HomeMy WebLinkAbout2023-09-20 VAC Agenda Packet
Regular Meeting of the Veterans Advsisory Commission
Date:Wednesday, September 20, 2023
Time:6:00 p.m.
Location:City Hall, Bldg. #C, Conference Room B-111
276 Fourth Avenue, Chula Vista
Welcome to your Veterans Advisory Commission Meeting
Public Comments: Public comments may be submitted to the Veterans Advisory Commission in
the following ways:
In-Person comments during the meeting. Join us for the Veterans Advisory Commission
meeting at the time and location specified on this agenda to make your comments. Please
visit www.chulavistaca.gov/boardmeetings for current mask requirements and other safety
protocols.
•
Submit an eComment. Visit www.chulavistaca.gov/boardmeetings, locate this meeting
and click on the comment bubble icon. Click on the item you wish to comment on, and
then click on "Leave Comment." The commenting period will close one hour before the
meeting. All comments will be made available to the Commission and the public.
•
Mail or email comments. Submit comments via email to VAC@chulavistaca.gov or by mail
to Veterans Advisory Commission, 276 Fourth Ave, Chula Vista, CA 91910. Please send
comments early; written comments received within one hour of the meeting may not be
distributed until the following day.
•
Accessibility: Individuals with disabilities are invited to request modifications or accommodations in
order to access and/or participate in a Veterans Advisory Commission meeting by commission
staff at VAC@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
Commissioners Akana, Balolong, Martinez, Pine, Williams, Castro
3.PUBLIC COMMENTS
Persons may address the Commission on any subject matter within the
Commission’s jurisdiction that is not listed as an item on the agenda. State law
generally prohibits the Commission from discussing or taking action on any
issue not included on the agenda, but, if appropriate, the Commission may
schedule the topic for future discussion or refer the matter to staff. If you wish to
speak on any item, please fill out a "Request to Speak" form and submit it to the
Secretary prior to the meeting or submit an electronic comment per the
instructions on page one of this agenda.
4.PRESENTATIONS
The following item(s) will be presentations given to the Commission. Action on
these item(s) is typically limited to the Commission receiving the presentation
and providing direction or feedback to staff, as appropriate. If you wish to speak
on any item, please fill out a "Request to Speak" form and submit it to the
Secretary prior to the meeting or submit an electronic comment per the
instructions on page one of this agenda.
4.1 Veterans Advisory Commission's Role, Duties, and Procedures 4
Presenters: Kerry K. Bigelow, MMC, City Clerk and Megan McClurg,
Assistant City Attorney
5.ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by
the Commission and are expected to elicit discussion and deliberation. If you
wish to speak on any item, please fill out a "Request to Speak" form and submit
it to the Secretary prior to the meeting or submit an electronic comment per the
instructions on page one of this agenda.
5.1 Selection of Veteran of the Year
Commission to review and select Veteran of the Year.
OTHER BUSINESS
6.STAFF COMMENTS
7.CHAIR'S COMMENTS
8.COMMISSIONERS' COMMENTS
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9.ADJOURNMENT
to the regular meeting on October 18, 2023 at 6:00 p.m.
Materials provided to the Veterans Advisory Commission related to any open-
session item on this agenda are available for public review, please contact the
Fire Department at VAC@chulavistaca.gov.
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2.25.010
2.25.020
2.25.030
2.25.035
2.25.040
2.25.050
2.25.052
2.25.055
2.25.060
2.25.070
2.25.080
2.25.085
2.25.090
2.25.100
2.25.105
2.25.110
2.25.120
2.25.130
2.25.140
2.25.150
2.25.160
2.25.170
2.25.180
2.25.190
2.25.200
2.25.205
2.25.210
2.25.220
2.25.230
2.25.240
2.25.250
Chapter 2.25
GENERAL RULES FOR BOARDS AND COMMISSIONS
Sections:
Applicability.
Definitions.
Membership – Qualifications and eligibility.
Membership – Changes to seat qualifications.
Repealed.
Membership – Applications and appointments – General.
Membership – Appointment processes.
Membership – Reappointment process.
Membership – Oath of office – Effective date of taking office.
Repealed.
Membership – Terms – Standard term of office – Holdover office.
Emergency operations.
Repealed.
Membership – Terms – Filling unexpired terms.
Membership – Vacancies.
Attendance requirements – Excused absences.
Attendance and training reports required annually.
Code of ethics.
Compensation and expenses – Use of business cards.
Conflicts of interest – Recusal from discussion and voting.
Mandatory training sessions.
Operations – Bylaws may be adopted.
Operations – Election of chair and vice chair.
Operations – Duties of chair, vice chair and chair pro tem.
Operations – Regular meetings required – Special meetings allowed – Time and
location to be established by resolution – Brown Act requirements.
Operations – Conduct of meetings.
Operations – Agenda preparation and distribution.
Operations – Meeting cancellation – Notice required.
Operations – Minutes required – Form and content.
Operations – Quorum and voting requirements.
Operations – Appointment of subcommittees.
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2.25.260
2.25.270
2.25.280
2.25.290
2.25.300
Operations – Staff support.
Operations – Gifts, grants and contracts – Council approval required.
Operations – Annual activity report required – Other reports and
recommendations – Individual communications by members.
Repealed.
Repealed.
2.25.010 Applicability.
Unless otherwise specially stated in this chapter or in the ordinance or Charter provision creating the particular
board or commission, this chapter applies to all boards and commissions, whether created by City Charter,
ordinance, state or other law. If there is a conflict between the Charter and the Municipal Code, Charter provisions
shall prevail. (Ord. 3251 § 1, 2013; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.020 Definitions.
For purposes of this chapter, the following words are defined:
“Board” and “Commission” includes boards, commissions, and committees established by the Chula Vista Charter
or ordinance.
“Brown Act” means the Ralph M. Brown Act, Government Code Section 54950 et seq., commonly referred to as the
Brown Act or the California Open Meeting Law.
“Entire Voting Membership” or “Entire Membership” means those individuals who have been appointed to, have
been sworn in to serve on, have not been removed from, have not vacated their seat on, and who are eligible and
entitled to vote as Members of a Board or Commission. It does not include Ex Officio Members or Youth Advisory
Members and does not include any seat specified in the Charter provision or ordinance creating the Board or
Commission that is unfilled due to a vacancy, pursuant to CVMC 2.25.105. Notwithstanding the foregoing, at least
one-half of the voting seats specified in the Charter provision or ordinance creating the Board or Commission
must be filled in order for the Board or Commission to act. For example, if a seven-Member board has two
vacancies, the remaining five voting members constitute the “Entire Membership.” Accordingly, an action that
requires a majority vote could be taken if at least three of the voting board members vote in its favor. The City
Council intends that this definition clarify the term “Entire Membership” as used in Section 603 of the City Charter.
“Ex Officio Members” means the individuals who are appointed by the City Council to serve in an advisory capacity
on a Board or Commission, but who are not entitled to vote or to make motions. “Ex Officio Members” do not
include City staff who provide information to or sit with a board or commission.
“Interview” means the process by which applicants are given an opportunity to present themselves to the City
Council, or other interview panel, and the City Council or other panel questions and evaluates the applicants.
