3165 Pacific Hwy.  
San Diego Unified Port District  
San Diego, CA 92101  
Meeting Agenda  
Board of Port Commissioners  
Tuesday, April 11, 2023  
1:00 PM  
Don L. Nay Port Administration Boardroom  
The Board of Port Commissioners (Board) hereby provides notice that it will hold a regular  
meeting of the Board. It is possible that some of the Commissioners may attend the meeting and  
participate remotely to the same extent as if they were present in accordance with Assembly Bill  
2449.  
PUBLIC PARTICIPATION:  
The public is welcome to attend in person, or alternatively:  
Members of the public may view this meeting via livestream at:  
https://www.portofsandiego.org/about-port-san-diego/board-meetings  
PROVIDING PUBLIC COMMENT:  
Public comment is limited to 3 minutes per speaker on both agenda, and non-agenda items. The  
time allotted for speakers may be adjusted by the Board Chair at his or her discretion.  
Items under the Consent Agenda section are considered to be routine, and will be acted upon  
with one vote. If you wish for an item to be removed from the Consent Agenda for further  
discussion, please submit your request to the District Clerk prior to the commencement of the  
meeting.  
Public comment is available for this meeting by doing one of the following no later than the time  
the public comment portion for the agenda item is concluded, however the public is strongly  
encouraged to do so prior to the item being called:  
In-Person Participation: Complete and submit a Speaker Slip and give to the District Clerk  
Remote Participation:  
1. Call 619-736-2155 and leave a brief voicemail message that will be played during the  
meeting. A voicemail longer than the time allotted for public comment on that item will be stopped  
after that time has elapsed.  
2. Email a request to provide live comment to 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.  
UNA TRANSMISIÓN EN INGLÉS Y EN ESPAÑOL DE LA REUNIÓN DE LA JUNTA ESTARÁ  
DISPONIBLE AL PÚBLICO  
A
TRAVÉS DE UNA TRANSMISIÓN EN DIRECTO EN:  
https://www.portofsandiego.org/about-port-san-diego/board-meetings  
NOTA ESPECIAL PARA PARTICIPANTES DE COMENTARIOS PÚBLICOS:  
Servicios de interpretación estarán disponibles durante la reunión para traducir comentarios  
públicos del español al inglés.  
In keeping with the Americans with Disabilities Act (ADA), the San Diego Unified Port District will  
make every reasonable effort to encourage participation in all its public meetings. If you require  
assistance or auxiliary aids in order to participate at this public meeting, please contact the  
Office of the District Clerk at 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  
https://portofsandiego.legistar.com/Calendar.aspx, or are available for inspection at the Office of  
the District Clerk, 3165 Pacific Highway, San Diego, California during normal business hours.  
For the agenda online and more information about the Commissioners’ names and city  
representation,  
and  
future  
Board  
meeting  
dates,  
please  
visit  
our  
website  
at  
www.portofsandiego.org.  
As a courtesy to all who attend these public meetings, please turn all cell phones to off or vibrate  
before entering the Board Room.  
A. Roll Call.  
B. Statement (just cause) and/or Consideration of a Request to Participate  
Remotely (emergency circumstances) by a Commissioner, if applicable  
C. Pledge of Allegiance.  
D. Closed Session Report Out.  
E. Public Communications.  
Please limit comments to 3 minutes per speaker. No actions may be taken on these  
items.  
F. Board Committee Reports.  
• Audit Oversight Committee  
• Environmental Advisory Committee  
• Maritime Stakeholder Forum  
G. Commissioners’ Reports.  
No actions may be taken on these items.  
H. Special Recognition  
• Autism Awareness Month  
• Harbor Police Dispatcher Appreciation Week  
I. President’s Report.  
J. District Clerk’s Announcements.  
APPROVAL OF MINUTES  
2023-0114  
Approval of minutes for:  
March 14, 2023 - CLOSED SESSION  
March 14, 2023 - BPC MEETING  
CONSENT AGENDA  
1.  
