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Home My WebLink AboutRES CC 2022 4097 2022 0518RESOLUTION NO. 2022-4097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING REVISED COUNCIL POLICIES AND RESCINDING RESOLUTION NO. 2022-4076 WHEREAS, the City Council has directed that its policies be compiled and adopted in one resolution; and WHEREAS, the City Council adopted Policies Resolution No. 2022-4076 on February 16, 2022, and at the regular May 18, 2022 City Council meeting, the Council considered a revised Policies Resolution incorporating amended policies as described in the agenda report; and WHEREAS, Policies Resolution No. 2022-4076 is proposed to be rescinded and an updated Policies Resolution adopted; and WHEREAS, the index for the updated City Council Policies Resolution is as follows: SECTION 1. POLICIES APPLICABLE TO CITY COUNCIL OR CITY COUNCIL CANDIDATES Policy 1.1: Policy 1.2: Policy 1.3: Policy 1.4: Policy 1.5: Policy 1.6: Policy 1.7: Policy 1.8: Policy 1.9: Policy 1.10: Policy 1 .11 : Policy 1.12: Policy 1.13 Information to be Provided to Official City Council Candidates (Councilmember and Mayor) City Council Standing Committees City Council Comments on Development Projects before the Planning Commission City Council Use of City Website City Council Use of City Computers and City Email Accounts for all City Business Communications City Council Credit Card Use City Council Use of City Pool Vehicles City Council Cellular Telephone City Council Completion of City Manager Evaluation City Council Identification Badges and Picture Identification Card City Council Restrictions on the Use of Mass Mailings City Councilmember and Office of Mayor Candidates Campaign Advertising Prohibited in Any City Sponsored Publication City Council Meeting, Training, and Conference, Expense Reimbursement SECTION 2. POLICIES ADMINISTERED BY THE CITY MANAGER'S OFFICE/CITY CLERK Policy 2.1: Policy 2.2: Policy 2.3: Policy 2.4: Policy 2.5: City Clerk Records Destruction Approval Authority Advertising and Appointment Procedures for Appointments to Boards, Commissions, and Committees Reports from Appointees and Mileage Reimbursement for Attendance Ethics Training Conflict of Interest Opinions and Appraisals Resolution No. 2022-4097 Page 2 Policy 2.6: Policy 2.7: Policy 2.8: Policy 2.9: Policy 2.10: Policy 2.11: Policy 2.12 Policy against Harassment, Discrimination, and Retaliation Drug-Free Workplace Procedure for Filing a Complaint against a City Employee or Contract Staff City Website Content and External Links Gift and Honoraria Regulations for City Employees Employment of Family Members Social Media Use by Members of City Council and City Commissions/Boards SECTION 3. POLICIES ADMINISTERED BY CITY MANAGER'S OFFICE Policy 3.1: Policy 3.2: Policy 3.3: Policy 3.4: Policy 3.5: Policy 3.6: 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 $10,000.00 Authorization for City Manager to Approve Reduction and/or Exoneration of a Surety with a Value Not to Exceed $10,000.00 Distribution, Use, and Reporting of Tickets or Passes Given to City Right-of-Way Acquisition Process Authorization for City Manager to Approve Employment Agreements and Retirement Incentive or Separation Settlement Agreements Affordable Care Act (ACA) and Safe Harbors SECTION 4. POLICIES ADMINISTERED BY COMMUNITY DEVELOPMENT Policy 4.1: Policy 4.2: Policy 4.3: Policy 4.4: Policy 4.5: DEPARTMENT Temporary Use Permit Fee Waivers Code Compliance Program Street Naming Designation of Community Events per Health and Safety Code Section 113755 First-Time Home Buyer Affordable Housing Program SECTION 5. POLICIES ADMINISTERED BY FINANCE DEPARTMENT Policy 5.1: Policy 5.2: Policy 5.3: Policy 5.4: Policy 5.5: Policy 5.6 Fund Balance Reserve Landscape and Lighting Assessment District Capital Reserve Fund Balance City Treasurer, Investments, and Cash Handling Authorization for Fee Modification and Waiver Fund Balance Reporting as Required by Governmental Accounting Standards Board Statement No. 54 (GASB) Debt Management Policy SECTION 6. POLICIES ADMINISTERED BY PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT Policy 6.1: Policy 6.2: Policy 6.3: Policy 6.4: Policy 6.5: Flag Etiquette Park Naming Standards of Conduct for City Recreation Facilities Teen Council Allocation of Park Improvement Fee Payments Resolution No. 2022-4097 Page 3 Policy 6.6: Policy 6.7: Policy 6.8 Recreation and Active Adult Programs and Services Cost Recovery Policy Public Art in New City Public Facilities Authority to Establish Rules, Regulations, Policies, and Procedures for the Operation of City-Sponsored Recreation Programs SECTION 7. POLICIES ADMINISTERED BY PUBLIC WORKS DEPARTMENT Policy 7.1: Policy 7.2: Policy 7.3: Policy 7.4: Policy 7.5: Policy 7.6: Policy 7.7: Policy 7.8: Waiver of Street Sweeping Parking Restrictions for Vehicles Displaying Special Identification License Plates or Distinguished Placards for Disabled Persons, and Waiver of Street Sweeping Parking Restrictions on Designated City Holidays or Emergency Orders City Public Sidewalk Maintenance and Repair Transit Security System Electronic File Retention Pursuant to Public Utilities Code Section 99164 and Government Code Section 34090.8 Crossing Guard Warrant Utility Street Cuts Restricted for Public Streets with New Rubberized and Conventional Asphalt Overlay Fee for the Cancellation of Parking Citations Relations to Disabled Persons Parking Zones Engineering and Grading Policies and Standards Review of Appealed Parking Citations NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: The following policies are intended to support the efficient administration of the business of the City, and the City Manager shall have the authority, consistent with the Moorpark Municipal Code, to further establish administrative procedures. SECTION 1. POLICIES APPLICABLE TO CITY COUNCIL OR CITY COUNCIL CANDIDATES Policy 1.1: Information to be Provided to Official City Council Candidates (Councilmember and Mayor) Councilmember and Mayoral Candidates who have successfully completed the election filing requirements will be notified by the City Clerk of the City Council agendas, staff reports, live broadcasts and meeting recordings available on the City's website. If a candidate does not have internet access, the City Clerk's staff will provide that candidate with a complete copy of the agenda packet prior to each regular meeting in either electronic or paper format. Special Meeting agendas will be made available to official candidates after the agenda is posted. The City Clerk will also provide each official candidate with a copy of the City's current fiscal year budget and most recent audit report in either electronic or paper format. A request for any other City files by a Councilmember or Mayoral candidate will be handled in the same manner as a public records request, with a copy charge as set forth by City Council resolution. Resolution No. 2022-4097 Page4 Policy 1.2: City Council Standing Committees 1. Standing Committees The City Council Standing Committees shall be: Community and Economic Development To consider matters as directed by the City Council generally relating to: 1) community development, economic development, and Successor Agency and Successor Housing Agency for redevelopment; 2) affordable housing; and 3) homelessness. A member shall represent the City on countywide economic development groups including Regional Defense Partnership, Base Retention and Closure (BRAG) and Economic Development Collaborative of Ventura County. Administration, Finance, and Public Safety To consider matters as directed by the City Council generally relating to: 1) law enforcement and public safety (police, fire, and emergency medical / ambulance); 2) emergency management; 3) City finances; and 4) state, federal, and county legislation affecting the City. Transportation and Public Works To consider matters as directed by the City Council generally relating to: 1) traffic, streets, roads, street lights, speed limits, traffic calming, and public transportation; 2) solid waste, refuse, recycling and handling of hazardous materials; 3) water and waste water; 4) City facilities, buildings and parks; and 5) drainage and NPDES. Because Standing Committee assignments periodically change, a member of this Committee may or may not be the City's Ventura County Transportation Commission representative. This committee shall also annually review City's Capital Improvement Programs (GIP) and forward its recommendations to the City Council. Each committee shall consist of two Council members and a designated alternate. The Administration, Finance, and Public Safety Committee shall consist of the Mayor and Mayor Pro Tempore. The alternate shall be the prior Mayor Pro Tempore. The Administration, Finance, and Public Safety 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. 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 reorganization meeting of the City Council. Resolution No. 2022-4097 Page 5 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 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 Community and Economic Development Committee Staff: Community Development Director Administration, Finance, and Public Safety Committee Staff: Assistant City Manager Transportation and Public Works Committee Staff: City Engineer/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 reorganization meeting of the City Council. Meetings scheduled prior to a regular, adjourned, or special City Council meeting should be concluded no more than 10 minutes prior to the start of the scheduled City Council meeting and shall not extend beyond the regular meeting time. Resolution No. 2022-4097 Page 6 7. Agenda and Reports out of Committee The City Clerk's Office or assigned staff person to a Council Committee will prepare an agenda for the Committee meetings. In addition, the City Clerk's Office or staff person will provide action minutes in the form of an annotated agenda 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 be formally 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). The purpose of Standing Committees is to allow consideration of Council directed items by less than a quorum of the Council to assist staff in evaluating the item for a recommendation to the City Council. It is intended to help focus the efforts of staff on a particular item to obtain more efficient, effective and productive use of staff and related resources. This structure is not intended to expand or enhance Councilmembers' authority over City operations, programs or staff. Except as authorized for the Mobilehome Hardship Review Panel, Committees do not make final decisions, and their recommendations are forwarded to the City Council for consideration. 9. Items Referred to Committee At the time the City Council approves annual objectives, it shall decide the staff work for which objectives, if any, will be reviewed by a Standing Committee prior to consideration by the City Council. These items, along with other items assigned by the City Council, make up the work program for the Standing Committee. To avoid potential conflicts between Standing Committees and to appropriately manage staff's workload, any item not previously identified above shall be directed to a Standing Committee by the City Council at a regular or special meeting. A Standing Committee may meet with neighborhood residents or groups concerning a matter assigned to that Committee (such as public safety or traffic concerns expressed by residents in a specific area of the City). 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. In addition, with three (3) affirmative votes, the City Council may move an item being considered by an Ad Hoc or Standing Committee for consideration by the City Council. Resolution No. 2022-4097 Page 7 11. Items Recommended by City Boards, Commissions, and Committees Any matters recommended to the City Council by the Library Board, Arts Commission, Parks and Recreation Commission, Planning Commission, and other commissions, committees, or other advisory panels appointed by the Mayor with the approval of the City Council shall be forwarded directly to the City Council for consideration at a regular or special meeting. Policy 1.3: City Council Comments on Development Projects before the Planning Commission It is the City Council's policy to avoid any attempt to influence the recommendations or decisions of the Planning Commission. Accordingly, Councilmembers shall refrain from making or submitting comments on a project while the matter is 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 Planning 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 consistent with Section 17.44.090 of the Municipal Code, rather than comment on the matter while it is before the Planning Commission. Notwithstanding 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 California Environmental Quality Act (CEQA) comment period for an Environmental Impact Report (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 participating in consideration of the project at the Council level, provided that such written comments must be limited to the environmental issues associated with the project. Policy 1.4: City Council Use of City Website The City Council page of the City's website may include a photograph and a brief biographical summary for the Mayor and each Councilmember, along with City contact information consisting of the City e-mail address and voice mail telephone number. The Mayor and each Councilmember may also provide telephone contact numbers if desired. Any additional information to be placed on the City's website by the Mayor or a Councilmember must be approved by a majority of the Council as to content, with legal review by the City Attorney, and a factual review by the City Manager. Resolution No. 2022-4097 Page 8 Policy 1.5: City Council Use of City Computers and City Email Accounts for all City Business Communications The Mayor and Councilmembers, in connection with the fulfillment of their City obligations, need to access internet resources, including, but not limited to, the City's web page, League of California Cities materials, and other resources, and to reply to constituent matters. In order to facilitate access to computer resources, the Mayor and each Councilmember shall be issued a City e-mail address, and a tablet computer or laptop will be provided upon request for use in conducting City business. All use of City computers and internet and e- mail use on the City's computer network shall be in compliance with the provisions contained within this policy as set forth below. 1. The use of City-supplied computer equipment and software and internet and e-mail use requires the appropriate, efficient, and legal utilization of City computer hardware and network resources. 