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HomeMy WebLinkAbout2022-09-22 HRC Agenda Packet Date:Thursday, September 22, 2022 Time:6:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA Welcome to your Human Relations Commission Meeting Public Comments: Public comments may be submitted to the Human Relations Commission in the following ways: In-Person comments during the meeting. Join us for the Human Relations Commission meeting at the time and location specified on this agenda to make your comments. Please visit www.chulavistaca.gov/boardmeetings for current mask requirements and other safety protocols. • Submit an eComment. Visit www.chulavistaca.gov/boardmeetings, locate this meeting, and click on the comment bubble icon. Click on the item you wish to comment on, and then click on "Leave Comment." The commenting period will close one hour before the meeting. All comments will be made available to the Commission and the public. • Mail or email comments. Submit comments via email to HRC@chulavistaca.gov or by mail to Human Relations Commission, 276 Fourth Ave, Chula Vista, CA. Please send comments early; written comments received within one hour of the meeting may not be distributed until the following day. • ACCESSIBILITY: Individuals with disabilities are invited to request reasonable modifications or accommodations in order to access and/or participate in a Human Relations Commission meeting by contacting the Human Relations Commission at HRC@chulavistaca.gov (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Pages 1.CALL TO ORDER 2.ROLL CALL Commissioners Baber, Custodio-Tan, Felix, Godinez, Lake, Medina, Olaoye, Pajanor, Ratner, Vice-Chair Kean-Ayub, Chair Branch 3.PUBLIC COMMENTS Persons may address the Commission on any subject matter within the Commission’s jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Commission may schedule the topic for future discussion or refer the matter to staff. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. 4.ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Commission and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. 4.1.Approval of Meeting Minutes 4 Approval of minutes from August 25, 2022. Recommended Action: Commission approve minutes. 4.2.Discussion of the Annual Report of Activities and Authorize the Chair to Work With Staff to Finalize and Submit 8 Recommended Action: Commission discuss activities and authorize the Chair to work with Staff to finalize and submit report. 4.3.Discussion and Possible Action Regarding Indigenous Peoples Day Celebration Recommended Action: Commission discuss, provide feedback, and take action as appropriate to establish an Ad-Hoc Subcommittee to work with Staff on planning efforts. 2022/09/22 HRC Agenda Page 2 of 8 4.4.Discussion and Updates From Ad-Hoc Subcommittees Ad-Hoc Subcommittee Members Data Sharing Technologies/ALPR Baber, Branch, Custodio-Tan, Medina AAPI Lake, Kean-Ayub Community Survey Kean-Ayub, Custodio-Tan, Lake, Olaoye Recommended Action: Commission discuss, make recommendations as appropriate and take action with respect to the AAPI Ad-Hoc Subcommittee. OTHER BUSINESS 5.STAFF COMMENTS 5.1.Update on Community Survey 6.CHAIR'S COMMENTS 7.COMMISSIONERS' COMMENTS 8.ADJOURNMENT to the regular meeting on October 27, 2022 at 6:00 p.m. Materials provided to the Human Relations Commission related to any open- session item on this agenda are available for public review by contacting Human Relations Commission staff at hrc@chulavistaca.gov 2022/09/22 HRC Agenda Page 3 of 8 1 REGULAR MEETING OF THE HUMAN RELATIONS COMMISSION Meeting Minutes August 25, 2022, 6:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Commissioner Felix, Commissioner Lake, Commissioner Medina, Commissioner Olaoye, Commissioner Ratner, Vice- Chair Kean-Ayub, Chair Branch Absent: Commissioner Baber, Commissioner Custodio-Tan, Commissioner Godinez, Commissioner Pajanor Also Present: Secretary Adrianna Hernandez, Marketing and Communications Manager Anne Steinberger _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the Human Relations Commission of the City of Chula Vista was called to order at 6:06 p.m. in Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL Secretary Hernandez called the roll. 3. CONSENT CALENDAR Moved by Commissioner Medina Seconded by Commissioner Olaoye Commission approve consent calendar. 2022/09/22 HRC Agenda Page 4 of 8 2 Yes (7): Commissioner Felix, Commissioner Lake, Commissioner Medina, Commissioner Olaoye, Commissioner Ratner, Vice-Chair Kean-Ayub, Chair Branch Result:Carried (7 to 0) 3.1 Approval of Meeting Minutes Commission approve minutes. 3.2 Written Communications Commission approve requests for excused absences. 4. PRESENTATIONS 4.1 Presentation by San Diego Workforce Partnership and Our Safe Place Regarding Employment Barriers for LGBTQ+ Community Economist Alicia Jurek from San Diego Workforce Partnership and Andres Lopez, Youth Support Partner at SBCS introduced themselves and presented on employment barriers for LGBTQ+ community and responded to questions from several Human Relations Commissioners. 4.2 Presentation by Chula Vista Police Department Executive Captain Phil Collum Regarding Use of Force and Officer Training Chair Branch introduced the item and Executive Captain Phil Collum and Officer Jeff Pace presented in response to a Use of Force article and on cultural competency training for Chula Vista Police Department staff. They also responded to questions from several Human Relations Commissioners. 5. PUBLIC COMMENTS No public comment. 6. ACTION ITEMS 6.1 Discussion and Possible Action Regarding A Community Survey Including Potential Questions and Outreach Plan Commissioner Lake introduced the updated and condensed survey questionnaire and discussion ensued. 2022/09/22 HRC Agenda Page 5 of 8 3 Marketing and Communications Manager Anne Steinberger recommended keeping the survey open for three weeks on the City's webpage. Commissioner Medina requested the survey be translated and Commissioner Lake requested producing hard copies to place in libraries and with other community partners such as SBCS to increase participation. Moved by Commissioner Lake Seconded by Commissioner Kean-Ayub Approve questions for survey and outreach plan. Yes (7): Commissioner Felix, Commissioner Lake, Commissioner Medina, Commissioner Olaoye, Commissioner Ratner, Vice-Chair Kean-Ayub, Chair Branch Result:Carried (7 to 0) 6.2 Discussion and Updates From Ad-Hoc Subcommittees Chair Branch provided an update on the progress of the Technology and Privacy Task Force and their work thus far. Commissioner Lake provided an update and suggested to place an i tem at a future meeting to disband the AAPI Ad-Hoc Subcommittee for the time being. OTHER BUSINESS 7. STAFF COMMENTS Marketing and Communications Manager Anne Steinberger announced the raising of the Pride Flag on August 26, 2022, the removal of the "qua lified- elector" requirement for several Boards and Commissions which will be on the ballot this November, the launch of a new small business and non-profit grant program on August 29, 2022, and provided an update on the temporary closure of Harborside Park. Vice Chair Kean-Ayub requested a presentation at a future meeting from non - profits like Alpha Project and McAlister on the services they provide to the unsheltered community in Chula Vista. 8. CHAIR'S COMMENTS 2022/09/22 HRC Agenda Page 6 of 8 4 9. COMMISSIONERS' COMMENTS Commissioner Medina requested information on the City's plan for Indigenous Peoples Day and offered to help with any event planning as well as inclusion of tribal leaders. Commissioner Felix thanked City Council and City staff for getting the "qualified- elector" item on the November ballot. 10. ADJOURNMENT The meeting was adjourned at 8:52 p.m. Minutes prepared by: Adrianna Hernandez Secretary _________________________ Adrianna Hernandez, Secretary 2022/09/22 HRC Agenda Page 7 of 8 ANNUAL ACTIVITY REPORT CITY OF CHULA VISTA BOARDS & COMMISSIONS FISCAL YEAR 2021-2022 Board/Commission: Human Relations Commission Highlights of Activities during the past fiscal year:  The Human Relations Commission held nine meetings between July 2021 and June 2022.  Elected Chair and Vice Chair for Fiscal Year 2021/2022. Commissioner Petrina Branch as Chair and Commissioner Nadia Kean-Ayub as Vice-Chair.  Created three Ad-Hoc Subcommittees: Data Sharing Technologies/ALPR, AAPI, and Community Survey. All these Ad-Hoc Subcommittees are project specific and will sunset upon completion of project.  The Commission participated in South Bay Pride and held a booth to engage, connect and solicit input from the community.  Two Commissioner members continue to serve on the Christopher Columbus Statue and Discovery Park Task Force. The members included Commissioner Paola Martinez-Montes (until her resignation from the Human Relations Commission), and Commissioner Ricardo Medina. Vice Chair Nadia Kean-Ayub was later selected to replace Commissioner Martinez- Montes.  The Chula Vista Police Department presented a Quarterly Automated License Plate Reader (ALPR) Program Update.  The Commission sent a letter to the City Manager and City Council regarding the Automated License Plate Reader Program and the Commission’s role regarding the Program’s quarterly updates. In response, the City Council relieved the Commission of its responsibility to receive quarterly updates. The Commission later requested City Council re-consider their action, at least until another body was formed to receive the updates.  