[0:00] Good afternoon, everyone. I will now call to order the regular meeting of the Board of Court Commissioners on November 14, 2023 at 1 p.m. District Clerk, could you please call the roll?

[0:11] Thank you. Please respond when I call your name, Castianos.

[0:16] Malcolm.

[0:17] A-more.

[0:22] Sorry, here. Thank you, D-more.

[0:24] Here.

[0:25] Naronho.

[0:26] President.

[0:27] Hertz Hassan.

[0:28] Here.

[0:28] Commissioners, you've cut as you used on port business and we have no request for a remote participation.

[0:34] Okay, Commissioner Anne, more could you please lead us in the pledge of allegiance?

[0:38] Okay.

[0:39] Thank God, here.

[0:40] I see.

[0:42] Ready?

[0:43] Begin.

[0:44] I'd like to lead us to the flag of the United States of America.

[0:49] Thank you very much.

[0:57] Thank

[1:00] you, Commissioner Moore.

[1:04] General Counsel, could you please read us out of the closed session?

[1:07] Thank you, Chair Castiano.

[1:08] During the closed session, the board considered the items in the closed session agenda and

[1:11] technical reportable action.

[1:12] That concludes my report.

[1:14] Thank you, District Clerk.

[1:15] Do we have any non-agenda public comment?

[1:17] We do.

[1:19] Before I call today's speaker, please note that

[1:23] Anyone having difficulty providing public comment remotely, please call the

[1:26] fourths main phone line at 619-686-220 for assistance.

[1:32] As a benefit of the public, we offer a Spanish interpreter for public comment

[1:36] periods.

[1:37] Please let us know when submitting your request to speak.

[1:40] We are also broadcasting this meeting in Spanish, the link to that broadcast is

[1:44] available on our website.

[1:46] Speakers will have two minutes to address the board with a maximum of five minutes

[1:50] for those with seated time.

[1:51] Those that are commenting in person today, please note that the want to turn front of the podium will display the time you have remaining.

[1:58] When the green timer changes to yellow, please wrap up your comments when the light turns red, your time has expired.

[2:04] We may raise our low of the podium so that the microphone is at the proper height.

[2:09] If you prefer to do that, there's a switch to the right side, please don't pull in the microphone.

[2:15] And we have William J. Dorsett.

[2:18] I

[2:35] would like to apologize for my comment last time I was here about y'all saying you were above the law

[2:42] I've misquoted what was said in the papers and in the grand jury report and I would like to apologize for that

[2:49] It was complete mistake. I've ran across my wires a little bit and I got a little nervous because I was called up like immediately and I

[2:58] Wasn't ready and so that's what happened there

[3:01] The actual thing I believe was said that if something were along long, you guys could do whatever you wanted to do.

[3:09] And so I can see how my brain crossed that.

[3:13] But again, I am sorry for misquoted.

[3:17] Thank you.

[3:19] Thank you.

[3:20] Thank you.

[3:20] That concludes non-agenda public comment.

[3:23] Okay.

[3:24] We don't have any board committee reports, we'll then move on to commissioner reports starting

[3:38] with me reporting out on the California State Lands Commission, which had its meeting

[3:46] here on October 19.

[3:48] I had the regular public meeting in this very room.

[3:50] The State Lands Commission is one of our best partners, many of the really great things that we've done over the years has been with the partnership of the State Lands Commission, including our marine spatial planning tool that we developed.

[4:09] Now that we have jurisdiction of the entire Bay Bottom or the donut hole, as it's referred to, they have been key with respect to our initiatives there.

[4:20] all of the environmental projects that we do and making sure that it's a public trust compliant,

[4:25] they've been a great partner. We had an opportunity to provide some welcoming remarks about

[4:31] the things we're doing here at the port, our electrification efforts are economic role in the region

[4:36] and in the state, and thanking them for everything they do for us, including the trust land's use plan,

[4:45] which is respect to the additional jurisdiction that we're acquiring pursuant to Senate Bill 507.

[4:52] The Commission acknowledged our submittal of the draft trust lands use plan.

[5:00] During executive director, Kasey's report, she invited Imperial Beach Mayor Aguirre, as well as Jason Giffin, to speak about the Tejwana River Transboundary Water Pollution Issues at the border that are seriously impacting water quality and public health in Imperial Beach.

[5:16] The commission chair, Lieutenant Governor Kunalakis, underscored the severity of the pollution, and its impact on the region, especially Imperial Beach and our Southfake communities, by stating that

[5:29] There is no greater environmental crisis in the state of California right now than this particular issue.

[5:35] We emphasize the importance of our partnerships to continue to address the complex public lands and environmental issues together.

[5:42] And it was a real honor to have the opportunity to host their meeting, and I look forward to seeing them down here again soon.

[5:50] We will now move on to Commissioner Naranho reporting out on the AAPA Annual Convention and Expo.

[5:56] I had the honor of representing the Port of San Diego that 112 annual conference and

[6:04] expel of the American Association of Port Authorities held October 22nd through October 25th

[6:09] in or Colorado. The annual gathering is built as the premier event for the C4 industry,

[6:14] it brings together port professionals, terminal operators, service providers and supply chain partners

[6:19] to share innovation, trends, challenges and workable solutions and the ever-changing industry

[6:24] of worldwide goods movement.

[6:26] The conference dealt with a wide array of topics,

[6:28] everything from best methods for applying for federal grants,

[6:31] to the goals for offshore wind energy development,

[6:34] to port cybersecurity, to crisis communication,

[6:37] to tracking the carbon footprint of the goods movement.

[6:40] Much of the discussion and debate

[6:41] was about how to best electrify terminal operations,

[6:44] it's about to say that a poor is an industry leader

[6:46] in electrification space through our maritime clean air strategy.

[6:49] A man discussed clean air strategies and other maritime

[6:51] industry topics with our representatives

[6:53] in the ports from U.S. Canada, Caribbean, and Latin America.

[6:56] In addition to the exchange of information ideas and all the plus, the conference was held

[7:00] at the Gaylord Rockies Resort and Commence Center about 30 minutes outside of Denver.

[7:04] It gave me a renewed appreciation for what we're about to see at the Chilvestov Bayfront

[7:08] and that concludes my report.

[7:10] Thank you, Commissioner Nadon, please also report out on the maritime community tour with

[7:16] and the EHC?

[7:18] Yes, on October 30th, commissioners to Kett and I joined

[7:21] Portsap in a meeting between our anchored tenant,

[7:24] Dull Fresh Fruit, and the Environmental Health Coalition.

[7:27] Dull provided an overview of their business operations and gave an

[7:30] impressive overview of the environment initiatives.

[7:32] They have implemented.

[7:34] Noting that Dull was the first to implement operational

[7:36] electric cargo handling equipment on the west coast.

[7:38] They're 100% sure power plug in rate, and their sustainability efforts

[7:42] not just in San Diego, but internationally.

[7:44] The EHC provided in-depth presentation, noting the environmental impacts of industrial activities

[7:49] around our surrounding neighborhoods, the large disparities in air quality by neighborhoods,

[7:53] and how important it is to work together to make a positive impact on neighborhoods like

[7:58] Barri Logan.

[7:59] jointly, we collaborate and brainstorm on a path to help truckers convert their diesel vehicles

[8:03] to zero-mission trucks, and while there are obstacles, these types of open dialogues

[8:07] will help us overcome those obstacles in order to achieve our MCAS goals.

[8:10] It was a great meeting after which we went on to a terminal tour of Tampa Avenue and had an opportunity to climb up onto our brand new all-electric mobile harbour cranes

[8:19] It was truly a great collaborative and effort and we look forward to more meetings like this in the future and thank you to

[8:25] Port staff Dean Barman of Health Coalition in Dull for making that meeting possible and

[8:29] I actually have one more report. It's not this year. Sure. Yeah

[8:32] So I wanted to report out on Friday out October 13

[8:36] It was joined by my mayor, vice mayor, port staff, and we spoke at the Coastal Commission

[8:42] hearing, and we spoke under non-agenda comment and really to tell Coastal Commission

[8:47] really the story about the National City Bounce Plan.

[8:50] We anticipate, where we hope crossing our fingers at the National City Bounce Plan would be

[8:55] docked at the February 24th meeting, which would be hosted here in San Diego, but it was

[8:59] really important for Coastal Commission to see holistically the history of the making of the

[9:04] balance plan, how we got there and what it means for a community like National City that's an

[9:08] environmental justice community, a low income community, a community of color to have access to our

[9:13] waterfront and to really balance all needs. And so it was really great to share a story. I know there's

[9:18] much appreciation from coastal commissioners in the chair and so we just look forward to that and

[9:23] working on that. That concludes my report. Thank you. Commissioner Malcom, I think you also had a few

[9:27] words about that coastal commission meeting. Yeah, thank you. And you, your comments actually sparked it.

[9:33] I don't have any prepared comments, but my was at the October 11th Coastal Commission meeting.

[9:38] They had what turned into about a seven-hour meeting on the Trans-Foundary Flow.

[9:44] If you want to river, a lot of community members were there, a lot of public officials were there.

[9:49] Lieutenant Governor Kunalakis was also there as was a Coastal Commission.

[9:53] I was there representing the port and made some comments.

[9:56] And I think just the high points are the acknowledgement that this is the most...

[10:00] Polluted Watershed in the United States. In the last decade, over a hundred billion gallons of

[10:06] raw sewage, just flowed from Tijuana down into the Pacific Ocean, impacting communities

[10:12] both Imperial Beach, Silver Strand Beach, and also Coronado. And when you talk about environmental

[10:19] equity, which we do a lot here in this chamber, I don't think there's any greater example of

[10:25] environmental inequity that is what has gone on continuously chronically for the last 20 or more years.

[10:34] My comment specifically dealt with, we had IBWC, which is an international boundary water commission

[10:40] that controls the international treatment plant and they disclose that they have over a hundred million dollars of deferred maintenance on the plant.

[10:48] And the plant is not operating at full capacity right now.

[10:53] They've got plants to put $18 million in in the next couple of years, but that doesn't begin to solve the problem just existing with the current plant, let alone building new capacity.

[11:05] So, which we do have a plan for as well. So, we were prevailing on the Lieutenant Governor and the Coastal Commission to help us understand that there really is a stay of an emergency.

[11:16] We've asked a governor to take a look at that, we're asking the Biden administration to take a look at that.

[11:22] I will say, and I want to give a lot of credit to Rafael Castanos and his team going to Washington, D.C.,

[11:29] that made a White House trip that actually got President Biden and his team to put,

[11:34] I've moved $310 million into the budget for a solution.

[11:40] In addition to the $300 million that's already in the USMCA treaty.

[11:44] So I want to thank you, Rafael, you and your team are obviously very, very persuasive in that meeting and made a good case, so thank you.

[11:54] But this is something the port is about water quality and we are not going to take our foot off the accelerator until we find a solution for this.

[12:01] Thank you.

[12:04] Thank you.

[12:04] Thank you Commissioner Malcolm.

[12:07] And I'll just say with respect to that trip to DC,

[12:09] It was a team effort, there were members of the governor's office who were with us on that trip.

[12:17] Our entire congressional delegation was pushing hard for that money and there were many others.

[12:24] So everybody with poor staff, Job and Jason and David Yao and Ert Washington DC lobbyist.

[12:31] Everybody was working really hard together to communicate that message to help bring that money into the supplemental appropriation.

[12:39] Commissioner Daniel Moore, if you could please report out on the IAPH World

[12:43] Ports Conference.

[12:44] Thank you, Chairman.

[12:46] This afternoon, I am reporting now on the International Association of Ports and

[12:51] Harbors Conference held from October 31st to November 2nd, and Albu Dhabi, an island

[12:57] in the Persian Gulf that is the capital of the United Arab Emirates.

[13:00] The organization was founded in 1955, and it's a global alliance of 169 port authorities,

[13:06] and 134 port-related businesses.

[13:10] It has a diverse membership of 87 nationalities

[13:13] across the continents.

[13:15] It's member-ports handle one third of all ocean going trade

[13:19] and 60% of the world's container traffic.

[13:22] Reducing the mayor times, industries,

[13:25] reliance on fossil fuels, navigating the currents

[13:28] and future impacts of climate change,

[13:30] embracing poor innovations and the growing threat

[13:33] of cybercrime disruptions,

[13:34] among the broad themes of the conference.

[13:38] Panels and discussion sessions included the impact of zero carbon fuels on global trading routes

[13:44] and cargo flow, the role of ports as clean energy marine hubs,

[13:48] carbon capture and storage at ports, the resurgence of the cruise ship industry,

[13:54] decognizing terminals, response and recovery from natural disasters,

[13:58] cyber threats, supports, and the new reality for breakbook ports,

[14:02] a session with particular importance to the Port of San Diego.

[14:06] As a breakbook port, we specialize in cargo,

[14:09] some of the large-scale and size, like wind energy parts,

[14:13] that do not fit in box-car size containers.

[14:16] Speakers at the breakbook session

[14:17] were bullish on the future of ports like ours.

[14:20] A global push to improve energy security,

[14:23] the long-term shift towards decarbonization,

[14:25] and a volatile geopolitical environment,

[14:28] are driving up breakbook cargo demand.

[14:30] The bottom line message is that ports like the port of San Diego needs to electrify as we are doing to prepare and increase cargo volume in the years ahead.

[14:40] One of the sessions that released it out to me was one in which the speaker talked about how the future is here.

[14:46] And she provided the example of Amsterdam's or Rotterdam's port and that it has a terminal that's entirely electric.

[14:54] And it also pointed to a port in Asia that has is all hydrogen and she said

[15:00] The future is here, but it's not equally distributed. And so here, at the port of San Diego, we

[15:05] were so excited about continuing to further the future. And some of the amazing things that we

[15:11] have to brag about in terms of our electrification of our port. And being one of the examples to

[15:17] the rest of the world that we are the future. And the things that we have used the precedent,

[15:23] the ability to electrify a poor is a model for the rest of the world.

[15:29] Thank you.

[15:29] Thank you, Commissioner Moore.

[15:32] I'll go next with the report out on our participation in the World Trade

[15:39] Centers trade mission to South Korea earlier this month.

[15:43] I went with Commissioners Malcolm and are Tassen as well as Job Nelson and

[15:53] of San Diego, Todd Gloria, and Chairwoman,

[15:55] or the Artist of the County Board of Supervisors.

[15:58] Last year, we went to Rotterdam.

[16:01] We went to the Porter Rotterdam in the Netherlands

[16:03] and we saw, if you recall, that fully electric cargo terminal.

[16:07] This trip was just as productive and impactful.

[16:13] This trade mission every year is an opportunity

[16:15] for San Diego businesses of all sizes to help foster more foreign trade.

[16:22] more foreign investment. For myself as a poor commissioner, meeting with our various, many of our

[16:32] maritime customers, commissioner Malakum is going to say a few words about that in just a second.

[16:37] It really gives you an appreciation about the importance of the seaports in the world.

[16:43] When people think of the port of San Diego, they frequently think of the hospitality port,

[16:48] the hotels, the restaurants, the retail.

[16:50] But we're a working seaport.

[16:53] And all of us, the clothes we're wearing,

[16:56] the items we consume, pens, you name it.

[17:00] It's so easy to not even think about how it got to that store.

[17:05] And when you go and you see these maritime operations,

[17:08] and you meet with the cargo brokers,

[17:09] and the receivers and advanced agents,

[17:13] It's a multiple dimensional Rubik's Cube to get all of these things that we use in our lives to the store where we buy them and just take it all for granted.

[17:24] How complicated it is to get everything worth supposed to be.

[17:29] And so to every member of the maritime group, thank you for all of your work.

[17:34] We were able to tell a really wonderful story about all of our electrification efforts.

[17:40] The first fully electric supermax mobile hardware cranes in all in North America are

[17:45] sure power, our electrification of cargo handling, equipment, our electric truck goals.

[17:53] It is really inspiring to know that we are playing such a key role in the acceleration of

[18:00] the transition to a clean energy future.

[18:03] And so to all of the members of the board staff,

[18:06] it's great work, and we're proud of you.

[18:08] So thank you.

[18:11] Commissioner Malcolm, would you like to say a few words?

[18:14] Yeah, that was so inspiring that I'm going to have

[18:17] to go off the print of cheat and just talk about,

[18:20] the importance of maritime, which all of us

[18:22] up here understand to the Port of San Diego.

[18:25] It accounts for billions of dollars of economic benefit

[18:28] to the region every year.

[18:30] thousands of well-paying jobs, the goods that come in is Commissioner Castanos was talking

[18:37] about, but it's a really important part, it's why the port exists in the first place.

[18:41] Back on the days of COVID, it's what we counted on in terms of our regular income, when

[18:47] our real estate income was going down, it really is an important part of the financial fabric

[18:52] of the region, and so when you talk about going on a trade trip like this and I have had

[18:56] people come up to me and say, oh, you're so lucky, you get to go to South Korea, and you

[19:01] go on this junk at or whatever. Let me tell you, it's anything, but it's a lot of hard work.

[19:07] And I want to thank Joel Vanceway, Le Greg Borsie, and Joe Nelson for being so prepared and

[19:13] preparing us to go in there and talk to existing customers, potential customers,

[19:19] about bringing more maritime business to San Diego to promote the region, to promote

[19:25] maritime to promote the jobs and it was really exciting in a couple of meetings one in particular

[19:33] where we met with a company that is just going to start importing lithium batteries in

[19:38] the San Diego for the entire California region to now start adding battery storage to existing

[19:44] solar farms, existing wind farms, to actually store the electrons that are created by these renewable

[19:51] and this company said, hey, if everything goes well and based on your numbers and what you're

[19:57] telling us, it could be up to 50 ships a year.

[20:00] I believe is what they said. And that is very, very significant for the Port of San Diego. But in order to get business like that, you've actually got to go, you've got to have your facts and figures and you've got to make the case.

[20:13] So I want to thank staff. I want to thank my fellow commissioners for being there. And I thought it was really a very productive trip.

[20:21] Thank you, commissioner. Commissioner Tesson. You have any comments about the.

[20:25] 7am to 9.30 pm every day. It was a lot of work, but it was well worth it, and as Commissioner

[20:31] Malcolm indicated, one of the last meetings that we had was when we met with that shipping company

[20:36] that talked about that they had selected San Diego to import the lithium batteries and that they're

[20:42] going to give us a try, right? And we're going to have to work real hard at it, Michael Flore.

[20:47] To make sure that things go smoothly as I know that they will, and 50 ships a year, that's a

[20:54] significant thing, but it was great to be in Seoul, Korea.

[20:59] I tell people that country is on steroids.

[21:03] They are real, I mean, we obviously

[21:04] would not have saw some real interesting presentations

[21:08] with companies like Samsung

[21:10] that we recognize as being an electronics company,

[21:13] but we woe there and you meet with them

[21:15] and they talk about this whole new CDMA technology

[21:18] where they're determined and manufacturing for a lot of these,

[21:23] major companies like Eli Lilly and Moderna and Pfizer and what

[21:26] have you, and in a matter of 12 years now employ thousands of

[21:30] employees and have very impressive campuses super impressive.

[21:36] Then we got to see their port, obviously, where they built on

[21:39] reclaimed land from from Dredge, I mean, just incredible to

[21:44] see all that, but and very impressed just with the energy that

[21:49] country as, the discipline they have to charge forward in their entrepreneurial ways.

[21:56] So, I'm glad to be a part of it.

[21:57] But a lot of work.

[22:00] I can attest to that.

[22:01] It's an incredible country I've never been to Asia before.

[22:05] Clean, not a piece of litter anywhere, Commissioner Thomson was constantly saying, I love South

[22:11] Korea.

[22:12] I'm going to start a trashcan company too, because you should not find a trashcan anywhere.

[22:17] We were all walking around with our trash, but it was a wonderful experience.

[22:23] Okay, with that, any other commissioner would like to report out on anything.

[22:29] Okay, thank you.

[22:31] We will now move on to our special recognitions.

[22:33] If staff could please present.

[22:36] Okay, Ella?

[22:40] Good afternoon.

[22:41] Thank you.

[22:42] Thank you.

[22:43] Thank you.

[22:46] Thank you.

[22:47] We will now move on to our special recognitions.

[22:49] Native American heritage month is celebrating annually throughout the month of November.

[22:55] This year's theme is celebrating tribal sovereignty and identity.

[22:59] Tribal sovereignty ensures that any decisions about tribes as the guard to their property and citizens are made with their participation and consent.

[23:07] It is time to celebrate the traditions, languages, and stories of Native American, Alaska Native, Native Hawaiian, and affiliated island communities.

[23:16] and ensure that their rich histories and contributions continue to thrive each passing generation.

[23:23] This November and every month, we celebrate the culture and heritage of these remarkable Americans,

[23:29] who deeply enrich the quality and character of our nation.

[23:34] In celebration of Native American Heritage Month, staff will have the opportunity to listen to presenters

[23:38] from the Native American community on November 17th.

[23:42] Speakers will include the University of San Diego's Tribal Liaison and the Founder and Alumni

[23:47] Native Like Water.

[23:50] Next slide please.

[23:52] In addition to Native American Heritage Month, we also acknowledge and celebrate dear

[23:56] the less Methos, to Wally and Veterans Day.

[24:01] Dear the less Methos is a Mexican holiday where families welcome back the souls of their

[24:05] deceased relatives for a brief reunion that includes food, drink and celebration.

[24:10] According to tradition, the gates of heaven are opened at midnight on October 31st and the

[24:15] spirits of children can rejoin their families for 24 hours. The spirits of adults can do

[24:21] the same on November 2nd. The valley is one of the major religious festivals in Hinduism,

[24:27] genism, and Sikhism. Lasting for five days from the 13th day of the dark half of the lunar

[24:34] Ashviya, excuse me, to the second day of the light half of the

[24:37] Lunar Moon, Cartique. The festival generally symbolizes the victory of light over darkness.

[24:44] Finally, on November 11th, we observe Veterans Day, which began as Armistice Day in 1918,

[24:51] marking the end of World War I. In 1954, Congress amended the name of the holiday to Veterans Day,

[24:57] in recognition and honor of a...

[25:00] American veterans of all wars. I will now turn over the presentations to Serena Bestra. Thank you.

[25:13] Good afternoon. I'm Serena Buster with the Planning Department. We are very excited to introduce a new member of the

[25:32] civic well and is dedicated to building capacity of local public agencies to address community issues,

[25:39] including climate change, water resource management, housing and mobility.

[25:44] In addition to working on projects with their host agencies,

[25:48] civic spark fellows also dedicate hours towards leadership training,

[25:52] development, and volunteer engagement within their regions.

[25:56] Melissa graduated from STSU in 2020 with a degree in biology and a minor in cultural

[26:02] competency. Since graduation, she has worked as an environmental educator, field technician,

[26:09] education and outreach coordinator, and most recently served with the New Jersey Watershed

[26:14] Ambassador Program. We would like to extend a very warm welcome to Melissa, who's behind me.

[26:22] Thank you. This concludes special recognition. Thank you very much.

[26:29] Can you please give us the President's report, Randa?

[26:33] Yes, sir.

[26:34] Happy to.

[26:36] First slide.

[26:37] Okay. On October 12th, the Harbor Police Department renewed their memorandum of understanding

[26:42] with the U.S. Department of State in support of their mission to provide professional law enforcement

[26:48] training all across the globe.

[26:51] Harbor police have previously deployed on several training missions in support of this program.

[26:55] The support has included Harbor Police vessel instructors advising the Jamaican police on maritime operations and HPD divers training the Philippine police and Coast Guard on underwater investigations.

[27:11] During a special ceremony at the Harbor Police headquarters, Chief Magda Fernandez and Assistant Secretary of State Todd Robinson signed the agreement continuing the partnership between the two agencies.

[27:24] Assistant Secretary of State Robinson later presented Harbor Police with a certificate of appreciation for their long-standing support.

[27:33] Next slide, please.

[27:37] Thank you to the World Women Foundation for the opportunity to participate in their sustainability conference at UC San Diego Park and Market on October 26.

[27:46] The conference brought together visionary leaders, activists, entrepreneurs, academia, artists, and policy makers from around the county.

[27:56] Country, it's a lot bigger. Sorry.

[27:58] The purpose of the first annual conference was to address the impact of climate change, uplift the role of women and girls, and to forge gender harmony for a sustainable future that is a bold, transformative path forward.

[28:11] Our own Paulus Sylvia and Renee Yarmee were panelists in two of the sessions.

[28:18] One of the sessions was leading the era of equality and equal future, and the other was

[28:24] called transitioning from ambition to action for a sustainable future.

[28:29] Paula and Renee had an opportunity to share their perspectives and experiences in their

[28:33] own fields of blue economy and electrification of maritime.

[28:38] It was inspiring to see such a diverse and engaged group come together to discuss and address crucial issues in sustainability and equality.

[28:47] Thank you, Paula and Renee.

[28:49] Next slide.

[28:51] It's a very exciting announcement.

[28:55] The Department of Transportation announced port infrastructure development program or PIDP awards on November 3rd.

[29:03] And the great news is that the port was included in the list of awardees.

[29:08] The port will receive $11.25 million for the National City Marine Terminal Birth

[29:14] Rehabilitation and Electrification Project.

[29:17] Port staffs partnered with our tenant Pisa Automotive on this application.

[29:25] The project will repair two birds, fund shore power installation and lighting

[29:30] upgrades and deploy technology to improve operational efficiencies at the terminal.

[29:35] We're very grateful to the Department of Transportation and to the patient team for their

[29:40] collaboration and partnership. This grant award is the fifth since 2021 for projects

[29:45] on and around the terminal, bringing the total dollars committed to national city projects to

[29:51] to 76 million in a next step.

[29:56] Port staff will work with staff from the Maritime Administration to final.

[30:00] Vice the PIDP grant agreement. The grant agreement will come to the board for acceptance sometime next year. This concludes my report. Thank you.

[30:09] Thank you, Randa. Any disparate clerk announcements?

[30:13] Yes, thank you.

[30:14] As a reminder, anyone having difficulty providing public comment,

[30:19] remotely, please call the Ports mainline at 619-686-62004 assistance.

[30:26] Speakers will have two minutes to address the board today.

[30:30] Gender related items were received by the board for item E non-agenda public comment.

[30:36] Item number eight, file 2023-0260 resolution establishing board meetings for

[30:43] 2024 to adjust the recommendation to have the January meeting date to Thursday, January 18th.

[30:52] Also item number 12, file 2023-0265, motorized mobility devices and petty cabs.

[30:59] And item number 15, file 2023-02700, resolution electing chairperson, vice chairperson,

[31:08] and Secretary of the Board of Court Commissioners for 2024.

[31:12] Staff recommends that the Board consider the following items

[31:16] to be continued to a future board meeting.

[31:19] Number one, file 2023-0282 resolution authorizing

[31:24] the sole source agreement, equipment purchase agreement

[31:28] and consults an agreement with Watson Marine.

[31:31] And file 17, file number 2023-0276

[31:37] engineering instruction resources.

[31:42] Okay, thank you.

[31:44] We'll not take the consent agenda.

[31:47] Oh, could we get a motion on the docket changes?

[31:50] Oh, I'm sorry.

[31:51] Yes.

[31:51] Could we please get a motion on the docket changes?

[32:01] We have a first by Commission on Hon.

[32:02] Second by Commissioner Malk and please vote.

[32:06] Motion passes unanimously with commissioners who had excused.

[32:10] Thank you.

[32:11] And now we will move to the consent agenda.

[32:16] We will take item eight separately because it's been adjusted with respect to the recommended

[32:21] January meeting date for 2024.

[32:25] Would any commissioners like to pull any other items from the consent agenda?

[32:28] No, Mr. Chairman, but I'd like to recuse from item number four.

[32:32] I own separate stock and so I've been recommended I recuse myself from that.

[32:38] So, we're going to take item eight first, but before we do so, is there any public comment on items?

[32:47] The consent agenda except for item eight?

[32:49] No, we do not.

[32:50] Okay, thank you.

[32:52] So, can I get a motion and a second on item eight on the consent agenda?

[32:57] Motion by Commissioner Daniel, more second by Commissioner Nauton.

[32:59] Please vote.

[33:01] Thank you.

[33:02] Motion passes unanimously.

[33:04] Cursures.

[33:05] Okay.

[33:05] Okay, Commissioner and Tassel would you like some now recuse yourself. I will recuse myself. I might have it before. Okay, I'm going to leave the dius. Oh, oops

[33:15] And that was that a mate. Right. Yeah, yeah, yeah, yeah, you're right. Yes

[33:18] Please, we're going to do the rest of the the balance.

[33:25] Do we have any public comment on the rest of the consent items? No. No,

[33:33] okay

[33:33] Right my bad item for this is just item for sorry

[33:37] Okay. Motion on item 4. Please vote.

[33:44] Motion passed unanimously with commissioner or task

[33:47] and recused and commissioners who cut excused. Okay.

[33:56] Commissioner or task and can now.

[34:00] Come back.

[34:20] Okay. Can I get a motion on the balance of the consent items in a second?

[34:27] So move please vote. Motion passed unanimously with commissioners who cut excused.

[34:46] Okay. We will now move onto the public hearing agenda.

[34:50] item 11, bending and expressive activity. Could we please have the staff report?

[35:27] Good afternoon, Chairman Kaseyonos, commissioners, acting CEO, Kniglio, and General Counsel Russell. I'm

[35:33] Larry Hofreiter, Director of Parks and Recreation, and I'm here today to present the district's

[35:39] vending and expressive activity ordinance, also known as poor code section 805. Last month, the staff

[35:47] reported that the February 2023 updates, the poor code section 805, was generally successful

[35:53] because it achieved the program's objectives.

[35:56] Namely, it increased economic development opportunities and reduced the adverse impacts

[36:01] associated with unpermated vending.

[36:04] Last month, staff recommended reducing the overall number of spaces from 77 spaces to 67

[36:10] based on findings from a field survey and an email survey.

[36:14] This included adding more spaces on the wooden deck near the midway and reducing the number

[36:20] of spaces behind C4 Village.

[36:23] Following public testimony, Elasmance meeting, the board directed staff to increase the

[36:27] vending permit cycle from six months to one year and to reduce the amount of time vending

[36:32] equipment can be left unattended from three hours to two hours.

[36:37] These changes are included in the proposed amendments before you today.

[36:40] At last once meeting, the Board also directed staff to develop a way of increasing the overall use in occupancy of the district's commercial vending spaces.

[36:51] In response, staff is recommending that port code section 805 be amended to authorize staff to revoke and or suspend a commercial vending permit for failing to meet the minimum use in occupancy standards that would be conditions of the permit.

[37:07] For the next permit cycle, scheduled to begin the first week in January 2024, staff recommends requiring all commercial vendors to spend a minimum of 5 hours a day and at least 16 days a month.

[37:22] Commercial vendors would be required to check in and check out of their commercial vending space using their mobile phone on days that they've been.

[37:29] If a commercial fails to meet, if a commercial vendor fails to meet these minimum use in

[37:35] occupancy standards, staff would provide them a written warning the first week of the

[37:39] following month.

[37:41] If they fail to meet the minimum standards a second time in any other month during the

[37:45] permit cycle, staff would be authorized to suspend or evoke their permit and assign the space

[37:51] to an alternate.

[37:53] Staff would work closely with any commercial vendor who didn't meet the minimum use in

[37:58] see if there were any unique or compelling circumstances affecting their ability to operate

[38:03] such as illness or vacation.

[38:06] Based on those discussions and on a case-by-case basis, staff would decide to issue another

[38:11] warning or temporarily suspend their permit or revoke their permit.

[38:16] Next slide, please.

[38:19] Thank you for your time today.

[38:20] That concludes staff's presentation.

[38:25] Thank you.

[38:26] I will now open the public hearing.

[38:31] Do we have any public comment?

[38:33] We do.

[38:34] We have Christiana Lopez.

[38:37] Oh, sorry.

[38:39] Christiana Lopez followed by Christine Pocencin.

[38:44] Pocencin.

[38:45] Sorry.

[38:46] Thank you.

[38:54] I'm a petty cab, but I sit also with the vendors as well.

[38:58] And I see them working just as hard as I do.

[39:01] And they have as much right to people who set up when they want and, you know, I feel like the others you have to pay their permits and pay everything should be done right.

[39:16] But if there is enough spaces for everybody, I mean, I invite you guys to see for yourselves that there is enough space in the boardwalk, not only for pedicad but for vendors and it can be allocated if done right.

[39:31] If, you know, looked at it from a viewpoint of vendors have to provide for the families,

[39:37] petty can't have to provide for the families.

[39:39] We don't have vacancies of multi-million corporation, like Uber, like Lyft.

[39:43] We don't have most of us, you know, our people of color, the people of where we have disadvantages,

[39:49] or we have to provide for our families in any way that we can.

[39:53] And the way that we do it is by being able to provide, say, a good, whether it be drawing.

[40:00] By my friend William or whether it's busking, magician friends or people are doing magic on the side.

[40:08] Everyone has the right to be able to not only express themselves in the way that they have the talent to do so, but also be able to provide for themselves and for the family.

[40:17] And I'll also speak on the Patecav on the other agenda when it comes up.

[40:22] But I feel that, you know, everyone has to do right to be able to do things right.

[40:28] And not only show that San Diego is great for tourism, great for providing good,

[40:36] like a show, a drum show on the side of the harbor, that many people enjoy, that many people like.

[40:43] And I see it, it's crucial, it's vital for the vibrancy of the city.

[40:50] That's okay.

[40:51] Thank you.

[40:53] Thank you.

[40:54] Thank you.

[40:54] I have Christine Polencia.

[40:56] Polencia.

[40:57] I'm so sorry.

[40:59] I've followed by a William Dorset with Time Seated by Pat Moran.

[41:10] It's a blessing.

[41:11] So first of all, I just want to say thank you so much for listening to us.

[41:15] Last time we were here, I am a vendor out there and I was there prior to the 2022 wild wild

[41:23] best, and it used to be paradise. A lot of the vendors that were there were amazing. Everybody was

[41:29] a community. We all got along wonderfully. We helped each other with smile when other vendors made money

[41:37] because we were there to boost each other up. In the real world, I would love to see that in the future.

[41:43] Secondly, I would like to say thank you so much to Larry Sophia and their staff for listening

[41:50] and helping and always taking meetings or not just me but several other vendors to try

[41:55] to make this the best for San Diego and most of all, I would like to thank Sophia because

[42:02] we know she's retiring and she has put in so many years of public service so I like to

[42:12] I was parks and wrecked before for several years.

[42:15] So I know that it is a public surface service.

[42:19] I've donated several hours of my time for years in my community.

[42:24] And she's always been, maybe not everybody would agree with what she had to say,

[42:30] but she's always been authentic, honest, and has so much integrity.

[42:35] So thank you, Sophia, so much for your time.

[42:37] We really do appreciate it.

[42:39] And that's all I got to say for today.

[42:41] except for, let's keep trying to improve this.

[42:44] I will keep trying to fight for better for everybody.

[42:47] It doesn't matter if it's blue or green.

[42:48] We all have bones at the end of the day.

[42:50] We're all the same type of people at the end of the day.

[42:53] So thank you.

[42:57] Very William Dorset with Time Seated by Pat Moran,

[43:01] followed by Gary Faud.

[43:05] We bring it up.

[43:06] All

[43:15] right.

[43:16] Thank you for allowing me to speak.

[43:20] I don't know how to put this in the words.

[43:22] I had a really good speech,

[43:23] but I don't have enough time to actually say it.

[43:25] I want to cut all the fat.

[43:29] I think everyone's looking at free speech

[43:31] and expressive activities in the wrong way

[43:33] because I keep hearing over and over people

[43:35] say that expressive activities is a lesser form of free speech.

[43:40] Yet before we can speak when we were cave people

[43:44] or nomads in the forest, we were drawing.

