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: Thursday September 19, 2013

SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2735

AN ORDINANCE ESTABLISHING A SCHEDULE OF COMPENSATION FOR OFFICERS AND EMPLOYEES OF THE SAN DIEGO UNIFIED PORT DISTRICT

The Board of Port Commissioners (“Board”) of the San Diego Unified Port District (“District”) does ordain as follows:

Section 1. SCHEDULES OF COMPENSATION RANGES:

The Annual Salary Ranges for Principal Administrators, Assistants, Professional, Technical and Clerical, attached hereto as Exhibit B, is hereby approved and adopted. The Salary Schedule by Range and Step for all Step Employees, except Step Peace Officers, attached hereto as Exhibit C, is hereby approved and adopted. The Salary Schedule by Range and Step for all Step Peace Officers, attached hereto as Exhibit D, is hereby approved and adopted.

Section 2. CLASSES OF EMPLOYMENT:

The List of Classifications, attached hereto as Exhibit A, is hereby adopted.

Section 3. WORK PERFORMED:

All officers and employees shall receive the salaries provided herein as compensation in full for work performed by them, except as hereinafter provided.

Section 4. PART-TIME SERVICE:

Where employment is on a part-time basis, compensation shall be prorated on the basis of actual time worked.

Section 5. HOLIDAY PAY:

a) Holiday off. Any full-time non-exempt employee whose regularly scheduled day off falls on a District holiday, may elect to receive holiday pay in cash or may elect to accrue eight (8) hours of annual leave, subject to sub-paragraph e) below. Any full-time non-exempt employee on a 9/80 alternate work week schedule may elect to either take another day off, accrue eight (8) hours of annual leave, or receive holiday pay in cash subject to subparagraph e) below.

b) Holiday work. Any full-time non-exempt employee who is required by his/her supervisor to work on a District holiday, and who does work at least an eight (8) hour shift on such holiday, shall be entitled to the following: (1) cash of no more than the number of hours actually worked in accordance with the provisions of this section; and (2) cash or annual leave time off for holiday pay compensation, subject to sub-paragraph e) below.

c) Illness on a holiday. Any full-time non-exempt employee who is required by his/her supervisor to work on a District holiday, but because of illness, does not work or works any hours less than an eight (8) hour shift, shall not be entitled to sick leave or other paid leave for the holiday, but shall be granted compensation only for the holiday pay and any hours actually worked on the holiday.

d) Premium Holiday Pay. Any full-time non-exempt employee shall, in addition to the employee's regular compensation for hours actually worked on a holiday, be entitled to compensation in cash at one and one-half (1½) times their regular rate of pay for the number of hours actually worked.

e) Annual Leave Restriction. For full-time employees who have reached the annual leave accrual maximum, the choice of cash or time off for holidays as defined in this Section 5 is restricted to cash only, until the employee's accrual drops below the maximum.

f) Part-time employees are not eligible to receive holiday pay. Part-time employees working on a District designated holiday will receive non-overtime compensation.

g) Special Provisions for Law Enforcement. This provision covers any full-time sworn officer who is not authorized and required to work on a District holiday. A holiday that falls on an administrative officer’s regularly assigned 4/10 plan work shift may result in less than eighty (80) hours of regular pay during the pay period for such officer. Due to special needs of law enforcement, such officer shall be entitled to two (2) hours of holiday pay, in addition to eight (8) hours of holiday pay as provided elsewhere in this section, to reach eighty (80) hours for the pay period. Additionally, officers assigned to administrative positions will be allowed to work, on a voluntary basis, on any Port designated holidays that fall on the officers’ regularly scheduled work day.

Section 6. EDUCATIONAL INCENTIVE PAY:

a.) Any sworn officer, except sworn part-time officers, in the Harbor Police Department, upon meeting the necessary criteria as established by the Executive Director, shall be entitled to receive educational incentive pay based on the following schedule:

a) Intermediate P.O.S.T. – Two hundred seventy-five dollars ($275.00) per month

b) Advanced P.O.S.T. – Three hundred seventy-five dollars ($375.00) per month

b.) Dispatchers Education Achievement – Any employee in the Dispatcher, Lead Dispatcher or Dispatch Supervisor classification that obtain their P.O.S.T. Dispatcher Intermediate or Advanced Certificate will receive a one-time, non-pensionable Education Achievement stipend based on the following schedule:

a) Intermediate Certificate – Four Hundred dollars ($400.00)

b) Advanced Certificate – Seven Hundred dollars ($700.00)

Section 7. DEDUCTIONS:

The Director of Human Resources shall make deductions from salaries of officers and

employees, which deductions are required by law and including without limitation various insurance plans of the District, retirement deductions, employee contributions to community wide charitable organizations, employee organization dues, and others based upon the compensation paid such officers and employees pursuant to this Salary Ordinance, as may be amended from time to time.

Section 8. HEALTH AND WELFARE BENEFITS:

Classified and Unclassified full-time and limited employees of the District shall be entitled to the following benefits:

a) Health Insurance. The District shall pay the entire monthly premium cost for any employee enrolled in the Health Maintenance Organization (HMO) insurance plan. All employees enrolled in the Preferred Provider Organization (PPO) Plan will be required to pay an additional $100 monthly contribution to subsidize the cost of the employee-only coverage. The District shall also pay approximately fifty-five percent (55%) of the premium for dependent coverage in either the HMO or PPO insurance plan.

b) Dental Insurance. The District shall pay the entire employee premium cost for any District authorized dental plan. The District shall also pay approximately fifty-five percent (55%) of the premium for dependent coverage for any District authorized dental plan.

c) Life Insurance. For all classified employees, the District shall pay the entire premium on the District sponsored twenty thousand dollar ($20,000.00) term-life insurance program. For Unclassified employees, the District shall pay the entire premium on any District sponsored unclassified employees life insurance program for coverage of approximately one half (½) annual base wages, not to exceed maximum coverage of fifty thousand dollars ($50,000.00) or a minimum of twenty thousand dollars ($20,000.00). Coverage exists for Executive Vice Presidents, Vice Presidents and their equivalent at two (2) times their annual salary, and Board Appointees at two and one-half (2.5) times their annual salary.

d) The District shall pay the entire premium cost for any District authorized Employee Assistance Program (EAP).

e) The District shall pay the entire premium cost for all non-sworn employees for any District authorized short-term disability plan.

f) Alternative Transportation/Commuter Pass Reimbursement: The Director of Human Resources shall reimburse a percentage of the cost for any public bus, commuter train and/or trolley monthly pass used solely for commuting to and from the worksite to any employee who is not required to drive his/her private vehicle to the worksite, subject to all other terms of any Transit/Commuter Pass Program established by the Executive Director. Eligibility for this benefit and the percentage reimbursed is defined in Administrative Procedure 128-231.

g) Wellness Reimbursement: The Director of Human Resources shall reimburse up to Two Hundred Dollars ($200.00) per employee, per year for Wellness Activities, subject to all terms of any Wellness Reimbursement Program established by the Health Benefits Committee and the Executive Director. Eligibility for this benefit is defined in Administrative Procedure No. 128-271.

h) Part-Time Employees: Part-time employees may be eligible for “core benefits” as defined in District Administrative Procedure No. 128-270.

