West Covina City Council
March 3, 2026

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY
MARCH 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 MARCH 3, 2026, 7:00 PM
REGULAR MEETING

INVOCATION
Led by Pastor Samuel Martinez from Amazing Love Ministries

PLEDGE OF ALLEGIANCE
Led by Students Participating in Student Government Day

ROLL CALL

REPORTING OUT FROM CLOSED SESSION

PRESENTATIONS
Certificates of Recognition — Student Government Day
Taste of West Covina Presentation Recognizing Sun Day Carwash Taste of West Covina Presentation Recognizing Dough Dudes Pizza

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 FEBRUARY 17, 2026, CITY

COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES, THE FEBRUARY 17, 2026, AND THE DECEMBER 2, 2025 CITY COUNCIL/SUCCESSOR

AGENCY REGULAR SESSION MEETING MINUTES CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES.

That the Council approve the February 17, 2026, City Council/Successor Agency Regular Session Meeting Minutes, the February 17, 2026, City Council/Successor Agency Closed Session Meeting Minutes and the December 2, 2025, City Council/Successor Agency Regular Session Meeting Minutes.

ORDINANCES FOR ADOPTION - Procedural Waiver. Waive full reading of each ordinance on the agenda and authorize the approval of each ordinance by title only. 2) 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"

FIRE DEPARTMENT
3) CONSIDERATION OF PURCHASE OF A FIRE UTILITY TERRAIN VEHICLE (UTV) AND

ASSOCIATED BUDGET AMENDMENT
It is recommended that the City Council take the following actions:

Find that compliance with the City's bidding requirements and procedures is not in the best interest of the City for the procurement of a Utility Terrain Vehicle (UTV) configured for emergency response, patient transport and mutual aid deployment requirements in accordance with Section 2-335(10) of the West Covina Munincipal Code.

1. Authorize the purchase of one (1) 2026 Prowler Crew Cab 4x4 Utility Terrain Vehicle (UTV) configured for emergency response, patient transport, and mutual aid deployment requirements with emergency lights and siren upfitting from Ultimate Performance Corporation dba ATV Corp. in the amount of $60,894.71 (including sales tax, delivery, and options) and authorize the Acting City Manager to execute the purchase order for such purchase.

2. Authorize the purchase and installation of Fire Department logo and numbering decals from Graphix Systems in the amount of $587.52 and authorize the Acting City Manager to execute the purchase order for such purchase.

3. Approve a 5% contingency, totaling $3,074.11, for miscellaneous equipment associated with the UTV purchase.

4. 5. Adopt the following resolution:

RESOLUTION NO. 2026-18 - 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 (FIRE UTILITY TERRAIN VEHICLE)

PUBLIC WORKS
4) REVIEW OF THE REQUEST FOR PROPOSALS (RFP) FOR JANITORIAL SERVICES FOR

CITY FACILITIES
Public Works staff recommends that the City Council authorize the Public Works Department to issue a formal Request for Proposals (RFP) to obtain competitive proposals for janitorial services for City facilities.

END OF CONSENT CALENDAR

DEPARTMENTAL REGULAR MATTERS

CITY MANAGER'S OFFICE
5) REVIEW OF INVESTIGATION REPORT PREPARED BY GEMELLI EMPLOYMENT LAW REGARDING CONCERNS RAISED BY COUNCILMEMBERS AT SEPTEMBER 16, 2025

COUNCIL MEETING
It is recommended that the City Council:

Receive and file the Confidential Investigation Report prepared by Gemelli Employment Law dated February 26, 2026;

1. Direct staff and/or outside counsel to prepare and present recommendations addressing governance structure, lines of authority, and appropriate administrative protocols within the council-manager form of government for consideration at a future duly noticed City Council meeting; and

2. If the City Council wishes to consider any formal action in response to the Investigation Report, direct staff to agendize such action for consideration at a future duly noticed City Council meeting.

3. 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 March 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: March 3, 2026
TO: Mayor and City Council
FROM:

SUBJECT: CONSIDERATION OF APPROVAL OF THE FEBRUARY 17, 2026, CITY

COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES, THE FEBRUARY 17, 2026, AND THE DECEMBER 2, 2025 CITY COUNCIL/SUCCESSOR

AGENCY REGULAR SESSION MEETING MINUTES CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES.

RECOMMENDATION:

That the Council approve the February 17, 2026, City Council/Successor Agency Regular Session Meeting Minutes, the February 17, 2026, City Council/Successor Agency Closed Session Meeting Minutes and the December 2, 2025, City Council/Successor Agency Regular Session Meeting Minutes.

DISCUSSION:

That the City Council adopt the attached minutes.

Prepared by: Lisa Sherrick, Assistant City Clerk
Attachments
Attachment No. 1 - 2/27/2026 Closed Session Minutes Draft Attachment No. 2 - 2/17/2026 Regular Session Minutes Draft Attachment No. 3 - 12/2/2025 Regular Session Minutes Draft CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness ATTACHMENT NO. 1
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
FEBRUARY 17, 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, February 17, 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
ATTACHMENT NO. 1
City Staff: Milan Mrakich, Acting City Manager, Roxanne Lerma, Assistant City Manager, Nilesh Mehta, Assistant City Manager. Thomas Duarte, City Attorney, Thomas O’Connell. Buchalter
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
None
CLOSED SESSION

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
REPORTING OUT
The City Council met in closed session to consider litigation against Councilmember Gutierrez in Los Angeles Superior Court related to a California Public Records request and Councilmember Gutierrez’s obligation to preserve and protect city documents.

Councilwoman Diaz moved and Mayor Pro Tem Cantos seconded a motion. The motion carried 4-0 to file suit with Councilmember Gutierrez recusing himself.

ADJOURNMENT

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION — Initiation of litigation pursuant to Government Code § 54956.9(d)(2) Number of Cases:  One (1)

2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION — Significant exposure to litigation pursuant to Government Code § 54956.9(d)(4) Number of Cases: One (1)
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
FEBRUARY 17, 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

MINTUES
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY

INVOCATION
Led by Pastor Al Richardson from New Beginning Christian Fellowship of West Covina PLEDGE OF ALLEGIANCE
Led by Danica Valdovinos, Student at San Jose Charter Academy ROLL CALL
Council Members
ATTACHMENT NO.  2

Present: Council Members, Rosario Diaz, Gutierrez, Wu, Mayor Pro Tem Ollie Cantos, Mayor Letty Lopez-Viado
REPORTING OUT FROM CLOSED SESSION
The City Council met in closed session to consider litigation against Councilmember Gutierrez in Los Angeles Superior Court related to a California Public Records request and Councilmember Gutierrez’s obligation to preserve and protect city documents.

Councilwoman Diaz moved and Mayor Pro Tem Cantos seconded a motion. The motion carried 4-0 to file suit with Councilmember Gutierrez recusing himself.

PRESENTATIONS
 Certificate and Street Sign Celebrating the Retirement of Lt. Mike Weathermon  Presentation by UEI
 Certificate of Recognition for Student Leading the Pledge of Allegiance  Taste of West Covina Presentation Recognizing Sushiholics  Taste of West Covina Presentation Recognizing Fresco Pizza Plus CITY MANAGER'S REPORT
City Manager's report on current City projects.

ORAL COMMUNICATIONS - Three (3) minutes per speaker
Tom Kiesche
Jerri Potras
Kimberly Duke
Mario Sobalvarro
John Shewmaker
Glenn Kennedy
Josh Murry
Douglas Fore
Sherrie Berrillon
Dennis Phillips
Eric P
Ginny Phillips
JD
CONSENT CALENDAR
ACTION: Motion by Councilwoman Diaz and Second by Councilman Wu, 5-0 to:

Approve Consent Calendar Items 2-4. (Item No. 1 was pulled by Councilmember Gutierrez.)
ACTION: Motion by Councilman Wu and Mayor Pro Tem Cantos, 4-1(No:

Gutierrez) to: Approve Consent Calendar Item No. 1. (Item No. 1 was pulled by Councilmember Gutierrez)
ATTACHMENT NO.  2
APPROVAL OF MEETING MINUTES
1) CONSIDERATION OF APPROVAL OF THE FEBRUARY 3, 2026, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES, THE FEBRUARY 3, 2026,  AND THE DECEMBER 16, 2025 CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES.

Carried 4-1 (No: Gutierrez) to: approve February 3, 2026, City Council/Successor Agency Regular Session Meeting Minutes, February 3, 2026, City Council/Successor Agency Closed Session Meeting Minutes and December 16, 2025, City Council/Successor Agency Regular Session Meeting Minutes.

CITY MANAGER'S OFFICE
2) CONSIDERATION OF CANCELLATION OF AUGUST 4, 2026 AND NOVEMBER 3, 2026 COUNCIL MEETINGS
Carried 5-0 to: It is recommended that the City Council cancel the following City Council Meetings:
 August 4, 2026 (National Night Out)
 November 3, 2026 (Election Night)
COMMUNITY DEVELOPMENT
3) CONSIDERATION OF APPROVAL OF 2025 ENGINEERING AND TRAFFIC SURVEY OF 69 LOCATIONS AND ORDINANCE AMENDING SECTION 22-131 OF DIVISION 4 OF ARTICLE IV OF CHAPTER 22 OF THE WEST COVINA MUNICIPAL CODE
Carried 5-0 to: It is recommended that the City Council:

1. Adopt the following resolution:

RESOLUTION NO. 2026-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE CITY OF WEST COVINA’S 2025 ENGINEERING AND TRAFFIC SURVEY OF 69 LOCATIONS

2. Introduce the following ordinance:

ORDINANCE NO. 2538 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-131 OF DIVISION 4 OF ARTICLE IV OF CHAPTER 22 OF THE WEST COVINA MUNICIPAL CODE TO REVISE SPEED LIMITS AT 69 LOCATIONS BASED UPON THE 2025 ENGINEERING AND TRAFFIC SURVEY
COMMUNITY DEVELOPMENT
ATTACHMENT NO.  2
4) CONSIDERATION OF APPROVAL OF THE CITY ENGINEER'S CERTIFICATION OF THE EXTENSION OF THE 2017 ENGINEERING AND TRAFFIC SURVEY TO 14 YEARS, THROUGH OCTOBER 2031
Carried 5-0 to: It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2026-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE CITY ENGINEER'S CERTIFICATION OF THE EXTENSION OF THE CITY OF WEST COVINA'S 2017 ENGINEERING AND TRAFFIC SURVEY FOR 126 STREET SEGMENTS TO 14 YEARS
CITY COUNCIL REQUESTS FOR REPORTS
5) UPDATE ON ESTABLISHING A VETERANS ADVISORY COMMITTEE ACTION: Motion by Councilwoman Diaz and a Second by Councilmember Gutierrez, 5-0 to: post a description of the committee, ask for applications from interested parties and work with the City Attorney’s office to put forth a resolution for approval.
6) PROMOTIONAL PLAN FOR CITY-WIDE SPECIAL EVENTS
ACTION: Motion by Mayor Lopez-Viado and a Second by Mayor Pro Tem Cantos, 4-0 (No: Gutierrez) to: move forward with staff’s recommendation. 7) DIRECTION FOR SPAYING, NEUTERING, AND/OR MICROCHIPPING OF PETS ACTION: Motion by Mayor Pro Tem Cantos and a Second by Mayor Lopez-Viado, 5-0 to: come back to Council with an ordinance to spay, neuter and microchipping pets including information on what other cities are doing, low cost veterinarian services, licensing education, and a mechanism to hold residents responsible for abandoned pets..

MAYOR/COUNCILMEMBERS REPORTS - AB 1234 Conference and Meeting Report None
-THIS SECTION INTENTIONALY LEFT BLANKCITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION ATTACHMENT NO.  2
 Mayor Pro Tem Cantos asked staff to look into the extent that members are not attending the Community and Senior Services Commission, perhaps a change needs to be made. A second by Gutierrez, no objection.
 Mayor Pro Tem Cantos asked for a Citywide walkability survey, specifically looking into areas where there are no pedestrian paths of travel.  Mayor agreed to this for major streets, Councilmember Gutierrez mentioned that the survey would be helpful when residents have inquiries about a lack of sidewalks.

Councilwoman Diaz and Councilman Wu mentioned the fiscal cost of constructing sidewalks. Direction was given to also see if CDBG funding and Loan Preservation Funds could be used for sidewalks. There was no objection.  Mayor Pro Tem stated the residents are upset and angry over the condition of shopping centers and the medians in the City. Can staff go around and state what they see and what needs fixing with regards to beautification. No objection.  Councilmember Gutierrez asked that when the cost analysis comes back to Council regarding Fire Station 1, that Council is informed/included there are 7 designs that were not made public or provided to the Council as a whole. No objection.
 Councilmember Gutierrez asked to consider and RFP to be conducted by Human Resources for legal services proposed by the City Attorney position for the City of West Covina based upon overcharges for the last 5 years, an additional request to hire an attorney audit firm regarding the bills since there is little description of detail. There was a motion by Councilmember Gutierrez second by Mayor Pro Tem Cantos to provide a cost analysis to the Council with regards to the Cost Analysis. Request passed with Councilman Wu and Councilwoman Diaz voting No.

CITY COUNCIL COMMENTS
 The Council wished everyone a Happy Lunar New Year

ADJOURNMENT
A motion to adjourn the Regular Meeting was made, and the meeting was adjourned at 9:47 p.m. The next regularly scheduled Regular Closed City Council Meeting will be held on Tuesday, March 3, 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
ATTACHMENT NO.  2
ATTACHMENT NO. 3
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
DECEMBER 2, 2025, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Tony Wu
Mayor Pro Tem Letty Lopez-Viado
Councilman Ollie Cantos
Councilwoman Rosario Diaz
Councilmember Brian Gutierrez

MINUTES
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY

INVOCATION
Led by Pastor Kelly Dupee
PLEDGE OF ALLEGIANCE
Led by Mayor Lopez-Viado
ROLL CALL
Council Members

Present: Council Members, Rosario Diaz, Gutierrez, Ollie Cantos, Mayor Pro Tem Lopez-Viado, Mayor Wu
ATTACHMENT NO. 3
REPORTING OUT FROM CLOSED SESSION
None
PRESENTATIONS:
 Certificate Recognizing Gayle Mason for Civic Service  Certificate Recognizing Honoring Sandra Taylor for Civic Service  Certificate Recognizing Corless Roanoke for Civic Service CITY MANAGER'S REPORT
City Manager's report on current City projects.

ORAL COMMUNICATIONS - Three (3) minutes per speaker
Sage Newman
Josh Murry
John Shewmaker
Brian Calderon Tabatabai
Nikki Rodriguez Ahern
Glenn Kenndey
Doug Fore
Mario Sobalvarro
CONSENT CALENDAR
ACTION: Motion by Councilman Cantos and Second by Councilmember Gutierrez, 5-0 to: Approve Consent Calendar Items 2 and 3. (Item No. 1, was pulled by Councilmember Gutierrez).

ACTION: Motion by Councilmember Gutierrez Wu and Second by Councilman Cantos 5-0 to: Approve Consent Calendar Item No. 1. (Item No. 1 was pulled by Councilmember Gutierrez)
CITY MANAGER'S OFFICE
1) CONSIDERATION OF FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS FOR A PORTION OF DEVELOPMENT SITE (APN 8474-007-940) IN THE CITY OF WEST COVINA Carried 5-0 to: execute the First Amendment to the Purchase and Sale Agreement & Joint Escrow Instructions with Real SAET West Covina, LLC (Project Passion Restaurant Group) for the sale of City-owned property located at the northeast corner of the West Covina Mall on E. Garvey Avenue South.

