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HomeMy WebLinkAbout2021-12-06 HRC Agenda Packet - Special Al CHUNVOSTA IIIIIII III�I Illll�mip ° u D w,i � 1 �� � Human Relations C'ommis,sion VIII Illlli �IIII011 IIIII011111�1 IIIIII� �� SPECIAL MEETING OF THE F UNUN RELATION'S CONINHSSION M a OFTHE CITY COUNCIL OF THE CITY OF CHVLA VISTA, Date: December 6, 2021 Time: 6:00 p.m. Location: Council Chambers, 276 Fourth Avenue, Chula Vista, CA Welcome to your Human Relations Commission Meeting The Human Relations Commission has transitioned back to holding live, in-person meetings. 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/boardmeetinqs for current mask requirements and other safety protocols. • Submit an eComment. Visit www.chulavistaca.gov/boardmeetinqs, 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(a-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 City Managers Department at HRC(aDchulavistaca.goov (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, Chair Branch, Felix, Godinez, Vice-Chair Kean-Ayub, Lake, Martinez-Montes, Medina, Olaoye, Ratner 3. CONSENT CALENDAR All items listed under the Consent Calendar are considered and acted upon by one motion. Anyone may request an item be removed for separate consideration. 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. 3.1. Approval of Meeting Minutes 4 Approval of Minutes of October 28, 2021. Recommended Action: Commission Approve the Minutes. 3.2. Written Communications 9 Communication from Commissioner Godinez requesting an excused absence from the October 28, 2021 Special Meeting of the Human Relations Commission. Recommended Action: Commission excuse the absence. 4. 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. 5. 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. 5.1. Consideration of a Letter to City Manager Maria V. Kachadoorian and/or 10 City Council Regarding the Automated License Plate Reader Program (ALPR) Recommended Action: Commission consider and approve drafted letter. 12/6/2021 HRC Agenda Page 2 of 14 OTHER BUSINESS 6. STAFF COMMENTS 6.1. Welcoming City Update 12 7. CHAIR'S COMMENTS 8. COMMISSIONERS' COMMENTS 9. ADJOURNMENT to the regular meeting on Thursday, January 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.qov. 12/6/2021 HRC Agenda Page 3 of 14 CITY Of CHULAVISTA SPECIAL MEETING OF THE HUMAN RELATIONS COMMISSION Meeting Minutes October 28, 2021, 6:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Chair Branch, Commissioner Baber, Commissioner Felix, Vice Chair Kean-Ayub, Commissioner Lake, Commissioner Medina, Commissioner Ratner, Commissioner Olaoye Absent: Commissioner Martinez-Montes, Commissioner Godinez Also Present: Marketing and Communications Manager Anne Steinberger, Felipe Ladron de Guevara, Secretary, Adrianna Hernandez, Secretary, Simon Silva, Deputy City Attorney 1. CALL TO ORDER A special meeting of the Human Relations Commission of the City of Chula Vista was called to order at 6:10 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL Staff Liaison Anne Steinberger called the roll. 3. CONSENT CALENDAR Moved by Vice Chair Kean-Ayub Seconded by Commissioner Olaoye 1 12/6/2021 HRC Agenda Page 4 of 14 Yes (8): Chair Branch, Commissioner Baber, Commissioner Felix, Vice Chair Kean-Ayub, Commissioner Lake, Commissioner Medina, Commissioner Ratner, and Commissioner Olaoye Result:Carried (8 to 0) 3.1 APPROVAL OF MEETING MINUTES Commission approve the minutes. 3.2 WRITTEN COMMUNICATIONS Commission excuse the absences 4. PRESENTATIONS 4.1 AUTOMATED LICENSE PLATE READER PROGRAM UPDATE Staff Liaison Anne Steinberger provided a brief presentation of the Quarterly Audit Report of the Automated License Plate Reader Program (ALPR) covering July through September 2021 as Captain Thunberg was unable to attend. Captain Thunberg will be providing an update to the Commission in January. Nancy Relaford, Margaret Baker, and Nick Paul provided public comment in opposition of this item. Commissioner Felix stated he will be unable to attend upcoming meetings but agrees the Commission should not conduct periodic review of ALPR program and hopes that we can reach finality on the topic of data sharing with federal immigration agencies. Moved by Commissioner Medina Seconded by Vice Chair Kean-Ayub Draft letter to City Manager regarding concerns related to periodic review process of ALPR and the Commission's