2003 Minutes - Port of San Diego

Transcription

January 7, 2003
Page 1
MINUTES
BOARD OF PORT COMMISSIONERS
SAN DIEGO UNIFIED PORT DISTRICT
The regular meeting of the Board of Port Commissioners of the San Diego
Unified Port District was called to order by Commissioner Cushman at 2:08 p.m.
Tuesday, January 7, 2003, in the Board Room at 3165 Pacific Highway, San Diego,
California.
ROLL CALL
Agenda Item 1.
Present:
COMMISSIONERS Bixler, Cushman, Davis, McQuater, Spane,
Van Deventer; OFFICERS Hollingsworth, Darbeau, Corey-Born,
Heinrichs and McEntee.
Absent:
None.
Excused:
Hall was excused for personal reasons.
Commissioner Cushman thanked the Board and staff for the tribute at today’s
swearing-in lunch and then Commissioner Cushman turned the gavel over to Chairman
Van Deventer.
APPROVAL OF MINUTES
Agenda Item 2. The minutes submitted for the special meeting of December 17,
2002, and the regular meeting of December 17, 2002, were approved on motion of
Commissioner Cushman, seconded by Commissioner Davis.
January 7, 2003
Page 2
PUBLIC COMMUNICATIONS
Agenda Item 3. None.
CONSENT AGENDA
Chairman Van Deventer announced that at the request of staff, item 9
(Resolution authorizing Change Order No. 7 to Contract No. 2002-01, with Bellingham
Marine Industries, Inc.) would be continued to the January 28th Board meeting.
On motion of Commissioner Cushman, seconded by Commissioner Davis, the
Board, with a single vote, adopted the remaining consent agenda items 4 through 8
(Ordinances 2235 and 2236, and Resolutions 2003-01 through and including 2003-06)
by the following vote: Yeas-Bixler, Cushman, Davis, McQuater, Spane, Van Deventer;
Nays-None; Excused-Hall; Absent-None; Abstained-None, as follows:
DISPOSITION OF SURPLUS EQUIPMENT
Agenda Item 4. RESOLUTION 2003-01 declaring that the equipment listed on
the Surplus Equipment Listing, attached thereto as Exhibit A and by this reference made
a part thereof, (Exhibit A is on file in the Office of the District Clerk), to be surplus to
the needs of the District and shall be disposed of in accordance with the procedures
prescribed in BPC Policy No. 111, was adopted as part of the consent agenda.
CONFIRMATION OF APPOINTMENT BY THE EXECUTIVE DIRECTOR OF THE
FOLLOWING OFFICER: CHIEF ENGINEER
Agenda Item 5. RESOLUTION 2003-02 confirming the appointment of Charles A.
(Tony) Heinrichs as Chief Engineer for the remainder of Fiscal Year 2002-2003, was
adopted as part of the consent agenda.
January 7, 2003
Page 3
CONSENT TO AMENDMENT OF SUBLEASE BETWEEN SAN DIEGO SEAPORT
VILLAGE, LTD. AND WATERVIEW RESTAURANTS, INC.
Agenda Item 6a. RESOLUTION 2003-03 granting consent for Sea Port Village to
enter into a Fifth Amendment to Sublease with Water View Restaurants, Inc.
(Sublessee) for approximately 2,272 square feet of its leased premises located on West
Harbor Drive in the City of San Diego for the limited use of the premises as provided in
the sublease document, as amended, between the parties and for no other purpose
whatsoever for a period of time not to exceed Thirty Eight (38) Years, Eleven (11)
Months and Twenty Seven (27) Days commencing October 4, 1979 and ending
September 30, 2018, subject to earlier termination; provided, however, in the event the
District grants Sea Port Village an extension of its master lease, as amended, Sea Port
Village shall grant to Sublessee an extension of said sublease in accordance with the
terms, covenants and conditions contained in said Fifth Amendment, and further, Sea
Port Village shall advise the District, in writing, of the terms and conditions of any
extension granted to Sublessee; said consent shall be subject to certain express
conditions as more particularly outlined in Resolution 2003-03, was adopted as part of
the consent agenda.
VILLAGE, LTD. HH RESTAURANT, INC.
Agenda Item 6b. RESOLUTION 2003-04 granting consent for Sea Port Village to
enter into a Fifth Amendment to Sublease with HH Restaurant, Inc. (Sublessee) for
approximately 10,810 square feet of its leased premises located on West Harbor Drive
in the City of San Diego for the limited use of the premises as provided in the sublease
document, as amended, between the parties and for no other purpose whatsoever for a
period of time not to exceed Nineteen (19) Years and Five (5) Months commencing May
1, 1979 and ending September 30, 1998, plus Four (4) additional Five (5) year options,
subject to earlier termination; provided, however, in the event the District grants Sea
Port Village an extension of its master lease, as amended, Sea Port Village shall grant to
Sublessee an extension of said sublease in accordance with the terms, covenants and
conditions contained in said Fifth Amendment, and further, Sea Port Village shall advise
the District, in writing, of the terms and conditions of any extension granted to
Sublessee; said consent shall be subject to certain express conditions as more
particularly outlined in Resolution 2003-04, was adopted as part of the consent agenda.
January 7, 2003
Page 4
VILLAGE, LTD. AND WATER VIEW RESTAURANTS, INC. DBA EDGEWATER
GRILL.
Agenda Item 6c. RESOLUTION 2003-05 granting consent for Sea Port Village to
enter into a fifth amendment to sublease with Water View Restaurants, Inc., dba
Edgewater Grill, (Sublessee) for approximately 8,686 square feet of its leased premises
located on West Harbor Drive in the City of San Diego for the limited use of the
premises as provided in the sublease document, as amended, between the parties and
for no other purpose whatsoever for a period of time not to exceed Thirty Nine (39)
Years, and Five and One-Half (5-1/2) Months commencing April 15, 1979 and ending
September 30, 2018, subject to earlier termination; provided, however, in the event the
District grants Sea Port Village an extension of its master lease, as amended, Sea Port
Village shall grant to Sublessee an extension of said sublease in accordance with the
terms, covenants and conditions contained in said Fifth Amendment, and further, Sea
Port Village shall advise the District, in writing, of the terms and conditions of any
extension granted to Sublessee; said consent shall be subject to certain express
the consent agenda.
ORDINANCE AUTHORIZING ASSIGNMENTS OF FOUR AVIGATION
EASEMENTS TO THE SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY
Agenda Item 7. ORDINANCE 2235 authorizing and directing the execution of
Four (4) Assignments of Avigation Easements with each of the parties listed on the
document entitled "Avigation Easements Being Assigned from San Diego Unified Port
District to San Diego County Regional Airport Authority", attached thereto as Exhibit A
and by this reference made a part thereof, (Exhibit A is on file in the Office of the
District Clerk), on or after January 1, 2003; said Exhibit A reflects the address of the
property involved, the name of the Grantor, the date of the Avigation Easement and the
District Document Number thereof; Four (4) separate Assignments of Avigation
Easement documents shall be placed on file in the office of the District Clerk, was
January 7, 2003
Page 5
ORDINANCE AUTHORIZING ASSIGNMENT AND ASSUMPTION OF TWO (2)
MISCELLANEOUS AGREEMENTS TO THE SAN DIEGO COUNTY REGIONAL
AIRPORT AUTHORITY
Assignment and Assumption documents, which provide for the District to assign,
transfer and set over unto the Authority, all of the District’s right, title and interest in
and to said miscellaneous agreements, on or after January 1, 2003, described on
Exhibit A, entitled “Miscellaneous Agreements Being Assigned from San Diego Unified
Port District to San Diego County Regional Airport Authority”, attached thereto and by
this reference made a part thereof, (Exhibit A is on file in the Office of the District
Clerk); said Exhibit A reflects the name of the party to the Agreement, the type of
Agreement, the date of the Agreement, and the District Document Numbers thereof;
Two (2) separate Assignments and Assumption documents shall be placed on file in the
office of the District Clerk, was adopted as part of the consent agenda.
APPOINTMENT OF COMMISSIONER EMERITUS PAUL H. SPEER TO THE
BOARD OF DIRECTORS OF THE SAN DIEGO ECONOMIC DEVELOPMENT
CORPORATION
Agenda Item 8. RESOLUTION 2003-06 appointing Commissioner Emeritus Paul
H. Speer, former Chairman and member of said Board of Port Commissioners, as
representative of the San Diego Unified Port District to the Board of Directors of the San
Diego Economic Development Corporation through December 31, 2003; further,
rescinding Resolution 2001-127, adopted June 19, 2001, appointing Susan Lew as the
District’s representative to said Board of Directors of the San Diego Economic
Development Corporation, was adopted as part of the consent agenda.
PRESENTATION
PRESENTATION OF THE DISTRICT’S EMPLOYEE OF THE QUARTER FOR THE
3RD QUARTER OF 2002
Agenda Item 10. Bruce Hollingsworth, Executive Director, announced that Rubi
De Guzman, Associate Accountant, Financial Services was chosen as Employee of the
Quarter for the third quarter of 2002. Ms. De Guzman was recognized for her
continuous effort to improve finance accounting systems and procedures.
January 7, 2003
Page 6
PRESENTATION: SAN DIEGO CONVENTION CENTER CORPORATION
ECONOMIC AND FISCAL IMPACT STUDY
Agenda Item 11. Chris Anderson, Vice President, Operations, introduced to the
Board Dan McAllister and Carol Wallace, representing the San Diego Convention Center
Corporation (SDCCC). Mr. McAllister addressed the Board and presented the results of
a study of the SDCCC’s economic and fiscal benefits. (A copy of the staff report and
presentation are on file in the Office of the District Clerk.) Mr. McAllister thanked the
Board for their financial support of the SDCCC.
Commissioner discussion ensued. Commissioner Davis requested and received
clarification from Mr. McAllister and Ms. Wallace regarding the City of San Diego’s
investment in the SDCCC facilities. Commissioner Davis requested that staff utilize a
chart similar to the one used by SDCCC to illustrate the District’s revenues and
expenses. Commissioner Cushman requested that District’s financial contribution be
reflected in the chart presented by SDCCC in a more positive manner. Chairman Van
Deventer requested that SDCCC continue to build up the public art program at the
Convention Center.
ACTION AGENDA
HOLD PUBLIC HEARING AND ADOPT AN ORDINANCE AMENDING PORT OF
SAN DIEGO TARIFF NO. 1-G RATES AND CHARGES
Agenda Item 12. Chris Anderson, Vice President, Operations, addressed the
Board and presented staff recommendations regarding amending the District’s Tariff
Rates and Charges. (A copy of the staff report is on file in the Office of the District
Clerk.) Chairman Van Deventer opened the Public Hearing. Earl Hansen, representing
The Pasha Group, addressed the Board and expressed concerns from several
automobile manufacturers regarding the Tariff increases. Mr. Hansen requested that
adjustments to the Tariff be based on the Producer Price Index (PPI) rather than the
Consumer Price Index (CPI).
David Haney, representing American Honda, addressed the Board regarding the
proposed Tariff increase. No one else requested to speak and Chairman Van Deventer
closed the Public Hearing.
January 7, 2003
Page 7
Commissioner discussion ensued. Commissioner Cushman discussed the timing
of the proposed Tariff increase and stated his support for the increase. Commissioner
Bixler requested staff provide additional information on the cost of rail freight in and out
of San Diego and how it impacts the District. Commissioner Bixler requested that staff
reply to the issues raised by the commercial fisherman.
In response to an inquiry from Commissioner Davis, Ms. Anderson and Stan
Westover, Director, Marine Operations, provided additional information regarding the
revenue generated from the automotive industry and the impact of the Tariff increase
on projected revenues. Commissioner Davis requested and received clarification from
Ms. Anderson regarding the District’s agreement with The Pasha Group. Mr. Hansen
discussed the competition with other ports for the automotive industry. Chairman Van
Deventer requested and received clarification from Ms. Anderson regarding the
difference in the PPI and CPI increases. Ms. Anderson reminded the Board that the
proposed rates will become effective in August, 2003, which would allow staff time to
further examine the vehicle rates and bring back any proposed revisions. Ms. Anderson
also stated the Board might wish to remove the vehicle rate from the proposed
increase, which would allow staff to bring back a recommendation at another time.
Commissioner McQuater stated the importance of not placing the District at a
competitive disadvantage with other ports by increasing the Tariff rates. Commissioner
Cushman requested and received clarification from Mr. Hansen regarding the
cancellation clauses included in the agreement with the automobile manufacturers.
Commissioner Cushman stated that approving the Tariff today would allow the
automotive industry sufficient time to adjust to the increase. Commissioner Davis
requested and received clarification from Ms. Anderson regarding the impact of raising
the Tariff rates on other industries. Commissioner Davis expressed concern regarding
the lack of information provided by staff regarding this item. Commissioner Bixler
reiterated his request that staff respond to the issues raised by the commercial
fisherman and report back to the Board within three months. Commissioner Spane
stated he also needed additional information regarding this item before making a
decision.
Bruce Hollingsworth, Executive Director, suggested that this item be continued to
allow staff to provide additional information to the Board. Commissioner Van Deventer
requested that staff provide the additional information in chart format regarding the
difference between PPI and CPI adjustments. Chairman Van Deventer stated this item
would be continued to a future Board meeting.
January 7, 2003
Page 8
ORDINANCE ESTABLISHING PARKING RATES FOR SHELTER ISLAND’S
SPORTFISHING PARKING LOTS
Agenda Item 13. Jeff Edgren, Senior Asset Manager, Real Estate, addressed the
Board and presented staff recommendations regarding the Sportfishing Landing Public
Parking rates. (A copy of the staff report is on file in the Office of the District Clerk.)
Chairman Van Deventer opened the Public Hearing. No one requested to speak
and Chairman Van Deventer closed the Public Hearing.
Commissioner discussion ensued. Commissioner Bixler requested and received
clarification from Mr. Edgren regarding the impact that eliminating employee parking
would have on employees. Bruce Hollingsworth, Executive Director stated that the City
of San Diego is considering issuing permits for residential parking in the area, which
may also have an impact on employee parking.
On motion of Commissioner Davis, seconded by Commissioner Bixler, the Board
adopted ORDINANCE 2237 establishing the parking rates for Shelter Island's
Sportfishing Parking Lot (Main Parking Lot), located on Scott Street, near Harbor Drive,
in the City of San Diego, and for Shelter Island’s Sportfishing Parking Lot (Westy’s Lot),
located on North Harbor Drive, near Scott Street, in the City of San Diego; said parking
rates subject to certain terms and conditions as more particularly described in
Ordinance 2237; further, repealing Ordinance 1367 entitled "An Ordinance Establishing
Parking Rates for Shelter Island's Sportfishing Parking Lots", upon posting of said rates,
was adopted by the following vote: Yeas-Bixler, Cushman, Davis, McQuater, Spane,
Van Deventer; Nays-None; Excused-Hall; Absent-None; Abstained-None.
APPROVAL OF PRELIMINARY PROJECT REVIEW FOR REDEVELOPMENT OF
KOEHLER KRAFT COMPANY, INC. IMPROVEMENTS; DIRECT STAFF TO
PROCEED WITH AN ENVIRONMENTAL REVIEW FOR PROPOSED
REDEVELOPMENT; DIRECT STAFF TO NEGOTIATE PLANS AND
SPECIFICATIONS AND TO NEGOTIATE A NEW 30-YEAR LEASE
Agenda Item 14. Jeff Edgren, Senior Asset Manager, Real Estate, addressed the
Board and presented staff recommendations regarding the redevelopment of Koehler
Kraft Company, Inc. (A copy of the staff report and presentation are on file in the
Office of the District Clerk.)
January 7, 2003
Page 9
On motion of Commissioner Davis, seconded by Commission Cushman, the
Board granted conceptual approval for the preliminary project review for redevelopment
of Koehler Kraft Company, Inc. improvements; and directed staff to proceed with an
environmental review for proposed redevelopment, to negotiate plans and
specifications, and to negotiate a new 30-year lease; as outlined in the staff report, by
the following vote: Yeas-Bixler, Cushman, Davis, McQuater, Spane, Van Deventer;
Nays-None; Excused-Hall; Absent-None; Abstained-None.
EXECUTIVE DIRECTOR’S REPORT
Agenda Item 15. Bruce Hollingsworth, Executive Director informed the Board
that Alan Redmon, Project Manager, Engineering, has been activated in the military and
deployed to Kuwait. Mr. Hollingsworth reported that Craig Behning, Maintenance
Worker III, General Services, received a $500 scholarship.
COMMISSIONER COMMENTS
ADDITION OF CLOSED SESSION
Chairman Van Deventer noted there were no additional items on the open
session agenda for discussion. Ellen Corey Born, Interim Port Attorney, advised the
Board that subsequent to the posting of the agenda, an item had come to her attention
and requested that the Board vote to add an item to the agenda. On motion of
Commissioner McQuater, seconded by Commissioner Cushman, the Board, by a
unanimous vote, added the item as follows, whereupon the Board adjourned to closed
session (Commissioner Hall was excused):
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(a):
Tuchscher Development, Inc. vs. Lennar Corporation, SDUPD, et al.
San Diego Superior Court No. GIC 758620.
January 7,2003
Page 10
OPEN SESSION
After the closed session was concluded, the Board reconvened in open public
session. (Commissioner Hall was excused.) There was no action to report, whereupon
Chairman Van Deventer adjourned the meeting.
I/
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SecrefQiy,\#oa !rd Port Commissioners
San 6iegopnified Port District
AlTEST:
Clerk of the San w g o Unified Port District
January 16, 2003
Page 11
MINUTES
As previously posted, a special meeting of the Board of Port Commissioners of
the San Diego Unified Port District was called to order by Chairman Van Deventer at
8:00 a.m. Thursday, January 16, 2003, at the Coronado Island Marriott, Black Swan
Room, 2000 Second Street, Coronado, CA 92118.
Present:
COMMISSIONERS Bixler, Cushman, Davis, Hall, Spane, Van Deventer;
OFFICERS Hollingsworth, Corey-Born.
Absent:
None.
Excused: Commissioner McQuater was excused until such time as she arrived
(at 12:30 p.m.).
None.
RETREAT
The Board assessed last year’s activities and discussed the role of the Board for
the upcoming year. Other issues discussed at the retreat included promotional
activities, trade mission, and the state and federal inter-governmental relations
strategy.
January 16,2003
Page 12
There was no further action to report, whereupon Chairman Van Deventer
adjourned the special meeting at 4:OO p.m.
ATTEST:
Clerk of the San6iego Unified Port District
January 28, 2003
Page 13
MINUTES
9:07 a.m. Tuesday, January 28, 2003, in the Board Room at 3165 Pacific Highway, San
Diego, California.
ROLL CALL
Agenda Item 1.
Present:
COMMISSIONERS Bixler, Davis, Hall, McQuater, Spane, Van
Deventer; OFFICERS Hollingsworth, Darbeau, Corey-Born,
Heinrichs, and McEntee.
Absent:
None.
Excused:
Cushman was excused for personal reasons.
WORKSHOP
CAMPBELL SHIPYARD SEDIMENT REMEDIATION
Agenda Item 3.
David Merk, Director, Environmental Services, and Paul
Brown, Project Analyst, briefed the Board on the on-going environmental remediation
activities at the proposed Convention Center Hotel site. Mr. Merk provided a historical
overview of the site and Mr. Brown outlined the remediation alternatives. (A copy of
the staff report and presentation are on file in the Office of the District Clerk.) The
remediation alternatives discussed for the water side were excavation and removal of
January 28, 2003
Page 14
contaminated sediments, an engineered cap, a habitat cap, and a hybrid engineered
cap and habitat cap.
The following individuals addressed the Board with varying viewpoints regarding
the sediment remediation for the water parcel in front of the proposed Convention
Center Hotel site: Ed Kimura, representing the Sierra Club; Dick Cloward, representing
the San Diego Port Tenants Association; Captain Philip Ryan, representing the San
Diego Bay Pilots; and George Palermo representing San Diego Harbor Excursion.
Commissioner discussion ensued. Commissioner Spane stressed the importance
of the general public having access to the Bay and land. Commissioner Bixler stated his
support for the engineered thin cap alternative. Commissioner McQuater requested
additional information from staff regarding the justification for staff’s recommendation
of the habitat cap alternative. Mr. Merk discussed the timeline for the remediation and
stated that the Board will need to decide on an alternative by March 1, 2003.
Commissioner Davis requested and received clarification from Mr. Merk regarding the
decision making process utilized for staff’s recommendation. Commissioner Hall
requested and received clarification from Mr. Merk regarding whether staff sought input
from maritime operations on the Bay.
Commissioner Spane reiterated the importance of the public not losing access to
the Bay. Commissioner Spane expressed his concern in regard to making the decision
for an alternative based on expediency rather than making the decision strategically. In
response to an inquiry from Commissioner Hall, Mr. Merk provided additional
information regarding the cleanup of Switzer Creek. Commissioner Van Deventer stated
this item would come back to the Board for approval at the second meeting in
February. Bruce Hollingsworth, Executive Director provided clarification on the impact
of the timeline for this project on the Hilton San Diego Convention Center Option
Agreement.
Chairman Van Deventer announced that the Board would take a short break
before the next agenda item.
Chairman Van Deventer called the meeting back to order at 10:30 a.m.
January 28,2003
Page 15
TRAINING SESSION FOR FILERS OF STATEMENTS OF ECONOMIC INTEREST
(FORM 700)
Acrenda Item 4. Ellen Corey Born, Interim Port Attorney, stated that, pursuant to
the District's Code of Ethics, each year, prior to annual filing of the Statements of
Economic Interest, a training session will be held. Bill McMinn, Deputy Port Attorney,
addressed the Board and introduced Scott Tocher, representing California Fair Political
Practices Commission (FPPC). Mr. Tocher stated the intent of today's meeting is to
provide training on the Conflicts of Interest under the Political Reform Act, and will not
include the District's Code of Ethics. (A copy of the staff report, presentation and
handout are on file in the Office of the District Clerk.) Mr. Tocher outlined in detail
eight steps to assist in deciding whether an individual has a financial conflict of interest
under the Political Reform Act. The Board requested and received clarification on a
variety of conflict of interest issues, including what constitutes economic interests, and
additional information on determining whether an economic interest is directly or
indirectly involved in the governmental decision. Commissioner Bixler requested further
clarification from staff regarding reportable gifts relating to Commissioners and staff
traveling to other ports. Bruce Hollingsworth, Executive Director, requested and
received clarification from Mr. Tocher regarding whether a Board advisory committee
member may have a conflict of interest under the Political Reform Act. Commissioner
Bixler requested and received clarification from Mr. Tocher regarding when a
Commissioner must leave the dais due to a conflict of interest.
The Board thanked Mr. Tocher for his presentation. There was no further action
to report, whereupon Chairman Van Deventer adjourned the special meeting at 12:OO
p.m.
/
of Port Commissioners
Port District
ATTEST:
Clerk of the San Hego UnifikJ Port District
January 28, 2003
Page 16
MINUTES
Unified Port District was called to order by Commissioner Van Deventer at 1:02 p.m.
Tuesday, January 28, 2003, in the Board Room at 3165 Pacific Highway, San Diego,
California.
ROLL CALL
Agenda Item 1.
Present:
COMMISSIONERS Bixler, Cushman, Davis, Hall, McQuater, Spane,
Van Deventer; OFFICERS Hollingsworth, Darbeau, Corey-Born,
Heinrichs and McEntee.
Absent:
None.
Excused:
None.
SWEARING IN OF RE-APPOINTED CITY OF CHULA VISTA COMMISSIONER
WILLIAM HALL
Agenda Item 2. Wayne Darbeau, Vice President, Administration/District Clerk,
administered the oath of office to re-appointed City of Chula Vista Commissioner
William Hall.
APPROVAL OF MINUTES
Agenda Item 3. The minutes submitted for the special meeting of December 30,
2002, and the regular meeting of January 7, 2003, were approved on motion of
Commissioner Davis, seconded by Commissioner Bixler.
January 28, 2003
Page 17
CONSENT AGENDA
Chairman Van Deventer announced that item 12 (Resolution rejecting bids from
Krueger International Inc., Boise Workspace Interiors, and Seal Furniture, and awarding
Bid PD02-17 to Parron Hall Office Interiors) would be continued to a future Board
meeting. Chairman Van Deventer announced that item 15 (Resolution authorizing First
Amendment to Agreement with Moffatt & Nichol Engineers to provide additional design
of Maritime Security Enhancements) would be moved to the action agenda for separate
discussion and vote.
Commissioner Bixler announced that due to a possible conflict of interest, he
would be abstaining on item 19 (Resolution establishing rent for Southwestern Yacht
Club).
Commissioner Cushman requested that item 16 (Resolution establishing rent for
Ameritas Life Insurance Corporation), item 18 (Resolution establishing rent for Silver
Gate Yacht Club) and item 19 (Resolution establishing rent for Southwestern Yacht
Club) be pulled for separate discussion and vote.
On motion of Commissioner Davis, seconded by Commissioner Hall, the Board,
with a single vote, adopted the remaining consent agenda items 5 through 11, 13, 14,
17 and 20 (Ordinances 2238, and Resolutions 2003-07 through and including 2003-16)
by the following vote: Yeas-Bixler, Cushman, Davis, Hall, McQuater, Spane, Van
Deventer; Nays-None; Excused-None; Absent-None; Abstained-None, as follows:
AMENDMENT TO AGREEMENT WITH CITY OF SAN DIEGO
Agenda Item 5. RESOLUTION 2003-07 authorizing a Fourth Amendment to
Agreement with the City of San Diego, a municipal corporation, (City) for the processing
of parking violations; said Fourth Amendment provides that the City shall retain from
the fees collected on behalf of the District, as compensation for the services provided,
an amount equal to $5.66 for each citation that is processed, in accordance with the
terms, covenants and conditions contained in said Fourth Amendment to Agreement, on
January 28, 2003
Page 18
file in the office of the District Clerk as Document No. 45409, was adopted as part of
the consent agenda.
ASSIGNMENT OF AGREEMENTS FROM SAN DIEGO UNIFIED PORT DISTRICT
TO SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY
Agenda Item 6. RESOLUTION 2003-08 authorizing and directing the execution
of Assignment and Assumption documents between the San Diego Unified Port District
and the San Diego County Regional Airport Authority for Twenty Five (25) Agreements,
including any amendments thereto, which Assignment and Assumption documents
provide for the District to assign, transfer and set over unto the Authority all of the
District’s right, title and interest in and to said Agreements, on or after December 16,
2002, and described on Exhibit A, entitled “Agreements/Contracts for Assignment”,
attached thereto and by this reference made a part hereof (Exhibit A is on file in the
Office of the District Clerk); said Exhibit A reflects the District Document No. and the
Consultant and Type of Agreement/Services; further, authorizing and directing the
execution of Assignment and Assumption documents between the San Diego Unified
Port District and the San Diego County Regional Airport Authority for Three (3)
Agreements, including any amendments thereto, which Assignment and Assumption
documents provide for the District to assign, transfer and set over unto the Authority all
of the District’s right, title and interest in and to said Agreements, on or after December
16, 2002, and described on Exhibit B, entitled “Agreements/Contracts for Assignment,”
attached thereto and by this reference made a part hereof (Exhibit B is on file in the
Office of the District Clerk); said Exhibit B reflects the District Document No. and the
Consultant and Type of Agreement/Services; the documents listed in said Exhibit B
require the consent of the Consultant to said Agreement; said Agreements shall be
assigned in accordance with the terms, covenants and conditions contained in said
Assignment and Assumption documents, and said assignment shall be subject to the
acceptance by the Authority, on terms acceptable to the District; the Assignment and
Assumption documents shall be placed on file in the office of the District Clerk, was
REJECTION OF CLAIM – BETTY ANN TORNAY
Agenda Item 7. RESOLUTION 2003-09 rejecting the claim filed against the San
Diego Unified Port District on December 23, 2002, by Betty Ann Tornay for damage to
January 28, 2003
Page 19
her swimming pool allegedly caused by debris falling from aircraft taking off from
Lindbergh Field and flying over her home, was adopted as part of the consent agenda.
REJECTION OF CLAIM – SHARON BERGAN
Agenda Item 7. RESOLUTION 2003-10 rejecting the claim filed against the San
Diego Unified Port District on December 17, 2002, on behalf of District employee
Sharon Bergan for damages allegedly sustained as a result of sexual harassment,
discrimination, and retaliation in her position as a Sergeant with the Harbor Police
Department, was adopted as part of the consent agenda.
AUTHORIZATION TO ENTER INTO AGREEMENTS WITH MARSH USA INC., DBA
MARSH RISK & INSURANCE SERVICES; AON RISK SERVICES, INC., AND
DRIVER ALLIANT INSURANCE SERVICES, INC.
Agenda Item 8. RESOLUTION 2003-11 authorizing Agreements with the firms of
Marsh USA Inc., dba Marsh Risk & Insurance Services, a Delaware corporation; AON
Risk Services, Inc., a California corporation, and Driver Alliant Insurance Services, Inc.,
a California corporation, to provide Risk Management Consultant/Broker Services; for an
aggregate amount not to exceed $732,000.00 for the three year period commencing
February 1, 2003, and ending January 31, 2006, subject to earlier termination; said
Agreements, on file in the office of the District Clerk as Document Nos. 45410, 45411,
45412, respectively, shall be subject to certain express conditions as more particularly
outlined in Resolution 2003-11, was adopted as part of the consent agenda.
AUTHORIZATION TO ENTER INTO AGREEMENT WITH ECONOMICS RESEARCH
ASSOCIATES
Agenda Item 9.
RESOLUTION 2003-12 authorizing an Agreement with
Economics Research Associates, a California corporation, to provide an Analysis of the
Fiscal and Economic Impact of the Business and Operations on the District’s tidelands,
excluding the San Diego International Airport (Airport), the Airport’s tenants, and the
businesses that provide goods and services to the Airport, for a period of time
commencing in accordance with Paragraph 24 of said Agreement and terminating on
October 31, 2003, subject to earlier termination, for a total amount not to exceed
$125,000.00; said funds to be disbursed in accordance with the terms, covenants and
January 28, 2003
Page 20
conditions contained in said Agreement, on file in the office of the District Clerk as
Document No. 45413, was adopted as part of the consent agenda.
AMENDMENT OF BPC POLICY 025, REQUEST FOR FINANCIAL ASSISTANCE
Agenda Item 10. RESOLUTION 2003-13 adopting Board of Port Commissioners
Policy No. 025, Request for Financial Assistance, as amended, a copy of which is on file
in the office of the District Clerk as Document No. 45414, was adopted as part of the
consent agenda.
AUTHORIZATION TO ENTER INTO AGREEMENT WITH MERKEL & ASSOCIATES
INC.
Agenda Item 11. RESOLUTION 2003-14 authorizing an Agreement with Merkel
& Associates, Inc. to provide professional services to Finalize and Implement Eelgrass
Mitigation and Monitoring for the National City Wharf Extension Project for a period of
Five (5) Years, commencing in accordance with the terms, covenants and conditions
contained in said Agreement, subject to earlier termination, for total compensation not
to exceed $110,450.00; said Agreement is on file in the office of the District Clerk as
Document No. 45415, was adopted as part of the consent agenda.
AUTHORIZATION TO ENTER INTO A MEMORANDUM OF UNDERSTANDING
WITH THE CITY OF SAN DIEGO
Agenda Item 13.
RESOLUTION 2003-15 authorizing a Memorandum of
Understanding for the Construction of Group 525-D 16-Inch Water Pipeline on Harbor
Drive (MOU), with the City of San Diego, a municipal corporation, to proceed with the
construction of said Project by the District; further, that the City shall reimburse the
District at the current estimate of the Project Construction Cost, $820,000.00, plus an
additional Ten Per Cent (10%) of the total Project Construction Cost for overall
construction management, including general administration, engineering and field
construction management for all construction activities (Administrative Cost), for a total
amount not to exceed $902,000.00; said funds to be paid to the District in accordance
with the terms, covenants and conditions contained in said MOU, to be placed on file in
the office of the District Clerk as Document No. 45416; in the event the total cost of
said Project exceeds the sum of $902,000.00, it has been agreed, in accordance with
January 28, 2003
Page 21
Paragraph 2.c. of said MOU, that the City will need prior approval of the City Council
before any further funds are paid to the District; in the further event said additional
funds are authorized by the City Council, reimbursement will be made in a lump sum
amount after the Notice of Completion has been filed; was adopted as part of the
consent agenda.
CHANGE ORDER NO. 7 TO CONTRACT 2002-01, ACCESSIBLE BOAT DOCKS,
SAN DIEGO BAY, WITH BELLINGHAM MARINE INDUSTRIES, INC.
Agenda Item 14. RESOLUTION 2003-16 authorizing the execution of Change
Order No. 7 to Contract 2002-01, Accessible Boat Docks, San Diego Bay, with
Bellingham Marine Industries, Inc., increasing the contract by an amount not to exceed
$190,000.00, was adopted as part of the consent agenda.
ORDINANCE AMENDING LEASE AGREEMENT BETWEEN THE SAN DIEGO
UNIFIED PORT DISTRICT AND PORT CORONADO ASSOCIATES, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY COMPRISED OF ARTHUR E.
ENGEL, TRUSTEE OF THE ARTHUR E. ENGEL TRUST OF 1988, HERBERT G.
ENGEL, TRUSTEE OF THE HERBERT G. ENGEL TRUST UDT DATED MAY 28,
1996, DAVID R. ENGEL, TRUSTEE OF THE DAVID R. ENGEL TRUST OF 1990,
AND WILLIAM M. JOHNSTON, AN INDIVIDUAL
Agenda Item 17. ORDINANCE 2238 amending the lease agreement dated June
30, 1986, between the San Diego Unified Port District and Port Coronado Associates,
LLC, a California Limited Liability Company comprised of Arthur E. Engel, Trustee of The
Arthur E. Engel Trust of 1988, Herbert G. Engel, Trustee of The Herbert G. Engel Trust
UDT Dated May 28, 1996, David R. Engel, Trustee of The David R. Engel Trust of 1990,
and William M. Johnston, an Individual, in accordance with Agreement for Amendment
of Lease, Amendment No. 4, on file in the office of the District Clerk as Document No.
45418; further, that this ordinance shall take effect on the 31st day from its passage by
the Board of Port Commissioners, was adopted as part of the consent agenda.
January 28, 2003
Page 22
APPOINTMENT OF BRAD LEWIS TO THE PUBLIC ART COMMITTEE
Agenda Item 20. Staff’s recommendation to appoint Brad Lewis to the Public Art
Committee for a three-year term, consistent with BPC Policy 609, was accepted as part
of the consent agenda.
RESOLUTION ESTABLISHING RENT FOR AMERITAS LIFE INSURANCE
CORPORATION DBA REUBEN E. LEE, REUBEN’S, AND JARED’S HARBOR
ISLAND FOR THE PERIOD JANUARY 1, 1999 THROUGH DECEMBER 31, 2003.
Agenda Item 16. Commissioner Cushman requested and received clarification
from Dan Strum, Director of Real Estate, regarding whether the tenants are planning
improvements to the leasehold. Commissioner Bixler requested staff provide additional
information to Board regarding any plans by the tenants to develop additional docks for
public use. Mr. Strum stated that the purpose of today’s item is to establish rent and
that staff would have additional opportunities to discuss possible improvements with the
tenants.
On motion of Commissioner Cushman, seconded by Commissioner Bixler, the
Board voted to continue this item for two weeks, by the following unanimous vote:
Yeas-Bixler, Cushman, Davis, Hall, McQuater, Spane, Van Deventer; Nays-None;
Excused-None; Absent-None; Abstained-None.
YACHT CLUBS
Commissioner Cushman requested and received clarification from Chairman Van
Deventer regarding the impact of the current discussions of the Yacht Club Leasing
Policy Ad Hoc Committee on these two items.
On motion of Commissioner Hall, seconded by Commissioner McQuater, the
Board with a single vote, adopted RESOLUTIONS 2003-18 through and including 200320, by the following vote: Yeas-Bixler, Cushman, Davis, Hall, McQuater, Spane, Van
Deventer; Nays-None; Excused-None; Absent-None; Abstained-Bixler (Resolutions
2003-19 and 2003-20), as follows:
January 28, 2003
Page 23
RENTAL REVIEW – SILVER GATE YACHT CLUB, SHELTER ISLAND DRIVE
Agenda Item 18. RESOLUTION 2003-18 establishing the rental covering the
tenancy of Silver Gate Yacht Club for premises located on Shelter Island Drive in the
City of San Diego, under lease dated October 28, 1980, as assigned and amended, for
the Five (5) year rental review period commencing December 1, 2001, and ending
November 30, 2006, as the sum of $89,062.00 per year, which is equal to $7,422.00
per month; further, that back rent in the amount of $39,072.00 is due to the District by
Lessee for the period commencing December 1, 2001, and ending January 31, 2003,
and said back rent shall be amortized at Seven Per Cent (7%) interest for the period
commencing July 1, 2002, through the remainder of said rent review period, November
30, 2006, was adopted as indicated above, “Yacht Club Rental Reviews.”
RENTAL REVIEW – SOUTHWESTERN YACHT CLUB, QUALTROUGH STREET
Agenda Item 19a. RESOLUTION 2003-19 establishing the rental covering the
tenancy of Southwestern Yacht Club for premises located at the foot of Qualtrough
Street in the City of San Diego, under lease dated September 29, 1970, as assigned and
amended, is hereby established for the Five (5) year rental review period, commencing
December 1, 2001, and ending November 30, 2006, as the sum of $146,650.00 per
year, which is equal to $12,221.00 per month; further, that back rent in the amount of
$57,627.00 is due to the District by Lessee for the period commencing December 1,
2001, and ending December 31, 2002, and said back rent shall be amortized at Seven
Per Cent (7%) interest for the period commencing July 1, 2002, through the remainder
of said rent review period, November 30, 2006, was adopted as indicated above, “Yacht
Club Rental Reviews.”
SOUTHWESTERN YACHT CLUB
Agenda Item 19b. RESOLUTION 2003-20 consenting to the limited additional
non-commercial use of the leased premises by Southwestern Yacht Club for the
continued operation of a 10-foot by 30-foot floating facility on the northeast side of
Dock A, between the Dock and the Seawall, to be used non-commercially to raise
juvenile white seabass for subsequent release into San Diego Bay for a period of time
commencing April 18, 2002, and ending September 30, 2010; further, that all of the
terms, covenants and conditions of said lease, as assigned and amended, shall continue
January 28, 2003
Page 24
in full force and effect, except as to the use provision, which has been modified by this
resolution, was adopted as indicated above, “Yacht Club Rental Reviews.”
PRESENTATION
PRESENTATION OF $20,000 DONATION FROM THE SAN DIEGO SUPER BOWL
HOST COMMITTEE FOR THE “PORT WITH NO BORDERS” SCHOLARSHIP
PROGRAM
Agenda Item 21. Ky Snider, representing the San Diego Sports Council, and Ron
Fowler, representing the San Diego Super Bowl Host Committee (Committee),
addressed the Board and presented a $20,000 donation for the Port With No Borders
Scholarship Program. Mr. Snider thanked all the District staff for their efforts during the
Super Bowl.
Commissioner discussion ensued. Chairman Van Deventer commented on the
Super Bowl-related events and thanked the Committee for their work on these events.
Commissioners Bixler and Cushman also acknowledged the Committee for the positive
impact on the District from these events.
PUBLIC HEARING
ORDINANCE AMENDING PORT OF SAN DIEGO TARIFF 1-G
Agenda Item 22. Chris Anderson, Vice President, Operations, addressed the
Board and presented staff recommendations in regard to amending the Port of San
Diego tariff. (A copy of the staff report is on file in the Office of the District Clerk.)
Chairman Van Deventer opened the Public Hearing. No one requested to speak
and Chairman Van Deventer closed the Public Hearing.
On motion of Commissioner Cushman, seconded by Commissioner Hall, the
Board adopted ORDINANCE 2239 amending 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), and the paper format version on file in the office of the
January 28, 2003
Page 25
District Clerk as Document No. 31231, by the adoption of revisions to various Items in
Section VII, Rates and Charges, General; Section VIII, Rules & Rates, Dockage; Section
IX, Rules & Rates, Wharfage; Section X, Rules & Rates, Wharf Demurrage, Wharf
Storage & Space Occupancy; as more particularly outlined in Ordinance 2239; further
authorizing and directing to post said Items, as more particularly described in said Tariff
No. 1-G, and incorporated therein by this reference; 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 March 1, 2003, whichever date is later; provided, however, the Cruise
Ship Passenger Fees shall take effect July 1, 2003, and the Lumber Wharfage Fees shall
take effect August 1, 2003, by the following unanimous vote: Yeas-Bixler, Cushman,
Davis, Hall, McQuater, Spane, Van Deventer; Nays-None; Excused-None; Absent-None;
Abstained-None.
ACTION AGENDA
GRANT APPROVAL OF CONCEPTUAL DEVELOPMENT PLANS FOR HILTON SAN
DIEGO CONVENTION CENTER HOTEL AND DISTRICT PUBLIC PARKING
FACILITY, SUBJECT TO CONDITIONS SET FORTH IN EXHIBIT “A”
Agenda Item 23.
Chris Anderson, Vice President, Operations, addressed the
Board and presented staff recommendations. Chris Pfohl, Walt Miller, and Roger
Zampell, representing the Hilton San Diego Convention Center, LLC (HSDCC), addressed
the Board and discussed the specifics of the conceptual design of the hotel. (A copy of
the staff report and presentation are on file in the Office of the District Clerk.)
clarification from Ms. Anderson and Ms. Melissa Mailander, Environmental Review
Coordinator, regarding plans for public access to docks contained in the concept design.
Commissioner Bixler suggested a buoy system to create waterfront activity.
Commissioner Bixler recommended that HSDCC develop some way of identifying the
park and planting trees along the bayside. Commissioner Bixler proposed adding
coverage to the bus area. Commissioner Spane stated that the proposed design,
compared to the rest of the San Diego skyline, was not very unique. Commissioner
Cushman and Chairman Van Deventer stated their support for the design.
January 28, 2003
Page 26
Board granted conceptual approval for the Development Plans for Hilton San Diego
Convention Center Hotel and District public parking facility, subject to conditions as
outlined in the staff report, by the following unanimous vote: Yeas-Bixler, Cushman,
Davis, Hall, McQuater, Spane, Van Deventer; Nays-None; Excused-None; Absent-None;
Abstained-None.
AUTHORIZATION TO ENTER INTO DESIGN BUILD AGREEMENT –
GUARANTEED MAXIMUM PRICE WITH HENSEL PHELPS CONSTRUCTION
COMPANY, THE LICENSED CONTRACTING ENTITY OF HILTON SAN DIEGO
CONVENTION CENTER, LLC, FOR CONVENTION CENTER HOTEL PARKING
FACILITY, SAN DIEGO
Agenda Item 24. Tony Heinrichs, Senior Director, Facilities/Chief Engineer,
addressed the Board and presented staff recommendations. (A copy of the staff report
and presentation are on file in the Office of the District Clerk.)
Board adopted RESOLUTION 2003-21 authorizing a Design Build Agreement –
Guaranteed Maximum Price (Agreement), on behalf of the San Diego Unified Port
District (District), with Hensel Phelps Construction Company, the Licensed Contracting
Entity of Hilton San Diego Convention Center, LLC, (Hensel Phelps) for the Convention
Center Hotel Parking Facility, San Diego (Project); said Agreement is on file in the office
of the District Clerk as Document No. 45419, subject to terms and conditions as more
particularly outlined in Resolution 2003-21, including the contractual adjustment, in
accordance with Article Six: Contract Price, stating that the District shall pay Hensel
Phelps a guaranteed maximum price of $22,437,266.00, for the base work, and a
guaranteed maximum price of $1,503,340.00 for additive items, for a cumulative
maximum price of $23,940,606.00, by the following unanimous vote: Yeas-Bixler,
Cushman, Davis, Hall, McQuater, Spane, Van Deventer; Nays-None; Excused-None;
Absent-None; Abstained-None.
January 28, 2003
Page 27
RESOLUTION GRANTING CONCEPT APPROVAL FOR PROPOSED
REDEVELOPMENT OF CALLAHILLS, INC. DBA RED SAILS INN, AND DIRECT
STAFF TO NEGOTIATE PLANS AND SPECIFICATIONS AND NEW 30-YEAR
LEASE
Agenda Item 25. Chris Richards, Asset Manager, Real Estate, addressed the
Board and presented staff recommendations regarding the proposed redevelopment of
the Red Sails Inn. (A copy of the staff report and presentation are on file in the Office
of the District Clerk.)
clarification from Bill Chopyk, Manager, Planning Services, regarding the number of
points of public access in the America’s Cup Harbor. Dan Wilkens, Executive Vice
President, addressed the Board and provided additional information on the points of
public access. Commissioner Bixler stated his concern regarding the lack of side ties for
the boating public. Commissioner Cushman also stated his support for additional
docking slips for the public. Dan Strum, Director, Real Estate, addressed the Board and
stated staff will continue negotiating with the tenant concerning this issue.
On motion of Commissioner Bixler, seconded by Commissioner Cushman, the
Board voted to continue this item to a future Board meeting, by the following
unanimous vote: Yeas-Bixler, Cushman, Davis, Hall, McQuater, Spane, Van Deventer;
Nays-None; Excused-None; Absent-None; Abstained-None.
AUTHORIZATION TO ENTER INTO AGREEMENT WITH CITY OF CHULA VISTA
FOR POLICE AND FIRE SERVICES
Agenda Item 26. Jeff McEntee, Senior Director, Business & Financial Services/
Treasurer, addressed the Board and presented staff recommendations. (A copy of the
staff report is on file in the Office of the District Clerk.)
On motion of Commissioner Hall, seconded by Commissioner Cushman, the
Board adopted RESOLUTION 2003-22 authorizing an Agreement for Police and Fire
Services with the City of Chula Vista, a municipal corporation, in order for the City of
Chula Vista to provide police and fire protection services and emergency medical
services on San Diego Unified Port District (District) filled tidelands and property within
the City’s limits which do not generate ad valorem tax revenues, for the Three (3) year
period commencing July 1, 2000, and ending June 30, 2003, subject to earlier
January 28, 2003
Page 28
termination, said services to be provided in accordance with the terms, covenants and
Document No. 45420; further, that the District shall pay to the City of Chula Vista for
said services a sum not to exceed $443,087.00 for Fiscal Year 2001, a sum not to
exceed $450,124.00 for Fiscal Year 2002, and a sum not to exceed $450,124.00 for
Fiscal Year 2003, provided, however, said sum for Fiscal Year 2003 is subject to
adjustment in accordance with paragraph 3.A. of said Agreement, for a total
expenditure not to exceed $1,343,335.00, by the following unanimous vote: YeasBixler, Cushman, Davis, Hall, McQuater, Spane, Van Deventer; Nays-None; ExcusedNone; Absent-None; Abstained-None.
AUTHORIZATION TO ENTER INTO AGREEMENTS WITH NINYO & MOORE
GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANTS, HALEY &
ALDRICH, INC. AND KOMEX H20 SCIENCE, INC.
Agenda Item 27.
On motion of Commissioner Cushman, seconded by
Commissioner Hall, the Board adopted RESOLUTION 2003-23 authorizing Agreements
with Ninyo & Moore Geotechnical and Environmental Consultants, Haley & Aldrich, Inc.,
and Komex H20 Science, Inc. to provide Environmental Site Investigation Consulting
Services to support District maintenance, engineering, construction and environmental
projects, on an as-needed basis, as determined by the District, for a period of One (1)
year commencing in accordance with the terms, covenants and conditions contained in
said Agreements, on file in the office of District Clerk as Document Nos. 45421, 45422
and 45423, for an aggregate amount not to exceed $1,000,000.00, by the following
unanimous vote: Yeas-Bixler, Cushman, Davis, Hall, McQuater, Spane, Van Deventer;
AUTHORIZATION TO ENTER INTO AGREEMENT WITH PLATINUM ADVISORS,
L.L.C. AND CARPI & CLAY GOVERNMENT RELATIONS, JOINTLY
Agenda Item 28. Dan Wilkens, Executive Vice President, addressed the Board
and presented staff recommendations. (A copy of the staff report is on file in the Office
On motion of Commissioner Cushman, seconded by Commissioner McQuater, the
Board adopted RESOLUTION 2003-24 authorizing an Agreement with Platinum Advisors,
L.L.C., a California Limited Liability Company, and Carpi & Clay Government Relations, a
January 28, 2003
Page 29
California partnership, jointly, to advise and represent the District before the California
Legislature and Executive Branch on matters dealing with legislation, executive or
regulatory action or other pertinent issues, for a One (1) Year period commencing
January 1, 2003, and ending December 31, 2003, subject to earlier termination, for
total compensation not to exceed $90,000.00; said funds to be disbursed in accordance
with the terms, covenants and conditions contained in said Agreement, on file in the
office of the District Clerk as Document No. 45424, by the following vote: Yeas-Bixler,
Cushman, Hall, McQuater, Spane, Van Deventer; Nays-Davis; Excused-None; AbsentNone; Abstained-None.
AMENDMENT TO AGREEMENT WITH MOFFATT & NICHOL ENGINEERS
addressed the Board and presented staff recommendations regarding the first
amendment to the agreement with Moffatt & Nichol Engineers to provide additional
design of maritime security enhancement. (A copy of the staff report and presentation
are on file in the Office of the District Clerk.) Mr. Heinrichs outlined two other selection
alternatives.
One alternative staff proposed would compress the Request for
Qualification (RFQ) process resulting in a two-month delay. Another alternative
described by Mr. Heinrichs would request the Board to waive the provisions of BPC 110
regarding the selection process, which would result in a one-month delay. Mr.
Heinrichs stated neither of the latter two alternatives would allow the District to meet
the Department of Transportation, Maritime Administration (MARAD) grant milestones
and could jeopardize the District’s likelihood for obtaining future grants.
Commissioner discussion ensued. Commissioner Spane stated the District has
the opportunity to turn the maritime security improvement project into a benchmark for
other ports. Commissioner Spane expressed his concern regarding decision-making
based on expediency rather than strategy. Commissioner Spane stated his support for
the alternative waiving the provisions of BPC 110 regarding the selection process, which
results in a one-month delay.
Commissioner Cushman stated his support for
Commissioner Spane’s recommendation.
Alan Alcorn, representing Moffatt & Nichol Engineers, addressed the Board and
outlined their qualifications for this project.
Commissioner discussion continued. Commissioner Davis expressed his concern
regarding the possibility of failing to meet the grant milestones. Commissioner Davis
January 28, 2003
Page 30
requested of Bruce Hollingsworth, Executive Director, that staff manage these types of
projects better in the future. Commissioner Davis stated his support for staff
recommendation. Commissioner McQuater requested and received further clarification
from Mr. Heinrichs regarding which alternatives would cause the District’s failure to
meet grant milestones. In response to an inquiry from Commissioner McQuater, Mr.
Heinrichs provided additional information on the selection process for the original
agreement with Moffatt & Nichol Engineers.
In response to an inquiry from
Commissioner Cushman, Mr. Heinrichs outlined the timeline for this project. In
response to an inquiry from Commissioner Spane, Mr. Heinrichs stated the District has
the best chance of meeting the grant milestones by using the alternative amending the
agreement with Moffatt & Nichol Engineers.
In response to an inquiry from Commissioner Bixler, Mr. Heinrichs stated that if
milestones are missed, the District’s chances for obtaining future grants are put at risk.
Commissioner Hall requested and received clarification from Mr. Heinrichs regarding the
possibility of using a design build alternative or requiring a schedule in the RFQ. Mr.
Heinrichs stated that State law prohibited the District from pursuing these alternatives.
Commissioner Davis requested the maker of the original motion to amend the
motion to support the first alternative amending the agreement with Moffatt & Nichol
Engineers.
Commissioner Spane made a motion to waive the provisions of BPC 110
regarding the selection process, seconded by Commissioner Cushman. The motion
failed by the following vote: Yeas-Cushman, Hall, Spane; Nays-Bixler, Davis, McQuater,
Van Deventer; Excused-None; Absent-None; Abstained-None.)
adopted RESOLUTION 2003-17 authorizing a First Amendment to Agreement with
Moffatt & Nichol Engineers, a California corporation, to provide Consultant services for
the Port-Wide and National City Marine Terminal Security Enhancement Projects in
connection with the Professional Planning and Engineering Services to Prepare Design
Alternatives for a Security Gate Complex and to Prepare Construction Documents to
Publicly Bid for Construction of the Security Gate Complex Reconfiguration at the Tenth
Avenue Marine Terminal, San Diego, increasing the fee from $901,640.00 to an amount
not to exceed $1,191,930.00; said funds to be disbursed in accordance with the terms,
covenants and conditions contained in said First Amendment to Agreement, on file in
the office of the District Clerk as Document No. 45417, by the following vote: Yeas-
January 28, 2003
Page 31
Bixler, Davis, McQuater, Van Deventer; Nays-Cushman, Hall, Spane; Excused-None;
Commissioner Cushman requested and received additional clarification from Mr.
Heinrichs regarding including a completion date in the waiving alternative, which would
have waived the provisions of BPC 110 regarding the selection process.
OFFICERS REPORT
Agenda Item 29. Monthly Notification of Change Orders Pursuant to BPC Policy
110:
a) Change Order Nos. 1 for $70,000.00; 2 for $41,945.00; 6 for $14,493.00 and 8
for $66,079.11 to Contract No. 2000-03 with General Construction Company for
National City Marine Terminal Wharf Extension.
b) Change Order Nos. 15 for zero amount; 16 for $294,614.00; 17 for $595,226.00
and 18 for $469,179.00 to Contract No. 2001-27 with Taylor Ball of California for
Refrigerated Container Facility.
c) Change Order Nos. 2 for $21,166.00 and 4 calendar days and 7 for $1,030.69
and 30 calendar days to Contract No. 2001-29 with R.E. Staite Engineering for
Repairs to Embarcadero Wharf.
d) Change Order No. 4 for $3,566.00 to Contract No. 2001-35 with R.E. Staite
Engineering for Fender Pile Replacements, San Diego Bay.
e) Change Order Nos. 2 for $4,578.75 and 3 for $12,456.70 to Contract No. 200201 with Bellingham Marine Industries, Inc. for Accessible Boat Docks, San Diego
Bay.
f) Change Order Nos. 1 for $795.00 and one calendar day and 2 for $548.00 to
Contract No. 2002-06 with Bath & Kitchen Company for Restroom and Shower
Facility, Transient Vessel Dock.
g) Change Order No. 1 for $300.00 to Contract No. 2002-09 with Ghassan
Construction for Cesar E. Chavez Park Parking Lot Relocation.
h) Change Order No. 3 for zero amount and 14 calendar days to Contract No. 200212 with RBE for Exterior Painting, National Distribution Center.
i) Change Order No. 9 for $44,500.00 and 7 calendar days to Contract No. 2002-13
with R.E. Staite Engineering for Maintenance Dredging, Berths 10-1 and 10-2,
Tenth Avenue Marine Terminal.
j) Change Order Nos. 4 for a credit of $243,500.00 and 5 for $70,792.00 to
Contract No. 2002-19 with C.E. Wylie Construction Company for General Services
Facility.
January 28, 2003
Page 32
k) Change Order No. 1 for zero amount and 10 calendar days to Contract No. 200231 with Southern Contracting Company to Relocate Street Light on Harbor Drive.
l) Change Order No.RFP-2 for $15,000.00 and one calendar day to Contract Doc.
No. 43517 with FMT Aircraft Gate Support System AB for Mobile Passenger
Gangway System, B-Street Cruise Ship Terminal.
Agenda Item 30. Monthly Notification of Change Orders Pursuant to BPC Policy
110 related to Lindbergh Field Construction Program.
All items listed were included in cost projections previously discussed.
a) Change Order No. 2 for $24,957.83 to
S.N. Neilsen, Inc. for Residential Sound
b) Change Order No. 2 for $94,737.18 to
S.N. Neilsen, Inc. for Residential Sound
Contract No. LF00-21 with F.H. Paschen,
Attenuation Program – Phase 1A.
Contract No. LF01-11 with F.H. Paschen,
Attenuation Program – Phase 1B2.
PRESIDENT’S REPORT
Agenda Item 31.
Rita Vandergaw, Senior Director, Marketing and
Communications, reported on attendance statistics for the Super Bowl NFL Experience.
Wayne Darbeau, Vice President, Administration/District Clerk, announced that
the District’s Port Institute for Performance Excellence (PIPE) received an honorable
mention for outstanding employee development program from the American Society for
Training and Development.
Bruce Hollingsworth, Executive Director, stated that, in an effort to generate
additional revenue and with the Board’s concurrence, staff will send out a letter to local
parking operators to solicit ideas regarding the utilization of the TDY Industries property
for parking.
Agenda Item 32. Commissioner Cushman stated he was unable to attend this
morning’s workshop, therefore further stated his support for the engineered cap
alternative for the remediation of contaminated sediments at the Campbell Shipyard site
and his opposition to the habitat cap alternative.
January 28,2003
Page 33
There being no further discussion items, the meeting was adjourned at 2:40 p.m.
by Chairman Van Deventer.
Sa6 Diego Unified Port District
AlTEST:
A
February 11, 2003
Page 34
MINUTES
Tuesday, February 11, 2003, in the Board Room at 3165 Pacific Highway, San Diego,
California.
ROLL CALL
Agenda Item 1.
Present:
COMMISSIONERS Bixler, Cushman, Davis, Hall, McQuater, Van Deventer;
OFFICERS Hollingsworth, Darbeau, Corey-Born, Heinrichs and McEntee.
Absent:
None.
Excused:
Commissioner Spane was excused for personal reasons.
APPROVAL OF MINUTES
Agenda Item 2. The minutes submitted for the special meetings of January 16,
2003, and January 28, 2003 and the regular meeting of January 28, 2003, were
approved on motion of Commissioner Hall, seconded by Commissioner Bixler.
Agenda Item 3. James Rickard, representing Borrego Solar Systems addressed
the Board and presented written notification requesting clarification regarding staff’s
recommendation to reject Borrego Solar Systems’ bid for a solar electric system for the
new General Services facility.
February 11, 2003
Page 35
CONSENT AGENDA
On motion of Commissioner Davis, seconded by Commissioner Hall, the Board,
with a single vote, adopted the remaining consent agenda items 4 through 10
(Ordinance 2240 and Resolutions 2003-25 through and including 2003-30) by the
following vote: Yeas-Bixler, Cushman, Davis, Hall, McQuater, Van Deventer; NaysNone; Excused-Spane; Absent-None; Abstained-None, as follows:
REJECTION OF CLAIM – KENT THOMAS CARR
Agenda Item 4. RESOLUTION 2003-25 rejecting the claim filed against the
District on December 30, 2002, by Kent Thomas Carr for personal injuries allegedly
sustained when he slipped and fell while descending the ramp located at the Shelter
Island boat launching facility on July 13, 2002, was adopted as part of the consent
agenda.
ORDINANCE AUTHORIZING ASSIGNMENT AND ASSUMPTION OF TWO (2)
REAL ESTATE TENANCY DOCUMENTS TO THE SAN DIEGO COUNTY REGIONAL
AIRPORT AUTHORITY
Assignment and Assumption documents, which provide for the District to assign,
transfer and set over unto the San Diego County Regional Airport Authority all of the
District’s right, title and interest in and to the License between the District and San
Diego Gas & Electric Company, and the Tideland Use and Occupancy Permit between
the District and Aircraft Services International, Inc., on or after December 16, 2002;
two (2) separate Assignment and Assumption documents shall be placed on file in the
office of the District Clerk, was adopted as part of the consent agenda.
RENTAL REVIEW – SHELTER COVE MARINA, LTD. – SHELTER ISLAND
tenancy of Shelter Cove Marina, Ltd., a California limited partnership, (Lessee) for
premises located on Shelter Island Drive in the City of San Diego, under lease dated
August 25, 1992, as amended, for the Ten (10) year rental review period commencing
February 11, 2003
Page 36
September 1, 2002, and ending August 31, 2012, at a minimum of $190,000.00 per
year or the cumulative total of the percentage and flat rents more particularly outlined
in Resolution 2003-26, whichever sum is greater, was adopted as part of the consent
agenda.
RENTAL REVIEW – AMERITAS LIFE INSURANCE CORPORATION, HARBOR
ISLAND
tenancy of Ameritas Life Insurance Corporation (formerly Bankers Life Insurance
Company of Nebraska), a Nebraska corporation, (Lessee) for premises located on
Harbor Island Drive in the City of San Diego, under lease dated March 7, 1968, as
amended, for the Five (5) year rental review period commencing January 1, 1999, and
ending December 31, 2003, at a minimum of $155,000.00 per year from January 1,
1999, through October 31, 2002, and a minimum of $200,000.00 per year from
November 1, 2002, through December 31, 2003, or the cumulative total of the
percentage rents more particularly outlined in Resolution 2003-27, whichever sum is
greater; further that back rent in the amount of $28,918.00 is due the District by
Lessee for the period commencing January 1, 1999, through October 31, 2002, and said
back rent shall be due within Thirty (30) days following the adoption date of Resolution
2003-27, was adopted as part of the consent agenda.
COASTAL DEVELOPMENT PERMIT – USS MIDWAY AIRCRAFT CARRIER
MUSEUM AND MOORING PLATFORMS, SAN DIEGO
Agenda Item 8. RESOLUTION 2003-28 finding the proposed use for the Project
entitled “USS Midway Aircraft Carrier Museum and Mooring Platforms”, located in the
sea (San Diego Bay) and more particularly outlined in Resolution 2003-28, to be
consistent with the use and development concept for the Centre City Embarcadero
area, and as such, is a Non-Appealable Development conforming to the certified District
Master Plan; finding said Project to be consistent with Public Resources Code Sections
30604(c) and 30210-30224, and the Coastal Act public access and recreation policies
referenced therein; finding that the proposed Project will enhance the public’s right of
access to the sea; and, accordingly, authorizing and directing the issuance of a Coastal
Development Permit for said Project; said Coastal Development Permit shall require
compliance with the conditions listed therein and in particular the Special Provisions
section and the USS Midway Public Access Program, a Supplemental Document to the
February 11, 2003
Page 37
North Embarcadero Alliance Visionary Plan Port Master Plan Amendment, attached
thereto, was adopted as part of the consent agenda.
and the San Diego County Regional Airport Authority for Two (2) Agreements, including
any amendments thereto, which Assignment and Assumption documents provide for the
District to assign, transfer and set over unto the Authority all of the District’s right, title
and interest in and to said Agreements, on or after December 16, 2002, and described
on Exhibit A, entitled “Agreements/Contracts for Assignment”, attached thereto and by
this reference made a part thereof (Exhibit A is on file in the Office of the District
Clerk); said Exhibit A reflects the District Document No. and the Consultant and Type of
Agreement/Services; further, authorizing and directing the execution of Assignment and
Assumption documents between the San Diego Unified Port District and the San Diego
County Regional Airport Authority for Nineteen (19) Agreements, including any
amendments thereto, which Assignment and Assumption documents provide for the
on Exhibit B, entitled “Agreements/Contracts for Assignment”, attached thereto and by
this reference made a part thereof (Exhibit B is on file in the Office of the District
Clerk); said Exhibit reflects the District Document Number and the Consultant and Type
of Agreement/Services, said documents listed in said Exhibit B require the consent of
the Consultant to said agreement; further, said Agreements shall be assigned in
accordance with the terms, covenants and conditions contained in said Assignment and
Assumption documents, and said assignment shall be subject to the acceptance by the
Authority, on terms acceptable to the District; the Assignment and Assumption
documents shall be placed on file in the office of the District Clerk, was adopted as part
February 11, 2003
Page 38
AWARD OF CONTRACT PD02-17 TO PARRON HALL OFFICE INTERIORS TO
FURNISH AND ASSEMBLE FURNITURE FOR NEW GENERAL SERVICES
FACILITIES
Agenda Item 10. RESOLUTION 2003-30 finding Parron Hall Office Interiors as
the lowest responsible and reliable bidder to furnish and assemble furniture for the new
General Services Facilities; accepting the bid of Parron Hall Office Interiors in an
amount not to exceed $224,920.46, including delivery, assembly and sales tax, and
awarding a contract to furnish and assemble said furniture in accordance with the bid
set forth in the bid proposal of said Parron Hall Office Interiors and the terms and
conditions contained in said bid contract documents; further, rejecting the bids of Boise
Workspace and Seal Furniture & Systems, Inc. in that the Board finds that said bids are
non-responsive, was adopted as part of the consent agenda.
ACTION AGENDA
SAN DIEGO AND ARIZONA EASTERN RAILWAY LEASE, CHULA VISTA
Commissioner Hall announced that he would not take part in discussion or vote
on this item due to a potential conflict of interest arising from his wife’s employment.
Chairman Van Deventer announced that he would not take part in the discussion or
vote on this item due to a potential conflict of interest arising from his ownership of
property in proximity to the subject property of this item, whereupon he turned the
gavel over to Vice-Chair Davis. Both Commissioner Hall and Chairman Van Deventer
then left the dais and the room.
Jim Barwick, Assistant Director, Real Estate, and Melissa Mailander,
Environmental Review Coordinator, addressed the Board and presented staff
recommendations. (A copy of the staff report and presentation are on file in the Office
of the District Clerk.) Mr. Barwick outlined the specifics of the lease with the San Diego
and Arizona Eastern Railway. Ms. Mailander provided additional information regarding
the Final Negative Declaration for the lease.
this item: Richard Hamilton, representing San Diego Rail; Michael Reading and Geoff
February 11, 2003
Page 39
Scheuerman, representing Carrizo Gorge Railway; Mitchel Beauchamp; Chris Salomone,
representing the City of Chula Vista; Alana Coons, representing Save Our Heritage
Organization (SOHO), read into the record an editorial from the January 16, 2003 issue
of the San Diego Union Tribune relating to this item; and Bruce Coons, representing the
SOHO, stated he attempted several times to meet with Real Estate staff, but was
refused.
Commissioner discussion ensued. In response to an inquiry from Commissioner
Cushman, Mr. Salomone stated that the City of Chula Vista has voted for approval of
the lease. In response to a request from Vice-Chair Davis, Mr. Barwick provided
additional clarification regarding the concerns raised during public comment relating to
the District taking control of this property and any possible disruption of the existing
link to the eastern line. Commissioner McQuater requested and received clarification
from Mike Hogan, special counsel to the District, regarding legal issues raised during
public comment pertaining to the California Environmental Quality Act (CEQA). Marie
Burke-Lia, consultant to the District, addressed the Board and provided information
regarding this property’s inability to meet the criteria under CEQA as a historical
resource. Ellen Corey Born, Interim Port Attorney, responding to Commissioner
McQuater’s question, stated that the Board’s action to accept this lease would violate no
laws. Commissioner Cushman stated his support for staff’s recommendation.
In response to Commissioner Bixler’s concern of the public not being able to
meet with staff, Bruce Hollingsworth, Executive Director, stated he would look into the
matter and have staff contact Mr. Coons. Mr. Hollingsworth stated that if any member
of the public has concerns regarding his staff, they should contact him directly. ViceChair Davis stated that he had been contacted by a member of the press regarding staff
not responding to media calls in a timely fashion and requested Mr. Hollingsworth look
into this also.
ADOPTION OF FINAL NEGATIVE DECLARATION FOR SAN DIEGO AND
ARIZONA EASTERN RAILWAY LEASE, CHULA VISTA
Agenda Item 11a.
Commissioner McQuater, the Board adopted RESOLUTION 2003-31 adopting and
approving the Final Negative Declaration for the project entitled “San Diego and Arizona
Eastern Railway Lease, Chula Vista,” including without limitation the initial study and
public comments, (on file in the office of the District Clerk as Document No. 45474),
making certain findings as more particularly described in Resolution 2003-31; further,
February 11, 2003
Page 40
that this action constitutes final environment approval and for that purpose only, the
District approves the proposed project, and authorizing and directing the filing of a
Notice of Determination with the Secretary for Resources and the San Diego County
Clerk, by the following vote: Yeas-Bixler, Cushman, Davis, McQuater; Nays-None;
Excused-Spane; Absent-None; Abstained-Hall, Van Deventer.
ORDINANCE AUTHORIZING AND ACCEPTING A LEASE FROM SAN DIEGO AND
ARIZONA EASTERN RAILWAY
Agenda Item 11b.
Commissioner McQuater, the Board adopted ORDINANCE 2241 authorizing and
directing the execution of the lease agreement from the San Diego and Arizona Eastern
Railway, a Nevada nonprofit corporation, to the San Diego Unified Port District, a public
corporation, on file in the office of the District Clerk as Document No. 45475, leasing to
the District approximately 480,773 square feet of land area located west of Interstate 5,
between Lagoon Drive (also known as F Street) and Palomar Street in the City of Chula
Vista, to be used only and exclusively for the surface uses of pedestrian and vehicular
ingress and egress, vehicular parking, landscaping and directional signage and for
subsurface utility easements, is hereby authorized, approved and accepted as
recommended by the Executive Director, by the following vote: Yeas-Bixler, Cushman,
Davis, McQuater; Nays-None; Excused-Spane; Absent-None; Abstained-Hall, Van
Deventer.
dais.
Chairman Van Deventer and Commissioner Hall returned to the meeting and the
SOUTH BAY POWER PLANT
Melissa Mailander, Environmental Review Coordinator, addressed the Board and
presented staff recommendations. (A copy of the staff report and presentation are on
file in the Office of the District Clerk.)
February 11, 2003
Page 41
ADOPTION OF FINAL NEGATIVE DECLARATION FOR SOUTH BAY POWER
PLANT ABOVEGROUND FUEL OIL STORAGE TANKS REMOVAL, CHULA VISTA
Agenda Item 12a. On motion of Commissioner Davis, seconded by Commissioner
Bixler, the Board adopted RESOLUTION 2003-32 adopting and approving the Final
Negative Declaration for the project entitled “South Bay Power Plant Aboveground Fuel
Oil Storage Tanks Removal, Chula Vista, California”, including without limitation the
initial study and public comments, (on file in the office of the District Clerk as Document
No. 45476), making certain findings as more particularly described in Resolution 200332; further, that this action constitutes final environment approval and for that purpose
only, the District approves the proposed project, and authorizing and directing the filing
of a Notice of Determination with the Secretary for Resources and the San Diego
County Clerk, by the following vote: Yeas-Bixler, Cushman, Davis, Hall, McQuater, Van
Deventer; Nays-None; Excused-Spane; Absent-None; Abstained-None.
DUKE ENERGY SOUTH BAY, LLC, CHULA VISTA
Agenda Item 12b.
On motion of Commissioner Davis, seconded by
Commissioner Bixler, the Board adopted RESOLUTION 2003-33 approving conceptual
plans for Duke Energy South Bay, LLC, a Delaware limited liability company (Duke), for
the proposed project involving the removal of Two (2) aboveground oil fuel storage
tanks and appurtenant equipment on approximately Five (5) acres at the Chula Vista
South Bay Power Plant (Project), subject to the adoption of the Final Negative
Declaration for said proposed Project pursuant to Resolution 2003-32, adopted by the
Board on February 11, 2003, and that the leased premises are currently within the land
use jurisdiction of the City of Chula Vista and are located just east of the Wildlife
Reserve Planning Subarea of the District’s Planning District 7, Chula Vista Bayfront, by
the following vote: Yeas-Bixler, Cushman, Davis, Hall, McQuater, Van Deventer; NaysNone; Excused-Spane; Absent-None; Abstained-None.
February 11, 2003
Page 42
Agenda Item 14. Commissioner Cushman requested that staff report back to the
Board at the next meeting regarding the City of San Diego Mayor’s goal of creating a
Regional Energy Authority that would include the District.
Commissioner Cushman requested that, given the recent report concerning the
financial difficulties of the retirement system of the City of San Diego, staff provide an
update on the current status of the District’s retirement system to employees and
retired employees.
CONTINUANCE OF CLOSED SESSION
session agenda for discussion, whereupon at 1:52 p.m. he announced the Board would
resume in closed session for continuation of the litigation matter listed on today’s closed
session agenda as follows:
CONFERENCE WITH LEGAL COUNSEL – LITIGATION
Bose vs. SDUPD, et al.
San Diego Superior Court No. GIC 784404
February 11,2003
Page 43
OPEN SESSION
session. Chairman Van Deventer noted that all commissioners were present except
Commissioner Spane, who was excused. There was no action to report, whereupon
-
Clerk of the San @go Unified Port District
February 25, 2003
Page 44
MINUTES
As previously posted, a special joint meeting of the Board of Port Commissioners
of the San Diego Unified Port District and the City Council of the City of Chula Vista was
called to order by Chairman Van Deventer at 9:12 a.m. Tuesday, February 25, 2003, in
the Board Room at 3165 Pacific Highway, San Diego, California.
ROLL CALL
Agenda Item 1.
Present:
BOARD OF PORT COMMISSIONERS Bixler, Davis, Hall, McQuater, Spane,
Van Deventer; SAN DIEGO UNIFIED PORT DISTRICT OFFICERS
Hollingsworth,
Darbeau,
Corey-Born;
CHULA
VISTA
CITY
COUNCILMEMBERS Davis, McCann, Salas and Mayor Padilla.
Absent:
None.
Excused:
Commissioner Cushman was excused for personal reasons.
