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HomeMy WebLinkAboutAGENDA REPORT 2002 1204 CC REG ITEM 09HITEM q • A - Er MOORPARK CITY COUNCIL J�,JOO,? AGENDA REPORT lL ax2c AL �� -�-u�� •3.55 �,�- /�. TO: Honorable City Council L RA"Xac -,-- 6e FROM: Deborah S. Traffenstedt, ATCM /City Clerk � %0-r DATE: November 26 2002 (CC Meeting of 12/4/02) SUBJECT: CONSIDER ADOPTING REVISED CITY COUNCIL POLICIES RESOLUTION AND RESCINDING RESOLUTION NO. 2001 -1926 BACKGROUND Section 16 of the City Council's Policies Resolution No. 2001 -1926 requires that the Council Policies resolution shall be updated from time to time as needed but not less often than following each General Municipal Election beginning in 1998. Given that a General Municipal Election was held on November 5, 2002, the Council should review the policies to determine the need for updating. Staff is recommending numerous revisions as discussed below. DISCUSSION Staff proposed revisions to the Council policies are shown through use of legislative format on the attached draft resolution. The reasons for staff recommended revisions are generally as follows: • Policy 4, Reports from Appointees, was updated to reference current names of committees and commissions for which a report is required. • Policy 5, Advertising and Appointment Policy for Citizen Appointments to Boards, Commissions and Committees, was updated to reflect current advertisement practice and to improve organization of this section. • Policy 6, Senior Center Advisory Committee, was added to consolidate the previously adopted guidelines into the Council Policies resolution. Additional language was added to provide more consistency with the Teen Council policy language and with the Appointment Policy language in Policy 5. • Policy 7, Teen Council, was added to consolidate the previously adopted guidelines into the Council Policies resolution. Additional language was added to clarify what constitutes a r� G 0 ;100 Honorable City Council December 4, 2002 Regular Meeting Page 2 quorum and to provide more consistency with the Appointment Policy language in Policy S. • Policy 8, City Council Standing Committees, was revised to reflect that appointments to Standing Committees shall be made at the first regularly scheduled meeting in January of each odd - numbered year and at the reorganization meeting of the City Council in each even - numbered year, and was also revised to correct assigned staff titles. • Policy 9, Process for Preparation of Initial Drafts of Ordinances by City Departments, was revised to reflect that the draft ordinance will be e- mailed to the City Attorney for review. • Policy 14, Conflict of Interest Appraisal, was updated to reflect the reason for a conflict of interest appraisal to be done (provide proof and rebut the presumption that the financial effect of a governmental decision on real property in which a public official has an economic interest is presumed to be material). • Policy 16, Harassment in the Workplace, completely replaces the prior Sexual Harassment Policy. The new Harassment in the Workplace policy is based on current law and is consistent with the policy recommended by the California Joint Powers Insurance Authority for employees. In addition to employees, the new policy language also references volunteers and is intended to be provided to all employees and volunteers to provide guidelines for prohibiting and preventing unlawful harassment in the workplace. In addition to the above described revisions to policies, there were other minor editorial corrections made to staff titles. Policies were renumbered to reflect the addition of the two new policies (Senior Center Advisory Committee and Teen Council). STAFF RECOMMENDATION Adopt Resolution No. 2002- Attachment: Draft Resolution 0 ()0'.0 fl. k ) RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING COUNCIL POLICIES'. AND RESCINDING RESOLUTION NO. 2001 -1926 WHEREAS, it is advantageous for the City Council to have a compilation of its policies; and WHEREAS, the City Council has directed that its policies be compiled and adopted as a resolution; and WHEREAS, on December 19, 2001, the City Council adopted Resolution No. 2001 -1926 adopting revised Council Policies; and WHEREAS, the City Council has determined that revisions are required to update existing policies and add new policies. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. POLICY 1 - STREET NAMING All street names shall be approved by the City Council subject to the concurrence of the County Fire Department. The following criteria shall be used: North /South streets shall be designated as avenues or roads; East /West streets as streets or drives; and cul- de -sacs as circles, courts or places. SECTION 2. POLICY 2 - REPAYMENT DOCUMENTS FOR VILLA CAMPESINA DEFERRED LOANS The City Manager is authorized to execute all deferred loan repayment documents for Villa Campesina Affordable Housing Development (Tract 4147). SECTION 3. POLICY 3 - MEETING AND CONFERENCE EXPENSE On various occasions it will be necessary for City Officials, elected and appointed, and staff to attend meetings outside the City or County on City business. Such occasions fall basically into three categories: 1. Meetings /Seminars /Training Sessions, which do not require overnight accommodations; and C' C, 0 Resolution No. 2002 - Page 2 2. Conferences /Training Sessions requiring overnight accommodations, or which require an expenditure exceeding $250.00; and 3. Travel for regular /special meetings. A. Meetings /Seminars /Training Sessions (one day and return) 1) The costs of registration, meals, parking and mileage are allowable City expenses. Attendance at City expense shall be subject to the advance approval of the City Manager. 2) An individual proposing to attend at City expense shall file a rough -draft copy of the Claim for Reimbursement of Travel Expenses with the City Manager at least 24 hours prior to the date of attendance. 3) The City Manager shall not approve such attendance unless funds have been appropriated and are available for the subject purpose. 4) Wherever possible, registration fees will be paid in advance by the City. The individual attending shall advance all other necessary costs. 5) Upon return to the City, the individual attending shall complete the Claim for Reimbursement of Travel Expense, in final form, and submit it to the City Manager for reimbursement. B. Conferences /Training Sessions (Requiring Lodging) 1) The costs of registration, lodging, meals, parking and mileage are allowable City expenses. Attendance at City expense shall be subject to the advance approval of the City Manager, if funds have been appropriated for the travel. Otherwise, it shall require approval and an appropriation of funds by the City Council. 