involvement. Yes (8): Chair Branch, Commissioner Baber, Commissioner Felix, Vice Chair Kean-Ayub, Commissioner Lake, Commissioner Medina, Commissioner Ratner, and Commissioner Olaoye Result:Carried (8 to 0) 2 12/6/2021 HRC Agenda Page 5 of 14 Moved by Commissioner Olaoye Seconded by Commissioner Lake Chair Branch, Vice Chair Kean-Ayub, Commissioner Medina and Commissioner Olaoye will work on the letter and a Special Meeting will be called on Monday, December 6, 2021 to review drafted letter. Yes (8): Chair Branch, Commissioner Baber, Commissioner Felix, Vice Chair Kean-Ayub, Commissioner Lake, Commissioner Medina, Commissioner Ratner, and Commissioner Olaoye Result:Carried (8 to 0) 5. PUBLIC COMMENTS No public comment 6. ACTION ITEMS 6.1 COMMISSION DISCUSSION AND ACTION ON RESOLUTION OF THE HUMAN RELATIONS COMMISSION TO CHANGE THE LOCATION OF REGULAR MEETINGS Moved by Vice Chair Kean-Ayub Seconded by Commissioner Medina Vice Chair Kean-Ayub moved to change location of the Human Relations Commission to Council Chambers. Yes (8): Chair Branch, Commissioner Baber, Commissioner Felix, Vice Chair Kean-Ayub, Commissioner Lake, Commissioner Medina, Commissioner Ratner, and Commissioner Olaoye Result:Carried (8 to 0) 6.2 DISCUSSION AND POSSIBLE ACTION REGARDING, COMMUNICATION CHALLENGES, INCLUDING PUBLIC COMMENT, DURING MEETINGS Staff Liaison Anne Steinberger provided brief comments regarding challenges with public comment during meetings throughout the pandemic. Margaret Baker provided public comment expressing frustration with technology used for public meetings. 3 12/6/2021 HRC Agenda Page 6 of 14 No action taken. 6.3 DISCUSSION AND POSSIBLE ACTION OF COMMENTS RECEIVED FROM HUMAN RELATIONS COMMISSION PARTICIPATION IN SOUTH BAY PRIDE FESTIVAL Staff Liaison Anne Steinberger presented the comments received from the public at South Bay Pride. Commission reached a consensus to invite the appropriate city staff to provide updates on each issue area raised by the community at South Bay Pride. Vice Chair Kean-Ayub recommended that staff involved with houselessness present on the city's efforts at the January meeting of the Human Relations Commission. 6.4 DISCUSSION AND UPDATES FROM AD HOC SUBCOMMITTEES Chair Branch provided an update on the status of the Know Your Rights Forum to be held in February 2022. Commissioner Medina informed that the task force charged with statue disposition and other matters will be having its first meeting on November 15. He also hopes to plan ahead for next year's Indigenous People's Day to mark the occasion. Commissioner Lake provided an update on the AAPI Ad-Hoc and will be working with Vice Chair Kean-Ayub on a resolution denouncing AAPI hate. OTHER BUSINESS 7. STAFF COMMENTS 7.1 Welcoming America Update Staff Liaison Anne Steinberger provided update on Welcoming America's investigation in response to an anonymous complaint. No action taken. Margaret Baker provided public comment regarding Welcoming America's survey seeking input for a revision of the Welcoming Standard. 8. CHAIR'S COMMENTS Chair Branch wished everyone happy holidays. 9. COMMISSIONERS' COMMENTS Commissioner Lake thanked Staff Liaison Anne Steinberger and welcomed Staff Liaison/Secretary Adrianna. 4 12/6/2021 HRC Agenda Page 7 of 14 Vice Chair Kean-Ayub wanted to note a mistake in the minutes regarding Kent Lee's association, it should read Coalition and not Commission. Also, Agenda roster needs to be updated to reflect new Chair/Vice Chair. Commissioner Olaoye thanked staff for the Welcoming America update and will be looking into the survey discussed. Commissioner Olaoye also inquired about city-sponsored activities during Black History Month in February 2022 that the Commission might be able to participate in. Staff Liaison Anne Steinberger will research and report back in December. Commissioner Medina received an email from Councilmember Padilla about the formation of a commission of Native, Indigenous, First Nation people. He asked staff to please share with Councilmember Padilla that the Human Relations Commission has a tribal relations Ad Hoc that would love to hear his thoughts. 