Agenda packet — Costa Mesa City Council, April 7, 2026 (part 3 of 6)

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· Act in the Public Interest
· Comply with the Law
· Conduct of Members
· Respect for Process
· Conduct of Public Meetings
· Decisions Based on Merit
· Communication
· Conflict of Interest
· Gifts and Favors
· Confidential Information
· Use of Public Resources
· Representation of Private Interests
· Advocacy
· Policy role of Members
· Independence of Boards, Commissions, and Committees
· Positive Workplace Environment
· Implementation
· Compliance and Enforcement
· Statement of Commitment
As part of the implementation, the Policy ensures that all elected and appointed officials and employees in covered positions have received a copy of the Code of Ethics and Conduct, and that they understand its provisions, and pledge to conduct their duties in accordance with the code. The code will also be incorporated into the Commissions and Committees Handbook, orientation programs, and other training efforts to further clarify its provisions and application.

Provisions Covered By Existing Laws
Many of the topics covered in the proposed Code are the subject of state, federal and local laws and judicial decisions. Those laws are scattered throughout the United States and California Constitutions, the United States Code, the California Government Code, the California Labor Code, the California Penal Code, the California Code of Regulations, the Fair Political Practices Commission (FPPC) and Attorney General decisions, and the Costa Mesa Municipal Code.

For example, both the United States and California Constitutions contain due process requirements that require decision makers to be fair and impartial in decision making affecting property rights. U.S.

Const., Amend. V, Cal. Const. Art. 1, § 7. The California Constitution and statutes protect the right of privacy of both citizens and employees. See e.g., Cal. Const. Art. 1, § 1; Cal. Civ. Code § 56.20 (confidentiality of medical information). California Labor Code sections provide a number of protections to both public and private employees, including the right to be free of retaliation for complaining of misconduct or providing evidence in connection with such reports. California Labor Code section 1102.5.

The Political Reform Act (Government Code section 81000, et seq.) includes numerous provisions on conflicts of interest stemming from financial interests (Government Code section 87100, et seq.), filing of an annual Statement of Economic Interests (Form 700) (Government Code section 87200, et

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filing of an annual Statement of Economic Interests (Form 700) (Government Code section 87200, et seq.), requires the City to adopt a conflict of interest code (Government Code section 87300, et seq.), and post-employment lobbying (Government Code section 87406.3, covering only elected officials and agency manager). Other statutory provisions regulate participation in decisions affecting campaign donors (Government Code section 84308), prohibition on honoraria (Government Code section 89501, et seq.) and restrictions on gifts (Government Code section 89503). Use of public funds for improper purposes is precluded by Penal Code section 424 and Government Code section 8314. The California Code of Regulations includes many regulations which explain and implement the Political Reform Act. 2 Cal. Code Reg. § 18700, et seq. Both Attorney General Opinions and FPPC decisions provide interpretation and application of the regulations as guidance. In addition, the Costa Mesa Municipal Code contains restrictions on participating in decisions materially affecting financial interests. CMMC § 2-403.

Government Officials are precluded from having a financial interest in a contract made by them or the legislative body of which they are a member, with some exceptions. California Government Code section 1090, et seq. The Ralph M. Brown Act., California Government Code section 54950, et seq., restricts conduct of city business outside of noticed and public meetings, provides for closed sessions and precludes disclosure of confidential information obtained in closed session. Cal. Gov’tCode § 54963. The California Government Code and the Costa Mesa Municipal Code establish a council/manager form of government, in which the City Council makes policy and the policy direction provided by the Council as a body is carried out by the City Manager. Cal. Gov’tCode §§ 34851- 34859; see CMMC § 2-106 (council to deal with administrative matters through City Manager).

Addressing Topics Not Covered by Existing Laws
Civility, respectful communications, relations with commissioners and members of the public, enforcement procedures for non-statutory violations and distribution of a code of conduct are not covered specifically by these various laws. Post-employment advocacy restrictions under existing law apply only to council members and the City Manager. One potential benefit of adopting a Code of Conduct is the collection in a single document of many of the laws and best practices in local government.

The revised draft policy is provided as Attachment 2. Attachment 3 is a blacklined comparison of the draft considered in February to the current draft. Attachment 4 is the current draft policy, which is highlighted to delineate provisions which are reflective of state or federal law.

ALTERNATIVES:

The City Council may adopt the code with changes, not adopt the code or provide alternative direction to staff on the Code of Ethics and Conduct.

FISCAL REVIEW:

There is no fiscal impact associated with the recommended action.

LEGAL REVIEW:

The City Attorney’s Office prepared the revised draft Code of Conduct and this report.

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CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative.

CONCLUSION:

The purpose of this item is to consider approval of a Code of Ethics and Conduct.

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 26-227 Meeting Date: 4/7/2026
TITLE:

CONSIDER APPROVAL OF A CODE OF ETHICS AND CONDUCT
DEPARTMENT: CITY MANAGER’S OFFICE/CITY CLERK DIVISION, CITY ATTORNEY PRESENTED BY: BRENDA GREEN, CITY CLERK
CONTACT INFORMATION: BRENDA GREEN, CITY CLERK (714) 754-5221 RECOMMENDATION:

Consider approval of a Code of Ethics and Conduct.

BACKGROUND:

The goal of the Code of Ethics and Conduct is to ensure public confidence in the integrity of local government elected and appointed officials. The priority is to establish an ethics code to promote an honest, effective, and accountable city government, encourage high standards of behavior by public officials, and assist with decision-making. The code’sframework is designed to guide public officials in their daily duties to help ensure that they exercise their public responsibilities without conflicts or improprieties, whether actual or perceived.

On July 8, 2025, the Council discussed potential adoption of a Code of Ethics and Conduct, giving direction to staff regarding potential provisions of such a code to be considered at a future City Council meeting for approval. Staff drafted a Code of Conduct for Elected and Appointed Officials modeled on the City of Gardena Code of Ethics and Conduct, but including several provisions from the City of Irvine policy as requested. See Attachment 1 (prior draft).

On February 3, 2026, the City Council considered a draft Code of Ethics and Conduct, and ultimately directed staff to return to City Council on April 7, 2026 with a revised draft.

ANALYSIS:

The intent of the Code of Ethics and Conduct is to achieve fair, ethical, and accountable local government for the City of Costa Mesa. The people of Costa Mesa expect public officials, both elected and appointed, to comply with both the letter and the spirit of the law.

The following are the issue areas addressed and components of the proposed Code of Ethics and Conduct:

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File #: 26-227 Meeting Date: 4/7/2026
· Act in the Public Interest
· Comply with the Law
· Conduct of Members
· Respect for Process
· Conduct of Public Meetings
· Decisions Based on Merit
· Communication
· Conflict of Interest
· Gifts and Favors
· Confidential Information
· Use of Public Resources
· Representation of Private Interests
· Advocacy
· Policy role of Members
· Independence of Boards, Commissions, and Committees
· Positive Workplace Environment
· Implementation
· Compliance and Enforcement
· Statement of Commitment
As part of the implementation, the Policy ensures that all elected and appointed officials and employees in covered positions have received a copy of the Code of Ethics and Conduct, and that they understand its provisions, and pledge to conduct their duties in accordance with the code. The code will also be incorporated into the Commissions and Committees Handbook, orientation programs, and other training efforts to further clarify its provisions and application.

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filing of an annual Statement of Economic Interests (Form 700) (Government Code section 87200, et seq.), requires the City to adopt a conflict of interest code (Government Code section 87300, et seq.), and post-employment lobbying (Government Code section 87406.3, covering only elected officials and agency manager). Other statutory provisions regulate participation in decisions affecting campaign donors (Government Code section 84308), prohibition on honoraria (Government Code section 89501, et seq.) and restrictions on gifts (Government Code section 89503). Use of public funds for improper purposes is precluded by Penal Code section 424 and Government Code section 8314. The California Code of Regulations includes many regulations which explain and implement the Political Reform Act. 2 Cal. Code Reg. § 18700, et seq. Both Attorney General Opinions and FPPC decisions provide interpretation and application of the regulations as guidance. In addition, the Costa Mesa Municipal Code contains restrictions on participating in decisions materially affecting financial interests. CMMC § 2-403.

ALTERNATIVES:

The City Council may adopt the code with changes, not adopt the code or provide alternative direction to staff on the Code of Ethics and Conduct.

FISCAL REVIEW:

There is no fiscal impact associated with the recommended action.

LEGAL REVIEW:

The City Attorney’s Office prepared the revised draft Code of Conduct and this report.

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File #: 26-227 Meeting Date: 4/7/2026
CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative.

CONCLUSION:

The purpose of this item is to consider approval of a Code of Ethics and Conduct.

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ATTACHMENT 1

CITY OF COSTA MESA

CODE OF CONDUCT FOR

ELECTED AND APPOINTED

OFFICIALS

Adopted
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Table of Contents
Table of Contents ............................................................................................................. 2 Introduction ...................................................................................................................... 3 A. ETHICS ....................................................................................................................... 5 B. CONDUCT ................................................................................................................... 8

1. Elected and Appointed Officials' Conduct with Each Other .................................... 8

2. Elected and Appointed Officials' Conduct with City Staff........................................ 9

3. Elected and Appointed Officials' Conduct with the Public .................................... 10

4. Council Conduct with Commission, Committee, or Board Members .................... 11 C. IMPLEMENTATION ................................................................................................... 11 D. COMPLIANCE AND ENFORCEMENT ..................................................................... 12 535
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Introduction

The City of Costa Mesa is a general law city governed by the council/manager form of government. The City Council, with the assistance of its advisory commissions, committees, and boards, makes policies and fundamental governmental decisions; the City Manager is charged with implementing those policies and decisions and administering the day-to-day affairs of the City with the assistance of his/her staff. The City Council has direct authority over the City Manager and the City Attorney; all other employees of the City are under the direct authority of the City Manager.

These standards are adopted to ensure that the Mayor and members of the City Council, as elected representatives, City employees , and appointed Commissioners, are engaged in public service not for private, personal gain, but to advance the interest s of Costa Mesa residents and the entire Costa Mesa community. These standards govern the following Public Officials and City employees: the Mayor; the Mayor Pro Tem; members of the City Council; City Council Executive Assistan ts; the City Manager; Assistant and Deputy City Managers; the City Clerk; Department Directors; Deputy Department Directors; the Police Chief; the Deputy Police Chief; the Fire Chief and Assistant Fire Chiefs; the City Attorney; the Zoning Administrator; the City Engineer; and members of the Planning Commission, the Arts Commission, the Parks and Community Services Commission; and any other commission that is advisory in nature. These positions shall be referred to herein collectively as “the Covered Positions.” The citizens of Costa Mesa are entitled to responsible, transparent, fair, and honest city government that operates in an atmosphere of respect and civility.

Accordingly, the Costa Mesa City Council has adopted this code to:

1. Describe the standards of behavior to which its Elected (hereinafter the term "Elected" refers to the Mayor and City Council) and Appointed (hereinafter the term "Appointed" refers to members of City of Costa Mesa's Commissions, Committees, and Boards, the City Manager and the City Attorney) Officials and high-ranking employees aspire;

2. Provide an ongoing source of guidance to Elected and Appointed Officials and employees in their day-to-day service to the city; and

3. Promote and maintain high ethical standards.

The citizens of Costa Mesa are entitled to have fair, ethical and accountable local government, which has earned the public's full confidence for integrity. In keeping with the City of Costa Mesa's commitment to excellence, the effective functioning of democratic government therefore requires that:
• Elected and Appointed officials comply with both the letter and spirit of the laws and policies affecting the operations of government; • Elected and Appointed officials be independent, impartial and fair in their judgment and actions;
• Public office be used for the public good, not for personal gain; and • Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

This Code addresses selective aspects of the governance of the City and supplements but does not supplant other laws and rules that prescribe the legal responsibilities of the C overed Positions . Those include, among others, the California Constitution, various provisions of the California Government Code 536
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(including the Brown Act and the Political Reform Act) and the California Labor Code, federal laws prohibiting discrimination and harassment, and the provisions of the City's own Municipal Code. Elected and Appointed officials and employees should be familiar with these laws to ensure that they exercise their responsibilities properly.

