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HomeMy WebLinkAbout2021/03/23 Agenda Packet v . 0 01 P a g e | 1 March 23, 2021 File ID: 21-0032 21-0086 TITLE ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.56 (PURCHASING SYSTEM) TO AUTHORIZE THE PUBLIC WORKS DIRECTOR OR CITY ENGINEER TO ACQUIRE INTERESTS IN REAL PROPERTY IN FURTHERANCE OF CAPITAL IMPROVEMENT PROJECTS (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY As part of the Sidewalk Gap Third Avenue (STL0426) project City staff is preparing sidewalk improvement plans for Third Avenue between Zenith Street and Orange Avenue. In order to construct the proposed improvements, additional right-of-way located at 276-294 Zenith Street, Chula Vista, CA (APN: 623-201-46) will be required for the project. The required additional right-of-way has been appraised and City staff has negotiated an easement purchase agreement with the property owner, SDCF Holdings Corporation. Staff recommends adopting the resolution to approve the easement purchase agreement. The proposed ordinance would grant the City Engineer or Director of Public Works the authority to approve similar future real property agreements for CIP projects, subject to the limitations contained in the ordinance. Staff recommends placing the ordinance on first reading. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 class 3 (New Construction or Conversion of Small Structures), Section 15332 Class 32 (In-Fill Development Projects), and Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not Applicable 2021-03-23 Agenda Packet Page 6 of 165 P a g e | 2 DISCUSSION Resolution Approving Easement Purchase Agreement The Sidewalk Gap Third Avenue (STL0426) project was approved as a part of the Fiscal Year 2018-2022 CIP. This project proposes to install missing sidewalks along Third Avenue between Zenith Street and Orange Avenue. The project location was identified as #3 priority in the Chula Vista Pedestrian Master Plan dated June 15, 2010. Construction of the proposed sidewalks requires acquisition of additional real property interests beyond the existing right-of-way limits. The proposed additional real property is located at the corner of Third Avenue and Zenith Street. The acquisition area was appraised by Epic Land Solutions in August of 2019 in accordance with Federal requirements. The value of the permanent roadway easement was appraised at $1,370. An offer package and purchase agreement were prepared by staff and delivered to SDCF Holdings Corporation for review and concurrence. The President of SDCF Holdings Corporation, Mr. Nolan Alegre, representing the interests of the corporation, agreed to the terms of the purchase agreement on April 4, 2020 (see attachment 1). Staff recommends adopting the resolution to approve the easement purchase agreement. Ordinance Authorizing Public Works Director or City Engineer to Acquire Interests in Real Property in Furtherance of CIP Projects CIP projects serve to enhance and maintain the City’s infrastructure. To implement these enhancements in accordance with applicable City, State, and Federal requirements, and accepted engineering standards, the improvements must occasionally extend beyond the existing right-of-way limits. In such situations, like those described in the easement purchase agreement item above, City staff identifies the required additional real property interests, coordinates to have said real property interests appraised, and negotiates real property purchase agreements between the City and private property owners. The proposed ordinance would authorize the Public Works Director or City Engineer to acquire property interests on behalf of the City, without City Council approval, if certain conditions have been met. The conditions are: (1) that a CIP project has been established for the construction, repair, operation, or maintenance of City facilities and funds are appropriated to that CIP budget, (2) that the CIP budget has sufficient funds for the purchase and the purchase will not materially affect the ability to complete the CIP project, (3) that the purchase price does not exceed $100,000, and (4) that the purchase price does not exceed one hundred twenty-five percent (125%) of the appraised value of the interests to be acquired. If (1), (2), and (3) are satisfied but the proposed purchase price does exceed one hundred twenty-five percent (125%) of the appraised value of said interests, the City Manager can approve the purchase where doing so would be in the best interest of the City. In order to enhance the efficiency and flexibility of the City’s procurement process for acquisitions of real property interests in furtherance of CIP Projects, staff recommends placing the proposed ordinance on first reading. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of 2021-03-23 Agenda Packet Page 7 of 165 P a g e | 3 Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The proposed real property acquisition in the amount of $1,370 will be funded by TransNet allocated to STL0426. There is no additional impact to the TransNet Fund. ONGOING FISCAL IMPACT Following approval of the purchase, routine maintenance activities will be extended to the additional public right-of-way. ATTACHMENTS Attachment 1 – Easement Purchase Agreement (APN: 623-201-46) Staff Contact: Tim Jones, Associate Engineer, Department of Engineering and Capital Projects 2021-03-23 Agenda Packet Page 8 of 165 SECOND READING AND ADOPTION C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E40FA1E1\@BCL@E40FA1E1.doc ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNIC IPAL CODE SECTION 2.56 (PURCHASING SYSTEM) TO AUTHORIZE THE PUBLIC WORKS DIRECTOR OR CITY ENGINEER TO ACQUIRE INTERESTS IN REAL PROPERTY IN FURTHERANCE OF CAPITAL IMPROVEMENT PROJECTS WHEREAS, on November, 4, 2014, Chula Vista voters approved modifications to City Charter Sections 1009, 1010 and 1011 (Measure A) that delegated the authority to the City Council to make procurement rules for awarding City public works contracts and other types of City contracts; and WHEREAS, the Charter amendments enabled future purchasing limits/requirements to be established by ordinance, allowing for the City to keep up with “best practices”; and WHEREAS, the currently proposed amendments to the purchasing ordinance are consistent with the Charter amendment and would enhance the efficiency and flexibility of the City' s procurement practices while preserving appropriate checks and balances; and WHEREAS, in order to maintain transparency, staff will submit to the City Council a list of CIP projects and the associated public works contracts as part of the Finance Departments Quarterly Fiscal Report; and WHEREAS, staff recommends authorizing the Public Works Director or the City Engineer to acquire interests in real property in furtherance of capital improvement projects without the need to obtain City Council approval, subject to the limitations in the proposed amendments. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 2 of the Chula Vista Municipal Code is amended to add section 2.56.135 as follows: 2.56.135 – Acquisition of real property interests. A. CIP Projects. The Public Works Director, or City Engineer, shall have authority to acquire interests in real property that are necessary for the construction, repair, operation, or maintenance of City facilities without City Council approval, provided that: (a) a CIP project has been established for the construction, repair, operation, or maintenance of City facilities and funds have been appropriated to that CIP budget; (b) sufficient funds are available in the approved CIP budget to acquire the real property interest(s) and the use of such funds will not materially impact the City’s ability to fully implement the CIP project with the remaining funds; (c) the purchase price for the real property interests being acquired does not exceed $100,000 per parcel; and (d) the purchase price for the 2021-03-23 Agenda Packet Page 9 of 165 Ordinance Page 2 real property interests being acquired does not exceed one hundred twenty-five percent (125%) of the appraised value of the interests to be acquired. Notwithstanding the limitation in (d) above, the purchase price may exceed one hundred twenty-five percent (125%) of the appraised value of the real property interests to be acquired where subsections (a), (b), and (c) above have been satisfied and the purchase is approved by the City Manager. This section does not apply to acquisitions of real property interests by eminent domain. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordin ance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by _____________________________________ ____________________________________ William S. Valle Glen R. Googins City Engineer City Attorney 2021-03-23 Agenda Packet Page 10 of 165 CIP Project #: STL0426 1 EASEMENT PURCHASE AGREEMENT THIS EASEMENT PURCHASE AGREEMENT ("Agreement") is dated as of the ____ day of ___________________, 2021, by and between SDCF Holdings Corporation ("Seller" or “Owner”), and the City of Chula Vista, a municipal corporation ("Purchaser" or "City"). RECITALS WHEREAS, Seller is the owner of certain real property located at 276-294 Zenith Street in the City of Chula Vista, California, more specifically described in Exhibit “A” and shown on a plat designated as Exhibit “B”, which are attached to and incorporated into this Agreement this reference (the “Property”); and WHEREAS, City desires to acquire an easement over, under, across, within, and through the Property, as more particularly described in Exhibit “C” hereto attached and incorporated by reference, for the easement purposes described herein; and WHEREAS, Seller desires to sell and City desires to purchase the Easement (as defined below) upon the terms and conditions set forth in this Agreement; and NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE I GRANT OF EASEMENT 1.1 Grant of Easement. Seller agrees to sell and grant to Purchaser an easement over, under, across, within, and through a portion of the Property, as more particularly described in Exhibit C, for the Easement Purposes (“Easement”) on the terms and conditions set forth in this Agreement. 1.2. Deed. The Easement shall be conveyed by deed, free and clear of all liens, but subject to all encumbrances, easements, matters of survey and restrictions of record. The Deed of Easement, a draft of which is hereto incorporated by reference and attached as Exhibit B (the “Deed”), will be recorded Official Records of the San Diego County recorder. 2021-03-23 Agenda Packet Page 11 of 165 CIP Project #: STL0426 2 ARTICLE II DESCRIPTION OF EASEMENT 2.1. Easement Purposes. “Easement Purposes” collectively means use of the Property as is necessary, desirable or advisable for the following purposes: a. for Street and Public Utility purposes on, over, under, across, and through. 2.2. Character of Easement. The Easement is exclusive to City and includes the absolute right of City to use the Easement for the Easement Purposes, which use must not be disturbed, interrupted or impeded in any manner while this Agreement is in effect. 2.3. Term. The Easement will be an easement in perpetuity for the benefit of City, its successors, and assigns. ARTICLE III PURCHASE PRICE 3.1. Purchase Price. In consideration of the grant of the Easement, City will pay to Seller the sum of one thousand three hundred seventy dollars ($1,370.00). 3.2. Manner of Payment. Payment of the Purchase Price shall be delivered in the form of a City check, or by wire transfer of funds at Closing. ARTICLE IV CLOSING 4.1. Time and Place. The close of escrow for the Easement purchase ("Closing") shall be held at City of Chula Vista, Civic Center, Building B (276 Fourth Ave., Chula Vista, CA 91910) after all the conditions and obligations of the parties of this Agreement are met. 4.2. Conditions to Closing. City's obligations under this Agreement are subject to the satisfaction of the following conditions as of the date of Closing (or as of such earlier date specified): a. Title Matters. City shall have obtained a commitment (the "Title Commitment") for issuance of an ALTA Owner's Policy of Title Insurance (the "Title Policy"). In the event that the Title Commitment and/or any other physical survey obtained by City discloses defects of title or other matters unsatisfactory to City, City s hall notify Owner in writing (an "Objection Notice") on or before the sixtieth (60th) day after 2021-03-23 Agenda Packet Page 12 of 165 CIP Project #: STL0426 3 the date of complete execution of this Agreement, of such title defects or other matters to which City objects. Owner covenants that it shall cure all title objections which may be cured by execution of a document requiring the signature of no party other than Owner (including any affidavits which may reasonably be required by the title insurer). b. Representations and Warranties. Owner's representations and warranties, as set forth in Article IV shall be true and correct and unbreached in all material respects as of the date of Closing. 4.2 Closing Costs. City shall pay all required recordation fees to record the Deed. City and Owner shall pay all costs of title insurance, survey, due diligence reports, and similar inspections. Each party hereto shall pay its own attorney's fees. 4.3 Items to be Delivered by Owner. At Closing Owner shall deliver to City the Deed of Easement provided for in Article I hereof. 4.4 Right of Entry. City and City's authorized representatives may at any reasonable time and after giving reasonable notice to Owner, enter upon the Property for the purpose of making inspections, appraisals, surveys, including the cutting of Survey lines and putting up markers and driving stubs and stakes, site analysis, engineering studies, core sampling for engineering reports, and locating existing rights of way, easements, and utilities. City will exercise this right of entry in such a way so as to not cause unreasonable damage to the Property. City agrees, to the extent permitted by law, to indemnify, defend, and save harmless the Owner from all claims of liability for any personal injury or property damage or otherwise to any person or property caused b y any action or omission of City or its agents. Owner agrees to indemnify and save harmless the City from all claims of liability for any personal injury or property damage or otherwise to any person or property caused by action or omission of Owner or its agents. ARTICLE V OWNER'S REPRESENTATIONS AND WARRANTIES Owner hereby makes the following warranties, representations and covenants with respect to the Property 5.1 Leases and other Agreements. At the time of closing, there shall be no written or unwritten agreements recorded or unrecorded, affecting or relating to the use of the easement. 2021-03-23 Agenda Packet Page 13 of 165 CIP Project #: STL0426 4 5.2. Litigation. There is no claim, action, suit, investigation or proceeding, at law, in equity or otherwise, now pending or, to the best of Owner's knowledge, threatened against Owner, or with respect to the Property, to which City might become a party. Owner is not subject to the terms of any decree, judgment or other action of any court, administrative agency or arbitrator, which has or could result in a material adverse effect on the Property or Owner's obligations hereunder. 5.3. Governmental Requirements. Owner has not received any notice of violation of any federal, state, city, or other governmental order or requirement issued by any governmental body or by any action in any court, against or affecting the Property that has not been fully complied with in all respects to the satisfaction of the governmental authority having jurisdiction. 5.4. Assessments. There are no unpaid special assessments which affect the Easement. 5.5. No Conflict. Neither the execution nor the delivery of this Agreement or the documents contemplated hereby, nor the consummation of the conveyance of the easement to City, will conflict with or cause a breach of any of the terms and conditions of, or constitute a default under, any agreement, commitment, note, mortgage, lease, bond, license, permit or other instrument or obligation by which Owner is bound. 5.6. Owner's Authority. Owner has full power to enter into this Agreement and to perform its obligations hereunder. 2021-03-23 Agenda Packet Page 14 of 165 CIP Project #: STL0426 5 ARTICLE VI NOTICES All notices called for hereunder shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, if to: OWNER SDCF Holdings Corporation Signed:______________________________________ Date:___________ Name: _________________________________________________________ Title: _________________________________________________________ Address:________________________________________________________ CITY ______________________________________ Date:___________ William S. Valle, P.E., Director of Engineering & Capital Projects/City Engineer 276 Fourth Avenue, Chula Vista, CA 91910 or to such other address as the party to receive such notice may hereafter request by written notice to the other. ARTICLE VII MISCELLANEOUS 7.1 Time is of the Essence. Time is of the essence of each and every term, condition, and provision of this Agreement. 7.2 No Third Party Rights. Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the parties and their respective successors and assigns, any rights or remedies under this Agreement. 7.3 Further Assurances. Each of the parties, shall, at its own expense, execute, acknowledge and deliver any further documents and instruments reasonably requested by the other party and shall take any other action consistent with the terms of this Agreement that may reasonably be requested by the other party for the purpose of carrying out the terms of this Agreement. 7.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same 2021-03-23 Agenda Packet Page 15 of 165 CIP Project #: STL0426 6 instrument. Facsimile signatures are acceptable provided they are followed by hard copy originals within five days 7.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and bind Owner, Bank, Escrow Holder, and their respective successors and assigns. 7.6 Entire Agreement. This Agreement contains the entire understanding and agreement of the parties hereto relating to the rights herein granted and the obligations herein set forth. Any prior, contemporaneous, or subsequent written or oral representations and modifications concerning this Agreement shall be of no force or effect. 7.7 Amendments and Waivers. This Agreement may not be amended or altered except by an instrument in writing executed by the parties. No waiver of any breach of a provision of this Agreement shall be deemed a waiver of any other provision. No waiver shall be valid unless in writing and executed by the waiving party. 7.8 Severability. If any portion of this Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining parts of this Agreement shall remain in full force and effect, as fully as though such invalid, illegal or unenforceable portion had never been part of this Agreement. 7.9 Governing Law. This Agreement is executed and delivered in the State of California and shall be construed and enforced in accordance with, and governed by, the laws of the State of California. 7.10 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Owner shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. (End of page. Next page is signature page.) 2021-03-23 Agenda Packet Page 16 of 165 CIP Project #: STL0426 7 SIGNATURE PAGE EASEMENT PURCHASE AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. SDCF HOLDINGS CORPORATION CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ NOLAN ALEGRE MARIA V. KACHADOORIAN PRESIDENT CITY MANAGER APPROVED AS TO FORM BY:____________________________ Glen R. Googins City Attorney 2021-03-23 Agenda Packet Page 17 of 165 Exhibit A LEGAL DESCRIPTION 2021-03-23 Agenda Packet Page 18 of 165 Exhibit B PLAT 2021-03-23 Agenda Packet Page 19 of 165 Exhibit C GRANT OF EASEMENT DEED 2021-03-23 Agenda Packet Page 20 of 165 v . 0 01 P a g e | 1 March 23, 2021 File ID: 21-0050 TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND TAMAR COMMUNICATIONS TO PROVIDE TRANSLATION AND SPANISH-LANGUAGE COMMUNICATIONS AND MEDIA SERVICES RECOMMENDED ACTION Council adopt the resolution. SUMMARY Since the beginning of the COVID-19 pandemic, the City of Chula Vista has increased messaging to residents in both English and Spanish. Initially, bilingual staff provided the necessary Spanish-language translations. As the volume, and the need for additional communications and media services increased, staff determined a need for consultant/firm to support the City’s efforts. To continue the effort to reach our Spanish-speaking residents, in January 2021, the City issued a request for proposals from qualified professional consultant/agency firms for “Translation and Spanish-language Communications and Media Services.” The City received six proposals. TAMAR Communications was the highest scoring bidder of the proposals. Should the City Council adopt the resolution, TAMAR Communications will provide as-needed communications and media services and media pitching as well as Spanish-language translation services, communications support, writing services, community outreach and media buying. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION At the beginning of the COVID-19 pandemic, it became apparent that Chula Vista was in a unique situation where a larger percentage of our residents were testing positive with the COVID-19 virus when compared 2021-03-23 Agenda Packet Page 21 of 165 P a g e | 2 with other cities in the County of San Diego. To address this issue, the City began a COVID-19 informational media and marketing “Flatten the Curve” campaign in both English and Spanish. The campaign, developed in collaboration and supported by Seven Mile Casino, was launched in English and Spanish. Nearly 60 percent of Chula Vista residents identify as Hispanic or Latino and almost 60 percent of households also speak a language other than English at home. Data from the City website, shows that Spanish is the most requested language for translating City web content. In the fall of 2020, staff again saw positive COVID-19 cases rising at an alarming rate in Chula Vista. Once again, a bilingual campaign was initiated to better educate and engage with residents. In an effort to best communicate with our residents, staff have implemented a variety of marketing tools including: - Radio and TV ads on both English and Spanish media - Display banners on English/Spanish media websites - Social media promotion via posts and stories in English/Spanish - Media interviews in English/Spanish - Public Service Announcement in English and Spanish - English/Spanish informational flyers disseminated at food distributions and other community points of contact - English/Spanish informational postcards distributed by City staff during community points of contact - Working with local agencies to share timely information in English and Spanish - Working with local influencers and Chula Vista ambassadors to share timely information As the City continues to refine and find new ways to communicate overall messaging, including bilingual messaging, it became apparent staff would need additional assistance with Spanish-language translations, communications and media services. On January 27, 2021, the City of Chula Vista released a Request for Proposal (RFP) for “Translation and Spanish-language Communications and Media Services.” The City received six proposals. TAMAR Communications was the highest scoring bidder of the RFP. TAMAR Communications will provide as-needed communications services and media pitching as well as Spanish-language translation services, communications support, writing services, community outreach and media buying. The term of this agreement shall be from March 23, 2021 through June 30, 202 2 with the option to extend the Agreement for up to three additional one-year periods. Public, Educational, and Governmental (PEG) Funding Funding for this project will come from the PEG access fee provided to the City as a result of the franchise agreements with Cox Cable and AT&T. PEG funds can be used for capital purchases of facilities, equipment and services that promote the publication of government information. PEG funds traditionally have been spent on public access cable programming. However, funds also are used by local governments to provide citizens with access to “other electronic information” about the services they provide and issues they face, providing information to citizens of an educational nature, and providing public meeting coverage. Under the terms of federal and state oversight of cable television franchises, funding for public access to the cable 2021-03-23 Agenda Packet Page 22 of 165 P a g e | 3 network is available for specific purposes including installation of infrastructure supportive of Public, Education and Government access. This infrastructure can include translation of information regarding governmental services, public meeting broadcasts, public information, and opportunities for public involvement. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision- maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of the resolution will impact the FY 2020-2021 PEG budget by $9,000. No General Fund impacts are anticipated as a result of this resolution. ONGOING FISCAL IMPACT Ongoing fiscal impact on the PEG budget will be $36,000 per fiscal year. ATTACHMENTS 1. Two-party agreement – TAMAR Communications Staff Contact: Olga Berdial, Communications Coordinator 2021-03-23 Agenda Packet Page 23 of 165 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND TAMAR COMMUNICATIONS TO PROVIDE TRANSLATION AND SPANISH-LANGUAGE COMMUNICATIONS AND MEDIA SERVICES WHEREAS, nearly 60 percent of Chula Vista residents identify as Hispanic or Latino, and almost 60 percent of households also speak a language other than English at home; and WHEREAS, Spanish is the most requested language for translating chulavistaca.gov web content; and WHEREAS, since the beginning of the COVID-19 pandemic, the City of Chula Vista has increased messaging to residents in both English and Spanish; and WHEREAS, the City of Chula Vista is committed to providing bilingual communications and messaging to its residents; and WHEREAS, to provide overall communications in Spanish and English, there is a need for additional assistance with Spanish-language translations and media services; and WHEREAS, City selected Tamar Communications, a sole proprietorship, as the most responsive after soliciting and reviewing other proposals; and WHEREAS the Agreement has an initial term of March 23, 2021 to June 30, 2022 with a not-to-exceed amount of $45,000 and provides for up to three, one-year extensions by fiscal year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves an agreement between the City of Chula Vista and Tamar Communications to provide translation and Spanish-language communications and media services, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute same. Presented by Approved as to form by Maria V. Kachadoorian Glen R. Googins City Manager City Attorney 2021-03-23 Agenda Packet Page 24 of 165 1 City of Chula Vista Agreement No.: 2021-018 Consultant Name: TAMAR COMMUNICATIONS Rev. 9/15/20 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH TAMAR COMMUNICATIONS TO PROVIDE TRANSLATION AND SPANISH-LANGUAGE COMMUNICATIONS AND MEDIA SERVICES This Agreement is entered into effective as of March 23, 2021 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and TAMAR COMMUNICATIONS, Sole Proprietor) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, Nearly 60 percent of Chula Vista residents identify as Hispanic or Latino and almost 60 percent of households also speak a language other than English at home; and WHEREAS, Spanish is the most requested language for translating chulavistaca.gov web content; and WHEREAS, since the beginning of the COVID-19 pandemic, the City of Chula Vista has increased messaging to residents in both English and Spanish; and WHEREAS, the City of Chula Vista is committed to providing bilingual communications and messaging to its residents; and WHEREAS, to provide overall communications in Spanish and English, there is a need for additional assistance with Spanish-language translations and media services; and WHEREAS, In order to procure these services City solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.110 for “professional services”, received six proposals, and selected Consultant as the most qualified amongst those submitting; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 2021-03-23 Agenda Packet Page 25 of 165 2 City of Chula Vista Agreement No.: 2021-018 Consultant Name: TAMAR COMMUNICATIONS Rev. 9/15/20 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additi onal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required 2021-03-23 Agenda Packet Page 26 of 165 3 City of Chula Vista Agreement No.: 2021-018 Consultant Name: TAMAR COMMUNICATIONS Rev. 9/15/20 Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute 2021-03-23 Agenda Packet Page 27 of 165 4 City of Chula Vista Agreement No.: 2021-018 Consultant Name: TAMAR COMMUNICATIONS Rev. 9/15/20 a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 2021-03-23 Agenda Packet Page 28 of 165 5 City of Chula Vista Agreement No.: 2021-018 Consultant Name: TAMAR COMMUNICATIONS Rev. 9/15/20 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the acti ve or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 2021-03-23 Agenda Packet Page 29 of 165 6 City of Chula Vista Agreement No.: 2021-018 Consultant Name: TAMAR COMMUNICATIONS Rev. 9/15/20 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered wheth er or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 2021-03-23 Agenda Packet Page 30 of 165 7 City of Chula Vista Agreement No.: 2021-018 Consultant Name: TAMAR COMMUNICATIONS Rev. 9/15/20 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and al l other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 2021-03-23 Agenda Packet Page 31 of 165 8 City of Chula Vista Agreement No.: 2021-018 Consultant Name: TAMAR COMMUNICATIONS Rev. 9/15/20 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectivel y “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carr y out the provisions of this Agreement and the intentions of the Parties. 2021-03-23 Agenda Packet Page 32 of 165 9 City of Chula Vista Agreement No.: 2021-018 Consultant Name: TAMAR COMMUNICATIONS Rev. 9/15/20 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) 2021-03-23 Agenda Packet Page 33 of 165 10 City of Chula Vista Agreement No.: 2021-018 Consultant Name: TAMAR COMMUNICATIONS Rev. 9/15/20 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. TAMAR COMMUNICATIONS CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ TATIANA MARTINEZ MARIA V. KACHADOORIAN PRESIDENT, TAMAR COMMUNICATIONS CITY MANAGER APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney 2021-03-23 Agenda Packet Page 34 of 165 11 City of Chula Vista Agreement No.: 2021-018 Consultant Name: TAMAR COMMUNICATIONS Rev. 9/15/20 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Olga Berdial 276 Fourth Avenue (619) 409-5445 oberdial@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: TAMAR COMMUNICATIONS 9923 Via de la Amistad, Suite 106, San Diego, CA 92154 (619) 884-0526 tatiana.martinez@tamar.uno For Legal Notice Copy to: Tatiana Martinez 9923 Via de Amistad, Suite 106, San Diego, CA 92154 (619) 884-0526 Tatiana.martinez@tamar.uno 2. Required Services A. General Description: TAMAR Communications will provide as-needed communications services and media pitching as well as Spanish-language translation services, communications support, writing services, community outreach and media buying. B. Detailed Description: Working closely with the Office of Communications on implementing activities that complement and support communications and outreach activities including, but not limited to: - Media relations - Media pitches - Translation of materials - Communications support (planning, strategy, implementation) - Writing services such as press releases, brochures, social media, web content, etc. - Expand Spanish-language media connections for staff 2021-03-23 Agenda Packet Page 35 of 165 12 City of Chula Vista Agreement No.: 2021-018 Consultant Name: TAMAR COMMUNICATIONS Rev. 9/15/20 Additional services requested by the Office of Communications on an as-needed basis, may include: - Media buying and reporting of ad buy results, including metrics - Multicultural community outreach - Outreach to community and business groups 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin March 23, 2021 and end on June 30, 2022 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Fixed Fee Paid in Increments. For the completion of each Deliverable of the Required Services, as identified in section 2.B., above, City shall pay the fixed fee associated with each Deliverable, in the amounts set forth below: Task No. Deliverable Amount April 2021 Media Services and Spanish- language translations $3,000 May 2021 Media Services and Spanish- language translations $3,000 June 2021 Media Services and Spanish- language translations $3,000 July 2021 Media Services and Spanish- language translations $3,000 August 2021 Media Services and Spanish- language translations $3,000 September 2021 Media Services and Spanish- language translations $3,000 October 2021 Media Services and Spanish- language translations $3,000 November 2021 Media Services and Spanish- language translations $3,000 December 2021 Media Services and Spanish- language translations $3,000 January 2022 Media Services and Spanish- language translations $3,000 February 2022 Media Services and Spanish- language translations $3,000 March 2022 Media Services and Spanish- language translations $3,000 April 2022 Media Services and Spanish- language translations $3,000 May 2022 Media Services and Spanish- language translations $3,000 June 2022 Media Services and Spanish- language translations $3,000 2021-03-23 Agenda Packet Page 36 of 165 13 City of Chula Vista Agreement No.: 2021-018 Consultant Name: TAMAR COMMUNICATIONS Rev. 9/15/20 B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through June 30, 2022 shall not exceed $45,000. 5. Special Provisions: ☐ Permitted Sub-Consultants: None ☐ Security for Performance: None ☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for 3 additional terms, defined as a one-year increment or July 1 to June 30. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to 5 percent for each extension. The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. 