Loading...
HomeMy WebLinkAboutReso 2026-213RESOLUTION NO. 2026-213 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A NEW COUNCIL POLICY TITLED “ARTIFICIAL INTELLIGENCE” WHEREAS, Artificial Intelligence (AI) technologies are rapidly evolving and becoming increasingly integrated into workplace tools and public services, offering opportunities to enhance public services, operational efficiency, and community engagement, as well as cultivate a more innovative and resilient future; and WHEREAS, the City of Chula Vista has a longstanding commitment to innovation and leveraging technology to improve City operations and enhance services for the community; and WHEREAS, as AI technologies continue to evolve, the proposed AI Policy builds on this foundation by establishing a consistent governance framework for the responsible, transparent, and ethical use of AI systems; and WHEREAS, the Policy enables the City to embrace innovation while supporting appropriate oversight, transparency, accountability, and compliance with applicable laws, regulations, and City policies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it adopts a new Council Policy titled “Artificial Intelligence,” attached hereto as Exhibit 1, in the form presented, with such minor modifications as may be required or approved by the City Attorney. [SIGNATURES PROVIDED ON THE FOLLOWING PAGE] Docusign Envelope ID: C770F06A-F197-87C6-8047-DC2092D030F5 Resolution No. 2026-213 Page No. 2 Presented by Approved as to form by Tiffany Allen Marco A. Verdugo City Manager City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of October 2026, by the following vote: AYES: Councilmembers: Chavez, Fernandez, Inzunza, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: None John McCann, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2026-213 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 6th day of October 2026. Executed this 6th day of October 2026. Kerry K. Bigelow, MMC, City Clerk Docusign Envelope ID: C770F06A-F197-87C6-8047-DC2092D030F5 CITY COUNCIL POLICIES POLICY NAME:POLICY NUMBER: Effective Date: Last Revised Date: Status:Page: 1 8 I. BACKGROUND The City of Chula Vista strives to enhance public services, operational efficiency, and community engagement aided by the responsible use of Artificial Intelligence (“AI”) systems. AI use, including machine learning, predictive analytics, and generative systems can optimize City operations and the provision of public services, so long as implementation accounts for privacy, equity, transparency, security and accountability. Embracing AI responsibly can enhance Chula Vista’s competitiveness, long-term vitality and resident experience. II. PURPOSE This policy establishes standards for the responsible, transparent, and ethical use of AI systems by all City departments, contractors, and partners. It facilitates the City’s use of AI systems for the benefit of the community while safeguarding against potential harm. This policy recognizes that employing AI use for the benefit of the City’s residents, businesses, and visitors can enhance the City’s efforts to improve service delivery and strengthen public trust, as well as cultivate a more innovative and resilient future. III. SCOPE This policy applies to all City departments, offices, elected officials, contractors, vendors, and third-party partners that develop, procure, configure, or use AI systems on behalf of the City. IV. DEFINITIONS 1. AI Inventory: A central, public-facing inventory of AI systems in use at the City that includes the following: project summary, purpose, use policy, vendor, risk level, and responsible department. 2. AI System: Any software, application, hardware, tool, utility or data system that utilizes AI in a way that meaningfully influences outputs, decisions, analysis, or content generation. 3. Algorithm: A series of logical steps through which an agent (typically a computer or software program) turns particular inputs into particular outputs. 4. Artificial Intelligence (AI): A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, determinations, or decisions influencing real or Docusign Envelope ID: C770F06A-F197-87C6-8047-DC2092D030F5 CITY COUNCIL POLICIES POLICY NAME:POLICY NUMBER: Effective Date: Last Revised Date: Status:Page: 2 8 virtual environments. AI systems use machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through automated analysis, and use model inference to formulate options for information or action or decisions that influence real or virtual environments. 