Item 7.1 – Additional Information (Preciado)
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHULA VISTA MUNICIPAL CODE CHAPTER 2.65,
“PRIVACY PROTECTION AND TECHNOLOGY
ADVISORY COMMISSION”
WHEREAS, the City of Chula Vista adopted a Smart City Strategic Action Plan “Action Plan” in September 2017 establishing itself as a leader in the growing “smart city” movement, earning recognition locally, nationally and internationally for its innovative planned approach to using technology to create a more efficient and effective government; and
WHEREAS, the City of Chula Vista continues to leverage innovative technology and data tools to better serve and engage residents, enhance sustainability, improve public safety, and promote local economic development; and
WHEREAS, a key goal of the Action Plan approved by Council in September 2017, is to continue efforts to become a more open and transparent City; and
WHEREAS, to support this goal, the City has set an objective to maximize the use of data and analytics to improve services and increase public access to City information; and
WHEREAS, this effort involves ensuring that citywide technology, sensitive public data, and information collected is managed and utilized in a secure, transparent, and safe way; and
WHEREAS, in April 2022, the Chula Vista City Manager formed a 12 -member Technology & Privacy Advisory Task Force “Task Force” to provide the City Manager policy recommendations for consideration in the de velopment of a citywide policy on technology and privacy issues; and
WHEREAS, over the course of six months, the Task Force held ten public meetings, received two on -site departmental tours, and held two community meetings resulting in 37 policy recommend ations, including the formation of a Privacy and Technology Advisory Commission; and
WHEREAS, on November 1, 2022, based on input from the Task Force, key stakeholders, and City staff, the City Council of the City of Chula adopted the City of Chula Vista Privacy Protection and Technology Transparency Policy (Council Policy 112 -04) “Policy”; and
WHEREAS, the Policy enhances City operations through a more reliable, secure, and safe city network and data management process, increased oversight of citywide te chnology systems, and improved accountability, transparency and increased public trust; and
Ordinance
WHEREAS, the Policy provides, in section 2, that City will establish a Privacy and Technology Advisory Commission responsible for a broad range of advisory duties to help advance the City Council priorities of improving sensitive public data management, security, and privacy; and
WHEREAS, City staff now recommends adding Chapter 2.65 to the Chula Vista Municipal Code, establishing the Privacy Protection and Technology Advisory Commission and its rules and procedures.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. That Chapter 2.65 is hereby added to the Chula Vista Municipal Code, to read as follows:
Chapter 2.65
PRIVACY AND TECHNOLOGY ADVISORY COMMISSION
2.65.010 Creation.
There is hereby created a Privacy Protection and Technology Advisory Commission (the “Commission”). The provisions of Article VI of the City Charter, the general rules governing boards and commissions set forth in Chapter 2.25 CVMC, and the provisions of this chapter shall govern the Commission.
2.65.020 Purpose and intent.
It is the purpose and intent of the City Council in establishing the Commission to create an advisory body to receive public input and serve as a resource to advise and make recommendations to the City Council to advance the City Council priorities of improving sensitive public data management, security, and privacy.
2.65.030 Functions and duties.
The functions and duties of the Commission shall be as follows:
A. Review and/or advise the City Council on the City’s technology use policies.
B. Review and/or advise the City Council on City’s Surveillance Technology impact reports and annual reports, as described in the Privacy Protection and Technology Transparency Policy (Council Policy 112-04).
C. Review, consider, and provide recommendations, to the City Council as appropriate, on the acquisition of Surveillance Technology, as described in the Privacy Protection and Technology Transparency Policy (Council Policy 112 -04) during the City’s acquisition process.
D. Review and /or advise the City Council on the procurement standards for agreements involving Sensitive or Surveillance Technology, as described in the Privacy Protection and Technology Transparency Policy (Council Policy 112-04).
