HomeMy WebLinkAboutAGENDA REPORT 2002 1218 CC REG ITEM 10CTO:
FROM:
DATE:
SUBJECT:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
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Deborah S. Traffenstedt, ATCM /City Clerk ---D!5 1—
December 18, 2002 (CC Meeting of 12/18/02)
CONSIDER ADOPTING REVISED CITY COUNCIL POLICIES
RESOLUTION AND RESCINDING RESOLUTION NO. 2001 -1926
BACKGROUND AND DISCUSSION
This item was continued from the City Council's meeting of December
4, 2002. At the December 4 meeting, the Council generally
concurred with the staff recommended revisions, but did request
staff to add additional language in Policy 3, MEETING AND
CONFERENCE EXPENSE, pertaining to mileage reimbursement for City
appointees (see page 4 of attached revised resolution); add
language to Policy 5, ADVERTISING AND APPOINTMENT POLICY FOR
CITIZEN APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES, to
clarify that Public Art Advisory Committee applicants could reside
within the City's Area of Interest, and /or must be employed or a
business owner within the City limits (see page 7 of attached
revised resolution); and revise language in Policy 16, HARASSMENT
IN THE WORKPLACE, pertaining to filing a harassment complaint (see
page 26 of attached revised resolution).
The revised language incorporated into Policies 3 and 5 was
discussed at the December 4 meeting. The revised language that has
now been incorporated into Policy 16 is shown below, with new or
revised language underlined:
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; or if the immediate supervisor is involved in the
wrongful 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 Division staff (Human Resources
OCR A31G
Honorable City Council
December 4, 2002 Regular Meeting
Page 2
Assistant /Analyst and Assistant to City Manager /City Clerk),
City Manager, Assistant City Manager, any City Department
Head, or to the Administrative Services Manager, Information
Services Manager, Planning Manager, Public Works Supervisor,
or Recreation Manager.
If a City employee or volunteer believes he or she has been
harassed by a contract City employee, vendor, appointed or
elected official, or any other person, 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.
STAFF RECOMMENDATION
Adopt Resolution No. 2002-
Attachment: Draft Resolution
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
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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.
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
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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.
E. Mileage Reimbursement for City Appointees to Boards,
Commissions, and Committees
Cif 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
Resolution No. 2002 -
Page 5
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
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
t r-k sgiire- basemen: - Dist-Lciet
Geenty 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 S. 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, and
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
Resolution No. 2002 -
Page 6
appo position, and to facilitate communication with the
City Clerk in the event a citizen, has an interest in being
paced on the appointee resource list. The Appointments -IList
shall remain posted for the month of January.
2. Not later than ene m 30 days prior to the expiring term of
office of a citizen appointee, the City Clerk will pest a
pe:siL-ieH prepare and distribute a press release to all
newspapers 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
Communitv Center.
3. Interested persons will be asked to submit a City Board,
Commission, and Committee Application.
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
expiring term, unless the City Council determines that the
vacancy will not be filled due to the length of the remaining
term of office.
5. The City Clerk shall maintain a resource list
have expressed
advisory boards,
eeemail an
advertisement.
an interest in serving as
commissions and committees an
application at the time
of citizens who
appointees on
d will have
of the next
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Resolution No. 2002 -
Page 7
6. In. 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 followinq exceptions:
A. There is no registered voter requirement for Teen
Council.
B. An_ applicant for the Public Art Advisory Committee must
reside within the City's Area of Interest, and /or must be
employed or a business owner within the City limits.
47. As per Government Code Section 40605, the Mayor shall make all
appointments to boards, commissions and committees.
4-98. The procedure for appointments shall be as follows:
A. The Mayor shall solicit suggested nominees from members
of the Council.
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 Orqanization
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Resolution No. 2002 -
Page 8
All appointments to the Senior Center Advisory 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 two 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 accordance with
Po'Licv 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.
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 o17 the Senior Center Advisory Committee shall
use the title of Senior 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 City Council.
