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Port of San Diego
PUBLISHED: Tuesday December 18, 2012

SAN DIEGO UNIFIED PORT DISTRICT
 
ORDINANCE 2699

ORDINANCE ACCEPTING A CONVEYANCE OF THE CITY OF SAN DIEGO'S SURFACE EASEMENT INTEREST IN APPROXIMATELY 2.4 ACRES OF FRONTAGE ROAD SOUTH OF NORTH HARBOR DRIVE LOCATED BETWEEN NIMITZ BOULEVARD AND SCOTT STREET TO FACILTATE THE NORTH HARBOR DRIVE REALIGNMENT AND IMPROVEMENT PROJECT
 
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 5(b)(4) of the Port Act grants authority to the District to exercise its land management authority and powers over any other lands or interests in lands acquired by the District in furtherance of the District's powers and purposes as provided in Section 87; and
 
WHEREAS, on September 17, 2012, the San Diego City Council unanimously approved a resolution authorizing the conveyance of an approximately 2.4-acre surface easement on a portion of North Harbor Drive frontage road between Nimitz Boulevard and Scott Street to the District; and
 
WHEREAS, the conveyance of this easement enables a $3.5 million project to realign and beautify this section of North Harbor Drive to proceed; and
 
WHEREAS, the project will include an increase in the number of public parking spaces from approximately 130 to 260 and the installation of parking meters, median and landscape improvements, safe pedestrian access to the waterfront, and a mid-block crossing; and
 
WHEREAS, staff recommends that the Board of Port Commissioners accept the conveyance of this easement to enable the North Harbor Drive realignment and improvement project to proceed.
 
NOW, THEREFORE, the Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
 
Section 1.   Accepts the conveyance of the City of San Diego's surface easement interest in approximately 2.4 acres of frontage road south of North Harbor Drive located between Nimitz Boulevard and Scott Street to facilitate the North Harbor Drive realignment and improvement project, on file in the Office of the District Clerk as Document No. 59697.
 
Section 2.   This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.
 
YEAS-Burdick, Malcolm, Moore, Peters, Smith, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED- Nelson
SIGNED BY: Lou Smith, Chairman
ATTESTED BY: Timothy A. Deuel, District Clerk
Pub Dec 18 -00105929

SAN DIEGO UNIFIED PORT DISTRICT
 
ORDINANCE 2700
 
ORDINANCE GRANTING LEASE AMENDMENT NO. 1 TO THE CITY OF NATIONAL CITY TO EXTEND PROJECT DEADLINES FOR 12 MONTHS DUE TO THE DISSOLUTION OF THE STATE OF CALIFORNIA REDEVELOPMENT AGENCIES
 
WHEREAS, the San Diego Unified Port District (District) is a public corporation created by the Legislature in 1962 pursuant to Harbors and Navigation Code Appendix I (Port Act); and
 
WHEREAS, Section 30.5(e) of the Port Act states any property acquired by the District shall become an asset of the public trust and be subject to Section 87; and
 
WHEREAS, Section 87(b) of the Port Act grants authority to the District to lease the tidelands or submerged lands, or parts thereof, for limited periods, not exceeding 66 years, for purposes consistent with the trusts upon which those lands are held, by the State of California; and
 
WHEREAS, pursuant to Ordinance No. 2613 adopted by the Board of Port Commissioners (BPC) on June 8, 2010 the District and the Community Development Commission of the City of National City (CDC), a Redevelopment Agency for the City of National City (City) entered into a Lease wherein the District leased approximately 8,412 square feet of land area located at the south end of Goesno Place in the City of National City for the development of an Aquatic Center, on file in the Office of the District Clerk as Document No. 56735; and
 
WHEREAS, In June 2011, the California legislature passed two bills that dissolved Redevelopment Agencies (RDA) throughout California, therefore dissolving the City's RDA; and
 
WHEREAS, since the dissolution, at the request of the City, the District administratively approved an Assignment and Assumption Review and Approval to assign the Lease from the CDC to the City, on file in the Office of the District Clerk as Document No. 57887; and
 
WHEREAS, pursuant to BPC Policy 355, Assignments can be administratively approved if the assignment results in no change of control, operations or management of the ownership entity; and
 
WHEREAS, the City's RDA was managed by City employees and the City Council, therefore the management remains the same and the assignment results in no change of control; and
 
WHEREAS, Section 23 of the Lease, Successors in Interest, states that:
 
Unless otherwise provided in this Lease, the terms, covenants, conditions, and agreements herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto, all of whom shall be jointly and severally liable hereunder.
 