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Should an applicant be unable to attend an interview, the Council or panel may elect to consider a letter of interest
or interview by other means, such as telephone or video conference, in lieu of an in-person meeting.
“Member” means an individual who has been appointed to, has been sworn in to serve on, has not been removed
from, and who has not vacated his or her seat on a Board or Commission. “Members” includes Voting Members,
Ex Officio Members, and Youth Advisory Members.
“Registered Voter” means an individual who is registered to vote in City of Chula Vista elections.
“Voting Member” means an individual appointed by the City Council who is entitled to vote and make motions in
his or her capacity as a member of a Board or Commission.
“Youth Advisory Member” means the individuals who meet the qualifications specified in CVMC 2.25.030(E) and are
appointed by the City Council to serve in an advisory capacity on a Board or Commission. Youth Advisory
Members are not entitled to make motions or vote but may offer an advisory opinion on matters considered by
the Board or Commission. (Ord. 3539 § 1(A), 2022; Ord. 3490 § 1, 2020; Ord. 3435 § 1, 2018; Ord. 3380 § 1, 2016;
Ord. 3268 § 3, 2013; Ord. 3251 § 1, 2013; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.030 Membership – Qualifications and eligibility.
Member qualifications and eligibility shall be in accordance with Chula Vista Charter Section 602 and this section:
A. An individual is eligible to serve on only one Board or Commission at a time, unless the Member is filling a
seat on another Board or Commission that was specifically created to represent the Board or Commission to
which he or she was originally appointed.
B. A paid officer or employee of the City is not eligible to be appointed to or to serve on a Board or Commission.
C. A Member is ineligible to be appointed to another Board or Commission during the first 12 months of his or
her term; this prohibition does not apply to appointments to serve as a representative Member on another Board
or Commission, pursuant to subsection (A) of this section, or to appointments of Members to another Board or
Commission when their original Board or Commission was disbanded within the first 12 months of their term.
D. The City Council may appoint Ex Officio Members to any Board or Commission because of particular
background or experience that the City Council deems will assist a particular Board or Commission in handling a
discrete set of issues. Ex Officio Members are not required to be Registered Voters and are subject to term limits
as described in the Charter and CVMC 2.25.080 and 2.25.100. Ex Officio Members are not entitled to vote or to
make motions.
E. E. The City Council may appoint Youth Advisory Members to Boards and Commissions as those seats are
provided for in the Membership section of individual board and Commission chapters in this Code. Youth Advisory
Members shall be between the ages of 16 and 22 years old at the time of their appointment, and are not required
to be Registered Voters, but shall be a resident in the City and maintain that status throughout their tenure. Youth
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Advisory Members are subject to term limits as described in CVMC 2.25.080 and 2.25.100. (Ord. 3539 § 1(A), 2022;
Ord. 3435 § 1, 2018; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.035 Membership – Changes to seat qualifications.
A. If changes are made to the qualifications for one or more seats on a board or commission, including
redistricting having occurred, seats being changed from at-large to district-based, qualifications being changed for
a seat, or a similar event, the City Clerk shall recommend to the City Council for approval the assignments of the
seated members to the seats, with the intent of reducing disruption to the board or commission, to the extent
possible.
B. When a member is reassigned, the member shall retain the term dates they were originally assigned.
Reassigning a seat shall not extend a term or allow a member to serve more consecutive terms than the member
would otherwise be entitled to serve.
C. Notwithstanding subsection (A) of this section, if a member does not qualify under the new requirements for
the seat to which the member has been assigned, the member nonetheless shall be entitled to serve out the
remainder of the member’s term, with a qualified replacement to be appointed and seated for the succeeding
term. (Ord. 3490 § 1, 2020).
2.25.040 Membership – Qualifications and eligibility as ex officio member.
Repealed by Ord. 3435, 2018.
2.25.050 Membership – Applications and appointments – General.
A. The City Clerk shall maintain applications for prospective membership on Boards and Commissions for a
period of one year from the date of application. The application shall provide a place for an individual to state the
reasons he or she seeks appointment to a particular Board or Commission and his or her qualifications for service
on a particular Board or Commission.
B. An individual who has submitted an application for appointment as a Voting Member, Ex Officio Member, or
Youth Advisory Member of any Board or Commission may be interviewed as part of the nomination and selection
process.
C. If a vacancy occurs on any Board or Commission within one year of interviews being conducted for that Board
or Commission, interviews are not required if all of the following criteria are met: (1) the vacancy was properly
noticed and new applications solicited; (2) no new, qualified applications were received; (3) one or more qualified
applicants from the original interviews remain eligible and interested in being appointed; and (4) the appointment
process for the Board or Commission does not specifically prohibit this subsection.
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D. Members of each board and commission shall be appointed by at least three affirmative votes of the City
Council. (Ord. 3539 § 1(A), 2022; Ord. 3490 § 1, 2020; Ord. 3449 § 1, 2019; Ord. 3435 § 1, 2018; Ord. 3393 § 1, 2016;
Ord. 3370 § 2, 2016; Ord. 3253 § 1, 2013; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.052 Membership – Appointment processes.
Processes described in this section apply to seats on one or more boards or commissions, as indicated in the
board or commission chapter within this code. If no appointment process is specified for a board or commission,
the general appointment process in subsection (A) of this section will apply.
A. General Appointment Process. When a vacancy occurs, the City Clerk shall forward applications received for the
vacant position to the Mayor, who shall review the forwarded applications, select applicants to be interviewed,
interview selected applicants, and make nominations for appointment, subject to the City Council’s approval.
B. Full Council Interview Appointment Process. When a vacancy occurs, members shall be appointed in accordance
with Chapter 2.53 CVMC.
C. District Based Appointment Process. Seats on applicable boards and commissions for which this process applies
are tied to a particular Council district seat. When a vacancy occurs, the City Clerk shall forward applications to the
Councilmember filling the corresponding district seat. The Councilmember shall review the applications, select
applicants to be interviewed, interview selected applicants, and make nominations for appointment, subject to the
City Council’s approval.
D. Designated Member Appointment Process.
1. When a vacancy occurs, designated members shall be selected for nomination by the Nominating
Authorities specified in the applicable Commission section in accordance with policies and procedures that
each Nominating Authority establishes for itself. Up to three nominees may be presented for consideration. If
any of the listed Nominating Authorities decline to exercise their nominating authority in a timely fashion, or
if any ceases to function or exist, that party’s nominating authority shall pass to a substantially similar
organization selected by the City Council.
2. Nominating Authorities shall submit the names and contact information for their nominee(s)
(“Designated Nominees”) to the City Clerk on a form prescribed by the City Clerk. The City Clerk shall provide
the Designated Nominees with instructions to complete and submit applications to the City Clerk within a
specified time period. Completed applications timely received by the City Clerk shall be forwarded to the
Mayor.
3. The Mayor shall interview all Designated Nominees who timely completed applications, and make
nominations for appointment, subject to the City Council’s approval.
4. If a Nominating Authority presents the Mayor with two or three nominees for consideration, and those
nominees properly apply, the Mayor shall make the nomination by choosing among the two or three
nominees presented. If a Nominating Authority presents the Mayor with only one nominee, the Mayor may
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reject such nomination and request an alternative submittal. Once rejected, a nominee may not be
resubmitted for the term at issue, but may be submitted for consideration for future terms.
