San Diego Unified Port District

Meeting Agenda
Board of Port Commissioners

Tuesday, December 05, 2023 at 1:00 P.m. - 5:00 P.m.

Don L. Nay Port Administration Boardroom

3165 Pacific Hwy.

San Diego, CA 92101

The Board of Port Commissioners (Board) hereby provides notice that it will hold a regular meeting of the Board. It is possible that some of the Commissioners may attend the meeting and participate remotely to the same extent as if they were present in accordance with Assembly Bill 2449.

PUBLIC PARTICIPATION:

The public is welcome to attend in person, or  alternatively:

Members of the public may view this meeting via livestream at:
https://www.portofsandiego.org/about-port-san-diego/board-meetings

PROVIDING PUBLIC COMMENT:

Public comment is limited to 3 minutes per speaker on both agenda, and non-agenda items. The time allotted for speakers may be adjusted by the Board Chair at his or her discretion. Items under the Consent Agenda section are considered to be routine, and will be acted upon with one vote. If you wish for an item to be removed from the Consent Agenda for further discussion, please submit your request to the District Clerk prior to the commencement of the meeting.

Public comment is available for this meeting by doing one of the following no later than the time the public comment portion for the agenda item is concluded, however the public is strongly encouraged to do so prior to the item being called:

In-Person Participation: Complete and submit a Speaker Slip and give to the District Clerk

Remote Participation:
1. Call 619-736-2155 and leave a brief voicemail message that will be played during the meeting. A voicemail longer than the time allotted for public comment on that item will be stopped after that time has elapsed.
2. Email a request to provide live comment to [email protected] to receive a
link to participate in the meeting to provide live comments. *
3. Submit written comments to [email protected]. Written comments received at least 2 hours prior to the commencement of the meeting will be distributed to the Board and
posted online with the meeting materials. Written comments received after the time frame will be
included in the agenda-related materials record for the meeting.

* The Port of San Diego is not responsible for the member of the public’s internet connections or technical ability to participate in the meeting. It is highly recommended that you use voicemail rather than provide live comment.

UNA TRANSMISIÓN EN INGLÉS Y EN ESPAÑOL DE LA REUNIÓN DE LA JUNTA ESTARÁ DISPONIBLE AL PÚBLICO A TRAVÉS DE UNA TRANSMISIÓN EN DIRECTO EN:

https://www.portofsandiego.org/about-port-san-diego/board-meetings

NOTA ESPECIAL PARA PARTICIPANTES DE COMENTARIOS PÚBLICOS:
Servicios de interpretación estarán disponibles durante la reunión para traducir comentarios públicos del español al inglés.

In keeping with the Americans with Disabilities Act (ADA), the San Diego Unified Port District will make every reasonable effort to encourage participation in all its public meetings. If you require assistance or auxiliary aids in order to participate at this public meeting, please contact the Office of the District Clerk at [email protected] or [phone] at least 48 hours prior to the meeting.

Any disclosable public records related to an open session item on a regular meeting agenda and
distributed by the San Diego Unified Port District to all or a majority of the Board of Port Commissioners, including those records distributed less than 72 hours prior to that meeting, but received at least 2 hours prior to meeting, can be viewed online at https://www.portofsandiego.org/about-port-san-diego/board-meetings, or are available for inspection at the Office of the District Clerk, 3165 Pacific Highway, San Diego, California during normal business hours.

For the agenda online and more information about the Commissioners’ names and city representation, and future Board meeting dates, please visit our website at
www.portofsandiego.org.

As a courtesy to all who attend these public meetings, please turn all cell phones to off or vibrate before entering the Board Room.

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A.

Roll Call

B.

Statement (just cause) and/or Consideration of a Request to Participate Remotely (emergency circumstances) by a Commissioner, if applicable

C.

Pledge of Allegiance

D.

Closed Session Report Out

E.

Public Communications

Please limit comments to 3 minutes per speaker. No actions may be taken on these items.

F.

Board Committee Reports

None.

G.

Commissioners’ Reports

No actions may be taken on these items.

H.

Special Recognition

• Chanukah
• Winter Solstice
• Las Posadas
• Christmas
• Kwanzaa

I.

President’s Report

J.

District Clerk’s Announcements

• Recommendation:

K.

Approval of Minutes

November 7, 2023 - Special BPC Meeting Minutes
November 14, 2023 - Closed Session Meeting Minutes
November 14, 2023 - BPC Meeting Minutes

• Recommendation:

L.