2. The City's network and computers, including a tablet device or laptop, may be used for lawful City business-related purposes only. Any personal use should be incidental. Users must comply with all applicable contract provisions of the software and equipment as well as federal, state, and local statutes, ordinances, rules and regulations, including, but not limited to, provisions relating to copyright protection. Only City acquired, legally obtained software programs are to be installed and/or used on city computers and all software will be installed and retained only by the City's Information Systems Division staff. Use of City computer equipment to run other than City-acquired and authorized software is prohibited. City-owned software shall not be copied for personal use. 3. The use of City-provided computer equipment and network resources for an individual City Councilmember's participation in, including but not limited to, charitable, social, political or religious purposes, commercial use or profit, election campaigns, or for outside employment is prohibited. This includes outgoing notices/solicitations for donations. 4. All City electronic information systems, hardware, software, temporary or permanent files and any related systems or devices created or stored on the City's computers are the property of the City and may be subject to public disclosure under the Public Records Act, cooperation with law enforcement, or litigation. If disclosure of e-mail messages or any other data files should be required under the Public Records Act, cooperation with law enforcement, or other lawful requests (despite the designation of any message as "private" or "confidential"), the City shall not be liable for this disclosure in any way. These computer systems are provided for official City business. 5. All electronic files and e-mails sent and received through the City's internet network are the property of the City and users can have no expectation of privacy in or ownership of same. Any and all e-mails, files, work product, etc., may be subject to disclosure as public records. The user should not have any expectation of privacy Resolution No. 2022-4097 Page 9 as to any information contained on the Council computers, any use made of such computers, and any use of the City's computer network. 6. Network accounts are to be accessed only by the authorized user of the account and the system administrator. The confidentiality of passwords and user accounts shall be protected for security purposes. 7. Users are prohibited at all times from downloading, viewing, creating, or transmitting any inappropriate material on or through the City's network. Inappropriate material includes, but is not limited to, material that: (a) is unlawful or illegal; (b) is pornographic or obscene; (c) is threatening; (d) is abusive; (e) is libelous or defaming; (f) is offensive; (g) encourages or incites conduct that would constitute a criminal offense; (h) violates the City's harassment and discrimination policies; (i) is categorized as adult/sexually explicit, personal or dating, or weapons; or U) could potentially lead to civil and/or criminal liability or adverse publicity for the City, its officers and/or employees. Users are also prohibited at all times from creating and/or maintaining an internet log (also known as a web log or a blog). The City also reserves the right to remove any inappropriate material from its software/hardware and computer network. 8. Users may not attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the user, logging into a server or account the user is not expressly authorized to access, or probing the security of other networks. Users may not attempt to interfere with service to any user, host, or network. This includes, but is not limited to "flooding" of networks, deliberate attempts to overload a service, and/or attempts to "crash" a host. Users may not use any kind of program/script/command, or send messages of any kind, designed to interfere with another user's session, via any means, locally or by the Internet. 9. It is important to use care when sending e-mail messages from City-owned equipment and from City-supplied e-mail addresses. As noted in Paragraph 4, above, the confidentiality of electronic mail cannot be assured. Any communication that needs to remain fully confidential should not be sent electronically. 10. To ensure that public records are retained for the legal retention period, the City's Information Systems Division shall ensure that all e-mail received and sent by the Mayor and Councilmembers through the City's computer network has a back-up archive copy to preserve the record for the retention period without modification. In order to preserve network resources, all other e-mail messages in the City Council e-mail inbox, sent and discarded folders will be retained in the network system for 90 days and then deleted. 11. The Council computers shall be maintained by the City, and City staff may be called upon to provide service and maintenance on such computers, including ensuring that such computers have wireless internet access on City property. Additionally, City staff may require that such computers be returned to the City periodically for maintenance and upgrades. Resolution No. 2022-4097 Page 10 12. Should the Mayor or a Councilmember elect to utilize a mobile phone, smart phone, computer, or other technology device not owned by the City to conduct City business, including accessing or responding to City related e-mails, the City will not service or maintain such phones, computers, or other technology devices, nor will the City in any way fund the use of such privately-owned technology devices other than a cellular telephone reimbursement as established by Policy 1.8. Use of a non- City-owned computer, or other technology device to conduct City business is strongly discouraged, due to the potential for City records to be saved on that non- City owned technology device. 13. Use of a private email account to conduct City business is prohibited. The City will provide a City email address for each member of the City Council. All electronic files pertaining to City business may be subject to public disclosure under the Public Records Act, cooperation with law enforcement, or litigation. All City business related emails received by a member of the City Council in their private email account must be forwarded to the City email address, and all City business related emails sent by a member of the City Council must be sent using the City's email account. The City's email address shall not be used in the "From" field when a member of the City Council is sending email from a private email account. It is strongly recommended that text messaging not be used to conduct City business, because it is difficult to produce the public record. If a member of the Council sends or receives a text message that is a public record, the suggestion is to copy the text message to a City email address. The transfer of the text record to a City email address may result in deletion of certain information, such as the date, to, from, time, etc., and that information should be added to the email transfer to make it easier to identify the text communication that may need to be obtained from a private cellular service provider to comply with a public records act request. 14. All members of the City Council are required to submit a copy of all privately-owned device-generated electronic communication records that pertain to City business, upon request of the City Clerk, in full compliance with the Public Records Act, and shall submit an affidavit verifying compliance upon request. Former members of the City Council are also required to submit a copy of all privately owned device- generated electronic communication records generated during their term(s) of service on the City Council that pertain to City business, upon request of the City Clerk, in full compliance with the Public Records Act, and shall submit an affidavit verifying compliance upon request. Policy 1.6: City Council Credit Card Use Each member of the City Council shall be issued a City credit card with a credit limit of $5,000.00. Use of the credit card shall be consistent with Policy 5.1 (Meeting, Training, and Conference and Professional Association Membership Expenses), shall be used for City business purposes only, and shall be subject to the credit card administrative policies established by the City Manager for City employees. Resolution No. 2022-4097 Page 11 Policy 1.7: City Council Use of City Pool Vehicles A member of the City Council may use a City pool car vehicle for City business purposes, if a pool car is available at the time of the request, and if the member of the City Council requesting such use has complied with all of the established City vehicle usage procedures approved by the City Manager for City employees, including but not limited to providing proof of a valid California driver license, providing documentation to permit and complete enrollment in the State Department of Motor Vehicles (OMV) pull notice program, and completion of a California Joint Powers Insurance Authority (CJPIA) driver training class every two years. The City's Human Resources/Risk Management Division is responsible for providing the City Council with notice of scheduled California CJPIA driver training in Moorpark. The alternative to City pool car use is mileage reimbursement for private vehicle use, consistent with the requirements of Policy 5.1. Policy 1.8: City Council Cellular Telephone Cellular telephones (cell phones) are a necessary expense for members of the City Council, to ensure the Council is readily accessible to deal with City business. Councilmembers shall have the option to use a city-provided cell phone or receive a monthly stipend. Monthly reimbursement for City Council cell phones shall be the base monthly cell phone contract amount, not to exceed $70.00 dollars per month. In addition to the monthly allowance, the City shall reimburse Councilmembers for the purchase of new cell phones, up to a maximum of $500.00 once during each term of office, but not within six months of end of term, upon submittal of an invoice showing proof of payment for a new cell phone that is either paid in full or through an installment plan that has smart phone capabilities as described in this policy. In order to be eligible for cell phone reimbursement, each member of the City Council shall obtain a cell phone service with no less than nationwide access, unlimited mobile to mobile and unlimited night/weekend minutes, voice mail, email, texting, and internet access capabilities, and a local 805 or 820 area code. Cell phone purchases made through an installment plan must show a total cost of $500.00 during the period of each term of office to qualify for full reimbursement. To receive reimbursement for the monthly base service, each Councilmember shall complete a reimbursement form provided by the Finance Director and attach the portion of their monthly cell phone bill which identifies the base monthly charge. Information on calls made and received should not be included with the reimbursement form. The reimbursement request must be submitted to the Finance Director no later than 30 days following the date of the cell phone service invoice to obtain reimbursement. City Councilmembers would be eligible for additional cell phone use reimbursement for costs exceeding the $70.00 dollars per month due to increased cell phone usage during a City declared emergency, and for the additional cost required to respond to the business of the City while traveling out of the country. To receive additional cell phone use reimbursement, for either of the two qualifying reasons, a reimbursement form along with supporting documentation must be submitted to the Finance Director for approval by the Administration, Finance, and Public Safety Committee. City Councilmembers who choose to use a City-issued cell phone shall waive the reimbursement benefit and will be allowed to receive new cell phones issued by the City every two years. City business related cell phone and all other electronic communication Resolution No. 2022-4097 Page 12 records may be public records, and all members of the City Council are required to submit a copy of all private cell phone and other privately owned device generated electronic communication records that pertain to City business upon request of the City Clerk, in full compliance with the Public Records Act. Policy 1.9: City Council Completion of City Manager Evaluation The City Council will conduct an annual performance evaluation for the City Manager within 60 days from his/her anniversary date. The form of the evaluation shall be as approved by the majority of the City Council, and following completion, the Mayor shall sign the evaluation and a memorandum that provides direction to the City's Personnel Officer regarding any related personnel action. Policy 1.10: City Council Identification Badges and Picture Identification Card Each elected member of the City Council will be provided with a metal identification badge to be worn when attending meetings, and will also be provided a metal wallet identification badge and a picture identification card, which are intended to serve as proof of identity and may also be used to permit access for a City sponsored event. A metal wallet identification badge will not be provided to an interim appointee to the City Council. The use and display of the City Council wallet metal identification badge and picture identification cards, as well as, the likeness of these items, are the property of the City and their use shall be restricted as follows: 1. The City Council wallet identification badge and picture identification card shall be clearly marked to reflect the position of the member of the City Council (either Mayor or Councilmember) and the card shall include an expiration date for the elected term of office. 2. The authorized wallet identification badge and picture identification card issued to each member of the City Council by the City shall be displayed only while acting in an official capacity. 3. A member of the City Council shall not display the wallet identification badge or represent himself/herself at any time in such a manner which would cause a reasonable person to believe that he/she is a sworn peace officer. 4. No City Council wallet identification badge or picture identification card shall be issued to or used by anyone other than a currently seated member of the City Council. 5. A member of the City Council shall not loan his/her wallet identification badge or picture identification card to others and shall not permit the identification badge or card to be reproduced or duplicated. 