2022-0405  
RESOLUTION SELECTING AND AUTHORIZING A FIVE-YEAR  
AGREEMENT WITH HUB INTERNATIONAL INSURANCE SERVICES TO  
PROVIDE HEALTH BENEFIT BROKER AND CONSULTING SERVICES  
FOR AN AMOUNT NOT TO EXCEED $161,000 PER YEAR AND A  
TOTAL OF $805,000 FOR THE PERIOD OF MAY 1, 2023, THROUGH  
APRIL 30, 2028.  
2.  
3.  
2022-0406  
2023-0036  
RESOLUTION APPROVING THE 2023 ANNUAL WORK PLAN FOR THE  
AUDIT OVERSIGHT COMMITTEE PURSUANT TO BOARD OF PORT  
COMMISSIONERS (BPC) POLICY NO. 776, PORT AUDIT OVERSIGHT  
COMMITTEE POLICY  
CHULA VISTA BAYFRONT  
A. ORDINANCE GRANTING A SIXTY-SIX (66) YEAR EASEMENT, IN  
SUBSTANTIAL FORM, TO SAN DIEGO GAS & ELECTRIC FOR THE  
CONSTRUCTION, OPERATION AND MAINTENANCE OF  
UNDERGROUND ELECTRICAL FACILITIES IN CONNECTION WITH  
PHASE 1A OF THE CHULA VISTA BAYFRONT PROJECT IN THE CITY  
OF CHULA VISTA, CALIFORNIA; AND  
B. ORDINANCE GRANTING A FIFTEEN (15) YEAR EASEMENT, IN  
SUBSTANTIAL FORM, TO SAN DIEGO GAS & ELECTRIC FOR THE  
CONSTRUCTION, OPERATION AND MAINTENANCE OF  
UNDERGROUND ELECTRICAL FACILITIES IN CONNECTION WITH  
PHASE 1A OF THE CHULA VISTA BAYFRONT PROJECT IN THE CITY  
OF CHULA VISTA, CALIFORNIA  
4.  
5.  
2023-0050  
2023-0059  
RESOLUTION APPROVING CALENDAR YEAR 2023 ANNUAL WORK  
PLAN FOR THE ENVIRONMENTAL ADVISORY COMMITTEE  
PURSUANT TO THE BOARD OF PORT COMMISSIONERS POLICY 018,  
BOARD ADVISORY COMMITTEES  
ORDINANCE FINDING THE BOARD ACTION EXEMPT UNDER THE  
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING,  
BUT NOT LIMITED TO, CEQA GUIDELINES SECTIONS 15301, 15302  
AND 15303 AND AUTHORIZING AMENDMENT NO. 1 TO TIDELANDS  
USE AND OCCUPANCY PERMIT WITH NEW CINGULAR WIRELESS  
PCS, LLC APPROVING ADDITIONAL SMALL CELL SITE(S) FOR  
POTENTIAL INSTALLATION OF WIRELESS COMMUNICATIONS  
FACILITIES WITHIN THE PUBLIC RIGHT OF WAY  
6.  
2023-0113  
ADOPT AN ORDINANCE GRANTING AMENDMENT NO. 1 TO AN  
OPTION TO LEASE AGREEMENT WITH SUNROAD HIE HOTEL  
PARTNERS, L.P. FOR A 66-YEAR LEASE TO DEVELOP AN UP TO  
450-ROOM HOTEL ON HARBOR ISLAND TO EXTEND THE TERM OF  
THE OPTION  
The Board will consider staff’s request to continue this item to a future  
Board meeting.  
7.  
2023-0072  
RESOLUTION FINDING THE BOARD ACTION EXEMPT UNDER THE  
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING,  
BUT NOT LIMITED TO, CEQA GUIDELINES SECTIONS 15301, 15303,  
AND 15304 AND IN SUPPORT OF THE DISTRICT’S APPLICATION TO  
THE US DEPARTMENT OF TRANSPORTATION’S PORT  
INFRASTRUCTURE DEVELOPMENT PROGRAM FOR THE  
INSTALLATION OF SHORE POWER, BERTH REHABILITATION AND  
LIGHTING UPGRADES AT THE NATIONAL CITY MARINE TERMINAL  
8.  
9.  