It is not possible for a code of this kind to anticipate and provide a rule of conduct for all situations. At bottom, it is expected that Elected and Appointed officials and employees in the Covered Positions will manage their behavior in a manner consistent with the rules that follow, respect the chain of command and behave within the bounds of their authority. It is also expected that Elected and Appointed officials will treat each other, City employees, residents and business people with courtesy and respect in a manner that reflects well on the City.

The Ethics section of the City's Code of Conduct offers guidance on matters pertaining to ethical considerations, addressing questions of right and wrong.

1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, Elected and Appointed officials should work for the common good of the people of Costa Mesa and not for any private or personal interest, and provide for the fair and equal treatment of all persons, claims and transactions coming before them. Elected and Appointed officials will serve the community as servant leaders, putting aside self -interest and consider the needs of all residents. Elected and Appointed officials should seek to implement transparency and ethical practices, so as to ensure the public's trust and avoid any perception of wrongdoing.

2. Comply with both the spirit and the letter of the Law and City Policy. Elected and Appointed officials shall comply with the laws of the nation, the State of California and the City of Costa Mesa in the performance of their public duties.

3. Conduct of Elected and Appointed officials. The professional and personal conduct of Elected and Appointed officials while exercising their office should be above reproach and seek to avoid even the appearance of impropriety. Elected and Appointed officials should refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other Elected and Appointed officials of the City Council, of other commissions, committees, or boards of the City, of staff or the public.

4. Conduct at Public Meetings. Elected and Appointed officials should prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand.

5. Decisions Based on Merit. Elected and Appointed officials should base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.

6. Conflicts of Interest.

a. Elected and Appointed officials should seek to ensure their independence and impartiality on behalf of the common good, and their compliance with conflict-of-interest laws. Unless specifically authorized by law, Elected and Appointed officials should not use their official positions to influence government decisions in which they have (a) a material financial interest, (b) a contractual interest, or (c) an impermissible personal bias (a completely closed mind).

b. Elected and Appointed officials who have a potential conflict of interest regarding a particular decision shall disclose the matter to the City Attorney to analyze the potential conflict. If advised by the City Attorney to seek advice from the Fair Political Practices Commission (FPPC) or other appropriate state agency, an Elected or Appointed official should not participate in a decision unless a nd until he or she has requested and receives advice allowing the Elected or Appointed official to participate. An Elected or Appointed official shall diligently pursue obtaining such advice. The Elected or Appointed official shall provide the Mayor and the City Attorney a copy of any of any written request or advice and conform his or her participation to the advice given. In providing assistance to Elected and Appointed officials, the City Attorney represents the city and not individual Elected or Appointed officials.

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c. Each year Elected and Appointed officials shall file a Form 700, which requires the disclosure of designated investments, interests in real property, sources of income and gifts in accordance with the City's conflict of interest code. Where a conflict is determined to exist, the Elected or Appointed official should disclose the conflict, leave the dais during the consideration of the item, and not otherwise seek to influence the decision in any way.

d. Except as provided in California Government Code Section 1090, et seq., no Elected or Appointed official shall have a financial interest in any contract made by the City.

7. City Allegiance and Proper Conduct.

a. Incompatible Employment or Service. Because of their uniquely important, visible, and elevated status and responsibilities as elected officials, the Mayor and members of the City Council, and by extension their Executive Assistants and their appointed Commissioners, shall not engage in comp ensated employment or service for the purpose of lobbying for any private person or organization before any local public agency (county, city or special district) located in the County of Orange or the County of Los Angeles.

1. Paragraph 7a shall not be applicable to lobbying as an in-house employee on behalf of his or her employer (as opposed to a client of the employer).

2. For purposes of paragraph 7a , “lobbying” shall mean any oral or written communication (including an electronic communication) to an official of a local agency other than the City, made directly or indirectly, in an effort to influence or persuade the official to favor or oppose, recommend or not recommend, vote for or against, or take or refrain from taking action on any public policy issue of a discretionary nature pending before the official’s agency, including, but not limited to, proposed action, or proposals for action, in the form of ordinances, resolutions, motions, recommendations, reports, regulations, policies, nominations, appointments, sanctions, and bids, including the adoption of specifications, awards, grants, or contracts.

b. Interest in City contracts . Individuals in Covered Positions shall not have a personal investment or monetary interest in any contract made by the City, except contracts relating to the performance of their official City duties.

c. Knowledge of and agreement to abide by provisions . Individuals in Covered Positions shall at the time of their election or appointment or upon the effective date of this section, whichever occurs later, sign an appropriate form prepared by the City Clerk reciting their knowledge of the provisions of this code of conduct and their agreement to abide by such provisions.

8. Gifts and Favors. Individuals in Covered Positions shall fully comply with the regulations, prohibitions and disclosure requirements set forth under law concerning the receipt of gifts, honorariums, and any other special favors.

Individuals in Covered Positions should refrain from accepting any gifts, favors or promises of future benefits where it might compromise their ability to act in the public's interest.

9. Confidential Information. Elected and Appointed officials must maintain the confidentiality of all closed session information and materials, and any other materials or verbal information which has been identified as being confidential 539
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or privileged. Elected and Appointed officials shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.

10. Use of Public Resources. Elected and Appointed officials shall not use public resources for any personal purpose (e.g., City staff time, equipment, vehicles, supplies or facilities), whether political or otherwise. The use of public resources must always be tied to a valid public purpose.

11. Representation of Private Interests.

a. In keeping with their role as stewards of the public interest, while in office, members of the City Council shall not appear on behalf of the private interests of third parties before the City Council or any other subservient body of the City.

b. For a period of one year after leaving office, members of the City Council are prohibited from making any formal or informal appearances before the City, on behalf of third parties, in exchange for compensation, when it is for the purpose of trying to influence a legislative or administrative action involving a permit, license, grant, contract, or the purchase or sale of goods or property, except in their official role on behalf of another public agency . California Government Code section 87406.3.

12. Advocacy. Elected and Appointed officials should seek to represent the official policies or positions of the City Council, or of their respective commission, committee, or board, to the best of their ability when designated as delegates for that purpose. Whenever an Elected or Appointed official chooses to express their individual opinions on a matter, they should make it clear when those comments do not represent the position of the body of which they are a member or the City of Costa Mesa. Elected and Appointed officials have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention or display endorsements during Council meetings, or commission, committee, or board meetings, or other official City meetings.

13. Policy Role of Elected and Appointed officials. Elected and Appointed officials shall respect and adhere to the Council -Manager structure of the City of Costa Mesa government as outlined in the Costa Mesa Municipal Code. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by City staff, commissions, committees, and boards and the public. Except as provided by the City Code, Elected and Appointed officials shall not interfere with the administrative functions of the City or the professional duties of staff; nor shall they impair the ability to implement Council policy decisions.

14. Positive Workplace Environment. Elected and Appointed officials shall support the maintenance of a positive and constructive workplace environment for City employees and for citizens and businesses dealing with the City. Elected and Appointed officials shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff.

15. Ethics Training: Elected and Appointed officials must comply with the ethics training requirement outlined under Assembly Bill 1234 (California Government Code section 53235).

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B. CONDUCT

The conduct section of the City's Code of Conduct aims to articulate the expected treatment of Elected and Appointed officials towards one another, City staff, constituents, and other individuals encountered while representing the City of Costa Mesa. "Respect" serves as a pervasive and unwavering theme throughout all the conduct guidelines. Elected and Appointed officials are tasked with upholding exemplary behavior consistently. The key principle underlying these guidelines is the demonstration of respect for each individual, employing both words and actions. This emphasis on respect serves as a guiding principle, assisting Elected and Appointed officials in making the right choices, even in the most challenging situations.

1. Elected and Appointed Officials' Conduct with Each Other Elected and Appointed officials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the community. In all cases, this common goal should be acknowledged even though individuals may not agree on every issue.
a. Honor the role of the Mayor or Chairperson in maintaining order It is the responsibility of the Mayor or Chairperson to keep the comments of Elected and Appointed officials on track during public meetings. Elected and Appointed officials should honor efforts by the Mayor or Chairperson to focus discussion on current agenda items. If there is disagreement concerning any matter, those objections should be voiced politely and with reason, following the adopted parliamentary guidelines.
b. Practice civility and decorum in discussions and debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information, are legitimate elements of debate by a free democracy in action. However, free debate does not require nor justify the making of belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. Elected and Appointed officials should endeavor to keep each other accountable for professional decorum. Do not interrupt or speak over others, striving to understand various perspectives and opinions while encouraging cooperation and collaboration.
c. Demonstrate effective problem-solving approaches
Elected and Appointed officials have a public stage and have the responsibility to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. 541
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2. Elected and Appointed Officials' Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed officials who advise the elected officials, and City staff who implement and administer the Council's policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community.
a. Treat all staff as professionals
Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable.
b. Govern, do not direct
The Mayor and Council Members' role is to set policy and not to provide day to day direction to City employees. Questions of City staff and/or requests for additional information shall be directed to the City Manager, unless the City Manager indicates otherwise.
c. Do not disrupt City staff from their jobs
Elected and Appointed officials should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. Elected and Appointed officials should not attend City staff meetings, unless requested by staff.
d. Personnel Matters
Personnel matters must be handled by the C ity Manager and H uman Resources division, working together with the employee and department at issue. Elected and Appointed officials should not get involved in personnel matters, whether to encourage or discourage a particular outcome, or to help investigate a concern. Elected and Appointed officials involvement tends to increase litigation against the City, so it should be avoided. All concerns should be directed to the City Manager, who has the responsibility to investigate and make final decisions in accordance with California law and the City's rules.

e. Never publicly criticize an individual employee
Elected and Appointed officials should never express concerns about the performance of a city employee in public, to the employee directly, or to the employee's manager. Concerns about staff performance should only be made to the City Manager through private correspondence or conversation. Such concerns can then be addressed in accordance with the City's personnel rules. f. Do not retaliate or threaten to retaliate against employees as a result of disagreements over policy recommendations
It is critical to the success of the City that its employees enjoy a workplace free of the fear of retaliation. The C ity takes great pride in its creativity and its receptivity to new and different ideas; creativity is fostered by an open and nonjudgmental atmosphere where candor is not penalized. City employees are hired to offer t heir professional judgments and opinions. Elected and Appointed officials are certainly free to disagree with those judgments; indeed, those officials ultimately may have the final word. But those disagreements must not extend to threats or generate fear of reprisal. Elected and Appointed officials enjoy substantial authority within City Hall; this authority must not be exercised in a manner that intimidates staff and degrades morale with resulting damage to the fabric of the organization.

g. Do not get involved in administrative functions
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Elected and Appointed officials acting in their individual capacity should not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits.
h. Do not solicit political support from staff
Elected and Appointed officials should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, other campaign-related assistance, etc.) from City staff while they are working.

City staff have the constitutional right to support political candidates of their own choosing, but all such activities must be done on the employee's own time, away from the workplace, and not in uniform.
i. No Attorney-Client Relationship
The City Attorney represents the city and not any individual Elected or Appointed official.

3. Elected and Appointed Officials' Conduct with the Public Making the public feel welcome is an important part of the democratic process.

4. Council Conduct with Other Commission, Committee, or Board Members

The City Council has established certain commissions, committees, and boards as a means to assist the Council in making decisions, and in gathering more community input. Citizens who serve as members of the City's various commissions, committees, and boards, become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City's leadership and should be treated with appreciation and respect. a. If attending a Commission, Committee, or Board meeting, be careful to only express personal opinions
Council Members may attend any commission, committee, or board meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation could be viewed as unfairly affecting the process.
b. Limit contact with Commission, Committee, and Board members to questions of clarification
It is acceptable for Council Members to contact commission, committee, or board members. However, it would be inappropriate to lobby one of these members on behalf of an individual, business, or developer, and vice versa. c. Be respectful of diverse opinions
A primary role of commission, committee, and board members is to represent the many points of view in the community, and to provide the Council with advice based on a full spectrum of concerns and perspectives. Council Members may have a closer working relationship with some individual members, but they should be fair and respectful of every citizen who chooses to serve as a member of one of the City's commissions, committees, or boards.

d. Keep political support away from public fora
Commission, committee, and board members have the right to offer their political support to a Council Member in their private capacity, but not while conducting official City duties. Likewise, Council Members may support any commission, committee, or board member who may be running for office, but such support should not be expressed during the course of any City funded meeting.