2) The individual attending shall file a rough -draft copy of the Claim for Reimbursement of Travel Expenses with the City Manager, at least one week prior to the City Council Meeting proceeding the date of the Conference /Training Session. G () 4) 15 Resolution No. 2002 - Page 3 3) The City Manager shall determine whether funds have been appropriated and are available for said proposed expenditure and shall either approve /disapprove the travel or refer to the City Council and recommend attendance /non- attendance based on the availability of funds, proposed content of the meeting and other meetings in the same general subject area which may be scheduled later during the budget year. 4) After approval by the City Manager or City Council, staff will, if possible, make advance arrangements to pay registration and lodging fees and to make an advance payment in the amount not to exceed 1000 of the balance of the estimated cost. 5) Upon return to the City, the individual attending shall complete the Claim for Reimbursement of Travel Expenses, in final form with supporting receipts or cash tickets, and submit it within 10 days of their return to the City Manager for reimbursement, or refund of any overage. Total receipts for meals and associated tips will be honored up to $50.00 per day based on the following limits of $10.00 for breakfast, $15.00 for lunch and $25.00 for dinner. Meals can be combined. 6) The traveler may receive a per diem allowance for meals plus tips. The per diem allowance shall conform to the currently allowed Internal Revenue Service (IRS) allowance for California cities. It shall be prorated when appropriate. 7) When the individual attending an approved conference is accompanied by his or her spouse or another companion, the allowable cost for lodging shall be only that which would be allowed if the individual were traveling alone. The lodging and all other expenses of the spouse or traveling companion are personal and not reimbursable by the City. C. Staff Travel - Regular /Special Meetings Staff assigned or directed by the City Manager to attend area meetings, or special meetings which are scheduled from time to time during the regular course of business, shall be reimbursed for actual mileage, meals and other appropriate expenses on an actual cost basis. Staff 0Q�'1 Resolution No. 2002 - Page 4 members receiving a travel allowance will be reimbursed for actual mileage for trips on City business outside of the six county area (Santa Barbara, Ventura, Los Angeles, San Bernardino, Riverside, and Orange). Mileage will be calculated from the City as point of departure to the destination. Mileage expense for the use of a personal vehicle for travel shall be at the rate currently allowed by the Internal Revenue Service provided, however, that the total expense of said travel shall not exceed the combined total of the round -trip air fare to the destination, plus the private vehicle mileage expense to and from the airport and appropriate parking fees. Attendance at a special meeting, for which funds are not appropriated, in Sacramento /Washington, D.C. or other City at which attendance by the City of Moorpark is deemed urgent, and which occurs at a time which precludes advance approval by the Council as a whole, may be authorized by the Mayor and one other member of the City Council, subject to the ratification of the expense and appropriation of funds at the next regular Council Meeting. D. Council and Commissioner Expenses The travel and expense reimbursement of members of the Council, the Planning Commission, and the Parks, and Recreation Commission shall be governed by the same rules contained in this policy with the following exception. The certified Claim for Expense Reimbursement form shall be reviewed and subject to the approval of the City Council Budget and Finance Committee. If a member of the Budget and Finance Committee submits a Claim for Expense Reimbursement, it shall be subject to the approval of the two most senior, by tenure, members of the City Council who are not members of the Budget and Finance Committee. SECTION 4. POLICY 4 - REPORTS FROM APPOINTEES 1. Reports are required from appointees to the following: Area Agency on Aging Area Housing Authority Mee:Fpa�FI= Mesgiiite Abatement, D4 + riet Ve_. u_ a Gei:inty Citizens Transportation Advisory Committee Air Pollution Control District Advisory Committee 00)0 6,7 Resolution No. 2002 - Page 5 2. A report shall be required for each scheduled meeting of the agency, authority, district, commission or committee and is due in written form to the City Council five (5) days following the meeting. In lieu of a written report, an oral report may be presented to the Council under the public comment portion of the next regularly scheduled City Council meeting after the meeting of the agency, authority, district, etc. 3. Where the City is represented by more than one person, the appointees shall coordinate and collaborate their efforts so only one report is presented to the Council. 4. If neither the appointee nor alternate is in attendance at a meeting of the agency, authority, district, etc., or if the meeting is canceled, that will be reported to the Council by the appointee(s) as prescribed above. SECTION 5. POLICY 5 - ADVERTISING AND APPOINTMENT POLICY FOR CITIZEN APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES 1. At the end of each calendar year, an Appointments =List will be prepared and posted at the City Community Center, and Moo--park Library, City Home Page, and local government ca>nel, of all citizen appointive positions and their expiring term of office (in compliance with theMaddy Act r-eau...r_ements). A contact number and request for communication with the City Clerk will be included, to allow residents to obtain information on as ° !as any requirements for the appointed position, and to facilitate communication, with the ........._....._ ........ ..........._................ - -- - - - - -- -- -- _ _ _—_.... _.....- _— ..._.......--- ...._... - - ....._......._.__......... .._._ Clity Clerk in the event a citizen has an interest in being placed on the appointee resource list. The Appointments -IList shall remain posted for the month of January. 2. Not later than enef��30 days prior to the expiring term of office of a citizen appointee, the City Clerk will —,west a A e- e he e� g lcei=fft -- and --a e ve -a—n-e w s p��� - e€ .mien prepare and distribute a press release to all n=ewspapers of local distribution and radio stations that have requested such notice, advertising the citizen appointment opportunity. The City Clerk will also post such notice on the City's Home Page, local government channel, and at the City Community Center. 3. Interested persons will be asked to submit a City Board, Commission, and Committee Application. ■R �i ` �; yy , _ Resolution No. 2002 - Page 6 4. When an unscheduled vacancy occurs on the Planning Commission, e-r- Parks and Recreation Commission, or other City Council appointed board, commission, or committee, notice will be posted (in compliance with the Maddy Act requirements), and advertisement of the citizen appointment opportunity will be initiated by the City Clerk in the same manner as for an expir ing term, unless the City Council determines_ that the vacancy wi.11 not be filled due to the length of the remaining germ of office. 