2021-03-23 Agenda Packet Page 37 of 165 14 City of Chula Vista Agreement No.: 2021-018 Consultant Name: TAMAR COMMUNICATIONS Rev. 9/15/20 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: None 2021-03-23 Agenda Packet Page 38 of 165 15 City of Chula Vista Agreement No.: 2021-018 Consultant Name: TAMAR COMMUNICATIONS Rev. 9/15/20 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a S tatement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☐ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☒ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☒ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Olga Berdial 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). 2021-03-23 Agenda Packet Page 39 of 165 v . 0 01 P a g e | 1 April 13, 2021 File ID: 21-0063 TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT FOR THE FORMATION OF THE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT BETWEEN THE CITY AND BEST BEST & KRIEGER, LLP RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City of Chula Vista and Best Best & Krieger, LLP (BBK) entered into an agreement in November 2018, wherein BBK shall represent the City in the matter of the formation of the Bayfront Project Special Tax Financing District. On March 10, 2020, the first amendment increased the agreement’s not to exceed compensation amount from $50,000 to $75,000. A second amendment to increase the agreement’s not to exceed compensation amount from $75,000 to $81,000 is recommended. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION In furtherance of the development of the Chula Vista Bayfront Master Plan (CVBMP), the City undertook the formation of the Bayfront Project Special Tax Financing District (the "“District”). The City entered into an agreement with BBK for legal services in the matter of the formation of the District (Attachment 1). The agreement included a not-to-exceed compensation amount of $50,000. In addition, the first amendment increased the agreement’s not to exceed compensation amount from $50,000 to $75,000, which has now been exhausted. In order to complete the formation proceedings and advise the City during the initial CVBMP financing, BBK has requested a contract amendment, increasing the not-to-exceed compensation amount to 2021-03-23 Agenda Packet Page 40 of 165 P a g e | 2 $81,000. The Second Amendment to the legal services agreement with BBK for the formation of the District reflecting this increased compensation amount has been prepared and is recommended for approval (Attachment 2). DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approving the Second Amendment to the agreement with BBK increases the not-to-exceed compensation from $75,000 to $81,000. No additional fund appropriation is requested. ONGOING FISCAL IMPACT The cost to administer the District, if established, and the issuance of bonds by the District shall be paid from the proceeds of special taxes to be levied within the District or the proceeds of bonds issued by the District. There is, therefore, no ongoing fiscal impact to the City’s General Fund or Development Services Fund as a result of this action. ATTACHMENTS 1. Best Best & Krieger LLP Services Agreement 2. First Amendment 3. Second Amendment Staff Contact: Tiffany Allen, Development Services Department 2021-03-23 Agenda Packet Page 41 of 165 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT FOR THE FORMATION OF THE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT BETWEEN THE CITY AND BEST BEST & KRIEGER, LLP WHEREAS, the City previously entered into a legal services agreement with Best Best & Krieger, LLP (BBK), to provide legal services on behalf of the City in the matter of the formation of the Bayfront Project Special Tax Financing District (the “Legal Services Agreement”); and WHEREAS, Section 3.1 of the Legal Services Agreement provides that BBK’s compensation shall not exceed $50,000; and WHEREAS, the First Amendment to the Legal Services Agreement increased the not-to- exceed compensation from $50,000 to $75,000; and WHEREAS, the services provided by BBK include continued assistance in the formation of the Bayfront Project Special Tax Financing District, resulting in additional service and costs; and WHEREAS, staff, therefore, recommends approving the Second Amendment to the Legal Services Agreement, as set forth in Exhibit 1, increasing the not-to-exceed compensation from $75,000 to $81,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Second Amendment to the Legal Services Agreement for the formation of the Bayfront Project Special Tax Financing District, between the City and Best Best & Krieger, LLP, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk and authorizes and directs the Mayor to execute the same. Presented by: Approved as to form by: Tiffany Allen Glen R. Googins Director of Development Services City Attorney 2021-03-23 Agenda Packet Page 42 of 165 2021-03-23 Agenda Packet Page 43 of 165 2021-03-23 Agenda Packet Page 44 of 165 2021-03-23 Agenda Packet Page 45 of 165 2021-03-23 Agenda Packet Page 46 of 165 2021-03-23 Agenda Packet Page 47 of 165 2021-03-23 Agenda Packet Page 48 of 165 2021-03-23 Agenda Packet Page 49 of 165 2021-03-23 Agenda Packet Page 50 of 165 FIRST AMENDMENT TO THE LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP This First Amendment to the Legal Services Agreement (“First Amendment”) is entered into this effective date of December 16, 2019, by and between the City of Chula Vista (“City”) and Best Best & Krieger LLP (“Attorney”). RECITAL WHEREAS, City and Attorney previously entered into the Legal Services Agreement (“Original Agreement”) on November 20, 2018; and WHEREAS, City and Attorney desire to amend the Original Agreement to increase the total amount of service and costs to be paid under the agreement from $50,000 to $75,000. NOW, THEREFORE, in consideration of the above recitals and mutual obligations of the parties set forth herein, City and Attorney agree as follows: 1. Subsection 3.1 of the Original Agreement is amended to replace “$50,000” with “$75,000.” 2. Except as expressly provided herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 3. Each party represents that it has full right, power and authority to execute this First Amendment and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this First Amendment on behalf of each party are duly authorized agents with authority to do so. IN WITNESS WHEREOF, these parties have executed this First Amendment on the day and year shown hereinabove. CITY OF CHULA VISTA By: ________________________________________________________ Glen R. Googins, City Attorney ATTORNEY By: ________________________________________________________ Warren Diven, Partner 2021-03-23 Agenda Packet Page 51 of 165 SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP This Second Amendment to the Legal Services Agreement (Second Amendment) is entered into this date of ____________ _____, _______ (the “Effective Date”), by and between the City of Chula Vista (City) and Best Best & Krieger LLP (Attorney). RECITALS WHEREAS, City and Attorney previously entered into a Legal Services Agreement (the “Original Agreement”) on November 20, 2018 regarding matters relating to the Bayfront Project Special Tax Financing District; and WHEREAS, the services provided by Attorney are to include continued assistance regarding the Bayfront Project Special Tax Financing District, resulting in additional service and costs; and WHEREAS, City and Attorney previously amended the Original Agreement (the “First Amendment”) on or about January 14, 2020 to increase the total amount of service and costs to be paid under the agreement from $50,000 to $75,000; and WHEREAS, City and Attorney desire to now amend the Original Agreement to increase the total amount of service and costs to be paid under the agreement from $75,000 to $81,000. NOW, THEREFORE, in consideration of the above Recitals and mutual obligations of the parties set forth herein, City and Attorney agree as follows: 1. Subsection 3.1 of the Original Agreement is amended to replace “$75,000” with “$81,000.” 2. Except as expressly provided herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Amendment on the day and year shown hereinabove. CITY OF CHULA VISTA By: ________________________________________________________ Glen R. Googins, City Attorney ATTORNEY By: ________________________________________________________ Warren Diven, Partner C:\Users\michaelsh\OneDrive\Covid-19 Work From Home\CVB-SpecialTaxDistrict\Agreements\LSA\LSA-BBK-SecondAmend-3.8.21-Final.docx 2021-03-23 Agenda Packet Page 52 of 165 v . 0 01 P a g e | 1 March 23, 2021 File ID: 21-0080 TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15 - FIRE FEES OF THE CITY’S MASTER FEE SCHEDULE TO INCLUDE ANCILLARY AMBULANCE FEES RECOMMENDED ACTION Council adopt the resolution. SUMMARY An amendment of the City’s Master Fee Schedule to establish Ancillary Ambulance Fees for the Emergency Medical Transport program within the Fire Department. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not Applicable. DISCUSSION On January 28, 2020 Fire Department staff along with AP Triton consultants presented to Council an overview of the plan for fire department-based ambulance transport. At that time, City Council approved Chula Vista Council resolution 2020-014 directing the City Manager to engage in all necessary administrative actions to implement fire department-based emergency medical transport services, to begin negotiations for contractual service with the City of Imperial Beach and the Bonita Sunnyside Fire Protection District, and to bring back for City Council consideration and approval any required Council level implementation actions. The City has the authority to provide emergency medical transport services itself under applicable state and local law including California Health & Safety Code Sections 1797.201 and 1797.224, the City Charter [Section 200], and Chula Vista Municipal Code Section 5.10.310. 2021-03-23 Agenda Packet Page 53 of 165 P a g e | 2 On May 12th City Council approved Chula Vista Council Resolution 2020-102 directing the Fire Department to provide exclusive Emergency Medical Ambulance Transport Services within the City of Chula Vista, the City of Imperial Beach and the Bonita Sunnyside Fire Protection district. In the resolution were revenue projections that included both a base rate and ancillary fees multiplied by the volume of transports to reach projected FY22 revenues. The resolution adopted a rate of $2,800 as the “Base Cost of Service”. Service Area Transports Payer Base Miles O2 Night Total Transports Net Revenue Commercial $2,800.00 $292.15 $104.70 $76.60 $3,273.45 3,267 $9,090,206.98 Medicare $2,800.00 $292.15 $104.70 $76.60 $3,273.45 7,051 $3,692,975.35 MediCal $2,800.00 $292.15 $104.70 $76.60 $3,273.45 4,729 $774,007.25 Private $2,800.00 $292.15 $104.70 $76.60 $3,273.45 2,149 $351,732.20 17,196 $13,908,921.78 Supplemental IGT $2,383,405 TOTAL $16,292,326.78 In addition to the adopted base rate the Fire Department must also update the Master Fee Schedule to include Ancillary Ambulance Fees. After careful consideration and review of County and State survey averages, the Fire Department has determined to adopt the ancillary fees previously presented in the May 12th referenced council resolution, displayed above. Ancillary fees and previously adopted base rate are displayed above and include no changes to projected FY22 revenues. The below table represents the County and State survey rates that were utilized in the determination for the proposed adopted rates. Rate Source Mileage Rate Per Transport Mile Oxygen Night Current-AMR $43.33 $156.54 $155.09 *County Ambulance Rate Survey $38.88 $123.49 $75.23 Proposed Rate $41.73 $104.70 $76.60 *2019 San Diego County Ambulance Rate Survey The Fire Department, in conjunction with Finance and City Management will re-evaluate both the base and ancillary fee’s in approximately 12-18 months after collection data has been obtained and analyzed. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). 2021-03-23 Agenda Packet Page 54 of 165 P a g e | 3 Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter CURRENT-YEAR FISCAL IMPACT There are no General Fund costs associated with this action. Staff will return to council for approval of any future associated costs as necessary. ONGOING FISCAL IMPACT Net revenue collected as part of the transport bill including these ancillary fees will have no negative fiscal impact to the City. There are no projected negative impacts to the general fund. With the estimates of current net revenue, all operational costs would be paid for from transport revenues. With the addition of supplemental federal reimbursement under the IGT program there is the potential to offset other current and eligible EMS related expenditures. ATTACHMENTS Attachment #1: Proposed Master Fee Schedule, Fire Chapter 15 – Fire Fees, 15-300 Ancillary Ambulance fees Staff Contact: Emily Folker, Senior Management Analyst 2021-03-23 Agenda Packet Page 55 of 165 MASTER FEE SCHEDULE FEE BULLETIN Chapter 15 – Fire Fees 15-300 Emergency Medical Transport Fees City of Chula Vista Fire Department 276 Fourth Avenue, Chula Vista, CA 91910 March 2021 City of Chula Vista www.chulavistaca.gov 619.691.5029 EMS TRANSPORT FEES Ancillary Ambulance Fees1 Mileage2…………………………………….….………….$41.73 Oxygen…………………………………………………….$104.70 Night Charge…………………………………….……….$76.60 1 Fees are additive to the base rate 2 Rate is applied per mile 2021-03-23 Agenda Packet Page 56 of 165 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CHAPTER 15 – FIRE FEES OF THE CITY’S MASTER FEE SCHEDULE TO INCLUDE ANCILLARY AMBULANCE FEES WHEREAS, on May 12th, 2020 City Council approved Chula Vista Council Resolution 2020-102 directing the Fire Department to provide exclusive Emergency Medical Ambulance Transport Services within the City of Chula Vista, the City of Imperial Beach and the Bonita Sunnyside Fire Protection district; WHEREAS, Resolution 2020-102 included a provision for the City’s adoption of a “Base Cost of Service” fee of $2,800 to cover a major portion of the costs of such services; WHEREAS, in order to recover addition costs for services provided that are not covered by the Base Cost of Service fee, the Fire Department must also update the Master Fee Schedule to include “Ancillary Ambulance Fees;” WHEREAS, after careful consideration and review of County and State survey averages, the Fire Department has proposed Ancillary Ambulance Fees at the rates set forth on Attachment 1 to this Resolution; and WHEREAS, pursuant to Chapter 3.45 of the Chula Vista Municipal Code, the Master Fee Schedule may be amended by Resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula Vista does hereby amend Chapter 15 (Fire Fees) of the City’s Master Fee schedule to set the amounts of the various Ancillary Ambulance Fees to be charged in connection with the City’s provision of Emergency Transport Services within the City of Chula Vista, the City of Imperial Beach and the Bonita Sunnyside Fire Protection district, all as more particularly set forth on Attachment 1 of this Resolution. BE IT FURTHER RESOLVED, that the amendment of the Master Fee Schedule to include the Ancillary Ambulance Fees shall go into effect as of the date this Resolution is adopted. Presented by Approved as to form by Harry Muns Glen R. Googins Fire Chief City Attorney 2021-03-23 Agenda Packet Page 57 of 165 2021-03-23 Agenda Packet Page 58 of 165 v . 0 01 P a g e | 1 March 23, 2021 File ID: 21-0081 TITLE UPDATE OF THE CITY OF CHULA VISTA’S ENROLLMENT OF ITS MUNICIPAL ACCOUNTS WITH SAN DIEGO COMMUNITY POWER 100% RENEWABLE ENERGY OPTION RECOMMENDED ACTION Council receive the update. SUMMARY In 2014, Chula Vista City Council approved the City Operations Sustainability Plan (Plan) and, since then, a multi-departmental “Green Team” has been working to implement it. The Plan sets numeric goals and identifies implementation strategies in seven focus areas helping to lower city operation costs, creating a healthier workplace and contributing to cleaner air, water and land in the community. On March 1, 2021, San Diego Community Power (SDCP) became the official electricity service provider for the cities of Chula Vista, Encinitas, La Mesa, Imperial Beach and San Diego. City staff is bringing an item forward to enroll in SDCP’s 100% renewable electricity service program for all municipal accounts. This is expected to significantly reduce municipal GHG emissions while not significantly increasing electricity bills. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the Californi a Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not Applicable DISCUSSION Sustainability is increasingly becoming a focal point for corporations and organizations wishing to create long-term customer and employee value by taking into consideration how their enterprise operates in terms of social, economic and environmental performance. For municipal operations, sustainability can be defined as the City’s ability to provide high quality infrastructure, services and programs in a manner which balances 2021-03-23 Agenda Packet Page 59 of 165 P a g e | 2 the needs of current and future generations. Through the release of fossil fuel and other greenhouse gases (GHG) the City’s operation has a direct contribution to climate change. Although relatively minor in the global scale of GHG emissions the City is working to reduce those emissions as much as possible. The City Operations Sustainability Plan sets numeric goals in seven focus areas - Energy Use, Water Use, Green Purchasing, Recycling & Waste Reduction, Pollution Prevention, Transportation and Green Buildings & Infrastructure. To help achieve the goals for the Energy Use focus area, the City has conducted efforts to reduce energy use through energy efficiency upgrades such as installing high efficiency HVAC systems, LED lights and multiple arrays of solar energy on City facilities. With the launch of SDCP, we are excited that the City can further reduce its carbon footprint by receiving 100% renewable, 100% carbon-free power from SDCP. SDCP will be launching service in the three phases, listed below. The City has approximately 750 municipal electricity accounts that will be included in all three phases, see below. Specific accounts were selected by SDCP to align with the needs of SDG&E’s internal billing services update process.  Phase 1 – Public Sector – March 2021 – 64 City accounts  Phase 2 – Commercial – June 2021 – Approximately 600 accounts  Phase 3 – Residential and Solar – 2022 – All remaining accounts SDCP offers two product options. A default electricity rate (PowerOn) that includes 50% renewable energy plus 5% additional GHG free electricity and a premium rate (Power100) that includes 100% renewable energy. The default power content from SDG&E’s is 39% which is down from 2018’s 43%. Under new Power Content Label calculations, that do not include unbundled Renewable Energy Credits, it is further reduced to 31%. Unbundled Renewable Energy Credits are provided to a utility that wants to claim the environmental benefits of electricity without using the electricity, such as with an out of state solar or wind energy facility that does not deliver electricity to the utility. These have been included in previous Power Content Labels, but the state is looking to move away from their use. SDCP does not utilize unbundled Renewable Energy Credits. The City is planning on enrolling all accounts controlled by the City into the SDCP 100% renewable energy option. This is expected to increase City utility bills slightly by approximately 0.1%. This increase is very small compared to the City’s total electricity bill of nearly $3,000,000 for calendar year 2020. Additionally, that cost increase will be offset by energy savings expected after the completion of the City’s most recent phase of solar installations, which is expected to save more than $600,000 in the first year of operation. Opting up to the 100% renewable electricity product from SDCP will help reduce the City’s municipal GHG emissions by an estimated 3,000 metric tons of C02 equivalent or 30% of total emissions. In addition, this may help reduce GHG emissions from the municipal fleet as the City pivots to utilizing more electric vehicles. The fleet is currently at 26% hybrid or renewable fuel vehicles, but the electric vehicles are charged through SDG&E’s Power Your Drive Program. Combined with the City’s previous and planned energy efficiency, fleet electrification and local renewable energy generation efforts 100% renewable energy from SDCP will be a significant step forward in making city operations more sustainable. 2021-03-23 Agenda Packet Page 60 of 165 P a g e | 3 DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, Section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). CURRENT-YEAR FISCAL IMPACT There is no fiscal impact to the current year General Fund budget. ONGOING FISCAL IMPACT Once all municipal accounts are transferred to SDCP and upgraded to the 100% renewable energy product staff expect annual electricity bills to increase approximately $3,000. This cost will be offset by future savings generated once the various energy efficient upgrades are completed. ATTACHMENTS None Staff Contact: Coleen Wisniewski 2021-03-23 Agenda Packet Page 61 of 165 v . 0 01 P a g e | 1 March 23, 2021 File ID: 21-0060 TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) BOARD OF DIRECTORS TO RENAME THE SAN DIEGO BAYSHORE BIKEWAY TO THE GREG COX SAN DIEGO BAYSHORE BIKEWAY RECOMMENDED ACTION Council adopt the resolution. SUMMARY County Supervisor Greg Cox (Retired) served as Chairman for the SANDAG Bayshore Bikeway Working Group for many years and continued to pursue completion of a dedicated Class I Bike Path around San Diego Bay. He served honorably for 21 years as County Supervisor for District 1 from January 1995 through January 4, 2021 and served honorably, first as a Councilmember for the City of Chula Vista representing Council Seat 2 from 1976 through 1981 and as Mayor from 1981 through December 1990. Under his leadership in the region, he has promoted and been a strong influence on completing many Bayshore Bikeway segments, other bicycle parks and recreational facilities in the Otay River Valley and elsewhere in San Diego County. Due to his significant influence on supporting outdoor recreation through public service within the County, the City Council supports regional efforts to rename the San Diego Bayshore Bikeway to the Greg Cox San Diego Bayshore Bikeway. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION The San Diego Bayshore Bikeway is a designated 24-mile Class I Bike Path facility enjoyed by hundreds, such as bicyclists, joggers, walkers and other non-motorized users who enjoy the facility and scenic vistas of the 2021-03-23 Agenda Packet Page 62 of 165 P a g e | 2 San Diego Bay, the Pacific Ocean, the San Miguel Mountains and diverse communities around San Diego Bay. The bike path has been planned since 1975 and a final study for the facility was completed in 1976. Many key bike segments around San Diego Bay through the Coronado Silver Strand and into Imperial Beach, the Chula Vista Bayfront, the National City Waterfront and City of San Diego Harbor Drive are complete. Per the SANDAG Fact Sheet (Attachment 1) “The first leg of the bikeway was built in 1976 when National City received $50,000 from SANDAG to widen the Chollas Creek Bridge on Harbor Drive. The following year, the Bay Route Bikeway Steering Committee was formed by the County of San Diego and the cities of Coronado, Imperial Beach, Chula Vista, National City, and San Diego. As a result of their efforts, the state Legislature passed Senate Bill 283, which provided about $1 million for bikeway construction. By 1983, nearly $1.5 million had been spent to build the bikeway on unused railroad right-of-way along the Silver Strand in Coronado and on Harbor Drive in the City of San Diego.” Today, planning and design work have progressed through the Barrio Logan area and the City of San Diego portion along the Western Salt Works area south of Palomar Street to Main Street. Within Chula Vista, the Bayfront recently opened one portion of the facility in late December 2020 from the westerly leg of the intersection of E Street/Bay Blvd. then southwesterly within the Chula Vista Bayfront area towards its terminus on G Street near Bayside Park. Where bike paths are not yet completed, bike lanes provide for a designated route for users. In addition, an agreement between the City of Chula Vista and San Diego Metropolitan Transit District for use of the Coronado Branch Line Railroad corridor that parallels to the west of Bay Blvd. has recently been executed which facilitates completion of the Chula Vista bike path gap from E Street to H Street. Chula Vista also submitted an Active Transportation Grant last year to fund the design and construction phases of this highly regionally ranked gap segment. In 1989, SANDAG established the Bayshore Bikeway Policy Advisory Committee, now known as the Bayshore Bikeway Working Group, which consists of an elected official from the County, the cities of Coronado, Chula Vista, Imperial Beach, National City and San Diego as well as Advisory Members from the San Diego Metropolitan Transit System and the San Diego Unified Port District, and representative of the region’s bicycling community (See Attachment 2). Throughout the history of the bikeway, cooperation among jurisdictions along the route, including the San Diego Association of Governments (SANDAG), San Diego Unified Port District, the U.S Fish & Wildlife Service and the U.S. Navy has been critical to obtaining funding, permitting and getting bike path segments implemented. Through the efforts of Supervisor Cox (retired) while he was chair of the SANDAG Bayshore Bikeway Working Group from 1990 to December 2020, he was always advocating for the remaining unfinished Class I bike path segments around San Diego Bay. On June 11, 2009, he attended the Chula Vista Safety Commission to advocate for the Bayshore Bikeway segment from H Street to Palomar Street. Among other segments in the region, he tirelessly encouraged completion of the Bayshore Bikeway with the other cities and helped negotiate a very difficult segment along the U.S. Navy Base frontage along Harbor Drive. Under Mr. Cox’s regional leadership, he has promoted and been a strong influence on completing many other bicycle parks and recreational facilities in the Sweetwater Valley, Otay Valley Regional Park and elsewhere in San Diego County. Based on his decades of dedication and support for outdoor recreation and contributions to implementing many recreational facilities locally in the South Bay and regionally throughout 2021-03-23 Agenda Packet Page 63 of 165 P a g e | 3 San Diego County, support from the local agencies around San Diego Bay for renaming of the San Diego Bayshore Bikeway to the Greg Cox San Diego Bayshore Bikeway should be made to the SANDAG Board of Directors to recognize his four decades of public service contributions to the region and this facility. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current year fiscal impact. ONGOING FISCAL IMPACT There is no on-going fiscal impact. Bayshore Bikeway Identification Signage will be replaced through typical maintenance cycles by SANDAG. Typical bike path signage is replaced every five years or so as maintenance is required through bicycle maintenance funds (STM-0369). ATTACHMENTS 1. SANDAG Bayshore Bikeway Fact Sheet 2. SANDAG Bayshore Bikeway Working Group Membership List Staff Contact: Francisco X. Rivera P.E., T.E. Principal Civil Engineer 2021-03-23 Agenda Packet Page 64 of 165 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) BOARD OF DIRECTORS TO RENAME THE SAN DIEGO BAYSHORE BIKEWAY TO THE GREG COX SAN DIEGO BAYSHORE BIKEWAY WHEREAS, the Bayshore Bikeway is a designated 24-mile bikeway around San Diego Bay within the jurisdictions of Chula Vista, City of Coronado, City of Imperial Beach, City of National City & City of San Diego used by hundreds of cyclists and pedestrians daily; and WHEREAS, planning for the bikeway began in 1975 with a final study completed in 1976; and WHEREAS, most of the key bike segments have been constructed since the original Bayshore Bikeway feasibility study was prepared; and WHEREAS, as of the end of 2020 more than 17.5-miles have been completed and the remainder is currently in the planning and engineering phases; and WHEREAS, throughout the history of the bikeway, cooperation among jurisdictions, public agencies and local businesses along the route, including but not limited to, the San Diego Association of Governments (SANDAG), San Diego Unified Port District, San Diego Metropolitan Transit District, the U.S Fish & Wildlife Service and the U.S. Navy has been critical to obtaining funding, permitting and getting bike path segments implemented; and WHEREAS, in 1989, SANDAG established the Bayshore Bikeway Policy Advisory Committee, now known as the Bayshore Bikeway Working Group, which consists of an elected official from the County, the cities of Coronado, Chula Vista, Imperial Beach, National City and San Diego as well as Advisory Members from the San Diego Metropolitan Transit System and the San Diego Unified Port District, and a representative of the region’s bicycling community; and WHEREAS, County Supervisor Greg Cox (Retired) served as Chairman for the Bayshore Bikeway Working Group from 1990 to December 2020 and through his efforts as Chairman has been a driving force behind the Bayshore Bikeway and continued to pursue completion of a dedicated Class I Bike Path around San Diego Bay; and WHEREAS, County Supervisor Greg Cox (Retired) served honorably for 21 years as County Supervisor for District 1 from January 1995 through January 4, 2021; and 2021-03-23 Agenda Packet Page 65 of 165 Resolution No. __________ Page 2 WHEREAS, County Supervisor Greg Cox (Retired) also served honorably, as a Councilmember for the City of Chula Vista representing Council Seat 2 from 1976 through 1981 and as Mayor of Chula Vista from 1981 through December 1990; and WHEREAS, under his leadership in the region, he has promoted and been a strong advocate for outdoor activities and facilities for the South Bay such as redevelopment of the Chula Vista Bayfront and the Living Coast Discovery Center, the Olympic Training Center (now Chula Vista Elite Athlete Training Center), numerous trails and bike skills park within the Sweetwater River Valley and the Otay Valley Regional Park (OVRP) and has been a strong influence on leading the effort to fund, plan and implement through the construction phase many other recreational facilities in the South Bay and elsewhere in the County of San Diego; and WHEREAS, the City Council desires to recognize the lifetime contributions of Greg Cox (Retired) to the City of Chula Vista and San Diego County by supporting other local agencies efforts and the SANDAG Board of Directors to rename the “San Diego Bayshore Bikeway” to the “Greg Cox San Diego Bayshore Bikeway.” NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby supports the SANDAG Board of Directors to rename the “San Diego Bayshore Bikeway” to the “Greg Cox San Diego Bayshore Bikeway.” BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it hereby authorizes and directs staff to undertake additional actions and seek additional approvals as may be necessary for such naming. Presented by: Approved as to form by: William S. Valle Glen R. Googins Director of Engineering & Capital Projects City Attorney 2021-03-23 Agenda Packet Page 66 of 165 BAYSHORE BIKEWAY FACT SHEET Transportation Overview The Bayshore Bikeway is envisioned as a separated bike path that will extend 24 miles around San Diego Bay. Planning for the bikeway began in the 1970s. In 2006, SANDAG updated the Bayshore Bikeway Plan and identified an alignment that uses railroad, utility, and other public rights-of-way. About 17.5 miles of the bikeway have been built to date. Construction of the bikeway is paid for by federal, state, and local funds, including the regional TransNet half-cent sales tax for transportation, administered by SANDAG. The Bayshore Bikeway is a regional asset that also is part of the California Coastal Trail, an initiative of the State Coastal Conservancy to create a 1,200-mile network of public trails from Oregon to Mexico. The bikeway takes riders through some of the most scenic areas in San Diego County, as well as to employment centers around San Diego Bay. Future Construction A total of $3,023,000 from federal and state agencies, TransNet sales tax, and the County of San Diego is programmed to plan, design, and construct an extension of the bike path that currently ends at Palomar Street in Chula Vista; construction of this segment is anticipated to begin in January 2021. The remaining gap that continues to Main Street will be completed pending the outcome of a proposed private development in the area. The rest of the planned bikeway in Chula Vista will be finished in conjunction with future redevelopment of the city’s bayfront. As a condition of the redevelopment, the Bayshore Bikeway will be extended from J Street to the Chula Vista Marina and north to the existing bike path at E Street. The planned Barrio Logan segment of the bikeway extends from 32nd Street north to Park Boulevard. When finished, it will complete a major portion of the loop along the east side of San Diego Bay. This project is funded with a combination of funds from TransNet and the state Active Transportation Program. Final design is underway and construction is scheduled to be completed in December 2021. Bikeway Milestones The first leg of the bikeway was built in 1976 when National City received $50,000 from SANDAG to widen the Chollas Creek Bridge on Harbor Drive. The following year, the Bay Route Bikeway Steering Committee was formed by the County of San Diego and the cities of Coronado, Imperial Beach, Chula Vista, National City, and San Diego. As a result of their efforts, the state Legislature passed Senate Bill 283, which provided about $1 million for bikeway construction. By 1983, nearly $1.5 million had been spent to build the bikeway on unused railroad right-of-way along the Silver Strand in Coronado and on Harbor Drive in the City of San Diego. Development of the bikeway gained further momentum when the Bayshore Bikeway Working Group was formed in 1989. The group consists of an elected official from the County of San Diego and each of the five cities around the bay, as well as representatives from the San Diego Unified Port District and the biking community. (Continued on reverse)SANDAGregion 401 B Street, Suite 800 San Diego, CA 92101 (619 ) 699 -1900 Fax (619) 699 -1905 sandag.org SANDAGregion SANDAGregion SANDAG 2021-03-23 Agenda Packet Page 67 of 165 »In 2015, a 0.6-mile extension of the Bayshore Bikeway was completed along Harbor Drive between 32nd Street and Vesta Street. Built within the City of San Diego, this segment is the first phase of construction for a project that will eventually connect to the existing bike path in National City and the Gordy Shields Bridge over the Sweetwater River. »In February 2018, the northern half of the National City segment was completed with the construction of a 1-mile separated bike path along Harbor Drive from the National City boundary south to Civic Center Drive and Tidelands Avenue. The SANDAG project also installed one mile of bike lanes on Tidelands Avenue and 0.2 miles of shared lane markings on W 32nd Street as an interim facility while the Port District plans the final bike path connection south of Civic Center Drive in conjunction with their plans for redevelopment of the National City bayfront. Regional Collaboration Construction of the Bayshore Bikeway requires collaboration between local, regional, state, and federal agencies, as well as public and private property owners. The bikeway crosses through land or easements owned by the U.S. Navy, Port District, Metropolitan Transit System, and others. For More Information Visit KeepSanDiegoMoving.com/ BayshoreBikeway or contact Senior Public Outreach Officer, Brandy Sweitzer, at brandy.sweitzer@sandag.org or (619) 595-5610. October 2019 4889 BIKE PATH / Sendero para bicicletas ON-STREET LANE/ROUTE / Carril/ruta sobre la calle CONSTRUCTION PROJECTS / Proyectos de construcción PLANNED PROJECTS / Proyectos planeados 0 3,000 6,000 FEET / Pies BAYSHORE BIKEWAY San Diego Bay Pacific Ocean FE R R YEMBARCADERO HAR B O R MAIN S T R E E T Sweet water Channel H O O V E R S T .C ST.E STREETF STREETH STREETMAIN S T R E E T S D & A E R A I L R O A D R /W MARKE T S T R E E T N A T I O N A L C I T Y B L V D .CIVIC CENTER DR. DRIVE DRIVE NAT ION A L C I T Y M A R I N A 5 T H A V E N U E B R O A DW A Y T I D E L A N D S A V E .CHULA VISTA MAR INA S I L V E R S T R A N D S T A T E B E A C H STELLA A V E. M A R I N A P A R KW A Y B A Y B L V D .SATURN BLVD . PALOM A R S T R E E T PALM A V E.ORANGE AVE.G L O R I E T T A BLVD.J STREET32ND STREET BROAD W A Y CORONADOLANDING CORONADOGOLF COURSE HARBO R D R I V E HARB O R VESTA ST32ND S T. 54 75 75 75 282 75 San Diego Coronado National City Imperial Beach Chula Vista 3942 3/18 #GObyBIKEsdGObyBIKEsd.com BAYSHORE BIKEWAY With the leadership of the Bayshore Bikeway Working Group, the Port District, the City of Imperial Beach, Caltrans, and the City of San Diego completed 4 miles of the Bayshore Bikeway between 1993 and 2012. In 2011, SANDAG began construction on the Bayshore Bikeway and has since completed the following projects: »In March 2012, SANDAG completed a 1.8-mile segment of the bikeway between Palomar Street and H Street in Chula Vista in partnership with the City of Chula Vista and the Port of San Diego. 