E. Administration. The City Clerk shall administer the appointment processes set forth above, including the
development and publication of all necessary forms. The City Clerk shall have the authority to develop additional
administrative policies and procedures to the extent necessary to implement the terms of this chapter and other
chapters within this code related to board and commission appointments. (Ord. 3490 § 1, 2020).
2.25.055 Membership – Reappointment process.
A. In the year of the expiration of a member’s term, unless otherwise requested by the nominating authority for
the particular board or commission seat, the City Clerk shall schedule the reappointments for eligible and
interested members at a meeting of the City Council in July, or as soon as practicable thereafter, for all boards and
commissions.
B. Prior to reappointment, if a majority of the City Council so desires, the Mayor and City Council may interview
members who are interested in and eligible to be reappointed, whose seats would be otherwise be appointed
using the full Council interview appointment process described in CVMC 2.25.052(B).
Following the interviews, the Mayor and City Council shall vote whether or not to reappoint the incumbents.
C. Regardless of the applicable reappointment process, each member of a board or commission shall be
reappointed by at least three affirmative votes of the City Council. When an incumbent is not reappointed, the seat
shall be filled using the applicable appointment process. (Ord. 3490 § 1, 2020; Ord. 3435 § 1, 2018; Ord. 3366 § 1,
2016).
2.25.060 Membership – Oath of office – Effective date of taking office.
The City Clerk or his or her designee shall administer the oath of office to newly appointed Voting Members, Ex
Officio Members, and Youth Advisory Members. Newly appointed Members must take the oath of office before
they may participate or vote as a Member of the Board or Commission to which they have been appointed.
Members assume their office on the date they take the oath of office. (Ord. 3539 § 1(A), 2022; Ord. 3213 § 1, 2011;
Ord. 3111 § 1, 2008).
2.25.070 Membership – Terms – Initial terms for new boards and
commissions.
Repealed by Ord. 3435, 2018.
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2.25.080 Membership – Terms – Standard term of office – Holdover office.
A. The standard term of office for Board and Commission Members, other than Youth Advisory Members, is four
years. The standard term begins July 1st and ends June 30th four years later.
B. The standard term of office for Youth Advisory Members is two years. The standard term begins July 1st and
ends June 30th two years later.
C. At the end of any Member’s term, they shall be permitted to continue to exercise the privileges of their
former office until the office is filled by the appointment of a qualified successor. (Ord. 3539 § 1(A), 2022; Ord.
3435 § 1, 2018; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.085 Emergency operations.
During a period of public emergency, as declared in a proclamation of a local emergency, requirements related to
boards and commissions described in this code, including frequency of meetings and specified activity deadlines,
may be temporarily revised or suspended in the discretion of the City Manager, after consultation with the City
Attorney and City Clerk. (Ord. 3490 § 1, 2020).
2.25.090 Membership – Terms – Two-consecutive-term limit for voting and
ex officio members – Exceptions.
Repealed by Ord. 3435, 2018.
2.25.100 Membership – Terms – Filling unexpired terms.
A. Voting Member and Ex Officio Member terms shall be in accordance with Chula Vista Charter Section 602 and
this subsection A:
1. 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 or a Youth Advisory Member of a 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 or Youth Advisory Member meets the eligibility criteria for voting
membership. The appointment process shall be the same as provided for in the applicable membership
section for the Board or Commission.
2. For purposes of determining whether the unexpired term of a vacated seat is less than, more than, or
equals two years, the starting date of the unexpired term shall be the date the new appointee takes the oath
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of office, and the end date of the unexpired term shall be the expiration date of the vacating Member’s term
of office.
B. Youth Advisory Member terms shall be in accordance with this subsection:
1. Youth Advisory Members shall be limited to a maximum of two consecutive terms; provided, further, that
for the purpose of this section, an appointment to fill an initial term or an unexpired term of less than one
year in duration shall not be considered as a term; however, any appointment to fill an initial term or an
unexpired term in excess of one year shall be considered to be a full term.
2. For purposes of determining whether the unexpired term of a vacated seat is less than, more than, or
equal to one year, the starting date of the unexpired term shall be the date the new appointee takes the oath
of office, and the end date of the unexpired term shall be the expiration date of the vacating Member’s term
of office. (Ord. 3539 § 1(A), 2022; Ord. 3490 § 1, 2020; Ord. 3435 § 1, 2018; Ord. 3213 § 1, 2011; Ord. 3111 § 1,
2008).
2.25.105 Membership – Vacancies.
A. Vacancies Mandated by the City Charter. If the City Clerk determines that a vacancy has occurred pursuant to
Charter Section 602(c), the Clerk shall agendize the matter for City Council action. 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. The vacancy shall be effective on the date the Council
declares the office vacant.
B. City Employee. If a member becomes a paid employee of the City, the member’s status as a board or
commission member shall automatically terminate. The effective date of vacancy shall be the date of hire.
C. Member No Longer Qualified. 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
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. The vacancy shall be effective on the date
the Council declares the office vacant.
D. Removal for Cause.
1. A member may be removed for cause by three affirmative votes of the City Council.
2. A member may be removed for cause 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;
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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.
3. The Mayor shall monitor attendance and training records submitted pursuant to CVMC 2.25.120 and
reports of situations described in subsections (D)(2)(b) through (D)(2)(d) of this section. The subcommittee
may make recommendations to the full Council for a vote on the removal of a member for cause.
4. After consultation with the staff liaison for the subject Board or Commission, the nominating authority
for the subject Board or Commission position (if any), the City Clerk and the City Attorney, if the Mayor finds
removal of a member for cause is warranted, the Mayor make recommendations to the full Council for a vote
on the removal of such member for cause.
5. Prior to the Mayor making a recommendation to the full Council for a vote on the removal of a member
for cause, the member shall be notified and provided a reasonable opportunity to submit an explanation for
the Mayor and Council’s consideration.
6. Should the Council vote affirmatively to remove the member for cause, the vacancy shall be effective on
the date of the Council’s action.
E. Resignation. A member may resign by providing notice to the Chair, City staff, or the City Clerk. The resignation
shall be effective on the date provided by the member, or, if no such date was provided, on the date the notice
was given. (Ord. 3494 § 1, 2020; Ord. 3435 § 1, 2018).
2.25.110 Attendance requirements – Excused absences.
A. 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.
B. 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.
C. 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;
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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.
D. Members shall vote on excusing a member’s absence from a regular meeting. The vote shall be reflected in
the official minutes for the meeting at which the vote was taken. A member may vote to excuse his or her own
absence.
E. 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. The City Clerk shall proceed according to CVMC 2.25.105(A). (Ord.
3435 § 1, 2018; Ord. 3306 § 1, 2014; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.120 Attendance and training reports required annually.
The secretary for each board and commission shall prepare an annual written report of attendance on a form
developed by the City Clerk, which includes the percentages of absences of members for both regular and special
meetings during the preceding fiscal year, the total number of meetings held by the board or commission, the
number of meetings missed by each member for the preceding fiscal year, and each member’s compliance with
mandatory training as required by CVMC 2.25.160. The report shall be delivered to the City Clerk no later than June
30th of each year. The City Clerk shall forward the report to the Mayor and City Councilmembers. (Ord. 3435 § 1,
2018; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.130 Code of ethics.