2023-0066  
2023-0094  
ORDINANCE RE-APPROVING SAN DIEGO HARBOR POLICE  
DEPARTMENT MILITARY EQUIPMENT USE POLICY AS REQUIRED BY  
ASSEMBLY BILL 481  
RESOLUTIONS PERTAINING TO GRANT APPLICATIONS  
A) RESOLUTION RESCINDING RESOLUTION NO. 2021-019  
REQUESTING $227,800.00 IN GRANT FUNDS FROM THE FY22  
CALIFORNIA STATE PARKS, DIVISION OF BOATING 2021  
WATERWAYS PUBLIC BEACH RESTORATION PROGRAM FOR THE  
KELLOGG BEACH SAND REPLENISHMENT PROJECT  
B) RESOLUTION RESCINDING RESOLUTION NO. 2022-085 FOR  
SUBMISSION OF A GRANT APPLICATION TO THE SAFE DRINKING  
WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER  
AND COASTAL PROTECTION BOND ACT OF 2006, PROP 68,  
FUNDED BY THE OCEAN PROTECTION COUNCIL  
Board action is no longer required for this item.  
10.  
2023-0091  
RESOLUTION FINDING THE BOARD ACTION EXEMPT UNDER THE  
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING,  
BUT NOT LIMITED TO, CEQA GUIDELINES SECTIONS 15301 AND  
15304 AND CONSENTING TO A SECOND AMENDMENT TO  
RESTAURANT LEASE BETWEEN PACIFIC GATEWAY, LTD DBA SAN  
DIEGO MARRIOTT MARQUIS AND MARINA AND OS PACIFIC, LLC  
DBA ROY'S RESTAURANT, LOCATED AT 333 WEST HARBOR DRIVE,  
TO EXTEND THE RESTAURANT LEASE TERM BY 10 YEARS WITH  
TWO 5-YEAR OPTIONS TO EXTEND  
11.  
12.  
2023-0038  
2023-0096  
RESOLUTION AUTHORIZING THE DISTRICT’S HAZARD MITIGATION  
PLAN IN ACCORDANCE WITH BOARD OF PORT COMMISSIONERS  
POLICY NO. 777, EMERGENCY MANAGEMENT AND IS AN ANNEX  
WITHIN THE COUNTY OF SAN DIEGO’S HAZARD MITIGATION PLAN  
RESOLUTION AMENDING THE SAN DIEGO UNIFIED PORT DISTRICT  
(DISTRICT) DIRECTORY OF CLASSIFICATION SPECIFICATIONS FOR  
FISCAL YEAR 2022/2023  
PUBLIC HEARING AGENDA  
13.  
2023-0054  
CONDUCT A PUBLIC HEARING AND ADOPT AN ORDINANCE  
FINDING THE BOARD ACTION EXEMPT UNDER THE CALIFORNIA  
ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING, BUT NOT  
LIMITED TO, CEQA GUIDELINES SECTIONS 15301 AND 15311 AND  
AMENDING SAN DIEGO UNIFIED PORT DISTRICT (SDUPD) CODE  
ARTICLE 8, SECTION 8.09 - OVERSIZED VEHICLE PARKING  
REGULATIONS ON TIDELANDS AND SECTION 8.11 - VEHICLE  
PARKING REGULATED  
ACTION AGENDA  
14.  
2022-0310  
A. ADOPT AN ORDINANCE AMENDING THE DISTRICT FY2022-2023  
BUDGET INCREASING THE EQUIPMENT OUTLAY AND OTHER  
CAPITAL APPROPRIATION ITEM BY $5,450,970 FOR SHORE POWER  
INSTALLATION AT NATIONAL CITY MARINE TERMINAL BERTH 24-10  
AND 11 PROJECT, SAN DIEGO, CALIFORNIA.  
B. RESOLUTION FINDING THE BOARD ACTION EXEMPT UNDER THE  
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING,  
BUT NOT LIMITED TO, CEQA GUIDELINES SECTIONS 15301, 15303,  
AND 15304 AND APPROVING PLANS AND SPECIFICATIONS AND  
AWARDING CONTRACT NO. 2022-03 TO THE RYAN COMPANY INC. IN  
THE AMOUNT OF $7,182,700 FOR THE SHORE POWER  
INSTALLATION AT NATIONAL CITY MARINE TERMINAL BERTHS 24-10  
AND 11 PROJECT, SAN DIEGO, CALIFORNIA AS AUTHORIZED BY  
THE BOARD IN THE FY 2022 ECONOMIC RECOVERY PROGRAM  
APPROPRIATION.  