Consent Agenda

• Recommendation:

1.

2023-0208 - RESOLUTION AUTHORIZING A SOLE SOURCE EQUIPMENT PURCHASE AND CONSULTING SERVICE AGREEMENT WITH WATTS MARINE, LLC IN THE AMOUNT NOT TO EXCEED $676,273.00, FOR THE CRUISE SHIP TERMINAL ADDITIONAL SOUTH BERTH SHORE POWER CONNECTION POINT PROJECT

2.

2023-0218 - RESOLUTION REAPPOINTING RICARDO RODRIGUEZ TO THE SAN DIEGO UNIFIED PORT DISTRICT AUDIT OVERSIGHT COMMITTEE (AOC) FOR A SECOND TERM OF THREE YEARS DURATION COMMENCING DECEMBER 7, 2023

3.

2023-0269 - ADOPT A RESOLUTION COMMITTING TO FULLY FUNDING THE MARINA WAY REALIGNMENT AND FIRST POINT OF REST RECONFIGURATION IN NATIONAL CITY

ADOPT A RESOLUTION COMMITTING TO FULLY FUNDING THE MARINA WAY REALIGNMENT AND FIRST POINT OF REST RECONFIGURATION IN NATIONAL CITY, IF NEEDED, AS A CONDITION OF ALLOCATING FUNDING FROM THE CALIFORNIA PORT AND FREIGHT INFRASTRUCTURE PROGRAM, ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS)

4.

2023-0283 - RESOLUTION AUTHORIZING AMENDMENT NO. 7 TO THE AGREEMENT WITH THE REGENTS OF THE UNIVERSITY OF CALIFORNIA TO HOST TWO SEA GRANT FELLOWS

RESOLUTION AUTHORIZING AMENDMENT NO. 7 TO THE AGREEMENT WITH THE REGENTS OF THE UNIVERSITY OF CALIFORNIA TO HOST TWO SEA GRANT FELLOWS FOR AN ADDITIONAL $156,051 AND EXTENDING THE AGREEMENT FOR ONE YEAR, FOR A NEW NOT TO EXCEED TOTAL OF $895,422. FUNDS FOR FISCAL YEAR 2024 HAVE BEEN BUDGETED

5.

2023-0307 - RESOLUTION AUTHORIZING THE SAN DIEGO UNIFIED PORT DISTRICT TO ACCEPT A SIXTY-SIX YEAR EASEMENT FROM THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA FOR FURTHERANCE OF THE SWEETWATER BICYCLE PATH AND PROMENADE

RESOLUTION AUTHORIZING THE SAN DIEGO UNIFIED PORT DISTRICT TO ACCEPT A SIXTY-SIX YEAR EASEMENT FROM THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA FOR FURTHERANCE OF THE SWEETWATER BICYCLE PATH AND PROMENADE PROJECT AND THE SWEETWATER PARK PROJECT LOCATED IN THE CITY OF CHULA VISTA, CALIFORNIA

The Board will consider staff’s request to continue this item to a future Board meeting.

6.

2023-0285 - ORDINANCE GRANTING A SEVENTEEN (17) YEAR EASEMENT TO SAN DIEGO GAS & ELECTRIC FOR THE OPERATION AND MAINTENANCE OF UNDERGROUND AND ABOVEGROUND ELECTRICAL FACILITIES - QUAY AVENUE, CITY OF NATIONAL CITY

ADOPT AN ORDINANCE FINDING THE BOARD ACTION EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING BUT NOT LIMITED TO, CEQA GUIDELINES SECTION 15301 AND GRANTING A SEVENTEEN (17) YEAR EASEMENT TO SAN DIEGO GAS & ELECTRIC FOR THE OPERATION AND MAINTENANCE OF UNDERGROUND AND ABOVEGROUND ELECTRICAL FACILITIES LOCATED ON QUAY AVENUE IN THE CITY OF NATIONAL CITY

7.

2023-0286 - ORDINANCE GRANTING A SEVENTEEN (17) YEAR EASEMENT TO SAN DIEGO GAS & ELECTRIC FOR THE OPERATION AND MAINTENANCE OF UNDERGROUND AND ABOVEGROUND ELECTRICAL FACILITIES - SOUTH QUAY AVE, CITY OF NATIONAL CITY

ADOPT AN ORDINANCE FINDING THE BOARD ACTION EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING BUT NOT LIMITED TO, CEQA GUIDELINES SECTION 15301 AND GRANTING A SEVENTEEN (17) YEAR EASEMENT TO SAN DIEGO GAS & ELECTRIC FOR THE OPERATION AND MAINTENANCE OF UNDERGROUND AND ABOVEGROUND ELECTRICAL FACILITIES LOCATED ON SOUTH QUAY AVENUE AND WEST 32ND STREET IN THE CITY OF NATIONAL CITY

8.

