HomeMy WebLinkAbout2024-04-17 BOE Agenda Packet
Date:Wednesday, April 17, 2024
Time:5:15 p.m.
Location:City Hall, Bldg. #A, Executive Conference Room #103
276 Fourth Avenue, Chula Vista
Board of Ethics Regular Meeting
Public Comments: Public comments may be submitted to the Board of Ethics in the following ways:
In-person comments during the meeting. Join us for the Board of Ethics meeting at the time
and location specified on this agenda to make your comments.
•
Submit an eComment. Visit www.chulavistaca.gov/boardmeetings, locate this meeting, and
click the comment bubble icon. Click on the item you wish to comment on, then click "Leave
Comment."
•
Mail or email comments. Submit comments via email to BOE@chulavistaca.gov or by mail to
Board of Ethics, 276 Fourth Ave, Chula Vista, CA 91910.
•
The commenting period will close at noon on the day of the meeting. All comments will be made
available to the Board and the public.
Accessibility: Individuals with disabilities are invited to request modifications or accommodations in
order to access and/or participate in a Board of Ethics meeting by contacting the City Attorney's Office
at BOE@chulavistaca.gov (California Relay Service is available for the hearing impaired by dialing
711) at least forty-eight hours in advance of the meeting.
Pages
1.CALL TO ORDER
2.ROLL CALL
Board Members Barragan, Gersten, Hurst, Maisonet, Salas, Torres, Velissaropoulos
3.SPECIAL ORDERS
3.1 Welcome Newly Appointed Board Members Maisonet and Salas and Board
Member Introductions
4.PRESENTATION
4.1 Presentation by Deputy City Manager Courtney Chase Regarding Measure P
Status
Keeping Chula Vista Safe, Clean and Well-Maintained, A Status On Measure
P
4.2 Presentation by Assistant City Attorney Megan McClurg Regarding Roles
and Functions of the Board of Ethics
4
5.PUBLIC COMMENTS 17
Persons may address the Board on any subject matter within the Board’s jurisdiction
that is not listed as an item on the agenda. State law generally prohibits the Board
from discussing or taking action on any issue not included on the agenda, but, if
appropriate, the Board may schedule the topic for future discussion or refer the
matter to staff. If you wish to comment, please submit comments electronically at:
www.chulavistaca.gov/boardmeetings or submit an electronic comment per the
instructions on page one of this agenda.
6.ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the
Board and are expected to elicit discussion and deliberation. If you wish to comment
on one of these items, you may do so at www.chulavistaca.gov/boardmeetings or
submit an electronic comment per the instructions on page one of this agenda.
6.1 Approval of January 17, 2024 Meeting Minutes 21
Recommended Action:
Approve minutes.
City of Chula Vista Board of Ethics
April 17, 2024 Agenda Page 2 of 23
6.2 Continued Discussion and Possible Action on Board of Ethics Work Plan for
Fiscal Year 2023 - 2024
Update on ad hoc subcommittees work plan for the following projects:
Group A: Lobbying Ordinance - Commissioners Isidro Barragan and Leslie
Hurst
Group B: Ex Parte Communications Policy - Commissioners William Gersten
and Jose Torres
Group C: Amendments to Code of Ethics - Commissioners Alexia
Velissaropoulos and Leslie Hurst
Recommended Action:
Discuss ad hoc subcommittee work and/or goals, assign new board
members to an ad hoc subcommittee and take other action as appropriate.
6.3 Discussion and Possible Action Regarding Solicitation of Additional
Enforcement Authority Panel Members Pursuant to CVMC 2.52.140
Discuss and take action regarding the solicitation of application for an
additional enforcement panel members pursuant to Chula Vista Municipal
Code 2.53.140.
OTHER BUSINESS
7.STAFF COMMENTS
8.CHAIR'S COMMENTS
9.BOARD MEMBERS' COMMENTS
10.ADJOURNMENT
to the regular meeting on May 15, 2024 at 5:15 p.m.
Materials provided to the Board of Ethics related to any open-session item on this
agenda are available for public review by contacting the City Attorney's Office at
BOE@chulavistaca.gov.
City of Chula Vista Board of Ethics
April 17, 2024 Agenda Page 3 of 23
.
This booklet is intended
to provide guidance; it
is not intended to be
solely relied upon for
regulations and laws
governing legislative
bodies. For more
information, please refer
to the City of Chula
Vista’s Charter and
Municipal Code, and the
California Government
Code.