Section 9. SAFETY EQUIPMENT:

Any employee designated by the Executive Director shall be reimbursed an amount, per year, not to exceed one hundred seventy-five ($175.00), to be spent in accordance with any Safety Equipment Reimbursement Program established by the Executive Director.

Section 10. INCREASES:

In fixing and approving the salary ranges for employees in the Step System, the Board has recognized the necessity to increase certain salaries heretofore paid and in so doing it has intended and does hereby intend, in fixing said ranges, that where a salary range of pay has been increased from that heretofore paid, said employee, whose rate of pay has thus been increased, shall be entitled to the new rate intended, and that such new rate of pay shall be fixed so as to apply to that same step under the new salary range that was occupied under the old range.

Section 11. DIFFERENTIAL FOR LEAD FOR CERTAIN CLASSES IN GROUP D – GENERAL CLERICAL, GROUP E - SECURITY, AND GROUP F - MAINTENANCE:

Full-time employees in classes D465-CNR03 (Community Service Officer), E510-CNR03 (Harbor Police Sergeant), F622-CNR03 (Plumber), F621-CNR03 (Electrician), F620-CNR03 (Maintenance Mechanic), F626-CNR03 (Lead Equipment Operator), F628-CNR03 (Equipment Operator), F633-CNR03 (Painter), F640-CNR03 (Lead Maintenance Worker), F645-CNR03 (Maintenance Worker II), F654-CNR03 (Lead Gardener), and F670-CNR03 (Custodian) when assigned as the responsible lead person for an entire evening, night, weekend or holiday shift, whenever a supervisory class is not on said shift assignment, or when assigned as lead person for the custodial crew on general tidelands or at the District Administration Building, or when assigned as the Harbor Police Watch Commander, shall be paid at a rate approximately five percent (5%) higher than the employee's current rate of pay for said classes. This Section shall not be applicable to classes F640-CNR03 (Lead Maintenance Worker) and F645-CNR03 (Maintenance Worker II) when said classes are receiving a differential as provided by Section 16 of this Ordinance. Employees receiving a lead differential under the provisions of this Section shall not receive the differential for any paid time off nor for time worked while in the Return-to-Work Program.

Section 12. DIFFERENTIAL FOR SPECIAL TASKS:

Any willing full-time employee in Group F - Maintenance shall be entitled to a five percent (5%) differential, in addition to the salary prescribed for his/her class by Exhibits A and C, during such hours said employee is assigned to fuel truck driver functions, locksmith functions, or backflow repair functions, or overseeing the work of a County Workfare crew and provided said employee is properly trained and, if applicable, certified with prior approval of the Executive Director to perform said assigned functions. Said differential shall be paid in increments of not less than one (1) hour periods. Employees receiving a differential under the provisions of this Section shall not receive the differential for any paid time off nor for time worked while in the Return-to-Work Program.

Any Public Safety Dispatcher (D460-CNRO3) or Lead Public Safety Dispatcher (B264-CNR06) assigned as a Communication Training Officer working with a Public Safety Dispatcher in training will be paid one dollar and twenty-five cents ($1.25) per hour while performing the duties. The one dollar and twenty-five cents ($1.25) per hour will not be paid for any time off and will not be considered pensionable earnings for purposes of calculating retirement. Special Training Pay of one dollar ($1.00) per hour shall be paid to any employee in General Services & Procurement and Maritime Operations for the following special tasks: 1) Appointing Authority assigned and authorized training which applies only to the training of employees outside of the trainer's classification for skill improvement or in areas of mandatory compliance; or the training of employees within the trainer's classification where assigned by Appointing Authority for the specific purpose of acquiring new skills. 2) Special Training Pay will not be provided for remedial training of employees or for task/job orientation training that is considered part of the trainer's existing job duties. 3) The trainer will be required to sign off on the Special Training provided. The one-dollar ($1.00) per hour will not be paid for any time off and will not be considered pensionable earnings for purposes of calculating retirement.

Section 13. OUT-OF-CLASS COMPENSATION AND ACTING PAY:

Any willing full-time employee, not on “light duty”, who is temporarily assigned to a classification in a higher Standard Range or Band, and who meets all requirements of Rule 9, Section 10 of the Personnel Rules and Regulations of the District, or all such requirements in any Memorandum of Understanding, shall receive out-of-class compensation. Such compensation shall be five percent (5%) higher than the rate for which the employee is regularly assigned commencing from the date of such out-of-class assignment. For assignments over thirty (30) days, compensation shall be the higher of either the rate of compensation of such acting assignment, or at least five percent (5%) higher than the rate for which the employee is regularly assigned, commencing from the date of such acting assignment. No such scheduled out-of-class or acting assignments shall be made without written consent of the affected employee and prior approval of the Executive Director.

The provisions of this Section shall not be applicable to employees in Maintenance Worker classes F650-CNR03 (Maintenance Worker I) and F645-CNR03 (Maintenance Worker II) when assigned to higher Maintenance Worker classes for exclusively the purpose of receiving promotional training, nor shall this Section be construed to abrogate any provisions of the Personnel System Rules and Regulations of the District. An employee in the Public Safety Dispatcher classification (D460-CNR03) who is the most senior dispatcher on duty will be paid 5% above their regular rate of pay when there is no lead dispatcher or supervisor on duty for three consecutive work shifts.

Section 14. ADVANCEMENT WITHIN RANGE:

Advancement within the ranges shall be made as prescribed by the Personnel System Rules and Regulations of the District.