[43:49] We were making music on wooden drums.

[43:52] We were creating crafts to drink from into where and everything that we did before we can speak was creative in some form of fashion.

[44:04] It was expressive. Art and itself has been synonymous with religion and philosophy and science and the scientific method.

[44:15] You can take a painting, and you can drive someone to

[44:20] Extreme bliss, or you can send them the war with that same creative power

[44:24] You can create a message with poetry that would take someone to tears or bring them to intimacy

[44:31] You can take music and create a vibe that makes someone go from up here to down here and back up here within seconds

[44:41] all means of communication. Yet art and music and First Amendment rights are considered for some reason by various people in this group to be a secondary form of free speech.

[44:54] You're saying, hey, you've got to be in these spaces and it's got to be this way and you're saying that it's the...

[45:00] Most reasonable things that you know of. But I know different, because I've experienced this for almost two decades. I've experienced when you had a permit, and we were still allowed to pretty much set up for every one of you. I experienced 805 before the pandemic, where allowed to set up pretty much wherever we wanted to.

[45:20] There wasn't no heavy and handed enforcement.

[45:23] Look at Cambridge, Cambridge, Massachusetts.

[45:26] Their enforcement is made by groups of artists,

[45:30] and the violation line is 25 bucks.

[45:34] 25 bucks.

[45:35] You know, it doesn't scare people.

[45:38] It doesn't make them afraid and feel like you're

[45:41] trampling on their first amendment rights.

[45:44] It lets them know, hey, they're stepping over the line,

[45:47] But it's not something that's unattainable for them.

[45:51] A thousand dollars, like the ticket I got over the weekend,

[45:54] it's unattainable for someone like me.

[45:57] Like it's just ruining people like me's lives.

[46:00] And the way y'all are doing things in a city

[46:02] that is right now, one is on most expensive cities

[46:06] in the country, the live, to people who are the poorest people

[46:10] in the country.

[46:12] Just hurts, it stinks.

[46:14] It's like you're punching us in the face.

[46:16] You're punching us in the gut.

[46:17] And so when some of us act in a fight or flight means,

[46:21] it's because we're scared.

[46:24] We are being pushed back, we're being told,

[46:26] we can only do it this way or that way

[46:28] when we know how things work for us.

[46:31] We know where we work best.

[46:33] We know like I know 10 by 20 is what works best

[46:36] for mine's needs as far as an artist.

[46:39] I know some guitarists that by 10 is plenty.

[46:43] I know magicians didn't need 10x20 as well to be able to hurrow their crowds, you know, space

[46:51] and should be something that is, you know, depending on the needs of the individual, because

[46:57] that's what we are. We're individuals. We're not one complete entity. And I want you to consider

[47:04] that art and music and all these things have been something as part of our speech since before

[47:11] we can speak, and once you consider why is everybody treating it, it is a secondary thing

[47:16] in free speech.

[47:18] Thank you for your time.

[47:22] We have Gary Scott, followed by Armando Roman.

[47:32] Thank you for your time.

[47:35] I'm kind of curious here, I'm kind of a conundrum as far as classification of what I do.

[47:42] I do major bubble shows all over Southern California.

[47:46] I do a lot of major events for Southern California Edison, I do a lot of fundraisers for hospital

[47:54] and underprivileged children, radi-children's hospitals, do a lot of birthday parties, events

[48:00] all over Southern California, and when I do have some extra time, I'll come down to see

[48:05] for a village and just do demonstrations, okay, never do I charge anyone or expect any

[48:12] money whatsoever. I have, it's still my body. I have never been

[48:20] hassled or warned or anything by any of the authorities down here.

[48:26] When the court police walk up, they usually command me to say,

[48:30] great job, Gary. We love what you're doing down here for these kids.

[48:34] Okay? And then I'm hearing on the flip side that you need to permit for this.

[48:38] they're going to throw you into a blob of lava, a blob, so on a

[48:41] so forth and I'm just trying to figure out, you know, where do I

[48:45] classify here? Because I don't charge anybody in a money. Okay,

[48:49] nobody's writing on anything. Nobody's eating anything and it's just,

[48:54] you know, the kids they come up and they just love it. I mean, it's like,

[48:58] you know, and it's like one of the operas we were talking, you know, a couple

[49:01] weeks ago and it goes, you know what? You have no idea what these kids are going

[49:07] through right now. They have a bad day, a bad week, a bad month, or things bad at home,

[49:13] school, whatever. And this level to play the playing field for them, they come down here,

[49:18] they forget about all their troubles for 15 or 20 minutes, have a ball, level the playing field

[49:24] with all the rest of the kids, and it's all good. And I'm just trying to figure out,

[49:34] you know,

[49:34] what is that? Because nobody's walking away with anything but good memories, you know? So is

[49:42] there anyone here that could classify me? Okay great, thank you. Well that's just it, you know,

[49:51] I appreciate your time. Thank you. Thank you. Amanda Roman followed by sharing cloud.

[50:00] We have sharing cloud, followed by Michelle McFadden.

[50:10] Good afternoon, Chair Costanos, commissioners, General Council, Russell, and Board Acting, President, Randa Coniglio.

[50:18] I just wanted to thank staff. This all these ordinances we've gone through this year, it takes a lot of resources, a lot of resources.

[50:27] And I'm happy to see that some of the people complimenting what the port staff has done.

[50:32] But I will tell you, Sophie Bardo, she does hit it out of the park and wanted to personally thank her in front of everybody because I don't know that she'll be leaving.

[50:41] But I'm Larry and your team have done a great job, and I just want to thank you very much.

[50:47] The of Miss Michelle McFadden followed by Don Newton.

[51:03] So I completely agree with all the changes that you guys are putting on the board.

[51:09] I do want to thank Larry, Sophie, and your guys' team for doing a great job on the

[51:13] port so far and continuing to work with us.

[51:16] I do want to express a couple concerns.

[51:19] This weekend, a lot was going on for me, and I did get there a little bit late, and there

[51:25] a point where not only were there commercial vendors that weren't supposed to be in our spots,

[51:31] really have like five-six spots on the board.

[51:33] One group that is after me and a couple of friends took three of those spots, early early

[51:40] in the morning.

[51:41] We're talking like I've thought of more.

[51:43] So that a quality coast person to become, I tried calling Sophie, I tried calling Larry, no

[51:47] one's answering, I informed Larry about what's going on, I talked to one of the quality

[51:52] because people there, they said they're not coming,

[51:54] so they're like, hey, can I post up?

[51:58] Um, empty spot, first amendment artists,

[52:00] still got on trouble for being there,

[52:02] still got kicked out, specifically called the

[52:05] Farber Police early in the morning,

[52:06] you're like, hey, they spend a lot of speed here,

[52:08] can you remove them?

[52:09] And then when they finally came five hours later,

[52:12] instead of removing them,

[52:14] they attacked the first amendment artist.

[52:17] And I don't see that as fair whatsoever.

[52:19] If you guys want to enforce, enforce the right people because I've been very much in compliance with everything, I've been very respectful with everything and I don't and just like it used to be

[52:49] So if you guys are going to enforce just enforce who actually needs to be enforced, and if you see that we're trying to comply it work with us a little bit.

[52:59] That's it. Thank you guys. Have a good day.

[53:02] And we have Dawn Newton.

[53:14] Thank you for having me here. My name is Dawn Newton. I'm a current vendor down at the port.

[53:19] I just wanted to thank you guys for allowing me the opportunity.

[53:22] I wanted to thank Larry and Sophia as well.

[53:26] I, and down here today, I, here for the court section 8.05,

[53:36] and I have a lot of,

[53:42] I don't think that the way this has been put together and the information that was used to make these decisions, I just have a lot of questions about it.

[53:53] And beyond that, I will decline my right to speak any further, but I do think you guys need

[54:00] to take a hard look at what's being put forth there.

[54:04] And like I said, I won't speak any further, but before you make your decisions, make sure

[54:11] that your facts are correct.

[54:13] Thank you very much.

[54:15] Thank you.

[54:15] That concludes public comment.

[54:17] Okay, thank you.

[54:18] And I'll close the public hearing and move on to Commissioner questions and comments.

[54:29] Commissioner Moore.

[54:32] Thank you.

[54:32] My screen just did something here.

[54:36] First of all, I wanted to thank Larry and your team for an excellent job.

[54:41] I also wanted to thank the public for coming to the meetings and providing all your opinions

[54:48] and thoughts.

[54:49] It really does help the end of the day to make the product better.

[54:52] Maybe not perfect but definitely better and I'm looking forward to us to continually sort of evolving

[55:00] The ordinance to make it even better from what it is today.

[55:04] I also just wanted to give a quick shout out to thank Mr. McFarlane for apologizing.

[55:11] I said you're name correctly. I'm sorry, there's that.

[55:15] I just wanted to thank you for your apology. It takes a big person to apologize.

[55:20] And there's just not enough people in this nowadays that can actually do that.

[55:25] So, I just wanted to do a shout out to you and to thank you for that.

[55:30] Thank you.

[55:32] Thank you.

[55:33] Thank you, Commissioner.

[55:33] Thank you, Mr. Chairman.

[55:37] This has been a long time coming.

[55:39] And, you know, there was a speaker that spoke earlier about.

[55:44] We shouldn't allow the vendors and also the petty cabs just operate freely because that's the source of income.

[55:54] And I completely understand it, but the fact of the matter is, is that, on both of those

[56:00] cases, this body has to act as the regulator that regulates it because there's a lot of

[56:06] other interested parties that use those public spaces that we have to be respectful for

[56:14] and hopefully not impacting on it.

[56:17] So I've been supportive of this vending and expressive activity ordinance that's been coming

[56:21] that's coming before us, I took note of the comment made by Mr. Newton just recently, right now.

[56:30] And if there are facts there that we have in accurately, I want to know about them.

[56:35] And I know staff wants to know about them and we want to correct them.

[56:40] We've put together this staff report based upon what we think is all the accurate information,

[56:45] but if there's something that's wrong there, I want to correct it.

[56:49] Thank you, Mr. Chairman.

[56:50] Thank you, Commissioner Malcolm.

[56:53] Thank you, Chair.

[56:54] I just want to thank our staff first for a lot of hard work here.

[57:00] As Sharon Cloudward said, bringing new ordinance in front of the board takes a lot of work,

[57:05] a lot of data, and you guys have done that over the past year.

[57:09] I also want to thank everyone that's spoke, foreign against, we value all your opinions

[57:14] and as Commissioner Moore said, that really helps us to make an informed decision.

[57:19] There is no perfect ordinance.

[57:22] Commissioner Caston's right though, we do have a compelling interest to regulate this space,

[57:28] so we do need to put an ordinance in place, but it does not mean, if the end of the day,

[57:34] that these are the rules that will stay in place forever.

[57:37] We will continue to evaluate how it works.

[57:40] For example, we heard you last month when you told us that six months wasn't enough time for a commercial

[57:47] vending permit and we increased that to one year.

[57:51] We listened to you and we responded to that.

[57:55] Doing an ordinance today doesn't mean that our staff and us stop listening.

[58:00] We will continue to evaluate how the ordinance is working.

[58:04] We do want to have expressive activity and vendors on our tidalance, that actually does bring people down and it does activate tidalance, so it's something that we want.

[58:15] We just need to do it in a regulated, safe way for the public.

[58:19] But I want to thank you all for coming here today and expressing your opinions.

[58:25] Thank you, Commissioner Malcolm.

[58:26] Any other commissioners who would like to comment or have any questions?

[58:31] Commissioner Daniel Moore?

[58:33] I'd like to echo the sentiments of the other commissioners and thank you all for all of

[58:38] your hard work.

[58:39] This is, you know, span over a year with you all, work entirely to gather information, to meet

[58:46] with stakeholders.

[58:47] I was really impressed with your report, talking about, you know, all of the data that you

[58:52] have considered, all of the people that you've met with.

[58:55] So thank you for all of the hard work.

[58:57] In fact, I remember the first time U.S. came for us, I guess your field study was just somebody

[59:02] from your team going out, and this time, there was detailed data about who went out, the

[59:08] hours that they went out, the data that they collected, and so that's just one example

[59:12] of how hard you guys have worked, and how responsive you've been, not only to the commissioners,

[59:17] but to the broader community.

[59:19] I'd like to, for you guys to come back even after this year, seeing that we've been with, you

[59:25] who have had the permits for longer to see how that process is working.

[59:29] I'd also like to see, I think it's a fair exchange for the public to be able to utilize

[59:35] public spaces for such a long period to be gathering more data about the nature of their

[59:41] business, whether there were invilations to come back with that and I think that's a reasonable

[59:46] exchange for them to have it for them to be required to kind of fill out some type of survey

[59:52] and provide us with information and also to aggregate that within the information that we have.

[1:00:00] You know, based on them being there. I think we talked before Larry and you had talked about how now they'll have it for a year and when they go into the lottery, they can also get it another year.

[1:00:12] Given the number of applicants and the limited number of spaces that we have, there's something that feels uncomfortable to me about that and I think it's more fair for it to be allocated across, or give opportunities to those who may not have had an opportunity to get a permit.

[1:00:28] And so, you know, I leave it to you all to figure out what works best, but that does seem

[1:00:35] fair to me that if they've had an opportunity that someone else should get an opportunity,

[1:00:39] who has them before.

[1:00:40] And I remember one of the comments that we received from the community was about the importance

[1:00:45] of food vendors.

[1:00:46] And so, in terms of collecting that data, I'd like to see, you know, that information as well

[1:00:52] about their business.

[1:00:53] But again, thank you.

[1:00:54] Thank you for being responsive.

[1:00:55] and thank you to the community for coming out and sharing your thoughts about, you know,

[1:01:00] good or bad about your agreement with it or with not. I've been pleasantly surprised that

[1:01:06] overwhelmingly the response has been positive, even from some of the tenants about some of the

[1:01:12] changes that have been put in place in the security and safety that they feel around their businesses.

[1:01:20] Sorry, one other data point would be for the tenants if there are concerns that people who share

[1:01:24] their business were also present and there was a sense of competition, and maybe there's

[1:01:29] a way we can spread it out so that that's not equally as felt.

[1:01:35] Thank you.

[1:01:36] Thank you, Commissioner Moore.

[1:01:39] I would just like to echo everything that my colleagues have said.

[1:01:41] Thank you to the members of the public for your comments.

[1:01:46] I know everybody has been working really hard together for a really long time.

[1:01:51] I think it says a lot about the organization that there's been such an iterative process.

[1:01:56] Listening to the stakeholders coming back, reporting, making changes, the commission directing

[1:02:04] based on what we're hearing and continuing to develop the ordinance in a way that hopefully satisfies

[1:02:12] everyone as much as possible. So I want to thank you for that.

[1:02:16] I think we're ready to vote.

[1:02:19] We have to take these items separately A and B.

[1:02:23] Can I please get a motion on item A adopting the resolution?

[1:02:30] Moved and seconded.

[1:02:32] Please vote.

[1:02:34] Motion passed unanimously with commissioners.

[1:02:36] It can't excuse.

[1:02:37] Okay.

[1:02:38] And now if I can get a motion on item B,

[1:02:43] could you put B up there, please?

[1:03:04] This is adoption of the ordinance.

[1:03:05] Can I get a first in a second?

[1:03:11] So moved, please vote?

[1:03:14] Motion passed unanimously.

[1:03:16] This commissioner has a cut excuse.

[1:03:18] Great, thank you.

[1:03:20] We'll now move on to the next item,

[1:03:23] motorized mobility devices, and petty caps.

[1:03:56] Good afternoon.

[1:03:57] Good afternoon, Chairman Costiano's commissioners,

[1:03:59] acting president, Daneglio, and General Council Russell.

[1:04:03] I am Ken Wallace, director of guest experiences,

[1:04:06] and joined today by Parking Department Manager Christine Loud,

[1:04:11] Harbor Police Captain Jonathan George,

[1:04:13] and Senior Deputy General Counsel John Carter.

[1:04:16] We are here today with recommendations for an overall

[1:04:20] Petticab Operator Program and Mobility Regulation.

[1:04:25] Due to the increased presence of motorized mobility devices,

[1:04:29] inclusive of Petticabs,

[1:04:32] staff is developed and overall planned,

[1:04:34] focused on improving the guest experience and protecting public safety.

[1:04:40] The Peticap Operator Program forms a partnership between the Port District,

[1:04:45] our tenants, stakeholders, and Peticap operators to serve our guests safely and effectively.

[1:04:51] I will now turn the presentation over to Christine Love.

[1:05:02] Good afternoon. I am Christine Love department manager for guest experiences parking. Our agenda today will include a review of the board direction from the July board meeting, a summary of our outreach efforts and I will review goals for the program, monitoring and enforcement plans and then implementation timeline and costs.

[1:05:24] Next slide.

[1:05:27] The board has given feedback over two board meetings, which staff has organized into three

[1:05:33] goals, protect public safety, develop designated routes for petal-only peticabs, and support

[1:05:41] responsible operators.

[1:05:43] Next slide.

[1:05:47] And the result is the proposed peticab operator program before you today.

[1:05:51] This unique approach is multifaceted and includes three main elements.

[1:05:57] New regulations for all motorized mobility devices and petty cabs.

[1:06:02] One year operating agreements with petty cab owners and independent petty cabs

[1:06:07] and a monitoring and enforcement approach that includes input from the public

[1:06:12] administrative support and harbor police enforcement.

[1:06:17] Next slide.

[1:06:17] Staff has conducted a robust public, tenant, and petty cab operator outreach effort over the last seven months.

[1:06:27] We have held seven stakeholder outreach meetings with a total of 77 participants attending.

[1:06:33] Additionally, staff has received 46 letters and emails from the public, which are attached to the agenda.

[1:06:40] The main issues from the public and tenants are pedestrian safety around motorized petty

[1:06:46] calves and other mobility devices, loud music from petty calves and customer complaints regarding

[1:06:53] confusing and excessive rates, and access to and from businesses that are often blocked

[1:06:59] by petty calves.

[1:07:00] The main issues conveyed by the petty cab operators are a desire for continued operation

[1:07:06] of motorized petticabs on promenades and sidewalks, a desire for more policing for the bad

[1:07:14] actors, and the addition of a new petticab fee to operate on Port-Tilence since they are

[1:07:21] ready pay fees to the city.

[1:07:24] Next slide.

[1:07:26] Goal number one is protecting pedestrian safety and offering a good guest experience

[1:07:31] by restricting all motorized devices to only operate on streets, roadways, driveways, and

[1:07:38] bike lanes.

[1:07:39] This is a common practice in many municipalities.

[1:07:43] And while the conversation today is mostly regarding pedigabs, as a reminder, that proposed

[1:07:49] changes to the ordinance do include all motorized mobility devices.

[1:07:54] As discussed in the two previous board meetings, exceptions will be made for ADA mobility

[1:07:59] devices for those with mobility, disabilities, and segway tours as described in the agenda.

[1:08:07] Next slide.

[1:08:08] Goal number two was to develop designated routes for petty cabs to operate while maintaining

[1:08:12] public safety.

[1:08:14] Stap utilized consultant Steve Cook from intersecting metrics to assist in developing the

[1:08:20] routes, which included consideration for sustained promenade with, generally, 12 feet,

[1:08:26] or more areas that do not have high pedestrian density, as well as locations that do not disrupt business entry and exit points.

[1:08:36] Designated routes for motorized devices were developed as well by utilizing non-side walk areas such as streets, bike lanes, and parking lot drive aisles.

[1:08:46] The detailed maps are included in the agenda and have been shared with stakeholders tenants, petty cab operators, and the public during the recent stakeholder outreach meetings.

[1:08:56] It is important to note that a path of travel does exist for both motorized and

[1:09:01] pedal-only petticabs to operate from the crescent area to the Bayfront Barrage.

[1:09:06] Next slide.

[1:09:08] To illustrate the development of the routes on the next two slides we will zoom into

[1:09:13] specific areas to show examples.

[1:09:16] This slide shows the area of the promenade from south of portside pier down to Broadway.

[1:09:22] Due to high pedestrian density, as well as vending and cruise operations, no petticabs can

[1:09:28] operate along the promenade in this area until just south of B. Street Pier. However, they

[1:09:33] can operate on Harbor Drive as shown in the purple area with the bike share rows on the

[1:09:39] street, as well as inside the dry vials of the parking area parallel to the promenade. The green

[1:09:45] line, allowing pedal-only petticabs, then starts at the south side of B. Street Pier and continues

[1:09:52] southbound. Next slide. This example shows the area of the Greatest Generation Park.

[1:10:00] Down to the area passed to an harbor. This shows where there are two parallel pathways and the green line designates that the petal only peticabs can travel on the inner sidewalk. The red is where there is greater pedestrian density as well as vendor booths and a wooden deck area adjacent to the waterfront. Purple indicates where all peticabs could operate. Next slide.

[1:10:23] Gold number three is to support responsible operators.

[1:10:28] A key component of this program is to establish petty cab operating agreements with the petty cab owners and independent petty cabs.

[1:10:36] It will include the requirements that a short-term petty cab offering agreement must be in place to operate on port property.

[1:10:45] To be considered for an agreement the applicant must have a current city of San Diego petty cab decal and permit to operate.

[1:10:53] Plus insurance and the requirement to abide by the district's petty cab code of conduct.

[1:10:59] In addition, the petty cab owners and independence will be responsible for managing their petty cab operators' behavior to remain in good standing.

[1:11:08] This will include posting the customer bill of rights which protects the customer and the petty cab operator.

[1:11:15] Posting a fairer per person and all other fairs offered in a visible location on the outside and inside of the petty cab.

[1:11:24] As noted in the agenda, fairs can range from $5 to $15 for petal-only rides and $10 to $100 for motorized petty cab rides, which is per person per ride or tour.

[1:11:38] Each individual operator determines the fairest they charge for rides.

[1:11:44] And no amplification of sound or music from any petty cab operating on the water frame.

[1:11:52] Next slide.

[1:11:54] Another key aspect of the overall program will be the use of placard decals to identify petty cabs that are authorized to operate on tidelines.

[1:12:02] The plan is to display one large placard prominently on the back of the petty cab and two smaller placards on the sides.

[1:12:10] These placard decals will include the port logo and be visible from a distance.

[1:12:16] The placard decals will have a phone number, email address, website, text code, and QR code, which can be used by the public to report issues.

[1:12:26] There will be two different colors for the placard decals to distinguish between petal-only petty cabs,

[1:12:31] which will be green and yellow for motorized petty caps.

[1:12:36] The images on the screen are mock-ups.

[1:12:39] Staff will continue to refine these in advance of launching,

[1:12:43] ensuring they are large enough for the public to easily see.

[1:12:47] Next slide.

[1:12:49] The top of the chart shows the current city of San Diego fees for petty cab decals,

[1:12:54] city permit and license paid by petty cab companies and operators annual totaling $926.

[1:13:01] dollars. For the Ports Peticab program, staff is estimating year one costs to be $183,000.

[1:13:09] To recapture 100% of these costs, the Port would need to charge $731 per Peticab.

[1:13:16] Other options are shown here ranging from 100% down to 25% of total costs.

[1:13:23] Due to the estimated costs, including some startup consulting,

[1:13:27] signage and IT costs, as well as the desire to encourage entrepreneurship in this space.

[1:13:34] Staff is recommending keeping the cost low at $183 for Petticab, which would allow the

[1:13:40] port to recapture 25% of our year 1 startup costs.

[1:13:46] A $183 plus the city fees of $926 over $1100 a fees would be charged in total Petticab between

[1:13:56] the port and the city.

[1:13:58] Staff will reevaluate and review costs annually and report back to the board.

[1:14:04] Next slide.

[1:14:05] The monitoring and enforcement of the ordinance and program will depend on multiple inputs.

[1:14:11] The public will report observed violations with pictures, videos, and pedicab identification

[1:14:16] information.

[1:14:18] And the administrative staff will track citations and reported violations.

[1:14:22] In some cases, court staff may issue administrative penalties to petty cab owners for their operators behavior.

[1:14:30] Court staff will also meet quarterly with the petty cab owners to review the status of any complaints and operator behavior issues.

[1:14:37] In the event that petty cab behavior has reached unsatisfactory levels, a formal warning letter will be issued before an agreement would be terminated.

[1:14:46] and harbour police will educate, warn, and issue citations for observed behaviors that violate the ordinance or any other laws or regulations.

[1:14:57] The key incentive for proper behavior.

[1:15:00] In this overall enforcement approach, is the petty cab's owners ability to maintain an operating agreement.

[1:15:07] Next slide. The timeline shown here takes into account the several steps needed from now through February of 2024.

[1:15:16] The ordinance will be effective 30 days after approval and an education period will start. Signs will be ordered and installed and monitoring reporting will commence.

[1:15:26] Staff will work with petty cab owners on their applications and verify with the City of San Diego that their renewal or new city decals have been issued.

[1:15:36] In February, the operating agreements will be executed and enforcement of the agreement terms will commence.

[1:15:42] Staff will return after one year of operations with an overall report on the program.

[1:15:47] next slide. Based on the plans presented today regarding motorized mobility devices and the

[1:15:54] Petticab program, staff recommends the board adopt the new ordinance and direct staff to implement

[1:16:00] the proposed Petticab Operator Program. This concludes the presentation and staff will be available

[1:16:06] for any questions you may have. Thank you. Thank you very much. We will now open the public hearing.

[1:16:15] Do we have any public comment?

[1:16:18] We do. Thank you. We will play one voice mail followed by 18 in person speakers.

[1:16:27] Well, here comes like you just want to throw us out into the street when there's no real reason for it.

[1:16:32] You guys are worried that pedestrian might get bumped by a petty cab.

[1:16:35] Maybe get a bruise on their toe.

[1:16:38] What's going to happen when the car hits a petty cab?

[1:16:40] Especially when there's customers.

[1:16:42] Definitely going to be worse though.

[1:16:43] lose on the toe. All you need to do is get rid of the motors on the harbor. That along

[1:16:48] with the extra fees you say you want to charge us is going to thin out the herd a little.

[1:16:52] It's not all we'll be willing to pay that as well as lose their motors. Those left wall

[1:16:57] be traveling at a much slower and safer speed. There won't be any need to tell us where we can

[1:17:03] and can't go. Where are you guys? Where are you guys when the motors were banned at 6-7

[1:17:08] years ago? Things were good for a while until COVID happened. The motors were brought back

[1:17:13] everyone came back from COVID a few years ago. There are only two of us out there that pedal

[1:17:18] without a motor. There's a reason why you never hear about us because we're the safest ones

[1:17:24] out there. Just get rid of the motors and see how well that works before you do anything else

[1:17:29] to us.

[1:17:35] Now we have Nicole, well, Chris, while we're at Rinski, I'm so sorry.

[1:17:42] Michael Vachins.

[1:17:43] And followed by Ryan.

[1:17:44] Good afternoon.

[1:17:46] Thank you for letting me speak right here.

[1:17:47] My name is Michael Vachinsky.

[1:17:49] I own the Pettica Fleet Pettica Alnimo, which is 2026 Petticafs, and with the new ordinance

[1:17:57] coming in, I basically going to be buying $19731, $19,000 with the next 23 months I'm going

[1:18:05] to bring it to you guys.

[1:18:07] I don't know when I'm going to get that money, but I mean, I have to get a loan or something

[1:18:10] you know, to provide with the business, you know,

[1:18:14] which is ridiculous because their vendors,

[1:18:16] the vendors pay $40 a year.

[1:18:18] They have their own designated spot for a whole year,

[1:18:21] I guess right now, and it's on their name.

[1:18:25] We're not gonna have a spot for our name with the pedicup.

[1:18:28] We're not gonna be able to hold for 24 hours.

[1:18:31] If I leave, I won't be able to come back to the spot

[1:18:33] if somebody else takes.

[1:18:35] So I think that's an offer.

[1:18:37] And the other issue is you're telling us to breach the independent contract agreement to tell, you know, the drivers, what to do and the frame, which is, that's, you know, breaching basically the contract.

[1:18:50] And the first thing is the exclusion of the segway tours, you know, the pedicab business is primarily is a rental business to, we rent the pedicab to the drivers, and that's how, and they do the tours, you know, so the same like segway is basically, you know.

[1:19:04] So, and they excluded, you know, which is I understand why, because I remember specifically on the first meeting, we had the board member, Mr. Castellanos, he expressed that this is not fair and that should be not excluded.

[1:19:22] I remember that specifically on the first meeting. And all those three things, you know, come to kind of going to be out of the business, you know, and find with the big fines,

[1:19:33] which is beginning kicked out the harbor and we have to pay on top of it.

[1:19:37] I'd like to agree with that.

[1:19:38] Thank you for letting me speak.

[1:19:40] Thank you.

[1:19:41] We have Ryan Garin followed by Jason Goodman.

[1:19:45] Hey, how are you all doing?

[1:19:46] I've actually been in the pedicab in history since 1998 about two months after pedicab first came

[1:19:52] in, still involved with the industry.

[1:19:54] Today, I'm talking about the blessings of all the major fleet owners.

[1:19:57] We won't bother listening to them due to time.

[1:19:59] Bye.

[1:20:00] By recording with them, we all agree. One major objection here, and I think we're getting to this

[1:20:04] agreement, Michael talked about a little bit, pedicap operators agreement, okay? That all disciplinary

[1:20:11] actions, all that you're a browser on an operator. Now, it's unlawful for a person who grants

[1:20:17] equipment to an independent contractor to have behavioral control of them, okay? And independent

[1:20:22] contractor is defined by the type of relationship they get very rent equipment, the behavioral

[1:20:28] control, we cannot tell them what to do, okay? It is illegal. And of course financial control,

[1:20:35] we cannot tell them what to charge. Any of these items classifies them as an employee and

[1:20:44] misrepresentation of independent contractor as an employee, actually we can get to find anywhere

[1:20:49] between $5 to $15,000 for each violation on individual basis, or if it's found to be a pattern

[1:20:56] 10,000 to 25,000 dollars.

[1:20:59] So we do agree that there should be a accountability for the driver's actions.

[1:21:05] We have all this new technology that is supposed to make possible to report issues on drivers,

[1:21:12] right?

[1:21:13] Not the fleet owner.

[1:21:14] If you run an ice cream truck to somebody, you can't tell that ice cream vendor how

[1:21:19] to sell their ice cream, okay?

[1:21:20] So by having us directly responsible or the fleet owners,

[1:21:24] it's recognizable for controlling drivers behavior,

[1:21:28] that is unlawful.

[1:21:29] There's an ABC unlawful note there, okay?

[1:21:33] Sure, make the driver's permanent.

[1:21:35] Sure, make them be liable for their actions.

[1:21:37] Make the driver's liable for their actions.

[1:21:39] Make all this technology work for one driver.

[1:21:42] Not to mention if a single driver of a fleet has an issue

[1:21:45] or they bad apple, and I'll wrap it up, I'm sorry.

[1:21:48] Is there a problem at all?

[1:21:49] have in somebody else in that same fleet be affected by the One-Grior's action isn't fair if there's a good apple and a bad apple on the same fleet

[1:21:58] and one guy doesn't have any wrong some meals renting a bike. Thank you. All of a sudden doesn't have a job. Thank you.

[1:22:05] We have Jason Goodman followed by Ian Saliba.

[1:22:11] Hello, name Jason Goodman, work for the Grand High at San Diego. I've observed many times that the petty calves come on to our property

[1:22:20] in going in the in correct direction. As I was leaving my property, there was a petty cab

[1:22:26] at the bottom of the corner of the market and harbour drive coming into our property.

[1:22:32] Stopping right at our drive at the very bottom of it with two guests inside of it in the

[1:22:37] roadway blocking traffic coming into our property. Let him know, hey, please get on to the drive.

[1:22:43] He did not get on to the drive.

[1:22:45] He said, quit bothering me.

[1:22:48] He then continued to take a picture of the guest

[1:22:52] in the petty cab with a car coming on to the drive

[1:22:55] and not worrying about what the car was doing.

[1:22:57] So safety is kind of paramount with that multiple times.

[1:23:01] I've had a guest tell me that they've

[1:23:05] been charged hundreds of dollars or 90 to $70 coming in

[1:23:10] the Convention Center from little Italy, so it's a very expensive charge and not being

[1:23:16] upfront with the cost of what they're going to be charged. They point out what the sign is,

[1:23:21] the sign is not very well shown. I've saw also another petty cab who showed where his sign was,

[1:23:30] where the pricing was, he then as he left the petty cab after he got paid, moved that sign back

[1:23:38] to where it wasn't visible.

[1:23:39] So there are multiple times where I've observed the petty cabs

[1:23:44] not being upfront with their pricing.

[1:23:46] They also said that they are upfront with their pricing.

[1:23:49] And then we still have gotten multiple guests getting

[1:23:51] charged $90 per person or $30 per person

[1:23:56] for the amount of the ride that they've been charged

[1:23:59] and that safety wise as well with just

[1:24:03] writing super fast across our driveway along Harvard Drive.

[1:24:08] Thank you very much.

[1:24:11] Ian Sleva followed by Todd Condon.

[1:24:21] Hello, I'm the nighttime manager for the Manchester

[1:24:24] Grand Hyatt here in San Diego.

[1:24:27] Again, I just appreciate the work that

[1:24:29] is being put forth with the goals 1, 2, and 3,

[1:24:32] and the agenda that's being put out.

[1:24:34] I think this will address a lot of the issues

[1:24:36] that we discover on our property as far as traffic infractions. Do agree with this gentleman

[1:24:44] here that these drivers should be held accountable and hopefully that this ordinance that

[1:24:50] is going to be put in place will hold drivers accountable and then so on and so forth

[1:24:54] with accountability from the owners to the drivers and what forth. Just in addition to that

[1:25:00] That's all it's being asked is a respect and a regulation of the petty cabs. Expectations to be set so that we know how to enforce our private laws and work together with the local police department and to have citations written out or have infractions made as far as reporting certain drivers to have a record on there.

[1:25:30] on their vehicles going to be very helpful.

[1:25:34] Yes, again, I'll just reiterate just the different traffic

[1:25:38] infractions, the as far as like directions, parking,

[1:25:44] blocking traffic, it's all being addressed.

[1:25:47] It looks like on your goals that are being set forth here

[1:25:50] in the next six months.

[1:25:51] And hopefully we can put some action to that.

[1:25:54] And so that we can all just hold each other accountable

[1:25:56] and hold the drivers and the petty calves accountable

[1:25:58] for actions that are being taken.

[1:26:02] Again, appreciate the work that's being done by the board and the board of the

[1:26:07] 40 and be in support of anything where we can't work together with petty cabs and our

[1:26:13] private businesses to provide business and to provide an income for those that are doing their

[1:26:21] own job and finding their own companies.

[1:26:24] Thank you.

[1:26:25] We have Todd Kondin, followed by Maria Polayo.

[1:26:37] Good afternoon board of board of commissioners.

[1:26:40] My name is Todd Kondin, I'm a director of security and safety at the Manchester Grand High at San Diego.

[1:26:47] Welcome, glad to be here today and I fully support the program that was presented to us earlier.

[1:26:54] I think it provides a great balance of supporting public safety

[1:26:58] yet recognizing responsible operators in the field.

[1:27:04] During my two months at being at the San Diego Manchester

[1:27:08] and observing some of the Petticab activity along the sidewalk,

[1:27:12] several occasions where I've observed you have a Petticab

[1:27:16] that's anywhere from four to five feet in width

[1:27:20] about 180 pounds without anybody on it,

[1:27:23] operating with an electric motor,

[1:27:25] traveling sometimes 20 miles an hour.

[1:27:28] We have visitors from the convention center

[1:27:31] going from there to the area to the Manchester Grand

[1:27:35] Highett, traveling in groups of 40 to 50.

[1:27:39] Here comes a Petty Cab, two Petty Cab,

[1:27:41] three Kit Petty Cabs on the side wall.