C. IMPLEMENTATION

1. The Costa Mesa Code of Conduct expresses standards of ethical conduct expected for the Mayor, Costa Mesa City Council, members of commissions, committees, boards, and all Covered Positions. In addition, all Elected and Appointed officials and designat ed employees shall be required to take all training mandated by law, including AB 1234 training and AB 1661 training.

City officials and employees themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. It will be most effective when City officials and employees are thoroughly familiar with the expressed standards and embrace them.

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3. F ollowing its adoption, the City Clerk shall provide all current Elected and Appointed Officials with a copy of the newly adopted Code of Conduct and all current Elected and Appointed Officials will be asked to sign a statement acknowledging they have read and understand the Code of Conduct. The City Clerk shall provide a copy of the Code of Conduct to candidates for Mayor, City Council, and applicants to Commissions, Committee, and Boards. The City Clerk shall provide a copy of the Code of Conduct to all Elected and Appointed Officials upon entering office and all individuals in Covered Positions will be asked to sign a statement (example below) acknowledging they have read and understand the Code of Conduct.

Example:

D. COMPLIANCE AND ENFORCEMENT
Elected and Appointed officials themselves have the primary responsibility to ensure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chairs of commissions, commit Stees and boards and the Mayor have the additional responsibility to intervene when Elected and Appointed officials' actions appear to be in violation of the Code of Conduct or when these actions are brought to their attention.

1. A violation of the provisions of this Code of Conduct shall not be considered and shall not constitute a basis for challenging the validity of any decision by the City Council or any other body or agency of the City.

2. All suspected violations of this Code that also pertain to provisions of the Political Reform Act (California Government Code section 81000, et seq.) should be reported to the Fair Political Practices Commission of the State of California.

3. All suspected violations of this Code that may independently constitute criminal offenses, including those outside of the purview of the Fair Political Practices Commission, should be reported to the Office of the Orange County District Attorney.

I affirm that I have read and understand the City of Costa Mesa Code of Conduct for Elected and Appointed Officials, and covered City Employees.

Name: __________________________ Position: _____________________

Signature: Date: __________________

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b. Alleged violations committed by som eone in a Covered Position should be reported in writing to the City Manager or his/her designee. Upon receipt of the report, the City Manager, or his/her designee, shall commence an investigation to determine whether the alleged violation is substantiated. The City Manager, or his/her designee, shall discuss the matter with the person who is the subject of the allegation, advising such person of the alleged violation. In the event the City Manager, or his/her designee, determines that a violation has occurred, the City Manager may take appropriate action in accordance with applicable City r ules, regulations, and procedures related to employment and/or discipline.
c. In the event that the City Attorney or City Manager (or his or her designee) determines that a violation of this division has occurred, appropriate documentation should be prepared to memorialize the determination.

5. The City Council may impose sanctions on members of commissions, committees, and boards whose conduct does not comply with the City's Code of Conduct such as reprimand or formal censure. In addition, the City Council may also act to remove members of commissions, committees and boards from office or position who violate the provisions of this Code.

6. The City Council may impose sanctions on Elected officials whose conduct does not comply with the City's Code of Conduct such as reprimand or formal censure. Serious violations could lead to additional sanctions as deemed appropriate by the City Council.

City of Costa Mesa

Code of Conduct For
Elected and Appointed Officials

Adopted by Resolution No.
2026-XX
547
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Table of Contents
Table of Contents ............................................................................................................. 2 Introduction ...................................................................................................................... 3 A. ETHICS ....................................................................................................................... 5 B. CONDUCT ................................................................................................................... 8

1. Elected and Appointed Officials' Conduct with Each Other .................................... 8

2. Elected and Appointed Officials' Conduct with City Staff........................................ 9

3. Elected and Appointed Officials' Conduct with the Public .................................... 10

4. Council Conduct with Commission or Committee Members ................................. 11 C. IMPLEMENTATION ................................................................................................... 11 D. COMPLIANCE AND ENFORCEMENT ..................................................................... 12 548
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Introduction

The City of Costa Mesa is a general law city governed by the council/manager form of government. The City Council, with the assistance of its advisory commissions and committees, makes policies and fundamental governmental decisions; the City Manager is charged with implementing those policies and decisions and administering the day-to-day affairs of the City with the assistance of his/her staff. The City Council has direct authority over the City Manager and the City Attorney; all other employees of the City are under the direct authority of the City Manager.

These standards are adopted to ensure that the Mayor and members of the City Council, as elected representatives, City employees, and appointed Commissioners, are engaged in public service not for private, personal gain, but to advance the interest of Costa Mesa residents and the entire Costa Mesa community. These standards govern the following Public Officials and City employees: the Mayor; the Mayor Pro Tem; members of the City Council; the City Manager; Assistant and Deputy City Managers; the City Clerk; Department Directors; Deputy Department Directors; the Police Chief; the Deputy Police Chief; the Fire Chief and Deputy Fire Chiefs; the City Attorney; the Zoning Administrator; the City Engineer; and members of the Planning Commission, the Arts Commission, the Parks and Community Services Commission; and any other committee that is advisory in nature. These positions shall be referred to herein collectively as “the Covered Positions.”
The citizens of Costa Mesa are entitled to responsible, transparent, fair, and honest city government that operates in an atmosphere of respect and civility.

Accordingly, the Costa Mesa City Council has adopted this code to:

1. Describe the standards of behavior to which its Elected (hereinafter the term "Elected" refers to the Mayor and City Council) and Appointed (hereinafter the term "Appointed" refers to members of City of Costa Mesa's Commissions and Committees, the City Manager and the City Attorney) Officials and high ranking employees aspire;

2. Provide an ongoing source of guidance to Elected and Appointed Officials and employees in their day-to-day service to the city; and

3. Promote and maintain high ethical standards.

The citizens of Costa Mesa are entitled to have fair, ethical and accountable local government, which has earned the public's full confidence for integrity. In keeping with the City of Costa Mesa's commitment to excellence, the effective functioning of democratic government therefore requires that:
• Elected and Appointed officials comply with both the letter and spirit of the laws and policies affecting the operations of government; • Elected and Appointed officials be independent, impartial and fair in their judgment and actions;
• public office be used for the public good, not for personal gain; and • public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

This Code addresses selective aspects of the governance of the City and supplements but does not supplant other laws and rules that prescribe the legal responsibilities of the Covered Positions. Those include, among others, the California Constitution, various provisions of the California Government Code 549
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(including the Brown Act and the Political Reform Act) and the California Labor Code, federal laws prohibiting discrimination and harassment, and the provisions of the City's own Municipal Code. Elected and Appointed officials and covered employees should be familiar with these laws to ensure that they exercise their responsibilities properly.

It is not possible for a code of this kind to anticipate and provide a rule of conduct for all situations. It is expected that Elected and Appointed officials and employees in the Covered Positions will manage their behavior in a manner consistent with the rules that follow, respect the chain of command and behave within the bounds of their authority. It is also expected that Elected and Appointed officials will treat each other, City employees, residents and business people with courtesy and respect in a manner that reflects well on the City.

The Ethics section of the City's Code of Conduct offers guidance on matters pertaining to ethical considerations, addressing questions of right and wrong.

1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, officials in the Covered Positions (“Officials”) should work for the common good of the people of Costa Mesa and not for any private or personal interest, and provide for the fair and equal treatment of all persons, claims and transactions coming before them. Officials will serve the community as servant leaders, putting aside self-interest and consider the needs of all residents. Officials should seek to implement transparency and ethical practices, so as to ensure the public's trust and avoid any perception of wrongdoing.

2. Comply with both the spirit and the letter of the Law and City Policy. Officials shall comply with the laws of the United States of America, the State of California and the City of Costa Mesa in the performance of their public duties.

3. Conduct of Officials in Covered Positions. The professional and personal conduct of Officials while exercising their office should be above reproach and seek to avoid even the appearance of impropriety. Officials should refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other Officials of the City Council, of other commissions or committees of the City, of staff or the public.

4. Conduct at Public Meetings. Officials should prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand. Officials should limit their use of electronic devices during meetings.

5. Decisions Based on Merit. Officials should base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.

6. Conflicts of Interest.

a. Officials should seek to ensure their independence and impartiality on behalf of the common good, and their compliance with conflict-of-interest laws. Unless specifically authorized by law, Officials should not use their official positions to influence government decisions in which they have (a) a material financial interest, (b) a contractual interest, or (c) an impermissible personal bias (a completely closed mind).

b. Officials who have a potential conflict of interest regarding a particular decision shall disclose the matter to the City Attorney to analyze the potential conflict. If advised by the City Attorney to seek advice from the Fair Political Practices Commission (FPPC) or other appropriate state agency, an Official should not participate in a decision unless and until he or she has requested and receives advice allowing the Official to participate. An Official shall diligently pursue obtaining such advice. The Official shall provide the Mayor and the City Attorney a copy of any written request or advice and conform his or her participation to the advice given. In providing assistance to Officials, the City Attorney represents the city and not individual Officials.

c. Each year Officials in the Covered Position shall file a Form 700, which requires the disclosure of designated investments, interests in real property, sources of income and gifts in accordance with the City's conflict of interest code. Where a conflict exists, the Official must disclose the conflict, leave the 551
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dais during the consideration of the item, and not otherwise seek to influence the decision in any way.

d. Except as provided in California Government Code section 1090, et seq., no Official shall have a financial interest in any contract made by the City, except contracts relating to the performance of their official City duties.

7. City Allegiance and Proper Conduct.

a. Any person in a Covered Position who is employed by another governmental entity or a non-profit, or has an interest in their spouse’s employment with a governmental entity or a non-profit shall disclose such employment or interest in a spouse’s employment at the time such employment or interest commences, and again any time that official’s or spouse’s employer is involved in any City Council action or proposed action, even if such employment or interest in a spouse’s employment does not prohibit participation by the affected Official under state or local law.

b. Political Influence Prohibited. It is unlawful for any person in a Covered Position to use or promise to use his influence or official authority to secure any appointment or prospective appointment, to any position in the service of the City as a reward or return for personal or partisan political service.

c. Knowledge of and agreement to abide by provisions. Individuals in Covered Positions shall at the time of their election or appointment or upon the effective date of this section, whichever occurs later, sign an appropriate form prepared by the City Clerk reciting their knowledge of the provisions of this code of conduct and their agreement to abide by such provisions.

Individuals in Covered Positions should refrain from accepting any gifts, favors or promises of future benefits where it might compromise their ability to act in the public's interest.

9. Confidential Information. Officials must maintain the confidentiality of all closed session information and materials, and any other materials or verbal information which has been identified as being confidential or privileged.

Officials shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.

10. Use of Public Resources. Officials shall not use public resources for any personal purpose (e.g., City staff time, equipment, vehicles, supplies or facilities), whether political or otherwise. The use of public resources must always be tied to a valid public purpose.

11. Representation of Private Interests.

12. Advocacy. Officials should seek to represent the official policies or positions of the City Council, or of their respective commission or committee, to the best of their ability when designated as delegates for that purpose. Whenever an Official chooses to express their individual opinions on a matter, they should make it clear when those comments do not represent the position of the body of which they are a member or the City of Costa Mesa. Individual officials have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention or display endorsements during Council meetings, or commission or committee meetings, or other official City meetings.

13. Policy Role of Elected and Appointed officials. Officials shall respect and adhere to the Council-Manager structure of the City of Costa Mesa government as outlined in the Costa Mesa Municipal Code. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by City staff, commissions and committees and the public. Except as provided by the City Code, Elected and Appointed officials shall not interfere with the administrative functions of the City or the professional duties of staff; nor shall they impair the ability to implement Council policy decisions.

14. Positive Workplace Environment. Officials shall support the maintenance of a positive and constructive workplace environment for City employees and for citizens and businesses dealing with the City. Officials shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff.

15. Ethics Training: Officials must comply with the ethics training requirement outlined under Assembly Bill 1234 (California Government Code section 53235).