5. The City Clerk shall maintain a resource list of citizens who have expressed an interest in serving as appointees on advisory boards, commissions and committees and will have t-hefft ,e�'-et—emai1 an application at the time of the next advertisement. The M Mill • Si --A izieitiee EeeramC- ing eveL =y yaec`i .. a requeswrz. i- ♦. G e.k i in the eJOi'CITL a fir- interest Gity list. y en the appeintee riesedr-ee Si --A izieitiee EeeramC- ing eveL =y yaec`i r Gity y has interest in being en e��erit a eitiFen an plaeed 6. Tr order to be considered for City Council appointment to a board, commission, or committee, the applicant must be a resident of the City of Moorpark and shall also be a registered voter, with the exception that there is no registered voter .requirement for Teen Council. - 4_'i'. As per Government Code Section 40605, the Mayor shall make all appointments to boards, commissions and committees. =-48. The procedure for appointments shall be as follows: A. The Mayor shall solicit suggested nominees from members of the Council. Resolution No. 2002 - Page 7 B. Prior to making a motion for appointment, the Mayor shall announce the names of all persons he /she intends to nominate, and in the order to be nominated, for a board, commission, or committee. C. The Mayor shall then make a motion putting forth each individual name to be approved for appointment. D. A second shall be required. E. The Council shall vote on each appointment individually. SECTION 6. POLICY 6 - SENIOR CENTER ADVISORY COMMITTEE 1. Purpose The Senior Center Advisory Committee is intended to assist with the development of programs and activities of interest to local seniors and facilitate communication ._....._.......--- .....__._... between City staff and senior adult participants. 2. Membership and Organization All appointments to the Senior Center, Advi.sory Committee shall be made by the Mayor of the City of Moorpark, with approval of the City Council, consistent with the adopted Council. — policy__ on procedure for appointments. The Committee shall consist of five members, age 60 or older. The Senior Center Advisory Committee members shall be residents and registered voters of the City. The term of the appointment shall be for _years_ . if a vacancy occurs otherwise than by expiration of a term, an appointment may be made to fill the unexpired portion of the term of office in accordance with Policy 5 of this resolution (Advertising and Appointment. Policy for Citizen- Appointments to Boards, Commissions and Committees) . The appointment for a new two -year term shall occur at the reorganization meeting of the City Council held every even - numbered year in . — - .— ._......_..__.......- - -- Po_icv 5 of this resolution. If there are three (3) consecutive, unexcused or excused absences, or five (5) total absences during the term of a Senior Center Advisory Committee member, the seat of such member shall be deemed immediately vacant. Vacancies shall be filled in a manner that is consistent with Policy 5. 600 :011 Resolution No. 2002 - Page 8 The Senior Center Advisory Committee shall conduct itself in an orderly fashion at all meetings and shall follow and obey the standing rules established by the Community Services Department. No member of the Senior Center Advisory Committee shall use the title of Senior or Center Advisory Committee member .... . ..... .............. on any form of communication unless authorized by the Community Services Director and then channeled through the Senior Center Advisory Committee for approval. The Senior Center Advisory Committee shall not present or purport to represent any position, policy, or direction for the City of Moorpark without the prior approval of the Citv Council. The Senior Center Advisory Committee shall-1-hold monthly meetings at the Senior Center at a day and time approved by the Committee at the first annual meeting. Meetings shall be open to all interested participants. The Committee shall annually elect its chair and vice-chair from its appointed Lnted members. City staff w-LI'L attend all ................... meetings and provide administrative support to the ................... Committee. 3. Duties and Responsibilities A. Assist in the selection and Planning of activities and programs of interest to seniors, -1.-.c-'ud-ing special events and holiday programs, by bringing forth ideas and suggestions. B. Serve as program host/hostess by encouraging other seniors to participate, assist with activity registration and related program details. C Advise Community Services Department staff as to specific and changing needs of participating and non-participating seniors so that appropriate . . . . . ......... activities may be scheduled. D. Assist with program surveys and evaluations. E. Assist with dissemination of public -L nformatJ.on of interest-- to seniors through word of mouth and by activei-v participating in programs. F Provide liaisons with various community organizations that offer programs and services to G 0 ) I I. i Resolution No. 2002 - Page 9 seniors by bringing outside information to the Senior Center. G. Discuss and make recommendations to staff as to policies and procedures related to the operation and scheduling of the Senior Center. H. Participate in preparation of an annual report to the Citv Council. SECTION 7. POLICY 7 - TEEN COUNCIL 1. Purpose The purpose of the Teen Council shall be to investigate and make recommendations to City staff on recreational programming and other matters of concern to Moorpark teens, and such other duties and functions as may be specifically assigned to the Teen Council by the City Council Goals To encourage young residents to actively participate in the operations of their City government in a positive and productive manner. To provide a mechanism - which facilitates communication and a .........._.._... _._...._ ....................... _ ..... ---- ... _. ... -- - -- - .... - -- spi_r:i_t of ._evolvement by voutrn in CA. ov ty government. t. provide a learning experience for 'Peen Council members that is conductive to leadership growth. :3. Membership and Orqanization '—, appointments to the Teen: Council shall be made by the Mayer of the C' ty of Moorpark, with approval of the City Cour_cii, consistent with the adopted Council policy on procedure for appointments (Policy 5). The Teen Council shall consist of no less than seven: (7) and no more than eleven (11) members, with a goal of having a minimum of one (1) representative from each grade level from 7"' grade to 12`1 grade. All representatives must be City of Moorpark residents and mush be enrolled in school. Special attention should be given to insure that all middle schools and '_nigh schools in Moorpark have some representation on the Teen Council. Representatives ..._._...... ..._.___..._.- _.._.__....___.