2.65.040 Limits on authority.
Per Charter Section 600, the Commission shall have no authority to direct the conduct of any department. The Commission is advisory in nature, and as such shall have no authority to approve, disapprove, or prevent any City action.
2.65.050 Membership.
A. The Commission shall consist of five seven Voting Members and one Ex Officio member to be nominated and appointed in accordance with Article VI of the City Charter, Chapter
2.25 CVMC, and this chapter.
1. District-Based Appointments. The four remainingFour Voting Members areshall be nominated by a particular Council district seat and do not require the member to reside in the specified district. All four seats shall be nominated and appointed in accordance with the district based district-based appointment process specified in CVMC 2.25.052(C). A nominee shall not be required to live in the same district as the respective nominating Council member.
General Appointments. Following the four district-based appointments by Council district, the City Manager will determine which gaps in expertise (Based on section C) that remain and support the recruitment of 3 additional voting members to fill these gaps in expertise. The
2. One three additional Voting Member s shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A) , with a goal of addressing all areas of expertise identified in Subsection C.
1.3.Future Vvacancies. Future vacancies of District -Based Appointment seats and General Appointment seats willshall be filled pursuant to subsection A.1. or A.2. above, respectively, by council district appointment or through at large appointments, with the aim to preserve the coCommission’s subject matter competency as outlined in subsection C.
2.1. The four remaining Voting Members are nominated by a particular Council district seat and do not require the member to reside in the specified district. All four seats shall be nominated and appointed in accordance with the d istrict based appointment process specified in CVMC 2.25.052(C).
B. Non-residents of the City of Chula Vista may be appointed and serve as Voting Members or Ex Officio Members if they own and operate a business and/or property with a physical address in the City of Chula Vista. Appointment of non -resident members must be passed Ordinance
by at least a four-fifths vote of the Council, in accordance with Charter section 602(D).
C. All Commission members should have expertise and background in at least one of the fields described in subsections (C)(1) through ( 35) below. Each of the expertise fields described in subsections (C)(1) through ( 35) below should be represented by at least one Voting Member. Notwithstanding the foregoing, the absence of candidates with expertise in one of the following areas shall not preclude the appointment of the full Commission.
1. Information Technology & Data Security: Experience and/or expertise in cyber security and sensitive public information management and protection.
2. Privacy Protection: Experience and/or academic or legal background related to individual privacy protection, open government principles and structures, and/civil rights, equity, or government transparency.
2.3.Accounting and Finance: Experience and/or professional credentials in contracting, procurement, public auditing, control, compliance, and/or general oversight professional services.
4. Public Safety: Experience and/or expertise in federal, state or local government public safety functions and operations.
3.5.Equity and Civil Rights: Experience or legal background in the advocacy for marginalized groups and communities who have traditionally experienced privacy and civil rights concerns based on sex, gender, disability, socio-economic profile, national origin, culture or ethnic background.
D. The City Manager or designee with expertise in the fields described in subsection (C)(1) through (35), above, shall have the opportunity to review applications and provide input on the applicant’s qualifications, which shall be considered by the Mayor or City Councilmember before a nomination is made.
E. The Ex Officio Member shall be nominated by the City Manager and appointed in accordance with the Designated Member Appointment Proce ss specified in CVMC
2.25.052(D). For purposes of CVMC 2.25.052(D), the City Manager is the Nominating Authority.
2.65.060 Meeting frequency and schedule.
In accordance with CVMC 2.25.200, the Commission shall set the date, time, and location of its regular meetings by written resolution and may change its regular meeting day, time, or location by written resolution. The Commission’s meeting schedule shall include at least one regular meeting every other month through December 31, 2024, and then one regular meeting per quarterly thereafter , or four regular meetings per year , at the day, time, and location established by written resolution of the Commission.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends t his 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 IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.
Presented by Approved as to form
By:
Maria V. Kachadoorian Jill D.S. Maland
City Manager Lounsbery Ferguson Altona &
Peak Acting City Attorney