Section 15. SALARY OR LEAD FOR DIVING:

a) Except for Group E – Peace Officer, any employee in the Classified Service shall be paid ten dollars ($10.00) per hour, in addition to the salary prescribed for his/her class by Exhibits A and C, during such time the employee is engaged in diving operations for the purpose of performing engineering and maintenance operations, surveys and/or inspections. "Diving Operations" means the time spent in the water, time rigging diving equipment between dives, time spent decompressing following dives, and time spent by any trained and fully qualified diver, who is a current member of the dive team, performing as the "surface tender" for the dive team during a dive.

b) Group E – Peace Officer, any full-time employee shall be paid at a rate approximately five percent (5%) higher than the employee’s current rate for said class when regularly assigned to the Harbor Police dive team.

c) Any willing employee in the Classified Service shall be entitled to a five percent (5%) differential paid in addition to the employee's combined salary prescribed for his/her class and any differential or Salary for Diving, during such time as the employee is performing as the lead person in charge of the diving operations, provided said employee is fully trained and qualified as a diver.

Section 16. SALARY FOR BOAT OPERATION:

Upon request of the Director of General Services & Procurement and approval of the Executive Director, an employee, when assigned as the designated Maintenance Boat Operator, shall be paid fifty cents ($0.50) per hour above his/her assigned rate of pay during such time such employee is engaged in boat operations for the purpose of performing maintenance on other than the boat itself. The total number of employees qualifying for this extra pay shall not exceed one (1) at any one time.

Section 17. DIFFERENTIAL FOR CERTAIN ASSIGNMENTS:

Any full-time employee in Group E – Peace Officer or in classes F640-CNR03 (Lead Maintenance Worker), F645-CNR03 (Maintenance Worker II), F654-CNR03 (Lead Gardener), and F650-CNR03 (Maintenance Worker I) shall be paid at a rate approximately five percent (5%) higher than the employee's current rate for said class when regularly assigned to the Harbor Police Canine team, or as the General Services & Procurement railroad repair worker, fire extinguisher maintenance or pest control advisor. Except for Group E – Peace Officer, the total number of employees qualifying for this extra pay shall not exceed one (1) in each above-mentioned class at any one time. Except for Group E – Peace Officer, no differential shall be due for time worked while in the Return-to-Work Program.

A Field Training Officer (FTO) Differential of one dollar and fifty cents ($1.50) per hour shall be paid to any Harbor Police Officer in class E515-CNR03 (Harbor Police Officer) when assigned as the FTO working with a Harbor Police trainee as provided elsewhere in Section 19. The FTO Differential shall not be paid for any paid time off. Any full-time employee in Group E – Peace Officer shall be paid a differential of one dollar ($1.00) per hour when regularly assigned to one of the following administrative assignments: Investigations, Training Coordinator, Fire Training Coordinator, Joint Terrorism Task Force (JTTF), Marine Task Force (MTF), Narcotics Task Force (NTF), Training Sergeant, Homeland Security Officer and Sergeant, Internal Affairs (IA) Sergeant, Investigations Sergeant, Academy Training Officer or Bay Control Officer. These differentials shall not be paid for any paid time off.

Section 18. MANDATED HARBOR POLICE INSTRUCTION:

Any employee in classes E510-CNR03 (Harbor Police Sergeant), E515-CNR03 (Harbor Police Officer), E505-CNR03 (Harbor Police Corporal) and E520-CNR03 (Harbor Police Lieutenant), while engaged in classroom instruction not scheduled during a normal average work week and average work day and mandated by Federal or State law or District requirements, shall be compensated at one and one-half (1½) times the regular rate for no more than the actual number of hours of such instruction.

Section 19. TRAINEE COMPENSATION FOR CERTAIN HARBOR POLICE OFFICERS AND OTHER CLASSIFICATIONS:

a) Any Harbor Police Officer in class E515-CNR03 (Harbor Police Officer) who is hired on or subsequent to October 1, 1979 shall be paid at a rate of pay approximately ten percent (10%) below the Standard Range of Pay established for his/her class until said Officer has satisfactorily completed certain training as determined by the Executive Director. Nothing in this Section shall preclude said Officer from advancement within range as prescribed by the Personnel Rules and Regulations.

b) The Executive Director shall have the right to designate any classification as trainee. A trainee’s pay rate will be established on a case-by-case basis by considering the following criteria: 1.) where the employee falls in his/her current salary range; 2.) salaries of other employees in the department, including those within the same classification and that of subordinate employees; 3.) current or possible compaction issues; and 4.) timing of any other applicable pay increases.

Section 20. DIFFERENTIAL FOR BILINGUAL ABILITY:

1) Any full-time employee in Harbor Police classes E515-CNR03 (Harbor Police Officer), E505-CNR03 (Harbor Police Corporal), E510-CNR03 (Harbor Police Sergeant), and E520-CNR03 (Harbor Police Lieutenant) whose qualifications for bilingual ability have been determined by the Executive Director, shall receive compensation at the rate of two and one-half percent (2 ½%) higher than the regular rate while assigned to perform bilingual services in any language where need has been demonstrated and such additional language is recommended by the Vice President, Public Safety/Chief of the Harbor Police and approved by the Executive Director.

2) In addition to the sworn officer classifications listed above, and subject to the limitations and prerequisites for eligibility as set forth in a District Administrative Procedure, any full-time qualifying employee shall receive two and one-half percent (2 ½%) above the employee base pay.

Section 21. ELIGIBILITY FOR OVERTIME COMPENSATION:

Eligibility for extra overtime compensation is established and shall be allowed only in accordance with the Fair Labor Standards Act (FLSA) status unless otherwise required by law.

Section 22. NIGHT PREMIUM ELIGIBILITY:

Any full-time employee who is subject to a regularly recurring fixed shift, and where at least fifty percent (50%) of said regularly recurring scheduled hours are between the hours of 1800 hours and 0800 hours (6:00 p.m. – 8:00 a.m.), shall receive an hourly shift differential of one dollar and fifty cents ($1.50) for non-sworn employees, and one dollar and sixty cents ($1.60) for sworn officers. Regular recurring fixed shift shall be defined as a shift where the employee is required to work the same scheduled hours.

