[0:00] Welcome, everyone, to the Board of Board Commissioners December meeting, and I want to thank you all for coming this afternoon. It's good to see you. Clerk, would you please call the roll. Thank you. Please respond when I call your name. Castellanos. Here. Malcolm. Here. Amor. Deymor. Oh, I'm sorry. Here. Deymor. Here. Naranjo. Here. Or Tassen. Here. Zuckett. Thank you. Thank you very much. I would like to ask our incoming chair.

[0:30] Chairman, next year, Rafael Castellanos to lead us in the pledge.

[0:38] I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

[0:55] Thank you very much.

[0:57] Mr. General Counsel, can we please have a closed session report out?

[1:01] Yes, thank you, Chairman Malcolm.

[1:02] During the closed session, the board considered that the items in the closed session agenda and took no reportable action.

[1:06] That concludes my report.

[1:08] Thank you very much.

[1:09] District Clerk, do we have any announcements?

[1:12] Yes, thank you.

[1:14] For anyone who's online and having difficulty

[1:17] providing public comment, please call our main phone line at 619-686-6200,

[1:24] and someone will be able to help you.

[1:26] As required by the Brown Act and directed by the Board of

[1:29] Port Commissioners, I am reporting that on today's agenda is an item

[1:33] I'm taking final action to amend the employment agreement for the President's CEO for the San Diego Unified Port District that will modify his salary.

[1:41] Additional information can be found in the staff report prepared for this item.

[1:46] Additional agenda-related materials were received by the board for the following items.

[1:50] 8, file 2020-0365 authorizing issuance of a non-appealable coastal development permit for coral tree replacement program at public parks.

[2:02] Number 19, redevelopment of East Harbor Island, number 20, file 2022-0408, Mitsubishi cement corporation, and file 2025, file 2020-0029 reviewing consideration of the proposed Board agenda for January 10th, 2023.

[2:21] Additionally, staff requests that the board consider the following item to be continued.

[2:28] Item 20 file 2022-0408 Mitsubishi cement corporation.

[2:34] That concludes my comments.

[2:38] Thank you very much.

[2:41] We're now on to public comments and I just want to mention you just heard our district clerk.

[2:46] We are going to be pulling from the agenda the Mitsubishi item.

[2:51] As such, we're not going to be taking public comment under that item, but recognizing that many of you here are here to talk about that.

[3:00] I want to give people that are present in opportunity to speak. So we're going to allow you to go right now under public comment and to make your comments.

[3:10] Also, we've received a number of voicemails for the Mitsubishi item that is going to be pulled.

[3:17] Those voicemails will be heard at a time we bring Mitsubishi back.

[3:21] However, we have some voicemails that are speaking to general public comment, and

[3:26] we will play, I believe it's actually one voicemail.

[3:29] So, but we don't want to silence you, we want to give you an opportunity.

[3:34] So, we're just changing the time at which it's going to happen in the meeting.

[3:38] because we will not have the item coming later and quite frankly, I just want to say right

[3:45] now a lot of the reason we're doing that is in response to what we've heard from the

[3:50] public, we do hear you, we want to give the parties time to further meet with the community

[4:00] to talk about it, to determine if it may go forward but I just want you all to know the

[4:06] The reason why the item is being pulled today is because we've heard you and the Port of San Diego we do believe in very robust public outreach and we do believe in listening to the community that's our history here at the port.

[4:20] And so I want you to know that you were heard and that's the response the item is not going to go today but you will still have an opportunity to speak with that I am going to open up the agenda for public comment and I would ask the district clerk.

[4:35] All the public speakers that we have, that we're going to speak on Mitsubishi, which is going to be pulled from the agenda, we want to give them the opportunity now.

[4:45] I'm going to be limiting, I know at the number of speakers, we're going to be limiting to two minutes per person.

[4:51] Thank you.

[4:52] Thank you, Chairman.

[4:54] First, we have Sharon Cloudward, followed by Austin Marshall.

[5:04] Good afternoon, Chair Malcolm, commissioners. My name is Sharon Cloud, and I'm president of the San Diego Working Waterfront. The tenants are aware of the project and support Mitsubishi's efforts and are eager to see the Port continue commitment to maritime. Let's not forget that during 2008, when we had the recession, as well as our recent pandemic, it was our maritime and ship repair businesses that kept us afloat, so we must not forget that in those days.

[5:34] jobs. We need to sure that we have contracted tenants versus spot cargo. We have more control

[5:41] of our destiny by having contracted tenants where you have a lease with them. So that's

[5:47] why we're encouraging you to move forward with the lease. The San Diego Working Waterfront

[5:51] understands the concerns of the community and supports Mitsubishi pursuing discussions

[5:57] with the community to ensure that we keep this project on the forward front. Thank you.

[6:05] Thank you.

[6:06] We have Austin Marshall followed by Raymond Lieber.

[6:15] Good afternoon, Chairman and Malcolm and commissioners.

[6:18] Thank you for the opportunity to speak to you today.

[6:20] My name is Austin Marshall.

[6:21] I'm the president and CEO of Mitsubishi Smith Corporation.

[6:25] Thank you for removing our item from today's agenda.

[6:28] After meeting with community members over the past several months, we wanted to take additional

[6:32] time to engage with the community more directly and in a more substantive way.

[6:37] And it's what I'm here today with my full team.

[6:40] We have technical, community, legal support point right back here that had been working

[6:47] with us for quite a while on this project.

[6:49] To express our intentions both to this board and to the community.

[6:53] Mitsubishi is a good company and we believe with the right amount of effort and determination,

[6:57] this project can be a win for the poor and a win for the community.

[7:02] We have a long track record of being a good neighbor and a long beach with a clean state

[7:06] the poor operation where we pride ourselves on innovation. And while we would have the same

[7:11] operation here, we understand that not everyone has had long enough to realize what we have done

[7:16] or what we could do in San Diego. Prior to our lease coming before this body for support,

[7:23] we admit to be she are committed to having a robust discussion with the community to establish

[7:28] understanding and commitments that we will be a good neighbor with a clean operation, not only with

[7:33] the port, Thailand's, but also to neighboring communities.

[7:37] Thank you again for allowing me this opportunity to speak to you.

[7:43] Thank you. Now we have Raymond Leba, followed by Meli Morales.

[7:56] Good afternoon, Chairman Malcolm, respected commissioners.

[8:01] I want to thank you for the opportunity that I can speak today in support of the MCC project.

[8:08] I represent approximately 700 long show workers.

[8:15] I am the president of the International Longshore Women and

[8:18] Warehouse Engineering and San Diego Local 29 with our offices in National City.

[8:25] We are pretty much stoked with the MCC's project.

[8:33] We respect them because they are not only concerned with the community and

[8:38] and the impact that the project will have on the community,

[8:41] but they're also concerned about the workers.

[8:43] I worked on the 10th Avenue Marine Terminal since June of 1965.

[8:49] I've seen many, many changes there,

[8:51] and I agree with Sharon Coward,

[8:52] we need to get least tenants to continue to develop.

[8:57] The only deep water port on the west coast,

[9:00] the Port of San Diego, to its full potential.

[9:03] We feel that the metropolitan cement endeavor

[9:06] Whatever it would be a good fit for the poor San Diego, not only for the 700 long show

[9:11] workers that represent, but as you all know there is a building shortage in the city

[9:17] of San Diego and the outlying communities.

[9:19] I think this is a footprint that's going to be established because along with cement will

[9:24] come lumber, gravel, sand, and building will boom again in San Diego.

[9:29] We have a serious housing shortage, it will bring good paying jobs not only to the long

[9:33] industry, but to the body of itself, several of our members resided in the body of.

[9:38] I think it's a good fit, they're concerned about, you know, short power, green, the environment,

[9:45] as are we, the residents living in the community, but we're on the terminals day in and day out,

[9:51] so we know exactly how they feel. We're excited about it, and when this project comes to the next

[9:57] agenda. I stand with my 700.

[10:00] Workers in support of it. Thank you.

[10:04] Thank you. I have Mellie Morales, followed by Maria Lopez.

[10:08] Chairman in the board, and Mellie Morales with the Environmental Health Coalition.

[10:13] EFC believes all people have the right to live in a clean and safe environment, regardless

[10:16] of their zip code, and that's not yet the reality for Barriologan and National City. Many have

[10:22] made great efforts to be here today to advocate for their right to life, and I ask them to stand

[10:26] up now to be acknowledged for the work they do on the front lines to secure health equity

[10:30] in our region. Thank you. We stand with those online as well 27 local regional and state organizations

[10:37] who signed on to our letter of opposition to MCC, 275 people who emailed you and 600 people

[10:43] who signed our 2020 position asking you to reject MCC. Heavy duty diesel emissions from

[10:48] port activities are a major reason why they are bearing a disproportionate pollution burden.

[10:53] MCC's project would exacerbate diesel death zones in Barriologian and National City with at least

[10:57] four thousand and up to ten thousand five hundred additional truck trips.

[11:00] We know California's existing environmental policies protect white non-Latine residents

[11:05] at the expense of BIPOC communities like ours, breathing a high concentration of air pollution

[11:09] with more associated adverse health effects.

[11:11] We need the port to go beyond what is required to do what is necessary.

[11:16] You play an outsized role in determining health outcomes for Barriologian, National City,

[11:21] and the region as a whole.

[11:22] MCC has not worked to disrupt the system of environmental racism.

[11:27] At no point in over five years of the port has had a conditional agreement with MCC has

[11:31] either entity worked with community stakeholders to address potential impacts.

[11:35] MCC's proposal was unacceptable to the community members and the port board in 2020 and it's

[11:39] unacceptable today.

[11:41] A approval of their project would violate the approved goals, objectives and intent of the

[11:44] maritime clean air strategy and community emissions reduction plan.

[11:49] environmental justice communities are doing the work. They deserve bodily autonomy and self-determination.

[11:54] MCC has had more than their fair share of your time in our community of rejects MCC.

[11:58] Don't let them come back.

[12:02] Thank you. Now we have Maria Lopez, followed by Brenda Minchacha.

[12:06] Minchacha.

[12:11] Gracias por su atención y su comprensión de estar aquí.

[12:14] Thank you very much, my name is María López and I'm going to talk about the issue that has not been

[12:22] given. I am a mother of three children, I have lived in the neighborhood for 30 years and I have

[12:30] seen how once again the city of San Diego has implemented projects and posts that

[12:36] put the health of us and residents in danger. I want to ask you the

[12:44] Puerto, porque siempre tienen que ser los otros aquí en el barro de Logan que escogen

[12:49] para poner sus empresas, porque somos nosotros quienes tenemos que lidiar con esas acciones

[12:58] cuantos de nuestros hijos tienen, tienen que correr el riesgo de desarrollar enfermedades

[13:04] respiratorias y no poder estar a gusto en nuestro hogar.

[13:08] los quiero decir a ustedes el puerto ya basta rechazando el proyecto de mis

[13:15] subichis y no vuelvan a contemplar no estamos hablando de una cuenta de

[13:23] unas cuantas personas esto afecta a todos mis vecinos a mí y a mis hijos por

[13:29] años no quiero regresar a decirles por favor rechazen a mis subichis otros proyectos

[13:37] similarities, que solo piensan en sus bolsillos y no en la gente, muchas gracias, que les

[13:43] me necesito.

[13:48] Hi, my name is María Rita Lopez, and I'm going to speak to you about a theme or about

[13:54] a subject on your agenda.

[13:56] I'm the mom of three children, and I've lived in Barrio Logan for 30 years.

[14:01] In those 30 years, I have seen how other parts of the city of San Diego have implemented

[14:09] and policies that put our health, the health of our residents in danger.

[14:15] I want to ask the port, why does it always have to be us?

[14:20] Why is it always us that have to deal with these actions?

[14:25] How many of our children are going to have to run the risk of getting sick with respiratory illnesses

[14:34] or not being able to live comfortably in our homes?

[14:37] I want to tell the port enough already, please reject the Mitsubishi project, and please

[14:46] don't consider it again.

[14:49] We're not talking about just a few or a handful of people.

[14:53] This is affecting all of my neighbors, it's affecting me, it's affecting my children, and

[14:58] and it's affected us for years.

[15:00] I don't want to have to say again or ask again, to please reject Mitsubishi and other similar projects that are only around profit about money about what you can put in your pockets and not our people. Thank you.

[15:18] Thank you. Now we have apologies.

[15:26] We have Brenda Mentaka, followed by Ashley Valentin. Hi, my name is Brenda Mentaka and I am a resident of

[15:35] about your login, I will be speaking on the item.

[15:38] I'm here today to ask the Port of San Diego

[15:41] to reject the Mitsubishi cement corporation

[15:43] and the negative effects it will bring to our community.

[15:47] To think that the port is even considering

[15:49] of sending as many as 10,500 heavy diesel polluting

[15:54] truck trips, a month into a neighborhood

[15:56] that already faces high rates of respiratory illnesses

[16:03] such as asthma in the entire county is unacceptable.

[16:07] The Port of San Diego must commit and honor the MCAS that it passed last year.

[16:14] It emphasizes to reduce and replace polluting drugs by 2030,

[16:20] which this proposal clearly does not meet its criteria.

[16:24] I ask once again to the Port of San Diego and everyone here to completely roll out the proposed

[16:30] Mitsubishi cement plant corporation and stand with the community that for

[16:34] generation has had has had to endure with environmental racism and its

[16:39] policies. Thank you. Thank you. Ashley Valentine, followed by Lindsay

[16:46] Wynn.

[16:50] Hello, my name is Ashley Valentin and I was born in race in Logan Heights.

[16:54] I will be speaking on a non-agenda item. For the longest time, I have normalized

[16:58] the physical emotional and mental effects of environmental racism on community members, loved ones,

[17:03] and myself. Many of the limited yet sacred green spaces in our community is not enough to protect

[17:08] us from the presence of the Interstate 5 Coronado Bridge and the distal trucks that come into the community.

[17:14] As a result, the effects of air pollution and how it is affecting youth and elders right now is

[17:19] visible in our everyday lives. My little sister and I find it very difficult to breathe or enjoy the two

[17:24] parts in our community due to the horrible air quality. We are struggling to survive

[17:29] and consume with the aftermath of having these developments in our home. Instead of protecting

[17:34] my neighborhood from the potential of more diesel trucks coming into our community,

[17:37] I should be at my dorm studying for my midterms this week. Our community did not ask for these

[17:42] developments in our home nor the health issues. Therefore, just as my elders and past community members

[17:47] have been urging to clean air in our community, I'm here to urge you to reject the MCC proposal

[17:53] and any similar proposals in the future.

[17:56] If we do not have the port or other allies

[17:58] investing cleaning the air in our community,

[18:00] just as our past and present generations

[18:02] who are struggling to breathe,

[18:04] our future generations will also be negatively impacted.

[18:07] Thank you.

[18:08] Thank you.

[18:09] We have Lindsay Wynn followed by Dr. Alberto Polito.

[18:19] Hi, my name's Lindsay Wynn and I'm a resident of Barrio Logan.

[18:22] I appreciate you taking the time today

[18:24] to listen to our pleas and hopefully officially

[18:26] put an end to the development of the MCC project.

[18:29] As somebody who works from home, not far from the proposed development of the plant,

[18:33] the current lack of air quality is already a constant issue.

[18:36] We all know that the statistics that Barrio-Loguerre residents are up to 95% more likely to develop

[18:40] cancer than the rest of the United States, and we are in the top 5% of the most polluted

[18:44] areas in California.

[18:46] As somebody with a genetic condition that exacerbates my respiratory health, a condition

[18:50] that claimed both my father and my brother, it's obviously in my invested interest and

[18:54] And that of our children elderly that this project is laid to rest.

[18:58] Beyond this project, I hope you take away with deep sincerity this community's commitment

[19:03] to people over profits and our prosperity over pollution.

[19:06] I also encourage you to be on the right side of history here and work with us,

[19:10] not against us, to find better and more sustainable solutions for the port.

[19:14] Thank you.

[19:16] Thank you, Dr. Alberto Polito, followed by Valerie James.

[19:21] Good afternoon, Port. My name is Alberto Pulido. I am professor in Chair of Ethnic Studies

[19:31] and Co-Chair of the Chicano Park Museum and Cultural Center in Logan Heights. One of

[19:37] my critical roles as an educator in Museum Vice Chair is to honor our history and our

[19:43] communities in Logan Heights and the borderlands. We know that Logan Heights was a thriving

[19:48] multi-athlete community in the 1950s. We know that Keltrans decided to run a

[19:53] freeway through our community along with a bridge that wiped out 75% of our

[19:59] community.

[20:00] We know that a drunk driver by the name of Richard Sipolio killed four of our friends and family. Seriously injured six and traumatized an entire community by flying off the Coronado Bay Bridge that emits countless emissions into our beloved Chicano Park with Cal Trans and the CHP failing to respond. We know that hundreds of semi-trucks enter our community daily spewing their daily diesel toxins. The most recent on August 9, 2019, even a trail of destruction.

[20:30] We know that in October of 2021, the Assault Ship Boham Richard burned for five days in our bay unabated as it spewed toxins in the air and impacting on our residents.

[20:45] And now in 2022, you want to allow a cement factory to continue in this pattern of destruction, ignoring the healthy safety and human dignity of our people.

[20:54] So, well, Port, I say Yavasta, stop the destruction and the bullying and keep the

[20:59] midsubilies out of our communities.

[21:01] Thank you.

[21:04] Thank you.

[21:05] We have Valerie James, followed by Julie Corales.

[21:13] Hello, everyone. My name is Valerie Hymes.

[21:15] I'm here with the Toronto Park Museum and Cultural Center.

[21:18] I'd like to echo my mentor, Prof. Bullido Sentiments and all of my friends who

[21:22] have and will continue to speak today.

[21:25] I'm here to urge you all to reject the Mitsubishi proposal that allows the

[21:29] corporation to reside in the community of Logan.

[21:32] If you claim that you have heard our concerns,

[21:34] I urge you to follow through with action

[21:36] in support of the people.

[21:38] You may see this community and think it's a perfect dumping

[21:41] ground to place your junkyards, cement companies, freeways,

[21:45] bridges, and more, but I see this community

[21:47] in icy beauty, resilience, and strength.

[21:51] I see this community in icy people and families that

[21:54] have persevered through your systems of oppression

[21:56] and environmental racism, despite the health disparities they experience that are ultimately

[22:01] an effect of those strategies of harm and displacement.

[22:05] And despite it all, the community is still here.

[22:09] I see people who have and will continue to live, breathe, and resist.

[22:14] So again, I urge the Port of San Diego to reject the Mitsubishi proposal and listen to the

[22:19] Kumunidad that is chanting outside as we speak, because we will continue to use our voice and

[22:25] power no matter what for generations to come. Lastly, I'd like to say Variosi Mitsubishi

[22:32] know. Thank you.

[22:36] Thank you, Julie Corales, followed by Margarita Moreno.

[22:45] Hello chair and

[22:47] commissioners. Thank you so much for having us here. We appreciate your time. My name is

[22:51] Julie Corales. I am a resident of Barrio Logan. I wear many hats in the community. I'm here

[22:55] today to speak to you as the chair of the Barrio Logan Community Planning Group.

[22:58] On November 16th of this year, Mitsubishi came and presented to our group.

[23:04] Many concerns were raised by our board members about the number of trucks and the increase

[23:09] of pollution to the community that is already heavily impacted.

[23:13] The community planning group collectively and individually have been working for years

[23:17] to improve the health disparities in our community.

[23:19] We've worked to create and enforce the truck route.

[23:22] We've spent many hours in countless meetings to update the community plan to once and for

[23:25] all separate industry from sensitive uses.

[23:27] We've advocated to influence the MCAS and the SERP, and this project as it is today

[23:33] is a slap in the face of all that work.

[23:35] Any increase to trucks throughout the community is detrimental, but considering up to 150 a

[23:41] day is unfathomable to us.

[23:44] Our board voted 11 to 2 to reject the MCC project, and I quote, to reject the MCC project and

[23:51] to urge the port to do so as well, because it does not include requirements for zero emission

[23:56] vehicle trucks. It does not comply with the MCAS and in the spirit of environmental justice

[24:02] for communities who have suffered tremendously from environmental racism." I think it's worth

[24:08] noting that the two nay votes were from two people that I admire and respect that who are not

[24:14] residents. They are in industry seats on the board. As a resident who lives on Beardsley,

[24:21] I continually see trucks drive off the freeway and head to the port. I've seen kids walking

[24:26] to Monarch and Perkins manoeuvre around them on their way to school. I've seen my sons

[24:30] asthma flare up on high traffic days. I've had trucks rumble by my house at 4am and

[24:37] wake my entire family, you know, rouse an infant awake. So this is highly impactful to us.

[24:43] So as chair of the planning group, as an activist, as an activist, as a mother, I ask you

[24:48] to please reject this project and do not bring it back. Thank you.

[24:50] Thank you, we have Margarita Moreno, followed by Alicia Sanchez, Buenas tardes y nombres margarita

[24:59] Moreno.

[25:04] El día de hoy, a nombre de mi comunidad, pido a los comisionados del puerto, que ya no considere

[25:13] para ningún negocio que contamine, porque no se están dañando a la comunidad cercana

[25:18] saque al puerto, que somos nacional siri, siri, perdón y barriologan. Tengo entendido

[25:25] que Mitsubishi quiere poner un negocio de cemento y ni siquiera tienen un plan a largo

[25:30] corto plazo que no contaminen y dicen que van a poner camiones que sean eléctricos.

[25:37] No queremos más negocios que contaminen, así que les pedimos que no aprueben este tipo

[25:41] de negocio. Piense más en la salud de los que estamos expuestos a la contaminación y no

[25:48] en las ganancias.

[25:50] anteriormente ya habíamos dicho que no queríamos este negocio nacional

[25:54] siri y por eso ahora parece la solicitud para el permiso aquí en

[25:58] barrio logán pero no nos vamos a cansar de pelear por nuestros derechos y

[26:04] tener un aire limpio y salud para nuestras familias. Gracias.

[26:24] hoy en el nombre de mi comunidad,

[26:26] las comisiones de la puerta, no considera nada más,

[26:31] que contaminan las comisiones que vivan hacia la puerta,

[26:35] como la ciudad de la Nación y la Lógana.

[26:38] Yo entiendo en que Mitsubishi quiere poner un diseño de disminución,

[26:43] y no tienen una plana de reducción,

[26:46] sino que, a lo largo o a lo largo,

[26:48] estas comisiones o para poner en electricidad o cruzos.

[26:53] We don't want any more businesses that contaminate and that's why we ask that you not approve these types of businesses.

[27:01] Please think more about the health of those who are exposed to contamination than about profits.

[27:09] Before we had said that we no longer want this business in national city.

[27:14] y es que continuamos a ver este solicitación o este request para este tipo de

[27:22] business en Batiologan, pero no vamos a ir a la pieza y no vamos a ir a la pieza

[27:27] para nuestros derechos a tener cleaned air y la salud.

[27:31] Gracias.

[27:34] Gracias a todos, por la información.

[27:35] Tenemos 18 más speakerslips y una más live online.

[27:40] Cómo te quiero dar una idea de dónde estamos.

[27:42] El siguiente speaker es Alicia Sanchez,

[27:45] volvido por Silvia Katzada.

[27:49] Hola, polinesios.

[27:55] Buenas tardes.

[27:57] Mi nombre es Alicia Sanchez,

[27:58] soy residente de Nación Alcili

[28:00] y promotora de EHC.

[28:02] También estoy en el Comité a veces 17.

[28:05] Yo estoy aquí para pedirles a ustedes

[28:07] comisionales del puerto,

[28:09] que no otorren un permiso para operar a mi ceviche.

[28:13] Porque de ese, así lo único que ocasionaría

[28:16] es más contaminación. Ya con la que tenemos es más que suficiente, el mi comunidad pasan

[28:23] diariamente camiones a bases de diesel y esto es un problema para nuestra salud, pues

[28:29] sabemos que el diesel es un tóxico que respiramos día a día y ocasiona enfermedades respiratorias

[28:36] y asma. En un alto porcentaje tanto en barrio logán combinación al cine. Así que les solicita

[28:46] esperamos que no le den permiso a mi

[28:49] ceviche para operar en barrio

[28:51] logan.

[28:52] Esperamos contar con su apoyo para que

[28:54] no se sale en nuestra comunidad más

[28:57] empresas contaminantes.

[28:59] Gracias.

[29:04] Good evening.

[29:05] My name is Alicia Sanchez, resident of

[29:07] National City, an EHC promoter and

[29:10] also a member of the AB617 committee.

[29:13] I'm here to tell you commissioners of

[29:16] the port that please do not grant

[29:18] permitido por Mitsubishi para operar.

[29:22] Porque el único que hace es más contaminación.

[29:27] Y ya tenemos más de suficienta de contaminación.

[29:33] En mi comunidad, Dalí, Diesel Trucks pasará.

[29:38] Y es ya un gran problema de la presidencia.

[29:41] Porque sabemos que Diesel es una de las grandes toxas

[29:45] que nos quedamos en cada día y que nos causa respetorio de illnesses como asma

[29:52] para un muy grande percentage de la residencia de Batilogan,

[29:56] y de la ciudad nacional.

[29:58] Y eso es por eso que nos vamos a preguntar.

[30:00] To please not give permission to Mitsubishi to operate in Vatio Logan. We really count on your support, so that no more of these types of businesses will be installed. None of these polluting businesses will be installed in our neighborhoods. Thank you. Thank you, we have Sylvia Katzada, followed by Zach Gomez.

[30:25] Good afternoon board our commissioners. First of all, I'd like to thank each one of you for respecting the time and the voice

[30:34] that we have as a community, and happy holidays.

[30:37] We forget about that sometimes.

[30:39] My name is Sylvia Calzada, a long time resident

[30:43] of the City of National City,

[30:45] and a member of the AB617 Portside Community Steering Community.

[30:50] As a strong advocate in healing and protecting

[30:54] the health and wellness of our Portside Environmental Justice

[30:58] communities, I urge you to not approve the request

[31:02] for business operations to Miss Fishy cement court, also known as MCC.

[31:09] The climate action plan was adopted with a strong purpose to decrease greenhouse gas

[31:15] emissions 40% by 2030 and 80% by 2050.

[31:23] Miss Fishy heavy-duty vehicles would not only bring more pollution and traffic congestion

[31:28] to our neighborhoods but it will delay achieving state G.S.G. reduction targets. Also, there's a lack of

[31:37] willingness to collaborate and transcend in the best interest of our communities who have been

[31:44] affected for decades by pollution. It will not improve public health, it will not protect the

[31:51] environment, and it will not help San Diego residents be healthy, safe, and thriving.

[31:59] As a patient with asthma, I urge you to deny permission to operate for Mississippi

[32:04] system and court.

[32:06] Thank you for your time.

[32:09] Thank you.

[32:09] I have Zach Gomez, followed by Father Brad Mills.

[32:13] Good afternoon, poor commissioners.

[32:15] Chair, pollution is racial violence and environmental racism, whether you believe it or

[32:23] We are here on native Kumi Island to tell you, poor commissioners, to reject MCC, which is the Mitsubishi cement corporation and not allow toxic concrete chemicals and fumes from thousands and thousands of heavy diesel trucks that also ruin the physical infrastructure of the streets and that you, you don't put our families health, the three schools, two parks at risk and the west side of national cities.

[32:53] where four generations of my family reside.

[32:57] Race, income, zip code, these determine if you have access to clean air and water,

[33:02] and a healthy environment, as well as who suffers most from climate crisis.

[33:07] People of color and low income communities throughout the United States are more likely to live near polluters

[33:14] and are also more often impacted.

[33:16] Our communities already breathe more diesel, polluted air than 90% of the state.

[33:21] This puts us at greater risk for chronic headaches, asthma, and other respiratory illnesses in cancer.

[33:29] And to remind you all part of your leadership oath, as a valued and integral member of your team,

[33:36] you will make decisions based on our values and will resist making decisions based strictly on your own comfort and security.

[33:45] You will put the needs of others, others first and use your authority

[33:50] to serve those in your care.

[33:53] You will continue to grow your self-awareness

[33:55] and abilities as leaders.

[33:58] I'm very sure you, Mr. Chair,

[34:00] will not allow this project in affluent Coronado, would you?

[34:04] You don't have to sell out of Brown communities,

[34:06] reject MCC once and for all,

[34:08] because pollution is racial violence

[34:10] and environmental racism.

[34:12] Thank you.

[34:14] Thank you, I have Father Brad Mills,

[34:16] followed by Father Scott Santa Rosa.

[34:18] Good

[34:25] afternoon, Chairman Malcolm and the rest of the commissioners.

[34:29] Thank you for the opportunity to speak today.

[34:32] So I'm a social pastor of our Lady of Guadalupe Parish in Barrio Logan.

[34:36] And every weekend, thousands of folks come to our parish for Sunday Mass.

[34:43] And as we presented this issue, as we made the community where we gathered 630 letters

[34:51] from first years who have expressed concern about this proposal and how it would affect the community.

[34:59] How would it affect the community?

[35:00] We had the health of the community. And yesterday happened to be a very important day for our community. It was the feast of our Lady of Guadalupe, the biggest celebration of the year at our parish. And I made all the celebration and prayer and community building a large group of people came over here and had a prayer vigil last night, in which various people expressed their concerns.

[35:27] express the desire to be to be listened to and as a Catholic priest I also stand

[35:34] with my community who I walk with and their desire to be listened to to have

[35:40] all their concerns listen to particularly in this matter which will affect the

[35:44] health of so many so thank you for your time. Thank you and we have Father Scott

[35:52] That's Santa Rosa, followed by council member Jack Schew.

[36:03] Good afternoon, my name is Father Scott Santa Rosa,

[36:06] and I am the pastor of our Lady Bellalupe Parish in Logan Heights,

[36:10] where I work with my brother Priest Brad.

[36:12] I speak on behalf of my parishioners who live in Barrio Logan,

[36:16] and on behalf of myself and the entire 15 to 1800 people

[36:21] who come every weekend and pray at our church

[36:24] and who call Logan Heights and Barrio Logan their spiritual home.

