HomeMy WebLinkAbout2021/03/23 Agenda Packet
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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
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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
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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
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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
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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
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CIP Project #: STL0426
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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.
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CIP Project #: STL0426
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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
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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.
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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.
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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
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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.)
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CIP Project #: STL0426
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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
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Exhibit A
LEGAL DESCRIPTION
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Exhibit B
PLAT
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Exhibit C
GRANT OF EASEMENT DEED
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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
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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
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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
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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
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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.]
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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
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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
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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.
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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.
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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
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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.
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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.
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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.)
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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
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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
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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
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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
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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).
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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
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$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
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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
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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
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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
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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.
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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.).
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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BAYSHORE BIKEWAY
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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
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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;
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• 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.
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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
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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.
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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., & 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)
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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
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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
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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
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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
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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.
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• 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
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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
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• 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.
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• 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.
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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.
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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
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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.
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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
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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
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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:
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.. 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.
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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.
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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
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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
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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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
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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
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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
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. .-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
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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.
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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
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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)
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. - -" 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
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Date Created: 04-10-20 LEARN Agency Data Sharing Report Page I of 292021-03-23 Agenda Packet Page 136 of 165
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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
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Burbank Police Department (CA)
Burlington Police NC
Burr Ridge Police Department
Byron Police Department
CA Parole Apprehension Team (CA)
Caldwell Police Department (NJ)
California Franchise Tax Board (CA)
Calumet City Police Department
Camden County Police Department
Camilla Police Department
Cape Coral Police Department
Carlsbad Police Department
Carrollton Police Department
Carson City Sheriffs Dept
Carthage Police Department
Castle Hills Police Department
Cathedral City Police Department
CBP - NTC
Cedar Hill PD
Cedartown Police Department
Centerville Police Department
Chandler Police Department
Chattahoochee Hills Police
Chicago HIDTA (IL)
Chino Police Department
Burleson Police Department
Burnet County TX Law Enforcement
Butler Police Department
CA DOJ - Bureau of Firearms (CA)
Calcasieu Parish Sheriffs Office
Calhoun County Sheriffs Office
California Highway Patrol (CA)
Camden County Ga Sheriffs Office
Camden County Sheriffs Office
Canton Township Police Department
Cape Girardeau Police Department
Carroll County Sheriffs Office
Carrollton Police Department TX
Cartersville Police Department
Casa Grande Police Department
Castle Rock Police Department
Cayuga Heights Police Department
Cecil County Sheriffs Office
Cedar Rapids Police Department
Center Point Department of Public Safety (AL)
Chambersburg Police Department
Chatham County Sheriffs Office
Cherokee County Sheriffs Office
Chicago Police Department
Christian County Sheriff MO
Cicero Police Department (IL)Cincinnati Police Department (OH)
LEARN Agency Data Sharing Report Page 3 of 29Date Created: 04-1 0-202021-03-23 Agenda Packet Page 138 of 165
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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
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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
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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
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HSI Bulk Cash Smuggling Center
Iberia Parish Sheriffs Department
ICE
lllinois State Police Task Force
Indian Creek Village
Indiana State Police
Indianapolis Police Department
Irvine Police Department
Irwinton Police Department
Jackson County Sheriffs Office
Jasper County Sheriff MO
JCSO Special Ops
Jefferson City Police Department
Jefferson County Sheriffs Office
Johns Creek Police Department
Joint Regional Intelligence Center (CA)
Jonesboro Police Department
Junction City Police Department
Kansas City Police Department (KS)
Kennedale City Marshals Office
Killeen Texas Police Department
Kingston Police Department
Kyle Police Department
La Habra Police Department
La Palma Police Department
HTU
Iberville Parish LA SO
lllinois State Police BATTLE Task Force (IL)
Imperial County Regional ALPR Program
Indiana Intelligence Fusion Center (IN)
Indianapolis Metropolitan Police Department (IN)
Irondequoit Police Department
Irving Police Department (TX)
Ithaca Police Department
Jacksonville Police Department GA
Jasper County Sheriffs Office MS
JCSO-MACC
Jefferson CO TX SO
Jim Wells County Sheriffs Office
Johnson County Sheriffs Office
Jones County Sheriffs Department
Joplin Police Department
Kane County Sheriffs Office
Kansas City Police Department (MO)
Kennesaw Police Department
Kings Point Police Department
Kirkwood Police Department
L.A. 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Pomona Police Department
I Oath Judicial District Attorney Traffic
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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
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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
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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
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San Pablo Police Department CA
Vestavia Hills Police Department (AL)
Washoe County Sheriffs Office
Yolo County Sheriffs Department
Yuma County Sheriffs Office (AZ)
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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
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