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HomeMy WebLinkAbout04-25-2019 HRC Agenda PacketC y o f C h u l a Vista Boards &C o m o n s Human Relations Commission April 25, 2019 Executive Conference Room 103A 6:00 p.m.City Hall, Building A 276 Fourth Avenue Chula Vista, CA 91910 CALL TO ORDER ROLL CALL:Commissioners Branch,Felix,Godinez,Gutierrez,Gonzales,Kean-Ayub,Lake, Medina,Zadah,Vice-Chair Gonzalez, Chair Martinez-Montes CONSENT CALENDAR (Items 1-2) The Commission will enact the Consent Calendar staff recommendations by one motion,without discussion,unless a Commissioner,a member of the public,or staff requests that an item be removed for discussion.Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1.CONSIDERATION OF REQUEST FOR EXCUSED ABSENCE Request from Commissioners Lake and Medina requesting an excused absence from the March 28, 2019 Human Relations Commission meeting. Staff recommendation:Commission excuses the absence. 2.APPROVAL OF MINUTES FOR MARCH 28, 2019 REGULAR MEETING Staff recommendation:Commission approves minutes. PUBLIC COMMENTS Persons speaking during Public Comments may address the Board/Commission on any subject matter within the Board/Commission’s jurisdiction that is not listed as an item on the agenda.State law generally prohibits the Board/Commission from discussing or taking action on any issue not included on the agenda,but,if appropriate,the Board/Commission may schedule the topic for future discussion or refer the matter to staff.Comments are limited to three (3)minutes. ACTION ITEMS The Item(s)listed in this section of the agenda will be considered individually by the Board/Commission and are expected to elicit discussion and deliberation.If you wish to speak on any item,please fill out a “Request to Speak”form and submit it to the Secretary prior to the meeti ng. Comments are limited to five (5)minutes. 4.DISCUSSION AND ACTION ON PROPOSED WORKSHOP REGARDING LAW DAY SUBJECT OF FREE SPEECH, FREE PRESS, AND FREE SOCIETY AND INDIVIDUAL RIGHTS , A “KNOW YOUR RIGHTS” WORKSHOP ,INCLUDING PLANNING FOR SUCH PARTICIPATION , AND DISCUSSION AND ACTION REGARDING IDENTIFICATION OF FUTURE WORKSHOPS Staff recommendation: Commission to discuss proposed workshop and take steps to implement, including identification of partners, content, dates, venues, and creation of HRC ad hoc committee to assist. 5. UPDATE ON SOUTH BAY EARTH DAY OUTREACH Staff recommendation: Commissioners who participated to provide update on event activities and feedback for upcoming events. 6 .DISCUSSION AND ACTION REGARDING POTENTIAL EVENTS/ACTIVITES TO SUPPORT AND PARTICIPATE IN FOR 2019, SUCH AS, BUT NOT LIMITED TO, PARTICIPATION IN NATIONAL NIGHT OUT DAY, CHULA VISTA PRIDE DAY, WELCOMING AMERICA WEEK, HUMAN RIGHTS DAY,INCLUDING PLANNING FOR SUCH PARTICIPATION Staff recommendation:Commission to discuss next event for HRC to participate in and take steps to implement, including scheduling which HRC member to participate and logistics to attend. 7 .DISCUSSION REGARDING MUSLIM COMMUNITY AND HOW TO SUPPORT SAID COMMUNITY Staff recommendation:Commission to discuss Muslim community, including recent threats around the nation to mosques, and how to support said community. STAFF PRESENTATIONS The items listed in this section of the agenda will consist of presentations by City staff members. No action is expected to be taken by the Human Relations Commission om these items. If anymember of the public wishes to speak on any item, please fill out a “Request to Speak” form and submit it to the Secretary prior to the meeting. Comments are limited to five (5) minutes. 8.UPDATE ON WELCOMING CITY CERTIFICATION 9.PRESENTATION ON SOCIAL MEDIA AND BROWN ACT OTHER BUSINESS 10.CHAIR’S COMMENTS 11.COMMISSIONERS’ COMMENTS 12. STAFF’S COMMENTS ADJOURNMENT to the meeting on Thursday,May 23,2019 at 6:00 p.m.,Executive Conference Room 103A, Building A, at City Hall 276 Fourth Avenue, Chula Vista, California. Materials provided to the Human Relation Commission related to any open-session item on this agenda are available for public review in Human Resources Department at City Hall,Building C,Human Resources Department 276 Fourth Avenue, Chula Vista during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting,activity,or service, contact the Human Resources Department (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) MINUTES OF A REGULAR MEETING OF THE HUMAN RELATIONS COMMISSION OF THE CITY OF CHULA VISTA March 28,2019 6:00 p.m. The regular meeting of the Human Relations Commission of the City of Chula was called to order at 6:01 p.m.in City Hall Conference Room 103 located in Public Services North Bldg.C at 276 Fourth Avenue,Chula Vista,California. ROLL CALL: PRESENT:Commissioners Branch,Felix,Godinez,Gonzales,Gutierrez,Kean-Ayub, Zadah,Vice-Chair Gonzalez and Chair Martinez-Montes ABSENT:Commissioners Lake and Medina OHERS PRESENT:Simon Silva and Anne Steinberger CONSENT CALENDAR (Items 1-2) 1.CONS IDERAT ION OF REQUEST FOR EXSCUSED Request from Commissioners Zadah and Vice-Chair Gonzalez requesting an excused absence from the February 28,2019 special Human Relations Commission meeting. Staff recommendation:Commission excuses the absence. 