On motion of Councilmember Salas, seconded by Councilmember McCann, the
Chula Vista Council, by unanimous vote, approved the excused absence of
Councilmember Rindone.
February 25, 2003
Page 45
AUTHORIZATION TO NEGOTIATE AGREEMENT WITH CARRIER JOHNSON/
COOPER ROBERTSON & PARTNERS
Agenda Item 3. Ralph Hicks, Director, Land Use Planning, and Sid Morris,
Assistant City Manager, City of Chula Vista, addressed the Board and City Council and
presented staff recommendations regarding selection of a consultant to provide urban
waterfront planning and design consulting services for the Chula Vista Bayfront Master
Plan (CVBMP). (A copy of the staff report and presentation are on file in the Office of
the District Clerk.) Mr. Hicks and Mr. Morris provided a brief background of the CVBMP
and discussed the consultant selection process.
The following consultants addressed the Board and presented their proposals:
Sasaki Associates, Inc., represented by Janne Corneil; ROMA Design Group represented
by Jim Adams; and Carrier Johnson, Cooper, Robertson & Partners represented by
Gordon Carrier and Randall Morton. (Copies of the presentations are on file in the
the CVBMP: Laura Hunter, representing Environmental Health Coalition; Alexandra Hart
and Jennifer Badgley representing IBEW Local 569; Lora Nasep, representing A
Universal Approach; Bruce Reznik, representing San Diego Baykeeper; Ed Kravitz,
representing San Diego Railway Partners; Loraine Bales; Sandy Duncan; Tracy Sundlun;
and Nephi Hancock.
City of Chula Vista City Council discussion ensued. Councilmember Salas
requested and received clarification from Mr. Hicks regarding staff’s requirement of no
change orders and the difference in the consultant’s proposed fees. In response to an
inquiry from Councilmember Salas, Mr. Morris and Mr. Hicks provided additional
information concerning the consultant’s proposed staff time assigned to this project.
Councilmember Salas requested and received clarification from Mr. Hicks regarding the
experience of the consulting firm Carrier Johnson with the California Coastal planning
processes.
In response to an inquiry from Councilmember Davis, Mr. Hicks provided
additional information on the results of the reference check of the top two proposers.
Mayor Padilla requested and received clarification from Mr. Morris regarding the
selection criteria. Councilmember McCann thanked the City and District staff for their
work on this project. Councilmember McCann stressed the importance of the bayfront
February 25, 2003
Page 46
property to the City of Chula Vista and the need for public input during the planning
process.
Commissioner discussion ensued. Commissioner Hall thanked the District and
the City of Chula Vista staff for their work on this project. Commissioner Hall requested
staff take steps to ensure to reach out aggressively to the public early in the process.
In response to a request from Commissioner Davis, Mr. Carrier addressed the concerns
raised during public comments regarding the need for public outreach for this project.
Commissioner Davis expressed his concern of using a rating matrix as part of the
selection process. Commissioner Davis stated his support for staff’s recommendation.
City of Chula Vista City Council discussion continued. Councilmember Salas
stated her support for the ROMA Design Group. Councilmember Davis stated her
support of Carrier Johnson. Mayor Padilla stated that all three consultants have
demonstrated their intention to include public input in the planning process for this
project. Mayor Padilla stated that, based on the merits of the consultants, he supports
staff recommendation.
For the City of Chula Vista, Councilmember Davis, seconded by Councilmember
McCann, made the motion to concur with District staff recommendations as outlined in
the staff report; the motion was adopted by the following vote: Yeas-Padilla, Davis,
McCann; Nays-Salas; Excused-Rindone; Absent-None; Abstained-None.
Commissioner discussion continued. Chairman Van Deventer announced that the
Board would hold meetings in all member cities and the May 20, 2003 meeting will be
held in the City of Chula Vista. Bruce Hollingsworth, Executive Director, stated that the
District is committed to having the highest level of public input for this planning
process. Mr. Hollingsworth further stated that staff is committed to getting the best
project for the District and City of Chula Vista. David Rowlands, City Manager, City of
Chula Vista, also stated the City of Chula Vista has a strong commitment for public input
for this project. Mayor Padilla adjourned the City Council meeting to their next noticed
meeting.
On motion of Commissioner Hall, seconded by Commissioner McQuater, the
Board, with a single vote, adopted RESOLUTION 2003-34 authorizing negotiation with
Carrier Johnson/Cooper Robertson & Partners for purposes of developing terms,
covenants, conditions and costs necessary to provide Urban Waterfront Planning and
Design Consulting Services for the Chula Vista Bayfront Master Plan Study; further that
results of said negotiations will be reported to the Board and a decision made at a later
February 25,2003
Page 47
date regarding authorization of an agreement, by the following vote: Yeas-Bixler, Davis,
Hall, McQuater, Spane, Van Deventer; Nays-None; Excused-Cushman; Absent-None;
Abstained-None.
There were no further items for discussion, whereupon Chairman Van Deventer
adjourned the special joint meeting.
y m
,
-
VizChair, Board of Port Commissioners
San Diego Unified Port District
AlTEST:
n
Clerk of t p n Diego Unified Port District
February 25, 2003
Page 48
MINUTES
12:00 p.m. Tuesday, February 25, 2003, in the Board Room at 3165 Pacific Highway,
San Diego, California.
ROLL CALL
Agenda Item 1.
Present:
COMMISSIONERS Bixler, Cushman, Davis, Hall, McQuater, Spane,
Van Deventer; OFFICER Hollingsworth.
Absent:
None.
Excused:
None.
CLOSED SESSION
Agenda Item 3.
into closed session for:
Chairman Van Deventer announced the Board would enter
PUBLIC EMPLOYMENT – PORT ATTORNEY
Government Code Section 54957
Page 49
February 25,2003
adjourned the special meeting at 12:59 p.m.
1
&k
V i c Wir, Board of Port Commissioners
ATTEST:
n
Clerk of @%an
Diego Unified Port District
February 25, 2003
Page 50
MINUTES
Tuesday, February 25, 2003, in the Board Room at 3165 Pacific Highway, San Diego,
California.
ROLL CALL
Agenda Item 1.
Present:
COMMISSIONERS Bixler, Cushman, Davis, Hall, McQuater, Spane, Van
Deventer; OFFICERS Hollingsworth, Darbeau, Corey Born, Heinrichs and
McEntee.
Absent:
None.
Excused:
None.
APPROVAL OF MINUTES
Agenda Item 2. The minutes submitted for the regular meeting of February 11,
2003, were approved on motion of Commissioner Hall, seconded by Commissioner
McQuater.
Agenda Item 3. Vina Ann Schmitt addressed the Board with concerns regarding
the impact of meter parking for the moorings and what impact, if any, a war with Iraq
would have on the moorings. Bruce Hollingsworth, Executive Director, stated that staff
would contact Ms. Schmitt regarding the issues she raised.
February 25, 2003
Page 51
Fred Baranowski, representing the United Way of San Diego, addressed the
Board and thanked the District for the increased gifts to the 2002-03 United Way
Campaign.
Chairman Van Deventer announced that item 5 (Resolution authorizing an
Agreement to Purchase Electrical Power from Goodrich’s co-generation plant for the
District’s property south of “H” Street in Chula Vista), item 12 (Resolutions Rejecting all
Bids submitted for Solar Electric System for New General Services Facility, National City,
California) and item 13 (Resolution awarding Contract No. 2002-42R to Pacific Rim
Mechanical Contractors, Inc. for District HVAC Maintenance) would be pulled for
separate discussion and vote.
CONSENT AGENDA
On motion of Commissioner Bixler, seconded by Commissioner Hall, the Board,
with a single vote, unanimously adopted the remaining consent agenda items 4 and 6
through 11 (Ordinance 2242, and Resolutions 2003-35, 2003-36, and 2003-38 through
and including 2003-42) by the following vote: Yeas-Bixler, Cushman, Davis, Hall,
McQuater, Spane, Van Deventer; Nays-None; Excused-None; Absent-None; AbstainedNone, as follows:
AUTHORIZATION TO ENTER INTO SECURITY SERVICES AGREEMENT WITH
BURNS INTERNATIONAL SECURITY SERVICES CORP FOR 2701 NORTH
HARBOR DRIVE, SAN DIEGO
Agenda Item 4a.
RESOLUTION 2003-35 authorizing a Security Services
Agreement with Burns Security Services Corp. to provide Security Guard Services at
2701 North Harbor Drive, San Diego, for a period of Three (3) Years commencing
March 1, 2003, and ending February 28, 2006, subject to earlier termination, for a fee
not to exceed $382,460.16, said Security Guard Services shall be provided in
accordance with the terms, covenants and conditions contained in said Security Services
Agreement, on file in the office of the District Clerk as Document No. 45542, was
February 25, 2003
Page 52
AUTHORIZATION TO ENTER INTO SECURITY SERVICES AGREEMENT WITH
BURNS INTERNATIONAL SECURITY SERVICES CORP FOR CHULA VISTA
BAYSIDE COMMERCIAL SITE
Agenda Item 4b.
RESOLUTION 2003-36 authorizing a Security Services
Agreement with Burns Security Services Corp. to provide Security Guard Services at the
Chula Vista Bayside Commercial Site, for a period of Three (3) Years commencing
March 1, 2003, and ending February 28, 2006, subject to earlier termination, for a fee
not to exceed $382,460.16, said Security Guard Services shall be provided in
accordance with the terms, covenants and conditions contained in said Security Services
Agreement, on file in the office of the District Clerk as Document No. 45543, was
CORONADO CAYS HOMEOWNERS ASSOCIATION
Agenda Item 6.
RESOLUTION 2003-38 approving the Coronado Cays
Homeowners Association’s (Coronado Cays) proposed Project to replace its
approximately 30-year old docks which accommodate up to ten boats and are used
exclusively by members of Coronado Cays, subject to the District receiving written
notification from Coronado Cays that they have obtained a United States Army Corps of
Engineering Permit, a Regional Water Quality Control Board Permit, and a City of
Coronado Building Permit; said proposed Project is categorically excluded under District
Coastal Development Permit Regulations, Section 8.b., Replacement or Reconstruction,
was adopted as part of the consent agenda.
RENTAL REVIEW – FISH MARKET RESTAURANTS – SAN DIEGO
tenancy of Fish Market Restaurants – San Diego (Lessee) for premises located on Tuna
Lane in the City of San Diego, under lease dated February 16, 1988, as amended and
assigned, for the Five (5) year rental review period commencing March 1, 2003, and
ending February 29, 2008, at a minimum of $381,400.00 per year, or the cumulative
total of the percentage rents more particularly outlined in Resolution 2003-39,
whichever sum is greater, was adopted as part of the consent agenda.
February 25, 2003
Page 53
ORDINANCE AUTHORIZING ASSIGNMENTS OF FOUR (4) AVIGATION
EASEMENTS TO THE SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY
Four (4) Assignments of Avigation Easements with each of the parties listed on the
document entitled "Avigation Easements Being Assigned from San Diego Unified Port
District to San Diego County Regional Airport Authority", attached thereto as Exhibit A
and by this reference made a part thereof, (Exhibit A is on file in the Office of the
District Clerk), on or after December 16, 2002; said Exhibit A reflects the address of the
property involved, the name of the Grantor, the date of the Avigation Easement and the
District Document Number thereof; Four (4) separate Assignments of Avigation
Easement documents shall be placed on file in the office of the District Clerk, was
REJECTION OF CLAIM – MILLIE REID
District on January 13, 2002, by Millie Reid for personal injuries allegedly sustained
when she tripped and fell over an automatic door transition plate as she stepped
backward from the Alaska Airlines ticket counter in Terminal One at Lindbergh Field on
December 14, 2002, was adopted as part of the consent agenda.
and the San Diego County Regional Airport Authority for Two (2) Agreements, including
any amendments thereto, which Assignment and Assumption documents provide for the
on Exhibit A, entitled “Agreements/Contracts for Assignment”, attached thereto and by
this reference made a part thereof (Exhibit A is on file in the Office of the District
Clerk); said Exhibit A reflects the District Document No. and the Consultant and Type of
Agreement/Services; said Agreements shall be assigned in accordance with the terms,
covenants and conditions contained in said Assignment and Assumption documents,
and said assignment shall be subject to the acceptance by the Authority, on terms
February 25, 2003
Page 54
acceptable to the District; the Assignment and Assumption documents shall be placed
on file in the office of the District Clerk, was adopted as part of the consent agenda.
PERSONNEL ADVISORY BOARD
Agenda Item 11. RESOLUTION 2003-42 appointing Judy A. Gust as a member of
the Personnel Advisory Board of the San Diego Unified Port District for her second three
(3) year term commencing February 16, 2003, and ending February 15, 2006; and
appointing Kenneth A. Carson as a member of the Personnel Advisory Board of the San
Diego Unified Port District for his second three (3) year term commencing February 16,
2003, and ending February 15, 2006; further designating Judy A. Gust as the Chairman
of the Personnel Advisory Board for the One (1) year term commencing February 16,
2003, and ending February 15, 2004, was adopted as part of the consent agenda.
AUTHORIZATION TO ENTER INTO LETTER AGREEMENT WITH GOODRICH
Agenda Item 5. Commissioner Bixler requested and received clarification from
Bruce Hollingsworth, Executive Director, and Jim Barwick, Assistant Director, Real
Estate, regarding the scope for the proposed agreement with Goodrich. Commissioner
McQuater announced she would be abstaining due to the remote possibility of a conflict
of interest.
On motion of Commissioner Bixler, seconded by Commissioner Hall, the Board
with a single vote, adopted RESOLUTION 2003-37 authorizing a Letter Agreement with
Goodrich, whereby Goodrich would delay its planned disconnection of an existing
electricity transmission line between the Goodrich Cogeneration Plant and the District’s
property, located south of H Street in the City of Chula Vista, and continue to supply
electricity to said property subject but not limited to conditions more particularly
outlined in Resolution 2003-37, said Letter Agreement is on file in the office of the
District Clerk as Document No. 45544, by the following vote: Yeas-Bixler, Cushman,
Davis, Hall, Spane, Van Deventer; Nays-None; Excused-None; Absent-None; AbstainedMcQuater.
February 25, 2003
Page 55
REJECTION OF BIDS FOR SOLAR ELECTRIC SYSTEM FOR NEW GENERAL
SERVICES FACILITY, NATIONAL CITY
is on file in the Office of the District Clerk.)
Martin Learn, representing Home Energy Systems, Inc., addressed the Board and
provided additional information regarding possible tax credits for this project. Bruce
Hollingsworth, Executive Director, stated that the District is not eligible for the tax
credits. Mr. Hollingsworth stated the District is searching for possible grant funding for
this project. Cynthia Fenimore, representing Independent Energy Solutions, Inc.,
addressed the Board and provided payback analysis for this proposed project.
Board with a single vote, adopted RESOLUTION 2003-43 rejecting the bids submitted
for the installation of a Solar Electric System for the New General Services Facility,
National City, by the following vote: Yeas-Bixler, Cushman, Davis, Hall, McQuater,
Spane, Van Deventer; Nays-None; Excused-None; Absent-None; Abstained- None.
AWARD OF CONTRACT 2002-42R TO PACIFIC RIM MECHANICAL
CONTRACTORS, INC. FOR DISTRICT HVAC SYSTEMS MAINTENANCE, SAN
DIEGO
from Tony Heinrichs, Senior Director, Facilities/Chief Engineer, and Jim O’Mahoney,
representing Pacific Rim Mechanical, regarding the financial viability of Pacific Rim
Mechanical Contractors.
Board with a single vote, adopted RESOLUTION 2003-44 accepting the low bid of
Pacific Rim Mechanical Contractors, Inc., in an amount not to exceed $87,500.00, based
upon prices set forth in the bid proposal for District HVAC Systems Maintenance, San
Diego; authorizing and directing the execution of Contract 2002-42R with said Pacific
Rim Mechanical Contractors Inc. for the performance of said work; further, said
Contract 2002-42R is for a period of One (1) Year commencing pursuant to the Notice
to Proceed issued in accordance with the terms, covenants and conditions contained in
February 25, 2003
Page 56
said Contract 2002-42R, plus Two (2) additional One (1) year options; in the event the
District exercises said options, the amount due for the second year of said Contract
shall not exceed $89,250.00, and the amount due for the third year of said Contract
shall not exceed $90,250.00, provided, however, the total contract amount for all three
(3) years shall not exceed the sum of $267,000.00, by the following vote: Yeas-Bixler,
PRESENTATION
AMENDMENT TO AGREEMENT WITH BERMELLO, AJAMIL & PARTNERS, INC.
Agenda Item 14. Stuart Farnsworth, Project Analyst, Marine Operations, and
Luis Ajamil and Andy Moody, representing Bermello, Ajamil & Partners, Inc., addressed
the Board and provided staff recommendations and a briefing concerning Phases 1, 2,
and 3 of the Cruise Terminal Feasibility Study and Economic Impact Analysis. (A copy
of the staff report and presentation are on file in the Office of the District Clerk.)
On motion of Commissioner Bixler, seconded by Commissioner Spane, the Board
with a single vote, adopted RESOLUTION 2003-45 authorizing a First Amendment to
Agreement with Bermello, Ajamil & Partners, Inc., a Florida corporation, in connection
with the Cruise Feasibility Study and Economic Impact Analysis being prepared for the
District, extending the term of said Agreement to June 30, 2003, in accordance with the
terms, covenants and conditions contained in said First Amendment to Agreement, on
file in the office of the District Clerk as Document No. 45545, by the following vote:
Yeas-Bixler, Cushman, Davis, Hall, McQuater, Spane, Van Deventer; Nays-None;
ACTION AGENDA
CALLAHILLS, INC., DBA RED SAILS INN, SHELTER ISLAND DRIVE
Agenda Item 15. Paul Fanfera, Assistant Director, Real Estate, addressed the
Board and presented staff recommendations regarding concept approval for the
proposed Red Sails Inn. (A copy of the staff report and presentation are on file in the
February 25, 2003
Page 57
Office of the District Clerk.) Mr. Fanfera stated that a multi-departmental team has
been established to work with the San Diego Port Tenants Association (SDPTA). The
team is preparing to hold workshops with the SDPTA to review the issue of public
access docks Port-wide.
Dick Cloward, representing the SDPTA, addressed the Board and requested the
Board grant concept approval to Red Sails Inn. Mr. Cloward also requested that other
tenants, not affected by the master plan, be allowed to bring redevelopment plans to
the Board for approval. Mr. Cloward stated his support for a bay-wide plan for public
access docks.
clarification from Mr. Fanfera regarding the proposed location of the guest docks.
Commissioner Bixler further requested and received clarification from Mr. Fanfera
regarding any existing regulations governing guest docks.
Commissioner Bixler
suggested that if regulations do not exist, that regulations should be established.
Commissioner Bixler thanked staff and the SDPTA for their response to this issue. In
response to a concern raised by Commissioner Bixler regarding the team’s
recommendations coming back to the Board for approval, Bruce Hollingsworth,
Executive Director, stated that it is staff’s intent to bring the recommendation back to
Board so they can make a policy decision.
Board with a single vote, adopted RESOLUTION 2003-46 approving the proposed
project of Callahills, Inc., a California corporation, dba Red Sails Inn, (Red Sails) to
substantially upgrade its structural systems and replace interior finishes, fixtures and
equipment (Project); said Project is Categorically Exempt under California
Environmental Quality Act (CEQA) Guidelines, Section 15300.4, and District Resolution
97-191; Categorically Excluded under District Coastal Development Permit Regulations,
Section 8.a., Existing Facilities; and in conformance with the District’s Master Plan use
designation for the area, Planning District 1, Precise Plan Figure 4, Commercial –
Commercial Recreation/Recreational Boat Berthing; further authorizing and directing the
negotiation of plans and specifications for the proposed Project with Red Sails, and
authorizing the development of terms, covenants and conditions necessary for the
granting of a new Thirty (30) year lease to Red Sails, the results of said negotiations to
be reported to the Board of Port Commissioners and a decision to be made at a later
date regarding the granting of any new lease, by the following vote: Yeas-Bixler,
February 25, 2003
Page 58
DISCUSSION AND DIRECTION TO STAFF REGARDING A COMMUNICATIONS
STRATEGY TO EXPLAIN THE BENEFITS OF THE NEW UNIFIED PORT DISTRICT
Agenda Item 18. In response to a recent newspaper article calling for the
dissolution of the District, Bruce Hollingsworth, Executive Director, requested that the
Board discuss this issue and give direction to staff regarding methods to communicate
the benefits of District.
Commissioner discussion ensued.
Chairman Van Deventer stressed the
importance of conveying the benefits the New Unified Port brings to the area.
Commissioner Van Deventer stated the need for a Board resolution stating the value of
the District staying intact. Commissioner Bixler stated his support for the resolution and
for the District as a regional body. Commissioner Spane stated the importance of the
revenue generated on tidelands staying on the tidelands. Commissioner Hall expressed
his concern of additional costs being incurred if the District was dissolved.
Commissioner McQuater stated that District has a well-established, balanced and
regional perspective and reduces unnecessary layers of governments. Commissioner
McQuater stated the need to find a way to educate the general public about the
important role of the District.
Commissioner Davis stated the importance of the continuation of the District to
avoid territorial disagreements. Commissioner Davis stated the need for the District to
get the message out regarding the contributions of the District. Commissioner Davis
further stated the staff should continue to look at ways to improve the District’s
financial proficiency. Commissioner Cushman commended the Real Estate, Maritime,
and Environmental departments as the best stewards for the region. Chairman Van
Deventer directed Mr. Hollingsworth to prepare the resolution for subsequent Board
approval. Chairman Van Deventer stated that the Board would be holding their
meetings through the year in the member cities.
Rick Ghio, representing the San Diego Port Tenants Association (SDPTA),
addressed the Board and stated the Executive Committee of the SDPTA passed a
resolution stating that the SDPTA supports the continued operation and administration
of the tidelands by the San Diego Unified Port District.
February 25, 2003
Page 59
Agenda Item 16. In response to a previous inquiry from Commissioner Cushman
regarding the District’s retirement assets, Bruce Hollingsworth, Executive Director,
stated that based on correspondence received from the District’s Retirement System,
the District retirement plan and the City of San Diego (City) retirement plan are valued
separately. The letter further stated that the funds from both plans are co-mingled for
investment purposes. Mr. Hollingsworth stated that the annual report for the District’s
retirement plan should be received within the next few weeks.
Commissioner Cushman requested and received clarification from Mr.
Hollingsworth regarding co-mingling of the funds and the impact on the District‘s
retirement plan. Commissioner Davis stated that the City has not fully funded their
retirement plan, and the District has over-funded their retirement plan. Commissioner
Davis suggested that staff might want to look at different options regarding managing
the District’s retirement funds. Mr. Hollingsworth stated the District Act does provide
some limitations regarding the administration of the District’s retirement funds. Mr.
Hollingsworth stated that the District should assure that the retirement funds are being
managed prudently. Mr. Hollingsworth further stated that currently the District does
not have a member on the Retirement Board.
Commissioner Bixler requested clarification from Mr. Hollingsworth regarding to
what degree the Board manages the District’s retirement plan and the impact of comingling the retirement funds on investment gains or losses. Mr. Hollingsworth stated
he would research the issues raised and report back to Board. Commissioner Davis
requested and received clarification from Mr. Hollingsworth regarding the impact of
investment performance of the fund on the District and employee contributions to the
retirement plan. Commissioner Cushman suggested that staff hire an independent
consultant to audit the District’s retirement plan.
Mr. Hollingsworth stated that, in response to Commissioner Cushman’ s inquiry,
the staff would provide a report on the Mayor of the City of San Diego’s proposal to
create a Regional Energy Authority.
Mr. Hollingsworth provided clarification to an issue raised by a member of the
public during the February 11, 2003, Board meeting regarding staff refusing to meeting
with him regarding acceptance of a lease from San Diego and Arizona Eastern Railway.
February 25,2003
Page 60
Mr. Hollingsworth provided additional information concerning a Commissioner
comment about staff not responding to the press in a timely fashion. Mr. Hollingsworth
stated it is staff's goal to respond within two hours of initial contact with the press,
however, a full response from staff may take longer.
Aaenda Item 17. None.
adjourned the meeting.
Vic&h6r, Board of Port Commissioners
ATTEST:
Clerk of t h w n Diego Unified Port District
March 10, 2003
Page 61
MINUTES
8:00 a.m. Monday, March 10, 2003, in Rooms 947, 1047, 1147 and 1261 in Tower 2
and Room 405 in Tower 1, at the Holiday Inn on the Bay at 1355 North Harbor Drive,
ROLL CALL
Agenda Item 1.
Present:
COMMISSIONERS Bixler, Cushman, Davis, McQuater, Spane, Van
Deventer.
Absent:
None.
Excused:
Commissioner Hall was excused for personal reasons.
CLOSED SESSION
Agenda Item 3.
March 10, 2003
Page 62
adjourned the special meeting at 11:30 a.m.
Port Commissioners
ATTEST:
March 10, 2003
Page 63
MINUTES
12:00 p.m. Monday, March 10, 2003, in the Board Room at 3165 Pacific Highway, San
Diego, California.
ROLL CALL
Agenda Item 1.
Present:
Deventer.
Absent:
None.
Excused:
CLOSED SESSION
Agenda Item 3.
Page 64
March 10,2003
There was no further action to
adjourned the special meeting at 2:OO p.m.
Vi
ATTEST:
W
Clerk of the San Dggo Unified Port District
Page 65
March 11,2003
MINUTES
BOARD OF FORT COMMISSIONERS
A regular meeting of the Board of Port Commissioners of the San Diego Unified
Port District was called to order by the Clerk at L O O p.m. Tuesday, March 11, 2003 in
By previous agreement of the Board of Port Commissioners, the regular meeting
was not held and no commissioners were present. The regular meeting was adjourned
by the Clerk to Tuesday, March 11, 2003 at 1:OO p.m. in the Council Chambers of the
National City City Council Civic Center at 1243 National City Boulevard, National City,
California.
Clerk of the Board& Port Commissioners
March 11, 2003
Page 66
MINUTES
The special meeting of the Board of Port Commissioners of the San Diego Unified
Port District was called to order by Commissioner Van Deventer at 1:03 p.m. Tuesday,
March 11, 2003, in the Council Chambers of the National City City Council Civic Center
at 1243 National City Boulevard, National City, California.
ROLL CALL
Agenda Item 1.
Present:
Deventer; OFFICERS Hollingsworth, Darbeau, Corey-Born, Heinrichs and
McEntee.
Absent:
None.
Excused:
APPROVAL OF MINUTES
Agenda Item 2. The minutes submitted for the special meetings of February 25,
2003 and the regular meeting of February 25, 2003, were approved on motion of
Commissioner Cushman, seconded by Commissioner Davis.
March 11, 2003
Page 67
CONSENT AGENDA
On motion of Commissioner McQuater, seconded by Commissioner Davis, the
Board, with a single vote, unanimously adopted consent agenda items 4 through 7
(Ordinance 2243, and Resolutions 2003-48 through and including 2003-50) by the
following vote: Yeas-Bixler, Cushman, Davis, McQuater, Spane, Van Deventer; NaysNone; Excused-Hall; Absent-None; Abstained-None, as follows:
AMENDMENT OF RESOLUTION 2001-236 APPROVING A MILITARY LEAVE
POLICY FOR ALL CLASSIFIED AND UNCLASSIFIED EMPLOYEES – SEPTEMBER
14, 2001, THROUGH MARCH 31, 2004
Agenda Item 4. RESOLUTION 2003-48 amending Resolution 2001-236 and
extending the termination date of the Military Leave Policy for all classified and
unclassified employees from March 31, 2003, to March 31, 2004, as more particularly
described in said Resolution 2003-48 (on file in the Office of the District Clerk) was
UNIFIED PORT DISTRICT AND KNIGHT AND CARVER YACHTCENTER, INC.
Agenda Item 5. ORDINANCE 2243 amending the lease agreement dated March
25, 1997, between the San Diego Unified Port District and Knight and Carver
Yachtcenter, Inc. in accordance with Agreement for Amendment of Lease, Amendment
No. 2, on file in the Office of the District Clerk as Document No. 45596, was adopted as
part of the consent agenda.
REJECTION OF CLAIM – FIREMAN’S FUND MCGEE;
AND SHERI AND RICK YOUNG
District on January 27, 2003, by Fireman’s Fund McGee, and Sheri and Rick Young for
damage to the vessel “Maverick” which was allegedly sustained when a disabled vessel
being towed by the Harbor Police collided with the insured vessel, was adopted as part
March 11, 2003
Page 68
AMENDMENT OF BPC POLICY NO. 359, EQUAL OPPORTUNITY
CONTRACTING POLICY
Policy No. 359, Equal Opportunity Contracting Policy, as amended, (a copy of which
shall be placed on file in the Office of the District Clerk as Document No. 45597), was
PRESENTATION
PRESENTATION BY CENTRE CITY DEVELOPMENT CORPORATION, STATUS
REPORT AND OVERVIEW OF DOWNTOWN REDEVELOPMENT ACTIVITY FOR
2003
Agenda Item 8. Peter Hall, representing the Centre City Development
Corporation (CCDC), addressed the Board and presented an overview of downtown
redevelopment activity. (A copy of the staff report and presentation are on file in the
Commissioner discussion ensued. The Board commended Mr. Hall for his
leadership at CCDC and thanked him for the presentation. Commissioner Davis stated
that, due to the lack of office space downtown, he hopes that additional office buildings
can be built. Commissioner Cushman stated that the park-in-the-park planned in
conjunction with the new ballpark should be completed as intended. Commissioner
McQuater stated her appreciation for CCDC’s commitment to the North Embarcadero
Alliance. Mr. Hall acknowledged the collaboration that CCDC has established with
District staff while working with the North Embarcadero Alliance. Chairman Van
Deventer stated the importance of including public art in redevelopment projects.
March 11, 2003
Page 69
PRESENTATION OF THE DISTRICT’S SEMI-ANNUAL EQUAL OPPORTUNITY
STATUS REPORT FOR FY 2003
Agenda Item 9. Shirley Grothen, Equal Opportunity Management (EOM),
addressed the Board and presented the Semi-Annual Equal Opportunity Status Report
for FY 2003. (A copy of the staff report and presentation are on file in the Office of the
District Clerk.)
Ms. Grothen discussed the proposed new EOM programs,
Disadvantaged Business Enterprises (DBE) achievements, and labor compliance for the
District’s public works contracts.
Theresa Quiroz addressed the Board and expressed her concern regarding the
lack of availability of the status report. Ms. Grothen stated she would provide Ms.
Quiroz a copy of the report.
Commissioner discussion ensued. Commissioner Cushman requested that Ms.
Grothen continue working with Tony Heinrichs, Senior Director, Facilities/Chief Engineer
on increasing the percentages of DBE participation. Commissioner Cushman requested
that staff report back to the Board in 90 days regarding these efforts. Commissioner
Bixler requested that a comparison between the District and other regional agencies
that offer similar programs be included in the report. In response to Commissioner
Bixler’s request, Ms. Grothen provided additional information on similar programs
offered by other agencies.
ACTION AGENDA
AUTHORIZATION TO ENTER INTO AGREEMENT WITH GEORGE PETERS AND
MELANIE WALKER
Agenda Item 10. Catherine Sass, Director, Public Art, addressed the Board and
presented staff recommendations regarding an original work of art, titled “Wind Oars”,
to be integrated on the tidelands of Chula Vista. (A copy of the staff report is on file in
the Office of the District Clerk.)
Ric Todd, Cultural Arts Coordinator, City of Chula Vista, and Melody Cernitz
addressed the Board and stated their support for staff recommendation.
March 11, 2003
Page 70
Commissioner discussion ensued. Commissioner Van Deventer suggested that
staff work with the City of Chula Vista on waiving any applicable fees associated with
this project. Commissioner Van Deventer expressed Commissioner Hall’s support for
this project, who was excused from today’s meeting.
Commissioner Cushman
requested that staff explore opportunities that would utilize artwork that includes water.
Chairman Van Deventer requested and received clarification from Ms. Sass regarding
when this artwork would be installed.
Board adopted RESOLUTION 2003-51 approving the selection of the artist team of
George Peters and Melanie Walker, as recommended by the Public Art Committee, for
the design, execution, fabrication, transportation and installation of the art work
entitled “Wind Oars” to be placed on tidelands in the City of Chula Vista; and
authorizing an amount not to exceed $350,000.00 to be expended for said art work,
said funds to be disbursed in accordance with the terms, covenants and conditions
contained in the Agreement for Commission of Public Art Work Entitled “Wind Oars”
between the District and George Peters and Melanie Walker, on file in the Office of the
Davis, McQuater, Spane, Van Deventer; Nays-None; Excused-Hall; Absent-None;
Abstained-None.
RESOLUTION AFFIRMING THE BOARD’S POSITION OF CONTINUING
OPERATION OF THE PORT IN ITS EXISTING FORM
Agenda Item 11. Bruce Hollingsworth, Executive Director, addressed the Board
and presented the Resolution affirming the Board’s position of continuing the operation
of the District in its existing form.
Mike Burns addressed the Board and requested clarification from Mr.
Hollingsworth regarding tax liabilities concerning the airport authority.
clarification from Mr. Hollingsworth regarding the District’s right to tax. Commissioner
Davis requested and received clarification from Mr. Hollingsworth regarding the amount
of public improvements included in the resolution. In response to an inquiry from
Chairman Van Deventer, Dan Wilkens, Executive Vice President, addressed the Board
and provided an update on the tidelands’ fiscal and economic impact analysis being
prepared by Economics Research Associates.
March 11, 2003
Page 71
adopted RESOLUTION 2003-47 declaring that it is in the public interest for the San
Diego Unified Port District to continue to serve as a regional government agency to
manage San Diego Bay, its Tidelands and the Imperial Beach oceanfront; thereby
opposing any proposal to dissolve the San Diego Unified Port District; further, directing
each member of the Board of Port Commissioners, the Executive Director and Port
District management to actively communicate with member city representatives, State
and Federal elected officials and staff, Port District tenants and the general public to
provide information about the critical regional services provided by the San Diego
Unified Port District and the regional economic, environmental and recreational benefits
that result from the operations of the San Diego Unified Port District, by the following
vote: Yeas-Bixler, Cushman, Davis, McQuater, Spane, Van Deventer; Nays-None;
Excused-Hall; Absent-None; Abstained-None.
David Hall, Chief, Harbor Police, announced that the Harbor
Agenda Item 12.
Police Department placed second for marching in the Martin Luther King Parade.
Chairman Van Deventer introduced former National City Mayor, Kyle Morgan, and
acknowledged his participation in establishing the District.
Bruce Hollingsworth, Executive Director encouraged others who are in support of
the District to contact their elected representatives.
Agenda Item 13. Commissioner Bixler requested that staff develop a series of
promotional materials that focus on specific District issues and programs, such as the
Public Art Program, to better communicate to the public about the District.
Commissioner Cushman requested that, with regard to the North Embarcadero
Alliance, staff consider keeping four lanes on Harbor Drive.
March 11, 2003
Page 72
Commissioner Spane acknowledged that Commissioner Hall has been recalled to
active military duty.
Commissioner Van Deventer announced that the Board would hold its May 20,
2003 meeting in the City of Chula Vista.
session agenda for discussion, whereupon at 1:52 p.m. he announced the Board would
adjourn into closed session for the matters listed on today’s closed session agenda as
follows:
Agenda Item 14.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8:
Property:
Marina Park Way at Convention Way, San Diego
Negotiating Parties:
Ray Carpenter and Arthur Engel,
Fifth Avenue Landing, a California General Partnership
M. Christine Anderson, SDUPD
Under Negotiation:
Price and Terms
Agenda Item 15.
OPEN SESSION
Page 73
March 11, 2003
Commissioner Hall, who was excused. There was no action to report, whereupon
6-
" -
Board 6f Port Commissioners
c
ATTEST:
Clerk of th S
March 18, 2003
Page 74
MINUTES
Tuesday, March 18, 2003, in the Board Room at 3165 Pacific Highway, San Diego,
California.
ROLL CALL
Agenda Item 1.
Present:
McEntee.
Absent:
None.
Excused:
CONSENT AGENDA
On motion of Commissioner Bixler, seconded by Commissioner Davis, the Board,
with a single vote, adopted consent agenda items 3 through 6 (Ordinance 2244, and
Resolutions 2003-52 through and including 2003-56) by the following vote: Yeas-Bixler,
Cushman, Davis, McQuater, Spane, Van Deventer; Nays-None; Excused-Hall; AbsentNone; Abstained-None, as follows:
March 18, 2003
Page 75
ORDINANCE GRANTING A LEASE TO BARTELL HOTELS, A CALIFORNIA
LIMITED PARTNERSHIP, DBA HUMPHREY’S HALF MOON INN & SUITES
Agenda Item 3. ORDINANCE 2244 approving and granting the lease agreement
with Bartell Hotels, a California limited partnership, dba Humphrey’s Half Moon Inn &
Suites, on file in the office of the District Clerk as Document No. 45625, leasing certain
premises located on Shelter Island Drive in the City of San Diego, and directing the
execution of said lease agreement, was adopted as part of the consent agenda.
AWARD OF CONTRACT 2002-53 TO ELKEN CONTRACTING, INC. FOR
IMPERIAL BEACH PIER UTILITIES IMPROVEMENTS
Agenda Item 4. RESOLUTION 2003-52 adopting the Plans and Specifications for
Project No. IB2027GM, Imperial Beach Pier Utilities Improvements, commonly known as
District Construction Contract 2002-53; and accepting the low bid of Elken Contracting,
Inc., in an amount not to exceed $223,222.00, based upon prices set forth in the bid
proposal for Imperial Beach Pier Utilities Improvements; and authorizing and directing
the execution of Contract 2002-53 with Elken Contracting, Inc. for the performance of
said work, was adopted as part of the consent agenda.
AUTHORIZATION TO REQUEST GRANTS FROM THE STATE OF CALIFORNIA,
DEPARTMENT OF BOATING AND WATERWAYS
Agenda Item 5. RESOLUTION 2003-53 requesting that the State of California,
Department of Boating and Waterways, provide the following grants: a grant for the
purpose of improving the Shelter Island Boat Launch Facility in the City of San Diego to
include, without limitation, construction of improvements as more particularly outlined
in Resolution 2003-53; and a grant for the purpose of improving the Pepper Park Boat
Launch Facility in the City of National City to include, without limitation, construction of
improvements more particularly outlined in Resolution 2003-53; further authorizing and
directing the execution of the grant agreement(s) for submission to the State of
California, Department of Boating and Waterways, and to accept the grants for the
purposes stated above, was adopted as part of the consent agenda.
March 18, 2003
Page 76
REJECTION OF CLAIM – DAVID A. FRENCH
District on February 6, 2003, by David A. French for the property damage sustained
when a roller bumper at the Shelter Island Police Dock allegedly gouged the hull of his
vessel on November 17, 2002, was adopted as part of the consent agenda.
REJECTION OF CLAIM – SHEILA RABELL
District on February 19, 2003, on behalf of Sheila Rabell for personal injuries allegedly
sustained when she tripped and fell over an extension cord at the Convention Center on
August 30, 2002, was adopted as part of the consent agenda.
REJECTION OF CLAIM – MARILYNNE CREVELLO
District on February 7, 2003, by Marilynne Crevello for personal injuries sustained when
she allegedly tripped and fell on a sidewalk at the Northwest end of Shelter Island on
September 6, 2002, was adopted as part of the consent agenda.
PRESENTATION
PRESENTATION OF THE DISTRICT’S EMPLOYEE OF THE 4TH QUARTER – 2002;
EMPLOYEE OF THE YEAR – 2002; AND TEAM OF THE YEAR – 2002.
Agenda Item 7. Bruce Hollingsworth, Executive Director, announced that Karen
Porteous, Director, Human Resources, was chosen as Employee of the Quarter for the
fourth quarter of 2002. Ms. Porteous was recognized for providing leadership and
guidance to ensure the successful transfer of District employees to the newly created
airport authority.
March 18, 2003
Page 77
Mr. Hollingsworth announced that Jeannine Cook, Payroll Specialist II, was
chosen as the 2002 Employee of the Year. Ms. Cook was recognized for making sure
the District’s payroll is completed accurately and on time.
Mr. Hollingsworth recognized the Dole Refrigerated Container Facility Team as
the District’s Team of the Year for 2002. The cross-functional team consists of 49
employees from 12 departments who participated in the Dole project. Tony Heinrichs,
Senior Director, Facilities/Chief Engineer, read an e-mail from Alan Redmon, Project
Manager, who has been recalled to active military duty, thanking the Board for the
recognition.
PRESENTATION TO THE BOARD BY THE SHELTER ISLAND HOTEL GROUP
Agenda Item 8. Rita Vandergaw, Senior Director, Marketing & Communications,
addressed the Board and introduced Kevin Konopasek and Sergio Davies, representing
the Shelter Island Hotel Group, who discussed the marketing initiatives and the
economic impact of the group. (A copy of the staff report is on file in the Office of the
District Clerk.) Mr. Davies showed a video illustrating the Shelter Island Group
marketing efforts. Mr. Konopasek requested the Board consider providing $25,000 in
matching funds to support their marketing program. Ms. Vandergaw stated funds are
not available at this time, however, the staff has offered to incorporate this effort into
the Big Bay program.
Commissioner discussion ensued. Commissioner Cushman requested that Ms.
Vandergaw consider the request for funds along with the District’s Fee-for-Service
program. Ms. Vandergaw reminded the Board that the deadline for applications for the
Fee-for-Service program was in January. Chairman Van Deventer requested that Ms.
Vandergaw bring the Shelter Island Hotel Group request to the Marketing Committee
for consideration.
PUBLIC HEARING AND ADOPT AN ORDINANCE ADDING SECTION 4.38 TO
THE SAN DIEGO UNIFIED PORT DISTRICT CODE TO REGULATE THE A-1 LA
PLAYA COVE, A-5 GLORIETTA BAY, AND A-9 (“CRUISER”) ANCHORAGES
Agenda Item 9. Chairman Van Deventer announced that item 9 would be
continued to a future Board meeting.
March 18, 2003
Page 78
ACTION AGENDA
SUN HARBOR MARINA NORTH HARBOR DRIVE
Board and presented staff recommendations regarding the redevelopment of the Sun
Harbor Marina. (A copy of the staff report is on file in the Office of the District Clerk.)
Mike McDade and Caitlin Kelley, representing the Sun Harbor Marina, addressed the
Board and discussed the design aspects of the proposed redevelopment project. (A
copy of the presentation is on file in the Office of the District Clerk.)
Commissioner discussion ensued. Commissioner Cushman requested and
received clarification from Ms. Kelley regarding the impact of the redevelopment on the
Pizza Nova restaurant and the former Tarantino site. Commissioner Bixler requested
and received clarification from Ms. Kelley regarding the material that would be used for
the surface area of the parking lot. In response to an inquiry from Chairman Van
Deventer, Ms. Kelley and Mr. McDade provided additional clarification regarding the
proposed expansion of the buildings.
Board adopted RESOLUTION 2003-57 approving the Project proposed by Sun Harbor
Marina, a California general partnership, to redevelop its existing improvements and
build an additional 4,000 square feet of building area on the existing Sun Harbor site,
plus immediately adjacent approximately 19,775 square foot property; determining that
the Project is Categorically Exempt under California Environmental Quality Act (CEQA)
Guidelines, Sections 15300.4, and District Resolution 97-191; determining that the
proposed Project is an Excluded Development under District Coastal Development
Permit Regulations, Section 8.a., Existing Facilities, 8.b., Replacement or
Reconstruction, and 8.c., New Construction or Conversion of Small Structures; and
determining that the proposed Project is in conformance with the District’s Master Plan
use designation for the area, Planning District 1, Precise Plan Figure 4, Commercial –
Commercial Recreation/Commercial Boat Berthing; further, authorizing negotiation with
Sun Harbor to develop terms, covenants and conditions necessary for the granting of
an Option Agreement for a new Forty (40) year lease, the results of said negotiations to
be reported to the Board of Port Commissioners and a decision made at a later date
regarding the granting of an Option Agreement, by the following vote: Yeas-Bixler,
Cushman, Davis, McQuater, Spane, Van Deventer; Nays-None; Excused-Hall; AbsentNone; Abstained-None.
March 18, 2003
Page 79
Rita Vandergaw, Senior Director, Marketing and
Agenda Item 11.
Communications, LT Tang and Shaun Sumner, Web Developers, addressed the Board
and presented the web pages developed to acknowledge the District’s 40th Anniversary.
Commissioner Spane requested and received clarification from Mr. Tang regarding the
cost of preparing the web pages. In response to an inquiry from Commissioner
Cushman, Ms. Vandergaw provided additional information regarding the status of the
District’s web site Activity Center. Commissioner McQuater stated that proposed web
pages would do well in educating the public regarding the District.
Agenda Item 12. Commissioner Cushman requested a moment of silence to
acknowledge those individuals serving in the military.
ADDITION TO CLOSED SESSION
session agenda for discussion. Ellen Corey Born, Interim Port Attorney, advised the
Board that subsequent to the posting of the agenda, an item had come to her attention
and requested that the Board vote to add an item to the agenda. On motion of
Commissioner Cushman, seconded by Commissioner Bixler, the Board, by a unanimous
vote, added the item as follows:
Agenda Item 16.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Bose vs. SDUPD, et al.
Chairman Van Deventer announced the Board would resume in closed session for
consideration of the matters listed on today’s closed session agenda as follows, with the
aforementioned addition of Agenda Item 16:
March 18,2003
Page 80
Aaenda Item 13.
Government Code Section 54956.9:
Joseph R. Orlosky vs. SDUPD, et al.
San Diego Superior Court, East County Division, No. GIE 013212
Agenda Item 14.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Executive Director
Aaenda Item 15.
PUBLIC EMPLOYMENT - PORT AlTORNEY
OPEN SESSION
Commissioner Hall, who was excused. There was no action to report, whereupon
ATTEST:
v
.
Clerk of the S# Diego Unified Port District
April 8, 2003
Page 81
MINUTES
9:08 a.m. Tuesday, April 8, 2003, in the Board Room at 3165 Pacific Highway, San
Diego, California.
ROLL CALL
Agenda Item 1.
Present:
COMMISSIONERS Bixler, Cushman, Spane, Van Deventer; OFFICERS
Hollingsworth, Darbeau, Corey-Born, and Heinrichs.
Absent:
None.
Excused:
Commissioner Davis was excused until such time as he arrived at 9:17
a.m. Commissioner McQuater was excused for personal reasons.
WORKSHOP - REVIEW FINANCIAL ASSISTANCE APPLICATIONS AND FEEFOR-SERVICE AND MARKETING SPONSORSHIPS
FINANCIAL ASSISTANCE PROGRAM FOR FISCAL YEAR 2003-2004
Agenda Item 3. Chairman Van Deventer stated that the Board would first
address the requests for the Financial Assistance Program, then consider requests for
the Marketing Sponsorships. Commissioners Spane and Bixler requested and received
clarification from Rita Vandergaw, Senior Director, Marketing & Communications,
April 8, 2003
Page 82
regarding the impact of the financial assistance requests received at the airport on the
District’s funding for the Financial Assistance Program and the Marketing Sponsorships.
RESOLUTION 2003-69 establishing the sum of $347,000.00 for the Financial
Assistance Program for Fiscal Year 2003-2004; and waiving the provisions of BPC Policy
110 relating to selection of the following organizations from a recommended list as
provided in said Policy; further resolving that any funds authorized pursuant to this
Resolution shall not be made available for disbursement prior to the adoption of the
District Budget for Fiscal Year 2003-2004, was adopted by separate votes for each
request, said sum to be distributed as follows:
Accessible San Diego. Commissioner Cushman requested and received
clarification from Ms. Vandergaw regarding staff’s recommendation. Commissioner
Bixler expressed his concern about providing funds for this organization when ADA
compliance is required under federal law.
Board denied funding for the Accessible San Diego request, by the following vote: YeasBixler, Cushman, Van Deventer; Nays-Spane; Excused-Davis, McQuater; Absent-None;
Abstained-None.
Aquatic Adventures. On motion of Commissioner Cushman, seconded by
Commissioner Bixler, the Board authorized a Financial Assistance Agreement with
Aquatic Adventures Science Education Foundation, SEA Series, a non-profit corporation,
for an amount not to exceed $10,000.00, payment of said funds to be made in
accordance with the terms, conditions and covenants contained in said Financial
Assistance Agreement, to be placed on file in the office of the District Clerk as
Document No. 45863, by the following vote: Yeas-Bixler, Cushman, Spane, Van
Deventer; Nays-None; Excused-Davis, McQuater; Absent-None; Abstained-None.
Cabrillo Festival.
Commissioner Spane, the Board authorized a Financial Assistance Agreement with
Cabrillo Festival, Inc., a non-profit corporation, for an amount not to exceed $5,000.00,
payment of said funds to be made in accordance with the terms, conditions and
covenants contained in said Financial Assistance Agreement, to be placed on file in the
Cushman, Spane, Van Deventer; Nays-None; Excused-Davis, McQuater; Absent-None;
Abstained-None.
April 8, 2003
Page 83
Coordinated Maritime Services. On motion of Commissioner Cushman,
seconded by Commissioner Spane, the Board authorized a Financial Assistance
Agreement with Coordinated Maritime Services, a non-profit corporation, for an amount
not to exceed $5,000.00, payment of said funds to be made in accordance with the
terms, conditions and covenants contained in said Financial Assistance Agreement, to
be placed on file in the office of the District Clerk as Document No. 45865, by the
following vote: Yeas-Bixler, Cushman, Davis, Spane, Van Deventer; Nays-None;
Excused-McQuater; Absent-None; Abstained-None.
Peace of Mind for the Elderly. On motion of Commissioner Bixler, seconded
by Commissioner Cushman, the Board denied funding for the Peace of Mind for the
Elderly request, by the following vote: Yeas-Bixler, Cushman, Davis, Spane, Van
Deventer; Nays-None; Excused-McQuater; Absent-None; Abstained-None.
St. Vincent de Paul Village. In response to Commissioner Cushman’s concern
about funding another athletic event, Ms. Vandergaw provided additional clarification
regarding this request. Commissioner Spane suggested that the request may be more
suitable for airport funding rather than from the District.
On
motion
of
Commissioner Cushman, seconded by Commissioner Bixler, the Board authorized a
Financial Assistance Agreement with St. Vincent de Paul Village, a non-profit
corporation, for an amount not to exceed $2,000.00, payment of said funds to be made
in accordance with the terms, conditions and covenants contained in said Financial
Document No. 45866, provided, however, the District is hereby further authorized to
provide District services not to exceed the sum of $500.00, by the following vote: YeasBixler, Cushman, Davis, Spane, Van Deventer; Nays-None; Excused-McQuater; AbsentNone; Abstained-None.
San Diego Armed Services YMCA Fireworks. Commissioner Cushman
stated one of the goals of the Financial Assistance Program is providing seed money to
assist organizations in implementing their events. Commissioner Cushman requested
and received clarification from Sandy Purdon, representing the San Diego Armed
Services YMCA, regarding his efforts to solicit corporate sponsors.
On motion of Commissioner Spane, seconded by Commissioner Davis, the Board
authorized a Financial Assistance Agreement with San Diego Armed Services YMCA, a
non-profit corporation, for an amount not to exceed $40,000.00, payment of said funds
to be made in accordance with the terms, conditions and covenants contained in said
Financial Assistance Agreement, to be placed on file in the office of the District Clerk as
April 8, 2003
Page 84
provide District services not to exceed the sum of $5,000.00, by the following vote:
Yeas-Bixler, Cushman, Davis, Spane, Van Deventer; Nays-None; Excused-McQuater;
San Diego Bicycle Club. On motion of Commissioner Cushman, seconded by
Commissioner Davis, the Board authorized a Financial Assistance Agreement with San
Diego Bicycle Club, a non-profit corporation, for an amount not to exceed $4,000.00,
Cushman, Davis, Spane, Van Deventer; Nays-None; Excused-McQuater; Absent-None;
Abstained-None.
San Diego Film Foundation. On motion of Commissioner Cushman, seconded
by Commissioner Bixler, the Board denied funding for the San Diego Film Foundation
request, by the following vote: Yeas-Bixler, Cushman, Davis, Spane, Van Deventer;
Nays-None; Excused-McQuater; Absent-None; Abstained-None.
San Diego Historical Society. On motion of Commissioner Bixler, seconded
by Commissioner Spane, the Board denied funding for the San Diego Historical Society
request, by the following vote: Yeas-Bixler, Cushman, Davis, Spane, Van Deventer;
San Diego Maritime Museum. On motion of Commissioner Cushman,
seconded by Commissioner Bixler, the Board authorized a Financial Assistance
Agreement with San Diego Maritime Museum, a non-profit corporation, for an amount
San Diego Parade of Lights. On motion of Commissioner Bixler, seconded by
Commissioner Cushman, the Board authorized a Financial Assistance Agreement with
San Diego Parade of Lights, a non-profit corporation, for an amount not to exceed
$10,000.00, payment of said funds to be made in accordance with the terms, conditions
and covenants contained in said Financial Assistance Agreement, to be placed on file in
the office of the District Clerk as Document No. 45870, provided, however, the District
April 8, 2003
Page 85
is hereby further authorized to provide District services not to exceed the sum of
$5,000.00, by the following vote: Yeas-Bixler, Cushman, Davis, Spane, Van Deventer;
San Diego Port Tenants Association. On motion of Commissioner Cushman,
seconded by Commissioner Davis, the Board authorized a Financial Assistance
Agreement with San Diego Port Tenants Association, a non-profit corporation, for an
amount not to exceed $13,000.00, payment of said funds to be made in accordance
with the terms, conditions and covenants contained in said Financial Assistance
Agreement, to be placed on file in the office of the District Clerk as Document No.
45871, provided, however, the District is hereby further authorized to provide District
services not to exceed the sum of $10,000.00, by the following vote: Yeas-Bixler,
Abstained-None.
UnderSea Camp, Inc.
John Schiltz, representing the UnderSea Camp,
addressed the Board and provided additional information regarding the camp.
denied funding for the UnderSea Camp, Inc. request, by the following vote: Yeas-Bixler,
Abstained-None.
United Italian American. On motion of Commissioner Cushman, seconded by
Commissioner Davis, the Board authorized a Financial Assistance Agreement with the
United Italian American Association, a non-profit corporation, for an amount not to
exceed $500.00, payment of said funds to be made in accordance with the terms,
conditions and covenants contained in said Financial Assistance Agreement, to be
placed on file in the office of the District Clerk as Document No. 45872, provided,
however, the District is hereby further authorized to provide District services not to
exceed the sum of $2,000.00, by the following vote: Yeas-Bixler, Cushman, Davis,
Spane, Van Deventer; Nays-None; Excused-McQuater; Absent-None; Abstained-None.
WorldBeat Center. On motion of Commissioner Cushman, seconded by
Commissioner Bixler, the Board authorized a Financial Assistance Agreement with
WorldBeat Center, a non-profit corporation, said Agreement to provide for District
services in the event the WorldBeat Festival takes place on District tidelands, said
District services not to exceed the sum of $10,000.00, in accordance with the terms,
April 8, 2003
Page 86
placed on file in the office of the District Clerk as Document No. 45873, by the following
vote: Yeas-Bixler, Cushman, Davis, Spane, Van Deventer; Nays-None; ExcusedMcQuater; Absent-None; Abstained-None.
Bon Temps Social Club. On motion of Commissioner Cushman, seconded by
Commissioner Bixler, the Board authorized a Financial Assistance Agreement with Bon
Temps Social Club of San Diego, a non-profit corporation, said Agreement to provide for
District services in connection with the Cajun-Zydeco Festival, said District services not
to exceed the sum of $5,000.00, in accordance with the terms, conditions and
Abstained-None.
City of Chula Vista (Celebrate Chula Vista Festival).
Chris Salomone,
representing the City of Chula Vista, addressed the Board and stated his appreciation
for District sponsorship of public events that market the South Bay cities. Chairman
Van Deventer stated his support for this event. Commissioner Cushman requested that
staff provide a report to the Board at the conclusion of the event.
On motion of Commissioner Cushman, seconded by Chairman Van Deventer, the
Board authorized a Financial Assistance with the City of Chula Vista in connection with
the Celebrate Chula Vista Festival (summer concert and fireworks), for an amount not
to exceed $50,000.00, payment of said funds to be made in accordance with the terms,
City of Chula Vista (Taste of the Arts Festival). Commissioner Cushman
requested and received clarification from Ms. Vandergaw regarding staff
recommendation. Chairman Van Deventer stated his support for this request.
Board authorized a Financial Assistance Agreement with the City of Chula Vista in
connection with the Taste of the Arts Festival, for an amount not to exceed $12,000.00,
office of the District Clerk as Document No. 45876, provided, however, the District is
April 8, 2003
Page 87
hereby further authorized to provide District services not to exceed the sum of
$5,000.00, by the following vote: Yeas-Bixler, Cushman, Davis, Spane, Van Deventer;
City of Chula Vista (Arturo Barrios 5K & 10K Athletic Event). Commissioner
Cushman requested and received clarification from Ms. Vandergaw regarding the
District’s request to the City of Chula Vista to increase the marketing of the Port at this
event.
Board authorized a Financial Assistance Agreement with the City of Chula Vista in
connection with the Arturo Barrios 5K & 10K Athletic Event, for an amount not to
exceed $10,000.00, payment of said funds to be made in accordance with the terms,
Southwestern Community College District. Commissioners Cushman and
Bixler stated their support for this program.
Board authorized a Financial Assistance Agreement with the Southwestern Community
College District, for an amount not to exceed $15,000.00, payment of said funds to be
made in accordance with the terms, conditions and covenants contained in said
Document No. 45878, by the following vote: Yeas-Bixler, Cushman, Davis, Spane, Van
City of Coronado Recreation Department. Commissioner Davis expressed
his concern regarding staff’s recommendation. Commissioner Spane stated that each
member city should receive the same amount of funding for summer concerts. Bruce
Hollingsworth, Executive Director, stated the member cities are reimbursed for actual
expenses incurred.
Commissioner Cushman made a motion, seconded by Commissioner Davis, to
authorize a Financial Assistance Agreement with the City of Coronado Recreation
Department for $20,000.00. The motion failed for lack of a majority affirmative vote.
April 8, 2003
Page 88
On motion of Commissioner Spane, seconded by Commissioner Bixler, the Board
authorized a Financial Assistance Agreement with the City of Coronado Recreation
Department, for an amount not to exceed $22,500.00, payment of said funds to be
Document No. 45879, by the following vote: Yeas-Bixler, Spane, Van Deventer; NaysCushman, Davis; Excused-McQuater; Absent-None; Abstained-None.
Coronado Chamber of Commerce. On motion of Commissioner Cushman,
seconded by Commissioner Spane, the Board authorized a Financial Assistance
Agreement with the Coronado Chamber of Commerce, for an amount not to exceed
and covenants contained in said Financial Assistance Agreement, to be placed on file in
the office of the District Clerk as Document No. 45880, by the following vote: YeasBixler, Cushman, Davis, Spane, Van Deventer; Nays-None; Excused-McQuater; AbsentNone; Abstained-None.
Coronado School of Arts. Susan Rapp, representing the Coronado School of
the Arts addressed the Board and thanked the District for their support.
Board authorized a Financial Assistance Agreement with the Coronado School of Arts, a
non-profit corporation, said Financial Assistance Agreement to provide for District
services in connection with the Coronado School of Arts Musical Theatre Touring Group,
said District services not to exceed the sum of $2,500.00, in accordance with the terms,
California State Games (Junior Lifesaving Championships). On motion of
Commissioner Bixler, seconded by Commissioner Cushman, the Board authorized a
Financial Assistance Agreement with the California State Games, a non-profit
corporation, in connection with the 2003 California State Games Junior Lifesaving
Championships, for an amount not to exceed $2,500.00, payment of said funds to be
April 8, 2003
Page 89
California State Games (Athlete Event). On motion of Commissioner Davis,
seconded by Commissioner Cushman, the Board authorized a Financial Assistance
Agreement with the California State Games, a non-profit corporation, said Agreement to
provide for District services in connection with the 2003 California State Games Athlete
Party, said District services not to exceed the sum of $1,500.00, in accordance with the
City of Imperial Beach. On motion of Commissioner Davis, seconded by
the City of Imperial Beach in connection with the Symphony by the Sea, for an amount
Imperial Beach Chamber of Commerce. On motion of Commissioner Bixler,
seconded by Commissioner Cushman, the Board authorized a Financial Assistance
Agreement, in the event that matching funds are secured from other sponsors, with the
Imperial Beach Chamber of Commerce, a non-profit corporation, in connection with
various events sponsored by said Imperial Beach Chamber of Commerce, for an amount
be placed on file in the office of the District Clerk as Document No. 45885, provided,
however, in either event, the District is hereby further authorized to provide District
services not to exceed the sum of $4,100.00, by the following vote: Yeas-Bixler,
Abstained-None.
KOZ Enterprises.
On motion of Commissioner Bixler, seconded by
KOZ Enterprises, for an amount not to exceed $2,500.00, payment of said funds to be
April 8, 2003
Page 90
United States Open Sandcastle. Commissioner Bixler stated his support for
this request, and described the conditions recommended by the Financial Assistance Ad
Hoc Committee.
Board authorized a Financial Assistance Agreement with United States Open Sandcastle,
Document No. 45887, subject to terms and conditions more particularly outlined in
Resolution 2003-69; further authorizing the provision of District services not to exceed
the sum of $5,000.00, by the following vote: Yeas-Bixler, Cushman, Davis, Spane, Van
Chamber Salute to Navy. Chairman Van Deventer requested that Ms.
Vandergaw contact the City of National City regarding the parking tickets issued at this
year’s lunch.
Board authorized a Financial Assistance Agreement with the Chamber Salute to the
Navy, for an amount not to exceed $8,000.00, payment of said funds to be made in
City of National City Parks and Recreation. On motion of Commissioner
Cushman, seconded by Commissioner Spane, the Board authorized a Financial
Assistance Agreement with the City of National City Parks & Recreation, in connection
with the Summer Concert at Pepper Park, for an amount not to exceed $22,500.00,
Abstained-None.
April 8, 2003
Page 91
Commissioner Spane requested that staff report back to the Board on the results
of financial assistance requests received at the airport. Commissioner Bixler suggested
that staff advise applicants that if they are an established event or program, they
should seek additional funding other than from the District. Commissioner Bixler
requested clarification from Chairman Van Deventer regarding which events or
programs should continue to receive the current level of funding from the District.
Commissioner Cushman stated that one of the goals of District Financial Assistance
Program should be to provide seed money for new events or programs. Mr.
Hollingsworth stated that, as part of this year’s application process, the applicants were
notified that it was the District’s intent to provide seed money and encouraged the
applicants to seek corporate sponsorship. Commissioner Davis requested that staff ask
the airport to serve on a committee to evaluate the requests together. Commissioner
Spane requested that staff develop a management tool to provide the Board more
detailed financial information on the requests for funding.
AUTHORIZATION TO ENTER INTO FEE FOR SERVICE AGREEMENTS AND MARKETING
SPONSORSHIPS
RESOLUTION 2003-70 authorizing a total amount not to exceed $672,250.00 to
be expended under the Fee for Service Program for Fiscal Year 2003-2004; and waiving
the provisions of BPC Policy 110 relating to selection of the following organizations from
a recommended list as provided in said Policy; further resolving that any funds
authorized pursuant to this Resolution shall not be made available for disbursement
prior to the adoption of the District Budget for Fiscal Year 2003-2004; further resolving
that the Board will review the remaining funding request of the San Diego World Trade
Center at a later date and will make a decision at that time regarding the distribution of
funds, if any, was adopted by separate votes for each request, said sum to be
distributed as follows:
Forum Fronterizo.
Commissioner Cushman requested and
clarification from Commissioner Bixler regarding staff’s recommendation.
received
Board authorized a Sponsorship Agreement with Forum Fronterizo, a non-profit
corporation, for an amount not to exceed $10,000.00, payment of said funds to be
April 8, 2003
Page 92
Sponsorship Agreement, to be placed on file in the office of the District Clerk as
Pacific Life Holiday Bowl. Commissioner Cushman announced that, because
he is a member of the Board of Directors of the Pacific Life Holiday Bowl organization,
he would be abstaining on this motion. On motion of Commissioner Bixler, seconded by
Commissioner Davis, the Board authorized a Sponsorship Agreement with Pacific Life
Holiday Bowl, a non-profit corporation, for an amount not to exceed $155,000.00,
covenants contained in said Sponsorship Agreement, to be placed on file in the office of
the District Clerk as Document No. 45891, by the following vote: Yeas-Bixler, Davis,
Spane, Van Deventer; Nays-None; Excused-McQuater; Absent-None; AbstainedCushman.
San Diego Convention & Visitors Bureau. On motion of Commissioner
Cushman, seconded by Commissioner Spane, the Board authorized a Marketing
Agreement with the San Diego Convention & Visitors Bueau, a non-profit corporation,
accordance with the terms, conditions and covenants contained in said Marketing
Agreement, to be placed on file in the office of the District Clerk as Document No.
45892, by the following vote: Yeas-Bixler, Cushman, Davis, Spane, Van Deventer; NaysNone; Excused-McQuater; Absent-None; Abstained-None.
San Diego County Hispanic Chamber of Commerce.
Commissioner
Cushman requested and received clarification from Ms. Vandergaw regarding staff’s
recommendation. Chairman Van Deventer stated his support for this organization.
On motion of Commissioner Cushman, seconded by Commissioner Spane, the
Board authorized a Fee for Service Agreement with the San Diego County Hispanic
Chamber of Commerce, a non-profit corporation, for an amount not to exceed
and covenants contained in said Fee for Service Agreement, to be placed on file in the
Abstained-None.
April 8, 2003
Page 93
San Diego Film Commission.
On motion of Commissioner Cushman,
seconded by Commissioner Spane, the Board authorized a Fee for Service Agreement
with the San Diego Film Commission, a non-profit corporation, for an amount not to
exceed $50,000.00, payment of said funds to be made in accordance with the terms,
conditions and covenants contained in said Fee for Service Agreement, to be placed on
file in the office of the District Clerk as Document No. 45894, by the following vote:
San Diego Fleet Week Foundation. Chairman Van Deventer requested and
received clarification from Ms. Vandergaw regarding staff’s recommendation.
authorized a Sponsorship Agreement with San Diego Fleet Week Foundation, a nonprofit corporation, for an amount not to exceed $100,000.00, payment of said funds to
be made in accordance with the terms, conditions and covenants contained in said
provide District services not to exceed the sum of $50,000.00, by the following vote:
San Diego Regional Chamber of Commerce. Mitch Mitchell, representing
the San Diego Regional Chamber of Commerce, addressed the Board and thanked the
District for their support.
Board authorized a Fee for Service Agreement with the San Diego Regional Chamber of
Commerce, a non-profit corporation, for an amount not to exceed $25,000.00, payment
of said funds to be made in accordance with the terms, conditions and covenants
contained in said Fee for Service Agreement, to be placed on file in the office of the
Davis, Spane, Van Deventer; Nays-None; Excused-McQuater; Absent-None; AbstainedNone.
San Diego Regional Economic Development Corporation (EDC). Ms.
Vandergaw stated the District would retain $21,000.00 in the budget for a membership
in the EDC. Commissioner Cushman requested and received clarification from Ms.
Vandergaw regarding how EDC sets its membership fee. Staff was directed to ensure
April 8, 2003
Page 94
that the new membership fee is based upon the District’s present number of
employees.
Board authorized a Fee for Service Agreement with the San Diego Regional Economic
Development Corporation, a non-profit corporation, for an amount not to exceed
Abstained-None.
San Diego Sportfishing Council. Catherine Miller, representing the San Diego
Sportfishing Council addressed the Board and stated that she will bring back a
marketing program to Board in 60 days.
Board authorized a Marketing Sponsorship Agreement with the San Diego Sportfishing
Council, a non-profit corporation, for an amount not to exceed $75,000.00, payment of
said funds to be made in accordance with the terms, conditions and covenants
contained in said Marketing Sponsorship Agreement, to be placed on file in the office of
the District Clerk as Document No. 45898, by the following vote: Yeas-Bixler, Cushman,
Davis, Spane, Van Deventer; Nays-None; Excused-McQuater; Absent-None; AbstainedNone.
San Diego Symphony.
Commissioner Spane requested and received
clarification from Ms. Vandergaw regarding staff’s recommendation.
Board authorized a Sponsorship Agreement with the San Diego Symphony, a non-profit
corporation, for an amount not to exceed $69,000.00, payment of said funds to be
San Diego World Trade Center.
Richard Ledford and Bella Heule,
representing the San Diego World Trade Center, addressed the Board and provided
additional information on their funding request of $100,000.00. Mr. Hollingsworth
April 8, 2003
Page 95
stated the Board could consider approving the staff recommendation of $50,000.00 and
approve additional funding later as needed.
clarification from Ms. Heule regarding proposed trade missions. Commissioner Spane
requested and received clarification from Ms. Heule and Mr. Ledford regarding how the
Trade Center used the monies allocated for trade missions. Commissioner Cushman
requested and received clarification from Ms. Heule regarding the status of the funds
for trade missions that did not occur. Commissioner Cushman expressed his concern
regarding the lack of results from trade missions to the Far East. Commissioner
Cushman suggested more trade missions to Latin America. Commissioner Cushman
suggested tabling this item to allow staff and the Trade Center to provide additional
information regarding their funding request.
Commissioner Spane made a motion to authorize a Fee for Service Agreement
with the San Diego World Trade Center for $50,000.00. The motion failed for lack of a
second motion.
Board agreed to continue this item to a future Board meeting, by the following vote:
South County Economic Development Corporation.
Commissioner
Cushman requested and received clarification from Ms. Vandergaw regarding staff’s
recommendation. Chairman Van Deventer requested that the South County Economic
Development Corporation provide more detailed information regarding their efforts to
market the Port.
Board authorized a Fee for Service Agreement with South County Economic
Development Corporation, a non-profit corporation, for an amount not to exceed
Abstained-None.
April 8, 2003
Page 96
Shelter Island Hotel Group. Commissioner Cushman commended the Shelter
Island Hotel Group for their marketing efforts.
Board authorized a Marketing Sponsorship Agreement with the Shelter Island Hotel
Group, a non-profit corporation, for an amount not to exceed $18,250.00, payment of
said funds to be made in accordance with the terms, conditions and covenants
contained in said Marketing Sponsorship Agreement, to be placed on file in the office of
the District Clerk as Document No. 45901, provided, however, the District is hereby
further authorized to provide District services not to exceed the sum of $6,750.00, by
the following vote: Yeas-Bixler, Cushman, Davis, Spane, Van Deventer; Nays-None;
Elite Racing (Rock ‘n’ Roll Marathon). Ms. Vandergaw stated that, after
reviewing the request from Elite Racing for funding, staff determined it did not meet the
criteria for the Fee for Service Marketing Sponsorship program. Ms. Vandergaw stated
that staff failed to forward this request to the Marketing Committee for consideration
and requested the Board hear their request today.
Tracy Sundlum, representing Elite Racing, addressed the Board and presented
his proposal for the Rock ‘n’ Roll marathon. Mr. Hollingsworth and Ms. Vandergaw
stated that this an excellent event and is well established, however, does not need
District funding to be successful.
denied funding for the Elite Racing request, by the following vote: Yeas-Bixler,
Cushman, Davis, Van Deventer; Nays-Spane; Excused-McQuater; Absent-None;
Abstained-None.
Commissioner Davis thanked staff for their work on this item. Commissioner
Davis requested that, in the future, staff provide additional information regarding the
difference between staff and committee recommendations. Chairman Van Deventer
requested staff also provide additional budget information from the applicants.
Commissioner Bixler requested that staff update charts provided to the Board to include
District services that were provided. Commissioner Bixler suggested that, as part of the
application process, each applicant should state how their proposal would support the
April 8, 2003
Page 97
District's strategic plan and goals. Commissioner Bixler requested that staff develop a
standard budget request form as part of the application process.
r y
V i c M a i r , Board 'of Port Commissioners
ATTEST:
1;
April 8, 2003
Page 98
MINUTES
Unified Port District was called to order by Chairman Van Deventer at 1:03 p.m.
Tuesday, April 8, 2003, in the Board Room at 3165 Pacific Highway, San Diego,
California.
ROLL CALL
Agenda Item 1.
Present:
McEntee.
Absent:
None.
Excused:
None.
COMMISSIONER MCQUATER COMMENTS
Commissioner McQuater congratulated Sylvia Rios for being appointed to the
Board of Port Commissioners. Commissioner McQuater thanked the Mayors and the
City Council Members who appointed her to the Board. Commissioner McQuater
thanked her employer Solar Turbines, for being supportive of her public service.
Commissioner McQuater thanked and acknowledged the service of all District
employees including those employees at the airport.
Commissioner McQuater
recognized the stakeholders and the constituents of the District. Commissioner
McQuater stated it has been an honor to serve with her fellow Commissioners.
Commissioner McQuater thanked her family and recognized her mother as her
inspiration. Commissioner McQuater stated it has truly been an honor and privilege to
serve as Commissioner.