The Commission received a presentation by City staff and Madaffer Enterprises on the Citywide Oversight and Privacy Policy Initiative, and the Commission was designated a seat on the newly formed Technology and Privacy Advisory Task Force. Commissioner Candice Custodio-Tan served on the Task Force initially and Chair Branch was later appointed to replace Commissioner Custodio-Tan due to change in availability.  Commission received a presentation by the Chula Vista Homeless Outreach Team on outreach and housing efforts for the unsheltered population in the City.  Commission decided to pursue the creation of a community survey to gather input and feedback from the community instead of attending various community events.  Commission received a presentation from the City Clerk’s Office Board and Commission Meeting Accessibility.  Chair Branch and City staff organized and held a Juneteenth Flag Raising Ceremony at City Hall. Board/Commission comments or recommendations to Council: No recommendations to Council. 2022/09/22 HRC Agenda Page 8 of 8 ; ; **POST-MEETING AGENDA** Date:Thursday, September 22, 2022 Time:6:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA Welcome to your Human Relations Commission Meeting Public Comments: Public comments may be submitted to the Human Relations Commission in the following ways: In-Person comments during the meeting. Join us for the Human Relations Commission meeting at the time and location specified on this agenda to make your comments. Please visit www.chulavistaca.gov/boardmeetings for current mask requirements and other safety protocols. • Submit an eComment. Visit www.chulavistaca.gov/boardmeetings, locate this meeting, and click on the comment bubble icon. Click on the item you wish to comment on, and then click on "Leave Comment." The commenting period will close one hour before the meeting. All comments will be made available to the Commission and the public. • Mail or email comments. Submit comments via email to HRC@chulavistaca.gov or by mail to Human Relations Commission, 276 Fourth Ave, Chula Vista, CA. Please send comments early; written comments received within one hour of the meeting may not be distributed until the following day. • ACCESSIBILITY: Individuals with disabilities are invited to request reasonable modifications or accommodations in order to access and/or participate in a Human Relations Commission meeting by contacting the Human Relations Commission at HRC@chulavistaca.gov (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Pages 1.CALL TO ORDER 2.ROLL CALL Commissioners Baber, Custodio-Tan, Felix, Godinez, Lake, Medina, Olaoye, Pajanor, Ratner, Vice-Chair Kean-Ayub, Chair Branch 3.PUBLIC COMMENTS Persons may address the Commission on any subject matter within the Commission’s jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Commission may schedule the topic for future discussion or refer the matter to staff. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. 4.ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Commission and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. 4.1.Approval of Meeting Minutes 4 Approval of minutes from August 25, 2022. Recommended Action: Commission approve minutes. 4.2.Discussion of the Annual Report of Activities and Authorize the Chair to Work With Staff to Finalize and Submit 8 Recommended Action: Commission discuss activities and authorize the Chair to work with Staff to finalize and submit report. 4.3.Discussion and Possible Action Regarding Indigenous Peoples Day Celebration Recommended Action: Commission discuss, provide feedback, and take action as appropriate to establish an Ad-Hoc Subcommittee to work with Staff on planning efforts. 2022/09/22 HRC Agenda Page 2 of 35 4.4.Discussion and Updates From Ad-Hoc Subcommittees 9 Ad-Hoc Subcommittee Members Data Sharing Technologies/ALPR Baber, Branch, Custodio-Tan, Medina AAPI Lake, Kean-Ayub Community Survey Kean-Ayub, Custodio-Tan, Lake, Olaoye Recommended Action: Commission discuss, make recommendations as appropriate and take action with respect to the AAPI Ad-Hoc Subcommittee. OTHER BUSINESS 5.STAFF COMMENTS 32 5.1.Update on Community Survey 6.CHAIR'S COMMENTS 7.COMMISSIONERS' COMMENTS 8.ADJOURNMENT to the regular meeting on October 27, 2022 at 6:00 p.m. Materials provided to the Human Relations Commission related to any open- session item on this agenda are available for public review by contacting Human Relations Commission staff at hrc@chulavistaca.gov 2022/09/22 HRC Agenda Page 3 of 35 1 REGULAR MEETING OF THE HUMAN RELATIONS COMMISSION Meeting Minutes August 25, 2022, 6:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Commissioner Felix, Commissioner Lake, Commissioner Medina, Commissioner Olaoye, Commissioner Ratner, Vice- Chair Kean-Ayub, Chair Branch Absent: Commissioner Baber, Commissioner Custodio-Tan, Commissioner Godinez, Commissioner Pajanor Also Present: Secretary Adrianna Hernandez, Marketing and Communications Manager Anne Steinberger _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the Human Relations Commission of the City of Chula Vista was called to order at 6:06 p.m. in Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL Secretary Hernandez called the roll. 3. CONSENT CALENDAR Moved by Commissioner Medina Seconded by Commissioner Olaoye Commission approve consent calendar. 2022/09/22 HRC Agenda Page 4 of 35 2 Yes (7): Commissioner Felix, Commissioner Lake, Commissioner Medina, Commissioner Olaoye, Commissioner Ratner, Vice-Chair Kean-Ayub, Chair Branch Result:Carried (7 to 0) 3.1 Approval of Meeting Minutes Commission approve minutes. 3.2 Written Communications Commission approve requests for excused absences. 4. PRESENTATIONS 4.1 Presentation by San Diego Workforce Partnership and Our Safe Place Regarding Employment Barriers for LGBTQ+ Community Economist Alicia Jurek from San Diego Workforce Partnership and Andres Lopez, Youth Support Partner at SBCS introduced themselves and presented on employment barriers for LGBTQ+ community and responded to questions from several Human Relations Commissioners. 4.2 Presentation by Chula Vista Police Department Executive Captain Phil Collum Regarding Use of Force and Officer Training Chair Branch introduced the item and Executive Captain Phil Collum and Officer Jeff Pace presented in response to a Use of Force article and on cultural competency training for Chula Vista Police Department staff. They also responded to questions from several Human Relations Commissioners. 5. PUBLIC COMMENTS No public comment. 6. ACTION ITEMS 6.1 Discussion and Possible Action Regarding A Community Survey Including Potential Questions and Outreach Plan Commissioner Lake introduced the updated and condensed survey questionnaire and discussion ensued. 2022/09/22 HRC Agenda Page 5 of 35 3 Marketing and Communications Manager Anne Steinberger recommended keeping the survey open for three weeks on the City's webpage. Commissioner Medina requested the survey be translated and Commissioner Lake requested producing hard copies to place in libraries and with other community partners such as SBCS to increase participation. Moved by Commissioner Lake Seconded by Commissioner Kean-Ayub Approve questions for survey and outreach plan. Yes (7): Commissioner Felix, Commissioner Lake, Commissioner Medina, Commissioner Olaoye, Commissioner Ratner, Vice-Chair Kean-Ayub, Chair Branch Result:Carried (7 to 0) 6.2 Discussion and Updates From Ad-Hoc Subcommittees Chair Branch provided an update on the progress of the Technology and Privacy Task Force and their work thus far. Commissioner Lake provided an update and suggested to place an i tem at a future meeting to disband the AAPI Ad-Hoc Subcommittee for the time being. OTHER BUSINESS 7. STAFF COMMENTS Marketing and Communications Manager Anne Steinberger announced the raising of the Pride Flag on August 26, 2022, the removal of the "qua lified- elector" requirement for several Boards and Commissions which will be on the ballot this November, the launch of a new small business and non-profit grant program on August 29, 2022, and provided an update on the temporary closure of Harborside Park. Vice Chair Kean-Ayub requested a presentation at a future meeting from non - profits like Alpha Project and McAlister on the services they provide to the unsheltered community in Chula Vista. 8. CHAIR'S COMMENTS 2022/09/22 HRC Agenda Page 6 of 35 4 9. COMMISSIONERS' COMMENTS Commissioner Medina requested information on the City's plan for Indigenous Peoples Day and offered to help with any event planning as well as inclusion of tribal leaders. Commissioner Felix thanked City Council and City staff for getting the "qualified- elector" item on the November ballot. 10. ADJOURNMENT The meeting was adjourned at 8:52 p.m. Minutes prepared by: Adrianna Hernandez Secretary _________________________ Adrianna Hernandez, Secretary 2022/09/22 HRC Agenda Page 7 of 35 ANNUAL ACTIVITY REPORT CITY OF CHULA VISTA BOARDS & COMMISSIONS FISCAL YEAR 2021-2022 Board/Commission: Human Relations Commission Highlights of Activities during the past fiscal year:  The Human Relations Commission held nine meetings between July 2021 and June 2022.  