Voting Members, Ex Officio Members, and Youth Advisory 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 Chapter 2.01 CVMC. 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. (Ord. 3539 § 1(A), 2022; Ord. 3213
§ 1, 2011; Ord. 3111 § 1, 2008).
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2.25.140 Compensation and expenses – Use of business cards.
A. Members of boards and commissions shall serve without compensation for their services.
B. 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 provided by the City
Council in approving the board or commission’s budget.
C. Members of boards and commissions are authorized to use business cards showing their affiliation with their
particular board or commission only if:
1. Business cards are used in relation to the duties and functions of the particular board or commission;
2. City funds are used to pay for the business cards; and
3. Appropriations for such expenses have been provided by the City Council in approving the budget for
the particular board or commission. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.150 Conflicts of interest – Recusal from discussion and voting.
A. Voting Members, Ex Officio Members, and Youth Advisory Members who are 18 years of age or older of
certain Boards and Commissions may be required to file statements of economic interest as determined in the
City’s conflict of interest code. The City Clerk will notify Members who are required to file the statements.
B. 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.
C. 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. (Ord. 3539 § 1(A), 2022; Ord. 3213
§ 1, 2011; Ord. 3111 § 1, 2008).
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2.25.160 Mandatory training sessions.
A. Board and commission members are required to attend periodic training sessions on ethics laws as specified
in California Government Code Section 53234 et seq. A member’s failure to comply with this training requirement
may be a cause for removal from office, pursuant to CVMC 2.25.105.
B. 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.
C. The secretary of each board or commission shall be responsible for notifying members in writing of dates,
times and locations of training sessions. (Ord. 3435 § 1, 2018; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.170 Operations – Bylaws may be adopted.
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. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.180 Operations – Election of chair and vice chair.
At the first regular board or commission meeting following July 1st of every year, or as soon as practicable
thereafter, each board or commission shall elect a chair from among its voting members. Each board and
commission may also elect a vice chair from among its voting members. The chair and any vice chair thus selected
shall serve for a period of one year. The secretary shall notify the City Clerk whenever there is a change in chair or
vice chair. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.190 Operations – Duties of chair, vice chair and chair pro tem.
The chair shall serve as presiding officer at meetings. In the absence of the chair, the vice chair, if any, shall serve
as presiding officer. In the absence of the chair and the vice chair, if any, the secretary shall call the meeting to
order, and the voting members shall select a chair pro tem from any of the board or commission’s voting
members for purposes of conducting business at that meeting. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
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2.25.200 Operations – Regular meetings required – Special meetings
allowed – Time and location to be established by resolution –
Brown Act requirements.
A. Each board or commission shall establish the day, time and location for its regular meetings by written
resolution, so long as such meetings comply with state and local laws, including applicable provisions of the
Municipal Code. A board or commission may change its regular meeting day, time or location only by a written
resolution.
B. When the day for any regular meeting of a board or commission falls on a City holiday, no meeting shall be
held on such holiday.
C. In addition to regular meetings, boards and commissions are authorized to call and hold any special meetings
they deem necessary.
D. 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, as long as meetings are
properly noticed and held in accordance with state and local laws.
E. All board and commission meetings shall be noticed and held in accordance with the requirements of the
Brown Act. (Ord. 3490 § 1, 2020; Ord. 3435 § 1, 2018; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.205 Operations – Conduct of meetings.
Pursuant to City Charter Section 603, board and commission meetings shall be open to the public. The rules
applicable to City Council meetings regarding oral communications, addressing members, presiding officer powers
and duties, and decorum and order, set forth in CVMC 2.04.130, 2.04.170, 2.04.210, 2.04.320, 2.04.330, and
2.04.340, shall apply to board and commission meetings. In applying those code provisions to board and
commission meetings, the terms “City Council,” “City Clerk,” “Council meeting,” and “Councilmember” shall be
replaced with “board or commission,” “board or commission secretary,” “board or commission meeting,” and
“board or commission member,” respectively. (Ord. 3251 § 1, 2013).
2.25.210 Operations – Agenda preparation and distribution.
A. Agendas must be prepared, distributed and posted for all meetings in accordance with Brown Act
requirements.
B. Items may be placed on the agenda by the chair, by majority vote of the members, or by City staff. The
secretary for each board or commission shall prepare meeting agendas in consultation with the chair.
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C. The board or commission secretary shall forward agendas to the Mayor, City Council, and City staff
designated to assist a particular board or commission. (Ord. 3435 § 1, 2018; Ord. 3213 § 1, 2011; Ord. 3111 § 1,
2008).
2.25.220 Operations – Meeting cancellation – Notice required.
A. A meeting may be cancelled because of a lack of a quorum of voting members or the lack of agenda items.
B. If the board or commission secretary has advance notice that a meeting will not be held, the secretary shall
post a notice of cancellation in lieu of posting or mailing an agenda for the meeting.
C. If a quorum of voting members cannot be assembled on the date and at the time a meeting is 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. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.230 Operations – Minutes required – Form and content.
A. The board or commission secretary shall prepare minutes for all meetings. The secretary shall present the
minutes at a subsequent meeting for approval by the board or commission members. The secretary shall transmit
the original minutes to the City Clerk for permanent preservation immediately after the board or commission has
approved the minutes. The secretary shall transmit copies of minutes of all meetings to the City Council within 10
days of approval.
B. Minutes shall contain a record of each particular type of business transacted, set off in paragraphs with
proper subheadings. The secretary shall be required to make a record only of the business actually passed upon
by a vote of the board or commission members and shall not be required to make a verbatim transcript of the
proceedings. A record shall be made of the name and city of residence of persons addressing the board or
commission, the title of the subject to which their remarks related, and whether they spoke in support of or in
opposition to the matter. (Ord. 3435 § 1, 2018; Ord. 3422 § 1, 2018; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.240 Operations – Quorum and voting requirements.
Unless otherwise required by state law or this chapter, the affirmative vote of a majority of the entire voting
membership of any board or commission shall be necessary for it to take any action except to adjourn. This
provision is intended to meet the requirements of City Charter Section 603. (Ord. 3213 § 1, 2011; Ord. 3111 § 1,
2008).
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2.25.250 Operations – Appointment of subcommittees.
A. 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.
B. 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 such board or commission. (Ord.
3435 § 1, 2018; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.260 Operations – Staff support.
A. Pursuant to City Charter Section 603, the City Manager shall appoint a staff person to serve as secretary to
each board and commission. In addition to other duties specified in this chapter, the secretary is responsible for
finalizing resolutions and performing other administrative duties, as necessary.
B. 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.
C. Staff persons assigned to assist Boards and Commissions shall not be considered Voting Members, Ex Officio
Members, or Youth Advisory Members of those Boards and Commissions. (Ord. 3539 § 1(A), 2022; Ord. 3435 § 1,
2018; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.270 Operations – Gifts, grants and contracts – Council approval
required.
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 any contract or other agreement without
first obtaining authority from the City Council to do so. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.280 Operations – Annual activity report required – Other reports and
recommendations – Individual communications by members.
A. By June 30th of every year, each board and commission shall prepare and submit to the City Clerk a written
report of its activities during the previous fiscal year. The City Clerk shall forward copies of each report to the City
Council. The annual report shall also contain other specific information or findings required by the ordinance
creating a particular board or commission.
