HomeMy WebLinkAbout2026-7-15 BOE Full Agenda Package
Date:Wednesday, July 15, 2026
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
Board, unless otherwise adjusted by the presiding officer.
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.
We encourage community participation—sign up at www.ChulaVistaCA.gov/Boards to receive email
notifications when agendas are available.
Pages
1.CALL TO ORDER
2.ROLL CALL
Board Members: Barragan, Gersten, Padilla, 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 May 20, 2026.
4.2 Written Communications 7
Communication from Board Member Velissaropoulos requesting an excused
absence from the May 20, 2026, Board of Ethics meeting.
4.3 Discussion and Potential Action to Refer Draft Lobbying Ordinance 8
Board to be provided an update on the status of the item currently under
review by City Attorney staff, and to determine any potential action.
4.4 Discussion and Review of CVMC Section 2.28.090 43
Board to review and discuss Chula Vista Municipal Code Section 2.28.090,
particularly focusing on subsection B.
4.5 Authorize the Chair to Work with Staff to Finalize and Submit the Annual
Activities Report for Fiscal Year 2025-26
45
Authorize the Chair to work with staff to finalize and submit the
Board/Commission Annual Activities Report.
4.6 Election of Chair and Vice Chair for Fiscal Year 2026 - 2027
Recommended Action:
Nominate and elect Chair and Vice Chair for fiscal year 2026-2027.
5.STAFF COMMENTS
6.CHAIR'S COMMENTS
City of Chula Vista Board of Ethics
July 15, 2026 Agenda Page 2 of 46
7.BOARD MEMBERS' COMMENTS
8.ADJOURNMENT
to the regular meeting on August 19, 2026, 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
July 15, 2026 Agenda Page 3 of 46
1
City of Chula Vista
Regular Board of Ethics Meeting
MINUTES
May 20, 2026, 5:15 p.m.
City Hall, Bldg. A, Executive Conference Room #103
276 Fourth Avenue, Chula Vista, CA
Present:Member Barragan, Member Gersten, Member Padilla, Member
Torres, Vice Chair Hurst, and Chair Salas
Absent:Member Velissaropoulos
Also Present:Board Secretary Montalvo, Deputy City Attorney Pietanza
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 5:20 p.m.
2. ROLL CALL
Secretary Montalvo called the roll.
Member Torres arrived at 5:28 p.m.
3. PUBLIC COMMENTS
Robert spoke in support of various topics.
4. ACTION ITEMS
4.1 Approval of Meeting Minutes
Robert spoke expressing a neutral position.
Moved by Member Gersten
Seconded by Member Padilla
Board to approve the minutes dated March 18, 2026, and April 8, 2026.
Page 4 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
2026-05-20 Board of Ethics Regular Meeting Minutes
2
The motion was carried by the following vote:
Yes (6): Member Barragan, Member Gersten, Member Padilla, Member
Torres, Vice Chair Hurst, and Chair Salas
Result: Carried (6 to 0)
4.2 Authorize the Chair to Work with Staff to Finalize and Submit the
Annual Activities Report for Fiscal Year 2025-26
Chair to move this item to the next meeting.
4.3 Discussion and Potential Action to Refer Draft Lobbying Ordinance
Robert spoke expressing a neutral position.
Deputy City Attorney Pietanza provided an update and requested
members to review and plan to discuss at our next meeting.
4.4 Discussion and Potential Action on Amendment to Code of Ethics -
Subpoena Powers
Robert spoke expressing a neutral position.
Deputy City Attorney Pietanza advised that, upon review, granting
subpoena powers would require a Charter amendment. Accordingly, this
issue falls outside the scope and authority of this Commission.
4.5 Prima Facie Review of Board of Ethics Complaint 2026-02
Robert spoke expressing a neutral position.
Mary Davis spoke expressing a neutral position.
Greg Martinez spoke in support of Item 4.5.
Mitchell Thompson spoke in opposition to Item 4.5.
Angelica Martinez spoke in support of Item 4.5.
Anna spoke in support of Item 4.5.
Norma Toothman spoke in support of Item 4.5.
Admiral spoke in support of Item 4.5.
Chuck Sanfilippo spoke in support of Item 4.5.
Board conducted a Prima Facie review of Complaint 2026-02 under
CVMC 2.28.090(A).
Page 5 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
2026-05-20 Board of Ethics Regular Meeting Minutes
3
Moved by Chair Salas
Seconded by Member Gersten
To dismiss Complaint No. 2026-02 pursuant to Chula Vista Municipal
Code §§ 2.28.090(A) and 2.28.110(3) on the grounds that the complaint is
untimely and fails to set forth a full statement of the alleged facts.