[36:29] I thank you for this opportunity to speak, and I think those of you with whom I had correspondence earlier this week.

[36:38] We love our city. We do want business here. We are not against Mitsubishi Perse,

[36:46] we are against contaminated air. As I say, in my opinion, peace and yesterday's union tribune,

[36:53] what Mitsubishi is proposing feels like once again progress will come at the cost of the good people of Barrio Logan and Logan Heights.

[37:04] I applaud the maritime clean air strategy which you recently passed providing goals for 2030.

[37:12] I ask the Board of Port Commissioners you to hear our voices to require companies like Mitsubishi who want to do business in our neighborhood and in our port.

[37:23] to not only hear our voices, but to ensure that their practices will not further damage our air.

[37:30] Which, as we know, is among the most polluted in the state.

[37:37] We will do our part, we are doing our part, we are lifting our voices.

[37:42] We ask you to do your part to make sure our voices are heard and heated

[37:48] So that we can feel positive about any future businesses coming to our neighborhood and to our port something we do not yet feel with the MCC proposal.

[38:00] Thank you for your time.

[38:02] Thank you.

[38:03] I have council member Jack Schew followed by Dean Mike Tamayo.

[38:12] My apologies.

[38:13] Good afternoon.

[38:14] My name is Jack Schew.

[38:16] I'm a council member in the city of La Mesa.

[38:19] First, Mr. Chairman, Malcolm, thank you for accommodating all the members of the public here and being flexible.

[38:25] It's great to have that flexibility in these governing bodies.

[38:30] Well, I was lucky.

[38:31] I know your commissioner, Norano, and she was able to arrange a tour for me with your vice president or strategy and policy job.

[38:42] And I got to ride in one of your patrol boats through the bay, through the harbor, and I got to see all kinds of great stuff.

[38:52] I heard the progress that this commission is making towards things like electric tug boats, electric cranes, moving ahead to reduce not only greenhouse gas emissions, but cleaning the air within our bay.

[39:08] So, you know, I follow this stuff. I'm on the air pollution control district. I'm on

[39:12] Sandex, so I'm following what each governing body is doing. And I'm pretty impressed by

[39:18] this commission. You guys are moving ahead. You're making progress. I wish sometimes other

[39:23] bodies would do similar kind of progress. Like moving ahead with a goal of having all electric

[39:30] trucks or non-cluding trucks going to the port. Not 50 years from now, not 25 years from now,

[39:39] but 5 or maybe by 2030. That's to go you guys have said, and that's great. All I can say though

[39:48] is moving ahead with something like the MCC would reverse all that. 150 diesel trucks going in and out

[39:58] to win the work.

[40:00] That's already suffering from air pollution. We're virtual work. So that's not progress. Progress is not measured in that way. That's going backwards. Thank you so much. Thank you.

[40:30] We're urging the Board of Port Commissioners to end generations of environmental racism

[40:35] by rejecting MCC's proposal.

[40:39] Diesel emissions are responsible for 84% of the cancer risk associated with air pollution

[40:46] in Barrio Logan and National City. According to the EPA, residents in these neighborhoods have a

[40:52] higher risk of developing cancer from air pollution than 93% of the entire nation.

[41:00] Children in Barrelogan and National City experience double the ER visits

[41:07] then for asthma than the county average.

[41:10] I could sit here and give you a laundry list of facts,

[41:14] which you already know the facts, the evidence is clear.

[41:19] I'm here to plea for and give a voice to the children,

[41:23] elders, mothers, and fathers who can't be here today

[41:27] because they're making ends meet or because they're too sick to attend.

[41:32] Unlike many of us here today, they don't have the opportunity to exercise their right

[41:37] to oppose this proposal and stand for the right to clean air, to health, and to equity.

[41:44] These may not be your own children, grandchildren, mothers, or fathers.

[41:50] But what if they were?

[41:52] What would you do?

[41:53] You get to sleep at night knowing that the decision you make forward will affect the future of these lives, so please do the right thing.

[42:04] Thank you, Annika Perez, followed by B. Mitt Miller.

[42:09] Mitt Miller, my apology.

[42:16] Hello everyone and board members. I just want to thank you for giving me the chance to speak up here.

[42:22] I am Monica Perez and I am a PhD student at SDSU and I am here to talk against the Mitsubishi proposal.

[42:31] I am originally from Orange County and LA County and what is happening here is so similar to what is happening in LA as well in the port of Long Beach.

[42:39] And I just wanted to point out that there's more than just environmental racism.

[42:43] It's a continuation process and proposals of having this.

[42:47] But how much do you value the life of people in Barrelogan and National City?

[42:52] Mothers, fathers, children, et cetera, that are being affected by air pollution.

[42:58] There is this false narrative that it would provide jobs across the region, which is a

[43:02] way to shield the truth.

[43:03] And the truth is that we are done with big corporations coming back after black, brown, lower income

[43:10] and indigenous communities.

[43:12] And I just want to end with that.

[43:13] I hope you can all realize that this is all about corporate greed.

[43:17] And that you are sacrificing human health who are affecting everyone across in this community.

[43:22] And so I want to say, please consider with ethical rights of what you're trying to decide for this community.

[43:29] And so thank you.

[43:31] Thank you.

[43:32] We have the new middle miller followed by Franco Garcia.

[43:44] Good afternoon chair and commissioners.

[43:46] My name is V. Miller Miller and I'm a volunteer member of San Diego 350.

[43:51] I'm speaking today to oppose the Mitsubishi cement corporations project for the port of San Diego.

[43:57] In 2020, the board unanimously voted to reject their proposal and gave port staff a strong and clear directive to develop clear and measurable ZEV truck requirements.

[44:08] Based on presentations, MCC and the port, they have not made these changes.

[44:14] The current proposal does not comply with the Ports Maritime Clean Air Strategy.

[44:20] The approved purpose of the MCAS is health equity, approval of the MCAS project, I mean

[44:28] the MCC, excuse me, perpetuates health inequality and environmental racism, invalidating the

[44:37] purpose and community efforts behind the MCAS.

[44:40] The health hazards that already exist in the port are well established.

[44:47] The surrounding communities already have the highest level of dangerous air pollution

[44:51] in the state.

[44:52] To allow this project to move forward is reckless, irresponsible and shows intentional

[45:00] Disregard for the safety of the surrounding communities. I was happy to hear that this item was pulled. Please take the time needed to make sure that all future projects protect the surrounding communities. Thank you for your time.

[45:17] Thank you, we have Franco Garcia followed by Lisa Felix.

[45:25] Good afternoon, board commissioners, chair.

[45:28] My name is Jose Franco Garcia.

[45:30] I'm the policy director with Environmental Health Coalition.

[45:33] I just wanted to say thanks to everybody who came out here today

[45:36] and is supporting us standing up for communities.

[45:39] I know the issue was pulled off of the agenda, but we hope that

[45:43] if it were to come back, we would be back here again,

[45:45] but we hope we really don't have to deal with this again.

[45:48] because many of us were here on Zoom in 2020 when we told Mitsubishi to come back with when the

[45:55] port did that and stood up for communities and said, you know, come back with a plan that

[45:59] has zero emissions that reduces the impact that it would have on the community. And we're getting

[46:04] clear signs that they're not interested in being a good neighbor by coming back with a plan that

[46:08] really doesn't do these things. That doesn't stand out for the commute, doesn't go to zero emission

[46:12] vehicles does not have any consideration for our children and families and has not communicated

[46:19] with the community about what would be a good plan that they could do so we hear right now that

[46:23] they're you know saying they could possibly have a plan they could do something to do that they've

[46:27] had that opportunity and it hasn't come up so that we need to reject that now straight out and get

[46:32] that out of the way uh we you know we're here with residents from body of Logan from national city

[46:37] with people from the faith community out there earlier we had people from education and from different

[46:42] and entities throughout the region

[46:44] because we're all here united.

[46:46] As you heard, there was over 600 letters

[46:48] collected in the faith-based community

[46:50] with our Lady Guadalupe.

[46:52] I know that commissioners received

[46:53] over almost 300 letters from community members

[46:56] and back in 2020 over 500 people united to defeat this

[47:00] because we like the direction that the port is going

[47:03] in many ways.

[47:03] Last year when we were united on MCAS,

[47:06] that's the direction we need to go

[47:07] and that's the future that we see

[47:09] for the community members that live

[47:10] and breathe this air every day.

[47:12] That's what we need to see and work together that way.

[47:15] And this proposal, what's coming forward,

[47:16] the type of neighbor that Mitsubishi is,

[47:18] does not move us that way.

[47:19] It moves us backwards, so we need to reject it now,

[47:22] and we appreciate that.

[47:22] Thank you.

[47:24] Thank you, have ladies, Chef Felix,

[47:26] followed by Philip Petrie.

[47:30] Hi, my name is Lysha Felix.

[47:31] I'm a fourth year at UCSD,

[47:34] and I am a pre-medicine advocacy intern

[47:36] for San Diego pediatricians for clean air.

[47:38] Barrio Logan is home to many with the majority being Hispanics and whites followed by Black

[47:44] and African Americans.

[47:46] In the medical field, there's known that Hispanics are twice as likely to visit the emergency

[47:50] department for health complications related to asthma.

[47:55] Additionally, Hispanic children are 40% more likely to have detrimental effects related to

[48:00] asthma that can be lethal.

[48:03] With a cement warehouse, there could be an increase of 4,000 to 10,500 more diesel polluting

[48:09] truck trips a month polluting the air in California and putting us at risk, especially those

[48:15] who live near ports, warehouses, and busy roads. Researchers have found greater risk of cancer

[48:21] development for African Americans from hazard air pollutants, including those that the Mitsubishi

[48:27] plan would provide.

[48:29] Heavy duty trucks are the largest source of smog forming, pollution in California,

[48:33] and emit nearly 40% of the state's diesel set.

[48:39] We don't want this Mitsubishi project to become part of our community.

[48:42] Thank you.

[48:43] Thank you, Philip Petrie, followed by the Kwanisha parks.

[48:54] Yes, good afternoon, and I want to thank the port commissioners for the opportunity to speak for

[49:00] all of us to testify.

[49:03] My name is Phil Petri, I'm the coordinator of the Interfaith Coalition for Earth Justice,

[49:08] and I'm here to make two points about the Mitsubishi plant.

[49:12] I live in normal heights, and the Demille's Italian restaurant there on Adams is being knocked

[49:19] down, or the plant is probably to knock it down and put up a high rise building.

[49:24] And that's getting signs up all over people's yards, especially in the wealthier part

[49:30] of normal heights north of Adams.

[49:33] So I would like to propose maybe that you move the cement plant to that demilies site and

[49:39] see what happens.

[49:41] The unfortunate truth is, of course, that all neighborhoods are not treated equally, and

[49:47] that is just fundamentally wrong.

[49:50] My second point is that as a person of faith, and I believe that all persons of faith must be concerned with oppression.

[50:00] All types of oppression, political oppression, but also environmental oppression. When pollution

[50:09] is already high in a neighborhood like Barrio Logan and National City, and then a proposition

[50:17] is put forward that will increase that pollution. That is a form of oppression, and it is quite

[50:24] frankly wrong. So I urge you to oppose this Mitsubishi cement plant. Thank

[50:31] you. Thank you. We have Dekuisha Dekuisha Parks followed by Rachel Lopez.

[50:44] My name is Dekuisha Parks and I want to thank you for your time. I

[50:49] represent the Instagram page Environmental Justice period now and rather than

[50:54] working on my finals and application for graduate school I'm here supporting

[50:58] Viral Logan.

[51:01] Did you know that the Environmental Justice for All Act, which is currently in Congress

[51:05] and amended recently, under that, what Mississippi she's doing is illegal.

[51:11] You cannot continue to perpetuate racist federal practices for your own financial gain.

[51:19] That makes you guilty of environmental racism, and there will be accountability.

[51:23] I stand here a transfer student at SDSU in veteran from Oklahoma trying to do my part to raise awareness for infractions of the environmental justice for all acts.

[51:34] Enough is enough.

[51:36] This methodology of growth does not invest in burial Logan. It does not invest in the 2030 plan for the future and it does not invest in global climate.

[51:45] In the global climate crisis, we are all connected to.

[51:49] Everyone is entitled to clean air, water, and an overall environment.

[51:54] Thank you.

[51:55] Thank you.

[51:56] We have six more in-person speakers and one online to let you all know where we are.

[52:02] We have Rachel Lopez, followed by Nguyen, by Tui Nguyen.

[52:10] Hi, good afternoon.

[52:12] My name is Rachel Lopez, and I'm here to oppose the proposal for a cement mega warehouse

[52:19] by a Mitsubishi cement corporation in Barrio Logan.

[52:22] I am currently a resident of North Park

[52:25] but I actually grew up in San Antonio, Texas

[52:27] and I've been proud to call San Diego my home

[52:30] the past four years but I have to be honest and say

[52:33] I was really saddened and angry to learn about

[52:36] the long and lengthy history of environmental racism

[52:39] in San Diego specifically in Barrio Logan

[52:43] and National City.

[52:45] I'm a resident of North Park right now

[52:47] and I'm also the Director of Science at San Diego Coast Keeper, who is an organization

[52:53] that protects our local waters and waterways, and we also sign on to a letter of opposition

[53:00] for this proposal. I also sit on the Environmental Action Committee at the Port of San Diego,

[53:05] so I am deeply aware of the great projects that are possible with the port, but I was extremely

[53:11] disappointed to hear about this proposal and that it was possibly being considered.

[53:16] The zip code 92113, as we have heard, has such high rates of asthma hospitalizations.

[53:25] And it's truly troubling.

[53:27] And I would just like to ask everyone here in this room, would you be okay with this

[53:33] project in your neighborhood?

[53:35] Because this is something that really only happens in brown and black neighborhoods.

[53:39] This is something that would never happen in a predominantly white neighborhood.

[53:43] Would you be okay with your child breathing in the same air that would bring that we'd be brought about by this

[53:48] Mitsubishi projects. I don't think so.

[53:53] So

[53:54] We all have the human rights to a clean environment and clean air. Please do not continue this proposal

[53:59] Listen to the community and stop environmental violence and racism. Thank you. Thank you. We have by Tui Nguyen followed by Rita Clement

[54:10] Hello, my name is V. Nguyen. I'm actually the chair of the American Academy of Pediatrics

[54:13] California Expert Committee on Environmental Health, so I'm very lucky to have that role

[54:17] and also part of San Diego Peterson Clean Air. And so, I'm a frontline pediatrician as

[54:23] well, I practice in the South Bay. Actually, a group in Chulivism, Benita, so go barons,

[54:27] was very lucky, went to Boston, trained in the Harvard system, Harvard Medical School,

[54:31] Mass General, and convinced a, I married a green guy from Jersey and convinced him to come

[54:35] back to San Diego to raise our kids.

[54:36] So we've been back about 15 years.

[54:38] And so I don't think I need to tell Native San Agans,

[54:40] we're a pretty special place San Diego.

[54:44] My family's super conservative, super liberal,

[54:46] we have both ends of the spectrum,

[54:48] and but we're a community.

[54:49] And so the way I practice medicine,

[54:51] as I always think to myself, what would I do with my kid?

[54:53] And it always sets me right.

[54:55] And so I'm a frontline pediatrician,

[54:57] I'm actually working asthma quality metrics for over a decade.

[55:00] I have to call the high risk of mathematics. I have to make sure they're on the controllers. I still have to work urgent care, even though at my age I'm like middle career. So at night when the kids are really sick and they're coming for the asthma attacks, I'm the one that stabilizes them. And I'm so back pretty well and keep them alive until transport comes. And so it's really simple. This plant is going to make my job harder. It's going to make my patients more sick. And so in the end of the day, just the way I take care of my kids, the kids of Barrio Logan and National City, because I take a lot of care of kids in National City, it's going to make my job harder.

[55:29] And so I'll tell you what I've done.

[55:32] I've talked this up in the regional asthma meeting

[55:36] amongst 170 pediatricians and asthmaologists in Southern California.

[55:40] And everyone's really confused, like why would this even happen?

[55:43] I spoke at a San Diego Regional asthma meeting,

[55:45] same thing, and other 50 doctors,

[55:47] and everyone's like, why is this happening?

[55:50] And I actually got invited back to Harvard.

[55:52] I got to speak, which is really cool.

[55:53] They actually asked me to return.

[55:55] I said, I'm good.

[55:55] I'm going to stay in San Diego.

[55:56] and they're like, why is this happening?

[55:59] So I think in terms of medical community,

[56:01] pediatricians, allergists, we're all kind of confused

[56:03] why this is good for anyone.

[56:04] And so I'll keep on showing up

[56:05] because guess what, pediatricians

[56:06] we're not just little adult internist,

[56:09] we're pretty persistent and I'll keep on coming.

[56:11] Thank you.

[56:12] Thank you, have Rita Clement followed by David Lawlam?

[56:24] Good afternoon, poor commissioners.

[56:26] My name is Rita Clement.

[56:28] I'm a volunteer with San Diego 350.

[56:31] a climate change organization fighting for clean air.

[56:36] I reside in Chula Vista.

[56:39] The Port Commissioners approved the Maritime Clean Air Strategy

[56:44] to strengthen health inequality plans

[56:47] and to attempt to end environmental racism.

[56:52] Based on the information provided by Port Stat

[56:55] and the Mitsubishi cement corporation

[56:59] in multiple meetings and presentations.

[57:02] The proposal does not meet any zero emission vehicle truck

[57:07] requirements to meet the maritime clean air strategy goal to transition

[57:15] to 100% ZEV by 2030 nor the interim goal of 40% ZEV by June 30th, 2026.

[57:27] In fact, the representative from Mitsubishi stated that Mitsubishi's cement corporation has no control over their customers who happen to be the diesel trucks.

[57:41] We ask that Mitsubishi-Sumag Corporation use their influence to incentivize the development

[57:50] and manufacture of electric trucks to meet the requirements of the maritime clean air

[57:57] strategy.

[57:58] Barrio Logan Children, if twice the number of emergency room visits due to asthma, this

[58:06] is a well-known fact.

[58:08] We are asking all court commissioners to reject this Mitsubishi cement corporation proposal.

[58:17] Thank you, we have David Lalum, followed by Rosalia Sandival.

[58:26] Hello, thank you for your time.

[58:30] My name is David Lalum.

[58:31] I'm a retired environmental science professor at San Diego State for 11 years and I am speaking

[58:39] being largely in opposition to this proposal.

[58:44] I don't know how to follow the previous amazing speakers and the wonderful things that they've

[58:49] already said, except to just add a couple of short things.

[58:54] First of all, after the previous proposal and after the fact that cement production is 8%

[59:03] of global greenhouse gases, I feel like Austin Marshall, MCC, need to

[59:08] We've really worked to gain our trust before anyone would consider such a proposal in this neighborhood, this highly impacted neighborhood.

[59:20] We don't need one more PM-10 or PM-2.5 particle in the air of Barrio-Logan.

[59:28] You commissioners need to make a commitment that you're going to reduce that.

[59:32] And if you can come honestly with Austin, Marshall, and MCC and say, look guys, we have a proposal we're going to put in this facility and it's going to reduce the emissions that I believe you would have this community support.

[59:50] If you can't do that, then you should follow your own maritime strategy, not issue an exception and say no to this proposal.

[59:58] I really think it's that...

[1:00:00] I encourage you to think outside the box. You could switch to biodiesel or dimethyl ether and greatly reduce emissions and then do something else to maybe make up the difference and make a credible case that hey, we are actually reducing the emissions and having MCC. But you're going to have to find a new way of working with the community to make that happen. Otherwise, no go. Yabasta, thank you.

[1:00:27] Thank you, we have Rosalia Sandival followed by our last in-person speaker, Emmett Farrell.

[1:00:42] Hello, good afternoon, everybody.

[1:00:45] My name is Rosalia Sandival, and I am a catechist at our Lady of Waterloo Bay Church.

[1:00:50] I am also an educator at Hoover High School, which is located in City Heights.

[1:00:56] I want to thank you for giving me the privilege to speak here today.

[1:00:59] As a person of Catholic faith, this issue is important to me because I value the sanctity

[1:01:05] of life.

[1:01:06] I also believe that it is our responsibility and our duty to care for and to protect

[1:01:12] our planet, our common home.

[1:01:15] Although I'm not a resident of Logan Heights or Barrio Logan, I do visit the area often.

[1:01:22] My family lives there.

[1:01:23] I go to church at Elidia Wata-Lupé, and as I already mentioned, I'm also a catechist there.

[1:01:28] It is critical and imperative that as a community, as brothers and sisters, we help each other out when we see that something is happening in our community that could affect our quality of life.

[1:01:42] When I became a member of an organization called a faith that does justice, I was introduced to two words I had never seen together.

[1:01:50] Environmental racism.

[1:01:52] What is this? What is environmental racism?

[1:01:54] environmental racism is when policies and activities of governments, corporations, educational

[1:01:59] institutions, and other powerful entities that either intentionally or unintentionally

[1:02:05] result in people of color and or low income, people being exposed to greater environmental

[1:02:13] hazards.

[1:02:18] In case you didn't already know, Barrio Logan is a community that is affected by a high

[1:02:27] by pollution.

[1:02:29] If Mitsubishi goes through with their plans to build,

[1:02:32] diesel truck traffic will increase by 50%.

[1:02:37] Given the facts, we would like to invite and ask Mitsubishi

[1:02:42] and the Board of Commissioners to come together and create

[1:02:44] dialogue with us so we can address these areas

[1:02:46] of concern and ultimately give us a voice.

[1:02:48] After all, this is our community.

[1:02:54] I was born and raised.

[1:02:56] I'm going to get a wrap up, please.

[1:02:58] I'm sorry, I was born and raised with a belief that we should be silent and today I just wanted to

[1:03:04] Send my voice say and just invite everybody to speak up. I'm also a big believer that we can all get what we want

[1:03:09] I believe that the union can the union workers can get more work

[1:03:13] I believe that Mitsubishi can be here if they work with us and work towards having a cleaner more safe environment for our neighborhoods

[1:03:19] I believe our communities will get clean air and I also believe that the commission will work with us so that we can create this change that we want

[1:03:26] Thank you so much.

[1:03:28] Thank you.

[1:03:29] We have Emmett Barrow, followed by our online speaker, David Flores.

[1:03:36] Good afternoon.

[1:03:38] Commissioner Malcolm and Chair Malcolm in the commission.

[1:03:41] Thank you for the opportunity to speak.

[1:03:43] I hope you continue to speak with us.

[1:03:46] Members of the community as we're doing here today to be at the table.

[1:03:50] I stand as a Catholic priest.

[1:03:51] A member of the Catholic diocese of San Diego.

[1:03:54] I'm also a member of the Interfaith Coalition for Earth Justice and we cannot be neutral in the face of this proposal.

[1:04:04] That's the reason we're here. For us, this is a moral and it's a spiritual matter because it has to do with people's lives and people's health.

[1:04:12] And so, I ask you to continue to listen to us as members of the community.

[1:04:19] As I understand the proposal from Mitsubishi cement corporation, it is an direct opposition

[1:04:26] to the maritime clean air strategy which has its purpose to work for health equity.

[1:04:34] To me, this is totally the opposite of health equity.

[1:04:38] Just a few weeks back in November, we heard the COP27 in Egypt speak to us and tell us that we must do all that we can to reduce and then replace fossil fuels.

[1:04:53] even more, otherwise we're going to face even more devastating climate.

[1:05:01] Disruction that we are already seen at the cost of human life and property. On Tonya Gutera's,

[1:05:10] the Secretary of the United Nations told us that we are nearing the point where we will

[1:05:16] not be able to go backwards. We're running out of time. So I would insist with you the

[1:05:23] members of the Port Commission to ask Mitsubishi if they're going to bring a business to not

[1:05:29] That put the profits of business over people's health and people's lives.

[1:05:34] So if they can go as some people have suggested other means, especially electric, we would

[1:05:39] be in a pool of all of that.

[1:05:40] So thank you very much for the opportunity and I hope you continue to bring us to the table.

[1:05:45] Thank you.

[1:05:46] Now we have our remote speaker, David Flores.

[1:05:53] Thank you.

[1:05:54] Good afternoon, Chair Malcolm and Port Commissioners.

[1:05:57] My name is David Flores.

[1:05:58] I am the Director of Policy for County Supervisors Noravarius, who asked me to read her comment letter today.

[1:06:07] Dear Chair Malcolm and Board Commissioners, as the California Air Resources Board or

[1:06:13] CARB member for the San Diego Region, Chair of the San Diego Air Pollution Control District,

[1:06:19] and Vice Chair of the County Board of Supervisors, I am providing comment on the Mitsubishi cement

[1:06:24] corporation, bulk cement warehouse, and loading facility project.

[1:06:29] I am disheartened that with the Port of San Diego's adoption of the Maritime Clean Air

[1:06:35] Strategy, this project has presented does little to advance the goals of the MCAS, which,

[1:06:41] as the document states, its intent is health equity.

[1:06:46] With no commitments from NCC for zero-mission trucks, this project is completely unacceptable

[1:06:51] to introduce into the port side environmental justice community.

[1:06:55] Carb has identified the port side environmental justice community in the AB617 program for a reason

[1:07:02] to reduce exposure in communities most impacted by air pollution.

[1:07:06] For three years, the community steering committee and residents have been working with port staff

[1:07:11] to advance strategies to reduce exposures.

[1:07:14] There has been a collaborative spirit to advance together on ways to transition

[1:07:18] high-emissions impacts and improve public health.

[1:07:20] This single project, as it stands, makes it seem to the community, the CSC, the body

[1:07:25] of the community planning group, and to CARB, like the port does not intend to make any

[1:07:30] commitment for health equity, and therefore it's not serious about creating a balance between

[1:07:34] economic prosperity and environmental and racial justice.

[1:07:38] In 2020, CARB adopted the advanced clean truck regulation that will require manufacturers

[1:07:44] of medium and heavy-duty trucks to begin selling the remission vehicle.

[1:07:48] At CARB, we will be adopting an advanced clean fleet regulation, which, as you know, identifies

[1:07:54] that any new drapes drugs added to the registry on January 1, 2024 have the beans at them.

[1:08:00] I implore the port of San Diego members of the board to do the right thing.

[1:08:04] As a neighboring member of the Barrio Logan and West National Fleet Portside community,

[1:08:09] the board must include in its analysis and lease conditions for this project a strategy and

[1:08:14] commitments to ensure an increasing number of zero emission heavy duty trucks to service

[1:08:19] the facility and meet the goals of the MCAS, the port side SERP and CARBS ACF.

[1:08:25] I invite the port to connect with CARBS staff on the ACF regulation with questions on

[1:08:31] free transitions, infrastructure investments and to request additional assistance on what

[1:08:36] else we can do together to create true health equity.

[1:08:39] Thank you.

[1:08:41] Thank you.

[1:08:42] That concludes public comment.

[1:08:45] Thank you very much.

[1:08:46] I again want to thank everyone who came here today.

[1:08:51] Although you all know that the item is being pulled in any event at the Port of San Diego, we believe in robust community dialogue.

[1:09:00] And that's the reason why you have all gotten to speak today.

[1:09:05] And I want to assure all of you that we take all of your comments very seriously.

[1:09:10] We listen to you, we read all letters that we get, and we want you to know that we encourage this kind of community dialogue.

[1:09:18] Now, we have an incoming chairman, Commissioner Castellanos, who's going to be chair of this board next year.

[1:09:26] He has asked me to make some comments, and I'm going to allow that at this time.

[1:09:32] Thank you, Chairman, and I also did check with the General Counsel this item, typically if folks are allowed to speak for non-agenda public comment, we're not allowed to respond.

[1:09:43] In this case, we have not yet voted to remove the item from the agenda, so I believe my comments are proper.

[1:09:49] I want to thank everyone as well who's come down.

[1:09:53] I want to assure everyone that at the Port of San Diego where I have now served as a

[1:10:00] Commissioner for almost 10 years. Our commitment to environmental justice to clean air to be in a good neighbor is not just talk.

[1:10:10] We were one of the first ports in the country to adopt a climate action plan in 2013.

[1:10:16] We adopted the maritime clean air strategy last year under Chairman, then Chairman Zoukette's leadership, and we have already committed to investing $65 million.

[1:10:27] in dollars in electrification efforts at the port of San Diego.

[1:10:32] Electric cranes, electric yard tractors, electric pork lifts,

[1:10:38] other electric cargo handling equipment at the first all electric tugboat in the country.

[1:10:46] I know that this commission is very, very serious about this.

[1:10:52] And I know how important this is to the community.

[1:10:55] I've served on the Barrio Logan Planning Group since its inception in 2014.

[1:11:01] I have been there the entire time and I have been listening.

[1:11:06] I also have a very personal perspective when it comes to industry and environmental

[1:11:13] justice.

[1:11:14] I did not grow up in a port side community.

[1:11:16] I grew up in a mining town where everyone who I knew, everyone in my immediate family,

[1:11:23] They were all minors.

[1:11:25] They all worked in the mines, operated heavy equipment,

[1:11:29] some of them worked underground, including myself.

[1:11:34] I know what it's like to work in industry.

[1:11:38] What it meant to my family was not just the air

[1:11:43] that we had to breathe, that was not good.

[1:11:45] And I used an inhaler myself until I was 25 years old.

[1:11:49] I couldn't wrestle in junior high because of my asthma.

[1:11:55] But that job, those jobs brought my family out of poverty.

[1:12:03] It allowed me to save money so that I could go to college,

[1:12:08] and I wouldn't be sitting here today if it wasn't for that opportunity.

[1:12:16] This is not normal heights.

[1:12:19] This is a port, a deep water port.

[1:12:22] These are not simple decisions.

[1:12:25] We have to balance maritime commerce

[1:12:28] with public health. The mission of our Maritime Clean Air Strategy is health equity for all.

[1:12:37] Mitsubishi, the mission of our Maritime Clean Air Strategy is health equity for all.

