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Port of San Diego
PUBLISHED: Friday March 20, 2015

SAN DIEGO UNIFIED PORT DISTRICT
ORDINANCE 2799

ORDINANCE AMENDING THE FY 14/15 BUDGET TO INCREASE THE ANNUAL APPROPRIATIONS FOR THE CAPITAL IMPROVEMENT PROGRAM (CIP) BY $5,335,900 THROUGH THE ACCELERATION OF NINE (9) APPROVED CIP PROJECTS FROM FUTURE YEARS, WITH NO CHANGE TO THE APPROVED 2014-2018 CIP PROGRAM BUDGET


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, pursuant to Section 47 of the Port Act, the Board of Port Commissioners (BPC) is required to meet for the purposes of fixing the final Budget; and
WHEREAS, on June 10, 2014, pursuant to Ordinance 2766, the BPC adopted the Annual Budget for Fiscal Year 2014/2015 and on July 8, 2014, by Ordinance 2769 and on December 9, 2014 by Ordinance Nos. 2791 and 2792 amended the Budget; and
WHEREAS, the District's 2014-2018 Capital Improvement Program (CIP) includes the District's approved capital projects and the FY 14/15 Budget appropriated funds to cover the anticipated needs of the approved capital projects for the fiscal year; and
WHEREAS, due to accelerated schedules and recently approved new projects, several approved capital projects require additional funds within their project budgets, including Chula Vista Bayfront South Campus Pavement & Foundation Demo, Phase 4A; Chula Vista Bayfront "H" Street Extension; North Embarcadero Visionary Plan Phase 1; Broadway Pier Surface Enhancements & Security Fence Project; America's Cup Harbor Improvements - Phase 1 North Harbor Drive Realignment Project; Pond 20 Short Term Aesthetic Improvements Project; Date Avenue Street End Improvements Project; North Embarcadero Visionary Plan - Public Viewing Platform Project; Cruise Ship Terminal - Shore Power Project; and
WHEREAS, in order to maintain the construction activities and process payments, staff recommends reallocating the future fiscal year funds into the FY 14/15 budget, adding funding to FY 14/15 for projects recently added to the 2014-2018 CIP in the total amount of $5,335,900, with no change to the approved 2014-2018 CIP Program Budget.
NOW, THEREFORE, the Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. The San Diego Unified Port District's Fiscal Year 2014/2015 Budget is hereby amended by increasing the Capital Improvement Program appropriation by $5,335,900 from $20,775,100 to $26,111,000.
Section 2. That this ordinance shall take effect upon the 31st day from the date of its passage by the Board of Port Commissioners.

APPROVED AS TO FORM AND LEGALITY: GENERAL COUNSEL

PASSED AND ADOPTED by the Board of Port Commissioners of the San Diego Unified Port District, this 10th day of March, 2015, by the following vote:

AYES: Bonelli, Castellanos, Malcolm, Merrifield, Moore, Nelson, and Valderrama
NAYS: None.
EXCUSED: None.
ABSENT: None.
ABSTAIN: None.
SIGNED BY: Dan Malcolm, Chairman
ATTESTED BY: Timothy A. Deuel, District Clerk
Pub Mar 20 -00128727

SAN DIEGO UNIFIED PORT DISTRICT
ORDINANCE 2800


ORDINANCE GRANTING AMENDMENT NO. 2 TO LEASE WITH THE MARITIME MUSEUM ASSOCIATION OF SAN DIEGO, LOCATED AT 1492 NORTH HARBOR DRIVE IN SAN DIEGO, ESTABLISHING RENT FOR THE PERIOD OF JULY 1, 2014 THROUGH JUNE 30, 2024 AND ADDING NEW PERCENTAGE RENT CATEGORIES

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, the Maritime Museum Association of San Diego (Maritime Museum) operates a floating maritime history museum at 1492 North Harbor Drive in San Diego; and
WHEREAS, pursuant to its lease, a ten-year rent review is due for the period from July 1, 2014 through June 30, 2024; and
WHEREAS, the Maritime Museum has paid an average of $79,750 in rent per year over the past three years; and
WHEREAS, due to its non-profit status, this lease is not subject to Minimum Annual Rent (MAR) adjustments and there is no MAR for this lease; and
WHEREAS, staff proposes to add two new percentage rental rates: 10% for unrelated business income allowed under the lease and not otherwise provided for in the lease and approved by the District and 50% of the gross income from telecommunication uses; and
WHEREAS, the current and added percentage rental rates would collectively be consistent with Board-adopted percentage rental rates, with the exception of a blended food and beverage rate of 4%, which remains consistent with the District's treatment of the District's other non-profit museum, the USS Midway Museum; and
WHEREAS, the Maritime Museum has agreed to the proposed percentage rental rates.
NOW, THEREFORE, the Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. Amendment No. 2 to Lease with Maritime Museum Association of San Diego, located at 1492 North Harbor Drive in San Diego, establishing rent for the period of July 1, 2014 through June 30, 2024 and adding new percentage rent categories of 10% for unrelated business income allowed under the lease and not otherwise provided for in the lease and approved by the District and 50% of the gross income from telecommunication uses is hereby granted.
Section 2. The Assistant Executive Director or his designated representative is hereby directed to execute said Amendment No. 2 to the Lease.
Section 3. This Ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.

