San Diego Unified Port District

Meeting Agenda
Board of Port Commissioners

Tuesday, May 14, 2024 at 1:00 P.m. - 2:00 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

•    Maritime Stakeholder Forum

G.

Commissioners’ Reports

H.

Special Recognition

• Municipal Clerk's Week
• May National Police Week
• Dispatcher Appreciation Week
• Ryan Bennet Crime Stoppers Officer of the Year
• APWA ROADEO Competition
• Asian American Native Hawaiian & Pacific Islander Heritage Month
• Jewish American Heritage Month 
• National Military Appreciation Month

I.

President’s Report

J.

District Clerk’s Announcements

K.

Approval of Minutes

• 10-04-23 Draft Closed Session Meeting Minutes
• 10-17-23 Draft Closed Session Meeting Minutes
• 10-23-23 Draft Closed Session Meeting Minutes
• 02-28-24 Draft Special Meeting Minutes - Port Master Plan Update
• 03-05-24 Draft BPC Retreat Minutes

L.

Consent Agenda

1.

AS NEEDED SOLID WASTE AND RECYCLING COLLECTION, 2024-0010

RESOLUTION (1) FINDING THE BOARD ACTION EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING WITHOUT LIMITATION CEQA GUIDELINES SECTION 15301; AND (2) SELECTING AND AUTHORIZING AN AGREEMENT WITH ALLIED WASTE SYSTEMS, INC. DBA REPUBLIC SERVICES OF SAN DIEGO FOR AS NEEDED SOLID WASTE AND RECYCLING COLLECTION, DISPOSAL AND MANAGEMENT SERVICES FROM AUGUST 1, 2024, TO JUNE 30, 2029, IN AN AMOUNT NOT TO EXCEED $1,800,000. ALL FUNDS REQUIRED WILL BE BUDGETED IN THE APPROPRIATE FISCAL YEAR, SUBJECT TO BOARD APPROVAL UPON ADOPTION OF EACH FISCAL YEAR’S BUDGET.

2.

FIRE ALARM AND SECURITY SYSTEMS MONITORING AND MAINTENANCE SERVICES, 2024-0064

RESOLUTION SELECTING AND AUTHORIZING AN AGREEMENT WITH ACCENT ELECTRONICS, DBA STANDARD ELECTRONICS FOR FIRE ALARM AND SECURITY SYSTEMS MONITORING AND MAINTENANCE SERVICES FROM JULY 1, 2024, TO JUNE 30, 2029, IN AN AMOUNT NOT TO EXCEED $650,000. ALL FUNDS REQUIRED FOR FUTURE FISCAL YEARS WILL BE BUDGETED IN THE APPROPRIATE FISCAL YEAR, SUBJECT TO BOARD APPROVAL UPON ADOPTION OF EACH FISCAL YEAR’S BUDGET.

3.

NATIONAL PUBLIC WORKS WEEK, MAY 19-25, 2024, 2024-204

RESOLUTION PROCLAIMING SUPPORT OF NATIONAL PUBLIC WORKS WEEK, MAY 19-25, 2024

4.

RESOLUTION SELECTING AND AUTHORIZING AGREEMENTS WITH:, 2024-276

A) ATHENIAN LLC.
B) EXCELERATE LLC.
C) MISSION CRITICAL PARTNERS LLC

TO PROVIDE AS NEEDED INFORMATION TECHNOLOGY PROJECT MANAGEMENT OFFICE SERVICES FOR A TOTAL AGGREGATE AMOUNT NOT TO EXCEED $7,000,000 FOR A PERIOD OF (7) SEVEN YEARS (1) ONE MONTH BEGINNING JUNE 1, 2024 AND ENDING JUNE 30, 2031. ALL FUNDS FOR FUTURE FISCAL YEARS WILL BE BUDGETED IN THE APPROPRIATE FISCAL YEAR, SUBJECT TO BOARD APPROVAL UPON ADOPTION OF EACH FISCAL YEAR’S BUDGET.

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

5.

PURCHASE OF EQUIPMENT AND SERVICE AGREEMENT FOR PORT SECURITY GRANT PROGRAM FISCAL YEAR (FY) 2022 PROJECT FOR THE PORT OF SAN DIEGO ENHANCED MARITIME DOMAIN AWARENESS (MDA) DETECTION CAPABILITY, 2024-242

RESOLUTION 1) FINDING THE BOARD ACTION EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING WITHOUT LIMITATION CEQA GUIDELINES SECTION 15301; AND, 2) APPROVING THE PURCHASE OF EQUIPMENT AND SERVICE AGREEMENT FOR PORT SECURITY GRANT PROGRAM FISCAL YEAR (FY) 2022 PROJECT FOR THE PORT OF SAN DIEGO ENHANCED MARITIME DOMAIN AWARENESS (MDA) DETECTION CAPABILITY

6.

LOW CARBON FUEL STANDARDS INTERGOVERNMENTAL SUPPORT AGREEMENT BETWEEN US NAVY AND THE DISTRICT, 2024-281

RESOLUTION AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO EXECUTE A NEW INTERGOVERNMENTAL SUPPORT AGREEMENT BETWEEN THE DISTRICT AND THE UNITED STATES NAVY RELATING TO LOW CARBON FUEL STANDARD CREDITS FROM ADDITIONAL NAVAL BASES IN SUBSTANTIAL FORM AND CONTINGENT ON APPROVAL BY THE CALIFORNIA STATE LANDS COMMISSION

7.