FINANCE DEPARTMENT
2) CONSIDERATION OF THE REMOVAL OF THE LEAD JAILER CLASSIFICATION AND THE ESTABLISHMENT OF THE POLICE JAIL SUPERVISOR
CLASSIFICATION AND APPROVAL OF THE CLASS SPECIFICATIONS AND ATTACHMENT NO. 3
SALARY RANGE FOR SUCH CLASSIFICATION
Carried 5-0 to: approve the removal of the Lead Jailer classification and the establishment of the Police Jail Supervisor classification by adopting the following resolution:

RESOLUTION NO. 2025-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE REMOVAL OF THE LEAD JAILER CLASSIFICATION AND THE ESTABLISHMENT OF THE POLICE JAIL SUPERVISOR CLASSIFICATION AND APPROVING THE CLASS SPECIFICATIONS AND SALARY RANGE FOR SUCH CLASSIFICATION
3) CONSIDERATION OF ESTABLISHMENT OF THE EXECUTIVE ASSISTANT CLASSIFICATION AND APPROVAL OF THE CLASS SPECIFICATION AND SALARY RANGE FOR THE EXECUTIVE ASSISTANT CLASSIFICATION Carried 5-0 to: recommend that the City Council approve the establishment of the Executive Assistant classification by adopting the following resolution:

RESOLUTION NO. 2025-96 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ESTABLISHMENT OF THE EXECUTIVE ASSISTANT CLASSIFICATION AND APPROVING THE CLASS SPECIFICATIONS AND SALARY RANGE FOR SUCH CLASSIFICATION END OF CONSENT CALENDAR
DEPARTMENTAL REGULAR MATTERS
4) REORGANIZATION OF MAYOR AND MAYOR PRO TEM
Mayor Wu nominated Mayor Pro Tem Lopez-Viado for Mayor in accordance with the order of mayoral succession outlined by Section 2-21 of the West Covina Municipal Code, there was no objection.

MAYOR/COUNCILMEMBERS REPORTS
None

CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION  Councilman Wu asked staff to look into abuse of the ADA, second by Mayor Lopez-Viado. No objection
 Councilman Wu asked for proof of Councilmember Gutierrez’s autism, second by Mayor Lopez Viado. No objection.
 Mayor Lopez-Viado request that all future agendas have the City Manager’s Report prior to Oral Communication, second by Councilman Wu. No objection.

ATTACHMENT NO. 3
CITY COUNCIL COMMENTS
None

ADJOURNMENT
A motion to adjourn the Regular Meeting was made by Mayor Letty Lopez-Viado, and the meeting was adjourned at 8:40 p.m. The next regularly scheduled Regular Closed City Council Meeting will be held on Tuesday, December 16, 2025, 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: March 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 20, 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 20, 2026, the City Council unanimously (5–0) introduced Ordinance No. 2537 for first reading.

On February 3, 2026, Ordinance No. 2537 was placed on the City Council agenda for a second reading and adoption. At that meeting, the City Council voted 5–0 to direct staff to amend the ordinance to include additional amendments.

DISCUSSION:

At the City Council meeting of February 3, 2026, Ordinance No. 2537 was presented to the Council for At the City Council meeting of February 3, 2026, Ordinance No. 2537 was presented to the Council for second reading and adoption. During that meeting, the City Council provided direction for additional amendments. These revisions are reflected in the redlined version of Ordinance No. 2537 (Attachment No. 2).

Accordingly, staff recommends that the City Council conduct the second reading incorporating the directed amendments and adopt Ordinance No. 2537. The ordinance will take effect on the 31st day following adoption, or on or about April 3, 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.

ENVIRONMENTAL REVIEW:

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.

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.

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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.

In close or ambiguous cases, application shall favor protection of constitutional expression and the electoral process over governance-based restrictions. (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 Ordinance No. 2537

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.

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 objectively and materially 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, objectively and materially interferes with or circumvents the lawful Ordinance No. 2537

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 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 objectively and materially 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, discriminatory, 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.

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(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, 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, 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 objectively and materially 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 Ordinance No. 2537

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 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 that objectively and materially 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 objectively and 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 Ordinance No. 2537

connection with city business or city governance. Material interference with truthfinding 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 decision-making; 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 factfinders; 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 objectively and materially interferes with 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 objectively and materially 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 the public who are lawfully participating in city governance or involved with city operations.

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This section addresses conduct that jeopardizes public safety, impairs the city’s ability to maintain safe and secure city operations, or objectively and materially 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 governancebased 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, objectively and materially 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.

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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.
(c) This division is designed to operate progressively. Information may be screened, reviewed, addressed through early governance-based interventions, investigated, Ordinance No. 2537

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 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; Ordinance No. 2537

(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 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 Ordinance No. 2537

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, 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; Ordinance No. 2537

(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 governance-based 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 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.

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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 governance-based 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. 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.

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(a) 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 governancebased measures or escalation under this article may be warranted. (b) 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. (c) 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. (d) 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.
(e) 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.

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(f) 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 nonparticipation, except as otherwise permitted by law. (g) 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. (h) 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 information-protection laws. Information protected from disclosure by law shall be redacted or withheld as required.
(i) 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 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.

Ordinance No. 2537

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 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 fact-finder is not Ordinance No. 2537

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 governance-based 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 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 Ordinance No. 2537

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.

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 Ordinance No. 2537

investigation or advisory proceedings where reasonably necessary to address identified risks.
(b) Scope of interim measures. Interim governance-based measures shall be the least restrictive means available, 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 no more than every sixty (60) calendar days. 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 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 Ordinance No. 2537

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 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 Ordinance No. 2537

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 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 Ordinance No. 2537

operations.
(b) 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. (c) 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.
(d) 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. (e) 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.

Ordinance No. 2537

(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 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.

Ordinance No. 2537

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.
(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.

Ordinance No. 2537

(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 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 Ordinance No. 2537

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. (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.

Ordinance No. 2537

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 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 Ordinance No. 2537

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 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 Ordinance No. 2537

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, 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 Ordinance No. 2537

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.
(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.

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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 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.

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(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.

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

Letty Lopez-Viado
Mayor
Ordinance No. 2537

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick, CMC
City Attorney Assistant City Clerk
I, LISA SHERRICK, CMC, 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 March, 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

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.

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(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.

In close or ambiguous cases, application shall favor protection of constitutional expression and the electoral process over governance-based restrictions. (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 Ordinance No. 2537

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.

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 objectively and materially 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, objectively and materially interferes with or circumvents the lawful Ordinance No. 2537

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 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 objectively and materially 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, discriminatory, 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.

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(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, 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 objectively and materially 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.

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(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 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 objectively and materially 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 objectively and 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.

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(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, 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 objectively and materially interferes with 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 Ordinance No. 2537

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.

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 objectively and materially 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.

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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 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 objectively and materially 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 Ordinance No. 2537

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, objectively and materially 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 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.

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(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 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.

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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 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 Ordinance No. 2537

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 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.

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(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.

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.

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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 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 Ordinance No. 2537

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. 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.
(a) 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. (b) 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. (c) Scope and method of investigation. The scope of an investigation shall be Ordinance No. 2537

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. (d) 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.
(e) 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.
(f) 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. (g) 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. (h) 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.
(i) Conduct during pendency of investigation. To preserve the integrity and fairness Ordinance No. 2537

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 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 Ordinance No. 2537

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 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 Ordinance No. 2537

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 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 Ordinance No. 2537

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 the least restrictive means available, 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 no more than every sixty (60) calendar days. Interim measures may be modified or lifted as circumstances change or as additional information becomes available.

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(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 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 Ordinance No. 2537

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 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 Ordinance No. 2537

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.

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 Ordinance No. 2537

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. (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 Ordinance No. 2537

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 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.

Ordinance No. 2537

(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.
(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 Ordinance No. 2537

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 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.

Ordinance No. 2537

(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. (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 Ordinance No. 2537

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 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 Ordinance No. 2537

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 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 Ordinance No. 2537

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, 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 Ordinance No. 2537

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.
(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 Ordinance No. 2537

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 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 Ordinance No. 2537

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.

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

Letty Lopez-Viado
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick, CMC
City Attorney Assistant City Clerk
I, LISA SHERRICK, CMC, 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 March, 2026, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick, CMC
Assistant City Clerk
AGENDA ITEM NO. 3

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: March 3, 2026
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: CONSIDERATION OF PURCHASE OF A FIRE UTILITY TERRAIN VEHICLE (UTV)

AND ASSOCIATED BUDGET AMENDMENT
RECOMMENDATION:

It is recommended that the City Council take the following actions:

Find that compliance with the City's bidding requirements and procedures is not in the best interest of the City for the procurement of a Utility Terrain Vehicle (UTV) configured for emergency response, patient transport and mutual aid deployment requirements in accordance with Section 2-335(10) of the West Covina Munincipal Code.

1. Authorize the purchase of one (1) 2026 Prowler Crew Cab 4x4 Utility Terrain Vehicle (UTV) configured for emergency response, patient transport, and mutual aid deployment requirements with emergency lights and siren upfitting from Ultimate Performance Corporation dba ATV Corp. in the amount of $60,894.71 (including sales tax, delivery, and options) and authorize the Acting City Manager to execute the purchase order for such purchase.

2. Authorize the purchase and installation of Fire Department logo and numbering decals from Graphix Systems in the amount of $587.52 and authorize the Acting City Manager to execute the purchase order for such purchase.

3. Approve a 5% contingency, totaling $3,074.11, for miscellaneous equipment associated with the UTV purchase.

4. 5. Adopt the following resolution:

RESOLUTION NO. 2026-18 - 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 (FIRE UTILITY

TERRAIN VEHICLE)
BACKGROUND:

The Fire Department has a responsibility to provide all emergency response services throughout the City, including urban areas that are inaccessible to traditional fire engines and ambulances and are reachable only by foot or specialized off-road vehicles. Locations such as Galster Park present steep terrain, narrow access points, and unimproved roadways where patient access, medical care, and transport are significantly delayed without a purpose-built Utility Terrain Vehicle (UTV). The City also includes other areas with multiple unpaved and restricted-access areas where emergency response is limited to UTVs.

Without a specialized Fire Department UTV, access to these locations may require personnel to hike in or rely on air resources, resulting in delayed care and increased operational risk. This capability is essential to ensure timely medical care, effective patient transport, and responder safety in areas that are to ensure timely medical care, effective patient transport, and responder safety in areas that are inaccessible to traditional fire engines and ambulances.

The Fire Department also supports several City-sponsored events and large public gatherings. These events frequently involve dense crowds, restricted access routes, and confined spaces where standard emergency apparatus cannot safely or effectively operate. A properly equipped Fire Department UTV allows personnel to rapidly navigate through crowds, deliver medical care, transport injured individuals, and remove patients from event areas without delay, significantly improving response times and patient outcomes.

In addition to local operational needs, the Fire Department participates in statewide mutual aid response under an existing mutual aid reimbursement agreement and is routinely requested to provide Rapid Emergency Medical Support (REMS) resources during large-scale and extended-duration incidents throughout California. Mutual aid REMS deployments require specialized off-road vehicles capable of operating on fire roads and steep terrain while transporting personnel, advanced medical equipment, and injured patients.

Due to recent Firescope and Cal OES updates, Type I REMS teams are now required to deploy with a dedicated four-wheel-drive UTV equipped with approved patient transport capabilities. Because the Fire Department does not currently own a compliant UTV, it no longer qualifies as a Type I REMS resource and will be unable to fill mutual aid requests for REMS support. In the past, the Department was able to temporarily meet deployment needs by borrowing a UTV from the City Yard; however, current patient transport and equipment configuration requirements no longer allow the use of borrowed, non-configured, or non-dedicated vehicles. As a result, the Fire Department’s ability to respond to statewide REMS mutual aid requests, maintain regional readiness, and support Cal OES mission requirements has been eliminated until a compliant vehicle is acquired.

Currently, the Fire Department does not own a vehicle that fulfills these combined City and mutual aid operational needs. As discussed above, this gap directly impacts the Department’s ability to effectively respond to emergencies in restricted-access urban areas such as Galster Park, support City-sponsored events where large crowds and limited access prevent traditional apparatus from operating and meet evolving statewide mutual aid and patient transport requirements.

DISCUSSION:

The Fire Department is requesting approval to purchase one 2026 Prowler Crew Cab 4x4 Utility Terrain Vehicle (UTV) configured to meet emergency response, patient transport, and mutual aid deployment requirements. The proposed UTV will be equipped with emergency warning lights, sirens, radios, a litter basket attachment, and related mission-specific equipment necessary to safely transport personnel, specialized medical equipment, and injured patients during emergency incidents in restricted-access and off-road environments.

Section 2-335(10) of Division 2 of Article VII of Chapter 2 of the West Covina Municpial Code provides the following exemption from the City's competitive bidding requirements: "When the City Council determines, by minute action or resolution, that the compliance with the bidding requirements and procedures is inefficient, impractical, or not in the best interest of the city, based on specifically identified conditions set forth on the record."
Staff is requesting that the City Council determine that the compliance with the City's bidding requirements is not in the best interest of the City in connection with this purchase. Ultimate Performance Corporation dba ATV Corp (ATV Corp) specializes in building and upfitting Utility Terrain Vehicles exclusively for military and government agencies and provides compliant emergency configurations, specialized accessories, and government pricing that are not available through commercial or retail vendors. Based on staff's evaluation, no other vendor can provide a fully configured UTV that meets current emergency response and patient transport requirements at comparable pricing. As such, staff recommends determining that compliance with the City's bidding requirements is not in the best interest of the City.

Participation in mutual aid deployments allows Fire Department personnel to maintain critical skills and gain operational experience that cannot be replicated through routine City responses, as these complex incidents occur infrequently within the City. Maintaining this level of readiness ensures that when similar emergencies arise locally, personnel can respond more efficiently and effectively, resulting in improved mitigation, faster patient care, and enhanced preservation of life and property. The acquisition of this UTV directly supports these objectives while strengthening the Department’s ability to meet both City and statewide emergency response expectations.

Responses to Master Mutual Aid incidents are reimbursed at 100 percent of eligible costs, resulting in no direct expense to the City. In addition to full cost recovery, the reimbursement structure includes a 15 percent (15%) administrative fee applied to eligible expenditures. These funds are used to offset personnel costs associated with deployments and to support ongoing training, equipment replacement, and vehicle readiness needs.

Over the past two fiscal years, the financial return associated with REMS deployments has been significant. In Fiscal Year 2024–2025, the Fire Department received more than $76,000 in reimbursements attributable to the REMS apparatus alone. In the current Fiscal Year 2025–2026, reimbursements have already exceeded $71,218 to date. This reimbursement history demonstrates the sustained demand for REMS resources and the revenue-generating potential of maintaining a compliant, deployable capability.

Staff recommends funding the purchase using General Fund resources. While an initial General Fund appropriation is required to complete the purchase, historical reimbursement data shows that revenues generated through REMS deployments are expected to exceed the cost of the vehicle over time, resulting in a net positive fiscal impact to the City.

Reimbursement for FY 2024/2025 totaled $76,820.20, and reimbursement to date in FY 2025/2026 is $71,218.41. In each of the past two fiscal years, reimbursement for REMS deployments has exceeded the cost of the vehicle purchase.

Additionally, if the purchase is denied, the Department will no longer be able to provide this mutual aid resource. Updated REMS requirements now mandate the use of a UTV with patient transport capabilities, which the Department would be unable to meet without this acquisition, negatively impacting both service delivery and the Department’s ability to generate revenue from this type of mutual aid resource.

Therefore, staff recommends that the City Council authorize the purchase of the Prowler Crew Cab 4x4 Utility Terrain Vehicle.

LEGAL REVIEW:

The City Attorney's Office has reviewed the resolution 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: Mike Browne, Acting Fire Chief
Additional Approval: Roxanne E. Lerma, Assistant City Manager Fiscal Impact
FISCAL IMPACT:

The total cost for one 2026 Prowler Crew Cab 4x4 Utility Terrain Vehicle (UTV) with emergency lights and siren upfitting with graphics, and 5% contingency for misc. equipment) is $64,556.34. Staff is requesting that the City Council appropriate $64,556.34 from the following:

Available Fund Balance Project Account No. Amount
Vehicle Replacement 367.503.61.52.67.00.71.71700. $64,557 Total Amount $64,557
There is no impact to the General Fund associated with this purchase. While the acquisition requires an upfront capital expenditure, based on historical REMS deployment activity, revenues are projected to exceed the cost of the vehicle over time, resulting in a net positive fiscal impact to the City of West Covina.