April 8, 2003
Page 99
SWEARING-IN OF NEWLY APPOINTED CITY OF SAN DIEGO COMMISSIONER
SYLVIA C. RIOS
Agenda Item 2. Anthony Rios administered the oath of office to newly appointed
City of San Diego Commissioner Sylvia Rios. Commissioner Rios thanked her family for
their support and stated she was grateful for the opportunity to serve on the Board of
Port Commissioners.
RESOLUTION APPOINTING PATRICIA A. MCQUATER AS COMMISSIONER
EMERITUS
Agenda Item 3. Chairman Van Deventer read into the record a resolution
summarizing the accomplishments of Commissioner McQuater during her tenure as a
Port Commissioner and appointing her to the honorary office of Commissioner Emeritus.
Chairman Van Deventer presented Commissioner Emeritus McQuater with a gift. The
entire Board acknowledged Commissioner Emeritus McQuater for her calm and positive
demeanor, for being a role model to other Commissioners, for her articulateness and
sense of humor. The Board thanked Commissioner Emeritus McQuater for her public
service.
Rick Ghio, representing the San Diego Port Tenants Association, addressed the
Board and presented Commissioner Emeritus McQuater with a plaque recognizing her
service on the Board of Port Commissioners. Bruce Hollingsworth, Executive Director,
acknowledged Commissioner Emeritus McQuater’s respect of District employees.
Board, by a unanimous vote, adopted RESOLUTION 2003-58 appointing Patricia A.
McQuater as Commissioner Emeritus (copy on file in the Office of the District Clerk).
Chairman Van Deventer announced that the Board would take a short break in
order to have a reception for Commissioner Emeritus McQuater and Commissioner Rios.
Chairman Van Deventer stated that, at the conclusion of the break, the Board would
begin closed session. Ellen Corey Born, Interim Port Attorney, listed the closed session
items that the Board would consider today.
April 8, 2003
Page 100
CLOSED SESSION
Agenda Item 22.
CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION
Government Code Section 54956.9(b)(1) – 1 case
Agenda Item 23.
PUBLIC EMPLOYMENT – EXECUTIVE DIRECTOR
Agenda Item 24.
OPEN SESSION
session. Ellen Corey Born, Interim Port Attorney, corrected the listing of Agenda Item
22 as follows:
Campbell Industries v. San Diego Unified Port District, et al.
San Diego Superior Court, Case No. GIC807514
Pursuant to Government Code Section 54956.9(a)
Chairman Van Deventer stated that the Board authorized employment contracts for the
Executive Director and newly appointed Port Attorney. The employment contracts
would be available upon execution of the parties.
Chairman Van Deventer noted that all commissioners were present, except
Commissioner Spane, who was excused.
APPROVAL OF MINUTES
Agenda Item 4. The minutes submitted for the special meetings of March 10,
2003, the special meeting of March 11, 2003, and the regular meeting of March 18,
2003, were approved on motion of Commissioner Bixler, seconded by Commissioner
Cushman.
April 8, 2003
Page 101
Agenda Item 5. Theresa Quiroz addressed the Board and expressed her concern
regarding waiting until after closed session was completed to be able to speak. Ms.
Quiroz expressed her concern regarding the lack of reference to the disabled in the
Equal Opportunity Status Report. Chairman Van Deventer requested that Bruce
Hollingsworth, Executive Director, respond to Ms. Quiroz regarding her comments.
CONSENT AGENDA
On motion of Commissioner Bixler, seconded by Commissioner Davis, the Board,
with a single vote, adopted consent agenda items 6 through 11 (Resolutions 2003-59
through and including 2003-65) by the following vote: Yeas-Bixler, Cushman, Davis,
Rios, Spane, Van Deventer; Nays-None; Excused-None; Absent-None; Abstained-None,
as follows:
Agenda Item 6. RESOLUTION 2003-59 declaring the equipment listed on the
Surplus Equipment Listing, attached thereto as Exhibit A and by this reference made a
part thereof (Exhibit A is on file in the Office of the District Clerk), to be surplus to the
needs of the District and shall be disposed of in accordance with the procedures
REQUEST FOR QUALIFICATIONS
Agenda Item 7. RESOLUTION 2003-60 authorizing the issuance of a Request for
Qualification for Professional Services to perform advertising/marketing and/or public
relations services for the San Diego Unified Port District; further resolving that the
results of said Request for Qualifications will be reported to the Board and a decision
made at a later date regarding the authorization of an Agreement, was adopted as part
April 8, 2003
Page 102
AUTHORIZATION TO ENTER INTO AGREEMENT WITH MACTEC ENGINEERING
AND CONSULTING SERVICES, INC.
Agenda Item 8. RESOLUTION 2003-61 authorizing an Agreement with Mactec
Engineering and Consulting Services, Inc., a Georgia corporation, to perform Material
Testing and Special Inspection Services, both in the field and in the laboratory, in
connection with certain construction contract work at various District Tideland locations,
on an as-needed basis, as determined by the District, for the period of time
commencing on the date of execution of said Agreement and terminating on April 14,
2004, subject to earlier termination, for a maximum expenditure not to exceed
$100,000.00; said funds to be disbursed in accordance with the terms, covenants and
Document No. 45850; further resolving that the District, at its sole discretion, may
extend said Agreement for two (2) additional One (1) year options, subject to terms
more particularly outlined in Resolution 2003-61, for an aggregate expenditure not to
exceed $300,000.00, was adopted as part of the consent agenda.
AWARD OF CONTRACT 2003-01 TO SUPERIOR READY MIX CONCRETE LP, A
PARTNERSHIP, DBA SRM CONTRACTING AND PAVING, FOR PAVEMENT
REPAIRS, HARBOR AND SHELTER ISLAND, TIDELANDS PAVEMENT
MANAGEMENT PROGRAM
Project No. SD2025GM, Pavement Repairs, Harbor and Shelter Island, Tidelands
Pavement Management Program, commonly known as District Construction Contract
2003-01; accepting the low bid of Superior Ready Mix Concrete LP, a Partnership, dba
SRM Contracting and Paving, in an amount not to exceed $735,935.00, based upon
prices set forth in the bid proposal for Pavement Repairs, Harbor and Shelter Island,
Tidelands Pavement Management Program; further authorizing and directing the
execution of Contract 2003-01 with Superior Ready Mix Concrete LP, a Partnership, dba
SRM Contracting and Paving, for the performance of said work, was adopted as part of
the consent agenda.
April 8, 2003
Page 103
AUTHORIZATION TO ENTER INTO AGREEMENT WITH SAN DIEGO STATE
UNIVERSITY FOUNDATION
Agenda Item 10. RESOLUTION 2003-63 authorizing an Agreement with San
Diego State University Foundation, a California non-profit corporation, to undertake,
carry out and complete all of the work and services in evaluating eelgrass restoration
techniques in accordance with the terms, covenants and conditions contained in said
Agreement for a period of two (2) years commencing April 30, 2003, and ending April
29, 2005, for a maximum amount not to exceed $150,000.00, said funds to be
disbursed in accordance with the terms, covenants and conditions contained in said
Agreement, on file in the office of the District Clerk as Document No. 45851; further
waiving the provisions of BPC Policy 110 relating to selection of a firm from a
recommended list, was adopted as part of the consent agenda.
REJECTION OF AMENDED CLAIM – JOHN VATTUONE
Agenda Item 11. RESOLUTION 2003-64 rejecting the amended claim filed
against the District on February 18, 2003, by John Vattuone for damage sustained to
his vehicle when it was flooded with water while parked on District property located at
1400 West 28th Street in National City, was adopted as part of the consent agenda.
REJECTION OF AMENDED CLAIM – RACHEL RIGSBY
Agenda Item 11. RESOLUTION 2003-65 rejecting the amended claim filed
against the District on March 7, 2003, by Rachel Rigsby for personal injuries sustained
when she allegedly fell on an escalator in Terminal One at Lindbergh Field on December
18, 2002, was adopted as part of the consent agenda.
PUBLIC HEARING / ACTION
AMENDMENT OF BPC POLICY NO. 601, DOCUMENT REPRODUCTION FOR THE
PUBLIC
Agenda Item 12. CJ Lucke, Director, Corporate Services, stated she was
available to answer any questions from the Board. Chairman Van Deventer opened the
April 8, 2003
Page 104
Public Hearing. No one requested to speak and Chairman Van Deventer closed the
Public Hearing.
Board adopted RESOLUTION 2003-66 adopting Board of Port Commissioners Policy No.
601, Document Reproduction for the Public, as amended, a copy of which is on file in
the office of the District Clerk as Document No. 45852, by the following vote: YeasBixler, Cushman, Davis, Rios, Van Deventer; Nays-None; Excused-Spane; Absent-None;
Abstained-None.
ACTION AGENDA
BRIEFING ON LEGISLATION OF INTEREST TO THE PORT OF SAN DIEGO AND
PROVIDE POLICY DIRECTION TO STAFF TO FORWARD THE BOARD’S
POSITION TO THE LEGISLATURE AND EXECUTIVE BRANCHES OF THE STATE
GOVERNMENT – SENATE BILL 68
and presented staff recommendations regarding Senate Bill 68 (SB 68). (A copy of the
staff report is on file in the Office of the District Clerk.) SB 68 creates the San Diego
Bay Advisory Committee for Ecological Assessment that would be required to compile a
report on the health of San Diego Bay. Dick Cloward addressed the Board and stated
his support for SB 68
clarification from Mr. Wilkens regarding the need to produce another report, and
whether funding exists to implement the results of a new report. Mr. Wilkens stated he
does not view the proposed legislation as duplicative of the Comprehensive
Management Plan for San Diego Bay report, prepared by the San Diego Inter-Agency
Water Quality Panel Report that was completed in 1998. In response to an inquiry from
Commissioner Davis, David Merk, Director, Recreation & Environmental Services,
outlined the goals of the proposed legislation and the previous report. Chairman Van
Deventer requested and received clarification from Mr. Merk regarding possible sources
of funding to complete the committee’s work. Commissioner Davis requested and
received clarification from Mr. Merk regarding the actual costs for the committee.
Commissioner Davis stated his concern regarding the lack of funding limits in the
April 8, 2003
Page 105
proposed legislation. In response to an inquiry from Commissioner Davis, Mr. Wilkens
provided additional information on possible grants available for this item.
Commissioner Bixler also stated concerns regarding the lack of funding for this
proposed committee and the lack of specific issues to be reviewed by the committee.
Commissioner Cushman stated that fees collected from six-pac charter vessels
were supposed to be allocated for a study regarding the health of the fish life in San
Diego Bay. Commissioner Cushman suggested using the previous report as a baseline
for the proposed committee’s report. Commissioner Cushman requested and received
clarification from Mr. Merk regarding the status of the State of the Bay study and Health
of the Fish Life in the Bay study. Commissioner Cushman suggested that further
discussion with the author of this legislation was needed regarding the funding for the
implementation of committee’s report. Commissioner Cushman requested that staff
complete the Health of the Fish Life in the Bay study with fees collected from the sixpac charters.
Commissioner Davis suggested tabling this item until staff can meet with the
author of this legislation to discuss the concerns of the Board. Mr. Wilkens stated that
this legislation will move quickly through the legislature and recommended the Board
support the proposed legislation with propose changes. Chairman Van Deventer
requested that staff bring this item back to the Board at its April 22, 2003 meeting.
Mr. Wilkens reiterated the Board’s issues to be discussed with the author as the
following: establish a cap of administrative costs for the proposed committee; funding
source for implementation of the report, using the previous report as a baseline; the
ability of the Chairman to designate a chair of the proposed committee; and specific
definition of the scope of work for the committee. Mr. Merk stated his concern
regarding the utilization of the previous report in conjunction with the proposed
committee’s report. The Board continued this item to the April 22, 2003, Board meeting
to allow staff to confer with the author of the legislation regarding the concerns of the
Board.
April 8, 2003
Page 106
RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A
ONE-YEAR AGREEMENT WITH CARRIER JOHNSON TO PROVIDE URBAN
WATERFRONT PLANNING AND DESIGN CONSULTING SERVICES FOR THE
CHULA VISTA BAYFRONT MASTER PLAN STUDY FOR AN AMOUNT NOT TO
EXCEED $850,000.00
Agenda Item 14. Ralph Hicks, Director, Land Use Planning, addressed the Board
and stated he has received notification from Carrier Johnson of their inability to execute
the Agreement relating to the insurance and indemnification requirements. Mr. Hicks
recommended continuing this item to the April 22, 2003 Board meeting for the purpose
of allowing staff to explore other alternatives. Bruce Hollingsworth, Executive Director,
stated that the District has received feedback from contractors and vendors that doing
business with the District has become onerous and the Board may wish to reexamine
the policy regarding indemnification requirements.
Commissioner Cushman suggested using some type of criteria, dependent upon
the agreement, to assess the risk level and to determine the appropriate insurance and
indemnification requirements. Commissioner Davis requested and received clarification
from Mr. Hollingsworth and Ellen Corey Born, Interim Port Attorney, regarding how
many times the District had to exercise the indemnification clause. Ms. Corey Born
provided a brief history of the current indemnification language.
Commissioner Bixler requested and received clarification from Mr. Hicks
regarding the impact of the current indemnification language on using another
consultant from the selection process. Commissioner Bixler expressed his concern
regarding a modification of indemnification language after the selection process has
been completed. In response to an inquiry from Commissioner Bixler, Mr. Hicks stated
that the current indemnification language was provided to the consultants as part of the
selection process. Chairman Van Deventer stated the need to review the current
indemnification language.
Commissioner Cushman requested and received clarification from Gordon Carrier,
representing Carrier Johnson, regarding impact of the current indemnification language
on their efforts to obtain insurance for this project.
Board agreed to continue this item for two weeks to allow staff to continue to negotiate
with Carrier Johnson, by the following vote: Yeas-Bixler, Cushman, Davis, Rios, Van
April 8, 2003
Page 107
NATIONAL CITY MARINA BASIN AND ENTRANCE, NATIONAL CITY
Tony Heinrichs, Senior Director, Facilities/Chief Engineer, and Genene Lehotsky,
Assistant Environmental Planner, addressed the Board and presented staff
recommendations regarding the National City Marina Basin. (A copy of the staff report
On motion of Commissioner Cushman, seconded by Chairman Van Deventer, the
Board adopted RESOLUTIONS 2003-67 and 2003-68 by the following vote: Yeas-Bixler,
Cushman, Davis, Van Deventer; Nays-None; Excused-Rios, Spane; Absent-None;
Abstained-None, as follows:
COASTAL DEVELOPMENT PERMIT – DREDGING AND DISPOSAL OF
HYDRAULIC FILL AND BAY BOTTOM SEDIMENT TO CREATE THE PROPOSED
NATIONAL CITY MARINA BASIN AND ENTRANCE, NATIONAL CITY
Agenda Item 15a. RESOLUTION 2003-67 making certain findings, as more
specifically outlined in Resolution 2002-67, including the proposed Project, which is
entitled “Dredging and Disposal of Hydraulic Fill and Bay Bottom Sediment to Create the
Proposed National City Marina Basin and Entrance, National City” is consistent with and
conforms to the District Master Plan; and authorizing and directing the issuance of a
Coastal Development Permit for said Project, was adopted as indicated above, “National
City Marina Basin and Entrance, National City.”
AWARD OF CONTRACT 2002-23 TO R. E. STAITE ENGINEERING, INC. FOR
NATIONAL CITY MARINA BASIN, NATIONAL CITY
Agenda Item 15b. RESOLUTION 2003-68 adopting the Plans and Specifications
for Project No. NC1026GC, National City Marina Basin, commonly known as District
Construction Contract 2002-23; further accepting the low bid of R. E. Staite
Engineering, Inc., in an amount not to exceed $5,000,422.00, based upon prices set
forth in the bid proposal, in accordance with Alternate Base Bid Schedule A and
Alternative Additive Bid Schedule B, for National City Marina Basin, National City; and
authorizing and directing the execution of Contract 2002-23 with R. E. Staite
Engineering, Inc. for the performance of said work, was adopted as indicated above,
“National City Marina Basin and Entrance, National City.”
April 8, 2003
Page 108
NOTIFICATION OF SETTLEMENT
The Board received and filed notification from the Port Attorney that, pursuant to
the settlement authority previously authorized by the Board, the following lawsuits have
now settled:
Agenda Item 16. Tuchscher v. SDUPD, et al.
Agenda Item 17. Nielsen Beaumont Marine, Inc. v. SDUPD, et al.
Agenda Item 18. Sonali Bose v. SDUPD, et al.
MONTHLY NOTIFICATION OF CHANGE ORDERS PURSUANT TO BPC POLICY
110
Agenda Item 19. In accordance with BPC Policy 110, the following change
orders executed by the Executive Director were reported:
a. Change Order No. 9 for $1,191.84 to Contract No. 2001-06 with Bellingham
Marine Industries, Inc. for Harbor Police Dock and Transient Vessel Dock
Replacement.
b. Change Order No. 19 for $197,388.00 to Contract 2001-27 with Taylor Ball of
California for Refrigerated Container Facility.
c. Change Order No. 1 for $1,522.00 to Contract No. 2001-29 with R.E. Staite
Engineering, Inc. for Repairs to Embarcadero Wharf.
d. Change Order Nos. 4 for $6,293.02 and 7 calendar days; 5 $25,645.00 and 40
calendar days; 6 for $32,062.38 and 10 calendar days; 9 for $1,224.85; and 10
for $3,565.59 to Contract No. 2002-01 with Bellingham Marine Industries, Inc.
for Accessible Boat Docks, San Diego Bay.
e. Change Order Nos. 3 for $6,000.00 and 5 calendar days; 4 for $4,710.00 and 3
calendar days; 5 for 34 calendar days; 6 for $11,772.00 and 18 calendar days; 7
for $2,796.00 and 10 calendar days; 8 for $8,935.00; and 9 for $5,676.00 and 4
calendar days to Contract No. 2002-06 with Bath & Kitchen Company for
Restroom and Shower Facility, Transient Vessel Dock.
f. Change Order No. 2 for $6,320.59 to Contract No. 2002-09 with Ghassan
Construction for Cesar E. Chavez Park Parking Lot Relocation.
April 8, 2003
Page 109
g. Change Order No. 10 for $30,014.11 and 60 calendar days to Contract No. 200213 with R.E. Staite Engineering, Inc. for Maintenance Dredging, Berths 10-1 and
10-2, Tenth Avenue Marine Terminal.
h. Change Order Nos. 3 for $12,969.95 and 4 for $8,300.00 to Contract No. 200215 with International Pavement Solutions, Inc. to Correct Remaining Gallager
Deficiencies at Embarcadero Crescent and Shelter Island.
i. Change Order Nos. 2 for 21 calendar days; 3 for $2,820.00; 4 for $372.00; 5 for
changed conditions; 6 for $857.00 and 2 calendar days; 7 for $1,599.00 and 2
calendar days; 8 for $4,197.00; 9 for $268.00 and 2 calendar days; 10 for
$596.00 and 1 calendar day; 11 for $1,030.00 and 14 calendar days; 12 for
$374.00 and 1 calendar day; 13 for $378.00 and 1 calendar day; 14 for $337.00
and 1 calendar day; 15 for $1,013.77 and 2 calendar days; and 16 for $175.00
and 1 calendar day to Contract No. 2002-18 with Randall Construction for Head
House #2 Office Improvements.
j. Change Order No. 6 for $53,170.00 to Contract No. 2002-19 with C.E. Wylie
Construction Company for General Services Facility.
k. Change Order Nos. 4 for $11,630.64 and 3 calendar days; 6 for $6,450.51; 8 for
$3,169.85 and 2 calendar days; and 11 for $1,049.90 to Contract No. 2002-21
with Douglas E. Barnhart, Inc. for Cruise Ship Terminal Security and Interior
Improvements.
l. Changes Order Nos. 1 for $200.00; 2 for $605.00; and 3 for $92.00 to Contract
2002-25 with General Air Conditioning, Inc. for Upgrade HVAC System Harbor
Police Administration Building.
m. Change Order No. 2 for $9,729.00 to Contract No. 2002-26 with Ghassan
Construction, Inc. for Pavement Management Program (1) Fiscal Year 2003.
n. Change Order No. 1 for $1,625.00 to Contract No. 2002-28 with HMS
Construction Company for Intersection Improvements on North Harbor Drive at
Rental Car Road.
o. Change Order No. 1 for $3,640.00 to Contract No. 2002-48 with Wedgeco, Inc.
dba Hydrodynamics for Maintenance Painting of Port Logo on Bunker Fuel Tank.
Agenda Item 20. David Hall, Chief, Harbor Police, addressed the Board and read
a proclamation acknowledging the week of April 13 through April 19, 2003, as National
Public Safety Telecommunications Appreciation Week.
Page 110
April 8, 2003
I n response to an inquiry from Commissioner Davis, Bruce Hollingsworth,
Executive Director, responded to California Lt. Governor Bustamante's comments
regarding the replacement of the South Bay Power Plant.
Aqenda Item 21. Commissioner Davis requested and received clarification from
Bruce Hollingsworth, Executive Director, regarding recent comments by Lieutenant
Governor Cruz Bustamante about the Duke Power Plant in Chula Vista. Chairman Van
Deventer stated that the City of Chula Vista is conducting a study of the economic
benefits that a new power plant will bring to the area.
ATTEST:
c
Clerk of the a Diego Unified Port District
9)1
April 22, 2003
Page 111
MINUTES
9:07 a.m. Tuesday, April 22, 2003, in the Board Room at 3165 Pacific Highway, San
Diego, California.
ROLL CALL
Agenda Item 1.
Present:
COMMISSIONERS Bixler, Davis, Rios, Spane, Van Deventer; OFFICERS
Hollingsworth, Darbeau, Corey-Born, McEntee and Heinrichs.
Absent:
None.
Excused:
April 22, 2003
Page 112
WORKSHOP
STAFF PRESENTATION AND RECOMMENDATIONS FOR THE FY 2003-2007
CAPITAL DEVELOPMENT PROGRAM, DIRECTION TO STAFF, AND
RESOLUTION ADOPTING THE FIVE-YEAR FY 2003-2007 CAPITAL
DEVELOPMENT PLAN
Agenda Item 3. Bruce Hollingsworth, Executive Director; Rinus Baak, Senior
Director, Project Office; and Jeff McEntee, Senior Director, Business & Financial
Services/Treasurer, addressed the Board and presented staff recommendations for the
FY 2003-2007 Capital Development Program (CDP). Mr. McEntee discussed three
financing scenarios for the CDP: low, baseline, and high. Mr. McEntee described the
assumptions associated with each scenario. Mr. McEntee stated that, given the
uncertainties regarding the District’s cash flow, staff is recommending that Board
approve the baseline funding scenario for financial planning purposes. (A copy of the
staff report and presentation are on file in the Office of the District Clerk.)
Commissioner discussion ensued. The Board requested and received clarification
on a variety of CDP issues. Commissioner Davis requested and received clarification
from Mr. McEntee regarding the assumptions of non-personnel expenses remaining flat
through FY 2007, and health and workers compensation insurance increasing each
year. Commissioner Davis requested and received clarification from Mr. McEntee
regarding the projected cash flows for the CDP. In response to inquiries from the
Board, Mr. McEntee provided additional information regarding options of paying off the
airport note. In response to an inquiry from Commissioner Bixler, Mr. Hollingsworth
discussed the impact of a national disaster on the baseline scenario. Commissioner
Bixler requested that, once the Board approves a financing scenario, staff present a
contingency plan to the Board within three months. Commissioner Davis requested and
received clarification from Mr. Baak regarding currently approved CDP projects.
To allow staff to prioritize projects, Mr. Hollingsworth requested direction from
the Board regarding which financing scenario they prefer. Commissioner Spane made a
motion directing staff to proceed with the baseline financing scenario, Commissioner
Bixler seconded the motion. Commissioner Van Deventer suggested that the Board
prioritize the CDP projects prior to approving a financing scenario. Commissioner Rios
requested and received clarification from Mr. Hollingsworth and Mr. McEntee regarding
the impact of the different scenarios on the District’s credit rating. Commissioner Spane
withdrew his original motion and Commissioner Bixler withdrew his second.
April 22, 2003
Page 113
Mr. Hollingsworth and Mr. Baak provided additional clarification to the Board
regarding the currently approved and proposed CDP projects. Mr. Baak discussed the
process and criteria utilized by staff for developing proposed CDP project
recommendations. Mr. Baak presented to the Board the projects prioritized into four
categories: High Priority, Medium Priority, Low Priority and Staff Suggestions. In
response to an inquiry from Commissioner Bixler, Mr. Baak and Dan Wilkens, Executive
Vice President, provided additional information regarding the channel deepening and
berth deepening CDP projects.
Commissioner Spane requested that the Coronado
Linear Park Additional Funding project be added to CDP. The Board requested and
received clarification from Mr. Baak regarding the Coronado Linear Park project. Tom
Smisek, Mayor of the City of Coronado, addressed the Board and provided an update on
the Coronado Linear Park project. Commissioner Bixler requested and received
clarification from Mayor Smisek regarding the scope of work for the Coronado Linear
Park project.
Commissioners Van Deventer and Davis discussed the funding for the Harbor
Drive/8th Avenue Pedestrian Bridge project. Commissioner Spane expressed his
concern regarding the proposed maritime-related projects and the degree to which they
align with the strategy for the Maritime Division. In response to Commissioner Spane’s
concern, Mr. Hollingsworth provided additional information regarding the timeline for
the maritime projects. Commissioner Van Deventer requested the ConVis Visitor Center
Modular Building be added to the CDP. The Board discussed the prioritization and
funding of the Flyover Bridge Tenth Avenue Marine Terminal projects.
Mr.
Hollingsworth outlined the flexibility and constraints of the CDP utilizing the baseline
financing scenario.
Sid Morris, representing the City of Chula Vista, addressed the Board and
provided additional information on the funding for the Chula Vista Bayfront
Development Planning project. Commissioner Davis requested and received clarification
from Mr. Baak and Mr. Hollingsworth regarding the funding and prioritization for the
Navy Property Acquisition projects. Chris Anderson, Vice President, Operations,
addressed the Board and provided the status of negotiations with the Navy.
Commissioner Bixler discussed the strategy for and investment in the Cruise Ship
Terminal. Commissioner Davis requested and received clarification from Ms. Anderson
and Mr. Wilkens regarding the funding and possible revenue generation for the Develop
Harbor Island Dirt Lot project. Kevin Arner, Director, Maritime Trade Development,
addressed the Board regarding revenue generating projects for maritime. Mr. Baak
designated which projects have the potential to generate revenue.
April 22, 2003
Page 114
Commissioner Bixler expressed his concern on continuing to expend funds on the
North Embarcadero Visionary Plan (NEVP).
Commissioner Bixler, Mr. Baak provided the total amount of funds spent on the NEVP.
Mr. Hollingsworth discussed the proposed Joint Powers Authority Agreement (JPA) with
Centre City Development Corporation for the purpose of completing the schematic
design phase of the NEVP. Commissioner Davis provided additional information on the
proposed JPA. Commissioner Van Deventer requested and received clarification from
Ms. Anderson regarding whether or not the Chesapeake Fish Buyout project will be
included in the Develop Parcels A and B projects.
Mr. Baak stated staff would bring further analysis on the CDP to Board within the
next three months. Commissioner Bixler requested the analysis include a rate of return
for the revenue generating projects.
approved the baseline financing scenario for funding the CDP, by the following vote:
Yeas-Bixler, Davis, Rios, Spane, Van Deventer; Nays-None; Excused-Cushman; AbsentNone; Abstained-None.
adopted RESOLUTION 2003-71 adopting the Capital Development Program, Fiscal Years
2003-2007, which includes the following Prioritized Projects selected by the Board as
follows:
1.
Project No. 170 – Coronado Linear Park Additional Funding – Estimated Cost:
$7,000,000.00;
2.
Project No. 16B – Deepening of Berths 10-3 through 10-6, Tenth Avenue Marine
Terminal – Estimated Cost: $4,719,000.00;
3.
Project No. 16A – Channel Deepening, Phase 1, Tenth Avenue Marine Terminal
– Estimated Cost: $3,585,000.00;
4.
Project No. 189 – North Embarcadero Continued Planning Studies and Design Estimated Cost: $1,500,000.00;
5.
Project No. 172 – Teledyne Property Interim Development – Estimated Cost:
$1,100,000.00;
Page 115
April 22, 2003
6.
Project No. 71 - Security Systems/Fencing, Tenth Avenue Marine Terminal Estimated Cost:$468,000.00, and
7.
Project No. 194 - ConVis Visitors Center, Modular Building - Estimated Cost:
$75,000.00,
further resolving that said CDP includes, without limitation, Funding for Completed
Projects, Projects Under Construction, South Bay MOU, and Current Committed
Projects, and shall be placed on file in the office of the District Clerk as Document No.
45959; further resolving that the effective date of the CDP for Fiscal Years 2003-2007 is
April 22, 2003, and further that the Non-Airport CDP, on file in the office of the District
Clerk as Document No. 43587, is hereby superseded, by the following vote: YeasBixler, Davis, Rios, Spane, Van Deventer; Nays-None; Excused-Cushman; Absent-None;
Abstained-None.
AlTEST:
Clerk of the S a n p g o Unified Port District
April 22, 2003
Page 116
MINUTES
Tuesday, April 22, 2003, in the Board Room at 3165 Pacific Highway, San Diego,
California.
ROLL CALL
Agenda Item 1.
Present:
COMMISSIONERS Bixler, Cushman, Davis, Rios, Spane, Van Deventer;
OFFICERS Hollingsworth, Darbeau, Corey-Born, Heinrichs and McEntee.
Absent:
None.
Excused:
None.
SWEARING-IN OF NEWLY APPOINTED CITY OF CHULA VISTA
COMMISSIONER MARSHALL “TY” COMPTON
administered the oath of office to newly appointed City of Chula Vista Commissioner
Marshall Compton. Commissioner Compton thanked the City of Chula Vista for the
opportunity to serve on the Board of Port Commissioners.
APPROVAL OF MINUTES
Agenda Item 3. The minutes submitted for the special meeting of April 8, 2003
and the regular meeting of April 8, 2003, were approved on motion of Commissioner
Cushman, seconded by Commissioner Bixler.
April 22, 2003
Page 117
Agenda Item 4. Gary Smith, representing the San Diego Downtown Residents
Group, addressed the Board and thanked the District for cleaning up the Old Police
Headquarters.
CONSENT AGENDA
Commissioner Bixler announced that, due to a possible conflict of interest, he
would be abstaining on item 5 (Resolution reinstating the previously selected Pool of
Investment Banking/Bond Underwriting Firms, with modifications). (Commissioner
Bixler is an employee of Merrill Lynch & Co., one of the senior manager firms who may
be providing debt financing services pursuant to Resolution 2003-72.)
Commissioner Cushman requested and received clarification on item 8
(Ordinance adopting and authorizing an Option Agreement with Sun Harbor Marina for
a new 40-Year lease) from Paul Fanfera, Assistant Director, Real Estate, regarding
dedicated boat slips for dock and dine.
Board, with a single vote, adopted consent agenda items 5 through 11 (Ordinances
2245 and 2246, and Resolutions 2003-72 through and including 2003-78) by the
following vote: Yeas-Bixler, Compton, Cushman, Davis, Rios, Spane, Van Deventer;
Nays-None; Excused-None; Absent-None; Abstained-Bixler abstained on number 5, as
follows:
REINSTATEMENT OF PREVIOUSLY SELECTED POOL OF INVESTMENT
BANKING FIRMS/BOND UNDERWRITERS FOR DEBT FINANCING SERVICES
AND AUTHORIZATION TO ENTER INTO AGREEMENTS
Agenda Item 5. RESOLUTION 2003-72 reinstating its previously selected pool of
Investment Banking Firms/Bond Underwriters (with the exception of the following CoManager Firms: The Chapman Company and Sutro & Co. Incorporated) and there is
hereby established a pool of Investment Banking Firms/Bond Underwriters to be used
for District debt financing services for a period of time not to exceed One (1) year; said
pool shall consist of firms qualified to perform as Senior Manager and firms qualified to
April 22, 2003
Page 118
perform as Co-Manager; further resolving that said pool shall consist of the following
firms:
Senior Manager Firms: Goldman Sachs & Co., Merrill Lynch & Co., RBC
Dain Rauscher, Inc. (formerly Dain Rauscher Incorporated), Smith Barney
(formerly Salomon Smith Barney), UBS Paine Webber (formerly Paine
Webber Incorporated)
Co-Manager Firms: AG Edwards & Sons, Inc., Samuel A. Ramirez & Co.,
Inc., Siebert Brandford Shank & Co., LLC, Sutter Securities Incorporated
further, reserving the right to delete or add members during the term of any
engagement or to utilize specific services from other firms as it sees fit, further
authorizing negotiating and entering into Agreements with any of the firms named in
the authorized pool of Investment Banking Firms/Bond Underwriters designated therein,
the services to be performed shall be in accordance with the terms, covenants and
conditions contained in said Agreements and said Agreements shall be placed on file in
the office of the District Clerk, was adopted as part of the consent agenda.
AMENDMENT OF SAN DIEGO UNIFIED PORT DISTRICT EMPLOYEES’
DEFERRED COMPENSATION PLAN AND APPOINTMENT OF PLAN
ADMINISTRATOR
Agenda Item 6. RESOLUTION 2003-73 adopting the Employees’ Deferred
Compensation Plan, as amended, on file in the office of the District Clerk as Document
No. 45949, said Plan, as amended, is effective as of January 1, 2002, and shall remain
in effect subject to amendment or termination by subsequent resolution of the Board;
further appointing Jose M. Mesa, Senior Director, Organization Effectiveness, as its Plan
Administrator for the District, effective April 22, 2003, was adopted as part of the
consent agenda.
ORDINANCE GRANTING AN EASEMENT TO THE CITY OF SAN DIEGO
Agenda Item 7. ORDINANCE 2245 approving and granting the Easement
between the San Diego Unified Port District and The City of San Diego, a municipal
corporation, for an underground easement, together with incidental surface rights,
including but not limited to sewer manholes and other items normally associated with a
April 22, 2003
Page 119
sewer facility, for the purposes of construction, operation, maintenance, repair,
replacement and inspection of public sewer facilities, and incidents and appurtenances
thereto, for approximately 3,528 square feet of tideland area located south of Tuna
Lane and west of Harbor Drive in the City of San Diego, on file in the office of the
District Clerk as Document No. 45950; and directing the execution of said Easement
with The City of San Diego, was adopted as part of the consent agenda.
ORDINANCE AUTHORIZING AN OPTION TO LEASE AGREEMENT WITH SUN
HARBOR MARINA
Agenda Item 8. ORDINANCE 2246 granting an Option to Lease Agreement and
authorizing the execution of said Option to Lease Agreement with Sun Harbor Marina, a
California general partnership, to lease certain District premises of approximately
64,775 square feet of land area and approximately 148,700 square feet of water area at
5104 North Harbor Drive in the City of San Diego, for the purposes of a recreational
marina consisting of approximately Ninety Four (94) double boat slips, between 3,000
and 4,000 square feet of gross building area for restaurant use, approximately 15,000
square feet of gross building area for marina support and marine-related office, storage
and light industrial uses, or for any other uses permitted thereunder, and approximately
121 on-site parking spaces, the Option Agreement is for a term of 10 months
commencing May 1, 2003, and ending on February 29, 2004, which term may be
extended by written agreement of the parties, and said Option Agreement is subject to
earlier termination in accordance with the terms, covenants and conditions contained
therein, on file in the office of the District Clerk as Document No. 45951; directing the
execution of the Lease with Sun Harbor Marina, a California general partnership, which
is attached to said Option Agreement, upon timely performance and exercise of said
Option to Lease Agreement; providing, however, in the event Sun Harbor Marina does
not satisfy the conditions set forth in Paragraph 4 of the Option to Lease Agreement,
entitled Conditions Precedent, said Option to Lease Agreement shall be null and void
and of no further force or effect, was adopted as part of the consent agenda.
REJECTION OF AMENDED CLAIM – SEAN MCGINNIS
Agenda Item 9. RESOLUTION 2003-74 rejecting the amended claim filed against
the District on March 18, 2003, on behalf of Sean McGinnis for personal injuries
allegedly sustained on September 19, 2002, when a custodian at Lindbergh Field
April 22, 2003
Page 120
allegedly struck one of the claimant’s crutches, causing him to fall to the floor, was
REJECTION OF AMENDED CLAIM – ALMA BEVERLEY
the District on March 20, 2003, on behalf of Alma Beverley for personal injuries
allegedly sustained on August 29, 2002, when she slipped and fell on an escalator at
Lindbergh Field, was adopted as part of the consent agenda.
REJECTION OF AMENDED CLAIM – DOUG LAWSON
the District on March 18, 2003, by Doug Lawson for damage sustained to his vehicle
when it was flooded with water on February 11, 2003, while parked near District
property located at 1400 West 28th Street in National City, was adopted as part of the
consent agenda.
DISPOSAL OF DREDGE MATERIAL FROM THE CHANNEL DEEPENING PROJECT
AT A NEAR SHORE DISPOSAL SITE IN IMPERIAL BEACH
Agenda Item 10. RESOLUTION 2003-77 supporting the United States Army
Corps of Engineers’ recommendation to dispose of dredge material from the Channel
Deepening Project at a near shore disposal site in Imperial Beach; further resolving that
copies of this Resolution shall be made available to the United States Army Corps of
Engineers, the California Coastal Commission, San Diego Association of Governments
(SANDAG), the City of Imperial Beach, and any other interested party, was adopted as
AMENDMENT TO AGREEMENT WITH HAN-PADRON ASSOCIATES
Agenda Item 11. RESOLUTION 2003-78 authorizing a Third Amendment to
Agreement with Han-Padron Associates, a New York limited liability partnership, for
additional services in connection with Engineering Studies, Design Services, Preparation
of Contract Documents and Construction Support Services for the Development of a
April 22, 2003
Page 121
Refrigerated Container Handling Facility and Site Improvements at the Tenth Avenue
Marine Terminal, San Diego, increasing the fee from $2,417,854.00 to an amount not to
exceed $2,491,854.00, said fee to be disbursed in accordance with the terms,
covenants and conditions contained in said Third Amendment to Agreement, on file in
the office of the District Clerk as Document No. 45952, was adopted as part of the
consent agenda.
PRESENTATION
PRESENTATION TO THE BOARD BY THE SAN DIEGO CONVENTION CENTER
CORPORATION
Agenda Item 12. Daniel McAllister, Chairman, San Diego Convention Center
Corporation (SDCCC), addressed the Board and presented a plaque acknowledging the
SDCCC for excellence in convention services and facilities. The Board thanked Mr.
McAllister for his hard work at SDCCC.
Chairman Van Deventer announced that the Board would take a short break in
order to have a reception for Commissioner Compton.
PRESENTATION BY GMS REALTY, LLC AND RIPLEY ENTERTAINMENT, INC.,
OF DEVELOPMENT PROPOSALS FOR THE SOUTH EMBARCADERO BAYSIDE
COMMERCIAL SITE (OLD POLICE HEADQUARTERS AND HARBOR SEAFOOD
MART)
Agenda Item 13. Randa Coniglio, Senior Asset Manager, Real Estate, addressed
the Board and provided a brief background regarding the Request for Proposals process
for the South Embarcadero Bayside Commercial site. (A copy of the staff report and
presentation are on file in the Office of the District Clerk.)
The following developers addressed the Board and presented their proposals:
GMS Realty, LLC (GMS), represented by William Gerrity, Michael McDade, William
Delvac, and David Manfredi; and Ripley Entertainment, Inc. (Ripley) represented by
George Millay, Robert Masterson, Doug Austin, Michael Johnson, and Wayne Donaldson.
(Copies of the presentation are on file in the Office of the District Clerk.)
April 22, 2003
Page 122
The following individuals addressed the Board with varying points of view
regarding this item: Owen Lang of Sasaki Associates; Bill Griffiths representing Stamp
Diego; Joseph Muglia; David Larson; Steve Willard; Rick Carlson; Joe Bonin of ECP
Commercial; Gary Smith representing San Diego Residents Group; Bruce Coons,
representing the Save Our Heritage Organisation; Jerry Bishop; Richard Ledford,
representing Civitas; Perry Dealy, representing Manchester; Brett Schaffter; Joyce
Summer, representing Centre City Advisory Committee; Tom Anglewicz, representing
Downtown San Diego Partnership; Jack Illes; Welton Jones; Vonn Marie May; David
Swarens; Diane Barlow Coombs, representing Citizens Coordinate for Century 3;
Maggie Valentine; Bonnie Prager; and Ron Miriello.
on a variety of issues relating to the two proposals. Commissioner Cushman requested
and received clarification from Ms. Coniglio and representatives from GMS regarding
their proposals with respect to the proposed minimum annual rents and any
contribution towards the cost of hazardous materials clean up. Commissioner Cushman
requested and received clarification from Mr. Gerrity regarding which portions of Sea
Port Village he plans to demolish under the GMS proposal. In response to an inquiry
from Commissioner Cushman, Mr. Gerrity provided additional information regarding the
status of their negotiations with the San Diego Police Historical Association concerning
the Old Police Headquarters (OPH). Commissioner Cushman expressed his concern
with the current walking surface in Sea Port Village. Commissioner Cushman requested
and received clarification from Ralph Hicks, Director, Land Use Planning, regarding how
each proposal addresses the necessary Central Park provisions.
Commissioner Bixler requested and received clarification from Mr. Gerrity
regarding the height of their proposed garage. In response to an inquiry from
Commissioner Bixler, Mr. Manfredi provided additional information regarding GMS’s
proposed architectural theme. Commissioner Bixler requested and received clarification
from Mr. Gerrity regarding the location of the bus turnaround in their proposal.
Commissioner Spane requested and received clarification from representatives of Ripley
regarding their proposed aquarium. In response to an inquiry from Commissioner
Spane, both proposers provided additional information on the number of parking spaces
included in their proposals. Commissioner Spane requested that staff prepare a more
detailed comparison of the two proposals.
Commissioner Compton requested and received clarification from Mr. Hicks and
both proposers regarding their efforts to maintain the historical designation of the OPH.
In response to an inquiry from Commissioner Rios, both proposers stated they would be
April 22, 2003
Page 123
willing to modify their proposals if necessary. Commissioner Cushman requested and
received clarification from representatives of Ripley regarding their proposed land
coverage and the size of the aquarium. Commissioner Cushman expressed his concern
regarding adequate parking for their proposed attractions.
In response to
Commissioner Cushman’s concern, Mr. Hicks stated that each proposal may require
additional environmental review. Chairman Van Deventer stressed the importance of
including a park corridor in the proposals. Ms. Coniglio stated that staff would provide
a more detailed comparison of the two proposals to the Board. Both proposers
requested an opportunity to review the analysis prepared by staff. Ms. Coniglio
provided additional information regarding the net worth of GMS. Chairman Van
Deventer stated that this item is scheduled for the May 6, 2003 Board meeting.
ORDINANCE ESTABLISHING PARKING RATES FOR LANE FIELD PARKING LOT
AND B STREET PIER PARKING FACILITY
Board and presented staff recommendations. (A copy of the staff report and
Chairman Van Deventer opened the Public Hearing. No one requested to speak,
and on motion of Commissioner Bixler, seconded by Commissioner Cushman, the Board
closed the Public Hearing by the following vote: Yeas-Bixler, Compton, Cushman, Rios,
Spane, Van Deventer; Nays-None; Excused-Davis; Absent-None; Abstained-None.
Commissioner Bixler stated his concern regarding the increase of the parking
rates being too small and the proposed gradual adjustment of the increase.
On motion of Commissioner Bixler to implement the full rates in 60 days and
have staff review the rates in another six months, seconded by Commissioner Cushman,
the Board voted adopted ORDINANCE 2247 establishing the rates for the Lane Field
Parking Lot, located on the northwest corner of Pacific Highway and Broadway, in the
City of San Diego, as more particularly outlined in Ordinance 2247, allowing the rates
established pursuant to this Ordinance to be used for a new or extended Operating
Agreement for said Lane Field Parking Lot; and establishing the rates for the B Street
Pier Parking Facility in the City of San Diego, as more particularly outlined in Ordinance
April 22, 2003
Page 124
2247, allowing the rates established pursuant to this Ordinance for a new or extended
Operating Agreement for said B Street Pier Parking Facility; this Ordinance and the
rates therein shall take effect on the 31st day from its passage by the Board of Port
Commissioners or June 22, 2003, whichever date is later, and said rates shall be
posted; further repealing Ordinance 2159 entitled “An Ordinance Establishing Parking
Rates for Lane Field Parking Lot” and Ordinance 2160 entitled “An Ordinance
Establishing Parking Rates for B Street Pier” upon said rates becoming effective, by the
following vote: Yeas-Bixler, Compton, Cushman, Rios, Spane, Van Deventer; NaysNone; Excused-Davis; Absent-None; Abstained-None.
ACTION AGENDA
BRIEFING ON LEGISLATION OF INTEREST TO THE PORT OF SAN DIEGO AND
PROVIDE POLICY DIRECTION TO STAFF TO FORWARD THE BOARD’S
POSITION TO THE LEGISLATURE AND EXECUTIVE BRANCHES OF THE STATE
GOVERNMENT – SENATE BILL 68
regarding Senate Bill 68 (SB 68) that creates the San Diego Bay Advisory Committee for
Ecological Assessment and discussed the issues raised by the Board at a previous Board
meeting, including the designation of the co-chairman of the committee, the
implementation costs of the committee, and staff costs relating the committee. (A copy
of the staff report is on file in the Office of the District Clerk.) Mr. Wilkens stated
previous reports would be utilized to compile the committee’s report on the health of
San Diego Bay. Mr. Wilkens requested the Board authorize staff to work with the
author of SB 68 in support of the proposed legislation.
Dick Cloward, representing San Diego Port Tenants Association, addressed the
Board and stated his support for this legislation. Commissioner Cushman stated his
concern for the committee compiling its report without making use of previous reports.
Board, by a unanimous vote, concurred with staff recommendations as outlined in the
staff report and directed staff to proceed with their work in support of the proposed
legislation.
April 22, 2003
Page 125
ADOPTION OF SMALL BUSINESS ENTERPRISE PLAN
Agenda Item 16. Commissioner Cushman commended Equal Opportunity
Management staff for their work on this item.
Board adopted RESOLUTION 2003-79 approving the conversion of its Disadvantaged
Business Enterprise Plan into Small Business Enterprise Plan and adopting the San
Diego Unified Port District Small Business Enterprise Plan, on file in the office of the
District Clerk as Document No. 45953, by the following vote: Yeas-Bixler, Compton,
Cushman, Rios, Spane, Van Deventer; Nays-None; Excused-Davis; Absent-None;
Abstained-None.
AUTHORIZATION TO ENTER INTO AGREEMENT WITH REMEDIAL
CONSTRUCTION SERVICES, INC.
Agenda Item 17. David Merk, Director, Recreation & Environmental Services,
introduced Paul Brown, Project Analyst, who addressed the Board and presented staff
Board adopted RESOLUTION 2003-80 authorizing an Agreement with Remedial
Construction Services, Inc. for the Remediation of the East Parking Lot and Vicinity,
Former Campbell Shipyard, San Diego, for a period of time commencing within seven
(7) days of the issuance of the Notice to Proceed or on the date specified within the
Notice to Proceed in accordance with the terms, covenants and conditions contained in
said Agreement, subject to earlier termination, for a total maximum amount not to
exceed $7,077,700.00; said Agreement is on file in the office of the District Clerk as
Document No. 45954, by the following vote: Yeas-Bixler, Compton, Cushman, Rios,
AUTHORIZATION TO ENTER INTO AGREEMENT WITH CARRIER JOHNSON
Agenda Item 18. Ralph Hicks, Director, Land Use Planning, addressed the Board
and presented staff recommendations. (A copy of the staff report is on file in the Office
April 22, 2003
Page 126
of the District Clerk.) Mr. Hicks stated that staff reached an agreement with Carrier
Johnson regarding the indemnification language of the agreement.
Ed Kravitz, representing the San Diego Railway Partners, addressed the Board
with a briefing on possible litigation regarding this item. Gordon Carrier, representing
Carrier Johnson, addressed the Board and stated his appreciation for the opportunity to
work with staff on this project.
On motion of Commissioner Compton, seconded by Commissioner Cushman, the
Board adopted RESOLUTION 2003-81 authorizing an Agreement with Carrier Johnson, a
California corporation, to provide Professional Urban Waterfront Planning and Design
Consulting Services for the Chula Vista Bayfront Master Plan Study for a period of time
commencing on the date of execution of said Agreement and terminating on May 5,
2004, subject to earlier termination, for a total fee not to exceed $850,000.00, said
funds to be disbursed in accordance with the terms, covenants and conditions
contained in said Agreement, on file in the office of the District Clerk as Document No.
45955, further accepting and agreeing to the modified indemnification language
included in said Agreement, in particular the language contained in Paragraph 9.a.,
entitled Indemnification and Hold Harmless Agreement, and Paragraph 9.b., entitled
Indemnification for Professional Services, by the following vote: Yeas-Bixler, Compton,
Abstained-None.
MONTHLY NOTIFICATION OF CHANGE ORDERS PURSUANT TO BPC POLICY
110
a. Change Order No. 1 for no amount to Contract No. 99-60 with Famania
Construction, Inc. for Roof Maintenance and Emergency Repairs; Various Port
Buildings.
b. Change Order Nos. 9 for $135,259.00; 10 for $186,058.56; and 11 for
$46,200.00 to Contract No. 2000-03 with General Construction Company for
National City Marine Wharf Extension.
c. Change Order No. 12 for $11,270.00 and 7 calendars days to Contract No. 200201 with Accessible Boat Docks, San Diego Bay for Bellingham Marine Industries,
Inc.
April 22, 2003
Page 127
d. Change Order No. 11 for 60 calendar days to Contract No. 2002-13 with R.E.
Staite Engineering, Inc. for Maintenance Dredging, Berths 10-1 and 10-2, TAMT.
e. Change Order Nos. 17 for $1,323.00 and 14 calendars; 18 for $20,613.00 and 8
calendar days; and 19 for $2,850.00 and 3 calendar days to Contract No. 200218 with Randall Construction for Head House #2 Office Improvements.
f. Change Order No. 7 for $81,897.00 to Contract No. 2002-19 with C.E. Wylie
Construction Company for General Services Facility.
g. Change Order No. 9 for $18,859.55 and 9 calendar days to Contract No. 2002-21
with Douglas E. Barnhart, Inc. for Cruise Ship Terminal Security and Interior
Improvements.
h. Change Order Nos. 4 for $426.00 and 5 for $1,128.00 to Contract No. 2002-25
with General Air Conditioning, Inc. to Upgrade HVAC System Harbor Police
Administration Building.
i. Change Order No. 2 for $5,323.74 to Contract No. 2002-28 with HMS
Construction, Inc. for Intersection Improvements on North Harbor Drive at
Rental Car Road.
j. Change Order No. 1 for $1,292.00 to Contract No. 2002-47 with South Bay
Fence, Inc. for B.F. Goodrich South Campus Fence.
Agenda Item 20. Bruce Hollingsworth, Executive Director, stated that he will
have Shirley Grothen, Director, Equal Opportunity Management (EOM), at the next
Board meeting, address the concerns raised at the last Board meeting regarding the
EOM programs.
April 22, 2003
Page 128
&’.
Vi -
ir, Boar of Port Commissioners
San Diego. Unified Port District
AlTEST:
Clerk of the San Di&o Unified Port District
May 6, 2003
Page 129
MINUTES
9:06 a.m. Tuesday, May 6, 2003, in the Board Room at 3165 Pacific Highway, San
Diego, California.
ROLL CALL
Agenda Item 1.
Present:
COMMISSIONERS Bixler, Compton, Cushman, Davis, Rios, Spane, Van
Deventer; OFFICERS Hollingsworth, Darbeau, Bennett, McEntee and
Heinrichs.
Absent:
None.
Excused:
None.
Chairman Van Deventer introduced the new Port Attorney, Duane Bennett.
Agenda Item 2. Captain Bill Bartsch, representing the San Diego Bay Pilots
Association, addressed the Board and urged the District to continue to support the
Maritime Division.
May 6, 2003
Page 130
WORKSHOP
STAFF PRESENTATION OF DRAFT 2003-04 PRELIMINARY BUDGET
Agenda Item 3. Bruce Hollingsworth, Executive Director; Jeff McEntee, Senior
Director, Business & Financial Services/Treasurer; and Bob Graves, Budget
Administrator, addressed the Board and provided an overview and analysis of the draft
2003-04 Preliminary Budget. (A copy of the presentation is on file in the Office of the
District Clerk.) Mr. Hollingsworth commended the budget team for their work on
preparing the budget. Staff discussed the role of the District, budget timeline, budget
development process, revenue and expense highlights and staffing.
Formal adoption of the Preliminary Budget and the beginning of the public
review period is scheduled for the May 20, 2003, regular Board meeting. The public
hearing and adoption of the final budget is anticipated for the July 1, 2003, regular
Board meeting.
on a variety of general budget issues. Commissioner Cushman requested and received
clarification from Mr. McEntee regarding District staffing trends. In response to an
inquiry from Commissioner Cushman, Mr. Hollingsworth and Ellen Corey Born, Assistant
Port Attorney, provided additional clarification on the impact of losing the airport on the
staffing needs for the Port Attorney’s office. Commissioner Cushman requested and
received clarification from Rita Vandergaw, Senior Director, Marketing &
Communications, regarding the impact of losing the airport on the staffing needs for the
Marketing & Communications Division (MARCOM). Ms. Vandergaw provided information
regarding the outside consultants that assist MARCOM in providing their services.
Commissioner Cushman suggested that staff review the use of outside consultants.
Commissioner Davis requested and received clarification from Mr. McEntee
regarding whether or not the State of California will request any money from the
District. In response to an inquiry from Commissioner Davis, Mr. Hollingsworth and Mr.
McEntee provided information concerning the District’s ability to levy taxes. Mr.
Hollingsworth stated that staff would prepare for the Board an analysis on the District’s
capability to levy and collect taxes. In response to an inquiry from Commissioner Davis,
Mr. Hollingsworth provided additional information on the District’s financial obligation
with respect to the Memorandum of Understanding (MOU) with the City of San Diego
regarding the expansion of the Convention Center. Commissioner Davis requested and
received clarification from Mr. Graves regarding projected revenues. In response to an
May 6,2003
Page 131
inquiry from Commissioner Davis, Mr. Hollingsworth provided additional information on
the distribution of projected salary increases for FY 2003-04. Commissioner Davis
suggested that staff reassess the compensation guidelines for employees in the band
system. Commissioner Davis suggested that staff revise the table outlining projected
expenses without the airport to include percentages. I n response to an inquiry from
Commissioner Davis, Ms. Vandergaw provided additional information regarding the
impact of losing the airport on the projected expenses of MARCOM. Mr. Hollingsworth
and Ms. Vandergaw discussed the importance to the District of MARCOM providing a
community outreach service. Commissioner Davis requested and received clarification
from Ms. Corey Born regarding the possibility of recovering legal costs incurred during
litigation involving a former Commissioner.
Commissioner Spane stated the need for staff to develop indicators to measure
performance of the efficiency and effectiveness of the budget. Mr. Hollingsworth stated
that Project Phoenix would create an environment that would enable staff to measure
the performance of the District. Mr. Hollingsworth stated that staff is working toward a
more programmatic budget. Commissioner Bixler requested that to ensure appropriate
funding, staff review the Memberships and Dues line item. Commissioner Bixler
requested that staff provide additional explanation for certain line items, including those
line items with large variances between FY 2004 Budget and FY 2003 Budget.
L
l
&
.
@&$man,
Board of Port Commisaoners
Sanbiego Unified Port District
ATTEST:
/I
Clerk c
Page 132
May 6,2003
MINUTES
Port District was called to order by the Clerk at 1:00 p.m. Tuesday, May 6, 2003 in the
Board Room at 3165 Pacific Highway, San Diego, California.
by the Clerk to Tuesday, May 6, 2003 at 1:OO p.m. in the Pacific Ball Room, Section A,
at the Holiday Inn on the Bay at 1355 North Harbor Drive, San Diego, California.
/
Clerk of the B&8of Port Commissioners
May 6, 2003
Page 133
MINUTES
Tuesday, May 6, 2003, in the Pacific Ball Room, Section A, at the Holiday Inn on the
Bay at 1355 North Harbor Drive, San Diego, California.
ROLL CALL
Agenda Item 1.
Present:
Deventer; OFFICERS Hollingsworth, Darbeau, Bennett and Heinrichs.
Absent:
None.
Excused:
None.
APPROVAL OF MINUTES
Agenda Item 2. The minutes submitted for the special meeting of April 22, 2003
and the regular meeting of April 22, 2003, were approved on motion of Commissioner
Bixler, seconded by Commissioner Spane.
CONSENT AGENDA
On motion of Commissioner Davis, seconded by Commissioner Rios, the Board,
with a single vote, adopted consent agenda items 4 through 11 (Ordinance 2248, and
Resolutions 2003-82 through and including 2003-88) by the following vote: Yeas-Bixler,
Compton, Cushman, Davis, Rios, Spane, Van Deventer; Nays-None; Excused-None;
Absent-None; Abstained-None, as follows:
May 6, 2003
Page 134
Agenda Item 4. RESOLUTION 2003-82 declaring the equipment listed on the
Surplus Equipment Listing, attached to Resolution 2002-82 as Exhibit A, to be surplus to
the needs of the District and shall be disposed of in accordance with the procedures
REJECTION OF CLAIM – STATE FARM INSURANCE
the District on March 24, 2003, by State Farm Insurance for damage sustained to their
insured’s vehicle when it was flooded with water on February 11, 2003, while parked
near District property located at 1400 West 28th Street in National City, was adopted as
ORDINANCE GRANTING AN EASEMENT TO THE CITY OF NATIONAL CITY AND
ACCEPTING QUITCLAIM DEED
Agenda Item 6. ORDINANCE 2248 approving and granting the Easement
between the San Diego Unified Port District and The City of National City, a municipal
corporation, for approximately 12,912 square feet of land area to construct, modify,
improve, reconstruct, relocate, repair, maintain and use facilities consisting of
underground facilities and appurtenances for the transmission and distribution of
sewage and other items normally associated with sewer facilities, together with the
Quitclaim Deed from the City of National City to the District for the existing Easement of
approximately 11,119 square feet, located at 1400 Tidelands Avenue in the City of
National City, on file in the office of the District Clerk as Document No. 46022, and
directing the execution of said Easement with the City of National City and acceptance
of said Quitclaim Deed on behalf of the District, was adopted as part of the consent
agenda.
May 6, 2003
Page 135
AMENDMENTS TO AGREEMENTS WITH FOSS ENVIRONMENTAL SERVICES
COMPANY, OCEAN BLUE ENVIRONMENTAL SERVICES, INC., PACIFIC TRANS
ENVIRONMENTAL SERVICES, INC., AND SAFETY-KLEEN (CALIFORNIA), INC.
RESOLUTION 2003-84 authorizing First Amendments to
Agenda Item 7.
Agreements with Foss Environmental Services Company, Ocean Blue Environmental
Services, Inc., Pacific Trans Environmental Services, Inc., and Safety-Kleen (California),
Inc. to provide additional Hazardous Waste Management Services, on an as-needed
basis, as determined by the District, increasing the aggregate fee from $600,000.00 to
an amount not to exceed $1,100,000.00; said First Amendments to Agreements are on
file in the office of the District Clerk as Document Nos. 46023, 46024, 46025, and
46026, was adopted as part of the consent agenda.
AUTHORIZATION TO ENTER INTO AGREEMENT WITH LOUIS THIELE
QUAINTANCE AND EUGENE LEWIS DAUB
Agenda Item 8. RESOLUTION 2003-85 authorizing, in concurrence with the
recommendation of the Public Art Committee, the design, execution, fabrication,
transportation and installation of an untitled life-size bronze sculpture of a sailor by
Artists Louis Thiele Quaintance and Eugene Lewis Daub to be placed at the southwest
corner of Harbor Drive and Tuna Lane at the G Street Mole in the City of San Diego;
further authorizing an amount not to exceed $39,500.00 to be expended for said art
work, said funds to be disbursed in accordance with the terms, covenants and
conditions contained in the Agreement for Commission of Public Art Work between the
District and Louis Thiele Quaintance and Eugene Lewis Daub, on file in the office of the
District Clerk as Document No. 46027.
AWARD OF CONTRACT 2002-50 TO BENOLD CONSTRUCTION CO., INC. FOR G
STREET SLIP REPAIRS PROJECT, SAN DIEGO
Project No. SD1923MM, G Street Slip Repairs Project, San Diego, commonly known as
District Construction Contract 2002-50; further accepting the low bid of Benold
Construction Co., Inc., in an amount not to exceed $419,596.90, based upon prices set
forth in the bid proposal for G Street Slip Repairs Project, San Diego, and authorizing
and directing the execution of Contract 2002-50 on behalf of the District with said
May 6, 2003
Page 136
Benold Construction Co., Inc. for the performance of said work, was adopted as part of
the consent agenda.
PROCLAIMING NATIONAL PUBLIC WORKS WEEK, MAY 18-24, 2003
Agenda Item 10. RESOLUTION 2003-87 adopting the Proclamation supporting
National Public Works Week, was adopted as part of the consent agenda.
AWARD OF CONTRACT 2002-54 TO ELKEN CONTRACTING, INC. FOR
REPLACEMENT OF THE DOMESTIC WATER MAIN SYSTEM, NATIONAL
DISTRIBUTION CENTER, NATIONAL CITY
Agenda Item 11. RESOLUTION 2003-88 adopting the Plans and Specifications
for Project No. NC2041GM, Replacement of the Domestic Water Main System, National
Distribution Center, National City, commonly known as District Construction Contract
2002-54; further accepting the low bid of Elken Contracting, Inc., in an amount not to
exceed $168,000.00, based upon prices set forth in the bid proposal for Replacement of
the Domestic Water Main System, National Distribution Center, National City, and
authorizing and directing the execution of Contract 2002-54 on behalf of the District
with said Elken Contracting, Inc. for the performance of said work, was adopted as part
PRESENTATION
PRESENTATION BY THE CHAIRMAN OF THE PORT’S PUBLIC ART COMMITTEE
Agenda Item 12. Catherine Sass, Director, Public Art, and Gaidi Finnie,
Chairman, Public Art Committee, addressed the Board and presented profiles of the
Public Art Committee members, and the mission, vision and goals of the Public Art
Committee. (A copy of the staff report and presentation are on file in the Office of the
District Clerk.) Commissioner Bixler requested and received clarification from Ms. Sass
regarding the Public Art Department providing assistance to the Airport Authority.
May 6, 2003
Page 137
PRESENTATION BY SAN DIEGO GAS & ELECTRIC REGARDING THEIR 20YEAR RESOURCE PLAN
introduced Bob Resley of San Diego Gas & Electric (SDG&E), who addressed the Board
regarding the SDG&E’s 20-year Resource Plan. (A copy of the staff report and
received clarification from Mr. Resley regarding SDG&E efforts to control electrical costs.
Commissioner Bixler suggested that SDG&E work together with the water utility
companies on evaluating their rebate programs to assure they are user friendly.
ACTION AGENDA
ADOPTION OF VISION AND MISSION STATEMENTS FOR THE SAN DIEGO
UNIFIED PORT DISTRICT
Agenda Item 14. Bruce Hollingsworth, Executive Director, and CJ Lucke,
Director, Corporate Services, addressed the Board and presented proposed Mission and
Vision statements for the District. (A copy of the staff report and presentation are on
On motion of Commissioner Cushman, seconded by Commissioner Compton, the
Board adopted RESOLUTION 2003-89 adopting the following Vision and Mission
Statements for use by the San Diego Unified Port District:
VISION:
MISSION:
To Foster a World Class Port through Excellence in Public Service
To Balance Regional Economic Benefits, Recreational Opportunities,
Environmental Stewardship and Public Safety While Protecting
Tidelands Trust Resources on Behalf of the Citizens of California
by the following vote: Yeas-Bixler, Compton, Cushman, Davis, Rios, Spane, Van
Deventer; Nays-None; Excused-None; Absent-None; Abstained-None.
May 6, 2003
Page 138
AUTHORIZATION TO ENTER INTO A SECURITY SERVICES AGREEMENT WITH
BURNS INTERNATIONAL SECURITY SERVICES CORPORATION
Agenda Item 15. Paul Libuda, Assistant Director, Marine Operations, addressed
the Board and presented staff recommendations regarding security services at the
Marine Terminals. (A copy of the staff report is on file in the Office of the District
Clerk.)
Commissioner discussion ensued. Commissioner Spane requested and received
clarification from Bruce Hollingsworth, Executive Director, and Mr. Libuda regarding
how this proposed agreement would be incorporated into the strategic plan for Marine
Terminal security. Commissioner Cushman requested additional justification from Mr.
Libuda regarding the criteria used in the selection process.
On motion of Commissioner Van Deventer, seconded by Commissioner Rios, the
Board adopted RESOLUTION 2003-90 authorizing a Security Services Agreement with
Burns International Security Services Corporation to provide Security Guard Services at
the Tenth Avenue Marine Terminal Main Gate and As-Needed Security Guard Services at
Other Marine Terminal Entrances and Facilities, for a period of three years commencing
June 1, 2003, and ending May 31, 2006, subject to earlier termination, for an aggregate
amount not to exceed $1,227,926.12, said funds to be expended in accordance with the
terms, covenants and conditions contained in said Security Services Agreement, on file
in the office of the District Clerk as Document No. 46028, by the following vote: YeasBixler, Compton, Davis, Rios, Van Deventer; Nays-Cushman, Spane; Excused-None;
AUTHORIZATION TO NEGOTIATE WITH THE CENTRE CITY DEVELOPMENT
CORPORATION TO DEVELOP A JOINT POWERS AUTHORITY AGREEMENT
Agenda Item 16. Karen Weymann, Assistant Director, Real Estate, addressed
the Board and presented staff recommendations regarding the proposed Joint Powers
Authority Agreement with the Centre City Development Corporation (CCDC) for the
purpose of completing the schematic design phase of the North Embarcadero Visionary
Plan. (A copy of the staff report is on file in the Office of the District Clerk.) Gary
Smith, representing the San Diego Downtown Residents Citizens, addressed the Board
and stated his support for staff’s recommendation.
May 6, 2003
Page 139
Commissioner discussion ensued. Commissioner Cushman commended staff for
moving this project forward. Commissioner Cushman stated that it is important that, as
this project moves forward with CCDC, plans are not developed to sit in a corner and
gather dust. Commissioner Cushman stated that it is improper to move forward to
finish the plans with no commitment for funding. Commissioner Cushman stated that
neither the City of San Diego nor CCDC have yet to commit any money to this project.
Commissioner Cushman listed several capital development projects that the District is
unable to complete due to lack of funding. Commissioner Cushman stated his support
for staff’s recommendation.
Commissioner Bixler requested that Chairman Van
Deventer summarize his concerns and communication with the County of San Diego
regarding the San Diego County Administration Center Waterfront Park. Commissioner
Davis stated that this project has been frustrating, however, he supports staff’s
recommendation.
On motion of Commissioner Davis, seconded by Commissioner Cushman, the
Board adopted RESOLUTION 2003-91 authorizing negotiation with the Centre City
Development Corporation for purposes of developing terms, covenants and conditions
of a Joint Powers Authority Agreement for the completion of the schematic design
phase of the North Embarcadero Visionary Plan and to develop a financing and phasing
program to implement the Project; further resolving that results of said negotiations will
be reported to the Board and a decision made at a later date regarding authorization
for the Executive Director to enter into a Joint Powers Authority Agreement with the
Centre City Development Corporation, by the following vote: Yeas-Bixler, Compton,
Cushman, Davis, Rios, Spane, Van Deventer; Nays-None; Excused-None; Absent-None;
Abstained-None.
AUTHORIZATION TO ENTER INTO JOINT EXERCISE OF POWERS AGREEMENT
AMONG THE COUNTY OF SAN DIEGO, AND THE CITIES OF CHULA VISTA,
IMPERIAL BEACH AND SAN DIEGO AND THE SAN DIEGO UNIFIED PORT
DISTRICT
introduced Richard Gilb, Senior Environmental Specialist, who addressed the Board and
presented staff recommendations regarding the development of a Watershed
Management Plan for the Otay River. (A copy of the staff report is on file in the Office
May 6, 2003
Page 140
Board adopted RESOLUTION 2003-92 authorizing and directing the Executive Director
or his authorized representative to enter into a Joint Powers Agreement by and among
the County of San Diego and the Cities of Chula Vista, Imperial Beach and San Diego,
and the San Diego Unified Port District for the Development of a Watershed
Management Plan for the Otay River, said Agreement on file in the office of the District
Clerk as Document No. 46029; subject to other terms and conditions as more
particularly described in Resolution 2003-92, by the following vote: Yeas-Bixler,
Chairman Van Deventer announced that the Board would take a short break.
Chairman Van Deventer called the meeting back to order at 2:05 p.m. Chairman
Van Deventer noted that all Commissioners were present, except Commissioner
Cushman, who was excused until such time as he returned to the dais (at 3:15 p.m.).
PROPOSALS FOR THE SOUTH EMBARCADERO BAYSIDE COMMERCIAL SITE
(OLD POLICE HEADQUARTERS AND HARBOR SEAFOOD MART)
Agenda Item 18. Bruce Hollingsworth, Executive Director; Dan Strum, Director,
Real Estate; Ralph Hicks, Director, Land Use Planning; and Randa Coniglio, Senior Asset
Manager, Real Estate, addressed the Board and presented staff recommendations
regarding the analysis of proposals for the South Embarcadero Bayside Commercial Site
(Old Police Headquarters and Harbor Seafood Mart). (A copy of the staff report and
Mr. Strum commended the team members for their hard work on this project.
Mr. Hicks provided the Board a summary of the community workshops held on May 5,
2003. Mr. Hicks described the historical facts regarding this project and the community
outreach process. Ms. Coniglio outlined the criteria used to evaluate the proposals. Ms.
Coniglio summarized the evaluation analysis for both proposals.
Mr. Strum
recommended postponing this item to the July 1, 2003, Board meeting to allow staff to
continue to work with the proposers, if the proposers wish to continue, on clarification
and refinement of the proposals and to allow additional time for public outreach.
The two proposers were allowed to address the Board and comment on their
proposals. Michael McDade and William Gerrity represented GMS Realty, LLC (GMS)
May 6, 2003
Page 141
and Jim Pattison, Michael Johnson and Wayne Donaldson represented Ripley
Entertainment, Inc. (Ripley). (Copies of the presentations are on file in the Office of
District Clerk.)
this item: Rick Ghio, representing San Diego Port Tenants Association; Judy Swink,
representing Citizens Coordinate for Century 3, read into the record a letter opposing
both proposals; Bruce Coons, representing Save Our Heritage Organization (SOHO);
Alana Coons, representing (SOHO); Christine Gaunt; Teresa Hirschfeld; Harry Zanville;
Tom Fitzgerald; Jack Illes, representing Urban Labs; Rick Carlson, representing San
Diego Police Historical Association; Steve Willard, representing the San Diego Police
Historical Association; Jeff Quinn; Gary Smith, representing the San Diego Downtown
Residents Group, presented the Board with petitions in support for the GMS proposal;
Joyce Summer, Chairman, Centre City Advisory Committee; Gordon Summer; Eric
Bravold, representing San Diego Regional Economic Development Corporation;
Henrietta Hardy, representing All People’s Missions; Benjamin Courfinkel; Barbara
Winton; David Swarens; Marti Kranzberg; Marcia Mann; and Vonn Marie May.
Van Deventer noted that all Commissioners were present, except Commissioner Davis,
who was excused until such time as he returned to the dais (at 4:35 p.m.).
Chairman Van Deventer gave representatives from each proposer an opportunity
to respond to public comment and provide any concluding comments regarding their
proposals.
Commissioner discussion ensued. Commissioner Spane suggested that each
proposer be given the opportunity to revise their proposals to include more open space
and reduce the commercial space. Commissioner Bixler discussed ways that GMS could
maximize the public access corridor including the Central Park. Commissioner Compton
stated the importance of having a public access corridor to the bay. Commissioner Rios
stated her concern of having adequate parking. Commissioner Cushman stated that
this area was not suitable for an aquarium and other locations may be more
appropriate. Commissioner Cushman stated the need to renovate the current Seaport
Village and to redevelop the entire area. Commissioner Cushman suggested reopening
the process to allow others to submit proposals. Chairman Van Deventer expressed his
concern on several design aspects of both proposals.
May 6, 2003
Page 142
Commissioner Davis discussed the Master Plan for the area. Commissioner Davis
requested and received clarification from representatives of GMS regarding their
financial statements and financial capability for completing the project. Commissioner
Davis requested and received clarification from Ms. Coniglio and GMS regarding the
ownership of GMS, as it relates to a proposed lease. In response to an inquiry from
Commissioner Davis, representatives from GMS provided additional information
regarding tax credits pertaining to the Old Police Headquarters (OPH) and proposed
tenants for their proposal. Commissioner Bixler requested and received clarification
from each proposer regarding how their proposals plan to preserve the original OPH
and any post-1939 additions. Commissioner Rios requested and received clarification
from each proposer regarding what three design changes they would make to their
proposals in response to the Board and public comments.
