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www.SDNEWS.com Volume 27, Number 13

A flight path to the ‘whole’ truth Point Lomans at odds with FAA

BY DAVE SCHWAB | THE BEACON Is a proposal by the Federal Aviation Administration to change flight paths for planes over the Peninsula just a plan or a fait accompli?

That’s the underlying question in the continuing battle over the FAA’s SoCal Metroplex project. That proposal seeks to improve the efficiency of airspace in Southern Cali-

fornia by optimizing aircraft arrival and departure procedures at more than 20 regional airports, including San Diego’s.

The FAA says the project, which just closed public comment Oct. 8 and is currently being reviewed by the federal agency, is strictly an idea.

But as recently as Oct. 4, a SEE FAA, Page 13

Newsom to challenge Faulconer for mayor

BY DAVE SCHWAB | THE BEACON

Hunter’s Moon Monday’s almost-full Hunter's Moon rose over the San Diego skyline at sunset. This single-exposure shot by local photographer Evgeny Yorobe was taken PHOTO BY EVGENY YOROBE from Shelter Island. See more of Yorobe’s landscape photography at www.evgenyyorobephotography.com.

The president of Ocean Beach Town Council wants to be San Diego’s next mayor.

Gretchen Newsom announced plans to run for mayor of San Diego in 2016 against Republican incumbent Kevin Faulconer recently at the San Diego County Democratic Convention.

SEE MAYOR, Page 4

Gretchen Newsom

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COMMUNITY

THURSDAY · OCTOBER 29, 2015 THE PENINSULA BEACON

Man accused of killing parents in Point Loma arraigned in Superior Court A man accused of fatally shooting his parents in their Sunset Cliffs-area home last year pleaded not guilty Oct. 23 to murder charges.

Peter David Haynes, 23, was arrested last Nov. 28 in connection with the deaths of Dr. David Haynes, an emergency physician, and Lissa Haynes.

The defendant – who has been diagnosed with a form of schizophrenia – was deemed mentally incompetent to

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stand trial in February and was sent to Patton State Hospital for treatment. His competency was restored, and he was returned to San Diego to face charges a few weeks ago, said Deputy District Attorney Makenzie Harvey.

Judge David Szumowski reinstated criminal proceedings, ordered Haynes held without bail and scheduled a preliminary hearing for Jan. 12.

On Nov. 28, 2014, the day after

Thanksgiving, officers found the victims' front door open and the parents suffering from multiple gunshot wounds. David Haynes, 62, and Lissa Haynes, 61, died later at a hospital.

Police said David Haynes called for help about 3:10 a.m. before the phone went dead. The defendant, armed with a handgun, was found about 7:45 a.m. and arrested near his home on Tarento Drive.

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Beacon travels Carmen and Chris Mannerino with the Peninsula Beacon in Hong Kong in front of the Big Buddha on the island of Lantau.

(Below) Diana, the office manager at Dr. Paulerio’s office in Point Loma, at Hanalei Bay in Kauai with her Peninsula Beacon. She was there with her father, sister Barbara, and awePHOTOS CONTRIBUTED some friend Jim.

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WHO: Interview with Architect Rob Quigley and Photographer Darren Bradley WHAT: Point Loma Architectural Lecture Series Presented by Coastal Art and Home, Susan Diamond & Caroline Glasner WHERE: Point Loma Assembly, 3035 Talbot Street, San Diego, CA 92106 WHEN: Thursday, November 5, 2015, 5-7pm WHY: Exploring the architectural history of Point Loma with experts in the field RSVP IS REQUIRED: Please contact Susan Diamond, 619.977.9190 Or Vanessa Shields, at Vanessa.Shields@sothebysrealty.com to RSVP

NEWS SeaWorld to challenge Coastal Commission's conditional approval

BY DAVE SCHWAB | THE BEACON A new wrinkle has developed in the contentious debate over SeaWorld’s plan to nearly double the size of its killer whale enclosure: the California Coastal Commission approved the expansion but attached conditions that the theme park has deemed unacceptable.

Coastal Commission staff recommended the project be approved with the stipulation that SeaWorld cannot populate the pools with orcas caught in the wild nor use genetic material from wild orcas to breed killer whales in captivity.

That decision led to SeaWorld’s subsequent announcement Oct. 15 that the company intends to pursue legal action against the California Coastal Commission for “its overreaching condition that would ban killer-whale breeding at SeaWorld San Diego.”

“Animal welfare is governed by federal and state laws that do not fall within the jurisdiction of the California Coastal Commission's appointed board,” said Joel Manby, president and CEO of SeaWorld Parks and Entertainment. “As a regulatory board charged with managing coastal development and related land-use decisions, the Coastal Commission went way beyond its jurisdiction and authority when it banned breeding by killer whales at SeaWorld. By imposing broad new jurisdiction over all future SeaWorld marine animal projects as well as aquarium projects elsewhere in the state, the commission has overstepped both federal and California law.

"It simply defies common sense that a

‘To say that this is a dubious decision with no legal basis is an understatement.’

JOEL MANBY PRESIDENT AND CEO OF SEAWORLD PARKS AND ENTERTAINMENT

straightforward land-use permit approval would turn into a ban on animal husbandry practices – an area in which the commissioners have no education, training or expertise,” added Manby. “To say that this is a dubious decision with no legal basis is an understatement, which is why we must and will challenge the commission's decision."

SeaWorld plans to nearly double its orca enclosure from 5.8 million gallons to 9.6 million gallons for a new exhibit called the Blue World Project. The expansion includes pools 50 feet deep that contain spots where the killer whales can rub and scratch themselves, according to SeaWorld.

But People for the Ethical Treatment of Animals (PETA), which considers keeping orcas in captivity as tantamount to slavery and animal cruelty, had a different take on the commission’s decision.

"The CCC did right by orcas in requiring, as a condition of approval for the Blue World Project, that SeaWorld stop breeding them, which will ultimately end captivity for long-suffering orcas in Cal-

ifornia," said PETA spokesman David Perle in a statement released after the vote.

Perle and PETA contend that the commission oversees development along the coast and that therefore “SeaWorld falls under its bailiwick because it is along San Diego's bayfront.”

The expansion of SeaWorld's killer whale habitat is “the biggest issue the Coastal Commission has faced in its 40 years,” Perle pointed out.

The commission received some 200,000 emails and 50,000 letters prior to its vote on the Blue World Project. The magnitude of the public’s interest consequently caused the commission to move its regularly scheduled meeting from Long Beach City Hall to the Long Beach Convention and Entertainment Center to accommodate the crowd. Every one of the 500 seats was taken, and an overflow crowd of about 150 people stood outside.

PETA has challenged the ethics of keeping killer whales captive and profiting from their alleged commercial exploitation in public shows, brought to a flashpoint by the critical documentary “Blackfish.”

Two years ago, a group of Point Loma High School theater students reacted to the film with a public-service announcement calling for SeaWorld to eliminate orca show performances, igniting a chain reaction of local debate and inspiring a state assembly bill that would ban the practice.

READ MORE ONLINE AT sdnews.com

THURSDAY · OCTOBER 29, 2015 THE PENINSULA BEACON

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Former Midway Post Office building sells for $19.3M Rexford Industrial Realty Inc., a real estate investment trust based in Los Angeles, has acquired the former main post office on Midway Drive for $19.3 million, or $52 per square foot.

The property at 2535 Midway Drive comprises two buildings containing 373,000 rentable square feet on 16.05

acres of land.

The company intends to reconfigure the ground floor of the two buildings into 10 industrial units of 10,000 to 45,000 square feet. The second phase would reconfigure 144,000 square feet on the second floor. Completion is expected in 18 months.

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THURSDAY · OCTOBER 29, 2015 THE PENINSULA BEACON

Mayor CONTINUED FROM Page 1

Newsom, who is political director of San Diego’s branch of the International Brotherhood of Electrical Workers union, has declared herself to be the “neighborhood” candidate in the mayoral election.

“I heard the call, and I’m stepping up to bring a new conversation to this race,” Newsom said. “I’m going to be talking about empowering our communities and investing in working families.”

“I am running for mayor because San Diego deserves a leader who will stand up for working families and our communities,” continued Newsom.

“I am committed to the values that are important to us, and I have a vision for a better San Diego that will build bridges of opportunity for all. I look forward to work-

ing with you to build a better San Diego.”

Newsom said she had something of an “epiphany,” which compelled her to strive to become the next San Diego mayor.

She said: “Over the past few months I’ve been having conversations with friends, leaders and community members about who could run for mayor and stand up for our communities ... we all watched with disappointment as our leaders declared their candidacy for other offices … my close friends and colleagues suggested I have strong leadership qualities and might be the person we were looking for … I decided in that moment that I could be the spark, represent our values and speak up for our communities. “ In her campaign literature, Newsom has set forth five priorities. They are: • Create a San Diego that is more responsive.

“Our community groups are laboratories for finding solutions to improve our

NEWS neighborhoods, but they aren’t being heard by the current mayor,” she said.

“To make our city government more responsive, I propose creating a meaningful role for town councils and neighborhood groups to inform city decisions and ensure that city actions provide solutions that we want and that we need.”

• Create a San Diego that is more affordable.

“We need a city that is affordable for everyone,” she said. “If you work here, you should be able to live here. If you make a career here, you should be able to retire here. That is why I support the creation of more affordable housing and raising the minimum wage.”

• Create a San Diego that is more innovative.

“San Diego’s economy is driven by innovation,” she said. “We can lead the nation as a hub of innovation if we prioritize investments in training people. To

become a world-class city, I propose we prepare our young people to be successful in the 21st century and drive the innovation economy. By training our own to become the best and the brightest, we will also attract the talent and investments to expand our innovation economy.”

• Create a San Diego that is more sustainable.

“San Diego is positioned to be a global leader in addressing climate change and sustainability,” she said. “Coastal San Diego is living the reality of climate change every day and we know we can’t wait. What we do here can and should set a national example.

“I have been active in finding solutions and propose the city develop an infrastructure plan that protects our natural resources, provides for water independence,and prepares for extreme weather conditions from droughts to floods.”

• Create a San Diego that is more

‘I have a vision for a better San Diego that will build bridges of opportunity for all.’

GRETCHEN NEWSOM OCEAN BEACH TOWN COUNCIL PRESIDENT

empowering.

“We need to empower and uplift all communities to ensure everyone has a voice in the solutions that will transform our city,” she said.

“Participation in our democracy is one way that people can have a stake in the decisions that affect their everyday lives. I propose a city government that is transparent and seeks the input of residents on all major decisions.”

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NEWS 5 Midway Community Planning Group briefed on traffic impact studies THURSDAY · OCTOBER 29, 2015

THE PENINSULA BEACON

BY DAVE SCHWAB | THE BEACON In October, Midway Community Planning Group elected two new board members and was updated on mobility and traffic impact studies being done for an ongoing update of its community plan.

The two new board members are George Diaz, who owns property on Estudillo Street, and Gil Kennedy, branch manager and vice president of Union Bank, at 3261 Sports Arena Blvd.

Stephen Cook of Chen Ryan Associates and Tanner French and Vickie White from city planning gave a slide

presentation and briefed the group on technical mobility and traffic impact studies being done as part of the ongoing community plan update.

White noted the Midway Community Plan, intended to be “viable for the next 20 to 30 years,” was adopted in 1991 and “significantly amended” in 1999.

“We’re here to hear what you have to say and answer questions,” said Cook, who added existing traffic congestion is a major consideration of the plan update.

“The whole Peninsula is constrained, with not a lot of regional access (available),” said Cook, noting there are sever-

al “chokepoints with a lot of high-volume traffic” along Rosecrans Street. On the pedestrian side, Cook noted that the area is also difficult for pedestrians and bicyclists to get around in.

Cook also pointed out there “is a lack of transit connections to the airport.”

“We’re going to look at improving bicycle and transit access trying to balance all those modes,” said French.

Group secretary Meg Newcomb said there is “too much emphasis on creating bike lanes in this neighborhood,” adding, “I’ve seen more scooters than bikes around here.”

Colleague Tod Howarth, himself a

bicyclist, said the industrial-oriented area with narrow streets and poor supporting infrastructure combine to make it an area cyclists avoid.

Board member Jacob McKean, operator of Modern Times Brewery in Midway, disagreed, noting excessive vehicular traffic combined with poor accessibility for nonmotorized travelers is “the worst of all worlds.

“I think bike access in this neighborhood is going to change a lot,” said McKean, noting the old Cabrillo Hospital is being redeveloped as a center for foreign exchange students who are going to be getting around primarily on bikes.

In other action: • In the chair’s report, Melanie Nickel noted that EF Education First, a Sweden-based international-language school, which has an existing facility in northern San Diego, has closed escrow on the long-vacant Cabrillo Hospital site in Point Loma. “Work is supposed to begin on grading in January, and they’re going to be gutting the inside of the building starting next summer,” said Nickel. The 10-story Cabrillo Hospital, at 3475 Kenyon St., is being redeveloped into a campus with dormitories.

READ MORE ONLINE AT sdnews.com

San Diego Unified’s new funding model an attempt to close gaps

A large group of Point Loma High School students and staff gathered on Bennie Edens Field Oct. 14 to wish vice principal Kevin Gormly a happy birthday. Gormly underwent brain PHOTOS CONTRIBUTED surgery several days before the photo was taken. (Below) Vice principal Kevin Gormly before his surgery.

Pointers rally to support stricken high school administrator SCOTT HOPKINS | THE BEACON

and Gormly was scheduled to meet with medical personnel last week to A popular school administrator is learn what further treatment, if any, currently resting comfortably at home is prescribed. after undergoing surgery for a condiGormly is a familiar presence on tion that stunned not only himself but campus during lunch period and regucolleagues and friends as well. larly chats with students, so his Kevin Gormly, Point Loma High absence from campus was soon School vice principal and a veteran noticed. leader on campus, felt he had come Principal Hans Becker and several down with a virus, but further exami- other staff members drafted a letter nation revealed the presence of a brain explaining Gormly's condition, which tumor. was read to students in classes.

Attempts to remove the tumor were Students learned that Gormly's made during surgery two weeks ago, birthday is Oct. 14, just days after the

surgery, and quickly organized a "Maroon Day," chosen because it is Gormly's favorite color.

Becker visited Gormly's home to deliver dozens of cards and letters of support, noting Gormly was talkative and cheerful. Gormly expressed his appreciation for the community's thoughts and prayers.

With Gormly's return date unknown, the San Diego Unified School District is conducting a search for an interim vice principal for the school.

NTC Foundation selling commemorative bricks and pavers for Legacy Plaza The NTC Foundation is offering past recruits, their families, friends and supporters of the former Naval Training Center San Diego an opportunity to honor those who served the country with a commemorative brick or granite pavers with personalized messages – just in time for the holidays.

These will become a part of a permanent tribute in a new Legacy Plaza in the Naval Training Center Historic Dis-

trict at Liberty Station.

Proceeds from the sale of bricks and pavers, and identical replica bricks which can be displayed as keepsakes, will support the NTC Foundation’s programs, which increase community access to the arts, provide arts programs for school students and support the preservation of the Naval Training Center’s history. NTC closed in 1997 after 75 years as a training center for Navy recruits.

“For thousands of Navy recruits, NTC represents the place where they learned the skills required for military duty and life,” said Rear Adm. Fran Holian, NTC Foundation Board member and a former Navy Region Southwest commander. “Purchasing a commemorative brick is a way for everyone to become a permanent part of the transformed NTC and pay tribute to the critical role that this facility and the recruits played in

San Diego Unified School District has developed a public education investment tool designed to illustrate the district’s need for an additional $350 million in funding per year above the 2014-15 funding level to provide students the education they deserve and that will all but eliminate the achievement gap, increase the graduation rate and prepare students for jobs in the 21st century.

“We have identified the proven strategies that enable all students to succeed, no matter where they live, their family income, or their race, gender, nationality or ethnicity,” said Superintendent Cindy Marten. “The genius inside each and every student is unlocked when we believe in our children and instill in them the self-confidence to dream big and pursue opportunities that might not seem possible. This investment model is how we can deliver on the hope and promise of public education in California.”

“To achieve our vision and make it a reality, we need to turn successful datadriven pilots into full-scale programs across all schools,” she added.

The district is planning to increase stakeholder support and understanding by holding several public education funding town halls in the upcoming year. The first meeting is scheduled for Wednesday, Nov. 4, from 6:30 to 8 p.m. at the Eugene Brucker Education Center auditorium, 4100 Normal St. in San Diego. For more information, go to sandiegounified.org/funding.

“San Diego Unified and California public schools must be funded at a more robust level to close the achievement [gap] and serve all students while providing them with the skills and knowledge needed to succeed in today’s society and to maintain California’s advantage in this global economy,” said Marne Foster, president of the board of trustees.

The investment model released on Oct. 21 highlights improvements that would be realized for students with more robust funding and highlights staffing and cost projections, divided between the current reality for San Diego Unified using the 2014-15 fiscal year as a baseline, and what the more appropriate scenario would be if K-12 public education were funded at a proper level.

The investment gap between the two levels – the $350 million – translates to a per-student increase of a minimum of $3,250. When applied to 2014-15 levels, per-student funding would have moved from the actual baseline of $8,063 to a more robust figure of $11,313, a figure essentially consistent with the national average.

United States history,” he added.

The commemorative bricks and pavers can be purchased at a variety levels starting at $150.

The NTC Foundation is creating a new Fieldstone Legacy Plaza in front of the Dick Laub NTC Command Center next to the Sybil Stockdale Rose Garden. Commemorative bricks that were in the previous plaza are being replicated at no charge READ MORE ONLINE AT sdnews.com and will be placed in the new plaza.

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BUSINESS Hess Brewery opens tasting room in OB

THURSDAY · OCTOBER 29, 2015 THE PENINSULA BEACON

BY DAVE SCHWAB | THE BEACON

Mark Grant, Lisa Salters, Mike Tirico, Jon Gruden on stage at the event.

PHOTO CONTRIBUTED

Celebration of Hope Gala in Point Loma raises $150K for Huntington’s disease research The San Diego chapter of the Huntington’s Disease Society of America’s 15th annual Celebration of Hope Gala, held earlier this month at the home of Craig and Rebecca Irving on the campus of Point Loma Nazarene University, raised $150,000 to serve ongoing research and education toward finding a cure and provide support services for those living with Huntington’s disease.

More than 400 guests attended the event, including ESPN NFL commentators Mike Tirico, Jon Gruden and Lisa Salters, along with Mike Fleiss, creator and executive producer of “The Bachelor,” and wife Laura Fleiss, Miss America of 2012. Mark Grant, sports personality for Fox Sports San Diego, emceed the event.

Huntington's disease is a fatal genetic brain disorder that causes the deterioration of all mental and physical capabilities and affects tens of thousands of Americans each year. As awareness about this disease remains low, a goal of the Celebration of Hope Gala is to

honor those living with the condition as well as those making a difference in the mission to find a cure.

B.H. Gold Insurance Agency president Bill Habeger and Los Angeles Angels pitcher Joe Smith were recognized during the event with Huntington's Disease Society of America’s highest honor, the Guthrie Award, for their consistent and generous support of the Hunington's community.

The award pays tribute to legendary folk singer Woody Guthrie, who died of Huntington's, and his wife Marjorie, who led the way in building a national Huntington's community and driving the search for a cure. Habeger and Smith are longtime contributors to the effort to raise awareness and support.

Huntington's Disease Society San Diego, one of 54 national chapters and affiliates, serves San Diego and Imperial counties through its network of volunteers.

READ MORE ONLINE AT sdnews.com

The latest addition to the coastal brew pub scene is Hess Brewery, which recently expanded to Ocean Beach from its North Park headquarters.

Sitting in the pub’s new tasting room at 4893 Voltaire St., staffers Eric Magruder and Drew Lopez talked about Hess’ brand and offerings.

“All the beers on tap here come out of the brewery in North Park,” said Lopez.

“It’s a good local area, a really good community,” said Magruder, discussing why OB was chosen for their tasting room site. “It’s pretty central. We like being close to OB Noodle House and Hungry Lu’s (deli).”

Lopez noted the company’s founder/owner, Mike Hess, recently moved with his family to OB. Asked about competition from other area pubs, Magruder replied, “We don’t like to use the ‘C’ word. The beer community thinks of itself as one big family.”

Concerning whether San Diego has become the microbrew capital of the country, Lopez said, “We’re approaching it,” while adding, “There’s plenty of room for growth.”

Noting the tasting room is not a restaurant, Lopez pointed out that “We don’t have a kitchen.” He added that Hess has a cooperative agreement in place with Surfrider Pizza nearby.

“You can order pizza from the bartenders here, who will call in an order for you, and (Surfrider) will bring your pizza here to you,” Lopez said. “It’s a nice option and helps us support local business.”

Lopez said Hess is both dog- and family-friendly. “We’re here to be a part of the community,” said Lopez. “We want to be an asset.”

Hess is open weekdays from noon to 10 a.m. and till midnight on Fridays and Saturdays.

Hess’s retail space was previously a dog wash. The tasting room is in its soft opening phase, with remodeling changes to come, said Magruder.

“We’re going to take out these win-

The Hess Brewery tasting room in Ocean Beach is in its soft opening phase, with remodPHOTO BY DAVE SCHWAB eling changes to come.

dows here (pointing to a wall of them) and replace them with roll-up doors,” he said, adding, “We also have some artwork coming, as well as outdoor banners.”

Lopez said the new roll-up doors will open up the establishment allowing a freer and easier two-way flow of people and music into and out of Hess.

“People passing by will be able to catch some of that sound,” said Lopez.

“The open doors will make us an interactive part of the community,” agreed Magruder.

The OB Hess tasting room has at least 15 different custom brews on tap.

“One of the brews we get most recognized for is our Grazias Cream Ale,” said Magruder, adding, “It’s a really nice, light beer. What’s special about it is the malt that goes into it gives it a nice carmely color and the light body that makes it nice, powerful and drinkable.

It’s a clean ale.”

Magruder noted there are two major types of brews, ales and lagers, which now have lots of hybrids being created with combinations of each type.

Lopez pointed out that Hess also offers gluten-free and gluten-reduced beer

HESS BREWERY TASTING ROOM Where: 4893 Voltaire St. Hours: Open weekdays from noon to 10 a.m. and till midnight on Fridays and Saturdays.

Info: (619) 795-1095 or visit mikehessbrewing.com.

varieties.

“It’s below the level that celiac folks have to worry about,” noted Magruder.

Both Hess employees believe there’s nowhere for the local craft beer industry to go right now other than up.

“Demand has definitely grown over the past decade or so,” said Lopez.

“Everyone right now is looking for that next beer.”

And Hess is hoping people are going to find that next big drinkable brew there.

“We like to think we’ve got what will work for everybody,” said Lopez, adding, “We have a very nice array of different styles on board – something for everyone.”

For more information, call (619) 7951095 or visit mikehessbrewing.com/brewery/hoursdirections/.

Paradise Point partners with San Diego International Airport on sustainable travel The Good Traveler program, piloted

by San Diego International Airport, seeks to offset environmental impacts of travel by encouraging guests to purchase carbon offsets in the form of merchandise or add-ons to hotel reservations. For just $1, a traveler can effectively offset 500 miles of air travel or 200 miles of driving. All program funds will go toward conservation projects

counteracting the environmental impacts of greenhouse gas emissions.

Paradise Point is the first hotel to participate in The Good Traveler program, encouraging and inspiring sustainable travel by resort guests. Seeking to make conservation approachable and inclusive for all travelers, The Good Traveler provides participants with a collectible sticker that can be proudly displayed.

Paradise Point offers guests the option to participate by purchasing carbon offsets when booking a room reservation online. Purchases are available in onedollar increments to allow guests to offset the amount of carbon emissions generated by their individual mode of transportation and distance traveled.

READ MORE ONLINE AT sdnews.com

BUSINESS

7 Another brewery ‘hops’ into the Midway District Ralph Rubio talks tacos Bay City Brewing Co. and his successful business opens near Valley View

In honor of National Seafood Month in October, we sat down with Ralph Rubio, the man responsible for popularizing the fish taco in the U.S., at the original Rubio’s Coastal Grill location in Pacific Beach, where it all began.

BY FRANK SABATINI JR. | THE BEACON What used to be a boat repair shop for 30 years in an inconspicuous warehouse on Hancock Street is now a place where steel tanks and homegrown bacteria rule the day.

Since its grand opening less than two months ago, Bay City Brewing Co. has grabbed the attention of beer aficionados with its concise rollout of eight different brews. It is the second brewery and tasting room to emerge along this industrial loop, which also marks the birthplace of Modern Times Beer on nearby Greenwood Street.

Chris West is Bay City’s head brewer.

He hails from Monkey Paw Brewing in the East Village, where he worked as assistant brewer for a year and a half.

“It was an awesome learning experience, and we were able to be creative,” he says.

With the support of three other business partners, West decided it was time to launch his own operation. In doing so, he left behind a bartending job as well at Sessions Public in Point Loma.

When a Realtor informed one of his partners the 4,200-square-foot facility was available, including an additional 1,200 square feet of patio space that came with it, the team jumped at the opportunity.

“We wanted a central location close to the beach because that’s where we all live. It was an aligning of the stars,” he says.

Befriending chemical engineer Aaron Williams along the way was also advantageous. West met Williams while hanging out at Coronado Brewing Co., when Williams was establishing that company’s quality control lab.

As a co-owner of Bay City, the UCSD grad oversees the growing of bacteria that West uses in the beers, sparing him the time and cost of purchasing it from yeast companies.

“For our Sour Wheat, we used a strong, selective bacteria, which gives the beer its unique lemon and pineapple flavors,” says West. “We’re very pleased with the outcome.”

Leading the pack in sales, however, is Bay City’s Session IPA, crafted with Chinook and Equinox hops and lauded for its citrus, grassy notes. West plans on creating a cucumber-basil version of it for an upcoming second production.

The menu also includes a sturdy American Stout, an orange-hued Vien-

THURSDAY · OCTOBER 29, 2015

THE PENINSULA BEACON

Aaron Williams (left) and Chris West tend to the tanks at Bay City Brewing Co. PHOTO BY FRANK SABATINI Jr.

na Lager boasting a bread-and-honey finish, a Sour Brown and the semi-fruity Experimental Pale Ale, made with Nelson hops from New Zealand.

“The Pale Ale was the first beer to be made on our system,” says West, adding that he’s yet to come up with imaginative names for his beers.

In its short life, the brewery has already distributed kegs to a few local establishments, such as Sessions Public, the 3rd Corner in Ocean Beach and San Diego Beerworks in Solana Beach.

“The biggest challenge is that we’re in a city with more than 100 breweries.

So getting our product on tap handles at more places will take time because we’re the new kids on the block,” he adds.

With a capacity to produce 2,500 barrels annually, West hopes to start packaging the beers next year for store retailers. To date, he has produced 220

BAY CITY BREWING CO. Where: 3760 Hancock St., Suite A (Midway District) Hours: Noon to 10 p.m., daily Info: (619) 727-4926; www.baycitybrewingco.com

barrels while sourcing the majority of his hops from Washington state.

The tasting room, open seven days a week, greets patrons with looming tanks and a spacious L-shaped bar mantled in bleached Douglas fir. West assures that more interior design work is on the drawing board.

Beers are sold in pints, flights and growlers, and food is available on the patio on Fridays and Saturdays from trucks and catering companies.

business. I thought if I could have 10 or 15 restaurants, that would be great.

Today, we have close to 200 stores and more than 4,000 employees.

BBP: How did you come up with recipes for your earliest menus?

