3165 Pacific Hwy.  
San Diego Unified Port District  
San Diego, CA 92101  
Meeting Agenda  
Board of Port Commissioners  
Tuesday, August 9, 2022  
1:00 PM  
Don L. Nay Port Administration Boardroom  
****Pursuant to Assembly Bill 361 and state or local officials’ continued recommend measures to  
promote social distancing in response to the COVID-19 pandemic, the BOARD OF PORT  
COMMISSIONERS (BOARD) hereby provides notice that it will hold a regular meeting of the  
BOARD. Some of the COMMISSIONERS may attend the meeting and participate remotely to the  
same extent as if they were present.  
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.  
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 which will be forwarded to  
the Board and included in the agenda-related materials record for the meeting.  
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.  
* 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) 686-6206 at least 48  
hours prior to the meeting.  
A. Roll Call.  
B. Pledge of Allegiance.  
C. Closed Session Report Out.  
D. Public Communications.  
Please limit comments to 3 minutes per speaker. No actions may be taken on these  
items.  
E. Board Committee Reports.  
None.  
F. Commissioners’ Reports.  
No actions may be taken on these items.  
G. Special Recognition.  
H. President’s Report.  
I. District Clerk’s Announcements.  
APPROVAL OF MINUTES  
2022-0240  
Approval of minutes for:  
July 12, 2022 - CLOSED SESSION  
July 12, 2022 - BPC MEETING  
July 21, 2022 - SPECIAL BPC MEETING  
CONSENT AGENDA  
1.  
2021-0180  
BAYSHORE BIKEWAY SEGMENTS 2 AND 3:  
A. ORDINANCE GRANTING A SIXTY-SIX (66) YEAR EASEMENT FOR  
THE OPERATION AND MAINTENANCE OF A SEGMENT OF THE  
BAYSHORE BIKEWAY TO THE CITY OF SAN DIEGO FOR  
APPROXIMATELY 1,737 SQUARE FEET OF LAND LOCATED WEST  
OF AND ADJACENT TO NORTH HARBOR DRIVE IN THE CITY OF SAN  
DIEGO.  
B. ORDINANCE GRANTING A SIXTY-SIX (66) YEAR EASEMENT FOR  
THE OPERATION AND MAINTENANCE OF A SEGMENT OF THE  
BAYSHORE BIKEWAY TO THE CITY OF SAN DIEGO FOR  
APPROXIMATELY 466 SQUARE FEET OF LAND LOCATED EAST OF  
AND ADJACENT TO HARBOR DRIVE IN THE CITY OF SAN DIEGO.  
2.  
2022-0225  
RESOLUTION AUTHORIZING CAPTAIN JOSHUA K. FERGUSON AS A  
FULL-TIME U.S. COAST GUARD LICENSED SAN DIEGO HARBOR  
PILOT, TO PERFORM PILOTING SERVICES FOR THE NAVIGATION OF  
VESSELS ENTERING, LEAVING, AND SHIFTING WITHIN SAN DIEGO  
BAY.  
The Board will consider staff’s request to continue this item to a future  
Board Meeting.  
3.  
2022-0194  
RESOLUTION SELECTING AND AUTHORIZING AN AGREEMENT WITH  
DATA TICKET, INC. FOR PARKING CITATION PROCESSING  
SERVICES AND ENFORCEMENT EQUIPMENT FOR AN AMOUNT NOT  
TO EXCEED $500,000 FOR A PERIOD OF FIVE (5) YEARS FROM  
OCTOBER 1, 2022, THROUGH SEPTEMBER 30, 2027, WITH FIVE (5)  
ONE-YEAR OPTIONS TO EXTEND, WHICH MAY BE EXERCISED BY  
THE DISTRICT AT ITS SOLE DISCRETION FOR AN AMOUNT NOT TO  
EXCEED $90,000 PER YEAR, FOR A TOTAL NOT-TO-EXCEED  
AMOUNT, INCLUDING OPTIONS, OF $950,000. FUNDS FOR FISCAL  
YEAR (FY23) ARE BUDGETED, 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  
4.  