Section 23. STANDBY PREMIUM:

Any full-time non-exempt employee in Group F - Maintenance and any exempt employee in class F605-CER03 (Maintenance Supervisor) who is assigned a standby shift consisting of eight (8) consecutive hours wherein the employee must remain available on call to return to work to perform an essential service, shall be paid one (1) hour's compensation at the regular rate for such standby assignment. Standby compensation shall not count as time worked for purposes of overtime entitlement. In addition to any full-time non-exempt employee in Group F – Maintenance and any exempt employee in class F605-CER03 (Maintenance Supervisor), and those in the following classifications: B225-UE03 (Business Systems Supervisor), B861-UE12 (Lead Support Services), B224-UE05 (Technology Services Supervisor), B222-UE13 (Technology Security Supervisor), B211-UE03 (Systems Support Analyst II), B219-UE03 (Network Systems Analyst), and subject to the limitations and prerequisites for eligibility as will be set forth in a District Administrative Procedure, any full-time qualifying employee shall receive one (1) hour’s compensation at the regular rate for such standby assignment, not to exceed two (2) hours in any twenty-four (24) hour period. The two (2) hour cap does not apply to the Maintenance Supervisor or the employees in Group (F) Maintenance.

Section 24. CALLBACK:

Any full-time non-exempt employee who, following the completion of his/her regular work shift and departure from his/her place of employment, is ordered by the District to report back to duty in person at a District worksite to perform necessary work, at least three (3) hours prior to his/her next scheduled work shift, shall receive a minimum of three (3) hours at time and one-half his/her regular rate of pay. In the event an employee is called in to work within less than three (3) hours prior to the commencement of his/her next work shift, the employee shall be compensated at his/her rate at time and one-half for each hour or portion of hour thereof worked prior to his/her regular work shift. Reasonable transportation time to and from the employee's work location shall be considered as time worked in recording call back time as defined above.

Section 25. SUGGESTION AWARDS:

Payment of compensation is hereby authorized in amounts established by the Executive Director in accordance with any suggestion awards program established by the Executive Director.

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) and Class A2013-UE11 (Assistant Chief of Harbor Police), 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 (1½ %). Furthermore, the District will continue to pay the additional one and one half percent (1½ %) 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 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 (5 years). The defined contribution component shall include matching funds from the District and employee and shall fully vest in two (2) years.

b) The schedule of benefits for the hybrid plan is as follows:

Years of ServiceDefined ContributionDefined Benefit
0 – 54% employer matchn/a
6 – 104% employer match0.75%
11 – 154% employer match1.00%
16 - 206% employer match1.25%
21 +6% employer match1.50%

c) All General Members will be part of the “Next Generation Retirement Healthcare Plan.

C.) For Safety Members hired on or after January 1, 2010:

a) The Safety Member retirement formula will change to “3% at 55”, with an Employee Option to Retire and Begin Collecting Benefits upon completion of 30-years of District service, whether or not having reached age 55.

b) All Safety Member “New Hire Final Compensation” will be based on an average of the “Last Three Years of Salary” instead of the “Highest One-Year of Service”.

c) All Safety Members will be part of the “Next Generation Retirement Healthcare Plan”.

Section 27. PAY PERIODS:

Pay periods shall be each fourteen (14) consecutive calendar days commencing with the beginning of the shift on Friday and ending at the conclusion of the shift on each second Thursday.

Section 28. DURATION:

The compensation plan established by this Ordinance shall continue in full force and effect until amended or superseded.

Section 29. NO SALARY PROVISIONS:

In the event there are any positions filled on the effective date of the salaries established by this Ordinance for which no salary provisions are made herein, the salaries for such positions established by Ordinance shall be applicable to such positions.

Section 30. LUMP SUM PAYMENTS FOR MERITORIOUS PERFORMANCE:

The standard salary ranges shall limit the maximum base rate of pay for each classification for which such ranges are shown, unless exception is granted by the Executive Director. For meritorious performance, the Executive Director may grant lump sum payments in lieu of an increase in base rate of pay. Such lump sum shall be paid as a single payment. The lump sum payment shall be added to the regular rate of pay when determining any overtime earnings for the biweekly pay period in which the lump sum payment is paid.

Section 31. EMPLOYEE INCENTIVE, RECOGNITION, AND REWARD PROGRAMS:

Payment of compensation is hereby authorized in amounts established by the Executive Director in accordance with any employee incentive, recognition, and reward program established by the Executive Director. Part-time employees are eligible to participate on a pro-rata basis.

Section 32. EXPERIENCE COMPENSATION:

After the completion of fifteen (15) years of active service as a Harbor Police Officer, the affected employee shall be provided an increase equivalent to five percent (5%) of the employees unadjusted salary step. After the completion of nineteen (19) years of active service as a Harbor Police Officer, the affected employee shall be provided an increase equivalent to an additional five percent (5%) of the employee's unadjusted salary step. Active Service shall mean full-time service as a Harbor Police Officer, uninterrupted by separation, and includes actual time worked, leaves of absence with pay, military and injury leave without pay, and Family Leave.

Section 33. LIMITED:

Any class title that is categorized as classified as per the Port Act will be categorized as unclassified when the class title is limited. Any class title may be designated as limited.

Section 34. EARLY RETIREMENT INCENTIVE PROGRAM:

The Early Retirement Incentive Program (“ERIP”) is an early retirement program being offered by the District for a limited period of time only, pursuant to Section 1001 of the District’s Amended and Restated Retirement Plan and Trust Amendment 2. The ERIP is being implemented to balance the Fiscal Year 2010/2011 budget and to contribute toward long term sustainability of the organization by having a smaller workforce.

PROGRAM ELIGIBILITY

The ERIP provides retirement benefit enhancements comprised of a combination of service credits and/or age credits to all District employees with at least five (5) years of District service, regardless of classification, who are within three (3) years of a service retirement as of January 1, 2011. Only eligible General and Safety members will be allowed to retire under the ERIP. Eligibility is determined by meeting the criteria enumerated in of one of the following categories:

Group I: General members currently eligible for a service retirement who are age 62 or older and safety members currently eligible for a service retirement who are age 50 or older. Benefit: Three (3) additional years of service credit.

Group II: General members currently eligible for a service retirement who are at least 55 years old but as of January 1, 2011 less than 62 years old. Benefit: Three (3) additional years of service credit and up to three (3) years of age credit.

Group III: General and Safety members who have enough years for a service retirement but do not meet the age requirements but as of January 1, 2011 are within three years of age sufficient for a service retirement. Benefit: Three (3) additional years of service credit and up to three (3) years of age credit.

Group IV: General and safety members who have enough years of age for a service retirement but do not have enough years of service but as of January 1, 2011 are within three years of sufficient years for a service retirement. Benefit: Three (3) additional years of service credit and up to three (3) years of age credit.

