West Covina City Council
February 3, 2026

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY
FEBRUARY 3, 2026, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Letty Lopez-Viado
Mayor Pro Tem Ollie Cantos
Councilwoman Rosario Diaz
Councilmember Brian Gutierrez
Councilman Tony Wu
Please turn off all cell phones and other electronic devices prior to entering the Council Chambers

AMERICANS WITH DISABILITIES ACT
The City complies with the Americans with Disabilities Act (ADA). If you will need special assistance at a Council meeting, please call (626) 939-8433 (voice) or (626) 960-4422 (TTY) from 8am to 5pm Monday through Thursday. Please call at least one day prior to the meeting date to inform us of your particular needs and to determine if accommodation is possible. For sign language interpreter services at Council meetings, please request no less than four working days prior to the meeting.

AGENDA MATERIAL
Agenda material is available for review at the City Clerk's Office, Room 317 in City Hall, 1444 W. Garvey Avenue South, West Covina and at www.westcovina.org. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council that is distributed less than 72 hours before the meeting, will be made available for public inspection in the City Clerk’s Office, Room 317 of City Hall located at 1444 W.

Garvey Avenue South, West Covina, during normal business hours.

NOTICE
The City Council will regularly convene on the first and third Tuesday of the month. The West Covina Community Development Commission, West Covina Public Financing Authority and the West Covina Community Services Foundation are agencies on which the City Council serves as members. Agendas may contain items for these boards, as necessary.

PUBLIC COMMENTS

ADDRESSING THE CITY COUNCIL
Any person wishing to address the City Council on any matter listed on the agenda, excluding any matter set for a public hearing, or on any other matter within their jurisdiction must complete a speaker card that is provided at the entrance to the Council Chambers and submit the card to the City Clerk prior to the commencement of Oral Communications. No speaker cards will be accepted after the commencement of Oral Communications, except at the discretion of the Presiding Officer.

Please identify on the speaker card whether you are speaking on an agenda item or non-agenda. Requests to speak on agenda items will be heard prior to requests to speak on non-agenda items. Comments are limited to three (3) minutes per speaker, unless modified by the Presiding Officer or the City Council.

Any testimony or comments regarding a matter set for a public hearing will be heard during the hearing.

While members of the public are free to level criticism of City policies and the action(s) or proposed action(s) of the City Council or its members, members of the public may not engage in behavior that is disruptive to the orderly conduct of the meeting, including, but not limited to, speaking off topic, speaking beyond the speaker’s allotted time limit, making slanderous or profane remarks or using loud, threatening, or abusive language which disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent threat of physical harm. The City of West Covina will not tolerate harassment based upon a person’s race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, gender, sexual orientation, or age.

RULES OF DECORUM
Excerpts from the West Covina Municipal Code and Penal Code pertaining to the Rules of Decorum will be found at the end of agenda.

AGENDA
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY

TUESDAY FEBRUARY 3, 2026, 7:00 PM
REGULAR MEETING

INVOCATION
Led by Rajan Zed, President, Universal Society of Hinduism

PLEDGE OF ALLEGIANCE
Lizette Donato from South Hills High School

ROLL CALL

REPORTING OUT FROM CLOSED SESSION

PRESENTATIONS
Proclamation Celebrating Black History Month
Certificate Celebrating the West Covina Police Explorer POST #499 Certificate Honoring Teacher of the Year Rene Romero, South Hills High School Certificate Recognizing Lizette Donato, Student Board Member and member of the Mock Trial Team, South Hills High School
Taste of West Covina Presentation Recognizing Heavenly Flower's Taste of West Covina Presentation Recognizing Café 86

CITY MANAGER'S REPORT
City Manager's report on current City projects.

ORAL COMMUNICATIONS - Three (3) minutes per speaker
Please step forward to the podium and state your name and city of residence for the record when recognized by the Mayor.

CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council/Community Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action.

APPROVAL OF MEETING MINUTES
1) CONSIDERATION OF APPROVAL OF THE JANUARY 20 2026, CITY 1) CONSIDERATION OF APPROVAL OF THE JANUARY 20 2026, CITY

COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES AND THE JANUARY 20, 2026, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES.

That the Council approve the January 20, 2026, City Council/Successor Agency Regular Session Meeting Minutes, and the January 20, 2026, City Council/Successor Agency Closed Session Meeting Minutes.

CITY MANAGER'S OFFICE
2) CONSIDERATION OF MEMORANDUM OF AGREEMENT WITH SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENT FOR HOMELESS PROGRAMS AND ASSOCIATED BUDGET

AMENDMENT
It is recommended that the City Council:

Authorize the Acting City Manager to negotiate and execute a Memorandum of Agreement between the City of West Covina and the San Gabriel Valley Council of Governments, in a form approved by the City Attorney;

1. 2. Authorize the Acting City Manager to negotiate and execute related documents; and

3. Adopt the following Resolution:

RESOLUTION NO. 2026-06 – A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2025 AND ENDING JUNE 30, 2026 (SGV COG - MEASURE A)
3) CONSIDERATION OF WEST COVINA COMMERCIAL FACADE IMPROVEMENT GRANT

PROGRAM
It is recommended that the City Council approve the proposed guidelines for the City of West Covina Commercial Facade Improvement Grant Program.
4) CONSIDERATION OF ADOPTION OF ORDINANCE NO. 2537 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 2 OF THE WEST COVINA MUNICIPAL CODE TO ADD ARTICLE XII, ENTITLED "CODE OF CONDUCT"
It is recommended that the City Council adopt the following ordinance:

ORDINANCE NO. 2537 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 2 OF THE WEST COVINA MUNICIPAL CODE TO ADD ARTICLE XII, ENTITLED "CODE OF CONDUCT"

COMMUNITY DEVELOPMENT
5) CONSIDERATION OF DRAFT REQUEST FOR PROPOSALS FOR ASSESSMENT

ENGINEERING SERVICES AND BUDGET AMENDMENT FOR SUCH SERVICES It is recommended that the City Council:

Authorize the Community Development Department to issue a formal Request for Proposals (RFP) for Assessment Engineering Services; and

1. 2. Adopt the following resolution:

RESOLUTION NO. 2026-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2025 AND ENDING JUNE 30, 2026 (ASSESSMENT ENGINEERING SERVICES)
6) CONSIDERATION OF DRAFT REQUEST FOR PROPOSALS FOR CITY ENGINEERING

SERVICES, TRAFFIC ENGINEER SERVICES, ENGINEERING GRANT

WRITING/ADMINISTRATION SERVICES, AND ON-CALL GENERAL ENGINEERING

SERVICES
Staff recommends that the City Council authorize the Community Development Department to issue a formal Request for Proposals (RFP) for the City and Traffic Engineering, Grant Writing/Administration, and On-Call General Engineering Services.

FINANCE DEPARTMENT
7) CONSIDERATION OF INCREASE IN HOURLY RATES FOR LIMITED SERVICE

COMPENSATION SCHEDULE TO REFLECT INCREASE IN STATE HOURLY MINIMUM WAGE EFFECTIVE JANUARY 1, 2026
It is recommended that the City Council:

Approve wage adjustments to limited services positions to bring them into compliance with the State’s minimum wage requirement effective January 1, 2026; and

1. 2.  Adopt the following resolution:

RESOLUTION NO. 2026-13 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WEST COVINA, CALIFORNIA, AMENDING THE LIMITED SERVICE

COMPENSATION SCHEDULE FOR CONSISTENCY WITH STATE LAW
8) PURCHASING REPORT AND REJECTION OF UNAWARDED BID
It is recommended that the City Council take the following actions:

Receive and file the listing of all contracts and purchase orders that were awarded by the Acting City Manager from July 1, 2025 to December 31, 2025.

1. Reject the unawarded requests for bids and requests for proposals detailed within the staff report.

2. 9) CONSIDERATION OF THE FIRST QUARTER FINANCIAL REPORT AND BUDGET AMENDMENT FOR FISCAL YEAR 2025-26
It is recommended that the City Council take the following actions:

1. Receive and file the First Quarter Financial Report for Fiscal Year 2025-26; and

2. Adopt the following resolution:

RESOLUTION NO. 2026-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2025 AND ENDING JUNE 30, 2026 (FIRST QUARTER

FINANCIAL REPORT)
10) CONSIDERATION OF APPROVAL AND TRANSMITTAL OF AN ADMINISTRATIVE BUDGET AND A RECOGNIZED OBLIGATION PAYMENT SCHEDULE (“ROPS”) FOR THE PERIOD OF JULY 1, 2026 THROUGH JUNE 30, 2027 FOR THE SUCCESSOR AGENCY TO

THE FORMER WEST COVINA REDEVELOPMENT AGENCY
It is recommended that the City Council, acting as the Successor Agency to the former West It is recommended that the City Council, acting as the Successor Agency to the former West Covina Redevelopment Agency, adopt the following resolution:

RESOLUTION NO. 2026-09 – A RESOLUTION OF THE SUCCESSOR AGENCY TO

THE FORMER WEST COVINA REDEVELOPMENT AGENCY APPROVING AND

AUTHORIZING THE TRANSMITTAL OF AN ADMINISTRATIVE BUDGET AND A RECOGNIZED OBLIGATION PAYMENT SCHEDULE (“ROPS”) FOR THE PERIOD OF JULY 1, 2026 THROUGH JUNE 30, 2027

PUBLIC WORKS
11) CONSIDERATION OF AUTHORIZATION TO PURCHASE PARK AMENITIES (PICNIC

TABLES AND DRINKING FOUNTAINS)
Staff recommends that the City Council:

1. Authorize the purchase of the following park amenities to support ongoing park improvements and enhance public accessibility and use, provided the total cost for all amenities does not exceed $300,000:

Sixty-five (65) 8-foot PVC Traditional Picnic Tables
Thirty (30) 8-foot PVC Traditional ADA One-End Picnic Tables Four (4) Elkay Outdoor Pedestal Fountains with Pet Station Seven (7) Elkay Outdoor Upper Bottle Filling Stations
Six (6) Elkay Outdoor Pedestal Fountains

2. Authorize the Acting City Manager to execute all necessary purchase documents in accordance with the City's procurement policies.

END OF CONSENT CALENDAR

DEPARTMENTAL REGULAR MATTERS
12) CONSIDERATION OF APPOINTMENTS TO THE AUDIT COMMITTEE AND RESOLUTION

REVISING AUDIT COMMITTEE RULES AND REGULATIONS
It is recommended that the City Council:

1. Adopt the following resolution:

RESOLUTION NO. 2026-16 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WEST COVINA, CALIFORNIA, AMENDING THE AUDIT COMMITTEE RULES AND

REGULATIONS

2. Appoint the five (5) most recently serving Committee members to serve on the Audit Committee, for a term through December 31, 2027, as detailed in the staff report.

CITY MANAGER'S OFFICE
13) CONSIDERATION OF A DRAFT REQUEST FOR PROPOSALS FOR FEDERAL LOBBYIST

SERVICES
It is recommended that the City Council provide direction. 14) CONSIDERATION OF A DRAFT REQUEST FOR PROPOSALS FOR GRANT WRITING 14) CONSIDERATION OF A DRAFT REQUEST FOR PROPOSALS FOR GRANT WRITING

SERVICES
It is recommended that the City Council provide direction.

MAYOR/COUNCILMEMBERS REPORTS
AB 1234 Conference and Meeting Report (verbal, if any)
(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.)

CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of West Covina Standing Rules 4.f - Requests for reports, studies, or investigations that are not readily available must be placed on the City Council/Successor Agency agenda as items of business and must be approved by a majority of the City Council/Successor Agency Board.)

CITY COUNCIL COMMENTS

ADJOURNMENT
Next Tentative City Council Meeting
Regular Meeting February 17, 2026 7:00 PM
RULES OF DECORUM
The following are excerpts from the West Covina Municipal Code:

Section 2-47. - Addressing the council.

Pursuant to the California Government Code, any person wishing to address the city council on any matter on the agenda or on any other matter within their jurisdiction, excluding any matter set for a public hearing, may do so upon first securing the recognition of the presiding officer during the time designated as “Oral Communications” on the agenda. The city council may not act on any item unless it is listed on the agenda.

Section 2-48. - Manner of addressing city council; time limit; persons addressing may be sworn. (a) Each person wishing to address the city council shall submit a speaker card to the city clerk prior to the commencement of the time designated for oral communications. No speaker cards will be accepted after the commencement of oral communications, except at the discretion of the presiding officer. (b) When called forward by the presiding officer or the city clerk, each person addressing the city council shall step up to the podium and give his or her name and city of residence in an audible tone of voice for the record. (c) Each person addressing the city council during oral communications shall limit his or her comments to three (3) minutes, unless the time limit is modified by the presiding officer or the city council. In order to provide all speakers the opportunity to participate in oral communications, the presiding officer or the city council may reduce the time limit to allow reasonable time for all speakers to address the city council.
(d) All remarks shall be addressed to the city council as a body and not to any member thereof. No person, other than the city council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the city council, without the permission of the presiding officer. No question shall be asked of a council member except through the presiding officer.
(e) The presiding officer may require any person to be sworn as a witness before addressing the city council on any subject.

Any such person who, having taken an oath that he or she will testify truthfully, willfully and contrary to such oath states as true any material matter which he knows to be false may be held to answer criminally and subject to the penalty prescribed for perjury by the provisions of the California Penal Code.

Section 2-50. - Decorum—Required.
(a) While the city council is in session, council members shall preserve order and decorum, and a council member shall neither, by conversation or otherwise, delay or disrupt the proceedings or the peace of the council nor interrupt any council member while speaking or refuse to obey the orders of the council or its presiding officer, except as otherwise herein provided. (b) Members of the public shall not willfully disrupt the meeting or act in a manner that actually disrupts, disturbs, impedes, impairs, or renders infeasible the orderly conduct of the meeting. For the purposes of this Code, “willfully disrupt” includes, but is not limited to, continuing to do any of the following after being warned by the presiding officer that the behavior is disrupting the meeting and failure to cease the behavior may result in removal from the meeting:
(1) Addressing the mayor or city council without first being recognized. (2) Persisting in addressing a subject or subjects, other than that before the mayor and city council. (3) Repetitiously addressing the same subject.
(4) Failing to relinquish the podium when directed to do so. (5) From the audience, interrupting or attempting to interrupt, a speaker, the presiding officer, a council member, or a staff member, or shouting or attempting to shout over a speaker, the presiding officer, a council member or a staff member. (6) From the audience, engaging in disorderly, disruptive, or boisterous conduct, including, but not limited to, handclapping, stomping of feet, whistling, making noise, use of abusive, threatening or profane language or obscene gestures, yelling, obstructing the view of other audience members, or similar conduct which disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting.
(7) As a speaker, making slanderous or profane remarks or using loud, threatening, or abusive language which disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting; interrupting or attempting to interrupt the presiding officer, a council member, or a staff member; shouting over or attempting to shout over the presiding officer, a council member, or a staff member; or engaging in any other disorderly conduct which disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting. Nothing in this section or any rules of the city council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the city or of the acts or omissions of the city council. (8) Engaging in behavior that constitutes use of force or a true threat of force. (c) It shall be unlawful to violate the provisions of this section. A person violating this section may be removed and barred from further participation at the meeting at which the violation occurs. (d) If any subsection, sentence, clause, or phrase or word of this section 2-50 is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The city council hereby declares that it would have passed this section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases or words had been declared invalid or unconstitutional.

Section 2-51. - Enforcement of decorum.

The chief of police or any member or members of the police department or other members of the city staff may be designated by the council to be sergeant-at-arms when, in the opinion of the presiding officer, the services of a sergeant-at-arms is necessary, and the sergeant-at-arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in accordance with section 2-50 at the council meeting, including, but not limited to, removing and barring from further participation at the meeting any person who is willfully disrupting the orderly conduct of the meeting.

Section 2-52. Persons authorized to be within council area.

No person, except city officials, their representatives and members of the news media shall be permitted within the rail in front of the council chamber without the express consent of the council.

The following are excerpts from the Penal Code:

Section 148. Resisting public or peace officers or emergency medical technicians in discharge of their duties; Removal of weapon from person or presence of public or peace officer. (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

Section 403. Disturbance of assembly or meeting other than religious or political.

Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in Section 302 of the Penal Code or Section 18340 of the Elections Code, is guilty of a misdemeanor.

AGENDA ITEM NO. 1

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: February 3, 2026
TO: Mayor and City Council
FROM:

SUBJECT: CONSIDERATION OF APPROVAL OF THE JANUARY 20 2026, CITY

COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES AND THE JANUARY 20, 2026, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES.

RECOMMENDATION:

That the Council approve the January 20, 2026, City Council/Successor Agency Regular Session Meeting Minutes, and the January 20, 2026, City Council/Successor Agency Closed Session Meeting Minutes.

DISCUSSION:

That the City Council adopt the attached minutes.

Prepared by: Lisa Sherrick, Assistant City Clerk
Attachments
Attachment No. 1 - 1/20/2026 Closed Session Minutes Draft Attachment No. 2 - 1/20/2026 Regular Session Minutes Draft CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness ATTACHMENT NO. 1
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
JANUARY 20, 2026, 6:00 PM
REGULAR MEETING - CLOSED SESSION
MANAGEMENT RESOURCE CENTER 3RD FLOOR
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Letty Lopez-Viado
Mayor Pro Tem Ollie Cantos
Councilwoman Rosario Diaz
Councilmember Brian Gutierrez
Councilman Tony Wu

MINUTES
CALL TO ORDER
A Regular Session Meeting was called to order by Mayor Lopez-Viado on Tuesday, January 6, 2026, at 6:00 p.m., in the Management Resource Center, 1444 West Garvey Avenue South, West Covina, California.

ROLL CALL
Council Members

Present: Council Members, Rosario Diaz, Brian Gutierrez, Tony Wu. Mayor Pro Tem Ollie Cantos, Mayor Letty Lopez-Viado

Absent: None
City Staff: Milan Mrakich, Acting City Manager, Nilesh Mehta, Assistant City Manager.

Thomas Duarte, City Attorney, Scott Davenport Attorney, Jones Mayer, Jeff Anderson, Consultant, Arturo Cervantes, Deputy Director Community Development.

ATTACHMENT NO. 1
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
Louisa Fetetto – Meritage Homes
CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code § 54956.9(d)(1)

1.Ronnie Parham v. City of West Covina et al (USDC Court Case No. 2:21-cv-09774-FLA-GJS)

3. CONFERENCE WITH LABOR NEGOTIATORS - Pursuant to Government Code § 54957.6
City Negotiators:  Mrakich, Duarte
Employee Organizations
 Confidential Employees
 Maintenance & Crafts Employees
 Non-Sworn
 W.C. Police Officers’ Association
 W.C. Firefighters’ Management Assoc.
 W.C. Firefighters’ Association, I.A.F.F., Local 3226
 General Employees
 Mid-Management Employees
 W.C. Police Management Association
Unrepresented Employee Group
 Department Heads

ADJOURNMENT

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code § 54956.8
Property: 8458-020-901/1501 W. Del Norte St
Agency Negotiator: Mrakich, Duarte
Negotiating Parties: MLC Holdings
Under Negotiation: Terms
ATTACHMENT NO. 1
A motion to adjourn the Regular Closed Meeting was made by Mayor Letty LopezViado, and the meeting was adjourned at 6:55 p.m. The next regularly scheduled Regular Closed City Council Meeting will be held on Tuesday, February 2, 2026, at 6:00 p.m. in the Management Resource Center 3rd Floor, 1444 West Garvey Avenue South, West Covina, California.

Submitted By:
____________________________
Lisa Sherrick
Assistant City Clerk
__________________________
Letty Lopez-Viado
Mayor
ATTACHMENT NO. 2
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
JANUARY 20, 2026, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Letty Lopez-Viado
Mayor Pro Tem Ollie Cantos
Councilwoman Rosario Diaz
Councilmember Brian Gutierrez
Councilman Tony Wu

MINUTES

INVOCATION
Led by Pastor Mason Okubo from Immanuel First Lutheran Church PLEDGE OF ALLEGIANCE
Led by Councilman Wu
ROLL CALL
Council Members

Present: Council Members, Rosario Diaz, Gutierrez, Wu, Mayor Pro Tem Ollie Cantos, Mayor Letty Lopez-Viado
REPORTING OUT FROM CLOSED SESSION
None
ATTACHMENT NO. 2

PRESENTATIONS
 SB 1383 Outreach Presentation by Athens Services
CITY MANAGER'S REPORT
City Manager's report on current City projects.

ORAL COMMUNICATIONS - Three (3) minutes per speaker
John Shewmaker
Jim Grivich
Josh Murray
Eric Pinal
Doug Fore
Ray Vincent Vargas Jr.

Sherrie Berillon
JD
CONSENT CALENDAR
ACTION: Motion by Councilwoman Diaz and Second by Councilman Wu, 5-0 to:

Approve Consent Calendar Items 3 and 5. (Item No. 1 was pulled by Councilmember Gutierrez, Item No. 2 was pulled by Mayor Lopez-Viado, Item No. 4 was pulled by Acting City Manager Milan to move to a future meeting.) ACTION: Motion by Councilman Wu and Councilwoman Diaz, 4-0-1(Abstain:

Gutierrez) to: Approve Consent Calendar Item No. 1. (Item No. 1 was pulled by Councilmember Gutierrez)
ACTION: Motion by Councilman Wu and a Second by Mayor Lopez-Viado, 5-0 to:

Approve Consent Calendar Item No. 2. (Item No. 2 was pulled by Mayor Lopez-Viado).

APPROVAL OF MEETING MINUTES
1) CONSIDERATION OF APPROVAL OF THE JANUARY 6 2026, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES AND THE JANUARY 20, 2026, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES.

Carried 4-0-1(Abstain: Councilmember Gutierrez) to: approve the January 6, 2026, City Council/Successor Agency Regular Session Meeting Minutes, and the January 6, 2026, City Council/Successor Agency Closed Session Meeting Minutes.

CITY MANAGER'S OFFICE
2) CONSIDERATION OF COMMISSIONER APPOINTMENTS
Carried 5-0 to: receive and file this informational report.

ATTACHMENT NO. 2
3) CONSIDERATION OF MAYORAL APPOINTMENT OF CITY COUNCIL MEMBER REPRESENTATIVES TO VARIOUS ADVISORY BOARDS AND COMMITTEES Carried 5-0 to: adopt the following resolution:

RESOLUTION NO. 2026-07 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING APPOINTMENTS OF COUNCIL MEMBERS TO SERVE ON VARIOUS ADVISORY BOARDS AND COMMITTEES FINANCE DEPARTMENT
4) CONSIDERATION OF APPROVAL AND TRANSMITTAL OF AN
ADMINISTRATIVE BUDGET AND A RECOGNIZED OBLIGATION PAYMENT SCHEDULE (“ROPS”) FOR THE PERIOD OF JULY 1, 2026 THROUGH JUNE 30, 2027 FOR THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY
The City Manager pulled this item: It is recommended that the City Council, acting as the Successor Agency to the former West Covina Redevelopment Agency, adopt the following resolution:

RESOLUTION NO. 2026-09 – A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE TRANSMITTAL OF AN ADMINISTRATIVE BUDGET AND A RECOGNIZED OBLIGATION PAYMENT SCHEDULE (“ROPS”) FOR THE PERIOD OF JULY 1, 2026 THROUGH JUNE 30, 2027
FIRE DEPARTMENT
5) CONSIDERATION OF ADOPTION OF RESOLUTION ACKNOWLEDGING RECEIPT OF A REPORT ON THE FIRE DEPARTMENT'S COMPLIANCE WITH CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 13146.2 AND 13146.3 Carried 5-0 to: adopt Resolution No. 2026-08:

RESOLUTION NO. 2026-08 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACKNOWLEDGING RECEIPT OF THE REPORT REQUIRED PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 13146.4
END OF CONSENT CALENDAR
ATTACHMENT NO. 2

HEARINGS
PUBLIC HEARINGS
6) CONSIDERATION OF ADOPTION OF AN ORDINANCE TO ADOPT BY REFERENCE THE 2026 LOS ANGELES COUNTY BUILDING, ELECTRICAL, PLUMBING, MECHANICAL, RESIDENTIAL, AND EXISTING BUILDING CODES, WHICH ADOPT BY REFERENCE THE 2025 CALIFORNIA BUILDING, ELECTRICAL, PLUMBING, MECHANICAL, RESIDENTIAL, AND EXISTING BUILDING CODES, WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS THERETO ACTION: Motion by Councilman Wu and Second by Councilwoman Diaz, 5-0 to:

1. Conduct a public hearing regarding Ordinance No. 2536.

2. Adopt the following ordinance:

ORDINANCE NO. 2536 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTERS 7 AND 9 OF THE WEST COVINA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2026 LOS ANGELES COUNTY BUILDING CODE (TITLE 26), ELECTRICAL CODE (TITLE 27), PLUMBING CODE (TITLE 28), MECHANICAL CODE (TITLE 29), RESIDENTIAL CODE (TITLE 30), AND EXISTING BUILDING CODE (TITLE 33), WHICH ADOPT BY REFERENCE THE 2025 CALIFORNIA BUILDING CODE, ELECTRICAL CODE, PLUMBING CODE, MECHANICAL CODE, RESIDENTIAL CODE, AND EXISTING BUILDING CODE, WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS THERETO CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION 7) CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 2 OF THE WEST COVINA MUNICIPAL CODE TO ADOPT A CITY COUNCIL CODE OF CONDUCT AND ADOPTION OF A RESOLUTION REGARDING LEGISLATIVE INTENT AND

IMPLEMENTATION
ACTION: Motion by Councilman Wu and Second by Councilwoman Diaz, 5-0 to with changes removing language referencing “as a condition of assuming office and as an ongoing obligation during service” and changing language to include all Elected Officials:

Introduce the following ordinance amending Chapter 2 of the West Covina Municipal Code to adopt a City Council Code of Conduct:

ORDINANCE NO. 2537 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST  COVINA,  CALIFORNIA,  AMENDING  CHAPTER  2  OF  THE  WEST  COVINA MUNICIPAL  CODE  TO  ADD  ARTICLE  XII,  ENTITLED  "CITY  COUNCIL  CODE  OF CONDUCT"
ATTACHMENT NO. 2
ACTION: Motion by Councilwoman Diaz and Second by Mayor Pro Tem Cantos Diaz, 5- 0 to adopt the following resolution:

RESOLUTION NO. 2026-10 - A RESOLUTION OF THE CITY COUNCIL OF WEST COVINA,  CALIFORNIA,  AFFIRMING  LEGISLATIVE  INTENT,
ACKNOWLEDGING  PRIOR  DIRECTION,  AND  AUTHORIZING
IMPLEMENTATION OF THE CITY COUNCIL CODE OF CONDUCT
MAYOR/COUNCILMEMBERS REPORTS
None
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION  Councilmember Gutierrez: Request staff to agendize and provide a review of what is implemented regarding the Athens contract. – There was no support. An amendment from Mayor Pro Tem Cantos asking staff to look into the concerns that have been expressed by Business District regarding the cost, and report back to the Council, with support by Athens.  – No objection  Councilmember Gutierrez: Repeal the requirement in having the City Council to confirm Director appointment. – No second
 Councilmember Gutierrez: Would like staff to follow up with the Chinese American Association of West Covina (CAAWC) to determine when they will return money collected from the 2025 Moon Festival. – No second  Mayor Lopez-Viado: Requested a final report detailing the cost incurred by each Council member based on resources used. No objection
 Councilmember Gutierrez: Send notice to CAAWC and Film-it West Covina and ask them when they plan on submitting the tax returns and other requested documents. – No Support
CITY COUNCIL COMMENTS
 Mayor Pro Tem Cantos: Stated that absence for support regarding request does not equate that Council is not being transparent.
 Mayor Lopez-Viado: Thanked Mayor Pro Tem Cantos for his words.  Councilwoman Diaz: Thanked the PD Explores for their hard work in Arizona.