RR: Both my parents are from Mexico, so I grew up around a lot of delicious Mexican food. I was very focused on the fish taco and had written down the ingredients for beer batter when I was in San Felipe – which are flour, water, beer, oregano and mustard – but I didn’t know the proportions. I carried that list around in my wallet for years.

So when I started the restaurant, my brother and I sat in the kitchen for a couple weeks and tried different recipes until we got the beer batter just right.

Then we experimented with several different types of fish — we started with red snapper, then shark — but ultimately settled on Alaskan pollock about a year into it and have been with it ever since.

PB: How did you come up with the concept for creating a restaurant focused on fish tacos?

RR: I grew up in Los Angeles and moved down here to go to SDSU. Some of the upperclassmen wanted to go down to San Felipe, Mexico for spring break to get fish tacos.

I said, “Fish tacos, what are those?”

I’d never been there before and never had a fish taco. We got there in the late morning, so the taco shops were just starting to open up, and I had my first fish taco and just fell in love. We had fish tacos for breakfast, lunch and dinner for the next four or five days.

Back at school, I started getting into the restaurant industry – I was busing tables at The Old Spaghetti Factory and then became a waiter. I had this love of fish tacos that translated into this idea BBP: What is your role in the compato open a restaurant in San Diego to ny these days? serve fish tacos and Coronas, because RR: My primary work is around no one was doing it here, so I saw a culinary now to develop new products market need. and improve existing products. I also spend a lot of time in the field, visiting PB: Why did you choose Pacific Beach restaurants and making sure the food is for your first location? being executed properly. I go in the RR: There’s a big PB connection for kitchen and meet team members, me starting in the late 1970s, when I shake hands and get to know people. lived near Fanuel Street and Pacific It’s important to stay connected to the Beach Drive. I started out in South Mis- team, because you can’t run a restausion Beach and worked my way up to rant from behind a desk.

PB. Pacific Beach is a very exciting, dynamic place. I just love that we have BBP: After more than 32 years, how our roots here; it’s always meant a lot do you stay inspired? to me since I was a resident [Rubio now RR: When your name is on anylives in Encinitas]. And this restaurant thing, that’s an inspiration, I think – will always be a landmark in PB. you have your reputation to protect.

The original fish taco is still the best- My son wants to get into the business selling item on the menu, and we just so maybe down the road we’ll start a sold our 200 millionth fish taco this new concept together. Or if he wants to past summer. The plan was always for get involved with Rubio’s, I’m more Rubio’s to be a chain restaurant – I likely to stick around for a long time. knew if I could develop a prototype that was scalable then I could have a bigger READ MORE ONLINE AT sdnews.com

8

THURSDAY · OCTOBER 29, 2015 THE PENINSULA BEACON

LEGAL ADS 900 SUPERIOR COURT OF CALIFORNIA CIVIL DIVISION 330 W. BROADWAY SAN DIEGO, CA. 92101 CASE NO: 37-2015-00026169-CU-PT-CTL PETITIONER OR ATTORNEY, EMILY ANNE PRATT 5193 CASSANDRA LANE SAN DIEGO, CA. 92109 HAS FILED A PETITION WITH THIS COURT FOR A DECREE CHANGING PETITIONERS NAME FROM EMILY ANNE PRATT TO EMILY PETTERSON PRATT THE COURT ORDERS that all persons interested in this matter shall appear before this court at the hearing indicated below to show cause, if any, why the petition should not be granted. Any person objecting to the name changes described above must file a written objection that indicates FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-026310 Fictitious Business Name(s): LINDSAY ALT, PSYD located at: 3990 OLD TOWN AVE. STE A 208 SAN DIEGO, CA. 92110 is registered by the following: LINDSAY ALT ST THOMAS This business is conducted by: AN INDIVIDUAL The first day of business was: 03/04/2013 Registrant Name: LINDSAY ALT ST. THOMAS Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 08, 2015 ISSUE DATES: OCT 15, 22 , 29 AND NOV 05, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-026454 Fictitious Business Name(s): SAN DIEGO TIME TRAVEL located at: 3055 KARNES WAY SAN DIEGO, CA. 92117 is registered by the following: JASON ACTON, CHIAKI ACTON This business is conducted by: A MARRIED COUPLE The first day of business was: NOT APPLICABLE Registrant Name: JASON ACTON Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 09, 2015 ISSUE DATES: OCT 15, 22 , 29 AND NOV 05, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-024670 Fictitious Business Name(s): ADABADOYA, ADABADOYA HOT SAUCE located at: 3520 TOMAHAWK LANE SAN DIEGO, CA. 92117 is registered by the following: TODD MILLER This business is conducted by: AN INDIVIDUAL The first day of business was: NOT APPLICABLE Registrant Name: TODD MILLER Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: SEP 22, 2015 ISSUE DATES: OCT 15, 22 , 29 AND NOV 05, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-024093 Fictitious Business Name(s): ROSALIA DI VENEZIA, ROYAL DUCHESS BRIDAL, ROYAL BOUTIQUE, COLLEZIONI RENATA located at: 10529 MISSION GORGE ROAD SANTEE, CA. 92071 is registered by the following: ROYAL BOUTIQUE LL. This business is conducted by: A LIMITED LIABILITY LIABILITY COMPANY ROYAL BOUTIQUE LLC. 10529 MISSION GORGE ROAD SANTEE, CA. 92071 CALIFORNIA The first day of business was: 08/24/2015 Registrant Name: RENATA MARDIROSSIAN Title: MEMBER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: SEP 16, 2015 ISSUE DATES: OCT 15, 22 , 29 AND NOV 05, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-026592 Fictitious Business Name(s): BAKE SALE BAKERY AND STUDIO located at: 815 F STREET SAN DIEGO, CA. 92101 is registered by the following: ROLLING IN DOUGH LLC. This business is conducted by: A LIMITED LIABILITY LIABILITY COMPANY ROLLING IN DOUGH LLC 815 F STREET SAN DIEGO, CA. 92101 CALIFORNIA The first day of business was: 10/06/2015 Registrant Name: TERRY L. GAVRE Title: MANAGER / MEMBER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 13, 2015 ISSUE DATES: OCT 22 , 29 NOV 05 AND 12, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-026539 Fictitious Business Name(s): GRAPHICA located at: 3711 DUPONT ST. SAN DIEGO, CA. 92101 is registered by the following: ALEX MONNAR This business is conducted by: AN INDIVIDUAL The first day of business was: 09/12/2015 Registrant Name: ALEX MONNAR Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 12, 2015 ISSUE DATES: OCT 22 , 29 NOV 05 AND 12, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-026487 Fictitious Business Name(s): WORDS TO GO located at: 2615 LUNA AVE. SAN DIEGO, CA. 92117 is registered by the following: CYNTHIA LOUISE JENSEN-ELLIOTT This business is conducted by: AN INDIVIDUAL The first day of business was: NOT APPLICABLE Registrant Name: CYNTHIA L. JENSEN-ELLIOTT Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 12, 2015 ISSUE DATES: OCT 22 , 29 NOV 05 AND 12, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-025838 Fictitious Business Name(s): PB PHO & GRILL located at: 1007 GARNET AVE. SAN DIEGO, CA. 92109 is registered by the following: JAMES HO This business is conducted by: AN INDIVIDUAL The first day of business was: NOT APPLICABLE Registrant Name: JAMES BAN HO Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 05, 2015 ISSUE DATES: OCT 22 , 29 NOV 05 AND 12, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-024876 Fictitious Business Name(s): OB SERVICES located at: 1889 BACON STREET #3 SAN DIEGO, CA. 92107 is registered by the following: CLAUDIA JACK This business is conducted by: AN INDIVIDUAL The first day of business was:10/01/2000 Registrant Name: CLAUDIA JACK Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: SEPT 24, 2015 ISSUE DATES: OCT 22 , 29 NOV 05 AND 12, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-026915 Fictitious Business Name(s): WILD WATER located at: 1025 OPAL STREET SAN DIEGO, CA. 92109 is registered by the following: LAUREN ASHLEY DINAN This business is conducted by: AN INDIVIDUAL The first day of business was:NOT APPLICABLE Registrant Name: LAUREN DINAN Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 15, 2015 ISSUE DATES: OCT 22 , 29 NOV 05 AND 12, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-025649 Fictitious Business Name(s): URBANRIDE INTERNATIONAL located at: 4102 TAOS DRIVE SAN DIEGO, CA. 92117 is registered by the following: WHEELS OF FREESTYLE, INC. This business is conducted by: A CORPORATION WHEELS OF FREESTYLE, INC. 4102 TAOS DRIVE 92117 CALIFORNIA The first day of business was: 01/01/2015 Registrant Name: DAVID HOLDEN Title: PRESIDENT The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 02, 2015 ISSUE DATES: OCT 22 , 29 NOV 05 AND 12, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-025277 Fictitious Business Name(s): WEST SIDE TAP HOUSE, TAP IT located at: 1110 ROSECRANS ST. SAN DIEGO, CA. 92106 is registered by the following: MNJS, INC. This business is conducted by: A CORPORATION MNJS, INC. 1110 ROSECRANS ST. SAN DIEGO, CA. 92106 CALIFORNIA The first day of business was: NOT APPLICABLE Registrant Name: MANISHA MOORE Title: CFO The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: SEPT 29, 2015 ISSUE DATES: OCT 22 , 29 NOV 05 AND 12, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-027010 Fictitious Business Name(s): BROTHERHOOD PAINTING located at: 8460 WESTMORE RD. APT 398 SAN DIEGO, CA. 92126 is registered by the following: ALEX CRUZ This business is conducted by: AN INDIVIDUAL The first day of business was: NOT APPLICABLE Registrant Name: ALEX CRUZ Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 16, 2015 ISSUE DATES: OCT 22 , 29 NOV 05 AND 12, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-025180 Fictitious Business Name(s): COZY PAWS PET SITTING located at: 3328 CLAIREMONT DR. SAN DIEGO, CA. 92117 is registered by the following: TIFFANY PICO This business is conducted by: AN INDIVIDUAL The first day of business was: 09/28/2015 Registrant Name: TIFFANY PICO Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: SEPT 28, 2015 ISSUE DATES: OCT 22, 29 NOV 05 AND 12, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-027115 Fictitious Business Name(s): A-LIST BASKETBALL ACADEMY located at: 2701 MIDWAY DR. SAN DIEGO, CA. 92110 is registered by the following: ALTON LISTER This business is conducted by: AN INDIVIDUAL The first day of business was: 07/21/2015 Registrant Name: ALTON L. LISTER Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 19, 2015 ISSUE DATES: OCT 22 , 29 NOV 05 AND 12, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-024620 Fictitious Business Name(s): THE SEAMSTER COMPANY located at: 13820 PASEO ALDABRA SAN

DIEGO, CA. 92129 is registered by the following: MARC EVERDS This business is conducted by: AN INDIVIDUAL The first day of business was: NOT APPLICABLE Registrant Name: MARC EVERDS Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: SEPT 22, 2015 ISSUE DATES: OCT 15, 22 , 29 AND NOV 05 , 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-025358 Fictitious Business Name(s): SAN MOVING located at: 6731 S ELMAN ST SAN DIEGO, CA. 92111 is registered by the following: EDWARD BAYASI This business is conducted by: AN INDIVIDUAL The first day of business was: 09/29/2015 Registrant Name: EDWARD BAYASI Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: SEPT 29, 2015 ISSUE DATES: OCT 22 , 29 NOV 05 AND 12, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-026836 Fictitious Business Name(s): JK COMMUNICATIONS AND CONSTRUCTION INC., DBA KLEVEN CONSTRUCTION located at: 110 S. PRIEST DR. SUITE 101 TEMPE, AZ. 85281 is registered by the following: JK COMMUNICATIONS AND CONSTRUCTION INC., DBA KLEVEN CONSTRUCTION This business is conducted by: A CORPORATION JK COMMUNICATIONS AND CONSTRUCTION INC., DBA KLEVEN CONSTRUCTION 110 S. PRIEST DR., SUITE 101 TEMPE, AZ 85281 ARIZONA The first day of business was: 05/14/2002 Registrant Name: GARY TEDESCO Title: CFO The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 15, 2015 ISSUE DATES: OCT 22, 29 NOV 05 AND 12, 2015

ment was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 21, 2015 ISSUE DATES: OCT 29 NOV 05, 12 AND 19, 2015

J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: SEPT 28, 2015 ISSUE DATES: OCT 22, 29 NOV 05, AND 12, 2015

with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 21, 2015 ISSUE DATES: OCT 29 NOV 05, 12 AND 19, 2015

FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-027368 Fictitious Business Name(s): IN BLOOM DECO located at: 4433 TEMECULA ST. APT #1 SAN DIEGO, CA. 92107 is registered by the following: ADELA G DOVER This business is conducted by: AN INDIVIDUAL The first day of business was: NOT APPLICABLE Registrant Name: ADELA G. DOVER Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 21, 2015 ISSUE DATES: OCT 29 NOV 05, 12 AND 19, 2015

FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-025194 Fictitious Business Name(s): MAXIMILIAN ERICH SALON located at: 5726 LA JOLLA BLVD., STE 101-114 LA JOLLA, CA. 92037 is registered by the following: MAXIMILIAN DREUES This business is conducted by: AN INDIVIDUAL The first day of business was: 09/10/15 Registrant Name: MAXIMILIAN DREUES Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: SEPT 28, 2015 ISSUE DATES: OCT 22, 29 NOV 05, AND 12, 2015

FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-027793 Fictitious Business Name(s): SUNSHINE COMPANY SALOON located at: 5028 NEWPORT AVE. SAN DIEGO, CA. 92107 is registered by the following: YOU ARE MY, INC. This business is conducted by: A CORPORATION YOU ARE MY, INC. 5042 NEWPORT AVE. SAN DIEGO, CA. 92107 CALIFORNIA The first day of business was: 07/03/2014 Registrant Name: PAMELA KOMO Title: PRESIDENT The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 26, 2015 ISSUE DATES: OCT 29 NOV 05, 12 AND 19, 2015

FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-025190 Fictitious Business Name(s): BEAUTY BY THE BEACH located at: 5726 LA JOLLA BLVD., STE 101109 LA JOLLA, CA. 92037 is registered by the following: CINDY MOHR This business is conducted by: AN INDIVIDUAL The first day of business was: 09/10/15 Registrant Name: CINDY MOHR Title: OWNER The statement was filed with Ernest

FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-027411 Fictitious Business Name(s): NB ACCOUNTING & TAX SERVICES located at: 3854 PELL PLACE SAN DIEGO, CA. 92130 is registered by the following: NATALYA BURMISTROVA This business is conducted by: AN INDIVIDUAL The first day of business was: 10/21/2015 Registrant Name: NATALYA BURMISTROVA Title: OWNER The statement was filed

SUPERIOR COURT OF CALIFORNIA CIVIL DIVISION 330 W. BROADWAY SAN DIEGO, CA. 92101 CASE NO: 37-2015-00035194-CU-PT-CTL PETITIONER OR ATTORNEY, TRAVIS JASON MICHALSKI 4143 WILLAMETTE AVENUE SAN DIEGO, CA. 92117 HAS FILED A PETITION WITH THIS COURT FOR A DECREE CHANGING PETITIONERS NAME FROM TRAVIS JASON MICHALSKI TO TRAVIS JASON MASON THE COURT ORDERS that all persons interested in this matter shall appear before this court at the hearing indicated below to show cause, if any, why the petition should not be granted. Any person objecting to the name changes described above must file a written objection that indicates the reasons for the objection at least two court days before the matter is scheduled to be heard and must appear at the hearing to show cause why the petition should not be granted. If no written objection is timely filed, the court may grant the petition without a hearing. NOTICE OF HEARING TO BE HELD ON DEC 04, 2015 TIME: 8:30 AM DEPT 46 220 WEST BROADWAY SAN DIEGO, CA. 92101 ISSUE DATE(S): OCT 29 NOV 05, 12 AND 19, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-027404 Fictitious Business Name(s): SD HAIR PAINTING located at: 6903 LA JOLLA BLVD. LA JOLLA, CA. 92037 is registered by the following: ASHEN SALON LLC This business is conducted by: A LIMITED LIABILITY COMPANY ASHEN SALON LLC 6903 LA JOLLA, BLVD. LA JOLLA, CA. 92037 CALIFORNIA The first day of business was: 09/01/2015 Registrant Name: COURTNEY RESCH Title: PRESIDENT The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 21, 2015 ISSUE DATES: OCT 29 NOV 05, 12 AND 19, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-026815 Fictitious Business Name(s): HUNG ENTERPRISE located at: 4875 ALMONDWOOD WAY SAN DIEGO, CA. 92130 is registered by the following: KEVIN HUNG, VICTORIA HUNG This business is conducted by: A GENERAL PARTNERSHIP The first day of business was: NOT APPLICABLE Registrant Name: VICTORIA HUNG Title: GENERAL PARTNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 14, 2015 ISSUE DATES: OCT 29 NOV 05, 12 AND 19, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-027447 Fictitious Business Name(s): MMK BEAUTY located at: 8454 PASEO DEL OCASO LA JOLLA, CA. 92037 is registered by the following: MOLLY MC KELLAR This business is conducted by: AN INDIVIDUAL The first day of business was: NOT APPLICABLE Registrant Name: MOLLY MC KELLAR Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 21, 2015 ISSUE DATES: OCT 29 NOV 05, 12 AND 19, 2015 SUMMONS (CITACION JUDICIAL) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO) Edmund Justin Scallion YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE) Janar Wasito NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case.

There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts online Self-Help Center (www.courtinfo.ca.gov selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca. gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statuatory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court’s lien must be paid before the court will dismiss the case. Tiene 30 DíAS DE CALENDARIO después de que le entreguen esta citación y papeles legales para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefónica no lo protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta. puede encontrar estos formularios de la corte y más informacion en el Centro de Ayunda de las Cortes de California (www.courtinfo.ca.gov/selfhelp/espanol/), en la biblioteca de leyes de su condado o en la corte que le quede más cerca. Si no puede pagar la cuota de presntacieón pida al secretario de la corte que le déo un frmulario de exención de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podrá quitar su sueldo, dinero y bienes sin más advertencia.Hay otros requisitos legales Es recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de remisión a aabogados. Si no puede a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar estos sin grupos sin fines de lucro en el sitio web de California Legal Services, (www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, (www.courtinfo.ca.gov/selfhelp/espanol/), o poniéndose en contacto con la corte o el colegío de abogados locales. AVISO: Por ley, la corte tiene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobrecualquler recuperacion de $10,000 o mas de valor reclbida mediante un acuerdo o una concesion de arbitraje en un caso de derecho civil. Tiene quo pagar el gravamen de la corte antes de que corte pueda desechar el caso. The name and address of the court is: (El nombre y dirección de la corte es): SAN DIEGO SUPERIOR COURT - 330 W. Broadway, San Diego, CA. 92101 CASE NO: 37-201400037304-CU-P0-CTL.The name, address, and telephone number of plaintiff’s attorney, or plaintiff without an attorney, is: (El nombre, la direccieón y el número de teléfono del abogado del demandante, o del demandante que no tiene abogado, es): BONNICI LAW GROUP, APC - Joshua M. Bonnici, Esq. [SBN 281560] 101 West Broadway Ste. 1770 San Diego, CA. 92101 (619) 259-5199 DATE: DEC 03, 2014 Clerk, by J. VIRISSIMO, Deputy, ISSUE DATES: OCT 29 NOV 05, 12, & 19, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-027691 Fictitious Business Name(s): NATHAN HUGHES CONSULTING located at: 3169 COWLEY WAY APT. 124 SAN DIEGO, CA. 92117 is registered by the following: NATHAN HUGHES This business is conducted by: AN INDIVIDUAL The first day of business was: 10/23/2015 Registrant Name: NATHAN HUGHES Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 23, 2015 ISSUE DATES: OCT 29 NOV 05, 12 AND 19, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-027149 Fictitious Business Name(s): 16 DIEM located at: 921 CHALCEDONY ST. SAN DIEGO, CA. 92109 is registered by the following: DOUGLAS J. DARROCH This business is conducted by: AN INDIVIDUAL The first day of business was: 10/16/2015 Registrant Name: DOUGLAS DARROCH Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 19, 2015 ISSUE DATES: OCT 29 NOV 05, 12 AND 19, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-027448 Fictitious Business Name(s): SYMMETRY 50, EXTRAORDINARY PETS located at: 921 CHALCEDONY ST. SAN DIEGO, CA. 92109 is registered by the following: DOUGLAS J. DARROCH This business is conducted by: AN INDIVIDUAL The first day of business was: 04/16/2015 Registrant Name: DOUGLAS DARROCH Title: OWNER The state-

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SPORTS

THURSDAY · OCTOBER 29, 2015 THE PENINSULA BEACON

Madison routs Point Loma; Pointers at Mission Bay on Friday SCOTT HOPKINS | THE BEACON

Pointer running back Antonio Quintanilla (6) runs for yardage against Madison as Niko Vega (36) ties up one Warhawks defender as another moves in for the tackle. Madison ran PHOTO BY SCOTT HOPKINS and passed for a 48-0 Western League victory.

Massage is the best medicine Sore tight muscles? Come and see Angela at Angel Massage. Angela Howely became certified as a Massage Therapist from the School of Healing Arts in 1998 and certified as a Yoga instructor in 2000. She has been serving the community and San Diegans in the same office, since 1998 just on the other side of I-8 in Old Town. She is trained in deep tissue, acupressure, Russian sports massage, prenatal massage, and many other modalities. She continues her education on a regular basis, recently completing a Kinesiology class.

Angel Massage is located at 2254 Moore St., # 205 in Old Town 619-8570077 angelmassagetherapy@ymail.com

The long-awaited battle royale on Bennie Edens Field between Point Loma and Western League nemesis Madison earlier this month served only to extend the Warhawks' hex over the Pointers as the visitors dominated the Dogs in a 480 rout.

The blowout loss likely eliminated the Pointers from adding another league championship to the banners hanging from the rafters of Trepanier Gym. The Pointers are still assured of making the CIF Div. I playoffs, with their seeding dependent on the results of remaining league games against Mission Bay and La Jolla.

The toughest opponent staring them down comes this week as they travel to Mission Bay to play at the school's newly

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turfed and lighted stadium. Not only are the Bucs undefeated at 8-0 (2-0 in league), they will present a formidable challenge, as their defense is yielding an average of fewer than 12 points per game.

The Pointers are yielding 23 points per game. On offense, both teams are similar, with the Dogs scoring 31 and the Bucs 34 per game.

Kickoff is scheduled a half-hour earlier than usual, at 6 p.m.

The Warhawks completely stifled the Pointers while scoring almost at will.

Six of the points yielded by the Pointer defense came less than two minutes into the Madison loss as the Warhawks broke a 77-yard touchdown run on the first play from scrimmage in the game.

After being brought down at the Pointer two-yard line, the Warhawks took a 70 lead three plays later after only 1:56 of play.

A trio of offsides penalties by the Pointers helped Madison double its lead on its next drive five minutes later.

The Warhawks scored twice in each of the first three periods for leads of 14-0, 28-0 at halftime and 42-0 after three quarters. Game officials then invoked the CIF's Mercy Rule, using a running clock during the fourth quarter.

Statistics posted by the Warhawks show their offense rolled up 185 yards and three touchdowns in the air and 215 yards on the ground, scoring four times. They averaged 11.9 yards per run attempt and 12.5 yards per offensive play.

Pointers 52, Scripps Ranch 33 To their credit, the Pointers rebounded from the Madison game to score 35 points in the first half en route to a 52-

33 win at Scripps Ranch last Friday.

First quarter touchdowns were scored

by William Price (12-yard run) and Mathew Fa'alele (35-yard run) sandwiched around a 95-yard kickoff return

by Tshombré Carter after the Falcons returned a Pointer fumble for their first score.

The Pointers tacked on three more touchdowns in the second quarter, including Julius Agho (two-yard run), Brenden Torrence (one-yard run) and Carter's 25-yard run.

A fourth quarter field goal by Jaime Medina (30 yards) and a touchdown by Jaylen Griffin (12-yard run) ended Pointer scoring for the night.

Medina's seven PATs and field goal gave him 10 of the Pointers' points.

With the win, the Pointers move to 53 (1-1 in Western League), while the Falcons fall to 2-6 (0-3).

Extra Points: • The Pointers' final regular-season game versus La Jolla on Nov. 6, has been moved to University City High School's field. Kickoff for the annual "Shoe" game is also set for 6 p.m.

• Pointer coaches were concerned about Madison players making helmetto-helmet contact on their players, as four starting players had to be removed from their game with concussion symptoms in the first half.

• The last shutout loss for the Pointers took place Dec. 1, 2011, when Cathedral Catholic blanked them 24-0 in a CIF Div. III semifinal playoff game.

Ride the Point at Jim Krause Memorial Charity Bicycle Tour Point Loma Rotary and Moment Cycle Sports invite cyclists to ride the “hidden, unridden and forbidden Point Loma” in the third annual Jim Krause Memorial Charity Bicycle Tour on Saturday, Nov. 14. For more information, visit RideThePoint.org.

Ride the Point has something for different levels of bicycling experience: • The challenging Enthusiast rides begin at Moment Cycle in Liberty Station and have 25- and 62-mile exclusive routes, with challenging climbs at Cabrillo National Monument, Sunset Cliffs, Mission Valley and Mission Gorge.

The rides include “King and Queen of the Mountain” time trials up from the Cabrillo National Monument tide pools and refreshments back at Liberty Station afterward.

• The Family Ride is a 10-mile, relatively flat course. It begins at the historic USS Recruit on Liberty Station off Laning Road and continues mostly on bike paths along Spanish Landing and Harbor Island along San Diego Bay. It’s perfect for cruisers, beginning riders, challenged athletes and families.

The general public is invited to the free after-ride healthy lifestyle expo in the North Promenade at Liberty Station from 10 a.m. until 2 p.m., with more than 20 local vendors and live music.

Cheer on the riders as they return and enjoy a day of Point Loma community spirit.

Krause was a longtime resident of Point Loma, an avid cyclist and a Point Loma Rotarian who left a legacy of service to the community. His many friends sponsor Ride the Point to highlight the beautiful cycling areas around Point Loma, promote healthy living and raise awareness of the pancreatic cancer that took his life.

LIBERTY STATION

THURSDAY · OCTOBER 29, 2015 THE PENINSULA BEACON

11

NTC at Liberty Station is San Diego’s new Arts & Cultural District located at the former Naval Training Center in the new Liberty Station neighborhood, near Downtown on San Diego Bay. With 28 acres and 15 of its 27 buildings complete, NTC is home to nearly 50 museums and galleries, artist studios, dance companies, educational groups, multidisciplinary arts, creative retail and other organizations that showcase San Diego’s creative community and provide innovative experiences for the public. The campus also features venues for indoor or outdoor events, festivals, seminars, retreats and meetings. For information and a schedule of classes and events, go to www.NTCLibertyStation.com or call 619 573-9260.

The San Diego Watercolor Society Presents “Artful Harvest”

Halloween Holiday Trivia Orange and black are Halloween colors Chocolate candy bars top the list as the because orange is associated with the Fall most popular candy for trick-or-treaters harvest and black is associated with dark- with Snickers #1. ness and death.

Halloween is the 2nd most commercialJack o’ Lanterns originated in Ireland ly successful holiday, with Christmas where people placed candles in hollowed- being the first. out turnips to keep away spirits and ghosts on the Samhain holiday.

Bobbing for apples is thought to have originated from the roman harvest festiPumpkins also come in white, blue and val that honors Pamona, the goddess of green. Great for unique monster carv- fruit trees. ings!

