National City City Council
May 7, 2024

From: john acosta
To: CityClerk; Mayor John McCann, Chula Vista
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[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: CHULA VISTA UNSHELTER INFORMATION REQUEST
Date: Wednesday, May 1, 2024 12:13:29 PM
Attachments: CHULA VISTA UNSHELTER PROGRAM .pdf
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Chula Vista City Clerk May 1st, 2024
This is my second request for this information!
Will you Will kindly forward this information request kindly include attachment to Chula Vista Mayor, Chula City council members, city manager, Those working /participating or earning money from or employed in the shelter program.

Due to the lock of transparency, and clearly lock of Chula Vista Unsheltered improvement. I would like an itemized report regarding the unsheltered program (s) in Chula Vista That would include the following information.

1. What is the amount of money allocated for this program? What is the budget for each program if there is more than one?

2. How much money has it been used total for this year 2024.

3. What is the average pay for those managing the program?

4. How many people are employed in total.

5. How many people are employed for each program.

6. What is the average pay for those working with the clients?

7. Who is overall in charge of the unsheltered program(s)?

8. What is the total amount $$$$ already spent for each program if more than one?

9. How many employees does each program have.

10.What are the requirements/qualifications for those doing outreach?

11. What is the average pay for those working in the shelter facilities and what are their previous experience working for Chula Vista unsheltered

12.How many (total number) tiny homes are in Chula Vista

13.How many are they in use.

14.What is the reason that not all tiny homes have been used after all this time? and excuses.

15.How many unsheltered individuals have used them.

16.What is the average stay for how long?

17.What happened to them after they left?

18.How many repeated unsheltered clients (more than one time)

19.How many males? How many Females? How many males with children?

20.How many Females with Children? How many with both parents and children

21.How many unsheltered were able to stay with their pets? How many seniors?

22.Having a kennel is not acceptable. (you all know how I feel about Kennels and corrupt politicians)

23.How many disable physical restricted movement stayed at the shelter for how long? What happened to them after they left?

24.How many disables of other noticeable disability)

25.How many unsheltered came from other cities.

26. Imperial beach,

27.National City,

28.San Isidro,

29.San Diego
Thank you in advance is always satisfying when one is aware of how tax dollars are being spent.

Very Respectfully
John Acosta
Seniors and Veterans Advocate
Gerontologist ret.

USN ret.

Chula Vista City Clerk May 1
st, 2024
This is my second request for this information!
Will you Will kindly forward this information request to Chula Vista Mayor, Chula City council members, city manager, Those working /participating or earning money from or employed in the shelter program.

Due to the lock of transparency, and clearly lock of Chula Vista Unsheltered improvement.

I would like an itemized report regarding the unsheltered program (s) in Chula Vista
That would include the following information.

1. What is the amount of money allocated for this program? What is the budget for each program if there is more than one?

2. How much money has it been used total for this year 2024.

3. What is the average pay for those managing the program?

4. How many people are employed in total.

5. How many people are employed for each program.

6. What is the average pay for those working with the clients?

7. Who is overall in charge of the unsheltered program(s)?

8. What is the total amount already spent for each program if more than one?

9. How many employees does each program have.

10.What are the requirements/qualifications for those doing outreach?

11. What is the average pay for those working in the shelter facilities and what are their experience previous working for Chula Vista unsheltered

12.How many (total number) tiny homes are in Chula Vista

13.How many are they in use.

14.What is the reason that not all tiny homes have been used after all this time? and excuses.

15.How many unsheltered individuals have used them.

16.What is the average stay for how long?

17.What happened to them after they left?

18.How many repeated unsheltered clients (more than one time)

19.How many males? How many Females? How many males with children?

20.How many Females with Children? How many with both parents and children

21.How many unsheltered were able to stay with their pets? How many seniors?

22.Having a kennel is not acceptable. (you all know how I feel about Kennels and corrupt politicians)

23.How many disable physical restricted movement stayed at the shelter for how long? What happened to them after they left?

24.How many disables of other noticeable disability)

25.How many unsheltered came from other cities.

26. Imperial beach,

27.National City,

28.San Isidro,

29.San Diego
Thank you in advance is always satisfying when one is aware of how tax dollars are being spent.

Very Respectfully
John Acosta
Seniors and Veterans Advocate
Gerontologist ret.

USN ret.

From: alan mil
To: News ABC 10 San Diego; News ABC 7 KRCR Redding; News ABC 7 Los Angeles; News ABC 7 San Francisco; News American Spectator; News American Thinker Editor; News American Thinker Editor Andrea Widburg; News American Thinker Monica Showalter; News Arizona Republic Newstips; News Ballotpedia Editor; News Big League Politics; News CBS 8 KFMB San Diego Richard Allyn; News CBS KBAK 29 Fox 58 Bakersfield Now Bakersfield; News CBS KCAL 9 Los Angeles; News CBS KPIX 5 San Francisco; News Cheyenne WY Tribune Eagle; News Chula Vista Live Data; News CNN; News Coast News Group; News Coronado Eagle Journal; News Coronado Times; News Crescent City Times-Standard; News Daily Caller; News Daily Mail; News Daily News Los Angeles; News Del Mar Times; News Denver CO Post Editorial; News Encinitas Avocate; News Epoch Times NTD Evening News; News Epoch Times NTD Today News; News Epoch Times TV; News Fox 11 Los Angeles; News Fox 11 Los Angeles; News Fox 2 KTVU Oakland; News Fox5sandiego; News Fox 5 69 Sarah Alegre; 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Mayor Carlsbad Keith Blackburn; Mayor Chula Vista John McCann; Mayor Coronado Richard Bailey; Mayor Del Mar Tracy Martinez; Mayor El Cajon Bill Wells; Mayor El Cajon Bill Wells; Mayor Encinitas Tony Kranz; Mayor Escondido Dane White; Mayor Imperial Beach Paloma Aguirre; Mayor Lemon Grove Racquel Vasquez; Ron Morrison; Mayor Ocean Side Esther Sanchez; Mayor Poway Steve Vause; Mayor Rancho Pales Verdes John Cruikshank; Mayor San Diego Todd Gloria; Mayor San Marcos Rebbeca Jones; Mayor Santee John Minto; Mayor Solana Beach Lesa Heebner; Mayor Vista John Franklin; SANDAG Coleen Clementson Interm CEO 2024; SANDAG Francesca Clerk Of The Board; SANDAG John Kirk General Counsel; SD County Admin Helen Robbins Meyer / Michael Vu; SD County Agenda Clerk Email Agenda Item Date Name; SD County Agenda Clerk Email Agenda Item Date Name; SD County Court Clerk Andrew Potter; SD County DA Public Affairs Officer Tanya Sierra; SD County DA Summer Stephen District Attorney; SD County Michael Vu; SD County Supervisor Chair District 1 Nora Vargas; SD County Supervisor District 2 Joel Anderson; SD County Supervisor District 3 Terra Lawson Remer; SD County Supervisor District 4 Monica Montgomery; SD County Supervisor District 5 Jim Desmond; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Chula Vista City Clerk - Kerry Bigelow/ Tyshar; Chula Vista Council 1 Carolina Chavez; Chula Vista Council 2 Jose Preciado; Chula Vista Council 3 Alonzo Gozalez; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Del Mar Council Dan Quirk; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Imperial Beach City Council Carol Seabury; [email protected]; [email protected]; [email protected]; City Clerk-City of La Mesa; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Clerk; Luz Molina; Jose Rodriguez; Ditas Yamane; Marcus Bush; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; San Diego City Clerk Diana Fuentes; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; sjenkins@sanmarcos.net; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: Fwd: SANDAG NEEDS TO BE RESHAPED IN THE PUBLIC INTEREST & NOT READY FOR FEDERAL CERTIFICATION Date: Wednesday, April 24, 2024 7:16:28 AM
Attachments: Transnet 1988-2048.jpg
SANDAG 125 Transnet Freeways Cancelled.jpg
SANDAG 15 Expressway Transnet Lie.jpg
2024-04-26 ACTION PLAN DATED APR 5 ATT 1B AGENDA #9.pdf 2024-04-26 AGENDA #11 (REMOVING SR-125 TOLLS).pdf
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COPY TO
NEWS
MAYORS

CITY COUNCILS

SANDAG REPS

COUNTY SUPERVISORS

COUNTY DISTRICT ATTORNEY

STATE REPS
@CLERKS - For the next council/board meetings please attach entire email including JPGs and PDFs into public record non agenda public comment.

Please see attached PDFs and forwarded email below

ENTIRE COUNTY AFFECTED WHEN

COMMERCE FROM BORDER

COSTS MORE TO DELIVER
SANDAG proposing after removal of Toll on "Free"way 125 CONVERT ENTIRE 125 INTO PERMANENT MANAGED LANE
CAR POOL OR FOR MOST DRIVERS THAT CANNOT CAR POOL WILL CONTINUE TO PAY TOLL. THIS THE SAME AS FREEWAY 15 MANAGED LANES THAT FEW DRIVE RESULTING IN REGULAR LANES CLOGGED OF TRAFFIC. THE DIFFERENCE HERE IS THE ENTIRE 125 LANES PROPOSED CONVERTED TO MANAGED PAY A FEE TOLL LANES!
SANDAG AGENDA 11 APRIL 26 2024
https://docs.google.com/gview?
url=https%3A%2F%2Fgranicus_production_attachments.s3.amazonaws.com%2Fsandag%2F0af1951d5a5a586528f0a355c2f788960.pdf&embedded=true SANDAG IGNORES TRANSNET TAX THAT LISTED FREEWAY EXPANSION 125 THAT PROMISED VOTERS

FREEWAYS NOT TOLL ROADS OR MANAGED LANES
1988 TRANSNET TAX DOES NOT EXPIRE UNTIL 2048 YET SANDAG PROPOSING YET ANOTHER

ADDITIONAL TAX THIS NOVEMBER BALLOT

VOTE NO

SANDAG TAX

NOVEMBER BALLOT
WHO GETS THE "EQUITY FOR ALL" FREE OPTION?
"Convert all existing lanes to managed lanes: Converting the toll road to a fully managed facility is believed to be a lower cost to implement and with less environmental impacts. It also would be consistent with SANDAG Resolution 2023- 22. A fully managed facility could be operated in a variety of ways to address specific goals related to traffic and equity, including ensuring there is always a free option. This would provide an alternative to toll - only operations, allow for debt repayment sooner, and provide funds to reinvest in the corridor for operating and maintaining the roadway into the future. As such, this is the alternative included in the 2035 phase of the initial concept for the 2025 Regional Plan." https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/2573900/Item_11_-_Process_for_Removing_Tolls_on_SR_125.pdf --
Alan Curry
Transnet 1988-2048.jpg
SANDAG 125 Transnet Freeways Cancelled.jpg
SANDAG 15 Expressway Transnet Lie.jpg
---------- Forwarded message ---------
From: Paul
Date: Tue, Apr 23, 2024 at 5:54 PM
Subject: SANDAG NEEDS TO BE RESHAPED IN THE PUBLIC INTEREST & NOT READY FOR FEDERAL

CERTIFICATION
To: Asmbly Boerner-Horvath (77) <[email protected]>, Asmbly David Alvarez (80 CV) <[email protected]>, Asmbly Laurie Davis (74) <[email protected]>, CA Asmbly Akilah Weber (79-La Mesa) <[email protected]>, CA Asmbly Maienschein (76) <[email protected]>, CA Asmbly Marie Waldron (75) <[email protected]>, CA Asmbly Ward (78) <[email protected]>, CA Senator Blakespear <[email protected]>, CA Senator Brian Jones (40) <[email protected]>, CA Senator Kelly Seyarto (32) <[email protected]>, CA Senator Steve Padilla (18 CV) <[email protected]>, CA Senator Toni Atkins <[email protected]>
Cc: DOT Certification <[email protected]>, CV Live Data Robert Johnson <[email protected]>, ABC 10 San Diego <[email protected]>, Fox 5 69 San Diego <[email protected]>, Fox 5 69 San Diego <kswb[email protected]>, KOGO Carl DeMaio (Reform California KOGO DeMaio Report) <[email protected]>, KOGO Mark Larsen Radio San Diego <[email protected]>, KOGO Mike Slater <[email protected]>, KPBS San Diego <[email protected]>, KUSI 51 San Diego <[email protected]>, KUSI Mark Mathis <[email protected]>, KUSI Teresa Sardina <[email protected]>, La Prensa San Diego <[email protected]>, NBC 7 San Diego <[email protected]>, Escondido Times-Advocate <[email protected]>, Rancho Santa Fe Review <[email protected]>, Del Mar Times <[email protected]>, San Diego UT Senior Editor <[email protected]>, San Diego UT Community Op Ed <[email protected]>, Times of San Diego <[email protected]>, Voice of San Diego <[email protected]>, Advocate <[email protected]>, Coronado Times <[email protected]>, La Jolla Light Editor <[email protected]>, Chula Vista Star News <[email protected]>, Carlsbad Coast News (also San Marcos Vista & Oceanside <[email protected]> Dear Senators and Assembly persons,
SANDAG underwent an investigation by its internal independent auditor for mischarging tollpayers on the SR-125 although they had reason to know the system didn't work for 6 years. It is apparently under investigation by the DOJ as well.

The SANDAG investigation Management response was not made available to the public or even to this board on time. The deadline was Monday 4/8. But even though the response was dated Monday and some of the documents were dated a few days earlier, Management seems to have waited until Wednesday 4/10 after business hours to deliver them. The next meeting, when the Board scheduled a discussion on the response, was Friday, and then it suddenly cancelled (postponed) even that.

An evening and a day is not enough time to seriously read and study this document.

And to be honest, I (not the only one) speak slowly and the one minute almost always allowed - 4 or 5 paragraphs - for speaking (not the 3 minutes mentioned in every agenda) is one reason I am sending written comments.

Shows Management's contempt for the Board and for due process. We need to hold management accountable for this. If it cannot co-operate with its own Board of Directors, we need to get rid of it. In April, The Union Tribune also suggested this. Maybe the FBI will do this for us.

In fact, this is why I am writing to you. My personal feeling is that SANDAG needs to be reconstituted with as little political as opposed to professional (I mean people who advocate for transportation) influence as possible. I think that there should be a Board of Directors composed of Mayors or their Representatives, and that one of them, not an outsider, should be the Board Chairperson. I do not think that SANDAG should have the option of a weighted vote. I think each Boardmember's opinion should count equally.

Also, I do not like the way that SANDAG puts pressure on its Board to do things (see item 11 on the current agenda (attached) where staff apparently included option 3 in the 2025 regional plan with little to no public discussion.) The last years, my overall impression is that SANDAG has put pressure on the Board more or less like an ad campaign, often at the expense of a full discussion of issues. Its reputation and ability to act freely have been severely diminished.

It is not helpful either that the Board wants to approve more funds for Transnet (which includes the SR125.) I'm not sure how the Transnet funding eligibility request can be approved when the books were cooked and the responsible party is the one asking for more funds. And I mean someone who classes a few million dollars as immaterial ignoring the fact that the mistakes happened over 6 years and hurt people as well as wasting taxpayer money on a problem which could have been fixed earlier is disgraceful.

The whole thing walks, talks, and smells like a cover-up.

I hope that you will give some thought to resolving this issue. I do not think that SANDAG needs to be recertified by the Department of Transportation either.

Here is what I think about Management Response to the SR 125 Investigation (Item 9 on the current agenda):

Management's basic position seems to be - see nothing, hear nothing, say nothing, except that there's a plan and reveal as little else as possible. Management failed to present its response on time, and I hope it has its response to the FBI ready as well.

I think it is pathetic that the report still suggests that Management actually did anything at the April 12 meeting. Yet the response keeps saying "Management accepts this recommendation and will incorporate it into the Toll Operations Action Plan presented to the Board at its January 12, 2024, meeting. In fact, there was no such presentation at the meeting.

Then the action plan (attached) has alot of inconsistencies and omissions. For one thing, it is still dated 4/5, which leaves me wondering if they have done anything since then or altered the plans.

It says "Launch Contract Management Support Unit to oversee effective administration of awarded contracts, proactively communicate, and help address any contract performance issues." is in progress.

Well with all of the contracting and related scandals of the past years, this should have been done already. Waiting for more contract fraud to happen?
It says "Update procurement policies." is complete. But there is no detail to show with this. Perhaps there is need for further change?
It says "Complete assessment of Toll Operations and develop Toll Operations Improvements Plan to address staffing, policies, procedures, structure, and ongoing management of the system. Phase I" is complete. How much did Phase I improve? It would be nice to have detail on both Phases.

It says "Complete reconciliation of customer records that did not balance in the general ledger: is in progress. But then "Complete reconciliation of customer records that did not balance in the general ledger"' is completed. How can the reconciliation be completed before all the records are identified? It says "Evaluate if DMV Hold Functionality can be implemented as part of New Back-Office System Launch and identify interim collection options." apparently, this function was part of the original toll system, so why is it only in progress?
Last for the plan, it has an item "Requirements gathering/Outcome Matrix Approval." No detail, so we do not know what requirements or matrix. Are we running a secret society here? And in attachment 5, the Board Questions, where contracts are issued based on weighted scores before an actual interview suggest to me that data is more important than people.

I think that the question "Why go live with the ETAN Fastlane system if it was not ready to be deployed?" was more rhetorical. There is no excuse for deploying an unready system when you're dealing with real world people.

Then, management has the nerve to say "We are aware of isolated incidents of customers being mischarged, which we addressed as soon as we were made aware [the 100 transactions cited in the Investigation Report and December 8, 2023] However, based on the information we have at this time, it appears that the software failures are primarily a general ledger issue and not a customer account issue." This whole thing, the lawsuit, the Board discussion, the investigation, was based on way more than 100 bad records and who cares what ledger if the result causes harm to someone? Another reason why Management needs to resign and the Board of Directors needs to be reshaped.

Regards,
Paul Henkin
From: john acosta
To: CityClerk
Cc: News ABC 10 San Diego; News ABC 7 KRCR Redding; News ABC 7 Los Angeles; News ABC 7 San Francisco; News American Spectator; News American Thinker Editor; News American Thinker Editor Andrea Widburg; News American Thinker Monica Showalter; News Arizona Republic Newstips; News Ballotpedia Editor; News Big League Politics; News CBS 8 KFMB San Diego Richard Allyn; News CBS KBAK 29 Fox 58 Bakersfield Now Bakersfield; News CBS KCAL 9 Los Angeles; News CBS KPIX 5 San Francisco; News Cheyenne WY Tribune Eagle; News Chula Vista Live Data; News CNN; News Coast News Group; News Coronado Eagle Journal; News Coronado Times; News Crescent City Times-Standard; News Daily Caller; News Daily Mail; News Daily News Los Angeles; News Del Mar Times; News Denver CO Post Editorial; News Encinitas Avocate; News Epoch Times NTD Evening News; News Epoch Times NTD Today News; News Epoch Times TV; News Fox Cable Insider; News Fox 11 Los Angeles; News Fox 2 KTVU Oakland; News Fox5sandiego; News Fox 5 69 Sarah Alegre; 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News Washington Examiner Max Thornberry Breaking News Editor; News Washington Examiner W James Antle III Politics Editor; News Washington Post; News Washington Times Cathy Gainor Managing Editor; News Washington Times Charles Hurt Opinion Editor; CA Advisor D Newsom Ann Oleary; CA DA D Rob Bonta; CA DA Deputy D Matthew Struhar; CA Governor D Gavin Newsom; CA Rep (74) R Laurie Davis; CA Rep (75) R Marie Waldron; CA Rep (76) D Brian Maienschein; CA Rep (77) D Tasha Boerner-Horvath; CA Rep (78) D Christopher Ward; CA Rep (79) D Akilah Weber; [email protected]; Kevin Kiley CA State Senator; CA Rep (Fed 48th) R Darrell Issa; CA Senator (11) D Scott Weiner; Senator Padilla; CA Senator (32) R Kelly Seyarto; CA Senator (38) D Catherine Blakespear; CA Senator (39) D Toni Atkins; CA Senator (40) R Brian Jones; Mayor Carlsbad Keith Blackburn; Councilmember John McCann; Mayor Coronado Richard Bailey; Mayor Del Mar Tracy Martinez; Mayor El Cajon Bill Wells; Mayor El Cajon Bill Wells; Mayor Encinitas Tony Kranz; Mayor Escondido Dane White; Mayor Imperial Beach Paloma Aguirre; Mayor Lemon Grove Racquel Vasquez; Ron Morrison; Mayor Ocean Side Esther Sanchez; Mayor Poway Steve Vause; Mayor Rancho Pales Verdes John Cruikshank; Mayor San Diego Todd Gloria; Mayor San Marcos Rebbeca Jones; Mayor Santee John Minto; Mayor Solana Beach Lesa Heebner; Mayor Vista John Franklin; SANDAG Coleen Clementson Interm CEO 2024; SANDAG Francesca Clerk Of The Board; SANDAG John Kirk General Counsel; SD County Admin Helen Robbins Meyer / Michael Vu; SD County Agenda Clerk Email Agenda Item Date Name; SD County Agenda Clerk Email Agenda Item Date Name; SD County Court Clerk Andrew Potter; SD County DA Public Affairs Officer Tanya Sierra; SD County DA Summer Stephen District Attorney; SD County Michael Vu; SD County Supervisor Chair District 1 Nora Vargas; SD County Supervisor District 2 Joel Anderson; SD County Supervisor District 3 Terra Lawson Remer; SD County Supervisor District 4 Monica Montgomery; SD County Supervisor District 5 Jim Desmond; [email protected]; [email protected]; [email protected]; priya.bhat[email protected]; [email protected]; CityClerk; Chula Vista Council 1 Carolina Chavez; Jose Preciado; Chula Vista Council 3 Alonzo Gozalez; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Del Mar Council Dan Quirk; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Imperial Beach City Council Carol Seabury; [email protected]; [email protected]; matthew.leyba[email protected]; City Clerk-City of La Mesa; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Clerk; Luz Molina; Jose Rodriguez; Ditas Yamane; Marcus Bush; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; San Diego City Clerk Diana Fuentes; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; sjenkins@sanmarcos.net; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: May 7th meeting
Date: Tuesday, May 7, 2024 10:21:18 AM
Attachments: MAY NEW 7.pptx
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

City Clerk kindly forward this email to Chula Vista Mayor, city council. add this email to public comments
agenda item 6
make link with pictures assessable and available to be seen online added to permeate records
===================================================================================== District 4 Council Member Representative
I contacted your Office asking for your assistance for
an over 90 + years old lady,
By the time that I received an answer with a telephone number it was a too little too late Just a note Seniors in Chula Vista are being overlooked.

I’m willing to meet with you and the rest of the council to come up with a plan. 3 minutes in public speaking is not sufficient, Nor would I get an answer during council meetings.

If interested.

Let me know when where and what time.

Thank you in advance
Very respectfully
John Acosta
Elderly and Veteran Community Advocate
Dictionary
Definition
cartel
noun
car·tel kär-ˈtel
Synonyms of cartel
1 : a written agreement between belligerent nations
2 : a combination of independent commercial or industrial enterprises designed to limit competition or fix prices illegal drug cartels
3 : a combination of political groups for common action A cartel is an organization of a few independent producers for the purpose of improving the profitability of the firms involved.

Democrats have Long benefited from alliances with teacher unions, campus radicals, and the bureaucrats who run the college cartel.—Frederick M. Hess and Michael McShane, TIME, 10 Apr. 2024

Jose Preciado
Admin
Top contributor
Folks- if elected
again...what are
you going to do
for justice.

Councilman Preciado was previously a business partner
with Jesus Cardenas in a company called Innovation
Media Group, LLC, where Cardenas served as President
and CEO while Preciado was the Board Chairman and
Chief Information Officer.

Preciado resigned his position with the company and left the partnership at the end of 2013.

The company’s ability to conduct business in California was later suspended by the Franchise Tax Board in 2014 for
faiure to file its tax returns, and seems to have been
abandoned sometime after that date. The company’s
website also listed Andrea Cardenas as part of their “team Discovery surrounding newly appointed Chula Vista councilmember stirs contention in South Bay
San Diego News Desk1 year ago08 mins
• by: Sarah Alegre
• CHULA VISTA, Calif. – Leaders in Chula Vista appointed Alonso Gonzalez to represent district three of the city,
• but now that decision is raising questions. Councilmember Gonzalez took his oath of office last week, but residents raised concerns at a city meeting Tuesday over his outstanding debt and previous DUI conviction.
• The findings regarding Gonzalez revealed an outstanding fine, a foreclosed property, a suspension of two business licenses, along with a DUI conviction. • “Can the public trust Gonzalez to handle the affairs and make the decisions for us based on the information that we now know on his financial problems. Is it the best interest of the city and public?”
• CHERYL PEREZ, CHULA VISTA RESIDENT
Former deputy city manager sues city of Chula Vista over $199K in unpaid severance.

Eric Crockett claims the city withheld the money when he refused to sign a separation agreement.

