HomeMy WebLinkAbout2022-05-12 BOE Special Agenda Packet
Date:Thursday, May 12, 2022
Time:5:15 p.m.
Location:City Hall, Bldg. #A, Executive Conference Room #103
276 Fourth Avenue, Chula Vista
The Board of Ethics has transitioned back to holding live, in-person meetings.
Public Comments: Public comments may be submitted to the Board of Ethics in the following ways:
In-Person comments during the meeting. Join us for the Board of Ethics meeting at the time
and location specified on this agenda to make your comments. Please visit
www.chulavistaca.gov/boardmeetings for current mask requirements and other safety
protocols.
•
Submit an eComment. Visit www.chulavistaca.gov/boardmeetings, locate this meeting, and
click on the comment bubble icon. Click on the item you wish to comment on, and then click
on "Leave Comment." The commenting period will close one hour before the meeting. All
comments will be made available to the Board and the public.
•
Mail or email comments. Submit comments via email to BOE@chulavistaca.gov or by mail to
Board of Ethics, 276 Fourth Ave, Chula Vista, CA 91910. Please send comments early; written
comments received within one hour of the meeting may not be distributed until the following
day.
•
Accessibility: Individuals with disabilities are invited to request modifications or accommodations in
order to access and/or participate in a Board of Ethics meeting by contacting the City Attorney's Office
at BOE@chulavistaca.gov (California Relay Service is available for the hearing impaired by dialing
711) at least forty-eight hours in advance of the meeting.
Pages
1.CALL TO ORDER
2.ROLL CALL
Board Members Barragan, Chinn, Salzmann, Torres, and Chair Guerrero
3.PUBLIC COMMENTS
Persons may address the Board on any subject matter within the Board’s jurisdiction
that is not listed as an item on the agenda. State law generally prohibits the Board
from discussing or taking action on any issue not included on the agenda, but, if
appropriate, the Board may schedule the topic for future discussion or refer the
matter to staff. If you wish to comment, please submit comments electronically at:
www.chulavistaca.gov/boardmeetings. or submit an electronic comment per the
instructions on page one of this agenda.
4.ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the
Board and are expected to elicit discussion and deliberation. If you wish to comment
on one of these items, you may do so at www.chulavistaca.gov/boardmeetings. or
submit an electronic comment per the instructions on page one of this agenda.
4.1.Probable Cause Hearing Regarding Complaint 2022-01-A 3
Recommended Action:
The Board make a determination as to Complaint 2022-01-A.
OTHER BUSINESS
5.STAFF COMMENTS
6.CHAIR'S COMMENTS
7.BOARD MEMBERS' COMMENTS
8.ADJOURNMENT
to the regular meeting on May 18, 2022 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.
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Documents provided by City
staff in response to BOE’s
request for additional
information
2022-05-12 BOE Agenda Page 52 of 77
From:Anne Steinberger
To:Megan McClurg
Cc:Stephanie Necochea
Subject:Re: Board of Ethics Inquiry
Date:Friday, May 6, 2022 1:56:09 PM
Greetings,
My responses are below. Please let me know if you need anything else.
Thank you,
Anne Steinberger (she/her)
Marketing and Communications Manager
City of Chula Vista
Office of Communications/City Manager’s Office
276 Fourth Ave., Chula Vista, CA 91910
Cell: (619) 405-6461; Office: (619) 409-5446
From: Megan McClurg
Sent: Friday, May 6, 2022 1:43 PM
To: Anne Steinberger
Cc: Stephanie Necochea
Subject: Board of Ethics Inquiry
Dear Anne,
The Board of Ethics would like to request information from the Office of Communicationsin regard to the attached complaint regarding emails sent by Councilmember Galvez onJanuary 6, 2022 and January 8, 2022. Can you please respond to the following questions:
1. Were the January 6, 2022 and January 8, 2022 emails referenced in the attachedcomplaint run by or coordinated with the Office of Communications prior to beingsent out by Councilmember Galvez?I did not coordinate with Councilmember Galvez or review these emails prior todistribution. The Office of Communications typically does not assistCouncilmembers with their email communication.