Black cats were once believed to be Halloween was brought to North Amer- witch's familiars who protected their ica by immigrants from Europe who powers. would celebrate the harvest around a bonfire, share ghost stories, sing, dance The fear of Halloween is known as Samhainopobia. and tell fortunes.

Tootsie Rolls were the first wrapped penny candy in America.

November 4 – November 29 – Wed - Sun, 10 a.m. – 4 p.m. Closed Thanksgiving Day The San Diego Watercolor Society is pleased to announce the November Member’s Show, “Artful Harvest” juried by award winning artist, Mike Nichols. Mr. Nichols’ work has appeared in many International Exhibitions and he is a Signature Member of The San Diego Watercolor Society and Watercolor West. The San Diego Watercolor Society is located at 2825 Dewey Road, Studio 105, San Diego, CA 92106 (At Liberty Station) Exhibition Programs and Events at the Gallery Opening Reception, Friday November 6, 2015, SDWS Gallery 5-8 p.m. (Free), Docent-led tours upon request

About The San Diego Watercolor Society The San Diego Watercolor Society, a non-profit art organization, celebrates 50 years of being a promoter for the appreciation of and involvement in watermedia painting. With a dedicated, all volunteer staff, SDWS operates a major Gallery and Education Center at the Galleries at NTC in Liberty Station and provides a wide array of services and activities that benefit the over 700 members and the public.

These include monthly member art exhibits, an extensive art library, a full program of workshops, classes and artist demonstrations (open to members and non-members) and artist-led plein air painting opportunities.

The ancient Celts thought that spirits & ghosts roamed the countryside on Halloween night. They began wearing masks & costumes to avoid being recognized as human.

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COMMUNITY

THURSDAY · OCTOBER 29, 2015 THE PENINSULA BEACON

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R E N N I W WINNER Pictured is the winner of the grand prize raffle give away at this past weekends Point Loma Nazarene University Fall Festival, a Stand Up Paddleboard provided by OEX Point Loma.

OEX Point Loma is a full service specialty standup paddleboard shop. We also have a rental operation for paddleboards, kayaks and beach cruiser bikes. Located on the water in the America's Cup Cove we are able to do free paddleboard demos so our customers can try before they buy. We have board packages starting at $599 all the way up to the high end carbon raceboards. For more information about us, feel free to check out our website at www.oexpointloma.com

New members of the Point Loma High School Hall of Fame New members of the Point Loma High School Hall of Fame were honored last weekend at the school's 90th Anniversary Gala. They include, front row, left to right: James B. Wiesler, 1945; Carleton Bingham, 1946; W. Daniel Larsen, 1945; and Albert B. Frowiss, 1957. Back row, left to right: David Wells, 1982; Dr. Asa Dan Morton, 1975; Dr. Jeffrey Bennett, 1976; Larry Zeiger, PLHS Staff; Dr. Stephen Waterman, PHOTO BY SCOTT HOPKINS 1969; Bob Magnusson, 1964 and Carlos LeGerrette, 1961. Not pictured: La'Roi Glover, 1992.

DAV 5K at Liberty Station pays tribute to veterans

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On Saturday, Nov. 7, Disabled American Veterans (DAV) will hold its second annual DAV 5K starting at 8:30 a.m. at NTC Park at Liberty Station, 2455 Cushing Road in Point Loma. For more information, visit www.DAV5K.org.

Join the thousands who have participated in past events across the country to salute veterans in a meaningful tribute to the nation’s heroes this Veterans Day. Honor the brave men and women who have sacrificed so much to protect our freedom. America promised to support its veterans and their families; DAV helps make sure that promise is kept.

Funds raised go to DAV, a nonprofit that helps more than 1 million veterans in life-changing ways each year.

Participants can run, walk, or ride a motorcycle on the 5K route, which will start and end at the NTC Park. at Liberty Station. The race is open to individual participants and teams who wish to participate as a group.

Fees, deadlines and additional details are as follows: Runners and Walkers - General Participants: Race bib, timing chip and shirt included in registration fee.

COMMUNITY FAA CONTINUED FROM Page 1

crowd of about 1,000 riled Peninsulans turned out at a special meeting at Liberty Station to protest the project. Several questioned the federal department’s integrity, claiming proposed flight changes outlined in the project’s draft environmental document are already in place.

Many Peninsulans have said they want the FAA to consider retaining the LOWMA waypoint latitude-longitude navigational guide, which for more than 20 years, has limited aircraft flying over Point Loma. They argue that deviating from that waypoint will bring more flights, more noise and more pollution over more areas heretofore unaffected.

San Diego Airport’s Noise Mitigation Department was queried by the Peninsula Beacon, asking it whether the FAA’s proposed Peninsula flight plan changes are a possibility or an actuality.

“The FAA’s SoCal Metroplex plan has not yet been implemented,” answered the Noise Mitigation Department's team.

“SAN conducts approximately 525 flight operations each day. This includes takeoffs and landings for passenger and

cargo aircraft. Of those, only about 6 to 7 percent represent takeoffs in which aircraft turn south upon takeoff and fly over the community of Point Loma. That number remained constant in September and October.”

The airport, however, said a largerthan-usual number of “early turns” (when an aircraft travels outside a prescribed air corridor upon takeoff) was recorded over Point Loma in September: 18, compared with six the previous month. Those early turns, the airport said, brought the aircraft over Point Loma instead of bypassing the peninsula to the south.

“The vast majority of these early turns were performed by general aviation aircraft, not airliners,” noted the Airport Authority, which added, “discussions are ensuing with the FAA, general aviation operators and the airlines in the hopes of minimizing the number of early turns in the future.”

Point Loman Casey Schnoor, who launched a petition drive opposing the SoCal Metroplex plan that has garnered 3,600 signatures to date, said federal and airport officials are telling the truth – but not the “whole” truth.

The real truth, Schnoor argues, is that the number of planes deviating from the

LOWMA navigational waypoint, meant to limit plane flights over the Peninsula, has gradually been “creeping up” over the years.

“Where the confusion comes in is that air traffic controllers have the authority to direct planes, and they’ve been directing them to skip the LOWMA waypoint,” Schnoor said. He claimed that an agreement negotiated years ago by San Diego legislators including Byron Wear and Brian Bilbray, the so-called “Red Dot Agreement” referring to radar screen dots restricting flights over the Peninsula, is gradually being “worn away” over time.

“Somewhere along the way, around 2009, the FAA started ‘chipping away’ at that Red Dot Agreement, allowing more flyovers of the Peninsula,” contended Schnoor. “The FAA says nothing has changed. That’s because it’s been several years since they started cheating on the (Red Dot) agreement.”

“If the LOWMA waypoint goes away, there will be no constraint whatsoever for them (planes) to avoid flying over the Peninsula,” claimed Schnoor, adding, “Those flights will then start flying over the Point, opening up the Peninsula to all the impacts – noise, visual and fuel pollution, loss of property values, etc.”

THURSDAY · OCTOBER 29, 2015 THE PENINSULA BEACON

13

Canine contest winners Winners of ‘Best Float,’ which was a tribute to the U.S. Navy, were Peggy and Michael Konkol, with dogs Hillary (left) and Willie (right), at the 10th annual Ocean Beach KiwaPHOTO BY LORI NESHOVSKA nis Canine Carnival and Costume Contest on Oct. 25.

San Diego River Conservancy to become a permanent entity Gov. Jerry Brown recently signed legislation by Assembly Speaker Toni Atkins making the San Diego River Conservancy a permanent entity. Previously, the conservancy had been scheduled to dissolve on Jan. 1, 2020.

“Over the past 13 years, the San Diego River Conservancy has time and again established its value in the region,” said San Diego Democrat Atkins. “It was created in 2002 and since then has over-

seen more than 100 acres of restoration along the river, construction and renovation of approximately 15 miles of public trails and acquisition of more than 200 acres of land from willing sellers.

This bill extends the San Diego River Conservancy indefinitely, strengthening this resource for generations to come.”

The San Diego River Conservancy has allocated $20 million in state funds for the watershed while leveraging millions

more in federal, local and private funds.

It will now be the ninth of the 10 existing state conservancies in California to become permanent.

Christine Kehoe, who authored the legislation that established the San Diego River Conservancy when she was in the Assembly, hailed the bill’s signing. “The 52-mile San Diego River is one of California's most significant historic, cultural and natural resources,” she said.

ENJOY THE BEAUTY OF OLD TOWN

SAN DIEGO BEER WEEK

Celebrate Dia De Los Muertos at Fiesta De Reyes This Year Old Town San Diego's Día de los Muertos, or Day of the Dead, is held each year on November 1 and 2 and is a community-wide celebration of the history, Hispanic culture and rich heritage of the region. It is at this time of year that the spirits of loved ones who have died are thought to return to Earth to celebrate with friends and family.

As is the custom every year, the Fiesta de Reyes courtyard in Old Town will be full of fanciful, humorous, and visually stimulating décor, offered as tributes to many of San Diego’s early citizens. Many life-

sized Catrina skeleton dolls in fancy dress, and some greater than life size, hold court at Fiesta de Reyes throughout the fall season.

Lively folklorico dancers, dressed in Dia de los Muertos costumes, will be performing on the Fiesta de Reyes stage throughout the weekend, starting on Saturday, October 31, and extending through Monday, November 2. Artistic face painters will also be on hand all three days to help you celebrate the event in style.

Visit the many altars at Fiesta de Reyes, presented in both tradition-

al and contemporary ways, including an altar at the new Casita Verde home and garden shop dedicated to celebrating the loved ones of Fiesta de Reyes employees. At Tienda de Reyes, one can find the largest selection of Dia de los Muertos merchandise in all of San Diego.

The shop will be hosting face-painting artists all three days and will also be hosting demonstrations by two local Dia de Los Muertos artists in the store on Saturday and Sunday afternoons.

The activities start at 11 a.m. and go until 11 p.m. on Sunday and

until 10 p.m. on Monday. Free parking is available throughout Old Town with extra parking available across Taylor Street in the CalTrans parking lot all day on weekend days and after 3 p.m. on weekdays.

Fiesta de Reyes is located at Juan and Calhoun streets, a one-block stroll from the Old Town Trolley Station. In addition to the Casa de Reyes restaurant and Barra Barra Saloon, the plaza boasts 19 specialty shops. For information call (619) 297-3100 or visit www.fiestadereyes.com/ddlm.

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ITEMS WANTED 325 GOT OLD COMIC BOOKS? Local collector seeks vintage comic books and paperbacks from 1950s and older. Let’s make a deal! Contact me at sandiegocomics@yahoo.com.

AUTOS FOR SALE 350 2004 AUDI - LOW MILES 100,000 only, convertible, 1.8T, clean title, excellent condition, Auto Max 858-408-5592

OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: SEP 24, 2015 ISSUE DATES: OCT 08, 15, 22 & 29, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015025235 Fictitious Business Name(s): THE CUSTOM CANINE KITCHEN, THE CCK located at: 4823 ARLENE ST. SAN DIEGO, CA. 92117 is registered by the following: TARA WHITNEY, BRIAN GROT This business is conducted by: A GENERAL PARTNERSHIP The first day of business was: NOT APPLICABLE Registrant Name: TARA WHITNEY Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: SEP 28, 2015 ISSUE DATES: OCT 08, 15, 22 AND 29, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015025282 Fictitious Business Name(s): CHENANGO located at: 3859 JOHN ST. SAN DIEGO, CA. 92106 is registered by the following: RICHARD KNOTH This business is conducted by: AN INDIVIDUAL The first day of business was: NOT APPLICABLE Registrant Name: RICHARD KNOTH Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: SEP 29, 2015 ISSUE DATES: OCT 08, 15, 22 AND 29, 2015

ITEMS FOR SALE 300

misc for sale

Gardening Clean-up

CASH PAID FOR UNEXPIRED, sealed DIABETIC TEST STRIPS - HIGHEST PRICES! Shipping prepaid. 1 DAY PAYMENT. 1-888-366-0959 www.Cash4DiabeticSupplies.com

OCEAN CORP Houston, TX. Train for NEW Career. *Underwater Welder. Commercial Diver. *NDT/ Weld Inspector. Job placement and financial aid for those who qualify. 800-321-0298.

CARPET DISTRIBUTORS SALE Carpet for your home at wholesale.

619-504-7931 303-908-9599 Go to www.ademaandassociates.com

Jose’s

HEALTH SERVICES 375

HELP WANTED-OFFICE / CLERICAL PT Clerical Person needed from Monday-Friday, $600.00 weekly. Computer skills are a must. Need to be detail oriented, possess good customer service skills, some cash & items handling skills, Must be able to do Lil errand. Apply Email: johntoadd@outlook.com

We pay cash for clothing, records, DVDs, CDs, and books

An American Co with roots in our community

MOVING

BARBER/STYLIST WANTED PARADISE BARBER SALON is now hiring licensed barber/stylist...comission/boothrent available...if you are interested please contact Saida@ (619)756-7778 or (619) 929-7310

Everything $5.99 or 4 for $20

Come see how the Pros Do It ! at 4706 Brighton St. OB,92107

TREE SERVICES

“WHEN QUALITY MATTERS”

Lic #504044

858-272-ROOF (7663) 619-224-ROOF (7663)

Prompt, Affordable, Professional Insured Non-licensed

carsonmasonrysandiego.com

CALL BILL 619-224-0586

Scott Smith, has been serving the beach communities since 1979.

Hourly or Bid

30 years experience References & Portfolio

Licenced Plumber with years of experience in residential homes Prompt, Professional and Affordable Phone Estimates, Cash Discounts

Piano Lessons • Water rates are increasing…

• Supplies are decreasing…

• It’s Time we make a change!

Repair & Remodel

STRUCTURAL & DECORATIVE BRICK • BLOCK STONE • TILE CONCRETE DRAINAGE WATERPROOFING

Bill Harper Plumbing.com

Hedges hauling • Reasonable Rates Free Estimates • References

Home Improvement Electrical, Carpentry, Plumbing Decks, Roof Repair, Drywall, Fences, Ceramic Tile

858.272.2029 Lic. #511422 • We accept credit cards

INTRODUCING

FREE ESTIMATES! SR. DISCOUNTS

Gary Gelbman

619 200-7663

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FREE Estimates Residential & Commercial Maintenance Landscape Lighting Drip Irrigation & Troubleshooting Tree Trimming & Wood Fences Custom Landscapes

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(858) 229-0016

Enhance Your Living Space

www.DeLaCruzLandscaping.com Water Wise Landscaping

(619) 920-5296

THE HOLIDAYS Call Valentina

Local, Affordable, Reliable Free Estimates • All Work Guaranteed

ADVERTISE IT HERE!

GET READY FOR MOVE OUT SPECIALS FREE ESTIMATES!

Family owned & operated for 35 yrs

RESIDENTIAL, COMMERCIAL & INDUSTRIAL

Call Micky

HELP WANTED 250 general help wanted

Your Local Electrical Experts ROB’S ELECTRICAL SERVICES Boxes/Circuit Breakers Pole/High Voltage Work Indoor/Outdoor Lighting Ceiling/Attic/Exhaust Fans Outlets/Switches/Fixtures Troubleshooting/Lighting Pool/Spa/Jacuzzi Wiring Home Theater Home Automation Electronics FREE Estimate 10% military + senior discounts

PLUMBING

BUSINESS OPTS. 550

RENTALS 750 PB family looking for long term rental (6yrs) beginning next year. Biking distance to PBMS, minimum 3 bedrooms.

We care for and are active in our community. Fixer uppers ok. (619) 218-0521

REAL ESTATE 800 NEW ON THE MARKET North Park office building @ 3930 Utah St @ $1.85 mil.

F&C, owner will sell or exchange for? Will carry all financing. Other properties available. Geo. Jonilonis Rltr @ 619 454 4151

LEGAL ADS 900 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015024911 Fictitious Business Name(s): OSS CLEANING SERVICES located at: 3764 JEWELL ST. SAN DIEGO, CA. 92109 is registered by the following: MICHAEL ANDERSON, GEORGINA ANDERSON This business is conducted by: A MARRIED COUPLE The first day of business was: 09/02/2015 Registrant Name: MICHAEL ANDERSON Title:

FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015025722 Fictitious Business Name(s): TOWN & COUNTRY WINE AND SPIRITS, SANTEE STOP LIQUOR AND MARKETPLACE located at: 9266 CARLTON OAKS DR. SANTEE, CA. 92071 is registered by the following: SANTEE STOP LIQUOR STORE & DELI, INC. This business is conducted by: A CORPORATION SANTEE STOP LIQUOR STORE & DELI, INC. 9266 CARLTON OAKS DR. SANTEE, CA. 92071 CALIFORNIA The first day of business was: 05/21/2015 Registrant Name: BOBY RIZOKK Title: PRESIDENT The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 02, 2015 ISSUE DATES: OCT 08, 15, 22 AND 29, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-023541 Fictitious Business Name(s): SANFORD BURNHAM PREBYS MEDICAL DISCOVERY INSTITUTE located at: 10901 NORTH TORREY PINES ROAD LA JOLLA, CA. 92037 is registered by the following: SANFORD BURNHAM PREBYS MEDICAL DISCOVERY INSTITUTE This business is conducted by: A CORPORATION SANFORD BURNHAM PREBYS MEDICAL DISCOVERY INSTITUTE 10901 NORTH TORREY PINES ROAD LA JOLLA, CA. 92037 CALIFORNIA The first day of business was: 07/09/1976 Registrant Name: KRISTIINA VUORI Title: PRESIDENT The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: SEPT 09, 2015 ISSUE DATES: OCT 01, 08, 15 AND 22, 2015 NOTICE OF AVAILABILITY OF ANNUAL REPORT Pursuant to Section 6104 (d) of the Internal Revenue Code, notice is hereby given that the annual report of the fiscal year ended June 30, 2014 of the Harold L. Dorris Neuroscience Foundation, a private foundation, is available at the foundation’s principal office for inspection during regular business hours from 9:00 a.m. to 5:00 p.m. by any citizen who requests it within 180 days after the date of this publication. The foundation’s principal office is located at 1327 La Palma Street 1-B, San Diego, California 92109.

The president of the foundation is Helen L. Dorris. ISSUE DATE(S): OCT 08, 15 AND 22, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015025014 Fictitious Business Name(s): THE BLEND SUPERFOOD BAR located at: 4121 MISSION BLVD. SAN DIEGO, CA. 92109 is registered by the following: THE BLEND SUPERFOOD BAR, LLC This business is conducted by: A LIMITED LIABILITY COMPANY THE BLEND SUPERFOOD BAR, LLC. 3503 DEL REY UNIT 5 SAN DIEGO, CA. 92109 CALIFORNIA The first day of business was: 05/21/2015 Registrant Name: BOBY RIZOKK Title: PRESIDENT The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: SEPT 25, 2015 ISSUE DATES: OCT 08, 15, 22 AND 29, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-024244 Fictitious Business Name(s): E & R TRANSPORTATION located at: 14150AVA STREET SAN DIEGO, CA. 92114 is registered by the following: EVANDER COOK III, RACHEL COOK This business is conducted by: A MARRIED COUPLE The first day of business was: NOT APPLICABLE Registrant Name: RACHEL COOK Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: SEPT 17, 2015 ISSUE DATES: OCT 08, 15, 22 AND 29, 2015 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 2015-025994 Fictitious Business Name(s): MICHAEL AND KATE PHOTOGRAPHY, AUDA AND COUDAYRE PHOTOGRAPHY located at: 3676 OLEANDER DR. SAN DIEGO, CA. 92106 is registered by the following: MICHAEL LEWIS AUDA, KATHERINE DANIELLE AUDA This business is conducted by: A MARRIED COUPLE The first day of business was: 01/01/2015 Registrant Name: MICHAEL AUDA Title: OWNER The statement was filed with Ernest J. Dronenburg, Jr., Recorder / County Clerk of San Diego County on: OCT 06, 2015 ISSUE DATES: OCT 15, 22 , 29 AND NOV 05, 2015 SUPERIOR COURT OF CALIFORNIA CIVIL DIVISION 330 W. BROADWAY SAN DIEGO, CA. 92101 CASE NO: 37-201500033296-CU-PT-CTL PETITIONER OR ATTORNEY, PRAVIN PRABHAKAR PRABHU 10340 MAYA LINDA ROAD #B-104 SAN DIEGO, CA. 92126 858-247-9795 HAS FILED A PETITION WITH THIS COURT FOR A DECREE CHANGING PETITIONERS NAME FROM PRAVIN PRABHAKAR PRABHU TO JADEN DARCHON THE COURT ORDERS that all persons interested in this matter shall appear before this court at the hearing indicated below to show cause, if any, why the petition should not be granted. Any person objecting to the name changes described above must file a written objection that indicates the reasons for the objection at least two court days before the matter is scheduled to be heard and must appear at the hearing to show cause why the petition should not be granted. If no written objection is timely filed, the court may grant the petition without a hearing. NOTICE OF HEARING TO BE HELD ON NOV 20, 2015 TIME: 9:30 AM DEPT 46 220 WEST BROADWAY SAN DIEGO, CA. 92101 ISSUE DATE(S): OCT 15, 22, 29 AND NOV 05, 2015

The Peninsula Beacon

858.270.3103

Beach & Bay Press La Jolla Village News

x140

sdnews.com

858.270.3103

THURSDAY · OCTOBER 29, 2015 THE PENINSULA BEACON

15

Ocean Beach awards brings biz community together to celebrate The Ocean Beach MainStreet Association honored its members for their contributions to the Ocean Beach community at its annual Awards Celebration on Thursday, Oct. 22.

"Our annual awards ceremony is a great occasion to reflect on the past year in Ocean Beach and celebrate the accomplishments of our hardworking merchants, who continuously give back to the community," said Denny Knox, executive director of the association.

The program highlighted events and accomplishments over the past year with a slideshow. The ceremony also honored community members who died this past year, including Kevin McKay, David Linton, Alan “Tiny” Kajiwara, Yvonne Cruz and Mike Hardin.

Mike’s son, Shane Hardin, presented the inaugural Mike Hardin “Like a Boss” award to Steven Yeng, owner of OB Noodle House and Bar 1502. This award is presented to an outstanding member of community who reflects Mike’s spirit, generosity and love of Ocean Beach.

Yeng continually invests his time and resources into the community and has shown his devotion through his $10,000 donation to Ocean Beach Elementary School.

Yeng shared his passion for the community and explained how he came from a refugee camp and ended up in Ocean Beach. He said it was the best thing that ever happened to him and that Mike was his mentor and a great individual who did so much for this community.

This year’s theme was “It’s all about the Beach.” Attendees celebrated by wearing oversize sunglasses, and cen-

terpieces were filled with sand, seashells and sunflowers from Ocean Beach Farmers Market, held Wednesdays along Newport Avenue. The awards ceremony began with the OB Pledge of Allegiance and hands up with a peace sign, an association tradition.

Councilmember Lorie Zapf acknowledged the association for its continued efforts and improvements in the community. She discussed accomplishments of the past year, including the addition of two park rangers at Sunset Cliffs and added security to the Ocean Beach public beaches and pier area. Zapf also recognized the hard work of the San Diego Police Department Western Division for keeping the community a safe and peaceful place.

Each year, the association committees award individuals and businesses for their contributions to public improvements, crime prevention, revitalization and expansion within the community. The members voted on a People’s Choice winner in each category, while the Customer Service Business of the Year was chosen by the public through online voting. The award winners are below, with the People’s Choice winners in parentheses.

This year’s theme was ‘It’s all about the Beach,’ and attendees celebrated by wearing oversize sunglasses, and centerpieces were filled with PHOTO CONTRIBUTED sand, seashells and sunflowers.

Design Committee: • Little Lion Café (People’s Choice) for outstanding small-space renovation and creating a cozy atmosphere; • OB Warehouse for outstanding exterior and interior building renovation, including particularly impressive, award-winning restrooms; • Culture Brewing Co. for outstanding, trendy building design of the first beer-tasting room in OB; and • Espresso Cucina for outstanding Crime Prevention Committee: total interior remodel with a hip, urban • San Diego Police Department West- look. ern Division (People’s Choice) for its work throughout the Ocean Beach com- Economic Restructuring Committee: munity; • Mindy Pellissier and Giovanni Ingo• OB Lifeguard Team for taking a lia (People’s Choice) for their outstandproactive role in community safety; and ing leadership on the Ocean Beach Com• OB Sunset Cleanup Crew for estab- munity Plan, recently approved by the lishing and consistently carrying out an Coastal Commission; awesome cleanup program.

• Ocean Beach Woman’s Club for increasing membership, adding programs

and generally revitalizing a valuable community partner organization; and The Customer Service Business of the • CVS for revitalizing a neglected prop- Year awards go to the businesses that erty and providing local jobs and addi- exemplify the spirit of Ocean Beach and tional parking for OB. reflect a positive awareness and activity in the community through their excepPromotion Committee: tional customer service. Awardees are: • Hodad’s (People’s Choice) for • 1st Place, Newport Avenue Optomincreasing visibility of Ocean Beach in etry the media and responding to a tragedy • 2nd Place, Catrina Russell Real with grace and generosity of spirit; Estate • OB Noodle House/Bar 1502 for out* 3rd Place, James Gang Company standing fundraising efforts and exciting projects and events that benefit the Music and entertainment were hosted whole community;

by Sevy and Ryan McCarthy, from Glasz • Rock & Roll San Diego for being some Productions. Food was donated by local of the hardest-rocking participants at restaurants, and beverages were donatOB Street Fair and for their outstanding ed by Culture Brewing and Pizza Port. contribution to community events and Local merchants filled the five baskets promotion of performing arts; and for the raffle.

• Culture Brewing Co. for promotion For more information on the Ocean of local art, fundraising events, commu- Beach MainStreet Association, visit nity outreach and unique use of space. oceanbeachsandiego.com.

The Ocean Beach Main Street Association says:

Thank you to all our Sponsors for making the 2015 OBMA Awards a HUGE success!

NOTICE OF INTENT TO CIRCULATE PETITION Notice is hereby given of the intention of the person whose name appears hereon to circulate a petition within the City of San Diego for the purpose of requiring the responsible management of the City’s major tourism- and entertainment-related facilities and infrastructure benefiting from and impacting the City’s most valuable resource: the connection of tourists and residents to the Pacific Ocean and its beaches, bays, harbors, rivers and tributaries.

THE CITIZENS’ PLAN FOR THE RESPONSIBLE MANAGEMENT OF MAJOR TOURISM AND ENTERTAINMENT RESOURCES Be it ordained by the People of the City of San Diego: Part 1. Title.

This Ordinance shall be known and may be cited as the Citizens’ Plan for the Responsible Management of Major Tourism and Entertainment Resources (the “Ordinance”).

Part 2. Findings and Declarations.

The People of the City of San Diego hereby find and declare all of the following: (a) The City of San Diego’s most valuable resource for both tourists and residents is the City’s connection to the Pacific Ocean and its beaches, bays, harbors, rivers and tributaries, which are supported by major tourism- and entertainment-related facilities and infrastructure that benefit from and impact this resource. This Ordinance is necessary to ensure that the benefits of this resource can be accessed and enjoyed by tourists and residents alike in the near and distant future, and to establish transparent financing mechanisms that support each of them paying their fair share for the facilities and infrastructure that benefit from and impact this resource. (b) The public’s right to vote – especially on the City’s levying of new taxes, incurring of new debt, and selling and administering of large parcels of public land – is a basic legal requirement embodied in the California Constitution and the San Diego City Charter, and must not be violated under any circumstance. (c) Tourism is one of the City’s top industries and is responsible for a substantial portion of the City’s revenues in the form of the Transient Occupancy Tax (“TOT”), which is used to pay for a variety of general governmental services such as street and sidewalk maintenance, parks, fire stations, environmental protection, and public safety that benefit tourists and residents alike. The San Diego Municipal Code currently sets the TOT rate at 10.5% (d) The City’s 10.5% TOT rate is not competitive. By comparison, it has been reported that in 2014 Seattle’s lodging tax rate was 16.5%, San Francisco’s lodging tax rate was 16.25%, Los Angeles’ lodging tax rate was 15.5%, and Anaheim’s lodging tax rate was 17%. The City therefore could eliminate the 0.55-2% “self-assessment” that currently may be passed on to hotel guests in connection with the San Diego Tourism Marketing District and raise its overall TOT rate to 15.5%, thereby increasing the amount of money paid by tourists in support of their fair share of general governmental services, while still maintaining a highly competitive tax rate.

