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HomeMy WebLinkAbout2021-04-01 PDCAC Agenda Packet Date:Thursday, April 1, 2021 Time:9:30 a.m. Location:Virtual Via Teleconference PLEASE NOTE THAT, PURSUANT TO THE GOVERNOR OF THE STATE OF CALIFORNIA'S EXECUTIVE ORDER N-29-20, AND IN THE INTEREST OF THE PUBLIC HEALTH AND SAFETY, MEMBERS OF THE POLICE DEPARTMENT COMMUNITY ADVISORY COMMITTEE AND STAFF MAY PARTICIPATE IN THIS MEETING VIA TELECONFERENCE. IN ACCORDANCE WITH THE EXECUTIVE ORDER, THE PUBLIC MAY VIEW THE MEETING ONLINE AND NOT IN THE COUNCIL CHAMBERS. HOW TO WATCH: Members of the public can access a link to the livestream at www.chulavistaca.gov/virtualmeetings. Members of the public who wish to join by telephone only, may call 1-408-418-9388 (United States Toll) and enter the access code: [187 605 7568]. HOW TO SUBMIT COMMENTS: Visit the online eComment portal for this meeting at: www.chulavistaca.gov/virtualmeetings. The commenting period will be open shortly after the agenda is published for a particular meeting and will remain open through the meeting, as described below. All comments will be available to the public and the Police Department Community Advisory Committee using the eComment portal. Comments must be received prior to the time the Chair calls for the close of the commenting period. Comments received after such time will not be considered by the Police Department Community Advisory Committee. If you have difficulty or are unable to submit a comment, please contact Captain Phil Collum for assistance at pcollum@chulavistacapd.org. ACCESSIBILITY: Individuals with disabilities are invited to request reasonable modifications or accommodations in order to access and/or participate in a Police Department Community Advisory Committee meeting by contacting Police Department staff at pcollum@chulavistapd.org (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. ***The City of Chula Vista is relying on commercial technology to livestream and accept public comments. If we have technical difficulties, we will resolve them as quickly as possible. City staff will take all possible measures to ensure a publicly accessible experience. *** Pages 1.CALL TO ORDER 2.ROLL CALL Community Advisory Committee Members: Aragon, Barros, Bidart, Chavez, Corbett, de la Garza, Harb, Kinkade, Lampkin, Millican, Sablan and Chair Cazares 3.PUBLIC COMMENTS Persons may address the Committee on any subject matter within the Committee’s jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Committee from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Committee may schedule the topic for future discussion or refer the matter to staff. If you wish to comment, please submit comments electronically at: www.chulavistaca.gov/virtualmeetings. 4.CHIEF COMMENTS Recognition for Retiring CAC Member Peter Mabrey, ALPR Update, Drone Update, Measure A, Policy Update: Racially motivated calls. 5.ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Committee and are expected to elicit discussion and deliberation. If you wish to comment on one of these items, you may do so at www.chulavistaca.gov/virtualmeetings. 5.1.APPROVAL OF MINUTES of January 14, 2021 4 Staff Recommendation: Committee approve the minutes. 5.2.Creation of an Adhoc Sub-Committee to Provide Input on Department Automatic License Plate Reader (ALPR) Policy Staff Recommendation: Committee approve the creation of the adhoc sub-committee and elects committee members to the subcommittee to provide input on the department ALPR policy. 6.PRESENTATIONS The following item(s) will be presentations given by staff. Action on these item(s) is typically limited to the Committee receiving the presentation and providing direction or feedback to staff, as appropriate. 