2021-03-23 Agenda Packet Page 68 of 165 Bayshore Bikeway Working Group Revised February 23, 2021 Membership The Bayshore Bikeway Working Group (Working Group) was established to promote improvements to the 24-mile bikeway around San Diego Bay. The members consist of elected officials from the cities of Chula Vista, Coronado, Imperial Beach, National City, and San Diego and an elected official from the County of San Diego. Additional members include representatives from Metropolitan Transit System, Port of San Diego, and the San Diego County Bicycle Coalition. The Working Group meets on an as-needed basis. Staff contact: Linda Culp, (619) 699-6957, linda.culp@sandag.org MEMBERS ALTERNATES Jill Galvez Councilmember, City of Chula Vista Mike Donovan Councilmember, City of Coronado Matthew Leyba-Gonzalez Councilmember, City of Imperial Beach John “Jack” Fisher Councilmember, City of Imperial Beach Marcus Bush Councilmember, City of National City Alejandra Sotelo-Solis Mayor, City of National City Vivian Moreno Councilmember, City of San Diego Nora Vargas County of San Diego Vacant Metropolitan Transit System Andy Hanshaw San Diego County Bicycle Coalition Sandy Naranjo Commissioner, Port of San Diego Garry Bonelli Commissioner, Port of San Diego Mike Woiwode Public Member 2021-03-23 Agenda Packet Page 69 of 165 P a g e | 1 March 23, 2021 File ID: 21- TITLE STAFF REPORT REGARDING THE POLICE DEPARTMENT’S OPERATION OF AUTOMATED LICENSE PLATE RECOGNITION (ALPR OR LPR) SYSTEMS AND DATA SHARING AGREEMENT THROUGH VIGILANT/MOTOROLA. RECOMMENDED ACTION Council hear the report. SUMMARY At the December 8, 2020 City Council meeting, the Police Department was asked to prepare a report about the Department’s Automated License Plate Reader (ALPR) program through its contracted vendor Vigilant Solutions, in response to a recent Public Records Request, media coverage and public concerns. [Note: ALPR systems are sometimes referred to as License Plate Recognition systems (LPRs)] ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is required. STAFF REPORT The Police Department has operated an ALPR system since first authorized by the City Council in 2007. The original system included three ALPR cameras but was expanded to four ALPR cameras after City Council approval in 2011. The Police Department has continued to operate the four ALPR camera systems ever since. This report will focus on the following areas; • ALPR community concerns • ALPR Program Timeline • ALPR system overview • Moving forward with ALPR ALPR COMMUNITY CONCERNS ALPRs are one of the most valuable tools available for the department to solve crimes and keep the community safe. The Department’s goal is developing policy and guidelines that balance community safety with privacy rights that respects community concerns. Some of those concerns are; 2021-03-23 Agenda Packet Page 70 of 165 P a g e | 2 • Data sharing, especially with immigration authorities • Privacy rights • Misuse or abuse of technology by law enforcement • Data retention • Over policing communities of color and concerns about systemic or personal bias affecting people of color • Law enforcement’s ability to track or surveil people using this type of technology The Police Department recognizes that these concerns and others evolve over time. Policy review is a continuous process that considers best practices, emerging technology, community concerns and industry standards. Often this process involves input from entities such as both Federal and California Departments of Justice (DOJ), IACP, PERF, American Civil Liberties Union (ALCU) and others where appropriate as they are respected national entities on this and other topics. This allows us to operate transparently and responsibly while making Chula Vista one of the safest cities in the county and nationwide. Responsible and effective use of technology is the third of six pillars as noted by President Obama’s 2014 Task Force on 21st Century Policing1. Technology provides agencies opportunities to better serve their communities and enable them to solve crimes more quickly and prevent further victimization, as well as create new pathways and connections with the community. Technology can change or adapt rapidly and create both new opportunities and privacy rights concerns. Agencies must work to assess and evaluate new technology and to develop and implement responsible and transparent policies and protocols that maximize crimefighting and crime reduction in a manner that is respectful of and cognizant of individual rights and privacy concerns. The Police Department employs multiple safeguards designed to prevent, identify and address many of the community’s concerns. Chief among them are the Federal and State laws governing when and why officers may access confidential information about a person and who they may share it with. State law and Department Policy prohibit sharing information about a person that is not available to the public and require official law enforcement reasons for access. Violations for misuse or abuse of these laws include termination and criminal prosecution. Every officer, every person authorized access to confidential information is required to attend bi-annual training and pass a recertification test in order to use these systems. Additionally, these systems are audited on a regular basis by both the state and federal government. The audits are also conducted on entire departments as well. These systems require secure log in and a valid reason for the inquiry. Policy review is an ongoing process. Every year, the Department updates policy to ensure compliance with new laws or mandates and conducts department-wide training on these new laws. The policy review process includes consultation with City Attorney staff, and members of the Community Advisory Committee (CAC) to ensure our policies are in legal compliance and reflect the needs and expectations of our community. 1 President’s Task Force on 21st Century Policing. 2015. Final Report of the President’s Task Force on 21st Century Policing. Washington, DC: Office of Community Oriented Policing Services. 2021-03-23 Agenda Packet Page 71 of 165 P a g e | 3 The Police Department also complies with the 2016 California Electronic Communications Privacy Act (ECPA), which is the one of the strongest privacy laws in the nation. Among other requirements, this law requires a Judge’s consent before searching a person’s phone or other electronic device except in emergency situations. Additionally, the department reviewed the February 2020 State of California Department of Justice Audit report on Automated License Plate Readers 2. Though only four California Agencies were audited (Los Angeles Police Department, Fresno Police Department, Marin County Sheriff’s Office and Sacramento County Sheriff’s Office), the report highlighted several strategies for law enforcement agencies to follow. The suggestions are; • Implement or Improve their ALPR policies. • Implement needed ALPR data security. • Update vendor contracts with necessary data safeguards. • Ensure that sharing of ALPR images is done appropriately. • Evaluate and reestablish data retention periods. • Develop and implement procedures for granting and managing user accounts. • Develop and implement ALPR system oversight. The report also suggested some legislative actions as well, which included creating a DOJ template for ALPR programs for agencies to build upon, establishing a maximum retention period of ALPR images and specification on how frequently audits must be completed and include user search assessments. ALPR PROGRAM TIMELINE • October 9, 2007: The City Council approved the Police Department’s proposal to fund the purchase of an ALPR camera system. The proposal included the purchase of camera systems mounted to three marked, routine police vehicles used by uniformed patrol officers. The proposal was listed in the council agenda (Attachment A), and the Council approved the purchase in Council Resolution #2007-249 (Attachment B). • February 1, 2011: The City Council approved the Police Department’s proposal to fund a fourth ALPR camera system. The proposal was listed in the council agenda (Attachment C), and the Council approved the purchase in Council Resolution #2011-012 (Attachment D). • July 1, 2016: Chief of Police David Bejarano signed the SANDAG-ARJIS Memorandum of Understanding (MOU) (Attachment E). This MOU included a data sharing agreement for ALPR data and cited a 2008 Privacy Impact Assessment (PIA) led by the International Association of Chiefs of Police, which reviewed existing local state and federal laws and included American Civil Liberties Union (ACLU) priv acy concerns. The resulting 2009 PIA provided the background of this Policy. The policy also cited California Department of Justice Law Enforcement Telecommunications System (CLETS) policies regarding official 2 Automated License Plate Readers To Better Protect Individuals’ Privacy, Law Enforcement Must Increase Its Safeguards for the Data It Collects (ca.gov) 2021-03-23 Agenda Packet Page 72 of 165 P a g e | 4 access and use of CLETS data. As a matter of record, CLETS data does not contain immigration information (CLETS data contains DMV data, stolen vehicle data, wanted persons, missing persons etc.). • In 2017, the Department switched ALPR vendors from 3M/PIPS to Vigilant Solutions. The original equipment purchased in 2007 and 2011 had reached the end of its service life, and new cameras were needed. Vigilant Solutions was selected as the new vendor. The Police Department opted to share ALPR data with all other law enforcement agencies also using Vigilant Solutions through Vigilant’s Law Enforcement Archival Reporting Network (LEARN). This change was made within an existing and budgeted program and did not involve city council approval. • April 9, 2020: The ACLU submitted a Public Records Act Request (PRA), (Attachment F) regarding the Department’s subscription to Vigilant’s Law Enforcement Archival Reporting Network (LEARN). They sought the names of agencies that both share with and receive data from CVPD, and the names of agencies who both share and receive “hot list” notifications with CVPD. The LEARN service provides one subscribing law enforcement agency the ability to allow other authorized entities the limited ability to search that agency’s ALPR data. The LEARN service also provides entities with the capability of creating proactive alerts (sometimes known as “hot list” notifications) for wanted vehicles, should a wanted license plate be scanned by a subscribing ALPR system. The Department researched its Vigilant ALPR system and provided the list of Vigilant LEARN agencies the Department both shared and received data from (Attachment G). Included on the list were Immigration and Customs Enforcement (ICE) and the United States Border Patrol (USBP). Meanwhile, the Department sought legal guidance to ensure that data sharing was compliant with SB54. Because ALPR data does not include Personally Identifiable Information (PII), nor does it contain any immigration-related information, data sharing with these agencies was determined to be compliant with SB54. • July 28, 2020: The City Council approved the Police Department’s proposal to accept $200,800 in U.S. Department of Homeland Security grant funding. This funding was to be used for overtime operations, purchase of night vision monoculars and license plates reader systems for patrol vehicles. The proposal was listed in the council agenda (Attachment H) and was approved by city council in Council Resolution #2020-177 (Attachment I). These ALPRs have not yet been purchased by the department. • December 8, 2020: Recently published media articles suggested the Police Department’s ALPR system violated two California laws; the California Values Act of 2018 (SB54), and 2015 California State Senate Bill 34, which required law enforcement agencies to seek public input and City Council approval prior to starting or operating an ALPR system. The City Council requested a Staff Report on the Police Department’s ALPR program. ALPR SYSTEM OVERVIEW According to a 2012 International Association of Chiefs of Police (IACP) study 3, Automated License Plate Reader (ALPR) technology was invented in 1976 in United Kingdom to prevent terrorist bombings in London. 3 David J. Roberts and Meghann Casanova, Automated License Plate Recognition (ALPR) Systems: Policy and Operational Guidance for Law Enforcement, Washington, D.C.: U.S. Department of Justice, National Institute of Justice, 2012. 2021-03-23 Agenda Packet Page 73 of 165 P a g e | 5 ALPR technology has been in-use by law enforcement agencies around the world since at least 20014 and uses cameras and illumination to photograph a license plate and scan the image by image-processing software that extracts the necessary data (such as license plate number and state). That data is then compared against police databases such as lists of stolen and wanted vehicles. ALPR data can also be manually searched by police investigators. ALPR systems have become an accepted and proven tool for hundreds of law enforcement agencies across the country. A January 2012 Police Executive Research Forum (PERF) Technology Summit in Washington D.C. 5, showed 71% of surveyed police departments in the United States employed ALPR systems to some extent and 85% planned to acquire or expand their use of ALPR systems in the next five years. Agencies across the country utilize ALPR systems to locate missing persons or people with warrants or those wanted in connection to crimes, locate stolen cars and assist with ongoing criminal investigations. Compared to collection of this data by hand, ALPR systems save countless hours of investigation. Most of the County Municipal Agencies use ALPRs in some manner. Several operate both mobile and fixed ALPR systems and several utilize ALPR systems for parking enforcement. The following list details each agency’s ALPR program capability. • Carlsbad Police Department: Eighty-six fixed ALPR systems, six patrol car mounted systems and one parking enforcement system. • Chula Vista Police Department: Four patrol car mounted systems. • Coronado Police Department: Eight patrol car mounted systems, two parking enforcement mobi le systems. • El Cajon Police Department: Three patrol car mounted systems. • Escondido Police Department: Three fixed systems, one patrol car mounted system, and 2 mobile parking enforcement systems. • Harbor Police Department: Three fixed systems and six patrol car mounted systems. • La Mesa Police Department: Four patrol car mounted systems. • National City Police Department: None. • Oceanside Police Department: Five patrol car mounted systems. • San Diego Police Department: Thirty-five mobile units, most of which are mounted on Senior Volunteer vehicles. • San Diego Sheriff’s Department: Thirty-one patrol car mounted systems. • University of San Diego Police Department: four patrol car mounted systems. ALPR systems function to automatically take a photographic image of the vehicle’s license plate, transform that image into alphanumeric characters using optical character recognition or similar software. The images 4 Cohen, I. M., Plecas, D., &amp; McCormick, A. V. (2007). A Report on the Utility of the Automated License Plate Recognition System in British Columbia. Retrieved from http://cebcp.org/wp-content/lpr/BritishColumbiaLPRreport.pdf 5 how are innovations in technology transforming policing 2012.pdf (policeforum.org) 2021-03-23 Agenda Packet Page 74 of 165 P a g e | 6 taken often include the license plate as well as enough of the car to allow for identification of the make and model. Chula Vista Police Department ALPR Program The Police Department operates four marked patrol cars equipped with ALPR camera systems that operate while the vehicles are in use. Patrol cars are assigned to patrol officers on an available bas is and are not assigned based on geography. Due to shift overlaps, patrol cars may not be used on some shifts (i.e. a day shift officer drives one, making it unavailable for the next shift, but available for an officer on the overnight shift to drive). The department’s ALPR system has two primary functions. While the ALPR-equipped car is in use, the system compares license plate numbers to one or more existing databases of vehicles of interest to law enforcement agencies, and alerts the officer operating an ALPR-equipped car when a vehicle of interest has been observed. This process typically occurs within seconds. At this point, the “automated” part of the process ends and officers must then independently validate that the ALPR system has accurately interpreted the license plate, validate that the license plate matches the vehicle of interest, verify that the alert is valid (e.g. not expired or otherwise deemed invalid), and make an informed decision as to what action to take, if any. The ALPR system refreshes the comparison list every four hours to obtain the most current information. An alert alone does not justify a traffic stop or detention. The officer must conduct these verification steps prior to any enforcement action. The second function is the ability for officers to manually search the database for a specific vehicle related to an official investigation (crimes, missing persons etc.). The department subscribes to Vigilant Solutions, which provides data storage for CVPD ALPR images and allows officers to search for images from the department’s images. Those collected by other law enforcement agencies and those from commercial entities, which is willingly shared with law enforcement. Commercial systems are widely used by non-public entities such as shopping malls, apartment complexes, home -owners associations, amusement parks, and parking garages. Commercial systems greatly outnumber law enforcement systems. This manual search function is the part of the system that is most invaluable to the department as it used in almost every investigation conducted. There are hundreds of instances where cases would not be solved without the use of the ALPR system through Vigilant. Chula Vista Police Department policy requires all Department ALPR data be purged after one year. The department’s ALPR system is configured to automatically delete images one year from the date the image was taken. This process occurs daily. As a result, Chula Vista ALPR data will only contain images taken less than 1 year prior. ALPR System Access CVPD Policy #460 is specific to the Department’s ALPR program. It outlines access, administration, operation, data sharing and retention and accountability. Access to ALPR data is restricted to authorized users from among Department personnel. All authorized users are required to complete department training before being granted access and access is controlled by system administrators, who are at least at a 2021-03-23 Agenda Packet Page 75 of 165 P a g e | 7 supervisory level. ALPR system administration consisted of two administrators, an investigative sergeant and the Information Technology (IT) manager. As a part of this review process, the Investigations Division Captain was also assigned as an administrator. There is a plan to assign a fourth administrator, an investigative division lieutenant, in the near future. Users are provided unique log-in credentials and are prohibited from sharing these with others or from using someone else’s credentials. Users who violate this are subject to discipline under department policy and could also face criminal prosecution under data security and protection laws. Users who have not accessed the system for 90 days are automatically suspended from access until they request access be restored. A system administrator must approve their request to restore access. In these cases, the user is also provided training materials as a refresher. The ALPR system is restricted to official law enforcement use only. Any authorized user conducting an inquiry into the system must log in using their secure log in credentials and must provide a reason for the inquiry (case number etc.) Authorized users can search the ALPR system using the following criteria; • License plate (complete or partial) • Vehicle description (make, model) • Images scanned at or near a specific location and a specified time frame (crime location/time crime occurred). This function allows the user to set a radius search for a specific address, such as a crime location. The system does not have the ability to identify the issuing state or country of the license plate, so the officer must verify any potential matches before taking enforcement action. Similarly, when examining search results, the user must manually look through the results to determine if a potential vehicle of interest exists. The following are common examples of how an officer will search the system based on the information they are looking for. These are real examples of successful investigations that relied upon the ALPR system. There are hundreds of examples like these. • Locate a missing person: If the person has access to or was last seen in a specific vehicle, then the system can be searched to see if there are any relevant ALPR images which can provide tips on places to look. For example, in one case involving an at-risk missing elderly person who was last seen in their car, officers utilized the ALPR system to search for any images of the person’s car. They continued to conduct periodic searches in the hopes of finding the car after they went missing. Officers were able to find a recent ALPR image in a neighboring city that was outside the area where the family thought their loved one might be. Officers were able to drive to that location and ultimately found both the car and the missing person, who was safely reunited with their family. • Locating a wanted person: If the identity of the offender is known, then officers can search the ALPR system for the offender’s license plate in order to narrow the locations the suspect may be frequenting and locate and arrest the offender. For example, detectives were actively looking for a person wanted for child molestation. In this case the offender was aware they were wanted and was actively switching cars to avoid being found. Detectives received a tip about the offender’s newest 2021-03-23 Agenda Packet Page 76 of 165 P a g e | 8 car and searched the ALPR system. The search showed that car had been photographed several times on a specific roadway. Detectives went to that area, waited for that car to pass by. When it did, they recognized the offender was driving it and safely made a traffic stop and were able to arrest a dangerous offender. • Identifying criminal offenders: A common and historically effective investigative technique involves searching the area around a crime scene for vehicles connected to the crime. In circumstances where a crime occurred and there is minimal information about the offender, investigators can search the area surrounding the crime scene for leads around the time the crime occurred. For example, in a case involving a fatal hit and run of a teenage jogger, the investigators canvassed the nearby business owners for any video evidence that was captured by business security camera systems. They found footage of the crime, which provided the make, model and color of the truck that struck the victim, but the images were too poor to see the license plate. The images did show a distinctive traffic cone in the bed of the offending truck. Using the ALPR system, they checked for similar trucks in the surrounding area to see if there were any matches. The search results showed a similar truck, with a similar traffic cone in the bed, and they could see the license plate. Detectives then logged into the Department of Motor Vehicles (DMV) database to find the name and address of the registered owner. With that information they were able to locate the truck at the registered owner’s address and saw some damage consistent with a collision. They then obtained a search warrant which revealed forensic evidence linking the truck to the victim. The offender was then identified and later arrested for this crime. • Linking an offender to crime locations: In the case of crime series, officers can use the ALPR system to see if there are images of known license plates or vehicle descriptions in the areas near crime scenes. There are many examples of these types of cases. In one example, detectives had a potential vehicle description and a description of the unidentified offender. By searching the ALPR database for that specific type of vehicle, they found a potential match. They ran the license plate in the DMV system to determine the registered owner’s address, then they accessed another DMV database and saw the owner matched the description of the offender. Detectives also learned of several other similar crimes that may have been committed by the same offender. Using the ALPR system, they checked to see if the system contained any images of that car in or around any of the other crime scenes. When the Detectives saw that the car was at or near several crime scenes at the time of the crimes, they put together a photo lineup with the owner’s photo. Victims and witnesses from each of the crime scenes positively identified the owner as the offender. Detectives then began watching this offender and were able to choose the place and time to safely arrest him and obtain search warrants to look for victim’s property. Detectives recovered property that had been stolen in many of these cases. Vigilant Solutions Since 2017, the Police Department has subscribed to Vigilant Solutions and has uploaded license plate images to their database, which is certified for law enforcement usage and meets all security requirements specified by the Federal Government, specifically the Criminal Justice Information System (CJIS) and is only accessible to other law enforcement agencies. One of the advantages of subscribing to Vigilant’s LEARN database for law enforcement is access to Vigilant’s commercial ALPR database. Commercial entities with ALPR systems are not authorized to view law enforcement data and commercial ALPR systems outnumber law enforcement 2021-03-23 Agenda Packet Page 77 of 165 P a g e | 9 systems many times over. Commercial operators of ALPR systems with Vigilant willingly share their data with law enforcement. ALPR images do not contain any links to Personally Identifiable Information (PII). PII consists of information such as a name, address, drivers’ licenses record, vehicle registration record, social security number etc. Identification of the owner, driver or passengers of vehicles whose images are contained in the ALPR system cannot be accomplished using the ALPR system alone. An officer must access a separate existing law enforcement system to identify an individual. Access to these databases are restricted to law enforcement personnel and they are monitored and audited by the Department of Justice. Viewing an ALPR image requires an officer conduct further investigation. ALPRs are force multipliers that allow for multiple license plates to be scanned where a single officer working with a dispatcher are limited to one plate at a time. These systems provide our officers an opportunity to leverage technology to more quickly identify offenders, solve crimes and recover victim’s property. Additionally, the ability to more rapidly determine the identity of an offender allows officers to focus attention on the most likely offender and leads to a quicker resolution. The ALPR system does not allow for real-time or near real-time tracking of a person or vehicle. The system is dependent on a vehicle being photographed by an ALPR camera system. Annually, on average, the four Chula Vista Police Department ALPR-equipped patrol cars collect roughly 450,000 images when all of them are in use. Officers can search the system to inquire whether a vehicle was photographed by an ALPR camera. An inquiry can only provide responses from photos already taken. It does not provide real-time information about each license plate being photographed, only the prior times the vehicle was photographed. Data Sharing Data sharing of ALPR images refers to whether an agency shares its ALPR images with other law enforcement agencies. A department can decide to share or not, and can control how many agencies are shared with, if any. There is no requirement to share data with other agencies. If an agency shares its data, then other law enforcement searches will include any matching data from that agency that owns the data. If there is no sharing, then search results will not include that agencies data. Sharing of data is restricted to specific search results, rather than the ability to see and analyze all of an agency’s data. Data is only shared when a) the agency allows their data to be included in searches by outside law enforcement users, and; b) there are images that match the search parameters. No information is shared without a specific search being conducted. The user will not know whether any other data exists other than what was supplied by their query. Shared images consist of digital photographs of matching vehicles or locations along with the date, time and location the image was taken. In San Diego County, law enforcement ALPR data is shared regionally through the Automated Regional Justice Information system (ARJIS) with other county agencies per MOU agreement. Through the LEARN database, the department has chosen to share data with agencies across the country (Attachment G). As advertised by Vigilant, the department owns the ALPR data. Vigilant does not have access to Chula Vista’s 2021-03-23 Agenda Packet Page 78 of 165 P a g e | 10 ALPR data. They cannot view the images or share the data, nor can they view or share any other agency’s data either. There is no direct connection between an agency sharing data and being able to view data from other agencies. An agency may elect not to share its data, or to restrict data sharing to select agencies, but may still view data from other agencies. It is possible that the decision not to share may cause a reciprocal change in data viewed from other departments, however there is no data available to determine how often this has occurred. Some agencies do not operate ALPR cameras but are subscribers to Vigilant’s LEARN database. Vigilant does not require an agency to share data, nor are there incentives or penalties for not sharing. The Police Department shared data with all other subscribing agencies in LEARN, until December 9, 2020, when sharing of data with ICE and USBP was suspended. Data sharing is important because crimes and offenders do not necessarily stay within the borders of each individual jurisdiction and the frequency that crime trends in one community are related to those of other communities. It is also common that offenders committing crimes in one community are connected to crimes in other communities. Vehicles associated with criminal activity travel across jurisdictional boundaries on a frequent basis. This is especially true in a metropolitan area like the San Diego County Region but is also true throughout the nation. As cited above, there too many success stories associated with the Department’s ALPR system to list. The following are a representative sample. • An offender in multiple identity theft and fraud cases was using victims’ IDs around the county. Witnesses provided a description of the offender to officers in one of the cases and a vehicle description. Detectives were able to use the ALPR system, to see if any matching images existed. They found a similar vehicle and were able to see additional images of the same car near the other crime scenes. They used the DMV database to identify the registered owner, who was a match for the offender. Witnessed picked the offender out of photo lines up and detectives were able to take the offender into custody. When arrested, the offender was in possession of items obtained through fraud and paperwork belonging to other potential victims of identity theft. • Detectives working a county-wide theft series with more than 15 separate cases were able to use the ALPR system to look for a potential offender vehicle, and then place the car at several of the crime scenes, which led to the offenders eventual arrest and conviction. • Detectives working a gang-related homicide and series of violent assaults, used the ALPR system once they identified the offender and a potential vehicle to see if there were any ALPR images. Detectives then went to the area where the most recent ALPR image was taken, and once there, saw the offender in that vehicle. They then safely made an arrest and recovered evidence in several of the cases. • On a separate homicide investigation, the offender’s vehicle was described. The ALPR system was used to check for any images of the offender’s vehicle in the area of the murder and helped detectives locate the car and recover evidence. 