Moreover, by having a slightly lower rate for tourists who stay at smaller accommodations, the City will also have an even greater competitive advantage while also having needed general revenues to support general governmental services. (e) City officials have done too little to ensure that tourists and the businesses benefitting from tourism pay their fair share of the costs to develop, maintain and enhance existing and new tourism- and entertainment-related facilities and infrastructure in an economically sustainable and environmentally responsible manner.

It has been reported that Qualcomm Stadium may require $75 million or more in deferred maintenance and the San Diego Convention Center may require $30 million to $40 million in deferred maintenance.

There has also been a lack of transparency, accountability, and efficiency in the City’s planning, financing, managing, and sales and marketing process for such facilities and infrastructure, which has contributed to many of the City’s problems such as funding shortfalls and failed measures to expand the Convention Center. The adoption of this Ordinance would serve in part to ensure that the City’s facilities and infrastructure are responsibly managed and would establish concrete, transparent, and voter-approved mechanisms and incentives for the tourism industry to support its fair share of the costs required to properly maintain and enhance existing facilities and infrastructure and to develop new facilities and infrastructure. (f) The City’s tourism industry has enjoyed many of the benefits of the availability of public resources such as Qualcomm Stadium, the San Diego Convention Center, and the facilities and infrastructure that serve them, without having to bear a commensurate share of the burden of providing and maintaining such infrastructure and facilities. These resources have, for many years, experienced growing operational deficits and deferred-maintenance debts. Only a coordinated and consolidated governance structure can provide the efficiencies necessary to relieve the public of this burden.

The adoption of this Ordinance would serve in part to give the hotel industry incentives to assume their fair share of providing the highest quality tourism- and entertainmentrelated facilities and infrastructure.

thereafter allowing for, but not requiring, private management of the Convention Center subject to the assumption of liabilities (including deferred maintenance) by such private management as specified below.

(g) Responsibly managing the City’s tourism- and entertainment-related facilities and infrastructure in a manner that preserves and enhances access for tourists and residents to the City’s most valuable resource – its unique connection to the Pacific Ocean and its beaches, bays, harbors, rivers and tributaries – requires restoring and protecting this resource, appropriately allocating low-density and high-density development impacting this resource, and supporting compatible uses adjacent to or near this resource that together maximize tourism and public benefits.

The adoption of this Ordinance would serve in part to provide voter-approved incentives for meeting the foregoing need, including, but not limited to, incentives to concentrate intensive and high-density development outside of the Qualcomm Stadium site and away from the Downtown San Diego Waterfront.

(d) Allowing for, but not requiring, the sale of the approximately 166-acre Qualcomm Stadium site, subject to the site thereafter being used for the compatible low-impact purposes of environmental preservation, university education, eco-tourism, recreation, and other compatible uses that together maximize the tourism and public benefits of and access to land with such high ecological value; and encouraging higher-density development to be directed downtown, consistent with existing facilities and infrastructure and the community plan.

(h) The Qualcomm Stadium site and the City’s downtown have long been linked, in part because of the ongoing discussion about the location of a potential new home stadium for the San Diego Chargers.

This link is as natural as the connection tourists and residents have to the Pacific Ocean and its waterways. The existing Qualcomm Stadium site and the downtown area in and around the “East Village” community are among the few remaining areas within the City that would support the development of future major tourismand entertainment-related facilities, and would benefit from significant facilities and infrastructure such as existing hotels, public-access, and public-transportation systems. These factors, and others, also provide the necessary tools to prudently finance any future major tourism- and entertainment-related facilities. As such, the adoption of this Ordinance would not prevent the City from pursuing the development of a new home stadium for the Chargers or another National Football League (“NFL”) franchise either at the existing Qualcomm Stadium site or in an area of downtown that is off the Downtown San Diego Waterfront. Moreover, in furtherance of its stated objective, and if the Chargers and the City determine not to maintain the existing Qualcomm Stadium site for the home stadium of the Chargers or if another NFL team does not make the site its home stadium, this Ordinance would authorize the City to sell the approximately 166-acre site for its fair-market value and subject to the condition that it be developed for the combined activities and uses of environmental preservation, education, ecotourism, recreation, and other compatible uses that together maximize the tourism and public benefits of and access to this land with such high ecological value.

Part 4. The Citizens’ Plan for the Responsible Management of Major Tourism and Entertainment Resources shall be codified by adding and revising provisions to the San Diego Municipal Code as follows:

(i) For all of the foregoing reasons, as well as those expressed in the other provisions of this Ordinance, the reforms contained herein are necessary to properly and adequately enhance, preserve, and manage the City’s major tourism- and entertainment-related resources in a manner that best protects the unique and valuable connection between tourists and residents and the Pacific Ocean and its beaches, bays, harbors, rivers and tributaries. To this end, the reforms reflect the public’s desire to see substantial improvements in the City’s overall management of its tourism- and entertainment-related resources through a comprehensive, integrated, economically sustainable, environmentally responsible, and lawful plan for enhancing, preserving, and responsibly managing all of these resources. All of the components of this Ordinance have a direct relationship and are essential to each other in order to effectuate the public’s purposes and intent.

Part 3. Purposes and Intent.

The People of the City of San Diego hereby declare the following purposes and intent in enacting this Ordinance: (a) Setting the City’s Transient Occupancy Tax at a competitive rate compared to other cities: 15.5% for large hotels and 14% for small hotels. (b) Repealing an existing 4% earmark on Transient Occupancy Tax that is used for promoting the City as a tourism destination, repealing the San Diego Tourism Marketing District Procedural Ordinance and its 0.55-2% surcharge on hotel guests as a redundant program for promoting the City, and replacing them with two voluntary programs that encourage hoteliers to self-assess as follows: (1) By creating one self-assessment designed to pay for promoting the City, and another self-assessment designed to finance an off-waterfront expansion of the San Diego Convention Center; and (2) By giving hoteliers the option of taking a credit of up to 2% from their Transient Occupancy Tax remittances for their promotional self-assessment and another credit of up to 2% from their remittances for their expansion self-assessment, for a maximum credit of 4%, as an incentive to hoteliers in exchange for their assumption of the responsibility for promoting the City and expanding the Convention Center. (c) Reaffirming the prohibition against an expansion of the San Diego Convention Center on the Downtown San Diego Waterfront, allowing an off-waterfront expansion of the Convention Center, and

(e) Allowing for retention of the San Diego Chargers in Mission Valley or downtown without taxpayer funding, consistent with the protection of the Pacific Ocean and its beaches, bays, harbors, rivers and tributaries, as applicable, with public financing requiring a separate vote of the people.

A. The following sections are to be added to, and inserted in numerical order into the existing provisions of, Division 1 of Article 5 of Chapter 3 of the San Diego Municipal Code, Transient Occupancy Tax. §35.0109 Establishment of Fair, Competitive Tourist Tax Rates (a) This section increases the City’s Transient Occupancy Tax rate to enable the City to keep its competitive advantage over other major tourism destinations while at the same time generating additional general revenues to, by way of example and not limitation, support general government services, facilities and infrastructure, and the protection of the environment that make the City one of the nation’s top tourism destinations.

1 of Chapter 6 of the San Diego Municipal Code, the San Diego Tourism Marketing District Procedural Ordinance. §61.2528 Sunset Provisions for San Diego Tourism Marketing District Procedural Ordinance This Division and each of its sections shall terminate, be repealed, and have no further force or effect, and all legal authority, rights, and obligations conferred or imposed by this Division or any of its sections shall be deemed withdrawn in their entirety, as of 11:59 p.m. on the earlier of the first December 31 or the first June 30 to occur after this section takes effect. Without in any way limiting the effect of the prior sentence, no assessment may be imposed or collected pursuant to this Division after the earlier of the first December 31 or the first June 30 to occur after this section takes effect.

C.The following sections are to be added as Division 28 of Article 1 of Chapter 6 of the San Diego Municipal Code, Tourismand Entertainment-Related Facilities and Infrastructure Protection and Improvement. §61.2801 Tourism- and EntertainmentRelated Facilities and Infrastructure Protection and Improvement (a) The purpose of this Division is to authorize structures, facilities, infrastructure, and land uses and to establish regulations that will broadly and collectively promote economically and environmentally sustainable tourism, in a responsible manner that minimizes the financial risk and maximizes the financial benefits for the City.

The purpose of this Division is also to serve the needs of tourists and residents alike, as part of a set of related reforms to the City’s overall management of its major tourism- and entertainment-related facilities and infrastructure (the other reforms being codified elsewhere in this Municipal Code). By way of example and not limitation, this Division will achieve its purposes by:

(1) Facilitating the creation, preservation, and enhancement of access to park and open space in Mission Valley and along the (b) Notwithstanding the tax imposed by Sec- Downtown San Diego Waterfront by limtions 35.0103, 35.0104, 35.0105, 35.0106, iting the City’s ability to grant subsidies, 35.0107, or 35.0108 and in addition while simultaneously creating incentives thereto, for the privilege of Occupancy in for public-private partnerships that beneany Hotel with at least 30 rooms available fit taxpayers, residents, and tourists. for Occupancy, any Recreational Vehicle Park, or any Campground, each Transient (2) Promoting efficiencies in the City’s is subject to and shall pay an additional tax tourism planning, management, and sales in the amount of 5%. and marketing, and ensuring that the City’s priorities for the financing and ad(c) Notwithstanding the tax imposed by Sec- ministration of major tourism- and entertions 35.0103, 35.0104, 35.0105, 35.0106, tainment-related facilities and infrastruc35.0107, or 35.0108 and in addition ture align with the City’s needs and fithereto, for the privilege of Occupancy in nancing capabilities. any Hotel with less than 30 rooms available for Occupancy, each Transient is (3) Updating and harmonizing existing subject to and shall pay an additional tax provisions of the Municipal Code that contribute to poor planning, managein the amount of 3.5%. ment, and sales and marketing of major (d) All revenues collected pursuant to the tourism- and entertainment-related faciltaxes imposed by the City under this sec- ities and infrastructure and impair the City’s tion shall be deposited in the General Fund ability to achieve its tourism goals in a way of the City and be used for general gov- that improves performance and economernmental purposes as the City Council may ic benefits for taxpayers. from time to time provide in accordance with the Charter of the City of San Diego §61.2802 Creation of Tourism-Financed and the City Council’s appropriation ordi- Improvement Districts; Incorporation nance. To this end, the tax imposed un- and Modification of Property and Busider this section is intended to be and shall ness Improvement District Law of 1994 be a general tax and not a special tax. (a) The purpose of this section is to allow §35.0121.5 Review of Records by City for the creation of tourism-financed imAuditor provement districts that will serve the needs To ensure that the City is collecting and ac- of tourists and residents alike. curately reporting and accounting for all (b) The Property and Business Improvement Transient Occupancy Tax amounts that are District Law of 1994 (“PBID Law”) is due, the City Auditor shall have the same hereby incorporated into this Division by refright as the City Treasurer to inspect erence but shall be subject to all of the modrecords and apply audit procedures under ifications and limitations provided in this Section 35.0121. It shall be unlawful for section, which shall themselves be conany person to refuse to allow or permit such strued liberally to achieve the purposes of audit to be conducted by the City Auditor this Division, and shall be further subject after a lawful demand therefor by the City to any and all other applicable legal reAuditor, even when the City Treasurer has quirements. not joined in or made the demand. (c) With respect to membership on the gov§35.0139 Sunset Provisions for Section erning body of the district, for each such 35.0128(a) district, the governing body of the owners’ (a) Section 35.0128(a) shall terminate, be association shall have at least one memrepealed, and have no further force or ef- ber who meets all of the following criteria: fect, and all legal authority, rights, and ob- (1) The member has been an auditor, forenligations conferred or imposed by Section sic accountant, certified public accountant, 35.0128(a) shall be deemed withdrawn in or attorney with finance experience for at their entirety, as of 11:59 p.m. on the ear- least five consecutive years prior to aplier of the first December 31 or the first June pointment to the governing body.

30 to occur after this section takes effect.

Without in any way limiting the effect of (2) The member has certified under penalthe prior sentence, the limitation on the use ty of perjury that not more than 10% of the of Transient Occupancy Tax imposed by value of his or her non-retirement investSection 35.0128 (a) shall have no force or ments during the preceding five years has effect after the earlier of the first Decem- been in one or more tourism-related busiber 31 or the first June 30 to occur after nesses. this section takes effect.

(3) The member has certified under penal(b) The sunset provisions contained in sub- ty of perjury that not more than 10% of his section (a) of this section have no force or or her gross income during the preceding effect on Section 35.0128(b)-(c) or on the five years has come from one or more imposition or continuation of a tax pursuant tourism-related businesses. to Section 35.0103. Sections 35.0103 and 35.0128(b)-(c) remain in full force and ef- (4) The member is recommended by the Mayor and approved by the City Council. fect. (c) Nothing in this section is intended to (d) For each such district, the governing eliminate or reduce any activity, program, body of the owners’ association shall or project previously funded from Transient have at least one member who meets all Occupancy Tax revenues subject to Sec- of the following criteria: tion 35.0128(a), including but not limited (1) The member is a member of a labor to arts and culture, capital improvements, union for at least one year prior to apeconomic development, safety and main- pointment to the governing body. tenance of visitor-related facilities, and ma(2) The member is recommended by the jor events.

Mayor and approved by the City Council.

B. The following section is to be added to, and inserted in numerical order into the ex- (e) Each owners’ association shall be isting provisions of, Division 25 of Article considered a private entity and may not be

considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose, except as follows:

(j) None of the improvements financed by such a district may include any portion of the acquisition (by purchase, lease, or otherwise), development, design, entitlement, construction, operation, or mainte(1) Each owners’ association shall be nance of an entertainment or professionconsidered a public entity for purposes of al sports facility. If the improvements fisatisfying any mitigation measures that may nanced by a district consist of any conbe required of a district, the owners’ as- vention center, exhibition, and meeting fasociation, or both pursuant to Section cilities described in Section 61.2804(b)(1) 61.2804(c)-(d). and are combined with any entertainment (2) The board members and staff shall be or professional sports facility, the increconsidered public officials for purposes of mental costs of acquisition, development, California Government Code Section 1090. design, entitlement, construction, operaHowever, no board member or staff is fi- tion, and maintenance exclusively attribnancially interested in any contract made utable to the portion of the combined faby him or her if the contract provides no cility added for entertainment- or profesgreater material benefit to the board sional sports-facility purposes shall be paid member or staff than it provides to any as- from sources other than district assessments or any proceeds from bonds issued sessee in the district. by the district.

(3) Each owners’ association shall be subject to and comply with any and all laws (k) Each of the property and business ownspecified in California Streets and Highways ers submitting the written petition for the creation of such a district shall be the holdCode Section 36612. er of a valid Transient Occupancy Regis(f) Not more than 90 days after the end of tration Certificate within the district. each such district’s fiscal year, the owners’ association shall file audited financial (l) “Improvement” as defined in the PBID statements for the ended year with the City Law may also include transportation inClerk. The audited financial statements frastructure that allows tourists to move beshall be accompanied by a certification from tween frequently visited destinations in the the chief financial officer or treasurer of the San Diego region (e.g., streetcar lines beowners’ association affirming under penal- tween Balboa Park and Downtown, an airty of perjury that no expenditure during the port intermodal transit center, and light-rail ended year was made for any purpose not extensions), as well as maintenance, reexplicitly authorized by the management pairs, restoration, or remodeling of touristdistrict plan and the annual report approved related facilities within the district’s physby the City Council for the ended year. The ical footprint.

City shall not release any assessments col- (m) The City’s total annual administrative lected for the district more than 90 days fee and other charges imposed on any such after the ended year unless and until the district and owners’ association may not audited financial statements and certifi- exceed 0.25% of the district assesscation required by this sub-section are filed ments remitted to the City. This limitation with the City Clerk. The audited financial may be increased each year based on any statements and certification shall be open adjustment of the “Consumer Price Index for inspection and copying by the public. for All Urban Consumers (CPI-U): U.S. city (g) No portion of the assessments collect- average, all items” on the first day of the ed for any such district may be used to pay fiscal year for which the charges are to be for or otherwise provide any form of “ac- imposed. tivities” as that term is used in the PBID (n) The fiscal year of such district and of the Law, including but not limited to any sales owners’ association shall at all times be the and marketing or promotion. same as the City’s fiscal year. (h) No portion of the assessments levied or (o) Nothing in this section imposes any limcollected for any such district may be used itations on such district’s ability to increase to pay for or otherwise provide any form assessments in order to secure adequate of acquisition (by purchase, lease, or oth- coverage for any debt it may incur. This inerwise), development, design, entitle- cludes but is not limited to assessments for ment, construction, operation, or mainte- funds used to make payments of preminance of any structure, facility, infrastruc- ums and other costs, fees, and expenses ture, or use in the coastal zone under ei- of an insurance policy or policies, for ther of the following circumstances: funds used to fund a cash, investment, or (1) The structure, facility, infrastructure, or other reserve or maintenance account or use in any way comprises or is intended accounts that are secured for the benefit to comprise an extension, expansion, an- of financing parties and for the payment of nex or other component or portion of the costs, fees, and expenses in connection San Diego Convention Center, or any ac- therewith, for funds used to make payments tivities undertaken there, beyond the phys- in respect of such other instrument or inical footprint of the Convention Center struc- struments as may be agreed with the fiture as it existed at 111 West Harbor Drive nancing parties, or any combination therein the City of San Diego on October 9, 2013; of, in each case for the purpose of satisfying any such coverage requirement. or (2) The purpose of the structure, facility, in- (p) Beginning in such district’s sixth fiscal frastructure, or use is to provide conven- year and continuing each fiscal year tion, exhibition, meeting, or banquet op- thereafter, the owners’ association shall proportunities like those provided at the Con- vide an annual written accounting of the amount of assessments received by the disvention Center. trict over the preceding five fiscal years and (i) For each such district, the owners’ as- the amount of such receipts that have acsociation shall at all times maintain an In- cumulated without being spent, encumternet Web site and promptly and con- bered, or set aside during that five-year pespicuously publish there all of the follow- riod for a future expenditure on one or more ing documents and other information: improvements authorized by the management district plan. The accounting shall (1) The agendas of the governing body and be filed with the City Clerk not more than any committees thereof, as if the owners’ 90 days after the end of the district’s fisassociation were a “local agency” and the cal year. The accounting shall be accomgoverning body and each committee were panied by a certification from the chief fia “legislative body” as those terms are used nancial officer or treasurer of the owners’ in California Government Code Section association affirming under penalty of 54954.2(d) (including its sub-parts). The perjury that the information contained in published agendas shall include any and the accounting is true and correct. The City all back-up materials distributed to one or shall not release any assessments collected more members of the governing body or for the district more than 90 days after the committee in connection with the meeting. ended year corresponding to the ac(2) The minutes of each meeting of the gov- counting unless and until the accounting erning body and any committees thereof. and certification required by this sub-secThe minutes shall include a copy of any tion are filed with the City Clerk. The acand all materials submitted to the body or counting and certification shall be open for committee in connection with the meeting, inspection and copying by the public. except for any records that were distrib- (q) Not more than 30 days after the acuted exclusively during an authorized counting and certification described in subclosed-session meeting of the governing section (p) of this section is filed with the body or that are exempt from disclosure un- City Clerk, the owners’ association shall reder the California Public Records Act. mit to the City any and all receipts described (3) A file-stamped copy of the audited fi- in sub-section (p) that have not been spent, nancial statements and certification re- encumbered, or set aside for a future exquired under sub-section (f) of this section. penditure authorized by the management district plan up to the total of all deductions (4) Any and all state and federal tax returns. that may have been taken from Transient (5) Each management district plan as de- Occupancy Tax remittances by one or more fined in the PBID Law. Operators under Section 61.2807(b) or (c).

This remittance constitutes the reim(6) Each fiscal year’s report as described bursement of unused incentives taken by in the PBID Law. Operators to undertake the improvements (7) For each fiscal year, the names, mail- in the management district plan; it does not ing addresses, phone number, e-mail ad- constitute a forfeiture, penalty, or any dress, and officer title (if any) for each mem- other loss of a vested right because the inber of the governing body of the owners’ centives would not have been authorized association and for any executive director in the absence of a reasonable expectaor other officer or committee member who tion that they would in fact be used for the is not a member of the governing body. purposes specified in the plan.

(8) Any and all resolutions or ordinances of (r) No portion of any of the assessments colthe City Council pertaining to the district. lected by such district may be used for any political purpose, including but not limited (9) Any and all contracts (including any to supporting or opposing any initiative, refamendments thereto or other modifications erendum, or other ballot measure, or thereof) between the City and the owners’ supporting or opposing any candidate for association. elective or other public office.

The maintenance of the Internet Web site for the purpose of providing public access (s) There shall be no limit on the number to the foregoing documents and other in- of such districts that may be created unformation shall not constitute sales and der this section. If any such districts are marketing or promotion prohibited under created: sub-section (e) of this section.

(1) The first district shall be known as the

“Downtown Tourism-Financed Infrastructure District.” Its geographic area shall encompass the entirety of the 92101 and 92134 ZIP codes, as well as that portion of the 92113 ZIP code lying north of the Coronado Bridge and west of Interstate 5.

(2) The second district shall be known as the “Suburban Tourism-Financed Infrastructure District.” Its geographic area shall encompass the entirety of the City except that portion encompassed by the Downtown Tourism-Financed Infrastructure District.

(3) More than one district may be created simultaneously.

The specification of the name and geographic area of any district is not intended to constitute the levy of any fee, charge, or other tax or assessment. (t) Any such district shall be entitled to borrow or loan money on commercially reasonable terms. (u) Nothing in this section is intended to require any expenditure of City funds for any particular purpose, including but not limited to any tourism-, convention-, or sports-related facility. §61.2803 Approval of Tourism-Financed Improvement Districts Except to the extent otherwise prohibited or required law: (a) The City Council shall ministerially approve the formation of any tourism-financed improvement district that meets the requirements of Section 61.2802, including any interim actions leading up to a final approval. (b) Final approval shall occur not more than 30 days after all legal prerequisites to final approval have been satisfied. (c) No interim action shall occur more than 30 days after all legal prerequisites for the interim action have been satisfied. (d) If the City Council fails to give any final approval or take any interim action within the time limits specified in this section, the matter shall be deemed approved or taken, as the case may be, by operation of law and without the need for further approval or action by the City Council. §61.2804 Creation of Downtown Convention and Entertainment Overlay Zone (a) The Downtown Convention and Entertainment Overlay Zone (“Overlay Zone”) is hereby created and made applicable to all parcels of real property lying north of Imperial Avenue, west of 17th Street, south of K Street, and east of Park Boulevard in the City of San Diego. (b) In addition to any other structures, facilities, infrastructure, or uses authorized by the Municipal Code and applicable landuse plans, and in accordance with all other applicable legal requirements, the structures, facilities, infrastructure, and uses authorized within the Overlay Zone shall include the following: (1) Convention center, exhibition, and meeting facilities; (2) Professional, semi-professional, collegiate, or recreational sports facilities; or (3) Any structures, facilities, or infrastructure that provide for one or more authorized uses, including a single structure or facility that combines one or more authorized uses. (c) Each and every project involving one or more structures, facilities, infrastructure, or uses authorized by this section shall comply with any and all mitigation, monitoring, and reporting requirements that would be required under the California Environmental Quality Act in the same manner and to the same extent as a project that is not exempt from environmental review under the Act. The mitigation measures shall include, at a minimum, all of the following: (1) Construction that satisfies the Leadership in Environmental and Energy Design (LEED) silver standard as of the effective date of this section, or the standard’s equivalent if approved by the U.S. Green Building Council, and a plan to reduce vehicle miles traveled to the project that includes incentives for the use of public transit.

(2) Compliance with all applicable federal, state, and local rules and regulations governing historical resources.

(3) The proponent or proponents of any project authorized by this section shall make to the San Diego Unified Port District a onetime payment of $15 million no later than one year after the issuance of any certificate of occupancy for the project, in exchange for the Port District’s binding legal commitment to match that payment with $35 million over a 30-year period. At least 90% of the total $50 million in funds shall be used exclusively for the development, design, entitlement, and construction of public park and recreational facilities to be included in Phase 2 of the Port District’s North Embarcadero Visionary Plan, and up to 10% of the total funds shall be used exclusively to enhance public access and activate public uses along the Downtown San Diego Waterfront adjacent to the San Diego Convention Center. The funds may not be used for any purpose not expressly authorized by this paragraph, and in particular may not be used to satisfy any of the Port District’s obligations under Section 1 of that certain Memorandum of Understanding commonly known as Port District

Document No. 57019 filed in the Office of the District Clerk on November 15, 2010, except that up to one-half of the proceeds may be used to acquire the real property described in Section 1(C) of the Memorandum of Understanding.

order to obtain a lower interest rate or other savings entirely applied to pay down the principal amount of the indebtedness. In refinancing, however, the City may not extend the term of any existing bonded indebtedness.

(4) The creation of a reserve fund sufficient to enable one public-agency recipient under Section 61.2806 to incur bonded indebtedness or other debt generating $5 million in principal proceeds based on a repayment period of not more than 30 years to be used exclusively by the recipient for the development, design, entitlement, and construction of the Urban Rivers Scientific Interpretive Center specified in Section 61.2806(a)(1)(i). After such debt is incurred, at the beginning of each of its fiscal years, the public-agency recipient shall be entitled to an advance from the reserve fund in an amount equal to the recipient’s actual out-of-pocket debt service for that fiscal year. The public-agency recipient’s request for an advance shall be made in writing and certify under penalty of perjury that the advance will be applied only toward the debt service. The proceeds from the debt may not be used for any purpose not expressly authorized by this paragraph. Upon the full payment and discharge of the debt, including all principal and interest thereon, any funds remaining in such reserve fund shall be promptly paid to the publicagency recipient, to be used solely for the purposes prescribed in this paragraph.

§61.2806 Protection and Enhancement of Mission Valley Options for Shared Visitor and Resident Use Including EcoTourism, Higher Education, Environmental Science, and Professional and Collegiate Sports

Each of the measures required by this subsection (c) is necessary to mitigate the potentially significant impacts of the projects contemplated by this section. However, the mitigation measure required by sub-section (c)(4) of this section serves to mitigate some of the potentially significant impacts of these projects as well as some of the potentially significant impacts of the activities contemplated by Section 61.2806(a)(1)(iv), which are themselves the result of moving development intensities between Mission Valley and Downtown San Diego in order to maximize economic benefits while minimizing environmental harm. (d) The mitigation required by sub-section (c) of this section shall be completed, or if not capable of being completed for nonfinancial reasons shall at least be legally enforceable by any member of the public, no later than the first issuance of any certificate of occupancy for the project in the case of sub-sections (c)(1)-(2), and no later than one year after the first issuance of any certificate of occupancy for the project in the case of sub-sections (c)(3)-(4).