__ -- would tvni.cally be limited to not serving more than a total of 00O) .i�"O Resolution No. 2002 - Page 10 three years on the Teen Council to allow more teens the opportunity to serve as a Teen Council representative. In addition to the advertisement procedures specified in Policy 5, applications for Teen Council shall be made available at City Hall, Arroyo Vista Recreation Center, Moorpark High _School, Moorpark Community High School, Chaparral Middle School, and Mesa Verde Middle School. Teen Council members shall each serve a one (1) -year term commencing on July 1 of each year. If there are three (3) consecutive unexcused or excused absences, or five (5) total absences during the term of a member, the seat of such member shall be deemed immediately vacant. If a vacancy occurs otherwise than by expiration of a term, an appointment may be made to fill. the unexpired portion of the term of office in accordance with Policy 5 of this resolution (Advertising and Appointment Policy for Citizen Appointments to Boards, Commissions and Committees). The Teen Council shall conduct itself in an orderly fashion at all meetings and shall follow and obey the standing rules established by the Community Services Department. A meeting quorum shall- be defined as a majority of the total appointed memher�; - No _member of the _Teen Council shall use the title of Teen Council member on any form of communication unless authorized by the Community Services Director and then channeled through the Teen Council for approval. The Teen Council shall- riot present or purport to represent any posit -ion, policy, or direction for the City of Moorpark without the prior approval of the City Council. The Teen Council shall hold monthly meetings with the day, time and location to be determined at the first annual meeting of the Teen Council. Meetings shall be open to all interested participants. The Teen Council shall annually elect its chair and vice- chair from its appointed members. City staff will attend all meetings and provide administrative support to the Teen Council, including establishment of the agenda. 4. Duties and Responsibilities A. Attend all Teen Council meetings and other Teen Council activities. Resolution No. 2002 - Page 11 B. Actively participate in at least one Teen Council- subcommittee, as approved by the City staff re resentative to the Teen Council. _---p - C. Solicit, receive, and relay to City staff input and suggestions about any matters of concern to the teen residents in Moorpark_ D. Participate in publicity and promotional activities of the Teen Council. SECTION -68. POLICY -68 - CITY COUNCIL STANDING COMMITTEES 1. Standing Committees The Council Standing Committees shall be: Budget and Finance Affordable Housing /Community Development Economic Development Public Works, Facilities and Solid Waste Transportation and Streets Each committee shall consist of two Council members and a designated alternate. One member of the Budget and Finance Committee shall be the Mayor or Mayor Pro Tem. This does not preclude both the Mayor and Mayor Pro Tem from serving on this committee at the same time. The Budget and Finance Committee shall serve as the Mobilehome Hardship Review Panel, along with the mobilehome park owner, in compliance with Section 5.52.140.B of the Moorpark Municipal Code; however, if the Mayor is not a member of the Budget and Finance Committee, then the Mobilehome Hardship Review Panel shall consist of the Mayor and the Mayor Pro Tem along with the mobilehome park owner. 2. Committee Appointments With the approval of the majority of the members of the City Council, the Mayor shall make all appointments to Standing Committees of the City Council, including the designated alternate. The appointments shall be made at the first regularly scheduled meeting in January of each odd - numbered year and at the reorganization meeting of ' 'Lhe City Council in each even - numbered year. 3. Alternates to Committees or Resolution No. 2002 - Page 12 To avoid potential Brown Act violations of having more than two City Councilmembers consider an item at the committee level, each City Councilmember should determine: a) pursuant to applicable provisions of the Political Reform Act, if a potential conflict of interest exists (consult with the City Attorney if necessary); b) although there is no conflict of interest under the Political Reform Act, there is a desire to avoid an appearance of conflict; or c) if for other reasons a decision is made not to participate. If a Councilmember should so determine /decide not to participate, then that City Councilmember shall contact the designated alternate to serve in his /her place for that item. If the City Councilmember determines /decides not to continue participating after having been involved in Committee discussions of a specific item, he /she should contact the City Attorney to determine if the alternate can serve on the Committee for that item. If an alternate has a conflict or otherwise is not available, the Mayor shall serve or request another City Councilmember to serve. 4. Ad Hoc Committee Items shall be assigned to Standing Committees whenever possible. If not so assigned, at the Mayor's discretion, an Ad Hoc Committee shall be formed. Ad Hoc Committees are not generally subject to the provisions of the Brown Act unless composed of members other than less than a quorum of the legislative body. 5. Assigned Staff Budget and Finance - Assistant City Manager /Administrative Services Director Affordable Housing /Community Development - Di rector- of Community Development Director Economic Development - Assistant City Manager Public Works, Facilities and Solid Waste - Public Works Director Transportation and Streets - Public Works Director The City Manager may designate an alternate and /or substitute as determined necessary. 6. Meeting Schedule A regular meeting schedule for Standing Committees shall be approved by minute action of the City Council at the first regularly scheduled meeting in January of each year. Resolution No. 2002 - Page 13 7. Agenda and Reports out of Committee The assigned staff person to a Council Committee will prepare an agenda for the Committee meetings. In addition, the staff person will provide action minutes to the full Council within seventy -two (72) hours of the Council Committee meeting showing the Committee's recommendation. Concurrence with the staff's recordation of Committee recommendation(s) to the full Council will be completed prior to the adjournment of the Committee meeting in order to accurately report to the full Council via the action minutes. Action minutes will not formally be approved by the Committee. 8. Committee Assignments The City Manager shall maintain a list of specific assignments for each Standing Committee. The list shall be distributed to the Mayor, City Council and City Staff each calendar quarter (January, April, July and October). 9. Items Referred to Committee Items may be referred to Committee from City Council approved objectives; by the Council at a Council meeting; by staff; or by an individual Councilmember. 10. Items Referred to the Full Council from Committee A consensus of the Committee is required to send an item back to the full Council. A consensus relative to a recommendation on the item need not have been reached. SECTION -:7-9. POLICY �9 - PROCESS FOR PREPARATION OF INITIAL DRAFTS OF ORDINANCES BY CITY DEPARTMENTS (If the draft ordinance is initiated by the Planning Commission or Parks & Recreation Commission, the process may deviate from that outlined here.) 1. Step One - Staff confers with the City Attorney at a scheduled meeting after first determining if the City Manager wants to participate. Staff will bring any sample ordinance to the meeting. City Attorney to determine lead time (Step One to Step Six), except when the City Manager determines that staff priorities or Council direction require adjustment of the lead time, but generally a minimum of two weeks in most instances will be required -- possibly longer depending upon the length, complexity of the ordinance and quality of the sample GaWLI Resolution No. 2002 - Page 14 ordinances. Agenda deadlines should be considered in determining lead time. The meeting with the City Attorney shall be scheduled on the first Wednesday afternoon of the month by contacting the Executive Secretary. 