Group V: General and safety members who do not currently qualify for a service retirement because they do not meet either the age or the service requirements but as of January 1, 2011 are within three years of both age and service credit sufficient for a service retirement. Benefit: Three (3) additional years of service credit and up to three (3) years of age credit.

PROGRAM EXCLUSIONS

In order to participate in the ERIP, an employee must abide by all of the following, no exceptions:

  • For purposes of the ERIP, any incentive provided is not included in the definition of base compensation for retirement.
  • Participants cannot be rehired as a District employee after retirement
  • Participants cannot be re-employed by the District as a consultant, contractor, or temporary employee for one (1) year after retirement
  • Participants cannot “run out” sick or annual leave prior to retirement
  • Retirement dates will be determined by the Executive Director and not the Participant

REQUIRED LETTER OF INTENT

Any eligible employee wishing to participate in the ERIP must submit a completed ERIP Letter of Intent (“LOI”) to the Human Resources department during the Program Election Period, which runs from 8:00 a.m. on Monday, September 13, 2010, through 5:00 p.m. on Friday, October 1, 2010. Timely submission of a completed LOI is required to participate in the ERIP and any LOI Form received after the end of the enrollment period will not be processed.

PROGRAM ENROLLMENT PERIOD

The Program Enrollment Period runs from October 1, 2010 through December 15, 2010. During the Program Enrollment Period, participants must:

  • Attend a one-on-one meeting with representatives from the retirement plan administrator and Human Resources Department.
  • Read, understand and sign the SDCERS San Diego Unified Port District Retirement Application.
  • Read, understand and sign the Acknowledgment of ERIP Requirements and Responsibilities.
  • Read, understand and sign the ERIP Retirement Agreement and Release of All Claims.

Section 35. EFFECTIVE DATE: This Ordinance shall take effect the 31stday from its passage by the Board of Port Commissioners.

APPROVED AS TO FORM AND LEGALITY: PORT ATTORNEY

AYES: Castellanos, Malcolm, Merrifield, Moore, Nelson, Smith, Valderrama

NAYS: None.

EXCUSED: None.

ABSENT: None.

ABSTAIN: None.

SIGNED BY: Ann Y. Moore, Chair

ATTESTED BY: Timothy A. Deuel, District Clerk

Pub. Sept 19-00114397


SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2736

ORDINANCE AMENDING THE SOUTH CAMPUS RELOCATION AGREEMENT TO EXTEND THE CURRENT ENVIRONMENTAL CONTAMINATION DISCOVERY CUT-OFF DATE OF 15 YEARS AFTER CLOSING BY TEN YEARS, FOR A NEW DISCOVERY CUT-OFF DATE AFTER CLOSING OF 25 YEARS, ENDING DECEMBER 30, 2024, AND CLARIFYING ROLES OF THE PARTIES AND THE TIMING OF THE REMOVAL OF THE ASPHALT AND CONCRETE COVERING THE SITE, AND TRANSFERRING THE RIGHTS AND OBLIGATIONS OF THE SUCCESSOR AGENCY OF THE CHULA VISTA REDEVELOPMENT AGENCY UNDER THE AGREEMENT, TO THE CITY OF CHULA VISTA

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 (BPC) to pass all necessary ordinances and resolutions for the regulation of the District; and

WHEREAS, in 1999, the District entered into a Relocation Agreement with Rohr Industries, Inc. operating as BF Goodrich Aerostructures Group (BFG), the City of Chula Vista (City) and the Redevelopment Agency of the City of Chula Vista for a series of land transactions that included the transfer of a uplands portion of BFG’s industrial campus located south of H Street (referred to as South Campus) from BFG to the District, in exchange for a portion of District tidelands north of H Street, on file in the Office of the District Clerk as Document No. 39466; and

WHEREAS, on November 1, 1999 the BPC adopted Ordinance 2075 amending the Relocation Agreement (Amendment No.), on file in the Office of the District Clerk as Document No. 39787; and

WHEREAS, on February 2, 2010 the BPC adopted Ordinance 2598 amending the Relocation Agreement (Amendment No. 2),on file in the Office of the District Clerk as Document No. 56072; and

WHEREAS, the Agreement states that, to the extent that BFG is liable for South Campus environmental conditions, it shall be liable only for South Campus environmental conditions that are discovered within 15 years after closing; and

WHEREAS, the closing date was December 30, 1999 and as a result the discovery cut-off date is December 30, 2014; and

WHEREAS, recently, the District was approached by BFG and the City regarding their desire to amend the Relocation Agreement to include the following:

1) extend the contaminant discovery dates beyond the current December 30, 2014 date,

2) clarify the authority of designated representatives,

3) clarify the roles of joint and independent consultants,

4) clarify that the District will not remove the asphalt and concrete (Cap) covering the site earlier than reasonably necessary to allow development (including, without limitation, installation of infrastructure) to proceed in accordance with the approved development plans consistent with the Chula Vista Bayfront Master Plan, and

5) transfer the rights and obligations of the Successor Agency of the Chula Vista Redevelopment Agency under the Relocation Agreement, to the City.

WHEREAS, extending the 2014 date for ten years will benefit the District by allowing the additional time for environmental testing; and

WHEREAS, the District’s demolition time frame will not be driven by the current discovery cut-off date and allows cleanup to be tailored to the future development of the site and provide ten more years past the current 2014 discovery date for the discovery of contaminants for which BFG is responsible; and

WHEREAS, the amendment also clarifies the authority of the parties’ representatives, the roles of consultants, and that the District will not remove the concrete covering the site until it is reasonably necessary to allow for development in accordance with approved development plans consistent with the Chula Vista Bayfront Master Plan; and

WHEREAS, transferring the rights and obligations of the Successor Agency of the Chula Vista Redevelopment Agency under the Agreement, to the City, is consistent with the requirements of Assembly Bill 26, as amended by Assembly Bill 1484, and authorized pursuant to California Health and Safety Code Section 34177.

NOW, THEREFORE, the Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:

Section 1. That Amendment No. 3 to Relocation Agreement with the City of Chula Vista and Rohr Industries, Inc. operating as BF Goodrich Aerostructures Group, and the Redevelopment Agency for the City of Chula Vista to extend the Relocation Agreement environmental contamination discovery cut-off date of 15 years after closing by ten years, for a new discovery cut-off date after closing of 25 years, ending December 30, 2024, and clarifying the roles and authority of designated representatives and joint and independent consultants, and the timing of the removal of the asphalt and concrete covering the site, and transferring the rights and obligations of the Successor Agency of the Chula Vista Redevelopment Agency under the Agreement, to the City of Chula Vista, is hereby approved and granted.

