PUBLIC NOTICES
Published In The Daily Transcript
Advertised public notices, printed in a newspaper of general circulation, are required by California law. Within the individual category, notices are arranged by print publish day in reverse chronological order.
Online, on a selected date, the notices are arranged in alphabetical order.

Port of San Diego
PUBLISHED: Friday August 15, 2008

SAN DIEGO UNIFIED PORT DISTRICT
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ORDINANCE 2511   

AN ORDINANCE AMENDING ANNUAL BUDGET FOR FISCAL YEAR 2008-2009
 
WHEREAS, an Initiative entitled "The Port of San Diego Marine Freight Preservation and Bayfront Redevelopment Initiative" (Initiative) has been noticed and circulated by an entity known as "San Diego for Community Solutions, LLC" (Proponents) to amend the Master Plan of the San Diego Unified Port District (District); and
WHEREAS, said Initiative received the requisite number of signatures of voters residing in the Cities of Chula Vista, Coronado, Imperial Beach, National City and San Diego, the five (5) cities that make up the District; and
WHEREAS, said Initiative is to be placed on the ballot of the Presidential General Election to be held on November 4, 2008; and
WHEREAS, it has been determined that the District desires to place the Initiative on said November 4, 2008, ballot using a summary version of said Initiative; and
WHEREAS, it will be necessary for the District to pay members of the precinct boards, the polling place rentals, the persons returning the ballot containers, and to pay all other costs of the election incurred as the result of the services performed for the District and The Port of San Diego Marine Freight Preservation and Bayfront Redevelopment Initiative, and pay for the election officials the amounts prescribed by the Board of Supervisors of the County of San Diego; and
WHEREAS, on 1 July 2008, pursuant to Ordinance 2509, the Board of Port Commissioners of the District adopted the Annual Budget for the operation of the District for Fiscal Year 2008-2009; and
WHEREAS, it will be necessary to amend the District's Annual Budget for the operation of the District for Fiscal Year 2008-2009 to cover the costs associated with said Initiative; said budget is on file in the office of the District Clerk; and
WHEREAS, the District desires to amend the Ordinary Annual Expenses  portion of said budget by increasing the amount authorized by Four Hundred Thirty Five Thousand Dollars ($435,000.00) to provide for placing the summary version of said Initiative on the ballot and for payment for members of the precinct boards, the polling place rentals, the persons returning the ballot containers, and to pay all other costs of the election incurred as the result of the services performed for the District and The Port of San Diego Marine Freight Preservation and Bayfront Redevelopment Initiative, and pay for the election officials the amounts prescribed by the Board of Supervisors of the County of San Diego, NOW, THEREFORE,
The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. That the Annual Budget for Fiscal Year 2008-2009 is hereby amended by increasing the amount of funds previously appropriated for Ordinary Annual Expenses by Four Hundred Thirty Five Thousand Dollars ($435,000.00), as follows:
Ordinary Annual Expenses             $ 141,966,400
Capital Outlay                                   26,407,000
Capital Major Maintenance                10,034,200
Equipment Outlay                                1,529,400
Debt Service - Principal                       5,533,300
Public Art Projects                                 218,900
                                                    ___________
                                Total           $ 185,689,200
Section 2. This ordinance is declared to take effect upon its publication, pursuant to the provisions of Section 21 of the San Diego Unified Port District Act.
YEAS-Bixler, Black, Cushman, Najera, Spane, Rios, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-None
SIGNED BY: Michael B. Bixler, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. August 15-00045736

SAN DIEGO UNIFIED PORT DISTRICT
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ORDINANCE 2512

 AN ORDINANCE GRANTING A LEASE TO NATIONAL STEEL AND
SHIPBUILDING COMPANY
   The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. That lease agreement between the San Diego Unified Port District and National Steel and Shipbuilding Company, a Nevada corporation, in substantially the form presented to and considered at the meeting of the Board of Port Commissioners held on August 5, 2008, and subject to the approval of the Executive Director of the District and the Port Attorney, on file in the office of the District Clerk, leasing certain premises located to the south of Harbor Drive, on Belt Street and Sicard Street, in the City of San Diego, is hereby approved and granted.
Section 2. The Executive Director or his authorized representative is hereby directed to execute the said lease agreement with National Steel and Shipbuilding Company 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.
YEAS-Bixler, Black, Cushman, Najera, Spane, Rios, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-None
SIGNED BY: Michael B. Bixler, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. August 15-00045737

SAN DIEGO UNIFIED PORT DISTRICT
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ORDINANCE 2513

 AN ORDINANCE AMENDING  CONFLICT OF INTEREST CODE  OF THE SAN DIEGO UNIFIED PORT DISTRICT A PUBLIC AGENCY
 
  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 Assigned Disclosure Categories, and by amending Appendix C thereto, entitled Consultant Disclosure.
Section 2. This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.
YEAS-Bixler, Black, Cushman, Najera, Spane, Rios, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-None
SIGNED BY: Michael B. Bixler, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. August 15-00045738

SAN DIEGO UNIFIED PORT DISTRICT
 ---
ORDINANCE 2514

 AN ORDINANCE GRANTING A NON-EXCLUSIVE EASEMENT TO CALIFORNIA AMERICAN WATER COMPANY
  The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1.   The Non-Exclusive Easement between the San Diego Unified Port District and California American Water Company, a California corporation, for the non-exclusive purposes of construction, operation, maintenance, repair, replacement and inspection of water line facilities and appurtenances, in substantially the form presented to and considered at the meeting of the Board of Port Commissioners held on August 5, 2008, for approximately 13,764 square feet tideland area located in the City of Coronado, 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 California American Water Company 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.
YEAS-Bixler, Black, Cushman, Najera, Spane, Rios, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-None
SIGNED BY: Michael B. Bixler, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. August 15-00045740