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The Chula Vista Municipal Code is current through Ordinance 3550, passed June 6, 2023.
Disclaimer: The City Clerk’s Office has the official version of the Chula Vista Municipal Code. Users should contact
the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.
To be notified when additions, amendments, or revisions are made to the code, send your e-mail address to (be
sure to add "Chula Vista Municipal Code" in the subject line) CPC@codepublishing.com.
City Website: www.chulavistaca.gov
Hosted by Code Publishing Company, A General Code Company.
B. In addition to the annual report, a board or commission may make other reports to the City Council, either
orally or in writing, at a public session of the City Council. Minority reports, if any, shall be submitted in writing
concurrent with the majority reports.
C. Boards and commissions shall forward proposals, suggestions, or recommendations to the City Council after
formal board or commission action has been taken, within 10 working days of the meeting at which the action was
taken. Board and commission policy positions should be formulated and stated in such a way as to ensure
understanding by the public that the stated positions are not the official policy of the City until recommended to,
and adopted by, the City Council.
D. Individual board or commission members may speak on behalf of their respective board or commission only
after a vote of the particular board or commission. Individual members making recommendations or expressing
views that have not been officially voted on by a majority of the body shall indicate that they are expressing
themselves as private citizens, not as representatives of their respective board or commission. (Ord. 3435 § 1,
2018; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.290 Vacancies – Written notification from chair required.
Repealed by Ord. 3435, 2018.
2.25.300 Vacancies – Posting required.
Repealed by Ord. 3435, 2018.
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2.39.010
2.39.020
2.39.030
2.39.040
2.39.050
Chapter 2.39
VETERANS ADVISORY COMMISSION
Sections:
Creation.
Purpose and intent.
Functions and duties.
Membership.
Meeting frequency.
2.39.010 Creation.
There is hereby created a Veterans Advisory Commission. The provisions of Article VI of the City Charter, Chapter
2.25 CVMC and this chapter shall govern this Commission. (Ord. 3211 § 13, 2011; Ord. 2593 § 1, 1994).
2.39.020 Purpose and intent.
It is the purpose and intent of the Veterans Advisory Commission to serve as a resource to provide advice and
make recommendations to the City Council and the City Manager on issues affecting veterans and on matters with
which veterans have special areas of knowledge and expertise, and to serve as a focal point for mustering various
segments of the community to provide volunteers for various community-oriented projects. (Ord. 3211 § 13, 2011;
Ord. 2593 § 1, 1994).
2.39.030 Functions and duties.
The function and duties of the Veterans Advisory Commission shall be as follows:
A. Provide advice to the City Council on matters directly relating to veterans.
B. Serve as an information resource to the City Council on matters relating to the City’s policy regarding
veterans’ entitlement programs established by federal, state, or county legislation.
C. Promote and assist the City on Veterans Day or Memorial Day observations and other City military
recognition events.
D. Encourage and promote patriotism in the City, including support as available to military services recruitment
offices.
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E. Provide a forum for discussion of issues relating to military veterans.
F. Coordinate with the City veterans’ fraternal organizations regarding resources available for mobilization in
case of a disaster or emergency, and act as liaison between the City and veterans’ fraternal organizations
regarding community programs.
G. Provide advice regarding matters of protocol with which veterans are especially familiar, such as flag
presentation, color guard procedures and other military and paramilitary procedures; and promote interest in flag
etiquette and display and represent the City in providing notices of flag use violations.
H. Coordinate individual City recognition programs for active duty military and veteran residents of the City who
have achieved significant merit.
I. Provide advice and assistance to City residents when requested regarding resources available to veterans’
spouses, and dependents.
J. Formulate and develop a recommended City position and endorsement regarding proposed legislation
affecting veterans and military personnel.
K. Attend meetings of, and report on actions affecting the City taken by, the San Diego County Veterans Advisory
Council.
L. Study future needs of veterans, including veterans’ homes and veterans’ halls.
M. Provide various analyses and reports to the City Council. (Ord. 3211 § 13, 2011; Ord. 2593 § 1, 1994).
2.39.040 Membership.
A. The Commission shall consist of seven voting members, to be appointed in accordance with Article VI of the
City Charter and Chapter 2.25 CVMC. (Ord. 3211 § 13, 2011; Ord. 2593 § 1, 1994).
2.39.050 Meeting frequency.
The Commission’s meeting schedule shall include at least one regular meeting per month, at the day, time, and
location established by written resolution of the Commission. (Ord. 3435 § 1, 2018; Ord. 3211 § 13, 2011; Ord.
2593 § 1, 1994).
Ch. 2.39 Veterans Advisory Commission | Chula Vista Municipal Code Page 2 of 3
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The Chula Vista Municipal Code is current through Ordinance 3550, passed June 6, 2023.
Disclaimer: The City Clerk’s Office has the official version of the Chula Vista Municipal Code. Users should contact
the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.
To be notified when additions, amendments, or revisions are made to the code, send your e-mail address to (be
sure to add "Chula Vista Municipal Code" in the subject line) CPC@codepublishing.com.
City Website: www.chulavistaca.gov
Hosted by Code Publishing Company, A General Code Company.
Ch. 2.39 Veterans Advisory Commission | Chula Vista Municipal Code Page 3 of 3
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Standard Work Instructions: City Clerk
5 20. Sample Word Track for Running a BC Meeting
Page 1 of 3, rev 7/17 520. Sample Word Track for Running a BC Meeting
Departments involved: City Clerk, various
Related Procedures:
SAMPLE WORD TRACK FOR RUNNING A BOARD/COMMISSION MEETING
CALL TO ORDER
Chair: “The time is XX:XX p.m. on [meeting date, e.g. January 25, 2017] and I would like to
call this meeting of the [Name of Board/Commission, e.g. Board of Ethics] to order.
“Would the secretary please call the roll?”
ROLL CALL
Secretary: Read each member’s name and allow member to state “present” for the record – e.g.
“Commissioner Smith, Commissioner Jones, etc.”
If a member is absent state, “Commissioner [Last Name] is absent.”
CONSENT CALENDAR
Chair: “The first order of business is the Consent Calendar . I don’t have a request from any
member or from the public to pull any of the items on the Consent Calendar. Are there
any questions or comments on any of the Consent Calendar items?”
If there are questions or if an item has been pulled from the Consent Calendar (e.g. question by a member,
public request to speak on a Consent item, or staff has asked that an item be pulled), announce that that item
will be removed from the Consent Calendar and heard separate ly. Proceed with vote on items that remained
ON the Consent Calendar and then hear those that were removed at the conclusion of the Consent Calendar
vote.
Chair: “Is there a motion to approve the items on the Consent Calendar?”
Member 1: “Move approval of the Consent Calendar.”
Chair: “Is there a second?”
Member 2: “Second.”
Chair: “I have a motion by [state Member 1’s name, e.g. Commissioner Smith], and second by
[state Member 2’s name, e.g. Commissioner Jones]. All in favor? ---- Any opposed?
“The Consent Calendar PASSES/FAILS [restate the vote, e.g. unanimously or with
Commissioner Smith opposed, etc.].”
