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HomeMy WebLinkAbout2025-10-15 BOE Agenda Package Date:Wednesday, October 15, 2025 Time:5:15 p.m. Location:City Hall, Bldg. A, Executive Conference Room #103 276 Fourth Avenue, Chula Vista, CA Board of Ethics Regular Meeting ______________________________________________________________________________ In-Person Public Comments: Join us for the Board of Ethics meeting at the time and location specified on this agenda to make your comments. Each person will be allotted three minutes to address the Commission. Electronic Public Comments: At  www.chulavistaca.gov/boardmeetings, locate this meeting and click on the comment bubble icon. Select the item and click on "Leave Comment." The deadline to submit e- comments or any comments emailed to BOE@chulavistaca.gov will be noon on the day of the meeting. Accessibility: Individuals with disabilities are invited to request modifications or accommodations in order to access and/or participate in a Board of Ethics meeting by contacting the board staff at BOE@chulavistaca.gov (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Pages 1.CALL TO ORDER 2.ROLL CALL Board Members: Barragan, Gersten, Torres, Velissaropoulos, Vice-Chair Hurst, and Chair Salas 3.PUBLIC COMMENTS The public 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 Committee from discussing or taking action on any issue not included on the agenda. The Committee may schedule the topic for future discussion or refer the matter to staff. 4.ACTION ITEMS Action items are considered individually by the Commission and are expected to elicit discussion and deliberation. 4.1 Approval of Meeting Minutes 4 Recommended Action: Board to approve the minutes dated September 17, 2025. 4.2 Written Communications 8 Recommended Action: Communication from Board Member Gersten requesting an excused absence from the September 17, 2025, Board of Ethics meeting. 4.3 Discussion and Potential Action to Refer Lobbying Ordinance to City Staff for Review. 9 Consists of Chair Bobby Ray Salas, Vice Chair Leslie Hurst, and Member Isidro Barragan. 5.PRESENTATION 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. 5.1 Update from Ex Parte Communication Ad Hoc Sub-Committee Consists of Member William Gersten, Member Jose Torres, and Chair Bobby Ray Salas. 5.2 Update from Amendments to Code of Ethics Ad Hoc Sub-Committee Consists of Vice Chair Leslie Hurst and Member Alexia Velissaropoulos. 5.3 Update from Campaign Contribution Enforcement Authority Selection Process Ad Hoc Sub-Committee Consists of Chair Bobby Ray Salas, Member William Gersten, and Member Alexia Velissaropoulos. City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 2 of 57 5.4 Update from Board of Ethics Interview Panel Vice Chair Hurst to provide an overview of the interview of the applicants and share who the panel recommended to the City Council for appointment to fill the vacancy. 5.5 Discuss Process for Review of Ethics Complaints 26 Review and discussion of CVMC 2.28.090 6.STAFF COMMENTS 7.CHAIR'S COMMENTS 8.BOARD MEMBERS' COMMENTS 9.ADJOURNMENT to the regular meeting on November 19, 2025, at 5:15 p.m. Materials provided to the Board of Ethics related to any open-session item on this agenda are available for public review by contacting the City Attorney's Office at BOE@chulavistaca.gov. City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 3 of 57 City of Chula Vista Regular Board of Ethics Meeting MINUTES September 17, 2025, 5:15 p.m. City Hall, Bldg. A, Executive Conference Room #103 276 Fourth Avenue, Chula Vista, CA Present: Member Barragan, Member Torres, Vice Chair Hurst, and Chair Salas Absent: Member Gersten, Member Velissaropoulos Also Present: City Attorney Verdugo, Board Secretary Montalvo Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the Board of Ethics of the City of Chula Vista was called to order at 5:18 p.m. 2. ROLL CALL Secretary Montalvo called the roll. 3. PUBLIC COMMENTS 4. ACTION ITEMS 4.1 Approval of Meeting Minutes Moved by Member Barragan Seconded by Vice Chair Hurst Board to approve the minutes dated August 20, 2025. The motion was carried by the following vote: Yes (4): Chair Salas, Member Torres, Vice Chair Hurst, and Member Barragan Page 4 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda 2025-09-17 Board of Ethics Regular Meeting Minutes 2 Result: Carried (4 to 0) 4.2 Written Communications Moved by Member Barragan Seconded by Member Torres To approve the excused absence for Board Member Velissaropoulos requesting an excused absence from the September 17, 2025, Board of Ethics meeting. The motion was carried by the following vote: Yes (4): Chair Salas, Member Torres, Vice Chair Hurst, and Member Barragan Result: Carried (4 to 0) 4.3 Discussion and Potential Action to Refer Ex Parte Communication Policy to City Staff for Review. City Attorney Verdugo shared that Member Gersten had an initial draft for review. There was an outstanding question of what the next steps would be. If the sub-committee wanted to refer it to the full committee for referral to our office, then we could review and provide formatting edits if necessary. The Board took action to put it on this meeting to determine if it is ready to be referred to our office for review. Moved by Vice Chair Hurst Seconded by Member Torres To