PUBLIC NOTICES
Published In The Daily Transcript
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City of San Diego
PUBLISHED: Monday May 12, 2008

CITY OF SAN DIEGO
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Notice of Intent to Modify Floodplain


The City of San Diego Engineering & Capital Projects Department, in accordance with the National Flood Insurance Program regulation 65.7(b)(1), hereby gives notice of the City's intent to revise the floodplain, generally located near Rancho Santa Fe Farms Road and Carmel Valley Road. Specifically, the floodplain shall be revised from a point 2300 feet downstream of Rancho Santa Fe Farms Road to a point 10,500 feet downstream of Rancho Santa Fe Farms Road. As a result of the floodplain revision, the floodplain shall widen with a maximum widening of approximately 440 feet at a point approximately 4200 feet downstream of Pacific Highlands Ranch Parkway and a maximum narrowing of 71 feet at a point approximately 400 feet downstream of Lopelia Meadows Place.
Maps and detailed analysis of the floodplain revision can be reviewed at the City of San Diego at 600 B Street, Suite 800, San Diego, CA 92101. Interested persons may call Jamal Batta at 619-533-7482 for additional information.
Pub. May 8, 9, 12, 13, 14-00041255

CITY OF SAN DIEGO
ORDINANCE NUMBER O-19737 (NEW SERIES)
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AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN DIEGO AMENDING CHAPTER 2, ARTICLE 7, DIVISION 35 OF THE SAN DIEGO MUNICIPAL CODE BY AMENDING SECTION 27.3551, RELATING TO THE CITY OF SAN DIEGO ETHICS ORDINANCE.

WHEREAS, the San Diego Ethics Ordinance, codified at Chapter 2, Article 7, Division 35 of the San Diego Municipal Code, was first adopted on April 29, 2002, by Ordinance No. O-19055 N.S.; and
WHEREAS, pursuant to San Diego Municipal Code section 26.0414, the City of San Diego Ethics Commission has the responsibility of regularly reviewing the Ethics Ordinance and proposing updates to the City Council for its approval; and
WHEREAS, the Ethics Ordinance, at section 27.3551, contains provisions prohibiting City Officials from participating in municipal decisions that involve the interests of entities or persons with whom such City Officials are seeking future employment; and
WHEREAS, other provisions in the Ethics Ordinance such as disclosures of income, conflicts of interest, and post-employment restrictions, provide an exemption for pubic agencies; and
WHEREAS, the Ethics Commission believes that there is no public interest served by applying the prohibitions of section 27.3551 to a City Official's prospective future employment with another public agency, and has therefore recommended amending the Ethics Ordinance to expressly exclude public agencies from the scope of the prohibitions in section 27.3551; and
WHEREAS, the City Council concurs with the proposal recommended by the Ethics Commission; NOW, THEREFORE,
BE IT ORDAINED, by the Council of the City of San Diego, as follows:
Section 1. That Chapter 2, Article 7, Division 35 of the San Diego Municipal Code is hereby amended by amending section 27.3551 to read as follows:
§27.3551 Future Employment of City Officials
(a) It is unlawful for any City Official to make, participate in making, or use his or her official position to influence a decision involving the interests of a person with whom he or she is seeking, negotiating, or securing an agreement concerning future employment.
(b) It is unlawful for any person who has a matter pending before the City to negotiate, directly or indirectly, knowingly or willfully, the possibility of future employment of a City Official who is making, participating in making, or using his or her official position to influence, a decision concerning that matter.
(c) The prohibitions set forth in subsections (a) and (b) do not apply to a City Official's prospective employment with a public agency.
Section 2. That a full reading of this ordinance is dispensed with prior to its passage, a written or printed copy having been available to the City Council and the public prior to the day of its passage.
Section 3. That this ordinance shall take effect and be in force on the thirtieth day from and after its final passage.
Introduced on March 25, 2008.
Passed by the Council of the City of San Diego on April 15, 2008.
Date of Final Passage is April 23, 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. May 12-00041375

