HomeMy WebLinkAbout2024-12-04 Agenda Packet
Date:Wednesday, December 4, 2024
Time:6:00 p.m.
Location:Civic Center Branch Library
Conference Room
365 F St, Chula Vista
Cultural Arts Commission Regular Meeting
Public Comments: Public comments may be submitted to the Cultural Arts Commission in the
following ways:
In-person comments during the meeting. Join us for the Cultural Arts Commission meeting at
the time and location specified on this agenda to make your comments. Each person will be
allotted three (3) minutes to address the Commission.
•
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."
•
Email comments. Submit comments via email to CAC@chulavistaca.gov.•
The commenting period will close at noon on the day of the meeting. All comments will be made
available to the Commission and the public.
Accessibility: Individuals with disabilities are invited to request modifications or accommodations in
order to access and/or participate in a Cultural Arts Commission meeting by contacting the Library
Department at CAC@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 Bishop, Brady, Jing, Kohse, Muraoka, Ruiz, Sablan, Vice Chair
Zavala, and Chair Ward
3.CONSENT CALENDAR (Items 3.1 through 3.2)
The Commission will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Commissioner, member of the public, or staff
requests that an item be removed for discussion. 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.
Recommended Action:
Commission approve the recommended action on the below consent calendar
items.
3.1 Approval of Meeting Minutes 4
Recommended Action:
Approve the minutes dated: November 6, 2024
3.2 Written Communications 8
Communication from Vice Chair Zavala requesting an excused absence
from the November 6, 2024 Cultural Arts Commission meeting.
Recommended Action:
Excuse the absence
4.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.
5.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.
City of Chula Vista Cultural Arts Commission
December 4, 2024 Agenda Page 2 of 76
5.1 Presentation on City of Chula Vista Commission Roles, Duties, and
Procedures
9
Presenters: Megan McClurg, Assistant City Attorney, and Kerry Bigelow,
City Clerk
Recommended Action:
Hear the presentation on the roles, duties, and processes related to City of
Chula Vista commissions, including general rules applicable to City boards
and commissions, open meeting requirements (Brown Act), and public
records (California Public Records Act).
6.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.
6.1 Discussion and Possible Action Regarding the Planning of Chula Vista
ArtFest 2025
Recommended Action:
Commission discuss, make recommendations, and take action as
appropriate.
OTHER BUSINESS
7.STAFF COMMENTS
8.CHAIR'S COMMENTS
9.COMMISSIONERS' COMMENTS
10.ADJOURNMENT
to the regular meeting on January 1, 2025 at 6:00 p.m.
Materials provided to the Cultural Arts Commission related to any open-session
item on this agenda are available for public review by contacting the Library at
CAC@chulavistaca.gov.
City of Chula Vista Cultural Arts Commission
December 4, 2024 Agenda Page 3 of 76
1
REGULAR MEETING OF THE CULTURAL ARTS COMMISSION
Meeting Minutes
November 6, 2024, 6:00 p.m.
Civic Center Branch Library
Conference Room
365 F St, Chula Vista
Present: Commissioners Brady, Kohse, Muraoka, Ruiz, Ward, Chair
Bishop
Absent: Commissioner Sablan, Vice Chair Zavala
Also Present: Commissioner Jing, Principal Librarian and Cultural Arts
Manager Magbanua, Librarian III Ytuarte
_____________________________________________________________________
1. CALL TO ORDER
A regular meeting of the Cultural Arts Commission of the City of Chula Vista was
called to order at 6:00 p.m. in the Conference Room, located in Civic Center
Library, 365 F Street, Chula Vista California.
2. ROLL CALL
Secretary Magbanua called the roll.
3. PUBLIC COMMENTS
Secretary Magbanua announced that 2 comments had been received.
Galina Marcus commented on the work of San Diego Art Directory.
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2
Jeff Bettger commented on the community benefits of poetry and a poet
laureate in support of Agenda Item 5.2.