[1:12:46] I strongly encourage you to sit down with the community and take the time that it takes to open up

[1:12:54] your project with full transparency, what you're proposing, what you can do, what you cannot do in a very, very detailed and transparent way.

[1:13:05] And that you take the time to do that, as well as you can, as authentically as you can.

[1:13:12] And I appreciate that the faith leaders who came here today, Father Scott Delarosa, thank you for your calls this week.

[1:13:18] You asked me not to call you father, but that's like working in the White House and not calling the President and Mr. President.

[1:13:23] it. It's impossible when you're a Catholic. I encourage you to host those discussions.

[1:13:30] Work hard at it. See what can be done. See if you can get the support of the community.

[1:13:39] And if you can do so and if you can come back with a plan with a project that achieves the

[1:13:44] goals that we are trying to achieve, then you will get a hearing if I'm elected chairman

[1:13:50] today. But there is a lot of work that needs to be done. A lot of work that needs to be done.

[1:13:58] And those are all of my comments. Thank you, Chairman.

[1:14:05] Thank you, Chair. Vice Chair Castellanos, future Chair Castellanos. Again, I want to thank you all for coming.

[1:14:13] It may not be normal from a day like this, but I know there are members of the faith community here.

[1:14:19] I want to recognize the season we're in, and I want to wish you all a very merry Christmas.

[1:14:25] I want to wish you happy holidays, and I, again, want to thank you for coming here.

[1:14:30] Thank you.

[1:14:33] Chairman, I think we'll need a motion on the docket changes, please.

[1:14:37] Thank you.

[1:14:40] Can I please have a motion on the docket changes?

[1:14:43] So moved.

[1:14:51] We have a motion.

[1:14:54] And we have a motion by Commissioner Castellanos.

[1:14:56] We have a second by Commissioner Tasson. Let's please.

[1:15:00] Motion

[1:15:05] passes unanimously. Thank you. Okay, thank you. Moving along, we are to board committee reports. I believe we have an audit oversight committee report. Commissioner Narano.

[1:15:19] Chairman, we have also non agenda public comment.

[1:15:35] Yes, we do have non agenda public comment. Those were the comments on the docket change. We do have a few non agenda public comments. Okay, backing up for

[1:15:46] just a quick moment. We have a couple other public comments. Apologies. I'll call

[1:15:52] the in-person. First and that's Paul Krueger.

[1:16:01] Thank you. Paul Krueger. I live in

[1:16:03] Thomas. In my comments today are really anticlimactic because I didn't know that

[1:16:08] this item was on the agenda. But I just want to point out to you something I've

[1:16:13] seen a couple of times including today when I went to look at the top flight

[1:16:18] location. There's a serious problem with homeless encampments. I don't know if you're aware on North

[1:16:24] Harbor across from the solar plant especially at that bathroom and when we have thousands of people

[1:16:34] coming off airplanes and going on that street to their location it is not a pretty sight for San Diego.

[1:16:41] Today I saw it was not bad today probably because of the rain but

[1:16:45] But four months ago, the entire area from the bathroom towards the airport for, say, a quarter

[1:16:55] mile, those benches were completely covered with people who didn't have parts with items

[1:17:01] and they had tents and blankets all over.

[1:17:05] And the bathroom was filthy, unusable dumpster.

[1:17:09] I actually sent photos to the poor commission and I didn't ever receive a response.

[1:17:15] That's not important, but I just want to, I am imagining it's on your radar.

[1:17:21] I just hope perhaps you make a habit of driving by every couple weeks and take a look at what's

[1:17:30] going on down there.

[1:17:31] Thank you.

[1:17:33] Thank you.

[1:17:33] And now we have a few voice mails to play.

[1:17:35] Hello,

[1:17:51] my name is Danielle Wilson, and I'm the Action Equity Coordinator at San Diego

[1:17:55] 350.

[1:17:57] I'm calling in today about a non-agenda public comment.

[1:18:02] I'm calling an opposition to Miss Lee, she's the Med Corporation and the pollution that

[1:18:09] it would bring to be effective communities around the port.

[1:18:14] One thing that environmental health coalition has made very clear through their campaign

[1:18:19] that against this polluting corporation is that this same project would not be considered

[1:18:25] in Coronado. I would say why is that, but we're all very well aware of why we would not

[1:18:35] add 300 plus diesel trucks trafficking through Coronado and why we are quite, or why the

[1:18:44] report is quite helpful considering a proposal like that for communities like

[1:18:49] Barrio Logan, the answers environmental racism, and that these communities that

[1:18:55] already have a higher risk of developing cancer than 93% of the nation, that support

[1:19:04] them as the phone, and that they value, if this project were to go into place, it would be

[1:19:12] very clear that profit is being valued over the health of our communities and I'm here

[1:19:19] to say that these communities are not disposable. That's already been burdened by far too

[1:19:25] much pollution in their homes, in their parks, in their schools and that adding another industry

[1:19:35] includes processing these absolutely atrocious and should not even be considered by this

[1:19:41] for administration. Thank you for your time.

[1:19:48] Good afternoon, Chairman Malcolm and Port Commissioner.

[1:19:50] Thanks to the opportunity to speak during non-agenda item.

[1:19:54] My name is Dennis DuBard,

[1:19:55] and as a former member of a major tenant

[1:19:57] of the Port operating in the Maritime Arena.

[1:20:00] I'll understand first hand the challenges and obstacles tenets base when it comes to balancing operations and being a good neighbor to the surrounding communities. I am calling in support of Mitsubishi Submit Corporation's proposed project and giving them the opportunity to work with community stakeholders to address their concerns. This is a project that will benefit all concerned. We just need to find a path to make it happen. Thanks again, and all the best.

[1:20:26] Hello,

[1:20:31] my name is Chelsea Woman.

[1:20:32] I'm a Logan Heights resident, and I'm calling to speak on a non-agenda item in the part of the environmental health coalition's voice to request the rejection of the need to be seen as corporations presence on the portrait communities.

[1:20:45] Portrait communities already struggle with commercial vehicles contributing to carbon emissions, including the Logan Heights area, but we also struggle with minimal access to the technical base from within our communities.

[1:20:56] consider prioritizing the presence of local community access to existing alongside the day and not just making more accessible and available to most possible businesses in mind.

[1:21:06] Part of our session is black and brown and indigenous people as a lack of access to natural resources.

[1:21:12] We also need to do as much as we can to support the ecology of the waterways that we occupy and often take for granted.

[1:21:17] As the place that one's Harvard State Marine Life, it may not be commercial vehicle, yachts

[1:21:24] and worship.

[1:21:26] It takes other lives and other perspectives and consideration and decision-making, choices

[1:21:31] of health and sustainable life, including decisions on expanding and developing alongside

[1:21:36] today.

[1:21:37] Thank you.

[1:21:47] That concludes public comment.

[1:21:49] Okay.

[1:21:49] Thank you.

[1:21:50] Now on to Board Committee Reports, Commissioner Neurano.

[1:21:55] All right. Thank you chair. So the audit oversight committee met on December 1st.

[1:22:02] Moss Adams presented the results from the fiscal year 2022 audited financial statements and

[1:22:07] single audit and reported that they issued an unmodified opinion in that no internal control findings

[1:22:12] over financial reporting were noted. The audit committee recommended the board accept and filed the

[1:22:17] results. This item will also be presented in graded detail today to the board for action.

[1:22:21] Presentations from staff include an audit plan status update from Jane Mascherenna,

[1:22:26] assistant port auditor, and at the ex-haul line update from Mark Gilding,

[1:22:30] our port auditor, and concluding the presentation with Mike Arendt,

[1:22:33] department manager of financial services, presenting the financial update

[1:22:37] to the committee highlighting positive revenue trends for the district.

[1:22:40] And there was also announcement of the new AOC public committee member,

[1:22:44] Mohamed Idris-Dwarri, going to the next slide.

[1:22:52] of coming out of I'm some interest at the next OSCE meeting in March 2023 will include

[1:22:57] a review of the 2023 committee work plan orientation of the new AOC members, the OPA

[1:23:03] status report for year to date and the annual external auditor engagement letter in that

[1:23:07] concludes my report.

[1:23:10] Thank you, Commissioner Noronho.

[1:23:11] Now we have a report from Vice Chair Castellanos.

[1:23:16] Thank you chair, giving a report on the final environmental advisory committee meeting of the year, which took place last week.

[1:23:26] We received presentations on the following topics.

[1:23:29] First, Cory's charity, a form report employee presented the results of remasters thesis which involved collecting and analyzing bird data in San Diego Bay.

[1:23:38] Bird survey data was used collected by port studies and a citizen science application called E-Bird to understand population trends.

[1:23:45] for a number of bird species around San Diego Bay.

[1:23:48] Her findings revealed habitat changes,

[1:23:51] have both the positive and negative impact on different bird species,

[1:23:54] and that the port should expect a substantial increase in bird observations as the result

[1:23:58] of establishing a wetland at Pond 20.

[1:24:01] Paula Sylvia, program director of aquaculture and blue technology provided an update on the Sunken Seaweed Pilot Project.

[1:24:07] The port has been working with Sunken Seaweed for over four years,

[1:24:10] assisting them to test a variety of native seaweed species for culinary uses,

[1:24:13] and bioremediation potential for stormwater runoff.

[1:24:19] Renee Yarmie, program director maritime sustainable development, provided an update on the advancements of electrification and clean freight initiatives at the port's maritime facilities.

[1:24:30] These initiatives progress to zero emission goals and objectives of the maritime clean air strategy across several emissions source areas.

[1:24:38] And finally, the committee received a master planning update from the planning department on three ongoing efforts.

[1:24:42] the National City Balance Plan, the Port Master Plan update, and the Senate Bill 507 Trustlands use plan.

[1:24:48] Thank you, Chair.

[1:24:50] Thank you very much.

[1:24:51] Now we're on to Commissioner Reports, and I believe Commissioner Noranho, you have a couple of reports for us.

[1:25:00] Thank you, Chairman. I will start off with the AB 617. So, at the November 10th, the Community

[1:25:05] Emissions Reduction Program, MCAS, and Lamentation Subcommittee meeting. Port staff engaged

[1:25:10] with members of the Subcommittee to discuss ideas to better communicate results of technical

[1:25:14] analysis, such as the Port's Health Risk Assessment. The Port was joined by staff from the California

[1:25:19] Air Resources Board to provide explanations regarding methodologies and results presented

[1:25:23] entered in the part's HRA as well as CARB's regional air talks risk modeling.

[1:25:29] It is the attempt of the board to develop a reader friendly document to better communicate

[1:25:33] these results so that all audiences can comprehend the information.

[1:25:37] Also on November 15th, steering committee meeting the Mitsubishi cement corporation provided

[1:25:41] a presentation on the proposed VOLX cement warehouse and loading facility project at the

[1:25:46] board's 10th Avenue Marine Terminal.

[1:25:48] Although I did not participate in this portion of the meeting, the community steering committee

[1:25:52] members voted to submit a letter to the board on the project, which is submitted via

[1:25:56] email to us on November 22nd. And that concludes my A.V. 6.7.

[1:26:03] Okay, let's go to the next one. So following our board meeting back in November 16th, I was

[1:26:11] invited to participate on the panel about zero mission shipping and how ports can look

[1:26:19] like for that work for people.

[1:26:21] So at this forum, I was able to discuss these initiatives

[1:26:27] with Los Angeles Councilwoman Nithia.

[1:26:30] Also met great advocates, California Transportation

[1:26:34] Commissioner Joe Liu and many others,

[1:26:38] discussing initiatives and how we can work together,

[1:26:41] not just statewide, but nationally, to go above and beyond

[1:26:45] and to make sure we're tackling the climate crisis

[1:26:47] at reports. And that concludes my report.

[1:26:51] Thank you, Commissioner Narono.

[1:26:53] We now have a report, a tree planting event, a Commissioner Castellanos.

[1:26:59] Thank you, Chair. On November 30th, I got to participate and

[1:27:03] make comments at a tree planting event at Cesar Chavez Park in Barrio Logan.

[1:27:09] It was a great time. You see there we had a bunch of kids from Perkins Elementary.

[1:27:15] 20 trees were planted, this was part of a cal fire, state of California grant together with the urban core.

[1:27:25] Which as you know, does a lot of work for the poor and others here locally.

[1:27:28] They have a great program to help give skills to young people out of high school.

[1:27:34] In this case, that includes urban, arbor science, tree science.

[1:27:41] And it was a great event in a great project.

[1:27:46] 20 flowering trees were planted.

[1:27:48] These trees will help not just beautify the park, but also capture greenhouse gas emissions.

[1:27:53] And they have a cooling effect and also, of course, their shade tree.

[1:27:59] So it was a really, really nice event at a great park.

[1:28:03] And as the Duke of Alderama Commissioner Emeritus would say, it was a win, win, win.

[1:28:07] Thank you.

[1:28:08] Thank you.

[1:28:09] Thank you, Commissioner Castellanos, so we now have a Chula Vista update from Commissioner

[1:28:14] Ann Moore.

[1:28:15] Yes.

[1:28:16] Thank you.

[1:28:17] I'm very pleased to be able to give this update today.

[1:28:21] The Chula Vista Bay Front Project or the Rita Project has been something that has been

[1:28:26] a goal or vision for the City of Chula Vista for about 20 years.

[1:28:31] And here we are today.

[1:28:32] It is actually the Rita project is on time and on schedule and is due to open as scheduled in May of 2025.

[1:28:44] The groundwork is just about done as you can see in these pictures and the cranes are up and there will be more cranes soon to the site and soon we'll start seeing structures.

[1:28:54] The one structure that you do see here, I thought was particularly interesting.

[1:28:59] It is the tower, which is the central part of the hotel.

[1:29:05] And that actually provides the stability to the building if there was an earthquake.

[1:29:12] So it's quite a massive structure and according to Rita, it's actually the largest structure that they have actually ever built.

[1:29:21] So everything is going really great on the Rita Project and can't wait for the next phase to actually start seeing structures of pop-up. Thank you.

[1:29:33] Thank you Commissioner Moore and I will tell you is somebody who commutes home by the scrant every day.

[1:29:40] Seeing those three cranes there and seeing that structure go up is incredibly exciting.

[1:29:46] So, I have a report, the Imperial Beach Peer Enhancement Project, which is a long-time

[1:29:52] capital improvement program project that's been on our books for quite some time.

[1:29:57] and we've

[1:30:00] We've done some initial work, we've painted the peer, we've done some repair work, and now we're to the fun part. We're actually building structures on the peer. One of which is a shade structure, mid-peer, and we're going to do some cable railing around that. But the shade structure is unlike any shade structure I have ever seen. I've been on a lot of California peers. It actually is art merging with function. It's a structure where the underneath looks like.

[1:30:29] water looking underneath and you see a shark swimming through and whether you're

[1:30:34] looking at it from underneath or there's a drone above you can see the shark

[1:30:37] swimming through it. It's really quite unique. It's fun. The community is very

[1:30:43] very excited. An Imperial Beach that the pier is you know kind of an iconic part of

[1:30:49] the community. A lot of people go out there. A lot of people kind of look at it as

[1:30:53] part of the classic Southern California theme of Imperial Beach. So the community

[1:30:58] is really excited and thankful to the port of San Diego for doing this improvement.

[1:31:03] But that's not all. There's more. We actually have a third part, third phase,

[1:31:10] which right now is unfunded, but I'm going to be looking around for money, digging under my desk.

[1:31:16] And that will be another larger shade, shade structure closer to the beach in actual 40-foot wings out on the pier.

[1:31:23] and Commissioner Casson will remember we had a certain mayor way, way back

[1:31:27] that wanted to build wings on the pier and we are going to make that a reality.

[1:31:33] This is a picture of it. This is supposed to look like coming up

[1:31:38] and seeing a surfboard above coming up to the surface of the ocean.

[1:31:42] And it's just a really exciting improvement.

[1:31:47] Again, the community is fired up. We're going to have some furniture underneath as well.

[1:31:52] And the way we look at it is the peer is part of the Port of San Diego we want to make it the best peer in California.

[1:31:59] So that's the goal and the community is 100% behind it, but I want to thank my colleagues for way back when allocating money to the CIP program to make something like this, something that really means a lot to the community or reality.

[1:32:13] And that is my report. Do we have any other commissioners wishing to make comment at this point?

[1:32:21] Okay.

[1:32:29] Moving right along, we are now to special recognition.

[1:32:40] Good afternoon, Chair Malcolm, commissioners,

[1:32:42] President Steveson, and General Counsel Russell. I'm Cheryl Smith,

[1:32:46] business and community partner with the Diversity Equity and Inclusion Department,

[1:32:50] presenting December's special recognition where we recognize and celebrate the backgrounds

[1:32:55] and different cultures of the Port's diverse employees during the winter months.

[1:32:59] Next slide please.

[1:33:03] A few celebrations are highlighted here and featured in our lobby.

[1:33:06] Las Posadas is a religious festival celebrated in Mexico and other Latin American and Hispanic countries.

[1:33:13] It commemorates the journey that Joseph and Mary made from Nazareth to Bethlehem in search of a safe refuge.

[1:33:19] Hanukkah is an eight-day Jewish holiday celebrating the rededication the second temple in Jerusalem.

[1:33:26] The celebration stems from what was believed to be a miracle as there was only enough oil to burn the menorah's candles for one day during the rededication.

[1:33:33] Each night during Hanukkah, a new candle is added to the menorah after the sun sets.

[1:33:39] Christmas is one of the most important Christian holidays that celebrates the birth of Jesus.

[1:33:44] It's also cultural importance to those who do not actively practice the Christian faith.

[1:33:49] Kwanza is a week-long celebration for African-Americans based on West and Southeast African-Harvest Festival traditions.

[1:33:55] For celebrated in 1966, each of the seven days represents principles of history, values,

[1:34:02] family, community, and culture.

[1:34:05] Other celebrations to learn about, but not shown include Bodhi Day.

[1:34:09] This Buddhist holiday commemorating the day that the historical Buddha experienced enlightenment

[1:34:13] is traditionally celebrated on December 8th.

[1:34:17] The Winter Solstice on December 20th worst is known as Yul to those practicing the pagan and wickenface.

[1:34:22] the day marks the longest night of the year and return of the sun.

[1:34:26] Often celebrated by lighting a uelog and decluttering your space and

[1:34:30] lastly, Boxing Day on December 26th, originated in what is now the United Kingdom.

[1:34:36] Traditionally on this day, the donation box for the poor kept its churches was distributed into the community.

[1:34:42] We wish all poor employees and their loved ones a happy holiday season.

[1:34:45] I'll now hand it off to Amanda Ebera.

[1:34:47] Thank you.

[1:35:01] Good afternoon. My name is Amanda Ibarra, and I am an associate environmental specialist. Today, I am thrilled to share with you about the Ridgeways Rail release that took place last month. On November 18th, 2022, Port South accompanied the Living Coast Discovery Center and their partners to release endangered Ridgeways rails into the Tijuana Estuary. Since 2000, the Port has supported a propagation program for this endangered bird in partnership with the Living Coast

[1:35:31] Discovery Center. Through this program, the LCDC breeds captive birds, raises the chicks,

[1:35:37] and releases them into local wetlands. This recent release of two chicks and one adult was

[1:35:43] the last of the season. Before the birds were released, they were subject to a full physical,

[1:35:49] including comprehensive length and weight measurements, blood draws, banding, and physical exams as shown

[1:35:55] here. This information provides valuable data about the long-term health of the

[1:36:00] rail population and ensures that the birds are healthy and ready to find their

[1:36:04] new home in the wild. Studies done with the University of Idaho have also looked

[1:36:10] at their physical characteristics and health of the released rails which has

[1:36:14] helped LCDC to improve their care of the birds. This past year in particular,

[1:36:20] LCDC's hard work has paid off and they have seen increased survivability in the

[1:36:24] wild. Next slide please.

[1:36:30] This video shows the exciting moment that the rails were released.

[1:36:34] Vice President Jason Giffin and I had the distinct pleasure of releasing two of the birds

[1:36:38] into the Tijuana River estuary. Please play the video.

[1:36:46] Since the program is beginning,

[1:36:47] the LCDC has released 937 rails into the wild and studies have shown that the populations have been

[1:36:55] and increasing the past few years.

[1:36:57] The Board is proud to partner with this program

[1:36:59] as they continue to improve and refine their techniques

[1:37:02] and provide critical support to this endangered local bird.

[1:37:06] This release event was truly an amazing experience to witness

[1:37:10] and the sight of the rails flying into their new habitat

[1:37:13] is one I will always remember.

[1:37:15] Thank you for supporting this program

[1:37:17] and I encourage everyone to keep an eye out for a Ridgeway's rail

[1:37:21] on your next hike or trip to the local salt marshes.

[1:37:25] Now over to Chief Fernandez.

[1:37:35] Good afternoon, Chief.

[1:37:37] Good to see you.

[1:37:38] Good afternoon, sir.

[1:37:41] Good afternoon, Chelmalkham,

[1:37:42] Port Commissioners, President CEO,

[1:37:44] Stuyveson and General Counsel Russell.

[1:37:47] My name is Magda Fernandez.

[1:37:49] I am the Chief of Police and the VP of Public Safety.

[1:37:53] I am honored to stand before you

[1:37:56] to recognize Officer Christine Sparry

[1:37:58] For her dedication to public service, her duties as a Harbor Police Officer and

[1:38:04] additional duties she has taken on at Harbor Police and at the Dispatch Communication Center.

[1:38:11] On November 9th, officers' ferry was selected and recognized among the best of the best auto theft recovery officers and deputies in San Diego County by the San Diego Auto theft advisory committee.

[1:38:25] This award is a very unique one, as there are no nominations submitted.

[1:38:31] Officers and deputies are selected and

[1:38:33] recognized solely based on their investigative work and

[1:38:37] the number of out-of-theft recoveries and arrests they make in a calendar year.

[1:38:42] 2021, Harbor Police had 72 recoveries.

[1:38:46] Officers varied, contributed greatly to those recoveries.

[1:38:50] In 2021, in the state of California, over 194,000 vehicles are stolen.

[1:38:56] This number equates to one vehicle every three minutes, being stolen.

[1:39:01] The total value of stolen vehicles is $1.7 billion.

[1:39:06] Of these thefts, 57% of these vehicles were stolen out of Southern California.

[1:39:11] San Diego ranks second among Southern California counties.

[1:39:15] We are very proud of Officer Sparry for her hard work and vehicle theft investigations

[1:39:21] are very frequently in complex.

[1:39:24] They lead to a rest of subjects, not just for vehicle thefts, but for other sophisticated

[1:39:28] and violent crimes.

[1:39:30] However, in addition to this award, Officer Sparry was recently recognized for her contributions

[1:39:36] to the Harbor Police Department by the Executive Leadership Group.

[1:39:40] Officer Sparry demonstrates the port's core values of teamwork and courage.

[1:39:46] She holds multiple collateral duties within the department, along with her normal patrol

[1:39:50] duties.

[1:39:51] This includes handling of major traffic accident scenes as a traffic collision reconstructionist.

[1:39:57] She oversees the department's automatic external

[1:40:06] All of these individual accomplishments are indicative of her dedication to the court's core values. However, the best demonstration of Officer Sparry exemplifies these court values of teamwork and courage is her willingness to work as a harbor police dispatcher in addition to her regular duties. This has greatly assisted in lowering the work and stress load of our dedicated dispatcher.

[1:40:29] team. She has sacrificed many hours of her off-duty time to work in dispatch essentially executing

[1:40:37] the jobs of a full-time police officer and a full-time dispatcher. Officer Sparry has done this

[1:40:44] out of her own desire to help not only the department but also her co-workers. I would personally

[1:40:50] like to commend Officer Sparry for her incredible work and contributions to the port of San Diego

[1:40:55] and the Harbor Police. Thank you, Officer Sperry.

[1:41:08] And I turn the mic over to Mr. Stytheson.

[1:41:11] And before he does that, I just want to say, Officer Sperry,

[1:41:14] you are an incredible example of the department

[1:41:18] and of the port of San Diego.

[1:41:21] We're very proud of you.

[1:41:23] We want to thank you very much for your efforts.

[1:41:25] Thank you.

[1:41:26] And you can say a few words.

[1:41:28] It's been a pleasure.

[1:41:29] I'm on my 21st year with the department.

[1:41:31] You know, a lot of dedication I've always wanted to be a cop was first agency that gave me that opportunity to do it.

[1:41:39] As she said, we're a team and we got to stick together.

[1:41:42] You know, I didn't hire on as a dispatcher, but our dispatchers are our lifeline.

[1:41:46] So to be able to go up there and help them and give them the opportunity to have a little time off is an honor.

[1:41:53] And again, harder please couldn't do it if we didn't act as a team.

[1:41:57] And again, thank you all for your support. I really appreciate it.

[1:42:01] We got a great age to see and I hope to see it thrive throughout her leadership in the years.

[1:42:06] I got three years left and I'm going to make them the best I can.

[1:42:09] But thank you everybody, I really appreciate it.

[1:42:18] Okay, I think you chaired commissioners and I want to take a moment and tell you about an

[1:42:23] amazing story of success at the Port of San Diego.

[1:42:27] I'd like to recognize Sean Sumner, Vice President of Business Operations for 20 years of service

[1:42:33] at the port. Sean's unique and as he started as an intern in the HR department when he first got here.

[1:42:42] I don't know the story behind it all but apparently he couldn't hold the job here at one place

[1:42:47] in the port so he's had ten positions to four different departments and this served in various

[1:42:53] capacities all the way from intern temporary employee, limited employee, full-time employee,

[1:42:58] Jack of all trades employee.

[1:43:01] Once Shawn joined the real estate department, and as I see the work that the real estate

[1:43:07] department does now, I don't know how he did this, but he earned his jurisprudence

[1:43:12] doctorate degree from University of San Diego.

[1:43:15] Shawn has worked on many, many projects here at the Port Career.

[1:43:19] I'll just hit a couple of highlights ranging from Bay Tour operator landings, North Embarcadero

[1:43:24] visionary Lanefield Spring Hill Suites at Intercontinental the Shell Portside

[1:43:28] Pierce on communities Gaylord Pacific which is currently under construction

[1:43:32] just to name but a few. Sean's here with his wife Maria Son Dominique and his

[1:43:38] mother Fran so on behalf of the port Sean thank you for outstanding amazing

[1:43:47] service we look forward to the next 20 years and hopefully you'll hold at least you

[1:43:51] You know, not as many jobs over the next 20 years, but who knows, right?

[1:43:57] And so I'd like to offer you an opportunity to speak and then we'll ask your family to join us up there and take a picture.

[1:44:03] Great, thank you very much Joe for the present CEO Stives and for the kind words.

[1:44:08] And for the opportunity to address you all today, feeling a little bit nostalgic, I really do want to thank you for the opportunity to speak in front of you on my 20 years of service.

[1:44:19] and thanks to my family, my son Dominic, my wife Maria, my mom Fran. Unfortunately my

[1:44:25] mother-in-law was not feeling well so she can't be here today but my mother-in-law

[1:44:28] the rain is also a huge part of our family. My family is the reason that I can show

[1:44:33] up to work every day and give this job everything I have. I thank them for their

[1:44:37] constant love, support and encouragement. I had no idea when I started as an

[1:44:42] intern in September of 2000 that I'd be standing before you here today. As a

[1:44:46] years have flown by, I've had the great honor and privilege of working with some of the best commissioners,

[1:44:51] staff, tenants, and communities as we saw earlier today anywhere in the world.

[1:44:56] I've been monitored by, mentored by talented.

[1:45:00] Executive directors, inspired by my peers, including the ELG, impressed by my teams and motivated

[1:45:06] by the variety and opportunity of developing here on San Diego Bay. Looking back on my time

[1:45:11] here in particular, I'm thankful for our former CEO, Randa Kniglio, who elevated media

[1:45:16] and executive. Our former director of real estate, Karen Wyman, who taught me everything I needed

[1:45:21] to know about ground up commercial development. Karen Portius, Michelle Corbin, and Delgia

[1:45:27] departmenter for taking a chance on me back in 2000.

[1:45:31] LT Jim Hutzelman, Irene McCormick,

[1:45:33] and Rita Bandagov for the opportunity

[1:45:35] to work with some talented creative people

[1:45:37] in marketing and communications.

[1:45:38] Yes, I'm going through my jobs here at the port.

[1:45:42] And Bruce Hollingsworth, also a former port CEO

[1:45:44] who took an interest in my career

[1:45:46] and always made me feel as though my voice mattered.

[1:45:49] And many others at all levels of this organization,

[1:45:51] you know who you are, who may not have realized just how

[1:45:54] profoundly they have influenced me.

[1:45:56] And lastly, you know, the port is a great place to work.

[1:45:59] The life I've built here has been shaved in no small part

[1:46:02] by what the port has given to me.

[1:46:04] So in closing, I think the board and the commissioners

[1:46:07] for their commitment to public service,

[1:46:09] we know how hard you all work.

[1:46:10] It's an incredibly challenging job.

[1:46:13] Joe, to you specifically for your leadership support

[1:46:15] and trust in me.

[1:46:17] Tom, for the exceptional team, you have assembled.

[1:46:20] Mark, for the partnership and all things audit.

[1:46:22] Tony, Ken and Y-Lean, for being the kind of directors

[1:46:25] to make it easier for me to sleep at night.

[1:46:27] And all of the support staff here, not the least of which is our dedicated clerk's office,

[1:46:32] Commissioner Services and IT, as we all know, can't have a board meeting without them.

[1:46:37] And thanks again for this opportunity, and I look forward to continuing to serve you in the years to come.

[1:47:42] I'll be ready for a present report, can you call?

[1:47:48] Okay, moving on to the president's report.

[1:47:52] Thank you chair, good afternoon chair, commissioners.

[1:47:55] Next slide, please.

[1:47:57] Port of San Diego has been busy in its vital role as a strategic port of the United States.

[1:48:02] These operations are critical to our national security and support the men and women who

[1:48:06] serve on behalf of the nation.

