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HomeMy WebLinkAboutAGENDA REPORT 2004 0121 CC REG ITEM 09CMOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council ITEM q • C - 4`�'''w r FROM: Deborah S. Traffenstedt, ATCM /City Clerk --�✓ ' DATE: January 15, 2004 (CC Meeting of 01/21/04) SUBJECT: Consider Adopting Revised City Council Policies Resolution and Rescinding Resolutions Nos. 93 -949, 99- 1576, and 2002 -2040 BACKGROUND The City Council has recently directed the inclusion of two new policies in the City Council Policies Resolution. On September 17, 2003, the Council directed staff to add a new policy to exempt vehicles with a handicap license or placard from the City's Street Sweeping Parking Restriction; and on November 19, 2003, the City Council directed staff to add a new policy on Councilmembers commenting on development projects before the Planning Commission. In addition, on September 17, 2003, the City Council approved increasing the dollar limit from $1,000 to $2,500 for warrants requiring the signature of the Mayor or Mayor Pro Tempore. Since the $1,000 limit was established by Resolution No. 93 -949, staff is proposing to incorporate the amended policy into the new Policies Resolution and rescind Resolution No. 93 -949. Staff has prepared a draft resolution (attached) to incorporate the new policies directed by Council and has also incorporated other new policies and revisions to policies as discussed below. DISCUSSION The attached draft revised City Council Policies Resolution includes new policy language and revisions to policies as shown with legislative format, and as summarized below: • Editorial revisions have been made to several of the existing City Council policies and sections of the resolution, as shown with legislative format. Minor edits, which are self - explanatory, are not discussed in this report. 000014 Honorable City Council January 21, 2004, Regular Meeting Page 2 • Policy 3 has been rewritten regarding the procedures to be followed for reimbursement of travel expenses. • In Policy 12, the dollar amount that each Councilmember and the City Manager is authorized to expend funds for the City's Social Services Account has been revised from $200 to $250 per occurrence. • Policy 16 (regarding harassment in the workplace) has been revised to be more clear regarding filing a complaint, documentation, notification to complainant, and other editorial corrections. • Proposed new Policy No. 17 would exempt vehicles with a handicap license or placard from the City's Street Sweeping Parking Restriction (consistent with City Council direction on September 17, 2003). • Proposed new Policy No. 18 provides direction on Councilmembers commenting on development projects before the Planning Commission (consistent with City Council direction on November 19, 2003). • Proposed new Policy No. 19 would provide the City Manager with the authority to approve small claims court filings. • Proposed new Policy No. 20 sets forth the authority for the City Manager to allow, settle, and /or compromise any general liability claim filed against City with a value up to $5,000, and Resolution No. 99 -1576, which previously authorized the City Manager to allow, settle, and /or compromise any general liability claim with a value of less than $2,500, is proposed to be rescinded. • Proposed new Policy No. 21 sets forth the revised authority for the issuance and countersigning of warrants and Resolution No. 93 -949, which had previously set forth the policy for issuance and countersigning of warrants, is proposed to be rescinded (consistent with City Council direction on September 17, 2003). • Proposed new Policy No. 22 is intended to provide direction on letters of recommendation and responses to background inquiries for employees, contract staff, and consultants. • Proposed new Policy No. 23 sets forth the dollar limits for an Employee Anniversary Recognition Program and provides the City Manager with the authority to establish the specifics of the award program. (A copy of the City Manager's proposed Employee Anniversary Recognition Program for up to twenty years of service has been provided to the Council under separate cover.) • Proposed new Policy No. 24 sets forth the dollar limits for employee recognition at the time of retirement from the Public Employees Retirement System (PERS). 000015 Honorable City Council January 21, 2004, Regular Meeting Page 3 • Proposed new Policy No. 25 establishes a cellular telephone allowance for the City Council. STAFF RECOMMENDATION Adopt Resolution No. 2004- Attachment: Draft Resolution 0®00i6 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING REVISED COUNCIL POLICIES AND RESCINDING RESOLUTIONS NOS. 93 -949, 99 -1576, AND 2002 -2040 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 in one resolution; and WHEREAS, on December 18, 2002, the City Council adopted Resolution No. 2002 -2040 approving a revised Council Policies Resolution; and WHEREAS, the City Council previously set forth in Resolution No. 93 -949 the authority for the issuance and countersigning of warrants, and that authority is proposed to be amended and incorporated into the Policies Resolution and prior Resolution No. 93 -949 rescinded; and WHEREAS, the City Council previously set forth in Resolution No. 99 -1576 the authority for the City Manager to allow, settle, and /or compromise any general liability claim filed against City with a value