5.  
2022-0198  
2022-0209  
ORDINANCE GRANTING AMENDMENT NO. 6 TO THE CONDITIONAL  
AGREEMENT WITH MITSUBISHI CEMENT CORPORATION TO  
EXTEND THE TERM OF THE CONDITIONAL AGREEMENT FOR THE  
PROPOSED CEMENT IMPORT TERMINAL IN WAREHOUSE C AT THE  
TENTH AVENUE MARINE TERMINAL, IN SAN DIEGO FOR AN  
ADDITIONAL 12 MONTHS TO DECEMBER 31, 2023  
RESOLUTION AUTHORIZING ISSUANCE OF A NON-APPEALABLE  
COASTAL DEVELOPMENT PERMIT FOR THE DEMOLITION OF  
STORAGE TANKS AND STORM WATER IMPROVEMENTS PROJECT  
AT THE TENTH AVENUE MARINE TERMINAL  
6.  
2022-0217  
ENVIRONMENTAL MITIGATION LAND MANAGEMENT GRANT  
PROGRAM FUNDED BY SAN DIEGO ASSOCIATION OF  
GOVERNMENTS  
A) RESOLUTION AUTHORIZING AN APPLICATION FOR  
ENVIRONMENTAL MITIGATION LAND MANAGEMENT GRANT  
PROGRAM FUNDS TO THE SAN DIEGO ASSOCIATION OF  
GOVERNMENTS (SANDAG) FOR ENDANGERED AVIAN NESTING  
SITE STEWARDSHIP AT D-STREET FILL PROJECT COMMITTING TO  
PROVIDE FUNDS IN KIND, AND AUTHORIZING THE EXECUTIVE  
DIRECTOR OR DESIGNEE TO ACCEPT GRANT FUNDS AND  
EXECUTE GRANT AGREEMENT; AND  
B) RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OR  
DESIGNEE TO ACCEPT GRANT FUNDS AND EXECUTE GRANT  
AGREEMENT WITH THE SAN DIEGO ASSOCIATION OF  
GOVERNMENTS FOR GRANT FUNDING, IF AWARDED, IN THE  
AMOUNT OF $80,000, FOR A PERIOD OF 18 MONTHS BEGINNING ON  
OR AROUND SEPTEMBER 1, 2022, AND ENDING ON OR AROUND  
FEBRUARY 1, 2024, AND GRANTING INDEMNITY TO SANDAG  
7.  
2022-0220  
RESOLUTION SUPPORTING THE DISTRICT’S 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 IN THE AMOUNT OF $500,000 FOR A  
PERIOD OF THREE YEARS AND CONFIRMING THAT THE DISTRICT  
WILL ACCEPT THE GRANT IF AWARDED TO THE DISTRICT AND A  
GRANT AGREEMENT IS APPROVED BY THE BOARD OF PORT  
COMMISSIONERS  
8.  
2022-0229  
RESOLUTION REGARDING DISTRICT VIRTUAL MEETINGS IN  
ACCORDANCE WITH THE RALPH M. BROWN ACT AND ASSEMBLY  
BILL 361  
PUBLIC HEARING AGENDA  
9.  