4. PRESENTATIONS
4.1 ArtReach San Diego Mural Programs Presentation - Mural Program
Manager Isabel Halpern
Isabel Halpern presented on the past and current mural work of ArtReach
San Diego.
4.2 Chula Vista ArtFest Expenditures Presentation - Cultural Arts
Manager Magbanua
Principal Librarian and Cultural Arts Manager Magbanua presented on the
budget expenditures for Chula Vista ArtFest 2023 and 2024.
5. ACTION ITEMS
5.1 Approval of Meeting Minutes
Approval of the minutes dated: September 4, 2024
Moved by Commissioner Kohse
Seconded by Commissioner Ward
Yes (6): Commissioners Brady, Kohse, Muraoka, Ruiz, Ward, Chair Bishop
Result: Carried (6 to 0)
Commissioner Muraoka left the meeting at 7:05 p.m.
5.2 Discussion and Possible Action Regarding a Potential Poet Laureate
Program
Principal Librarian and Cultural Arts Manager Erwin Magbanua gave a
presentation.
Commission recommended staff explore establishing a pilot poet laureate
program for 2025.
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December 4, 2024 Agenda
3
Moved by Commissioner Ward
Seconded by Commissioner Kohse
Yes (5): Commissioners Brady, Kohse, Ruiz, Ward, Chair Bishop
Result: Carried (5 to 0)
OTHER BUSINESS
6. STAFF COMMENTS
Cultural Manager Magbanua provided updates on:
Casa Casillas construction;
Preparations for the 2025 McCandliss Arts Awards and the 2025
Performing and Visual Arts Grant;
Recent PVAG awarded projects;
Art program ideas from the California Library Association annual
conference.
7. CHAIR'S COMMENTS
Chair Bishop expressed appreciation for being new chair of the Commission,
welcomed new members, and inquired about the timeline for the Commission
presentation for City Council.
8. COMMISSIONERS' COMMENTS
Commissioner Kohse announced an upcoming Indigenous Sustainable Design
Forum on November 21, 2024, at UCSD Park & Market
Commissioner Ruiz announced the Art though the Glass art project at the Chula
Vista Shopping Center that was produced by Envision Broadway
Christine Brady shared her experience at ArtFest; expressed the need for low-
cost performance venues; suggested the area at 3rd Ave and Palomar for more
arts activations; urged the City Council to better consider arts in its planning and
budget; announced the Posada of the Colonia La Esperanza in Tijuana on
December 22; shared feedback she got at the Harborside Park meet and greet
event regarding dance flooring at recreation centers.
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4
9. ADJOURNMENT
The meeting was adjourned at 7:51 p.m.
Minutes prepared by: Erwin Magbanua, Secretary
_________________________
Erwin Magbanua, Secretary
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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)
11/06/2024
Cultural Arts Commission
11/13/2024Daniel Zavala
Daniel Zavala
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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 2.04.170, 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 3575, passed June 25, 2024.
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.
City Website: www.chulavistaca.gov
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@generalcode.com.
Hosted by General Code.
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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2.33.010
2.33.020
2.33.030
2.33.040
2.33.050
Chapter 2.33
CULTURAL ARTS COMMISSION
Sections:
Creation.
Purpose and intent.
Functions and duties.
Membership.
Meeting frequency.
2.33.010 Creation.
There is hereby created a Cultural Arts Commission. The provisions of Article VI of the City Charter, Chapter 2.25
CVMC and this chapter shall govern this Commission. (Ord. 3211 § 7, 2011; Ord. 2403 § 1, 1990).
2.33.020 Purpose and intent.
It is the purpose and intent of the City Council in establishing the Cultural Arts Commission to create an advisory
body to serve as a resource to advise and make recommendations to the City Council and the City Manager on
cultural arts issues citywide, as well as exchanges and activities with the City and its sister cities. The focused
efforts of the Cultural Arts Commission will be to identify cultural arts needs and issues.