6.1.Recent Crime Trends 6.2.Discussion about Technology to Enhance Public Safety 7.COMMITTEE MEMBERS' COMMENTS 04/01/2021 PDCAC Page 2 of 9 8.ADJOURNMENT to the regular meeting on July 1, 2021 at 315 Fourth Avenue, Chula Vista, CA 91910 in Chula Vista, California. Materials provided to the Police Department Community Advisory Committee related to any open-session item on this agenda are available for public review at https://chulavista.granicusideas.com/meetings or email cmiller@chulavistapd.org. 04/01/2021 PDCAC Page 3 of 9 MINUTES A SPECIAL MEETING OF THE COMMUNITY ADVISORY COMMITTEE CHULA VISTA POLICE DEPARTMENT WebEx Virtual Meeting 315 FOURTH AVENUE January 14, 2021 CHULA VISTA, CA 91910 9:30 am Roxana Kennedy Chief of Police MEMBERS: Ray Aragon Martin Barros Gustavo Bidart Norma Cazares Patty Chavez Takisha Corbett Jose de la Garza Henrietta Harb Marla Kingkade Shante Lampkin Peter Mabrey Anthony Millican Gerry Sablan STAFF: Captain Phil Collum Captain Eric Thunberg Captain Don Redmond ASM Jonathan Alegre DCA Carol Trujillo SAS Cathy Miller Pursuant to the Governor of the State of California's Executive Order N-29-20, and in the interest of public health and safety during the COVID-19 pandemic, members of the Chief’s Community Advisory Committee and staff participated in this meeting via teleconference. All votes were taken by roll call. CALL TO ORDER: 9:37 AM ROLL CALL: CAC Members Present: Ray Aragon, Martin Barros, Norma Cazares, Patty Chavez, Jose de la Garza, Takisha Corbett, Henrietta Harb, Shante Lampkin, Peter Mabrey, Anthony Millican and Gerry Sablan CAC Members Absent: Gustavo Bidart and Marla Kingkade Staff Present: Chief Roxana Kennedy, Captain Phil Collum, Captain Eric Thunberg, Captain Don Redmond, DCA Carol Trujillo and SAS Cathy Miller Captains Collum and Redmond opened the meeting and Chief Kennedy reviewed the WebEx instructions. The meeting was video streamed live on YouTube. PUBLIC COMMENTS: Four comments from “e-comments” will be discussed under #3 - ALPRs after the allotted time. No comments by email to Captain Collum after the allotted time. OTHER BUSINESS: 1. Introduction of Potential new CAC member. Chief Kennedy introduced newest member Shante Lampkin. CAC member Lampkin is the Diversity and Inclusion Liaison to the President and CEO at the Neighborhood House Association. She has an extensive background in Human Resources, Operations and Diversity, Equity and Inclusion and holds a senior certified professional designation from the society of human resource management. CAC member Lampkin thanked the members and is excited to bring meaningful change. Chief Kennedy thanked her and is looking forward to working together as a team, making a difference to the community and law enforcement. 04/01/2021 PDCAC Page 4 of 9 2 2. Approval of Minutes (October 1, 2020) No comments received from “e-comments” after the allotted time. No comments by email to Captain Collum after the allotted time. CAC members were asked if they had any changes to make to the October 1, 2020 minutes. Motion made by CAC member Cazares to approve the minutes as is and seconded by CAC member de la Garza. A vote was conducted that 10 showed in favor, 0 opposed and CAC members Kingkade and Mabrey were absent. 3. Chief’s Comments: Automated License Plate Reader (ALPR) program. Chief Kennedy wanted to bring to the attention of the CAC members some inaccuracies of a recently published article in San Diego Union Tribune on the use of the ALPR system at the Chula Vista Police Department. The article helped create a misperception that the City Council was not informed about the use of the ALPR program. The ALPR program was brought before the City Council on at least two separate occasions. In 2007, the Safe Neighborhood Byrne Grant was presented to Council, under Chief Emerson, for the purchase of three ALPR systems. In 2011, another grant was presented to Council which allowed one additional ALPR to be purchased under the leadership Chief Bejarano. The ALPR systems are used as an extremely valuable crime fighting tool and are mounted to four specific patrol vehicles driven throughout the city. The ALPRs download pictures of license plates into a system which shares the date, time, longitude and latitude of the image. 