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June 13, 2023
ITEM TITLE
Privacy and Technology: Place an Ordinance on First Reading to Add Chula Vista Municipal Code Chapter 2.73, Establishing a Privacy and Technology Advisory Commission
Report Number: 23-0149
Location: No specific geographic location
Department: Information Technology Services
Environmental Notice : The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
Recommended Action
Place an ordinance on first reading to establish a Privacy and Technology Advisory Commission under Chula Vista Municipal Code Chapter 2.73. (First Reading)
SUMMARY
The City of Chula Vista adopted a Smart City Strategic Action Plan (Action Plan) in S eptember 2017. A key goal of the Action Plan is to continue efforts to become a more open and transparent City. 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. This also includes ensuring that technology, including public data and information collected is stored, managed, and utilized in a secure, transparent, and safe way. To accomplish this, the City of Chula Vista adopted the Privacy Protecti on and Technology Transparency (Policy) in November 2022. The Policy is an effective way for the City to ensure the safe and effective use of technologies and protect public data. As part of the Policy implementation, the City will establish an advisory Commission responsible for carrying out a broad range of advisory duties including; reviewing and advising on City technology use policies, various City reports, procurement standards, and facilitating public discussion of important issues related to privacy and City technology.
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ENVIRONMENTAL REVIEW
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On January 18, 2022, as part of the on-going implementation of the Smart City Strategic Action Plan (Action Plan), City Council approved an agreement for the City of Chula Vista to engage a consulting firm to provide support for the development of a Citywide privacy protection policy. As part of this effort, in April 2022, the City Manager formed a 12 -member Technology & Privacy Advisory Task Force (Task Force) comprised of Chula Vista residents and stakeholders to provide the City Manager with policy recom mendations for consideration in the development of a citywide policy on technology and privacy issues.
In November 2022, the City of Chula Vista adopted the Privacy Protection and Technology Transparency (Policy). The development of this Policy was guided by the policy recommendations adopted by the Task Force on September 26, 2022. The goal of the Policy is to help ensure the safe and effective use of technologies and protect public data. The Policy governs privacy protection and data management processes , as well as the use of technology in City operations and services, including public safety, traffic management, community services, and other service areas of the City.
As part of the Policy implementation, the City will establish a Privacy and Technology Advisory Commission (Commission) responsible for carrying out a broad range of advisory duties described in the policy. In general, Commission duties shall include (a) reviewing and advising on City technology use policies, Surveillance Technology impact reports, annual reports, procurement standards for agreements involving Sensitive or Surveillance Technology, and (b) facilitating public discussion of important issues related to privacy and City technology.
The Commission shall consist of five Voting Members and one Ex Officio Member to be appointed in accordance with the City Charter and the proposed ordinance. Voting Members should have expertise and background in the following listed categories. Each of th e categories should be represented by at least one Voting Member:
Information Technology & Data Security: Experience and/or expertise in cyber security and sensitive public information management and protection.
Privacy Protection: Experience and/or aca demic or legal background related to individual privacy protection, civil rights, equity, or government transparency. Public Safety: Experience and/or expertise in federal, state, or local government public safety functions and operations.
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The Commission’s meeting schedule shall include at least one regular meeting per quarter or four regular meetings per year.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The fiscal impact of adopting this ordinance is approximately $50,000 associated with city staff liaison time and secretarial support for the commission.
ONGOING FISCAL IMPACT
The fiscal impact of adopting this ordina nce is approximately $50,000 annually associated with city staff liaison time and secretarial support for the commission. In addition, i t is anticipated that when individual implementation strategies or related projects are further developed and presented to the City Council for consideration, any specific positive or negative fiscal impacts will be identified.
ATTACHMENTS
1. Citywide Privacy Protection and Technology Transparency Policy
Staff Contact: Dennis Gakunga, Chief Sustainability Officer Supriya Bade, Senior Information Technology Project Manager