not have a significant effect on the environment is based on an Initial Study and project revisions/conditions which now mitigate potentially significant environmental impacts in the following area(s):  Paleontological Resources
Availability in Alternative Format:  To request this Notice, the draft Mitigated Negative Declaration, Initial Study, and/or supporting documents in alternative format, call the Development Services Department at 619-446-5460 or (800) 735-2929 (TEXT TELEPHONE).
Additional Information:  For environmental review information, contact Philip Lizzi at (619) 446-5159.  The draft Mitigated Negative Declaration, Initial Study, and supporting documents may be reviewed, or purchased for the cost of reproduction, at the Fifth floor of the Development Services Center.   For information regarding public meetings/hearings on this project, contact Project Manager Glenn Gargas at (619) 446-5142.  This notice was published in the SAN DIEGO DAILY TRANSCRIPT, placed on the City of San Diego web-site (http://clerkdoc.sannet.gov/Website/publicnotice/pubnotceqa.html), and distributed on March 14, 2008.
Cecilia Gallardo, Assistant Deputy Director
Development Services Department
Pub. March 14-00038381

CITY OF SAN DIEGO
NOTICE OF CITY COUNCIL PUBLIC HEARING
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DATE OF MEETING:
TUESDAY, March 25, 2008
TIME OF MEETING:
10:00a.m.
PLACE OF MEETING:
COUNCIL CHAMBERS, 12TH FLOOR, CITY ADMINISTRATION BUILDING, 202 "C" STREET, SAN DIEGO
CALIFORNIA
PROJECT NAME:
Renewable Energy Fuel Cell Power Purchase Agreement with Linde Merchant Production, Inc
APPLICANT:
Metropolitan Wastewater Department
COMMUNITY
San Ysidro
PLAN AREA:
Tijuana River Valley Community Planning Area
COUNCIL DISTRICT:
Eight (8)
FOR ADDITIONAL INFORMATION, PLEASE CONTACT
CITY PROJECT MANAGER/PHONE: Thomas R. Alspaugh at (858) 654-4493
PLEASE ACCEPT THIS AS A NOTICE TO INFORM YOU, as a property owner, tenant or interested citizen, that the Council of The City of San Diego, California will conduct a public hearing, as part of a scheduled City Council meeting, on the following project:
Renewable Energy Fuel Cell Power Purchase Agreement with Linde Merchant Production, Inc for the Metropolitan Wastewater Department's South Bay Water Reclamation Plant to buy renewable electricity from a 1.2MW fuel cell fueled with trucked digester gas. Associated equipment is to be located on land at the plant leased to Linde Merchant Production, Inc.
COMMUNICATIONS
This item may begin at any time after the time specified. Any interested person may address the City Council to express support or opposition to this issue. Time allotted to each speaker is determined by the Chair and, in general, is limited to three (3) minutes; moreover, collective testimony by those in support or opposition shall be limited to no more than fifteen (15) minutes total per side.
Those unable to attend the hearing may write a letter to the Mayor and City Council, Attention: City Clerk, City Administration Building, 202 "C" Street, San Diego, CA 92101 3862, Mail Station 2A; OR you can reach us by E-mail at: Hearings1@sandiego.gov or FAX: (619) 533-4045. All communications will be forwarded to the Mayor and Council.
If you wish to challenge the Council's actions on the above proceedings in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence to the City Council at or prior to the public hearing. All correspondence should be delivered to the City Clerk (at the above address) to be included in the record of the proceedings.
This material is available in alternative formats upon request. To order information in an alternative format, or to arrange for a sign language or oral interpreter for the meeting, please call the Clerk's office at least 5 working days prior to the meeting at 533-4000 (voice) or 236-7012 (TT).
Notice Date: 3/14/08LIZ MALAND
Pub. Mar 14-00038402