The City is the Successor in Interest to the City's RDA; and
 
WHEREAS, the dissolution of the RDA created set-backs for the City regarding progress with the development of the Aquatic Center and meeting its obligations of deadlines in its Lease with the District; and
 
WHEREAS, the City requests an extension to its Lease (a copy of which is attached to the corresponding staff report as Attachment D) to amend and extend the following dates:
 
1.      Extend the construction commencement deadline from December 31, 2012 to December 31, 2013.
2.      Extend the evidence of financial capability deadline from Decem ber 31, 2012 to December 31, 2013.
3.      Extend the construction completion deadline from December 31, 2015 to December 31, 2016.
 
  NOW, THEREFORE, the Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
 
Section 1.      That Amendment No. 1 to the Lease between the San Diego Unified Port District and the City of National City, a California municipal corporation is hereby granted and approved and is on file in the Office of the District Clerk.
Section 2.      The Executive Director or his designated representative is hereby directed to execute Amendment No. 1 to the Lease with the City of National City 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-Burdick, Malcolm, Moore, Peters, Smith, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED- Nelson
SIGNED BY: Lou Smith, Chairman
ATTESTED BY: Timothy A. Deuel, District Clerk
Pub Dec 18 -00105930

SAN DIEGO UNIFIED PORT DISTRICT
 
ORDINANCE 2701
 
ORDINANCE AMENDING SALARY ORDINANCE NO. 2688 ESTABLISHING A SCHEDULE OF COMPENSATION FOR OFFICERS AND EMPLOYEES OF THE SAN DIEGO UNIFIED PORT DISTRICT
 
The Board of Port Commissioners of the San Diego Unified Port District does
ordain as follows:
 
Section 1.   That Ordinance 2688 entitled "An Ordinance Establishing a Schedule of Compensation for Officers and Employees of the San Diego Unified Port District" is hereby amended by amending Attachment A thereto.  Said amendment modifies the following Salary Ranges as follows:
 
· Add Ranges 30 and 31 to Annual Salary Ranges for Principal Admistrators,
Assistants, Professional, Technical and Clerical;
· Adjust Annual Salary Range of Deputy Port Attorney I from Range 19 to Range
22;
· Adjust Annual Salary Range of Deputy Port Attorney II from Range 24 to Range
26;
· Adjust Annual Salary Range of Deputy Port Attorney III from Range 26 to Range
28;
· Adjust Salary Range of Assistant Port Attorney from Range 29 to Range 31; and
· Adjust Salary Range of Executive Vice President from Range 29 to Range 31.
 
Section 2.    This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.
 
YEAS-Burdick, Malcolm, Moore, Peters, Smith, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED- Nelson
SIGNED BY: Lou Smith, Chairman
ATTESTED BY: Timothy A. Deuel, District Clerk
Pub Dec 18 -00105934 

SAN DIEGO UNIFIED PORT DISTRICT
 
ORDINANCE 2702
 
ORDINANCE AMENDING THE FY 12/13 BUDGET INCREASING THE ORDINARY ANNUAL EXPENSE BUDGET BY $1.2 MILLION TO REIMBURSE MEMBER CITIES FOR COSTS FOR SERVICES ON NON-TAXPAYING TIDELANDS
 
            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, the District reimburses its five member cities, San Diego, Coronado, National City, Chula Vista and Imperial Beach, for services provided by them on non-taxpaying Tidelands; and
 
            WHEREAS, the total cost for FY 12/13 services is $8.1 million, an increase of $1.2 million from the prior year which is unbudgeted; and
 
            WHEREAS, the recommended source of funding for the $1.2 million unbudgeted increase for FY 12/13 to pay for the member cities provided services on non-taxpaying Tidelands is from excess reserves from settlement of the Traylor Brothers v. San Diego Unified Port District case.
 
NOW THEREFORE, the Board of Port Commissioners of the San Diego Unified Port District does ordain as follows: 
 
Section 1.      That the FY 12/13 budget is hereby increased in the sum of $1.2 million to fund Ordinary Annual Expenses in the form of costs for services on non-taxpaying Tidelands to member cities.
 
Section 2.      This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.
 
YEAS-Burdick, Malcolm, Moore, Peters, Smith, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED- Nelson
SIGNED BY: Lou Smith, Chairman
ATTESTED BY: Timothy A. Deuel, District Clerk
Pub Dec 18 -00105936


Port of San Diego
PUBLISHED: Tuesday December 18, 2012


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