DATE: December 10, 2019
SUBJECT:
Title
PRESENTATION OF THE SAN DIEGO UNIFIED PORT DISTRICT EQUAL OPPORTUNITY PROGRAM ANNUAL REPORT FOR FISCAL YEAR 18/19
Body
EXECUTIVE SUMMARY:
The Board of Port Commissioners (Board) will be presented with the San Diego Unified Port District Equal Opportunity Program Annual Report for Fiscal Year 18/19. The report highlights statistical data under the District’s diversity and inclusion, contracting, and the Americans with Disabilities Act programs.
RECOMMENDATION:
Recommendation
Receive presentation of the San Diego Unified Port District Equal Opportunity Program Annual Report for Fiscal Year 18/19.
Body
FISCAL IMPACT:
This presentation has no fiscal impact.
Compass Strategic Goals:
This agenda item is part of the reporting system to promote communications with the community and supports the following Strategic Goals:
• A Port that the public understands and trusts.
• A Port with an innovative and motivated workforce.
DISCUSSION:
The Equal Opportunity Program Annual Report provides an overview of activities and statistical data during the last fiscal year under diversity and inclusion, contracting, and the Americans with Disabilities Act (ADA). The data is collected to identify opportunities to attract a diversity of applicants and businesses, foster and retain an engaged and committed workforce, and to provide access for all.
Our success in attracting a diversity of applicants and contractors reflects our commitment to access and inclusion. It is also supported by the following Board of Port Commissioner (BPC) policies, documents, and procedures, along with our values of fairness and inclusiveness:
• BPC Policy No. 359: Equal Opportunity Contracting
• BPC Policy No. 361: Equal Employment Opportunity and Nondiscrimination
• BPC Policy No. 362: Americans with Disabilities Act
• Gender Transition Policy
• Disadvantaged Business Enterprise Policy Statement
• Small Business Enterprise Program
• ADA Transition Plan
• Administrative Procedures:
o #128-211: Encouraging Universal Design on District Capital Improvement and Major Maintenance Projects
o #128-212: Encouraging Tenants to Utilize Universal Design
o #128-261: Americans with Disabilities Act (ADA) Grievance Procedure for Settling Complaints
o #128-411: Small Business Enterprise (SBE) Goal Setting Methodology
Fiscal Year 18/19 marks the twenty-ninth year of program implementation.
Employees of the Port
Our workforce faces unique challenges on the waterfronts of five cities along San Diego Bay. We are an economic engine, a protector of the environment, a provider of community services and business support, and a host to residents and visitors.
Traditional workforce statistics in October 2019 include a total of 582 full-time employees with 211 (36.3%) women and 258 (44.3%) minority. Women and minorities make up 361 (62%) of the total workforce.
Since last fiscal year, our workforce increased by 29 employees. Women increased by 2 and minorities increased by 17. Other relevant actions during the year include the following:
While no hiring goals based on race or gender can be set for employment opportunities, we track this data to identify opportunities to enhance the District’s outreach and identify areas of opportunity to ensure equal opportunity in our employment practices. One indicator of diversity is to reflect the community we serve. This can be measured by comparing availability data with workforce representation. Availability data is an estimated percentage of individuals in a given group in comparison to the total population. An analysis of the District’s workforce in various job groups was conducted to identify areas where outreach could be enhanced (Attachment A). The analysis shows areas of success and areas of under representation in reaching or exceeding parity with availability data. Since the last analysis in FY 17/18, there continues to be under representation of women in the Technicians, Protective Services, Skilled Craft and Service Maintenance job groups. Minorities are underrepresented in the Technicians and Protective Services job groups. The data does not identify any significant changes in the workforce from last years’ snapshot.
Community Outreach
With the objective of creating diverse applicant pools from which to hire, outreach included: job fairs, community meetings, notices to District employees and community organizations, as well as social media and website postings. We also sent emails to those who completed an electronic Job Interest Card in the last year for posted opportunities. Additional outreach is conducted on a case-by-case basis.
Business outreach is also conducted to ensure that businesses know how to access opportunities, have networking and partnering venues, and to obtain technical knowledge. Outreach included 91 events, and focused on the following functions:
Some statistics from outreach includes:
• Employment applications received during the reporting period reached 9,266 of which 56.9% were minority (as shown earlier, 35 or 46.1% of 76 hires are minority).
• A total of 781 businesses registered in the District’s Planetbids portal: 140 (17.9%) are small, women, minority, or disabled veteran owned.
