PUBLIC NOTICES
Published In The Daily Transcript
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Port of San Diego
PUBLISHED: Tuesday October 16, 2012

SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2692

ORDINANCE ACCEPTING AN EASEMENT FROM THE CITY OF IMPERIAL BEACH FOR FIFTEEN STREET ENDS IN IMPERIAL BEACH CONNECTING THE BEACH TO SEACOAST DRIVE

WHEREAS
, the San Diego Unified Port District (District) is a public corporation created by the Legislature in 1962 pursuant to Harbors and Navigation Code Appendix I (Port Act); and
WHEREAS, Section 5(b)(4) of the Port Act grants authority to the District to exercise its land management authority and powers over any other lands or interests in lands acquired by the District in furtherance of the District's powers and purposes as provided in Section 87; and
WHEREAS, the District currently has thirteen easements with the City of Imperial Beach (City) for street ends which provide for public access to the beach from Seacoast Drive, the primary north to south connection; and
WHEREAS, all thirteen street end easements expire on December 31, 2027 and eleven have options to extend for 15 years; and
WHEREAS, the City proposed to combine these thirteen easements into one new Easement and add two additional street ends, Beach Avenue and Cortez Avenue; and
WHEREAS, consolidating the easements into one document will provide for additional efficiencies in managing the agreement.
NOW, THEREFORE, the Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. Acceptance of an Easement, in a form substantially similar to the proposed, from the City of Imperial Beach which covers fifteen street ends, with a term expiring December 31, 2042.
Section 2. The Executive Director or his designated representative is hereby directed to execute said Easement, from the City of Imperial Beach which covers fifteen street ends, with a term expiring December 31, 2042.
Section 3. This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.

YEAS-Burdick, Moore, Nelson, Peters, Smith, Valderrama
NAYS-None
ABSTAINED- Malcolm
ABSENT-None
EXCUSED-None
SIGNED BY: Louis M. Smith, Chairman
ATTESTED BY: Timothy A. Deuel, District Clerk
Pub Oct 16, 2012

SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2693

ORDINANCE GRANTING A 66-YEAR UTILITY EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY FOR SUBSURFACE ELECTRIC EQUIPMENT ON QUAY AVENUE AND 28TH STREET IN NATIONAL CITY

WHEREAS
, the San Diego Unified Port District (District) is a public corporation created by the Legislature in 1962 pursuant to Harbors and Navigation Code Appendix I (Port Act); and
WHEREAS, Section 87(b) of the Port Act grants authority to the District to lease the tidelands or submerged lands, or parts thereof, for limited periods, not exceeding 66 years, for purposes consistent with the trusts upon which those lands are held, by the State of California; and
WHEREAS, San Diego Gas & Electric Company (SDG&E) has a current Easement with the District for 39 years expiring on October 31, 2012, for property located on Quay Avenue between 28th Street and 32nd Street in the City of National City on file with the office of the District Clerk document No. 7033; and
WHEREAS, the current Easement is for subsurface electrical equipment which primarily services District leaseholds in National City, and allows for construction, operation, maintenance, repair, and replacement of electric facilities placed below the level of the surface of the ground and necessary aboveground fixtures and appurtenances; and
WHEREAS, staff recommends the Board grant a utility Easement to SDG&E for a term of 66-years expiring on October 31, 2078; and
WHEREAS, this proposed Easement is a continuation of the existing Easement, and is similar to other SDG&E standard Easements throughout tidelands; and
WHEREAS, the Easement benefits the District and District tenants, therefore no rent is applicable.
NOW, THEREFORE, 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 San Diego Gas & Electric Company, a California corporation for subsurface electrical equipment on Quay Avenue and 28th Street in National City is hereby approved and granted.
Section 2. The Executive Director or his designated representative is hereby directed to execute said Easement with the San Diego Gas & Electric Company on behalf of the San Diego Unified Port District for a term of 66-years expiring on October 31, 2078.
Section 3. This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.