CITY OF SAN DIEGO
NOTICE OF CITY COUNCIL PUBLIC HEARING
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DATE OF MEETING:
TUESDAY, APRIL 1, 2008
TIME OF MEETING:
2:00 p.m.
PLACE OF MEETING:
COUNCIL CHAMBERS, 12TH FLOOR,
CITY ADMINISTRATION BUILDING, 202 "C" STREET, SAN DIEGO,
CALIFORNIA
PROJECT TYPE:
Coastal Development Permit and Public Right-of-Way Vacation
PROJECT NO.
128990
PROJECT NAME:
OLIVET AVENUE STREET VACATION
COMMUNITY
PLAN AREA:
La Jolla
COUNCIL DISTRICT:
1
FOR ADDITIONAL INFORMATION, PLEASE CONTACT
CITY PROJECT MANAGER/PHONE: Glenn Gargas at (619) 446-5142
PLEASE ACCEPT THIS AS A NOTICE TO INFORM YOU, as a property owner, tenant or interested citizen, that the Council of The City of San Diego, California will conduct a public hearing, as part of a scheduled City Council meeting, on the following project:
Matter of approving, conditionally approving, modifying or denying an application for a Coastal Development Permit and Right of Way Vacation, to vacate an approximate 524 square foot triangular shaped portion of excess right-of-way along the west side of the intersection of Olivet Avenue and Cabrillo Avenue. The property is located adjacent to the rear of the lot at 1215 Virginia Way, within the RS-1-7 Zone, Coastal Overlay Zone (non-appealable), Parking Impact Overlay Zone, Residential Tandem Parking Overlay Zone, and within La Jolla Community Planning Area.
If you have any questions regarding this application after reviewing this information, you can call the City of San Diego Project Manager listed above.
The decision of the City Council is final.
COMMUNICATIONS
This item may begin at any time after the time specified. Any interested person may address the City Council to express support or opposition to this issue. Time allotted to each speaker is determined by the Chair and, in general, is limited to three (3) minutes; moreover, collective testimony by those in support or opposition shall be limited to no more than fifteen (15) minutes total per side.
Those unable to attend the hearing may write a letter to the Mayor and City Council, Attention: City Clerk, City Administration Building, 202 "C" Street, San Diego, CA 92101 3862, Mail Station 2A; OR you can reach us by E-mail at: Hearings1@sandiego.gov or FAX: (619) 533-4045. All communications will be forwarded to the Mayor and Council.
If you wish to challenge the Council's actions on the above proceedings in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence to the City Council at or prior to the public hearing. All correspondence should be delivered to the City Clerk (at the above address) to be included in the record of the proceedings.
This material is available in alternative formats upon request. To order information in an alternative format, or to arrange for a sign language or oral interpreter for the meeting, please call the Clerk's office at least 5 working days prior to the meeting at 533-4000 (voice) or 236-7012 (TT).
Notice Date: 03/14/08LIZ MALAND
LISAN DIEGO CITY CLERK
Pub. Mar 14-00038382


CITY OF SAN DIEGO
ORDINANCE NUMBER O-19718 (NEW SERIES)
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AN ORDINANCE SUBMITTING TO THE QUALIFIED
VOTERS OF THE CITY OF SAN DIEGO AT THE MUNICIPAL ELECTION CONSOLIDATED WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON JUNE 3, 2008, ONE PROPOSITION AMENDING THE CITY CHARTER BY AMENDING ARTICLE V, SECTIONS 39 AND 45; AMENDING ARTICLE VII, SECTION 111; AMENDING ARTICLE VIII, SECTION 117; AMENDING ARTICLE XV, SECTIONS 265, 270, AND 280; AND ADDING ARTICLE V, SECTIONS 39.1, 39.2 AND 39.3; RELATING TO THE CHIEF FINANCIAL OFFICER, CITY TREASURER, INDEPENDENT BUDGET ANALYST, AUDIT COMMITTEE, AND CITY AUDITOR.