[1:48:08] The 834th Transportation Battalion and the Military Service Deployment Distribution Command

[1:48:13] returned to the port's 10th Avenue Marine Terminal in mid-November through early December,

[1:48:19] discharging 721 cargo units that originated from Busan, South Korea.

[1:48:23] The cargo included rolling stock, containers, military

[1:48:27] humvees, Bradley Fighting Vehicles, and one Abrams.

[1:48:31] Special thanks to the maritime operations team

[1:48:33] for ensuring the success of these operations.

[1:48:36] Next slide, please.

[1:48:39] Many of our port team had a busy week during November 14 to 18,

[1:48:43] as opposed to every other week that they're very busy.

[1:48:46] It was the 14th annual Blue Tech week put on by TMA Blue Tech,

[1:48:51] and the port was a sponsor.

[1:48:52] Staff participated in several panels during the week and also conducted water side tours with several of our partners who were in town for the event highlighting many of our blue economy, economy initiatives.

[1:49:04] A Money Harbor Police Department and Planning Department hosted a water side tour with Nicole LeBuff, Assistant Administrator for NOAA's Ocean Service, Carl Goldman, Director of NOAA's Integrated Ocean Observing System, and Clark Anderson Director of Southern California Ocean Observing System.

[1:49:21] Throughout the week, Margaret Plaro, Renee Yarmie, and Billy Marsh spoke on panel spanning

[1:49:28] building capacities for blue tech innovation to ports as key players and sustainable blue

[1:49:33] shipping into advanced maritime security technologies.

[1:49:37] I'm Friday the staff hosted Kendra McDonald's CEO of Kendra's Ocean Super Cluster and Mario

[1:49:43] Diaz from the local Canadian Consulate on Waterside tour.

[1:49:47] Lastly, the staff attended the first inaugural Ocean Summit in San Francisco, which was sponsored

[1:49:53] by the Builders Initiative in STGE Ventures.

[1:49:57] The event brought together diverse...

[1:50:00] This convening of participants spending industry executives, innovators, and leaders to propel innovation in advance of capital investment across and beyond the ocean system. The event was a huge success before to come. Next slide, please.

[1:50:16] Underfront, I think several people attended

[1:50:19] underfront, great success this year after more than a year of preparation,

[1:50:24] first time since 2019, attracting thousands of people in

[1:50:29] Barca D'Aro, Renaport South. The event included free community

[1:50:33] stage and featured several top name performers,

[1:50:37] Gwen Stefani, Kings of Leon, and the Zach Brown Band.

[1:50:40] Several Port Tennis directly partnered with the Festival

[1:50:43] Organizer, including tenants in Seaport Village, Grand Hyatt Hotel, Old Town Trolley, and Ace Parking.

[1:50:50] Well done and thanks to everyone's work to make this a success, especially parks and

[1:50:56] recreation, Harbor Police, developmental services, guest experiences, and general services.

[1:51:02] Special shout out is extended to Sophia and Erica for their extraordinary efforts.

[1:51:10] And next,

[1:51:13] on December 3, 2022, 11 Harbor Police Officers participating in the annual shop

[1:51:18] of the COP event which started in 1994, Harbor Police picked up 11 kids at Perkins Elementary

[1:51:25] School and took them to see world where they were treated to breakfast, a dolphin encounter,

[1:51:30] show, and learn history of the program.

[1:51:32] They even got the meat officers who were participating in the program as kids.

[1:51:38] After breakfast, and presentation is seen where all the kids were transported by police

[1:51:43] caravan to target where they were provided with a $200 gift card to purchase Christmas

[1:51:48] gifts, HPD finished the day by hosting a barbecue for the participating kids and their parents.

[1:51:54] Special thanks to HPD for representing the port in this very meaningful event.

[1:51:58] This concludes my report.

[1:52:00] Thank you for that great report, President Stivocent.

[1:52:03] We are now on to approval of the minutes for the November 8 meeting and November 16 meeting and at this point

[1:52:11] It would be appropriate for a motion got

[1:52:16] a motion by commissioner or task and I believe that was second by commissioners to get

[1:52:21] What's vote?

[1:52:27] One more vote

[1:52:31] motion passes unanimously. Thank you. Thank you and setting speed records here two hours in. We are two consent

[1:52:40] So

[1:52:40] So I do have a number of recusals.

[1:52:46] I believe Commissioner Tassin, you are planning to recuse an item four.

[1:52:50] Nine and 14.

[1:52:52] Yes, correct, yes, thank you, Mr. Chairman.

[1:52:55] I'm recusing myself on item four because I used to consult with Reader Development.

[1:53:00] And I'm recusing myself on item nine and 14 because I own Semprostock.

[1:53:05] Okay, and Commissioner Daniel Moore, you are also planning to recuse on item 14.

[1:53:12] That's correct.

[1:53:13] I'm recusing on item 9 and 14 because my former law firm represented SDG&E.

[1:53:19] And I'll also be recusing on 19 because my former law firm represents top goal.

[1:53:25] Okay, so, 14 and 19.

[1:53:30] Okay, so what I would propose, well, 19 is in consent, okay.

[1:53:37] So I would propose that we have a motion for all items except for 4, 9, and 14.

[1:53:46] So moved.

[1:53:50] Oh, yes.

[1:53:55] Oh, I am sorry, okay.

[1:54:01] Okay, so I am very sorry.

[1:54:05] I didn't have that down here, Commissioner Noronho.

[1:54:06] I'm going to try and figure out the logistics here,

[1:54:14] item 10 and item 14, item 12, okay.

[1:54:20] And on item 10, is this a question that you had that you'd like to pose now or do you

[1:54:25] actually want to pull, okay?

[1:54:29] Why don't we do that?

[1:54:33] Yeah, I just have a clarifying question on agenda item 10 for the TOP on the section for

[1:54:40] worker qualifications, responsibility for agents and contractors.

[1:54:44] The question I have is about who from the district will be reporting.

[1:54:50] I've heard reports from other cities that have the same language that usually there

[1:54:55] There isn't clear on who reports I wanted to see if-

[1:55:00] If staff can direct me on who would be responsible and reporting, and recording for that section 10.

[1:55:29] Commissioner, are you speaking to the contractor language? Yeah, the worker, yeah, worker qualifications responsible for agents and contractors and some contractors. So when we get information who would be, they would be reporting to us or who would be. Yeah, just a question on.

[1:55:49] And because we're in the language is, you know, we're making sure we're getting the information who's performing the work.

[1:55:57] And so I just a clarifying question on who from the district or department will be responsible to follow up on that just because in other cities that they have this language, but there isn't certainty on who's actually doing the reporting.

[1:56:12] So I just wanted to know who would be doing that.

[1:56:27] Commissioner typically in these types of agreements the you know all of the

[1:56:34] correspondence goes to the director of real estate as the signatory for the

[1:56:39] for the district so that information would go to would be addressed to the

[1:56:45] director of real estate and then we would distribute it as needed from there.

[1:56:48] Okay so the tenant would report to the real estate department on that. That's

[1:56:52] correct. Okay that's it that's it that's my question. Okay thank you so I think I

[1:56:57] I have figured out the logistics.

[1:56:59] If I could have a motion on all consent items, except for 4, 9, 12, and 14.

[1:57:07] So move.

[1:57:09] Okay.

[1:57:10] We have a motion by Commissioner Castellano, the second by Commissioner Tasson.

[1:57:15] Let's please vote on those items.

[1:57:39] Motion passed unanimously.

[1:57:41] Okay, if I could now have Commissioner Tasson leave the days.

[1:57:44] Yes.

[1:57:48] Well, Commissioner Moore is voting on item 4 and item 9. Yeah.

[1:57:57] Yeah, on 4. Okay, on 4.

[1:58:00] Okay.

[1:58:03] So, if I could now have a motion, Commissioner Erkassen has left the room. If I could have a motion on item 4.

[1:58:09] So, move.

[1:58:12] Okay. We have a motion by Commissioner Kassano. Second by Commissioner Moore. Let's take the vote.

[1:58:19] Motion passed unanimously.

[1:58:20] If I could now you are not yeah, you're gone for now. Okay, so now if you could leave Commissioner

[1:58:30] more

[1:58:37] Sure, welcome you will be missed. I don't think Rafael could pull this off

[1:58:41] Right, I'm sitting here hopelessly confused, so I'm just like

[1:58:49] Okay, if I could now have a motion on commissioner on item nine and

[1:58:58] 14

[1:59:00] So moot.

[1:59:02] I do have public comment on 14.

[1:59:05] Okay, we'll take the public comment now.

[1:59:08] Thank you.

[1:59:09] We have a live comment from Daniel Hadari.

[1:59:13] She's online.

[1:59:26] She seems to have fallen offline.

[1:59:29] I don't see her here.

[1:59:35] So don't comment.

[1:59:36] She's laughing.

[1:59:36] Okay, all right.

[1:59:37] So a motion on 9 and 14, please.

[1:59:52] Thank you.

[1:59:53] On a motion by Commissioner Costiana

[1:59:55] on us in a second by Neuron, who motion passed unanimously. Thank you.

[2:00:00] Commissioner, if you would leave the day us now, and if we could have Commissioner Moore back for item 12, you know, I'm not refusing just, I'm just going to abstain. Oh, I think you had a question on 10, you weren't recusing on 12. No, I'm sorry, then a motion on item 12. Oh, and we need Commissioner Moore back for that. So let's have Commissioner Moore back.

[2:00:39] And I guess we could take a motion.

[2:00:40] commission on 12, yeah, right.

[2:00:45] And then Commissioner Moore will have to leave again.

[2:00:49] So moved.

[2:00:51] So

[2:00:57] we have a motion by Commissioner Castellanos.

[2:01:01] Second.

[2:01:02] Second by Zucat.

[2:01:03] What's vote?

[2:01:11] Motion passes with Commissioner Neuronho abstaining.

[2:01:15] Commissioner Moore, if you would please leave the day us again.

[2:01:18] I think I've handled this very clumsily actually.

[2:01:20] So, yes.

[2:01:33] Commissioner Moore has left the room. I believe, if my math is correct, we have 14 left, is that right?

[2:01:41] I think item 14 is the only one we have not voted on.

[2:01:48] We did.

[2:01:52] Okay. Then we're done.

[2:01:55] So let's have the commissioners back. See you spoke way too soon.

[2:02:04] I've got the baton ready to give the Commissioner Castellanos, right now would be fine.

[2:02:32] When I practice that five times at home, it went so much better.

[2:02:38] Okay, on to item 18, auditor's report.

[2:03:04] All right, good afternoon commissioners, this is Mark Yolting, port auditor.

[2:03:09] Today I am here to present the audit results along with Moss Adams.

[2:03:13] These results were presented at the December 1st Audit Oversight Committee,

[2:03:18] and the committee recommended the board accept and file the external auditors report

[2:03:23] on the audit of the district's financial statements and single audit for year-ending June 30 of 2022 today.

[2:03:31] This was a first-year audit with our new firm that also happened to have a new and large GASB 87 implementation as well.

[2:03:38] So, I would like to thank finance staff for all the hard work and the positive results

[2:03:43] you are about to hear from Moss Adams.

[2:03:45] With that, I will pass it over to Olga Darlington, partner Moss Adams.

[2:03:49] Thank you.

[2:03:51] Good afternoon, commissioners.

[2:03:56] I'm Olga Darlington.

[2:03:57] I'm a partner with Moss Adams to county and advisory firm.

[2:04:01] Today was me as met Dean Stale who was a senior manager and that might right hand on the

[2:04:05] audit engagement.

[2:04:07] As was mentioned, this is the first year for our firm to perform an audit, and anytime

[2:04:13] an entity changes auditors, it's a big undertaking, so I want to acknowledge the port staff,

[2:04:19] not only in finance and accounting, but throughout the organization that have answered our questions

[2:04:24] throughout the audit and have been very helpful in getting the audit to the finish line.

[2:04:30] Today I have some very brief remarks on the results of the audit to present to you.

[2:04:36] So, if we could progress to the next slide, and actually the next slide is the punch line.

[2:04:43] And that slide summarizes the auditory reports that we have issued.

[2:04:48] The first one is being the unmodified opinion on the financial statements.

[2:04:52] Unmodified in a counting lingo means it's a clean bill of health.

[2:04:56] So it's a good report.

[2:04:57] It's a good scorecard.

[2:04:59] That is...

[2:05:00] That's exactly what you want. That means the financial statements are presented in accordance with US gap and are materially correct. Also, we issued additional compliance reports. One, on internal controls over financial reporting. That report does not have any findings on internal controls over financial reporting. If we had identified any weaknesses or significant deficiencies in the processes over financial reporting,

[2:05:28] those would have been reflected as a finding in the report.

[2:05:31] So once again, another clean report.

[2:05:33] And the final report is the compliance over federal awards that the

[2:05:39] ports received.

[2:05:40] So this is federal money that's spent during the year by the port on its programs.

[2:05:45] We are required to perform an audit with spelled out compliance requirements.

[2:05:51] And that report is once again an unmodified opinion on a major program that was identified

[2:05:55] for testing.

[2:05:56] So, all in all, very clean reports, very positive results.

[2:06:01] On the next slide, I have just a quick summary of a few areas of audit embassies.

[2:06:07] These are the areas that we perform, that we spend most of our audit effort and spend

[2:06:13] most of the time during the audit.

[2:06:16] Internal controls is a very important aspect of any entity, particularly when it pertains

[2:06:21] is to accurate financial reporting, to its IT system,

[2:06:26] to its revenue collections and billing,

[2:06:28] to its accurate disbursements of cash

[2:06:31] and management of its finances.

[2:06:33] So we do look at internal controls very closely

[2:06:38] and make sure there's no gaps in those internal controls

[2:06:41] that ensure not only accurate reporting at the end of the year

[2:06:46] in the annual comprehensive financial report,

[2:06:49] but also throughout the year in the management reports that are presented to

[2:06:53] management and to the commissioners. Another big area of the audit that we

[2:06:59] perform significant amount of testing on is the capital assets area. As you know

[2:07:05] there is a big CIP program construction and programs. There's a lot of projects

[2:07:10] that are going on at the courts. Many, many dollars invested in those projects so

[2:07:15] So we make sure that there is internal control surrounding monitoring of those projects as

[2:07:20] they go along as well as the dollars that are being capitalized as part of the project

[2:07:24] are accurately recorded.

[2:07:28] On the next slide is the highlight of the audit, particularly for this year, is the new

[2:07:33] leasing standard that was implemented by the port in 2022 that had significant impact on

[2:07:40] the financial statements.

[2:07:42] These new accountants standard required all of the agreements, lease agreements in place

[2:07:49] that the port has, and there are many, that in the past were being recognized in revenue

[2:07:56] on the periodic, periodic basis based on billings to the tenants.

[2:08:01] Now what the standard required is to estimate the total amount that will be collected over

[2:08:07] the term of the agreement, discounted to the present value and recorded as an asset on

[2:08:12] the financial statements. So as a result, if you compare current year balance sheet to

[2:08:18] prior year balance sheet before the restatement was made, the size of the balance sheet essentially

[2:08:24] doubled for that one specific line item on the financial statements. I didn't mention before

[2:08:30] the restatement and that specifically relates to the fact that in order for the financial statements

[2:08:35] to be comparative. The Board had to restate its originally presented results for fiscal

[2:08:40] year 2021 to reflect the implementation of that standard and as a significant disclosure

[2:08:46] is included in those financial statements to hopefully be helpful to the readers of the

[2:08:52] financial statements on all the changes that have been reflected.

[2:08:56] On the next slide, we have some communications that we are required to provide to you by the

[2:09:03] auditing standards which we follow in performing the independent audits and

[2:09:08] math will provide us. Thanks Olga. Next slide please.

[2:09:14] The first bullet point

[2:09:15] there is a quick reminder and the auditors responsibilities are

[2:09:19] responsibilities under the ACPA auditing standards. We've been engaged to form and

[2:09:26] express an opinion on the financial statements as prepared by management. We're

[2:09:30] also required to perform the audit in the court and with generally accepted

[2:09:34] auditing standards and government auditing standards because you undergo your annual single audit.

[2:09:41] The audit was performed in accordance with the plan scope and timing that were regionally communicated to the audit oversight committee.

[2:09:49] Significant accounting policies are summarized in note 1 in the financial statements.

[2:09:55] There are happy to report there are no disagreements with management or difficulties encountered during the call.

[2:10:02] There was no consultation with other independent auditors. We were required to communicate that

[2:10:07] in case we were identifying any kind of opinion shopping, and we're not aware of any during the course of our audit.

[2:10:15] And consideration of fraud and financial statement audit, we performed a number of procedures to look for fraud.

[2:10:21] The purpose of our audit is not to audit for fraud, but we do procedures to enhance the potential for us identifying any.

[2:10:29] We're happy to report there were no identified fraud during the course of our audit.

[2:10:34] Next slide, please.

[2:10:39] All right.

[2:10:39] We're required to disclose to you some of the more significant disclosures included

[2:10:45] in the financial statements.

[2:10:47] These are significant due to the size of the account, the nature of those accounts.

[2:10:53] You'll see there, note one includes the type, the nature of the organization.

[2:10:57] and note three talks about your capital assets,

[2:11:00] which Olga touched on.

[2:11:02] Note four talks about long-term debt.

[2:11:05] Note five talks about your defined benefit pension plan.

[2:11:09] Note nine leases and note 10 commitments and contingencies

[2:11:12] which are typically items not included in your balance sheet,

[2:11:16] but nonetheless our commitments or contingencies.

[2:11:19] As part of the audit, we look through your policies

[2:11:23] and we're happy to report that policies were applied

[2:11:26] consistently, the only new policy which Olga mentioned was the adoption of the gas

[2:11:31] B87 announcement and the policies that were put in place as a result of that.

[2:11:38] Next slide please.

[2:11:42] All right. As with most audits, there we potentially

[2:11:47] proposed adjustments throughout the engagement. There were no actual adjusting

[2:11:52] journal entries proposed and recorded by management during the courts of our

[2:11:57] audit. There are two entries which management did identify listed there and they were not

[2:12:03] recorded due to the immateriality of them, both relate to the GASB 87 adjustment. Next slide,

[2:12:10] please.

[2:12:15] And this, I won't go through all these, but this list, the new standards that will

[2:12:18] be adopted in the coming years, somehow greater effect than others depending on transactions

[2:12:25] questions and circumstances at the port.

[2:12:28] Next slide please.

[2:12:32] And I would like to highlight one item that Matt mentioned

[2:12:36] that I think is significant is that there were no audit

[2:12:40] adjustments as a result of our audit.

[2:12:42] So as independent auditors were required to audit financial

[2:12:46] statements that are representation of management

[2:12:50] and management does state that very seriously.

[2:12:53] So the numbers that we were presented were accurate.

[2:12:55] We didn't identify anything that needed a required

[2:12:58] in adjustment or change.

[2:13:00] Material change for that, so I just wanted to acknowledge

[2:13:05] the efforts of the port finance and management team and leadership.

[2:13:10] Once again, cooperating with us during audit,

[2:13:13] changing auditors is challenge.

[2:13:15] And we ask a lot of questions.

[2:13:17] And we go outside of the finance department.

[2:13:20] We talk to project managers, we talk to legal,

[2:13:22] we talk to environmentalists.

[2:13:23] so we really tried to cover a lot of ground

[2:13:25] and everybody was very helpful and responsive

[2:13:29] to our questions and helped us ensure

[2:13:31] that the audit progressed on time.

[2:13:34] That concludes our presentation.

[2:13:38] And Mark, nothing else?

[2:13:42] No, nothing else, Chairman.

[2:13:44] Okay, well I want to thank you.

[2:13:46] I want to thank our auditors.

[2:13:48] Certainly having an unmodified opinion

[2:13:50] and no changes is certainly welcome

[2:13:54] and it speaks to, as you have said, the excellent financial staff that we have here, Bob,

[2:14:00] thank you very much to you and your staff on another excellent job compiling our financials.

[2:14:07] It really is a, it's a hallmark of an excellent agency that can have this kind of result on an audit.

[2:14:14] Especially an agency as large and as complex as a port of San Diego.

[2:14:17] I would open the floor to any comments from or questions from my fellow commissioners.

[2:14:26] Okay. I did have one question. On the GASB 87 where we are now listing on our financials,

[2:14:37] the present value of future lease income. And I think I read somewhere that that was

[2:14:43] at the minimum, the minimum annual rent. So where tenants are paying above minimum annual

[2:14:49] rent, we're still just using minimum manual rent, which would tell me that that is an under estimation

[2:14:55] of the actual income that will come in.

[2:14:57] That is correct, does the undergrig-

[2:15:00] It requires to incorporate into that calculation of a receivable, only known payments which would be fixed payments. So anything that's above that, that's percentage of rent or any kind of variable that will be in addition to the built rents that are fixed and will be recognized in those periods. Is there a note in the statement that says that, you know, most of our income is percentage rent, you know, which in almost every case is above the minimum annual rent.

[2:15:28] So, I'm just wondering if there's a note in the financials on that.

[2:15:32] The note does mention that percentage rent is not included in the calculation of the receivable.

[2:15:38] Okay. And then finally, just a question, I believe, so you are discounting that future cash flow to present value.

[2:15:48] What discount rate are you using?

[2:15:50] So the standard requires to use the borrowers or the less seized incremental borrowing rate which for most entities that we audit that rate is not stated in the agreement.

[2:16:03] So for the calculation at the port, incremental borrowing rate was used.

[2:16:09] And what rate is that?

[2:16:11] I believe it was 3.5%.

[2:16:14] Okay, so,

[2:16:16] okay, and you would call that an industry standard more or less?

[2:16:21] More or less.

[2:16:22] It's fairly consistent with other similar entities that we have seen,

[2:16:26] although it does vary based on the borrowing rates that the entities are able to get

[2:16:32] and the type of debt that they issue.

[2:16:33] Okay, and then, so we have that new asset on the books, and it's been a long time.

[2:16:43] It's been 35 years since I've been in accounting class, but I believe we need to have a corresponding liability on the other side.

[2:16:51] What is the liability to lease-ink future lease income?

[2:16:57] Sure. So under government auditing standards, the other side of the entry is actually deferred in flow of resources, which is not exactly a liability, but acts like a liability.

[2:17:09] So it's a future resources that will be received over time.

[2:17:13] So it's stated on its own.

[2:17:16] It's inflow from future least receivable.

[2:17:20] And it will be amortized on straight line basis

[2:17:23] into revenue into future.

[2:17:25] OK.

[2:17:25] Well, thank you.

[2:17:27] And again, congratulations to our team.

[2:17:29] Mark, congratulations to your team.

[2:17:30] Really an outstanding result.

[2:17:33] Thank you for the time.

[2:17:36] OK.

[2:17:36] Here are another comments.

[2:17:38] We will move on to.

[2:17:40] That Chairman.

[2:17:41] Just to confirm that we have no public comment.

[2:17:44] Oh, thank you.

[2:17:44] Also, there's a resolution accepting the report.

[2:17:48] Oh, OK.

[2:17:51] OK, we've got a motion in a second.

[2:17:54] Let's have the vote, please.

[2:18:10] More vote.

[2:18:12] I'm missing some.

[2:18:13] Oh.

[2:18:15] Motion passes unanimously with Commissioner Costiana's excuse.

[2:18:18] OK, moving on to item 19, redevelopment of East Harbor Island.

[2:18:22] I

[2:18:59] think you can commence.

[2:19:01] Thank you.

[2:19:02] Good afternoon, Chair Malcolm, commissioners.

[2:19:04] My name is Tony Gordon, and I am the ports director of real estate.

[2:19:08] At the table for this item are James Hamill, and Adam Meyer,

[2:19:11] from the real estate department, Wineline Menowies,

[2:19:14] from the development services department, and Rebecca Harrington,

[2:19:17] from the office of the general council.

[2:19:20] Also participating in today's presentation are representatives

[2:19:23] from Topgolf, Callaway Brands Corp, including President and CEO,

[2:19:27] Chippewer, Matt Smith, Scott Wettling, and Tiffany Bush.

[2:19:33] Today, staff and top golf will be giving an overview of the proposed top golf project

[2:19:39] as well as an update on our approach to funding needed infrastructure and public realm improvements

[2:19:44] on East Harbor Island.

[2:19:46] Next slide, please.

[2:19:48] Staff seeks feedback from the board on the proposed project and recommends that the board

[2:19:53] Authorized staff to commence environmental review and accordance with the California Environmental Quality Act.

[2:20:02] This slide shows an aerial of the East Harbor Island redevelopment site. This site has long been occupied by multiple rental car operations and has been a focus of redevelopment efforts for many years. Situated across from the airport with spectacular views of downtown, the highest invest use is clearly not overflow parking for rental car operations and more commercial in nature. Early redevelopment efforts for East Harbor

[2:20:29] The Harbor Island recognized that a key to the successful redevelopment of the East Basin is a use that will draw people to the area.

[2:20:37] We believe that top golf is that type of use.

[2:20:40] Development of a major attraction like top golf on East Harbor Island will catalyze additional hospitality projects.

[2:20:47] Currently being entitled through the Port Master Plan update and bring thousands of people to the island supporting existing tenants and prospective tenants alike.

[2:20:55] Based on the board's direction in 2020, the Draft Poor Master Plan updates specifically

[2:21:01] contemplates commercial development such as Topgolf on East Harbor Island.

[2:21:06] Topgolf is a local company with a strong track record and the right partner for this project.

[2:21:12] Topgolf has been committed to this project since participating in the early redevelopment

[2:21:17] solicitation for the site and they are party to an exclusive negotiating agreement with

[2:21:22] the port because they recognize the site's tremendous potential.

[2:21:26] Now I will turn the presentation over to Chip Brewer, Topgolf Calloway Brands, Corps

[2:21:30] President and CEO.

[2:21:36] Good afternoon, Chairman, commissioners and exec officers of the port.

[2:21:41] Thank you for having us today.

[2:21:43] I'm Chip Brewer.

[2:21:44] I'm CEO of Topgolf Calloway Brands and it's a pleasure to be with you.

[2:21:49] Calloway Golf, now called Topgolf Calloway Brands, has a proud heritage as a San Diego

[2:21:56] company. It's our corporate headquarters in our home. And as you probably know, Southern California

[2:22:03] is effectively the Silicon Valley of golf equipment with most of the major equipment OEMs

[2:22:10] based here in the research operations in headquarters. Our company is a long-term leader in this space

[2:22:18] in a proud contributor to the community.

[2:22:21] We were founded in Carlsbad in 1982 by Ely Calaway, went public in 1992 with a market

[2:22:29] cap of about $250 million, and we now approach about $4 billion in revenues with just a little

[2:22:36] over $4 billion in market cap.

[2:22:39] We have 30,000 global employees and more than 700 local employees at our corporate headquarters.

[2:22:46] our proposed harbor island top golf would come close to doubling our local

[2:22:52] employee base. In addition to our economic impact as a company we have a

[2:22:58] proud tradition of giving back to our community. A few examples are as we're a

[2:23:03] founding partner of ProKids San Diego the first tea a nonprofit organization

[2:23:08] that helps underprivileged youth. We're also strong supporters of the

[2:23:12] military, and other local charities.

[2:23:16] And recently, Calaway was named the North County

[2:23:20] philanthropic councils, 2021 Corporate Award winner.

[2:23:25] Our company has been a long-term leader

[2:23:27] in the Gulf equipment space.

[2:23:30] And iconic products, such as the Big Bertha driver

[2:23:33] and epic drivers, were invented here.

[2:23:37] We're still this, but now we're a lot more as well.

[2:23:41] We've grown into an athletic apparel business as well, and the Southern California brand Travis Matthew is one of ours.

[2:23:51] And more recently, a leader in the golf entertainment market.

[2:23:57] For more than 10 years, we had a minority investment in top golf.

[2:24:01] In March of 2021, we merged with top golf effectively in acquisition.

[2:24:07] This business is now transforming our company and the sport of golf.

[2:24:13] It's a unique entertainment venue that appeals to everyone.

[2:24:17] A company that is diverse, young, energetic, and growing.

[2:24:22] Both golfers and most importantly, non-golfers love top golf.

[2:24:28] The customers and the team that operate the venue match the community where they exist.

[2:24:33] nearly one half are female. They're ethnically diverse, young, and old, but

[2:24:40] primarily young. Its locals on date night were celebrating family birthday

[2:24:47] parties, plus its numerous tours and corporate events. It's an organization with

[2:24:54] a great culture and associates that love their jobs and engaging guests but

[2:25:00] We also understand ethics and compliance. It's a consumer experience is very unique, and

[2:25:07] our venues are often the anchor tenant in new developments and a key part of impressive

[2:25:12] projects such as the Baltimore Harbor Project, the redevelopment of El Segundo's municipal

[2:25:18] golf course, and MGM's complex on the strip in Las Vegas.

[2:25:24] Top golf is such an important part

[2:25:26] part of our company in such an important factor in the future of golf that we recently

[2:25:31] changed their corporate name from Calloway Golf to Topgolf Calloway Brands. Topgolf will

[2:25:38] be the largest portion of our business very quickly, and looking at the US only, it will

[2:25:44] be larger than traditional golf in the next few years. We will have 86 venues opened globally

[2:25:51] by the end of this year, and we'll be opening 11 own venues as well as two to three franchise

[2:25:56] international venues each year for this foreseeable future. As mentioned, the venues are a key

[2:26:04] part of tourism and the development projects in north to south coast to coast in the U.S.,

[2:26:12] and internationally from Dubai to Bangkok to Australia. We have the expertise and the financial

[2:26:19] real strength to open and operate these successfully, and all the locations are important to us and their communities.

[2:26:27] However, this San Diego Harbor Island project would be an emotionally important one to us.

[2:26:33] This is our home.

[2:26:34] We love San Diego, and this would be a flagship for us, and we also believe it would add value to the city that we call home.

[2:26:42] Thank you for the ability to address you today in the consideration of this project, and I'd like to turn it over to my team to tell you more about the project.