5. Automated Decision System (ADS): An AI-enabled tool that makes or substantially assists in making decisions that impact individuals, programs, services, or public resources without requiring human intervention or judgment. 6. Generative Artificial Intelligence (GenAI): A subset of AI that is algorithmically trained on one or more large data sets and designed to generate new and unique data (e.g., text, pictures, video) in response to a prompt (generally questions, instructions, images, or video) input by the user. 7. Material Change: Any change or modification to an AI System that substantially changes its intended purpose, functionality, capabilities, data sources, risk category or legal, operational, or privacy impacts from those evaluated during the original review and approval. 8. Personally Identifiable Information (PII): Data that a person reasonably expects to remain confidential or private, including but not limited to, their social security number, driver’s license information, state identification card, passport number, military identification number, financial account numbers, debit card number, credit card number, account login credentials, IP address, email address, phone number, home address, precise geolocation at a given time, biometric information, contents of email, contents of mail, contents of text messages, ethnic origin, racial origin, genetic data, medical information, health information, immigration status, philosophical beliefs, political opinions, religious beliefs, sexual orientation, union membership, or membership in any other private organization. For purposes of this policy, PII does not include information recorded, obtained, or disclosed as part of an active criminal investigation, a lawful judicial hearing or process, or in accordance with other legal or statutory requirements, including but not limited to the California Public Records Act. 9. Responsible Official: A designated City employee with the authority and accountability to oversee an AI system’s deployment and operation in compliance with applicable laws and policies. Typically, a City department head or other executive. 10. Surveillance: To observe the movements, behavior, or actions of identifiable individuals, or to gather information that can readily be connected to identifiable individuals for purposes of analysis in accordance with a program or plan, without the knowledge and consent of the observed individuals. Docusign Envelope ID: C770F06A-F197-87C6-8047-DC2092D030F5 CITY COUNCIL POLICIES POLICY NAME:POLICY NUMBER: Effective Date: Last Revised Date: Status:Page: 3 8 V. POLICY 1. Guiding Principles 1.1. Transparency 1.1.1. The purpose and use of AI systems shall be communicated and disclosed to the public. 1.1.2. A public AI Inventory shall be maintained, listing each AI System’s purpose, vendor, risk level, and responsible department(s). 1.1.3. Departments shall be responsible for determining the threshold above which text generated by an AI system is “substantial,” consistent with the principles outlined in this Policy, the AI Handbook, as well as relevant intellectual property laws. 1.1.4. All images and videos created by GenAI systems must be attributed to the appropriate GenAI system. 1.2. Accountability 1.2.1. Each City department must have a designated Responsible Official accountable for AI system outcomes. 1.2.2. Humans must exercise oversight for all AI-assisted decisions affecting individuals or communities. 1.2.3. Roles and responsibilities govern the deployment and maintenance of AI systems, and human oversight supports adherence to relevant laws and regulations. 1.3. Privacy & Security 1.3.1. The collection, use, retention, and sharing of PII used by AI shall be limited. 1.3.2. No confidential or PII shall be entered into AI Systems without express authorization by AI Coordinator. 1.3.3. Privacy-enhancing techniques (e.g., de-identification, differential privacy, etc.) shall be employed where feasible. 1.3.4. All AI Systems must comply with state and federal data protection laws including, but not limited to, the California Public Records Act (PRA). 1.3.5. All AI Systems must comply with City Council policies, including but not limited to, City Council Policy 112-04 (Privacy Protection and Technology Transparency Policy). 1.3.6. All data sharing with vendors shall require strict contractual safeguards limiting use, retention, and re-identification of any shared data. Docusign Envelope ID: C770F06A-F197-87C6-8047-DC2092D030F5 CITY COUNCIL POLICIES POLICY NAME:POLICY NUMBER: Effective Date: Last Revised Date: Status:Page: 4 8 1.3.7. AI systems shall adhere to cyber security best practices such as the principle of least privilege, granting only access to data, systems, applications, functions, and other resources necessary to perform their authorized purpose. 