BY TAMMY MURGAREPORTER MARCH 29, 2024 11:31 AM PT
CHULA VISTA —Eric Crockett, a former deputy city manager and director of economic development for Chula Vista, is suing the city, alleging the municipality owes him thousands of dollars in unpaid severance after he was fired in December.

According to the 26-page complaint filed last week in San Diego Superior Court, Crockett’s employment with the city ended on Dec. 5 during a meeting with City Manager Maria Kachadoorian and Assistant City Attorney Megan McClurg.

Kachadoorian allegedly told him that he was being fired because “he was not a good ‘fit’
(without cause and for the convenience of the City)” and that he would be paid $198,762 in severance pay, the complaint said.

Crockett’s attorney, Michael Campbell, declined to comment. The city also declined.

Crockett said the severance pay was required by his contract, so he refused to sign the agreement and told the city any attempt to link the two was “illegal and unethical.” Additionally, Crockett says he was discriminated against based on his gender.

Chula Vista council members approve raises for
themselves.

The salary increases will cost the city’s general fund
$18,500 in fiscal year 2024-25
By Tammy MurgaReporter
Jan. 15, 2024 4:15 PM PT
The Chula Vista City Council last week authorized salary raises for itself.

The four part-time council members got a nearly 3
percent raise, with their annual pay to $62,954.

The raises, which are retroactive to July 2023, will cost the city’s general fund a total of $18,506 in fiscal year 2024- 25,
which will be fully offset by property tax
revenues, according to city staff.

Chula Vista officials approved in October 2022 extending Maria Kachadoorian’s contract through 2025 with
salary increases of 5 percent per year.

Her salary jumped to $315,000 in June and it is
expected to hike to $330,700 this year.

Carolina
You were chosen by Andrea, Jose,
and Alonzo to attend county
meetings.

Remember you were not selected
by Chula Vista residents to
Represent CHULA VISTA.

Carolina
Give Chula vista taxpayers updates
of meetings you get pay to attend.

Or
do you get paid to go
see your friends?
Verdugo proposes
council member
suspension
“Chula Vista is infamous for its campaign
finance loopholes, most notably the
unlimited timeframe of which candidates
are allowed to carry debt after the
election,” he said.

Verdugo wants to clearly define “extension
of credit” to clarify that any debt accrued
becomes an in-kind contribution after a certain
length of time and set in stone that that length
of time be six months after the calendar year in
which the election was held, bringing Chula Vista
in line with other jurisdictions.

Verdugo’s third point in his plan is to
establish an independent auditor and he
would support the creation of an
independent auditor’s office, health.
“Sunlight is the best disinfectant,” he said,
adding that it is important to combat corruption
before it occurs and making good government
protocols a top priority.

District 4 Council Member Representative
I contacted your Office asking for your assistance for
an over 90 + years old lady,
By the time that I received an answer with a telephone number it was a too little too late
Just a note Seniors in Chula Vista are being overlooked.

I’m willing to meet with you and the rest of the council to come up with a plan.
3 minutes in public speaking is not sufficient, Nor would I get an answer during council meetings.

If interested.

Let me know when where and what time.

From: martha souza
To: alan mil; News ABC 10 San Diego; News ABC 7 KRCR Redding; News ABC 7 Los Angeles; News ABC 7 San Francisco; News American Spectator; News American Thinker Editor; News American Thinker Editor Andrea Widburg; News American Thinker Monica Showalter; News Arizona Republic Newstips; News Ballotpedia Editor; News Big League Politics; News CBS 8 KFMB San Diego Richard Allyn; News CBS KBAK 29 Fox 58 Bakersfield Now Bakersfield; News CBS KCAL 9 Los Angeles; News CBS KPIX 5 San Francisco; News Cheyenne WY Tribune Eagle; News Chula Vista Live Data; News CNN; News Coast News Group; News Coronado Eagle Journal; News Coronado Times; News Crescent City Times-Standard; News Daily Caller; News Daily Mail; News Daily News Los Angeles; News Del Mar Times; News Denver CO Post Editorial; News Encinitas Avocate; News Epoch Times NTD Evening News; News Epoch Times NTD Today News; News Epoch Times TV; News Fox 11 Los Angeles; News Fox 11 Los Angeles; News Fox 2 KTVU Oakland; News Fox5sandiego; News Fox 5 69 Sarah Alegre; 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News Libs of TikTok; News Libs of TikTok; News Marin Independent Journal Managing Editor; News Marina Times San Francisco; News Monterey Herald Managing Editor; News NBC 7 San Diego; News NBC Telemundo CW KGET Bakersfield; News New York Post; News New York Sun; News New York Times; News OANN Addison Smith In Focus; News OANN Chanel Rion Weekly Briefing; News OANN Dan Ball Real America; News OANN Kara McKinney Tipping Point; News OANN Pearson Sharp; News OANN Stephanie Myers; News Orange County Register Los Angeles; News Portland Oregonian Editorial; News Project Veritas; News Public Square; News Ranch Santa Fe Review; News Reno Gazette Journal, Editor; News Sacramento Bee Sacramento; News San Diego News Desk; News San Jose Mercury Sarah Dussault; News Seattle Times Jim Brunner, politics; News SF Chronical San Francisco; Star News - Chula Vista; News The Blaze Cortney Weil Senior Editor; News The Blaze Dave Urbanski Senior Editor; News The Federalist; News The New American; The Times of San Diego; 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Mayor Carlsbad Keith Blackburn; Mayor Chula Vista John McCann; Mayor Coronado Richard Bailey; Mayor Del Mar Tracy Martinez; Mayor El Cajon Bill Wells; Mayor El Cajon Bill Wells; Mayor Encinitas Tony Kranz; Mayor Escondido Dane White; Mayor Imperial Beach Paloma Aguirre; Mayor Lemon Grove Racquel Vasquez; Ron Morrison; Mayor Ocean Side Esther Sanchez; Mayor Poway Steve Vause; Mayor Rancho Pales Verdes John Cruikshank; Mayor San Diego Todd Gloria; Mayor San Marcos Rebbeca Jones; Mayor Santee John Minto; Mayor Solana Beach Lesa Heebner; Mayor Vista John Franklin; SANDAG Coleen Clementson Interm CEO 2024; SANDAG Francesca Clerk Of The Board; SANDAG John Kirk General Counsel; SD County Admin Helen Robbins Meyer / Michael Vu; SD County Agenda Clerk Email Agenda Item Date Name; SD County Agenda Clerk Email Agenda Item Date Name; SD County Court Clerk Andrew Potter; SD County DA Public Affairs Officer Tanya Sierra; SD County DA Summer Stephen District Attorney; SD County Michael Vu; SD County Supervisor Chair District 1 Nora Vargas; SD County Supervisor District 2 Joel Anderson; SD County Supervisor District 3 Terra Lawson Remer; SD County Supervisor District 4 Monica Montgomery; SD County Supervisor District 5 Jim Desmond; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Chula Vista City Clerk - Kerry Bigelow/ Tyshar; Chula Vista Council 1 Carolina Chavez; Chula Vista Council 2 Jose Preciado; Chula Vista Council 3 Alonzo Gozalez; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Del Mar Council Dan Quirk; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Imperial Beach City Council Carol Seabury; [email protected]; [email protected]; [email protected]; City Clerk-City of La Mesa; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Clerk; Luz Molina; Jose Rodriguez; Ditas Yamane; Marcus Bush; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; San Diego City Clerk Diana Fuentes; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: Re: Fwd: SANDAG NEEDS TO BE RESHAPED IN THE PUBLIC INTEREST & NOT READY FOR FEDERAL CERTIFICATION Date: Wednesday, April 24, 2024 7:50:14 AM
Attachments: SANDAG 15 Expressway Transnet Lie.jpg
SANDAG 125 Transnet Freeways Cancelled.jpg
Transnet 1988-2048.jpg
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Yes, I agree.

Sent from Yahoo Mail for iPhone
On Wednesday, April 24, 2024, 7:16 AM, alan mil <[email protected]> wrote:

COPY TO
NEWS
MAYORS

CITY COUNCILS

SANDAG REPS

COUNTY SUPERVISORS

COUNTY DISTRICT ATTORNEY

STATE REPS
@CLERKS - For the next council/board meetings please attach entire email including JPGs and PDFs into public record non agenda public comment.

Please see attached PDFs and forwarded email below

ENTIRE COUNTY AFFECTED WHEN

COMMERCE FROM BORDER

COSTS MORE TO DELIVER
SANDAG proposing after removal of Toll on "Free"way 125 CONVERT ENTIRE 125 INTO PERMANENT MANAGED LANE
CAR POOL OR FOR MOST DRIVERS THAT CANNOT CAR POOL WILL CONTINUE TO PAY TOLL. THIS THE SAME AS FREEWAY 15 MANAGED LANES THAT FEW DRIVE RESULTING IN REGULAR LANES CLOGGED OF TRAFFIC. THE DIFFERENCE HERE IS THE ENTIRE 125 LANES PROPOSED CONVERTED TO MANAGED PAY A FEE TOLL LANES! SANDAG AGENDA 11 APRIL 26 2024
https://docs.google.com/gview?
url=https%3A%2F%2Fgranicus_production_attachments.s3.amazonaws.com%2Fsandag%2F0af1951d5a5a586528f0a355c2f788960.pdf&embedded=true SANDAG IGNORES TRANSNET TAX THAT LISTED FREEWAY EXPANSION 125 THAT PROMISED VOTERS FREEWAYS NOT TOLL ROADS OR

MANAGED LANES
1988 TRANSNET TAX DOES NOT EXPIRE UNTIL 2048 YET SANDAG PROPOSING YET ANOTHER ADDITIONAL TAX THIS NOVEMBER BALLOT

VOTE NO

SANDAG TAX

NOVEMBER BALLOT
WHO GETS THE "EQUITY FOR ALL" FREE OPTION?
"Convert all existing lanes to managed lanes: Converting the toll road to a fully managed facility is believed to be a lower cost to implement and with less environmental impacts. It also would be consistent with SANDAG Resolution 2023- 22. A fully managed facility could be operated in a variety of ways to address specific goals related to traffic and equity, including ensuring there is always a free option. This would provide an alternative to toll - only operations, allow for debt repayment sooner, and provide funds to reinvest in the corridor for operating and maintaining the roadway into the future. As such, this is the alternative included in the 2035 phase of the initial concept for the 2025 Regional Plan." https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/2573900/Item_11_-_Process_for_Removing_Tolls_on_SR_125.pdf --
Alan Curry
Transnet 1988-2048.jpg
SANDAG 125 Transnet Freeways Cancelled.jpg
SANDAG 15 Expressway Transnet Lie.jpg
---------- Forwarded message ---------
From: Paul
Date: Tue, Apr 23, 2024 at 5:54 PM
Subject: SANDAG NEEDS TO BE RESHAPED IN THE PUBLIC INTEREST & NOT READY FOR FEDERAL

CERTIFICATION
To: Asmbly Boerner-Horvath (77) <[email protected]>, Asmbly David Alvarez (80 CV) <[email protected]>, Asmbly Laurie Davis (74) <[email protected]>, CA Asmbly Akilah Weber (79-La Mesa) <[email protected]>, CA Asmbly Maienschein (76) <[email protected]>, CA Asmbly Marie Waldron (75) <[email protected]>, CA Asmbly Ward (78) <[email protected]>, CA Senator Blakespear <[email protected]>, CA Senator Brian Jones (40) <[email protected]>, CA Senator Kelly Seyarto (32) <[email protected]>, CA Senator Steve Padilla (18 CV) <[email protected]>, CA Senator Toni Atkins <[email protected]> Cc: DOT Certification <[email protected]>, CV Live Data Robert Johnson <[email protected]>, ABC 10 San Diego <[email protected]>, Fox 5 69 San Diego <[email protected]>, Fox 5 69 San Diego <kswb[email protected]>, KOGO Carl DeMaio (Reform California KOGO DeMaio Report) <[email protected]>, KOGO Mark Larsen Radio San Diego <[email protected]>, KOGO Mike Slater <[email protected]>, KPBS San Diego <[email protected]>, KUSI 51 San Diego <[email protected]>, KUSI Mark Mathis <[email protected]>, KUSI Teresa Sardina <[email protected]>, La Prensa San Diego <[email protected]>, NBC 7 San Diego <[email protected]>, Escondido Times-Advocate <[email protected]>, Rancho Santa Fe Review <[email protected]>, Del Mar Times <[email protected]>, San Diego UT Senior Editor <[email protected]>, San Diego UT Community Op Ed <[email protected]>, Times of San Diego <[email protected]>, Voice of San Diego <[email protected]>, Advocate <[email protected]>, Coronado Times <[email protected]>, La Jolla Light Editor <[email protected]>, Chula Vista Star News <[email protected]>, Carlsbad Coast News (also San Marcos Vista & Oceanside <[email protected]> Dear Senators and Assembly persons,
SANDAG underwent an investigation by its internal independent auditor for mischarging tollpayers on the SR-125 although they had reason to know the system didn't work for 6 years. It is apparently under investigation by the DOJ as well.

The SANDAG investigation Management response was not made available to the public or even to this board on time. The deadline was Monday 4/8. But even though the response was dated Monday and some of the documents were dated a few days earlier, Management seems to have waited until Wednesday 4/10 after business hours to deliver them. The next meeting, when the Board scheduled a discussion on the response, was Friday, and then it suddenly cancelled (postponed) even that.

An evening and a day is not enough time to seriously read and study this document.

And to be honest, I (not the only one) speak slowly and the one minute almost always allowed - 4 or 5 paragraphs - for speaking (not the 3 minutes mentioned in every agenda) is one reason I am sending written comments.

Shows Management's contempt for the Board and for due process. We need to hold management accountable for this. If it cannot co-operate with its own Board of Directors, we need to get rid of it. In April, The Union Tribune also suggested this. Maybe the FBI will do this for us.

In fact, this is why I am writing to you. My personal feeling is that SANDAG needs to be reconstituted with as little political as opposed to professional (I mean people who advocate for transportation) influence as possible. I think that there should be a Board of Directors composed of Mayors or their Representatives, and that one of them, not an outsider, should be the Board Chairperson. I do not think that SANDAG should have the option of a weighted vote. I think each Boardmember's opinion should count equally.

Also, I do not like the way that SANDAG puts pressure on its Board to do things (see item 11 on the current agenda (attached) where staff apparently included option 3 in the 2025 regional plan with little to no public discussion.) The last years, my overall impression is that SANDAG has put pressure on the Board more or less like an ad campaign, often at the expense of a full discussion of issues. Its reputation and ability to act freely have been severely diminished.

It is not helpful either that the Board wants to approve more funds for Transnet (which includes the SR-125.) I'm not sure how the Transnet funding eligibility request can be approved when the books were cooked and the responsible party is the one asking for more funds. And I mean someone who classes a few million dollars as immaterial ignoring the fact that the mistakes happened over 6 years and hurt people as well as wasting taxpayer money on a problem which could have been fixed earlier is disgraceful.

The whole thing walks, talks, and smells like a cover-up.

I hope that you will give some thought to resolving this issue. I do not think that SANDAG needs to be re-certified by the Department of Transportation either.

Here is what I think about Management Response to the SR 125 Investigation (Item 9 on the current agenda):

Management's basic position seems to be - see nothing, hear nothing, say nothing, except that there's a plan and reveal as little else as possible. Management failed to present its response on time, and I hope it has its response to the FBI ready as well.

I think it is pathetic that the report still suggests that Management actually did anything at the April 12 meeting. Yet the response keeps saying "Management accepts this recommendation and will incorporate it into the Toll Operations Action Plan presented to the Board at its January 12, 2024, meeting. In fact, there was no such presentation at the meeting.

Then the action plan (attached) has alot of inconsistencies and omissions. For one thing, it is still dated 4/5, which leaves me wondering if they have done anything since then or altered the plans.

It says "Launch Contract Management Support Unit to oversee effective administration of awarded contracts, proactively communicate, and help address any contract performance issues." is in progress. Well with all of the contracting and related scandals of the past years, this should have been done already. Waiting for more contract fraud to happen? It says "Update procurement policies." is complete. But there is no detail to show with this. Perhaps there is need for further change?
It says "Complete assessment of Toll Operations and develop Toll Operations Improvements Plan to address staffing, policies, procedures, structure, and ongoing management of the system. Phase I" is complete. How much did Phase I improve? It would be nice to have detail on both Phases.

It says "Complete reconciliation of customer records that did not balance in the general ledger: is in progress. But then "Complete reconciliation of customer records that did not balance in the general ledger"' is completed. How can the reconciliation be completed before all the records are identified? It says "Evaluate if DMV Hold Functionality can be implemented as part of New Back-Office System Launch and identify interim collection options." apparently, this function was part of the original toll system, so why is it only in progress?
Last for the plan, it has an item "Requirements gathering/Outcome Matrix Approval." No detail, so we do not know what requirements or matrix. Are we running a secret society here? And in attachment 5, the Board Questions, where contracts are issued based on weighted scores before an actual interview suggest to me that data is more important than people.

I think that the question "Why go live with the ETAN Fastlane system if it was not ready to be deployed?" was more rhetorical. There is no excuse for deploying an unready system when you're dealing with real world people.

Then, management has the nerve to say "We are aware of isolated incidents of customers being mischarged, which we addressed as soon as we were made aware [the 100 transactions cited in the Investigation Report and December 8, 2023] However, based on the information we have at this time, it appears that the software failures are primarily a general ledger issue and not a customer account issue."
This whole thing, the lawsuit, the Board discussion, the investigation, was based on way more than 100 bad records and who cares what ledger if the result causes harm to someone? Another reason why Management needs to resign and the Board of Directors needs to be reshaped.

Regards,
Paul Henkin
From: alan mil
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[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Clerk; Luz Molina; Jose Rodriguez; Ditas Yamane; Marcus Bush; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; San Diego City Clerk Diana Fuentes; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: Re: SANDAG NEEDS TO BE RESHAPED IN THE PUBLIC INTEREST & NOT READY FOR FEDERAL CERTIFICATION Date: Friday, April 26, 2024 7:08:37 AM
Attachments: SANDAG 805 Managed Lanes.pdf
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Good Morning,
A correction to previous Email
SANDAG Meeting is TODAY APRIL 26 2024 9am
APRIL 2022 SANDAG UNAMINOUS VOTE REMOVE 125 TOLL
https://www.kpbs.org/news/local/2022/04/18/disconnected-south-bay-toll-stations-cost-sandag-1-8-million-in-lost-revenue APRIL 2024 SANDAG VOTE TO PERMENENT "MANAGED" 125 TOLL
https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/2573900/Item_11_-_Process_for_Removing_Tolls_on_SR_125.pdf Attend From Home ZOOM
AGENDAS 9, 10, 11 TOLL OPERATIONS 125
https://us02web.zoom.us/j/89952401893

SANDAG AGENDA LIST
https://docs.google.com/gview?
url=https%3A%2F%2Fgranicus_production_attachments.s3.amazonaws.com%2Fsandag%2F578e3beb0361d2e79a4172ae9a1ac1040.pdf&embedded=true

PDF AGENDA LISTING
https://d3n9y02raazwpg.cloudfront.net/sandag/1282dd84-84b1-11ee-852f-0050569183fa-3a383fb0-7365-4b67-b96e-089bf81cce16-1714014805.pdf

ATTEND IN PERSON FREE VALIDATE PARKING
401 B Street Suite 800 San Diego CA 92101-4231

EVERY CITY REP ATTENDING WILL HEAR YOUR VOICE
San Diego Association of Governments
EMAIL COMMENTS ON 125 TOLL AGENDA 9,10,11
Francesca [email protected] 619-399-1985

SANDAG BOARD DIRECTORS MEETINGS
https://www.sandag.org/calendar

PLEASE SEE ATTACHMENT

ANOTHER REASON VOTE NO SANDAG TAX NOV BALLOT

SANDAG WILL USE TAX FUNDING TO REMOVE ROAD LANES
SANDAG $2.7 BILLION
CONVERT EXISTING 805 LANES

TO MANAGED LANE TOLL LANES

MANAGED LANES ARE TOLL ROADS

MOST DRIVERS CANNOT CAR POOL

WILL NOT PAY MANAGED LANE FEE
LESSON OF "FREE"WAY 15

MANAGED LANES EMPTY

WHILE REGULAR LANES CLOGGED
SANDAG PLANS 125 ALL LANES MANAGED LANES

DRIVERS WILL CONTINUE TAKE SIDE STREETS TO AVOID TOLL
--
Alan Curry
From:

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Subject: RE: SANDAG NEEDS TO BE RESHAPED IN THE PUBLIC INTEREST & NOT READY FOR FEDERAL CERTIFICATION Date: Wednesday, April 24, 2024 9:50:28 AM
Attachments: image004.png
2024-04-26 ACTION PLAN DATED APR 5 ATT 1B AGENDA #9.pdf 2024-04-26 AGENDA #11 (REMOVING SR-125 TOLLS).pdf
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What a bunch of BS, especially their study on no tolls and the need for managed lanes….Utter BS from a bunch of Progressive, Liberal, Democrats who are only thinking of their CALPERs Golden Parachute Retirement and blotted public salaries while continuing to receive extra revenue through tolls and managed lanes. Such ideas are not coming from the commuting public or taxpayers. That toll road should go away period. These politicians continually forget who actually pays the bills for their stupid pipe dreams. These ideas are just another Progressive Sacramento entrenched politicians idea. They have no clue.

Californians have and continue to pay fuel taxes(substantial I might add) to drive on their roads. There never was justification from taxpayers/voters to allow tolls on highways.

Bridges have been an exception until they are paid.

Turn that toll building on Otay Mesa into a homeless shelter. That would be a good use for it and start using the transportation tax money appropriated for county transportation use, for actual transportation use and not the favorite elitist politicians idea of the day……..mgb CDR Mike Brattland, USN (Ret.)
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From: alan mil <[email protected]>
Sent: Wednesday, April 24, 2024 7:15 AM
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Mayor Escondido Dane White <[email protected]>; Mayor Imperial Beach Paloma Aguirre <[email protected]>; Mayor Lemon Grove Racquel Vasquez <[email protected]>; Mayor National City Ron Morrison <[email protected]>; Mayor Ocean Side Esther Sanchez <[email protected]>; Mayor Poway Steve Vause <[email protected]>; Mayor Rancho Pales Verdes John Cruikshank <[email protected]>; Mayor San Diego Todd Gloria <[email protected]>; Mayor San Marcos Rebbeca Jones <[email protected]>; Mayor Santee John Minto <[email protected]>; Mayor Solana Beach Lesa Heebner <[email protected]>; Mayor Vista John Franklin <[email protected]>; SANDAG Coleen Clementson Interm CEO 2024 <[email protected]>; SANDAG Francesca Clerk Of The Board <[email protected]>; SANDAG John Kirk General Counsel <[email protected]>; SD County Admin Helen Robbins Meyer / Michael Vu <[email protected]>; SD County Agenda Clerk Email Agenda Item Date Name <[email protected]>; SD County Agenda Clerk Email Agenda Item Date Name <[email protected]>; SD County Court Clerk Andrew Potter <[email protected]>; SD County DA Public Affairs Officer Tanya Sierra <[email protected]>; SD County DA Summer Stephen District Attorney <[email protected]>; SD County Michael Vu <[email protected]>; SD County Supervisor Chair District 1 Nora Vargas <[email protected]>; SD County Supervisor District 2 Joel Anderson <[email protected]>; SD County Supervisor District 3 Terra Lawson Remer <[email protected]>; SD County Supervisor District 4 Monica Montgomery <[email protected]>; SD County Supervisor District 5 Jim Desmond <[email protected]>; [email protected]; [email protected]; [email protected]; priya.bhat[email protected]; [email protected]; Chula Vista City Clerk - Kerry Bigelow/ Tyshar <[email protected]>; Chula Vista Council 1 Carolina Chavez <[email protected]>; Chula Vista Council 2 Jose Preciado <[email protected]>; Chula Vista Council 3 Alonzo Gozalez <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Del Mar Council Dan Quirk <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Imperial Beach City Council Carol Seabury <[email protected]>; [email protected]; [email protected]; [email protected]; City Clerk-City of La Mesa <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; San Diego City Clerk Diana Fuentes <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; EMusgrove@san- marcos.net; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: Fwd: SANDAG NEEDS TO BE RESHAPED IN THE PUBLIC INTEREST & NOT READY FOR

FEDERAL CERTIFICATION

COPY TO
NEWS
MAYORS

CITY COUNCILS

SANDAG REPS

COUNTY SUPERVISORS

COUNTY DISTRICT ATTORNEY

STATE REPS
@CLERKS - For the next council/board meetings please attach entire email including JPGs and PDFs into public record non agenda public comment.