2022-0211  
B STREET CRUISE SHIP TERMINAL INTERIOR IMPROVEMENTS AND  
FACILITY FEE  
A. CONDUCT A PUBLIC HEARING AND ADOPT AN ORDINANCE  
AMENDING THE SAN DIEGO UNIFIED PORT DISTRICT TARIFF NO. 1  
-G, RATES, AND CHARGES, TO ADD A NEW RATE FOR CRUISE  
FACILITY IMPROVEMENT FEE IN THE AMOUNT OF $5.50 PER  
PASSENGER  
B. RESOLUTION ESTABLISHING A CRUISE FACILITY IMPROVEMENT  
FUND RESOURCED THROUGH THE CRUISE FACILITY  
IMPROVEMENT FEE  
C. RESOLUTION AMENDING THE FY 2019-2023 CAPITAL  
IMPROVEMENT PROGRAM (CIP) TO ADD THE B STREET CRUISE  
SHIP TERMINAL INTERIOR IMPROVEMENTS PROJECT WITH A  
PROJECT BUDGET OF $5,000,000  
D. RESOLUTION APPROVING A FY 2023 BUDGET TRANSFER, IN  
ACCORDANCE WITH BPC POLICY NO. 90, TRANSFERRING $650,000  
FROM THE EQUIPMENT OUTLAY AND OTHER CAPITAL PROJECTS  
APPROPRIATION TO THE CAPITAL IMPROVEMENT PROGRAM  
APPROPRIATION FOR DESIGN COSTS AND GEOTECHNICAL STUDY  
FOR THE B STREET CRUISE SHIP TERMINAL INTERIOR  
IMPROVEMENTS PROJECT  
E. RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO THE  
AGREEMENTS WITH DOMUSSTUDIO ARCHITECTURE, SILLMAN  
WRIGHT ARCHITECTS, AND ROESLING NAKAMURA TERADA  
ARCHITECTS, INC. FOR AS-NEEDED ARCHITECTURAL SERVICES  
INCREASING THE AGGREGATE AGREEMENT AMOUNT BY $350,000  
FROM $800,000 TO A NEW NOT-TO-EXCEED AMOUNT OF  
$1,150,000. FUNDS REQUIRED FOR THE CURRENT FISCAL YEAR  
ARE INCLUDED IN THE APPROVED FY 2023 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  
F. RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO THE  
AGREEMENTS WITH MOFFATT & NICHOL, GHD, TRITON ENGINEERS,  
AND SIMPSON GUMPERTZ & HEGER, INC. FOR AS-NEEDED MARINE  
STRUCTURAL SERVICES, INCREASING THE AGGREGATE  
AGREEMENT AMOUNT BY $300,000 FROM $4,000,000 TO A NEW  
NOT-TO-EXCEED AMOUNT OF $4,300,000. FUNDS REQUIRED FOR  
THE CURRENT FISCAL YEAR ARE INCLUDED IN THE APPROVED FY  
2023 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  
ACTION AGENDA  
10.  
2022-0212  
RESOLUTION AUTHORIZING AN 8-YEAR MUNICIPAL SERVICES  
AGREEMENT WITH THE CITY OF CORONADO FOR LAW  
ENFORCEMENT, FIRE, LIFEGUARD AND EMERGENCY SERVICES  
ON NON-AD-VALOREM DISTRICT PROPERTY LOCATED IN THE CITY  
OF CORONADO  
11.  
2022-0025  
REVIEW AND CONSIDERATION OF DRAFT PROPOSED BOARD  
AGENDA FOR THE SEPTEMBER 13, 2022 MEETING  
OFFICER’S REPORT  
12.  
2022-0234  
OFFICER’S REPORT  
MONTHLY NOTIFICATION OF CHANGE ORDERS PURSUANT TO BPC  
POLICY NO. 110:  
A) Change Order No. 1 to Contract No. 2021-07 with Telliard Construction  
- 13 Calendar Day Time Extension thru 06-30-22  
B) Change Order No. 1 to Contract No. 2021-18 with Patriot  
Environmental Services, Inc. - 15 Calendar Day Time Extension thru 06-30-  
22  
C) Change Order No. 1 to Contract No. 2020-25 with Shimmick  
Construction Company, Inc. - Increases Contract by $414,281.09  
D) Change Order No. 3 to Contract No. 2022-10 with La Mesa Glass, Inc. -  
Increases Contract by $5,141.00  
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:  
None to Report