800 different law enforcement only agencies can search the data and receive time, date and location. The article raised a concern about data sharing and the use of technology being shared with Border Patrol and ICE. As an overabundance of concern for the community, the chief suspended sharing ALPR data with ICE and Border Patrol. The police department will be presenting a report to Council regarding ALPRs. The following members of the public submitted comments in opposition of the ALPR program:  Mejgan Afshan, Co-Founder Borderlands for Equity  Nick Paul – Chula Vista resident  Erin Tsurumoto Grassi – Alliance San Diego  Pedro Rios – Director US-Mexico Border Program and American Friends Service Committee and Chula Vista resident Chief Kennedy asked DCA Trujillo if there were any concerns over SB54 or the Value Act. DCA Trujillo said the City is in full compliance with SB54. SB54 is clear in what agencies may and may not do. There is a restriction in distributing Personal Identifying Information (PII) in some instances, but the collection of license plates does not fall under SB54. CAC member Mabrey asked if City Council had the opportunity to make a comment supporting the program. Council has not made a stance at this point and the department will be bringing forth information at a later Council meeting. In the meantime, the police department is working on updating the webpage to reflect the department’s use of technology and to answer frequently asked questions. 04/01/2021 PDCAC Page 5 of 9 3 CAC member Cazares said she serves as a board member with Alliance San Diego and would like to see a community forum offered on ALPRs, so the community could voice their concerns, and see if change is needed. CAC member Chavez agreed with a community forum, however, asked that it be balance d with the use of technology, which allows efficient and quicker solutions to crime. CAC member Corbett asked to clarify if the program’s suspension was relating to sharing data with other agencies. Chief Kennedy said she suspended sharing with Border Patrol and ICE. It was also mentioned only two of the four ALPR vehicles are working at this time. CVPD uses ALPR as a tool to solve a crime and not to see if someone is documented or undocumented. CAC member Corbett asked if Border Patrol and ICE can get CVPD’s shared data from other agencies. Per Captain Thunberg, if Border Patrol and ICE run a query on a license plate, they will be unable to see CVPD data. Anyone using the system must be very specific in their search criteria and no one can download the entire collection of information. CAC member Corbett asked if the two vehicles with the ALPRs are assigned in specific areas. Chief Kennedy said they are driven throughout all areas in the City. Captain Collum clarified the ALPRs are attached to standard patrol cars so they go throughout the city. Captain Collum asked Captain Thunberg to clarify the query system and asked if there was a way for law enforcement to browse all scans made by CVPD on a car, or only specific data. Captain Thunberg said the query must be tied to a license plate, partial plate or make of a vehicle, and downloading bulk data is not possible. CAC member Lampkin asked about the report that will be given to Council, whether it will include information on where and how the data will be accessed , and whether it will include the frequency of license data collected. This information will be provided and later posted to the website. CAC member Lampkin also asked that although Border Patrol and ICE have been suspended from viewing, when CVPD shares with another agency, do they become the owner of the information. Captain Thunberg said no other agency owns CVPD’s information and CVPD’s data is good for only a year before it is purged. CAC member Millican appreciated the balance of technology and how it can be used while being mindful and respectful to the community. He asked if it was possible to know if anyone had been deported using this tool. To Chief Kennedy’s knowledge it is not attached to any individual but only to vehicles. Chief Kennedy believes in balancing the concerns of the community with the safety of the community and appreciated CAC member comments so they could be incorporated with the report. CAC member Harb expressed the importance of this crime fighting tool and asked if anyone had been saved from a child abduction, forced labor or sex trafficking. Because Chula Vista sits between two major freeways, the San Diego Human Trafficking Task Force, who also has ALPRs, have recovered many, but not CVPD. CAC member Corbett clarified that the community’s need to be safe and acknowledged that CAC members are not trained law enforcement personnel who know best how to protect the community. In addition, Chula Vista is an outlier among police departments when it comes to its transparency and its