Section 2. The Executive Director or his designated representative is hereby directed to execute said Amendment No. 3 to the Relocation Agreement on behalf of the San Diego Unified Port District.

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: PORT ATTORNEY

AYES: Castellanos, Malcolm, Merrifield, Moore, Nelson, Smith, Valderrama

NAYS: None.

EXCUSED: None.

ABSENT: None.

ABSTAIN: None.

SIGNED BY: Ann Y. Moore, Chair

ATTESTED BY: Timothy A. Deuel, District Clerk

Pub. Sept 19-00114393


SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2737

AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $80,000,000 AGGREGATE PRINCIPAL AMOUNT OF SAN DIEGO UNIFIED PORT DISTRICT REFUNDING REVENUE BONDS, AND NOT TO EXCEED $10,000,000 AGGREGATE PRINCIPAL AMOUNT OF SAN DIEGO UNIFIED PORT DISTRICT REVENUE BONDS, THE EXECUTION AND DELIVERY OF SUPPLEMENTAL INDENTURES, ESCROW AGREEMENTS, BOND PURCHASE AGREEMENTS, OFFICIAL STATEMENTS AND CONTINUING DISCLOSURE AGREEMENTS, AND THE TAKING OF CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH

WHEREAS, the San Diego Unified Port District (the “District”) is a public entity duly organized and existing as a port district pursuant to Appendix 1 of the Harbors and Navigation Code of the State of California (the “Port District Act”) for the acquisition, construction, maintenance, operation, development and regulation of harbor works and improvements, including rail and water facilities, for the development, operation, maintenance, control, regulation and management of the harbor of San Diego upon the tidelands and lands lying under the inland navigable waters of San Diego Bay, and for the promotion of commerce, navigation, fisheries and recreation thereon; and

WHEREAS, pursuant to Section 51 of the Port District Act, the District may issue refunding revenue bonds to redeem or retire any revenue bonds issued by the District, and the District may issue revenue bonds for the acquisition, construction, completion, or repair of any or all improvements, works, property or facilities authorized by the Port District Act, upon the terms, at the times, and in the manner which the Board of Port Commissioners of the San Diego Unified Port District (the “Board of Port Commissioners”), by ordinance, determines; and

WHEREAS, such refunding bonds may be issued in a principal amount sufficient to pay all, or any part of, the principal of the outstanding obligations to be refunded, all expenses of the refunding, and the interest on the obligations to be refunded to the date of payment or redemption of such obligations; and

WHEREAS, in order to refund a portion of the District’s outstanding Revenue Bonds, 2004 Series B (the “Refunded 2004 Bonds”) and a portion of the District’s outstanding Amended and Restated Subordinated, Fully-Negotiable Promissory Note (the “Refunded Airport Note”), the District hereby proposes to issue certain refunding revenue bonds (the “Refunding Bonds”) in one or more series, in an aggregate principal amount not to exceed eighty million dollars ($80,000,000), pursuant to the provisions of the Port District Act and the Indenture (as hereinafter defined); and

WHEREAS, in order to finance the acquisition, construction, completion, or repair of improvements, works, property or facilities authorized by the Port District Act, the District hereby proposes to issue certain revenue bonds (the “Revenue Bonds” and, together with the Refunding Bonds, the “Bonds”) in one or more series, in an aggregate principal amount not to exceed ten million dollars ($10,000,000), pursuant to the provisions of the Port District Act and the Indenture (as hereinafter defined); and

WHEREAS, the Bonds will be issued pursuant to an Indenture dated as of October 1, 2004 (the “Master Indenture”) between the District and U.S. Bank National Association, as trustee (the “Trustee”), as supplemented and amended by one or more Supplemental Indentures thereto (the “Supplemental Indentures” and, together with the Master Indenture, the “Indenture”), which are proposed to be entered into between the District and the Trustee; and

WHEREAS, there has been prepared and presented to the Board of Port Commissioners a proposed form of the Second Supplemental Indenture; and

WHEREAS, the proceeds of the Refunding Bonds will be applied pursuant to the provisions of the Port District Act, the Indenture and one or more Escrow Agreements which are proposed to be entered into between the District and the Trustee acting as Escrow Agent thereunder (the “Escrow Agreements”), to provide funds to refund the Refunded 2004 Bonds and the Refunded Airport Note, to fund a reserve fund (the “Reserve Fund”) established pursuant to the provisions of the Indenture, and to pay certain costs incurred in connection with the issuance of the Refunding Bonds; and

WHEREAS, there has been prepared and presented to the Board of Port Commissioners a proposed form of Escrow Agreement; and

WHEREAS, the proceeds of the Revenue Bonds will be applied pursuant to the provisions of the Port District Act and the Indenture to provide funds for the acquisition, construction, completion, or repair of improvements, works, property or facilities authorized by the Port District Act, to fund a reserve fund (the “Reserve Fund”) if so established pursuant to the provisions of the Indenture, and to pay certain costs incurred in connection with the issuance of the Revenue Bonds; and

WHEREAS, Citigroup Global Markets Inc. (“Citigroup”) intends to purchase all or a portion of the Bonds pursuant to one or more Bond Purchase Agreements (the “Bond Purchase Agreements”), which Bond Purchase Agreements are proposed to be entered into between the Citigroup and the District or between the District and other underwriters (collectively, including Citigroup, the “Underwriters”); and

WHEREAS, there has been prepared and presented to the Board of Port Commissioners a proposed form of Bond Purchase Agreement; and

WHEREAS, in order to facilitate the offering of the Bonds by the Underwriters, the District proposes to approve, execute and deliver one or more Official Statements of the District (the “Official Statements”) describing the Bonds, the District and certain related matters; and

WHEREAS, in order to assist the Underwriters in complying with Securities and Exchange Commission Rule 15(c)2-12 (“Rule 15(c)2-12”), the District proposes to enter into one or more Continuing Disclosure Agreements (the “Continuing Disclosure Agreements”) with the Trustee acting as dissemination agent (the “Dissemination Agent”); and

WHEREAS, in order to obtain the lowest cost of borrowing obtainable at a prudent level of risk, it may be desirable to obtain bond insurance or other credit enhancement for the Bonds of one or more series or stated maturity dates, and/or to secure a surety bond or an insurance policy or an irrevocable letter of credit (hereinafter collectively referred to as a “Credit Instrument”) to fund the Reserve Fund; and