The Senior Center Advisory Committee shall hold monthl
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 members. _City staff will attend all
meetings and provide administrative support to the
Committee.
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Resolution No. 2002 -
Page 9
3. Duties and Responsibilities
A. Assist in the selection and planning of activities
and programs of interest to seniors, including
special events and holiday programs, by bringing
forth ideas and suaaestions.
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 oroaram survevs and evaluations.
E. Assist with dissemination of public information of
interest to seniors through word of mouth and by
actively oarticioatina in oroarams.
F. Provide liaisons with various community
organizations that offer programs and services to
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 City 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 Citv Council.
2. Goals
K. 0: `2V
Resolution No. 2002 -
Page 10
To encourage young residents to actively participate in the
ooerations of their_ City government in a positive and
productive manner.
To provide a mechanism which facilitates communication and a
spirit of involvement by youth in City government.
To provide a learning experience for Teen Council members that
is conductive to leadership growth.
3. Membership and Organization
All appointments to the Teen Council 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 (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"1 grade to 12"
grade.
All representatives must be City of Moorpark residents and
must be enrolled in school. Special attention should be given
to insure that all middle schools and high schools in Moorpark
have some representation on the Teen Council. Representatives
woulu typically be limited to not serving more than a total of
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,
Chararral 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
al� meetings and shall_follow and obey the standing rules
established by the Community Services Department. A meeting
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Resolution No. 2002 -
Page 11
quorum shall be defined as a majority of the total appointed
members.
No member of the Teen Council shall use the title of Teen
Council member on anv form of communication unless authorized
bV the Community Services Director and then channeled through
the Teen Council for approval.
The 'een Council 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 Teen Council shall hold monthly meetings with the day,
time and 'Location to be determined at the first annual meeting
of the _Teen Council. Meetinas shall be open to all interested
nart'.cipants. 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.
B. Actively participate in at least one Teen Council
_subcommittee, as approved by the City staff
representative to the Teen Council.
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 4&8. 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
Resolution No. 2002 -
Page 12
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 the City Council in
each even- numbered vear.
3. Alternates to Committees
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
Resolution No. 2002 -
Page 13
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 - D -ee;�er €
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.
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).
Resolution No. 2002 -
Page 14
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 -79. POLICY 4-9 - 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
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.
(G + ;t r e r, +, tie? —e _
wefd - ereeess, .F -q fmle �st i3e e--ea ed t_e Fedeift t!-ie file.)
6. Step Six - City Attorney reviews for content and form; makes
changes in legislative format and returns draft ordinance,
making comments if required.
Resolution No. 2002 -
Page 15
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 -910 - 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 P. ^} el Community Development Director shall waive a
Temporary Use Permit Fee pursuant to this Policy after an
eligible organization has submitted: a) a completed temporary
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 5311. POLICY 5311 - 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.
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Resolution No. 2002 -
Page 16
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. Thea -ems 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.
SECTION 182. POLICY 182 - 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 1 -13. POLICY 1�3 - REFUNDS FOR BUSINESS REGISTRATION
The City will not issue refunds for business registration permits.
SECTION 1�4. POLICY 1-214 - 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.
0 4 0 13
Resolution No. 2002 -
Page 17
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,
Ex- President or
President elect
Vice President, the
Chief Justice or
retired Chief Justice
of the United States or
the Speaker of the
House of Representatives
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
30 days
10 days
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
Resolution No. 2002 -
Page 18
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.
8. 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.
SECTION 1 -34. POLICY 1 -34 - 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
Reaulations), as provided below:
A. Two conflict of interest appraisals shall be allowed per
year per Councilmember if real property in which a
-- ounci.lmember 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
subject 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 Connissioner has an economic interest is the
subject of a Commission decision or if any part of that
GO 3155
Resolution No. 2002 -
Page 19
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 Citv 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
subject of the governmental decision.