6. The City Council wallet identification badge and picture identification card, including any image of the wallet identification badge or picture identification card, shall not Resolution No. 2022-4097 Page 13 be used for personal, private, or political reasons, including but not limited to letters, memoranda, electronic communications such as electronic messaging or websites and webpages, or political advertisements. 7. Following a City Municipal Election for Mayor and Councilmember seats, the metal identification badges and picture identification card for any incumbent not re-elected to a new term shall be returned to the City Clerk on or before the last day of the term of office. The same requirement for return of the issued identification badges and card to the City Clerk shall apply following any Mayor or Councilmember resignation prior to their end of term. The City Manager's Office will arrange for a commemorative gift to the outgoing member consisting of the returned metal wallet badge in a sealed acrylic case. The returned picture identification card shall be destroyed in accordance with the City Manager's written procedure for employee picture identification cards. Policy 1.11: City Council Restrictions on the Use of Mass Mailings An individual member of the City Council may not require a City-funded mass mailing (such as a survey) by paper, email, internet or other technological device without a majority vote of the City Council or as prescribed by law. Policy 1.12: City Councilmember and Office of Mayor Candidates Campaign Advertising Prohibited in Any City Sponsored Publication City Councilmember and office of the Mayor candidates shall not be permitted to place campaign advertising in City sponsored publications. Policy 1.13: City Council Meeting, Training, and Conference, Expense Reimbursement Legislative Body Authorized Expense Procedures It is the policy of the City of Moorpark to reimburse members of the City Council, Arts Commission, Planning Commission, Parks and Recreation Commission, Library Board, and any other member of a legislative body (as defined by Government Code Section 54952) that receives reimbursement of expenses, for actual and necessary expenses incurred in the performance of their official duties. The travel and expense reimbursement of the legislative body as defined in Government Code Section 54952 (including but not limited to members of the City Council, Arts Commission, Planning Commission, Parks and Recreation Commission, and Library Board) shall be governed by the same rules contained in this policy for City employees, and the additional requirements listed below. A. The Travel Authorization and Reconciliation Report form for a member of a legislative body shall be subject to initial review by the Finance Department for compliance with City policies, and then submitted by the Finance Director for review and approval of the City Council Administration, Finance, and Resolution No. 2022-4097 Page 14 Public Safety Committee. If a member of the Administration, Finance, and Public Safety Committee submits a Travel Authorization and Reconciliation Report form, it shall be subject to initial review by the Finance Director or his/her designee for compliance with City policies, and then submitted for the approval of the two most senior, by tenure, members of the City Council who are not members of that Committee. B. The following types of expenses generally constitute authorized legislative body expenses: 1) Use of personal vehicle for business travel outside the City limits (reimbursed at the per mile reimbursement rate for City employees and volunteers and consistent with Policy 5.1, Section 5); 2) Communicating with representatives of regional, state and national government on City adopted policy positions; 3) Attending educational seminars designed to improve public officials' skill and information levels; 4) Participating in regional, state and national organizations whose activities affect the City's interests; 5) Lodging, Meals, and Travel -Traveler may receive a per-diem allowance. Any expense for which reimbursement is requested (which is not subject to the per diem requirements of this policy) shall include a statement of the reason/purpose and who else was in attendance, even if reimbursement is not requested for others in attendance. The cost of a meal shall not exceed the applicable Internal Revenue Service (IRS) per diem reimbursement rate for the Los Angeles area regardless of the location; 6) Professional association membership and meeting attendance when included in the adopted City Council budget. C. Items that are of a personal nature are not reimbursable. D. Legislative body members (City Council, Planning Commission, Parks and Recreation Commission, Arts Commission, and Library Board) shall briefly report on meetings attended at City expense at the next regular meeting for that legislative body member under the agenda item "Announcements, Future Agenda Items, and Reports on Meetings/Conferences Attended". If multiple members of the same legislative body attended the same meeting, a joint report may be made. E. If a reimbursement rate for travel, meals, lodging and other actual and necessary expenses is not specifically identified in this policy, then the Resolution No. 2022-4097 Page 15 Internal Revenue Service rates for reimbursement as established in publication 463 or any successor publication shall be used for those items. F. All expenses not covered by this policy shall be approved by the City Council in a public meeting before the expense is incurred. G. Pursuant to Section 53232.4 of the Government Code, penalties for misuse of public resources or falsifying expense reports in violation of expense reporting polices may include, but are not limited to the following: (a) The loss of reimbursement privileges. (b) Restitution to the local agency; (c) Civil penalties for misuse of public resources pursuant to Government Code Section 8314; and (d) Prosecution for misuse of public resources pursuant to Section 424 of the Penal Code. SECTION 2. POLICIES ADMINISTERED BY THE CITY MANAGER'S OFFICE AND CITY CLERK Policy 2.1: City Clerk Records Destruction Approval Authority In accordance with Government Code Section 34090.5, and Municipal Code Section 2.16.030.4, the City Council authorizes the City Clerk to approve the destruction of records, documents, instruments, books, and papers, without the approval of the legislative body or the written consent of the City Attorney, subject to compliance with the conditions specified in Government Code Section 34090.5. Policy 2.2: Advertising and Appointment Procedures for Appointments to Boards, Commissions, and Committees 1. At the end of each calendar year, an Appointments List will be prepared and advertised broadly 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. 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. The City Clerk will also post such notice broadly on public information platforms and City facilities. 3. Interested persons will be asked to submit a City Board, Commission, and Committee Application to the City Clerk. The application form shall include language that asks applicants to identify all open recruitment citizen appointments for which they would like to be considered to facilitate use of one application form for more than one open recruitment occurring at the time of application. Recruitment shall be conducted by an online application using the City's website and submitted Resolution No. 2022-4097 Page 16 electronically or in person to City Hall. 4. When an unscheduled vacancy occurs for any City Council citizen appointment, and six (6) months or less will remain in the citizen appointment term following a thirty (30)-day recruitment, the City Clerk will request the City Council give direction on whether to recruit or leave the appointment position vacant. When more than six (6) months will remain in the appointment term following a 30-day recruitment, recruitment will be initiated and notice of the vacancy will be posted not later than twenty (20) days after the vacancy occurs on public information platforms and City facilities. (in compliance with the Maddy Act requirements). 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 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, in the City of Moorpark, with the following exceptions: A. There is no registered voter requirement for Teen Council. B. An applicant for the Moorpark Arts Commission must reside within the City, the City's Area of Interest, the Moorpark Unified School District boundaries, or own a business within the City of Moorpark. 7. Applicants for the Arts Commission, Parks and Recreation Commission, Planning Commission, and Library Board are required to attend a regular or special City Council meeting, as scheduled by the City Clerk, to make a brief presentation on qualifications and interest in the appointment (not to exceed three minutes). A presentation will not be required if after recruitment a determination is made by the City Clerk that only the incumbents for the expiring appointments have reapplied. In this case, the City Clerk shall proceed with scheduling an agenda item for City Council appointment. The City Council may direct the City Clerk to conduct further recruitment prior to appointment. When presentations for Commission and Library Board applicants are scheduled, failure of any applicants to make a presentation shall result in disqualification for appointment. Use of PowerPoint will be permitted if the City Clerk has been provided with the PowerPoint file no less than 24 hours prior to the presentation. The City Clerk shall schedule the presentations for the applicants for the Commissions at one or both of the December regular meetings, at the first regular meeting in January, or at a special meeting, as directed by the Mayor. The City Council may by majority vote further extend the date for the presentations. The City Clerk shall schedule the presentations for the applicants for Library Board at a Resolution No. 2022-4097 Page 17 regular or special meeting of the City Council, prior to the new term of office beginning in July (as established by State law). 8. As per Government Code Section 40605, the Mayor shall make all appointments to boards, commissions and committees. 9. The procedure for appointments for all except Teen Council 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. 10. The procedure for appointments to the Teen Council shall be as follows: A. The Mayor shall solicit suggested nominees from members of the Council. B. Prior to making a motion for appointments, the Mayor shall announce the names of all persons he/she intends to nominate, for the Teen Council. C. The Mayor shall then make a motion putting forth all the names to be approved for appointment to the Teen Council D. A second shall be required. E. The Council shall vote on the one motion to appointment the Teen Council. Policy 2.3: Reports from Appointees and Mileage Reimbursement for Attendance Reports Required 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 Santa Monica Mountains Conservancy Resolution No. 2022-4097 Page 18 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. An e-mail report is acceptable. 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 that 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. Mileage Reimbursement for City Appointees to Boards, Commissions, and Committees A. City Council public appointees to boards, commissions, and committees, who do not receive an honorarium and travel outside of the Moorpark City limits to attend regular and special meetings of that board, commission, or committee, shall be eligible to receive mileage reimbursement for that travel. 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 Finance Director annually. B. To encourage the use of public transportation, in lieu of a mileage reimbursement, an appointee may instead submit for reimbursement for public transit expenses (Metrolink, fixed-transit services, or paratransit services), if public transportation is utilized instead of a personal vehicle. C. The appointee shall complete the City's Travel Authorization and Reconciliation Report form, 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 or public transportation claim. Recognizing that not all public transit agencies have a receipt system in place at the time of travel, a fare structure brochure or print-out from the respective transit agency's website will be sufficient supporting documentation for the public transportation claim. The Finance Department will submit an appointee's completed Travel Authorization and Reconciliation Report form to the City Council Administration, Finance, and Public Safety Committee for review and approval. Resolution No. 2022-4097 Page 19 Policy 2.4: Ethics Training All City Councilmembers, Planning Commissioners, Parks and Recreation Commissioners, Arts Commissioners, Library Board Members, and any other member of the legislative body (as defined by Government Code Section 54952) that receives any type of compensation, salary, or stipend or reimbursement of expenses, hereinafter referred to as "local agency officials", shall attend ethics training within twelve (12) months of assuming office and receive no less than two (2) hours of said training within two (2) years of assuming office and every two (2) years thereafter, as required by Government Code Section 53235 et seq. The City Manager shall determine which management staff positions, or other City employees and/or contract staff, that are required to attend AB 1234 ethics training. The City Clerk shall provide the City Council, Planning Commission, Parks and Recreation Commission, Arts Commission, and Library Board with information on training available to meet the requirements of this policy and applicable state law. Within the first three months of each odd numbered year, the City Clerk shall schedule group ethics training and will invite the members of the City Council, all Commissioners, all Board Members, all City Management staff as determined by the City Manager, and all other City Manager designated employees and contract staff to attend. Any member of the City Council, Commissioner, Board Member, management employee, designated employee, or designated contract staff unable to attend the scheduled group ethics training shall be required to complete other ethics training that complies with requirements of Government Code Section 53235 et seq. The City Clerk shall maintain a record of completion on the required ethics training, for each person, consistent with applicable state law. With the exception of an appointed member of the City Council, other appointed local agency officials who fail to complete the ethics training as required by law and this policy shall be disqualified for their appointed position, and the City Clerk shall schedule an agenda item for City Council consideration of revoking the appointment and authorizing recruitment to fill the vacancy, if an appointed official is more than 30 days late on completing the required training and providing proof of participation and completion. Policy 2.5: Conflict of Interest Opinions and Appraisals 1. Conflicts of Interests Arising from a Public Official's Ownership in Real Property. City Councilmembers, Planning Commissioners and other public officials required to file Statements of Economic Interests with the City Clerk ("Public Officials") shall be provided with, and become familiar with, recent changes to the materiality standards for evaluating whether they have a conflict of interest in City decisions arising from their ownership of real property in the City. Those materiality standards, as applied to conflict of interest analysis under the Political Reform Act (Government Code Section 81000 et seq.,) are found in Section 18702.2 of the Regulations of the Fair Political Practices Commission ("FPPC") (2 Cal. Code of Regs. § 18702.2 and referred to herein as "Materiality Standards"). 