2021-03-23 Agenda Packet Page 79 of 165 P a g e | 11 • Detectives investigating a group of offenders who were affixing large quantities of fentanyl to the undersides of cars being driven across the border by unsuspecting members of the community, were provided the color and make of a potential suspect vehicle. Using the ALPR system, they were able to identify a possible offender and begin watching him. The offender was seen following a victim and removing a package of fentanyl from a victim’s car after the victim parked it and walked away . The offender was arrested, and a large amount of fentanyl was recovered. • Homicide detectives working a murder investigation were provided with the make and color of the offender vehicle. Detectives used the ALPR system to find similar cars in the area. The registered owner of the car matched the physical description of the offender and was subsequently identified by several witnesses. The vehicle was located and processed for evidence pursuant to a search warrant. • Officers investigating a carjacking case were able to use the ALPR system to guide them to where the victim’s care was left. Evidence recovered led to the identity of the offender, who was also implicated in several other armed carjacking incidents and allowed police to recover a ghost gun. Chula Vista’s proximity to the border and along two major interstates provide for a vibrant, unique, and diverse community, but also present increased risks associated with cross border crime and violence that effect everyone. Data from the San Diego County Human Trafficking Task Force (SDCHTTF) reports a 100% rise in juvenile sex trafficking victim recoveries from 2019 to 2020. The age of these victims has fallen into the 14-15-year- old range and forced labor trafficking remains a significant problem in the south bay and has considerable cross border connections. Chula Vista sits astride a major human trafficking corridor and the Task Force uses ALPR systems to detect travel patterns of trafficking offenders, leading to more frequent victim rescues. Many of the victims of exploited labor crime are members of the immigrant community and suffer tremendously at the hands of those who would exploit them. Countywide, the occurrence of accidental fentanyl-related deaths has almost doubled from 2018 to 2019. The 2020 numbers are going to be even higher according to The San Diego County Prescription Drug Abuse Task Force (SDPDATF) 2020 report card. Police Department staff are consistently encountering large quantities of fentanyl that is coming across the border. Fentanyl in even minute particles is extremely dangerous. Law enforcement is increasingly finding fentanyl present in other street drugs that are being ingested unknowingly by those self-medicating or those caught in the disease of addiction with often fatal results. MOVING FORWARD WITH ALPR This report is a compilation of current Department ALPR program and policy and includes community input received to date, and recent best practices or recommendations from the CA DOJ. Many of the CA Department of Justice 2020 ALPR audit recommendations are already part of the Department’s ALPR program. There is agency policy, which addresses training, access, data retention, system administration, data security. • Data Sharing: Having suspended sharing with ICE and USBP, a review of the entire remaining list of agencies shared with was conducted as part of this report process, to ensure sharing was based on 2021-03-23 Agenda Packet Page 80 of 165 P a g e | 12 informed decision making. The CA DOJ report highlighted two agencies that raised concerns, (the Missouri Police Chief’s Association and the Honolulu Police Department). These same two agencies were also listed as being shared with by the department. o While the Honolulu PD is a recognized police department, there are limited instances of vehicles travelling between Chula Vista and Hawaii. The Missouri Police Chief’s Association, while clearly named, is a professional Police Chief’s organization that does not engage in criminal investigations. Both agencies were removed from the department’s sharing list as a result. Additionally, while most of the agencies listed were easily identifiable as police departments, sheriff’s offices or other public law enforcement agencies, there were a small number that were not clearly identified and needed further examination. Most of these were found to be legitimate law enforcement agencies or task forces and had a clearly identified agency contact listed in the system. However, two of these agencies could not be further identified and we were unable to check as they had no contact information listed. o These two entities were listed as HTU and SOSINK and were removed from data sharing for the reasons listed above. • Security and Access control: The CA Department of Justice audit recommended several key areas involving system access and security. • System administrators should be supervisors • Allowing user access should be handled by a supervisor • Users access should be shut off after certain periods of inactivity The department’s policy contained each of these components. At the beginning of this review process, the Department had two assigned ALPR system administrators, an investigative supervisor and the Information Technology manager. A third, the Investigative Captain has been added and a fourth is planned as soon they can be trained as an administrator. The supervisor conducts all ALPR system training for employees and controls user access. These additions were made to enhance program oversight and provide additional layers of supervision and management. Another adjustment that was added as a result of this review is the addition of a pop-up security message upon log in that contains a reminder message about access for official use only. For decades, the Chula Vista Police Department has maintained a culture of community-based policing, innovative problem solving, community engagement and accountability. The need to provide public safety services to our community with fairness, equity and justice is not new to our organization. It is deeply engrained into our history and our shared culture. We uphold the highest ideals for our profession, and we are proud that our officers serve our residents according to our community’s expectations and needs 2021-03-23 Agenda Packet Page 81 of 165 P a g e | 13 • System audits: Regular system audits offer another layer of security to the ALPR program. Current policy requires the system administrator to monitor the system to ensure security of the information and that they conduct regular audits of the system. Audits have conducted on an annual basis, and as needed. Moving forward, audits will be conducted quarterly and as needed. To assist with this, the number of system administrators is being doubled. It should be noted that the Investigative Sergeant ALPR administrator has been conducting monthly audits on user access, and data sharing. The ALPR system automatically sends emails about all data sharing requests to system administrators. Since any new sharing requests have been monitored by the sergeant-level administrator, and must now be approved by the System Administrator (Investigation Division Captain), the Department’s data sharing has been monitored and will continue to be monitored closely. These changes came about as the collective examination of the Department’s ALPR system. They are intended to improve oversight and better monitor and secure ALPR data. They also represent the importance of community engagement, willingness to listen to feedback, and conduct critical policy review that follow all legal requirements, include or model best practices and represent transparent and responsive community policing. Additionally, to improve transparency, a link to our ALPR program will be added to the Department website. This link will provide much of the information contained in this report, along with any future policy or program changes, and current success stories involving the use of the ALPR system. There are too many occasions where ALPR data was used to successfully solve a crime or locate a missing person to list. The following are a representative sample. • An offender in multiple identity theft and fraud cases was using victims’ IDs around the county. Witnesses provided a description of the offender to officers in one of the cases and a vehicle description. Detectives were able to use the ALPR system, to see if any matching images existed. They found a similar vehicle and were able to see additional images of the same car near the other crime scenes. They used the DMV database to identify the registered owner, who was a match for the offender. Witnessed picked the offender out of photo lines up and detectives were able to take the offender into custody. When arrested, the offender was in possession of items obtained through fraud and paperwork belonging to other potential victims of identity theft. • Detectives working a county-wide theft series with more than 15 separate cases were able to use the ALPR system to look for a potential offender vehicle, and then place the car at several of the crime scenes, which led to the offenders eventual arrest and conviction. • Detectives working a gang-related homicide and series of violent assaults, used the ALPR system once they identified the offender and a potential vehicle to see if there were any ALPR images. Detectives then went to the area where the most recent ALPR image was taken, and once there, saw the offender in that vehicle. They then safely made an arrest and recovered evidence in several of the cases. 2021-03-23 Agenda Packet Page 82 of 165 P a g e | 14 • On a separate homicide investigation, the offender’s vehicle was described. The ALPR system was used to check for any images of the offender’s vehicle in the area of the murder and helped detectives locate the car and recover evidence. • Detectives investigating a group of offenders who were affixing large quantities of fentanyl to the undersides of cars being driven across the border by unsuspecting members of the community, were provided the color and make of a potential suspect vehicle. Using the ALPR system, they were able to identify a possible offender and begin watching him. The offender was seen following a victim and removing a package of fentanyl from a victim’s car after the victim parked it and walked away. The offender was arrested, and a large amount of fentanyl was recovered. • Homicide detectives working a murder investigation were provided with the make and color of the offender vehicle. Detectives used the ALPR system to find similar cars in the area. The registered owner of the car matched the physical description of the offender and was subsequently identified by several witnesses. The vehicle was located and processed for evidence pursuant to a search warrant. • Officers investigating a carjacking case were able to use the ALPR system to guide them to where the victim’s care was left. Evidence recovered led to the identity of the offender, who was also implicated in several other armed carjacking incidents and allowed police to recover a ghost gun. Chula Vista’s proximity to the border and along two major interstates provide for a vibrant, unique, and diverse community, but also present increased risks associated with cross border crime and violence that effect everyone. Data from the San Diego County Human Trafficking Task Force (SDCHTTF) reports a 100% rise in juvenile sex trafficking victim recoveries from 2019 to 2020. The age of these victims has fallen into the 14-15-year- old range and forced labor trafficking remains a significant problem in the south bay and has considerable cross border connections. Chula Vista sits astride a major human trafficking corridor and the Task Force uses ALPR systems to detect travel patterns of trafficking offenders, leading to more frequent victim rescues. Many of the victims of exploited labor crime are members of the immigrant community and suffer tremendously at the hands of those who would exploit them. Countywide, the occurrence of accidental fentanyl-related deaths has almost doubled from 2018 to 2019. The 2020 numbers are going to be even higher according to The San Diego County Prescription Drug Abuse Task Force (SDPDATF) 2020 report card. Police Department staff are c onsistently encountering large quantities of fentanyl that is coming across the border. Fentanyl in even minute particles is extremely dangerous. Law enforcement is increasingly finding fentanyl present in other street drugs that are being ingested unknowingly by those self-medicating or those caught in the disease of addiction with often fatal results. As explained in the preceding sections, the Police Department’s ALPR system provides a valuable tool for our officers to solve crimes. The Department acknowledges the importance active oversight and management have upon the program and to have the willingness to adjust as necessary. The department began requiring command staff approval of all outside agency requests for ALPR data, allowing us to better control and manage our ALPR data in early 2020 and has made additional changes to its data sharing agreement. 2021-03-23 Agenda Packet Page 83 of 165 P a g e | 15 The Chula Vista Police Department is one of the most innovative and progressive agencies in the nation, and is seen as a benchmark for pioneering, developing and implementing new technology into policing. Collaboration in the development of programs like Drone as First Responder (DFR) and Live 911 have garnered national attention and are recognized as important tools that provide decision quality data to our first responders while also reducing the time it takes for officers to arrive to calls. Providing better, more accurate data helps officers slow things down and employ de-escalation strategies, which leads to better, safer overall resolutions. A large part of the success of these programs is the collaboration with community groups, privacy advocates and other stakeholders to develop responsible policy and protocols for implementation and transparent and informative information sharing with the Chula Vista community. As a leader in innovation and the use of technology to keep our community safe, the Police Department is consistently evaluating critical infrastructure protection and publi c safety technologies. Proven tools like ALPR systems, can be responsibly operated and intelligently implemented to balance individual privacy with efficient and effective public safety strategies that keep our community safe. ALPR systems, whether mounted to fixed locations or on patrol cars or in combination, offer continued opportunities to leverage technology for good. Chula Vista is consistently one of the safest cities in the country due in large part to the positive working relationships enjoyed between all the police department, city government and the community. Chula Vista Police Officers provide fair, courteous and compassionate service every day. 2021-03-23 Agenda Packet Page 84 of 165 DocuSign Envelope ID:-8845C3F1a184 An Aa1Mtt'lT I RESOLUTION N0. 2020-177 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTIISTG $200,800 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID F{JNDS TO THE POLICE GRANTS SECTION OF THE FEDERAL GRANT F{JND FOR OPERATION STONEGARDEN WHEREAS, siiice the events of Septen'iber 11, 2001, tlie interception of terrorists and tlieir weapons attempting entry across tlie nation's borders lias become tlie priority mission of tlie U.S. Department of Hon'ieland Security; and WHEREAS, grant fimding via "Operation Stonegarden" has been awarded by tlie U.S. Department of Homelaiid Security to tlie San Diego County region to facilitate regional partnersliips and enliance border enforcement capabilities; and WHEREAS, the Police Departn'ient has been allocated $200,800 for Operation Stonegarden to paiticipate in regional enforcement effoits and support the missioti of tlie operation; and WHEREAS, tlie grant funds provided by U.S. Department of Homeland Security will completely offset tlie total costs of Operation Stoiiegarden. NOW, THEREFORE, BE IT RESOLVED by tlie City Cormcil of tlie City of Chula Vista, that it liereby accepts $200,800 from tlie U.S. Department of Homeland Security and appropriates $153,000 to tlie Personnel categoi'y, $7,800 to Supplies & Setavices, and $40,000 to tlie Capital category to tlie Fiscal Year 2020/21 budget of t]'ie Police Grants Section of tlie Federal Grant Fund for Operation Stonegarden. [SIGNATURES ON THE FOLLOWING PAGE] 2021-03-23 Agenda Packet Page 85 of 165 DocuSign Envelope ID: 6258DF95-8BEB-433D-928F-8845C3F13184 Resolution No. 2020-177 Page No. 2 Presented by Approved as to form by DocuSlgned by: 9251 4C3BOED24 €E Roxana Kennedy Cliief of Police DocuSlgned by: CF 40650850444BF Glen R. Googins City Attorney PASSED, APPROVED, and ADOPTED by tlie City Council of tlie City of Cliula Vista, Califortiia, tliis 28tli day of July 2020 by tlie following vote: AYES:Councilmembers: Diaz, Galvez, McCani'i, PadiHa, and Casillas Salas NAYS:Councilmembers:Noi'ie ABSENT:Councilinembers:None Mary Casillas Salas, Mayor ATTEST: Keiary K. Bigelow, MMC, City Clerk ST ATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF Cl-IULA VISTA 1, Kerry K. Bigelow, City Clerk of Cliula Vista, California, do liereby certify tliat tlie foregoing Resolution No. 2020-177 was duly passed, approved, and adopted by tl'ie City Council at a regular ineeting of tlie Chula Vista City Council )ield on tlie 28t)i day ofJuly 2020. Executed tliis 28tli day of July 2020. [=DoauSlgned"' Kerry K. Bigelow, MMC, City Clerk 2021-03-23 Agenda Packet Page 86 of 165 An ACtlMtl'lT A AGEN CITY COUNCIL DA STATEMENT 10/09/2007 Item 2 ITEM TITLE:RESOLUTION ACCEPTING $329,999 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2007 EDWARD BYRNE MEMORIAL DISCRETIONARY GRANT AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT SUBMITTED BY: REVIEWED BY: CHIEF OF POLI CITY MANAGER 4/5THS VOTE: YES X NO BACKGROUND The Edward Byrne Memorial Discretionary Grants Program, administered by the Office of Justice Programs' (OJP's) Bureau of Justice Assistance (BJA), helps local communities improve the capacity of local justice systems and provides for national support efforts including training and technical assistance programs strategically targeted to address local needs. Funds can be used for demonstration, replication, expansion, enhancement, training and/or technical assistance programs. Grant applicants must establish an intelligence-led, data-driven, multi-jurisdictional response to violent crime and gangs. Applicants must document an existing or proposed multi-agency, multi-jurisdictional partnership, and are required to have an ongoing partnership with at least one federal law enforcement agency throughout the project period. The Chula Vista Police Department, in partnership with the San Diego County Probation Department, and with the support of the United States Attomey for the Southern District of California, submitted an application entitled "Chula Vista Violent Crime Project". ENVIRONMENT AL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the envirorirnent; therefore, pursuant to Section 1 5060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. 2-1 2021-03-23 Agenda Packet Page 87 of 165 10/09/2007, [tem 2 Page 2 of 4 RECOMMENDATION That Council adopt the resolution accepting $329,999 from the Bureau of Justice Assistance for the 2007 Edward Bynne Memorial Discretionary Grant and amending the PoIice Grant Fund budget by appropriating $220,586 for personnel costs, $63,894 for supplies and services and $45,519 for equipment. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The Police Department has recently received notice of the FY 2007 Edward Byme Memorial Discretionary Grant award from the Bureau of Justice Assistance. This award in the amount of $329,999 relates to a 12-month project called the "Chula Vista Violem Crime Project". The goat of the Chula Vista Violent Crime Project is to reduce robbery and aggravated assaults by implementing the following five objectives: 1) problem-solving policing to gather data from a variety of sources to develop a better understanding of robbery and aggravated assault problems, 2) advanced technology to monitor high-risk probationers, gang members and hot spot locations, 3) advanced crime analysis and mapping tools in police operations to direct efforts at reducing robbery and aggravated assault problems through directed patrol and investigative resources, 4) existing intra- and inter-agency task forces and units, and 5) the exchange of information about robberies and aggravated assault with the community. The department's public safety analysts will use existing crime analysis and mapping software to conduct in-depth analysis of past crime incidents at high-density crime locations to identify hot days and times, suspects or suspect groups, methods of operations, and other relevant information (Objective l). The analysts, officers, and investigators assigned to this project will gather information on people and vehicles in the high-density crime locations by: > Partnering with San Diego County Probation Department to monitor the movements of up to 15 dangerous/high-risk probationers bough GPS electronic monitoring devices (Objectives 2 and 3); > Tracking vehicles of targeted probationers and gang-members using vehicle tracking technologies (Objectives 2 and 3); > Collecting information on vehicles frequenting high-density crime locations using advanced mobile license plate recognition (LPR) technology (Objectives 2 and 3); and > Gathering and analyzing information on gang-members, probationers and parolees who frequent high-density crime locations kough surveillance and direct contact by officers (Objectives I and 3). A temporary public safety analyst dedicated to this project will periodically integrate the above data with new crime reports, calls for service and other data, which consequently identifies active crime patterns, trends and possible offenders (Objective 1). Additionally, the analyst will produce reports, maps, and bulletins for commanders, 2-2 2021-03-23 Agenda Packet Page 88 of 165 10/09/2007, Item l Page 3 of 4 supervisors, officers, investigators, multi-agency task forces, and the department's public information officer about robbery and aggravated assault trends (Objectives 3, 4 and 5). Directed patrol will focus on high-density locations based on the data synthesis, analysis, and reports. The purpose of this patrol is to deter offenses, identify suspects, and gather additional intelligence through contacts (field interviews, traffic stops, personal contacts, etc.) with persons frequenting the areas (Objective 3). Officers working overtime will be used to ensure attention is focused at specific locations at specific times. Furthermore, the regular beat officers and supervisors will be provided the same information to help them better allocate any free time they have to these areas. Street TearnjGarig Enforcement Unit and JUDGE (Jurisdictions Unified for Drug & Gang Enforcement)' Unit officers will increase active monitoring of probationers and gang members identified through the above data synthesis. Street Team/Gang Enforcement Unit and JUDGE Unit officers will use wireless PDAs (personal digital assistants) to access the electronic monitoring data of probationers, local, regional, and state criminal justice data systems (Objectives 2, 3, and 4). Officers and investigators working on this project will increase the certainty of the punishment of apprehended offenders by: > Referring qualified gun-related cases to the U.S. Attorney's Office for prosecution through the federal Project Safe Neighborhoods Task Force effort (Objectives 2 and 4); > Working with San Diego County Probation to revoke the probation of identified violators (Objectives 2 and 4); and > Referring qualified cases to the San Diego County District Attorney's J[JDGE prosecutor or Gang Prosecution Unit for special attention (Objectives 2 and 4). The Police Department will also develop a public education awareness effort based on the detailed analysis of robbery and aggravated assaults to provide information on how to protect against robberies and encourage citizens to notify police of suspicious circumstances (Objective 5). Included in this effort will be media events and press releases announcing tlie project, periodic public awareness bulletins, and presentations about the project at community meetings. In summary, the major elements of this project include crime analysis, electronic monitoring of probationers, license plate recognition technology, wireless connectivity to criminal justice databases, remote vehicle tracking, and outreach to the community. Key to this effort is the synthesis of data from a variety of sources to better direct patrol to hot robbery and aggravated assault locations and times, and better focus follow-up investigations. Police commanders and analysts with extensive experience managing similar programs will oversee and work on this 12-month project from 10/1/2007 to 9/30/2008. ' JIJDGE is a multi-jurisdictional task force that consists of police officers, probation officers and deputy district attomeys working together to target drug dealers and documented gang members involved in dnig use and sales. 2-3 2021-03-23 Agenda Packet Page 89 of 165 10/09/2007, Item 2 Page 4 of 4 After the grant funding ends, the strategies developed will continue by analyzing violent crimes and their locations and producing crime bulletins to direct the patrol efforts of regular beat officers. Furthertnore, the Street Team/Gang Suppression Unit, the JUDGE unit, and the Crimes of Violence Unit will continue their enhanced monitoring of probationers and gang members identified as being involved in violent crimes. In addition, license plate technology will continue to be used at problem locations. Efforts will be made to find additional funding for the lease of GPS electronic monitoring systems for probationers to continue that element of the project. ' DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequeiitly the 500 foot rule found in Califomia Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT Approval of this resolution will result in the appropriation of $329,999 to the Police Grant Fund, as detailed in the table below. The funding from the 2007 Edward Byrne Memorial Discretionary Grant will completely offset these costs, resulting in no net impact to the General Fund. B %WI MA!!![1 Km ffl ak'a! t}:WI UN ml ffN W!=_!I i+)!llniffi'ii!I!il!iii'ii%alm!IN!Rilt'Jlffllill!a'a!' a a a i)lt?ffila.fllfflMl !!);a.A.'!'.lltffi -,,q Temporary Analyst Wages & Benefits Officer Oveitime Total Personnel Costs Wireless PDA's & Airtime Fees Remote Vehicle Trackers & Airtime Fees GPS Monitoring System DOJ Sponsored Conference Total Supplies & Services License Plate Reader & Software Total Equipment TOT AL PROJECT COSTS TOT AL GRANT FUNI)tNG Net Impact to General Fund $53,241 [ $142,939 $8,721 $8,111 $30,386 =$3412 $50,630 =$45519 $45,5/9 $239,088 $239,088 $0 $17,748 J $77,647 $1,650 $1,485 $10,129 __IQ $13,264 _$0 $0 $90,911 $90,911 $0 $70,989 ,$149597 $220,586 $10,371 $9,596 $40,515 [ $63,894 J_ $45,519 $329,999 $329,999 $0 ATT ACHMENTS Attachment "A": Letter of Support from San Diego County Probation Department Attachment "B": Letter of Support from United States Attorney, Southern District of CA Prepared by.' Jonathan Alegre, Senior Management Analyst, Police Department 2-4 2021-03-23 Agenda Packet Page 90 of 165 Attachment "A" D.ivld E. Ct.iiifond C)liEF PROBATIOH OfflCJl lAeihi@) 1(150) !ilil,)la FAX la5ffl 514 :ll:!I [otuxtp of Man atego OE.PARTMENT OF PROBATION POST OT'FIC! !10X 2:1597 S A14 t)l!GO CAllPORNIA g!t93-:1597 June 19, 2007 Rick Emerson Chief o(?oJice Chula Vista Police Depaninent Jl.'i FOllJ'll! Ave C]iu)a Vista, CA 019'l0 Dear Cliief Ei'nerson: l am pleased to submit tliis )etier of support For ilic CJiu)a Vista Police Departmenls application for an Edward Byrne Memorial Discretionary Grant liorn lhe Bureau o( Justice Assisiance. Tl'ie ProbaLion Department looks forxvard to working wish your deparimcnt on iliis project to address IJic rising robbery and aggrava(ed assault rates in Cliula Vista- Spacifically, ive will assist in iden(irying liigli-risk probationers and filling lJiem witli GPS-enable tracking devices for monitoring Isy the po)ice depar:mem. in addition, our proLiation officer currently assigned to the {UDGE Unit in Cliula Vista wiU continue to act as a conduit for information between our Iwo depariments on probation-related investigations Wc commend Cliula Vista Po)ice Departmem in i)ieir effons to address tlie rising rates of mbbery and aggravated assault in Chula Vista and look fonvard to our continued parinersliip Sincerely at ,a /' CFnEF PROBA'f {ON OFFICER (Acting) 2-5 2021-03-23 Agenda Packet Page 91 of 165 Attachment "B" Srm j)igHo County Office Federal Office Building 880 Front Street, Room 6293 San Drego, Callrnia 9210.1-8893 U,S. Department of Justice United StatesAttorney Southern District of Califomia KAREN P. HEWITT United Statas Attorngy Fax (66119€)) 555577I5567982o imperial Counhi Office 321 Sourh Waterman Avenue ROOm 204 E) Cenvo, Calfirnia 92243-2215 June 12, 2007 Domingo S. Henaiz Director, Office of Justice Prog United States Department of Justice 810 7' Street, N.W. Washington, D.C. 20531 Re: Chula Vista Police Department, Chula Vista, California Application for Funding - Edward Byme Memorial Discretionary Grants Prog FY 2007 Competitive Grant Announcement Dear Mr Herraiz: TheUnited States Attorney's Ofiice forthe SouthemDistrict of Califomia supports the Chula Vista Police Department in their efforts to apply for participation in the Edward Byrne Memorial Discretionary GrantsProgram,FY2007CompetitiveGrantAnnouncement Iamwritingthisletterofsupporttobeadded to Chula Vista Police Deparhnent's application for funding. In addition to being a part of the Project Safe Neighborhoods Task Force, members of the Chula Vista Police Department participated in the Southern DistrictofCalifomiaGun CrimeProsecutionProtocol "Train-the-Trainers" workshop, andfireamis training sessions that focused on federal firearms law, firearms identification, firearms tracing, and hidden compartments. We lookforward to continuingto work with the Chula VistaPolice Department as part ofthe Project Safe Neighborhoods Task Force and support their efforts to receive recognition in the Edward Byrne Memorial Discretionary Grants Prog. Thank you for your consideration. cc: Chula Vista Police Department Sincerely yours, KAREN P. HEWITT United States Attorney 2-6 2021-03-23 Agenda Packet Page 92 of 165 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $329,999 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE EDWARD BYRNE MEMORIAL DISCRETIONARY GRANT AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND. WHEREAS, the Police Department has recently received notice of the Edward Byrne Memorial Discretionary Grant award from the Bureau of Justice Assistance for a 12-month project called the "Chula Vista Violent Crime Project"; and WHEREAS, the goal of the Chula Vista Violent Crime Project is to reduce robbery and aggravated assaults; and WHEREAS, the major elements of this project include crime analysis, electronic monitoring of probationers, license plate recognition technology, wireless connectivity to criminal justice databases, remote vehicle tracking, and outreach to the community; and WHEREAS, the grant funding from the Bureau of Justice Assistance for the Edward Byrne Memorial Discretionary Grant will completely offset the total project costs. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $329,999 from the Bureau or Justice Assistance for the Edward Byrne Memorial Discretionary Grant and amend the Police Grant Fund budget by appropriating $220,586 for personnel costs, $63,894 for supplies and services and $45,519 for equipment. Presented by: Richard P. Emerson Police Chief Approved as to form by: ,, City Attorney J:VkttorneylRESO'iPOLICElEdward Byrne Grant (CLEAN C(i 0!REDLINE)10-09-07.doc 2021-03-23 Agenda Packet Page 93 of 165 ATTACtlMtl'lT B RESOLUTION N0. 