2. Step Two - Staff confers with City Clerk for codification determination and section number confirmation. 3. Step Three - Staff drafts the ordinance for content and format and if necessary reviews with City Manager during the drafting process. 4. Step Four - City Manager reviews draft ordinance. 5. Step Five -- Meele E -mail draft ordinance to City Attorney. (- e r g e t the Gity Atterney's —ewe e -t-e deterfftine gwhat type --e € we i=el p r-e ess i g- file must - be e r e a t e d- to -med em the file.) 6. Step Six - City Attorney reviews for content and form; makes changes in legislative format and returns draft ordinance, making comments if required. Management staff, to the Management Analyst and Associate Planner level, who are authorized by the Department Head, may seek input directly from the City Attorney. 7. Step Seven - Staff reviews changes made by City Attorney, if any, and discusses with City Attorney and City Manager as needed. Meeting with City Attorney to be scheduled on the first Wednesday afternoon of the month. 8. Step Eight - Recognize and reconcile differences. If differences cannot be reconciled, talk to the City Manager, if still unable to reconcile differences, write the staff report to recognize the points of disagreement. 9. Step Nine - If needed, schedule public hearing after City Attorney and City Manager have approved the draft ordinance. SECTION 410. POLICY --10 - TEMPORARY USE PERMIT FEE WAIVERS 1. Once each calendar year, a City of Moorpark organization having non - profit status may apply for and be granted a temporary use permit fee waiver for one event. 2. The ireeteref Community Development Director shall waive a Temporary Use Permit Fee pursuant to this Policy after an eligible organization has submitted: a) a completed temporary W,"d 1IJIL7 Resolution No. 2002 - Page 15 use permit application; b) a request for fee waiver; and c) proof of non - profit status. 3. Examples for which Temporary Use Permits are issued are special events such as Christmas tree sales, promotional parking lot sales, church carnivals, Country Days and sidewalk sales. 4. The Temporary Use Permit shall be issued for a single event of less than thirty (30) consecutive days in duration. SECTION 411. POLICY -911 - NON- PROFIT ORGANIZATIONS ANNUAL FACILITY RESERVATION POLICY 1. Once each calendar year, a City of Moorpark organization having a non - profit status, may reserve the Arroyo Vista Recreation Center or the Moorpark Community Center to hold one (1) event with only direct staff costs being charged to that organization. 2. Those events which qualify shall be of a nature whereby the benefit of the event will serve the community and /or involve all those City residents who are interested in this event. Examples for which these procedures may apply include citywide events by Girl or Boy Scouts, service organization events, including fund - raising activities, and special events, such as Country Days, which have a direct benefit to City residents. 3. Regular organizational meetings or activities shall not qualify for this reduced fee. 4. Direct staff costs shall be defined as hourly staff costs, including all personnel benefit costs required for the event. 5. The 91L=ee:�ef of Community Services Director shall waive the standard rental fees pursuant to these procedures after an eligible organization has submitted: a) a completed Facility Reservation Form; b) a request for fee waiver; and c) proof of non - profit status. 6. One -time events shall further be defined as an event for one day per calendar year, not to exceed twelve (12) hours. 7. City staff shall maintain a record of each organization's request for the one - time -event fee, and shall notify the organization if they have already used their one - time -event option within a calendar year. 000.1` 8 Resolution No. 2002 - Page 16 SECTION 1-G2. POLICY 1mG2 - GUIDELINES FOR THE USE OF THE CITY'S SERVICES ACCOUNT SOCIAL 1. Each Councilmember and the City Manager is authorized to expend funds as the need may arise and receive reimbursement for said expenditures from the City's Social Services Account up to an amount not to exceed $200 per occurrence when said individual has made this determination. 2. When said expenditure is made, the individual will cause the reimbursement request to be placed on the City Council's next regular meeting agenda for approval by the City Council. SECTION 113. POLICY 113 - REFUNDS FOR BUSINESS REGISTRATION The City will not issue refunds for business registration permits. SECTION 11'!274. POLICY 1t4 - FLAG ETIQUETTE 1. The Flag of the United States of America and the Flag of the State of California will be displayed at each municipal facility which has an appropriate flagpole. 2. The National and State Flags are to be displayed daily from the start of the business day through the close of the business day during the normal work week. Flags may be flown 24 hours per day if appropriately lighted. 3. Flag etiquette allows the flag to be displayed during inclement weather provided it is made of all weather material (such as the flags the City uses). If it rains after raising of the flag, the flag will remain on the pole. If it is raining prior to raising the flag, the flag will not be raised; however, it may be raised later, weather permitting, and remain until close of the business day. 4. Flags will be flown at half -staff when ordered by the President or the Governor of the State as follows: President, 30 days Ex- President or President elect Vice President, the 10 days Chief Justice or retired Chief Justice of the United States or the Speaker of the House of Representatives 0 () 0: L' Resolution No. 2002 - Page 17 Associate Justice of the Supreme Court; a Secretary of an executive or military department; a former Vice President; or Governor of a State, territory or possession. Member of Congress By order of the President Day of death to day of interment Day of death and day following Period to be prescribed By order of the Governor; Day of death to day at the death of any local of interment public safety officer killed in the line of duty. 5. Flags will be flown at half -staff from the day of death to the day of interment for any currently seated Member of the City Council, Member of the City Council Elect or any previously seated Member of the City Council. 6. Flags will be flown at half -staff from the day of death to the day of interment for any currently serving City Manager or City Department Head. 7. Flags will be flown at half -staff from the day of death to the day of interment for any City employee killed in the line of duty. B. When a flag is no longer fit for display, it will be destroyed in a dignified way such as by an American Legion Post at Flag Disposal Ceremonies on Flag Day (June 14) each year. 9. It is the responsibility of the Community Services Department or the service contractor of an offsite municipal building (such as City Engineering/ Building & Safety) to display the National and State Flags at municipal facilities in accordance with the pamphlet " Our Flag" published by the Joint Committee on Printing United States Congress by authority of House Concurrent Resolution 361, 100th Congress (includes Title 36, Chapter 10 of the United States Code). 