of less than $2,500.00, and that authority is proposed to be amended to a value of up to $5,000.00 and incorporated into the Policies Resolution and prior Resolution No. 99 -1576 rescinded; and WHEREAS, the City Council has determined that revisions are required to several existing policies and additional new policies should be incorporated to exempt vehicles with handicapped driver license plates or placard from street sweeping parking restrictions, to provide direction on City Council comments on development projects before the Planning Commission, to provide authority for the City Manager to approve small claims court filings, provide direction on letters of recommendation and background check responses for employees, contract staff, and consultants, to establish the dollar limits for an Employee Anniversary Recognition Program and authorize the City Manager to establish the specifics of the award program, to set forth the dollar limits for employee recognition at the time of retirement from the Public Employees Retirement System, and to establish a cellular telephone allowance for the City Council; and 000017 Resolution No. 2004 - Page 2 WHEREAS, the City Council has determined that Resolution No. 2002 -2040 should be rescinded and the revised Policies Resolution should be adopted. 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, TRAINING, AND CONFERENCE EXPENSE REIMBURSEMENT On various occasions it will be necessary for City officials, elected and appointed, and staff to attend meetings, seminars, training, and /or conferences outside the City or County on City business. Such occasions fall basically into t- seethe following categories: 1. Meetings /Seminars /Training Sessions, which do not Require Overnight Accommodations; 2. Conferences /Training Sessions which Required Overnight Accommodations, or which Require an Expenditure Exceeding $250.00; ei:i-d 3. Travel for arTSpecial Meetings or Training -; 4. Council and Commissioner Travel; and 5; Mileage Reimbursement for City- Appointees ---to----Boards, Commissions, and Committees. This polio is intended to identify the procedures for receiving approval for travel and reimbursement of expenses. The Cif Manager may issue further rules for City employees that are consistent with this policy. Al. Meetings /Seminars /Training Sessions, which do not require overnight accommodations (one day or less and return). 000018 Resolution No. 2004 - Page 3 I+A. The costs of registration, meals, parking and mileage for private vehicle use are allowable City expenses —, and Departments Heads, the Assistant City Manager, and City Manager shall be required to pre - approve City reimbursement for employees they supervise. Aa..nd ne at -emf- the f=T-t y Manager-. • .3+B. The Department Heads, Assistant City Manager, and City Manager ehamay not approve Leh attendance unless funds have been =pp rep iate a budgeted_ and are available for the subject purpose. A+C. Wherever possible, registration fees will be paid in advance by the City. The individual attending shall typically advance all ether neeessar� mileage and pa_ king costs. -5+D. Upon return to the City, the individual attending shall complete the - -claim ferRi-mbarseffient of Travel F,�Epense, in final fe m, a petty cash reimbursement form for total costs less than $50.00, or a "Travel Authorization and Reconciliation Report" form (available on City Share /City Share /Finance /Forms) when total costs exceed $50.00. a-i-A The reimbursement form shall be submitted it to the Department Head, Assistant City Manager, or City Ylanager for N ;- nbuir,.eFfient approval, as applicable. E. Meal and travel expenses will be reimbursed consistent with the more detailed polite language included, below, for subsections 2.E. and 2.F. of this policy, with the exception that rental car reimbursement is not permitted for one day or less training with no lodging. 132 . G e-esrleetings /Seminars /Training Sessions, 4-Rwhi c 1 Requirei-FiEl Lodging or an Expenditure Exceeding $250.00 -}. 4-A. Allowable Expenditures: The costs of registration, lodging, meals, parking, and mileage for private vehicle use 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, attendance shall require approval and an appropriation of funds by the City Council. 0€ 0+0 1.9 Resolution No. 2004 - Page 4 G �r�,, Mee�g preeeeding th"e— � --e—ef the renfei=enee r iT "v l 6) �4pen reticii=n te the Gity, the individual attending shall-' eefftplete + l Expe- in final fe =FR with supper-- t-inej TCeeipte e - eash : ie}tee:L-s, their- and siabfftit it within 10 days ef Dqanagei� for L T e t a l r e e e i pt — z-e� —FRe a l l and a w e crucedtips —' -* l be henereel up to $50AG per elay based en the c 14:-Rr is of `$10.90 fer— lreakfa-st, $18.08 —fer J: inch and $25.00 fe 'sir -n n e E. Meals e a n-b be eaffibined . 