1. Does the City make a list of citizen or constituent emails available toCouncilmembers for use?No.
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I appreciate your time and assistance in responding to the Board’s questions. If you couldplease provide your answer via email to me and to Stephanie Necochea (cc’d on thisemail) no later than 5:00pm on Monday, May 9, 2022, it would be greatly appreciated.
Regards,
Megan McClurgDeputy City AttorneyOffice of the City Attorney276 Fourth AvenueChula Vista, CA 91910T (619) 476-2365mmcclurg@chulavistaca.gov
CONFIDENTIALITY NOTICE:This e-mail and any attachments contains information from the Office of the CityAttorney, and are intended solely for the use of the named recipient or recipients. This e-mail may contain privileged attorney/client communications or work product. It maytherefore be protected from unauthorized use or dissemination by the attorney-clientand/or attorney work-product privileges. Any dissemination of this email by anyoneother than an intended recipient is strictly prohibited. If you are not a named recipient,you are prohibited from any further viewing of the e-mail or any attachments or frommaking any use of the e-mail or attachments. If you believe you have received this e-mailin error, notify the sender immediately and permanently delete the e-mail, anyattachments, and all copies thereof from any drives or storage media and destroy anyprintouts of the e-mail or attachments.
2022-05-12 BOE Agenda Page 54 of 77
M E M O R A N D U M
DATE: May 9, 2022
TO: Board of Ethics, City of Chula Vista
VIA: Megan McClurg, Deputy City Attorney
FROM: Edward Chew, Director of Information Technology Services
SUBJECT: Council Member Galvez Ethics Complaint – ITS Response
Executive Summary
Council Member Galvez is not utilizing City equipment or network infrastructure on a large
scale to send out her District newsletters. Although the Council Member did use City email
systems to forward her newsletter to a small number of people, including City staff, the
Council Member’s newsletter is normally sent utilizing a mass email service called Mail
Chimp and not utilizing any City equipment or network infrastructure to produce or send
out in mass.
Discussion
Megan McClurg from the City of Chula Vista City Attorney’s Office contacted me
regarding an ethics complaint filed against Council Member Jill Galvez in regards to two
newsletters that the Council Member had sent out in January of 2022.
I was specifically asked to determine: 1) Were the January 6, 2022 and January 8, 2022
emails from Councilmember Galvez sent using the City’s equipment/server/resources?;
and 2) Where do the embedded links in the emails go to?
Below are my findings.
1) Were the January 6, 2022 and January 8, 2022 emails from Councilmember
Galvez sent using the City’s equipment/server/resources?
In order to ascertain what, if any, City resources were used to create and distribute the
Council Members newsletter, I performed searches across multiple platforms to include
our Email Archiving system, our email security appliance and our web security
appliance during the following dates: January 1 – 15, 2022.
First, I scanned our Email Archiving System for any emails which matched the PDF
versions that were included in the original complaint. I found 11 instances of emails
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which matched the January 6, 2022 email and 5 instances of the January 8th email.
Once I found these emails, I was able to confirm that both of the emails were produced
via a mass emailing service named Mail Chimp. Mail Chimp is a multi-tiered marketing
tool commonly used to promote services and products which includes mass mailings,
website design, etc. In most of the cases of emails found, they were forwarded to
constituents from Council Member Galvez. A few of these emails were to City staff.
Second, I then scanned our email security appliance to see if any large-scale mass
mailings for these particular emails were done. I did not find any evidence that City
equipment/network was used to send out these emails on large scale.
Third, I scanned our web security appliance for evidence that the Council Member
logged into Mail Chimp from City equipment/network. I could not find any evidence to
support that the Council Member had utilized City equipment/network to access Mail
Chimp.