intention to provide services to all members of the community. But the 04/01/2021 PDCAC Page 6 of 9 4 concerns are a bit broader – not specifically about CVPD’s integrity or its methods to ensure the safety of the community. The reality is that there are many police departments throughout the country who do not behave in the manner that CVPD behaves. For example, many police departments do not maintain transparency and they do not honor those who have been marginalized. That is something that needs to be kept in mind. No one is suggesting that one doesn’t want to stop sex trafficking or make sure that people who are undocumented aren’t inadvertently turned over to agencies that are trying to find them. CAC members need to make sure that, when considering these types of technology, the members recognize that it can be used to protect the community but also need to be aware that every other agency is not as conscientious as CVPD. When thinking about topics like sharing ALPR data with other agencies, CAC members need to consider how one overcomes the unknown strategies or policies of other agencies. Police reform is a major issue within this country, and it is not because the stories from other departments are all myths or made up stories. There are very serious violations and real stories about people victimized by people who are supposed to protect them. CAC members need to keep that perspective in mind when talking about moving forward with these types of topics. Chief Kennedy appreciated the CAC member comments and wants to hear the voice of the community, the concerns of the community and utilize this in the best manner to benefit the entire community in crime fighting. It is important to have uncomfortable discussions. She believed this conversation should continue and will look at a forum and outreach with the possibility of CAC being a catalyst to the community. DCA Trujillo suggested the department email CAC members on when the date the report to Council will be made and send the link. Update on Dialogue on police-community relations: Chief Kennedy informed members that Officer Pace and Captain Collum have been invited to participate with the NAACP serving on the Criminal Justice Committee. Will be able to hear concerns and come up with strategies as a partnership. The department is also working with Stand in the Gap and had a few community forums. Chief Kennedy provided them with a letter from the San Diego County Chiefs’ and Sheriff’s Association on what has been done in terms of reform and de-escalation training DA’s office. As President of the association, Chief Kennedy has brought in speakers to present to department members. March was an introduction to CEO Brunker and Pastor McPherson’s “Third Option City” on building relationships. Officer Pace has been holding cultural competency training at the department and all officers are attending. CAL Chiefs has the “Leading the Way” platform: In regard to hiring officers, Chief Kennedy touched on the current conversation of hiring officers, information suggesting that officers with degrees may use less force than those without, and proposals to increase minimum hiring standards to require future police officers to have obtained at least a bachelor’s degree. She feels this proposal could marginalize people who would be great servants to the public, but due to any number of possible circumstances, have not been able to acquire a college degree. Chief Kennedy cited she, as well as a few of the department’s captains, did not have college degrees when they were first hired. They pursued their degrees while working for the department. Police academies could offer an associate degree alone due to the extensive 04/01/2021 PDCAC Page 7 of 9 5 training and education that is built into the academies in California. Chief Kennedy also spoke on the topic of decertification and the stance the department holds on truthfulness. She expressed that she has heard that police reform is not happening quick enough but wanted to make sure the members knew what CVPD has accomplished this past COVID year. Hiring update: As of today, Chief Kennedy has hired 98 officers (27 laterals/71 recruits); 68 civilians and 91 promotions. All these leaders are trained with the philosophy of partnering with the community