6) T YYC —travel per them alleioVUnee for Meals plus --tips . The per-diem - alewanee shall eenform -t-&--the eurrently allewed-- Int- e-rna1 Revenue Seer- ze r�S�- a-1- leta --ree- €edEali€e nia ems wee . it shall -be -1 abed when } -epr i ate- 7) When the individual attendin an appreved -ee Fe�eneeis aecempanied by his -er-her s parse -ems , the alle le -eest fer !edging shall be only t at w ; weuld be allowed if the- rnivii ­a! were traveling agene The !edging and all ether expenses of the speuse or �iavclrng-- ee-paniOe- perevrrcc-I i and net -"' abl-e-h�y t-he City. B. Travel Expense Report: A "Travel Authorization and Reconciliation Report" form (available on City Share /City Share /Finance /Forms) is to be completed for each employee_ traveling. The Department Head must approve the form, 000020 Resolution No. 2004 - Page 5 indicating that sufficient funding is included in the budget. Once approved by the Department Head, the reocrt is to be submitted to the City Manaqer_ _for_ approva' at least one week prior to the City Council Meeting proceeding the date of the Conference /Training Session. The City Manager shall either approve /disapprove the travel or refer to the City Council and recommend attendance /non- attendance based on the availabil=ity of .Funds, proposed content of the meeting, and other meetings in the same general subject area, which may be scheduled later durina the budaet year. Following City Manager or City Council approval, the Department Head must ensure the form is submi ted to Finance staff in a timely manner. C. Registration: Registration will be paid in advance by regular warrant whenever possible. A registration form shall be comnlet_e_d_ by the department and submitted to the Finance Division with the approved Travel Authorization and Reconciliation Report form. Finance will process the warrant and mail the registration form. D. Lodging: The City will pay lodging expenses for City employees during business travel requiring one or more overnight stays. The City will pay for lodging for the evening preceding or subsequent to a meeting or business event when the employee would have to travel at unreasonably early or late hours to reach his or her destination. Payment for pre -event lodging shall reau;�.re City Manager approval and _will typically not be approved if the total miles of travel from City Hal_':_ to the site of the event are less than 75 miles. Costs for lodging must be reasonable based on availability of hotels and proximity to conference/training location. Receipts are required. Lodging may be guaranteed or paid by a City credit card. Each Department Head shall use his/her card for guaranteeing or paying for rooms for employees with--'n their department. When requesting a check for lodging,, an employee shall attach a copy of the approved Travel Authorization and Reconciliation Report form. The request shall typically be submitted to the Finance Division no less than three (3) weeks prior to travel. Finance will process the warrant and give it to the Department Head to give to the appropriate employee. Department Heads may use their City credit card to cra_r_ge lodging for themselves and other employees traveling to the same conference. Employees may also use personal 00002-IL Resolution No. 2004 - Page 6 credit cards with reimbursement requests submitted after the conference. E. Meals: The traveler- may receive a per -diem allowance for meals plus tips. The per diem allowance shall conform---o the currently allowed Internal Revenue Service (IRS) allowance for the city of travel and does not require substantiation with receipts. Regarding partial days, travel beginning on or before 7:00 a.m. qualifies for breakfast. A -return time beyond 1:30 p.m. qua- _ifies for lunch. --Return times beyond 7:00 p.m. qualify for dinner. Travelers will not be reimbursed for the cost of a _lunch or dinner meal, if such meal is already paid for and provided as part of the conference expenses, and the per - diem allowance will be reduced accordingly, per the IRS published allowance. The City will pay reasonable and customary gratuities and tips during City business travel. Tips for meals_ are included in the standard per diem rate. If no per diem rate is published for the city of travel, or if the traveler prefers, receipts may be submitted for food and tips up to $50.00 per day based on the limits of $10.00 for breakfast, $15.00 for lunch and $27.00 for dinner. Advance payments of per diems are permitted for multi -day conferences only. A request for a per diem advance shall be submitted to the Finance Division, typically no less than three (3) weeks prior to travel. Finance will process the warrant and give it to the department head to give to the appropriate employee. F. _Travel: Use of air, train, private car or bus shall be selected on the basis of the most reasonable and appropriate method, taking into consideration distance, time, and total costs to the City after all expense items are tabulated, including travel time and salary costs. — - - - - -- -- - - - -- - - - - -- -- - - -- Travel for all personnel shall be in coach class or equivalent service. While traveling_, the use of rental vehicles is to be discouraged. Hotel courtesy buses_, local shuttle services or public transportation, if available, should be utilized between airports and meeting locations. If a shuttle service is used from home to the air ort, bus, or train terminal, the cost for the shuttle shall not exceed the cost for personal vehicle mileage reimbursement plus 000022 Resolution No. 2004 - Page 7 narking (if the trip originates or ends at the employee's residence, personal vehicle mileage reimbursement shall be _calculated based upon the number of miles between the travel destination and either the employee's designated work location or residence, whichever is the _shortest _ distance). Taxi service shall be used only when no other c_onvenient_, less costly mode of transportation is available. Rental vehicles may be approved in advance by the City Manager when no