Elected Chair and Vice Chair for Fiscal Year 2021/2022. Commissioner Petrina Branch as Chair and Commissioner Nadia Kean-Ayub as Vice-Chair.  Created three Ad-Hoc Subcommittees: Data Sharing Technologies/ALPR, AAPI, and Community Survey. All these Ad-Hoc Subcommittees are project specific and will sunset upon completion of project.  The Commission participated in South Bay Pride and held a booth to engage, connect and solicit input from the community.  Two Commissioner members continue to serve on the Christopher Columbus Statue and Discovery Park Task Force. The members included Commissioner Paola Martinez-Montes (until her resignation from the Human Relations Commission), and Commissioner Ricardo Medina. Vice Chair Nadia Kean-Ayub was later selected to replace Commissioner Martinez- Montes.  The Chula Vista Police Department presented a Quarterly Automated License Plate Reader (ALPR) Program Update.  The Commission sent a letter to the City Manager and City Council regarding the Automated License Plate Reader Program and the Commission’s role regarding the Program’s quarterly updates. In response, the City Council relieved the Commission of its responsibility to receive quarterly updates. The Commission later requested City Council re-consider their action, at least until another body was formed to receive the updates.  The Commission received a presentation by City staff and Madaffer Enterprises on the Citywide Oversight and Privacy Policy Initiative, and the Commission was designated a seat on the newly formed Technology and Privacy Advisory Task Force. Commissioner Candice Custodio-Tan served on the Task Force initially and Chair Branch was later appointed to replace Commissioner Custodio-Tan due to change in availability.  Commission received a presentation by the Chula Vista Homeless Outreach Team on outreach and housing efforts for the unsheltered population in the City.  Commission decided to pursue the creation of a community survey to gather input and feedback from the community instead of attending various community events.  Commission received a presentation from the City Clerk’s Office Board and Commission Meeting Accessibility.  Chair Branch and City staff organized and held a Juneteenth Flag Raising Ceremony at City Hall. Board/Commission comments or recommendations to Council: No recommendations to Council. 2022/09/22 HRC Agenda Page 8 of 35 Surveillance & Community Safety Ordinance (Revised - July 15, 2022) ORDINANCE ADDING CHAPTER XXXX TO THE CHULA VISTA MUNICIPAL CODE ESTABLISHING RULES FOR THE CITY’S ACQUISITION AND USE OF SURVEILLANCE TECHNOLOGY WHEREAS, the City of Chula Vista (“City”) takes great public pride in its status as a Welcoming City and as a Smart City; and WHEREAS, smart public safety decisions and the protection of all community members require that municipalities ensure public debate and community involvement in decisions about whether to acquire or use surveillance technology; moreover, that real public safety requires that residents have a voice in these decisions; and WHEREAS, across the U.S. cities that have adhered to a “privacy bill of rights” approach are able to win public support in implementing the technology with proper safeguards in place to build trust. Alternatively, cities that implement new technology in secrecy, without oversight, without policy, and without broad and inclusive public input have found themselves facing scrutiny, lawsuits, and voter referendums to ban certain technologies. WHEREAS, the City Council finds it is essential to have an informed public debate as early as possible about decisions related to the City’s acquisition and use of surveillance technology; and WHEREAS, the City Council finds that, while the use of surveillance technology may threaten the privacy of all citizens, throughout history, surveillance efforts have been used to intimidate and oppress certain communities and groups more than others, including those that are defined by a common race, ethnicity, religion, national origin, income level, sexual orientation or political perspective; and WHEREAS, while acknowledging the significance of protecting the privacy of citizens, the City Council finds that surveillance technology may also be a valuable tool to bolster community safety and aid in the investigation and prosecution of crimes; and WHEREAS, the City Council finds that surveillance technology includes not just technology capable of accessing non-public places or information (such as wiretaps) but also may include technology which aggregates publicly available information, because such information, in the aggregate or when pieced together with other information, has the potential to reveal a wealth of detail about a person’s familial, political, professional, religious, or sexual associations; and 1 2022/09/22 HRC Agenda Page 9 of 35 WHEREAS, the City Council finds that no decisions relating to the City’s use of surveillance technology should occur without strong consideration being given to the impact such technologies may have on civil rights and civil liberties, including those rights guaranteed by the California and United States Constitutions; and WHEREAS, the City Council finds that any and all decisions regarding if and how the City’s surveillance technologies should be funded, acquired, or used should include meaningful public input and that public opinion should be given significant weight in policy decisions; and WHEREAS, the City Council finds that legally enforceable safeguards, including robust transparency, oversight, and accountability measures, must be in place to protect civil rights and civil liberties before any City surveillance technology is deployed; and WHEREAS, the City Council finds that if a surveillance technology is approved, data reporting measures must be adopted that empower the City Council and public to verify that mandated civil rights and civil liberties safeguards have been strictly adhered to. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. Establishment A.This Ordinance shall be known as the Surveillance and Community Safety Ordinance. B.Chula Vista Municipal Code Chapter XXXX,is hereby added as set forth below: Chapter XXXX. REGULATIONS ON CITY’S ACQUISITION AND USE OF SURVEILLANCE TECHNOLOGY C.Definitions 1.“Annual Surveillance Report” means a written report concerning a specific surveillance technology that includes all the following: a.A description of how the surveillance technology was used, including the type and quantity of data gathered or analyzed by the technology; b.Whether and how often data acquired through the use of the surveillance technology was shared with internal or external entities, the name of any recipient entity, the type(s) of data disclosed, under what legal standard(s) the information was disclosed, and the justification for the disclosure(s) except that no confidential or sensitive information should be disclosed that would violate any applicable law or would undermine the legitimate security interests of the City; c.Where applicable, a description of the physical objects to which the surveillance technology hardware was installed without revealing the specific location of such 2 2022/09/22 HRC Agenda Page 10 of 35 hardware; for surveillance technology software, a breakdown of what data sources the surveillance technology was applied to; d.Where applicable, a description of where the surveillance technology was deployed geographically, by each Police Area in the relevant year; e.A summary of community complaints or concerns about the surveillance technology, and an analysis of its Surveillance Use Policy and whether it is adequate in protecting civil rights and civil liberties. The analysis shall consider whether, and to what extent, the use of the surveillance technology disproportionately impacts certain groups or individuals; f.The results of any internal audits or investigations relating to surveillance technology, any information about violations or potential violations of the Surveillance Use Policy, and any actions taken in response.To the extent that the public release of such information is prohibited by law, City staff shall provide a confidential report to the City Council regarding this information to the extent allowed by law; g.Information about any data breaches or other unauthorized access to the data collected by the surveillance technology, including information about the scope of the breach and the actions taken in response, except that no confidential or sensitive information should be disclosed that would violate any applicable law or would undermine the legitimate security interests of the City; h.A general description of all methodologies used to detect incidents of data breaches or unauthorized access, except that no confidential or sensitive information should be disclosed that would violate any applicable law or would undermine the legitimate security interests of the City; I.Information, including crime statistics, that helps the community assess whether the surveillance technology has been effective at achieving its identified purposes; i.Statistics and information about Public Records Act requests regarding the relevant subject surveillance technology, including response rates, such as the number of Public Records Act requests on such surveillance technology and the open and close date for each of these Public Records Act requests; j.Total annual costs for the surveillance technology,including personnel and other ongoing costs, and what source of funding will fund the surveillance technology in the coming year; and k.Any requested modifications to the Surveillance Use Policy and a detailed basis for the request. 