refer the Ex Parte Communication Policy to City Staff for Review. The motion was carried by the following vote: Yes (4): Chair Salas, Member Torres, Vice Chair Hurst, and Member Barragan Result: Carried (4 to 0) 5. PRESENTATION 5.1 Update from Lobbying Ordinance Ad Hoc Sub-Committee Robert spoke expressing a neutral position. Page 5 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda 2025-09-17 Board of Ethics Regular Meeting Minutes 3 Member Barragan shared that there are areas that need to be improved, such as formatting. City Attorney Verdugo to review whether the Enforcement Authority can be used to enforce the Lobbying Ordinance. Moved by Chair Salas Seconded by Member Barragan To add as an action item on the agenda at the next Board of Ethics Meeting, a discussion and potential action to refer the draft Lobbying Ordinance to City Staff for review. The motion was carried by the following vote: Yes (4): Chair Salas, Member Torres, Vice Chair Hurst, and Member Barragan Result: Carried (4 to 0) 5.2 Update from Amendments to Code of Ethics Ad Hoc Sub-Committee Vice Chair Hurst shared that Member Velissaropoulos is still working on her items. We should have something to share by the next meeting. 5.3 Update from Campaign Contribution Enforcement Authority Selection Process Ad Hoc Sub-Committee Secretary Montalvo shared that the post has gone out. It is on the Board of Ethics website, the City website, and was emailed to firms that specialize in campaign finance, as well as those who were on the panel last time. We are still waiting for applications. Closing for the posting is on Friday, September 19, 2025. Once we get applications in, I will contact the sub-committee for the next steps. 6. STAFF COMMENTS Secretary Montalvo shared that we have scheduled all three applicants with the Special Board of Ethics meeting on October 13, 2025, at 4:30pm. I will make sure you are all aware of it. We had four applicants but one withdrew so we have three now. We have one opening. 7. CHAIR'S COMMENTS Chair Salas shared that he is glad we are making headway. Page 6 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda 2025-09-17 Board of Ethics Regular Meeting Minutes 4 8. BOARD MEMBERS' COMMENTS Member Torres commended Chair Salas on his first day. Member Barragan thanked Chair Salas for taking the lead. 9. ADJOURNMENT The meeting was adjourned at 5:45 p.m. Minutes prepared by: Sydnie Montalvo, Board Secretary _________________________ Sydnie Montalvo, Board Secretary Page 7 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda 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) 9/17/2025 9/17/2025 Board of Ethics Sydnie Montalvo William Gersten 4 4 Page 8 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 9 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 10 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 11 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 12 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 13 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 14 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 15 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 16 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 17 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 18 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 19 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 20 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 21 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 22 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 23 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 24 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 25 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 26 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 27 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 28 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 29 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 30 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 31 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 32 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 33 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 34 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 35 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 36 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 37 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 38 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 39 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 40 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 41 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 42 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 43 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 44 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 45 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 46 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 47 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 48 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 49 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 50 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 51 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 52 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 53 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 54 