Rev. 12/2023
General Rules
for Boards and
Commissions
Office of The City Clerk
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City of Chula Vista Boards & Commissions Rules and Guidelines 2 | P a g e
Contents
INTRODUCTION ..................................................................................................................................................... 3
RULES AND GUIDELINES ................................................................................................................................... 4
City Council ......................................................................................................................................................... 4
City Staff ............................................................................................................................................................... 4
Public and Press ................................................................................................................................................ 5
Members - Qualifications and Eligibility .................................................................................................. 5
Members’ Terms ............................................................................................................................................... 5
The Chairperson ................................................................................................................................................ 6
Meetings ............................................................................................................................................................... 6
Quorum and Voting Requirements ............................................................................................................ 6
Conflicts of Interest .......................................................................................................................................... 7
Agendas/Agenda Packets .............................................................................................................................. 7
Meeting Cancellation ....................................................................................................................................... 7
Appointment of Subcommittees ................................................................................................................. 8
Gifts, Grants, and Contracts ........................................................................................................................... 8
Compensation and Expenses ........................................................................................................................ 8
Business Cards ................................................................................................................................................... 8
Bylaws ................................................................................................................................................................... 8
Attendance .......................................................................................................................................................... 9
Vacancies ............................................................................................................................................................. 9
Mandatory Training Sessions .................................................................................................................... 10
Code of Ethics .................................................................................................................................................. 11
The Ralph M. Brown Act .............................................................................................................................. 11
CONCLUSION ........................................................................................................................................................ 13
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INTRODUCTION
Thank you for your willingness to serve your community as a member of a City Board
or Commission. The City of Chula Vista has established a number of advisory bodies, each
with distinct responsibilities. Advisory bodies play an important role in City governance by
creating a diversified citizen-based focus into the planning process to maintain strong public
interest, assisting the City Council in addressing specific issues in detail, lending professional
expertise, facilitating community decision-making, and serving as a primary conduit
between citizens, City staff, and the City Council. The City Council looks forward to your
contributions in working together to provide efficient municipal service responsive to local
needs and expectations.
BEFORE YOU BEGIN, become familiar with:
The duties of the board or commission on which you serve. The duties of each board and
commission are outlined in Title 2 of the Chula Vista Municipal Code or you can visit the
boards and commissions homepage at: https://www.chulavistaca.gov/departments/city-
clerk/boards-commissions.
The general rules for boards and commissions outlined in this summary and found in Chapter
2.25 of the Chula Vista Municipal Code, as well as any bylaws that may have been adopted by
the board or commission that you will be working with.
Scan to view Chula Vista
Municipal Code, Title 2
www.chulavista.municipal.codes/CVMC/2
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RULES AND GUIDELINES
City Council
CVMC 2.25.280
The primary purpose of advisory bodies is to provide judicious advice to the City Council.
Advisory bodies play an important role in City government by assisting and advising t he City
Council in formulating and implementing policy.
Each board and commission must prepare an annual report of its activities for the City Council.
This report is due to the City Clerk by June 30th of every year. A board or commission may make
other reports to the City Council, either in writing or verbally, at a public session of the City
Council.
Proposals, suggestions, and recommendations must be forwarded to the City Council within 10
working days of the meeting at which formal action by the board or commission has been taken.
Policy positions taken by boards and commissions are not to be presented as official policy of the
City until recommended to, and adopted by, the City Council.
Board and commission members may speak on behalf of their respective board or commission
ONLY after a vote has been taken by that board or commission. Individual members making
recommendations or expressing views that have not been approved by the board or commission
must indicate that they are expressing themselves as private citizens, not as representatives of their
respective board or commission.
All advisory bodies operate under the auspices of the Council and are responsible to the Council
for compliance with the City’s Charter, Council policies, the Municipal Code, the Brown Act, the
Political Reform Act, and other applicable local, state and federal regulations.
City Staff
Charter Sec 603, 605; CVMC 2.25.260
The staff liaisons to the boards and commissions are valuable resources. Staff is available to answer
questions and follow up on items brought before the board or commission.
The City Manager appoints a staff person to serve as secretary to each board or commission. In
addition to other duties, the secretary is responsible for finalizing resolutions and performing other
administrative duties, as necessary.
The Director of Public Works, the City Attorney, and the Director of Planning and Building, are
available to the Planning Commission.
The City Manager may make available other staff and clerical support as requested by a board or
commission to fulfill its functions and duties, provided such staff and clerical support are available.
These staff persons shall not be considered voting or ex -officio members of those boards or
commissions.
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Public and Press
CVMC 2.25.280(D)
When making statements to the public or the press, board or commission members must ensure
that their comments are factual and indicate that actions taken by the board or commission are
“recommendations,” with final actions to be taken by the City Council. It is also important that
members making recommendations or expressing views that have not been officially voted on by
a majority of the board or commission indicate that they are expressing themselves as private
citizens.