2007-249 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $329,999 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2007 EDWARD BYRNE MEMORIAL DISCRETIONARY GRANT AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND WHEREAS, the Police Department has recently received notice of the 2007 Edward Byme Memorial Discretionmy Grant award from the Bureau of Justice Assistance for a 12- month project called the "Chula Vista Violent Crime Project"; and WHEREAS, the goal of the Chula Vista Violent Crime Project is to reduce robbery and aggravated assaults; and WHEREAS, the major elements of this project include crime analysis, electronic monitoffig of probationers, license plate recognition technology, wireless connectivity to criminal justice databases, remote veMcle tracking, and outreach to the community; and WHEREAS, the grant funding from the Bureau of Justice Assistance for the 2007 Edward Byme Memorial Discretionary Grant will completely offset the total project costs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept $329,999 from the Bureau of Justice Assistance for the 2007 Edward Byrne Memorial Discretionary Grant and amend the Police Grant Fund budget by appropriating $220,586 for personnel costs, $63,894 for supplies and services and $45,519 for equipment. Presented by Approved as to form by Ann Moore City Attorney 2021-03-23 Agenda Packet Page 94 of 165 Resolution No. 2007-249 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chuia Vista, Califomia, this 9th day of October 2007 by the following vote: AYES:Councilmembers: Castaneda, McCann, Ramirez, and Cox NAYS: Councilmembers: None ABSENT:Councilmembers:Rindone ATTEST: Cheryl Cox, yor STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CH?JLA VISTA I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2007-249 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of October 2007. Executed this 9th day of October 2007. ,:3rP) 2021-03-23 Agenda Packet Page 95 of 165 ATTACl1Mff'lT C CITY COUNCIL AGENDA STATEMENT 02/01/2011 Item 5 ITEM TITLE:RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTTNG $249,694 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID F'[JNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREAS SECURITY SUBMITTED BY: REVIEWED BY:CITY MANAGE 4/5THS VOTE:YES X NO SUMMARY The City of San Diego Office of Homeland Security, who administers the Urban Areas Security Initiative (UASI) grant program, has notified the City of the fiscal year 2010 UASI award in the aniount of $249,694. The UASI program addresses the unique multiple-discipline planning, organization, equipment, training, and exercise needs of high-threat, high-density Urban Areas, and assists these Areas in building an enhanced and sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism. ENVIRONMENT AL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "'Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 1 5060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RF'COMMENDATION Not Applicable. 5-1 2021-03-23 Agenda Packet Page 96 of 165 02/Ol/201 1, Item 6 Page 2 of 3 DISCUSSION Since its inception in FY 2003, the intent of the Urban Areas Security Initiative (UASI) program has been to enhance regional preparedness in major metropolitan areas. The UASI program directly supports the National Priority on expanding regional collaboration in the National Preparedrzess Guidelines and is intended to assist participating jurisdictions in developing integrated regional systems for prevention, protection, response, and recovery. Activities implemented with UASI funds must support terrorism preparedness by building or enhancing capabilities that relate to tl'ie prevcntion of, protection from, response to, or recovery from terrorism in order to be considered eligible. However, many capabilities which support terrorism preparedness simultaneously support preparedness for other hazards. Grantees must demonstrate the dual-use quality for any activities implemented that are not explicitly focused on terrorism preparedness. The fiscal year 2010 Urbaii Areas Security Initiative (UASI) provides funding for tlie continued development of readiness and operational response capacity of Police, Fire and Public Works persoiinel. Funds allocated by fiscal year 2010 UASI will permit the Police, Fire and Public Works Departments to purchase equipment that will complement existing equipment configurations that were purchased with previous Homeland Security funds, UASI grant administrators from the California Emergency Management Agency (CalEMA) have approved tl'ie expenditure plan of equipment, planning and training needs of the City. The spending plan was submitted in advance of funding approval in accordance with grant requirements. Grant funds are restricted in how they can be spent and cannot supplai'it normal budgetary items for the City. The specific spending plan is as follows: Equipment The fiscal year 2010 UASI funds will purchase coinmunications, protection, detection and computer equipment in the amount of $140,354 that will be used by the City's first responders. Equipment fiuids have been allocated to the Police & Fire Departments to purchase poitable radios that complement an existing configuration of radio equipment and maintain regional communications interoperability. Additionally, the Police Depaitment will also purchase a license plate reader. Training Funding in the amount of $109,340 has been allocated to the Fire Department to conduct two training courses: NFPA Rope Rescue Technician and NFPA Structural Collapse Tecmician. Rope Rescue Technician is a five-day course designed to meet certification requirements based on National Fire Protection Association (NFPA) Standard 1006. This training includes the participant's ability to evaluate, manage, and perfomi a technicak rope rescue. After completion of this course students will take written and skills tests per NFPA 1006 job performance requirements. Structural Collapse Techician is an eight-day 80-hour course designed to meet certification requirements based on National Fire Protection Association (NFPA) 5-2 2021-03-23 Agenda Packet Page 97 of 165 RESOLUTION NO. RESOLUTION OF THE CITY COtJNCIL OF THE CITY OF CHULA VISTA ACCEPTING $249,694 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREAS SECURITY n',TITIATIVE GRANT PROGRAM WHEREAS, the City of San Diego Office of Homeland Security, who administers the Urban Areas Security Initiative (UASI) grant program, has notified tbe City of the fiscal year 2010 UASI award in the amount of $249,694; and WHEREAS, the UASI program addresses the unique multiple-discipline planning, organization, equipment, training, and exercise needs of high-threat, higli-density Urban Areas, aiid ASSISTS these Areas in building an enhanced and sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism; and WHEREAS, the fiscal year 2010 UASI funds will purchase communications, protection, detection and computer equipment in the amount of $140,354 that will be used by the City's first responders; and WHEREAS, the UASI funding will also allow the Fire Department to conduct Rope Rescue Technician and Structural Collapse Technician training courses. NOW, THEREFORE, BE IT RESOLVED tlie City Council of the City of Chula Vista does hereby accept $249,694 from the U.S. Department of Homeland Security and appropriate $29,340 to personnel services, $191,783 to supplies and services and $28,571 to capital of the Federal Grants Fund for the Urban Areas Security Initiative. Presented by: David Bejarano Police Chief Approved as to form by: City Attorney 5-4 2021-03-23 Agenda Packet Page 98 of 165 AnACt-lMff'lT D RESOLUTION N0. 20] 1-012 RESOLUTION OF THE CITY COtJNCIL OF THE CITY OF CHULA VISTA ACCEPTING $249,694 FROM THE U.S- DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM WHEREAS, the City of San Diego Office of Homeland Security, who administers the Urban Areas Security Initiative (UASI) grant program, has notified the City of the Fiscal Year 2010 UASI award in the amount of $249,694; and WHEREAS, the UASI program addresses the unique multiple-discipline planning, organization, equipment, training, and exercise needs of high-threat, higl'i-density Urban Areas, and assists these areas in building an enhanced and sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism; and WHEREAS, the Fiscal Year 2010 UASI funds will purchase communications, protection, detection and computer equipment in the amount of $140,354 that will be used by the City's first responders; and WHEREAS, the UASI funding will also allow the Fire Department to conduct Rope Rescue Technician and Structural Collapse Technician training courses. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $249,694 from the U.S. Department of Homelarid Security and appropriate $29,340 to personnel services, $191,783 to supplies and services and $28,571 to capital of the Federal Grants Fund for the Urban Areas Security Initiative. Presented by Approved as to form by David Bej Police Chief 2021-03-23 Agenda Packet Page 99 of 165 Resolution No. 2011-012 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 1st day of February 2011 by the following vote: AYES: Councilmembers:Aguilar, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST:Cheryl :!x,'A4( Lp,t,<a- X A7q,yx DonnaR. Norris, CMC,'C'ity C/Jerk ST ATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2011-012 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 1st day of February 2011. Executed this 1st day of February 201 1. Donna R. Norris, CMC, City Clerk 2021-03-23 Agenda Packet Page 100 of 165 ATT ACtlMftlT t-%% lv0fi3 MEMORANDUM OF UNDERSTANDING AMONG SANDAG-ARjlS AND MEMBER AGENCIES FOR USE AND ACCESS OF REGIONAL DATA IN AUTOMATED REGIONAL JUSTICE INFORMATION SYSTEM ENTERPRISE This Memorandum of Understanding ("MOU" or "Agreement") is made and entered into between the San Diego Association of Governments, a California Public Agency ("SANDAG"), on behalf of the Automated Regional Justice Information System, a California Joint Powers Agency ("ARJIS"), collectively referred to herein as "SANDAG-ARJIS," Contributing Member Agencies ("CMAs") that contribute law enforcement data to the ARJIS Enterprise, and Participating Member Agencies ("PMAs") and is made with reference to the following: RECffALS WHEREAS, SANDAG is empowered to enter into this MOU on behalf of ARJIS pursuant to the ARJIS Joint Powers Agreement and the California Public Utilities Code sedion 132354; and WHEREAS, the CMAs, as defined in Part 1.A. of this MOU, are empowered to enter into this MOU for the sharing of criminal justice information pursuant to California Penal Code Sections 11105 and 13300 and California Government Code Sections 26600, 26602, and 41601 and other statutes; and WHEREAS, the CMAs asked SANDAG-ARJIS to develop and execute this MOU in order to share law enforcement information stored in the ARJIS Enterprise database, known as the ARJIS Operational Store (405) and any other data repository, system, tools or applications residing behind the ARJISNET firewall, (including but not limited to COPLINK, i2 Analyst Notebook, SRFERS (State, Regional, Federal Enterprise Retrieval System), License Plate Reader data, Tactical Identification System (TACIDS), and the COGNOS reporting system), collectively referred to as "ARJIS Enterprise"; and WHEREAS, the PMAs are ex-officio members of the ARJIS Joint Powers Agency (JPA) with law enforcement responsibilities that can be given permission to query information stored in ARJIS Enterprise, but do not themselves contribute crime and arrest incident data; and WHEREAS, implementation of this MOU will substantially further the public safety, health, and welfare. NOW, THEREFORE, it is mutually ageed by and between the undersigned parties as follows: 1.OVERVIEW A. Background i ARJIS hosts a complex law enforcement information system that contains information about a variety of official police incidents generated by the law enforcement agencies in the San Diego region. There are currently eleven CMAs providing crime, arrest, and other incident data to ARJIS (with one of those agencies, the San Diego Sheriff's Department, providing contract services to nine incorporated cities within San Diego County). 2. Additionally there are 55 other ARJIS member agencies that do not currently provide crime and arrest incident data to ARJIS but access ARjlS regional data and utitize ARJIS 1 2021-03-23 Agenda Packet Page 101 of 165 services These additional agencies are referred to as PMAs for the purposes of this Agreement. 3. The regional data maintained by ARJIS includes, but is not limited to, police incidents entered by the CMAs such as crime reports, arrest reports, traffic citations, traffic accidents, and field interviews. These data are maintained in the AOS as part of ARJIS Enterprise. ARJIS Enterprise resides on a private network called ARJISNET, and is protected by firewalls, access control lists, and user authentication. ARJIS meets both the California Department of Justice (CalDOJ), and Federal Bureau of Investigations Criminal Justice Information Services (FBI CJIS) network security standards. 4. The 405, as the primary ARJIS regional data warehouse for the integration and storage of San Diego regional law enforcement data, is the core component of ARJIS Enterprise designed to share regional law enforcement information. ARJIS regional data originate from the CMAs and are standardized and integrated to provide a comprehensive criminal justice view for the region. Regional data stored in ARJIS Enterprise is used for tactical day-to-day law enforcement activities as well as regional and agency specific analyses. In addition to the regional tools and applications, some CMAs have purchased and/or developed their own applications and have requested global access to the regional ARJIS data to employthese products. B. Purpose 1. The parties hereby aqree that any mutual data access or exchange that occurs among them will be used for the sole purpose of law enforcement investigative analysis and crime analysis. 2. Moreover, the purpose of this MOU is to set forth the policies and the procedures for the sharing of law enforcement information by the participating CMAs and PMAs, including the declaration of ownership, warranties, allocation of liabilities, and policies governing the use of shared information C. Acceptable Use Policies 1. SANDAG-ARJIS has adopted, and will continue to adopt and update Acceptable Use Policies (AUPs), which set forth conditions under which ARJIS systems may be accessed and defining how they are maintained. AUPs are not operational policies that govern the use in the field of data obtained using ARJIS systems by law enforcement agencies as those policies are the responsibility of the CMAs and PMAs. The AUPs are prepared with input from ARJIS member agencies and are intended to delineate where the roles and responsibilities of SANDAG-ARJIS end and other agencies' begin. The AUPs also are intended to clarify that SANDAG-ARJIS should not be liable for the conduct of a law enforcement officer in the field. As such, the CMAs and PMAs who are parties to this MOU hereby agree to comply with existing, added and updated AUPs and understand that their respective continued agreement to comply with the AUPs is a condition of continued access to ARJIS Enterprise. The AUPs adopted as of the time of execution of this MOU are attached as MOU Exhibit 1. 2. A copy of proposed amendments to an AUP or any new AUP shall be forwarded by SANDAG-ARJIS to the official representative of each signatory to this MOU at the same time as the proposed amendments are mailed as a report attachment to the agenda for recommendation for approval by the SANDAG Public Safety Committee (PSC). The proposed draft amendment or new AUP also shall be posted on the ARJIS website. The final version of all AUPs shall be posted on the ARJIS website after adoption by the SANDAG Board of Diredors. 2 2021-03-23 Agenda Packet Page 102 of 165 3. If at any time a CMA or PMA fails to comply with an AUP or indicates that it anticipates or condones non-compliance with an AUP, that party may be deemed in material breach of this MOU by SANDAG-ARJIS. D. Governance of ARJIS 'I. ARJIS is a JPA and is governed by the terms of a joint powers agreement, by any policies passed and adopted by the ARJIS governing board, and by the statutes, ru)es, regulations, policies or procedures that govern SANDAG. SANDAG serves as the Administrator of the JPA. 2. The ARJIS governing board is the SANDAG Public Safety Committee (PSC), formed under SANDAG Board Policy No. 026, and advises the SANDAG Board of Directors on matters concerning ARJIS and the SANDAG Criminal Justice Division. The Chiefs'/Sheriff's Management Committee is a standing committee established to support the PSC. Each member of the Chiefs'/Sheriff's Management Committee (all are CMAs) has an equal vote; and is authorized to forward recommendations to the PSC on policies and procedures set forth in this MOU. 3. The Chiefs'/Sheriff's Management Committee appoints members to standing working groups known as the Technical and Business working groups. The membership of these working groups is composed of representatives of each of the eleven CMAs. Each member of these working groups has one vote. These working groups kbrward technical and administrative recommendations to the Chiefs'/Sheriff's Management Committee. 4. Most policy decisions must be made by the SANDAG Board of Directors, including approvals of AUPs. Typically, matters begin in the Chief's/Sheriff's Management Committee, which makes a recommendation to the PSC. The PSC then either makes a final decision or the matter is sent to the SANDAG Board of Directors in accordance with Board Policy No. 026. 5. Pursuant to Government Code Section 6509, which requires that the powers of a JPA be limited by the legal restrictions placed upon a named member of the JPA, the powers of ARJIS are subject to those legal restrictions imposed upon SANDAG by the Constitution of the State of California and the laws governing SANDAG. II. OWNERSHIP, ENTRY AND MAINTENANCE OF INFORMATION A. Each CMA retains sole ownership, responsibility and exclusive control and disposition over the content of the information it contributes, and may, at will, at any time, update, correct or delete any of its information in the ARJIS Enterprise entirely. All system entries are identifiable to the CMA that contributes the entries. The content of the information remains the sole responsibility of the CMA that contributed the data, under an express promise of confidentiality. B. Each CMA shall maintain "system discipline," defined as the maintenance of information in the ARJIS Enterprise that is 1) timely, 2) accurate, 3) complete and 4) relevant. (n order to maintain system discipline, contributors shall submit data, induding any updates or changes to the original submission, while performing modifications as often as a contributor can feasibly execute them. C, Each CMA has the sole responsibility for ensuring data entered into the ARJIS Enterprise has been obtained in compliance with federal, state, local, and/or tribal laws. Data must be 3 2021-03-23 Agenda Packet Page 103 of 165 -l pertinent to and within the scope of the authorized law enforcement function of the CMA and meet ARJIS security standards. D. Each CMA agrees that police incident data entered and/or uploaded to the ARJIS Enterprise is a copy or summary of information stored in and managed by the entering CMA's own records system(s), and that the contributing CMA is solely responsible and accountable for the accuracy and timeliness of the information it has submitted. Each CMA that is the source of the information should make every effort to ensure the contributed data reflects the substance of the source records. The data in ARJIS shall conform to ARJIS validations and standards. E. ARJIS provides a suite of tools, to all member agencies (CMAs and PMAs) to access the regional data for the purposes of conducting complex investigative analyses and crime analysis functions. In addition, ARJIS provides crime statistics, crime mapping, and other applications to assist ARJIS member agencies and enhance the efficiency and effectiveness of their operations. Although ARJIS makes a good faith effort to ensure these tools, statistics, maps, applications, and all other information it provides to CMAs and PMAs are accurate and that the SANDAG-ARJIS systems are available for use at all times, SANDAG-ARJIS is a conduit for information prepared by others, which relies on the accuracy and timeliness of data prepared by others in order to allow sharing of data among agencies. Therefore, SANDAG- ARJIS disclaims any responsibility for the accuracy, correctness, or timeliness of the data. In no event shall SANDAG-ARJIS become liable to users of these data, or any other party, for any loss or damages, consequential or otherwise, including but not limited to time, money, or goodwill, arising from the use, operation or modification of the data. In using these data, users further agree that SANDAG-ARJIS shall have no liability of any nature arising out of or resulting from the lack of accuracy, correctness, or timeliness of the data, or the use of the data. F. ARJIS programs may enhance and add value to the incident information provided by the CMA, including such functions as GEO Coding and data classification for UCR (Uniform Crime Reporting) reporting, as well as programmatic links between records and indexes. This added value, generated by the ARJIS programming and codes, is not reflected in the CMA's source data. CMAs will be allowed access to this va(ue-added data through the AOS. G. ARJIS shall follow the California mandated guidelines and purge most incident records 7 years from the record creation date. There are some record types that are excluded from purging or that are purged more often in accordance with laws or policies specific to record types. These are set forth in relevant AUPs or outlined in the 'Peace Officer Standards and Traininq Law Enforcement Records Management Guide", which SANDAG-ARJIS shall follow. H. PMAs may at any time request authorization to contribute crime, arrest, and other incident data to ARJIS. If the request receives a recommendation from the Chiefs'/Sheriff's Management Committee and an approval from the SANDAG Public Safety Committee, which serves as the ARJIS Board of Directors, the PMA may become a CMA for purposes of its treatment under this MOU in accordance with such other terms and conditions that may be required by SANDAG-ARJIS. ACCESS TO, DISCLOSURE AND USE OF INFORMATION The parties to this MOU agree: http://lib.post.ca.gov/Publications/RecordsManagementGuide.pdf 4 2021-03-23 Agenda Packet Page 104 of 165 11, 11%, A. To authorize every other CMA that has signed this MOU access to its law enforcement incident information shared in ARJIS Enterprise. B. To authorize PMAs that have signed this MOU to access and utilize ARJIS regional data only via the established ARJIS applications such as COPLINK; PMAs may not extract, export, or use the ARJIS regional data with their own apptications. There may be instances where some or all of the ARJIS regional data is requested by PMAs. These requests must be made using the ARJIS Data Request Form (Exhibit 2). The ARJIS Director will review each request on a case-by-case basis. A summary of data requests received will be provided as part of the quarterly ARJIS Management Report to the Chiefs'/Sheriff's Management Committee and the SANDAG Public Safety Committee, which serves as the ARJIS Board of Directors. PMAs also may request data extracts for a variety of purposes to include special studies, special analyses for specific investigations, and/or to populate an application not residing at ARJIS using this process. C. To ensure that the use of ARJIS regional data is in accordance with applicable federal, state, and local statutes and complies with FBI CJIS Security policies, and CalDOJ Practices, Policies, and Procedures. D. To authorize agency personnel access to ARJIS regional data, only after receiving appropriate training, and only when personnel have a legitimate need to know the information for an authorized and legal law enforcement purpose. Specifically, ARjlS regional data may be used to develop investigative and crime analyses. E. That under no circumstance is a CMA or PMA to publicly report statistics using data from another jurisdidion obtained through operation of this MOU without prior written authorization from the CMA(s) which own(s) the data. This includes StatiSticS of any kind for the entire jurisdiction or part of the jurisdiction; Uniform Crime Reporting (UCR) statistics and non-UCR statistics; and internal studies, published studies, maps or grant projects. F. That the California Public Records Act (CPRA), commencing at Section 6250 of the Government Code, and other applicable statutes and case law, provides for public inspection and copying of "public records." The CPRA also identifies various records that are exempt from disclosure, including many related to law enforcement and public safety. These include, but are not limited to records of investigations, security information, critical infrastructure information, peace officer records, criminal offender records, and the names and addresses of victims of specified crimes. G. That each CMA or PMA that receives a request for data or information, whether via a CPRA request or otherwise, that it has obtained via access through ARJIS, but which it does not own or is not the originating source, shall not release that information or data, but may refer the requestor to the CMA that is the source. Any CMA or PMA that receives a court order to release information in the ARJIS Enterprise which originated from another CMA shall (a) immediately provide a copy of the court order to the CMA that originated the information and to their Agency California Law Enforcement Telecommunications System (CLETS) Coordinator (ACC) or their designate and (b) request input from the originating CMA regarding the nature of any objections it feels it would be appropriate to make to the court; and 3) submit to the court in a timely manner all reasonable objections to the provisions of the underlying request. The originating agency shall reimburse the court ordered CMA or PMA all reasonable costs associated with the challenge or objection to the order that are not reimbursable by the requester within thirty days of being provided a detailed invoice of costs. H. Language in Section 18(b) of the ARJIS Joint Powers Agreement provides that SANDAG-ARJIS does not own the records of the ARJIS member agencies and may not disclose ARJIS member agency records without their permission: 5 2021-03-23 Agenda Packet Page 105 of 165 .. ffil- If pursuant to agreement, SANDAG-ARJIS serves as custodian of data it does not own, that data shall presumptively remain the property of the contributing entity and may not be treated as a public record. The ARJIS may not disclose electronic data or other intellectual property for which it is a custodian to third parties without the approval of the entity that owns the property. The CPRA, however, generally provides that records prepared, owned, used, or retained by an agency such as SANDAG-ARJIS can be public records and as a result SANDAG-ARJIS receives records requests for records it does not own, but has retained. The Parties agree that SANDAG-ARJIS shall not have liability for Claims (as defined in Section Vlll) arising from it providing responses to public records requests for records that are housed on SANDAG-ARJIS servers, but that were created and are owned by other agencies ("Non-SANDAG Records"). SANDAG-ARJIS does retain Non-SANDAG Records in its role as the Administrator, but it does not prepare, own or have the right to control the use of the records with regard to disclosure to non-parties, either directly or through another person. Accordingly the costs and liabilities associated with producing or refusing to produce Non-SANDAG Records should fall to the owner(s) of those records rather than SANDAG-ARJIS. Furthermore, pursuant to Government Code sections 6254(f) and 6255, ARJIS regional records should qualify for exemptions from the CPRA. In the event SANDAG-ARJIS receives a request for records or information owned by a CMA, whether via a CPRA request or otherwise, it shall follow these procedures: 1. SANDAG-ARJIS will contact the Agency CLETS Coordinator (ACC) or his/her designate for the owner of the Non-SANDAG Records and request that the owner provide a written response to SANDAG-ARJIS within three business days regarding whether to provide the records, or withhold the records based one or more statutory exemptions that shall be identified by the CMA. 2. SANDAG shall respond based on the record owner's discretion and direction. Notwithstanding the foregoing sentence if the owner does not respond within the timeframe requested by SANDAG-ARJIS or the records requested belong to more than one owner and the owners are not unanimous in the direction provided to SANAG- ARJIS, SANDAG-ARJIS will exercise its own discretion regarding whether to release the Non-SANDAG Records. 3. If SANDAG-ARjlS does not release some or al1 of the Non-SANDAG Records and SANDAG-ARJIS receives a court order to release records or information in the ARJIS Enterprise that originated from a CMA SANDAG-ARJIS shall (a) immediately provide a copy of the court order to the CMA that originated the information and to its ACC or designate and (b) request input from the originating CMA regarding the nature of any objections it feels it would be appropriate to make to the court; and 3) submit to the court in a timely manner all reasonable objections to the provisions of the underlying request. The originating CMA shall reimburse SANDAG-ARJIS all reasonable costs associated with the challenge or objection to the order within thirty days of being provided a detailed invoice of costs. In the event SANDAG-ARJIS is a party to litigation due to a public records request or its condud taken in accordance with this section of this MOU, the provisions of Section Vlll (B)(4) shall apply. 6 2021-03-23 Agenda Packet Page 106 of 165 IV.USER ACCESS A. Login Application Process Each CMA and PMA shall appoint its own ACC (or their designate) who is responsible for management of user accounts at that CMA or PMA. An overall agency-specific Network System Administrator also will be identified to assist with any ARJISNET network issues. In order to access ARJIS regional data and any of the ARJIS applications, each user must submit a request for a user login identification ("login 10") and password to their Agency ACC (or their designate). Each CMA and PMA agrees that for use of all ARJIS regional data and applications, users shall meet the guidelines specified in Section V.C. of this document and be authorized to access and review police incident data for legitimate purposes. The ACC (or their designate) may deny or revoke individual access in their sole discretion. B. Login Assignment Each individual user of ARJIS regional data at a CMA and PMA will be issued a login ID and a default password by their ACC (or their designate). Users also may be assigned to groups that have different access rights to the information in the system based on the level of restriction of the information. C. Provisions of Policy Each agency shall be responsible for ensuring each and conditions of this MOU. Each CMA and PMA comply with the provisions of the SANDAG-ARJIS ARJIS databases. D. Audit Traii of their authorized users knows the terms shall require each of its users to agree to AUPs prior to being granted access to any l For each CMA or PMA accessing ARJIS regional data directly, each transaction will be logged and an audit trail created and maintained by SANDAG-ARJIS for a minimum of three years, in conformance with the CalDOJ Policies, Practices, and Procedures, attached hereto as MOU Exhibit 2. All monitoring of successful and unsuccessful ARJIS logon attempts, file access, correlations, transaction types, and password changes will be established and maintained by SANDAG-ARJIS regardless of access means. All audit trail files shall be protected to prevent unauthorized changes or destruction. Requests for audits shall be made in writing through the requestor's chain-of-command to their ACC (or their designate), and forwarded to SANDAG-ARJIS for processing. 2. Each CMA and PMA receiving an export of ARJIS data to utilize through its own applications, will be responsible for providing audit capabilities that meet the Cal DOJ Policies, Practices, and Procedures, and will maintain the audit logs for a minimum of three years. This will include making available the activity history for individual users when a request is made in writing through the requestor's chain-of-command to their ACC (or their designate). CMAs and PMAs must ensure that all audit trail files will be protected to prevent unauthorized changes, unauthorized destruction and unauthorized dissemination. E. Termination of Logins CMAs and PMAs, through their ACCs (or their designates) will be responsible for immediate suspension and/or removal of any login accounts of users who leave the CMAs or PMAs employment, face disciplinary action, or have failed to meet the requirements for access to the Login Application Process. 