YEAS-Burdick, Malcolm, Moore, Nelson, Smith, Valderrama
NAYS-None
ABSTAINED-Peters
ABSENT-None
EXCUSED-None
SIGNED BY: Louis M. Smith, Chairman
ATTESTED BY: Timothy A. Deuel, District Clerk
Pub Oct 16 -00104034

SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2694

ORDINANCE AMENDING THE CONFLICT OF INTEREST CODE OF THE
SAN DIEGO UNIFIED PORT DISTRICT

WHEREAS
, the San Diego Unified Port District (District) is a public corporation created by the Legislature in 1962 pursuant to Harbors and Navigation Code Appendix 1 (Port Act); and
WHEREAS, pursuant to the Political Reform Act (PRA) codified in California Government Code
§ 81000, et seq. the District is required to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the Board of Port Commissioners (Board) adopted a Conflict of Interest Code pursuant to Board Policy No. 024A which was approved pursuant to Resolution No. 70-254 on November 17, 1970; and
WHEREAS, the PRA requires that the Conflict of Interest Code designate class specifications within the District which involve the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest of an employee in a designated position; and
WHEREAS, the PRA requires that the Conflict of Interest Code specify for each designated position the specific types of investments, business positions, interests in real property, and sources of income which are reportable; and
WHEREAS, the PRA requires the District to amend its Conflict of Interest Code at any time change is necessitated by changed circumstances, including the creation of new positions; and
WHEREAS, District positions have been added, deleted or re-titled pursuant to the District's annual budget process and as a result an amendment to the District's Conflict of Interest Code is required.
NOW, THEREFORE, the Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. That the Conflict of Interest Code of the San Diego Unified Port District, a Public Agency, as amended, on file in the Office of the District Clerk, is hereby further amended by amending Appendix A thereto by updating the List of Designated Employees, and by amending Appendix B thereto by updating the Designated Position Disclosure Categories. Copies of Amended Appendices A & B are attached to the Conflict of Interest Code on file in the Office of the District Clerk.
Section 2. This ordinance shall take effect on the 31st day after its passage by the Board of Port Commissioners.

YEAS-Burdick, Malcolm, Moore, Nelson, Peters, Smith, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-None
SIGNED BY: Lou Smith, Chairman
ATTESTED BY: Timothy A. Deuel, District Clerk
Pub Oct 16 -00104036

SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2695

ORDINANCE GRANTING AMENDMENT NO. 2 TO AMENDED AND RESTATED LEASE WITH WESTGROUP KONA KAI, LLC

WHEREAS
, the San Diego Unified Port District (District) is a public corporation created by the Legislature in 1962 pursuant to Harbors and Navigation Code Appendix I (Port Act); and
WHEREAS, Section 87(b) of the Port Act grants authority to the District to lease the tidelands or submerged lands, or parts thereof, for limited periods, not exceeding 66 years, for purposes consistent with the trusts upon which those lands are held, by the State of California; and
WHEREAS, Atlas-Kona Kai, LLC, a California limited liability company currently has a Lease with the District for the Kona Kai Resort (Resort) located at 1551 Shelter Island Drive in San Diego on file in the Office of the District Clerk as Document No. 47502; and
WHEREAS, pursuant to Ordinance 2370 passed by the Board of Port Commissioners (Board) on November 1, 2005 the District entered into Amendment No. 1 to the Amended and Restated Lease on file in the Office of the District Clerk as Document No. 49774; and
WHEREAS, Noble House Hotel and Resorts (Noble House) is the parent company of Westgroup Kona Kai, LLC (Westgroup); and
WHEREAS, Noble House has negotiated agreements to purchase the Resort from Atlas-Kona Kai, LLC with the intention of commencing a two phase $14.3 million renovation project; and
WHEREAS, pursuant to Resolution 2012-145 adopted by the Board on October 9, 2012 the District consented to an Assignment and Assumption of ownership interests of the Resort from Atlas-Kona Kai, LLC to Westgroup; and
WHEREAS, the current lease provides that, as a condition of consent to the assignment transaction, the Lease language shall be updated to current District standards.
NOW, THEREFORE, the Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. That Amendment No. 2 to Amended and Restated Lease with Westgroup Kona Kai, LLC, a Delaware limited liability company is hereby approved and granted.
Section 2. The Executive Director or his designated representative is hereby directed to execute on behalf of the District Amendment No. 2 to Amended and Restated Lease with Westgroup Kona Kai, LLC, a Delaware limited liability company. Said Amendment is on file in the Office of the District Clerk.
Section 3. This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.