[2:26:56] Thanks, Chip, and good afternoon to the Board President, Chairman, and to the Board Commissioners.

[2:27:01] For the record, I'm Matt Smith.

[2:27:03] I am the Senior Director of Real Estate on behalf of TopGolf.

[2:27:06] Thank you for the opportunity to be in front of you today.

[2:27:10] A key phrase that Chip stated earlier, I just want to tear off of, which is a unique,

[2:27:16] entertainment venue that appeals to everyone.

[2:27:20] Next slide.

[2:27:21] At Topgolf, we see that as one of our true statements behind us.

[2:27:28] As a leader in the entertainment retail space,

[2:27:31] we view ourselves at the intersection of the Game of Golf, along with social gatherings.

[2:27:37] We focus on bringing everyone together to have a great social experience by enjoying and learning and playing the Topgolf Games, which is centered around the Game of Golf.

[2:27:49] In the evolution of Topgolf, that's exactly how the idea was basically evolved.

[2:27:56] A couple of brothers that lived in the UK just really had a passion for the Game of Golf

[2:28:01] and really wanted to capitalize on new ways to engineer and basically develop a business around the Game of Golf.

[2:28:11] Over 20 years ago that idea became Topgolf.

[2:28:14] As the idea became on short over to the United States,

[2:28:22] we looked at basically capitalizing upon that idea

[2:28:26] and fostering what was becoming top-dolph.

[2:28:30] And today, as Chip mentioned, we've got over 85 venues

[2:28:34] and as of this Friday, we will open up our 86th venue

[2:28:38] across the United States and our 86th venue

[2:28:41] was actually going to be in Glasgow, Scotland.

[2:28:45] Since we are awarded the development rights in 2019 alone,

[2:28:49] when I was first before you, we've since

[2:28:52] doubled that venue count to arrive at that count today.

[2:28:56] But aside from the top-gall venues, we have additional businesses

[2:29:02] under the top-gall flag.

[2:29:04] Namely, just a couple of highlights,

[2:29:06] top tracer is basically the technology

[2:29:09] of ball tracking technology that you see on golf telecast and through the business of

[2:29:16] top golf we actually are able to license that and actually provide that not only in the

[2:29:20] venues as additional enjoyment of the game of top golf but we also license that out to local

[2:29:26] driving ranges and local golf courses. Swing suites we will talk a little bit and have some

[2:29:32] pictures to that effect but it's basically demonstrating a new spin on transforming simulator

[2:29:38] style golf. Next slide.

[2:29:45] As far as the top golf proposed project for Harbor Island,

[2:29:50] we see that just as a description of the venue itself, it is a large, our largest

[2:29:56] prototype of our venues that we build across the United States.

[2:30:00] State. It's a three-floor facility of about 70,000 square feet. It has a full service restaurant

[2:30:07] and bar. It has dynamic event space for corporate, nonprofit, and social gatherings. But outside

[2:30:15] of the venue itself, Topgolf will be working with Port Staff to make a contribution toward

[2:30:22] with the East Harbor Island infrastructure,

[2:30:25] as well as the iteration of demonstrating

[2:30:28] a collaborative community benefits commitment.

[2:30:32] Next slide.

[2:30:35] The local economic impact of a top golf project

[2:30:40] and I do emphasize the local aspect

[2:30:42] is that from the construction of the project,

[2:30:44] we look to employ about 325 jobs in the construction industry.

[2:30:49] A lot of those subcontractors and contractors

[2:30:52] will be locally based.

[2:30:53] to generate in the neighborhood of $17 to $20 million in labor income.

[2:30:59] Once they hand the keys over to the top golf operations team,

[2:31:03] we look to employ over 500 local associates,

[2:31:07] and that'll also generate significant labor income for the market.

[2:31:12] As far as visitation of a top golf,

[2:31:15] we're looking on our highest volume venues,

[2:31:18] we annually have over close to half a million visitors each year.

[2:31:24] next slide.

[2:31:29] I would next like to invite Scott Wetterling. He's our director of

[2:31:32] development and design to talk about a this proposed venue for Harburn.

[2:31:40] Thank

[2:31:41] you, Matt. Good afternoon everyone. As Matt said, I'm just got Wetterling Director of

[2:31:46] Real Estate Development. I just wanted to take a moment to show everyone the

[2:31:49] venue that we are proposing to bring to Harburn Island. At the time of our

[2:31:53] other large California market style venues such as Ontario and El Segundo

[2:31:58] were being finalized. Our internal design team wrapped up our design of our latest

[2:32:03] premiere market concept and turn away referred to as top-goff prime. Next slide,

[2:32:08] please.

[2:32:12] Here's a concept rendering of what we refer to the T line or we're

[2:32:16] looking the downtown San Diego skyline. The prime venue at Harbor Island will

[2:32:20] consist of three floors, each with 34 individual hitting bays per floor and

[2:32:26] and giving us a total of 102 hitting bays.

[2:32:29] Next slide, please.

[2:32:34] What we are showing here is a concept rendering

[2:32:35] of two hitting bays and the iconic views

[2:32:38] of downtown San Diego.

[2:32:40] Some are in a concept to Boeing lane

[2:32:42] that we all grew up top off allowed

[2:32:44] up to six players per bay.

[2:32:47] Our furniture layouts are set up here

[2:32:49] for two individual parties or groups,

[2:32:51] but they are dynamic and can be rearranged

[2:32:53] to accommodate larger groups.

[2:32:56] At top off, every one of our bays

[2:32:57] includes complimentary clubs for all of our players and there are no attire or shoe requirements.

[2:33:03] Talk while pride to self-improviding everything you need to enjoy the game,

[2:33:07] removing investment barriers for our guests. Next slide please.

[2:33:14] There are two other prime style

[2:33:16] venues that have just opened up this year. The following slide are actual photos from these venues

[2:33:22] in the Baltimore Harbor area and Renton, Washington. Next slide please.

[2:33:31] The main interior space

[2:33:33] is consistent seating area service by our full size

[2:33:35] commits commercial kitchen, common social game,

[2:33:38] and well-adored virtual swing simulators.

[2:33:40] Next slide, please.

[2:33:45] What you see here is our first and second-level stores.

[2:33:49] All three of our levels have guest-facing service bar

[2:33:52] and roll-up door that promote a mixture

[2:33:54] of indoor and outdoor spaces.

[2:33:56] Next slide, please.

[2:34:00] Our top-off prime venue are the only ones

[2:34:02] that come with three virtual hitting-based simulators,

[2:34:06] commonly referred to as swing suites. In addition to golf games, our scene layers run a variety of

[2:34:11] other entertaining games and sports such as virtual baseball and football games as well as a

[2:34:15] personal favorite of mine, zombie dodgeball. Next slide please.

[2:34:23] Our event spaces are located on the

[2:34:24] second and third levels. These spaces can be sectioned off to different sides depending on the side

[2:34:28] and the event types that our players need. Next slide please.

[2:34:37] The rooftop terraces are popular with

[2:34:38] players as a meet-up location for social

[2:34:40] outing for friends or meeting up with

[2:34:42] colleagues after work. Next slide please.

[2:34:48] Our second-level terrorist is just a

[2:34:49] smaller extension of our outdoor terrorist

[2:34:51] spaces and meet-up that allow you to meet

[2:34:54] up with friends and family. Next slide please.

[2:34:59] The lower level

[2:35:00] The outdoor patio come with a variety of yard-style games such as Cornhole or Connect4. Our outdoor patio and second and third-level terraces are all set up to promote an integrated social environment. There are currently no coverage charge of your feed of any kind for our players to enjoy these spaces.

[2:35:15] I'm sorry, if

[2:35:19] I please.

[2:35:22] As to wrap it up, just one quick illustration of basically superimposing that prototype that

[2:35:28] Scott just discussed on the eastern end of the East Harbor Island project.

[2:35:34] And just in general to recognize that the public access space would be an iterative process

[2:35:40] with port staff to make sure that the connections to say like the Spanish trail as well as

[2:35:47] this liberator way would be maintained so that all means of pedestrian access, bike access,

[2:35:54] vehicular access is maintained.

[2:35:58] The next slide will be essentially the request to play a video, which essentially embodies

[2:36:04] the description of the business of Topgolf, the prototype of the building that we just discussed,

[2:36:09] and also to understand how Topgolf operates the business as well as operates in the community.

[2:36:15] please please play the video this is not a ball it's an opportunity for 100

[2:36:23] million fans across the globe because when you take a swing with top golf you

[2:36:28] don't just make contact make a connection wherever this ball lands it makes the

[2:36:35] world a little smaller and brings us all closer together top golf shops top

[2:36:42] golf rocks and top golf changes the game no really we literally changed the game see inside top

[2:36:50] golf is magic well technically it's a lot of technology but it does this and this and this

[2:37:01] you're all getting a $500 top golf it's really a lot of fun you see top golf changes

[2:37:10] lives. It breaks down barriers and builds up communities.

[2:37:19] Even though Topgolf

[2:37:20] does all these things, we really only do one thing. Topgolf turns moments into

[2:37:26] meaningful connections. So when people ask what's inside a Topgolf ball, we say

[2:37:32] this isn't a ball, it's an opportunity to make a connection.

[2:37:47] All right, thank you

[2:37:48] for that opportunity. Next slide and I would like to introduce our director of

[2:37:52] charitable and community initiatives, Tiffany Brush.

[2:37:57] Thank you, Matt.

[2:37:58] Hello, commissioners.

[2:37:59] It is an absolute pleasure to be with you today.

[2:38:01] Thank you for the opportunity to address you.

[2:38:03] We, at Topgolf, are, of course, really, really proud of what happens once a venue joins

[2:38:09] the community, like seeing Diego.

[2:38:11] Next slide.

[2:38:12] We partnered with the community in a number of ways, first with our youth play at Forward

[2:38:18] Program.

[2:38:18] The youth play forward program exists to invite all charities that support youth, empowerment, leadership, and mentorship, as well as high school golf teams that can come in Monday through Thursday, open until close, completely complimentary.

[2:38:33] So groups like that might come to mind that would take advantage of this would be boys and girls club and some other traditional groups, but here in San Diego, there are local nonprofits like the urban street angels that we would love to have out for some enrichment experiences and for some unique experiences.

[2:38:48] is they might not be exposed to otherwise.

[2:38:50] Next slide.

[2:38:52] We also passionately support the American heroes

[2:38:56] that protect our country, that protect our neighborhoods,

[2:38:59] our homes and our families, through a military discount

[2:39:03] for active duty, military, and veterans,

[2:39:06] like Matt Smith, who has served in the US Army for 11 years.

[2:39:10] So thank him for his service.

[2:39:12] And as well as healthcare workers, teachers,

[2:39:15] First responders get 20% off of all of our memberships, and we invite them on our other community initiatives as well through Fultz of Honor and Bunkers and Baghdad.

[2:39:27] Next slide.

[2:39:28] We have national partners, longstanding national partners, including Make a Wish, which we have to date raise over $3 million granting wishes for individuals and bringing joy to their families as well as Bunkers and Baghdad Fultz of Honor and various urban league chapters.

[2:39:43] This year, we invited and welcomed two new nonprofit organizations to our family.

[2:39:49] The first is Special Olympics, which exists to create athletic opportunities for individuals

[2:39:55] with developmental and disabilities and

[2:40:00] So we are proud to share that every single one of the top golf venues will have a Special Olympic Athlete team.

[2:40:07] So the San Diego top golf Special Olympic team that will go on to compete in the USA games and then hopefully the international games as well.

[2:40:16] We also, just this morning, announced an expansion of the support of Calaway, of the first T as trustee supporters across all top golf venues in the U.S.

[2:40:28] and what we're expanding programs there.

[2:40:31] A lot of our, for Leant to be in a lot of our charitable work happens in our local community,

[2:40:35] so if you'll go on to the next slide, there's some examples of what we do in the community

[2:40:42] are that each of our venues has a budget to support a local community, but we create a culture

[2:40:48] of volunteerism.

[2:40:49] So all 500 of those employees that will bring on to the harbor venue will be rallied around

[2:40:57] giving back to their communities, whether they are providing resources to local food banks,

[2:41:03] parks, cleanup, cheering you on at your next fun run. Our teams really enjoy getting together

[2:41:10] and we support a culture of volunteerism for every single one of our employees.

[2:41:15] We also use that budget locally if you'll go into the next slide in a lot of different ways.

[2:41:20] So if we had time and you ever want to dive into all of the different ways that we support our

[2:41:25] local communities across our 86 venues.

[2:41:28] There's a lot of examples, but I want to share a couple.

[2:41:31] Today with you, we'll go with the top one, Latin Golfers Association is a group that

[2:41:39] we partner with out of Los Angeles.

[2:41:41] They provide our venues so they can have clinics for Latino women and girls to learn the game

[2:41:47] of golf.

[2:41:48] We're helping them expand into new markets, Texas being the very next one.

[2:41:51] As you can see on the list, San Francisco Pride, Black Fathers Foundation, the Trevor Project.

[2:41:58] And then Harmony Schools is a school system in Dallas that provides elevated education resources to individuals and

[2:42:06] families that fall below the poverty line.

[2:42:09] We found out that these individuals had never had a field trip.

[2:42:12] So they've never had an enriching experience to go to the zoo or to go to the ballpark.

[2:42:19] and we funded their very first field trip, celebrating their academic accomplishments and had them out for a field trip in which we will continue to do and hope to do in San Diego as well.

[2:42:33] We just want to thank you again for having us today. It has been an absolute pleasure, commissioners, and thank you for considering us.

[2:42:39] I

[2:42:49] can move on to the next slide, please.

[2:42:54] For some quick background on the process that has led to today's item,

[2:42:58] at the July 12, 2022 board meeting,

[2:43:01] SAP presented a proposed development configuration of East Harbor Island,

[2:43:04] provided an update on the analysis of various funding options for the necessary public infrastructure.

[2:43:10] Staff received direction from the board to move forward with the proposed development configuration

[2:43:15] to continue analyzing potential funding options for the public infrastructure

[2:43:19] and to return to the Board for Preliminary Project Review and authorization to

[2:43:23] Commence Environmental Review once Topgolf provided the Samelles pursuant to the

[2:43:27] exclusive Negotiate Agreement. Next slide please.

[2:43:36] Since the July Board meeting

[2:43:37] staff selected RSG and their sub-consolent web associates as the consultant for

[2:43:42] determining a developer fair share fee program for the public infrastructure and

[2:43:47] potentially assisting in developing a community facilities district or

[2:43:51] or program if necessary.

[2:43:53] RSG and web associates have extensive experience

[2:43:56] in developing master plans, cost estimates,

[2:43:59] and financing plans such as community facilities districts

[2:44:02] and developer impact fees.

[2:44:05] RSG and web are currently in the process of working

[2:44:07] on phase one of their analysis, which is developing a fair share

[2:44:11] of fee study for the future developments at East Harbor Island

[2:44:13] to participate in necessary public infrastructure

[2:44:16] and public realm costs.

[2:44:18] Once the study is complete, staff will return to the board to discuss the results and seek for the direction.

[2:44:24] Depending on the results of the study and the future board direction, staff may move on to phase two,

[2:44:30] which would be developing a phase development plan, and potentially a community facilities district,

[2:44:35] or similar funding mechanism if needed.

[2:44:38] Next slide, please.

[2:44:43] So for reference, this is the conceptual development configuration that was presented to the board at the July board meeting.

[2:44:49] Due to the discovery of a fault line at East Harbor Island, the configuration has top

[2:44:54] golf facilities shifted to the eastern portion of East Harbor Island along the Liberator

[2:44:59] Way.

[2:45:00] Additional development parcels are shown, west of top golf, and on the other side of Liberator

[2:45:04] Way is proposed park and promenade space. Top golf has since provided staff with the remaining

[2:45:11] semiddles pursuant to their exclusive negotiating agreement, which includes their draft project

[2:45:15] description for the proposed top golf facility and the community benefits package detailing

[2:45:20] the different community benefits the project will provide, which top golf has presented today.

[2:45:26] Next slide please.

[2:45:30] As for the next steps for top golf and the remainder of East Harbor Island, if the board

[2:45:34] authorizes the staff to commence environmental review on the top golf facility, the first

[2:45:38] step will be starting the secret process for top golf.

[2:45:42] Then next year, the PMQ EIR certification is expected to go to the board and then staff

[2:45:48] plans to engage a consultant to help with the preparation of an RFP for the remaining

[2:45:52] development parcels at East Harbor Island.

[2:45:55] The PMPU would then need to be certified by the California Colso Commission, which then

[2:46:00] would be followed by the SQL document and non-appealable CDP for top golf to go the

[2:46:04] board for certification.

[2:46:07] Next slide please.

[2:46:11] Staff would like to note that the board's receipt of the preliminary project review today

[2:46:15] and an authorization to commence environmental review is the start of the entitlement process

[2:46:19] for the project is not an approval of the project.

[2:46:23] After the entitlement process.

[2:46:25] After the secret document is completed, staff will return to the board for its consideration

[2:46:30] of whether to certify the secret document and only after such certification may the

[2:46:35] board approve the project.

[2:46:37] Staffs to recommend today, recommendation today is for the board to adopt a resolution authorizing

[2:46:42] staff to commence environmental review and accordance with the California Environmental

[2:46:45] Quality Act for the development of the Topgull Facility at East Harbor Island.

[2:46:50] That concludes our presentation, staff and representatives from Topgull would be available

[2:46:54] for questions.

[2:46:54] Thank you very much. Thank you very much. Thank you for that staff report. Thank you to Topgolf for your comprehensive presentation.

[2:47:02] If there are any initial comments or questions, you can make them now. Otherwise, we do have public speakers. So if there's no questions.

[2:47:13] Okay. Okay. So we'll do the public speakers first and then we have a number of I believe recorded calls as well.

[2:47:19] Yes, thank you.

[2:47:22] We have one person who requested to speak live, but I do not see her online.

[2:47:28] So I'm going to call Danielle Hadari if you'd like to speak please do, hop online or call

[2:47:35] in and we'll get you speaking.

[2:47:38] Now I'll take the in-person speakers, Sharon Cloudard had to step away but wanted to make

[2:47:44] note that she put her speaker slip in in favor.

[2:47:47] the next is Francisco Peña, followed by Christopher Holland.

[2:48:08] Good afternoon commissioners, my name is Francisco Peña, and I work for the Southwest

[2:48:13] Mountain States Regional Council of Carpenters here in San Diego, representing over 65 Carpenters

[2:48:18] here in San Diego County, and we are in favor of this project, Topgolf Harbor Island.

[2:48:24] This will create over 250 construction jobs generating over $15 million for local Carpenters

[2:48:31] and apprentices. Plus this will create many new opportunities for apprentices with then not just

[2:48:38] carpentry trade but every construction trade which will be building the future of our beautiful

[2:48:44] city here in San Diego. So I moved to a past this project. Thank you.

[2:48:51] Thank you. I have Christopher Allen followed by Javier

[2:48:54] Thank you so much for your

[2:48:56] Synfiso. My apologies on the

[2:48:59] pronunciation.

[2:49:01] Good afternoon.

[2:49:02] Name's Chris Allen.

[2:49:02] With the Southwest,

[2:49:03] Mountain State,

[2:49:04] three new council carpenters.

[2:49:05] Let's cut this down to meet

[2:49:07] and potatoes.

[2:49:08] I heard jobs that people get to

[2:49:10] make a living wage.

[2:49:12] Be able to put food on the table

[2:49:13] and keep a roof over their head.

[2:49:15] I heard people coming in to this

[2:49:17] city over 500,000 people per year and I heard revenue for the city of San Diego.

[2:49:24] I urge you to pass this. It's a great project. It creates community wealth. Thank you.

[2:49:30] Thank you. We have Javier Centizo, followed by Jesse Garcia.

[2:49:44] Good afternoon. My name is Jesse Garcia. I'm with the Southwest Carpenter.

[2:49:49] representing over 65,000 correction Frank 65,000 men and women here in the

[2:49:55] county of San Diego. First of all, I'd like to thank Chip and the top golf team for

[2:50:00] So, the other commitment to the community, to labor by selecting a responsible local contractor

[2:50:05] here in San Diego was an outstanding representation of what they built here. So,

[2:50:17] Southwest Carpenters

[2:50:19] encourage your support of the top of Harbor Island Project, which would create over 500

[2:50:24] direct and indirect permanent jobs that will result in a total annual economic output of

[2:50:31] over 50 million dollars and to add that top golf will provide a premier destination

[2:50:36] for corporate, charity, group entertainment, and the community as a whole.

[2:50:40] You guys seen that video?

[2:50:42] If you have not been in a top golf, it's amazing.

[2:50:45] It's such an amazing experience.

[2:50:47] Even if you're not even a golfer, you'll have such a great time.

[2:50:51] We are extremely supportive of today's action and urge your consideration to move forward.

[2:50:55] Thank you.

[2:50:56] Thank you.

[2:50:57] now we have Paul Krueger followed by 18 voicemails you

[2:51:06] know I drove down there

[2:51:07] today and when I saw this spot and I thought how important it is to have a

[2:51:12] park I wanted to come and tell you that and listening to this presentation

[2:51:17] today has made me even more adamant that this is not the right project for this

[2:51:22] area you know there was a comment made about the parking lots that the

[2:51:30] highest and best use is clearly not a parking lot, it is clearly not a driving range.

[2:51:39] Throughout the city of San Diego we're building more and more apartments and we have no infrastructure.

[2:51:45] We are not building new parks, we are not building new playgrounds.

[2:51:49] This area is the perfect area to expand parks and recreation for San Diego.

[2:51:56] against. There couldn't be a worse location in my estimation for a driving range than

[2:52:06] Harbor Island. Mira Mesa, Cerento Valley, Kerney Mesa are all excellent locations. I

[2:52:14] think they'd be great there. This is the people's land. This is the people's port.

[2:52:25] This is

[2:52:26] some ways, but what we lack really are passive places for people to sit and play.

[2:52:32] You have a bike path that goes right all the way past there.

[2:52:36] It's a perfect location.

[2:52:37] And with one exception, there's not really a place other than to stop and sit on a bench.

[2:52:44] In my last couple of sends, I just like to make sure that you please take into account the

[2:52:52] the importance of the proper use of port district Thailand's when you consider what you're

[2:52:58] going to do with this property. Thank you so much.

[2:53:03] Thank you. And now we will play the voicemails. And just to note, I still have not seen Miss

[2:53:14] Hadari return online to speak.

[2:53:22] I am calling in regards to Ida 19 on the agenda for the December 13 meeting. My name is Adam

[2:53:29] and Colton, or San Diego resident, and CEO of Highlead Inc.,

[2:53:33] a fitness apparel company headquartered here in town.

[2:53:36] On behalf of myself and the entire Highlead team,

[2:53:40] we encourage your support of top golf harbor island,

[2:53:43] which would attract thousands of new visitors

[2:53:46] to our city and generate new economic benefits

[2:53:49] to our poor community, provide an affordable,

[2:53:53] tech-driven, entertainment experience

[2:53:54] that appeals to a wide audience

[2:53:56] and for the significant number of draft and indirect jobs. Top Golf is committed to all San Diego communities in the form of community partnerships and by providing an amazing platform that enables more of our youth to experience all that the port has to offer.

[2:54:11] We are extremely supportive of today's action and urge your consideration. Thank you so much.

[2:54:17] Hello.

[2:54:21] This is Allison Eragon, Director of Development at ProKids RST San Diego, calling on behalf

[2:54:27] of item number 19.

[2:54:30] I am calling because ProKids and top balls have very aligned missions, which is to grow

[2:54:37] the game and make it accessible for all.

[2:54:40] We do this in different ways.

[2:54:41] ProKids for RST San Diego are mission is to challenge underserved use to excel in life by promoting

[2:54:47] in character development, life skills and values

[2:54:50] through the game of golf, but we do have that shared vision

[2:54:56] that anyone should be able to access.

[2:55:00] The game. And there are many ways that we're looking forward to partnering together. One is a big one, being

[2:55:08] pro-cissist members, being able to experience gameplay, which is very important for keeping kids engaged and excited about the game,

[2:55:16] and have the top golf experience during non-peak time. And then having our name there at the site would be huge for us

[2:55:26] just so that anyone who is having the health growth experience can learn that

[2:55:33] health growth is bigger than just the place that is a brand that believes in

[2:55:39] giving back to the games and the future of it. It also helps support in our

[2:55:44] fundraising efforts for our two sites in city heights and ocean sites by allowing

[2:55:50] us to host events with funds that would directly support the kids and programs

[2:55:55] that we have here, including an after-school learning center, a scholarship program, a college

[2:56:01] and career, a past program, and a golf and life skills program.

[2:56:05] Thank you very much, Popslaw, if you're awesome, and thank you everyone for letting us

[2:56:12] call in and for hearing from us.

[2:56:15] Golf can really change your life, and the kids here are a testament to that, so thanks a lot.

[2:56:23] Number 19, I'm Bill Walton, chairman of San Diego Sport Innovators, SDSI.

[2:56:29] We're a business development organization in San Diego focused on the sport, active

[2:56:34] and healthy living industry.

[2:56:36] We help create jobs, companies and business.

[2:56:38] I'm sad and sorry that I can't attend in person, so I'm here virtually to express my support

[2:56:43] for top golf's Harvard Island proposal.

[2:56:47] I trust that the board has done its homework and knows what an amazing experience top golf

[2:56:52] provides to all of its consumers.

[2:56:54] The success and effect they've had in Las Vegas

[2:56:56] is what we can expect here with projected visitors

[2:57:00] in excess of 500,000 people annually.

[2:57:04] Certainly this fits nicely into our joint efforts

[2:57:06] to remain a top tourism destination

[2:57:09] and represents yet another great opportunity

[2:57:12] to experience while visiting San Diego.

[2:57:15] I'm equally enthusiastic about top golf commitment

[2:57:18] to all San Diego communities

[2:57:20] in the form of partnerships and providing an affordable tech-driven and all-inclusive platform

[2:57:26] that enables more of our youth to experience all that are important waterfront have to offer.

[2:57:33] The sport-active and healthy living industry here in San Diego drives over $5 billion in direct

[2:57:40] economic impact. TopGolf is a major global enterprise with 20 million annual users at 81 facilities.

[2:57:48] Topgolf will be a terrific addition to our San Diego community and create over 250 construction

[2:57:55] jobs generating more than $15 million in annual wages and more than 500 direct and indirect

[2:58:02] permanent jobs that will result in a total annual economic output of over $50 million.

[2:58:09] In conclusion, this is an excellent use of the Harbor Island site and a positive decision

[2:58:14] by the ports will be welcomed by all San Diegans in universally acknowledged as a proposal

[2:58:20] that is good for all of us. Thank you and I look forward to seeing all of you at the newest

[2:58:25] top golf location at our Harbor Island.

[2:58:34] Hello there. My name is Bob Reef. I'm calling in support

[2:58:37] as a top golf other island proposal. I could not find the ID number anywhere so I helped

[2:58:43] of my feedback reaches you.

[2:58:45] As I said, I am in support.

[2:58:47] My name is Paul Briefe.

[2:58:48] I'm the Executive Editor of San Diego Sports Innovators.

[2:58:55] It's the SI business development organization that's focused

[2:58:59] on the sport and active lifestyle industry here in San Diego.

[2:59:03] We have an economic impact of a little over five billion dollars

[2:59:06] a year and we represent 42,000 employees

[2:59:11] in this healthy living space.

[2:59:12] I'd just like to say that I think this is an excellent utilization of the space.

[2:59:17] It's obviously a tourist attraction.

[2:59:18] It should bring in half a million visitors, fantastic.

[2:59:22] It also provide a lot of jobs, 500 jobs, approximately, an economic impact over a $15 million

[2:59:28] plus.

[2:59:29] But my support really is around the community aspects of what the proposal does.

[2:59:34] Christine Topgolf and Ross Vegas, it's really amazing.

[2:59:37] It's affordable.

[2:59:38] It's tech-based.

[2:59:39] It's all inclusive.

[2:59:40] And it's really fun.

[2:59:41] So I think there's been excellent years in public lands and I hope that the

[2:59:44] Port Commissioner stay clear to grant the proposal. Thank you for listening.

[2:59:53] Hi, good morning. My name is Brian Pollard. I run a non-profit in

[2:59:58] So I'll teach you in the end of the year.

[3:00:00] Local call, the urban collaborative project, and I'm speaking regarding item 19.

[3:00:06] Thank you, the chair and commissioners for allowing me to provide some input. Into the top golf. Effort is currently being considered. We want to thank top golf for engaging with us to explore how we can expand access to the game of golf and enhance the coastal access for our youth and families in this underserved community. Some of whom.

[3:00:31] with never seen outside of the working waterfront.

[3:00:35] Topgolf's commitment to working with regional organizations throughout San Diego will make

[3:00:40] sure that all of San Diego's have better access to quality family entertainment and opportunity

[3:00:47] to experience the sport and the opportunities for coastal recreation.

[3:00:52] We strongly encourage you to support item 19 for all of San Diego and for us especially

[3:00:59] and be underserved communities.

[3:01:04] Thank you very much for the opportunity to chime in.

[3:01:07] And again, I want to stress our support

[3:01:09] for the top-off effort.

[3:01:12] We can't wait until it gets open.

[3:01:16] Thanks so much and happy holidays.

[3:01:20] Thank you.

[3:01:24] Item number 19.

[3:01:27] Hello, my name is Gloria Sanchez.

[3:01:29] I'm a resident of San Diego, born and raised.

[3:01:32] Pro kids, first T. of San Diego encourages your support of top golf harbor island which

[3:01:39] would expand the port's recreational offerings and provide a premier destination for corporate

[3:01:45] charity and group entertainment.

[3:01:48] Top golf is committed to all San Diego communities in the form of community partnerships and by providing

[3:01:53] an affordable tech-driven and all-inclusive platform that enables more of our youth to experience

[3:01:59] all that the port has to offer.

[3:02:01] My daughter, Ava, has been a pro-kid member for two years.