other transportation is available, or when alternate transportation would be more expensive or impractical_. When rental vehicles are used, the least expensive vehicle practical will be used. Payment for air travel is to be made by City credit, card at the time of booking. If a travel agency will invoice for the payment, that method may be used. Employees may also use personal credit cards and then request reimbursement from the City. Employees pre- approved to use personal vehicles for travel will be reimbursed for mileage at the then current Internal Revenue Service mileage rate; however, 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. Use of a privately owned veh -.cle on City business requires the driver to possess a valid California driver's license and to carry automobile insurance. Any damages to the vehicle or service repairs are of a personal nature, and are not _ reimbursed by the City_._ Reimbursement will be based on the vehicle and not on the number of employees attending (i.e. the owner of the vehicle will be paid and not -he passengers). If the trip originates or ends at an employee's residence, personal vehicle mileage compensation shall be based upon the number of miles between the travel destination and either the employee's designated work location or residence, whichever is the shortest distance. Expenses such as tolls and parking will be fully reimbursed upon presentation of the original receipt. Valet parking will only be reimbursed if there is no self - parking option. Reimbursement for use of a personal vehicle for local travel is not applicable to those management employees receiving an automobile allowance. These employees may, however, receive reimbursement if travel is outside of the six count area of Santa_ Barbara, Ventura, -os Angeles San Bernardino, Riverside and Orange Coun-lies. 000023 Resolution No. 2004 - Page 8 G. Final Expense Report: A final Travel Authorization. and Reconciliation Report form is to be completed by the employee within ten (10) days of completing the travel. Any .reimbursement requests not submitted within 30 days of the meeting date may not be honored and traveler shall assume all costs, unless waived by the City Manager. Unsubstantiated advances may result in the issuance of an IRS form 1099 to the traveler.- The report i_s to include a final accounting of all expenses related to the travel, including expenses already paid by the City (by warrant or credit card) and expenses paid by the employee. All hotel bills, rental bills, airline ticket invoices and other receipts are to be attached to the fo_ -m. If the employee has received, or is requesting, the _per diem amount for food and tips, receipts for meals are not required. If any reimbursement to the City is required, a personal check in the correct amount is to be submitted with the expense report. Items of a personal nature are not reimbursable including movies, entertainment, premium television services, alcoholic beverages, laundry /dry - cleaning, spas, gyms, barber,_ magazines, shoeshine, travel insurance, archase of clothing or toiletries, loss of tickets, fines or traffic violations, excess baggage, valet service, spouse /and or guest accommodations, office equ=_pment and other items of a personal nature. If unauthorized expenses have been paid by the City (i.e. via credit card) , -the employee will be responsible for immediate reimbursement to the City. Reimbursement of travel expenses received from an outside source must be forwarded to the Finance Division upon receipt.. The final Travel Authorization and Reconciliation Report form is to be signed by the Department_ Head, Assistant City Manager, or City Manager, as applicable, and submitted to the Finance Division for verification.. If payment is due to the employee, the payment wil_1_ be processed in the next available warrant cycle. 1`3. Staff Travel - Regular/Special Meetings or Training for which Funds are not Appropriated. Staff by City Haaiager t asesgned er _:_ree-ted l e h aL-t- nd—aL=ea lee e r speei : he a meetings a whirl -e a_ w €--business, ee--a —fir em iime t o l b be e—euring re g r Faileage e e ur-s e —e meals rho -1 reimb�ii=sed— ernet-ual t l t—basis. and S t= €f ether expenses travel e ,, ,awanee n—a an a-e d a e e s be—rei a -memb ens- —will mbersed —#=er aettial: Ffii-lerage r 000024 Resolution No. 2004 - Page 9 f-e the f a l hale f Mileage c�Epe n s e- = be the ,�e -�:i e e-e --a- -p ewe v e - e re-Ir Revenue shall at eurren4EI:y all 1, _ Sefviee - i .. . _ €arF�=e the de�atien, he -fie , — plmiis - pi=lOLate vehic __._l Je Attendance at a special meeting or training, for which funds are not appropriated, in G±ty - ata_nd for 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. -E4. Council and Commissioner ExpensesTravel 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. -E5. 