Please see attached PDFs and forwarded email below

ENTIRE COUNTY AFFECTED WHEN

COMMERCE FROM BORDER

COSTS MORE TO DELIVER
SANDAG proposing after removal of Toll on "Free"way 125 CONVERT ENTIRE 125 INTO PERMANENT MANAGED LANE

CAR POOL OR FOR MOST DRIVERS THAT CANNOT CAR POOL WILL
CONTINUE TO PAY TOLL. THIS THE SAME AS FREEWAY 15

MANAGED LANES THAT FEW DRIVE RESULTING IN REGULAR LANES CLOGGED OF TRAFFIC. THE DIFFERENCE HERE IS THE ENTIRE 125

LANES PROPOSED CONVERTED TO MANAGED PAY A FEE TOLL
LANES!
SANDAG AGENDA 11 APRIL 26 2024
https://docs.google.com/gview?
url=https%3A%2F%2Fgranicus_production_attachments.s3.amazonaws.com% 2Fsandag%2F0af1951d5a5a586528f0a355c2f788960.pdf&embedded=true

SANDAG IGNORES TRANSNET TAX THAT LISTED FREEWAY
EXPANSION 125 THAT PROMISED VOTERS FREEWAYS NOT TOLL

ROADS OR MANAGED LANES
1988 TRANSNET TAX DOES NOT EXPIRE UNTIL 2048 YET SANDAG

PROPOSING YET ANOTHER ADDITIONAL TAX THIS NOVEMBER
BALLOT

VOTE NO

SANDAG TAX

NOVEMBER BALLOT
WHO GETS THE "EQUITY FOR ALL" FREE OPTION?
"Convert all existing lanes to managed lanes: Converting the toll road to a fully managed facility is believed to be a lower cost to implement and with less environmental impacts. It also would be consistent with SANDAG Resolution 2023-

22. A fully managed facility could be operated in a variety of ways to address specific goals related to traffic and equity, including ensuring there is always a free option.

This would provide an alternative to toll - only operations, allow for debt repayment sooner, and provide funds to reinvest in the corridor for operating and maintaining the roadway into the future. As such, this is the alternative included in the 2035 phase of the initial concept for the 2025 Regional Plan."
https://legistarwebproduction.s3.amazonaws.com/uploads/attachment/pdf/2573900/Item_11_- _Process_for_Removing_Tolls_on_SR_125.pdf
--
Alan Curry
---------- Forwarded message ---------
From: Paul
Date: Tue, Apr 23, 2024 at 5:54 PM
Subject: SANDAG NEEDS TO BE RESHAPED IN THE PUBLIC INTEREST & NOT

READY FOR FEDERAL CERTIFICATION
To: Asmbly Boerner-Horvath (77) <[email protected]>, Asmbly David Alvarez (80 CV) <[email protected]>, Asmbly Laurie Davis (74) <[email protected]>, CA Asmbly Akilah Weber (79-La Mesa) <[email protected]>, CA Asmbly Maienschein (76) <[email protected]>, CA Asmbly Marie Waldron (75) <[email protected]>, CA Asmbly Ward (78) <[email protected]>, CA Senator Blakespear <[email protected]>, CA Senator Brian Jones (40) <[email protected]>, CA Senator Kelly Seyarto (32) <[email protected]>, CA Senator Steve Padilla (18 CV) <[email protected]>, CA Senator Toni Atkins <[email protected]>
Cc: DOT Certification <[email protected]>, CV Live Data Robert Johnson <[email protected]>, ABC 10 San Diego <[email protected]>, Fox 5 69 San Diego <[email protected]>, Fox 5 69 San Diego <kswb[email protected]>, KOGO Carl DeMaio (Reform California KOGO DeMaio Report) <[email protected]>, KOGO Mark Larsen Radio San Diego <[email protected]>, KOGO Mike Slater
<[email protected]>, KPBS San Diego <[email protected]>, KUSI 51 San Diego <[email protected]>, KUSI Mark Mathis <[email protected]>, KUSI Teresa Sardina <[email protected]>, La Prensa San Diego <[email protected]>, NBC 7 San Diego <[email protected]>, Escondido Times-Advocate <[email protected]>, Rancho Santa Fe Review <[email protected]>, Del Mar Times <[email protected]>, San Diego UT Senior Editor <[email protected]>, San Diego UT Community Op Ed <[email protected]>, Times of San Diego
<[email protected]>, Voice of San Diego <[email protected]>, Advocate <[email protected]>, Coronado Times <[email protected]>, La Jolla Light Editor
<[email protected]>, Chula Vista Star News <[email protected]>, Carlsbad Coast News (also San Marcos Vista & Oceanside
<[email protected]>
Dear Senators and Assembly persons,
SANDAG underwent an investigation by its internal independent auditor for mischarging tollpayers on the SR-125 although they had reason to know the system didn't work for 6 years. It is apparently under investigation by the DOJ as well.

The SANDAG investigation Management response was not made available to the public or even to this board on time. The deadline was Monday 4/8. But even though the response was dated Monday and some of the documents were dated a few days earlier, Management seems to have waited until Wednesday 4/10 after business hours to deliver them. The next meeting, when the Board scheduled a discussion on the response, was Friday, and then it suddenly cancelled (postponed) even that.

An evening and a day is not enough time to seriously read and study this document.

And to be honest, I (not the only one) speak slowly and the one minute almost always allowed - 4 or 5 paragraphs - for speaking (not the 3 minutes mentioned in every agenda) is one reason I am sending written comments.

Shows Management's contempt for the Board and for due process. We need to hold management accountable for this. If it cannot co-operate with its own Board of Directors, we need to get rid of it. In April, The Union Tribune also suggested this. Maybe the FBI will do this for us.

In fact, this is why I am writing to you. My personal feeling is that SANDAG needs to be reconstituted with as little political as opposed to professional (I mean people who advocate for transportation) influence as possible. I think that there should be a Board of Directors composed of Mayors or their Representatives, and that one of them, not an outsider, should be the Board Chairperson. I do not think that SANDAG should have the option of a weighted vote. I think each Boardmember's opinion should count equally.

Also, I do not like the way that SANDAG puts pressure on its Board to do things (see item 11 on the current agenda (attached) where staff apparently included option 3 in the 2025 regional plan with little to no public discussion.) The last years, my overall impression is that SANDAG has put pressure on the Board more or less like an ad campaign, often at the expense of a full discussion of issues. Its reputation and ability to act freely have been severely diminished.

It is not helpful either that the Board wants to approve more funds for Transnet (which includes the SR-125.) I'm not sure how the Transnet funding eligibility request can be approved when the books were cooked and the responsible party is the one asking for more funds. And I mean someone who classes a few million dollars as immaterial ignoring the fact that the mistakes happened over 6 years and hurt people as well as wasting taxpayer money on a problem which could have been fixed earlier is disgraceful.

The whole thing walks, talks, and smells like a cover-up.

I hope that you will give some thought to resolving this issue. I do not think that SANDAG needs to be re-certified by the Department of Transportation either.

Here is what I think about Management Response to the SR 125 Investigation (Item 9 on the current agenda):

Management's basic position seems to be - see nothing, hear nothing, say nothing, except that there's a plan and reveal as little else as possible. Management failed to present its response on time, and I hope it has its response to the FBI ready as well.

I think it is pathetic that the report still suggests that Management actually did anything at the April 12 meeting. Yet the response keeps saying "Management accepts this recommendation and will incorporate it into the Toll Operations Action Plan presented to the Board at its January 12, 2024, meeting. In fact, there was no such presentation at the meeting.

Then the action plan (attached) has alot of inconsistencies and omissions. For one thing, it is still dated 4/5, which leaves me wondering if they have done anything since then or altered the plans.

It says "Launch Contract Management Support Unit to oversee effective administration of awarded contracts, proactively communicate, and help address any contract performance issues." is in progress. Well with all of the contracting and related scandals of the past years, this should have been done already. Waiting for more contract fraud to happen? It says "Update procurement policies." is complete. But there is no detail to show with this. Perhaps there is need for further change? It says "Complete assessment of Toll Operations and develop Toll Operations Improvements Plan to address staffing, policies, procedures, structure, and ongoing management of the system. Phase I" is complete. How much did Phase I improve? It would be nice to have detail on both Phases.

It says "Complete reconciliation of customer records that did not balance in the general ledger: is in progress. But then "Complete reconciliation of customer records that did not balance in the general ledger"' is completed. How can the reconciliation be completed before all the records are identified?
It says "Evaluate if DMV Hold Functionality can be implemented as part of New Back-Office System Launch and identify interim collection options." apparently, this function was part of the original toll system, so why is it only in progress?
Last for the plan, it has an item "Requirements gathering/Outcome Matrix Approval." No detail, so we do not know what requirements or matrix. Are we running a secret society here?
And in attachment 5, the Board Questions, where contracts are issued based on weighted scores before an actual interview suggest to me that data is more important than people.

I think that the question "Why go live with the ETAN Fastlane system if it was not ready to be deployed?" was more rhetorical. There is no excuse for deploying an unready system when you're dealing with real world people.

Then, management has the nerve to say "We are aware of isolated incidents of customers being mischarged, which we addressed as soon as we were made aware [the 100 transactions cited in the Investigation Report and December 8, 2023] However, based on the information we have at this time, it appears that the software failures are primarily a general ledger issue and not a customer account issue." This whole thing, the lawsuit, the Board discussion, the investigation, was based on way more than 100 bad records and who cares what ledger if the result causes harm to someone? Another reason why Management needs to resign and the Board of Directors needs to be reshaped.

Regards,
Paul Henkin
From: alan mil
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Subject: Re: SANDAG NEEDS TO BE RESHAPED IN THE PUBLIC INTEREST & NOT READY FOR FEDERAL CERTIFICATION Date: Thursday, April 25, 2024 8:17:31 AM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

SANDAG MEETING
FRIDAY 9AM MARCH 26
THREE AGENDA ITEMS 125 TOLL
SANDAG PROPOSAL CONVERTED 125 INTO MANAGED LANES RESULTS IN PERMENENT TOLL 125. TRANSANET FUNDS THAT PROMISED VOTERS FREEWAYS NOT TOLL ROADS NOT MANAGED LANES WAS USED TO PURCHASE 125
Attend From Home ZOOM
AGENDAS 9, 10, 11 TOLL OPERATIONS 125
https://us02web.zoom.us/j/89952401893

SANDAG AGENDA LIST
https://docs.google.com/gview?
url=https%3A%2F%2Fgranicus_production_attachments.s3.amazonaws.com%2Fsandag%2F578e3beb0361d2e79a4172ae9a1ac1040.pdf&embedded=true

PDF AGENDA LISTING
https://d3n9y02raazwpg.cloudfront.net/sandag/1282dd84-84b1-11ee-852f-0050569183fa-3a383fb0-7365-4b67-b96e-089bf81cce16-1714014805.pdf

ATTEND IN PERSON FREE VALIDATE PARKING
401 B Street Suite 800 San Diego CA 92101-4231

EVERY CITY REP ATTENDING WILL HEAR YOUR VOICE
San Diego Association of Governments
EMAIL COMMENTS ON 125 TOLL AGENDA 9,10,11
Francesca [email protected] 619-399-1985

SANDAG BOARD DIRECTORS MEETINGS
https://www.sandag.org/calendar
--
Alan Curry
On Wed, Apr 24, 2024 at 7:15 AM alan mil > wrote:

COPY TO
NEWS
MAYORS

CITY COUNCILS

SANDAG REPS

COUNTY SUPERVISORS

COUNTY DISTRICT ATTORNEY

STATE REPS
@CLERKS - For the next council/board meetings please attach entire email including JPGs and PDFs into public record non agenda public comment.

Please see attached PDFs and forwarded email below

ENTIRE COUNTY AFFECTED WHEN

COMMERCE FROM BORDER

COSTS MORE TO DELIVER
SANDAG proposing after removal of Toll on "Free"way 125 CONVERT ENTIRE 125 INTO PERMANENT MANAGED LANE
CAR POOL OR FOR MOST DRIVERS THAT CANNOT CAR POOL WILL CONTINUE TO PAY TOLL. THIS THE SAME AS FREEWAY 15 MANAGED LANES THAT FEW DRIVE RESULTING IN REGULAR LANES CLOGGED OF TRAFFIC. THE DIFFERENCE HERE IS THE ENTIRE 125 LANES PROPOSED CONVERTED TO MANAGED PAY A FEE TOLL LANES!
SANDAG AGENDA 11 APRIL 26 2024
https://docs.google.com/gview?
url=https%3A%2F%2Fgranicus_production_attachments.s3.amazonaws.com%2Fsandag%2F0af1951d5a5a586528f0a355c2f788960.pdf&embedded=true SANDAG IGNORES TRANSNET TAX THAT LISTED FREEWAY EXPANSION 125 THAT PROMISED VOTERS

FREEWAYS NOT TOLL ROADS OR MANAGED LANES
1988 TRANSNET TAX DOES NOT EXPIRE UNTIL 2048 YET SANDAG PROPOSING YET ANOTHER

ADDITIONAL TAX THIS NOVEMBER BALLOT

VOTE NO

SANDAG TAX

NOVEMBER BALLOT
WHO GETS THE "EQUITY FOR ALL" FREE OPTION?
"Convert all existing lanes to managed lanes: Converting the toll road to a fully managed facility is believed to be a lower cost to implement and with less environmental impacts. It also would be consistent with SANDAG Resolution 2023- 22. A fully managed facility could be operated in a variety of ways to address specific goals related to traffic and equity, including ensuring there is always a free option. This would provide an alternative to toll - only operations, allow for debt repayment sooner, and provide funds to reinvest in the corridor for operating and maintaining the roadway into the future. As such, this is the alternative included in the 2035 phase of the initial concept for the 2025 Regional Plan." https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/2573900/Item_11_-_Process_for_Removing_Tolls_on_SR_125.pdf --
Alan Curry
---------- Forwarded message ---------
From: Paul
Date: Tue, Apr 23, 2024 at 5:54 PM
Subject: SANDAG NEEDS TO BE RESHAPED IN THE PUBLIC INTEREST & NOT READY FOR FEDERAL

CERTIFICATION
To: Asmbly Boerner-Horvath (77) <[email protected]>, Asmbly David Alvarez (80 CV) <[email protected]>, Asmbly Laurie Davis (74) <[email protected]>, CA Asmbly Akilah Weber (79-La Mesa) <[email protected]>, CA Asmbly Maienschein (76) <[email protected]>, CA Asmbly Marie Waldron (75) <[email protected]>, CA Asmbly Ward (78) <[email protected]>, CA Senator Blakespear <[email protected]>, CA Senator Brian Jones (40) <[email protected]>, CA Senator Kelly Seyarto (32) <[email protected]>, CA Senator Steve Padilla (18 CV) <[email protected]>, CA Senator Toni Atkins <[email protected]>
Cc: DOT Certification <[email protected]>, CV Live Data Robert Johnson <[email protected]>, ABC 10 San Diego <[email protected]>, Fox 5 69 San Diego <[email protected]>, Fox 5 69 San Diego <kswb[email protected]>, KOGO Carl DeMaio (Reform California KOGO DeMaio Report) <[email protected]>, KOGO Mark Larsen Radio San Diego <[email protected]>, KOGO Mike Slater <[email protected]>, KPBS San Diego <[email protected]>, KUSI 51 San Diego <[email protected]>, KUSI Mark Mathis <[email protected]>, KUSI Teresa Sardina <[email protected]>, La Prensa San Diego <[email protected]>, NBC 7 San Diego <[email protected]>, Escondido Times-Advocate <[email protected]>, Rancho Santa Fe Review <[email protected]>, Del Mar Times <[email protected]>, San Diego UT Senior Editor <[email protected]>, San Diego UT Community Op Ed <[email protected]>, Times of San Diego <[email protected]>, Voice of San Diego <[email protected]>, Advocate <[email protected]>, Coronado Times <[email protected]>, La Jolla Light Editor <[email protected]>, Chula Vista Star News <[email protected]>, Carlsbad Coast News (also San Marcos Vista & Oceanside <[email protected]> Dear Senators and Assembly persons,
SANDAG underwent an investigation by its internal independent auditor for mischarging tollpayers on the SR-125 although they had reason to know the system didn't work for 6 years. It is apparently under investigation by the DOJ as well.

The SANDAG investigation Management response was not made available to the public or even to this board on time. The deadline was Monday 4/8. But even though the response was dated Monday and some of the documents were dated a few days earlier, Management seems to have waited until Wednesday 4/10 after business hours to deliver them. The next meeting, when the Board scheduled a discussion on the response, was Friday, and then it suddenly cancelled (postponed) even that.

An evening and a day is not enough time to seriously read and study this document.

And to be honest, I (not the only one) speak slowly and the one minute almost always allowed - 4 or 5 paragraphs - for speaking (not the 3 minutes mentioned in every agenda) is one reason I am sending written comments.

Shows Management's contempt for the Board and for due process. We need to hold management accountable for this. If it cannot co-operate with its own Board of Directors, we need to get rid of it. In April, The Union Tribune also suggested this. Maybe the FBI will do this for us.

In fact, this is why I am writing to you. My personal feeling is that SANDAG needs to be reconstituted with as little political as opposed to professional (I mean people who advocate for transportation) influence as possible. I think that there should be a Board of Directors composed of Mayors or their Representatives, and that one of them, not an outsider, should be the Board Chairperson. I do not think that SANDAG should have the option of a weighted vote. I think each Boardmember's opinion should count equally.

Also, I do not like the way that SANDAG puts pressure on its Board to do things (see item 11 on the current agenda (attached) where staff apparently included option 3 in the 2025 regional plan with little to no public discussion.) The last years, my overall impression is that SANDAG has put pressure on the Board more or less like an ad campaign, often at the expense of a full discussion of issues. Its reputation and ability to act freely have been severely diminished.

It is not helpful either that the Board wants to approve more funds for Transnet (which includes the SR125.) I'm not sure how the Transnet funding eligibility request can be approved when the books were cooked and the responsible party is the one asking for more funds. And I mean someone who classes a few million dollars as immaterial ignoring the fact that the mistakes happened over 6 years and hurt people as well as wasting taxpayer money on a problem which could have been fixed earlier is disgraceful.

The whole thing walks, talks, and smells like a cover-up.

I hope that you will give some thought to resolving this issue. I do not think that SANDAG needs to be recertified by the Department of Transportation either.

Here is what I think about Management Response to the SR 125 Investigation (Item 9 on the current agenda):

Management's basic position seems to be - see nothing, hear nothing, say nothing, except that there's a plan and reveal as little else as possible. Management failed to present its response on time, and I hope it has its response to the FBI ready as well.

I think it is pathetic that the report still suggests that Management actually did anything at the April 12 meeting. Yet the response keeps saying "Management accepts this recommendation and will incorporate it into the Toll Operations Action Plan presented to the Board at its January 12, 2024, meeting. In fact, there was no such presentation at the meeting.

Then the action plan (attached) has alot of inconsistencies and omissions. For one thing, it is still dated 4/5, which leaves me wondering if they have done anything since then or altered the plans.

It says "Launch Contract Management Support Unit to oversee effective administration of awarded contracts, proactively communicate, and help address any contract performance issues." is in progress.

Well with all of the contracting and related scandals of the past years, this should have been done already. Waiting for more contract fraud to happen?
It says "Update procurement policies." is complete. But there is no detail to show with this. Perhaps there is need for further change?
It says "Complete assessment of Toll Operations and develop Toll Operations Improvements Plan to address staffing, policies, procedures, structure, and ongoing management of the system. Phase I" is complete. How much did Phase I improve? It would be nice to have detail on both Phases.

It says "Complete reconciliation of customer records that did not balance in the general ledger: is in progress. But then "Complete reconciliation of customer records that did not balance in the general ledger"' is completed. How can the reconciliation be completed before all the records are identified? It says "Evaluate if DMV Hold Functionality can be implemented as part of New Back-Office System Launch and identify interim collection options." apparently, this function was part of the original toll system, so why is it only in progress?
Last for the plan, it has an item "Requirements gathering/Outcome Matrix Approval." No detail, so we do not know what requirements or matrix. Are we running a secret society here? And in attachment 5, the Board Questions, where contracts are issued based on weighted scores before an actual interview suggest to me that data is more important than people.

I think that the question "Why go live with the ETAN Fastlane system if it was not ready to be deployed?" was more rhetorical. There is no excuse for deploying an unready system when you're dealing with real world people.

Then, management has the nerve to say "We are aware of isolated incidents of customers being mischarged, which we addressed as soon as we were made aware [the 100 transactions cited in the Investigation Report and December 8, 2023] However, based on the information we have at this time, it appears that the software failures are primarily a general ledger issue and not a customer account issue." This whole thing, the lawsuit, the Board discussion, the investigation, was based on way more than 100 bad records and who cares what ledger if the result causes harm to someone? Another reason why Management needs to resign and the Board of Directors needs to be reshaped.

Regards,
Paul Henkin
From:

To: Mayor John McCann
Cc: [email protected]; Carolyn Luna; D Priya Bhat-Patel; D Teresa Acosta; [email protected]; City Council Carolina Chavez; City Council Jose Preciado; City Council Alonzo Gozalez; CV Attorney City; City Clerks; [email protected]; R Mike Donovan; D Carrie Downey; D Casey Tanaka; R John Duncan; D Terry Gaasterland; D Dwight Worden; D David Druker; R Dan Quirk; [email protected]; D Allison Blackwell; D Kellie Hinze; D Joy Lyndes; Bruce Ehlers; D Consuelo Martinez; R Joe Garcia; R Christian Garcia; R Michael Morasco; [email protected]; D Carol Seabury; Jack Fisher; Mitch McKay; D Matthew Leyba-Gonzalez; [email protected]; CityClerk; D George Gastil; DTS Liana LeBaron; D Jennifer Mendoza; D Alysson Snow; Clerk; Luz Molina; Jose Rodriguez; Ditas Yamane; Marcus Bush; [email protected]; D Eric Joyce; R Richard Robinson 760-435-3048; R Peter Weiss; City Clerk; R Brian Pepin; R Barry Leonard; R Peter DeHoff; R Caylin Frank; Clerk of the Board Diana Fuentes; Council District 1 - Joe LaCava; Council District 2 - Jennifer Campbell; Council District 3 - Stephen Whitburn; Council District 5 - Marni von Wilpert; Council District 6 - Kent Lee; Council District 7 - Raul Campillo; Council District 8 - Vivian Moreno; Council District 9 - Sean Elo-Rivera; City Clerk; Maria Nunez; R Mike Sannella; R Sharon Jenkins; R Ed Musgrove; [email protected]; R Rob McNelis; R Ronn Hall; R Laura Koval; R Dustin Trotter; [email protected]; D David A. Zito; D Kristi Becker; D Jewel Edson; D Jill MacDonald; City Clerk; D Corinna Contreras; R Joe Green; D Katie Melendez; D Dan O"Donnell Subject: SANDAG SALES TAX DUPLICATIVE, WASTEFUL, REGRESSIVE - A BAD DEAL Date: Wednesday, April 24, 2024 9:20:49 AM
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Hi Alan,
Glad you're back, and thanks for reminding me to talk about SANDAG's proposed tax.

How much does this tax make up for poor or misdirected or misused spending? SANDAG has its share of flooded roads, incomplete and crazy projects and the SR-125 fiasco, and now the FBI on its back.

But a prime example is how San Diego wants a 1/2 cent tax to cover for all the construction and maintenance of the stormwater  it failed to do.

The proposed half cent sales tax is regressive, uncertain - and would be a waste and a disaster. 89% of the funds from this tax may be used on things other than the listed projects and only 7% on actual road maintenance.  We literally don't know what we're voting on.

Finding 'i' of the sales tax ordinance as certified for the ballot by the Board of Supervisors describes what the money will be spent on and should be in the action section, not the findings.  Findings 'f to h' sound like an advertisement rather than a finding.  Was this ordinance written by amateurs?  Will they be running the show?
The ordinance sets up a commission - the San Diego County Regional Transportation Commission to administer funds, which are to be spent on projects planned by existing agencies.  Then, it sets up the Taxpayer Oversight Committee, to audit the spending.  Do we need to pay all these new admin fees? SANDAG did not report a broken toll system to its own Directors for 6 years.  So now that is a big crisis.  It should not be an influence or decision maker on either committee.  Policymakers there seem to be about pushing for projects rather than administering and maintaining them responsibly.  It will also be so involved in most of the listed projects that it would be a conflict of interest.

Finally, SANDAG has a history of broken promises or  major scandals and things promised not fixed until someone calls them on it (screams bloody murder might be a better term.)
Let's not repeat history by enacting a sales tax giving them another pot of money to use ot abuse almost at will.

And by the way, with two investigations, misused and wasted funds, at least 4 major scandals, and a reputation quickly going south, is this a tax or a bailout?
Best, Paul Henkin
-----Original Message-----
From: alan mil
Sent: Apr 24, 2024 7:16 AM
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Vista Council 1 Carolina Chavez <[email protected]>, Chula Vista Council 2 Jose Preciado <[email protected]>, Chula Vista Council 3 Alonzo Gozalez <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, Del Mar Council Dan Quirk <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, Imperial Beach City Council Carol Seabury <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, City Clerk-City of La Mesa <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, San Diego City Clerk Diana Fuentes <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]> Subject: Fwd: SANDAG NEEDS TO BE RESHAPED IN THE PUBLIC INTEREST & NOT READY FOR FEDERAL CERTIFICATION

COPY TO
NEWS
MAYORS

CITY COUNCILS

SANDAG REPS

COUNTY SUPERVISORS

COUNTY DISTRICT ATTORNEY

STATE REPS
@CLERKS - For the next council/board meetings please attach entire email including JPGs and PDFs into public record non agenda public comment.