10. The City Manager or his designee is to determine at what location(s) flags are to be flown 24 hours and for ceremonial purposes. 0CN)!L V0 Resolution No. 2002 - Page 18 SECTION 1 -34. POLICY 144 - CONFLICT OF INTEREST APPRAISAL 1. Conflict of Interest Appraisals shall be allowed to provide proof and rebut the presumption that the financial effect of a governmental decision on real property, in which a public official has an economic interest, is presumed to be material (Section 18705.2 of Title 2, Division 6, California Code of Regulations), as provided below: A. Two conflict of interest appraisals shall be allowed per year per Councilmember if real property in which a Councilmember has an economic interest is the subject of a City Council decision or if any part of that real property is located within 500 feet of the boundaries (or proposed boundaries) of the real property which is the sub-iect of the governmental decision. B. One conflict of interest appraisal shall be allowed per year per Planning Commissioner, if real property in which a Planning Commissioner has an economic interest is the subject of a Commission decision or if any part of that real property is located within 500 feet of the boundaries (or proposed boundaries) of the real property which is the subject of the governmental decision. C. One conflict of interest appraisal shall be allowed per year per for the City Manager, if real property in which the City Manager has an economic interest is the subject of a City government decision or if any part of that real property is located within 500 feet of the boundaries (or proposed boundaries) of the real property which is the sub -sect of the governmental decision. D. One conflict of interest appraisal shall be allowed per year for the D seer of Community Development Director, if real property in which the Community Development Director has an economic interest is the subject of a City government decision or if any part of that real p--roper.ty is located within 500 feet of the boundaries (or proposed boundaries) of the real property which is the sub -ect of the governmental decision. 2. The amount of funding for conflict of interest appraisals shall be a budgetary consideration determined during the budget process as the Council looks at actual projects that are likely to be considered during the following fiscal year. Resolution No. 2002 - Page 19 `rte MN Oil #--e te dead: with se�ida-1 seHi:ial harassffient -;:—�6 establish pr-eeedures tr %- assTCnt a P —.'rte' �=r the week plaee . ey 2. PreeeduEe n _ __ is ; eic i n L e rfi- irg—wiz cad?= v i E' z', a *' : w e r£ —pelf e Eii a xl e e -e i= ee ti -,-a �T � _ Tg ; ire s t i l e—e re f f n s i v e=werk envi renf:Rent . MN Oil 101 2. PreeeduEe n _ __ is ; eic i n L e rfi- irg—wiz cad?= v i E' z', a *' : w e r£ —pelf e Eii a xl e e -e i= ee ti -,-a �T � _ Tg ; ire s t i l e—e re f f n s i v e=werk envi renf:Rent . 0 fQ1�2 Oil 101 0 fQ1�2 Resolution No. 2002 - Page 20 suggestive ef ebseene letteEs, n- t-es, veiee ffiai! F-ff�ail ffiessages, eiF ±nx,�±ta4Aensp 4 , -, ! s assa�ilts 1. , ef a see, Eaalw nat,,air-e, sueh as, :Fape, sexidal ba�eLcy, fftelest-alcien, er- eeffb-,ftit these assaul�s; e Iq intentie-al that is physieal eenduet sexdal in e Iq teuehing, 4- , I - - -6 f pinehingf L= a Lalle i n b h n . q g f i= u s -A g agaq nst anether-'s k3edy, e r- pekifie, bedy. anetzhei=ls - ------------- 1. it is 4�he reseensilAlity ef MafiageiFs, --'" fa their- faedwli: y ei= ees aL=e ±f� eeffiplianee wi:!�h Peliey. All ef-ipleyees are aeeeiintable fer- eemplianee;- 2. Empleyees, whe have eefRplaints ei= whe wi-t-�ness sexea:-11- hai�assfftent Rii:is4� rcepeEt sideh eenduet usineF �c-he eeffipla4 n 4� jaineeeel�ur-e e eei in '19." leelew. i �he re9pensibility ef the Gity's Persenne! Diiceeter q te pEevieie ffeidanee, --nvestigate ehaL=eFes ef and r-eeep.,.-ftend appr-ep e aetien. All eeffiplain# la 7 - 3111 The Gity ManageL� and Gity Atte:r-fiey will- gui-lafiee and assistanee i naling ef af)7y D. Gefl.if)1ain-t- Preeedure 0013. A 3 Resolution No. 2002 - Page 21 a i� a s s ffie 4nt he er she at ier is s beinE ef s e 3 Eu a�- I Any sniekild empleyee whe pelitely believes blat firffily eenficent- the aetien eease harass-!-F!-�� if:,Rffie di ate and def;iand that the behavieL- eE ha�e a T,f- E)r-aetiealf the eeffiplainin�j dise'issien and sheuld deeciment wit-,ese-pr-esent feic the the dise�issien and the hraicassing the pa1=±c-Y date, 1=-he eentent- ef Eeaetlen. j:�aras-sfftent t:e his/her invelves a 3. invelves the Per-sennel Pii-eeter, t- 4. if .:�he eeffip-laint- laint dir-eet-ly-4-.e-t-h-e- eef-tplai�-ant Shal- jnv-elves the S. if the eeFftplaiiit e the eef�iplainant shal� will: ner-ffi 6. -ves:��d:qat--4:en ef the eeffiplaint invelve-, --4— .11 a ties Ail. invellved - -el�-Shall be G-y Attei�ney. faii� investigatien. -1 if t ne investiatien ar4�ial g reveals anel that the eef, is n e d Valid t e s t-ep , nd elisei event: 4�he Ner- li=ia:�assffteni'� lmffie Eid: ate! y-af�e�� The that t en ef whe4�her l, eL eliserifftinater-y effipl-eyffieii-t seeial reiatienship -heut wit a deteL=FRina4�i e n based en all effeet--r--��es an An ±ng±FTg a se)ival fae:r::s in t ^ ef haicassfflent--�jalnt er- assistif"i y fa±- will net- be a4veT-ae-lLy a eefl.ip1maint in 3-n t ter:fts anel eenditiens ef e affee�Eed disehar-ged beeai:ise e f :rz: Ekmsei e iffii ed--at-a-�' lzit - er 0 C' � :Ir-j' Z"A Resolution No. 2002 - Page 22 „ - lee inelia d--i in the ' , f-a izn -will elc el t- 1-, l ., t f } h -' 'liTa's' t o el a f t e.c z- �T�- zr,- rre-- �8-crp e'n'd file f the efRplieyee be w aeeesatien, la-•— lobe- --` ub j e-e m. + e e_i.�- f e rt- -- the eeFftp -t- Vie- J L t✓ 1 U SECTION 15. POLICY 15 - PRE - QUALIFICATION OF BIDDERS 1. City Program The City Manager shall cause to be prepared, the City of Moorpark Bidder Pre - Qualification Program [herein "City Program "]. The City Program shall set forth guidelines and procedures related to the pre - qualification of bidder for Projects as defined herein. The City Program shall be consistent with the requirements of a) Sections 1103, 4107 and 20101 [AB574] of the Public Contracts Code and statues amendatory or supplementary thereto, and b) the bidder pre - qualification model documents promulgated by the State Department of Industrial Relations [herein "DIR "] . The City Program shall be maintained and updated as needed, by the City Manager or his /her designee. 