PUBLIC NOTICES
Published In The Daily Transcript
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Port of San Diego
PUBLISHED: Friday January 16, 2009

SAN DIEGO UNIFIED PORT DISTRICT
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ORDINANCE 2540

 
AN ORDINANCE AMENDING ORDINANCE 2519 ENTITLED "AN ORDINANCE ESTABLISHING A SCHEDULE OF COMPENSATION FOR OFFICERS AND
EMPLOYEES OF THE SAN DIEGO UNIFIED PORT DISTRICT"
 
  The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
  Section 1. That Ordinance 2519 entitled "An Ordinance Establishing a Schedule of Compensation for Officers and Employees of the San Diego Unified Port District", as amended, is hereby further amended by amending Section 26 thereto entitled "Retirement and Retiree Health Benefits" to read as follows:
 "Section 26. RETIREMENT AND RETIREE HEALTH BENEFITS
  A.) For employees hired before January 1, 2009:
  a) The District will make an employer and administrative contribution to the Retirement plan in an amount determined by the retirement system Actuary necessary to provide benefits for all eligible employees. 
  b) In addition to the District's employer and administrative contributions, the District will make an employee contribution into the Retirement plan for all eligible employees.  This amount is to be known as the employee offset or pick-up.  These amounts so paid and contributed shall be credited to the District's account in the Retirement System and not to the account of any individual employee.
   1.) For general member employees hired before October 1, 2006, the District offset shall be seven percent (7%) of a full-time employee's compensation subject to retirement contribution, as defined in paragraph d) below.
   2.) For employees hired on or after October 1, 2006, the District offset for general member employees shall be five percent (5%) of a full-time employee's compensation subject to retirement contribution, as defined in paragraph d) below.
   3.) Effective the second pay period in 2009 (January 2, 2009) the District offset for general member employees hired on or after October 1, 2006 (but prior to January 1, 2009) (referenced in subparagraph 2, above) shall be six percent (6%) of a full-time employee's compensation subject to retirement contribution, as defined in paragraph d), below.  This percentage increase is not retroactive.
   4.) For safety members, those employees in Group E - Peace Officer, and Class A2011-UE03 (Harbor Police Captain), the District offset shall be eight and eight-tenths percent (8.8%) of a full-time employee's compensation subject to retirement contribution, as defined in paragraph d), below.
   5.) For those employees in Group A-1 Principal Administrators, Unclassified, the District shall pay an additional one and one half percent (1-1/2 %).  Furthermore, the District will continue to pay the additional one and one half percent (1-1/2 %) for those employees who are moved from Group A-1 - Principal Administrators, Unclassified, to other classifications as directed by the Executive Director. 
  c) In addition to the District's contributions, the District will collect biweekly retirement contributions from the employees' salaries.  The amount of the contributions will be the amount the Retirement System Actuary determines is the employee contribution necessary to provide the benefits, less the District offset as described in paragraph b), above.  The District will forward the employee contributions to the Retirement System to be credited to each employee's account.
  d) Retirement benefits will be based upon compensation subject to retirement contribution, otherwise known as "pensionable". 
   1.) Compensation subject to retirement contribution includes pay, plus the following premium pay items and differentials:  education incentive pay; bilingual pay; Narcotics Task Force Officer pay; dive team pay; Field Officer Training pay; canine pay; court witness pay; floating holiday; paycheck correction adjustments; Watch Commander differential; stipends; standby pay; car allowance; holiday pay; acting out of class pay; temporary assignment differential; fuel truck driver; back flow repair; oversight of county work fair crew; pesticide applicator; railroad repair worker; Lead Plumber, Lead Electrician; Lead Maintenance Mechanic; Lead Equipment Mechanic; Lead Equipment Operator; Lead Equipment Operator I; Lead Equipment Operator II; Lead Maintenance Worker II; Lead Maintenance Worker III; Lead Gardener II; Lead Custodian; Lead Diver; Lead Boat Operator; Boat Operator; night shift; Lead night shift; Lead regular shift; Lead Traffic Enforcement Officer.  (These "compensations subject to retirement contribution" are documented as a result of the "Andrecht Settlement".)
   2.) In addition, any new or additional premium pay items or differentials will be subject to retirement contributions, unless expressly excluded in the MOU or salary ordinance establishing the additional items.
  e) The District shall not contribute to the Retirement System for part-time employees.
  f) Any employee hired on or after October 1, 2005 will not be eligible for the following retirement plan provisions: Deferred Retirement Option Plan (DROP), Purchase of Service, except those purchases guaranteed by State or Federal law; or the supplemental benefit ("Thirteenth Check").
  g) General member employees hired on or after October 1, 2006 will have their retirement benefits based on an average of the Three (3) highest years' salary.
  h) Employees who service or disability retire from the District are offered the opportunity to participate in certain benefits which currently include retiree medical, dental and life insurance, collectively known as "retiree health insurance".
  i) Effective for employees hired on or after October 1, 2006, the service years required for eligibility for retiree health insurance will be Ten (10) years of District service.
 B.) For General Member employees hired on or after January 1, 2009:
  a) All non-sworn employees will be offered the opportunity to participate in a hybrid-type retirement plan consisting of a defined contribution component and a defined benefit component.   The defined benefit component will include the following standard provisions:  cost of living adjustments (COLA), death benefits, disability benefits (industrial and non-industrial), reciprocity, survivor benefits and vesting (Five [5] years).
  b) The schedule of benefits for the hybrid plan is as follows:
Years of Service Defined Contribution Defined Benefit
0 - 5 4% employer match n/a
6 - 10 4% employer match 0.75%
11 - 15 4% employer match 1.00%
16 - 20 6% employer match 1.25%
21 + 6% employer match 1.50%
  Section 2. That said Ordinance 2519 is hereby further amended by amending Exhibit D thereto entitled "Salary Schedule by Range and Step for All Step Peace Officers" in accordance with Exhibit D, attached hereto.
 Section 3. This Ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners; provided, however, all negotiated increases for Police Officers pursuant to this Ordinance shall be effective as of January 2, 2009.
YEAS-Bixler, Black, Cushman, Peters, Spane, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-Najera
SIGNED BY: Stephen P. Cushman, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. Jan 16-00051724