Please see attached PDFs and forwarded email below

ENTIRE COUNTY AFFECTED WHEN

COMMERCE FROM BORDER

COSTS MORE TO DELIVER
SANDAG proposing after removal of Toll on "Free"way 125 CONVERT ENTIRE 125 INTO PERMANENT MANAGED LANE
CAR POOL OR FOR MOST DRIVERS THAT CANNOT CAR POOL WILL CONTINUE TO PAY TOLL. THIS THE SAME AS FREEWAY 15 MANAGED LANES THAT FEW DRIVE RESULTING IN REGULAR LANES CLOGGED OF TRAFFIC. THE DIFFERENCE HERE IS THE ENTIRE 125 LANES PROPOSED CONVERTED TO MANAGED PAY A FEE TOLL LANES!
SANDAG AGENDA 11 APRIL 26 2024
https://docs.google.com/gview?url=https%3A%2F%2Fgranicus_production_attachments.s3.amazonaws.com%2Fsandag%2F0af1951d5a5a586528f0a355c2f788960.pdf&embedded=true SANDAG IGNORES TRANSNET TAX THAT LISTED FREEWAY EXPANSION 125 THAT PROMISED VOTERS FREEWAYS NOT TOLL ROADS OR MANAGED LANES 1988 TRANSNET TAX DOES NOT EXPIRE UNTIL 2048 YET SANDAG PROPOSING YET ANOTHER ADDITIONAL TAX THIS NOVEMBER BALLOT

VOTE NO

SANDAG TAX

NOVEMBER BALLOT
WHO GETS THE "EQUITY FOR ALL" FREE OPTION?
"Convert all existing lanes to managed lanes: Converting the toll road to a fully managed facility is believed to be a lower cost to implement and with less environmental impacts. It also would be consistent with SANDAG Resolution 2023- 22.

A fully managed facility could be operated in a variety of ways to address specific goals related to traffic and equity, including ensuring there is always a free option. This would provide an alternative to toll - only operations, allow for debt repayment sooner, and provide funds to reinvest in the corridor for operating and maintaining the roadway into the future. As such, this is the alternative included in the 2035 phase of the initial concept for the 2025 Regional Plan." https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/2573900/Item_11_-_Process_for_Removing_Tolls_on_SR_125.pdf --
Alan Curry
---------- Forwarded message ---------
From:

Paul
Date: Tue, Apr 23, 2024 at 5:54 PM
Subject: SANDAG NEEDS TO BE RESHAPED IN THE PUBLIC INTEREST & NOT READY FOR FEDERAL CERTIFICATION To: Asmbly Boerner-Horvath (77) <[email protected]>, Asmbly David Alvarez (80 CV) <[email protected]>, Asmbly Laurie Davis (74) <[email protected]>, CA Asmbly Akilah Weber (79-La Mesa) <[email protected]>, CA Asmbly Maienschein (76) <[email protected]>, CA Asmbly Marie Waldron (75) <[email protected]>, CA Asmbly Ward (78) <[email protected]>, CA Senator Blakespear <[email protected]>, CA Senator Brian Jones (40) <[email protected]>, CA Senator Kelly Seyarto (32) <[email protected]>, CA Senator Steve Padilla (18 CV) <[email protected]>, CA Senator Toni Atkins <[email protected]> Cc: DOT Certification <[email protected]>, CV Live Data Robert Johnson <[email protected]>, ABC 10 San Diego <[email protected]>, Fox 5 69 San Diego <[email protected]>, Fox 5 69 San Diego <[email protected]>, KOGO Carl DeMaio (Reform California KOGO DeMaio Report) <[email protected]>, KOGO Mark Larsen Radio San Diego <[email protected]>, KOGO Mike Slater <[email protected]>, KPBS San Diego <[email protected]>, KUSI 51 San Diego <[email protected]>, KUSI Mark Mathis <[email protected]>, KUSI Teresa Sardina <[email protected]>, La Prensa San Diego <[email protected]>, NBC 7 San Diego <[email protected]>, Escondido Times-Advocate <[email protected]>, Rancho Santa Fe Review <[email protected]>, Del Mar Times <[email protected]>, San Diego UT Senior Editor <[email protected]>, San Diego UT Community Op Ed <[email protected]>, Times of San Diego <[email protected]>, Voice of San Diego <[email protected]>, Advocate <[email protected]>, Coronado Times <[email protected]>, La Jolla Light Editor <[email protected]>, Chula Vista Star News <[email protected]>, Carlsbad Coast News (also San Marcos Vista & Oceanside <[email protected]> Dear Senators and Assemblypersons,
SANDAG underwent an investigation by its internal independent auditor for mischarging tollpayers on the SR-125 although they had reason to know the system didn't work for 6 years.  It is apparently under investigation by the DOJ as well.

The SANDAG investigation Management response was not made available to the public or even to this board on time.  The deadline was Monday 4/8.  But even though the response was dated Monday and some of the documents were dated a few days earlier, Management seems to have waited until Wednesday 4/10 after business hours to deliver them.  The next meeting, when the Board scheduled a discussion on the response, was Friday, and then it suddenly cancelled (postponed) even that.

An evening and a day is not enough time to seriously read and study this document.

And to be honest, I (not the only one) speak slowly and the one minute almost always allowed - 4 or 5 paragraphs - for speaking (not the 3 minutes mentioned in every agenda) is one reason I am sending written comments.

Shows Management's contempt for the Board and for due process.  We need to hold management accountable for this.  If it cannot co-operate with its own Board of Directors, we need to get rid of it. In April, The Union Tribune also suggested this. Maybe the FBI will do this for us.

In fact, this is why I am writing to you.  My personal feeling is that SANDAG needs to be reconstituted with as little political as opposed to professional (I mean people who advocate for transportation) influence as possible.  I think that there should be a Board of Directors composed of Mayors or their Representatives, and that one of them, not an outsider, should be the Board Chairperson.  I do not think that SANDAG should have the option of a weighted vote.  I think each Boardmember's opinion should count equally.

Also, I do not like the way that SANDAG puts pressure on its Board to do things (see item 11 on the current agenda (attached) where staff apparently included option 3 in the 2025 regional plan with little to no public discussion.)  The last years, my overall impression is that SANDAG has put pressure on the Board more or less like an ad campaign, often at the expense of a full discussion of issues.  Its reputation and ability to act freely have been severely diminished.

It is not helpful either that the Board wants to approve more funds for Transnet (which includes the SR-125.)  I'm not sure how the Transnet funding eligibility request can be approved when the books were cooked and the responsible party is the one asking for more funds.  And I mean someone who classes a few million dollars as immaterial ignoring the fact that the mistakes happened over 6 years and hurt people as well as wasting taxpayer money on a problem which could have been fixed earlier is disgraceful.

The whole thing walks, talks, and smells like a cover-up.

I hope that you will give some thought to resolving this issue.  I do not think that SANDAG needs to be re-certified by the Department of Transportation either.

Here is what I think about Management Response to the SR 125 Investigation (Item 9 on the current agenda):

Management's basic position seems to be - see nothing, hear nothing, say nothing, except that there's a plan and reveal as little else as possible. Management failed to present its response on time, and I hope it has its response to the FBI ready as well.

I think it is pathetic that the report still suggests that Management actually did anything at the April 12 meeting.  Yet the response keeps saying "Management accepts this recommendation and will incorporate it into the Toll Operations Action Plan presented to the Board at its January 12, 2024, meeting.  In fact, there was no such presentation at the meeting.

Then the action plan (attached) has alot of inconsistencies and omissions.  For one thing, it is still dated 4/5, which leaves me wondering if they have done anything since then or altered the plans.

It says "Launch Contract Management Support Unit to oversee effective administration of awarded contracts, proactively communicate, and help address any contract performance issues." is in progress.  Well with all of the contracting and related scandals of the past years, this should have been done already.

Waiting for more contract fraud to happen?
It says "Update procurement policies." is complete.  But there is no detail to show with this.  Perhaps there is need for further change? It says "Complete assessment of Toll Operations and develop Toll Operations Improvements Plan to address staffing, policies, procedures, structure, and ongoing management of the system. Phase I" is complete.  How much did Phase I improve?  It would be nice to have detail on both Phases.

It says "Complete reconciliation of customer records that did not balance in the general ledger: is in progress. But then "Complete reconciliation of customer records that did not balance in the general ledger"' is completed.  How can the reconciliation be completed before all the records are identified? It says "Evaluate if DMV Hold Functionality can be implemented as part of New Back-Office System Launch and identify interim collection options." apparently, this function was part of the original toll system, so why is it only in progress? Last for the plan, it has an item "Requirements gathering/Outcome Matrix Approval."  No detail, so we do not know what requirements or matrix.  Are we running a secret society here? And in attachment 5, the Board Questions, where contracts are issued based on weighted scores before an actual interview suggest to me that data is more important than people.

I think that the question "Why go live with the ETAN Fastlane system if it was not ready to be deployed?" was more rhetorical. There is no excuse for deploying an unready system when you're dealing with real world people.

Then, management has the nerve to say "We are aware of isolated incidents of customers being mischarged, which we addressed as soon as we were made aware [the 100 transactions cited in the Investigation Report and December 8, 2023] However, based on the information we have at this time, it appears that the software failures are primarily a general ledger issue and not a customer account issue." This whole thing, the lawsuit, the Board discussion, the investigation, was based on way more than 100 bad records and who cares what ledger if the result causes harm to someone?  Another reason why Management needs to resign and the Board of Directors needs to be reshaped.

Regards,
Paul Henkin

the design phase would be determined upon the completion of the project initiation and environmental phases.

If SANDAG relinquishes the SR 125 to Caltrans, an assessment of pavement condition, drainage systems, traffic management systems, American with Disabilities Act access, and bridges would need to be completed. Elements that are not currently in a state of good repair would need to be improved prior to relinquishing the facility. The cost estimates and schedule to bring the facility into a state of good repair, construct additional project features, and maintain the facility thereafter would be determined upon completion of the Project Initiation Phase. Funds to operate and maintain the facility would also need to be identified.

Preliminary Analysis of Toll Removal
In 2022, when the SANDAG Board took action to prioritize eliminating toll-only operations, SANDAG conducted preliminary modeling analysis of removing the tolls from SR 125. The analysis was done for 2030 and revealed an increase in vehicle miles traveled (VMT), travel time, and delays along SR 125.

Removing the toll on the SR 125 also did not result in a significant improvement to travel times or a reduction in delay on I-805. Although this analysis was done in an older version of SANDAG’s transportation model, similar results would be expected in the new model, given the forecasted population and housing growth in the communities around the corridor.

Based on this preliminary analysis, converting SR 125 to general purpose lanes would not be consistent with SANDAG Resolution No. 2023-22, or federal and state climate law. Therefore, various managed lane options have been considered for the SR 125:
• Adding two managed lanes: The 2021 Regional Plan envisioned the addition of managed lanes by 2042. This option would take the longest to implement and the cost of construction and mitigation is expected to be high due to required bridge widenings, impacts to sensitive habitat, VMT mitigation, and necessary facility retrofits to meet compliance with Caltrans standards. • Convert one existing lane in each direction to managed lanes: As part of developing the initial concept for the 2025 Regional Plan, staff explored converting one lane in each direction to a managed lane and one lane in each direction to a general-purpose lane. This was determined to be infeasible due to the operational challenge of monitoring and managing the lanes in the event of a crash where the facility would be narrowed to one usable lane. • Convert all existing lanes to managed lanes: Converting the toll road to a fully managed facility is believed to be a lower cost to implement and with less environmental impacts. It also would be consistent with SANDAG Resolution No. 2023-22. A fully managed facility could be operated in a variety of ways to address specific goals related to traffic and equity, including ensuring there is always a free option. This would provide an alternative to toll-only operations, allow for debt repayment sooner, and provide funds to reinvest in the corridor for operating and maintaining the roadway into the future. As such, this is the alternative included in the 2035 phase of the initial concept for the 2025 Regional Plan.

In parallel with these options, SANDAG staff recommends conducting an equity analysis of the toll road to evaluate current equity impacts and identify near-term opportunities for addressing those impacts. A comprehensive equity analysis is expected to cost approximately $200,000 and take a year to complete.

Elimination of SR 125 Debt
SANDAG purchased the SR 125 franchise from creditors following bankruptcy in December 2011 at a 65% discount for $341 million. As part of the purchase price, SANDAG inherited the outstanding TIFIA loan for the facility, which, along with the TransNet loan, were the only outstanding debt obligations for SR 125. The TIFIA loan was refinanced and the TransNet loan was paid off for a total cash flow savings of $147 million.

BRT service ($106.3 million). An estimated
$2.4 billion is required for the remaining
project improvements along the corridor,
which include additional general purpose
lanes, and direct access ramps to the
Managed Lanes facilities.

Project Status
Caltrans and SANDAG completed a
corridor study for I-805 in 2005. Preliminary
engineering and environmental studies are
underway, and BRT service is scheduled to
begin in 2010. All improvements are planned
to be in place by 2020.

Funding Status
The I-805 project has been identified as a
high-priority project by SANDAG and is part
of the TransNet Early Action Program.

Summary
The I-805 Managed Lanes project will offer
a premium level of service to transit users,
ridesharers, and paying solo commuters
during rush hours. During the off-peak
periods, the Managed Lanes could be used
to facilitate trucking and goods movement
through the region.

Plans are in progress to create a BRT
system that would operate in the Managed
Lanes, connecting South Bay and East
County cities to major regional employment
centers in downtown San Diego and
Sorrento Valley.

I-805 begins less than one mile from the
U.S.–Mexico border, and services some of
the most heavily populated communities
and key employment centers in the region.

It is a critical corridor for commuters as well
as commercial and international traffic.

I-805 provides access to South Bay cities,
San Diego’s urban core, Mission Valley,
Sorrento Valley, and the Miramar Marine Corps
Air Station. It also connects with major eastwest routes providing access to downtown San Diego and East County cities.

January 2007
From: Jesse Marquez
To: [email protected]; Clerk; [email protected]; Ron Morrison; [email protected]
Cc: Jesse N Marquez; Jesse Marquez; Sandy Naranjo
Subject: Coalition For A Safe Environment Public Comments Submission on City Council Agenda 12.4 May 7, 2024 Date: Tuesday, May 7, 2024 11:08:42 AM
Attachments: CFASE - National City - Public Comments City Council Agenda 12.4 - 5-7-2024.pdf CFASE POSD - Port Commissioner Sandy Naranjo LOS 11-1-2023.pdf CFASE Final POSD - Port Commissioner Sandy Naranjo LOS 11-13-2023.pdf CFASE POSD Port Commissioner Sandy Naranjo LOS 10-31-2023.pdf California State Lands Commission - Port of San Diego Applicable Statutes and Chapters 5-7-2024.pdf Statutes of California - S1962-Chapter 67 - Establishment of the San Diego Unified Port District - 5-8-1962 - 21 pgs..pdf
The Public Trust Doctrine - California State Lands Commission - 1 pg..pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

National City - City Council
1243 National City Blvd.

National City, CA 91950
619-336-4233
[email protected]
Kerry K. Bigelow, MMC
City Clerk
[email protected]
City Attorney
[email protected]
Ben Martinez, City Manager
[email protected]
Ron Morrison, Mayor
[email protected]
Re: City Council Agenda 12.4 - Discussion and Consideration of the Status of Port Commissioner Sandy Naranjo Pursuant to City Council Policy 107.

Su: Public Comments for Discussion and Consideration in Support of Retaining Item 12.4
National City
Port of San Diego - Board of Port Commissioner Sandy Naranjo Dear City Council:

The Coalition For A Safe Environment (CFASE) is submitting these public comments and attached supporting documents in support of and on behalf of National City Port of San Diego Port Commissioner Sandy Naranjo.

The Coalition For A Safe Environment is requesting that National City Council not to vote to remove Port Commissioner Sandy Naranjo for the following reasons:

1. Commissioner Naranjo has acted properly in her public fiduciary responsibilities to represent National City on the San Diego Unified Port District (Port of San Diego) - Board of Commissioners.

2. Commissioner Naranjo has engaged in proper professional participation and public oversight over the Port of San Diego.

3. Commissioner Naranjo has engaged in proper professional participation and public oversight over the Board of Commissioners.

4. Commissioner Naranjo has engaged in proper professional participation and public oversight for compliance with the State Lands Commission Public Trust Doctrine.

5. Commissioner Naranjo has engaged in proper professional participation and public oversight for compliance with the Statutes of California Chapter 67- An act to provide for the establishment of the San Diego Unified Port District - May 8, 1962, and all subsequent applicable Chapters and Statutes.

6. Commissioner Naranjo has engaged in proper professional participation and public oversight for compliance with all applicable state and federal laws, statutes, rules, regulations, requirements, and programs.

7. The San Diego Unified Port District has provided no validated evidence of any wrongdoing by Commissioner Sandy Naranjo.

8. The Port of San Diego - Board of Port Commissioners violated the Brown Act and the Bagley-Keene Act.

9. The Port of San Diego - Board of Commissioners has provided no validated evidence of any wrongdoing by Commissioner Sandy Naranjo.

10.National City Council has no validated evidence of any wrongdoing by Commissioner Sandy Naranjo.

11.National City Council will open itself to legal liability for engaging in suspected unlawful activities with the Port of San Diego and the Board of Commissioners including but not limited to: collusion, conspiracy, fraud, public right to know, public transparency, conflict of interest, censorship, retaliation, defamation of character, libel, slander, violation of due process and civil rights.

Please see attachments.

Respectfully Submitted,
Jesse N. Marquez
Executive Director
Coalition For A Safe Environment
310-982-3053
https://www.slc.ca.gov/granted-public-trust-lands/grantees/san-diego-unified-port-district/ May 2, 2024
San Diego Unified Port District
The San Diego Unified Port District was created by Chapter 67, Statutes of 1962 to manage in trust certain tide and submerged lands within the San Diego Bay. Lands within the Bay that had been previously granted to the cities of San Diego, Chula Vista, Coronado, and National City were transferred to the District. In addition, the land originally granted to Imperial Beach along the Pacific Ocean was transferred to the Port. The lands are to be used for purposes that benefit the statewide public, including commerce, navigation, fisheries, and recreation.

Statute Description
Chapter 67, Statutes of 1962
Sections 63, 64, and 65
REPEALED by Chapter 673
Section 54 REPEALED by Chapter
2043
Section 26 REPEALED by Chapter
399
Section 37 REPEALED by Chapter
118
San Diego Unified Port District Act
An act to provide for the establishment of the San Diego Unified Port District; to provide for the calling of municipal elections therefor; describing the powers, duties, and
functions thereof, authorizing the district to borrow money and issue bonds for district purposes: to provide means of raising revenues for the operation, maintenance and bond redemption of the district; and to provide for the transfer to such district of tidelands and lands lying under inland navigable waters.

Chapter 673, Statutes of 1963
An act to amend Sections 18, 21 22, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 41, 42, 43, 44, 45, 46, 47, 49.5, 51, 52, 53, 54, 57, 62, 66, 67, 71, 77, 80, 84, 86 and 87 of, and to repeal Sections 63, 64 and 65 of, and to add
Sections 74 and 88 to the San Diego Unified Port District Act (Chapter 67 of the Statutes of 1962, First
Extraordinary Session), relating to the San Diego Unified Port District.

Chapter 349, Statutes of 1965
An act to add Section 72.5 to, and to amend Sections 72, 73, and 75 of, the San Diego Unified Port District Act
(Chapter 67, Statutes of 1962, First Extraordinary
Session), relating to personnel.

Chapter 577, Statutes of 1965
An act to amend Section 17 of the San Diego Unified Port District Act (Chapter 67 of the Statutes of 1962, First Extraordinary Session), relating to the San Diego Unified Port District.

Statute Description
Chapter 1744, Statutes of 1965
An act conveying in trust certain tidelands and submerged lands located in San Diego Bay to the San Diego Unified Port District in furtherance of navigation and commerce and the fisheries, and providing for the government,
management and control thereof, and reserving certain
rights to the state.

Chapter 2043, Statutes of 1965
District Reorganization Act of 1965
Relating to governmental units known as districts,
providing for a uniform procedure for the initiation, conduct and completion of proceedings for annexations,
detachments, dissolutions and consolidations made by or with respect to districts, mergers of certain districts with cities, establishment of certain districts as subsidiary districts of cities and reorganization of two or more districts (including, as a part thereof, the formation of new districts), and for review by local agency formation commissions of proposals for any of the foregoing proceedings; and in this connection: …to repeal the following general and special law sections: … Section 54 of the San Diego Unified Port District Act (Chapter 67, Statutes of 1962, First
Extraordinary Session) …
Chapter 1114, Statutes of 1973 An act relating to tidelands and submerged lands conveyed to the San Diego Unified Port District.

Chapter 208, Statutes of 1974
An act to amend Section 7262 of the Harbors and
Navigation Code, to amend Sections 4810, 6785 and
13906 of the Health and Safety Code, to amend Section
72094 of the Water Code, to amend Section 44 of the San Diego Unified Port District Act (Chapter 67 of the Statutes of 1962, First Extraordinary Session), to amend Section 74 of Chapter 1654 of the Statutes of 1961, and to amend
Section 28 of the Water Conservation Act of 1927
(Chapter 91 of the Statutes of 1927), relating to property taxation.

Chapter 587, Statutes of 1975
An act to amend … Section 27 of the San Diego Unified
Port District Act (Chapter 67 of the Statutes of 1962, First Extraordinary Session) …
Chapter 1227, Statutes of 1977
An act to amend Section 36 of the Humboldt Bay Harbor,
Recreation, and Conservation District Act (Chapter 1283 of the Statutes of 1970), and to amend Section 37 of the San Diego Unified Port District Act (Chapter 67 of the
Statutes of 1962, First Extraordinary Session) relating to harbors.

Chapter 171, Statutes of 1982
An act to amend Sections 17 and 72.5 of the San Diego
Unified Port District Act (Chapter 67 of the Statutes of 1962, First Extraordinary Session), relating to the San Diego Unified Port District.

Statute Description
Chapter 168, Statutes of 1990
An act to amend Sections 5 and 29 of the San Diego
Unified Port District Act (Chapter 67 of the Statutes of 1962, First Extraordinary Session), and to repeal Chapter 330 of the Statutes of 1961, relating to tidelands and
submerged lands, to convey certain tidelands and
submerged lands to the San Diego Unified Port District
Chapter 978, Statutes of 1991
An act to amend Sections 6060, 6103, and 6105 of, and to add Sections 5904, 6094, 6365, 6944, and 7266 to, the
Harbors and Navigation Code, to amend Section 5101 of
the Streets and Highways Code, to add Section 61 to the San Diego Unified Port District Act (Chapter 67 of the
Statutes of 1962, First Extraordinary Session), and to add Section 63.5 to the Humboldt Bay Harbor, Recreation, and Conservation District Act (Chapter 1283, Statutes of
1970), relating to water facilities.

Chapter 399, Statutes of 1996
An act to amend Sections 4, 5, 21, 22, 23, 27, 29, 30, 41, 42, 51, 61, 66, 72, 80, 86, and 87 of to add Section 30.5 to, and to repeal Section 216 of, the San Diego Unified Port District Act (Chapter 67 of the Statutes of 1962, First Extraordinary Session), relating to the San Diego Unified Port District.

Chapter 480, Statutes of 1996
An act to amend Sections 18, 20, 72.5, 75, and 82 of the San Diego Unified Port District Act (Chapter 67 of the
Statutes of 1962, First Extraordinary Session), relating to the San Diego Unified Port District.

Chapter 118, Statutes of 1997
An act to repeal and add Section 37 of the San Diego
Unified Port District Act (Chapter 67 of the Statutes of 1962, First Extraordinary Session), relating to the San Diego Unified Port District.

Chapter 302, Statutes of 2000
An act to add Section 5.5 to the San Diego Unified Port District Act (Chapter 67 of the Statutes of 1962, First Extraordinary Session), relating to the San Diego Unified Port District.

Chapter 946, Statutes of 2001
An act to add Section 21670.3 to, and to add Division 17 (commencing with Section 170000) to, the Public Utilities Code, and to amend Sections 4 and 5 of the San Diego
Unified Port District Act (Chapter 67 of the Statutes of 1962, First Extraordinary Session), relating to airports.

Chapter 978, Statutes of 2002
An act to amend Sections 170004, 170006, 170010,
170012, 170016, 170018, 170024, 170026, 170038,
170042, 170048, 170052, 170056, 170058, 170062,
170064, 170068, 170070, 170072, 170076, 170078,
170082, and 170084 of, to repeal Sections 170058.5,
170059, and 170080 of, and to repeal and add Sections
170028, 170060, and 170066 of, the Public Utilities Code, relating to airports.

