3165 Pacific Hwy.  
San Diego Unified Port District  
San Diego, CA 92101  
Meeting Agenda  
Board of Port Commissioners  
Tuesday, May 9, 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:  
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 publics 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:  
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  
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. Pledge of Allegiance.  
D. Closed Session Report Out.  
E. Public Communications.  
Please limit comments to 3 minutes per speaker. No actions may be taken on these  
items.  
F. Board Committee Reports.  
None.  
G. Commissioners’ Reports.  
No actions may be taken on these items.  
H. Special Recognition.  
• Maritime Month  
• Asian American, Native Hawaiian, and Pacific Islander Heritage Month  
• Welcome New Sea Grant Fellow  
• San Diego Harbor Police - Recognition of Police Week, and Officers Ferrer and Della  
Valle  
I. President’s Report.  
J. District Clerk’s Announcements.  
APPROVAL OF MINUTES  
Approval of minutes for:  
April 11, 2023 - CLOSED SESSION  
April 11, 2023 - BPC MEETING  
April 25, 2023 - BOARD RETREAT  
April 25, 2023 - BUDGET WORKSHOP  
CONSENT AGENDA  
1.  
RESOLUTION 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 APPROVING PLANS AND SPECIFICATIONS AND  
AWARDING CONTRACT NO. 2021-13 TO (name of the contractor) IN  
THE AMOUNT OF $ (recommended award amount) FOR THE  
ELEVATOR CAR IMPROVEMENTS AT SAN DIEGO BAYFRONT  
PARKING GARAGE PROJECT, AS AUTHORIZED BY THE BOARD IN  
THE FY 2023 MAJOR MAINTENANCE PROGRAM  
The Board will consider staff’s request to continue this item to a future  
Board meeting.  
2.  
3.  
RESOLUTION PROCLAIMING SUPPORT OF NATIONAL PUBLIC  
WORKS WEEK, MAY 21-27, 2023  
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  
4.  
CONGRESSIONALLY DIRECTED FUNDING:  
A. ADOPT A RESOLUTION AUTHORIZING ACCEPTANCE OF A  
COMMUNITY PROJECT FUNDING GRANT IN THE AMOUNT OF  
$2,000,000 FROM THE DEPARTMENT OF HOUSING AND URBAN  
DEVELOPMENT (HUD) FOR FREEDOM PARK AT NAVY PIER  
PROJECT AND EXECUTION OF THE ACCOMPANYING GRANT  
AGREEMENT, AND  
B. ADOPT A RESOLUTION AUTHORIZING ACCEPTANCE OF A  
COMMUNITY PROJECT FUNDING GRANT IN THE AMOUNT OF  
$3,000,000 FROM THE DEPARTMENT OF HOUSING AND URBAN  
DEVELOPMENT FOR THE BEACH AND BOAT LAUNCH AT THE  
HARBOR PARK PROJECT AND EXECUTION OF THE  
ACCOMPANYING GRANT AGREEMENT.  
5.  
PRIORITY LEGISLATIVE BUDGET PROJECT FUNDS: ADOPT A  
RESOLUTION FINDING THE BOARD ACTION EXEMPT UNDER THE  
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING,  
BUT NOT LIMITED TO, CEQA GUIDELINES SECTIONS 15306 AND  
15308, AND AUTHORIZING ACCEPTANCE OF PRIORITY LEGISLATIVE  
BUDGET PROJECT FUNDS IN THE AMOUNT OF $1,400,000 FROM  
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS)  
FOR THE ZUNIGA SHOAL PROJECT AND GRANTING AUTHORITY TO  
THE EXECUTIVE DIRECTOR TO EXECUTE THE FUNDS TRANSFER  
AGREEMENT WHEN FINALIZED AFTER ACCEPTANCE.  
6.  
RESOLUTION FINDING THE BOARD ACTION EXEMPT UNDER THE  
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING  
BUT NOT LIMITED TO CEQA GUIDELINES 15301, 15304, 15306,  
15307, AND 15308, AND AUTHORIZING AGREEMENTS WITH WSP  
USA ENVIRONMENT AND INFRASTRUCTURE, INC., WESTON  
SOLUTIONS, INC, AND DUDEK FOR AS-NEEDED ENVIRONMENTAL  
ANALYTICAL SERVICES FOR A TOTAL AGGREGATE AMOUNT NOT  
TO EXCEED $3,000,000 FOR A PERIOD OF 5 YEARS. FUNDS FOR FY  
2023 HAVE BEEN BUDGETED IN THE DISTRICT’S NON-PERSONNEL  
EXPENSE BUDGET. All FUNDS REQUIRED FOR FUTURE FISCAL  
YEARS WILL BE BUDGETED IN THE APPROPRIATE FISCAL YEAR,  
SUBJECT TO BOARD APPROVAL UPON ADOPTION OF EACH  
FISCAL YEAR’S BUDGET  
7.  