D. One conflict of interest appraisal shall be allowed per
year for the Dii�-ref 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
property is located within 500 feet of the boundaries (or
proposed boundaries) of the real property which is the
subject 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.
n. Defiiirczen efS fassR}en:Ic
00�GISG
Resolution No. 2002 -
Page 20
has the N e f
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Resolution No. 2002
Page 21
,
i To is
Manage.---, Supervisors and empleyees o-e make safe that
3. it is the respensibility ef the Gity's Persenne! Dire
alld feeemmend - apprepriate a e V e nTll -gip l a i t must be
9.
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Resolution No. 2002 -
Page 22
Direetef.
if she- nvest- Elr3tien reveals — `chart the eeffiplain# is valid—,
will b efie i�-
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
'1101 �
will
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
'1101 �
Resolution No. 2002 -
Page 23
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)
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.
4. 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.
5. Appeals Panel
The Appeals Panel shall consist of one or more staff members
or consultants retained for such purpose, as determined by the
M0IGO
Resolution No. 2002 -
Page 24
City Manager, provided that no member of the Evaluation
Committee shall sit on the Appeals Panel.
SECTION 16. POLICY 16 - HARASSMENT IN THE WORKPLACE
1. 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
harassment 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 o` unlawful harassment. In keeping with this policy, the
City strictly prohibits harassment of any kind, including
harassment on the basis of race, religion, color, national
orig.-,in, ancestry, mental or physical disability, medical
condition, marital status, sex, age, sexual orientation, or
any 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
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 types 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;
P,'-,.Ys-".cal harassment car. include physical 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
hoto ra hs, calendars, posters, cards, cartoons,
COGIGI
Resolution No. 2002 -
Page 25
drawings and gestures; display of sexually suggestive or
lewd objects; 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
City's premises or circulated in the workplace.
In addition to the above forms of unlawful harassment,
sexual harassment may also include, but is not limited
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
supervisors 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
Such conduct has a purpose or effect of
substantially interfering with an individual's work
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.
_'t is the imoact of the harassment, not the intent that
("- )unts. 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.
And 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
emplovee or volunteer in violation of this policy, the
Resolution No. 2002 -
Page 26
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; or if the
immediate supervisor is involved in the wrongful 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
Heiman Resources Division staff (Human Resources
Assistant /Analyst and Assistant to CCit Manager /City
Clerk), City Manaqer, Assistant City Manager, any City
Department Head, or to the Administrative Services
_ .---- ..- .- ... —.. -- - ...-- .._._... -- - - - - -- —
Manager, Information Services Manager, Planning Manager,
Public Works Supervisor, or Recreation Manaaer.
If a_City employee or volunteer_ believes he or she has
been harassed by a contract City employee, vendor,
appointed or elected official, or any other person, the
affected employee or volunteer should promptly report the
facts of the incident and the names of the individuals
i.nvoived to the Assistant to City Manager/City Clerk or
alrectly to the City Manaaer.
If the harassment complaint involves the City Manager,
the affected employee or volunteer should promptly report
the facts of the incident to the Assistant to City
Manager /City Clerk, who will then forward the complaint
to the City Attornev and City Council.
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 Division staff (Human Resources
Assistant /Analyst and Assistant to City Manager /City
Clerk) or directly to the City Manager.
B. investigation. 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 prohibition against 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.
000:,G43
Resolution No. 2002 -
Page 27
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 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 ) The Human Resources Division staff will instruct
the complainant to immediately report recurring or
continuing harassment.
3) The Human Resources staff shall request the
complainant to sign a form acknowledging the
following:
(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. Acknowledgment of Receipt of
Harassment in the Workplace Policy.
All employees and volunteers shall be required to sign a
form on the first day of employment or volunteer work
acknowledging the following:
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
003164
Resolution No. 2002 -
Page 28
any questions, I shall contact my Supervisor
or Department Head.
SECTION 1�&7. 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 1-78.
Resolution No. 2001 -1926 is hereby rescinded.
SECTION 1 -99. 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 18th day of December, 2002.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
001311-G5