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 Claim 000025 Resolution No. 2004 - Page 10 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. The City Clerk will submit the Claim for Reimbursement of Travel Expenses to the City Council Budget and Finance Committee for review and approval. SECTION 4. POLICY 4 - REPORTS FROM APPOINTEES 1. Reports are required from appointees to the following: Area Agency on Aging Area Housing Authority 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 List will be prepared and posted at the City Community Center, a-nd Moorpark Library, and netiee pr . -de~d on the City's Home Page, a-r-�d leea-1 - g��- Pr-rFaeSt ehai-ipel, of all citizen appointive positions and their expiring term of office (in compliance with the Maddy Act requirements, Government Code Section 54973) . A contact number and request for communication with the City Clerk will be included, to allow residents to obtain information on any requirements for the appointed positions, and to facilitate communication with the City Clerk in the event a citizen has an interest in being placed on the appointee resource list. Notice of the availability of the 000026 Resolution No. 2004 - Page 11 Appointments List shall also be provided on the City's local government channel. The Appointments List and notice of _availability shall remain posted for the month of January. In addition, the Local Appointments List shall be made_ available for the public to purchase for the actual cost of reproduction. 2. Not later than 30 days prior to the expiring term of office of a citizen appointee, the City Clerk will 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 Community 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, 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. S. 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 mail an application at the time of the next advertisement. 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 following 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. 7. As per Government Code Section 40605, the Mayor shall make all appointments to boards, commissions and committees. 8. The procedure for appointments shall be as follows: 000027 Resolution No. 2004 - Page 12 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 - SENle ACTIVE ADULT CENTER ADVISORY COMMITTEE 1. Purpose The -,�4en�Active Adult 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 GrActive Adult 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 I members, age 60 or older. The Sew =Active Adult 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 Policy 5 of this resolution. 000028 Resolution No. 2004 - Page 13 If there are three (3) consecutive, unexcused or excused absences, or five (5) total absences during the term of an See r-Active Adult 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 SenierActive Adult 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 aei=f�LActive Adult Center Advisory Committee shall use the title of SenierActive Adult Center Advisory Committee member on any form of communication unless authorized by the Community Services Director and then channeled through the SenerActi.ve Adult Center.Advisory Committee for approval. The -S�=Active Adult 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 SenlerActive Adult Center Advisory Committee shall hold monthly meetings at the Genie=Active Adult 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. 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 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. 000029 Resolution No. 2004 - Page 14 D. Assist with program surveys and evaluations. E. Assist with dissemination of public information of interest to seniors through word of mouth and by actively participating in programs. F. Provide liaisons with various community organizations that offer programs and services to seniors by bringing outside information to the 4e-R- Active Adult Center. G. Discuss and make recommendations to staff as to policies and procedures related to the operation and scheduling of the SenleiFActive Adult 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 City Council. 2. 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 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) 000030 Resolution No. 2004 - Page 15 representative from each grade level from 7th grade to 12th 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 would 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, 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 members. 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 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 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 000031. Resolution No. 2004 - Page 16 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 8. POLICY 8 - 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 000032 Resolution No. 2004 - Page 17 alternate. The appointments regularly scheduled meeting in year and at the reorganization each even - numbered year. 3. Alternates to Committees shall be made at the first January of each odd - numbered meeting of the City Council in 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 Assism�ant Git-y Manag Administrative Services Director Affordable Housing /Community Development - Community Development Director Economic Development - Assistant City Manager Public Works, Facilities and Solid Waste - Public Works Director Transportation and Streets - Public Works Director 000033 Resolution No. 2004 - Page 18 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). 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 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 000034 Resolution No. 2004 - Page 19 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. S. Step Five - E -mail draft ordinance to City Attorney. 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 10. POLICY 10 - TEMPORARY USE PERMIT FEE WAIVERS 000035 Resolution No. 2004 - Page 20 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 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 11. POLICY 11 - 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 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. 