16. Nepotism: The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the second degree of any one or more of the members of such Council and neither shall any department head or other officer having appointive power appoint any relative within such degree to any such position.

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B. CONDUCT

The conduct section of the City's Code of Conduct aims to articulate the expected treatment of Officials towards one another, City staff, constituents, and other individuals encountered while representing the City of Costa Mesa. "Respect" serves as a pervasive and unwavering theme throughout all the conduct guidelines.

Elected and Appointed officials are tasked with upholding exemplary behavior consistently. The key principle underlying these guidelines is the demonstration of respect for each individual, employing both words and actions. This emphasis on respect serves as a guiding principle, assisting Officials in making the right choices, even in the most challenging situations.

1. Officials' Conduct with Each Other
Officials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the community. In all cases, this common goal should be acknowledged even though individuals may not agree on every issue.
a. Honor the role of the Mayor or Chairperson in maintaining order.

It is the responsibility of the Mayor or Chairperson to keep the comments of Officials on track during public meetings. Officials should honor efforts by the Mayor or Chairperson to focus discussion on current agenda items. If there is disagreement concerning any matter, those objections should be voiced politely and with reason, following the adopted parliamentary guidelines.

b. Practice civility and decorum in discussions and debate.

Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information, are legitimate elements of debate by a free democracy in action. However, free debate does not require nor justify the making of belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. Officials should endeavor to keep each other accountable for professional decorum. Do not interrupt or speak over others, striving to understand various perspectives and opinions while encouraging cooperation and collaboration.

c. Demonstrate effective problem-solving approaches.

Officials have a public stage and have the responsibility to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole.

a. Treat all staff as professionals.

Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable.
b. Govern, do not direct
The Mayor and Council Members' role is to set policy and not to provide day 554
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to day direction to city employees. Questions of City staff and/or requests for additional information shall be directed to the City Manager or the appropriate Department Head, unless the City Manager or Department Head indicates otherwise. Council Members may pass on constituent concerns directly to staff designated by the City Manager or Department Head for such purposes.
c. Do not disrupt City staff from their jobs.

Officials should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. Elected and Appointed officials should not attend City staff meetings, unless requested by staff.
d. Personnel Matters
Personnel matters must be handled by the City Manager and Human Resources division, working together with the employee and department at issue, and if necessary, the City Attorney. Other Officials should not get involved in personnel matters, whether to encourage or discourage a particular outcome, or to help investigate a concern. Officials’ inappropriate involvement tends to increase litigation against the City, so it should be avoided. All concerns should be directed to the City Manager, who has the responsibility to investigate and make final decisions in accordance with California law and the City's rules.
e. Never publicly criticize an individual employee.

Officials should never express concerns about the performance of a city employee in public, to the employee directly, or to the employee's manager.

Concerns about staff performance should only be made to the City Manager through private correspondence or conversation. Such concerns can then be addressed in accordance with the City's personnel rules. f. Do not retaliate or threaten to retaliate against employees as a result of disagreements over policy recommendations.

It is critical to the success of the City that its employees enjoy a workplace free of the fear of retaliation. The City takes great pride in its creativity and its receptivity to new and different ideas; creativity is fostered by an open and nonjudgmental atmosphere where candor is not penalized. City employees are hired to offer their professional judgments and opinions. Elected and Appointed officials are certainly free to disagree with those judgments; indeed, those Officials ultimately may have the final word. But those disagreements must not extend to threats or generate fear of reprisal.

Elected and Appointed officials enjoy substantial authority within City Hall; this authority must not be exercised in a manner that intimidates staff and degrades morale with resulting damage to the fabric of the organization. g. No disciplinary action or retaliation shall be taken against any employee for reporting in good faith a perceived issue, problem, concern or violation. Additionally, no reprisal shall be taken against any officer or employee who participates as a witness during the course of an investigation.
h. Do not get involved in administrative functions.

Elected and Appointed officials should not solicit any type of political support 555
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(financial contributions, display of posters or lawn signs, name on support list, other campaign-related assistance, etc.) from City staff while they are working. City staff have the constitutional right to support political candidates of their own choosing, but all such activities must be done on the employee's own time, away from the workplace, and not in uniform.
j. No Attorney-Client Relationship
The City Attorney represents the city and not any individual Elected or Appointed official.

3. Officials' Conduct with the Public
Making the public feel welcome is an important part of the democratic process.

While questions of clarification may be asked, the Official's primary role during public testimony is to listen. Officials should seek to demonstrate active listening and interest in each speaker's presentation, and to avoid any negative body language. This includes refraining from use of personal electronic devices during meetings to engage in work, or to communicate with members of the public or other decision making officials about an item on the agenda.
b. Be fair and equitable in allocating public hearing time to individual speakers.

c. No official or employee shall encourage, make or accept any ex parte or other unilateral application or communication that excludes the interests of other parties in a matter under consideration when such application or communication is designed to influence the official decision or conduct of the official or other officials, employees or agencies in order to obtain a more favored treatment or special consideration to advance the personal or private interests of him/herself or others. The purpose of this provision is to guarantee that all interested parties to any matter shall have equal opportunity to express and represent their interests. Any written ex parte communication received by an official or employee in matters where all interested parties should have an equal opportunity for a hearing shall be made a part of the record by the recipient. Any oral ex parte communication received under such conditions should be written down in substance by the recipient and also be made a part of the record.
d. Maintain an open mind.

Members of the public deserve an opportunity to influence the thinking of Officials.

556
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e. Ask for clarification, but avoid debate and argument with the public.

f. Be accessible to the public between noticed City meetings to assist them and connect them with staff who can respond to their questions and concerns.

4. Council Conduct with Other Commission or Committee Members

The City Council has established certain commissions and committees as a means to assist the Council in making decisions, and in gathering more community input. Citizens who serve as members of the City's various commissions and committees become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City's leadership and should be treated with appreciation and respect. a. If attending a Commission or Committee meeting, be careful to only express personal opinions.

Council Members may attend any commission or committee meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation could be viewed as unfairly affecting the process.
b. Limit contact with Commission and Committee members to questions of clarification.

It is acceptable for Council Members to contact commission or committee members. However, it would be inappropriate to lobby one of these members on behalf of an individual, business, or developer, and vice versa. c. Be respectful of diverse opinions.

A primary role of commission and committee members is to represent the many points of view in the community, and to provide the Council with advice based on a full spectrum of concerns and perspectives. Council Members may have a closer working relationship with some individual members, but they should be fair and respectful of every citizen who chooses to serve as a member of one of the City's commissions or committees.

d. Keep political support away from public fora.

Commission and committee members have the right to offer their political support to a Council Member in their private capacity, but not while conducting official City duties. Likewise, Council Members may support any commission or committee member who may be running for office, but such support should not be expressed during the course of any City funded meeting.

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C. IMPLEMENTATION

1. The Costa Mesa Code of Conduct expresses standards of ethical conduct expected for the Mayor, Costa Mesa City Council, members of commissions and committees, and all Covered Positions. In addition, all Officials and designated employees shall be required to take all training mandated by law, including AB 1234 training and AB 1661 training.

2. The provisions of this Code of Conduct express standards of ethical conduct expected for City officials and employees. As an expression of such standards, the provisions of this Code are intended to be self-enforcing for the most part. City officials and employees themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. It will be most effective when City officials and employees are thoroughly familiar with the expressed standards and embrace them.

3. Following its adoption, the City Clerk shall provide all current Officials in Covered Positions with a copy of the newly adopted Code of Conduct and all current Officials will be asked to sign a statement acknowledging they have read and understand the Code of Conduct. The City Clerk shall provide a copy of the Code of Conduct to candidates for Mayor, City Council, and applicants to Commissions and Committee. The City Clerk shall provide a copy of the Code of Conduct to all Elected and Appointed Officials upon entering office and all individuals in Covered Positions will be asked to sign a statement (example below) acknowledging they have read and understand the Code of Conduct.

Example:

I affirm that I have read and understand the City of Costa Mesa Code of Conduct for Elected and Appointed Officials, and covered City Employees.

Name: Position:

Signature: Date: _

D. COMPLIANCE AND ENFORCEMENT
Officials themselves have the primary responsibility to ensure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chairs of commissions and committees and the Mayor have the additional responsibility to intervene when Elected and Appointed officials' actions appear to be in violation of the Code of Conduct or when these actions are brought to their attention.

b. Alleged violations committed by an individual in a Covered Position other than the City Council, Commission members or the City Manager should be reported in writing to the City Manager or his/her designee. Upon receipt of the report, the City Manager, or his/her designee, shall commence an investigation to determine whether the alleged violation is substantiated. The City Manager, or his/ her designee, shall discuss the matter with the person who is the subject of the allegation, advising such person of the alleged violation. In the event the City Manager, or his/her designee, determines that a violation has occurred, the City Manager may take appropriate action in accordance with applicable City rules, regulations, and procedures related to employment and/or discipline.

c. In the event that the City Attorney or City Manager (or his or her designee) determines that a violation of this division has occurred, appropriate documentation should be prepared to memorialize the determination.

5. The City Council may impose sanctions on members of commissions and committees whose conduct does not comply with the City's Code of Conduct such as reprimand or formal censure. In addition, the City Council may also act to remove members of commissions and committees from office or position who violate the provisions of this Code, in accordance with the requirements contained in the Costa Mesa Municipal Code.

b. Prior violations by the same individual
c. Other factors which bear upon the seriousness of the violation (failure to comply with the laws of the United States of America, State of California, and the City of Costa Mesa in the performance of their public duties, etc.) 559
Attachment 3
City of Costa Mesa
Code of Conduct For
Elected and Appointed Officials
Adopted by Resolution No.
2026-XX
560
Table of Contents
Table of Contents. .2
Introduction. .3
A.ETHICS. .5
B. CONDUCT . .8

4. Elected and Appointed Officials' Conduct with Each Other.. .8

2. Elected and Appointed Officials' Conduct with City Staff. .9

3. Elected and Appointed Officials' Conduct with the Public. .10

4. CouncilConductwithCommission.orCommittee.epEleapdMembers.................11 C. IMPLEMENTATION .11
D.COMPLIANCE ANDENFORCEMENT. .12
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561
Introduction
The City of Costa Mesa is a general law city governed by the council/manager form of government. The City Council, with the assistance of its advisory commissions.,and committees, makes policies and fundamental governmental decisions the City Manager is charged with implementing those policies and decisions and administering the day-to-day affairs ofthe City with the assistance of his/her staff. The City Council has direct authority over the City Manager and the City Attorney all other employees of the City are under the direct authority of the City Manager.

These standards are adopted to ensure that the Mayor and members of the City Council, as elected representatives, City employees, and appointed Commissioners, are engaged in public service not for private, personal gain, but to advance the interest of Costa Mesa residents and the entire Costa Mesa community. These standards govern the following Public Officials and City employees: the Mayor the Mayor Pro Tem; members of the City Council; G'%- Council Exacutivt:' ,%aiatants; the City Manager; Assistant and Deputy City Managers the City Clerk Department Directors Deputy Department Directors:
the Police Chief the Deputy Police Chief: the Fire Chief and Deputy Fire Chiefs the City Attorney; the Zoning Administrator; the City Engineer; and members of the Planning Commission, the Arts Commission, the Parks and Community Services Commission and any other committee that is advisory in nature. These positions shall be referred to herein collectively as "the Covered Positions."
The citizens of Costa Mesa are entitled to responsible, transparent, fair, and honest city government that operates in an atmosphere of respect and civility.

Accordingly, the Costa Mesa City Council has adopted this code to:

1. Describe the standards of behavior to which its Elected (hereinafter the term "Elected" refers to the Mayor and City Council) and Appointed (hereinafter the term "Appointed" refers to members of City of Costa Mesa's Commissions,and Committees, the City Manager and the City Attorney) Officials and high ranking employees aspire;

2. Provide an ongoing source ofguidance to Elected and Appointed Officials and employees in their day-to-day service to the city and

3. Promote and maintain high ethical standards.

Elected and Appointed officials comply with both the letter and spirit of the laws and policies affecting the operations of government; Elected and Appointed officials be independent, impartial and fair in their judgment and actions;
public office be used for the public good, not for personal gain and public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

This Code addresses selective aspects of the governance of the City and supplements but does not supplant other laws and rules that prescribe the legal responsibilities of the Covered Positions. Those include, among others, the -3-
562
California Constitution, various provisions ofthe California Government Code (including the Brown Act and the Political Reform Act) and the California Labor Code, federal laws prohibiting discrimination and harassment, and the provisions of the City's own Municipal Code. Elected and Appointed officials and covered employees should be familiar with these laws to ensure that they exercise their responsibilities properly.