[3:02:05] Topgolf Harbor Island would help continue to provide use more golf opportunities in San

[3:02:10] Diego, especially the underrepresented, and the possibility for topgolf to market and

[3:02:17] financially support pro-kids in the future.

[3:02:22] We are extremely supportive of today's action and urge your consideration.

[3:02:26] Thank you.

[3:02:27] Again, this is for item 19.

[3:02:29] My

[3:02:34] name is John Sarkeesian. I'm the industry chairman of San Diego sport innovators. I'm calling to support the top golf facility at Harbor Island.

[3:02:44] Top golf aligns and supports with the sports and active lifestyle of San Diego and San Diego golf industry.

[3:02:51] Top golf successfully integrates technology, social interaction, entertainment, and being physically active for our community and visitors to San Diego.

[3:03:02] It is the right use in the right location.

[3:03:05] Thank you.

[3:03:09] Good afternoon, Board Commissioners.

[3:03:11] My name is Josh Klein, Vice President of Policy with the Downtown Senegal Partnership,

[3:03:15] calling in support of a agenda item number 19, but over 400 members from around the region,

[3:03:21] the Downtown Senegal Partnership focuses our advocacy efforts within the urban core on

[3:03:26] projects and issues that promote the economic development and cultural vitality of downtown

[3:03:30] San Diego.

[3:03:31] go. Encourage your support of Topgolf Harbor Island, a transformative and interactive project

[3:03:37] to activate our Bayfront in ways that will enhance public access and bring much needed

[3:03:41] revenue to San Diego and our working waterfront. With a project total annual economic output

[3:03:47] of over $500 million, this project will provide a premier destination for corporate charity

[3:03:53] and group entertainment. We are extremely supportive of today's action and we encourage your support

[3:03:58] today. Thank you very much.

[3:04:03] Hello, my name is Julie Dillon. I am calling in support of item number 19 on your agenda today. It's number 2022-0361. It's the top golf facility on Harbor Island.

[3:04:19] I would ask for your support of this project. It will help San Diego create jobs.

[3:04:28] and also more visitors.

[3:04:31] But most dear to my heart is that I serve on the Pro Kids

[3:04:35] First-T Board of Directors.

[3:04:37] And this would be a wonderful opportunity for our students

[3:04:41] to be able to go play golf down on the waterfront.

[3:04:45] It would be a wonderful advantage for them

[3:04:49] and we hope that you will support it.

[3:04:51] Thank you.

[3:04:52] There's

[3:04:56] a comment from Kathy O'Leary-Kerry and John Keeer.

[3:05:10] We urge you to immediately terminate the redevelopment plan of a portion of east harbor island by the top

[3:05:24] This is the taking of our tide lands for a select group when our tide lands are

[3:05:30] meant to be for the benefit of the public. Please manage our public trust

[3:05:35] lands for the benefit use and enjoyment of the public. Thank you for the

[3:05:41] opportunity to comment.

[3:05:48] Hi my name is Cam Stevens. I'm the owner of San Diego

[3:05:51] golf reservations here in San Diego. I'm calling to encourage support for item 19 Topgolf

[3:05:58] Harbor Island. I'm a huge fan of golf. Topgolf visited many of their different locations throughout

[3:06:07] the United States. It's been a huge boost for golf and getting beginners involved in it. I have not

[3:06:16] talk to one person that didn't love it. As well as I know a lot of people who work

[3:06:22] there and love working for Topgolf also. My I guess the main point for you is

[3:06:31] is San Diego is such a wonderful city. We've got the beaches, we've got the zoo,

[3:06:37] Lago land, SeaWorld, the gas lamp, all these different great locations and one of

[3:06:43] things that goes on looked a lot of the times as the amount of great golf we have in San

[3:06:49] Diego with Torrey Pines, Naviara, LaCosta, Madera, all these great golf courses and then

[3:06:57] you throw in the fact that all the golf manufacturers are here in Calaway and Taylor made and it's

[3:07:06] really a golf mecha that goes unlooked by a lot of people and bringing top golf to

[3:07:15] San Diego. I think it might be the first one in California, first or second, would really

[3:07:23] continue to add and build that.

[3:07:28] Build the name of golf in San Diego. We're so thankful

[3:07:32] to have had the US Open at Torrey Pines and having top golf, especially right there by

[3:07:37] the airport and everybody driving in and seeing it will just remind people what a great town.

[3:07:43] San Diego is for all all the reasons I mentioned before so anyways definitely encourage you

[3:07:50] to support the top golf project. Thank you.

[3:07:59] I hope that I'm a few board numbers on gender

[3:08:03] number 0361. Good afternoon board commissioners my name is boy that I'm a few and I serve as a city center

[3:08:08] business improvement district manager. The city center big consists of 54 blockers with 900

[3:08:13] businesses in the core of the downtown San Diego area. We're excited for the development of

[3:08:17] a top golf in our region. Not only will this entice local smaller on the county and terms alike,

[3:08:21] but this project was also a great diversify our downtown region in the recreational sector.

[3:08:27] I try to keep people of all ages and families to downtown San Diego. Having a golf will create

[3:08:32] ways of economic benefits throughout the downtown region, boosting our tourism economy and bringing

[3:08:37] the new regular crowds. We're extremely supportive to the election and urge your consideration.

[3:08:42] Thank you.

[3:08:49] Hello, this is Michael Brower calling. I'm the Chief Financial Officer.

[3:08:53] Received a Sineva Medical here in San Diego. And I'm a long time Dan Diego native,

[3:08:59] born and raised in Chulvista. I've been involved in consumer products business my entire career.

[3:09:05] I was very pleased to have built a number one putter company in South Dakota,

[3:09:09] Callaway Golf about a decade ago.

[3:09:12] I'm calling regarding item 19, the top golf project,

[3:09:17] and calling in favor of having the Port Commission

[3:09:23] approve the access to be able to put a top golf

[3:09:28] in the Harbor Island.

[3:09:30] We think it will bring our community

[3:09:32] not only a nice tax economic benefit,

[3:09:36] but it'll provide great recreational fun support and and and the ability to for everyone to

[3:09:45] develop social skills and learn a great sport called golf. Again, I'm here to the

[3:09:54] report, item 19, the top golf approval for Harbor Island.

[3:10:00] And I'm happy to respond to any additional questions the committee might have, my cell number is seven, six zero, eight, eight, nine, three, six, one, nine. Thank you for all you do for our community. Thank you.

[3:10:16] This is for item 19 regarding top golf. Hi, my name is Mitch Doubt Director of golf here at Pro Kids First East San Diego. Just wanted to speak on behalf of the organization and the possibilities of getting this top golf approved here in San Diego.

[3:10:32] ago. I currently run with my team a golf and life skills foundation serving

[3:10:39] underserved youth and teaching golf and life skills and truly believe that

[3:10:44] bringing this top golf to San Diego would enhance the possibilities of getting

[3:10:49] our kids out for different opportunities whether it be through the youth play

[3:10:54] at forward program offered by top golf giving access to this facility and I

[3:11:00] I believe free, which is amazing Monday through Thursday,

[3:11:04] as well as supporting our program with fundraising ideas,

[3:11:08] marketing opportunities, using the large TVs in the program,

[3:11:12] as well as the continued support that Calloway brings

[3:11:16] to all the first-tea organizations across the country

[3:11:20] and specifically to ours here in San Diego.

[3:11:23] Just advocating for this and I hope this is heard today

[3:11:27] And best of luck getting this approved, we are in big support here and think it would be great for our community.

[3:11:34] Once again, have a great day.

[3:11:36] And this is regarding item 19. Thank you.

[3:11:42] Good afternoon. My name is Patrick.

[3:11:44] I'm a resident of San Diego. I'm calling with regards to item 19 top golf.

[3:11:52] So I wholly endorse this idea of putting the top golf in in the harbor island area.

[3:11:59] I think we need a draw in that area to attract tourism and some revenue.

[3:12:09] I would imagine this could also go into require some hiring so we get some jobs out of it too.

[3:12:17] So I'm all in favor of it.

[3:12:21] Appreciate your time.

[3:12:23] Hope you folks vote appropriately.

[3:12:27] Thank you.

[3:12:27] Bye-bye.

[3:12:27] Hi,

[3:12:31] my name is Rip Ripito and I'm calling on item, agenda item 19 for today's meeting.

[3:12:40] We are always excited to hear and to be able to support any activity on the Bayfront

[3:12:49] that will enhance not only public access, but create opportunities for tourists and locals

[3:12:57] I would like to be able to enjoy the Bayfront and to be able to create benefits for our

[3:13:05] community and especially on the Bayfront.

[3:13:08] So as we all continue to look at opportunities, I encourage you to evaluate this item and

[3:13:16] to weigh the needs of our community as well as the benefits that this may provide.

[3:13:21] And we want to continue to support all of our community partnerships and find ways of creating platforms that enable people here locally in our visitors to be able to experience our destination at a high level.

[3:13:38] Thank you very much. Have a great day.

[3:13:40] Good

[3:13:44] afternoon. I'm Sean Clancy, the general manager at the Sheraton San Diego, and I'm calling

[3:13:52] regarding item 19 on the port agenda related to top golf. I want to call on behalf of the Sheraton

[3:14:00] San Diego team and let you know we are extremely supportive of top golf. We're really excited about

[3:14:08] how top golf will activate the East Basin and provide harbor island with a vibrant new programming

[3:14:15] opportunity. We really think it's going to activate the Bay Front in a very exciting way

[3:14:23] and it'll be a premier entertainment activity for groups, leisure guests and locals,

[3:14:30] always public access. It's really well timed with our renovation and transformation of the Sheraton

[3:14:37] San Diego as we continue to improve the guest rooms, meeting space, public spaces and food and

[3:14:46] beverage outlets. This is going to be a vital transformation of Harbor Island and one that we're

[3:14:51] very excited about. It will bring over 500,000 new guests and visitors to Harbor Island, which is

[3:15:01] So we're very excited about the opportunity to welcome top golf to Harbor Island in very supportive of the opportunity for them to join us. Thanks so much for your support and have a great day. Thank you.

[3:15:21] Good afternoon. I'm calling about item 19, Top Golf Harbor Island. My name is Stephanie Benvenito. I'm the Vice President of Public Affairs at the San Diego Regional Chamber of Commerce, representing 2500

[3:15:32] number of businesses and approximately 300,000 jobs

[3:15:35] region-wide were very supportive of top golf harbor island and

[3:15:38] very excited to see it before the court commission today.

[3:15:42] We believe that this is going to bring much needed revenue to

[3:15:45] San Diego and to our working waterfront by elevating an incredibly

[3:15:49] exciting new opportunity for affordable tech-driven

[3:15:52] entertainment.

[3:15:54] We are very, like I said, very excited to come forward and

[3:15:58] urge your support today.

[3:15:59] Thank you very much.

[3:16:03] Thank you. That concludes public comment.

[3:16:06] Thank you very much and thank you for members of the public for commenting.

[3:16:10] We are now on to Commissioner comments and I recognize Commissioner Ann Moore.

[3:16:17] Thank you. First of all, I have to say I think this is a great project, but I did have a couple questions.

[3:16:25] First of all, can you address the questions or the comment made about having parks?

[3:16:32] Can you maybe show the plan and show how the plan overall fits and where there's a park so?

[3:16:51] James Hamilton for the record should be slide 30 conceptual development configuration.

[3:17:02] There we go.

[3:17:05] So can you explain kind of show how that all fits together there?

[3:17:10] Yes, so in the conceptual development configuration, obviously you have top golf on the east side

[3:17:16] of East Harbor Island along the Barrier Way with two development parcels which would

[3:17:23] be subject to a future RFP. And then on the other side of the Liberator Way where you

[3:17:28] see all of the green space, that would be the public realm and I think Leslie can describe

[3:17:36] a little further as it relates to the PMQ.

[3:17:38] It was an issue here for the record.

[3:17:43] Happy to help out James.

[3:17:45] So the area that I believe you're referencing, when we, for direction going back 2019-2020,

[3:17:53] we made sure we reserved the prime portions of this sub-district for public space.

[3:17:59] So that area James was describing waterward of liberator lay amounts to roughly 11 acres.

[3:18:06] The total for the sub-district is at 17 acres of recreation open space.

[3:18:12] Okay, that's fantastic.

[3:18:13] So that green area and how it sweeps is all going to be open space, public park, all of that.

[3:18:19] Exactly.

[3:18:20] Okay, great.

[3:18:21] And then while you're here, that's very good that you're here, Leslie.

[3:18:24] I could question for you.

[3:18:25] I see that there's like a, it looks like a promenade area.

[3:18:29] And I wanted to see, I know this is just a conceptual plan.

[3:18:33] but I think the plan, the idea, is that that promenade area would meet to the requirements of our Board Master Plan update?

[3:18:43] Correct. We, per board direction, looked at this whole sub-district holistically to ensure that the public promenade,

[3:18:51] waterfront promenade was a consistent width, and I'll look at that dimension for you in a second.

[3:18:55] and also that there was continuity of design

[3:18:58] and that the roadways and all of those public spaces

[3:19:02] fit together to create that space.

[3:19:07] Okay, great.

[3:19:07] And then I think one of the beauties

[3:19:09] of having more of a holistic plan

[3:19:13] when you're looking at an area

[3:19:15] is that you can look at it

[3:19:17] the entire area and decide

[3:19:19] which would be the best places for more public access,

[3:19:24] as public realm, public parks, and so on.

[3:19:27] Because I noticed in the plan for top golf,

[3:19:31] there doesn't seem to be a lot of area

[3:19:34] where there's like a public realm actually on the site.

[3:19:38] Looks like the majority of the areas

[3:19:40] taken up by the golf course and the parking lot.

[3:19:43] So, but what I find encouraging is that there is

[3:19:48] that, you know, promenade that sweeps around.

[3:19:52] and also that we're going to be looking also at, on a broader level, a community facility.

[3:20:04] That could potentially perhaps create other areas that the project would pay for that would be off site but that would be in other areas like the park, open space area. So they don't have to have public realm over a lot of open space necessarily on their site that we can see that it's, you know, we can put it in other areas.

[3:20:29] in the district. Is that pretty much what the idea is?

[3:20:34] Because I don't see a lot of public realm here.

[3:20:38] Yeah, I think based on that board direction dating back,

[3:20:43] the approach to this district was to make sure we created that balance.

[3:20:47] So when we brought forward development configurations for

[3:20:50] your consideration and to receive your direction,

[3:20:53] it was to make sure we reserve those public spaces,

[3:20:55] and then reserve northward of Liberator Way areas that could be developed for commercial

[3:21:01] recreation uses. So we program those uses into the Port Master Plan update. I'm giving

[3:21:06] us that flexibility to build hotel rooms, attractions such as top golf, and to create

[3:21:12] that synergy between both the commercial development needed to generate those revenues to then provide

[3:21:17] that public infrastructure and help activate that space. And to answer your question, the

[3:21:22] The promenade was required at 20 feet in width.

[3:21:26] So there's 20 feet there?

[3:21:28] The promenade that we're showing is a 20 foot width.

[3:21:31] OK, and that's a standard that would be required

[3:21:33] under the port method plan update.

[3:21:35] Yes, the PMP under then for the entire set district.

[3:21:38] OK, well, fantastic.

[3:21:39] Thank you for answering those questions.

[3:21:41] And again, I think this is a great project.

[3:21:44] And it's a great example of looking

[3:21:46] at an area holistically instead of just a particular project

[3:21:51] I've been looking at the bigger area and sort of balancing the different uses.

[3:21:56] So I think this is a really great example.

[3:21:59] So thank you.

[3:22:03] Thank you, Commissioner Moore.

[3:22:06] Commissioner Tassen.

[3:22:07] Thank you, Mr. Chairman.

[3:22:08] I'm going to piggyback on Commissioner Moore's comments.

[3:22:12] I too think this is a great project.

[3:22:14] But I think it's important too, and I'm not surprised that Port staff will work out having

[3:22:21] the kind of open space here.

[3:22:22] But, you know, the comments Mr. Krueger made earlier today, you know, I take to heart and, you know, when we talk about open space and having recreational areas on port tidalands.

[3:22:35] That's a great comment. It's a great suggestion. It's something that we need to have.

[3:22:41] I'd like to ask staff, can you just remind me how many parks do we have?

[3:22:46] 27 parts around the port to high lands in all the five member cities, right?

[3:22:55] In some areas that are economically disadvantaged, 22, thank you Joe.

[3:23:00] Oh, sorry.

[3:23:01] Joe, we need five more.

[3:23:04] But the point is, is that we have beautiful park lands all around.

[3:23:10] This is going to add more green space.

[3:23:12] This is a well thought out project.

[3:23:14] I think it's in the right place for it.

[3:23:17] I'm supportive of Mr. Chairman, and if we're done with public comment,

[3:23:20] I'd like to put a motion on the floor to move staff's recommendation.

[3:23:26] Second.

[3:23:27] We have a motion in a second.

[3:23:29] Subject to further comment.

[3:23:35] Commissioners, you can't.

[3:23:36] I'll piggyback on the piggybacker.

[3:23:39] I appreciate Commissioner Moore bringing up the open space,

[3:23:45] and I was going to say the same thing to Mr. Gruber about the notion that we don't have enough passive public spaces and parks in the port tidalins that may be true in cities, but I don't think it's, I don't think you could objectively say that it's just thinking about even other places on Harbor Island, Spanish landing shelter island.

[3:24:13] And again, these are all areas and this area in particular has no residences within walking distance.

[3:24:20] So the notion of just doing a gigantic park here doesn't seem the place to do it,

[3:24:29] especially given the balance that staff articulated in the number of,

[3:24:33] what did you say, 14 or 17 acres here, 17 acres around here of that passive open space

[3:24:41] on the most prime waterfront parcel.

[3:24:44] I think this checks those boxes and I just have to say those, I don't know if you can put up those views from these areas with downtown in the background both daytime and nighttime.

[3:25:00] You know, that's going to be really special, and I don't think that's something that would come especially at night if it were, quote, just a park. It's going to be pretty special. With all that said, I didn't, if I didn't see it in your presentation, I apologize, but process wise. And I assume it would be if this ultimately goes through this process and we get into lease negotiations. When is the time when we together codify assessment?

[3:25:30] essentially commitments with respect to community engagement and operational agreements consistent with what everybody's intentions stated here are about how to use this facility for the entire community and not just paying customers a prime time and on Saturday night.

[3:25:55] We would intend to work those details out during the lease negotiations.

[3:26:02] We intend to move into term sheet negotiations in parallel with the sequel process and environmental

[3:26:07] review.

[3:26:09] So those will be being processed while we're processing environmental review and intend

[3:26:13] to have an approved term sheet that would codify those specifics to prior to certifying

[3:26:18] the EIR.

[3:26:19] Okay, so just to I think you've heard it before from a number of commissioners and want you to hear it again that, you know, this is I support the project wholeheartedly, I think it's, I think it's a great addition and and it has to have that

[3:26:38] a specific, not just commitment or plan, but requirement to have that, you know, be

[3:26:51] not just a fantastic place for conventioneers and corporate events, but for San Diego

[3:26:58] Junior Golf, San Diego High Schools, San Diego Nonprofit Organizations.

[3:27:03] And as we've talked before, I think it's a natural, I think it matches up nicely with

[3:27:10] what I assume to be more of your prime time for those other clients versus day time

[3:27:16] hours, and especially during the summer when I think could be a lot of win-win wins.

[3:27:24] So anyway, I just want to keep that at the front burner.

[3:27:27] That's not what we're talking about today, but it is coming and that's certainly on my mind.

[3:27:32] So, thank you and I support this.

[3:27:36] Thank you, commissioners, you can't.

[3:27:37] Commissioner Cassanos.

[3:27:39] Thank you, Chair, and thank you, staff, and thank you to the top golf team and

[3:27:44] to all of the members of the public who gave public comment.

[3:27:49] It's not a secret that when this project was first proposed as part of our RFP for

[3:27:55] East Harbor Island, I was skeptical.

[3:27:58] I was skeptical that this was the right project on this site.

[3:28:03] It was bigger at the time, it's been scaled back as far as the footprint, I just wasn't sure.

[3:28:11] And so, thank you Commissioner Moore and the Commission for

[3:28:15] doing additional due diligence about the whole site and the configuration and

[3:28:22] balancing various uses including the open space, the public realm,

[3:28:27] a what should be a great new waterfront park with incredible views of the

[3:28:36] skyline where you don't just have to go over to Costa Rica or island prime and

[3:28:41] buy stuff to enjoy that view.

[3:28:47] We hear a lot of public comment a lot about the

[3:28:51] Tideland's trust and the Tideland's and the public trust and public land and the

[3:28:57] people, and the longer I'm on this commission, the more I think when I hear those comments,

[3:29:04] which people, who is the public?

[3:29:10] I've never talked about a project with anyone at the port, about the port stakeholders,

[3:29:19] members of the public that has got so much interest as this project.

[3:29:24] And I'm not a golfer, I've never been to a top golf, I worked at the municipal golf course in high school, and I used to shag the balls and the driving range, clean the golf cars.

[3:29:36] It wasn't a sport that I grew up with.

[3:29:40] That was my exposure to the sport.

[3:29:44] The kids where I grew up, we weren't golfers, we weren't skiers.

[3:29:49] We used to sneak on to the golf course with our BMX bikes at night and jump off the sand traps.

[3:29:54] this project.

[3:30:00] It has so much interest from all kinds of folks. And I run with all kinds of folks, different types of people, not just any select group. I heard one of the members of the public that this is for a select group. I, I, it's been a lot of time with all sorts of different types of people. I'm what's called a code switcher in that I've had the good fortune of coming from a background and then having the privilege and the opportunity to go and get an education.

[3:30:29] and making it in the American dream.

[3:30:35] And so I've had a lot of exposure to a lot of different kinds of people.

[3:30:39] This project has interest from all sorts of kind of people.

[3:30:44] Working class people, professionals, blue collar, white collar,

[3:30:49] all sorts of demographics, incomes, you name it.

[3:30:54] We've got 34 miles of coastline.

[3:30:57] We've got thousands of acres of land.

[3:30:59] and we've got 22 public parks, we're creating more parks that are on the way to incredible

[3:31:06] new parks on the Chulis de Bay front.

[3:31:09] Give the people what they want.

[3:31:12] We have to balance, even if I don't know if I'll ever go to a top golf, maybe I'm sure

[3:31:17] I will.

[3:31:20] But there is a tremendous demand for people to come and be entertained at a venue that could

[3:31:27] to bring half a million people a year to the Port of San Diego,

[3:31:32] half a million people a year.

[3:31:34] That's what you call activation.

[3:31:37] They come, there's a waterfront park.

[3:31:42] They see the waterfront park, we activate it

[3:31:45] with some little kiosk and coffee or whatever,

[3:31:47] some boat launches, a little craft, the, you know,

[3:31:51] watercraft.

[3:31:52] That's the business that we're supposed to be in at the Port of San Diego

[3:31:55] is bringing all kinds of people to the Port of San Diego

[3:31:58] I go to enjoy the waterfront, enjoy the views.

[3:32:01] It's not just for a select group of people who want to quasi-privatize public land for their passive use.

[3:32:13] That's what is really going on here.

[3:32:16] We have passive parks.

[3:32:18] The consultants tell us that they're not activated, we need to activate it and we need to bring more people down.

[3:32:23] this is a use that some may not like, but a lot of people love this project.

[3:32:33] I put a post on LinkedIn, what do you all think about this project?

[3:32:38] That was it in an article, to the Union Tribune article.

[3:32:42] It was nuts, not even close.

[3:32:45] Forty-one thousand impressions, six hundred and something likes,

[3:32:49] A ton of comments, people of all kinds, that's a project that people want.

[3:32:57] And if we balance it with open space, public realm, and are also able to do other uses,

[3:33:04] then that's a project that I cannot support.

[3:33:06] So I am supportive of the motion, and those are my comments, Chair.

[3:33:12] Thank you, Commissioner Cassius.

[3:33:14] Seeing no other speakers, as usual, going last means that there's no

[3:33:20] not much left to say after my brilliant colleagues have had their say, but I'll find some words

[3:33:25] anyway. So I want to start where Rafael left off. This is an incredible activation element

[3:33:35] for the Port of San Diego. Now, when the comment was made that the, and I wrote it down, the

[3:33:41] port, what we lack is passive places for people to live and play. Quite frankly, that did

[3:33:49] it shocked me because being around this place as long as I have 12 years but growing

[3:33:54] up in San Diego around the port, I know that the port of San Diego has literally miles

[3:34:02] and miles of passive parks. On Shelter Island, on Harbor Island, we have parks downtown,

[3:34:08] we have parks in Coronado, Thailand's Park is one of my favorites. People forget that

[3:34:14] my city Imperial Beach, the port of San Diego has been granted by state lands to be

[3:34:19] we have three miles of beach and in front of that beach we built a couple

[3:34:26] parks. We have a lot of passive areas and it's interesting that when we

[3:34:34] started on this whole holistic planning effort a long long time ago when my

[3:34:39] hair was darker than it was now one of the interesting observations that was

[3:34:46] made very early on, is that our parts, our passive parks, they all kind of look the same.

[3:34:53] You know, they're all one level, they're all grass, they've got some benches.

[3:34:57] You know, certainly a lot of a lot of places.

[3:35:05] I see families camping out and on the beach and they're having fun and there's a lot of space there. What top golf is is, I look at it actually as a form of public realm. Certainly it's public entertainment. But I was kind of wrestling, OK, is it driving range, the right thing on the right.

[3:35:29] poor tidalands. I had never been to a topgolf. So I said, you know, I owe it to this project. I should

[3:35:38] actually see it, feel it, touch it and look at it. And I made a trip out to Las Vegas. I went to

[3:35:45] the topgolf out there. And what I saw while some may call it a driving range, it really wasn't a

[3:35:54] driving range. It was this multi-modal entertainment zone and being a golfer

[3:36:01] myself and walking all the cues. I didn't actually see very many golfer's but

[3:36:06] what I did see is I saw a lot of people of all stripes from all parts of life

[3:36:13] having fun at this venue and I actually saw because I saw a picture here. I saw an

[3:36:19] an individual that was disabled, that rolled himself up and actually was hitting balls.

[3:36:24] It was wonderful.

[3:36:26] It was really eye-opening to me.

[3:36:29] I really realized at that moment what we're really talking about here is we're talking

[3:36:34] about a public, public entertainment activation area that happens to incorporate golf into

[3:36:42] it, but it's so much more than that.

[3:36:45] I had the opportunity to eat in a restaurant.

[3:36:47] I had the opportunity to go into the sports bar, I got a full tour, I saw all the corporate

[3:36:52] suites, I was in a word incredibly impressed by the operation.

[3:36:59] And I would mention at this point, the reason why I call it a form of public realm is because

[3:37:05] when you walk into top golf, you don't need to pay to go through a turn style to get in.

[3:37:10] And anyone can walk in that building, anyone can go upstairs.

[3:37:16] They have tables and bars and chairs and places to eat.

[3:37:20] You could order a glass of water and just sit there and look at the vistas from a different

[3:37:26] level out to San Diego Bay without paying $1 to be in that facility.

[3:37:32] So to me, when I saw it, I was absolutely convinced, notwithstanding the fact that it's going

[3:37:39] to bring $500,000 a year, it's going to bring jobs, it's going to bring commerce, which

[3:37:45] by the way is one of the four enumerated areas of the Port Act is commerce.

[3:37:52] And I would just mention to people because I've kind of heard it as a theme today that

[3:37:56] we're taking public land, the greedy port is taking public land and we're giving it the

[3:38:00] private developers.

[3:38:02] Well, let me tell you all something, chapter 8, the very introduction to the coastal act

[3:38:08] chapter 8 that deals with ports talks about ports as economic zones that is the primary

[3:38:14] reason the legislature enacted the Port Act in the first place.

[3:38:20] We are called out to provide economic benefit to the community and how do you all think

[3:38:26] that we pay for our 22 parks?

[3:38:30] We pay for it by creating economic benefit and using that money to invest back into the

[3:38:37] community. And we use it to mitigate and to buy clean, clean energy and electrify the

[3:38:44] port and do many, many things to provide a lot of public benefit to the millions of

[3:38:49] people that live in San Diego. So, this is a long way of saying that I think that we've

[3:38:56] come a long way since that SOIQV in 2016, where we had all over McMillan respond that

[3:39:04] And ironically, now that we found an earthquake fault, we couldn't build that anyway.

[3:39:08] You know, considering that we've got an earthquake fault through here, I actually can't imagine

[3:39:14] a better use for this land than what we're doing right here.

[3:39:19] So I want to thank our staff.

[3:39:21] I want to thank Topgolf for hanging in there for what's it been six years and really coming

[3:39:28] with a very strong proposal.

[3:39:30] I'm looking forward to see the additional community benefit package that we're going

[3:39:35] to have in this project.

[3:39:37] I think that it is going to be a natural attractor and is actually going to help the hotels

[3:39:44] that we're going to build right next door.

[3:39:46] I think there's going to be an nexus and a synergy there.

[3:39:49] I see, as was said before, as Commissioner of Alderama would say, I see a real win-win-win

[3:39:55] here, and I couldn't be more pleased with where we ended up.

[3:39:59] on-

[3:40:00] This property that used to be a rental car facility and is going to be a really revitalized, very active, very fun zone on the board. So thank you again. Those are my comments. Are there any other commissioners wishing to make comments at this point? Okay. Well, I think we have a motion on the floor. So I'm just going to I'm going to call the question myself. Let's put up the vote.

[3:40:31] Thank you. Motion passed unanimously. Commissioner D more excused.

[3:40:38] Thank you.

[3:40:44] Moving on to

[3:40:45] item 21.

[3:41:57] Go ahead and put your presentation staff.

[3:42:08] Is this working?

[3:42:10] Good afternoon, Vice Chair Cassianos, commissioners. My name is Tony Gordon.