Commissioner Davis, representatives from GMS and Ripley provided additional
information regarding tax credits pertaining to the OPH and proposed tenants as they
pertained to their proposal. Commissioner Bixler requested and received clarification
from each proposer regarding how their respective proposals preserve the original OPH
and any post-1939 additions. Commissioner Rios requested and received clarification
from each proposer regarding what three design changes they would make to their
proposals in response to the Board and public comments.
Commissioner Davis requested and received clarification from both proposers
regarding their potential return on investment and anticipated minimum annual rents.
Both proposers discussed the impact of less commercial space on their potential
percentage rents. Commissioner Davis requested and received clarification from both
proposers regarding the design aspects of their proposed parking garage.
Commissioner Davis stated that both proposals needed to continue to be refined to
incorporate more open space and consider the historical significance of the OPH and
Dead Man’s Point. Commissioner Davis stated his support for continuing this item to
the July 1, 2003, Board meeting. Commissioner Davis suggested partnering with Centre
City Development Corporation (CCDC) for the purpose of financing this project.
Commissioner Davis requested that staff consider a design competition for this project.
Chairman Van Deventer stated his preference in not partnering with CCDC.
Chairman Van Deventer stated the importance of a view corridor all the way to the
North Embarcadero, the need to incorporate more open space, that rental rates should
be consistent with current rates, and eliminating the proposed parking in front of the
OPH. Chairman Van Deventer concurred with staff recommendations. Commissioner
May 6, 2003
Page 143
Bixler stated the need for GMS to landscape the top of the propose parking garage.
Commissioner Bixler requested staff work with the cruise ship consultant in evaluating
the two proposals. Commissioner Cushman reiterated his request that GMS provide a
master plan for the 28 acres.
Mr. McDade requested and received clarification from the Board and staff
regarding expectations of refining their proposals and when the Board would review the
proposals. Chairman Van Deventer, Mr. Hollingsworth and Mr. Hicks summarized the
Board’s direction to the proposers: the proposals should have more emphasis on open
space, reduce the density to 25%, utilize rental rates consistent with current rates,
incorporate the historical significance of the site and establish view a corridor. Mr.
McDade requested and received clarification from Commissioner Davis regarding his
comment about soliciting a design competition for the site. Commissioner Spane
stressed the importance of incorporating the historical significance of Dead Man’s Point
into the proposals. Commissioner Cushman requested and received feedback from the
other Commissioners regarding the appropriateness of an aquarium on this site. The
consensus of the Board was that this site was not appropriate for an aquarium. George
Millay and representatives of Ripley expressed their frustration with the Board’s
comments. Representatives of Ripley requested and received clarification from the
Board regarding their vision for this site. Representatives of GMS requested and
received clarification from Commissioner Davis regarding participation from CCDC.
Mr. Hollingsworth outlined the elements of a possible motion regarding this item.
Among the elements included were that each proposer should let staff know whether or
not they are interested in moving forward, incorporate more open and park space,
establish view corridors along Harbor Drive, consider the historical significance of the
area, and reconsider the design of the propose parking structures.
Board adopted RESOLUTION 2003-93 outlining the Board’s direction to District staff in
their continued work with GMS Realty, LLC and Ripley Entertainment, Inc. (jointly,
Proposers) as more particularly described in Resolution 2003-93, for the proposed
Redevelopment of the South Embarcadero Bayside Commercial Site, commonly known
as the Old Police Headquarters and the Harbor Seafood Mart property, by the following
vote: Yeas-Bixler, Compton, Cushman, Davis, Rios, Spane, Van Deventer; Nays-None;
May 6,2003
Page 144
PRESIDENT'S REPORT
Aaenda Item 3. James Ward, representing Young Men United, addressed the
Board and requested that the boat, NeptunePalace, be made available to the Church of
the Open Mind to create a community center. Chairman Van Deventer requested that
staff meet with Mr. Ward and representatives from the Church of the Open Mind. Bruce
Hollingsworth, Executive Director, stated that Dan Wilkens, Executive Vice President,
would set up a meeting.
ATTEST:
/I
Clerk of the S# Diego-UnjfjedPort District
Page 145
May 20,2003
MINUTES
Port District was called to order by the Clerk at 1:00 p.m. Tuesday, May 20, 2003 in the
by the Clerk to Tuesday, May 20, 2003 at 1:00 p.m. in the Council Chambers at the City
of Imperial Beach, 825 Imperial Beach Boulevard, Imperial Beach, California.
Clerk of the Boddof Port Commissioners
San Diego Unifikf Port District
May 20, 2003
Page 146
MINUTES
Port District was called to order by Chairman Van Deventer at 1:01 p.m. Tuesday, May
20, 2003, in the Council Chambers at the City of Imperial Beach at 825 Imperial Beach
Boulevard, Imperial Beach, California.
IMPERIAL BEACH COUNCILMEMBER COMMENTS
Ron Rogers, City of Imperial Beach Council Member, addressed the Board and
thanked the District for their investment in the City of Imperial Beach. Commissioner
Bixler also acknowledged the District for their investment in the City of Imperial Beach.
Commissioner Bixler stated that the Board would discuss the District proposed funding
for the City of Imperial Beach under item 4.
ROLL CALL
Agenda Item 1.
Present:
COMMISSIONERS Bixler, Compton, Cushman, Rios, Spane, Van Deventer;
OFFICERS Hollingsworth, Bennett, McEntee and Heinrichs.
Absent:
None.
Excused:
Commissioner Davis was excused for personal reasons.
APPROVAL OF MINUTES
Agenda Item 2. The minutes submitted for the special meetings of May 6, 2003,
were approved on motion of Commissioner Spane, seconded by Commissioner Rios.
May 20, 2003
Page 147
CONSENT AGENDA
Commissioner Bixler requested that item 4 (Resolution adopting the Fiscal Year
2003-04 Preliminary Budget and setting the date for Public Hearing on the budget as
July 1, 2003) be pulled for separate discussion and vote. Chairman Van Deventer
announced that item 5 (Resolution selecting and authorizing Agreement for Professional
External Auditing Services with Margaret J. McBride functioning solely in her capacity as
a partner at KPMG) would be continued to a future Board meeting. Commissioner
Cushman requested that item 9 (Resolution Consenting to Assignment of Lease from
Ameritas Life Insurance Corp. dba Reuben E. Lee, Reuben’s) be pulled for separate
Board, with a single vote, adopted consent agenda items 6 through 8 (Resolutions
2003-95 through and including 2003-97) by the following vote: Yeas-Bixler, Compton,
SUPPLEMENT TO AGREEMENT WITH THE DEPARTMENT OF THE ARMY FOR
SAN DIEGO HARBOR, CENTRAL BAY CHANNEL DEEPENING FEASIBILITY
STUDY
Agenda Item 6. RESOLUTION 2003-95 authorizing and directing the Executive
Director or his authorized representative to enter into a Supplement to Agreement with
the Department of the Army for the San Diego Harbor, Central Bay Channel Deepening
Feasibility Study, the estimated cost of which is $1,700,000.00, with the District’s share
estimated to be $850,000.00, which share shall include both a cash contribution and in
kind services, payments shall be made in accordance with the terms, covenants and
conditions contained in said Supplement to Agreement, and in particular Article III
thereof, as amended, entitled Method of Payment, on file in the office of the District
Clerk as Document 46051, was adopted as part of the consent agenda.
May 20, 2003
Page 148
REJECTION OF CLAIM – DIXIELINE LUMBER COMPANY
District on April 14, 2003, on behalf of Dixieline Lumber Company for damages
sustained to their property located in the vicinity of the 1400 Block of West 28th Street
in the City of National City on February 11, 2003, allegedly due to backed up drains that
caused flooding, was adopted as part of the consent agenda.
AMENDMENT TO AGREEMENT WITH PC SPECIALISTS, INC., DBA
TECHNOLOGY INTEGRATION GROUP
Agenda Item 8. RESOLUTION 2003-97 authorizing a First Amendment to
Agreement with PC Specialists, Inc., a California corporation, dba Technology
Integration Group, for additional services in connection with Network Products and
Services, extending the term of said Agreement to July 13, 2004, subject to earlier
termination, in accordance with the terms, covenants and conditions contained in said
First Amendment to Agreement, on file in the office of the District Clerk as Document
No. 46052, further that no additional funds are authorized for services performed under
said Agreement, as amended, was adopted as part of the consent agenda.
ADOPTION OF PRELIMINARY BUDGET FOR FISCAL YEAR 2003-2004
and presented staff recommendations regarding adopting the FY 2003-04 Preliminary
Budget and setting the date for a Public Hearing on the budget for July 1, 2003. (A
copy of the staff report is on file in the Office of the District Clerk.) Commissioner Bixler
discussed the possible impact of budget reductions on custodial services for public
restrooms and beach grooming. Commissioner Bixler stated that, if reductions were
necessary, his preference would be to reduce funding for beach grooming, rather than
custodial services for the public restrooms. Commissioner Bixler requested and
received clarification from Mr. Hollingsworth on the amount and location of proposed
budget reductions for the maintenance services for the City of Imperial Beach. Mr.
Hollingsworth stated that he does not anticipate any reductions in the level of service
provided to the tidelands.
Ron Rogers, City of Imperial Beach Council Member, addressed the Board and
requested and received clarification from Mr. Hollingsworth regarding the District
continuing to remove from the streets the sand that is blown in from tidelands. In
response to an inquiry from Commissioner Bixler, Council Member Rogers stated his
May 20, 2003
Page 149
preference to maintain funding for beach grooming. Jim Janney, City of Imperial Beach
Council Member, addressed the Board and requested the District consider providing
assistance in sand replenishment of beaches. Catherine Ogle addressed the Board and
requested that the custodial services for the public restrooms be maintained at its
current level.
Board unanimously adopted RESOLUTION 2003-94 adopting the Preliminary Budget of
the San Diego Unified Port District for the Fiscal Year 2003-2004, a copy of which is on
file in the office of the District Clerk as Document No. 46050 and available for inspection
by interested taxpayers and any other interested parties at 3165 Pacific Highway, San
Diego; further resolving that July 1, 2003, at the above-mentioned location shall be the
time and place the Board of Port Commissioners shall meet for the purpose of fixing the
final budget, and any taxpayer and any other interested party may appear and be heard
regarding the increase, decrease or omission of any item in the budget or the inclusion
of additional items, by the following vote: Yeas-Bixler, Compton, Cushman, Rios,
RESOLUTION SELECTING AND AUTHORIZING AGREEMENT FOR
PROFESSIONAL EXTERNAL AUDITING SERVICES WITH MARGARET J.
MCBRIDE FUNCTIONING SOLELY IN HER CAPACITY AS A PARTNER AT KPMG,
AND KPMG LLP
Agenda Item 5. Commissioner Cushman stated that this item would be
continued to the June 3, 2003, Board meeting, and he further stated he is unable to
attend that meeting. Commissioner Cushman declared a conflict of interest and chose
to speak as a private citizen on the issue. Commissioner Cushman announced that if he
was able to attend the June 3, 2003, Board meeting, he would abstain on this item
(Resolution selecting and authorizing Agreement for Professional External Auditing
Services with Margaret J. McBride functioning solely in her capacity as a partner at
KPMG, and KPMG LLP).
Commissioner Cushman left the dais and addressed the Board from the public
speaker podium as a member of the public, stating his opposition to staff’s
recommendation for selecting KPMG LLP (KPMG) to provide professional external
auditing services for the following reasons: Commissioner Cushman stated that the
cost of KPMG proposal is 88% higher than the McGladrey & Pullen, LLP (McGladrey)
proposal. Commissioner Cushman informed the Board that KPMG and Margaret J.
McBride were on probation for one year and three years, respectively, by the California
May 20, 2003
Page 150
Board of Accountancy.
Commissioner Cushman requested the Board consider
authorizing an agreement with McGladrey.
Commissioner Cushman returned to the dais.
ASSIGNMENT OF LEASE FROM AMERITAS LIFE INSURANCE CORPORATION
TO SUNROAD ASSET MANAGEMENT, INC., AND SURRENDER AND
TERMINATION OF SUBLEASE WITH FRI-ADMIN CORPORATION, HARBOR
ISLAND
Agenda Item 9. Commissioner Cushman requested that staff request a timeline
from the tenant regarding a redevelopment proposal for this property. Commissioner
Bixler stated that this item has the opportunity to incorporate dine and dock facilities
and water taxi services into the lease.
Board unanimously adopted RESOLUTION 2003-98 consenting to the Assignment and
Assumption of Lease, on file in the office of the District Clerk as Document No. 46053,
for premises located on Harbor Island Drive in the City of San Diego, from Ameritas Life
Insurance Corporation (formerly Bankers Life Insurance Company of Nebraska), a
Nebraska corporation, to Sunroad Asset Management, Inc., a California corporation,
covering a lease dated March 7, 1968, as amended, subject to express conditions more
particularly outlined in Resolution 2003-98; further consenting to the surrender and
termination of the Sublease between Sunroad Asset Management, Inc. and FRI-Admin
Corporation, in accordance with the Agreement for Surrender and Termination of
Sublease, on file in the office of the District Clerk as Document No. 46054; further
consenting to Sunroad Asset Management, Inc. continuing to sublease the entire leased
premises to Noble Restaurant Group, Inc. in accordance with the terms, covenants and
conditions contained in said Agreement for Surrender and Termination of Sublease and
all of the terms, covenants and conditions contained in said Resolution 97-80 (consent
to the sub-sublease to Noble Restaurant Group, Inc.) shall continue in full force and
effect, by the following vote: Yeas-Bixler, Compton, Cushman, Rios, Spane, Van
Deventer; Nays-None; Excused-Davis; Absent-None; Abstained-None.
May 20, 2003
Page 151
PRESENTATION
PROVIDE DIRECTION TO STAFF REGARDING THE MANAGEMENT OF
ENVIRONMENTAL MITIGATION AROUND SAN DIEGO BAY
addressed the Board and presented an overview of the management related to the
environmental mitigation around San Diego Bay. (A copy of the staff report and
presentation are on file in the Office of the District Clerk.) Mr. Merk discussed the key
facts regarding environmental mitigation, mitigation ratios, and types of environmental
mitigation. Mr. Merk stated that the District has received a request from Southwest
Marine for assistance in securing a mitigation site on District land. Given that mitigation
is very limited around the Bay, Mr. Merk requested the Board to consider the following
alternatives: retain District mitigation opportunities for use of District projects only or
consider the use of District lands and water area by the District and tenants as
mitigation for their projects. Dick Cloward, representing the Sand Diego Port Tenants
Association, addressed the Board and requested that they direct staff to meet with
interested stakeholders to design a plan addressing how mitigation should be managed.
Commissioner discussion ensued. Commissioner Van Deventer stated that
Southwest Marine’s request presented an opportunity for the District to partner with a
tenant. Commissioner Cushman concurred with Commissioner Van Deventer’s request
for staff to meet with Southwest Marine regarding their mitigation requirements.
Commissioner Spane stated that this issue should be addressed with a more expansive
approach. Commissioner Bixler suggested expanding the outreach program of this
issue to the city managers and mayors of the member cities. Commissioner Compton
stated that the District should take the necessary time to address this issue properly.
Commissioner Rios requested and received clarification from Mr. Merk regarding the
mitigation ratio for Southwest Marine.
Bruce Hollingsworth, Executive Director, requested that the Board discuss and
provide direction regarding the value of the land involved in mitigation. Commissioner
Spane reiterated the importance of developing a plan on how mitigation should be
managed, and that the Southwest Marine mitigation should be an exception to that
plan. Commissioner Spane requested and received clarification from Mr. Merk on the
location of the mitigation property for Southwest Marine. In response to an inquiry
from Commissioner Bixler, Mr. Merk provided additional information regarding
mitigation property relating to the San Diego International Airport.
Mr. Merk
summarized the direction received from the Board as follows: enter into discussions
May 20, 2003
Page 152
with Southwest Marine regarding their mitigation requirements and begin working with
stakeholders to develop a plan for managing mitigation around San Diego Bay.
Commissioner Bixler requested that staff send letters to the city managers and mayors
of the member cities and the yacht clubs inviting them to participate in the planning
process. Mr. Merk discussed the impact of District capital improvement projects on the
land currently available to District as mitigation land. Commissioner Spane requested
that staff provide an analysis of not approving Southwest Marine’s request.
Commissioner Bixler stated that the District should be more proactive with regard to
other sources polluting the Bay.
PUBLIC HEARING/ACTION AGENDA
SAN DIEGO BAY CENTRAL CHANNEL DEEPENING PROJECT
Tony Heinrichs, Senior Director, Facilities/Chief Engineer; Raul Varela, Project
Manager; Melissa Mailander, Environmental Review Coordinator; Bill Chopyk, Manager,
Planning Services; and Patti Phillips, Asset Manager, Real Estate, addressed the Board
and presented staff recommendations regarding the San Diego Bay Central Channel
Deepening Project. (A copy of the staff report and presentation are on file in the Office
Chairman Van Deventer opened the public hearing. No one requested to speak,
and on motion of Commissioner Bixler, seconded by Commissioner Compton, the Board
closed the Public Hearing by the following vote: Yeas-Bixler, Compton, Cushman, Rios,
clarification from Ms. Phillips regarding the quitclaim deed from the San Diego Gas &
Electric Company (SDG&E) to the District. Commissioner Spane requested and received
clarification from Ms. Phillips regarding the impact of this project on the Old Police
Headquarters and whether proper notifications have been sent to City of Coronado and
the Navy. Commissioner Spane requested and received clarification from James Carr,
representing SDG&E, regarding the impact of this project on 1st and Orange Streets in
Coronado. In response to an inquiry from Commissioner Compton, Mr. Carr provided
additional information regarding the impact of this project on the Ferry Landing
Marketplace parking lot.
May 20, 2003
Page 153
SAN DIEGO BAY HARBOR DEEPENING (CENTRAL NAVIGATION CHANNEL):
CERTIFICATION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT/FINAL
ENVIRONMENTAL: IMPACT REPORT, ADOPTION OF FINDINGS OF FACT AND
STATEMENT
OF
OVERRIDING
CONSIDERATIONS;
ADOPTION
OF
MITIGATION MONITORING AND REPORTING PROGRAM
Agenda Item 11a.
Commissioner Bixler, the Board unanimously adopted RESOLUTION 2003-99 regarding
San Diego Bay Harbor Deepening (Central Navigation Channel): Certification of Draft
Environmental Impact Statement/Final Environmental Impact Report (UPD # 83356EIR-395; SCH # 1998041036); Adoption of Findings of Fact and Statement of
Overriding Considerations; Adoption of Mitigation Monitoring and Reporting Program,
finding the facts recited in Resolution 2003-99 are true, and further, that the Board has
jurisdiction to consider, approve, and adopt the subject of said Resolution; subject to
certain express conditions as more specifically delineated in Resolution 2003-99, and
Exhibits A and B (on file in the Office of the District Clerk), by the following vote: YeasBixler, Compton, Cushman, Rios, Spane, Van Deventer; Nays-None; Excused-Davis;
COASTAL DEVELOPMENT PERMIT – SAN DIEGO BAY CENTRAL CHANNEL
DEEPENING, DISPOSAL NEAR-SHORE IN IMPERIAL BEACH, AND
RELOCATION OF A 69KV SDG&E LINE
On motion of Commissioner Spane, seconded by
Agenda Item 11b.
Commissioner Compton, the Board unanimously adopted RESOLUTION 2003-100
finding the facts involved in the Project as more particularly outlined in Resolution
2003-100, and finding the proposed use for the Project entitled “San Diego Bay Central
Channel Deepening, Disposal Near-Shore in Imperial Beach, and Relocation of a 69 kV
SDG&E Line”, located in the sea (San Diego Bay) and more particularly outlined in
Resolution 2003-100, to be consistent with the use and development concept for the
Centre City Embarcadero area, and as such, is a Non-Appealable Development
conforming to the certified District Master Plan; finding said Project to be consistent
with Public Resources Code Sections 30604(c) and 30210-30224, and the Coastal Act
public access and recreation policies referenced therein since the proposed Project will
have no impact on public access, public recreation, public facilities or related issues;
and, accordingly, authorizing and directing the issuance of a Coastal Development
Permit for said Project; said Coastal Development Permit shall require compliance with
any Special Provisions incorporated therein, and in particular the conditions listed under
May 20, 2003
Page 154
the Special Provision Section, by the following vote: Yeas-Bixler, Compton, Cushman,
Rios, Spane, Van Deventer; Nays-None; Excused-Davis; Absent-None; Abstained-None.
ORDINANCE GRANTING AN EASEMENT TO SAN DIEGO GAS & ELECTRIC
COMPANY AND ACCEPTING QUITCLAIM DEED
Agenda Item 11c. Commissioner Bixler clarified that the quitclaim deed is from
SDG&E to the District.
Board unanimously adopted ORDINANCE 2249 approving and granting the Easement
between the San Diego Unified Port District, a public corporation, and San Diego Gas &
Electric Company, a California corporation, to place, construct, modify, improve,
reconstruct, relocate, repair, inspect, maintain and use underground facilities and
appurtenances for a 69kV electric transmission circuit between San Diego and Coronado
and related public utility purposes and necessary aboveground facilities, together with
the Quitclaim Deed from the San Diego Gas & Electric Company to the San Diego
Unified Port District for an existing 1968 Easement of a 69kV electric power circuit to
the City of Coronado (District Document No. 3572), on file in the office of the District
Clerk as Document No. 46055; further directing the execution of said Easement with
the San Diego Gas & Electric Company, the acceptance of said Quitclaim Deed and the
execution of the necessary Certificate of Acceptance on behalf of the District, by the
following vote: Yeas-Bixler, Compton, Cushman, Rios, Spane, Van Deventer; NaysNone; Excused-Davis; Absent-None; Abstained-None.
Chairman Van Deventer announced that item 12 (Resolution adopting plans and
specifications and awarding Contract No. 2003-10 to Earth Tech Environment &
Infrastructure, Inc., for the Port of San Diego Port-Wide and National City Marine
Terminal Security Enhancement Projects, in an amount not to exceed $2,414,606.00, in
accordance with Base Bid Schedule A and Additive Alternate Bid Schedule B, or
Resolution Rejecting All Bids and Authorizing Readvertising) would be continued to a
future Board meeting.
NOTIFICATION OF SETTLEMENT: LOPEZ VS. SAN DIEGO UNIFIED PORT
DISTRICT
Agenda Item 13. Ellen Corey Born, Assistant Port Attorney, stated that the
above listed matter is for public notice and no action is required.
May 20, 2003
Page 155
OFFICER’S REPORT
a. Change Order Nos. 8 for $38,971.37; 10 for $633.24 to RFP with Douglas E.
Barnhart, Inc. for Fixed Passenger Access Balcony at B-Street Cruise Ship
Terminal.
b. Change Order No. 1 for 60 Calendar Days to Contract No. 99-60 with Famanla
Construction, Inc. for Roof Maintenance and Emergency Repairs; Various Port
Buildings.
c. Change Order No. 12 for $36,348.35 to Contract 2000-03 with General
Construction Company for National City Marine Terminal Wharf Extension.
d. Change Order Nos. 8 for $44,247.00; 9 for $33,407.00 and 5 Calendar Days to
Contract No. 2002-19 with C.E Wylie Construction Company for General Services
Facility; National City, California.
e. Change Order No. 6 for $298.00 to Contract No. 2002-25 with General Air
Conditioning, Inc. for Upgrade HVAC System Harbor Police Administration
Building.
f. Change Order No. 1 for $1,292.00 to Contract No. 2002-47 with South Bay
Fence, Inc. for B.F. Goodrich South Campus Fence.
g. Change Order No. 1 for no amount to Contract No. 2002-53 with Elken
Contracting Company for Imperial Beach Pier Utilities Improvements.
Agenda Item 16. Chairman Van Deventer stated his appreciation to the City of
Imperial Beach for having the Board meeting here today.
Page 156
May 20, 2003
"CLOSED SESSION
session agenda for discussion, whereupon he announced the Board would go into
closed session. Duane Bennett, Port Attorney, announced the closed session item for
today's agenda, as follows:
Agenda Item 17
Government Code Section 54956.8
Property: Marina Park Way at Convention Way, San Diego
Negotiating Parties: Ray Carpenter and Arthur Engel,
Fifth Avenue Landing, a California General Partnership
M. Christine Anderson, SDUPD
Under Negotiation: Price and Terms
There was no formal action to report from the Closed Session, whereupon
=hair,
Board of Port Commissioners
ATTEST:
lP
Clerk of the San Die o nified Port District
CLERK'S NOTE: Revision of the Mav 20, 2003 special offsite meeting minutes to reflect that a Closed
Session was held.
I
'
June 3, 2003
Page 157
MINUTES
Tuesday, June 3, 2003, in the Board Room at 3165 Pacific Highway, San Diego,
California.
ROLL CALL
Agenda Item 1.
Present:
COMMISSIONERS Bixler, Davis, Rios, Spane, Van Deventer; OFFICERS
Hollingsworth, Bennett, Darbeau, Heinrichs and McEntee.
Absent:
None.
Excused:
Commissioners Compton and Cushman were excused for personal
reasons.
APPROVAL OF MINUTES
Agenda Item 2. The minutes submitted for the special meeting of May 20, 2003,
were approved on motion of Commissioner Bixler, seconded by Commissioner Spane.
CONSENT AGENDA
through and including 2003-104) by the following vote: Yeas-Bixler, Davis, Rios,
June 3, 2003
Page 158
Spane, Van Deventer; Nays-None; Excused-Compton, Cushman; Absent-None;
AMENDMENTS TO AGREEMENTS WITH P&D CONSULTANTS, INC. AND
MOONEY & ASSOCIATES
Agenda Item 4. RESOLUTION 2003-101 authorizing Second Amendments to
Agreements with P&D Consultants, Inc. (formerly known as P&D Environmental, a
Delaware corporation) and Mooney & Associates, a California corporation, to provide
additional Environmental Consulting Services, on an as-needed basis, as determined by
the District, extending the term of said Agreements to December 31, 2003, in
accordance with the terms, covenants and conditions contained in said Second
Amendments to Agreements, on file in the office of the District Clerk as Document Nos.
46093 and 46094; further resolving that no increase in funds is authorized for said
Environmental Consulting Services and the aggregate expenditure shall remain at an
amount not to exceed $500,000.00, was adopted as part of the consent agenda.
RENTAL REVIEW - NIELSEN BEAUMONT MARINE, INC., SHELTER ISLAND
tenancy of Nielsen Beaumont Marine, Inc., for premises located on Shelter Island Drive
in the City of San Diego, under lease dated April 27, 1993, as assigned, for the eight (8)
year rental review period commencing April 1, 2003, and ending March 31, 2011,
subject to certain express conditions as more particularly described in Resolution 2003102, was adopted as part of the consent agenda.
REJECTION OF CLAIM – EDWARD J. HIESHETTER, JR. (DOCUMENT NO.
45913) AND TERRA V. HIESHETTER (DOCUMENT NO. 45914)
Agenda Item 6. RESOLUTION 2003-103 rejecting the two claims filed against
the District on April 23, 2003, by Edward J. Hieshetter, Jr. and Terra V. Hieshetter,
alleging that during their visit to Seaport Village on November 14, 2002, the facilities
were not accessible to Mr. Hieshetter, who uses a wheelchair, was adopted as part of
the consent agenda.
June 3, 2003
Page 159
REJECTION OF CLAIM – DANIEL O’BERRY
District on April 21, 2003, on behalf of Daniel O’Berry for the personal injuries he
allegedly sustained on October 22, 2002, when he slipped and fell on a restroom floor
at Lindbergh Field, was adopted as part of the consent agenda.
PRESENTATION
PRESENTATION BY MERCER HUMAN RESOURCES CONSULTING, INC., ON
THE RESULTS OF ITS INDEPENDENT REVIEW OF THE SAN DIEGO UNIFIED
PORT DISTRICT’S RETIREMENT PLAN
Agenda Item 7.
Jeff McEntee, Senior Director, Business & Financial
Services/Treasurer, addressed the Board and introduced Stephen McElhaney, of Mercer
Human Resources Consulting, Inc. (Mercer), who presented the results of his review of
the District’s arrangement with the San Diego City Employees’ Retirement System
(SDCERS) regarding the administration of the District’s Retirement Plan. (A copy of the
staff report and presentation are on file in the Office of the District Clerk.) Staff tasked
Mercer to determine if the under-funding by the City of San Diego (City) of their
Retirement Plan could adversely affect the District’s Plan. Mr. McElhaney discussed the
funded ratios of SDCERS and the District, the scope of his review and his methodology
for the review.
clarification from Mr. McElhaney regarding whether loans are allowed between the
SDCERS and the District’s retirement funds.
Commissioner Davis, Mr. McElhaney provided additional information regarding the asset
allocation of SDCERS Retirement Plan. In response to an inquiry from Commissioner
Spane, Bruce Hollingsworth, Executive Director, stated that the SDCERS also
administers the San Diego County Regional Airport Authority (SDCRAA) Retirement
Plan. Commissioner Bixler requested and received clarification from Mr. McElhaney and
Mr. Hollingsworth regarding whether SDCERS utilizes professional money managers.
Mr. Hollingsworth stated that the District does not have a representative on the SDCERS
Retirement Board. In response to requests from the Board, Mr. Hollingsworth stated he
would provide information on the money managers for SDCERS, and provide copies of
June 3, 2003
Page 160
SDCERS investment policy and annual report. Mr. McElhaney stated he believes that
the under-funding by the City is not affecting the District’s Retirement Plan.
Commissioner Bixler requested and received clarification from Mr. McElhaney
regarding his suggestion of allocating total system assets between plans on a market
value basis rather than in book value reserve accounts. Commissioner Davis requested
and received clarification from Mr. McElhaney regarding the impact on the District’s
Retirement Plan should the District decide to separate from the City’s Plan. In response
to an inquiry from Commissioner Davis, Mr. Hollingsworth provided additional
information on the impact on the District’s Retirement Plan should the City dissolve their
Retirement Plan. Mr. Hollingsworth provided additional information regarding other
retirement plans that are available for District participation and the potential impact of
changing to another plan.
Michael Conger, representing the Harbor Police Officers Association, addressed
the Board and suggested that District’s Retirement Plan document should provide for
District monies not to be attached, in the event the City dissolves its retirement plan.
Mr. Conger commented on the City decision to under-fund its plan for the next six
years.
Commissioner discussion continued. Commissioner Davis expressed his concern
regarding partnering with the City when the City is currently under-funding their plan.
Mr. Hollingsworth stated that staff could explore other options for the District
Retirement Plan. Commissioner Spane suggested inviting a representative from
SDCERS to respond to the issues raised at today’s meeting. Commissioner Spane also
suggested contacting the SDCRAA to participate in discussions with the City.
Commissioner Bixler requested a letter be sent to SDCERS to implement some of the
best practices suggested by Mr. McElhaney. Commissioner Rios reiterated the request
for staff to examine other alternatives for the District’s Retirement Plan. Chairman Van
Deventer suggested that this item come back to Board at a workshop.
Mr.
Hollingsworth summarized the Board’s direction as follows: begin discussions with
employee groups and employees concerning their views; establish a date for a Board
workshop and contact SDCERS requesting a presentation; begin initial contact with
Public Employees Retirement System (PERS) regarding participating in their plan; and
contact SDCRAA to see if they are interested in participating in discussions with
SDCERS.
June 3, 2003
Page 161
PALM & CARNATION AVENUES STREET END IMPROVEMENT PROJECT,
IMPERIAL BEACH
Javier Saunders, Assistant Director, Engineering; Melissa Mailander,
Environmental Review Coordinator; and Genene Lehotsky, Assistant Environmental
Planner, Land Use Planning, addressed the Board and presented staff recommendations
regarding the Palm and Carnation Avenues Street End Improvement Project. (A copy of
the staff report and presentation are on file in the Office of the District Clerk.)
Chairman Van Deventer opened the Public Hearing. The following individuals
addressed the Board with varying viewpoints; Leon Benham; Bill Fischbeck,
representing Nancy Schmidt; Todd Cardiff; representing Surfrider; Jim Janney, City of
Imperial Beach Council Member; Ron Rogers, City of Imperial Beach Council Member;
and Gregory Wade, Community Development Director, City of Imperial Beach.
No one else requested to speak and on motion of Commissioner Bixler, seconded
by Commissioner Spane, the Board closed the Public Hearing by the following vote:
Yeas-Bixler, Davis, Rios, Spane, Van Deventer; Nays-None; Excused-Compton,
Cushman; Absent-None; Abstained-None.
Bixler, Ms. Mailander provided additional information regarding the impact of this
project on surf launching. Mike Hogan, Special Counsel for District, addressed the
Board and responded to the issues raised in a letter dated June 2, 2003, from William
Fischbeck. Among the issues raised by Mr. Fischbeck include: inadequate wildlife
mitigation measures; lack of design alternatives, and he stated that the proposed
seawalls have not been adequately studied. In response to a comment from Mr.
Fischbeck, Commissioner Bixler stated that funds raised for beach mitigation for the City
of Imperial Beach are spent in City of Imperial Beach.
June 3, 2003
Page 162
PALM AND CARNATION AVENUES STREET END IMPROVEMENT PROJECT:
CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT (UPD #83356EIR-545; SCH #2002031106); ADOPTION OF FINDINGS OF FACT; AND
ADOPTION OF MITIGATION MONITORING AND REPORTING PROGRAM
Agenda Item 8a. On motion of Commissioner Bixler, seconded by Commissioner
Spane, the Board certified the Final Environmental Impact Report and adopted the
Findings of Fact for the Palm and Carnation Avenues Street End Improvement Project,
by the following vote: Yeas-Bixler, Davis, Rios, Spane, Van Deventer; Nays-None;
Excused-Compton, Cushman; Absent-None; Abstained-None.
On motion of
Commissioner Bixler, seconded by Commissioner Spane, the Board adopted the
Mitigation Monitoring and Reporting Program, and directed the Filing of the Notice of
Determination for the Palm and Carnation Avenues Street End Improvement Project, by
the following vote: Yeas-Bixler, Davis, Rios, Spane, Van Deventer; Nays-None;
Excused-Compton, Cushman; Absent-None; Abstained-None.
By the previous votes, the Board adopted RESOLUTION 2003-105 regarding
Palm and Carnation Avenues Street End Improvement Project: Certification of Final
Environmental Impact Report (UPD # 83356-EIR-545; SCH # 2002031106); Adoption of
Findings of Fact; and Adoption of Mitigation Monitoring and Reporting Program, finding
the facts recited in Resolution 2003-105 are true, and further, that the Board has
jurisdiction to consider, approve, and adopt the subject of said Resolution; subject to
certain express conditions as more specifically delineated in Resolution 2003-105, and
Exhibits A and B (on file in the Office of the District Clerk), by the following vote: YeasBixler, Davis, Rios, Spane, Van Deventer; Nays-None; Excused-Compton, Cushman;
COASTAL DEVELOPMENT PERMIT – PALM AND CARNATION AVENUES STREET
END IMPROVEMENT PROJECT, IMPERIAL BEACH
Agenda Item 8b. On motion of Commissioner Bixler, seconded by Commissioner
Spane, the Board, with a single vote, adopted RESOLUTION 2003-106 making certain
findings (as more specifically outlined in Resolution 2003-106 on file in the Office of the
District Clerk) including the proposed project which is entitled “Palm and Carnation
Avenues Street End Improvement Project, Imperial Beach, California” is consistent with
and conforms to the District Master Plan, and authorizing and directing the issuance of
a Coastal Development Permit for said Project, was adopted by the following vote:
June 3, 2003
Page 163
Yeas-Bixler, Davis, Rios, Spane, Van Deventer; Nays-None; Excused-Compton,
Cushman; Absent-None; Abstained-None.
ORDINANCE AMENDING ARTICLE 4 OF THE SAN DIEGO UNIFIED PORT
DISTRICT CODE
Agenda Item 9. Sgt. Gary Leeson, Harbor Police, addressed the Board and
Chairman Van Deventer opened the Public Hearing. Joe Yeager addressed the
Board and stated his opposition to this ordinance. Daniel Renard addressed the Board
and commented on the content of the ordinance. No one else requested to speak and
Chairman Van Deventer closed the Public Hearing.
Commissioner Bixler announced he would not take part in discussions or vote on
this item due to a conflict of interest arising from his ownership of property in proximity
to the La Playa Cove and left the dais. Commissioner Spane requested and received
clarification from Sgt. Leeson regarding the justification for this amendment.
On motion of Commissioner Davis, seconded by Commissioner Spane, the Board,
with a single vote, adopted ORDINANCE 2250 amending Article 4 of the San Diego
Unified Port District Code by adding thereto a new Section to be numbered Sec. 4.38 to
read as more particularly outlined in Ordinance 2250, by the following vote: YeasDavis, Rios, Spane, Van Deventer; Nays-None; Excused-Compton, Cushman; AbsentNone; Abstained-Bixler.
Commissioner Bixler returned to the dais ( at 3:17 p.m.).
ACTION AGENDA
APPOINTMENT OF DISTRICT AUDITOR AND AUTHORIZATION TO ENTER
INTO AGREEMENT WITH MARGARET J. MCBRIDE AND KPMG LLP
Agenda Item 10. Jeff McEntee, Senior Director, Business & Financial Services/
Treasurer, addressed the Board and presented staff recommendations regarding the
June 3, 2003
Page 164
selection and authorization of an agreement for professional external auditing services.
(A copy of the staff report is on file in the Office of the District Clerk.)
clarification from Mr. McEntee regarding the criteria used to evaluate the proposers.
Commissioner Davis commented on the value of utilizing the same auditor as the
previous year if the District issues bonds. In response to concerns raised by
Commissioner Rios, Mr. McEntee provided additional information regarding the higher
projected cost for KPMG and accountancy issues related to KPMG. Commissioner Bixler
commented on the accountancy issues related to KPMG.
Commissioner Bixler
requested and received clarification from Mr. McEntee regarding the familiarity of the
two proposers with the District’s new SAP financial management system. Commissioner
Spane expressed his concern regarding the difference in costs between the two
proposers and suggested awarding a one-year contract. Bruce Hollingsworth, Executive
Director, provided additional information on the terms of the proposed agreement.
Commissioner Van Deventer suggested that staff review the agreement after each year.
On motion of Commissioner Van Deventer, seconded by Commissioner Davis, the
Board adopted RESOLUTION 2003-107 appointing Margaret J. McBride as Auditor for
the San Diego Unified Port District; authorizing an Agreement for Annual Auditing
Services with Margaret J. McBride, functioning solely in her capacity as a partner at
KPMG LLP, and KPMG LLP for the annual audit of the District’s financial statements and
also other services as may be requested by the District; establishing the term of said
Agreement to be for three (3) years commencing June 2, 2003, and ending on June 1,
2006, subject to earlier termination, provided, however, said Agreement shall be
subject to review by District staff at the end of the first, second and third years of said
term, and the Executive Director or his authorized representative shall provide the
Board of Port Commissioners of the District with a written report thereof; resolving that
the District, at its sole discretion, has the option to extend said Agreement for two (2)
additional one (1) year periods, payment of fees and costs for any extended period
shall be made in accordance with the terms, covenants and conditions contained in said
Agreement, including without limitation an annual adjustment based on the Consumer
Price Index; further resolving that the total compensation under said Agreement shall
not exceed the sum of $326,500.00, payable as more particularly outlined in Resolution
2003-107, said payments shall be made in accordance with the terms, covenants and
Document No.46103, by the following vote: Yeas-Bixler, Davis, Rios, Spane, Van
Deventer; Nays-None; Excused-Compton, Cushman; Absent-None; Abstained-None.
June 3, 2003
Page 165
AUTHORIZATION TO ENT ER INTO AGREEMENT WITH CITY OF IMPERIAL
BEACH FOR MAINTENANCE SERVICES
Agenda Item 11. Pete Cruz, Director, General Services, addressed the Board and
presented staff recommendations concerning the agreement with the City of Imperial
Beach for maintenance services on tidelands properties. (A copy of the staff report is
on file in the Office of the District Clerk.)
Commissioner discussion ensued. Commissioner Bixler stated there would be no
reduction in the level of service provided to tidelands. Commissioner Davis requested
and received clarification from Mr. Cruz regarding the scope of agreement and how the
District is billed for services. In response to an inquiry from Commissioner Davis, Mr.
Cruz and Bruce Hollingsworth, Executive Director, provided additional information on
the cost and term of the agreement. Commissioner Davis requested and received
clarification from Mr. Hollingsworth and Sandra Perez, Assistant Director, General
Services, regarding which other member cities have maintenance agreements and the
cost of those agreements. Mr. Hollingsworth provided justification on why the District
provides maintenance services for some of the member cities and not others.
On motion of Commissioner Bixler, seconded by Commissioner Rios, the Board
adopted RESOLUTION 2003-108 authorizing an Agreement with the City of Imperial
Beach (City), a municipal corporation, in order for the City of Imperial Beach to provide
maintenance services on District property located in said City, for the three (3) year
period commencing July 1, 2003, and ending June 30, 2006, subject to earlier
termination, said services to be provided in accordance with the terms, covenants and
Document No. 46095; further resolving that the District shall pay to the City of Imperial
Beach for said services a sum not to exceed $702,216.00 for Fiscal Year 2003-04, a
sum not to exceed $730,376.00 for Fiscal Year 2004-05, and a sum not to exceed
$752,832.00 for Fiscal Year 2005-06, by the following vote: Yeas-Bixler, Davis, Rios,
Spane, Van Deventer; Nays-None; Excused-Compton, Cushman; Absent-None;
Abstained-None.
June 3, 2003
Page 166
REJECTION OF BIDS FOR PORT OF SAN DIEGO PORT -WIDE AND NATIONAL
CITY MARINE TERMINAL SECURITY ENHANCEMENT PROJECTS
addressed the Board and presented staff recommendations regarding the rejection of
all bids and authorizing readvertisement for this contract. (A copy of the staff report is
clarification from Mr. Heinrichs regarding the impact of the rejection of all bids on the
grant from the Department of Transportation, Maritime Administration (MARAD). Mr.
Heinrichs stated that staff would request MARAD to grant a time extension to ensure all
security improvements are completed within the terms of the grant agreement.
Commissioner Spane commented on the progress that Security Committee has made in
the area of maritime security improvements. In response to Commissioner Davis’
concern regarding staff’s change in their recommendation when this issue was before
the Board previously, Bruce Hollingsworth, Executive Director, stated other ports are
having similar problems and time extensions will be necessary.
On motion of Commissioner Spane, seconded by Commissioner Rios, the Board
adopted RESOLUTION 2003-109 rejecting the bids submitted for Port of San Diego
Port-Wide and National City Marine Terminal Security Enhancement Projects; further
authorizing and directing the Executive Director or his authorized representative to
publish, in accordance with law, notice calling for bids for Port of San Diego Port-Wide
and National City Marine Terminal Security Enhancement Projects in accordance with
plans and specifications, by the following vote: Yeas-Bixler, Davis, Rios, Spane, Van
Deventer; Nays-None; Excused-Compton, Cushman; Absent-None; Abstained-None.
AMENDMENTS TO AGREEMENTS WITH NINYO & MOORE GEOTECHNICAL AND
ENVIRONMENTAL SCIENCES CONSULTANTS, HALEY & ALDRICH, INC., AND
KOMEX H20 SCIENCE, INC.
Agenda Item 13. David Merk, Director, Recreational and Environmental Services,
clarification from Mr. Merk regarding the scope and cost of the amendment.
June 3, 2003
Page 167
Commissioner Bixler requested and received clarification from Mr. Merk and Bruce
Hollingsworth, Executive Director, regarding the source funding for amendment. Mr.
Merk stated that the funding for this amendment would come from projects that will not
occur this fiscal year. Commissioner Davis requested and received clarification from Jeff
McEntee, Senior Director, Business & Financial Services/Treasurer, and Mr.
Hollingsworth regarding the impact of funding of this amendment on the Capital
Development Program (CDP). In response to an inquiry from Mr. Hollingsworth, Bill
Hays, Senior Environmental Specialist, and Mr. Merk provided additional information on
the projects that will not occur this year.
adopted RESOLUTION 2003-110 authorizing First Amendments to Agreements with
Ninyo & Moore Geotechnical and Environmental Consultants, a California corporation,
Haley & Aldrich, Inc., and Komex H20 Science, Inc. to provide additional Environmental
Site Investigation Consulting Services to Support District Maintenance, Engineering,
Construction and Environmental Projects, on an as-needed basis, as determined by the
District, increasing the fee from the aggregate amount of $1,000,000.00 to the
aggregate amount of $2,000,000.00, said funds to be disbursed in accordance with the
terms, covenants and conditions contained in said First Amendments to Agreements, on
file in the office of the District Clerk as Document Nos. 46096, 46097 and 46098, by the
following vote: Yeas-Bixler, Davis, Rios, Spane, Van Deventer; Nays-None; ExcusedCompton, Cushman; Absent-None; Abstained-None.
ADDITION OF AGENDA ITEM
Duane Bennett, Port Attorney, requested that one additional item be added to
the action agenda, due to circumstances that a need to take action had arisen
subsequent to the posting of the agenda. On motion of Commissioner Davis, seconded
by Commissioner Spane, the Board, by a unanimous vote, added the following item to
the agenda:
Discussion and direction to staff for a request to waive the contractual
requirement for a bank statement showing total project budget
amount for the USS San Diego (CL-53) Memorial Donation.
June 3, 2003
Page 168
USS SAN DIEGO (CL-53) MEMORIAL
Rita Vandergaw, Senior Director, Marketing & Communications, addressed the
Board and presented staff recommendations. (A copy of the staff report is on file in the
Commissioner Spane stated his support for staff recommendation. Bruce
Hollingsworth, Executive Director, stated there is an immediate need to place this issue
on the agenda to preclude an additional two weeks of delay and costs to the project
sponsor and donors. In response to an inquiry from Commissioner Bixler, Ms.
Vandergaw stated the funding deficit for the USS San Diego Memorial is $165,167.00.
Commissioner Davis requested and received clarification from Ms. Vandergaw regarding
the impact of this request on the amount of funding from the District.
adopted RESOLUTION 2003-111 waiving that portion of the language contained in
Section 2-1 of the Agreement with USS San Diego CL 53 Memorial Association
pertaining to the Donor providing evidence to the District that all expenses for the
project are fully funded by the Donor at the inception of the project; all other terms,
covenants and conditions of said Agreement shall remain in full force and effect; further
resolving that the Donor shall acknowledge, in writing, to the District that the USS San
Diego CL 53 Memorial Association shall comply with the remaining terms, covenants
and conditions contained in said Agreement, and in particular the remaining terms
contained in said Section 2-1, Fixed Fee, by the following vote: Yeas-Bixler, Davis,
Rios, Spane, Van Deventer; Nays-None; Excused-Compton, Cushman; Absent-None;
Abstained-None.
Agenda Item 14.
Rita Vandergaw, Senior Director, Marketing &
Communications, addressed the Board and announced Operation Clean Sweep will take
place Saturday, June 7, 2003, at Pepper Park in National City. Chairman Van Deventer
stated his support for this event.
Page 169
June 3,2003
Aqenda Item 16. Chairman Van Deventer noted there were no additional items
on the open session agenda for discussion, whereupon at 1:52 p.m. he announced the
Board would go into closed session. Duane Bennett, Port Attorney, announced today's
closed session item, as follows:
CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION
Pursuant to Subdivision (c) of Government Code Section 54956.9 - One Case
After the conclusion of the closed session, the Board authorized by a 5-0 vote
(Commissioners Compton and Cushman were excused.) the filing of a Federal lawsuit
as to TDY Industries, Inc., related to environmental issues.
There was no further action taken, whereupon Chairman Van Deventer
ATTEST:
0.
C l e r k e G DiGo Unified Port District
June 17, 2003
Page 170
MINUTES
Tuesday, June 17, 2003, in the Board Room at 3165 Pacific Highway, San Diego,
California.
ROLL CALL
Agenda Item 1.
Present:
COMMISSIONERS Bixler, Compton, Davis, Rios, Spane, Van Deventer;
OFFICERS Hollingsworth, Bennett, Darbeau, Heinrichs and McEntee.
Absent:
None.
Excused:
Joe Yeager addressed the Board and proposed that a requirement to anchor in
San Diego Bay be established by identifying experienced sailors through the use of a
celestial navigation test.
APPROVAL OF MINUTES
Agenda Item 2. Commissioner Bixler requested a correction to item 5 (Rental
review – Nielsen Beaumont Marine, Inc.) on the June 3, 2003, minutes to reflect the
end of the rental review period as March 31, 2011.
approved the minutes submitted for the regular meeting of June 3, 2003, as amended,
by the following vote: Yeas-Bixler, Davis, Rios, Spane, Van Deventer; Nays-None;
Excused-Cushman; Absent-None; Abstained-Compton.
June 17, 2003
Page 171
Agenda Item 3. Laura Hunter, representing the Environmental Health Coalition
(EHC), addressed the Board and presented a letter requesting a joint planning effort of
the Chula Vista Bayfront development. (A copy of the letter is on file in the Office of
the District Clerk.) Jim Peugh, representing the San Diego Audubon Society, and Daniel
Machain, representing the IBEW Local 569, addressed the Board and stated their
support for the EHC’s letter.
CONSENT AGENDA
Commissioner Davis requested that item 6 (Resolution authorizing the annual
adoption of BPC Policy 115, Guidelines for Prudent Investments, with amendments) be
pulled for separate discussion and vote.
On motion of Commissioner Spane, seconded by Commissioner Bixler, the Board,
with a single vote, adopted consent agenda items 4 and 5 (Resolutions 2003-112 and
2003-113) by the following vote: Yeas-Bixler, Compton, Davis, Rios, Spane, Van
Deventer; Nays-None; Excused-Cushman; Absent-None; Abstained-None, as follows:
AWARD OF CONTRACT 2003-12 TO VCI TELECOM, INC. FOR INSTALLATION
OF FIRE MAIN AND UNDERGROUND ELECTRICAL IMPROVEMENTS, SOUTH
CAMPUS PROPERTY, CHULA VISTA
for Project No. CV2028GC, Installation of Fire Main and Underground Electrical
Improvements, South Campus Property, Chula Vista, commonly known as District
Construction Contract 2003-12; and accepting the low bid of VCI Telecom, Inc. in an
amount not to exceed $171,969.00, based upon prices set forth in the bid proposal for
Installation of Fire Main and Underground Electrical Improvements, South Campus
Property, Chula Vista; and authorizing and directing the execution of Contract 2003-12
on behalf of the District with said VCI Telecom, Inc. for the performance of said work,
June 17, 2003
Page 172
AMENDMENT TO AGREEMENT WITH BEARINGPOINT, INC. (FORMERLY
KNOWN AS KPMG CONSULTING, INC.)
Agenda Item 5. RESOLUTION 2003-113 authorizing a First Amendment to
Agreement with BearingPoint, Inc. (formerly known as KPMG Consulting, Inc.) for
additional consulting services in connection with the implementation of software for the
District’s Project Phoenix, increasing the maximum fee to an amount not to exceed
$4,224,845.60, said funds to be disbursed in accordance with the terms, covenants and
conditions contained in said First Amendment to Agreement, on file in the office of the
District Clerk as Document No. 46138, was adopted as part of the consent agenda.
AMENDMENT OF BPC POLICY NO. 115, GUIDELINES FOR PRUDENT
INVESTMENTS
Jeff McEntee, Senior Director, Business & Financial
Agenda Item 6.
Services/Treasurer, addressed the Board and presented staff recommendations. (A
copy of the staff report is on file in the Office of the District Clerk.) Commissioner Davis
requested and received additional information from Mr. McEntee regarding the
performance of the District’s investments and return on the investments. In response
to an inquiry from Commissioner Davis, Mr. McEntee and Janice Erickson Stillings,
Deputy Treasurer, provided additional information on the difference between the
collateral requirements under BPC Policy 115-A, Local Depository Inactive Deposit
Program and BPC 115, Guidelines for Prudent Investments. Commissioner Davis
expressed concern regarding the apparent conflict between the two policies with regard
to collateral requirements.
Bruce Hollingsworth, Executive Director, stated that
changing BPC 115 pertaining to waiving the collateral requirements is a policy decision
for the Board. At the request of Commissioner Davis, the Treasurer agreed that the
collateral requirement for BPC 115, Section 8.10 could be waived.
On motion of Commissioner Davis, seconded by Commissioners Spane, the Board
unanimously adopted RESOLUTION 2003-114 adopting Board of Port Commissioners
Policy No. 115, Guidelines for Prudent Investments, as amended, to waive the collateral
requirement for BPC Policy No. 115, Section 8.10, a copy of which is on file in the office
of the District Clerk as Document No. 46139, by the following vote: Yeas-Bixler,
Compton, Davis, Rios, Spane, Van Deventer; Nays-None; Excused-Cushman; AbsentNone; Abstained-None.
June 17, 2003
Page 173
PRESENTATION
PRESENTATION OF EXCELLENCE IN GIVING AWARD TO THE DISTRICT FROM
THE UNITED WAY OF SAN DIEGO
Agenda Item 7. Fred Baranowski, President/CEO, United Way of San Diego
County, addressed the Board and presented the United Way Campaign Excellence in
Giving Award in recognition of the District’s performance during the annual campaign.
PRESENTATION TO SCHOOL YEAR 2004 RECIPIENTS OF PORT WITH NO
BORDERS SCHOLARSHIP
Agenda Item 8. Rita Vandergaw, Senior Director, Marketing & Communications,
announced the individuals who received scholarships in the amount of $2,000. Captain
Walt Heinecke, of the University of San Diego, addressed the Board and acknowledged
the performance of one of the recipients, Brittany Catton. The scholarship recipients
were: Brittany Catton, Kyle and Ryan Joynt, and Sahar Yusufi. Commissioner Emeritus
Frank Urtasun addressed the Board and thanked the San Diego Port Tenants
Association for their continuing partnership in this program. Commissioner Emeritus
Urtasun thanked the Board for their support for the program. Commissioner Van
Deventer stated that the program received a $20,000 donation from the National
Football League.
PRESENTATION BY A. WASIL OF PROPOSED DONATION TITLED “SPIRIT OF
THE SEAS” AND DIRECT STAFF TO ANALYZE PROJECT TO DETERMINE IF
THERE IS AN APPROPRIATE SITE AND COMMUNITY SUPPORT FOR THE
BOARD TO CONSIDER
Agenda Item 9. Catherine Sass, Director, Public Art, and A. Wasil addressed the
Board and presented staff recommendations regarding the donation of a monumental
artwork and fountain, titled “Spirit of the Seas”, that would be located on District
tidelands. (A copy of the staff report and presentation are on file in the Office of the
District Clerk.) Mr. Wasil presented a video depicting an animation of the proposed
artwork.
The following individuals addressed the Board in support of this project: Sheldon
Merel, representing Congregation Beth Israel; John Hawkins, representing San Diego
Convention and Visitors Bureau; Ross Provence; Don Reeves, Project Architect; and
Edward Fike.
June 17, 2003
Page 174
Commissioner discussion ensued. Chairman Van Deventer requested Ms. Sass to
respond to a letter dated June 12, 2003, from John Gordon of the Public Art Committee
expressing Mr. Gordon’s opposition to this project. Commissioner Rios requested and
received clarification from Mr. Wasil regarding the placement of the artwork in the
water. In response to an inquiry from Commissioner Bixler, Mr. Wasil discussed the
possible design aspects of the pond. Commissioner Davis requested and received
clarification from Mr. Wasil concerning the requirements from the District regarding this
project. Mr. Wasil discussed the corporate sponsorship of the project. Commissioner
Davis requested and received clarification from Ms. Sass regarding the District and artist
rights for this project. Commissioner Spane requested and received clarification from
Ms. Wasil regarding the budget and timeline of the project. Chairman Van Deventer
expressed his concern regarding the ability to raise the funding for this project.
Chairman Van Deventer requested and received clarification from Mr. Wasil whether or
not the artwork could be scaled down. Chairman Van Deventer also expressed concern
regarding the on-going maintenance costs for the artwork. Chairman Van Deventer
requested that the Public Art Committee have an opportunity for further review.
Commissioner Compton stated this project would draw a lot of visitors to the area.
Commissioner Rios suggested selling tiles to be placed at the site as a fundraiser for the
project.
On motion of Commissioner Davis, seconded by Commissioner Compton, the
Board directed staff to analyze the project to determine if there is an appropriate Site
and Community Support for the Board to consider, by the following vote: Yeas-Bixler,
Compton, Davis, Rios, Spane, Van Deventer; Nays-None; Excused-Cushman; AbsentNone; Abstained-None.
ACTION AGENDA
AUTHORIZATION TO ENTER INTO FEE FOR SERVICE AGREEMENT WITH SAN
DIEGO WORLD TRADE CENTER
Agenda Item 10. Kevin Arner, Director, Maritime Trade Development, addressed
the Board and presented staff recommendations. (A copy of the staff report is on file in
the Office of the District Clerk.) Karen Hutchens, representing the San Diego World
Trade Center (SDWTC), addressed the Board and thanked the District for their support.
Commissioner Spane requested staff provide a report on the accomplishments of the
SDWTC based on the scope of work for the fee-for-service agreement.
June 17, 2003
Page 175
On motion of Commissioner Davis, seconded by Commissioner Spane, the Board
adopted RESOLUTION 2003-115 authorizing a Fee for Service Agreement, on behalf of
the District, with the San Diego World Trade Center, a non-profit corporation, for an
amount not to exceed $62,500.00, payment of said funds to be made in accordance
with the terms, conditions and covenants contained in said Fee for Service Agreement,
to be placed on file in the office of the District Clerk as Document No. 46140; further
that the Board of Port Commissioners hereby waives the provisions of BPC Policy 110
relating to selection of the above-named organization from a recommended list as
provided in said Policy, and that any funds authorized pursuant to this Resolution shall
not be made available for disbursement prior to the adoption of the District Budget for
Fiscal Year 2003-2004, by the following vote: Yeas-Bixler, Compton, Davis, Rios,
Spane, Van Deventer; Nays-None; Excused-Cushman; Absent-None; Abstained-None.
OFFICER’S REPORT
a. Change Order Nos. 7 for 8 Working Days; 9 for $2,052.73 to RFP with Douglas E.
Barnhart, Inc. for Fixed Passenger Access Balcony at B-Street Cruise Ship
Terminal.
b. Change Order No. 20 for $20,000.00 to Contract No. 2001-27 with Taylor Ball of
California for Refrigerated Container Facility; Tenth Avenue Marine Terminal.
c. Change Order No. 10 for a credit of $1,500.00 and 27 Calendar Days to Contract
No. 2002-06 with Bath & Kitchen Company for Restroom and Shower Facility;
Transient Vessel Dock, Shelter Island.
d. Change Order No. 11 for $18,000.00 to Contract No. 2002-19 with C.E Wylie
Construction Company for General Services Facility; National City, California.
e. Change Order Nos. 13 for $18,062.39 and 16 Calendar Days; 14 for $19,706.00
and 20 Calendar Days; 15 for $17,538.89 and 19 Calendar Days to Contract No.
2002-21 with Douglas E. Barnhart, Inc. for Cruise Ship Terminal Security &
Interior Improvements.
f. Change Order No. 1 for $12,858.00 to Contract No. 2002-35 with Whillock
Contracting, Inc. to Demolish General Services Facility; 825 Harbor Drive.
g. Change Order No. 1 for $800.00 and 4 Calendar Days to Contract No. 2003-04
with HTA Construction for Landscape Renovation Cesar E. Chavez Park.
June 17, 2003
Page 176
Agenda Item 12. Bruce Hollingsworth, Executive Director, announced that the
Summer Student Worker Program has begun. Mr. Hollingsworth thanked the San Diego
Port Tenants Association for their support of Operation Clean Sweep. Mr. Hollingsworth
stated that all the funds raised during the District United Way Campaign come directly
from employee contributions.
Chairman Van Deventer and Mr. Hollingsworth unveiled a plaque in the
boardroom showing the District’s new vision and mission statements.
Agenda Item 13. Commissioner Bixler acknowledged Rita Vandergaw, Senior
Director, Marketing & Communications, and her staff for efforts related to the new
cruise service with Royal Caribbean. Commissioner Bixler discussed the positive
economic impact of the new service on District’s tenants.
CLOSED SESSION
session agenda for discussion. Duane Bennett, Port Attorney, advised the Board that,
subsequent to the posting of the agenda, an item had come to his attention that
required immediate action, and requested that the Board vote to add an item to the
agenda, pursuant to Government Code Section 54954.2(b)(2).
unanimously voted to add the closed session item, by the following vote: Yeas-Bixler,
Compton, Davis, Rios, Spane, Van Deventer; Nays-None; Excused-Cushman; AbsentNone; Abstained-None, as follows:
CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation
Pursuant to Subdivision (b) of Government Code Section 54956.9. – One Case.
Page 177
June 17, 2003
On motion of Comrrllisioner Spane, seconded by Commissioner Bixler, the Board
voted to adjourn to closed session, by the following vote: Yeas-Bixler, Compton, Davis,
Rios, Spane, Van Deventer; Nays-None; Excused-Cushman; Absent-None; AbstainedNone.
ATTEST:
Clerk of t h p y n Diego Unified Port District
Page 178
July 1, 2003
MINUTES
Port District was called to order by the Clerk at 1:OO p.m. Tuesday, July 1, 2003 in the
by the Clerk to Tuesday, July 1, 2003 at 1:OO p.m. in the Harbor Island One Ballroom of
the Sheraton San Diego Hotel & Marina at 1380 Harbor Island Drive, San Diego,
California.
Clerk of the B o d of Port Commissioners
July 1, 2003
Page 179
MINUTES
Port District was called to order by Chairman Van Deventer at 1:02 p.m. Tuesday, July
1, 2003, in the Harbor Island One Ballroom of the Sheraton San Diego Hotel & Marina
at 1380 Harbor Island Drive, San Diego, California.
ROLL CALL
Agenda Item 1.
Present:
Deventer; OFFICERS Hollingsworth, Bennett, Darbeau, Heinrichs and
McEntee.
Absent:
None.
Excused:
None.
APPROVAL OF MINUTES
Agenda Item 2. The minutes submitted for the regular meeting of June 17,
2003, were approved on motion of Commissioner Davis, seconded by Commissioner
Compton, with Commissioner Cushman abstaining.
Agenda Item 3. Sharon Cloward, representing the San Diego Port Tenants
Association (SDPTA), addressed the Board and reported on Operation Clean Sweep,
which was held on June 7, 2003. (A copy of the presentation is on file in the Office of
the District Clerk.) Chairman Van Deventer commended SDPTA for their participation
in this event.
July 1, 2003
Page 180
CONSENT AGENDA
Chairman Van Deventer announced that item 8 (Resolution rejecting the bids of
COMP USA Government and Dexon Computer, Inc., as non-responsive, and awarding
Bid No. PD 03-01 to Govplace, Inc., the lowest responsive, responsible bidder, to
furnish items for CISCO switching upgrade) would be continued to a future Board
meeting. Commissioner Bixler requested that item 5 (Resolution Establishing Rent for
Shelter Island, Inc., dba Shelter Island's Bali Hai) and item 6 (Resolution Establishing
Rent for Shelter Island, Inc., dba Tom Ham's Lighthouse) be pulled for separate
Board, with a single vote, adopted consent agenda items 4, 7, 9 and 10 (Ordinance
2251; Resolutions 2003-116, 2003-119, 2003-120 and 2003-121) by the following vote:
Yeas-Bixler, Compton, Cushman, Davis, Rios, Spane, Van Deventer; Nays-None;
Excused-None; Absent-None; Abstained-None, as follows:
ORDINANCE AMENDING LEASE AGREEMENT BETWEEN THE DISTRICT AND
CHULA VISTA MARINA/RV PARK, LTD.
Agenda Item 4a. ORDINANCE 2251 amending the lease agreement dated
November 3, 1981, between the District and Chula Vista Marina/RV Park, Ltd., a
California limited partnership, in accordance with Agreement for Amendment of Lease,
Amendment No. 17, on file in the office of the District Clerk as Document No. 46182,
ENCUMBRANCE OF LEASE OF CHULA VISTA MARINA/RV PARK, LTD., CHULA
VISTA
Agenda Item 4b. RESOLUTION 2003-116 consenting to the encumbrance of
Chula Vista Marina’s leasehold estate (for lease dated November 3, 1981, and on file in
the Office of the District Clerk as Document No. 14244) by a Deed of Trust in favor of
Comerica Bank securing a loan in the maximum amount of $3,590,000.00, said consent
is more particularly described in Resolution 2003-116, was adopted as part of the
consent agenda.
July 1, 2003
Page 181
Agenda Item 7. RESOLUTION 2003-119 declaring the equipment listed in the
Surplus Equipment Listing, attached to Resolution 2003-119 as Exhibit A, to be surplus
to the needs of the District and shall be disposed of in accordance with the procedures
AWARD OF CONTRACT 2003-07 TO GHASSAN SAUDI, DBA GHASSAN
CONSTRUCTION COMPANY, FOR CANYON, PATH PEDESTRIAN ACCESS
IMPROVEMENTS, SAN DIEGO
for Project No. SD1918GC, Canyon Path Pedestrian Access Improvements, San Diego,
commonly known as District Construction Contract 2003-07, and finding that Ghassan
Saudi, dba Ghassan Construction Company, is the lowest responsible and reliable bidder
to perform said Contract and said Board hereby accepts the bid of Ghassan Saudi, dba
Ghassan Construction, in an amount not to exceed $345,872.00, based upon prices set
forth in the bid proposal for Canyon Path Pedestrian Access Improvements, San Diego,
and authorizing and directing the execution of Contract 2003-07 with said Ghassan
Saudi, dba Ghassan Construction Company, for the performance of said work; further
rejecting the bid of Southland Construction in that the Board finds that said bid is nonresponsive, was adopted as part of the consent agenda.
AUTHORIZATION TO WAIVE TARIFF CHARGES – NATIONAL MARINE
MANUFACTURERS ASSOCIATION
Agenda Item 10. RESOLUTION 2003-121 authorizing the Executive Director or
his authorized representative to waive the charges of $2,750.00 under the District’s
Tariff 1-G for boat trailer storage at the Tenth Avenue Marine Terminal in January 2003;
further resolving that the waiver of said Tariff charges is on a one-time basis only and
that National Marine and the San Diego Port Tenants Association shall acknowledge to
the District, in writing, the terms and conditions more particularly outlined in Resolution
SHELTER ISLAND, INC. RENTAL REVIEWS FOR SHELTER ISLAND’S BALI HAI
AND TOM HAM’S LIGHTHOUSE
Commissioner Bixler expressed concern regarding the physical condition and the
landscaping for both properties. Commissioner Bixler stated that it was his expectation
July 1, 2003
Page 182
for the tenant to maintain the property at a fair and reasonable standard. In response
to Commissioner’s Bixler concerns, Paul Fanfera, Assistant Director, Real Estate, stated
that staff would address these issues with the tenant. Commissioner Cushman
concurred with Commissioner Bixler’s comments and discussed possible uses of the
dock. Commissioner Cushman stated that now is an opportunity for the tenants to
move forward on redeveloping the property. Susie and Larry Baumann, representing
Shelter Island Inc., addressed the Board and provided additional information on their
plans to address the issues raised by Commissioner Bixler. Commissioner Bixler
requested that Ms. Baumann submit design concepts to the Board as soon as they are
available.
On motion of Commissioner Cushman, seconded by Commissioners Bixler, the
Board with a single vote, adopted RESOLUTIONS 2003-117 and 2003-118 by the
Nays-None; Excused-None; Absent-None; Abstained-None, as follows:
RENTAL REVIEW – SHELTER ISLAND, INC., DBA SHELTER ISLAND’S BALI
HAI, SHELTER ISLAND
tenancy of Shelter Island, Inc., dba Shelter Island’s Bali Hai, (Lessee) for premises
located on Shelter Island Drive in the City of San Diego, under lease dated August 8,
1990, for the five year rental review period commencing September 1, 2000, and
ending August 31, 2005, as a minimum of $85,000.00 per year from September 1,
2000, through August 31, 2002, and a minimum of $90,000.00 per year from
September 1, 2002, through August 31, 2003, and a minimum of $95,000.00 per year
from September 1, 2003, through August 31, 2005, or the cumulative total of the
percentage rents more particularly described in Resolution 2003-117, was adopted as
indicated above, "Shelter Island, Inc. Rental Reviews for Shelter Island’s Bali Hai and
Tom Ham’s Lighthouse."
RENTAL REVIEW – SHELTER ISLAND, INC., HARBOR ISLAND
tenancy of Shelter Island, Inc., (Lessee) for premises located on Harbor Island Drive in
the City of San Diego, under lease dated July 15, 1969, for the five year rental review
period commencing October 1, 2000, and ending September 30, 2005, as a minimum of
$106,000.00 per year from October 1, 2000, through September 30, 2002, and a
minimum of $108,000.00 per year from October 1, 2002, through September 30, 2003,
July 1, 2003
Page 183
and a minimum of $112,000.00 per year from October 1, 2003, through September 30,
2005, or the cumulative total of the percentage rents more particularly described in
Resolution 2003-118, was adopted as indicated above, "Shelter Island, Inc. Rental
Reviews for Shelter Island’s Bali Hai and Tom Ham’s Lighthouse."
PRESENTATION
UPDATE ON REQUEST FOR PROPOSALS PROCESS FOR REDEVELOPMENT OF
SOUTH EMBARCADERO BAYSIDE COMMERCIAL SITE (OLD POLICE
HEADQUARTERS AND HARBOR SEAFOOD MART SITES) AND REQUEST
DIRECTION TO STAFF
Agenda Item 11. Dan Strum, Director, Real Estate; Ralph Hicks, Director, Land
Use Planning; and Randa Coniglio, Senior Asset Manager, addressed the Board and
presented an update on the Request for Proposals(RFP) process for the redevelopment
of the South Embarcadero Bayside Commercial Site. (A copy of the staff report and
presentation are on file in the Office of the District Clerk.) Ms. Coniglio discussed two
alternatives for the Board to consider, including beginning a new planning effort or
implementing a design competition. William Gerrity, representing GMS Realty, LLC
(GMS), addressed the Board and stated the need for the District to establish objectives
for the development of the site.
this item: Bruce Coons, representing Save Our Heritage Organisation (SOHO); Danah
Fayman, representing Partners for Livable Places; Steve Willard, representing San Diego
Police Historical Association; Barbara Winton; Howard Blackson, representing the
Council of Design Professionals; Diane Coombs, representing Citizens Coordinate for
Century 3; David Swarens, representing SOHO; and Mike Stepner, representing Council
of Design Professionals.
Commissioner discussion ensued. Commissioner Davis expressed his concerns
related to proceeding with the development of Central Park. Commissioner Davis
stressed the importance of providing a financial model for the site. Commissioner Davis
stated his support for a design competition as an alternative and suggested the District
terminate its relationship with GMS. Commissioner Rios suggested that Spirit of Seas
artwork be incorporated into the design of the site. Commissioner Compton suggested
that, before beginning a design competition, the Board establish the role of the Old
Police Headquarters (OPH) in the development of the site.
July 1, 2003
Page 184
Commissioner Bixler stated that the District should offer GMS the right of first
refusal for the development of the site. Commissioner Bixler expressed his frustration
with the lack of information from GMS regarding their attempts to modify their
proposal. Commissioner Bixler suggested proceeding with basic development of the
Central Park to make it available for public use. Mr. Gerrity advised the Board that GMS
would be willing to withdraw from the RFP process and cooperate with the District’s
efforts to develop the site. Commissioner Spane stated the need to establish criteria
concerning the OPH and revenue estimates before commencing a design competition.
In response to the issues raised by Commissioner Bixler, Mr. Gerrity provided additional
information on GMS’s proposed modifications to their development plan. Commissioner
Cushman stated his support for holding a workshop to discuss the process and establish
design criteria and then proceeding with the design competition. Commissioner
Cushman requested that staff report to the Board as soon as possible regarding what
can be done to proceed with Central Park. Commissioner Cushman stated he
appreciated the efforts of GMS, however their attempt fell short of the expectations of
the Board. Commissioner Van Deventer discussed several issues that need to be
addressed at the workshop.
Board moved to conclude the RFP process with GMS, declare that the GMS design and
submission process has concluded, and proceed with a design competition for the South
Embarcadero Bayside Commercial Site (Old Police Headquarters and Harbor Seafood
Mart Sites), beginning with a Board workshop to establish the criteria for the design
competition; develop a temporary Central Park concept; develop a financial plan for the
site; and that the deposit of GMS will be refunded, by the following vote: Yeas-Bixler,
Chairman Van Deventer requested the Board consider what date and time the Board
workshop would be held.
Van Deventer noted that all Commissioners were present.
July 1, 2003
Page 185
ACTION AGENDA
URBAN TREE PROJECT
presented staff recommendations regarding the approval of the “Urban Tree” project.
(A copy of the staff report and presentation are on file in the Office of the District
Clerk.)
Commissioner Van Deventer requested and received clarification from Ms. Sass
regarding the security for the trees. In response to an inquiry from Commissioner
Spane, Rita Vandergaw, Senior Director, Marketing & Communications, and Ms. Sass
provided additional information regarding the funding for the project. Commissioner
Bixler suggested incorporating some of the trees in the temporary Central Park concept.
Board adopted RESOLUTION 2003-122 authorizing the Urban Tree Project to proceed,
and authorizing and directing the Executive Director or his authorized representative to
enter into Agreements with the various Artists selected to participate in said Urban Tree
project; and establishing a budget not to exceed $130,000.00 for said Urban Tree
Project; further determining the project to be Categorically Exempt pursuant to the
California Environmental Quality Act Guidelines, Section 15303, Class 3, and District
Resolution 97-191, by the following vote: Yeas-Bixler, Compton, Cushman, Davis, Rios,
Spane, Van Deventer; Nays-None; Excused-None; Absent-None; Abstained-None.
CABRILLO ISLE MARINA, L.P., HARBOR ISLAND DRIVE
Agenda Item 13. Paul Fanfera, Assistant Director, Real Estate, and Richard
Barrett, representing Cabrillo Isle Marina, addressed the Board and presented staff
recommendations regarding the redevelopment of Cabrillo Isle Marina. (A copy of the
clarification from Mr. Barrett regarding the impact of the redevelopment of this site on
stormwater runoff. In response to an inquiry from Commissioner Cushman, Mr. Fanfera
and Chris Richards, Asset Manager, Real Estate, provided additional information on the
replacement of the docks. Commissioner Cushman requested that staff provide a chart
showing a comparison of percentage rents for the marinas located in San Diego Bay.
Commissioner Cushman requested and received clarification from Mr. Fanfera regarding
July 1, 2003
Page 186
the percentage rent which will be negotiated under the new 40-year lease. In response
to an inquiry from Commissioner Bixler, Chris Anderson, Vice President, Operations,
stated that the new 40-year lease would contain periodic rent reviews. Commissioner
Bixler requested and received clarification from Ms. Anderson and Dan Strum, Director,
Real Estate, regarding the arbitration provision that will be contained in the new 40year lease. Commissioner Cushman acknowledged the tenant for their investment in
the property.
Board adopted RESOLUTION 2003-123 approving the Cabrillo Isle Marina, L.P. (Cabrillo
Isle) proposed Project to renovate its leased premises, and determining that the
proposed Project is Categorically Exempt under California Environmental Quality Act
(CEQA) Guidelines, Section 15300.4, and District Resolution 97-191, and Categorically
Excluded under District Coastal Development Permit Regulations, Section 8.a., Existing
Facilities; and resolving that the proposed Project is in conformance with the District’s
Master Plan use designation for the area, Planning District 2, Precise Plan Figure 9,
Commercial – Commercial Recreation; further authorizing the development of terms,
covenants and conditions necessary for the granting of a new 40-year lease to Cabrillo
Isle, the results of said negotiations will be reported to the Board of Port Commissioners
and a decision will be made at a later date regarding the granting of any new lease, by
the following vote: Yeas-Bixler, Compton, Cushman, Davis, Rios, Spane, Van Deventer;
DISTRICT STRATEGY AND FISCAL YEAR 2003-2004 PUBLIC ART FUNDING,
BUDGET AND CLASSIFICATION
Jeff McEntee, Senior Director, Business & Financial Services/Treasurer; Brandy
DeVelbiss, Director, Strategic Planning Services; and Rinus Baak, Senior Director,
Project Office, addressed the Board and presented staff recommendations regarding the
amendment of the COMPASS Strategic Plan, amendment of the BPC 609 Public Art
Program, and adoption of the FY 03-04 Final Budget. (A copy of the staff report and
Mr. Baak outlined the
revisions to the Capital Development Program (CDP) for Fiscal Years 2003-2007. Bruce
Hollingsworth, Executive Director, reminded the Board that the budget is a planning
tool and can be amended at any time by the Board. Mr. Hollingsworth stated that any
contract or agreement budgeted over $100,000 will come back to the Board for
approval.
July 1, 2003
Page 187
on a variety of general budget issues. Commissioner Davis requested and received
additional clarification from Mr. Baak and Mr. McEntee regarding the remaining balance
after funding the CDP. Commissioner Cushman requested and received clarification
from Mr. McEntee regarding the staff positions budgeted for FY 03/04. In response to
an inquiry from Commissioner Cushman, Duane Bennett, Port Attorney, provided
additional clarification regarding the staff budgeted for the Port Attorney’s office. Mr.
Hollingsworth provided additional information regarding staff positions budgeted for the
Marketing & Communications Division. Commissioner Cushman discussed the restraints
of the airport legislation on District staffing.
Chairman Van Deventer opened the Public Hearing. No one else requested to
speak and on motion of Commissioner Bixler, seconded by Commissioner Cushman, the
Board closed the Public Hearing by the following vote: Yeas-Bixler, Compton, Cushman,
Davis, Rios, Spane, Van Deventer; Nays-None; Excused-None; Absent-None; AbstainedNone.
Commissioner discussion continued. Commissioner Cushman requested and
received clarification from Mr. McEntee regarding mileage reimbursement budgeted for
the Board. In response to an inquiry from Commissioner Cushman, Mr. McEntee
provided additional clarification regarding budgets for contractual services.
Commissioner Cushman requested a memo providing additional explanation on
substantial budget variances on certain line items as compared to last year.
Commissioner Cushman expressed disappointment in postponing the increase in Public
Art funding and requested the Board review this matter annually. Commissioner Rios
requested and received clarification from Mr. Hollingsworth and Mr. McEntee regarding
the increase in budget amounts for retirement contributions and worker compensation
benefits. Commissioner Compton suggested that, as a monitoring process, staff report
back to the Board on status of the budget on three to six month intervals.
Commissioner Bixler reiterated the request for additional clarification on substantial
budget variances. Commissioner Davis commented on the revenue projections for the
Real Estate and Maritime Divisions. Commissioner Davis expressed some concern
regarding the budget for reimbursement of services provided to member cities and the
budget for the Marketing & Communications Division. Commissioner Spane suggested
the staff compare the District to other ports as a measurement tool for efficiency. The
Board commended staff for their work on preparing the budget.
Board with a single vote, adopted ORDINANCES 2252 and 2253, and RESOLUTIONS
July 1, 2003
Page 188
2003-124, 2003-125 and 2003-126 by the following vote: Yeas-Bixler, Compton,
ADOPTION OF AMENDED COMPASS STRATEGIC PLAN 2002-2006
RESOLUTION 2003-124 approving and adopting the
Agenda Item 14a.
COMPASS Strategic Plan 2002-2006, as amended, on file in the office of the District
Clerk as Document No. 46183, was adopted as indicated above, "District Strategy and
Fiscal Year 2003-2004 Public Art Funding, Budget and Classification.”
AMENDMENT OF BPC POLICY 609, PORT PUBLIC ART PROGRAM
RESOLUTION 2003-125 adopting Board of Port
Agenda Item 14b.
Commissioners Policy No. 609, Port Public Art Program, as amended, a copy of which is
on file in the office of the District Clerk as Document No. 46184, was adopted as
indicated above, "District Strategy and Fiscal Year 2003-2004 Public Art Funding,
Budget and Classification.”
ORDINANCE ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR 2003-2004
AND APPROPRIATING THE NECESSARY MONEY TO OPERATE THE SAN DIEGO
UNIFIED PORT DISTRICT FOR SAID FISCAL YEAR
Agenda Item 14c. ORDINANCE 2252 adopting the final budget of the District for
the Fiscal Year 2003-2004, as set forth in Document No. 46185, on file in the office of
the District Clerk, as the Annual Budget for said Fiscal Year, and more particularly
described in Ordinance 2252, was adopted as indicated above, "District Strategy and
Fiscal Year 2003-2004 Public Art Funding, Budget and Classification.”
ORDINANCE AMENDING ORDINANCE 2199 ENTITLED “AN ORDINANCE
ESTABLISHING A SCHEDULE OF COMPENSATION FOR OFFICERS AND
EMPLOYEES OF THE SAN DIEGO UNIFIED PORT DISTRICT”
Agenda Item 14d. ORDINANCE 2253 further amending Ordinance 2199 entitled
“An Ordinance Establishing a Schedule of Compensation for Officers and Employees of
the San Diego Unified Port District,” as amended, by amending Exhibit A thereto in
accordance with Exhibit A, attached thereto and by this reference made a part thereof,
(Exhibit A is on file in the Office of the District Clerk), said amendment adds Class
Titles, Class Nos., FLSA Status, Classification Status and establishes the Salary
July 1, 2003
Page 189
Bands/Ranges therefor, as more particularly outlined in Ordinance 2253, was adopted
as indicated above, "District Strategy and Fiscal Year 2003-2004 Public Art Funding,
Budget and Classification.”
AMENDMENT TO DIRECTORY OF CLASS SPECIFICATIONS
Agenda Item 14d. RESOLUTION 2003-126 further amending the Directory of
Class Specifications, as amended, on file in the office of the District Clerk as Document
No. 42558, by adding the Class Specifications as more particularly outlined in Resolution
2003-126, was adopted as indicated above, "District Strategy and Fiscal Year 20032004 Public Art Funding, Budget and Classification.”
ORDINANCE AMENDING PORT OF SAN DIEGO TARIFF 1-G
Agenda Item 15. Commissioner Cushman announced that, because he is an
automotive dealer, he would not participate in the discussion or vote on this item,
whereupon he left the dais.
Paul Libuda, Assistant Director, Marine Operations, addressed the Board and
Chairman Van Deventer opened the Public Hearing. Peter Flournoy, representing
Western Fish Boat Owner Association and United States Tuna Foundation, addressed
the Board and requested clarification from staff regarding the proposed parking charges
outlined in the tariff. Mr. Libuda provided additional information on this issue.
Commissioner Van Deventer requested and received clarification from Mr. Libuda
regarding the process for obtaining additional parking permits. Mr. Flournoy expressed
his concern regarding the impact of the proposed parking charges on the organizations
he represents. Bruce Hollingsworth, Executive Director, stated staff would meet with
Mr. Flournoy to discuss his concerns and report back to Board. Chris Anderson, Vice
President, Operations, provided additional clarification on the parking permit item
proposed in the tariff.
No one else requested to speak and on motion of Commissioner Bixler, seconded
by Commissioner Rios, the Board closed the Public Hearing by the following vote: YeasBixler, Compton, Davis, Rios, Spane, Van Deventer; Nays-None; Excused-None; AbsentNone; Abstained-Cushman.
July 1, 2003
Page 190
Commissioner discussion continued.
Commissioner Bixler, Ms. Anderson and Mr. Libuda stated that water taxis are not
included in this tariff. Commissioner Bixler discussed the possibility of including
recreational boaters in the tariff. Mr. Hollingsworth stated that the tariff mainly
addresses commercial maritime, and Board policy would need to be developed to
address recreational boaters.
adopted ORDINANCE 2254 amending Tariff No. 1-G, posted on the website for the
District at www.portofsandiego.org (Organization No. 011576 Tariff No. 1-G), and the
paper format version on file in the office of the District Clerk as Document No. 31231,
by the adoption of the revisions more particularly described in Ordinance 2254; further
authorizing and directing the posting of said revisions; 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 August 1, 2003, whichever date is later, by the following vote: YeasBixler, Compton, Davis, Rios, Spane, Van Deventer; Nays-None; Excused-None; AbsentNone; Abstained-Cushman.
Commissioner Cushman returned to the dais (at 4:30 p.m.).
Chairman Van Deventer discussed holding a workshop for the Board concerning
the redevelopment of the South Embarcadero Bayside Commercial Site on Tuesday,
July 15, 2003.
Agenda Item 16. Bruce Hollingsworth, Executive Director, announced that
Project Phoenix goes live today and acknowledged the efforts of staff on this project.
Chris Anderson, Vice President, Operations, introduced Ron Popham, the New
Senior Director of Maritime. Mr. Popham stated he sees great opportunities for
Maritime at the District.
Page 191
July 1, 2003
CLOSED SESSION
session agenda for discussion, whereupon at 4:34 p.m., he announced the Board would
go into closed session. Duane Bennett, Port Attorney, announced the closed session
item for today's agenda, as follows:
CONFERENCE WlTH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Subdivision (c) of Government Code Section 54956.9
ExxonMobil Oil Corporation, Counter-Claimant, vs. SDUPD, Redevelopment
Agency of the City of San Diego, and the City of San Diego, Counter-Defendants,
United States District Court, Southern District of California, Case No. 03CV
1053 BTM
There was no formal action to report from the Closed Session, whereupon Chairman
Van Deventer adjourned the meeting.
oard OF Port Commissioners
Port District
ATTEST:
n
Clerk of tt(@an Diego Unified Port District
July 7, 2003
Page 192
MINUTES
8:00 a.m. Monday, July 7, 2003, at the Shelter Pointe Hotel & Marina, Coronado Room,
1551 Shelter Island Drive, San Diego, California, 92106.
ROLL CALL
Agenda Item 1.
Present:
COMMISSIONERS Bixler, Cushman, Davis, Rios, Spane, Van Deventer;
OFFICERS Hollingsworth, Bennett.
Absent:
None.
Excused:
Commissioner Compton was excused until such time as he arrived.
RETREAT
Agenda Item 3. The Board discussed along with Dr. Bill Mathis, the leadership
profile of the Board. The Board also reviewed the roles of the Commissioners. The
Board received input from Bruce Hollingsworth, Executive Director. Duane Bennett,
Port Attorney, provided the Commissioners with a training session on the Brown Act,
Public Records Act and Government Code Section 1090.
Page 193
July 7, 2003
As there were no further items for discussion, Chairman Van Deventer adjourned
the special meeting.
4k
Vice-dir, Board of Port Commissioners
ATEST:
July 15, 2003
Page 194
MINUTES
9:08 a.m. Tuesday, July 15, 2003, in the Board Room at 3165 Pacific Highway, San
Diego, California.
ROLL CALL
Agenda Item 1.
Present:
COMMISSIONERS Bixler, Compton, Cushman, Davis, Rios, Van Deventer;
OFFICERS Hollingsworth, Bennett and Heinrichs.
Absent:
None.
Excused:
WORKSHOP
SOUTH EMBARCADERO BAYSIDE COMMERCIAL SITE REDEVELOPMENT
DISCUSSION REGARDING DESIGN CRITERIA
Agenda Item 3. Bruce Hollingsworth, Executive Director, provided opening
comments regarding the South Embarcadero Bayside Commercial Site Redevelopment.
Ralph Hicks, Director, Land Use Planning, and Randa Coniglio, Senior Asset Manager,
Real Estate, addressed the Board and discussed a design competition for the South
Embarcadero Bayside Commercial Site Redevelopment and related issues that need to
be resolved. (A copy of the staff report and presentation are on file in the Office of the
District Clerk.) Among the issues discussed by Mr. Hicks and Ms. Coniglio were the
development of the Central Park, the Old Police Headquarters (OPH) and possible levels
of development allowed for the site and how it relates to potential revenue.
July 15, 2003
Page 195
The following individuals addressed the Board with varying perspectives
regarding this item: Joseph Jeter, President, Cinderella Carriage Company; Martha
Taylor, representing Cinderella Carriage Company; Mike Stepner, representing the
Council of Design Professionals; Mike McDade; Bruce Coons, representing the Save Our
Heritage Organisation; Gary Smith, representing the San Diego Downtown Residents
Group; Steve Willard, representing the San Diego Police Historical Association; Brian
Church, representing Urban Labs; Jack Illes, representing Urban Labs; Christine Gaunt,
representing City Front Terrace; Deborah Szekely and Mike Madigam, representing
Museum of Immigration; Gina Champion-Cain; Judith Swink, representing Citizens
Coordinate for Century 3; and Perry Dealy, representing Manchester Resorts.
Chairman Van Deventer called the meeting back to order at 10:36 a.m. Chairman
Van Deventer noted that all Commissioners were present, except Commissioner Spane,
who was excused.
Commissioner discussion ensued. Commissioner Bixler requested the Board
discuss and determine the development density for the site. Commissioner Cushman
stated that the entire 28-acre site needed to be master planned. Commissioner
Cushman stated that the District should move forward on the Central Park.
Commissioner Rios stated that the OPH garage should be demolished. Commissioner
Rios suggested combining some of the functions of the proposed land uses.
Commissioner Davis stressed the importance of taking time to decide on the
appropriate land use for the site. Commissioner Davis stated that the District should
not be concerned about generating revenue from the site. Commissioner Compton
requested additional information on the financial arrangements between Manchester
Resorts and developing the Central Park. Chairman Van Deventer stated the need to
move forward with the development of Central Park. The Board discussed the
development of Central Park and determined to proceed with Option III, as presented
by staff.
Commissioner Bixler discussed the jail cellblocks at the OPH and suggested
removing two of the cellblocks to assist in the development of the Pier Walk. The
Board determined to proceed with the Environmental Impact Report (EIR) approved
Pier Walk. After discussion, the Board determined the development of the site should
be between low and medium development density. Chairman Van Deventer stated the
actual density of the site would be determined by the design competition. The Board
July 15, 2003
Page 196
discussed possible land uses and agreed on museum, public market and retail/
restaurant as possible uses. Chairman Van Deventer discussed a possible parking
structure next to the Hyatt Hotel. Commissioner Bixler requested and received
clarification from Mr. Hicks regarding any dialogue with Manchester Resorts assisting in
the development of a possible parking structure located near the Hyatt. Commissioner
Cushman stated he would oppose a parking structure connected to the Hyatt Hotel.
Commissioner Davis stated the need to develop the site in phases. Mr. Hollingsworth
discussed working with Navy regarding parking for the area.
I n response to an inquiry from Chairman Van Deventer, Mr. Hicks provided a
timeline for the next steps of the process to include beginning a market analysis,
updating a traffic study, and conducting a search for a design competition expert.
Commissioner Cushman reiterated the need to complete a master plan for the 28-acre
site before beginning the design competition. Commissioner Davis stated that a master
plan would be developed from the design competition. Mr. Stepner addressed the
Board and concurred with Commissioner Davis' comment. Chairman Van Deventer
requested that staff provide a summary to the Board of the parameters for the
development of the site discussed at today's meeting. Commissioner Bixler stated the
need for open green space for the site and straightening Kettner Blvd. Mr.
Hollingsworth stated that staff would provide a summary of today's workshop to the
Board and stakeholders.
There was no further action taken,
ATTEST:
July 15, 2003
Page 197
MINUTES
Tuesday, July 15, 2003, in the Board Room at 3165 Pacific Highway, San Diego,
California.
ROLL CALL
Agenda Item 1.
Present:
McEntee.
Absent:
None.
Excused:
None.
APPROVAL OF MINUTES
Agenda Item 2. The minutes submitted for the special meeting of July 1, 2003,
were approved on motion of Commissioner Davis, seconded by Commissioner
Cushman.
Agenda Item 3. Pastor Jim Ward of Mindbridges Church addressed the Board
and requested the District utilize the Neptune Palace as part of the homeland security
strategy for San Diego Bay. Bruce Hollingsworth, Executive Director, stated that Dan
Wilkens, Executive Vice President, would be in contact with Pastor Ward and report
back to the Board. Mr. Wilkens stated that staff would meet with Pastor Ward next
week.
July 15, 2003
Page 198
Troy Sears, representing Next Level Sailing, addressed the Board and introduced
his charter boat business to the District.
CONSENT AGENDA
Commissioner Bixler declared a conflict of interest as a stockholder of Cisco
stock, and therefore abstained from participation as to the vote on consent agenda item
6 (Resolution rejecting the bids of COMP USA Government and Dexon Computer, Inc.,
as non-responsive, and awarding Bid No. PD 03-01 to Govplace, Inc., the lowest
responsive, responsible bidder, to furnish items for CISCO switching upgrade).
On motion of Commissioner Spane, seconded by Commissioner Compton, the
Board, with a single vote, adopted consent agenda items 4 and 5 (Ordinance 2255 and
Resolutions 2003-127 through and including 2003-129) by the following vote: YeasBixler, Compton, Cushman, Rios, Spane, Van Deventer; Nays-None; Excused-None;
Absent-None; Abstained- Bixler abstained on number 6, as follows:
COASTAL DEVELOPMENT PERMIT – CORONADO BIKE PATH SPUR
MITIGATION
Agenda Item 4. RESOLUTION 2003-127 making certain findings (as more
specifically outlined in Resolution 2003-127 on file in the Office of the District Clerk)
including the proposed project which is entitled “Coronado Bike Path Spur Mitigation” is
consistent with and conforms to the District Master Plan, and authorizing and directing
the issuance of a Coastal Development Permit for said Project, was adopted as part of
the consent agenda.
DIXIELINE LUMBER COMPANY
Agenda Item 5a. ORDINANCE 2255 amending the lease agreement dated June
7, 1994, between the District and Dixieline Lumber Company, a Delaware corporation,
aka Dixieline Lumber Company, a California corporation, aka Dixieline Lumber Co., in
accordance with Agreement for Amendment of Lease, Amendment No. 4, on file in the
office of the District Clerk as Document No. 46229, was adopted as part of the consent
agenda.
July 15, 2003
Page 199
ASSIGNMENT AND ASSUMPTION OF LEASE FROM DIXIELINE LUMBER
COMPANY TO DLC ACQUISITION CORP., NATIONAL CITY
Agenda Item 5b. RESOLUTION 2003-128 consenting to the Assignment and
Assumption of Lease document, on file in the office of the District Clerk as Document
No. 46230, for premises located at 1400 West 28th Street in the City of National City,
from Dixieline Lumber Company, a Delaware corporation, aka Dixieline Lumber
Company, a California corporation, aka Dixieline Lumber Co., to DLC Acquisition Corp,
covering a lease dated June 7, 1994, as amended and assigned, subject to express
the consent agenda.
AWARD OF CONTRACT PD03-01 TO GOVPLACE, INC. TO FURNISH ITEMS FOR
CISCO (OR DISTRICT APPROVED EQUAL) SWITCHING UPGRADE
Agenda Item 6. RESOLUTION 2003-129 finding that Govplace, Inc. is the lowest
responsible and reliable bidder to Furnish Items for Cisco (or District approved equal)
Switching Upgrade, and accepting the bid of Govplace, Inc. in an amount not to exceed
$194,435.37, including delivery and sales tax, based upon prices set forth in the bid
proposal to Furnish Items for Cisco (or District approved equal) Switching Upgrade, and
authorizing and directing the execution of Contract PD03-01 on behalf of the District
with said Govplace, Inc. for the performance of said Contract; further finding and
rejecting the bids of Comp USA Government and Dexon Computer, Inc. as nonresponsive, was adopted as part of the consent agenda.
PRESENTATION
1ST QUARTER OF 2003
Agenda Item 7. Bruce Hollingsworth, Executive Director, announced that Connie
Martinez, Administrative Assistant II, was chosen as Employee of the Quarter for the
first quarter of 2003. Ms. Martinez was recognized for an exceptional work attitude and
dedication, and for providing outstanding customer service.
July 15, 2003
Page 200
PRESENTATION
BY
RECREATION
&
ENVIRONMENTAL
SERVICES
DEPARTMENT REGARDING THE DISTRICT’S ENVIRONMENTAL EDUCATION
PROGRAM
Agenda Item 8. David Merk, Director, Recreation & Environmental Services, and
Kelly Moewe, Assistant Environmental Specialist, addressed the Board and presented
the enhanced District Environmental Education Program. (A copy of the staff report
and presentation are on file in the Office of the District Clerk.) Commissioner Spane
stated his support for the program and commended staff for their hard work.
PRESENTATION BY THE ACCESSIBILITY ADVISORY COMMITTEE (AAC) AND
UPDATE ON THE PORT’S AMERICANS WITH DISABILITIES ACT (ADA)
PROGRAM
Bill Chopyk, Manager, Planning Services; Peter Mirche,
Agenda Item 9.
Chairman, District Accessibility Advisory Committee (AAC); Patricia Sieglen-Perry, ViceChair, AAC; and Louis Frick and Betty Bacon of AAC addressed the Board and presented
an update on the AAC. (A copy of the staff report and presentation are on file in the
Office of the District Clerk.) Mr. Frick discussed improving the Harbor Drive/Ash Street
crossing as the AAC pilot project. Commissioner Cushman stated his appreciation to the
AAC for working cooperatively with District staff. Commissioner Cushman requested
staff to report back to the Board at a future meeting with a plan and projected costs for
the pilot project. Commissioner Cushman also requested staff investigate any grants
that might be available to fund a full-time Americans with Disabilities Act (ADA)
Coordinator position for the District. Bruce Hollingsworth, Executive Director, stated
that staff would bring back a proposal addressing the pilot project to the Board at a
future meeting.
PRESENTATION OF STAFF’S RECOMMENDATION ON THE DISTRICT’S ROLE
IN DEVELOPING AN OVERARCHING PORT/SEAPORT SECURITY STRATEGY;
AND REQUEST FOR DIRECTION
Agenda Item 15. Wayne Darbeau, Vice President, Administration/District Clerk;
Stuart Farnsworth, Project Analyst, Marine Operation; and Dr. Paula L. Scalingi,
President of The Scalingi Group, addressed the Board and presented staff
recommendation on the District’s role in developing an overarching Port/Seaport
Security Strategy. (A copy of the staff report and presentation are on file in the Office
July 15, 2003
Page 201
of the District Clerk.) Mr. Farnsworth discussed two options for developing a security
strategy. The first option, the Regional Partnership Approach, embraces leadership
from regional jurisdictions. With the second option, the Lead Agency Approach, the
District assumes lead agency status. Staff recommended the Board adopt Option 1.
Dr. Scalingi discussed the phases and timeline of implementing the partnership
approach.
Commissioner discussion ensued. Commissioner Cushman concurred with staff’s
recommendation for Option 1. Commissioner Bixler requested and received clarification
from Dr. Scalingi and Mr. Darbeau regarding cost projections for the initial phase of
implementation.
As part of the funding proposal for the security strategy,
Commissioner Bixler requested that staff investigate incorporating enhancements to the
cruise ship terminal. Commissioner Spane expressed concern regarding the timing of
the District’s role in a regional security strategy. Commissioner Spane requested that
staff develop a set of milestones in place for implementing the strategy.
On motion of Commissioner Cushman, seconded by Commissioner Rios, the
Board directed staff to proceed with staff’s recommendation, by the following vote:
PUBLIC HEARING/ACTION
PORT OF SAN DIEGO TARIFF
Paul Libuda, Assistant Director, Marine Operations, addressed the Board and
Agenda Item 10a. Chairman Van Deventer opened the Public Hearing. No one
requested to speak and on motion of Commissioner Cushman, seconded by
Commissioner Rios, the Board closed the Public Hearing by the following vote: YeasBixler, Compton, Cushman, Davis, Rios, Spane, Van Deventer; Nays-None; ExcusedNone; Absent-None; Abstained-None.
Agenda Item 10b.
Commissioner Bixler, the Board adopted ORDINANCE 2256 amending Tariff No. 1-G, on
file with the Federal Maritime Commission pursuant to its computer based Automated
July 15, 2003
Page 202
Tariff and Filing Information System, and the paper format version on file in the office
of the District Clerk as Document No. 31231, by the adoption of revision more
particularly described in Ordinance 2256; and authorizing and directing the publication
of Items more particularly described in Ordinance 2256, by the following vote: YeasBixler, Compton, Cushman, Davis, Rios, Spane, Van Deventer; Nays-None; ExcusedNone; Absent-None; Abstained-None.
CLOSED SESSION
Agenda Item 20. Duane Bennett, Port Attorney, requested that the Board
adjourn to discuss item 20 in closed session:
Pursuant to Subdivision (b)(1) of Government Code Section 54956.9:
Claim of David Malcolm
Chairman Van Deventer announced the Board would recess into closed session.
OPEN SESSION
The Board reconvened to open session at 2:46 p.m. Chairman Van Deventer
noted that all commissioners were present.
Duane Bennett, Port Attorney, reported that the Board gave direction to staff
regarding the above-referenced closed session item. Mr. Bennett stated that there was
no formal action to report from the Closed Session. Mr. Bennett further stated pursuant
to the provisions of the Brown Act, the discussion that was held in closed session must
stay in closed session unless the entire Board agrees to waive the closed session
privilege.
July 15, 2003
Page 203
ACTION AGENDA
CONSIDERATION OF CLAIM FILED AGAINST THE DISTRICT (CLAIMANT:
DAVID MALCOLM)
Agenda Item 11.
Commissioner Rios, the Board directed a return of the claim pursuant to the
Government Code as being untimely filed, and directed the Port Attorney to prepare
and forward the appropriate late claim notice to the claimant, by the following vote:
NORTH EMBARCADERO VISIONARY PLAN
Agenda Item 12ab. Karen Weymann, Assistant Director, Real Estate, addressed
the Board and presented a status report of the North Embarcadero Visionary Plan. (A
copy of the staff report and presentation are on file in the Office of the District Clerk.)
Ms. Weymann also discussed the proposed Joint Powers Agreement.
clarification from Ms. Weymann regarding whether it will be necessary to rebuild any
portion of the Broadway Pier.
Commissioner Bixler requested through Mr.
Hollingsworth that the District have two members of the Joint Powers Board instead of
one. Commissioner Davis supported the proposed structure of JPA Board for one
member from the District. Chairman Van Deventer suggested that the alternative
member be from a South Bay city.
Raymond Ashley, representing the Maritime Museum, addressed the Board and
requested that the process continue to solicit stakeholder input.
Commissioner Cushman left the dais and the Boardroom at 3:03p.m. (He was
excused for personal reasons.)
adopted RESOLUTION 2003-130 authorizing and directing the Executive Director or his
authorized representative to enter into a Joint Exercise of Powers Agreement
(Agreement) on behalf of the District, with the Redevelopment Agency of the City of
San Diego, a public body, corporate and politic, acting by and through the Centre City
July 15, 2003
Page 204
Development Corporation, to complete schematic design and develop a financing and
phasing plan necessary to, at some future date, produce construction drawings and
implement the North Embarcadero Visionary Plan, said Agreement, as more particularly
outlined in Resolution 2003-130, shall be in substantially the form presented to and
considered at the meeting of the Board of Port Commissioners held on July 15, 2003, to
be placed on file in the office of the District Clerk as Document No. 46231; further that
the Chairman of the Board of Port Commissioners is hereby authorized to appoint a
member of said Board to serve as the designee and/or alternate in the event the
Chairman is unable to attend any meeting of the Authority Board, by the following vote:
Yeas-Bixler, Compton, Davis, Rios, Spane, Van Deventer; Nays-None; ExcusedCushman; Absent-None; Abstained-None.
GLORIETTA BAY LINEAR PARK
Annette Dahl, Senior Asset Manager, Real Estate, addressed the Board and
presented staff recommendations regarding provisions for funding the Linear Park
portion of the Glorietta Bay Master Plan project. (A copy of the staff report and
On motion of Commissioner Spane, seconded by Commissioner Bixler, the Board,
with a single vote, adopted ORDINANCE 2257 and RESOLUTION 2003-131, by the
following vote: Yeas-Bixler, Compton, Davis, Rios, Spane, Van Deventer; Nays-None;
Excused-Cushman; Absent-None; Abstained-None.
ORDINANCE AMENDING MEMORANDUM OF UNDERSTANDING BETWEEN THE
DISTRICT AND THE CITY OF CORONADO
ORDINANCE 2257 amending the Memorandum of
Agenda Item 13a.
Understanding, dated June 30, 1995, between the District and the City of Coronado in
accordance with Amendment No. 1 of Memorandum of Understanding between the
District and the City of Coronado (Amendment No. 1), said Amendment No. 1 more
particularly described in Ordinance 2257 and on file in the office of the District Clerk as
Document No. 46232; said Ordinance shall take effect on the 31st day from its passage
by the Board of Port Commissioners, provided, however, the expenditure of additional
funds as set forth in said Addendum No. 1 is subject to approval by the State Lands
Commission of the State of California, and in the event said approval is not granted by
the State Lands Commission of the State of California, no additional funds shall be
July 15, 2003
Page 205
expended by the District for Glorietta Bay Linear Park construction, was adopted as
indicated above, "Glorietta Bay Linear Park."
GLORIETTA BAY LINEAR PARK, CORONADO – FINDINGS OF FACT
RESOLUTION 2003-131 authorizing and directing the
Agenda Item 13b.
preparation and submittal of an application to the State Lands Commission of the State
of California to obtain the necessary approvals for the District’s proposed increased
funding of said proposed Glorietta Bay Linear Park, further that the Board makes
findings, as more particularly outlined in Resolution 2003-131, with regard to the
proposed increased funding of said proposed Glorietta Bay Linear Park was adopted as
indicated above, "Glorietta Bay Linear Park."
UNCOLLECTIBLE ACCOUNTS
Jeff McEntee, Senior Director, Business & Financial Services/Treasurer,
and presentation are on file in the Office of the District Clerk.) Mr. McEntee discussed
that staff is investigating the possibility of utilizing a collection agency for doubtful
accounts.
clarification from Mr. McEntee regarding the financial impact on the District of writing
off uncollectible accounts. Commissioner Bixler commented on Marine Operation
uncollectible accounts.
On motion of Commissioner Davis, seconded by Commissioner Spane, the Board,
with a single vote, adopted RESOLUTIONS 2003-132 and 2003-133, by the following
vote: Yeas-Bixler, Compton, Davis, Rios, Spane, Van Deventer; Nays-None; ExcusedCushman; Absent-None; Abstained-None.
AMENDMENT OF BPC POLICY 105, UNCOLLECTIBLE ACCOUNTS
RESOLUTION 2003-132 adopting the Board of Port
Agenda Item 14a.
Commissioners Policy No. 105, Uncollectible Accounts, as amended, a copy of which is
July 15, 2003
Page 206
on file in the office of the District Clerk as Document No. 46233, was adopted as
indicated above, "Uncollectible Accounts."
AUTHORIZATION TO WRITE OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE
Agenda Item 14b. RESOLUTION 2003-133 declaring uncollectible the accounts
listed on Exhibit A, attached thereto and by this reference made a part thereof, (Exhibit
A is on file in the Office of the District Clerk), which were authorized to be transferred
to contingent accounts receivables by prior action of the Board, in the amount of
$946,204.90, and authorizing for write off pursuant to said BPC Policy 105; further
declaring uncollectible the accounts listed on Exhibit B, attached thereto and by this
reference made a part thereof, (Exhibit B is on file in the Office of the District Clerk), in
the amount of $309,389.91, and authorizing for write off pursuant to said BPC Policy
105; further that the above accounts, totaling $1,255,594.81, which have been declared
to be uncollectible pursuant to this Resolution, are hereby authorized to be removed
from the District’s financial records effective June 30, 2003, was adopted as indicated
above, "Uncollectible Accounts."
ELECTION OF SECRETARY – BOARD OF PORT COMMISSIONERS
Agenda Item 16. On motion of Commissioner Van Deventer, seconded by
Commissioner Bixler, the Board, adopted RESOLUTION 2003-134 electing Marshall “Ty”
Compton as Secretary of the Board of Port Commissioners, by the following vote: YeasBixler, Compton, Davis, Rios, Spane, Van Deventer; Nays-None; Excused-Cushman;
CJ Lucke, Deputy District Clerk, administered the oath of office to Commissioner
Compton as the Secretary of the Board of Port Commissioners for the remainder of
calendar year 2003.
Agenda Item 17. Bruce Hollingsworth, Executive Director, reported on the tree
inventory of District tidelands. Mr. Hollingsworth stated that the District has more than
twice the number of trees located on District tidelands than 40 years ago.
Page 207
July 15, 2003
CLOSED SESSION
session agenda for discussion, whereupon at 3:35 p.m., he announced the Board would
go into closed session. Duane Bennett, Port Attorney, announced the closed session for
Pursuant to Subdivision (a) of Government Code Section 54956.9
SDUPD vs. TDY Industries, Inc.; Ryan Aeronautical Company; Teledyne Ryan
Company; Teledyne Ryan Aeronautical Company; Teledyne Industries, Inc.;
Allegheny Teledyne, Inc.; Allegheny Technologies, Inc., Does 1-10, Inclusive
United States District Court, Southern District of California, No. 03 CV 1146H
POR
ATTEST:
A
July 29, 2003
Page 208
MINUTES
9:05 a.m. Tuesday, July 29, 2003, in the Board Room at 3165 Pacific Highway, San
Diego, California.
ROLL CALL
Agenda Item 1.
Present:
Absent:
None.
Excused:
Agenda Item 2. Bryan Pennington addressed the Board and stated his concern
regarding the disabled dock adjacent to the Coast Guard Station. Mr. Pennington also
expressed concern regarding the enforcement of laws pertaining to the right to anchor
in the area near the A-9 Anchorage.
Michael Conetta addressed the Board and requested additional information on
pending legal cases regarding the San Diego Bay. Chairman Van Deventer requested
that the Port Attorney’s office contact Mr. Conetta to discuss his request.
July 29, 2003
Page 209
WORKSHOP
PRESENTATION BY THE SAN DIEGO CITY EMPLOYEES’ RETIREMENT SYSTEM
ON THE DISTRICT’S RETIREMENT PLAN; AND REQUEST FOR DIRECTION.
Agenda Item 3. Dan Wilkens, Executive Vice President, provided opening
comments regarding the District’s Retirement Plan presentation. Commissioner Bixler
declared a conflict of interest due to a relationship with one of the representatives from
the San Diego City Employees’ Retirement System (SDCERS), Paul Barnett, and
therefore abstained from participation in the discussion of this item. Commissioner
Bixler then left the dais and the Boardroom.
Jeff McEntee, Senior Director, Business & Financial Services/Treasurer, and Larry
Grissom, SDCERS Retirement Administrator, addressed the Board and presented an
overview of SDCERS and the benefits and services provided to the District. (Copies of
the presentations are on file in the Office of the District Clerk.) Mr. Grissom discussed
the historical background of the relationship between SDCERS and the District, a
summary of benefits provided by SDCERS and an overview of the District plan
investments and performance results.
Commissioner discussion ensued. Commissioner Rios requested a copy of the
most recent financial statements from SDCERS. Commissioner Davis requested and
received clarification from Mr. Grissom regarding the reasoning for adding Section 149
to the City Charter. Commissioner Davis requested and received clarification from Mr.
Grissom regarding the current funding ratio of the District’s plan. In response to an
inquiry from Commissioner Davis, Mr. Grissom provided additional information
regarding the amount of the Trust Fund allocated to the District. Commissioner Davis
requested and received clarification from Paul Barnett, SDCERS Assistant Retirement
Administrator, regarding the marketing services that SDCERS provides the District and
the composition of the Retirement Board. In response to an inquiry from Commissioner
Davis, Mr. Grissom provided additional clarification on the selection and function of the
asset managers and investment consultants. Commissioner Davis requested and
received additional information from Mr. Grissom and Mr. Barnett pertaining to
optimizing the expected risk and return trade-offs of the mix of assets. In response to
an inquiry from Commissioner Davis, Mr. Barnett provided the justification for the
SDCERS’s asset allocation strategy.
Commissioner Spane requested and received clarification from Mr. Grissom and
Doug McCalla, SDCERS Chief Financial Officer, regarding how the performance of the
July 29, 2003
Page 210
asset managers is monitored. Commissioner Spane requested information on the top
performing public pension funds. Commissioner Compton requested and received
clarification from Mr. Barnett and Mr. Grissom regarding administrative costs.
Commissioner Rios requested five-year return and expense history per allocation and
for each asset manager. I n response to an inquiry from Commissioner Davis, Mr.
Grissom stated the operating costs for the District is approximately $400,000.
Mr. McEntee outlined the risks that may affect a retirement plan in general and
specific to the District’s plan. Commissioner Davis requested and received clarification
from Mr. Grissom regarding the impact of SDCERS changing their plan structure on the
District‘s plan. Lori Chapin, SDCERS General Counsel, discussed the potential risk of
bankruptcy of the City of San Diego or the insolvency of City’s retirement plan on the
District’s plan. Mr. McEntee stated that the District Act allows for two retirement plan
options. The District may contract with the State Employee’s Retirement System or
with any member city. Mr. McEntee discussed a comparison between the SDCERS and
Public Employees Retirement System ( P E S ) plans. Commissioner Rios requested and
received clarification from Duane Bennett, Port Attorney, regarding the retirement
options allowed under the District Act.
Mr. McEntee outlined the timeline for
implementing membership in P E S if the Board directed staff to pursue this option.
Clerk of th&an
July 29, 2003
Page 211
MINUTES
Port District was called to order by the Clerk at 1:OO p.m. Tuesday, July 29, 2003 in the
by the Clerk to Tuesday, July 29, 2003 at 1:OO p.m. in the Council Chambers, City of
Chula Vista at 276 Fourth Avenue, Chula Vista, California.
of Port Commissioners
July 29, 2003
Page 212
MINUTES
Port District was called to order by Chairman Van Deventer at 1:12 p.m. Tuesday, July
29, 2003, in the Council Chambers of the City of Chula Vista at 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL
Agenda Item 1.
Present:
OFFICERS Wilkens, Bennett, McEntee and Heinrichs.
Absent:
None.
Excused:
JOINTLY CONVENE MEETING WITH CITY OF CHULA VISTA CITY COUNCIL
AND REDEVELOPMENT AGENCY
Agenda Item 2. As previously posted, a special joint meeting of the Board of
Port Commissioners of the San Diego Unified Port District and the City Council of the
City of Chula Vista was called to order. Chula Vista Mayor Padilla noted that all
Councilmembers were present, with the exception of Councilmember Rindone.
PRESENTATION AND STATUS REPORT BY COOPER, ROBERTSON & PARTNERS
ON PRELIMINARY EXISTING CONDITIONS, OPPORTUNITIES, AND
CONSTRAINTS FINDINGS FOR THE CHULA VISTA BAYFRONT MASTER PLAN
Agenda Item 3a. Dan Wilkens, Executive Vice President, provided opening
comments regarding the status of the Chula Vista Bayfront Master Plan. Ralph Hicks,
Director, Land Use Planning; Keith Orlesky and Randy Morton, representing Cooper,
Robertson & Partners; and Gordon Carrier, representing Carrier Johnson, addressed the
Board and presented a status report regarding the preliminary existing conditions,
opportunities, and constraints findings for the Chula Vista Bayfront Master Plan
(CVBMP). (A copy of the staff report and presentation are on file in the Office of the
---------------------Clerk’s Note:
Officer Jeff McEntee was present at the July 29, 2003 Special Offsite Meeting.
July 29, 2003
Page 213
District Clerk.) Mr. Hicks reviewed the membership of the CVBMP Citizens Advisory
Committee and the proposed timeline for the master plan.
PUBLIC COMMENT
Agenda Item 3b. The following individuals addressed the Board with varying
viewpoints regarding this item: Steve Castaneda; Daniel Renard; Patricia Aguilar,
representing Crossroads II; Jim Peugh, representing the San Diego Audubon Society;
Allison Rolfe, representing the San Diego Baykeeper; Ed Kravitz, representing the San
Diego Railway Partners; Noheha Ramos and Laura Hunter, representing Environmental
Coalition (EHC); David DiDonato; Bruce Coons, representing Save Our Heritage
Organisation; Michael Conetta; Brett Davis; J. Paul Moretto, representing the Cyrano
Designs, Inc., Lupita Jimenez, representing South Bay Greens; Alexandra Hart,
representing IBEW Local 569; Judy Cascales; Theresa Acerro; and Bryan Pennington.
DISCUSSION AND/OR DIRECTION TO STAFF
Agenda Item 3c. The City of Chula Vista City Council commented on a variety of
issues regarding the Chula Vista Bayfront Master Plan. The Council thanked staff for
the excellent presentation and the public for their input. Council Member McCann
stressed the importance of connecting both sides of the City and including a signature
landmark for the Bayfront. Councilmember Davis concurred with the public comment
addressing the desire for a public workshop concerning the South Bay Power Plant.
Councilmember Salas urged the Council to explore a joint planning effort of the Chula
Vista Mid Bay Front and the CVBMP and to investigate different options for the South
Bay Power Plant. Mayor Padilla asked the Board to look at a joint planning effort.
Mayor Padilla expressed concern regarding the addition of too many members to the
Citizens Advisory Committee.
Commissioner discussion ensued. The Board thanked staff for the presentation.
Commissioner Rios stated the importance of creating open space for the elderly to
utilize. Commissioner Compton thanked the City of Chula Vista for working together
with the District on this plan. Chairman Van Deventer stated that it has been a
pleasure to meet today in Chula Vista. Mayor Padilla noted for the record a letter
received from Dr. David Karjanen. (A copy of the letter is on file in the Office of the
District Clerk.)
July 29, 2003
Page 214
ADJOURN JOINT MEETING WITH CITY OF CHULA VISTA CITY COUNCIL AND
REDEVELOPMENT AGENCY
Agenda Item 3d. There were no further items for discussion, whereupon Mayor
Padilla adjourned the special joint meeting at 3:12 p.m.
CONVENE BOARD OF PORT COMMISSIONERS MEETING
Van Deventer noted that all Commissioners were present, except for Commissioner
Cushman who was excused for personal reasons.
APPROVAL OF MINUTES
Agenda Item 5. The minutes submitted for the special meetings of July 7, 2003,
and July 15, 2003, and the regular meeting of July 15, 2003, were approved on motion
of Commissioner Davis, seconded by Commissioner Bixler.
Agenda Item 6. Captain Jeff Bentley addressed the Board regarding his proposal
for a Maritime Information and Career Resource Training Center. Chairman Van
Deventer requested staff contact Captain Bentley regarding his proposal.
U.S. Coast Guard Commander Steve Metruck addressed the Board and presented
the Distinguished Public Service Award to Harbor Police Chief David Hall. Chief Hall was
recognized for his dedication and strong support of the Coast Guard’s Maritime
Homeland Security mission. Chairman Van Deventer commended Chief Hall for his
work on the District’s security issues.
Commissioner Davis commented on the fees and expenses as discussed during
this morning’s workshop concerning the District’s Retirement Plan. Commissioner Davis
requested that the Board appoint a representative to the San Diego Pension Reform
Committee. Duane Bennett, Port Attorney, stated that the Board could not have a
detailed discussion regarding Commissioner Davis’ request, because it is not agendized.
July 29, 2003
Page 215
Mr. Bennett suggested that the Chairman direct staff to place this item on the next
agenda. Chairman Van Deventer directed staff to place this item on the next agenda.
CONSENT AGENDA
Chairman Van Deventer declared he would be abstaining on item 8 (Resolution
adopting plans and specifications and awarding Contract No. 2003-14 to Superior Ready
Mix Concrete L.P. dba SRM Contracting & Paving), because he owns property near this
area.
On motion of Commissioner Davis, seconded by Commissioner Bixler, the Board,
through and including 2003-137) by the following vote: Yeas-Bixler, Compton,
Cushman, Rios, Spane, Van Deventer; Nays-None; Excused-Cushman; Absent-None;
Abstained- Van Deventer abstained on agenda item number 8, as follows:
AUTHORIZATION TO ENTER INTO AGREEMENTS WITH AURORA INDUSTRIAL
HYGIENE, LLC, TETRA TECH EM, INC., AND INTEGRITY ENVIRONMENTAL
CONSULTANTS, INC.
Agenda Item 7. RESOLUTION 2003-135 authorizing Agreements with Aurora
Industrial Hygiene, LLC, Tetra Tech EM, Inc., and Integrity Environmental Consultants,
Inc. to provide Asbestos Abatement Management and Industrial Hygiene Consulting
Services, on an as-needed basis, as determined by the District, for an aggregate fee not
to exceed $200,000.00, for a period of one (1) year commencing on the date of
execution of said Agreements, in accordance with the terms, covenants and conditions
contained in said Agreements, subject to earlier termination; said Agreements are on
file in the office of the District Clerk as Document Nos. 46351, 46352, and 46353, was
AWARD OF CONTRACT 2003-14 TO SUPERIOR READY MIX CONCRETE L.P.,
DBA SRM CONTRACTING & PAVING, FOR REPAIR OF CIVIC CENTER DRIVE,
NATIONAL CITY
for Project No. NC1937GC, Repair Civic Center Drive, National City, commonly known as
District Construction Contract 2003-14; further accepting the low bid of Superior Ready
Mix Concrete L.P., dba SRM Contracting & Paving, in an amount not to exceed
$135,646,50, based upon prices set forth in the bid proposal to Repair Civic Center
July 29, 2003
Page 216
Drive, National City, and authorizing and directing the execution of Contract 2003-14
with Superior Ready Mix Concrete L.P., dba SRM Contracting & Paving, for the
performance of said work, was adopted as part of the consent agenda.
CHANGE ORDER NO. 3 TO CONTRACT 2002-54, REPLACEMENT OF DOMESTIC
WATER MAIN SYSTEM, NATIONAL DISTRIBUTION CENTER, NATIONAL CITY,
WITH ELKEN CONTRACTING, INC.
Agenda Item 9. RESOLUTION 2003-137 authorizing the execution of Change
Order No. 3 to Contract 2002-54, Replacement of Domestic Water Main System,
National Distribution Center, National City, with Elken Contracting, Inc., increasing the
contract by an amount not to exceed $35,000.00, was adopted as part of the consent
agenda.
ACTION AGENDA
MARKETING AND PUBLIC RELATIONS SERVICES
Rita Vandergaw, Senior Director, Marketing & Communications, addressed the
presentation are on file in the Office of the District Clerk.) Dick Cloward, representing
the San Diego Port Tenants Association, addressed the Board and stated his support for
the District’s Big Bay program. Mr. Cloward urged the Board to continue their support
of this program.
Commissioner discussion ensued. Commissioner Rios requested and received
clarification from Ms. Vandergaw regarding the proposed fees.
In response to an
inquiry from Commissioner Compton, Ms. Vandergaw provided additional information
regarding the tenant cooperative marketing program. Commissioner Bixler suggested
that these two consultants and the District’s two lobbyists in Washington DC and
Sacramento coordinate their efforts in promoting the District. Commissioner Bixler
requested the four consultants present to the Board the results of their collaboration on
the District’s Strategic Plan. Commissioner Davis commended staff for reducing the
cost of the contracts. Chairman Van Deventer stated that the Marketing Advisory
Committee will meet tomorrow. Commissioner Rios suggested that staff include
industrial tenants in the District’s community outreach program.
with a single vote, adopted RESOLUTIONS 2003-138 and 2003-139 by the following
July 29, 2003
Page 217
vote: Yeas-Bixler, Compton, Davis, Rios, Spane, Van Deventer; Nays-None; ExcusedCushman; Absent-None; Abstained-None, as follows:
Agenda Item 10a. RESOLUTION 2003-138 authorizing an Agreement with Katz
& Associates to provide public relations, communications and community relations
services for the District for the two (2) year period commencing July 1, 2003, and
ending June 30, 2005, subject to earlier termination, said services to be performed in
accordance with the terms, covenants and conditions contained in said Agreement, on
file in the office of the District Clerk as Document No. 46354, the maximum expenditure
for said advertising services for the period commencing July 1, 2003, and ending June
30, 2004, shall not exceed the sum of $350,000.00; further resolving that any funds
proposed for the second year of said Agreement, commencing July 1, 2004, and ending
June 30, 2005, shall be subject to approval of the Board of Port Commissioners, was
adopted as indicated above, "Marketing and Public Relations Services.”
Agenda Item 10b. RESOLUTION 2003-139 authorizing negotiation with MJE
Marketing Services, after the District’s Marketing Advisory Committee has the
opportunity to review the District’s marketing and advertising plan, for purposes of
developing terms, covenants, conditions and costs necessary to provide public relations,
communications and community relations services to the District for a period of two (2)
years commencing July 1, 2003, and ending June 30, 2005, subject to earlier
termination, the results of said negotiations will be reported to the Board and a decision
made at a later date regarding authorization of an Agreement, including the funding for
the first year of said Agreement commencing July 1, 2003, and ending June 30, 2004;
further resolving that any funds proposed for the second year of said Agreement,
commencing July 1, 2004, and ending June 30, 2005, shall be subject to further
approval of the Board of Port Commissioners, was adopted as indicated above,
"Marketing and Public Relations Services.”
OFFICER’S REPORT
a. Change Order Nos. 5 for $2,093.10; 11 for a credit of $5,000.00 to RFP with
douglas e. barnhart, inc. for Fixed Passenger Access Balcony at B-Street Cruise
Ship Terminal.
July 29, 2003
Page 218
b. Change Order Nos. 13 for $40,446.91; 14 for $92,289.00; 16 for $275,000.00;
17 for $37,677.33 to Contract No. 2000-03 with General Construction Company
for National City Marine Terminal Wharf Extension.
c. Change Order No. 13 for $60,973.61 and 6 Calendar Days to 2002-01 with
Bellingham Marine Industries, Inc. for Accessible Boat Docks.
d. Change Orders No. 12 for 60 Calendar Days; 13 for $3,050.00 to Contract No.
2002-13 with R. E. Staite Engineering, Inc. for Maintenance Dredging, Berths
10-1 and 10-2, Tenth Avenue Marine Terminal.
e. Change Order No. 2 for $3,000.00 to Contract No. 2002-15 with International
Pavement Solutions, Inc. to Correct Remaining Gallagher Deficiencies at
Embarcadero Crescent and Shelter Island.
f. Change Order No. 12 for $15,335.00 to Contract No. 2002-19 with C. E. Wylie
Construction Co. for General Services Facility, National City.
g. Change Order Nos. 12 for $1,634.02 and 12 Calendar Days; 16 for $1,276.51
and 8 Calendar Days; 17 for $26,543.03 and 49 Calendar Days to Contract No.
2002-21 with douglas e. barnhart, inc. for Cruise Ship Terminal Security and
Interior Improvements.
h. Change Order No. 1 for $1,900.00 to Contract No. 2002-23 with R. E. Staite
Engineering, Inc. for National City Marina Basin.
i. Change Order Nos. 2 for $2,901.00; 3 for $30,000.00; 4 for $60,000.00 to
Contract No. 2002-35 with Whillock Contracting, Inc. to Demolish General
Services Facility; 825 Harbor Drive.
j. Change Order No. 1 for $15,000.00 to Contract No. 2002-39 with Schindler
Elevator Corporation for District Elevator Maintenance.
k. Change Order Nos. 2 for $5,000.00; 3 for $10,000.00; 4 for $4,600.00 to
Contract No. 2002-53 with Elken Contracting Company for Imperial Beach Pier
Utilities Improvement.
l. Change Order Nos. 1 for $3,000.00; 2 for $2,000.00 to Contract No. 2002-54
with Elken Contracting Company to Replace Domestic Water Main System,
National Distribution Center.
m. Change Order No. 1 for $5,000.00 to Contract No. 2003-01 with SRM
Contracting and Paving, Inc. for Major Pavement Repairs, Harbor and Shelter
Island Tidelands Pavement Management Program.
n. Change Order Nos. 1 for $520.16 and 4 Calendar Days; 2 for $280.64 and 4
Calendar Days; 3 for $72.60 and 4 Calendar Days; 4 for $223.02 and 4 Calendar
Days; 5 for $300.24 and 4 Calendar Days to Contract No. 2003-13 with Alonso
Construction, Inc. for Café Café Ole Improvements.
o. Change Order No. 1 for $27,104.00 to Contract No. 2003-24 with Watkins
Contracting, Inc. to Demolish General Services Facility; 825 E. Harbor Drive.
July 29, 2003
Page 219
PRESIDENT'S REPORT
Aqenda Item 12. Dan Wilkens, Executive Vice President, and Commissioner
Bixler commented on the success of the Sandcastle Days event. Commissioner Bixler
commended staff for their work and assistance for this event.
Mr. Wilkens reported on the impact of Small Business Enterprises (SBE) goals of
the District by awarding the agreements and contracts on today's agenda.
Aqenda Item 13. None.
/-
AlTEST:
-
Clerk of thdgan Diego Unified Port District
August 12, 2003
Page 220
MINUTES
Tuesday, August 12, 2003, in the Board Room at 3165 Pacific Highway, San Diego,
California.
ROLL CALL
Agenda Item 1.
Present:
Deventer; OFFICERS Hollingsworth, Darbeau, Heinrichs, McEntee and
Corey Born.
Absent:
None.
Excused:
None.
APPROVAL OF MINUTES
Agenda Item 2. The minutes submitted for the special meetings of July 29,
2003, were approved on motion of Commissioner Spane, seconded by Commissioner
Bixler.
Agenda Item 3. Michael Conger, representing the Harbor Police Officers
Association, addressed the Board and stated that the City of San Diego’s decision to
under-fund their retirement plan has placed the District’s pension plan at unnecessary
risk. Mr. Conger requested the Board determine how much the District’s plan is at risk
and explore other options for the District’s retirement assets.
August 12, 2003
Page 221
CONSENT AGENDA
AUTHORIZATION TO ENTER INTO AGREEMENT WITH UNITED STORM
WATER, INC.
Agenda Item 4. On motion of Commissioner Spane, seconded by Commissioner
Rios, the Board adopted RESOLUTION 2003-140 authorizing an Agreement with United
Storm Water, Inc., a California corporation, to provide Storm Drain Maintenance at the
Marine Terminals and Various District Locations for the Three (3) Year period
commencing September 1, 2003, and ending August 31, 2006, subject to earlier
termination, for a maximum aggregate expenditure not to exceed the sum of
$450,000.00, said funds to be disbursed in accordance with the terms, covenants and
Document No. 46398, by the following vote: Yeas-Bixler, Compton, Cushman, Davis,
Rios, Spane, Van Deventer; Nays-None; Excused-None; Absent-None; Abstained- None.
ACTION AGENDA
STATUS REPORT ON THE CALIFORNIA STATE LANDS COMMISSION’S
APPROVAL OF $7.26 MILLION EXPENDITURE FOR IMPROVEMENTS TO THE
GLORIETTA BAY LINEAR PARK IN THE CITY OF CORONADO AND DIRECTION
TO STAFF
Agenda Item 5. Dan Wilkens, Executive Vice President, addressed the Board and
presented a status report on the California State Lands Commission’s approval of
funding for the Glorietta Bay Linear Park project. Commissioner Spane commended
staff for their work on this project. In response to an inquiry from Commissioner Bixler,
Mr. Wilkens provided clarification regarding whether the City of Coronado would be
responsible for the cost of future seismic and environment studies.
stated their support for this project and directed staff to proceed with the processing of
the leases, by the following vote: Yeas-Bixler, Compton, Cushman, Davis, Rios, Spane,
Van Deventer; Nays-None; Excused-None; Absent-None; Abstained- None.
August 12, 2003
Page 222
AUTHORIZATION TO ENTER INTO MANAGEMENT AGREEMENT WITH ACE
PARKING MANAGEMENT, INC.
Agenda Item 6. Paul Fanfera, Assistant Director, Real Estate, and David
Sandoval, Senior Asset Manager, Real Estate, addressed the Board and presented staff
recommendations regarding the parking services contract for the proposed airport park
and shuttle facility at the former Teledyne Industries site. (A copy of the staff report
and presentation are on file in the Office of the District Clerk.) Mr. Fanfera stated that
Five Star Parking has notified staff that, because they signed a non-compete agreement
with the Airport, they cannot work with the District’s terms as set out in the
Management Agreement attached as part of the Request for Qualifications (RFQ). Five
Star Parking has indicated that the fee of 1% of gross revenues in the Management
Agreement would be insufficient and would like to negotiate an increase of the fee. Mr.
Fanfera stated that Five Star’s request would be inconsistent with the terms of the RFQ
and it would be unfair to the other finalists to open up the terms of the Management
Agreement at this stage of the selection process. Mr. Fanfera stated that Ace Parking
Management, Inc. has indicated to staff that they would be willing to comply with the
terms of the Management Agreement. Mr. Fanfera further stated that Ace Parking
Management, Inc. was rated second in the selection process, and staff now
recommends that Ace Parking Management, Inc. be selected as the operator of the
Teledyne parking facility.
Paul Chacon, representing Five Star Parking, addressed the Board and requested
consideration of their request for increase in fees. Kevin Shrier, representing The
Parking Spot, and Steve Burton, representing Ace Parking Management, Inc. addressed
the Board and presented their qualifications to operate the Teledyne parking facility.
clarification from Mr. Fanfera regarding the rating criteria utilized in the selection
process. In response to an inquiry from Commissioner Davis, Mr. Fanfera and Mr.
Sandoval discussed the projected gross revenue and marketing experience for the top
three firms. Commissioner Spane requested and received clarification from Mr. Fanfera
regarding staff’s justification for the criteria used in the selection process.
Commissioner Cushman stated his support for authorizing the agreement with a local
firm. Commissioner Cushman expressed concern regarding the rating matrix submitted
to the Board. Commissioner Bixler stressed the importance of the operator of the
Teledyne parking facility integrating their parking operation with the parking facilities
for the Cruise Ship Terminal. Commissioner Bixler requested that District parking needs
be provided at the Teledyne parking facility.
August 12, 2003
Page 223
Board adopted RESOLUTION 2003-141 authorizing a Management Agreement with Ace
Parking Management, Inc. to manage and operate a park and ride facility located at the
former Teledyne Industries site on North Harbor Drive in the City of San Diego, for a
period of Sixty (60) Months, subject to earlier termination, in accordance with the
terms, covenants and conditions more particularly described in Resolution 2003-141
and contained in said Management Agreement, on file in the office of the District Clerk
as Document No. 46399, by the following vote: Yeas-Bixler, Compton, Cushman, Davis,
MARINA CORTEZ, INC. – A) PRELIMINARY PROJECT REVIEW FOR PROPOSED
REDEVELOPMENT AT THE MARINA CORTEZ, INC. SITE, AND B) DIRECT STAFF
TO PROCEED WITH AN ENVIRONMENTAL REVIEW FOR PROPOSED HOTEL
DEVELOPMENT AND NEW MARINA BUILDING
Agenda Item 7ab. Annette Dahl, Senior Asset Manager, Real Estate; Bruce
Barnes, representing Marina Cortez; and Thomas Farrell and Sam Hardage,
representing Woodfin Suite Hotels, addressed the Board and reviewed the proposed
redevelopment at the Marina Cortez site. (A copy of the staff report and presentation
are on file in the Office of the District Clerk.)
clarification from Dan Wilkens, Executive Vice President, regarding the proposed public
promenade for this project. Commissioner Cushman suggested upgrading the marina
as part of the redevelopment project. Commissioner Bixler suggested providing shuttle
services for employees and expressed concern regarding removing the fuel dock.
Commissioner Bixler requested and received clarification regarding the design aspects
of the waterside promenade.
directed staff to proceed with an Environmental Review, by the following vote: YeasBixler, Compton, Cushman, Davis, Rios, Spane, Van Deventer; Nays-None; ExcusedNone; Absent-None; Abstained- None.
August 12, 2003
Page 224
CHANGE ORDER NO. 1 TO DESIGN BUILD AGREEMENT WITH HENSEL PHELPS
CONSTRUCTION COMPANY, THE LICENSED CONTRACTING ENTITY OF
HILTON SAN DIEGO CONVENTION CENTER, LLC, FOR CONVENTION CENTER
HOTEL PARKING FACILITY, SAN DIEGO
addressed the Board and presented staff recommendations regarding the authorization
of a change order with Hensel Phelps Construction Company to accommodate the
future pedestrian bridge. (A copy of the staff report and presentation are on file in the
Commissioner discussion ensued. In response to an inquiry from Chairman Van
Deventer, Peter Hall, President, Center City Development Corporation (CCDC), provided
information regarding the possible funding sources for the pedestrian bridge project.
Commissioner Davis requested and received clarification from Mr. Hall concerning who
pays CCDC plan checks fees on their projects. Commissioner Bixler expressed
frustration with the City of San Diego (City) for its unwillingness to waive plan check
and permitting fees for this proposed change. Commissioner Bixler suggested the
relocation of the second elevator tower to the corner of the building be included in this
change order. Brian Brown, representing Hensel Phelps, addressed the Board and
stated a design study is being conducted regarding the relocation of both elevator
towers. Commissioner Bixler requested and received clarification from Ellen Corey
Born, Assistant Port Attorney, concerning the inclusion of the relocation of the second
elevator in this change order, as part of the motion. Chairman Van Deventer requested
and received clarification from Mr. Brown regarding the entitlement process for this
project. Chairman Van Deventer expressed concern regarding the traffic circulation for
this project. In response to an inquiry from Chairman Van Deventer, Mr. Hall provided
additional information on the location of the pedestrian bridge entrances.
Commissioner Davis requested and received clarification from Joseph Wong,
representing Joseph Wong Architects, regarding the original design of the elevator
towers. Mr. Wong discussed the impact of moving the elevator towers on the original
design. Commissioner Davis requested and received clarification from Mr. Heinrichs
and Chris Anderson, Vice President, Operations, regarding the impact of this change
order on the timeline for the Convention Center Hotel. In response to an inquiry from
Commissioner Davis, Ms. Corey Born stated that the pedestrian bridge was not included
in the Convention Center Hotel development Request for Proposal, and therefore this
change order cannot include the pedestrian bridge project. Commissioner Davis stated
that a strong message should be conveyed to the City that the District would not
August 12, 2003
Page 225
provide any additional funding for this project. Commissioner Cushman suggested
including Commissioner Davis’ message as part of the motion. Commissioner Spane
requested and received clarification from Mr. Heinrichs and Ms. Anderson regarding the
justification of the original design of the elevator towers. Jon Dunchack, representing
the City, addressed the Board and provided additional information regarding who
usually pays for plan checks fees. In response to an inquiry from Commissioner Bixler,
Bruce Hollingsworth, Executive Director, stated that the amount of funding reflected in
staff’s recommendation for this item includes plan check fees.
Board concurred with staff recommendation and agreed to notify the City of San Diego
that the District would not provide any additional funding for this project; and adopted
RESOLUTION 2003-142 authorizing the execution of Change Order No. 1 to the Design
Build Agreement with Hensel Phelps Construction Company, the Licensed Contracting
Entity of Hilton San Diego Convention Center, LLC, for Convention Center Hotel Parking
Facility, San Diego, subject to written confirmation from the City of San Diego and
Centre City Development Corporation (CCDC) that they have been authorized to
participate and share 50% of the estimated $330,000.00 cost of said Change Order No.
1, increasing said Design Build Agreement by said amount which includes plan check
fees, and extending the contract time Sixty One (61) calendar days to a new completion
date of January 31, 2005; further resolving that, in the event the District desires to
relocate the second garage elevator tower, the Executive Director or his authorized
representative is hereby authorized and directed to execute any Change Order
pertaining thereto, however, said relocation shall be performed at no additional cost to
the District and with no additional time extension; and, in the event the City of San
Diego and CCDC do not receive said authorization to participate in said Change Order
No. 1, this approval shall be null and void and of no further force or effect; further that
a copy of this Resolution shall be provided to the City of San Diego and CCDC, by the
Nays-None; Excused-None; Absent-None; Abstained- None.
AUTHORIZATION TO ACCEPT ASSISTANCE AWARD FROM THE UNITED
STATES TRANSPORTATION SECURITY ADMINISTRATION
Stuart Farnsworth, Project Analyst, Marine Operations,
Agenda Item 9.
and presentation are on file in the Office of the District Clerk.) Commissioner Bixler
requested and received clarification from Lt. Dave Garrity, Harbor Police, regarding the
August 12, 2003
Page 226
integration of this system with the Automated Regional Justice Information System
(ARJIS).
Board adopted RESOLUTION 2003-143 accepting the grant of $1,435,750.00, from the
United States Transportation Security Administration, Award No. DTSA20-03-G-01152
(Assistance Award), and authorizing and directing the execution of said Assistance
Award; further, in accordance with the terms and conditions contained in said
Assistance Award, on file in the office of the District Clerk as Document No. 46400, the
Executive Director of the District hereby agrees to expend the allocated funds for each
Project as identified therein, by the following vote: Yeas-Bixler, Compton, Cushman,
AUTHORIZATION TO ENTER INTO AGREEMENT WITH MJE MARKETING
SERVICES, LLC
Rita Vandergaw, Senior Director, Marketing &
Agenda Item 10.
Communications, addressed the Board and presented staff recommendations regarding
authorizing an agreement with MJE Marketing Services. (A copy of the staff report and
presentation are on file in the Office of the District Clerk.) Rick Ghio, representing the
San Diego Port Tenants Association, addressed the Board and stated his support for this
agreement. Chairman Van Deventer stated that a workshop would be held regarding
the District’s comprehensive marketing program.
adopted RESOLUTION 2003-144 authorizing an Agreement with MJE Marketing
Services, LLC to provide advertising services for the District for the Two (2) Year period
commencing July 1, 2003, and ending June 30, 2005, subject to earlier termination,
said advertising services to be performed in accordance with the terms, covenants and
conditions contained in said Agreement to be placed on file in the office of the District
Clerk as Document No. 46401, the maximum expenditure for said advertising services
for the period commencing July 1, 2003, and ending June 30, 2004, shall not exceed
the sum of $650,000.00; further resolving that any funds proposed for the second year
of said Agreement, commencing July 1, 2004, and ending June 30, 2005, shall be
subject to approval of the Board of Port Commissioners, by the following vote: YeasBixler, Compton, Cushman, Davis, Rios, Spane, Van Deventer; Nays-None; ExcusedNone; Absent-None; Abstained- None.
August 12, 2003
Page 227
RESOLUTION REQUESTING APPOINTMENT OF A PORT OF SAN DIEGO
REPRESENTATIVE TO THE MAYOR OF SAN DIEGO’S PENSION REFORM
COMMISSION; DISCUSSION OF CITY OF SAN DIEGO’S RETIREMENT SYSTEM,
AND DIRECTION TO STAFF
Agenda Item 11. Commissioner Bixler declared a conflict of interest due to a
relationship with one of the representatives from the San Diego City Employees’
Retirement System (SDCERS), Paul Barnett, and therefore abstained from participation
in the discussion of this item. Commissioner Bixler then left the dais and the
Boardroom.
Dan Wilkens, Executive Vice President, stated that the Board at their last
meeting requested that this item be placed on the agenda. Commissioner Cushman
introduced Diann Shipione, a trustee of the San Diego City Employees Retirement
System (SDCERS). Ms. Shipione addressed the Board and discussed the City of San
Diego (City) under-funding of their retirement plan and the projected deficit for the next
six years. Ms. Shipione stated her concern for the members of SDCERS due to the
projected deficit.
Cushman, Jeff McEntee, Senior Director, Business & Financial Services/Treasurer, stated
that the District is sharing in the legal expenses incurred by the City due to the underfunding of their retirement plan. Commissioner Cushman suggested that staff send to
current and past employees a communication outlining the benefits and concerns of the
District’s retirement plan. Commissioner Cushman also suggested sending another
communication explaining the alternative of participating in the Public Employees
Retirement System (PERS). Commissioner Cushman suggested that the input of District
employees be solicited anonymously by including a postage-paid postcard with the
communication. Commissioner Spane requested and received clarification from Ms.
Shipione and Mr. McEntee regarding the accrued interest on the City’s pension plan
deficit.
Commissioner Rios requested and received clarification from Ms. Shipione
regarding any benefits the City receives if SDCERS continues to administer the District’s
retirement plan. In response to a comment by Commissioner Rios regarding her
perception that staff is reluctant to explore the option of contracting with PERS to
administer the District’s retirement plan, Bruce Hollingsworth, Executive Director, stated
that staff has not made a recommendation regarding retirement plan options and
August 12, 2003
Page 228
intends to diligently work through the complexity of issues. Mr. Hollingsworth
expressed his appreciation to the Board for their concern with respect to this item.
Commissioner Davis requested and received clarification on a variety of SDCERS
issues from Larry Grissom, Retirement Administrator, SDCERS, including the definition
of retirement-related terms, the availability of loans from SDCERS, pending real estate
purchases, health benefits available with SDCERS, the SDCERS Mission Statement, and
training of the trustees. Commissioner Davis stated that analyzing the District’s
retirement plan options is an on-going process.
In response to an inquiry from Commissioner Cushman, Mr. Grissom stated that
the District is not paying legal fees associated with the City’s decision to under-fund
their retirement plan. Mr. Grissom stated the District’s employees should not be
concerned that under-funding of the City’s retirement plan jeopardizes the District’s
retirement plan. Commissioner Cushman expressed his concern of the potential conflict
of interest with regard to the number of SDCERS trustees who are also receiving
benefits from the retirement plan.
Chester Mordasini, representing Teamster Local 911, addressed the Board and
stated his support for the District having a representative on the City’s Pension Reform
Commission. Chairman Van Deventer stated that he has sent a letter to City of San
Diego Mayor Dick Murphy requesting a District representative on the City’s Pension
Reform Commission.
CLOSED SESSION
Agenda Item 14 & 15. Chairman Van Deventer noted there were no additional
items on the open session agenda for discussion, whereupon Ellen Corey Born,
Assistant Port Attorney, announced the closed session items for today's agenda, as
follows:
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION
Pursuant to Subdivision (c) of Government Code Section 54956.9: One Case
Pursuant to Subdivision (b)(1) of Government Code Section 54956.9: One Case
August 12,2003
Page 229
PRESIDENT'S REPORT
Page 230
August 26,2003
MINUTES
Port District was called to order by the Clerk at 1:OO p.m. Tuesday, August 26, 2003 in
by the Clerk to Tuesday, August 26,2003 at L O O p.m. in the City of Coronado Police
Facilities Emergency Operations Center at 700 Orange Avenue, Coronado, California.
Clerk of the Boawof Port Commissioners
c
August 26, 2003
Page 231
MINUTES
Port District was called to order by Chairman Van Deventer at 1:00 p.m. Tuesday,
August 26, 2003, in the City of Coronado Police Facilities Emergency Operations Center
at 700 Orange Avenue, Coronado, California.
ROLL CALL
Agenda Item 1.
Present:
McEntee.
Absent:
None.
Excused:
None.
CORONADO MAYOR PRO TEM COMMENTS
City of Coronado Mayor Pro Tem Philip Monroe welcomed the Board to the City
of Coronado and introduced City Council Members and City staff. Mayor Pro Tem
Monroe thanked the Board and District staff for the collaboration on City projects.
INTRODUCTION OF NEW POLICE CHIEF
Wayne Darbeau, Vice President, Administration/District Clerk, introduced the
newly appointed Chief of Harbor Police, Betty Kelepecz. Chief Kelepecz stated she felt
honored for being selected as the new Harbor Police Chief.
August 26, 2003
Page 232
APPROVAL OF MINUTES
Agenda Item 2. The minutes submitted for the regular meeting of August 12,
2003, were approved on motion of Commissioner Compton, seconded by Commissioner
Bixler.
Agenda Item 3. Jo Scott, representing the Coronado Playhouse, addressed the
Board and requested to utilize a piece of property located at the Tidelands Park as a
temporary location for the playhouse.
Commissioner Spane requested Bruce
Hollingsworth, Executive Director, respond to the request.
Cheryl Smith, representing the YachtFest, addressed the Board and announced
the San Diego 2003 YachtFest will be held on September 10-14, 2003 at the Shelter
Island Marina. (A copy of the presentation is on file in the Office of the District Clerk.)
Michael Conger, representing the Harbor Police Officers Association, addressed
the Board and discussed comments made by San Diego City Employees Retirement
System (SDCERS) Trustee, Terri Webster, regarding questions asked of Larry Grissom,
Retirement Administrator, SDCERS, at the August 12, 2003 Board meeting. Mr. Conger
presented to the Board copies of SDCERS Retirement Board Minutes discussing benefit
enhancements to the system.
Abdul-Rahim Hameed, representing the Black Contractors Association, addressed
the Board and expressed interest in working with the District on the expansion of the
parking structure located at the Convention Center.
Commissioner Cushman
commented on past successes with Convention Center projects that had a high
percentage of participation by contractors who are representative of our community.
CONSENT AGENDA
Commissioner Bixler requested that item 6 (Resolution establishing rent for
CHLN, Inc. dba Joe’s Crab Shack for the period November 1, 2001 through October 21,
2006) be pulled for separate discussion and vote.
August 26, 2003
Page 233
On motion of Commissioner Davis, seconded by Commissioner Bixler, the Board,
with a single vote, adopted consent agenda items 4, 5, 7 and 8 (Ordinances 2258 and
2259, and Resolutions 2003-145 through and including 2003-147) by the following
vote: Yeas-Bixler, Compton, Cushman, Davis, Rios, Spane, Van Deventer; Nays-None;
Excused-None; Absent-None; Abstained- None, as follows:
ORDINANCE AMENDING LICENSE AGREEMENT BETWEEN THE SAN DIEGO
UNIFIED PORT DISTRICT AND THE JANKOVICH COMPANY
Agenda Item 4. ORDINANCE 2258 amending the license agreement dated May
1, 2000, between the District and The Jankovich Company, a California corporation, in
accordance with Agreement for Amendment of License Agreement, Amendment No. 1,
on file in the office of the District Clerk as Document No. 46427, was adopted as part of
the consent agenda.
REJECTION OF BIDS TO PROVIDE DUMPSTER SERVICE FOR TENTH AVENUE
MARINE TERMINAL AND VARIOUS OTHER DISTRICT LOCATIONS
Agenda Item 5. RESOLUTION 2003-145 rejecting the bids submitted to Provide
Dumpster Service for the Tenth Avenue Marine Terminal and Various Other District
Locations, and authorizing and directing the publication, in accordance with law, of
notice calling for bids to Provide Dumpster Service for the Tenth Avenue Marine
Terminal and Various Other District Locations in accordance with plans and
specifications, was adopted as part of the consent agenda.
CITY OF SAN DIEGO – SEWER LINE FACILITIES, SHELTER ISLAND DRIVE
Agenda Item 7a. RESOLUTION 2003-146 approving the City of San Diego’s
proposed Project to expand, rehabilitate and modernize Pump Station No. 39, located
north of Shelter Island Drive, and determining the Project to be Categorically Exempt
under California Environmental Quality Act (CEQA) Guidelines, Section 15301, Existing
Facilities, was adopted as part of the consent agenda.
ORDINANCE GRANTING AN EASEMENT TO THE CITY OF SAN DIEGO
Agenda Item 7b. ORDINANCE 2259 approving and granting the Easement
between the District and The City of San Diego, a municipal corporation, for an
underground easement, together with incidental surface rights, including but not limited
to sewer manholes and other items normally associated with a sewer facility, for the
August 26, 2003
Page 234
purposes of construction, operation, maintenance, repair, replacement and inspection of
public sewer facilities, and incidents and appurtenances thereto, for approximately 368
square feet of tideland area located north of Shelter Island Drive in the City of San
Diego, on file in the office of the District Clerk as Document No. 46428, further directing
the execution of said Easement with the City of San Diego on behalf of the District, was
AWARD OF CONTRACT 2003-21 TO AREA WEST FENCE CO. FOR FENCE
IMPROVEMENTS, NATIONAL CITY MARINE TERMINAL AND SHELTER ISLAND
for Project No. SD2042MC, Fence Improvements, National City Marine Terminal and
Shelter Island, commonly known as District Construction Contract 2003-21; further
accepting the low bid of Area West Fence Co., a California corporation, in an amount
not to exceed $173,350.00, based upon prices set forth in the bid proposal, in
accordance with Bid Schedules A and B, for Fence Improvements, National City Marine
Terminal and Shelter Island; and authorizing and directing the execution of Contract
2003-21 on behalf of the District with Area West Fence Co. for the performance of said
work; provided, however, in the event that the United States of America, Department of
Transportation, Maritime Administration (DOT/MA) does not extend its Port Security
Grant award, which has a contract completion date of September 30, 2003, no Notice
to Proceed shall be issued and this authorization is null and void and of no further force
or effect, was adopted as part of the consent agenda.
RESOLUTION ESTABLISHING RENT FOR CHLN, INC. DBA JOE’S CRAB SHACK
FOR THE PERIOD OF NOVEMBER 1, 2001 THROUGH OCTOBER 31, 2006
Agenda Item 6. In response to a question from Commissioner Bixler regarding
the status of installing a monument sign, Patti Phillips, Asset Manager, Real Estate,
stated that a signage plan is in process. Commissioner Bixler discussed installing a third
sign. Commissioner Bixler made a suggestion to staff regarding the possibility of
reducing the rent for CHLN, Inc. if the District took over part of the property for a Dock
‘n Dine opportunity. Commissioner Cushman expressed his concern with the delay of
adding boat docks to the property. Commissioner Cushman suggested this item be
tabled for two weeks to allow staff to respond to his concerns. Bruce Hollingsworth,
Executive Director, requested that the Board approve this item today and allow staff to
work with the tenant to address the docking issue.
August 26, 2003
Page 235
Board voted to continue this item to a future Board meeting, by the following vote:
Excused-None; Absent-None; Abstained- None.
PRESENTATION
GLORIETTA BAY MASTER PLAN PROJECT:
A) PRESENTATION OF THE CITY OF CORONADO’S GLORIETTA BAY MASTER
PLAN PROJECT
Agenda Item 9a. Annette Dahl, Senior Asset Manager, Real Estate; Jim Benson,
Director of Engineering and Development, City of Coronado; and Roberta Jorgensen
and Patricia Trauth, representing Robbins Jorgensen Christopher, addressed the Board
and provided a brief history and overview of the Glorietta Bay Master Plan Project. (A
received clarification from Ms. Jorgensen regarding the surface of the proposed
promenade. Commissioner Spane stated his appreciation to the Board and District staff
for their support of this project. Commissioner Spane thanked the staff and leadership
from the District and the City of Coronado for their cooperation on this project.
B) PRESENTATION ON PUBLIC ART AS IT RELATES TO THE GLORIETTA BAY
LINEAR PARK PROJECT
Agenda Item 9b. Catherine Sass, Director, Public Art; Caroline Murray, Public Art
Committee member representing the City of Coronado; and Linda Stanton, Chairperson,
City of Coronado Public Art Subcommittee, addressed the Board and provided an
overview of the City of Coronado Public Art Projects. (A copy of the presentation is on
file in the Office of the District Clerk.) In response to an inquiry regarding the number
of City of Coronado art projects funded by the District, Ms. Sass stated which projects
have been funded by the District.
August 26, 2003
Page 236
ACTION AGENDA
PRESENTATION OF RESULTS OF AN ANALYSIS OF THE FISCAL AND
ECONOMIC IMPACT OF THE PORT OF SAN DIEGO
Jim Hutzelman, Assistant Director, Communications &
Agenda Item 10.
Community Services, introduced Bill Anderson, representing Economics Research
Associates (ERA), who addressed the Board and presented the results of an analysis of
the Fiscal and Economic Impact of the Port of San Diego. (A copy of the staff report
Commissioner Spane requested and received additional information from Mr.
Anderson regarding the accuracy of the data and how the District’s economic impact
compares to other industries in the region. Commissioner Bixler requested that staff
send a copy of the results to Julie Meier Wright, San Diego Regional Economic
Development Corporation; Jessie Knight, San Diego Regional Chamber of Commerce;
Gary Gallegos, San Diego Association of Governments (SANDAG); Marney Cox,
SANDAG; and the State Lands Commission.
IMC CHEMICALS, INC., WATER STREET, TENTH AVENUE MARINE TERMINAL
Agenda Item 11. Dirk Mathiasen, Director, Maritime Properties & Facilities,
addressed the Board and presented staff recommendations granting conceptual
approval for IMC Chemicals, Inc.’s (IMC) sand aggregate conveyor system project. (A
received clarification from Mr. Mathiasen regarding whether the tariff on sand is the
same as the tariff on IMC current products, and if IMC will be paying the same tariff
that any other tenant would pay. Bruce Hollingsworth, Executive Director, provided
additional information on the settlement agreement with IMC and stated that the
agreement includes sand in their tonnage allowance. Chris Anderson, Vice President,
Operations, addressed the Board and provided a brief history of the settlement
agreement with IMC. In response to an inquiry from Commissioner Bixler regarding
whether approval of this item was time sensitive, Ms. Anderson affirmed approval is
time sensitive to let the District meet its commitment under the settlement agreement.
Commissioner Bixler stated the need to have additional information regarding revenue
projections before approving this item. Chairman Van Deventer requested and received
clarification from Mr. Mathiasen regarding projected revenue. In response to a
comment from Commissioner Davis regarding changing the proposed tariff for IMC, Ms.
August 26, 2003
Page 237
Anderson stated that the item before the Board is only the conceptual approval of the
conveyor system project. Ms. Anderson stated that under the terms of the settlement
agreement, the District could not unreasonably withhold consent of the improvements.
Board adopted RESOLUTION 2003-148 approving IMC’s proposed Project to build a
sand aggregate conveyor system at the Tenth Avenue Marine Terminal, and
determining the Project to be Categorically Exempt under California Environmental
Quality Act (CEQA) Guidelines, Section 15302, Replacement or Reconstruction, by the
AUTHORIZATION TO ENTER INTO SUBGRANT AWARD AGREEMENT WITH
THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY BY THE
CALIFORNIA OFFICE OF HOMELAND SECURITY
and presented staff recommendations accepting grant funds from the Office of
Homeland Security. (A copy of the staff report and presentation are on file in the Office
Board adopted RESOLUTION 2003-149 authorizing Wayne Darbeau, the Vice President,
Administration, of the District to execute for and on behalf of the District, a public
corporation established under the laws of the State of California, any actions necessary
for the purpose of obtaining federal financial assistance under the State Homeland
Security Grant Program, by the following vote: Yeas-Bixler, Compton, Cushman, Davis,
SAN DIEGO AIRCRAFT CARRIER MUSEUM AND U.S. NAVY
Rich Gannon, Asset Manager, Real Estate, addressed the Board and presented
staff recommendations regarding the Navy Pier 11A. (A copy of the staff report and
On motion of Commissioner Spane, seconded by Commissioner Rios, the Board,
with a single vote, adopted ORDINANCES 2260 and 2261 by the following vote: YeasBixler, Compton, Cushman, Davis, Rios, Spane, Van Deventer; Nays-None; ExcusedNone; Absent-None; Abstained- None, as follows:
August 26, 2003
Page 238
ORDINANCE AUTHORIZING THE TERMINATION OF THE PURCHASE AND SALE
AGREEMENT AND JOINT ESCROW INSTRUCTIONS FOR THE TRANSFER OF
PROPERTY KNOWN AS NAVY PIER 11A AND THE CANCELLATION OF ESCROW
Agenda Item 13a. ORDINANCE 2260 authorizing the termination of the
Purchase and Sale Agreement and Joint Escrow Instructions and other necessary
documents related to the transfer of the property known as Navy Pier 11A, located on
the west side of Harbor Drive in the City of San Diego, from the San Diego Aircraft
Carrier Museum, and authorizing the cancellation of escrow, was adopted as indicated
above, “San Diego Aircraft Carrier Museum and U.S. Navy.”
ORDINANCE ACCEPTING QUITCLAIM DEED FROM THE UNITED STATES OF
AMERICA, DEPARTMENT OF THE NAVY
Agenda Item 13b. ORDINANCE 2261 directing the acceptance of a Quitclaim
Deed from the United States of America, acting by and through the Department of the
Navy, for approximately 5.9086 acres of property comprised of Pier 11A and Building 11
located on North Harbor Drive in the City of San Diego, said Quitclaim Deed to be
placed on file in the office of the District Clerk as Document No. 46429, and further
directing the execution of the necessary Certificate of Acceptance on behalf of the
District was adopted as indicated above, “San Diego Aircraft Carrier Museum and U.S.
Navy.”
OFFICER’S REPORT
a. Change Order No. 15 for a credit of $125,000.00 to Contract No. 2000-03 with
General Construction Company for National City Marine Terminal Wharf
Extension.
b. Change Order No. 14 for a credit of $53,338.00 to Contract No. 2002-13 with R.
E. Staite Engineering, Inc. for Maintenance Dredging Berths 10-1 and 10-2,
Tenth Avenue Marine Terminal.
c. Change Order Nos. 16 for a credit of $66,461.57; 17 for $11,800.00; 18 for
$77,500.00 to Contract No. 2002-19 with C. E. Wylie Construction Company for
General Services Facility.
August 26, 2003
Page 239
d. Change Order Nos. 5 for $2,800.00; 6 for $491.00; 7 for $550.00 to Contract No.
2002-53 with Elken Contracting Company for Imperial Beach Pier Utilities
Improvements.
e. Change Order Nos. 3 for $23,296.00; 4 for $6,544.00 to Contract No. 2002-54
with Elken Contracting Company to Replace Domestic Water Main System,
National Distribution Center.
f. Change Order No. 2 for a credit of $4,270.00 to Contract No. 2003-01 with SRM
Contracting and Paving for Major Pavement Repairs Harbor Island and Shelter
Island Tidelands Pavement Management Program.
g. Change Order No. 2 for $612.00 to Contract No. 2003-04 with HTA Construction
for Landscape Renovation Cesar E. Chavez Park.
h. Change Order Nos. 1 for $864.50 and 1 Calendar Day; 2 for $1,313.76 and 1
Calendar Day to Contract No. 2003-07 with Ghassan Construction for Canyon
Path Pedestrian Access Improvements.
i. Change Order No. 6 for $747.50 to Contract No. 2003-13 with Alonso
Construction, Inc. for Café Café Ole Improvements.
announced that the American Public Works Association is currently holding its Annual
Congress in San Diego at the Convention Center.
Agenda Item 16. Commissioner Cushman expressed his concern regarding the
comments made by SDCERS Trustee, Terri Webster, and requested that Chairman Van
Deventer meet with the Chairman of the SDCERS Board regarding those comments and
report back to the Board. Chairman Van Deventer stated that a meeting would be
setup.
Commissioner Spane stated that Commissioner Emeritus Paul Speer expressed a
desire to attend today’s meeting but was unable to do so.
Commissioner Bixler commended staff for the Dock ‘n Dine information provided
to the Board and suggested standardizing the language with the tenants as it relates to
Dock ‘n Dine matters.
Page 240
August 26,2003
Commissioner Rios suggested that the District explore opportunities in assisting
the Crosby Street Park and other less affluent communities.
Chairman Van Deventer expressed his appreciation to the City of Coronado for
hosting today's meeting.
CLOSED SESSION
Aaenda Item 17. Chairman Van Deventer noted there were no additional items
on the open session agenda for discussion, whereupon Duane Bennett, Port Attorney,
announced the closed session item for today's agenda, as follows:
Pursuant to Government Code Section 54956.8
Negotiating Parties: Ray Carpenter and Arthur Engel, Fifth Avenue Landing, a
California General Partnership, and M. Christine Anderson, SDUPD
San Diego Unified Pod District
ATTEST:
Clerk of the Sabhiego Unified Port District
September 9, 2003
Page 241
MINUTES
9:05 a.m. Tuesday, September 9, 2003, in the Board Room at 3165 Pacific Highway,
ROLL CALL
Agenda Item 1.
Present:
Absent:
None.
Excused:
WORKSHOP
MARITIME BUSINESS PLAN AND SALES STRATEGY UPDATE
Agenda Item 3. Ron Popham, Senior Director, Maritime; Stuart Farnsworth,
Project Analyst, Marine Operations; Dirk Mathiasen, Director, Maritime Properties &
Facilities; and Kevin Arner, Director, Maritime Trade Development, addressed the Board
and presented the Maritime Business Plan and Sales Strategy. (A copy of the
presentation is on file in the Office of the District Clerk.)
Dennis Kelly, representing The Pasha Group (Pasha), addressed the Board and
presented the strategic plan for Pasha. Mr. Kelly stated that, to increase efficiency and
revenue, Pasha is exploring plans to build a parking structure and reconfigure property
parcels. (A copy of the presentation is on file in the Office of the District Clerk.)
September 9, 2003
Page 242
clarification regarding whether the vacant Goodrich property would be suitable for the
Bentley automobiles from Mr. Kelley, who stated that National Distribution Center
facility may be more efficient. Mr. Mathiasen stated that Pasha is currently using the
Goodrich property on a short-term basis.
In response to a suggestion from
Commissioner Bixler on the possibility of utilizing the same parking consultant as Pasha,
Bruce Hollingsworth, Executive Director, stated that staff has used the consultant on
District parking issues in the past. Commissioner Davis requested and received
clarification from Mr. Kelly on why the Bentley automobiles are being brought into Los
Angeles and not San Diego. Commissioner Davis requested and received clarification
from Mr. Kelly on the efficiency of Pasha as it relates to capacity and potential
revenues. In response to an inquiry from Commissioner Davis regarding the impact on
the relationship between Pasha and District if Pasha builds a parking garage, Mr. Kelly
stated that Pasha is looking for a long-term agreement with the District.
Chairman Van Deventer requested and received clarification from Mr. Arner, Mr.
Hollingsworth and Mr. Popham regarding the status of the proposed trade mission to
Latin America. Commissioner Cushman stated that the District would be remiss in not
scheduling the trade mission trip to Latin America, and the trip should be scheduled
soon. Chairman Van Deventer stated that the trip should not be pushed back any
further. Mr. Popham stated he would schedule the trip. Commissioner Cushman
requested clarification from Mr. Arner regarding Maritime’s labor strategy.
Commissioner Cushman expressed his concern that the District is not meeting the levels
of production as compared to other Ports. Commissioner Cushman requested that
Chairman Van Deventer send a letter to Pacific Maritime Association (PMA) and Local 29
urging them to address the productivity issues. Commissioner Bixler suggested
including in the letter a comparison to other Ports and requesting how PMA plans to
address these issues.
Commissioner Davis requested and received additional
information from Commissioner Cushman regarding the productivity issues for the
District. In response to Commissioner Davis’ suggestion regarding information relating
to productivity levels of other Ports, Mr. Hollingsworth suggested including this
information in generic terms in the letter.
Board determined that Chairman Van Deventer would send a letter, including generic
information regarding production levels of other ports, to Pacific Maritime Association
and Local 29 requesting how they plan to address productivity issues at the District, by
the following vote: Yeas-Bixler, Compton, Cushman, Davis, Rios, Van Deventer; NaysNone; Excused-Spane; Absent-None; Abstained-None.
September 9, 2003
Page 243
Commissioner discussion continued. Commissioner Bixler expressed concern
with the lack of progress on an alternative rail service for the District. Commissioner
Bixler suggested the Board begin working with the regional government agencies and
rail lines on this issue. Mr. Popham expressed the difficulty of working with
bureaucracies involved in this issue. Chairman Van Deventer requested and received
clarification from Mr. Mathiasen regarding how much additional acreage would be
obtained if staff solicited tenants who would be willing to expand the wharf in exchange
for a long-term lease. Mr. Hollingsworth stated that staff would research Chairman Van
Deventer’s request and report back to the Board. Commissioner Cushman stated that
the San Diego Association of Governments (SANDAG) is key to solving the rail service
issue and requested that Chairman Van Deventer and staff report back to the Board
regarding the status of SANDAG addressing this issue. Commissioner Bixler suggested
including Banister Steel in the reconfiguration of land parcels to assist in addressing the
capacity issues of the District.
Chairman Van Deventer noted that all Commissioners were present, except for
Commissioner Cushman and Commissioner Spane who was excused for personal
reasons. Commissioner Cushman returned to the dais at 10:40 a.m.
PRESENTATION OF THE RESULTS OF THE CRUISE FEASIBILITY STUDY
Agenda Item 4. Rita Vandergaw, Senior Director, Marketing & Communications;
Javier Saunders, Assistant Director, Engineering; and Luis Ajamil, representing
Barmello, Ajamil & Partners, Inc., addressed the Board and presented an assessment of
the B Street Pier and the results of the Cruise Feasibility and Economic Impact Analysis.
(Copies of the presentations are on file in the Office of the District Clerk.) Mr. Saunders
discussed the structural condition of the B Street Pier, including past major
maintenance repairs and renovations, and results of recent inspections. Mr. Ajamil
presented a detailed report on the results of Cruise Feasibility and Economic Impact
Analysis.
Larry Kaye, representing the Cruise Industry Advisory Committee, addressed the
Board and urged them to direct staff to begin identifying creating financing solutions to
address the development needs of the Cruise Ship Terminal.
Carl Winston,
representing San Diego State University, addressed the Board and stated that investing
in the Cruise Ship Terminal is critical to the District’s vision.
Page 244
September 9,2003
Commissioner discussion ensued. I n response to an inquiry from Chairman Van
Deventer regarding why the Lane Field development: was not considered for off-site
parking, Ms. Vandergaw stated staff directed the consultant not to include parking in
the Lane Field project. Chairman Van Deventer expressed his concern regarding the
impact of the redevelopmentof the Cruise Ship Terminal on the tour boat industry. Ms.
Vandergaw stated that the consultant determined that the cruise industry and tour boat
industry are in conflict with each other. Ms. Vandergaw stated that staff is working
with the tour boat operators to identify areas for relocation. Chris Anderson, Vice
President, Operations, stated that staff is meeting witlh the Harbor Excursion operators
later this month regarding relocating the tour boats.
Commissioner Cushman stated the need for more retail in the redevelopment of
the Cruise Ship Terminal. Commissioner Cushman stated the importance of the Cruise
Ship Terminal project being tied to the Land Field redevelopment. Mr. Ajamil discussed
the possibility of joining the two projects. Commissioner Cushman requested staff
come back to the Board with a phasing plan for the Cruise Ship Terminal project,
including raising tariffs immediately.
Bruce Hollingsworth, Executive Director,
commented on staffs direction to the consultant regarding the Lane Field project.
Commissioner Bixler expressed his concern regarding the impact of the Cruise Ship
Terminal redevelopment on pedestrian traffic and suggested raising Harbor Drive to
connect the two projects. Commissioner Compton suggested creating an overpass
connecting both properties.
/-I
&
S retary,
S8n Diego Unified Port District
ATTEST:
/--
September 9, 2003
Page 245
MINUTES
Tuesday, September 9, 2003, in the Board Room at 3165 Pacific Highway, San Diego,
California.
ROLL CALL
Agenda Item 1.
Present:
Absent:
None.
Excused:
APPROVAL OF MINUTES
Agenda Item 2. The minutes submitted for the special meetings of August 26,
2003, were approved on motion of Commissioner Bixler, seconded by Commissioner
Rios.
CONSENT AGENDA
On motion of Commissioner Compton, seconded by Commissioner Rios, the
Board, with a single vote, adopted consent agenda items 4 and 5 (Resolutions 2003-
September 9, 2003
Page 246
150 and 2003-151) by the following vote: Yeas-Bixler, Compton, Cushman, Davis, Rios,
Van Deventer; Nays-None; Excused-Spane; Absent-None; Abstained-None, as follows:
REQUEST FOR PROPOSALS
Agenda Item 4. RESOLUTION 2003-150 waiving the provisions of BPC Policy
110 relating to the notice inviting sealed bids for a purchase in excess of $100,000.00
as provided in said Policy, and authorizing the issuance of a Request for Proposals for
the Design and Construction of a 32-Foot Harbor Police Patrol/Fireboat, the results of
said Request for Proposals will be reported to the Board and a decision made at a later
date regarding authorization of an Agreement, was adopted as part of the consent
agenda.
RATIFICATION OF PRIOR AUTHORIZATION TO EXECUTE A MEMORANDUM
OF UNDERSTANDING WITH THE CITY OF CHULA VISTA
Agenda Item 5. RESOLUTION 2003-151 approving the District entering into a
Memorandum of Understanding with the City of Chula Vista and affirming, confirming
and ratifying the execution of said MOU on behalf of the District as of April 13, 2001, by
Bruce
Hollingsworth,
formerly
Senior
Director,
Business
and
Financial
Services/Treasurer of the District, and now the Executive Director of the District; further
resolving that payments for the expansion of said Enterprise Zone shall continue to be
paid to the City of Chula Vista in accordance with the terms, covenants and conditions
contained in said MOU, and all payments heretofore made to the City of Chula Vista are
hereby affirmed, confirmed and ratified, was adopted as part of the consent agenda.
PRESENTATION
2ND QUARTER OF 2003
Agenda Item 6. Bruce Hollingsworth, Executive Director, announced that Steve
Austin, Associate Engineer, Engineering Design, was chosen as Employee of the Quarter
for the second quarter of 2003. Mr. Austin was recognized for delivering an
outstanding product and consistently displaying a positive attitude.
September 9, 2003
Page 247
ACTION AGENDA
AMENDING CAPITAL DEVELOPMENT PROGRAM, FISCAL YEARS 2003-2007
Agenda Item 7. Rinus Baak, Senior Director, Project Office, addressed the Board
and presented an update on the FY 2003-2007 Capital Development Program (CDP)
and staff recommendations. (A copy of the staff report and presentation are on file in
clarification from Mr. Baak regarding the requested CDP budget revisions.
Commissioner Rios requested and received clarification from Mr. Baak and Bruce
Hollingsworth, Executive Director, regarding the cash flow comparison for FY 2005.
Commissioner Bixler commended staff for the update.
Board adopted RESOLUTION 2003-152 amending the Capital Development Program,
Fiscal Years 2003-2007,to include an additional $205,000.00 for a new total of
$150,133,000.00, said Capital Development Program, Fiscal Years 2003-2007, as
amended, shall be placed on file in the office of the District Clerk as Document No.
46475, by the following vote: Yeas-Bixler, Compton, Cushman, Davis, Rios, Van
Deventer; Nays-None; Excused-Spane; Absent-None; Abstained- None.
PRELIMINARY PROJECT REVIEW FOR PROPOSED DEMOLITION OF FOUR
BUILDINGS AND CONSTRUCTION OF PARKING LOT AT THE CONTINENTAL
MARITIME OF SAN DIEGO, INC. AND DIRECTION TO STAFF TO CONDUCT AN
ENVIRONMENTAL ASSESSMENT
Agenda Item 8. John Wallace, Asset Manager, Real Estate; Karen Beebe of
Burkett & Wong; and Lee Wilson, representing Continental Maritime of San Diego, Inc.,
(Continental Maritime) addressed the Board and presented staff recommendations and
an overview of the proposed demolition of four buildings and construction of a parking
lot at Continental Maritime. (A copy of the staff report and presentation are on file in
Commissioner discussion ensued. Commissioner Cushman requested that staff
coordinate the public art element for this project with Commissioner Emeritus Frank
Urtasun. Commissioner Bixler requested and received clarification from Mr. Wilson
about the designated uses of the piers located at Continental Maritime. Commissioner
September 9, 2003
Page 248
Bixler requested that staff discuss with Continental Maritime the possibility of accessing
District property from the piers. Commissioner Rios requested and received clarification
from Dan Wilkens, Executive Vice President, regarding the name of the park.
Commissioner Rios expressed concern regarding the homeless in the area. Bruce
Hollingsworth, Executive Director, stated that staff is exploring a strategy for dealing
with the homeless on the tidelands. Mr. Hollingsworth requested that Betty Kelepecz,
Chief, Harbor Police, review the status of what action has been taken. In response to
an inquiry from Commissioner Davis regarding whether the parking lot would be
available to the community for large public events, Mr. Wilson stated it would be
available.
Board concurred with staff recommendations as outlined in the staff report, by the
following vote: Yeas-Bixler, Compton, Cushman, Davis, Rios, Van Deventer; NaysNone; Excused-Spane; Absent-None; Abstained- None.
AUTHORIZATION TO EXPEND FUNDS UNDER THE JOINT EXERCISE OF
POWERS AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN DIEGO ACTING THROUGH THE CENTRE CITY DEVELOPMENT
CORPORATION
Agenda Item 9. Karen Weymann, Assistant Director, Real Estate, and Barbara
McKrell, Project Manager, Engineering-Project Management, addressed the Board and
clarification from Ms. Weymann on the compatibility between landside and waterside
uses. Commissioner Rios requested and received clarification from Bruce Hollingsworth,
Executive Director, regarding the differences between this project and the South
Embarcadero Bayside Commercial site. Chairman Van Deventer requested George
Palermo, representing San Diego Harbor Excursion, to comment on the compatibility of
tour boat industry and the cruise ship terminal redevelopment. Mr. Palermo stated that
he has never had a problem operating his boats alongside the cruise ships.
Commissioner Cushman stated he would be voting against this item due to his
concern regarding the lack of financial commitment from the District and the City of San
Diego. In response to an inquiry from Commissioner Bixler regarding plans to increase
capacity so as to allow four cruise ships to berth at the same time, Ms. Vandergaw
September 9, 2003
Page 249
stated that the size of the cruise ships limits the capacity to three ships. Commissioner
Bixler discussed possible areas for relocating the tour boats. Commissioner Bixler
requested and received clarification from Mr. Hollingsworth and Chris Anderson, Vice
President, Operations, regarding what is included in the deliverables, specifically if they
include elevations for this project. Chairman Van Deventer stated the importance of
keeping this project moving forward. Commissioner Davis stated he has confidence
that funding will come through for this project.
On motion of Commissioner Davis, seconded by Commissioner Van Deventer, the
Board adopted RESOLUTION 2003-153 authorizing the expenditure of funds for the
District’s share of the cost for the schematic design services of Ehrenkrantz Eckstut and
Kuhn, said funds shall not exceed the sum of $925,000.00, paid in incremental
payments through April 30, 2004, to develop schematic drawings for the North
Embarcadero Visionary Plan, said funds shall be payable to the Centre City
Development Corporation, by the following vote: Yeas-Bixler, Compton, Davis, Rios,
Van Deventer; Nays-Cushman; Excused-Spane; Absent-None; Abstained- None.
AMENDMENT TO AGREEMENT WITH BOYLE ENGINEERING CORPORATION
Agenda Item 10.
Commissioner Bixler, the Board adopted RESOLUTION 2003-154 authorizing a Second
Amendment to the Agreement with Boyle Engineering Corporation for additional
services in connection with the design and preparation of construction documents for
the Marina Parkway Realignment in Chula Vista, to an amount not to exceed
$272,100.00, said fee to be disbursed in accordance with the terms, covenants and
conditions contained in said Second Amendment to Agreement, on file in the office of
the District Clerk as Document No. 46476, and extending the term of said Agreement,
as amended, to December 31, 2004, by the following vote: Yeas-Bixler, Compton,
Cushman, Davis, Rios, Van Deventer; Nays-None; Excused-Spane; Absent-None;
Abstained- None.
RENTAL REVIEW – CHULA VISTA MARINA / RV PARK, LTD.
Agenda Item 11. John Wallace, Asset Manager, Real Estate, addressed the
Board and presented staff recommendations regarding establishing proposed rent for
Chula Vista Marina/RV Park, Ltd. (A copy of the staff report and presentation are on file
in the Office of the District Clerk.)
September 9, 2003
Page 250
On motion of Commissioner Compton, seconded by Commissioner Bixler, the
Board adopted RESOLUTION 2003-155 establishing the rental covering the tenancy of
Chula Vista Marina/RV Park, Ltd., a California limited partnership, (Lessee) for premises
located on Marina Parkway in the City of Chula Vista, under lease dated November 3,
1981, as assigned and amended, for the five (5) year rental review period commencing
December 1, 2001, and ending November 30, 2006, as more particularly outlined in
Resolution 2003-155, by the following vote: Yeas-Bixler, Compton, Davis, Rios, Van
Deventer; Nays-None; Excused-Spane; Absent-None; Abstained-Cushman.
RENTAL REVIEW – CHLN, INC. EAST HARBOR DRIVE, SAN DIEGO
Agenda Item 12. On motion of Commissioner Bixler, seconded by Commissioner
Cushman, the Board adopted RESOLUTION 2003-156 establishing the rental covering
the tenancy of CHLN, Inc. (Lessee) for premises located at 525 East Harbor Drive in the
City of San Diego, under lease dated November 10, 1981, as assigned, for the Five (5)
year rental review period commencing November 1, 2001, and ending October 31,
2006, as more particularly outlined in Resolution 2003-156, by the following vote:
Yeas-Bixler, Compton, Cushman, Davis, Rios, Van Deventer; Nays-None; ExcusedSpane; Absent-None; Abstained- None.
CONSIDERATION OF LATE CLAIM APPLICATION OF CLAIMANT: DAVID
MALCOLM
Agenda Item 13. Duane Bennett, Port Attorney, stated that the Board is here
today to consider the late claim application of David Malcolm. Mr. Bennett summarized
the late claim application for the Board. Mr. Bennett outlined the guidelines used to
determine whether to grant or deny the late claim application contained in Government
Code Section 911.6. Mr. Bennett stated that Mr. Malcolm and his attorney have been
notified of this proceeding. Mr. Bennett stated that if anyone is here representing Mr.
Malcolm, he would recommend that the Board allow those persons to come before the
Board and be given more time to speak. Mr. Bennett stated that the Board could
accept the late claim application and direct that the claim be brought back for
consideration at a subsequent Board meeting; the Board could deny the late claim
application; or the Board could direct that this matter be brought back for further
consideration. Commissioner Cushman requested and received clarification from Mr.
Bennett regarding what has changed since the Board took action at a previous meeting
to return the claim as being untimely filed.
September 9, 2003
Page 251
Chairman Van Deventer asked if anybody present was representing Mr. Malcolm
and would like to speak to this matter. No one requested to speak. Commissioner
Davis commented on the date that Mr. Malcolm entered his plea in the criminal matter.
Commissioner Bixler requested and received clarification from Mr. Bennett regarding the
definition of “willfully and unlawfully violate the provisions of such law”.
Board denied the Late Claim Application of Claimant and refused to consider the claim
of David Malcolm, by the following vote: Yeas-Bixler, Compton, Cushman, Davis, Rios,
Van Deventer; Nays-None; Excused-Spane; Absent-None; Abstained- None.
Agenda Item 14. Bruce Hollingsworth, Executive Director, announced that at
8:00 AM, Thursday, September 11, 2003 there would be a 9/11 Commemoration Event
at the Administration Building.
Mr. Hollingsworth announced that Tony Heinrichs, Senior Director, Facilities/Chief
Engineer, would be receiving an award for Outstanding Service in a Public Agency by
the American Public Works Association (APWA). Mr. Heinrichs informed the Board that
the District received three awards for projects of the year from APWA.
Mr. Hollingsworth discussed the apparent confusion regarding the filing of semiannual Statement of Economic Interest (Form 700) requirement contained in the
District’s Code of Ethics. Mr. Hollingsworth recommended that at the next Board
meeting an item be placed on the agenda postponing the filing of the semi-annual
changes to Form 700 until a Board workshop is held to discuss this issue. Mr. Bennett
agreed with Mr. Hollingsworth’s recommendation and discussed the difficulty of
interpreting and enforcing the requirement of a semi-annual filing of Form 700.
Commissioner Cushman stated his support to a hold a workshop. Commissioner Davis
suggested expanding the workshop to clarify other issues related to the Code of Ethics.
Agenda Item 15. Commissioner Davis stated that the Broadway Complex
property is available and the District should explore the opportunity to acquire this
September 9,2003
Page 252
property. Chairman Van Deventer stated that the staff has met with the U.S. Navy and
discussed several issues including this one.
CLOSED SESSION
Aaenda Item 16 & 17. Chairman Van Deventer noted there were no additional
items on the open session agenda for discussion, whereupon Duane Bennett, Port
Attorney, announced the closed session items for today's agenda, as follows:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision (b)( 1) of Government
Code Section 54956.9: One Case
CONFERENCE WITH LABOR NEGOTIATOR
District Negotiator: Executive Director
Employee Organizations: Harbor Police Officers Association; California Teamster,
Public Professional & Medical Employees Union Local 911; Unrepresented
Employees; Executive Director; Port Attorney.
AlTEST:
Clerk of the San
Unified Port District
September 23, 2003
Page 253
MINUTES
Tuesday, September 23, 2003, in the Board Room at 3165 Pacific Highway, San Diego,
California.
ROLL CALL
Agenda Item 1.
Present:
Absent:
None.
Excused:
APPROVAL OF MINUTES
Agenda Item 2. The minutes submitted for the special meeting of September 9,
2003, and the regular meeting of September 9, 2003, were approved on motion of
Commissioner Bixler, seconded by Commissioner Rios.
Agenda Item 3. Tony Phillips, representing Alpha Project, addressed the Board
and expressed his gratitude to the District for their support of the Winter Shelter
Program. Mr. Philips presented a plaque to the Board in appreciation for the District‘s
leadership in supporting the Winter Shelter Program.
September 23, 2003
Page 254
CONSENT AGENDA
Chairman Van Deventer announced that item 8 (Resolution granting project
approval for Southwestern Yacht Club to refurbish their existing docks) and item 9a-d
(a. Ordinance establishing a Schedule of Compensation for all Officers and Employees
of the San Diego Unified Port District; b. Ordinance amending Ordinance No. 2252
Entitled, “An Ordinance adopting the Annual Budget for Fiscal Year 2003-2004 and
appropriating the necessary money to operate the San Diego Unified Port District during
said fiscal year; c. Resolution establishing a Classification Directory for 2003-2004,
which implements the results of the classification/compensation study; d. Resolution
amending the Personnel Rules and Regulations to include additional language
concerning administration of unrepresented employees’ salary ranges) would be pulled
for separate discussion and vote.
On motion of Commissioner Bixler, seconded by Commissioner Rios, the Board,
with a single vote, adopted consent agenda items 4 through 7 and 10 (Resolutions
2003-157 through 2003-160 and 2003-164) by the following vote: Yeas-Bixler,
Compton, Cushman, Davis, Rios, Van Deventer; Nays-None; Excused-Spane; AbsentNone; Abstained-None, as follows:
DESIGNATION OF MEETING DATES FOR BOARD OF PORT COMMISSIONERS
FOR THE YEAR 2004
Agenda Item 4. RESOLUTION 2003-157 designating dates for Board Meetings in
the year 2004, as more particularly outlined in Resolution 2003-157, in accordance with
Board of Port Commissioners Policy No. 021, entitled Meetings of the Board of Port
Commissioners, as amended; further resolving that said Board Meetings shall be held at
the Don L. Nay Port of San Diego Building, located at 3165 Pacific Highway, San Diego,
and shall commence at 1:00 P.M.; provided, however, the Board Meeting scheduled for
January 6, 2004, shall be held at the Manchester Grand Hyatt, located at One Market
Place in the City of San Diego and shall commence at 2:00 P.M., was adopted as part of
the consent agenda.
AUTHORIZATION TO ENTER INTO AGREEMENT WITH DAILY DISPOSAL
SERVICES, INC.
Agenda Item 5. RESOLUTION 2003-158 authorizing an Agreement with Daily
Disposal Services, Inc., a California Corporation, to furnish dumpster service for the
Tenth Avenue Marine Terminal and various other District locations, for the three (3)
September 23, 2003
Page 255
year period commencing October 1, 2003, and ending September 30, 2006, subject to
earlier termination, in an amount not to exceed $306,107.09, including taxes, said
funds to be disbursed in accordance with the terms, covenants and conditions
AMENDMENT OF BPC POLICY NO. 110, PROCEDURE FOR THE
ADMINISTRATION OF CONTRACTS AND THE PURCHASING OF SUPPLIES,
MATERIALS AND EQUIPMENT
Policy No. 110, Procedures for the Administration of Contracts and the Purchasing of
Supplies, Materials and Equipment, as amended, a copy of which is on file in the office
of the District Clerk as Document No. 46507, was adopted as part of the consent
agenda.
AUTHORIZATION TO ENTER INTO AGREEMENT WITH RIGGING
INTERNATIONAL
Agenda Item 7. RESOLUTION 2003-160 authorizing an Agreement with Rigging
International, a California corporation, to dismantle and remove the District’s Hitachi
Container Crane and Marathon LeTourneau Rubber Tired Gantry Crane from the
National City Marine Terminal, and further to dispose of said dismantled crane materials
as scrap, for a total fee not to exceed $250,000.00, said fee to be disbursed in
accordance with the terms, covenants and conditions contained in said Agreement, on
file in the office of the District Clerk as Document No. 46508, was adopted as part of
the consent agenda.
CODE OF ETHICS – SEMI-ANNUAL STATEMENTS – POSTPONEMENT OF
FILING DATE
Agenda Item 10. RESOLUTION 2003-164 postponing the filing requirement for
semi-annual statements for members of the Board of Port Commissioners and other
required filers, such filing requirement to be determined at a scheduled workshop;
further determining that said workshop will be held on October 21, 2003, to discuss this
filing requirement and other issues relating to the District’s Code of Ethics, was adopted
as part of the consent agenda.
September 23, 2003
Page 256
SOUTHWESTERN YACHT CLUB, QUALTROUGH STREET
Agenda Item 8. Commissioner Bixler announced that he would be abstaining on
this item due to a possible conflict of interest arising from his ownership of property in
proximity to the Southwestern Yacht Club.
Board adopted RESOLUTION 2003-161 approving Southwestern Yacht Club’s proposed
Project; and determining that the proposed Project is Categorically Exempt under
California Environmental Quality Act (CEQA) Guidelines, Section 15301, Existing
Facilities, and District Resolution 97-191; Categorically Excluded under District Coastal
Development Permit Regulations, Section 8.a., Existing Facilities; and in conformance
with the District’s Master Plan use designation for the area, Commercial – Recreational
Boat Berthing, by the following vote: Yeas- Compton, Cushman, Davis, Rios, Van
Deventer; Nays-None; Excused-Spane; Absent-None; Abstained- Bixler.
DISTRICT EMPLOYEE CLASSIFICATION/COMPENSATION
Bruce Hollingsworth, Executive Director, announced that included in this item is a
4% merit pool to be distributed to those employees in the band system. Chairman Van
Deventer stated the proposed executive benefits would be continued for two weeks.
Board approved the salary ordinance, the 2003-2004 Final Budget, the Class
Specifications, and the Amendment to the Personnel Rules and Regulations, and
thereby with a single vote, adopted Ordinances 2262 and 2263, and Resolutions 2003162 and 2003-163, by the following vote: Yeas- Bixler, Compton, Cushman, Davis,
Rios, Van Deventer; Nays-None; Excused-Spane; Absent-None; Abstained- None, as
follows:
ORDINANCE ESTABLISHING A SCHEDULE OF COMPENSATION FOR OFFICERS
AND EMPLOYEES OF THE SAN DIEGO UNIFIED PORT DISTRICT
Agenda Item 9a. ORDINANCE 2262 approving and adopting the Annual Salary
Ranges for Principal Administrators and Assistants, and Professional, Technical and
General/Clerical, attached thereto as Exhibit B (Exhibit B is on file in the Office of the
District Clerk); and approving and adopting the Salary Schedule by Range and Step for
all Step Employees, except step Peace Officers, attached thereto as Exhibit C (Exhibit C
is on file in the Office of the District Clerk); and approving and adopting the Salary
September 23, 2003
Page 257
Schedule by Range and Step for Peace Officers attached thereto as Exhibit D (Exhibit D
is on file in the Office of the District Clerk); further adopting the Classes of Employment,
attached thereto as Exhibit A (Exhibit A is on file in the Office of the District Clerk), and
ordaining certain other provisions as specifically enumerated in said Ordinance 2262,
was adopted as indicated above, “District Employee Classification/Compensation.”
ORDINANCE AMENDING ANNUAL BUDGET FOR FISCAL YEAR 2003-2004
Agenda Item 9b. ORDINANCE 2263 amending the Annual Budget for Fiscal Year 20032004 by amending the Position Summaries for various Divisions and Departments in
accordance with Exhibit A, attached thereto and by this reference made a part thereof
(Exhibit A is on file in the Office of the District Clerk), and declaring that this Ordinance
is to take effect upon its publication, pursuant to the provisions of Section 21 of the San
Diego Unified Port District Act, was adopted as indicated above, “District Employee
Classification/Compensation.”
ESTABLISHMENT OF DIRECTORY OF CLASS SPECIFICATIONS
Agenda Item 9c. RESOLUTION 2003-162 establishing a Directory of Class
Specifications for all positions, both Classified and Unclassified, within the San Diego
Unified Port District, said Directory of Class Specifications is on file in the office of the
District Clerk as Document No. 46509, further resolving that said Directory of Class
Specifications supersedes all previous Class Specifications presently on file in the office
of the District Clerk, was adopted as indicated above, “District Employee
AMENDMENT TO PERSONNEL RULES AND REGULATIONS
Agenda Item 9d. RESOLUTION 2003-163 amending the Personnel Rules and
Regulations of the San Diego Unified Port District as more particularly outlined in
Resolution 2003-163, was adopted as indicated above, “District Employee
September 23, 2003
Page 258
PRESENTATION
ANNUAL PRESENTATION BY THE CABRILLO FESTIVAL, INC.
Agenda Item 11. Juan Rodriguez Cabrillo and other representatives from the
Cabrillo Festival thanked the Board for their support and invited them to this year’s
festival on September 26-28, 2003.
PRESENTATIONS BY CALIFORNIA CUSTOM DOCKS CORPORATION AND PIER
32 MARINA GROUP, LLC OF DEVELOPMENT PROPOSALS FOR THE NATIONAL
CITY MARINA SITE
Agenda Item 12. Roy Nail, Asset Manager, Real Estate, addressed the Board and
presented an update on the National City Marina Site project. The following proposers
addressed the Board with their proposals: California Custom Docks Corporation,
represented by Jim Uhl and Gilbert Labrie, and Pier 32 Marina Group, LLC, represented
by Eric Leslie, John Grimstad, Eric Noegel, and Gordon Carrier. (A copy of the staff
report and presentations are on file in the Office of the District Clerk.)
Commissioner discussion ensued. Commissioners Bixler and Cushman requested
and received clarification from Mr. Uhl regarding their proposed financing for this
project. In response to an inquiry from Commissioner Bixler regarding the rationale for
not including fuel docks in the Request for Proposals process, Dan Wilkens, Executive
Vice President, stated the fuel docks are not currently included in the entitlement
process. Commissioner Bixler requested and received clarification from Mr. Uhl
regarding how they plan to involve the community in the marina. Commissioner Rios
requested and received further clarification from Mr. Uhl regarding any firm
commitments received for the financing of this project. In response to an inquiry from
Commissioner Bixler regarding the participation of California Custom Docks Corporation
in the District’s Dock ‘n Dine project, Mr. Uhl stated they are committed to working with
District.
In response to Commissioner Bixler’s suggestion of expanding the proposed deck
contained in the Pier 32 Marina Group proposal, Mr. Carrier stated it could be easily
accommodated. Commissioner Cushman requested and received clarification from Mr.
Noegel regarding the material used for their proposed docks. In response to an inquiry
from Commissioner Cushman regarding the proposed financing for this project, Mr.
Grimstad stated that the project would be self-funded. Commissioner Cushman
discussed the proposed percentage rental rates for the Pier 32 Marina Group proposal
September 23, 2003
Page 259
and establishing equity among all the marinas. Mr. Grimstad stated that this project is
economically challenged and stated that he has submitted his best proposal possible to
still make it economically feasible. Bruce Hollingsworth, Executive Director, stated that
today the proposers are only presenting their concepts and staff will bring back their
recommendation and the proposed terms of the agreement for approval at a future
Board meeting. Commissioner Bixler requested and received clarification from Mr.
Leslie regarding any provision in their proposal for boat launchings, including hoist.
Chairman Van Deventer stated the importance of accessibility to water from this area.
Chairman Van Deventer stated this is a challenging project.
PRESENTATION OF FOLLOW-UP REPORT ON THE POSITIVE IMPACTS TO THE
DISTRICT FROM THE SAN DIEGO SUPER BOWL XXXVII (JANUARY 2003)
the Board and presented a follow-up report on the positive impact the San Diego Super
Bowl XXXVII had for the District. (A copy of the staff report and presentation are on
file in the Office of the District Clerk.) Ky Snyder, President, San Diego Internal Sports
Council, addressed the Board and expressed his gratitude for the District’s support. Mr.
Snyder presented the game ball from the Super Bowl to the Board. Commissioner
Cushman commended Mr. Snyder and District staff for their work and commented on
the benefits the District received from the Super Bowl. Chairman Van Deventer
discussed the impact of the Super Bowl on the whole region.
ACTION AGENDA
AUTHORIZATION TO ENTER INTO AGREEMENT WITH CITY OF CORONADO
Agenda Item 14. Jeff McEntee, CFO/Treasurer, addressed the Board and
file in the Office of the District Clerk.) In response to an inquiry from Commissioner
Rios regarding the long-term plans for providing safety services to member cities, Bruce
Hollingsworth, Executive Director, stated that in an effort to standardize the
agreements and reduce costs, the staff would work with member cities to explore
alternatives regarding municipal services.
On motion of Commissioner Bixler, seconded by Commissioner Compton, the
Board adopted RESOLUTION 2003-165 authorizing an Agreement with the City of
September 23, 2003
Page 260
Coronado (City), a municipal corporation, in order for the City to provide police and fire
protection services to non-ad valorem taxpaying property on San Diego Unified Port
District (District) property located in said City, for the three (3) year period commencing
July 1, 2003, and ending June 30, 2006, subject to earlier termination, said services to
be provided in accordance with the terms, covenants and conditions contained in said
Agreement, on file in the office of the District Clerk as Document No.46510, in the
event that the terms, covenants and conditions of an agreement for police and fire
services for the period commencing July 1, 2006, are not finalized prior to June 30,
2006, said Agreement may be extended for an additional one (1) year term in
accordance with Paragraph 3 of said Agreement, further determining that the District
shall pay to the City of Coronado for said services a sum not to exceed $476,551.00 for
Fiscal Year 2003-04, a sum not to exceed $514,675.00 for Fiscal Year 2004-05, and a
sum not to exceed $530,115.00 for Fiscal Year, 2005-06, by the following vote: YeasBixler, Compton, Cushman, Davis, Rios, Van Deventer; Nays-None; Excused-Spane;
Absent-None; Abstained- None.
CITY OF IMPERIAL BEACH
Jeff McEntee, CFO/Treasurer, addressed the Board and presented staff
Board, with a single vote, adopted Resolutions 2003-166 through and including 2003168, by the following vote: Yeas- Bixler, Compton, Cushman, Davis, Rios, Van
Deventer; Nays-None; Excused-Spane; Absent-None; Abstained- None, as follows:
AUTHORIZATION TO ENTER INTO AGREEMENT WITH CITY OF IMPERIAL
BEACH FOR LIFEGUARD SERVICES
Agenda Item 15a. RESOLUTION 2003-166 authorizing an Agreement with the
City of Imperial Beach (City), a municipal corporation, in order for the City to provide
personnel, supervision, equipment, necessary materials and storage facilities to provide
beach lifeguard services on San Diego Unified Port District (District) property located in
said City, for the Three (3) year period commencing July 1, 2003, and ending June 30,
2006, subject to earlier termination, said services to be provided in accordance with the
terms, covenants and conditions contained in said Agreement, on file in the office of the
District Clerk as Document No. 46511, in the event that the terms, covenants and
conditions of an agreement for beach lifeguard services for the period commencing July
September 23, 2003
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1, 2006, are not finalized prior to June 30, 2006, said Agreement may be extended for
an additional one (1) year term in accordance with Paragraph 3 of said Agreement,
further determining that the District shall pay to the City of Imperial Beach for said
services a sum not to exceed $947,915.00 for Fiscal Year 2003-04, a sum not to exceed
$989,925.00 for Fiscal Year 2004-05, and a sum not to exceed $1,039,421.00 for Fiscal
Year, 2005-06; further that the District shall fund a reserve for self-insured claim costs
of the City of Imperial Beach, as follows: a self-insured retention of $100,000.00 per
occurrence for such claims and a reserve for the self-insured claim costs in an amount
not to exceed $300,000.00 in accordance with Paragraph 2.C. of said Agreement, was
adopted as indicated above, “City of Imperial Beach.”
BEACH FOR POLICE AND FIRE SERVICES
Agenda Item 15b. RESOLUTION 2003-167 authorizing an Agreement with the
City of Imperial Beach (City), a municipal corporation, in order for the City of Imperial
Beach to provide police, fire and emergency medical services to non-ad valorem
taxpaying property on San Diego Unified Port District (District) property located in said
City, for the Three (3) year period commencing July 1, 2003, and ending June 30, 2006,
subject to earlier termination, said services to be provided in accordance with the
District Clerk as Document No. 46512, in the event that the terms, covenants and
conditions of an agreement for police and fire services for the period commencing July
1, 2006, are not finalized prior to June 30, 2006, said Agreement may be extended for
an additional one (1) year term in accordance with Paragraph 3 of said Agreement,
further determining that the District shall pay to the City of Imperial Beach for said
services a sum not to exceed $1,041,517.00 for Fiscal Year 2003-04, a sum not to
exceed $1,178,480.00 for Fiscal Year 2004-05, and a sum not to exceed $1,258,157.00
for Fiscal Year, 2005-06, was adopted as indicated above, “City of Imperial Beach.”
BEACH FOR ANIMAL CONTROL SERVICES
Agenda Item 15c. RESOLUTION 2003-168 authorizing an Agreement with the
City of Imperial Beach (City), a municipal corporation, in order for the City to provide
animal control services on San Diego Unified Port District (District) property located in
said City, for the Three (3) year period commencing July 1, 2003, and ending June 30,
2006, subject to earlier termination, said services to be provided in accordance with the
September 23, 2003
Page 262
District Clerk as Document No. 46513, and the District shall pay to the City of Imperial
Beach for said services a sum not to exceed $20,968.00 for Fiscal Year 2003-04, a sum
not to exceed $22,038.00 for Fiscal Year 2004-05, and a sum not to exceed $23,100.00
for Fiscal Year, 2005-06, was adopted as indicated above, “City of Imperial Beach.”
ORDINANCE AMENDING OPTION TO LEASE AGREEMENT BETWEEN THE SAN
DIEGO UNIFIED PORT DISTRICT AND SAN DIEGO AIRCRAFT CARRIER
MUSEUM, A CALIFORNIA NON-PROFIT PUBLIC BENEFIT CORPORATION, DBA
U.S.S. MIDWAY
Agenda Item 16. Rich Gannon, Asset Manager, Real Estate, addressed the Board
and presented staff recommendations. (A copy of the staff report and presentation are
on file in the Office of the District Clerk.) Commissioner Cushman indicated that the
proposed parking rate should be consistent with rates charged at other lots.
Board adopted ORDINANCE 2264 amending the Option to Lease Agreement dated
October 8, 2002, between the San Diego Unified Port District and the San Diego Aircraft
Carrier Museum, a California Non-Profit Public Benefit Corporation, dba U.S.S. Midway,
in accordance with the Agreement for Amendment of Option to Lease Agreement,
Amendment No. 1, on file in the office of the District Clerk as Document No. 46514, by
the following vote: Yeas-Bixler, Compton, Cushman, Davis, Rios, Van Deventer; NaysNone; Excused-Spane; Absent-None; Abstained- None.
AUTHORIZATION TO ENTER INTO AGREEMENT WITH CARPI & CLAY
GOVERNMENT RELATIONS AND THOMAS WALTERS & ASSOCIATES, INC.
and presented staff recommendations regarding Washington, D.C. legislative
representation for the District. (A copy of the staff report and presentation are on file
in the Office of the District Clerk.) Mr. Wilkens stated that assistance with the base
closure process, known as Base Realignment and Closure (BRAC), is such a specialized
area and would be better served with different consultant.
Commissioner discussion ensued. Commissioner Davis suggested obtaining a
lobbyist that could represent the District in Washington, D.C., as well as provide
assistance with BRAC. Mr. Wilkens stated that the services of a lobbyist to address
both areas for the District would be at a much higher cost. Mr. Wilkens recommended
retaining a different lobbyist to handle the Navy issues. Commissioner Davis stated he
September 23, 2003
Page 263
had received an e-mail from Commissioner Spane which stated that he was not in full
support of retaining Carpi & Clay. In response to an inquiry from Commissioner Davis
regarding whether this item was time sensitive and could be brought back to the Board
for approval at a future Board meeting, Mr. Wilkens stated he could extend the current
contract on month-to-month basis. Commissioner Cushman stated that the legislation
representation and BRAC issues are two very specialized issues. Commissioner
Cushman stated his support for staff’s recommendation and the importance of the
District’s involvement in the BRAC process.
Chairman Van Deventer suggested, as part of the motion, directing staff to
investigate retaining a lobbyist to handle the BRAC issues. Commissioner Cushman
suggested not adding that item to the motion. Commissioner Cushman suggested that
staff contact the City of San Diego regarding the possibility of working together with
regards to BRAC. Commissioner Bixler requested that the issue of the Army Corp of
Engineers turning over permitting authority at the pier headline to the District be
included in the work program for Carpi & Clay.
Board adopted RESOLUTION 2003-169 authorizing an Agreement with Carpi & Clay
Government Relations, a California partnership, and Thomas Walters & Associates, Inc.
a Virginia corporation, jointly, to advise and represent the District before Members of
Congress, the Executive Branch and other officials of the Federal Government on
matters dealing with legislation, executive or regulatory action or other pertinent issues,
for a One (1) Year period commencing October 1, 2003, and ending September 30,
2004, subject to earlier termination, for total compensation not to exceed $73,000.00,
said funds to be expended in accordance with the terms, covenants and conditions
46515, by the following vote: Yeas-Bixler, Compton, Cushman, Davis, Rios, Van
September 23, 2003
Page 264
OFFICER’S REPORT
a. Change Order Nos. 18 for $84,600.52; and 19 for $210,000.00 to Contract No.
2000-03 with General Construction Company for National City Marine Terminal
Wharf Extension.
b. Change Order Nos. 10R for $4,920.00; and 19 for $113,017.00 to Contract No.
2002-19 with C. E. Wylie Construction Company for General Services Facility.
c. Change Order No. 19 for $1,273.00 and 26 Calendar Days to Contract No. 200221 with douglas e. barnhart, inc. for Cruise Ship Terminal Security and Interior
Improvements.
d. Change Order Nos. 1 for $16,280.00 and 14 Calendar Days; and 2 for 7 Calendar
Days to Contract No. 2002-50 with Benold Construction, Inc. for G Street Slip
Repairs.
e. Change Order Nos. 3 for $471.00 and 1 Calendar Day; and 5 for $276.00 and 1
Calendar Day to Contract No. 2003-07 with Ghassan Construction for Canyon
Path Pedestrian Access Improvements.
f. Change Order No. 1 for $5,000.00 and 30 Calendar Days to Contract No. 200312 with VCI Telcom Inc. for 10” Fire Main and Underground Improvements South
Campus Property.
District is sponsoring a three-day vulnerability assessment training for the region,
Threat and Risk Assessment for Weapons of Mass Destruction, on September 23-25,
2003. The three-day course will be provided at no cost to the District.
Agenda Item 20. Chairman Van Deventer provided a brief update on the Bob
Hope Memorial.
September 23,2003
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Sad Diego Unified Port district
ATEST:
-I,
Clerk of the S a n N g o Unified Port District
October 7, 2003
Page 266
MINUTES
Tuesday, October 7, 2003, in the Board Room at 3165 Pacific Highway, San Diego,
California.
ROLL CALL
Agenda Item 1.
Present:
McEntee.
Absent:
None.
Excused:
None.
APPROVAL OF MINUTES
Agenda Item 2. The minutes submitted for the regular meeting of September
23, 2003 were approved on motion of Commissioner Davis, seconded by Commissioner
Bixler.
CONSENT AGENDA
Commissioner Cushman requested that item 9 (Resolution Amending Executive
and Employee Benefits, including Salary of President/CEO) be pulled for separate
October 7, 2003
Page 267
through 2003-172 and Ordinances 2265 through 2267) by the following vote: YeasBixler, Compton, Cushman, Davis, Rios, Spane, Van Deventer; Nays-None; ExcusedNone; Absent-None; Abstained-None, as follows:
AUTHORIZATION TO NEGOTIATE AGREEMENT WITH BLAYLOCK
ENGINEERING GROUP
Agenda Item 4. RESOLUTION 2003-170 authorizing District staff to negotiate
with Blaylock Engineering Group for purposes of developing terms, covenants,
conditions and costs necessary for professional structural engineering services for the
Rehabilitation of Pier 11A (former United States Navy Fleet and Industrial Supply Center
Pier), San Diego; further resolving that results of said negotiations will be reported to
the Board and a decision made at a later date regarding authorization of an agreement,
ORDINANCE AUTHORIZING AN OPTION TO LEASE AGREEMENT WITH SUN
HARBOR MARINA
Agenda Item 5. ORDINANCE 2265 granting an Option to Lease Agreement and
authorizing the execution of said Option to Lease Agreement with Sun Harbor Marina, a
California general partnership, to lease certain District premises of approximately
65,547 square feet of land area and approximately 147,919 square feet of water area at
5104 North Harbor Drive in the City of San Diego, and a temporary parcel of
approximately 6,081 square feet of water area located contiguous and to the east of
5104 North Harbor Drive in the City of San Diego, for the purposes of a recreational
marina consisting of approximately Ninety Four (94) boat slips, as more particularly
described in Ordinance 2265; the Option to Lease Agreement is for a term of Seven (7)
Months commencing September 1, 2003, and ending on March 31, 2004, which term
may be extended by written agreement of the parties, and said Option to Lease
Agreement is subject to earlier termination in accordance with the terms, covenants
and conditions contained therein, on file in the office of the District Clerk as Document
No. 46564; further, upon timely performance and exercise of said Option to Lease
Agreement, directing the execution of the Lease with Sun Harbor Marina, a California
general partnership, which is attached to said Option to Lease Agreement; this
Ordinance shall take effect on the 31st day from its passage by the Board of Port
Commissioners; provided, however, in the event Sun Harbor Marina does not satisfy the
October 7, 2003
Page 268
conditions set forth in Paragraph 4 of the Option to Lease Agreement, entitled
Conditions Precedent, said Option to Lease Agreement shall be null and void and of no
further force of effect, was adopted as part of the consent agenda.
ORDINANCES GRANTING EASEMENTS TO THE CITY OF SAN DIEGO
Agenda Item 6abc. ORDINANCE 2266 approving and granting the Easement
between the San Diego Unified Port District and the City of San Diego, a municipal
corporation, for the purposes of construction, operation, maintenance, repair,
replacement and inspection of public sewer facilities, and incidents and appurtenances
thereto, for approximately 3,322 square feet of tideland area located between Harbor
Island Drive and North Harbor Drive in the City of San Diego, on file in the office of the
District Clerk as Document No. 46565; and directing the execution of said Easement
with the City of San Diego, was adopted as part of the consent agenda.
ORDINANCE 2267 approving and granting the Easement between the San Diego
Unified Port District and the City of San Diego, a municipal corporation, for the purposes
of construction, operation, maintenance, repair, replacement and inspection of public
sewer facilities, and incidents and appurtenances thereto, for approximately 2,350
square feet of tideland area located south of Harbor Island Drive in the City of San
Diego, on file in the office of the District Clerk as Document No. 46566; and directing
the execution of said Easement with the City of San Diego, was adopted as part of the
consent agenda.
AUTHORIZATION TO ENTER INTO AGREEMENTS WITH P&D
ENVIRONMENTAL, PBS&J, AND MOONEY & ASSOCIATES
Agenda Item 7. RESOLUTION 2003-171 authorizing Agreements with P&D
Environmental, PBS&J, and Mooney & Associates to provide Environmental Consulting
Services, on an as-needed basis, as determined by the District, for an aggregate fee not
to exceed $230,000.00, for a period of One (1) Year, commencing on the date of
execution of said Agreements, in accordance with the terms, covenants and conditions
contained in said Agreements, subject to earlier termination, provided, further that said
Agreements may be extended for an additional One (1) year term at the sole discretion
of the District, said Agreements are on file in the office of the District Clerk as
Document Nos. 46567, 46568 and 46569, was adopted as part of the consent agenda.
October 7, 2003
Page 269
AUTHORIZATION TO ENTER INTO AGREEMENTS WITH BROWN AND
CALDWELL; D-MAX ENGINEERING, INC.; MEC ANALYTICAL SYSTEMS, INC.;
PBS&J, AND URS CORPORATION
Agenda Item 8. RESOLUTION 2003-172 authorizing Agreements with Brown and
Caldwell; D-Max Engineering, Inc.; MEC Analytical Systems, Inc.; PBS&J, and URS
Corporation to provide Stormwater Management Consulting Services, on an as-needed
basis, as determined by the District, for an aggregate fee not to exceed $200,000.00,
for a period of One (1) Year, commencing on the date of execution of said Agreements,
in accordance with the terms, covenants and conditions contained in said Agreements,
on file in the office of District Clerk as Document Nos. 46570, 46571, 46572, 46573 and
EXECUTIVE AND EMPLOYEE BENEFITS
Agenda Item 9. Commissioner Cushman stated his support for the proposed
benefits for the Executive Director and Port Attorney, however he stated that the
proposed $750 per month car allowance for the Board was excessive.
On motion of Commissioner Spane, seconded by Commissioner Rios, the Board
adopted RESOLUTION 2003-173 amending the Employment Agreements of the
Executive Director and the Port Attorney to include the following: i) an increase in car
allowance to $750.00 per month, and ii) an increase in life insurance from two (2) times
their annual salary to two and one-half (2½) times their annual salary; further
authorizing and directing the establishment of a 401(a) Program for executive
management (Executive Director; Port Attorney; Executive Vice President; Vice
President, Administration/CAO/District Clerk; Vice President, Operations/COO, and
Treasurer/CFO) including a $1,000.00 per year District contribution; and authorizing
and directing the establishment of a Long-Term Care Program for all District employees,
at employee expense, by the following vote: Yeas-Bixler, Compton, Cushman, Davis,
Rios, Spane, Van Deventer; Nays-None; Excused-None; Absent-None; Abstained-None.
October 7, 2003
Page 270
PRESENTATION
PRESENTATION OF THE DISTRICT’S EQUAL OPPORTUNITY MANAGEMENT
(FY 2003) ANNUAL REPORT
Agenda Item 10. Shirley Grothen, Director, Equal Opportunity Management
(EOM), addressed the Board and presented the District’s EOM FY 2003 Annual Report.
(A copy of the staff report and presentation are on file in the Office of the District
Clerk.) Ms. Grothen reported on the strategy and business plan for EOM including the
Contracting Opportunities Center and the Small Business Enterprise Program.
Commissioner discussion ensued. Commissioner Cushman commended staff for
the report and commented on the positive impact of collaborating with the San Diego
Hispanic Chamber of Commerce on the Diverse Emerging Vendor Outreach (DEVO). In
response to an inquiry from Commissioner Bixler regarding the impact if Proposition 54
passes on EOM programs, Ms. Grothen stated that if the proposition passes, the data
that is collected and reported would be extremely minimized. Chairman Van Deventer
stressed the importance of the Summer Student Worker program.
ACTION AGENDA
AWARD OF CONTRACT 2003-10R TO CHULA VISTA ELECTRIC COMPANY FOR
PORT-WIDE AND NATIONAL CITY MARINE TERMINAL SECURITY
ENHANCEMENT PROJECTS
addressed the Board and presented staff recommendations for Port-Wide Security
Enhancement projects. (A copy of the staff report and presentation are on file in the
On motion of Commissioner Compton, seconded by Commissioner Cushman, the
Board adopted RESOLUTION 2003-174 adopting the Plans and Specifications for Project
No. SD2042MC, Port-Wide and National City Marine Terminal Security Enhancement
Projects, commonly known as District Construction Contract 2003-10R; further
accepting the low bid of Chula Vista Electric Company, in an amount not to exceed
$1,397,547.01, based upon prices set forth in the bid proposal, in accordance with Bid
Schedules A and B, for Port-Wide and National City Marine Terminal Security
Enhancement Projects, and authorizing and directing the execution of Contract 2003-
October 7, 2003
Page 271
10R with Chula Vista Electric Company for the performance of said work, by the
CLOSED SESSION
Agenda Items 18, 19 and 20. Chairman Van Deventer stated that the Board
would adjourn to closed session before the continuation of the Action Agenda,
whereupon Duane Bennett, Port Attorney, announced the closed session items for
Negotiating Parties: Ray Carpenter and Arthur Engel, Fifth Avenue Landing, a
California General Partnership, M. Christine Anderson, SDUPD
Significant Exposure to Litigation Pursuant to Subdivision (b)(1) of Government
Pursuant to Subdivision (c) of Government Code Section 54956.9 - One Case
On motion of Commissioner Bixler, seconded by Commissioner Davis, the Board
voted to adjourn to closed session, by the following vote: Yeas-Bixler, Compton,
Abstained-None.
OPEN SESSION
After the closed session, the Board reconvened in open public session at 2:35
p.m. Duane Bennett, Port Attorney, reported that on Item 18 (Conference with Real
Property Negotiator) and Item 19 (Conference with Legal Counsel – Anticipated
Litigation), the Board gave direction that no formal action was necessary. Mr. Bennett
announced regarding Item 20 (Conference with Legal Counsel – Initiation of Litigation),
October 7, 2003
Page 272
the Board authorized, by a 7-0 vote, the filing of a Complaint with the Federal Maritime
Commission against the Pacific Maritime Association as to allocation of labor at the Port
of San Diego. The Board also authorized, by a 7-0 vote, the filing of a legal action in
any Court of competent jurisdiction against the Pacific Maritime Association, as
determined by the Port Attorney.
CONTINUANCE OF ACTION AGENDA
HILTON SAN DIEGO CONVENTION CENTER, LLC / FIFTH AVENUE LANDING
Karen Weymann, Assistant Director, Real Estate, and Randa Coniglio, Senior
Asset Manager, Real Estate, addressed the Board and presented staff
of the District Clerk.) Ray Carpenter and Art Engle, representing Fifth Avenue Landing,
LLC, addressed the Board and discussed the design aspects and financing of the
proposed Spinnaker Hotel.
clarification from Ms. Coniglio regarding where the super yachts would be located under
the proposed project. Commissioner Spane requested and received clarification from
Ms. Coniglio and Bruce Hollingsworth, Executive Director, regarding the status and the
impact of the Campbell Shipyard sediment remediation on this project.
ORDINANCE AMENDING OPTION TO LEASE AGREEMENT BETWEEN THE
DISTRICT AND HILTON SAN DIEGO CONVENTION CENTER, LLC
Agenda Item 12a.
Commissioner Bixler, the Board adopted ORDINANCE 2268 amending the Option to
Lease Agreement dated August 6, 2002, between the District and Hilton San Diego
Convention Center, LLC, a Delaware limited liability company, in accordance with the
Agreement for Amendment of Option Agreement, Amendment No. 1, on file in the
Perry Dealy, representing Manchester Resorts, addressed the Board and stated
that complex projects such as this one can be built without rent concessions or financial
assistance. Mr. Dealy stated that it would not be fair for the District to grant rent
concession for the Conrad Spinnaker Hotel project.
October 7, 2003
Page 273
Jef Eatchel, representing Hotel Employees & Restaurant Employees Union Local
30, addressed the Board, and stated his support for the Conrad Spinnaker Hotel project.
Commissioner discussion continued.
Commissioner Bixler regarding the value of the public improvements for this project,
Ms. Weymann stated the preliminary estimate is $8.1 million. Ms. Weymann stated
there has been participation from the District for public improvements for the
Manchester Resorts Marriott project. Commissioner Rios commented that the 8%
interest rate that will be paid by the District to Fifth Avenue Landing on the declining
balance of the $8 million dollar reimbursement to Fifth Avenue Landing for
extraordinary leasehold improvements is high and that an interest rate of 5% maybe
more appropriate. Tom Marshall, Asset Manager, Real Estate, Ms. Weymann and Mr.
Hollingsworth provided additional information on the negotiating process for the
proposed rate. Chris Anderson, Vice President, Operations, stated that the proposed
interest rate is not unreasonable for a commercial loan.
ASSIGNMENT AND ASSUMPTION OF LEASE FROM FIFTH AVENUE LANDING, A
CALIFORNIA GENERAL PARTNERSHIP, TO FIFTH AVENUE LANDING, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY
Agenda Item 12b. On motion of Commissioner Cushman, seconded by
Commissioner Spane, the Board adopted RESOLUTION 2003-175 consenting to the
Assignment and Assumption of Lease document, on file in the office of the District Clerk
as Document No. 46576, for premises located bayward of Convention Way and Marina
Park Way in the City of San Diego, from Fifth Avenue Landing, a General Partnership, to
Fifth Avenue Landing, LLC, a California limited liability company, covering a lease dated
October 9, 1984, as assigned and amended, subject to express conditions as more
particularly outlined in Resolution 2003-175, including the execution of a Guaranty by
Raymond Allen Carpenter and Arthur Edward Engel, the main principals of Fifth Avenue
Landing, LLC, in accordance with the terms, covenants and conditions contained
therein, said Guaranty is on file in the office of the District Clerk as Document No.
46579, by the following vote: Yeas-Bixler, Compton, Cushman, Davis, Rios, Spane, Van
October 7, 2003
Page 274
ORDINANCE AUTHORIZING AN OPTION AGREEMENT WITH FIFTH AVENUE
LANDING, LLC
Agenda Item 12d.
Commissioner Bixler, the Board adopted ORDINANCE 2270 granting an Option
Agreement and authorizing the execution of said Option Agreement with Fifth Avenue
Landing, LLC, a California limited liability company, to lease certain District premises of
approximately 375,082 square feet of tideland and water area, located on the south
side of Convention Way, west of Marina Park Way, in the City of San Diego, for the
purposes of a hotel that meets or exceeds the service quality standards of a Conrad
Hotel and related activities, in accordance with Paragraph 5 of said Option Agreement,
an additional water area of approximately 207,600 square feet (Option Parcel) may be
included in said Option Agreement if certain terms and conditions are fulfilled by Fifth
Avenue Landing, LLC; the Option Agreement is for a term of Two (2) years commencing
November 1, 2003, and ending on October 31, 2005, provided, however, said term may
be extended to April 30, 2007, and said Option Agreement is subject to earlier
termination in accordance with the terms, covenants and conditions contained therein,
on file in the office of the District Clerk as Document No. 46578; further directing the
execution of the Lease with Fifth Avenue Landing, LLC, which is attached to said Option
Agreement, upon timely performance and exercise of said Option Agreement, by the
FIFTH AVENUE LANDING, LLC
Agenda Item 12c.
Commissioner Davis, the Board adopted ORDINANCE 2269 amending the Lease
Agreement dated October 9, 1984, between the District and Fifth Avenue Landing, LLC,
a California limited liability company, in accordance with the Agreement for Amendment
of Lease, Amendment No. 10, on file in the office of the District Clerk as Document No.
46577, by the following vote: Yeas-Bixler, Compton, Cushman, Davis, Rios, Spane, Van
PROPOSED HOTEL DEVELOPMENT BY FIFTH AVENUE LANDING, LLC
Agenda Item 12e.
Commissioner Rios, the Board adopted RESOLUTION 2003-176 waiving that portion of
said BPC Policy 609 requiring new development on leasehold properties valued over
October 7, 2003
Page 275
$1,000,000.00 to incorporate a public art plan in its design submittals and provide
public artwork(s) equal to 1% of the project’s total proposed development budget
presented to the Board of Port Commissioners, by the following vote: Yeas-Bixler,
Commissioner Cushman congratulated the Fifth Avenue Landing team and staff
on the progress of their project. Chairman Van Deventer commended all those
associated with this project for their hard work.
EXCLUSIVE NEGOTIATION AGREEMENT WITH PIER 32 MARINA GROUP, LLC
Commissioner Cushman stated his support for the project, however suggested to
staff that the proposed 90% is too high for the stabilization of the percentage rental
rate. Chairman Van Deventer recognized former National City Mayor, George Waters,
for his efforts on this project. Commissioner Bixler stated he was excited about the
project, however he was disappointed that the project represents an origin not a
destination. Commissioner Bixler stated he wants the project to provide more for the
non-marina people. Chairman Van Deventer provided a brief history of the project and
stated the project will be a great benefit for National City.
On motion of Commissioner Van Deventer, seconded by Commissioner Spane,
the Board adopted RESOLUTION 2003-177 authorizing and directing the execution of
an Exclusive Negotiating Agreement (Agreement) with Pier 32 Marina Group, LLC, a
California limited liability company, to negotiate an Option Agreement and Lease
covering approximately 3.66 acres of land, plus approximately 16.67 acres that will be
dredged by the District to a water depth of approximately minus eleven (-11) feet Mean
Lower Low Water (MLLW), located on 32nd Street at the foot of Marina Way in the City
of National City, for the design, construction and operation of a marina facility
comprised of approximately 220 to 250 slips, and to provide needed services to the
boating public and the public in general; the period of negotiation shall be for Sixty (60)
days from the date of said Agreement, provided, however, said Agreement is subject to
extension thereof in accordance with the terms, conditions and covenants contained in
said Agreement to be placed on file in the office of the District Clerk as Document No.
46580; in the event the parties desire to enter into an Option Agreement to lease and
October 7, 2003
Page 276
develop said property, the Option Agreement shall expeditiously be presented to the
Board for its consideration, provided, however, the Board, at its sole and absolute
discretion, has the right to not grant any Option Agreement and, in that event, the
Exclusive Negotiating Agreement shall automatically and immediately be terminated;
further, Pier 32 Marina Group, LLC has submitted a good faith refundable deposit
(deposit) of $25,000.00 to the District, and said deposit shall become a good faith
refundable deposit under said Agreement and shall be subject to the terms, covenants
and conditions contained therein, by the following vote: Yeas-Bixler, Compton,
Abstained-None.
NATIONAL STEEL AND SHIPBUILDING COMPANY
Agenda Item 14.
Commissioner Compton, the Board adopted RESOLUTION 2003-178 approving all three
(3) elements of NASSCO’s proposed Project (Building Ways 3 Restroom and Shower
Facility; new 30-ton C02 tank and piping, and construction of a new manufactured tee
Outfitting Facility), as more particularly described in Resolution 2003-178, and
determining that the proposed Projects are Categorically Exempt under California
Environmental Quality Act (CEQA) Guidelines, Section 15301 (Class 1), Existing
Facilities, Section 15303 (Class 3), New Construction or Conversion of Small Structures,
and District Resolution 97-191, and that the proposed Projects are Categorically
Excluded under District Coastal Development Permit Regulations, Section 8.a., Existing
Facilities, and Section 8.c., New Construction or Conversion of Small Structures, and
that the proposed Projects are in conformance with the District’s Master Plan use
designation for the area, Planning District 4, Industrial – Marine Related, by the
DISCUSSION OF THE SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY’S
ACTION REGARDING THE FORMER GENERAL DYNAMICS AND TELEDYNE
RYAN SITES, AND DIRECTION TO STAFF
Agenda Item 15. Bruce Hollingsworth, Executive Director, reported that the San
Diego County Regional Airport Authority (SDCRAA), at its meeting of Thursday, October
2, 2003, instructed the President/CEO to prepare and send a letter to the State Lands
Commission, expressing the SDCRAA’s request to have full control and complete
jurisdiction over the former Teledyne Ryan and General Dynamics properties. Mr.
Hollingsworth requested direction from the Board regarding the SDCRAA’s request.
October 7, 2003
Page 277
Commissioner Davis expressed his disappointment that the SDCRAA did not
contact the District regarding their request prior to contacting the State Lands
Commission, and questioned whether this was perhaps a land grab, an attempt to get
those properties for no payment. Commissioner Davis suggested that perhaps having
monthly meetings with the SDCRAA might be beneficial. Commissioner Davis stated
that the District should contact to the State Lands Commission concerning SDCRAA’s
request. In response to an inquiry from Commissioner Spane questioning whether the
Teledyne Ryan property has ever been used for aviation, Mr. Hollingsworth stated that
the Teledyne Ryan property has never been a part of airport use and all revenues
generated on that property have always been used for non-airport tideland trust
purposes, even prior to the formation of the District in 1962.
On motion of Commissioner Davis, seconded by Commissioner Van Deventer, the
Board voted to instruct our President/CEO to prepare and send a letter to the State
Lands Commission and other appropriate bodies expressing the District’s request that
complete jurisdiction over the properties formerly occupied by Teledyne Ryan and
General Dynamics and presently under the jurisdiction of the District, as was decided
and agreed to by the State, SDCRAA, and the District during past negotiations and
agreements, be retained by the District, assuring that the use of these tidelands
continue to provide the greatest benefit to the people of the State of California, and our
member cities, under the Tidelands Trust, and stating that the letter should request
that the State Lands Commission and other governmental bodies take all appropriate
action to not transfer control of these properties and to decline the SDCRAA’s request,
and to instruct the District and SDCRAA to begin discussions that may lead to an
equitable transfer of the use of these properties; further to reinstitute the negotiation
committee, as a subcommittee, that was formed to deal with the separation of the
Airport from the District; and to invite the SDCRAA Board, or designated committee, to
meet with the District’s subcommittee to discuss an equitable transfer of the use of the
properties, by the following vote: Yeas-Bixler, Compton, Cushman, Davis, Rios, Spane,
Van Deventer; Nays-None; Excused-None; Absent-None; Abstained-None.
Agenda Item 16. Chris Anderson, Vice President, Operations, announced Paul
Fanfera as the new Acting Senior Director of Real Estate. Mr. Fanfera stated he was
pleased with the opportunity to serve the District in this capacity.
October 7,2003
Page 278
Agenda Item 17. Chairman Van Deventer announced that the October 21,2003
Board meeting would be held at the Shelter Pointe Hotel and Marina beginning at 4:30
P.M.
Commissioner Cushmirn requested that the Port Attorney schedule a closed
session item for the October 21, 2003, Board meeting regarding the retention of
Counsel.
There was no further action to report, wheireupon Chairman Van Deventer
Sqetaty, Board of Port Cgfnmissioners
Page 279
October 21, 2003
MINUTES
Port District was called to order by the Clerk at 1:OO p.m. Tuesday, October 21, 2003 in
by the Clerk to Tuesday, October 21,2003 at 4:30 p.m. at the Shelter Pointe Hotel &
Marina, Point Loma 3 Room, at 1551 Shelter Island Drive, San Diego, California.
Clerk of the &ard of Port Commissioners
October 21, 2003
Page 280
MINUTES
1:00 p.m. Tuesday, October 21, 2003, in the Board Room at 3165 Pacific Highway, San
Diego, California.
ROLL CALL
Agenda Item 1.
Present:
Deventer; OFFICERS Hollingsworth, Bennett.
Absent:
None.
Excused:
None.
CLOSED SESSION
Agenda Item 3. Chairman Van Deventer announced the Board would enter into
closed session for:
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision (b)(1) of
Government Code Section 54956.9: One Case
October 21,2003
Page 281
The Board gave direction. There was no formal action to report, whereupon
Chairman Van Deventer adjourned the special meeting at 1:50 p.m.
AITEST:
I
October 21, 2003
Page 282
MINUTES
1:53 p.m. Tuesday, October 21, 2003, in the Board Room at 3165 Pacific Highway, San
Diego, California.
ROLL CALL
Agenda Item 1.
Present:
Deventer; OFFICERS Hollingsworth, Bennett, Darbeau and Heinrichs.
Absent:
None.
Excused:
None.
WORKSHOP
DISCUSSION OF THE DISTRICT’S ETHICS CODE AND DIRECTION TO STAFF
Agenda Item 3. Duane Bennett, Port Attorney, addressed the Board and
provided a brief introduction of the presentation and introduced Bill McMinn, Deputy
Port Attorney, and Ellen Corey Born, Assistant Port Attorney, who presented a review of
several of the Ethics Code Sections. (A copy of the presentation is on file in the Office
of the District Clerk.) Bruce Hollingsworth, Executive Director, requested a review and
clarification of the Misuse of District Resources section. In response to the request
from Mr. Hollingsworth, Ms. Corey Born stated that there are administrative procedures
on file with Human Resources that address the Misuse of District Resources section.
October 21, 2003
Page 283
Commissioner Davis stated that due to a potential conflict of interest, he would
not be participating in the discussion of the Solicitation of Political Contributions and
Political Solicitation of Vendors sections. Mr. Bennett stated that since Commissioner
Davis has not declared his candidacy, there is no conflict of interest for Commissioner
Davis that would preclude his participation in this item. However, Mr. Bennett stated
that due to the common law definition as to conflicts of interest, or the possibility of an
appearance of impropriety regarding the Solicitation of Political Contributions and
Political Solicitation of Vendors sections, it would be advisable for Commissioner Davis
not to participate in these two sections.
Mr. McMinn outlined the six Ethics Code sections that he would review
today as Gifts, Post District Employment, Semi-Annual Disclosure of Changes to
Economic Interest Statements, Lobbying Provisions, Solicitations of Political
Contributions and Political Solicitations of Vendors. Mr. McMinn and Ms. Corey Born
discussed several issues with these sections and presented staff recommendations to
address these issues.
Commissioner discussion ensued. The Board discussed and requested
clarifications on a variety of Ethics Code issues. In response to numerous inquiries and
hypothetical situations from the Board, Mr. McMinn, Mr. Bennett and Ms. Corey Born
provided additional information regarding the definition of a gift and the valuation of
gifts to an official and his family. Commissioner Cushman requested from staff an
opinion from California Fair Political Practices Commission (FPPC) regarding disclosure
requirements for dinners. In response to a comment from Commissioner Cushman, Ms.
Corey Born stated that some of the District financial assistance agreements provide for
specific tickets to events or dinners that are available for purchase by the District.
Commissioner Rios requested and received clarification regarding the jurisdiction of the
Ethics Code. Commissioner Davis requested and received clarification from staff
regarding the Post District Employment section. The Board discussed the original intent
of the Semi-Annual Disclosure of Changes to Economic Interest Statements section.
The Board recommended removing this section from the Ethics Code. Commissioner
Cushman stated that attorneys should not be exempt from the Lobbying Provisions
section. Mr. Bennett stated that case law has excluded attorneys from this section who
represent a client in an attorney-client relationship.
Commissioner Davis left the dais and left the Boardroom at 2:52 p.m.
October 21,2003
Page 284
I
The Board requested and received clarification from staff regarding examples of
situations that may apply to the Solicitation of Political Contributions section.
Commissioner Bixler stated that gifts at one-half the amount permitted by the FPPC is
too restrictive. Commissioner Spane suggested if the Board revises the Ethics Code to
the reflect the gift limit permitted by the FPPC, staff should prepare a public relations
strategy to respond to the media regarding this revision.
Commissioner Nos commented on the enforcement of the Ethics Code.
Commissioners Rios and Compton stated that the Ethics Code should be revised to the
State gift limit. Mr. Bennett reiterated the Board's recommendation to incorporate into
the Ethics Code the State gift limitation of $340.00. Mr. Hollingsworth requested and
received clarification from Commissioner Spane regarding the public relations strategy.
I
Mr. Bennett stated that staff would revise the Ethics Code and bring it back to
the Board for adoption. Chairman Van Deventer reminded everyone of the regular
meeting beginning today at 4:30 PM.
ATTEST:
October 21, 2003
Page 285
MINUTES
Port District was called to order by Chairman Van Deventer at 4:30 p.m. Tuesday,
October 21, 2003, at the Shelter Pointe Hotel & Marina, Point Loma 3 Room, at 1551
Shelter Island Drive, San Diego, California.
Chairman Van Deventer thanked everyone for attending today’s meeting and
acknowledged Shelter Island’s 50th Anniversary.
ROLL CALL
Agenda Item 1.
Present:
McEntee.
Absent:
None.
Excused:
None.
APPROVAL OF MINUTES
Agenda Item 2. The minutes submitted for the regular meeting of October 7,
2003, were approved on motion of Commissioner Cushman, seconded by Commissioner
Bixler.
October 21, 2003
Page 286
CONSENT AGENDA
Commissioner Cushman requested and received clarification regarding when the
percentage rent for slip rents would increase from 20% to 22% for item 7 (Ordinance
authorizing an Option Agreement with Cabrillo Isle Marina for a new 40-year lease)
from Chris Anderson, Vice President, Operations, who stated the increase would take
effect after the first of the year.
Board, with a single vote, adopted consent agenda items 4 through and including 8
(Ordinance 2271, and Resolutions 2003-179 through and including 2003-181) by the
Nays-None; Excused-None; Absent-None; Abstained- None, as follows:
DESIGNATING AND AUTHORIZING PILOT SERVICES AT THE PORT OF SAN
DIEGO
Agenda Item 4. RESOLUTION 2003-179 designating and authorizing Captain
Edward J. Silva, Jr., Captain Eric W. Ireland, Captain William J. Bartsch, Captain Philip
E. Ryan and Captain Lyle G. Donovan to perform pilot services at the Port of San Diego,
effective October 22, 2003, and designating and authorizing Captain Edward J. Silva, Jr.
to provide limited or vacation-relief pilot services, at the Port of San Diego, as required,
effective January 1, 2004, and designating and authorizing Captain William J. Bartsch,
Captain Eric W. Ireland, Captain Philip E. Ryan, Captain Lyle G. Donovan and Captain
Edward J. Silva, Jr. (Limited), to perform pilot services at the Port of San Diego,
effective January 1, 2004; further rescinding Resolution 92-252, was adopted as part of
the consent agenda.
APPOINTMENT OF SUSANA H. PEREDO AND REAPPOINTMENT OF MELODY
CERNITZ TO THE PUBLIC ART COMMITTEE
Agenda Item 5. As part of the consent agenda, the Board concurred with staff's
recommendations, as outlined in the staff report, to appoint Susana H. Peredo for a
three-year term and reappoint Melody Cernitz to the Public Art Committee for a second
three-year term.
October 21, 2003
Page 287
PROPOSED ART INSTALLATION – BARTELL HOTELS, A CALIFORNIA LIMITED
PARTNERSHIP, DBA HUMPHREY’S HALF MOON INN & SUITES
Agenda Item 6. RESOLUTION 2003-180 concurring with the recommendation of
the Public Art Committee and approving of the installation of the artwork known as
“Ocean Song”, a fifteen foot high sculpture constructed of galvanized steel, painted
bronze, with a patina finish, for the premises leased by Bartell Hotels, a California
Limited Partnership, dba Humphrey’s Half Moon Inn & Suites, located at 2303 Shelter
Island Drive in the City of San Diego, subject to the condition that Humphrey’s shall be
required to spend a minimum of $35,327.00 as a percentage of its redevelopment costs
for the purchase and installation of “Ocean Song,” was adopted as part of the consent
agenda.
ORDINANCE AUTHORIZING AN OPTION TO LEASE AGREEMENT WITH
CABRILLO ISLE MARINA, L.P.
Agenda Item 7. ORDINANCE 2271 granting and authorizing the execution of an
Option to Lease Agreement with Cabrillo Isle Marina, L.P., a California limited
partnership, to lease certain District premises of approximately 123,531 square feet of
land area and approximately 681,158 square feet of water area, located at 1450 Harbor
Island Drive in the City of San Diego, for the purposes of a marina containing
approximately 400 slips and related activities, in accordance with Paragraph 4 of said
Option to Lease Agreement, an additional water area may be included in said Option to
Lease Agreement; the Option to Lease Agreement is for a term of Nine months
commencing October 1, 2003, and ending on June 30, 2004, provided, however, said
Option to Lease Agreement is subject to earlier termination in accordance with the
terms, covenants and conditions contained therein on file in the office of the District
Clerk as Document No. 46657; further directing the execution of the Lease with Cabrillo
Isle Marina, L.P., which is attached to said Option to Lease Agreement, upon timely
performance and exercise of said Option to Lease Agreement, was adopted as part of
the consent agenda.
AWARD OF CONTRACT 2003-06 TO J.D. PAVING, INC. TO UPGRADE
PAVEMENT AREA BETWEEN HEADHOUSES 1 AND 2, TENTH AVENUE MARINE
TERMINAL
for Project No. P1664-3, Upgrade Pavement Area Between Headhouses 1 and 2, Tenth
Avenue Marine Terminal, commonly known as District Construction Contract 2003-06,
October 21, 2003
Page 288
and accepting the low bid of J. D. Paving, Inc., in an amount not to exceed
$129,589.32, based upon prices set forth in the bid proposal for said Project, and
authorizing and directing the execution of Contract 2003-06 with J. D. Paving, Inc., for
the performance of said work, was adopted as part of the consent agenda.
ACTION AGENDA
PARKING FACILITY AT FORMER TELEDYNE INDUSTRIES SITE
Melissa Mailander, Environmental Review Coordinator, and Wileen Manaois,
Senior Environmental Planner, addressed the Board and presented staff
of the District Clerk.) Ms. Mailander discussed several issues of concern for this item.
Bret Lobner, General Counsel, San Diego County Regional Airport Authority
(SDCRAA), addressed the Board and requested that they defer taking action on this
item until the District and SDCRAA have a chance to discuss this item. Mr. Lobner
raised several concerns regarding this action, including a District public airport parking
facility that would be in competition with the SDCRAA; the development of the property
has proceeded without a California Environmental Quality Act (CEQA) process; possible
sources of contamination to the Bay are located on the property; and whether the
development of the property is consistent with the Port Master Plan.
Commissioner discussion ensued. Commissioner Cushman expressed concern
that he did not know what has changed since the District first offered the property to
the SDCRAA as part of the settlement. Commissioner Cushman stated that after the
SDCRAA expressed no interest in the property, the District moved forward to put the
property to public use for the benefit of the five member cities. In response to
Commissioner Cushman’s comment, Mr. Lobner stated that circumstances have
changed. Commissioner Spane stated that in deciding how to use public lands, the
focus should be on the benefit to the public, not about competition with the SDCRAA.
Mr. Lobner stated what is at issue is which agency should have jurisdiction over the
property. Commissioner Bixler expressed frustration with the negotiations with SDCRAA
regarding Pond 20. Commissioner Bixler expressed dissatisfaction with the SDCRAA
action of requesting jurisdiction of the property from the State Lands Commission
without discussing the request with the District beforehand. Commissioner Davis stated
that District has the responsibility to take care of the five member cities and to meet
October 21, 2003
Page 289
these responsibilities the District needs to move forward and make use of the property
to generate income.
ADOPTION OF FINAL MITIGATED NEGATIVE DECLARATION FOR OFF-SITE
AIRPORT PARKING FACILITY, FORMER TELEDYNE INDUSTRIES, SAN DIEGO
Agenda Item 9a. On motion of Commissioner Davis, seconded by Commissioner
Cushman, the Board adopted RESOLUTION 2003-182 adopting and approving the Final
Mitigated Negative Declaration for the Project entitled “Off-Site Airport Parking Facility,
Former Teledyne Industries, City of San Diego, California,” including without limitation
the initial study and public comments, on file in the office of the District Clerk as
Document No. 46658, making certain findings as more particularly described in
Resolution 2003-182; further, that this action constitutes final environment approval
and for that purpose only, the District approves the proposed Project, and authorizing
and directing the filing of a Notice of Determination with the Secretary for Resources
and the San Diego County Clerk, by the following vote: Yeas-Bixler, Compton,
Abstained- None.
COASTAL DEVELOPMENT PERMIT – PARKING FACILITY AT FORMER
TELEDYNE INDUSTRIES SITE, SAN DIEGO
Agenda Item 9b. On motion of Commissioner Davis, seconded by Commissioner
Cushman, the Board adopted RESOLUTION 2003-183 making certain findings, as more
entitled “Parking Facility at Former Teledyne Industries Site” is consistent with the use
and development concept for the Lindbergh Field/Harbor Island area and the Project is
a Non-Appealable Development which conforms to the certified District Master Plan;
and authorizing and directing the issuance of a Coastal Development Permit for said
Project, said Coastal Development Permit shall require compliance with the Standard
Provisions and Short-Term Construction Measures incorporated therein, and in
particular the conditions listed under Special Provisions section, the Project’s Mitigation
Monitoring and Reporting Program specified in the Final Mitigated Negative Declaration
is incorporated by reference in the Coastal Development Permit, was adopted by the
October 21, 2003
Page 290
AUTHORIZATION TO NEGOTIATE AND ENTER INTO AGREEMENT WITH
WILLIAM H. LISKAMM, FAIA
Agenda Item 10. Bill Chopyk, Manager, Planning Services, addressed the Board
and presented staff recommendations regarding the selection of a design competition
advisor for the Old Police Headquarter Central Park Site. (A copy of the staff report is
on file in the Office of the District Clerk.) Mr. Chopyk acknowledged Mike Stepner,
representing the Council of Design Professionals, on his participation in evaluating the
proposals. Mr. Stepner addressed the Board and provided a brief overview of the
selection process.
Donald J. Stastny FAIA FACICP, of StastnyBrun Architects, Inc. and William
Liskamm FAIA. addressed the Board and presented their qualifications and proposals.
(Copies of the presentations are on file in the Office of the District Clerk.)
clarification from Mr. Stastny regarding his past projects. Commissioner Rios requested
and received clarification from Mr. Stastny regarding projects he has completed,
including any port-related projects. In response to an inquiry from Commissioner
Bixler, Mr. Stastny provided additional information regarding a two-staged design
competition. In response to an inquiry from Commissioner Spane, Mr. Liskamm
addressed which project he has worked on that is closest to this project.
Janice Howard addressed the Board and stated her support for the design
competition and for the selection of Mr. Liskamm.
Commissioner discussion continued. Commissioner Rios commented on Mr.
Liskamm’s experience as it relates to this project. Commissioners Davis, Spane,
Cushman and Compton stated their support for Mr. Liskamm. Commissioner Bixler
stated three issues (the proposed relocation of Cinderella Carriages; the removal of jail
cells; and the development density of the project) that needed to be resolved before
the selection of an advisor. Ralph Hicks, Director, Land Use Planning, stated staff’s
understanding of Board direction regarding development density was that the Board
preferred density in the moderate range for the project. Bruce Hollingsworth, Executive
Director, stated his understanding of Board direction was density of 25% or less.
Commissioner Bixler suggested the Board take a vote on these issues. Commissioner
Rios stated the need to define the different levels of development densities.
Commissioner Cushman suggested soliciting input from the competition advisor on
these issues. Commissioner Davis suggested that this not the time to discuss these
October 21, 2003
Page 291
issues. Commissioner Davis stated it would be more appropriate to discuss these issues
at a Board workshop with the advisor that is selected.
adopted RESOLUTION 2003-184 authorizing and directing the Executive Director or his
authorized representative to negotiate and enter into an Agreement, on behalf of the
District, with William H. Liskamm, FAIA, to assist the District in the administration of a
design competition, as requested and directed by the Executive Director of the District
and the Board of Port Commissioners, for the 25-Acre Old Police Headquarters Central
Park Site, said services to be provided in accordance with the terms, covenants and
conditions contained in said Agreement, to be placed on file in the office of the District
Clerk as Document No. 46659, by the following vote: Yeas-Bixler, Compton, Cushman,
AUTHORIZATION TO ENTER INTO PARTNERING AGREEMENT WITH
ASSOCIATED GENERAL CONTRACTORS OF AMERICA, INC., SAN DIEGO
CHAPTER
addressed the Board and presented staff recommendations regarding a Partnering
Agreement with Associated General Contractors of America, Inc. (A copy of the staff
report and presentation are on file in the Office of the District Clerk.)
Larry Richie, representing the Associated General Contractors and Douglas E.
Barnhart, representing Douglas E. Barnhart, Inc., addressed the Board and stated their
support for the Partnering Agreement.
Chairman Van Deventer and Commissioner Cushman stated their support for this
Partnering Agreement.
On motion of Commissioner Van Deventer, seconded by Commissioner Cushman,
the Board adopted RESOLUTION 2003-185 authorizing a Partnering Agreement with the
Associated General Contractors of America, Inc., San Diego Chapter, to promote good
faith, trust and communication among all the stakeholders in the construction process
through the use of partnering, in accordance with the terms, covenants and conditions
46660, the shared goals of said partnership are the development and maintenance of a
healthy and vital San Diego area construction industry, which will serve the strategic
October 21, 2003
Page 292
requirements of the District, by the following vote: Yeas-Bixler, Compton, Cushman,
OFFICER’S REPORT
a) Change Order No. 5 for $1,286.00 to Contract No. 2000-54 with Elken
Contracting, Inc. to Replace Domestic Water Main System, National Distribution
Center.
b) Change Order Nos. 6 for $1,605.00 and 1 Calendar Day; 7 for $1,250.00 and 1
Calendar Day; and 8 for $372.00 and 1 Calendar Day to Contract No. 2002-07
with Ghassan Construction Company for Canyon Path Pedestrian Access
Improvements.
c) Change Order No. 2 for $4,421.92 and 5 Calendar Days to Contract No. 2003-12
with VCI Telcom, Inc. for 10” Fire Main and Underground Improvements South
Campus Property.
d) Change Order No. 20 for $792.00 to Contract No. 2002-19 with C.E. Wylie
Construction Co. for General Services Facility.
e) Change Order Nos. 3 for $4,969.00; and 2 for $4,734.81 to Contract No. 2002-23
with R.E. Staite Engineering, Inc. for National City Marina Basin.
f) Change Order No. 1 for 60 Calendar Days to Contract 2002-30R with
Architectural Signs and Graphics, Inc. for Way Finding Signage.
introduced the newly appointed Harbor Police Captain Kirk Sanfilippo. Captain
Sanfilippo thanked the Board for this opportunity with the Harbor Police Department.
October 21,2003
Page 293
Aclenda Item 14.
Commissioner Bixler suggested the District consider
establishing a Partner Agreement with the District's major partners in the Maritime and
Cruise Ship Industry.
Commissioner Davis requested that an item be placed on the November 4, 2003
Board agenda requesting the appointment of a District representative to the City of San
Diego Pension Reform Commission.
Commissioner Davis also requested that staff explore any opportunities for the
District to assist in retaining the San Diego Fire Department helicopter that has lost
funding. In an effort to respond in a timely fashion to Commissioner Davis's request,
Commissioner Cushman asked Duane Bennett, Port Attorney, about the possibility of a
telephonic vote at a future meeting. Mr. Bennett stated that such would not be
permissible under the law.
Commissioner Compton stated that the Design Competition Advisor for the Old
Police Headquarters should seek input from the Board regarding the design
competition.
/-
San biego Unified Port Di&rict
ATTEST:
-
-
Clerk of the San Di&o Unified Port District
November 4, 2003
Page 294
MINUTES
9:08 a.m. Tuesday, November 4, 2003, in the Board Room at 3165 Pacific Highway,
ROLL CALL
Agenda Item 1.
Present:
COMMISSIONERS Bixler, Compton, Cushman, Davis,
Deventer; OFFICERS Hollingsworth, Bennett and Heinrichs.
Absent:
None.
Excused:
Commissioner Rios was excused for personal reasons.
Spane,
Van
WORKSHOP
FACILITIES PROGRAM – ANNUAL REVIEW
Agenda Item 3. Tony Heinrichs, Senior Director, Facilities/Chief Engineer; Bill Wood,
Assistant Director, Engineering Support Team; Bob Frankel, Director, EngineeringMaritime Project Team; Gerry Wold, Director, Contracts & Quality Assurance; and Pete
Cruz, Director, General Services, addressed the Board and presented a review of the
Facilities Division Programs. Among the topics reviewed by staff was the Facilities
Division reorganization; Engineering/Construction workload; Maintenance and Contract
Administration Programs; and infrastructure investment. (A copy of the presentation is
November 4, 2003
Page 295
Commissioner discussion ensued. In response to an inquiry from Commissioner Davis
regarding the morale of the division, Mr. Heinrichs stated that morale has been a
concern of staff and the reorganization of the Facilities Division should help address this
concern. Commissioner Davis requested and received additional information from Mr.
Heinrichs regarding the budget for the District’s Major Maintenance program. In
response to an inquiry from Commissioner Davis regarding the District utilizing recycled
water, Mr. Cruz stated that the District currently does not use recycled water but would
investigate using it. In response to an inquiry from Commissioner Davis, Mr. Cruz
stated that the Association of Retarded Citizens (ARC) provides trash and litter removal
services for six District parks and their performance is good. Chairman Van Deventer
stated he has seen an improvement in the District’s Maintenance Program.
Commissioner Davis suggested budgeting for major maintenance based on the life cycle
of the asset.
Commissioner Cushman requested and received clarification from Mr. Wold concerning
the degree of coordination between the Facilities Division and Real Estate in regard to
the First Impression Condition Surveys. Mr. Wold stated cross-functional teams conduct
the surveys. Chris Anderson, Vice President, Operations, stated that the Facilities
Division is surveying District-owned facilities and Real Estate is inspecting tenant-owned
facilities. Commissioner Cushman suggested better coordination between the Facilities
Division and Real Estate inspections. Commissioner Cushman requested that staff
inspect the sidewalk between Tuna Harbor and Seaport Village. Bruce Hollingsworth,
Executive Director, stated the staff is currently examining options to replace the
sidewalk surface. Commissioner Cushman also requested dividers for the benches in
the area. Commissioner Cushman commended General Services for their great work.
In response to an inquiry from Commissioner Bixler regarding whether Commissioner
Services has access to the major maintenance project development list, Mr. Heinrichs
stated yes. In response to an inquiry from Commissioner Bixler regarding the
evaluation of the expansion of the Imperial Beach Pier, Mr. Heinrichs stated that it
would be included in the proposed agreement that would evaluate options for the pier.
Commissioner Bixler requested and received clarification from Mr. Heinrichs regarding
the coordination of contract administration between staff and the Associated General
Contractors of America, Inc., (AGC). Commissioner Bixler suggested staff evaluate the
white, round rocks located at the General Services building as a possible safety issue.
Commissioner Spane commended staff for their work at Tidelands Park. Commissioner
Spane requested and received clarification from Mr. Cruz regarding the water rate that
the District is charged. Mr. Frankel stated the water rate varies depending on the
jurisdiction and usage. Commissioner Compton commended General Services for their
November 4,2003
Page 296
safety record. Commissioner Compton reiterated Commissioner Cushman's comment
about having better coordination between the Facilities Division and Real Estate
regarding facility condition assessments. Chairman Van Deventer requested and
received an update from Mr. Cruz about installing new decals on District vehicles.
ATTEST:
Clerk of the San DiHUnified Port District
November 4, 2003
Page 297
MINUTES
Tuesday, November 4, 2003, in the Board Room at 3165 Pacific Highway, San Diego,
California.
ROLL CALL
Agenda Item 1.
Present:
COMMISSIONERS Bixler, Compton, Cushman, Rios, Spane, Van Deventer;
Absent:
None.
Excused:
Commissioner Davis was excused until such time as he arrived at 1:10
p.m.
APPROVAL OF MINUTES
Agenda Item 2. Chairman Van Deventer announced that item 2 (Approval of the
minutes for special meetings of October 21, 2003) would be continued to the November
18, 2003 Board meeting.
CONSENT AGENDA
Chairman Van Deventer announced that item 6 (Resolution selecting and
authorizing negotiations with Cash and Associates for professional engineering services
for the encasement repair of concrete piles at the Broadway Pier) would be pulled for
separate discussion and vote.
November 4, 2003
Page 298
Board, with a single vote, adopted consent agenda items 4, 5 and 7 through and
including 10 (Resolutions 2003-186, 187 and 189 through and including 2003-192) by
the following vote: Yeas-Bixler, Compton, Cushman, Rios, Spane, Van Deventer; NaysNone; Excused-Davis; Absent-None; Abstained- None, as follows:
AUTHORIZATION TO NEGOTIATE AGREEMENT WITH KENNEDY/JENKS
CONSULTANTS
RESOLUTION 2003-186 authorizing negotiation with
Agenda Item 4.
Kennedy/Jenks Consultants for purposes of developing terms, covenants, conditions
and costs necessary for professional engineering services for the Fuel Line and Cathodic
Protection System Condition Assessment, Tenth Avenue Marine Terminal, San Diego;
further that results of said negotiations will be reported to the Board and a decision
made at a later date regarding authorization of an agreement, was adopted as part of
the consent agenda.
AWARD OF CONTRACT 2003-02 TO VALLEY COAST LANDSCAPE
CONSTRUCTION, INC., DBA VALLEY COAST CONSTRUCTION, TO REPLENISH
REVETMENT SLOPES, VARIOUS TIDELAND LOCATIONS
for Project No. P2036-1, Replenish Revetment Slopes, Various Tideland Locations,
commonly known as District Construction Contract 2003-02,and accepting the low bid
of Valley Coast Landscape Construction, Inc., dba Valley Coast Construction, in an
aggregate amount not to exceed $721,449.00, based upon prices set forth in the bid
proposal to Replenish Revetment Slopes, various Tideland locations, and authorizing
and directing the execution of Contract 2003-02 with Valley Coast Landscape
Construction, Inc., dba Valley Coast Construction, for the performance of said work,
AUTHORIZATION TO FILE A GRANT APPLICATION WITH THE CALIFORNIA
COASTAL COMMISSION – WHALE TAIL GRANTS PROGRAM (MONARCH
SCHOOL ENVIRONMENTAL ENRICHMENT PROGRAM)
Agenda Item 7. RESOLUTION 2003-189 authorizing the submission of a grant
application to the California Coastal Commission, under its Whale Tail Grants Program,
requesting funds for the Monarch School Environmental Enrichment Program, and in the
event said grant is awarded, authorizing and directing the acceptance of the grant
November 4, 2003
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funds for the Monarch School Environmental Enrichment Program and the execution of
any necessary contract with the California Coastal Commission; further designating
Maryanne Kind, the District Grants Coordinator, as the District’s grant representative,
AUTHORIZATION TO FILE A GRANT APPLICATION WITH THE CALIFORNIA
COASTAL COMMISSION – WHALE TAIL GRANTS PROGRAM (ENDANGERED
LIGHT-FOOTED CLAPPER RAIL CAPTIVE BREEDING PROGRAM)
Agenda Item 8. RESOLUTION 2003-190 authorizing the submission of a grant
application to the California Coastal Commission, under its Whale Tail Grants Program,
requesting funds for the Endangered Light-Footed Clapper Rail Captive Breeding
Program, and in the event said grant is awarded, authorizing and directing the
acceptance of the grant funds for the Endangered Light-Footed Clapper Rail Captive
Breeding Program and the execution of any necessary contract with the California
Coastal Commission; further designating Maryanne Kind, the District Grants
Coordinator, as the District’s grant representative, was adopted as part of the consent
agenda.
COASTAL DEVELOPMENT PERMIT – ANCHORAGE LANE TOWNHOMES – TREE
REMOVAL, SAN DIEGO
Agenda Item 9. RESOLUTION 2003-191 making certain findings, as more
entitled “Anchorage Lane Townhomes – Tree Removal” is consistent with the use and
development concept for the Shelter Island/La Playa area, and the Project is a NonAppealable Development which conforms to the certified District Master Plan; and
authorizing and directing the issuance of a Coastal Development Permit for said Project,
said Coastal Development Permit shall require compliance with the conditions proposed
by the District’s Urban Forestry Task Force, as more particularly outlined in Resolution
COASTAL DEVELOPMENT PERMIT – CONVENTION CENTER HOTEL PARKING
FACILITY, SAN DIEGO
Agenda Item 10. RESOLUTION 2003-192 making certain findings, as more
entitled “Convention Center Hotel Parking Facility” is consistent with the use and
development concept for the Center City-Embarcadero area, and the Project is a Non-
November 4, 2003
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Appealable Development which conforms to the certified District Master Plan; the
proposed Project is located between the sea (as defined in the Coastal Act) and the first
inland continuous public road paralleling the sea, and said Project is consistent with
Public Resources Code Sections 30604(c) and 30210-30224, and the Coastal Act public
access and recreation policies referenced therein because it will enhance public access
to the waterfront by providing significant public parking; further authorizing and
directing the issuance of a Coastal Development Permit for said Project, said Coastal
Development Permit shall require compliance with the Standard Provisions and ShortTerm Construction Measures incorporated therein, and in particular the conditions listed
under the Special Provisions section to comply with the Mitigation Monitoring and
Reporting Program for the South Embarcadero Redevelopment Program 2 and Port
Master Plan Amendment Final Environmental Impact Report, was adopted as part of the
consent agenda.
AUTHORIZATION TO NEGOTIATE AGREEMENT WITH MOFFAT AND NICHOL
ENGINEERS
Agenda Item 6. Raul Varela, Project Manager, Engineering, addressed the Board
on file in the Office of the District Clerk.) Perry Schacht, representing Moffatt & Nichol
Engineers, addressed the Board and stated that they would not be using Blaylock
Engineering Group as a subconsultant. Mr. Schacht stated that staff informed him a
questionnaire would be sent out to the top two firms to assist staff in making a
selection.
Mr. Schacht stated Moffatt & Nichol Engineers did not receive the
questionnaire. Mr. Schacht requested the Board consider that Moffatt & Nichol
Engineers is a local firm when making their decision.
In response to Mr. Schacht’s comment regarding the questionnaire, Mr. Varela
stated that staff concluded enough information was available to make a decision,
therefore the questionnaire was not necessary.
Spane regarding the scope of work and whether the consultant selected could also bid
on the repair phase of the project, Mr. Varela stated that the proposed scope of work
includes preparing an underwater investigation report of the concrete piles. Tony
Heinrichs, Senior Director Facilities/Chief Engineer, stated that, in accordance with the
District’s procurement policy, the consultant selected for this project would be
precluded from bidding on the repair phase. Commissioner Cushman stated his support
for Moffatt & Nichol Engineers. Commissioner Davis requested and received additional
November 4, 2003
Page 301
information from Mr. Varela regarding the size of the selection committee and the
selection criteria. Mr. Heinrichs stated that, given the scores are so close, any one of
the top three firms could do the job. In response to an inquiry from Commissioner
Davis regarding whether extra points are given to local firms, Mr. Heinrichs stated no.
Board adopted RESOLUTION 2003-188 authorizing negotiation with Moffatt & Nichol
Engineers for purposes of developing terms, covenants, conditions and costs necessary
for professional engineering services for the Encasement Repair of Concrete Piles at the
Broadway Pier, San Diego, further resolving that results of said negotiations will be
reported to the Board and a decision made at a later date regarding authorization of an
agreement, was adopted as part of the consent agenda.
CONDUCT PUBLIC HEARING FOR FINAL SUPPLEMENTAL ENVIRONMENTAL
IMPACT REPORT, CAMPBELL SEDIMENT REMEDIATION/AQUATIC
ENHANCEMENT AND PROVIDE DIRECTION TO STAFF
Agenda Item 11. Chairman Van Deventer announced that this item would be
continued to the November 18, 2003 Board meeting.
ACTION AGENDA
ORDINANCE AUTHORIZING AND ACCEPTING A LEASE FROM THE STATE OF
CALIFORNIA BY AND THROUGH THE CALIFORNIA STATE LANDS
COMMISSION
Agenda Item 12. Rich Gannon, Asset Manager, Real Estate, addressed the Board
Board adopted ORDINANCE 2272 authorizing, approving and accepting the lease
agreement from the State of California, by and through the California State Lands
Commission, to the San Diego Unified Port District, a public corporation, on file in the
office of the District Clerk as Document No. 46705, leasing to the District approximately
5,500 square feet of water area located west of the United States Pierhead Line
Southwest of Navy Pier 11A in the City of San Diego, to be used for mooring of the USS
November 4, 2003
Page 302
Midway and development and operation of a non-profit museum of naval aviation
history, as recommended by the Executive Director; and directing the execution of the
said Lease agreement with State of California, acting by and through the California
State Lands Commission, was adopted as part of the consent agenda.
CONSIDER ADOPTING RESOLUTION REQUESTING APPOINTMENT OF A PORT
OF SAN DIEGO REPRESENTATIVE TO THE MAYOR OF SAN DIEGO’S PENSION
REFORM COMMISSION
and requested that the Board discuss this item and provide direction to staff.
Commissioner Bixler declared a conflict of interest due to a relationship with one of the
representatives from the San Diego City Employees’ Retirement System (SDCERS) and
therefore abstained from participation in the discussion of this item.
Commissioner discussed ensued. Commissioner Davis stated that the District
has a fiduciary responsibility to understand the pension plan. Commissioner Davis
stated the Pension Reform Commission provides a vehicle for the District to better
understand the plan. Commissioner Cushman requested and received clarification from
Dennis Gibson, Senior Policy Advisor, Office of Mayor Dick Murphy, City of San Diego,
regarding the impact on the already formed Pension Reform Commission if a District
representative was appointed. Mr. Gibson stated that the Pension Reform Commission
has been formed for several weeks and the impact of appointing a District
representative will need to be analyzed by the Mayor and City of San Diego City
Council. Chairman Van Deventer stated that a District tenant was appointed to the
Pension Reform Commission and the Board could request information from the tenant.
Chairman Van Deventer expressed concern about appointing a District representative to
the Pension Reform Commission after it has been formed and already held meetings.
Commissioner Rios requested and received clarification from Mary Braunwarth,
Development Director, City of San Diego, regarding the term of the Pension Reform
Commission. Ms. Braunwarth stated that the Pension Reform Commission is expected
to have a report to the City Council in 120 days. Commissioner Rios stated that the
District should monitor the Pension Reform Commission closely. Commissioner Spane
stated his support for requesting a District representative. Commissioner Cushman
expressed his preference of the District being ex officio to the Pension Reform
Commission. Commissioner Cushman stated that, if the District does not have a
representative, the District should receive all the data that every member of the
Pension Reform Commission receives.
Commissioner Cushman expressed concern
November 4, 2003
Page 303
regarding the legal impact on the District if it has a representative on the Pension
Reform Commission. Ms. Braunwarth stated that the Pension Reform Commission will
have a website and all the information presented to them will be provided to the
District. Commissioner Davis stated the importance of District having a representative
on the Pension Reform Commission.
Commissioner Davis made a motion, seconded by Commissioner Spane, that a
letter be sent from the Board to the Mayor of the City of San Diego, requesting that he
amend the Pension Reform Commission, and appoint a Port of San Diego
representative. The motion failed for lacked of a majority, by the following vote: YeasCompton, Davis, Spane; Nays-Cushman, Rios, Van Deventer; Excused-None; AbsentNone; Abstained-Bixler.
the Board decided that all information presented to the Pension Reform Commission be
provided to the District and the Pension Reform Commission representative from
National Steel and Shipbuilding Company report to the Board, by the following vote:
Yeas-Compton, Cushman, Rios, Spane, Van Deventer; Nays-Davis; Excused-None;
Absent-None; Abstained-Bixler.
DISCUSSION OF THE SAN DIEGO REGIONAL FIRE AND RESCUE HELICOPTER
PROGRAM AND DIRECTION TO STAFF
Agenda Item 14. Harbor Police Chief Betty Kelepecz addressed the Board and
discussed the history of the San Diego Regional Fire and Rescue Helicopter Program,
the capabilities of the helicopter, and how the Harbor Police Department might utilize
the helicopter. (A copy of the staff report is on file in the Office of the District Clerk.)
Ron Saathoff, representing the San Diego City Fire Fighters, addressed the Board and
stated that the helicopter is vital to the San Diego Community. Mr. Saathoff stated that
the helicopter is a regional asset and requires regional funding, and requested the
support of the Board.
Commissioner discussion ensued. Commissioner Davis stated the importance of
having this helicopter as a resource available to use if necessary. Commissioner Davis
suggested forming an ad hoc committee along with other regional agencies to explore
securing a fire and rescue helicopter and possibly creating a tax-exempt entity that
could raise money to acquire the helicopter. Chief Kelepecz discussed the availability of
a Coast Guard helicopter for the District. In response to an inquiry from Commissioner
Davis, Mr. Saathoff discussed the impact of possible Transit Occupancy Tax (TOT)
November 4, 2003
Page 304
monies on acquiring firefighting equipment. Commissioner Davis stated due to the
high-rise hotels on District tidelands, the District has a need for this helicopter.
Commissioner Davis discussed the District budgeting the cost of the helicopter for one
month in the next fiscal year’s budget.
Commissioner Cushman stated that the region does not have a regional fire
protection system. Commissioner Cushman stated the region needs a regional fire
authority. Commissioner Cushman challenged the County of Board of Supervisors to
bring the region together on this issue. Commissioner Compton reiterated the
importance of addressing this issue from a regional perspective. Commissioner Bixler
suggested that staff survey other Ports to see how they handle regional fire issues.
Chairman Van Deventer suggested providing the ad hoc committee with information
about what the District is budgeting for fire protection in the member cities. Chairman
Van Deventer requested and received clarification from Mr. Saathoff regarding the City
and County of Los Angeles helicopter program. Chairman Van Deventer requested that
this information be provided to the ad hoc committee. Captain Fennessey of the City of
San Diego Fire Department, addressed the Board and discussed the benefits to District
of having a helicopter.
Board decided to establish an ad hoc committee comprised of representatives from the
Port Attorneys office, Harbor Police and Finance to investigate the funding of a
firefighting helicopter for continued regional use, meet with other regional agencies to
discuss creating a regional fire system, and budget for one-month operation cost of
$209,000 for a firefighting helicopter in next year’s budget, by the following vote:
DIRECTION TO STAFF TO PROCEED WITH DEBT FINANCING TO FUND THE
DISTRICT’S 2003-2007 CAPITAL DEVELOPMENT PROGRAM PROJECTS AS
DETERMINED BY STAFF AND BOND COUNSEL IN A PAR VALUE NOT TO
EXCEED $90 MILLION FOR A TERM TO MATURITY THAT DOES NOT EXCEED
120% OF THE WEIGHTED AVERAGE USEFUL LIFE OF PROJECTS TO BE
FINANCED
Agenda Item 15. Commissioner Bixler stated due to his employer’s policy, he
declared a conflict of interest and therefore abstained from participation in the
discussion of this item. Commissioner Bixler left the dais and the Boardroom at 2:10
p.m.
November 4, 2003
Page 305
Jeff McEntee, CFO/Treasurer, addressed the Board and presented staff
Commissioner discussion ensued. Commissioner Davis stated he did not believe
the District had the responsibility to establish a sinking fund. Commissioner Davis
discussed the costs associated with issuing the debt. Commissioner Davis suggested
issuing a series of bonds. Commissioner Compton requested and received clarification
from Commissioner Davis regarding the interest rate on the Promissory Note issued to
the San Diego County Regional Airport Authority (SDCRAA). Andrew Nakahata,
representing Goldman, Sachs & Company, addressed the Board and stated that the
District must generate future operating cash flow sufficient to support the debt service.
Commissioner Davis stated that the District must have the flexibility to renegotiate with
SDCRAA. Bruce Hollingsworth, Executive Director, discussed the need for the District to
show a path of paying off the note. In response to an inquiry from Commissioner
Compton, Mr. Nakahata stated the agreement stipulates that the bonds are on equal
call. Commissioner Cushman stated his support for the alternative debt coverage.
Commissioner Cushman stated that the District must move forward on the issuance of
debt to help fund the Capital Development Program (CDP). Russell Goings, representing
First Albany Corporation, and Mr. Nakahata discussed possible ratings that the bond
issuance might receive from the rating agencies. Commissioner Rios stated that the
District is not ready to proceed with the staff recommendation because time is needed
to negotiate with the SDCRAA regarding the Promissory Note. Mr. Hollingsworth stated
that, in order to meet the cash flow needs of the CDP, it is important to move forward
on this process. Commissioner Spane stated that Commissioner Davis’s alternative debt
coverage allows more flexibility for the District.
Board decided to proceed with planned debt issuance in one or more series of bonds to
generate net proceeds of $25 million for approved budgeted capital improvements and
a subsequent series for an amount up to cash proceeds of $50 million to be used as
determined and approved at a subsequent Board of Port Commissioners meeting, by
the following vote: Yeas-Compton, Cushman, Davis, Rios, Spane, Van Deventer; NaysNone; Excused-None; Absent-None; Abstained-Bixler.
November 4, 2003
Page 306
CLOSED SESSION
Agenda Items 19, 20, 21 and 22. Chairman Van Deventer stated that the Board
would adjourn to closed session before the continuation of the Action Agenda,
whereupon Duane Bennett, Port Attorney, announced the closed session items for
Pursuant to Subdivision (a) of Government Code Section 54956.9:
David L. Malcolm vs. David R. Chapman, an Individual, SDUPD, et al.San Diego
Superior Court No. GIC 818347
Significant exposure to litigation pursuant to Subdivision (b)(1) of Government
Property: 1220 Pacific Highway, San Diego; 2140 Tidelands Avenue, National City
Negotiating Parties: Karen Ringel, United States Navy, M. Christine Anderson,
SDUPD
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957: Port Attorney
OPEN SESSION
After the closed session, the Board reconvened in open public session at 4:06
p.m. Chairman Van Deventer noted that all Commissioners were present.
Duane Bennett, Port Attorney, reported that there is no reportable action
resulting from today’s closed session. Mr. Bennett stated that item 22 (Public Employee
Performance Evaluation) was not discussed.
November 4, 2003
Page 307
CONTINUANCE OF ACTION AGENDA
DISCUSSION AND DIRECTION TO STAFF REGARDING EMERGENCY LEAVE
FOR EMPLOYEES SERIOUSLY IMPACTED BY NATURAL DISASTERS
Agenda Item 16. Wayne Darbeau, Vice President, Administration/District Clerk;
Chris Anderson, Vice President, Operations; and Karen Porteous, Director, Human
Resources, addressed the Board and presented a status report of the impact of the
recent wildfires on the District operations and staff. Ms. Anderson thanked the Board
for their concern for District employees. Ms. Anderson stated that all essential services
of the District were kept operating during the disaster. Ms. Porteous stated that
through Fire Storm 2003, employee safety and welfare were at the forefront of the
decisions made. Ms. Porteous stated District management was briefed on Wednesday
to provide information regarding air quality. Each department was requested to notify
Human Resources of all employees directly impacted by the fire. Ms. Porteous stated
that three current employees and one retiree have lost their homes. Ms. Porteous
stated that all employees scheduled to work Monday and Tuesday were paid and any
requests for additional leave due to the fires would be reviewed on a case-by-case
basis. Ms. Porteous stated that a fundraiser for employees affected by the fire and a
recognition event are being planned. Ms. Porteous stated that a “Lessons Learned”
session would also be held.
Commissioner discussion ensued. Commissioner Cushman stated the District
was very generous by paying employees for Monday and Tuesday. In response to an
inquiry from Commissioner Bixler regarding whether Human Resources would be
putting together a list of needs for those employees affected by fire, Ms. Porteous
stated that they are working on the list. Commissioner Bixler requested and received
clarification from Ms. Anderson regarding the District’s emergency phone trees. Ms.
Anderson stated that all employees have been notified to update their emergency
contact information.
Commissioner Bixler suggested establishing a process to
periodically require employees to update emergency contact information. Bruce
Hollingsworth, Executive Director, clarified for the Board that the District does have a
State of California Standardized Emergency Management System (SEMS) plan in place,
and that the emergency contact information for the plan is current.
Commissioner Davis requested and received clarification from Ms. Anderson
regarding the status of setting up a 501(c)(3) fund. Ms. Anderson stated that staff is
looking at two options to assist employees, since it would take a six to eight week
process to set up the fund. Ms. Anderson stated that staff is contacting banks to
November 4, 2003
Page 308
provide a method for collecting donations.
Commissioner Davis, Ms. Anderson provided additional information on the
administrative leave available to employees directly affected by the fire. Ms. Anderson
stated the District cannot donate to a non-tidelands trust purpose. Commissioner
Cushman discussed using the Cushman Foundation 501(c)(3) on an interim basis.
Commissioner Cushman stated he has contacted the San Diego Community Foundation
regarding the creation of a foundation. Commissioner Cushman suggested contacting
the District’s bank to create a trust fund.
informed the Board that the District received an award from the Associated General
Contractors of America, Inc., (AGC) for the General Services Building.
Agenda Item 18. Commissioner Spane thanked the Board and staff for attending
today’s groundbreaking for the Glorietta Bay Project at the City of Coronado.
Chairman Van Deventer requested staff provide an update to the Board on the
construction of the U.S.S. San Diego Memorial.
Chairman Van Deventer requested and received clarification from Chris
Anderson, Vice President, Operations, regarding the status of relocating the Cinderella
Carriage Company. Bruce Hollingsworth, Executive Director, stated that staff would
examine this issue and request Board approval if necessary.
Chairman Van Deventer requested that staff install a flag at the Old Police
Headquarters building.
Commissioner Bixler requested that staff update the Board on the status of the
Neptune’s Palace. Dan Wilkens, Executive Vice President, addressed the Board and
provided additional information on this issue.
Page 309
November 4,2003
SanlDiego Unified Port Dist'rict
ATTEST:
!
November 18, 2003
Page 310
MINUTES
Tuesday, November 18, 2003, in the Board Room at 3165 Pacific Highway, San Diego,
California.
ROLL CALL
Agenda Item 1.
Present:
McEntee.
Absent:
None.
Excused:
None.
APPROVAL OF MINUTES
Agenda Item 2. The minutes submitted for the special meetings of October 21,
2003, and the special and regular meetings of November 4, 2003, were approved on
motion of Commissioner Davis, seconded by Commissioner Rios.
CONSENT AGENDA
Chairman Van Deventer announced that item 4 (Ordinance amending
Memorandum of Understanding with Community Development Commission of National
November 18, 2003
Page 311
City to extend term) and item 5 (Resolution authorizing issuance of “Request for
proposals for option to lease and develop the Marina Green Bayside commercial site
located at 4960 North Harbor Drive (between Nimitz Boulevard and Scott Street) in San
Diego, California”) would be pulled for separate discussion and vote.
ORDINANCE AUTHORIZING AMENDMENT NO. 2 TO AMENDED AND
RESTATED MEMORANDUM OF UNDERSTANDING WITH THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
Board adopted ORDINANCE 2273 authorizing and directing the execution of
Amendment No. 2 to Amended and Restated Memorandum of Understanding with the
Community Development Commission of the City of National City relative to the
Extension of Harrison Avenue, the National City Marina, and Other Possible
Development and Related Public Improvements and Capital Development Programs in
the Vicinity of 24th Street and Harrison Avenue in the City of National City; provided,
however, Parcel No. 2 is hereby excluded from said Amended and Restated MOU, which
exclusion will permit the District and CDC to discuss alternative uses for said Parcel 2;
further, the Amended and Restated MOU, as amended shall terminate on November 30,
2005, unless it is extended by mutual agreement prior to August 1, 2005, in accordance
with the terms, covenants and conditions contained in said Amendment No. 2 to
Amended and Restated MOU, to be placed on file in the office of the District Clerk as
Document No. 46725, by the following vote: Yeas-Bixler, Compton, Cushman, Davis,
REQUEST FOR PROPOSALS
Agenda Item 5. Annette Dahl, Senior Asset Manager, Real Estate, addressed the
Cushman regarding the proposed timeline for the Request for Proposals (RFP), Ms. Dahl
stated that staff wanted to provide adequate time for the proposers, and staff would
review the timeline to make sure it was appropriate. In response to an inquiry from
November 18, 2003
Page 312
Commissioner Bixler as to whether the Marina Green Park was a Coastal Commission
requirement, Mr. Hicks, Director, Land Use Planning, stated yes. Commissioner Bixler
requested and received clarification from Mr. Hicks whether the Coastal Commission
would require public park space in future development. In response to an inquiry from
Bruce Hollingsworth, Executive Director, regarding whether the Coastal Commission has
a policy requiring new developments to provide public park space, Mr. Hicks stated that,
as a general policy, the California Coastal Commission is looking for additional public
park space in new developments.
Mike McDade addressed the Board and expressed his concern regarding the RFP
requirement that retail and commercial space of this development not exceed 26,000
square feet. Mr. McDade stated a larger retail and commercial space might be possible
with underground parking. Mr. McDade requested that the Board consider not
assigning an absolute limit on the retail and commercial space development. Paul
Fanfera, Acting Senior Director, Real Estate, addressed the Board and stated the size of
the retail and commercial space was based on the parking constraints and the Port
Master Plan. Mr. Fanfera stated that, to allow more flexibility, the RFP could provide for
a range between 26,000-30,000 square feet for retail and commercial development and
still stay within the constraints of the Port Master Plan and the Environmental Impact
Report (EIR).
Commissioner discussion continued. Commissioner Cushman requested and
received clarification from Mr. McDade regarding the impact of the water table on an
underground parking lot. Chairman Van Deventer stated his support for more flexibility
for retail and commercial space. Bruce Hollingsworth, Executive Director, clarified the
Board’s direction to staff to allow flexibility for proposers regarding the size of
restaurant and retail space when submitting their proposals.
Board provided direction to staff and adopted RESOLUTION 2003-193 authorizing the
issuance of a Request for Proposals for an Option to Lease and Develop the Marina
Green Bayside Commercial Site, located at 4960 North Harbor Drive (between Nimitz
Boulevard and Scott Street) in the City of San Diego; further that results of said
Request for Proposals will be reported to the Board and a decision made at a later date
regarding authorization of an Option to Lease Agreement, by the following vote: YeasBixler, Compton, Cushman, Davis, Rios, Spane, Van Deventer; Nays-None; ExcusedNone; Absent-None; Abstained- None.
November 18, 2003
Page 313
ORDINANCE ESTABLISHING PARKING RATES FOR NAVY PIER PARKING
FACILITY
Agenda Item 6. Rich Gannon, Asset Manager, addressed the Board and
Chairman Van Deventer opened the Public Hearing. Chuck Nichols, representing
the San Diego Aircraft Carrier Museum (SDACM), addressed the Board and stated his
support for staff’s recommendation. No one else requested to speak and Chairman Van
Deventer closed the Public Hearing.
Bixler regarding what time the 24-hour parking rate started, Paul Fanfera, Acting Senior
Director, Real Estate, stated that the period started at 8:00 A.M. In response to an
inquiry from Commissioner Bixler, Mr. Fanfera provided clarification concerning how the
SDACM and the San Diego Symphony will coordinate their parking needs.
Commissioner Bixler expressed his concern regarding over-committing to various
organizations for the same parking. In response to an inquiry from Commissioner
Cushman regarding whether the proposed rates are for visitors and not employees, Mr.
Nichols said yes. Bruce Hollingsworth, Executive Director, stated the motion would
include the clarification that parking rates are not for employees.
the Board adopted ORDINANCE 2274 establishing the rates for the Navy Pier Parking
Facility, located on the west side Harbor Drive in the City of San Diego, as more
particularly outlined in Ordinance 2274, and allowing the Executive Director to use the
rates established pursuant to Ordinance 2274 for a new or extended Operating
Agreement for said Navy Pier Parking Facility; further, that the rates herein shall take
effect on the 31st day from its passage by the Board of Port Commissioners or January
1, 2004, whichever date is later, and said rates shall be posted, by the following vote:
November 18, 2003
Page 314
CONDUCT PUBLIC HEARING FOR FINAL SUPPLEMENTAL ENVIRONMENTAL
IMPACT REPORT, CAMPBELL SEDIMENT REMEDIATION/AQUATIC
ENHANCEMENT AND PROVIDE DIRECTION TO STAFF
Agenda Item 7. David Merk, Director, Recreational & Environmental Services;
Betty Dehoney, representing P&D Consultants, Inc.; and Paul Brown, Senior
Environmental Specialist, Recreational & Environmental Services, addressed the Board
on file in the Office of the District Clerk.) Mr. Brown provided a detailed analysis,
including advantages and disadvantages, of the following four alternative remediation
options: 1) Engineered-Cap-In-Place 2) Habitat Cap 3) Hybrid Cap and 4) Dredge and
Sediment Disposal. Mr. Brown stated that staff recommended the Engineered-Cap-InPlace alternative.
Chairman Van Deventer opened the Public Hearing. The following individuals
addressed the Board with varying points of view regarding the alternative remediation
options: Martin Kenney, representing the U.S. Fish and Wildlife Service; Laura Hunter,
representing the Environmental Coalition; Allen Fernstrom, Campbell Shipyard; Sonja
Rodriquez, representing the Environmental Health Coalition (translation provided by
Ron Popham, Senior Director, Maritime Services); Robert Howard, representing Latham
& Watkins (Attorney for Campbell Shipyard); Kathy Horning, representing Exxon Mobil
Corporation; Ed Kimura, representing Sierra Club; Bruce Reznik, representing San Diego
Baykeeper; and Richard Cloward, representing San Diego Port Tenants Association
(SDPTA). No one else requested to speak and Chairman Van Deventer closed the
Public Hearing.
In response to a concern raised by Mr. Kenney regarding a change in staff’s
preferred alternative rather than one discussed at an earlier working group meeting,
Mr. Merk stated that no final decision was reached at that working group meeting and
the final decision would be made by the Board.
clarification from Mr. Brown regarding the proposed cost of the Engineered Cap-InPlace alternative. In response to an inquiry from Commissioner Davis, Mr. Brown
described the materials and the construction of the Engineered Cap-In-Place
alternative. Mr. Brown discussed the possible effects of propeller wash on the cap and
the program that would be put in place to monitor the cap. Commissioner Bixler
requested and received clarification from Mr. Brown regarding the analysis performed to
determine the thickness of the cap. Duane Bennett, Port Attorney, stated that
November 18, 2003
Page 315
Campbell Shipyard is a source of on-going litigation for the District and cautioned staff
in their response to Commissioner Bixler’s question so that responses would not impact
the litigation. Mr. Brown described the proposed design of the Engineered Cap-InPlace alternative to consist of sand, gravel, and armoring materials to protect against
breakthrough of contaminants and propeller wash. In response to an inquiry from
Commissioner Bixler regarding the cost of the one-acre habitat as part of the
Engineered Cap-In-Place alternative, Mr. Brown stated approximately $1 million.
Commissioner Compton requested and received a detailed explanation from
David Keith, representing Anchor Environmental, regarding the analysis of the various
alternatives. In response to an inquiry from Commissioner Compton, Mr. Keith stated,
depending on the class of chemicals, the toxins on the site would last a very long time.
Mr. Keith described the various containments at the site and stated the cap would not
remove the containments from the site. Mr. Keith described the models used to assist
in the design of the proposed cap and stated that caps have been used successfully
around the United States. Commissioner Cushman stated that this a policy issue as to
what the District would do in the future to protect the San Diego Bay. Commissioner
Cushman stated he would support staff’s recommendation because economically it is
the only long-range policy the District can afford.
In response to an inquiry from Commissioner Davis, Mr. Reznik stated he
preferred the Habitat Cap alternative and the technical advisory group had yet to review
the Engineered Cap-In-Place alternative. Mr. Reznik discussed San Diego Bay Keeper’s
lawsuits against NASSCO and Southwest Marine. In response to an inquiry from
Commissioner Davis, Mr. Reznik stated he would consider pursuing litigation against the
District if they used Engineered Cap-In-Place alternative, however he would prefer to
work together with the District. Commissioner Spane stated, given the economics of
the alternatives, he supports staff’s recommendation. Commissioner Bixler stated his
support for staff’s recommendation. Commissioner Bixler suggested providing the
mitigation somewhere else on San Diego Bay. Mr. Brown stated that one-acre habitat
creation is required for approval from the resource agencies. Commissioner Bixler
requested that staff explore having the flexibility for the mitigation and report back to
the Board. Bruce Hollingsworth, Executive Director, discussed Commissioner Bixler’s
suggestion of exploring alternative sites for the mitigation. Commissioner Rios
concurred with Commissioner Bixler’s suggestion regarding the pursuit of mitigation at
another site and stated support for staff’s recommendation. Commissioner Davis stated
his preference for Dredge and Sediment Disposal alternative if money was not a
concern, however the District has the responsibility to keep the bay clean.
Commissioner Davis stated that the District has a right to pursue reimbursement for
November 18, 2003
Page 316
cleanup costs from those who contaminated the site. Mr. Merk stated that staff would
schedule this issue for the December 2, 2003 Board meeting.
Board concurred with staff’s recommendation and directed staff to work with the
resource agencies and environmental groups to explore other sites for possible
mitigation, by the following vote: Yeas-Bixler, Compton, Cushman, Rios, Spane, Van
Deventer; Nays- Davis; Excused-None; Absent-None; Abstained- None.
DISCUSSION
REQUEST FROM THE SAN DIEGO SYMPHONY TO USE NAVY PIER FOR THE
SUMMER POPS 2004 AND DIRECTION TO STAFF
Agenda Item 8. Bruce Hollingsworth, Executive Director, requested the Board
discuss and consider the request from the San Diego Symphony to use the Navy Pier
for the Summer Pops 2004 and provide direction to staff. Ward Gill, Executive Director;
Drew Cady, General Manager; and Jack Queen, Chairman, representing the San Diego
Symphony, addressed the Board and discussed the proposed timeline and on-going
dialog with San Diego Aircraft Carrier Museum (SDACM) and District staff regarding the
needs for Summer Pops 2004. Mr. Queen expressed his concern regarding the parking
challenges with the SDACM and making up the loss of parking revenue to the District.
Commissioner discussion ensued. Chairman Van Deventer stated that parking is
a major concern and requested staff work with the Navy regarding the use of their
parking. Chairman Van Deventer also suggested offering shuttle services to address
the parking challenges. Commissioner Cushman requested and received clarification
from Bruce Hollingsworth, Executive Director, and Chris Anderson, Vice President,
Operations, regarding alternative venues for the Summer Pops 2004. Commissioner
Cushman stated the District cannot continue to be a major financial sponsor of the San
Diego Symphony.
Richard Cloward, representing the San Diego Port Tenants Association (SDPTA),
addressed the Board and requested that the tenants be included in the discussions
regarding the parking in this area.
Commissioner discussion continued. Commissioner Davis requested and received
clarification from Paul Fanfera, Acting Senior Director, Real Estate, and Ms. Anderson
November 18, 2003
Page 317
regarding the number of parking spaces available for the SDACM and the Summer
Pops. Ms. Anderson stated that staff would look at the schedules of the Summer Pops
and the San Diego Padres to meet the parking needs. Chairman Van Deventer stated
the importance of addressing the long-range parking needs for this area and requested
that a permanent venue for the Summer Pops be addressed. Commissioner Bixler
suggested including the Design Competition Adviser for the Old Police Headquarters
Central Park Site when discussing possible locations for the Summer Pops. Chuck
Nichols, representing the SDACM, addressed and informed the Board that the grand
opening for the SDACM is scheduled for next April. Mr. Nichols stated that parking will
be difficult this summer if the Summer Pops is located on the Navy Pier, however the
SDACM is willing to work with District staff and the San Diego Symphony to address the
parking needs.
Bruce Hollingsworth, Executive Director, summarized Board direction to staff as
follows: to meet with the San Diego Symphony, SDACM, San Diego Port Tenants
Association and other appropriate parties to look at using the Navy parking lot; to
examine other alternative sites for the Summer Pops including the South Embarcadero,
the flight deck of SDACM and the Old Police Headquarters; work with the San Diego
Padres and the San Diego Convention Center regarding the impact of parking for the
Summer Pops and SDACM; work with the San Diego Symphony regarding a reduction of
financial support from the District; and include in the Recreation Master Plan process a
permanent venue for the Summer Pops.
Board provided direction to staff, by the following vote: Yeas-Bixler, Compton,
Abstained- None.
Van Deventer noted that all Commissioners were present.
PRESENTATION BY HARBOR POLICE K-9 TEAM
Betty Kelepecz, Chief, Harbor Police; Officer Anthony Williams; and Sergeant
James Jordon introduced the newest member of the K-9 Team, Emir. Officer Williams
and Sgt. Jordon provided a brief overview of the K-9 Team and, in response to
November 18, 2003
Page 318
questions from the Board, provided additional information regarding the program. Sgt.
Jordon discussed the collaboration between K-9 programs of other law enforcement
agencies.
ACTION AGENDA
AWARD OF CONTRACT 2003-35 TO CLAUSS CONSTRUCTION FOR
MITIGATION WORK FOR WHARF EXTENSION PROJECT, NATIONAL CITY
from Bob Frankel, Director, Construction Support, regarding whether a credit was
received from General Construction Company for the mitigation work for the project
that was not completed. Mr. Frankel stated that a partial credit of approximately
$150,000 was received.
Board adopted RESOLUTION 2003-194 adopting the Plans and Specifications for Project
No. P1184-5, Mitigation Work for Wharf Extension Project, National City, commonly
known as District Construction Contract 2003-35, and accepting the low bid of Clauss
Construction, in an amount not to exceed $1,192,000.00, based upon prices set forth in
the bid proposal for Mitigation Work for Wharf Extension Project, National City; and
authorizing and directing the execution of Contract 2003-35 on behalf of the District
with Clauss Construction for the performance of said work, by the following vote: YeasBixler, Compton, Cushman, Davis, Rios, Spane, Van Deventer; Nays-None; ExcusedNone; Absent-None; Abstained- None.
RESOLUTION SELECTING AND AUTHORIZING FIVE-YEAR PARKING
MANAGEMENT AGREEMENT WITH FIVE STAR PARKING FOR THE PROPOSED
AIRPORT PARK AND SHUTTLE FACILITY AT FORMER TELEDYNE INDUSTRIES
SITE ON NORTH HARBOR DRIVE AND RESCINDING RESOLUTION 2003-141
AUTHORIZING MANAGEMENT AGREEMENT WITH ACE PARKING
MANAGEMENT, INC.
Agenda Item 10. David Sandoval, Senior Asset Manager, Real Estate, addressed
the Board and presented staff recommendations. (A copy of the staff report is on file in
the Office of the District Clerk.) Jerry Butkiewicz, representing the San Diego Labor
Council, addressed the Board and stated his support for The Parking Spot.
November 18, 2003
Page 319
Rios, Mr. Sandoval stated that Five Star Parking no longer has a conflict of interest
because it will not be operating the Park Shuttle & Fly parking facility. Mr. Sandoval
stated that Five Star Parking would operate the parking facility for a 1% management
fee. Commissioner Rios stated that she was impressed with The Parking Spot’s
qualifications and liked the idea of bringing in a new company to San Diego.
Commissioner Cushman expressed his concern regarding the letter received from Ace
Parking Management (Ace) regarding the conflict of interest and requested the Port
Attorney look into the matter and report back to the Board. Bruce Hollingsworth,
Executive Director, stated that after discussing the matter with their attorney, the
airport determined that there would be a conflict of interest if Ace operated the
District’s proposed facility. Commissioner Davis requested and received clarification
from Mr. Hollingsworth regarding any other conflicts of interest Ace may have by
operating other parking facilities for District. Commissioner Cushman stated he was
also impressed with the qualifications of The Parking Spot and supported bringing a
new employer to San Diego.
Commissioner Cushman requested and received
clarification from Paul Chacon, representing Five Star Parking, regarding the ownership
of Five Star Parking.
In response to inquiries from Chairman Van Deventer and Commissioner
Cushman, Mr. Sandoval discussed projected revenue for the proposed parking
operators. Commissioner Davis suggested this item be brought back at the next Board
meeting to allow staff to provide a comparison between Five Star Parking and The
Parking Spot. Mr. Sandoval stated that, to meet an April 2004 opening, staff needs to
move forward on this project. Mr. Hollingsworth recommended continuing this item for
two weeks.
Board decided to continue this item to a future Board meeting, by the following vote:
Commissioner Bixler suggested changing the name of the facility to the Harbor
Side Park and Shuttle Facility unless there was reason the District could not change the
name. Mr. Hollingsworth stated that the name of the facility would be changed and if
Board approval is necessary, an item would be placed on the next Board meeting
agenda. Dan Wilkens, Executive Vice President, stated he would examine the name
change from a California Environmental Quality Act (CEQA) perspective.
November 18, 2003
Page 320
ORDINANCE AMENDING ARTICLE 0 OF THE SAN DIEGO UNIFIED PORT
DISTRICT CODE
Agenda Item 11. Commissioner Davis noted that he would be abstaining from
the discussion and vote on this item due to a potential conflict of interest given his
declared candidacy for Mayor of San Diego. Commissioner Davis left the dais and the
Boardroom at 4:06 p.m. Duane Bennett, Port Attorney, and Bill McMinn, Deputy Port
Attorney, addressed the Board and presented staff recommendations. (A copy of the
Commissioner discussion ensued. In response to inquiries from Chairman Van
Deventer and Commissioner Cushman regarding whether any lunch over $50 is gift, Mr.
McMinn stated yes. Mr. Bennett stated that meals are gifts and staff will request a
written interpretation regarding this issue from the Fair Political Practices Commission
(FPPC). Commissioner Bixler suggested seeking an interpretation from the State
Attorney’s Office regarding this issue, due to a possible conflict between State and
Federal jurisdictions. Chairman Van Deventer suggested getting an interpretation
regarding this issue from the City Attorneys Association of San Diego for the cities and
county.
Board adopted ORDINANCE 2275 amending Article 0 of the San Diego Unified Port
District Code, entitled “Code of Ethics,” in its entirety, to read as more particularly
outlined in Ordinance 2275, by the following vote: Yeas-Bixler, Compton, Cushman,
Rios, Spane, Van Deventer; Nays-None; Excused-None; Absent-None; Abstained-Davis.
OFFICER’S REPORT
a. Change Order Nos. 20 for $63,024.56; and 21 for $6,586.34 to Contract No.
2000-03 with General Construction Company for National City Marine Terminal
Wharf Extension.
b. Change Order No. 2 for 30 Calendar Days to Contract No. 2002-30R with
Architectural Signs and Graphics, Inc. for Way Finding Signage.
November 18, 2003
Page 321
c. Change Order Nos. 8 for $4,999.00; and 9 for a credit of $999.00 to Contract No.
2002-53 with Elken Contracting Company for Imperial Beach Pier Utilities
Improvements.
d. Change Order Nos. 3 for $6,332.54; and 4 for $16,268.70 to Contract No. 200301 with SRM Contracting and Paving for Major Pavement Repairs, Harbor Island
and Shelter Island Tidelands Pavement Management Program.
e. Change Order Nos. 4 for a credit of $1,129.00; 9 for $565.00; 10 for $2,287.00
and 1 Calendar Day; 11 for $1,444.00 and 1 Calendar Day; 12 for $309.00; 13
for $311.00 and 1 Calendar Day; and 14 for $658.00 and 1 Calendar Day to
Contract No. 2003-07 with Ghassan Construction for Canyon Path Pedestrian
Access Improvements.
f. Change Order No. 3 for 10 Calendar Days to Contract No. 2003-12 with VCI
Telcom, Inc. for 10” Fire Main and Underground Improvements, South Campus
Property, Chula Vista, CA.
g. Change Order No. 1 for a credit of $309.00 to Contract No. 2003-14 with SRM
Contracting and Paving for Repair of Civic Center Drive, National City, CA.
h. Change Order No. 1 for $41,000.00 to Contract No. 2003-27 with Geotechnical
Stabilization, Inc. for Fill Voids Under Pavement East of B Street Pier.
Agenda Item 13. Bruce Hollingsworth, Executive Director, announced that the
“Urban Tree” Program opening was a success and well attended.
Karen Porteous, Director, Human Resources, and CJ Lucke, Director, Corporate
Services, addressed the Board and provided a brief update on the efforts taken to assist
the employees affected by Fire Storm 2003.
Agenda Item 14. Commissioner Rios reported on the recent trade mission and
thanked Ron Popham, Senior Director, Maritime, and Miguel Reyes, Senior Maritime
Trade Account Manager, Maritime Trade Development, for their hard work. Chairman
Van Deventer stated the trip was a success and he would provide a report to the Board.
Commissioner Bixler commended Bruce Hollingsworth, Executive Director, for his
summary of the motions. Commissioner Bixler requested that staff respond to the
November 18, 2003
Page 322
recent newspaper article regarding the Cinderella Carriage Company. Rita Vandergaw,
Senior Director, Marketing & Communica~ons,addressed the Board and stated a letter
has been drafted to the editor, and staff has responded to e-mails with the facts.
CLOSED SESSION
Agenda Items 15, 16 and 17. Chairman Van Deventer noted there were no
additional items on the open session agenda for discussion, whereupon Duane Bennett,
Port Attorney, announced the closed session items for today's agenda, as follows:
-
CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
The Redevelopment Agency of the City of San Diego vs. SDG&E
Pursuant to Subdivision (c) of Government Code Section 54956.9: One Case
Significant exposure to litigation pursuant to Subdivision (b)( 1) of Government
dcretary, Board of P$ Commis56net-s
Clerk of e
n Diego Unified Port District
December 2, 2003
Page 323
MINUTES
9:05 a.m. Tuesday, December 2, 2003, in the Board Room at 3165 Pacific Highway, San
Diego, California.
ROLL CALL
Agenda Item 1.
Present:
Deventer; OFFICERS Hollingsworth, Bennett and Heinrichs.
Absent:
None.
Excused:
None.
WORKSHOP
PRESENTATION AND ADOPTION OF PUBLIC ART RESOURCE GUIDE
Agenda Item 3. Catherine Sass, Director, Public Art; Bill Harris, Public Art Project
Manager; Celestine de la Victoria, Public Art Project Manager; and Allan Tait, Executive
Assistant I, Public Art, addressed the Board and presented an overview of the Public Art
Resource Guide, Public Art Program highlights and the new Public Art video. (A copy of
the presentation is on file in the Office of the District Clerk.)
Sharon Cloward, representing the San Diego Port Tenants Associations (SDPTA),
addressed the Board and stated her support for the Public Art Resource Guide. Ms.
Cloward suggested the SDPTA become involved in the review process prior to Board
approval and that the Public Art Department facilitate improved signage for the Port
tenants.
December 2, 2003
Page 324
Bixler regarding the budget process for maintenance of public art on District tidelands,
Bruce Hollingsworth, Executive Director, stated funding for acquiring public art comes
from the Public Art fund and is transferred as part of the budgeting process. Mr.
Hollingsworth stated that staff would identify in a budget footnote the amount
budgeted for maintenance of the art pieces. Mr. Hollingsworth also stated that those
who donate art pieces provide the funding for the maintenance the art. Ms. Sass
discussed the need for a professional conservation program for existing art pieces. Ms.
Sass stated that donated art items require an endowment fund for maintenance over
the life of the artwork. Commissioner Rios stated her support for the Public Art
Department having the responsibility of tenant signage.
Commissioner Bixler stated that the correct name of Pier Plaza is Portwood Pier
Plaza and should be changed in the Guide. Commissioner Bixler suggested that staff
insert a picture of the Spirit of Imperial Beach and a better picture of the Ocean Riders
into the Guide. Commissioner Bixler suggested alternative language for the Public Art
Goals section for Imperial Beach. Commissioner Bixler stated that it is the vision of the
Port District Public Art Program to create an outdoor walking public art experience along
the Imperial Beach oceanfront and Pond 20 area. Commissioner Bixler stated that,
along these lines, eighteen sites along Seacoast Drive from its North terminus to its
South terminus and at each street end west of Seacoast Drive are all viewed as long
term opportunities to implement this goal, and that subject to further specification,
Pond 20 is expected to host other public art. Chairman Van Deventer stated the need
for community buy-in for the Public Art Program and the importance of having a Public
Art Resource Guide. Commissioner Cushman stated that the Guide was well done, and
that he would like input from the tenants before Board approval. Mr. Hollingsworth
reiterated the Board direction as the following: shifting tenant approval before Board
approval; including Commissioner Bixler’s proposed changes to the Guide; and having
the Public Art Department facilitate improved signage for the tenants.
Chairman Van Deventer noted that all Commissioners were present.
PRESENTATION AND ADOPTION OF PUBLIC ART RESOURCE GUIDE
Agenda Item 4. Rita Vandergaw, Senior Director, Marketing & Communications;
Marlee Ehrenfeld, President MJE Marketing Services; Dr. David Dozier, San Diego State
University; and Amanda Lugg-Ramsey, Marketing/Public Relations Representative II,
addressed the Board and presented an overview of the Marketing and Communications
December 2, 2003
Page 325
Division, including The Big Bay Program. Dr. Dozier presented the results of surveys
conducted to evaluate the impact of the Marketing and Communications Programs. (A
copy of the presentation is on file in the Office of the District Clerk.)
Joseph Melluso, representing the San Diego Port Tenants Association (SDPTA),
addressed the Board representing Sharon Cloward, of the San Diego Port Tenants
Association (SDPTA), stating her support of The Big Bay Program. Mr. Melluso stated
the need for all tenants to have an insignia to represent their participation in The Big
Bay Program and to serve as symbol for being a Port tenant.
Commissioner Cushman expressed his
disappointment in the survey results that showed a small increase in familiarity with the
“The Big Bay” slogan. Commissioner Cushman expressed frustration concerning the
lack of a Big Bay annual signature event for the District. Commissioner Cushman also
expressed disappointment with spending of visitors remaining stable. Commissioner
Cushman stated the need for a new invigorated campaign to get more citizens of San
Diego to the waterfront. Ms. Ehrenfeld stated the spending level was a success,
considering the economic conditions at the time. Commissioner Bixler suggested that
the signature event could reflect the Spanish heritage of the county similar to the Fiesta
Del Pacifico. Commissioner Bixler suggested that the depth of the Bay could be better
illustrated in the chart depicted in the Maritime Division Complete Guide to the Port of
San Diego. Commissioner Bixler also suggested that the Guide communicate the
District’s commitment to dredge of the Bay. Commissioner Spane commended staff for
the increase in the Cruise Ship Program. Commissioner Spane stated that there is an
opportunity to utilize the San Diego Aircraft Museum to draw people to the Bay.
Commissioner Davis requested and received clarification from Ms. Vandergaw
regarding the budget for the Marketing and Communications Division. Ms. Vandergaw
stated that the overall budget for the division has been reduced. Ms. Vandergaw stated
that primary media expense has been for The Big Bay Program that is in direct support
of the Real Estate Division. In response to a suggestion from Commissioner Davis
regarding the potential of a cruise trade show in San Diego, Ms. Vandergaw stated that
it would be difficult, but staff could work toward it. Commissioner Davis expressed his
concern regarding whether The Big Bay Program is an effective marketing tool for the
Bay. Commissioner Davis reiterated the need to create a signature event as a goal for
the District. Mr. Hollingsworth clarified that the $5 million budget is for the entire
division not just The Big Bay Program. Chairman Van Deventer reminded the Board
that a signature event could be time-intensive and expensive. Commissioner Bixler
suggested that funding be focused on the core businesses of the District.
Commissioner Rios suggested developing a compelling reason for people to come to the
December 2,2003
Page 326
Bay, such as water activities. Commissioner Bixler suggested focusing marketing efforts
on Big Bay bargains. Commissioner Davis suggested working with other agencies to
draw people to the Bay during the opening week of the baseball stadium.
SadDiego Unified Port District
Clerk of the S w e g o Unified Port District
December 2, 2003
Page 327
MINUTES
11:30 a.m. Tuesday, December 2, 2003, in the Board Room at 3165 Pacific Highway,
ROLL CALL
Agenda Item 1.
Present:
Deventer; OFFICERS Hollingsworth, Bennett.
Absent:
None.
Excused:
None.
CLOSED SESSION
Agenda Item 3. Chairman Van Deventer announced the Board would enter into
closed session for:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
San Diego County Regional Airport Authority vs. SDUPD; Board of Port
Commissioners, et al.
San Diego Superior Court No. 821224
December 2,2003
Page 328
SDUPD, Redevelopment Agency of City of San Diego, Plaintiffs, vs. Exxonmobil
Corporation, Defendant; Exxonmobil Corporation, Counter Claimant, vs. SDUPD,
Redevelopment Agency of City of San Diego, Counter Defendants
United States District Court, Southern District of California, No. 03 CV1053 DMS
(PW
David L. Malcolm vs. David R. Chapman, SDUPD, et al.
Aqenda Item 4.
PUBUC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957: Port Attorney
Chairman Van Deventer adjourned the special meeting at 1:OO p.m.
Sanbiego Unified Port D&ict
ATTEST:
Clerk of the San D&o Unified Port District
!
December 2, 2003
Page 329
MINUTES
Tuesday, December 2, 2003, in the Board Room at 3165 Pacific Highway, San Diego,
California.
ROLL CALL
Agenda Item 1.
Present:
McEntee.
Absent:
None.
Excused:
None.
APPROVAL OF MINUTES
Agenda Item 2. The minutes submitted for the regular meeting of November 18,
2003, were approved on motion of Commissioner Davis, seconded by Commissioner
Compton.
Agenda Item 3. Diane Powers, representing Bazaar Del Mundo, addressed the
Board and expressed her interest in relocating to the Old Police Headquarters.
CLOSED SESSION
Duane Bennett, Port Attorney, reported that there was only direction given and
no reportable action resulted from today’s closed session. Mr. Bennett stated that item
4 (Public Employee Performance Evaluation) was not discussed.
December 2, 2003
Page 330
CONSENT AGENDA
Board, with a single vote, adopted consent agenda items 4 and 5 (Resolutions 2003195 and 2003-196) by the following vote: Yeas-Bixler, Compton, Cushman, Davis, Rios,
Spane, Van Deventer; Nays-None; Excused-None; Absent-None; Abstained- None, as
follows:
DESIGNATION OF MANUFACTURERS AND TRADERS TRUST COMPANY TO ACT
AS THE PASSIVE TRUSTEE OF THE DISTRICT’S 401(A) MONEY PURCHASE
PENSION PLAN
RESOLUTION 2003-195 authorizing and directing the
Agenda Item 4.
designation of Manufacturers and Traders Trust Company to act as the passive trustee
of the District’s 401(a) Money Purchase Pension Plan, and authorizing the Executive
Director or his authorized representative to incur costs, as necessary, in connection with
the designation of said Manufacturers and Traders Trust Company, was adopted as part
PURCHASE OF REGULAR GASOLINE
Agenda Item 5. RESOLUTION 2003-196 authorizing participation in the Gasoline
and Diesel Fuel Contract between the County of San Diego and Falcon Fuels, Inc.,
County of San Diego RFB No. 40063, and in particular Section A, for the purchase of
regular gasoline for the one (1) year period commencing October 27, 2003, and ending
October 26, 2004, plus, at the discretion of the County of San Diego, two (2) additional
one (1) year options may be exercised, in accordance with the terms, covenants and
conditions contained in said Contract, to be placed on file in the office of the District
Clerk as Document No. 46759; further, that an expenditure not to exceed $205,000.00,
including taxes, is hereby authorized for the one (1) year period commencing October
27, 2003, and ending October 26, 2004, for the purchase of said regular gasoline and
diesel fuel, and that in the event the County of San Diego elects to exercise its two (2)
additional one (1) year options under said Contract, the District shall have the
opportunity to participate, provided, however, that the funds for said option periods
shall be subject to authorization by the Board of Port Commissioners in each instance,
December 2, 2003
Page 331
HARBOR DRIVE AND SECONDARY ACCESS ROAD IMPROVEMENTS, SAN
DIEGO, CALIFORNIA: A) CONDUCT PUBLIC HEARING AND ADOPT A
RESOLUTION AUTHORIZING ISSUANCE OF AN APPEALABLE COASTAL
DEVELOPMENT PERMIT, B) RESOLUTION ADOPTING PLANS AND
SPECIFICATIONS AND AWARDING CONTRACT NO. 2003-20R TO SIERRA
PACIFIC WEST, INC., IN AMOUNT NOT TO EXCEED $779,604.77
Agenda Item 6. Bill Chopyk, Manager, Planning Services, and Mahmoud
Akhavain, Associate Engineer, Engineering, addressed the Board and presented staff
recommendations regarding Harbor Drive and secondary access road improvement
projects. (A copy of the staff report and presentation are on file in the Office of the
District Clerk.)
Chairman Van Deventer opened the Public Hearing. Scott Swain, representing
Swain Oil Transport, addressed the Board and expressed his concern regarding the
feasibility and logistics of getting fuel trucks to and from the terminal located at 8th and
Harbor. Mr. Swain expressed his concern regarding the impact that the proposed
access roads may have on the fuel trucks’ ability to access the terminal due to the
turning radius of the trucks. Mr. Akhavain stated that the roads have been design for a
50-foot turning radius.
Mr. Gene Hester, representing the Jankovich Company, addressed the Board and
expressed his concern regarding not having enough room to make a U turn on 8th and
Harbor. Mr. Akhavain stated that Harbor Drive is under City of San Diego jurisdiction,
which does not allow for a U turn.
Commissioner discussion ensued. Commissioner Cushman suggested continuing
this item to the December 16, 2003, Board meeting. Commissioner Cushman requested
that staff assure that the bid totals submitted are accurate. Commissioner Bixler
requested staff address the following questions and issues when this item comes back
to Board: the number of signal lights that are going to be involved in this general area;
whether signal lights are capable of being signalized; and request in writing that the
City of San Diego designate this area for photo enforcement. Commissioner Bixler
stated that he hoped the signal lighting concept could be included as standard in future
District projects.
December 2, 2003
Page 332
Chairman Van Deventer stated that this item would be continued to the
December 16, 2003, Board meeting.
ACTION AGENDA
CAMPBELL SEDIMENT REMEDIATION/AQUATIC ENHANCEMENT PROJECT:
CERTIFICATION OF FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT
REPORT (UPD #83356-EIR-550; SCH #2002031096); ADOPTION OF
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS;
ADOPTION OF MITIGATION MONITORING AND REPORTING PROGRAM
Agenda Item 7. David Merk, Director, Recreation & Environmental Services;
Betty Dehoney, representing P&D Consultants, Inc.; and Michael Whelan, representing
Anchor Environmental, addressed the Board and presented staff recommendations. (A
Ms. Dehoney and Mr. Whelan addressed several concerns included in a letter received
from the San Diego Bay Council dated December 1, 2003.
Davis regarding staff recommendations, Mr. Merk stated that after the Board approves
this item, staff would request a permit from the Regional Water Quality Control Board
and other agencies. Commissioner Davis stated that he is not comfortable with staff’s
recommended remediation option.
Commissioner Bixler requested and received
clarification regarding whether any scientific facts have been presented to staff stating
that the proposed Engineered-Cap-In-Place would not be successful. Mr. Merk stated
no. Commissioner Bixler requested and received clarification on the progress of staff
exploring other alternatives for the mitigation. Mr. Merk stated that the Board’s
approval of this item would not close from further consideration the opportunity for
flexibility of the mitigation. Mr. Merk stated he has met with the Environmental Health
Coalition regarding this issue. Commissioner Bixler requested to include in the motion
that the opportunity of providing the mitigation somewhere else on San Diego Bay is
still open for discussion.
Board unanimously adopted RESOLUTION 2003-197 regarding the Campbell Sediment
Remediation/Aquatic Enhancement Project: Certification of Final Supplemental
Environmental Impact Report (UPD # 83356-EIR-550; SCH # 2002031096); Adoption of
Findings of Fact and Statement of Overriding Considerations; Adoption of Mitigation
Monitoring and Reporting Program, finding the facts recited in Resolution 2003-197 are
December 2, 2003
Page 333
true, and further, that the Board has jurisdiction to consider, approve, and adopt the
subject of said Resolution; subject to certain express conditions as more specifically
delineated in Resolution 2003-197, and Exhibits A and B (on file in the Office of the
District Clerk), by the following vote: Yeas- Bixler, Compton, Cushman, Davis, Rios,
Spane, Van Deventer; Nays-None; Excused-None; Absent-None; Abstained-None.
SOUTHWEST MARINE, INC. – PROPOSED BULKHEAD EXTENSION PROJECT
Bill Chopyk, Manager, Planning Services, addressed the Board and presented
staff recommendations. (A copy of the staff report and presentation are on file in the
ADOPTION OF FINAL MITIGATED NEGATIVE DECLARATION FOR SOUTHWEST
MARINE BULKHEAD EXTENSION, SAN DIEGO
Agenda Item 8a.
Commissioner Bixler, the Board adopted RESOLUTION 2003-198 adopting and
approving the Final Mitigated Negative Declaration for the Project entitled “Southwest
Marine Bulkhead Extension, San Diego, California,” including without limitation the initial
study and public comments, on file in the office of the District Clerk as Document No.
46760, making certain findings as more particularly described in Resolution 2003-198;
further, that this action constitutes final environment approval and for that purpose
only, the District approves the proposed Project, and authorizing and directing the filing
of a Notice of Determination with the Secretary for Resources and the San Diego
County Clerk, by the following vote: Yeas-Bixler, Compton, Cushman, Davis, Rios,
Spane, Van Deventer; Nays-None; Excused-None; Absent-None; Abstained- None.
COASTAL DEVELOPMENT
EXTENSION, SAN DIEGO
PERMIT
–
SOUTHWEST
MARINE
BULKHEAD
Agenda Item 8b.
Commissioner Rios, the Board adopted RESOLUTION 2003-199 making certain findings,
as more specifically outlined in Resolution 2003-199, including the proposed Project,
which is entitled “Southwest Marine Bulkhead Extension” is consistent with the use and
development concept for the Tenth Avenue Marine Terminal area and the Project is a
Non-Appealable Development which conforms to the certified District Master Plan; and
the proposed Project is located between the sea (as defined in the Coastal Act) and the
first inland continuous public road paralleling the sea, and said Project is consistent with
December 2, 2003
Page 334
access and recreation policies referenced therein, because the proposed Project will not
interfere with the public’s right of access to the sea, nor will it impact any public
recreation areas near the Project; further authorizing and directing the issuance of a
Coastal Development Permit for said Project, said Coastal Development Permit shall
require compliance with the Standard Provisions and Short-Term Construction Measures
incorporated therein, and in particular the mitigating and monitoring conditions listed
under Special Provisions section thereof, was adopted by the following vote: YeasBixler, Compton, Cushman, Davis, Rios, Spane, Van Deventer; Nays-None; ExcusedNone; Absent-None; Abstained- None.
RESOLUTION SELECTING AND AUTHORIZING FIVE YEAR PARKING SERVICES
CONTRACT WITH FIVE STAR PARKING FOR THE PROPOSED PUBLIC
PARKING FACILITY AT FORMER TELEDYNE INDUSTRIES SITE ON NORTH
HARBOR DRIVE AND RESCINDING RESOLUTION 2003-141 AUTHORIZING
MANAGEMENT AGREEMENT WITH ACE PARKING MANAGEMENT INC.
Agenda Item 9. Chairman Van Deventer announced that this item would be
continued to a future Board meeting.
ELECTION OF CHAIRMAN AND SECRETARY – 2004 BOARD OF PORT
COMMISSIONERS
Agenda Item 10.
Commissioner Bixler, the Board adopted RESOLUTION 2003-200 electing Peter Q. Davis
as Chairman of the Board of Port Commissioners, and electing Robert J. “Rocky” Spane
as Secretary of the Board of Port Commissioners, by the following vote: Yeas-Bixler,
Absent-None; Abstained- None.
yesterday the District held a kick-off for the 2003 United Way Campaign. Mr.
Hollingsworth stated the Board contributed over $377 for the employees affected by
Fire Storm 2003.
Page 335
December 2,2003
Aaenda Item 12. Commissioner Davis thanked the Board for their support. In
response to an inquiry from Commissioner Davis regarding the status of the Old Police
Headquarters design competition, Ralph Hicks, Director, Land Use Planning, stated that
a Board workshop has been scheduled for December 16, 2003, to discuss the design
competition process.
Commissioner Spane thanked the current officers of the Board for their hard
work.
Commissioner Bixler commended staff for the ad that ran in the San Diego
Union-Tribune regarding the development opportunities on America's Cup Harbor.
Commissioner Bixler requested from staff the status of installing an American flag at the
Old Harbor Police Headquarters. Commissioner Bixler requested staff install a holiday
wreath on the towers of the Old Harbor Police Headquarters. Commissioner Bixler also
requested that basic landscaping be provided a t the Old Harbor Police Headquarters.
Dan Wilkens, Executive Vice President, addressed the Board and stated that staff is
currently working on Commissioner Bixler's requests.
A
Sa6 Diego Unified Port DEtrict
AlTEST:
December 16, 2003
Page 336
MINUTES
9:05 a.m. Tuesday, December 16, 2003, in the Board Room at 3165 Pacific Highway,
ROLL CALL
Agenda Item 1.
Present:
OFFICERS Hollingsworth, Bennett and Heinrichs.
Absent:
None.
Excused:
WORKSHOP
OLD POLICE HEADQUARTERS CENTRAL PARK SITE DESIGN COMPETITION
PROGRAM RECOMMENDATIONS
Agenda Item 3. Ralph Hicks, Director, Land Use Planning; Bill Liskamm,
Competition Advisor; and Randa Coniglio, Senior Asset Manager, Real Estate, addressed
the Board and presented an overview of the Design Competition program
recommendations. (A copy of the presentation is on file in the Office of the District
Clerk.)
December 16, 2003
Page 337
this item: Joseph Jeter, representing the Cinderella Carriage Company; John Graham,
representing the San Diego Police Historical Association (SDPHA); Del de Windt,
representing Manchester Resorts; Bruce Coons, representing Save Our Heritage
Organization (SOHO); Diane Barbara Coombs, representing Citizens Coordinate for
Century 3; Vonn Marie May, representing (SDPHA); Barbara Winton; Steve Willard,
representing (SDPHA); Tom Anglewicz; Mike Stepner; Howard Blackson, representing
the Council of Design Professionals; Gary Smith, representing San Diego Downtown
Residents Group; Christine Gant; and Diane Powers, representing Bazaar del Mundo.
Commissioner discussion ensued. Commissioner Spane thanked staff and all
who worked on the presentation and the competition proposals. Commissioner Spane
stated that, with regard to the design competition, the whole thing should be kept in
place, and did not see how a piece of the project could be given up and still make the
best project possible for this very important piece of land. Commissioner Spane cited a
similar situation at the World Trade Center in New York involving issues including a
Police Memorial, as well as commercial and public use of land. Commissioner Spane
stated that this is a signature piece of property for San Diego and the entire region, and
everybody will have to give a little bit in order to create the best project outcome.
Commissioner Spane stated his belief that the developer should be not be a part of the
design jury, as this is an architectural process, not a construction process at this point.
Commissioner Bixler agreed with Commissioner Spane’s comments, specifically
that sole sourcing for the use of the Old Police Headquarters may invalidate the
purpose of the design competition. Commissioner Bixler stated that carving out an
important piece limits the flexibility of the project. In response to Commissioner Bixler’s
questions regarding why Tuna Harbor seems to have been excluded from the entire
concept, Mr. Hicks stated first that Tuna Harbor is not part of any leasehold within the
area, and secondly that, in the land use category for the Harbor, commercial fishing
receives the highest priority under the Coastal Act. Mr. Hicks stated that staff did not
see an opportunity for commercial development of the Harbor at this time. Mr. Hicks
mentioned past discussions regarding relocating the fleet to other areas, such as
America’s Cup Harbor. Commissioner Bixler stated that a spokesman for Tuna Harbor
has asked him to request the competition consider some nexus between the Harbor and
proposed plans. Commissioner Bixler suggested some compatibility and vision could be
exercised that links the two.
Commissioner Davis thanked those who have participated in the design
competition so far. Commissioner Davis mentioned the competition’s purpose to bring
December 16, 2003
Page 338
out passion and ideas regarding this valuable piece of property during this window of
opportunity. Commissioner Davis stated the need to look at the acreage in its entirety.
Commissioner Davis stated that, through the design competition, the greatest minds
could advise the Port District how to use the land, so the competition should be left
open, not possessive or protective. Commissioner Davis stated the design competition
would include plenty of public opportunity for input, resulting in an opportunity to look
at what has been gathered, without including a development contract. Commissioner
Davis agreed with the previous comment that a little give and take is necessary.
Commissioner Davis further stated his opinion that the proposed jury size is too big,
and suggested a 5-person jury.
Commissioner Davis described his experience at Centre City Development
Corporation (CCDC) relating to San Diego historic buildings, specifically the issues of
buildings not being used and how to reuse them, versus how to save their historic use.
Commissioner Davis stated that, if the Old Police Headquarter building could be used in
its present form, it probably would have been used, so adaptive reuse must be
considered by competitors, although it is very difficult to do. Commissioner Davis noted
the example of the Lyceum Theater, which saved only its name; the Horton Grand
Hotel, which was relocated but retained its state certifications; and the Golden West
Hotel that was saved in original form, but has proven least useful and least beneficial.
Commissioner Davis stated that tax use is not totally in our control, so he is not a
proponent that historic tax credits should be a determining force.
Commissioner Davis stated his opinion that the competition cost of $250,000 is
very fair. Commissioner Davis stated his support for the density of 186,000 s.f., as it
would yield an additional $ 1.5 million beyond current revenue, and there is apparently
enough parking space on site currently for that kind of growth. Commissioner Davis
expressed his concern regarding giving the competition winner the signature building,
as his understanding was that the candidates compete and provide their best designs,
from which the District will pick with no responsibility to use them as the architects.
Commissioner Davis advised finding an incentive that does not lock in the District, and
suggested that winning the competition and getting national recognition would serve as
incentive beyond covering their costs.
Commissioner Davis stated his concern that the immediate park plans seem to
be an attempt to placate and take care of our responsibilities, however the park
construction is scheduled only 30 days after the proposed competition longer timeline
would end. Commissioner Davis stated his preference to have the competition
designers include the park design, and expressed apologies to the residents and nearby
December 16, 2003
Page 339
tenants for the delay it would cause in building the park. Commissioner Davis agreed
with the uses referred to on page 5 of staff’s presentation handout, and recommended
that staff talk to Bazaar del Mundo and the Public Market to find out how much of the
building they would need. Commissioner Davis stated his opinion that the importance
of reuse should be equal with historic use to get the full value out of the building.
Commissioner Davis expressed his reassurance that the decided density would
provide the kind of cash flow against which the District can bond for future financing
needs, like a parking garage. Commissioner Davis stated his opinion that parking
should remain in front of the Police Station, as it would be easier to use the Police
Station, thus he would hesitate to put a temporary park there.
Commissioner Compton stated his support of the comments given by the other
Commissioners so far. Commissioner Compton reiterated to all that the Port must have
a certain amount of income to maintain the parks and to preserve the tideland entities.
Commissioner Compton explained that the Port is looking for a balance for the area as
it is designed and then approved by the Port. Commissioner Compton advised to
proceed with design competition, yet stated his opposition to the idea of separating the
Police Station from the rest of the design competition, as it would limit the creative
ability of the design competition. Commissioner Compton stated the District must
realize that it will have to live with the result for many years, so the District wants to
see a lasting, significant edifice to the city of San Diego and the region.
Commissioner Rios agreed with the other Commissioners, and advised to
proceed with the competition. Commissioner Rios stated her support for keeping the
project components together, and agreed with Commissioner Bixler’s comments
regarding the importance of compatibility with Tuna Harbor. Commissioner Rios agreed
with the comment by a public speaker regarding preserving the buildings’ uniqueness
and keeping a historic perspective, including the Spanish/Mexican influence in the
architectural design. Commissioner Rios applauded Bazaar del Mundo for providing
much pleasure in the past for San Diego and its visitors, and expressed her hope that it
can be a part of this project as the design competition proceeds.
Commissioner Van Deventer referred to the Board decision made at the July 15,
2003, Board workshop regarding keeping the main pieces of the Old Police
Headquarters, and further stated that a small section needs to be set aside for a
museum for the Police Association. Commissioner Van Deventer expressed his concern
regarding the size of the jury, specifically the inclusion of a developer and Board
member. Commissioner Van Deventer stated that the Board must be open and very
December 16, 2003
Page 340
clear in the competition process, setting out policy and letting the jury work with that
policy. Commissioner Van Deventer reiterated the need to ensure that revenue sources
are adequate to pay for maintenance requirements for the project.
Commissioner Van Deventer expressed hesitance at awarding the winner with a
right to negotiate a contract with a private developer to design at least one of the
signature buildings, since the Board will want an open design plan that can be mixed
and matched. Commissioner Van Deventer stated the importance of providing a view
corridor to the Bay, as was promised in the past, and that the Board’s instructions must
be laid out at the beginning and understood in the competition. Commissioner Van
Deventer observed that, with the current buildings on the end of the Old Police
Headquarters left in place, there is no way to get the view corridor.
Commissioner Van Deventer stated that the issue of tax credit is not a decisive
factor, since the Port needs the best project outcome to serve as an important link in
the waterfront from the North Embarcadero. Commissioner Van Deventer cited the
need to consider the overall master plan, particularly the operator of Seaport Village,
who needs clear directions on the project to be a part of bidding on the area.
Commissioner Van Deventer noted that the issue of parking on nearby Navy property
has been addressed, and it cannot happen until the military makes a decision.
Commissioner Van Deventer stated a possibility for future opportunities to address
parking in the whole area from Broadway to Market Street.
Commissioner Van
Deventer stated his support for not blocking the Hyatt with a parking structure, but
agreed that a low-level parking structure, as recommended by the Seaport Village
operators, would fit in and address the parking needs. Commissioner Van Deventer
stated his preference for the competition timeframe with the extra two weeks, and
recommended to move forward with the competition.
Commissioner Bixler spoke to clarify Commissioner Davis’ comments regarding
the density he advocated, which was Medium density. Commissioner Van Deventer
reiterated the issue of revenue being enough to maintain the project and provide for
future financing for a parking structure.
Commissioner Van Deventer asked for a motion. Commissioner Davis moved to
have a jury of five, including a historian, a landscape architect, an urban park architect,
a civic park architect and a resident; to include all of the project components in the
design competition; to clean up the area, with no immediate demolition of the Police
Station and no installation of a temporary park until the District has the design from the
competition; to use the longer competition timeline; to use 190,000 s.f. density to allow
December 16, 2003
Page 341
for varying activities in the area; and to encourage use of and orientation to the
waterfront. Commissioner Spane seconded the motion.
Commissioner Bixler requested clarification of the motion regarding demolition,
specifically whether it meant no historical structure demolition, but to proceed with the
Phase 2 demolition of the two non-historic structures. Commissioner Davis stated he
would be open to revising his motion, and that, by not demolishing any structures, the
buildings could remain open to other uses. Commissioner Bixler stated his opinion that
the non-historic structures need to be demolished immediately.
Commissioner Bixler requested further discussion from the Board regarding the
issue of delaying temporary greenscape construction of the park until the competition
comes forward. Commissioner Davis noted that the end of the competition is only five
months away, so it made sense to wait and see what the designers propose for the
park area. Commissioner Bixler agreed with the immediate plan of not constructing
greenscape, as long as the area is cleaned up.
Commissioner Van Deventer agreed with Commissioner Bixler that the nonhistoric structures should be demolished. Commissioner Van Deventer reiterated the
importance of the view corridor to the design, which should be emphasized in the
competition.
Commissioner Rios requested clarification on the density, particularly whether
the Medium density of 190,000 s.f. should be a minimum. Commissioner Davis
expressed his willingness to amend the motion to specify Medium density as a minimum
instead of a target.
Mr. Liskamm stated that a density level of Medium to High would serve to attract
a developer later. Mr. Liskamm expressed his concern regarding the award for the
competition winner, specifically that the incentive must be adequate, since the costs for
each entry could be five times more than the cash award. Mr. Liskamm stated that an
opportunity to negotiate with the developer was included to attract designers of the
best caliber. In response to Commissioner Davis’ inquiry as to whether the current
awards would encourage the designers to include a signature building that they might
not otherwise do, Mr. Liskamm responded that the independent jury would provide
control measures for the building plans. Mr. Liskamm suggested an alternative idea to
offer the winner the opportunity to be the ongoing planner for the project. In response
to Commissioner Davis’ question regarding whether the Seaport Village operator would
be obligated to use the winner as architect for future plans, Mr. Liskamm stated that
December 16, 2003
Page 342
the details would be defined in the Master Plan, but that the incentive for the winner is
essentially the Port hiring them. Commissioner Van Deventer stated his support for
such an alternative. Mr. Hicks described a past precedent for this type of alternative,
and concurred with the alternative from staff’s perspective. Commissioner Van
Deventer requested that the alternative be added to the motion.
Bruce Hollingsworth, Executive Director, requested and received clarification of
the motion from Commissioner Davis as directing a change to a jury of five from staff’s
recommendation of 9; including the entire site in the design competition; accepting the
proposed budget; including a consulting opportunity for the winner in terms of some
coordination or design of the project; cleaning up the area with no demolition of the
police station, except the stilt building and gas station canopy; not proceeding with any
immediate development of the park, beyond maintaining the existing landscape;
agreeing with the two week extension to the timeline; designating the target minimum
density level as Medium, or 190,000 s.f.; and including Tuna Harbor as part of the
planning process.
In response to Commissioner Van Deventer’s request for clarification of the
Board’s authorization at the July 15, 2003, Board workshop as to what part of the
buildings would be removed, Mr. Hicks stated that the Board authorized staff to proceed
with the demolition of the garage, the assembly building and one cell block.
Commissioner Bixler advised more discussion to ensure the Board had fully considered
whether they were willing to give up the Central Park viewscape to the Bay, as it will
have an impact on the results of the design competition. Commissioner Van Deventer
stated that the design of the park around the Old Police Headquarters could be open,
but the view corridor would not be possible if all the buildings remained. Mr. Liskamm
reiterated that those goals would be stated in the design competition.
Mr. Hicks stated staff’s understanding of the Board direction thus far as to not
proceed with the demolition of any historical structures, but to proceed with removing
the non-historical structures, specifically the awning and the building on stilts, and that
the removal of any other structures would not take place until after the design
competition. In response to Commissioner Spane’s request for clarification regarding
whether staff would move forward on the demolition of the buildings as decided at the
July 15, 2003 Board workshop, Commissioner Van Deventer reiterated that only the
non-historic structures are subject to immediate demolition.
Mr. Hollingsworth
requested and received clarification regarding the two nonhistoric structures that will be
demolished immediately.
December 16, 2003
Page 343
Commissioner Bixler requested clarification regarding whether the Board desired
to let the July decision stand, or whether the July decision should be held in abeyance
until the competition designers decided what to do with the buildings. Commissioner
Bixler expressed his preference to carry out the original decision. Commissioner Van
Deventer agreed with Commissioner Bixler regarding honoring the Board’s decision
made in July. Mr. Hicks stated that, before the buildings are demolished, staff would
bring a public works contract before the Board for approval, which would not occur until
approximately June, 2004. Commissioner Spane pointed out the broader issue that, if
the buildings remain, the competition designers could still base their designs on the
buildings being there.
Christine Anderson, Chief Operations Officer, noted that the Board’s current
motion stated that the entire site was included in the competition, and advised the
Board to either vote the motion on the floor down, or the have the maker amend the
motion. Commissioner Van Deventer requested a motion to amend the original decision
made by the Board in July. Commissioner Spane moved to allow the July decision to
stand, and to base the design competition on that decision.
Commissioner Bixler offered an interpretation of Commissioner Davis’ motion as
to include all possibilities in the design competition, excluding the five structures that
have been designated for demolition. Duane Bennett, Port Attorney, advised that
Commissioner Davis’ motion must be seconded, or if not seconded, a substitute motion
must be made to adopt or confirm the actions discussed. Commissioner Spane stated
that he did second Commissioner Davis’ original motion. Commissioner Davis withdrew
his original motion, and Commissioner Spane withdrew his second.
directed staff to change the jury to five members from staff’s recommendation of 9;
include the entire site in the design competition; accept the proposed budget; include a
consulting opportunity for the winner in terms of some coordination or design of the
project; to not proceed with any immediate development of the park beyond cleaning
and maintaining the existing landscape; proceed with the two week longer timeline;
designate the target minimum density level as Medium, or 190,000 s.f.; include Tuna
Harbor as part of the planning process; and go forward with the plan reflecting the
demolition that was approved by the Board in July, by the following vote: Yeas-Bixler,
Compton, Davis, Rios, Spane, Van Deventer; Nays-None; Excused-Cushman; AbsentNone; Abstained- None.
December 16, 2003
Page 344
I n response to Commissioner Bixler's inquiry regarding when the garage
structure will be torn down, Mr. Hicks stated that the current Capital Development Plan
(CDP) does not include money for the demolition of the buildings. Ms. Anderson
explained that the money in the CDP is for Central Park, not demolition of the buildings,
because it was assumed by staff that the developer would demolish them. Ms.
Anderson stated that the Board could reallocate money in the CDP in March of 2004 for
the demolition of the garage, assembly building and one cell block. There is currently
enough money to demolish the non-historic buildings (i.e. awning and building on
stilts). Commissioner Bixler offered the possibility of allowing the Cinderella Carriage
owners to stay until March, since the demolition delays extend to that time.
Commissioner Van Deventer stated that the Cinderella Carriage owners were already
given an extension to February. Commissioner Van Deventer stated the importance of
moving forward on the demolition of the buildings as soon as possible. Commissioner
Davis stated that architectural decisions are clear, and the financial decision can be left
for negotiations with the developer.
ATTEST:
Clerk of W S a n Diego Unified Port District
December 16, 2003
Page 345
MINUTES
Tuesday, December 16, 2003, in the Board Room at 3165 Pacific Highway, San Diego,
California.
ROLL CALL
Agenda Item 1.
Present:
Absent:
None.
Excused:
APPROVAL OF MINUTES
Agenda Item 2. Commissioner Bixler requested the December 2, 2003, special
meeting minutes be amended to more fully describe the vision and proposed sites for
public art in Imperial Beach.
On motion of Commissioner Compton, seconded by Commissioner Rios, the
Board approved the minutes submitted for the special and regular meetings of
December 2, 2003, as amended, by the following vote: Yeas-Bixler, Compton, Davis,
Rios, Spane, Van Deventer; Nays-None; Excused-Cushman; Absent-None; AbstainedNone.
Agenda Item 3. Lou Conde addressed the Board and expressed his concerns
about SB1896 and the formation of the San Diego Regional Airport Authority.
December 16, 2003
Page 346
CONSENT AGENDA
Commissioner Van Deventer announced that item 10 (Resolution approving a
program and authorizing funding for a project titled “Celebrating the Big Bay”
administered by the Children’s Museum of San Diego) would be pulled for separate
On motion of Commissioner Rios, seconded by Commissioner Bixler, the Board,
with a single vote, adopted consent agenda items 4 through and including 9, 11 and 12
(Ordinances 2276 through and including 2278; and Resolutions 2003-201 through and
including 2003-205, 2003-207 and 2003-208) by the following vote: Yeas-Bixler,
Compton, Davis, Rios, Spane, Van Deventer; Nays-None; Excused-Cushman; AbsentNone; Abstained-None, as follows:
UNIFIED PORT DISTRICT AND FISHERMAN’S LANDING CORPORATION
Agenda Item 4. ORDINANCE 2276 amending the lease agreement dated
September 19, 1989, between the District and Fisherman’s Landing Corporation, a
California corporation, in accordance with Agreement for Amendment of Lease,
Amendment No. 2, on file in the office of the District Clerk as Document No. 46789, was
RENTAL REVIEW – THE FRASER FAMILY TRUST ESTABLISHED MARCH 31,
1986 - SHELTER ISLAND (FEBRUARY 1, 2000, THROUGH JANUARY 31, 2005)
Agenda Item 5a. RESOLUTION 2003-201 establishing the rental covering the
tenancy of The Fraser Family Trust Established March 31, 1986, for premises located on
Shelter Island Drive in the City of San Diego, under lease dated January 9, 1990, as
amended and assigned, for the five (5) year rental review period commencing February
1, 2000, through January 31, 2005, as a minimum of $47,500.00 per year from
February 1, 2000, through December 31, 2000, a minimum of $50,000.00 per year from
January 1, 2001, through July 31, 2002, and a minimum of $67,725.00 per year from
August 1, 2002, through January 31, 2005, or the cumulative total of the percentage
and flat rents more particularly described in Resolution 2003-201, whichever sum is
greater, was adopted as part of the consent agenda.
December 16, 2003
Page 347
RENTAL REVIEW – THE FRASER FAMILY TRUST ESTABLISHED MARCH 31,
1986 - SHELTER ISLAND (FEBRUARY 1, 2005, THROUGH JANUARY 31, 2010)
Agenda Item 5b. RESOLUTION 2003-202 establishing the rental covering the
tenancy of The Fraser Family Trust Established March 31, 1986, for premises located on
Shelter Island Drive in the City of San Diego, under lease dated January 9, 1990, as
amended and assigned, for the five (5) year rental review period commencing February
1, 2005, through January 31, 2010, as a minimum of $72,847.00 per year from
February 1, 2005, through January 31, 2007, a minimum of $77,970.00 per year from
February 1, 2007, through January 31, 2010, or the cumulative total of the percentage
and flat rents more particularly described in Resolution 2003-202, whichever sum is
greater, was adopted as part of the consent agenda.
ORDINANCE AUTHORIZING ASSIGNMENT OF AVIGATION EASEMENT TO THE
SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY
Agenda Item 6. ORDINANCE 2277 authorizing and directing the execution of an
Assignment of the Avigation Easement with Joseph S. McWay and Dana L. McWay, an
unmarried man and a single woman as joint tenants, for real property commonly known
as 2109 Second Avenue, #3, San Diego, California 92101 (said Avigation Easement is
on file in the office of the District Clerk as Document No. 46735); the effective date of
said Assignment of Avigation Easement shall be January 1, 2004, and said Assignment
of Avigation Easement document shall be placed on file in the office of the District
Clerk, was adopted as part of the consent agenda.
RESOLUTION OF THE BOARD OF PORT COMMISSIONERS OF THE SAN DIEGO
UNIFIED PORT DISTRICT APPROVING THE APPLICATION FOR GRANT FUNDS
FOR THE URBAN PARK ACT OF 2001 PROGRAM UNDER THE CALIFORNIA
CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL
PROTECTION ACT OF 2002 FOR CENTRAL PARK/OLD POLICE
HEADQUARTERS PROJECT
Agenda Item 7. RESOLUTION 2003-203 approving the filing of an Application for
local assistance funds from the Urban Park Act of 2001 Program under the California
Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002;
and certifying that the Applicant has or will have sufficient funds to operate and
maintain the Project, and has reviewed, understands and agrees to the General
Provisions contained in the Contract shown in the Procedural Guide; and certifying that
the Grantee has or will have available, prior to commencement of any work on the
December 16, 2003
Page 348
Project, the proportional Match; and certifying that the Project conforms to the District’s
Master Plan; and further appointing the Vice President, Operations, as agent to conduct
all negotiations, execute and submit all documents, including but not limited to
Applications, agreements, payment requests and so on, which may be necessary for the
completion of the Project, was adopted as part of the consent agenda.
AUTHORIZATION TO NEGOTIATE AGREEMENT WITH HAN-PADRON
ASSOCIATES, LLP
Agenda Item 8. RESOLUTION 2003-204 authorizing negotiation with HanPadron Associates, LLP for purposes of developing terms, covenants, conditions and
costs necessary for professional engineering design services for the Rehabilitation of the
Imperial Beach Pier; further that results of said negotiations will be reported to the
Board and a decision made at a later date regarding authorization of an agreement,
AUTHORIZATION TO ENTER INTO AGREEMENT WITH AZTEC LANDSCAPING,
INC.
Agenda Item 9. RESOLUTION 2003-205 authorizing an Agreement with Aztec
Landscaping, Inc. to provide Landscape Maintenance at various District properties for a
one (1) year period commencing January 5, 2004, and ending January 4, 2005, subject
to earlier termination, for a fee not to exceed $186,700.00, said funds to be disbursed
in accordance with the terms, covenants and conditions contained in said Agreement, to
be placed on file in the office of the District Clerk as Document No. 46790, further
resolving that the District, at its sole discretion, may extend said Agreement for two (2)
additional one (1) year options, and in the event said Agreement is extended by the
District for the first option period commencing January 5, 2005, and ending January 4,
2006, subject to earlier termination, the total fee for said services shall not exceed the
sum of $186,700.00; and in the event said Agreement is extended by the District for
the second option period commencing January 5, 2006, and ending January 4, 2007,
subject to earlier termination, the total fee for said services shall not exceed the sum of
$186,700.00, for an aggregate expenditure not to exceed $560,100.00, was adopted as
December 16, 2003
Page 349
ADOPTION OF FINAL MITIGATED NEGATIVE DECLARATION FOR
CONTINENTAL MARITIME BUILDING DEMOLITION AND PARKING, SAN
DIEGO
Agenda Item 11a. RESOLUTION 2003-207 adopting and approving the Final
Mitigated Negative Declaration for the Project entitled “Continental Maritime Building
and Parking, San Diego, California,” including without limitation the initial study and
public comments, on file in the office of the District Clerk as Document No. 46791,
making certain findings as more particularly described in Resolution 2003-207; further,
that this action constitutes final environment approval and for that purpose only, the
District approves the proposed Project, and authorizing and directing the filing of a
Notice of Determination with the Secretary for Resources and the San Diego County
Clerk, was adopted as part of the consent agenda.
COASTAL DEVELOPMENT PERMIT – CONTINENTAL MARITIME BUILDING
DEMOLITION & PARKING, SAN DIEGO
Agenda Item 11b. RESOLUTION 2003-208 making certain findings, as more
entitled “Continental Maritime Building Demolition & Parking” is consistent with the use
and development concept for the Tenth Avenue Marine Terminal area, and the Project
is a Non-Appealable Development which conforms to the certified District Master Plan;
the proposed Project is located between the sea (as defined in the Coastal Act) and the
first inland continuous public road paralleling the sea, and said Project is consistent with
access and recreation policies referenced therein, because the proposed Project will not
interfere with the public’s right of access to the sea, nor will it impact any public
recreation areas near the Project; further authorizing and directing the issuance of a
Coastal Development Permit for said Project, said Coastal Development Permit shall
require compliance with the Standard Provisions, Short-Term Construction Measures
and the Special Provisions sections thereof, including without limitation the air
monitoring requirements contained therein and the notification to the District prior to
any remedial work being conducted on suspected contaminated material, was adopted
as part of the consent agenda.
CONTINENTAL MARITIME OF SAN DIEGO, INC.
Agenda Item 11c. RESOLUTION 2003-209 approving Continental Maritime’s
proposed Project, and acknowledging the adoption of a Final Mitigated Negative
December 16, 2003
Page 350
Declaration for said Project entitled “Continental Maritime Building Demolition and
Parking, San Diego” pursuant to Resolution 2003-207, on December 16, 2003, and
acknowledging the issuance of a Coastal Development Permit for said Project pursuant
to Resolution 2003-208, on December 16, 2003; further resolving that the proposed
Project is in conformance with the District’s Master Plan use designation for the Tenth
Avenue Marine Terminal area, the Precise Plan for which provides for uses as Marine
Related Industrial, was adopted as part of the consent agenda.
ORDINANCE GRANTING A LEASE TO CALLAHILLS, INC., A CALIFORNIA
CORPORATION, DBA RED SAILS INN
Agenda Item 12. ORDINANCE 2278 approving and granting the lease agreement
between the District and Callahills, Inc., a California corporation, dba Red Sails Inn, on
file in the office of the District Clerk as Document No. 46792, leasing certain premises
located on Shelter Island Drive in the City of San Diego, and directing the execution of
said lease agreement with Callahills, Inc., a California corporation, dba Red Sails Inn, on
behalf of the District, was adopted as part of the consent agenda.
CELEBRATING THE BIG BAY
presented staff recommendations concerning the “Celebrating the Big Bay” public art
project. (A copy of the staff report and presentation are on file in the Office of the
District Clerk.) Ms. Sass introduced Jennifer Case, Deputy Director of the San Diego
Children’s Museum. Three youth representatives from the Children’s Art Museum joined
Ms. Case to address the Board regarding the importance of “Celebrating the Big Bay”
through public art. The Museum requested funding in the amount of $20,000 to have
children create 1,000 hand-painted ceramic tiles that would be displayed in a bench
project that will be placed in various locations around Port tidelands. Ms. Chase stated
the Museum will do outreach to eight schools on the tidelands as well as at four
community events. Chairman Van Deventer confirmed his on-going support for public
art on the tidelands.
On motion of Commissioner Davis, seconded by Commissioner Rios, the Board
adopted RESOLUTION 2003-206 authorizing the Project known as “Celebrating the Big
Bay” to proceed under the administration of the Children’s Museum of San Diego, and
authorizing and directing an Agreement with said Children’s Museum of San Diego for
the administration of said Project; further establishing funds not to exceed $20,000.00
December 16, 2003
Page 351
for said Project, by the following vote: Yeas-Bixler, Compton, Davis, Rios, Spane, Van
Deventer; Nays-None; Excused-Cushman; Absent-None; Abstained- None.
PRESENTATION
PRESENTATION OF PLAQUE AND CERTIFICATE OF RECOGNITION TO PORT
PILOT CAPTAIN EDWARD J. SILVA, JR. TO ACKNOWLEDGE OVER 26 YEARS
OF SERVICE SUPPORTING MARITIME COMMERCE AT THE PORT OF SAN
DIEGO
Agenda Item 13. Chairman Van Deventer presented a plaque and Certificate of
Recognition to Port Pilot Captain Edward J. Silva, Jr. to acknowledge over 26 years of
service supporting Maritime commerce at the Port of San Diego.
PRESENTATION OF PROCLAMATION TO RICHARD CLOWARD, EXECUTIVE
DIRECTOR OF THE SAN DIEGO PORT TENANTS ASSOCIATION
Chairman Van Deventer presented a proclamation to Richard Cloward, Executive
Director of the San Diego Port Tenants Association, for his leadership on behalf of the
Port tenants and his numerous contributions in creating an outstanding working
relationship with the Port. Mr. Cloward has resigned in order to accept a position at
Jimsair Aviation Services. Mr. Cloward thanked the Board of Port Commissioners for
their recognition and urged them to continue the committee structure when a new
Chairman is seated.
3RD QUARTER 2003
Agenda Item 14. Commissioner Van Deventer announced that this item would
be continued to a future Board meeting.
SAN DIEGO FLEET WEEK FOUNDATION PRESENTATION
Agenda Item 15. Tom Caughlan, Executive Director of the San Diego Fleet Week
Foundation, presented a summary of the benefits the Port received from its sponsorship
of the Port of San Diego Sea-n-Air-Parade and the Columbus Day Parade of Patriotism.
Mr. Caughlan also presented preliminary plans for next year’s event. Commissioner
December 16, 2003
Page 352
Spane thanked the men and women in service that represent the United States around
the world, especially for their efforts during this holiday season.
PRESENTATION ANNOUNCING THE GRAND OPENING OF SAN DIEGO
CONVENTION & VISITORS BUREAU’S INTERNATIONAL VISITOR
INFORMATION CENTER ON THE NORTH EMBARCADERO
the Board concerning the installation of a temporary modular building near Lane Field,
at the intersection of Harbor Drive and Broadway, for operation of an International
Visitor Information Center. (A copy of the staff report and presentation are on file in
Sal Giametta, Chairman of the San Diego Convention and Visitors Bureau
(ConVis) Board of Directors, addressed the Board. Mr. Giametta stated that the new
Visitor Information Center will provide a highly visible community relations asset for
ConVis, the Port, and the region. The Information Center is scheduled to open
December 27, 2003, in time for the Port Holiday Bowl. The Board was invited to the
official dedication ceremony to be held Thursday, December 18, 2003. In response to
Commissioner Bixler’s inquiry regarding parking availability, Ms. Coniglio reported that
there are four 30-minute parking spaces and two 15-minute spaces in front of the
structure, and that the Port is also providing adjacent parking for the volunteers.
STATUS REPORT ON THE FISCAL YEAR 2003-2007 CAPITAL DEVELOPMENT
PROGRAM AND DIRECTION TO STAFF
Agenda Item 17. Commissioner Van Deventer announced that this item would
be continued to a future Board meeting.
DIEGO, CALIFORNIA
Tony Heinrichs, Senior Director, Facilities/Chief Engineer, addressed the Board
and presented staff recommendations regarding street improvements on Harbor Drive
to improve access to the proposed Convention Center Hotel and Parking Facility. (A
December 16, 2003
Page 353
This item was continued from the December 2, 2003, Board meeting to allow staff to
meet with the adjacent tenants, the Jankovich Company and Swain Oil Transport, Inc.
to resolve their concerns about truck access. The tenants had expressed their concern
regarding the feasibility and logistics of fuel trucks transporting to and from the
terminal located at 8th and Harbor. The tenants’ concerns also included the impact the
proposed access roads would have on the fuel trucks’ ability to access the terminal due
to the turning radius of the trucks.
Staff met with the tenants to discuss these issues and arrived at a consensus on
a preferred alternative. Traffic will be routed off of Interstate 5 over to Imperial
Avenue, through the intersection of Park and Harbor Drive and into the fuel facility.
This solution, along with alternative truck routes proposed by staff, will provide
increased access to the Jankovich fuel facility.
Chairman Van Deventer opened the Public Hearing.
Richard Cloward,
representing the Port Tenant’s Association, spoke in favor of staff’s recommendation.
He also stated that there is a long-term issue that needs to be addressed regarding
finishing improvements on Park Boulevard and opening it back up to traffic as soon as
possible. No one else requested to speak and Chairman Van Deventer closed the Public
Hearing.
At the previous Board meeting, Commissioner Bixler asked staff to research the
number of signal lights that will be involved in this general area; whether signal lights
are capable of being signalized; and to request in writing that the City of San Diego
designate this area for photo enforcement.
Commissioner Bixler about whether the wiring for the signal lights could be included at
this time so that the streets would not have to be dug up again, Mr. Heinrichs said that
the wiring is already in place at this location. He further stated that staff had met with
City engineers and that the synchronization of the lights is impractical because of the
train and trolley traffic that preempts any synchronization. There have been four
accidents at this intersection over the last few years, and the City engineers agree that
the volume of traffic will increase dramatically due to new construction. For this
reason, they have agreed to review the desirability of placing a photo camera at this
location.
December 16, 2003
Page 354
COASTAL DEVELOPMENT PERMIT – HARBOR DRIVE AND SECONDARY
ACCESS ROAD IMPROVEMENTS, SAN DIEGO
Agenda Item 18a.
Commissioner Rios, the Board adopted RESOLUTION 2003-210 making certain findings,
as more specifically outlined in Resolution 2003-210, including the proposed Project,
which is entitled “Harbor Drive and Secondary Access Road Improvements” is consistent
with the use and development concept for the Tenth Avenue Marine Terminal area as
provided in the District Master Plan, and the Project is an Appealable Development
which conforms to the certified District Master Plan; the proposed Project is located
between the sea (as defined in the Coastal Act) and the first inland continuous public
road paralleling the sea, and said Project is consistent with Public Resources Code
Sections 30604(c) and 30210-30224, and the Coastal Act public access and recreation
policies referenced therein; further authorizing and directing the issuance of a Coastal
Development Permit for said Project after the ten (10) working day appeal period as
described in the Coastal Development Permit Regulations of the District has passed,
said Coastal Development Permit shall require compliance with the Standard Provisions
and Short-Term Construction Measures, and in particular the conditions listed under the
Special Provisions section to comply with the Mitigation Monitoring and Reporting
Program requirements as described in the South Embarcadero Redevelopment Program
2 and Port Master Plan Amendment Final Environmental Impact Report, by the following
vote: Yeas-Bixler, Compton, Davis, Rios, Spane, Van Deventer; Nays-None; ExcusedCushman; Absent-None; Abstained- None.
AWARD OF CONTRACT 2003-20R TO SIERRA PACIFIC WEST, INC. FOR
DIEGO
Agenda Item 18b.
Commissioner Compton, the Board adopted RESOLUTION 2003-211 adopting the Plans
and Specifications for Project No. SD1806GC, Harbor Drive and Secondary Access Road
Improvements, San Diego, commonly known as District Construction Contract 200320R; and accepting the low bid of Sierra Pacific West, Inc., in an amount not to exceed
$779,604.77, based upon prices set forth in the bid proposal for Harbor Drive and
Secondary Access Road Improvements, San Diego, and authorizing and directing the
execution of Contract 2003-20R with Sierra Pacific West, Inc. for the performance of
said work, by the following vote: Yeas-Bixler, Compton, Davis, Rios, Spane, Van
Deventer; Nays-None; Excused-Cushman; Absent-None; Abstained- None.
December 16, 2003
Page 355
ACTION AGENDA
ADOPTION OF BPC POLICY 454, TIDELANDS FORESTRY MANAGEMENT
POLICY
Agenda Item 19. Bill Chopyk, Manager, Planning Services, and William J. Briggs,
Associate Environmental Planner, Land Use Planning, addressed the Board and
presented staff’s recommendation to adopt a Tidelands Forestry Management Policy. (A
copy of the staff report and draft policy are on file in the Office of the District Clerk.)
The proposed policy would establish an advisory committee to review tree removals and
recommend tree management guidelines and practices to promote and protect the
tidelands forestry resources. Seven (7) members are recommended for appointment to
serve as a Board advisory committee, called the Tidelands Forestry Advisory Committee.
On motion of Commissioner Rios, seconded by Commissioner Compton, the
Board adopted RESOLUTION 2003-212 adopting Board of Port Commissioners Policy
No. 454, entitled Tidelands Forestry Management Policy, a copy of which shall be
vote: Yeas- Bixler, Compton, Davis, Rios, Spane, Van Deventer; Nays-None; ExcusedCushman; Absent-None; Abstained-None.
AUTHORIZATION TO ENTER INTO AGREEMENT WITH CITY OF SAN DIEGO
Agenda Item 20. Jeff McEntee, CFO/Treasurer, addressed the Board and
file in the Office of the District Clerk.) In response to an inquiry from Commissioner
Spane regarding the separation of the Airport and the decrease in the percentage of
leased/unleased tidelands and incidents, Mr. McEntee stated that the City would
negotiate privately with SDCRAA management regarding services for the airport.
Commissioner Spane asked if the decreased fee amount was based on square acreage.
Mr. McEntee said that the fee is based on the number of calls for service received and
the amount of preventive patrol provided by the City. In response to an inquiry from
Commissioner Spane on what the overhead component is for administrative costs, Mr.
McEntee stated that it is a negotiated amount that is approximately 14%.
In response to an inquiry from Commissioner Davis about the need for fire
service protection for structures on non-tax paying tidelands, Mr. McEntee stated that
December 16, 2003
Page 356
there are structures at the parks and marine terminals, such as restrooms and storage
buildings, that require fire protection. Bruce Hollingsworth, Executive Director, added
that the fee also covers medical rollout services.
Board adopted RESOLUTION 2003-213 authorizing a three-year Agreement for Police
and Fire Services with the City of San Diego (City), a municipal corporation; said
Agreement covers a reimbursement of the cost of police, fire protection services and
emergency medical services to be provided by said City upon the District’s filled
tidelands and property within the City’s limits which do not generate ad valorem tax
revenues, as more particularly described in said Agreement, for a period of three (3)
years commencing July 1, 2003, and ending June 30, 2006, subject to earlier
termination, said services to be provided in accordance with the terms, conditions and
covenants contained in said Agreement, on file in the office of the District Clerk as
Document No. 46794; and in the event that the terms, covenants and conditions of an
agreement for police and fire protection services for the period commencing July 1,
2006, are not finalized prior to June 30, 2006, said Agreement may be extended for an
additional one (1) year term in accordance with Paragraph 3 of said Agreement; further
that the District shall pay to the City for said services a sum not to exceed $753,760.00
per fiscal year, provided, however, said sum is subject to adjustment upward or
downward in accordance with Paragraph 3 of said Agreement, by the following vote:
Yeas- Bixler, Compton, Davis, Rios, Spane, Van Deventer; Nays-None; ExcusedCushman; Absent-None; Abstained-None.
AUTHORIZATION TO ENTER INTO AGREEMENT WITH PLATINUM ADVISORS,
L.L.C. AND CARPI & CLAY GOVERNMENT RELATIONS, A JOINT VENTURE
on file in the Office of the District Clerk.) Mr. Wilkens stated that the notable items the
Consultants have assisted the Port with this past year include the transmittal of the
Port’s policy positions on SB68 (Alpert), which resulted in the passage of significant
legislation favored by the San Diego Port Tenants Association, Industrial Environmental
Association and the US Navy. They have worked cooperatively and closely with the City
of Coronado’s Sacramento representative to gain approval by California State Lands
Commission for Memorandum of Understanding funding of the Glorietta Bay Master
plan project, and most recently consulted closely with San Diego delegates and the
State Lands Commission on the dispute over the General Dynamics and Teledyne Ryan
December 16, 2003
Page 357
properties. They also assisted in the communication of the Port’s policy position
regarding the South Bay Power Plant and the Chula Vista Bayfront planning process.
Mr. Wilkens stated however, results in securing grant funding were not at the
levels anticipated and that a record deficit at the national and state levels contributed to
this, but that more can be accomplished in this area and is expected next year.
Darius Anderson, representing Platinum Advisors, and Ben Clay, representing
Carpi and Clay, were also present. In response to an inquiry from Commissioner Spane
regarding how the fee is calculated, Mr. Wilkens stated that the fee is a retainer. In
response to an inquiry from Commissioner Spane regarding the 30% increase and why
the Port uses a retainer fee structure instead of billable hours, Mr. Wilkens stated that
he believes that the anticipated legislative activity will increase at least 30% next year
and that overall, the District receives better value with the retainer structure, because
there is a cap on the amount of funds that will be spent and the consultants end up
working at least that many billable hours.
In response to an inquiry from Commissioner Rios about the three most notable
contributions made by the consultant to the Port, last year and this year, Mr. Clay listed
the top three issues as legislation addressing water quality standards in San Diego Bay,
legislation addressing clean water standards and discharge issues related to cruise ships
and the Chula Vista power plant.
Upcoming issues include those surrounding
trusteeship of land used by the SDCRAA, funding of State Proposition 50, cruise ship
discharge issues and Port security screening of shipping containers.
Chairman Van Deventer stated that creating good relationship with our
representatives in Sacramento was one of the primary goals of the District this year.
He stated his support for the work of the consultants.
Commissioner Bixler stated that he would rather have a limit on our fee exposure
and expressed his support for the retainer structure recommended by staff.
On motion of Commissioner Van Deventer, seconded by Commissioner Compton,
the Board adopted RESOLUTION 2003-214 authorizing an Agreement with Platinum
Advisors, L.L.C., a California Limited Liability Company, and Carpi & Clay Government
Relations, a California partnership, a Joint Venture, for legislative services in
Sacramento, for a one (1) year period commencing January 1, 2004, and ending
December 31, 2004, subject to earlier termination, for total compensation not to exceed
$120,000.00, said funds to be disbursed in accordance with the terms, covenants and
December 16, 2003
Page 358
Document No. 46795, by the following vote: Yeas- Bixler, Compton, Rios, Spane, Van
Deventer; Nays-Davis; Excused-Cushman; Absent-None; Abstained-None.
AUTHORIZATION TO ENTER INTO AGREEMENTS WITH NINYO & MOORE
GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANTS, HALEY &
ALDRICH, INC., AND TRC ALTON GEOSCIENCE, INC.
Paul Brown, Project Analyst, Environmental Services,
Agenda Item 22.
On motion of Commissioner Davis, seconded by Commissioner Rios, the Board
adopted RESOLUTION 2003-215 authorizing Agreements with Ninyo & Moore
Geotechnical and Environmental Consultants, a California corporation, Haley & Aldrich,
Inc., and TRC Alton Geoscience, Inc. to provide Environmental Investigation Services,
on an as-needed basis, as determined by the District, for a period of one (1) year
commencing in accordance with the terms, covenants and conditions contained in said
Agreements, on file in the office of the District Clerk as Document Nos. 46796, 46797
and 46798, for an aggregate amount not to exceed $1,000,000.00, by the following
vote: Yeas-Bixler, Compton, Davis, Rios, Spane, Van Deventer; Nays-None; ExcusedCushman; Absent-None; Abstained- None.
Agenda Item 24. Wayne. Darbeau, Vice President, Administration/District Clerk,
announced that the Port was chosen as a Grand Prize Winner for a 2003 International
Rational Process Achievement Award. The Kepner-Tregoe organization chose nine
organizations from five countries for using the systematic rational approach for solving
complex problems.
Bruce Hollingsworth also noted that long time tenant, Bud Hakes, passed away
from lung cancer and will be missed.
Bruce also thanked Richard Cloward, departing Executive Director of the San
Diego Port Tenants Association, on behalf of all the Port employees for his work in
creating good relations between the Port and its tenants.
December 16, 2003
Page 359
Agenda Item 25. Commissioner Spane thanked Ty Compton for his efforts as an
interim Commissioner and Chairman Van Deventer for his outstanding leadership and
dedication this year. Chairman Van Deventer read a letter of resignation from
Commissioner Compton and thanked him for his dedicated service over the last year.
Commissioner Van Deventer also mentioned that Commissioner Compton’s wife,
Beverly, was a gracious addition to the Port family.
Commissioner Davis also thanked Commissioner Compton for his service and
complimented the Chairman on bringing all the cities together on projects.
Commissioner Rios wished everyone a Merry Christmas and thanked the other
Commissioners and staff for their efforts and leadership.
Commissioner Bixler congratulated staff on winning the Rational Process award,
and thanked Commissioner Compton and Beverly Compton.
Commissioner Compton addressed the Commissioners and thanked the Board
and staff for their hard work on behalf of the City of Chula Vista. Commissioner
Compton urged everyone to continue work on creating a ConVis center in Chula Vista.
session agenda for discussion, whereupon Duane Bennett, Port Attorney, announced
the closed session items for today's agenda, as follows:
Pursuant to Subdivision (a) of Government Code Section 54956.9
San Diego County Regional Airport Authority vs. SDUPD; Board of Port
Commissioners, et al.
San Diego Superior Court No. 821224
SDUPD, Redevelopment Agency of City of San Diego, Plaintiffs, vs. Exxonmobil
Corporation, Defendant; Exxonmobil Corporation, Counter-Claimant, vs. SDUPD,
Redevelopment Agency of City of San Diego, Counter-Defendants
United States District Court, Southern District of California, No. 03 CV1053 DMS
(POR)
December 16,2003
Page 360
Campbell Industries vs. SDUPD, et al.,
San Diego Superior Court Case No. GIC 807514
McClier Corporation, Plaintiff, vs. SDUPD, Defendant; SDUPD, CounterComplainant, vs. McClier Corporation, Counter-Defendant
United States District Court, Southern District of California, Case No. 03 CV
1762K (POR)
San Diego-Unified Port District
ATTEST:
Clerk of tvSan Diego Unified Port District

2003 Minutes - Port of San Diego

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