RESOLUTION ACCEPTING A $4,240,000 GRANT FROM THE CALIFORNIA OFFICE OF SUPPLY CHAIN, GOVERNOR’S OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT (GO-BIZ), AND AUTHORIZING THE DISTRICT TO ENTER INTO A GRANT AGREEMENT WITH GO-BIZ, 2024-282

RESOLUTION AUTHORIZING STAFF TO ENTER INTO A GRANT AGREEMENT WITH THE GOVERNOR’S OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT AND ACCEPT $4,240,000 IN GRANT FUNDS TO IMPLEMENT THE MARITIME PORTCONNECT PROJECT WHICH WILL SUPPORT CLOUD-BASED PORT DATA SYSTEM DEVELOPMENT, AND EMERGING DATA AGGREGATION AND ANALYSIS, TO ADVANCE SUPPLY CHAIN EFFICIENCY.

8.

CONTINUANCE OF A LOCAL EMERGENCY – TIJUANA RIVER VALLEY POLLUTION CRISIS, 2024-255

ADOPT A RESOLUTION PROCLAIMING THE CONTINUANCE OF A “LOCAL EMERGENCY” RELATING TO THE ON-GOING TIJUANA RIVER VALLEY TRANSBOUNDARY POLLUTION CRISIS

M.

Public Hearing Agenda

1.

AMENDMENT OF THE SAN DIEGO UNIFIED PORT DISTRICT TARIFF NO. 1-G RATES AND CHARGES, AND UPDATED FORMAT AND LANGUAGE, 2024-099

A.RESOLUTION FINDING THE AMENDMENT TO THE SAN DIEGO UNIFIED PORT DISTRICT TARIFF NO. 1-G, RATES AND CHARGES, TO INCREASE RATES, ADD NEW RATES, AND UPDATE TARIFF FORMAT AND LANGUAGE AS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AS SPECIFIED UNDER SECTIONS 15723 AND 15301 OF THE CEQA GUIDELINES

B.CONDUCT A PUBLIC HEARING AND ADOPT AN ORDINANCE AMENDING THE SAN DIEGO UNIFIED PORT DISTRICT TARIFF NO. 1-G, RATES AND CHARGES, ADD NEW RATES, AND UPDATE TARIFF FORMAT AND LANGUAGE

N.

Action Agenda

1.

INVASIVE ALGAE - CAULERPA PROLIFERA, 2024-101

A) PRESENTATION ON THE STATUS OF THE PRESENCE OF CAULERPA PROLIFERA IN THE CORONADO CAYS AND SOUTH SAN DIEGO BAY; AND

B) ADOPT A RESOLUTION PROCLAIMING THE CONTINUANCE OF LOCAL EMERGENCY DUE TO THE PRESENCE OF AN INVASIVE ALGAE CAULERPA PROLIFERA

2.

MARITIME INDUSTRIAL IMPACT FUND UPDATE FUNDING FORMULA, 2024-280

A. PRESENTATION ON THE BACKGROUND OF THE MARITIME INDUSTRIAL IMPACT FUND; AND
B. ADOPT A RESOLUTION AMENDING BOARD OF PORT COMMISSIONERS (BPC) POLICY NO. 773 BY UPDATING THE FUNDING FORMULA FOR THE MARITIME INDUSTRIAL IMPACT FUND BY INCREASING THE FUND TO 3.0% OF THE DISTRICT’S ANNUAL GROSS MARITIME INDUSTRIAL REVENUE AND UPDATE THE POLICY WITH CLARIFYING LANGUAGE REGARDING FUNDING USES OR AS DIRECTED BY THE BPC.

3.

RESOLUTION ADOPTING THE FY 2025 PRELIMINARY BUDGET AND SETTING THE DATE FOR PUBLIC HEARING ON THE BUDGET AS JUNE 18, 2024, 2024-098

RESOLUTION ADOPTING THE FY 2025 PRELIMINARY BUDGET AND SETTING THE DATE FOR PUBLIC HEARING ON THE BUDGET AS JUNE 18, 2024

4.

REVIEW AND CONSIDERATION OF DRAFT PROPOSED BOARD AGENDA FOR THE JUNE 18, 2024 MEETING, 2024-201

O.

Officer's Report

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

A) Change Order No. 1 to Contract No. 2022-01R with AMG Demolition and Environmental Service, Inc. - Increases Contract Amount by $104,008.32

B) Change Order No. 2 to Contract No. 2020-21 with Chambers, Inc. dba Roof Construction - Decreases Contract Amount by $127,665.95 & 10 Calendar Day Time Extension thru 03-01-2024

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

A) Request for User Fee Waiver Form from Honor Flight San Diego for Right of Entry Permit for Public Parking Related to Honor Flight San Diego Homecoming Event, for total amount $550.00

B) Request for User Fee Waiver Form from Noise Control Engineering, LLC for Underwater Sound Assessment for Crowley Tugs, for total amount $2,350.00

C) Request for User Fee Waiver Form from Juniper-Front Community Garden, Inc. for Juniper-Front Community Garden Perimeter Expansion, for total amount $2,786.00

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

None to Report

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:

A) Amendment No. 3 to Lease (#73218) with Malibu Farms - Amends Section 4.2 Percentage Rent