RESOLUTION AUTHORIZING AN AGREEMENT WITH NATURESCAPE  
SERVICES, INC. FOR LANDSCAPE MAINTENANCE SERVICES FROM  
JULY 1, 2023, THROUGH JUNE 30, 2028, FOR AN AMOUNT NOT TO  
EXCEED $1,250,000 ALL FUNDS REQUIRED FOR FUTURE FISCAL  
YEARS WILL BE BUDGETED IN THE APPROPRIATE FISCAL YEAR,  
SUBJECT TO BOARD APPROVAL UPON ADOPTION OF EACH  
FISCAL YEAR’S BUDGET  
8.  
9.  
RESOLUTION AUTHORIZING A PURCHASE AGREEMENT NOT TO  
EXCEED $1.43M WITH METALCRAFT MARINE INC. FOR THE  
PURCHASE OF A NEW MARINE FIREFIGHTING VESSEL FOR THE  
HARBOR POLICE DEPARTMENT UTILIZING $875,000 IN PORT  
SECURITY GRANT PROGRAM (PSGP) FUNDING  
RESOLUTION FINDING THE BOARD ACTION EXEMPT UNDER THE  
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING,  
BUT NOT LIMITED TO, CEQA GUIDELINES SECTION 15306, AND  
AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN  
THE DISTRICT AND THE CITY OF SAN DIEGO, CITY OF OCEANSIDE,  
AND COUNTY OF ORANGE FROM JULY 1, 2023, THROUGH JUNE 30,  
2028, TO WORK COLLABORATIVELY ON A REGIONAL HARBOR  
MONITORING PROGRAM TO EVALUATE THE STATUS AND TRENDS  
OF WATERS, SEDIMENT, AND AQUATIC LIFE IN THE REGIONS  
HARBORS PURSUANT TO §13225 OF THE CALIFORNIA WATER  
CODE. ALL FUNDS REQUIRED FOR FUTURE FISCAL YEARS WILL  
BE BUDGETED IN THE APPROPRIATE FISCAL YEAR, SUBJECT TO  
BOARD APPROVAL UPON ADOPTION OF EACH FISCAL YEAR’S  
BUDGET  
10.  
CONTINENTAL MARITIME OF SAN DIEGO, LLC LOCATED AT 1995  
BAYFRONT STREET, SAN DIEGO:  
A. RESOLUTION CONSENTING TO THE TRANSFER OF OWNERSHIP  
INTERESTS IN CONTINENTAL MARITIME OF SAN DIEGO, LLC, TO LSF  
11TRINITY BIDCO, INC; AND  
B. ORDINANCE GRANTING A SECOND AMENDED AND RESTATED  
LEASE TO CONTINENTAL MARITIME OF SAN DIEGO, LLC, TO  
UPDATE LEASE TO CURRENT TERMS.  
PUBLIC HEARING AGENDA  
11.  
AMENDMENT TO SAN DIEGO UNIFIED PORT DISTRICT CODE,  
ARTICLE 8, SECTION 8.21 TO ESTABLISH NEW MARKET-BASED  
PARKING RATE RANGES FOR TIDELANDS PUBLIC PARKING LOTS  
AND GARAGES: CONVENTION CENTER PUBLIC PARKING GARAGE,  
BAYFRONT PUBLIC PARKING GARAGE, B STREET PIER PUBLIC  
PARKING LOT, AND NAVY PIER PUBLIC PARKING LOT  
A) CONDUCT PUBLIC HEARING AND ADOPT ORDINANCE FINDING  
THE BOARD ACTION EXEMPT UNDER THE CALIFORNIA  
ENVIRONMENTAL QUALITY ACT (CEQA) INCLUDING, BUT NOT  
LIMITED TO, SECTIONS 15273 AND 15301 OF THE CEQA  
GUIDELINES AND AMENDING SAN DIEGO UNIFIED PORT DISTRICT  
CODE, ARTICLE 8, SECTION 8.21 - PARKING RATES AT TIDELANDS  
PUBLIC PARKING LOTS AND GARAGES  
B) ADOPT RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO  
NON-APPEALABLE COASTAL DEVELOPMENT PERMIT 2016-01 FOR  
THE “NEW MARKET-BASED PARKING RATES AT TIDELANDS  
PUBLIC PARKING LOT AND GARAGES” TO ESTABLISH NEW  
MARKET-BASED PARKING RATE RANGES AT CONVENTION  
CENTER PUBLIC PARKING GARAGE, BAYFRONT PUBLIC PARKING  
GARAGE AND B STREET PIER PUBLIC PARKING LOT  
12.  