The motion was carried by the following vote:
Yes (6): Member Barragan, Member Gersten, Member Padilla, Member
Torres, Vice Chair Hurst, and Chair Salas
Result: Carried (6 to 0)
5. STAFF COMMENTS
6. CHAIR'S COMMENTS
Thank you everyone.
7. BOARD MEMBERS' COMMENTS
Vice Chair Hurst thanked everyone.
Member Gersten shared he would be on vacation during the next meeting.
8. ADJOURNMENT
The meeting was adjourned at 7:19 p.m.
Minutes prepared by: Sydnie Montalvo, Board Secretary
_________________________
Sydnie Montalvo, Board Secretary
Page 6 of 46
City of Chula Vista Board of Ethics
July 15, 2026 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) 5/20/2026
5/20/2026
Board of Ethics
Sydnie Montalvo
Alexia Velissaropoulos
4
4
Page 7 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
Page 8 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
Page 9 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
Page 10 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
Page 11 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
Page 12 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
Page 13 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
Page 14 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
Page 15 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
Page 16 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
Page 17 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
Page 18 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
Page 19 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
Page 20 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
Page 21 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
Page 22 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
Page 23 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
Page 24 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
1
DRAFT
5-20-2026
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 2.55 OF THE CHULA VISTA MUNICIPAL CODE
TO ADD LOBBYIST REGISTRATION AND REPORTING
REQUIREMENTS
WHEREAS, [INSERT TEXT]
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. Title 2 of the Chula Vista Municipal Code is amended to add Chapter 2.55
as follows:
Chapter 2.55
LOBBYIST REGISTRATION AND REPORTING
Sections:
2.55.010 Title.
2.55.020 Findings and Declarations.
2.55.030 Purpose of the Lobbyist Requirements.
2.55.040 Definitions.
2.55.050 Activities Not Considered Lobbying.
2.55.060 Lobbyist- Annual Registration and Reporting.
2.55.070 Lobbyist- Identification.
2.55.080 Lobbyist- Prohibited Activities; Restriction
2.55.090 Administration by the City Clerk.
2.55.100 Enforcement.
2.55.105 Board of Ethics Review
Member Gertsen Proposed Edits
Page 25 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
2
2.55.110 Implementation Date.
CHAPTER 2.55
2.55.010 Title.
This Chapter shall be known as the Lobbyist Registration and Reporting Requirements of the
City of Chula Vista and may be referred to herein as the Lobbyist Requirements.
2.55.020 Findings and Declarations.
The City Council finds and declares that the residents of the City of Chula Vista (City) have the
need and right to know the identity of the individuals, businesses, and other organizations that
make or receive money to influence City decisions. Full disclosure of lobbying activities of such
persons and the identity of their employers will bolster public confidence in local government,
increase accountability in the policy-making process, and protect the public’s interests.
2.55.030 Purpose of the Lobbyist Requirements.
The purposes of the Lobbyist Requirements are to maintain a fair and open decision-making
process in City government and to ensure that the public and City officials have full knowledge
of Lobbying activities that have been brought to bear on any Municipal Decision.
These Lobbying Requirements are intended to ensure transparency and oversight; promote
accountability and integrity; prevent corruption; stop unregistered entities from wielding
disproportionate and untraceable influence; and to provide the public insight into municipal
governance.
Member Gertsen Proposed Edits
Page 26 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
3
2.55.040 Definitions.
Unless a term is specifically defined in this section or the contrary is stated or clearly appears
from the context, the definitions set forth in the Political Reform Act of 1974, Government Code
sections 81000 et seq., shall govern the meaning of terms. Any term herein expressed in the
plural may also apply to the singular. The following terms shall have the meanings set forth
belowherein:
A. “Client” means any Person or Organization that employs, retains, or otherwise engages a
Lobbyist, including one employed by a Lobbying Business, for Compensation to engage in
Lobbying.
B. “Compensation” means any economic consideration provided in exchange for services
rendered or to be rendered, including, without limitation, salary and wages, stipends, payments,
promises to perform or provide goods or services, fees, contingency fees, success fees, bonuses,
or awards. To satisfy the requirements of being a Lobbyist, Compensation, as defined herein,
must be provided, in whole or in part, as remuneration for engaging in Lobbying.
C. “Designated City Official” includes all City agencies and means any of the following City
officers or employees:
(1) The Mayor and mayoral staff;
(2) Councilmembers and councilmember staff;
(3) Mayor and Councilmember staff;
(34) All members of all City boards, commissions, committees, or task forces,
established by action of the City Council under authority of the City Charter, Municipal
Code, or Council resolution, whose members are required to file a statement of
economic interests under the California Political Reform Act, as may be amended from
time to time;
(45) The City Manager and all appointees under City Charter section 401;
(56) The City Attorney and all appointees under City Charter section 503;
Member Gertsen Proposed Edits
Page 27 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
4
(67) The City Clerk and all appointees under City Charter section 502;
(78) Any candidate who has been elected to office but has not been sworn in. For
purposes of this definition, a candidate is considered elected to office on the date the
Council adopts its resolution declaring the results of the election.