SAN DIEGO UNIFIED PORT DISTRICT
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ORDINANCE 2541

 
AN ORDINANCE AMENDING LEASE AGREEMENT BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF CORONADO
 
  WHEREAS, pursuant to Ordinance 2356, adopted 6 September 2005, the  Board of Port Commissioners of the San Diego Unified Port District (District) authorized, approved and accepted a lease agreement from the City of Coronado, a municipal corporation, as Trustee of State of California tidelands, to the District, leasing to the District approximately 5.633 acres of tideland and water area located on the northeast side of Strand Way, southeast of Pomona Avenue, in the City of Coronado, to be used only and exclusively for public park, recreation, open space, parking and aquatic support and for other purposes whatsoever; and
  WHEREAS, pursuant to Ordinance 2499, adopted 10 June 2008, the District and the City of Coronado entered into an Agreement for Amendment of Lease, Amendment No. 1, extending the date for the completion of construction of the Linear Park Project from June 30, 2008, to June 30, 2010, and  for the City of Coronado to qualify for reimbursement of previously approved funds; and
  WHEREAS, the District and the City of Coronado desire to enter into an Agreement for Amendment of Lease, Amendment No. 2, to revise the legal description to allow the City of Coronado to relocate the Boat House Club Room, south of the original location in Glorietta Bay Park and off of District tidelands,
NOW, THEREFORE,
  The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
  Section 1.   That lease agreement dated 6 September 2005 from the City of Coronado, a municipal corporation, as Trustee of State of California tidelands, to the San Diego Unified Port District, a public corporation, is hereby amended in accordance with Agreement for Amendment of Lease, Amendment No. 2, on file in the office of the District Clerk, and said Amendment No. 2 is hereby authorized, approved and accepted as recommended by the Executive Director.
  Section 2.   This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners; provided, however, in the event the City of Coronado does not record the necessary Quitclaim Deed, which has been approved by the California State Lands Commission, incorporating the revised legal description and conveying the lands from itself, as a municipal corporation, to itself, as trustee of tide and submerged lands, the above authorization to enter said Agreement for Amendment of Lease, Amendment No. 2, shall be null and void and of no force or effect.
YEAS-Bixler, Black, Cushman, Peters, Spane, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-Najera
SIGNED BY: Stephen P. Cushman, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. Jan 16-00051730