Statute Description
Chapter 382, Statutes of 2005
An act to amend Section 71 of Chapter 67 of the Statutes of 1962, First Extraordinary Session, relating to port
districts.

Chapter 538, Statutes of 2006
An act to amend … Section 87 of the San Diego Unified
Port District Act (Chapter 67 of the Statutes of 1962, First Extraordinary Session) …
Chapter 931, Statutes of 2014
An act to repeal Sections 14661 and 14661.1 of the
Government Code, to amend, repeal, and add Section
32132.5 of the Health and Safety Code, to amend Section 20209.14 of, to add and repeal Article 6 (commencing with Section 10187) of Chapter 1 of Part 2 of Division 2 of, to add and repeal Chapter 4 (commencing with Section
22160) of Part 3 of Division 2 of, to repeal Sections 20133, 20175.2, 20193, 20301.5, and 20688.6 of, and to repeal
Article 22 (commencing with Section 20360) of Chapter 1 of Part 3 of Division 2 of, the Public Contract Code, to add Section 37.2 to the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the
Statutes of 1962), and to repeal Section 6 of Chapter 2 of the Second Extraordinary Session of the Statutes of 2009, relating to design-build.

Chapter 192, Statutes of 2018
An act to add Section 5.8 to the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962)
Chapter 372, Statutes of 2019
An act to add Section 5.7 to the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962), relating to tidelands and
submerged lands, and making an appropriation therefor.

Coalition For A Safe Environment 1601 N. Wilmington Blvd., Ste. B, Wilmington, CA 90744 www.cfase.org [email protected] [email protected]
310-935-2311 310-982-3053
May 7, 2024
National City - City Council
1243 National City Blvd.

National City, CA 91950
619-336-4233
[email protected]
Kerry K. Bigelow, MMC
City Clerk
[email protected]
City Attorney
[email protected]
Ben Martinez, City Manager
[email protected]
Ron Morrison, Mayor
[email protected]
Re: City Council Agenda 12.4 - Discussion and Consideration of the Status of Port Commissioner Sandy Naranjo Pursuant to City Council Policy 107.

Su: Public Comments for Discussion and Consideration in Support of Retaining National City Port of San Diego - Board of Port Commissioner Sandy Naranjo Dear City Council:

The Coalition For A Safe Environment (CFASE) is submitting these public comments and attached supporting documents in support of and on behalf of National City Port of San Diego Port Commissioner Sandy Naranjo.

The Coalition For A Safe Environment is requesting that National City Council not to vote to remove Port Commissioner Sandy Naranjo for the following reasons:

1. Commissioner Naranjo has acted properly in her public fiduciary responsibilities to represent National City on the San Diego Unified Port District (Port of San Diego) - Board of Commissioners.

2. Commissioner Naranjo has engaged in proper professional participation and public oversight over the Port of San Diego.

3. Commissioner Naranjo has engaged in proper professional participation and public oversight over the Board of Commissioners.

4. Commissioner Naranjo has engaged in proper professional participation and public oversight for compliance with the State Lands Commission Public Trust Doctrine.

5. Commissioner Naranjo has engaged in proper professional participation and public oversight for compliance with the Statutes of California Chapter 67- An act to provide for the establishment of the San Diego Unified Port District - May 8, 1962, and all subsequent applicable Chapters and Statutes.

6. Commissioner Naranjo has engaged in proper professional participation and public oversight for compliance with all applicable state and federal laws, statutes, rules, regulations, requirements, and programs.

7. The San Diego Unified Port District has provided no validated evidence of any wrongdoing by Commissioner Sandy Naranjo.

8. The Port of San Diego - Board of Port Commissioners violated the Brown Act and the Bagley-Keene Act.

9. The Port of San Diego - Board of Commissioners has provided no validated evidence of any wrongdoing by Commissioner Sandy Naranjo.

10.National City Council has no validated evidence of any wrongdoing by Commissioner Sandy Naranjo.

11.National City Council will open itself to legal liability for engaging in suspected unlawful activities with the Port of San Diego and the Board of Commissioners including but not limited to: collusion, conspiracy, fraud, public right to know, public transparency, conflict of interest, censorship, retaliation, defamation of character, libel, slander, violation of due process and civil rights.

Coalition For A Safe Environment Intentions:

CFASE wishes to formally advise National City Council that:
a. We are prepared to file a Request for Investigation with the California Attorney General. b. We are prepared to file a Request for Investigation with the California State Lands Commission.
c. We are prepared to file a Request for Investigation with the U.S. Department of Justice. d. We are prepared to file a Request for Investigation with the County of San Diego District Attorney.
e. We are prepared to exercise all legal recourses to protect the public interests, public laws, and individual civil rights.

Coalition For A Safe Environment Information:
a. The Coalition For A Safe Environment is a 23-year-old environmental justice non-profit community-based organization involved in public advocacy, community organizing, family assistance, public education, leadership development, community empowerment, urban planning, community sustainability, emergency preparedness, economic development, public policy & program evaluation, public right-to-know, protection of public health, public safety, environmental, social justice and civil rights. b. The Coalition For A Safe Environment has extensive knowledge of Thomas A. Russell, current legal counsel for the Port of San Diego who was the former legal counsel at the Port of Los Angeles and Nick Tonsich, former President of the Board of Port Commissioners and Board Harbor Commissioner at the Port of Los Angeles and their questionable ethical long-standing business relationships. c. The Coalition For A Safe Environment has conducted our own independent review of the actions by Port of San Diego and the Board of Commissioners and based on our review of public information, our research and discussions with multiple stakeholders and our extensive knowledge of typical port management and decision making and our knowledge of the current Port General Legal Counsel Thomas Russel, we have taken the position to support and defend Port of San Diego Commissioner Sandy Naranjo, the duly appointed representative from the port city of National City.
d. The Coalition For A Safe Environment wishes to advise you that Commissioner Sandy Naranjo is not a member of our organization and has never been a member of our organization. She is not a member or past member of any organization that we are affiliated with. Commissioner Sandy Naranjo did not contact us for any assistance or involvement.

We were notified by other organizations of the actions that the Port of San Diego Board of Port Commissioners were going to take to censure Commissioner Sandy Naranjo, we decided to investigate allegations made against her, to intervene on her behalf, to protect the publics interests and enforcement of public laws, policies, rules, regulations, programs and trust agreements.

Supporting Information and Legal Concerns:
a. There are several serious ethical and legal violations by the Port of San Diego (San Diego Unified Port District) and the Board of Port Commissioners that National City should be including in your Agenda 12.4 Discussions and Considerations and reference to City Council Policy 107.
b. The Coalition For A Safe Environment submitted on November 13, 2023, to the Port of San Diego (San Diego Unified Port District) our request to delay voting on Agenda #15 2023- 0270 Resolution Electing Chairperson, Vice Chairperson and Secretary of the Board of Port Commissioners. In our request CFASE described in detail several serious ethical and legal violations by the Port of San Diego (San Diego Unified Port District) and the Board of Port Commissioners which were ignored, and a vote was taken on Agenda # 15 to move forward. See attachment letter.
c. CFASE submitted on November 13, 2023, to the National City Council, City Clerk, City Attorney and City Manager our “Request To Appeal A Port of San Diego Board of Port Commission Decision.” In our request CFASE described in detail several serious ethical and legal violations by the Port of San Diego (San Diego Unified Port District) and the Board of Port Commissioners that we wished to discuss with you. National City Council, the City Clerk, City Attorney and City Manager have never responded to our request to be placed on the National City Council Agenda. See attachment letter. d. City Council Members as elected officials by the residents of National City have serious fiduciary and ethical legal requirements that they must follow. In addition, City Council members must also be aware of state and federal laws, rules and regulations which may be required in certain decision making and actions by the City Council. This includes your right to perform your own individual “Due Diligence,” which means conducting your own independent research and assessment to help guide you in your final decision making, your right to request a delay to allow you time to perform your Due Diligence, your right to request additional studies or information to allow you to make a proper decision and/or vote, your right to seek opinions from experts in one or more areas to help guide you and your right to seek independent third party legal counsel advise on a legal matter in your final decision making. In addition, you must consider Civil Rights and Environmental Justice Impacts from your decision making.
e. Commissioners elected or appointed by the City Council must also follow these same fiduciary and ethical legal requirements. They must also make decisions based on the best interests of the city, its residents, the public and when necessary, defend those rights and decisions.
f. We wish to also wish to advise you that National City Policy 107, Section D(14) may not be legal. The policy includes the following, ”Any Commissioner sitting on a Board, Committee, or Commission may be removed from office at any time by a simple majority vote of the City Council at a regularly scheduled Council meeting with or without cause,” this may be a violation of an Individual’s Right to Due Process and their Civil Rights. Removal of a Port Commissioner without proper notice, probable cause, evidence and right to challenge is arbitrary and capricious and subject to legal challenge. It is a fact that 100’s of cities in the United States lose in court every year because their policies, ordinances, rules, regulations, and requirements were found in violation of some legal requirement. g. We suspect that the Port of San Diego may have has engaged inappropriate conversations, possible illegal insinuations or threats, retaliatory actions, or suggested future retaliatory actions to coerce National City Council to remove Commissioner Naranjo. We will not hesitate to file a Public Records Act Request (PRAR) to acquire all documentation from National City, the Port of San Diego, and Port Harbor Commission. h. The National City Port Commissioner Sandy Naranjo also plays an important role in assuring that the Port of San Diego and her fellow Port Commissioners comply with State of California State Lands Commission who is responsible for administering the principles of the Public Trust Doctrine and the issuing of trust agreements with cities to operate a port in the public’s interest. See attachments.
i. The common law Public Trust Doctrine protects sovereign lands, such as tide and submerged lands and the beds of navigable waterways, for the benefit, use and enjoyment of the public. These lands are held in trust by the State of California for the statewide public and for uses that further the purposes of the trust. The hallmark of the Public Trust Doctrine is that trust lands belong to the public and are to be used to promote publicly beneficial uses that connect the public to the water. The Commission manages the state’s sovereign public trust lands to promote and enhance the statewide public’s enjoyment of the lands and ensure appropriate uses of public trust lands.
j. In our Appeal we requested the Board of Commissioners to void and rescind the censure placed on Port of San Diego (San Diego Unified Port District) National City Commissioner Sandy Naranjo and request the city investigate identified potential violations by the Port of San Diego and Board of Port Commissioners of both the Brown Act and the Bagley-Keene act on open meetings. The Port of San Diego’s deliberate lack of transparency, initial refusal to publicly share evidence, and unjustified haste to push through a decision gravely affecting a disadvantaged Port City and the public trust requires review from you as a city member, as the sole oversight authority of the San Diego Unified Port District Port Commissioner’s actions through your appointee(s) to the Port Commission. k. San Diego’s Port Commissioners voted on October 10, 2023, to censure Commissioner Naranjo. This was directed by the Port of San Diego’s management and legal counsel. On the October 10, 2023, meeting date, the Board of Port Commissioners violated The Brown Act and the Bagley-Keene act in their neglect of required public notice and authority and purpose for calling a “special meeting” which requires an urgent act in the public interest, which this action clearly was not time sensitive in the public interest, but only in the Port of San Diego’s staff’s interest.
l. This decision to censure and remove National City’s Port representative from any meaningful participation was based on a secretive investigation. The investigation report was not released prior to the censure, but two days afterwards due to public outcry and litigation threats. The Port’s investigation report concluded, grudgingly, there was no wrongdoing of Ms. Naranjo’s conduct. Additionally, the Port Commissioners failed in their duties to perform their own independent due diligence to investigate Commissioner Naranjo’s pointed public questions, information and concerns about Port Management and Port Legal Counsel decisions and actions, a dereliction of their sworn duties as Port Commissioners operating in the public trust.
m. There is substantial evidence of the Port of San Diego’s Management and Legal Counsel’s violation of Ethics, Annual Statement of Economic Interest Disclosure, Contract Awards, Public Trust, Public Transparency, Public Disclosure and Public Right to Know. And yet the General Counsel was not investigated. Commissioner Naranjo was investigated instead, and censured for merely questioning the outside interests of the General Counsel during his performance review closed session meeting (the facts now made public). n. It is for these reasons outlined and for the following reasons that we submitted our request for the formal Administrative Appeal, or any actions under their powers as applicable and described in the following:

1. On behalf of the public interests and our members we file this Appeal Request to the City Council. We request to be placed on a City Council Agenda where we can discuss, present and submit additional information to support our Appeal. 1a. Decisions made by a non-elected body (Commission) of a governmental agency can be Appealed to the Elected Body having jurisdiction over the Non-Elected Body, which is solely the City Council of member cities. 1b. We went to your city website and could find no procedure or information on how to file an Appeal to the city regarding a Port of San Diego Commission vote and decision.

2. On behalf of the public interests and our members we are requesting that the City Council take actions to acknowledge and verify that the Port of San Diego Board of Port Commissioners have no authority to censure a fellow commissioner. 2a. The “Board establishes policies under which the Port's staff - supervised by the President and Chief Executive Officer - conducts its daily operations.” 2b. The Board has no statutory or legal authority to create or request a Resolution and vote to censure another port cities appointed Port Commissioner. 2c. The Board has no statutory or legal authority to create a Resolution and vote to strip or deny another port cities appointed Port Commissioner of their city obligations and rights to participate in Board of Port Commissioners Internal and External Committee Assignments, voting actions and decision making. 2d. A Board Port Commissioner is not an elected “legislative body member.” 2e. It appears that the Board of Port Commissioners have had no or inadequate training on their fiduciary and due process authorities and responsibilities.

3. On behalf of the public interests and our members we are requesting that the City Council take actions to acknowledge and verify the Port of San Diego Board of Port Commission’s violation of The Brown Act and the Bagley-Keene Act, and to void and rescind the Port Commissions meetings and votes to censure Port Commissioner Sandy Naranjo and other related actions taken.
3a. The Port Commission failed to post notice of a Special Meeting on the Home Page of the Port of San Diego website or the Board of Port Commissioners website homepage as required, by law.
3b. The Port Commission failed to post 24-hour notice of the change of times of the Special Meeting on the Home Page of the Port of San Diego website or the Board of Port Commissioners website after changing the time of the special meeting by several hours.
3c. The Port Commission failed to post 24-hour notice of the change in the Regular Port Meeting Agenda by adding a new agenda item, closed session and additional Censure items without notice and held a vote on said agenda changed item.

4. On behalf of the public interests and our members we are requesting that the City Council use any powers available to void and rescind the censure placed on Port of San Diego Port Commissioner Sandy Naranjo and to reinstate her with full authority. 4a. The Port Commission acted on information and a legal consultant’s report provided by the Port of San Diego which was prejudiced against Commissioner Naranjo and was extremely limited in scope, appearing to skew the outcome. 4b. The Port Commission acted on information provided by the Port of San Diego General Counsel Thomas A. Russell that was intended to prevent Commissioner Naranjo from disclosing information and requesting an investigation regarding his potential Ethics Violations, Annual Statement of Economic Interest Disclosure Violations and Conflicts of Interests.
4c. Commissioner Naranjo was not allowed Due Process and Reasonable Time to prepare responses to the allegations against her and to seek legal counsel.

Indeed, she was given no information at all until public outcry forced the Port Commission to grudgingly disclose their purported evidence after the illegally held censure vote.
4d. It is the intent of the Port of San Diego Management and Legal Counsel to prevent Port Commission Vice Chair Commissioner Sandy Naranjo from being elected to Chair of the Port Commission on November 14, 2023 because she was making inquiries about Port Management and Legal Counsel decisions and actions while performing the duties of her sworn responsibility to the people of California as National City’s representative.
4e. The Port of San Diego Legal Counsel Thomas A. Russell failed to disclose to the Board of Port Commissioners that they would be in violation of the San Diego Unified Port District Memorandum - Rotation of Officers dated September 27, 2021 and BPC Policy No. 001 which states that the President position is to be rotated annually and the policy for the election of the Board of the Chair, Vice-Chair and Secretary. This year the National City Port Commissioner Sandy Naranjo is to be elected Chair. It is evident the timing of the censure was intentional and staff withheld information for almost a year after the purported offense and was driven by staff concerns of transparency.

5. On behalf of the public interest and our members we are requesting that the City Council immediately notify their authorized representative Commissioners to take no voting actions to make any changes to the current Board or hold elections of officers until all investigations have been completed.
5a. The Port Commissioners failed to conduct any Due Diligence to research Port Commissioner Sandy Naranjo inquiries, concerns, and requests. 5b. The Port of San Diego counsel is providing the Port Commissioners information that is prejudiced, incomplete, missing, and misrepresented.

6. On behalf of the people of California, people of San Diego, and our members we are requesting that the City Council and all authorities take immediate actions to prevent the Port of San Diego management and personnel from violating Employee Hiring, Personnel Ethics Monitoring, Complete Statement of Economics Interest Reporting and Conflict of Interest Reporting requirements.
6a. The Port of San Diego is not conducting any Personnel Ethics Monitoring. 6b. The Port of San Diego is not adequately reviewing Statements of Economic Interest Reporting upon hiring new employees for potential conflicts of interest. 6c. The Port of San Diego is not adequately reviewing all hired staff Statement of Economics Interest Reporting annually for changes which would reveal conflicts of interest and should be easily and publicly available and currently is not. 6d. The Port of San Diego is not investigating and reporting Port Commissioner inquiries, concerns and questions about Port Management or Legal Counsel decision making, actions and inactions.
6e. The Port of San Diego did not detect in the Form 700 Statement of Economics Interest Reporting filed by Port General Counsel Tom Russell his stock positions in numerous companies that have continual business before the Port. 6f. The Port of San Diego did not detect in the Form 700 Statement of Economics Interest Reporting filed by Thomas A. Russell that companies he owned, was partner or owned stock in could present a conflict of interest.

7. On behalf of the public interests and our members we are requesting that the City Council take actions to prevent the Port of San Diego management and staff from violating contract application review, applicant qualifications, background checks, issuing of non-competitive awards and non-compliance for full disclosure reporting requirements. 7a. The Port of San Diego awarded a multi-million-dollar non-competitive award to Clean Air Engineering-Maritime Inc. (CAEMI) contrary to standard governmental agency policies.
7b. The Port of San Diego failed to investigate the background of Clean Air Engineering-Maritime Inc. (CAEMI) which is owned by Nicholas G. Tonsich aka Nick Tonsich who is entangled in litigation (now settled) by Port of Los Angeles AND Port of San Diego tenant Pasha, Stevedoring & Terminals L.P. asserting a “multi-year conspiracy,” “fraudulent documents, falsified invoices, inflated amounts paid to Tonsich,” and illegal kickbacks to Pasha staff who have since been fired.

The CAEMI Pasha Terminal on-dock ShoreKat ship emissions capture and treatment system were a complete failure. The CAEMI On-Dock ShoreKat System was allegedly the same as the CAEMI Barge METS 1 system. 7c. Pasha Stevedoring & Terminals L.P. is also a major tenant at the Port of San Diego.

8. On behalf of the public interest and our members we are requesting that the City Council use any powers available to it and it’s appointees at the Port Commission to initiate an investigation into the potential Ethics and Conflict of Interest Violations of General Legal Counsel Thomas A. Russell aka Tom Russell.
8a. Port of San Diego Legal Counsel Tom Russell did not disclose he knew Nick Tonsich nor his company, Clean Air Engineering-Maritime Inc. (CAEMI) until Commissioner Naranjo brought it to the Board’s attention and voiced her concerns in closed session, for which retaliation in the form of an investigation into Ms.

Naranjo is now clear.
8b. Port of San Diego Legal Counsel Tom Russell did not disclose he knew and worked closely with Nick Tonsich. Russell was the Port of Los Angeles General Counsel when Tonsich was the Port of Los Angeles Board of Port Commission President and Commissioner.
8c. Port of San Diego Legal Counsel Tom Russell did not disclose that he was aware that Nick Tonsich and his company Clean Air Engineering-Maritime Inc. currently had a lawsuit pending by Port of Los Angeles tenant Pasha Stevedoring & Terminals L.P.
8d. Port of San Diego Legal Counsel Tom Russell knowingly approved a multi-milliondollar non-competitive award to Clean Air Engineering-Maritime Inc. (CAEMI). 8e. Port of San Diego Legal Counsel Tom Russell did not disclose in his Form 700 Statement of Economics Interest Reporting he had established new business which might be a conflict of interest.
8f. Port of San Diego Legal Counsel Tom Russell did not disclose he had filed and was awarded a U.S. Patent for a propeller which could be used by Clean Air Engineering-Maritime Inc. while being employed by the Port of San Diego. Patents filed and awarded to a government agency employee are owned by the government agency. Mr. Russell apparently domiciled his “invention” business in the state of Wyoming, evading required California taxes and keeping this potential conflict of interest from public scrutiny.
8g. Port of San Diego Legal Counsel Tom Russell and Port staff did not inform the Port Commissioners that they would be violating The Brown Act and the Bagley-Keene act on October 10, 2023 with inadequate public notice, unjustified urgency calling a special meeting, and changing the time and agenda of the meeting several times within 24 hours and during the meeting even though members of the public called out this violation in real-time during public comment on October 10, 2023. o. The Coalition For A Safe Environment (CFASE) submitted a Letter of Confidence and Support for Commissioner Sandy Naranjo to the Port of San Diego and to the Port Commission on October 10, 2023. CFASE further submitted verbal public comments during the Board of Port Commissioners meeting. The Port of San Diego’s Port Commissioners failed to conduct any independent due diligence or request that the Port investigate and respond to any of Commissioners Naranjo’s concerns, inquiries and questions regarding Tom Russell and Nick Tonsich. See attachment. p. CFASE additionally submitted a new Letter of Support for Commissioner Sandy Naranjo to the Port of San Diego and to the Board of Port Commissioners on November 13, 2023, which included extensive information with attachments supporting her justification for inquiring about the Port of San Diego legal counsel Tom Russell and his relationship with Nick Tonsich and a recently approved non-competitive project grant award. See attachments.
q. We have extensive work history knowledge of Tom Russell, current legal counsel for the Port of San Diego who was the former legal counsel at the Port of Los Angeles and Nick Tonsich, former President of the Board of Port Commissioners at the Port of Los Angeles and their long-standing business relationships.
r. As the recent grand jury investigation into the governance of the Port of San Diego disclosed, this is an agency that believes they “can do whatever they want” as stated by current chair Rafael Castellanos.

Please feel free to contact me for any additional information. Please respond as soon as practicable, as this issue has urgency in the governance of the Port and the integrity of system of oversight of public agencies.

Respectfully submitted,
Jesse N Marquez
Executive Director
Coalition For A Safe Environment
310-982-3053
See attachments.

Coalition For A Safe Environment 1601 N. Wilmington Blvd., Ste. B, Wilmington, CA 90744 www.cfase.org [email protected] [email protected]
310-935-2311 310-982-3053
NAACP San Pedro-Wilmington-Palos Verdes Branch # 1069
San Pedro & Peninsula Homeowners United
Community Dreams
Latinos In Action
Wilmington Improvement Network
Friends of the Air, Earth and Water
California Kids IAQ
California Safe Schools
California Communities Against Toxics
November 13, 2023
Board of Port Commissioners
Port of San Diego Unified Port District
3165 Pacific Coast Highway
San Diego, CA 92101
[email protected]
Su: Letter of Support For Commissioner Sandy Naranjo
Attn: Board of Harbor Commissioners
Randa Coniglio (Acting President and CEO)
The Coalition For A Safe Environment and our supporting non-profit community organizations and homeowner association wish to submit our Letter of Confidence and Support for Port of San Diego Harbor Commissioner Sandy Naranjo. The Coalition For A Safe Environment (CFASE) is one of the leading environmental justice organizations in the San Pedro Bay Port Complex and in California statewide port related laws, policies, rulemaking, programs and projects.

Our organization is appalled, but sadly not surprised, the Port of San Diego (POSD) would take this action to censure the one Commissioner Sandy Naranjo that is doing the people’s work, diligently representing her Environmental Justice Communities, National City and protecting the public interest.

It appears the malfeasance that occurred here in Los Angeles has made its way down to San Diego in the form of ex Port of Los Angeles Chief Legal Counsel Tom Russell and his friend ex Port of Los Angeles Harbor Commission President Nick Tonsich (CAEMI).

Questioning and researching Port of San Diego and Board of Harbor Commissioners management decision making, staff actions, policies, proposals, projects, programs, reports, and presentations are within the rights of board members to provide and support full public transparency, public disclosure and public right to know.

Commissioner Naranjo was nominated and appointed by the city of National City to the Port of San Diego Board of Port Commissioners to represent their residents and Environmental Justice Communities best interests. Her professional career, academic and community involvement background illustrate her unique qualifications to properly represent her city and port neighboring Environmental Justice Communities. The Port of San Diego and the Board of Harbor Commissioners violated her rights to due process and National Cities rights to be advised and consulted on actions being taken against their appointed Port of San Diego Harbor Commissioner.