(89) - Any City representative to any joint powers authority to which the City is a party
and the joint powers authority does not have a separate lobbying registration
requirement.
D. “Direct Communication” means talking to or communicating with a Person, using any
means of communication, including by telephone, cell phone, and video calls, or in person, or
corresponding with a Person r in writing, including by emails, text message, direct messaging
usingvia social media, or a “Twitter,” “Instagram” or “ Facebook” type medium, or by other
means of communication. .
E. “Enforcement Authority” means the an attorney (or plural if a firm?) assigned as special
counsel by the Board of Ethics to enforce the provisions of this Chapter as set forth in Section
2.55.100 of this Chapter. The Board of Ethics can refer a complaint to a Panel Attorney that is
serving as the enforcement authority under section of the Chula Vista Municipal Code (CVMC)
Chapter 2.52 to for determineing whether any Lobbyist Requirements this section of the CVMC
have been violated. If ano Panel Attorney is not available, the Board of Ethics may retain an
attorney , shall solicit proposals from attorneys in accordance with Section 503 of the City Charter
and Chapter 2.56.110 of the CVMC, Chula Vista Municipal Code (Municipal Code) through a
Legal Services Agreement to be executed through the City Attorney’s Office, retain an attorney
to act as the Enforcement Authority. Special counsel shall remain in place for the purposes of
assigning a complaint to the Enforcement Authority until the Board of Ethics replaces it with new
special counsel. Nothing in this article limits the authority of the City Attorney, any law
enforcement agency, or any prosecuting attorney to enforce the provision of this article under any
circumstances where the City Attorney, law enforcement agency, or prosecuting attorney
Member Gertsen Proposed Edits
Page 28 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
5
otherwise have lawful authority to do so.
F. “Lobby” or “Lobbying” means to influence or attempt to influence a Municipal Decision of
the City by Direct Communication with any Designated City Official, either individually or
collectively, by monitoring Municipal Decisions; preparing testimony and presentations;
engaging in research, investigation, and fact-gathering; attending hearings; communicating with
clients; waiting to meet with City Officials; and communicating with City employees who are
not City Officials, including as part of City Council or any City committee, board, task force, or
other body. Lobbying includes providing information, statistics, analysis, studies, or petitions to
a Designated City Official.
G. “Lobbyist,” unless exempt under section 2.55.050, means any Person who is employed,
retained, or otherwise engaged for Compensation to Lobby any Designated Individual , on behalf
of a Person or Organization, either individually or collectively.
H. “Lobbyist Business” means any individual, business entity, trust, corporation, or partnership
that employs a Lobbyist to Lobby for a Client.
I. “Municipal Decision” means:
1. The drafting, introduction, consideration, reconsideration, adoption, defeat, repeal,
amendment of, or veto of any City ordinance or resolution;
2. The amendment of any ordinance or resolution;
3.2.A report recommending City action by a City staff member or City consultant to a
Designated City Official;
4.3.A contract approval by City Council or the City Manager, unless exempt except as
otherwise permitted byunder Section 2.55.050.
5.4.Quasi-judicial decisions made by the City Council or a City committee, board, task force,
or other body under the Municipal Code and , include:ing, but not limited to:
a. Any decision on a land development permit, map, entitlement, or other land use
matter decided by the City Council or City board or commission pursuant to the
Municipal Code;
b. Any grant, denial, modification, or revocation of a permit or license under the
Municipal Code; and
c. Any declaration of debarment under the Municipal Code.; and
Member Gertsen Proposed Edits
Page 29 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
6
6.5.Any other discretionary decision by the City Council or any City committee, board, task
force, or other body that relates to City governanceboard or commission.
J. “Person” or “Persons” means any individual, proprietorship, firm, partnership, joint
venture, syndicate, business trust, company, corporation, limited liability company,
association, committee, and any other organization or group of persons acting in concert, as
defined in California Government Code section 82047 any individual, business entity, trust,
corporation, association, committee, or any other organization or group of persons acting in
concert.
2.55.050 Activities Not Considered Lobbying.
The following Persons and activities are exempt from the requirements of this Chapter:
A. Any City official acting in their official capacity, and any government employee, consultant,
or contractor, acting within the scope of their employment;
B. Any newspaper or other periodical of general circulation, book publisher, radio, or television
station (including any individual who owns, publishes, or is employed by any such newspaper or
periodical, radio or television station) which in the ordinary course of business publishes
(including via internet or other electronic medium) news items, editorials, or other comments, or
paid advertisements, that report on which directly or indirectly urge legislative or administrative
action.