ADJOURNMENT
A motion to adjourn the Regular Meeting was made, and the meeting was adjourned at 9:35 p.m. The next regularly scheduled Regular Closed City Council Meeting will be ATTACHMENT NO. 2
held on Tuesday, February 2, 2026, at 7:00 p.m. in the Council Chamber, 1444 West Garvey Avenue South, West Covina, California.

Submitted By:
____________________________
Lisa Sherrick
Assistant City Clerk
__________________________
Letty Lopez Viado
Mayor
AGENDA ITEM NO. 2

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: February 3, 2026
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: CONSIDERATION OF MEMORANDUM OF AGREEMENT WITH SAN GABRIEL

VALLEY COUNCIL OF GOVERNMENT FOR HOMELESS PROGRAMS AND

ASSOCIATED BUDGET AMENDMENT
RECOMMENDATION:

It is recommended that the City Council:

Authorize the Acting City Manager to negotiate and execute a Memorandum of Agreement between the City of West Covina and the San Gabriel Valley Council of Governments, in a form approved by the City Attorney;

1. 2. Authorize the Acting City Manager to negotiate and execute related documents; and

3. Adopt the following Resolution:

RESOLUTION NO. 2026-06 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2025 AND ENDING JUNE 30, 2026 (SGV COG -

MEASURE A)
BACKGROUND:

In November 2024, Los Angeles County voters approved Measure A, a countywide ½ cent sales tax that replaces Measure H. Measure A is expected to generate over $1 billion annually to maintain existing homeless housing and services to support people currently experiencing homelessness in finding permanent solutions and expanding efforts to prevent homelessness in LA County.

Measure A requires at least 15% (or approximately $96.3 million) of the Comprehensive Homelessness Services funds to be allocated to the Local Solutions Fund (LSF) to support cities, Council of Governments, and unincorporated areas. The LSF distribution will use a formula based on the point-in-time count required by the United States Department of Housing and Urban Development and/or similar measures of people experiencing homelessness, as the Los Angeles County Board of Supervisors determines (LACoBOS).

Based on the formula approved by the LACoBOS, the City of West Covina will receive approximately $338,802 in FY 2025-26. The City will be a subrecipient of the funds through the County’s contract with the San Gabriel Valley Council of Governments (SGVCOG), which would be responsible for complying with all the terms and conditions of Measure including reporting and progress on meeting metrics. The Memorandum of Agreement (MOA) sets forth use and reporting obligations for the City as a recipient of the subrecipient funding.

DISCUSSION:

The City of West Covina has opted to receive an LSF allocation as a subrecipient to utilize for the purposes set forth in Measure A within its jurisdiction rather than participate with the SGVCOG on a regional basis. The SGVCOG has reviewed the City’s proposal on the use of funds and agreed that City may be a subrecipient of the LSF.

The funds will support providing Interim Housing for Persons Experiencing Homelessness (PEH) through a motel voucher program and beds provided through the Los Angeles Center for Alcohol and Drug Abuse (LA CADA).  Funding will also support LA CADA's operation and administration of the existing program that provides Case Management and Outreach Services for Clients with Substance Use Disorder (SUD) and/or Severe Mental Illness (SMI).

On April 4, 2024, the City Council approved extending the contract term with LA CADA for four years.

LA CADA provides case management and supportive services, with the goal of stabilizing participants and moving PEH into permanent housing.

LEGAL REVIEW:

The City Attorney's Office has reviewed the resolution and approved it as to form and will approve the final form of the agreement prior to execution.

OPTIONS:

The City Council has the following options:

1. Approve the staff recommendation

2. Provide alternative direction.

Prepared by: Kelly McDonald, Assistant to the City Manager Fiscal Impact
FISCAL IMPACT:

The total allocation for FY 2025-26 from the LA County Measure A – Local Solutions Fund is $338,802.

The attached Budget Amendment allocates these funds. Measure A funding is paid out on a reimbursement basis.

Attachments
Attachment No. 1 - MOA with SGVCOG
Attachment No. 2 - Resolution No. 2026-06
CITY COUNCIL GOALS & OBJECTIVES: Address Homeless Issues Maintain Good Intergovernmental Relations
ATTACHMENT NO. 1
1577027.1

MEMORANDUM OF AGREEMENT

BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF

GOVERNMENTS AND THE CITY OF WEST COVINA FOR

DISTRIBUTION AND USE OF MEASURE A LOCAL SOLUTIONS
FUNDS
This Memorandum of Agreement (“MOA”) is made as of this 20th, day of January, 2026 by and between the City of West Covina, a municipal corporation (“City”), and the San Gabriel Valley Council of Governments, a California joint powers authority (“SGVCOG”). City and SGVCOG may be referred to herein collectively as the “Parties” or individually as a “Party.” RECITALS:

A. In November of 2024 the voters in Los Angeles County (“County”) approved an ordinance imposing a half-cent sales tax on all sales of tangible personal property sold within the County (hereafter, “Measure A”), the primary purpose of which is to address homelessness within the County.

B. The tax will be collected by the County Auditor-Controller and pursuant to Measure A 60% of the proceeds are to be distributed by the County Auditor-Controller to the County.

C. As further set forth in Measure A, at least 15% of the 60% Measure A proceeds received by the County are allocated for the Local Solutions Fund (“LSF”).

D. Under Measure A, the proceeds allocated to LSF are to be distributed to, as determined by the County, to cities or council of governments. Of the 31 SGVCOG member cities, seven cities will have direct agreements with the County for an allocation of LSF, while the LSF allocation for the remaining 26 cities is pursuant to an agreement between the SGVCOG and the County, which agreement was entered into on August 28, 2025 (“County LSF Agreement”).

E. The SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley by the member cities and other local governmental agencies and intends to use its LSF allocation to address homelessness on a regional basis within its jurisdiction.

F. Rather than participate with the SGVCOG in addressing homelessness on a regional basis from a LSF funding standpoint, the City has notified the SGVCOG of its preference to receive an LSF allocation as a sub-recipient to utilize for the purposes set forth in Measure A within its jurisdiction and the SGVCOG has agreed that City may be a sub-recipient of the LSF.

G. The City has been awarded Three Hundred Thirty-Eight Thousand Eight Hundred Two Dollars ($338,802) (the “Subrecipient Funding”) for the 2025-26 Fiscal Year. 4913-0180-9766, v. 1
H. The City acknowledges that the SGVCOG is ultimately responsible, as between itself and the County, for documenting that the Subrecipient Funding was expended in compliance with the terms and conditions of the County LSF Agreement and as a result recognizes that City’s failure to expend funds in accordance with the County LSF Agreement or this MOA or provide timely documentation to the SGVCOG as set forth in this MOA could harm the SGVCOG’s reputation and result in financial assessments against the SGVCOG and as such, the City represents that it will undertake with all due diligence the fulfillment of its obligations under this MOA
I. City and SGVCOG desire to set forth the terms of their respective responsibilities in implementing in this MOA. The recitals are made a substantive part of this MOA and the Parties further agree as follows:

I. TERM:

The term of this MOA shall commence on the date set forth above and shall continue until the City has met all of its reporting obligations and returned to the SGVCOG any portion of the Subrecipient Funding that might be required under this MOA, unless terminated earlier as provided herein. The term of this MOA may be extended by mutual written agreement of the Parties.

II. RESPONSIBILITIES OF THE PARTIES:

A. SGVCOG shall:

1. Designate a point-of-contact with name, title, and contact information who will serve as the SGVCOG’s project manager throughout the Project. If the point-of-contact is reassigned or no longer with the SGVCOG, a new pointof-contact will be designated within seven (7) calendar days.

2. Serve as the administrator of the LSF allocated to the SGVCOG.

3. As between the County and the SGVCOG, be responsible for all reporting to the County of the City’s use of the Subrecipient Funding as required by the County LSF Agreement, a copy of which is attached hereto as Exhibit “A” and incorporated herein by reference and made a part of this MOA.

4. Reimburse the Subrecipient Funding to City in an amount up to Three Hundred Thirty-Eight Thousand Eight Hundred Two Dollars ($338,802) in accordance with the Project Budget attached hereto as Exhibit “C” and incorporated herein by reference.

5. Review City reports, documents, expenditures, and other materials required of City pursuant to this MOA and the County LSF Agreement (collectively, the “City Documents”) to ensure that such City Documents are sufficient for the SGVCOG to meet its reporting obligations under the County LSF Agreement and as otherwise required by this MOA.

6. Notify the City concerning any deficiencies in the City Documents and what additional information or corrections are needed.
4913-0180-9766, v. 1
B. City shall:

1. Designate a point-of-contact with name, title, and contact information who will serve as the City’s project manager throughout the Project. If the pointof-contact is reassigned or no longer with the City, a new point-of-contact will be designated within seven (7) calendar days.

2. Utilize the Subrecipient Funding only for expenditures directly related to the Scope of Services attached hereto as Exhibit “B” and incorporated herein by reference (“Scope of Services”) and otherwise ensure that all expenditures meet all requirements of the County LSF Agreement and this MOA.

3. Be responsible for implementation of the Scope of Services, including, but not limited to retaining such consultants and contractors as necessary to complete the Scope of Services and obtaining from such consultants and contractors all information that may be needed to ensure the City Documents meet the requirements of this MOA.

4. Be solely responsible for paying any such consultants and contractors from the Subrecipient Funding or other City funds.

5. Participate in check-in calls and/or meetings with the SGVCOG and/or County as reasonably requested, and promptly respond to SGVCOG and/or County requests for information, Scope of Services status, and any deficiencies noted by the SGVCOG and/or the County in the City Documents. .

6. Timely provide to the SGVCOG all City Documents that are required under this MOA and otherwise to enable the SGVCOG to fulfill its reporting obligations under the County LSF Agreement with respect to the Subrecipient Funding. City agrees and acknowledges that the SGVCOG will primarily be relying on the City Documents with respect to the SGVCOG’s reporting obligations under the County LSF Agreement with respect to the Subrecipient Funding. To the extent that the County determines there any deficiencies in such SGVCOG’s reporting obligations that arise in whole or part from City Documents containing errors, misrepresentations, omissions or any other deficiencies, City shall promptly correct such deficiencies upon notice from the SGVCOG, but in no event in less than five (5) business days from the date of the SGVCOG’s notification to the City of such errors or omissions.

7. Provide quarterly reports in a form acceptable to the SGVCOG that includes, but is not limited to, information describing the implementation of the Scope of Services and expenditures related to such work and all other information required by the SGVCOG to meet its reporting obligations under the County LSF Agreement. The City acknowledges that under the County LSF Agreement the SGVCOG is required to submit quarterly reports by the 30th day of October of 2025, and January, April, and July of 2026 and that such quarterly reports must contain information regarding the City’s use of the Subrecipient Funding. As a result, the City’s quarterly reports shall be due by the 15th of October of 2025, and January, April and July of 2026.

8. Provide an annual report by August 1, 2026, containing all the information required by the SGVCOG to fulfill its annual reporting obligations under the County LSF Agreement, including but not limited to, an accounting 4913-0180-9766, v. 1
evidencing whether the City spent 70% by June 15, 2026, of the Subrecipient Funding during fiscal year 2025-26. The City acknowledges that under the County LSF Agreement the SGVCOG is required to submit its annual report on October 1, 2026 and that such annual report must contain information regarding the City’s use of the Subrecipient Funding. As a result, the City’s annual report shall be submitted to the SGVCOG by August 1, 2026.

9. Expend 50% of Subrecipient Funding by April 1, 2026. If City is unable to expend 50% of Subrecipient Funding, City must submit a written plan for how it will expend 70% of Subrecipient Funding by June 15, 2026. The City acknowledges that under the County LSF Agreement, effective October 1, 2027, if the SGVCOG has unexpended funds equaling 30% or more of its allocated proceeds from the Local Solutions Fund in two consecutive annual reports, the excess amount exceeding the 30% threshold will be returned to the County LSF. As a result, the City shall ensure that its expenditures meet that target. If the City fails to meet this target, the SGVCOG, in accordance with this MOA and the County LSF Agreement, the amount of Subrecipient Funding exceeding the 30% threshold will be reallocated and transferred to regional programs.

10. Submit requests to amend Exhibit C to the SGVCOG as soon as possible and no later than April 1, 2026. The City acknowledges that under the County LSF Agreement, the SGVCOG is required to submit budget amendment requests to the County for County approval. SGVCOG cannot guarantee that such modifications will be approved by the County.

11. At all times be a member of the SGVCOG in good standing (meaning current with dues owed as a SGVCOG member agency and not suspended) throughout the term of this MOA. Should City provided notice of withdrawal from the SGVCOG pursuant to the Joint Powers Agreement forming the SGVCOG, the SGVCOG may, in its discretion, terminate this Agreement upon written notice.

III. INVOICING
A. City must submit invoices on a monthly basis, no later than the fifteenth (15th) day of each month, evidencing all eligible costs and expenses incurred. City must provide all necessary documentation, including but not limited to invoices and deliverables, as support for the invoice. The invoice must include all work completed during the previous month. City’s final invoice shall be submitted within thirty (30) days of the end of the MOA term.

B. If City does not timely submit invoices, then at the SGVCOG’s sole discretion, all work intended to be paid by such invoice may be considered gratuitous effort on the part of the City, for which City has no claim whatsoever against the SGVCOG.

C. City shall be liable and solely responsible for repayment to SGVCOG of any Project reimbursement requests denied by the County pursuant to Section VIII.C. of the County LSF Agreement resulting solely from City’s failure to timely submit invoices to SGVCOG in accordance with this MOA.
4913-0180-9766, v. 1
D. City must submit reports, consistent with a format approved by the SGVCOG, by the 15th of the month detailing outcomes during the service period.

IV. PROJECT MANAGEMENT:

A. Project Managers.

1. For the purposes of this MOA, SGVCOG designates the following individual as its Project Manager:

Samantha Piedra
Senior Management Analyst
(626) 373-2484
[email protected]

2. For the purposes of this MOA, the City designates the following individual as its representative:

Kelly McDonald
Assistant to the City Manager
(626) 939-8498
[email protected]
Either Party may change the designations set forth herein upon written notice to the other Party that includes all the information for the representative required by this Section IV.

IV. DEFAULT; REMEDIES:

A. Default. A “Default” under this MOA is defined as any one or more of the following: (i) failure of either Party to comply with the terms and conditions contained in this MOA; and/or (ii) failure of either Party to perform its obligations set forth herein satisfactorily.

B. Remedies. In the event of a Default by either Party, the non-defaulting Party will provide a written notice of such Default and thirty (30) days to cure the Default. In the event that the defaulting Party fails to cure the Default, or commit to cure the Default and commence the same within such 30-day period and to the satisfaction of the non-defaulting Party, the non-defaulting Party may terminate this MOA. Such termination shall be effective immediately upon the provision of written notice by the non-defaulting Party to the defaulting Party. The remedies described herein are non-exclusive. In the event of a Default by either Party, the non-defaulting Party shall have the right to seek any and all remedies available at law or in equity. Notwithstanding the foregoing, the SGVCOG is under no obligation to provide the City with the opportunity to cure a default which has resulted in the City not being a member in good standing as set forth in Section II.B.10 above.
4913-0180-9766, v. 1
V. INDEMNIFICATION:

A. City agrees to defend, indemnify, and hold free and harmless the SGVCOG, its member agencies, and their respective elected and appointed boards, officials, officers, agents, employees, and volunteers (collectively, the “SGVCOG Indemnitees”), at City’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings (collectively, “Claims”) brought against the SGVCOG Indemnitees arising out of or relating to the acts or omissions of City in connection with this MOA, including, but not limited to, penalties, fines, or demands for reimbursement of LHF proceeds that are caused by or related to the City’s errors, misrepresentations, omissions, or other deficiencies in the City Documents, including not timely provide reports within the time provided in this MOA.

B. SGVCOG agrees to defend, indemnify, and hold free and harmless the City, its elected officials, officers, agents, employees, and volunteers, at SGVCOG’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the City, its elected officials, officers, agents, employees, and volunteers arising out of or relating to the negligent or willful acts of the SGVCOG in connection with this MOA.

C. To the extent allowed by State law, City shall require that any consultants it retains to perform Scope of Services, defend and indemnify the SGVCOG Indemnitees from and against any and all Claims brought against the SGVCOG Indemnitees arising out of or relating to the acts or omissions of the consultant(s) in connection with the Scope of Services, in the agreement between the consultant and the City and to name the SGVCOG Indemnitees as an additional insured.

D. The indemnity obligations stated in this section shall survive termination of this MOA.

VI. TERMINATION
A. This MOA may be terminated by the SGVCOG at any time that the City is no longer a SGVCOG member in good standing as set forth in Section II.B.10 above or has given the SGVOCG notice of withdrawal from the SGVCOG. Termination will occur the later of the date set forth in the notice or three calendar days (Sundays excluded) from the date the SGVCOG’s notice of termination is deposited in the U.S. Mail, postage pre-paid, at the address provided in this MOA for notices or such new replacement address that the City provides in writing to the SGVCOG. In addition to the delivery by U.S. Mail, notices may also be sent by electronic mail As of the effective date of any such termination the City shall no longer be eligible to expend its Subrecipient Funding and shall immediately cease implementation of the Scope of Services and not further expend any Subrecipient Funding funds except those which are reasonably and necessarily incurred up to the effective date of termination and expended in accordance 4913-0180-9766, v. 1
with this MOA. The City shall return all unexpended proceeds from the Subrecipient Funding with 15 calendar days of the effective date of the SGVCOG’s notice of termination and provide for an accounting of such funds to the reasonable satisfaction of the SGVCOG. Funds not returned within that time shall accrue interest at the rate of 10% per annum. The City’s return of unexpended proceeds shall not relieve it of any obligations it might otherwise have to return any portion of the Subrecipient Funding that might be required of the SGVCOG under the County LSF MOA and/or because it is later determined that the City’s expenditures were otherwise not in compliance with this MOA.

B. This MOA may be terminated for cause at any time for a material default by either Party upon written notice to the other Party. Prior to such termination, the nondefaulting Party shall notify the defaulting Party of the action or non-action constituting the material default. The defaulting Party shall have 10 business days in which to cure the default. If the default cannot be reasonably cured within 10 business days, the defaulting Party shall commence the cure within the 10 business days and work promptly to cure the default within in a reasonable time, but in no event, more than 30 calendar days. If not cured to the reasonable satisfaction of the non-defaulting Party issuing the written notice within such time periods, the non-defaulting Party shall provide notice of the failure to cure to the defaulting Party and the MOA shall terminate three calendar days after the date the notice is deposited in the U.S. Mail, unless otherwise stated at a later time in the written notice.

VII. INSURANCE:

A. City and SGVCOG shall maintain and keep in full force and effect during the term of this MOA insurance or a program of self-insurance against claims for injuries to persons or damages to property which may arise in connection with City’s or SGVCOG’s performance of its obligations hereunder.

VIII. BOOKS AND RECORDS/RIGHT TO AUDIT
A. Maintenance of Books and Records. City shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures, and disbursements charged to SGVCOG pursuant to this MOA (collectively, “Books and Records”). All such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by City pursuant to this MOA. All such documents or records shall be maintained for three (3) years from the date of execution of this MOA and to the extent required by laws relating to audits of SGVCOG and its expenditures and the County LSF Agreement.

B Right to Audit. The SGVCOG and/or the County shall have the right to examine and audit all of City’s Books and Records to determine compliance with the terms 4913-0180-9766, v. 1
of this MOA, verify performance and determine the validity of City’s expenditures.

City shall reasonably cooperate with the SGVCOG and/or the County in its examination and auditing and make such Books and Records, available to the SGVCOG or the County within five business days of SGVCOG’s or County’s written request during City’s normal business hours. The SGVCOG and/or the County shall pay for the cost of the audit; provided that in the event the audit determines that during the period audited that any City expenditures of 3% or more were invalid, then City shall be liable to the SGVCOG for the reasonable costs of its audit. To the extent the audit disallows any expenditures paid from the Subrecipient Funding, City shall reimburse the SGVCOG with 30 days of SGVCOG’s written demand for such amount and if applicable, the cost of the audit.

In the alternative, the SGVCOG may, in its discretion, withhold the amount of the disallowed expenditure and the cost of the audit from any future LSF funds allocated to the City. Should City fail to reimburse the SGVCOG within 30 days of SGVCOG’s written demand, interest shall accrue on the amount owed at the rate of 10 percent per month or the maximum amount allowable by law, whichever is less, until fully paid.

IX. OTHER TERMS AND CONDITIONS:

A. Notices. All notices required or permitted to be given under this MOA shall be in writing and shall be personally delivered, or sent by electronic mail or certified mail, postage prepaid and return receipt requested, addressed as follows:

To SGVCOG: Samantha Piedra
Senior Management Analyst
San Gabriel Valley Council of Governments
1333 S. Mayflower, Suite 360
Monrovia, CA 91016
[email protected]

with a copy to: Marisa Creter
Executive Director
San Gabriel Valley Council of Governments
1333 S. Mayflower, Suite 360
Monrovia, CA 91016
[email protected]
To City: Kelly McDonald
Assistant to the City Manager
1444 W. Garvey Ave.

West Covina, CA 91790
[email protected]
with a copy to: Milan Mrakich
City Manager
4913-0180-9766, v. 1
1444 W. Garvey Ave.

West Covina, CA 91790
mmrakich @westcovina.org
B. No Partnership. This MOA is not intended to be, and shall not be construed as, an agreement to form a partnership, agency relationship, or a joint venture between the Parties. Except as otherwise specifically provided in the MOA, neither Party shall be authorized to act as an agent of or otherwise to represent the other Party.

C. Entire MOA. This MOA and any exhibits attached hereto, constitute the entire understanding between the Parties with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. Except for changes in the designation of representatives and the address for notices, this MOA may be modified only by way of a written amendment and signed by the Parties in interest at the time of such modification. To the extent there is any conflict between this MOA and the County LSF Agreement then the County LSF Agreement shall control.

D. Governing Law. This MOA shall be governed by and construed under California law and any applicable federal law without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this MOA, the Parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.

E. Attorneys’ Fees. In the event that there is any litigation or other legal proceeding between the Parties in connection with this MOA, each Party shall bear its own costs and expenses, including attorneys’ fees; provided that if the SGVCOG institutes litigation to recover any amounts owed to it by the City, the prevailing Party in any such action as determined by a court of competent jurisdiction or binding arbitration, should the Parties submit to same, shall be entitled to all reasonable costs and expenses, including attorneys’ fees.

F. Excusable Delays. Neither Party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquakes, fires, acts of a public enemy, pandemic, epidemic, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this MOA.

G. Waiver. Waiver by any Party to this MOA of any term, condition, or covenant of this MOA shall not constitute a waiver of any other term, condition, or covenant. No waiver of any provision of this MOA shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought.

H. Headings. The section headings contained in this MOA are for convenience and 4913-0180-9766, v. 1
identification only and shall not be deemed to limit or define the contents to which they relate.

I. Assignment. Neither Party may assign its interest in this MOA, or any part thereof, without the prior written consent of the other Party. Any assignment without consent shall be void and unenforceable.

J. Severability. If any provision of this MOA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

K. Authority to Execute. The person executing this MOA on behalf of a Party warrant that they are duly authorized to execute this MOA on behalf of said Party, and that by doing so said Party is formally bound to the provisions of this MOA.

L. Nondiscrimination. Neither Party shall discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this MOA and will comply with all rules and regulations of the SGVCOG and/or County relating thereto. Such nondiscrimination shall include, but not be limited to, the following: employment; upgrading; demotion; transfers; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

M. Counterparts. This MOA may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

N. Electronic Signatures. This MOA may be executed with electronic signatures in accordance with Government Code Section 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. [signatures on following page]
4913-0180-9766, v. 1
IN WITNESS WHEREOF, the Parties hereto have caused this MOA to be executed to be effective as of the day and year first above written.

FOR THE CITY OF WEST COVINA
By: ___________________________
Milian Mrakich
Acting City Manager

FOR THE SGVCOG
By: ______________________________
Marisa Creter
Chief Executive Officer
Approved as to form:

By: ___________________________
Thomas Duarte
City Attorney
Approved as to form:
_______________________________
Cassie Trapesonian
General Counsel
4898-2429-7814, v. 1
Exhibit A
County LSF Agreement
4898-2429-7814, v. 1
Exhibit B
Scope of Services
1B: Eligible Use Interim Housing for Persons Experiencing Homelessness (PEH) Project Interim Housing – Motel Vouchers Program
Project Description The funds will support SGVCOG's Motel Vouchers Program provided for the City, which will administer a motel voucher program to temporarily house individuals and families experiencing homelessness.

The Program will offer interim housing stays to address urgent situations, including the bridge time period before moving into permanent housing, extreme weather conditions, fleeing domestic violence, and other emergencies. Case managers will work with each client to connect them to supportive services. The City may subcontract with a service provider to administer the program. Case managers will have access to these resources.