[1:27:44] What are those pedestrians go?

[1:27:46] They walk in a planner boxes.

[1:27:47] They step out onto the street.

[1:27:49] The sidewalk isn't made for the petty camps to travel, it's made for the pedestrians that

[1:27:55] make use of the sidewalk area traveling from those hotels along the port businesses to

[1:28:03] the convention center.

[1:28:05] It presents a significant hazard for public safety that needs to be addressed.

[1:28:12] The sidewalk cannot accommodate both pedestrians and the petty camps.

[1:28:18] Several occasions, we've seen them transitioning from space from the public sidewalk to the hotel driveway.

[1:28:24] The operate one in the opposite direction of traffic.

[1:28:28] When addressed, some are respectful.

[1:28:31] Others continue on their way, come back and do the same thing again.

[1:28:35] Transitioning onto the public sidewalks, onto private property.

[1:28:40] It impacts our guests and manages the property with the risk.

[1:28:44] Thank you, appreciate your attention.

[1:28:47] Maria Palayo, followed by Marshall Anderson?

[1:28:55] Hi, good afternoon.

[1:28:57] My name is Maria Palayo, Director of Rooms at Grand High at San Diego.

[1:29:00] I am here today on behalf of our hotel and our tenants along the port.

[1:29:04] To show and speak our support to the restrictions for petty caps.

[1:29:08] As an operator, safety is of utmost importance.

[1:29:11] We cannot welcome guests around the world if we cannot promise safety and will be.

[1:29:17] Earlier this year, during the summer,

[1:29:19] I personally witnessed an instance in which a motorized vehicle drove on to the sidewalk.

[1:29:26] The speed in which he was driving was not only inappropriate, but it was also unsafe.

[1:29:31] Around the corner, right-word, brute-thirty is located on Ketner.

[1:29:35] There was a mother with her child who were driving on the sidewalk.

[1:29:39] If the mother had not pulled her young child towards her, the petty kev would have hit him.

[1:29:45] And then we would have witnessed an awful accident.

[1:29:47] This is just one of the examples that we have to witness on a daily basis.

[1:29:51] Now as operators, it is our responsibility to manage this.

[1:29:55] But is this type of erratic behavior that needs to be restricted?

[1:29:59] Thank you.

[1:30:00] Commercial Anderson followed by Lisa Quarkus.

[1:30:08] Thank you, commissioners. My name is Marshall Anderson. Today I'm speaking on behalf of the San Diego County

[1:30:14] lodging association. As many of you know, the lodging association is overseas the regional lodging

[1:30:22] and hospitality industry, which is responsible for thousands of local jobs and generates billions

[1:30:28] of dollars and economic activity throughout the region. On behalf of the Association, we would

[1:30:34] first like to thank staff for their work in bringing this item before you and ask for your

[1:30:40] full support. As our members here today have told you, high speed, motorized vehicles in pedestrian

[1:30:48] corridors present a tremendous threat to public safety. This common sense proposal before you

[1:30:55] will help foster valid transportation options for residents and visitors alike, while preserving

[1:31:03] the safety of pedestrians. Additionally, we would like to thank staff for addressing several

[1:31:10] industry-specific concerns within the code of conduct, namely around amplified noise and the

[1:31:23] and played throughout the day and night that impacts the guest experience, it disrupts conferences

[1:31:30] and events and impedes one's ability to sleep.

[1:31:35] For these reasons and those outlined in our October 9th submission, we urge your full

[1:31:40] support today, and thank you for the time.

[1:31:45] Lisa Crocuses followed by Donna Chang.

[1:32:01] Thank you, everybody.

[1:32:05] I am a dedicated driver.

[1:32:08] We are not transportation and green energy.

[1:32:15] We are entertainment.

[1:32:17] We introduce Sandiugat to tourists and show them around.

[1:32:21] We contribute Sandiugat region.

[1:32:25] All the cabs, all the Uber drivers or all the Lyft drivers

[1:32:30] going to shan, going to Hayat, going to Meriat, is very crowded, very more traffic. They

[1:32:37] are locked, but we are green energy, we are not going there. I drop off the people, not in front

[1:32:48] of the Hayat, not in front of the Meriat. Why? Where driver is going there? Lyft driver is going there.

[1:32:57] A lot of Kebs is waiting in front of the, you see the traffic, more traffic, maybe three lines,

[1:33:04] Hayat and Meriad, Pacific Highway, waiting a lot of Kebs, like that, waiting there.

[1:33:14] We are environment, we are green energy, we have the people,

[1:33:23] but we are not waiting there,

[1:33:24] We are not waiting area pedicures, but we get the permit from the city, but we are now

[1:33:36] in the spot area, how can I work, how can I drive city, give me the permit, but I cannot

[1:33:46] weighting, I cannot parking hotoss area,

[1:33:51] Hilton, Merriad, Hayat, and also the other hotoss and fish market,

[1:34:02] Harcan I work,

[1:34:05] but share insight.

[1:34:07] I'm expired.

[1:34:11] We don't have a working or weighting area.

[1:34:14] We want the parking area at the hotels and restaurants, increasing the number of the bicycle

[1:34:21] pets and making bicycle pets is the best solution to the this problem.

[1:34:25] Thank you.

[1:34:27] Okay.

[1:34:28] Thank you.

[1:34:31] Donna Chung followed by Sean Robinson.

[1:34:41] Good afternoon, Chair Castiano, commissioners, acting president,

[1:34:45] Coniglio, and general counsel Russell.

[1:34:47] My name is Donna Lynn Chung, hotel manager at the Marriott Marquis, San Diego,

[1:34:50] Thank you commissioners for the opportunity to speak to you today in support of the resolution to eliminate all motorized vehicles from pedestrian pathways.

[1:35:00] The petty cabs are unsafe as they repeatedly come up our front ramp in the wrong way. We even front of cars leaving our property, and then cross in front of guests walking through the crosswalk of harbor.

[1:35:12] In the rear of our hotel, we're many of our guests walk and enjoy the embarcadero and the marina. These petty cabs are weaving around guests at high rates of speed while playing very loud music, some with very inappropriate language.

[1:35:25] The drivers are verbally aggressive to our guests when trying to get writers.

[1:35:29] They yell at them when they don't want to ride.

[1:35:31] Our own staff are often yelled at and even verbally threatened when they ask pettycaps to leave.

[1:35:37] I've been yelled at and told that they can do whatever they want.

[1:35:40] We have many guests who complain about being charged more than what was agreed upon.

[1:35:44] Complain about loud noise late at night.

[1:35:47] I want to thank Ken Christine and the poor staff for their work and respectfully request the

[1:35:51] for this resolution for both public safety and to improve our gas experience.

[1:35:56] Thank you.

[1:35:58] Sean Robinson, followed by Aden Puston,

[1:36:14] to be upon Robinson.

[1:36:19] Okay, we'll take Aden Puston.

[1:36:26] Hello, thank you for the time today.

[1:36:27] My name is Aden Puston.

[1:36:29] I work with Ace Parking and we partner with several different hotels and retail businesses

[1:36:35] within the Port of San Diego.

[1:36:38] Over the last several months, our teams at the Marriott Marquis reported almost 40 incidents

[1:36:43] and complaints regarding petty cabs.

[1:36:46] These incidents include, but are not limited to obstructing driving lanes in the sidewalks,

[1:36:51] incredibly loud and often offensive music, blocking access to 88 designated paths and

[1:36:57] fire lanes, and non-regulated or posted pricing.

[1:37:01] As a representative of San Diego's tourism efforts, we find this to be extremely deterring

[1:37:06] for our visitors as it detracts from the guest experience.

[1:37:10] Additionally, our team members must spend valuable time

[1:37:12] constantly enforcing these rules

[1:37:14] and supervising drivers instead of serving our guests.

[1:37:18] For most of these instances, mentioned earlier,

[1:37:23] our team had to ask the drivers to fix their actions multiple times.

[1:37:28] This makes us believe that many drivers feel that there are no rules

[1:37:31] for them.

[1:37:32] Additional regulations must be implemented

[1:37:34] if the city wants to continue developing to attract and retain more visitors.

[1:37:40] Looking forward, if we do not enforce strict regulations, we anticipate the situation

[1:37:44] will get worse and even more dangerous.

[1:37:47] Our main reason for the proposed update is simple, safety.

[1:37:51] Regulating motorized mobility transports and peticabs will improve the safety of not only the

[1:37:56] pedestrians, but also our visiting guests, people with disabilities, San Diego residents,

[1:38:01] as well as our AST members.

[1:38:03] Petty Caves are a great way to explore and travel our beautiful city.

[1:38:07] They should be a convenience rather than an intrusion.

[1:38:10] Please consider our thoughts and thank you for listening to our side of the situation.

[1:38:14] Thank you, Mr. Postun.

[1:38:14] Thank you.

[1:38:16] Next.

[1:38:16] Sharon Cloud followed by Rob Arnold.

[1:38:25] Good afternoon, commissioners.

[1:38:27] I just wanted to say you heard from our tenants,

[1:38:29] and I really appreciate listening to them.

[1:38:32] And again, I want to thank Port Staff.

[1:38:34] This is another one because a lot about reach.

[1:38:36] You know, one of the things I thought about when we were talking about companies being responsible,

[1:38:41] I know when I go to use a rental car.

[1:38:44] They have my sign, my life away on that.

[1:38:46] So I just want to bring that up.

[1:38:48] You know, we do have rental businesses out there, and I'm sure you've all rented a car.

[1:38:52] The port did do a diverse permit before.

[1:38:55] We had companies involved.

[1:38:56] We may want to look at how we did that because it was very successful.

[1:39:00] We wanted to make sure our divers were being by what the laws that we had put in place.

[1:39:04] So we may want to look into that, so I just offer that as a suggestion, but thank you.

[1:39:08] Thank you.

[1:39:09] It was card.

[1:39:10] Mr. Rob Arnold followed by Janet Rogers.

[1:39:18] Good afternoon.

[1:39:19] Thank you.

[1:39:19] My name is Rob Arnold.

[1:39:20] Managing Director of the Radie Shell.

[1:39:22] I'm here on behalf of the San Diego Symphony and Support of the Regulation.

[1:39:26] The issues have been well documented.

[1:39:28] I'd like to come and support the solution.

[1:39:31] We have about a hundred events per year at the Radie Shell.

[1:39:35] and I've been managing almost each of them.

[1:39:37] And every one of them, since the inception,

[1:39:40] I'd like to make it known that at every single event,

[1:39:42] we place a petty cab staging area, a frame,

[1:39:46] out of the direct way of the egress and emergency exits.

[1:39:50] And in year one, and this is confirming

[1:39:52] that the regulation will work year one,

[1:39:55] they were abided by, that a frame was placed there

[1:39:58] and the petty cabs lined up in that location.

[1:40:00] And our egress and our ADA loading and everything went very well. Over the years, that sign has been kind of hidden and lost in the minds of the operator.

[1:40:12] So the influx of operators have taken over the ADA and the ride share locations, which creates a non-safe exit pathway for our guests.

[1:40:21] So definitely want to just note that the regulation that's presented will work because I've seen it work.

[1:40:27] Also trying to be collaborative with this effort. I invited one of the main pedicab operators down owners to to watch the beginning of our show on the exit

[1:40:36] Pathways and to really just take their input into the solution as well and he was agreeable with the solution and things that that that was definitely would be a way to

[1:40:47] Achieve what we're trying to do today here. So appreciate everybody's hard work that I've gone into

[1:40:51] Creating this collaborative effort and thank you for your time

[1:40:57] We have Janet Rogers followed by William J. Dorset.

[1:41:07] Good afternoon.

[1:41:08] I'm Janet Rogers with Safe Walkways.

[1:41:11] We believe people had the right to walk safely

[1:41:13] without fear of vehicles.

[1:41:15] We applaud the poor parking division

[1:41:17] and Christine loves efforts to remove all motorized vehicles

[1:41:21] from the poor public walkways.

[1:41:23] And we encourage you to pass the proposed regulation.

[1:41:27] Motorized vehicles are too powerful and too fast

[1:41:29] to cope mingle with pedestrians.

[1:41:31] We agree with exempting mobility scooters for the disabled and at this point the segue guided tours.

[1:41:39] The new version of this regulation shows the extra effort exerted to meet the board's direction for pedicaps.

[1:41:46] Although we prefer all pedicaps removed from the walkways, we understand the historical basis for allowing pedal only operative vehicles.

[1:41:55] As long as they continue and accident-free record, we don't object.

[1:41:58] But if that changes, we expect you to ban them as well.

[1:42:03] There is a lot to like about this ordinance.

[1:42:05] The color coding of petit cab permits with big stickers is great.

[1:42:10] Anyone on the walkway without a green sticker is operating the legally and should be reported.

[1:42:15] It's easy for the police to identify offenders.

[1:42:19] We agree that turning off the motor on the motorized vehicles is not acceptable.

[1:42:23] Since it would lead to confusion and too many drivers not

[1:42:27] compliant with the rules and leaving the motor on.

[1:42:30] If the Petty Cab has a motor, they can't get a green walkway

[1:42:33] sticker. That's the right solution. We would like to see the

[1:42:37] pork coordinate with the city to use it's get it done app to

[1:42:40] report Petty Cab's operating legally. A lot of people don't

[1:42:44] know that the ports are different jurisdiction and may use the

[1:42:47] city reporting system and you want to collect those reports.

[1:42:51] The maps clearly mark where the pet only petty cabs are allowed and not allowed.

[1:42:57] Bending them from the heavily trafficked pedestrian area is a great compromise.

[1:43:02] The pet only petty cabs get access to enough walkways that the clients get a good ride.

[1:43:08] Putting the responsibility on the petty cab owner.

[1:43:11] Time is excellent.

[1:43:12] Please pass this ordinance.

[1:43:14] Thank you.

[1:43:15] Thank you.

[1:43:16] If William J. Dorset followed by Port Pat Moran?

[1:43:27] Sorry, it's taken so long, I'm a little tall.

[1:43:31] Okay, so I've been in the port since about 2004

[1:43:35] I'm doing art and creative activities there.

[1:43:39] And in that time, I have observed a lot of things with petty cabs.

[1:43:43] Back when the J1s were there, it was like a thousand petty cabs

[1:43:47] per mile of the port.

[1:43:49] And the people that walked through, there was like way more people than you see nowadays.

[1:43:56] It was like wall to wall, like shoulder to shoulder, you couldn't walk through.

[1:44:00] And yet there was thousands of peticabs and somehow it worked.

[1:44:05] Now there are people saying that the peticabs are causing these problems and those problems.

[1:44:10] But I see the same thing with just bicycles.

[1:44:13] bicycles have bike lanes, and they will confline up the parking lots, wrong way, and

[1:44:20] when you try to drive in, you almost hit them. Human beings like zombies will walk

[1:44:25] out into the street in front of traffic looking at their phones all day long.

[1:44:30] You know, how are you going to regulate those things? Then let's go back to the

[1:44:35] petty cabs. I have road petty cabs a lot, and the fun part of riding a petty cab is

[1:44:41] being able to look at the waterfront as you're riding down the pedicab and you've got half

[1:44:46] of the waterfront that people want to look at taking away and then they've got to look

[1:44:50] at the vendors as they're riding on this far path because they're being put out where they

[1:44:56] They are looking at the vendors and not the water, which is part of...

[1:45:00] The point of a pedicat. If they're going down the street, they can get a new ber for that. And then that's not very safe for the pedicabs or the riders being on the street. Secondly, I remember about six months ago that was a little girl lost. Before police were down there looking, before anything, there were four or five pedicabbers zipping up and down, looking for this little girl. I ran with the family looking. You know, there are a lot of people out there that were concerned and was worried about this little girl, because they're

[1:45:29] of bad people out there, you know, and these, these guys, I'm inspired to watch my back when

[1:45:36] I'm out there, you know. So keep in mind, there are people too, like think about their needs too.

[1:45:42] We have Pat Moran, followed by a Christian Lopez.

[1:45:47] All right, the pleasure to be here. I'm Petty Cat Pat. I started Petty Cabin and I October 2009

[1:45:53] and I ended October 9th. I'm a full-time tap dancer right now. I see them in a little

[1:45:59] Italy a lot and I'm doing a lot of travel. But I have a lot of interest in these new

[1:46:04] regulations because of my friends in the industry and I see the potential for these new

[1:46:11] regulations to be the best thing that's ever happened for everybody and I'll start up

[1:46:16] addressing the people at the hotel with these new regulations. The signage on the outside of

[1:46:22] heavy calves that has the rates should also have heavy cavern must give total fare before

[1:46:28] the ride.

[1:46:29] When the people at the hotels know that and they get a disgruntled group that comes back

[1:46:34] and said we were charged $300 to go for the gas land to the high agency, they're going

[1:46:40] to be told you can contest that.

[1:46:42] You can challenge that credit card because nobody pays cash for that and they'll also know

[1:46:48] that the app is very key to this whole program here.

[1:46:52] It's community policing.

[1:46:54] The petty cabers that are doing it right,

[1:46:56] the general public, everybody.

[1:46:59] And I can see in a year, when that new hotel opens

[1:47:03] across from the midway, a petty cab stand for three petty cabs

[1:47:07] there and I view the dorm in there.

[1:47:10] With that port of San Diego logo on there,

[1:47:13] being the one that indicates that this is a petty cab

[1:47:17] can trust, and the rides that could go to little Italy, the gas land, the convention center,

[1:47:23] they can use the motors, they can play the music at the reasonable levels, and they can

[1:47:29] give people an experience with the petty cab that is a lasting memory, so there could be a lot of

[1:47:37] money that comes out of that. That can be the reward that the petty cabers get for doing it right,

[1:47:43] And I also think that you can look at making that South End of Seaport village hybrid as soon as possible.

[1:47:51] Because I believe that the app, the South Police,

[1:47:55] to detect those that are cheating, would be a parent. I appreciate the time.

[1:48:01] Christian Lopez followed by Janet Callow.

[1:48:14] Good afternoon, I'd like to address I'm a pedicabber and pedicabber for six years.

[1:48:18] I started pedaling, but then when we got the motors in there after COVID, it has been

[1:48:26] something of, I made it a work a lot more freely now, you know, when you work

[1:48:32] pedicabs, when you're pedaling, it takes a toll on your body, and then you're talking

[1:48:39] about oversight and overseeing yet we don't have any benefits coming towards us, we don't

[1:48:45] bike lanes that you know I heard like a combo they took a bunch of parking structures to make a bike lane

[1:48:53] but a green bike lane you're talking about electrify San Diego yeah we're an electrify entity

[1:48:58] equal friendly we try to give people the best rides tourism yes I understand we have to identify bad actors

[1:49:05] and people that are acting outside of purview in terms of you know how they charge or how they act

[1:49:11] But there's things that that could be done.

[1:49:14] You could throw out all the speed limit.

[1:49:16] You could put a bike lane.

[1:49:17] You could do things that are not invasive to the driver because

[1:49:21] the boardwalk is quintessential for us, giving a good tour.

[1:49:27] I understand the grievances from the hotels

[1:49:28] and I understand that we need to create a safe place.

[1:49:32] But the way we do so is by everyone working together

[1:49:35] because we don't have the backing of a billion-dollar corporation,

[1:49:38] like how it, like ace, like Mary got marquee, they have the feds of lawyers. We're only one person, personally.

[1:49:45] And when you're trying to do oversight of things that you know how we do, when we're independent drivers,

[1:49:52] when we don't have health benefits, when we don't have any protections, you're talking about destroying our livelihoods.

[1:50:00] For something that's not existing, there hasn't been any incidents of safety. I invite any one of you, sorry. I invite any one of you to come right with me. I'll show you personally. I'll take you around the Harvard. I'll show you around. I'll tell you the grievances. I'll do myself. I won't charge you.

[1:50:17] I make it by her. Okay. Thank you. Thank you for your time.

[1:50:21] Janet Callow followed by a last call for Sean Robinson.

[1:50:30] Good afternoon. My name is Janet Callow.

[1:50:32] I'm the junior staff cometer for the upward voting club.

[1:50:37] We assist the port with taking care of the launch ramp by keeping it clean

[1:50:42] and keeping the traffic moving.

[1:50:44] We stand a formal ramp duty from May through October 10 hours a day.

[1:50:51] Saturday and Sunday and I'm there almost every day.

[1:50:53] We've had trouble all summer with groups of e-bikes

[1:50:57] running through the launch ramp and taking over the

[1:51:02] pedestrian promenade,

[1:51:05] which boxes in the basin,

[1:51:08] which is for pedestrian viewing platform.

[1:51:18] So I'm in favor of this ordinance to get the e-bikes

[1:51:23] out of the pedestrian areas.

[1:51:28] I saw the funny thing this morning on television,

[1:51:31] a channel panel that was interviewing the fellow

[1:51:33] who wanted to recent, the order to lift the ban on e-bikes

[1:51:39] on the boardwalk, a mission ban, or saw that.

[1:51:42] But there were intervenes, had he had all these petitions,

[1:51:45] and that they would be really good,

[1:51:47] and we should let him be on the pedestrian pathways,

[1:51:50] and behind him, the camera pan to the pedestrian walkway and there was two e-bikes coming

[1:51:58] on through the sidewalk and it moved. This fellow who was walking his dog off of the sidewalk.

[1:52:10] Actually, step off the sidewalk. So thank you very much.

[1:52:15] Thank you.

[1:52:16] Now we have a last call for Sean Robinson as they have they rejoined us.

[1:52:24] Seeing no one, that concludes public comment.

[1:52:30] Thank you.

[1:52:30] I'll close the public hearing and move on to Commissioner comments and questions.

[1:52:34] Commissioner Malcolm.

[1:52:36] Thank you, Chair.

[1:52:37] And I want to start by thanking both all the pedicab owners and operators that have been throughout this process.

[1:52:45] Not just today, but I believe we're in the third board meeting on this for your testimony.

[1:52:50] I also want to thank the port tenants, the hotels for your testimony and for your take on the situation.

[1:52:58] And I particularly want to thank our staff.

[1:53:02] You got added in one of your PowerPoint slides.

[1:53:05] There have been multiple times of public outreach.

[1:53:09] Seven times, I believe, 77 people over the course of many months.

[1:53:13] Which is the way that we do it at the Port of San Diego before we do an ordinance like this.

[1:53:18] We do a lot of public outreach and we talk to a lot of people and then we make data-driven decisions.

[1:53:25] And what's happening here today is really the port operating at a very highest priority,

[1:53:31] which is promoting, improving and protecting public safety.

[1:53:36] That is our number one priority, is a board and what we do around the port.

[1:53:41] And we also want to enhance guest experiences, so that is part of what we do as well, but it's got to be done safely.

[1:53:48] And I want to say at the outset that I know and staff knows that there are many petty cab operators and owners that are doing it right.

[1:54:00] That are actually watching out for public safety that are operating in a responsible way.

[1:54:05] And I want to acknowledge that, and acknowledge the fact that you make your living doing this,

[1:54:10] and you're providing a valuable guest experience, so that is something that is understood.

[1:54:17] But you have to understand that there are other operators out there that are not acting responsibly.

[1:54:23] And we have had many, many circumstances and testimony by our portent and others of some

[1:54:31] your responsible behavior, and that is why the Port of San Diego is stepping into this space as

[1:54:38] is our obligation to regulate a space to protect public safety. Now, is luck or unlock would have it.

[1:54:49] I was, I mean, it's kind of ironic. I was down, it ports I'd peer to this Saturday. We had two

[1:54:56] ships in, about a Disney ship and I don't know how to do it.

[1:55:00] I think the other ship was a princess. I'm not sure. And we had fleet week, and it was incredibly crowded. We had a line of Disney passengers along the boardwalk, waiting to get on the ship. And I was actually standing right by portside pier, ready to go into Miguel's restaurant. And I saw a petty cab come up with learned music, weave through the crowd, motorize, and stop right in front of portside pier. And I thought, you know what,

[1:55:29] with all the people that were out, I was a little bit nervous at the speed and then the sound of what I saw.

[1:55:39] So it was just, you know, it was just me personally seeing it through my own eyes, something that I thought, you know, that behavior should be regulated.

[1:55:49] Now, I want to say that I heard the operator talking about independent contractor versus employee.

[1:55:58] I don't want to get into the legal aspect, but you actually made the case of why the Port

[1:56:02] of San Diego should be doing regulation, because maybe you're maybe not, you can't tell

[1:56:07] your operators that you rent to how to do their business, but you know what you certainly

[1:56:11] can say, you can say that they can't break the law.

[1:56:14] And what we're talking about here is putting a lot into effect to protect the public and

[1:56:20] two still provide a guest experience. So just a couple of comments on the cost. We're collecting.

[1:56:33] I believe you said a hundred and a 25% a hundred and eighty three dollars a month. Is that right?

[1:56:40] Kim Wallace for the record. It's a hundred and eighty three dollars per year. Oh, per year, per year. Okay.

[1:56:46] So, $183 per year, per petty cat, correct?

[1:56:50] Okay, all right, and that is roughly 25 percent.

[1:56:55] That's going to cover 25 percent of our costs.

[1:56:57] So, by my rough back of the nap in calculation,

[1:57:00] it's still going to cost a $437,000 roughly.

[1:57:04] Got to operate the program in the first year.

[1:57:06] Okay, all right, so just to all of you out there,

[1:57:10] you know, understanding that it's going to be more money,

[1:57:14] a little bit more money and fees per year, but the Port of San Diego is also subsidizing.

[1:57:18] I think that that does strike a fair balance in my mind on the costs.

[1:57:25] I also want you to know, I'm going to make the same comment here that I made on the last

[1:57:30] on the vendors that we are going to do, and I heard you say we are going to do an evaluation

[1:57:37] of the program in a years time, and actually we're going to be continually evaluating this ordinance as we go along.

[1:57:46] And if we find things in the ordinance that don't work, don't make sense, could make it better,

[1:57:52] could help petty cabers, could increase public safety, we're going to take those things into account,

[1:57:57] and I'm sure that those will show back up at a board meeting, so I want to encourage that.

[1:58:02] But I've got to say overall, I am in support of this program, and I just want to say to the pettycat people, I want to ask you all the best thing you can do for your business is to police yourselves, to watch your drivers, to make sure that they're acting responsibly.

[1:58:27] And if you do that, we can all live in harmony.

[1:58:31] You can still provide that guest experience,

[1:58:34] you can still earn a living, you can operate

[1:58:37] within the rules, watch yourselves.

[1:58:40] And that way, we don't have to do it.

[1:58:42] The last thing you want is for us to be back here,

[1:58:46] putting more regulations on.

[1:58:47] So I would just really, in the spirit of,

[1:58:51] we all want to operate and work together here.

[1:58:54] I would really ask you to consider that

[1:58:56] take that seriously, as you move forward with your business.

[1:58:59] Thank you.

[1:59:02] Thank you, Commissioner Malcolm, Commissioner or Tasson.

[1:59:04] Thank you, Mr. Chairman.

[1:59:06] Your comments are right on.

[1:59:09] We're faced with, we have to regulate it.

[1:59:11] That's just all there is to it.

[1:59:13] And I do encourage the petty cab owners to do the same thing.

[1:59:18] I say, when I rent a unit out on my rentals,

[1:59:21] I have expectations on what my tenants can and cannot do.

[1:59:25] And I just can't buy that we can't tell, you know, rely or that the owners can't rely on their expectations to tell those operators on what they can and cannot do while they're running those.

[1:59:39] I too have seen the abuses.

[1:59:41] Staff, a pod, which you guys have done, I've got a couple questions for you if I could.

[1:59:46] Number one is, it seems to me that you indicated that the costs very greatly amongst operators, is that right?

[1:59:58] Well, there's...

[2:00:00] There's different, so there's some petty cab companies that have as many as 130 cabs, and then there's some have 25, and then we have some that are independent, just they have just one, and so our cost, we're charging them is cost per cab.

[2:00:16] Yeah, let me try to clarify my question. The rates, the rates that they charge, they vary, don't they?

[2:00:23] Yes, they do, we, I'm sorry, Ken Wallace for the record.

[2:00:28] We canvased various pedicab companies and we found rates anywhere from 10 bucks per person

[2:00:35] to $100 per person, depending on what the time of year may be, what the event may be.

[2:00:45] Also, for the petal-only peticabs, they tended to be cheaper, 10 to 15 dollars per person.

[2:00:54] So there is quite a bit of variation.

[2:00:56] Yeah, I think the answer is yes.

[2:00:58] It's in the staff report, isn't it?

[2:01:00] Yes, that's correct.

[2:01:00] You mentioned that there's a great variety of pricing that goes on there.

[2:01:07] Did we consider any kind of regulation on that?

[2:01:11] Again, Ken Wallace for the record, we discussed it internally, we don't regulate third-party

[2:01:18] pricing in any of our other businesses, so we weren't going forward with any proposals.

[2:01:24] Fair enough, there are some cities that regulate their calves on what they can charge

[2:01:29] and what have you, but I can understand and respect what you're coming from, but the regulation

[2:01:35] that we have to have in place here is a must.

[2:01:38] Now, I think in the staff who put you also indicate that you will require an insurance policy from these operators.

[2:01:49] Is that right?

[2:01:51] Christine Love for the record.

[2:01:54] The city of San Diego requires a million dollar additional insured policy and we would basically require to match that.

[2:02:00] So if they applied with us, they'd have to prove that they have that in place, and then they

[2:02:07] once they are under agreement with us, they'd have to add us as additional insurance.

[2:02:12] Okay, that was my question.

[2:02:13] That was my question.

[2:02:14] I didn't see that in the staff report.

[2:02:16] You are requiring, okay, okay, very good.

[2:02:19] It's in the ordinance as well.

[2:02:20] Perfect.

[2:02:21] Okay, great.

[2:02:23] Commissioners, here's where I'm coming from, and I think that I wanted to ask the gentleman,

[2:02:28] law enforcement, you know, of the Harvard police, if you, if they agree with this, when

[2:02:34] we first start this, assuming this gets past today, we're going to need a lot of law enforcement

[2:02:41] assistance. That's just the bottom line. When we read about all the violations that occur from

[2:02:48] various people that tell us whether it's at the Radishel or other places that they tell us,

[2:02:53] the kind of violations that are occurring,

[2:02:56] there's clearly some bad players in Commissioner Malcolm said,

[2:02:59] look, there's some people that are great

[2:03:01] that are abiding by all the rules,

[2:03:03] but we know that there's some bad apples there

[2:03:05] that are aren't abiding by the rules and are violating the rules.

[2:03:08] We're going to need a law enforcement's help, initially.

[2:03:12] At least initially to make sure

[2:03:14] that people are living under the rules,

[2:03:16] whatever this board decides going forward.

[2:03:20] So, I want to make sure that you guys are comfortable with that,

[2:03:25] Thank you for the question, Commissioner.

[2:03:27] Director Jonathan George, a Harvard police captain, I think it's a very valid point, especially

[2:03:32] early on with all the complexities that are built into this ordinance versus our past ordinance.

[2:03:39] To your point and to your question, we do already have plans in place as this build out.

[2:03:46] It goes further and further down the line when signages up, and once we can begin the warning process,

[2:03:51] and the gradual progressive process to eventually issue citations, if and when it's appropriate

[2:03:59] past February, there will be plans to staff specific to the ordinance earlier on, as we've

[2:04:06] kind of experienced with the oversized vehicle ordinance and some of the other ordinances

[2:04:09] in the past, that tends to help drive home the message of the seriousness of it when it

[2:04:16] starts. However, the goal isn't to use that as the primary enforcement tool. As I think

[2:04:24] if others have mentioned, there is a two branch approach to this administratively and

[2:04:31] through law enforcement processes to kind of drive home the point that we want self-regulation

[2:04:38] however, when officers are in the area and see and witness violations they will have the authority

[2:04:44] to site on multiple sections with the goal being that education first citation after that

[2:04:52] occurred to give everyone a chance to hopefully self-regulate. So, it's a long way of saying yes,

[2:04:57] and we do have plans in place to help out.

[2:05:00] That happened on once February comes on. Thank you. Thank you for that. Look, I too wish that we didn't have to deal with this.

[2:05:07] I wish that we didn't have to regulate the industry, but the fact is is that we not only heard from the tenants, but others, that there's, there's, there's an abuse of the system.

[2:05:17] And we can't just turn a blind eye to that. We're going to have to move forward with, it's some sort of regulation here to make it sure that it's safe not only for the people that are writing,

[2:05:29] But the people that are walking the sidewalks, the people that are just coming in down and enjoying it both residences and visitors alike

[2:05:36] So I'll be supporting them as sure.

[2:05:40] Okay, thank you.

[2:05:42] Any other commissioners would like to ask questions or make comments?

[2:05:47] Thank you.

[2:05:48] Thank you, Chairman.

[2:05:49] There are two things that are today that really stood out.

[2:05:52] The first one was from Janet Rogers about creating some type of communication with the city of San Diego

[2:06:00] that there may be confusion, I guess, between the reporting systems and that, I think, given our

[2:06:06] alignment in terms of the fees and requiring that they have a permit from the city before they

[2:06:11] can get one from us, that there should be some type of communication and accountability.

[2:06:15] And so as we're collecting data, I hope that that's one of the things that we're able to do

[2:06:20] is make sure that our systems are communicating together.

[2:06:23] The other thing was from Pat Moran, where he said that there should be some type of indication on the cabs that talks about that the operator must give the total fare before the ride, and I think that that should also be incorporated.

[2:06:41] And then the last thing, you know, just looking at the report that you all provided in all of the hard work that you've done on this issue, I really think that there should be some type of orientation for all operators.

[2:06:51] I think there's a responsibility on the part of the owners, but also I think we should also share some of that responsibility with the operators by making sure that they are accountable for the routes for the driveways or unpermitted areas regarding them blocking ADA designated areas as well.

[2:07:10] But some responsibility to make sure that all of the operators receive some type of orientation as a part of receiving their permit and their aware of what the rules are,

[2:07:21] what the expectations are and they're individually responsible for that.

[2:07:28] Thank you very much.

[2:07:29] I'll just say a few things.

[2:07:31] Again, thank you to all my colleagues for their comments and staff.

[2:07:37] I just like the vendors' ordinance.

[2:07:40] This has been a lot of iterations and a lot of work.

[2:07:43] And I appreciate you continuing to make adjustments to the proposed ordinance.

[2:07:49] Ordinance, if the Petty Cab drivers and operators will recall, the first time this came to us,

[2:07:56] South's recommendation was to ban Petty Cabs period, basically.

[2:08:03] And the commission didn't think that was a good idea, and see the value in Petty Cabs as an additional mode of transportation.

[2:08:12] I think I shared this last time we talked about this.

[2:08:15] one of my very good friends and his family came and visited a couple months ago and they were

[2:08:23] staying in a hotel here on the waterfront and they had made a dinner reservation and it was getting close

[2:08:29] to the dinner reservation. They said, don't worry, we got plenty of temple take one of the bikes and I said,

[2:08:34] I'm not writing a bike right now. I've had a couple cocktails and that was not going to be a good idea.

[2:08:38] and said, no, no, no, no, no, the ones where they pedal for you.

[2:08:45] It's good.

[2:08:46] The petty cabs are good.

[2:08:49] We had a great experience.

[2:08:50] We got in the petty cab, the petty cab driver gave the kids sunglasses.

[2:08:54] He did have music, he was wearing a costume.

[2:08:56] It was cool.

[2:08:58] They liked it.

[2:08:58] I liked it.

[2:08:59] It's important.

[2:09:01] But we do need to make sure that people are having a positive experience.

[2:09:09] and that the negative aspects are regulated.

[2:09:13] We've become a victim of our own success in many ways

[2:09:16] on the waterfront.

[2:09:17] We've seen this with a number of different areas

[2:09:18] where we've had to regulate this here.

