2021-12-06 HRC Agenda Packet - Special Al
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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
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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
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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
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Sincerely,
Melissa Bertolo
Certified Welcoming Director
12/6/2021 HRC Agenda Page 12 of 14
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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
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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