[3:42:14] I am the ports director of real estate. I am joined at the table by Sean Sumner, Vice President

[3:42:19] of Business Operations, Bob D'Angeles, Port CFO, and David Jones from the Office of the General

[3:42:25] Council. Today's presentation will include a status update on efforts to reach agreement

[3:42:30] on a new baseline rate in scope of services pursuant to the municipal services agreements or MSAs

[3:42:37] with the cities of Chulavista and National City. Next slide please.

[3:42:43] Staff recommends that the board

[3:42:45] direct staff to continue MSA negotiations with the city of Chulavista for an additional 60 days

[3:42:51] and if an agreement is reached to return to the board thereafter with a proposed amendment

[3:42:57] to the agreement with Chulavista.

[3:42:59] Next slide.

[3:43:03] We'll start by providing some background

[3:43:04] on what a municipal service agreement is.

[3:43:07] Port member cities provide municipal services

[3:43:10] such as fire, police, emergency medical

[3:43:12] and lifeguard on Port Tylands.

[3:43:15] The scopes and rates for these services

[3:43:17] are memorialized in a municipal services agreement.

[3:43:21] Cities are reimbursed for services provided

[3:43:23] to non-tax paying properties such as parks and roads,

[3:43:26] but not for services provided to tax paying properties.

[3:43:30] The port currently has MSAs with all five member cities.

[3:43:33] Next slide.

[3:43:36] This slide shows a summary of the MSA with Chula Vista.

[3:43:40] The current MSA commenced on July 1st, 2020,

[3:43:43] and goes through June 30th, 2030.

[3:43:45] The MSA includes two baseline reset dates

[3:43:48] on July 1st, 2022, and July 1st, 2025,

[3:43:53] prior to its expiration with negotiations

[3:43:55] regulations on a new baseline rate to commence six months prior to the reset date.

[3:44:01] The current reimbursement rate in effect July 1st, 2022 is approximately $1.1 million,

[3:44:07] which reflects a 3% increase that took effect on July 1st, 2022.

[3:44:14] Pursuant to the agreement, either party may terminate the agreement with six months written notice to the other party.

[3:44:20] Staff has been negotiating a new rate in good faith with the City of Chulavista but has been unable to reach agreement to date.

[3:44:28] City staff has indicated that they believe an increase in the reimbursement rate is warranted and has requested additional time to continue negotiating with the district.

[3:44:38] This would require an amendment to the MSA as the current language states that if the board does not approve a new baseline rate and scope of services honor before January 1st,

[3:44:49] the rate in effect will remain in place until the next baseline reset date in 2025, subject to 3% annual increases.

[3:44:58] Next slide.

[3:45:01] This slide shows a summary of the MSA with National City. The current MSA commenced on July 1, 2021, and goes through June 30, 2030. The MSA includes two baseline resets on July 1, 2022 in July 1, 2025, with negotiations on a new baseline rate to commence six months prior to the reset date. The current reimbursement rate in effect July 1, 2022 is approximately 1.3 million, which reflects a 3% increase that took up

[3:45:31] effect on July 1st, 2022.

[3:45:33] Pursuant to the agreement, either party may terminate the agreement with six months

[3:45:37] written, notice the other party.

[3:45:39] Staff has spent several months negotiating the new baseline rate in scope of services with

[3:45:43] national city staff but has been unable to reach agreement to date.

[3:45:47] The city has indicated that they will not pursue further negotiations with the district

[3:45:52] and therefore, pursuant to the current agreement, the existing rate will remain in effect subject

[3:45:58] to 3% annual increases until the next baseline reset date in 2025.

[3:46:04] Next slide.

[3:46:06] In terms of next steps for the City of Chulavista, staff recommends that the board direct

[3:46:11] staff to continue baseline rate negotiations with the city for the next 60 days and, if

[3:46:17] successful, bring back an amendment to the MSA for the board's consideration.

[3:46:22] Staff has made considerable progress in negotiations with Chulavista and believes that we can reach

[3:46:28] agreement on a new rate in scope of services with an additional 60 days to negotiate.

[3:46:34] If, however, we are unable to reach agreement in the next 60 days, the existing rate in

[3:46:39] scope of services would remain in place subject to 3% annual increases until the next baseline

[3:46:45] reset date in 2025.

[3:46:47] For National City, since City staff expressed no interest in continuing negotiations, no

[3:46:53] further action is required, and the existing rate and scope will remain in place subject

[3:46:58] to three percent annual increases until the next baseline rate, baseline reset date in 2025.

[3:47:04] Next slide, please. This brings us back to the staff recommendation as shown on the screen.

[3:47:10] This completes our presentation. Staff's available for questions.

[3:47:15] Thank you very much. Do we have any public comment?

[3:47:18] We have no public comment. Okay. Let's open it to Commissioner comment. Commissioner Zucat.

[3:47:26] Thank you, Trevor.

[3:47:29] Malcolm, Sean, congrats on your 20 years.

[3:47:32] That was a cool ceremony, good to see your family, congrats.

[3:47:37] Appreciate staff's work on this item over the months, years, that we've been working on this.

[3:47:49] Trying to bring some continuity to these agreements.

[3:47:55] I'm fine with the recommendation on

[3:47:58] Chula Vista, which both parties well

[3:48:01] in continuing to search for an agreement

[3:48:05] and have that given take

[3:48:07] and appreciate both sides continuing to work

[3:48:10] and the representation by staff

[3:48:11] is that everybody is working so good with that.

[3:48:16] With respect to National City,

[3:48:18] I wanted to make some comments

[3:48:20] And I wanted to set the stage that, based on the data that the cities provide to the

[3:48:28] port in terms of the number of calls for service, for fire, slash EMS, and police services.

[3:48:36] And their overall police budgets yields some really consistent data.

[3:48:44] So, not talking about port calls, just talking about each city, their city-wide numbers.

[3:48:51] So, four of the five cities, Imperial Beach, Chulvesta, Coronado, National City, as part

[3:48:58] of their municipal services agreement, received money from the port for police calls.

[3:49:06] the city of San Diego doesn't because they used to but in this latest reset they did not

[3:49:15] because port staff with the sport of this board convinced them that there's a mutual aid

[3:49:19] relationship there with harbor police and so city of San Diego is not included in this

[3:49:23] data that I'm about to share but if you look at the average cost per police call in Imperial

[3:49:30] It will be, it's $391 per call.

[3:49:33] In Coronado, it's $390 per call, in National City, it's $457 per call, and in Chula Vista, it's $563 per call.

[3:49:43] So it's remarkably similar across those cities for police calls, is to what it costs the cities in terms of their municipal budgets to provide those services.

[3:49:55] on the fire side, which is now all five members cities, because San Diego obviously has an image.

[3:50:00] Let's say related to fire and EMS services. It's also quite a tight range. Imperial Beach is

[3:50:11] a bit of an outlier in terms of its only costs about $877 per fire police call. The other

[3:50:21] cities are between $128,800 per police call. So not quite as tight of range as the police

[3:50:29] service calls, but for the fire calls, it's still remarkably similar, even though those

[3:50:34] cities are all wildly different in terms of size and geography and everything else.

[3:50:40] Now, when we get to the port, the non-paying port tidalins calls, which is what the cities

[3:50:50] agreed would be, what is reimbursed.

[3:50:53] All of the MSAs have the very specific language that this agreement covers reimbursement of the

[3:50:58] the cost of police fire, emergency medical services to be provided by the city upon the districts

[3:51:05] tidalins and property within the city's limits which do not generate ad-vlorium tax revenues

[3:51:11] as depicted on exhibit one, incorporated by reference, et cetera.

[3:51:15] So in other words, each of these cities have agreed that that's the areas we're talking about.

[3:51:20] So, the port asked the cities for their call data within those non-paying port tidalins.

[3:51:29] And the three cities that have a new agreement, that's Imperial Beach, San Diego National City,

[3:51:36] the numbers are quite consistent.

[3:51:39] What Imperial Beach charges the port essentially per police call is $430,

[3:51:45] dollars compared to 391 that they were charging the rest of the city, and there's some reasons

[3:51:51] for that variation.

[3:51:53] Coronado, same thing, $429 per police call to port versus $390 for citywide, and again

[3:52:02] there's rationale for that.

[3:52:04] On the fireside, San Diego is $1800 per call in the city.

[3:52:11] $1857 for a port call, Coronado, $1,724 on the city wide side, $1,873 on the port side.

[3:52:20] Imperial Beach, there's a little bit of a difference, $877 on the city side, $1266 for port calls.

[3:52:28] But again, they're all still within the realm, and there are differences that we all recognize in specific cities to do that.

[3:52:35] But here's national city's numbers under the current agreement, under the current $1.3 plus million that they're getting.

[3:52:43] They charge or they represent based on their data that it's $457 per call in the city of national city.

[3:52:52] But in the port titlands, it's $9,200.

[3:52:55] So it's 20 times the amount.

[3:52:59] and in for fire service calls that cost $1475 in the rest of the city they're charging the

[3:53:07] port $36,271 per call. The City of National City reported based on their calls for service

[3:53:20] that they provided to the port staff, the port staff identified 17 calls on an annual basis for

[3:53:27] fire EMS in 80 calls in the port tightlands on non-paying tightlands for police calls.

[3:53:40] So this is just a gigantic disparity to put the disparity in other way.

[3:53:46] We pay national cities $616,000 to run 17 fire EMS calls in the port.

[3:53:54] Coronado has 71 calls and they only get $132,000.

[3:54:00] So, these aren't just slight variations, these are huge outliers.

[3:54:09] The agreement that National City sign requires, quote,

[3:54:14] meet and confer regarding fair and appropriate cost and service standards,

[3:54:18] taking into account the actual documented costs of providing the services.

[3:54:25] And so, staff, you've come today reporting that you are, quote, unable to reach an agreement with the City of National City, and that, quote, City staff, I'm assuming you're referring to National City staff does not intend to pursue further negotiations.

[3:54:41] So can you tell me about what the negotiations were?

[3:54:45] Did national city make a proposal, did they provide, for instance, on the fire side?

[3:54:51] Is there an explanation as to why their current MSA amount reflects what they actually-

[3:55:00] We spend for Fire and EMS services, same question on police.

[3:55:08] Good afternoon, commissioner Tony Gordon for the record. All I'll take a crack if this initially. So the negotiations with the city of National City staff, primarily with their city manager. On the police side, we did collect calls for service data, although it's worth noting that the data was just not quite as robust as we've seen.

[3:55:33] in with some of the other member cities and don't necessarily know that more granular

[3:55:39] data was available. But we did have data that was provided and did a cause for service

[3:55:47] calculation. The city also provided supplemental data about a concept about proactive patrolling

[3:55:55] that we analyzed, but ultimately we're unable to agree on what a proper reimbursement amount

[3:56:05] would be for police.

[3:56:07] On the fire side, the data provided, we did receive the calls for service data, but

[3:56:14] really didn't get too far beyond that.

[3:56:18] That we explored several different concepts related to this risk reduction approach that the city manager had presented to staff as an alternate way to look at the cost of providing fire and EMS services to the Thailand's but ultimately we're not able to reach agreement on a methodology that both parties felt accurately reflected the cost of the fire and EMS services.

[3:56:48] And Sean Sumner for the Record Vice President of Business Operations, I mean, just for the

[3:56:53] add to Thomas Point, there's just a wide philosophical gap, I think, between where national

[3:56:58] city is today and where we are today, which is really trying to get a handle on the calls

[3:57:03] for service and what the actual baseline rate should be based on that call.

[3:57:07] And then, as was done in, I believe, the Coronado negotiation and the San Diego Negotiation

[3:57:11] to look at what line items are appropriate to include in the budget and which calls for

[3:57:18] service go where?

[3:57:19] The calls for service are inherently subjective, but collectively with the other cities we've

[3:57:24] been able to come to some understanding of what we all think the calls for service could

[3:57:28] be.

[3:57:29] So, there's not a lot of depth that we've seen yet.

[3:57:32] It's more of a philosophical difference between staff and national city at this point, national

[3:57:36] city staff at this point, and of course, we would welcome any more information they have

[3:57:40] have been to help inform us, but we don't have that in front of us today.

[3:57:45] So do we have a proposal from National City with a proposal with a number on it?

[3:57:51] No, we don't have a proposal.

[3:57:53] Okay.

[3:57:54] And based on your recommendation, it sounds like you don't think, in fact,

[3:57:58] National City staff has represented that one is not forthcoming.

[3:58:02] That's right.

[3:58:03] Okay.

[3:58:04] So, you know, I guess that's just a little troubling, again, just a few more

[3:58:12] examples, 17 calls in National City getting 16, pardon me, $616,000 of reimbursement,

[3:58:22] 217 calls run in Imperial Beach for fire in M.S., getting $275,000.

[3:58:28] So 15 times the calls getting less than half of the reimbursement.

[3:58:35] So, I mean, again, these are not shades of gray, this is like,

[3:58:41] you know, and here's the, here's the problem.

[3:58:46] This is reimbursement, this is not, well, this is reimbursement under, under state law and common sense,

[3:58:57] And under these agreements signed by the cities, this is to reimburse them for the services they provide on the non-paying port title.

[3:59:04] And so, I think this commission has, as recently as last month with our CIP restructuring where we both guaranteed more money to all five cities, and in part based on the testimony of national city representatives,

[3:59:26] made clear that to the extent we wanted to do more for cities, particularly those arguing that they need more have been left out in the past that we would do that, and we specifically change the CIP change in a way to explicitly preserve that.

[3:59:45] We had the National City Balance Plan item where I and other councilmember commissioners specifically talked about our desire to get going on that funding, which is not just

[4:00:00] $10 million, but tens of millions of dollars. And I, if such an action were before me, I would be inclined to support a lot of money going into that plan, which is overdue in the near future. So this is not about money. MSAs are not the place to, as has been articulated by the city manager of National City, you know, to make up for

[4:00:29] for past perceived wrongs.

[4:00:32] It's the place to in a good faith way,

[4:00:36] based on the agreement they signed,

[4:00:38] to have an exchange with the port

[4:00:40] about what they reasonably need to recover

[4:00:43] to provide these services on the non-paying port tidalins.

[4:00:47] And so, you know,

[4:00:52] I don't know how else to say it,

[4:00:54] but it's sort of not cool, I mean,

[4:00:57] because it creates these just completely out of whack

[4:01:02] disparities with other cities that, you know, as a commission, we need to think about all five of our member cities, not just ours, not just other people's but all of them, and we've got this nice sort of consistency going, and then we've got this outlier, which is 20, 25 times out of wax.

[4:01:22] So, under the agreement, they get to do exactly what they're doing, which is to, essentially, these are my words, not staffs, but, you know, to basically not negotiate and say, we'll just, we'll just let this number that we are either choosing not to defend or can't defend, and we're just going to let that go at 3% through 2030.

[4:01:46] that is what the agreement said, and then we've all got, you know, bad nuclear options, which I'm not suggesting we go there, but it's just sort of not cool.

[4:01:57] And I wish there would be more of a holistic view as to if cities have needs, we have demonstrated time again that we will go there with big funding.

[4:02:11] And I just don't, it's unfortunate it's happening at the MSA level.

[4:02:18] So I'm going to move staff's recommendation with respect to Tula Vista and those are my comments.

[4:02:25] Okay, thank you, Commissioner Zuckett.

[4:02:28] We also have a motion on the floor for the Tula Vista MSA.

[4:02:35] Third, second to that motion.

[4:02:38] Okay, Commissioner Moore seconding that motion.

[4:02:40] I'm going to just put that on hold for a moment and allow other commissioners to comment.

[4:02:47] Are there commissioners in Toronto?

[4:02:52] Thank you chair and thank you commissioners for sharing your perspective and I just want

[4:03:00] to say staff you know just thank you for the update and thank you for the continues

[4:03:06] meetings you've had and the negotiations have been going on I think a year now specifically

[4:03:11] since I've been on with my city, but I do want to share just my concern that after a year of negotiations and good faith that we couldn't come up with an agreement where my city, the port can agree on a new baseline rate in scope of services that funds than necessary public safety to protect our Thailand's.

[4:03:37] So the City of National City, sorry, is that for all of them?

[4:03:45] I believe with the Commissioner has a long team.

[4:03:48] All right, yeah.

[4:03:49] Okay, so recently our City of National City received a

[4:03:54] comprehensive study that was done for our police and fire and emergency services.

[4:03:59] It was done by the Center for Public Safety Management.

[4:04:03] I don't know if that study was shipped to you all, but that it was an actual

[4:04:06] over a blessed workshop that we did on November 16th at City Hall and that also included so Citywide and

[4:04:13] also included our Port Highlands.

[4:04:16] What I could say in high level summary with that study and

[4:04:20] field is that police and fire are underfunded and lack the resources to fulfill their missions.

[4:04:27] That places the property and lives at risk.

[4:04:30] So, we are a notice that we are not adequately funding these resources where placing pork property and lives at risk with knowledge that we are doing so, and that harm will cause is foreseeable.

[4:04:45] And so, I respect commissioners who can't go into the map and looking at, there's a disparity with the national city.

[4:04:55] And I would love to say, yes, that the spirit is working so well for us, but it's we're

[4:05:00] We're underfunded. This has this industrial property. If anything were bad to happen, I mean, there's incidents that happen, but the Navy shipfire, I could tell you our national city firefighters were there fighting that every day. And they are telling me that what it takes to do anything that at that level and our property and the fact that we do not have the adequate funding is a concern. And so, um,

[4:05:29] And we are different, all the member cities are different, and so, you know, in about an hour or less than an hour, we're going to have a new administration at our city hall.

[4:05:41] And I really want to direct staff to also continue these negotiations, just like we're doing with Cholavista to also do it with National City in 60 days, because we actually have these comprehensive studies for fire, police and emergency services.

[4:05:57] And that can help with the data that I know you guys were waiting.

[4:06:01] But we can use that to help understand how are these resources underfunded?

[4:06:07] How do we answer a lot of these questions that Commissioner Sukette brought up?

[4:06:11] Because this is the reality that's happening in my city.

[4:06:16] And so that's why I want to direct you all to come back in 60 days along with Chila Vista on the MSA for National City.

[4:06:23] Thank you, Commissioner Aronho, Commissioner Cassianoff.

[4:06:27] Thank you, Chair.

[4:06:29] And thank you, commissioners.

[4:06:32] Staff, not that I don't trust your calculations, commissioners who kept.

[4:06:38] But is commissioners who kept accurate in his calculations?

[4:06:45] questions? Sean Sumner for the record. Yeah, a review looked pretty consistent, pretty accurate.

[4:06:53] Because it's basically taking the math from the city's budget, its respective budgets,

[4:06:58] and dividing them by the number of calls. And we have both citywide calls and we have

[4:07:02] padents calls. Now, one could argue about and should, we should be discussing what the

[4:07:08] non-tax versus tax allocations are for calls for service. But city has, cities have one point

[4:07:13] do you, staff had one point of view, the truth is probably somewhere negotiated there in.

[4:07:19] But the math is generally right, yes.

[4:07:21] Have you seen the study that Commissioner Neuronho is referencing?

[4:07:24] I have not, I don't believe staff has seen it.

[4:07:29] Commissioner Neuronho, does that study indicate what a properly funded call for service for policing should be?

[4:07:41] Yeah, it provides, it goes into details about the current status of our police fire and emergency service in the city.

[4:07:49] It also includes our property and actually has recommendations to address plans on not just for call for service, but having appropriate resources.

[4:07:58] And so I think it's a good data point to understand what the port can do on our end on the amount of resources to protect our port islands.

[4:08:10] Does it have a number for what an adequate what a cost there are numbers down there are actually numbers and so I think that with the city manager and the city staff can work with port to

[4:08:22] divide those numbers up because I know it was like I said citywide so you know divide on the property and what that numbers will look like is there actually really is really good data points there.

[4:08:37] I'd love to see the report if it could be shared with staff and the commissioners.

[4:08:43] I'd like to see what that number is.

[4:08:47] Would be helpful to have that data point as far as what that sort of a level cost is.

[4:08:54] I think that would be helpful, very helpful, obviously those numbers.

[4:08:59] Could you repeat some of those numbers commissioners who kept it's how many times more?

[4:09:07] On the police side, it's 20 times more.

[4:09:13] It's $457 per call versus for the rest of the city.

[4:09:17] But according to the data, National City represents that it costs $9,163 for

[4:09:25] a police call in the Port Tylands.

[4:09:27] For fire, it's $1475 per call throughout the city.

[4:09:32] but it's 25 times that at 36,271 for what they're charging for the non-tax paying

[4:09:41] tightlands fire AMS calls.

[4:09:47] Okay, so it'd be interesting to see the study and if you could please look at that and

[4:09:56] obviously that it's hard to

[4:10:00] Square, but I'd appreciate that. Thank you. Staff will do that. Thank you, Commissioner Castellanos, Commissioner Moore.

[4:10:10] Yeah, just real quick. I think Commissioner Nauron who I think you're suggesting that they continue to negotiate with the port with respect the MSA. And I guess that would allow the port to take a look at that study. I don't know if that's something that the port has seen so far.

[4:10:32] No, we have not seen it yet.

[4:10:34] Okay, so it seems to me that that does make sense so that there's time for the port

[4:10:40] to analyze the data that's provided, because I think at the end of the day we all want

[4:10:46] to do its fair, right, so I think maybe allowing that same 60 days now it seems to make sense.

[4:10:57] Okay, so thank you, Commissioner Moore.

[4:11:01] You were going right where I was going to go.

[4:11:04] First, I want to say it seems like I've been dealing with this,

[4:11:10] is chair for most of my chairmanship with respect to,

[4:11:16] you know, been difficult for the cities and I understand there's

[4:11:19] extend awaiting circumstances and cities have had a lot going on and now there is political

[4:11:25] changes at the city. About six months ago, I told the cities, you know, it's going to

[4:11:31] be heard this year in December. And for whatever reason, we're not quite there, but maybe we're

[4:11:38] getting closer.

[4:11:41] With respect to commissioners and cats, numbers and calculations, I'm not

[4:11:47] not going to presume to dispute them, it seems like staff is an agreement with those numbers.

[4:11:53] What I will say is that having read the Attorney General's opinion, there are other methodologies

[4:12:01] other than calls for service.

[4:12:02] Not the calls for service is in a very important metric and the metrics you bring up, I think,

[4:12:07] are quite compelling.

[4:12:09] I will say that, but there are other methodologies for one making sure you're providing

[4:12:16] adequate services necessary to protect Thailand.

[4:12:24] So, with that being said, and I don't want to give numerous examples here, but I do think that it is completely fair that if a member city is saying that they want to work more, that they have a report, that a new mayor has now come in and wants to take a fresh look at it,

[4:12:44] What I would ask respectfully, the maker of the motion is if you would consider modifying your motion to include both National City and

[4:12:56] Chulavista to give staff the time to work with both cities to thoughtfully work through the numbers and come back to us in 60 days.

[4:13:06] And if that would be something that you might consider.

[4:13:09] Absolutely, and based on Commissioner Aronho's comments, I was thinking the same thing.

[4:13:15] I made that motion based on what I understand National City staff is represented to the

[4:13:21] port at the table, but if that is, I'm all for it.

[4:13:28] I'm asking for a friendly amendment, absolutely, so I would amend my motion to include National

[4:13:34] but I would take it a step further, which is given, as you quoted the language of this, if there's not an agreement, you have to come back to us.

[4:13:44] Do you want to give it 90 days? I'm not trying to extend it, but given the holidays and stuff, or do you want to keep the time pressure on?

[4:13:50] I'm happy that we can have this every other month here, but I just wonder if I just wonder if it might be more sensible to shoot for 60, but put 90 in the motion just to give you a little room.

[4:14:05] So I would amend the motion to 90 days, both to list a national city, and thank you.

[4:14:11] Thank you, commissioners, who can't, does the seconder of the motion agree to that?

[4:14:16] Yes, I do.

[4:14:17] I can say from the chill of this perspective, they do intend on making sure that this is resolved

[4:14:23] within a 60-day period.

[4:14:26] But 90 days, how could that hurt?

[4:14:28] So I agree.

[4:14:29] Do I hear 120?

[4:14:30] Okay. So we have an amended motion. We have a seconder that has agreed to the amendment. Is there any further discussion?

[4:14:40] Chair, can we just clarify because the recommendation was we don't reach an agreement. We don't necessarily come back.

[4:14:46] So I just wanted to clarify how we to come back in that time frame.

[4:14:53] I missed that nuance.

[4:15:01] I think coming back would be appropriate given the discussion today and I think it would be good idea. I think the reality is that the contracts automatically default to the 3% increase, so that's happening anyway, you know, theoretically any city could ask to come before the board in any event, but I think we're just trying to put a little bit of time leverage on here. So yeah. I think that would be a good idea. Yeah.

[4:15:32] Yeah, Commissioner Cassen, did you have a comment you wanted to make?

[4:16:02] Thank

[4:16:46] you, Commissioner Cassen, do we have any other comment on this?

[4:16:51] Okay, hearing none, I believe because Commissioner Cassen is joining us remotely, we're going to have to vote manually.

[4:16:59] So can we please call the vote?

[4:17:01] Thank you, please vote when I call your name, Costiana.

[4:17:04] Could the motion be repeated?

[4:17:06] This

[4:17:09] is a motion to direct staff to continue negotiations with both journalists and national city and

[4:17:16] Reach agreement and and or well and report back to the board for nine for 90 days 90 days. Yeah

[4:17:25] Uh, I vote yes. Thank you. Malcolm. Yes, say more. Yes, do you more? Yes, Naranjo? Yes, or Tassen?

[4:17:41] Okay, moving smartly long.

[4:17:45] We are on item 22.

[4:17:50] Son outdoors phase two.

[4:18:03] Good afternoon.

[4:18:04] Chair Malcolm, commissioners.

[4:18:07] My name is Tony Gordon.

[4:18:08] I'm the port's director of real estate.

[4:18:10] At the table for this item are Amber Jensen.

[4:18:13] and Adam Meyer from Real Estate, Michelle Chan,

[4:18:17] from the Development Services Department,

[4:18:19] and Rebecca Harrington from the Office of the General Counsel.

[4:18:24] Emerson Prosser from Sun Outdoors

[4:18:26] and Greg Mueller from Tucker Sadler

[4:18:28] will also participate in this presentation.

[4:18:30] This presentation will provide an overview

[4:18:32] of the proposed expansion of the Sun Outdoors,

[4:18:35] San Diego Bay RV Resort in Chulavista.

[4:18:38] Pursuant to the RV Resort lease,

[4:18:40] These, son and the port are parties to an exclusive negotiating agreement for the development

[4:18:45] of additional RV stalls and amenities on parcel S3 of the Chula Vista Bayfront master plan

[4:18:51] located immediately to the south of the existing RV resort.

[4:18:56] This project will be an exciting addition to son's world class RV resort in Chula Vista

[4:19:00] in a great addition to the Chula Vista Bayfront which is currently undergoing an unprecedented

[4:19:05] revitalization.

[4:19:06] Sun has proven to be an excellent partner capable of executing a high-end development project on the Bay, and we're excited to be partnering with them once again to expand on a great operation.

[4:19:18] Now I'll turn the presentation over to Andy.

[4:19:30] Thank you, Tony.

[4:19:32] Staff is recommending the Board of Doctor Resolution authorizing staff to commence environmental review in accordance with the California Environmental Quality Act for the Sun Outdoors RV Resort Phase 2 project at the Chula Vista Bay Front.

[4:19:45] Next slide, please.

[4:19:54] This is an overview of the Chula Vista Bay Front.

[4:19:57] Sound Outdoors has a lease with the district to operate a-

[4:20:06] The list commenced on September 16th, 2019, and terminates on September 16th, 2085. As shown on the map, the existing RV Park is located at 825 E Street and is approximately 19 acres. Parcel S3 is located directly to the south of the existing RV Park and is the proposed Phase 2 site. Next slide, please.

[4:20:29] In

[4:20:38] early 2021, Sun Outdoors completed the RV park improvements, which included the construction of an RV park with a combination of RV stalls and park model stalls known as the phase one project.

[4:20:50] In accordance with the terms of Sun Outdoors lease, the district and

[4:20:53] sign negotiated an exclusive negotiating agreement, or ENA, to develop additional RV stalls and associated amenities on parcel S3 of the Chulavista Bayfront Master Plan.

[4:21:04] Partial S3 is directly to the south of the Phase I project site and is referred to as the Phase II project site.

[4:21:12] Next slide, please.

[4:21:16] Sun Outdoors has satisfied all requirements of the ANA to date and has been diligently working with District staff and the City of Chulavista on developing a project description for the Phase II project.

[4:21:27] The city has collaboratively worked with the district staff and

[4:21:31] Sun Outdoors to refine the project description and are supportive of the project description as presented today.

[4:21:37] The Phase 2 project is an extension of Sun Outdoors Phase 1 project and is estimated to cost $15 million.

[4:21:45] Sun Outdoors has collected market data from the North American Camping Reports, as well as their own proprietary database to determine market demand for additional RV sites.

[4:21:56] The data has proved that the demand for additional RV sites is greater than the supply that's causing the need for expansion.

[4:22:03] The Phase II project includes the following project elements.

[4:22:07] In RV Park with an additional 90 spaces, which are a combination of 78 RV stalls and 12 park models,

[4:22:15] guest amenities and maintenance buildings, an air-strain food truck, a pool and spa, roadway and circulation improvements,

[4:22:23] Utility, drainage, landscaping, and lighting installation, habitat restorations of seasonal wetlands, and parking.

[4:22:32] Representatives from Son of Dores and Tucker Sadler will provide a more detailed overview of the Phase 2 project in a few moments.

[4:22:39] Next slide, please.

[4:22:43] Stakeholder Outreach was conducted for the Phase 2 project prior to today's meeting.

[4:22:47] Stakeholder Outreach included meetings with the Wildlife Advisory Group or WAG,

[4:22:52] the Bayfront Cultural and Design Committee, or BCDC, and the Disability Community.

[4:22:57] The WAG met at a publicly noticed meeting on October 26, 2022.

[4:23:02] Members of the WAG asked some clarifying questions regarding the proposed palm trees in the Phase 2 project.