[2:09:20] The shell is a huge success.

[2:09:22] People are blocking the fire lanes.

[2:09:24] It's become a public safety issue.

[2:09:27] We're going to have more and more and more people

[2:09:29] coming down to the waterfront.

[2:09:30] And that's what we're in the business of doing

[2:09:33] is activating the waterfront, bringing people to the waterfront.

[2:09:36] That's good for everybody.

[2:09:37] But with that comes more opportunity for friction, for tension, for conflicts, and so we have to work hard, working with all of the stakeholders to try to regulate things in a reasonable way and a fairway, it's not easy to do it.

[2:09:54] We're going to learn, we're going to try to improve, it's impossible to come out of the gate with a...

[2:10:00] Perfect regime, that addresses everybody interest, but we're committed to making modifications on an ongoing

[2:10:07] basis to get the best possible regulatory scheme for this industry as possible, so that everybody can

[2:10:15] coexist in the best way possible. So thank you very much for all of your work and for all of the

[2:10:28] correcting staff to develop an execute short term operating agreements. I understand that we don't need a motion for that as long as the direction in the consensus of the board exists for that

[2:10:38] I think that's the case based on what I've heard. So with that being said I'll take a motion in a second on item A the resolution.

[2:10:53] So moved. Please vote.

[2:10:57] Motion passed unanimously with commissioners of ket excuse. Thank you.

[2:11:02] We will now consider item B, which is the adoption of the ordinance,

[2:11:12] so move please vote.

[2:11:15] Motion passed unanimously with commissioners.

[2:11:17] Okay, thank you.

[2:11:30] Okay, so we Commissioner Tassen has to leave today at five o'clock.

[2:11:36] So I'm going to exercise my prerogative and move the agenda around a little bit.

[2:11:41] We will now move on to agenda item 15 on the action agenda, a resolution electing chairperson, vice chairperson, and secretary of the board, a poor commissioners for 2024.

[2:11:54] Since a staff report is not required for this item, we will move straight to public comment before I entertain a motion for nominations.

[2:12:07] Do we have any public comment on this item?

[2:12:09] We do, we have 11 voice mails and several in-person speakers will start with, you want to start with the in-person or voice mails.

[2:12:20] Okay, we'll start with the voice mails, we will have in-voice mails.

[2:12:37] Hello, this lecture is concerning an action agenda. I am a team, my name is Toperin Giddle

[2:12:42] and I'm a professor at Bethany, Development at the University of San Diego. I had the

[2:12:47] privilege of working with Fendi and I'm all over the past five years and even partner

[2:12:50] with her to give the course of San Diego into one of my graduate classes on these visualizations

[2:12:54] and analytics of that client. I have always known how to be a fierce and intelligent

[2:12:59] and dedicated public servant. I've read the report that served as the basis for a commission

[2:13:05] on how the Center, though, I am not for the T-Roll and closed sessions.

[2:13:10] Frankly, I find it exciting to be the minimum and seek more to her review and perhaps

[2:13:16] a stylistic difference between her and any board members meant any substantive issue.

[2:13:22] Having served on many boards, and to many myself, I understand that integration reaction,

[2:13:26] but they changed into cans of books, but from the outside, the optics, the board simply

[2:13:32] ahead of some of those records. So I would urge you to do the mature thing and

[2:13:37] recind what seems to have been an emotional and not a rational action.

[2:13:42] Thank you.

[2:13:46] Good afternoon, Port Commissioners. I am speaking on action, agenda item number 15. My name

[2:13:55] is read a comment and I am with San Diego 350 and a resident of Chulavista. I urge

[2:14:05] board of court commissioners to recent their center of commissioner Nuremberg and to vote to

[2:14:13] elect her chair. Commissioner Nuremberg has unwavering dedication, exemplary leadership quality,

[2:14:22] and commitment to our communities best interest, make sure the ideal candidate for the

[2:14:35] her is promptly rescinded.

[2:14:38] Notably, National City is not

[2:14:40] held the position of chair since 2017.

[2:14:46] By voting in favor of Commissioner Naranho,

[2:14:49] the Commission will not only uphold its own board

[2:14:52] policy 001 of longstanding

[2:14:56] the tradition of fear rotation between self.

[2:15:00] Auxtay, and San Diego, repressantation, but also censure that National City rightfully receives

[2:15:11] its due repressantation in the opportunity to actively contribute to the courts ongoing achievements.

[2:15:22] Thank you.

[2:15:26] Hello, my name is Rhea Coleman, and I'm speaking to item number 15 on the Climate Justice Action Team of the First Unitarian Universalist Church of San Diego.

[2:15:44] The National City Representative to the Board may or may not have been corrected or

[2:15:50] concerned about Fort District employee, but either way she had a moral obligation to bring

[2:15:58] those concerns to the attention of the Board for protection of the Fort District and the

[2:16:04] public which the Fort District is responsible.

[2:16:07] You may not feel that she did so in appropriate manner, but she did so in a manner that doesn't appear to be either a violation of the Brown Act or a legal in any other way from the report that was published.

[2:16:25] The outside's reaction of the board, in centering and borrowing her from office, is unjustified and completely out of scale with the nature of her actions.

[2:16:37] It smacks frankly of unstated motives on the part of the commission and the employee in question.

[2:16:45] The Climate Action, the Climate Justice Action Team of First U.U. Church of San Diego urges

[2:16:52] you to do the right thing.

[2:16:55] We send this undeserved center and elect the National City Representative to the position

[2:17:01] of President of the Board.

[2:17:04] She has been an admirable environmental advocate and an advocate for environmental justice.

[2:17:11] The public is watching you. Thank you.

[2:17:20] Hi, my name is Moe Vermeer, Network and Policy Advocate for climate science.

[2:17:24] I'm calling in to comment on agenda item number 15.

[2:17:27] I don't personally live in the San Diego region but have been honored to work for the past few years through the statewide

[2:17:33] network that we can be in a kind of plan.

[2:17:35] This local partner is in the area and to get to know them.

[2:17:39] In our advocacy work across California, I have seen an alarming trend that civil servants who take the charge of

[2:17:45] protecting the public good seriously by asking challenging, perhaps difficult, and certainly necessary questions about how decisions that will impact our communities for generations are made by government agencies.

[2:17:58] That those civil servants who do their due diligence to bear that responsibility and do it justice are being retaliated against for failing to accept the status quo on its face, just because it's the way things have been operating.

[2:18:11] And just my personal capacity, I witnessed and opposed five of these instances as efforts

[2:18:16] have sought to punish and silence some of the best people in critical voices I know, from

[2:18:22] the level of municipal city commission, all the way to deputy director of state agencies.

[2:18:26] This case is no different, and so I am calling in today, and the solidarity with my former

[2:18:31] sign up to my colleague, who is sure not as well.

[2:18:34] I call upon this body to comply with your charter and the rotation of commission chair

[2:18:39] National City's representatives as any last would be a deliberate attempt to have to

[2:18:43] be franchise with I have to vote in the National City. Thank you.

[2:18:52] Hello, board of Fort Commissioners. My name is Josephine Salamantes and I am the chair

[2:18:58] of the Chicano Park Museum and Cultural Center. I am speaking on behalf of item number 15.

[2:19:09] And here is my message.

[2:19:12] I urge the Board of Fort Commissioners to

[2:19:15] resend the censure of Commissioner Nadaho,

[2:19:18] and to vote to elect her chair.

[2:19:21] The community views the censure as an ongoing campaign

[2:19:25] against Ms Nadaho as discriminatory,

[2:19:29] political retaliation, and abuse of power.

[2:19:32] We ask that you look deeply into the conduct of your attorney, Tom Russell, as issues have been presented to you before, however, we don't get the sense that you are looking into that.

[2:19:49] We have thoroughly reviewed the post vote center report issued by the court and the claims and facts as presented in the report.

[2:20:00] Black grounds for a commissioner, not on who to be censored. It is a polling that the board found this report

[2:20:07] to warrant this action. And we feel that it was derogatory towards Mr. Rungho without an example

[2:20:17] of specifically what she had done to be censored. If you remember correctly, she did vote

[2:20:25] for Mr. Russell.

[2:20:26] And we find that your actions are retaliatory and discriminatory.

[2:20:31] Thank you for listening to me.

[2:20:33] We feel that she is the best candidate

[2:20:36] for the position of chair as she represents the sport communities.

[2:20:41] I represent body of Logan, Logan Heights,

[2:20:44] and I work extensively at National City as well.

[2:20:50] This message is on action agenda number 15.

[2:20:53] My name is Joan Rinkon. I'm a resident of National City. The message that I want to convey to the court is we will be choosing our own court commissioner and you will not be doing it for us.

[2:21:05] We will be choosing the person who meets our needs and not who wins a popularity contest as to who makes the rest of you feel more comfortable.

[2:21:13] You have shown a spotlight on someone, and you will not be able to withstand the scrutiny

[2:21:20] of that spotlight on yourself.

[2:21:23] Many of you have some very interesting histories that we can talk about, as time goes by.

[2:21:29] In the interim, you have apparently some members of your legal staff who operate more

[2:21:34] at a junior high level than at a professional level.

[2:21:37] And I think you should look into dealing with those people.

[2:21:40] Meanwhile, it is National City's turn really on the rotation of the chair ship, and it was intended to go to the National City until very, very recently, when some of your staff who became uncomfortable with that prospect decided to go ahead and act up.

[2:21:57] As a city, we expect the chairowship to be appropriately assigned to us for the next year.

[2:22:07] And the fact that you would prefer another person who's more part of the old one ever to be the commissioner here doesn't ring through to my ears or interest me.

[2:22:18] So I request that you provide the chairowship to national city as you should.

[2:22:23] And I also requested you to rescind the ridiculous censure that was done like some sort of a junior high

[2:22:29] can from.

[2:22:31] Thank you for your attention to

[2:22:36] the center.

[2:22:37] This is Joe Hillin, and I'm calling about action by gender number 15.

[2:22:43] And I want you to rescind the censure and elect national city commission in the Royal chair of the court commission.

[2:22:52] This is important.

[2:22:53] Keith, it's her turn and he's well-qualified.

[2:23:08] My name is Jail Jackson and I am this one-world bridge in Indian nonprofits for the past 25 years.

[2:23:15] We have a used program, our adult program here in San Diego County.

[2:23:21] And we appreciate all that the port authority has done for Indian country to bring Indianness to the port.

[2:23:29] And we would also like to request that you recent the action against Sandy.

[2:23:38] It's always important to have the indigenous woman to be in areas where they can make a difference.

[2:23:47] So with that, I would hope you could reconsider this.

[2:23:52] It's you McGrich, you many thanks.

[2:23:54] Thank you.

[2:23:54] I

[2:23:59] would like to speak to Action Agenda Item 15 on your agenda today.

[2:24:05] My name is Jean Sieger and I live in Coronado.

[2:24:08] I'm in support of Port Commissioner Sandi Nilanho.

[2:24:12] I find the Port Center of her to be misguided at best.

[2:24:16] There is absolutely no proof of the allegations against her.

[2:24:20] Further by centering her with such slim or non-existent evidence, the port is taking away

[2:24:25] the voice of the National City Council.

[2:24:28] which appointed her and continues to support her. By extension, the Port takes away the voice of the thousands of voters who

[2:24:36] elected the City Council to make decisions on their behalf. Commissioner Naronho doesn't excellent job. She is smart in

[2:24:44] enthusiastic and conscientious. She is committed to doing what is right for the port and the people who live in the region.

[2:24:51] Please put off a decision on this matter until January. When the Port customarily appoints a chair,

[2:24:57] at that time I asked you bring proof of the...

[2:25:00] For Mr. Schnaer's wrongdoing, we'll appoint her chair. Thank you.

[2:25:07] It is James Ferguson,

[2:25:12] the Unitarian Universalist Church of San Diego. In vines

[2:25:20] and climate lobby,

[2:25:21] and that's a percent of a 350. I'm calling about a gender

[2:25:30] -sending or

[2:25:34] anisertive activist.

[2:25:36] I know that she is representing

[2:25:47] Schnaer's

[2:25:51] violence her.

[2:26:00] Not be suppressed. I think that there's a large community of people that are very aware

[2:26:52] of it.

[2:26:57] the election at law officers this afternoon. Please consider the duties of the office that

[2:27:04] is being elected and also the qualifications of the persons who are being considered. The

[2:27:13] purposes of the poor and the individual qualifications of the people should completely eliminate

[2:27:18] consideration of personal bias or other issues. We need the service of people who are the

[2:27:25] classified people for each position. With respect to the

[2:27:29] censure of Commissioner Niranial, I urge you to

[2:27:33] rescind it. I have read the report and formalizing that

[2:27:37] type of concept, conflict with the facts submitted, will only

[2:27:41] perpetuate it and do a disservice to the things you are trying

[2:27:45] to accomplish. You need to have a cooperative spirit going forward

[2:27:50] that is focused on the issues, not personal grievances. I am

[2:27:54] There are a specific offer. I thank you for your attention by now.

[2:27:59] That ends the voice mails that we have. We now have 12 in person speakers. One would

[2:28:04] seated time. We have Marcus Bush, Councilmember from the City of National City, you followed by a Jeffrey Schellick.

[2:28:21] I met a child, but this is really cool. I've got to do like this one.

[2:28:24] But hey, we could have been on a board chair in staff. My name is Mark Spursch, Council Member for National City.

[2:28:33] I was here last meeting in the meeting before I came here with Council Member Rodriguez.

[2:28:37] We came before to ask you guys respectfully to hold off on the censor to give us time to determine what actually went on with your legend with Sandy and everything just going on period.

[2:28:49] because you disenfranchised us to national city.

[2:28:52] This isn't just about Sandy.

[2:28:53] This is about what you all did to national city

[2:28:56] and our place taking the chair.

[2:28:59] And so you did release the report

[2:29:01] and I appreciate that, but even after the report

[2:29:04] and seeing all of that,

[2:29:06] I got to tell each and every one of you

[2:29:07] feel I feel extremely disrespected by what you guys did.

[2:29:11] I'm really, honestly, I'm disgusted with you all

[2:29:13] on this board.

[2:29:15] I read that report

[2:29:16] And I've been reading reports like this for over 15 years.

[2:29:20] I was a union rep at Unite here from 2008 to 15 years.

[2:29:23] I could reading reports like this.

[2:29:24] This was the single most subjective investigative report

[2:29:28] I've read in my entire life.

[2:29:30] Riddled with problematic statements.

[2:29:33] One reporter called it a nothing burger.

[2:29:36] And for us on the city council, nothing in that report gave us

[2:29:40] justification for what you guys did.

[2:29:43] And I have to say honestly, shame on you all.

[2:29:45] Shame on you, Rafa, as chair for what you guys did and what you did to National City.

[2:29:50] Here's what I think what really happened, what's really going down here.

[2:29:54] This is what I think.

[2:29:55] I think this is an attempt to get rid of Sandy and retaliation for asking questions.

[2:30:00] About Tom Russell and the Board of attorney. About these potential conflicts. I think the reason that

[2:30:07] part, like that you that you guys don't want Sandy on here, is because she advocates for environmental

[2:30:11] justice. And she's been the single person that is advocated for environmental justice more than

[2:30:16] anyone ever in the history on the Board. So let me make this clear to you all that you do not

[2:30:24] decide who is National City's Board representative. None of you on this Board decides that. I

[2:30:33] I don't care if you don't like Sandy.

[2:30:37] I really don't.

[2:30:38] We all have to deal with people that we don't like at times.

[2:30:42] So that's not the issue.

[2:30:44] And I don't care if her, if she makes you guys uncomfortable

[2:30:49] by talking about systemic racism.

[2:30:52] We have to talk about those issues.

[2:30:54] Sit there and be uncomfortable with it.

[2:30:56] And if you think there's an issue, again, I told you guys

[2:30:58] this before, that they don't like to talk about

[2:30:59] come to talk to me, come to talk to my colleagues on city council, I ask that you guys act

[2:31:04] like professionals though that you stop what I perceive as a retaliation against my poor

[2:31:09] commissioner and that you not just delay this vote, I don't think you guys will, I think

[2:31:14] you guys already meet up your mind, that was very clear, all the public testimony you got

[2:31:19] last meeting, you ignored all of it and it just shows me, validates everything in the

[2:31:27] And so I don't expect anything different from you guys.

[2:31:30] My hope is that you did lay this vote.

[2:31:32] That you send the censure, that you investigate.

[2:31:37] Because you spent a lot of time investigating Sandy,

[2:31:40] and her 4,700s and 2021.

[2:31:43] And I appreciate that.

[2:31:43] I'm fine with that.

[2:31:45] That's good.

[2:31:46] There was a potential conflict of interest.

[2:31:48] You addressed it.

[2:31:48] It was an report.

[2:31:49] And it got cleared.

[2:31:51] So spend that same energy on your own staff,

[2:31:53] and your own attorney.

[2:31:53] Where there's a lot of information.

[2:31:53] conflicts be consistent about it. So I ask that you also, so again, delete this vote,

[2:31:59] recent this censure, and also investigate the claims into this, at the attorney time,

[2:32:04] Russell, and I also want to give a shout out, I think all the community members that came out

[2:32:08] and support it from all over the county, including a Jesse Marquez and Coalition for Safe

[2:32:12] Environment. This shows this is a much bigger issue than just national city.

[2:32:17] We have Jeffrey Shaw followed by Stephen Gelb.

[2:32:23] Good afternoon.

[2:32:24] The occasion of my name is Jeffrey Schrock.

[2:32:25] I'm a volunteer at Purple Sea National City leader for a long time.

[2:32:29] I can tell you, I know for a fact that the Portland Commission has been

[2:32:32] tweeting National City like the right to step child of the county.

[2:32:35] It's time for change.

[2:32:36] The class war for games will end because people like me will demand it.

[2:32:41] National City residents are tired of being treated like

[2:32:44] like we're the toilet board, we're ready to take a crap at it.

[2:32:48] The board needs to straighten up their act,

[2:32:50] become more people friendly,

[2:32:51] we're not just doing industrialized board,

[2:32:54] you guys to profit off of,

[2:32:57] we should, 50 years or a year, that's great.

[2:33:00] But the bottom line is, we're Zion,

[2:33:01] if you're a climate, we're not,

[2:33:06] we're not, we're not, we're not, we're not, we're not Zion.

[2:33:07] Standing around, it was a good lady.

[2:33:09] She's a great person.

[2:33:10] She's the voice of naturalcy that we want.

[2:33:12] If you guys don't want that voice,

[2:33:13] if you don't want what next, let's see what he wants.

[2:33:16] So how do you represent us properly

[2:33:17] if there's a conflict of interest?

[2:33:20] You notice our mayor who's been fit to be floppy

[2:33:22] on this issue, didn't bother to show up today,

[2:33:25] didn't he?

[2:33:25] But that's because he thought, probably 30,

[2:33:26] he wasn't going to get his way.

[2:33:29] So obviously, it wasn't his worth his time,

[2:33:31] but it's well worth my time.

[2:33:33] Saying it around, should be a new chair.

[2:33:36] Because like, I question you, sir.

[2:33:38] I believe you are a little bit corrupt.

[2:33:40] I do believe you play the class warfare game.

[2:33:42] that snappy, bujade, pager, and we won't tell her in an action city.

[2:33:48] You will treat us equally fairly and with respect when you talk about our city or you come to our town.

[2:33:55] You will not look down on us and follow us for what we cannot afford to fix or replace.

[2:34:00] We do the damn world best we can.

[2:34:03] And we're tired of being looked down at as the rented stepchild of this port district.

[2:34:08] It's going to change because people like me won't stand for it not changing so yes

[2:34:14] I do believe that this commission needs new leadership and we talk to the bottom

[2:34:18] Because you serve strike me as clear class warfare 101 and I'm guessing you probably live in a wealthy upscale district of town

[2:34:26] So no client or somebody and don't frown us because you don't like what you don't I would what you what you see

[2:34:32] we're not perfect

[2:34:34] so

[2:34:34] shows the respect we deserve

[2:34:36] or fine of the job, good day.

[2:34:41] Steven Gelbe followed by Jesse Marquez with Time-Seated by Mr.

[2:34:47] Peria, my apologies.

[2:34:55] The little commissioners, I need to keep in gel and I am the sender with me 15.

[2:35:02] After the commission decided its essential standing around the home. And strip her of the position of Vice Chair, the environmental community, anxiously awaited the report that we justify what seemed to be a shocking and unprecedented action. Those of us who know standing around her as a caring, respectful, ethical, and tireless advocate for the public good, wondered what terrible things she had done to the public.

[2:35:29] deserve the commission's actions. But the report, as others have said, was simply not convincing.

[2:35:38] As the editor of LaPrensa wrote, quote, it does not prove in the run who violated her duties or

[2:35:44] done anything more than voice or concerns with the performance of the commission's lawyer.

[2:35:50] Something she is both empowered and expected to do in carrying out her duties as a commissioner.

[2:35:57] drastic actions should not be taken without clear compelling reasons. With each passing

[2:36:03] day, as more information comes out about the past, specifically the Port of Los Angeles,

[2:36:10] the commission's decision appears to be in a worse light. Now is the time to rectify

[2:36:17] commission's error. National City needs its turn to have its representative serve as chair.

[2:36:27] I respectfully ask you to rescind the censor of Commissioner Naranko and vote to elect her as chair.

[2:36:35] And thank you for listening. I do appreciate the fact that you are listening and looking at us.

[2:36:40] Sometimes when you can public comments and other bodies, they're all looking at their phones. So thank you for that.

[2:36:47] We have Jesse Marquez with Time Seated by Paul Perilla followed by Ricardo Polito,

[2:37:00] you'll have four minutes.

[2:37:02] Thank you.

[2:37:03] Honorable commissioners, my name is Jesse Marquez.

[2:37:05] I'm here present as the founder and executive director of the Coalition for Safe Environment.

[2:37:09] We are a 22 year old environmental justice organization.

[2:37:13] I'm here with our board of directors president, Ricardo Polito.

[2:37:18] one of my staff, Paul Perea, and one of our volunteer community members.

[2:37:23] Thank you.

[2:37:24] We have submitted public comments to you.

[2:37:27] Our organization has focused in the 22 years on ports, freight transportation, and warehouse distribution centers.

[2:37:35] We have attended hundreds of port meetings and presentations, hundreds of port commissioner presentations in California, and as far as Savannah, Georgia.

[2:37:44] and so we've gained a lot of experience in that process, but in the process we also

[2:37:50] realize that commissioners oftentimes do not receive adequate training and

[2:37:55] education and their responsibilities. You have a fiduciary responsibility which

[2:38:00] is a legal responsibility to uphold various laws and policies. And many

[2:38:08] those laws and policies you may not have had training on which is why you are now

[2:38:13] making decisions which warranted your residents in here to notify us and ask us to step in.

[2:38:21] We take the position that we try to use baby steps and walking through you, what with you

[2:38:27] on some of the issues that we have found.

[2:38:31] The primary reason is you're not vote to elect pork versus because you have no statutory

[2:38:36] or legal authority to bypass circumvent election and Chairman Rotation requirements.

[2:38:44] On behalf of the public interest, and our members, we request you to lay and vote in on agenda 15,

[2:38:49] because you have no statutory and legal authority to prevent or censor a poor commissioner

[2:38:55] from being considered nominated, voting, and being voted for any office of decision on the Board of Commissioners.

[2:39:02] one B. On behalf of the interests, you have no authority and no

[2:39:07] stretch of the right to bypass the government and prevent the rotation

[2:39:11] of officers. In this case, National City appointed

[2:39:14] poor commissioner who would be the next and lying to be appointed

[2:39:17] or voted to the chairman position. See, your own

[2:39:22] port of San Diego legal attorney Thomas Russell failed in his

[2:39:26] responsibility to disclose to you that you would be violating the

[2:39:31] Kennedy ago unified port district memorandum rotation of offices dated 21 and the BPC poly number 00 which states that the

[2:39:39] President position is to be rotated annually and the policy for the election of the board of

[2:39:45] Vachera and Secretary this year that position is for Sandy Nettaho the secondary reasons that you have no statutory and legal

[2:39:53] 30th century another cities appointed board of commissioner your board and U.S. members have no

[2:40:00] Hello, statutory legal authority to accept a port of sandagals submitted resolution to vote and censor a

[2:40:07] signified sign ego unified district city's appointed commissioner. Be, the board has no authority or

[2:40:14] legal authority to vote to censor strip or deny another point city's appointed commissioner of their

[2:40:20] city obligations and rights to participate in any internal external committees. And it has been referenced

[2:40:26] before, your poor commissioners, you are not an elected body member who may be

[2:40:31] subject to any certain types of censorship. You also violated, you know, the

[2:40:36] Bagley King Act and the Brown Act and we outline those. So we ask that you take

[2:40:43] no position today because you'd only further violate your responsibilities. We

[2:40:47] also attach the fact that yesterday we submitted appeal requests to all five

[2:40:52] city councils. According to the law, an unelected body of a government agency, which is you,

[2:40:58] the public can now submit an appeal to that. There are other legal jurisdictions that

[2:41:03] govern ports, but not all of them, trained on, and which are the State-Nask Commission

[2:41:08] Coastal Commission that we also are filing requests for appeals or investigations. And thank you.

[2:41:14] Thank you, sir. Thank you. We now have Ricardo Politos, followed by

[2:41:22] Thank you very much, Honorable commissioners.

[2:41:25] You heard my executive director on the board chair, and I'm hearing I'm a

[2:41:29] pallet of everything I've heard today from you all and how you acted in the past.

[2:41:34] I commend the City Councilman to stand up and be here for his city and for the rest of the community.

[2:41:38] The other five cities will be also on notice and they will be here in the future.

[2:41:42] So be aware and be put on notice you in total violation.

[2:41:45] There's a lot of book commissioner, there's no such thing as censoring somebody who's standing

[2:41:50] up for the people and the community, shame on you has heard earlier. You have no right to let

[2:41:56] this gentleman over dictate you and staff driven a stuff to you guys. You should be better

[2:42:01] and no better. Some of you's intelligent know what you're doing up there but you seem like you're

[2:42:06] very stupid on this matter and very foolish on this matter and we will not tolerate it. We come

[2:42:11] from up and forth. Wilmington, California, Carson, California, all the South Bay. You could look

[2:42:16] because I've been on planning commission,

[2:42:18] I've been around town a little bit.

[2:42:20] I've never heard such situations like this

[2:42:24] that this poor lady's engulfed in.

[2:42:26] She has a right to speak and she has a right to be standing up.

[2:42:30] Shame on you, oh boy, in that work, guys.

[2:42:33] And you, with Mr. Nick Tonnich,

[2:42:34] you know what's going on there in San Pedro

[2:42:36] once you've done over there.

[2:42:38] And for you to be a conflict of inches of an attorney,

[2:42:41] you would be looked at by the AG.

[2:42:43] You could, some of you could get this part

[2:42:45] some of you could be in hot water. If you don't we send this today. The delays that they ask for,

[2:42:51] that's not the way I operate. As a Chairman of the Board, I look at my community and I look at my

[2:42:55] team and say, we work within the frameworks of law. And we violate them, shame on us. And I want to

[2:43:01] tolerate that for me, for anywhere in state of California, anywhere in the United States. I've been

[2:43:05] up and down. We East Coast, West Coast, Indian, Europe, and international world. And I will not tolerate

[2:43:11] that for this lady, for Respart residents.

[2:43:13] So let's act right, do the right thing now,

[2:43:16] rescind it, let her be the chairperson

[2:43:19] as she's supposed to be.

[2:43:21] And let's move forward as a beautiful county,

[2:43:24] and as a beautiful city of San Diego

[2:43:25] and the rest of our beautiful city, sir.

[2:43:28] So God bless you's on, and let's do it,

[2:43:30] because we're watching in the world to watch you.

[2:43:32] This can be national news very short.

[2:43:34] How can we fire?

[2:43:35] So wake up and shake up and move in either.

[2:43:37] Stand up and be counted with us,

[2:43:40] because we hire you, we fire you, you guys aren't even elected, so you know you're in hot water.

[2:43:44] So thank you very much and God bless you and God bless this community right here.

[2:43:49] Thank you very much.

[2:43:50] Kyle, hi, Stella.

[2:43:51] Followed by Laura.

[2:43:52] Welcome, since then.

[2:43:59] Kyle Aeskola with Environmental Health Coalition.

[2:44:02] I just wanted to say first to criticize the process, which has taken place to censor Commissioner Naronto.

[2:44:11] This has been a really difficult month for all of us who do business with the port.

[2:44:14] and it has been very challenging, a huge distraction from the work that we all need to be doing.

[2:44:22] The process was not transparent. It was not accessible to the public, and it represents a very

[2:44:28] harsh reaction with little to no evidence being made publicly available before the action was taken.

[2:44:34] The outcome of the century is extremely concerning as well. It effectively prevents national

[2:44:40] city from a community which has been historically overlooked and over-impacted by the

[2:44:47] Port Industrial Operations from having full representation and its fair turn as chair of

[2:44:53] the Port Commission.

[2:44:55] The Port's own policies and processes have been circumvented to accomplish this

[2:44:59] century.

[2:45:00] Which is gravely concerning. Community members have appreciated how Commissioner Neuronho took the time to be on the ground and have conversations with residents about how to improve the port.

[2:45:13] They felt seen and heard by her, while all of you have done some of that, I ask you all to reflect on how you can do more of that. To men the trust and restore the relationships with the community that have been damaged.

[2:45:25] Regardless of who leads this agency, I urge you not to waver in your support of environmental justice.

[2:45:33] EHC is not going anywhere, and we will continue to advocate for the implementation of the clean air goals,

[2:45:40] the polluting trucks to be electrified, and for this agency's work not to be slowed down by all of these concerning actions taking place.

[2:45:49] Thank you.

[2:45:50] Laura Wilkinson Stanton and followed by Marley Ramirez.

[2:45:58] Good afternoon commissioners and Councillor.

[2:46:01] On behalf, my name is Laura Wilkinson Stanton.

[2:46:03] Stop the sewage.org is my nonprofit on the Community Activist and also a business

[2:46:09] person in the Coronado case, which is also suffering under the sewage crisis.

[2:46:14] On behalf of nearly 40 organizations, faith-based non-profits and

[2:46:22] I do submit this petition asking the board commissioners to rescind the stripping of commissioner

[2:46:28] in the city of Rotation for her to be the chair and represent the city of national city.

[2:46:37] After reviewing the investigation, I was here at your last meeting when you did the actual

[2:46:41] center. It's pretty clear, and most of you are counselors, most of you are members of the

[2:46:46] bar. It actually reaches no standard of evidence whatsoever. No standard of evidence,

[2:46:54] which is where your own conclusion came through that, well, we're not really, she didn't

[2:46:59] really do anything that we can, you know, open an ethics investigation on. It was over

[2:47:05] reach on your part, to go for a center. And you even acknowledge the overreach yourself

[2:47:09] When you pulled back the part where she couldn't speak to any port employee as part of that punishment.

[2:47:16] So it's never the wrong time to do the right thing.

[2:47:20] There was no one doing on Mr. Ram House part and it makes you guys look like the bad guys here.

[2:47:25] And you're not bad guys. You are public servants and we know that.

[2:47:29] There was inadequate notice and a changing of your agenda, which is a violation of the Brown Act when you conducted that censure as well.

[2:47:36] And you never let Ms. Nranho respond to any of those allegations or let the public see it till after the center.

[2:47:44] So, really, isn't the center enough? She's chastened.

[2:47:50] That's clear.

[2:47:54] Poor employees have been seeking me out thanking me for showing up today in this building.

[2:48:00] You need to have your ear to the ground.

[2:48:02] I'm a six-buyer.

[2:48:03] During this time, Mr. Nranho has maintained her dignity.

[2:48:06] She wouldn't say a bad word about any of you if we held a gun to her head.

[2:48:12] She has showed up every day and done her job and represented her community and brought

[2:48:16] on her to this war.

[2:48:18] And so we ask you to join her on the high road that she has taken and we're sending the

[2:48:25] censure if you can and if not, just we're sending the stripping of her duties because that's

[2:48:30] what we ask for.

[2:48:31] I will submit this to the clerk.

[2:48:32] Thank you, I'm Marley Ramirez, followed by Isadora Maghali.

[2:48:41] Good afternoon, everyone. My name is Mareli Ramirez.

[2:48:45] I am a resident of Coronado, but I am here today representing the Coronado Democratic Club.

[2:48:53] This past weekend, we had the absolute pleasure to have Ms. Narangho, your speaker.

[2:49:00] She showed passion, she showed compassion, she showed leadership that was contagious in the

[2:49:09] room.

[2:49:11] She told us to stand up and speak for the people.

[2:49:15] We applaud and we're also for defending and voting against the cottages at the case.

[2:49:23] She hears the people.

[2:49:25] Now, for those of us who, for those of you I should say,

[2:49:30] who go, ah, woo, the world is going up, bravo,

[2:49:35] bring your attention to this moment.

[2:49:39] And don't be afraid of those like her,

[2:49:43] who question this status quo.

[2:49:46] Do not be afraid of those.

[2:49:48] You say, let's do things better.

[2:49:50] include the people, not just follow the money, it is okay to question those.

[2:50:00] Who might be having a little bit of conflict of interest somewhere else? Investigate others, do your job, but most importantly, remind yourselves that you represent the people, that you represent things that we can do for our planet.

[2:50:21] She is the perfect person to be chair.

[2:50:24] Her leadership is outstanding.

[2:50:28] I want to be like her.

[2:50:32] But I don't want to be like some of you.

[2:50:35] Because you've stomped on community.

[2:50:39] You've stomped on minorities.

[2:50:42] Enough.

[2:50:43] Be the change.

[2:50:43] I heard.

[2:50:44] Thank you.

[2:50:46] I wanted to let the board know that the paperwork that was submitted is

[2:50:51] among the papers on the DS that you have already received.

[2:50:55] The next speaker is Isadora McGaali, followed by Timothy Bylash.

[2:51:02] Hello, my name is Isadora McGaali.

[2:51:05] I work for an organization, a grassroots community organization called Mundo Gardens,

[2:51:09] which is face out of the west side of National City.

[2:51:12] I was also born and raised in West Trulvista and have a family that has been in the South

[2:51:16] Bay of San Diego advocating for our communities for generations in Barrio Logan National City

[2:51:23] I'm here at this meeting today, the first time I've ever been to a port of San Diego meeting.

[2:51:30] Sitting here waiting for us to talk about the thing that I think a lot of us were here for.

[2:51:34] And so far on the agenda, I've heard you guys talk about finding street vendors and making petty cabs, pay for things,

[2:51:42] and talking about these things for a long time.

[2:51:44] And I'm here because I'm looking at this port of San Diego logo of Cabrillo, which I think

[2:51:51] is really ironic or not ironic at all.

[2:51:55] And I'm thinking about the people that I work with in the Paradise Creek family garden

[2:51:59] in National City who aren't even able to plant corn or tomatoes or squash or foods that

[2:52:06] they want to grow and eat in the ground because our soil is contaminated with lead.

[2:52:10] So, I'm here thinking about the children that I work with in elementary schools in Southeast

[2:52:16] San Diego and National City in these low-income communities of color that people don't

[2:52:21] have access to food, people don't have access to quality air, people are getting asthma

[2:52:27] at rates higher than other places in the states.

[2:52:31] People have parents and grandparents with cancer and I'm thinking about our health and

[2:52:38] in the South Bay, and I urge you to rescind the

[2:52:42] censure of Sandy not on hope because I know that she cares about

[2:52:45] these things too, and I know that she's here thinking about

[2:52:47] those things and not just thinking about how to develop and

[2:52:50] make continued profits off of the Port of San Diego.

[2:52:52] She's thinking about our communities and representing

[2:52:54] our communities.