We have followed Port of Los Angeles past management personal, legal counsel, staff and Board of Harbor Commissioners new employment and commission appointments in other cities, counties, state and federal positions and including their establishment of businesses.

We are extremely knowledgeable of the work and performance history of both Tom Russel and Nick Tonsich. We have for years provided verbal comments and submitted written public comments at numerous Port of Los Angeles Board of Harbor Commission meetings regarding our concerns, suspicions and evidence about the unethical activities of Legal Counsel Tom Russel and Board of Harbor Commissioners President Nick Tonsich. This probably contributed to him accepting a position at the Port of San Diego, where no one knows him. See CFASE Public Comment Attachments.

Tom Russell did not disclose he even knew Tonsich or CAEMI until Commissioner Naranjo brought it to the Board’s attention and voiced her concerns in closed session. She never publicly questioned Russell’s obvious motives and conflicts of interest. But this Board decided it had to twist the facts that were unvalidated and make a public issue of her vigilant oversight; something every one of the Commissioners on the Board should be doing. The commissioner’s duty is to protect the public interest, not to protect the interest of Tom Russell and his friends.

I have read the HR Law Consultants,” Summary Report of Investigation of Commissioner Sandy Naranjo’s Conduct,” and there are many revelations of the other Board of Harbor Commissioners failure to conduct their own personal “due diligence” to validate questions, information and concerns of Commissioner Naranjo. This was a manufactured investigation because the “good old boys’ network” in the Port of San Diego was threatened. What a sad day for the public trust.

We are also concerned that the Port of San Diego Board of Harbor Commissioners are not aware or have ignored the Port of San Diegos past three Grand Jury Reports of the lack of oversight at the Port of San Diego and the Board of Harbor Commission. We suspect that the current actions against Commissioner Naranjo is Tom Russell manipulating and diverting attention from the Grand Jury findings.

The Port of San Diego has a systemic problem that this Board is now perpetuating and enabling with the censure of Commissioner Naranjo. This appears to have been a coordinated effort from a group of powerful port elites and insiders to silence the one commissioner that threatens their power and personal gain opportunities. Commissioner Naranjo showed the courage to fight for change, to fight for accountability and to fight for transparency.

The fact that the Port of San Diego hired HR Law Consultants to only investigate Commissioner Sandy Naranjo from a personnel violation’s perspective and not her questions, information and concerns about Legal Counsel Tom Russel discloses how the Port of San Diego management and legal department continues to manipulate investigations, scopes of work, not disclose information, engage in back room deals and avoid public transparency.

The Port of San Diego and HR Law Consultants failed to investigate and include in their report the following:

1. Legal Counsel Tom Russel did not disclose that he knew Nicholas G. Tonsich aka Nick Tonsich at the Port of Los Angeles as the Port of Los Angeles Board of Harbor Commission President.

2. Legal Counsel Tom Russel did not disclose that Nick Tonsich as the Port of Los Angeles Board of Harbor Commission President voted and hired Tom Russel as legal counsel for the Port of Los Angeles.

3. Tom Russel did not disclose that he knew Nick Tonsich at the Port of Los Angeles as a Board of Harbor Commissioner.

4. Tom Russel did not disclose that he worked for TraPac Container Terminal at the Port of Los Angeles as legal counsel before being hired at the Port of Los Angeles as legal counsel where he met Nick Tonsich. Tonsich’s first and only contract to build a bargebased emission capture system was with TraPac at the Port of Los Angeles.

5. Tom Russel did not disclose that he knew Nick Tonsich was the founder and owner of Clean Air Engineering-Maritime Inc. (CAEMI).

6. Tom Russel did not disclose that he knew Nick Tonsich was awarded a non-competitive grant to fund the building of the CAEMI ship emissions control system METS-1 at TraPac Terminals in the Port of Los Angeles.

7. Tom Russel did not disclose that he knew that the city of Los Angele Ethics Commission had issued Nick Tonsich a legal opinion describing his personal ban on receiving compensation on specific city related matters, which he did not enforce. See attachment.

8. Tom Russel did not disclose that the Los Angeles Times reported that Mayoral Candidate Antonio Villaraigosa and two Los Angels City Council members called for an investigation into the business dealings of Commissioner Nicholas G. Tonsich’s law firm for receiving no-bid contracts with the city. See Attachment.

9. Tom Russel did not disclose that he knew Nick Tonsich was being considered and awarded a non-competitive grant to fund the building of the CAEMI Marine Exhaust Treatment System (METS) at the Port of San Diego, when Nick Tonsich has a dubious history. See Attachment.

10.Tom Russel did not advise the Board of Harbor Commissioners to investigate Nick Tonsich contract with the Port of Los Angeles and Pasha Stevedoring & Terminals L.P. to build a ship emissions capture system at Pasha for the Green Omni Terminal Project at the Port of Los Angeles which was a failure and still currently under criminal investigation for fraud and other violations. See Randon Lengths News Attachments.

11.Tom Russell did not disclose that Pasha Stevedoring & Terminals L.P. at the Port of Los Angeles was suing Tonsich for “a multi-year conspiracy” that involved “fraudulent documents, falsified invoices, inflated amounts paid to Tonsich”…and “threatened whistleblowers, set up fake companies and stole millions of dollars from Pasha which Tonsich funneled back to Burgin through illegal kickbacks, lavish vacations and favors at the Port.” See Randon Lengths News Attachments.

12.Tom Russell did not disclose or advise the Harbor Commissioners to perfume their own due diligence in their decision making, that in 1986-87 there was a San Diego County Grand Jury Report about the Port of San Diego and the Board of Harbor Commissioners that concluded that, “An enterprise of the scope and importance of the Port District must include a strong concern for community relations, public input and accountability … yet, in the public’s mind, it conducts itself as does a private company, responsible only to its stockholders. The fact is that it is a public corporation, guarding a public trust and spending public money.” The Grand Jury made recommendations which have not been reviewed and reported as implemented.

13.Tom Russell did not disclose or advise the Harbor Commissioners to perform their own due diligence in their decision making, that in 1997-98 there was a San Diego County Grand Jury Report about the Port of San Diego and the Board of Harbor Commissioners that concluded that the seven commissioners of the Port District “are viewed as operating with almost unlimited discretion regarding how they spend money with minimal accountability. Commissioners are not required to gain approval for their actions from the voting public or even from the city councils which appoint them.” The Grand Jury made recommendations which have not been reviewed and reported as implemented.

14.Tom Russell did not disclose or advise the Harbor Commissioners to perform their own due diligence in their decision making, that in 2022-23 there was a San Diego County Grand Jury Report about the Port of San Diego and the Board of Harbor Commissioners that concluded that they were not alone in its concern over the lack of oversight, transparency and accountability of an organization with such far reaching power and jurisdiction. The Grand Jury made recommendations which have not been reviewed and reported as implemented.

15.Tom Russel did not disclose that he submitted and holds a U.S. Patent on a barge propeller system, and CAEMI with the Port of San Diego funding is building a barge with a propeller system. Russell’s patent is for a propeller system that could be utilized on a self-propelled barge and would be a conflict of interest. Which is exactly the new prototype self-propelled barge that Tonsich is under contract to build for the POSD. It is standard protocol for employers i.e. Port of San Diego to own the rights to any invention and patent that an employee files and is awarded while employed by them. Tom Russel did not notify the Port of San Diego or the Board of Harbor Commissioners. (U.S. Patent link https://uspto.report/patent/app/20210070410)

16. Tom Russel did not disclose that he knew CAEMI may have violated another companies Patent Rights for a barge-based ship emission capture and treatment technology in the building of their METS System.

In conclusion, we ask the Port of San Diego Board of Harbor Commissioners to:

1. Immediately rescind the censure on Commissioner Sandy Naranjo.

2. Initiate an investigation of Commissioner Sandy Naranjo’s questions, information and concerns about Tom Russel.

3. Initiate an investigation to verify the information and evidence we have stated and provided with this letter and in our previous public comment letter.

4. Initiate an investigation to verify the information and concerns that other members of the public have submitted, stated and requested.

5. Initiate an investigation into Port of San Diego policies and procedures in conducting comprehensive background checks of new employees and update as necessary.

6. Initiate an investigation into Port of San Diego policies and procedures in conducting comprehensive background checks of new contractors and update as necessary. .

7. Initiate an investigation into Port of San Diego policies and procedures in granting noncompetitive awards, grants, contracts and update as necessary. .

8. Review and update the City of San Diego and Port of San Diego policies, procedures and training on Ethics, Public Transparency, Confidentiality, Contracting, Public Disclosure, Public Right to Know and Inventions/Patents while employed and update as necessary.

9. Request the Port of San Diego to notify CAEMI not to spend any additional public funds of the $4.9 million grant on the METS Project pending the completion of an investigation.

10.Advise the California Transportation Commission (CTC) and California Air Resources Board (CARB) on the Investigations and Reviews.

11.Immediately suspend and put on indefinite leave of absence Tom Russel pending the completion of the investigations.

Respectfully Submitted,
Jesse N. Marquez
Executive Director
Coalition For A Safe Environment
Cc: Board of Harbor Commissioners
San Diego Union Tribune
Los Angeles Times
Random Lengths News
San Diego Mayor Todd Gloria
National City Mayor Ron Morrison
San Diego FBI Field Office – SAC Stacey Moy
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
Coalition For A Safe Environment 1601 N. Wilmington Blvd., Ste. B, Wilmington, CA 90744 www.cfase.org [email protected] [email protected]
310-935-2311 310-982-3053
NAACP San Pedro-Wilmington-Palos Verdes Branch # 1069
San Pedro & Peninsula Homeowners United
Community Dreams
Latinos In Action
Wilmington Improvement Network
Friends of the Air, Earth and Water
California Kids IAQ
California Safe Schools
California Communities Against Toxics
November 1, 2023
Board of Harbor Commissioners
Port of San Diego Unified Port District
3165 Pacific Coast Highway
San Diego, CA 92101
[email protected]
Su: Letter of Support For Commissioner Sandy Naranjo
Attn: Board of Harbor Commissioners
Randa Coniglio (Acting President and CEO)
The Coalition For A Safe Environment and our supporting non-profit community organizations and homeowner association wish to submit our Letter of Confidence and Support for Port of San Diego Harbor Commissioner Sandy Naranjo. The Coalition For A Safe Environment (CFASE) is one of the leading environmental justice organizations in the San Pedro Bay Port Complex and in California statewide port related laws, policies, rulemaking, programs and projects.

Our organization is appalled, but sadly not surprised, the Port of San Diego (POSD) would take this action to censure the one Commissioner Sandy Naranjo that is doing the people’s work, diligently representing her Environmental Justice Communities, National City and protecting the public interest.

It appears the malfeasance that occurred here in Los Angeles has made its way down to San Diego in the form of ex Port of Los Angeles Chief Legal Counsel Tom Russell and his friend ex Port of Los Angeles Harbor Commission President Nick Tonsich (CAEMI).

Questioning and researching Port of San Diego and Board of Harbor Commissioners management decision making, staff actions, policies, proposals, projects, programs, reports, and presentations are within the rights of board members to provide and support full public transparency, public disclosure and public right to know.

Commissioner Naranjo was nominated and appointed by the city of National City to the Port of San Diego Board of Port Commissioners to represent their residents and Environmental Justice Communities best interests. Her professional career, academic and community involvement background illustrate her unique qualifications to properly represent her city and port neighboring Environmental Justice Communities. The Port of San Diego and the Board of Harbor Commissioners violated her rights to due process and National Cities rights to be advised and consulted on actions being taken against their appointed Port of San Diego Harbor Commissioner.

We have followed Port of Los Angeles past management personal, legal counsel, staff and Board of Harbor Commissioners new employment and commission appointments in other cities, counties, state and federal positions and including their establishment of businesses.

We are extremely knowledgeable of the work and performance history of both Tom Russel and Nick Tonsich. We have for years provided verbal comments and submitted written public comments at numerous Port of Los Angeles Board of Harbor Commission meetings regarding our concerns, suspicions and evidence about the unethical activities of Legal Counsel Tom Russel and Board of Harbor Commissioners President Nick Tonsich. This probably contributed to him accepting a position at the Port of San Diego, where no one knows him. See CFASE Public Comment Attachments.

Tom Russell did not disclose he even knew Tonsich or CAEMI until Commissioner Naranjo brought it to the Board’s attention and voiced her concerns in closed session. She never publicly questioned Russell’s obvious motives and conflicts of interest. But this Board decided it had to twist the facts that were unvalidated and make a public issue of her vigilant oversight; something every one of the Commissioners on the Board should be doing. The commissioner’s duty is to protect the public interest, not to protect the interest of Tom Russell and his friends.

I have read the HR Law Consultants,” Summary Report of Investigation of Commissioner Sandy Naranjo’s Conduct,” and there are many revelations of the other Board of Harbor Commissioners failure to conduct their own personal “due diligence” to validate questions, information and concerns of Commissioner Naranjo. This was a manufactured investigation because the “good old boys’ network” in the Port of San Diego was threatened. What a sad day for the public trust.

We are also concerned that the Port of San Diego Board of Harbor Commissioners are not aware or have ignored the Port of San Diegos past three Grand Jury Reports of the lack of oversight at the Port of San Diego and the Board of Harbor Commission. We suspect that the current actions against Commissioner Naranjo is Tom Russell manipulating and diverting attention from the Grand Jury findings.

The Port of San Diego has a systemic problem that this Board is now perpetuating and enabling with the censure of Commissioner Naranjo. This appears to have been a coordinated effort from a group of powerful port elites and insiders to silence the one commissioner that threatens their power and personal gain opportunities. Commissioner Naranjo showed the courage to fight for change, to fight for accountability and to fight for transparency.

The fact that the Port of San Diego hired HR Law Consultants to only investigate Commissioner Sandy Naranjo from a personnel violation’s perspective and not her questions, information and concerns about Legal Counsel Tom Russel discloses how the Port of San Diego management and legal department continues to manipulate investigations, scopes of work, not disclose information, engage in back room deals and avoid public transparency.

The Port of San Diego and HR Law Consultants failed to investigate and include in their report the following:

1. Legal Counsel Tom Russel did not disclose that he knew Nicholas G. Tonsich aka Nick Tonsich at the Port of Los Angeles as the Port of Los Angeles Board of Harbor Commission President.

2. Legal Counsel Tom Russel did not disclose that Nick Tonsich as the Port of Los Angeles Board of Harbor Commission President voted and hired Tom Russel as legal counsel for the Port of Los Angeles.

3. Tom Russel did not disclose that he knew Nick Tonsich at the Port of Los Angeles as a Board of Harbor Commissioner.

4. Tom Russel did not disclose that he worked for TraPac Container Terminal at the Port of Los Angeles as legal counsel before being hired at the Port of Los Angeles as legal counsel where he met Nick Tonsich. Tonsich’s first and only contract to build a bargebased emission capture system was with TraPac at the Pot of Los Angeles.

5. Tom Russel did not disclose that he knew Nick Tonsich was the founder and owner of Clean Air Engineering-Maritime Inc. (CAEMI).

6. Tom Russel did not disclose that he knew Nick Tonsich was awarded a non-competitive grant to fund the building of the CAEMI ship emissions control system METS-1 at TraPac Terminals in the Port of Los Angeles.

7. Tom Russel did not disclose that he knew that the city of Los Angele Ethics Commission had issued Nick Tonsich a legal opinion describing his personal ban on receiving compensation on specific city related matters, which he did not enforce. See attachment.

8. Tom Russel did not disclose that the Los Angeles Times reported that Mayoral Candidate Antonio Villaraigosa and two Los Angels City Council members called for an investigation into the business dealings of Commissioner Nicholas G. Tonsich’s law firm for receiving no-bid contracts with the city. See Attachment.

9. Tom Russel did not disclose that he knew Nick Tonsich was being considered and awarded a non-competitive grant to fund the building of the CAEMI Marine Exhaust Treatment System (METS) at the Port of San Diego, when Nick Tonsich has a dubious history. See Attachment.

10.Tom Russel did not advise the Board of Harbor Commissioners to investigate Nick Tonsich contract with the Port of Los Angeles and Pasha Stevedoring & Terminals L.P. to build a ship emissions capture system at Pasha for the Green Omni Terminal Project at the Port of Los Angeles which was a failure and still currently under criminal investigation for fraud and other violations. See Randon Lengths News Attachments.

11.Tom Russell did not disclose that Pasha Stevedoring & Terminals L.P. at the Port of Los Angeles was suing Tonsich for “a multi-year conspiracy” that involved “fraudulent documents, falsified invoices, inflated amounts paid to Tonsich”…and “threatened whistleblowers, set up fake companies and stole millions of dollars from Pasha which Tonsich funneled back to Burgin through illegal kickbacks, lavish vacations and favors at the Port.” See Randon Lengths News Attachments.

12.Tom Russell did not disclose or advise the Harbor Commissioners to perfume their own due diligence in their decision making, that in 1986-87 there was a San Diego County Grand Jury Report about the Port of San Diego and the Board of Harbor Commissioners that concluded that, “An enterprise of the scope and importance of the Port District must include a strong concern for community relations, public input and accountability … yet, in the public’s mind, it conducts itself as does a private company, responsible only to its stockholders. The fact is that it is a public corporation, guarding a public trust and spending public money.” The Grand Jury made recommendations which have not been reviewed and reported as implemented.

13.Tom Russell did not disclose or advise the Harbor Commissioners to perfume their own due diligence in their decision making, that in 1997-98 there was a San Diego County Grand Jury Report about the Port of San Diego and the Board of Harbor Commissioners that concluded that the seven commissioners of the Port District “are viewed as operating with almost unlimited discretion regarding how they spend money with minimal accountability. Commissioners are not required to gain approval for their actions from the voting public or even from the city councils which appoint them.” The Grand Jury made recommendations which have not been reviewed and reported as implemented.

14.Tom Russell did not disclose or advise the Harbor Commissioners to perfume their own due diligence in their decision making, that in 2022-23 there was a San Diego County Grand Jury Report about the Port of San Diego and the Board of Harbor Commissioners that concluded that they were not alone in its concern over the lack of oversight, transparency and accountability of an organization with such far reaching power and jurisdiction. The Grand Jury made recommendations which have not been reviewed and reported as implemented.

15.Tom Russel did not disclose that he submitted and holds a U.S. Patent on a barge propeller system, and CAEMI with the Port of San Diego funding is building a barge with a propeller system. Russell’s patent is for a propeller system that could be utilized on a self-propelled barge and would be a conflict of interest. Which is exactly the new prototype self-propelled barge that Tonsich is under contract to build for the POSD. It is standard protocol for employers i.e. Port of San Diego to own the rights to any invention and patent that an employee files and is awarded while employed by them. Tom Russel did not notify the Port of San Diego or the Board of Harbor Commissioners. (U.S. Patent link https://uspto.report/patent/app/20210070410)

16. Tom Russel did not disclose that he knew CAEMI may have violated another companies Patent Rights for a barge-based ship emission capture and treatment technology in the building of their METS System.

In conclusion, we ask the Port of San Diego Board of Harbor Commissioners to:

1. Immediately rescind the censure on Commissioner Sandy Naranjo.

2. Initiate an investigation of Commissioner Sandy Naranjo’s questions, information and concerns about Tom Russel.

3. Initiate an investigation to verify the information and evidence we have stated and provided with this letter and in our previous public comment letter.

4. Initiate an investigation to verify the information and concerns that other members of the public have submitted, stated and requested.

5. Initiate an investigation into Port of San Diego policies and procedures in conducting comprehensive background checks of new employees and update as necessary.

6. Initiate an investigation into Port of San Diego policies and procedures in conducting comprehensive background checks of new contractors and update as necessary. .

7. Initiate an investigation into Port of San Diego policies and procedures in granting noncompetitive awards, grants, contracts and update as necessary. .

8. Review and update the City of San Diego and Port of San Diego policies, procedures and training on Ethics, Public Transparency, Confidentiality, Contracting, Public Disclosure, Public Right to Know and Inventions/Patents while employed and update as necessary.

9. Request the Port of San Diego to notify CAEMI not to spend any additional public funds of the $4.9 million grant on the METS Project pending the completion of an investigation.

10.Advise the California Transportation Commission (CTC) and California Air Resources Board (CARB) on the Investigations and Reviews.

11.Immediately suspend and put on indefinite leave of absence Tom Russel pending the completion of the investigations.

Respectfully Submitted,
Jesse N. Marquez
Executive Director
Coalition For A Safe Environment
Cc: Board of Harbor Commissioners
San Diego Union Tribune
Los Angeles Times
Random Lengths News
San Diego Mayor Todd Gloria
National City Mayor Ron Morrison
San Diego FBI Field Office – SAC Stacey Moy
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
Coalition For A Safe Environment 1601 N. Wilmington Blvd., Ste. B, Wilmington, CA 90744 www.cfase.org [email protected] [email protected]
310-935-2311 310-982-3053
October 10, 2023 V2
Board of Harbor Commissioners
Port of San Diego Unified Port District
3165 Pacific Coast Highway
San Diego, CA 92101
[email protected]
Re: Agenda # 2023-0264
Su: Letter of Confidence For Commissioner Sandy Naranjo Dear Board of Port Commissioners:

The Coalition For A Safe Environment wishes to submit our Letter of Confidence and Support for Commissioner Sandy Naranjo and ask that you not approve the proposed censure resolution Agenda # 2023-0264.

Commissioner Naranjo was nominated and appointed by the city of National City to the Port of San Diego Board of Port Commissioners to represent their residents and Environmental Justice Communities best interests. Her professional career, academic and community involvement background illustrate her unique qualifications to properly represent her city and port neighboring Environmental Justice Communities.

Questioning and researching port and board management decision making, staff actions, policies, proposals, projects, programs, reports, and presentations are within the rights of board members to provide full public transparency.

The Port of San Diego Unified Port District has historically approved port projects and programs that have been opposed by Environmental Justice Communities because the prepared Environmental Impact Reports failed to identify all negative impact sources, failed to assess all environmental impacts, failed to include feasible alternatives and failed to mitigate all environmental impacts. These have been acts of discrimination and environmental racism that continue today and must be stopped.

The information provided in the Draft Resolution discloses serious legal violations of public agency transparency, public disclosure, public right to know, allegation details and due process.

The Draft Resolution does provide or disclose:

1. Copies of any evidence and information collected to support the censure allegations.

2. Commissioner Naranjo rebuttal and information to the allegations.

3. Was National City notified and involved in the investigation of allegations.

We request that the Board of Port Commissioners not vote and not approve the proposed Censure Resolution in Agenda # 2023-0264 because there has not been a comprehensive investigation of the allegations.

I would also like to advise that I will submit a formal Public Records Act Request for all documents, information, phone calls and text messages on this matter from all Port management, staff and any third party involved.

Respectfully Submitted,
Jesse N Marquez
Executive Director
STATUTES OF CALIFORNIA 362 [Ch. 67
CHAPTER 67
An act to vro1·idc for /hr, establishment of the San Diego Unifiecl Port District; to provide _for the calli11g of miinicipal. electwns thacfor,: describing the powers, cluties, ancl fnnctions thereof, authorizing the district to borrow nio1iey and 1·ssue bonds for district purposes: fo prm·ide means of raising revenues for the operation, maintena.nce and bond redemption of the district; and to prol'ide for the transfer to such d1·strict of tidelands and lands lying under i11land navigable waters.
[Approved by Governor Mav 8, 1962. Filed with
Secretary of State .\lay 9, 1962.]
The people of the State of California do enact as follou•s:

SECTION 1. This act shaU be known and may be cited as
the San Diego Unified Port Distrid Act.

SEC. 2. It is hereby declared to be the policy of the State of California to develop the harbors and ports of this State for multiple purpose use for the benefit of the people. A necessity exists within San Diego County for such development. Because of the several ~eparate cities and umncorporated populated areas in the area hereinafter described, only a specially created district can operate effectively in developing the harbors and port faeilities. Because of the unique problems presented by this area, and the fact1> and cinmmstances relative to the development of harbor and port facilities, the adoption of a special act and the creation of a special district is required.

SEc. 3. For the purposes of this act the following words shall have the following meanings:
(a) "District'' or "port district" shall mean the San Diego Unified Port District.
(b) ''Board'' or '' board of commissioners'' shall mean the Board of Commissioners of the San Diego Unified Port District. (c) "County" shall mean the County of San Diego.

SEc. 4. A port district £or the acquisition, eon,;;truction, maintenance, operation, development and regulation of harbor works and improvements, indllding rail, water and air terminal facilities, for the development, operation, maintenance, control, regulation and managemPut of the Harbor of San Diego upon the tidelands and lands lying under the inland navigable waters of San Diego Bay, and £or the promotion of commerce, navigation, fhheries, arn] recreation thereon, may be established or organized and gove1·ned aq provided in this act and it may exercise the -power-, expressly granted herein.

Anything herein to the contrary notwithstanding, the powers and auth0rity herein are to be med only as necessary or ineident to the development and operation of a port and shall not apply to public utilities operated under the jurisdiction of the Public Utilities Commi,;;sion of the State of California.

