DATE: August 18, 2020
SUBJECT:
Title
PRESENTATION ON EMERGENCY AUTHORIZATION OF $200,000 FROM DISTRICT MARITIME INDUSTRIAL IMPACT FUND TO PROVIDE RELIEF TO RESIDENTS IMPACTED BY THE BONHOMME RICHARD FIRE AT NAVAL BASE SAN DIEGO AND DIRECTION TO STAFF, AS NECESSARY
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EXECUTIVE SUMMARY:
On July 12, 2020 a fire erupted on the USS Bonhomme Richard, berthed at Naval Base San Diego, and continued to burn until it was extinguished on July 17, 2020 (Bonhomme Fire). The Bonhomme Fire was located in an area outside of the District’s jurisdiction, but its impacts could be felt by residents in communities adjacent the District. To assist these communities, at the July 14, 2020 meeting, the Board of Port Commissioners (Board) took emergency action to authorize the expenditure of two-hundred thousand dollars ($200,000) on services and goods that would provide needed relief to those individuals impacted by the Bonhomme Fire. The funds, allocated from the District’s Maritime Industrial Impact Fund, were to be split between the City of National City and the City of San Diego.
Staff subsequently entered into a Memorandum of Understanding (MOU) with the City of National City (Attachment A: MOU with the City of National City) to fund a two-phase program: Phase 1 involved securing 800 total hotel room nights spread over two nights at participating District hotels in order to temporarily relocate impacted residents; and Phase 2, still in development, contemplates the purchase of residential air filtration equipment for impacted residents in the City of National City and the City of San Diego. Phase 1 was an overwhelming success with a total of 681 hotel room nights occupied between July 15 - 16, 2020. The Phase 2 plan is expected to be finalized in the next few weeks once the balance of remaining funds is determined following Phase 1 and input from the Board is taken into consideration.
RECOMMENDATION:
Recommendation
Receive Staff’s Presentation and Provide Direction to Staff, As Needed
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FISCAL IMPACT:
This item is for presentation purposes only. At the July 14, 2020 the Board authorized $200,000 from the District’s Maritime Industrial Impact Fund and directed that the funds be split between the City of National City and the City of San Diego. The District released $100,000 of the authorized amount on July 17, 2020.
Compass Strategic Goals:
This agenda item supports the following Strategic Goal(s).
• A Port that the public understands and trusts.
• A Port with a healthy and sustainable bay and its environment.
• A Port that is a safe place to visit, work and play.
DISCUSSION:
On July 12, 2020 a fire erupted on the USS Bonhomme Richard, berthed at Naval Base San Diego, and continued to burn until it was extinguished on July 17, 2020. The fire released significant amounts of smoke and toxins into the area, which negatively impacted the surrounding neighborhoods, particularly those residents of the City of National City and the City of San Diego living in close proximity to the Bonhomme Fire area.
The Board took emergency action at the July 14, 2020 meeting to authorize the expenditure of two-hundred thousand dollars ($200,000) from the District’s Maritime Industrial Impact Fund (MIIF) on services and goods that would provide needed relief to those individuals impacted by the Bonhomme Fire. The MIIF was established in 2010 to help mitigate impacts such as diminished air quality in communities adjacent to the maritime industry and terminals. The program approved by the Board waived MIIF policy requirements including the portion that states the fund is for District maritime activities. The Board further directed that the funds be split between the City of National City and the City of San Diego.
The District, City of National City, City of San Diego, the Environmental Health Coalition, and 2-1-1 San Diego partnered to provide relief for households most affected by pollution from the Bonhomme Fire in the 91950, 92113, and 92102 ZIP codes (includes the City of National City and the City of San Diego’s Barrio Logan, Logan Heights, and Southcrest neighborhoods).
MOU with the City of National City
The District entered into an MOU with the City of National City which administered the two-phase program.
Phase 1 involved the provision of 400 hotel rooms per night for two nights (total of 800 room nights) at participating District hotels in order to temporarily relocate impacted residents. A total of 681 room nights were used over the two nights with approximately 400 families participating.
Phase 2, which has yet to be implemented pending input from the Board, will include the purchase of residential air filtration equipment for impacted residents vetted by the Environmental Health Coalition under a proposed agreement with the City of National City.
Next Steps
Staff will provide an update on the emergency expenditure and two-phase program at the August 18, 2020 Board meeting and seek input from the Board after which the details of Phase 2 will be finalized and Phase 2 will be implemented.
General Counsel’s Comments:
The Office of the General Counsel has reviewed this agenda sheet as presented to it and approves it as to form and legality.
Environmental Review:
The presentation on emergency authorization of District Maritime Industrial Impact funds and the Board’s direction to staff do not constitute an “approval” or a “project” under the definitions set forth in California Environmental Quality Act (CEQA) Guidelines Sections 15352 and 15378 because no direct or indirect changes to the physical environment would occur. CEQA requires that the District adequately assess the environmental impacts of projects and reasonably foreseeable activities that may result from projects prior to the approval of the same. Any project developed as a result of Board’s direction that requires the District or the Board’s discretionary approval resulting in a physical change to the environment will be analyzed in accordance with CEQA prior to such approval. CEQA review may result in the District, in its sole and absolute discretion, requiring implementation of mitigation measures, adopting an alternative, including without limitation, a “no project alternative” or adopting a Statement of Overriding Consideration, if required. The presentation and Board direction in no way limit the exercise of this discretion. Therefore, no further CEQA review is required.
The presentation and the Board’s direction comply with Sections 35 and 81 of the Port Act, which allow the Board to do all acts necessary and convenient for the exercise of its powers and to use District funds for expenses of conducting the District. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the presentation and the Board’s direction is consistent with the Public Trust Doctrine.
The presentation and the Board’s direction do 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 (CDP) Regulations because they would not result in, without limitation, a physical change, change in use or increase the intensity of uses. Therefore, issuance of a CDP or exclusion is not required at this time. However, development within the District requires processing under the District’s CDP Regulations. Future development, as defined in Section 30106 of the Coastal Act, will remain subject to its own independent review pursuant to the District’s certified CDP Regulations, PMP, and Chapters 3 and 8 of the Coastal Act. The presentation and the Board’s direction in no way limit the exercise of the District’s discretion under the District’s CDP Regulations. Therefore, issuance of a CDP or exclusion is not required at this time.
Equal Opportunity Program:
Not Applicable.
PREPARED BY:
Tony Gordon
Director, Real Estate
Attachment(s):
Attachment A: MOU with the City of National City