[2:52:57] And thank you, Sandy, not on hope for doing that.

[2:53:02] We have Dr. Timothy Bylash, followed by Marcy Bylema.

[2:53:13] Thank you, board commissioners, I'm not familiar with all of you.

[2:53:19] I've seen some of you because I attend Sand Egg meetings and that's really where I've seen the commissioner.

[2:53:25] I speak to item 15 election of officers today as an outsider.

[2:53:30] The citizen of Zerber, I'm up in Delmore.

[2:53:34] But I've attended probably 200 Sand Egg meetings over the past three years.

[2:53:38] And this does not look good.

[2:53:41] I became aware of this by an article I read online.

[2:53:46] And then I have reviewed the findings of the firm

[2:53:51] that the board hired, and I'm a little disturbed.

[2:53:55] I'm a physician and a scientist.

[2:53:58] And I speak today as a public citizen,

[2:54:01] but I have to disclose that I am a candidate for Congress in San Diego.

[2:54:07] but I am speaking from myself as an observer.

[2:54:12] I have not ties to anyone in this.

[2:54:19] In reviewing that finding, I'm not a lawyer,

[2:54:23] but I've read contracts because I'm an independent contractor.

[2:54:27] I don't find much law in it.

[2:54:31] I find a lot of opinion.

[2:54:33] I find a lot of in you end up.

[2:54:36] And so today, I asked you to consider whether this was misunderstanding or miscommunications

[2:54:43] or some way that this was not what it appears to be, and to support the election of Commission

[2:54:49] in Nanyaro for your chair and the continuation of the good work, same-day needs your representation

[2:54:57] in the port, we don't know enough about the important thing.

[2:55:00] So consider the consequences. She represents national city, I've heard, at the Sand Egg meetings, the Indian people's. And this is important. So thank you for your time.

[2:55:13] We have Marcie Vailama.

[2:55:20] Thank you for allowing me to speak. My name is Marcie Bioma. I've been along Sherman for the last 38 years working at the Port of LA, but I also have residency here in Lemon Grove.

[2:55:32] They say that the best defense is often a good offense and I'm wondering if that is what's going on here.

[2:55:39] And it seems like that is going on far and wide and that we're kind of in trouble in this country.

[2:55:44] Climate-wise, the fact that automation is taking people's jobs.

[2:55:50] And so we need people who ask questions and who consider other people and who consider other ideas and thoughts and

[2:55:59] to integrate and pursue those things and not just business as usual.

[2:56:05] I welcome the idea that the port will be able to welcome diversity, education and training,

[2:56:14] community building, complex resolution and shadow integration and other things.

[2:56:21] I am in support of Mr. Rangho's central being rescinded, and I also want to echo the sentiments

[2:56:28] that was expressed earlier by Jesse McKee.

[2:56:33] And that concludes Pappochana.

[2:56:37] Thank you. Commissioner Nalangho, I see that you would like to speak.

[2:56:46] Well, I just want to say to all of you.

[2:56:51] Thank you all for joining me today as we come together to express the gratitude of your unwavering support during this really challenging time.

[2:57:02] Your presence here confirms that we have a shared commitment to uplifting our community, our city, our region, our stakeholders in the benefit of our state public trust.

[2:57:12] Unfortunately, recent events have prevented me from assuming elected office.

[2:57:16] The unexpected center vote last month blindsided many of us, and it is disheartening to witness

[2:57:22] the impact as it has had our ability to contribute positively.

[2:57:27] It is a stark reminder that merely asking questions in seeking the truth should never

[2:57:31] result in such severe retaliation.

[2:57:35] Throughout my tenure, I have consistently advocated for equity, transparency, fairness,

[2:57:41] in accountability and every decision made at this dias.

[2:57:45] My intention has always been to ensure that the court district drives and that the voices of all

[2:57:51] stakeholders are heard and respected.

[2:57:53] It is with great regret that my confidential job review related professional ethics and fair

[2:57:58] bidding questions aimed at protecting the court were not independently and neutrally investigated

[2:58:04] and cleared.

[2:58:06] Leadership like Love is a verb.

[2:58:08] It is action and not words and not self-interested.

[2:58:12] I hope that having that me having asking the right questions at the right time in place

[2:58:17] with the obvious intent of helping the poor project itself with strong professional ethics and fair bidding process

[2:58:23] is properly viewed as leadership.

[2:58:26] I don't need really an official title to lead

[2:58:29] and haven't had a title without actual ethical action is in leadership anyway.

[2:58:33] Well, poor constituents need and deserve

[2:58:35] as ethical leadership in action.

[2:58:39] I've exhibited my leadership by asking questions,

[2:58:42] voting, my conscious, and focusing on poor ethical

[2:58:46] and legal compliance.

[2:58:47] And I remain ready, willing, and able to continue

[2:58:51] to stand up for strong ethics and transparency,

[2:58:54] regardless of my title.

[2:58:57] And again, I extend my deepest appreciation

[2:59:00] to each and every one of you who have stood by my side during this whole ordeal.

[2:59:06] Your support and faith in my abilities as a leader means the world to me.

[2:59:11] And with that, I would like to make a motion that we delay this officer vote today.

[2:59:21] Okay,

[2:59:23] we have a motion, do we have a second?

[2:59:32] Motion fails for a lack of a second.

[2:59:35] You've had your chance to speak, please.

[2:59:40] For lack of a second, the motion dies.

[2:59:44] No.

[2:59:45] No.

[2:59:47] Please.

[2:59:49] Sir.

[2:59:50] You've had your chances.

[2:59:51] Sir.

[2:59:51] Now, we're going to speak now.

[2:59:53] Please.

[2:59:58] So before I...

[3:00:00] Entertain a motion for a nomination of a slate of officers. I would like to say a few things as well.

[3:00:11] It pains me to hear many of the comments that I've heard from the public today because so many of those comments were from people who are friends of mine.

[3:00:21] People who I've worked with for many years in our communities.

[3:00:27] When I joined this commission 10 years ago, I was nominated by San Diego Councilman David Albrez.

[3:00:35] I was told that I would never get on the commission because I was not part of the establishment.

[3:00:42] I was too young, I was Latino, I was the president of the San Diego La Rasa Lawyers Association.

[3:00:48] And that that organization was too activist, it was too progressive and that therefore I would not be able to serve.

[3:01:01] Councilman Alvarez wanted me to serve because he wanted me to represent communities like the one that I'm from.

[3:01:10] It's ironic to hear some of this criticism considering that I'm a first-generation kid.

[3:01:15] My parents came here from Mexico.

[3:01:18] Neither of them have even a third grade education.

[3:01:23] And I have personally thought for these issues,

[3:01:25] including environmental justice before,

[3:01:27] it was even being discussed here at the Port of San Diego.

[3:01:34] And I really respect a lot of the people who was spoken here today.

[3:01:39] What we're doing right now is that we're about to vote for our leadership.

[3:01:45] Councilman Bush, just like you get to decide who your poor commissioner is in national city,

[3:01:52] we get to decide who our executive officers are.

[3:01:59] The reason people choose leaders is based on their qualities, on their leadership qualities,

[3:02:09] trust,

[3:02:12] character, integrity, honesty, those are the reasons why we choose our leaders.

[3:02:19] it is our prerogative to choose our leaders.

[3:02:24] There is no entitlement to become an executive officer.

[3:02:29] We have traditions, but those traditions are subject to our determination

[3:02:33] of a person having fitness to lead this organization.

[3:02:38] Now let's talk about what happened last month,

[3:02:43] which obviously affects what's happening here today

[3:02:46] and why Commissioner Naronho is not supported to become chair of this organization.

[3:02:54] She was censured.

[3:02:56] Now, there's been a lot of discussion about evidence in wrongdoing and the conflicts

[3:03:04] of interest.

[3:03:05] The censure was specifically about her retaliating against an employee now.

[3:03:12] When I was going up, my parents were humble people.

[3:03:16] On many, many occasions, I heard my parents being mistreated by their employers, people and

[3:03:24] a position of power,

[3:03:27] what I witnessed, and it's in the report from Commissioner Naronho against

[3:03:33] our General Council Russell, was a hit job.

[3:03:37] It was outrageous, and if my mother or my father or anyone else had been treated like that,

[3:03:46] I would not stand for it and this commission did not stand for it.

[3:03:51] This censure was about what happened in that close session and how she treated it and

[3:03:55] employee.

[3:03:56] Even if everything in that commissioner on ho has said about our general counsel was true.

[3:04:02] There was a right way to pursue that, a legal way to pursue that.

[3:04:06] An employee has rights.

[3:04:09] Now after that happened, I, as chair of this whole year, I never heard another word about

[3:04:15] it from Commissioner Ron Hill. She shared the audit committee. Nothing ever happened if there was

[3:04:21] such an egregious concerning issue to Commissioner Ron Hill, why didn't she do anything else about it?

[3:04:28] Now let me give you a little bit of backstory. This is in the report, but it gives you the backstory

[3:04:36] on what led to the retaliation. Shortly after joining the Commission Commissioner Ron Hill,

[3:04:41] She complained that this organization was discriminatory, it was racist, it was classist, et cetera, et cetera.

[3:04:49] Upon learning that we had a legal obligation to investigate that complaint, she tried to retract the complaint.

[3:04:55] She didn't cooperate with the investigation. She refused to be interviewed for months.

[3:05:00] And months, and months. Ultimately, she was not interviewed and it was bound that there was no findings of what she had alleged. What did that engender in her colleagues?

[3:05:14] Distrust. Distrust that this person made such a serious complaint and then did not participate in the investigation.

[3:05:22] Just a few short months later, these conflicts of interest issues arose, serious conflicts

[3:05:29] of interest issues, affecting the biggest project in the history of the Port of San Diego

[3:05:34] a $1.2 billion South Bay project that is currently employing 4,000 construction workers,

[3:05:40] people that look like us.

[3:05:45] There were potential criminal implications for those of us on this commission who were just

[3:05:51] volunteers. Despite repeated requests for her to answer questions, it didn't take five days,

[3:06:00] it didn't take five weeks. It took five months before she finally answered to the second

[3:06:07] outside ethics attorneys satisfaction based on her own representations that nothing had occurred

[3:06:14] that would create a conflict. How do you think we felt as for colleagues? That this failure

[3:06:20] to cooperate was occurring for almost for five months.

[3:06:23] Didn't instill any confidence in her colleagues.

[3:06:25] I can assure you of that.

[3:06:27] At one point, she even told the general council,

[3:06:29] I would like an opinion clearing me of conflicts within 24 hours.

[3:06:36] Because my council, my city council,

[3:06:38] is concerned about the allegations.

[3:06:40] He was even more frustrating that we couldn't get the questions answered

[3:06:43] and lighted the fact that we thought,

[3:06:45] well, her council is concerned about this.

[3:06:47] So why can't we get to the bottom of this?

[3:06:49] We can, we can peacefully run.

[3:06:50] We This serve, serve, serve.

[3:06:52] I, you've got to speak, serve.

[3:06:55] Sir, please, let me finish.

[3:06:56] Sir, please let me finish, please let me finish, please let me finish, please let me finish.

[3:07:00] Sir, please let me finish.

[3:07:01] Please let me finish.

[3:07:03] Don't just resolve those problems.

[3:07:04] Please, let me finish, Sir, please let me finish.

[3:07:07] Please let me finish.

[3:07:08] Should I restart?

[3:07:09] She then made these very serious allegations of corruption against our general counsel and

[3:07:14] closed session, without any credible backup.

[3:07:17] In fact, we, immediately, were able to determine that this lawsuit that she had mentioned

[3:07:22] had been dismissed, didn't instill much confidence or trust in our colleague.

[3:07:30] We then had a legal obligation because it appeared retaliatory what we witnessed.

[3:07:35] One of the commissioners in the investigation said it was a radical, personal encounter,

[3:07:39] executed, and a personally egregious way.

[3:07:41] It's hard to express and a written report what we witnessed in that meeting.

[3:07:46] It was outrageous, unacceptable, and illegal.

[3:07:55] She refused to be questioned or participated in an interview by the first investigator

[3:08:02] that we selected.

[3:08:04] We selected that investigator because it was a black woman, progressive, and we thought

[3:08:08] Commissioner Ranho wouldn't have any issues with that person.

[3:08:11] After several months, several months of not scheduling an interview, she finally

[3:08:16] agreed to be interviewed, and then quickly objected to that person. So then we went

[3:08:21] found another person, another outside investigator from Northern California with

[3:08:25] no ties to the region, no ties to anyone. She participates. As part of that

[3:08:32] investigation, she uses that investigation to continue to try to make her

[3:08:36] case against our general counsel. She used the investigation to continue to make

[3:08:42] her case that something had occurred.

[3:08:44] She accepted the investigation.

[3:08:46] She then participated in the investigation,

[3:08:48] but then when the investigation came out

[3:08:50] and the report came out, she didn't like the results

[3:08:52] of the report.

[3:08:53] Now she attacks the investigation.

[3:08:55] Now she attacks the report.

[3:08:58] That doesn't add up to me.

[3:09:00] And I don't think it adds up to my opinion of my colleagues.

[3:09:03] If she had so many concerns,

[3:09:04] why didn't she tell her council?

[3:09:06] Why didn't she tell her council about all

[3:09:09] of these concerns, all of these issues?

[3:09:11] It's not our job to snitch on our member cities, commissioners, they need to speak to their councils if they have issues.

[3:09:21] Now, sir, please, let me finish, please.

[3:09:25] The board's decision to censure commissioner Nauronho, it stands.

[3:09:30] She will not be eligible to become an officer today or tomorrow or thereafter.

[3:09:38] Today we will choose our leaders based on leadership qualities and that we trust them, that we trust them to lead this organization.

[3:09:49] Commissioner Naronho is still a commissioner. She can vote. She can meet with stakeholders. She has a voice.

[3:09:58] But she's not going to be enough.

[3:10:00] Now, I'd like to talk a little bit about environmental justice because we've heard a lot about it, and people are conflating two separate issues, two separate issues.

[3:10:13] Sir, please.

[3:10:16] Sir, help your cause. Sir, we let you speak. Please,

[3:10:23] please, please.

[3:10:23] Senate men were entitled to hold a meeting with decorum. Please, please, please, please.

[3:10:30] Please, please, please.

[3:10:31] Audience, please.

[3:10:32] Thank you. This organization, during the ten years that I've been here, has taken tremendous

[3:10:39] strides to address the issues that you're concerned about, Councilman Bush, major progress.

[3:10:47] In 2010, we're the first port in California to implement shore power for our cruise vessels.

[3:10:56] In 2013, we were one of the first ports in the country to adopt a climate action plan.

[3:11:03] The first.

[3:11:04] In 2014, we introduced environmental justice as an element in our portmaster plan update, had not been done before.

[3:11:11] In 2015, the balance plan that we hear about all the time in national city,

[3:11:15] That was done with our all-manational city poor commissioner, Duki Valderama, and the Mayor of National City, Ron Morrison.

[3:11:23] In 2016, we did a programmatic EIR at the 10th Avenue Marine Cargo Terminal, so that we could redevelop that cargo terminal.

[3:11:32] And when we fully built it out, when that happens, we will have less air pollution than we have today with the 400 increase and throughput.

[3:11:42] In 2018, we offloaded the first electric off-road trucks at the 10th Avenue Marine Cargo

[3:11:48] Terminal.

[3:11:49] In 2020, we entered into a multi-agency agreement for Harbor Drive 2.0, which will

[3:11:53] help keep trucks out of the barrio and improve air quality and improve the quality of life

[3:11:58] for those people.

[3:11:59] I was all before Commissioner Naronho joined this organization.

[3:12:05] Folks, this commission and this organization is committed to environmental justice, and we've

[3:12:09] putting our money where our mouth is, tens of millions of dollars. This year we have received

[3:12:16] $80 million dollars alone this year in state and federal money. We've already committed to

[3:12:21] spent over $60 million dollars to electrification efforts. The first fully electric mobile

[3:12:26] harvour cranes in North America. Next year, the first fully electric tugboat, more shore power,

[3:12:33] more electric cargo handling equipment. We have the most aggressive electric truck

[3:12:37] goals in the entire country at the port of San Diego. It has been a team effort and we will

[3:12:45] continue to do all of that work. Now we did get a letter from an LA-based group, Mr.

[3:12:53] Marquez appears that he has left. Look, if we haven't seen any evidence of anything that

[3:12:59] has been alleged against our general counsel, actual evidence. If you've got some, bring

[3:13:04] with love to see it. But all we've seen is in UNDO. And frankly, I have been quiet about

[3:13:14] saying anything about our general counsel because I did not want to do any additional harm

[3:13:19] from what has been happening and ongoing and continues to be perpetuated, which is attacks

[3:13:24] through proxies and Commissioner Naronho's attorney.

[3:13:30] Show us the evidence. Mr. Russell

[3:13:33] has been one of the most exemplary public servants that I have ever served with.

[3:13:38] He's got a 40-year legal career, 20 years in public service, 20 years in public service.

[3:13:47] It has been incredible to see what has been said, what has been done with respect to him and his

[3:13:55] character. Like I've said, if you have actual evidence of actual financial conflicts of interest,

[3:14:02] we would love to see them. But if you don't, then I would love to get beyond this incredible

[3:14:09] distraction for this organization. We get to pick our leaders. We do not have confidence in

[3:14:17] commissioner Narlan Hill.

[3:14:23] And with that, I will entertain a motion for an nomination for a

[3:14:26] slate of officers for 2024. I would actually like to speak because I felt like you've mentioned

[3:14:32] And so much that I haven't had the chance to respond to any of the claims you have made.

[3:14:37] First of all, let's go back on the timeline when you said how this all started.

[3:14:41] First of all, when I had shared with former chairman, Mike Suket, I was just sharing about

[3:14:48] how I was feeling down, about not being treated well.

[3:14:52] And so then that's what triggered the hiring of an outside counselor.

[3:14:56] At that same time, I wanted to make sure that if I'm gonna do it

[3:15:00] I wanted to be represented because I don't know who that outside council was. I want to make sure my voice was heard. That very same time, outside influence started attacking me saying that I was engaged in pay to play, because during that time, my ex has been and I started open to business account and we were hoping to do business and to do consulting work not related to port. And because I got stressed out, didn't know what to do because this was off first.

[3:15:28] The first time, first time I was in public service, I didn't know why people that I lined with were accusing me of pay to play.

[3:15:37] So at that time, I did talk to Mr. Russell, I met with Sutton, they did analysis.

[3:15:42] And I thought it was good, and that means mind you, I was not working in my consulting.

[3:15:46] I never received income. We opened it and we closed it, which is noted in the Gary Winnick memo.

[3:15:54] So, first on that, so second, going into the investigation, so going into close session,

[3:16:04] I bought it up because I didn't want to do it publicly like we're doing this today.

[3:16:08] I wanted to have a chance.

[3:16:10] I wanted to make sure that we truly investigate if there's clear answer clearance, but

[3:16:15] everyone shut me down.

[3:16:17] So that stopped and nobody told me afterwards, actually it was only you, on my birthday

[3:16:22] when I called you a week later, you told me there would be consequences for I did and I felt bad

[3:16:26] because I just wanted to ask questions because I was hearing these things. I don't want to take it as

[3:16:31] truth. I wanted to get down to the bottom of it. So then when the investigator was hired,

[3:16:37] Jan is Brown, again, I want to make sure I had a fair voice. And so, so I told the deputy

[3:16:46] general counsel, I want to make sure, like, no, no, no, she's a professional. It's not that,

[3:16:50] I'm saying she's not a professional, I wanted a fair process.

[3:16:54] And so it wasn't till the summer, you know, what happened with our CEOs, our CEOs

[3:17:00] don't leave when that happened, then it was a commitment to change the outside counselor

[3:17:05] to make sure it was fair.

[3:17:07] But the thing that was misleading about it is that one,

[3:17:12] it was already, it was already

[3:17:20] that my ex-husband was told by the Deputy General Counselor who was in charge of it that, you

[3:17:26] know, she's telling my ex-husband and his family that I'm going down. So there was already a

[3:17:31] decision, no hurry to determine. So what process did I have? I had no process. And it wasn't

[3:17:37] until I finished, when I finished investigation, I'm going to say this. When I finished those

[3:17:41] interviews, I wrote a statement because I knew they were going to twist my words, I knew

[3:17:48] So I made sure I wrote down I was like here's the fact this is what happened. This is what I heard

[3:17:53] This is what I did in December. This is the effects that happened afterwards and that was what I was told

[3:17:58] It was going to be heard and it never was and never was looking to people that I put in that report

[3:18:04] We're never investigated and never interviewed and so this was never this is not because I refuse

[3:18:11] No, I did refuse. I wanted to do it right, but there's all these attacks coming in and out

[3:18:16] And I was compliant.

[3:18:19] So at the end of the day,

[3:18:21] this is not because I'm this terrible employer now,

[3:18:25] because actually my form of background number,

[3:18:27] I was a union organizer.

[3:18:29] I advocated for workers' rights.

[3:18:31] My dad, a blue color worker, my mom, both of them immigrants,

[3:18:36] both of them poor.

[3:18:38] Learning English is a second language.

[3:18:40] So yes, I come from the working class,

[3:18:42] background, and I know what it means to advocate for rights

[3:18:45] you don't have rights. But I wanted a fair process, and that was not granted. Not granted. And then actually,

[3:18:54] you know, obviously the Central Decision was made a week before, because then I get told

[3:18:59] about Monday. I get Monday morning. Oh, yeah, by the way, you're getting censured. I didn't even know

[3:19:05] what I was like, wait, what's going on? Especially if the decision was made. What, Wednesday? Right?

[3:19:10] when I was so I had to keep like nothing told.

[3:19:13] So that means there was an actually made that day.

[3:19:17] People waited Wednesday, people waited Thursday,

[3:19:19] people waited Friday, waited Saturday,

[3:19:21] waited Sunday, Monday, and then Monday,

[3:19:23] they get a call.

[3:19:25] And so, and to be fair, when I was committed

[3:19:28] because I didn't want to breach confidentiality,

[3:19:30] not talk about close session, I didn't go to

[3:19:33] tell my city council, oh, this is what I said,

[3:19:36] and this is what I said in close session,

[3:19:37] because what happened in close session is what happened in close session.

[3:19:40] But I did make aware of my council members. I was like, yeah, you know, I know, you know, commissioners make them comfortable with me

[3:19:47] But I'm trying to work on it. You know, I've reached out. I've talked to you know

[3:19:51] I've had coffee with some of you had conversations, you know, and and at the end of day

[3:19:57] Nobody was really straightforward me saying I'm still mad at you for a

[3:20:00] This issue.

[3:20:02] So this was not fair. It was just not a fair process. And so the community, and I really think the community, because I would have never know what the report said. And because the community came out last minute, they demanded, and that's why you guys waved it. So again, it's just like, this is what we do, right? This is what the report does.

[3:20:28] So, I wanted the third process, I was not given the third process, I was already accused guilty,

[3:20:35] I was already accused of malicious, somehow it's in my self-interest ask questions, what's in my self-interest?

[3:20:42] What is in my self-interest ask questions about things I hear and Los Angeles?

[3:20:47] What do I gain at it?

[3:20:49] Does my income go up?

[3:20:51] Does my popularity go up?

[3:20:53] Because I didn't close session. I you know what it was really about me. I would have done it right here

[3:20:58] I'm Commissioner of Commence of like you know what time I sold you are X no

[3:21:02] I didn't even say you are corrupt in that room. I just asked questions

[3:21:08] So then again, and that was never sat down and told okay, Sandy here's the fact X Y and Z no none of that was ever granted

[3:21:16] It was just misleading. It was misleading for the beginning. It was already against me and my council had already heard

[3:21:23] You know, my council member can attest. Here are rumors. My whole city council mayor. Yeah, yeah, there's a tends to remove you a tends to remove you. Again, you know, what I'm hearing is that from the port side using port resources to advocate to my mayor and council to remove me.

[3:21:40] If this was the other way around, if I was going to go into your city, say, hey, remove Rafa, remove Malcolm, remove our toss in, you know, there will be big backlash, right? But there's nothing because what did I do just ask questions?

[3:21:52] So, is that we want to be known if you ask questions, where are we sitting to stop?

[3:21:57] If staff sees something wrong, if you ask a question, be aware, you'll be retaliated.

[3:22:01] That's the message we're sending.

[3:22:05] And I'm just going to say, I mean, of course, I already know what the decision you made for your officers today.

[3:22:11] And whatever the list is, I'm going to vote no on it because again, it goes against our own board policy one.

[3:22:18] And I have not shown that I'm just malicious self-interest because I was not giving that due process.

[3:22:25] Not.

[3:22:27] You know, you could have told me, Rapa, like, hey, there's going to be an investigation.

[3:22:31] Hey, hey, we're going to hear your side. Nothing. I get an email.

[3:22:36] And I'm pressured by timing because you guys wanted to have a close session discussion within a few days.

[3:22:44] It's not fair. It's not fair.

[3:22:46] So I'm going to know because it goes against it and again, this is not about just me, this is about my city.

[3:22:53] National city was slated to be chair, the last time national city was chair was 2017.

[3:22:59] And so you're telling my city, yes, politically the center her because she's never going to be chair.

[3:23:05] Because I'm telling you, when I talk to other courts in Niagara commissioners be censored, they don't get prevented from holding office.

[3:23:13] And I heard what other commissioners done, they got surgery, and it was really bad.

[3:23:17] And so this is a political strategy to censure me, prohibit me from holding office,

[3:23:24] tar and feathered me, not give me due process, because you're telling my city remove her.

[3:23:30] That's what you did.

[3:23:33] I have no gratitude towards that.

[3:23:35] None.

[3:23:36] So I'm voting no against this because this unfair, not just to me, but unfair to the city,

[3:23:42] unfair to the public because they deserve the right to know the full process.

[3:23:46] They deserve it. So it's unfortunate we're here. I'm so sorry that this is

[3:23:52] to become a distraction and I'm going to tell you all even though we get the

[3:23:56] new rotation of officers for 2024. I'm still committed. I'm still going to vote.

[3:24:01] I'm still going to ask questions and I'm still going to do my job. And I have much respect for

[3:24:05] the poor staff. I respect for everything you do to hours you work. I respect all the

[3:24:10] I come in and hearing this, I respect all of you, and sometimes we may not agree on certain things, but you know what?

[3:24:17] I'm willing to do the hard work and to get us there, to get us there to how we can make this port district the most amazing district.

[3:24:25] And with that, whatever motion, I'm going to know.

[3:24:28] Mr. Chairman, I know that there's people that want to speak that are already lined up to speak.

[3:24:32] I would just ask for one thing here, we should not be relocating this investigation today.

[3:24:39] I'd rather not do that. Let's stick to what is before us. That is the election of the officers for 2024.

[3:24:47] In due time, I'd like to make some remarks.

[3:24:50] Okay. Commissioner Malcolm.

[3:24:53] Okay. Well, I'll defer to Commissioner Kass and if he'd like to make remark right now.

[3:24:57] Well, no, what I'm...

[3:25:00] Let me make my remarks. Okay, look,

[3:25:06] everybody knows I served on this board in the 90s. Everybody knows

[3:25:10] I was happily retired. Sitting at home and joining my 60s, I was asked to come back. I did something

[3:25:21] that nobody's ever done. Came back to represent a different city within the member's cities.

[3:25:28] But he's never done that.

[3:25:32] What I was asked to come back.

[3:25:35] I was happily retired.

[3:25:37] I was asked to come back, because obviously,

[3:25:40] I must have done a pretty good job in my tenure here.

[3:25:45] When I served on this board, I was in my 30s.

[3:25:49] I'm now in my 60s.

[3:25:52] When I was in my 30s,

[3:25:55] I knew how a commissioner should comport themselves.

[3:25:59] I must have done a pretty good job in that ten year, in those ten years that I served initially.

[3:26:06] And Sean was here, Sean was a young intern at the time.

[3:26:12] I was asked to serve his chair twice.

[3:26:15] Two times.

[3:26:18] Lucky is the commissioner that gets to serve what?

[3:26:23] I got to serve twice.

[3:26:25] And I got to serve twice, I think, because also I must have done a good job.

[3:26:32] I must have deemed the respect for my colleagues.

[3:26:37] They asked me to serve twice.

[3:26:39] Now, I know enough about this port to know

[3:26:44] that the rotation of officers is not a guarantee.

[3:26:50] You don't send just because you're a secretary

[3:26:53] that you're going to be vice chair next year.

[3:26:56] That's not the way it works.

[3:26:59] If you turn your stripes, if you turn your stripes at this organization, you have to get the

[3:27:05] respect, because nothing binds any of us from selecting the person just because they were

[3:27:14] secretary last year or vice-year to ascend to the chairmanship.

[3:27:19] You have to earn it, you have to earn it.

[3:27:22] Now, what we're talking about today, if you want to come in here and give us a bunch of

[3:27:28] that this is racism and what have you save it for another day, save it for when there's real racism causes out there.

[3:27:37] Because that's not what this is.

[3:27:41] The representation of any one of our member cities is not impacted by this decision today or the censorship.

[3:27:50] It is not, you can keep your comments to yourself.

[3:27:56] And if you don't agree with me, that's okay, I listen to you and I want you to listen to me.

[3:28:02] Now,

[3:28:06] as we, I really think Mr. Chairman that what we need to be in talking about here today,

[3:28:10] there's one item that's here before us.

[3:28:13] I don't want to we litigate what took place already. We already did that.

[3:28:16] We had a third party independent from the law and do the work.

[3:28:21] If you like the results or not, if you liked what was in there or not,

[3:28:24] But if you thought it was a nothing burger, the people that sit up here on the diet still

[3:28:29] didn't state that,

[3:28:33] I want to keep the discussion today to what's before us, the selection

[3:28:39] of the officers for 2024.

[3:28:45] Thank you.

[3:28:46] Commissioner Malcolm.

[3:28:48] Thank you, Chair.

[3:28:51] Well, of all the commissioners up here with the exception of Anne Moore that's maybe four

[3:28:57] days behind me. I believe I'm the dean of this board. I've sat here over 13 years, almost

[3:29:04] 14.

[3:29:07] And before that, I was a city councilman. And before that, I was on the board of

[3:29:11] Sharp Health Care with 22,000 employees. And before that, I was on a lot of other boards,

[3:29:18] administering $300 million funds to sweetwater schools. I've been on a lot of boards.

[3:29:26] Unfortunately,

[3:29:27] And I have never seen the kind of outbursts in a meeting that I've seen today and all my

[3:29:33] experience and being on boards and I'll tell you something, you all have the absolute

[3:29:37] right to get up and speak your mind and that's why we have comment time.

[3:29:43] What you don't have the right to do is to cat call after that time is over because you all

[3:29:49] would not appreciate it in your chamber.

[3:29:52] I certainly wouldn't have when I was a council member and I don't appreciate it here nor do I appreciate the added

[3:30:00] Common and Attacks, specifically at our chair. It is totally inappropriate. You've got the absolute right to say what you want. You attack our

[3:30:10] chair, add hominema tax, you attack our employee. I heard calls of criminal out there. If you think it then bring it. Bring the evidence. I have worked with this man for over 10 years. I have, I don't think

[3:30:26] early, work with somebody that is more upstanding, that is more ethical and moral than Tom

[3:30:33] Russell. And I've had a chance to observe him through, I believe, what Tom, over, over

[3:30:38] a decade, over a decade. And I'm saying that is a public servant of very experienced public

[3:30:45] official and board member. So your own title to your opinion, but if you, if you have actual

[3:30:52] facts as the chairman has just said bring those facts. If not the in you window in the personal

[3:30:59] threats against us, totally not appropriate and they were made to date. Now this is not an action

[3:31:09] against national city and I totally agree with my colleagues last comment that I am committed

[3:31:16] to work with her. First of all, I don't choose for her to be on the board. National city does.

[3:31:21] I am going to work with her for

[3:31:24] international city on the balance plan on other initiatives.

[3:31:29] It's why I voted for the money for the

[3:31:31] much more money than my city got a lot more dollars.

[3:31:35] I've got to go back to my council and I have to just to

[3:31:38] justify my vote of national city getting millions more

[3:31:42] than we gave my city.

[3:31:46] And my city as you may or may not know is number one

[3:31:48] in the county and the poverty under the poverty line.

[3:31:51] not yours, mine. My city is suffering from huge inequity in environment, huge. Our

[3:32:00] air quality is awful. So I, you know, I have sat here 13 years and I identify with

[3:32:08] with with with these with these items and it's very hard for me to hear that the city

[3:32:12] has not been represented. I remember in 2015 when I came to Urandon when I was going to be

[3:32:17] for the first time? What did I say? National City Balance Plan is going to be on the agenda this year.

[3:32:26] And staff told me, Dan, this is really tough because nobody, nobody can figure out what to do

[3:32:32] and I said, you know what? We are going to get it on and we are going to move it forward. I'm sure

[3:32:37] you remember that discussion? Because it was a commitment to the city. We have a commitment to all our

[3:32:43] city. I am very committed to national city and your needs. It is not about you. So we don't

[3:32:52] today have a motion to undo a sensor on this agenda. We have a motion and a rotation of officers.

[3:33:00] And let me just correct the misconception that I heard out there. Because I heard a lot of legal

[3:33:06] opinions out there in the audience. Yes, we have a policy board policy one on rotation of officers.

[3:33:13] No, the board policy does not say that there is any particular order of rotation.

[3:33:18] It says Commissioner Ertasson said, Commissioner, Chair, Castiano said, you have to

[3:33:25] learn that.

[3:33:26] So we have the obligation and the right to pick whoever we want to be officers of this

[3:33:33] organization.

[3:33:34] There is no law that says otherwise.

[3:33:36] If you think there is, bring it, show it to me, doesn't exist, I've read the law.

[3:33:43] So with that, you know, this is a really, really unfortunate situation, but Sandy, I want you to know something, I am going to work with you on your city's needs.

[3:33:54] I have respected you as a colleague. I, you know, this is an unfortunate situation, but I am going to make a motion now for the officer if that's appropriate to her.

[3:34:05] It's not, I can do that at a later time.

[3:34:07] It is appropriate. Okay, I'm going to move Frank or Tasson as the 2024 chair. I'm going to move Daniel Moore is the 2024 vice chair and I'm going to move and more is the 2024 secretary officers of this organization.

[3:34:21] I'll second that motion.

[3:34:24] Do we have more comment?

[3:34:28] Commissioner Moore. Sure. I'll speak.

[3:34:36] I'm pausing because I want to just take a breath. I know that this is a difficult meeting.

[3:34:41] the topic of this meeting is very emotionally charged.

[3:34:47] A year ago, almost a year ago, we took a vote.

[3:34:53] And before we took that vote, all of us came out here,

[3:34:56] and we had a vote for the slate of officers.

[3:35:00] And no one reached agreement on that vote. If anyone was present, each of us were asked to vote and we could not. And that was on the heels of the subject of the report. And that was a no-confidence vote.

[3:35:16] And following that meeting where we ultimately acquiesce, we did not have a report, we hadn't done the research, we did not fully investigate everything, and it seemed unfair to make a decision at that time.

[3:35:29] But we sat in that meeting and we saw what happened, we saw the exchange and I was the first person to speak up.

[3:35:35] My heart was racing, I was absolutely uncomfortable with the exchange between Commissioner Naronho and our General Council.

[3:35:44] It did not seem right to me, it did not seem fair.

[3:35:49] And I am still the newest kid on the block.

[3:35:52] It seemed inappropriate for me to speak, but I spoke up because I did not feel like it was right.

[3:35:56] And this is what I told Commissioner Naranho.

[3:36:01] I don't throw rocks and hide my hand.

[3:36:04] I'm straightforward and I'm honest.

[3:36:06] And I told her I did not like what happened in that meeting.

[3:36:10] I told her I felt like it was wrong.