Members - Qualifications and Eligibility
CVMC 2.40.040(B)(6), 2.61.050(C), 2.63.050(C), 2.25.030, 2.25.060
With few exceptions, voting members of boards and commissions must be registered to vote in
City of Chula Vista elections.
An individual is eligible to serve on only one board or commission at a t ime, with the
exception of the Growth Management Oversight Committee, and the Measure P and
Measure A Citizens’ Oversight Committees.
A salaried officer or employee of the City is not eligible to be appointed to a board or
commission, with the exception of the Measure A Citizens’ Oversight Committee.
Ex-Officio members are not entitled to vote or to make motions and may be appointed by
the City Council because of their expertise in an area that may assist a particular board or
commission. Ex-officio members are not required to be registered voters are subject to term
limits.
Members must take the oath of office before they may participate on the board or
commission and assume their office on the date they take the oath of office.
Members’ Terms
Charter Sec 602(A), 602(C), CVMC 2.25.080, 2.25.100
The standard term of office for board and commission members is four years, which begins July 1
and ends June 30 four years later. At the end of any voting member’s term, he or she shall be
permitted to continue to exercise the privileges of his or her former office until the office is filled
by the appointment of a qualified successor.
Members may be appointed to more than one four-year term, but are limited to serving as
voting members for a maximum of two consecutive terms. There is, however, an exception
if the member was initially appointed to an unexpired term with fewer than two years
remaining.
An individual who has served two consecutive terms as a voting member may be
reappointed to the same board or commission after an interval of two years has passed.
If a vacancy on any board or commission occurs prior to the expiration of a term of office
for a voting member, any appointment to fill the vacancy shall be for the remaining
unexpired term of office. For example, if Jane’s term expires on 6/30/2020, but Jane resigns
on 2/20/2020, the newly appointed commissioner will take on the term expiration of
6/30/2020.
A voting member who currently sits on a particular board or commission may not be
appointed to fill the unexpired term of another voting member’s vacated seat on that same
board or commission. An individual who currently sits as an ex-officio member of a
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board or commission may be appointed to fill the unexpired term of a voting member's
vacated seat on the same board or commission if the ex-officio member meets the eligibility
criteria for voting membership.
The Chairperson
CVMC 2.25.180, 2.25.190
At the first regular board or commission meeting following July 1 of every year or as soon as
practicable thereafter, each board or commission elects a chairperson from among its voting
members. Each board and commission may also elect a vice-chairperson from among its voting
members. The chairperson and any vice-chairperson elected serve for a period of one year.
The Chairperson serves as presiding officer at meetings, encourages the input of ideas to
guide discussions in a logistical and orderly fashion, and facilitates the overall decision -
making process.
The Chairperson should clarify ideas as they are discussed and repeat motions made, so
that all members fully understand the wording of the item on which they are voting. In the
absence of the chairperson, the vice chairperson, if any, shall serve as presiding officer. In
the absence of the chairperson and the vice chair, if any, the secretary calls the meeting to
order and the voting members select a chair pro-tem from any of the board or commission's
voting members for purposes of conducting business at that meeting.
Meetings
CVMC 2.25.200, 2.25.230(A)
As required by the City Charter, boards and commissions hold regular meetings. With a few
exceptions, as stated in the Chula Vista Municipal Code, each board or commission holds its
regular meetings at least monthly. Each board or commission establishes the day, time and location
for its regular meetings by written resolution and may only amend its regular meeting time and/or
location by written resolution.
In addition to regular meetings, boards and commissions are authorized to call and hold
any special meetings they deem necessary, as long as the meetings are properly noticed.
No written resolution is required to call a special meeting.
As a general rule, boards and commissions shall hold their regular and special meetings at
a City facility. Boards and commissions may hold their meetings from time to time in other
locations within the City, as long as meetings are properly noticed.
All board and commission meetings shall be noticed and held in accordance with the
requirements of the Brown Act.
The secretary to the board or commission prepares minutes for every meeting.
Quorum and Voting Requirements
Charter Sec 603, CVMC 2.25.240
Unless otherwise required by state law or the Chula Vista Municipal Code, the affirmative vote of
a majority of the entire voting membership (not including ex-officio members and seats that have
not been filled) of any board or commission shall be necessary for it to take any action except to
adjourn.