Except as otherwise required by subsection (c), any project described in subsections (b)(1)-(3) of this section shall be exempt from the California Environmental Quality Act. (e) The City shall provide the public with an opportunity to review and comment on any proposed mitigation, monitoring, and reporting requirements under sub-sections (c) and (d) of this section and shall adopt the requirements at a public hearing noticed in accordance with the Land Development Code’s requirements for Process Five decisions. (f) Nothing in this Division affects any vested rights in existence when this section takes effect. Minor modifications to any such vested rights may be processed ministerially, or otherwise in accordance with Process One of the Land Development Code. (g) Nothing in this section is intended to diminish the parking rights acquired by the San Diego Padres with respect to Tailgate Park. §61.2805Protection of Open Space, Public Access, and Other Tourism-Related and -Frequented Facilities on Downtown San Diego Waterfront (a) The City shall not, seek the approval of, operate, lease, own, loan money to or for, financially support, or otherwise directly or indirectly participate, whether through a joint powers authority or otherwise, in any form of acquisition, development, design, entitlement, construction, operation, or maintenance of any structure, facility, infrastructure, or use in the coastal zone that in any way comprises or is intended to comprise an extension, expansion, annex or other component or portion of the San Diego Convention Center beyond the physical footprint of the Convention Center structure as it existed at 111 West Harbor Drive in the City of San Diego immediately prior to the California Coastal Commission’s approval of San Diego Unified Port District’s Port Master Plan Amendment No. 6-PSDMAJ-45-13 (Port District Master Plan Amendment no. 45) on October 10, 2013. (b) Nothing in sub-section (a) of this section is intended to apply to any structure, facility, infrastructure, or use in the coastal zone that is not contiguous to the San Diego Convention Center as described in sub-section (a) or that is not authorized by the Port Master Plan Amendment identified in subsection (a); or intended to apply to the City’s liability for deferred maintenance of the existing Convention Center as of the effective date of this section. (c) Nothing in this Division prevents the City from seeking the qualified electors’ approval of a future expansion of the San Diego Convention Center in the coastal zone. (d) The City may refinance any bonded indebtedness it has incurred in connection with the San Diego Convention Center in

room and administrative buildings, campus-serving commercial buildings, research and development facilities, and intramural and interscholastic sports facilities, such as a stadium for football, soccer, or both (not in excess 40,000 seats).

Nothing in this paragraph precludes shared university and other public uses of any facility constructed on the site.

(v) For purposes of the California Environmental Quality Act, the preservation, enhancement, and access measures described in sub-sections (a)(1)(i)-(iii) of this (a) As home to the primary stadium of the section shall be treated as components of San Diego Chargers, Qualcomm Stadium any necessary mitigation for the impacts in Mission Valley is both a source of civic of the development described in sub-secpride and an attraction to tourists. The ap- tion (a)(1)(iv) of this section and Section proximately 166-acre site also has high 61.2804. In addition, the measures deecological value in a high-density area of scribed in sub-sections (a)(1)(i)-(iii) and the the City that includes numerous existing ho- limitations on the development described tels and other hospitality infrastructure (in- in sub-section (a)(1)(iv) are necessary to cluding public transportation) in close protect the Pacific Ocean from pollution and proximity to the site. As a result, the site other harmful contaminants that are carprovides the City and the public with the ried from the site to the San Diego River opportunity to allow for future development and then discharged into the Pacific that combines environmental preservation, Ocean. education, eco-tourism, recreation, and other compatible public uses that together (2) The City may reserve for itself, through maximize the tourism and public benefit of easements or as it otherwise deems necand access to this land. In furtherance of essary or appropriate, any and all rights and the foregoing, if at any time the Qualcomm privileges necessary or convenient to the Stadium site ceases to serve as the loca- City in carrying out any of its municipal function of the home stadium for the Chargers tions on or through the site, including but or another National Football League fran- not limited to groundwater rights. chise, then the City is authorized to sell the approximately 166-acre site directly, or in- (3) In order to prevent real-estate specudirectly through structured conduit trans- lation, the total sale price of the site shall actions, to San Diego State University, the under no circumstances be lower than the University of California at San Diego, the San fair-market value of the property as deDiego River Conservancy, any San Diego termined by any appraisal report submitCommunity College, or any combination of ted to the City between January 1, 2015 such public agencies (collectively, “Qual- and August 1, 2015. ified Recipient”), subject to all of the following conditions, limitations, and proce- (4) The Qualified Recipient of the property shall provide written confirmation to the dures: City, prior to the transfer’s completion, that (1) The instruments for the final transfer of the Qualified Recipient is ready, willing, and possession, ownership, or use of the site able to receive the property immediately to the Qualified Recipient shall include such upon the transfer’s closing and subject to use restrictions and covenants running with all other conditions imposed by this secthe land, for the benefit of the City, that are tion. The deeds, covenants, and other innecessary to ensure that all requirements struments necessary to transfer possesof this section are satisfied. The transfer sion, ownership, or use of the property from instruments, including all required re- the City to the Qualified Recipient shall be strictions and covenants, shall be made recorded in the San Diego County available for public inspection at least 30 Recorder’s Office. days prior to their execution by the City. At a minimum, the restrictions and covenants (5) All development of the site shall be consistent, to the extent practicable, with the shall ensure the following: goal of creating a fully walkable, bikeable, (i) The portion of the site (approximately 28 transit-oriented site that serves members acres) proximate to the San Diego River and of the university community, tourists, and bordered generally on the north by the el- City residents alike. To the extent practievated trolley line shall be reserved ex- cable, all structures on the site shall emclusively in perpetuity for restoration of that ploy photovoltaic or next-generation resegment of the River in accordance with newable-energy technology in order to genthe San Diego River Conservancy’s Strate- erate electricity for on-site use. gic Plan Update 2012-2017 and other planning documents applicable to the Con- (6) All financing for the development of the servancy. A portion of the site in reason- site under this sub-section (a) shall be the able proximity to the existing trolley station responsibility of the Qualified Recipient, and on the site shall also be reserved exclusively nothing in this section is intended to limand in perpetuity for and developed as an it the financing mechanisms available to Urban Rivers Scientific Interpretive Center, the Qualified Recipient. However, nothing to be operated by the Qualified Recipient in this section authorizes the City to expend as a center for eco-tourism, teaching, pub- any funds or other resources for any purlic education, and scientific research, in- pose, activity, or use authorized by this seccluding the monitoring of the River from its tion except for the limited purpose of assource to the Pacific Ocean. The require- sisting in the achievement of the goal specments of this paragraph shall be satisfied ified in sub-section (a)(5) of this section. at the same time as or before the re- (7) The City shall comply with all other laws quirements of sub-section (a)(1)(iv) of this applicable to the sale. section are satisfied, but in any event not more than five years after the first trans- (8) The sale and development of the site fer of ownership. contemplated by this sub-section (a) shall not be exempt from the California Envi(ii) Separate from and in addition to the por- ronmental Quality Act. tion of the site reserved in sub-section (a)(1)(i) of this section, at least 22 acres of (9) All proceeds received by the City from the site shall be reserved exclusively in per- the sale contemplated by this sub-section petuity for and developed and maintained (a) shall be allocated and deposited as reas active recreational space, to be desig- quired by law. It is the sense of the qualnated for shared use by all members of the ified electors, in enacting sub-section (a), public, including tourists, and not merely that any and all proceeds that may be lawuniversity-affiliated persons. This portion fully directed to the City’s Infrastructure Imof the site shall be located in reasonably provement Fund should be used for the purclose proximity to the existing trolley sta- poses of the Fund. tion in order to encourage the use of pub- (10) The conditions, limitations, and prolic transit. The requirements of this para- cedures prescribed throughout this subgraph shall be satisfied at the same time section (a) are intended to expedite the as or before the requirements of sub-sec- process of transferring possession, owntion (a)(1)(iv) of this section are satisfied, ership, or use of the Qualcomm Stadium but in any event not more than five years site to the Qualified Recipient for the purafter the first transfer of ownership. The poses set forth in sub-section (a). Such pursite’s planners and designers shall use their poses constitute bona fide governmental best efforts to maximize shared-use recre- purposes under City Charter Section 221. ational space. At least one-third of the por- Furthermore, to the extent that the sale or tion of the site described in this paragraph development authorized by this section conshall be recreational use that is open to the stitutes a sale or exchange that requires ratpublic and not subject to reservation for or- ification of the electors under Section ganized university use.

221, the enactment of this section is in(iii) To the extent practicable, there shall be tended to constitute the requisite ratificaan 8- to 10-foot-wide continuous walking tion. and biking path or trail incorporating the (11) As used in this sub-section (a), “Qualentire site. There shall be sufficient paths ified Recipient” also includes San Diego or trails connecting the portions of the site State University, the University of Califordescribed in sub-section (a)(1)(i) of this sec- nia at San Diego, the San Diego River Contion to the portions of the site described in servancy, any San Diego Community Colsub-section (a)(1)(ii) of this section to en- lege, or any combination of such public sure active use of both portions. The re- agencies, any private party (including but quirements of this paragraph shall be sat- not limited to for-profit and non-profit isfied at the same time as or before the re- entities), or any combination of the forequirements of sub-section (a)(1)(iv) of this going that seeks to obtain the approximately section are satisfied, but in any event not 166-acre site for the purpose of obtaining more than five years after the first trans- the entitlements to carry out the design, defer of ownership. That portion of the path velopment, financing, construction, operand trail passing through the area described ation, and maintenance of the site in acin sub-section (a)(1)(ii) of this section may cordance with the conditions, limitations, be counted toward satisfying the size re- procedures, and other requirements and quirement of that area. intended uses set forth in sub-section (a) (iv) The portion of the site not covered by and to subsequently provide for possession, sub-sections (a)(1)(i)-(iii) of this section shall ownership, use, or other control of all or porbe reserved exclusively and in perpetuity tions of the site to one or more of the aforefor and developed as university-related fa- mentioned public agencies as necessary cilities to support university uses and ac- to satisfy such requirements and intendtivities (e.g., hospitality education or envi- ed uses; “San Diego State University” inronmental research), including but not lim- cludes any and all of the SDSU auxiliary orited to student and faculty housing, class- ganizations and foundations, and the

Trustees of the California State University acting for the benefit of SDSU; “University of California at San Diego” includes any and all of the UCSD auxiliary organizations and foundations, and the Regents of the University of California acting for the benefit of UCSD; “San Diego Community College” includes any and all community colleges located in the City of San Diego and each college’s board of trustees acting for the college’s benefit; and “San Diego Chargers” and “Chargers” include any successor in interest. (b) Except as provided in sub-section (c) of this section, nothing in this Division is intended (i) to affect the project that is within the scope of that certain Draft Environmental Impact Report for the Qualcomm Stadium Reconstruction Project (City of San Diego Project No. 437916; State Clearinghouse No. 2015061061); (ii) to exempt the project that is the subject of the Draft Environmental Impact Report from the California Environmental Quality Act; (iii) as a vote of the qualified electors to authorize or endorse any expenditure of public funds for the project that is the subject of the Draft Environmental Impact Report or to otherwise affect the spending authority of the City with regard to such an expenditure; or (iv) as a vote of the qualified electors to authorize or endorse any sale or other disposition of the Qualcomm Stadium site other than what is described in sub-section (a) of this section. (c) Because of the extraordinary environmental benefits of protecting the San Diego River as a tributary to the Pacific Ocean, enhancing public access to the River, creating recreational and environmental opportunities for tourists and residents along the River, improving water quality, and creating important open space in Mission Valley, and because Qualcomm Stadium has operated in Mission Valley for decades and the operation of a new stadium would have fewer adverse environmental impacts than the existing stadium, the project described in that certain Draft Environmental Impact Report identified in sub-section (b) of this section shall be exempt from the California Environmental Quality Act if all of the following conditions are satisfied:

strued as prohibiting the City from making any real property it owns or controls within the Overlay Zone available on terms that the City deems reasonable in order to facilitate any development, design, entitlement, construction, operation, or maintenance of any structure, facility, infrastructure, or use described in Section 61.2804(b)(1) or (b)(3) or any activity or service in furtherance thereof, or in furtherance of the public’s interest in maximizing the City’s Transient Occupancy Tax revenues including, without reservation, the capture and use of Transient Occupancy Tax increment generated from new construction projects. Any assistance provided by the City pursuant to this paragraph shall comply with all other applicable legal requirements.

Further, nothing in this sub-section (a) shall apply to a project on a parcel within the geographic boundaries of the Overlay Zone that received any land-use approval before this Division takes effect.

It is the sense of the qualified electors that the highest and best use of land within the Overlay Zone is an off-waterfront expansion of the San Diego Convention Center. (b) Any Operator of a Hotel who pays an assessment to the Downtown Tourism-Financed Improvement District created in accordance with the requirements of Section 61.2802 may, in the Operator’s sole discretion, deduct from the Transient Occupancy Tax remitted to the City by the Operator pursuant to Division 1 of Article 5 of Chapter 3 of this Municipal Code a portion of the assessment paid by the Operator to the district, subject to all of the following procedures and limitations: (1) The deduction from the Transient Occupancy Tax remittance may be taken no sooner than when the Operator remits its assessment for the district and only to the extent of the assessment amount being paid with the remittance.

(2) Regardless of how frequently an Operator remits Transient Occupancy Tax, under no circumstances may the deduction from any remittance exceed the total amount of the assessment actually paid by the Operator during the remittance period or the deduction ceiling for that period, (1) The City Council certifies a final version whichever is less. As used in this sub-secof the Draft Environmental Impact Report, tion (b)(2), “deduction ceiling” means the and no aspect of the scope of the project product of the total Rent subject to Tranunder the final certified version in any way sient Occupancy Tax during the remittance exceeds the scope of the project as de- period multiplied by 2%. scribed in the Draft Environmental Impact Report, including but not limited to the pro- For example, assuming that the total Rent during the remittance period is $100, the ject’s size, facilities, and use. deduction ceiling described in this sub-sec(2) The final certified version of the Draft tion would be represented by the followEnvironmental Impact Report contains at ing formula: $100 * 0.02 = $2. least the same mitigation measures that are specified in the Draft Environmental Im- (c) Any Operator of a Hotel who pays an aspact Report and a requirement that all de- sessment to the Suburban Tourism-Fivelopment of the site be consistent with en- nanced Improvement District created in acsuring adequate and appropriately man- cordance with the requirements of Section aged riparian buffers for protecting ripar- 61.2802 may, in the Operator’s sole disian habitat of the San Diego River and Mur- cretion, deduct from the Transient Occupancy Tax remitted to the City by the Opphy Canyon Creek corridors.

(3) None of the mitigation measures in the erator pursuant to Division 1 of Article 5 of final certified version of the Draft Environ- Chapter 3 of this Municipal Code a portion mental Impact Report is less stringent than of the assessment paid by the Operator to the mitigation measures that are specified the district, subject to all of the following in the Draft Environmental Impact Report, procedures and limitations: and all of the mitigation measures in the final certified version are adopted to the (1) The deduction from the Transient Ocsame extent as, and enforceable in the cupancy Tax remittance may be taken no same manner as, mitigation measures for sooner than when the Operator remits its the project as if it were not exempt from assessment for the district and only to the the California Environmental Quality Act. extent of the assessment amount being paid with the remittance.

(4) No later than the time when the City Council certifies the final version of the Draft (2) Regardless of how frequently an OpEnvironmental Impact Report, the City erator remits Transient Occupancy Tax, unhas made a binding legal commitment to der no circumstances may the deduction develop the remainder of the Qualcomm from any remittance exceed the total Stadium site in accordance with sub-sec- amount of the assessment actually paid by the Operator during the remittance period tion (a) of this section. or the deduction ceiling for that period, (5) The project fully complies with the Jobs whichever is less. As used in this sub-secand Economic Improvement Through En- tion (c)(2), “deduction ceiling” means the vironmental Leadership Act of 2011 as it product of the total Rent subject to Tranexisted on October 26, 2015, including but sient Occupancy Tax during the remittance not limited to satisfying the California period multiplied by the actual rate of asLegislature’s finding and declaration in Pub- sessment up to 2%. lic Resources Code Section 21178(e) that the project does not require any taxpayer For example, assuming that the total Rent financing by or from any public agency, in- during the remittance period is $100, and that the actual rate of assessment is cluding but not limited to the City.

1.5%, the deduction ceiling described in this If the City fails to satisfy each of the fore- sub-section would be represented by the going conditions, then sub-section (b) following formula: $100 * 0.015 = $1.50. shall continue to apply and the City may proceed with the project but without the ex- (3) The other provisions of this sub-section emption provided by this sub-section (c). (c) notwithstanding, no deduction may be taken if the Operator is not being assessed §61.2807 Financial Incentives and Con- by the district (i) at the rate of not more than ditions for Tourism-Related Facilities and 0.25% for the maintenance, repair, restoration, or remodeling of the San Diego ConInfrastructure vention Center within its existing physical (a) Except as expressly authorized in sub- footprint in the coastal zone; and (ii) at the sections (b)-(d) of this section, the City shall additional rate of at least 0.25% for the acnot directly or indirectly provide any form quisition, development, design, entitlement, or manner of financial support, lend its cred- construction, operation, and maintenance it, pledge anything of value, allow any pub- of the structures, facilities, infrastructure, lic asset to be used for less than fair-mar- and uses necessary for an expansion of the ket value as determined by an independ- San Diego Convention Center in the Overent fee appraiser, or otherwise make any lay Zone. kind of expenditure or commitment for a future expenditure that would in any way (d) Any Operator of a Hotel who pays an assessment to a tourism marketing district facilitate either of the following: that is not operating under the San Diego (1) The development, design, entitlement, Tourism Marketing District Procedural Orconstruction, operation, or maintenance of dinance as codified in Division 25 of Artiany structure, facility, infrastructure, or use cle 1 of Chapter 6 of this Municipal Code described in Section 61.2804(b)(1)-(3); or at the time this section takes effect may, (2) Any activity or service in furtherance of in the Operator’s sole discretion, deduct any structure, facility, infrastructure, or use from the Transient Occupancy Tax remitdescribed in Section 61.2804(b)(1)-(3) ted to the City by the Operator pursuant to other than public activities and services Division 1 of Article 5 of Chapter 3 of this generally made available throughout the Municipal Code a portion of the assessment City to the public at large, such as police, paid by the Operator to the tourism marfire protection, water, and sewer service. keting district, subject to all of the following procedures and limitations: Nothing in this sub-section (a) shall be con- (1) The deduction from the Transient Oc-

cupancy Tax remittance may be taken no sooner than when the Operator remits its assessment for the district and only to the extent of the assessment amount being paid with the remittance.

agreement with the City, or change the nature of the relationship between the City and the contractor under the agreement.

(4) The City, the contractor, or both may enter into any other agreement with any third (2) Regardless of how frequently an Op- party for the purpose of generating aserator remits Transient Occupancy Tax, un- sessments or other revenues that can be der no circumstances may the deduction used by the contractor to promote the City from any remittance exceed the total as a tourist destination or to compensate amount of the assessment actually paid by the contractor for its services under the the Operator during the remittance period management agreement with the City, proor the deduction ceiling for that period, vided that there is no cost to the City bewhichever is less. As used in this sub-sec- yond that authorized by sub-section (b)(3) tion (d)(2), “deduction ceiling” means the of this section. Nothing in this paragraph product of the total Rent subject to Tran- relieves the City of its obligation to comsient Occupancy Tax during the remittance ply with all applicable laws if its involveperiod multiplied by 0.55% in the case of ment is required for the generation of such a Hotel with less than 30 rooms available assessments or revenues. for Occupancy, or by 2% in the case of a Hotel with at least 30 rooms available for (5) The contractor’s governing body shall have at least one member who meets all Occupancy. of the following criteria: For example, assuming that the total Rent during the remittance period is $100 for an (i) The member has been an auditor, Operator of a Hotel with at least 30 rooms, forensic accountant, certified public acthe deduction ceiling described in this sub- countant, or attorney with finance experisection would be represented by the fol- ence for at least five consecutive years prior to appointment to the governing body. lowing formula: $100 * 0.02 = $2.

As a further example, assuming that the to- (ii) The member has certified under penaltal Rent during the remittance period is ty of perjury that not more than 10% of the $100 for an Operator of a Hotel with less value of his or her non-retirement investthan 30 rooms, the deduction ceiling de- ments during the preceding five years has scribed in this sub-section would be rep- been in one or more tourism-related busiresented by the following formula: $100 * nesses.

0.0055 = $0.55. (iii) The member has certified under penal(e) Sub-sections (b)-(d) of this section shall ty of perjury that not more than 10% of his have no force or effect while Section or her gross income during the preceding 35.0128(a) of this Municipal Code remains five years has come from one or more tourism-related businesses. in force and effect. §61.2808 Governance of Tourism Sales (iv) The member is recommended by the and Marketing and Convention Center Mayor and approved by the City Council.

Bookings; Withdrawal of Authority to (6) The contractor’s governing body shall Outsource Governance and Bookings; have at least one member who meets all Alternative Financing for Off-Waterfront of the following criteria: Convention Center Expansion (i) The member is a member of a labor (a) In order to maximize the City’s Transient union for at least one year prior to apOccupancy Tax revenues, as well as opti- pointment to the governing body. mize the planning and budgeting process for tourism- and entertainment-related fa- (ii) The member is recommended by the cilities and infrastructure, it is the sense of Mayor and approved by the City Council. the qualified electors that the City shall take all reasonable steps to consolidate City- (7) The management agreement may not wide tourism and San Diego Convention contain any term or provision that is inCenter management, sales and marketing, consistent with this section, but it may conand bookings. tain any other term or provision that is consistent with this section and that the City (b) The City may enter into a management deems necessary or appropriate. agreement with a private contractor to manage and oversee the operations and (8) The contractor may be, but is not remaintenance of the San Diego Convention quired to be, a tourism-financed imCenter, including any related facility outside provement district created and approved the coastal zone. Any such agreement shall under Sections 61.2802 and 61.2803; or be subject to the following procedures and a tourism marketing district that is operlimitations: ating under a legal authority other than the San Diego Tourism Marketing District Pro(1) The management agreement shall cedural Ordinance as codified in Division give the contractor responsibility for all 25 of Article 1 of Chapter 6 of this Municshort-term and long-term bookings at ipal Code at the time this section takes efthe Convention Center and any related fa- fect. cility under the City’s control immediately prior to the making of the agreement. (9) The contractor’s governing board shall be subject to the Ralph M. Brown Act, and (2) The management agreement shall re- the contractor shall be subject to the Calquire the contractor to assume all liabili- ifornia Public Records Act, for all purposties, debts, and other contractual obliga- es related to the management agreement. tions, and other obligations of the City, the San Diego Convention Center Corporation, (10) A fiduciary relationship between the and the Convention Center Expansion Fi- contractor and the City under the mannancing Authority in existence at the time agement agreement is created by this secthe agreement between the City and the tion, with the contractor being required to contractor is made, including but not lim- act as a fiduciary toward the City and over ited to deferred maintenance and current all of the assets, operations, and other submaintenance, labor and employment ject matter of the agreement. This relaagreements, booking commitments, and tionship includes but is not limited to the lease agreements; except that the con- contractor’s obligation to maximize the City’s tractor need not assume, and the City shall return on the assets, operations, and othretain, the City’s debt-service obligations er subject matter of the management under any indentures and related con- agreement. Any management agreetractual obligations for bonded indebted- ment under which the contractor is not ness related to the Convention Center. Ex- deemed to be a fiduciary shall be void ab cept as expressly permitted in the preceding initio. sentence, the contractor may not assume less than all such liabilities, debts, con- (11) The annual certification required untractual obligations, and other obligations. der sub-section (b)(2) of this section shall Prior to the City’s approval of the man- include all of the following information: agement agreement, the contractor shall (i) The City’s total Transient Occupancy Tax submit a detailed written plan specifying revenues during the recently completed fishow and when each assumed obligation cal year that were directly attributable to will be satisfied. The plan shall ensure that events taking place at the San Diego Conall obligations that were not satisfied by the vention Center during that fiscal year.

City prior to its approval of the management agreement, and all obligations that must (ii) The City’s total expenditures related to be satisfied by the City during the term of the San Diego Convention Center during the the management agreement but are be- recently completed fiscal year. ing assumed by the contractor, are satisfied by the contractor in a timely manner (12) If any labor agreement expires and the and in any event no later than the end of parties reach an impasse in attempting to the term of the management agreement. renegotiate, extend, amend, or otherwise Not more than 90 days after the end of each modify that agreement, the matter shall be fiscal year of the contractor, the contrac- submitted to binding arbitration. tor’s chief executive officer or president shall certify under penalty of perjury that the con- (c) The City shall have no authority to entractor satisfied all obligations that were re- ter into a management agreement as dequired to be satisfied according to the plan scribed in sub-section (b) of this section or during the ended fiscal year. The annual any other agreement with a private concertification shall include the information tractor concerning the management of or required by sub-sections (b)(11)(i)-(ii) of this bookings at the San Diego Convention Censection. The City shall not make any pay- ter, unless and until the following condition ment to the contractor, including any re- is satisfied: imbursement, more than 90 days after the (1) A tourism-financed improvement disend of the contractor’s fiscal year unless trict has been created and approved unand until the City receives the certification der Sections 61.2802 and 61.2803 exrequired by this sub-section. clusively for the acquisition, development, (3) The City may not compensate the con- design, entitlement, construction, operatractor or provide any direct or indirect fi- tion, and maintenance of the structures, fanancial support of any kind to the contractor cilities, infrastructure, and uses necessary in connection with the management agree- for an expansion of the San Diego Conment, except as expressly authorized by vention Center in the Overlay Zone with a sub-section (b)(4) of this section. The con- size deemed appropriate by the City, and tractor may hire a fee-for-service manager all required maintenance, for a period of opto carry out the contractor’s obligations un- eration not less than 20 years. der the management agreement, at no cost (d) If the condition described in sub-secto the City. The contractor’s decision to hire tion (c) of this section is not satisfied by the such a manager shall not relieve the con- last day of the sixtieth calendar month aftractor of its obligations to ensure the per- ter this section takes effect, then all of the formance required by the management following shall apply:

sients shall be used for promoting the City of San Diego, including the planning, construction, maintenance and operation of tourist– related cultural, recreational and convention facilities, as more particularly set forth in Chapter 3, Article 5, Division 1, and for those additional general governmental purposes as more particularly set forth in Chapter 3, Article 5, Division 1, as the City Council may from time to time provide in accordance with the Charter of the City and the City Council’s appropriation or§61.2809 Definitions dinance. (a) As used in this Division, “coastal zone” Nothing in this Ordinance is intended to con- Section 35.0102 Definitions means the geographical area defined by flict with any requirement, prohibition, or The following definitions are applicable to California Public Resources Code Section other provision of the San Diego City Chapter 3, Article 5, Division 1: 30103 (and any regulations thereunder), re- Charter, the California Constitution, or any “Campground” means any park or real gardless of whether the City has land-use other controlling legal authority. Con- property where a Person may locate a tent, or other regulatory authority within the area. structions of this Ordinance that give rise trailer, tent trailer, pick-up, camper, or other similar temporary structure for the (b) As used in this Division, “City” shall in- to such a conflict shall be avoided to the purposes of lodging, dwelling, or sleeping, maximum extent permitted by law. clude any and all departments, agencies, whether or not water, electricity, or saniand offices of the City, and shall also include Part 7. Resolution of Conflicting Provi- tary facilities are provide. each and every discretely presented com- sions in Other Measures “Collected” means the time at which the ponent unit, blended component unit, or Rent is earned if an Operator uses the acother component unit of the City as iden- In the event that this Ordinance and another crual basis of accounting, or the time at tified in the Comprehensive Annual Financial ordinance or ordinances relating to one or which Rent is received if an Operator uses Report for the City of San Diego for Fiscal more portions of the subject matter of this the cash basis of accounting.