Ch. 1962 FIRST EXTRAORDINARY SESSION (;'i] 363
SEC. 5. The area to be embraced in the district shall include all of the corporate area of each of the cities of San Diego, Chula Vista, Coronado, National City, and Imperial Beach "·bich establish the <listrict as provi<led in thic;; act, and any unincorporated territory in the County of San Diego contiguous thereto, which is economically linked to the development and operation of the Bay of San Diego, included in the district by the board of supervisors of the county as provided in this act.

The jurisdiction of the district to exercise its powers shall extend only over the following areas:
(a) The ticle1ands and submerged lands granted to the district pursuant to the provisions of this act. (b) Any airport or airports now or hereafter owned and
operated by any of the above-named cities which e'stablish the district, or San Diego County, and which are conveyed to the di1--trict by such city or cities or San Diego County.
(c) Any other lands conveyed to the district by any city or by the County of San Dic>go
SEC. 6. The Board of Supervisors of San Diego County
shall call an election in the an·a to be inclnded within the district not later than the 196.J. State Primary Election on the question of the formation of the district if either of the two conditions specified below is met:
(a) A petition calling for the formation of the district is filed with the board of supervisors from each of the five cities specified in Section 5. Eaeh of the petitions from the five reo;pective cities shall be signed by at least five percent (5%) of the "\'Oters registered for the last municipal election in each particular city.
(b) A resolution of come11t calling for the formation of the district is filed with the board of supervi<;ors from each of the city council<; of the five cities specified in Section 5; provided, that the requirements of this r:,ection shall he deemed to have been met if a comhinatinn of petition:;; and resolutions of consent have been filed with the board of supervisors, so long as eaeh of the fiye cities specified in Aection 5, either throngh a petition or by a vote of the city council, has authorized the calling of an elecHon for the formation of tbe di<;trict SEc. 7. The petition or the resolution of consent shall contain:
(a) A declaration calling £or the creation of the San Diego Unified Port District, for the purpose of improving and developing the harbor. (b) A declaration that the tide and submerged lands owned by the particular city should be granted to the district.

SEc. 8. Eaeh signer of a petitfon within a particular city shall be a registered voter and resident of that city.

SEc. 9. The publieation of the petition and the hearing ::in the petition shall be governed by the provisions of Section 6014 of the Harbors and NavigatioH Code.

STATUTES OF CALIFORNIA 364 [Ch 67
SEc. 10. The election shall be called, noticed, held, and conducted, election officers appointed, voting precincts designated, baIJots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, oaths of office administered, and all other proceedings incidental to and connected with the election shall be regulated and done, as nearly as may be practicable, in accordance with the provisions of law regulating municipal elections in general law cities.

For the purposes of the eleetion, the terms "board of trustees'' and '' city clerk,'' respectively, as U5ed in the Elections Code provisions respecting the conduct of elections in general law cities, shall mean the county board of snperYisors and the county clerk, respectiwly, for the purpose of the election held under this act.

Au election called pursuant to the provisions of this act may be consolidated with any other election pursuant to the provisions of Chapter 4 ( commencing with Section 23300) of Part 2 of Division 12 of the Elections Code.

SEc. 11. The count of the Yote in the election shall be conducted in two parts. One part shall consist of those votes cast in the City of San Diego, and the other part shall consist of all of those votes cast in the other four cities specified in Section 5 and outside territory.

SEC. 12. ]f the electors iu the City of San Diego and the electors in the other four cities specified in Section 5 and outside territory, approYe of the formation of the district at an election held pursuant to the provisions of this act, the district shall be established.

SEC. 13. If from the canvass it appears and the board of supervisors finds that a majority of the votes cac;t in the City of San Diego and a majority of the votes cast in the other four cities and outside territory, the votes of such other four cities and outside territory being combined together, were cast in favor of the formation of the district, it r,hall enter that fact upon its minutes, together with a description of the boundaries of the district, its name, the official name or names by which the dis;trict is commonly known and enter its order declaring the district duly formed and existing in the county.

SEC. 14. Upon the establishment of the district, every city specified in Section 5 shall convey to the district all its right, title and interest in and to the tiddands and submerged lands, together with any facilities thereon, which are owned by the city, including any such lands ,vhich have been granted in tru<;t to the city by the State in the Bay of San Diego. The City of San Diego shall comey to the district all its right, title and interest in and to such puehlo lands as lie within the tidelands and submerged lands in the Bay of San Diego, together with any facilitie5 thereon, which are owned by the City of San Diego. Thereafter the title to sue.h lands shall reside in the district, and the district shall hold such lands in trust for the uses and purposes and upon the conditions which are declared in 1962 FIRST EXTRAORDINARY SESSION Ch. G7] 365
this act. Notwithstanding any other provision of this act, the City of San Diego shall not be required to convey to the district those lands described in Chapter 778 of the Statutes of 1929, and the City of Coronado shall not be required to convey to the district those lands described in Chapter 1839 of the Statutes of 1953.

SEC. 15. The Board of Supervisors of the County of San
Diego may, by ordinance, include within the district unincorporated territory which the board has determined would be benefited by the district.

SEc. 16. The district shall be governed by a board of commissioners who shall be known as '' port commissioners.'' Each city council, respectively, of the cities which are included in the district pursuant to the provisions of this act shall appoint the commisFioner or commissioners to which it is entitled, pursuant to this section, to represent that particular city on the board. Three of the commissioners shall be residents of the City of San Diego, one shall be a resident of the City of National City, one shall be a resident of the City of Chula Vista, one shall be a resident of the City of Coronado, and one shall be a resident of the City of Imperial Beach. The commissioners shall be residents of the respective cities they represent at the time of their appointments, and during the term of their office. All of the powers and duties conferred upon the district shall be exercised through the board of commissioners.

SEC. 17. The term of each commissioner shall be for four years, except as provided in thfa section. Any vacancy shall be filled by appointment by the city council of the city from which the vacancy has occurred. Each commissioner shall continue, however, to hold office until his successor has been appointed and qualified. Each commissioner, before entering upon the duties of his office, shall take and subscribe the oath as provided in Section 1360 of the Government Code of the State of California, and a certificate of the same shall be filed with the city clerk of the city from which the commissioner shall have been appointed, and a copy of which shall be filed with the district. A commissioner may be removed from the board by a four-fifths vote of the city council which appointed such commissioner.

The first board of commissioners appointed after the formation of the district shall so classify themselves by lot that three commissioners shall serve for four years, and the remainder of the commissioners for two years. Thereafter the term of office of each commi<isioner shall be four years.

SEC. 18. Immediately after their appointment, the commissioners shall enter upon the performance of their duties. The board shall annually elect one of its members as chairman and another as vice chairman, and shall also elect annually a secretary, who may or may not be a member of the board. .A. majority shall constitute a quorum for the transaction of business.

STATUTES OF CALIFORNIA 366 [Cb. 67
The board shall make ruler,, and rPgulations for itr,, o,\'n government and procedure, and shall hold at least one regular meeting each month, and may hold such r,,pecial meetings as it may deem necessary.

The commissioners shall receive no salaries but shall be entitled to reimbursement for necessary traveling and other expem,es incurred while engaged in the performance of their duties.

SEC. 19. The board shall draft a master plan for harbor and port improvement and for the use of all of the tidelands and submerged lands which shall be conveyed to the district pursuant to the provisions of this act. A. two-thirds vote of the board shall be required to adopt the plan. The board may from time to time modify the master plan by a two-thirds vote of the board.

The provisions in the masteT plan shall not override or supersede any local exi-.ting zoning ordinance which was in effect on April 30, 1962; provided, that if any local zoning ordinance is repealed, or expires, or becomes nonoperative for any reason, thereafter the provi1:iions of the master plan adopted by the board shall control as to all lands and waters under the jurisdiction of the distriet.

SEc. 20. The board shall establish a fiic,cal year for its operations and shall at the end of each fiscal year or as soon as possible after the end of each fisral year, make a complete report of the affairs and financial condition of the district for the preceding fiscal year, which shall show the sources of all receipts and the purposes of all disbursements during the year. The report shall be verified by the chairman of the board and the secretary thereof. The board shall draw up a budget for each fiscal year.

SEO. 21. The board may pass all necessary ordinances and resolutions for the regulation of the district.

SEC. 22. The board may employ engineers, attorneys and
any other officers anil ernplo~·ees 1wce-,-;ary in the work of the district. The port director shall appoint a treasnrer who-;e duty h shall be to receive and safe!~· keep all moneys of the distric·t.

He shall comply with all provisions of law governing the deposit and securing of public fundr,,. He shall pay out moneys only on warrants duly authorized by the board and not otherwise; provided, however. that no warrants need be issued £or the payment of principal and interest on bond-. of the district.

He shall at regular intervals, at lea-;t once each month, submit to the secretary of the district a written report and accounting of all receipts and di-;bursemenis and fund balances, a copy of which report he shall file with the board.

The treasurer may appoint a deputy or deputies for whose acts he and his bondsmen 1,hall be responsible Such deputy or deputies shall bold office subject to the pleasure of the treasurer and shall receive such POmpensation ag may be provided by the board. The treasurer shall execute a bond covering tbe faithful performance by him of the duties of his office and his 1962 FIRST EXTRAORDINARY SESSION Ch. 67] 367
duties with respect to all moneys coming into his hands as treasurer in such amount as shall be fixed by resolution of said board. The surety bond herein required shall be executed only by a surety company authorized to do business in the State of California and the premium therefor shall be paid by the district out of its general fund. The bond shall be approved by the board and -filed with the secretary of the district. The treasurer before entering upon the duties of his office shall take and file with the secretarv of the district the oath of office required by the Constitution·of this State.

SEc. 23. It may sue and be sued in the name of the district in all courts and tribunals of competent jurisdiction.

SEC. 24. It may adopt a seal.

SEc. 25. It may take by grant. purchase, gift, devise, lease or otherwise acquire, hold and enjoy and lease and dispose of real and personal property of every kind, ,vitbin the district, necessary to the full or convenient exercise of its power.

SEC. 26. Any proposed m,e by the district of any particular land within its jurisdiction which would constitute a public nuisance may be prohibited by ordinance adopted by the city within which such land is located.

SEC 27. It may exerci~e the right of eminent domain within the boundaries of the district in the manner provided by law for the condemnation of private property for public use and take any property necessary or convenient to the exercise of its powers. In the proceedings relative to the exercise of such right the district has the same rights, powers and privileges as a municipal corporation.

SEC. 28. It may borrow money and incur indebtedness and issue bonds or other evidence of indebtedness. All bond elections called by the board shall be conducted and held pursuant to Article 1 (commencing with Section 43600) of Chapter 4 of Division 4, Title 4 of the Government Code.

When in that article, the word "city" is used it includes the district and whenever the words ''legislative body'' are used they mean the board.

The purposes for which bonded indebtedness may be incurred by the district are described in Section 26.

All bonds issued shall be signed by the board and the district shall not incur a bonded indebtedness which in the aggregate exceeds 15 percent of the assessed value of all the real and personal property in the district.

SEc. 29. Whenever the improvement and development
work for which any issue of bonds has been voted bas been constructed and the proceeds of the bonds sold have not been entirely expended, the board may by resolution order that the unexpended proceeds be placed in the fund provided for the purpose of paying principal and interest of the bonds or the board may by resolution direct that all or a part of the unexpended proceeds be used for the purpose of purchasing outstanding bonds of the district. The bonds may be purchased only after the publication at least twice in a newspaper of STATUTES OF CALIFORNIA 368 [Ch 67
general circulati(ln in the district oE a notice inviting sealed proposals for the sale of bonds to the district. The notice shall state the time and place when the proposals will be opened and the amount of money available for the purchase of the bonds.

The board may reject a::iy or all proposals and if it rejects all thereof, may within a period of 30 days thereafter purchase for eash any outstanding bonds of the district but in that event the purchase price 5hall not be more than the lowest purchase price at which bonds were tendered to the district in the public bidding.

Any bonds purchased under the authority of this section shall be canceled immediately.

SEc. 30. The board may regulate and control the anchoring, mooring, towing, and docking of all vessels.

SEC. 31. It may perform the functions of warehousemen,
stevedores, lighterers, reconditioners, shippers and reshippers of properties of all kinds.

SEC. 32. It may manage the business of the district and promote the maritime and commercial interests by proper advertisement of its advantages and by the solicitation of business within or without the district, within other states or in foreign countries, tlirough such employees or agencies as are expedient.

SEC. 33. It may acquire, purchase, take over, construct, maintain, operate, develop, aud regulate grain elevators, bunkering facilities, belt or other railroads, floating plants, hghterage, towage facilities, and any and all other facilities, aids, equipment, or property necessary for or incident to the denlopment and operation of a baruor or for the accommodation and promot10n of commerce, navigation, fisheries, or recreation in the dis.trict.

SEC. 34 It may by re;,olution order that all or any of the funds under its control and not necessary for current operating expenses be invested in obligations, bonds or securities of the United States of America or of any agency or instrumentality thereof.

SEC. 35. The board may do all other acts necessary and
convenient for the exerciHe of its powers.

SEc. 36. The board shall bv ordinance fix the rate of
wharfage charges and other char.ges which are appropriate for the use of any of the farilities owned and constructed or services furnished or provided by the district.

SEC. 37. The district may itself, without letting contracts there.for, do work and make> improvements. The work shall be done under the direction of its officers or employees.

In the construction, recomtruction or repair of public buildings, streets, utilities and other public works, and in furnishing supplies, materials, equipment or contractual services for ihe same, when the expenditure therefor shall exceed the sum of two thon"iand five hundred dollars ($2,500), the same shall be done by written contract, except as otherwise provided 1062 FIRST EXTRAORDINARY SESSION Ch. 67 J 369
in this act, and the board, on the recommendation of the port director, shall let the same to the lowest responsible and reliable bidder, not less than 10 days after advertising for one day in the official newspaper of the district for sealed proposals for the work contemplated. If the cost of the public contract work exceeds the sum of one thousand dollars
($1,000), but is not in excess of two thousand five hundred dollars ($2,500), the board may let the contract without advertising for bids, but not until the port director shall have secured competitive prices from contractors interested, which shall be taken under consideration by the board before the contract is let. The board may, however, upon the recommendation of the port director and by a vote of five of its members, order the performance of any such construction and reconstruction or repair work by appropriate district forces when the estimates submitted as part of the port director's recommendation indicate that the work can be done by the district forces more economically than if let by contract.

In case of a great public calamity, such as extraordinary fire, flood, storm, epidemic or other disaster the board may, by resolution passed by a vote of five of its members, determine and declare that the public interest or necessity demands the immediate expenditure of district money to safeguard life, health or property, and thereupon they may proceed, without advertising for bids or receiving the same, to expend, or enter into a contract involving the expenditure of, any sum required in such emergency, on hand in the district fund and available for such purpose. All contracts before execution shall be approved as to form and legality by the attorney for the district.

SEc. 37.5. The board may, without advertising for bids, negotiate with the government of the l;nited States for the purpose of assisting the board in the performance of any of the work authorized by this act, and the board may contribute to the United States all or any portion of the estimated cost of any work authorized by this act which is to be done by or under contract with the United States.

SEc. 38. By resolution, the board may provide for the
creation and accumulation of a fund for capital outlays.

SEC. 39. At any time after the creation of the fund, the board may transfer to the Capital Outlay Fund any unencumbered surplus funds raised for any purpose whatever, remaining on hand at the end of an~, fiscal year or years.

SEc. 40. The Capital Outlay Fund sha11 remain inviolate for the making of any capital outlays and the money shall not be disbursed :from Hie :fund except for such a purpose unles1, the district board submits a proposition to the eleetors of the district to obtain their consent to use the money in the fund for some other specific purpose. The proposition may be submitted at any election. A two-thirds vote of all the voters voting at the election is necessary to authorize the expenditure of the money for such other purpose.

STATUTES OF CALIFORNIA 370 [Ch. 67
SEC. 41. Notwithstanding any other provision of this act, the board may borrow money by issuance of promissory notes, or execute con<litional sales contracts to purchase personal property, in an amount or of a value not exceeding in the aggregate at any one timr the 1,uru of two hundred thousand dollars ($200,000), for the purposes of constructing or operating any work, project, or facility authorized by Section 26 or for the making of improvements or the purchase of equipment or for the maintenance thereof.

All moneys borrowed pursuant to this section shall not be borrowed for a term exceeding five years, and said indebtednesses shall not incur a rate of interest in excess of six percent (6%) per annum. Each such indebtedness shall be authorized by a resolution of the board of eommissioners unanimously adopted.

As a condition precedent to the borrowing of any money or the execution of any conditional sales contract, as provided in this section, in excess of twenty-five thousand dollars ($25,000), the board shall first unanimously approve by resolution and have on file a report approved by the port director on the engineering and economic feasibility relating to the project contemplated for the •~xpcnditure of said borrowed money or conditional sale'l eontraet. Said feasibility report shall be prepared and signed by an engineer :_)r engineers licensed and registered under the law'l of the State of California.

The district shall budget, levy and collect taxes, and pay for all such indebtedness without limitation by any other provision of this act.

SEc. 42. As to any service ·which the district is authorized to perform pursuant to the proYisiom of this act, the district may contract for the performance uf such service by the city within which the particular tidelands are located.

SEc. 43. A11 bonds issued pursuant to this act, except for those authorized by Sections 31 and 52 of this act, are obligations of the dic,;trict and so long as the bonds are outstanding and unpaid the board of supervisors of the county shall at the time of fixing the general tax levy a~1cl in the manner provided for sueh general tax levy until tlw bonds are paid or until there is a sum in the treasury of the district set apart for that purpose, sufficient to meet all sums coming due for principal and interest, levy and collect annually a tax sufficient to pay the annual interest on such bond<; as it comes due and such part of the principal thereof as will become due before the proceeds of another tax leYy made at the time of the next general tax levy for county purpose<; can be made available for the payment of said principal.

In the event the distriet has moneys on band in any year sufficient to meet all or part of the sum coming due for principal and interest on the bonds prior to the time that the proceeds of a tax levy made at the time of the next general tax levy for county purposes can be made available for the payment of the principal and interest and the moneys have been 1962 FIRST EXTRAORDINARY SESSION Ch. 67] 371
placed in a fund for the purpose of payment of the principal and interest the amount of moneys to be raii,ed by the annual tax for that year may be reduced to a '>Um sufficient to provide the balance of moneys necessary for the purpose of payment of the principal and interest.

All taxes collected for the payment of principal and interest, shall when collected by the county tax collector, be paid to the treasurer of the district.

SEC. 44. The board shall, at least 30 days before the meeting of the board of supervisors at which the general tax levy is fixed, notify the board of supervisors in writing of the amount of money necessary to be raised by taxation to meet the payment of principal and interest on outstanding bonds which will become payable before the proceeds of another tax levy made at the time of the next general tax levy for county purposes can be made available for payment of the principal and interest. In fixing the amount of money to be raised by taxation the board of commissioners may take into account all moneys on hand and set aside in a fund £or the purpose of paying the principal and interest and the amount of moneys to be raised by taxation shall be the amount required in addition to any moneys on hand and so set aside for the purpose of payment of the principal and interest.

SEC. 45. The taxes shall be levied upon all of the taxable property within the district taxable for county purposes and are in addition to all other taxes levied for all other county purposes and shall be collected at the same time and in the same manner as other couU:ty taxes are collected and shall be used for no purpose other than for the payment of the bonds and accrued interest.

SEC. 46. On or before the 15th of June of each year, the district board shall estimate and determine the amount of money required by the harbor district and shall adopt a preliminary budget which shall be divided into the following main classes:
(1) Ordinary annual expenses.
(2) Capital outlay and Capital Outlay Fund.
(3) Prior indebtedness.

SEc. 47. On or before the 15th day of June of each year, the board shall publish a notice pursuant to Section 6061 of the Government Code throughout the district stating:
(1) That the preliminary budget has been adopted and is available at a time and at a place within the district specified in the notice for inspection by interested taxpayers.
(2) That on a specified elate not less than one month after the publication of the notice and at a specified time and place, the district board will meet for the purposes of fixing the final budget, and that any taxpayer may appear and be beard regarding the increase, decrease or omission of any item in the budget or for the inclusion of additional items.

SEC. 48. At the time and place designated in the published notice £or the meeting, any taxpayer may appear and be heard STATUTES OF CALIFORXIA 372 [Ch 67
regarding the increase, decrease or omission of any item in the budget or for the inclusion of additional items. The hearing on the budget may be continued from time to time.

SEC. 49. The dfatrict board shall report the final budget to the board of supervisors after the budget hearing but not later than the first day of August ea::'.h year after making any changes in the preliminary budget it deems advisable during or after the hearing, including deductions, increases or additions.

SEC. 49 .5. The Board of Supervisors shall at the time of levying the county taxes levy a tax upon all the taxable property within the district sufficient to meet the amounts set forth in the final budget submitted by the district board. The money when collected by the tax collector of the county shall be paid to the treasurer of said district; provided further, that any levy for eapital outlay or for Capital Outlay Fund shall not exceed three cents ($0.03) per hundred dollars ($100)
assessed valuation of all real and personal property in the district.

SEc. 50. Bondc; isc;ued by the district pursuant to this act are legal investments for all trust funds, and for the funds of all insurers, banks, both commercial and savings, and trust companies. and for the state school funds, and whenever any money or funds may, by law now or hereafter enacted, be invested in bonds of cities, cities and counties, counties, school district-; or municipalities in this State, such money or funds ruay be invested in bonds of the dii,trict organized pursuant to this act.

SEc. 51. The district may create a revenue bond indebtedness for the acquisition and construction, or acquisition or construction of any improvements or property or facilities contained within its powers. The issuance of the bonds shall be authorized l,y ordinance adopted by two-thirds of all tbe members of the board, to take effect upon its publication. The secretary shall publish the ordinance once in a newspaper of general circulation printed in the district, and if there is none, then in such newspaper published in the county in which the district is located. The ordinance shall specify the total amount. denomination, method of maturity, and the rate or maximum rate of interest of the bonds, and in general terms, the acquisitions and improvements to be constructed thereby; and, in addition, shall contain such other and further provisions as, in the judgment of the board are deemed advisable.

SEC. 53. The proceeds of the revenue bonds shall be placed in an account in the treasury of the district to be entitled San Diego Unified Port District Revenue Construction Fund
No. --------, and used exclusively for the objects and purpo<;es mentioned in the ordinance. The lien of the bonds of the same issue shall be prior and superior to all revenue bonds subsequently i.,;sued. Proceedings for the issuance of the bonds shall be had, the board shall have such powers and duties, and the bondholders shall have such rights and remedies, all in Ch. 1962 FIRST EXTRAORDINARY SESSION 67] 373
substantial accordance with and with like legal effect as provided in Sections 54344 to 54346, inclusive, 54347, 54348, 54350, 54351, 5-1352, and in Articles 4 to 11, inclusive, of Chapter 6, Part 1, Division 2, Title 5 of the GoYernment Code.

As used therein the word ''resolution'' shall mean ordinance, the words "local agency" shall mean district, and the words '' legislative body'' shall mean board.

SEC, 53. In the manner provided in this act, there may
be annexed to the district any of the following territory which is in the same county as the district:
a. Any territory contiguous to the district.
b. Any territory, any point of which touches the district. c. Any territory separated from the district by a '' separating barrier," which term includes a street, road, highway, raihvay line, railway crossing, railway right-of-way, watercourse, lagoon, or other natural barrier. d. Any territory specified in this section may consist of one or more separate parcels of land, but it is not necessary that all parcels shall constitute in the aggregate one tract of land.

SEc. 54. Any territory specified in Section 53 may be annexed in the manner provided for sanitary di'>tricts in tbc Health and Safety Code. The alteration of boundaries shall be ordered by the ·board of supervisors of the county in which the property is located.

SEc. 55. The board shall :
(a) Make and enforce all necessary rules and regulations governing the use and control of all navigable waters and all tidelands and submerged lands, filled or unfilled, and other lands within the territorial limits of the district.
(b) Regulate and control the anchoring, mooring, towing and docking of all vessels
(c) Establish and maintain a system of harbor police and may establish harbor fire protection ·within the territorial limits of the district for the enforcement of the ordinances, rules and regulations of the dir,trict, and employ the necessary officers, who shall as to such matters have all the power of peace officers and firemen within the district; or in the alternative, the district may contract with the municipalities whose territorial limits are adjacent to or contiguous to those of the district to provide such services.

SEC. 56. The board shall make and enforce such lo<"al police and sanitary regulations relative to the construction, maintenance, operation and use of all public services and public utilities in the district, operated in connection with or for the promotion or accommodation of commerce, navigation, fi-;heries, and recreation therein as are now ve&ted m the district.

SEC. 57. The board may acquire, erect, maintain or operate within the district, all improvements, utilities, appliances or facilities which are necessary or convenient for the promotion and accommodation of commerce, navigation, fisheries, and recreation, or their use in connection therewith upon the lands STATUTES OF CALIFORNIA 374 [Ch. 67
and waters under the control and management of the board, and it may acquire, maintain and operate facilities of all kinds within the district.