FINDINGS: Council Member Galvez had forwarded copies of her January 6th and
January 8th emails to approximately 16 people. However, City equipment/network was
not utilized to produce the content, nor to conduct the mass mailing of the content.
2) Where do the embedded links in the emails go to?
For the January 6, 2022 newsletter, I created a spreadsheet (Attachment 1) which
shows the original link as shown in the newsletter and the ultimate landing site where
the embedded link was pointing to and a short description of the website. Mail Chimp
uses embedded links which do not give the user a clue as to where the link will
ultimately end up. This is done for a variety of reasons, but primarily to avoid having to
resend emails which had bad links. Mail Chimp customers would change the ultimate
website destination which is associated with the embedded link in their Mail Chimp
portal, and the embedded link in the email remains the same, but the link is fixed on the
backend. There were 69 links included in this email.
I highlighted in YELLOW the two instances of links pointing back to Council Member
Galvez’s personal website. A screen shot of the first instance is included as Attachment
2, and a screen shot of the second instance is included as Attachment 3.
For the January 8, 2022 “** Trash Strike Update **”, I also created a spreadsheet
(Attachment 4) which shows the original link as shown in the newsletter and the ultimate
landing site where the embedded link was pointing to and a short description of the
website. There were 2 links included in this email.
I highlighted in YELLOW the one instance of the link pointing back to Council Member
Galvez’s personal website. Attachement 5 is screenshots of a survey which the link
points to.
FINDINGS: In the January 6th newsletter email, there were two links which went to
Council Member Galvez’s personal website. In the January 8th newsletter/update, there
was one link which went to Council Member Galvez’s personal website (for a survey).
I can be reached at the following email address if there are any questions I can assist
with: echew@chulavistaca.gov
2022-05-12 BOE Agenda Page 56 of 77
Chula Vista District 2, January 2022
Newsletter Links
All links are presented in order from the top of the newsletter to the
bottom excluding social media links and subscription links at bottom
of email.
Links in Email Actual Site location NOTES
View this email in your browser
https://mailchi.mp/7251c
4eb439f/chula-vista-
district-2-january-2022-
newsletter-
jillgalvez?e=48c563246a Mail Chimp Site
went on strike
https://www.cbs8.com/ar
ticle/news/local/sanitatio
n-workers-go-on-strike-
san-diego-chula-vista-
clairemont-mesa-republic-
services-trash-
collection/509-23a944e6-
3eba-45cd-bb47-
ea0d93c835bb CBS 8 Website Article
here
https://ymcasdc.zoom.us/
webinar/register/WN_0w
DrG4RdQhyvOzxhMtxiGQ YMCA Zoom Page
here
https://granicusideas.com
/not-
found?attempt=chulavista Went to previous City website
here
https://www.youtube.co
m/watch?v=3vDWWy4C
MhE Youtube Video
here
https://chulavista.granicu
sideas.com/meetings eComments from our previous Agenda Management Software
here
https://chulavista.granicu
sideas.com/meetings eComments from our previous Agenda Management Software
here
https://www.jillgalvez.co
m/Council Member Jill Galvez personal site
here
https://chulavistacacoc.wl
iinc23.com/events/Chula-
Vista-Mayoral-Candidate-
Forum-1810/details Chula Vista Chamber of Commerce Web Site
HERE
https://www.chulavistaca.
gov/residents/advanced-
components/site-
content/city-calendar City of Chula Vista website calendar of events
ATTACHMENT 1 2022-05-12 BOE Agenda Page 57 of 77
here
https://www.thestarnews
.com/new-districts-
approved/Star News web site
here
https://chulavistaca.us19.l
ist-
manage.com/track/click?
u=e13ac94cedbd4ff6fca5
ddcf3&id=27d9659159&e
=48c563246a
Downloads a PDF of Council Presentation from City of CV staff on Short
Term Vacation Rentals
here
https://chulavistaca.us19.l
ist-
manage.com/track/click?