2. Summary of Materiality Standards. The Materiality Standards provide that a governmental decision will be deemed to have a reasonable foreseeable and material effect on a Public Official's real property wherever the governmental decision falls into one or more of 13 categories. Examples and summaries of some Resolution No. 2022-4097 Page 20 of those categories are when the decision: (1) involves the adoption or amendment of a general or specific plan and the Public Official's property is located within the boundaries of the plan; (2) changes the zoning of the Public Official's property; (3) involves construction of, or improvements to, streets, water, storm drainage or similar facilities, and the Public Official's parcel will receive new or improved services; (4) would substantially alter traffic levels or intensity of use, including parking, or property surrounding the Public Official's real property, affect the view, privacy, noise levels or air quality that would affect the market value of the Public Official's real property; (5) would affect the value of real property within 500 feet of the property line of the Public Official's property; or (6) would cause a reasonably prudent person, using due care and consideration, to believe that the decision would affect the market value of the Public Official's real property. This list of examples is not exhaustive and this summary is not a substitute for review and adherence to the Materiality Standards. 3. Recusal from Decision unless it is Clear that Decision will not Materially Affect Public Official's Real Property. Public Officials should recuse themselves from making, participating in the making, or in any way attempting to use their official position to influence City decisions that have the potential for impacting their real property in a manner stated in the Materiality Standards. Unless it is clear to the Public Official, that the decision will not have any potential to impact his or her real property in a manner specified in the Material Standards, the Public Official should recuse themselves from the City decision. If the Public Official seeks to participate in a City decision even though it is not certain that none of the 13 categories of the Material Standards apply to the decision, the Public Official shall first seek written advice from the FPPC not less than 30 days prior to the City decision, rather than advice from the City Attorney. The Public Official may thereafter participate in the decision only if the FPPC's written advice is obtained prior to the time of the decision and that advice concludes that the Public Official's participation is permitted under the conflict of interest laws. 4. Conflict of Interest Appraisal. If the FPPC's analysis of any conflict of interest question, as described in subsection 3 of this Policy, requires the submission of an appraisal of the financial impact of the decision on the public official's real property or on property in the same vicinity, the Public Official shall bear the cost of obtaining that appraisal. 5. Nothing contained in this Policy shall limit or otherwise restrict the City Council or City Manager from seeking and obtaining conflict of interest advice from the City Attorney with respect to any City decision when such advice is necessary to protect the City's interests or in other situations when determined and directed by the City Council or City Manager. Resolution No. 2022-4097 Page 21 Policy 2.6: Policy against Harassment, Discrimination, and Retaliation The City of Moorpark is committed to providing a work environment which is free of harassment or discrimination of all types and forms and free from retaliation, and its policy strictly prohibits harassment, discrimination, and retaliation. Behavior or actions which result in or establish an environment of such harassment, discrimination, or retaliation are strictly prohibited. The policy applies to all employees, unpaid interns, and volunteers of the City. This City's harassment, discrimination, and retaliation training requirements are also intended to apply to local agency officials as required by Government Code Section 53237 et seq. The City Council finds it is appropriate to have a clear and detailed policy addressing harassment, discrimination, and retaliation, including mandatory training and prevention practices and procedures. The implementation and updating of the City's policy against harassment, discrimination, and retaliation are delegated to the City Manager in his/her capacity as Personnel Director or to his/her designee. Policy 2.7: Drug-Free Workplace The City of Moorpark is committed to providing a healthy and safe work environment, in part through the prevention of substance abuse in the workplace and it is the responsibility of the City employees to cooperate in efforts to protect the life, personal safety, and property of co-workers and fellow citizens. The City has a policy to prevent substance abuse in the workplace which mandates that employees cannot be under the influence of drugs and alcohol, including marijuana and prescription medications, in the workplace, and employees must take all reasonable steps to abide by and cooperate in the implementation and enforcement of the Drug-Free Workplace Policy. Alcohol and/or drug abuse will not be tolerated on or off the job for any employee, and disciplinary action, up to and including termination, will be used as necessary to achieve the goal of eliminating substance abuse in the workplace. The Drug-Free Workplace Policy is a Moorpark Administrative Procedure (MAP) maintained by the Human Resources Division, and which may be updated from time to time by the City Manager in his/her role as Personnel Director, or by his/or her designee. Policy 2.8: Procedure for Filing a Complaint against a City Employee or Contract Staff All charges or complaints against an employee or contract staff, including the City Attorney, shall be submitted to the City Manager in writing for appropriate action. The City Manager will notify the City Council of a complaint against the City Attorney. A complaint against the City Manager shall be submitted to the City Attorney, who shall notify the City Council. The City Manager or City Attorney may waive the requirement for the complaint to be in writing if he/she determines an accommodation is needed; an example would be a disability accommodation. The City Manager shall determine whether the complaint shall be referred to the Human Resources Division for investigation or resolved by the Department Head to whom the employee or contract staff reports. City staff supervisors shall be instructed to refer any person with a verbal complaint about an employee and/or contract staff received during regular office hours to the Human Resources Division. Human Resources staff will then meet privately with the person Resolution No. 2022-4097 Page 22 requesting to file a complaint to either resolve the complaint or provide instruction on the City's written complaint procedure. Consistent with the City Council Rules of Procedure for City Council meetings, a speaker that verbally complains about an employee of the City, or any employee of a private firm or public agency providing a contract service to the City, during a Council meeting will be directed to contact the City's Human Resources Division for assistance in documenting and resolving their complaint. Policy 2.9: City Website Content and External Links The City of Moorpark Government website exists to provide accurate, non-editorial content that will inform Moorpark citizens about services, operations, projects, special events, as well as City officials and personnel. The management and oversight of the City's website and policies associated with the management and permitted content, and the update of such policies as needed from time to time, are delegated to the Public Information Officer and are part of the Moorpark Administrative Procedures. Policy 2.10: Gift and Honoraria Regulations for City Employees To avoid the potential for employee conflicts of interest, it is the policy of the City Council that, in addition to the City Council's adopted Conflict of Interest resolution, City employees be subject to Gift and Honoraria limitations contained in Regulations of the Fair Political Practices Commission (FPPC) in Title 2, Division 6 of the California Code of Regulations (Section 18110 et seq., as the same may from time to time be amended). The intent of the policy is that no employee shall accept any gifts on the basis of their employment with the City, unless the gift is given to the City for overall employee recognition; and no employee shall accept tickets or passes to events unless such ticket or pass is given to the City and not the individual employee and the provisions of the City's Ticket Distribution Policy (Policy 3.3). The Gift and Honoraria Regulation Policy is a Moorpark Administrative Procedure (MAP) maintained by the Human Resources Division, and which may be updated from time to time by the City Manager in his/her role as Personnel Director, or by his/or her designee. Policy 2.11: Employment of Family Members It is the policy of the City Council that employment and placement of relatives, spouses, and domestic partners (including those of City Councilmembers and Council appointees) be regulated so as to avoid conflicts of interest; promote safety, security, supervision, and morale; and protect privacy rights. The City Council delegates to the City Manager, in his/her capacity as Personnel Director, or his/her designee, the establishment of Administrative Procedures governing the employment of relatives, et. al in support of the City Council's stated policy. Resolution No. 2022-4097 Page 23 Policy 2.12: Social Media Use by Members of City Council and City Commissions/Boards 1. This Policy is intended to help members of the City Council and members of City Commissions and Boards address issues related to their use of social media in connection with their activities as public officials of the City while complying with legal requirements and limitations that arise from their membership on the City Council or on a City Commission or Board. 2. The following terms have the following meanings in this Policy: "City Commission" or "Commission" means the City of Moorpark Library Board, Planning Commission, Arts Commission, Parks and Recreation Commission. "City Commission" or "Commission" also means any other commission or board that may be created by ordinance or formal resolution of the City Council of the City of Moorpark from time to time. "Member" means the Mayor, any member of the City Council, and any member of any City Commission. "Posts" or "postings" means information, articles, pictures, videos or any other form of communication posted on a social media site. "Social media" means all forms of user-created content tools such as social networks, biogs, video sharing, pod casts, wikis, message boards, sites, platforms, and on line forums-collectively known as "Web 2.0" or interactive use of the Internet, whether owned or operated by the City, by other public entities, or by private entities. Technologies include but are not limited to: picture and video sharing, wall postings (an area on a social network page where friends and "fans" can post their thoughts, views, or criticisms), email, instant messaging, etc. Familiar platforms include Facebook, Twitter, lnstagram, Linkedln, Pinterest, NextDoor, Snapchat, Google+, Reddit, Tumblr, Kik, Yik Yak, Flickr, YouTube, Blogger, Yelp and others, and includes all social media as it currently exists or may exist in the future. 3. By adopting this Policy, it is not the City's intention to unnecessarily restrict the ability of a Member to have a personal on line presence or mandate what they shall or shall not say. At the same time, this Policy is intended to help guide Members to comply with legal restrictions imposed by California laws that regulate the communications of Members of the City Council and City Commissions. 4. A quorum of Members of the City Council or a City Commission shall not discuss or respond to posts on social media sites relating to a topic within the subject matter jurisdiction of the City Council or Commission. To comply with this requirement, Members shall follow these guidelines: A. Except as provided in paragraph B below, not more than two Members of the same body (City Council or Commission) shall post or respond to a post on the same subject within the jurisdiction of that body. If a Member notices that Resolution No. 2022-4097 Page 24 two other Members of the same body have already posted information about a matter of City business before that body, or posted a response to prior postings on that topic, the Member shall not provide his or her own post on that same topic or respond with "like" or similar responses that convey a viewpoint about another post or posts on that same site and on the same topic. B. Notwithstanding the limitations of Paragraph A, any Member may respond to any post from a person who is not a Member of the same body by merely acknowledging that he or has read it, or by providing basic factual information or a referral to documents if that information has already been provided to the Member at a prior meeting of the body or if the information is publicly available on the City's website or in City Hall. In addition, any Member may respond to a post by providing a referral to the responsible City staff person or persons who may provide information on the subject or by forwarding or otherwise transmitting the post or the contents thereof to City staff for purposes of suggesting a City response to the post. If a Member is asked why only two Members have responded to posts and other Members have not, any Member may post a response that explains that this Policy precludes additional Members from posting on the same topic. C. When posting a response on social media, Members should be mindful that other Members may read his or her post. For this same reason, posts on the same topic should not be forwarded by individual Members to more than one other Council or Commission Member. D. When matters are pending before the City Council or before a Commission, Members of that body shall refrain from sharing viewpoints or facts on social media that have not already been shared at a meeting of that body, and particularly prior to a decision to be made by the City Council or Commission. 