It is not possible for a code of this kind to anticipate and provide a rule of conduct for all situations. lt is expected that Elected and Appointed officials and employees in the Covered Positions will manage their behavior in a manner consistent with the rules that follow, respect the chain of command and behave within the bounds of their authority. It is also expected that Elected and Appointed officials will treat each other, City employees, residents and business people with courtesy and respect in a manner that reflects well on the City.

To this end, the Costa Mesa City Council adopts this Code of Conduct for Elected and Appointed Officials and designated employees to assure public confidence in the integrity of local government and its effective and fair operation.
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563
A. ETHICS
The Ethics section ofthe City's Code ofConduct offers guidance on matters pertaining to ethical considerations, addressing questions of right and wrong.

1. Act in the Public Interest. Recognizing that stewardship ofthe publicinterest must be their primary concern, ' officials in the Covered Positions ("Officials") should work for the common good of the people of Costa Mesa and not for any private or personal interest, and provide for the fair and equal treatment of all persons, claims and transactions coming before them.

Elcctcd and /\ppointcd officialcOfficials will serve the community as servant leaders, putting aside self-interest and consider the needs of all residents.

Elcctcd and /'ippointcd officialcOfficials should seek to implement transparency and ethical practices, so as to ensure the public's trust and avoid any perception of wrongdoing.

2. Comply with both the spirit and the letter of the Law and City Policy. " ' Officials shall comply with the laws ofthe United States , the State ofCalifornia and the City of Costa Mesa in the performance of their public duties.

3. Conduct of " ' .Officials in Covered Positions. The professional and personal conduct of Elcck.d and /\ppointcd officialsOfficials while exercising their office should be above reproach and seek to avoid even the appearance of impropriety. Elected and /\ppointcd officialcOffici.:its should refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other Elected and Appointed officialcOfficials of the City Council, of other commissions,or committees of the City, of staff or the public.

4. Conduct at Public Meetinqs. Elcctcd and /\ppointcd officialsOfficials should prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand. Officials should limit their use of electronic devices durinq meetinqs.

5. Decisions Based on Merit. Elcctcd and Appointed officialr,Officials should base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.

6. Conflicts of Interest.
a. Elcctad and /\ppointcd officialcOfficials should seek to ensure their independence and impartiality on behalf ofthe common good, and their compliance with conflict-of-interest laws. Unless specifically authorized by law, Elected and /\ppointcd offici;'ilr,Officials should not use their official positions to influence government decisions in which they have (a) a material financial interest, (b) a contractual interest, or (c) an impermissible personal bias (a completely closed mind).
b. Elcck.d and /\ppointcd officialr,Officials who have a potential conflict of interest regarding a particular decision shall disclose the matter to the City Attorney to analyze the potential conflict. If advised by the City Attorney to seek advice from the Fair Political Practices Commission (FPPC) or other appropriate state agency, an " ' Official should not participate in a decision unless and until he or she has requested and receives advice allowing the " ' Official to
participate. An Elected or Appointed officialOfficial shall diligently pursue -5-
564
obtaining such advice. Thc Elected or /\ppointcd officialOfficial shall provide the Mayor and the City Attorney a copy of,apy writteri re,q uest or advice and conform his or her parkicipation to the advice given. In providing assistance to Elected and /\ppointcd officialc, the City Attorney represents the city and not individual Elcctcd or /\ppointcd officialcOfficials. c. Each year Elcctcd and /\ppointcd officialsOfficials in the Covered Position shall file a Form 700, which requires the disclosure of designated investments, interests in real property, sources of income and gifts in accordance with the City's conflict of interest code. Where a conflict is- determined to cxictpxists, thc Elcctcd or /(ppointcd official chouldOfficial must disclose the conflict, leave the dais during the consideration ofthe item, and not otherwise seek to influence the decision in any way.

7.1. City /\lloqia
a. Incompatible Employmcnt or Scrvicc. Bccausc of their uniqucly important, visible, and clcvatcd ctatu; and rcsponcibiliticc as clcctcd officials, the Mayor and mcmbcrs of the City Council, and by cxtcncion their Exccutivc /\t'sictantc and their appointcd Commissioncrs, shall not cngagc in compcncatcd cmploymcnt or service for the purpose of lobbying for any privatc parson or organization bcforc any local public agcncy (county, city or special district) locak.d in thc County of Orange or the County of Loc /\ngclcc. ----f Formatted: Condensed by O.3 pt

1. Paragraph 7a shall not be applicablc to lobbying as an in house cmploytx. on bchalf of his or her employer (as opposcd to a client of the cmploycr).

2. For purpoccc of paragraph 7a, "lobbying" shall mean any oral or writtcn communication (including an clcctronic communication) to an official of a local agency othcr than the City, made directly or indircctly, in an effort to influcncc or pcrsuadc the official to favor or oppocc, rccommcnd or not rccommcnd, votc for or against, or take or refrain from tak.ing action on any public policy issue of a diccrctionary nature pending bcforc the official's agency, including, but not limited to, proposed action, or proposals for action, in the form of ordinanccc, rccolutionc, motions, rccommcndationc, rcportc, rcgulationr:, policies, nominationr;, appointmcnts, sanctions, and bids, including the adoption of spccifications, awards, grants, or contracts.

M. Intcrcst in City contracts. Individuals in Co'.'crcd Positions shall not have a pcrsonal investment or monctary,intqrc:,tin,any,contract,madeJy,tj3e,(,ijy, except contracts relating to the peformance of their official City duties. ileqi3nce and Pro
a. in a Covered Position who is
or has an interest in their
or a shall disclose such
a 's at the time such
and ' time that official's or 's
Council action or ' even if such
's does not ibit '
under state or local law.
another
'S with a
or interest in
or interest
is involved in
or interest in a
the affected Official
o'.,'( Formatted: Character scale: 105o*
" Formatted: Character scale: 105%, Condensed by O.45 pt
Formatted: Character scale: 105%
-6-
565
b. Political Influence Prohibited. It is unlawful for in a Covered Position to use or ' to use his influence or official ' to secure or to " in the service of the
Cit as a reward or return for ersonal or artisan olitical service. c. Knowledge of and agreement to abide by provisions. Individuals in Covered Positions shall at the time of their election or appointment or upon the effective date of this section, whichever occurs later, sign an appropriate form prepared by the City Clerk reciting their knowledge of the provisions of this code of conduct and their agreement to abide by such provisions.

8. Gifts and Favors. Individuals in Covered Positions shall fully comply with the regulations, prohibitions and disclosure requirements set forth underlaw concerning the receipt of gifts, honorariums, and any other special favors.

Individuals in Covered Positions should refrain from accepting any gifks, favors or promises of future benefits where it might compromise their ability to act in the public's interest.

9. Confidential Information. " ' Officials must maintain the confidentiality of all closed session information and materials, and any other materials or verbal information which has been identified as being confidential or privileged. Elected and /\ppointcd officialr,Officials shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.

10.Use of Public Resources. Elcctcd and /\ppointcd officialcOfficials shall not use public resources for any personal purpose (e.g., City staff time, equipment, vehicles, supplies orfacilities), whether political or otherwise.

The use of public resources must always be tied to a valid public purpose. 1 1.Representation of Private Interests.
a. In keeping with their role as stewards of the public interest, while in office, members of the City Council shall not appear on behalf of the private interests of third parties before the City Council or any other subservient body of the City.
b. For a period of one year afker leaving office, members of the City Council are prohibited from making any formal or informal appearances before the City, on behalf of third parties, in exchange For compensation, when it is for the purpose of trying to influence a legislative or administrative action involving a permit, license, grant, contract, or the purchase or sale of goods or property, except in their official role on behalf of another public agency. California Government Code section 87406.3.

12.. Elected and /\ppointcd officialr,Officials should seek to represent the official policies or positions of the City Council, or of their respective commission, or committee, to the best of their ability when designated as delegates for that purpose. l/Vhenever an Elcck.d or /\ppointcd officialOfficial chooses to express their individual opinions on a matter, they should make it clear when those comments do not represent the position of the body of which they are a member or the City of Costa Mcsa. Elcctcd and /\ppointcdlndividual officials have the right to endorse candidates For all Council seats or other elected offices. - 7-
566
It is inappropriate to mention or display endorsements during Council meetings, or commission,or committee meetings, or other official City meetings.

13.Policy Role of Elected and Appointed officials. Elcck.d and /\ppointcd e#ieiaisOfficials shall respect and adhere to the Council-Manager structure of the City of Costa Mesa government as outlined in the Costa Mesa Municipal Code.

In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by City staff, commissions,and committccc, and boards and the public. Except as provided by the City Code, Elected and Appointed officials shall not interfere with the administrative functions of the City or the professional duties of staff nor shall they impair the ability to implement Council policy decisions.

14.Positive Workplace Environment. " ' Officials shall support the maintenance of a positive and constructive workplace environment for City employees and for citizens and businesses dealing with the City.

Elcctcd and /\ppointcd officialcOfficials shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff.

15.Ethics Traininq: Elcctcd and /\ppointcd officialcOfficialc must comply with the ethics training requirement outlined underAssembly Bill 1234 (California Government Code section 53235).

16. ' : Councilshallnot ' toasalaried ' underthe
who is a relative blood or ' within the second
one or more of the members of such Council and neither shall head or other officer havi " ' relative
within such de ree to an such osition.
'-----'l Formatted: Normal
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567
B. CONDUCT
The conduct section of the City's Code of Conduct aims to articulate the expected treatment of Elected and /\ppointcd officialr,Officials towards one another, City staff, constituents, and other individuals encountered while representing the City of Costa Mesa. "Respect" serves as a pervasive and unwavering theme throughout all the conduct guidelines. Elected and Appointed officials are tasked with upholding exemplary behavior consistently. The key principle underlying these guidelines is the demonstration of respect for each individual, employing both words and actions. This emphasis on respect serves as a guiding principle, assisting Elcctcd and /\ppointcd officialsOfficials in making the right choices, even in the most challenging situations.

1. ' Officials' Conduct with Each Other
Elcctcd and /\ppointcd officialcOfficials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the community. In all cases, this common goal should be acknowledged even though individuals may not agree on every issue.
a. Honor the role of the Mayor or Chairperson in maintaining order, It is the responsibility of the Mayor or Chairperson to keep the comments of Elcctcd and Appointcd officialcOfficials on track during public meetings.

Elcctcd and /\ppointcd officialsOfficials should honor efforts by the Mayor or Chairperson to focus discussion on current agenda items. If there is disagreement concerning any matter, those objections should be voiced politely and with reason, following the adopted parliamentary guidelines. b. Practice civility and decorum in discussions and debate, Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information, are legitimate elements of debate by a free democracy in action. However, free debate does not require nor justify the making of belligerent, personal, imperkinent, slanderous, threatening, abusive, or disparaging comments. " ' Officials
should endeavor to keep each other accountable for professional decorum.

Do not interrupt or speak over others, striving to understand various perspectives and opinions while encouraging cooperation and collaboration. c. Demonstrate effective problem-solving approaches, Elected and /\ppointcd officialcOfficials have a public stage and have the responsibility to show how individuals with disparate points of view can Find common ground and seek a compromise that beneTits the community as a whole
----- CFohramraa;ete,dsC:aFloentl0co50l/oor: Custom Color(RGB(8,8,8)), -9-
568
Elcctcd and /\ppointcd

2. Officials' Conduct with City Staff
Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed officials who advise the elected officials, and City staff who implement and administer the Council's policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. a. Treat all staff as professionals,
Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable.
b. Govern, do not direct
The Mayor and Council Members' role is to set policy and not to provide day to day direction to city employees. Questions of City staff and/or requests for additional information shall be directed to the City Manager or the a ro riate De artment Head, unless the City Manager or De artment Head indicates otherwise. Council Members on constituent concerns di to staff
purposes.
c. DonotdisruptCitystafffromtheirjobs,
Elcctcd and /\ppointcd officialr,Officials should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. Elected and Appointed officials should not attend City staff meetings, unless requested by staff. d. Personnel Matters
Personnel matters must be handled by the City Manager and Human Resources division, working together with the employee and department at issuc. Elected and /\ppointcd officials, and if necessary, the City Atkorney.