u=e13ac94cedbd4ff6fca5
ddcf3&id=dc6961a691&e
=48c563246aere Downloads a PDF of City Ordinance
here
https://chulavistaca.us19.l
ist-
manage.com/track/click?
u=e13ac94cedbd4ff6fca5
ddcf3&id=d9c4ae6a25&e
=48c563246a Downloads a PDF of City appointments by Council Member
here
https://www.chulavistaca.
gov/departments/mayor-
council/council-meeting-
agenda Goes to City Website for Agenda Information
here
https://www.chulavistaca.
gov/departments/city-
clerk/city-council-
meetings/council-agenda-
subscription Goes to City Website for Agenda subscription
here
https://www.chulavistaca.
gov/departments/city-
clerk/virtual-meetings Goes to City Website for City Live-Stream of Council meetings
here
https://www.thestarnews
.com/new-districts-
approved/Star News web site
resigned
https://www.cbs8.com/ar
ticle/news/politics/lorena-
gonzalez-resignation-from-
ca-state-assembly/509-
8431bcb5-d5cb-4696-
bd4f-7883490652c0 CBS 8 Website Article
here
https://www.wedrawtheli
nesca.org/final_maps Website on dedistricting
here
https://www.ssa.gov/cola
/Social Security Website
ATTACHMENT 1
2022-05-12 BOE Agenda Page 58 of 77
here
https://pub-
chulavista.escribemeeting
s.com/Meeting.aspx?Id=e
6ba2756-96c5-422b-abe1-
9892f29a01cc&Agenda=P
ostAgenda&lang=English&
Item=34&Tab=attachmen
ts City's webstreaming Agenda management site
here
https://chulavistaca.us19.l
ist-
manage.com/track/click?
u=e13ac94cedbd4ff6fca5
ddcf3&id=b4ebdf3ec4&e=
48c563246a Downloads PDF of shuttle routes
here
https://chulavistaca.us19.l
ist-
manage.com/track/click?
u=e13ac94cedbd4ff6fca5
ddcf3&id=c10ed473b2&e
=48c563246a Downloads PDF of staff report
here
https://www.nbcsandiego
.com/news/local/chula-
vista-looks-to-make-
getting-around-easier-and-
cheaper-for-
seniors/2716557/NBC 7/39 News article
here
https://www.youtube.co
m/watch?v=AJwvY5y9U0
M YouTube Video
here
https://www.sandiegouni
ontribune.com/communiti
es/south-county/chula-
vista/story/2021-10-
17/chula-vista-green-
lights-free-rides-for-
seniors San Diego Union Tribune Website
here
mailto:wastewater@chula
vistaca.gov ?subject=Prop
osed%20Sewer%20Rate%
20Increase Embedded Mailto link
here
https://wheeldepotchulav
ista.com/Wheel Depot website
link
https://www.sandiegocou
nty.gov/content/sdc/gran
djury/complaint_form.ht
ml County Grand Jury Website
here
https://www.sandiegocou
nty.gov/grandjury/County Grand Jury Website
ATTACHMENT 1 2022-05-12 BOE Agenda Page 59 of 77
link
https://www.jillgalvez.co
m/city-council-
newsletters Council Member Jill Galvez personal site
here
https://www.sandiegouni
ontribune.com/communiti
es/south-county/chula-
vista/story/2021-12-
05/little-italys-managers-
have-a-new-vision-for-
third-avenue-in-chula-
vista San Diego Union Tribune Website
here
https://www.kusi.com/fes
tive-holiday-home-in-
chula-vista-features-over-
the-top-decorations/KUSI Website
here
https://www.chulavistaca.
gov/departments/develop
ment-
services/housing/age-
friendly-cv City of Chula Vista website
here
https://www.redcrossbloo
d.org/RedCross website
here
https://www.sandiegoblo
odbank.org/San Diego Blood Bank website
here
https://www.chulavistaca.