and having a heart behind the badge. She looks for courageous leaders who want to build relationships with the community and value people. She asks of her officers to “put themselves into the communities’ shoes” but she also asks the community to “put themselves in the officer’s shoes”. CVPD motto is “The Heart Behind the Badge” - Chula Vista’s Finest – it is what is behind the badge that matters.” CAC Cazares asked if there has been a discussion of utilizing police funding to hire social workers and mental health professionals. Chief Kennedy said the County is working on the Mobile Crisis Response Team that will be available to the county. CVPD has 4 Psychiatric Emergency Response Team (PERT) clinicians who accompany officers on calls. Drone Update: Captain Redmond announced the Drone as First Responder (DFR) program has flown over 4,700 missions. CVPD has applied to the FAA for three additional DFR sites (Southwestern College; Ares Hotel and Sharpe Hospital). The FAA has reviewed the plans and have recommended some changes. CVPD has received media attention for the DFR program which includes the New York Times and CNN. Chief Kennedy mentioned that the funding of the DFR program has not come from the general fund but through creative funding through the Chula Vista Police Foundation. There is high hopes the City will start funding the program through the general fund due to the significant difference it has made in community and officer safety. The last item “BWC & Drone policies” was on the agenda but will not be discussed at this time due to time constraints. Any further discussions can be added to the next meeting’s agenda . No comments received from “e-comments” after the allotted time (aside from the 4 for ALPR). No comments by email to Captain Collum after the allotted time. 4. Results of Adhoc Policy review committee – Captain Collum discussed the October CAC meeting created Adhoc Policy Review to review 4 draft policy changes. Adhoc members Cazares, Corbett, Chavez, Kingkade and Sablan were thanked for their contributions. They met on December 22 and 29, 2020. The four draft policies were:  Handcuffing and Restraint Policy as it relates to the use of the “Wrap” maximum restraint device for extremely violent persons.  Standards of Conduct Policy as it relates to clarification of the requirement that employees be truthful in all work-related matters.  Duty to Intercede Policy as it relates to clarifying each employee’s duty to intercede wherever they witness excessive force.  De-Escalation Policy. 04/01/2021 PDCAC Page 8 of 9 6 Several discussions, consensus on final recommendations, reviewed and concurred by police and legal advisors. The polices are in draft form and pending finalization later this year. Final policies will be made available on our webpage www.chulavistapd.org. Recommended changes are as follows:  Handcuffing and Restraint Policy as it relates to the use of the “Wrap” maximum restraint device for assaultive or physically resistant persons. (This policy already existed but was revised to provide more clarity and requirements.)  Standards of Conduct Policy as it relates to clarification of the requirement that employees be truthful in all work-related matters. (This policy already existed but was clarified and separated into its own paragraph for better clarity.)  Duty to Intercede Policy as it relates to clarifying each employee’s duty to intercede wherever they witness excessive force. (This policy already existed but was clarified and separated into its own policy section for better clarity and transparency.)  De-Escalation Policy. (This policy already existed but was clarified and separated into its own policy section for better clarity and transparency.)  