Other Officials should not get involved in personnel matters, whether to encourage or discourage a particular outcome, or to help investigate a concern. Elcctcd and /\ppointcd officialr,Officials' inappropriate involvement tends to increase litigation against the City, so it should be avoided. All concerns should be directed to the City Manager, who has the responsibility to investigate and make final decisions in accordance with California law and the City's rules.
e. Never publicly criticize an individual employee, Elcctcd and /\ppointcd officialcOfficials should never express concerns about the performance of a city employee in public, to the employee directly, or to the employee's manager. Concerns about staff peformance should only be made to the City Manager through private correspondence or conversation. Such concerns can then be addressed in accordance with the City's personnel rules.
f. DonotretaliateorthreatentoretaliateagainstemployeesasaresulQof disagreements over policy recommendations,
It is critical to the success of the City that its employees enjoy a workplace free of the fear of retaliation. The City takes great pride in its creativity and its receptivity to new and different ideas; creativity is fostered by an open and nonjudgmental atmosphere where candor is not penalized. City employees are hired to offer their professional judgments and opinions. Elected and Appointed officials are certainly free to disagree with those judgments; indeed, those Officials ultimately may have the Final word. But those j:-:;-'LFormatted: Not Expanded by / Condensed by ff
'-'f Formatted: Right: 0.63" l
- 10 -
569
disagreements must not extend to threats or generate fear of reprisal.

No action or retaliation shall be taken
faith a ' issue
no shall be taken ' officer or
witness durinq the course of an investiqation.
concern or violation.
who " as a
g-,h. Do not get involved in administrative functions, Ek.ch:'d and Appointed officialsOfficials acting in their individual capacity should not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits. h,i. Do not solicit political support from staff,
Elected and Appointed officials should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, other campaign-related assistance, etc.) from City staff while they are working. City staff have the constitutional right to support political candidates of their own choosing, but all such activities must be done on the employee's own time, away from the workplace, and not in uniform. ii. No Attorney-Client Relationship
The City Attorney represents the city and not any individual Elected or Appointed official.

3. Elcctcd and f(ppointcd Officials' Conduct with the Public Making the public feel welcome is an important part of the democratic process.

No signs of partiality, prejudice or disrespect should be evident on the part of individuals in Covered Positions toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony.
a. Be welcoming to speakers and treat them with respect, While questions of clarification may be asked, the 0fficia.'s primary role during public testimony is to listen. Officials shou d seek to cemonsyate active listeninq and interest in each speaker's presen any neqative body lanquaqe. This includes refraininq fron use of pe-sonal electronic devices durinq meetinqs to enqaqe in work, or to communicate with members of the public or other decision makinq officials about an item on the aqenda.,
tation, and to avoid
b. Be fair and equitable in allocating public hearing time to individual speakers, The Mayor or Chairperson will follow the pre-established time allocation for each speaker and seek to apply them equally to every speaker in a fair and impartial manner. If there is a need to shorten the allotted time for speakers, the chair should announce those limits prior to the start of the agenda item whenever possible. Each speaker may only speak once during any particular agenda item unless the Mayor or Chairperson requests additional clarification later in the process. Affer the close of the public hearing, no more public testimony will be accepted unless the Mayor or Chairperson reopens the public hearing for a limited and specific purpose c. Practicc activc lictcning
---- CFohram,aaCtteterdsC:aFloent,Oco5ol/oor: Custom Color(RGB(68,68,68)). .---- CFohramraactteterdsc:aFloentl0co5ol/oor: Custom Color(RGB(10,TO,TO)), - 1l -
570
Elcctcd and /\ppointcd officialr, should sack to dcmonctratc activc listcning and intcrcct in each spcalacr'c presentation, and to avoid any pessimistic body language.
c. No official or shall en make or ex or
other unilateral ' or communication that excludes the interests of other ' in a matter under consideration when such ' or communication is ' ned to influence the official decision or conduct of the official or other officials or ' in order to obtain a more favored treatment or ' consideration to advance the or ' interests of him/herself or others. The of this rovision is to uarantee that all interested ' to matter shall have n to and their interests. written ex
communication received an official or in matters where all interested ' shouldhavean ual fora ' shallbe
made a of the record the " oral ex communication received under such conditions should be written down in substance the reci ient and also be made a art of the record.
d. Maintain an open mind,
Members of the public deserve an opportunity to influence the thinking of Elected and /\ppointcd officialr,Officials
e. Ask for clarification, but avoid debate and argument with the public, Elcctcd and /\ppointcd officialsOfficials should not interrupt a speaker during a presentation. However, an Elected orAppointed official can respectfully ask the Mayor or Chairperson for a point of order if a speaker is off the topic, or to ask a question of the speaker., .----- CFohramraaCtteterdsC:aFloent,Oco5ol/oOr: Custom Colot(RGB(T0,1010)), --- CFohramraa;eterdsC:aFloent,Oco501/oor:CustomColor(RGB(10,10,'10)), -12-
571
f. Be accessible to the lic between noticed ' meeti to assist them and connect them with staff who can to their uestions and concerns.

4. Council Conduct with Other Commission, oi; Committee Members
a. If attending a Commission,or Committee meeting, be careful to only express personal opinions,
Council Members may attend any commission,or committee meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation could be viewed as unfairly affecting the process.
b. Limit contact with Commission,and Committee members to questions of clarification,
It is acceptable for Council Members to contact commission,,or committee,-ep members. However, it would be inappropriate to lobby one of these members on behalf of an individual, business, or developer, and vice versa. c. Berespectfulofdiverseopinions,
A primary role of commission,and committcc, and board mcmbers is to represent the many points of view in the community, and to provide the Council with advice based on a full spectrum of concerns and perspectives.

Council Members may have a closer working relationship with some individual members, but they should be fair and respectful of every citizen who chooses to serve as a member of one of the City's commissions,or committees.
d. Keep political support away from public fora,
Commission,and committee members have the right to offer their political support to a Council Member in their private capacity, but not while conducting official City duties. Likewise, Council Members may support any commission,or committee member who may be running for office, but such support should not be expressed during the course of any City funded meeting.
---- Formatted: Not Expanded by / Condensed by
Formatted: Thick underline, Underline color: Custom Color(RGB(87,87,87)), Not Expanded by / Condensed
Formatted: Not Expanded by / Condensed by
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C. IMPLEMENTATION

1. The Costa Mesa Code of Conduct expresses standards of ethical conduct expected for the Mayor, Costa Mesa City Council, members of commissions, and committees, and all Covered Positions. In addition, all and /\ppointcd officialsOfficials and designated employees shall be required to take all training mandated by law, including AB '1234 training and AB 1661 training.

3. Following its adoption, the City Clerk shall provide all current Officials in Covered Positions with a copy of the newly adopted Code of Conduct and all currant Elected and /\ppointcd Officials will be asked to sign a statement acknowledging they have read and understand the Code of Conduct. The City Clerk shall provide a copy of the Code of Conduct to candidates for Mayor, City Council, and applicants to Commissions,and Committcc, and Boards. The City Clerk shall provide a copy of the Code of Conduct to all Elected and Appointed Officials upon entering office and all individuals in Covered Positions will be asked to sign a statement (example below) acknowledging they have read and understand the Code of Conduct. ' - - - - - l Formatted: Space Before: 4.35 pt
Example.

I affirm that I have read and understand the City of Costa Mesa Code of Conduct for Elected and Appointed Officials, and covered City Employees.

Name:

Signature:

Position:

Date:

D. COMPLIANCE AND ENFORCEMENT
" ' Officials themselves have the primary responsibility to ensure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chairs of commissions,and committees and the Mayor have the additional responsibility to intervene when Elected and Appointed officials' actions appear to be in violation of the Code of Conduct or when these actions are brought to their attention.

1. A violation of the provisions of this Code of Conduct shall not be considered and shall not constitute a basis for challenging the validity of any decision by the City Council or -14-
573
any other body or agency of the City.

4. Except as otherwise expressly provided by State law, the following shall constitute the exclusive means and procedures of enforcing the provisions of this Code:
a.Alleged violations committed by the Mayor, a member of the City Council or a member of a City commission should be reported in writing to the City Attorney. * Upon receipt of the report, the City Attorney shall discuss the matter with the person who is the subject of the allegation, advising such person of the alleged violation and endeavoring to avoid future violations in the event one has occurred. b. Alleged violations committed by aan individual in a Covered Position other than the City Council Exccutiw. /\;cistant, Commission members or the City Manaqer should be reported in writing to the City Manager or his/her designee. Upon receipt of the report, the City Manager, or his/her designee, shall commence an investigation to determine whether the alleged violation is substantiated. The City Manager, or his/her designee, shall discuss the matter with the person who is the subject of the allegation, advising such person of the alleged violation. In the event the City Manager, or his/her designee, determines that a violation has occurred, the City Manager may take appropriate action in accordance with applicable City rules, regulations, and procedures related to employment and/or discipline. c. In the event that the City Attorney or City Manager (or his or her designee) determines that a violation of this division has occurred, appropriate documentation should be prepared to memorialize the determination.

5.The City Council may impose sanctions on members of commissions,and committees.- whose conduct does not comply with the City's Code of Conduct such as reprimand or formal censure. In addition, the City Council may also act to remove members of commissions,and committees from office or position who violate the provisions of this Code., in accordance with the requirements contained in the Costa Mesa Municipal Code.

The definition of a "serious violation" is not set forth by law, but in determining the type of sanction to be considered or imposed, the following factors may be considered:
a. Nature of the violation (conflict of interest, financial disclosures, actions of harassment, abusive conduct, open process of Government, Brown Act, City ordinances and policies, failure to disclose campaign contributions when voting O/7 an item to award an agreemenUcontract, etc.) b. Prior violations by the same individual
c. Other factors which bear upon the seriousness of the violation (failure to '----- '=::' Inden'k: Left: 0.75", No bullets or
' - - - - - 'l Formatted: Indent: Left: 0.5", No bullets or - 15 -
574
comply with the laws of the United States of America, State of California, and the City of Costa Mesa in the performance of their public duties, etc.) - 16 -
575
Attachment 4
City of Costa Mesa
Code of Conduct For
Elected and Appointed Officials
Adopted by Resolution No.
2026-XX
576
Table of Contents
Table of Contents.

Introduction.

A.ETHICS.

B. CONDUCT .

1. Elected and Appointed Officials' Conduct with Each Other..

2. Elected and Appointed Officials' Conduct with City Staff.

3. Elected and Appointed Officials' Conduct with the Public.

4. Council Conduct with Commission and Committee Members C. IMPLEMENT ATION
D.COMPLIANCE ANDENFORCEMENT.
.2
.3
.5
.8
.8
.9
.10
.11
.11
.12
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Introduction
The City of Costa Mesa is a general law city governed by the council/manager form of government. The City Council, with the assistance of its advisory commissions and committees, makes policies and fundamental governmental decisions; the City Manager is charged with implementing those policies and decisions and administering the day-to-day affairs of the City with the assistance of his/her staff. The City Council has direct authority over the City Manager and the City Attorney; all other employees of the City are under the direct authority of the City Manager.

These standards are adopted to ensure that the Mayor and members of the City Council, as elected representatives, City employees, and appointed Commissioners, are engaged in public service not for private, personal gain, but to advance the interest of Costa Mesa residents and the entire Costa Mesa community. These standards govern the following Public Officials and City employees: the Mayor; the Mayor Pro Tem; members of the City Council; the City Manager; Assistant and Deputy City Managers the City Clerk; Department Directors: Deputy Department Directors; the Police Chief the Deputy Police Chief; the Fire Chief and Deputy Fire Chiefs; the City Attorney the Zoning Administrator; the City Engineer and members of the Planning Commission, the Arts Commission, the Parks and Community Services Commission; and any other committee that is advisory in nature. These positions shall be referred to herein collectively as "the Covered Positions."
The citizens of Costa Mesa are entitled to responsible, transparent, fair, and honest city government that operates in an atmosphere of respect and civility.