Year Ended June 30, 2014, and each and Ordinance pass at the same election, but “Hotel” means any structure or any porevery component unit of any kind that may this Ordinance receives a greater number tion of any structure which is occupied, or be included in a future Comprehensive An- of affirmative votes, it is the intent of the intended or designed for Occupancy, by nual Financial Report for the City of San People of the City of San Diego that the pro- Transients for dwelling, lodging, or sleepDiego. visions of this Ordinance shall prevail in their ing purposes, and is held out as such to the entirety and the provisions of all other re- public. “Hotel” does not mean any hospi(c) As used in Section 61.2808, “private lated ordinances shall be null and void. tal, convalescent home, or sanitarium. contractor” means an entity that is not a “Occupancy” means the use or possession, discretely presented component unit, The other provisions of law notwithstand- or the right to the use or possession, of any blended component unit, or other com- ing, in the event that this Ordinance and an- room, or portion thereof, in any Hotel, or ponent unit of the City as identified in the other ordinance or ordinances relating to space in a Recreational Vehicle Park, or Comprehensive Annual Financial Report for one or more portions of the subject mat- Campground for dwelling, lodging, or the City of San Diego for Fiscal Year End- ter of this Ordinance pass at the same elec- sleeping purposes. ed June 30, 2014. tion, but such other ordinance or ordinances “Operator” means the Person who is the receive a greater number of affirmative (d) As used in this Municipal Code, “inde- votes, it is the intention of the People of the proprietor of the Hotel, Recreational Vehipendent fee appraiser” means an appraiser City of San Diego that the provisions of this cle Park, or Campground, whether in the who is selected for the assignment sole- Ordinance shall also take effect to the ex- capacity of owner, lessee, sublessee, ly by the City, and who certifies in writing tent that they are not in direct conflict with mortgagee in possession, licensee, or under penalty of perjury and based on per- the provisions of such other ordinance or any other capacity. “Operator” includes a managing agent, a resident manager, or a sonal knowledge that he or she has had ordinances. resident agent, of any type or character, othno financial relationship of any kind with er than an employee without management any party to the proposed transaction oth- Part 8. Defending the Ordinance responsibility. er than the City within a one-year period prior to being selected by the City for the In the event that the City declines to defend “Recreational Vehicle” means any pasor declines to appeal an adverse judgment senger vehicle, house car, trailer coach, assignment. against the Ordinance, it is the intent of the camper, or camper trailer, as defined in Cal(e) As used in Sections 61.2802 and People of the City of San Diego to grant for- ifornia Vehicle Code sections 242, 243, 362, 61.2807, “Operator” and “Hotel” have the mal legal authority to the Ordinance’s 465, 635, or California Health and Safety same meanings that they have under Sec- proponents or any of their designees to de- Code section 18010. tion 35.0102 of this Municipal Code. fend this Ordinance, either by intervening “Recreational Vehicle Park” means any park in or by defending the Ordinance on behalf or location where a Recreational Vehicle (f) As used in this Division, “project” has the of the People and the City in a legal pro- may be parked for the purposes of lodgsame meaning that it has under California ceeding, because the proponents of this Or- ing, dwelling, or sleeping, whether or not Public Resources Code Section 21065. dinance have a direct and personal stake water, electricity, or sanitary hookup facilities are provided. A “Recreational Vehicle (g) As used in this Division, “qualified elec- in defending this Ordinance. tors” has the same meaning that it has un- In the event that a proponent or a propo- Park” may include a Campground.

“Rent” means the total consideration der San Diego City Charter Section 6. nent’s designee is defending this Ordinance charged to a Transient as shown on the in a legal proceeding because the City has (h) As used in this Division, “California Pubguest receipt for the Occupancy of a lic Records Act” refers to the California Pub- declined to defend it or declined to appeal room, or portion thereof, in a Hotel, or a an adverse judgment against it, the prolic Record Act, California Government space in a Recreational Vehicle Park or ponent or the proponent’s designee shall: Campground. “Rent” includes charges for Code Section 6250 et seq.

(1) act as agents of the People of the City utility and sewer hookups, equipment, (such (i) As used in this Division, “Ralph M. Brown of San Diego who approved this Ordinance as rollaway beds, cribs and television Act” refers to the Ralph M. Brown Act, Cal- and the City; (2) enjoy and be subject to all sets, and similar items), and in-room ifornia Government Code Section 54950 et ethical, legal, and fiduciary rights and services (such as movies and other servseq. duties applicable to agents of the People ices not subject to California taxes), valued and the City in such legal proceedings; and (j) As used in this Division, “California En- (3) take or be subject to the Oath of Office in money, whether received or to be revironmental Quality Act” refers to the Cal- prescribed by Section 211 of the San Diego ceived in money, goods, labor, or otherwise. ifornia Environmental Quality Act, Califor- City Charter for the limited purpose of act- “Rent” includes all receipts, cash, credits, nia Public Resources Code Section 21000 ing on behalf of the People and the City in property, and services of any kind or nature without any deduction therefrom. et seq. such legal proceeding.

“Successor to Operator” means any per(k) As used in Section 61.2802, “Transient No action to challenge the validity of any son who acquires the right to operate a hoOccupancy Registration Certificate” has the portion of this Ordinance shall be main- tel, recreational vehicle park, or campsame meaning that it has under Section tained unless such action is commenced ground from a predecessor Operator, di35.0113 of this Municipal Code. within 90 days after the Ordinance takes rectly or indirectly, by whatever means, ineffect. In the event of such a challenge, the cluding purchase, foreclosure, operation of (l) As used in Section 61.2807(b)-(d), summons and complaint shall be served, lease, or other means. A transfer of an own“Rent” has the same meaning that it has as required by law, on the City and on the ership or management interest in a hotel, under Section 35.0102 of this Municipal proponent of this Ordinance not more than recreational vehicle park, or campground Code.

30 days after the challenge is com- wherein the facility continues to operate as such, either continuously or for business (m) As used in this Division, “Property and menced. The court shall dismiss any chal- interruption not exceeding thirty days, Business Improvement District Law of lenge that is not commenced within the shall constitute a succession for purpos1994” and “PBID Law” refer to the Prop- time period prescribed in this paragraph. es of this division. erty and Business Improvement District Law If any of the deadlines prescribed in the pre- “Transient” means any Person who exerof 1994, California Streets and Highways ceding paragraph is held to be invalid by cises Occupancy, or is entitled to OccuCode, Division 18, Part 7, Section 36600 a court of competent jurisdiction, the pancy, by reason of concession, permit, right et seq. court shall be authorized to reform the of access, license, or other agreement for deadline to the shortest period of time per- a period of less than one (1) month. A §61.2810 Construction of Division missible by law. month is defined as the period of consecIn the event of any conflict between one or utive days from the first calendar day of OcPart 9.

Proponent Accountability more provisions of this Division and any othcupancy in any month to the same calener provision of the Municipal Code, the pro- The People of the City of San Diego here- dar day in the next month following, or the visions of this Division shall govern to the by declare that the proponent of this Or- last day of the next month following if no extent of the conflict. In the event of any dinance should be held civilly liable if this corresponding calendar day exists. conflict between one or more provisions of Ordinance, after passage, is struck down Section 35.0103 Tax Imposed this Division and any provision of the in whole or in part, by a court of compe- For the privilege of Occupancy in any HoProperty and Business Improvement Dis- tent jurisdiction for being impermissible pur- tel located in The City of San Diego, each trict Law of 1994, this Division shall con- suant to the federal law, state law, the city Transient is subject to and shall pay a tax trol to the extent of the conflict. charter, or any other controlling legal au- in the amount of six percent (6%) of the Rent charged by the Operator. §61.2811 Limitations Period for Judicial thority. Such an impermissible Ordinance Section 35.0104 Additional Tax Imposed is a misuse of the City’s electoral resources, Review and the proponent must be held account- Notwithstanding the tax imposed by Section 35.0103 and in addition thereto, No action to challenge the validity of any able for such an occurrence. commencing on January 1, 1985 for the portion of this Division shall be maintained unless such action is commenced within If this Ordinance, after passage, is struck privilege of Occupancy in any Hotel, each 90 days after the Division takes effect. down in whole or in part, by a court of com- Transient is subject to and shall pay an adpetent jurisdiction for being impermissible ditional tax in the amount of one percent Part 5. Effective Date; Amendment pursuant to the federal law, state law, the (1%) of the Rent charged by the Operator. city charter, or any other controlling legal Section 35.0105 Additional Tax Imposed This Ordinance shall take effect 30 days af- authority, and all avenues for appealing and Notwithstanding the tax imposed by Secter the date of the election at which the overturning the court’s decision have been tions 35.0103 or 35.0104 and in addition qualified electors approve it. The Ordinance exhausted, the proponent shall pay a civ- thereto, commencing on August 1, 1988 may be repealed or amended only by a vote il penalty of $5,000 to the City’s General for the privilege of Occupancy in any Hoof the qualified electors. As used in this Fund for failure to be the proponent of a tel, each Transient is subject to and shall paragraph and the next paragraph, “qual- wholly permissible Ordinance. No party or pay an additional tax in the amount of one ified electors” has the same meaning that entity may waive this civil penalty. percent (1%) of the Rent charged by the it has under San Diego City Charter SecOperator. tion 6. *** Section 35.0106 Additional Tax Imposed Relevant Documents Referred to in Notwithstanding the tax imposed by SecPart 6. Interdependence; Interpretation the Ordinance tions 35.0103, 35.0104 or 35.0105 and in The provisions of Part 4 of this Ordinance Division 1 of Article 5 of Chapter 3 of the addition thereto, commencing on June 1, are inseparably interconnected and inter- San Diego Municipal Code, Transient Oc- 1989, for the privilege of Occupancy in any dependent. If any portion of Part 4 of this cupancy Tax Hotel, each Transient is subject to and shall Ordinance is held to be invalid by a court Section 35.0101 Purpose and Intent pay an additional tax in the amount of one of competent jurisdiction after any and all (a) It is the purpose and intent of the City percent (1%) of the Rent charged by the appeals are complete, then none of the re- Council that there shall be imposed a tax Operator. maining portions of the Ordinance shall on Transients.

Section 35.0107 Recreational Vehicle Park have any force or effect. (b) Some of the proceeds of the tax on Tran- and Campground User Tax Imposed (1) The City’s authority to enter into a management agreement pursuant to subsection (b) of this section shall be deemed withdrawn, and sub-section (b) shall have no further force or effect.

(2) Sections 61.2802 and 61.2803 shall be deemed withdrawn and shall have no further force or effect, and no district created thereunder shall have the legal authority to continue its operations.

The need for responsible comprehensive and integrated planning, financing, management, and sales and marketing for major tourism- and entertainment-related resources as described in this Ordinance is so important to the qualified electors voting on this measure that if any portion of Part 4 of the Ordinance is invalid as described above then the remaining portions of the Ordinance would not have been approved by them without the invalid portion of Part 4.

Commencing on September 1, 1990, for the privilege of Occupancy in any Recreational Vehicle Park or Campground, each Transient is subject to and shall pay a tax in the amount of nine percent (9%) of the Rent charged by the Operator.

Section 35.0108 Additional Tax Imposed Notwithstanding the tax imposed by Sections 35.0103, 35.0104, 35.0105, 35.0106, or 35.0107 and in addition thereto, commencing on August 1, 1994, for the privilege of Occupancy in any Hotel, any Recreational Vehicle Park, or any Campground, each Transient is subject to and shall pay an additional tax in the amount of one and one half percent (1.5%) of the Rent charged by the Operator.

Section 35.0110 Tax as Debt; Time and Manner of Payment (a) Any tax imposed pursuant to Chapter 3, Article 5, Division 1, constitutes a debt owed by each Transient to the City which is extinguished only by payment to the Operator or to the City. (b) Each Transient shall pay any tax imposed pursuant to Chapter 3, Article 5, Division 1, to the Operator of the Hotel, the Recreational Vehicle Park, or the Campground at the time Rent is paid. (c) If Rent is paid in installments, a proportionate share of the tax shall be paid by each Transient with each installment. (d) The unpaid tax shall be due upon each Transient’s ceasing to occupy a room, or portions thereof, in a Hotel, or space in a Recreational Vehicle Park or a Campground. (e) If for any reason the tax due is not paid by the Transient to the Operator of the Hotel, the Recreational Vehicle Park, or the Campground, the City Treasurer may require that the tax be paid directly to the City Treasurer.

Section 35.0111 Exemptions (a) No tax shall be due or collected pursuant to Chapter 3, Article 5, Division 1, in the following cases: (1) when the Transient has exercised Occupancy or was entitled to Occupancy for one month or more; (2) when the total space rental charge at a Campground or Recreational Vehicle Park or the room rental charge in a Hotel is twenty-five dollars ($25.00) a day or less or the accommodations rented are in a dormitory and the total Rent for each Transient is twenty-five dollars ($25.00) a day or less; or (3) when the Transient is by treaty, or federal law, or state law exempt from payment of transient occupancy taxes; or (4) when Hotel Rents are directly paid by the United States Government or the State of California or their respective instrumentalities. This exemption does not exempt a transient who is employed by an exempt entity from payment of the tax when the payment is later to be reimbursed by the entity. (b) Any Person who occupies a room, or any portion thereof, in a Hotel, or space in a Recreational Vehicle Park or Campground, or is entitled to Occupancy thereof, for a period of one (1) month or more, shall be deemed not to have been a Transient with respect to the first month of Occupancy or entitlement to Occupancy.

Section 35.0112 Operator’s Duties and Accounting Procedures (a) Each Operator shall collect the tax imposed by Chapter 3, Article 5, Division 1, to the same extent and at the same time as the Rent is collected from every Transient. (b) If an Operator collects the Rent but fails to collect the tax imposed by Chapter 3, Article 5, Division 1, for any reason, the City shall require the Operator to pay the tax. (c) The amount of tax charged each Transient shall be separately stated from the amount of Rent charged, and each Transient shall receive a receipt for payment from the Operator. (d) A duplicate of the receipt given to each Transient shall be kept by the Operator in accordance with Section 35.0121. (e) No Operator of a Hotel, a Recreational Vehicle Park, or a Campground shall advertise or state in any manner, whether directly or indirectly, that the tax charged pursuant to Chapter 3, Article 5, Division 1, or any part thereof, will be assumed or absorbed by the Operator or that it will not be added to the Rent or that, if added, any part will be refunded except in the manner hereinafter provided. (f) Each Operator shall account separately for, and maintain separate monthly summary totals for taxable and nontaxable Rents and for taxes collected. (g) Each Operator shall maintain its financial and accounting records in accordance with established accounting principles acceptable to the City Treasurer. (h) The costs of additional goods and services, which are not Rent, but which may be sold as a package, or are complimentary with a room, or portion thereof, in a Hotel, or a space in a Recreational Vehicle Park or Campground (such as golf, tennis, meals), shall be accounted for in accordance with any administrative rules and regulations promulgated by the City Treasurer.

Section 35.0113 Registration (a) Within thirty (30) days after the effective date of this Article, or within thirty (30) days after commencing business, whichever is later, each operator renting occupancy to transients shall register with the City Treasurer and obtain a “Transient Occupancy Registration Certificate” to be posted at all times in a conspicuous place on the premises. Said certificate shall include the following: (1) The name of the operator; (2) The address; (3) The date upon which the certificate was issued;

(4) The following statement: “This Transient Occupancy Registration certificate signifies that the person named on the face hereof is required to collect a transient occupancy tax from transients and to remit the same to the City Treasurer and has fulfilled the requirements of the Transient Occupancy Tax Ordinance by registering with the City Treasurer for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the City Treasurer. This certificate does not constitute a permit to operate a hotel, recreational vehicle park or campground business.” (b) It shall be unlawful to operate a hotel, recreational vehicle park or campground without a Transient Occupancy Tax Certificate or to fail to post the certificate in a conspicuous place at all times.

Section 35.0114 Remitting and Reporting (a) Each Operator shall remit monthly the full amount of taxes collected for the previous month with the appropriate approved return form available from the City Treasurer. (b) Returns and taxes remitted monthly by an Operator and actually received by the City Treasurer on or before the last day of the following month shall be deemed timely filed and remitted; otherwise, the taxes are delinquent and subject to the penalties imposed by Section 35.0116. (c) Returns shall be made by each Operator on a calendar month basis unless a reporting basis other than a calendar month reporting period is approved. An Operator that desires to utilize a reporting period other than a calendar month reporting period must request and obtain written approval from the City Treasurer prior to the implementation of such reporting plan. (d) Each Operator reporting on a calendar month basis shall submit, on or before the last day of the following month, a return on the appropriate approved forms to the City Treasurer of the total taxable Rents charged and the amount of tax collected for the previous month and the balance of the tax due.

At the time the return is filed, the full amount of the balance of the tax due shall be remitted to the City Treasurer. (e) Each Operator reporting on an approved basis other than a calendar month basis shall submit, on or before the same day of the next month following the close of such reporting period, or on the last day of that month if no corresponding calendar day exists, a return on the appropriate approved forms to the City Treasurer of the total taxable Rents charged and the amount of tax collected for the month and the balance of the tax due. At the time the return is filed, the full amount of the balance of the tax due shall be remitted to the City Treasurer. (f) Returns filed and taxes remitted by mail shall be deemed timely filed only if the envelope or similar container enclosing the returns and taxes is addressed to the City Treasurer, has sufficient postage, and bears a United States postmark or a postage meter imprint prior to midnight on the last day for reporting and remitting without penalty. If the envelope or other container bears a postage meter imprint as well as a United States Post Office cancellation mark, the latter shall govern in determining whether the filing and remittance are timely. (g) All taxes collected by an Operator pursuant to Chapter 3, Article 5, Division 1, shall be held in trust for the account of the City until payment thereof is made to the City Treasurer. (h) All returns and payments submitted by each Operator shall be treated as confidential by the City Treasurer and shall not be released except upon order of a court of competent jurisdiction or to an officer or agent of the United States, the State of California, the County of San Diego, or the City of San Diego for official use only. (i) The same basis for accounting used by an Operator for keeping books and records shall be used for reporting and remitting.

Section 35.0115 Remitting and Reporting Requirements upon Cessation of Business (a) An operator who is transferring, selling or terminating its business shall notify the City Treasurer in writing of such sale, transfer or termination and the name and address of the purchaser or transferee at least thirty (30) days in advance of the date of transfer, sale or termination, unless the decision to sell, transfer or terminate was made within less than a thirty (30) day period prior to the transfer, sale or termination, in which case the operator shall then immediately notify the City Treasurer.

The operator shall, at the same time, notify the purchaser or transferee of their responsibility for unpaid collected taxes as set forth in sections 35.0137 and 35.0138, and further certify in writing to the City Treasurer that the transferee or purchaser was notified of the requirements of this Article regarding its responsibility for unpaid collected taxes. (b) Cessation of Business. Each operator upon cessation of business for any reason shall, on or before the same day of the next month following the cessation of business or on the last day of that month if no corresponding day exists, make a return to the City Treasurer on approved forms of the total taxable rents charged, the amount of tax collected for the reporting period, remittances made, if any, and the balance of the tax due. At the time the return is filed, the full amount of the balance of the tax due, if any, shall be remitted to the City Treasurer. After filing the final return and remitting the balance due, the operator shall make his records of account available for a closeout audit by the City Treasurer or duly authorized City employee. Returns filed and taxes remitted and actually received by the City Treasurer on or before the same day

of the next month following the cessation of business or on the last day of that month if no corresponding calendar day exits shall be deemed timely filed and remitted; otherwise, the taxes are delinquent and subject to the penalties imposed by Section 35.0116. (c) The liability of the transferee or purchaser for transient occupancy taxes collected by the transferor or seller is set forth in sections 35.0137 and 35.0138. (d) Any operator who fails to comply with the provisions of subsections (a) or (b) hereunder is guilty of a misdemeanor.

Section 35.0116 Penalties (a) Delinquency. Any operator who fails to remit any tax imposed by this Article within the time required shall pay a penalty computed at the rate of one percent (1%) for the first day of delinquency and one– third of one percent (1/3 of 1%) for each day thereafter, including Saturdays, Sundays, and holidays, but not to exceed twenty–five percent (25%) of the amount of the tax due and payable for the entire reporting period in addition to the amount of the tax. (b) Fraud. If the City Treasurer determines that the nonpayment of any remittance due under this ordinance is due to fraud, a penalty of twenty–five percent (25%) of the amount of the tax shall be added thereto in addition to the penalties stated in subparagraph (a) of this section. (c) Audit Deficiency. If, upon audit by the City, an operator is found to be deficient in either its return or its remittance or both, the City Treasurer shall immediately invoice the operator for the amount of the net deficiency plus a penalty of ten percent (10%) of the net deficiency. If the operator fails or refuses to pay the deficient amount and applicable penalties within fourteen (14) days of the date of the City Treasurer’s invoice, an additional penalty shall be imposed at the rate of one–third of one percent (1/3 of 1%) per day of the net deficiency, not to exceed fifteen percent (15%) for a combined total penalty not to exceed twenty–five percent (25%) of the net deficiency.

Section 35.0117 Failure to Collect or Report Tax— Jeopardy Determination (a) Determination of Tax by City Treasurer.

If any operator shall fail or refuse to collect the tax or to make, within the time provided in this Article, any report or remittance of said tax or any portion hereof required by this Article or if such operator maintains records which are inadequate to show the amount of tax due, the City Treasurer shall forthwith assess the tax and penalties provided for by this Article against the operator. (b) Jeopardy Determinations. When an operator fails or refuses to make or file a timely return or remittance of taxes, or when the City Treasurer or duly authorized employee makes a determination, after having applied necessary and accepted auditing procedures or by estimation if no records are available, that an operator is or will be unable to remit any taxes collected or otherwise due at the prescribed time, the City Treasurer may make a written Jeopardy Determination which shall be issued to the operator to require the operator to thereafter furnish additional information or provide adequate security as necessary to ensure collection of any taxes due or to become due, and to remit the taxes on a daily or weekly basis. The operator shall thereafter report and remit all taxes due under the terms and conditions prescribed by the City Treasurer. The City Treasurer shall cancel the requirements imposed under the Jeopardy Determination once timely accounting and remittance procedures have been established and the operator is satisfying all obligations imposed by law for the remittance of taxes. (c) Notice. The City Treasurer shall deliver notice of the assessment or of the Jeopardy Determination to the operator or deposit it in the United States mail, postage prepaid, addressed to the operator at the last known place of business.

Section 35.0118 Administrative Remedies and Appeals (a) The operator may within fourteen (14) days after the serving or mailing of such notice make application in writing to the City Treasurer for a hearing on the amount assessed pursuant to section 35.0117. If timely application for a hearing is not made, the tax and penalties determined by the City Treasurer shall become final and conclusive and immediately due and payable. If such application is made, the City Treasurer shall give not less than five (5) days written notice in the manner prescribed herein to the operator of the time and place for a hearing before a board consisting of the City Treasurer, the City Auditor and Comptroller and the Financial Management Director or the duly appointed deputy of each. At the hearing, the operator may appear and offer evidence why the specified tax and penalties should not be so fixed.

The board shall consider all evidence produced and shall determine the proper tax to be remitted. After the hearing, the City Treasurer shall give written notice to the operator in the manner prescribed herein of the determination and the amount of such tax and penalties. If the amount remaining in dispute thereafter does not exceed $750.00, the decision of the hearing board shall be final and conclusive and shall constitute the exhaustion of the operator’s administrative remedies. Any amount found to be due shall be payable within fourteen (14) days of the serving or mailing of the determination of the tax due unless a further appeal is filed with the City Manager as provided in this section within that fourteen (14) day period for any amount in excess of $750.00. (b) When an appeal from the hearing board for remaining taxes and penalties ex-

ceeding $750.00 is filed, the City Manager shall cause the appeal to be assigned to a Hearing Officer, who shall schedule a hearing to be heard within a reasonable time thereafter. The Hearing Officer shall be appointed by the City Manager, shall be a member of the California State Bar and shall not be a City employee. The Hearing Officer shall be compensated by The City of San Diego for the time spent on deciding an appeal. (c) The appellant and the City Manager or designate shall each have the right to appear in person and be represented by legal counsel, to receive notice, to present evidence, to call and cross–examine witnesses under oath and to present argument. The Hearing Officer shall have the power to compel attendance of witnesses and documents by Subpoena in accordance with the Civil Code. The formal rules of evidence shall not apply and any relevant evidence that is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious business affairs shall be admissible.

Hearsay evidence may be considered by the Hearing Officer, but no findings may be based solely on hearsay evidence unless supported or corroborated by other relevant and competent evidence. The formal exceptions to the hearsay rule shall apply. (d) The Hearing Officer is authorized to rule upon issues of law or fact and to determine the amount of the tax or penalty in accordance with this Article. The Hearing Officer shall not have any jurisdiction to waive, mitigate or suspend the collection of any tax or penalty found to be duly imposed. (e) The decision of the Hearing Officer shall be issued in writing no later than fourteen (14) days after the conclusion of the hearing. The decision shall be the final administrative remedy of the appellant and shall be binding upon the City Manager. Any amounts due shall be immediately payable to the City Treasurer. (f) The City Manager shall promulgate supplementary rules and procedures for the conduct of the hearing, the forms of notice and proceedings and the preparation and submission of the record.

Section 35.0121 Records It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this Article to keep and preserve, for a period of three years within the boundaries of this City, all business records as may be necessary to determine the amount of such tax for which the operator is liable for collection and payment to the City. The City Treasurer and authorized deputies or agents in the exercise of duties imposed by this Article shall have the right to inspect such records at all reasonable times and to apply auditing procedures necessary to determine the amount of tax due to the City. It shall be unlawful to refuse to allow or to permit such audit to be conducted after a lawful demand therefor by the City Treasurer, or the City Auditor when so requested by the City Treasurer.

Section 35.0122 Refunds (a) Whenever the amount of any tax or penalty has been overpaid, paid more than once or has been erroneously or illegally collected or erroneously received by the City under this article, the overpayment may be refunded provided a claim in writing under penalty of perjury stating the specific grounds upon which the claim is founded is filed with the City Treasurer within three years of the date of payment. The claim shall be on forms available from the City Treasurer. (b) An operator may claim a refund or take as a credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the City Treasurer that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator. (c) A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the City by filing a claim in the manner provided in subparagraph (a) of this section, but only when the transient having paid the tax to the operator establishes to the satisfaction of the City Treasurer that the transient has been unable to obtain a refund from the operator who collected the tax. (d) An operator who has remitted an amount in excess of the amount required to be paid by this article may receive a credit to the extent of the excess. If the excess is discovered as a result of an audit by the City, no claim need be filed by the operator. Such credit, if approved by the Treasurer, shall be applied to any deficiency found or any further tax payments due under the rules prescribed by the Treasurer. (e) No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto.