3 2022/09/22 HRC Agenda Page 11 of 35 2.“City” means any department, unit, program, and/or subordinate division of the City of Chula Vista as provided by Chapter XXXX of the Chula Vista Municipal Code. 3.“City staff” means City personnel authorized by the City Manager or appropriate City department head to seek City Council Approval of Surveillance Technology in conformance with this Chapter. 4.“Community meeting” means a publicly held meeting that is accessible, noticed at least seventy-two hours in advance in at least two languages, for the purpose of educating communities, answering questions, and learning about potential impacts of surveillance technology on disadvantaged groups. 5.“Continuing agreement” means a written agreement that automatically renews unless terminated by one or more parties. 6.“Exigent circumstances” means a City department’s good faith belief that an emergency involving imminent danger of death or serious physical injury to any individual requires the use of surveillance technology that has not received prior approval by City Council. 7.“Facial recognition technology” means an automated or semi-automated process that assists in identifying or verifying an individual based on an individual’s face. 8.“Individual” means a natural person. 9.“Personal communication device” means a mobile telephone, a personal digital assistant, a wireless capable tablet and a similar wireless two-way communications and/or portable internet-accessing device, whether procured or subsidized by a City entity or personally owned, that is used in the regular course of City business. 10.“Police area” refers to each of the geographic districts assigned to a Chula Vista Police Department captain or commander and as such districts are amended from time to time. 11.“Surveillance” (or “spying”) means to observe or analyze the movements, behavior, data, or actions of individuals. Individuals include those whose identity can be revealed by data or combinations of data, such as license plate data, images, IP addresses, user identifications, unique digital identifiers, or data traces left by the individual. 12.“Surveillance technology” means any software (e.g., scripts, code, Application Programming Interfaces), electronic device, or system utilizing an electronic device used, designed, or primarily intended to observe, collect, retain, analyze, process, or share audio, electronic, visual, location, thermal, olfactory, biometric, or similar information specifically associated with, or capable of being associated with, any individual or group. It also includes the product (e.g., audiovisual recording, data, analysis, report) of such surveillance technology. Examples of surveillance technology include, but are not limited to the following: cell site simulators (Stingrays); automated license plate readers; gunshot detectors (ShotSpotter); drone-mounted data collection; 4 2022/09/22 HRC Agenda Page 12 of 35 facial recognition software; thermal imaging systems; body-worn cameras; social media analytics software; gait analysis software; video cameras that can record audio or video and transmit or be remotely accessed. It also includes software designed to monitor social media services or forecast and/or predict criminal activity or criminality, and biometric identification hardware or software. “Surveillance technology” does not include devices, software, or hardware, unless they have been equipped with, or are modified to become or include, a surveillance technology beyond what is set forth below or used beyond a purpose as set forth below: a.Routine office hardware, such as televisions,computers, credit card machines, badge readers, copy machines, and printers, that is in widespread use and will not be used for any public surveillance or law enforcement functions related to the public; b.Parking Ticket Devices (PTDs) used solely for parking enforcement-related purposes, including any sensors embedded in parking sensors to detect the presence of a car in the space; c.Manually-operated, non-wearable, handheld digital cameras, audio recorders, and video recorders that are not designed to be used surreptitiously and whose functionality is limited to manually-capturing and manually-downloading video and/or audio recordings; d.Surveillance devices that cannot record or transmit audio or video or be remotely accessed, such as image stabilizing binoculars or night vision goggles; e.Manually-operated technological devices used primarily for internal municipal entity communications and are not designed to surreptitiously collect surveillance data, such as radios and email systems; f.City databases that do not contain any data or other information collected, captured, recorded, retained, processed, intercepted, or analyzed by surveillance technology, including payroll, accounting, or other fiscal databases; g.Medical equipment used to diagnose, treat, or prevent disease or injury, provided that any information obtained from this equipment is used solely for medical purposes; h.Police department interview room cameras; i.City department case management systems; j.Personal Communication Devices that have not been modified beyond stock manufacturer capabilities in a manner described above; 5 2022/09/22 HRC Agenda Page 13 of 35 k.Surveillance technology used by the City solely to monitor and conduct internal investigations involving City employees, contractors, and volunteers; and, l.Systems, software, databases, and data sources used for revenue collection on behalf of the City by the City Treasurer, provided that no information from these sources is shared by the City Treasurer with any other City department or third-party except as part of efforts to collect revenue that is owed to the City. 14. “Surveillance Impact Report” means a publicly-posted written report including, at a minimum, the following: a.Description: Information describing the surveillance technology and how it works, including product descriptions from manufacturers; b.Purpose: Information on the proposed purposes(s) for the surveillance technology; c.Location: The physical or virtual location(s)it may be deployed, using general descriptive terms, and crime statistics for any location(s); d.Impact: An assessment of the Surveillance Use Policy for the particular technology and whether it is adequate in protecting civil rights and liberties and whether the surveillance technology was used or deployed, intentionally or inadvertently, in a manner that may disproportionately affect marginalized communities; e.Mitigations: Identify specific, affirmative technical and procedural measures that will be implemented to safeguard the public from each identified impact; f.Data Types and Sources: A list of all types and sources of data to be collected, analyzed, or processed by the surveillance technology, including open source data, scores, reports, logic or algorithm used, and any additional information derived therefrom; g.Data Security: Information about the controls that will be designed and implemented to ensure that adequate security objectives are achieved to safeguard the data collected or generated by the surveillance technology from unauthorized access or disclosure; h.Fiscal Costs and Sources: The forecasted, prior, and ongoing fiscal costs for the surveillance technology, including initial purchase, personnel, and other ongoing costs, and any past, current or potential sources of funding; 6 2022/09/22 HRC Agenda Page 14 of 35 i.Third-Party Dependence: Whether use or maintenance of the surveillance technology will require data gathered by the surveillance technology to be handled or stored by a third-party vendor at any time; j.Alternatives: A summary of all alternative methods (whether involving the use of a new technology or not) considered before deciding to use the proposed surveillance technology, including the costs and benefits associated with each alternative and an explanation of the reasons why each alternative is inadequate; k.Track Record: A summary of the experience (if any) other entities, especially government entities, have had with the proposed technology, including, if available, quantitative information about the effectiveness of the proposed surveillance technology in achieving its stated purpose in other jurisdictions, and any known adverse information about the surveillance technology such as unanticipated costs, failures, or civil rights and civil liberties abuses, existing publicly reported controversies, and any court rulings in favor or in opposition to the surveillance; and l.Public engagement and comments: A description of any community engagement held and any future community engagement plans, number of attendees, a compilation of all comments received and City departmental responses given, and City departmental conclusions about potential neighborhood impacts and how such impacts may differ as it pertains to different segments of the community that may result from the acquisition of surveillance technology. 