SAN DIEGO UNIFIED PORT DISTRICT
 ---
ORDINANCE 2515

 AN ORDINANCE GRANTING A NON-EXCLUSIVE EASEMENT TO THE CITY OF CORONADO
The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. The Non-Exclusive Easement between the San Diego Unified Port District, a public corporation, and the City of Coronado, a municipal corporation, for the non-exclusive purposes of construction, operation, maintenance, repair, replacement and inspection of fiber optics facilities and appurtenances, covering approximately 12,339 square feet of tideland area located in the City of Coronado, 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 Coronado 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.
YEAS-Bixler, Black, Cushman, Najera, Spane, Rios, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-None
SIGNED BY: Michael B. Bixler, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. August 15-00045743

SAN DIEGO UNIFIED PORT DISTRICT
 ---
ORDINANCE 2516

 AN ORDINANCE AUTHORIZING AN AGREEMENT FOR AMENDMENT OF OPTION AGREEMENT BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND SEAPORT VILLAGE OPERATING CO., LLC, AMENDMENT NO. 9
The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. That the Option to Lease Agreement dated 11 January 2005 between the San Diego Unified Port District and Seaport Village Operating Co., LLC, a Delaware limited liability company, is hereby amended in accordance with Agreement For Amendment of Option Agreement Between San Diego Unified Port District and Seaport Village Operating Co., LLC, Amendment No. 9, 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, Najera, Spane, Rios, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-None
SIGNED BY: Michael B. Bixler, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. August 15-00045745

SAN DIEGO UNIFIED PORT DISTRICT
---
ORDINANCE 2517

  AN ORDINANCE AMENDING ARTICLE 8 OF THE SAN DIEGO UNIFIED PORT DISTRICT CODE
The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. Article 8 of the San Diego Unified Port District Code is hereby amended by amending Section 8.02, Park Areas Regulated, Subsection (b)3, to read as follows:
  "SEC. 8.02  - PARK AREAS REGULATED
    "(b) Within the limits of a Public Park of the District:
     * * *
     "3. No person shall land, release, take off or fly any balloon (except childrens' toy balloons not inflated with any flammable material), helicopter, parakite, hang glider, aircraft or powered models thereof except by permit duly issued by the Executive Director."
Section 2. This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.
YEAS-Bixler, Black, Cushman, Najera, Spane, Rios, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-None
SIGNED BY: Michael B. Bixler, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. August 15-00045747

SAN DIEGO UNIFIED PORT DISTRICT
---
ORDINANCE 2518
AN ORDINANCE AUTHORIZING AN AGREEMENT FOR AMENDMENT  OF OPTION AGREEMENT BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND FIFTH AVENUE LANDING, LLC AMENDMENT NO. 4
WHEREAS, the San Diego Unified Port District (District) and Fifth Avenue Landing, LLC, a California limited liability company, are parties to an Option Agreement dated 7 October 2003, as amended, to lease certain District premises located bayward of Convention Way and Marina Park Way, in the City of San Diego, for the purposes of a hotel that meets or exceeds the service quality standards of a Conrad Hotel and related activities; and
WHEREAS,  pursuant to Resolution 2008-85, adopted 6 May 2008, the Board of Port Commissioners (Board) of District consented to the Assignment and Assumption of said Option Agreement, as amended, to Spinnaker Waterfront Hotel, LLC, a California limited liability company, said Assignment and Assumption is on file in the office of the District Clerk as Document No. 53427; and
WHEREAS, pursuant to Ordinance 2498, adopted 6 May 2008, the Board further amended said Option Agreement by the adoption of Agreement for Amendment of Option Agreement, Amendment No. 3, with said Spinnaker Waterfront Hotel, LLC,  as successor to said Fifth Avenue Landing, LLC, said Amendment No. 3 is on file in the office of the District Clerk as Document No. 53429; and
WHEREAS, the assignment and assumption of said Option Agreement, as amended, has not been finalized and escrow has not closed, and Fifth Avenue Landing, LLC desires to enter in Amendment No. 4 to said Option Agreement to provide for the extension of the term of said Option Agreement from July 31, 2008, to July 31, 2009, and for extending each of the dates in Subparagraphs 4.c., 4.d., and 4.f., through 4g., inclusive, to allow additional time to finalize the assignment of said Option Agreement, NOW, THEREFORE,
The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1.   The Option Agreement dated 7 October 2003 between the San Diego Unified Port District and Fifth Avenue Landing, LLC, a California limited liability company, is hereby amended in accordance with Agreement for Amendment of Option Agreement, Amendment No. 4, on file in the office of the District Clerk; provided, however, in the event escrow closes and the Spinnaker Waterfront Hotel, LLC becomes the Optionee under said Option Agreement, as amended, Amendment No. 4 shall be immediately terminated upon close of escrow and superseded with said Agreement for Amendment of Option Agreement, Amendment No. 3, with Spinnaker Waterfront Hotel, LLC.
Section 2.   This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.
YEAS-Bixler, Black, Cushman, Najera, Spane, Rios, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-None
SIGNED BY: Michael B. Bixler, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. August 15-00045748


Port of San Diego
PUBLISHED: Friday August 15, 2008


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