[3:36:15] And when we talk about being in this position,

[3:36:19] we are each sent here by the member cities.

[3:36:26] And we each have a responsibility,

[3:36:28] not just to our cities, but to the people of California.

[3:36:32] We are empowered as stewards of the tidalans, not as stewards for national city or San Diego or

[3:36:40] Chula Vista.

[3:36:42] Our purpose on this board is so much larger than who we are.

[3:36:49] And Commissioner Ranho was sent here by National City and she talked about, you know, she's

[3:36:56] here to ask questions.

[3:36:59] Well, I have a new commissioner, the questions that I ask are, what am I at the co-responsibilities?

[3:37:05] What is the relationship that I'm called to have with employees?

[3:37:11] How do I negotiate and be successful in this position?

[3:37:17] I have the opportunity to serve as a chair,

[3:37:21] but I did not think that I was ready.

[3:37:23] I wanted more time to learn this organization

[3:37:26] to take a tour of patient, to understand the operations of dull,

[3:37:30] to understand all the intricacies that go into having this power

[3:37:36] and being a voice for the community.

[3:37:41] And while we're asking questions to be advocates on behalf of different groups,

[3:37:45] we also have to take professional questions and ask,

[3:37:48] why are we here, what is the extent of our power,

[3:37:51] what is the scope of our authority?

[3:37:55] There's some responsibility that the City of National City has to have.

[3:37:59] Because when she came here and she talked about,

[3:38:01] she did not know about pay-to-play,

[3:38:03] that's responsibility on the National City,

[3:38:05] in terms of the candidates that they sent here and the training that they give them, give them

[3:38:10] and the preparation that they have to serve in this role and in this seat. And I don't

[3:38:14] not think that that is something that national city can can jerk or that they can say that

[3:38:20] they are not responsible for. This is a major platform. This has an impact on so many millions of people.

[3:38:29] This is much larger than even San Diego county, the amount that we generate, as an organization,

[3:38:39] the economic impact that we have, is a big deal.

[3:38:45] So the candidates that you send here need to be prepared to sit in a seat.

[3:38:50] And this is not to downplay Commissioner Ronald, what we have heard repeatedly is that she is an excellent advocate.

[3:38:58] that she is passionate about the community, that she is enthusiastic about her job,

[3:39:07] but that

[3:39:07] has to meet preparation, that has to meet training, education, for such a large responsibility.

[3:39:17] So, I don't think that that is something that Commissioner Rano should bear alone.

[3:39:21] I think there's some responsibility on the city of national city to help her prepare to be in

[3:39:27] position to ask the right questions and make sure that there are no violations.

[3:39:36] The last thing that I would say is that I'm bothered when I hear so many people come and

[3:39:43] say that they are entitled to have a position.

[3:39:47] When I was appointed, I was not told that the people who are currently serving as Vice Chair

[3:39:54] and Secretary that I have to vote for them in order to progress them on to the position

[3:39:59] chair and

[3:40:01] We each are entitled to a vote. That's not something that we relinquish or that we give over to anyone, despite the pressure, or whatever is said in the audience about how we vote. That is our vote.

[3:40:14] And no one is entitled to it. We each are entitled to decide who will lead this organization, who will lead this body.

[3:40:21] And I agree with chair, with our chairman, that there was diminished confidence,

[3:40:29] and as I started with that was reflected last year, when no one wanted to vote for the slate of candidates, and I was one of them.

[3:40:42] And this year we had a report, we had more information, and I will move forward with Commissioner Malcolm's vote with the slate that he proposed.

[3:40:55] Thank you commissioner.

[3:40:58] Commissioner Moore?

[3:41:00] Yes.

[3:41:03] So I just have to gather my thoughts.

[3:41:05] I think everybody here has been very emotional.

[3:41:09] Myself included.

[3:41:10] First, I want to say I agree with the fact that no one is entitled to be chair of this organization.

[3:41:20] It is based upon the other commissioners deciding that you are the appropriate person

[3:41:26] to be chair of this organization. So there is no entitlement to a position. Second, I want to

[3:41:34] make it clear that this does not mean that national city is forsaken. I think that you've heard

[3:41:41] National City has heard over and over again that we are all committed to work with your commissioner

[3:41:46] and we're all committed to put the cause of national city forward as we have done in the past

[3:41:52] over and over again. So it doesn't change anything with respect to that. And you know what

[3:41:58] when you think about it, there's five member cities. Each member city gets a chance every seven

[3:42:05] years, every ten years, to be chair of the organization. It doesn't mean for the rest of the time

[3:42:11] that the rest of the cities don't get to do things that are important to their community. And it

[3:42:17] it means that their city is not represented because that's not true. So the

[3:42:22] chairmanship in my mind is totally different than the representation of a

[3:42:27] member city with respect to the interests and the issues that are important to

[3:42:31] that community. I think there are two different things here. So it's unfortunate

[3:42:36] that we're at the place that we are today. It's unfortunate that we are all

[3:42:43] placed in this situation.

[3:42:45] But honestly, the chairmanship is based upon who we all believe

[3:42:50] can run and can actually lead this organization.

[3:42:54] When you look at Mr. Commissioner Tassen,

[3:42:57] he, I have a lot of respect for him.

[3:42:59] He has wisdom.

[3:43:01] He's been chair twice in the past.

[3:43:05] He has been a commissioner of two member cities.

[3:43:08] I mean, I don't think that's ever been done before.

[3:43:10] one of the member cities being a South Bay community. So I think that that's actually a perfect

[3:43:18] perfect choice. With respect to the Vice Chair, the Vice Chair is an expert in renewable energy.

[3:43:26] What are we doing now that we are doing in every single meeting? It's always related to issues related

[3:43:32] to renewable energy. I can't think of a better person for that job. Somebody that I also have respect

[3:43:39] for and trust. So with respect to the slate, I think that it actually is a good slate to

[3:43:46] lead this organization forward. And I just want to before I say any close, I've worked with

[3:43:53] Tom Russell for 12 years and over 12 years. And I have found him to be beyond having integrity.

[3:44:00] And it's really frustrating to me when people come in here and people make comments about

[3:44:06] him that basically alleged things that they don't, I don't even, there's no basis for that.

[3:44:15] As we've been saying over and over again, if there is bring it, we want to see it.

[3:44:20] We haven't seen it.

[3:44:22] And so to actually, and to hurt somebody's reputation, who's been an attorney for 30 plus

[3:44:29] years, it's just hurtful to me.

[3:44:31] And frankly, if I was him, I would hire an attorney and I would sue for slander quite frankly.

[3:44:38] Because if you, as an attorney, if you have your reputation attacked, then that is just basically everything.

[3:44:46] And that's what we've been seeing over and over again, that's been going on.

[3:44:50] And frankly, that's not fair.

[3:44:53] So anyways, with that said, that's all I have to say.

[3:44:56] Thank you.

[3:44:57] Thank you, Commissioner Moore.

[3:44:58] That's what...

[3:45:56] Okay, thank you. We'll now move on. Back to item 14, development proposals from gauge zero LLC and sky

[3:46:05] charge is LLC with respect to the electric truck charging station.

[3:46:16] We're going to take, by the way, that clock there thankfully is off, oh, you know, I'm sorry

[3:46:23] I'm wrong, it's the Hover Island West Community Development, my bad, but I'm assuming that

[3:46:28] clocks are off.

[3:46:31] Good, we just got an hour back, I'm sorry, I didn't 13 actually,

[3:46:37] it's about like 5.51.

[3:46:38] Thank you.

[3:46:39] Thank you.

[3:47:03] Thank you.

[3:47:04] Thank you.

[3:47:12] Please go ahead.

[3:47:13] Chairman Castiono's and commissioners acting as a meconicolio and general counsel vessel.

[3:47:18] I'm Wiley Manali's Director of Development Services.

[3:47:21] Today, we will be presenting for the staff's consideration for the Board's consideration,

[3:47:26] a series of recommended actions for the Harbor Island West.

[3:47:29] Marine, a redevelopment project proposed by HIVW associates or HIVW.

[3:47:34] At the staff table are Megan Hamilton with Bellman Services, Amy Garrison with Real Estate and David Jones with General Counsel's Office.

[3:47:45] And joining us in the audience, our other members of the project team as well as representative representatives from A.T.W.

[3:47:51] Next slide.

[3:47:57] Today's staff will be requesting that the board take the following four actions on Heart Island, West Marine, and a redevelopment project.

[3:48:03] First, adopt the mitigated, the final, mitigated, negative observation, or M&D, and mitigation monitoring,

[3:48:09] testing program, or MMRP, and direct staff to file the notice of determination.

[3:48:15] Second, grant concept approval to HIDOLU, third, conduct a public hearing, and authorize

[3:48:22] issuance of an appealable, coastal development permit, or CDP to HIDOLU, and fourth, grant

[3:48:28] an option to leave the time out. We just lost our quorum.

[3:48:34] This sign would take a little pause

[3:48:37] bathroom break.

[3:48:41] If you could just sit tight,

[3:48:59] please proceed.

[3:49:01] And fourth action is grant an option to lease agreement with HIW. Next slide.

[3:49:07] We'll now turn it over to the media.

[3:49:14] Thank you, Violet and good afternoon.

[3:49:18] The Hot Rylan West, our Inner Read Development Project, is located at the West End of

[3:49:23] Hot Rylan at 2040, Hot Rylan Drive, adjacent to Tom Hames, Lighthouse Restaurant.

[3:49:31] Next slide.

[3:49:34] The project would redevelop all landslide and what is by marine facilities, including demolishing

[3:49:42] replacing aging bacteria to yielding and dark, replacing parking lot and landscaping, renovating

[3:49:50] the unsafe pool and hot tub, and also renovating public facilities, including a water

[3:49:56] slide, promenade, and a public view in Jack.

[3:50:00] Next slide. Specifically, the project involves three new buildings, a 380 space parking lot with 12 of those

[3:50:11] spaces available to the general public, 11 new dogs providing 620, 2030, of which one of them, 35 foot slip with

[3:50:21] free for non-profit use.

[3:50:25] You can.

[3:50:25] A 12-foot wide public.

[3:50:27] It's a site for me.

[3:50:28] You're all good.

[3:50:29] And it's 6,000 square foot public viewing deck.

[3:50:33] The public, the projects will increase,

[3:50:35] green space, energy efficiency, and water conservation,

[3:50:40] and provide for a greater diversity of voters.

[3:50:46] In accordance with the California Environmental Quality Act will

[3:50:49] A draft M&D was prepared for the project.

[3:50:54] A 30-day public review commenced December 5, 2019,

[3:50:59] and finished January 6, 2020.

[3:51:03] One comment letter was received

[3:51:04] from California Crystal Commission staff,

[3:51:08] and discussed issues related to sea level rise,

[3:51:11] parking and air quality,

[3:51:14] as well as asking for clarification on slip utilization,

[3:51:17] Licing, Bayfill, and Eongrass mitigation.

[3:51:23] Stock prepared a written response to the comment letter

[3:51:25] and made some corresponding edits to the final MMD.

[3:51:30] The comment letter and responses did not result

[3:51:33] in any new significant environmental impacts

[3:51:36] and previously identified project impacts

[3:51:38] remain less than significant.

[3:51:42] Therefore, draft MMD public reviews

[3:51:44] recirculation was not required.

[3:51:48] Within cooperation of mitigation measures identified

[3:51:52] in the MMMP that mitigated negative declaration

[3:51:57] finds that the project will reduce potentially significant

[3:52:01] adverse impacts for the topics listed on this slide

[3:52:05] to a level below significance.

[3:52:08] Therefore, the project will not have a significant effect

[3:52:11] on the environment.

[3:52:15] Next slide, please.

[3:52:17] Additionally, as a result of ongoing coordination with Crystal Staff, the project description

[3:52:22] was updated since public review of the draft M&D, as shown in the table on this slide.

[3:52:30] Firstly, the number of replacement docs was increased from 10 to 11, and the number of slips

[3:52:36] was increased from 603 to 623.

[3:52:40] This change did result in additional impacts to ill-gross than were originally identified in the draft M&D.

[3:52:48] However, ill-gross impacts as mitigated remain less than significant.

[3:52:54] Second, the number of parking spaces available for public use was increased from 4 to 12 spaces.

[3:53:02] Updates to the project description, do not amount to a substantial revision, pursuant to

[3:53:06] sequo, and public review, recirculation of the draft M&D was not required.

[3:53:13] Next slide, pursuant to BPC policy 357, plans for new tenant development must be presented

[3:53:20] to the board for approval.

[3:53:23] If a project is estimated to cost more than $500,000.

[3:53:26] This project is estimated to cost 45 to $50 million.

[3:53:32] Stuff recommends the board grant concept approval for the project.

[3:53:38] Next slide.

[3:53:40] The project is consistent with the certified potmaster plan.

[3:53:44] The project has been determined to be an appealable development

[3:53:48] per cent to the coastal act.

[3:53:50] The project, as conditioned, is fully consistent with

[3:53:54] Chapter 3 and 8 of the Crystal Act.

[3:53:58] Special conditions are incorporated into the CDPA

[3:54:02] to ensure the project's conformance

[3:54:04] with the M&D mitigation measures

[3:54:07] and related district and Crystal Staff requirements.

[3:54:11] Staff recommends board authorization

[3:54:13] of issuance of an appealable CDPA.

[3:54:17] I want to alternate over to Amy

[3:54:19] to complete the presentation.

[3:54:21] Next slide, please.

[3:54:28] Thank you, Megan and good afternoon.

[3:54:30] I am Amy Garrison, program manager at the Real Estate Department.

[3:54:34] I am pleased to present H.I.W.'s proposed option to lease agreement and proposed amended and recated lease.

[3:54:41] H.I.W. has been the owner and operator of the marina since 1982. The current lease

[3:54:46] commenced on September 1, 1981, and terminated on March 31, 2023. The board's approval of the

[3:54:55] will result in a short term extension of HIVW's current lease.

[3:55:00] By allowing HIW to remain in possession under the current lease, so long as HIW complies with the option agreement.

[3:55:07] The option agreement and the current lease will be also be cross-defaulted for the district's protection.

[3:55:14] The leasehold is comprised of 3.8 acres of land and 22 acres of water.

[3:55:19] HIW's status as a tenant in good standing, the proposed investment, and features of the proposed project,

[3:55:25] Qualifies HRW to obtain a least-term extension.

[3:55:29] Next slide, please.

[3:55:32] Today, staff is requesting that the board grant HRW

[3:55:35] an option to lease agreement.

[3:55:38] During the 18-month term of the option to lease agreement,

[3:55:40] HRW will be required to submit the four key deliverables

[3:55:44] shown on the screen to exercise their option to enter

[3:55:47] into the proposed amended and restated lease.

[3:55:50] Should HRW fail to complete these requirements within 18 months,

[3:55:53] The proposed amended and restated lease will not be executed and the lease hold and all project permits and plans will revert to the district.

[3:56:01] Next slide, please.

[3:56:05] Attached to the option to lease agreement is the proposed amended and restated lease or A&R lease.

[3:56:10] The proposed A&R lease has a term of 40 years as well as one tenure option to extend.

[3:56:16] In order to exercise the option to extend, HIV must be attended in good standing and have completed all work,

[3:56:22] Recommended in an inspection report resulting from an inspection of the entire leasehold to be performed no earlier than 24 months prior to the initial the expiration of the initial 40 year term

[3:56:34] Construction of the proposed project will commence once the A and our lease has been executed and has an estimated construction duration of two years

[3:56:41] The new 623 slip marina is expected to be complete by year three of the A and our lease

[3:56:48] which coincides with the commencement of stepping creases and minimum annual rent through year 5.

[3:56:54] Minimum annual rent will be adjusted every 5 years, commencing in year 10.

[3:56:59] Also commencing in year 3 are stepping creases to percentage rent on the rental boat slips, which is known as the slip rate.

[3:57:06] Until recently, a slip rates report tenants have not exceeded 22%.

[3:57:11] The slip rates reflected here align with other recently negotiated gradual thick step increases

[3:57:17] is to slip rates above 22% for other port tenant marinas.

[3:57:22] The slip rate of 25% during the 10-year option period

[3:57:25] is a President setting highest rate on tidelines,

[3:57:29] which will establish a new market rate comparable

[3:57:32] for the district to use in future marina rent negotiations.

[3:57:36] Next slide, please.

[3:57:39] The Harbour Island West marina redevelopment project

[3:57:42] meets a district objectives regarding environmental stewardship

[3:57:45] and public access to the waterfront.

[3:57:48] Staff believes the HIV's commitments outlined in the option to lease agreement and ANR lease

[3:57:52] are substantial and they have the financial and operational wherewithal to operate a world-class

[3:57:57] marina on district titans.

[3:58:00] Therefore, staff recommends that the board take the four actions shown on the slide including

[3:58:05] conducting a public caring for item C. This concludes staff's presentation. Staff and representatives

[3:58:11] from HIV are available for questions.

[3:58:13] Thank you.

[3:58:25] Thank you very much. We will now move on to public comment. Do we have any public comment?

[3:58:30] We have no public comment.

[3:58:32] Okay, great. Moving on to commissioner comments and questions commissioner Tasson.

[3:58:36] I think that was opened and closed public hearing.

[3:58:39] Oh, sorry. There was open and it was closed.

[3:58:42] Thank you Mr. Chairman and thank you to staff for your thorough evaluation.

[3:58:48] I also, I, I want to congratulate the proposal, the, the, the applicant on this project.

[3:58:56] It's, it's indicative you get one letter from the Coastal Commission that we're able to respond to.

[3:59:02] The public is, you know, there's no opposition to it.

[3:59:06] It's an absolutely beautiful redevelopment.

[3:59:08] It's exactly what we want here at the Port of San Diego.

[3:59:12] I couldn't be more delighted.

[3:59:14] I'll move staffs recommendation, realizing there may be other comments here from other commissions.

[3:59:20] Thank you.

[3:59:22] Do we have any other commissioners who would like to speak or would anyone like to second that motion and then speak?

[3:59:27] Second it.

[3:59:28] Second it.

[3:59:29] And just very quickly.

[3:59:31] I'm going to agree with everything Commissioner Tassen has said.

[3:59:35] We've talked a long, long time here on the board about what we expect the quality we expect around the bay.

[3:59:42] I've used the term world class many times.

[3:59:46] And I've also said, and sometimes the port tennis don't like me saying this, that there's no guarantee that you're going to be a tenant perpetually around this Bay.

[3:59:55] You've got to earn it and you need to invest in your leasehold.

[3:59:59] And when I see a project...

[4:00:00] I'd like to like this, a beautiful project using, you know, really, that appears, that land side, that the more, the, the docs, everything about this project has been done really first class.

[4:00:14] I am very, very happy to support it, and I like to see the kind of quality of project this is. I look forward to more more high quality projects coming to us.

[4:00:24] Thank you Commissioner Moore.

[4:00:27] Yes, thank you before voting on it, I just wanted to make sure for the record that I did read the staff report.

[4:00:33] So I am familiar with the project.

[4:00:34] I'm sorry I had to step off the diet, my mother is ill.

[4:00:38] And I just call for my brother that it was an emergency he needed to speak to me.

[4:00:44] So everything is fine, but I just wanted to make sure the public knew that I did read the staff report.

[4:00:50] And that is the basis upon which I will vote for this project.

[4:00:53] Thank you.

[4:00:54] Thank you, Commissioner.

[4:00:59] I am also supportive of the project.

[4:01:01] It's a great project.

[4:01:03] It's not that often that we get a project of this size and scope without opposition.

[4:01:07] I agree with Commissioner Malcolm.

[4:01:09] It's exactly what we're trying to do, so I look forward to getting the project completed.

[4:01:14] We have a first and a second.

[4:01:15] I guess we have to take these individually separately.

[4:01:18] So we have a first and a second on item A. Let's vote on item A.

[4:01:37] Yeah, to me.

[4:01:45] I don't think commissioner a more has it on her

[4:01:48] Screen,

[4:02:13] please vote again. Motion pass unanimously with commissioner D more hadn't so cad excuse. Okay, can I get a motion and the second on item B.

[4:02:30] Okay, please vote

[4:02:33] Motion passed unanimously with commissioners D. Moron Zuket Excuse.

[4:02:37] Okay. Can I get a motion in a second on item C?

[4:02:46] Please vote.

[4:02:47] Motion passed unanimously with commissioners Zuket Excuse.

[4:02:53] Okay, and can I get a motion in a second on item D?

[4:03:00] Don't move, please vote.

[4:03:02] Motion passed unanimously with commissioners Zuket Excuse.

[4:03:06] Great. Thank you. Thank you, staff.

[4:03:08] I will move on to item 14, the development proposals

[4:03:14] for the electric truck charging stations.

[4:03:40] Good

[4:03:50] afternoon.

[4:03:52] Good evening.

[4:03:52] One of those.

[4:03:54] Chairman Costionos, commissioners and acting president,

[4:03:58] Nick Leo for the record.

[4:03:59] My name is Maggie Weber, principal strategic planning with the energy and policy team.

[4:04:04] I am joined by Jason Giffin, Vice President of Planning and Environment, Ryan Donald, Department

[4:04:10] Manager Real Estate and Simon Khan Assistant General Counsel.

[4:04:14] Today's presentation is an update on staff's efforts to provide infrastructure on

[4:04:19] tidelines for zero-emission trucks serving the Ports Marine Cargo Terminals.

[4:04:24] Next slide, please.

[4:04:26] In October 2021, the board adopted the Maritime Clean Air Strategy and cast for short, which includes

[4:04:32] Several ambitious milestone goals for early adoption of the zero emission trucks, serving the

[4:04:39] Ports Marine Cargo Terminals.

[4:04:40] The aim is, for 40% of all trucks that call the Ports Marine Cargo Terminals, be zero

[4:04:46] emission by midway through 2026 and 100% by 2030.

[4:04:51] Infrastructure to power these zero emission trucks is critical to achieving these aspirations.

[4:04:56] and cast Truck Bowl 2, Ask Staff to Facility.

[4:05:00] The Department of Infrastructure to support the transition to zero-emission truck trips, serving the

[4:05:05] Ports Marine Cargo terminals.

[4:05:09] Next slide.

[4:05:11] As you can see, this doesn't happen overnight. After the MCAS was adopted, the team came back

[4:05:16] to the board with a truck transition plan, the following summer. The truck transition plan

[4:05:20] is the playbook for how we achieve 100% zero-emission trucks. Next, pursuant to MCAS

[4:05:27] truck objective 2A, which asked staff to return to the sport with the concept plan for implementing

[4:05:32] regional truck infrastructure by identifying at least four potential sites by the end of 2022,

[4:05:39] staff released a request for information solicitation known as an RFI for short last summer.

[4:05:45] The RFI formally asked the industry about proposed business models and how they would develop

[4:05:49] theoretical zero-emission truck infrastructure sites. Staff received 18 responses to the RFI

[4:05:56] and the sites located at the intersection of 19th Street in Thailand's Avenue and National City

[4:06:01] were the most popular with respondents.

[4:06:03] Last fall, staff provided updates to the community and stakeholders

[4:06:07] and last November, the board adopted a resolution directing staff to move forward

[4:06:12] with issuing a request for proposal solicitation,

[4:06:16] known as an RFP for a zero-mission truck stop in national city.

[4:06:20] The RFP was open this past summer and since it closed a few months ago,

[4:06:24] The staff has been busy analyzing the six responses we received and have continued to keep

[4:06:29] stakeholders and community members updated on this process.

[4:06:32] We are now before you this evening with staff's two proposal team finalists, gauge zero

[4:06:38] and sky chargers.

[4:06:40] Next slide.

[4:06:43] This map provides a refresher of where zero mission truck stop will be located.

[4:06:49] These four sites on titans were included in the RFI and the two sites identified in the

[4:06:55] popular and thus the RFP's proposed development location. It is located directly south of the

[4:07:03] Ports General Services Building just north of National City Marine Cargo Terminal and approximately

[4:07:08] three miles south of 10th Avenue Marine Terminal. Next slide please.

[4:07:14] Here's a closer look at the

[4:07:16] sites included in the RFP. The RFP was opened from April 27th to August 9th 2023 and asked for

[4:07:23] proposals to design, build, operate and maintain a zero-mission truck stop on one or more of three adjacent parcels which together is approximately 13 acres.

[4:07:35] The RFP requested business models that focus on battery electric technology, a project design that builds out the site in a phased approach based on increased utilization rates,

[4:07:46] Incorporate distributed energy resources to offset impacts to the grid provides a community benefit

[4:07:53] includes a revenue sharing agreement on site amenities and although open to the public provides

[4:07:58] preferential treatment or excuse me preferential charging for trucks calling to and from the

[4:08:04] ports marine cargo terminals. This next slide please. This item will now include a presentation

[4:08:12] from both finalists, gauge zero and sky chargers on their respective proposals.

[4:08:18] Each finalist has 10 minutes. I will then return for a brief summary as to why staff selected

[4:08:24] these two entities as finalists. In the stakeholder and community engagement we've conducted this fall.

[4:08:31] Following the presentations, the board has an opportunity to ask the finalist questions and provide

[4:08:36] feedback regarding the proposals.

[4:08:39] For next steps, staff proposals to provide each finalist 30 days to revise their initial

[4:08:45] proposal if they so choose to, and staff anticipates returning to the board with a final

[4:08:50] recommendation in early 2024.

[4:08:53] With that, I will pass the lecture in over to gauge zero.

[4:09:23] Good evening, everyone.

[4:09:24] Thank you very much for having us, commissioners, chair, and acting president.

[4:09:31] Tonight, I'll be speaking with you about our zero-emission truck stop proposal.

[4:09:37] My name is Zena Elazzi. I'm the CEO and the founder of K. Zero. I'm here with my team this evening.

[4:09:43] Next slide, please.

[4:09:46] We'll be going over the team.

[4:09:50] Our advisors are offering our in-house expertise as well as the project proposal and our community benefits.

[4:09:59] Next slide, please.

[4:10:01] Our mission is to build the infrastructure which is to electrify medium and heavy duty fleets, reduce emissions from reducing emissions from transportation industry in the United States.

[4:10:13] We are a women led team of clean energy and transportation experts. We've built over $10 billion of combined project development and execution in the clean energy space, deploying innovative and utility scale renewable energy and battery storage projects.

[4:10:30] We've partnered with Arc Financial, which is a private equity firm that is focused exclusively

[4:10:38] on energy projects that has a mission to increase the number of environmental sustainable

[4:10:47] and renewable energy portfolio companies.

[4:10:51] and their focus is on developing the infrastructure around the energy transition for renewables.

[4:11:02] We have a commitment from them for $400 million in equity to develop and deploy the EB charging infrastructure that we're presenting to you today.

[4:11:11] Next slide, please.

[4:11:14] As I mentioned, I'm Zena Alazzi, I'm the founder and president of gauge zero.

[4:11:20] I also was the founder and president of a company called Breitmark, which deployed well

[4:11:28] over 30 projects in a six-year period in the renewable energy space as my former venture.

[4:11:35] We raised nearly $750 million to deploy those renewable energy projects.

[4:11:40] I've got Carly Filler here with me today.

[4:11:43] She's our Chief Commercial Officer and our VP,

[4:11:46] she was the VP of Development at Brightmark.

[4:11:48] And she has over 13 years of experience

[4:11:52] in developing and working in green energy projects as well.

[4:11:57] Faisal Azuzia is our VP of Technology.

[4:12:00] He's got a tremendous amount of experience

[4:12:02] in vehicle-de-grid projects,

[4:12:04] as well as energy storage projects and as a San Diego resident.

[4:12:08] Pam Rosen, who's our General Counsel and Chief Administrative Officer,

[4:12:15] was formerly

[4:12:16] at Formata Energy, which is a charging company where she led all the operations previously,

[4:12:27] her experiences in real estate, mergers, and acquisitions, and corporate law.

[4:12:33] Next slide, please.

[4:12:34] We also have a world-class suite of advisors.

[4:12:38] This is a feature of only a few of our advisors that we wanted to highlight for the proposal.

[4:12:45] Dan Grossman, who is our automotive advisor, has over 15 years of experience in the automotive industry.

[4:12:52] He led Zipcar through its IPO and also created Maven at General Motors.

[4:12:58] He is one of the key individuals that is designing our transportation as a service model,

[4:13:03] which we'll get into here shortly.

[4:13:05] We have Anna Dameo, our technology advisor,

[4:13:09] who has a tremendous amount of experience in EV,

[4:13:13] vehicle, the grid, and microgrid software and hardware.

[4:13:17] Brandon Rapp, who's our strategic advisor,

[4:13:20] formerly a strategic consultant at PWC

[4:13:22] and their power utilities and resource industry,

[4:13:26] Bill Van Amberg, who has 30 years of experience

[4:13:29] as the executive vice president of CalSTART,

[4:13:31] And Mike Brune, who has 12 years of experience as the executive director of the CR club and seven years of experience as the executive director of the rainforest action network.

[4:13:42] All of these individuals and addition to others really help to inform our proposal from a design perspective, from an engineering perspective and from a community engagement perspective.

[4:13:55] Next slide please.

[4:13:58] We have three areas of focus as a company to essentially bring this project to fruition.

[4:14:07] The first is charging, so charging infrastructure built out that includes the design,

[4:14:13] the operations and the management of fleet charging, as well as utility billing.

[4:14:17] This includes high power charging.

[4:14:21] And one of the things that we focus on is that charging is just one piece of the ecosystem.

[4:14:27] It's very important to add in energy management as part of the infrastructure, which is why we also bring the capital that's necessary to build out the real estate, the development, the permitting, the solar onsite battery storage and the electric infrastructure, which includes fleet management services, charging services and optimization of when to charge on the grid and when to dispense.

[4:14:54] We also provide transportation as a service via electric vehicles.

[4:15:00] Local crux. We manage the incentives, the financing options, vehicle procurement, leasing and maintenance

[4:15:10] of various fleets, for fleet operators and owners. And this is meant to accelerate the adoption

[4:15:16] of EVs so that if there are entities like logistics companies who don't have the wear with all

[4:15:22] or the understanding to navigate the complexity around vehicle purchases in the electric vehicle

[4:15:27] space for grants and incentives.

[4:15:31] We help them manage that and then provide them with lease options so that they can accelerate

[4:15:35] their adoption of electric vehicles.

[4:15:39] Next slide.

[4:15:43] We manage in-house the project management, engineering, procurement, construction, as well

[4:15:50] as the operations and maintenance all within gauge zero.

[4:15:54] On the front end of the project, this includes environmental permitting, the utility interconnection,

[4:15:59] and the grants and incentives for both the project itself, as well as for the vehicles.

[4:16:04] On the engineering procurement and construction, we oversee engineering design,

[4:16:11] procuring the various portions of the equipment, which includes charging equipment, software,

[4:16:18] as well as the solar and the battery storage. We manage the interest risk, which can come with

[4:16:26] these long lead time items, as well as the down payments for the procurement of the hardware

[4:16:33] itself, so that we ensure that we have an on-time delivery of the project.

[4:16:39] Once the project is operating and has reached commercial kind of viability, we also provide

[4:16:46] our customers with uptime guarantees so that they can be assured when they drive in to charge,

[4:16:53] that the chargers will be working, that there will be operators on site to ensure that

[4:17:00] any equipment that is gone down can be switched out very quickly.

[4:17:03] We will have on-site O&M managers as well as a community manager.

[4:17:09] And we manage all of the service level agreements with the hardware and software providers.

[4:17:14] And we are very engaged and proactive and preventative maintenance so that we can ensure

[4:17:20] our customers have a high level of reliability on the project.

[4:17:26] Next slide, please.

[4:17:32] This is an overview of our project proposal.

[4:17:36] We want to build the largest possible project that is commercially viable

[4:17:40] and serves the needs of the customers.

[4:17:43] This phase approach optimizes the best possible technology

[4:17:47] at the time of construction that is matched with the demand

[4:17:51] of the customers at the time.

[4:17:53] By phasing the project, we can continuously improve on the best available technology for charging battery storage, solar energy and energy management tools.

[4:18:05] Phase 3 and beyond will be on other parcels of property and will provide additional revenue sources for the port.

[4:18:13] The first phase of the project includes a $12-15 million capital investment range with 20 full-time construction jobs and three full-time operations and maintenance jobs.

[4:18:28] Phase one includes the support for 56 trucks to meet the Port's Transition Plan, goals for

[4:18:35] 2020-6, and it includes 10-350 KWD dual port EVSs, charging stations, 2,500 square feet of a driver

[4:18:47] rest area, 400 kilowatts of on-site solar, 500 kilowatts slash two megawatt hours of battery storage.

[4:18:56] In Phase 2, we will add 10, 150 KW or greater dual port EVSEs, once that 20% utilization

[4:19:08] is achieved in Phase 1.

[4:19:10] This will support 98 trucks to meet the port's transition plan goals for 2030.

[4:19:18] Future phases will expand the EVSE solar and storage based on both the charging demand

[4:19:24] at the port, as well as the San Diego gas and electric system capacity for interconnection.

[4:19:32] Next slide, please.

[4:19:35] This is a visual of the project site you can see in the top left corner, the amenities area

[4:19:43] for the truckers, as well as where the food court will be located and charging stations in

[4:19:50] the middle to the right and then there's also charging stations to the back, their additional

[4:19:53] photographs in the proposal.

[4:20:00] Next slide, please.

[4:20:04] This is the summary slide of the revenue to the Porto San Diego. The port will receive two revenue sources from the project, a base rent, which is $7 per square foot per year with a 2% annual escalation. That amounts to approximately $610,000 starting in 2026 and escalating from there. There's also a revenue share portion.

[4:20:29] So 10% of all charging revenues and 5% of all other onsite revenues once that 20% utilization minimum is reached will also be shared with the port.

[4:20:43] This amounts to approximately $487,000 annually starting in 2027.

[4:20:51] Next slide.

[4:20:54] This is an overview of the schedule.

[4:20:55] The design portion will begin in February of next year and will conclude in December of 2024.

[4:21:03] The procurement portion will begin before that in September of 2024.

[4:21:09] Construction will begin in December and commissioning will happen over the course of a year later in November of 2025.

[4:21:17] phase two is related to begin procurement in June of 2026 with commissioning a phase two

[4:21:26] being completed by December of 2026.

[4:21:32] Next slide please.

[4:21:35] I'll end the presentation with

[4:21:37] an overview of our community engagement plan, which is anchored in the maritime clean

[4:21:42] air strategy. The environmental benefits of the project include the phase in phase one, a

[4:21:50] of 11,600 metric tons of CO2 per year, and in phase two, a further reduction of 19,600 metric tons of CO2 per year.

[4:22:01] It also includes the purchase of air purifiers for portside community.

[4:22:06] It does, we also, with our community manager, we'll have bidirectional community engagement,

[4:22:13] which will lead all of our communications, including ongoing community outreach of AB 617 with

[4:22:23] Portside Community. We will also have a significant amount of workforce development and training,

[4:22:31] which is going to be led by our partners, grid alternatives, and the urban core of San Diego.

[4:22:36] There will be helping us design, build, and train a workforce for this particular project.

[4:22:45] There is an education portion for the project as well.

[4:22:48] We'll provide STEM curriculum to expand the port's environmental education program.

[4:22:54] As I mentioned earlier, there are some driver amenities, which include rest area, showers,

[4:22:59] Wi-Fi, phone charging, a picnic area, and food trucks.

[4:23:06] As part of our ongoing effort to ensure the energy management is key to all of these projects,

[4:23:12] we also will have a microgrid to serve as a community resource during public safety power

[4:23:16] outages, as well as climate-related emergencies.

[4:23:21] And finally, we will support local trucking through preferential rates, vehicle financing,

[4:23:26] And we already have three letters of intent with customers at the port that we will continue to build upon as we move the project along and progress it.