10. ADJOURNMENT The meeting was adjourned at 8:09 p.m. Minutes prepared by.Adrianna Hernandez, Secretary Adrianna Hernandez, Secretary 5 12/6/2021 HRC Agenda Page 8 of 14 REQUES'r FOR EXCUSED ABSENCE City of Chula Vista Boards,Commissions,and Committees Name: Date of Absence: lohelzl Board/Commission/Committee:—dq&,-I--O�k Chula Vista Municipal Code section 2,25.110 (C) allows board/commission/committee members, by a majority vote,to excuse a fellow board,commission,or committee member's absence from a meeting for any of the reasons listed below,A member who is absent from three consecutive,regular meetings will be deemed to have vacated his or her member-ship, unless the member's absence is excused by a majority vote of the other members.An absence is only recorded as"excused"upon receipt of a member's request and majority vote of the board/commission/committee to excuse the absence. Accordingly, if you have been absent from a regular meeting, please complete and submit this form to the chair or secretary, Please indicate the reason for the absence: Lj 1. Illness of the member,family member of the member,or personal friend of the member; 2. Business commitment of the member that interferes with the attendance of the member at a meeting; 3. Previously scheduled vacation of the member, notice of which was provided to the respective board or commission in advance of the meeting; LJ 4. Attendance of the member at a funeral, religious service or ceremony, wedding, or other similarly significant event; S. Unexpected,emergency situation that prohibits the member's attendance; or 11 6. Other reason for which the member has given notice to the secretary of his or her unavailability at least seven days in advance of the meeting, OR 01 The absence was not for any of the above-listed reasons. I understand that the absence will be recorded as unexcused. I certify the reason for the absence indicated above is true and correct, Member's Signature: Date: If completed by secretary or staffto boar d/co in missionlcotn mittee: Completed on member's behalf by: per member's Verbal Written request on: (secretairy/fjaison's nanic?) (date) 12/6/2021 HRC Agenda Page 9 of 14 Date To City Manager, Maria V. Kachadoorian and Our Esteemed Mayor and Council Members, As a Human Relations Commission (HRC), we have been processing our role and scope of work as it relates to the Automated License Plate Reader Program (ALPR) and data sharing technologies. In January of 2021 we began to receive public comment and feedback regarding our city's use of ALPR and as a result we formed an ALPR Ad Hoc to deepen our understanding of ALPR as well as to cultivate engagement with community members about the benefits, limitations, and impacts. The purpose of this letter is the following: to summarize some of the pressing ALPR/data sharing issues and concerns that continue to be shared with the HRC; to seek clarity about the CVPD's quarterly ALPR updates to the HRC; and to offer ongoing discussion about the limitations and capacities of our HRC around ALPR/data sharing issues. ALPR was first brought to our attention after the Union Tribune's December 6, 2020 article' documenting CVPD's sharing of ALPR data with other policing agencies such as Immigration and Customs Enforcement and Customs and Border Protection. Because a significant charge of our commission focuses solely on Welcoming City certification, we received public comment reflecting the perception that our city was in violation of SB 54. As it was later clarified, the City was in compliance with SB 54 (sharing of data is not considered personal identities), however public comment continues to reflect that regardless of compliance with state law, the city's sharing of data compromised the "spirit" of SB54. In addition, public comment throughout this last year continues to address concerns and reflections about the need for a citywide surveillance technology framework that touches on independent oversight, best practices, evaluation, and community engagement. Lastly, in July 2021 our City received notification of an anonymous complaint submitted to Welcoming America regarding ALPR. An investigation took place, and our City remains in compliance with the "Welcoming Standard." All of the sentiments above indicate some ongoing concern with ALPR and data sharing technologies despite nearly a year after its practice was released to the public. As an HRC we continue to reflect on the impact of ALPR and data sharing practices, and the roles and responsibilities that our HRC holds in "listening" to CVPDs htt �://www.san�die OLiniondiribLJne.COIM/COIMi LinitieS/SOLJth COUnd /ch�al�a vi�d�a/�drair /�Cd�Cd 12 Cbl/ch�al�a ............... ............................................................................................... ..................................................................................................................................................................................................................................................................................Y....................................................................................................Y........................................................................................................................ Yj ivy uirrirri ir�adiion officials otheirs �acces� to license late irea�deir data ............................................................�....................................................................................................................................................................................................................................................... .................................................................................................... 12/6/2021 HRC Agenda Page 10 of 14 quarterly updates. On April 20, 2021 in a report by CVPD to the city council, it was proposed that CVPD would present quarterly updates to the HRC2. Since then, there has been one quarterly report (October 28, 2021) to the HRC. Sentiments from our ALPR Ad Hoc reminded the commission about the complexities, nuances, and intricacies of data sharing technologies and the need for an appropriate body of relevant stakeholders to be offered the opportunity to be the audience of the CVPD's ALPR quarterly updates; more specifically a body of individuals equipped to engage with data sharing technologies, civil liberties, policy, and perhaps individuals that work directly with marginalized communities most impacted by disproportionate surveillance use. In such, we welcome advisement about these CVPD quarterly ALPR updates and the roles and responsibilities of our HRC in offering informed and insightful critiques and recommendations. In reflecting on our commission's scope of work, our strengths and expertise, and the amount of time needed to offer a quality review of CVPD's ALPR practices, we would like to invite further dialogue about how you perceive our roles, responsibilities, and future engagement with ALPR and data sharing technologies. Despite our commission's limitations, we do feel that our HRC has the opportunity to offer continued support in various arenas. For example, we would like to continue to offer opportunities for our community to share out authentically in spaces that are open and community-friendly. We would also be open to holding community-led workshops that support the forward development of our city's data-sharing frameworks (i.e.. oversight, evaluation, best practices, etc.). In sum, we felt that it was necessary to offer this brief articulation of our past year's experiences with ALPR. We look forward to learning more about how you perceive our commission's roles and responsibilities in regards to CVPD's quarterly updates, as well as to how we can all probe further in addressing and reconciling the ongoing public concerns. 2 The Department will provide quarterly updates to the Human Relations Commission on the ALPR program. 12/6/2021 HRC Agenda Page 11 of 14 II '� i1 �� W 1 1,4 1=_ 1)1- 11 �:71`'I AVl `,I1 "��i0 l fu 'iCJ�i,il',} 4i i4 6 rl F ,,., cea Ufiedwwa Oeoutr7ong.orr %i "W& Anne Steinberger City of Chula Vista 276 Fourth Ave. Chula Vista, CA 91910 Dear Ms. Steinberger: Welcoming America received a complaint against the City of Chula Vista for non-compliance with two criteria in the Welcoming Standard: A1.2: No locally-mandated government policies exist where the primary purpose of the policy is to increase the rate of immigrant detention or deportation. C 2: A partnership program(s) is in place to strengthen relationships and promote regular communication between law and code enforcement agencies and the immigrant community. First, Welcoming America acknowledges that the initial assessment of compliance with EA 1.2 in 2019 was incorrect. When Welcoming America conducted its audit and certification of the City of Chula Vista as Certified Welcoming, our team was not aware that the City of Chula Vista was sharing automatic license plate reader(ALPR) data