Attachments
Attachment No. 1 - ATV Corp Quote
Attachment No. 2 - Graphix Systems Quote
Attachment No. 3 - Resolution No. 2026-18
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
A Well-Planned Community
Maintain Good Intergovernmental Relations
Enhance City Image and Effectiveness
An Accessible Community
ATTACHMENT NO. 1

Estimate
1/19/2026
6817
Name / Address
West Covina Fire Department
1444 West Garvey Ave. Suite 205
West Covina, CA 91790
Ship To
P.O. No. Terms
Due on receipt
Rep
MM
Project
Approval Signature Total
Subtotal
Sales Tax (9.75%)
Item Description Qty Cost Total
Graphics 3.5'' '' WEST COVINA FIRE'' White reflective with Black non reflective outline/shadow- SIDES UTV
2 68.22 136.44T
Graphics 3.5'' XXXX'' White reflective with Black non reflective outline/shadow- SIDES UTV 2 28.60 57.20T Labor Labor install on location in West Covina 3 125.00 375.00 _____________________________________
This quote is valid for 30 days.
$587.52
$568.64
$18.88
ATTACHMENT NO. 2
ATTACHMENT NO. 3
RESOLUTION NO. 2026-18

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 (FIRE UTILITY

TERRAIN VEHICLE)
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. 2026-18, 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 March, 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. 2026-18 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 March, 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. 2026-18
Fund No. - Name
Current
Budget
Proposed
Amendment
Amended
Budget
Fund 367 – Vehicle Replacement
Revenue 115,900 0 115,900
Expenditures 200,000 64,557 264,557
Net Change in Fund Balance $(84,100) 64,557 (148,657)
REVENUE TOTAL INCREASE 0
EXPENDITURE TOTAL INCREASE 64,557 0
~
AGENDA ITEM NO. 4

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: March 3, 2026
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: REVIEW OF THE REQUEST FOR PROPOSALS (RFP) FOR JANITORIAL SERVICES

FOR CITY FACILITIES
RECOMMENDATION:

Public Works staff recommends that the City Council authorize the Public Works Department to issue a formal Request for Proposals (RFP) to obtain competitive proposals for janitorial services for City facilities.

BACKGROUND:

The City currently contracts with an external service provider for janitorial services at various City-owned and operated facilities. These services are critical to maintaining clean, safe, and sanitary environments for City staff and the public. The existing contract is scheduled to expire on June 30, 2026. Issuing an RFP at this time will allow the City to conduct a competitive procurement process and ensure continuity of services.

DISCUSSION:

Public Works staff propose issuing an RFP to solicit proposals from qualified firms. The RFP process will evaluate vendors based on experience, qualifications, service approach, cost, and compliance with City standards. This process promotes transparency, competition, and fiscal responsibility.

If approved, the Request for Proposals will follow the schedule outlined below:

RFP release: March 10, 2026
Mandatory on-site pre-proposal meeting at 10 a.m. on March 17, 2026, at the City Yard, 825 South Sunset Ave., West Covina 91790. RSVP on Planet Bids by clicking on RSVP button under Bid information tab.

Questions due: March 23, 2026 @ 3:00 p.m.
(Questions must be posted on City’s Planet Bids portal) Responses to questions posted: March 26, 2026
(Responses will be posted on City’s Planet Bids portal) Proposals due: April 2, 2026 @ 1:30 p.m.

Potential Interview: Week of April 20, 2026 (Will contact bidders with date and time.) Selection of proposer (tentative date): May 19, 2026
(For contracts awarded by the City Council, City Council agendas are posted on www.westcovina.gov on the Wednesday prior to the first and third Tuesdays each month.) The Draft RFP specifies that proposals will be evaluated to determine the company or person best suited to complete the project based on qualifications, experience and pricing including:

Qualifications and experience as provided in a resume or statement of qualifications Ability to effectively communicate and conduct presentations Cost of services
Reference checks
Additionally, all proposers will be asked to identify or affirm each of the following requirements:

Have a minimum of three (3) similar projects within the last three (3) years providing the same or similar services requested in this RFP.

Have no outstanding or pending complaints as determined through the Better Business Bureau or State of California Department of Consumer Affairs.

Have the administrative and fiscal capability to provide and manage the proposed services.

Proposals will be ranked according to the following criteria:

Criteria Maximum Points
Completeness of Proposal 25
Relevant Experience and Qualifications of
Proposed Project Team 25
Capacity to Perform 30
Proposed Cost 20
Total 100
The RFP also provides that, at the City’s discretion, in-person interviews may be conducted in accordance with Section 9, Oral Presentations, of the RFP with up to the three highest-scoring proposers based on the evaluation rubric. All interviewed proposers will be asked the same questions, with equal point values assigned to each question. If interviews are conducted, the contract award will be based on the highest combined interview score.

LEGAL REVIEW:

The City Attorney's Office reviewed the staff report. The City Attorney's Office has not reviewed the draft RFP.

OPTIONS:

The City Council has the following options:

1. Adopt staff's recommendation; or

2. Provide alternative direction.

Prepared by: Renee M. G. Chavez, Management Analyst I
Fiscal Impact
FISCAL IMPACT:

There is no immediate fiscal impact associated with issuing the RFP. Any contract award resulting from this process will be presented to City Council for review and approval, along with detailed fiscal information.

Attachments
Attachment No. 1 - 2026-03-10 Janitorial Services for City Facilities Draft CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Achieve Fiscal Sustainability and Financial Stability
Enhance City Image and Effectiveness
Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 1 of 103

JANITORIAL SERVICES FOR CITY FACILITIES
Approved by:

Roxanne Lerma
RFP No.

Effective Date
March 10, 2026

1. GENERAL
The City of West Covina (City) is seeking proposals from qualified companies to provide janitorial services for City facilities.

2. RFP SCHEDULE
 RFP release: March 10, 2026
 Mandatory on-site pre-proposal meeting at 10 Amn March 17, 2026, at the City Yard 825 South Sunset Ave., West Covina 91790. RSVP on Planet Bids by clicking on RSVP button under Bid information tab.
 Questions due: March 23, 2026 @ 3:00 p.m.
(Questions must be posted on City’s Planet Bids portal)  Responses to questions posted: March 26, 2026
(Responses will be posted on City’s Planet Bids portal)  Proposals due: April 2, 2026 @ 1:30 p.m.
 Potential Interview: Week of April 20, 2026 (Will contact bidders with date and time.)
 Selection of proposer (tentative date): May 19, 2026
(For contracts awarded by the City Council, City Council agendas are posted on www.westcovina.gov on the Wednesday prior to the first and third Tuesdays each month.)

3. PROPOSAL SUBMISSION
Proposals must be for the entire scope of services outlined in this RFP.

Incomplete proposals will not be considered. Proposals will be received electronically (online only) via City of West Covina’s PlanetBids portal at:
https://vendors.planetbids.com/portal/39468/portal-home. Proposals must be submitted with the following attachments:

Attachment A: Statement of Non-Collusion by Contractor
Attachment B: Subcontractor Campaign Contribution Acknowledgement Form Attachment C: Sam.gov Verification – Debarment & Suspension Verification Attachment D: Fee Schedule
Attachment F: Certificate of Insurance
Attachment G: W-9
ATTACHMENT NO. 1
Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 2 of 103 Attachment H Statement of Compliance
Proposals must be submitted no later than 1:30 pm on April 20, 2026.

Submissions received after this deadline will be rejected. Submissions by facsimile or electronic mail will not be accepted.

Submission of a proposal shall constitute acknowledgment and acceptance of all terms and conditions contained in this RFP and all exhibits and attachments hereto.

4. CONTACT WITH CITY OFFICIALS AND REPRESENTATIVES
The sole City Representative as contact person for all questions and matters regarding this RFP is Karen Ogawa, Finance Director. The City Representative can be reached via e-mail at [email protected] or by phone at (626) 939- 8438. Proposers that contact any City official or representative other than the designated City Representative as set forth in this RFP may be disqualified with no further consideration given to the proposal submitted.

All questions regarding the specifications in this RFP are required to be addressed via City’s PlanetBids site by the designated date and time. Responses will be posted on the City’s PlanetBids site.

5. BACKGROUND
The City of West Covina is located in the San Gabriel Valley, 20 miles east of downtown Los Angeles and 15 miles north of Orange County. Incorporated as a general law city in 1923, the City operates under the council/manager form of government. The City’s 16 square miles flourished with walnut groves and orange groves for many decades. The City has developed into a commercial and residential community, with a population currently estimated at about 110,200 residents.

Services
The City offers 16 parks, four community centers, a Sports Complex, and a County-operated library. The City provides a full range of services to its citizens, including police, fire and emergency medical; construction and maintenance of streets, traffic signalization and other infrastructure; planning and building safety; and social, recreational and cultural activities and events. However, the City contracts out building and safety services, engineering, and business licensing.

Additionally, water utilities and solid services are provided and billed externally.

Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 3 of 103 The City is financially accountable for the Successor Agency to the former Redevelopment Agency of the City of West Covina, a financing authority, and a housing authority, which are combined within the City’s financial statements.

6. SCOPE OF SERVICES
The scope of services to be provided is described in Attachment E of this RFP.

7. CONTRACT PERIOD
It is anticipated that the initial term of the agreement will be for a period of three (3) years, with the option to extend the term for up to two (2) additional years upon mutual written agreement of the City and the selected contractor, contingent upon satisfactory performance of the selected contractor.

8. PROPOSAL FORMAT
The proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements and on providing a complete and clear description of the offer. Proposals that appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity of this RFP may be rejected.

The proposal should contain the sections in the order indicated below. This standardization will facilitate evaluation of the comparative merits of all proposals submitted.

8.1 COVER LETTER
Provide a letter of introduction, approximately one (1) page in length, including the name, address and telephone number of the person(s) to contact who will be authorized to represent the proposer. This letter shall be signed by an officer of the proposer authorized to bind the proposer to all commitments made in the proposal.

8.2 PROJECT SUMMARY SECTION
The Project Summary section should describe your understanding of the City, the work to be done, and the objective to be accomplished referring to specific sections of the scope of services.

8.3 METHODOLOGY SECTION
Provide a detailed description of the approach and methodology to be used to accomplish the scope of services of this RFP to achieve City satisfaction, along with a proposed timeline to complete the project, if applicable.

Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 4 of 103

8.4 FEE SCHEDULE
The fee schedule should include hourly rates, miscellaneous fees and other anticipated expenses, and the total cost of the services. The Fee Schedule (in Excel format) is available for download as part of this RFP. Proposers shall complete the Fee Schedule by entering data electronically, printing and signing, and including a copy in the submitted proposal. In addition, proposers shall upload the completed Excel spreadsheet as a separate attachment with the proposal.

Instructions are included with Attachment D.

8.5 EXCLUDED OR SUBCONTRACTED SERVICES
Provide details of any necessary services relating to the proposal/service process which will not be included in your proposal, including those which the proposer expects to be performed by City staff and/or by other contractors or subcontractors. If you intend to subcontract any portion of the work, identify the subcontractor(s) and provide details regarding their qualifications.

8.6 LIST OF SIMILAR SERVICES COMPLETED
Provide a complete listing of all similar services that have been provided within the past three (3) years. Include name of agency or company, project manager/contact, dates services were provided and summary of services provided.

8.7 REFERENCES
The proposer shall submit with his/her/its proposal a list of at least three (3) clients using the same or similar services being proposed, with names, addresses, email addresses and telephone numbers. A survey of references will be made to determine, among other things, the proposer’s success in meeting the needs of the contracting agency in a timely manner.

8.8 FINANCIAL STATEMENTS
The proposer shall submit with his/her/its proposal financial documents for the most current year in which a tax return has been submitted with interim financial documents as of the last month end. The financial documents are to include Income Statement, Balance Sheet and Statement of Cash Flows.

9. ORAL PRESENTATIONS
An oral presentation by the proposers in final contention for award of an agreement for services may, in City’s discretion, be required as a part of this RFP process.

The purpose of the oral presentation would be twofold: first, to allow the proposer Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 5 of 103 to demonstrate capabilities of the company and to clarify proposer’s responses to the RFP; second, to allow the City staff to meet the proposer’s key personnel who would be assigned to this project. Attendance at such a presentation shall be at the proposer’s expense.

10. TERMS AND CONDITIONS OF RFP

10.1 SIGNED SUBMISSION OF PROPOSALS
Each proposal must be signed in longhand by the person or persons legally authorized to bind the proposer to the proposal and contracts. The name and title of each person signing shall by typed or printed below that person’s signature.

Upon request of the City, the corporation or other entity must provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the proposal to execute contracts on behalf of the corporation or other entity.

10.2 LATE SUBMISSION OF PROPOSALS
Any submission of proposals received after the due date and time specified in this RFP will not be considered.

10.3 ACCURACY OF PROPOSALS; WITHDRAWAL OF PROPOSALS
Proposers shall take all responsibility for any errors or omissions in their proposals.

To withdraw a proposal, the proposer must submit a written request to the Finance Director via email at [email protected]. A hard copy of the request must also be mailed to the Finance Director at 1444 W. Garvey Avenue South, Room 308, West Covina, CA 91790. The written request must be signed by the authorized representative of the proposer and must be submitted prior to the deadline for submitting proposals.

Withdrawals will not be permitted after the deadline for submitting proposals.

10.4 ADDENDUM TO THE RFP
Any modifications or changes to this RFP will be made by written addendum.

Addenda will be posted on the City’s PlanetBids page. No verbal modification will be binding on the City.

10.5 PROTEST PROCEDURES
All protests regarding the RFP process must be submitted in writing to the Finance Director and Purchasing Manager within five (5) business days following the opening of the proposals. This includes all protests relating to advertising of the Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 6 of 103 RFP, deadlines, proposal opening, and any protests relating to alleged improprieties or ambiguities in the specifications. This requirement does not apply to protests relating to staff recommendations as to award of a contract. Protests relating to staff recommendations of award of a contract may be directed to the Purchasing Manager within three (3) business days of the posted agenda recommending award by City Council or receipt of notice of intent to award. City may post such notice of intent to award on the City’s PlanetBids portal.

City Council agendas are available for review at least 72 hours before City Council meetings, which are held on the first and third Tuesday of each month, at www.westcovina.gov and at the City Clerk's Office, Room 317 in City Hall, 1444 W. Garvey Avenue South, West Covina, during normal business hours.

10.6 DISCLAIMERS AND RESERVATION OF RIGHTS
This RFP does not commit the City to award a contract. The City reserves, in its sole discretion, the right to reject any and all proposals, the right to cancel or postpone the RFP or project in whole or in part at any time, the right to negotiate with any qualified proposer and the right to decline to award the agreement to any of the proposers. The City reserves the right to waive any immaterial irregularities in a proposal or a submission of a proposal.

10.7 NOTICE REGARDING DISCLOSURE OF CONTENTS OF PROPOSALS All proposals submitted in response to this RFP shall become the exclusive property of the City of West Covina and will be a matter of public record. Proposers must identify, in writing, the elements of the proposal which proposer defines as business or trade secrets that are exempt from disclosure under the California Public Records Act (California Government Code Section 7920.000 et seq.) and plainly mark such items as “Trade Secret”, “Confidential”, or “Proprietary”.

Any proposer claiming such an exemption must identify the specific provision of the California Public Records Act that provides an exemption from disclosure for each item that the proposer claims is not subject to disclosure under said Act. Any proposer claiming such an exemption must also state in its proposal that the proposer agrees to defend, indemnify and hold harmless the City and its officers, employees, agents and volunteers from any action brought against the City for its refusal to disclose such material, trade secrets and other proprietary information to any party making a request therefor. Any proposer who fails to include such a statement shall be deemed to have waived any right to an exemption from disclosure as provided by said Act. Any exemption request must be clearly marked as set forth above, and any blanket statement (i.e., regarding entire pages, documents, or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever.

Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 7 of 103 If disclosure is required or permitted under the California Public Records Act or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

Notwithstanding the foregoing, all proposals submitted may be kept confidential until a contract is awarded.

10.8 PROPOSAL VALIDITY PERIOD
Pricing, terms and conditions stated in the proposer’s response shall remain valid for 120 days from the date of submission of the proposal to the City.

10.9 PRESS RELEASES

The selected contractor shall not issue any news or press releases relating to an award of contract resulting from this RFP or issue any advertising copy mentioning the City or quoting the opinion of any City official, officer or employee without prior written approval from the City Manager.

10.10 EVALUATION AND SELECTION PROCESS
In accordance with Section 2-334 of the West Covina Municipal Code, the City will award the contract to the lowest responsible bidder, as defined Section 2-327 of the West Covina Municipal Code. Price will be considered along with other factors, including, but not limited to, the ability, capacity and skill of the bidder to provide the services, whether the bidder can provide the services within the time specified, the bidder’s record of performance on previous orders or contracts for the City or other public entities, and the quality, availability and adaptability of the bidder’s services.