2023-0301 - ORDINANCE GRANTING AN APPROXIMATELY SIXTY-FOUR (64) YEAR EASEMENT TO SAN DIEGO GAS & ELECTRIC FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND ELECTRICAL FACILITIES - CHULA VISTA BAYFRONT PROJECT

ORDINANCE GRANTING AN APPROXIMATELY SIXTY-FOUR (64) YEAR EASEMENT, IN SUBSTANTIAL FORM, TO SAN DIEGO GAS & ELECTRIC FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND ELECTRICAL FACILITIES IN CONNECTION WITH THE IMPLEMENTATION OF THE CHULA VISTA BAYFRONT PROJECT IN THE CITY OF CHULA VISTA, CALIFORNIA

9.

2023-0019 - SHM CABRILLO ISLE, LLC, LEASE AMENDMENT NO. 2

ADOPT AN ORDINANCE FINDING THE BOARD ACTION EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING, BUT NOT LIMITED TO, CEQA GUIDELINES SECTION 15301, AND GRANTING LEASE AMENDMENT NO. 2 TO SHM CABRILLO ISLE, LLC, A DELAWARE LIMITED LIABILITY COMPANY DBA “SAFE HARBOR CABRILLO ISLE,” AMENDING THE USE PROVISION WITH RESPECT TO CHARTER VESSELS, AMENDING PERCENTAGE RENT PROVISIONS, AND ADDING PROVISIONS ON DIVERSITY, EQUITY, AND INCLUSION

10.

2023-0304 - ORDINANCE AUTHORIZING THE SAN DIEGO UNIFIED PORT DISTRICT TO ACCEPT A 66-YEAR EASEMENT FROM IQHQ-RADD I, LLC FOR ROADWAY PURPOSES ALONG NORTH HARBOR DRIVE IN THE CITY OF SAN DIEGO

ADOPT AN ORDINANCE FINDING THE BOARD ACTION EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING, BUT NOT LIMITED TO, CEQA GUIDELINES SECTION 15301, AND, AUTHORIZING THE SAN DIEGO UNIFIED PORT DISTRICT TO ACCEPT A 66-YEAR EASEMENT WITH TERMINATION RIGHTS FROM IQHQ-RADD I, LLC FOR ROADWAY PURPOSES ALONG NORTH HARBOR DRIVE IN THE CITY OF SAN DIEGO

11.

2023-0287 - ORDINANCE AMENDING SALARY ORDINANCE NO. 3105 ENTITLED “AN ORDINANCE ESTABLISHING A SCHEDULE OF COMPENSATION FOR OFFICERS AND EMPLOYEES OF THE SAN DIEGO UNIFIED PORT DISTRICT”

ORDINANCE AMENDING SALARY ORDINANCE NO. 3105 ENTITLED “AN ORDINANCE ESTABLISHING A SCHEDULE OF COMPENSATION FOR OFFICERS AND EMPLOYEES OF THE SAN DIEGO UNIFIED PORT DISTRICT” AND RESOLUTION AMENDING THE SAN DIEGO UNIFIED PORT DISTRICT (DISTRICT) DIRECTORY OF CLASSIFICATION SPECIFICATIONS FOR FISCAL YEAR 2023/2024

12.

2023-0293 - ADOPT AN ORDINANCE TO AMEND THE FISCAL YEAR (FY) 2024 DISTRICT BUDGET, INCREASING THE FY 2024 NON-PERSONNEL EXPENSE APPROPRIATION BY $12,394,500.00 TO BE FUNDED FROM LOW-CARBON FUEL STANDARD PROGRAM FUNDING

13.

2023-0302 - ADOPT A RESOLUTION PROCLAIMING THE CONTINUANCE OF A “LOCAL EMERGENCY” DUE TO THE PRESENCE OF AN INVASIVE ALGAE CAULERPA PROLIFERA IN THE CORONADO CAYS, SOUTH SAN DIEGO BAY

14.