5. If a Member uses a personal social media account, or a social media account owned by a third party such as his or her employer, the Member may be asked by City staff to provide copies of the Member's social media posts that relate to matters of City business. The Member shall only be required to provide copies of the Member's social media posts to City staff when those posts are sought by a member of the public in a request for public records and only when those posts are within, or potentially within, the scope of the request for public records. When requested by City staff, the Member is required to forward those requested posts to City staff within the time periods specified by City staff. Any questions about the City's policy and practices for responding to public records requests should be directed to the City Clerk, City Manager or City Attorney. 6. All posts by Members that relate to matters of City business shall, to the extent the Member has the ability to control the retention of their posts, be retained for two (2) years unless otherwise provided in the City's Records Retention Policy. Copies of the Records Retention Policy may be obtained from the City Clerk. Resolution No. 2022-4097 Page 25 7. Members should avoid sharing facts, opinions, or viewpoints on quasi-judicial matters that are presented to the body on which the Member serves (City Council or Commission) through social media posts or responses to posts before, during or after the public hearing on the matter. A "quasi-judicial" matter is, for example, an application or request for a variance, CUP, or other type of decision in which the City Council or Commission must base its decision on whether the application or pending matter satisfies specific criteria or meets required findings for approval. 8. City-established and managed social media sites shall not be used by Members for campaigning for office, to advocate for or against ballot measures, or for personal purposes. 9. Members shall not use City-sponsored or managed social media sites to conduct activities related to their own businesses. 10. When engaged in personal social media use, Members should adhere to the guidelines and requirements of Policy 2.19, Personal Social Media Use by City of Moorpark ("City") Employees and Employees of City Contractors. SECTION 3. POLICIES ADMINISTERED BY CITY MANAGER'S OFFICE Policy 3.1: 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 $10,000.00 It is the City Council's policy that the City Manager shall have the authority to approve the filing of a small claims court action, with the City as the plaintiff, when money is owed the City. The City Manager shall also have the authority to settle and/or compromise any claim of the City against another party, when the value of the City's claim does not exceed $10,000.00. Policy 3.2: Authorization for City Manager to Approve Reduction and/or Exoneration of a Surety with a Value Not to Exceed $10,000.00 It is the Council's policy that the City Manager shall have the authority to approve in writing the reduction and/or exoneration of a surety with a value not exceeding $10,000, when all work guaranteed by the surety has been completed to the satisfaction of the responsible Department Director. The responsible City Department will initiate research on surety reduction and/or exoneration upon receipt of a written request for such action. The applicable City Department will then request a copy of the surety records on file with the City Clerk's Division and verify completion of work guaranteed by the surety. The City Manager will consider reduction and/or exoneration of a surety after receipt of a written recommendation from the responsible Department Director, with a copy to the City Clerk. Upon receipt of the City Manager's written approval to reduce and/or exonerate a surety, the City Clerk will take the actions necessary to implement the reduction or exoneration, including but not limited to providing written notification to a bonding company or requesting the Finance Director to re-fund a cash surety. Resolution No. 2022-4097 Page 26 Policy 3.3: Distribution, Use, and Reporting of Tickets or Passes Given to City 1. Purpose. The purpose of this policy is to establish a City of Moorpark procedure for the City's distribution, use, and reporting of tickets or passes for admission to a facility, event, show, or performance for an entertainment, amusement, recreational or similar purpose in compliance with Section 18944.1 of the Regulations of the Fair Political Practices Commission ("FPPC") in Title 2, Division 6, California Code of Regulations. Section 18944.1 sets forth the circumstances under which a public agency's distribution of tickets or passes, for which no consideration of equal or greater value is provided by the public official or employee, does not result in a gift to the public official or employee. Tickets or passes for admission to a facility, event, show, or performance for an entertainment, amusement, recreational or similar purpose, distributed and accounted for in compliance with this policy and FPPC Regulation 18944.1, will not be considered as gifts to the City officials and employees who make use of such tickets or passes. 2. Definitions. Unless otherwise expressly provided herein, words and terms used in this policy shall have the same meaning as that ascribed to such words and terms in the California Political Reform Act of 1974 (Government Code section 81000, et seq., as the same may from time to time be amended) and the Regulations of the FPPC in Title 2, Division 6 of the California Code of Regulations (Sections 18110 et seq., as the same may from time to time be amended). A. "City" or "City of Moorpark" shall mean and include the City of Moorpark and any other affiliated agency created or activated by the Moorpark City Council, and any departments, boards, and commissions thereof. B. "City Official" means every member, officer, employee or consultant of the City of Moorpark, as defined in Government Code Section 82048 and FPPC Regulation 18701. Such term shall include, without limitation, any City Council member, City commission member, or other appointed official, employee, or consultant required to file an annual Statement of Economic Interests (FPPC Form 700) with the City. C. "City Venue" means and includes any facility owned, controlled, or operated by the City of Moorpark. D. "Event" means admission to a facility, event, show, or performance for an entertainment, amusement, recreational or similar purpose. E. "Immediate family" means the spouse and dependent children. F. "Ticket" shall mean any ticket or pass which provides any form of admission privilege to an Event. Resolution No. 2022-4097 Page 27 3. Application of Policy. A. This policy applies to Tickets provided to a City Official by the City, which provide admission to an Event, which Tickets are: 1) Gratuitously provided to the City by an outside source; 2) Acquired by the City to purchase at fair market value; 3) Acquired by the City as consideration pursuant to the terms of a contract for the use of a City Venue; 4) Acquired by the City because the City controls the Event; or 5) Acquired and distributed by the City in any other manner. B. This policy does not apply to any Ticket provided to a City Official by a source other than the City for admission to an event at which the City Official performs a ceremonial role or function on behalf of the agency; or which Ticket is earmarked by the original source for use by the City Official who uses the Ticket. C. This policy does not apply to any other item of value or benefits provided to the City or any City Official, regardless of whether received gratuitously or for which consideration is provided. (For example food, beverages, or other items provided to a City Official at an Event are subject to the disclosure and reporting requirements applicable to gifts.) D. This policy shall supersede any other inconsistent City written policy applicable to distribution, use, and/or reporting of Tickets. 4. General Provisions. A. Purpose: The purpose of this policy is to ensure that all Tickets provided to the City shall be distributed in furtherance of public purposes. B. No Right to Tickets: The use of complimentary Tickets is a privilege extended by the City and not the right of any person to which the privilege may from time to time be extended. C. Limitation on Transfer of Tickets: Tickets distributed to a City Official pursuant to this policy shall not be transferred to any other person, except to members of such City Official's immediate family solely for their personal use. D. Prohibition against Sale or Receiving Reimbursement for Tickets: No person who receives a Ticket pursuant to this policy shall sell or receive reimbursement for the value of such Ticket, and shall not give such Ticket to anyone other than a member of such City Official's immediate family for their personal use. Resolution No. 2022-4097 Page 28 5. Ticket Administrator. A. The City Manager or his/her designee(s) shall be the Ticket Administrator for purposes of implementing the provisions of this policy. B. The Ticket Administrator shall have the authority, in his or her sole discretion, to establish procedures for the distribution of Tickets in accordance with this policy. All requests for Tickets that fall within the scope of this policy shall be made in accordance with the procedures established by the Ticket Administrator. C. The Ticket Administrator shall determine the face value of Tickets distributed by the City for purposes of Sections 6.A, 6.B, and 8.A. (subparagraph 4), of this policy. D. The Ticket Administrator, in his or her sole discretion, may revoke or suspend the Ticket privileges of any person who violates any provision of this policy or the procedures established by the Ticket Administrator for the distribution of Tickets in accordance with this policy. 6. Conditions under which Tickets May be Distributed. Subject to the provisions this policy, complimentary Tickets may be distributed to City Officials under any of the following conditions: A. The City Official reimburses the City for the face value of the Ticket(s). 1) Reimbursement shall be made at the time the Ticket(s) is/are distributed to the City Official. 2) The Ticket Administrator shall, in his or her sole discretion, determine which Event Tickets, if any shall be available under this section. B. The City Official treats the Ticket(s) as income consistent with applicable federal and state income tax laws. C. The City distributes such Ticket(s) to or at the behest of, an official in order to accomplish a public purpose. The following is a list of public purposes the City may accomplish through the distribution of Tickets: 1) Performance of a ceremonial role or function representing the City at the Event, for which the City Official may receive enough Tickets for the City Official and one member of his or her immediate family. 2) The job duties of the City Official require his or her attendance at the Event, for which the City Official may receive enough Tickets for the City Official and one member of his or her immediate family. 3) Economic or business development purposes on behalf of the City. 4) Intergovernmental relations purposes, including but not limited to attendance at an Event with elected or appointed public officials from other jurisdictions, and/or their staff members. 5) Attracting or rewarding volunteer public service. 6) Supporting and/or showing appreciation for programs or services rendered by non-profit organizations benefiting Moorpark residents. Resolution No. 2022-4097 Page 29 7) Encouraging or rewarding significant academic, athletic, or public service achievements by Moorpark students, residents, or businesses. 8) In support of the City's employee recognition program for the purpose of attracting and retaining highly qualified employees in City service, as special recognition or reward for meritorious service by a City employee, and/or in connection with a City employee competition or drawing, for which such employee may receive no more than four (4) Tickets per Event. 7. Tickets Distributed at the Behest of a City Official. A. Only the following City Officials shall have authority to behest Tickets: City Council Members, the City Manager, and Department Directors. B. Tickets shall be distributed at the behest of the City Official only for one or more public purposes set forth in Section 6.C, above. 8. Disclosure Requirements. A. Tickets distributed by the City to any City Official either for which the City Official treats as income pursuant to Section 6.8, above, or for one or more public purposes described in Section 6.C, above, shall be recorded on a form provided by the FPPC, maintained as a public record, and forwarded to the FPPC for posting on its website within thirty (30) days after distribution. Such posting shall include the following information: 1) The name of the recipient, except that if the recipient is an organization, the City may post the name, address, description of the organization and number of Tickets provided to the organization in lieu of posting the names of each recipient; 2) A description of the Event; 3) The date of the Event; 4) The face value of the Ticket; 5) The number of Tickets provided to each person; 6) If the Ticket was distributed at the behest of a City Official and the name of the City Official who made the behest; and 7) A description of the public purpose(s) under which the distribution was made, or alternatively, that the City Official is treating the ticket as income. B. Tickets distributed by the City for which the City receives reimbursement from the City Official as provided under Section 6.A, above, shall not be subject to the income reporting provisions of Section 6.8. and the FPPC website disclosure provisions of Section 8.A. C. Following adoption, this policy shall be posted on the City's website in a prominent fashion. Resolution No. 2022-4097 Page 30 Policy 3.4: Right-of-Way Acquisition Process 1. For capital projects approved by the City Council, the City Manager shall have authority to: A. Execute documents and otherwise administer the right-of-way acquisition process required to complete the acquisition of street rights-of-way, including all related easements; and B. Authorize payment of amounts for acquisition, consistent with the values set forth in a City Manager approved Appraisal Report and City Council approved budget appropriations. 