7 2021-03-23 Agenda Packet Page 107 of 165 i*. V. SECURITY A. All CMAs must comply with the CalDOJ and FBI CJIS practices, policies, procedures, and guidelines as they relate to the access and use of justice data, when applicable. B. Each CMA and PMA will be responsible for designating the employees who should have access to ARJIS regional data. This MOU was developed with security in mind, and each CMA and PMA should ensure that access to system information is in accordance with Section III.C-D and all other provisions of this MOU, and that all information is treated as law enforcement sensitive. C. Each CMA and PMA agrees to use the same degree of care in proteding the information accessed under this MOU that it exercises for its own sensitive information. Each CMA and PMA agrees to restrict access to such information to only its officers, employees, detailees, agents, representatives, task force members, contractors/subcontractors, consultants, or advisors with a "need to know" such information for the performance of their duties and only to the extent permitted by law. Each of these persons will have passed background clearances and met all requirements as required by local, state and federal statute to allow access and use of the secured data. These requirements a1so apply to SANDAG-ARJIS and its officers, employees, agents, representatives, contractors/subcontractors, consultants, or advisors with aneed to know such information. D. CMAs and PMAs are responsible for training those users authorized to access ARJIS regiona) data on the use and dissemination of information obtained from the system (for example, CORI). Specifically, users must have a clear understanding of the need to verify the reliability of information with the source agency that contributed the information, when using the information for purposes such as obtaining search and arrest warrants, affidavits, subpoenas, etc. Parties must also fully brief accessing users regarding the proscriptions for using third party information Vl.SYSTEM ACCESS A. Network Access Access to ARJIS regional data will be provided utilizing the secure ARJISNET network. Alf CMAs and PMAs are to ensure that all end user and sub-administrator workstations accessing ARJIS regional data and/or servers that CMAs and PMAs utilize to store ARJIS regional data shall utilize recognized industry-standard anti-virus, firewall, and user authentication software. Terminals that access the ARJISNET network should follow the same guidelines required by CLETS. B. System Availability The ARJIS regional data will be available on a 24-hour-a-day, 7-days-a-week basis with downtime limited to those hours required for any necessary system maintenance activities. The parties agree to inform each other in advance, whenever possible, of scheduled system downtimes. In cases of unscheduled outages, all efforts will be made to make notice to all users and parties that the outage has occurred (including estimated outage length) and notice will be given when applications have been returned to normal operation. Vll.SANCTIONS A. Violation of an AUP or of any Enterprise or ARJIS regional data law or regulation applicable to access to or use of ARJIS (hereinafter referred to as "Misuse") by a party to this MOU 8 2021-03-23 Agenda Packet Page 108 of 165 or one of its staff or agents, whether authorized or unauthorized, may lead to suspension or termination of an agency or particular user's access to ARJIS Enterprise. B. In the event a party to this MOU discovers suspected or actual Misuse of ARJ)S Enterprise or ARJIS regional data, it will immediately inform the Director of ARJIS, who will in turn immediately notify the SANDAG Director of Technical Services and SANDAG Executive Director. In the event SANDAG-ARJIS discovers suspected or actual misuse of ARJIS Enterprise, the Director of ARJIS will immediately notify the SANDAG Director of Technical Services, the SANDAG Executive Director, and the member agency. The SANDAG Director of Technical Services, in consultation with the Director of ARJIS or their designees, and with input from the subject CMA or PMA, will determine whether to suspend or terminate access and if so for whom the suspension or termination will apply and will notify the affeded member agency. The affected member agency will be notified of the decision by SANDAG-ARJIS and then will have 10 calendar days to appea1 the decision to the SANDAG Executive Director. The Executive Director shall have final decision-making authority, however, such decision shall be reported out to, and subject to ratification or modification by, the PSC at its next regular meeting. C. Any supervisor, law enforcement officer, employee, agent, representative, task fqrce member, contrador/subcontractor, or consultant, who by virtue of his employment or official position, has possession of, or access to, ARJIS regional data that contain individually identifiable information, the disclosure of which is prohibited by law, agreement, this MOU, the AUPs, rules, or regulation and who, knowing that the disclosure of the information is prohibited, willfully or recklessly discloses the material in any matter, including oral communication, may be prosecuted or fined under any applicable federal or state law, or may be subject to administrative or disciplinary action by their member agency. D. An individual CMA's or PMA's participation in this MOU also may be terminated involuntarily by a decision of the SANDAG Board of Directors for repeated failures to meet the terms of this MOU or an AUP. The terminated CMA or PMA will continue participation, financial or otherwise, up to the effective date of termination. Vlll.INDEMNIFICATION A, Indemnification Related to Workers Compensation and Employment Issues 1. CMAs and PMAs, and each of them (which for purposes of this Section Vl(I, shall include their officers, officials and employees), shall fully indemnify and hold harmless SANDAG- ARJIS, its officers, employees and agents, from any claims, losses, fines, expenses (including reasonable attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of CMAs or PMAs, or each of them, or any contract labor provider retained by CMAs or PMAs, or each of them, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters), which is brought by an employee of a CMAs or PMAs, or each of them, or any contract labor provider retained by a CMAs or PMAs, or each of them. 2. SANDAG-ARJIS (which for purposes of this Section Vlll shall include its officers, officials and employees) shall fully indemnify and hold harmless CMAs or PMAs, or each of them, its officers, employees and agents, from any claims, losses, fines, expenses (including reasonable attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or g 2021-03-23 Agenda Packet Page 109 of 165 other workers compensation proceeding arising from or related to, or claimed to arisefrom or relate to, employment, which is brought by an employee of SANDAG-ARJIS orany contract labor provider retained by SANDAG-ARJIS, or (2) any claim, demand, suit orother proceeding arising from or related to, or claimed to arise from or relate to, thestatus of employment (including without limitation compensation, demotion,promotion, discipline, termination, hiring, work assignment, transfer, disability, leave orother such matters), which is brought by an employee of SANDAG-ARJIS or any contrad labor provider retained by SANDAG-ARJIS. B. Defense And Indemnity; Acts And Omissions Claims, Actions or Proceedings Arising From Acts or Omissions of One or More CMAs orPMAs Each CMA and PMA hereby agrees to defend and indemnify SANDAG-ARJIS, its agents, officers and employees, from any claim, action or proceeding against SANDAG-ARJIS, arising out of the acts or omissions of said CMA or PMA, its agents, officers or employees in the performance of this MOU, and all expenses of investigating and defending against same, provided, however, that a CMA's or PMA's duty to indemnify and hold harmless shall not include any claim or liability arising from the estabiished sole negligence or willful misconduct of SANDAG-ARJIS, its agents, officers or employees. At its sole discretion, SANOAG-ARJIS may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve the CMA or PMA of any obligation imposed by this MOU. SANDAG-ARJIS shall notify affected CMA(s) or PMA(s) promptly of any claim, action or proceeding and cooperate fully in the defense. 2. Claims, Actions or Proceedings Arising From Acts or Omissions of SANDAG-ARJIS SANDAG-ARJIS hereby agrees to defend and indemnify the CMAs and PMAs, their agents, officers and employees, from any claim, action or proceeding against one or more CMAs or PMAs, arising out of the acts or omissions of SANDAG-ARJIS, its agents, officers or employees in the performance of this MOU, and all expenses of investigating and defending against same with the limitations described in subsection B(4), provided, however, that SANDAG-ARJIS's duty to indemnify and hold harmless shall not include any claim or liability arising from the established sole negligence or willful misconduct of CMAs or PMAs, or their agents, officers or employees. At its sole discretion, an affected CMA or PMA may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve SANDAG-ARJIS of any obligation imposed by this MOU. CMA or PMA shall notify SANDAG-ARJIS promptly of any claim, action or proceeding and cooperate fully in the defense. 3. Claims, Actions or Proceedings Arising From Concurrent Acts or Omissions CMAs and PMAs hereby agrees to defend themselves, and SANDAG-ARJIS hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of one or more CMAs or PMAs and SANDAG-ARJIS with the limitation described in subsection B(4). In such cases, CMAs, PMAs and SANDAG-ARJIS agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in subsection 5 below (referring to joint defense agreements and reimbursement and/or reallocation). 4. Presumption of Defense And Indemnification of SANDAG-ARJIS by CMA(s) or PMA(s) When SANDAG-ARJIS Is Named As a Party to a Claim, Action or Proceeding In Certain Circumstances 10 2021-03-23 Agenda Packet Page 110 of 165 The relevant CMAs or PMAs shall indemnify, defend, and hold SANDAG-ARJIS harmless where the asserted SANDAG-ARJIS liability is based on one or more of the following three circumstances: (1) A third-party sues SANDAG-ARJtS based on its contractual relationship with the CMAs and PMAs under this MOU; (2) A third-party sues SANDAG-ARJIS due to its possession or use of records or information owned or originated by one or more CMAs or PMAs; (3) The conduct alleged to be that of the SANDAG-ARJIS is, in fact, the conduct of one or more CMAs or PMAs. Unless there is a conflict of interest as between SANDAG-ARJIS and the relevant CMA(s)/PMA(s): the relevant CMA(s)/PMA(s) shall control litigation strategy and selection and retention of defense counsel; the relevant CMA(s)/PMA(s) shall keep SANDAG-ARJIS's Office of General Counsel apprised of the status of the matter, which shall include advance discussion of any proposed terms of settlement; and SANDAG-ARJIS shall reasonably cooperate in the defense. 5.Joint Defense Notwithstanding subsection 3 above, in cases where one or more CMAs or PMAs and SANDAG-ARJIS agree in writing to a joint defense, CMAs, PMAs and SANDAG-ARJIS may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of SANDAG-ARJIS, CMAs and PMAs. Joint defense counsel shall be selected by mutual agreement of the effected parties. The affected parties agree to share the costs of such joint defense and any agreed settlement in equal amounts, except that the parties further agree that none of the parties to the joint defense may bind the other(s) to a settlement agreement without the written consent of the other(s). Additionally, where a tria) verdict or arbitration award, in a joint defense case, allocates or determines the comparative fault of the parties, the parties may seek reimbursement and/or reallocation of defense costs, judgments and awards, consistent with such comparative fault. IX.DISPUTE RESOLUTION Disputes among any of the parties arising under or relating to this MOU shall be resolved via consultation at the lowest practicable level by and between the affected parties and sponsoring agencies (or as otherwise may be provided under any separate governance procedures). If such parties are unable to resolve their dispute at the lowest practicable level, the dispute shall be referred to the PSC for a resolution. If the PSC is unable to resolve the dispute, the matter shall be referred to the SANDAG Board of Directors. Only if the PSC and Board of Diredors are unable to resolve the parties' dispute may the disputing parties seek judicial resolution of their dispute. Each affected party will pay the fees of its respective legal counsel, accountants, advisors, etc., as well as all of its respective out-of-pocket costs and expenses. X. OPERATING COSTS A. Unless otherwise provided herein or in a supplementary writing, each CMA and PMA shall bear its own costs in relation to this MOU and continued participation in or access to ARJIS Enterprise System is conditioned upon timely payment of those costs by each CMA and PMA. Even in circumstances in which a party has agreed (or later does agree) to assume a particular financial responsibility outside of those responsibilities covered by this MOU, the affected party's express written approval must be obtained before the incurring by another of each expense associated with the responsibility. All obligations of and expenditures by the parties 11 2021-03-23 Agenda Packet Page 111 of 165 will be subject to their respective budgetary and fiscal processes and subject to availability offunds pursuant to all laws, regulations, and policies applicable thereto. The parties expresslyacknowledge that this MOU in no way implies that any funds have been, or will beappropriated for such expenditures. B. Any ARJIS system enhancements, modifications, updates, or implementation of new featuresto enhance regional ARJIS applications must be reflected either in the annual SANDAG-ARJIS overall work plan and budget, or in an amendment thereto. After approval by the PSC and ifnecessary the SANDAG Board of Directors, costs associated with these enhancements will bebilled to CMAs and PMAs in accordance to criteria set forth in the ARJIS Joint PowersAgreement. Invoices will include reasonable documentation explaining the expenses incurred. XI.TERM OF AGREEMENT A. This MOU shall be effedive as of the last signature date of at least five of the CMAs and willbe reviewed every three years thereafter for updates and consistency with applicable statutesand policies. B. For parties who join subsequent to the date in Section 1(B)(1 ), this MOU shall become effectivewhen it has been signed by the parties' duly authorized representatives and countersigned bySANDAG-ARJIS. C. In the event that one or more CMAs or PMAs withdraw their participation from this MOU andare no longer parties to this Agreement, this MOU shall survive and continue to be fullyeffective and will bind the parties that remain signatories. D. The MOU will terminate automatically when all members have withdrawn their participationfrom the MOU. E. Upon termination for cause or convenience, the terminated party's access to ARJIS Enterpriseand ARJIS regional data also shall be terminated. F. All rights, obligations, responsibilities, limitations, and other understandings with respect tothe disclosure and use of all information received during a party's participation in this MOUshall survive any termination. Xll.VOLUNTARY WITHDRAWAL OF MEMBERSHIP Any CMA or PMA may withdraw from this MOU upon ninety (90) days written notice to the PSC. Allrights, obligations, responsibilities, limitations, and other understandings with respect to thedisclosure and use of all information received during a CMAs or PMAs participation in this MOUshall survive any termination. XHI.AMENDMENT OF MOU This MOU may be amended by a written document signed by all parties. No oral understanding oragreement shall be binding on the parties. xgv.SEVERABILITY This MOU is subject to all applicable laws and regulations. If any provision of this MOU is found byany court or other legal authority, or is agreed upon by the parties, to be in conflict with any (aw orregulation, then the conflicting provision shall be considered null and void. if the effect ofnullifying any conflicting provision is such that a material benefit of this MOU to either party is lost, 12 2021-03-23 Agenda Packet Page 112 of 165 then the MOU may be terminated at the option of the affected party, with the notice as required in this MOU. In all other cases, the remainder of this MOU shall be severable and shall continue in full force and effect. XV.NO THIRD-PARTY BENEFICIARIES This MOU is intended solely for the benefit of the parties to this MOU. Any benefit to any third party is incidental and does not confer on any third party to this MOU any rights whatsoever regarding the performance of this MOU. Any attempt to enforce provisions of this MOU by third parties is specifically prohibited. XVI.WAIVER A waiver by a party of a breach of any of the covenants to be performed by party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this MOU. In addition, the failure of either party to insist upon strict compliance with any provision of this MOU shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by a party of either performance or payment shall not be considered a waiver of the other party's preceding breach of this MOU. XVII.AUTHORITY OF S€GNATORY TO BIND ENTITY By signing below, each signatory warrants and represents that he/she executed this MOU in his/her authorized capacity and that by his/her signature on this MOU, he/she has the legal authority, or has received such authority from the entity, to bind the entity upon whose behalf he/she executed this MOU. We the undersigned hereby agree, on beha)f of our respective offices, agencies, districts and departments, to this Memorandum of Understanding and certify that the agreement made herein will be honored. This Memorandum of Understanding may be executed in counterparts. IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding by the signatures of the duly authorized representative of each CMA and PMA on the dates indicated. A photocopy or facsimile signature is as valid as the original. SANDAG-ARJIS Gary L. Gallegos, Executive Director SANDAG-ARJIS Date Julie Wiley, Special Counsel SANDAG-ARJIS Date 13 2021-03-23 Agenda Packet Page 113 of 165 City of Carlsbad Title: City of Carlsbad City Attorney City of Carlsbad City of Coronado Title: City of Coronado City Attorney City of Coronado City of Chula Vista City Attorney City of Chula Vista City of EI Cajon Title: City of EI Cajon City Attorney City of EI Cajon Date Date Date Date '7-z9zr& Date Date Date Date 14 2021-03-23 Agenda Packet Page 114 of 165 City of Escondido Title: City of Carlsbad City Attorney City of Carlsbad City of La Mesa Title: City of La Mesa City Attorney City of La Mesa City of National City Title: City of Nation City City Attorney City of National City Date Date Date Date Date Date 15 2021-03-23 Agenda Packet Page 115 of 165 City of Oceanside Title: City of Oceanside City Attorney City of Oceanside Unified Port of San Diego Title: Unified Port of San Diego Attorney Unified Port of San Diego County of San Diego Title: County of San Diego County Counsel County of San Diego .- a'.ffi'i- -.- Date Date Date Date Date Date 16 2021-03-23 Agenda Packet Page 116 of 165 City of San Diego Title: City of San Diego City Attorney City of San Diego PMA signature pages to follow Date Date 17 2021-03-23 Agenda Packet Page 117 of 165 MOU Exhibit 1 A Automated Regional Justice Information System (ARjlS) Acceptable Use Policy for Facial Recognition Revised: 02/1 3/2015 2021-03-23 Agenda Packet Page 118 of 165 A. STATEMENTOFPURPOSE The purpose of this document is to outline the responsibilities of the Automated Regional Justice Information System (ARJIS) in its role as a law enforcement information technology services provider for mobile facial recognition efforts in San Diego County. ARJIS has implemented a regional facial recognition system known as Tactical Identification System (TACIDS) in support of law enforcement efforts to enhance positive identification and improve public safety. ARjlS provides the secure network infrastructure, technical standards, security protocols, controlled access, database administration, and configuration of mobile devices for access to this system. Included in the support of the secure infrastructure are ongoing system procedures, maintenance, user access, and security monitoring of the circuits, hubs, routers, firewalls, databases, etc. These components that comprise the ARJIS Enterprise ensure the priority, integrity, and availability of services to authorized law enforcement users. This Acceptable Use Policy sets forth rules restricting how TACIDS may be accessed and defines how it is maintained by ARJIS. The Regional Facial Recognition Operational Protocol under development by the San Diego County Chiefs' and Sheriff's Association outlines facial recognition best practices and standard operating procedures for those agencies that utilize facial recognition in the field. B. FACIAL RECOGNITION OVERVIEW Facial recognition refers to an automated process of matching facial images, utilizing algorithms and biometric scanning technologies. A biometric indicator is any human physical or biological feature that can be measured and used for the purpose of automated or semi-automated identification During enrollment, the facial recognition system acquires a facial image and measures distinctive characteristics including but not limited to the distance between the eyes, width of the nose, and the depth of the eye sockets. These characteristics are known as nodal points and each human face has multiple nodal points recognizable by facial recognition software. The nodal points are extracted from the facial image and are transformed through the use of algorithms into a unique file called a template. A template is a reduced set of data that represents the unique features of the enrolled person's face. For identification purposes, the facial recognition system compares the biometric template created from the image captured in the field with all biometric templates stored in the database. For verification purposes, the biometric template of the claimed identity will be retrieved from the database and compared with the biometric template data created from the recently captured facial image. 1. Specification of Use There are two primary objectives of the TACIDS application. The first is assisting in the identification of individuals who have been detained based on reasonable suspicion, and are lacking and/ or not forthcoming with their identification, or who appear to be using someone else's identification or a false identification. Often times, these situations require officers to escort individuals to a police station to verify their identification. This is a time consuming process that involves taking police resources off the streets which can impact resource 2 2021-03-23 Agenda Packet Page 119 of 165 availability and subsequent response time. TACIDS enhances field operations in these cases. The second objective is to assist in identifying persons who are incapacitated or otherwise unable to provide identification, including deceased or incapacitated individuals. Officers from authorized agencies use an ARJIS enabled tablet or smartphone to access TACIDS to take a photograph of the individual. Once the photo has been submitted to TACIDS, a biometric algorithm compares the image to the local San Diego booking database (currently about 1.4 million images) and potential matches are returned within 10 to 15 seconds, in ranked order, based on the confidence level of the match. The confidence score is mathematically calculated based on the accuracy of the biometric algorithm. If the system determines that there are potential matches, the photo captured in the field and the matching booking photos can be viewed side by side to further assist the officer in determining whether there is an actual match. Data from the booking records are displayed along with the images to assist the officer in identifying the individual. All potential matches are considered advisory in nature and any subsequent verification of the individual's identify and/or follow-on action should be based on an agency's standard operating procedures. 2. Privacy and Data Quality 2a. Privacy Prior to the implementation of TACIDS, in December 2010, ARJIS participated in a Privacy Impact Assessment (PIA) effort led by the International Justice and Public Safety Network, in cooperation with the United States Department of Homeland Securily. This effort involved the review of existing local, state, and federal laws, and the resulting PIA contributed to the development of this Policy. Access to and use of TACIDS data is for official law enforcement purposes only. Accessing and/or releasing data from TACIDS for non-law enforcement purposes is prohibited. TACIDS data access and use is governed by the California Department of Justice (CalDOJ) California Law Enforcement Telecommunications System (CLETS) Polices, Practices and Procedures (PPP) (current rev. 09/2014), via a Master Control Agreement (MCA) between the San Diego County Sheriff's Department (Sheriff) and ARJIS. The CLETS PPP further references the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Policy (current rev. 5.3, 8/4/2014). 2b. Source Data and Photo Enrollment Method ARJIS relies on the Sheriff's booking system to provide the booking images and associated data fields that are utilized in the system for matching of field-generated photos. The booking images conform to National Institute of Standards and Technology standards. Each booking photo is enrolled by utilizing a complex mathematical algorithm to convert the photo into a set of alphanumeric characters that represent the features on the subject's face. These photos are received daily from the Sheriff through a secure automated interface. The photos are stored in a regional database, hosted, and 3 2021-03-23 Agenda Packet Page 120 of 165 maintained by ARJIS. Only select ARJIS authorized technical staff has access to the booking photo database. 3. Data Limitation The TACIDS system exists for the sole purpose of identifying individuals for authorized public safety purposes. The photographs taken in the field are matched only against the Sheriff's booking photo database. No other databases, such as drivers' licenses photo databases, arelinked to or accessible via TACIDS. In addition there is no interface of TACIDS to any form of video surveillance. 4. Performance Evaluation In addition to audit reports, ARJIS staff regularly monitors the TACIDS system for performance, reliability, and functionality. Staff also provides system generated management reports for the participating agencies that highlight agency use, the number of matches with a 90 percent orbetter confidence rating, and any technical ISSUES identified during the reporting period. Other system-generated reports are produced on an as-needed basis. 5. Transparency and Notice ARJIS is a Joint Powers Agency governed by the San Diego Association of Governments (SANDAG) Public Safety Committee, which includes elected officials representing thesubregions of San Diego County and public safety officials. The acquisition of TACIDS was a competitively bid procurement. A PIA was completed and published prior to implementation of TACIDS. This policy, the associated PIA, and other governing documents are currently posted on theARJIS website - ARJIS.org. 6. Security ARJIS is responsible for the maintenance of the TACIDS server, software upgrades, network infrastructure, and the coordination of system access. TACIDS is hosted within the ARjlS secure infrastrudure and is physically located in a secured law enforcement facility with multiple layers of physical security and 24n security protections. Physical access is limited to authorized personnel that have completed background investigations and completed the relevant FBI CJIS training. ARJIS utilizes strong multi-factor authentication, encrypted communications, firewalls, and other reasonable physical, technological, administrative, procedural, and personnel security measures to minimize the risks of unauthorized access to the system. ARJIS meets both the CalDOJ CLETS and FBI CJIS Security Policies, which include certified FIPS 140.2 compliance (u.s. Government computer security standard), antivirus, and mobile device management software. The ARJIS mobile platform currently provides a set of statically 4 2021-03-23 Agenda Packet Page 121 of 165 assigned (P address blocks to each regional agency, and working with the mobile data partners, ARJIS has established a Mobile Provider Network (MPN). The MPN solution provides a pathway for any device that is provisioned with the ARJIS MPN configuration to directly conriect arid route data from the mobile device, to the carrier's cellular tower and straight through to the ARJIS network, without interruption. ARJIS chose to use statically assigned IP addresses specifically to address any potential security concerns and to maintain the most complete control over the network and data security. This also provides ARJIS with the ability to control the flow of data traffic to the device. Effectively, ARJIS considers any device provisioned within the ARJIS MPN solution to be a client device, and as such maintains several layers of security that allow ARJIS to stop, re-route, or terminate service to any one agency at any time, while continuing to provide service to other participating agencies. Since ARJIS is responsible for device configuration and IP assignment, ARJIS is able to immediately suspend or terminate a device without relying on mobile carriers to make changes. 7. Retention, Access, and Use Of Facial Recognition Data 7a. Retention Data retained within TACIDS includes the following, with corresponding retention periods: 1, Initial booking records, inc(uding booking photos that are sent by the Sheriff - this data is owned and managed by the Sheriff, who sets its retention schedule 2. Internal roster of system users - continually maintained and updated as users are added/deleted 3. Activity logs - retained for a minimum of three years 4. Images on mobile devices - deleted per the law enforcement agencies' Regional Facial Recognition Operational Protocol schedule (currently proposed at 24 hours) 7b. Requirements for All Users Accessing TACIDS Prior to utilizing TACIDS an agency must comply with the following: Be an ARJIS public safety member agency Be a CLETS-certified agency Comply with applicable FBI CJIS security policies Designate a security officer, responsible for authorizing system access and managing user accounts 5 2021-03-23 Agenda Packet Page 122 of 165 . .-ffi.-. Only those authorized law enforcement personnel who have met the minimum requirements of completing CLETS certification, FBI CJIS Security Awareness Training, and background checks required for access to criminal justice data may access TACIDS. Authorization is managed by each agency's security officer. Authorized users must have an ARJIS account and are mandated to follow the procedures for establishing complex passwords that must be changed every 90 days. TACIDS users are required to sign an agreement upon issuance of a TACIDS-enabled device certifying that they have read and will comply with this Policy. All access and use is logged and subject to audit in accordance with the procedures outlined in the audit sedion below. 7c. Use of TACIDS Data TACIDS is to be used solely to assist law enforcement officers in the identification of individuals consistent with the Specification of Use set forth above. Potential matches presented by TACIDS are considered advisory in nature and any subsequent verification of the individual's identify and/or follow-on action should be based on an agency's standard operating procedures. 8. Auditing and Accountability TACIDS also includes preset queries to the database for auditing and other tracking functions. Capabilities include: tracking accounts, general usage, session logs, enrolled devices, and other key system components. Access to, and use of, facial recognition data is logged for audit purposes. Audit logs shall be maintained for a minimum of tmee years. Audit reports are structured in a format that is understandable and useful and will contain at minimum: The name and ARJIS ID of the law enforcement user; The name of the agency employing the user; The date and time of access * A copy of the biometric template created at the time of the photo capture ARJIS will provide specific information regarding individual access and query upon request from the associated member agency. Identifying and addressing intentional misconduct is the responsibility of the individual agency. Notwithstanding the agency's responsibility with regard to misconduct, ARJIS reserves the right to enforce this Policy as described below. 9. Enforcement of Policy Violation of this Policy by an ARJIS member agency or its staff may lead to suspension or termination of an agency or particular agency staff person's access to TACIDS. In the event a 6 2021-03-23 Agenda Packet Page 123 of 165 member agency discovers suspected or actual misuse of TACIDS, it will immediately inform the Director of ARJIS, who will in turn immediately notify the SANDAG Director of Technical Services and SANDAG Executive Director. In the event ARJIS discovers suspected or actual misuse of TACIDS, the Director of ARJIS will immediately notify the SANDAG Director of Technical Services, the SANDAG Executive Director, and the member agency. The Technical Services Director, in consultation with the Director of ARJIS, or their designees, will determine whether to suspend or terminate access and if so for whom the suspension or termination will apply and will notify the affected member agency. The affected member agency will be notified of the decision by SANDAG and then will have 10 calendar days to appeal the decision to the SANDAG Executive Director. The Executive Director shall have final decision- making authority. 10. Policy Revisions The Acceptable Use Policy for Facial Recognition will be brought to the SANDAG Public Safety Committee and the SANDAG Board of Directors at least once per year for review and determination regarding the need for amendments. Updates regarding the TACIDS system will be provided to the SANDAG Public Safety and Chiefs'/Sheriff's Management Committees annually or upon request. 11. Indemnification Each user of the TACIDS system (User) agrees to indemnify and hold SANDAG and ARJIS, and each of their personnel, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party in connection with or arising out of use of the TACIDS system, User's violation of any terms or conditions of this Policy, User's violation of applicable laws, regulations or other policies, or User's violation of any rights of another person or entity. The term "Users" is defined to include each agency accessing the TACIDS system, as well as each individual person with access to the TACIDS system. 