2. Applicability All construction projects with an estimated construction cost exceeding one million dollars ($1,000,000) [herein "Project "] shall require the pre - qualification of bidders. To that end, the bidding documents for all Projects shall include provisions for the pre - qualification of bidders in a manner consistent with the procedures and requirements set forth in the City Program. Notwithstanding the above, certain exceptions to these requirements may be authorized as follows: A. The City Manager may waive bidder pre - qualification for any Project, provided a report is forwarded to the City Council at least ten (10) days prior to the Notice Inviting Bids, stating the reasons for, and /or the benefits resulting from, such a waiver; and B. The City Council may waive these requirements for any Project. 3. Project Specific Program vs. Annual Program The DIR "model documents" describe two separate programs: a) one for "project specific" bidder pre - qualification; and b) G, (11 Ji IAZOS Resolution No. 2002 - Page 23 M 5. 1. 2. one for an annual bidder pre - qualification process. The City Program shall set forth a project specific bidder pre - qualifications process. However, should it be determined by the City Manager that it would be in the best interest of the City to administer an annual bidder pre - qualifications process for a number of Projects, the City Program shall be modified for such purpose, provided all such revisions and modifications are consistent with the requirements of the DIR model documents. Evaluation Committee Pre - qualification packages shall be reviewed and scored by an Evaluation Committee. The Evaluation Committee for each Project or annual process shall consist of one (1) to three (3) staff members or consultants retained for such purpose, as determined by the City Manager or his /her designee. Appeals Panel The Appeals Panel shall consist of one or more staff members or consultants retained for such purpose, as determined by the City Manager, provided that no member of the Evaluation Committee shall sit on the Appeals Panel. SECTION 16. POLICY 16 - HARASSMENT IN THE WORKPLACE Purpose To provide guidelines for employees and volunteers to prohibit and prevent unlawful harassment in the workplace and to define procedures for reporting and investigating alleged incidents of unlawful harassment. This policy shall cover sexual h.ar.'assment as well as all other forms of unlawful harassment as described herein. Polic The City is committed to providing a work environment that is free of unlawful harassment. In keeping with this policy, the City strictly prohibits harassment of any kind, including h.arassr,ent on the basis of race, religion, color, national origin, ancestry, mental or physical disability, medical condition, marital status, sex, age, sexual orientation, or ar.y other characteristic protected under federal law, state law or local ordinance. The policy prohibits harassment by any City personnel including managers, supervisors, and non - supervisory employees or volunteers. No manager or supervisor GU 0 ii:'G Resolution No. 2002 - Page 24 shall use his /her authority to solicit sexual favors from others. in enforcing this policy, the City strictly prohibits unlawful Harassment of employees or volunteers in any form 'including verbal, physical, and visual harassment. Some examples of these tvpes of harassment are: Verbal harassment which may consist of jokes, epithets, slurs, name calling, negative stereotyping; unwelcome remarks about an individual's body, color, physical characteristics, appearance or talents; questions about a person's sexual practices; and patronizing terms or remarks that relate to a protected characteristic; DIysical. harassment can include phys.i_ca.l_ interference with normal work, impeding or blocking movement, assault, unwelcome physical contact, staring at a person's body, and threatening, intimidating or hostile acts that relate to a protected characteristic as set forth above; Visual harassment may involve offensive or obscene notogra hs, calendars, posters, cards, cartoons, draw-i ngs and gestures; display of sexually suggestive or lewd obiects; unwelcome notes, letters, or e -mail; and any other written or graphic material that denigrates or shows hostility or aversion toward an individual that is placed on walls, bulletin boards, or elsewhere on the Citv's premises or circulated in the workplace. n addition_ to the above forms of unlawful harassment, sexual. harassment may also include, but is riot 1 invited to, making unwelcome sexual advances and requests for sexual favors, and any other verbal or physical conduct of a sexual nature by fellow employees, volunteers, or suz)erv.i..sor_ s when: A. Submission to such conduct is made an explicit or implicit term or condition of employment; B. Submission to or rejection of such conduct by a individual is used as the basis for employment decisions (promotion, retention, performance appraisal, work assignment, etc.) affecting the individual; or C. Such conduct has a purpose or _ effect of substantially interfering with an individual's work ("I (_. � 11Z 7 Resolution No. 2002 - Page 25 performance or creating an intimidating, hostile or offensive work environment. No manager_ or supervisor shall use his /her_ authority to solicit sexual favors from others. It is the impact of the harassment, not the intent that counts. In determining whether conduct was unwelcome, the perspective is that of the person who feels harassed. The behavior is still considered unwelcome when the person consented to the conduct in order to avoid adverse treatment. Any form of retaliation against any person reporting a claim of harassment or otherwise participating or assisting in any investigation of a harassment claim is expressly prohibited and will be considered a violation of this policy. 3. Procedures A. Filing Complaint. If a City employee or volunteer believes he or she has been harassed by another City employee or volunteer in violation of this policy, the affected employee or volunteer should promptly report the facts of the incident and the names of the individuals involved to his or her immediate supervisor. If the immediate supervisor is involved i? the wrong conduct, or if for any reason the employee or volunteer feels uncomfortable about making a claim to that supervisor, the employee or volunteer may report the claim to the Human Resources Assistant /Analyst, Assistant to City Manager /City Clerk or directly to the City Manager. If _a City employee or volunteer believes he or she has beer: harassed by a contract City employee, vendor, or appointed or elected official, the affected employee or volunteer should promptly report the facts of the incident and the names of the individuals involved to the Assistant to City Manager /City Clerk or directly to the City Manager. If the harassment complaint involves the City Manager, the affected employee or volunteer should promptly report the farts of the incident to the Assistant to City Manager /City Clerk, who will then forward the complaint to the Citv Attornev and City Council. Resolution No. 2002 - Page 26 An employee or volunteer who believes he or she has suffered retaliation for reporting any violation of this policy or otherwise participating in any investigation should immediately bring such facts to the attention of the Human Resources Assistant/Analyst, Assistant to City Manaqer/C-L'-IL-.V Clerk or directly to the City Manager. B. invest-igation. Supervisors and managers must immediately report any claims of unlawful harassment to the City Manager's office. The City Manager