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Conflicts of Interest
Government Code §87100, Government Code §87105(a)
The Political Reform Act was enacted by the State of California by an initiative known as
Proposition 9 in 1974. One of the Act’s main purposes is to prevent financial conflicts of interest
on the part of public officials. Voting and ex-officio members of certain boards and commissions
may be required to file assuming office, annual and or leaving office statements of economic
interest (Form 700) as determined in the City's Conflict of Interest Code. The City of Chula Vista
adopted Resolution 2018-003 requiring electronic filing of Fair Political Practices Statement of
Economic Interests, Form 700. The City Clerk will provide a courtesy notification to members
who are required to file the statements; however, it is the filer’s responsibility to ensure he or she
files in accordance with the Political Reform Act
The state's Political Reform Act and the City's Conflict of Interest Code state that no person
shall make or participate in the making of a governmental decision that he or she knows,
or has reason to know, will have a reasonably foreseeable material financial effect on him
or her distinguishable from its effect on the public generally. The Political Reform Act
and implementing regulations require a public official diligently to monitor his or her
business interests, real property, sources of income, gifts, and personal finances to ensure
that he or she does not participate in an action in which he or she has a conflict of interest.
When a member has a conflict of interest, or the appearance of a conflict of interest, he or
she must publicly state the nature of the conflict. Unless the item is on the consent calendar,
the member must step down from the dais or table and leave the room until consideration
of the particular item is finished. Additionally, the disqualified member may not be counted
toward achieving a quorum while the item is being discussed. A member may consult the
City Attorney if he or she has a question about whether or not a conflict exists and whether
or not he or she should disqualify himself or herself from discussing or voting on an issue.
For help with basic questions regarding compliance, you may contact the Fair Political Practices
Commission advice line at 1-866-275-3772 or via email at advice@fppc.ca.gov.
Agendas/Agenda Packets
CVMC 2.25.210
Agendas must be prepared for all meetings in accordance with Brown Act requirements.
Items may be placed on the agenda by the chairperson, by majority vote of the members,
or by City staff.
The secretary for each board or commission prepares meeting agendas in consultation with
the chair and forwards the agenda and supporting documents to members in sufficient time
for their review.
The board or commission secretary forwards agendas to the Mayor, City Council, City staff
designated to assist a particular board or commission, and individuals who have submitted
a written request for meeting information.
Meeting Cancellation
CVMC 2.25.220
A meeting may be cancelled because of a lack of a quorum of voting members or the lack of agenda
items.
If the board or commission secretary has advance notice that a meeting will not be held,
the secretary posts a notice of cancellation in lieu of posting or mailing an agenda for the
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meeting.
If a quorum of voting members cannot be assembled on the date and at the time a meeting
was scheduled to be held, the secretary shall declare the meeting cancelled and
post a notice of cancellation of the meeting on the door of the room where the meeting was to be
held.
Appointment of Subcommittees
CVMC 2.25.250
Boards and commissions may appoint subcommittees that they deem appropriate to provide advice
on any matter within the jurisdiction of the particular board or commission.
Subcommittees shall be created, and shall conduct themselves in accordance with the
Brown Act
The role of any subcommittee is to provide expertise and advice to its establishing board
or commission. Subcommittees and subcommittee members shall not advise the City
Council directly or speak on behalf of the board or commission without prior approval of
a majority of the members of the board or commission.
Gifts, Grants, and Contracts
CVMC 2.25.270
A Board or commission may not accept gifts or grants from any source absent approval from the
City Council. A board or commission may not commit or attempt to commit the City to an y
contract or other agreement without first obtaining authority from the City Council to do so.
Compensation and Expenses
CVMC 2.25.140
Members of boards and commissions shall serve without compensation for their services.
Members of boards and commissions may receive reimbursement for necessary travel and other
expenses incurred on official duty to the extent that appropriations for such expenses have been
approved by the City Council in the budget for the board or commission.
Business Cards
CVMC 2.25.140
Members of boards and commissions are authorized to use business cards showing their affiliation
with their particular board or commission only if they are used in relation to the duties and
functions of the particular board or commission. Business cards must be purchased with City funds,
and only if appropriations have been approved by the City Council in the budget for the board or
commission.
Bylaws
CVMC 2.25.170
Boards and commissions may adopt bylaws governing the internal conduct of their affairs. The
bylaws must be consistent with the City Charter, the Municipal Code, and applicable state law and
shall include the method for their amendment. The original bylaws and any amendments to the
bylaws shall be delivered to the City Clerk for preservation.
Attendance
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CVMC 2.25.110
Regular attendance at meetings is critical to the effective operation of boards and commissions.
The City Council relies on advice of the City’s boards and commissions that grows from
discussions among appointed members. The City Council anticipates that members appointed to
the City’s boards and commissions will make every reasonable effort to attend all regular
meetings of their respective boards or commissions, to attend special meetings, and to be prepared
to discuss matters on their respective agendas.