APPROVED AS TO FORM AND LEGALITY: GENERAL COUNSEL

PASSED AND ADOPTED by the Board of Port Commissioners of the San Diego Unified Port District, this 10th day of March, 2015, by the following vote:

AYES: Bonelli, Castellanos, Malcolm, Merrifield, Moore, Nelson, and Valderrama
NAYS: None.
EXCUSED: None.
ABSENT: None.
ABSTAIN: None.
SIGNED BY: Dan Malcolm, Chairman
ATTESTED BY: Timothy A. Deuel, District Clerk
Pub Mar 20 -00128728

SAN DIEGO UNIFIED PORT DISTRICT
ORDINANCE 2801

ORDINANCE AMENDING THE FY14/15 BUDGET, INCREASING THE FY14/15 CAPITAL MAJOR MAINTENANCE PROGRAM APPROPRIATIONS BY TRANSFERRING $350,000 FROM THE HARBOR POLICE ASSET FORFEITURE FUNDS PURSUANT TO BPC POLICY NO. 90


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, pursuant to Section 47 of the Port Act, the Board of Port Commissioners (BPC) is required to meet for the purposes of fixing the final Budget; and
WHEREAS, on June 10, 2014, pursuant to Ordinance 2766, the BPC adopted the Annual Budget for Fiscal Year 2014/2015 and on July 8, 2014, by Ordinance 2769, on December 9, 2014 by Ordinance Nos. 2791 and 2792, and on March 3, 2015 by Ordinance No. 2798 amended the Budget; and
WHEREAS, on December 9, 2014, the BPC adopted Ordinance No. 2792, adding the Harbor Police Modular Building project to the FY14/15 Major Maintenance Program with a budget amount of $175K and identified that additional funds would be needed and that the funds would be allocated from Harbor Police Asset Forfeiture Funds; and
WHEREAS, the project will provide and install a new modular office building, complete with office wall partitions, utilities, air conditioning, and other features necessary to make it ready for occupancy; and
WHEREAS, staff recommended that an additional $350,000 for the project be allocated from Harbor Police Asset Forfeiture Funds.
NOW, THEREFORE, the Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. The San Diego Unified Port District's Fiscal Year 2014/2015 Budget is hereby amended by increasing the Capital Major Maintenance appropriation by $350,000 by transferring such funds from the Harbor Police Asset Forfeiture Funds.
Section 2. That this ordinance shall take effect upon the 31st day from the date of its passage by the Board of Port Commissioners.

APPROVED AS TO FORM AND LEGALITY: GENERAL COUNSEL

PASSED AND ADOPTED by the Board of Port Commissioners of the San Diego Unified Port District, this 10th day of March, 2015, by the following vote:

AYES: Bonelli, Malcolm, Merrifield, Moore, Nelson, and Valderrama
NAYS: None.
EXCUSED: Castellanos.
ABSENT: None.
ABSTAIN: None.
SIGNED BY: Dan Malcolm, Chairman
ATTESTED BY: Timothy A. Deuel, District Clerk
Pub Mar 20 -00128730

SAN DIEGO UNIFIED PORT DISTRICT
ORDINANCE 2802

ORDINANCE GRANTING TEN-YEAR LEASE WITH TWO, FIVE-YEAR OPTIONS TO CALIBER BODY WORKS, INC. FOR AUTO BODY COLLISION REPAIR AT THE DISTRICT-OWNED BUILDING LOCATED AT 1411 W. PALM STREET IN SAN DIEGO, CALIFORNIA


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, the District owns a one acre upland property located at 1411 W. Palm Street in San Diego, California (Premises); and
WHEREAS, staff is recommending approval of a new lease (Lease) for the Premises with Caliber Body Works, Inc. (Caliber), the nation's largest auto collision repair company, for an initial lease term of 10 years, along with two, five-year options to extend; and
WHEREAS, Caliber will invest approximately $1 million into the Premises, including painting of the buildings, improvements to the interior office spaces, and installation of necessary equipment and fixtures; and
WHEREAS, Caliber will service damaged vehicles from personal owners, District rental car tenants, and Pasha Automotive Services; and
WHEREAS, Caliber will pay fixed rent to the District equal to $165,000 in Lease Year 1, $247,200 in Lease Year 2, and increasing by three percent (3%) each Lease year thereafter, including any options to extend; and
WHEREAS, Caliber will pay profit participation rent to the District equal to 2% of net profits starting with the first option extension period in the 11th Lease year, if exercised; and
WHEREAS, in consultation with California State Lands Commission staff (State Lands) regarding the intended use of the Premises and public trust consistency, State Lands recommended the District document its process to obtain Caliber as a tenant for the Premises, including (i) how long the Premises had been vacant, (ii) the District's effort and time spent marketing the Premises, (iii) how and why the District's efforts to obtain a higher priority, public trust use have not been possible, and (iv) Caliber's public trust nexus and how the location of the Premises is ideal for Caliber's use; and
WHEREAS, the Premises has been vacant since April 2012 and was subsequently marketed to find a tenant; and
WHEREAS, due to the upland location of the Premises away from the bay, and warehouse improvements, finding a higher priority, public trust use proved difficult and marketing efforts took place over two years before proposals from potential tenants were received; and
WHEREAS, Caliber's proposed use has been determined an appropriate, trust-consistent use for the Premises since it is in close proximity to rental cars, the airport and Caliber services certain damaged cars from Pasha Automotive Services; and
WHEREAS, in consultation with State Lands regarding the intended use of the Premises and public trust consistency, State Lands also recommended that the District make a reasonable effort to relocate or displace Caliber from the Premises should a higher priority, public trust, maritime-related, and/or water dependent use be presented to the District; and
WHEREAS, in the event the District receives an unsolicited proposal(s) for higher priority, public trust, maritime-related, and/or water dependent use, staff may present the proposal(s) to the Board and recommend further direction from the Board, which recommendation could involve the District's use of eminent domain to re-acquire the leasehold.
NOW, THEREFORE, the Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. That a 10-year Lease with two, five-year options to Caliber Body Works, Inc. for auto body collision repair at the District-owned building located at 1411 W. Palm Street in San Diego, California is hereby granted.
Section 2. The Assistant Executive Director or his designated representative is hereby directed to execute said Lease.
Section 3. This Ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.