15.  
2023-0115  
MUNICIPAL SERVICES AGREEMENTS  
A. RESOLUTION ESTABLISHING A BASELINE RATE AND SCOPE OF  
SERVICES FOR THE FY23 BASELINE RESET DATE UNDER THE  
MUNICIPAL SERVICES AGREEMENT WITH THE CITY OF CHULA  
VISTA AND AUTHORIZING AN AMENDMENT TO SUCH AGREEMENT  
TO REFLECT THE UPDATED RATE  
B. UPDATE ON MUNICIPAL SERVICES AGREEMENT BASELINE  
RATE AND SCOPE OF SERVICES NEGOTIATIONS WITH THE CITY OF  
NATIONAL CITY  
The Board will consider staff’s request to continue this item to a future  
Board meeting.  
16.  
2023-0070  
REDEVELOPMENT OF THE MARITIME MUSEUM OF SAN DIEGO:  
A) RECEIVE PRELIMINARY PROJECT REVIEW PRESENTATION FOR  
PROPOSED REDEVELOPMENT OF THE MARITIME MUSEUM OF SAN  
DIEGO; AND  
B) ADOPT A RESOLUTION AUTHORIZING STAFF TO COMMENCE  
ENVIRONMENTAL REVIEW IN ACCORDANCE WITH THE CALIFORNIA  
ENVIRONMENTAL QUALITY ACT FOR THE REDEVELOPMENT OF  
MARITIME MUSEUM OF SAN DIEGO AT EMBARCADERO BY  
MARITIME MUSEUM ASSOCIATION OF SAN DIEGO (MARITIME  
MUSEUM); AND  
C) DIRECT STAFF TO OBTAIN FROM THE MARITIME MUSEUM, AT  
THEIR SOLE EXPENSE, BOTH (1) AN HISTORICAL PERFORMANCE  
AUDIT OF THE EXISTING LEASE AND (2) AN EVALUATION OF THE  
MARITIME MUSEUM’S PLAN OF OPERATIONS FOR THE PROPOSED  
REDEVELOPMENT PROJECT TO BE DELIVERED IN ONE OR MORE  
REPORTS IN A FORM AND CONTENT SATISFACTORY TO DISTRICT  
STAFF FROM ONE OR MORE QUALIFIED, INDEPENDENT,  
THIRD-PARTY CONSULTANTS.  
17.  
2023-0045  
DISTRICT SPONSORSHIP PROGRAMS  
A. RECEIVE UPDATES ON DISTRICT EVENT SPONSORSHIP  
PROGRAMS MANAGED BY PARKS & RECREATION AND PROVIDE  
DIRECTION TO STAFF REGARDING PROPOSED CHANGES TO  
SPECIAL EVENT SPONSORSHIP PROGRAMS AND BALANCED  
ACCESS TO PORT PARKS  
B. ADOPT RESOLUTION AMENDING BPC POLICY NO. 771:  
TIDELANDS ACTIVATION PROGRAM, TO INCORPORATE POLICY  
UPDATES, RE-DEFINE SPECIAL EVENT SPONSORSHIP  
CATEGORIES, AND CLARIFY ADMINISTRATIVE PRACTICES  
18.  