Section 35.0123 Actions to Collect Taxes and Enforcement of Liens (a) Any tax required to be paid by any transient under the provisions of this Article shall be deemed a debt owed by the transient to the City and payable through the operator. Any tax collected by an operator which has not been paid to the City shall be deemed funds held in trust for the account of the City which are due and payable by the operator to the City pursuant to the provisions of this Article. Any person owing money to the City under the provisions of

the Article shall be liable to an action brought in the name of The City of San Diego for the recovery of such amount. Upon the concurrence of the City Attorney and the City Auditor and Comptroller, the City Treasurer is authorized to compromise the collection of the amount or establish a schedule of payment for any tax due, or to discontinue the collection of any claim if it appears that further proceedings would be without merit. (b) Recording of a Certificate of Lien. If any amount required to be paid to the City under this Article is not paid when due, the City Treasurer may record in the office of the San Diego County Recorder a certificate which specifies the amount of tax and penalties due, the name and address of the operator liable for the same, a statement that the City Treasurer has complied with all provisions of this Article in the determination of the amount required to be paid and a legal description of the real property owned by the operator. From the time of the recording of the certificate, the amount required to be paid together with penalties constitutes a lien upon all real property in the county owned by the operator or thereafter acquired before the lien expires. The lien has the force, effect and priority of a tax lien and shall continue for ten (10) years from the filing of the certificate unless sooner released or otherwise discharged. (c) Warrant for Collection of Tax. At any time within three (3) years after the recording of a certificate of lien under Section 35.0123(b), the City Treasurer may issue a warrant directed to any sheriff or marshal for the enforcement of the lien and the collection of any tax and penalties required to be paid to the City under this Article. The warrant shall have the same effect as a writ of execution, and be executed in the same manner and with the same effect as a levy and sale pursuant to a writ of execution. The City Treasurer may pay or advance to the sheriff or marshal such fees, commissions and expenses for services as are provided by law for similar services pursuant to a writ of execution. (d) Seizure and Sale. In lieu of issuing a warrant under subsection (c), at any time within the three (3) years after an assessment was issued or a certificate of lien was recorded under section 35.0123(b), the City Treasurer may collect the delinquent amount by seizing or causing to be seized any property, real or personal, of the operator and sell any noncash or nonnegotiable property or a sufficient part of it at public auction to pay the amount of tax due together with any penalties and any costs incurred on account of the seizure and sale.

Any seizure made to collect taxes due shall only be of property of the operator not exempt from execution under the provisions of the Code of Civil Procedure.

Section 35.0124 Violations and Criminal Proceedings (a) Any operator who wilfully fails to collect or cause to be collected the transient occupancy tax due from a transient is guilty of misdemeanor. (b) Any operator who wilfully fails to file or cause to be filed any return required by this Article, or who files or causes to be filed a false return, or who wilfully fails or refuses to remit or cause to be permitted any tax collected, or who refuses to allow an audit to be conducted, is guilty of a misdemeanor. (c) The commencement of criminal proceedings shall neither preclude nor abate administrative or civil actions to collect taxes due under this Article. (d) Violations under this section are continuing violations and each day the violation continues constitutes a separate misdemeanor. (e) Any operator violating any of the other mandatory provisions of this Article shall be guilty of a misdemeanor. (f) Violations shall be punishable as misdemeanors by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the County jail for a period of not more than six (6) months or by both such fine and imprisonment. (g) Non–defense. It shall not be a defense to violations of this Article that the operator, including a resident manager, had forwarded any return due or tax collected to its principal or corporate headquarters, nor that any failure to file or remit taxes was based on the direction or inaction of such principal or corporate headquarters.

Section 35.0127 Severability If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional.

Section 35.0128 Utilization of Revenues from Tax Imposed by Section 35.0103 All revenues collected pursuant to the tax imposed by the City under Section 35.0103 shall be utilized as follows: (a) Two–thirds (2/3) of all revenues collected by the City and remaining after payment of two–thirds (2/3) of the costs incurred in the administration of Chapter 3, Article 5, Division 1 shall be deposited in the Transient Occupancy Tax Fund and used solely for the purpose of promoting the City.

However, if the City Manager determines that anticipated revenues in any fiscal year will be insufficient to maintain existing City services, the City Manager may ask the City Council to temporarily suspend compliance

with this subsection (a) for the upcoming fiscal year. A majority vote of the City Council can temporarily suspend compliance with this subsection (a) for that fiscal year. (b) One–sixth (1/6) of all revenue collected by the City and remaining after payment of one–sixth (1/6) of the costs incurred in the administration of Chapter 3, Article 5, Division 1 shall be deposited in the Transient Occupancy Tax Fund. Money shall be expended from this fund only by an ordinance appropriating part or all of the fund for any purpose the City Council may direct, including, but not limited to, promotion of the City. c) One–sixth (1/6) of all revenue collected by the City and remaining after payment of one–sixth (1/6) of the costs incurred in the administration of Chapter 3, Article 5, Division 1 shall be deposited to the General Fund. An annual allocation, as determined by the City Council, from revenues collected pursuant to the tax imposed by the City under Section 35.0103 may be deposited in the Housing Trust Fund of the City.

Section 35.0129 Utilization of Revenues from Additional Tax Imposed by Section 35.0104 All revenues collected pursuant to the tax imposed by the City under Section 35.0104 shall be deposited in the General Fund of the City and be used for general governmental purposes as the City Council may from time to time provide in accordance with the Charter of the City of San Diego and the City Council’s appropriation ordinance.

Section 35.0130 Utilization of Revenues from Additional Tax Imposed by Section 35.0105 All revenues collected pursuant to the tax imposed by the City under Section 35.0105 shall be deposited in the General Fund of the City and be used for general governmental purposes as the City Council may from time to time provide in accordance with the Charter of the City of San Diego and the City Council’s appropriation ordinance.

Section 35.0131Utilization of Revenues from Additional Tax Imposed by Section 35.0106 All revenues collected pursuant to the tax imposed by the City under Section 35.0106 shall be deposited in the General Fund of the City and be used for general governmental purposes as the City Council may from time to time provide in accordance with the Charter of the City of San Diego and the City Council’s appropriation ordinance.

Section 35.0132 Utilization of Revenues From Tax Imposed by Section 35.0107 All revenues collected pursuant to the tax imposed by the City under Section 35.0107 shall be deposited in the General Fund of the City and be used for general governmental purposes as the City Council may from time to time provide in accordance with the Charter of the City of San Diego and the City Council’s appropriation ordinance.

Section 35.0133 Utilization of Revenues From Tax Imposed by Section 35.0108 All revenues collected pursuant to the tax imposed by the City under Section 35.0108 shall be deposited in the General Fund of the City and be used for general governmental purposes as the City Council may from time to time provide in accordance with the Charter of the City of San Diego and the City Council’s appropriation ordinance.

Section 35.0136 Treasurer’s Regulations and Enforcement Authority The City Treasurer may promulgate reasonable rules, interpretations and regulations to implement and enforce the provisions of this Article. Designated agents of the City Treasurer shall have the authority to arrest without a warrant any violator of a misdemeanor provision of this Article and to issue notices to appear pursuant to the provisions of Penal Code section 836.5.

Section 35.0137 Duty of Successor of Operator If an operator who is liable for any tax or penalties under this Article sells or otherwise disposes of his business, his successor shall notify the City Treasurer of the date of sale at least thirty (30) days before the date of sale or, if the decision to sell was made less than thirty (30) days prior to the actual sale, then immediately and shall withhold a sufficient portion of the purchase price to equal the amount of such tax or penalty until the selling operator produces a receipt from the Treasurer showing that the tax or penalty has been paid or a tax clearance certificate from the City Treasurer stating that no tax or penalty is due. If the seller does not present a receipt or tax clearance certificate within thirty (30) days after such successor commences to conduct business, the successor shall deposit the withheld amount with the City Treasurer pending settlement of the account of the seller.

Section 35.0138 Liability of Successor for Failure to Withhold: Notice of Amount Due If the successor to the business fails to withhold a portion of the purchase price as required, it shall be liable to the City for the payment of the amount required to be withheld. Within thirty (30) days after receiving a written request from the successor for a tax clearance certificate stating that no tax or penalty is due, the City Treasurer shall either issue the certificate or mail notice to the successor at its address as it appears on the records of the City Treasurer of the estimated amount of the tax and –penalty that must be paid as a condition of issuing the certificate.

Division 25 of Article 1 of Chapter 6 of the San Diego Municipal Code, San Diego Tourism Marketing District Pro-

cedural Ordinance Section 61.2501 Purpose and Intent The purpose and intent of this Division is: (a) To allow for the establishment of a tourism marketing district to provide for tourism development, including coordinated joint marketing and promotion of San Diego businesses, in order to retain and expand the lodging industry which is one of the top revenue generators for the San Diego economy and a key employment sector. (b) To create a mechanism to fund promotional activities for tourism development through the levy of assessments upon the businesses to which the special and specific benefit from those activities is conferred. (c) To provide a method for the involvement of a nonprofit entity to participate in the preparation and review of proposed tourism marketing district plans for district activities. (d) To provide a method for the City Council to authorize a nonprofit entity with specific interest in the promotion of City tourism to implement and administer district activities. (e) To provide a mechanism with which a charge may be imposed for a special and specific benefit conferred directly to the payors that is not provided to those not charged and which does not exceed the reasonable costs to the City of San Diego of conferring the benefit.

Section 61.2502 Citation of Division This division may be cited as the San Diego Tourism Marketing District Procedural Ordinance.

Section 61.2503 Rules of Construction This Division shall be liberally construed in order to effectuate its purposes. No error, irregularity, informality and no neglect or omission of any officer, in any procedure taken under this Division which does not directly affect the jurisdiction of the San Diego City Council to order the work shall void or invalidate such procedure for any assessment or the cost of the work done thereunder.

Section 61.2504 Definitions For purposes of this division, defined terms appear in italics. The following definitions apply in this Division: “Activities” means, but is not limited to, the promotion and marketing of assessed businesses to provide a special and specific benefit to assessed businesses within the district that is not provided to those not paying the assessment.

"Assessment" means a levy for the purpose of conducting activities which will provide a special and specific benefit to the assessed businesses located within a tourism marketing district is not provided to those not paying the assessment. Assessments levied under this Division are not special taxes.

"Business" means any and all types of hotels where a structure, or any portion of a structure, is held out to the public as being occupied, or designed for occupancy, by transients for dwelling, lodging or sleeping purposes.

“Business owner” means the owner, operator, or authorized representative of the business who is noted on City records as the responsible party for the remitting and reporting of Transient Occupancy Tax pursuant to San Diego Municipal Code section 35.0114.

"District management plan" or "plan" means a proposal as defined in sections 61.2507.

"Tourism marketing district," or "district," means an area established pursuant to this Division, within which businesses pay assessments to fund activities.

"Tourism marketing district association" or “association” means a private nonprofit entity which represents, and whose membership includes only the assessed business owners or business owners’ representatives in a district and which participates in the preparation and review of proposed district management plans for district activities that provide a special and specific benefit to assessed businesses that is not provided to those that are not assessed. A tourism marketing district association may be an existing nonprofit entity or a newly formed nonprofit entity. In accordance with California Streets and Highways Code section 36614.5, the association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose.

“Transient” has the same meaning as in San Diego Municipal Code section 35.0102.

Section 61.2505 Alternative Financing Method; No Limit on Other Provisions of Law This Division provides an alternative method of financing certain activities.

The provisions of this Division shall not affect or limit any other provisions of law authorizing or providing for activities or the raising of revenue for the benefit of businesses.

Section 61.2506 Establishment of Tourism Marketing District A tourism marketing district may be established as provided in this Division, in the following manner: (a) Upon the submission of a written petition, signed by the business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the City Council will initiate proceedings to establish a district by the adoption of a resolution expressing its intention to establish a district. Where the same business owner would be assessed an amount in excess of 40 percent of the total amount of all assessments proposed to be levied, that business owner’s share of the assessment over such 40 percent shall not

be included in determining whether the petition is signed by business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of business owners required under subdivision (a) shall include a summary of the district management plan. That summary shall include all of the following: (1) A map showing the boundaries of the district.

(2) Information specifying where the complete district management plan can be obtained.

(3) Information specifying that the complete district management plan shall be furnished upon request. (c) The resolution of intention described in subdivision (a) shall contain all of the following: (1) A brief description of the proposed activities, the amount of the proposed assessment, a statement that bonds will not be issued, and a description of the exterior boundaries of the proposed district. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the activities and the location and extent of the proposed district.

(2) A time and place for a public hearing on the establishment of the tourism marketing district and the levying of assessments, which shall be consistent with the requirements of section 61.2508.

Section 61.2507 Tourism Marketing District Management Plan The district management plan shall contain all of the following: (a) A map of the district. (b) The name of the proposed district. (c) A description of the boundaries of the district, including the boundaries of any benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected lands and businesses included. Nothing in this Division prohibits the boundaries of a district created pursuant to this Division to overlap with other districts created pursuant to this Division or assessment districts established pursuant to other provisions of law including, but not limited to, the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code sections 36500 -36551, or the Property and Business Improvement District Law of 1994, California Streets and Highways Code sections 36600 - 36671. (d) The general description of activities proposed for each year of operation of the district and the estimated maximum cost thereof. (e) The estimated total annual amount proposed to be expended each year for administration and operation of the district. (f) The proposed source or sources of financing including the proposed method and basis of levying the assessment in sufficient detail to allow each business owner to calculate the amount of the assessment to be levied against their business. (g) The planned frequency for the levying of the assessments. (h) The specific number of years in which assessments will be levied. The maximum term for any district is 40 years. The district management plan may set forth specific changes in assessments for each year of operation of the district. (i) The proposed timing and duration of activities under the plan. (j) Any proposed rules and regulations to be applicable to the district. (k) A list of the businesses to be assessed then in existence. (l) A description of the procedures utilized by the association for the nomination and election of the association’s board of directors. (m) Any other item or matter required to be incorporated therein by the San Diego City Council, the San Diego Municipal Code, or any other applicable law. The district management plan shall be approved by City Council at the time City Council considers the petition of businesses seeking to establish a tourism marketing district. Should the businesses or the tourism marketing district association seek to modify the plan at any time, such modifications shall be subject to the requirements of sections 61.2519 and 61.2520.

Section 61.2508 Notice of Proposed Assessments; Public Hearing (a) If the City Council proposes to levy a new or increased assessment pursuant to this Division, the City shall comply with the following notice, protest, and hearing procedures: (1) The City Council shall identify all businesses which will have a special and specific benefit conferred on them by the activities and upon which an assessment will be imposed.

(2) All assessments shall be supported by the management plan.

(3) The City shall give notice by mail to the business owner of each identified business.

Each notice shall state the estimated total initial annual assessments for the entire district, the duration of the payments, the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated, and a specific formula in sufficient detail to allow the business owner to calculate the proposed assessment on the business, together with the date, time, and location of a public hearing on the proposed assessment.

(4) If the proposed assessment formula is based on gross room revenue, the amount of the proposed assessment for each identified business shall be estimated based on gross room rental revenue for the City’s most recent complete fiscal year.

(5) Each notice shall also include, in a conspicuous place, a summary of the procedures for the completion, return, and tab-

ulation of the ballots required pursuant to section 61.2508(a)(6), including a statement that the assessment shall not be imposed if the ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment, with ballots weighted according to the proportional financial obligation of the affected business.

The City shall give notice by mail at least 45 days prior to the date of the public hearing upon the proposed assessment. On the face of the envelope mailed to the business owner, in which the notice and ballot are enclosed, there shall appear in substantially the following form in no smaller than 16point bold type: “OFFICIAL BALLOT ENCLOSED.” The City may additionally place the phrase “OFFICIAL BALLOT ENCLOSED” on the face of the envelope mailed to the business owner, in which the notice and ballot are enclosed, in a language or languages other than English.

(6) Each notice given pursuant to this section shall contain a ballot that includes the City’s address for receipt of the ballot and a place where the person returning the assessment ballot may indicate his or her name, a reasonable identification of the business, and his or her support or opposition to the proposed assessment. Each ballot shall be in a form that conceals its contents once it is sealed by the person submitting the ballot. Each ballot shall be signed and either mailed or otherwise delivered to the address indicated on the ballot. Regardless of the method of delivery, all ballots shall be received at the address indicated, or the site of the public testimony, in order to be included in the tabulation of a majority protest pursuant to section 61.2508(a)(8). Ballots shall remain sealed until the tabulation of ballots pursuant to section 61.2508(a)(8) commences, provided that a ballot may be submitted, changed, or withdrawn by the person who submitted the ballot prior to the conclusion of the public testimony on the proposed assessment at the hearing required pursuant to this section. The City may provide an envelope for the return of the ballot, provided that if the return envelope is opened by the City prior to the tabulation of ballots pursuant to section 61.2508(a)(8), the enclosed ballot shall remain sealed as provided in this section.

(7) At the time, date, and place stated in the notice mailed pursuant to section 61.2508(a)(3), the City shall conduct a public hearing upon the proposed assessment.

At the public hearing, the City shall consider all objections or protests, if any, to the proposed assessment. At the public hearing, any person shall be permitted to present written or oral testimony. The public hearing may be continued from time to time.

(8) At the conclusion of the public hearing, a person or persons designated by the City shall tabulate the ballots submitted, and not withdrawn, in support of or opposition to the proposed assessment.

(9) The City Council may, if necessary, continue the tabulation at a different time or location accessible to the public, provided the City Council announces the time and location at the hearing. Technological methods may be used in the tabulation of the ballots, including, but not limited to, punchcard, or optically readable (barcoded) ballots.

(10) A majority protest exists if the ballots submitted, and not withdrawn, in opposition to the proposed assessment exceed the ballots submitted, and not withdrawn, in its favor, weighting those ballots by the amount of the proposed assessment to be imposed upon the identified business for which each ballot was submitted.

(11) If there is a majority protest against the imposition of a new assessment or an increase in an existing assessment, the City shall not impose or increase the assessment. (b) In addition to the requirements of section 61.2508(a), the City shall also comply with California Government Code section 54954.6, as it relates to adopting any new or increased assessment.

Section 61.2509 City Council Adoption, Revision or Modification of Assessments; Modification of Approved Activities; Changes to District Boundaries At the conclusion of the public hearing to establish the district, the City Council may adopt, revise, change, reduce or modify the proposed assessment or the type or types of activities to be funded with the revenues from the assessments. At the hearing, the City Council may only make changes to the boundaries of the proposed tourism marketing district that will exclude territory containing businesses that the City Council finds will not benefit from the proposed activities; and may only change proposed assessments by reducing them.

Section 61.2510 Resolution of Formation of Tourism Marketing District (a) If the City Council, following a public hearing, decides to establish a proposed tourism marketing district, the City Council shall adopt a resolution of formation that shall contain all of the following: (1) A brief description of the proposed activities, the amount of the proposed assessment, and a description of the exterior boundaries of the proposed district. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the activities and the location and extent of the proposed district.

(2) The number, date of adoption, and title of the resolution of intention.

(3) The time and place where the public hearing was held concerning the establishment of the district.

(4) A determination regarding any protests received. The City Council shall not es-

tablish the district or levy assessments if a majority protest was received.

(5) A statement that the operations of the district established by the resolution shall be subject to any amendments to this Division.

(6) A statement that the activities to be provided to benefit businesses in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide activities that directly benefit businesses outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the City Council at the hearing concerning establishment of the district.

(7) A statement specifying the time and manner for levying the assessments by the City Treasurer.

(8) A statement that any assessment imposed pursuant to this Division is levied solely upon the business owner within the district, that the business owner is solely responsible for payment of the assessment when due, and that, if the business owner chooses to collect any portion of the assessment from a transient, that portion shall be specifically called out and identified for the transient in any and all communications from the business owner as a “San Diego Tourism Marketing District Assessment.”

(9) A finding that the activities funded by the assessments will provide a special and specific benefit to businesses within the tourism marketing district that is not provided to those not paying the assessment. (b) The adoption of the resolution of formation and recordation of the notice and map pursuant to section 61.2512 shall constitute the levy of an assessment in each of the fiscal years referred to in the district management plan.

Section 61.2511 City Clerk to Record Notice and Map of District Following adoption of a resolution establishing a district pursuant to section 61.2510 the City Clerk shall record a notice and map of the district.

Section 61.2512 City Council Establishment of Benefit Zones The City Council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the activities to be provided within the benefit zone, and may impose a different assessment within each benefit zone.

The City Council may also define categories of businesses based upon the degree of benefit that each will derive from the activities to be provided within the district, and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone.

Section 61.2513 Establishment, Modification or Disestablishment; Districts and Benefit Zones All provisions of this Division applicable to the establishment, modification, or disestablishment of a tourism marketing district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. In order to establish, modify, or disestablish a benefit zone or category of business, the City Council shall follow the procedure to establish, modify, or disestablish a tourism marketing district.

Section 61.2514 Expiration of Tourism Marketing District If a tourism marketing district expires due to the time limit set pursuant to section 61.2507(h), a new district management plan may be created and a new district established pursuant to this Division.

Section 61.2515 Collection of Assessments The collection of the assessments levied pursuant to this Division shall be made at the time and in the manner set forth by the City Council in the resolution establishing the district described in section 61.2510.

A method for charging interest and penalties for delinquent payments of assessments may also be prescribed in the resolution establishing the district.

Section 61.2516 Exemptions from Assessments The following business revenues are considered exempt from assessment under this Division: (1) Revenues from a transient who has exercised occupancy for more than one month; (2) Revenues from a transient whose room rent is being paid directly or indirectly by the federal government or the State of California, or (3) Revenues from a transient who is by treaty exempt from locally-levied transient occupancy taxes.

Section 61.2517 Validity of Assessments; Contests The validity of an assessment levied under this Division shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the resolution establishing the district and levying the assessment is adopted pursuant to section 61.2510.

Any appeal from a final judgment in an action or proceeding shall be perfected by the appellant within 30 days after the entry of judgment.

Section 61.2518 City’s Promotional Responsibilities (a) Nothing in this Division shall relieve the City of its responsibility to promote the City of San Diego as enumerated in San Diego Municipal Code section 35.0128 regarding the use of revenues from the City’s Transient Occupancy Tax. (b) The City Manager, or the Manager’s designee, will provide the tourism marketing district association, on an annual basis, a statement detailing actual Transient Occupancy Tax revenues collected under San Diego Municipal Code section 35.0103 that are available for promoting the City. This statement shall also describe the prescribed

use of revenues from the City’s Transient Occupancy Tax to include, but not be limited to: (1) The annual debt payment for all existing bond obligations related to the San Diego Convention Center Corporation; (2) The annual marketing subsidy as required by the San Diego Convention Center Corporation; and (3) The annual debt payment for all existing bond obligations relative to Balboa Park and Mission Bay Park.

Section 61.2519 Modifications of District Management Plan A tourism marketing district association may, at any time, request that the City Council modify its district management plan. Any modification of the district management plan shall be made pursuant to this Division.

Section 61.2520 District Plan Modification; Public Hearing Required (a) Upon the written request of a tourism marketing district association, the City Council may modify the district management plan, including modification of the activities to be funded with the revenue derived from the levy of the assessments, after conducting one public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the City shall comply with the notice and protest requirements of section 61.2508. (b) The City Council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention. (c) The City shall give all business owners within the district written notice by mail, of the proposed modifications of the district management plan, an explanation of the modification, and the reason for the modification, together with the date, time and location of a public hearing on the proposed modification.

Section 61.2521Tourism Marketing District Association; Report of Activities (a) Each tourism marketing district association shall cause to be prepared a prospective report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the activities described in the report. The tourism marketing district association's first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the tourism marketing district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of categories of business, if a classification is used. (b) The report shall be filed with the City Clerk prior to the end of each fiscal year, and shall refer to the tourism marketing district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information: (1) Any proposed changes to the boundaries of the tourism marketing district or to any benefit zones or classification of businesses within the district.

(2) The activities to be provided for that fiscal year.

(3) An estimate of the cost of providing the activities for that fiscal year.

(4) The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.

(5) The estimated amount of any surplus or deficit revenues to be carried over from the previous fiscal year.

(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this Division. (c) The City Council may approve the report as filed by the tourism marketing district association, or may modify any portion of the report and approve it as modified. Such modification shall only be made subject to the noticing provisions of sections 61.2520. Any portion of the report which proposes to modify the district management plan shall only be approved after complying with the notice and public hearing requirements of Section 61.2520. The City Council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments. (d) A tourism marketing district association shall comply with the Ralph M. Brown Act, California Government Code sections 54950 -54963, at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act, California Government Code sections 6250 6276.48, for all documents relating to activities of the district. (e) Each business owner paying the tourism district assessment has the right to vote in annual elections of the association and the right to seek nomination or election to the board of directors of the association.

Section 61.2522 Tourism Marketing District Association; Contract With Nonprofit The district management plan may state that a tourism marketing district association will provide for and administer the activities described in the district management plan. If the district management plan designates a tourism marketing district association, the City may contract with the designated nonprofit corporation to implement the plan and carry out specified activities, subject to the terms and conditions enumerated in the contract.

Section 61.2523 Renewal of Expired District (a) Upon renewal of an expired district, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional businesses not included in the prior district, the remaining revenues shall be spent to benefit only the businesses in the prior district. If the renewed district does not include businesses included in the prior district, the remaining revenues attributable to these businesses shall be refunded to the owners of these businesses. (b) Upon renewal, a district shall have a term not to exceed forty (40) years. There is no requirement that the boundaries, assessments, or activities of a renewed district be the same as the original or prior district.

Section 61.2524 Disestablishment of District; Procedures (a) Any tourism marketing district established or extended pursuant to the provisions of this Division, where there is no outstanding and unpaid indebtedness incurred to accomplish any of the purposes of the district, may be disestablished by resolution of the City Council in either of the following circumstances: (1) If the City Council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district; or (2) After the first year of operation of the district, there shall be a 30-day period each year in which assessed business owners may request disestablishment of the district. The first such period shall begin upon presentation to City Council of the district’s initial annual report of activities. During each successive year of operation of the district, business owners shall have such a 30-day period to request disestablishment upon presentation of the district’s report of activities. Upon the written petition of the business owners in the district who pay 50 percent or more of the assessments levied, the City Council shall pass a resolution of intention to disestablish the district. The City Council shall notice a hearing on disestablishment, pursuant to section 61.2508. (b) The City Council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the district. The notice of the hearing on disestablishment required by this section shall be given by mail to the owner of each business subject to assessment in the district. The City Council shall conduct the public hearing not less than 30 days after the mailing of the notice to the business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention.

Section 61.2525 Disestablishment; Refund of Assessments (a) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund. All outstanding assessment revenue collected after disestablishment shall be spent on activities specified in the district management plan. (b) Upon the disestablishment of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, shall be refunded to the business owners then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished.

Section 61.2526 Action to Determine Validity; Action Contesting Validity (a) An action to determine the validity of assessments, contracts, improvements, or activities may be brought by the City or tourism marketing district association pursuant to Chapter 9 (commencing with section 860) of Title 10 of Part 2 of the California Code of Civil Procedure. For such purpose an assessment, activity, improvement, or acquisition shall be deemed to be in existence upon its authorization by City Council. (b In accordance with California Streets and Highways Code section 36633, the validity of an assessment levied under this Division shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to section 61.251. Any appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.

The Property and Business Improvement District Law of 1994 California Streets and Highways Code Section 36600. This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.”

Section 36601. The Legislature finds and declares all of the following: (a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the

economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements. (d) Assessments levied for the purpose of conferring special benefit upon the real property or businesses in a business district are not taxes for the general benefit of a city, even if property or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits: (1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.

(2) Job creation.

(3) Business attraction.

(4) Business retention.

(5) Economic growth.

(6) New investments. (f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.

(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property.

(2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.

(3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits. Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.

Section 36602. The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes.

Section 36603. Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)).

Section 36603.5. Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.

Section 36604. This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.

Section 36606. "Activities" means, but is not limited to, all of the following that benefit businesses or real property in the district: (a) Promotion of public events. (b) Furnishing of music in any public place. (c) Promotion of tourism within the district. (d) Marketing and economic development, including retail retention and recruitment.

(e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed businesses and real property located in the district.

Section 36606.5. "Assessment" means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.