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Standard Work Instructions: City Clerk
5 20. Sample Word Track for Running a BC Meeting
Page 2 of 3, rev 7/17 520. Sample Word Track for Running a BC Meeting
ITEMS REMOVED FROM THE CONSENT CALENDAR (IF ANY)
Chair: “Item ## was removed from the Consent Calendar by [name whoever requested the
item be removed, e.g. staff or Commissioner Jones].” Then refer to that individual for
questions, remarks, etc.
Entertain motion if appropriate.
PUBLIC COMMENTS
Chair: “Public Comments is the section on the agenda for members of the public to address
the board on items that are not listed on the agenda.
If there are NO speakers:
“I don’t have any requests from the public to speak.”
If there are speakers:
“Speakers will have 3 minutes [or whatever amount of time is set by the board] to address
the board on items under the board’s jurisdiction.”
ALL OTHER ITEMS
Chair: “The next item on the agenda is Item ##.”
Refer the item to staff for a report or lead discussion of the item as appropriate.
If there are any requests to speak, call speakers as appropriate after staff’s comments and
before discussion by the board/commission.
Entertain motion if appropriate.
STANDARD WORD TRACK FOR MOTIONS
Chair: “Is there a motion to approve Item ##?”
Member 1: “Move approval.”
Chair: “Is there a second?”
Member 2: “Second.”
Chair: “I have a motion by [state Member 1’s name, e.g. Commissioner Smith], and second by
[state Member 2’s name, e.g. Commissioner Jones] to [state whatever the action/motion
is, e.g. approve Item 5, or make a referral to staff to XYZ]. All in favor? ---- Any opposed?”
Chair: “The item PASSES/FAILS [restate the vote, e.g. unanimously or with Commissioner Smith
opposed, etc.].”
ADJOURNMENT
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Standard Work Instructions: City Clerk
5 20. Sample Word Track for Running a BC Meeting
Page 3 of 3, rev 7/17 520. Sample Word Track for Running a BC Meeting
Chair: “It is XX:XX p.m. and I am adjourning this meeting to [state the next meeting date, if
available; e.g. the next regular meeting of the Board of Ethics on February 1, 2017 in the
Council Chambers].”
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Request for Excused Absence Form – 6/19
REQUEST FOR EXCUSED ABSENCE
City of Chula Vista Boards, Commissions, and Committees
Name: _________________________________________________ Date of Absence: _________________________________
Board/Commission/Committee: _________________________________________________________________________________
Chula Vista Municipal Code section 2.25.110 (C) allows board/commission/committee members, by a
majority vote, to excuse a fellow board, commission, or committee member’s absence from a meeting for any
of the reasons listed below. A member who is absent from three consecutive, regular meetings will be
deemed to have vacated his or her membership, unless the member’s absence is excused by a
majority vote of the other members. An absence is only recorded as “excused” upon receipt of a member’s
request and majority vote of the board/commission/committee to excuse the absence. Accordingly, if you
have been absent from a regular meeting, please complete and submit this form to the chair or secretary.
Please indicate the reason for the absence:
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.
OR
The absence was not for any of the above-listed reasons. I understand that the absence will be recorded
as unexcused.
I certify the reason for the absence indicated above is true and correct.
Member’s Signature: __________________________________________________________ Date: _____________________________
If completed by secretary or staff to board/commission/committee:
Completed on member’s behalf by: _____________________________, per member’s Verbal Written request
on: _________________.
(date)
(secretary/liaison’s name)
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VETERANS ADVISORY COMMISSION
Role, Duties, and Procedures
September 20, 2023
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Agenda City Overview & Board/Commission/Committee
(B/C/C) Role
Duties
Processes
Meetings/Attendance
Agenda
Minutes
Conflict of Interest
Member Communications
Recommendations to Council
Brown Act
Public Records Act
2
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City
Structure
3
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Role of B/C/Cs
Study a
specific area
of concern
Advise the
City Council
DO DON'T
Ear for the City Council Make policy decisions
Forum to encourage
communication participation
early in the process
Direct budget decisions, city
operations or programs
Broad perspective on focused
topics
Direct staff
Advisory recommendations to
the City Council
Act outside of the authority
granted by City Council
SOME make binding decisions
4
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Transition to B/C/C Member
Community Advocate/ Activist
-Independent
-Advocacy
-Focused agenda
B/C/C Member
-Official City representative
-Team member
-Collaborative
-Deliberator
-Focused on overall good for
City
-Broad agenda
5
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Categories of
Member
Responsibilities
To the City Council
To the Community
To Each Other
To Staff
6
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Responsibilities
to the City
Council
Act consistently with Council
directionAct
Be familiar with Council prioritiesBe
Clearly state whether you are
speaking for the B/C/C or yourself as
an individualState
Ask staff or who nominated you for
feedback and insightAsk
Stay focused on the official role of
your B/C/CFocus
Support and promote Council
prioritiesSupport
7
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Responsibilities to the Community
Listen to and
understand
diverse interests
within the
community
1
Bring forward
ideas…but within
the scope of the
B/C/C’s role and
work plan
2
Show respect to
all who come
before the
B/C/C
3
Understand that
you are seen as
a City
representative,
not a resident or
advocate
4
Help recruit for
B/C/C
vacancies –
you’re a great
advocate!
5
8
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Responsibilities to Each Other
Be prepared for meetingsBe
Advise your secretary/staff well in advance if you will be absentAdvise
Allow others to speak without interruptingAllow
Seek to understand other points of viewSeek
Respect decisions of the majorityRespect
9
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Responsibilities
to City Staff
Teamwork
Be realistic about staff capacity
Avoid giving staff direction
Treat staff with respect and courtesy, and expect the same in
return
Resources Use staff as a resource –ask questions in advance when
possible
Chair Chair coordinates with the B/C/C staff/secretary
10
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Role of Staff Liaison & Secretary
Manages the agenda
with the Chair
•Confirms subject matter
jurisdiction of the B/C/C
•Sequences flow
•Reviews requests for items
Makes professional
recommendations Manages work plan
Provides input and
technical advice
Monitors for potential
Brown Act or other
concerns
Manages B/C/C roster
11
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Your
Webpage!
1212
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Veterans Advisory Commission’s Duties
Chula Vista Municipal Code –2.39.030 –Functions and Duties
A.Provide advice to the City Council on matters directly relating to veterans.
B.Serve as an information resource to the City Council on matters relating to the City’s policy
regarding veterans’ entitlement programs established by federal, state, or county legislation.
C.Promote and assist the City on Veterans Day or Memorial Day observations and other City
military recognition events.
D.Encourage and promote patriotism in the City, including support as available to military services recruitment offices.
E.Provide a forum for discussion of issues relating to military veterans.
F.Coordinate with the City veterans’ fraternal organizations regarding resources available for
mobilization in case of a disaster or emergency, and act as liaison between the City and veterans’
fraternal organizations regarding community programs.
G.Provide advice regarding matters of protocol with which veterans are especially familiar, such as flag presentation, color guard procedures and other military and paramilitary procedures; and promote interest in flag etiquette and display and represent the City in providing notices of flag use violations.
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Veterans Advisory Commission’s Duties
Chula Vista Municipal Code –2.39.030 –Functions and Duties
H.Coordinate individual City recognition programs for active duty military and veteran residents of the City who have achieved significant merit.