The City Charter requires that any board or commission member who is absent from three
consecutive, regular meetings will be deemed to have vacated his or her membership on the
particular board or commission, unless his or her absence is excused by a majority vote of the other
members, as reflected in the official minutes of the board or commission. Board and commission
members, by a majority vote, may excuse a fellow board or commission member’s absence from
meetings for any of the following reasons:
1. Illness of the member, family member of the member, or personal friend of the
member;
2. Business commitment of the member that interferes with the attendance of the member
at a meeting;
3. Previously scheduled vacation of the member, notice of which was provided to the
respective board or commission in advance of the meeting;
4. Attendance of the member at a funeral, religious service or ceremony, wedding, or
other similarly significant event;
5. Unexpected, emergency situation that prohibits the member’s attendance; or
6. Other reason for which the member has given notice to the secretary of his or her
unavailability at least seven days in advance of the meeting.
The secretary of each board or commission shall notify the City Clerk if a voting member misses
three regular, consecutive meetings of the board or commission without being excused by a
majority vote of the board or commission as expressed in its official minutes.
Vacancies
CVMC 2.25.105
If the City Clerk determines that a vacancy has occurred pursuant to Charter section 602(c), the
Clerk shall add an item to the City Council agenda to declare the seat vacant. Vacancies provided
for in the Charter are: being absent from three (3) regular meetings of such body consecutively,
unless by permission of such board or commission expressed in its official minutes; being
convicted of a felony or crime involving moral turpitude; or ceasing to be a qualified elector of the
City. Between the occurrence of vacancy and the Council declaration of vacancy, the member
shall be unable to continue serving as a board or commission member and shall have no duties of
the office.
If a member loses the status or classification that qualified the individual for his or her seat on a
particular board or commission, unless otherwise provided in the board or commission
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membership rules, the City Clerk shall schedule the declaration of vacancy on an agenda of the
City Council as soon as practicable after being informed of a qualifying circumstance.
If a member becomes a paid employee of the City, the member’s status as a board or commission
member shall automatically terminate.
A member may be removed for cause by three affirmative votes of the Council for the following
reasons:
a. Absence from more than 50 percent of the meetings of the board or commission in one
fiscal year, whether or not excused by a majority vote of its members;
b. Unavailability or conduct which interferes with the board or commission’s ability to
conduct business;
c. Failure to attend training sessions mandated by the City;
d. Violation of any City policies or City, state or federal regulations that are the subject of
mandatory training sessions; or
e. Violation of the City’s code of ethics, which shall be processed in accordance with
Chapter 2.28 CVMC.
The Mayor shall monitor attendance and training records and reports of situations described above.
The Mayor may make recommendations to the full Council for a vote on the removal of a member
for cause. Prior to making such a recommendation, the member shall be notified and be provided
a reasonable opportunity to submit an explanation for the Mayor and Council’s consideration.
A member may resign by providing notice to the Chair, City staff, or the City Clerk. The City
Clerk shall post a notice of vacancy and notify the City Council so that action can be taken to fill
the vacancy.
Mandatory Training Sessions
Government Code §53234, CVMC 2.25.160
Board and Commission members are required to attend periodic training sessions on ethics laws
as specified in California Government Code §53234. Board and commission members shall
participate in mandatory AB 1234 Ethics training sessions in the first year of appointment to their
particular board or commission and at least once every two years thereafter. The City Clerk will
provide a courtesy notification to members who are required to complete the training; however, it
is the member’s responsibility to ensure he or she completes training and submits certificate of
completion to the City Clerk on or before the due date. A member’s failure to comply with this
training requirement may be cause for removal from office.
Board and commission members may be required to attend periodic additional training sessions
on the City’s code of ethics, Brown Act requirements, sexual harassment laws and policies, and
other laws or City policies as may be determined.
Code of Ethics
CVMC 2.25.130
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Voting and ex-officio members of boards and commissions are public officials and, therefore, act
as agents for the public’s purpose and hold office for the public’s benefit. As public officials, they
are bound to uphold the law, observe in their official acts a high standard of morality and discharge
faithfully the duties of their office, recognizing that the public interest must be a primary concern.
Members of boards and commissions are expected to conform to the City’s Code of Ethics, found
in the Chula Vista Municipal Code. If a board or commission member is in doubt about whether
the Code of Ethics applies to a particular situation, the member may request in writing an advisory
opinion from the Board of Ethics.
The Ralph M. Brown Act
Government Code §54950-56963
Political accountability is essential to responsible government. To help ensure accountability, the
“Brown Act” was passed by the State Legislature and requires, “All meetings of the legislative
body of a local agency shall be open and public, and all persons shall be permitted to attend any
meetings of the legislative body of a local agency…” The law prohibits closed or secret meetings
except under very special circumstances. The City Council takes this matter very seriously and
requires that the “public business” be done in an open forum. It is essential that no perception to
the contrary be conveyed.
The Brown Act also establishes requirements for advance notice and a posted agenda before
regular meetings take place. Furthermore, no action may be taken on an item at any meetings
without a quorum present.