Project Specific Key
Performance
Indicators (PS-KPI)
and Target
Outcomes (PS-TO)
PS-KPI: Number of Persons Experiencing Homelessness
(PEH)/Households housed in interim housing with motel vouchers • PS-TO: 100 unduplicated PEH
PS-KPI: Number of PEH/Households placed into permanent housing within three months of receiving a motel voucher
• PS-TO: 60 unduplicated PEH
Measure A Goals
and Target Metric
Alignment with Measure A Goal #1: Increase the number of people moving from encampments into permanent housing to reduce unsheltered homelessness:

Target Metric 1a: Decrease by 30 percent the number of people experiencing unsheltered homelessness from a baseline of 52,365 in 2024 to a target of 36,656 in 2030.
1C: Eligible Use Interim Housing for PEH
Project Interim Housing – LA CADA Beds
Project Description The funds will support SGVCOG's sub agreement with the City of West Covina to provide eight (8) interim housing beds operated by LA CADA. This project is designed to serve as a direct pathway to permanent housing for people moving from encampments to interim housing. The beds, located at sites located throughout the San Gabriel Valley and Los Angeles County. Through its agreement with West Covina, LA CADA guarantees permanent access to these eight beds within the LA CADA continuum of care. LA CADA will assess clients prior to the interim housing stay, and, once a client is housed in a LA CADA interim bed, LA CADA staff will link clients to other supportive services and case management with an emphasis on housing focused case management. LA CADA will communicate program operational standards and will utilize the beds in alignment with those standards.

Project Specific Key
Performance
PS-KPI: Number of PEH provided interim housing
• PS-TO: 40 unduplicated PEH
4898-2429-7814, v. 1
Indicators (PS-KPI)
and Target
Outcomes (PS-TO)
PS-KPI: Number of PEH placed into permanent housing
• 8 unduplicated PEH
Measure A Goals
and Target Metric
Alignment with Measure A Goal #1: Increase the number of people moving from encampments into permanent housing to reduce unsheltered homelessness:

Target Metric 1a: Decrease by 30 percent the number of people experiencing unsheltered homelessness from a baseline of 52,365 in 2024 to a target of 36,656 in 2030.
2B: Eligible Use Case Management and Outreach Services
Project Case Management & Outreach Services for Clients with Substance Use Disorder (SUD) and/or Severe Mental Illness (SMI) – West Covina
Project Description The funds will support SGVCOG subagreement with the city of West Covina, which will enter into its own subcontract and provide partial funding to LA CADA to deliver case management and outreach services for PEH, with a focus on individuals with SUD or SMI. The LA CADA team, partially funded by this program, will consist of a Program Manager, Program Coordinator, Navigator/Case Manager, and Housing Specialist, and will have access to various housing resources, including those funded by Measure A and other sources.

Services will consist of outreach, medication, therapy, peer-to-peer support, case management, health screening, group counseling, dual diagnosis treatment groups, and housing placement for PEH not yet enrolled in specialty mental health services that are Medi-Cal billable.

Group 2 Connection The project will be connected with the following investments/programs funded by other entities, governmental or nongovernmental, including local agencies such as:

This project will be an avenue for PEH to connect to other Measure Afunded housing resources (such as Projects 1B, 1E, 1F, 1G, and 1H herein). LA CADA teams will be able to place clients into those housing resources as part of their case management and outreach services. In addition, LA CADA has a robust continuum of housing resources to which clients can be referred, and relationships and connections managed by other Local, County, State, and Federal programs, including those executed by LAHSA, DMH, DHS, DCFS, VA, and APS. In addition, the respective LA CADA teams will work in collaboration with SPA 3 CES lead agencies to help connect PEH to shelter (interim housing, recuperative care), permanent housing (Section 8 vouchers), mental health services (DMH), health services (DHS), and substance use treatment services (Medi-Cal funded).

Project Specific Key
Performance
PS-KPI: Number of PEH connected to outpatient/inpatient services • PS-TO: 8 unduplicated PEH
4898-2429-7814, v. 1
Indicators (PS-KPI)
and Target
Outcomes (PS-TO)
PS-KPI: Number of PEH placed in interim or permanent SUD/SMI housing
• PS-TO: 1 unduplicated PEH placement
Measure A Goals
and Target Metric
Alignment with Measure A Goal #2: Reduce the number of people with mental illness and or substance use disorders who experience homelessness.

Target Metric 2c: Reduce by 10 percent the number of people with cooccurring SMI and SUD experiencing homelessness from a baseline of 20,446 in fiscal year 2023-24 to a target of 18,401 in 2030.

Project 4D Admin Costs: Case Management and Outreach Services – West Covina
Project Description The funds will support West Covina's Project 2B by covering operational expenses for LA CADA, including office expenses, maintenance, insurance, facility costs, utilities, telephone, van lease/gas, and indirect costs.

Implementation of the above-listed programs must align with best practices for the operation of the respective programs.

City must submit reports and materials to the SGVCOG documenting the implementation of the Project, in alignment with the Project Description above and non-congregate interim housing best practices, and the Project Specific Key Performance Indicators and Target Outcomes outlined above, in a format approved by the SGVCOG. Reports must be submitted in alignment with Section II.B.7 and Section II.B.8 of this MOA.
4898-2429-7814, v. 1
Exhibit C
Project Budget
The Subrecipient Funding is Three Hundred Thirty-Eight Thousand Eight Hundred Two Dollars ($338,802), allocated as shown in Table 1 below.

Table 1. Budget
Project No. Project Description Project Amount
1B Interim Housing – Motel Vouchers Program $50,000
1C Interim Housing – LA CADA Beds (8 interim housing
beds)
$50,000
2B Case Management & Outreach Services for Clients with Substance Use Disorder (SUD) and/or Severe Mental
Illness (SMI) – West Covina (includes partial funding for a program manager, program coordinator, case manager, and housing specialist)
$170,708
4D Admin Costs: Case Management and Outreach Services – West Covina (supports Project 2B by covering operational expenses for LA CADA)
$68,094
TOTAL $338,802
Funding shall be disbursed on a reimbursement basis.

Invoices shall be submitted monthly with supportive documentation attached.

ATTACHMENT NO. 2
RESOLUTION NO. 2026-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING A BUDGET

AMENDMENT FOR THE FISCAL YEAR COMMENCING
JULY 1, 2025 AND ENDING JUNE 30, 2026 (SGV COG –

MEASURE A)
The City Council of the City of West Covina hereby finds and declares as follows:

WHEREAS, on June 3, 2025, the Acting City Manager presented to the City Council a proposed budget for Fiscal Year 2025-26 in compliance with Section 2-151(m) of the West Covina Municipal Code; and
WHEREAS, the City held meetings and community workshops and conducted an online budget survey in order to solicit input from the public regarding the proposed budget; and
WHEREAS, on June 17, 2025, the City Council adopted a budget for Fiscal Year 2025-26; and
WHEREAS, amendments must periodically be made to the budget to conform to changed circumstances following adoption of the budget.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby approves Budget Amendment No. 2026-14, attached hereto as Exhibit A, for Fiscal Year 2025-26.

SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately.

APPROVED AND ADOPTED this 3rd day of February, 2026.

Letty Lopez-Viado
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick, CMC
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2026-06 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 3rd day of February, 2026, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick, CMC
Assistant City Clerk
Exhibit A
City of West Covina
Fiscal Year 2025-26
Budget Amendment No. 2026-14
Fund No. - Name
Current
Budget
Proposed
Amendment
Amended
Budget
Fund 236 – Measure A
Revenue 0 338,802 338,802
Expenditures 0 338,802 338,802
Net Change in Fund Balance 0 0 0
REVENUE TOTAL INCREASE 338,802 0
EXPENDITURE TOTAL INCREASE 338,802 0
AGENDA ITEM NO. 3

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: February 3, 2026
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: CONSIDERATION OF WEST COVINA COMMERCIAL FACADE IMPROVEMENT

GRANT PROGRAM
RECOMMENDATION:

It is recommended that the City Council approve the proposed guidelines for the City of West Covina Commercial Facade Improvement Grant Program.

BACKGROUND:

The City of West Covina’s economic development efforts support business attraction, business retention and expansion, job creation, increased tax revenues, and overall economic vitality.

To advance these goals, staff proposes the introduction of the Commercial Facade Improvement Grant Program, intended to help revitalize commercial districts by providing exterior improvement assistance to local businesses. The program will support businesses located within disadvantaged and low- to moderate-income CDBG-eligible areas and will help them attract customers, improve visibility, and enhance their storefronts. Eligible businesses may receive a reimbursement grant of up to $10,000 upon documentation of eligibility, location, and approved improvements.

DISCUSSION:

On July 15, 2025, the City Council adopted the FY 2025–2029 CDBG Consolidated Plan, which establishes priorities for the use of Community Development Block Grant (CDBG) funds over a five-year period. Economic development activities were designated as a High Priority category eligible for CDBG funding. For FY 2025–2026, the City received $819,862 in CDBG funds from the U.S. Department of Housing and Urban Development (HUD). Of this allocation, $100,000 was approved for the Commercial Facade Improvement Program.

The following are guidelines that will be imposed on businesses seeking financial assistance from the City. Applications will be evaluated based on the following criteria:

Criteria Points (Out of
100)
Matching Funds
Applicants that demonstrate a willingness to maximize the impact of funding and validate a community investment by leveraging grant funds to incentivize broad support and demonstrate resource mobilization. Grant funds that are matched with an equal or predetermined amount in cash, will be scored  based on the portion of total project costs funded by matched funds.
35 Impact
Projects that boost neighborhood vitality and enhance the area's overall look and feel, including improvements that attract customers and those that apply in coordination with neighboring businesses.
25 Capacity
Applicants who show readiness and reliability, such as having a complete application, financial stability, project management capability, timely completion, long-term maintenance, and strong collaboration with City partners. 20 Need
Demonstrated the need for storefront upgrades that will meaningfully improve the business and surrounding area.
15 Vision
Designs that comply with program guidelines, are attractive, cohesive, durable, and elevate the storefront's appearance.
5 Community and Economic Development staff will begin accepting applications in April 2026 and will keep the application period open for two months, closing in May 2026. After the application window closes, staff will review all submissions and evaluate them using the established criteria, scoring each criterion on a scale from 1 (low) to 10 (high). Applications that earn a total score of 80 points or higher will qualify for a grant. If more than ten applications receive qualifying scores, the grants will be awarded to the highest-scoring applicants. All applicants will be notified within four weeks of their submission regarding whether their project has been approved.

Business owners who meet all the following criteria at the time of application submission are eligible to receive a $10,000 reimbursement grant:

Commercial business must be in a CDBG-census tract
Commercial business must hold an active West Covina business license Commercial business must operate a street-level storefront on Azusa Ave.

Commercial business must have a SAM.gov clearance
Commercial business must have a record of good standing with the California Secretary of State Commercial business must own the property where the business takes place or have a lease in place that covers no less than 3 years after construction completion.

Business owners who are awarded a facade improvement grant will be able to use the funding towards the following eligible improvements:

Exterior Signs (new or replacement)
Painting or exterior surface treatment (murals, stucco, tile, stone, or brick replacement) New or replacement of exterior doors
Outdoor lighting (must be affixed)
Installation or replacement of decorative or security fencing Replacement of plate glass windows; re-glazing of windows or change of windows Window art and merchandising supplies/equipment including vinyl decals and graphics The program will operate on a reimbursement basis. Grantees must obtain pre-approval from the City for all proposed upgrades, complete the approved work, and subsequently submit a request for reimbursement upon project completion.

Repairs will not be eligible for reimbursement. When applying, applicants will need to indicate whether the proposed work involves a replacement or a new installation. Proposed scopes of work will need to be completed as part of the application and will need to receive design and eligibility pre-approval from City staff. No improvements may commence prior to the completion of the Environmental Review, as required under federal regulations. Any work initiated before the Environmental Review is finalized will be deemed ineligible for reimbursement. Once the scope of work is approved and the Environmental Review is completed, applicants will be required to sign a grant agreement. Work may only begin after the agreement has been fully executed by all parties.

LEGAL REVIEW:

The City Attorney's Office has reviewed the staff report and the Commercial Facade Improvement Grant Program Guidelines.

OPTIONS:

The City Council has the following options:

1. Approve staff’s recommendation; or

2. Provide alternative directions.

Prepared by: Gerardo Rojas, Economic Development Project Coordinator Additional Approval: Donyea Adams, Economic Development & Housing Manager Additional Approval: Roxanne E. Lerma, Assistant City Manager Fiscal Impact
FISCAL IMPACT:

CDBG Funds will be utilized for the West Covina Commercial Façade Improvement Program. Impact to the CDBG funds will be based on the approved projects, however, will not impact funding for other CDBG programs/services. There will be no impact to the City's General Fund.

Attachments
Attachment No. 1 - West Covina Commercial Facade Improvement Program Guidelines CITY COUNCIL GOALS & OBJECTIVES: Expand Economic Development Opportunities City of West Covina
Commercial Facade Improvement Program
Grant Program Guidelines
Program Overview
The City of West Covina’s Commercial Facade Improvement Program helps businesses enhance their storefronts through exterior upgrades and renovations. The purpose of this program is to prevent blight and deterioration of commercial buildings in West Covina and to support businesses in disadvantaged and low- to moderate-income areas to attract customers and boost sales. Eligible businesses may receive up to $10,000 in grant funding.

Applicants must provide documentation confirming eligibility, location of their business, and proposed improvements.

Eligibility
Eligible business owners must meet all the following criteria at the time of application submission:
 Operate a for-profit business located in a CDBG census tract within West Covina  Hold an active West Covina business license
 The business fronts on Azuza Ave. and operates a street-level storefront. Second level businesses will not be considered
 Business owner is legally authorized to work and operate in the U.S.  Have an active and valid registration with the U.S. Government’s System for Award Management (SAM.gov)
 Have a record of good standing with the California Secretary of State  Own the property where the business takes place or have a lease in place with a term that ends no earlier than 3 years after the scheduled completion of construction  If an applicant is a tenant, they must obtain written authorization from the property owner before applying
 Property taxes, utility fees, and transient occupancy taxes (if applicable) must be current
 The business owner and subject property must not have any liens or be subject to legal judgments which would prohibit the funds from being used for the intended purposes of this program
Ineligible Businesses Include:
 Adult entertainment establishments, cannabis-related businesses, liquor stores, gambling establishments, pawn shops, check cashing businesses, and other businesses inconsistent with the program’s objectives.
 Churches, schools, colleges, universities, government buildings and nonprofit offices.

Eligible Use of Funds
 Exterior signs (new or replacement)
 Painting or exterior surface treatment (murals, stucco, tile, stone, or brick replacement)
 New or replacement of exterior doors
 Outdoor lighting (must be affixed)
 Installation or replacement of decorative or security fencing  Replacement of plate glass windows; re-glazing of windows or change of windows  Window art and merchandising supplies/equipment including vinyl decals and graphics
The City may also consider additional improvements not listed on a case-by-case basis.

Ineligible Use of Funds
In addition to activities ineligible for CDBG funding as outlined in 24 CFR Part 570, funds may not be used to:
 Reimburse expenses incurred prior to the grant award, including work commenced before pre-approval or environmental review
 Payoff non-business debt such as credit cards for purchases not associated with the business
 Pay for general business expenses, personal expenses, or to support other businesses in which the owner may have an interest
 Direct financing to political activities or the paying of taxes and fines  Purchase interior improvements, equipment or furniture  Conduct routine repairs or maintenance; only new or replacement improvements qualify
Selection Criteria
Applications will be evaluated on a 100-point scale. The following provides a summary of the criteria used for evaluations. The City reserves the right to decide whether to fund or decline funding to any applicant regardless of the number of points awarded, subject to the availability of funds and compliance with applicable regulations.  Matching Funds (35 pts): Applicants that demonstrate a willingness to maximize the impact of funding and validate a community investment by leveraging grant funds to incentivize broad support and demonstrate resource mobilization. Grant funds that are matched with an equal or predetermined amount in cash will be scored based on the portion of total project costs funded by matched funds. For example, if an applicant indicates that they will contribute $5,000 toward their improvements, they will receive 50% of the points available in this category, or 17.5 points. If an applicant indicates that they will contribute $10,000 toward their improvements, they will receive 100% of the points available in this category, or 35 points.  Impact (25 pts): Projects that boost neighborhood vitality and enhance the area's overall look and feel, including improvements that attract customers, and those that apply in coordination with neighboring businesses.
 Capacity (20 pts): Applicants who show readiness and reliability, such as having a complete application, financial stability, project management capability, timely completion, long-term maintenance, and strong collaboration with City partners.  Need (15 pts): Applicants who have demonstrated a need for storefront upgrades that will meaningfully improve the business and surrounding area.  Vision (5 pts): Designs that comply with program guidelines, are attractive, cohesive, durable, and elevate the storefront's appearance.

Important Information
 Reimbursement Grant: This program and its funding are reimbursement-based. After being selected for the grant, grantees must complete the approved work using their own funds, and then request reimbursement after the work is finished.  Recordkeeping and Reporting: The City of West Covina is required to maintain a file for each grantee which will include, at a minimum, proof of paid invoices, demographic information (including race and ethnicity), and other documentation required to verify eligibility under the Community Development Block Grant (CDBG) program. Grantees will be required to comply with all reasonable requests for information and documentation as necessary for the City to maintain its required files.
 Application Submission Requirements: When submitting your application, clearly indicate whether your proposed work involves a replacement or a new installation.

Repairs are not eligible expenses.
 Scope of Work Approval: All proposed scopes of work must be pre-approved by City staff for design and eligibility. You may not begin work until the scope and design is approved, the environmental review is completed, and the grant agreement is executed. You will receive written confirmation when your proposed scope has been pre-approved.
 Environmental Review Requirement: Do not begin any improvements before your environmental review is complete. This is a federal funding requirement. Work started prior to completion of the environmental review will not be eligible for reimbursement.
 Grant Agreement Execution: After your scope of work is approved and your environmental review is complete, you will be asked to sign a grant agreement. Work may only begin after the agreement has been fully executed by all parties. Work started prior to execution of the agreement will not be eligible for reimbursement.

Tentative Timeline
 Grant Application Opens: April 2026
 Grant Application Closes: May 2026
 Grantee Selection: July 2026
 Pre-Approval Environmental Review: Approximately 30 days to complete  Grantee Notified of Grant Award – Grant Agreement Executed: August 2026  Upgrades/Improvements Period: August - September 2026  Reimbursement Period: October – November 2026
The tentative dates are not intended to identify the actual dates of performance. These dates are based on the anticipated timeline for administering the application processing, application approval, construction period, and project reimbursement and closeout. The City may update the timeline prior to the issuance of the Grant Application.

Application
 Applicants are expected to review these guidelines and all eligibility requirements before applying.
 Applicants must provide all required supporting documentation when applying.  The application requires “before” photos, which must be clear, high-quality images.

Images should accurately reflect the current storefront condition.

Application Review and Notification
 Applicants will be notified within approximately 60 days of the scoring result, ranking, and if their project will be funded.
 Applications will be evaluated by the City’s Economic Development staff based on the program criteria outlined in these guidelines.

Pre-Approval and Environmental Review
 The environmental review must be completed by the City’s Economic Development staff before any work commences. Any work commenced before the environmental review is completed will not be eligible for reimbursement. Environmental review is expected to take approximately 30 days to complete.
 Once the environmental review is complete, the City’s Economic Development and Housing Manager will notify the grantee of the grant award and provide the grantee with the grant agreement that must be executed before work commences.

Grant Agreement and Project Deadline
 The City’s Economic Development team may request a phone call or in-person site visit as part of the application review process. Grantees must respond promptly to all communications. Failure to do so may result in the grant application being rejected.  Once the grant agreement is fully executed, the grantee may begin work.  Grantees are expected to provide regular updates on progress during construction.  All projects must be fully completed by the end of November 2026. No extensions will be granted following this date.

Invoices and Reimbursement
 Invoices and Receipts Required: Grantees must retain all receipts/invoices related to approved expenses.
 Proof of Payment: Grantees must submit documentation, such as a credit card or bank statements, showing payment to a contractor for the upgrades.  Eligible Expenses Only: Expenses must match those listed in the executed grant agreement.
 Reimbursement: After receipts are submitted and approved, the City will issue a reimbursement check to the grantee.

Application Check List
Business is located in qualified CDBG-census tract in West Covina Business fronts on Azuza Ave. and operates a street-level storefront Valid West Covina business with an active City business license Business owner is legally authorized to work and operate in the U.S.

Proof of property ownership or proof of written authorization from property owner and of lease in place through May 2029
Proof of record of good standing with the California Secretary of State Confirm SAM.gov clearance
Proposed improvements meet the eligible use of funds
Bank statements to determine a business is in good financial standing Requirements Once Grant is Approved
Signed agreement with the City of West Covina
Contractor selected by grantee is legally a registered business in California, in good standing, and will comply with all City of West Covina and State of California laws and regulations
Business owners must complete all the improvements before prior to requesting reimbursement
Business owners must complete all the improvements within the allocated time Approved invoices and proof of payment must be retained and submitted to the City Tips for Applicants and Grantees

1. Know who you’re hiring: Before hiring someone to make your upgrades, check that they have a valid contractor’s license and that their company is in good standing. The license number should be visible on their website, social media, business card, or proposal. Contractors should also have their license on hand. While the City cannot recommend or discourage specific contractors, it can provide introductions. You will be required to sign an agreement with the City of West Covina confirming that your chosen contractor meets all stated requirements.

2. Choose quality materials: Use durable, high-quality materials to ensure your improvements last. For example, consider fire-retardant and powder-coated products for outdoor features, which resist weathering and corrosion.

3. Consider applying with your neighbor: Special consideration will be given to applications that reflect the shared aesthetic of the block. Projects that demonstrate collaboration among neighboring businesses to enhance the visual appeal and vibrancy of the area will be prioritized.

Commercial Development Block Grant Service Area
Eligible service areas will only include those in CDBG benefit service areas. Eligible tracks include Council District 2. The City’s Economic Development team will confirm if your business is eligible to apply based on your business storefront location.

AGENDA ITEM NO. 4

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: February 3, 2026
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: CONSIDERATION OF ADOPTION OF ORDINANCE NO. 2537 - AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 2 OF THE WEST COVINA MUNICIPAL CODE TO ADD ARTICLE XII, ENTITLED "CODE OF CONDUCT"
RECOMMENDATION:

It is recommended that the City Council adopt the following ordinance:

ORDINANCE NO. 2537 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 2 OF THE WEST COVINA MUNICIPAL CODE TO ADD ARTICLE XII, ENTITLED "CODE OF CONDUCT"
BACKGROUND:

On December 16, 2025, the West Covina City Council reviewed the City’s Rules of Decorum and directed staff to develop a City Council Code of Conduct to promote orderly, respectful, and effective governance. While the existing Rules of Decorum remain in effect, they primarily address conduct during City Council meetings and do not provide a comprehensive framework for addressing alleged misconduct occurring outside of meetings or over time.

At the City Council meeting of January 6, 2026, the Council was presented with proposed Ordinance No. 2537 establishing a City Council Code of Conduct. The proposed Code establishes governance-based standards of conduct and a structured process for receiving information, conducting administrative review, authorizing non-coercive investigation or advisory proceedings when appropriate, preserving records, and applying proportionate governance-based measures to protect the integrity and lawful functioning of City governance and operations.

The Code is adopted for governance and risk-management purposes only and does not create criminal, civil, or employment enforcement authority. On January 6, 2026, the City Council unanimously (5–0) introduced Ordinance No. 2537 for first reading.

DISCUSSION:

At the City Council meeting of January 6, 2026, the City Council introduced Ordinance No. 2537 and At the City Council meeting of January 6, 2026, the City Council introduced Ordinance No. 2537 and provided direction on minor amendments, which are reflected in the redlined version of Ordinance No. 2537 (Attachment No. 2). Accordingly, staff recommends that the City Council conduct the second reading and adopt Ordinance No. 2537. The ordinance will take effect on the 31st day following adoption, on or about March 6, 2026.

LEGAL REVIEW:

The ordinance was prepared by the City's outside employment counsel, Thomas M. O'Connell of Buchalter LLP. The City Attorney's Office has reviewed the ordinance and approved it as to form.

OPTIONS:

The City Council has the following options:

1. Approve staff's recommendation; or

2. Provide alternative direction.

Prepared by: Roxanne E. Lerma, Assistant City Manager
Attachments
Attachment No. 1 - Ordinance No. 2537
Attachment No. 2 - Redline of Ordinance No. 2537
CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness ATTACHMENT NO. 1
ORDINANCE NO. 2537

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING CHAPTER 2 OF

THE WEST COVINA MUNICIPAL CODE TO ADD ARTICLE
XII, ENTITLED “CODE OF CONDUCT”
The City Council of the City of West Covina hereby finds and declares as follows:

WHEREAS, the City of West Covina is a general law city organized and operating under the laws of the State of California; and
WHEREAS, elected and appointed officials are entrusted with legislative authority and public responsibilities distinct from those applicable to City employees; and WHEREAS, the City Council has previously adopted Standing Rules and Rules of Decorum governing the conduct of City Council meetings and the participation of members of the public; and
WHEREAS, the existing Rules of Decorum primarily address real-time conduct during City Council meetings and do not establish a comprehensive, codified framework for addressing alleged misconduct by elected and appointed officials occurring outside meetings or over time, nor do they provide structured procedures for review, investigation, preservation of records, or proportionate governance-based response; and WHEREAS, on December 16, 2025, the City Council reviewed the City’s Standing Rules and Rules of Decorum and provided direction to staff to develop a Code of Conduct to promote orderly, respectful, and effective governance; and WHEREAS, the City Council has considered the need for a governance-based framework that identifies standards of conduct applicable to elected and appointed officials, establishes structured procedures for reporting, review, investigation, and preservation of records, and provides proportionate, non-employment governance-based responses, short of removal from office, designed to protect the lawful operation and safety of City governance; and
WHEREAS, the City Council recognizes that its authority to address alleged misconduct by elected and appointed officials is subject to constitutional, statutory, and legal limitations, including limitations on impeachment, removal, suspension (including suspension pending adjudication), recall, and criminal enforcement, and that general law cities may not create such authorities by local ordinance absent express enabling legislation or constitutional authority; and
WHEREAS, the City Council desires to codify a Code of Conduct that operates within these legal constraints, preserves constitutional rights, respects the elective nature Ordinance No. 2537

of public office, and does not create employment-based discipline or criminal or civil enforcement authority; and
WHEREAS, the City Council further desires to require written acknowledgement by elected and appointed officials confirming receipt of and responsibility to comply with the City Council Code of Conduct, in order to ensure notice, transparency, and consistent application of governance-based obligations; and
WHEREAS, the City Council has determined that adoption of a Code of Conduct within the West Covina Municipal Code is reasonably necessary to promote effective governance, reduce legal and operational risk, and maintain public confidence in City institutions; and
WHEREAS, all legal requirements prior to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council of the City of West Covina hereby makes and adopts as its legislative findings the facts and conclusions set forth in the recitals of this Ordinance.