15. "Surveillance Use Policy" means a publicly-released and legally-enforceable policy for use of the surveillance technology that at a minimum specifies the following: a.Purpose: The specific purpose(s) that the surveillance technology is intended to advance; b.Use: The specific uses that are authorized, and the rules and processes required prior to such use; c.Data Collection: The information that can be collected, captured, recorded, intercepted, or retained by the surveillance technology, as well as data that might be inadvertently collected during the authorized uses of the surveillance technology and what measures will be taken to minimize and delete such data. Where applicable, any data sources the surveillance technology will rely upon, including open source data, should be listed; 7 2022/09/22 HRC Agenda Page 15 of 35 d.Data Access: The job classification of individuals who can access or use the collected information, and the rules and processes required prior to access or use of the information; e.Data Protection: The safeguards that protect information from unauthorized access, including logging, encryption, and access control mechanisms; f.Data Retention: The time period, if any, for which information collected by the surveillance technology will be routinely retained, the reason such retention period is appropriate to further the purpose(s), the process by which the information is regularly deleted after that period lapses, and the specific conditions that must be met to retain information beyond that period; g.Public Access: A description of how collected information can be accessed or used by members of the public, including criminal defendants; h.Third Party Data Sharing: If and how information obtained from the surveillance technology can be used or accessed, including any required justification or legal standard necessary to do so and any obligations imposed on the recipient of the information; i.Training: The training required for any individual authorized to use the surveillance technology or to access information collected by the surveillance technology; j.Auditing and Oversight: The procedures used to ensure that the Surveillance Use Policy is followed, including internal personnel assigned to ensure compliance with the policy, internal recordkeeping of the use of the surveillance technology or access to information collected by the surveillance technology, technical measures to monitor for misuse, any independent person or entity with oversight authority, and the legally enforceable sanctions for violations of the policy; and k.Maintenance: The procedures used to ensure that the security and integrity of the surveillance technology and collected information will be maintained. Section II. Privacy Advisory Commission (“Commission”) Notification and Review Requirements A.Commission Notification Required Prior to City Solicitation of Funds and Proposals for Surveillance Technology. 1. City staff shall notify the Chair of the Commission by written memorandum along with providing a Surveillance Use Policy and a Surveillance Impact Report prior to: 8 2022/09/22 HRC Agenda Page 16 of 35 a.Seeking or soliciting funds for surveillance technology, including but not limited to applying for a grant; b.Soliciting proposals with any entity to acquire, share or otherwise use surveillance technology including the information it provides; or c. Formally or informally facilitating in a meaningful way or implementing surveillance technology in collaboration with other entities, including City ones. 2. Upon notification by City staff, the Chair of the Commission shall place the item on the agenda at the next Commission meeting for discussion and possible action. At this meeting, City staff shall present the Commission with evidence of the need for the funds or equipment, or shall otherwise justify the action City staff will seek Council approval for pursuant to Section III. 3. The Commission may make a recommendation to the City Council by voting for approval to proceed, by objecting to the proposal, by recommending that the City staff modify the proposal, or by taking no action. 4. If the Commission votes to approve, object, or modify the proposal, City staff may proceed and seek City Council approval of the proposed surveillance technology initiative pursuant to the requirements of Section III. City staff shall present to City Council the result of the Commission’s review, including any objections to the proposal. 5. If the Commission does not make its recommendation on the item within 90 calendar days of notification to the Commission Chair, City staff may proceed and seek City Council approval of the proposed Surveillance Technology initiative pursuant to the requirements of Section II. B.Commission Review and Approval Required for New Surveillance Technology Before City Council Approval 1. Prior to seeking City Council approval under Section III, City staff shall submit a Surveillance Impact Report and a Surveillance Use Policy for the proposed new surveillance technology initiative to the Commission for its review at a publicly noticed meeting. The Surveillance Impact Report and Surveillance Use Policy must address the specific subject matter specified for each document as set forth in Section I. 2. The Commission shall approve, modify, or reject the proposed Surveillance Use Policy. If the Commission proposes that the Surveillance Use Policy be modified, the Commission shall propose such modifications to City staff. City staff shall present such modifications to the Commission for approval before seeking City Council approval under Section III. 3. Prior to submitting the Surveillance Impact Report, City staff shall complete one or more community meetings in each City Council district where the proposed surveillance 9 2022/09/22 HRC Agenda Page 17 of 35 technology is deployed, with opportunity for public comment and written response. The City Council may condition its approval of the proposed surveillance technology on City staff conducting additional community engagement before approval, or after approval as a condition of approval. 4. The Commission shall recommend that the City Council adopt, modify, or reject the proposed Surveillance Use Policy. If the Commission proposes that the Surveillance Use Policy be modified, the Commission shall propose such modifications to City staff. City staff shall present such modifications to City Council when seeking City Council approval under Section III. 5. If the Commission does not make its recommendation on a presented item within 90 days of notification to the Commission Chair pursuant to Section II, City staff may seek City Council approval of the item. 6. City staff seeking City Council approval shall schedule for City Council consideration and approval of the proposed Surveillance Use Policy, and include Commission recommendations, at least fifteen (15) days prior to a mandatory, properly noticed, germane public hearing. Approval may only occur at a public hearing. C.Commission Review Requirements for Existing Surveillance Technology Before Seeking City Council Approval 1. Prior to seeking City Council approval for existing City surveillance technology used by the City under Section III, City staff shall submit a Surveillance Impact Report and Surveillance Use Policy for each existing surveillance technology to the Commission for its review, and for the public’s review, at least fifteen (15) days prior to a publicly noticed meeting, so the public can prepare for and participate in the Commission meetings. The Surveillance Impact Report and Surveillance Use Policy shall address the specific subject matters set forth for each document in Section I. 2. Prior to submitting the Surveillance Impact Report, City staff shall complete one or more community meetings in each City Council district where the proposed surveillance technology is deployed with opportunity for public comment and written response. The City Council may condition its approval on City staff conducting additional outreach before approval, or after approval as a condition of approval. 3. Prior to submitting the Surveillance Impact Report and proposed Surveillance Use Policy as described above, City staff shall present to the Commission, and for public review, a list of all surveillance technology possessed and/or used by the City. 4. The Commission shall rank the surveillance technology items in order of potential impact to civil liberties to provide a recommended sequence for items to be heard at Commission meetings. The Commission shall take into consideration input from City 10 2022/09/22 HRC Agenda Page 18 of 35 staff on the operational importance of the surveillance technology in determining the ranking to allow such matters to be heard in a timely manner. 5. Within sixty (60) days of the Commission’s action in Section II(C)(4), and continuing every month thereafter until a Surveillance Impact Report and a Surveillance Use Policy have been submitted for each item of the list, City staff shall submit at least one (1) Surveillance Impact Report and one (1) proposed Surveillance Use Policy per month to the Commission for review, generally beginning with the highest ranking surveillance technology items as determined by the Commission. 