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Port of San Diego
PUBLISHED: Thursday May 17, 2012

SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2667

ORDINANCE GRANTING LEASE AMENDMENT NO. 1 TO LEASE WITH SILVER GATE YACHT CLUB TO UPDATE TO CURRENT LEASE PROVISIONS

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 30.5(e) of the Port Act states any property acquired by the District shall become an asset of the public trust and be subject to Section 87; 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, on May 8, 2007, the Board of Port Commissioners (Board) approved Ordinance 2451, an Option to Lease Agreement (Option) with Silver Gate Yacht Club (Silver Gate) for a new 40-year lease and granted concept approval for a total redevelopment of the clubhouse and marina for a $6 million project located at 2091 Shelter Island Drive, San Diego; and
WHEREAS, on March 3, 2009, the Board approved Ordinance 2555 rescinding Ordinance 2451 and granted Silver Gate a lease agreement for a new 15-year lease with an option for an additional 25-year extension which split the redevelopment into two (2) phases; and
WHEREAS, Phase I of the construction, which consisted of new marina improvements in the sum of $3.6 million, was completed in early 2009; and
WHEREAS, Silver Gate is now ready to complete its new clubhouse with a construction estimate of $3 million, which will qualify for an additional 25-year term upon completion of the clubhouse improvements scheduled for June 2013; and
WHEREAS, Silver Gate is requesting the District consent to a loan to it from US Bank to construct the new clubhouse building in an amount not to exceed $4 million; and
WHEREAS, the District's lease with Silver Gate provides that as a condition of the lease encumbrance that the lease language be updated to current District standards including updated indemnity language requiring Silver Gate to cover any costs associated with processing environmental and coastal approvals as well as the inclusion of new labor and marina audit language.
NOW, THEREFORE, the Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. That Amendment No. 1 to the Lease Agreement between the San Diego Unified Port District and the Silver Gate Yacht Club, is granted.
Section 2. The Executive Director or his designated representative is hereby directed to execute Amendment No. 1 to the Lease Agreement with the Silver Gate Yacht Club on behalf of the District.
Section 3. This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.

AYES-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. May 17 -00099099

SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2668

ORDINANCE AMENDING SECTION 8.15 OF THE SAN DIEGO UNIFIED PORT DISTRICT (UPD) CODE -
PARKING REGULATIONS ENFORCEMENT

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 21 of the Port Act authorizes the Board of Port Commissioners (Board) to pass all necessary ordinances and resolutions for the regulation of the District; and
WHEREAS, staff recommends that UPD Code Section 8.15 be amended to conform to state mandates regarding parking citation payments and appeal due dates pursuant to Vehicle Code Section 40202 - Notice of Parking Violation, Section 40207 - Contents of Notice of Delinquent Violation, and Section 40215 - Contesting Parking Violation Procedure - all of which state that a parking penalty must be paid or contested within twenty-one (21) calendar days from the date of the issuance of the citation or fourteen (14) calendar days after the mailing of the notice of parking violation; and
WHEREAS, currently, both the District and the City of San Diego allow thirty (30) calendar days from the date of issuance of the citations or twenty-one (21) calendar days after the mailing of the notice of parking violation; and
WHEREAS, the San Diego City Council recently adopted a resolution to modify the parking citation timelines to conform to those of the State of California, which will go into effect on July 1, 2012.
NOW THEREFORE, the Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1.

SECTION 8.15 - PARKING REGULATIONS - ENFORCEMENT

(a) Every Harbor Police Officer or District employee charged with and assigned to the enforcement of provisions of this Code relating to illegal parking, the provisions of the California Vehicle Code, and other laws of the State of California applicable to parking violations within the jurisdiction of the San Diego Unified Port District, shall have the duty, when any vehicle is illegally parked, to issue written notice of violation thereof stating the State vehicle license number, make of such vehicle, the time and date of such illegal parking, meter number, street location, and reference to the appropriate section of the Code and fixing a time and place for appearance by the registered owner to answer said notice. Such notice shall be attached to said vehicle either on the steering post or front door handle thereof or in such other conspicuous place upon the vehicle as to be easily observed by the person in charge of such vehicle upon his return thereto.
(b) For the purpose of regulating the use of streets and traffic thereon and as a deterrent to illegal parking, the following fees are established:

San Diego Unified Port District Violation Within 21 Days of After 21 Days After 56 Days
Code Sections Issuance

8.11 Out-of-Stall $ 35.00 $ 70.00 $ 80.00
8.12 Expired Meter $ 25.00 $ 50.00 $ 60.00
8.13 Overtime at Meter $ 35.00 $ 70.00 $ 80.00
8.16(a) Signs or Curb $ 35.00 $ 70.00 $ 80.00
Markings Other
Than Red Zones

8.16(b) Red Zones $ 60.00 $120.00 $130.00

The owner or operator of said vehicle may elect to mail said fees within the time established for payment thereof in accordance with the information specified in the notice of violation, provided, however, said owner or operator shall be and remain responsible for the delivery thereof.
(c) Failure to pay the appropriate fee as provided herein or failure to contest the violation in accordance with the information specified in the notice of violation will result in proceeding against the registered owner and or the vehicle operator for violation of the appropriate Code Section in accordance with the provisions of Section 40220 of the Vehicle Code of the State of California.
(d) A State mandated surcharge of Twelve Dollars and Fifty Cents ($12.50) will be assessed on each parking citation issued in accordance with California Government Code Section 70372(b), Sections 76000, 76100 and 76101. This surcharge, or a portion of the surcharge, will be assessed as long as the applicable statute(s) require that the surcharge be assessed,

Section 2. This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.

AYES-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. May 17 -00099100


Port of San Diego
PUBLISHED: Thursday May 17, 2012


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