DATE: June 12, 2018
SUBJECT:
Title
RESOLUTION AUTHORIZING THE DISTRICT TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF SAN DIEGO TO RECEIVE LAW ENFORCEMENT/HOMELAND SECURITY GRANT “OPERATION STONEGARDEN” FUNDS IN THE AMOUNT OF $150,000 FOR FEDERAL FY 2017 AND GRANTING INDEMNITY TO THE COUNTY OF SAN DIEGO
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EXECUTIVE SUMMARY:
In Federal FY 2017, the Department of Homeland Security (DHS) awarded the San Diego County Sheriff’s Department (County) “Operation Stonegarden” Grant Program (OPSG) funds to coordinate the efforts of federal, state and local law enforcement agencies to raise border security by mitigating smuggling activities.
As a sub-recipient of DHS Operation Stonegarden grant funds for the past several years, the San Diego Unified Port District’s (District) Harbor Police Department (HPD) utilizes this funding for overtime/fringe benefits, fuel costs, vehicle mileage and vessel maintenance. HPD officers conduct maritime and landside patrols in order to provide an increased law enforcement presence in San Diego Bay, tidelands and coastal waters.
The County requires an agreement with the District in order for the District to receive Operation Stonegarden funding for Federal FY 2017. If the agreement is approved by the Board of Port Commissioners, the District will provide reimbursement requests to the County within 90 days of incurring qualifying expenditures as outlined in the agreement. District staff estimates that the District will qualify for approximately $150,000 in reimbursement for Federal FY 2017. The agreement also requires the District to indemnify the County for claims related to workers’ compensation and employment status.
RECOMMENDATION:
Recommendation
Adopt a Resolution authorizing staff to enter into an agreement with the County of San Diego to receive law enforcement/homeland security grant “Operation Stonegarden” funds in the amount of $150,000 for Federal FY 2017, and granting indemnity to the County of San Diego.
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FISCAL IMPACT:
Approval of this agenda will authorize staff to enter in to an agreement with the County of San Diego wherein qualifying District expenditures of approximately $150,000 will be reimbursed to the District under the Operation Stonegarden grant program. Qualifying expenditures are included in the District’s proposed FY 2019 budget. Funds required for future fiscal years qualifying expenditures will be budgeted for in the appropriate year subject to Board approval upon adoption of each fiscal year’s budget
Compass Strategic Goals:
This agenda item supports the following Strategic Goal(s).
• A Port that is a safe place to visit, work and play.
DISCUSSION:
Protecting the nation’s borders is a priority mission of U.S. Customs and Border Protection (CBP). The San Diego CBP has been making progress in controlling the border area; however, smugglers have continued to adapt and exploit other means of egress to the U.S. As levels of control of the border are raised, the frequency of criminal organizations utilizing boats to further their illegal enterprises has increased. Law enforcement partnerships between general, state and local entities are critical towards gaining control of these activities. DHS created the Operation Stonegarden (OPSG) grant program to facilitate partnerships through enhanced intelligence gathering/information sharing capabilities and increased law enforcement presence in border areas. HPD has been a participant since the initial grant award in Federal FY 2008, and has received more than $2M in OPSG funding through reimbursement.
HPD has and will continue to use its OPSG funding for overtime, fuel, vehicle mileage and vehicle/vessel maintenance. HPD officers will continue to conduct harbor and costal patrols to provide an increased marine law enforcement presence in San Diego Harbor and coastal waters. HPD partners with the United States Coast Guard, CBP and the Sheriff’s Department Border Suppression Team, conducting operations as intelligence dictates.
To receive reimbursement for costs related to these operations, the District must enter into an agreement with the County of San Diego that provides indemnity to the County as well as other conditions, as set forth in the proposed agreement. The proposed agreement is attached (Attachment A).
General Counsel’s Comments:
The Office of the General Counsel has reviewed the issues set forth in this agenda and has found no legal concerns as presented. Board of Port Commissioners (Board) - BPC Policy 110 does not require grant awards of less than $175,000 to be authorized by the Board, however, this agreement requires that the District indemnify the County of San Diego and therefore requires Board authorization. Pursuant to the agreement the District will enforce local and state laws and will not enforce immigration laws on behalf of Customs and Border Protection/Border Patrol.
Environmental Review:
The Board action, including without limitation, a resolution authorizing an agreement to receive law enforcement and homeland security funding and granting indemnity to the County of San Diego does 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 action or 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 current Board action in no way limits the exercise of this discretion. Therefore, no further CEQA review is required.
In addition, the proposed Board action allows for the District to implement its obligations under Sections 35, 55, and 81 of the Port Act, which authorize: the Board to do acts necessary and convenient for the exercise of its power; maintenance of a system of harbor police; and the use funds for necessary expenses of conducting the District. 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 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 (CDP) Regulations because it will 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. 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 Board’s action in no way limits 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:
Aimee Heim
Grants & Policy Manager
Attachment(s):
Attachment A: Agreement for the Fiscal Year 2017 Operation Stonegarden (OPSG) Grant