2. Should it become necessary to initiate eminent domain proceedings for any such right-of-way acquisition, the matter shall be brought to the City Council for authorization to initiate such proceedings. Policy 3.5: Authorization for City Manager to Approve Employment Agreements and Retirement Incentive or Separation Settlement Agreements The City Manager shall have the authority to require and approve an employment agreement for a new management employee and prior to promotion or reclassification of a current management employee, consistent with the authority granted in Chapter 2.12, City Manager, and Chapter 2.56, Personnel System, of the Moorpark Municipal Code, and consistent with the provisions of State law, including but not limited to California Government Code Section 3511.2 and Section 53243 et seq. and any section amendatory or supplementary thereto. For a promotion of an employee with an existing employment agreement, the City Manager shall have the authority to approve retaining prior employment agreement language for continuing grandfathered benefits that do not conflict with the City's Management Benefits Resolution and State law. The City Manager shall have the authority to approve a retirement incentive agreement or a separation settlement agreement for an employee that may include a mutual general release for a total value not to exceed $10,000. A retirement incentive or separation settlement agreement for a higher amount shall require City Council approval. This policy does not apply to a claim settlement, which is addressed in Policy 3.1. Policy 3.6: Affordable Care Act (ACA) and Safe Harbors The City of Moorpark is required to comply with the requirements of the Patient Protection and Affordable Care Act ("ACA") enacted on March 23, 2010. The City has shared responsibility as an employer under the ACA and is required to report on health insurance coverage per the guidelines of the ACA and the Internal Revenue Code. The City of Moorpark is considered a large employer under the ACA and Section 4980H of the ACA imposes an assessable payment on an applicable large employer when in violation of the ACA. The City Council has authorized the City Manager to approve the City's Affordable Care Act Operational Procedures which explain how to implement the Safe Harbor Look Back Measurement provisions of the ACA. Moorpark Administrative Procedure No. 56 Resolution No. 2022-4097 Page 31 (MAP-56) dated March 27, 2015, set forth the procedures. The City Council delegates to the City Manager as Personnel Director or his/her designee the authority to modify to Affordable Care Act Operational Procedures as may be necessary from time to time. SECTION 4. POLICIES ADMINISTERED BY COMMUNITY DEVELOPMENT DEPARTMENT Policy 4.1: 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 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. Policy 4.2: Code Compliance Program The City Council is committed to preserving and improving the quality of life in Moorpark. In support of this vision, the City has established a Code Compliance Program to create a clear, concise guide to achieve compliance with the Moorpark Municipal Code and is designed to promote code compliance through public awareness. The establishment and implementation of a Moorpark Administrative Procedure setting forth the Code Compliance Program, and updates as needed from time to time, are delegated to the Community Development Director. Policy 4.3: Street Naming The Community Development Director, in consultation with the City Manager and in conjunction with the Ventura County Fire Department shall determine street names for recommendation to the City Council. All street names shall be approved by the City Council prior to approval of a final subdivision map. 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. Resolution No. 2022-4097 Page 32 Policy 4.4: Designation of Community Events per Health and Safety Code Section 113755 1. The Community Development Director, or designee, is hereby authorized to designate a specific event as a Community Event, within the meaning of Section 113755 of the California Health and Safety Code for purposes of compliance with Environmental Health regulations pertaining to Temporary Food Facilities. 2. In order to qualify as a Community Event, the event must be open to the general public, and shall have a civic, political, public, or educational nature, as determined by the Community Development Director, or designee. For the purposes of this policy, "public" nature shall include, but not be limited to purposes such as providing entertainment to the public, social interaction, and attracting business to the City. 3. The designation of an event as a "Community Event" is separate and independent from the City's Special Event Permit application process, which may also be required for the event and shall be considered on its own merits. Receiving a "Community Event" designation does not obligate the City to approve a Special Event Permit application for the same event. 4. A "Community Event" designation shall be valid only for the location, time period, and operational parameters specified in the Community Development Director's designation, which may include designation of a recurring annual event for multiple years, at the Director's or designee's discretion. 5. The Community Development Director may revoke a Community Event or Community Event Venue designation upon a finding that the specific event or location does not comply with the policies herein or administrative regulations promulgated by the Director under the authority granted herein. 6. The City's designation of an event as a "Community Event" does not replace or supersede the County of Ventura, Environmental Health Division's separate and independent authority over Temporary Food Facility Permit applications. 7. The Community Development Director is authorized to establish appropriate administrative procedures to consider and decide requests for designation of a Community Event. Policy 4.5: First-Time Home Buyer Affordable Housing Program The City Council has established a First-Time Home Buyer Affordable Housing Program to make available for sale dwelling units to very-low, low, or moderate income persons/households; sets forth the primary criteria for eligibility for participation in said Program and determining priority for participant selection; the primary criteria and parameters for retaining the affordable units as affordable for the longest feasible period, but in no event less than forty-five (45) years; equity sharing requirement upon resale; refinancing; the ongoing responsibilities of the buyers; and establishes the requirement that upon resale the affordable dwelling unit is sold to a City approved buyer in the same income Resolution No. 2022-4097 Page 33 category as the original buyer at the time of the initial sale .. The policy, with its on-going administration and revision from time to time as necessary, is delegated to the Community Development Director. SECTION 5. POLICIES ADMINISTERED BY FINANCE DEPARTMENT Policy 5.1: Fund Balance Reserve Fiscal stability is an important factor to any city. Sound financial management includes the practice and discipline of maintaining adequate reserve funds for known and unknown contingencies. Such contingencies and occurrences include, but are not limited to: • Cash flow requirements • Economic uncertainties and other financial hardships or downturns in the local, state or national economy • Local disasters or catastrophic events • Loss of major revenue source • Unanticipated operating or capital expenditures • Capital asset and infrastructure repair and replacement The establishment of prudent financial reserve policies is important to ensure the long-term financial health of the City. The City will fund annually, to the extent of available General Fund unassigned budgetary surplus, and endeavor to maintain a General Fund committed fund balance for an Emergency/Contingency reserve in the minimum amount of 20% of adopted budget expenditures, plus a minimum General Fund unassigned fund balance of $1 million. Additionally, an Economic Uncertainty reserve will also be funded in General Fund committed fund balance to help provide resources to minimize service disruption in the event of fiscal stress such as unexpected revenue shortfalls or unpredicted one-time expenditures or operating changes that occur outside of the planned annual budget. Reserves shall not normally be applied to recurring annual operating expenditures. This fund will provide the City resources to weather short-term and other cyclical revenue downturns while avoiding large variations in taxes and fees or variations in the type and quality of municipal services provided. The amount of the Economic Uncertainty fund shall be a minimum of $1 million. Funding the Economic Uncertainty reserve can only be appropriated and used for budgetary purposes by an affirmative vote of the City Council. The Emergency/Contingency reserve will be maintained for the purpose of minimizing the financial impact or quickly respond to unexpected situations such as local event or natural disaster or declared emergency and/or claims which will not be reimbursable from insurance or Federal, State or County Government. The $1 million of General Fund unassigned fund balance may be used for budget adjustments during the fiscal year and/or Economic Uncertainty reserve replenishment, as recommended by the City Manager from time to time. Reserve levels will be adjusted annually in accordance with this policy. Annually, in conjunction with the year-end analysis and preparation of the City's Annual Comprehensive Resolution No. 2022-4097 Page 34 Financial Report (ACFR) for a completed fiscal year, any remaining General Fund unassigned fund balance from that fiscal year shall be applied as follows, in order of priority: (1) if needed, to increase the fund balance of the Emergency/Contingency Reserve to 20% of the subsequent fiscal year's adopted budget expenditures; (2) if needed, to reserve or replenish General Fund Economic Uncertainty to $1 million; (3) if needed, to reserve or replenish General Fund unassigned fund balance to $1 million; (4) to pay down Unfunded Accrued Liability (UAL), if any, with respect to the City's pension plans in an effort to maintain a minimum of 95% funding; and (5) to pay down UAL, if any, with respect to the City's Other Post-Employment Benefits (OPEB) plan (i.e., post-employment healthcare plan) in an effort to maintain a minimum of 95% funding. Annually, any excess General Fund unassigned fund balance remaining after the four_items required by the immediately preceding paragraph above have been fully funded will be transferred to the Special Projects Fund. Pursuant to California Government Code Section 53647, interest generated from the Special Projects Fund will be posted to the General Fund as interest income, which is vital to the City's General Fund operating budget. The Special Projects Fund will be used to maintain and build new projects including major rehabilitation of streets, parks and facilities (e.g. Construction of Civic Center Complex, Moorpark Library, Street Capital Improvement Projects, etc.). These funds may also be used for any other purpose as deemed appropriate by the City Council by a separate vote. Grant Funds Most grant awards are reimbursement, whereby the City spends the money first and applies for reimbursement from the granting agency. The City usually has a negative fund balance in the grant funds until the grant money is actually received. Therefore, there is no minimum reserve requirement for grant funds. Grant funds shall be used to procure materials, supplies, and capital as may be permitted by the grant rules. No recurring costs shall be funded by a grant unless the City Council pre-approves the recurring costs. All Other Funds Except as otherwise described above, the City will maintain a minimum reserve of 10% of the annual revenue in each fund. Annual revenue is calculated based on the average of the three prior year's revenue for the fund. Policy 5.2: Landscape and Lighting Assessment District (LLAD) Operational and Capital Improvements Reserve Fund Balance The Finance Director or his/her designee shall work with the responsible department head and assessment engineer to calculate annual operating costs and the Operational Reserves and Capital Improvements Reserve fund balances for each landscape and lighting assessment district in conjunction with preparation of the City's annual fiscal year budget. The Operational Reserves fund balances for each landscape and lighting assessment district ("LLAD") shall not exceed the estimated costs of maintenance and servicing to December 10 of the fiscal year, or approximately fifty percent (50%) of the annual estimated costs of each LLAD, or whenever the City expects to receive its Resolution No. 2022-4097 Page 35 apportionment of special assessments and tax collections from the county, whichever is later. The Capital Improvements Reserves fund balances shall be maintained for each LLAD to ensure sufficient operational available funding (i.e. cash flow) and to cover replacement costs for capital assets including, but not limited to, landscape materials, irrigation equipment, hardscape, walls, ornamental structures, trails, drainage facilities, fencing, decorative lighting, and project signage. Contributions to the Capital Improvements Reserves fund balances shall be calculated in conformance with the adopted LLAD Capital Improvements Reserves Fund Study ("Study") with an annual increase of 2.5% over the useful life of such improvements as specified in the Study. The Study shall be re-evaluated every 15 years, or sooner at the discretion of the Finance Director. Funding Annual Deficits If any LLAD that is subject to fixed maximum assessment rates ends the fiscal year with a deficit fund balance, funds may be transferred from the General Fund or other funds, as approved by the City Council, to restore the LLAD to a zero fund balance. This transfer shall occur in the subsequent fiscal year so as to enable the LLAD to begin the fiscal year with a zero fund balance. Policy 5.3: City Treasurer, Investments, and Cash Handling The City Treasurer is charged with depositing, disbursing, safekeeping, and investing all public funds of the City (including the Successor Agency to the Redevelopment Agency of the City of Moorpark and the Public Financing Authority). The primary function of the City Treasurer is