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 8.07 - REGULATION OF MOTORIZED MOBILITY  
DEVICES AND PEDICABS ON DISTRICT TIDELANDS  
13.  
AMENDMENT OF SAN DIEGO UNIFIED PORT DISTRICT TARIFF NO.  
1-G, RATES AND CHARGES, AND UPDATED FORMAT AND  
LANGUAGE  
A. RESOLUTION FINDING THE AMENDMENT TO THE SAN DIEGO  
UNIFIED PORT DISTRICT TARIFF NO. 1-G, RATES AND CHARGES, TO  
INCREASE RATES, ADD NEW RATES, AND UPDATE TARIFF  
FORMAT AND LANGUAGE EXEMPT FROM THE CALIFORNIA  
ENVIRONMENTAL QUALITY ACT (CEQA) AS SPECIFIED UNDER  
SECTION 15273 OF THE CEQA GUIDELINES  
B. CONDUCT A PUBLIC HEARING AND ADOPT AN ORDINANCE  
AMENDING THE SAN DIEGO UNIFIED PORT DISTRICT TARIFF NO. 1  
-G, RATES AND CHARGES, ADD NEW RATES, AND UPDATE TARIFF  
FORMAT AND LANGUAGE  
ACTION AGENDA  
14.  
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  
15.  
ORDINANCE AMENDING SAN DIEGO UNIFIED PORT DISTRICT PORT  
CODE SECTION 4.38 - REGULATING VESSELS IN THE A-1. A-5, AND  
A-9 ANCHORAGES TO INCLUDE SHELTER ISLAND GUEST DOCK,  
INSURANCE REQUIREMENTS, AND OTHER AMENDMENTS  
UPDATING LANGUAGE TO CODIFY AND REFLECT BEST  
MANAGEMENT PRACTICES  
16.  
17.  
RESOLUTION ADOPTING THE FY 2024 PRELIMINARY BUDGET AND  
SETTING THE DATE FOR PUBLIC HEARING ON THE BUDGET AS  
JUNE 13, 2023  
DISCUSSION OF USE OF ANTICIPATED FY 2023 BUDGET SURPLUS  
AND POTENTIAL RESOLUTION AMENDING FY 2024 PRELIMINARY  
BUDGET.  
18.  
19.  
PRESENTATION UPDATES ON PORT ELECTRIFICATION PROJECTS  
REVIEW AND CONSIDERATION OF DRAFT PROPOSED BOARD  
AGENDA FOR THE JUNE 13, 2023 MEETING  
OFFICER’S REPORT  
20.  
OFFICER’S REPORT  
MONTHLY NOTIFICATION OF CHANGE ORDERS PURSUANT TO BPC  
POLICY NO. 110:  
A) Change Order No. 01 to Contract No. 2022-07 with Loghmani &  
Associates Design Group, Inc. dba L.A. Design Group - WLA - 43  
Calendar Day Time Extension thru 05-26-2023  
MONTHLY NOTIFICATION OF COST RECOVERY USER FEE WAIVERS  
GRANTED BY THE EXECUTIVE DIRECTOR PURSUANT TO BPC  
POLICY NO. 106:  
None to Report  
MONTHLY NOTIFICATION OF RENT REVIEWS CONSENTED TO  
ADMINISTRATIVELY PURSUANT TO BPC POLICY NO. 355 AS  
AMENDED ON JANUARY 10, 2017:  
None to Report  
MONTHLY NOTIFICATION OF ENCUMBRANCES CONSENTED TO  
ADMINISTRATIVELY PURSUANT TO BPC POLICY NO. 355 AS  
AMENDED ON JANUARY 10, 2017:  
None to Report  
MONTHLY NOTIFICATION OF LEASE AMENDMENTS CONSENTED TO  
ADMINISTRATIVELY PURSUANT TO BPC POLICY NO. 355 AS  
AMENDED ON JANUARY 10, 2017:  
A) Amendment No. 2 to Lease (#71078) with The ATM Guy, Inc. - Amends  
Section 4.1 Regarding Minimum Monthly Rent, & Extends Term thru 03-31-  
2025