PUBLIC NOTICES
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Port of San Diego
PUBLISHED: Wednesday September 22, 2010



SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2619

AN ORDINANCE AMENDING LEASE AGREEMENT BETWEEN THE SAN
DIEGO UNIFIED PORT DISTRICT AND THE CITY OF CORONADO
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WHEREAS, pursuant to Ordinance 2356, adopted 6 September 2005, the Board of Port Commissioners of the San Diego Unified Port District (District) authorized, approved and accepted a lease agreement from the City of Coronado, a municipal corporation, as Trustee of State of California tidelands, to the District, leasing to the District approximately 5.633 acres of tideland and water area located on the northeast side of Strand Way, southeast of Pomona Avenue, in the City of Coronado, to be used only and exclusively for public park, recreation, open space, parking and aquatic support and for other purposes whatsoever; and
WHEREAS, pursuant to Ordinance 2499, adopted 10 June 2008, the District and the City of Coronado entered into an Agreement for Amendment of Lease, Amendment No. 1, extending the date for the completion of construction of the Linear Park Project from June 30, 2008, to June 30, 2010, and for the City of Coronado to qualify for reimbursement of previously approved funds; and
WHEREAS, pursuant to Ordinance 2541, adopted 6 January 2009, the District and the City of Coronado entered into an Agreement for Amendment of Lease, Amendment No. 2, to revise the legal description to allow the City of Coronado to relocate the Boat House Club Room, south of the original location in Glorietta Bay Park and off of District tidelands; and
WHEREAS, the District and the City of Coronado desire to enter into an Agreement for Amendment of Lease, Amendment No. 3, to revise the legal description to reflect the new location of the Boat House Club Room and the Marina Building, NOW, THEREFORE,
The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. That lease agreement dated 6 September 2005 from the City of Coronado, a municipal corporation, as Trustee of State of California tidelands, to the San Diego Unified Port District, a public corporation, is hereby amended in accordance with Agreement for Amendment of Lease, Amendment No. 3, on file in the office of the District Clerk, and said Amendment No. 3 is hereby authorized, approved and accepted as recommended by the Executive Director.
Section 2. This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners; provided, however, in the event the City of Coronado does not record the necessary Quitclaim Deed, which has been approved by the California State Lands Commission, incorporating the revised legal description, the above authorization to enter said Agreement for Amendment of Lease, Amendment No. 3, shall be null and void and of no force or effect.
YEAS-Bixler, Burdick, Cushman, Padilla, Smith, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-Peters
SIGNED BY: Robert "Dukie" Valderrama, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. Sep 22-00079291

SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2620

AN ORDINANCE GRANTING AMENDMENT NO. 3 TO SUBLEASE BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF CORONADO
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WHEREAS, pursuant to Ordinance 2356, adopted 6 September 2005, the Board of Port Commissioners of the San Diego Unified Port District (District) authorized, approved and accepted a lease agreement from the City of Coronado, a municipal corporation, as Trustee of State of California tidelands, to the District, leasing to the District approximately 5.633 acres of tideland and water area located on the northeast side of Strand Way, southeast of Pomona Avenue, in the City of Coronado, to be used only and exclusively for public park, recreation, open space, parking and aquatic support and for other purposes whatsoever; and
WHEREAS, pursuant to Ordinance 2357, adopted 6 September 2005, the District subleased to the City of Coronado, a municipal corporation, (Sublessee) its entire leased premises consisting of said approximately 5.633 acres of tideland and water area located on the northeast side of Strand Way, southeast of Pomona Avenue, in the City of Coronado, commonly known as Coronado Linear Park, to be used only and exclusively for a public park, recreation, open space, parking and aquatic support and for no other purposes whatsoever, for a term of Thirty (30) years commencing 1 July 2004 and ending 30 June 2034; and
WHEREAS, pursuant to Ordinance 2500, adopted 10 June 2008, the District and the City of Coronado entered into an Agreement for Amendment of Sublease, Amendment No. 1, to extend the date for the completion of construction of the Linear Park Project from June 30, 2008, to June 30, 2010, and for the City of Coronado to qualify for reimbursement of previously approved funds; and
WHEREAS, pursuant to Ordinance 2542, adopted 6 January 2009, the District and the City of Coronado entered into an Agreement for Amendment of Sublease, Amendment No. 2, to revise the legal description to allow the City of Coronado to relocate the Boat House Club Room, south of the original location in Glorietta Bay Park and off of District tidelands; and
WHEREAS, the District and the City of Coronado desire to enter into an Agreement for Amendment of Sublease, Amendment No. 3, to revise the legal description to reflect the new location of the Boat House Club Room and Marina Building, NOW, THEREFORE,
The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. That sublease agreement dated 6 September 2005 from the San Diego Unified Port District, a public corporation, to the City of Coronado, a municipal corporation, is hereby amended in accordance with Agreement for Amendment of Sublease, Amendment No. 3, on file in the office of the District Clerk, and the legal description for said sublease shall be in accordance with Exhibits A and B thereof.
Section 2. That all of the conditions contained in said Ordinance 2357 (consent to the original sublease), as amended by Ordinance 2500 (consent to Amendment No. 1) and Ordinance 2542 (consent to Amendment No. 2), shall continue in full force and effect.
Section 3. This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners; provided, however, in the event the City of Coronado does not record the necessary Quitclaim Deed, which has been approved by the California State Lands Commission, incorporating the revised legal description and conveying the lands from itself, as a municipal corporation, to itself, as trustee of tide and submerged lands, the above authorization to enter said Agreement for Amendment of Sublease, Amendment No. 3, shall be null and void and of no force or effect.
YEAS-Bixler, Burdick, Cushman, Padilla, Smith, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-Peters
SIGNED BY: Robert "Dukie" Valderrama, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. Sep 22-00079293

SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2621

AN ORDINANCE GRANTING SUBLEASE FROM THE SAN DIEGO UNIFIED PORT DISTRICT TO THE CITY OF CORONADO
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WHEREAS, pursuant to Ordinance 1895, adopted 17 June 1997, the State of California, State Lands Commission, and the San Diego Unified Port District (District) are parties to a lease filed with the Office of District Clerk on November 4, 1997, as Document No. 36062, as amended, for premises located in the City of Coronado; and
WHEREAS, the District desires to sublease a portion of the leased premises to the City of Coronado to be used only and exclusively for a maintenance access road and for no other purpose whatsoever, NOW, THEREFORE,
The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. That the District hereby subleases to the City of Coronado, a municipal corporation, (Sublessee) a portion of its leased premises consisting of approximately 266,580 square feet of tideland area located in the City of Coronado to be used only and exclusively for a maintenance access road and for no other purpose whatsoever for a term of Fifteen (15) years commencing 1 August 2010 and ending 31 July 2025, subject to earlier termination, said sublease shall be placed on file in the office of the District Clerk and shall be subject to the following express conditions:
a. Said premises shall be used only and exclusively for a maintenance access road and for no other purposes whatsoever without the written consent of District, evidenced by resolution, first had and obtained.
b. The rental for said sublease shall be One Hundred Dollars ($100.00) per year for each and every year during the term of said sublease.
c. Sublessee shall not further sublease nor permit any assignment of any interest in the leased or subleased premises or any portion thereof without the prior express written consent of District, evidenced by resolution of the Board of Port Commissioners in each instance.
Section 2. The Executive Director of District or his authorized representative is hereby directed to execute the said sublease agreement wit 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, Burdick, Cushman, Padilla, Smith, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-Peters
SIGNED BY: Robert "Dukie" Valderrama, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. Sep 22-00079295

SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2622

AN ORDINANCE AMENDING LEASE AGREEMENT BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND KNIGHT AND CARVER YACHTCENTER, INC. AND ACCEPTING QUITCLAIM DEED
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WHEREAS, the San Diego Unified Port District (District) and Knight and Carver Yachtcenter, Inc., a California corporation, (Knight and Carver) are parties to a lease dated 25 March 1997, as amended; and
WHEREAS, the District and Knight and Carver desire to enter into an Agreement for Amendment of Lease, Amendment No. 4, to provide for the repayment of rent and charges due from January 1, 2010, to the present; and
WHEREAS, in the event that there is a material default of repayment of rent under said lease, as amended, Knight and Carver has executed a Quitclaim Deed releasing leasehold interest, said Quitclaim Deed is attached to Amendment No. 4 as Attachment 1, NOW, THEREFORE,
The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. That lease agreement dated 25 March 1997 between the San Diego Unified Port District and Knight and Carver Yachtcenter, Inc. is hereby amended in accordance with Agreement for Amendment of Lease, Amendment No. 4, on file in the office of the District Clerk.
Section 2. That the Executive Director of the District or his authorized representative is hereby directed to accept a Quitclaim Deed from Knight and Carver for approximately 268,420 square feet of tideland area, including approximately 85,561 square feet of warehouse/office area, and approximately 95,453 square feet of water area located at and adjacent to 1313 West 24th Street in the City of National City, said Quitclaim Deed to be held by a third party as additional security for the District in the event of any material default of rent payment. The Executive Director or his authorized representative is hereby further authorized and directed to execute the necessary Certificate of Acceptance 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, Burdick, Cushman, Padilla, Smith
NAYS-None
ABSTAINED-Valderrama
ABSENT-None
EXCUSED-Peters
SIGNED BY: Robert "Dukie" Valderrama, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. Sep 22-00079296

SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2623

AN ORDINANCE AMENDING CONFLICT OF INTEREST CODE OF THE SAN DIEGO UNIFIED PORT DISTRICT A PUBLIC AGENCY
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The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. That the Conflict of Interest Code of the San Diego Unified Port District, a Public Agency, as amended, on file in the office of the District Clerk, is hereby further amended by amending Appendix A thereto by updating the List of Designated Employees, and by amending the cover page thereto, entitled Conflict of Interest Code of the San Diego Unified Port District.
Section 2. This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.
YEAS-Bixler, Burdick, Cushman, Padilla, Smith, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-Peters
SIGNED BY: Robert "Dukie" Valderrama, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. Sep 22-00079299

SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2624

AN ORDINANCE AMENDING PORT OF SAN DIEGO TARIFF 1-G
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The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. Tariff No. 1-G, posted on the website for the San Diego Unified Port District (District) at www.portofsandiego.org (Organization No. 011576 Tariff No. 1-G), is hereby amended by the adoption of the following revision to Section III, Rules & Regulations, Wharves, the addition of Item No. 0385.
Section 2. The Executive Director or his authorized representative is hereby authorized and directed to post the following: The addition of Item No. 0385, Clean Truck Program, which provides that commencing January 1, 2011, no access onto District property shall be permitted to a Drayage Truck that does not meet the California Air Resources Board Drayage Truck Regulation (Title 13, California Code of Regulations, Section 2027, at it may be amended), unless subject to an exception by law or as set forth in said Item 385, as particularly described in said Tariff No. 1-G and incorporated herein by this reference.
Section 3. This ordinance shall take effect after posting said revisions on the above-referenced website; provided, however, this ordinance shall not take effect prior to 31 days from its passage by the Board of Port Commissioners or January 1, 2011, whichever date is later.
YEAS-Bixler, Burdick, Cushman, Padilla, Smith, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-Peters
SIGNED BY: Robert "Dukie" Valderrama, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. Sep 22-00079300


SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2625

AN ORDINANCE GRANTING A TIDELAND USE AND OCCUPANCY PERMIT FOR TELECOMMUNICATION SITES TO SPRINT PCS ASSETS, LLC
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The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. That Tideland Use and Occupancy Permit for Telecommunication Sites between the San Diego Unified Port District and Sprint PCS Assets, LLC, a Delaware limited liability company, on file in the office of the District Clerk, covering approximately 350 square feet of tideland area, located behind the Convention Center in the City of San Diego, to be used only and exclusively for the purpose of installing, constructing, modifying, maintaining, repairing, operating and removing a wireless communication facility, which includes but is not limited to antenna structures, antenna equipment, cable wiring, utility lines, transmission lines, air-conditioned equipment shelters, back-up power sources, and related fixtures, as more particularly described therein, is hereby approved and granted.
Section 2. The Executive Director or his authorized representative is hereby directed to execute the said Tideland Use and Occupancy Permit for Telecommunication Sites with Sprint PCS Assets, LLC 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, Burdick, Cushman, Smith, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED- Padilla, Peters
SIGNED BY: Robert "Dukie" Valderrama, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. Sep 22-00079302

SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2626

AN ORDINANCE GRANTING THREE TIDELAND USE AND OCCUPANCY PERMITS FOR TELECOMMUNICATION SITES TO NEW CINGULAR WIRELESS PCS, LLC
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The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. That three (3) Tideland Use and Occupancy Permits for Telecommunication Sites between the San Diego Unified Port District and New Cingular Wireless PCS, LLC, a Delaware limited liability company, on file in the office of the District Clerk, covering the following locations are hereby approved and granted.
€ Approximately 600 square feet of tideland area, located at Shelter Island in the City of San Diego, to be used only and exclusively for the purpose of installing, constructing, modifying, maintaining, repairing, operating and removing a wireless communication facility, which includes but is not limited to antenna structures, antenna equipment, cable wiring, utility lines, transmission lines, air-conditioned equipment shelters, back-up power sources, and related fixtures, as more particularly described therein.
€ Approximately 600 square feet of tideland area, located at Spanish Landing in the City of San Diego, to be used only and exclusively for the purpose of installing, constructing, modifying, maintaining, repairing, operating and removing a wireless communication facility, which includes but is not limited to antenna structures, antenna equipment, cable wiring, utility lines, transmission lines, air-conditioned equipment shelters, back-up power sources, and related fixtures, as more particularly described therein.
€ Approximately 600 square feet of tideland area, located at the Commuter Terminal on Harbor Drive in the City of San Diego, to be used only and exclusively for the purpose of installing, constructing, modifying, maintaining, repairing, operating and removing a wireless communication facility, which includes but is not limited to antenna structures, antenna equipment, cable wiring, utility lines, transmission lines, air-conditioned equipment shelters, back-up power sources, and related fixtures, as more particularly described therein.
Section 2. The Executive Director or his authorized representative is hereby directed to execute three Tideland Use and Occupancy Permits for Telecommunication Sites with New Cingular Wireless PCS, LLC 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, Burdick, Cushman, Smith, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-Padilla, Peters
SIGNED BY: Robert "Dukie" Valderrama, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. Sep 22-00079301


Port of San Diego
PUBLISHED: Wednesday September 22, 2010


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