1.3.8. Use of AI systems shall maintain confidentiality, integrity, and availability of information through safeguards aligned to recognized security frameworks, standards and best practices that prevent unauthorized access and use. 1.3.9. Privacy shall be preserved in all AI systems by safeguarding PII and sensitive data from unauthorized access, disclosure, and manipulation. 1.3.10. Prompts or other inputs submitted by users to AI systems and the resulting outputs are not routinely retained by the City. If an input or output constitutes a City record, the user shall be responsible for retaining it in accordance with applicable City records retention policies and procedures. The use of an AI system does not alter the City's obligations under applicable records retention laws or the California Public Records Act. 1.4. Equity & Fairness 1.4.1. Use of AI systems will aim to support equitable outcomes for everyone. 1.4.2. Potential disparate or discriminatory impacts shall be assessed and addressed by making best efforts to review AI systems for equity and bias and identifying appropriate mitigation strategies prior to deployment. 1.4.3. Where appropriate, community engagement will be conducted to understand potential disparate impacts and feedback will be incorporated into AI Impact Assessment mitigation plans. 1.4.4. Prior to adopting a new AI system, training and risk analysis will be conducted to identify training needs, and appropriate City employees shall complete any required training and review system-specific risks, data, and limitations related to ethical use, privacy, and bias. 1.5. Human-First Principle 1.5.1. The City affirms that technology, including AI, exists to enhance, not replace, the human capacity to serve the community. 1.5.2. The City’s approach to AI use shall be human-first, meaning that automation and data- driven tools should support, empower, and augment the workforce. 1.6. Workforce Protections & Development Docusign Envelope ID: C770F06A-F197-87C6-8047-DC2092D030F5 CITY COUNCIL POLICIES POLICY NAME:POLICY NUMBER: Effective Date: Last Revised Date: Status:Page: 5 8 1.6.1. Potential workforce impacts of AI solutions will be assessed and considered as part of the City’s adoption of AI solutions. 1.6.2. When automation affects job duties, departments shall prioritize upskilling, role redesign, or reassignment in consultation with affected represented labor groups as required. 1.6.3. The City will provide employees with training and professional development opportunities to build familiarity and confidence in using AI Systems responsibly. 1.6.4. City employees are empowered to use AI in their roles through education, training, task execution, and collaborations that promote participation and opportunity. 1.6.5. Technology adoption in a manner that values City employees by engaging them on potential workforce impacts and incorporating their perspectives into decision-making. 1.6.6. Labor group notification and bargaining shall be required where appropriate and worker dignity shall be preserved when AI is used to evaluate or manage personnel. 1.7. Operational Efficiency & Service Delivery 1.7.1. AI adoption should focus on providing exceptional service with a focus on cost effectiveness, operational excellence, streamlining repetitive tasks, and allowing employees to dedicate more time to high-value, human-centered work. 1.7.2. AI Systems should be deployed to improve customer experience, expand service accessibility, and increase responsiveness to residents and businesses. 1.7.3. Efficiency gains from AI should be reinvested to strengthen service quality, innovation capacity, and employee engagement. 2. Governance & Roles 2.1. AI Coordinator 2.1.1. The AI Coordinator shall be designated by the City Manager and shall be responsible for coordinating AI Policy implementation including maintaining the City’s central AI Inventory, conducting the AI Impact Assessments, supporting and coordinating training, and convening the AI Working Group (AWG). 2.2. AI Working Group (AWG) 2.2.1. The AWG shall be comprised of representatives from the City Attorney’s Office, City Clerk, Economic Development, Finance, Human Resources, and Information Technology Services Departments. Docusign Envelope ID: C770F06A-F197-87C6-8047-DC2092D030F5 CITY COUNCIL POLICIES POLICY NAME:POLICY NUMBER: Effective Date: Last Revised Date: Status:Page: 6 8 2.2.2. The AWG shall review AI Tool Requests and AI Impact Assessments prior to approval. 