with federal immigration agencies. Had we known that this information was being shared,the assessment would have been non-compliant. We apologize for this error and have added additional search queries and stakeholder interview questions to our certification assessment. After an extensive review and investigation of compliance with the two criteria listed, Welcoming America has determined that the City of Chula Vista remains compliant with the Welcoming Standard with observations that must be addressed for the City of Chula Vista to be recertified as Certified Welcoming in November 2022. You can review our findings on the following page. If you have any questions about our analysis or findings, please do not hesitate to contact me at me.Il..ii.��.��.. ..DwellcomIn ameriica.org.. Sincerely, Melissa Bertolo Certified Welcoming Director 12/6/2021 HRC Agenda Page 12 of 14 C0 t4k EA1.2: No locally-mandated government policies exist where the primary purpose of the policy is to increase the rate of immigrant detention or deportation. Status: Compliant Evidence: The City of Chula Vista has officially ended its information sharing with federal immigration authorities by April 2021. Observations: While the City of Chula Vista has ended its information sharing with federal immigration enforcement agencies, other public agencies within the state of California have continued to share this sensitive data (see the recent....laws.u�u::ll..... ..g .g.n.s::ll....::ll.lh. .....lMad.n..... .a�u�.n.:lly Sheriff°s .fii.ce.). The City of Chula Vista is expected to address data ownership, retention, and management to ensure that the data it is collecting is not inadvertently shared for the purpose of immigrant detention or deportation. Additionally, concerns with the ALPR and other surveillance technology exist beyond data management and information sharing. Surveillance technology can disproportionately impact certain communities, including immigrants. The City of Chula Vista is expected to have a process to ensure that the surveillance equipment it utilizes does not have a disparate impact on any members of its community. Additional Comments: We appreciate the City's request for an audit of its license plate reader program by the California Department of Justice and look forward to learning of the audit's findings and how the City of Chula Vista responds. The City of Chula Vista has an opportunity to develop formal processes that require transparency, oversight, and meaningful community engagement for surveillance technology usage. C 2: A partnership program(s) is in place to strengthen relationships and promote regular communication between law and code enforcement agencies and the immigrant community. Status: Compliant Evidence: The Human Relations Commission (HRC) and the Community Advisory Committee (CAC) have defined roles that meet this criteria. Observation(s): While the City of Chula Vista is compliant with this criteria,there is clear mistrust between community members and the Chula Vista Police Department as a result of the contract with Vigilant Solutions. A plan to rebuild this trust, developed with community members at large, is expected prior to recertification. Additional Comments: The COVID-19 pandemic has caused substantial challenges for communities across the country to provide meaningful and accessible opportunities for residents to engage with their local governments. Chula Vista was not immune to these challenges,which unfortunately have only exacerbated the loss of trust between residents and 12/6/2021 HRC Agenda Page 13 of 14 C0 t4k law enforcement. While in-person meetings have resumed, creating accessible virtual civic engagement opportunities for individuals with limited English proficiency and limited digital literacy is an opportunity for the City of Chula Vista. Furthermore,there is a real opportunity to fully engage residents on the topic of mass surveillance technology. Additionally, it is our understanding that the Chula Vista city council is currently considering creating a commission to act as an oversight agency of the police department and that the Community Advisory Committee is currently working on updating the ALPR usage policy. Engaging the public in these processes is an opportunity to maintain transparency and ensure community feedback and expertise is considered. 12/6/2021 HRC Agenda Page 14 of 14