DATE: October 13, 2016
SUBJECT:
Title
ACCEPTANCE OF THE FEDERAL FISCAL YEAR 2016 (FY16) PORT SECURITY GRANT PROGRAM (PSGP) AWARDS AND BUDGET AMENDMENTS IN ORDER TO EXECUTE ON FY16 PSGP PROJECTS
A) RESOLUTION ACCEPTING THE FY16 PSGP AWARDS FOR A TOTAL AMOUNT OF $1,936,976 AND AUTHORIZING THE SAN DIEGO UNIFIED PORT DISTRICT (DISTRICT) TO ENTER INTO AWARD AGREEMENTS WITH THE U.S. DEPARTMENT OF HOMELAND SECURITY/FEDERAL EMERGENCY MANAGEMENT AGENCY (DHS/FEMA)
B) ORDINANCE AMENDING THE DISTRICT’S FY16/17 BUDGET INCREASING APPROPRIATIONS FOR THE ORDINARY ANNUAL EXPENSE BY $235,100, THE TMP CAPITAL PROJECTS BY $420,000, AND THE EQUIPMENT OUTLAY BY $299,300
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EXECUTIVE SUMMARY:
The PSGP purpose is to help protect critical port infrastructure from terrorism, enhance maritime domain awareness, improve port-wide maritime security risk management, and maintain or re-establish maritime security mitigation protocols that support port recovery and resiliency capabilities. The District was eligible to apply as two agencies: the District and Harbor Police.
The following projects received funding:
• Patrol Vessel Maintenance
• Patrol Vessel Data Communications System
• SCUBA Diver Location System
• Subsurface Scanning Sonar Devise
• Joint Maritime Unified Command and Emergency Operations Center
• Fiber Optic Phase 4a
The District’s award is $1,499,915 and Harbor Police will receive $437,061, for a total $1,936,976. The required cost match is $645,661. The performance period for these grant awards concludes on August 31, 2019 and all project work must be completed by this date.
In accordance with Board Port Commissioners (BPC) Policy 110, the above award allocations are being presented to the BPC for acceptance of award and for authorization to enter into grant award agreements with the DHS/FEMA. Further, BPC is being asked to increase the District’s FY16/17 budget by a total of $954,400 which represents the portion of the total grant award that is estimated to be expended by June 30, 2017.
RECOMMENDATION:
Recommendation
A) Adopt a Resolution Accepting the FY16 PSGP awards totaling $1,936,976 and Authorizing the District to Enter into Award Agreements with the U.S. Department of Homeland Security/Federal Emergency Management Agency
B) Adopt an Ordinance Amending the District’s FY16/17 Budget Increasing Appropriations for the Ordinary Annual Expenses by $235,100, the TMP Capital Projects by $420,000, and the Equipment Outlay by $299,300.
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FISCAL IMPACT:
Approval of these items will authorize the amendment to the District’s FY 16/17 budget as noted in the table below. Staff plans to fund this budget amendment from current year operations.
(1) Reflects June 15, 2016 approved budget (Ordinance 2862) and September 8, 2016 amendment (Ordinance 2873).
(2) Represents the FY16/17 portion of the total grant award including the required District match.
Compass Strategic Goals:
This agenda item supports the following Strategic Goal(s).
• A Port that the public understands and trusts.
• A thriving and modern maritime seaport.
• A Port that is a safe place to visit, work and play.
• A financially sustainable Port that drives job creation and regional economic vitality.
DISCUSSION:
The PSGP remains one of the only DHS/FEMA grant programs authorized by Congress and implemented by the Administration that directly supports maritime transportation infrastructure security activities. The District’s preparedness to deter crimes and acts of terrorism on tidelands and have the necessary equipment to quickly respond to emergencies or any hazards throughout the tidelands area and the region is largely due to funds received from this program.
On February 16, 2016, Secretary of Homeland Security Johnson announced the release of FY16 Notice of Funding Opportunity for PSGP. The District and the Harbor Police Department are considered two entities and may submit separate grant applications. The FY16 PSGP allows each applicant to submit a total of five projects for consideration. On July 28, 2015, DHS/FEMA announced program allocations of $1,936,976. The District was allocated $1,499,915 for two projects and the Harbor Police Department was allocated $437,061for four projects.
The following projects received funding:
• Patrol Vessel Maintenance
• Patrol Vessel Data Communications System
• SCUBA Diver Location System
• Subsurface Scanning Sonar Devise
• Joint Maritime Unified Command and Emergency Operations Center
• Fiber Optic Phase 4a
In accordance with BPC Policy 110, these awards are being presented to the BPC for award acceptance and to authorize staff to enter into grant award agreements with the DHS/FEMA.
As outlined above, staff recommends the Board accept the FY16 PSGP awards and approve the ordinance with the recommended budget amendments.
*Total Award from FEMA over a three-year period.
General Counsel’s Comments:
The General Counsel has reviewed and approve the Grant Award and Agreements and proposed budget amendment ordinance as to form and legality.
Environmental Review:
The proposed Board actions would accept the FY2016 PSGP awards, authorize District staff to enter into Award Agreements with the U.S. Department of Homeland Security/Federal Emergency Management Agency, and adopt an ordinance amending the FY16/17 Budget for six security-related projects. The security-related projects, including Patrol Vessel Maintenance, Patrol Vessel Data Communications System, SUCBA Diver Location System, Subsurface Scanning Sonar Device, Joint Maritime Unified Command and Emergency Operations Center, and Fiber Optic Phase 4a are Categorically Exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15301 (Existing Facilities), 15303 (New Construction or Conversation of Small Structures), and 15304 (Minor Alterations to Land) because the project in question would involve a negligible expansion of use beyond that previously existing, would have no permanent effects on the environment, and would not involve the removal of mature, scenic trees. In addition, all surface areas disturbed by the proposed project would be restored. No further action under CEQA is required.
In addition, the proposed Board actions comply with Section 87 of the Port Act, which allows for the construction, reconstruction, repair, and maintenance of highways, streets, roadways, bridges, belt line railroads, parking facilities, power, telephone, telegraph or cable lines or landings, water and gas pipelines, and all other transportation and utility facilities or betterments incidental, necessary, or convenient for the promotion and accommodation of any of the uses set forth in the section. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed Board actions are consistent with the Public Trust Doctrine.
Finally, the proposed Board actions are considered “excluded development” pursuant to Section 8.a (Existing Facilities), Section 8.c (New Construction or Conversion of Small Structures), and Section 8.d (Minor Alternations to Land) of the District’s Coastal Development Permit Regulations; therefore, issuance of a Coastal Development Permit is not required.
Equal Opportunity Program:
Not applicable.
PREPARED BY:
Victoria Joes
Manager, Grants & Policy, Government & Civic Relations
Attachment(s):
Attachment A: Grant Award and Agreement Harbor Police
Attachment B: Grant Award and Agreement District