• The total number of businesses in the portal is 14,400; of which 3,703 (25.7%) are small, women, minority, or disabled veteran owned.
• From FY 17/18 to FY 18/19 the number of diverse vendors grew at a rate (3.9%) slower than the growth of total vendors (5.7%).
Based on this data, outreach efforts continue to attract a diverse pool of applicants and contractors.
Contract Awards
It is the policy of the District that all businesses are provided equal opportunity to participate in the performance of District contracting opportunities. The District is also committed to increasing small business participation for a positive economic impact to the region.
Additionally, equal opportunity staff ensures that workers on public works projects of $1,000 or more are paid the general prevailing rate of per diem wages for regular, holiday, and overtime work as required by California Labor Code Section 1771. Under labor compliance, in FY 18/19:
• 28 new projects were entered into the Department of Industrial Relations public works projects registration database, as required by Labor Code Section 1773.3; and
• 727 certified payroll records were submitted for review to ensure payment of prevailing wages.
Small business achievement during the reporting period is shown on the table below in Professional/Services, Public Works and the total awards:
Small contracts ($175,000 or less) continue to be an area of opportunity for small business participation and creating a pipeline in preparation for bigger projects. SBE participation on these projects was 31.4% and 15.3% were MBE/WBE/D/VBE. There were 299 awards to 225 different businesses, with only 43 of those businesses receiving 2 or more awards. This data reflects that where we can directly negotiate, we are utilizing a variety of businesses.
Accessibility
An Accessibility Advisory Committee (AAC) was appointed in 2002 to assist the District in ensuring that all services, programs, and facilities be fully usable and accessible to all. The eight-member committee assists the District in fostering a culture of access and inclusion by encouraging Universal Design. Seven meetings were held during this fiscal year, and included the following items that went before the AAC for feedback to maximize access:
• Follow-Up Presentation of Portside Pier Restaurant Redevelopment Project
• Presentation by HearCommunication on Helping Businesses Connect with the Hearing Impaired
• City of San Diego’s Powerpoint on Shared Dockless Mobility Devices
• Lobby/Lobby Bar Renovation, Manchester Grand Resorts, LP - dba Manchester Grand Hyatt San Diego
• Parking Garage Equipment, Bayfront Parking Garage and San Diego Convention Center Garage
• Wayfinding Signage Designs
• Wayfinding Signage at B Street Cruise Ship Terminal
• Chula Vista Bayfront Urban Greening Sweetwater Path
• Power Your Drive Program Application and ADA Considerations for Electric Vehicle Charging Stations
• Gaylord Chula Vista Resort and Convention Center Project
Members of the AAC also visited the Gaylord Texan Resort to experience an existing Gaylord property from a usable/accessible perspective, and a series of outreach to the educational and vocational communities was conducted to generate interest in serving as future AAC members.
Summary
Overall contracting and employment reflects continued growth in diversity. Analysis reflects normal industry fluctuations given variables including retirement, type of opportunities, and bidding requirements. Achievements are race and gender neutral, implementing District processes that include inclusive outreach and diverse perspectives in selection processes.
Moving forward, in order to continue working towards an inclusive culture where everyone feels a sense of belonging, being valued for who they are and essential to the success of the District, we will continue to work diligently to:
• Increase visibility, transparency and access to information and encourage feedback;
• Leverage technology and social media to reach all our communities and communicate our opportunities; and
• Develop awareness and training opportunities that support agility and being proactive.
Staff invites Board feedback on the equal opportunity programs.
General Counsel’s Comments:
The Office of the General Counsel has reviewed the agenda sheet and attachment as presented to it and approves them as to form and legality.
Environmental Review:
The proposed Board direction or action, including without limitation, presentation on San Diego Unified Port District Equal Opportunity Program Annual Report, does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
In addition, the proposed Board action complies with Section 35 of the Port Act, which allows the Board to do all acts necessary and convenient for the exercise of its powers. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed Board action is consistent with the Public Trust Doctrine.
Finally, the proposed Board direction or action does not allow for “development,” as defined in Section 30106 of the California Coastal Act, or “new development,” pursuant to Section 1.a. of the District’s Coastal Development Permit Regulations. Therefore, issuance of a Coastal Development Permit or exclusion is not required.
Equal Opportunity Program:
Not applicable.
PREPARED BY:
Shirley Hirai
Manager, Equal Opportunity
Attachment(s):
Attachment A: Workforce Analysis data as of October 2019