WHEREAS, pursuant to California Constitution, article XI, section 3(b), California Elections Code section 9255(a)(2), and San Diego City Charter section 223, the City Council has authority to place Charter amendments on the ballot to be considered at a Municipal Election; and
WHEREAS, by Ordinance No. O-19713, adopted on February 4, 2008, the Council of the City of San Diego is calling a Municipal Election to be consolidated with the Statewide Primary Election on June 3, 2008, for the purpose of submitting to the qualified voters of the City one or more ballot propositions; and
WHEREAS, the City Council desires to submit to the voters at the Municipal Election one proposition amending the Charter of the City of San Diego to establish the positions, roles and responsibilities of Chief Financial Officer, City Auditor, and Independent Budget Analyst; modify the City Treasurer appointment process, and create an Audit Committee; and
WHEREAS, the City Council's proposal, on its own motion, of a charter amendment is governed by California Constitution, article XI, section 3(b), California Elections Code section 9255(a)(2), and California Government Code section 34458, and is not subject to veto by the Mayor; NOW, THEREFORE,
BE IT ORDAINED, by the Council of the City of San Diego, as follows:
Section 1. That one proposition amending the City Charter by amending Article V, sections 39 and 45; amending Article VII, section 111; amending Article VIII, section 117; amending Article XV, sections 265, 270, and 280; and adding Article V, sections 39.1, 39.2 and 39.3; relating to the Chief Financial Officer, City Treasurer, Independent Budget Analyst, Audit Committee, and City Auditor, is hereby submitted to the qualified voters at the Municipal Election to be held on June 3, 2008, with the proposition to read as follows:
___________________________________
PROPOSITION
Section 39: City Auditor and ComptrollerChief Financial Officer.
The City Auditor and ComptrollerChief Financial Officer shall be elected appointed by the City Manager and confirmed by the City Council for an indefinite term and shall serve until his or her successor is elected appointed and qualified. The City Auditor and ComptrollerChief Financial Officer shall be the chief fiscal officer of the City. He or she shall exercise supervision over all accounts, and accounts shall be kept showing the financial transactions of all Departments of the City upon forms prescribed by himthe Chief Financial Officer and approved by the City Manager and the Council. Subject to the direction and supervision of the City Manager, the Chief Financial Officer shall be responsible for the preparation of the City's annual budget. He or she shall also be responsible for oversight of the City's financial management, treasury, risk management and debt management functions. He or she shall submit to the City Manager and to the Council at least monthly a summary statement of revenues and expenses for the preceding accounting period, detailed as to appropriations and funds in such manner as to show the exact financial condition of the City and of each Department, Division and office thereof. No contract, agreement, or other obligation for the expenditure of public funds shall be entered into by any officer of the City and no such contract shall be valid unless the Auditor and ComptrollerChief Financial Officer shall certify in writing that there has been made an appropriation to cover the expenditure and that there remains a sufficient balance to meet the demand thereof. He or she shall perform the duties imposed upon City Auditors and Comptrollerschief municipal fiscal officers by the laws of the State of California, and such other duties as may be imposed upon him or her by ordinances of the Council, but nothing shall prevent the CouncilCity Manager from transferring to other officers matters in charge of the City Auditor and ComptrollerChief Financial Officer which do not relate directly to the finances of the City. HeThe Chief Financial Officer shall prepare and submit to the City Manager such information as shall be required by the City Manager for the preparation of an annual budget. HeThe Chief Financial Officer shall appoint his or her subordinates subject to the Civil Service provisions of this Charter. The authority, power and responsibilities conferred upon the Auditor and Comptroller by this Charter shall be transferred to, assumed, and carried out by the Chief Financial Officer.

Section 39.1: Audit Committee
The Audit Committee shall be an independent body consisting of five members. Notwithstanding any other Charter provision to the contrary, the Audit Committee shall be appointed as provided under this section. To ensure its independence, the Audit Committee shall be composed of two members of the City Council and three members of the public. The two Councilmembers shall be appointed by the Council, one of whom shall serve as Chair of the Audit Committee. The three public members of the Audit Committee shall be appointed by the City Council from a pool of at least two candidates for each vacant position, to be recommended by a majority vote of a screening committee comprised of a member of the City Council, the Chief Financial Officer, the Independent Budget Analyst and two outside financial experts appointed by the other three members of the screening committee and confirmed by the City Council. Public members of the Audit Committee shall possess the independence, experience and technical expertise necessary to carry out the duties of the Audit Committee. This expertise includes but is not limited to knowledge of accounting, auditing and financial reporting. The minimum professional standards for public members shall include at least 10 years of experience as a certified public accountant or as a certified internal auditor, or 10 years of other professional financial or legal experience in audit management. The public members of the Audit Committee shall serve for terms of four years and until their successors have been appointed and qualified. Public members of the Audit Committee are limited to two full consecutive terms, with one term intervening before they become eligible for reappointment. Notwithstanding any other provision of this section, appointments shall be made so that not more than one term of office shall expire in any one year.
The Audit Committee shall have oversight responsibility regarding the City's auditing, internal controls and any other financial or business practices required of this Committee by this Charter. The Audit Committee shall be responsible for directing and reviewing the work of the City Auditor and the City Auditor shall report directly to the Audit Committee. The Audit Committee shall recommend the annual compensation of the City Auditor and annual budget of the Office of City Auditor to the Council and shall be responsible for an annual performance review of the City Auditor. The Audit Committee shall recommend to the Council the retention of the City's outside audit firm and, when appropriate, the removal of such firm. The Audit Committee shall monitor the engagement of the City's outside auditor and resolve all disputes between City management and the outside auditor with regard to the presentation of the City's annual financial reports. All such disputes shall be reported to the Council. The Council may specify additional responsibilities and duties of the Audit Committee by ordinance as necessary to carry into effect the provisions of this section.