SECTION 2. Amendment to Chapter 2 of the West Covina Municipal Code.

Chapter 2 of the West Covina Municipal Code is hereby amended to add a new Article XII, entitled “Code of Conduct,” to read in its entirety as follows:

ARTICLE XII. - CODE OF CONDUCT
DIVISION 1 – GENERAL PROVISIONS
Sec. 2-700. - Purpose and scope.
(a) The city council adopts this article to promote sound city governance, protect the integrity of city operations, and reduce material adverse legal, financial, and operational risk to the city arising from alleged misconduct by the city’s elected and appointed officials.
(b) Public agencies nationwide, including at the federal, state, and local levels, have increasingly adopted formal codes of conduct for elected and appointed officials in response to evolving legal standards, heightened public expectations, and increased reporting of conduct-related concerns affecting governmental operations. Such codes are intended to establish clear expectations and structured, transparent processes for addressing concerns involving elected and appointed officials in a manner consistent with applicable law and the nature of public office.

Ordinance No. 2537

(c) While elected and appointed officials do not manage day-to-day city operations, misconduct occurring while acting in an official capacity or in connection with city business may materially affect city operations and interactions among persons and entities, and may create material adverse risk to city governance. (d) This article is adopted for governance and material adverse risk-management purposes only. It is intended to establish clear standards and lawful procedures for addressing alleged misconduct by elected and appointed officials and to authorize measured, proportionate governance-based measures designed to protect the city and city governance from material adverse risk.
(e) Nothing in this article is intended to punish lawful political expression, alter the elective nature of public office, interfere with the good-faith exercise of legislative discretion, establish criminal, civil, or quasi-judicial enforcement authority, replace or supersede enforcement authority conferred by state or federal law, or require the City to make findings regarding criminal liability or civil fault.

Sec. 2-701. - Definitions.

For purposes of this article, the following terms shall have the meanings set forth below:
“City business” means any matter relating to the operations, functions, services, policies, contracts, proceedings, or official activities of the city. “City governance” means the legislative, policy-making, oversight, and decision-making functions of the city council, including participation in city council meetings, committees, appointments, and interactions undertaken in an official or representative capacity. “City operations” means the administrative, managerial, and operational activities of the city undertaken to implement, execute, or carry out city policies, programs, services, contracts, proceedings, and decisions, including the day-to-day functions performed by city officers, employees, contractors, and agents in support of city governance. “Communications” means any oral, written, electronic, visual, or digital transmission or dissemination of information, ideas, instructions, or messages, regardless of form or medium, including correspondence, emails, text messages, instant messages, direct messages, social media posts, comments, replies, reactions, shared content, livestreams, stories, voicemails, video messages, memoranda, notes, and any associated metadata.
“Documents” means all writings and recorded information, whether tangible or intangible, regardless of form or medium, including paper, electronic, digital, audio, visual, or databased materials. Documents include letters, memoranda, notes, reports, drafts, photographs, recordings, spreadsheets, presentations, calendars, logs, databases, electronically stored information, metadata, and versions thereof. Documents also include Ordinance No. 2537

content generated, stored, transmitted, or relied upon through artificial intelligence tools, automated systems, or digital assistants, including prompts, queries, responses, outputs, drafts, summaries, or analyses, to the extent such content relates to city business or city governance.
“Entities” means any organization, body, association, business, governmental unit, agency, board, commission, partnership, corporation, nonprofit organization, or other collective or institutional body, whether public or private. “Governance-based measures” means non-employment actions authorized by this article that are intended to protect city governance, city operations, and city personnel, and that regulate the exercise of office rather than the holding of office. Governance-based measures may include limitations on participation in specified proceedings, removal from committee or liaison assignments, training or educational requirements, communication or contact parameters, or other lawful measures short of removal from office. “Misconduct” means conduct by an elected or appointed official that relates to city business or city governance and that violates the standards of conduct set forth in this article.
“Official capacity” means actions taken by an elected or appointed official while performing official functions, acting in a representative role, exercising the authority or influence of office, or purporting to act on behalf of the city. “Persons” means any individual, including city officials, city employees, appointed officials, contractors, consultants, volunteers, members of the public, or other natural persons.
“Personal gain” means any direct or indirect benefit, advantage, or interest, whether financial or non-financial, received or sought by an elected or appointed official or by another person or entity with whom the elected or appointed official has a personal, familial, business, or political relationship.
“Records” means any document, communication, or other recorded information, regardless of form or medium, that is prepared, generated, received, owned, used, retained, stored, transmitted, or maintained by a city council member in connection with city business or city governance, including copies, excerpts, drafts, and versions thereof.

Records include, but are not limited to, information stored in paper, electronic, digital, audio, visual, or data-based form; information stored on personal devices, personal accounts, cloud-based services, third-party platforms, or collaboration tools; and information generated, stored, transmitted, or relied upon through artificial intelligence tools, automated systems, or digital assistants. This includes prompts, queries, inputs, outputs, drafts, summaries, analyses, metadata, logs, and version histories, to the extent such information relates to city business or city governance. “Suspension” means a temporary restriction on the exercise of all city-related duties, Ordinance No. 2537

authorities, and functions of an elected or appointed official during the pendency of a review, investigation, proceeding, or external matter, imposed solely to the extent authorized by law. Suspension does not constitute removal from office and is intended as a protective, non-final governance status rather than a determination of misconduct or imposition of punishment.

Sec. 2-702. - Applicability.
(a) This article applies to elected and appointed officials with respect to misconduct occurring in an official capacity, in connection with city business, or that otherwise materially affects the integrity or safety of city governance or the lawful functioning of city operations, including misconduct involving or directed toward persons or entities participating in or affected by city governance or city operations. (b) This article authorizes governance-based measures reasonably necessary to protect city governance, the lawful functioning of city operations, city personnel, and members of the public, and operates independently of, and in addition to, any consequences imposed by state or federal law.

Sec. 2-703. - Acknowledgment.

Each elected and appointed official shall execute a written acknowledgement confirming receipt of, familiarity with, and agreement to comply with the provisions of this article, the city’s rules of decorum and city policies regarding their conduct.

The acknowledgement required by this section is intended to ensure that elected and appointed officials are fully informed of the standards relating to misconduct, procedural obligations, preservation requirements, and the governance-based measures established by this article, and to document notice and acceptance of those obligations. (a) Timing of acknowledgement. Each elected and appointed official shall execute the acknowledgement required by this section at the following times:
(1) Upon filing nomination papers or other documentation required to qualify as a candidate for City Council, to the extent permitted by law; (2) Contemporaneously with the execution of the oath of office required by law; and
(3) Upon re-election, appointment, or commencement of a new term of office.

Execution of the acknowledgement is intended to provide notice of, and assent to, the obligations set forth in this Code and city policies relating to city governance, city operations, and governance-based measures.

Failure to execute the acknowledgement shall not invalidate an election or Ordinance No. 2537

appointment, but may delay assumption of duties or participation in city council meetings and other city governance activities and may be considered in determining appropriate governance-based measures under this article, consistent with applicable law.
(b) Form of acknowledgement. The acknowledgement shall be in the form set forth in subsection (c) of this section and shall be executed without modification, except as approved by the city attorney for non-substantive formatting purposes. (c) Required acknowledgement language. The acknowledgement executed by each elected or appointed official shall state, verbatim, as follows:
“By executing this acknowledgement, I confirm that I have been provided notice of the obligations set forth in Article XII of Chapter 2 of the West Covina Municipal Code, the City’s Rules of Decorum, and City policies regarding conduct and acknowledge my responsibility to comply with those obligations during my service as an elected or appointed official, subject to applicable law.

I further acknowledge that I am executing this acknowledgement knowingly and voluntarily, without duress, coercion, or undue influence, and that I have had the opportunity to consult with legal counsel of my choosing regarding this acknowledgement and the obligations described herein.”
(d) Retention of acknowledgement. Executed acknowledgements shall be retained by the city clerk as a public record to the extent permitted by law. (e) Effect of failure to execute. Failure to execute the acknowledgement required by this section shall not invalidate the applicability of this article but may be considered in determining appropriate governance-based measures under division 4 of this article, to the extent permitted by law.
(f) No waiver of rights. Nothing in this section or in the acknowledgement required hereby shall be construed to waive any constitutional, statutory, or common-law right, to create an employment relationship, or to expand the city’s authority beyond that provided by law.

Sec. 2-704. - Construction.

This article shall be construed and applied consistently with the California Constitution, applicable state and federal law, and the nature of public office. Nothing in this article shall be interpreted to expand municipal authority beyond that granted by law or to impair any right preserved by statute or constitution.
(a) Preservation of individual and constitutional rights. Nothing in this article shall be construed to waive, limit, or require the waiver of any constitutional, statutory, or common-law right or privilege of an elected or appointed official, including the right Ordinance No. 2537

to seek judicial review of any action taken pursuant to this article or the right against self- incrimination.

The procedures established by this article are governance-based in nature and are intended to provide structured responses and minimum procedural protections.

They shall not be construed to create additional substantive rights, entitlements, causes of action, or adjudicatory proceedings.
(b) Nature of public office; no employment relationship. Elected and appointed officials and are not employees of the city for any purpose.

Nothing in this article shall be construed to create an employment relationship between the city and any elected or appointed official, to subject elected or appointed officials to personnel rules or employment discipline, or to alter the nature of public office.
(c) Relationship to other laws, remedies, and enforcement authorities. This article does not replace, supersede, duplicate, or limit any remedy, enforcement mechanism, or proceeding otherwise available under state or federal law, including criminal prosecution, civil enforcement, administrative proceedings, recall, quo warranto, forfeiture, vacancy provisions, or enforcement authority vested in courts, the Fair Political Practices Commission, or other regulatory bodies.

Governance-based measures authorized by this article are cumulative and may be imposed independently of, and concurrently with, other lawful actions. Alleged misconduct may be referred to external authorities as provided in this article, and the city council may rely on external findings or orders to the extent authorized by law.

Nothing in this article shall be construed to convert city council action into a criminal, civil, or quasi-judicial enforcement mechanism. (d) Legislative discretion and protected activity. Nothing in this article shall be construed to regulate or prohibit lawful political disagreement, criticism of policy positions, robust debate during public meetings, lawful political speech, campaign activity conducted in a personal capacity, or other expression protected by the United States or California Constitutions.

Nothing in this article shall be construed to prohibit lawful legislative inquiry, oversight, policy advocacy, or participation in authorized city governance activities, provided such activities are conducted through appropriate channels and do not involve misuse of city authority, resources, or access, or interference with the lawful functioning of city operations.

Ordinance No. 2537

The standards set forth in this article shall be applied narrowly and in a manner consistent with constitutional protections and the good-faith exercise of legislative judgment.
(e) Governance harm and construction standard. In applying this article, the city council may consider whether misconduct, viewed in context, creates a material adverse risk to the integrity, fairness, independence, or lawful functioning of city governance, even where such misconduct does not independently constitute a violation of criminal or civil law.

This article shall be interpreted and applied in a manner that favors its lawful application and effectuates its purpose of protecting city governance and the lawful functioning of city operations. Any ambiguity shall be resolved consistent with applicable law and the city council’s intent to act within the bounds of its authority. (f) Prospective application. This article shall apply prospectively to all elected and appointed officials serving on or after its effective date, including members in office at the time of adoption.

Nothing in this article shall be construed to impose governance-based measures, censure, limitations, escalation, or removal-seeking action based solely on misconduct fully completed prior to the effective date. However, nothing shall preclude consideration of misconduct occurring on or after the effective date, or reliance on investigative findings, advisory findings, external findings, or court orders issued on or after the effective date, even where such findings relate in whole or in part to earlier conduct, provided that any governance-based measure is imposed prospectively and is reasonably necessary to address present or ongoing material adverse risk to city governance or the lawful functioning of city operations.
(g) Relationship to rules of decorum. Nothing in this article limits the authority of the presiding officer to maintain order and decorum during public meetings pursuant to sections 2-47 through 2-52 of this Code.

As applied to elected and appointed officials, the standards of conduct, review, investigation, and governance-based measures set forth in this article govern alleged misconduct occurring inside or outside public meetings and supplement, and, where applicable, supersede, decorum provisions addressing elected and appointed officials’ conduct during public meetings. Rules of decorum applicable to members of the public remain fully in effect and are not modified by this article. (h) Severability. If any provision of this article, or its application to any person or circumstance, is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions or applications of this article. The city council declares that it would have adopted this article and each provision thereof irrespective of the invalidity of any other provision.

Ordinance No. 2537

DIVISION 2 – STANDARDS OF CONDUCT
Sec. 2-705. - General standards of conduct.

Elected and appointed officials of the city shall conduct themselves in a manner that preserves lawful functioning and safety of city governance and city operations and that complies with applicable law and the obligations of public office.

For purposes of this division, misconduct may occur through direct action or through indirect action, including by acting through intermediaries, proxies, third parties, or other persons or entities, or by directing, encouraging, facilitating, or knowingly permitting another to engage or attempt to engage in conduct that the elected or appointed official could not lawfully undertake directly.

Elected and appointed officials shall not engage or attempt to engage in misconduct relating to city business or city governance that interferes with the lawful functioning of city governance or city operations, undermines the integrity or independence of city governance, impedes the ability of persons or entities to lawfully participate in or carry out city functions, or otherwise creates a foreseeable material adverse risk of legal or operational harm to the city.
(a) Governance-focused obligations. The standards set forth in this division are intended to address misconduct that affects city governance or the lawful functioning of city operations. These standards do not regulate personal morality or private conduct unrelated to city business or city governance. (b) Scope of application. Misconduct subject to this division includes actions taken by an elected or appointed official in an official capacity, under color of office, in connection with city business, or in circumstances where the use or misuse of city authority, resources, access, or influence materially affects city governance or the lawful functioning of city operations.
(c) Relationship to review, investigation, and escalation. The standards set forth in this division provide the substantive basis for review, investigation, and governancebased measures under divisions 3 and 4 of this article. A determination that misconduct may fall within one or more provisions of this division does not constitute a finding of misconduct, but may warrant review, investigation, interim governance-based measures, or other action pursuant to those divisions.

Sec. 2-706. - Abuse of position or influence.

An elected or appointed official shall not engage or attempt to engage in the misuse of the authority, prestige, access, or influence of public office in a manner that exceeds lawful authority, interferes with or circumvents the lawful functioning of city governance or city operations, or is otherwise inconsistent with applicable law, adopted city policy, or the respective roles and responsibilities of city officials and staff.

Ordinance No. 2537

For purposes of this section, abuse of position or influence includes misconduct that exploits or attempts to exploit the unique powers, visibility, or perceived authority of public office to obtain improper advantage or to coerce, pressure, or improperly influence persons or entities in connection with city business or city governance. (a) Improper direction or pressure. An elected or appointed official shall not direct, attempt to direct, pressure, attempt to pressure, or coerce persons or entities to take or refrain from action outside of lawful authority, or in a manner inconsistent with applicable law, adopted city policy, or the lawful functioning of city governance or city operations.
(b) Preferential treatment and improper advantage. An elected or appointed official shall not use or attempt to use the title, status, access, or perceived authority of public office to obtain or attempt to obtain preferential treatment, special access, or other improper advantage for themselves or for any other person or entity in connection with city business or city governance.
(c) Interference with independent functions. An elected or appointed official shall not interfere or attempt to interfere with administrative, regulatory, enforcement, investigatory, or quasi-judicial matters in a manner inconsistent with applicable law or established city authority, including by attempting to influence outcomes outside authorized roles or channels.
(d) Misrepresentation of authority. An elected or appointed official shall not represent, state, imply, or attempt to represent, state, or imply that a personal position, directive, or demand reflects an official decision, policy, or position of the city or city council when no such authorization exists.

Sec. 2-707. - Improper conduct towards participants.

An elected or appointed official shall not engage or attempt to engage in misconduct relating to city business or city governance that is directed toward any person or entity, including another elected or appointed official, and that has the purpose or effect of obstructing, chilling, intimidating, coercing, or otherwise interfering with that person’s or entity’s lawful participation in city governance or the lawful functioning of city operations. (a) Improper conduct toward participants. An elected or appointed official shall not engage or attempt to engage in threatening, intimidating, abusive, demeaning, hostile, or coercive conduct toward any person or entity in connection with that person’s or entity’s lawful participation in city governance or involvement with city operations.
(b) Adverse conduct in response to participation. An elected or appointed official shall not engage or attempt to engage in adverse conduct toward any person or entity because that person or entity raised concerns, made reports, provided information, Ordinance No. 2537

participated in investigations or advisory proceedings, engaged in protected activity, or refused to take action that would be inconsistent with applicable law or adopted city policy.
(c) Misuse of office to target participants. An elected or appointed official shall not engage or attempt to engage in the misuse of the platform, authority, access, or visibility of public office to single out, demean, threaten, pressure, or subject any person or entity, including another elected or appointed official, to adverse treatment in a manner that interferes with that person’s or entity’s lawful ability to participate in city governance or to carry out functions related to city operations.

Sec. 2-708. - Ethics, conflicts of interest, and self-dealing.

An elected or appointed official shall not engage or attempt to engage in misconduct relating to city business or city governance that involves conflicts of interest, self-dealing, or misuse of public office for personal gain, and that undermines the integrity, fairness, or lawful functioning of city governance or city operations. (a) Conflicts of Interest. An elected or appointed official shall not participate in, influence, or attempt to influence any city decision, action, or matter in which the official has a financial interest or other disqualifying interest under applicable law, or where participation would materially compromise the integrity or impartiality of city governance. Failure to disclose a conflict of interest, failure to recuse where required, or participation notwithstanding a known conflict may constitute misconduct under this section.
(b) Gifts, benefits, and improper advantages. An elected or appointed official shall not solicit, accept, receive, or attempt to solicit, accept, or receive gifts, benefits, favors, services, or other things of value in connection with city business in a manner that violates applicable law or that involves personal gain in exchange for the exercise, attempted exercise, or misuse of city authority. Misconduct under this subsection may occur regardless of whether a gift or benefit is ultimately received or exceeds statutory thresholds.
(c) Self-dealing and preferential treatment. An elected or appointed official shall not use or attempt to use city office, authority, access, or influence to secure personal gain for themselves or to confer improper benefit on any person or entity in connection with city business or city governance. Self-dealing includes steering contracts, permits, approvals, or other city benefits; exerting pressure on representatives of city operations to favor particular outcomes; or intervening in city matters for private advantage.
(d) Use of insider or nonpublic information. An elected or appointed official shall not use, disclose, or attempt to use or disclose nonpublic, confidential, or privileged information obtained through public office for personal gain, private advantage, or to benefit any person or entity, or in a manner that undermines the lawful Ordinance No. 2537

functioning of city governance or city operations. This subsection includes, but is not limited to, the unlawful disclosure of information received or discussed during closed session meetings of the city council or its committees, to the extent such disclosure is prohibited by law.
(e) Circumvention of ethics safeguards. An elected or appointed official shall not engage or attempt to engage in actions intended to evade, circumvent, or nullify ethics, disclosure, or recusal requirements imposed by law or adopted by the city, including by acting through intermediaries, proxies, or other persons or entities.

Sec. 2-709. - Material misrepresentations and concealments.

An elected or appointed official shall not engage or attempt to engage in misconduct relating to city business or city governance that involves a knowing or intentional material misrepresentation or material concealment, and that undermines the integrity, transparency, or lawful functioning of city governance or city operations.

This section addresses governance harms arising from material false statements, material omissions, material concealment of information, or other conduct that materially interferes with the city’s ability to make informed decisions, carry out lawful review or investigation, or perform its governance functions, regardless of whether such conduct results in criminal, civil, or administrative enforcement action. (a) Material misrepresentation. An elected or appointed official shall not knowingly or intentionally make, cause to be made, or attempt to make a false or materially misleading statement, representation, or omission in an official capacity, under color of office, or in connection with city business, where the statement, representation, or omission is material to city governance, city operations, or city decision-making. This subsection applies to communications made to persons or entities, including city staff, other elected or appointed officials, investigators, advisory fact- finders, or members of the public, where such communications concern city business or city governance.
(b) Material concealment of information. An elected or appointed official shall not knowingly or intentionally conceal, withhold, delay, obscure, or attempt to conceal, withhold, delay, or obscure material information relevant to city business or city governance where disclosure is required by law, reasonably necessary for informed decision- making, or necessary to ensure the lawful functioning of city governance or city operations.
(c) Material interference with truth-finding. An elected or appointed official shall not engage or attempt to engage in conduct intended to materially interfere with the city’s ability to ascertain the truth or to reach lawful, informed outcomes in connection with city business or city governance. Material interference with truth-finding includes, but is not limited to, providing materially incomplete, Ordinance No. 2537

misleading, or deceptive information; directing, encouraging, or knowingly permitting others to provide materially false or misleading information; intentionally delaying proceedings, disclosures, cooperation, or responses where such delay is material to obstructing review, investigation, or decisionmaking; attempting to influence, disrupt, or affect the scope, timing, process, or outcome of administrative, investigatory, regulatory, enforcement, or advisory matters through misuse of authority, access, or influence; using authority or influence to pressure, discourage, or manipulate participants, witnesses, investigators, or advisory fact-finders; or attempting to influence the material content, scope, timing, or outcome of investigative, advisory, or review findings through misrepresentation, concealment, delay, or other obstructive conduct.

Sec. 2-710. - Misuse of city resources or information.

An elected or appointed official shall not engage or attempt to engage in misconduct relating to city business or city governance that involves the misuse of city resources, city property, or city information in a manner inconsistent with applicable law, adopted city policy, or the lawful functioning of city governance or city operations. (a) Use of city resources. An elected or appointed official shall not use or attempt to use, or direct or attempt to direct the use of, city staff time, facilities, equipment, systems, funds, or other city resources for personal, political, campaign-related, or other non- city purposes, except where such use is expressly permitted by law or adopted city policy.
(b) Improper direction of city operations. City governance is exercised collectively by the city council, while the city manager is responsible for the administration of city operations and the management of city departments, officers, employees, and agents. An elected or appointed official shall not direct, request, encourage, or attempt to direct, request, or encourage any person or entity involved in city operations, including city employees, contractors, or consultants, to perform tasks unrelated to city business, outside the scope of lawful city operations, or in furtherance of personal, political, or other improper interests. (c) Use and disclosure of city information. An elected or appointed official shall not use, disclose, rely upon, or attempt to use, disclose, or rely upon nonpublic, confidential, or privileged city information obtained through public office for purposes unrelated to city business or in a manner that undermines the integrity, fairness, or lawful functioning of city governance or city operations. This subsection includes, but is not limited to, the unlawful disclosure or use of information received, reviewed, or discussed during closed session meetings of the city council or its committees, to the extent such disclosure or use is prohibited by law.

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Sec. 2-711. - Election-related misconduct.

An elected or appointed official shall not engage or attempt to engage in misconduct that involves the misuse of the powers, privileges, resources, access, or visibility of public office in connection with any election, ballot measure, or political campaign, and that undermines the integrity, neutrality, or lawful functioning of city governance or city operations.
(a) Misuse of office in connection with elections. An elected or appointed official shall not use or attempt to use city authority, city resources, city information, or the status of public office to support or oppose any candidate, ballot measure, or political campaign in a manner inconsistent with applicable law or adopted city policy.
(b) Use of office for electoral advantage. An elected or appointed official shall not use or attempt to use the fact of holding public office, or the authority, access, or visibility associated with that office, during an election cycle or in connection with electoral activity, to condition access to city governance or city operations, or the receipt of city services or benefits, on political support, opposition, or activity.
(c) Adverse conduct based on political activity. An elected or appointed official shall not engage or attempt to engage in adverse conduct toward any person or entity because that person or entity engaged in lawful political activity, including supporting or opposing a candidate or ballot measure, participating in a campaign, or declining to engage in political activity. (d) Campaign-related use of city information. An elected or appointed official shall not use, disclose, or attempt to use or disclose nonpublic, confidential, or privileged city information obtained through public office for campaign-related purposes or to obtain political advantage. This subsection includes, but is not limited to, the unlawful disclosure or use of information received, reviewed, or discussed during closed session meetings of the city council or its committees, to the extent such disclosure or use is prohibited by law. (e) Interference with impartial administration. An elected or appointed official shall not interfere or attempt to interfere with the impartial administration of city operations, including city services, programs, or regulatory functions, for the purpose of influencing electoral outcomes or conferring political advantage.

Sec. 2-712. - Public safety and threatening conduct.

An elected or appointed official shall not engage or attempt to engage in misconduct relating to city business or city governance that threatens, endangers, or reasonably places at risk the safety or security of persons or entities, including city officials, city employees, contractors, volunteers, other elected or appointed officials, or members of Ordinance No. 2537

the public who are lawfully participating in city governance or involved with city operations.

This section addresses conduct that jeopardizes public safety, impairs the city’s ability to maintain safe and secure city operations, or interferes with the lawful functioning of city governance through intimidation, coercion, or threatened or actual violence. (a) Threatening or violent conduct. An elected or appointed official shall not engage or attempt to engage in conduct involving threats of violence, acts of violence, stalking, intimidation, coercion, or other behavior that would reasonably be perceived as threatening when directed at any person or entity in connection with city business, city governance, or city operations. (b) Credible threats and safety risks. An elected or appointed official shall not engage or attempt to engage in conduct that gives rise to a credible threat to the safety of any person or entity involved in city governance or city operations, including conduct that results in the issuance, consideration, or enforcement of a workplace violence restraining order, civil harassment restraining order, criminal protective order, or other court-ordered safety restriction. (c) Use of authority to intimidate or coerce. An elected or appointed official shall not use or attempt to use the authority, access, or visibility of public office to intimidate, pressure, or coerce any person or entity in a manner that creates reasonable fear, deters lawful participation in city governance or city operations, or compromises personal safety.
(d) Disruption of safe city operations. An elected or appointed official shall not engage or attempt to engage in conduct that interferes with the city’s ability to maintain safe workplaces, conduct meetings securely, or protect persons or entities participating in city governance or city operations, including conduct that necessitates extraordinary security measures or materially disrupts normal city operations.
(e) Relationship to external safety orders. Where misconduct described in this section results in, or is subject to, a court-issued protective order, restraining order, or other legally binding safety directive, the city council may rely on such order pursuant to section 2-726 of this article and may take immediate governance-based measures where reasonably necessary to ensure compliance and protect public safety and the lawful functioning of city governance or city operations.