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda Page 55 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda 2.28.090 A. All complaints regarding violations of this chapter shall be in writing, identify a person subject to the code of ethics, contain a full allegation of facts that would constitute a violation of the specific prohibitions enumerated in this chapter, and be sworn under penalty of perjury. All alleged violations must be submitted within 90 days of occurrence or when it should have been discovered with the exercise of reasonable diligence. Justification for any delay in filing complaints is the responsibility of the complainant. For complaints concerning unethical patterns of behavior, such complaints must be received by the Board of Ethics within 90 days of the most recent event comprising the pattern of behavior complained of, or within 90 days of when the last event should have been discovered with the exercise of reasonable diligence. The Board of Ethics will, in its discretion, limit the pattern of behavior to those events the Board of Ethics feels are proximately related in time to be a part of the same pattern of behavior. B. The Board may refer the matter to a local, state, or federal enforcement agency that may have jurisdiction over the matter at any stage of the proceedings and may hold in abeyance Board action pending results of the referral. The Board of Ethics may, but is not required to, resume Board action on the matter if it has been provided notice of inaction by the agency to whom the complaint was referred, the expiration of any applicable statute of limitations, or inaction for more than one year by the agency to whom the complaint was referred. Local, state and federal enforcement agencies include, but are not limited to, the United States Attorney’s Office, the California Attorney General’s Office, the San Diego County District Attorney’s Office, the San Diego County Grand Jury, and the Fair Political Practices Commission (FPPC). If the Board learns of misconduct during any stage of the proceedings, but the misconduct is not within the specific prohibitions set forth in this chapter, the Board of Ethics may make a referral to the appropriate local, state, or federal enforcement agency that may have jurisdiction over the alleged misconduct. C. The name of the complainant shall be disclosed unless the complainant has requested that their name be kept confidential and there is good cause to withhold such name. Requests for confidentiality shall be addressed as follows: 1. To request that their name be kept confidential, the complainant must provide, with their complaint, a detailed factual statement, sworn under penalty of perjury, that they would suffer harm or retaliation if their name were to be disclosed. Facts that may be considered to determine if good cause exists may include, but are not limited to: a. The existence of an employer/employee or supervisor/subordinate relationship between respondent and complainant or the existence of such a relationship between complainant’s spouse or immediate relative(s) and respondent or respondent’s spouse or immediate relative; b. Facts that show that complainant would be shunned, ostracized, or rebuked by any organization or group to which they belong if their name were to be made public; Ch. 2.28 Board of Ethics | Chula Vista Municipal Code Page 1 of 2 The Chula Vista Municipal Code is current through Ordinance 3599, passed August 5, 2025. Page 56 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda The Chula Vista Municipal Code is current through Ordinance 3599, passed August 5, 2025. 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. c. Evidence of prior acts of retaliation or harm by respondent against complainant or any other person; d. The existence of criminal convictions for crimes of violence by or the existence of any restraining orders against respondent. Conclusionary or speculative statements of harm or retaliation are insufficient to establish good cause. 2. Upon a request for confidentiality, the Chair and two Board members, chosen by the Chair on a rotating basis, shall form an ad hoc subcommittee within two business days of being informed by the City Attorney’s Office of a request for confidentiality and, after consideration of the request, determine if good cause exists to withhold disclosure of the name. The Chair shall inform the complainant of its decision within five business days. 3. If the decision is to deny the request for confidentiality, complainant shall have five business days to withdraw their complaint. If complainant requests that the complaint be withdrawn, the entire complaint shall be returned to complainant and their complaint shall not be disclosed. The complaint and complainant’s name shall be not disclosed during this evaluation process. 4. Upon a finding of good cause by the ad hoc subcommittee formed under this section, the name of the complainant shall be kept confidential unless and until a finding of probable cause is made. The complaint shall also be redacted accordingly. (Ord. 3264 § 1, 2013). Ch. 2.28 Board of Ethics | Chula Vista Municipal Code Page 2 of 2 The Chula Vista Municipal Code is current through Ordinance 3599, passed August 5, 2025. Page 57 of 57 City of Chula Vista Board of Ethics October 15, 2025 Agenda