Section 39.2: Office of City Auditor
The City Auditor shall be appointed by the City Manager, in consultation with the Audit Committee, and confirmed by the Council. The City Auditor shall be a certified public accountant or certified internal auditor. The City Auditor shall serve for a term of ten years. The City Auditor shall report to and be accountable to the Audit Committee. Upon the recommendation of the Audit Committee, the City Auditor may be removed for cause by a vote of two-thirds of the members of the Council. The City Auditor shall be the appointing authority of all City personnel authorized in the department through the normal annual budget and appropriation process of the City, and subject to the Civil Service provisions of this Charter
.
The City Auditor shall prepare annually an Audit Plan and conduct audits in accordance therewith and perform such other duties as may be required by ordinance or as provided by the Constitution and general laws of the State. The City Auditor shall follow Government Audit Standards. The City Auditor shall have access to, and authority to examine any and all records, documents, systems and files of the City and/or other property of any City department, office or agency, whether created by the Charter or otherwise. It is the duty of any officer, employee or agent of the City having control of such records to permit access to, and examination thereof, upon the request of the City Auditor or his or her authorized representative. It is also the duty of any such officer, employee or agent to fully cooperate with the City Auditor, and to make full disclosure of all pertinent information. The City Auditor may investigate any material claim of financial fraud, waste or impropriety within any City Department and for that purpose may summon any officer, agent or employee of the City, any claimant or other person, and examine him or her upon oath or affirmation relative thereto. All City contracts with consultants, vendors or agencies will be prepared with an adequate audit clause to allow the City Auditor access to the entity's records needed to verify compliance with the terms specified in the contract. Results of all audits and reports shall be made available to the public in accordance with the requirements of the California Public Records Act.

Section 39.3. Independent Budget Analyst.
Notwithstanding any other provision of this Charter, the City Council shall have the right to establish by ordinance an Office of Independent Budget Analyst to be managed and controlled by the Independent Budget Analyst. The Office of the Independent Budget Analyst shall provide budgetary and policy analysis for the City Council. The Council shall appoint the Independent Budget Analyst, who shall serve at the pleasure of the Council and may be removed from office by the Council at any time. Any person serving as the Independent Budget Analyst shall have the professional qualifications of a college degree in finance, economics, business, or other relevant field of study or relevant professional certification. In addition, such appointee shall have experience in the area of municipal finance or substantially similar equivalent experience. The Independent Budget Analyst shall be the appointing authority of all City personnel authorized in the department through the normal annual budget and appropriation process of the City, and subject to the Civil Service provisions of this Charter
.

Section 45: City Treasurer
The Manager shall appoint athe Treasurer subject to confirmation by a majority of the members of the Council. He or she shall perform duties imposed upon City Treasurers by general law, the City Charter, or ordinances of the Council. The office of the Treasurer shall consist of the Treasurer and such subordinate officers and employees as shall be authorized by ordinance.
The Treasurer shall receive, have the custody of, and disburse City moneys upon the warrant or check-warrant of the Auditor and ComptrollerChief Financial Officer under the provisions of section 53911 of the Government Code of the State of California. He or she shall keep such books and records as are necessary for the recording of all receipts and expenditures, together with a record of money in City depositories. Every Department officer, or institution which receives money directly from the public, shall deposit the same daily with the Treasurer, unless otherwise authorized by ordinance. The Treasurer shall demand and receive from the County Tax Collector moneys collected by him or her for use of the City. And it shall be the duty of such County official to deposit such money monthly with the City Treasurer.
The Treasurer shall determine pursuant to the general law of the state, the selection of depositories for City funds. All interest collected on City funds shall be accounted for monthly by the Treasurer.
Whenever any person is indebted to the City in any manner and the means of collection of such debt is not otherwise provided for by law or ordinance, the Treasurer shall be authorized to demand and receive the same. When any claim shall not be collectible by other methods, he or she shall report the same to the City Manager and the City Attorney for prosecution. When payment of a claim or any judgment thereon is made, he or she shall receive and receipt therefor in the name of the City.
The Treasurer shall issue notices for and collect special assessments previous to certification to the County Auditor, charges for permits for private use of public streets, and such other miscellaneous taxes, fees, assessments, licenses and privilege charges as may from time to time be assigned to him or her. He or she shall maintain a continuous inspection of the records and accounts of such taxes, licenses and privilege charges in order to effectuate their collection.
The Treasurer shall issue all permits and licenses except departmental permits and licenses which are by ordinance assigned to the particular Departments. Such permits and licenses shall be issued either directly by the Treasurer or upon specific authorization of the appropriate Department as may be required by ordinances, but all revenues derived therefrom shall be deposited with the Treasurer.
The Treasurer in office at the time this Charter is adopted by the people shall serve out the term of office for which he has been elected.