Purpose
The Act represents the Legislature’s attempt to balance the need of the public to have access
to meetings of public bodies with the needs of the public bodies for confidential candor,
debate and information gathering.
Scope
All meetings of “legislative bodies” of local agencies shall be open to the public – includes
council, boards, commissions, and committees.
Exceptions to Public Meetings
Public bodies can meet in closed session for certain limited purposes. Closed sessions are
permissible only if expressly authorized by statute.
Meeting
Any gathering of a majority of the members of a body to receive information, hear a
proposal, discuss an issue, or take any action.
Specific Meeting Types
Informal gatherings, conferences and retreats, meetings of other public bodies, pre-
meetings, standing committees.
Serial Meetings
A series of communications, each of which involves less than a quorum of the public body,
but which taken as a whole involves a majority of the body’s members and seeks to develop
a consensus on an issue. Serial meetings are prohibited by the Brown Act. Examples of
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prohibited communications:
Conversations which advance or clarify a member’s understanding of an issue and
involve a majority of the meeting body.
Discussions outside of an open meeting that facilitate an agreement or compromise
among members.
Discussions outside of an open meeting that advance the ultimate resolution of an
issue.
Noticed Meetings
All meetings must be noticed. The notice must contain time and place of the meeting and
include an agenda.
Documentation relating to an open session agenda item that is distributed less than 72 hours
prior to the meeting must also be made available to members of the public at the same time.
Agenda Requirements
Agendas must be posted 72 hours prior to a meeting, with a brief description of all items
to be discussed or acted on by the public body.
Items Not on the Agenda
No action or discussion may occur on items that are not on the agenda, except in very
specific situations:
1. Brief statements, questions, and announcements, such as:
Brief responses to statements made or questions asked under public comment.
Questions or clarifications, brief announcements, or brief reports on members’
own activities.
References to staff or other resources for factual information, requests to staff
to report back on a matter at a subsequent meeting, or direction to staff to place
a matter of business on a future agenda.
2. A majority vote of the board or commission determines that an “emergency” situation
exists, as defined in Government Code section 54956.5. Examples include activity that
severely impairs public health or safety, crippling disasters, and terrorist acts..
3. Two-thirds vote of the board or commission (or a unanimous vote if less than two-
thirds are present) that immediate action is required and that the need for action came
to the attention of the local agency after the agenda was posted.
It is very unlikely that exceptions 2 and 3, above, would apply to a board or commission.
The City Clerk or City Attorney should be consulted for further information prior to using
these exceptions.
Public Comment
Every agenda must give the public an opportunity to comment on any matter within the
body’s subject matter jurisdiction; the public must have an opportunity to comment on any
item being considered by the body, and; the Boards and Commissions may establish
procedures, such as time limits for public comment, as long as they are fair and equitable.
Miscellaneous
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Secret ballots and voting are prohibited even if it would place the Boards and
Commissions and/or members in an awkward or embarrassing situation;
Persons who willfully cause disruption of a meeting may be excluded;
The body may not prohibit any person attending the meeting from video recording,
audio recordings or broadcasting the proceedings, unless a finding is made that such
activity would disrupt the proceedings.
Member Comments
Members are permitted to make a brief announcement or report on his/her own activities;
request staff report back on an issue; with consensus of a majority of Boards and
Commissions; request staff to place an item on a future agenda.
Penalties
Criminal Penalties – against members in attendance at a meeting where action taken
in violation of act.
Civil Remedies – Injunction, mandamus or declaratory relief to prevent or stop
violations. Action to void past acts taken in violation of act.
Awards – Costs and attorney fees.
CONCLUSION
The City Council would like to thank you for accepting this position and for devoting your time
and effort to become actively involved in the affairs of this community. We sincerely hope that
you will enjoy your participation in the governing process in the City of Chula Vista as a member
of one of its advisory bodies, and you will feel free to call upon any of its representatives for
advice, background information, or assistance.
Office of the City Clerk
Karina Lafarga, Deputy City Clerk
(619) 476-2300 | klafarga@chulavistaca.gov
Kerry K. Bigelow, MMC, City Clerk
(619) 407-3590 | kbigelow@chulavistaca.gov
Making a difference takes heart…
Volunteers have heart.
Page 16 of 23
City of Chula Vista Board of Ethics
April 17, 2024 Agenda
1
Doris Cornejo
From:Robert <>
Sent:Wednesday, March 20, 2024 2:56 PM
To:Board of Ethics; CityClerk; CityAttorney; John McCann; Jose Preciado
Subject:audit 3.20.24
WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open
attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to
reportphishing@chulavistaca.gov
NO LINKS.