Section 36607."Business" means all types of businesses and includes financial institutions and professions.

Section 36608. "City" means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California.

Section 36609. "City council" means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part.

Section 36609.4. "Clerk" means the clerk of the legislative body.

Section 36609.5. "General benefit" means, for purposes of a property-based district, any benefit that is not a "special benefit" as defined in Section 36615.5.

Section 36610. "Improvement" means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following: (a) Parking facilities. (b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms. (d) Lighting and heating facilities. (e) Decorations. (f) Parks. (g) Fountains. (h) Planting areas. (i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the area. (k) Ramps, sidewalks, plazas, and pedestrian malls. (l) Rehabilitation or removal of existing structures.

Section 36611. "Management district plan" or "plan" means a proposal as defined in Section 36622.

Section 36612."Owners' association" means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners' association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners' association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners' association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all records relating to activities of the district.

Section 36614. "Property" means real property situated within a district.

Section 36614.5. "Property and business improvement district," or "district," means a property and business improvement district established pursuant to this part.

Section 36614.6."Property-based assessment" means any assessment made pursuant to this part upon real property.

Section 36614.7. "Property-based district" means any district in which a city levies a property-based assessment.

Section 36615. "Property owner" means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. "Business owner" means any person recognized by the city as the owner of the business. "Owner" means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part.

Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient.

Section 36615.5. "Special benefit" means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.

Section 36616. "Tenant" means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.

Section 36617. This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.

Section 36620. A property and business improvement district may be established as provided in this chapter.

Section 36620.5. A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.

Section 36621. (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following: (1) A map showing the boundaries of the district.

(2) Information specifying where the complete management district plan can be obtained.

(3) Information specifying that the complete management district plan shall be furnished upon request. (c) The resolution of intention described in subdivision (a) shall contain all of the following: (1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district.

(2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.

Section 36622. The management district plan shall include, but is not limited to, all of the following: (a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries. (b) The name of the proposed district. (c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year's proposed improvements, maintenance, and activities and a statement that the same improvements, mainte-

nance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision. (e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision. (f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements. (g) The time and manner of collecting the assessments. (h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k) (1) A list of the properties or businesses to be assessed, including the assessor's parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof.

(2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (l) In a property-based district, the total amount of all special benefits to be conferred upon the properties located within the property-based district. (m) In a property-based district, the total amount of general benefits, if any. (n) In a property-based district, a detailed engineer's report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (o) Any other item or matter required to be incorporated therein by the city council.

Section 36623. (a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than

50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.

Section 36624. At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627.

36625. (a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following: (1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district.

(2) The number, date of adoption, and title of the resolution of intention.

(3) The time and place where the public hearing was held concerning the establishment of the district.

(4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.

(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part.

(6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.

(7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.

(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district. (b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.

Section 36626. If the city council, following the public hearing, desires to establish the proposed property and business improvement district, and the city council has not made changes pursuant to Section 36624, or has made changes that do not substantially change the proposed assessment, the city council shall adopt a resolution establishing the district. The resolution shall contain all of the information specified in Section 36625.

Section 36627. Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625 or Section 36626, the clerk of the city shall record a notice and an assessment diagram pursuant to Section 3114.

No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part.

Section 36628. The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the

assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone.

Section 36628.5. The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property-based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622.

Section 36629. All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district.

Section 36630. If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.

Section 36631. The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.

Section 36632. (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district.

The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part. (b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part. (c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part.

Section 36633. The validity of an assessment levied under this part shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36626. Any appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.

Section 36634. The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed.

Section 36635. The owners' association may, at any time, request that the city council modify the management district plan.

Any modification of the management district plan shall be made pursuant to this chapter.

Section 36636. (a) Upon the written request of the owners' association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following: (1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.

(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification. (b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.

Section 36637. Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627.

Section 36640. (a) The city council may, by resolution, determine and declare that

bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code).

Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years. (c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.

Section 36650. (a) The owners' association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners' association's first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used. (b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information: (1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district.

(2) The improvements, maintenance, and activities to be provided for that fiscal year.

(3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.

(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.

(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.

(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part. (c) The city council may approve the report as filed by the owners' association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.

The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district.

Section 36651. The management district plan may, but is not required to, state that an owners' association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners' association, the city shall contract with the designated nonprofit corporation to provide services.

Section 36660. (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district.

If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.

Section 36670. (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to ac-

complish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances: (1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment.

(2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days.

The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the area who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention.

Section 36671. (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.

California Government Code Section 1090 Prohibitions Applicable to Specified Officers Section 1090. (a) Members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Nor shall state, county, district, judicial district, and city officers or employees be purchasers at any sale or vendors at any purchase made by them in their official capacity. (b) An individual shall not aid or abet a Member of the Legislature or a state, county, district, judicial district, or city officer or employee in violating subdivision (a). (c) As used in this article, "district" means any agency of the state formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries.

California Government Code Sections 54951, 54952, and 54954.2 Section 54951. As used in this chapter, "local agency" means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof, or other local public agency.

Section 54952. As used in this chapter, "legislative body" means: (a) The governing body of a local agency or any other local body created by state or federal statute. (b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body.

However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter. (c) (1) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either: (A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity.

(B) Receives funds from a local agency and

the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency.

(2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting member of the governing body of that private corporation, limited liability company, or other entity shall be relieved from the public meeting requirements of this chapter by virtue of a change in status of the full voting member to a nonvoting member. (d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority.

Section 54954.2 Agenda; posting; action on other matters; posting on Internet Web site (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency's Internet Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.

The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.

(2) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item.

(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.

(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than twothirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a).

(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. (d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency's Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards: (1) A legislative body as that term is defined by subdivision (a) of Section 54952.

(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.

San Diego City Charter Section 221: Sale of Real Property Real property owned by The City of San Diego consisting of eighty (80) contiguous acres or more, whether or not in separate parcels, shall not be sold or exchanged un-

less such sale or exchange shall have first been authorized by ordinance of the Council and thereafter ratified by the electors of The City of San Diego. The foregoing shall not apply to the sale or exchange of real property to a governmental agency for bona fide governmental purposes which sale or exchange was duly authorized by ordinance of the Council, nor shall it apply to properties previously authorized for disposition by the electors of The City of San Diego Jobs and Economic Improvement Through Environmental Leadership Act of 2011 California Public Resources Code Section 21178. The Legislature finds and declares all of the following: (a) The overall unemployment rate in California is 12 percent, and in certain regions of the state that rate exceeds 13 percent. (b) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) requires that the environmental impacts of development projects be identified and mitigated. (c) The act also guarantees the public an opportunity to review and comment on the environmental impacts of a project and to participate meaningfully in the development of mitigation measures for potentially significant environmental impacts. (d) There are large projects under consideration in various regions of the state that would replace old and outmoded facilities with new job-creating facilities to meet those regions’ needs while also establishing new, cutting-edge environmental benefits to those regions. (e) These projects are privately financed or financed from revenues generated from the projects themselves and do not require taxpayer financing. (f) These projects further will generate thousands of full-time jobs during construction and thousands of additional permanent jobs once they are constructed and operating. (g) These projects also present an unprecedented opportunity to implement nation-leading innovative measures that will significantly reduce traffic, air quality, and other significant environmental impacts, and fully mitigate the greenhouse gas emissions resulting from passenger vehicle trips attributed to the project. (h) These pollution reductions will be the best in the nation compared to other comparable projects in the United States. (i) The purpose of this act is to provide unique and unprecedented streamlining benefits under the California Environmental Quality Act for projects that provide the benefits described above for a limited period of time to put people to work as soon as possible.

Section 21180. For the purposes of this chapter, the following terms shall have the following meanings: (a) “Applicant” means a public or private entity or its affiliates, or a person or entity that undertakes a public works project, that proposes a project and its successors, heirs, and assignees. (b) “Environmental leadership development project,” “leadership project,” or “project” means a project as described in Section 21065 that is one the following: (1) A residential, retail, commercial, sports, cultural, entertainment, or recreational use project that is certified as LEED silver or better by the United States Green Building Council and, where applicable, that achieves a 10-percent greater standard for transportation efficiency than for comparable projects. These projects must be located on an infill site. For a project that is within a metropolitan planning organization for which a sustainable communities strategy or alternative planning strategy is in effect, the infill project shall be consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy, for which the State Air Resources Board, pursuant to subparagraph (H) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code, has accepted a metropolitan planning organization’s determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets.

(2) A clean renewable energy project that generates electricity exclusively through wind or solar, but not including waste incineration or conversion.

(3) A clean energy manufacturing project that manufactures products, equipment, or components used for renewable energy generation, energy efficiency, or for the production of clean alternative fuel vehicles. (c) “Transportation efficiency” means the number of vehicle trips by employees, visitors, or customers of the residential, retail, commercial, sports, cultural, entertainment, or recreational use project divided by the total number of employees, visitors, and customers.

Section 21181. This chapter does not apply to a project if the Governor does not certify a project as an environmental leadership development project eligible for streamlining provided pursuant to this chapter prior to January 1, 2016.

Section 21182. A person proposing to construct a leadership project may apply to the Governor for certification that the leadership project is eligible for streamlining provided by this chapter. The person shall supply evidence and materials that the Governor deems necessary to make a decision on the application. Any evidence or materials shall be made available to the public at least 15 days before the Governor certifies a project pursuant to this chapter.

Section 21183. The Governor may certi-

fy a leadership project for streamlining pursuant to this chapter if all the following conditions are met: (a) The project will result in a minimum investment of one hundred million dollars ($100,000,000) in California upon completion of construction. (b) The project creates high-wage, highly skilled jobs that pay prevailing wages and living wages and provide construction jobs and permanent jobs for Californians, and helps reduce unemployment. For purposes of this subdivision, “jobs that pay prevailing wages” means that all construction workers employed in the execution of the project will receive at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code. If the project is certified for streamlining, the project applicant shall include this requirement in all contracts for the performance of the work. (c) The project does not result in any net additional emission of greenhouse gases, including greenhouse gas emissions from employee transportation, as determined by the State Air Resources Board pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code. (d) The project applicant has entered into a binding and enforceable agreement that all mitigation measures required pursuant to this division to certify the project under this chapter shall be conditions of approval of the project, and those conditions will be fully enforceable by the lead agency or another agency designated by the lead agency. In the case of environmental mitigation measures, the applicant agrees, as an ongoing obligation, that those measures will be monitored and enforced by the lead agency for the life of the obligation. (e) The project applicant agrees to pay the costs of the Court of Appeal in hearing and deciding any case, including payment of the costs for the appointment of a special master if deemed appropriate by the court, in a form and manner specified by the Judicial Council, as provided in the Rules of Court adopted by the Judicial Council pursuant to subdivision (f) of Section 21185. (f) The project applicant agrees to pay the costs of preparing the administrative record for the project concurrent with review and consideration of the project pursuant to this division, in a form and manner specified by the lead agency for the project.

Section 21184. (a) The Governor may certify a project for streamlining pursuant to this chapter if it complies with the conditions specified in Section 21183. (b) (1) Prior to certifying a project, the Governor shall make a determination that each of the conditions specified in Section 21183 has been met. These findings are not subject to judicial review.

(2) (A) If the Governor determines that a leadership project is eligible for streamlining pursuant to this chapter, he or she shall submit that determination, and any supporting information, to the Joint Legislative Budget Committee for review and concurrence or nonconcurrence.

(B) Within 30 days of receiving the determination, the Joint Legislative Budget Committee shall concur or nonconcur in writing on the determination.

(C) The Joint Legislative Budget Committee fails to concur or nonconcur on a determination by the Governor within 30 days of the submittal, the leadership project is deemed to be certified. (c) The Governor may issue guidelines regarding application and certification of projects pursuant to this chapter. Any guidelines issued pursuant to this subdivision are not subject to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

Section 21185. On or before July 1, 2014, the Judicial Council shall adopt a rule of court to establish procedures applicable to actions or proceedings brought to attack, review, set aside, void, or annul the certification of the environmental impact report for an environmental leadership development project certified by the Governor pursuant to this chapter or the granting of any project approvals that require the actions or proceedings, including any potential appeals therefrom, be resolved, within 270 days of certification of the record of proceedings pursuant to Section 21186.

Section 21186. Notwithstanding any other law, the preparation and certification of the administrative record for a leadership project certified by the Governor shall be performed in the following manner: (a) The lead agency for the project shall prepare the administrative record pursuant to this division concurrently with the administrative process. (b) All documents and other materials placed in the administrative record shall be posted on, and be downloadable from, an Internet Web site maintained by the lead agency commencing with the date of the release of the draft environmental impact report. (c) The lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to, or relied on by, the lead agency in the preparation of the draft environmental impact report. (d) A document prepared by the lead agency or submitted by the applicant after the date of the release of the draft environmental impact report that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five business

days after the document is released or received by the lead agency. (e) The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make any comment available to the public in a readily accessible electronic format within five days of its receipt. (f) Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format. (g) Notwithstanding paragraphs (b) to (f), inclusive, documents submitted to or relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright-protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index must specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review. (h) The lead agency shall certify the final administrative record within five days of its approval of the project. (i) Any dispute arising from the administrative record shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record shall file a motion to augment the record at the time it files its initial brief. (j) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6.

Section 21187. Within 10 days of the Governor certifying an environmental leadership development project pursuant to this section, the lead agency shall, at the applicant’s expense, issue a public notice in no less than 12-point type stating the following: “THE APPLICANT HAS ELECTED TO PROCEED UNDER CHAPTER 6.5 (COMMENCING WITH SECTION 21178) OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OF THE EIR OR THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTIONS 21185 TO 21186, INCLUSIVE, OF THE PUBLIC RESOURCES CODE. A COPY OF CHAPTER 6.5 (COMMENCING WITH SECTION 21178) OF THE PUBLIC RESOURCES CODE IS INCLUDED BELOW.” The public notice shall be distributed by the lead agency as required for public notices issued pursuant to paragraph (3) of subdivision (b) of Section 21092.

Section 21188. The provisions of this chapter are severable. If any provision of this chapter or its application is held to be invalid, that invalidity shall not affect any other provision or application that can be given effect without the invalid provision or application.

Section 21189. Except as otherwise provided expressly in this chapter, nothing in this chapter affects the duty of any party to comply with this division.

Section 21189.1. If, prior to January 1, 2017, a lead agency fails to approve a project certified by the Governor pursuant to this chapter, then the certification expires and is no longer valid.

Section 21189.2. The Judicial Council shall report to the Legislature on or before January 1, 2017, on the effects of this chapter on the administration of justice.

Section 21189.3. This chapter shall remain in effect until January 1, 2017, and as of that date is repealed unless a later enacted statute extends or repeals that date.

California Public Resources Code Section 30103 (a) “Coastal zone” means that land and water area of the State of California from the Oregon border to the border of the Republic of Mexico, specified on the maps identified and set forth in Section 17 of that chapter of the Statutes of the 1975–76 Regular Session enacting this division, extending seaward to the state’s outer limit of jurisdiction, including all offshore islands, and extending inland generally 1,000 yards from the mean high tide line of the sea. In significant coastal estuarine, habitat, and recreational areas it extends inland to the first major ridgeline paralleling the sea or five miles from the mean high tide line of the sea, whichever is less, and in developed urban areas the zone generally extends inland less than 1,000 yards. The coastal zone does not include the area of jurisdiction of the San Francisco Bay Conservation and Development Commission, established pursuant to Title 7.2 (commencing with Section 66600) of the Government Code, nor any area contiguous thereto, including any river, stream, tributary, creek, or flood control or drainage channel flowing into such area. (b) The commission shall, within 60 days after its first meeting, prepare and adopt a detailed map, on a scale of one inch equals 24,000 inches for the coastal zone and shall file a copy of the map with the county clerk of each coastal county. The purpose of this provision is to provide greater detail than is provided by the maps identified in Section 17 of that chapter of the Statutes of the 1975–76 Regular Session enacting this division. The commission may adjust the inland boundary of the

coastal zone the minimum landward distance necessary up to a maximum of 100 yards except as otherwise provided in this subdivision, or the minimum distance seaward necessary up to a maximum of 200 yards, to avoid bisecting any single lot or parcel or to conform it to readily identifiable natural or manmade features.

Where a landward adjustment is requested by the local government and agreed to by the property owner, the maximum distance shall be 200 yards.

California Public Resources Code Section 21065 “Project” means an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is any of the following: (a) An activity directly undertaken by any public agency. (b) An activity undertaken by a person which is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies. (c) An activity that involves the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.

San Diego City Charter Section 6: Qualified Electors The qualifications of an elector at any election held in the City under the provisions of this Charter shall be the same as those prescribed by the general law of the State for the qualification of electors at General State Elections. No person shall be eligible to vote at such City election until he has conformed to the general State law governing the registration of voters.

San Diego City Charter Section 211: Oath of Office Every officer or member of a Committee, Board or of a Commission of the City shall, before entering upon the duties of his office, take and subscribe to an oath or affirmation as provided by the Constitution or General Law of the State to be filed and kept in the office of the City Clerk.

San Diego Municipal Code Section 112.0502: Process One An application for a permit, map, or other matter acted upon in accordance with Process One may be approved or denied by a staff person designated by the City Manager pursuant to Section 111.0205. A public hearing will not be held, and a Process One decision may not be appealed except as otherwise set forth in Section 141.0418. *** A statement of reasons for the proposed action as contemplated in said petition is as follows: STATEMENT OF REASONS Our connection to the Pacific Ocean and its beaches, bays, harbors, rivers and tributaries, and our tourism and entertainment resources, are big parts of San Diego’s identity. Critically important to our economy and quality of life, these resources require responsible management in order to accommodate visitors and residents who demand access to our waterways, beautiful, first-class venues, and very best of experiences.

Tourism and entertainment both benefit from, and impact, San Diego’s infrastructure and facilities, and the health of each is inextricably linked.

But our tourism- and entertainment-related facilities and infrastructure have deteriorated and are failing from lack of vision and years of neglect. This is the result of there being no single, coordinated mechanism to responsibly manage these public resources.

Our City’s transient occupancy tax is far below its competitive market average for comparable major tourist destinations, contributing to a roughly $1.7 billion facilities and infrastructure deficit throughout the City.

When businesses and visitors pay their fair share to maintain public assets, everyone benefits.

A recent report found that some competing cities’ lodging taxes are much higher than the City’s rate: Anaheim 17%, Seattle 16.5%, San Francisco 16.25%, and Los Angeles 15.5%. San Diego’s transient occupancy tax is 10.5%, which results in delayed repairs, less maintenance, the postponing of new attractions and venues, and the loss of world admiration. We cannot allow that to continue.

Along with fair-share funding, we also need a better approach to oversight of these issues, and our valuable tourism- and entertainment–related resources, so our problems do not repeat themselves.

Requiring tourists and tourism businesses to pay their fair share, and reforming the City’s overall management of its tourismand entertainment-related resources, is a sensible, unified way to manage our tourism and entertainment economy in a responsible manner.

Date: October 26, 2015 Donna Frye Mailing Address: 814 Morena Boulevard San Diego, CA 92110

REAL ESTATE Leaves and flowers fuel begonias' beauty 22

THURSDAY · OCTOBER 29, 2015

THE PENINSULA BEACON

BY LINDA MARRONE | THE BEACON If you are looking for an easy-to-grow flowering plant that will reward you with flowers year-round, Begonia richmondensis is a great choice. Known for its attractive waxy angel-wing leaves as much as for its never-ending supply of charming flowers, Begonia richmondensis is more commonly known as the sun, shrub or Richmond begonia.

In our mild coastal climate, this hearty perennial will bloom year-round, and the amount of sunshine it receives will dictate the colors of its leaves and flowers. It can be grown in full sun along the coast, and more sun will create plants with bronzy leaves and reddishsalmon flowers. When grown in a shady environment with filtered sunlight, the leaves tend to be silvery-green and the flowers a more delicate shade of pink.

Also, a white variety, Alba, should be grown in the shade to keep its delicate color intact.

These robust plants grow to about a 2'-by-2' plant in size and can be grown

month with a balanced fertilizer (I use Eleanor's VF-11). A couple times a year, pinch back the branches and shape them so they do not become too leggy.

You can also shape these begonias into hanging basket arrangements.

Even though they are perennials, after about three or four years of nonstop blooming, they will need to be replaced.

To keep a continuous supply in your garden, you can propagate them from leaf cuttings. 1) Fill small pots or empty flower 6-packs with a "growing" medium (potting soil with peat moss and pealite mixed in). 2) Cut a leaf off your plant and slit the stem section open with a sharp knife. 3) Insert the stem end into the growing medium; place the pots in a warm, sunny place and keep the soil moist. After a few weeks, the leaf cuttings will begin to sprout roots, and as more leaves appear, you can transplant in the garden as well as in containers. them into larger containers.

They prefer well-drained soil and need to be kept moist. If you let them dry out, Linda is a Realtor with Coldwell Banker their appearance will be affected in a in La Jolla. Take a tour of her garden at Lin- Begonia richmondensis (pink, like) grows in the sun, along with Begonia richmondensis. negative way. Feed them about once a daMarrone.com.

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THURSDAY · OCTOBER 29, 2015 THE PENINSULA BEACON

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360 Rosecrans • 2BR/1BA • $480,000 Situated in Point Loma’s beautiful La Playa neighborhood just steps to Kellogg’s Beach, San Diego Bay and convenient to Shelter Island, Yacht Clubs and Point Loma Village. This ground floor single level home has been upgraded with wood floors, crown moldings, plantation shutters, in-unit washer/dryer, new windows and new sliding glass doors leading to your own private patio. The gourmet kitchen is complete with an island, cherry wood cabinets, Corian counters, and stainless appliances.

Mariane Abbott 619.301.2452 CA BRE# 01438122

3735 Pio Pico • 2+BR/ 2BA • $895,000 - $965,000 2930 Chatsworth Blvd | 6BD/4.5BA | $1,800,000 - $2,225,000 Dramatic Historic Craftsman featuring stunning early 20th Century architectural details.

Located in Loma Portal, this 1913 home is Mills Act eligible & ready to call home! Features include: gleaming hardwood floors, gourmet kitchen with center island & butlers pantry, stained glass, newer roof with skylights, handcrafted built-ins throughout, french doors leading to entertainer's paradise!

Balconies throughout, master suite and exceptional lap pool! Exemplary workmanship and craftsman design! A must see!

MLS#150053971 Virtual Tour: Property Website:

This picturesque and charming home is located in the desirable "Wooded Area" of Point Loma. The 2 story Victorian style home has an abundance of windows, making this home light and bright. Charming built-ins, stained glass & beamed ceilings throughout the house are just a few of the features. Two bedrooms upstairs and an optional bedroom/office downstairs.

The master bedroom is very large with 3 closets including a walk-in and double doors leading to a balcony that overlooks the peaceful backyard.

ranchophotos.com/mls/2930-chatsworth-blvd/ 2930chatsworthblvd.view24hours.com/

Melissa Goldstein Tucci | 619.787.6852 sold@melissatucci.com | www.melissatucci.com CABRE #01380034

Mariane Abbott The Official Real Estate Agent of the San Diego Padres

619.301.2452 CA BRE# 01438122

Sharon Bythewood 619.227.4465 Sharon@bythewood.com CA BRE# 00846808

24

THURSDAY · OCTOBER 29, 2015 THE PENINSULA BEACON

OB Woman’s Club fundraiser The Ocean Beach Woman’s Club will be holding its third annual fundraising and auction event on Saturday, Nov. 7 from 6 to 10 p.m. The theme is country-western, so bring dancing boots.

The OBWC’s goal this year is to raise funds to donate back to several organizations right here in the Ocean Beach community. This year’s beneficiaries include the Ocean Beach Library, Young at Art

Children’s Creative Center, Pioneer Day School, Point Loma High School Surf Team, Ocean Beach Recreation Center, OB Elementary and Bone Appetite Cat & Kitten Rescue.

Dinner has been donated by Hodad’s.

Cookies have been donated by the Cravory. Beer will be donated by Wonderland Ocean Pub. There will be a silent auction and raffle and live auction with items such as a

BRIEFS search is under way to find talented singers and musicians to perform their original song in front of several thousand people at the SDBB’s Chargers Drive XXXVII from 9 a.m. to 6 p.m.

Tuesday, Nov. 24 at the Town and Country Resort Hotel & Convention Center, 500 Hotel Circle South.

SD Blood Bank seeking performers Videos (no longer than six minutes in The San Diego Blood Bank (SDBB) is length) can be posted at looking for new blood, sort of. A talent http://indi.com/sdblooddrive. Deadline behind-the-scenes Zoo Tour, a VIP experience at the Old Globe and a six-month membership to the Peninsula Family YMCA. Tickets include entry, dinner, dessert and one drink. Presale is $25 each and $35 at the door. Purchase tickets at oceanbeachwomansclub.org.

for submission of videos is Monday, Nov. 2. Any style or genre of music is welcomed. Both individuals and groups can submit.

In addition to blood collection, the event will feature continuous entertainment, refreshments and an opportunity for autographs from San Diego Chargers players, NFL alumni and the Charger Girls.

Cash for candy event Didn’t get as many trick-or-treaters as planned? Get paid to get rid of that tempting cavity-creating candy. On Monday, Nov. 2 from 3 to 7 p.m., drop off extra candy at Ocean Dental Care, 1802 Cable St., and receive $1 per pound.

Also, plenty of prizes will be raffled off.

All the goodies go to troops stationed overseas. For information, call (619) 223-3423.

Garden Club meeting The Point Loma Garden Club monthly meeting will take place 11 a.m.

Wednesday, Nov. 11 with David Root, a highly sought after and prize winning floral designer, who will create holiday floral designs. There will be a drawing for several of his designs. $20 admission for non-members. Free at Portuguese Hall, 2818 Avenida de Portugal. For more information, visit plgc.org.

Christmas Boutique weekend Sacred Heart Church of Ocean Beach Altar and Rosary Society’s annual Christmas Boutique weekend will take place 10 a.m. to 6 p.m. Sunday, Nov.14 and 8:30 a.m. to 1 p.m. Monday, Nov. 15. There will be an exquisite handmade Afghan quilt drawing at noon on Sunday. Beautiful handmade stitchery and crafts could make holiday gifts for family and friends at reasonable prices.

P.B. Sun and Sea shop having a closing sale P.B. Sun and Sea gift shop, located in the Promenade at 4150 Mission Blvd. (next door to Segway), is closing. It's been a Pacific Beach fixture for 30 years.

The owner, Denny, is a local, and he is closing the store Oct. 31 due to unexpected health issues.

The shop has just about everything marked down to cost – lots of footballs, frisbees, et cetera.

Madonna to play Valley View Center on Oct. 29 Madonna will make a stop in San Diego on her worldwide Rebel Heart tour this fall. The Material Girl is scheduled to perform at the Valley View Casino Center in Point Loma on Thursday, Oct. 29.

General public tickets are on sale and range from $44 to $360.

The pop star played Petco Park in 2007, which was the last time she performed in San Diego. Tickets are available at valleyviewcasinocenter.com.

Madonna recently announced that Los Angeles-based DJ, producer and pop artist Michael Diamond will open for her in San Diego and on other select dates of her Rebel Heart tour. Diamond is a producer on Madonna's heralded “Rebel Heart” album.

The Rebel Heart tour launched to two sold-out nights and rave reviews in Montreal in September and will continue throughout North America and the UK and Europe through the rest of 2015 and into 2016.

The Montreal Gazette proclaimed, “In a spare-no-expense theatrical spectacle that artfully flowed from showstopper to showstopper, Madonna proved once again that she doesn’t just crave the spotlight – she owns it.”