[4:23:39] And with that, I believe that's the end of my 10 minutes and thank you very much.

[4:23:51] Next, we'll have sky chargers.

[4:24:03] Good afternoon.

[4:24:05] Chair Castiana, St. commissioners.

[4:24:07] I'm Andy Karetsky.

[4:24:09] I'm the acting CEO of sky chargers.

[4:24:11] And the President of sky beauty ventures.

[4:24:13] And I want to thank you for taking the opportunity for having us to present our E.O.

[4:24:18] Project today.

[4:24:19] Next slide, please.

[4:24:21] Our project is inspired by the port to ambition.

[4:24:24] And ambitious maritime clean energy strategy.

[4:24:27] goal of 100% zero emission trucks by 2030 with a vision for health equity for all.

[4:24:35] We admire your vision and we're completely aligned with the port on its ambition and our

[4:24:40] values.

[4:24:41] And our team has the proven experience and record to deliver on the port's visions and goals.

[4:24:48] We've built our business by being good partners and in that spirit we've spoken with

[4:24:53] understand their concerns about their existing, about their existing use of parcel.

[4:25:00] One, which is the one we selected, and we're committed to finding a win-win solution.

[4:25:06] We can modify our project footprint to balance meeting the court's goals, with the needs of

[4:25:13] Pacea and other stakeholders.

[4:25:17] Skycharger is owned by Skyby Ventures. Skyby Ventures been around

[4:25:20] for 15 years, we're privately owned, we're profitable, we operate the fourth largest network of

[4:25:27] fast charging stations in California. In addition, we're very soon going to complete a 150

[4:25:33] port electric vehicle charging hub for Pepsi in torrents, which we've self-financed. The

[4:25:40] first solar project that we ever built was to the benefit of the unhoused community. We've partnered

[4:25:47] with communities of concern across the country to make transportation and clean energy projects

[4:25:54] for all. Next slide, please.

[4:26:01] This is us in a nutshell. Next slide, please. So we've assembled

[4:26:06] the world-class project team with the resources and capacity that you can count on to finance,

[4:26:11] construct and operate our project. We're going to introduce two vital members of our project,

[4:26:17] Matt Worschen, with our engineering construction partner, Burns and McDonald, you know Burns

[4:26:25] and Mac has been working with the port for sustainability and electric projects for the past

[4:26:31] 11 years.

[4:26:33] I'd also like to introduce you to Anita Lopez.

[4:26:37] She's a founder and principal of Soy Lopez Consulting, which is based in South East San Diego.

[4:26:43] Anita is a committed health and climate equity champion.

[4:26:46] Next slide, please.

[4:26:50] We proposed an ambitious project, one that's at the scale of the court's ambitious

[4:26:57] Zen goals.

[4:26:59] We can reduce the footprint of that project if needed to balance with

[4:27:05] the patient's needs.

[4:27:07] And we can accommodate both battery electric and hydrogen trucks if

[4:27:11] hydrogen trucks ever become a reality.

[4:27:12] We have project funding and the team that's ready to go to work.

[4:27:18] Next slide, please.

[4:27:21] Before I turn over the presentation of Matt,

[4:27:24] I'd like to point out another unique feature of our proposal,

[4:27:28] which is trucking as a service.

[4:27:30] Our offering is designed for those who can release the Ford

[4:27:33] to be early adopters to electric trucks,

[4:27:37] which are small fleet owners and independent owner operators.

[4:27:41] It will also support the early diesel retirements that are needed to meet the Port Zero Mission Transition Plan, which is, you know, by 2026 and 2030.

[4:27:58] We will provide affordable and equitable leases to truckers calling on the Port.

[4:28:04] without a plan to help truckers overcome the upfront cost barrier to driving electric trucks.

[4:28:11] We think rates of adoptions will be slow and demand for charging stations will be low.

[4:28:17] Our project addresses both the supply and the demand side of the equation.

[4:28:22] And it's about zero mission trucks to help achieve health equity for all.

[4:28:30] We're strongly committed to maximizing project benefits for the port and port side communities.

[4:28:36] We estimate that over 20 year term we will pay more than $37 million in rent payments to the port.

[4:28:44] We have funds for community, set aside funds for community outreach and engagement.

[4:28:49] And we have funds for local electricians to receive EV installation training.

[4:28:54] And we have stipends for local artists to paint murals reflecting local culture on the grounds of our project.

[4:29:03] Our partner momentum.

[4:29:05] With our partner momentum, we intend to pursue all public funding available to deepen our offering to truckers to the port and port side communities.

[4:29:14] For example, after receiving the top score in a concept of a paper stage,

[4:29:20] we recently submitted a $10 million grant proposal to the California Energy Commission for

[4:29:25] our trucking as a service model. At this point I'd like to hand things off to Matt to discuss

[4:29:32] the project contents.

[4:29:35] Thank you, Andy. Commissioners, Burns McDonnell is very excited about the

[4:29:39] National City EHA project in parting with Skyview and the Port District. This is a very exciting

[4:29:45] project because it further supports MCAS goals which is really important to me as a San Diego resident

[4:29:50] and it benefits our local community as well as our overall environment.

[4:29:54] As one of the leading design build firms in the country,

[4:29:58] Burns McDonald.

[4:30:00] You can count on words of MAC to get this project done. We have provided engineering and construction services for the deployment of more than 6,000 electric vehicle chargers across the country. Additionally, we have installed over 40,000 megawatt hours of battery energy storage.

[4:30:16] And we regularly design and construct solar projects ranging in size from one megawatt to over 100 megawatts. So that can give you the confidence to know that Skyview has basically built a team that knows how to get projects done here at the point.

[4:30:30] Additionally, we are currently working with you to complete the 10th Avenue Marine Terminal

[4:30:34] Microgrid right here in Corping, Solar and Battery Storage and as you've been doing

[4:30:39] for the last 10 years, you can count on us to work with Skyview to make you and this project

[4:30:44] successful. Next slide, please.

[4:30:48] So the concept project here that E-Hub will charge up to 126 trucks with adequate space

[4:30:54] to allow safe access to the chargers and amenities following ADA and safe design requirements.

[4:31:00] The first phase of the project will include 27 chargers, solar, battery storage, and the

[4:31:05] Amazon just walk out, convenience store, which will be completed by the end of 2025.

[4:31:11] And the second phase is scheduled for completion by the end of 2025.

[4:31:15] By including next slide please.

[4:31:18] By including five megawatts of solar and solar on canopies, four megawatt hours of battery

[4:31:23] storage and a microcontroller, the e-hub will produce greenhouse gas emissions,

[4:31:28] reduce impacts on the San Diego gas electric grid, and also increase the resiliency of

[4:31:34] the charging depot by providing the ability to operate chargers both connected to the grid

[4:31:40] as well as independent grid using micro-functionality.

[4:31:43] Our approach to constructing this project will be to contract at least 10% of the work to

[4:31:48] small local and diverse businesses. We offer an award-winning world-class small business diversity

[4:31:55] program and over the last five years alone we've used this program to contract over $822 million

[4:32:01] to small and diverse firms across just in five years. We envision that the e-hub project will provide

[4:32:08] 50 construction jobs providing economic benefits to the local community here in National City

[4:32:13] and San Diego overall. Now I'll turn it over to Anita. Thank you.

[4:32:26] Commissioners, I would like to expand further. If you can go back to the first slide, one slide over.

[4:32:32] Thank you. I'd like to expand a little bit further on our quest to produce a very

[4:32:37] mission. Trust top that is beyond just infrastructure. We intend to deploy an action-oriented

[4:32:42] engagement for port site and neighboring communities and have since we joined this project.

[4:32:48] We recognize that a true path towards health equity is action-based and not just upon mitigating

[4:32:54] these health impacts, but also increasing the economic health impacts that our communities

[4:33:00] that our climate burden really need, and really you can't have one without the other.

[4:33:06] I would like to highlight how we would do this. First we will provide education and training pathways

[4:33:11] for the local community by utilizing the e-hub as a demonstration project. So this would actually

[4:33:17] show our community that we are committed to providing new career pathways not only in the trades,

[4:33:23] But, in STEM, community health, which is often not talked about and even in public service,

[4:33:29] all of these career pathways are really needed for our climate,

[4:33:34] championing and really changing the future of these communities.

[4:33:37] Second, we will increase local community participation in the apprenticeships and job training programs

[4:33:42] through connections with IBEW and local community colleges,

[4:33:47] which includes connections to the education, cultural, complex and ocean view.

[4:33:53] Next slide, please.

[4:33:57] We have centered equity into the community benefit plan.

[4:34:00] We include local partner engagement continuously throughout our planning and design.

[4:34:05] We have met with several community partners already and offered them to be part and designers

[4:34:12] with us.

[4:34:14] We do this with who are driving them San Diego climate resiliency efforts.

[4:34:18] these individuals will help us connect these very important issues. This includes partners

[4:34:26] such as I am green, the San Diego Urban Sustainability Coalition and Climate Action Campaign,

[4:34:32] all of which have the professional lived experiences to reach the community. A few of our

[4:34:37] early supporters have joined us here today while they were here earlier and some have left some

[4:34:43] of voicemails for you. Our plan will further align several efforts such as the San Diego County

[4:34:49] to carbonization framework and the live well and promise its own initiatives. Those initiatives

[4:34:56] are centered in really meeting the climate burden communities and communities of

[4:35:02] Lastly, our trucking as a service approach results in equities in the financing of commercial vehicles. By removing longstanding financial and institutional barriers and streamlining and simplifying the lease criteria, we intend to support these leases with financial literacy should they need it in order for them to complete the terms.

[4:35:23] And this might be really relevant for those that are new adopters or have a challenge in getting into the climate industry or wanting to engage in this work, but have barriers to entry.

[4:35:38] We want to be sure to meet their needs as well.

[4:35:42] Lastly, we have also committed to bringing additional dollars into the San Diego region to build our climate resiliency efforts, as you've heard,

[4:35:49] and to continue to work with our CBOs that are not just our mainstay, but those that have been

[4:35:55] doing this work in Southeast San Diego and other neighboring neighborhoods.

[4:36:00] And these are just a few selected community benefits, our project has to offer,

[4:36:04] and I will now allow Andy to close out our presentation.

[4:36:13] Thank you, Anita. This project we want to first of its kind, our team is aligned with the

[4:36:23] 30, with health equity for all, and we're committed to being the ports long-term partner.

[4:36:29] Our team is proven, we're capable, and we're ready to execute on this vision in a way that's

[4:36:37] equitable to the port, to the fortside community, and to the truckers' calling report.

[4:36:42] With that, I'd like to thank you for your attention, and we'd welcome any questions.

[4:36:47] Thank you.

[4:36:47] We'll go to public comment first, and then when we start the commissioner questions and

[4:36:51] We will probably have some questions.

[4:36:56] Staff just has to close out the presentation portion of it.

[4:37:00] Okay, I'm sure I'm in.

[4:37:06] Sorry, me again.

[4:37:10] Thank you to both of the teams that came out here today.

[4:37:14] As you can see, both of them have strong proposals.

[4:37:17] Gage Zero is proposing a smaller project than skychargers, however both teams have experienced

[4:37:24] tenacity and financing to implement successful projects and help the port meet its ambitious

[4:37:30] goal for 100% zero mission trucks by 2030.

[4:37:34] What made Gage Zero's proposal stand out to us was their extensive research about the port

[4:37:39] our operations and our tenants.

[4:37:42] They clearly did their research and even received letters of support from local trucking companies

[4:37:46] that already serve the port, as well as from key tenants at our Marine Cargo Terminals.

[4:37:52] What made sky Chargers proposal stand out was that they have already formed a partnership

[4:37:57] coalition with extensive experience in their respective areas of expertise.

[4:38:02] Next slide.

[4:38:05] As part of the M.C. staff has committed to keeping the community and stakeholders informed

[4:38:10] on MCAS project implementation. MCAS Community Objective 1 asked staff to keep stakeholders in the

[4:38:17] public informed and asked for input regarding the selection deployment and ongoing monitoring

[4:38:22] of a mission reduction projects. In this spirit, over the last month or so, staff has presented

[4:38:29] updates and requested feedback from the groups identified on this slide. Next slide, please.

[4:38:36] Next steps.

[4:38:40] Now the board has an opportunity to ask the finalist questions and provide feedback regarding

[4:38:44] the proposals.

[4:38:46] After that, staff is proposing to provide each finalist an additional 30 days to revise

[4:38:52] their initial proposals if they so choose to based on your direction today.

[4:38:57] Staff will evaluate based on the direction provided today and anticipates returning to the

[4:39:04] board with a final recommendation in early 2024.

[4:39:08] This concludes Jax presentation and everyone is available for questions.

[4:39:13] Thank you.

[4:39:14] Great.

[4:39:14] Thank you.

[4:39:15] Public comment?

[4:39:17] Yes.

[4:39:17] We have two voicemails followed by three in-person comments.

[4:39:28] My name is Ali Marie Gojo, and I am the Climate Justice Policy Coordinator with Climate Action

[4:39:34] Campaign, speaking on agenda item number 14.

[4:39:37] I just wanted to say that I'm in support of this item, as Climate Action Campaign, we are in support of initiatives to lower carbon emissions so that we can achieve a safe and global future, meaning that we achieve zero carbon emissions.

[4:39:55] And this project is going to help advance those goals.

[4:40:00] And not only that, it can help with workforce development and providing access to charging stations for electric vehicles and really reducing its carbon emissions for heavy vehicles in this region.

[4:40:14] So thank you and have a wonderful day. Take care.

[4:40:18] So,

[4:40:23] hello, good afternoon.

[4:40:23] I am calling in the Game Message 4.

[4:40:26] I am number 14.

[4:40:27] In support of the zero emissions heavy duty truck club for the San Diego.

[4:40:31] My name is Nisha Dean Martin.

[4:40:33] And the climate committee director at San Diego Urban Sanibility Coalition.

[4:40:37] But we put this on a environmental justice.

[4:40:38] Social justice as well as climate justice.

[4:40:41] And we definitely support the move of this project for many different reasons.

[4:40:46] But in particular, the fact of the workforce development that can be coming out of this

[4:40:51] for those that send the agents here, the different needs of work, it also has it works

[4:40:55] from opportunities, the educating on clean air and energy, as well as many more ways

[4:41:00] it's cost they can just on the fact that we'll just go to the diesel fuel, and also just

[4:41:04] only want to make sure to point out that this is a project that not only to help send the

[4:41:08] agos that will help the planet in general.

[4:41:12] The diesel fuel is a big problem we have in semi-tracks are the leading contributor to

[4:41:16] the impacts we have from fossil fuels, and so we want to make sure that especially

[4:41:20] and Diego, we're doing as much as we can to pioneer the effort going forward to say let's

[4:41:25] raise all the hospitals we can, have a fossil fuel free planet as much as we can but definitely

[4:41:30] be that in San Diego and I hope that you vote for this project because I think there's so many

[4:41:36] different benefiting companies and not just again just for San Diego itself but the planet and our

[4:41:41] future please vote for this project. I think it's very important and I hope that you also see that

[4:41:47] Thank you.

[4:41:49] Now we have Kyle Heskala followed by Sophie Slovestery.

[4:42:02] Good evening, poor commissioners.

[4:42:04] Kyle Heskala, policy co-director with Environmental Health Coalition.

[4:42:08] First off, I want to say we're really excited about this project.

[4:42:12] As was mentioned earlier, I believe you, Chair Cassiano,

[4:42:16] as the port has been working on environmental justice for a long time.

[4:42:19] And I think this is a great example of the steps that you all are taking to make that a reality.

[4:42:25] especially the endcast goal, the 100% zero-mission trucks by 2030, we can't get there without

[4:42:31] the charging, and most importantly for the community impact, reducing the diesel pollution

[4:42:38] in and around portside communities.

[4:42:42] Also, thank you to port staff, Maggie especially, and Phil and all the others for developing

[4:42:47] this process.

[4:42:48] it feels like it was very open and accessible. We are excited about the opportunity to review the top two

[4:42:55] proposals and provide some feedback. So I feel like it enables us to give or ensure the best possible

[4:43:04] project outcome. So while we're not taking a position at this time, we just wanted to raise a few

[4:43:08] questions and concerns. First, how can port serving trucks be prioritized and things like setting

[4:43:17] a rate structure that incentivizes truck serving the port to reduce the impact from other

[4:43:24] trucks, not serving the port, dedicated charging stalls as a good component of the gauge

[4:43:31] zebra puzzle for port serving trucks, so it's second is that we have a lot of questions

[4:43:37] and concerns about the trucking as a service, how will independent owner operators be protected

[4:43:43] from exorbitant costs, long-term contracts that deny them the ability to build assets, so there's

[4:43:50] a lot of concerns and questions about that while we are excited about the model. We want to make

[4:43:55] sure that the community benefits can be maximized and be tied to a one, instead of a one-time fund,

[4:44:04] maybe set to an ongoing percentage of revenues and then lastly, cautioning for a least longer than

[4:44:11] 14 years that's outlined in the RFP.

[4:44:15] Thank you.

[4:44:15] Look forward to hearing more.

[4:44:19] I have so few Sylvestery followed by Ammonie Robinson.

[4:44:24] Good evening.

[4:44:26] Chairman Castiano's Commissioner, Acting President Caniglia, General Counsel Russell, for

[4:44:31] the record.

[4:44:31] Sophie Sylvestery, the Patient Automotive Services, Operators of National City Marine

[4:44:35] Terminal.

[4:44:36] Patient is supportive of a near-terminal truck charging depot for future zero-mission trucks.

[4:44:44] And we have non-binding letters of commitment with both of the finalists here today.

[4:44:51] So, those non-binding letters of commitment are for both proposed joint use,

[4:44:57] arrangements of the real estate as well as one from our...

[4:45:00] Minister Company, Patient Distribution Services, for their interest in future truck charging. As you know,

[4:45:06] patient is no stranger to zero-mission trucks. We deployed the first zero-mission car hauler in the United States

[4:45:14] from a 2016 CEC grants. We've been interested in zero-mission trucking for quite some time. I want to

[4:45:29] And these lots support the National City Marine Terminal Maritime Operations.

[4:45:35] If a 75% utilization rate that can represent about 30,000 cars per year.

[4:45:43] Our leadership's preference would have been the training.

[4:45:45] You'll hear a lot in the middle there.

[4:45:47] But those are not in the proposals here today.

[4:45:51] So our ask to you is that in any motion or direction that you give today

[4:45:55] to please emphasize the need to continue to work collaboratively and in good faith with

[4:46:01] patient to find these to find these win-win solutions. And both of them have, and I've

[4:46:07] been really pleased and happy with how we've worked together already.

[4:46:15] So that's basically

[4:46:17] our ask today. We think that there are enough brilliant lines in the room to find a win-win

[4:46:23] solution and to have these land uses coexist, we port leadership would love to see us grow

[4:46:32] maritime revenue and we're simultaneously facing a grudge reduction, so thank you for

[4:46:36] your time.

[4:46:41] Thank you.

[4:46:42] We have a money Robinson followed by Paul Query.

[4:46:48] Excuse me, you guys have a reason in here.

[4:46:51] Good evening, commissioners.

[4:46:52] I'm really excited to be here and I'm really excited to support sky chargers.

[4:46:56] I love the idea, of course, zero admission going to spring in San Diego to a more sustainable

[4:47:05] environment and clean air environment. I am a native San Diego, and I am also a professional

[4:47:12] volunteer. I chair my park, which is 111 years old, Mountain View, and I am also a commissioner

[4:47:20] on the Arts and Coaster Commission.

[4:47:22] So Anita Lopez brought me into a meeting with sky charters, and I am completely impressed.

[4:47:30] Not with just the fact that going zero emissions, but supporting the other truckers that

[4:47:40] will no longer be in diesel and having them transition into zero admission and electric trucks.

[4:47:47] I think that is just brilliant and I have commissioned several new public art projects and I'm

[4:47:56] really excited about the art incorporated in this project. Supporting not only just the community,

[4:48:09] but supporting the truckers in transition and the ability to bring in more new entrepreneurs into this

[4:48:18] field. I'm really excited about that. I also want to make sure that all communities are involved.

[4:48:28] I, like I said before, I chair Mountain View Park and the surrounding areas are usually underserved

[4:48:35] historically underrepresented and not included, and I have committed myself to making sky

[4:48:44] charge accountable to being inclusive on who is a part of this project and it's actually

[4:48:54] does the work.

[4:48:55] So I'm really excited and thank you for giving me this time.

[4:49:00] Thank you.

[4:49:02] We have Paul Cleary.

[4:49:09] Thanks for this opportunity.

[4:49:10] Commissioner should really appreciate it.

[4:49:12] Here to as a proud partner of Gage Europe proposal.

[4:49:15] My name is Paul Cleary.

[4:49:16] I'm the Executive Director of Great Alternative San Diego.

[4:49:18] We're a nonprofit organization.

[4:49:21] And we really work to bring renewable energy to communities that

[4:49:23] concern and also to help train the green workforce of tomorrow.

[4:49:27] We've served over the last several years over 120 families in

[4:49:31] port-side environmental justice communities.

[4:49:33] Helping get solar and help install systems that are going to

[4:49:37] generate over three million dollars in savings for those families and each one of those

[4:49:42] projects is also a classroom on the roof where folks can get hands-on experience that

[4:49:46] can connect into careers in solar and grid is provided over 21,000 families that we work with

[4:49:51] right and their projects have provided over 21,000 hours of hands-on experience for folks looking

[4:49:57] for to advance the careers, and we just...

[4:50:00] Just look forward to taking this experience to work with Gage Year to develop a work for a training program that really benefits members of AB 17 communities.

[4:50:09] The focus of our training really is around making it accessible and inclusive to folks who otherwise are traditionally aren't included in that.

[4:50:17] Don't have access to that kind of training and just yeah, urge to support Gage Year proposal. Thank you.

[4:50:25] That concludes public comment.

[4:50:26] Okay. Thank you. We'll now move on to Councilman Marcus Bush from National City.

[4:50:33] Thank you, Chair. I apologize. I didn't submit a speaker slip on this.

[4:50:36] And so I support this item. I appreciate what the staff is doing forward.

[4:50:39] Let me just say real quick, just I don't want to rehash last item.

[4:50:42] But I will say I do appreciate for the first time.

[4:50:44] I heard from each of you about the chair. That was the first time we had a discussion.

[4:50:49] I hope we continue more discussions. I may not agree with what you guys say or do.

[4:50:55] But at the end of the day, items like this, like we still have to do the work, right?

[4:50:59] And we still have to cooperate and push things forward.

[4:51:03] And so I appreciate all of your guys' work on this.

[4:51:08] I also want to give us a shout-out to staff, Maggie Weber, who came to our council meeting,

[4:51:15] and presented this item to us.

[4:51:17] And so we give suggestions on me, benefit item.

[4:51:20] One of the things that I mentioned, they hope you consider as part of this,

[4:51:24] just everything that you do in general that we all should do, recognize in this schumian land,

[4:51:29] originally, and that part of our heritage, our culture, our history gets lost.

[4:51:35] So there are some ideas about just in the proposals, the land use, and what kind of, I mean,

[4:51:41] it got into the detail of tree selection, and so I encouraged staff to work with the schumian

[4:51:46] community.

[4:51:46] We had an attendance, Dr. Stan Rodriguez, who's, for that which, I mean, is Council member from the northern part of the county.

[4:51:56] But so he's connected to Kumi Academy of College, so there's a lot of resources opportunity there.

[4:52:02] So, but yeah, just that was my comment to Maggie was whatever we can do to incorporate the Kumi Academy into these proposals.

[4:52:11] I would be great. Thank you.

[4:52:13] Thank you.

[4:52:15] We'll then move on to Commissioner questions and comments.

[4:52:18] Commissioner Malcolm.

[4:52:20] Thank you, Chair.

[4:52:22] First, thank you, Councilman Bush, for those comments in the beginning.

[4:52:24] I appreciate that.

[4:52:25] We should always continue to talk to each other.

[4:52:27] And you're right.

[4:52:28] We have a lot of work to do collectively to implement our share goal.

[4:52:33] I've helped equity for all MCAS get the air cleaner.

[4:52:37] So we're going to be working together a lot.

[4:52:40] I want to thank staff and the proposals.

[4:52:42] This is a long process, it was a lot of reading, my eyes were blurry, and I wish I could tell

[4:52:51] you that I read every word of both proposals, I tried to read it as much as I could, and

[4:52:57] I do have a couple of questions and a couple of comments, and I'm going to go try and go

[4:53:01] quick for the amount of time that we have here that we've already been here.

[4:53:08] Just a couple questions, which staff may or may not be able to answer, I know you can answer

[4:53:14] this one.

[4:53:15] The land area of each proposal, gauge is looking at parcel 3, sky chargers is looking

[4:53:21] at parcel 1.

[4:53:21] What are the acreages of each of those?

[4:53:27] Thanks Commissioner Maggie Weber for the record.

[4:53:31] I believe gauge 0 is interested in parcel 3 as you mentioned, and that's around

[4:53:36] approximations three acres and skychargers is interested in parcel one which is

[4:53:43] approximately eight acres and both parties have expressed interest in expanding

[4:53:50] if utilization allows it to. Okay and there was representations made that

[4:53:58] meeting or 2026 and 2030 goals gauge zero talked about that their proposal would meet

[4:54:08] our charging goals. Has staffed on any independent analysis of that and determined

[4:54:15] because they're talking about 56 trucks or 98 trucks after phase two, 56 trucks

[4:54:21] of phase one. If you guys analyze that or do you really know I mean can you juxtapose those

[4:54:27] numbers to our MCAS goals.

[4:54:30] Yeah, in the longer presentations that they gave us during the RFP process, they both

[4:54:37] party-sided the truck transition plan as their guidance for that and believe so, Gibbons

[4:54:42] is in the room.

[4:54:43] He can probably speak to that better than me.

[4:54:47] Mr. Gibbons,

[4:54:50] waiting all back there all day for this moment,

[4:54:54] yeah, so our truck transition

[4:54:55] plan that we presented to this board in June of 2022 estimates.

[4:55:00] We need about 80 to 150 trucks, the most frequent flyers to our terminals to reach our goals.

[4:55:07] I'm assuming that gauge zero's proposal was trying to get to that level, but it may not actually get to the full 40% target with 56 trucks.

[4:55:20] Okay. In terms of financing, Sky Charter had some very impressive partners. Thank you very much.

[4:55:30] I read and gauge zeros proposal that they were looking for, but not yet had found grant partners and they were looking for our help.

[4:55:40] So what I want to make sure because both proposals make clear that the port is not going to have

[4:55:45] to contribute any money to this, gauge euro did talk about arc financial in their 300 million.

[4:55:54] I just want to make sure that sitting here today, both proposals are able to finance and pay

[4:56:02] for the projects that they put forward.

[4:56:05] Or this is not on the come and that one or the other proposals would actually need additional financing partner to make the project happen.

[4:56:36] Thank you for the question.

[4:56:38] that we are going to be applying for third-party grandson incentives across the board, both for

[4:56:43] the transportation piece, as well as for other components of the project, but we are capable

[4:56:48] with the sizing and the utilization that's expected to move forward without those.

[4:56:52] Okay, and just stay there as long as you're there, but I did read in your proposal that you were

[4:56:57] looking for some help with some grant writing, which I think we can help you with, we're happy to,

[4:57:03] you know, if you were the selected as a proposal, but just to make sure that it's not relying

[4:57:07] on that grant. That is correct. I believe that we would be more successful in partnership with you in

[4:57:13] terms of applying for the grants, which is why we have not yet applied for the grants, but we would

[4:57:18] look to do that in partnership with you going forward. Okay, and do you have any experience with Hydrogen?

[4:57:27] If technology shifted and we needed to do some hydrogen refueling, do you have any experience in that area?

[4:57:35] Commissioner, I believe that no one in the United States currently has experienced with hydrogen.

[4:57:41] I will say that we have experienced the team and I have experienced in renewable natural gas,

[4:57:47] as well as a significant number of different types of technologies.

[4:57:51] We don't believe that hydrogen technology is present yet.

[4:57:56] However, we do believe that you can transition the technology,

[4:57:59] which is one of the reasons why we're phasing it in to ensure that we have the best possible technology as we do the phasing of the projects.

[4:58:08] Okay, thank you very much.

[4:58:10] And Sky Charger to you in terms of any additional funding grant.

[4:58:14] The additional funding we have, we're profitable company, we're funded off our own balance sheet.

[4:58:19] In terms of grants, we've already moved ahead and submitted grant funding.

[4:58:24] We received the highest score from the CDC and have subsequently submitted for funding.

[4:58:34] Our project does not know the project economics that we put forward does not assume any grant funding.

[4:58:42] So if we get grant funding, that's grant funding that we can share in the form of higher

[4:58:52] or leasing terms to the truckers or more money to the community or all of the above.

[4:58:58] Okay, and do you want to open on the future of technology and hydrogen and your ability to...

[4:59:03] So, first of all...

[4:59:03] Could you please speak into them, Microsoft?

[4:59:05] Yeah, I'm sorry.

[4:59:07] So, first of all, Matt, do you want to talk about what you guys have done?

[4:59:12] Hydrogen is a technology that is on the comet.

[4:59:15] It is certainly behind battery electric.

[4:59:17] It may or may not get there.

[4:59:19] There's certainly plenty of people who want it to get there, but I mean Toyota wanted to build hydrogen cars for, you know, for 20 years, and now, you know, they're making making electric cars.

[4:59:30] I mean, they thought it was hydrogen was the future. Maybe it gets there, and maybe it doesn't.

[4:59:35] We're agnostic technology, right? But burdens and McDonald has had some experience.

[4:59:41] Yeah, so great question. Commissioner Malcolm.

[4:59:45] So as far as hydrogen is concerned, it's true that it is still developing technology in terms

[4:59:50] of hydrogen fuel cell.

[4:59:51] We are currently working on projects across the country, right now they're pilot scale

[4:59:55] for both the generation of hydrogen green hydrogen electrolysis, as well as steam.

[5:00:00] And then also moving that for the transport and actually deployment for vehicles as well, currently up at the port of Los Angeles.

[5:00:09] There are some pilot projects that are being started for doing hydrogen fuel cell top hammers and things of that nature.

[5:00:15] So I would say that when you look at the progression in terms of commercial readiness, right now battery electric is probably about five years ahead of where hydrogen fuel cell is.

[5:00:24] but in the next five years,

[5:00:26] also if you look at some of the technologies,

[5:00:28] like for example, Taylor, who develops a lot of day,

[5:00:31] Cargo Halley equipment,

[5:00:33] you actually see that they're offering three different things.

[5:00:36] So, and when you look at the progression,

[5:00:37] it's first battery electric today, in addition to diesel,

[5:00:40] the next is the hydrogen fuel cell,

[5:00:42] and probably an exciting area is direct burn

[5:00:45] of hydrogen and engines,

[5:00:46] and that's probably another few years there out.

[5:00:49] So, we're hydrogen, I think, really fits in in particular,

[5:00:51] is on those longer hall trucks.

[5:00:53] having a little more flexibility for range and then also, you know, feeling being more typical

[5:00:59] to like a diesel equivalent.

[5:01:02] Thank you very much for those answers.

[5:01:06] So I'm not going to really put my thumb on either one of the proposals at this point.

[5:01:11] I'm going to talk about some general things that are important to me, which may be totally

[5:01:15] different than what are important to my colleague.

[5:01:18] So, but I know that you guys are going to be potentially revising your proposals based upon what you hear.

[5:01:26] So, the first thing I want to say is that this isn't iterative process that actually says it on page 3 of our staff report.

[5:01:35] It's my belief that we should proceed cautiously and carefully at the port.

[5:01:41] We'll also try to meet our goals.

[5:01:43] We've set goals and we want to meet them, 2026 and 2030 goals, but I want to balance that

[5:01:50] also with our obligation to maritime, which we are a port and we do have an obligation.

[5:01:57] And we've heard from one of our tenants' patients that utilize this desights right now

[5:02:02] for, I believe, you said 30,000 cars a year, which is probably upwards of 800,000 to a million

[5:02:08] dollars of maritime revenue to the poor.

[5:02:10] Somewhere around there, I don't know, but we need to do both all the time.

[5:02:18] We need to do maritime and we also need to meet our goals.

[5:02:23] So with that being said, I am at this point a little more attracted to a smaller footprint

[5:02:30] while meeting our goals because that also helps maritime.

[5:02:34] Either way we go, I want to make sure and I want written into the agreement that the winning

[5:02:40] bidder is going to collaborate with our poor tenants.

[5:02:43] It's going to work to minimize disturbance and actually above that standard actually collaborate

[5:02:49] and work with them to help their business along with building out this truck stop.

[5:02:57] So that would be something that would be very important to me.

[5:03:00] I know it's important to our, our, our, our tenant, particularly patient right there.

[5:03:12] I want to, EHC actually brought this up and it was a question of mine as well.

[5:03:17] And that is priority for existing port tenant trucks.

[5:03:23] We're, we're not building this, you know, for other trucks to come in,

[5:03:27] we really want to show priority.

[5:03:28] I did read the proposals.

[5:03:29] Sky Charger, you address it 2.1.4 and page 4, you address priority for port trucks.

[5:03:39] I really like gauge zero, it has a 10% discount for port-serving trucks, so I see things

[5:03:46] in both proposals that I like, I like the discount, I like the priority, I would like

[5:03:53] that better address on how exactly you're going to do that when you reset mid these proposals

[5:03:59] and perhaps Sky Charger would want to think about that.

[5:04:02] Gage, I think perhaps you want to think about a little bit more flushing in on how you

[5:04:06] are going to prioritize that and what that actually looks like, you know, to do that.

[5:04:13] Financial system we talked about. I noticed that Sky Charger in their proposal

[5:04:25] talk about leasing land back to Pasha, that they didn't need.

[5:04:31] And while I appreciate that, I kind of feel like I want to size this right, and I want

[5:04:38] the Port of San Diego to maintain, you know, our ability to lease land and to do tubes,

[5:04:44] rather than relying on our proposal to do that.

[5:04:47] I think that we are the best, you know, so I appreciate what you're trying to do there because

[5:04:52] you're trying to solve a problem and you're trying to collaborate with tenants, but it really

[5:04:57] gets back down, the sizing for me, and getting...

[5:05:00] To the size that works, you know, understanding that the iterative process is not going to stop with this project.

[5:05:10] Technology is going to advance. And in fact, when I was in South Korea, I talked to a lot a few people about hydrogen trucks and about their thoughts on hydrogen, especially power takeoff trucks that need to refrigerate or need to move cement,

[5:05:27] you know, and how hydrogen is really much more efficient, you know, to that than an electric power.

[5:05:34] So, a lot of people have a lot of opinions. I'm just a dumb real estate guy, you know,

[5:05:38] but, but I did hear a lot of opinions out there that, you know, we're saying maybe hydrogen is coming.

[5:05:45] So, I don't want to get too overly invested right now. That's kind of, that's kind of my feeling.

[5:05:51] I kind of want to do the minimum project to meet our goals, you know, but also kind of leave

[5:05:58] leave room for our maritime tenets. So that's kind of, that's kind of my sense here.

[5:06:09] On the rent, it was just curious to me.

[5:06:15] Gage 0 is got 650,000 of guaranteed minimum rent.

[5:06:20] I think I read that right, I read that right.

[5:06:23] And then 10% on charging rent and 5% of other rent.

[5:06:28] Sky Chargers has 350,000 of guaranteed rent,

[5:06:33] plus 10% of all other income.

[5:06:35] So obviously there's things I like about both.

[5:06:38] I like the higher guaranteed rent of gauge.

[5:06:41] I like the 10% guaranteed on all revenue of sky chargers.

[5:06:47] So there's something I like about both of that.