2.APPROVAL OF MINUTES FOR REGULAR FEBRUARY 28, 2019 MEETING Staff recommendation:Commission approves minutes. ACTION:Commissioner Branch moved to approve staff’s recommendation and offered Calendar Items 1 and 2,headings read,text waived.Commissioner Felix seconded the motion,and it carried by the following vote: YES:9-Branch,Felix,Godinez,Gutierrez,Gonzales,Kean-Ayub, Zadah, Vice-Chair Gonzalez,Chair Martinez-Montes NO:0 ABSTAIN:0 PUBLIC COMMENTS There were none. ACTION ITEMS 3.UPDATE ON WELCOMING CITY CERTIFICATION Staff recommendation:Commission discuss Welcoming City Audit Report and take such action(s)as it deems appropriate. Staff recommendation:Commission take such action(s)as it deems appropriate. Action:There were none.Will continue to discuss at next meeting. 4.DISCUSSION AND ACTION REGARDING NEXT STEPS, GOALS FOR COMMISSION, AND POTENTIAL EVENTS/ACTIVITES TO SUPPORT AND PARTICIPATE IN FOR 2019, SUCH AS, BUT NOT LIMITED TO,PARTICIPATION IN NATIONAL NIGHT OUT DAY,CHULA VISTA PRIDE DAY, WELCOMING AMERICA WEEK, HUMAN RIGHTS DAY; HOLDING COMMUNITY WORKSHOPS (ON TOPICS SUCH AS POLICING/CITIZEN COMPLAINTS AND HUMAN RELATIONS); CONDUCTING OUTREACH VIA SOCIAL MEDIA AND OTHER MEANS; ENHANCING LANGUAGE ACCESS; REVIEWING DISABILITY ACCESS; INCREASE INTERACTION WITH CITY COUNCIL; PARTICIPATE IN CITY EVENTS; AND COLLABORATE WITH OTHER COMMISSIONS (I.E. CHARTER REVIEW COMMISSION AND HEALTHY CHULA VISTA) Staff recommendation:Commission take such action(s)as it deems appropriate.Commissioners encouraged to bring additional ideas for 2019 events/activities to support or participate Action: There were none. Will continue to discuss bullet points in further detail at next meeting. OTHER BUSINESS 5.CHAIR COMMENTS Thanked the Commissioners for making the community a better place. 6.COMMISSIONERS’COMMENTS There were none. 7.STAFF COMMENTS Simon stated that minutes are for actions and not dialoged. Per the municipal code actions are to be recorded. ADJOURNMENT At 8:02 p.m.Chair Martinez-Montes adjourned the meeting to the meeting on Thursday, April 25, 2019 at 6:00 p.m.,in Executive Conference Room 103A, Bldg.A, at City Hall 276 Fourth Avenue, Chula Vista,California. Summer Haskins,Secretary to the Commission The Brown Act and Social Media SIMON SILVA DEPUTY CITY ATTORNEY BROWN ACT “OPEN MEETINGS LAW” The Brown Act is the State’s “Open Meetings” Law It provides: “All meetings of a legislative body of a local agency shall be open and public, and all persons should be permitted to attend any meeting of the legislative body of the local agency” (Gov. Code sec. 54953) The act applies to City Council and Boards and Commissions. BROWN ACT “OPENS MEETINGS LAW” If a majority of City Council/Commissions meet then the following has to occur: 1.Timely and noticed agenda: 72 hours/24 Hours Description of subjects to be discussed (20 words or so) Documents also provided to public 2.Only discuss/act on items on Agenda 3.Allow for Public Participation: For items on agenda, before action taken In “Public Comment” section, on matters within subject matter of Council or Board or Commission May be critical (but not disruptive) May record BROWN ACT What is a meeting? A meeting occurs when a quorum of City Council or Board or Commission communicates with each other on a matter within the subject matter jurisdiction of the Council or Board or Commission Government Code section 54952.2 (b)(1) provides: “ A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.” BROWN ACT SERIAL MEETINGS Traditional meeting: a quorum gathers together A, B, C, D all meet at same time Serial meeting: A combination of connections to contact a quorum A to B, B to C, C to D until A, B, and C all have communicated on same item A to B, A to C, and A to D until all have communicated on same item BROWN ACT MEETINGS TRADITIONALLY MEETINGS WERE: IN PERSON TELEPHONE LETTERS BUT NOW: EMAILS TEXT MESSAGES SOCIAL MEDIA BROWN ACT Social Media There are various kinds of social media including: Facebook Instagram Twitter What’s App Snapchat Vine Tumblr SOCIAL MEDIA IS A DEVELOPING TECHNOLOGY BROWN ACT Social Media Types of communication you can do on the various platforms Comment Post Like Share Re-tweet Send a Snap Tagging (including # or @) BROWN ACT Activities on Social Media may be speech The types of actions taken on the various social media platforms can be speech depending on the content/message Indeed, the Federal Court of Appeal for the 6th Circuit in Bland v. Roberts (2013) 730 F.3d 