C. Any Person whose primary purpose is to sole activity includes the following:
1. To submit a bid on a competitively bid contract;
2. To submit a written response to a request for proposals or qualifications;
3. To participate in an oral interview for a request for proposals or qualifications; or
4. To negotiate the terms of a contract or agreement with the City once the City is
authorized by law to enter into a contract with that Person.
5. To communicate with City staff about an existing contract between the Person and the
City.
D. A Person whose communications are solely related to the establishment, amendment,
administration, implementation or interpretation of a collective bargaining agreement or a
Member Gertsen Proposed Edits
Page 30 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
7
memorandum of understanding or memorandum of agreement between the City and a
recognized City employee organization or any communication required under the
Meyers-Milias-Brown Act. Included in this Subsection is the representation of a City
employee by an attorney or other representative in a disciplinary matter, including
representation at an administrative interview, Skelly meeting (in accordance with Skelly v.
State Personnel Board (1975) 15 Cal.3d 194), or appeal of discipline.
E. Any communication by an attorney with regard to his or her representation of a party
or potential party to pending or actual litigation, or to a pending or actual administrative
enforcement proceeding, brought by or against the City, or City agent, officer, or
employee.
F. Any Person who communicates with a City employee, who is not a Designated City
Official, regarding any request for advice regarding, or for an interpretation of, laws,
regulations, City approvals, or policieson interpretation or implementation of existing
land use plans and laws with respect to a land use project, including project processing.
G. Any Person who communicates with the Development Services Department Director
or Assistant Director of the Development Services Department on interpretation or
implementation of existing land use plans and laws, including for an approved project,
and which do not involve communications regarding amendments to the City’s General
Plan, Specific Plans, or zoning changes.
HG. The provision of purely technical data or analysis by an expert, so long as the expert
does not otherwise engage in a Direct Communication for the purpose of influencing a
Municipal Decision. This subsection is intended to be interpreted in a manner consistent
with Title 2, Section 18239(d) (3) (A), of the California Code of Regulations. Experts
include, but are not limited to, trained architects, engineers, designers, statisticians,
accountants, economists, or similar professions.
I. An owner of a business or residence who communicates regarding his or her own business or
Member Gertsen Proposed Edits
Page 31 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
8
residence with a Designated City Official. An owner, as used in this section, means any person
with a controlling interest in his or her own business or residence.
JI. Any person who solely appears as a speaker at or provides written statements that become
part of the record, at a public meeting of the City Council or any commission, committee, board,
task force, or other body of the City.
*KJ. Any person who engages in a De Minimis Act of Lobbying. A De Minimis Act of
Lobbying means an unplanned (what does this mean or can it be defined?) communication
regarding a Municipal Decision or Decisions and which that would be considered lobbying, but
where the lobbyist is not compensated lasts no longer than a total of 1 minute and the
communication does not involve any discussion or discussions on whether the Designated
Official supports or opposes the Municipal Decision or Municipal Decisions discussed.
2.55.060 Lobbyist-Annual Registration and Reporting Requirements.
A. Registration. A Lobbyist must register with the City Clerk five (5) calendar days before
any scheduled Lobbying, but in no event no later than ten (10) calendar days after engaging in
Lobbying. (why is the 5 day needed if it extends to 10?
B. Annual Registration Renewal. Lobbyists must renew their registration byby January 15 of
each year unless they have terminated their status as a Lobbyist pursuant to Subsection I of this
Section on or before January 15.
C. Registration Fees. Persons subject to the registration requirements of this Chapter must pay
the fee established by the City Council in the City’s Master Fee Schedule. The fee shall reflect
and not exceed the City’s costs of administering the requirements set forth in this Chapter. The
applicable annual registration fee is due at the time of registration or registration renewal.
D. Late Fees. The City Clerk shall assess delinquency fees if any required registration or
reporting requirement or payment of any fee occurs after the due date unless good cause is
established, as described in Subsection 1.41.100(E) or if the Enforcement Authority files a
complaint pursuant to Section 2.55.100. Notwithstanding Section 1.41.100(D), if a late fee
Member Gertsen Proposed Edits
Page 32 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
9
is assessed pursuant to this Subsection, the late fee will be assessed according to the City
Clerk’s rate book of feesshall be $20 per day until the violation is corrected, with a
maximum late fee of $600 imposed by the City Clerk, in addition to any fines or fees
imposed by the Enforcement Authority.