Proposals will be evaluated to determine the company or person best suited to complete the project based on qualifications, experience and pricing including:
qualifications and experience as provided in a resume or statement of qualifications; ability to effectively communicate and conduct presentations; cost of services; reference checks. All proposers should identify or affirm each of the following requirements:
(a) Have a minimum of three (3) similar projects within the last three (3) years providing the same or similar services requested in this RFP. (b) Have no outstanding or pending complaints as determined through the Better Business Bureau or State of California Department of Consumer Affairs.
(c) Have the administrative and fiscal capability to provide and manage the proposed services.

Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 8 of 103 Proposals will be ranked according to the following criteria:

Criteria Maximum Points
Completeness of Proposal 25
Relevant Experience and Qualifications of
Proposed Project Team
25 Capacity to Perform 30
Proposed Cost 20
TOTAL 100

10.11 CAMPAIGN CONTRIBUTIONS
(a) Prohibited Contributions.

Pursuant to Section 2-404.1(a) of the West Covina Municipal Code:

No person who is an applicant or proposer to be a party to a city contract, or who is a party to a city contract, as defined in section 2-403, other affected party, or related persons, shall make a contribution to an individual holding city elective office where the city contract has a total anticipated or actual value of thirty thousand dollars ($30,000.00) or more, or a combination or series of such contracts or agreements having a value of thirty thousand dollars ($30,000.00) or more.

Further, pursuant to Section 2-404.1(c) of the West Covina Municipal Code:

No person acting as a subcontractor under a subcontract through a city contract, as defined in section 2-403, or related persons, shall make a contribution to a council member where an individual subcontract has a total anticipated or actual value of fifteen thousand dollars ($15,000.00) or more, or a combination or series of such individual subcontracts with the same subcontractor, for the same or different projects with the aggregate value of fifteen thousand dollars ($15,000.00) or more. (b) Subcontractor Acknowledgement Form.

If a subcontractor is utilized for any part of the proposal, then a completed Subcontractor Campaign Contributions Acknowledgement Form is required to be returned with proposal.

10.12 CONFLICT OF INTEREST
City of West Covina employees are prohibited from participating in the selection process for this RFP if they have any financial or business relationship with any Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 9 of 103 proposer. This RFP process will be conducted in compliance with all laws regarding political contributions, conflicts of interest, or unlawful activities, including, but not limited to, the City’s Conflict of Interest and Ethics Policy.

Proposers shall not offer, give or agree to give any City employee any gratuity or anything of value whatsoever in connection with this RFP. The offer or attempt to give any such gratuity or anything of value to any City employee will be cause for disqualification from participation in this RFP.

10.13 PERMITS AND LICENSES
The selected contractor and all of his/her/its employees or agents shall secure and maintain in force such licenses and permits as are required by law.

10.14 PRE-CONTRACTUAL EXPENSES
The City shall not be liable for any expenses incurred by potential contractors relating to the preparation or submission of proposals. Pre-contractual expenses shall not be included in a proposer’s fee schedule. Pre-contractual expenses include, but are not limited to, expenses incurred by a proposer in:
 Preparing a proposal in response to this RFP;
 Submitting a proposal to the City;
 Oral presentations required by the City;
 Negotiating with the City in any manner related to the proposal submitted;
 Any other expenses incurred by the proposer prior to the execution of a contract with the City, if any.

10.15 AGREEMENT TO CONDITIONS
The selected proposer will be required to execute an agreement for services. A sample of the agreement is included as Attachment I to this RFP. The sample agreement may be modified by the City prior to award of a contract.

Submission of a proposal shall be deemed acceptance of all the terms set forth in this RFP and the sample agreement for services unless the proposer includes with its proposal, in writing, any conditions or exceptions requested by the proposer to the sample agreement. The terms of the sample agreement, including insurance and indemnification requirements, are standard City requirements and will be modified only if extraordinary circumstances exist.

10.16 PIGGYBACKING OPTION
The City would like to make the same pricing structures available to other government agencies. Proposers shall indicate in their proposal whether they Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 10 of 103 agree to extend pricing to other agencies and for what length of time. Inclusion is not mandatory and will have no bearing on the contract award.

10.17 EXAMINATION OF LOCATIONS AND SPECIFICATIONS
Proposers are expected to carefully examine the locations of the proposed services and the specifications set forth in this RFP and all attachments hereto. By submitting a proposal, the proposer declares he/she/it has carefully reviewed the locations of the proposed services and all specifications and requirements set forth in this RFP, and that proposer will furnish all labor, materials, machinery, tools and equipment required to perform the services in accordance with the requirements of this RFP.

10.18 DEBARMENT AND SUSPENSION
Proposers may not be debarred or suspended or otherwise listed on the Excluded Parties List System (EPLS) in the General Services Administration System for Award Management (SAM). Proposers must include verification that the company as well as the company’s principals are not listed (are not debarred, suspended or otherwise ineligible) through the General Services Administration System for Award Management (sam.gov). Proposers must also enclose a printout of the search results that includes the record date.

11. INSURANCE
Insurance requirements are set forth in the sample agreement (Attachment I).

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ATTACHMENT A

STATEMENT OF NON-COLLUSION BY CONTRACTOR
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NON-COLLUSION DECLARATION TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the _____________________ of _____________________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________[date], at ___________________________[city, state].

Firm _______________________________________
______________________________________
(Signature)
______________________________________
(Print Name & Title)

Street _______________________________________
City_______________________ State_____ Zip ___________

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ATTACHMENT B

SUBCONTRACTOR CAMPAIGN CONTRIBUTION ACKNOWLEDGEMENT FORM (IF APPLICABLE)
Janitorial Services for City Facilities
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SUBCONTRACTOR CAMPAIGN CONTRIBUTION

ACKNOWLEDGMENT FORM
Proposer [or Consultant] is required to identify any known subcontractor who will provide goods or services with an anticipated or actual value of $15,000 or more in connection with any contract which may be awarded pursuant to this Request for Proposal if the proposed contract with the Proposer [or Consultant] has an anticipated or actual value of $30,000 or more.

By my signature below, I certify that as a subcontractor I reviewed and am in compliance with West Covina Municipal Code section 2-405.1(c), in reference to campaign contributions to any individual holding City elective office, and that I will comply with Section 2-405.1(c) at all times while providing services as a subcontractor.

CONTRACTOR:

Company: _____________________________

By: ___________________________________

Title: __________________________________

Date: _________________________________
SUBCONTRACTOR:

Company: _____________________________

By: ___________________________________

Title: _________________________________

Date: _________________________________

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ATTACHMENT C
SAM.GOV DEBARMENT AND SUSPENSION VERIFICATION
How to Search Exclusion Information
 Select “Search” from the header menu from any page on SAM.gov  In the filters, under “Select Domain,” select “Entity Information, then select “Exclusions.”
 Use the filters or keyword box to enter search criteria and see your results
 See sample on next page

Janitorial Services for City Facilities
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City of West Covina Request for Proposals Page 17 of 103 SAM.GOV DEBARMENT AND SUSPENSION VERIFICATION

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ATTACHMENT D

FEE SCHEDULE
Fee Schedule Instructions

1. The Fee Schedule is a requirement of the RFP.

2. The Fee Schedule (in Excel format) is available for download.

3. Complete the Fee Schedule by entering data electronically. Items in green require Contractor data input.

4. Print, sign, and include a copy in proposal.

5. In addition, upload the completed Excel spreadsheet as a separate attachment with your proposal.
a. Save as: Company Name
b. Protect your workbook

6. See Sample on next page
Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 19 of 103 A separate schedule of detailed hourly personnel and equipment rate sheet and costs for other services offered must be included with the proposal. (See Next Page) Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 20 of 103

Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 21 of 103

ATTACHMENT E

SCOPE OF SERVICES
Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 22 of 103 SCOPE OF SERVICE:

Before award of the contract can be approved, the City shall be satisfied that the contractor involved meets the following requirements:

A. Contractor has completed one or more accounts of the same size, scope or value of the type of work specified in this contract. In these accounts, the contractor must have provided full service janitorial service of the type of work specified in this contract. References shall be provided to the City.

B. Contractor has organizational capacity, technical competence and equipment necessary to satisfactorily provide services required in this contract.

C. Contractor maintains an office within a 50-mile radius of job site and to provide the office with phone service during normal working hours. If a telephone answering service is utilized, the answering service shall be capable of contacting the Contractor by cellular phone, radio or pager.

Should the Contractor maintain an office beyond a 50-mile radius of the job site, the following criteria are required:
i. The Contractor shall provide the City with the name, address and telephone number of an employee residing within a 50-mile radius of the job site. This employee shall be required to maintain 24-hour phone service with the City. If a telephone answering service is utilized, the employee of the Contractor shall be required to respond to the City by radio or pager on a 24-hour basis, and report to the project site within one (1) hour after such notification.
ii. This employee shall have supervisory capacity.
iii. Should this employee of the Contractor move out of the 50-mile radius of the job site, a new employee may be substituted, upon prior approval of the City.

D. Emergency Call Out - Regardless of location of Contractor’s office, the Contractor is required to provide the City with a 24-hour phone number for emergency call out and contact outside normal working hours. Contractor’s response to the project site following an emergency call-out shall not be more than one hour after notification. Failure to comply with this on-call / emergency call out requirement or failure to report to the project site within one-hour after notification may result in liquidated damages in the sum of $500.00 for each occurrence. Should the Contractor fail to respond as specified by the contract, the Contractor shall be liable for any loss and/or costs sustained by the City to correct said emergency in addition to any other damages or remedies.

Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 23 of 103 E. Personnel Qualifications – All Contractors’ employees shall be required to comply with the work rules established for City buildings. All personnel working in or near the project location shall be of good character, neat in appearance, and in appropriate uniforms (including company name and name badges for each worker). Appearance and uniforms are subject to the approval of the Contract Officer. Any Contractor’s employee whose employment or performance is objectionable to the City shall be immediately removed from the premises. A request by the City to remove an employee shall not constitute an order to discipline or discharge the employee. All actions taken by the Contractor in regard to employee discipline shall be at the sole discretion of the Contractor. The City shall be held harmless in any disputes the Contractor may have with the Contractor’s employees. This shall include, but not limited to, charges of discrimination, harassment, and discharge without just cause. The City of West Covina Police Department will conduct security background checks of the Contractor’s employees.

F. Security – Contractor shall be responsible for use of all City keys issued to him then, under no circumstances, shall Contractor’s employees admit anyone to areas controlled by a key in their possession. All doors and windows shall be closed and locked upon completion of cleaning operations in the area. All areas shall be double-checked at the end of shift to verify the areas are secured. On occasion, certain areas, which are normally open for cleaning, may be secured. In such a situation cleaning shall take place only upon request.

Contractor shall not duplicate any keys for premises under any circumstances. Any lost keys or need for additional keys shall be promptly reported to or requested from Public Works/Maintenance Division. To avoid the possibility of tracing lost keys to the premises, the Contractor shall not put identification on any keys.

Employees of Contractor shall not disturb papers or personal effects on desks, open drawers or cabinets, use telephone, radio or television sets, computers or tamper with other personal or City property. Due to the confidential nature of certain buildings or areas, designated times will be established for cleaning.

G. Increase/Decrease in Scope of Work - It is understood that this specification’s description of work is the City’s present service requirements only, and the scope of work may increase or decrease during the term of the contract. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 24 of 103 deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Increases in compensation of twenty-five percent (25%) of the Contract Sum, or $25,000 whichever is greater, as approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein.

H. Public Safety – All operations will be conducted so as to provide maximum safety for the public.

I. Transportation to Facilities - It shall be the responsibility of the Contractor to provide consistent, reliable transportation for equipment and staff to service identified facilities. All costs related to the maintenance and operation of said transportation vehicle(s) shall be the sole responsibility of the Contractor.

J. Interpretation of Specifications – The City of West Covina Maintenance Division shall be the interpreting authority of technical specifications for Janitorial Services.

K. Responsibility, Coordination, Meetings – Work shall be performed by competent workers supervised by a supervisor who is competent in speaking English and has experience and technical training in custodial maintenance work. The Contractor shall meet with the City Representative once weekly or daily if required. The contractor shall attend additional meetings if deemed necessary by the City. The Contractor’s on-site supervisor and the City’s representative shall conduct daily inspections of the premises to ensure compliance with the work required by this contract. Extra or project work authorized by the City shall also be inspected on a regular basis and performed to the standards of the City.

L. Inspection of Facilities - The City reserves the right to make all final determinations as to whether the work has been satisfactorily completed. In the event that results of the Janitorial Service are considered unsatisfactory by the City Representative, the Contractor shall be required to re-clean the unsatisfactory area at no cost to the City. Said service shall be performed without interruption in the regular cleaning schedule.

1. CITY HALL

SPECIFIC OFFICES TO BE EXCLUDED FROM THIS SERVICE
Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 25 of 103 City Manager’s Office (3,312 square feet)
Human Resources Office/Risk Management suite (1,764 square feet) Information Technology office (1,368 square feet)
Total of 6,444 square feet. These offices will be serviced by City Staff ONLY DAILY SERVICE – Custodial Porter on site at City Hall for 4 hours from 8:00am – 12:00pm to work when City Hall is open for business. Provide Porter services as needed on a daily basis. Scope of work to vary. Furnish all labor, equipment, materials and supervision to perform the Porter service.

NIGHT: Monday through Thursday (work hours shall be after 6:30 p.m.) NIGHTLY SERVICES - The following tasks shall be performed four (4) days per week, Monday through Thursday (except holidays). Furnish all labor, equipment, materials and supervision to perform the janitorial services as described herein.

1. Empty office trash containers.

2. Replace trash liners as needed.

3. Vacuum thoroughly all carpeted areas. Spot clean spill marks as needed.

4. Thoroughly clean and disinfect all toilets, urinals, sinks, counters, mirrors, paper holders, stainless
steel and door handles.

5. Wet mop restrooms with disinfectant.

6. Check and restock soap and paper supplies as needed in all restrooms.

7. Sweep second and third floor hallways with chemical treated dust mop.

8. Sweep first floor exterior tile with chemical treated dust mop.

9. Clean first floor employee break room and kitchen
including: tables and chairs, emptying trash and
replacing liners, Wet mop floor, clean counters and sink.

10. Dust all furniture including: desks, chairs, counters, filing cabinets and shelves.

11. Spot clean walls, light switches, doors and doorknobs as necessary.

12. Remove all cobwebs (interior and exterior).

13. Make sure all doors, restrooms and elevators are
securely locked. Check weekly calendar to insure that
doors, restrooms and elevators in use for night meetings are accessible until meetings are completed.

14. Clean and polish all water fountains on each floor.

15. Sweep and dust east and west stairways, including
handrails.

16. Spot clean walls in stairwells.

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City of West Covina Request for Proposals Page 26 of 103

17. Walk the third-floor balcony and remove trash as needed.

18. Service elevators, including polishing all stainless-steel doors, clean door tracks, clean walls, doorframes and
electric eyes. Vacuum carpet and clean exterior doors on each floor.

19. Clean and disinfect kitchenettes including counter tops, sinks and floors.

20. Spot clean glass entry doors on all floors.

21. Thoroughly clean and disinfect first floor and Council Chamber restroom including toilets, urinals, sinks,
mirrors, paper holders, stainless steel, door handles,
partitions and doors. Replenish all soap and paper
supplies as needed.

22. Dust mop first floor with chemically treated dust mops.

WEEKLY SERVICES - The following tasks shall be performed at City Hall.

1. Breezeway (First Floor)
a. Empty outdoor trash cans and replace liners as needed. b. Mop breezeway floor

2. City Council Chambers, (First Floor)
a. Empty trash containers in Council Chambers and replace liners as needed.
b. Transport all glassware and pitchers to the kitchen
area and clean. Clean and tidy kitchen area.
c. Vacuum thoroughly all carpeted areas of
Council Chambers and Community Meeting
Room. Spot clean carpets as needed.
d. Follow calendar closely each day for special cleaning needs.
e. Dust all wood surfaces in Council Chambers.
f. Clean Council Members chairs.

3. City Hall building and offices.
a. Cleaning crew at City Hall shall start at 6:30pm
during the week when City Hall is open for
business.
b. Dust all window sills (do not include exterior
windows facing north and south on second floor).
c. Clean telephones.
d. Damp mop all tile areas (includes basement print shop). e. Clean all glass walls in cubicles.
f. Clean and stock custodial room in City Hall and Police Department.
g. Dust all vents and tops of partitions in restrooms.
h. Clean glass doors and all glass surfaces to 7’ height Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 27 of 103 MONTHLY SERVICES - The following tasks shall be performed at City Hall.