2022-0175  
SWEETWATER PARK PROJECT, CHULA VISTA BAYFRONT:  
A) (1) RESOLUTION (a) AUTHORIZING TRANSFER WITHIN THE  
DISTRICT’S FISCAL YEAR (FY) 2022-2023 BUDGET OF REMAINING  
UNSPENT FUNDS FOR SWEETWATER PARK PROJECT IN CAPITAL  
IMPROVEMENT PROGRAM APPROPRIATED ITEM TO THE  
SWEETWATER PARK PROJECT IN THE EQUIPMENT OUTLAY AND  
OTHER CAPITAL PROJECTS APPROPRIATED ITEM IN  
ACCORDANCE WITH BOARD OF PORT COMMISSIONERS (BPC)  
POLICY NO. 090; (b) APPROVING PLANS AND SPECIFICATIONS AND  
AWARDING CONTRACT NO. 2021-12, BASE BID, TO 3-D  
ENTERPRISES, INC. IN THE AMOUNT OF $12,543,730 FOR THE  
SWEETWATER PARK PROJECT, CHULA VISTA, CALIFORNIA; AND  
(2) ORDINANCE APPROVING AN AMENDMENT TO THE DISTRICT’S  
FY 2022-2023, BUDGET EQUIPMENT OUTLAY AND OTHER CAPITAL  
APPROPRIATION TO INCREASE THE SWEETWATER PARK BUDGET  
BY $13,499,708 USING FUNDS FROM THE CHULA VISTA BAYFRONT  
PHASE 1A INFRASTRUCTURE IMPROVEMENT BUDGET  
B) CONDITIONED ON AWARD OF THE $5.0M OUTDOOR  
RECREATION LEGACY PARTNERSHIP (ORLP) GRANT FROM  
NATIONAL PARK SERVICE: (1) RESOLUTION (a) AUTHORIZING STAFF  
TO ENTER INTO A CONDITIONAL AGREEMENT WITH THE  
CALIFORNIA STATE PARKS FOR THE ORLP GRANT; (b) AWARDING  
CONTRACT NO. 2021-12 ADDITIVE BID ITEMS 1, 2 AND 3 TO 3-D  
ENTERPRISES, INC., FOR THE SWEETWATER PARK PROJECT,  
CHULA VISTA, CALIFORNIA, BY UNILATERAL CHANGE ORDER, IN  
THE AMOUNT OF $3,001,000; AND (2) ORDINANCE APPROVING AN  
AMENDMENT TO THE DISTRICT’S FY 2022-2023 BUDGET  
EQUIPMENT OUTLAY AND OTHER CAPITAL APPROPRIATION TO  
INCREASE THE SWEETWATER PARK PROJECT BUDGET BY  
$3,301,100 USING FUNDS FROM THE $5,000,000 ORLP GRANT AND  
RETURNING $1,698,900 TO THE CHULA VISTA BAYFRONT PHASE  
1A INFRASTRUCTURE IMPROVEMENT BUDGET  
19.  
20.  
2023-0093  
2023-0004  
PRESENTATION AND DIRECTION TO STAFF ON THE FRAMEWORK  
FOR THE PREPARATION OF A DRAFT TRUST LANDS USE PLAN FOR  
THE SUBMERGED LANDS AND TIDELANDS GRANTED TO THE  
DISTRICT THROUGH SENATE BILL 507  
REVIEW AND CONSIDERATION OF DRAFT PROPOSED BOARD  
AGENDA FOR THE MAY 9, 2023 MEETING  
OFFICER’S REPORT  
21.  
2023-0101  
OFFICER’S REPORT  
MONTHLY NOTIFICATION OF CHANGE ORDERS PURSUANT TO BPC  
POLICY NO. 110:  
None to Report  
MONTHLY NOTIFICATION OF COST RECOVERY USER FEE WAIVERS  
GRANTED BY THE EXECUTIVE DIRECTOR PURSUANT TO BPC  
POLICY NO. 106:  
A) Request for User Fee Waiver Form from Southwestern Yacht Club, for  
total amount of $1,000.00  
MONTHLY NOTIFICATION OF RENT REVIEWS CONSENTED TO  
ADMINISTRATIVELY PURSUANT TO BPC POLICY NO. 355 AS  
AMENDED ON JANUARY 10, 2017:  
None to Report  
MONTHLY NOTIFICATION OF ENCUMBRANCES CONSENTED TO  
ADMINISTRATIVELY PURSUANT TO BPC POLICY NO. 355 AS  
AMENDED ON JANUARY 10, 2017:  
None to Report  
MONTHLY NOTIFICATION OF LEASE AMENDMENTS CONSENTED TO  
ADMINISTRATIVELY PURSUANT TO BPC POLICY NO. 355 AS  
AMENDED ON JANUARY 10, 2017:  
None to Report