I.Provide advice and assistance to City residents when requested regarding resources available to
veterans’ spouses, and dependents.
J.Formulate and develop a recommended City position and endorsement regarding proposed
legislation affecting veterans and military personnel.
K.Attend meetings of, and report on actions affecting the City taken by, the San Diego County Veterans Advisory Council.
L.Study future needs of veterans, including veterans’ homes and veterans’ halls.
M.Provide various analyses and reports to the City Council. (Ord. 3211 §13, 2011; Ord. 2593 §1,
1994).
Generally advisory to City Council
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Regular Meetings &
Attendance
Veterans Advisory Commission meets on the
third Wednesday of each month at 5:00 p.m.
Please promptly contact the B/C/C secretary
if you will be absent
Alyssa Moreno, amoreno@chulavistaca.gov,
(619) 409-5839
Notice is important to ensure that the B/C/C
will have a quorum
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Absences
Chula Vista Municipal Code –2.25.110 –Attendance requirements –Excused Absences
An office is deemed vacated if a member has three consecutive
unexcused absences from regular meetings.
Absences may be excused for the following reasons:
Illness; business commitments; pre-planned vacation with notice;
funeral/religious services; unscheduled emergency; any other reason
where seven (7) days notice provided
The B/C/C must vote to excuse absences –a member may vote to
excuse their own absence.
Approval of excused absences must be entered into the minutes.
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FAQ -
Attendance
Q: How do I request an excused
absence?
A: Complete a “Request for
Excused Absence” form, which
you can request from your
secretary. Alternatively, you can
ask the secretary to complete the
form for you.
Important Notes:
The requests are public records,
so it’s recommended that you use
the form or provide a brief request
without personal details
It’s incumbent on each member
to request an excused absence.
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Agenda
Roadmap for what will be discussed
Only items on an agenda may be
discussed/acted upon
Items may be added by the Chair, City staff,
or by a vote of the majority
Must provide for public participation
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FAQ –Adding Agenda Items
Q: How do I get an item added to the agenda?
A: The Chair, staff, or a majority of the B/C/C can add an item to
the agenda.
Option 1:The individual can ask the Chair to consider including
the item on the next agenda. Be careful only to email the Chair
and secretary. Emailing or discussing with a majority of the
B/C/C may lead to a potential Brown Act violation.
Option 2:Individual members can request consensus under the
Member Comments section of the agenda to add an item to a
future agenda. The matter cannot be discussed at that time –
the B/C/C can only decide whether to add the item to future
agenda.
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Agenda website
www.chulavistaca.gov/boardmeetings
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Rules of
Order
Chair leads the meeting and maintains order
Majority rules
Minority has right to be heard but must
respect decision of majority
Opposition must be verbalized
When a member has the floor, do not
interrupt
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Meeting
Fundamentals
Format for
Discussing
Agenda Items
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FAQ –Meeting Procedures
Q: How do I make a motion?
A: Depending on the situation, the following are examples of
how to make a motion, after hearing public comments and
being recognized by the Chair:
“I move approval of Item 5.”
“I move to add an item to next month’s agenda to discuss XYZ.”
“I move to [insert action].”
Be sure to make your motion clear so that the public, staff, and B/C/C know
exactly what the vote pertains to. Refrain from saying “so moved” –the action
can be easily misunderstood.
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Minutes
CVMC 2.25.230 calls for the secretary to take action minutes
Action Minutes INCLUDE:
The actions (votes) that took place
at the meeting
The members who were present
and absent at the meeting
The name, city of residence, and
whether they were in support or
opposed to a particular item
Confirmation of legal processes
that were followed (e.g., if there
was a public hearing item, there
may be a statement that the
hearing was held at the time in the
public hearing notice)
Action Minutes DO NOT include
A transcript or summary of the
discussions that occurred during
the meeting
A transcript or verbatim record of
public speaker comments
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FAQ -Minutes
Q: Can the B/C/C direct the staff or secretary to produce summary
or verbatim minutes?
A: No. The form of the minutes is decided by the City Council via the
Chula Vista Municipal Code. In addition, the Charter and Municipal
Code prohibit B/C/Cs from directing the work of staff. The City Council
minutes are also prepared in the same form.
Many B/C/Cs have audio recordings of the meetings posted on their
websites, if members or residents would like to listen to the full discussion.
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Conflicts of Interest
Recusal
Types of conflicts
Financial (general, property-based, contract)
Common Law Bias
Recusal
Should recuse oneself when there is an actual conflict or
when the appearance of conflict is so great that it may taint the
process
You were placed on the B/C/C to participate -recusal should reserved
only for conflicts and not be used solely to avoid making a decision on a
matter
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RECUSAL
Steps to Follow
When a member has a conflict of interest, he or
she must:
Publicly state the nature of the conflict (e.g., “I
own property within 500 feet of the subject
project”); and
Unless the item is on the Consent Calendar, he or
she must leave the dais or table until
consideration of the item is finished.
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Tips to
Avoiding
Conflicts of
Interest
Review each agenda statement carefully.
If you are aware of any basis for a potential
conflict on any item, contact the City Attorney
in advance for advice.
Report any changes in property holdings to
the secretary.
When in doubt, don’t vote.
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To Vote or Not To Vote
If any question, seek advice from the City Attorney in advance.
Situation Good Reason
NOT to Vote?
Why?
The member owns a house
that is next door to the
project being considered.
Probably Member likely has a conflict of interest because of
the property owned within 500-1,000 feet of the
project.
The decision is very
controversial, and the
member doesn’t want to
upset anyone.
Probably Not Members are appointed to make certain decisions,
and sometimes the decisions may be
uncomfortable. Members should review the
materials thoroughly and consider all points
carefully in order to make a thoughtful decision.
Feel free to ask questions and engage in discussion
during the meeting so that you can feel confident
in your vote.
The issue being discussed
would financially benefit
the member’s business.
Probably This scenario could constitute a conflict of interest. If
you’re not sure, always ask!
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To Vote or Not To Vote
If any question, seek advice from the City Attorney in advance.
Situation Good Reason
NOT to Vote?
Why?
The item involves the
member’s own request for
an excused absence
Probably not Members can vote on their own excused absences
The member isn’t sure if
they have a conflict of
interest
Yes When in doubt, don’t vote. Always make an effort
to review materials in advance and request advice
from the City Attorney.
The item is approving
minutes from a meeting
the member was absent
Probably not There is no legal requirement that a member
abstain from voting on minutes when they were
absent. Voting to approve minutes is a ministerial
action that indicates your confidence in the
secretary’s production of accurate minutes. You
can also ask for the audio recording of a meeting
you may have missed to review the meeting.
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Member Communications
When making statements, members must ensure that:
Their comments are factual
They indicate that actions taken by the B/C/C are
recommendations, with final actions to be taken by City Council,
when appropriate
They represent themselves as private residents, unless the views
or recommendations they express have been officially voted
upon
Individual members making recommendations or expressing
views that have not been officially voted on must indicate
they are expressing themselves as private residents, not as
representatives of their B/C/C.
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FAQ –B/C/C Duties
Q: If there is a topic the B/C/C is passionate about and wants to
discuss, but it’s not part of the duties, can the B/C/C still discuss and
make recommendations on the topic?