368 held that “like” button on Facebook is speech Pictures are also speech-remember the adage, “a picture is worth a thousand words.” Brown Act Social Media As Speech How the following acts may be speech: Commenting/tweeting/Posting: This is speech like a letter, email, etc.. Sharing/re-tweeting/tagging: By sharing/retweeting you may also be adopting the content of the post Liking: The Courts have said it is speech Snapchat: A picture is speech Tagging/@/#: by directing them to your post or another post, its akin to bringing them into the discussion and that post’s message may be adopted The activity on the social media may convey a message directly (commenting or tweeting) or indirectly (in the context of sharing/posting/liking it may seen as you are adopting the message) and, hence, speech BROWN ACT Social Media As Speech The Brown Act may be violated if you engaged in a social media activity (commenting, liking, sharing) with a quorum and such activity involves a matter within the HRC’s jurisdiction it may violate the Brown Act Guiding principles: When using social media, think about the content of the activity -the message it sends. If it is a message about a matter within the jurisdiction of the HRC do not send it to a quorum of the members. Also, don’t send it in such a way, it becomes a serial meeting. Be cautious about monitoring another’s social media-they may post messages with the subject matter of HRC and a serial meeting may occur BROWN ACT Social Media As Speech In sum, most social media activity that is provided to a quorum HRC and involves communication about a subject of the HR may create violations of the Brown Act What about “upcoming events” type messages If the use of social media is about upcoming events, it may not violate the Brown Act For example, you forward a post or share an upcoming event, but provide no commentary on it, such may be allowable. Akin to when the HRC Agenda is provided to the HRC members If so, don’t be discussing it on the social media platform Brown Act Social Media What do other agencies do: West Hollywood: “City social media sites shall be managed consistent with the Brown Act. Members of the City Council, Commissions and/or Boards shall not respond to, ‘like’, ‘share’, retweet or otherwise participate in any published postings, or use the site or any form of electronic communication to respond to, blog or engage in serial meetings, or otherwise discuss, deliberate, or express opinions on any issue within the subject matter jurisdiction of the body.” BROWN ACT Social Media What other agencies do: Aliso Viejo “City social media sites shall be managed consistent with the Brown Act (California Government Code section 54950 et seq.). City Council members should take caution in responding to any published posting, or using City social media sites or any other form of electronic communication to respond to, blog, or otherwise discuss, deliberate, or express opinions on any issue within the subject matter jurisdiction of the Council because such responses may create a meeting in violation of the Brown Act.” Meeting Non-Compliant Core Criteria Category # Requirement/ Indicator Description Evidence of Non-Compliance Action Plan GOVERNMENT LEADERSHIP GL 4 Requirement A program is in place to manage a community-wide plan for immigrant inclusion. A community plan for immigrant inclusion has yet to be developed; although there is clear commitment for plan development from the HRC, government leaders, and the community at large. Develop Community Plan for Immigrant Inclusion outlining activities and goals to meet requirements demonstrating: Government Leadership, Equitable Access, Connected Communities, Education, Economic Development, Safe Communities GOVERNMENT LEADERSHIP GL 4.1 Indicator The program includes processes to regularly assess the needs and priorities of the local immigrant community in each of the categories of this standard and use that feedback to strengthen the plan. See GL 4 Conduct outreach with community Develop assessment plan Incorporate input into Community Plan for Immigrant Inclusion GOVERNMENT LEADERSHIP GL 4.2 Indicator The program includes processes to engage cross-sector and diverse stakeholders in the maintenance and implementation of the plan, including stakeholders from the immigrant community and receiving community. See GL 4 Engage stakeholders: community, City leaders, City Commissions, City program leaders (Library, Cultural Arts), partner agencies Community Plan for Immigrant Inclusion EQUITABLE ACCESS EA 2 Requirement A program(s) is in place to ensure language access across government agencies with the goal of expanding equitable access to programs, services, and activities. Insufficient evidence was provided. While the City has actively sought to employ Spanish speakers especially in community facing