Sec. 2-713. – Conduct undermining the lawful functioning of city governance or city operations.

An elected or appointed official shall not engage or attempt to engage in misconduct relating to city business or city governance that, when viewed in context, undermines Ordinance No. 2537

the lawful functioning of city governance or city operations, and that is not otherwise expressly addressed in sections 2-706 through 2-712 of this article.

This section addresses novel, emergent, or circumvention-based misconduct that poses a material adverse risk to the lawful functioning of city governance or city operations but does not fall squarely within a specifically enumerated standard of conduct. This section shall be applied narrowly and only in a manner consistent with the purposes and limitations of this article.
(a) Residual application. This section applies only where the misconduct at issue is not expressly governed by another provision of division 2 of this article and where reliance on this section is reasonably necessary to protect the lawful functioning of city governance or city operations.
(b) Pattern-based or circumvention conduct. Misconduct undermining the lawful functioning of city governance or city operations may include repeated or patterned conduct that, taken as a whole, materially compromises the orderly and lawful functioning of city governance or city operations, or conduct intended to evade, circumvent, or nullify the application of this article or other lawful governance safeguards adopted by the city.
(c) Limitation on use. This section shall not be used as a substitute for establishing violations of specific standards of conduct where such standards are applicable, nor shall it be applied in a manner that expands the scope of this article beyond its governance-focused purposes.

DIVISION 3 – REPORTING AND REVIEW
Sec. 2-714. - Overview.
(a) This division establishes the procedures by which the city may receive, review, and respond to information regarding alleged misconduct by an elected or appointed official. The purpose of this division is to provide a structured, transparent, and lawful framework for evaluating information, developing facts where appropriate, and determining whether governance-based measures are reasonably necessary to protect the integrity, safety, and lawful functioning of city governance or city operations.
(b) The provisions of this division are administrative and protective in nature. They are intended to ensure that concerns relating to misconduct described in division 2 of this article are addressed in an orderly, proportionate, and legally compliant manner. The receipt of information, initiation of review, authorization of early governance-based interventions, commencement of investigation, or consideration of action under this division does not constitute a finding of misconduct and does not require the imposition of any governance-based measure.

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(c) This division is designed to operate progressively. Information may be screened, reviewed, addressed through early governance-based interventions, investigated, or escalated depending on the nature of the information received, the reliability and source of that information, the existence of external findings or court orders, and the degree of material adverse risk presented to city governance, city operations, or the safety of persons or entities. Not every report or item of information will warrant investigation or further action. (d) Action under this division is discretionary and shall be undertaken only where reasonably necessary to protect city governance, the lawful functioning of city operations, or the rights and safety of persons or entities involved in city matters.

Nothing in this division requires the city council to initiate review, authorize investigation, or impose governance-based measures in response to any particular report, allegation, or request for action.
(e) This division is intended to function in coordination with division 2 of this article, which defines standards of misconduct, and division 4 of this article, which governs escalation and governance-based measures. Nothing in this division shall be construed to limit the city’s obligation to comply with mandatory reporting, referral, or enforcement requirements imposed by state or federal law, nor to preclude reliance on external findings or court orders where authorized under this article.
(f) Nothing in this division shall be construed to require the city council to initiate independent fact-finding in any particular matter, to limit the city council’s discretion under this division, to supersede proceedings conducted by courts or other tribunals, or to expand the city’s authority to impose discipline, suspension, or removal beyond that provided by law.

Sec. 2-715. - Preliminary administrative review by city manager or designee.

Information concerning alleged misconduct by an elected or appointed official may be received from any source, including members of the public, city employees, other elected or appointed officials, court orders or findings, or other reliable information.

Receipt of such information does not, by itself, constitute initiation of review or action under this division.

Except as provided in subsection (b), all such information shall be referred to the city manager or the city manager’s designee for preliminary administrative review. The purpose of the preliminary review is limited, non-adjudicative, and administrative in nature.
(a) Scope of preliminary review. The preliminary review shall be confined to threshold considerations only and shall not include factual findings, credibility determinations, or conclusions regarding whether misconduct occurred. In Ordinance No. 2537

conducting the preliminary review, the city manager or designee may consider, among other relevant factors:
(1) Whether the information concerns conduct by an elected or appointed official;
(2) Whether the alleged conduct, if true, could fall within one or more provisions of division 2 of this article;
(3) Whether the information is duplicative of matters previously reviewed or resolved under this article or other lawful processes, absent materially new information;
(4) Whether the information reasonably indicates a material adverse risk to the lawful functioning of city governance or city operations, or to the safety of persons or entities; and
(5) Whether the information concerns conduct that is sufficiently current or concrete to warrant consideration under this division, as opposed to conduct that is remote in time, speculative, or based solely on anticipated future actions.

The city manager or designee is not required to make affirmative findings as to each factor and may refer the matter to the city council whenever, in the city manager’s administrative judgment, further consideration under this division may be warranted.
(b) Alternate preliminary reviewer. If the city manager is a complainant, a respondent, or otherwise directly involved in the matter under review, the preliminary administrative review shall be conducted by the human resources director or by a pre-designated neutral department head identified by resolution or administrative order of the city.

An alternate reviewer acting under this subsection shall have the same authority, limitations, and obligations as the city manager for purposes of this section. (c) Administrative closure and notice. If the preliminary administrative review determines that referral to the city council is not warranted, the matter may be closed at the administrative level.

In the event of administrative closure, the city manager, designee, or alternate reviewer shall provide written notice to the complainant stating that the information submitted has been reviewed and that it has been determined that no further action under this division is warranted at this time. The notice need not include factual findings, legal analysis, or any explanation beyond that statement, and the city manager, designee, or alternate reviewer shall not be Ordinance No. 2537

required to provide any additional information regarding the basis for the determination.

Administrative closure does not preclude future review if materially new information is later received.
(d) Referral to city council. If the city manager, designee, or alternate reviewer determines that further consideration may be warranted, the matter shall be referred to the city council for consideration under section 2-716. Referral shall be neutral, non-adjudicative, and limited to summarizing the information received and the basis for referral. The referral shall not include recommendations regarding findings, outcomes, or governance-based measures.
(e) Limitations on individual briefings. The city manager, designee, or alternate reviewer shall not individually brief, consult with, or advise city council members regarding the merits of the matter outside a duly noticed meeting, except as expressly permitted by law.

Sec. 2-716. - Secondary administrative review by city council and threshold action.

Upon referral pursuant to section 2-715, the city council shall consider the matter in a duly noticed meeting, in open or closed session as authorized by law. Authority under this section is exercised collectively by the city council by a majority vote of the city council members present and eligible to vote, unless otherwise expressly stated in this article.
(a) Recusal of affected council members. If the matter under consideration involves a city council member as a complainant, reporting party, or respondent, that city council member shall recuse themselves from participation, including discussion, deliberation, and voting, with respect to actions taken under this section and any subsequent sections of this division relating to the same matter, except as otherwise required by law.
(b) Nature of city council consideration. City council consideration under this section is threshold and administrative in nature. The city council shall not make factual findings, credibility determinations, or conclusions regarding whether misconduct occurred at this stage.
(c) Threshold actions available to city council. After consideration of the information referred under section 2-715, the city council may, by majority vote and consistent with applicable law:
(1) Decline to initiate further review or action under this division; (2) Request additional administrative clarification from the city manager, Ordinance No. 2537

designee, or alternate reviewer, without authorizing investigation; (3) Authorize early, non-adversarial governance-based interventions, including facilitated governance discussions or mediation where appropriate and permitted by law;
(4) Direct issuance of a preservation notice pursuant to section 2-717; (5) Authorize an investigation pursuant to section 2-718; (6) Authorize interim governance-based measures where reasonably necessary to address a material adverse risk to the lawful functioning of city governance or city operations, or to protect the safety of persons or entities; or (7) Take any other action expressly authorized by this division and consistent with applicable law.

Notice of city council determination. If the city council determines, by majority vote, that no further review or action under this division is warranted, the city shall provide written notice to the complainant stating that the city council has considered the matter and determined that no further action under this division is warranted at this time. The notice shall not include factual findings, legal conclusions, or explanations beyond that statement, and shall expressly state that the city council has made no finding regarding the merits of the information submitted.
(d) Closed session reporting. Where city council consideration under this section occurs in closed session, any report out of closed session shall be limited to the extent required or permitted by law and may state only that the city council considered a matter pursuant to this division and took the action reflected in subsection (c), without identifying the subject of the matter or disclosing confidential information.
(e) No mandatory action. Nothing in this section requires the city council to authorize investigation, issue a preservation notice, or impose governancebased measures in response to any particular report, allegation, or request for action.

Sec. 2-717. - Preservation of documents, communications, and records.

Upon direction of the city council pursuant to section 2-716, the city shall issue a written preservation notice in connection with further review, investigation, or potential action under this division.
(a) Preservation obligation. The elected or appointed official who is the subject of the matter shall preserve all documents, communications, and records Ordinance No. 2537

reasonably related to the matters identified in the preservation notice.

Preservation is required regardless of whether the information is favorable or unfavorable to any person or entity.

The preservation obligation applies to information in the possession, custody, or control of the elected or appointed official that relates to city business or city governance, including information stored on personal devices, personal accounts, cloud-based services, third-party platforms, or artificial intelligence tools, to the extent such information relates to city matters.

Compliance with a preservation notice issued under this section is in addition to, and does not replace, any preservation, retention, or disclosure obligations imposed by adopted city policy or by applicable state or federal law, including public records, litigation hold, or records retention requirements. (b) Scope and conduct of preservation. During the preservation period, an elected or appointed official shall not destroy, alter, delete, overwrite, conceal, or cause the destruction, alteration, or concealment of any document, communication, or record subject to preservation.

Preservation under this section does not require disclosure, production, inspection, or access to preserved materials, and does not authorize searches, seizures, compelled production, or access by the city beyond that otherwise permitted by law.
(c) Duration of preservation. The preservation obligation shall remain in effect until the elected or appointed official receives written notice that review, investigation, and any related proceedings under this division have concluded and that preservation is no longer required.
(d) Additional preservation notices. Where reasonably necessary to protect the integrity of review or investigation, preservation notices may also be issued to other persons or entities subject to the city’s lawful authority, consistent with applicable law.
(e) Effect of noncompliance. Failure to comply with a preservation notice issued under this section may be considered in determining appropriate governancebased measures or escalation under division 4 of this article, consistent with applicable law.
(f) No waiver of rights. Nothing in this section shall be construed to waive or limit any constitutional, statutory, or common-law right or privilege, including privileges relating to attorney-client communications, work product, or privacy.

Ordinance No. 2537

Sec. 2-718. - Investigation.

Where the city council authorizes an investigation pursuant to section 2-716, or where investigation is otherwise required by applicable state or federal law and is initiated by the appropriate city official consistent with such law, the city shall initiate an investigation for the purpose of developing an appropriate factual record.

An investigation under this section is administrative and fact-finding in nature. It is intended to inform the city council’s consideration of governance-based measures or escalation under this article and shall not constitute a criminal, civil, or adjudicatory proceeding.
(g) Authorization and purpose. An investigation may be initiated only upon authorization by the city council pursuant to section 2-716, or where investigation is required by applicable law. The purpose of an investigation is to gather information relevant to alleged misconduct and to assess whether governance- based measures or escalation under this article may be warranted. (h) Independence of investigator. Any investigation conducted pursuant to this section shall be performed by an independent investigator retained or administered by the city attorney, the city manager, the city manager’s designee, or outside counsel retained by the city.

The investigator shall not be a city employee, shall not be the city attorney, and shall not be subject to the direction or control of the elected or appointed official who is the subject of the investigation. The investigator shall possess appropriate training and experience in conducting public-sector investigations and shall exercise independent professional judgment.

The fact that the city attorney, outside counsel, the city manager, or the city manager’s designee may retain, coordinate, or administer the engagement of the investigator, or provide legal guidance regarding scope, procedure, or compliance with applicable law, shall not, by itself, compromise the investigator’s independence, provided that such involvement does not direct factual findings, credibility determinations, or investigative conclusions.

Communications with the city attorney or outside counsel for purposes of legal advice or procedural guidance shall be protected to the extent permitted by law. (i) Scope and method of investigation. The scope of an investigation shall be reasonably tailored to the nature of the alleged misconduct, the information available, and the degree of material adverse risk identified. The city council retains discretion to define or refine the scope, duration, and subject matter of the investigation consistent with this article and applicable law.

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(j) Investigatory activities. An investigation may include review of documents, communications, and records; examination of publicly available information; and interviews of individuals who agree to participate.
(k) Participation by subject elected or appointed official. The elected or appointed official who is the subject of the investigation shall be provided an opportunity to participate and to respond in good faith, including by providing information and participating in interviews, subject to applicable constitutional, statutory, and common-law rights and privileges.

Failure to cooperate in good faith may be considered in determining appropriate governance-based measures or escalation under division 4 of this article, consistent with applicable law.
(l) Participation by city employees and others. City employees shall participate in investigations to the extent required by applicable law and adopted city policy and subject to any rights or protections afforded by law.

Participation by individuals other than the subject elected or appointed official as well as city employees is voluntary. Nothing in this section authorizes the city to compel testimony, administer oaths, issue subpoenas, or impose penalties for non- participation, except as otherwise permitted by law. (m)Notice of investigation. The elected or appointed official who is the subject of the investigation shall be provided written notice that an investigation has been initiated, the general nature of the matters under review, and the identity or role of the investigator. The elected or appointed official may be represented by counsel at their own expense, subject to applicable rights and privileges. (n) Investigative report; review and confidentiality. Upon completion of the investigation, the investigator shall prepare a written report summarizing factual findings within the authorized scope of the investigation. The report may include observations or considerations relevant to governance-based measures or escalation but shall not make determinations of criminal or civil liability.

Prior to disclosure or consideration by the city council, the report shall be reviewed for compliance with applicable confidentiality, privacy, and informationprotection laws. Information protected from disclosure by law shall be redacted or withheld as required.
(o) Conduct during pendency of investigation. To preserve the integrity and fairness of an investigation, the City’s elected or appointed officials are encouraged to refrain from publicly characterizing the substance of the investigation, the credibility of witnesses, or the merits of the allegations while the investigation is pending, except as required or expressly permitted by law.

Nothing in this subsection shall be construed to prohibit acknowledgment of the Ordinance No. 2537

existence of an investigation, explanation of procedural posture, compliance with legal obligations, or the exercise of rights protected by the United States or California Constitutions.

Sec. 2-719. - Independent fact-finding and advisory proceedings.

Independent fact-finding and advisory proceedings under this section are intended to provide the city council with a neutral, independent assessment of matters relating to alleged misconduct by an elected or appointed official where additional perspective, credibility evaluation, or institutional separation from city-directed investigation would materially assist the city council in determining whether governance-based measures or escalation under this article may be warranted.

Proceedings under this section are advisory and administrative in nature. They are not investigations under section 2-718, are not adjudications, and do not constitute a finding of misconduct. Nothing in this section limits or replaces any investigation authorized elsewhere in this division.
(a) Circumstances warranting independent advisory proceedings. The city council may authorize an independent fact-finding or advisory proceeding where it determines that one or more of the following circumstances exist:
(1) The matters under review involve material factual disputes, credibility issues, or competing accounts that would benefit from neutral evaluation; (2) The alleged misconduct presents a material adverse risk to the lawful functioning of city governance or city operations such that additional institutional separation is warranted;
(3) Escalation under division 4 of this article is reasonably contemplated and the city council seeks an advisory record distinct from city-directed investigation; or
(4) Other circumstances demonstrate that an independent advisory process would materially assist the city council’s deliberations. (b) Authorization and initiation. An independent fact-finding or advisory proceeding may be initiated only by action of the city council, taken by majority vote of members present and eligible to vote in a duly noticed meeting, in open or closed session as authorized by law. The authorizing action shall identify the general subject matter and advisory purpose of the proceeding.
(c) Independence and qualifications of fact-finder. Any advisory proceeding under this section shall be conducted by a neutral third party retained or administered by the city council, the city attorney, the city manager, the city manager’s designee, or outside counsel retained by the city, as authorized by the city Ordinance No. 2537

council.

The fact-finder shall not be a city employee, shall not be the city attorney or any attorney employed by or regularly representing the city, and shall not be subject to the direction or control of the elected or appointed official who is the subject of the proceeding. The fact-finder shall exercise independent professional judgment and conduct the proceeding in a manner consistent with applicable law and professional standards.

The fact that city officials or counsel may retain, coordinate, administer, or provide legal or procedural guidance regarding scope, process, or compliance with law shall not, by itself, compromise independence, provided that the factfinder is not substantively directed as to factual findings, credibility assessments, or advisory conclusions.
(d) Scope and methods. The scope of an independent advisory proceeding shall be defined by the city council and reasonably tailored to the matters presented. The fact-finder may review investigative materials, receive documents or written submissions, conduct interviews, and assess credibility to the extent permitted by law and consistent with the advisory nature of the proceeding.

Nothing in this section confers subpoena power, authority to compel testimony, or enforcement authority unless expressly granted by law. (e) Notice and participation. The elected or appointed official who is the subject of the advisory proceeding shall be provided written notice of its initiation and the general nature of the matters under review. The elected or appointed official may submit information voluntarily, may be interviewed by the fact-finder, and may be represented by counsel at the elected or appointed official’s own expense, subject to applicable rights and privileges.
(f) Advisory report. Upon completion of the proceeding, the fact-finder shall prepare a written advisory report summarizing factual findings and observations within the authorized scope. The report may include non-binding observations relevant to governance-based measures or escalation but shall not make determinations of criminal or civil liability and shall not, by itself, constitute a finding of misconduct.
(g) Confidentiality and redactions. Prior to disclosure or consideration by the city council, an advisory report shall be reviewed for compliance with applicable confidentiality, privacy, and information-protection laws. Information protected from disclosure by law shall be redacted or withheld as required. (h) Use of advisory report. The city council may consider an advisory report prepared under this section in determining whether to impose governancebased measures, initiate escalation under division 4 of this article, rely on Ordinance No. 2537

external findings pursuant to section 2-720, or take other action authorized by this article. The city council retains sole discretion regarding whether and how to act upon any advisory findings or observations.

Sec. 2-720. - Reliance on external findings and orders.

This section governs the city council’s reliance on findings, orders, or determinations issued by courts or other authorized tribunals when evaluating alleged misconduct by an elected or appointed official and determining whether governance-based measures or escalation under this article may be warranted.

Reliance under this section is intended to avoid duplicative proceedings, prevent relitigation of matters already resolved by competent authorities, and permit timely and lawful action to protect the lawful functioning of city governance or city operations, or the safety of persons or entities.
(a) External findings and orders covered. For purposes of this section, external findings and orders include final or operative findings, orders, judgments, or determinations issued by a court of competent jurisdiction or other authorized tribunal, including workplace violence restraining orders, civil harassment restraining orders, criminal protective orders, probation conditions, injunctions, administrative findings, or other legally binding directives relating to conduct described in division 2 of this article.
(b) Authority to rely without re-adjudication. The city council may rely upon external findings and orders described in subsection (a) without independently reinvestigating or re-adjudicating the underlying facts. Reliance on an external finding or order under this section does not constitute a separate determination of misconduct by the elected or appointed official beyond the scope of the external finding or order.
(c) Timing, effect, and scope of reliance. Reliance under this section may occur at any stage of review under this division. Where an external finding or order restricts conduct, contact, participation, or access, the city council may authorize governance-based measures reasonably necessary to ensure compliance with the external finding or order and to protect the lawful functioning of city governance or city operations, or the safety of persons or entities. (d) Relationship to investigation and advisory proceedings. Nothing in this section requires the city council to delay action pending completion of an investigation or advisory proceeding where an external finding or order is operative and immediate action is reasonably necessary. Conversely, the city council may consider investigative or advisory materials developed under this division when determining the appropriate scope or duration of governance-based measures imposed in reliance on an external finding or order.

Ordinance No. 2537

Sec. 2-721. - Interim governance-based measures.

Interim governance-based measures under this section are temporary, protective actions intended to preserve the integrity, safety, and lawful functioning of city governance or city operations during the pendency of review, investigation, advisory proceedings, or reliance on external findings. Interim measures are not disciplinary actions and do not constitute findings of misconduct.
(a) Purpose and timing. The city council may authorize interim governance-based measures where information received or developed pursuant to this division reasonably indicates an immediate or ongoing material adverse risk to the lawful functioning of city governance or city operations, or to the rights or safety of persons or entities. Interim measures may be imposed before completion of investigation or advisory proceedings where reasonably necessary to address identified risks.
(b) Scope of interim measures. Interim governance-based measures shall be narrowly tailored to the circumstances presented and imposed only to the extent reasonably necessary to mitigate identified material adverse risks, while preserving the nature of public office. Interim measures may include, but are not limited to, temporary limitations on participation in specified city matters, agenda items, committees, boards, or liaison assignments; temporary restrictions on direct contact with specified persons or entities; and temporary adjustments to access to nonpublic information.
(c) Quorum and continuity of governance. Interim governance-based measures shall be implemented, to the extent reasonably practicable and consistent with applicable law, in a manner that preserves the city’s ability to establish a quorum and to conduct the essential business of the city. Nothing in this subsection shall be construed to require the city council to disregard or modify a court order, restraining order, or other legally binding directive issued by a court of competent jurisdiction.
(d) Duration and review. Interim governance-based measures shall be imposed for the minimum duration reasonably necessary under the circumstances and shall be subject to periodic review by the city council. Interim measures may be modified or lifted as circumstances change or as additional information becomes available.
(e) Relationship to other actions. The imposition of interim governance-based measures does not preclude completion of investigation or advisory proceedings under this division, reliance on external findings pursuant to section 2-720 of this article, or escalation under division 4 of this article where warranted.
(f) Contingent suspension pending external adjudication. As a temporary and Ordinance No. 2537

protective measure, suspension of elected or appointed official pending resolution of criminal proceedings or other external adjudication may be considered only if and to the extent authorized by law, and only where the city council determines that continued exercise of official duties presents an immediate and substantial risk to the lawful functioning of city governance or to public safety.

At present, the city lacks authority to suspend elected officials pending external adjudication. This subsection is included solely to articulate a governance framework that would apply if and when such authority is granted to municipalities by the State of California through enabling legislation or constitutional amendment. Absent such authority, no suspension pending adjudication may be imposed under this article.
(g) Effect of suspension pending adjudication if authorized. If suspension pending adjudication is authorized by law and imposed pursuant to this section, such suspension shall be temporary, shall not constitute removal from office, and shall remain in effect only for the duration and under the conditions permitted by law.

The city shall ensure continuity of city governance consistent with applicable law during any period of suspension.
(h) Limitations on scope. Nothing in this section shall be construed to authorize the adoption of permanent or generally applicable governance rules, policies, or restrictions applicable to all elected or appointed officials, which shall be adopted, if at all, through separate legislative or policy action of the city council.

Sec. 2-722. - Indemnification and reimbursement of costs.

The provision of legal defense, indemnification, or reimbursement of costs to an elected or appointed official in connection with any matter arising under this article shall be governed exclusively by applicable state law. Nothing in this article shall be construed to expand, create, or guarantee a right to defense, indemnification, or reimbursement of costs at public expense beyond that provided by law. (a) No automatic right to defense or indemnification. Nothing in this article authorizes or requires the city to provide legal representation, advance defense costs, indemnify, or reimburse an elected or appointed official for attorneys’ fees, costs, or expenses incurred in connection with alleged misconduct. Any such determination shall be made solely pursuant to applicable statutory standards and procedures.
(b) Scope of lawful indemnification. To the extent permitted by law, the city may provide defense or indemnification only for acts or omissions occurring within the course and scope of lawful official duties and undertaken in good faith in furtherance of city governance. The city shall not indemnify or reimburse costs Ordinance No. 2537

arising from acts or omissions determined to be outside the scope of official duties, undertaken for personal benefit, or otherwise excluded from indemnification under applicable law.
(c) Independent determination required. Any decision to provide, deny, condition, or withdraw defense or indemnification shall require an independent determination made in accordance with applicable law. Nothing in this article shall be construed to predetermine, influence, or constrain that determination, or to require the city to provide representation or reimbursement pending resolution of factual or legal issues.
(d) No authorization of private counsel for personal misconduct. Nothing in this article shall be construed to authorize the city to fund or reimburse private legal counsel retained by an elected or appointed official for matters involving alleged personal misconduct, violations of law, or acts outside the scope of official duties, except to the extent expressly permitted by statute and approved pursuant to applicable legal standards.
(e) Reliance on external findings. In determining whether defense, indemnification, or reimbursement is permitted or required, the city may consider final judicial, administrative, or arbitral findings, including findings described in section 2-720 of this article, establishing whether the conduct at issue occurred within the scope of official duties or involved conduct for which indemnification is not authorized.
(f) Recovery of costs where indemnification is not authorized. Where permitted by law, and following a final determination that an elected or appointed official acted outside the scope of lawful duties or engaged in conduct for which defense, indemnification, or reimbursement is not authorized, the city shall seek recovery of any defense costs or indemnification amounts previously advanced. Recovery may include reimbursement, offset against amounts otherwise payable by the city, or other lawful means of recoupment authorized by statute. Nothing in this subsection shall be construed to authorize recovery in excess of that permitted by law or to impose personal liability beyond that allowed by applicable legal standards.

Sec. 2-723. - Safeguards against misuse of process.

The reporting, review, investigation, and governance-based measures established by this division are intended to protect the integrity, safety, and lawful functioning of city governance or city operations. These processes shall not be invoked or used for improper purposes or in a manner that undermines city governance, city operations, or the rights of persons or entities.

This section preserves the availability of good-faith reporting and compliance with investigations required by law, while preventing abuse, intimidation, coercion, or Ordinance No. 2537

political manipulation of the processes established by this article. (a) Prohibited misuse of process. The city council may take appropriate action to limit, dismiss, or decline to pursue reports, requests for action, or other invocations of process under this division where it is determined, based on the information available, that such invocation:
(1) Was knowingly false or made with reckless disregard for the truth; (2) Repeats allegations that have previously been reviewed or resolved under this article or through other lawful processes, absent materially new information;
(3) Is itself inconsistent with division 2 of this article; or (4) Otherwise constitutes an abuse of the processes established by this article that poses a material adverse risk to the lawful functioning of city governance or city operations.