7 2021-03-23 Agenda Packet Page 124 of 165 MOU Exhibit 'l B Automated Regional Justice lnformation System (ARJIS) Acceptable Use Policy for the Regional License Plate Reader System Revised: 02/1 3/2015 2021-03-23 Agenda Packet Page 125 of 165 Jql,l II , ,, ,i ii , A.STATEMENT OF PURPOSE The purpose of this document is to outline the responsibilities of the Automated Regional Justice Information System (ARJIS) in its role as a law enforcement information technology provider for the Regional License Plate Reader (LPR) data storage system (LPR system). ARJIS, in cooperation with local, state, and federal law enforcement agencies, maintains a regional server as a LPR data repository in support of law enforcement efforts to improve pubtic safety. ARJIS provides the secure network infrastructure, technical standards, security protocols, controlled access, and database administration for the LPR system. Included in the support of the secure infrastructure are ongoing system updates, maintenance, disaster recovery, and security monitoring of the circuits, hubs, routers, firewalls, databases, and other components that comprise the ARJIS Enterprise, ensuring the priority, integrity, and availability of service to authorized law enforcement users. This Acceptable Use Policy sets forth rules restricting how the LPR system may be accessed by authorized user agencies (agencies) and defines how the LPR system is maintained by ARJIS. The Regional LPR Operational Protocol under development by the County Chiefs' and Sheriff's Association outlines LPR best practices and standard operating procedures for those agencies that utilize LPR in the field. B.IPR OVERVIEW LPR data is collected by agencies utilizing specially-designed cameras to randomly capture an image of a vehicle license plate and convert the plate characters into a text file using optical character recognition technology. The text file can then be sent to a computer and compared against pre-existing data files, such as databases containing records of stolen or wanted vehicles as well as vehides associated with AMBER alerts, missing children, wanted subjeds, or other criteria. If a match is found, the LPR user (law enforcement officer or agency) is notified by an audible alert and an associated notation on the user's computer screen. LPR cameras can be mobile (mounted on vehicles) or fixed (mounted to a structure) as determined by the agency that owns the cameras. Mobile LPR systems scan plates, notify the user of a vehicle alert, and store the plate scan data for upload or transfer to an agency LPR server or the regional LPR server. LPRs in fixed positions link to an LPR server at the agency owning the fixed camera for updates, transmission of scanned plate data in real- time or near-real time, and alert notifications. The LPR data from agency LPR servers is replicated (copied) to the regional server in near real time. The alerting functionality resides with the agencies, not with ARJIS. The alert lists against which license plate reads are checked may include (but are not limited to) the Stolen Vehicle System and Felony Warrants System, provided by the California Department of Justice (Cal DOJ); and downloaded four times a day. LPR users are required to take into account the potential for lag time between the last update and an alert provided by the LPR system on a stolen or wanted vehide. Any alert provided by an LPR system is to be considered informational and advisory in nature only and any subsequent adion in the field will be based on a law enforcement 2 2021-03-23 Agenda Packet Page 126 of 165 agency's standard operating procedures. Specification of Use Recognizing the public safety benefits that could be achieved by the effective sharing of LPR data, ARJIS established a regional server accessible to authorized agencies capable of receiving and storing LPR data as well as providing query and alerting functions. The data is transferred to the regional server via wireless or hard-wired encrypted communications. Some of the agencies send their scanned plates directly to the regional server, while most of the larger agencies send their LPR scans to their agency-specific server first. The data is then uploaded to the regional server, in near-real time. The plates scanned by the LPR systems are stored in a stand-alone regional server. The regional server is designed to meet Federal Bureau of Investigation Criminal Justice Information System (FBI CJIS) and Cal DOJ requirements, policies, and procedures, and is not connected to any other server. The LPR system is restricted to legitimate criminal justice uses for the purpose of furthering law enforcement goals and enhancing public safety. There are two primary objectives of LPR data use in the region. The first is to identify stolen or lost vehicles and license plates, and wanted or missing persons, by matching the LPR data to the alert lists downloaded by Cat DOJ. The second objective is the ability to query LPR data to aSSist officers with ongoing criminal investigations, crime prevention and detection, and aid in the prosecution of crimes involving vehicles. LPR data is queried only if there is a reasonable suspicion that a vehicle is involved in criminal activity and the requestor has a legitimate need to know. Privacy and Data Quality 2a. Privacy In October 2008, prior to the implementation of the LPR system, ARJIS participated in a Privacy Impad Assessment (PIA) effort led by the International Association of Chiefs of Police. This effort involved the review of existing local, state, and federal laws, and American Civil Liberties union privacy concerns. The resulting PIA, published in 2009, provided background for the development of this Policy. Access to and use of LPR data is for official law enforcement purposes only. Accessing and/or releasing data from the LPR system for non-law enforcement purposes is prohibited. LPR data access and use is governed by the Cal DOJ California Law Enforcement Telecommunications System (CLETS) Polices, Practices and Procedures (PPP) (current rev. 09/2014), via CalMaster Control Agreement between the San Diego County Sheriff's Department (Sheriff) and ARJIS. The CLETS PPP further references the FBI CJIS Security Policy (current rev. 5.3, 8/4/2014). The data records stored on the regional LPR server include photographs of the vehicle (close-up of the license plate and context photo of the rear of the vehicle) 3 2021-03-23 Agenda Packet Page 127 of 165 . - -" u and accompanying license plate number, date, time, and location in the field, and do not directly identify a particular person. 2b.Source Data Each agency contributing data retains control and ownership as the official custodian of its records. Prior to sending any data to the regional LPR database, an agency must comply with the following: Be an ARJIS Public Safety member agency. * Be a CLETS-certified agency. Be the owner, operator, manager, or controller of the LPR equipment that captures the contributed data. Maintain compliance with applicable FBI CJIS security policies regarding law enforcement data. Provide only LPR data that is in a format consistent with the National Information Exchange Model (NIEM) standard, or data that is readily capable of conversion to a NIEM-compliant format. * Provide LPR data that includes, at a minimum, the time, date, and location of capture as well as a unique identifier of the equipment used to capture the information. Ensure that LPR equipment utilized by the agency is in full compliance with any requirements or standards established by the United States Department of Justice in regard to LPR systems. It is recommended that agencies that do not operate their own LPR server will implement a real time or near-real time data transfer to the regional server, via encrypted communication infrastructure, approved by Cal DOJ. This ensures the timeliness and effectiveness of the alert lists and provides maximum public safety benefit. Data Limitation The regional LPR server is not to be accessed for the purpose of monitoring individual adivities protected by the First Amendment to the United States Constitution. The regional server does not contain alert lists for any of the following activities: insurance issues, parking scofflaws, deadbeat parents, and/or vehicle impounds. The LPR system exists for the sole purpose of assisting law enforcement officers with ongoing criminal investigations and only for authorized public safety purposes. 4 2021-03-23 Agenda Packet Page 128 of 165 Performance Evaluation In addition to audit reports, ARJIS staff regularly monitors the LPR system for performance, reliability, and functionality. Staff also provides system-generated management reports for the participating agencies that highlight agency use, the number of license plate reads on file, and any technical issues identified during the reporting period. Other system-generated reports are produced on an as-needed basis. Transparency and Notice ARJIS is a Joint Powers Agency governed by the San Diego Association of Governments (SANDAG) Public Safety Committee, which includes elected officials representing the sub-regions of San Diego County and public safety officials. LPR systems managed and hosted by individual law enforcement agencies existed within San Diego County prior to implementation of the LPR system. A PIA and Regional LPR Guidelines were completed prior to implementation of the LPR system. This Acceptable Use Policy, the associated PIA, and other governing documents are currently posted on the ARjlS website at ARJIS.org. Security Regional LPR data is stored in a segregated server located in a secured law enforcement facility with multiple layers of physical security and 24n security protections. Physical access is limited to law enforcement staff and select ARJIS technical staff who have completed background investigations and completed the relevant FBI CJIS state and federal training. Authorized ARJIS technical staff shall have the responsibility for managing the LPR system and associated infrastructure. ARJIS utilizes strong multi-factor authentication, encrypted communications, firewalls, and other system auditing, physical, administrative, and security measures to minimize the risks of unauthorized access to the system. Retention, Access, and Use of LPR Data 7a.Retention LPR data sent to ARJIS and stored on the regional server will be retained for a period of twelve months. The retention policy is consistent with the policies of the majority of agencies in California that have implemented LPR systems as of January 2015. Once the retention period has expired, the record will be purged from the active database. If an agency determines select LPR data is relevant to a criminal investigation, it is the responsibility of that agency to document and retain those records on its own server in accordance with the agency's policies regarding records retention. In the event California passes pending LPR legislation, this provision will automatically incorporate the retention period mandated in the legislation and will 5 2021-03-23 Agenda Packet Page 129 of 165 a supersede the 1 2-month period set forth above. 7b. Requirements for All Users Accessing Regional LPR data Various measures are taken by ARJIS to limit access to the regional LPR server to prevent unauthorized access. Only those authorized personnel who have met the minimum training, certification, and background checks required for access to criminal justice data may access the regional LPR server. These requirements concerning the security and confidentiality of all 'justice data' are set forth in the FBI CJIS Security Policy and the CLETS PPP. Authorized users must have an active account in the ARJIS Security Center, are mandated to follow the procedures for establishing complex passwords that must be changed every 90 days, and must enter a reason for access to LPR data prior to executing a query. These requirements are all built into the LPR system and are enforced using data entry fields that users must populate in order to access the regional LPR server. All queries for LPR data are subject to audit and kept in audit logs in accordance with the procedures outlined in the audit section below. 7c.Use of LPR data LPR data is for official law enforcement purposes only. Participating law enforcement agencies will not share LPR data with commercial or private entities or individuals. However, participating )aw enforcement agencies may disseminate LPR data to governmental entities with an authorized law enforcement or public safety purpose for access to such data, in accordance with existing FBI and Cal DOJ policies, and their agency's standard operating procedures. ARjlS assumes no responsibility or liability for the acts or omissions of such agencies in disseminating or making use of the LPR data. Auditing and Accountability ARJ(S has developed preset queries to the regional LPR server for auditing and other tracking functions. Included are audit capabilities for individual user activity, management reports of interface functionality and reliability, reports from session logs, and other key system metrics. Access to, and use of, LPR data is logged for audit purposes. Audit logs are maintained for a minimum of three years. Audit reports are structured in a format that is understandable and useful and will contain, at a minimum: * The name and agency of the user The date and time of access The specific data queried 6 2021-03-23 Agenda Packet Page 130 of 165 The justification for the query including a relevant case number if available at the time. ARjlS wil) provide specific information regarding individual access and queries upon request from any agency. Identifying and addressing intentional misconduct is the responsibility of the individual agency. Notwithstanding the participating agency's responsibility with regard to misconduct, ARJIS reserves the right to enforce this Policy as described below. Enforcement of Policy Violation of this Policy by an ARJIS member agency or its staff may lead to suspension or termination of an agency or particular agency staff person's access to the regionat LPR system. In the event a member agency discovers suspected or actual misuse of the regional LPR system,..it will immediately inform the Director of ARJIS, who will in turn immediately notify the SANDAG Director of Technical Services and SANDAG Executive Director. In the event ARJIS discovers suspected or actual misuse of the regional LPR system, the Director of ARJIS will immediately notify the SANDAG Director of Technical Services, the SANDAG Executive Director, and the agency. The Technical Services Director, in consultation with the Director of ARJIS, or their designees, will determine whether to suspend or terminate access and if so for whom the suspension or termination will apply and will notify the affected agency. The affected agency will be notified of the decision by SANDAG and then will have 10 calendar days to appeal the decision to the SANDAG Executive Director. The Executive Director shall have final decision-making authority. 10. Policy Revisions The Acceptable Use Policy for the Regional LPR System will be brought to the SANDAG Public Safety Committee and the SANDAG Board of Directors at least once per year for review and determination regarding the need for amendments. Updates regarding the LPR system will be provided to the SANDAG Public Safety and Chiefs'/Sheriff's Management Committees annually or upon request. 11.Indemnification Each user of the Regional LPR system (User) agrees to indemnify and hold SANDAG and ARJIS, and each of their personnel, harmless from any daim or demand, including reasonable attorneys' fees, made by any third-party in connection with or arising out of User's use of the Regional LPR system, User's violation of any terms or conditions of this Policy, User's violation of applicable laws, regulations or other policies, or User's violation of any rights of another person or entity. The term "Users" is defined to include each agency accessing the LPR system, as well as each individual person with access to the LPR system. 7 2021-03-23 Agenda Packet Page 131 of 165 - Iffial-. - Kerry Bigelow From: Sent: To: Subject: Kerry Bigelow Friday, July 08, 2016 4:23 PM Brittany.Huth@sandag.org FW: SANDAG-Automated Regional Justice Information System (ARJIS) Data Sharing Memorandum of Understanding (MOU) with The City of Chula Vista Hi Brittariy, iunderstarid t}ie signed MOU has been sent to you. Would it be possible to send back the fully signed version for our records, orice you Jiave received signatures from all interested parties? Thank you, Kerry Kerry Bigelow AsSistant City Clerk (619) 407-3590 From: Huth, Brittany Sent: Monday, lune 20, 2016 3:27 PM To: 'dnorris@chulavistaca.qov' Cc: 'dbe.iarano(a)chulavistapd.orq' Subject: SANDAG-Automated Regional Justice Information System (ARIIS) Data Sharing Memorandum of Understanding (MOU) with The City of Chula Vista Dear City Clerk Norris: The attached ARJIS Data Sharing MOU outlines the responsibilities of SANDAG and ARJ}S and the law enforcement agencies that contribute to and access data from the ARJIS Enterprise System. The MOU also incorporates Acceptable Use Po]icies (AUPs) that set forth the conditions under which ARJIS systems may be accessed, and the processing and maintenance requirements for records stored on the ARJIS Enterprise System. Contributing Member Agency (CMA, a law enforcement agency that provides law enforcement incident data to ARJIS for sharing purposes) was contacted by SANDAG-ARJIS and asked to review and agree to the terms of the draft of the MOU. The ARJIS Data Sharing MOU was reviewed by each CMA, including their respective iegal counsel, and ali terms were oral)y agreed to based on our records. The ARJIS Board and the SANDAG Board of Directors recently approved the final version of the MOU, which is enclosed. Your agency is one of the CMAs that needs to sign the MOU. SANDAG-ARJIS is sending the MOU to you as the City Clerk and seeks your assistance in ushering the agreement through your applicable approval process. SANDAG-ARJIS staff wish to thank each CMA staff and counsel for their cooperation and assistance over the past year in bringing this MOU to fruition. 1 2021-03-23 Agenda Packet Page 132 of 165 Please retum the MOU signed by a person with the authority to ]egally bind your agency. The signed signature page may be scanned and emai]ed to Brittany.Huth(isandae.org or mailed to thefollowing address: Brittany Huth San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 In addition, Police Chief David Bejarano has been cc'd on this email for his own reference to the ARJIS Data Sharing MOU documents. If you have any questions, or if your governing body desires a short presentation on ARJIS and the MOU, please contact Kurt Kroninger, SANDAG Director of Technica] Services, at 6]9-699-6996 or kurt.kroninger@sandag.org. We would be happy to answer questions or attend your meeting. SANDAG seeks to finalize this MOU by no later than October 31"'. Your assistance in the timely execution of this MOU will be grehly appreciated. Sincerely, Brittany Huth SANDAG I Contract Analyst Office: (619) 595-5669 2021-03-23 Agenda Packet Page 133 of 165 ATT ACt-lMtt'iT f i-o-uFn-u-ri-oh Imperial Counties City of Chula Vista Attn: City Clerk's Office 276 Fourth Avenue Cliula Vista, CA 91910 cityclerk@)chulavistaca.gov 619-691-5041 April 9, 2020 Re: Public Records Request seeking "Agency Data Sharing Report" contained in Chula Vista Police Department's Automatic License Plate Reader system To Records Administrator Pursuant to the California Public Records Act, California Goveri'iment Code § 6250 et seq., I write on behalf of the ACLU Foundation of San Diego & Imperial counties to request one record relating to the Chula Vista Police Department's ("the Agency") automatic license plate reader system called tlie "Agency Data Sliaring Report." The Agency uses a license plate system developed by Vigilant Solutions, Inc. Vigilant Solutions operates tlie cloud-based Law Enforcement Archival Reporting Network ("LEARN") system, which stores license plate infori'nation captured by the Agency's cameras. The "Agency Data Sharing Report" we are reqriesting contains the following information: 1. The names of agencies and organizations with which tl'ie Agency currently shares Automated License Plate Recognition (ALPR) data; 2. The names of agencies and organizations from whicli the Agency currently receives ALPR data; 3. Tlie names of agei'icies and organizations with wl'iicl'i the Agency currently shares "hot list" information; 4. Tlie names of agencies and organizations from wliich tlie Agei'icy currently receives "hot list" inforination; The sin'iplest way to extract the "Agency Data Sharing Report" is to generate a PDF file witl'iin LEARN. To do this, a user may visit the "Sharing" section of LEARN and select "Output Repoit." Tlie instructions for extracting tliis data is described on pages 62-63 of the LEARN Agency Manager Griide, which can be found at this link: littps://www.documentcloud.org/documents/3860685-LEARN-5-1-Agency-Manager-Guide.html An example of tlie Agency Data Sharing Report may be found at this link: littps://www.documentcloud.org/documents/3936113-Palos-Verdes-Estates-Police-Departtnent- Data.litml 2021-03-23 Agenda Packet Page 134 of 165 If yori have any issues retrieving the Agency Data Sharing Repoit, a CSV/XLS file containing infon'nation concetning numbers I to 4 above would also satisfy this request. Because this request is on a matter of public conceian, and the ACLU Foundation of San Diego & Imperial Coruities is a nonprofit public interest organization, we request a fee waiver. See North Cty. Parents Ass'n v. Dep't of Ed., 23 Cal. App. 4th 144 (1994). We also request tliat the "Agency Data Sharing Repoit" be provided in electronic fori'nat. According to the California Public Records Act, a response is required within 10 days. Thank you for your prompt attention to this matter. Please furnish all the applicable record to us at sthompson(,aclusandiego.org in electronic format or, if necessary, at Sarah Thompson, 3235 % McKinley Street, San Diego, CA 92104. Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days. Sincerely yours, Sarah Tliompson Border Litigation Fellow/Staff Attorney ACLU Foundation of San Diego & Imperial Counties 2021-03-23 Agenda Packet Page 135 of 165 '71[r_;y,i<-r-,_ iy I Agency X,;a"'a',,.=.! 4 € . (ji4 l..l '%! natal TSThA::n: _RNeTnorrt ___ . "'Wj4M v V C' I s '' iil #M I !i #."ax;;ffi z r#C J l,:l (j u Q W';00k! -1. 4 , .( _) ' fflll '= '- -' ---------------------=- ---i %' 1 p.,... ::_................_.......................,............ A TT A /' N kA e NT /" ' " --'' "= a s a W @ (W Date Created: 04-10-20 LEARN Agency Data Sharing Report Page I of 292021-03-23 Agenda Packet Page 136 of 165 Agency Baker County Sheriff Baldwin County Sheriffs Office Banks County Sheriffs Office Bartow County Sheriffs Office Batesville PD Beachwood Police Beaumont Police Department Bell Gardens Police Department Belleville Police Department (NJ) Ben Hill County Sheriffs Office Bergen County Prosecutors Office (NJ) Bessemer Police Department Bexar County Constables (Demo) Biloxi Police Department (MS) Birmingham Police Department Bloomingdale Police Department Blue Ridge Police Department Boca Raton Police Department Boone County Sheriff Office Bossier City PD Bowdon Police Department Brazoria County Constables Office Brentwood Police Department Bridge City Police Department Bronxville Police Department Brooks County Sheriffs Office Bakersfield Police Department Ball Ground Police Department Bartlett Police Department Bartow Police Department Bay Area Rapid Transit Police (CA) Beacon Police Department Beaumont Police Department (TX) Bell Police Department Belvedere Police Department Bensalem Township Police Department Bernardsville Police Department Beverly Hills Police Department Bexar County Sheriffs Office (TX) Binghamton Police Department Blairsville Police Department Blue Mound Police Department Blythe Police Department Bolivar Police Department Boonville Police Department Bossier Sheriffs Office Branson Police Department Brea Police Department Brentwood Police Department CA Bristol Township Police Department Brookhaven Police Department Broome County Sheriffs Office Buena Park Police Department Buffalo Police Department Date Created: 04-1 0-20 LEARN Agency Data Sharing Report Page 2 of 292021-03-23 Agenda Packet Page 137 of 165 A'f>'lf'i'fA!'h"""'h'!"""';.=:',..:.._""-' h. 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I I I I I 11 I I I 1111 I l II 11 _ I I I I l 11{ I If II II 111111 l_ _ _ l l I I a ll_l II l I I till Ill 1111 I _l l I a 4 €ff A €%l Citrus Heights Police Department City of Burleson Municipal Court City of Garrett Police Department City of Vidor Clackamas County Sheriffs Office Clarkstown Police Department (NY) Clayton County Sheriffs Office Clayton Police Department CA Climax Police Department Cobb County Police Department Cockrell Hill Police Department College Park Police Department Collier County Sheriffs Office Colorado State Patrol (CO) Comer Police Department Concord Police Department (CA) Conroe Police Department Conyers Police Department Coppell Police Department Coral Springs Police Department Coronado Police Department (CA) County of San Mateo Sheriffs Office Coweta County Sheriffs Office (CSU) Crowley Police Department Cuba Police Department MO Cypress Police Department Dallas Police Department City of Kirby City of White Police Department Claremont Police Department (CA) Clayton County Police Department Clayton Police Department (MO) Cleburne Police Department Clovis Police Department Cochran Police Department Cohutta Police Department College Station Police Department Collins Police Department Colquitt Police Department Commerce City Police Department Conecuh Sheriffs Department Contra Costa County Sheriffs Cook County States Attorney (IL) Coral Gables Police Department Corona Police Department Costa Mesa Police Department Covington Police Department Coweta County Sheriffs Office CSU Fullerton Police Department Cumming Police Department Dallas City Marshal (TX) Dallas Police Department (Ga) Danville Police Department CA Daphne Police Department LEARN Agency Data Sharing Report Page 4 of 29Date Created: 04-1 0-202021-03-23 Agenda Packet Page 139 of 165 Darien Police Department IL Decatur Police Department DeKalb County Police Department Delta Regional Auto Thefi Team (CA) Denton County Sheriff Office Department of Labor 01G (DOL 01G) Department of Veterans Affairs Police DeSoto Police Department TX DHS - HSI (Houston) DHS - HSI - New Orleans Dillard Police Department District 21 Drug Task Force Donalsonville Police Department Doraville Police Department Douglas County Sheriff (CO) Douglasville Police Department Downey Police Department Drug Task Force 1 7th Judicial District (TN) Dublin Police Department (OH) Dublin Police Department Dunwoody Police Department East Chicago Police Department Echols County Sheriffs Office Edwardsville Police Department9i EI Dorado County Sheriff EI Segundo Police Department (CA) Darien Police Department Deer Park Police Department Delaware County Sheriffs Office (OH) Demorest Police Department Denton Police Department Department of Transportation - Phoenix (AZ) Des Peres Police Department DFW Airport DHS - HSI (Newark NJ) Dickinson Police Department Dilley Police Department Doerun Police Department Dooly County Sheriffs Office Dothan Police Department Douglas County Sheriffs Office Downers Grove Police Department Drug Enforcement Agency (NATL) Dryden Police Department Dublin Police Department CA Duluth Police Department Dutchess County Sheriff East Dublin Police Department Edinburg Police Department EI Cajon Police Department (CA) EI Paso Police Department Elgin Police Department Elk Grove Police Department Elk Grove Village Police Department (IL) Date Created: 04-10-20 LEARN Agency Data Sharing Report Page 5 of 292021-03-23 Agenda Packet Page 140 of 165 T\!ii!'li;>y l"""! ly I Agency X.,z_a..',.fJJaaR !, ,'-k==W,iJXm. ..,D.ataSharingReport . ...Y'! WV :"4%j2Mg k'.d X !ff j JhFi!:!N!!'! ;;. l.* 0+a I * m Immmtll € biaaarmi l I 11 I I 1111 11 11 u l I I _ I I I l I I l l I I X I I 11 lalll I I 111 fflm l l Ill ffi,,-d Ws s I m fflf: Elmhurst Police Department Emanuel County Sheriffs Office Emeryville Police Department Escondido Police Department Fairfield Police Department CA Fannin County Sheriffs Office Fayette CO TX SO Fayetteville Police Department Federal Bureau of Investigation Fitzgerald Police Department Flint Police Department Folsom Police Department Forsyth County Sheriffs Office Fort Bend County Sheriffs Office Fort Worth Police Department Franklin County Sheriff Freeway Safety Network - EAST BAY Fresno Police Department Fullerton Police Department Fulton County Police Department Gallatin Police Department (TN) Galveston Auto Theff Task Force Gardena Police Department Geary County Sheriff Giddings Police Department Glen Ellyn Police Department (IL) Glendora Police Department Enfield Police Department (CT) Evergreen Park Police Department (IL) Fairrield Police Department CT Farmers Branch Police Department Fayette County Sheriffs Office FBI - Chicago Federal Way Police Department Flemington Police Department Foley Police Department Fontana Police Department Fort Bend CO TX Narcotics Task Force Fort Lauderdale Police Department Fountain Valley Police Department Franklin County Sheriffs Office Fresno County Sheriffs Office (CA) Frisco Police Department Fullerton Police Department - DEMO Gainesville Police Department Gait Police Department Garden Grove Police Department Gaston Police Department Georgia Tech Police Department GJPD Glendale Police Department AZ Glenn County Sheriffs Office (CA) Golden Beach Police Department Goodyear Police Department (AZ) Date Created: 04-1 0-20 Page 6 of 29LEARN Agency Data Sharing Report2021-03-23 Agenda Packet Page 141 of 165 ''!!";.'.":"""'..- a....., 'J:':"""'A'!%>m l,, l' k i![lf4 IHR'A":,i"'-il%,! DataS"hqerinnocyRonort "Thi':.: m),7u';@q,M..ffi'aM!!!!i M 7'l< (M .,Os}4.Q,-=,,. , 11. m&ll u . u . . _ _ . . . , in , u , l uni " '= !E&;';QJ Grand Prairie Police Department Grants Pass Department of Public Safety Grantville Police Department Greenburgh Police Department Greenville Police Department (TX) Griffith Police Department (IN) Grosse Pointe Park Public Safety Grundy County States Attorney Office Guadalupe County Sheriffs Office Gulfport Police Department Habersham County Sheriffs Office Hamilton County Sheriff (IN) Hampton County Sheriffs Office Hardin County Sheriffs Office Harris County District Attorneys Office (TX) Hawthorne Police Department Heflin Police Department (AL) Henderson Police Department Hermosa Beach Police Department HIDTA - Central Valley California Highland Police Department Hillsboro Police Department Hinesville Police Department Hiram Police Department Holly Springs Police Department Hollywood Police Department (Fl) Homestead Police Department (PA) Greece NY Police Department Greene County sheriffs Office Gresham Police Department Grosse Ile Police Groton Police Department Guadalupe County Constables Gulf Shores Police Department Gwinnett County Police Department (GA) Hagan Police Department Hammond Police Department Hapeville Police Department Harlem Police Department Harris County Sheriffs Office Hayward Police Department Hemet Police Department (CA) Hendersonville Police Department Hickory Hills Police Department Highland Park Dept of Public Safety (TX) Hill Country Village Police Department Hillsborough County Sheriffs Office Hinsdale Police Department Hogansville Police Department Hollywood Park Police Department Homerville Police Department Homewood Police Department Honolulu Police Department Hoover Police Department Date Created: 04-1 0-20 Page 7 of 29LEARN Agency Data Sharing Report2021-03-23 Agenda Packet Page 142 of 165 i'ffl'K""t____._"':";/h's,_l'J_fxl %ency S=p;='.':mA:fflN 5. 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County Sheriffs Dept La Mesa Police Department LA Port Police La Verne Police Department Lafayette Police Department (CA) Date Created: 04-10-20 Page 8 of 29LEARN Agency Data Sharing Report2021-03-23 Agenda Packet Page 143 of 165 -y. grit. 'l!la',-s;!ll_ll,=(:=:-='-=-'J'.71l'-."l ' .__' - '-:%=%,,fl_!E_H:,ri 1,-V!'!!'iIMk" N [)stag"'hqerinnncyRonnrt XJ's:'(i4%6Y1 :at) "iia-ji- "tj)!!%lI Lc ha a '_riWffi !_-!"4'l %a w r.a fl. Lafayette Police Department (LA)Laguna Beach Police Department Lake City Police Department Lake Mills Police Department (Wl) Lake St Louis Police Department Lakeway Police Department Lancaster County Sheriffs Office Lansing Police Department (IL) Lee County Alabama Sheriffs Office Lee County Sheriffs Office (GA) Leesburg Police Department Lewisville Police Department Liberty County Sheriffs Office Lincoln County Sheriff MO Lincolnton Police Department Livermore Police Department Locust Grove Police Department Logan County Sheriffs Office (KS) Lombard Police Department Long County Sheriffs Office Los Angeles CLEAR (CA) Los Angeles World Airport Police (LAX) Loves Park Police Department Lufkin Police Department Lumpkin Police Department Madera Police Department Mahanoy Township Police Department Lake County Sheriffs Office (IL) Lake Ozark Police Department Lakeland Police Department Lamar County Sheriffs Department Lanier County Sheriffs Office Las Vegas Metro Police Department Lee County Sheriffs Office Lees Summit Police Department Leslie Police Department Lexington County Health Services Liberty County Sheriffs Office (TX) Lincoln Police Department (CA) Lithonia Police Department Livingston County Sheriffs Office (Ml) Lodi Police Department Loganville Police Department Long Beach Police Department Los Alamitos Police Department Los Angeles County Sheriff Lovejoy Police Dept Lowndes County Sheriffs Office Lumberton Police Department Macomb Auto Theft Squad Madison County Sheriffs Office (MS) Malvern Police Department Manchester Police Department Manhattan Beach Police Department LEARN Agency Data Sharing Report Page 9 of 29Date Created: 04-1 0-202021-03-23 Agenda Packet Page 144 of 165 Ia'::=7Q.la_aa!lxl "genoy X,.":''t':$'rear!ilt!JRt. If=r'Q-l' L N Data Sharing Report g:Ngp;,7 'l,'@,l i. ,' ! :O k...l lffiX!j'M: 9Wz &%l Wtta_utU"14a #a W #!)iM Manheim Township Police Department Mansfield Police Department (TX) Manteca Police Department (CA) Maplewood Police Department Maricopa County District Attorneys Office (AZ) Marietta Police Department Marion Police Department MARTA Police Department Martinsville Police Department Maryland State Police- BATTF McDonough Police Department McEwen Police Department McKinney Police Department Medford Police Department Merced Police Department CA Meriwether County Sheriffs Office Mesquite Police Department Metro Police Department (TX) Metter Police Department (DEMO) Miami Dade Police Department Miami Police Department Midlothian Police Department Mill Valley Police Department CA Millen Police Department Milton Police Department Missouri Police Chiefs Association Monroe County Sheriff NY Maple Grove PD Maricopa County Attorney (MCAO) Maricopa Police Department Marin County Sheriffs Office Marshallville Police Department Martinez Police Department CA Martinsville Police Department (IN) Maryville Public Safety McDuffie County Sheriffs Office Mclntosh County Sheriffs Office McRae-Helena Police Department Meigs Police Department Meridian Police Department Mesa Police Department Mesquite Police Department (NV) Metter Police Department Miami Beach Police Department Miami Dade Police Dept (Data) Midland Police Department (TX) Midwest City Police Department Millburn Police Department Miller County Sheriffs Office Missouri City Police Department Modesto Police Department (CA) Monroe County Sheriffs Office Monroe Police Department Monrovia Police Department (CA) Date Created: 04-10-20 Page 10 of 29LEARN Agency Data Sharing Report2021-03-23 Agenda Packet Page 145 of 165 'fi'M&"aa't")j":%.'-(ai_'_ Wiii -y.J-l-":m$% t !J' l:l"'inI PI . .. .., !'.7'A'%l"a'.-l'yl "g6nc)' %..A_<,_' !!'%.:i l '%' Data Sharinn Ronnrt X:'s ;i 2: Th$girj;i Mdm!!=.ffilt!4!?',"""' " -- - """"""" YT! - .'