YEAS-Burdick, Malcolm, Moore, Nelson, Peters, Smith, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-None
SIGNED BY: Lou Smith, Chairman
ATTESTED BY: Timothy A. Deuel, District Clerk
Pub Oct 16 -00104038

SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2696

ORDINANCE GRANTING AN OPTION AGREEMENT WITH WESTGROUP KONA KAI, LLC FOR A NEW 35-YEAR LEASE WITH A 15 YEAR OPTION TO EXTEND

WHEREAS, the San Diego Unified Port District (District) is a public corporation created by the Legislature in 1962 pursuant to Harbors and Navigation Code Appendix I (Port Act); and
WHEREAS, Section 87(b) of the Port Act grants authority to the District to lease the tidelands or submerged lands, or parts thereof, for limited periods, not exceeding 66 years, for purposes consistent with the trusts upon which those lands are held, by the State of California; and
WHEREAS, Atlas-Kona Kai, LLC, a California limited liability company currently has a Lease with the District for the Kona Kai Resort (Resort) located at 1551 Shelter Island Drive in San Diego on file in the Office of the District Clerk as Document No. 47502; and
WHEREAS, Noble House Hotel and Resorts (Noble House) is the parent company of Westgroup Kona Kai, LLC (Westgroup); and
WHEREAS, Noble House has negotiated agreements to purchase the Resort from Atlas-Kona Kai, LLC with the intention of commencing a two phase $14.3 million renovation project; and
WHEREAS, pursuant to Board of Port Commissioners (Board) Resolution 2012-145 adopted by the Board on October 9, 2012 the District consented to an Assignment and Assumption of Ownership Interests of the Resort from Atlas-Kona Kai, LLC to Westgroup; and
WHEREAS, in accordance with BPC 355, Westgroup's $14.3 million phased investment qualifies for a 35-year lease term with a 15-year extension conditioned on the completion of the phase two project; and
WHEREAS, if the first option is exercised and Westgroup enters into a new lease with the District, the new lease contains a second option that allows the Resort leasehold and the Marina leasehold to be combined under a single lease in the future; and
WHEREAS, in order to exercise the second option, both tenants must be considered “tenants in good standing”, proof of common ownership between the leaseholds must be presented, marina inspection and useful life analysis must be performed and submitted to the District, and Noble House must demonstrate equal employment opportunity and non-discrimination program requirement conformance; and
NOW, THEREFORE, the Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. That an Option Agreement with Westgroup Kona Kai, LLC, a Delaware limited liability company for a new 35-year lease with a 15-year option to extend conditioned upon the completion of the phase two project is hereby approved and granted.
Section 2. The Executive Director or his designated representative is hereby directed to execute on behalf of the District said Option Agreement with Westgroup Kona Kai, LLC, a Delaware limited liability company for a new 35-year lease with a 15-year option to extend conditioned upon the completion of the phase two project. Said Option Agreement is on file in the Office of the District Clerk.
Section 3. This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.

YEAS-Burdick, Malcolm, Moore, Nelson, Peters, Smith, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-None
SIGNED BY: Lou Smith, Chairman
ATTESTED BY: Timothy A. Deuel, District Clerk
Pub Oct 16 -00104040


Port of San Diego
PUBLISHED: Tuesday October 16, 2012


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