0000.36 Resolution No. 2004 - Page 21 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 12. POLICY 12 - 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 $2- 8-G250.00 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 13. POLICY 13 - REFUNDS FOR BUSINESS REGISTRATION The City will not issue refunds for business registration permits. SECTION 14. POLICY 14 - 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 00003'7 Resolution No. 2004 - Page 22 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 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 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 000038 Resolution No. 2004 - Page 23 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 14. POLICY 14 - 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 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 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 subject of the governmental decision. D. One conflict of interest appraisal shall be allowed per year for the 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. o00039 Resolution No. 2004 - Page 24 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. 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 ($1,000,000.00) [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 000040 Resolution No. 2004 - Page 25 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 City Manager, provided that no member of the Evaluation Committee shall sit on the Appeals Panel._ Further appeal shall be to the City Council in accorda: ice with Section 2.04.080 of the Municipal Code. 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. 2. Policy 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 harassment on the basis of race, religion, color, national origin, 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. 000041L Resolution No. 2004 - Page 26 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; Physical harassment can 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 photographs, calendars, posters, cards, cartoons, 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 C. 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. 000042 Resolution No. 2004 - Page 27 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. Procedures A. Filing Complaint. If a City employee or volunteer believes he or she has been harassed by another City employee, en volunteer, contract City employee, vendor, appointed or elected official, or any other person, 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, Department Head, Human Resources Division staff (Assistant to City Manager /City Clerk or Human Resources Assistant /Analyst), or directly to the City Manager.; er- if the ifffi--Rediate- eAge��or -ice reams en the emp lute e—e r - ;owe lllan t ee r feels uneeFfi�€e rtab le velunteer raay Lcepei=t the- elaira to =the R.,f n neeseiireen Assist- ant to —Gity Mana-ger,/ity Gle-rk`,Gib- Mana-g Assistant Gity Manager, any Gity Mega Etfrre n t l i e a d,e i-t e he ",gym; ^ str-at; ve Se� viees ManzageLc, lnfeicfaatien SeL=vi-ees Manager, PlaRning Manager-, rPu �-��- @- �eT -E-S S r cpe-iTi -;vr, 6-r Reer-eatien Manager. if l-e believes h has a- -ems been hiarasseel y e e-e r v el�aqlc-eer by Gity er she a-ppe -ems- - --a eentraet l t d-e f fieial, efrpleyee, vender, i-td- t e e e e e r any levee- she l d-pr-efftptly ether peR, the l a T_ _ ed effi fact t1lie e3� vei:int-ee f u den± the r ege f the rt t e 6ua i s ef in l Lea- t ire -i anel nafftes o the Assistat G i t Ma-n -indiv G i lei v e e- dire_}ly fe- -fie y he -city Manager. a q e r/ t- y -C -e r 000043 Resolution No. 2004 - Page 28 If the harassment complaint involves the City Manager, the affected employee or volunteer, or the supervisor that receives the complaint, 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 Attorney and City Council. If the Assistant to City Manager/City Clerk is unavailable_ for more than a day, the complaint shall. be reported to the Human Resources Assistant /Analyst, who will then forward the complaint to the City Attorney. 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 staffer- t-e �r�F or directly to the City Manager. B. Investigation. Supervisors and managers must immediately report any claims of unlawful harassment to the —Gty Manager's ____= Human Resources Division staff '4 -r Reseur ands er Assd: -an:� to Git-p Manager 'r; ty r ' er'e` and /or directly to the City Manager. The Gity ManagerHuman Resources Division staff shall coordinate a prompt, objective, and thorough investigation of any such complaints, after con_s_ultation with the City Attorney. At the conclusion of the investigation, the City Manager will make a determination if any individual has violated the prohibition against unlawful harassment. If the complaint includes the City Manager, the City Council will make the 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. 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 1 IIIMA V. Resolution No. 2004 - Page 29 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. All harassment related investigation files shall be retained by the City Attorney's office until such time as file destruction is approved by _the City _Council in accordance with records retention reauirements. F. Notification to Complainant. 