Considerations in determining misuse. In determining whether misuse of process has occurred, the city council may consider the timing, frequency, substance, and context of the invocation, including whether it coincides with city actions, votes, elections, or other governance activities, and whether the invocation reflects a pattern of conduct inconsistent with good-faith reporting.
(b) No limitation on mandatory investigations. Nothing in this section shall be construed to limit or excuse the city’s obligation to initiate or complete investigations required by state or federal law.
(c) Protection of good-faith reporting. Nothing in this section shall be construed to discourage or penalize good-faith reporting, to require that a report be substantiated in order to be made, or to impose adverse consequences solely because a report is not sustained following review or investigation. (d) Responses to misuse. Where misuse of process is determined, the city council may authorize governance-based measures consistent with this article, including limiting further review of duplicative or improper allegations, declining to pursue improper requests for action, or taking other measures reasonably necessary to protect city governance, city operations, and the integrity of the process.

DIVISION 4 – GOVERNANCE-BASED MEASURES AND ESCALATION
Sec. 2-724. - Overview.

This division establishes the framework by which the city council may authorize governance-based measures and escalation based on information developed pursuant Ordinance No. 2537

to division 3 of this article. Governance-based measures under this division are intended to protect the integrity, safety, and lawful functioning of city governance or city operations and are not employment actions, criminal sanctions, or determinations of civil liability.

Except as otherwise expressly provided in this article, any action taken under this division shall be approved by a vote of the city council members present and eligible to vote, excluding any city council member who is required to recuse themselves under this article or applicable law.
(a) Progressive escalation framework. Governance-based measures are progressive by default. Where appropriate, the city council shall consider corrective or remedial measures before authorizing more restrictive responses and shall escalate based on the nature, severity, frequency, and context of the misconduct; the record developed under division 3 of this article; the existence of external findings or court orders; the degree of material adverse risk presented to the lawful functioning of city governance or city operations, or to the safety of persons or entities; and the effectiveness or ineffectiveness of prior governance-based measures. (b) Pattern-based escalation. The city council may determine that escalation is warranted where misconduct reflects a pattern rather than an isolated incident. A pattern may be established by repeated violations of the standards of conduct set forth in division 2 of this article, repeated matters supported by investigation or advisory findings under division 3 of this article, or repeated failure to comply with corrective or remedial governance-based measures authorized under section 2- 725 of this article.
(c) Escalation based on noncompliance or ineffectiveness. Escalation may be warranted where an elected or appointed official fails to comply fully or in good faith with corrective or remedial governance-based measures, interim governancebased measures, or participation obligations imposed pursuant to division 3 of this article, or where such measures have proven ineffective to mitigate identified material adverse risks to city governance or city operations. (d) Escalation based on severity or risk. Nothing in this division requires the city council to proceed sequentially through each category of response. The city council may authorize more restrictive governance-based measures, even in the absence of a pattern, where the misconduct presents a material adverse risk to the lawful functioning of city governance or city operations, or to public safety; where external findings or court orders are operative; or where delay would materially compromise governance or safety.
(e) Reliance on division 3 record. Governance-based measures and escalation under this division shall be based on the record developed pursuant to division 3 of this article, including investigative reports, advisory findings, reliance on external findings or orders, documented violations of interim governance-based measures, and documented compliance or noncompliance with corrective or remedial governance-based measures. The city council shall not be required to Ordinance No. 2537

independently re-investigate or re-adjudicate facts already developed through those processes.
(f) Removal-seeking action as last resort. Any removal-seeking action contemplated by this division is intended as a last resort and shall be pursued only where authorized by law and where lesser governance-based measures are insufficient to protect the lawful functioning of city governance or city operations, or public safety. Removal-seeking action is further governed by sections 2-729 and 2-730 of this article and shall not be operative absent enabling legislative or constitutional authority.

Sec. 2-725. - Corrective and remedial measures.

Corrective and remedial measures under this section are governance-based measures intended to address misconduct that is reasonably remediable, to clarify expectations, and to reduce material adverse risk to the lawful functioning of city governance or city operations.

Corrective and remedial measures shall be informed by the record developed pursuant to division 3 of this article, including investigations authorized under section 2-718, advisory findings under section 2-719, reliance on external findings or orders under section 2-720, and other information properly before the city council. (a) Purpose and use. The purpose of corrective and remedial measures is to address misconduct through education, guidance, facilitated intervention, or other structured governance-based measures. Such measures are appropriate where the city council determines that the misconduct does not present an immediate or substantial material adverse risk to the lawful functioning of city governance or city operations, or to public safety, and that remediation is reasonably likely to be effective.
(b) Types of corrective and remedial measures. Corrective and remedial measures may include, as appropriate to the circumstances, mandatory or recommended training related to city governance, ethics, conflicts of interest, Brown Act compliance, workplace conduct, or other relevant subjects; written governance directives clarifying permissible conduct, communication protocols or professional boundaries; facilitated governance interventions or coaching; and requirements to acknowledge receipt and understanding of applicable policies, directives, or expectations.
(c) Authorization and implementation. Corrective and remedial measures shall be authorized by majority vote of the city council members present and eligible to vote, taken in open session except where closed session consideration is expressly authorized by law. The city council may specify the scope, duration, and completion requirements for such measures, including reasonable deadlines for completion.

Ordinance No. 2537

(d) Effect of compliance or noncompliance. Successful completion of authorized corrective or remedial measures may be considered by the city council in determining whether further escalation under section 2-724 of this article is warranted. Failure to comply fully or in good faith with authorized measures, refusal to participate, or subsequent misconduct demonstrating that remediation has been ineffective may be considered in determining whether escalation pursuant to section 2-724 is appropriate.

Sec. 2-726. - Governance-based limitations and restrictions.

Governance-based limitations and restrictions under this section are durable governance- based measures intended to regulate the exercise of office, not the holding of office, where such limitations or restrictions are reasonably necessary to protect the lawful functioning of city governance or city operations, or to mitigate material adverse risk to public safety. Limitations and restrictions imposed pursuant to this section do not remove a city council member from office, suspend the office, or constitute a determination of criminal or civil liability.
(a) Circumstances warranting limitations. The city council may authorize governancebased limitations and restrictions where it determines that continued unrestricted exercise of office presents a material adverse risk to the lawful functioning of city governance or city operations, or to public safety, and that limitations or restrictions under this section are reasonably necessary to mitigate the identified risk, whether alone or in combination with other governance-based measures. (b) Types of limitations and restrictions. Governance-based limitations and restrictions may include, as reasonably necessary under the circumstances, limitations on participation in specified city matters or agenda items; removal from or limitation of committee, board, or liaison assignments; requirements that specified interactions with identified persons or entities occur only through designated city staff or in structured settings; restrictions on access to nonpublic information where necessary to protect city operations or to comply with external findings or orders; and other durable constraints reasonably designed to mitigate identified material adverse risks while preserving the nature of public office. (c) Authorization and scope. Governance-based limitations and restrictions shall be authorized by majority vote of the city council members present and eligible to vote, taken in open session except where closed session consideration is expressly authorized by law. The authorizing action shall specify the nature, scope, and duration of the limitations imposed and shall be reasonably tailored to the risks identified in the record developed pursuant to division 3 of this article. (d) Quorum and continuity of governance. Governance-based limitations and restrictions shall be implemented, to the extent reasonably practicable and consistent with applicable law, in a manner that preserves the city’s ability to establish a quorum and to conduct the essential business of the city. Nothing in Ordinance No. 2537

this subsection shall be construed to require the city council to disregard or modify a court order, restraining order, or other legally binding directive issued by a court of competent jurisdiction.
(e) Duration and review. Governance-based limitations and restrictions shall remain in effect only for the duration reasonably necessary to address the identified material adverse risks and shall be subject to periodic review by the city council.

The city council may modify or lift such limitations where circumstances materially change, where compliance is demonstrated, or where the identified risks have been adequately mitigated.

Sec. 2-727. - Referral to external authorities and proceedings.

Referral to external authorities under this section is a governance-based escalation mechanism by which the city council may transmit matters involving alleged misconduct by an elected or appointed official to entities with independent investigatory, enforcement, or adjudicatory authority where the conduct exceeds, or may exceed, the city council’s institutional authority to address internally.

Referral under this section is intended to ensure compliance with applicable law, protect public safety, and address matters that may require criminal, civil, administrative, regulatory, or professional review by external bodies.
(a) Circumstances warranting referral. The city council may authorize referral where it determines that the conduct at issue may implicate criminal law, civil law, ethics or campaign-finance requirements, conflicts of interest laws, professional standards, court orders, or other legal obligations beyond the city council’s authority to enforce. Referral may also be warranted where the misconduct presents a material adverse risk to the lawful functioning of city governance or city operations, or to public safety.
(b) Mandatory referral where required by law. Nothing in this article shall be construed to limit, delay, or excuse referral to external authorities where such referral is required by state or federal law. Where information available to the city reasonably indicates conduct that must be reported or referred to law enforcement, prosecutorial authorities, regulatory agencies, or other entities pursuant to applicable legal requirements, the city council or appropriate city official shall ensure that such referral is made in accordance with law. (c) Authorization and procedure. Referral shall be authorized by majority vote of the city council members present and eligible to vote, taken in open session except where disclosure of the referral itself is restricted by law. The city council may direct that relevant materials developed pursuant to this article be transmitted to the external authority, subject to applicable confidentiality, privilege, and informationprotection requirements.

Ordinance No. 2537

(d) Effect of referral. Referral to external authorities does not preclude the city council from continuing to impose or maintain governance-based measures under this article, including interim measures under section 2-721 or governance-based limitations under section 2-726, where reasonably necessary to protect the lawful functioning of city governance or city operations, or public safety. Conversely, the city council may determine that further action under this article should be deferred, modified, or escalated based on the status or outcome of external proceedings. (e) No adjudication by city council. Authorization of referral under this section shall not be construed as a determination by the city council that misconduct occurred, nor as a finding of criminal or civil liability. The city council’s role under this section is limited to governance oversight and compliance with applicable legal obligations.

Sec. 2-728. - Censure.

Censure is a formal governance-based measure by the city council intended to publicly condemn conduct that undermines the integrity, safety, or lawful functioning of city governance or city operations. Censure does not remove an elected or appointed official from office, suspend the office, or constitute a determination of criminal or civil liability.

It is an institutional expression of disapproval adopted to protect city governance, provide transparency, and establish a clear record of the city council’s response.

The procedures set forth in this section establish the minimum procedure required before adoption of a resolution of censure. Nothing in this section shall be construed to require the city council to conduct an adjudicatory or trial-like proceeding, or to limit the city council’s discretion to structure its deliberations in a manner consistent with applicable law.
(a) Initiation of censure. The city council may initiate censure proceedings where it determines that the conduct at issue implicates one or more provisions of division 2 of this article and that corrective or remedial governance-based measures under section 2-725 of this article are insufficient, ineffective, or inappropriate under the circumstances. Initiation of censure shall occur by action taken in open session and shall require a majority vote of the city council members present and eligible to vote.
(b) Written notice. No fewer than ten (10) calendar days prior to the city council meeting at which a resolution of censure is to be considered, the elected or appointed official who is the subject of the proposed censure shall be provided with written notice. The notice shall describe the conduct at issue with reasonable specificity, identify the provisions of this article implicated, and state the date, time, and place of the city council meeting at which the proposed censure will be considered.
(c) Access to materials. At the time notice is provided, the elected or appointed official subject to the proposed censure shall be provided access to the materials upon Ordinance No. 2537

which the proposed censure is based, including investigative reports, advisory findings, or external findings relied upon by the city council, subject to redaction or withholding as required by law.
(d) Opportunity to respond. Before the city council votes on a resolution of censure, the elected or appointed official who is the subject of the proposed censure shall be afforded an opportunity to respond in open session. This opportunity shall include the ability to make an oral statement to the city council and to submit written materials for inclusion in the public record no later than five (5) calendar days prior to the meeting.

If the proposed censure arises from a complaint submitted by another elected or appointed official, that elected or appointed official may also be afforded a limited opportunity to address the city council in open session, subject to the same time, place, and manner limitations.

The elected or appointed official who is the subject of the proposed censure may be represented by counsel at the elected or appointed official’s own expense.

Reasonable time, place, and manner limits may be imposed to ensure orderly proceedings.
(e) Public comment. Public comment on a proposed resolution of censure shall be permitted in accordance with the Brown Act and the city council’s rules of procedure. Public comment shall be limited to the subject matter of the proposed censure. Elected or appointed official shall not use public comment to present evidence, call witnesses, elicit testimony, or conduct examination or crossexamination, and public comment shall not be treated as an evidentiary record. (f) No evidentiary or adjudicatory hearing. Censure proceedings are legislative and governance-based in nature and shall not constitute an evidentiary or adjudicatory hearing. No party has the right to call witnesses, compel testimony, or conduct cross-examination. Nothing in this section prohibits the city council, in its discretion and by action taken in open session, from receiving additional information or statements where doing so would assist deliberation, provided such action does not convert the proceeding into a trial-like hearing.
(g) Consideration and vote. Following notice, opportunity to respond, and public comment, the city council may deliberate and vote in open session on whether to adopt a resolution of censure at the noticed meeting or a continued meeting.

Adoption of a resolution of censure shall require a majority vote of the city council members present and eligible to vote, unless a higher threshold is required by law. (h) Contents and effect of censure. A resolution of censure may describe the conduct at issue and its impact on city governance or city operations, identify the standards of conduct implicated, and include a formal statement of condemnation or disapproval. A resolution of censure may also articulate expectations for future Ordinance No. 2537

conduct and reference the potential for escalation under this division if misconduct continues or recurs.

Sec. 2-729. - Impeachment.

Impeachment under this article is a removal-seeking governance action of last resort. It is intended to address extraordinary circumstances in which an elected or appointed official’s continued service presents an intolerable material adverse risk to the lawful functioning of city governance or city operations, or to public safety, and where lesser governance- based measures have been ineffective, have been disregarded, or are clearly inadequate under the circumstances.

Impeachment is not intended to punish political disagreement, unpopular viewpoints, or lawful legislative conduct. It is reserved for serious misconduct demonstrating that continued service is incompatible with the lawful and safe functioning of municipal governance.
(a) Threshold for initiation. Impeachment proceedings may be initiated where the city council determines, based on the record developed pursuant to division 3 of this article, that one or more of the following conditions exist, whether arising from a single incident or from repeated conduct over time:
(1) Repeated or willful non-compliance with corrective or remedial governancebased measures, governance-based limitations or restrictions, or other measures authorized under this article, demonstrating that lesser responses are ineffective to mitigate identified risks;
(2) Egregious misconduct that, by its nature or severity, renders corrective measures, censure, or governance-based limitations clearly inadequate or inappropriate;
(3) A final judicial, administrative, or arbitral finding establishing conduct that would justify removal, forfeiture, or disqualification from public office under applicable law; or
(4) Willful violation of court orders, restraining orders, or other legally binding directives relating to city governance or the exercise of city council authority. (b) Initiation of impeachment proceedings. Impeachment proceedings shall be initiated by a majority vote of the city council members present and eligible to vote, taken in open session to the extent permitted by law. The initiating action shall identify the general grounds for impeachment and the provisions of this article implicated.
(c) Written notice. Upon initiation of impeachment proceedings, the elected or appointed official who is the subject of the proceedings shall be provided with written notice describing the conduct at issue with reasonable specificity, Ordinance No. 2537

identifying the applicable standards under this article, and outlining the procedural steps to follow. The notice shall provide no fewer than thirty (30) calendar days before commencement of any impeachment-related proceeding before an independent hearing officer.
(d) Independent hearing officer. Impeachment proceedings shall be conducted before an independent hearing officer retained by the city as authorized by the city council. The hearing officer shall not be a city employee and shall not be subject to the direction or control of the elected or appointed official who is the subject of the proceedings.

To promote neutrality and institutional separation, the city council may authorize retention of the hearing officer through a neutral dispute-resolution provider, such as JAMS, the American Arbitration Association (AAA), Judicate West, or a comparable organization, or may retain a retired judicial officer or similarly qualified neutral with experience in public-sector governance matters.

The hearing officer shall exercise independent judgment and conduct the proceeding consistent with applicable law and the minimum procedural safeguards required for removal-seeking actions. The city council shall not serve as the finder of fact in impeachment proceedings.

The fact that the city council, the city attorney, outside counsel, the city manager, or a designee may retain, coordinate, or provide legal or procedural guidance regarding scope or compliance with law shall not, by itself, compromise the independence of the hearing officer, provided that such guidance does not direct factual findings or recommendations.
(e) Procedure before hearing officer. The elected or appointed official subject to impeachment shall be afforded, at a minimum, a reasonable opportunity to be represented by counsel at their own expense, to submit evidence, and to respond to the allegations before the hearing officer, subject to applicable constitutional, statutory, and common-law rights and privileges.

These procedures establish the minimum procedure applicable to impeachment proceedings under this article and shall not be construed to create a trial-like forum, to adopt evidentiary rules beyond those required by law, or to expand the city’s authority beyond that authorized by statute or constitution. Any provision of defense costs or reimbursement shall be governed exclusively by applicable state law.
(f) Written findings and recommendation. Upon conclusion of the proceedings, the independent hearing officer shall issue written findings and a recommendation addressing whether removal or other removal-related action is warranted. The findings shall be based on the record developed and transmitted to the city council for final consideration.

Ordinance No. 2537

(g) Final Action by city council. Following receipt of the hearing officer’s findings and recommendation, and after public comment to the extent required or permitted by law, the city council may take final action in open session by a supermajority vote of the city council members present and eligible to vote, to the extent authorized by law. Final action may include acceptance or rejection of the recommendation in whole or in part and, where authorized, removal from office. (h) Requirement of enabling authority. This section shall not be operative unless and until authority to impeach elected or appointed officials is granted to municipalities by the State of California through enabling legislation or a constitutional amendment. Nothing in this article shall be construed to assert or imply that the city presently possesses impeachment authority absent such authorization.

Sec. 2-730. - Disqualification from future office following impeachment.

Disqualification under this section is a removal-related governance action, distinct from impeachment. It is intended to address extraordinary circumstances in which an elected or appointed official, having been removed from office following impeachment proceedings, is determined to be unfit to hold future public office due to misconduct demonstrating a fundamental incompatibility with the lawful functioning of city governance or city operations, or with public safety.

Disqualification is not automatic upon impeachment or removal. It is a separate and additional action that may be considered only after completion of impeachment proceedings pursuant to section 2-729 of this article and only where expressly authorized by law.
(a) Relationship to impeachment. Disqualification may be considered only following completion of impeachment proceedings under section 2-729 and only where the city council has taken final action resulting in removal from public office. (b) Separate vote required. Any determination to disqualify an elected or appointed official from holding future public office shall require a separate vote of the city council, distinct from and subsequent to any vote on impeachment or removal.

Disqualification shall not be implied, inferred, or imposed by operation of law absent such separate action.
(c) Voting threshold. Disqualification under this section may be authorized only by a supermajority vote of the city council members present and eligible to vote, to the extent authorized by law.
(d) Findings required. Prior to any vote on disqualification, the city council shall adopt written findings, based on the record developed pursuant to division 3 of this article and the findings issued in the impeachment proceeding, that the misconduct at issue demonstrates that the individual’s future service in public office would pose a material adverse risk to the lawful functioning of city governance or city Ordinance No. 2537

operations, or to public safety.
(e) Scope of disqualification. Any disqualification authorized under this section shall be limited to future service in public office within the City of West Covina, unless broader disqualification is expressly authorized by applicable law. Nothing in this section shall be construed to affect eligibility for state or federal office. (f) Preservation of electoral authority. Nothing in this section shall be construed to override voter eligibility requirements, recall procedures, or constitutional protections except to the extent expressly authorized by law. Disqualification is intended as an extraordinary governance safeguard and shall be construed narrowly.
(g) Requirement of enabling authority. This section shall not be operative unless and until authority to disqualify elected and appointed officials from future elective office is granted to municipalities by the State of California through enabling legislation or a constitutional amendment. Nothing in this article shall be construed to assert or imply that the City presently possesses disqualification authority absent such authorization.

SECTION 3. Environmental Compliance. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance will have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines.

SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, and phrase thereof irrespective of the fact that any one or more portions be declared invalid or unconstitutional.

SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) calendar days after its adoption. Provisions of Article XII of Chapter 2 of the West Covina Municipal Code that are expressly conditioned on the existence of enabling legislation or constitutional authority, including but not limited to provisions relating to suspension pending adjudication, impeachment, or disqualification from future public office, shall not be operative unless and until such authority is granted, as expressly provided within Article XII. All other provisions of Article XII shall be operative upon the effective date of this Ordinance and shall apply prospectively in accordance with the terms of Article XII.

SECTION 6. Certification and Publication. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published or posted in the manner required by law.

Ordinance No. 2537

PASSED, APPROVED, AND ADOPTED this 3rd day of February, 2026.

Letty Lopez-Viado
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick, CMC
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance No. 2537 was introduced at a regular meeting of the City Council held on the 20th day of January, 2026, and adopted at a regular meeting of the City Council held on the 3rd day of February, 2026, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick, CMC
Assistant City Clerk
ATTACHMENT NO. 2
Ordinance No. 2537

ORDINANCE NO. 2537

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING CHAPTER 2 OF

THE WEST COVINA MUNICIPAL CODE TO ADD ARTICLE
XII, ENTITLED “CITY COUNCIL CODE OF CONDUCT”
The City Council of the City of West Covina hereby finds and declares as follows:

WHEREAS, the City of West Covina is a general law city organized and operating under the laws of the State of California; and
WHEREAS, City Council members are elected and appointed officials are entrusted with legislative authority and public responsibilities distinct from those applicable to City employees; and
WHEREAS, the City Council has previously adopted Standing Rules and Rules of Decorum governing the conduct of City Council meetings and the participation of members of the public; and
WHEREAS, the existing Rules of Decorum primarily address real-time conduct during City Council meetings and do not establish a comprehensive, codified framework for addressing alleged misconduct by City Council memberselected and appointed officials occurring outside meetings or over time, nor do they provide structured procedures for review, investigation, preservation of records, or proportionate governance-based response; and
WHEREAS, on December 16, 2025, the City Council reviewed the City’s Standing Rules and Rules of Decorum and provided direction to staff to develop a City Council Code of Conduct to promote orderly, respectful, and effective governance; and WHEREAS, the City Council has considered the need for a governance-based framework that identifies standards of conduct applicable to City Council memberselected and appointed officials, establishes structured procedures for reporting, review, investigation, and preservation of records, and provides proportionate, non-employment governance-based responses, short of removal from office, designed to protect the lawful operation and safety of City governance; and
WHEREAS, the City Council recognizes that its authority to address alleged misconduct by elected and appointed officials is subject to constitutional, statutory, and legal limitations, including limitations on impeachment, removal, suspension (including suspension pending adjudication), recall, and criminal enforcement, and that general law cities may not create such authorities by local ordinance absent express enabling legislation or constitutional authority; and
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WHEREAS, the City Council desires to codify a City Council Code of Conduct that operates within these legal constraints, preserves constitutional rights, respects the elective nature of public office, and does not create employment-based discipline or criminal or civil enforcement authority; and
WHEREAS, the City Council further desires to require written acknowledgement by City Council memberselected and appointed officials confirming receipt of and responsibility to comply with the City Council Code of Conduct, in order to ensure notice, transparency, and consistent application of governance-based obligations; and WHEREAS, the City Council has determined that adoption of a City Council Code of Conduct within the West Covina Municipal Code is reasonably necessary to promote effective governance, reduce legal and operational risk, and maintain public confidence in City institutions; and
WHEREAS, all legal requirements prior to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council of the City of West Covina hereby makes and adopts as its legislative findings the facts and conclusions set forth in the recitals of this Ordinance.

SECTION 2. Amendment to Chapter 2 of the West Covina Municipal Code.

Chapter 2 of the West Covina Municipal Code is hereby amended to add a new Article XII, entitled “City Council Code of Conduct,” to read in its entirety as follows:

ARTICLE XII. - CITY COUNCIL- CODE OF CONDUCT
DIVISION 1 – GENERAL PROVISIONS
Sec. 2-700. - Purpose and scope.
(a) The city council adopts this article to promote sound city governance, protect the integrity of city operations, and reduce material adverse legal, financial, and operational risk to the city arising from alleged misconduct by members of the city councilthe city’s elected and appointed officials.
(b) Public agencies nationwide, including at the federal, state, and local levels, have increasingly adopted formal codes of conduct for elected and appointed officials in response to evolving legal standards, heightened public expectations, and increased reporting of conduct-related concerns affecting governmental Ordinance No. 2537

operations. Such codes are intended to establish clear expectations and structured, transparent processes for addressing concerns involving elected and appointed officials in a manner consistent with applicable law and the elective nature of public office.
(a) While city council memberselected and appointed officials do not manage day-today city operations, misconduct (c) occurring while acting in an official capacity or in connection with city business may materially affect city operations and interactions among persons and entities, and may create material adverse risk to city governance.
(d) This article is adopted for governance and material adverse risk-management purposes only. It is intended to establish clear standards and lawful procedures for addressing alleged misconduct by city council memberselected and appointed officials and to authorize measured, proportionate governance-based measures designed to protect the city and city governance from material adverse risk. (e) Nothing in this article is intended to punish lawful political expression, alter the elective nature of public office, interfere with the good-faith exercise of legislative discretion, establish criminal, civil, or quasi-judicial enforcement authority, replace or supersede enforcement authority conferred by state or federal law, or require the City to make findings regarding criminal liability or civil fault.

Sec. 2-701. - Definitions.

For purposes of this article, the following terms shall have the meanings set forth below:
“City business” means any matter relating to the operations, functions, services, policies, contracts, proceedings, or official activities of the city. “City governance” means the legislative, policy-making, oversight, and decision-making functions of the city council, including participation in city council meetings, committees, appointments, and interactions undertaken in an official or representative capacity. “City operations” means the administrative, managerial, and operational activities of the city undertaken to implement, execute, or carry out city policies, programs, services, contracts, proceedings, and decisions, including the day-to-day functions performed by city officers, employees, contractors, and agents in support of city governance. “Communications” means any oral, written, electronic, visual, or digital transmission or dissemination of information, ideas, instructions, or messages, regardless of form or medium, including correspondence, emails, text messages, instant messages, direct messages, social media posts, comments, replies, reactions, shared content, livestreams, stories, voicemails, video messages, memoranda, notes, and any associated metadata.