Page 17 of 23
City of Chula Vista Board of Ethics
April 17, 2024 Agenda
1
Doris Cornejo
From:Robert
Sent:Wednesday, March 20, 2024 3:00 PM
To:Board of Ethics; CityClerk; CityAttorney; John McCann; Jose Preciado
Subject:Re: audit 3.20.24
WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open
attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to
reportphishing@chulavistaca.gov
this shows the cancel and is public facing. so good job.
Page 18 of 23
City of Chula Vista Board of Ethics
April 17, 2024 Agenda
2
links add up and dates look fine.
only thing is LINKS on Calendar.
On Wed, Mar 20, 2024 at 2:55 PM Robert wrote:
NO LINKS.
Page 19 of 23
City of Chula Vista Board of Ethics
April 17, 2024 Agenda
Page 20 of 23
City of Chula Vista Board of Ethics
April 17, 2024 Agenda
1
REGULAR MEETING OF THE BOARD OF ETHICS
Meeting Minutes
January 17, 2024, 5:15 p.m.
City Hall, Bldg. #A, Executive Conference Room #103
276 Fourth Avenue, Chula Vista
Present: Board Members Barragan, Gersten, Hurst, Torres and
Velissaropoulos
Also Present: Assistant City Attorney Megan McClurg and Secretary Doris
Cornejo
_____________________________________________________________________
1. CALL TO ORDER
A regular meeting of the Board of Ethics of the City of Chula Vista was called to
order at 5:15 p.m.
2. ROLL CALL
Secretary Cornejo called the roll.
3. SPECIAL ORDERS
3.1 Welcome Newly Appointed Board Member Hurst and Board Member
Introductions
Board Members introduced themselves and welcomed Board Member
Hurst.
4. PUBLIC COMMENTS
Public Comment: John Moot, Chula Vista, emailed in support of setting up a
meeting with the Charter Review Commission.
Page 21 of 23
City of Chula Vista Board of Ethics
April 17, 2024 Agenda
2
Public Comment: Robert Johnson, Chula Vista, spoke in support of our public
comment system.
Public Comment: Robert Johnson, Chula Vista, emailed in support of our public
comment system.
Public Comment: Robert Johnson, Chula Vista, emailed in support of our public
comment system.
5. ACTION ITEMS
5.1 Approval of August 16, 2023 Meeting Minutes
Moved by William Gersten
Seconded by Alexia Velissaropoulos
Minutes approved.
Result: Carried (5 to 0)
5.2 Selection of Chair and Vice Chair for Fiscal Year 2023 - 2024
Moved by William Gersten
Seconded by Jose Torres
Motion to nominate Board Member Isidro Barragan as Chair and Board
Member Leslie Hurst as Vice Chair for fiscal year 2023-2024.
Result: Carried (5 to 0)
5.3 Update Discussion and Action to Appoint a Board of Ethics Member
and Alternate Board of Ethics Member to Serve on an Interview Panel
for Current Vacancies on the Board of Ethics
Moved by Jose Torres
Seconded by Member Barragan
Motion to appoint Board Member Torres to serve and Board Member
William Gersten to be an alternate on the Board of Ethics interview panel.
Result: Carried (5 to 0)
Page 22 of 23
City of Chula Vista Board of Ethics
April 17, 2024 Agenda
3
5.4 Continued Discussion and Possible Action on Board of Ethics Work
Plan for Fiscal Year 2023 - 2024
Board Members updated newly appointed Board Member Hurst on ad -hoc
subcommittee work plan for each group.
Board Member Hurst was added to ad-hoc subcommittee group A and
group B.
OTHER BUSINESS
6. STAFF COMMENTS
Assistant City Attorney McClurg provided an overview of respective complaint
outcomes.
Discussion by the Board Members.
7. CHAIR'S COMMENTS
Chair Isidro Barragan stated it was nice to be back, wished everyone a Happy
New Year and welcomed Board Member Hurst.
8. BOARD MEMBERS' COMMENTS
No comments.
9. ADJOURNMENT
The meeting was adjourned at 6:58 p.m.
Minutes prepared by: Doris Cornejo, Secretary
_________________________
Doris Cornejo, Secretary
Page 23 of 23
City of Chula Vista Board of Ethics
April 17, 2024 Agenda
From:Robert
To:CityClerk; CityAttorney; John McCann; Jose Preciado; Board of Ethics
Subject:AUDIT 4.15.24
Date:Monday, April 15, 2024 5:55:13 PM
Attachments:image.png
WARNING - This email originated from outside the City of Chula Vista. Do not click any
links and do not open attachments unless you can confirm the sender.
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BUTTON or to reportphishing@chulavistaca.gov
NO LINKS 4 months in.. you arent fixing it your choosing to cause damages.
THIS IS ALL EVIDENCE.