1) The complainant will be informed by the Human Resources Division staff or City Attorney's office that action has been taken. 2) The Human Resources Attorney's Office will immediately report harassment. 3) When recommended by t T-the Human Resources complainant to sign following: Division staff or City instruct the complainant to recurring or continuing :he City Attorney's office, staff shall request the a form acknowledging the (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. Unwarranted Harassment Complaint or False Accusation. A record of a harassment complaint brought in good faith will not be included in an employees personnel file if the complaint is found to be unwarranted after ccnductirg an investigation. If a complaint is found to be a malicious false accusation, the employee who brought forth the complaint will be subject to disciplinary a rt inn _- GH. Employee /Volunteer Acknowledgment of Receipt of Harassment in the Workplace Policy. All employees and volunteers shall be required to sign a form on the first 000045 Resolution No. 2004 - Page 30 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 any questions, I shall contact my Supervisor or Department Head. SECTION 17. POLICY 17 - WAIVER OF STREET SWEEPING PARKING RESTRICTIONS FOR VEHICLES WITH HANDICAPPED DRIVER LICENSE PLATES OR PLACARD It is the Council's policy that vehicles with handicapped driver license plates or placard shall be exempt from the Citv's street sweeping Darkina restrictions. SECTION 18. POLICY 18 - CITY COUNCIL COMMENTS ON DEVELOPMENT PROJECTS BEFORE THE PLANNING COMMISSION It is the Council's policy to avoid any attempt to influence the recommendations or decisions of the Planning Commission. Accordingly, Councilmembe_rs shall refrain from making or submitting comments on a project while the matter .'s before the Planning Commission and shall instead make such comments at the time of the Council's consideration of the matter as the decision- making body; or in the case of the Planninq Commission acting as the final decision - making body, a Councilmember wishing to make comment on the matter may act to call the matter up before the Council on appeal consis-ent with Section 17.44.090 of the Municipal Code, rather than comment on the matter while it is before the Planning Commission. Notwir- hstanding the foregoing, a Councilmember may make or submit a comment on a matter while it is before the Planning Commission, if the Councilmember does not participate in consideration of the matter when that matter is before the City Council. In such a situation, the Councilmember shall make clear at the time of any comment that the Councilmember is making or submitting such comment as an individual, rather_ than in his or her capacity as a Councilmember. Additionally, a Councilmember may submit written comments on a project during the CEQA comment_ period for an EIR, if the Councilmember wishes written responses to be generated by the City to such written comments. If the Councilmember submits such comments, the Councilmember need not refrain from participatina in consideration of the protect at the Council 000046 Resolution No. 2004 - Page 31 level, provided that such written comments must be limited to the environmental issues associated with the protect. SECTION 19. POLICY 19 - AUTHORIZATION FOR CITY MANAGER TO APPROVE SMALL CLAIMS COURT FILING AND CIVIL COMPROMISE FOR CITY CLAIM AGAINST ANOTHER PARTY HAVING A VALUE NOT TO EXCEED $5,000.00 It is the Council's policy that the City Manager shams have the authority to approve_ the filing of a small claims court action, with the City as the plaintiff, when money is owed t-he CitV. The City Manager shall also have the authority to settle and /or compromise any claim of the City_ againsz� another artV, when the value of the City's clam does not exceed $5,000.00. SECTION 20. POLICY 20 - AUTHORIZAI'ION FOR CITY MANAGER TO ALLOW_, SETTLE AND /OR COMPROMISE ANY _GENERAL_ LIABILITY CLAIM_ _F_ ILED AGAINST THE CITY HAVING -A VALUE NOT TO EXCEED $5,000.00 Pursuant to the authority provided in California Government Code 935.4, the City Council authorizes the City_ Manager by written order to allow, settle, and /or compromise any general liability claim filed against the City having a value less than $5,000.00, in the quickest most efficient manner op ssible, including a written order for a warrant to be drawn upon the treasury of the City in the amount for which a claim has been allowed, compromised or settled for an amount not to exceed $5,000.00. SECTION 21. POLICY 21 - AUTHORIZATION FOR THE ISSUANCE AND COUNTERSIGNING OF WARRANTS PURSUANT TO CHAPTER 3.12 OF THE MOO_RPARK MUNICIPAL CODE Demand warrants shall be issued for payment of operational expenses related to the purchase of goods, services or equipment, and payroll warrants shall be issued to compensate employees for services rendered or to pay for benefits or other related personnel` costs. The City Manager is hereby designated to countersian warrants signed by the Mayor or Mayor Pro Tempore in the absence of the City Treasurer. An payroll warrant shall be signed by the City Manace.r, Mayor, or Mayor Pro Tempore, and countersigned _bv the City Treasurer, City Manager, City Clerk, or City Treasurer designee; however, the City Manager may not countersian his own signature. 