WHEREAS, in order to accomplish the foregoing, it will be necessary for the District to enter into or approve and deliver the following documents, instruments and agreements, forms of which have been prepared and presented to this meeting:

(1) Second Supplemental Indenture;

(2) Escrow Agreement;

(3) Bond Purchase Agreement;

(4) Official Statement; and

(5) Continuing Disclosure Agreement; and

WHEREAS, the Board of Port Commissioners desires to authorize and direct the execution and delivery of each of the above-identified documents, to authorize the issuance and sale of the Bonds pursuant thereto, and to authorize the taking of such other actions as shall be necessary to consummate the refinancing and financing described in the above-identified documents and herein, NOW, THEREFORE,

The Board of Port Commissioners does ordain as follows:

Section 1. Findings. The Board of Port Commissioners hereby finds and determines that the foregoing recitals and findings are true and correct.

Section 2. Approval of the Refunding Bonds. The issuance by the District of the Refunding Bonds, such Refunding Bonds to be issued in one or more series between now and December 31, 2014, in an aggregate principal amount not to exceed eighty million dollars ($80,000,000), is hereby approved; provided that (i) Refunding Bonds shall only be issued to refund the Refunded 2004 Bonds if the net present value debt service savings equal or exceed 3.0% of the principal amount of the Refunded 2004 Bonds, and (ii) Refunding Bonds shall only be issued to refund the Refunded Airport Note if the net present value debt service savings equal or exceed 3.0% of the principal amount of the Refunded Airport Note. The Refunding Bonds shall be designated as “San Diego Unified Port District Refunding Revenue Bonds” and shall bear such additional designation as shall be specified in the Indenture. The Refunding Bonds shall be executed by the manual or facsimile signature of the Chairman of the Board of Port Commissioners and the manual or facsimile signature of the Chief Financial Officer/Treasurer of the District (the “Chief Financial Officer”), shall be countersigned by the manual or facsimile signature of the Clerk of the District, and shall have the seal of the District attached or affixed thereon in manual or facsimile form.

Section 3. Approval of the Revenue Bonds. The issuance by the District of the Revenue Bonds, such Revenue Bonds to be issued in one or more series between now and December 31, 2014, in an aggregate principal amount not to exceed ten million dollars ($10,000,000), is hereby approved. The Revenue Bonds shall be designated as “San Diego Unified Port District Revenue Bonds” and shall bear such additional designation as shall be specified in the Indenture. The Revenue Bonds shall be executed by the manual or facsimile signature of the Chairman of the Board of Port Commissioners and the manual or facsimile signature of the Chief Financial Officer/Treasurer of the District (the “Chief Financial Officer”), shall be countersigned by the manual or facsimile signature of the Clerk of the District, and shall have the seal of the District attached or affixed thereon in manual or facsimile form.

Section 4. Approval of the Second Supplemental Indenture. The proposed form of Second Supplemental Indenture presented to this meeting and the terms and conditions thereof are hereby approved. The date, maturity dates (not to exceed thirty (30) years from the date of issuance of Refunding Bonds and not to exceed forty (40) years from the date of issuance of Revenue Bonds), interest rate or rates (maximum coupon rate not to exceed 6.50% per annum), denominations, forms, registration and exchange privileges, place or places of payment, terms of redemption, if any, and other terms of the Bonds shall be as provided in said Indenture.

The President/CEO (the “President”) or the Chief Financial Officer is hereby authorized and directed, for and in the name and on behalf of the District, to execute and deliver one or more Supplemental Indentures, in substantially the form of the Second Supplemental Indenture presented to this meeting, with such changes therein as the officer executing the same, with the advice of counsel to the District (the “Port Attorney”), may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof.

Section 5. Application of Proceeds. The proceeds of the Refunding Bonds shall be applied to refund the Refunded 2004 Bonds and the Refunded Airport Note, to fund the Reserve Fund, and to pay certain costs incurred in connection with the issuance of the Refunding Bonds, all in accordance with the provisions of the Indenture and as shall be described in a final Official Statement. The proceeds of the Revenue Bonds shall be applied to finance the acquisition, construction, completion, or repair of improvements, works, property or facilities authorized by the Port District Act, to fund the Reserve Fund, and to pay certain costs incurred in connection with the issuance of the Revenue Bonds, all in accordance with the provisions of the Indenture and as shall be described in a final Official Statement.

Section 6. Approval of Escrow Agreement. The proposed form of Escrow Agreement presented to this meeting and the terms and conditions thereof are hereby approved. The deposit and investment of funds to refund the Refunded 2004 Bonds shall be as provided therein. The President or the Chief Financial Officer is hereby authorized and directed, for and in the name and on behalf of the District, to execute and deliver one or more Escrow Agreements, in substantially said form, with such changes therein as the officer executing the same, with the advice of Port Attorney, may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof.

Section 7. Approval of Bond Purchase Agreement. The proposed form of Bond Purchase Agreement presented to this meeting and the terms and conditions thereof are hereby approved. The sale of the Bonds to the Underwriters at the principal amount thereof, less an underwriter’s discount of not to exceed 1.50% of such principal amount, less any original issue discount not to exceed 10% of the principal amount of said Bonds, plus any original issue premium not to exceed 10% of the principal amount of said Bonds, in accordance with said form of Bond Purchase Agreement, is hereby approved. The President or the Chief Financial Officer is hereby authorized and directed, for and in the name and on behalf of the District, to execute and deliver one or more Bond Purchase Agreements, in substantially said form, with such changes therein as the officer executing the same, with the advice of Port Attorney, may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof.

Section 8. Approval of Official Statement. The proposed form of Official Statement presented to this meeting is hereby approved. An Official Statement in preliminary form may be deemed final by the President or Chief Financial Officer for purposes of compliance with Rule 15(c)2-12 and the distribution of an Official Statement in printed and/or electronic format in such preliminary form as is deemed final (hereinafter referred to as the “Deemed Final Preliminary Official Statement”) by the President or Chief Financial Officer is hereby authorized; provided, however, that prior to distribution of any Deemed Final Preliminary Official Statement, the President, the Chief Financial Officer and the Port Attorney, acting collectively, shall determine if there has been a material change in the information relating to the District set forth in the Deemed Final Preliminary Official Statement from the information relating to the District set forth in the Official Statement in preliminary form previously provided to the Board of Port Commissioners by District staff by way of a Board Memorandum. If the President, the Chief Financial Officer and the Port Attorney, acting collectively, determine that there is a material change in such information, the President shall forward the Deemed Final Preliminary Official Statement to the Board of Port Commissioners for approval prior to its distribution, such approval of the Deemed Final Preliminary Official Statement by the Board of Port Commissioners will be evidenced by adoption of a resolution authorizing the distribution of the Deemed Final Preliminary Official Statement.