6. If the Commission does not make its recommendation on any item within 90 days of submission to the Commission Chair, City staff may proceed to the City Council for approval of the item pursuant to Section III. Section III. City Council Approval Requirements for New and Existing Surveillance Technology A. City staff shall obtain City Council approval prior to any of the following: 1. Accepting local, state, or federal funds, or in-kind or other donations for surveillance technology; x2. Acquiring new surveillance technology, including but not limited to procuring such technology without the exchange of monies or consideration; 3. Using existing surveillance technology, or using new surveillance technology, including the information the surveillance technology provides, for a purpose, in a manner, or in a location not previously approved by the City Council pursuant to the requirements of this ordinance; or 4. Entering into a continuing agreement or written agreement with to acquire, share or otherwise use surveillance technology or the information it provides, including data-sharing agreements. 5. Notwithstanding any other provision of this section, nothing herein shall be construed to prevent, restrict or interfere with any person providing evidence or information derived from surveillance technology to a law enforcement agency for the purposes of conducting a criminal investigation or the law enforcement agency from receiving such evidence or information. B.City Council Approval Process 1. After the Commission notification and review requirements in Section II have been met, City staff seeking City Council approval shall schedule a date for City Council consideration of the proposed Surveillance Impact Report and proposed Surveillance 11 2022/09/22 HRC Agenda Page 19 of 35 Use Policy, and include Commission recommendations, at least fifteen (15) days prior to a mandatory, properly-noticed, germane public hearing. Approval may only occur at a public hearing. 2. The City Council shall only approve any action as provided in this Chapter after first considering the recommendation of the Commission, and subsequently making a determination that the benefits to the community of the surveillance technology outweigh the costs; that the proposal will safeguard civil liberties and civil rights; and that, in the City Council’s judgment, no alternative with a lesser economic cost or impact on civil rights or civil liberties would be as effective. 3. For Approval of existing surveillance technology for which the Commission does not make its recommendation within ninety (90) days of review as provided for in Section II: if the City Council has not reviewed and approved such item within four (4) City Council meetings from when the item was initially scheduled for City Council consideration, the City shall cease its use of the surveillance technology until such review and approval occurs. C.Surveillance Impact Reports and Surveillance Use Policies as Public Records 1.Unless otherwise provided in this Ordinance, Surveillance Impact Reports and Surveillance Use Policies are public records. 2.City staff shall make all Surveillance Impact Reports and Surveillance Use Policies, as updated from time to time, available to the public as long as the City uses the surveillance technology in accordance with its request pursuant to Section II. 3.City staff shall post all Surveillance Impact Reports and Surveillance Use Policies to the City’s website with an indication of its current approval status and the planned City Council date for action. Section IV.Use of Unapproved Surveillance Technology during Exigent Circumstances A. City staff may temporarily acquire or use surveillance technology and the data derived from that use in a manner not expressly allowed by a Surveillance Use Policy only in a situation involving exigent circumstances. B. If City staff acquires or uses a surveillance technology in a situation involving exigent circumstances, City staff shall: 1.Immediately report in writing the use of the surveillance technology and its justifications to the City Council and the Commission; 2.Use the surveillance technology solely to respond to the exigent circumstances; 3.Cease using the surveillance technology when the exigent circumstances end; 12 2022/09/22 HRC Agenda Page 20 of 35 4.Only keep and maintain data related to the exigent circumstances and dispose of any data that is not relevant to an ongoing investigation or the exigent circumstances; and 5.Following the end of the exigent circumstances, report the temporary acquisition or use of the surveillance technology for exigent circumstances to the Commission in accordance with Section II of this ordinance at its next meeting for discussion and possible recommendation to the City Council. C. Any surveillance technology acquired in accordance with exigent circumstances shall be returned within thirty (30) calendar days following when the exigent circumstances end, unless City staff initiates the process set forth for the use of the surveillance technology by submitting a Surveillance Use Policy and Surveillance Impact Report for Commission review within this 30-day time period. If City staff is unable to meet the 30-day deadline, City staff shall notify the City Council, who may grant an extension. In the event that City staff complies with the 30-day deadline or the deadline as may be extended by the City Council, City staff may retain possession of the surveillance technology, but may only use such surveillance technology consistent with the requirements of this Ordinance. Section V. Oversight Following City Council Approval A.Annual Surveillance Report 1. For each approved surveillance technology item, City staff shall present a written Annual Surveillance Report for the Commission to review within one year after the date of City Council final passage of such surveillance technology and annually thereafter as long as the surveillance technology is used. 2. If City staff is unable to meet the annual deadline, City staff shall notify the Commission in writing of staff’s request to extend this period, and the reasons for that request. The Commission may grant a single extension of up to sixty (60) calendar days to comply with this provision. 3. After review of the Annual Surveillance Report by the Commission, City staff shall submit the Report to the City Council. 4. The Commission shall recommend to the City Council: (a) that the benefits to the community of the surveillance technology in question outweigh the costs and that civil liberties and civil rights are safeguarded; (b) that use of the surveillance technology cease; or (c) propose modifications to the corresponding Surveillance Use Policy that will resolve any identified concerns. 5. If the Commission does not make its recommendation on the item within 90 calendar days of submission of the Annual Surveillance Report to the Commission Chair, City staff may proceed to the City Council for approval of the Annual Surveillance Report. B.Summary Of All Requests And Recommendations And City Council Determination 13 2022/09/22 HRC Agenda Page 21 of 35 1. In addition to the above submission of any Annual Surveillance Report, City staff shall provide in its report to the City Council a summary of all requests for City Council approval pursuant to Section III for that particular surveillance technology and the pertinent Commission recommendation, including whether the City Council approved or rejected the proposal and/or required changes to a proposed Surveillance Use Policy before approval. 2. Based upon information provided in the Annual Surveillance Report and after considering the recommendation of the Commission, the City Council shall revisit its “cost benefit” analysis as provided in Section III(B)(2) and either uphold or set aside the previous determination. Should the City Council set aside its previous determination, the City’s use of the surveillance technology must cease. Alternatively, City Council may require modifications to a particular Surveillance Use Policy that will resolve any concerns with the use of a particular surveillance technology. Section VI. Enforcement A.Violations of this article are subject to the following remedies: 1. Any material violation of this Ordinance, or of a Surveillance Use Policy promulgated pursuant to this Ordinance, constitutes an injury and any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in the Superior Court of the State of California to enforce this Ordinance. An action instituted under this paragraph shall be brought against the City of Chula Vista and, if necessary, to effectuate compliance with this Ordinance or a Surveillance Use Policy (including to expunge information unlawfully collected, retained, or shared thereunder), any other governmental agency with possession, custody, or control of data subject to this Ordinance, to the extent permitted by law. 2. Any person who has been subjected to the use of surveillance technology in material violation of this Ordinance, or of a material violation of a Surveillance Use Policy, or about whom information has been obtained, retained, accessed, shared, or used in violation of this Ordinance or of a Surveillance Use Policy promulgated under this Ordinance, may institute proceedings in the Superior Court of the State of California against the City of Chula Vista and shall be entitled to recover actual damages (but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater). 