2023-0306 - RESOLUTION CONFIRMING THE APPOINTMENT OF TRACY J. LARGENT AS CHIEF FINANCIAL OFFICER / TREASURER

M.

Action Agenda

1.

2023-0165 - EAST HARBOR ISLAND REDEVELOPMENT

A) RESOLUTION AUTHORIZING STAFF TO SIGN A NON-BINDING TERM SHEET WITH TOPGOLF USA SDP, LLC

B) RESOLUTION DIRECTING STAFF TO ISSUE A ONE OR MORE REQUESTS FOR PROPOSALS FOR THE REDEVELOPMENT OF APPROXIMATELY 6.5 ACRES OF LAND AT EAST HARBOR ISLAND PURSUANT TO BOARD POLICY 360

• Recommendation:

2.

2023-0295 - PRESENTATION ON THE FIRST BIENNIAL STATUS REPORT ON ZERO EMISSIONS HEAVY-DUTY TRUCKS IN ACCORDANCE WITH THE MARITIME CLEAN AIR STRATEGY TRUCK OBJECTIVE 1E

3.

2023-0284 - PRESENTATION AND DIRECTION TO STAFF REGARDING A POTENTIAL MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT

PRESENTATION AND DIRECTION TO STAFF REGARDING A POTENTIAL MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT TO SUPPORT IMPLEMENTATION OF THE MARITIME CLEAN AIR STRATEGY AND THE PORTSIDE COMMUNITY EMISSION REDUCTION PLAN

4.

2023-0239 - ENGINEERING-CONSTRUCTION RESOURCES

A. UPDATE ON ENGINEERING-CONSTRUCTION DEPARTMENT STAFFING AND RESOURCES

B. RESOLUTION AUTHORIZING AMENDMENT NO. 3 WITH AECOM TECHNICAL SERVICES, ARCADIS U.S., INC., HARRIS & ASSOCIATES, INC., AND HDR ENGINEERING, INC. FOR THE FIVE-YEAR AS-NEEDED AGREEMENTS TO INCREASE, AT NO FISCAL IMPACT TO THE DISTRICT, THE COMBINED CONTRACT CAPACITY BY $7,000,000 FOR PROJECT MANAGEMENT/CONSTRUCTION MANAGEMENT SERVICES, INCREASING THE AGGREGATE TOTAL FOR CURRENT AND FUTURE FISCAL YEARS FROM $4,050,000 TO $11,050,000, THEREBY INCREASING THE CAPACITY OF THESE AGREEMENTS TO A LEVEL ALLOWING CONTINUED EXECUTION ON BUDGETED PROJECTS WITH NO CORRESPONDING BUDGET INCREASE

• Recommendation:

5.

2023-0012 - REVIEW AND CONSIDERATION OF DRAFT PROPOSED BOARD AGENDA FOR THE JANUARY 18, 2024 MEETING

• Recommendation:

N.

Officer's Report

1.

2023-0305 - OFFICER'S REPORT

MONTHLY NOTIFICATION OF CHANGE ORDERS PURSUANT TO BPC POLICY NO. 110:

A) Change Order No. 1 to Contract No. 2023-20 with Zasueta Contracting, Inc. - 31 Calendar Day Time Extension thru 12-31-2023

B) Change Order No. 1 to Contract No. 2020-21 with Chambers, Inc. dba Roof Construction - Increases Contract by $36,033.77

MONTHLY NOTIFICATION OF COST RECOVERY USER FEE WAIVERS GRANTED BY THE EXECUTIVE DIRECTOR PURSUANT TO BPC POLICY NO. 106:

None to Report

MONTHLY NOTIFICATION OF RENT REVIEWS CONSENTED TO ADMINISTRATIVELY PURSUANT TO BPC POLICY NO. 355 AS AMENDED ON JANUARY 10, 2017:

A) Rent Review Administrative Approval with BAE Systems San Diego Ship Repair, Inc. dba BAE Systems for Rental Period Beginning 12-15-2023 thru 12-14-2028

MONTHLY NOTIFICATION OF ENCUMBRANCES CONSENTED TO ADMINISTRATIVELY PURSUANT TO BPC POLICY NO. 355 AS AMENDED ON JANUARY 10, 2017:

None to Report

MONTHLY NOTIFICATION OF LEASE AMENDMENTS CONSENTED TO ADMINISTRATIVELY PURSUANT TO BPC POLICY NO. 355 AS AMENDED ON JANUARY 10, 2017:

None to Report