SAN DIEGO UNIFIED PORT DISTRICT
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ORDINANCE 2542

 
AN ORDINANCE GRANTING AMENDMENT NO. 2 TO SUBLEASE BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF CORONADO
 
  WHEREAS, pursuant to Ordinance 2356, adopted 6 September 2005, the  Board of Port Commissioners of the San Diego Unified Port District (District) authorized, approved and accepted a lease agreement from the City of Coronado, a municipal corporation, as Trustee of State of California tidelands, to the District, leasing to the District approximately 5.633 acres of tideland and water area located on the northeast side of Strand Way, southeast of Pomona Avenue, in the City of Coronado, to be used only and exclusively for public park, recreation, open space, parking and aquatic support and for other purposes whatsoever; and
  WHEREAS, pursuant to Ordinance 2357, adopted 6 September 2005, the District subleased to the City of Coronado, a municipal corporation, (Sublessee) its entire leased premises consisting of said approximately 5.633 acres of tideland and water area located on the northeast side of Strand Way, southeast of Pomona Avenue, in the City of Coronado, commonly known as Coronado Linear Park, to be used only and exclusively for a public park, recreation, open space, parking and aquatic support and for no other purposes whatsoever, for a term of Thirty (30) years commencing 1 July 2004 and ending 30 June 2034; and
  WHEREAS, pursuant to Ordinance 2500, adopted 10 June 1008, the District and the City of Coronado entered into an Agreement for Amendment of Sublease, Amendment No. 1, to extend the date for the completion of construction of the Linear Park Project from June 30, 2008, to June 30, 2010, and for the City of Coronado to qualify for reimbursement of previously approved funds; and
  WHEREAS, the District and the City of Coronado desire to enter into an Agreement for Amendment of Sublease, Amendment No. 2, to revise the legal description to allow the City of Coronado to relocate the Boat House Club Room, south of the original location in Glorietta Bay Park and off of District tidelands, 
NOW, THEREFORE,
  The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
  Section 1. That sublease agreement dated 6 September 2005 from the San Diego Unified Port District, a public corporation, to the City of Coronado, a municipal corporation, is hereby amended in accordance with Agreement for Amendment of Sublease, Amendment No. 2, on file in the office of the District Clerk, and the legal description for said sublease shall be in accordance with Exhibits A and B thereof.
  Section 2. That all of the conditions contained in said Ordinance 2357 (consent to the original sublease), as amended by Ordinance 2500 (consent to Amendment No. 1), shall continue in full force and effect
  Section 3.   This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners; provided, however, in the event the City of Coronado does not record the necessary Quitclaim Deed, which has been approved by the California State Lands Commission, incorporating the revised legal description and conveying the lands from itself, as a municipal corporation, to itself, as trustee of tide and submerged lands, the above authorization to enter said Agreement for Amendment of Sublease, Amendment No. 2, shall be null and void and of no force or effect.
YEAS-Bixler, Black, Cushman, Peters, Spane, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-Najera
SIGNED BY: Stephen P. Cushman, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. Jan 16-00051731