[4:23:08] Requested that Sun Outdoors continue monitoring the palm trees for

[4:23:11] raptor nesting and perching and to inform the WAG if any raptors are observed in the palm trees.

[4:23:17] The BCDC held it publicly notice meeting at the City of Chulavista on November 10, 2022.

[4:23:23] The BCDC determines that the Phase 2 project meets the applicable provisions of the Chulavista

[4:23:28] Bay Front Design Guidelines.

[4:23:31] Finally, stakeholders from the Disability Community met on November 16, 2022, where Son Outdoors

[4:23:37] and Tucker Sadler presented an overview of the Phase 2 project.

[4:23:42] Participants inquired about the following project components in terms of ADA compliance.

[4:23:47] The overall site layout and mobility throughout the site for the disabled community, whether

[4:23:52] all the showers, bathrooms, pool furniture, and convenience are accessible to the disabled

[4:23:56] community.

[4:23:58] And finally, whether the bed heights in the ADA park models will have enough clearance

[4:24:01] for a hoier lift to be underneath the bed and not be too high to transition in and out

[4:24:05] of.

[4:24:07] Simon Tucker, Sadler, walked the members through a site layout of the Phase 2 project

[4:24:11] and explained that the entire RV park, including all the showers, bathrooms, laundry facilities,

[4:24:16] pool, spa, and outdoor furniture are all ADA compliant.

[4:24:20] Next slide, please.

[4:24:24] Should the board authorize staff to commence environmental review of the Phase 2 project?

[4:24:28] Next steps will include commencement of the sequel and coastal review process.

[4:24:33] Upon completion, staff will take the SQL document, the PMPA, and CDP to the board for consideration, and seek permission from the board to file the PMPA application with the California Colston Commission.

[4:24:46] Staff's anticipating the Phase 2 project may be able to rely on a diminimus PMPA at this time.

[4:24:52] The Coastal Commission staff will process the PMPA application, and finally the Coastal Commission will consider and

[4:24:59] make a funnel.

[4:25:02] I will now turn the presentation over to Emerson Prosser from Son Outdoors and then Greg Mueller from Tucker Sadler to walk you through the phase two project in more detail. Thank you.

[4:25:20] Hi, I'm Emerson Prosser with the goes up. All right. Emerson Prosser, vice president of development with some communities and before Tucker Sadler talks, just really wanted to express our gratitude to be here a second time around.

[4:25:37] the park itself phase one is absolutely beautiful and I don't know if anybody

[4:25:43] if everybody here has had an opportunity to come tour our facilities but if not

[4:25:48] we would love to extend that. A big big part of the reason we want to move

[4:25:55] forward with phase two is just how tremendously popular it has been. I believe

[4:26:02] We've three of the four weekends last month.

[4:26:05] We ran over 98% occupancy in November.

[4:26:09] That is tremendous for us and we don't do that necessarily at all of our parks.

[4:26:16] And this is just a great facility and it's a compliment to the location.

[4:26:21] It's just absolutely beautiful.

[4:26:24] This facility also has one of the highest return from guests.

[4:26:30] So most guests have come multiple times, which again is a testament to the location.

[4:26:36] And I think we just truly happy to continue the relationship.

[4:26:39] It's been very strong, working with the staff and everyone has just been a wonderful relationship and we look forward to continuing.

[4:26:47] So thank you very much.

[4:26:53] Chairman and commissioners, thank you for allowing me to speak today for the record Greg Miller, Tucker Seller, architects representing the sound outdoors with the new design.

[4:27:06] So,

[4:27:14] the expansion of Phase I, which is true with this is, gives an opportunity to really capitalize on what the port schools are, providing access to the Bayfront, not just to locals, not just regionally, but throughout the United States and internationally, to the RV world that travels around.

[4:27:35] This is a phenomenal site, and as you've heard, has great success.

[4:27:40] The other great thing is that we've got park models.

[4:27:43] Park models are there for people who can't afford to buy an RV, but

[4:27:47] have the opportunity to stay and experience the park and

[4:27:51] experience the nature center and all the wonderful things that the two of us at Bayfront has to offer.

[4:27:58] As you can see, the roadway is connected at the turnabout, and

[4:28:03] And it does provide access back and forth to both sides of the parts of the amenities will be open to both sides of the expansion as well as the current operations next slide, please.

[4:28:20] We are using the same architectural style that we have in phase one, so the part is cohesive, so the same materials for the architecture on the building, right at the entry, which is very similar to the welcoming building that we have currently.

[4:28:36] at the RV park.

[4:28:38] You can see on the lower asymmetric,

[4:28:41] you can see that the roadway going in

[4:28:43] and the juxtaposition between the two buildings.

[4:28:47] Next slide, please.

[4:28:54] There we go.

[4:28:56] One of the things that we're doing with the,

[4:28:58] with this is that we are going to close

[4:29:00] the connection between E and F.

[4:29:04] We did do a traffic study on this

[4:29:06] to make sure that we have not caused any problems

[4:29:09] systems within the system that we are not overloading any of the intersections, in fact,

[4:29:15] we actually decrease numbers because of the fact that this is an RV park versus what

[4:29:20] was proposed there before and studied before.

[4:29:23] The portions of the sewer and water systems that will be placed on site will become private.

[4:29:29] We will be taken care of by some communities that you are seeing in red and blue.

[4:29:34] As the connection points are on from F and then run to E Street and connect both phases together and also provide services to the nature center.

[4:29:45] Next slide, please.

[4:29:50] Just a closer view of the welcome center which will have showers and laundry facilities for our guests and some of the-

[4:30:00] Some small little sundries for them. It will house the staff as well and meeting space for the staff. Extra storage as we were short on storage on the first phase. We'll give us a little bit more storage and maintenance facilities to maintain the facility at a high level of which it deserves. Next slide, please.

[4:30:26] This will actually be an air streamer. It will not be a food truck, which is shown in this rendering. Unfortunately, it was rendered with this food truck, but it will be.

[4:30:35] an air stream so it is more of an RV, purposes of doing that was to keep it in

[4:30:41] context with the RV world and using something that is associated with the

[4:30:45] RV, we thought it would be a unique way of providing the food outlet on this side

[4:30:51] of the facility versus a permanent building. You're looking at the pool, the pool has

[4:30:58] spas as well as pool which are fully accessible to anyone who is disabled and

[4:31:04] And then we have bathrooms and showers, outdoor showers at the pool area, as well as

[4:31:08] the cabanas for shade on this area.

[4:31:11] Next slide please.

[4:31:18] Just a quick little close-up of the rest of the facilities and the screening that we're

[4:31:22] doing for the pool equipment, we also use a sound attenuation wall, which actually, if

[4:31:29] you go to phase one and you stand right next to it, you can't even hear the machine is turning

[4:31:34] on at the pool area.

[4:31:36] So it does a very good job of deflecting the sound.

[4:31:38] Next, please.

[4:31:43] Landscape wise, we've been working with WAG to come up with a landscape palette that stays below 20 feet.

[4:31:49] So any type of plant that we do pick to stay below 20 which is the Raptor nesting height that they like.

[4:31:58] So we're trying to stay away from that and provide a landscape palette that is congruent with what the nature center needs.

[4:32:08] Next slide, please.

[4:32:12] And actually, I'm going to turn this back over to Amber.

[4:32:15] Thank you.

[4:32:22] Thank you, Greg.

[4:32:24] Staff would like to note that the board receiving the preliminary project presentation

[4:32:27] and authorization to commence CEQA today is just the beginning of the entitlement and CEQA process for the Phase 2 project

[4:32:34] and is not an approval of the Phase 2 project.

[4:32:38] Once the CEQA document, PMPA, and appealable CDP are complete,

[4:32:42] staff will return to the Board for its consideration, which at such time the Board will then make a decision on the Phase 2 project.

[4:32:50] Therefore, staff is recommending the Board authorised staff to commence environmental review in accordance with the California Environmental Quality Act,

[4:32:58] for the Son Outdoors RV Resort Phase 2 at the Chulavista Bay Front.

[4:33:03] This concludes staff's presentation.

[4:33:05] Staff and representatives from Son Outdoors and Tucker Seidler are available for questions.

[4:33:09] Thank you.

[4:33:09] Thank

[4:33:13] you. Do we have any public comment? No. We have no public comment. Okay. Do we have any commissioner?

[4:33:20] Commissioner Moore. Thank you. Thank you for the presentation. I'm very excited about this project.

[4:33:29] I think it's it's great. It's really a testament to the to the success of the existing RV park now as well as a

[4:33:37] a testament to the future success of the Chulavista Master

[4:33:41] Bay Front Plan.

[4:33:42] It's not every day that you can get an expansion of an use

[4:33:48] that's been there for a very short period of time.

[4:33:51] And I think we know the operator,

[4:33:54] we know the tenant, the developer, we know what quality work

[4:33:59] they do.

[4:34:00] And I think, again, that's really great to be able to continue

[4:34:04] to work with that operator, that tenant.

[4:34:09] I think for me too, it's very exciting because the use that this is replacing, this use

[4:34:16] is actually less intense and actually has a lower profile than what is under the existing

[4:34:23] plan right now.

[4:34:25] So I think that, again, is just strengthens the beauty of the plan in that respect.

[4:34:33] I did have a couple things that I wanted to ask, and that is I wanted one to make sure,

[4:34:41] understand that there was a traffic study done, but I know Persequa, you know, you analyzed for VMT,

[4:34:46] but what I'm really interested in, I'd like to make sure that we do a circulation plan.

[4:34:52] So, or not a circulation plan, but we look at the circulation, making sure that there's adequate

[4:35:03] So I wanted to make sure that that's part of, not necessarily part of CEQA, but that's something that's brought back to us with the project. And I believe there's already traffic study done. So I'm probably sure that it's mostly probably already complete. The other thing is, I'm wondering if instead of the trailer, maybe we can do an alternative design that basically looks at putting a structure there instead of a trailer.

[4:35:29] I'd like to see something, you know, a beautiful structure that somewhat matches the structure

[4:35:36] that is in the original first phase of the project.

[4:35:42] As an architect, I always wanted to design a structure.

[4:35:46] No, we would consider an alternative.

[4:35:49] We did look at the air stream as an opportunity to do something that would be constructed

[4:35:55] website and similar to some of the park models. But yes, we will take a look at doing something

[4:36:02] similar size. They'll say similar size to what it is, but a permanent structure. We'd be

[4:36:07] welcome to doing that. Okay, and something that kind of mirrors the look of the property across

[4:36:11] the way. And you know, I'm not sure where the other commissioners feel about that, but maybe

[4:36:16] doing, you know, both, you know, making sure the EIR, the environmental document,

[4:36:22] and it analyzes the permanent structure as well as a trailer and that maybe you come

[4:36:27] back and you show us the two and that we can take a look at it.

[4:36:32] And then also I wanted to commend, I know that this company that you have worked with

[4:36:38] the Nature Sent Living Coast Discovery Center and I have to say I appreciate that.

[4:36:43] I think there are great amenity also for your guests as well.

[4:36:48] and so I would encourage and that you continue to work with the Living Coast

[4:36:55] Nature Center and I'm wondering if I can get some type of commitment now that

[4:37:01] there would be some level of continuing to work with the Nature Center.

[4:37:07] They've been good partners. We have spoken on a regular basis and see no

[4:37:12] reason why we would not continue that partnership with them. Okay great all right

[4:37:16] super. Thank you very much. That's all the comments that I have.

[4:37:20] Commissioner Moore, your comments sounded suspiciously like a motion.

[4:37:24] I think I'm ready for that. So I would like to move the recommendation of staff, which is

[4:37:34] adopt a resolution of authorizing staff to commence environmental review and to add

[4:37:40] to that that there also be a circulation study prepared and that the plan

[4:37:46] incorporate a version that shows a structure instead of a trailer and I think

[4:37:54] that that would be fine for now.

[4:37:57] I'll second that. Okay we have a motion and we have a second by Commissioner

[4:38:02] Castellanos. The motion was by of course Commissioner Ann Moore. Any further

[4:38:07] comment. Okay, I just want to say thank you as well. Awesome design. Very exciting. Looking

[4:38:16] forward to seeing this open it. Well, looking forward to the environmental report and studying

[4:38:21] it. Alright, let's vote.

[4:38:29] I'm sorry. We're looking for this. Were you looking for the motion

[4:38:39] Okay, and it looks like we've lost Commissioner or Tassen from online so you all can vote using the voting software.

[4:39:02] Okay, we are in the home stretch.

[4:39:05] Motion passes unanimously with commissioners.

[4:39:09] Commissioner or Tassen.

[4:39:10] Oh, I think we're missing a vote, aren't we?

[4:39:12] Oh, we are.

[4:39:14] Oh.

[4:39:20] Maybe I should do that via roll call.

[4:39:22] My apologies.

[4:39:24] Could I do it via roll call so I can get commissioner Deymor's vote in.

[4:39:28] My apologies.

[4:39:29] Please vote when I call your name.

[4:39:31] Costiano's.

[4:39:31] Yes.

[4:39:32] Malcolm.

[4:39:33] Yes.

[4:39:33] A. More.

[4:39:34] Yes.

[4:39:34] Deymor.

[4:39:35] Yes.

[4:39:36] Naranjo.

[4:39:36] Yes.

[4:39:37] Duquette.

[4:39:37] Yes.

[4:39:38] Motion passed unanimously.

[4:39:39] Commissioners are test and excused.

[4:39:42] Okay.

[4:39:43] Okay, rounding the final curve, item 25, I'm sorry, item 23,

[4:39:54] I was at the finish line.

[4:40:05] Chair and commissioners, I'm going to do a quick introduction on this item, as it relates to a specific CEO action item.

[4:40:14] Last year, as part of my goals for you that I provided to you, one of those was to review the port procurement process looking for efficiencies effectiveness and DEI enhance our DEI capabilities.

[4:40:33] So, I immediately turn to Port Auditor Yielding and ask for his help on this project and he accessed on call with KPMG to help us with the project.

[4:40:48] We then followed up a little bit later with Black and Beach to do some additional benchmarking type things.

[4:40:53] And so, the staff is here to present the results on that.

[4:40:58] Over to you, Matt.

[4:40:58] That, thanks Joe, good afternoon Chairman Malcolm, commissioners, President and CEO of

[4:41:04] Stuyvesant and General Counsel Russell.

[4:41:07] I'm Matt Earl from the Court's Procurement Services Department.

[4:41:10] I'm here today with the Court Auditor and Mark Ealeen and with Simon Cahn from the Office

[4:41:14] of the General Counsel to present to you staffs recommended updates the Board of Court Commissioners

[4:41:20] policies 110 and 640.

[4:41:23] Throughout the course of this presentation I will refer to these policies as DPC 110 and

[4:41:28] the BPC 640.

[4:41:32] Next slide.

[4:41:35] By way of background, established in 1981, BPC 110 is the principal policy for the

[4:41:43] administration of contracts, agreements, goods and grants, and originally established

[4:41:49] in 1963, BPC 640 is the district's principal policy governing the adjustment and settlement

[4:41:56] of claims either against or on behalf of the district.

[4:41:59] I will now turn the presentation over to Port Auditor Mark Gildon for a few comments.

[4:42:14] Right.

[4:42:14] Hello, commissioners.

[4:42:15] Mark Gildon, Port Auditor.

[4:42:16] I'm here today to briefly highlight an observation and recommendation completed during

[4:42:21] the FY22 audit plan year.

[4:42:24] The audit was performed by the Office of the Port Auditor in conjunction with the accounting

[4:42:28] firm KPMG.

[4:42:30] Beginning with the observation, between July 2020 and June of 2021, approximately 55

[4:42:38] 75% to 65% of all of our non-construction contract solicitations required board approval,

[4:42:47] which is a higher percent when compared to KPMG's peer-leading practices and benchmarking

[4:42:54] of other public entities.

[4:42:56] As the current process requires a majority of agreements to require board of court commissioners

[4:43:01] approval, this potentially could result in delays, longer cycle times required for

[4:43:07] contract execution and staff resources.

[4:43:11] The audit recommended management perform a review of BPC 110

[4:43:16] and perform an analysis on the most recent year

[4:43:19] or a few years of solicitations to determine monetary threshold

[4:43:24] which would lead to approximately 20% of all solicitations

[4:43:28] to require board approval.

[4:43:32] The proposed changes management is about to cover in my opinion

[4:43:36] and sets a threshold that properly incorporates productivity, efficiency,

[4:43:42] considers inflation since 2013 and benchmarking of local peers.

[4:43:47] At the same time, management's response balances risk to the district and

[4:43:53] sets a threshold that does not materially increase the port's overall risk profile.

[4:43:58] And ensures the most material contracts continue to receive for consideration and approval.

[4:44:04] Thank you, and I will hand a presentation back to Matt.

[4:44:17] Thanks, Mark.

[4:44:19] Analysis reveals that between the January 2021 meeting, in this meeting today, a span of two years, approximately 34 fewer agenda items would have needed board approval at the recommended board thresholds.

[4:44:33] The staff time required to process an agenda varies widely depending on the type of agenda presented.

[4:44:38] An agenda for an amendment to a service agreement for a change order to a construction contract

[4:44:43] isn't overly time consuming, but when you get to as needed agreement agendas, where upwards

[4:44:49] of 20 firms are being recommended, the staff time necessary to draft review and approve increases

[4:44:54] substantially.

[4:44:56] The analysis reveals that a BPC-110 will be related to justice.

[4:45:00] The agenda takes more than 30 hours of staff time to prepare.

[4:45:05] Taking the number of agendas that would not have needed board agenda referenced previously, over the last two years reveals a time savings of over 1,000 hours over that same time span, or 510 hours per year of staff time saved.

[4:45:22] In addition to this calendar year, at the recommended board action thresholds, as much mentioned, the percent of agreements needing board action

[4:45:29] would reduce from 46% to 27% bringing us much closer to the recommended 20% of

[4:45:36] agreements needing board authorization by KPMG. Next slide.

[4:45:44] There are several

[4:45:44] key recommended changes to BPC 110. The first key change is an increase to the

[4:45:50] board authorization threshold. The board authorization threshold is the level

[4:45:55] at which when services or goods needs exceed this amount authorization by the board

[4:46:00] is required. Staff will continue to compete and need below this level, but only the

[4:46:06] items that exceed the new recommended Board Authorization Threshold will be presented to

[4:46:10] the Board. The Board Authorization Threshold is recommended to be increased from $175,000

[4:46:18] to $500,000. As shown on the table on the slide, the recommended increase is consistent

[4:46:26] with other local public agencies as revealed in the benchmarking efforts conducted by

[4:46:31] of lack of beach management consulting.

[4:46:35] All service and purchase agreements and amendments

[4:46:37] not requiring board authorization

[4:46:39] will continue to be reported to the board monthly

[4:46:42] in the monthly modification report

[4:46:44] contained in the weekly information

[4:46:46] to the board memorandum package as required by BPC 110.

[4:46:55] Next slide.

[4:46:57] The next key change is a slight expansion

[4:46:59] of the existing authority to delegate indemnity.

[4:47:03] Currently, the executive director and general counsel

[4:47:05] are authorized to identify other public agencies and educational institutions on service

[4:47:10] agreements that would not otherwise require board action.

[4:47:14] The recommended change would add not for proper organizations to this list and expand the

[4:47:19] authority to also include grant agreements that would not otherwise require board action.

[4:47:25] As an example, today the board was required to approve an indemnification of the county

[4:47:30] of San Diego on a pastor grant from the federal government that would no longer be

[4:47:35] required with this recommended change to BPC-110.

[4:47:42] The next key change is related to the authority to issue service agreement amendments in construction

[4:47:47] contract change orders on board authorized contracts and agreements.

[4:47:52] It has recommended this authority to be increased as shown on the slide.

[4:48:02] Next slide?

[4:48:08] The next key change to BPC-110 is an increase to the competition thresholds for services

[4:48:14] and goods.

[4:48:14] The services competition threshold is recommended to be increased from $90,000 to $125,000 and the

[4:48:23] goods competition threshold is recommended to be increased from $25,000 to $40,000.

[4:48:30] The competition threshold is a level where when goods or services needs exceed these amounts

[4:48:36] the competitive process is required.

[4:48:38] By a competitive process, we're referring to a request for bids, request proposals, request

[4:48:44] for qualifications among other options.

[4:48:49] The current services threshold was established in 2013, and the good threshold was established

[4:48:54] in 2011.

[4:49:00] Final key change, the final key changes to BPC 110 are what we consider to be administrators

[4:49:06] in clarifying in nature.

[4:49:08] Some of these changes are adding language, strengthening the districts commitment.

[4:49:14] to utilize in small businesses for a positive economic impact to the region,

[4:49:19] adding clarifying language to the existing process for single and sole-source

[4:49:24] procurements, and the overall outline format of the policy is updated.

[4:49:32] Next slide.

[4:49:34] Finally, there is one recommended change to BPC 640.

[4:49:39] It is recommended the language authorizing staff to accept indemnification

[4:49:43] and limitation of liability provisions in technology service agreements,

[4:49:47] be removed from BPC 640 and added to BPC 110,

[4:49:52] where other indemnity provisions were done.

[4:49:56] Next slide.

[4:49:57] the, I apologize to this is a, I apologize, I apologize, I apologize.

[4:50:21] Thank you for the presentation. Do we have any public comment? No, we have no public comment. Okay. Do we have any Commissioner comment? Don't be shy.

[4:50:40] No Commissioner comment.

[4:50:45] Happy to move staff recommendations.

[4:50:50] second. We have a motion and what's that a second motion around?

[4:50:54] Correct.

[4:50:55] Okay.

[4:50:58] Do we have any comment on the motion? Let's vote.

[4:51:08] I know that was a lot tougher than

[4:51:09] you thought it was going to be.

[4:51:11] The motion has been in the end, so it's going to be a short task next piece.

[4:51:16] Good move, putting it at the end of the agenda. Very strategic.

[4:51:21] Okay. Okay. On to item 24.

[4:51:44] Oh, there isn't. Okay. I'm in. Okay. I'm announcing the item.

[4:51:53] This is on board officers for next year. I see we have three public comments. Yes. Wow.

[4:52:01] Okay. I believe I've ever seen public comments on this item before. Okay. Let's let's take

[4:52:06] Hello,

[4:52:22] my name is Christina Christian-Jones, my pronouns are she heard, and I'm calling

[4:52:26] you in regards to agenda item 24.

[4:52:30] Dear Sheriff Malcolm and Board of Board Commissioners, I am writing to offer my perspective

[4:52:35] in the Board for the following slate of commissioners to serve the incoming officers for the Board

[4:52:40] of Commissioners for 2023.

[4:52:42] where I feel like the honor of a shared person, standing at I'm home as vice-chairperson and then yell more as Secretary.

[4:52:52] Before her role at Court Commissioner, Commissioner Moore has sat on board the advisory committees and is a member of community service organizations that have worked towards parties for justice and equality for all black people.

[4:53:05] This demonstrates her ability to fulfill their responsibilities as Secretary.

[4:53:10] Commisioner Rwanko's experience as that precarious 2022 has been amazing and exciting for community

[4:53:17] members like my folks to see and demonstrate parability to fulfill the responsibilities

[4:53:22] of vice-chair.

[4:53:23] Commisioner Kasiano's experience as vice-chair demonstrates his ability to fulfill the responsibilities

[4:53:31] of chair.

[4:53:32] California is in an exciting time for the governing parties have the opportunity to push back

[4:53:37] against anti-black racism, push back against heroes on politics, or black

[4:53:42] Indigenous, Latinx, and Asian communities are fitted against each other.

[4:53:47] It is so exciting to see the poor leadership get closer to modeling and

[4:53:51] governing body spaces, the solidarity, people from marginalized communities who

[4:53:57] live in San Diego County, have to want another industry. In the interest of

[4:54:02] fairness and representation, I encourage the Board of Commissioners to support the

[4:54:06] historical traditions and officer rotations between South-Based cities and San Diego, Marvogin

[4:54:13] for the upper slave.

[4:54:14] Thank you and enjoy your day.

[4:54:21] Hello, Chairman Malcolm and Board of Board Commissioners.

[4:54:25] My name is Dallas Vanosa.

[4:54:27] I'm calling on behalf of Communication Workers of America, the Oklahoma 9509, calling in

[4:54:35] for agenda item number 24, Regulation Electing Chairperson, Vice Chairperson and

[4:54:40] Secretary of the Board. I want to offer my support for the following

[4:54:44] play of commissioners to serve as incoming officers for the board of board

[4:54:49] commissioners for 2023.

[4:54:51] three.

[4:54:52] Prophecy of the annual shareperson,

[4:54:55] standing around full by shareperson,

[4:54:57] Daniel Moore, secretary.

[4:55:00] In the interest of fairness and representation, I encourage the Board for commissioners to support the historical tradition of officer rotations between South A city and San Diego by voting for the above lake. Thank you very much. Have a great chairman.

[4:55:20] Malcolm and Board of board commissioners. My name is Steven Gell. I'm calling on behalf of San Diego 350 regarding agenda item 24.

[4:55:31] for the resolution electing the officers of the board,

[4:55:35] Chairperson, Vice Chairperson, and Secretary.

[4:55:39] And I think it's important for the purposes of fairness

[4:55:43] and representation to follow the historical tradition

[4:55:47] of rotations between South-Based Cities and San Diego.

[4:55:51] Therefore, I urge you to vote for Rafael Castellanos

[4:55:57] as chairperson, sanding it on, ho, as vice-chairperson, and Danielle Moore, as secretary.

[4:56:05] Thank you for considering my wishes.

[4:56:09] Thank you.

[4:56:09] That concludes public comment.

[4:56:11] Thank you.

[4:56:12] All right, board, let's say you,

[4:56:19] Mr. Zouquette.

[4:56:20] Chair Malcolm, I'm happy to be the first to thank you and congratulate you for your service

[4:56:31] as chair, it will not be an adequate thank you.

[4:56:35] No, I will not accept another year, though.

[4:56:37] Yeah.

[4:56:39] I don't know.

[4:56:43] Those accolades will come over the next couple of weeks,

[4:56:46] but I just want to thank you so much for your service.

[4:56:49] I think a lot of people know that the port

[4:56:55] is a very chair driven organization.

[4:56:57] I didn't know until I was chair just how much work it was and I think those of us who have done it know it and you have just worked your tail off this year you are a true professional in your dealings with everybody of this organization including your colleagues and staff and the public and everybody else and it's just been a real pleasure watching you.

[4:57:26] I do wish you could do it for many more years,

[4:57:30] but that would make me unpopular.

[4:57:33] So I, but I just really want to thank you for this year.

[4:57:40] Thank you.

[4:57:40] Yeah, my wife would come hunting for you.

[4:57:43] Yeah, yeah.

[4:57:44] But thank you, I really appreciate that.

[4:57:45] Yeah, and it is a rich tradition here at the port

[4:57:50] of having such a strong chair, essentially,

[4:57:55] And I think it is one that has served the port well, and it's a tradition that I support.

[4:58:01] Another tradition I support is the regular rotation of our officers.

[4:58:08] And that means that next up is Rafael Castellanos, and speaking of true professionals at the port.

[4:58:20] and a person with endless talents and energy despite a lot going on in his life.

[4:58:28] Thank you so much for your service, Rafael. Thank you for being willing to do this this year,

[4:58:32] assuming you get the votes today. And I just want to thank you in advance.

[4:58:38] And so my motion to be to appoint Rafael Castellano-Sis-Chair,

[4:58:43] St. Nirono, as Vice Chair and Daniel Moore, as Secretary

[4:58:48] for the 2023 year.

[4:58:52] OK, we have a motion from Commissioner Zucat.

[4:58:57] We have a second.

[4:59:21] So hearing no second, the motion dies for lack of a second.

[4:59:28] So do we have another motion?

[4:59:31] I'm

[4:59:57] sorry, Chair.

[5:00:00] Can I try to make the same motion? Of course, yeah. Okay. I would like to make a motion for the next chairperson for 223, Rafael Castellanos, nominate myself for vice chair and down on more for Secretary. Okay. We have a motion on the floor. Is there a second? Okay. We have a motion and we have a second. There any comments to the motion?

[5:00:35] Hearing none.

[5:00:36] Let's please vote.

[5:00:57] Motion passes with Commissioner or Tassen excused and Commissioner Custin on this abstaining.

[5:01:05] Okay.

[5:01:06] Congratulations to the officers for 2023 and moving on to our final item, item 25, which is

[5:01:14] the review and consideration of the draft proposed Board Agenda for next month.

[5:01:19] I'm happy to say I wasn't prepped on this at all.

[5:01:27] We have a motion from

[5:01:34] Commissioner Castanas, we have a second from Commissioner Moore,

[5:01:42] any comments?

[5:01:43] Let's vote.

[5:01:49] Okay.

[5:01:51] Thank you.

[5:01:52] Motion passed you, man.

[5:01:52] So the Commissioner passed an excuse.

[5:01:56] So before I close the meeting, I just want to thank you all.

[5:02:00] It's been a pleasure working with you all.

[5:02:03] You guys are amazing, awesome, talented individuals.

[5:02:07] Each one of you bringing something incredible to the board.

[5:02:11] It really has been a true pleasure.

[5:02:13] I will have more to say later on that.

[5:02:16] I also want to thanks staff.

[5:02:18] I want to thank the people of this organization,

[5:02:21] Joe, from the top, on down to every single staff member.

[5:02:25] I started the year talking about the people of the court

[5:02:27] and how people make a difference.

[5:02:29] you guys have certainly proved it and then some.

[5:02:33] I am really, really grateful.

[5:02:35] We get to sit up here and we get to push buttons

[5:02:37] but the lion share majority of the work happens

[5:02:42] with you all and what awesome work you guys do.

[5:02:45] I could not be more happy and really just

[5:02:49] excited about the staff and the prospects going forward.

[5:02:53] With that, there are no other comments.

[5:02:55] Get to use this the last time, meeting adjourned, there you are.

Board of Port Commissioners on 2022-12-13 1:00 PM

Agenda

Transcript