1. Dust all ceiling and wall vents and return air grills.

2. Polish office tile areas once per month.

3. Clean glass on first floor display case and basement display case.

4. Clean inside and out of all entry glass doors.

5. Hand sweep carpet edges in Community Room and City
Council Chambers

6. Machine clean and seal restrooms.

7. Clean elevator carpets with hot water extraction
system and apply soil retardant.

8. Polish or seal hallway tile surfaces on second and third floors.

QUARTERLY SERVICES – The following tasks shall be performed at City Hall.

1. Dust all office area mini-blinds.

2. Clean all glass surfaces over 7’.

SEMI-ANNUAL SERVICES – The following tasks shall be done at City Hall.

1. Strip and re-wax first floor tile areas every six months.

May be done on an area- by-area basis provided areas
are treated at least once every six months. City will
provide a schedule to be followed.

2. Strip and re-wax basement print shop floor.

3. Clean City Hall exterior windows and window sills.

2. CITY YARD MAINTENANCE OFFICE
NIGHT: Monday through Thursday (work hours shall be after 6:00 p.m.) NIGHTLY SERVICES - The following tasks shall be performed four (4) days per week, Monday through Thursday (except holidays). Furnish all labor, equipment, materials and supervision to perform the janitorial services as described herein.

1. Empty waste containers, wipe clean and reline, if necessary, and remove trash to designated area.

2. Sweep all vinyl floors using the dustless method.

3. Vacuum and spot clean all carpeting.

4. Clean, disinfect and polish drinking fountain.

5. Sweep all tile floors with a chemically treated dust mop.

6. Wash entrance doors (both sides) and polish metal.

7. Spot clean doors, door frames, and around light switches, removing all smudges.

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City of West Covina Request for Proposals Page 28 of 103

8. Dust all furniture, file cabinets, window partition sills, ledges, etc.

9. Wash and polish all counter tops.

10. Spot clean interior windows and sills.

11. Clean kitchen and kitchenette daily.

WEEKLY SERVICE – One (1) time per week.

1. Sweep, remove black marks and buff vinyl floors.

2. Clean and disinfect ear and mouthpieces of all telephones.

3. Wax executive furniture with furniture polish.
(Shall be cleared of miscellaneous articles).

4. Clean air vents weekly.

MONTHLY SERVICE – One (1) time per month.

1. Perform high dusting, i.e. door sashes and tops of partition.

2. Clean baseboards and kick plates of dust and all marks.

3. Brush down wall and/or ceiling vents.

4. Wash all windows (interior and exterior).

SEMI-MONTHLY SERVICE – Two (2) times per month.

1. Polish all wooden interior doors.

2. Wax vinyl floors with approved applicant.

QUARTERLY SERVICE – Every three (3) months.

1. Machine strip floors.

2. Refinish and buff vinyl floors.

RESTROOM DAILY SERVICE – (Except holidays) – Four (4) days a week, Monday thru Thursday.

1. Clean and wash with disinfectant bowls, urinals, and sinks and replace deodorant as required.

2. Clean and wash with disinfectant both sides of toilet seats.

3. Clean and polish all mirrors and chrome fixtures.

4. Clean and wash with disinfectant Pullman tops, partitions (undersides and tops) and doors.

5. Refill tissue, hand towel, seat cover and soap dispensers.

6. Spot clean walls (including partitions).

7. Empty and wash with disinfectant sanitary napkin
containers and replace inserts.

8. Empty waste containers and wipe outside clean.

9. Sweep and mop floors with a germicidal disinfectant.

Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 29 of 103 BI-WEEKLY SERVICE – Two (2) times per month.

1. Pour hot water down floor drain to prevent sewer gases from escaping.

2. Pour hot water down sinks.

MONTHLY SERVICE – One (1) time per month.

1. Brush and wash vents.

2. Wash area around vents.

QUARTERLY SERVICE – Every three (3) months.

1. Machine strip floors with germicidal disinfectant.

2. Refinish and buff all floors.

3. POLICE DEPARTMENT AND POLICE FACILITIES
Furnish all labor, equipment, materials and supervision to perform the janitorial services as described herein.

DAY: Work hours 8 a.m. to 5 p.m. Monday through Friday and 10 a.m. to 4 p.m. on Saturday, Sunday and holidays
DAILY SERVICES - The following tasks shall be performed by full time day personnel, five days per week, Monday through Friday (except holidays).

1. Empty trash and replace liners as needed.

2. Pick up and clean showers as needed.

3. Dust mop main floor lobby and lunch room with
chemically treated dust mops.

4. Dust mop the basement offices, locker rooms, copy rooms and hallways with chemically treated dust mops once per day.

5. Wet mop north and south stairwells once per day.

6. Dust mop basement and main floor exterior entrances with chemically treated dust mops.

7. Spot mop all spills and footprints from basement offices.

8. Dust and clean north and south stairwell handrails and facings, and wall spots on walls in stairwell once per
day.

9. Thoroughly clean and disinfect basement restrooms,
including cleaning and disinfecting of all toilets, urinals, sinks mirrors, paper holder, stainless steel partitions and Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 30 of 103 door handles.

10. Inspect and clean all vents, partitions and doors inside and out.

11. Replenish all soap and paper supplies as needed.

12. Perform a secondary cleaning and stocking routine of the basement and main floor restrooms.

13. Spot clean all doorway glass.

14. Spot clean main floor glass and displays.

15. Clean front desk counter, cabinets, and public telephone.

16. Spot clean all doors; walls and rails for smudge marks and prints.

17. Spot clean spill marks on carpets.

18. Thoroughly clean lunchrooms including outside patio tables, chairs and concrete.

19. Provide custodial services as requested by management personnel.

20. Clean crime lab and designated basement offices.

21. Clean booking area.

22. Check and clean interrogation area.

23. Empty rear and booking area trash containers and
replace trash liners as needed.

24. Clean firing range.

25. Clean all cabinet surfaces.

WEEKLY SERVICES - to be performed once weekly by full time day personnel.

1. Clean police monuments in front of police station

2. Wet mop and machine polish basement hallways, weight room and offices with tile floors.

3. Dust all window ledges.

4. Clean glass doors and all glass surfaces to 7’ height.

5. Clean glass walls in cubicles.

MONTHLY SERVICES – to be performed by day personnel

1. Wash interior glass in main floor counter area.

2. Clean ceiling areas at vents and at exterior lights.

3. Wash all exterior/interior windows over 7’ in height.

NIGHT: Work hours 6:00 p.m. to 11:00 p.m.

NIGHTLY SERVICES - The following tasks shall be performed seven (7) days per week.

1. Vacuum thoroughly all carpeted areas.

2. Clean carpet with hot water extraction method with
Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 31 of 103 power head, upon request for additional charge.

3. Spot clean carpets for spills, stains and marks.

4. Sweep tile thoroughly each with chemically treated dust mops.

5. Spot mop spill marks.

6. Wet mop lunch room, restrooms, locker rooms and shower rooms with disinfectant. Empty trash and replace liners, dust tops of lockers and clean mirrors.

7. Thoroughly clean and disinfect all toilets, urinals, sinks, mirrors, paper holders, stainless steel, and
door handles in restrooms.

8. Replenish soap and paper supplies in restrooms.

9. Report any plumbing irregularities.

10. Clean glass entry door.

11. Empty all trash containers.

12. Replace trash liners as needed.

13. Dust all desks, counters, tables, furniture, and lobby display areas including plaques.

14. Clean fingerprint area including counters, walls, doors, etc.

15. Properly align furniture after vacuuming.

16. Clean glass partitions for prints and smudges in Detective Bureau.

17. Empty pencil sharpeners.

18. Spot-clean wall as needed.

19. Remove cobwebs and debris (interior and exterior).

20. Empty trashcans in parking areas.

WEEKLY SERVICES – to be performed by night personnel

1. Hand-sweep carpet edges.

2. Wet mop lunchroom and offices, which have, tile floors.

3. Thoroughly clean, scrub, and detail shower area including walls, floors, ceiling, drains, fixtures, doors and coving.

4. Inspect and clean vents, partitions and doors.

5. Flush drains and fill floor drains.

6. Dust windowsills.

7. Clean and polish office desks, counters and tables.

8. Dust picture frames and high surfaces.

9. Sweep shooting range.

MONTHLY SERVICES – to be performed by night personnel

1. Machine scrub and polish all tile floors.

2. Floors are to be stripped and maintain a high gloss
professional look.

3. Clean all air vents.

4. Acid wash showers and thoroughly scrub
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City of West Covina Request for Proposals Page 32 of 103

QUARTERLY SERVICES

1. Dust mini-blinds once every three months.

2. Clean all glass surfaces over 7’

POLICE JAIL AREA
To be performed between 12:00 noon to 2:00 p.m. Monday through Friday.

Between 2:00 p.m. to 4:00 p.m. on Saturday. On Sundays between 3:00 p.m. to 5:00 p.m. From Monday through Friday the contract employee assigned to City Hall may assist with these duties.

DAILY SERVICES

1. Check with jailer for disposition of jail due to
overnight use during the morning (between 8:30
a.m. to 9 a.m.).

2. Throughout the day respond to “special needs” of
jailer for clean-up of feces, urine, vomit, etc.

3. Dust mop all floors, including cells, hallways, kitchen, booking area, all holding areas, and printing area with fresh chemically – treated dust mops.

4. Clean and wash all counters, wood and door windows
with disinfectant cleaner.

5. Clean all chairs and bottoms of doors.

6. Empty all trash containers and replace all trash liners as needed.

7. Dust all horizontal surfaces and vents.

8. Thoroughly clean and disinfect all cells including spot cleaning mattresses and thoroughly maintain mattress
area, sinks and toilets.

9. Clean windows of cells.

10. Wet mop all floors with disinfectant cleaner.

11. Clean light fixtures in hallways and cells as needed.

12. Clean storage area including sweeping, setting up of the shelves, placing blankets and other supplies in
designated places, and removing all trash.

13. Clean kitchen area (including floors).

14. Replenish all paper supplies.

15. Clean all emergency boxes “enter and exit” boxes, and intercom boxes, or sooner if needed.

16. Clean the two microwave ovens, stove, refrigerator, light fixtures, vents, sinks, cabinets and clock.

17. Tend to emergency cleaning as needed.

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City of West Covina Request for Proposals Page 33 of 103

WEEKLY SERVICES

1. Machine polish hallway floors once per week.

MONTHLY SERVICES

1. Clean inside of oven with oven cleaner.

2. Pumice-stone areas.

SERVICE GROUP
Cleaning of these areas must be coordinated with Police Captain.

DAILY SERVICES

1. Vacuum thoroughly all carpeted areas.

2. Clean and polish desks.

3. Check for cobwebs and remove as needed.

4. Empty trash cans.

5. Spot clean entry glass door.

MISCELLANEOUS - as requested.

COMMUNICATIONS DEPARTMENT
Day-work to be performed between the hours of 6:30 a.m. to 8:00 a.m.

Monday through Friday and between 8:00 am to 10 am on Saturday and Sunday.

DAILY SERVICES

1. Empty all trash containers and replace all trash-liners.

2. Wash and spot clean all trash containers daily, or sooner if needed.

3. Sweep all floors thoroughly.

4. Visually check all corners and edges for cobwebs, debris, and buildup.

5. Wet mop all floors.

6. Thoroughly clean restrooms, including cleaning and
disinfecting of all toilets, urinals, sinks, mirrors, paper holders, stainless steel, and door handles.

7. Inspect and clean vents, partitions, and doors inside and out daily.

8. Replenish all soap and paper supplies.

9. Dust all low horizontal surfaces including desks, filing Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 34 of 103 cabinets, and counters.

10. Spot clean all walls, filing cabinet doors and vents.

11. Vacuum all carpets thoroughly.

12. Spot clean carpets for spills as needed.

WEEKLY SERVICES

1. Hand-sweep carpet edges.

2. Clean telephones.

3. Clean all windowsill ledges.

4. Clean glass doors and all glass surfaces to 7’ height.

MONTHLY SERVICE

1. Wash all exterior/interior windows over 7’ in height.

QUARTERLY SERVICE

1. Seal restroom floors every three months.

2. Clean all blinds once every three months.

TWICE-YEARLY SERVICE

1. Machine scrub floors every six months.

4. CAMERON COMMUNITY CENTER
Working hours shall be between the hours of 10:00p.m. and 7:00a.m. MondayFriday (except holidays)

DAILY SERVICES

1. Clean Floors - Wood and Tile Floors
a. The Contractor shall sweep the floor with a treated dust mop to remove all dirt, trash dust, particles and other debris.
b. The Contractor shall wet mop the floor.
c. When wet mopping, ensure that the floors, walls,
baseboards, corners, thresholds, and adjacent surfaces
are free of dirt, dust, streaks, spills, stains, gum, tar and other foreign substances, including those resulting from the cleaning equipment and the splashing of cleaning
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City of West Covina Request for Proposals Page 35 of 103 solution.
d. The Contractor shall operate the City provided floor machine
e. The Contractor shall ensure that all cleaning solutions have been mixed according to the manufacturer’s
directions and are appropriate for the floor surface.
f. The Contractor shall take the necessary precautions, including the display of “wet floor” signs to ensure that facility users are advised of wet/slippery floors (if
cleaning occurs during course of business hours).

2. Clean Carpets and Floor Mats
a. The Contractors shall use a carpet vacuum to remove
surface soil and embed frit from all areas accessible to the carpet vacuum.
b. Chairs, tables and trash receptacles shall be moved to vacuum underneath and then replaced to their original
positions.
c. The beater bars or brush of the vacuum shall be adjusted to correspond to the pile height of the carpet.
d. A tank vacuum with a crevice tool and brush attachment shall be used to clean all areas that are inaccessible to the carpet vacuum.
e. The Contractor shall also spot clean the carpet to remove all spots, stains, gum, tar and other foreign substances. f. When spot cleaning carpet, the Contractor shall use a spray foam product and soft bristle brush to agitate the area; any dampness shall be removed by blotting area
with a clean soft cloth.
g. The City’s Representative(s) shall be notified if spotcleaning effort is not effective.

3. Clean Furnishings
a. The contractor shall spot clean all furnishings (i.e., furniture) such as desks, chairs, cabinets, display cases, counters, tables and other furnishings.
b. Furnishings shall be free of dust particles, lint, litter, stains, smudges, fingerprints, gum, tar, grease, marks, streaks and foreign substances.
c. Item on top of the furnishings shall not be disturbed during the cleaning procedure.

HARD SURFACE
Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 36 of 103 a. The Contractor shall use a sponge, clean cloth and spray bottle of neutral detergent or glass cleaner to clean
washable surfaces.
b. Glass cleaners shall be used on all glass surfaces. After cleaning, these surfaces shall have a clean uniform
appearance, free from streaks, spots and other evidence of removable soil.

CLOTH
a. The Contractor shall use a lightly treated dust cloth, tank vacuum with dusting attachment, or a combination
thereof to clean surfaces.
b. When spot cleaning cloth furnishings, the Contractor shall use a spray foam product and a sponge to agitate
the area; any dampness shall be removed by blotting the area with a clean soft cloth.
c. The Contractor shall notify the City’s Representative(s) if spot-cleaning effort is not effective.

4. Empty and Clean Trash Receptacles
a. The Contractor shall empty all trash receptacles on
breezeway (6) and in the facility.
b. Liners shall be replaced when soiled or torn; existing liners, which are clean, shall be reused.
c. The interior and exterior of trash receptacles will be free of trash, liquids, gum, grease and other foreign
substances.
d. Those trash receptacles, which are found to contain
liquids or other substances, which could be the cause of odors, shall be washed out and dried before new liners
are installed.
e. The removed trash shall be placed into the dumpster
located in the exterior trash enclosure.
f. No trash shall be left on the ground around the enclosure. g. The trash enclosure shall remain closed at all times.

5. Clean Kitchen
a. All marks, stains, graffiti, dirt, dust, food particles and other foreign substances shall be removed.
b. Clean & Disinfect all sinks, appliances and drains.

6. Clean Drinking Fountains
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City of West Covina Request for Proposals Page 37 of 103 a. The Contractor shall use an approved germicidal
cleaner, applied from a spray bottle, a clean sponge,
small brush or mildly abrasive pad to remove all hard
water deposits, obvious soil, steaks, smudges and
foreign substances from and polish the drinking fountain and entire cabinet.