Accordingly, the Costa Mesa City Council has adopted this code to:

1. Describe the standards of behavior to which its Elected (hereinafker the term "Elected" refers to the Mayor and City Council) and Appointed (hereinafter the term "Appointed" refers to members of City of Costa Mesa's Commissions and committees, the City Manager and the City Attorney) Officials and high ranking employees aspire

2. Provide an ongoing source of guidance to Elected and Appointed Officials and employees in their day-to-day service to the city: and

3. Promote and maintain high ethical standards.

Elected and Appointed officials comply with both the letter and spirit of the laws and policies affecting the operations of government; Elected and Appointed officials be independent, impartial and fair in their judgment and actions;
public office be used for the public good, not for personal gain: and public deliberations and processes be conducted openly, unless legally confidential, in arc atmosphere of respect and civility.

This Code addresses selective aspects ofthe governance ofthe City and supplements but does not supplant other laws and rules that prescribe the legal responsibilities of the Covered Positions. Those include, among others, the California Constitution, various provisions ofthe California Government Code -3-
578
(including the Brown Act and the Political Reform Act) and the California Labor Code, federal laws prohibiting discrimination and harassment, and the provisions of the City's own Municipal Code. Elected and Appointed officials and covered employees should be familiar with these laws to ensure that they exercise their responsibilities properly.

To this end, the Costa Mesa City Council adopts this Code of Conduct for Elected and Appointed Officials and designated employees to assure public confidence in the integrity of local government and its effective and fair operation.
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A. ETHICS
The Ethics section ofthe City's Code ofConduct offers guidance on matters pertaining to ethical considerations, addressing questions of right and wrong.

1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, officials in the Covered Positions ("Officials") should work for the common good of the people of Costa Mesa and not For any private or personal interest, and provide for the fair and equal treatment of all persons, claims and transactions coming before them. Officials will serve the community as servant leaders, putting aside self-interest and consider the needs of all residents. Officials should seek to implement transparency and ethical practices, so as to ensure the public's trust and avoid any perception of wrongdoing.

2. Comply with both the spirit and the letter of the Law and City Policy. Officials shall comply with the laws ofthe United States ofAmerica, State ofCalifornia and the City of Costa Mesa in the performance of their public duties.

4. Conduct at Public Meetinqs. Officials should prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand. Officials should limit their use of electronic devices during meetings.

5. Decisions Based on Merit. Officials should base their decisions on the merits and substance ofthe matter at hand, rather than on unrelated considerations.

6. Conflicts oflnterest.
a. Officials should seek to ensure their independence and impartiaiity on behalf of the common good, and their compliance with conflict-of-interest laws. Unless i authorized b law, ttciats !'l ruuru riut uss tr rsrt B ions in which they have (a
financial interest. (b) a co i I infprt-sr nr (*1 hn imnprmistiihlm b. Officials who have a potential conflict ofinterest regarding a particular decision shall disclose the matter to the City Atkorney to analyze the potential conflict. If advised by the City Attorney to seek advice from the Fair Political Practices Commission (FPPC) or other appropriate state agency, an Official should not participate in a decision unless and until he or she has requested and receives advice allowing the Official to participate. An Official shall diligently pursue obtaining such advice. The Official shall provide the Mayor and the City Attorney a copy of any written request or advice and conform his or her participation to the advice given. In providing assistance to Officials, the City Attorney represents the city and not individual Officials.

Commented [KB1 ]: There are statutes and regulations relating to financial and conttactual interests. Case law addresses personal bias issue.
uires the disclosure of designated investments, interests in real p of income and gifks in accordance with the City's conflict of inte ere
-5-
Commented [KB2]: Polltical Reform Act requires filing Form 700. City's adopted conflict of interest code determines which officials must file and the level of detail required.
580
----1 Commented [KB3]: Political Reform Act requires this. ] :xct=p
(,,f':c:a
'f di-ifi-p-4

7. City Allegiance and Proper Conduct.
a. Any person in a Covered Position who is employed by another governmental entity or a non-profit, or has an interest in their spouse's employment with a governmental entity or a non-profit shall disclose such employment or interest in a spouse's at the time such or interest
and '
' 4v@nifsHche@p7oympntorinte7estina
spouse's employment does not prohibit participation by the affected Official under state or local law.

Ulllll,ell IlllluHlllJ=! HRJllluuHu. Iklffi ulllHWlul RJI f:lll9 pelt'Oil Ill H LUVkJli use or promise to use his influence or official authority to secure Ilppointment or prospective appointment, to any position ii ice' Witv as a reward or return for oersonal or nartisan political ss i c. Knowledge of and agreement to abide by provisions. Individuals in Covered Positions shall at the time of their election or appointment or upon the effective date of this section, whichever occurs later, sign an appropriate form prepared by the City Clerk reciting their knowledge of the provisions of this code of conduct and their agreement to abide by such provisions.

Commented [KB4]: Government Code section 1090
et seq. contain detailed rules on prohibited financial interests in contracts, and AG and FPPC opinions and case law interpret provisions.

Commented [KB5]: This is partially covered by state law. For govemment employees, no conflict if their department is not involved and they have no part in prepanng the proposal or contracts.

Commented [KB6]: This issue would likely be treated as coveted by the Political Reform Act, but this explicit language is not included; generally it is improper to use oneas position to influence governmental decision
based on financial or other improper considerations.

8. Gifks iuiuiuuais in buveieu i u.sitiuus !!11411 iuuy buuip3y vviu u ' i s and disclosure requirements setforth under lawl ing the receipt of giffs, honorariums, and any other special favoffl uals in Covered Positions should refrain from accepting any gifts, fa promi.qps nritfefrieifisitl'eJn7fit7w h TrTif minhtr;i mnrrimisT fh F!ir ahilitv tri hcf inffl

9. Confidential Informatioii. muaib lllu!:,k lllfjlllLf:fill kllt:! LUlllRN'llklf:111kV ul n i rials, and any other materials or verball
rmation which has been identified as being confidential or privile 'lO.Use of Public Resources.
purpose . ., staff time, equipment, vehicles, supplies o 'lities), whether political or '
Commented [KB7]: These issues are addressed by
portions of the Political Reform Act and
related regulations and opinions.

Commented [KB8]: Brown Act addresses closed
session information. Attomey/client privilege is held by council/city as a whole,
Commented [KB9]: Depending on the conduct at
issue, this might be consit)t.red abuse of public office or potential other cnme.

Commented [KB10]: Covered by statute and case law. 1 1.Representation of Private Interests.
a.
bers of the City Council shall not appear on behalf of the private -6-
581
ityl
b.
rohibited From making any formal or informal appearances before the n behalf of third parties, in exchange for compensation, when it is for urpose of trying to influence a legislative or administrative action in rmit, license, grant, contract, or the purchase or sale of goods or xcept in their official role on behalf of another ni ihlic ansncv Ct'ilifornia 'l 2.m. Officials should seek to represent the official policies or positions of the City Council, or of their respective commission, committee, or board, to the ---- CcOommpmenesnateilodn[K,B1slO]:raPlrsoehsiblsitseudebsyOfstbaltaeslawiffor ----- TCohllms mlselnnctleudde[dKBln1A2]B: G,2o3v4. C,oadlnelns;ction 87406.3.

13.Polic Role of Elected and A ointed officials. Officials shall respect and adhere tooutthllneeCdolnuncil-Mana erstructureoftheCit Ionfi,Cholsstsat,uMcetus,aego!hveerCn:lmtyeCn:,e:un:.1. determines the policies ofthe City with the advice, information and analysis -- - provided by City staff, commissions and committees and the public. Except as provided by the City Code, Elected and Appointed officials shall not interfere with the administrative functions of the City or the professional duties of staff; nor shall they impair the ability to implement Council policy decisions.

15.Ethics Training:iOfficials must comply with the ethics training requirement outlined underAssembly Bill 1234 (California Government Code section 53235).1 1 6. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the second degree of any one or more of the members of such Council and neither shall any department head or other officer having appointive power appoint any relative within such degree to any such position.
---- Commented[KB13]:Thereareavarietyofcasesand
opinions from which this is derived. There is no explicit statutory prohibition that clearly states this (other than no use of public resources for political purpose).
--- fCholsmmented [KB14]: The CMMC addresses much of
----f Commented [KB15]: Covered by state law.
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B. CONDUCT
The conduct section of the City's Code of Conduct aims to articulate the expected treatment of Officials towards one another, City staff, constituents, and other individuals encountered while representing the City of Costa Mesa. "Respect" serves as a pervasive and unwavering theme throughout all the conduct guidelines.

Elected and Appointed officials are tasked with upholding exemplary behavior consistently. The key principle underlying these guidelines is the demonstration of respect For each individual, employing both words and actions. This emphasis on respect serves as a guiding principle, assisting Officials in making the right choices, even in the most challenging situations.
1 0fficials' Conduct with Each Other
Officials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the community. In all cases, this common goal should be acknowledged even though individuals may not agree on every issue.
a. Honor the role of the Mayor or Chairperson in maintaining order.

Officials have a public stage and have the responsibility to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. 2 0fficials' Conduct with City Staff
Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed officials who advise the elected officials, and City staff who implement and administer the Council's policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. a. Treat all staff as professionals.

Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable.
b. Govern, do not direct
The Mayor and Council Members' role is to set policy and not to provide day -8-
583
to day direction to city employees. Questions of City staff and/or requests for additional information shall be directed to the City Manager or the appropriate Department Head, unless the City Manager or Department Head indicates otherwise. Council Members may pass on constituent concerns directly to staff designated by the City Manager or Department Head for such purposes.
c. DonotdisruptCitystafffromthei2obs.

Officials should not disrupt City staff while they are in meetings, on the phone, or engrossed in peforming their job functions in order to have their individual needs met. Elected and Appointed officials should not attend City staff meetings, unless requested by staff.
d. Personnel Matters
esources division, working together with the employee and and if necessary, the City Attorney. Other Officials should not in personnel matters! whether fn pncnnciierarnT,nffrJlrlcilasTlsn:11:nrr:an;'p,Qprll!te involvement tends to increase litigation against the City, so it should be avoided. All concerns should be directed to the City Manager, who has the responsibility to investigate and make final decisions in accordance with California law and the City's rules.

Commented [KB16]: Some of this is addressed in
privacy laws; some relates to fhe Council/Manager
form of govemment which makes CM the appointing
authority from subordinate employees.
e. Never publicly criticize an individual employee.

Officials should never express concerns about the peformance of a city employee in public, to the employee directly, or to the employee's manager.

Concerns about staff performance should only be made to the City Manager through private correspondence or conversation. Such concerns can then be addressed in accordance with the City's personnel rules. f. Donotretaliateorthreatentoretaliateagainstemployeesasaresultof disagreements over policy recommendations.

It is critical to the success of the City that its employees enjoy a workplace freeoflefearofretaliationl"jheCitytakes3;1reatprideinij4creativityan4 $ receptivity to new and different ideas; creativity is fostered by an open and nonjudgmental atmosphere where candor is not penalized. City employees are hired to offer their professional judgments and opinions. Elected and Appointed officials are certainly free to disagree with those judgments; indeed, those Officials ultimately may have the final word. But those disagreements must not extend to threats or generate fear of reprisal.

Elected and Appointed officials enjoy substantial authority within City Hall:
this authority must not be exercised in a manner that intimidates staff and degrades morale with resulting damage to the fabric ofthe organization.

Commented [KB17]: Employees may not be retaliated
for raising in good faith potential violations of laws and safety regulations. Strlctly speaking there is no law against criticizing an employee to the CM regarding the perceived support for or propriety of an opinion or the manner in which employees present themselves
(hostile, condescending, etc.). Intimidating staff,
however, could definitely lead to hostile environment claims or other claims of discrimination.
in good faith a perceived issue, problem, concern or violation. h. iDJnptgetinvolvedinadrri iriisjratiyejHr'i4tjp33.