[5:06:50] I'm a little bit flum-like, because Sky Chargers is a much bigger project and a much lower

[5:06:55] guaranteed rent.

[5:06:56] That doesn't make sense to me, although I'm sure you would tell me the 10% is going

[5:07:01] to make up the difference, but still, the guaranteed numbers, always an important number,

[5:07:05] also the least term.

[5:07:07] Sky Chargers has a 20-year lease.

[5:07:10] That is more of a commitment.

[5:07:11] I like that.

[5:07:13] Gave zero is 10 years.

[5:07:15] That's less of a commitment.

[5:07:16] You know, I'm looking for a little bit more of a commitment here, on least term, so I like 20 years more than I like 10 years.

[5:07:24] So I guess what you're hearing here is you're hearing that I like parts of different proposals.

[5:07:32] I really though, and focused on getting the most on the least footprint.

[5:07:39] That is big because maritime land and contiguous maritime land is extremely valuable to us and for our tenants.

[5:07:50] So that is going to be a major driver for me.

[5:07:52] But those are some of my thoughts.

[5:07:54] And I look forward to the revised proposals.

[5:07:56] And again, I thank you very much for both of your team's hard work on this.

[5:08:01] Thank you commissioner.

[5:08:02] Commissioner not on home.

[5:08:05] Yes, I have some questions and comments.

[5:08:07] And the first question I want to bring back the question that Kyle from Environmental Health

[5:08:12] Coalition, about the concern about trucking as a service.

[5:08:17] So if you can talk a little bit more about addressing his concern about trucking as a service

[5:08:23] and what he brought up.

[5:08:27] Thank you.

[5:08:29] There's two issues.

[5:08:31] There's two issues for a truck driver to adopt to an electric vehicle.

[5:08:35] I mean, if you're a small fleet owner or you're an independent operator, the only thing that

[5:08:40] you rely on, the thing you rely on, day in and day out and set your truck works.

[5:08:45] So why am I going to take, why am I going to get rid of my truck that works to take on

[5:08:49] a new technology?

[5:08:50] So there's a technology, you know, how do you get somebody in, you know, get somebody to

[5:08:54] be an early adopter on technology?

[5:08:56] And then also, you know, how do you create a financing solution that's better than market?

[5:09:04] Well, there's an opportunity because the economics of this, we can make the economics of this

[5:09:14] program work without grant funding. But there's grant funding. So the portion of that should go

[5:09:22] to creating a, and this is our thesis, this is our model, this is what we're putting together.

[5:09:31] is that a portion of that should go back to the truck driver in the term, in the form of a lower

[5:09:39] lease, a better rate, a shorter lease, and a better rate, so that they can have the equity of

[5:09:45] ownership quicker. The second thing is the adoption of the electric vehicle. So part of our

[5:10:00] Some period of time where you park your diesel truck in our, in our lot and you drive the electric truck before you're committed to owning it, before you're committed to leasing it, so that you understand.

[5:10:11] And we'll also have vehicle, you know, replacement vehicles. So if they break down, we're there to support the driver.

[5:10:19] The driver is the guy, he has to be rewarded for taking the chance. And the reality is to meet the goal of 2026, or even the goal of 2030,

[5:10:28] that the truckers have to have to buy off on this.

[5:10:32] I know California's put a gun to their head,

[5:10:35] but in order to meet the port's goals,

[5:10:38] there's gonna be, you're gonna have to,

[5:10:40] we can, the first place anybody would focus is on

[5:10:44] the trucks that are older,

[5:10:47] but you're gonna have to be early replacement

[5:10:49] of diesel vehicles, and to do that,

[5:10:52] there has to be both the economic assurory

[5:10:54] and the assuray on the technology that they can do this with minimal risk.

[5:11:04] And it's not for every truck.

[5:11:06] Battery electric trucks are only going to give you 250 miles worth of range.

[5:11:14] So the trucks that are driving 500 miles in back, that's not the battery electric trucks

[5:11:23] are not currently not the right technology for them.

[5:11:27] So we're going to be looking to focus on frequent flyers who are running shorter routes.

[5:11:35] And then obviously older trucks and then with diesel replacement for the trucks that are

[5:11:39] still not forced to replace, but that are older.

[5:11:44] Do that help you in your question?

[5:11:46] Yes, thank you.

[5:11:51] Good evening.

[5:11:52] My name is Sam here.

[5:11:52] and say, we business development gauge zero.

[5:11:54] Thank you, Commissioner's Chair, Acting President,

[5:11:57] and Commissioner and around hope for the question.

[5:11:59] You know, San Diego is, the person anger

[5:12:03] is the leading edge of the leading edge here,

[5:12:05] because California has adopted advanced clean fleets,

[5:12:08] which is pushing everything forward.

[5:12:09] San Diego, the person anger has adopted a goal

[5:12:12] that is even more ambitious than what Carlos

[5:12:14] thing that we have to do at ports.

[5:12:16] And that's incredible.

[5:12:18] And we are collectively going to live and die

[5:12:20] by this success of this project, and the way to do that is we have to bring the drivers

[5:12:24] along with us.

[5:12:26] And we are members of the Harvard Trucking Association, which has fleets it, fleets

[5:12:32] and truckers all up and down, not only California, but also the entire West Coast, and we're

[5:12:36] hearing time and again from the truckers that are part of this community that, like, how are

[5:12:39] we going to do this?

[5:12:40] Who is going to help us do this?

[5:12:41] And we have some big names, like Dole and Pasha, who have been doing amazing work, leading

[5:12:46] this and you know all the back to 2015-2016 is, if Mr. Sylvester said, but we have to be able

[5:12:52] to bring everyone along with us. And if we don't succeed here, then I'm fearful for what

[5:12:59] that means for the whole climate movement quite frankly. So it's extremely important that

[5:13:04] we get this right. And we have to make this easy for the actual truckers, the truck and

[5:13:09] companies, and the drivers, to make this happen. So what we're going to do to get there is

[5:13:14] we have already began to reach to trucking companies,

[5:13:19] Dr. H Company's both large and small,

[5:13:21] including one very small company called Jacob Trucking,

[5:13:23] which has 10 trucks, I believe,

[5:13:25] they serve the port here.

[5:13:27] And we provide financing options that help them to do this.

[5:13:30] So it's so complicated.

[5:13:31] They have to figure it each way.

[5:13:33] And they have to figure out all sorts of card programs

[5:13:36] and regulations like we just want to take away all those headaches

[5:13:39] and make it as easy as possible for drivers to transition.

[5:13:41] And they're not going to be able to do it unless we do that.

[5:13:43] So we're providing the financing for them to be able to get these trucks that you don't have to

[5:13:48] put out any upfront capital at all. We will put all that up for them. We can either lease it to them

[5:13:54] with a very clear lease to own path or we can finance it if they just want to start right off the

[5:13:59] bat owning it themselves. We provide maintenance services and of course crucially provide the charging as well.

[5:14:06] So it has to be a whole package and that's what we offer and if we don't do that we won't succeed.

[5:14:10] So it's extremely important.

[5:14:15] Thank you.

[5:14:15] And then I have a separate question for both of the bidder.

[5:14:18] So the separate question I have is about demonstration

[5:14:23] of the functionality of the charging to demonstrate

[5:14:25] because this was mentioned.

[5:14:27] When I had the meeting with the Environmental Health Coalition,

[5:14:30] they had shared with me.

[5:14:31] There's some sites that some of the charges are not working.

[5:14:34] So how can you share your demonstration,

[5:14:36] make sure it's functional and there's no loss opportunity there.

[5:14:43] So for the Skyview team, one of the things

[5:14:46] we're doing is repartoring with charge point. Charge point of course has a network of tens of

[5:14:52] thousands of chargers in California. They have a service model. So part of what we're in

[5:14:58] terms of the plan for the site is...

[5:15:00] Is building a little bit of redundancy in terms of number of chargers, recognizing that chargers can go down. But then having additional chargers there for other trucks plug into, I mean, especially early on, I would expect that there may be more chargers than there will be demand for trucks, which will provide that redundancy. So when they go offline, charge point will get a signal, that triggers maintenance event to get that back up and line quickly. So that's really a pretty much a standard approach by partnering with the company like charge point.

[5:15:31] Thank you.

[5:15:39] Thank you very much.

[5:15:42] Thank you very much for the question.

[5:15:44] I'm partly filler our Chief Development Officer for gauge zero.

[5:15:48] Just to speak a little bit about our operations and maintenance.

[5:15:51] So we will be the long-term owner and operator of the site.

[5:15:55] We understand that the, you know, reliability of the equipment is going to be critical to a driver.

[5:16:03] is unacceptable for them to show up and not be able to charge, that does not work within their

[5:16:10] current operations within their day. So that would be a huge costing convenience and really

[5:16:18] put it parallel to success of this project. If this equipment is not reliable, that's why we've built

[5:16:22] in additional budget for spare parts on site, for on site operations management, who are there

[5:16:31] today doing preventative maintenance checks, you know, making sure that there is

[5:16:35] a operations maintenance cycle that really ensures this reliability and that's

[5:16:39] supported by your vendor commitments that they have contractually committed to

[5:16:44] certain uptime guarantees and that is backed up by the agreements that we have

[5:16:49] supporting our operations in place. So that's really critical to our ability to

[5:16:55] provide a reliable service to the truck and community that we're going to be

[5:17:00] here. Thank you. So that's those are the only two questions I had so I'm just going to go into my

[5:17:07] comments. So my comments. Just thank you, poor staff. Thank you Maggie. I just want to express my gratitude

[5:17:13] to the team for really just taking this proactive approach on this topic. Also for being very open

[5:17:21] and transparent communication with all the stakeholders together really early input. You showed

[5:17:26] timeline of where we were talking to, talking to my city, talking to other groups, to really talk

[5:17:32] about the RFP, on the charging stations, and I just want to thank you for your dedication. I want

[5:17:39] to say I am super impressed with both proposals, and it's really exciting to see how we're really

[5:17:44] moving towards meeting our MCAS goals. So the input I have that I'm going to provide is what I

[5:17:56] I throw in national city, national city, you know, mainly industrial, and so, you know, we're proud to carry on and mean the future and being part of the team.

[5:18:04] So here are some important considerations that we want to see included in the winning bid.

[5:18:10] So first, really outline detail, the comprehensive truck traffic, management study, and plan to ensure like smooth flow of the incoming trucks I'll be going in from 19 Avenue and Thailand.

[5:18:21] This will help minimize any potential disruptions in ensure efficient operations on our streets.

[5:18:28] Secondly, it was recommended that a portion of the revenue, we talked about revenue sharing,

[5:18:34] that going to the district, that there is a portion that's allocated kind of like our maritime industrial impact fund,

[5:18:39] where it goes into off-tilens and programs that really help our community,

[5:18:43] but a fund that is this same way, but utilized to address the various impacts caused by the project.

[5:18:49] So for instance, it could be supporting hiring code enforcement officers, like the truck routes,

[5:18:56] like enforcing our truck routes in national city.

[5:18:58] It could also be allocated for road maintenance and improvements because as we know that's

[5:19:05] battery electric vehicle trucks are heavier and they could have more impact on our streets.

[5:19:10] And so that's a safety issue.

[5:19:11] So we're going to make sure that we can accommodate that and also reiterating what we've

[5:19:19] Council Member Marcus Bush about really being meaningful on community benefits so just beyond

[5:19:25] the, you know, on site murals because there was a proposal for the murals at the location,

[5:19:30] but I think it's really, you know, we look at murals looking into other areas, part of the community,

[5:19:37] enhancing the communities aesthetic appeal, also like my council member said, when we talk about

[5:19:49] it becomes, you know, there's an actual educational component. So it's not necessarily just a

[5:19:53] trust, but it's, it's all connected. And just really exploring other potential benefits that

[5:19:59] I like.

[5:20:00] The committee needs that should also be considered. So it's not just these two things, but I know that the community has outlined in the

[5:20:06] serve, but also in more detail. The city is definitely willing to talk specific about what those

[5:20:18] again and no look for and to see the winning better and get moving on to me and our goals.

[5:20:26] Thank you commissioner and more.

[5:20:31] Thank you first I want to say I am I absolutely in agreement with

[5:20:38] the comments that were made by both the commissioners. I am particularly interested as well in the

[5:20:44] local community benefit and I'm wondering regarding I'm also intrigued by this training program

[5:20:51] especially in conjunction I believe it's with IBW did I get that correct?

[5:20:57] So to me it seems like that would be a great opportunity to tap into local residents within

[5:21:05] national city and to be able to provide perhaps training programs with a certain

[5:21:12] maybe guaranteed percentage of people living in national city as part of the community

[5:21:18] benefit is that something that you guys have thought about or is that absolutely I think really the the main the main the center and equity in this work is saying that yes we really want to meet the national city

[5:21:32] residents

[5:21:32] but I am also a San Diego resident and I know a lot of our conversations don't really include Southeast San Diego and that's where I do much work and so I have been

[5:21:43] consistently involved with the environmental health coalition as a resident, knowing that this

[5:21:49] work has to happen, but I'm also involved in many coalitions that are looking at south

[5:21:53] of any communities that are south of the eight interstate. And so what we're really missing in

[5:21:59] all of this climate work is the workforce. But what we're learning also is that it's bigger than

[5:22:06] the trade, the high road jobs. So IBEW will provide the

[5:22:12] electrician training but it really doesn't address the issues

[5:22:16] about not having great stem programs in our communities.

[5:22:20] So we really want to encourage what is relevant and most

[5:22:23] beneficial to community members who want to take action and that

[5:22:26] would be something like really connecting with some community health

[5:22:29] programs. Because those are the advocates, those are the

[5:22:32] individuals that are learning about the health impacts and those are

[5:22:34] individuals that are actually going to be able to become more

[5:22:39] adopting and really encourage their families.

[5:22:42] So modeling and really looking at some of those

[5:22:44] community health programs that can then foster adoption within

[5:22:49] families in national city, Southeast San Diego.

[5:22:53] And then also looking at the STEM education programs that are

[5:22:56] existing within the schools and maybe connecting with

[5:23:00] we're doing in high school district and also the national city school district so that those

[5:23:06] students are offered the opportunity to learn a little bit more about what you need to do in

[5:23:12] school in order for you to become an electrician for you to be able to manage and maintain. And then

[5:23:18] ideally in the long term we really want to engage in the entrepreneurial conversation because we know

[5:23:23] that many of our systems do not really make it accessible to join climate career programs.

[5:23:31] We don't have enough, and so we really take a lens of looking at what are all the pathways

[5:23:36] in which we can really engage community.

[5:23:38] And we would offer those ongoing training programs to all of the coalition members that

[5:23:45] you heard speaking on behalf of this project, either through a voicemail or here, I would

[5:23:50] of money Robinson, and then connecting with the educational cultural complex who are already

[5:23:55] doing some mechanical work. So all of these collectively along with the electrician training

[5:24:00] with IBEW allows us to have a full scope of how do you engage the community and the workforce

[5:24:05] development aspect of this project? And so that's really our goal here.

[5:24:10] Thank you very much for that. I can tell you that me personally I'm very interested in the training

[5:24:15] program because jobs are really important and this is something of a future trade I think

[5:24:22] that would become you know life-changing for people and I know I represent the City of

[5:24:26] Chilivista and I know one of the big things that was really important was this idea that

[5:24:31] our big project going on right now would create 6,000 4,000 community jobs so I'm really you

[5:24:38] know interested in would like to get more detail on the next time the proposals come regarding

[5:24:44] exactly looking at this training program and how you can, you know, sort of involve the community

[5:24:49] and to be able to look at, you know, their future in this particular field. So that's when I'm

[5:24:56] interested. Yeah. Great.

[5:25:00] Yeah, thank you, I think. Yeah, thank you, and I think.

[5:25:05] Hello, for the record stand there. It's head of business development in GFZR. I'm just very briefly, I want to address the comment from Mr. Moore regarding that lease term, and actually we agree.

[5:25:15] We would rather do a longer lease term. So, you'd be ready to see that 20-year plus.

[5:25:22] Yes, longer is better for everybody. Getting to community benefits, I thought maybe we would just say a few words, go in a little more detail than what we had on the slide

[5:25:30] that Zayna presented earlier since there was a lot on there.

[5:25:34] But we have actually, at the highest level,

[5:25:37] we're allocating $67.5,000 per year,

[5:25:41] which actually gets to, I think someone's coming early,

[5:25:43] you said, don't do it just as a one-time thing,

[5:25:45] do it as a per year thing.

[5:25:46] So we're actually arguing that $67.5,000 per year.

[5:25:49] And we have a quite a multifaceted,

[5:25:51] a series of community benefits that interact with

[5:25:55] and obviously benefit at a local community.

[5:25:58] So, firstly, we will be seeking to work with minority, women, and veteran-owned businesses

[5:26:05] as much as we can within local community.

[5:26:10] We heard from Mr. Cleary from Grid Alternatives, who's one of our partners, and we will

[5:26:14] be doing workforce development trainings, developing a program with Grid to get people

[5:26:20] from the community to actually learn these critical skills that are going to be forward right

[5:26:24] going forward.

[5:26:24] But they say every job is a climate job now, right?

[5:26:27] So we need to actually get our young people to learn these skills and get them out into

[5:26:32] the workforce, to help amplify and kind of have these ripple effects to bring sustainability

[5:26:38] and climate impact to everywhere we can.

[5:26:41] We also separately have a letter of support from the urban core of San Diego to do the landscape

[5:26:48] development, and that, as you probably know, involves young people from the community helping

[5:26:53] them, you know, putting them into this great chain program as well, and we want to, you know,

[5:26:57] with all of this, have our community benefit manager, make sure that we are, you know,

[5:27:03] continually having a sort of a bidirectional conversation with the community in the AB6IX-17

[5:27:08] communities so that we can make sure we're doing these things in the right way and adjust if, you know,

[5:27:12] there are things that we're not doing, there are things that we should start doing stuff

[5:27:14] doing whatever it is. We want to make sure that we are constantly, you know, getting that feedback and

[5:27:18] existing.

[5:27:21] Additionally, regarding the microgrid that we will be building on the site, which

[5:27:24] is supported with solar and battery storage, that can serve as a resilience hub for the

[5:27:29] community in the event of one of the now infamous PSPSs, right? These are public safety

[5:27:34] power shut-offs, where suddenly these power, or if there's climate-related disasters, or

[5:27:41] emergency is going on, we can be a source for emergency personnel to do their staging and to

[5:27:47] community and be a source of power for people in the community to come and charge their phones

[5:27:52] or use their emergency radio as whatever it might be during those situations.

[5:27:58] Finally, I wanted to say a couple of words about our STEM program as well, which we only mentioned

[5:28:04] very briefly, but we have a portion of that $67.5,000 is set aside for either or a teacher,

[5:28:16] externship programs, so to bring teachers and the local public school system in to learn about

[5:28:21] these technologies and be able to then bring that to their students and help them understand

[5:28:25] what is going on here and get prepared for the new reality that we are doing, which is

[5:28:30] that every job is a climate job.

[5:28:33] And we want to have an internship program for our school seniors to actually come onto the

[5:28:38] site and get real world experience with what this is all about as well.

[5:28:44] And then finally, sorry, one more thing.

[5:28:47] In terms of the air purifiers that we mentioned very briefly,

[5:28:50] so there's the pair program, and I understand

[5:28:54] the pair program is that there are certain boundaries

[5:28:58] of where that applies to, but there are people who are just

[5:29:01] outside of those boundaries who will not, unfortunately,

[5:29:04] be able to benefit from the funding in the pair program.

[5:29:06] So what we're proposing to do is to actually

[5:29:08] sort of boost the pair program and provide some of that funding

[5:29:11] to bring air purifiers into the homes of residents who would not otherwise be able to get it through the pair program.

[5:29:19] Thank you.

[5:29:21] So first of all, I want to say I like both proposals.

[5:29:24] I haven't made up my mind just throwing that out there.

[5:29:27] I would like next time when it's in front of us,

[5:29:30] maybe if we can get a little bit of a side-by-side comparison.

[5:29:34] I'm sure you're probably going to do that anyways,

[5:29:36] but I think it would be helpful for me.

[5:29:38] I'm also interested in the phasing aspect of the project.

[5:29:44] When both projects face go to phase two, I'd like to understand that a little bit more,

[5:29:50] and I'd like to understand the trigger, and I'd like to understand a little bit more

[5:29:54] of maybe the aspects of it that might provide more certainty.

[5:29:59] I wasn't really...

[5:30:00] Quite sure on the proposal exactly how certain you would be phasing into phase 2.

[5:30:09] So, like to get a little bit more information about that. I also do think that I do like the fact the smaller side as opposed to the bigger site.

[5:30:19] But, you know what, I'd like maybe get more information of the particular location of both sites and what surrounds it.

[5:30:28] And so I'd like to get a little bit better understanding about that.

[5:30:32] I also want to make sure to stress, to make sure that both companies would work with the

[5:30:37] tenants that are already there, the tenant that's already there, to make sure that they're

[5:30:42] not hampered with respect to what it is that they need to do on the site.

[5:30:46] And then this idea of the trekking as a service, I'm not really sure if I quite understand

[5:30:53] completely. And I'm wondering if the representative from HC could come up and explain a little bit more

[5:31:00] because for me just being a layman, it seems like this trucking as a service, this idea would be a

[5:31:08] good idea if the idea was to get people to sort of trade in their diesel trucks for an electric truck.

[5:31:16] And so I guess I'm just trying to understand like what the concerns are.

[5:31:19] Yeah, two minutes is not a lot of time.

[5:31:21] Thank you.

[5:31:22] Yeah.

[5:31:23] Yeah.

[5:31:23] So I agree with you that the trucking as a service is an opportunity to get past a lot of those hurdles.

[5:31:31] I think that we're concerned about the lack of flexibility in that model is that you might be like in order to charge here you have to have a lease or

[5:31:43] being a little too restrictive because there's a lot of small independent owner operator trucks

[5:31:52] where the current truck that they own is like the biggest asset that they have for their

[5:31:57] family and for their wealth generation. So it's more about us not having all of the details

[5:32:03] knowing what and I'm sure that those are probably still in flux like what is the least term

[5:32:10] how much is it going to cost?

[5:32:11] What are they going to do with their current truck and how long are they going to be on the

[5:32:17] lease?

[5:32:17] Like we don't want them to be beholden to that lease.

[5:32:20] So it's more about protecting the workers, protecting the truck operators, and giving flexibility

[5:32:27] for the site to not be so rigid in that structure that that makes sense.

[5:32:33] Yeah, I think it does.

[5:32:34] I think I get that.

[5:32:34] And so I think the idea is that if, in the long run, you're talking about encouraging people

[5:32:40] to trade in their diesel because they get a good deal sort of speak on a electric truck,

[5:32:47] that's something that would work, but you're concerned about what the details of the financing would be,

[5:32:52] because that's something that would actually, in the long run, hurt these independent truckers.

[5:32:57] Correct. It's about the details. The concept is great. Like we need to give more opportunities for people to make the switch.

[5:33:03] it's my details. Okay, great. Thank you. So I think I think those are great questions and I think

[5:33:09] next time we'd probably I'd like to see a little bit more detail about that. I think both sides

[5:33:14] have somewhat of a version of that program and so I think understanding what that would involve

[5:33:20] would be great because you know just looking at it as a layman like I am it just seems like a good

[5:33:26] idea. If you can encourage people to come in and trade in their diesel trucks and drive off with

[5:33:31] electric truck, you know, I think it sounds like a great idea, but again, I think it's the

[5:33:36] detail that we probably need to see and what that involves. That's it for my questions.

[5:33:42] Thank you. Thank you. Seeing no other commissioner would like to speak on make a few comments.

[5:33:50] So I like them both, like certain things about each of them. Staff, thank you for all the work.

[5:33:58] It's incredible that we're at or we're at considering where we were when we're developing the MCAS, and this is extremely

[5:34:05] Promising it's exciting to hear from the Gaze-Zora representative that we're on the leading edge of the leading edge

[5:34:13] But no pressure. He also said that the climate movement depends on the success of this project. So it makes me a little nervous

[5:34:21] So with respect to the MCAS, our goals are that

[5:34:28] Our truck trips, pork generated related truck trips that we have,

[5:34:34] one of the goals again that by 20 to 26, it's a 40% reduction and then by 2020,

[5:34:40] 100%. 20, 20, 20, 20, 20, 20.

[5:34:43] Sorry, super aggressive, right.

[5:34:48] More aggressive than the state.

[5:34:51] Another complication is that at National City, half of the trucks,

[5:34:56] There is that right. Are you in the body trucks? Is that do I have that number right?

[5:35:00] So, the state, the goal for electrification of those trucks, it's even later, because those trucks are specialty trucks.

[5:35:09] So, if we're going to hit our goals or get near our goals, what's missing here is that we need more than just that these proposals are going to collaborate with our tenants.

[5:35:21] There needs to be some sort of three-way deal that gets cut.

[5:35:27] I think where those are customer contracts,

[5:35:32] where there is privity where we know that our goals

[5:35:36] are going to get advanced by this electric truck stop,

[5:35:38] because otherwise we're going to have an electric truck stop

[5:35:42] that may have opportunity charging.

[5:35:46] It will have customer contract charging,

[5:35:48] will have port serving truck priority charging, but what the the market's going to dictate that,

[5:35:55] like what's getting used and where and when and how we need to make sure that this great

[5:36:01] project that art tenants who have lots of truck trips and the good news is it's not a lot of trucks,

[5:36:06] right? Phil, like we know that it's like a manageable universe of trucks. Problem is,

[5:36:14] you know we had Mitsubishi for like 10 years trying to make a deal and they don't they

[5:36:17] kept telling us we don't control the trucks. We don't control the trucks. I can't remember how

[5:36:23] works with the old and then there's a patient. So great if you're able to get people into electric

[5:36:30] trucks and then they're going everywhere else but they're not servicing our port and helping us meet

[5:36:38] our goals. That's a problem. I mean we can have you could have a really successful great electric

[5:36:43] truck stop and we might be making a lot of money off of it, but if it's not helping clean

[5:36:48] up the air in our poor type communities or then that's what that's the problem that

[5:36:53] we are trying to solve. So I'm just going to put that out there. It's you all are a lot

[5:36:59] smarter than me of on this stuff. It's a lot of stuff. But that's what I'm interested in.

[5:37:05] That's the problem that I'm interested in solving is how do we meet those goals? And

[5:37:09] So if there's not some there there on that, or I feel comfortable,

[5:37:14] I'm not going to be skeptical.

[5:37:17] So that's really important.

[5:37:19] Seems like the time to make three way deals with tendencies like now, if it can be done.

[5:37:24] I don't know if it can be done.

[5:37:25] There's a lot of challenges.

[5:37:27] I agree with the phasing and the size considering so much that's in flux, what we don't

[5:37:36] want to do is give away land unnecessarily what I typically see as the real estate development

[5:37:44] attorneys you get to take down pieces if conditions are met where everybody's the projects

[5:37:51] working the way it's supposed to work and then okay you can have more. This seems like a type

[5:37:57] of project where it would be sort of well suited for that because of the type of infrastructure

[5:38:02] your building, it's not like you need it all at once to, I don't think, I mean, you're putting

[5:38:07] in charging infrastructure. It seems that that can be deployed in phases. That seems like

[5:38:12] the phase abilities is good. I don't know. I'm not the next part in this industry.

[5:38:19] But I think

[5:38:20] we're the landowner, the public, the people of California landowner, we manage it. But I also

[5:38:28] Don't feel great about a tenant leasing back to a maritime tenant like we're in the real estate business

[5:38:37] They shouldn't be trading on

[5:38:39] The public land and then the truck gain as a service. I agree that what are the details of that?

[5:38:47] My dad was a trucker. I remember when he bought his first truck. I was in the sixth grade

[5:38:52] There was a potato farm where I grew up in in the fall. They did the harvest and

[5:38:57] And my dad borrowed money from all the relatives to buy this dump truck in buy a potato bed and

[5:39:07] Did the potato run which was like six weeks or something and

[5:39:12] He made more money in six weeks and he made all year working for someone else, right?

[5:39:16] So I get it like this is a big deal these independent truckers, but what I think the concern is kind of

[5:39:24] Like are they gonna be indentured

[5:39:26] you know, yeah, with respect to the obligations, so it needs to be fair, right?

[5:39:34] We don't want to hear complaints that, hey, we got bamboozled and now we're like, can't get out of this deal,

[5:39:41] so I'll want to know that that's not going to happen, right?

[5:39:46] So those are just some three issues that I care about.

[5:39:52] I think that we need to get this right, and I think...

[5:40:00] Our stakeholders who know EHC, we're working in good faith to meet our MCAS goals. I think we've put

[5:40:06] our money where a mouth is that even if it takes a little more time to make sure that this project

[5:40:11] is right and helps us achieve those goals, then we should move cautiously and carefully because

[5:40:19] the climate movement depends on the success of this project, apparently. So anyway, so let's proceed

[5:40:27] with caution and a lot of due diligence.

[5:40:32] So those are my comments.

[5:40:36] Yes, sure.

[5:40:41] Thank you very much to the Board and this opportunity to all of you, Ega Hallberg,

[5:40:46] Vice President of Partnerships for Gage Zero.

[5:40:49] I just wanted to comment very quickly on two points that you had made.

[5:40:52] The challenge that you just expressed for ports and being able to work with their tenants,

[5:40:57] but also the trucking companies that provide services to those tenants is a challenge across the board.

[5:41:04] And what those, the ports and the tenants are struggling with is the scope three emissions, right?

[5:41:10] And that is the challenge across the board and it is the trucking community that we have to engage with.

[5:41:16] And that is my job. Every single day my job is to speak with the trucking providers, the trucking companies,

[5:41:21] whether those are the jack-oes that have 10 trucks or those are

[5:41:26] patients that have thousands of trucks on the roads and other big companies like

[5:41:30] that. We were provided by the poor with a list of the most, I would say, the

[5:41:38] tracking companies that frequent the poor, the most, and have started approaching each

[5:41:42] and every single one of those. Not every single one of them is going to need

[5:41:46] tracking as a service. Striking as service is an offer to help finance those

[5:41:50] trucks in a case is where these small companies can't take advantage of, for an example,

[5:41:55] some of these, you know, these trucks cost two to three times, sometimes more of a traditional

[5:42:00] diesel truck.

[5:42:02] So, it's a service offering to those that need it.

[5:42:04] Patients probably not going to need truckings of service.

[5:42:07] Night Swift is not going to need it, the Calisters isn't going to need it.

[5:42:11] But some of the other smaller providers are going to need it, and that's all we're trying

[5:42:15] to do, and those of us that are in this business is helping to provide services to get

[5:42:20] the smaller service providers that have five trucks,

[5:42:24] 10 trucks, 15 trucks, and ability to get into them

[5:42:27] with a monthly fee.

[5:42:29] And that's really all it is as a program, a service

[5:42:33] that we're offering, that we can start to transition

[5:42:36] that industry so they are successful.

[5:42:38] But each and every single one of us here are intentional

[5:42:41] to get as many diesel trucks off the road,

[5:42:44] and we're trying to provide the services

[5:42:45] in order to be able to do that.

[5:42:47] Thank you very much.

[5:42:47] Thank you.

[5:42:49] Thank you.

[5:42:52] I associate myself with all of the priorities that have been identified by the other commissioners.

[5:42:57] I do want to just take a second to just applaud the staff.

[5:43:01] Initially I was very much opposed to us putting something else in national city.

[5:43:07] I think the perception has been that it's been kind of a dumping ground.

[5:43:12] But I appreciate the openness and transparency of the process

[5:43:16] and the way that the community has been engaged to take part in it because I was very surprised when I talked and they were like, yeah, we're all on board.

[5:43:23] We're excited about it. You know, and so hearing the response from the community that they were receptive to this, you know, just just meant so much.

[5:43:31] And I think you guys have just executed a really just open process that has been so inclusive and incorporated a lot of different voices.

[5:43:38] I appreciate what the gentleman from Gage Zero said about the significance of this project.

[5:43:45] When I think about the, you know, port of San Diego, we are President setting for it.

[5:43:50] And the significance of this project is great.

[5:43:53] And the success, what we model for the rest of, you know, the state and the nation with this project is important.

[5:44:00] And so I think you did, you know, you didn't overstate the significance of it, and I appreciate

[5:44:06] the enthusiasm from both proposals, because I really believe that the passion and just

[5:44:12] the detail that you brought to your proposals indicates that we will be successful.

[5:44:17] Thank you, Commissioner Moore.

[5:44:21] I think you've got the direction that you need.

[5:44:23] Do you have any questions about anything from the commission?

[5:44:28] No?

[5:44:31] Are you with one of the proposals?

[5:44:34] Sure.

[5:44:36] Why not?

[5:44:38] It's just a wits, it's just a wits.

[5:45:02] The structure that is needed to charge the Tesla Sen. If they are indeed, the moment standard is, I believe, one, I don't want

[5:45:14] to have one, I'm not six, I don't want it, but it's quite a bit higher than any current project.

[5:45:22] I'm just wondering if we could call the volts of being built around that structure for the current charges.

[5:45:30] So I think we could put something in there.

[5:45:35] Thank you.

[5:45:36] I can answer that.

[5:45:38] Maggie Weber for the record.

[5:45:40] And I haven't discussed this with any of the proposals yet.

[5:45:44] But staff was thinking writing into the agreement that the best available charging technology.

[5:45:50] should be utilized for each phase.

[5:45:54] This was in part of my formal comments,

[5:45:57] but some of the sizes of the charging pedestals

[5:46:01] that were proposed were a bit smaller

[5:46:03] and not the best available technology.

[5:46:06] And we want the best available technology.

[5:46:08] So that'll be something that's negotiated.

[5:46:11] Thank you.

[5:46:13] Thank you. Thank you. Thank you for the questions, sir.

[5:46:16] Jason, perhaps I'll just add one more thing,

[5:46:18] So Jason Giffin, so thanks so much to the board for all of your collective feedback to staff

[5:46:23] and proposals.

[5:46:25] So it was acknowledged a little bit earlier that this has been an iterative process and we've

[5:46:29] got some good feedback both the proposals at feedback as well as us.

[5:46:32] We've had this slide up here for a long time, next steps that we anticipate.

[5:46:38] Based on today's meeting, the next steps, the proposal will take this information very

[5:46:42] likely go back, make some revisions.

[5:46:44] I would just at this point say we've had this place holder up there related to February.

[5:46:50] I would just kind of ask you to indulge and give this stuff some flexibility in terms of how we respond to that.

[5:46:57] Especially in light of some of the questions and comments we received based on interest in having some comparative information related to the proposals related to phasing.

[5:47:07] I don't think we're necessarily prepared today to say what that schedule would be, but just give us a little bit of flexibility on.

[5:47:14] What the next step is, after that December's submittal.

[5:47:20] That's good with me.

[5:47:22] Yeah.

[5:47:23] Okay.

[5:47:24] I will even say, you know, it's up to staff, but there's been a lot that's been brought out here today.

[5:47:30] And even if you need past the December deadline for these companies in order to get a quality submittal,

[5:47:37] You know, it's purely up to you, you know, the time you need, you know, I'm sure you're going to be talking to each

[5:47:43] Forposer and getting feedback from them. So, you know, I think our interest is we just want, you know, we want to see the best proposals come back, you know.

[5:47:54] Thank you.

[5:47:55] All right. Thank you.

[5:47:58] We'll move on to our last item, which is review and consideration of the draft proposed board agenda for the December 5th, 2023 meeting.

[5:48:06] do I have a motion and a second on those on that?

[5:48:15] Thank you please vote.

[5:48:20] Motion passed unanimously with commissioners who kept in her task and excused.

[5:48:36] Oh and the meeting is adjourned.

Board of Port Commissioners on 2023-11-14 1:00 PM

Agenda

Transcript