CITY OF SAN DIEGO
ORDINANCE NUMBER O-19739 (NEW SERIES)
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AN ORDINANCE REGARDING THE REGULATION OF ROOMING HOUSES AMENDING THE SAN DIEGO MUNICIPAL CODE BY AMENDING CHAPTER 11, ARTICLE 3, DIVISION 1, BY AMENDING SECTION 113.0103; BY AMENDING CHAPTER 13, ARTICLE 1, DIVISION 1, BY AMENDING SECTION 131.0112; DIVISION 2, BY AMENDING SECTION 131.0222; DIVISION 3, BY AMENDING SECTION 131.0322; DIVISION 4, BY AMENDING SECTIONS 131.0422 AND 131.0423; DIVISION 5, BY AMENDING SECTION 131.0522; DIVISION 6, BY AMENDING SECTION 131.0622; AND, BY AMENDING CHAPTER 14, ARTICLE 2, DIVISION 5, BY AMENDING SECTION 142.0525.
The purpose of the rooming house ordinance is to address the chronic and growing problem of commercial overuse of dwelling units in residential single (RS) dwelling unit zones. It would preserve and protect the neighborhood quality, character, livability, and impacts to adjacent properties, in both RS and lower density residential single (RM) dwelling unit zones. The ordinance would more appropriately locate rooming houses in higher density RM dwelling unit zones, with similar housing densities and neighborhood characteristics and adjacent land uses, and in appropriate commercial zone. In summary, the rooming house ordinance would specifically accomplish the following:
€ Define a rooming house as a dwelling unit where three or more rooms are rented individually or separately, to tenants under separate rental agreements, by amending Chapter 11, Article 3, Division 1, Section 113.0103;
€ Exclude rooming houses from RS, RM -1, and RM-2 zones, but allow them as a permitted use (by right) in RM-3 and RM-4 zones, and in most commercial zones, by amending Chapter 13, Article 1, Division 2, Section 131.0222; Division 3, Section 131.0322; Division 4, Sections 131.0422 and 131.0423; Division 5, Section 131.0522; and, Division 6, Section 131.0622;
€ Establish a three-year phase out period for existing rooming houses, based upon factors that balance the public interest against the private harm, by amending Chapter 13, Article 1, Division 1, Section 131.0112(a)(3)(A); and,
€ Apply a basic off-street parking space ratio of 1 space per tenant except under certain situations where the ratio decreases fractionally, by amending Chapter 14, Article 2, Division 5, Section 142.0525.
The rooming house ordinance would amend both the Land Development Code and the Local Coastal Program and apply Citywide.
This ordinance contains a notice that a full reading of this ordinance is dispensed with prior to its final passage, since a written or printed copy will be available to the City Council and the public a day prior to its final passage.
The rooming housing ordinance takes effect outside the Coastal Overlay Zone 30 days after final passage; inside the Coastal Overlay Zone it takes effect upon unconditional certification by the California Coastal Commission.
A complete copy of the rooming house ordinance 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.
Introduced on March 24, 2008.
Passed by the Council of the City of San Diego on April 15, 2008.
Date of Final Passage is April 23, 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. May 12-00041376

