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July 11, 2023
ITEM TITLE
Privacy and Technology: Place an Ordinance on First Reading to Add Chula Vista Municipal Code Chapter 2.65, Establishing a Privacy Protection and Technology Advisory Commission
Report Number: 23-0158
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 Protection and Technology Advisory Commission under Chula Vista Municipal Code Chapter 2.65. (First Reading)
SUMMARY
The City of Chula Vista adopted a Smart City Strategic Action Plan (Action Plan) in September 201 7. 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 ensurin g 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 Protection 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 broa d 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. On June 13, 2023, staff presented a draft ordinance to establish a privacy protection and technology advisory commission to City Council for consideration. An updated draft ordinance was proposed so staff has updated the previous draft ordinance based on input received and now presents the revised ordinance for Council consideration.
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ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
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 T ask Force (Task Force) comprised of Chula Vista residents and stakeholders to provide the City Manager with policy recommendations for consideration in the development of a citywide policy on technology and privacy issues.
In November 2022, the City of Ch ula 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 Protection 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.
Based on input received at the June 13, 2023 City Council meeting the Commission is proposed to consist of Seven Voting Members instead of Five and one Ex Officio Member to be appointed in accordance with the City Charter and the proposed ordinance. Commission members should have expertise and background in at least one of the following listed categories:
Information Technology & Data Security: Experience and/or expertise in cyber security and sensitive public information management and protection.
Privacy Protection: Experience and/or academic or legal background related to individual privacy protection, open government principles and structures, and/or government transparency.
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Public Safety: Experience and/or expertise in federal, state, or local g overnment public safety functions and operations.
New categories based on input received during the June 13, 2023 City Council Meeting Accounting and Finance: Experience and/or professional credentials in contracting, procurement, public auditing, control, compliance, and/or general oversight professional services. 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.
The Commission’s meeting schedule shall include at least one regular meeting every other month through December 31, 2024, and then one regular meeting quarterly thereafter.
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
Adoption of the resolution will have no fiscal impact on the City General Fund. Efforts towards the Privacy Protection and Technology Advisory Commission will be funded through current personnel budget appropriations.
ONGOING FISCAL IMPACT
Adoption of the resolution will have no ongoing fiscal impact on the City General Fund. Staff will monitor and will bring forth for City Council approval any potential fiscal impacts associated with the implementation of strategies or related projects.
ATTACHMENTS
1. Citywide Privacy Protection and Technology Transparency Policy
2. Memo: Board/Commission/Committee Interactions with City Council Staff Contact: Dennis Gakunga, Chief Sustainability Officer Supriya Bade, Senior Information Technology Project Manager