SAN DIEGO UNIFIED PORT DISTRICT
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ORDINANCE 2543

 
AN ORDINANCE GRANTING AN EASEMENT TO THE CITY OF SAN DIEGO
 
  The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
  Section 1.   The Easement between the San Diego Unified Port District, a public corporation, and The City of San Diego, a municipal corporation, for the purposes of construction, operation, maintenance, repair, replacement and inspection of subsurface water pipeline facilities and appurtenances, on approximately 20,382 square feet of tideland area, located in the City of San Diego, on file in the office of the District Clerk, is hereby approved and granted.
  Section 2.   The Executive Director or his authorized representative is hereby directed to execute the said Easement with The City of San Diego, a municipal corporation.
  Section 3.   This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.
YEAS-Bixler, Black, Cushman, Peters, Spane, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-Najera
SIGNED BY: Stephen P. Cushman, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. Jan 16-00051728

SAN DIEGO UNIFIED PORT DISTRICT
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ORDINANCE 2544

 
AN ORDINANCE GRANTING AN EASEMENT FOR UTILITY PURPOSES TO
SAN DIEGO GAS & ELECTRIC COMPANY
 
  The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
  Section 1.   The Easement for Utility Purposes between the San Diego Unified Port District, a public corporation, and San Diego Gas & Electric Company, a California corporation, to excavate for, lay, erect, construct, build, install, modify, improve, rebuild, reconstruct, relocate, reconfigure, repair, replace, substitute, change the size of, upgrade, maintain, patrol, inspect, test, operate, use and remove facilities consisting of underground facilities and necessary aboveground fixtures for the transmission and distribution of electricity and related public utility purposes, together with all fixtures, equipment and appurtenances necessary or convenient for the maintenance, operation and use thereof, on approximately 4,566 square feet of tideland area, located at the northeast corner of the Tenth Avenue Marine Terminal, adjacent to the north and south North Entry Access Gate, in the City of San Diego, on file in the office of the District Clerk, is hereby approved and granted.
  Section 2.   The Executive Director or his authorized representative is hereby directed to execute the said Easement with San Diego Gas & Electric Company.
  Section 3.   This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.
YEAS-Bixler, Black, Cushman, Peters, Spane, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-Najera
SIGNED BY: Stephen P. Cushman, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. Jan 16-00051727

SAN DIEGO UNIFIED PORT DISTRICT
--- 
ORDINANCE 2545

 
AN ORDINANCE GRANTING AN EASEMENT TO PASHA AUTOMOTIVE
SERVICES
 
  The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
  Section 1.   The Easement between the San Diego Unified Port District, a public corporation, and Pasha Automotive Services, a California corporation, for the purposes of construction, operation, maintenance, repair, replacement and inspection of fifteen (15) foot wide overhead communication cable and Fifteen (15) foot wide underground communication cable, on approximately 31,308 square feet of underground communication easement area and approximately 6,410 square feet of overhead communication easement area, located on tidelands in the City of National City, on file in the office of the District Clerk, is hereby approved and granted.
  Section 2.   The Executive Director or his authorized representative is hereby directed to execute the said Easement with Pasha Automotive Services.
  Section 3.   This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.
YEAS-Bixler, Black, Cushman, Peters, Spane, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-Najera
SIGNED BY: Stephen P. Cushman, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. Jan 16-00051726

SAN DIEGO UNIFIED PORT DISTRICT
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ORDINANCE 2546

 
AN ORDINANCE AMENDING LEASE AGREEMENT BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND PACIFIC MARITIME FREIGHT, INC.
DBA PACIFIC TUGBOAT SERVICE
 
  The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
  Section 1.   That lease agreement dated 1 February 2005 between the San Diego Unified Port District and Pacific Maritime Freight, Inc., dba Pacific Tugboat Service, a California Subchapter S corporation, is hereby amended in accordance with Lease Amendment No. 1, on file in the office of the District Clerk.
  Section 2.   This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.
YEAS-Bixler, Black, Cushman, Peters, Spane, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-Najera
SIGNED BY: Stephen P. Cushman, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. Jan 16-00051725


Port of San Diego
PUBLISHED: Friday January 16, 2009


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