7. Clean Restrooms
Clean & Disinfect Sinks, Toilet, Urinals, Exposed Plumbing a. The Contractor shall use a germicidal cleaner, a clean sponge, abrasive pad, toilet bow mop, clean cloth and
cleanser to completely clean and disinfect all exposed
surfaces of sinks, toilets and urinals.
b. The cleaning shall include the drying and polishing of all exposed hardware.
c. The interior of toilets, toilet seats and urinals shall be scoured using a bowl mop.
d. After the interior has been scoured, the fixture shall be flushed and the water level followed down with a circular motion of the bowl mop to remove stains and chemical
rings.
e. After cleaning, the fixtures shall present a clean, bright, shiny appearance.
f. Fixtures shall be free of all visible soils, scales, blood, feces, rust stains, scum, streaks, oily smudges, mineral deposits and other foreign substances.
g. All metal hardware such as flush valves, faucets valves and faucets shall be wiped dry and be free of streaks,
spots, stains, etc.
h. Inoperable or broken fixtures shall be immediately
reported to the City’s Representative(s).
i. Clear Sink, Urinal & Toilet Stoppage
j. The Contractor shall attempt to clear all toilets and sink stoppages by use of a plunger or other device.
k. If the attempt to clear the stoppages(s) has failed the Contractor shall post an “out of order” sign on the sink, urinal. Or toilet stall door and shall immediately report the stoppage(s) to the City’s Representative(s).
l. Where main sewer stoppages occur, the Contractor
shall secure/lock the restroom and post an “Out of
Order” sign on the restroom door and shall immediately
report the stoppage(s) to the City’s Representative(s).

Clean Walls, Partitions, Door Frames & Door Handles
a. The Contractor shall spot clean walls, partitions
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City of West Covina Request for Proposals Page 38 of 103 (including the interiors of toilet stalls and doors), door frames and door handles and remove all dirt, cobwebs,
graffiti, marks, blood, feces, smears, and other foreign substances.
b. The Contractor shall ensure that water/cleaning fluids are not spilled onto floors or adjacent areas.

Clean & Disinfect Restroom Floors
a. The Contractor shall begin cleaning/disinfecting
operation by sweeping floor with dust mop or broom to
remove all dirt, dust, trash, particles and other debris. b. The Contractor shall also remove all feces, blood and vomit.
c. The Contractor shall then thoroughly wet the entire floor utilizing a wet mop, mop bucket and wringer and a
germicidal cleaner solution.
d. The solution must be allowed to remain on the floor for three to four minutes and shall then be agitated using a scrub brush or an abrasive pad.
e. The cleaning solution shall be removed using a wellwrung mop. f. After being mopped, the floor shall have a uniform
appearance with no streaks, film swirl marks, detergent residue, mop strings, and grout should be free of mold or other evidence of soil.
g. The Contractor shall ensure that there are no splash marks or mop steaks left in fixtures, walls, baseboards, trash receptacles, etc.

Clean Mirrors
a. The Contractor shall remove all soil, streaks, smudges, film and foreign substance, from the mirror surface and frame, using glass cleaning solution and a cloth.
b. Mirror surface shall be polished with a clean, dry cloth so that it presents a uniform, clean appearance.

Fill & Clean Paper Dispensers
a. The Contractor shall refill all paper towel. Toilet tissue and other paper dispensers to the proper fill level.
b. The Contractor shall also wipe clean the dispensers and adjacent surfaces with a germicidal cleaner to remove
handprints and smudges.

Fill & Clean Soap Dispensers
a. The Contractor shall refill all soap dispensers to their proper fill level, in accordance with manufacturer’s
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City of West Covina Request for Proposals Page 39 of 103 instructions.
b. The Contractor shall also wipe clean the dispensers and adjacent surfaces, removing any spills created during
the refilling process.
c. The Contractor shall check all dispensers for proper operation and shall report inoperative devices to the
City’s Representative(s).

8. Clean Exterior Remove Litter
a. The Contractor shall collect and remove all litter and debris located in the shrub bed, entrances and patio.
b. Litter/debris shall be placed into the dumpster/container located in the exterior trash enclosure.
c. No trash should be left on the ground around the
enclosure or on top of the enclosure.
d. The trash enclosure shall remain closed at all times.

Sweep Entryways & Walkways
a. The Contractor shall sweep the entryways and
walkways to remove all dirt, debris, and litter.
b. The Contractor shall ensure that sweeping operations do not pose a hazard to people using the facility.

9. Clean Bleachers Remove Litter
a. The Contractor shall sweep and pick up any trash that is left in the bleachers.
b. The Contractor will spot mop as needed to remove
any spills, stains, debris, or foreign substances.

WEEKLY SERVICES

1. Clean Glass Doors, Partitions, Panels, and Windows
a. The contractor shall spot clean glass doors, glass
partitions, glass panels and windows.
b. The glass surfaces shall be cleaned completely and
dried, and shall present a uniform appearance free of all dirt, smudges, fingerprints, graffiti, streaks and foreign substances.
c. The contractor shall dust and spot clean all window
frames below 6 feet so that they are free of dust, dirt, grime, streaks, graffiti and other foreign substances.

2. Clean Walls
a. The Contractor shall spot clean walls, including light switches to remove all dirt, cobwebs, mold, graffiti,
grease, marks, stains, smears, and other foreign
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City of West Covina Request for Proposals Page 40 of 103 substances.
b. The Contractor shall ensure that the walls are uniformly clean, that there are no smudge spots on the wall
overlaps and that water/cleaning fluids are not spilled onto floors or adjacent areas.

3. Clean Doors, Door Frames and Entrance Glass
a. The Contractor shall spot clean doors, including door handles, and door frames to remove all dirt, cobwebs,
mold, graffiti, grease marks, smears, mold, and other
foreign substances.
b. The Contractor shall ensure water/ cleaning fluids are not spilled onto floors or adjacent areas.
c. The Contractor shall clean the interior sides of the entrance glass, entrance doors and adjacent windows.
d. The surfaces shall be completely cleaned and dried,
and shall present a uniform appearance free of all dirt, grime, smudges, streaks and foreign substances.

4. Dust Clocks, Telephones and TV’s
a. The Contractor shall dust/polish, with a treated cloth, the exterior surfaces of all clocks, telephones and TV’s. b. These items shall be free of dust, dirt, smudges and fingerprints.

5. Dust All Furniture and Other Low Surfaces
a. The Contractor shall dust low surfaces.
b. These items shall be free of dust, dirt, cobwebs and other foreign substances.

6. Dust Ledges and Other High Surfaces
a. The Contractor shall dust ledges and other high
surfaces.
b. These items shall be free of dust, dirt, cobwebs and other foreign substances.

7. Wash Walls, Partitions, Doors Frames & Door Handles
a. The Contractor shall thoroughly and completely wash all walls, partitions (including the interiors of toilet stalls), doorframes and door handles with germicidal cleaner.
b. The Contractor shall ensure that the walls and partitions are uniformly clean, there are no smudges, spots on the wall overlaps and that water/cleaning fluid are not spilled onto floors or adjacent areas.
c. After washing, the walls, partitions, doorframes and door handles shall present a clean bright, shiny
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City of West Covina Request for Proposals Page 41 of 103 appearance.

MONTHLY SERVICES

1. Buff Floors TILE
a. This operation shall take place after the daily cleaning operation has been completed.
b. Excessive wax build-up shall not be present on floor, corners or baseboards.
c. The Contractor shall take the necessary precautions, including the display of “wet floor” signs to ensure that facility user are advised of wet/slippery floors (if cleaning occurs during course of business hours).

SEMI-ANNUAL SERVICE

1. Cleaning Ceiling Vents & Lights Fixtures
a. The Contractor shall notify the City’s Representatives(s) of burned out light bulbs and missing or damaged ceiling tiles.

2. Restrooms
Strip and Seal Floors
a. No wax shall be applied
b. The floor shall be free of dirt, dust, mold, streaks, marks, stains, cleaning application residue, watermarks,
cleaning equipment marks, splashing and dissolved and
finished particles and other foreign substances.
c. Walls, baseboards and other surfaces shall be clean and free of watermarks, cleaning equipment marks and
splashing.
d. The Contractor shall ensure that baseboards, tile fixtures and other equipment are not damaged, disfigured or
impaired.
e. The Contractor shall take the necessary precautions, including the display of “wet floors” signs to ensure that facility user are advised of wet/slippery floors (if cleaning occurs during course of business hours).

ANNUAL

1. Clean Glass Doors, Partitions, Panels & Windows
a. The Contractor shall thoroughly clean Venetian blinds with a mild detergent, so that they are free of dust, grime and other foreign substances.

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2. Clean Ceiling Vents and Light Fixtures
a. The Contractor shall clean the gymnasium vents and light fixtures to remove all dirt, particles and cobwebs.
b. The Contractor shall notify the City’s Representatives(s) of burned out light bulbs.

7. SHADOW OAK RECREATION CENTER
Working hours shall be between the hours of 10:00p.m. and 7:00a.m. SundayThursday (except holidays) DAILY SERVICE – Five (5) days a week (Except holidays)

1. Empty trash cans outside of the building, but inside the gates and waste containers, wipe clean and reline, if necessary, and remove trash to designated area.

2. Sweep all vinyl floors using the dustless method.

3. Vacuum and spot clean all carpeting.

4. Clean, disinfect and polish drinking fountain.

5. Wash splash marks from wall around drinking fountain.

6. Wash entrance doors (both sides) and polish metal.

7. Spot clean doors, door frames, and around light switches, removing all smudges.

8. Dust all furniture, file cabinets, window partition sills, ledges, etc.

9. Wash and polish all counter tops.

10. Spot clean interior windows and sills.

WEEKLY SERVICE – Once (1) a week

1. Sweep, remove black marks and buff vinyl floors.

2. Clean and disinfect ear and mouthpieces of all telephones

3. Wax executive furniture with furniture polish.

4. Spot Clean walls
SEMI-MONTHLY SERVICE – Twice (2) a month

1. Wax vinyl floors with approved applicant.

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City of West Covina Request for Proposals Page 43 of 103 MONTHLY SERVICE – Once (1) a month

1. Perform high dusting (i.e. door sashes and tops of partitions).

2. Clean baseboards and kick plates of dust and all marks.

3. Brush down wall and /or ceiling vents.

4. Wash windows (interior and exterior).

QUARTERLY SERVICE – once (1) every three (3) months

1. Machine strip floors.

2. Refinish and buff vinyl floors.

RESTROOM DAILY SERVICE – Five (5) days per week (except holidays)

1. Clean and wash with disinfectant bowls, urinals, and sinks and replace deodorant as required.

2. Clean and wash with disinfectant both sides of toilet seats.

3. Clean and polish all mirrors and chrome fixtures.

4. Clean and wash with disinfectant Pullman tops, partitions (undersides and tops) and doors.

5. Refill tissue, hand towel, seat cover and soap dispensers.

6. Spot clean walls (including partitions).

7. Empty and wash with disinfectant sanitary napkin containers and replace inserts.

8. Empty waste containers and wipe outside clean.

9. Sweep and mop floors with a disinfectant cleaner.

BI-WEEKLY SERVICE – Twice (2) a week

1. Pour hot water down floor drain to prevent sewer gases from escaping.

2. Pour hot
water down
sinks.

MONTHLY SERVICE – Once (1) a month

1. Brush and wash vents.

2. Wash area around vents.

QUARTERLY SERVICE – Once (1) every Three (3) months

1. Machine strip floors with disinfectant cleaner.

2. Refinish and buff all floors.

8. PALM VIEW RECREATION CENTER
Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 44 of 103 Working hours shall be between the hours of 8:00p.m. and 6:00a.m. Monday - Friday (except holidays)

DAILY SERVICES

1. Empty waste containers, wipe clean and reline, if necessary, and remove trash to designated area.

2. Sweep all vinyl floors using the dustless method.

3. Vacuum and spot clean all carpeting.

4. Clean, disinfect and polish drinking fountain.

5. Wash splash marks from walls around drinking fountain.

6. Wash entrance doors (both sides) and polish metal.

7. Spot clean doors, door frames, and around light switches, removing all smudges.

8. Dust all furniture, file cabinets, window partition sills, ledges, etc.

9. Wash and polish all counter tops.

10. Spot clean interior windows and sills.

WEEKLY SERVICE

1. Sweep, remove black marks and buff vinyl floors.

2. Clean and disinfect ear and mouthpieces of all telephones.

3. Wax executive furniture with furniture polish. (Shall be cleared of miscellaneous articles).

4. Spot clean walls.

SEMI-MONTHLY SERVICE

1. Sweep floors.

2. Wax vinyl floors with approved applicant.

MONTHLY SERVICE

1. Perform high dusting (i.e. door sashes and tops of partition).

2. Clean baseboards and kick plates of dust and all marks.

3. Brush down wall and/or ceiling vents.

4. Wash windows (interior and exterior).

QUARTERLY SERVICE

1. Machine strip floors.

2. Refinish and buff vinyl floors.

RESTROOM DAILY SERVICE
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City of West Covina Request for Proposals Page 45 of 103

1. Clean and wash with disinfectant bowls, urinals and
sinks and replace deodorant as required.

2. Clean and wash with disinfectant both sides of toilet seats.

3. Clean and polish all mirrors and chrome fixtures.

4. Clean and wash with disinfectant Pullman tops,
partitions (undersides and tops) and doors.

5. Refill tissue, hand towel, seat cover and soap dispensers.

6. Spot clan walls (including partitions).

7. Empty and wash with disinfectant sanitary
napkin containers and replace inserts.

8. Empty waste containers and wipe outside clean.

9. Sweep and mop floors with disinfectant cleaner.

BI-WEEKLY SERVICE

1. Pour hot water down floor drain to prevent
sewer gases from escaping.

2. Pour hot water down sinks.

MONTHLY SERVICE

1. Brush and wash vents.

2. Wash area around vents.

QUARTERLY SERVICE

1. Machine strip floors with disinfectant cleaner.

2. Refinish and buff all floors.

9. SENIOR CITIZENS CENTER
Working hours shall be between the hours of 10:00p.m. and 7:00a.m. MondayFriday (except holidays)

DAILY SERVICE

1. Empty waste containers, wipe clean and reline, if
necessary, and remove trash to designated area.

2. Sweep all vinyl floors using the dustless method.

3. Vacuum and spot clean all carpeting.

4. Clean, disinfect and polish drinking fountain.

5. Wash splash marks from walls around drinking fountain.

6. Wash entrance doors (both sides) and polish metal.

7. Spot clean doors, door frames, and around light
switches, removing all smudges.

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City of West Covina Request for Proposals Page 46 of 103

8. Dust all furniture, file cabinets, window partition sills, ledges, etc.

9. Sweep and wipe down benches in breezeway

10. Wash and polish all counter tops

11. Spot clean interior windows and sills.

RESTROOM DAILY SERVICE

1. Clean and wash with disinfectant bowls, urinals, and sinks and replace deodorant as required.

2. Clean and wash with disinfectant both sides of toilet seats.

3. Clean and polish all mirrors and chrome fixtures.

4. Clean and wash with disinfectant Pullman tops, partitions (undersides and tops) and doors.

5. Refill tissue, hand towel, seat cover and soap dispensers. 6 Spot clean walls (including partitions).

7. Empty and wash with disinfectant sanitary napkin containers and replace inserts.

8. Empty waste containers and wipe outside clean.

9. Sweep and mop floors with disinfectant cleaner.

WEEKLY SERVICE

1. Sweep, remove black marks and buff vinyl floors.

2. Clean and disinfect ear and mouthpieces of all telephones.

3. Wax executive furniture with furniture polish (Shall be cleared of miscellaneous articles).

4. Spot clean walls.

5. Disinfect door handles

6. Remove cobwebs from breezeway

SEMI-MONTHLY SERVICE

1. Wax vinyl floors with approved applicant.

MONTHLY SERVICE

1. Perform high dusting (i.e. – door sashes, and tops of partitions).

2. Clean baseboards and kick plates of dust and all marks.

3. Brush down wall and/or ceiling vents.

4. Wash windows (interior and exterior).

QUARTERLY SERVICE

1. Machine strip floors.

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City of West Covina Request for Proposals Page 47 of 103