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“Documents” means all writings and recorded information, whether tangible or intangible, regardless of form or medium, including paper, electronic, digital, audio, visual, or databased materials. Documents include letters, memoranda, notes, reports, drafts, photographs, recordings, spreadsheets, presentations, calendars, logs, databases, electronically stored information, metadata, and versions thereof. Documents also include content generated, stored, transmitted, or relied upon through artificial intelligence tools, automated systems, or digital assistants, including prompts, queries, responses, outputs, drafts, summaries, or analyses, to the extent such content relates to city business or city governance.
“Entities” means any organization, body, association, business, governmental unit, agency, board, commission, partnership, corporation, nonprofit organization, or other collective or institutional body, whether public or private. “Governance-based measures” means non-employment actions authorized by this article that are intended to protect city governance, city operations, and city personnel, and that regulate the exercise of office rather than the holding of office. Governance-based measures may include limitations on participation in specified proceedings, removal from committee or liaison assignments, training or educational requirements, communication or contact parameters, or other lawful measures short of removal from office. “Misconduct” means conduct by a city council memberan elected or appointed official that relates to city business or city governance and that violates the standards of conduct set forth in this article.
“Official capacity” means actions taken by a city council memberan elected or appointed official while performing official functions, acting in a representative role, exercising the authority or influence of office, or purporting to act on behalf of the city. “Persons” means any individual, including city officials, city employees, appointed officials, contractors, consultants, volunteers, members of the public, or other natural persons.
“Personal gain” means any direct or indirect benefit, advantage, or interest, whether financial or non-financial, received or sought by a city council memberan elected or appointed official or by another person or entity with whom the city council memberelected or appointed official has a personal, familial, business, or political relationship. “Records” means any document, communication, or other recorded information, regardless of form or medium, that is prepared, generated, received, owned, used, retained, stored, transmitted, or maintained by a city council member in connection with city business or city governance, including copies, excerpts, drafts, and versions thereof.

Records include, but are not limited to, information stored in paper, electronic, digital, audio, visual, or data-based form; information stored on personal devices, personal accounts, cloud-based services, third-party platforms, or collaboration tools; and information generated, stored, transmitted, or relied upon through artificial intelligence Ordinance No. 2537

tools, automated systems, or digital assistants. This includes prompts, queries, inputs, outputs, drafts, summaries, analyses, metadata, logs, and version histories, to the extent such information relates to city business or city governance. “Suspension” means a temporary restriction on the exercise of all city-related duties, authorities, and functions of a city council memberan elected or appointed official during the pendency of a review, investigation, proceeding, or external matter, imposed solely to the extent authorized by law. Suspension does not constitute removal from office and is intended as a protective, non-final governance status rather than a determination of misconduct or imposition of punishment.

Sec. 2-702. - Applicability.
(a) This article applies to members of the city councilelected and appointed officials with respect to misconduct occurring in an official capacity, in connection with city business, or that otherwise materially affects the integrity or safety of city governance or the lawful functioning of city operations, including misconduct involving or directed toward persons or entities participating in or affected by city governance or city operations.
(b) This article authorizes governance-based measures reasonably necessary to protect city governance, the lawful functioning of city operations, city personnel, and members of the public, and operates independently of, and in addition to, any consequences imposed by state or federal law.

Sec. 2-703. - Acknowledgment.

As a condition of assuming office and as an ongoing obligation during service, each city council memberEach elected and appointed official shall execute a written acknowledgement confirming receipt of, familiarity with, and agreement to comply with the provisions of this article, the city’s rules of decorum and city policies regarding city counciltheir conduct.

The acknowledgement required by this section is intended to ensure that city council memberselected and appointed officials are fully informed of the standards relating to misconduct, procedural obligations, preservation requirements, and the governancebased measures established by this article, and to document notice and acceptance of those obligations.
(a) Timing of acknowledgement. Each city council memberelected and appointed official shall execute the acknowledgement required by this section at the following times:
(1) Upon filing nomination papers or other documentation required to qualify as a candidate for City Council, to the extent permitted by law; Ordinance No. 2537

(2) As a condition of assuming office, contemporaneouslyContemporaneously with the execution of the oath of office required by law; and (3) Upon re-election, appointment, or commencement of a new term of office.

Execution of the acknowledgement is intended to provide notice of, and assent to, the obligations set forth in this Code and city policies relating to city governance, city operations, and governance-based measures. To the extent permitted by law, execution of the acknowledgement may be required as a condition of participation in city council meetings and other city governance activities.

Failure to execute the acknowledgement shall not invalidate an election or appointment, but may delay assumption of duties or participation in city council meetings and other city governance activities and may be considered in determining appropriate governance-based measures under this article, consistent with applicable law.
(b) Form of acknowledgement. The acknowledgement shall be in the form set forth in subsection (c) of this section and shall be executed without modification, except as approved by the city attorney for non-substantive formatting purposes. (c) Required acknowledgement language. The acknowledgement executed by each City Council memberelected or appointed official shall state, verbatim, as follows:
“By executing this acknowledgement, I confirm that I have been provided notice of the obligations set forth in Article XII of Chapter 2 of the West Covina Municipal Code, the City’s Rules of Decorum, and City policies regarding City Council conduct and acknowledge my responsibility to comply with those obligations during my service as a City Council memberan elected or appointed official, subject to applicable law.

I further acknowledge that I am executing this acknowledgement knowingly and voluntarily, without duress, coercion, or undue influence, and that I have had the opportunity to consult with legal counsel of my choosing regarding this acknowledgement and the obligations described herein.”
(d) Retention of acknowledgement. Executed acknowledgements shall be retained by the city clerk as a public record to the extent permitted by law. (e) Effect of failure to execute. Failure to execute the acknowledgement required by this section shall not invalidate the applicability of this article but may be considered in determining appropriate governance-based measures under division 4 of this article, to the extent permitted by law.
(f) No waiver of rights. Nothing in this section or in the acknowledgement required hereby shall be construed to waive any constitutional, statutory, or common-law Ordinance No. 2537

right, to create an employment relationship, or to expand the city’s authority beyond that provided by law.

Sec. 2-704. - Construction.

This article shall be construed and applied consistently with the California Constitution, applicable state and federal law, and the elective nature of public office. Nothing in this article shall be interpreted to expand municipal authority beyond that granted by law or to impair any right preserved by statute or constitution. (a) Preservation of individual and constitutional rights. Nothing in this article shall be construed to waive, limit, or require the waiver of any constitutional, statutory, or common-law right or privilege of a city council memberan elected or appointed official, including the right to seek judicial review of any action taken pursuant to this article or the right against self- incrimination.

The procedures established by this article are governance-based in nature and are intended to provide structured responses and minimum procedural protections.

They shall not be construed to create additional substantive rights, entitlements, causes of action, or adjudicatory proceedings.
(b) Elective natureNature of public office; no employment relationship. Members of the city council are electedElected and appointed officials and are not employees of the city for any purpose.

Nothing in this article shall be construed to create an employment relationship between the city and any city council memberelected or appointed official, to subject city council memberselected or appointed officials to personnel rules or employment discipline, or to alter the elective nature of city councilpublic office. (c) Relationship to other laws, remedies, and enforcement authorities. This article does not replace, supersede, duplicate, or limit any remedy, enforcement mechanism, or proceeding otherwise available under state or federal law, including criminal prosecution, civil enforcement, administrative proceedings, recall, quo warranto, forfeiture, vacancy provisions, or enforcement authority vested in courts, the Fair Political Practices Commission, or other regulatory bodies.

Governance-based measures authorized by this article are cumulative and may be imposed independently of, and concurrently with, other lawful actions. Alleged misconduct may be referred to external authorities as provided in this article, and the city council may rely on external findings or orders to the extent authorized by law.

Nothing in this article shall be construed to convert city council action into a criminal, civil, or quasi-judicial enforcement mechanism.

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(d) Legislative discretion and protected activity. Nothing in this article shall be construed to regulate or prohibit lawful political disagreement, criticism of policy positions, robust debate during city councilpublic meetings, lawful political speech, campaign activity conducted in a personal capacity, or other expression protected by the United States or California Constitutions.

Nothing in this article shall be construed to prohibit lawful legislative inquiry, oversight, policy advocacy, or participation in authorized city governance activities, provided such activities are conducted through appropriate channels and do not involve misuse of city authority, resources, or access, or interference with the lawful functioning of city operations.

The standards set forth in this article shall be applied narrowly and in a manner consistent with constitutional protections and the good-faith exercise of legislative judgment.
(e) Governance harm and construction standard. In applying this article, the city council may consider whether misconduct, viewed in context, creates a material adverse risk to the integrity, fairness, independence, or lawful functioning of city governance, even where such misconduct does not independently constitute a violation of criminal or civil law.

This article shall be interpreted and applied in a manner that favors its lawful application and effectuates its purpose of protecting city governance and the lawful functioning of city operations. Any ambiguity shall be resolved consistent with applicable law and the city council’s intent to act within the bounds of its authority. (f) Prospective application. This article shall apply prospectively to all city council memberselected and appointed officials serving on or after its effective date, including members in office at the time of adoption.

Nothing in this article shall be construed to impose governance-based measures, censure, limitations, escalation, or removal-seeking action based solely on misconduct fully completed prior to the effective date. However, nothing shall preclude consideration of misconduct occurring on or after the effective date, or reliance on investigative findings, advisory findings, external findings, or court orders issued on or after the effective date, even where such findings relate in whole or in part to earlier conduct, provided that any governance-based measure is imposed prospectively and is reasonably necessary to address present or ongoing material adverse risk to city governance or the lawful functioning of city operations.
(g) Relationship to rules of decorum. Nothing in this article limits the authority of the presiding officer to maintain order and decorum during city councilpublic meetings pursuant to sections 2-47 through 2-52 of this Code.

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As applied to city council memberselected and appointed officials, the standards of conduct, review, investigation, and governance-based measures set forth in this article govern alleged misconduct occurring inside or outside city councilpublic meetings and supplement, and, where applicable, supersede, decorum provisions addressing council memberelected and appointed officials’ conduct during public meetings. Rules of decorum applicable to members of the public remain fully in effect and are not modified by this article.
(h) Severability. If any provision of this article, or its application to any person or circumstance, is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions or applications of this article. The city council declares that it would have adopted this article and each provision thereof irrespective of the invalidity of any other provision.

DIVISION 2 – STANDARDS OF CONDUCT
Sec. 2-705. - General standards of conduct.

MembersElected and appointed officials of the city council shall conduct themselves in a manner that preserves lawful functioning and safety of city governance and city operations and that complies with applicable law and the obligations of public office.

For purposes of this division, misconduct may occur through direct action or through indirect action, including by acting through intermediaries, proxies, third parties, or other persons or entities, or by directing, encouraging, facilitating, or knowingly permitting another to engage or attempt to engage in conduct that the city council memberelected or appointed official could not lawfully undertake directly.

City council membersElected and appointed officials shall not engage or attempt to engage in misconduct relating to city business or city governance that interferes with the lawful functioning of city governance or city operations, undermines the integrity or independence of city governance, impedes the ability of persons or entities to lawfully participate in or carry out city functions, or otherwise creates a foreseeable material adverse risk of legal or operational harm to the city.
(a) Governance-focused obligations. The standards set forth in this division are intended to address misconduct that affects city governance or the lawful functioning of city operations. These standards do not regulate personal morality or private conduct unrelated to city business or city governance. (b) Scope of application. Misconduct subject to this division includes actions taken by a city council memberan elected or appointed official in an official capacity, under color of office, in connection with city business, or in circumstances where the use or misuse of city authority, resources, access, or influence materially affects city governance or the lawful functioning of city operations.

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(c) Relationship to review, investigation, and escalation. The standards set forth in this division provide the substantive basis for review, investigation, and governancebased measures under divisions 3 and 4 of this article. A determination that misconduct may fall within one or more provisions of this division does not constitute a finding of misconduct, but may warrant review, investigation, interim governance-based measures, or other action pursuant to those divisions.

Sec. 2-706. - Abuse of position or influence.

A city council memberAn elected or appointed official shall not engage or attempt to engage in the misuse of the authority, prestige, access, or influence of electedpublic office in a manner that exceeds lawful city council authority, interferes with or circumvents the lawful functioning of city governance or city operations, or is otherwise inconsistent with applicable law, adopted city policy, or the respective roles and responsibilities of city officials and staff.

For purposes of this section, abuse of position or influence includes misconduct that exploits or attempts to exploit the unique powers, visibility, or perceived authority of city councilpublic office to obtain improper advantage or to coerce, pressure, or improperly influence persons or entities in connection with city business or city governance. (a) Improper direction or pressure. A city council memberAn elected or appointed official shall not direct, attempt to direct, pressure, attempt to pressure, or coerce persons or entities to take or refrain from action outside theof lawful authority of the city council, or in a manner inconsistent with applicable law, adopted city policy, or the lawful functioning of city governance or city operations. (b) Preferential treatment and improper advantage. A city council memberAn elected or appointed official shall not use or attempt to use the title, status, access, or perceived authority of city councilpublic office to obtain or attempt to obtain preferential treatment, special access, or other improper advantage for themselves or for any other person or entity in connection with city business or city governance. (c) Interference with independent functions. A city council memberAn elected or appointed official shall not interfere or attempt to interfere with administrative, regulatory, enforcement, investigatory, or quasi-judicial matters in a manner inconsistent with applicable law or established city authority, including by attempting to influence outcomes outside authorized roles or channels. (d) Misrepresentation of authority. A city council memberAn elected or appointed official shall not represent, state, imply, or attempt to represent, state, or imply that a personal position, directive, or demand reflects an official decision, policy, or position of the city or city council when no such authorization exists.

Sec. 2-707. - Improper conduct towards participants.

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A city council memberAn elected or appointed official shall not engage or attempt to engage in misconduct relating to city business or city governance that is directed toward any person or entity, including another city council memberelected or appointed official, and that has the purpose or effect of obstructing, chilling, intimidating, coercing, or otherwise interfering with that person’s or entity’s lawful participation in city governance or the lawful functioning of city operations.
(a) Improper conduct toward participants. A city council memberAn elected or appointed official shall not engage or attempt to engage in threatening, intimidating, abusive, demeaning, hostile, or coercive conduct toward any person or entity in connection with that person’s or entity’s lawful participation in city governance or involvement with city operations.
(b) Adverse conduct in response to participation. A city council memberAn elected or appointed official shall not engage or attempt to engage in adverse conduct toward any person or entity because that person or entity raised concerns, made reports, provided information, participated in investigations or advisory proceedings, engaged in protected activity, or refused to take action that would be inconsistent with applicable law or adopted city policy.
(c) Misuse of office to target participants. A city council memberAn elected or appointed official shall not engage or attempt to engage in the misuse of the platform, authority, access, or visibility of city councilpublic office to single out, demean, threaten, pressure, or subject any person or entity, including another city council memberelected or appointed official, to adverse treatment in a manner that interferes with that person’s or entity’s lawful ability to participate in city governance or to carry out functions related to city operations.

Sec. 2-708. - Ethics, conflicts of interest, and self-dealing.

A city council memberAn elected or appointed official shall not engage or attempt to engage in misconduct relating to city business or city governance that involves conflicts of interest, self-dealing, or misuse of citypublic office for personal gain, and that undermines the integrity, fairness, or lawful functioning of city governance or city operations.
(a) Conflicts of Interest. A city council memberAn elected or appointed official shall not participate in, influence, or attempt to influence any city decision, action, or matter in which the memberofficial has a financial interest or other disqualifying interest under applicable law, or where participation would materially compromise the integrity or impartiality of city governance. Failure to disclose a conflict of interest, failure to recuse where required, or participation notwithstanding a known conflict may constitute misconduct under this section.
(b) Gifts, benefits, and improper advantages. A city council memberAn elected or appointed official shall not solicit, accept, receive, or attempt to solicit, accept, or Ordinance No. 2537

receive gifts, benefits, favors, services, or other things of value in connection with city business in a manner that violates applicable law or that involves personal gain in exchange for the exercise, attempted exercise, or misuse of city authority.

Misconduct under this subsection may occur regardless of whether a gift or benefit is ultimately received or exceeds statutory thresholds. (c) Self-dealing and preferential treatment. A city council memberAn elected or appointed official shall not use or attempt to use city office, authority, access, or influence to secure personal gain for themselves or to confer improper benefit on any person or entity in connection with city business or city governance. Selfdealing includes steering contracts, permits, approvals, or other city benefits; exerting pressure on representatives of city operations to favor particular outcomes; or intervening in city matters for private advantage. (d) Use of insider or nonpublic information. A city council memberAn elected or appointed official shall not use, disclose, or attempt to use or disclose nonpublic, confidential, or privileged information obtained through city councilpublic office for personal gain, private advantage, or to benefit any person or entity, or in a manner that undermines the lawful functioning of city governance or city operations. This subsection includes, but is not limited to, the unlawful disclosure of information received or discussed during closed session meetings of the city council or its committees, to the extent such disclosure is prohibited by law. (e) Circumvention of ethics safeguards. A city council memberAn elected or appointed official shall not engage or attempt to engage in actions intended to evade, circumvent, or nullify ethics, disclosure, or recusal requirements imposed by law or adopted by the city, including by acting through intermediaries, proxies, or other persons or entities.

Sec. 2-709. - Material misrepresentations and concealments.

A city council memberAn elected or appointed official shall not engage or attempt to engage in misconduct relating to city business or city governance that involves a knowing or intentional material misrepresentation or material concealment, and that undermines the integrity, transparency, or lawful functioning of city governance or city operations.

This section addresses governance harms arising from material false statements, material omissions, material concealment of information, or other conduct that materially interferes with the city’s ability to make informed decisions, carry out lawful review or investigation, or perform its governance functions, regardless of whether such conduct results in criminal, civil, or administrative enforcement action. (a) Material misrepresentation. A city council memberAn elected or appointed official shall not knowingly or intentionally make, cause to be made, or attempt to make a false or materially misleading statement, representation, or omission Ordinance No. 2537

in an official capacity, under color of office, or in connection with city business, where the statement, representation, or omission is material to city governance, city operations, or city decision-making. This subsection applies to communications made to persons or entities, including city staff, other city council memberselected or appointed officials, investigators, advisory factfinders, or members of the public, where such communications concern city business or city governance.
(b) Material concealment of information. A city council memberAn elected or appointed official shall not knowingly or intentionally conceal, withhold, delay, obscure, or attempt to conceal, withhold, delay, or obscure material information relevant to city business or city governance where disclosure is required by law, reasonably necessary for informed decision- making, or necessary to ensure the lawful functioning of city governance or city operations. (c) Material interference with truth-finding. A city council memberAn elected or appointed official shall not engage or attempt to engage in conduct intended to materially interfere with the city’s ability to ascertain the truth or to reach lawful, informed outcomes in connection with city business or city governance. Material interference with truth-finding includes, but is not limited to, providing materially incomplete, misleading, or deceptive information; directing, encouraging, or knowingly permitting others to provide materially false or misleading information; intentionally delaying proceedings, disclosures, cooperation, or responses where such delay is material to obstructing review, investigation, or decisionmaking; attempting to influence, disrupt, or affect the scope, timing, process, or outcome of administrative, investigatory, regulatory, enforcement, or advisory matters through misuse of authority, access, or influence; using authority or influence to pressure, discourage, or manipulate participants, witnesses, investigators, or advisory fact-finders; or attempting to influence the material content, scope, timing, or outcome of investigative, advisory, or review findings through misrepresentation, concealment, delay, or other obstructive conduct.

Sec. 2-710. - Misuse of city resources or information.

A city council memberAn elected or appointed official shall not engage or attempt to engage in misconduct relating to city business or city governance that involves the misuse of city resources, city property, or city information in a manner inconsistent with applicable law, adopted city policy, or the lawful functioning of city governance or city operations.
(a) Use of city resources. A city council memberAn elected or appointed official shall not use or attempt to use, or direct or attempt to direct the use of, city staff time, facilities, equipment, systems, funds, or other city resources for personal, political, campaign-related, or other non- city purposes, except where such use is expressly permitted by law or adopted city policy.

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(b) Improper direction of city operations. City governance is exercised collectively by the city council, while the city manager is responsible for the administration of city operations and the management of city departments, officers, employees, and agents. A city council memberAn elected or appointed official shall not direct, request, encourage, or attempt to direct, request, or encourage any person or entity involved in city operations, including city employees, contractors, or consultants, to perform tasks unrelated to city business, outside the scope of lawful city operations, or in furtherance of personal, political, or other improper interests.
(c) Use and disclosure of city information. A city council memberAn elected or appointed official shall not use, disclose, rely upon, or attempt to use, disclose, or rely upon nonpublic, confidential, or privileged city information obtained through city councilpublic office for purposes unrelated to city business or in a manner that undermines the integrity, fairness, or lawful functioning of city governance or city operations. This subsection includes, but is not limited to, the unlawful disclosure or use of information received, reviewed, or discussed during closed session meetings of the city council or its committees, to the extent such disclosure or use is prohibited by law.

Sec. 2-711. - Election-related misconduct.

A city council memberAn elected or appointed official shall not engage or attempt to engage in misconduct that involves the misuse of the powers, privileges, resources, access, or visibility of electedpublic office in connection with any election, ballot measure, or political campaign, and that undermines the integrity, neutrality, or lawful functioning of city governance or city operations.
(a) Misuse of office in connection with elections. A city council memberAn elected or appointed official shall not use or attempt to use city authority, city resources, city information, or the status of electedpublic office to support or oppose any candidate, ballot measure, or political campaign in a manner inconsistent with applicable law or adopted city policy.
(b) Use of office for electoral advantage. A city council memberAn elected or appointed official shall not use or attempt to use the fact of holding city councilpublic office, or the authority, access, or visibility associated with that office, during an election cycle or in connection with electoral activity, to condition access to city governance or city operations, or the receipt of city services or benefits, on political support, opposition, or activity. (c) Adverse conduct based on political activity. A city council memberAn elected or appointed official shall not engage or attempt to engage in adverse conduct toward any person or entity because that person or entity engaged in lawful political activity, including supporting or opposing a candidate or ballot measure, participating in a campaign, or declining to engage in political activity.

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(d) Campaign-related use of city information. A city council memberAn elected or appointed official shall not use, disclose, or attempt to use or disclose nonpublic, confidential, or privileged city information obtained through city councilpublic office for campaign-related purposes or to obtain political advantage. This subsection includes, but is not limited to, the unlawful disclosure or use of information received, reviewed, or discussed during closed session meetings of the city council or its committees, to the extent such disclosure or use is prohibited by law.
(e) Interference with impartial administration. A city council memberAn elected or appointed official shall not interfere or attempt to interfere with the impartial administration of city operations, including city services, programs, or regulatory functions, for the purpose of influencing electoral outcomes or conferring political advantage.

Sec. 2-712. - Public safety and threatening conduct.

A city council memberAn elected or appointed official shall not engage or attempt to engage in misconduct relating to city business or city governance that threatens, endangers, or reasonably places at risk the safety or security of persons or entities, including city officials, city employees, contractors, volunteers, other city council memberselected or appointed officials, or members of the public who are lawfully participating in city governance or involved with city operations.

This section addresses conduct that jeopardizes public safety, impairs the city’s ability to maintain safe and secure city operations, or interferes with the lawful functioning of city governance through intimidation, coercion, or threatened or actual violence. (a) Threatening or violent conduct. A city council memberAn elected or appointed official shall not engage or attempt to engage in conduct involving threats of violence, acts of violence, stalking, intimidation, coercion, or other behavior that would reasonably be perceived as threatening when directed at any person or entity in connection with city business, city governance, or city operations. (b) Credible threats and safety risks. A city council memberAn elected or appointed official shall not engage or attempt to engage in conduct that gives rise to a credible threat to the safety of any person or entity involved in city governance or city operations, including conduct that results in the issuance, consideration, or enforcement of a workplace violence restraining order, civil harassment restraining order, criminal protective order, or other court-ordered safety restriction.
(c) Use of authority to intimidate or coerce. A city council memberAn elected or appointed official shall not use or attempt to use the authority, access, or visibility of city councilpublic office to intimidate, pressure, or coerce any person or entity Ordinance No. 2537

in a manner that creates reasonable fear, deters lawful participation in city governance or city operations, or compromises personal safety. (d) Disruption of safe city operations. A city council memberAn elected or appointed official shall not engage or attempt to engage in conduct that interferes with the city’s ability to maintain safe workplaces, conduct meetings securely, or protect persons or entities participating in city governance or city operations, including conduct that necessitates extraordinary security measures or materially disrupts normal city operations.
(e) Relationship to external safety orders. Where misconduct described in this section results in, or is subject to, a court-issued protective order, restraining order, or other legally binding safety directive, the city council may rely on such order pursuant to section 2-726 of this article and may take immediate governance-based measures where reasonably necessary to ensure compliance and protect public safety and the lawful functioning of city governance or city operations.

Sec. 2-713. – Conduct undermining the lawful functioning of city governance or city operations.

A city council memberAn elected or appointed official shall not engage or attempt to engage in misconduct relating to city business or city governance that, when viewed in context, undermines the lawful functioning of city governance or city operations, and that is not otherwise expressly addressed in sections 2-706 through 2-712 of this article.

This section addresses novel, emergent, or circumvention-based misconduct that poses a material adverse risk to the lawful functioning of city governance or city operations but does not fall squarely within a specifically enumerated standard of conduct. This section shall be applied narrowly and only in a manner consistent with the purposes and limitations of this article.
(a) Residual application. This section applies only where the misconduct at issue is not expressly governed by another provision of division 2 of this article and where reliance on this section is reasonably necessary to protect the lawful functioning of city governance or city operations.
(b) Pattern-based or circumvention conduct. Misconduct undermining the lawful functioning of city governance or city operations may include repeated or patterned conduct that, taken as a whole, materially compromises the orderly and lawful functioning of city governance or city operations, or conduct intended to evade, circumvent, or nullify the application of this article or other lawful governance safeguards adopted by the city.
(c) Limitation on use. This section shall not be used as a substitute for establishing Ordinance No. 2537

violations of specific standards of conduct where such standards are applicable, nor shall it be applied in a manner that expands the scope of this article beyond its governance-focused purposes.