E. “Good Cause” Waiver of Fines for Late Filing or Payment of Fees. The City Clerk
may waive late fees imposed under this Chapter upon a showing of good cause. To request
a waiver, the Lobbyist must provide to the City Clerk in writing the reason for the late
filing and supporting documentation, if any. Good cause includes incapacitation for
medical reasons, hospitalization, accident involvement, loss or unavailability of records
due to unforeseen and unpreventable events, or other similar legitimate reasons determined
by the City Clerk to be beyond the Lobbyist’s control. Good cause does not include failure
to receive a notice of registering or reporting requirements or applicable deadlines;
inability to find or sign forms; failure to send the paperwork to, or file the paperwork with,
the proper official; not having complete information by the filing deadline; secretarial
error; or other similar reasons.
F. Required Annual Registration Report. With the initial registration and any
subsequent renewal, Eeach Lobbyist must file a registration report with the City Clerk at
initial registration and subsequent renewal. The registration report shall be in a format
prescribed by the City Clerk and must contain the following information:
1. The name, business address, email, and telephone numbers of the registering
Lobbyist required to register under this Chapter. The Lobbyist must also provide the name,
business address, email, and telephone number of their Lobbyist Business employer, if any.
The Lobbyist must file an amended registration report with the City Clerk, in writing, within
fifteen (15) calendar days of any change in business address, email, or telephone numbers.
2. The name, business address, email, and telephone numbers of each Client or
Person on whose behalf Lobbying activities are being conducted. The Lobbyist must also
Member Gertsen Proposed Edits
Page 33 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
10
describe the nature of each client’s or Person’s business and the Municipal Decision that the
Lobbyist is seeking to influence on behalf of the Client or Person.
G. Supplemental Registration Reports. Lobbyists must file supplemental registration
reports with, and in a format, prescribed by, the City Clerk five (5) calendar days before any
scheduled lobbying, but in no event no later than ten (10) of Lobbying on behalf of any Person
not listed on the Lobbyist's initial or annual report. Supplemental reports must contain the
information as specified in Subsection F of this Section.
H. Quarterly Reports Summarizing Lobbyists Activities. Lobbyists must file quarterly
reports with, and in a format prescribed by, the City Clerk, on or before April 15, July 15,
October 15 and January 15, for the prior calendar quarter. Quarterly reports must contain the
following information regarding their Lobbying activities with each Designated City Official:
1. The Designated City Official with whom the Lobbying occurred; and
2. For whom the Lobbying was conducted; and
3. A brief description of twenty (20) words or less of the subject of the Lobbying; and
4. With regard to the subject of the Lobbying, whether there was a single act or multiple
acts of Lobbying and the approximate total amount of time spent Lobbying per subject
in increments set forth in Subsection 5, below.
5.4.Time spent Lobbying shall be reported in increments of:
a. One (1) hour or less;
b. More than one (1) hour, but less than five (5) hours;
c. Five (5) hours or more but less than ten (10) hours; or
d. Ten (10) hours or more.
2. Any Lobbyist that discovers incomplete or inaccurate information in a quarterly report filed
under this Section shall file an amended quarterly report with the City Clerk within ten (10)
calendar days of the discovery disclosing all information necessary to make the report
complete and accurate.
I. Termination of Lobbyist Status. A registered Lobbyist is shall be deemed to be a Lobbyist
Member Gertsen Proposed Edits
Page 34 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
11
for purposes of this Chapter until such time as the Lobbyist at person or entity files a
declaration with the City Clerk attesting to the termination of Lobbying services within the
City, along with a final report summarizing their Lobbying activities as set forth Subsection H,
beginning with the day after the period end on the most recent report filed through the
termination date. If the Lobbyist had not filed their first quarterly report, the final report will
cover the date they first were required to register through the termination date. The declaration
and final report must be executed on a form prescribed by the City Clerk for that purpose and
must be filed with the City Clerk within thirty (3) calendar days of the termination of a
Lobbyist status.
J. Updates Required Upon Notice from City Clerk. The City Clerk may, but is not required
to, notify a Lobbyist to file an amended registration, registration renewal, quarterly report, or
supplemental report pursuant to this Section. In such case, When any Person is so notified by
the City Clerk to file an amended registration, registration renewal, quarterly report, or
supplemental report pursuant to this Section, the Lobbyist must provide the information within
the time period specified in the notice from the City Clerk. Failure to receive notification from
the City shall not excuse compliance with this Section and shall not be a defense to any action
to enforce the provisions of this Chapter.
K. Under Penalty of Perjury. All documents and reports required of a Lobbyist under this
Chapter must be signed and submitted under penalty of perjury.