00004'7 Resolution No. 2004 - Page 32 Any demand warrant shall be signed by the Mayor or Mayor Pro Tempore and shall be countersigned by the City Treasurer, City Manager, City Clerk, or City _Treasurer designee, except demand warrants less than or equal to $2,500.00 may be signed by the City Manager and countersigned by the City Treasurer, City Clerk, or Citv Treasurer designee. SECTION 22. POLICY 22 - EMPLOYEE, CONTRACT STAFF, AND CONSJLTANT LETTERS OF RECOMMENDATION AND BACKGROUND CHECK RESPONSE Given the liability potential related to _ letters of recommendation and responses to background check inquiries, the Council's policy is that letters of recommendation and background check responses shall be restricted in accordance with this policv. All current or former City employee, contract staff, private contractor, consultant, or other business entity letters of recommendation and testimonials written by a City employee, contract staff, or City Council appointee (including but not limited to Planning Commissioners and Parks and Recreation Commissioners), and pertaining in any way to the business of the City, must be approved by the City Manager or his /her designee. Prior to any staff response to a background check inquiry for contract staff, private contractor, or a consultant, the Assistant to City Manager /City Clerk or City Manager approval is required. All background check inquiries for current or former City employees shall be directed to the City's Human_ Resources_ Division staff for response. City Councilmembers shall contact the City Manager prior to providing any letter of recommendation for a current or former City employee, contract staff, private contractor, and /or consultant, to ensure that such Councilmember is made aware of any liability and /or human resources related concerns. SECTION 23. POLICY 23 - EMPLOYEE ANNIVERSARY RE.000NITION PROGRAM The City Manager shall have the authority to approve an Employee Anniversary Recognition Program for regular - -and management employees consistent with the dollar limits set forth in this policy. All years of service will be calculated on a cumulative basis and will not include unpaid leave of absence time. 000048 Resolution No. 2004 - Page 33 5 Years of Full-Time Service: Award gift not to exceed 5 Years of Part -Time Service: Award gift not to exceed 550.00. 10 Years of Full -Time Service: Award gift not to exceed $300.00. 10 Years of Part -Time Service: Award gift not to exceed 15 Years of Full -Time Service: Award gift not to exceed $500.00. 15 Years of Part -Time Service: Award gift not to exceed 20 Years of Full -Time Service: 20 Years of Part -Time Service: Award Gift not to exceed Award aift not to exceed 25 Years of Full -Time Service: Award gift not to exceed $1,000.00. 25 Years of Part -Time Service: Award gift not to exceed 30 Years of Full -Time Service: Award gift not to exceed $1,200.00. 30 Years of Part -Time Service: Award gift not to exceed 40 Years of Full -Time Service: Award gift not to exceed $1,400.00. 40 Years of Part -Time Service: Award gift not to exceed SECTION 24. POLICY 24 - CITY PAYMENT FOR EMPLOYEE RECOGNITION AT THE TIME OF RETIREMENT FROM THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS). Regular and management employees with five or more years (60 plus months) of full -time equivalent service with the City of Moorpark will receive a contribution from the City to be used towards a retirement recoqnition event (for this full -time 000049 Resolution No. 2004 - Page 34 equivalent calculation, unpaid leave of absence time will not be included and regular part -time hours will be converted to equivalent full -time years). The event may be held at a City facility with the room provided free of cost, if the City Manager is provided with no less than 30 days notice of pending retirement; the event contribution is to be used for catering, decorations, gift, entertainment, and /or related costs, as approved by the City Manager to supplement event donations; and there is no cash value if the employee elects to not have a retirement event. The dollar limits for the event contribution will be based on full -time equivalent service time with the City as follows: $250.00 for 60 to 119 months of full -time equivalent service. $500.00 for 120 to 179 months of full -time equivalent service. $750.00 for 180 to 239 months of full -time equivalent service. $1,000.00 for 240 to 299 months of full -time equivalent oo rc�i �o $1,250.00 for 300 or more months of full -time equivalent SECTION 25. POLICY 25 - CELLULAR TELEPHONE A monthly cellular telephone (cell phone) allowance of $70.00 shall be provided to each member of the City Council. In addition to the monthly allowance, the City shall reimburse each Councilmember up to a maximum of $125.00 every two years upon submittal of an invoice showing proof of payment _ for a new cell phone. Each Councilmember shall obtain a cell phone service with no less than Statewide coverage and voice mail and paging capabilities. SECTION 126. This Council Policies resolution shall be updated from time to time as needed but not less often than following each General Municipal Election beginEinej - 19 The revised resolution will be presented to the City Council for review and adoption. SECTION 27. City Council Resolutions Nos. 93-949 99 -15.76 and 2002 -2040 are hereby rescinded. i SECTION 1-928. 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. 000050 Resolution No. 2004 - Page 35 PASSED AND ADOPTED this 21st day of January, 2004. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 00001