A: No. B/C/Cs are charged with a specific scope and duties by the City
Council. If the subject matter is not within the scope of the B/C/C duties,
the B/C/C doesn’t have jurisdiction over the matter.
What you can do: pursue the matter as a private resident or include a
recommendation in your annual report to the City Council that the
topic be incorporated into your B/C/C’s duties.
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Recommendations to Council
B/C/Cs may have topics, ideas, suggestions, and requests for direction to bring forward to the City Council. These items require majority approval of
the B/C/C.
The following processes are in place to communicate with the Council:
By July 30 each year, all B/C/Cs provide an annual report to the City
Council on the previous fiscal year’s activities. B/C/C s may also make recommendations to the City Council as part of that report.
B/C/Cs may have written reports distributed to the City Council through
staff, by way of an “Informational Memorandum” to the Council, or the placement of “Written Communications” on the Council agenda.
B/C/Cs, upon affirmative vote of a majority, may add an item to the City Council agenda.
From time to time, the City Council holds joint meetings with B/C/Cs to
discuss items requiring significant discussion.
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The Ralph M.
Brown Act
Cal. Govt. Code
§§54950, et. seq.
Core Principles
Local agencies can only deliberate and take
actions at public meetings
Public must be notified in advance of all
meetings and matters to be considered
Public must be given access to information and
opportunity to provide input to decisions-makers
Exceptions are limited
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Meeting Rules
Cannot consider,discuss,deliberate or take action on
matters not on the agenda
Otherwise,only appropriate action is to refer item to staff
and/or for consideration on a future agenda
Brief response,question or statement is allowed
Very limited exceptions
When in doubt, best NOT to act and agendize for the next meeting
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What to Avoid -Serial Meetings
Hub & Spoke
Member A
Member B
Member CMember D
Daisy Chain
Member CMember BMember A
A chain of communications (via phone,
email, in person, etc.) involving contact from
Member A to Member B, who then
communicates with Member C would
constitute a serial meeting in the case of a
five-person body.
When a person acts as the hub of a wheel
(Member A) and communicates individually
with the various spokes (Members B and C)
regarding a matter under the jurisdiction of the
B/C/C a serial meeting may have occurred.
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Examples
Email between two
members regarding
their support for a
project, with copies to
two other members
One member to
another:“I’ve talked
with Member Z, and
they think. . .”
Staff tells a member
that two other
members are “on
board” with a pending
item
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Subcommittees
The Brown Act may or may not
apply to subcommittees created
by the B/C/C
Contact City Clerk or City
Attorney for direction before
forming a subcommittee
Formation of a subcommittee
must be a noticed item on a
meeting agenda before it can
be created
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Rights of the Public:
Attendance
Public must be allowed to attend, observe and speak at meetings
Cannot be required to register, or fulfill any “condition precedent” to attend; name and address can be requested, but no obligation to provide
Allowed to record the meeting with audio or video recorder; take photographs
Public may be critical of B/C/C in comments
Public may not engage in conduct that disrupts a meeting. Disruption is a very high standard and literally must be to the point where the meeting cannot go on.
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Rights of the Public: Public Comment
Regular Meeting
Agenda Items: Comment must be allowed; reasonable time limits can be adopted by local agency.
Current City Council time limit: 5 minutes.
Non-agenda items: Regular meeting agenda must provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public within its purview.
No action or discussion can occur
Can refer to staff for information; request a report back; request item be placed on future agenda
Current City Council time limit: 3 minutes.
Individuals using an interpreter are allotted twice the amount of time for public comments.
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FAQ –Public Speakers
Q: What happens when a speaker brings up an issue that’s not on the
agenda?
The Brown Act doesn’t allow discussion or action on items that are not on
the agenda, but the B/C/C or staff can “briefly respond” to comments or
questions, request information from staff, or place the item on a future
agenda for discussion.
Examples of acceptable responses:
“I would like to request consensus of the B/C/C to add this item to the next
meeting agenda. At that time, can staff please provide additional information
regarding the matter?” Discussion among the B/C/C must be limited to whether
to add the matter to the agenda –no discussion of the matter brought forward
can take place at that time.
“Staff, do you know the answer to the speaker’s question about the timing of the
budget preparation?” Staff can respond with a brief explanation of the timeline.
Any further discussion about the budget or B/C/C recommendations should be
added as an item on a future agenda.
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FAQ –Public Speakers
Q: How should the B/C/C address speakers who may be disruptive,
critical of the B/C/C’s or staff’s work, or just plain rude?
A: Brown Act provisions protect the public’s right to attend, observe,
and participate in meetings. B/C/Cs cannot prohibit public criticism of
policies, procedures, programs or services of the City or the acts or
omissions of the B/C/C itself.
Tips:
The B/C/C members should always listen and make an effort to understand
the concerns and statements of all public speakers.
A simple “Thank you for your comments. The next speaker is…” is a sufficient
reply.
The time for public speakers is provided for them to voice their opinion. B/C/C
members are not obligated to engage in discussion or respond to questions.
Members may ask follow up questions, if desired, but should be mindful of the
speaker time limit to ensure all speakers have equal opportunity to speak.
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Social
Media and
the Brown
Act
Increased risk of “serial” meetings
Emails, texts, tweets or posts during
meetings deny public access to
decision-making process
Using icons to react to other B/C/C
members’ posts may constitute a
violation
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The
California
Public
Records Act
Intended to hold government accountable to the public –secrecy is antithetical to a democratic government
Gives the public access to information/records that
enable them to monitor the functioning of their government
Public record = any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of form (i.e., electronic, paper)
Some types of records are exempted, but legal authority is required
Most documents the board/commission handles are
public records
Includes texts/emails on personal devices if they involve City business
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FAQ -Records
Q: If I’ve been emailing back and forth with a resident about a
project that will be discussed at the next B/C/C meeting, can
someone obtain that by filing a public records request?
Yes! Even communications on private devices and accounts can be public
records that must be disclosed.
Best Practice: Encourage members of the public to attend meetings and
send communications through your B/C/C email address. Staff will distribute communications to the B/C/C so all members have the benefit of
receiving the information. It will also be made available to the public as required by law
Acceptable Practice: Copy your secretary on B/C/C communications and consider creating a separate email account for your B/C/C duties.
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Additional Duties
Ethics training: Required to be completed within one year of being
appointed, and every two years thereafter. The City Attorney conducts
periodic trainings that you can attend in person. The FPPC offers free,
online training at: http://localethics.fppc.ca.gov/login.aspx. Provide your
certificate to cityclerk@chulavistaca.gov.
Form 700 filing: Required for some B/C/Cs. Filings are due within 30 days of
assuming or leaving office, and annually on April 1.
Reappointments: You will hear from the City Clerk’s office shortly before the
end of your term, if you are eligible to serve a second term. Please respond
and let us know if you’re interested in being considered for another term.
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Additional Resources
League of California Cities Publications:
www.calcities.org/home/resources
“Open & Public IV: A Guide to the Ralph M. Brown Act”
“The People's Business: A Guide to the California Public Records Act”
Institute for Local Government: www.ca-ilg.org/meeting-resource-
center-tools-effective-meetings
“Meeting Resource Center: Tools for Effective Meetings”
Your staff liaison and secretary
City Attorney and City Clerk
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QUESTIONS?
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