Section 111: Audit of Accounts of Officers
Each year the Council shall provide that an audit shall be made of all accounts and books of all the Departments of the City. Such audit shall be made by independent auditors who are in no way connected with the City. Upon the death, resignation or removal of any officer of the City, the City Auditor and Comptroller shall cause an audit and investigation of the accounts of such officer to be made and shall report to the Manager and the CouncilAudit Committee. Either the Audit Committee or the Council or the Manager may at any time provide for an independent examination or audit of the accounts of any or all officers or Departments of the City government. In case of death, resignation or removal of the City Auditor and Comptroller, the Audit CommitteeManager shall cause an audit to be made of his or her accounts. If, as a result of any such audit, an officer be found indebted to the City, the City Auditor and Comptroller, or other person making such audit, shall immediately give notice thereof to the Audit Committee, the Council, the Manager and the City Attorney, and the latter shall forthwith proceed to collect such indebtedness.

Section 117: Unclassified and Classified Services
Employment in the City shall be divided into the Unclassified and Classified Service.
(a) The Unclassified Service shall include:
[subsections (1) through (6) no change in text]
(7) BudgetChief Financial Officer, Independent Budget Analyst, and City Auditor
[subsections (8) through 10) no change in text]
(11) Industrial Coordinator All Assistants and deputies to the Independent Budget Analyst,
and all Assistants and deputies to the City Auditor
[subsections (12) through (17) no change to text]
[subsections (b) and (c) no change in text]

Section 265: The Mayor
[subsection (a) no change in text]
(b) In addition to exercising the authority, power, and responsibilities formally conferred upon the City Manager as described in section 260(b), the Mayor shall have the following additional rights, powers, and duties:
[subsections (1) through (9) no change to text]
(10) Notwithstanding contrary language in Charter section 39, sole authority to appoint the City Auditor and Controller, subject to Council confirmation;
(11) (10) Notwithstanding contrary language in Charter sections 30, 39, 57 or 58,
authority to dismiss the City Auditor and Controller, the Chief of Police or the Chief of the Fire Department, subject only to a right for these city officials to appeal to the City Council to overturn the Mayor's decision. Any such appeal must be filed with the City Clerk within 10 calendar days of receiving the notice of dismissal or termination from the Mayor. The City Clerk shall thereafter cause the appeal to be docketed at a regular open meeting of the City Council no later than 30 days after the appeal is filed with the Clerk;
(12) (11) As provided for in Charter sections 41 and 43, the authority to appoint members of City boards, commissions, and committees, subject to Council
confirmation;
(13) (12) Sole authority to appoint City representatives to boards, commissions, committees and governmental agencies, unless controlling law vests the power of appointment with the City Council or a City Official other than the Mayor;
(14) (13) To cooperate fully with the Council and the Office of Independent Budget
Analyst, including but not limited to, supplying requested information concerning the budget process and fiscal condition of the City to the Council and the Office of Independent Budget Analyst; and
(15) (14) To propose a budget to Council and make it available for public review,
no later than April 15.
[subsections (c) through (j) no change in text]

