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December 5, 2023
ITEM TITLE
Privacy Protection and Technology Advisory Commission: Nominate and Appoint the District 4 -Nominated Seat or Establish Implementation Procedures for the Initial Appointments, and Nominate and Appoint the Three General Appointment-Based Seats
Report Number: 23-0328
Location: No specific location
Department: City Clerk
G.C. § 84308: No
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) Nominate and appoint the District 4-nominated seat.
OR
B) Adopt a resolution establishing additional implementation procedures for appointing the initial Privacy Protection and Technology Advisory Commission members.
FOLLOWING ACTION (A) OR (B):
C) Nominate and appoint the remaining three voting members to the Commission using the general appointment process (Mayoral nomination).
The remaining qualified applicants are: Marlano Batson, Jared Blackwell, Guy Chambers, Veronica Ferguson, Daniel Garate, Adolfo Gonzales, Susan Lake, Lucia Napolez, Thomas Pineda, Richard Pulido, Merzon Jeff Quiazon, Joaquin Quintero, and Devon Williams.
SUMMARY
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The Privacy Protection and Technology Advisory Commission became effective in August 2023 . Seventeen qualified applications were received during the application period. At the November 28, 2023 meeting, three of the district -based seats were filled. The City Council may nominate and appoint the remaining voting members to the Privacy Protection and Technology Advisory Commission. The vacant seats are one district based seat to be nominated by the District 4 City Councilmember, three general based seats to be nominated by the Mayor, and one ex-oficio seat to be nominated by the City Manager.
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.
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 . The applications were provided to the City Council and made available to the public onl ine at www.chulavistaca.gov/ptac on October 25, 2023. The application packet included 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).
At the November 28, 2023 City Council meeting, the City Council nominated and appointed the initial three district-based seats using a seniority-order nomination process. The following appointments were made:
Nominating Authority Nominee Name Expertise/Background
District 1 Eric Wood Self-Reported Expertise and City
Manager Input:
- Information Technology &
Data Security
- Privacy Protection
- Public Safety
District 2 Pati Ruiz Self-Reported Expertise and City Manager Input:
- Information Technology &
Data Security
- Privacy Protection
- Equity & Civil Rights
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District 3 Robert Godinez Self-Reported Expertise:
- Information Technology &
Data Security
- Privacy Protection
Self-Reported Expertise and City
Manager Input
- Equity & Civil Rights
The remaining seats to be filled are the District 4 -nominated seat, the three general appointment process (Mayoral nomination) seats, and the ex officio seat.
The remaining applications are included in Attachment 2. The City Manager’s input is included as part of the packet. The City Clerk has also prepared a summary of the applicants and their expertise/background. This information can be found in Attachment 3.
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 th e 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 pr esented 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, 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.
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.
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Nomination and Appointment Process
Under CVMC 2.65.050(A), the district-based nominations and appointments will be made first, foll owed by the general appointments (Mayoral nomination).
Action A: Appoint the District 4 Nominee
District 4 Councilmember Andrea Cardenas has nominated Susan Lake by way of a memorandum (Attachment 4). The City Council may consider ratifying the nomination . Councilmember Cardenas may nominate an alternative applicant if the nomination is not ratified.
Action B: Nominate and Appoint the Three General Appointment Nominees Once the District 4 -nominated member has been appointed, the Mayor may make the nominat ions for the three general appointment seats. A majority vote of the City Council is required for appointment.
Additional Information
Should the Mayor or District 4 City Councilmember determine that an insufficient number of applications remain to make the ir nomination, a majority of the City Council may direct the City Clerk to re -open the application period and solicit additional applications.
Following the appointment of the remaining 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 informed by any Cit y 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. Remaining Initial Qualified Applications
3. Composition of applicants and appointed members
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4. Memorandum of Nomination of Susan Lake from Councilmember Cardenas, District 4 Staff Contact: Cristina Hernandez, CMC, Deputy Director of City Clerk Services Kerry K. Bigelow, MMC, City Clerk