HomeMy WebLinkAboutOrdinance-2706 Port Board MembersSAN DIEGO UNIFIED PORT DISTRICT
ORDINANCE 2706
ORDINANCE CONFIRMING THE NUMBER OF
BOARD MEMBERS NECESSARY TO
CONSTITUTE A QUORUM AND TO RENDER
DECISIONS OF THE BOARD OF PORT
COMMISSIONERS
WHEREAS, the San Diego Unified Port District (District) is a public
corporation created by the Legislature in 1962 pursuant to Harbors and
Navigation Code Appendix I; and
WHEREAS, in creating the District the Legislature recognized that several
separate cities and unincorporated populated areas exist in the San Diego Bay
area and "only a specially created district could operate effectively in developing
the harbors and port facilities." (Harb. & Nav. Code, appen. 1, § 2; see generally,
San Diego Unified Port District Act (Port Act), Harb. & Nav. Code, appen. 1.); and
WHEREAS, the District is governed by a seven-member Board of Port
Commissioners (BPC) intended to provide representation for each of the cities
within the District: three commissioners from San Diego, and one each from
National City, Chula Vista, Coronado and Imperial Beach; and
WHEREAS, all of the powers and duties conferred upon the District shall
be exercised through the BPC; and
WHEREAS, section 21 of the Port Act authorizes the BPC to pass all
necessary ordinances and resolutions for the regulation of the District; and
WHEREAS, from time to time board member vacancies have resulted in
fewer than seven commissioners in office. This has raised questions regarding
the number of commissioners necessary to constitute a quorum, and the number
of votes required for the BPC to transact business; and
WHEREAS, the BPC desires to confirm the minimum number of board
members of the BPC required to constitute a quorum for the transaction of
business, and the minimum number of board members of the BPC required for
any official act.
NOW THEREFORE, the Board of Port Commissioners of the San Diego
Unified Port District does ordain as follows:
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2706
Section 1. That a majority of the members of the Board of Port
Commissioners (four) shall constitute a quorum for the transaction of business.
Section 2. That the affirmative vote of a majority of the members of the
Board of Port Commissioners (four) shall be required for any official act of the
Board of Port Commissioners, except as otherwise provided by law.
Section 3. That this ordinance shall take effect on the 31®' day from its
passage by the Board of Port Commissioners.
PASSED AND ADOPTED by the Board of Port Commissioners of the
San Diego Unified Port District, this 5th day of March, 2013, by the following
vote:
AYES: Malcolm, Moore, Nelson, Smith, Valderrama
NAYS: None.
EXCUSED: None.
ABSENT: None.
ABSTAIN: None.
Ann Y. Moore, Chair
Board of Port Commissioners
ATTEST
Timothy A. Deuel
District Clerk
(Seal)
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