City of San Diego
ORDINANCE NUMBER O-19740 (NEW SERIES)
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AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 4, OF THE SAN DIEGO MUNICIPAL CODE BY AMENDING DIVISION 1, SECTIONS 24.0103 AND 24.0103.1; BY AMENDING DIVISION 2, SECTIONS 24.0201 AND 24.0202; BY AMENDING DIVISION 3, SECTIONS 24.0301 AND 24.0302; BY AMENDING DIVISION 8, SECTION 24.0801; BY AMENDING DIVISION 9, SECTIONS 24.0901 AND 24.0902; BY AMENDING DIVISION 10, BY RENUMBERING SECTION 24.1000 TO SECTION 24.1001, SECTION 24.1005 TO SECTION 24.1003, BY AMENDING AND RENUMBERING SECTION 24.1010 TO 24.1004, BY RENUMBERING SECTION 24.1011 TO SECTION 24.1005, SECTION 24.1012 TO SECTION 24.1006, SECTION 24.1013 TO SECTION 24.1007, AND SECTION 24.1014 TO SECTION 24.1008, AND BY ADDING SECTION 24.1009; BY REPEALING DIVISION 12, SECTION 24.1203 AND AMENDING SECTION 24.1204; BY REPEALING DIVISION 13, SECTION 24.1310(c), BY REPEALING DIVISION 14, SECTION 24.1402(b)(9), BY REPEALING DIVISION 15, SECTION 24.1502(a)(5); ALL RELATING TO THE SAN DIEGO CITY EMPLOYEES' RETIREMENT SYSTEM.
This ordinance makes changes to the City of San Diego's Retirement System to comply with a voluntary correction plan agreement (“VCP Agreement”) entered into between the Internal Revenue Service, the City of San Diego, and the San Diego City Employees' Retirement System (“SDCERS”), and upon which is conditioned SDCERS continued status as a tax qualified retirement plan. In particular, it contains amendments in order to conform the plan to relevant provisions of the following federal laws: the Tax Reform Act of 1986, the Omnibus Budget Reconciliation Act of 1986, the Omnibus Budget Reconciliation Act of 1990 (collectively referred to as “TRA '86”), the Unemployment Compensation Amendments of 1992 (“UCA '92”), the Omnibus Budget Reconciliation Act of 1993 (“OBRA '93”), the Uruguay Round Agreements Act (“GATT”), the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), the Small Business Job Protection Act of 1996 (“SBJPA”), the Taxpayer Protection Act of 1997 (“TRA '97”), the Internal Revenue Service Restructuring and Reform Act of 1998 (“RRA '98”), and the Community Renewal Tax Relief Act of 2000 (“CRA” and together with GATT, USERRA, SBJPA, TRA '97, and RRA '98 are referred to as “GUST”), and interim good faith compliance amendments with respect to the Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”).
In addition, this ordinance amends the San Diego Municipal Code by adding Section 24.1009 (Presidential Leave Program Prohibited) to provide that the Presidential Leave Program previously agreed to and established by the City in Memoranda of Understanding and by Council Resolution is terminated retroactively to its date of adoption, and the City will not re-establish the program in the future. The ordinance also repeals Section 24.1203 (401(h) Fund Established) retroactive to July 1, 2005 relating to retiree health account, and all provisions that require or allow the use of SDCERS Trust Fund assets to pay retiree health benefits or the costs of administering retiree health benefits; and repeals subdivision (c) of Section 24.1310 (Purchase of Service Credit Payment Options) retroactive to July 1, 2002, to eliminate the ability of employees in the San Diego Firefighters Local 145 bargaining unit to convert to SDCERS service credit the “cash equivalent” of the accumulated annual leave accrued after June 30, 2002.
The ordinance also provides that the SDCERS Board will adopt by Rule: (a) member contribution rates; (b) interest rates credited to member contribution and DROP accounts; and (c) mortality, service and other tables it deems necessary, and that these Rules are incorporated into the SDCERS Plan Document. The ordinance further provides that, effective July 26, 2004, based upon the advice of the Actuary, the Board will separately determine and adopt the City's employer contributions for General Members, Safety Members and Elected Officers, instead of the contribution being based upon a Memorandum of Understanding between the City and SDCERS. The ordinance also provides that the state-mandated registered domestic partner benefits are provided under SDCERS retroactive to January 1, 2005, in accordance with California law.
This ordinance contains a notice that a full reading of the ordinance is dispensed with prior to its passage because a printed copy will be available to the City Council and the public prior to the day of its passage.
This ordinance shall take effect and be in force on the thirtieth day from and after its final passage.
Introduced on April 1, 2008.
Passed by the Council of the City of San Diego on April 15, 2008.
Date of Final Passage is April 28, 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. May 12-00041399


City of San Diego
PUBLISHED: Monday May 12, 2008


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