DATE: October 13, 2016
SUBJECT:
Title
RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO GRANT INDEMNITY TO THE CITY OF SAN DIEGO, QUALCOMM STADIUM ADVISORY BOARD, PUBLIC FACILITIES FINANCING AUTHORITY AND ALL OF ITS OFFICERS, AGENTS AND EMPLOYEES FOR ANY CLAIM ARISING OUT OF THE USE OF QUALCOMM STADIUM PARKING LOTS FOR THE HARBOR POLICE TO CONDUCT EMERGENCY VEHICLE OPERATIONS (EVOC) TRAINING
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EXECUTIVE SUMMARY:
In order to conduct state-mandated emergency vehicle operations training, the Harbor Police must utilize a facility with sufficient space to use vehicles in extensive cone and traffic patterns. The Port of San Diego Harbor Police is seeking to enter into a use permit for a period of five years to utilize the parking area at Qualcomm Stadium for these purposes, or any other Department mandated vehicle safety courses over that time period. While the amount of the agreement is within the Executive Director’s authority, the use permit requires the District to indemnity the City of San Diego, Qualcomm Stadium Advisory Board, Public Facilities Financing Authority, it’s officer, agents, and employees, in relation to the Harbor Police’s use of the facility. The granting of such indemnity requires Board approval. Given that the use of the facility is necessary for the Department to complete this state mandated training, staff recommends the Board authorize such indemnity.
RECOMMENDATION:
Recommendation
Adopt a Resolution authorizing the Executive Director to grant indemnity to the City of San Diego, Qualcomm Stadium Advisory Board, Public Facilities Financing Authority and all of its officers, agents and employees for any claim arising out of the use of Qualcomm Stadium parking lots for the Harbor Police to conduct Emergency Vehicle Operations (EVOC) training.
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FISCAL IMPACT:
The cost per use of the facility is $1100 per day. This will allow for 2 classes per day, for a total of 4 days in this current state cycle ending 12/31/2016. The total impact would be $4400 to be paid from Harbor Police Training Funds. Future training uses will be based upon state or department mandated needs and funding will be paid from Harbor Police training funds.
Compass Strategic Goals:
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.
DISCUSSION:
Under standards adopted by the California Police Officer Standards and Training (POST) Board, police officer must complete a minimum of 4 hours Emergency Vehicle Operations Training (EVOC). This involves officers driving vehicles through a cone-outlines course to teach skills related to turning, parking, and backing. These drills primarily deal with skills to learn about how to maneuver the vehicles through tight quarters, and how to drive safely to avoid collisions. This is a state mandated course with curriculum that is created to state standards and approved by POST.
Previously, Harbor Police have utilized open areas of Port Tidelands, such as the Motorcycle training facility in Chula Vista, or the open parking area along Harbor Island. At this time, these areas are not available or viable, and there are no other locations on Port Tidelands that will meet the POST safety requirements for a training location.
The San Diego Police Department has been using the Qualcomm parking lot site for many years. This area is large, clear of obstacles, and easily used for the purpose of EVOC operations / training. The Harbor Police have fostered a working relationship with the San Diego Police EVOC Training staff, and have been able to leverage this relationship to get the opportunity to use the facility.
The training class content and safety plan was created by Harbor Police EVOC staff. It was then vetted and approved by the California POST Board.
While the amount of the 5-year Use Permit is within the Executive Director’s authority, the permit requires the District to grant indemnity which requires Board approval. The indemnity language is as follows:
INDEMNIFICATION - Permittee agrees to defend, indemnify, protect, and hold the City, Qualcomm Stadium Advisory Board, Public Facilities Financing Authority and all of its officers, agents and employees harmless from any and all actions, suits, proceedings, liability, claims, demands for, damages or injuries to any person, including injury to Permittee’s officers, agents, and employees, and all claims which arise from, are directly connected with or attributed to the Permittee’s use and occupancy of the facility, parking lot and/or premises, negligence or failure to perform services or other obligations of this Permit, or are caused or claim to be caused by the negligence of Permittee, its officers, agents, or employees, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the City, Qualcomm Stadium Advisory Board, or the Public Facilities Financing Authority, their officers, agents or employees.
Permittee warrants and guarantees that all copyrighted material to be performed has been duly licensed or authorized by the copyright owners or their representatives and agrees to indemnity and holds harmless the City, the Qualcomm Stadium Advisory Board, and the Public Facilities Financing Authority Board and their officers, employees and agents from any and all claims, losses or expenses (including without limitations, litigation expenses and attorneys’ fees) incurred with regard thereto.
This Use Permit will allow the Harbor Police to complete this necessary training by the end of the POST training cycle (ending 12/31/2016). Requesting a five-year use agreement will allow Harbor Police to utilize this facility as needed for POST-mandated as well as other Department mandated training over that five year period. This will allow the Harbor Police Department more flexibility to plan and execute additional EVOC training as determined by Port District / Department needs.
Failure to complete this course would cause the Port of San Diego Harbor Police to fall out of POST Compliance. The Port of San Diego Harbor Police follow POST Compliance as a Best Practice for Law Enforcement training standards. This keeps the agency in step with County and State standards, as well as limits liability by demonstrating a standard of training.
General Counsel’s Comments:
The Office of the General Counsel has reviewed and approved the Use Permit, including the proposed indemnity clause, as to form and legality.
Environmental Review:
The proposed Board action to grant indemnity to the City of San Diego for use of the parking area at Qualcomm Stadium is Categorically Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (Class 1 - Existing Facilities) and Section 3.a (4) of the District’s Guidelines for Compliance with CEQA because the project in question will involve no expansion of use beyond that previously existing. No further action under CEQA is required.
In addition, the proposed Board action allows for the District to implement its obligations under the Port Act and/or other laws. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the Board action is consistent with the Public Trust Doctrine.
Finally, the proposed Board action will grant indemnity to the City of San Diego for use of the parking area at Qualcomm Stadium. The project site is located in an area that is not located within the Port Master Plan and is therefore not within the District’s coastal development permit jurisdiction. Per an email dated September 16, 2016, no additional approvals are required for the project.
Equal Opportunity Program:
Not applicable.
PREPARED BY:
Brian Jensen
Lieutenant, Harbor Police