2.55.070 Lobbyist-Identification.
Lobbyists must identify themselves and their Client when appearing in a Lobbying capacity at
any meeting with a Designated City Official or at a public meeting of the City Council or any
other City board or commission.. In addition, aAt any public meeting involving Designated
City Officials, of the City Council or any other City board or commission, a Lobbyist must
disclose on the record, prior to addressing such officials, the City Council or any other City
Member Gertsen Proposed Edits
Page 35 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
12
board or commission, whether they have engaged in Lobbying activities involving any
Designated City Officials, within thirty (30) calendar days (30) of the public meeting with
Designated City Officials that are present at the public meeting on a matter on the agenda for
that public meeting, including public comment, by stating that they have met outside of the
aforementioned public meeting with Designated City Officials (naming each one) (does this
include lobbying on any issue or the issue that the public meeting is about?). For example, the
above disclosure may be made as follows: “John Doe, appearing on behalf of Jane Doe on item
X. For the record, I have had contacted with Councilmembers X and Y on this matter within
the last thirty (30) calendar days before this meeting.”
2.55.080 Lobbyist-Prohibited Activities; Restriction
Lobbyists shall not engage in Lobbying unless they are registered with the City Clerk, as
required by Section 2.55.060, are current with any required reporting, and have paid any and
allall fees and fines required or imposed pursuant to this Chapter.
2.55.090 Administration by the City Clerk.
The City Clerk shall:
1. Subject to review and approval by the City Attorney, create all forms and
explanatory materials, and adopt all reasonable and necessary policies or procedures to
implement this Chapter. The City Clerk may require electronic filing of registration,
required reports, complaints, or other documents.
2. Provide annual reports to the Mayor and City Council on the following: (1) Lobbyist
registrations; (2) pending complaints and enforcement proceedings under this Chapter;
and (3), if determined appropriate by the City Clerk, provide any recommendations for
amendments of this Chapter to improve administration of this Chapter.
3. Inspect or cause to be inspected all filings for completeness. The City Clerk may refuse
to accept any filing that is incomplete. The City Clerk may notify, or cause to be notified,
Member Gertsen Proposed Edits
Page 36 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
13
any person submitting an incomplete filing to file an amended registration, quarterly
report, or supplemental report and the date upon which it must be filed.
4. The City Clerk shall accept complaints of violations of this Chapter and refer them to the
Enforcement Authority in accordance with Section 2.55.100, with a copy to the City
Attorney’s Office.
5. The City Clerk shall refer to the Enforcement Authority any person who has failed to file
any required registration, report, or amendment, or make payment of any fee or fine,
following two notices being sent by the City Clerk.
6. The City Clerk shall retain for a period of four years from date of filing of the records
with the City Clerk required registration forms and quarterly reports.
6.7.In addition to any other requirement of this division, every lobbying entity shall retain for
a period of five years all books, papers, and documents necessary to substantiate the
quarterly disclosure reports required to be made under this division.
2.55.100 Complaint Review and Enforcement.
A. The Enforcement Authority is shall be responsible for the investigatingion of alleged
violations of this Chapter, and may refer matters to the City Attorney, District Attorney, or other
law enforcement agency.
B. Complaints of violations of this Chapter must be: (1) in writing on a form prescribed by the
City Clerk; (2) sworn under penalty of perjury by the complainant; and (3) filed by either (i) an
owner or operator of a business located in the City of Chula Vista or (ii) a resident of the City of
Chula Vista. The complaint shall be filed with the City Clerk and include evidence to the
satisfaction of the City Clerk that the complainant is (i) an owner or operator of a business
located in the City of Chula Vista, or (ii) a resident of the City. The complaint shall state a full
recitation of all facts that are alleged to constitute a violation of this Chapter. If a complaint does
not comply with these requirements, the City Clerk shall not forward the complaint to the
Enforcement Authority, butAuthority but shall instead notify the complainant and provide the
basis as to why it is insufficient for filing. Is there a time requirement to file a complaint?
Member Gertsen Proposed Edits
Page 37 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
14
C. If the complaint is sufficient, within five (5) business days of receipt, the City Clerk shall
forward the complaint to the Enforcement Authority for a probable cause determination. A
probable cause determination means that the Enforcement Authority has found that there are
facts and circumstances of a reasonably trustworthy nature sufficient to justify a person of
reasonable caution or prudence to believe that Sections 2.55.060, 2.55.070, or 2.55.080 of this
Chapter were violated. The Enforcement Authority must make a probable cause determination
within thirty (30) calendar days of receiving the complaint from the City Clerk. If no probable
cause is determined to exist, the complaint shall be dismissed summarily and involved parties
shall be notified of the dismissal in writing. The above time frames are directory, not mandatory,
and shall not be a basis to dismiss a complaint.