3. A court may award costs and reasonable attorneys' fees to the plaintiff who is the prevailing party in an action brought under paragraphs A(1) and A(2) under Section VI above. 14 2022/09/22 HRC Agenda Page 22 of 35 Section VII. Contract for Surveillance Technology A.Contracts and agreements for surveillance technology 1.It shall be unlawful for the City to enter into any contract or other agreement for surveillance technology that conflicts with the provisions of this Ordinance. Any conflicting provisions in any such contract or agreements, including but not limited to non-disclosure agreements, shall be deemed void and legally unenforceable. Any amendment or exercise of any option to any contract to obtain or use surveillance technology shall require City staff to comply with the provisions of this Ordinance. 2.To the extent permitted by law, the City shall publicly disclose all of its surveillance contracts, including any and all related non-disclosure agreements, if any, regardless of any contract terms to the contrary. Section VIII. Whistleblower Protections A. Neither the City nor anyone acting on behalf of the City may take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee or applicant for employment, including but not limited to discriminating with respect to compensation, terms and conditions of employment, access to information, restrictions on due process rights, or civil or criminal liability, because: 1.The employee or applicant was perceived to, about to, or assisted in any lawful disclosure of information concerning the funding, acquisition, or use of a surveillance technology or surveillance data based upon a good faith belief that the disclosure evidenced a violation of this Ordinance; or 2.The employee or applicant was perceived to, about to, had assisted in or had participated in any proceeding or action to carry out the purposes of this Ordinance. B. It shall be grounds for disciplinary action for a City employee or anyone else acting on behalf of the City to retaliate against another City employee or applicant who makes a good-faith complaint that there has been a failure to comply with any Surveillance Use Policy or administrative instruction promulgated under this Ordinance. C. Any employee or applicant who is injured by a violation of this Section may institute a proceeding for monetary damages and injunctive relief against the City in any court of competent jurisdiction. 15 2022/09/22 HRC Agenda Page 23 of 35 Section IX. Review of Existing Surveillance Use Policies and Adoption as Ordinances A. Surveillance technology is considered existing if the City possessed, used, or has a contract in force and effect for the use of surveillance technology, or any resulting data, on the effective date of this Ordinance. B. The requirement for City staff to present a list of all existing surveillance technology and, once ranked, to seek monthly Commission review and approval for the use of existing surveillance technology shall begin within sixty (60) days after the effective date of this Ordinance. C. As per Section II, City staff shall return to City Council with an ordinance or ordinances for adoption and codification under the Chula Vista Municipal Code of all Surveillance Use Policies, but only after proper Commission and City Council review of any Surveillance Use Policies for existing surveillance technology, and with a 15-day public notice period in each instance to allow the public to prepare and participate in the meetings. Section X. 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 XI. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section XII. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. 16 2022/09/22 HRC Agenda Page 24 of 35 Section XIII. 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 ____________________________________________________________________ Maria Kachadoorian Glen R Googins City Manager City Attorney 17 2022/09/22 HRC Agenda Page 25 of 35 Privacy Advisory Commission Ordinance (Revised - July 15, 2022) ORDINANCE NO. _________________ ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING THE CHULA VISTA PRIVACY ADVISORY COMMISSION PROVIDING FOR THE APPOINTMENT OF MEMBERS THEREOF, AND DEFINING THE DUTIES AND FUNCTIONS OF SAID COMMISSION WHEREAS, the Chula Vista City Council (City Council) finds that the use of surveillance technology is important to protect public health and safety, but such use must be appropriately monitored and regulated to protect the privacy and other rights of Chula Vista residents and visitors, and WHEREAS the City of Chula Vista (the City) has been building on a detailed Smart City Strategic Action Plan since 2017 with limited opportunity for community input, oversight or control; and WHEREAS Chula Vista seeks to maintain its designation by Welcoming America as a certified Welcoming City, City Council strives to comply with the criteria in the Welcoming Standard, in particular, relevant criteria relating to “Safe Communities”, “Equitable Access”, and “Civic Engagement”; and WHEREAS, the City Council recognizes the use of open data associated with surveillance technology offers benefits to the City, but those benefits must also be weighed against the costs, both fiscal and civil liberties; and WHEREAS, the City Council recognizes that surveillance technology may be a valuable tool to support community safety, investigations, and prosecution of crimes, but must be balanced with the individual’s right to privacy, it also; and WHEREAS, the City Council recognizes that privacy is not just a personal matter; there are societal consequences to privacy degradation over time as well as societal benefits with increased trust and transparency; and WHEREAS, the City Council finds that surveillance technology includes not just technology capable of accessing non-public places or information, but also may include technology that aggregates publicly-available information, which, in the aggregate or when 1 2022/09/22 HRC Agenda Page 26 of 35 pieced together with other information, has the potential to reveal details about a person’s familial, political, professional, religious, or intimate associations; and WHEREAS, the City Council recognizes that government surveillance may chill associational and expressive freedoms; and WHEREAS, the City Council recognizes that data from surveillance technology can be used to intimidate and oppress certain groups more than others, including those that are defined by a common race, ethnicity, religion, national origin, income level, sexual orientation, or political perspective; and WHEREAS, the City Council finds that safeguards, including robust transparency, oversight, and accountability measures, must be in place to protect civil rights and civil liberties before City surveillance technology is deployed; and WHEREAS, the City Council finds that decisions regarding if and how the City’s surveillance technologies should be funded, acquired, or used should include meaningful public input; and WHEREAS, on January 18, 2022, City Council unanimously approved creation of a “Technology and Privacy Advisory Task Force” to draft policy and recommendations to be presented to the City Council for consideration, and further requested that the City Administration prepare a “Citywide Technology Oversight Policy”; and WHEREAS, the said Technology and Privacy Advisory Task Force recommends creation of a new permanent citizen advisory board known as the “Privacy Advisory Commision” to advise the Mayor and City Council on transparency, accountability, and public deliberation in the City’s acquisition and usage of surveillance technology and data; and WHEREAS, Article VI, Section 600 of the City Charter reserves to the City Council the authority to create boards and commissions by ordinance, and to prescribe their function, powers, duties, membership, appointment, terms, qualifications, eligibility, reimbursements for expenses, if any; NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as follows: Section I. Establishment A.Establishment and Appropriations Pursuant to Article VI of the Charter of the City of Chula Vista, there is hereby created a Chula Vista Privacy Advisory Commission (hereinafter referred to as the “Privacy Commission” or “Commission”). Appropriations of funds sufficient for the efficient and proper functioning of the Privacy Commission shall be included in the annual budget by the City Council. 