2. Refinish and buff vinyl floors.

3. Power wash Breezeway and all main entrances

BI-WEEKLY SERVICE

1. Pour hot water down floor drain to prevent sewer gases from escaping.

2. Pour hot water down sinks.

MONTHLY SERVICE

1. Brush and wash vents.

2. Wash area around vents.

QUARTERLY SERVICE

1. Machine strip floors with disinfectant cleaner.

2. Refinish and buff all floors.

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City of West Covina Request for Proposals Page 48 of 103

10. WEST COVINA SPORTSPLEX
Working hours shall be nightly after regular business hours Monday – Sunday (Except holidays)

MAIN BUILDING

DAILY SERVICES

1. Empty waste containers, wipe clean and reline, if necessary, and remove trash to designated area.

2. Sweep all vinyl floors using the dustless method.

3. Vacuum and spot clean all carpeting.

4. Clean, disinfect and polish drinking fountain.

5. Sweep all tile floors with a chemically treated dust mop.

6. Wash entrance doors (both sides) and polish metal.

7. Spot clean doors, door frames, and around light switches, removing all smudges.

8. Dust all furniture, file cabinets, window partition sills, ledges, etc.

9. Wash and polish all counter tops.

10. Spot clean interior windows and sills.

11. Clean kitchen and kitchenette daily.

12. Wipe down appliances like coffee makers, toasters, and microwaves

RESTROOM DAILY SERVICES

1. Clean and wash with disinfectant bowls, urinals, and sinks and replace deodorant as required.

2. Clean and wash with disinfectant both sides of toilet seats.

3. Clean and polish all mirrors and chrome fixtures.

4. Clean and sanitize all sinks

5. Clean and wash with disinfectant Pullman tops, partitions (undersides and tops) and doors.

6. Refill tissue, hand towel, seat cover and soap dispensers.

7. Spot clean walls (including partitions).

8. Empty and wash with disinfectant sanitary napkin containers and replace inserts.

9. Empty waste containers and wipe outside and reline, if necessary, and remove trash to designated area.

10. Sweep and mop floors with a disinfectant cleaner.

11. Wipe down walls

WEEKLY SERVICES

1. S
weep, remove black marks and buff vinyl floors.

2. C
lean and disinfect ear and mouthpieces of all telephones.

3. W
ax executive furniture with furniture polish. (Shall be cleared of miscellaneous articles).

4. C
lean air vents weekly.

MONTHLY SERVICES

1. Perform high dusting, i.e. door sashes and tops of partition.

2. Clean baseboards and kick plates of dust and all marks.

3. Brush down wall and/or ceiling vents.

4. Wash all windows (interior and exterior).

SEMI-MONTHLY SERVICES
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1. Polish all wooden interior doors.

2. Wax vinyl floors with approved applicant.

QUARTERLY SERVICES

1. Machine strip floors.

2. Refinish and buff vinyl floors.

ANNUAL SERVICE
Shampoo all carpets
RESTAURANT BUILDINGS – TWO (2) RESTAURANTS

DAILY SERVICES

1. Wipe down walls

2. Brush, scour, and clean grill

3. Clean griddle, range, flattop, and fryer

4. Wipe down other appliances like coffee makers, toasters, and microwaves

5. Clean and disinfect all prep surface areas, including cutting boards

6. Clean and soak all beverage dispenser heads at soda stations

7. Clean and sanitize all sinks

8. Wipe down surfaces of ice machine

9. Refill any soap or hand sanitizer dispensers

10. Sweep and mop all floors, including walk-ins refrigerators and storage areas

11. Empty waste containers, wipe clean and reline, if necessary, and remove trash to designated area.

12. Wipe down and sanitize down recycling bins

13. Empty and clean grease traps

14. Sweep all vinyl floors using the dustless method.

15. Vacuum and spot clean all carpeting.

16. Mop floors with a disinfectant cleaner.

17. Clean, disinfect and polish drinking fountain.

18. Wash entrance doors (both sides) and polish metal.

19. Spot clean doors, door frames, and around light switches, removing all smudges.

20. Dust all furniture, window partition sills, ledges, etc.

21. Wash and polish all counter tops.

22. Spot clean interior windows and sills.

WEEKLY SERVICES

1. Clean ovens

2. Delime faucet heads and sinks Boil out deep fryer

3. Use drain cleaner on floor drains

4. Clean and sanitize walk-in refrigerators and storage areas

5. Clean anti-fatigue mats

MONTHLY SERVICES
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1. Clean behind oven, stoves, and fryers (the hotline)

2. Run cleaning and sanitizing chemicals through coffee and espresso machine

3. Burn, clean, and sanitize ice machines

4. Empty, clean, and sanitize freezers

5. Clean refrigerator coils

6. Clean and sanitize walls and ceiling

7. Clean restaurant vent hoods

8. Replace or discard any pest traps

ANNUAL SERVICE
Shampoo all carpets

RESTROOM DAILY SERVICES

1. Clean and wash with disinfectant bowls, urinals, and sinks and replace deodorant as required.

2. Clean and wash with disinfectant both sides of toilet seats.

3. Clean and polish all mirrors and chrome fixtures.

4. Clean and sanitize all sinks

5. Clean and wash with disinfectant Pullman tops, partitions (undersides and tops) and doors.

6. Refill tissue, hand towel, seat cover and soap dispensers.

7. Spot clean walls (including partitions).

8. Empty and wash with disinfectant sanitary napkin containers and replace inserts.

9. Empty waste containers and wipe outside and reline, if necessary, and remove trash to designated area.

10. Sweep and mop floors with a disinfectant cleaner.

11. Wipe down walls
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HOLIDAYS
Except for the Police Department which requires service 365 days per year and the West Covina Sportsplex requiring service during days the Sportsplex is open to the public, the City will not require janitorial service on those holidays which are observed by the City: - New Year’s Day - Presidents’ Day - Memorial Day - Independence Day - Labor Day - Thanksgiving Day - Friday after Thanksgiving - Day before Christmas (Christmas Eve) - Christmas Day Janitorial Services for City Facilities
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SUPPLIES AND EQUIPMENT
The contractor shall provide all supplies: to carry out the cleaning and disinfecting operations within this contract, and shall meet the standards of the Federal Occupational Safety and Health Act and Cal OSHA. The contactor shall submit a written list of all supplies (i.e. cleaners, disinfectants, floor cleaners, polish and wax) with attached Safety Data Sheets (SDS) intended for use in the buildings for approval by the City of West Covina. Adequate quantities of properly labeled supplies (minimum of two weeks inventory) must be on-hand to perform cleaning at all times. Contractor to provide an estimated monthly usage along with an estimated monthly cost of supplies.

The City of West Covina shall furnish: paper goods, trash can liners and hand soap.

These include kitchen and bathroom paper towels, plastic trash bags (assorted sizes), toilet tissue, sanitary napkins, tampons, toilet seat liners and hand soap.

The contractor shall provide all equipment: to carry out cleaning operations. The use of HEPA filter vacuums is a requirement throughout the building. Dust mops are to be cleaned and treated prior to each day’s use. All equipment listed in contractor’s proposal is to be for daily cleaning requirements. All equipment must be in good working order and ready for inspection. In case of equipment breakdown, forty-eight (48) hours shall be allowed for repair or replacement.

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QUALITY STANDARDS
.

CLEANING TERMS
BUFF: Machine buff with proper brush or pad to maintain floor luster.

CARPET CLEANING METHOD: Hot water carpet extractor with power head.

CLEAN: Remove all dirt and marks with approved
cleaner.

DISINFECTANT: A germicidal cleaner for germ control.

DE-SCALING/ ACID CLEANING: Use an approved hydrochloric acid, not exceeding 10% in solution.

DUST: Remove all loose dirt and debris.

MACHINE STRIP: Remove all surface dirt, stains and wax with warm water, floor cleaner or disinfectant cleaner and
dry with vacuum or mop.

MOP: Remove all surface dirt and stains with a mop
and warm water containing floor cleaner or
disinfectant cleaner.

POLISH: Machine polish, or rub with dry cloth.

REFINISH: Apply proper floor coating (wax or polish or
sealer) and buff.

SWEEP: Remove all loose dirt and litter with sweeping
tool (dustless type) on smooth concrete or tiled
floors, on other hard floors, use hair floor brush.

VACUUM: Remove all surface and embedded dirt with a
suction cleaner.

WASH: Remove all dirt, stains and marks with approved
cleaner, rinse and dry.

SPECIAL NEEDS: Cleaning requests by authorized City
personnel, such as, cleaning up spills and
providing paper goods in restrooms.

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CLEANING STANDARDS, GENERAL
The following cleaning standards shall be used on a daily basis, and during the quality assurance inspection process to assess the quality of cleaning performance per attribute in the nine major areas identified on the Quality Assurance Form.

ENTRANCES
Mats and Carpet – Shall be free of spots, stains, gum, dirt and debris without causing damage. They shall appear visibly and uniformly clean. Adjoining walls, doors and floor surfaces shall also be free of dust, soil and cleaner residue.

Glass and Metal Surfaces – Shall appear streak-free, film-free and uniformly clean. This shall include the elimination of dust and soil from sills and ledges and AC / heat registers.

Corners/Thresholds – Shall be free of dust, dried-soil, crud, finish build-up and debris.

These areas shall appear visibly and uniformly clean. This shall include the elimination of cleaner residue and dried-slurry.

Floors and Cove Bases – Shall be free of dust, dried-soil, gum, spots, stains and debris.

Hard/resilient floors shall have multiple coats of a slip-resistant seal and finish applied that results in a consistent high-shine. Floors shall appear visibly and uniformly smooth and clean. This shall include the elimination of dust streaks, lint, standing water, cleaner residue and film.

Walls and Fixtures - Shall be free of dust, dried-soil and soil without causing damage.

These surfaces shall appear visibly and uniformly clean. This shall include the elimination of film, streaks and cleaner residue.

ELEVATORS
Tracks – Shall be free of dirt and debris. Tracks shall appear visibly clean. This shall include the elimination of standing water from wet cleaning procedures.

Lights – Shall be free of dust and soil and stains without causing damage. Diffusers shall remain in proper position; they shall appear streak-free, film free and uniformly clean.

Walls and Doors – Shall be free of dust, soil, spots and stains without causing damage.

They shall appear streak-free, film-free and uniformly clean. Bright metal surfaces shall be polished to a high-shine. This shall include the elimination of polish residue and/or film.

Floors, Carpet and Cove Bases – Shall be free of dust, dried soil, soil, gum, spots, stains and other debris. Hard resilient floors shall have multiple coats of a slip resistant seal and Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 55 of 103 finish applied that results in a consistent high-shine. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. This shall include the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects.

CORRIDORS
Floors and Cove Bases – Shall be free of dust, dried-soil, gum, spots, stains and debris.

Hard/resilient floors shall have multiple coats of a slip-resistant seal and finish applied that results in a consistent high-shine. Floors shall appear visibly and uniformly smooth and clean. This shall include the elimination of dust streaks, lint, standing water, cleaner residue and film.

Walls and Fixtures – Shall be free of dust, dried-soil and gum without causing damage.

These surfaces shall appear visibly and uniformly clean. This shall include the elimination of film, streaks and cleaner residue.

Water Fountains – Shall be free of dust, soil, scale and water spots without causing damage. Bright work shall be disinfected and polished to a streak-free shine. Water fountains shall appear visibly and uniformly clean. This shall include the elimination of film and cleaner residue.

STAIRWELLS
Rails and Walls – Shall be free of dust, dried-soil and scale without causing damage.

These surfaces shall appear visibly and uniformly clean. This shall include the elimination of film, streaks, lint, standing water, or cleaner residue.

Steps and Landings – Shall be free of dust, dried soil, gum, stains and debris. This shall include risers and cove bases. These surfaces shall appear uniformly smooth and clean without leaving dust streaks, lint, standing water, cleaner residue or film.

RESTROOMS / SHOWERS / LOCKER ROOMS
Maintaining a sanitary restroom / shower / locker room environment that minimizes the possibility of cross-infection, is considered of the highest priority by the department.

Sanitation levels shall be closely monitored by inspection, and approved testing methods.

Health and safety code standards, Title 11, Section 1124.

Dispensers – Shall be free of dust, dried-soil, bacteria and soil without causing damage.

These surfaces shall appear visibly and uniformly clean and disinfected. This shall include the elimination of film, streaks and cleaner residue. Dispensers shall be refilled when required with proper expendable supply item.

Hardware – Shall be free of dust, soil, bacteria and scale without causing damage. Bright work shall appear visibly and uniformly clean, disinfected and polished to a streak-free Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 56 of 103 shine. This shall include the elimination of polish residue.

Sinks – Shall be free of dust, soil, bacteria, cleaner residue and soap film without causing damage. They shall appear visibly and uniformly clean, and polished-dry. This shall include the elimination of streaks, embedded soil, film, and water spots.

Mirrors – Shall be free of dust and soil. Mirrors and surrounding metal framework shall appear streak-free, film-free and uniformly clean.

Toilets and Urinals – Toilets, toilet seats and urinals shall be free of dust, bacteria, soil, organic matter, cleaner residue and scale without causing damage. These fixtures shall appear visibly and uniformly clean, disinfected and polished-dry. This shall include the elimination of streaks, film and water spots.

Partitions – Shall be free of dust, soil and graffiti without causing damage. Partitions shall appear visibly and uniformly clean, disinfected and polished-dry. This shall include the elimination of streaks and film.

Shower Stalls – Shall be free of dust, soil, bacteria, cleaner residue and soap film without causing damage. They shall appear visibly and uniformly clean, disinfected and polisheddry. Acid wash and scrub if required. This shall include the elimination of streaks, film, embedded soil, and water spots.

Waste Containers – Contents shall be removed from waste containers and can liners replaced. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. This shall include the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container.

Walls and Doors – Shall be free of dust, soil, spots and stains without causing damage.

These surfaces shall appear visibly and uniformly clean/disinfected. This shall include the elimination of film, streaks and cleaner residue. Ceramic walls and wainscots; and metal kick plates, handles and push plates on doors shall also be polished-dry.

Floors and Baseboards – Shall be free of dust, soil, gum, stains and debris. Floors shall have multiple coats of a slip-resistant seal/finish applied that results in a consistent shine.

Floors and cove bases shall appear visibly and uniformly clean and disinfected. This shall include the elimination of dust streaks, lint, standing water, cleaner residue and film.

Air Vents – Shall be free of dust and soil. This also pertains to air distribution units and exhaust vents. They shall appear visibly and uniformly clean.

Light Fixtures – Shall be free of dust and soil without causing damage. Diffusers shall remain in proper position, and appear streak-free and uniformly clean.

OFFICES
Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 57 of 103 Furniture and Equipment – Shall be free of dust, dried-soil and soil without causing damage. They shall appear visibly and uniformly clean. This shall include the elimination of cleaner residue, streaks and film.

Telephones – Shall be free of dust and soil. They shall be uniformly clean, disinfected and polished-dry.

Lamps – Shall be free of dust, dried-soil and soil without causing damage. Lamps shall appear visibly and uniformly clean. This shall include the elimination of streaks, cleaner residue and film.

Walls and Doors – Shall be free of dust, dried-soil and soil without causing damage.

These surfaces shall appear visibly and uniformly clean. This shall include the elimination of film, streaks and cleaner residue.

Waste Containers - Contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. This shall include the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container.

Partitions – Shall be free of dust, soil without causing damage. Partitions shall appear visibly and uniformly clean. This shall include the elimination of streaks, film and cleaner residue.

Air Vents – Shall be free of dust and soil. This also pertains to air distribution units and exhaust vents. They shall appear visibly and uniformly clean.

Floors, Carpet and Baseboards – Shall be free of dust, dried-soil, soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of a slip-resistant seal and finish applied that results in a consistent high-shine. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. This shall include the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects.

WINDOWS
Glass – Shall be free of dust and soil without causing damage. This also applies to adjoining sills, blinds and framework. They shall appear visibly and uniformly clean. This shall include the elimination of streaks, film and cleaner residue.

MISCELLANEOUS
Kitchenettes – Refrigerators, microwaves, stoves and garbage disposals shall be cleaned and disinfected, free of embedded soil and organic matter. This shall include the elimination of streaks, film and cleaner residue. Sinks shall be free of dust, soil, cleaner Janitorial Services for City Facilities
City of West Covina Request for Proposals Page 58 of 103 residue, soap film, and water spots. This shall include the elimination of foodstuff and removing an offensive odor. Ovens will be cleaned with oven cleaner. Bright work shall be cleaned and polished.