gov/residents/coronavirus City of Chula Vista website
here
https://www.sandiegocou
nty.gov/content/sdc/hhsa
/programs/phs/communit
y_epidemiology/dc/2019-
nCoV/vaccines.html County of San Diego website
here https://myturn.ca.gov/CA Dept of Public Health website
link
https://myvaccinerecord.c
dph.ca.gov/State of CA vaccine website
MyTurn https://myturn.ca.gov/CA Dept of Public Health website
here
https://www.sandiegocou
nty.gov/content/sdc/hhsa
/programs/phs/communit
y_epidemiology/dc/2019-
nCoV/testing.html County of San Diego website
here
https://www.chulavistaca.
gov/residents/coronavirus City of Chula Vista website
ATTACHMENT 1
2022-05-12 BOE Agenda Page 60 of 77
here
https://www.fema.gov/di
saster/coronavirus/econo
mic/funeral-assistance FEMA website
here
https://oag.ca.gov/contac
t/consumer-complaint-
against-business-or-
company State of CA Office of Attorney Gen website
City of Chula Vista
https://www.chulavistaca.
gov/residents/coronavirus City of Chula Vista website
County of San Diego
https://www.sandiegocou
nty.gov/coronavirus/County of San Diego website
State of California
https://www.cdph.ca.gov/
Programs/CID/DCDC/Page
s/Immunization/ncov2019
.aspx CA Dept of Public Health website
here
https://camortgagerelief.
org/Mortgage Relief website
here https://acpbenefit.org/FCC website
here
https://www.chulavistaca.
gov/departments/develop
ment-
services/housing/assistan
ce-during-covid-
19/rentalandutility Old City website…link dead
here
https://www.sandiegocou
nty.gov/content/sdc/sdhc
d/erap.html County of San Diego website
here
https://up2sd.org/resourc
es up2sd.org website
HousingIsKey.com HousingIsKey.com HousingIsKey.com wesite
here
https://www.chulavistaca.
gov/departments/develop
ment-
services/housing/assistan
ce-during-covid-
19/rentalandutility Dead link to old City website
here https://sbcssandiego.org/SouthBay Community Services website
here https://housing.ca.gov/State of CA Housing Assistance website
here https://www.lassd.org/Legal Aid of San Diego website
here https://www.c4sa.org/County of San Diego website
here
https://www.governmentj
obs.com/careers/chulavist
a City listing of available jobs
ATTACHMENT 1 2022-05-12 BOE Agenda Page 61 of 77
here
https://www.governmentj
obs.com/careers/chulavist
a City listing of available jobs
here
https://www.chulavistaca.
gov/departments/finance
/selling-to-the-city City of Chula Vista website
here
https://edd.ca.gov/en/Un
employment/Filing_a_Clai
m State of CA website
here
https://sdmts.com/inside-
mts/careers MTS website
here
https://www.marinegroup
bw.com/employment/Marine Group Boatworks website
here
https://www.mmjvgp.co
m/Gaylord website
here
mailto:ProjectInfo@mmjv
gp.com?subject=Chula%2
0Vista%20Gaylord%20Pac
ific%20opportunity Mail To link.
ATTACHMENT 1 2022-05-12 BOE Agenda Page 62 of 77
ATTACHMENT 22022-05-12 BOE Agenda Page 63 of 77
ATTACHMENT 3
2022-05-12 BOE Agenda Page 64 of 77
January 8th, 2022 - **
TRASH STRIKE UPDATE **
Links
All links are presented in order from
the top of the newsletter to the bottom
excluding social media links and
subscription links at bottom of email.
Links in Email Actual Site location NOTES
CustomerServiceCV@Repu
blicServices.com
mailto:CustomerSer
viceCV@RepublicSe
rvices.com MailTo link to Republic Waste
Trash Strike Poll
https://www.jillgalvez
.com/trash-strike Jill Galvez personal website
ATTACHMENT 4 2022-05-12 BOE Agenda Page 65 of 77
ATTACHMENT 5
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