the safekeeping of City funds: safety, liquidity, and yield. These three objectives are defined in the investment policy. The investment function is controlled by the investment policy, which shall be adopted by the City Council annually. City Banking The City Treasurer should go out to bid once every ten years for banking services (City and Successor Agency), custodial services (investments), and broker-dealer services (investments). Investments Consistent with applicable State law, the City Council shall adopt an Investment Policy by separate resolution and review and update said policy annually. The Administration, Finance, and Public Safety Committee shall review the Investment Policy resolution on an annual basis prior to consideration by the City Council. Pursuant to State Government Code Section 53607, the City Council and Successor Agency may delegate for a one-year period authority to the City Treasurer to invest or reinvest City and Successor Agency funds, or to sell or exchange securities so purchased. If such authority is so delegated, the City Treasurer shall thereafter assume full responsibility for those transactions until the delegation of authority is revoked or expires, and shall make a monthly report of those transactions to the City Council and Successor Resolution No. 2022-4097 Page 36 Agency if applicable. Subject to review, the City Council and Successor Agency may renew the delegation of authority each year. The City Treasurer shall make a quarterly report of those transactions and portfolio holdings, including the information specified in Government Code Section 53046(b) to the City Council, Successor Agency and City Manager. A separate quarterly report shall be provided to the City Council acting as Successor Agency. Cash Handling The City Council delegates to the City Treasurer or his/her designee the handling of cash received by City for payment of fees, services, penalties or other such City transactions. The City Treasurer or his/her designee shall prepare written procedures on cash handling and shall provide training for applicable staff. Written procedures may include topics such as checking for counterfeit bills on large denominations, counting back the change to the customer, not accepting foreign currency as payment, and providing receipts to the customer. Policy 5.4: Authorization for Hardship Fee Modification and Waiver No payment of a fee, fine, or deposit may be waived, delayed, modified, or adjusted, except as authorized by the City Council in the Municipal Code or resolution establishing the fee, fine, or deposit. Policy 5.5: Fund Balance Reporting as Required by Governmental Accounting Standards Board Statement No. 54 (GASB 54) 1. The Finance Director is responsible for implementing this policy. 2. Consistent with the Governmental Accounting Standards Board Statement No. 54, "Fund Balance Reporting and Governmental Fund Type Definitions", the City Council has adopted the following method to self-classify fund balances for financial statement reporting purposes: A. Committed Fund Balance Fund Balance may be committed to specific purposes using the highest level of decision-making authority, the City Council. It is the City Council's policy that commitments of fund balance for a fiscal year must be adopted by resolution prior to fiscal year end, June 30th. Amounts that have been committed by the City Council cannot be used for any other purposes unless the City Council adopts another resolution to remove or change the constraint. B. The Classified Fund Balance The General Fund balance may be assigned for amounts the City Council intends to use for a specific purpose. It is the City Council's policy that assignments of fund balance for a fiscal year must be approved by the City Council prior to the fiscal year end, June 30th. Any changes to assignments must also be made by the City Council. Resolution No. 2022-4097 Page 37 It is the City Council's policy to spend Classified Fund Balance in the following order when amounts in more than one classification are available for a particular purpose: 1) Restricted Fund Balance -amounts constrained to specific purpose by their providers through constitutional provisions or enabling legislation. Examples include grants, bond proceeds and pass- through revenue from other levels of government. 2) Committed Fund Balance -amounts constrained to specific purpose by resolution of the City Council. The City Council has designated the following Committed Fund Balance: Library Fund (1010) for the purpose of providing library services. 3) Assigned Fund Balance -amounts which are intended to be used for a specific purpose, expressed by the City Council. The City Council has designated the following Assigned Fund Balances for the future design and construction of infrastructure improvement projects: Endowment Fund (2018), Capital Projects (3000), City Hall Improvement (3001 ), Police Facilities (3002), Equipment Replacement (3003), Special Projects (3004), Remaining Bond proceeds (3005), PEG Capital Fund (3006), DOA Settlement (3007), IT Equipment Replacement (3008), Vehicle Replacement (3009), Facilities Replacement (3010), CFO 2004-01 Highland Improvement (6004), SARA 2001 Tax Allocation Bond Proceeds (7103), SARA 2006 Tax Allocation Bond Proceeds (7104). 4) Unassigned Fund Balance -amounts available for any purpose in the General Fund. Policy 5.6 Debt Management Policy 1. Purpose The purpose of this Debt Management Policy (Policy) is to establish guidelines and parameters for the effective governance, management and administration of debt and other financing obligations issued by the City of Moorpark (City). As used in this Policy, "City" shall mean the City. As used in this Policy, "debt" shall be interpreted broadly to mean bonds, notes, certificates of participation, financing leases, or other financing obligations, but the use of such term in this Policy shall be solely for convenience and shall not be interpreted to characterize any such obligation as an indebtedness or debt within the meaning of any constitutional debt limitation where the substance and terms of the obligation comport with exceptions thereto. Resolution No. 2022-4097 Page 38 2. Background The City is committed to fiscal sustainability by employing long-term financial planning efforts, maintaining appropriate reserves levels and employing prudent practices in governance, management, budget administration and financial reporting. Debt levels and their related annual costs are important long-term obligations that must be managed within available resources. A disciplined, thoughtful approach to debt management includes policies that provide guidelines for the City to manage their collective debt program in line with those resources. Therefore, the objective of this policy is to provide written guidelines and restrictions concerning the amount and type of debt and other financing obligations issued by the City and the ongoing management of the debt portfolio. This Policy is intended to improve the quality of decisions, assist with the determination of the structure of debt issuance, identify policy goals, and demonstrate a commitment to long-term financial planning, including a multi-year capital plan. Adherence to a local debt policy signals to rating agencies and the capital markets that a government is well managed and should meet its obligations in a timely manner. 3. Conditions and Purposes of Debt Issuance A. Acceptable Conditions for the Use of Debt The City believes that prudent amounts of debt can be an equitable and cost- effective means of financing major infrastructure and capital project needs of the City. Debt will be considered to finance such projects if: 1) The capital project has been, or will be, included in the City's capital improvement plan or has otherwise been coordinated with the City's planning goals and objectives. 2) The capital project can be financed with debt not exceeding the term specified in Section 5.A. of this Policy, to assure that long-term debt is not issued to finance projects with a short useful life. 3) It is the most cost-effective funding means available to the City, taking into account cash flow needs and other funding alternatives. 4) It is fiscally prudent and meets the guidelines of this Policy. Any consideration of debt financing shall consider financial alternatives, including pay-as-you-go funding, proceeds derived from development or redevelopment of existing land and capital assets owned by the City, and use of existing or future cash reserves, or combinations thereof. Resolution No. 2022-4097 Page 39 B. Acceptable Uses of Debt and Proceeds of Debt The primary purpose of debt is to finance one of the following: 1) The City will consider financing for the acquisition, substantial refurbishment, replacement, or expansion of physical assets, including land improvements, for the following purposes: a) Acquisition and or improvement of land, right-of-way or long- term easements. b) Acquisition of a capital asset with a useful life of 3 or more years. c) Construction or reconstruction of a facility. d) Although not the primary purpose of the financing effort, project reimbursables that include project planning design, engineering and other preconstruction efforts; project-associated furniture fixtures and equipment; capitalized interest, original issue discount, underwriter's discount, and other costs of issuance. 2) Refunding, refinancing, or restructuring debt (including without limitation the refinancing or advance funding of City pension obligations), subject to refunding objectives and parameters discussed in Section G. 3) In the event of temporary shortfalls in cash flow for City operation costs due to timing of receipt of revenues and the lack of cash on hand to cover the temporary deficit, the City may consider interim or cash flow financing, such as anticipation notes. In compliance with applicable state law, any such notes shall be payable either (i) not later than the last day of the fiscal year in which it is issued, or (ii) during the fiscal year succeeding the fiscal year in which issued, but in no event later than 15 months after the date of issue, and only if such note is payable only from revenue received or accrued during the fiscal year in which it was issued. C. Prohibited Uses of Debt and Proceeds of Debt Prohibited uses of debt include the following: 1) Financing of operating costs, except for anticipation notes satisfying the criteria set forth in Section 3.8.3). 2) Debt issuance used to address budgetary deficits. 3) Debt issued for which the term of the debt exceeds the term specified Resolution No. 2022-4097 Page 40 in Section 5.A. of this Policy. D. Internal Control Procedures Concerning Use of Proceeds of Debt One of the City's priorities in the management of debt is to assure that the proceeds of the debt will be directed to the intended use for which the debt has been issued. In furtherance of this priority, the following procedures shall apply: 1) The Finance Director shall retain, for the applicable period specified in Section 8.D. of this Policy, a copy of each annual report filed with the California Debt and Investment Advisory Commission (CDIAC) pursuant to Section 8855(k) of the California Government Code concerning (1) debt authorized during the applicable reporting period (whether issued or not), (2) debt outstanding during the reporting period, and (3) the use during the reporting period of proceeds of issued debt. A copy of the annual report shall be provided to the City Council, City Manager and City Clerk. 2) In connection with the preparation of each annual report to be filed with CDIAC pursuant to Section 8855(k) of the California Government Code, the Finance Director or the designee of the Finance Director shall keep a record of the original intended use for which the debt has been issued, and indicate whether the proceeds spent during the applicable one-year reporting period for such annual report comport with the intended use (at the time of original issuance or as modified pursuant to the following sentence). If a change in intended use has been authorized subsequent to the original issuance of the debt, the Finance Director or the designee of the Finance Director shall indicate in the record when the change in use was authorized and whether the City Council, City Manager, or another City official has authorized the change in intended use. The Finance Director shall report apparent deviations from the intended use in debt proceeds to the City Manager for further discussion, and if the City Manager determines appropriate in consultation with legal counsel (which may be bond counsel, if applicable, or the City Attorney), to the City Council. 