DIVISION 3 – REPORTING AND REVIEW
Sec. 2-714. - Overview.
(a) This division establishes the procedures by which the city may receive, review, and respond to information regarding alleged misconduct by a city council member.an elected or appointed official. The purpose of this division is to provide a structured, transparent, and lawful framework for evaluating information, developing facts where appropriate, and determining whether governance-based measures are reasonably necessary to protect the integrity, safety, and lawful functioning of city governance or city operations. (b) The provisions of this division are administrative and protective in nature. They are intended to ensure that concerns relating to misconduct described in division 2 of this article are addressed in an orderly, proportionate, and legally compliant manner. The receipt of information, initiation of review, authorization of early governance-based interventions, commencement of investigation, or consideration of action under this division does not constitute a finding of misconduct and does not require the imposition of any governance-based measure.
(c) This division is designed to operate progressively. Information may be screened, reviewed, addressed through early governance-based interventions, investigated, or escalated depending on the nature of the information received, the reliability and source of that information, the existence of external findings or court orders, and the degree of material adverse risk presented to city governance, city operations, or the safety of persons or entities. Not every report or item of information will warrant investigation or further action. (d) Action under this division is discretionary and shall be undertaken only where reasonably necessary to protect city governance, the lawful functioning of city operations, or the rights and safety of persons or entities involved in city matters.

Nothing in this division requires the city council to initiate review, authorize investigation, or impose governance-based measures in response to any particular report, allegation, or request for action.
(e) This division is intended to function in coordination with division 2 of this article, which defines standards of misconduct, and division 4 of this article, which governs escalation and governance-based measures. Nothing in this division shall be construed to limit the city’s obligation to comply with mandatory reporting, referral, or enforcement requirements imposed by state or federal law, nor to preclude reliance on external findings or court orders where authorized Ordinance No. 2537

under this article.
(f) Nothing in this division shall be construed to require the city council to initiate independent fact-finding in any particular matter, to limit the city council’s discretion under this division, to supersede proceedings conducted by courts or other tribunals, or to expand the city’s authority to impose discipline, suspension, or removal beyond that provided by law.

Sec. 2-715. - Preliminary administrative review by city manager or designee.

Information concerning alleged misconduct by a city council memberan elected or appointed official may be received from any source, including members of the public, city employees, other city council memberselected or appointed officials, court orders or findings, or other reliable information. Receipt of such information does not, by itself, constitute initiation of review or action under this division.

Except as provided in subsection (b), all such information shall be referred to the city manager or the city manager’s designee for preliminary administrative review. The purpose of the preliminary review is limited, non-adjudicative, and administrative in nature.
(a) Scope of preliminary review. The preliminary review shall be confined to threshold considerations only and shall not include factual findings, credibility determinations, or conclusions regarding whether misconduct occurred. In conducting the preliminary review, the city manager or designee may consider, among other relevant factors:
(1) Whether the information concerns conduct by a city council memberan elected or appointed official;
(2) Whether the alleged conduct, if true, could fall within one or more provisions of division 2 of this article;
(3) Whether the information is duplicative of matters previously reviewed or resolved under this article or other lawful processes, absent materially new information;
(4) Whether the information reasonably indicates a material adverse risk to the lawful functioning of city governance or city operations, or to the safety of persons or entities; and
(5) Whether the information concerns conduct that is sufficiently current or concrete to warrant consideration under this division, as opposed to conduct that is remote in time, speculative, or based solely on anticipated future actions.

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The city manager or designee is not required to make affirmative findings as to each factor and may refer the matter to the city council whenever, in the city manager’s administrative judgment, further consideration under this division may be warranted.
(b) Alternate preliminary reviewer. If the city manager is a complainant, a respondent, or otherwise directly involved in the matter under review, the preliminary administrative review shall be conducted by the human resources director or by a pre-designated neutral department head identified by resolution or administrative order of the city.

An alternate reviewer acting under this subsection shall have the same authority, limitations, and obligations as the city manager for purposes of this section. (c) Administrative closure and notice. If the preliminary administrative review determines that referral to the city council is not warranted, the matter may be closed at the administrative level.

In the event of administrative closure, the city manager, designee, or alternate reviewer shall provide written notice to the complainant stating that the information submitted has been reviewed and that it has been determined that no further action under this division is warranted at this time. The notice need not include factual findings, legal analysis, or any explanation beyond that statement, and the city manager, designee, or alternate reviewer shall not be required to provide any additional information regarding the basis for the determination.

Administrative closure does not preclude future review if materially new information is later received.
(d) Referral to city council. If the city manager, designee, or alternate reviewer determines that further consideration may be warranted, the matter shall be referred to the city council for consideration under section 2-716. Referral shall be neutral, non-adjudicative, and limited to summarizing the information received and the basis for referral. The referral shall not include recommendations regarding findings, outcomes, or governance-based measures.
(e) Limitations on individual briefings. The city manager, designee, or alternate reviewer shall not individually brief, consult with, or advise city council members regarding the merits of the matter outside a duly noticed meeting, except as expressly permitted by law.

Sec. 2-716. - Secondary administrative review by city council and threshold action.

Upon referral pursuant to section 2-715, the city council shall consider the matter in a Ordinance No. 2537

duly noticed meeting, in open or closed session as authorized by law. Authority under this section is exercised collectively by the city council by a majority vote of the city council members present and eligible to vote, unless otherwise expressly stated in this article.
(a) Recusal of affected council members. If the matter under consideration involves a city council member as a complainant, reporting party, or respondent, that city council member shall recuse themselves from participation, including discussion, deliberation, and voting, with respect to actions taken under this section and any subsequent sections of this division relating to the same matter, except as otherwise required by law.
(b) Nature of city council consideration. City council consideration under this section is threshold and administrative in nature. The city council shall not make factual findings, credibility determinations, or conclusions regarding whether misconduct occurred at this stage.
(c) Threshold actions available to city council. After consideration of the information referred under section 2-715, the city council may, by majority vote and consistent with applicable law:
(1) Decline to initiate further review or action under this division; (2) Request additional administrative clarification from the city manager, designee, or alternate reviewer, without authorizing investigation; (3) Authorize early, non-adversarial governance-based interventions, including facilitated governance discussions or mediation where appropriate and permitted by law;
(4) Direct issuance of a preservation notice pursuant to section 2-717; (5) Authorize an investigation pursuant to section 2-718; (6) Authorize interim governance-based measures where reasonably necessary to address a material adverse risk to the lawful functioning of city governance or city operations, or to protect the safety of persons or entities; or (7) Take any other action expressly authorized by this division and consistent with applicable law.
(a) Notice of city council determination. If the city council determines, by majority vote, that no further review or action under this division is warranted, the city shall provide written notice to the complainant stating that the city council has considered the matter and determined that no further action under this division is warranted at this time.

The notice shall not include factual findings, legal conclusions, or explanations Ordinance No. 2537

beyond that statement, and shall expressly state that the city council has made no finding regarding the merits of the information submitted. (d) Closed session reporting. Where city council consideration under this section occurs in closed session, any report out of closed session shall be limited to the extent required or permitted by law and may state only that the city council considered a matter pursuant to this division and took the action reflected in subsection (c), without identifying the subject of the matter or disclosing confidential information.
(e) No mandatory action. Nothing in this section requires the city council to authorize investigation, issue a preservation notice, or impose governancebased measures in response to any particular report, allegation, or request for action.

Sec. 2-717. - Preservation of documents, communications, and records.

Upon direction of the city council pursuant to section 2-716, the city shall issue a written preservation notice in connection with further review, investigation, or potential action under this division.
(a) Preservation obligation. The city council memberelected or appointed official who is the subject of the matter shall preserve all documents, communications, and records reasonably related to the matters identified in the preservation notice. Preservation is required regardless of whether the information is favorable or unfavorable to any person or entity.

The preservation obligation applies to information in the possession, custody, or control of the city council memberelected or appointed official that relates to city business or city governance, including information stored on personal devices, personal accounts, cloud-based services, third-party platforms, or artificial intelligence tools, to the extent such information relates to city matters.

Compliance with a preservation notice issued under this section is in addition to, and does not replace, any preservation, retention, or disclosure obligations imposed by adopted city policy or by applicable state or federal law, including public records, litigation hold, or records retention requirements. (b) Scope and conduct of preservation. During the preservation period, a city council memberan elected or appointed official shall not destroy, alter, delete, overwrite, conceal, or cause the destruction, alteration, or concealment of any document, communication, or record subject to preservation.

Preservation under this section does not require disclosure, production, inspection, or access to preserved materials, and does not authorize searches, seizures, compelled production, or access by the city beyond that otherwise permitted by Ordinance No. 2537

law.
(c) Duration of preservation. The preservation obligation shall remain in effect until the city council memberelected or appointed official receives written notice that review, investigation, and any related proceedings under this division have concluded and that preservation is no longer required.
(d) Additional preservation notices. Where reasonably necessary to protect the integrity of review or investigation, preservation notices may also be issued to other persons or entities subject to the city’s lawful authority, consistent with applicable law.
(e) Effect of noncompliance. Failure to comply with a preservation notice issued under this section may be considered in determining appropriate governancebased measures or escalation under division 4 of this article, consistent with applicable law.
(f) No waiver of rights. Nothing in this section shall be construed to waive or limit any constitutional, statutory, or common-law right or privilege, including privileges relating to attorney-client communications, work product, or privacy.

Sec. 2-718. - Investigation.

Where the city council authorizes an investigation pursuant to section 2-716, or where investigation is otherwise required by applicable state or federal law and is initiated by the appropriate city official consistent with such law, the city shall initiate an investigation for the purpose of developing an appropriate factual record.

An investigation under this section is administrative and fact-finding in nature. itIt is intended to inform the city council’s consideration of governance-based measures or escalation under this article and shall not constitute a criminal, civil, or adjudicatory proceeding.
(g) Authorization and purpose. An investigation may be initiated only upon authorization by the city council pursuant to section 2-716, or where investigation is required by applicable law. The purpose of an investigation is to gather information relevant to alleged misconduct and to assess whether governance- based measures or escalation under this article may be warranted. (h) Independence of investigator. Any investigation conducted pursuant to this section shall be performed by an independent investigator retained or administered by the city attorney, the city manager, the city manager’s designee, or outside counsel retained by the city.

The investigator shall not be a city employee, shall not be the city attorney, and shall not be subject to the direction or control of the city council memberelected Ordinance No. 2537

or appointed official who is the subject of the investigation. The investigator shall possess appropriate training and experience in conducting public-sector investigations and shall exercise independent professional judgment.

The fact that the city attorney, outside counsel, the city manager, or the city manager’s designee may retain, coordinate, or administer the engagement of the investigator, or provide legal guidance regarding scope, procedure, or compliance with applicable law, shall not, by itself, compromise the investigator’s independence, provided that such involvement does not direct factual findings, credibility determinations, or investigative conclusions.

Communications with the city attorney or outside counsel for purposes of legal advice or procedural guidance shall be protected to the extent permitted by law. (i) Scope and method of investigation. The scope of an investigation shall be reasonably tailored to the nature of the alleged misconduct, the information available, and the degree of material adverse risk identified. The city council retains discretion to define or refine the scope, duration, and subject matter of the investigation consistent with this article and applicable law. (j) Investigatory activities. An investigation may include review of documents, communications, and records; examination of publicly available information; and interviews of individuals who agree to participate.
(k) Participation by subject city council member. The city council memberelected or appointed official. The elected or appointed official who is the subject of the investigation shall be provided an opportunity to participate and to respond in good faith, including by providing information and participating in interviews, subject to applicable constitutional, statutory, and common-law rights and privileges.

Failure to cooperate in good faith may be considered in determining appropriate governance-based measures or escalation under division 4 of this article, consistent with applicable law.
(l) Participation by city employees and others. City employees shall participate in investigations to the extent required by applicable law and adopted city policy and subject to any rights or protections afforded by law.

Participation by individuals other than the subject city council member orelected or appointed official as well as city employees is voluntary. Nothing in this section authorizes the city to compel testimony, administer oaths, issue subpoenas, or impose penalties for non- participation, except as otherwise permitted by law.
(m)Notice of investigation. The city council memberelected or appointed official who Ordinance No. 2537

is the subject of the investigation shall be provided written notice that an investigation has been initiated, the general nature of the matters under review, and the identity or role of the investigator. The city council memberelected or appointed official may be represented by counsel at their own expense, subject to applicable rights and privileges.
(n) Investigative report; review and confidentiality. Upon completion of the investigation, the investigator shall prepare a written report summarizing factual findings within the authorized scope of the investigation. The report may include observations or considerations relevant to governance-based measures or escalation but shall not make determinations of criminal or civil liability.

Prior to disclosure or consideration by the city council, the report shall be reviewed for compliance with applicable confidentiality, privacy, and informationprotection laws. Information protected from disclosure by law shall be redacted or withheld as required.
(o) Conduct during pendency of investigation. To preserve the integrity and fairness of an investigation, members of the city councilthe City’s elected or appointed officials are encouraged to refrain from publicly characterizing the substance of the investigation, the credibility of witnesses, or the merits of the allegations while the investigation is pending, except as required or expressly permitted by law.

Nothing in this subsection shall be construed to prohibit acknowledgment of the existence of an investigation, explanation of procedural posture, compliance with legal obligations, or the exercise of rights protected by the United States or California Constitutions.

Sec. 2-719. - Independent fact-finding and advisory proceedings.

Independent fact-finding and advisory proceedings under this section are intended to provide the city council with a neutral, independent assessment of matters relating to alleged misconduct by a city council memberan elected or appointed official where additional perspective, credibility evaluation, or institutional separation from citydirected investigation would materially assist the city council in determining whether governance-based measures or escalation under this article may be warranted.

Proceedings under this section are advisory and administrative in nature. They are not investigations under section 2-718, are not adjudications, and do not constitute a finding of misconduct. Nothing in this section limits or replaces any investigation authorized elsewhere in this division.
(a) Circumstances warranting independent advisory proceedings. The city council may authorize an independent fact-finding or advisory proceeding where it determines that one or more of the following circumstances exist:

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(1) The matters under review involve material factual disputes, credibility issues, or competing accounts that would benefit from neutral evaluation; (2) The alleged misconduct presents a material adverse risk to the lawful functioning of city governance or city operations such that additional institutional separation is warranted;
(3) Escalation under division 4 of this article is reasonably contemplated and the city council seeks an advisory record distinct from city-directed investigation; or
(4) Other circumstances demonstrate that an independent advisory process would materially assist the city council’s deliberations. (b) Authorization and initiation. An independent fact-finding or advisory proceeding may be initiated only by action of the city council, taken by majority vote of members present and eligible to vote in a duly noticed meeting, in open or closed session as authorized by law. The authorizing action shall identify the general subject matter and advisory purpose of the proceeding.
(c) Independence and qualifications of fact-finder. Any advisory proceeding under this section shall be conducted by a neutral third party retained or administered by the city council, the city attorney, the city manager, the city manager’s designee, or outside counsel retained by the city, as authorized by the city council.

The fact-finder shall not be a city employee, shall not be the city attorney or any attorney employed by or regularly representing the city, and shall not be subject to the direction or control of the city council memberelected or appointed official who is the subject of the proceeding. The fact-finder shall exercise independent professional judgment and conduct the proceeding in a manner consistent with applicable law and professional standards.

The fact that city officials or counsel may retain, coordinate, administer, or provide legal or procedural guidance regarding scope, process, or compliance with law shall not, by itself, compromise independence, provided that the factfinder is not substantively directed as to factual findings, credibility assessments, or advisory conclusions.
(d) Scope and methods. The scope of an independent advisory proceeding shall be defined by the city council and reasonably tailored to the matters presented. The fact-finder may review investigative materials, receive documents or written submissions, conduct interviews, and assess credibility to the extent permitted by law and consistent with the advisory nature of the proceeding.

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Nothing in this section confers subpoena power, authority to compel testimony, or enforcement authority unless expressly granted by law. (e) Notice and participation. The city council memberelected or appointed official who is the subject of the advisory proceeding shall be provided written notice of its initiation and the general nature of the matters under review. The city council memberelected or appointed official may submit information voluntarily, may be interviewed by the fact-finder, and may be represented by counsel at the city council member’selected or appointed official’s own expense, subject to applicable rights and privileges.
(f) Advisory report. Upon completion of the proceeding, the fact-finder shall prepare a written advisory report summarizing factual findings and observations within the authorized scope. The report may include non-binding observations relevant to governance-based measures or escalation but shall not make determinations of criminal or civil liability and shall not, by itself, constitute a finding of misconduct.
(g) Confidentiality and redactions. Prior to disclosure or consideration by the city council, an advisory report shall be reviewed for compliance with applicable confidentiality, privacy, and information-protection laws. Information protected from disclosure by law shall be redacted or withheld as required. (h) Use of advisory report. The city council may consider an advisory report prepared under this section in determining whether to impose governancebased measures, initiate escalation under division 4 of this article, rely on external findings pursuant to section 2-720, or take other action authorized by this article. The city council retains sole discretion regarding whether and how to act upon any advisory findings or observations.

Sec. 2-720. - Reliance on external findings and orders.

This section governs the city council’s reliance on findings, orders, or determinations issued by courts or other authorized tribunals when evaluating alleged misconduct by a city council memberan elected or appointed official and determining whether governance-based measures or escalation under this article may be warranted.

Reliance under this section is intended to avoid duplicative proceedings, prevent relitigation of matters already resolved by competent authorities, and permit timely and lawful action to protect the lawful functioning of city governance or city operations, or the safety of persons or entities.
(a) External findings and orders covered. For purposes of this section, external findings and orders include final or operative findings, orders, judgments, or determinations issued by a court of competent jurisdiction or other authorized tribunal, including workplace violence restraining orders, civil harassment Ordinance No. 2537

restraining orders, criminal protective orders, probation conditions, injunctions, administrative findings, or other legally binding directives relating to conduct described in division 2 of this article.
(b) Authority to rely without re-adjudication. The city council may rely upon external findings and orders described in subsection (a) without independently reinvestigating or re-adjudicating the underlying facts. Reliance on an external finding or order under this section does not constitute a separate determination of misconduct by the city councilelected or appointed official beyond the scope of the external finding or order.
(c) Timing, effect, and scope of reliance. Reliance under this section may occur at any stage of review under this division. Where an external finding or order restricts conduct, contact, participation, or access, the city council may authorize governance-based measures reasonably necessary to ensure compliance with the external finding or order and to protect the lawful functioning of city governance or city operations, or the safety of persons or entities. (d) Relationship to investigation and advisory proceedings. Nothing in this section requires the city council to delay action pending completion of an investigation or advisory proceeding where an external finding or order is operative and immediate action is reasonably necessary. Conversely, the city council may consider investigative or advisory materials developed under this division when determining the appropriate scope or duration of governance-based measures imposed in reliance on an external finding or order.

Sec. 2-721. - Interim governance-based measures.

Interim governance-based measures under this section are temporary, protective actions intended to preserve the integrity, safety, and lawful functioning of city governance or city operations during the pendency of review, investigation, advisory proceedings, or reliance on external findings. Interim measures are not disciplinary actions and do not constitute findings of misconduct.
(a) Purpose and timing. The city council may authorize interim governance-based measures where information received or developed pursuant to this division reasonably indicates an immediate or ongoing material adverse risk to the lawful functioning of city governance or city operations, or to the rights or safety of persons or entities. Interim measures may be imposed before completion of investigation or advisory proceedings where reasonably necessary to address identified risks.
(b) Scope of interim measures. Interim governance-based measures shall be narrowly tailored to the circumstances presented and imposed only to the extent reasonably necessary to mitigate identified material adverse risks, while preserving the elective nature of public office. Interim measures may include, Ordinance No. 2537

but are not limited to, temporary limitations on participation in specified city council matters, agenda items, committees, boards, or liaison assignments; temporary restrictions on direct contact with specified persons or entities; and temporary adjustments to access to nonpublic information. (c) Quorum and continuity of governance. Interim governance-based measures shall be implemented, to the extent reasonably practicable and consistent with applicable law, in a manner that preserves the city council’scity’s ability to establish a quorum and to conduct the essential business of the city. Nothing in this subsection shall be construed to require the city council to disregard or modify a court order, restraining order, or other legally binding directive issued by a court of competent jurisdiction.
(d) Duration and review. Interim governance-based measures shall be imposed for the minimum duration reasonably necessary under the circumstances and shall be subject to periodic review by the city council. Interim measures may be modified or lifted as circumstances change or as additional information becomes available.
(e) Relationship to other actions. The imposition of interim governance-based measures does not preclude completion of investigation or advisory proceedings under this division, reliance on external findings pursuant to section 2-720 of this article, or escalation under division 4 of this article where warranted.
(f) Contingent suspension pending external adjudication. As a temporary and protective measure, suspension of a city council memberelected or appointed official pending resolution of criminal proceedings or other external adjudication may be considered only if and to the extent authorized by law, and only where the city council determines that continued exercise of official duties presents an immediate and substantial risk to the lawful functioning of city governance or to public safety.

At present, the city lacks authority to suspend elected officials pending external adjudication. This subsection is included solely to articulate a governance framework that would apply if and when such authority is granted to municipalities by the State of California through enabling legislation or constitutional amendment. Absent such authority, no suspension pending adjudication may be imposed under this article.
(g) Effect of suspension pending adjudication if authorized. If suspension pending adjudication is authorized by law and imposed pursuant to this section, such suspension shall be temporary, shall not constitute removal from office, and shall remain in effect only for the duration and under the conditions permitted by law.

The city council shall ensure continuity of city governance consistent with Ordinance No. 2537

applicable law during any period of suspension.
(g)(h) Limitations on scope. Nothing in this section shall be construed to authorize the adoption of permanent or generally applicable governance rules, policies, or restrictions applicable to all city council memberselected or appointed officials, which shall be adopted, if at all, through separate legislative or policy action of the city council.

Sec. 2-722. - Indemnification and reimbursement of costs.

The provision of legal defense, indemnification, or reimbursement of costs to a city council memberan elected or appointed official in connection with any matter arising under this article shall be governed exclusively by applicable state law. Nothing in this article shall be construed to expand, create, or guarantee a right to defense, indemnification, or reimbursement of costs at public expense beyond that provided by law.
(a) No automatic right to defense or indemnification. Nothing in this article authorizes or requires the city to provide legal representation, advance defense costs, indemnify, or reimburse a city council memberan elected or appointed official for attorneys’ fees, costs, or expenses incurred in connection with alleged misconduct. Any such determination shall be made solely pursuant to applicable statutory standards and procedures.
(b) Scope of lawful indemnification. To the extent permitted by law, the city may provide defense or indemnification only for acts or omissions occurring within the course and scope of lawful city councilofficial duties and undertaken in good faith in furtherance of city governance. The city shall not indemnify or reimburse costs arising from acts or omissions determined to be outside the scope of official duties, undertaken for personal benefit, or otherwise excluded from indemnification under applicable law.
(c) Independent determination required. Any decision to provide, deny, condition, or withdraw defense or indemnification shall require an independent determination made in accordance with applicable law. Nothing in this article shall be construed to predetermine, influence, or constrain that determination, or to require the city to provide representation or reimbursement pending resolution of factual or legal issues.
(d) No authorization of private counsel for personal misconduct. Nothing in this article shall be construed to authorize the city to fund or reimburse private legal counsel retained by a city council memberan elected or appointed official for matters involving alleged personal misconduct, violations of law, or acts outside the scope of official duties, except to the extent expressly permitted by statute and approved pursuant to applicable legal standards.

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(e) Reliance on external findings. In determining whether defense, indemnification, or reimbursement is permitted or required, the city may consider final judicial, administrative, or arbitral findings, including findings described in section 2-720 of this article, establishing whether the conduct at issue occurred within the scope of official duties or involved conduct for which indemnification is not authorized.
(f) Recovery of costs where indemnification is not authorized. Where permitted by law, and following a final determination that a city council memberan elected or appointed official acted outside the scope of lawful city council duties or engaged in conduct for which defense, indemnification, or reimbursement is not authorized, the city shall seek recovery of any defense costs or indemnification amounts previously advanced. Recovery may include reimbursement, offset against amounts otherwise payable by the city, or other lawful means of recoupment authorized by statute. Nothing in this subsection shall be construed to authorize recovery in excess of that permitted by law or to impose personal liability beyond that allowed by applicable legal standards.

Sec. 2-723. - Safeguards against misuse of process.

The reporting, review, investigation, and governance-based measures established by this division are intended to protect the integrity, safety, and lawful functioning of city governance or city operations. These processes shall not be invoked or used for improper purposes or in a manner that undermines city governance, city operations, or the rights of persons or entities.

This section preserves the availability of good-faith reporting and compliance with investigations required by law, while preventing abuse, intimidation, coercion, or political manipulation of the processes established by this article. (a) Prohibited misuse of process. The city council may take appropriate action to limit, dismiss, or decline to pursue reports, requests for action, or other invocations of process under this division where it is determined, based on the information available, that such invocation:
(1) Was knowingly false or made with reckless disregard for the truth; (2) Repeats allegations that have previously been reviewed or resolved under this article or through other lawful processes, absent materially new information;
(3) Is itself inconsistent with division 2 of this article; or (4) Otherwise constitutes an abuse of the processes established by this article that poses a material adverse risk to the lawful functioning of city governance or city operations.

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Considerations in determining misuse. In determining whether misuse of process has occurred, the city council may consider the timing, frequency, substance, and context of the invocation, including whether it coincides with city council actions, votes, elections, or other governance activities, and whether the invocation reflects a pattern of conduct inconsistent with good-faith reporting.
(b) No limitation on mandatory investigations. Nothing in this section shall be construed to limit or excuse the city’s obligation to initiate or complete investigations required by state or federal law.
(c) Protection of good-faith reporting. Nothing in this section shall be construed to discourage or penalize good-faith reporting, to require that a report be substantiated in order to be made, or to impose adverse consequences solely because a report is not sustained following review or investigation. (d) Responses to misuse. Where misuse of process is determined, the city council may authorize governance-based measures consistent with this article, including limiting further review of duplicative or improper allegations, declining to pursue improper requests for action, or taking other measures reasonably necessary to protect city governance, city operations, and the integrity of the process.

DIVISION 4 – GOVERNANCE-BASED MEASURES AND ESCALATION
Sec. 2-724. - Overview.

This division establishes the framework by which the city council may authorize governance-based measures and escalation based on information developed pursuant to division 3 of this article. Governance-based measures under this division are intended to protect the integrity, safety, and lawful functioning of city governance or city operations and are not employment actions, criminal sanctions, or determinations of civil liability.

Except as otherwise expressly provided in this article, any action taken under this division shall be approved by a vote of the city council members present and eligible to vote, excluding any city council member who is required to recuse themselves under this article or applicable law.
(a) Progressive escalation framework. Governance-based measures are progressive by default. Where appropriate, the city council shall consider corrective or remedial measures before authorizing more restrictive responses and shall escalate based on the nature, severity, frequency, and context of the misconduct; the record developed under division 3 of this article; the existence of external findings or court orders; the degree of material adverse risk presented to the lawful functioning of city governance or city operations, or to the safety of persons or entities; and the effectiveness or ineffectiveness of prior governance-based measures.

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