D. If probable cause is determined to exist, the Enforcement Authority shall refer the complaint
as follows:
1. If the Enforcement Authority determines that civil or administrative remedies are
appropriate, the Enforcement Authority shall refer the complaint to the City Attorney, who, in
turn, shall forward the complaint to the next Enforcement Authority on the special counsel panel,
who will then take further investigatory and procedural steps necessary to resolve the matter
(what does this mean-can it be more specific?). If the subsequent special counsel, upon further
investigation or review, determines that criminal prosecution is warranted, they may refer the
matter to the District Attorney.
2. The Enforcement Authority may refer a violation for criminal prosecution after
consideration of the following factors: (1) whether the violation was knowing or willful; (2) the
severity of the violation; (3) the frequency of violations; (4) efforts to correct violations; (5)
whether the violation was negligent or inadvertent; or (6) other considerations the Enforcement
Authority determines is relevant in their decision making process. The aforementioned
consideration of factors is directory, not mandatory, and shall not constitute a defense to any
criminal charges brought under this Chapter nor preclude the initiation of any criminal
prosecution. If the Enforcement Authority determines that criminal prosecution is appropriate,
it shall refer the matter to the City Attorney, who, in turn, shall forward the complaint to the
District Attorney for further handling. Violations of this Chapter forwarded to the District
Attorney for handling shall not be subject to any further action by the Enforcement Authority.
Member Gertsen Proposed Edits
Page 38 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
15
F. The special counsel, serving as the Enforcement Authority, may investigate and may institute
legal action to compel compliance or to prevent further violations of this Chapter. If the
allegation contained in the complaint is also a violation of state law, the Enforcement Authority
shall not investigate but, rather, shall forward the complaint to an appropriate enforcement
agency.
G. Criminal prosecution for violations of this Chapter must be commenced within one (1) year
after the date on which the violation occurred.
H. Civil prosecution for violation of this Chapter must be commenced within four (4) years after
the date on which the violation occurred. No administrative action alleging a violation of any of
the provisions of this Chapter shall be commenced more than four years after the date on which
the violation occurred. If the person alleged to have violated a provision of this Chapter engages
in the fraudulent concealment of his or her acts or identity, the four-year period for civil and
administrative actions shall be tolled for the period of concealment. For purposes of this
subdivision, “fraudulent concealment” means the person knows of material facts related to his or
her duties under this Chapter and knowingly conceals them in performing or omitting to perform
those duties, for the purpose of defrauding the public of information to which it is entitled under
this Chapter.
I. If the District Attorney determines that no violation occurred, the Enforcement Authority, who
referred the matter to the District Attorney, may review the complaint and, if necessary, conduct
further investigation to determine if there is probable cause to find that the complainant
committed perjury. If such probable cause exists, the enforcement authority shall forward the
complaint to the District Attorney for prosecution for perjury.
J. The Enforcement Authority may consult with the City Clerk, City Manager, or City Attorney
on matters, including but limited to, the complaint, this Chapter, or City practices or procedures.
K. Special counsel, serving as the Enforcement Authority, shall be immune to liability for
enforcement of this Chapter.
L. If a violation of this Chapter is observed by the City Clerk, City Manager, or City Attorney,
they may file a complaint in writing and refer the matter to the Enforcement Authority for
enforcement and prosecution. The requirements of Subsection B of this Section shall not apply
to a complaint filed pursuant to this Subsection L.
M. The following remedies shall be available for violations of Sections 2.55.060, 2.55.70, or
Member Gertsen Proposed Edits
Page 39 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
16
2.55.080 of this Chapter:
1. Criminal Penalties. Any person who violates Sections 2.55.060, 2.55.070, or 2.55.080
is guilty of a misdemeanor and is subject to the provisions of Chapter 1.20 of this Code;
2. Civil Actions. The enforcement authority may bring a civil action against any person
who violates Sections 2.55.060, 2.55.070, or 2.55.080 of this Chapter, and/or may seek
injunctive relief in the courts to enjoin violations of or to compel compliance with the
provisions of this Chapter; or
3. Administrative Remedies. In addition to or in lieu of civil action, the provisions of
Section 1.41.100 [Administrative Citations] of this Code are applicable to any violation
of Sections 2.55.060, 2.55.070, 2.55.080 of this Chapter. The Enforcement Authority may
issue a written warning for minimal or inadvertent violations as an administrative
remedy. Appeals pursuant to Chapter 1.40 of an administrative fine issued under this
Subsection (M) (3) may be heard by a hearing officer selected by the City Manager.