Air Vents – Shall be free of dust and soil. This also applies to air distribution units and exhaust vents. They shall appear visibly and uniformly clean.

Light Fixtures – Shall be free of dust and soil without causing damage. Diffusers shall remain in proper position, and appear streak-free and uniformly clean.

JANITORIAL CLOSETS AND STOREROOM
Shelves – Shall be free of dust, dried-soil and soil. They shall appear visibly and uniformly clean. Supplies and equipment shall be stocked/organized, neatly on shelves.

Janitor Carts – Shall be free of dust, dried-soil and soil. They shall appear visibly and uniformly clean. Supplies and equipment stored on janitor carts shall also be free of dust and soil, and organized, neatly.

Walls – Shall be free of dust, dried-soil and soil without causing damage. They shall appear visibly and uniformly clean. This shall include the elimination of film, streaks and cleaner residue.

Utility sinks – Shall be free of dust, soil, cleaner residue, and soap film. Utility sinks shall appear visibly and uniformly clean. This shall include the elimination of streaks, embedded soil, film, and water spots. Bright work shall be cleaned, de-scaled and polished.

Floors – Shall be free of dust, dried soil, soil, gum, spots, stains and other debris. Hard resilient floors shall have multiple coats of a slip resistant seal and finish applied that results in a consistent high-shine. Floors shall appear visibly and uniformly smooth and clean.

This shall include the elimination of dust streaks, lint, standing water, cleaner residue and film.

Report any facility issues (repairs needed) to the City of West Covina Public Works Maintenance Division (626) 939-8458.

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ATTACHMENT F

CERTIFICATE OF INSURANCE
(AS OUTLINED IN ATTACHMENT H, SECTION 5, INSURANCE)

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CERTIFICATE OF INSURANCE

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ATTACHMENT G
W-9
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ATTACHMENT H

STATEMENT OF COMPLIANCE
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STATEMENT OF COMPLIANCE
The undersigned declares that the Proposal submitted to provide tree trimming and tree maintenance services, as described in, and in response to City of West Covina RFP No. __________, was prepared in strict compliance with the instructions, conditions, and terms listed in the RFP, Scope of Services and Draft Agreement, with exceptions listed below, if applicable. At least one box for each item must be checked.

RFP Instructions and
Terms & Conditions:

No Exceptions Taken Exceptions Taken
Scope of Services: No Exceptions Taken Exceptions Taken Draft Agreement: No Exceptions Taken Exceptions Taken
If any exceptions are taken, this Statement of Compliance shall include a narrative that identifies each item to which the Proposer is taking exception or is recommending change, including the suggested re-wording of the contractual obligations or suggested change in the RFP, and identifies the reasons for submitting the proposed exception or change. When available, please reference specific line-item numbers as provided in the RFP. The City reserves the right to rule as non-responsive and reject any Proposals that are not accompanied with the required documentation as described above.

Signature Date
Printed Name and Title Name of Proposer
[Attach a separate sheet(s) detailing each exception being taken, if applicable] Janitorial Services for City Facilities
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ATTACHMENT I

SAMPLE AGREEMEMT
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
.
1 [Name of Contractor]
Form Revised February 2023

CITY OF WEST COVINA

MAINTENANCE SERVICES AGREEMENT
WITH
_____________________________
FOR

THIS MAINTENANCE SERVICES AGREEMENT is made and entered into this __ day of _____, 20__ (“Effective Date”), by and between the CITY OF WEST COVINA, a municipal corporation (“City”), and ___________, a [the state where incorporation/organization occurred] [type of organization (corporation, limited liability company, limited partnership, etc.)] (“Contractor”).

RECITALS
A. City proposes to utilize the services of Contractor as an independent contractor to City to ______________, as more fully described herein; and B. Contractor represents that it has the experience and expertise to properly perform such services and holds all necessary licenses to practice and perform the services; and C. City and Contractor desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONTRACTOR

1.1. Scope of Services. Contractor shall provide the professional services described in the Scope of Services attached hereto as Exhibit “A,” incorporated herein by this reference.

1.2. Prevailing Wage Requirements.
(a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This project is a “public works” project and requires compliance with the Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
(b) Payment of Prevailing Wages. Contractor shall pay the prevailing wage Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
.
2 [Name of Contractor]
Form Revised February 2023
rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the project site(s). (c) Legal Working Day. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of the Labor Code regarding eight (8)-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City Twenty-Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.
(d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.
(e) Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776. (f) Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR.

1.3. Performance to Satisfaction of City. Contractor agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be conducted by the City Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
.
3 [Name of Contractor]
Form Revised February 2023
Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Compliance with Applicable Law. Contractor shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor’s performance under this Agreement.

1.5. Non-discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical or mental disability, medical condition, genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression, sexual orientation, or military or veteran status, except as permitted pursuant to Section 12940 of the Government Code.

1.6. Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in California Government Code Section 7924.510, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the court.

Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
.
4 [Name of Contractor]
Form Revised February 2023

2.0. COMPENSATION AND BILLING

2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit “B,” attached hereto and made a part of this Agreement (the “Fee Schedule”).

Contractor’s total compensation shall not exceed _______ Dollars ($ _____.00).

2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in the Contractor’s Proposal unless the City, prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2.3. Method of Billing. Contractor may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Contractor’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after the termination or expiration of this Agreement.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. The services shall be performed in strict compliance with the project schedule agreed to by City and Contractor, which may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Contractor is encountered, a time extension may be mutually agreed upon in writing by the City and the Contractor. The Contractor shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of ______ months, ending on __________, 20__, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. [Optional language if extensions permitted: Thereafter, this Agreement may be extended for a maximum of [spell out number (#) ] successive one (1) year periods. Such extensions, if any, will be evidenced by a written amendment to this Agreement.]

4.2. Notice of Termination. The City reserves and has the right and privilege of Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
.
5 [Name of Contractor]
Form Revised February 2023
canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Contractor. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.

If the Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement.

The City also shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on the Contractor, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of the City’s written notice of termination, within forty-five (45) days after the effective date of the notice of termination or the final invoice of the Contractor, whichever occurs last. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City.

Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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6 [Name of Contractor]
Form Revised February 2023

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company authorized to do business in California, with a current A.M. Best’s rating of no less than A:VII, and approved by City:
(a) Commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(a) Automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than One Million Dollars ($1,000,000) combined single limit for each accident.
(b) Workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease. Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

By execution of this Agreement, the Contractor certifies as follows:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work.

The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this section.

If the Contractor maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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7 [Name of Contractor]
Form Revised February 2023

5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor.
(b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: The Contractor’s insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the insurance provided by this policy.
(d) Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers. (f) Coverage Applies Separately: The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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8 [Name of Contractor]
Form Revised February 2023

5.5. Non-limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification.

6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement.

Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile or by Email; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONTRACTOR: IF TO CITY:
_________________
_________________
_________________
City of West Covina
1444 West Garvey Ave. South
West Covina, CA 91790
Tel: _________________ Tel: _________________
Fax: _________________
Email: ________________
Fax: _________________
Email: _______________
Attn: _________________ Attn: _________________

6.5. Attorneys’ Fees. If litigation is brought by any party in connection with this Agreement against another party, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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9 [Name of Contractor]
Form Revised February 2023
any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California 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 Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.

6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.

Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless. Contractor agrees to defend, with counsel of City’s choosing, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Contractor’s Proposal, which shall be of no force and effect.

6.9. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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10 [Name of Contractor]
Form Revised February 2023
to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.11. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Contractor. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Contractor. Contractor shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other related items as requested by City or its authorized representative, at no additional cost to the City. Contractor or Contractor’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents.

6.12. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.

6.13. Conflict of Interest. Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor’s services under this agreement, including, but not limited to, the Political Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections 1090-1092. Contractor covenants that none of Contractor’s officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any manner in violation of the Political Reform Act. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be used by Contractor as an officer, employee, agent, or subcontractor.

Contractor further covenants that Contractor has not contracted with nor is performing any Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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11 [Name of Contractor]
Form Revised February 2023
services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement.

6.14. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.

6.14. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.16. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.17. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.18. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.19. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.20. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.21. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.22. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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12 [Name of Contractor]
Form Revised February 2023
affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.23. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures.

6.24. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

6.25. Taxpayer Identification Number. Contractor shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal Revenue Service.

CITY OF WEST COVINA,
A municipal corporation
__________________________________ Date: __________________________ [Name]
[Mayor or City Manager]

CONTRACTOR

__________________________________ Date: __________________________ Signature
__________________________________
Name and Title

ATTEST:
__________________________________
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:

Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
.
13 [Name of Contractor]
Form Revised February 2023
__________________________________ Date: __________________________ Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________ Carmelita Underwood
Director Human Resources/Risk Management
AGENDA ITEM NO. 5

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: March 3, 2026
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: REVIEW OF INVESTIGATION REPORT PREPARED BY GEMELLI EMPLOYMENT LAW REGARDING CONCERNS RAISED BY COUNCILMEMBERS AT SEPTEMBER 16, 2025 COUNCIL MEETING
RECOMMENDATION:

It is recommended that the City Council:

Receive and file the Confidential Investigation Report prepared by Gemelli Employment Law dated February 26, 2026;

1. Direct staff and/or outside counsel to prepare and present recommendations addressing governance structure, lines of authority, and appropriate administrative protocols within the council-manager form of government for consideration at a future duly noticed City Council meeting; and

2. If the City Council wishes to consider any formal action in response to the Investigation Report, direct staff to agendize such action for consideration at a future duly noticed City Council meeting.

3. BACKGROUND:

The City of West Covina operates as a general law city under the council-manager form of government.

Under this structure, the City Council serves as the legislative body responsible for establishing municipal policy, adopting ordinances and resolutions, approving the budget, and setting overall strategic direction.

The City Manager serves as the City’s chief administrative officer and is responsible for the day-to-day administration of City operations and the supervision of City staff.

On September 16, 2025, during a duly noticed City Council meeting, concerns were raised by members of the City Council regarding alleged unprofessional conduct among certain Councilmembers. Rather than proceed with a motion to censure at that time, the City Council voted unanimously to retain an independent third-party investigator to review the concerns raised. The City Council also voted unanimously to pre-waive the confidentiality of the investigation report and make the report public.

On September 22, 2025, the City Council retained Gemelli Employment Law to conduct an independent investigation into:

Concerns raised by Mayor Letty Lopez-Viado and Councilmember Tony Wu regarding Councilmember Brian Gutierrez;
Concerns raised by Councilmember Brian Gutierrez regarding Mayor Lopez-Viado and Councilmember Wu; and
Concerns raised by Councilmember Gutierrez alleging he was treated unfairly because of his disability.

The resulting Confidential Investigation Report is dated February 26, 2026.

SCOPE OF REVIEW:

The investigator was retained to conduct an independent review of the concerns raised by Councilmembers regarding one another’s conduct in connection with City business.

The investigator states that she made factual findings only and did not render legal conclusions. The investigator further states that she analyzed the allegations under a “preponderance of the evidence” standard, meaning she determined whether it was more likely than not that the alleged conduct occurred.

The Report expressly states that the investigation “only pertains to the Councilmembers’ concerns about each other.” The Report further notes that although other City employees have raised concerns regarding their interactions with Councilmember Gutierrez, those concerns are “subject to a separate investigation and outside the scope of this investigation.” Accordingly, the findings contained in the February 26, 2026 Report are limited to the inter-Councilmember concerns described above and do not address any separate employee-related matters.

INVESTIGATIVE PROCESS:

The Report reflects that the investigator conducted 13 interviews of 9 witnesses. Those interviewed included all five City Councilmembers, the Acting City Manager, and three City employees.

The investigator states that interviews were conducted both in person and via videoconference.

Witnesses were advised that the matter was confidential and that policies prohibiting retaliation for participating in an investigation applied. All witnesses consented to recorded interviews except for Councilmember Gutierrez.

The Report reflects that the investigator reviewed recorded City Council meetings from June 2025 through January 2026 and reviewed numerous documents identified in the appendix to the Report, including correspondence, cease-and-desist letters, public records requests, Fair Political Practices Commission communications, and related materials.

With respect to scheduling and participation, the Report reflects that the investigator initially attempted to meet with Councilmember Gutierrez multiple times in October and November 2025. The Report states that on October 21, 2025, Councilmember Gutierrez indicated he would not participate in an investigation that “could interfere with or obstruct active criminal investigations.” The Report further states that after being advised that the investigation would not impede potential criminal investigations, Councilmember Gutierrez requested a disability-related accommodation in connection with the interview process, including advance identification of general topics.

The Report reflects that on November 8, 2025, Councilmember Gutierrez issued written communication directing that the investigation cease and indicating that further action could subject the investigator to legal action and an administrative complaint. The Report states that the investigator subsequently sought and obtained confirmation from the Los Angeles County District Attorney’s Office that proceeding with the independent investigation would not interfere with any active criminal investigation.

The Report reflects that on November 25, 2025, Councilmember Gutierrez agreed to be interviewed but did not consent to the interview being recorded. The interview proceeded without recording.

The Report further notes that certain employee witnesses are identified as “Employee A,” “Employee B,” and “Employee C.” The investigator states that the names of those employees were withheld “due to and “Employee C.” The investigator states that the names of those employees were withheld “due to employees’ concerns of ‘retaliation.’” The Report attributes that concern to the employees themselves and does not make an independent finding regarding retaliation in connection with the decision to withhold names.

SUMMARY OF FINDINGS:

The Report includes the following findings:

1. Complaints Regarding Councilmember Brian Gutierrez.

The investigator found that Councilmember Gutierrez engaged in unprofessional conduct that others reasonably perceived as intimidating and retaliatory. The finding was identified as “Sustained.”

2. Complaints Regarding Mayor Letty Lopez-Viado.

The investigator found that Mayor Lopez-Viado did not engage in unprofessional conduct that could reasonably be perceived as intimidating or retaliatory. The finding was identified as “Not Sustained.”

3. Complaints Regarding Councilmember Tony Wu.

The investigator found that Councilmember Wu made unprofessional comments on two occasions but did not find that his conduct could reasonably be perceived as intimidating or retaliatory. The finding was identified as “Partially Sustained.”

4. Disability-Related Concerns Raised by Councilmember Gutierrez.

The investigator found that Councilmember Gutierrez was not treated unfairly because of his disability. The finding was identified as “Not Sustained.” The Report concludes that these findings were based on the totality of the evidence gathered during the investigation.

DISCUSSION:

The purpose of this agenda item is limited to formal receipt and filing of the Investigation Report.

The City Council retains its authority under applicable law to consider and take lawful action, if any, based on the contents of the Investigation Report. However, any formal governance-based measure, including but not limited to corrective measures, limitations, censure, referral, or other action, must be separately agendized and considered in compliance with the Brown Act and other applicable legal requirements.

The Council may also determine that additional clarification of governance structure and administrative lines of authority would assist in maintaining orderly and effective operations. Under the council-manager form of government, administrative authority flows from the City Council collectively to the City Manager, and from the City Manager to department heads and staff. Individual Councilmembers do not possess independent authority to direct staff.

LEGAL REVIEW:

The City Attorney's Office has reviewed this staff report as to form.

Prepared by: Kathryn B. Box, Outside Counsel, Buchalter LLP Fiscal Impact
FISCAL IMPACT:

The cost of the independent investigation was incurred pursuant to the City Council’s September 2025 authorization. Preparation of a governance memorandum and any future agendized action may involve additional administrative or legal resources, which will be presented to the City Council as appropriate.

Attachments
Attachment No. 1 - Confidential Investigation Report
ATTACHMENT NO. 1
Table of Contents
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................................................................................................................ .......................................................................................................................... ................................................................................................................. ............................................................................................................................ 1 his Confidential Investigative Report (Report) summarizes relevant evidence and provides factual and policy findings regarding the allegations.
1 Complaints about Councilmember Brian Gutierrez. Gutierrez engaged in unprofessional conduct that others reasonably perceived as intimidating . Sustained.

Complaints about Mayor Letty Lopez- Viado. Lopez-Viado engaged in unprofessional conduct that others reasonably perceived as intimidating or retaliatory. Not Sustained.

Complaints about Councilmember Tony Wu. Wu engaged in unprofessional conduct that others reasonably perceived as intimidating or retaliatory. Partially Sustained.

Disability Concerns: Gutierrez was targeted and treated unfairly because of his disability. Not Sustained.
2 3
2 3
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4567

8 9
89 10
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14 This concludes the investigation.

Respectfully Submitted,