DATE: April 12, 2022
SUBJECT:
Title
INFORMATIONAL UPDATE ON DIVERSITY, EQUITY, AND INCLUSION WORK AND INVITATION FOR FEEDBACK AND ANY DIRECTION TO STAFF
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EXECUTIVE SUMMARY:
Diversity, equity, and inclusion (DEI) is essential in all that we do for our success in serving our customers and communities where everyone has an equitable opportunity to thrive. This update is provided to inform and reaffirm our commitment to DEI while being transparent in our transformation to change mindsets, behaviors, practices, and polices to create and sustain a truly diverse, equitable, and inclusive workplace.
In recognition of DEI providing supplementary benefits like greater innovation, enhanced performance, and better decisions; and fueled by the Board’s commitment and interest in DEI matters, quarterly updates and periodic Board presentations are provided as part of the refreshed DEI framework at the Port to invite feedback and open dialogue for success.
RECOMMENDATION:
Recommendation
Receive staff’s informational update on diversity, equity, and inclusion work and provide feedback and any direction to staff.
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FISCAL IMPACT:
This agenda item has no fiscal impact.
Compass Strategic Goals:
Updates on our DEI efforts and achievements provides transparency and informs and reaffirms our commitment as well as setting expectations on how we operate and engage with others. This agenda item supports the following Strategic Goal(s).
• A Port that the public understands and trusts.
• A Port that is a safe place to visit, work and play.
• A Port with an innovative and motivated workforce.
• A financially sustainable Port that drives job creation and regional economic vitality.
DISCUSSION:
To be transparent and proactive in sharing information and inviting feedback in a timely manner, reports highlighting DEI program efforts including outreach, contract awards, workforce, and accessibility are provided in a quarterly report with periodic presentations to the Board. Today’s presentation highlights the last three quarters of Fiscal Year 2022 covering July 2021 through March 2022.
Overview: While feelings of inclusion and belonging are a goal, numerical data provides information on where we are and where gaps of opportunities exist to help identify actions to get us to where we want to be. Much of this report provides statistical data in outreach, contracting, and employment to be transparent in our efforts and to invite feedback to introduce new and innovative approaches to reach our broad equity goals and to foster an environment of inclusion and belonging.
In addition to the data, the following are highlights over the last nine months of fiscal year 2022: A DEI Council of ambassadors from across the organization has been formed to help guide the District in DEI matters and specifically developing the DEI Strategy-to-Task Plan with action items and timelines. The Council developed and implemented a hiring statement for our website careers page so everyone looking for employment at the Port would see that we embrace a culture of inclusion and value diverse backgrounds, experiences, and representation.
A DEI Climate survey was approved and will provide a baseline of how our employees are feeling in the workforce as it pertains to DEI. The survey data will provide important data to drive our overall goals of reflecting our customers and communities that we serve in both contracting and employment.
Additionally, there were multiple messages and postings of diverse events, culture, and awareness in conjunction with nationally recognized heritage months which were featured on our internal webpage and other internal and external informational venues including Board meetings. The information provides awareness and appreciation of the many contributions of our diverse communities.
Modifications to the procurement process to provide more transparency for a better understanding of our policies and processes. The enhancements include more detailed bidding information, outreach efforts, and evaluation criteria. Additionally, an Employment and Ownership Report requesting information about a contractor’s ownership and workforce by job categories and was incorporated into solicitations to better understand the ownership and workforces of the companies with whom the District does business. The ownership information will also help to identify and encourage businesses that are eligible for small, minority, woman, disabled veterans, or veteran status to seek certification.
Outreach: In the last nine months, DEI staff have attended 70 outreach events to share contracting and/or employment information to raise the awareness of our opportunities and invite all those interested to bid, apply, or seek more information on how to be successful at the Port. We continuously look for new communities and organizations to connect with and learn from to meet mutual goals of participation and representation in contracting and employment.