2.2.3. The AWG shall review policies, at a minimum every two years, and recommend updates to reflect evolving best practices. 2.3. Departmental AI Lead 2.3.1. Each department shall appoint at least one AI Lead. The AI Lead shall be responsible for interfacing with the AI Coordinator to ensure department compliance, documentation, and coordination with the AWG. 2.4. Responsible Official 2.4.1. A Department Head, or other executive, shall oversee the applicable department’s AI Systems deployment and operation in compliance with applicable laws and policies. 3. Procurement & Review Process 3.1. Pre-Procurement Review 3.1.1. Departments shall submit an AI Tool Request describing functionality, data used, risk category (low, medium, high), procurement method, and vendor assurances (security, bias testing, etc.). 3.2. The AWG may perform technical and legal review prior to contract award as outlined in the AI Handbook.AI Impact Assessment (AIA) 3.2.1. Prior to deployment, departments, together with the AI Coordinator, shall complete an AIA that addresses matters including, but not limited to, the AI System’s purpose and necessity, benefits and outcomes, privacy and security, measures for oversight, and monitoring plans. 3.2.2. High risk AI Systems may be subject to independent third-party review, at the discretion of the City Manager or designee. 3.3. Emergency Uses 3.3.1. The procurement and review processes established in Sections 3.1 and 3.2 of this policy may be waived for emergency uses with approval of the City Manager and subject to subsequent reporting and City Council notification. 3.4. Vendor Management 3.4.1. Vendors must disclose model family, training data characteristics, known limitations, and provide a security and bias-mitigation approach. Docusign Envelope ID: C770F06A-F197-87C6-8047-DC2092D030F5 CITY COUNCIL POLICIES POLICY NAME:POLICY NUMBER: Effective Date: Last Revised Date: Status:Page: 7 8 3.4.2. Contracts shall allow City access to technology for testing and auditing and shall include termination clauses. 3.4.3. AI Systems that experience a Material Change in functionality or use following approval shall undergo a new review and approval process prior to deployment of modified use or system. 4. Implementation & Reporting 4.1. AI Coordinator Responsibilities 4.1.1. The AI Coordinator shall maintain a central, public-facing AI Inventory and publish an annual AI Governance Report. 4.2. AI Handbook 4.2.1. In addition to this Policy, all AI systems shall adhere to the risk classification and approval processes, oversight and other requirements included in the AI Handbook. 4.2.2. The AI Handbook and AI Policy shall be reviewed periodically, at a minimum every two years, or upon changes in state or federal law. 4.3. Periodic Reviews 4.3.1. High risk systems may require periodic internal review or independent third-party reviews. 4.3.2. Results of such reviews and corrective action plans will be included in the AI Governance Report. 5. Prohibited or Restricted Uses 5.1. Real-time biometric surveillance or predictive policing without City Council authorization. 5.2. Fully automated decisions that do not require any meaningful human oversight, but substantially impact individuals in areas such as housing, employment, benefits, or enforcement actions. 5.3. Use of AI systems without human review or appeal processes. 5.4. Free-to-use GenAI websites or models that require the employee to create an account and agree to the terms and conditions of the GenAI company. 5.5. Covert use of AI systems to track individuals based on their behaviors, socioeconomic status, or personal characteristics, for any purpose, including social scoring. 5.6. Cognitive behavioral manipulation of people or specific vulnerable groups. Docusign Envelope ID: C770F06A-F197-87C6-8047-DC2092D030F5 CITY COUNCIL POLICIES POLICY NAME:POLICY NUMBER: Effective Date: Last Revised Date: Status:Page: 8 8 5.7. Use of any AI System not included in City AI Inventory. 6. Exemptions 6.1. Low-risk AI Systems that are used for individual productivity and generally support refinement, rather than content creation, such as brainstorming, grammar correction, style/tone adjustment, and/or proofreading are not subject to this Policy. 6.2. No confidential, proprietary or PII data can be entered into the exempted AI System, and it must not be integrated into any City system. HISTORY DATE ACTION RESOLUTION NO. Docusign Envelope ID: C770F06A-F197-87C6-8047-DC2092D030F5