The purpose of the Commission is to focus community energies and resources on developing a highly visible City
with a cultural arts personality and to develop, support, and nurture those ideas that expand and enrich arts and
cultural opportunities for the entire community in addition to promoting cultural exchanges and activities on the
basis of mutual friendship and amity between the City and its sister cities. (Ord. 3539 § 1(C), 2022; Ord. 3211 § 7,
2011; Ord. 2403 § 1, 1990; Ord. 2362 § 1, 1990).
2.33.030 Functions and duties.
The functions and duties of the Cultural Arts Commission shall be as follows:
A. Encourage the preservation of Chula Vista’s cultural heritage and the creation of an atmosphere – a Chula
Vista image – in which our citizens could take pride and have increased stature.
B. Help coordinate and marshal support for the arts.
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C. Encourage the provision of cultural and artistic facilities and features in public and commercial construction.
D. Formulate recommendations for a City arts program, including funding mechanisms, criteria for the selection
and placement of public art, procedures for review plans, and guidelines to carry out a City arts program.
E. Regularly assess, review and update recommended goals and long-range plans for the City; and regularly
solicit public input on the arts.
F. Encourage the development of arts and cultural programs for the youth of Chula Vista.
G. Promote the creation of a cultural environment to attract visitors and economic development. The
Commission, by having a definite focus and by demonstrating a high degree of commitment to the arts, can
conduct strategic long-range planning to help reach these goals.
H. Make recommendations for cultural exchanges and activities that are virtual and/or accessible on the basis of
mutual friendship and amity between the City and its sister cities.
I. The Commission may develop guidelines for consideration during the application and appointment processes
for new Members, which may include relevant questions to be included on the application, recommended
considerations when making an appointment, and definitions of terms referenced in CVMC 2.33.040, related to
the qualifications of Members. (Ord. 3539 § 1(C), 2022; Ord. 3435 § 1, 2018; Ord. 3393 § 1, 2016; Ord. 3211 § 7,
2011; Ord. 2403 § 1, 1990; Ord. 2362 § 1, 1990).
2.33.040 Membership.
A. The Cultural Arts Commission shall consist of nine Voting Members and one Youth Advisory Member who
represent a diversity of backgrounds, to be nominated and appointed in accordance with Article VI of the City
Charter, Chapter 2.25 CVMC, and this chapter.
1. All nine Voting Members shall demonstrate competence, knowledge and experience in cultural arts; and
a minimum of six Members shall be appointed from among artists, educators, and those with professional
qualifications and experience in disciplines of arts and culture, including the performing arts, fine arts,
culinary arts, media arts or related arts disciplines.
2. The Cultural Arts Commission may recommend guidelines to be used during the application and
appointment processes, which may include relevant questions to be included on the application, a checklist of
qualifications, and definitions of terms referenced in this section, related to the qualifications of Members.
3. When a vacancy occurs on the Cultural Arts Commission, the City Clerk shall forward applications
received for the vacant position to the Mayor and Cultural Arts Manager or other staff assigned to the
Cultural Arts Commission.
4. Throughout the review of applications, selection of applicants to be Interviewed and Interviews of
selected applicants, the Mayor shall consider guidelines developed by the Cultural Arts Commission, as well
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
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.
City Website: www.chulavistaca.gov
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@generalcode.com.
Hosted by General Code.
as recommendations for interviews or appointments that may be made by the Cultural Arts Commission, City
Councilmembers, and the Cultural Arts Manager or other staff assigned to the Cultural Arts Commission.
5. The Mayor shall review the forwarded applications and select applicants to be Interviewed. The Mayor
shall Interview selected applicants and provide the opportunity for the Cultural Arts Manager or other staff
assigned to the Cultural Arts Commission to attend and assist with the interviews. The Mayor shall make
nominations for appointment, subject to the City Council’s approval. (Ord. 3539 § 1(C), 2022; Ord. 3490 § 1,
2020; Ord. 3393 § 1, 2016; Ord. 3211 § 7, 2011; Ord. 2403 § 1, 1990; Ord. 2362 § 1, 1990).
2.33.050 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. 3393 § 1, 2016; Ord. 3211
§ 7, 2011; Ord. 2403 § 1, 1990; Ord. 2362 § 1, 1990).
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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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CULTURAL ARTS COMMISSION
Role, Duties, and Procedures
October 2, 2024
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Agenda City Overview & Board/Commission/Committee (B/C/C) Role
Duties
Procedures
Meetings/Attendance
Agenda
Minutes
Conflict of Interest
Member Communications
Recommendations to Council
Brown Act
Public Records Act
2
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December 4, 2024 Agenda
City
Structure
3
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December 4, 2024 Agenda
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
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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City of Chula Vista Cultural Arts Commission
December 4, 2024 Agenda
Categories of
Member
Responsibilities
To the City Council
To the Community
To Each Other
To Staff
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Responsibilities to the City Council
Act consistently with Council directionAct
Be familiar with Council prioritiesBe
Clearly state if 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
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City of Chula Vista Cultural Arts Commission
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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
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Responsibilities to Each Other
Be prepared for meetingsBe
Advise the 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
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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
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City of Chula Vista Cultural Arts Commission
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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
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Cultural Arts Commission’s Duties
Chula Vista Municipal Code –2.33.030 –Functions and Duties
A.Encourage the preservation of Chula Vista’s cultural heritage and the creation of an atmosphere –a Chula Vista image –in which our citizens could take pride and have increased stature.
B.Help coordinate and marshal support for the arts.
C.Encourage the provision of cultural and artistic facilities and features in public and commercial construction.
D.Formulate recommendations for a City arts program, including funding mechanisms, criteria for the selection and placement of public art, procedures for review plans, and guidelines to carry out a City arts program.
E.Regularly assess, review and update recommended goals and long-range plans for the City; and regularly solicit public input on the arts.
F.Encourage the development of arts and cultural programs for the youth of Chula Vista.
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Cultural Arts Commission’s Duties
Chula Vista Municipal Code –2.33.030 –Functions and Duties
G.Promote the creation of a cultural environment to attract visitors and economic development. The Commission, by having a definite focus and by demonstrating a high degree of commitment to the arts, can conduct strategic long-range planning to help reach these goals.
H.Make recommendations for cultural exchanges and activities that are virtual and/or accessible on the basis of mutual friendship and amity between the City and its sister cities.
I.The Commission may develop guidelines for consideration during the application and appointment processes for new Members, which may include relevant questions to be included on the application, recommended considerations when making an appointment, and definitions of terms referenced in CVMC 2.33.040, related to the qualifications of Members.
Generally advisory to City Council
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Your Webpage
www.chulavistaca.gov/cac
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City of Chula Vista Cultural Arts Commission
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Regular Meetings &
Attendance
The Commission’s regular meeting date and time
are the 1st Wednesday of each month at 6:00 p.m.
Please promptly contact the B/C/C secretary if you
will be absent
cac@chulavistaca.gov
Notice is important to ensure that the B/C/C will
have a quorum
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City of Chula Vista Cultural Arts Commission
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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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Typical Process for Hearing 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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City of Chula Vista Cultural Arts Commission
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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 be 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
action 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 decision-makers
Exceptions are limited
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City of Chula Vista Cultural Arts Commission
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Meeting Rules
Cannot consider,discuss,deliberate or take action on mattersnotontheagenda
Otherwise,only appropriate action is to refer item to staffand/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
C
Member
D
Daisy Chain
Member
C
Member
B
Member
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.
Non-agenda matters: 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
City Council speaker time limits:
Agenda Items: 3 minutes
Non-Agenda-Item Public Comments: 3 minutes
Consent Calendar: 3 minutes (for any or all items on the consent calendar)
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 allotted to public speakers is an opportunity 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 B/C/C 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 VI: 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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