APPROVED AS TO FORM AND LEGALITY: GENERAL COUNSEL

PASSED AND ADOPTED by the Board of Port Commissioners of the San Diego Unified Port District, this 10th day of March, 2015, by the following vote:

AYES: Bonelli, Castellanos, Malcolm, Merrifield, Moore, Nelson, and Valderrama
NAYS: None.
EXCUSED: None.
ABSENT: None.
ABSTAIN: None.
SIGNED BY: Dan Malcolm, Chairman
ATTESTED BY: Timothy A. Deuel, District Clerk
Pub Mar 20 -00128740

SAN DIEGO UNIFIED PORT DISTRICT
ORDINANCE 2803

ORDINANCE AMENDING THE FY 14/15 ENVIRONMENTAL AND LAND USE MANAGEMENT DEPARTMENT'S PERSONNEL BUDGET TO INCREASE STAFFING BY THREE (3) POSITIONS AND BY TRANSFERRING $275,000 FROM THE ORDINARY ANNUAL EXPENSES - PERSONNEL APPROPRIATIONS TO THE CAPITAL OUTLAY BUDGET - EQUIPMENT OUTLAY APPROPRIATIONS IN ACCORDANCE WITH BPC POLICY NO. 090


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, pursuant to Section 47 of the Port Act, the Board of Port Commissioners (BPC) is required to meet for the purposes of fixing the final Budget; and
WHEREAS, on June 10, 2014, pursuant to Ordinance 2766, the BPC adopted the Annual Budget for Fiscal Year 2014/2015 and on July 8, 2014, by Ordinance 2769 and on December 9, 2014, by Ordinance Nos. 2791 and 2792 and on March 3, 2015 by Ordinance No. 2798 amended the Budget; and
WHEREAS, as presented to the BPC at the February 10, 2015 BPC meeting staff recommended adding three (3) positions to the Environmental and Land Use Management Department (ELUM) due to a significant imbalance in workload and staffing; and
WHEREAS, based on BPC direction staff recommends amending the FY 14/15 ELUM's personnel budget to increase staffing by three (3) positions; and
WHEREAS, on August 12, 2014, the BPC authorized an agreement in the amount of $250,000 with Michael Leaf Design on a concept for a monument that would commemorate the recent removal of the decommissioned South Bay Power Plant in Chula Vista, a project estimated to total $275,000; and
WHEREAS, related to this project, staff recommends a transfer within the FY 14/15 Budget of $275,000 from Personnel Appropriations of the Ordinary Annual Expense item to the Equipment Outlay Appropriations in Accordance with BPC Policy No. 090.
NOW, THEREFORE, the Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. The San Diego Unified Port District's Fiscal Year 2014/2015 Budget is hereby amended to increase the Environmental and Land Use Management Department's staffing by three (3) positions and by transferring $275,000 from the Ordinary Annual Expenses - Personnel Appropriations to the Capital Outlay Budget - Equipment Outlay Appropriations in accordance with BPC Policy No. 090.
Section 2. That this ordinance shall take effect upon the 31st day from the date of its passage by the Board of Port Commissioners.

APPROVED AS TO FORM AND LEGALITY: GENERAL COUNSEL

PASSED AND ADOPTED by the Board of Port Commissioners of the San Diego Unified Port District, this 10th day of March, 2015, by the following vote:

AYES: Bonelli, Castellanos, Malcolm, Merrifield, Moore, Nelson, and Valderrama
NAYS: None.
EXCUSED: None.
ABSENT: None.
ABSTAIN: None.
SIGNED BY: Dan Malcolm, Chairman
ATTESTED BY: Timothy A. Deuel, District Clerk
Pub Mar 20 -00128741


Port of San Diego
PUBLISHED: Friday March 20, 2015


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