Officials acting in their individual capacity should not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing ofdevelopment applications, or granting of City licenses and permits.
----- Commented [KB18]: Prohibited by stale and federal law.
i. Do not solicit political support from staff.
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584
ff;. r 'c;;
uld9 ul pKJ!:ikBT!b OT IdWll bli
lf illb, rmlllb ull bulJpulJ
:hotXtnglpttys3ai'rhayet0e constijutionalrighttosuppqrt politic,alca ndida':es of their own choosing, but all such activities must be done on the employee's own time, away from the workplace, and not in uniform. j. No Attorney-Client Relationship
The City Attorney represents the city and not any individual Elected or Appointed official.

3. Officials' Conduct with the Public
Making the public feel welcome is an important part of the democratic process.

The Mayor or Chairperson will follow the pre-established time allocation for each speaker and seek to apply them equally to every speaker in a fair and impartial manner. If there is a need to shorten the allotted time for speakers, the chair should announce those limits prior to the start of the agenda item whenever possible. Each speaker may only speak once during any particular agenda item unless the Mayor or Chairperson requests additional clarification later in the process. Afker the close of the public hearing, no more public testimony will be accepted unless the Mayor or Chairperson reopens the public hearing for a limited and specific purpose. c. No official or employee shall encourage, make or accept any ex parte or other unilateral application or communication that excludes the interests of other parties in a matter under consideration when such application or communication is designed to influence the official decision or conduct of the official or other officials, employees or agencies in order to obtain a more favored treatment or special consideration to advance the personal or private interests of him/herself or others. The purpose of this provision is to guarantee that all interested parties to any matter shall have equal opportunity to express and represent their interests. Any written ex parte communication received by an official or employee in matters where all interested parties should have an equal opporkunity for a hearing shall be made a part of the record by the recipient. Any oral ex parte communication received under such conditions should be written down in substance by the recipient and also be made a part of the record.
d. Maintain an open mind.

Members of the public deserve an opportunity to influence the thinking of Officials.
----- Conunemed[KBl9]:Partofthisiscoveredbystate
statute. Many people do not understand the limits of
what they can do.
- 10 -
585
e. Ask for clarification, but avoid debate and argument with the public.

Officials should not interrupt a speaker during a presentation. However, an Elected or Appointed official can respectfully ask the Mayor or Chairperson for a point of order if a speaker is off the topic, or to ask a question of the speaker.
f. Be accessible to the public between noticed City meetings to assist them and connect them with staff who can respond to their questions and concerns. 4 Council Conduct with Other Commission or committee members The City Council has established certain commissions and committees as a means to assist the Council in making decisions, and in gathering more community input. Citizens who serve as members of the City's various commissions and committees, become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City's leadership and should be treated with appreciation and respect. a. If attending a Commission, Committee, or Board meeting, be careful to only express personal opinions.

Council Members may attend any commission, committee, or board meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation could be viewed as unfairly affecting the process.
b. Limit contact with commission and committee members to questions of clarification.

It is acceptable for Council Members to contact commission or committee members. However, it would be inappropriate to lobby one of these members on behalT of an individual, business, or developer, and vice versa. c. Be respectful ofdiverse opinions.

A primary role of commission and committee members is to represent the many points of view in the community, and to provide the Council with advice based on a full spectrum of concerns and perspectives. Council Members may have a closerworking relationship with some individual members, but they should be fair and respectful of every citizen who chooses to serve as a member of one of the City's commissions or committees. d. Keep political support away from public fora.

Commission and committee members have the right to offer their political support to a Council Member in their private capacity, but not while conducting official City duties. Likewise, Council Members may support any commission, committee, or board member who may be running for office, but such support should not be expressed during the course of any City funded meeting.
- 1l -
586
C. IMPLEMENTATION

3. Following its adoption, the City Clerk shall provide all current Officials in Covered Positions with a copy of the newly adopted Code of Conduct and all current Officials will be asked to sign a statement acknowledging they have read and understand the Code of Conduct. The City Clerk shall provide a copy of the Code of Conduct to candidates for Mayor, City Council, and applicants to Commissions, Committee, and Boards. The City Clerk shall provide a copy of the Code of Conduct to all Elected and Appointed Officials upon entering office and all individuals in Covered Positions will be asked to sign a statement (example below) acknowledging they have read and understand the Code of Conduct.

Example:

I affirm that I have read and understand the City of Costa Mesa Code of Conduct for Elected and Appointed Officials, and covered City Employees.

Name:

Signature:

Position:

Date:

D. COMPLIANCE AND ENFORCEIVIENT
Officials themselves have the primary responsibility to ensure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chairs of commissions, committees and boards and the Mayor have the additional responsibility to intervene when Elected and Appointed officials' actions appear to be in violation of the Code of Conduct or when these actions are brought to their attention.

Upon receipt of the report, the City Attorney shall discuss the matter with the person who is the subject of the allegation, advising such person of the alleged violation and endeavoring to avoid future violations in the event one has occurred. b. Alieged violations committed by an individual in a Covered Position other than the City Council, Commission members or the City Manager should be reported in writing to the City Manager or his/her designee. Upon receipt of the report, the City Manager, or his/her designee, shall commence an investigation to determine whether the alleged violation is substantiated. The City Manager, or his/her designee, shall discuss the matter with the person who is the subject of the allegation, advising such person of the alleged violation. In the event the City Manager, or his/her designee, determines that a violation has occurred, the City Manager may take appropriate action in accordance with applicable City rules, regulations, and procedures related to employment and/or discipline. c. In the event that the City Attorney or City Manager (or his or her designee) determines that a violation of this division has occurred, appropriate documentation should be prepared to memorialize the determination.

5. The City Council may impose sanctions on members of commissions and committees whose conduct does not comply with the City's Code of Conduct such as reprimand or formal censure. In addition, the City Council may also act to remove members of commissions, committees and boards from office or position who violate the provisions of this Code, in accordance with the requirements contained in the Costa Mesa Municipal Code.

The definition of a "serious violation" is not set forth by law, but in determining the type of sanction to be considered or imposed, the following factors may be considered:
a. Nature of the violation (conflict of interest, financial disclosures, actions of harassment, abusive conduct, open process of Government, Brown Act, City ordinances and policies, failure to disclose campaign contributions when voting on an item to award an agreemenUcontract, etc.) b. Prior violations by the same individual
c. Other Factors which bear upon the seriousness of the violation (failure to comply with the laws of the United States of America, State of California, and the City of Costa Mesa in the performance of their public duties, etc.) - 13 -
588

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 26-217 Meeting Date: 4/7/2026
TITLE:

ACTIVE TRANSPORTATION COMMITTEE ANNUAL REPORT
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ TRANSPORTATION

SERVICES DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: BRETT ATENCIO THOMAS, ACTIVE TRANSPORTATION COORDINATOR, (714) 754-5275
RECOMMENDATION:

Staff recommends the City Council receive and file the 2025 Active Transportation Committee Annual Report.

BACKGROUND:

In January 2015, the City Council established the Active Transportation Committee (ATC) to continually evaluate the status of the City’sbikeway & pedestrian access while also promoting biking and walkability throughout the City. The composition of the committee is nine (9) members appointed by the City Council to serve two (2) year terms.

Since its formation, the ATC has played a pivotal role in the development of bicycle and pedestrian infrastructure in the City, along with the execution of the City’s2018 ATC and 2024 Pedestrian Master Plan.

ANALYSIS:

Throughout 2025, the Committee actively engaged in various activities, including the development of Committee Goals and Objectives, assistance in community events, and providing feedback on projects that enhance mobility within the City.

During the last year, the ATC has received presentations from City staff related to the following projects and has supported various accomplishments shown in Attachment 1 that improve mobility and safety for people walking and bicycling:

1. Safe Routes to School Action Plan

2. Placentia Avenue/Center Street Circulation and Mobility Improvements Project

3. Fairview Road (Fair Drive to Adams Avenue) Design Concept

4. Let’s Go Costa Mesa On-Demand Transit Update

5. Newport Boulevard/Fair Drive Intersection Improvements The ATC recognizes the completion of the Adams Avenue and Pinecreek Drive intersection

Page 1 of 3 ends

589
File #: 26-217 Meeting Date: 4/7/2026
The ATC recognizes the completion of the Adams Avenue and Pinecreek Drive intersection improvement project, which received awards from the following organizations:

1. American Society of Civil Engineers (ASCE) Orange County Chapter

2. American Society of Civil Engineers (ASCE) Los Angeles Section

3. Association of California Cities Orange County Chapter The ATC is pleased to see the culture of cycling occur within the City through community-led events and recognition by the National League of American Bicyclists where the City was awarded the Bronze level Bicycle Friendly Community. Community efforts to continue the culture of cycling within the City are demonstrated by the following activities:

1. ATC staff participated in community events such as Earth Day, SoCalCross Cyclocross race, City-led Bicycle Safety Rodeos, and the November World Day of Remembrance Bicycle Ride.

2. Creation of the College Park Elementary School Bike Bus in Fall 2025 by parents and youth.

3. Lillordag community bike rides that occur weekly on Wednesday nights originating at Lions Park.

4. Bicycle stores and businesses that host bike rides such as the “Inconvenience Store” rides.

Committee Goals and Objectives for 2026:

In October 2025, the ATC developed the following goals and objectives to guide future activities by the Committee over the next year:

1. Provide active transportation education and advocacy to stakeholders (Caltrans, OCTA, NMUSD), City, County, etc.). This will need identification of specific targets and a list or matrix of activities to be conducted.

2. Develop a process for tracking progress of and updating the Active Transportation Plan within the Circulation Element. The outcome would be a list of activities, list of deliverables (e.g., recommendations to City Council) and a complementary schedule.

3. Work with staff to develop a frequency and content of reporting on pedestrian, cyclist and vehicle involved collisions (e.g., raw numbers) that will be included in the Annual Report to Council.

The ATC met in March and identified the following challenges to improving safety for people walking and cycling:

1. Increased use of Multi-modal Transportation - placed a higher demand for more active transportation infrastructure, enforcement, staff and public awareness of municipal code.

2. Pace of Progress - increased efforts are needed to achieve the ATP goals of 10% bicycling and 20% walking mode split within the existing budget constraints.

3. Project Management - existing transportation staff are assigned to various duties and additional project management staff could help reduce the backlog of projects.

4. Vehicles & Road Hazards - excessive speeding, distracted driving, and driving under the influence remain hazards that create risk for people walking and bicycling.

The ATC will continue to pursue the outlined goals and objectives for 2026 and work with City Council, staff and community partners to address the identified challenges.

Page 2 of 3 ends

590
File #: 26-217 Meeting Date: 4/7/2026
ALTERNATIVES:

This item is administrative in nature.

FISCAL REVIEW:

Funding for Active Transportation Committee activities is currently supported in the Public Works Transportation Services Division and has no fiscal impact on the FY 2025-26 budget.

LEGAL REVIEW:

There is no legal review required for this report.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goals:
· Strengthen the public’s safety and improve the quality of life. · Maintain and enhance the City’s facilities, equipment, and technology. · Advance environmental sustainability and climate resiliency.

CONCLUSION:

Staff recommends the City Council receive and file the Active Transportation Committee Annual Report.

Page 3 of 3 ends

591

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 26-217 Meeting Date: 4/7/2026
TITLE:

ACTIVE TRANSPORTATION COMMITTEE ANNUAL REPORT
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ TRANSPORTATION

SERVICES DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: BRETT ATENCIO THOMAS, ACTIVE TRANSPORTATION COORDINATOR, (714) 754-5275
RECOMMENDATION:

Staff recommends the City Council receive and file the 2025 Active Transportation Committee Annual Report.

BACKGROUND:

ANALYSIS:

1. Safe Routes to School Action Plan

2. Placentia Avenue/Center Street Circulation and Mobility Improvements Project

3. Fairview Road (Fair Drive to Adams Avenue) Design Concept

4. Let’s Go Costa Mesa On-Demand Transit Update

5. Newport Boulevard/Fair Drive Intersection Improvements The ATC recognizes the completion of the Adams Avenue and Pinecreek Drive intersection

Page 1 of 3 ends

592
File #: 26-217 Meeting Date: 4/7/2026
The ATC recognizes the completion of the Adams Avenue and Pinecreek Drive intersection improvement project, which received awards from the following organizations: