3165 Pacific Hwy.  
San Diego, CA 92101  
San Diego Unified Port District  
Special Meeting Agenda  
Board of Port Commissioners  
Tuesday, November 14, 2023  
11:00 AM  
Don L. Nay Port Administration Boardroom  
Closed Session  
The Board of Port Commissioners (Board) hereby provides notice that it will hold a special  
meeting of the Board. It is possible that some of the Commissioners may attend the meeting  
and participate remotely to the same extent as if they were present in accordance with  
Assembly Bill 2449.  
PUBLIC PARTICIPATION:  
The public is welcome to attend in person, or alternatively:  
Members of the public may view this meeting via livestream at:  
PROVIDING PUBLIC COMMENT:  
Public comment is limited to 2 minutes per speaker on both agenda, and non-agenda items.  
The time allotted for speakers may be adjusted by the Board Chair at his or her discretion.  
Public comment is available for this meeting by doing one of the following no later than the  
time the public comment portion for the agenda item is concluded, however the public is  
strongly encouraged to do so prior to the item being called:  
In-Person Participation: Complete and submit a Speaker Slip and give to the District Clerk.  
Remote Participation:  
1. Call 619-736-2155 and leave a brief voicemail message that will be played during the  
meeting. A voicemail longer than the time allotted for public comment on that item will be  
stopped after that time has elapsed.  
2. Email a request to provide live comment to PublicRecords@portofsandiego.org to receive  
a link to participate in the meeting to provide live comments. *  
3. Submit written comments to PublicRecords@portofsandiego.org. Written comments  
received at least 2 hours prior to the commencement of the meeting will be distributed to the  
Board and posted online with the meeting materials. Written comments received after the  
time frame will be included in the agenda-related materials record for the meeting.  
* The Port of San Diego is not responsible for the member of the public’s internet connections  
or technical ability to participate in the meeting. It is highly recommended that you use  
voicemail rather than provide live comment.  
In keeping with the Americans with Disabilities Act (ADA), the San Diego Unified Port District  
will make every reasonable effort to encourage participation in all its public meetings. If you  
require assistance or auxiliary aids in order to participate at this public meeting, please  
contact the Office of the District Clerk at publicrecords@portofsandiego.org or (619)  
686-6200 at least 48 hours prior to the meeting.  
Any disclosable public records related to an open session item on a regular meeting agenda  
and distributed by the San Diego Unified Port District to all or a majority of the Board of Port  
Commissioners, including those records distributed less than 72 hours prior to that meeting,  
but  
received  
at  
least  
2 hours  
prior  
to  
meeting,  
can  
be  
viewed  
online  
at  
of the District Clerk, 3165 Pacific Highway, San Diego, California during normal business  
hours.  
For the agenda online and more information about the Commissioners’ names and city  
representation,  
and  
future  
Board  
meeting  
dates,  
please  
visit  
our  
website  
at  
As a courtesy to all who attend these public meetings, please turn all cell phones to off or  
vibrate before entering the Board Room.  
A. Roll Call.  
B. Statement (just cause) and/or Consideration of a Request to Participate  
Remotely (emergency circumstances) by a Commissioner, if applicable  
C. Public Communications.  
Please limit comments to 2 minutes per speaker. No actions may be taken on these  
items.  
CLOSED SESSION  
Closed Session Item No. 1  
1.  
CONFERENCE WITH REAL PROPERTY NEGOTIATOR  
Government Code Section 54956.8  
Property: SDUPD - Parcels of land totaling approximately 147,642  
square feet, 45,590 square feet, and 25,643 square feet located  
adjacent to Convention Way between Marina Park Way and Park Blvd.  
in the City of San Diego, California  
Negotiating Parties:  
Fifth Avenue Landing, LLC - Arthur E. Engel and Raymond A. Carpenter  
SDUPD - Alexa Paulus, Adam Meyer, Tony Gordon, Shaun Sumner  
Under Negotiations: Price and Terms  
Closed Session Item No. 2  
2.  
CONFERENCE WITH REAL PROPERTY NEGOTIATOR  
Government Code Section 54956.8  
Property: SDUPD - Approximately 53,657 square feet of tideland and  
water area located at 525 E Harbor Drive in the City of San Diego,  
California  
Negotiating Parties:  
Free Range Holdings, LLC - Kyle Noonan, Josh Sepkowitz  
The San Diego Symphony Orchestra Association - Martha Gilmer, Katy  
McDonald, Richard Ledford  
SDUPD - Shaun Sumner, Anthony Gordon, Adam Meyer, Alexa Paulus,  
Donovan Marinez  
Under Negotiations: Price and Terms  
Closed Session Item No. 3  
3.  
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION  
Pursuant to Subdivision (d)(1) of Government Code Section 54956.9  
San Diego Unified Port District, et al. v. Monsanto Company, et al.  
United States District Court Case No. 15-CV-0578 TWR (AGS)  
City of Long Beach v. Monsanto Company, et al.  
United States District Court Case No. 2:16-CV-03493-FMO-AS