We continue to be part of the regional DEI consortium of professionals to learn and grow together and other collaborations such as Port Partners which is made up of Ports and other public entities with similar DEI goals and objectives, and the Public Agency Consortium of small business professionals in the San Diego area. Other resources and networking opportunities include industry focused organizations like the Society of Human Resources Management and Government Alliance on Race and Equity.
Contract Awards: The table below shows the dollars and percentage of contract awards for services, public works, and small contracts that are not required to be awarded by the Board. Many service awards are selected under best value criteria, public works are based on lowest responsive and responsible bidder, and most small contracts can be directly negotiated.
Small Business Enterprise (SBE) goals are set on a project-by-project basis when subcontracting opportunities and availability of SBEs exist. On best value solicitations, when no SBE goal is established, bonus points for SBE participation, DVBE or disabled staffing, and veteran status or veteran staff is offered as an incentive to include diversity on their teams. On public works projects, part of being a responsive bidder is to demonstrate that a good faith effort was made to achieve the SBE goal either by including at least the percentage of SBE participation established for the project or by documenting a good faith effort that would have reasonably met the SBE goal.
Solicitation language emphasizes that small businesses may (and often do) include minority, women, disabled veterans, and veteran-owned businesses since eligibility is based on economic status, i.e., gross revenues and/or number of employees based on industry.
Employment: A snapshot of the Port’s current workforce is shown on the table below and reflects an increase of five employees since the start of the fiscal year. Overall, women and Black, Indigenous, and People of Color (BIPOC), and Hispanics have increased by six, and by the double digits of 28, and 20, respectively. There continues to be underrepresentation of Women, BIPOC, Hispanics, Native Americans, and Asians in comparison to availability data in the San Diego County statistical area.
Accessibility continues to be incorporated into our DEI efforts to maximize access to all our programs, services, and facilities. Accommodations for disabilities as defined under state and federal laws continue to be evaluated on a case-by-case basis, including situations involving COVID-19 as applicable. And updates to BPC Policy No. 362: Americans with Disabilities Act, will be proposed to strengthen the goal to incorporate Universal Design with focus on development opportunities that become available in the future.
Looking forward we continue to outreach, network, partner, and seek active participation in the community; gather data for tracking, measuring, identifying best practices, and opening avenues for innovation; eliminate barriers to SBE contracting, such as looking at insurance, and prompt payment mechanisms; and evaluate SBE mentor/protégé programs, SBE preferences, HUBZone opportunities, and other enhancement ideas. We are also working on hiring and retention opportunities to attract and retain top talent that is diverse and representative of our communities that we serve. This includes looking at existing external programs like Hiring our Heroes and bringing back a refreshed Summer Student Worker Program and a robust Internship program. And we are excited to sponsor three women in the Advance Lead San Diego program which is a six-month course to elevate women to leadership roles through training and mentoring.
We look forward to many new and innovate efforts as a result of our DEI Climate survey as well as feedback from the community and the Board as we continue our journey to a diverse, equitable, and inclusive Port where everyone can thrive.
General Counsel’s Comments:
The General Counsel’s Office has reviewed the agenda sheet and attachments, as presented to it, and approves them as to form and legality.
Environmental Review:
The informational update on Diversity, Equity, and Inclusion work, including without limitation, does not constitute a “project” under the definition 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 the informational update 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 informational update in no way limits the exercise of this discretion. Therefore, no further CEQA review is required.
The informational update complies with Section 35 of the Port Act, which authorizes the Board to do acts necessary and convenient for the exercise of its power. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the informational update is consistent with the Public Trust Doctrine.
The informational update 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 Coastal Development Permit 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 informational update 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.
Diversity, Equity, and Inclusion Program:
This agenda sheets covers the DEI Program and includes District contracting and employment activities and achievements.
PREPARED BY:
Shirley Parsons
Manager, Diversity, Equity, and Inclusion