2 2022/09/22 HRC Agenda Page 27 of 35 B.Purpose and Intent It is the purpose and intent of the City Council to establish a Privacy Commission to serve as an advisory body to the Mayor and City Council on policies and issues related to privacy and surveillance. The Commission will provide advice intended to ensure transparency, accountability, and public deliberation in the City’s acquisition and use of surveillance technology. C.Definitions For purposes of this ordinance, all words defined in the CVMC Chapter XXXX, known as the Chula Vista Surveillance and Community Safety Ordinance, have the same meaning herein. D.Membership The Privacy Advisory Commission shall consist of nine (9) members, who shall serve without compensation. At least six (6) members shall be Chula Vista residents. Members shall be appointed by the City Council. E.Qualifications of Members All members of the Privacy Advisory Commission shall be persons who have a demonstrated interest in privacy rights through work experience, civic participation, and/or political advocacy. The City Council shall appoint the nine (9) members from the following representative areas of organization interest, expertise, and background: 1.At least one attorney or legal scholar with expertise in privacy or civil rights, or a representative of an organization with expertise in privacy or civil rights; 2.One auditor or certified public accountant; 3.One computer hardware, software, or encryption security professional; 4.One member of an organization that focuses on open government and transparency or an individual, such as a university researcher, with experience working on open government and transparency; and 5.At least four (4) members from equity-focused organizations serving or protecting the rights of communities and groups historically subject to disproportionate surveillance, including communities of color, immigrant communities, religious minorities, and groups concerned with privacy and protest. Member qualifications and eligibility shall be in accordance with Chula Vista Charter Article VI, Section 602, and CVCM Section 2.25.030. No member shall have a state law-prohibited financial interest, employment, or policy-making position in any commercial or for-profit facility, research center, or other organization that sells data products, surveillance equipment, or otherwise profits from recommendations made by the Privacy Advisory Commission. F.Terms 3 2022/09/22 HRC Agenda Page 28 of 35 Pursuant to Article VI, Section 602 of the City Charter, members shall be appointed by motion of the City Council adopted by at least three affirmative votes. The members thereof shall serve for a term of four (4) years and until their respective successors are appointed and confirmed. Members shall be limited to a maximum of two (2) consecutive terms and an interval of two (2) years must pass before a person who has served two (2) consecutive terms may be reappointed to the body upon which the member had served. Initial members shall be appointed in staggered terms by lot. For the initial appointments, three (3) members shall be appointed to an initial term that will expire on June 30, 2023, and two (2) members shall be appointed to an initial term that will expire on June 30 of each subsequent year. Initial appointments to a term of two years or less shall not have the initial term count for purposes of the eight-year term limit. G.Rules The Commission shall hold regular meetings as required by ordinance of the City Council, and such special meetings as such commissions may require. All proceedings shall be open to the public. At the first regular meeting, and subsequently at the first regular meeting of each year following the first day of July of every year, members of the Privacy Advisory Commission shall select a chairperson and a vice chairperson. The Commission shall adopt rules for the government of its business and procedures in compliance with the law. The Commission rules shall provide that a quorum of the Privacy Advisory Commission is five people. Pursuant to Article VI, Section 603 of the City Charter, the Commission shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Section II. Privacy Advisory Commission: Duties and Functions A.Duties and Functions The Privacy Advisory Commission shall: 1.Provide advice and technical assistance to the City on best practices to protect resident and visitor privacy rights in connection with the City’s acquisition and use of surveillance technology. 2.Conduct meetings and use other public forums to collect and receive public input on the above subject matter. 3.Review Surveillance Impact Reports and Surveillance Use Policies for all existing and new surveillance technology and make recommendations prior to the City seeking solicitation of funds and proposals for surveillance technology. 4.Submit annual reports and recommendations to the City Council regarding: 4 2022/09/22 HRC Agenda Page 29 of 35 a.The City’s use of surveillance technology; and b.Whether new City surveillance technology privacy and data retention policies should be developed, or existing policies should be amended. c.Provide analysis to the City Council of pending federal, state, and local legislation relevant to the City’s purchase and/or use of surveillance technology. d.The Privacy Advisory Commission shall make reports, findings, and recommendations either to the City Manager or the City Council, as appropriate. The Commission shall present an annual written report to the City Council. The Commission may submit recommendations to the City Council following submission to the City Manager. B.Meetings and Voting The Commission shall meet at an established regular interval, day of the week, time, and location suitable for its purpose. Such meetings shall be designated regular meetings. Other meetings scheduled for a time or place other than the regular day, time and location shall be designated special meetings. Written notice of special meetings shall be provided to the Commission members, and all meetings of the Commission shall comport with any City or State open meetings laws, policies, or obligations. The Commission shall, in consultation with the City Manager, establish bylaws, rules and procedures for the conduct of its business by a majority vote of the members present. Voting shall be required for the adoption of any motion or resolution. Any action by the Commission shall be approved by a majority of members present, provided a quorum exists. C.Staff Staff assistance may be provided to the Board as determined by the City Manager, pursuant to his or her authority under the Charter to administer all affairs of the City under his or her jurisdiction. Section III. 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. 5 2022/09/22 HRC Agenda Page 30 of 35 Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section VI. 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 ________________________________________________________ Maria Kachadoorian Glen R. Googins City Manager City Attorney 6 2022/09/22 HRC Agenda Page 31 of 35 HELP US REIMAGINE HARBORSIDE PARK! harborside@chulavistaca.gov ACTIONS TO DATE • Two COMMUNITY MEETINGS • Installation of VISUAL BARRIER between school and park • Increased CVPD PATROL frequency • Courtesy NOTICE mailed to surrounding residents and businesses regarding temporary closure • Stakeholder TASK FORCE re-established • Install TEMPORARY SECURITY FENCINGalong park perimeter • Implement 90-Day TEMPORARY PARK CLOSURE (08/31) • Provide 24/7 contracted SECURITY • Hold CONNECT EVENT on 08/31 at Harborside to offer services RECOMMENDED NEXT STEPS & PROCESS • ENGAGE COMMUNITY for long-term solutions and plans • Continue and increase HOMELESS OUTREACH TEAM efforts • Continue to MONITOR and REASSESSsafety conditions • Consider short-term park REOPENING • REPORT BACK to Council after 90 days On-Site Services Coinciding with Fencing Installation AUGUST 31, 2021 COMMUNITY ENGAGEMENTShaping the future for Harborside HOUSING • CV Housing • Salvation Army • ECTLC OUTREACH/CASE MANAGEMENT • CV HOT Team • SBCS • McAlister Institute • Alpha Project MEDICAL • Family Health Centers Calls For Service: All City Parks Harborside Park: 2020 to August 2022 Harborside Park has consistently had the highest number of CFS compared to all other parks in the City. 2022/09/22 HRC Agenda Page 32 of 35 AYUDANOS A REIMAGINAR EL PARQUE HARBORSIDE ACCIONES HASTA LA FECHA • Dos reuniones comunitarias • Instalación de Barrera Visual entre escuela y parque • Aumento de la frecuencia de patrulla de CVPD • Aviso de cortesía enviado por correo a los residentes y negocios de los alrededores con respecto al cierre temporal • Se restableció el grupo de trabajo de partes interesadas • Instalar cercas de seguridad temporalesa lo largo del perímetro del parque • Implementar el cierre temporal del parque por 90 días (31/08) • Proporcionar seguridad contratada 24/7 • Realizar un evento de conexión el 31/08 en Harborside para ofrecer servicios RECOMENDADO PRÓXIMOS PASOS Y PROCESO • Involucrar a la comunidad para soluciones y planes a largo plazo • Continuar y aumentar los esfuerzos del equipo de extensión para personas sin hogar • Continuar monitoreando y reevaluandocondiciones de seguridad • Considere la reapertura del parque a corto plazo • Informar al Consejo después de 90 días Servicios en el sitio que coinciden con la instalación de cercas 31 de agosto de 2021 ALOJAMIENTO • CV Vivienda • Ejército de Salvación • ECTLC ALCANCE/GESTIÓN DE CASOS • CV Equipo HOT • SBCS • Instituto McAlister • Proyecto Alfa MÉDICO • Centros de Salud Familiar Llamadas de servicio: todos los parques de la ciudad Harborside Park: 2020 a agosto de 2022 Harborside Park siempre ha tenido el mayor número de CFS en comparación con todos los demás parques de la ciudad. PARTICIPACIÓN DE LA COMUNIDADDando forma al futuro de Harborside harborside@chulavistaca.gov 2022/09/22 HRC Agenda Page 33 of 35 2022/09/22 HRC Agenda Page 34 of 35 2022/09/22 HRC Agenda Page 35 of 35