Section 270: The Council
[subsections (a) through (e) no change in text]
(f) The Council shall have the right to establish an Office of Independent Budget Analyst to be managed and controlled by the Independent Budget Analyst. The Council shall appoint this independent officer who shall serve at the pleasure of the Council and may be removed from Office by the Council at any time. The Council shall determine the powers of this Office and its manager by ordinance.
(g) (f) No member of the Council shall directly or indirectly by suggestion or otherwise attempt to influence or coerce the City Manager or other officer appointed or confirmed by the Council in the making of any appointment to, or removal from, any City office or employment, or the purchase of any supplies, or discuss directly or indirectly with any candidate for City Manager the matter of appointments to City Offices or employment, or attempt to exact any promises from such candidate relative to any such appointments.
(h) (g) Except for the purpose of inquiry or communications in furtherance of implementing policies and decisions approved by resolution or ordinance of the Council, individual members of Council shall deal with the administrative service for which the Mayor is responsible only through the Mayor, the City Manager, or the Mayor's designees.
(i) (h) Any City official or department head in the administrative service may be summoned to appear before the Council or any committee of the Council to provide information or answer any question.

Section 280: Approval or Veto of Council Actions by Mayor
(a) The Mayor shall have veto power over all resolutions and ordinances passed by
Council with the following exceptions:
(1) The Mayor's veto power shall not extend to matters that are exclusively within the purview of Council, such as selection of the Independent Budget Analyst, the selection of a presiding officer, or the establishment of other rules or policies of governance exclusive to the Council and not affecting the administrative service of the City under the control of the Mayor.
(2) The Mayor's veto power shall not extend to those matters where the Council has acted as a quasi-judicial body and where a public hearing was required by law implicating due process rights of individuals affected by the decision and where the Council was required by law to consider evidence at the hearing and to make legal findings based on the evidence presented.
(3) Emergency Ordinances.
(4) The Annual Appropriations Ordinance.
(5) The Salary Ordinance, which instead shall be subject to veto in accordance with the process described in section 290.
(6) The Mayor's veto power shall not extend to the appointment, confirmation, or removal of members of the Audit Committee or the screening committee as provided for in section 39.1, or the City Auditor as provided for in section 39.2.
[subsections (b) - (c) no change in text]
END OF PROPOSITION
____________________________
Section 2. The proposition shall be presented and printed upon the ballot and submitted to the voters in the manner and form set out in Section 3 of this ordinance.
Section 3. On the ballot to be used at this Municipal Election, in addition to any other matters required by law, there shall be printed substantially the following:
PROPOSITION ____. AMENDS CITY CHARTER RELATING TO CHIEF FINANCIAL OFFICER, CITY AUDITOR, INDEPENDENT BUDGET ANALYST, TREASURER, AND AUDIT COMMITTEE. YES
Shall the Charter be amended to establish the positions, roles and responsibilities of Chief Financial Officer, City Auditor, and Independent Budget Analyst; modify the City Treasurer appointment process; and create an Audit Committee? NO

Section 4. An appropriate mark placed in the voting square after the word “Yes” shall be counted in favor of the adoption of this proposition. An appropriate mark placed in the voting square after the word “No” shall be counted against the adoption of the proposition.
Section 5. Passage of this proposition requires the affirmative vote of a majority of those qualified electors voting on the matter at the Municipal Election.
Section 6. The City Clerk shall cause this ordinance or a digest of this ordinance to be published once in the official newspaper following this ordinance's adoption by the City Council.
Section 7. Pursuant to San Diego Municipal Code section 27.0402, this measure will be available for public examination for no fewer than ten calendar days prior to being submitted for printing in the sample ballot. During the examination period, any voter registered in the City may seek a writ of mandate or an injunction requiring any or all of the measure to be amended or deleted. The examination period will end on the day that is 75 days prior to the date set for the election. The Clerk shall post notice of the specific dates that the examination period will run.
Section 8. Pursuant to sections 295(b) and 295(d) of the Charter of the City of San Diego, this ordinance shall take effect on the date of passage by the City Council, which is deemed the date of its final passage.
Passed by the Council of The City of San Diego on March 3, 2008, by the following vote.
YEAS: PETERS, FAULCONER, ATKINS, MADAFFER, & HUESO.
NAYS: YOUNG, MAIENSCHEIN, & FRYE.
NOT PRESENT: NONE.
RECUSED: NONE.
DATE OF FINAL PASSAGE: MARCH 3, 2008
AUTHENTICATED BY:
JERRY SANDERS
Mayor of The City of San Diego, California.
ELIZABETH S. MALAND
City Clerk of The City of San Diego, California.
By: Gil Sanchez, Deputy
Pub. Mar 14-00038377


City of San Diego
PUBLISHED: Friday March 14, 2008


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