SEC. 58. In case of emergency the board may suspend,
modify or amend any rule or regulation of the board, or it may place in effect any emergency rule or regulations, for periods not exceeding thirty (30) days, and every such ordinance shall so provide.

SEC. 59. Any person who violates the provisions of any
ordinance, or any loeal police or sanitary regulation, of the board shall be guilty of a misdemeanor. The prosecution shall be conducted by the City Attorney of San Diego if the infraction occurred within the eorporate limits of the City of San Diego on lands or waters wbject to the jurisdiction of the district. The prosecution shall be conducted by the District Attorney of San Diego County if the infraction occurred without the corporate limits of the City of San Diego but otherwise on lands or waters r,ub,iect to the jurisdiction of the district. The complaint shall be filed in the judicial district within which the infraction occurred.

SEC. 60. In the absence of the adoption of any police, fire and sanitary regulation<; by the district, the police, fire and i,,anitary regulations of any municipal corporation whose boundaries are adjacent to or contiguous to the territorial limits of the district shall be applicable.

SEc. 62. The enacting clause of all ordinances passed by the board shall be in substantially the following form:
'' The Board of Port Commissionrrs of San Diego Unified Port District do ordain as follow"l: ''
All ordinances and resolutions shall be signed by the chairman of the board and attested by the clerk.

SEC. 63. All orclinance"l and resolutions shall be entered in the minutes. All ordinances pa<;sed by the board shall be published, with the names of the members voting for and against them at least once in some daily newspaper of general circulation printed and published in the County of San Diego.

SEc. 64. An ordinauee pa<,sed b,v the board shall not go into effect until the expiration of 30 days from its publication.

This section does not apply to any ordinance ordering or otherwise relating to:
(a) An election.
(b) The adoption of the annual budget.
(c) The bringing or conducting of suits or actions.
(d) The condemnation of private property for public use. (e) The immediate preservation of the public peace, health or safety, which ordinance shall contain a specific statement showing its urgency and be passed by a two-thirds vote of the board.

All ordinances of the classes excepted, take effect upon their publication. A grant or franehise, lease, right or privilege shall never be construed to be an urgency measure.

C'h. 1962 FIRST EXTRAORDINARY SESSION 67] 375
All grants or franchises, leases, rights or privileges shall be made by ordinance.

Irrevocable permits shall not be granted or issued to any person.

SEc. 65. The district created in accordance with the provisions of this act is a public corporation created for the purposes set forth herein.

SEc. 66. The district may contribute money to the federal or the state government or to the county in which it is located or to any city within the district, for the purpose of defraying the whole or a portion of the cost and expenses of work and improvement to be performed, either within or without the territorial limits of the district, by the federal, state, county or city government, in improving rivers, streams, or in doing other work, when such work will improve navigation and commerce, in or to the navigable waters in the district.

SEC. 67. The district shall take over and a-;sume the
bonded indebtedness incurred for development of tide and submerged lands of the county or any city specified in this act which shall have heretofore issued bonds or created any bonded indebtedness for harbor development or improvement in the Bay of San Diego and to issue any bonds for the retirement of any such outstanding bonded indebtedness. For the purpose of retiring bonds assumed by the district, the revenues, if any, from the facility or facilities constructed through the use of the bond proceeds shall be used to retire such bonds.

Proceeds raised through taxation may also be used to retire such bonds.

The district shall also take over and assume other indebtedness, including indebtedness arising out of contractual obligation-;, of the county or any city specified in this act which indebtedness shall have been incurred for development of tide and submerged lands.

SEc. 68. The State hereby consents to the county or any city which has elected to join the district established under the provisions of this act to grant its right, title and interest in and to the tidelands, submerged lands, whether filled or unfilled, swamp, overflowed, and salt marshlands in the Bay of San Diego. "·hich are owned by the county or any city, including any such lands which have been granted in trust to the county or city by the State, to the district in trust for the uses and purposes and upon the conditions specified in this act. The county or such city may also transfer, relinquish and surrender to the district its power to manage, conduct and operate the harbor in or adjacent to which such portion of such lands are situated. The district shall, upon its establishment in accordance with the proYisions of this act, become the successor of the county or such city whose ticle and s11brnerged lands shall haw been included therein with respect to the management, conduct and operation of the harbor and with respect to the use, possession and title to such portions of such lands,, and STATUTES OF C,\LI:;JORNIA 376 [Ch. 67
they shall continue to be held and used by the district pursuant to this act.

SEc. 69. If the district is dissolved by operation of law, or otherwise, any such lands so granted thereto pursuant to this act, together with any and all improvements thereon, and the management, conduct and operation of such harbor, reverts to and is revested in the county or city so granting the same to the district. The lands reverting to the cities or the county pursuant to this section shall be held by the respective cities or the county in trust subject to the conditions, terms, and purposes of this act.

SEC. 70. Whenever the district is established under the provisions of this act it is the successor of the county and each of the cities included therein as to all powers theretofore vested in the county or each such city or exercisable by its officers, which are by the provisions of this act granted to the district or are exercisable by its officers. Such powers are relinquished by the county and the cities and surrendered to the district. The title to, and possession and control of, any works, structures, appliances, improvements and equipment of the kinds designated in this act, owned or held by or in trust £or the county and each of the cities, or by any officer or board thereof, in trust or otherwise, for any purpose £or which the district is authorized to acquire and use property pursuant to this act, are upon the establishment of the district, transferred to and vested i:r:. the district and are thereafter owned, operated and controlled by the district pursuant to this act.

SEC. 71. Upon the establishment of the district, all persons then occupying the several offices of or under the government, of the county and each of the cities included therein, except as otherwise provided, whose several powers and duties are within the powers of the district or within the powers or duties of the several officers thereof, shall immediately quit and surrender the occupancy or possession of such offices which shall thereupon cease and determine, except as to any persons who have powers and perform duties for the county and the cities other than those mentioned, whose offices shall not cease and determine as to such other powers and duties but shall continue with respect thereto the same as if the district had not been established.

Notwithstanding the provisions contained in this section, all employees of the county and any city performing duties in connection with the Port of San Diego or the respective harbor departments, shall be blanketed in as employees of the district; and the district is empowered to contract with the State Employees' Retirement System and may provide retirement and disability benefits for employees under the State Employees' Retirement System pmsuaut to its rules and regulations. The district may, by contract, continue such employees of the district so blanketed in as members of the retirement system of which they were members while they were employees of the respective cities.
1962 FIRST EXTRAORDINARY SESSION Ch. 67] 377
SEc. 72. The officers of the district shall be:
(a) An auditor.
(b) A port director.
(c) An attorney.
(d) A clerk.
(e) A treasurer.
(f) A chief engineer. . The auditor, port director, and attorney s~all be appointed by the board. All other officers shall be appomted by the port director and confirmed by the board.

SEc. 73. The salaries of the officers shall be fixed by the board by ordinance. The auditor and attorney shall hold office at the pleasure of the board. All other officers shall be appointed from a classified civil service. All offic.ers shall give such bond as is prescribed by the board; the premium on all bonds on officers and employees shall be paid by the district.

All other officers or employees shall be appointed by the port director from a classified civil service. The board shall establish a classified civil service for all offices and phases of employment other than the offices specified herein.

SEC. 75. The board may adopt civil service rules and
regulations in accordance with the following provisions:
(a) The civil service rules and regulations shall provide :
(1) For the qualifa·ations and examination of all applicants for employment and for the employment 0£ persons on probation (2) For the registration of persons, other than unskilled laborers, in the classified civil service, in accordance with their general average standing upon examination.
(3) For promotions on the basis of ascertained merit and seniority in service and examination, and for competitive examinations for promotions. (4) For the reassignment of persons injured in the service of the district who were at the time of injury actually engaged in the di-;charge of the duties of their positions.
(;i) For leaves of absence.
( 6) For the transfer from one position to a similar position of the same cla<;s.
(7) For the reinstatement to the list of eligibles on recommendation of the port director, of per<;ons who have become separated from the service or have been reduced in rank, other than persons who have been removed for cause.
( 8) For the keeping of service records of all employees in the ci-dl service, and for their u~e as one of the bases for promotions or la;vufl's throug-h stoppage or lnek of work. (9) For the procedure for the removal, discharge or snspension of employees; for the investigation by the board of the grounds thereof. and for the reinstatement or restoration to duty of persons found to have been removed, dischargerl or suspended for insufficient grounds or for reasons which are not sustained by investigation.

STATUTES OF CALIF'ORNIA 378 [Ch. 67
(IO) Generally for any other purpose which may be necessary or appropriate to carry out the objects and purposes of the civil service system and the rules herein specifically authorized. (b) Upon the request of the port director, the following persons may be exempted by the board, by ordinance, from the civil service :
(1) Persons employed to render professional, scientific, technical or expert service of a temporary or exceptional character. (2) The first and second deputies or assistants of any officer of the district or of the chief engineer in the service of the district.
(3) Persons employed on the construction of district works, improvements, buildings or structures.
(4) Persons :receiving a salary not exceeding fifty dollars ( $50) a month.

Any exemption so made may be terminated at any time by
resolution of the board.
(c) All officers and employees who, at the time of the establishment of the district, would be included in the classified civil service of the district. if a classified civil service is established, and who have been' continuously in the service of the harbor department of a municipal corporation included in the distrfot for a period of six months prior to the district's establishment, are deemed to have the necessary qualifications required by the provisions of this act and they retain the same respective or equivalent positions as nearly as practicable under the district which they formerly held in such municipal corporation.
(d) All officers and employees who, at the time of the
establishment of the district, would be included in the classified civil service, i£ a classified civil service is established, but who have been in the service of the harbor department of any such municipal corporation for a period of less than six months, are deemed to be in the service of the district under probation, and are subject to the same regulations as other applicants for appointment to the civil service of the district serving under probation in accordance with rules and regulations established by the board.

SEc. 76. Nothing herein contained shall prevent the board from contracting with the County of San Diego to utilize the services of its civil service commission office or department to effectuate the purposes hereof.

SEc. 77. The salaries or wages of all officers and employees of the district shall be paid either monthly, semimonthly or weekly as the board by ordinance may determine.

SEC. 78. Such persons shall severally forthwith deliver and turn over to the proper officers of the district, all property of the county and each city in their hands or under their control Ch. 1962 FIRST EXTRAORDINARY SESSION 67] 379
including any and all works, structures, appliances, improvements and equipment of the character, kinds or classes enumerated or designated in this act and pertaining to harbor improvements or affairs.

SEc. 79. The provisions of this act shall apply to any municipal corporation which is governed under a freeholders' charter even if such provisions are inconsistent with the charter or its amendments, it being hereby declared that such provisions are a matter of statewide concern and are to prevail over any inconsi<;tent provisions in any such charter. If the district is dissolved by operation of law or otherwise, any such works, structures, appliances, improvements and equipment are vested in such municipal corporation, together with any other works, structures, appliances, improvements and equipment acquired or constructed by the district in that portion of the district within the limits of each sueh municipal corporation respectively.

SEc. 80. All money received or collected from or arising out of the use or operation of any harbor or port improvement, work, appliance, facility or utility, or vessel, owned, controlled or operated by the district; all tolls, charges and rentals collected by the board, and all compensations or fees required to be paid for franchises or licenses, or otherwise by law or ordinance or order, to the district £or the operation of any public service utility upon lands or waters under the control and management of the board, shall be depo-,ited in the treasury of the district to the credit of a fund to be known as the San Diego Unified Port District Revenue Fund. The money in or belonging to the fund shall not be appropriated or used for any purpose except those enumerated in this act.

SEC. 81. The fund may be used for the n.-e .. ~c:;ar? expenses of conducting the district, including the operation and maintenance of all harbor or port improvements, works, utilities, appliances, facilities and vessels owned, controlled or operated by the district for the promotion and accommodation of commerce, navigation, fisheries, and recreation, or used in connection therewith, and for the purposes set forth in any grants in trust.

SEc. 82. The money in the fund may al"o be used for advertising the commercial and other advantages and facilities of any harbor in the district, and for encouraging and promoting commerce, navigation and transportation in and through such harbor.

SEC. 83. The money in the fund may also be used for
the acquisition, construction, completion and maintenance of harbor and port improvements, works, utilities, appliances, facilities, and vessels, for the promotion and accommodation of eommerce, navigation and fisheries, and recreation, or nses in connection therewith; and for extraordinary improvements and betterments to lands and property under the control, STATUTES OF CAL11°QRNIA 380 [Ch. 6i
supervision and management of the district, including the purchase or condemnation of neces:-,ary lands and other property and property rights.

SEc. 84. The money in the furn1 may also be used for the payment of the principal, or intrrest, or both, of district bonds authorized, issued and sold pursuant to this act.

SEC. 85. The money in the fund may also be used for the payment of the principal or interest. or both, of the bonds of the county or any city in the district, for harbor improvements, authorized or outstanding prior to the establishment of the district, or thereafter i<,sued and sold by such county or city for harbor improvements pur:,,uant to this act.

SEC. 86. The port dll'edor may make application in writing to the board for a transfer of amounts from one appropriated item to another in the budget allowance. On the approval of the board by a two-thirds Yote, the auditor shall make such transfer; but a transfer shall not be made except as herein provided, and in any event a transfer shall not be made from one bond improvement fund to another.

SEC. 87. (a) The tide and submerged lands conveyed to
the district by any citr included in the district shall be held by the district ancl its succe:c-sors iu tru<;t and may be used for purpo&es in which there is a general statewide purpose, as follows:
(1) For the establishment. improvement and conduct of a harbor, and for the co11struction, reconstruction, repair, maintenance, and operation of wharves, docks, piers, slips, quays, and all other works, buildings, facilitier;, utilities, structures and appliances incidental, nE>cesrnry or ronvenient, for the promotion and accommodation of commerce and navigation. (2) For all commercial and industrial uses and purposes, and the con1struction, reconstruction, repair and maintenance of commercial and indu5;trial lmildings, plants and facilities. (3) For the establishment, imprornment and conduct of
airport and heliport or aviation facilities, including but not limited to approach, takeoff and clear zones in connection mth airport ruu-ways, and for the rnnstruction, reconstruction, repair, maintenance and operation of terminal buildings, runways, roadways, aprons, taxiways, parking areas, and all other works, buildings, facilities, utilities, structures and appliances incidental, neces,.,ary or cc•nYenient for the promotion and accommodation of air commerce and air navigation. (4) For the construction, reconstruction, repair and maintenance of highways, streets, roadways, bridges, belt line railroads, parking facilities, power, telrphone, 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 this section.
(5) For the construction, reconstruction, repair, maintenance and operation of public buildings, public assembly and 1963 FIRST EXTRAORDINARY SESSION Ch !i7] 381
meeting places, convention centers, parks, playgrounds, bathhouses and bathing facilities, recreation and fishing piers, public recreation facilities, including but not limited to public golf coun,es, and for all works, buildings, facilities, utilities, structurer, all(} appliances incidental, necessary or convenient for the promotion and accommodation of any such uses.
(6) For the establishment, improvement and conduct of
small boat harbors, marinas, aquatic playgrounds and similar recreational facilities, and for the construction, reconstruction, repair, maintenance and operation of all works, buildings, facilities, utilities, structures and appliances incidental, necessary or convenient for the promotion and accommodation of any of 1:,uch u:a.es, including but not limited to snack bars, cafes, restaurant-;, motels, launching ramps and hoists, storage sheds, boat repair facilities with cranes and marine ways, administration buildings, public restrooms, bait and tackle shops, chandleries, boat sales e!>tablishments, service stations and fuel dockc;, yacht club buildings, parking areas, roadw·ays, pedestrian ways and landscaped areas. (b) The district or its successors shall not, at any time, grant, convey, give or alienate said lands, or any part thereof, to any individual, firm or corporation £or any purposes whatever; provided, that said district, or its successors, may grant franchises thereon £or limited periods, not exceeding 66 years, for wharves and other public uses and purposes, and may lease said lands, or any part thereof, for limited periods, not exceeding 66 years, for purpos;es consistent with the trusts upon which said lands are held by the State of California, and with the requirements; of commerce and navigation, and collect and retain rents and other revenues from such leases, franchises and privileges. Such lease or leases, franchises and privileges may be £or any and all purposes which shall not interfere with commerce and navigation. (c) Said lands shall be improved without expcrn;e to the State; provided, however, that nothing contained in this; section shall preclude expenditures £or the development of said lands for any public purpose not inconsistent with commerce, navigation and fo.hery, by the State, or any board, agency or commission thereof, when authorized or approved by the district, nor by the district of any funds received £or such purpose from the State or any board, agency or commission thereof.
(d) In the management, conduct, operation and control of said lands or any improvements, betterments, or structures thereon, the district or its succe-,sors shall make no discrimination in rates, tolls or charges for any use or service in connection therewith. (e) The State of California shall have the right to use with· out charge any transportation, landing or storage improvements, betterments or structures constructed upon said lands for any vessel or other watercraft, aircraft, or railroad owned or operated by the State of California.

STATUTES OF CALI::.'i'ORNIA 382 [Ch. 67
(f) There is hereby reserved to the people of the State of California the right to fish in the waters on said lands with the right of convenient access to said water over said lands for said purpose.
(g) There is hereby excepted and reserved in the State of California all deposits of minerals. including oil and gas, in said lands, and to the State of California, or persons authorized by the State of California, the right to prospect for, mine, and remove such deposits from said lands.
(h) Said lands shall be held subject to the express reservation and condition that the State may at any time in the future use said lands or any portion for highway purposes without compensation to the district, its succesr,ors or a~signs, or any person, firm or public or private corporation claiming under it, except that in the event improvements, betterments or structures have been placed upon the property taken by the State for said purposes, compensation shall be made to the person entitled thereto for the value of his interest in the improvements, betterments or structures taken or the damages to such interest.
(i) The State Lands Commis-,io11 shall, at the cost of the dn,trict, survey and monument said lands and reeol'd a description and plat thereof in the office of the County Recorder of San Diego County.
(j) As to any tide and submerged land-, conveyed to the district by a city which are subject to a condition contarned in a grant of said lands to the city by the State that said lands shall be substantially improwd within a designated period or el,,e they shalJ rewrt to the State, such condition shall remain in effect as to said laud,;; and :-.hall be applicable to the district.

As to any tide and submerged lands com·eyed to the district by a city which are not subject to such a condition contained in a grant by the State and which have not heretofore been snb<Jtantially improved, said lands, within 10 years from the effective date of this act, shall be -,ubstantially improved by the district without expense to the State. If the State Lands Comrnis~ion determines tliat the district has failed to improve said lands as herein required, all right, title and interest of the district in and to said lands shall cease and said lands shall revert and re~t in the State
130
The Public Trust Doctrine
From the California State Lands Commission
The common law Public Trust Doctrine protects sovereign lands, such as tide and submerged lands and the beds of navigable waterways, for the benefit, use and enjoyment of the public. These lands are held in trust by the State of California for the statewide public and for uses that further the purposes of the trust. The hallmark of the Public Trust Doctrine is that trust lands belong to the public and are to be used to promote publicly beneficial uses that connect the public to the water.

The Public Trust Doctrine is steeped in history traceable to Roman law concepts of public rights and common property ownership that the air, the rivers, the sea and the seashore are incapable of private ownership because they are dedicated to public use. English common law refined this principle to state that the sovereign, i.e. the entity exercising authority, holds navigable waterways and the lands underlying them as a trustee for the benefit of the public for waterrelated uses. After the American Revolution, each of the original thirteen states succeeded to this sovereign role and became a trustee of the navigable and tidal waterways within its boundaries for the common use of the people. When California became a state in 1850, it too succeeded to the same sovereign rights and duties under the Equal-Footing Doctrine.

The foundational principle of the Public Trust Doctrine is that it is an affirmative duty of the state to protect the people’s common heritage in navigable waters for their common use. The traditional uses allowed under the Public Trust Doctrine were described as water-related commerce, navigation, and fisheries.

As a common law doctrine, the courts have significantly shaped the Public Trust Doctrine in a number of important ways. Courts have found that the public uses to which sovereign lands are subject are sufficiently flexible to encompass changing public needs. The courts have also found that preservation of these lands in their natural state, so that they may serve as ecological units for scientific study, as open space, and as environments which provide food and habitat for birds and marine life, are appropriate uses under the Public Trust Doctrine.

Courts have also made clear that sovereign lands subject to the Public Trust Doctrine cannot be alienated through sale into private ownership.

Another way that the courts have shaped the Public Trust Doctrine is by addressing the roles and responsibilities of the state in managing sovereign lands. In California, the Legislature, as both trustee and trustor of sovereign lands, has enacted provisions involving the uses of sovereign lands found primarily in the Public Resources Code and uncodified statutes involving local governments. These laws are in addition to those contained in the California Constitution.

The State of California has entrusted the State Lands Commission with administering the principles of the Public Trust Doctrine. The Commission manages the state’s sovereign public trust lands to promote and enhance the statewide public’s enjoyment of the lands and ensure appropriate uses of public trust lands.

Group 1
Group 2
Group 3
California Coastal Voices, by the California Coastal Commission From: [email protected] on behalf of eSCRIBE.Admin To: Tonya Hussain
Subject: Public Comment Approval Request
Date: Tuesday, May 7, 2024 3:02:36 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

User Cynthia Fuller Quinonez has enter the following comment(s):

My name is Cynthia Quinonez, a resident on E 4th, near D, and a longtime advocate for local health improvement, here and across the South Region. From years of work with our homeless and other food insecure residents, I know HEALTH REQUIRES HOUSING. Our region clearly shows all the health issues of being housing insecure. Rezoning for more housing is key but not with inadequate community engagement and lacking programs essential for community benefit. More work remains needed before approval. for Zoning Map Amendment to Implement the Focused General Plan Update. in Regular City Council Meeting 5/7/2024 6:00:00 PM
Please log into eSCRIBE to review the submitted comment(s).

Item 11.4
From: [email protected] on behalf of eSCRIBE.Admin To: Tonya Hussain
Subject: Public Comment Approval Request
Date: Tuesday, May 7, 2024 11:01:10 AM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

User Rita Clement has enter the following comment(s):

Dear Mayor and Councilmember, I am speaking on behalf of SanDiego350. We urge the City to represent your constituents and not the Port’s desires and retain Commissioner Naranjo to fight for our community. We need her voice on the Commission. We need a Commissioner who regulates the Port, not one who rubber-stamps their decisions to make friends. We need accountability and oversight for Port decisions. We need clean air to breathe. for Discussion and Consideration of the Status of Port Commissioner Sandy Naranjo Pursuant to City Council Policy 107. in Regular City Council Meeting 5/7/2024 6:00:00 PM Please log into eSCRIBE to review the submitted comment(s).

Item 12.4
From: [email protected] on behalf of eSCRIBE.Admin To: Tonya Hussain
Subject: Public Comment Approval Request
Date: Tuesday, May 7, 2024 9:54:23 AM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

User Zoe Luiz has enter the following comment(s):

Sandy has been a mentor of mine since meeting through my graduate program at the University of San Diego. Sandy's unwavering commitment to her community and the people who appointed her should be considered an asset to the Port, rather than something to squander. The City should help fight for the public servants who are doing their job, serving the public, and be transparent in the processes that happen behind closed doors. The Port also must fund the development plans needed by the community. for Discussion and Consideration of the Status of Port Commissioner Sandy Naranjo Pursuant to City Council Policy 107. in Regular City Council Meeting 5/7/2024 6:00:00 PM Please log into eSCRIBE to review the submitted comment(s).

Item 12.4
From: [email protected] on behalf of eSCRIBE.Admin To: Tonya Hussain
Subject: Public Comment Approval Request
Date: Tuesday, May 7, 2024 2:11:50 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

User Marianne Delatorre has enter the following comment(s):

Port Commissioner Naranjo is a champion of National City community's interest for environmental health and clean air. Her fierce advocacy has been questioned because she challenges outside interests that do not benefit National City. We urge the City to represent your constituents and not the Port’s desires and retain Commissioner Naranjo to fight for our community. We need a Commissioner who regulates the Port, not one who rubber-stamps their decisions to make friends.
for Discussion and Consideration of the Status of Port Commissioner Sandy Naranjo Pursuant to City Council Policy 107. in Regular City Council Meeting 5/7/2024 6:00:00 PM Please log into eSCRIBE to review the submitted comment(s).

Item 12.4
From: [email protected] on behalf of eSCRIBE.Admin To: Tonya Hussain
Subject: Public Comment Approval Request
Date: Tuesday, May 7, 2024 8:49:50 AM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

User Ted Godshalk has enter the following comment(s):

You also should write a new policy for the appointment process to fill a vacancy on the City Council between elections. There should be language that requires applicants to be FROM the district with the vacancy.
for Adoption of a Resolution Providing Conduct of a Special Runoff Election in the Event of a Tie Vote in Regular City Council Meeting 5/7/2024 6:00:00 PM Please log into eSCRIBE to review the submitted comment(s).

Item 12.7