adopted resolution 2026-046

Require City Administrator to release public records in reference to unspent surplus funds and schedule an oversight hearing

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  • public safety
  • elections government
  • resolution
Introduced by
Councilor Mitch Green Councilor Angelita Morillo Councilor Candace Avalos
Status
Adopted

Impact statement

Purpose & background

The sequence of events and actions relating to the discovery and information flow pertaining to unspent funds within the rental registry fund, and development of the Fall Technical Adjustment Ordinance proposal, have raised concerns substantial to the public interest with regards to the flow of information between the administration and the Council. Council has yet to define a formal procedure and structure to perform its investigative responsibility. This resolution is intended to require subsequent actions to pilot an approach for obtaining and day-lighting information for the public's understanding, and to identify subsequent actions, as they pertain to further investigative or legislative action.

Financial impacts

Not applicable

Economic impacts

Not applicable

Community impacts

Not applicable

Full text (the legislation as adopted)

WHEREAS, Council was first notified of the potential for a budget deficit to be balanced in the Fall Technical Adjustment Ordinance (TAO) on August 8 th , 2025; and WHEREAS, following the passage of the Fall TAO, the Deputy City Administrator (DCA) of the Community and Economic Development Service Area (CEDSA) notified Council of previously undiscovered funds available for housing related use on November 20 th , 2025; and WHEREAS, reporting on the matter of the funds has raised significant public interest in the timeline related to the fund discovery, its relation to TAO development, and why City Council was not notified of these funds prior to Council consideration of the TAO; and WHEREAS, Council expects that information from bureaus will be readily available upon request in order to aid in effective legislative oversight. NOW, THEREFORE BE IT RESOLVED, Council exercises its investigatory authority in aid of its legislative function granted by the Charter and directs that the City Administrator shall release all relevant public records subject to disclosure under the Public Records Act, including without limitation communications and other information pertinent to understanding the following questions: What happened to the funds and what led to them not being spent in previous years? Who was aware of the funds, at what point in time was each party made aware, and why was Council not informed in a more timely manner? What dynamics led to this information not being shared with Council, and what was the sequence of events, given that Council has received differing accounts of what occurred? To what degree were decisions made around these funds and when information was or wasn't shared, as it pertains to development of the Fall TAO proposal? BE IT FURTHER RESOLVED, the City Administrator shall share a complete set of the above-described public records identified by the City Administrator with Council and Council Operations no later than February 20 th , 2026; and BE IT FURTHER RESOLVED, Council Operations shall compile all available information, accounts, records, and communications shared by the City Administrator, Council Offices, journalists, and other relevant parties. Council Operations shall share this compilation with Council no later than February 27 th , 2026, distinguishing the set of public records described above provided by the City Administrator from all other information provided by other sources; and BE IT FURTHER RESOLVED, the Council President shall schedule an initial oversight hearing to invite testimony of relevant individuals and consider all findings, no later than March 6 th , 2026, and schedule subsequent oversight hearings to consider additional investigatory action by Council if necessary, in the interest of working toward conclusory findings in aid of Council's legislative function.

Tally

8 yea 4 nay

Roll call (12)