positions, language access services for other language groups is inconsistent across agencies. Develop Language Access Plan Category # Requirement/ Indicator Description Evidence of Non-Compliance Action Plan EQUITABLE ACCESS EA 2.1 Indicator The program(s) assesses and addresses language needs for accessing important community information including safety services and emergency and alert systems. See EA 2 Identify language access efforts established Formalize and promote existing processes Identify opportunities to expand language access EQUITABLE ACCESS EA 2.2 Indicator The program(s) includes training for staff. See EA 2 Review and promote Staff Training Program Identify gaps and take steps to enhance training CONNECTED COMMUNITIES CC 1 Requirement A partnership program(s) is in place to nurture connections between the immigrant community and receiving community. Although several nascent efforts are in the works (for example the expansion of Neighbor Day to a citywide event), current efforts to nurture connections between the immigrant community and receiving community are limited. Collaborate with Internal partners (Library, Cultural Arts, Recreation) and external partners (Education providers, arts programs, CBOs) to identify activities that nurture connections Collaborate with partners on existing events held in the City to expand connections Collaborate on new event(s) to nurture connections between and among resident communities Category # Requirement/ Indicator Description Evidence of Non-Compliance Action Plan CONNECTED COMMUNITIES CC 1.1 Indicator The partnership program(s) brings the immigrant community and receiving community together to work on issues of common interest. While evidence was shared of significant past projects, such as community engagement around the KaBOOM! playground or districting, insufficient evidence was provided of current and consistent programming to meet this requirement. Collaborate with Internal partners (Library, Cultural Arts, Recreation) and external partners (Education providers, arts programs, CBOs) to identify activities the nurture connections Additional Criteria Category Total Criteria Complied Non-complied GOVERNMENT LEADERSHIP 10 6 4 EQUITABLE ACCESS 14 10 4 CIVIC ENGAGEMENT 6 4 2 CONNECTED COMMUNITIES 3 0 3 EDUCATION 9 9 0 ECONOMIC DEVELOPMENT 13 11 2 SAFE COMMUNITIES 3 1 2 OVERALL COMPLIANCE 58 41 17 South Bay Earth Day April 6, 2019 Human Relations Commission Booth Comments Received Town Halls – More communication with community Graffiti Want to be able to walk safely in city Homeless in Memorial Park Put more Jesus in us Response time west side West tree maintenance West Chula Vista More lights/streets Drug issues Speeding – Bonita/Telegraph Vigilant – abandoned cars Drugs in vehicles/pot People living in their vehicles More police presence for parks, too What are you doing to avoid homeless coming to this beautiful City of Chula Vista West + East Drug paraphernalia Where to call for help? Other than 911 Fire safety issue – businesses up to code More affordable housing/low income housing Issue with trash company – competitive business Timely Manner PD – East Side Better online response for callers Gang presence near Central Chula Vista – Graffiti, Burglary Make the sidewalk bigger For person with Parkinson’s Disease – crossing signals – make longer or more responsive if person needs more time Make every City building easily accessible Blocked handicap ramps/ West CV City sidewalks upkeep/cleaning More resources for the homeless (from 2 residents) Rents raised residential, small businesses Taking care of buildings Visitation Volunteers for Chula Vista VA Retirement Bldg on Naples (especially Bldg A) My worry is the congestion that will come with the Bayfront Development. Also, are the existing species that inhabit the bayfront going to be displaced? Human Relations Commission The Human Relations Commission serves as an advisory body to provide input and make recommendations to the Mayor, City Council and City Manager on how best to promote ways in which the community welcomes and embraces its diversity and safeguards equal opportunities for everyone. The Human Relations Commission is addressing the following initiatives: • Immigration Issues and Policies • Welcoming City Certification • Interrelationships between and among residents • Collaboration with other City Commissions • Language Access • Disability Access • LGBTQ Community Support • Public Safety • Participation in City Events • Community Outreach and Engagement • Other Community Priorities The Human Relations Commission was re-established in 2017 and held its first meeting in January 2018. The Commission meets the fourth Thursday of every month at 6 p.m. at Chula Vista City Hall, 276 Fourth Ave., Chula Vista, 91910. More information at www.chulavistaca.gov/boards.