2.55.105 Board of Ethics Review.
A. The Board of Ethics shall review the below listed information provided by the City Clerk and
prepare an annual report to be presented to the City Council and available to the public regarding
the following:
1. Number of Lobbyist, Lobbyist Business, and Clients, including an analysis of the extent
of Lobbying conducted by each;
2. An analysis of the types of matters Lobbied upon, including which and to what extent
Lobbyist, Lobbyist Businesses, and Clients Lobbied (or engaged a Lobbyist) to influence
such matters;
3. An analysis of fees or fines imposed, including the basis for such fines and fees, if
waivers were provided and the basis for such waiver, and the identification of Lobbyists
that have repeated fines or violations;
4. An analysis of Complaints filed, including types of violations and actions taken by the
Enforcement Authority;
5. Any other matter that the Board of Ethics determines is pertinent to the administration of
this Chapter; and
6. Recommendations regarding improving administration of this Chapter.
Prior to the issuance of the aforementioned annual report, the Board of Ethics shall conduct a
public hearing to receive information regarding the administration of this Chapter. Information
from the public hearing may be included in the annual report. The report shall be issued on or
Member Gertsen Proposed Edits
Page 40 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
17
before March 15 of each year and shall cover the preceding calendar year.
B. The City Clerk shall provide to the Board of Ethics the following information on a quarterly
basis:
1. Registration Reports;
2. Quarterly Reports;
3. Information regarding fines and fees assessed; and
4. Information regarding complaints of violations
2.55. 110 Implementation Date.
The registration, reporting and other requirements of this Chapter shall apply to Lobbying
occurring on or after 30 calendar days after final approval of the ordinanceDecember 1, 2025,
referred to as the Implementation Date. Lobbying that occurs prior to the Implementation Date of
this Chapter shall not be considered for purposes of the registration, reporting and other
requirements of this Chapter.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Member Gertsen Proposed Edits
Page 41 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
18
Presented By: Approved as to form by:
_____________________________________ ____________________________________
[INSERT DEPARTMENT HEAD NAME] Marco Verdugo
[INSERT DEPARTMENT HEAD TITLE] City Attorney
Member Gertsen Proposed Edits
Page 42 of 46
City of Chula Vista Board of Ethics
July 15, 2026 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 3617, passed February 10, 2026.
Page 43 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
The Chula Vista Municipal Code is current through Ordinance 3617, passed February 10, 2026.
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 3617, passed February 10, 2026.
Page 44 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
Page 1 of 2
Board of Ethics
Annual Activity Report
Fiscal Year 2025-26
Highlights of Activities
Elected Chair Salas and Vice Chair Hurst.
Selected and appointed Board of Ethics members to serve on a panel that reviewed
applications, interviewed applicants and then selected a single applicant to nominate for
a position with the Board of Ethics. Presented nomination to City Council and then
instituted as a new member on the Board of Ethics.
Filled all vacancies on the Board of Ethics, maintaining a full Board except for minor gaps
of time during the recruitment process.
Edited and updated the Board of Ethics complaint form to improve usability with a more
modern, user-friendly design.
Developed and processed a recruitment searching throughout California for panel
attorneys to serve on the Campaign Contribution Enforcement Authority Panel. Selected
and appointed BOE members to serve on the Campaign Contribution Enforcement
Authority Ad Hoc Sub-Committee, who then reviewed applications and interviewed and
selected four (4) panel members.
Sub-Committee drafted a proposed lobbying ordinance.
Board as a whole, participated in review, discussion, and direction/action on proposed
edits to proposed lobbying ordinance.
Sub-Committee drafted proposed amendments to Code of Ethics ordinance.
Board as a whole, participated in review, discussion, and direction/action on proposed
amendments to Code of Ethics ordinance.
Drafted Ex Parte Communication Policy that Board voted to submit to City Council for
review and implementation. Two Board members plan to present the policy at the City
Council meeting scheduled for May 5, 2026.
Page 45 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda
Page 2 of 2
Subcommittee reviewed Ethics Complaint 2026-01 and determined it met criteria to
grant confidentiality.
Board met and conducted a prima facie review of Complaint 2026-01 and dismissed it
for insufficient prima facie showing.
Board met and conducted a prima facie review of Complaint 2026 -02 and dismissed it
for insufficient prima facie showing.
Received presentation on the roles, duties and procedures of the Board of Ethics on
behalf of the City Attorney’s office.
Comments or Recommendations to the City Council
The Ex Parte Communication Ad Hoc Subcommittee worked diligently over an extended period
to research, discuss, and draft the policy, providing monthly progress updates at the Board of
Ethics meetings throughout the process. On September 17, 2025, the draft policy was referred
to the City Attorney’s Office for review to ensure legal sufficiency and compliance with applicable
laws and regulations. After completing its review, the policy was brought back to the Board of
Ethics on December 17, 2025, where the Board voted to refer the item to the City Council for
review.
Page 46 of 46
City of Chula Vista Board of Ethics
July 15, 2026 Agenda