From:donotreply@escribemeetings.com on behalf of donotreply
To:Doris Cornejo
Subject:Public Comment Received
Date:Monday, April 15, 2024 6:42:03 PM
You don't often get email from donotreply@escribemeetings.com. Learn why this is important
WARNING - This email originated from outside the City of Chula Vista. Do not click any
links and do not open attachments unless you can confirm the sender.
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BUTTON or to reportphishing@chulavistaca.gov
User Robert Johnson has enter the following comment(s):
THERE IS NO INFORMATION TO MAKE A PUBLIC COMMENT ON 4.15.24 AUDIT
for Continued Discussion and Possible Action on Board of Ethics Work Plan for Fiscal Year
2023 - 2024 in Board of Ethics Regular Meeting 4/17/2024 5:15:00 PM
Please log into eSCRIBE to review the submitted comment(s).
From:Robert
To:Board of Ethics
Subject:Re: AUDIT 4.15.24 : PUBLIC COMMENT.
Date:Monday, April 15, 2024 6:53:26 PM
Attachments:image.png
image.png
image.png
image.png
image.png
image.png
image.png
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and do not open attachments unless you can confirm the sender.
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BUTTON or to reportphishing@chulavistaca.gov
one more thing in the scope of work they changed this under they never mention ecomment.
BREACH OF CONTRACT THEY NEVER MENTIONED CHANGING TIMES FOR E
COMMENT JUST IN PERSON COMMENTS.
On Mon, Apr 15, 2024 at 6:51 PM Robert > wrote:
if you do the math that day you could comment till 1pm for the first meeting and noon for the
regular meeting hence why i say the are preventing comments
when it was till the item closes and yes i have examples of the boards that use that still
i can keep pulling them
On Mon, Apr 15, 2024 at 6:45 PM Robert > wrote:
On Mon, Apr 15, 2024 at 6:44 PM Robert wrote:
correction they added 12 noon but i will show that they didnt change this for every meeting
On Mon, Apr 15, 2024 at 6:43 PM Robert wrote:
example of another board no changes.
On Mon, Apr 15, 2024 at 6:40 PM Robert wrote:
look they wont even show us the item changes.
On Mon, Apr 15, 2024 at 6:39 PM Robert wrote:
THEY COMMIT TO CHANGING POLICY YET POLICY NEVER GET APPLIED
EQUALLY
public comment for REG city meetings end at 12 noon to prevent new comers from
commenting online.
they dont change the rules here but on othere board they have made changes i keep
hearing we are working on it and the vendor is changing it.
yet i know all of this to be lies. or why did the choose to silence the people who
show at city meetings. i have tons of examples and would hope this board would look
into my AUDIT email sent to city CLERK and city ATTORNEY
if i need to i will file complaints on each staff who isnt doing their job.
in fact i know the city has had several FORMAL notices sent in the last 3 months.
FOR BROWN ACT VIOLATIONS
i have yet to see a complete change for being transparent
i should show you some of the foia i made and the lack of transparency in the city
staff with the public. in fact i made a video about it.
LINK
https://rumble.com/v4kxhit-chula-vista-live-data-audit-cali-part-1-3.21.24-jdata-
clip13.html
i would recommend you tell staff to get the calendar events with link completed or a
complaint will be made on them.
3 months of doing this and they know they choose not to do the work.
i hope this board can understand the importance of being transparent.
On Mon, Apr 15, 2024 at 5:55 PM Robert wrote:
---------- Forwarded message ---------
From: Robert >
Date: Mon, Apr 15, 2024 at 5:54 PM
Subject: AUDIT 4.15.24
To: CityClerk <cityclerk@chulavistaca.gov>, <CityAttorney@chulavistaca.gov>,
Mayor John McCann <jmccann@chulavistaca.gov>,
<jpreciado@chulavistaca.gov>, <BOE@chulavistaca.gov>
NO LINKS 4 months in.. you arent fixing it your choosing to cause damages.
THIS IS ALL EVIDENCE.
From:donotreply@escribemeetings.com on behalf of donotreply
To:Doris Cornejo
Subject:Public Comment Received
Date:Monday, April 15, 2024 6:28:34 PM
You don't often get email from donotreply@escribemeetings.com. Learn why this is important
WARNING - This email originated from outside the City of Chula Vista. Do not click any
links and do not open attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT
BUTTON or to reportphishing@chulavistaca.gov
User Robert Johnson has enter the following comment(s):
many boards have new members yet no brown act training is set.. i have many questions..
hope this leads to this board askin more questions of staff they do get paid for non work at this
point.
for Presentation by Assistant City Attorney Megan McClurg Regarding Roles and Functions
of the Board of Ethics in Board of Ethics Regular Meeting 4/17/2024 5:15:00 PM
Please log into eSCRIBE to review the submitted comment(s).
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