Definitions Policy. (Based on a recommendation that stemmed from some confusion in our Standards of Conduct policy and the use of the term “reasonable.” This policy added a clear definition for better public transparency that the use of the term “reasonable” is a legal term defined by long-standing legal standards and not necessarily by any common dictionary definition.) No comments from “e-comments” after the allotted time. No comments by email to Captain Collum after the allotted time. 5. Committee Members’ Comments: CAC member Mabrey asked if the officers have received COVID shots yet. Captain Collum said officers are in Tier 1B. County supervisors expanded Tier 1A to include 65 and older which is now 1.5 million people. CAC member Cazares asked for a link to the Mobile Response Team the County started (page 5) in order to share with the public. CAC member Cazares asked to be informed when the ALPR presentation to council is set. Chief Kennedy will send CAC members the press release for radio inscription. The meeting concluded 11:24 am. The next virtual CAC meeting will be 04/01/2021 at 09:30. __________________________________ Cathy Miller Sr. Admin Secretary Office of the Chief of Police 04/01/2021 PDCAC Page 9 of 9 1 Captain Phil Collum April 1, 2021 Police Department Community Advisory Committee Recent Crime Trends Average Response Times 2 Goal Actual Priority 1 Emergency Calls 6:00 5:42 Priority 2 Urgent Calls 12:00 13:33 The Police Department is meeting goals for Priority 1 calls (first time in 10 years), and significantly reduced responses to Priority 2 calls. Crime Compared to Region 3 Annualized FBI Index Crime Rates per 1,000 population San Diego Jurisdictions, mid-year 2016, 2019, 2020 SOURCE: SANDAG Crime in the San Diego Region, Mid-Year 2020 Statistics publicationid_4708_28039.pdf (sandag.org) Latest Trends are Concerning Recent Rise in Violent Crime Across the Country 4 Latest Trends are Concerning Chula Vista Mirrors Nation 5 Violent Crime Categories 2018-2020 Avg 2021 YTD % Change Murder 0.7 3 350% Rape 8 9 8% Armed Robbery 17 28 62% Strong Arm Robbery 28 26 -6% Aggravated Assault 65 89 37% Firearm Incidents 200% Ghost Guns 6 Ghost Gun: Any gun without a serial number, often assembled from parts by the buyer (e.g. “build it yourself). ◼Ease of purchase ◼No background check ◼Circumvent federal and state laws ◼Not traceable ◼Increased demand since COVID-19 Ghost Gun trends in Chula Vista 7 Violent Crime in Chula Vista 8 Violent Crime Types 2020 2021 YTD Robbery (F)271 54 Assault W/Deadly Weapon (F)188 41 ADW with Force: Possible GBI (F)70 10 Arson (Property) (F)40 5 ADW (Firearm on Person) (F)33 10 Spousal/Cohabitant abuse W/Serious Injury (F)31 7 Carjacking (F)28 6 Exhibit Deadly Weapon –Not Firearm (M)27 5 Rape by Force/Fear (F)23 3 Battery W/Serious Bodily Inj (F)20 6 881 violent crimes in 2020 Citywide. Violent Crime in Chula Vista 9 Aggravated Assault Armed Robbery Strong Arm Robbery Property Crime in Chula Vista 10 Property Crime Categories 2018-2020 Avg 2021 YTD % Change Residential Burglary 51 30 -41% Non-Residential Burglary 35 35 0% Larceny < $400 218 228 5% Larceny > $400 170 182 7% Vehicle Theft 112 148 32% Property Crime in Chula Vista 113,226 property crimes in 2020 Citywide. Property Crime Types 2020 2021 YTD Vehicle Theft (F)759 178 Vehicle Burglary (F)500 112 Petty Theft (From Vehicle) (F)328 91 Petty Theft (All Other Larceny) (F)281 34 Burglary (Commercial) (F)255 35 Burglary (Residential) (F)213 41 Petty Theft Shoplifting 161 33 Petty Theft (From Building) (M)130 21 Grand Theft from Vehicle (F)107 41 Petty Theft (Vehicle Parts) (M)121 23 Property Crime in Chula Vista 12 Residential Burglaries Auto Theft Larceny (Theft) Police Department Response Strategy ◼Increased patrols in impacted areas ◼Increasing proactive community policing ◆Renewed focus on traditional tactics Foot patrols, business contacts, etc. ◆Additional overtime deployments ◆Training and mentorship ◼Community education and engagement ◼Recruiting, hiring, training to fill vacancies 13 Police Department Community Advisory Committee Meeting Time: 04-01-21 09:30 eComments Report J u III fj, Agenda Sq','Yq",Y)u111 YJeUrM Police Department Community Advisory 04-01-21 16 1 0 0 1 Committee 09:30 Sentiments for All Meetings The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Police Department Community Advisory Committee 04-01-21 09:30 Ageii-iid�,,,, Yj re,U 11 5.1. 1 0 0 1 APPROVAL OF MINUTES of January 14, 2021 Sentiments for All Agenda Items The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment A,geii iida 5.E ii,y 1,1L, x^02!1 Overall Sentiment Margaret Baker Location: Submitted At: 9:42am 04-01-21 1 observe that a retiring member's comment was read aloud at today's meeting. Were the eComments at last meeting from 4 community members read aloud at last meeting? Thank you.