The President or Chief Financial Officer is hereby authorized and directed, for and in the name and on behalf of the District, to execute and deliver to the Underwriters one or more final Official Statements, in substantially said form, with such changes therein as the officer executing the same, with the advice of the Port Attorney, may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. The Underwriters are hereby authorized to distribute copies of said Official Statements in printed and/or electronic format, as finally executed, to persons who may be interested in the purchase of the Bonds and are directed to deliver such copies to all actual purchasers of the Bonds.

Section 9. Approval of Continuing Disclosure Agreement. The proposed form of Continuing Disclosure Agreement presented to this meeting is hereby approved. The President or the Chief Financial Officer is hereby authorized and directed, for and in the name and on behalf of the District, to execute and deliver one or more Continuing Disclosure Agreements, in substantially said form, with such changes therein as the officer executing the same, with the advice of the Port Attorney, may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof.

Section 10. Credit Enhancement. The Chief Financial Officer is hereby authorized and directed, for and in the name and on behalf of the District, to negotiate with bond insurance companies and other providers of credit enhancement, and, if the Chief Financial Officer determines that it is in the best interest of the District to commit to purchase bond insurance or to secure other credit enhancement for Bonds of one or more series or stated maturity dates, the Chief Financial Officer is authorized to commit to purchase bond insurance or to secure other credit enhancement on such terms as the Chief Financial Officer, with the advice of the Port Attorney and Public Financial Management, Inc. (hereinafter referred to as the “Financial Advisor to the District”), determines are appropriate.

Section 11. Credit Instruments. The Chief Financial Officer is hereby authorized and directed, for and in the name and on behalf of the District, to negotiate with providers of Credit Instruments, and, if the Chief Financial Officer determines that it is in the best interest of the District to secure a Credit Instrument to fund the Reserve Fund, the Chief Financial Officer is authorized to commit to purchase or secure a Credit Instrument to fund the Reserve Fund on such terms as the Chief Financial Officer, with the advice of the Port Attorney, the Underwriter and the Financial Advisors to the District, determines are appropriate.

Section 12. Authorized Representative. All approvals, consents, directions, notices, orders, requests, executions, and other actions permitted or required by any of the documents authorized by this Ordinance, including, without limitation, any of the foregoing which may be necessary or desirable in connection with any investment of the proceeds of the Bonds, any amendment of such documents or any tax certificate delivered in connection with such Bonds or the redemption, refunding or defeasance of any Bonds, may be given or taken by any Authorized Representative (as such term is defined in the Indenture) without further authorization by this Board of Port Commissioners, and each Authorized Representative is hereby authorized and directed to give any such approval, consent, direction, notice, order or request and to take any such action which such Authorized Representative, with the advice of Port Attorney, may deem necessary or desirable to further the purposes of this Ordinance.

Section 13. Ratification of Actions; Completion of Refinancing. All actions heretofore taken by the officers and agents of the District, including, without limitation, the Financial Advisor of the District, with respect to the transactions contemplated hereby and the issuance and sale of the Bonds are hereby ratified, confirmed and approved and the officers and agents of the District are hereby authorized and directed, for and in the name and on behalf of the District, to do any and all things and to take any and all actions and execute and deliver any and all agreements, certificates and documents, including, without limitation, any tax certificates or agreements, any investment agreements, any agreements concerning depository services and any agreements concerning rebate services, which any such officer or agent of the District may deem necessary or advisable in order to consummate the transactions contemplated hereby and the issuance and sale of the Bonds and otherwise to carry out, give effect to and comply with the terms and intent of this Ordinance and the Bonds and the documents approved hereby.

Section 14. Effective Date. This Ordinance shall take effect on the thirty-first (31st) day from its passage and any provisions of any previous ordinance or resolution in conflict with the provisions herein are hereby superseded to the extent of such conflict.

APPROVED AS TO FORM AND LEGALITY: PORT ATTORNEY

AYES: Castellanos, Malcolm, Merrifield, Moore, Nelson, Smith, Valderrama

NAYS: None.

EXCUSED: None.

ABSENT: None.

ABSTAIN: None.

SIGNED BY: Ann Y. Moore, Chair

ATTESTED BY: Timothy A. Deuel, District Clerk

Pub. Sept 19-00114395


SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2738

ORDINANCE AMENDING

FISCAL YEAR 2013/2014 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 (Board) is required to meet for the purposes of fixing the final budget; and

WHEREAS, on July 16, 2013, pursuant to Ordinance 2731, the Board adopted the Annual Budget for Fiscal Year 2013/2014; and

WHEREAS, staff recommends increasing the FY 13/14 Capital Improvement Program (CIP) budget by $500,000 to accelerate and complete three approved CIP projects.

NOW THEREFORE, the Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:

Section 1. The Fiscal Year 2013/2014 budget is hereby amended as follows, with the additional expenditures being appropriated out of the District’s CIP fund:

Current BudgetAmended BudgetNet Change
Ordinary Annual Expenses$139,903,700$139,903,700
Capital Improvement31,044,70031,544,700$500,000
TMP Capital Projects95,00095,000
TSP Capital Projects1,409,8001,409,800
Capital Major Maintenance2,445,3002,445,300
Equipment Outlay1,378,8001,378,800
Debt Service – Principal4,526,1004,526,100
Total Requirements$180,803,400$181,303,400

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

APPROVED AS TO FORM AND LEGALITY: PORT ATTORNEY

AYES: Castellanos, Malcolm, Merrifield, Moore, Nelson, Smith, Valderrama

NAYS: None.

EXCUSED: None.

ABSENT: None.

ABSTAIN: None.

SIGNED BY: Ann Y. Moore, Chair

ATTESTED BY: Timothy A. Deuel, District Clerk

Pub. Sept 19-00114396



Port of San Diego
PUBLISHED: Thursday September 19, 2013


Browse By Publication Date Months in 2013 Days in September 2013
2013 Public Notices
September
09/19/2013