shall coordinate a prompt, objective, and thorough investigation of any such complaints. At the conclusion of the investigation, the City will make a determination if any individual has violated the prohibit-Lon aqainst unlawful harassment. C. Confidentiality. An investigation related to a complaint under this policy will be conducted with confidentiality and respect for the rights__of all individuals involved. information related to the investigation will be provided on a need-to-know basis only. D. Corrective Action. The City does not tolerate unlawful harassment of any kind. The City Manager shall take -appropriate corrective action whenever such harassment is determined to have occurred. For employees, the corrective action taken shall be remedial and ...... ........... disciplinary in nature and will be commensurate with the severity of the offense. The disciplinary action shall be designed to prevent further unlawful harassment and may -include termination. E. Documentation. All corrective actions taken shall be documented by the Human Resources Division and/or City Attorney. The documentation shall include a summary of the investigation and an explanation of the appropriateness of the corrective actions. F. Notification to Complainant. ................. 1) The complainant will be informed by the Human Resources Division staff that action has been taken. 2) 1 :,The Human Resources Division staff will instruct the complainant to immediately report recurring or ,continuing harassment. ) h f7 (­� -.01 � 111. fi�.09 Resolution No. 2002 - Page 27 3) The Human Resources staff shall request the complainant to sign a form acknowledging the followinq: (a) The complainant has been informed that corrective action has been taken; and (b) The complainant has been informed to immediately report the continuation or recurrence of harassment. G. Employee /Volunteer Acknowledgment of Receipt of Harassment in the Workplace Policy. All employees and volunteers shall be re uired to sign a form on the first day of employment or volunteer work acknowledginq the followinq: I acknowledge receipt of the City of Moorpark Harassment in the Workplace Policy. I understand that it: is my responsibility to read and comprehend its contents. If I have any questions, I shall contact my _Supervisor or Decar-tment Head. SECTION 1 -67. This Council Policies resolution shall be updated from time to time as needed but not less often than following each General Municipal Election beginning in 1998. The revised resolution will be presented to the City Council for review and adoption. SECTION 1--8. Resolution No. 2001 -1926 is hereby rescinded. SECTION 1�9. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this 4th day of December, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk G, ' ��0 sO/PtEmaurac Resolution No. 2002- H Page 4 calculated from the City as point of departure to the destination. Mileage expense for the use of a personal vehicle for travel shall be at the rate currently allowed by the Internal Revenue Service provided, however, that the total expense of said travel shall not exceed the combined total of the round -trip air fare to the destination, plus the private vehicle mileage expense to and from the airport and appropriate parking fees. Attendance at a special meeting, for which funds are not appropriated, in Sacramento /Washington, D.C. or other City at which attendance by the City of Moorpark is deemed urgent, and which occurs at a time which precludes advance approval by the Council as a whole, may be authorized by the Mayor and one other member of the City Council, subject to the ratification of the expense and appropriation of funds at the next regular Council Meeting. D. Council and Commissioner Expenses The travel and expense reimbursement of members of the Council, the Planning Commission, and the Parks and Recreation Commission shall be governed by the same rules contained in this policy with the following exception. The certified Claim for Expense Reimbursement form shall be reviewed and subject to the approval of the City Council Budget and Finance Committee. If a member of the Budget and Finance Committee submits a Claim for Expense Reimbursement, it shall be subject to the approval of the two most senior, by tenure, members of the City Council who are not members of the Budget and Finance Committee. E. Mileage Reimbursement for City Appointees to Boards, Commissions, and Committees City Council public appointees to boards, commissions, and committees, that do not receive an honorarium and require travel outside of the Moorpark City limits, shall be eligible to receive mileage reimbursement for attendance at regular and special meetings of that board, commission, or committee. Mileage will be calculated from the appointee's residence in Moorpark as the point of departure to the meeting location. Mileage expense reimbursement for the use of a personal vehicle for travel shall be at the rate currently allowed by the Internal Revenue Service, and as verified by the City Clerk annually. The appointee shall complete the City's Resolution No. 2002 - Page 5 Claim Form for Reimbursement of Travel Expenses, and submit the form to the City Clerk at the end of the month, with the meeting agenda attached as supporting documentation for the mileage reimbursement claim. SECTION 4. POLICY 4 - REPORTS FROM APPOINTEES 1. Reports are required from appointees to the following: Area Agency on Aging Area Housing Authority MeeEpark Mesquites- Abatement —Dist- et- Citizens Transportation Advisory Committee Air Pollution Control District Advisory Committee 2. A report shall be required for each scheduled meeting of the agency, authority, district, commission or committee and is due in written form to the City Council five (5) days following the meeting. In lieu of a written report, an oral report may be presented to the Council under the public comment portion of the next regularly scheduled City Council meeting after the meeting of the agency, authority, district, etc. 3. Where the City is represented by more than one person, the appointees shall coordinate and collaborate their efforts so only one report is presented to the Council. 4. If neither the appointee nor alternate is in attendance at a meeting of the agency, authority, district, etc., or if the meeting is canceled, that will be reported to the Council by the appointee(s) as prescribed above. SECTION 5. POLICY 5 - ADVERTISING AND APPOINTMENT POLICY FOR CITIZEN APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES 1. At the end of each calendar year, an Appointments IList will be prepared and posted at the City Community Center, -anE Moorpark Library, City Home Page, and local government channel, of all citizen appointive positions and their expiring term of office (in compliance with the Maddy Act requirements) . A contact number and request for communication with the City Clerk will be included, to allow residents to obtain information on- as well as any requirements for the appointed position, and to facilitate communication with the City Clerk in the event a citizen has an interest in being placed on the appointee _resource list. The Appointments IList shall remain posted for the month of January.