-"l ii t i I l Q I - ri hit i i i i n i i i i i n xi n ii_ i i i _ i inn n _ i i i i w i n i in gi_i _ _ _ m vsm a___j_a I i m 441 Montebello Police Department Monterey Park Police Department Montezuma Police Department Montgomery Police Department Moultrie Police Department Mount Vernon Police Department Munster Police Department Murrieta Police Department Nacogdoches County Sheriffs Office (TX) Naperville Police Department Nelson Police Department Nevada Police Department New Brighton Public Safety New Castle County Police Department New Lenox Police Department (IL) New York State Office of the Attorney General Newark Police Department (NJ) Newport Beach Police Department Newton County Sheriffs Office Niagara Falls Police Department NJ State Police RTCC North West HIDTA (WA) Northeast Florida Fusion Center Northfield Township Police Department (Ml) Norwalk Police Department Nutley Police Department NYC Department of Investigation Montgomery County EMA (OH) Morton Police Department Mounds View Police Department Mundelein Police Department (IL) Murray County Sheriffs Office Muscogee County Marshals Office Nacogdoches Police Department Nassau County Sheriffs Department (FL) Network 3 lllinois New Bern Police Department New Canaan Police Department New Castle Police Department New York State DCJS New York State Police Newark Police Department DE Newton County Prosecutors Office (IN) Niagara County Sheriff (NY) Nicholls Police Department Norman Park Police Department Northbrook Police Department (IL) Northern California Regional Intelligence Center (CA Northumberland County Sheriffs Office Novato Police Department NY-MTA Police NYPD Real Time Crime Center Oak Brook Police Department (IL)Oakley Police Department LEARN Agency Data Sharing Report Page 14 of 29Date Created: 04-'10-202021-03-23 Agenda Packet Page 146 of 165 Agency Oceanside Police Department (CA) Ogden Police Department Ohio Bureau of Criminal Investigation Omega Police Department Ontario Police Department Orange County District Attorney (CA) Orange County Sheriff (TX) Orange Police Department Orange Police Department TX Oro Valley Police Department Ossining Police Department Ouachita Parish Sheriffs Office (LA) Oxnard Police Department Palm Springs Police Department (CA) Paradise Valley Police Department Parke County Sheriffs Office Pasadena Police Department (TX) Peachtree City Police Dept Pearl River County Sherrifs Office Pearson Police Department Pembroke Police Department Pensacola Police Department Perryville Police Department Phoenix Police Department Pima County Sheriff Pine Mountain Police Department Office of Inspector General - DC Oglethorpe Police Department (GA) Oliver Police Department Ontario County Sheriffs Office Opelika Police Department Orange County Sheriff Orange County Sheriffs Department Orange Police Department (CT) Orinda Police Department Osage Beach Police Department Oswego County Sheriffs Office Overland Police Department Palm Beach County Sheriffs Palos Verdes Estates Police Department Paramus Police Department Pasadena Police Department (CA) Pascagoula Police Department Pearl Police Department Pearland Police Department Pelham Police Department (GA) Pendergrass Police Department Perry Police Department Petaluma Police Department (CA) Pike County Sheriffs Office Pine Lake Police Department Pitt County Sheriffs Office Pittsburg Police Department CA Placentia Police Department Date Created: 04-at 0-20 Page 12 of 29LEARN Agency Data Sharing Report2021-03-23 Agenda Packet Page 147 of 165 Agency Data Sharing Report Plains Police Department Piano Police Department Pleasant Hill Police Department Pleasanton Police Department Polk County Sheriff Polk County Sheriffs (ND12LEARN) Pomona Police Department Pooler Police Department Poplar Bluff Police Department Port Arthur Police Department Port of Long Beach Powder Springs Police Department Prince Georges County Police Prosper Police Department Putnam County Sheriff Queens County District Attorneys Office (NY) Ramsey County Sheriffs Rancho Viejo Police Department (TX) Rankin County Sheriffs Office Ray City Police Department Red Bluff Police Department Red Oak Marshals Office Redlands Police Department (CA)Redondo Beach Police Department Redwood City PD Reeve County Sherriffs Office Register Police Department Reidsville Police Department Reno Police Department Rhode Island State Police Richardson Police Department Richland Police Department Richmond County Sheriffs Office Richmond Police Department Ridgeland Police Department Rincon Police Department Ringgold Police Department Riverdale Police Department Riverside County District Attorneys Office (CA)Riverside County Sheriffs Department (CA) Riverside Police Department Riverside Police Department (MO) Rockdale County Sheriff Rockford Police Department Rocklin Police Department (CA)Rockville Centre Police Department Rockwall County Sheriffs Rohnert Park Police Department CA Rolla Police Department Roseville Police Department (CA) Roswell Police Department Round Rock Police Department (TX) Rowlett Police Department (TX)Sacramento County District Attorneys Office (CA) Date Created: 04-10-20 LEARN Agency Data Sharing Report Page 13 of 292021-03-23 Agenda Packet Page 148 of 165 ffl'!_.('A>b._r=_ lx a Agency S .ziZ'3).ifJt\!ii)l y' ".ry,,l.i'W'- Daf'lShan'ngRepOrf YtXsg C II!!A!!!Z j ,.T 0 'Lj ::; r B9 §l P.';.'.t;.:.....i....iw.'i.x.t._...._<ii.i.__.___<ui_.____._i_.i..ii__._a...i_i..a..i...aaa.a_.i___tx.u._ingi.i..i..i_..____.z__..____ixai... ii....mi.i l.01uW.lllljlllllt#l:"k+7--'-'ti i W hat Sacramento County Sheriffs Office Sacramento Police Department Arden Fair Mall (CA) Saint Louis County Police Department (MO) Salem Police Department Oregon San Bernardino County Sheriffs San Bruno Police Department San Diego County Sheriff San Diego Regional Auto Theft Task Force San Joaquin County District Attorney (CA) San Juan Police Department (TX) San Mateo County Vehicle Theft Task Force Sacramento Police Department Sacramento Probations Department Salamanca Police Department San Bernardino County District Attorneys Office (CA) San Bernardino Police Department San Diego County District Attorney (CA) San Diego Police Department San Diego Sector Border Patrol (CA) San Joaquin County Sheriffs Department (CA) San Luis Obispo Sheriffs Office San Mateo Police Department (CA) San Rafael Police DepartmentSan Pablo Police Department CA San Ramon Police Department Santa Ana Police Department Santa Barbara County District Attorneys Office (CA)Santa Clara County District Attorneys Office (CA) Santa Clara Police Department Santa Fe Police Department (NM) Saraland Police Department Sausalito Police Department Schererville Police Department Screven County Sheriffs Office Senoia Police Department Signal Hill Police Department Simi Valley Police Department Smith County Sheriff Office Solano County Sheriffs Department (CA) Somerset County Prosecutors Office Saugerties Police Department Schaumburg Police Department Scottsdale Police Department Seal Beach Police Department Shawnee County Sheriffs Office Sikeston Police Department Skokie Police Department Social Circle Police Department Somers Point Police Department Soperton Police Department SOSINK South Carolina Law Enforcement Division (SC) Date Created: 04-1 0-20 LEARN Agency Data Sharing Report Page 14 of 292021-03-23 Agenda Packet Page 149 of 165 f.'!"R!a'-?">A,,.i=_ lx I Agency S jOL.T=-_3ffitt'Ult la.j,%il.l,.1"atr'-"]hL-'}-%{lr'a4-'f-':'-p4"!_i.uli.si_stiig'Ll.,._.Nly.l4Ll.,II,ll...l,l@la:vB.ffia..2n.l.=...LBl.e_poHylfJ}l.llt,..ll....___..y_....y"11LaM',JlkJll,,,0,,l":'ol";ll.l,la v v C r:!!!i!!ac 'J ;!I u IIA.ri'i""'.l'un ffi' i::ulrl4__. t_.....___p.._i..tt_i.siym_.su.ig..i.t._.i_t__u.ia_tt_t.ui.u...'in_hiv_ii_.>_.__...__.___._.im._.aanit..itn..iiiu_t.. i..._.._.ut_._>_....nn_ allt41.:1...1 t 1141!j"tllmWkat0'l4 W m %M $! South Chicago Heights Police Department (IL)South Gate Police Department (CA) South Pasadena Police Department Southwest Major Case Unit (IL) Sparks Police Department (GA) Springfield IL Police Department Springfield Police Department St Joseph Police Department St Tammany Parish Sheriffs Office (LA) St. Louis County Police Stanislaus County Sheriffs Department Stockton Police Department Stratford Police Department Sugar Creek Police Department Sumter County Sheriffs Office SUNY New Paltz Talladega Police Department Tarrant County District Attorney (TX) Tempe Police Department Tennessee HLS District 7 Texas City Police Department Thomas County Sheriffs Office Thomasville Police Department Tiburon Police Department CA Tiffon Police Department Toccoa Police Department Torrance Police Department Southeast Michigan Intelligence Center (Ml) Sparks Police Department Speedway Police Department Springfield MO Police Department St Charles Police Department St Louis Fusion Center St. Charles County Police Department Stanislaus County Auto Theff Task Force Statesboro Police Department Stone Mountain Police Department Suffolk County NY Police Department Sulphur Police Department Sunny Isles Beach Police Department Taliaferro County Sheriffs Office Tallapoosa Police Department Tattnall County Sheriffs Office Temple Police Department Tennille Police Department Texas Department of Public Safety (TX) Thomaston Police Department Throckmorton County Sheriffs Office Tift County Sheriff Office Tigard Police Department Tompkins County Sheriff Town of Bay Harbor Islands Tracy Police Department CA Travis County SO LEARN Agency Data Sharing Report Page 15 of 29Date Created: 04-1 0-202021-03-23 Agenda Packet Page 150 of 165 Agency Treutlen County Sheriffs Office Trumansburg Police Department Trussville Police Department Tucson Police Department (AZ) Tunnel Hill Police Department Tustin Police Department Tyler City Marshal UC Irvine Police Department Union City Police Department (CA) Llnion County Sheriffs Office United States Forest Service Utah University of Delaware University of Michigan-Flint Police Upland Police Department (CA) US Attorney Southern District of NY VA Hospital Palo Alto Varnell Police Department Ventura Police Department (CA) Vestavia Hills Police Department (AL) Villa Park Police Department Von Ormy City Marshals Office Walnut Creek Police Department Warm Springs Police Department Warren County Sheriffs Office (GA) Warwick Police Department Watauga Police Department (TX) Waxahachie City Marshals Troup County Sheriffs Trumbull Police Department Tuckahoe Police Department Tulare Police Department Tuscaloosa County Sheriffs Department Tybee Island Police Dept Tyrone Police Department Ulster County Sheriffs Office Union City Police Department United States Forest Service CA United States Marshals Service University of Georgia Police Department University Park Police Department Upson County Sheriffs Office US Postal Inspection Service Vancouver Police Department Ventura County Sheriff Department Vernon Police Department Vienna Police Department Villa Rica Police Department Wadsworth Police Department (OH) Walton County Sheriffs Office Warner Robins Police Department Warrenton Police Department Washoe County Sheriffs Office Waterfront Commission of NY Harbor Webster Grove Police Dept Date Created: 04-10-20 LEARN Agency Data Sharing Report Page 16 of 292021-03-23 Agenda Packet Page 151 of 165 Date Created: 04-1 0-20 LEARN Agency Data Sharing Report Page 17 of 29 :-l,"f 'S! Webster Police Department Agency Data Sharing Report Wenatchee Police Department Wentzville Police Department West Caldwell Police Department (NJ) West Point Police Department (GA) Westminster Police Department Westport Police Department Whigham Police Department White County Sheriffs Office Whitehouse Police Department Whitfield County Sheriffs Office Willacoochee Police Department Williamson County Sheriffs Office Windcrest Police Department Winnebago County Sheriff (Machesney Park Division) Woodland Police Department Woodway Police Department Wrightsville Police Department Wylie Police Department (TX) Yates County Sheriffs Office Yolo County Sheriffs Department West Baton Rouge West Covina Police Department West Sacramento Police Department Westover Hills Police Department Wethersfield Police Department White Bear Lake Police Department Whitehall Police Department (OH) Whitesburg Police Department Whittier Police Department Willard Police Department Wilmette Police Department Winder Police Department Wise County Sheriffs Office (TX) Woodstock Police Department Wrens Police Department (GA) WRP-LPR Yakima Police Department Yellowstone National Park Zebulon Police Department Detedionb Rtta,ived The Chula Vista Police Department Agency is receiving Detection data from the following Agencies: GJPD Dunwoody Police Department Brazoria County Constables Office Coral Springs Police Department Harris County Sheriffs Office Homestead Police Department (PA) 2021-03-23 Agenda Packet Page 152 of 165 Agency Riverside Police Department Fort Worth Police Department Orange County Sheriffs Department Anaheim Police Department Yolo County Sheriffs Department Tustin Police Department Laguna Beach Police Department Seal Beach Police Department Brea Police Department UC Irvine Police Department Georgia Tech Police Department Costa Mesa Police Department Fullerton Police Department Fort Bend County Sheriffs Office Salamanca Police Department Villa Rica Police Department Stone Mountain Police Department Novato Police Department Pleasanton Police Department Pooler Police Department St Joseph Police Department Hiram Police Department Somers Point Police Department Springfield MO Police Department Lees Summit Police Department St. Charles County Police Department Byron Police Department La Palma Police Department Placentia Police Department Orange Police Department Troup County Sheriffs Westminster Police Department Cypress Police Department Garden Grove Police Department CSU Fullerton Police Department La Habra Police Department Athens-Clarke Police Department Irvine Police Department Newport Beach Police Department Frisco Police Department Carson City Sheriffs Dept Millburn Police Department Sacramento Police Department Corona Police Department Grand Prairie Police Department Marin County Sheriffs Office Sikeston Police Department Lexington County Health Services Cape Girardeau Police Department Joplin Police Department McDuffie County Sheriffs Office Woodland Police Department Carrollton Police Department Temple Police Department Date Created: 04-1 0-20 Page 4 8 of 29LEARN Agency Data Sharing Report2021-03-23 Agenda Packet Page 153 of 165 'f!W!:y,:-. i; ly I Agency S .iffiT.';3.t!"!lHiI't's, ?:: !"'.,,7/"1"%i- L '%' Data Shanng Report 'J,"'Ig;B T.Ill ir .:;;= . is C (iJ !,.1_<.., I..'c..xkt'.l ( L t!4 'r" i i > i i i i i i ___ _ _ ii i mi i i i nu ii i _ _ x + 'AS(#m m aaa a Midwest City Police Department Branson Police Department Marietta Police Department Duluth Police Department Sacramento County Sheriffs Office Reno Police Department Elk Grove Police Department Webster Grove Police Dept Washoe County Sheriffs Office Brentwood Police Department United States Forest Service CA Woodway Police Department Warner Robins Police Department St Charles Police Department Holly Springs Police Department Des Peres Police Department Lewisville Police Department Grantville Police Department Allen Police Department Bronxville Police Department Hapeville Police Department San Bernardino County Sheriffs Hoover Police Department Tiffl County Sheriff Office Long County Sheriffs Office ALEA Fairfield Police Department CT Richardson Police Department Beachwood Police Conyers Police Department Sparks Police Department Niagara Falls Police Department Avondale Estates Police Department HSI Bulk Cash Smuggling Center Deer Park Police Department Flemington Police Department Galt Police Department Bakersfield Police Department Dallas Police Department Crowley Police Department Montgomery Police Department Hillsborough County Sheriffs Office SOSINK Lake City Police Department Contra Costa County Sheriffs EI Paso Police Department Overland Police Department Tennessee HLS District 7 Cathedral City Police Department Fayetteville Police Department Hillsboro Police Department Fayette County Sheriffs Office Douglas County Sheriffs Office Tyrone Police Department Date Created: 04-'10-20 Page 19 of 29LEARN Agency Data Sharing Report2021-03-23 Agenda Packet Page 154 of 165 _s"'/,i<J'l';_ €%,l AgenCY Sjn!if!q ;,!1':1!P3,,a;=mffi.ll*\aJ§jljJ iff;t ! Qpr'%Qkl- L '%' Data Sharing Report gP)qg @ b!J ? .iJ 't'iFri'r-lk5bpiuiiia ;n-s NI....a rb.i t- in- i - -l-A-- - - ----- __ _ _ _ t i i_ _ _ _ __ _ _ _ __ _ i i i i u __ y 1111 ( l I _l !ffi Qm W s iT.* City of White Police Department Doerun Police Department Jones County Sheriffs Department Lee County Sheriffs Office Tybee Island Police Dept Fort Lauderdale Police Department US Postal Inspection Service Rhode Island State Police Norman Park Police Department Austin Police Department Bessemer Police Department Hopkinsville Police Department Rocklin Police Department (CA) Toccoa Police Department Riverside County District Attorneys Office (CA) Rockwall County Sheriffs Cedar Hill PD Binghamton Police Department Tyler City Marshal San Diego County Sheriff Glendale Police Department AZ Lodi Police Department Gwinnett County Police Department (GA) Cedartown Police Department DeKalb County Police Department Forsyth County Sheriffs Office Elmhurst Police Department Thomasville Police Department DFW Airport Newark Police Department (NJ) Naperville Police Department Aragon Police Department Loganville Police Department Boca Raton Police Department Milton Police Department Travis County SO Hickory Hills Police Department Arcade Police Department Citrus Heights Police Department Phoenix Police Department Rockdale County Sheriff Chino Police Department Pittsburg Police Department CA Brookhaven Police Department Bulloch County Sheriffs Office Lamar County Sheriffs Department Hayward Police Department Habersham County Sheriffs Office Downers Grove Police Department Kirkwood Police Department Pearl Police Department Buffalo Police Department Date Created: 04-10-20 LEARN Agency Data Sharing Report Page 20 of 292021-03-23 Agenda Packet Page 155 of 165 Agency Data Sharing Report Roswell Police Department Fresno Police Department Long Beach Police Department Schaumburg Police Department Fontana Police Department Tulare Police Department Mansfield Police Department (TX)Chatham County Sheriffs Office Richland Police Department Woodstock Police Department Iberia Parish Sheriffs Department Farmers Branch Police Department Bartow County Sheriffs Office Doraville Police Department Clackamas County Sheriffs Office Sulphur Police Department Fairfield Police Department CA Schererville Police Department Banks County Sheriffs Office Yakima Police Department Dickinson Police Department EI Dorado County Sheriff Pearland Police Department San Luis Obispo Sheriffs Office Lee County Alabama Sheriffs Office Warwick Police Department Lanier County Sheriffs Office Alameda Police Department Rowlett Police Department (TX)San Ramon Police Department Beaumont Police Department Tompkins County Sheriff Cayuga Heights Police Department Dryden Police Department Groton Police Department Ithaca Police Department Trumansburg Police Department Acworth Police Department Lombard Police Department Rankin County Sheriffs Office Clayton County Police Department Newton County Sheriffs Office Senoia Police Department Echols County Sheriffs Office Bossier City PD San Diego Regional Auto Theff Task Force Meriwether County Sheriffs Office Carroll County Sheriffs Office LA Port Police Cobb County Police Department NJ State Police RTCC Evergreen Park Police Department (IL) Taliaferro County Sheriffs Office Morton Police Department Date Created: 04-1 0-20 LEARN Agency Data Sharing Report Page 21 of 292021-03-23 Agenda Packet Page 156 of 165 1!"ll'"T./ffi..'i"_xl Agency X.ja=."""'J'J"llj!4'l;'- '.:aaii_y-!x.-2.,.....,Dffi:...Sh.fflmffi.g,.,Rffi.p.ffi2......,..-,,,.,........._.,Vt3'6"l d-l s %ffi, 15), g,.!li60!Jl:*a-..tii-i.-iiiii. fflutllJ..mWl0llllIllllllIll.ul.WI'll'llllll.llllIIl.4414ffl.Jll.aJllNllllllllUlOdllllffllllnllll.tll4_l4&.l.lNNllllIlLJllnJllInllllllllllll_.k_ttWlxlOlIllli.l.l..ull)l!ullU2 *m n Ll R s. n Munster Police Department Riverside County Sheriffs Department (CA) Ball Ground Police Department College Station Police Department 1 7th Judicial Circuit Drug Task Force East Chicago Police Department Lumberton Police Department Gulfport Police Department Guadalupe County Sheriffs Office New York State Police Peachtree City Police Dept Yates County Sheriffs Office Hagan Police Department West Covina Police Department Whitfield County Sheriffs Office Los Angeles CLEAR (CA) HIDTA - Central Valley California Folsom Police Department American Canyon Police Department Indiana Intelligence Fusion Center (IN) Lansing Police Department (IL) Wentzville Police Department San Bernardino Police Department Union County Sheriffs Office Thomaston Police Department Hamilton County Sheriff (IN) Baldwin County Sheriffs Office Winder Police Department Meridian Police Department Tigard Police Department Livermore Police Department Fresno County Sheriffs Office (CA) Guadalupe County Constables Thomas County Sheriffs Office Alameda County Narcotics Task Force Burbank Police Department (CA) Bossier Sheriffs Office Niagara County Sheriff (NY) La Verne Police Department South Carolina Law Enforcement Division (SC) Southwest Major Case Unit (IL) Belvedere Police Department Pembroke Police Department Hinsdale Police Department Orinda Police Department Mundelein Police Department (IL) County of San Mateo Sheriffs Office Liberty County Sheriffs Office (TX) Walnut Creek Police Department Northeast Florida Fusion Center McDonough Police Department Bartlett Police Department Date Created: 04-10-20 LEARN Agency Data Sharing Report Page 22 of 292021-03-23 Agenda Packet Page 157 of 165 /J:'.h,.l_"!Is-l %ency X7Q""'7':.';"='pli%W,,!, !11,,j,pa I l'i.W'!?',I,l+,p'.,:,!."'a'a':i' "' L X' Dam Shan'ng Rpo"" Y,,'"7a""").v'4Th iij a@ ' I i;,-.' i . }'-J..I ji l,i:T:,:' i fat ff .'t .- - - - > it i tiui _ _ i i i i it i i _ __ _ _ _ _l 40 _ J_ - +@r W m.Ml aai t ti i Burr Ridge Police Department Clovis Police Department Colton Police Department Kingston Police Department Windcrest Police Department Highland Park Dept of Public Safety (TX) West Baton Rouge Geary County Sheriff Cedar Rapids Police Department Powder Springs Police Department Ogden Police Department West Sacramento Police Department Fayette CO TX SO Network 3 Illinois Henderson Police Department Griffith Police Department (IN) CA Parole Apprehension Team (CA) Cohutta Police Department Tuckahoe Police Department Chandler Police Department Grundy County States Attorney Office Homewood Police Department Jasper County Sheriffs Office MS Homerville Police Department Shawnee County Sheriffs Office Johns Creek Police Department Ontario County Sheriffs Office Orange County Sheriff (TX) Burnet County TX Law Enforcement Port Arthur Police Department Ohio Bureau of Criminal Investigation Stanislaus County Auto Theft Task Force San Diego Sector Border Patrol (CA) Antioch Police Department CA Oxnard Police Department Calumet City Police Department Petaluma Police Department (CA) Iberville Parish LA SO Nutley Police Department ATF National Account Chambersburg Police Department Kennesaw Police Department Glendora Police Department Whitesburg Police Department Solano County Sheriffs Department (CA) Cook County States Attorney (IL) DeSoto Police Department TX Manteca Police Department (CA) Oakley Police Department South Gate Police Department (CA) Brentwood Police Department CA Villa Park Police Department Delaware County Sheriffs Office (OH)Redwood City PD LEARN Agency Data Sharing Report Page 23 of 29Date Created: 04-10-202021-03-23 Agenda Packet Page 158 of 165 Agency Pasadena Police Department (TX) Murrieta Police Department Modesto Police Department (CA) Prosper Police Department Boonville Police Department Carthage Police Department Jefferson City Police Department Danville Police Department CA Wylie Police Department (TX) Arizona Department of Public Safety Nevada Police Department Dooly County Sheriffs Office Jefferson CO TX SO Mesa Police Department Rockford Police Department Treutlen County Sheriffs Office Midland Police Department (TX) Casa Grande Police Department Greenville Police Department (TX) Hemet Police Department (CA) Greece NY Police Department Sausalito Police Department Trussville Police Department Midlothian Police Department Whittier Police Department Palos Verdes Estates Police Department Torrance Police Department Dublin Police Department CA Montebello Police Department Clayton Police Department (MO) Christian County Sheriff MO Lincoln County Sheriff MO Perryville Police Department Downey Police Department Sugar Creek Police Department Delta Regional Auto Theff Team (CA) Highland Police Department JCSO-MACC United States Marshals Service 24th Judicial District Drug Task Force Cartersville Police Department Merced Police Department CA New York State Office of the Attorney General Bell Gardens Police Department University Park Police Department Hammond Police Department Douglasville Police Department Irondequoit Police Department Gardena Police Department Bell Police Department Ulster County Sheriffs Office Edinburg Police Department Date Created: 04-10-20 LEARN Agency Data Sharing Report Page 24 of 292021-03-23 Agenda Packet Page 159 of 165 Date Created: 04-al 0-20 LEARN Agency Data Sharing Report Page 25 of 29 Agency Data Sharing Report Redondo Beach Police Department Greenburgh Police Department Killeen Texas Police Department Missouri City Police Department Pasadena Police Department (CA)Nacogdoches Police Department Conroe Police Department Carlsbad Police Department Red Bluff Police Department Giddings Police Department Vernon Police Department South Pasadena Police Department 32nd Judicial District Attorney Office Signal Hill Police Department Carrollton Police Department TX Arcadia Police Department Cleburne Police Department Poplar Bluff Police Department Saraland Police Department Medford Police Department Macomb Auto Theft Squad Martinez Police Department CA La Mesa Police Department Stockton Police Department Jim Wells County Sheriffs Office Federal Way Police Department Salem Police Department Oregon Winnebago County Sheriff (Machesney Park Division) Loves Park Police Department Williamson County Sheriffs Office Cherokee County Sheriffs Office Lancaster County Sheriffs Office Dutchess County Sheriff Rockville Centre Police Department Imperial County Regional ALPR Program Vancouver Police Department Elk Grove Village Police Department (IL)Canton Township Police Department District 21 Drug Task Force Department of Transportation - Phoenix (AZ) Orange County District Attorney (CA)Bensalem Township Police Department Redlands Police Department (CA)Newark Police Department DE San Bruno Police Department Lafayette Police Department (LA) Foley Police Department Grants Pass Department of Public Safety Tiburon Police Department CA Martinsville Police Department (IN) 2021-03-23 Agenda Packet Page 160 of 165 .}!'l'!_iy,t,r-i._ayi Agency '.,-/!'J"""""4)i' i L N Data Sharing Report - l"" > "i <;-:-v';g4 d,ij 4J -l - rA I, ' Th-. i 14 l'ITm!J"!l[(- I 4 s _ ii i i ii i i u no n i n n ii i 1111 111111 I _ t i _ _ n _ ii i i u i uiim ii - r r IT 1 Wi m m Wll Date Created: 04-10-20 LEARN Agency Data Sharing Report Page 26 of 29 Westport Police Department Mahanoy Township Police Department Junction City Police Department CA DOJ - Bureau of Firearms (CA) Camden County Police Department Putnam County Sheriff Tracy Police Department CA California Highway Patrol (CA) Redding Police Department (CA) Smith County Sheriff Office Stanislaus County Sheriffs Department San Pablo Police Department CA Calcasieu Parish Sheriffs Office Auburn Police Department CA Bay Area Rapid Transit Police (CA) Parke County Sheriffs Office Orange Police Department (CT) Wayne County Airport Police (Ml) Oro Valley Police Department Ossining Police Department Wethersfield Police Department Trumbull Police Department Somerset County Prosecutors Office Gresham Police Department Ventura Police Department (CA) Paradise Valley Police Department San Mateo County Vehicle Theft Task Force Pomona Police Department I Oath Judicial District Attorney Traffic Enforcement Pima County Sheriff Tallapoosa Police Department Monterey Park Police Department Hendersonville Police Department Boone County Sheriff Office Arnold Police Department Burleson Police Department Maricopa Police Department Reeve County Sherriffs Office ICE Commerce City Police Department Madera Police Department Hermosa Beach Police Department Enfield Police Department (CT) Stratford Police Department Los Angeles World Airport Police (LAX) Freeway Safety Network - EAST BAY Cape Coral Police Department Union City Police Department (CA) Roseville Police Department (CA)Escondido Police Department 2021-03-23 Agenda Packet Page 161 of 165 !!'i:'!W!_"/A,al"'_"= $%, I %ency S JA.==_.f.'l !!!If,f i!:l '-'!4i l '%' nata Sharinn Ronnrt "'37,{"N 6fi%-37!, k'A b 'J ".aj":i"ilo l.'l.a.ir.i'.l ".., .:l li'iliJm (€..!k.i:!%ii Ill r. _' i N %ll %0 B N %€ @ N @ N 6 11 %%# P %? 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I ' '!4,,'M #Wi Ml m Date Created: 04-1 0-20 LEARN Agency Data Sharing Report Page 27 of 29 Westover Hills Police Department Upland Police Department (CA) Oceanside Police Department (CA) McEwen Police Department Caldwell Police Department (NJ) Drug Enforcement Agency (NATL) Lake County Sheriffs Office (IL) Coronado Police Department (CA) Cuba Police Department MO Cicero Police Department (IL) Yuma County Sheriffs Office (AZ) Oak Brook Police Department (IL) Scott County Sheriffs Office (IA) Vestavia Hills Police Department (AL) Huntsville Police Department Brevard County Sheriffs Office EI Segundo Police Department (CA) Rocky Mount Police Department (NC) Gallatin Police Department (TN) Logan County Sheriffs Office (KS) Nacogdoches County Sheriffs Office (TX) Tucson Police Department (AZ) Pigeon Forge Police Department (TN) South Lake Tahoe Police Department (CA) Heflin Police Department (AL) Lincoln Police Department (CA) CBP - NTC Rolla Police Department San Joaquin County Sheriffs Department (CA) Biloxi Police Department (MS) Lake Mills Police Department (Wl) Wise County Sheriffs Office (TX) Ouachita Parish Sheriffs Office (LA) St Tammany Parish Sheriffs Office (LA) Livingston County Sheriffs Office (Ml) Alpharetta Police Department (GA) Goodyear Police Department (AZ) Alachua County Sheriff Putnam County Sheriffs Office Rancho Viejo Police Department (TX) Dimmit County Sheriffs Office (TX) Palm Springs Police Department (CA) West Caldwell Police Department (NJ) Lumber City Police Department (GA) San Diego County District Attorney (CA) Santa Rosa County Sheriff (FL) Gillespie County Sheriffs Office (TX) EI Cajon Police Department (CA) Saratoga Springs Police Department (NY)Annapolis Police Department (MD) 2021-03-23 Agenda Packet Page 162 of 165 r!!&__";K=.',i-_is.i Agency S.z,t,..Jn-E ..:,'%y'7%.,["':-__,_.k_____.LX"'imi Data..S__:ei_rimng Report wtuatna_nattznutmim V" :"'l(0Jq-5iII rj ij "i b :"lm'v'j'!!ill tt, % 71!n €s :&: I Redwood City PD Riverside County Sheriffs Department (CA) Riverside Police Department Sacramento County District Attorneys Office (CA) Sacramento Police Department San Joaquin County Sheriffs Department (CA) San Pablo Police Department CA Vestavia Hills Police Department (AL) Washoe County Sheriffs Office Yolo County Sheriffs Department Yuma County Sheriffs Office (AZ) LEARN Redwood City PD LEARN Riverside County Sheriff Persons LEARNSacramento County DA Office LEARN Sacramento Police Department LEARNSan Joaquin County Sheriffs Department (CA) LEARNSan Pablo Police Department CA LEARNVestavia Hills Police Department (AL) LEARNWashoe County Sheriffs Office LEARNYolo County Sheriffs Department LEARNYuma County Sheriffs Office (AZ) Date Created: 04-1 0-20 LEARN Agency Data Sharing Report Page 29 of 292021-03-23 Agenda Packet Page 163 of 165 AnACtlM[-f'lT tl July 28, 2020 FileID: 20-0296 TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $200,800 FROM THE ti.s. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE POLICE GRANTS SECTION OF THE FEDERAL GRANT FUND FOR OPERATION STONEGARDEN (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY Since the events of September 11, 2001, the interception of terrorists and tlieir weapons attempting entry across the nation's borders has become the priority mission of the U.S. Department of Homeland Security. Grant funding via "Operation Stonegarden" has been awarded to the San Diego County region to facilitate regional partnerships and enhance border enforcement capabilities. In coordination with the U.S. Customs Border Protection (CBP) and grant administration by the County of San Diego, the Police Department has been allocated $200,800 for Operation Stonegarden 2019 funding. ENVIRONMENT AL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION The mission of Operation Stonegarden is to deter illegal activity by criminal organizations using transit nodes and corridors thatrun throughout San Diego County, includingthe City of Chula Vista, through regional multi- jurisdictional collaboration, intelligence/informatioxi sliaring and communication. The Chula Vista Police Departmentis in the unique position ofbeing geographicallylocated in close proximity to the border (5 miles) witli tliree main north/south arteries traversing the city. As a result, Chula Vista is positioned to interdict both north and south bound traffic. The Police Department will continue to v.OOj Pagell 2021-03-23 Agenda Packet Page 164 of 165 participate in regional efforts of border-related criminal deterrence and intervention on an overtime basis. The Department has received $4.6 million in prior Stonegarden awards, and the 2019 funding of $200,800 will continue those regional efforts. In addition to overtime operations, the Police Department has been allocated funding for nigl'it vision monoculars and license plate reader systems that will be installed in patrol vehicles. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in a one-time appropriation of $153,000 to the personnel category, $7,800 to supplies & services and $40,000 to the capital category of the FY20/21 budget of the Police Grants Section of the Federal Grant Fund. The funding from the U.S. Department of Homeland Security will completely offset these costs, resulting in no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact accepting these grant funds. ATT ACHMENTS None Staff Contact: Beverly Sturk, Police Department Pagel2 2021-03-23 Agenda Packet Page 165 of 165