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November 28, 2023
ITEM TITLE
Privacy Protection and Technology Advisory Commission: Discuss and Determine Procedures to Nominate and Appoint the Initial Commissioners and Make the Nominations and Appointments
Report Number: 23-0213
Location: No specific location
Department: City Clerk
Environmental Notice: This 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
A) Discuss and determine procedures to nominate and appoint members to the Privacy Protection and Technology Advisory Commission; and B) Make nominations and appointments to the Commission from the applicants who submitted qualified applications during the application period.
The qualified applicants are: Marlano Batson, Jared Blackwell, Guy Chambers, Timothy DeMarco, Veronica Ferguson, Daniel Garate, Robert Godinez, Adolfo Gonzales, Susan Lake, Lucia Napolez, Thomas Pineda, Richard Pulido, Merzon Jeff Quiazon, Joaquin Quintero, Pati Ruiz, Devon Williams, and Eric Wood.
SUMMARY
The Privacy Protection and Technology Advisory Commissio n became effective in August 2023 . Seventeen qualified applications were received during the application period. The City Council may discuss and determine the procedures to nominate and appoint the initial members to the Privacy Protection and Technology Advisory Commission, and then make the nominations and appointments as appropriate.
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 this activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment.
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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
Background
Chula Vista Municipal Code (CVMC) Chapter 2.65 (Attachment 1) , creating the Privacy Protection and Technology Advisory Commission (PTAC), became effective on August 24, 2023. The application period to fill the initial commission opened on August 1, 2023, and closed on October 16, 2023.
Seventeen qualified applications were received within the application period and are provided in Attachment
2. Also included is the City Manager’s input on the applicants’ qualifications, which shall be considered by the Mayor or City Councilmember before a nomination is made, per CVMC 2.65.050(D). The applications were provided to the City Council and made available to the public online at www.chulavistaca.gov/ptac on October 25, 2023.
Privacy Protection and Technology Advisory Commission Composition The PTAC consists of seven voting members and one ex officio member, nominated and appointed as follows:
A. District-Based Nominations: Four voting members are nominated and appointed using the district- based appointment process specified in CVMC 2.25.052(C).
B. Mayoral Nominations: Following the four district -based appointments, three additional voting members are nominated using the general appointment process (Mayoral nomination) specified in CVMC 2.25.052(A).
C. Ex Officio (Non-Voting Member) Nomination by City Manager: The City Manager may nominate up to three individuals following the designated -member appointment process specified in CVMC
2.25.052(D). The nomination of the ex officio member will be presented to the City Council for consideration of appointment at a future meeting.
All PTAC members should have expertise and background in at least one of the fields described below, per CVMC 2.65.050(C) . At least one voting member should represent each expertise field described .
Notwithstanding the foregoing, the absence of candidates with expertise in one of the following areas shall not preclude the appointment of the full PTAC.
1. Information Technology and Data Security. Experience and/or expertise in cyber security and sensitive personal 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/or government transparency.
3. Accounting and Finance. Experience and/or professional credentials in contracting, procurem ent, 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.
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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.
ACTION A: Determine Nomination and Appointment Process
Under CVMC 2.65.050(A), the district-based nominations and appointments will be made first, followed by the general appointments (Mayoral nomina tion). No further process is specified for the order in which the initial district-based nominations are made . It is in the City Council’s discretion to decide the method and order to nominate and appoint those seats.
Some nomination process options the City Council may wish to consider are:
1. Nomination by Seniority Order. In seniority order, each Councilmember nominates an applicant for appointment. If the nomination receives a second, it is voted upon immediately. If there is no second or a motion fails, the next member in rotation makes a nomination. Nominations continue in seniority order until each Councilmember has had a nominee appointed.
Seniority order: Deputy Mayor Preciado, Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez.
2. Nomination Order Determined by Lot. The City Clerk may be directed to determine the order in which Councilmembers make nominations and appointments by random drawing. In the order drawn, each Councilmember nominates an applicant for appointment. If the no mination receives a second, it is voted upon immediately. If there is no second or a motion fails, the next member in rotation makes a nomination. Nominations continue in the randomly determined order until each Councilmember has had a nominee appointed.
3. Other Process as Determined by the City Council. A majority of the City Council may determine an alternative nomination process.
ACTION B: Nominations and Appointments for Four District-Based Seats and Three General Appointment (Mayoral Nomination) Seats
1. Following the determination of the nomination process, district -based nominations and appointments may be made. At least three affirmative votes of the City Council are required to make an appointment.
2. Following the nominations of the district-based seats, the Mayor may make nominations for the remaining three voting seats, subject to the City Council’s approval, with a goal of addressing all areas of expertise identified in CVMC 2.65.050(C). At least three affirmative votes of the City Council are required to make an appointment.
Additional Information
Should the Mayor or City Councilmembers determine that an insufficient number of appli cations remain to make their nomination, a majority of the City Council may direct the City Clerk to re -open the application period and solicit additional applications.
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Following the appointment of the initial PTAC members, an item will be brought for the City Council’s consideration to ratify the nomination of the ex officio (non-voting) member.
Newly appointed PTAC members will be scheduled for their oath of office at the next available City Council meeting. The initial meetings of the PTAC are anticipated in early 2024.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site -specific, and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining 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 info rmed by any City Councilmember of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current-year fiscal impact to the general fund as a result of this item.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the general fund as a result of this item.
ATTACHMENTS
1. Chula Vista Municipal Code Chapter 2.65: Privacy Protection and Technology Advisory Commission
2. Qualified Applications
Staff Contact: Cristina Hernandez, CMC, Deputy Director of City Clerk Services Kerry K. Bigelow, MMC, City Clerk