3) If the debt has been issued to finance a capital project and the project timeline or scope of project has changed in a way that all or a portion of the debt proceeds cannot be expended on the original project, the Finance Director shall consult with the City Manager and legal counsel (which may be bond counsel, if applicable, or the City Attorney) as to available alternatives for the expenditure of the remaining debt proceeds (including prepayment of the debt). After such consultation, the Finance Director shall seek the direction of the City Council as to an alternative for the expenditure or use of such remaining debt proceeds. Resolution No. 2022-4097 Page 41 4. Type of Financing Instruments; Affordability and Planning Policies The City recognizes that there are numerous types of financing structures and funding sources available, each with specific benefits, risks, and costs. All potential funding sources are reviewed by management within the context of this Policy and the overall portfolio to ensure that any financial product or structure is consistent with the City's objectives. Regardless of what financing structure(s) is utilized, due diligence review must be performed for each transaction, including the quantification of potential risks and benefits, and analysis of the impact on City creditworthiness and debt affordability and capacity. Prior to the issuance of debt or other financing obligations to finance a project, the City will carefully consider the overall long-term affordability of the proposed debt issuance. The City shall not assume more debt or other financing obligations without conducting an objective analysis of the City's ability to assume and support additional debt service payments. The City will consider its long-term revenue and expenditure trends, the impact on operational flexibility and the overall debt burden on the taxpayers. The evaluation process shall include a review of generally accepted measures of affordability and will strive to achieve and or maintain debt levels consistent with its current operating and capital needs. A. General Fund-Supported Debt General Fund Supported Debt generally include Certificates of Participation (COPs) and Lease Revenue Bonds (LRBs) which are lease obligations that are secured by an installment sale or by a lease-back arrangement between the City and another public entity. Typically, the City appropriates available General Fund moneys to pay the lease payments to the other public entity and, in turn, the public entity uses such lease payments received to pay debt service on the bonds or Certificates of Participation. General Fund Supported Debt may also include bonds issued to refund obligations imposed by law, such as judgments Uudgment obligation bonds (JOBs)) or unfunded accrued actuarial liabilities for pension plans (pension obligation bonds (POBs)). These obligations do not constitute indebtedness under the state constitutional debt limitation and, therefore, are not subject to voter approval. Payments to be made under valid leases are payable only in the year in which use and occupancy of the leased property is available, and lease payments may not be accelerated. Lease financing requires the fair market rental value of the leased property to be equal to or greater than the required debt service or lease payment schedule. The lessee (City) is obligated to include in its Annual Budget and appropriate the rental payments that are due and payable during each fiscal year the lessee has use of the leased property. The City should strive to maintain its net General Fund-backed annual debt service at or less than 10% of available annually budgeted revenue. This Resolution No. 2022-4097 Page 42 ratio is defined as the City's annual debt service requirements on General Fund Supported Debt (including, but not limited to, COPs, LRBs, JOBs, and POBs) compared to total annual General Fund Revenues net of interfund transfers. B. Revenue Bonds Long-term obligations payable solely from specific special fund sources, in general, are not subject to a debt limitation. Examples of such long-term obligations include those which are payable from a special fund consisting of restricted revenues or user fees (Enterprise Revenues) and revenues derived from the system of which the project being funded is a part. In determining the affordability of proposed revenue bonds, the City will perform an analysis comparing projected annual net revenues (exclusive of depreciation which is a non-cash related expense) to estimated annual debt service. The City should strive to maintain a coverage ratio of 110% (or such higher coverage ratio included in the City's existing financing documents), using historical and/or projected net revenues to cover annual debt service for bonds. To the extent necessary, the City shall undertake proceedings for a rate increase to cover both operations and debt service costs, and create debt service reserve funds to maintain the required coverage ratio. C. Special Districts Financing The City's special districts primarily consist of Community Facilities Districts (CFDs) and 1913/1915 Act Assessment Districts (Assessment Districts). The City will consider requests for special district formation and debt issuance when such requests address a public need or provide a public benefit. Each application will be considered on a case by case basis, and the Finance Department may not recommend a financing if it is determined that the financing could be detrimental to the debt position or the best interests of the City. D. General Obligation Bonds Notwithstanding their name, General Obligation Bonds are not general obligations of the City, but instead they are payable from and secured by a dedicated, voter-approved property tax override rate (i.e., a property tax in excess of the 1 % basic ad valorem property tax rate which has received the approving two-thirds vote of the City's electorate). While the dedicated revenue stream to repay the debt makes General Obligation Bonds an attractive option, additional considerations for this financing mechanism include the time and expense of an election, the possibility that the electorate will not approve the ballot measure, and the legal bonding capacity limit (3.75% of the assessed value of all taxable property within the City as of the adoption date of this Policy). Resolution No. 2022-4097 Page 43 E. Tax Increment Financing Tax Increment Financing is payable from and secured by a portion of ad valorem property taxes that are allocated to the Successor Agency, an enhanced infrastructure financing district (EIFD), or a community revitalization and investment authority (CRIA) subject to a plan adopted for such entity and the applicable law. While tax increment debt for redevelopment agencies and Successor Agencies is entitled to the benefits of Article XVI, Section 16, of the California Constitution, no similar provision exists for EIFDs and CRIAs at the time of adoption of this Policy. Therefore, when considering EIFD or CRIA financing, debt limit concerns should be analyzed with respect to the proposed structure and taken into account in determining the practical viability of the proposed financing. F. Conduit Debt Conduit financing provides for the issuance of securities by a government agency to finance a project of a third party, such as a non-profit organization or other private entity. The City may sponsor conduit financings for those activities that have a general public purpose and are consistent with the City's overall service and policy objectives. Unless a compelling public policy rationale exists, such conduit financings will not in any way pledge the City's faith and credit. 5. Structure of Debt A. Term of Debt In keeping with Internal Revenue Service regulations for tax-exempt financing obligations, the weighted average maturity of the debt should not exceed 120 percent of the weighted average economic life of the facilities or projects to be financed, unless specific circumstances exist that would mitigate the extension of time to repay the debt and it would not cause the City to violate any covenants to maintain the tax-exempt status of such debt, if applicable. B. Rapidity of Debt Payment; Level Payment To the extent practical, bonds will be amortized on a level repayment basis, and revenue bonds will be amortized on a level repayment basis considering the forecasted available pledged revenues to achieve the lowest rates possible. Bond repayments should not increase on an annual basis in excess of 2% without a dedicated and supporting revenue funding stream. Accelerated repayment schedules reduce debt burden faster and reduce total borrowing costs. The Finance Department will amortize debt through the most financially advantageous debt structure and to the extent possible, match the City's projected cash flow to the anticipated debt service payments. Resolution No. 2022-4097 Page 44 "Backloading" of debt service will be considered only when one or more of the following occur: 1) Natural disasters or extraordinary or unanticipated external factors make payments on the debt in early years prohibitive. 2) The benefits derived from the debt issuance can clearly be demonstrated to be greater in the future than in the present. 3) Such structuring is beneficial to the City's aggregate overall debt payment schedule or achieves measurable interest savings. 4) Such structuring will allow debt service to more closely match projected revenues, whether due to lower project revenues during the early years of the project's operation, inflation escalators in the enterprise user rates, or other quantifiable reasons. C. Serial Bonds, Term Bonds, and Capital Appreciation Bonds For each issuance, the City will select serial bonds or term bonds, or both. On the occasions where circumstances warrant, Capital Appreciation Bonds (CABs) may be used. The decision to use term, serial, or CAB bonds is driven based on market conditions. D. Reserve Funds To the extent a reserve fund provides an economic benefit that offsets the cost of funding the reserve fund, as determined by the Finance Director in consultation with the City's municipal advisor and, if applicable, the underwriter for the bonds, the City may fund a reserve fund for the proposed bonds, up to the maximum amount permitted by applicable law or regulation. Typically, this amount is equal to the least of (i) maximum annual debt service on the bonds, (ii) 10% of the principal amount of the bonds ( or 10% of the sale proceeds of the bonds, within the meaning of Section 148 of the federal Internal Revenue Code), or (iii) 125% of average annual debt service on the bonds. 6. Use of Alternative Debt Instruments Alternative debt instruments and financing structures sometimes can provide a lower cost of borrowing in the short run, but may involve greater medium- term or long-term risk. Due diligence review must be performed for each transaction, including the quantification of potential risks and benefits, analysis of the impact on City creditworthiness and debt affordability and capacity, and an evaluation of the ability of the City to withstand the medium- term or long-term risk attendant to alternative debt instruments, including the feasibility of exit strategies. Resolution No. 2022-4097 Page 45 A. Variable Rate Debt Variable rate debt affords the City the potential to achieve a lower cost debt depending on market conditions. However, the City will seek to limit the use of variable-rate debt due to the potential risks of such instruments. 1) Purpose The City shall consider the use of variable rate debt for the purposes of: a) Reducing the costs of debt issues. b) Increasing flexibility for accelerating principal repayment and amortization. c) Enhancing the management of assets and liabilities (matching short-term "priced debt" with the City's short-term investments). 2) Considerations and Limitations on Variable-Rate Debt The City may consider the use of all alternative structures and modes of variable rate debt to the extent permissible under State law and will make determinations among different types of modes of variable rate debt based on cost, benefit, and risk factors. The Finance Director shall consider the following factors in considering whether to utilize variable rate debt: a) With respect to General Fund supported debt, any variable rate debt should not exceed 50% of total City General Fund supported debt. b) Any variable rate debt should be fully hedged by expected future capital fund reserves or unrestricted General Fund reserve levels, as applicable. c) Whether interest cost and market conditions (including the shape of the yield curves and relative value considerations) are unfavorable for issuing fixed rate debt. d) The likelihood of projected debt service savings when comparing the cost of fixed rate bonds. e) Costs, implementation and administration are quantified and considered. f) Cost and availability of liquidity facilities (lines of credit necessary for variable rate debt obligations and commercial Resolution No. 2022-4097 Page 46 paper in the event that the bonds are not successfully remarketed) are quantified and considered. g) Whether the ability to convert debt to another mode (daily, monthly, fixed) or redeem at par at any time is permitted. h) Cost and availability of derivative products to hedge interest rate risk. i) The findings of a thorough risk management assessment. 3) Risk Management Any issuance of variable rate debt shall require a rigorous risk assessment, including, but not limited to factors discussed in this section. Variable rate debt subjects the City to additional financial risks (relative to fixed rate bonds), including interest rate risk, tax risk, and certain risks related to providing liquidity for certain types of variable rate debt. The City will properly manage the risks as follows: a) Interest Rate Risk and Tax Risk -The risk that market interest rates increase on variable-rate debt because of market conditions, changes in taxation of municipal bond interest, or reductions in tax rates. Mitigation -Limit total variable rate exposure per the defined limits, match the variable rate liabilities with short term assets, and/or purchase appropriate derivative products to hedge against the risk (see also Section 6.B below). b) Liquidity/Remarketing Risk -The risk that holders of variable rate bonds exercise their "put" option, tender their bonds, and the bonds cannot be remarketed requiring the bond liquidity facility provider to repurchase the bonds. This will result in the City paying a higher rate of interest to the facility provider and the potential rapid amortization of the repurchased bonds. Mitigation -Limit total direct variable-rate exposure. Seek liquidity facilities which allow for longer (5-10 years) amortization of any draws on the facility. Endeavor to secure credit support facilities that result in bond ratings of the highest short-term ratings and long-term ratings not less than AA. If the City's bonds are downgraded below these levels (or such other rating levels as provided in the applicable financing documents) as a result of the facility provider's ratings, a replacement provider shall be sought. c) Liquidity/Rollover Risk -The risk that arises due to the shorter term of most liquidity provider agreements (1-5 years) relative Resolution No. 2022-4097 Page 47 to the longer-term amortization schedule of the City's variable- rate bonds. Liquidity and rollover risk includes the following risks: (1) the City may incur higher renewal fees when renewal agreements are negotiated, and (2) the liquidity bank market may constrict such that it is difficult to secure third party liquidity at any interest rate. Mitigation -Negotiate longer terms on provider contracts to minimize the number of rollovers. B. Derivatives The use of certain derivative products to hedge variable rate debt, such as interest rate swaps, may be considered to the extent the City has such debt outstanding or under consideration. The City will exercise extreme caution in the use of derivative instruments for hedging purposes, and will consider their utilization only when sufficient understanding of the products and sufficient expertise for their appropriate use has been developed. A comprehensive derivative policy will be adopted by the City prior to any utilization of such instruments. 7. Refunding Guidelines The Finance Director shall monitor at least annually all outstanding City debt obligations for potential refinancing opportunities. The City will consider refinancing of outstanding debt to achieve annual savings or to refinance a bullet payment or spike in debt service. Except for instances in which a bullet payment or spike in debt service is being refinanced, absent a compelling reason or financial benefit to the City, any refinancing should not result in an increase to the weighted average life of the refinanced debt. Except for instances in which a bullet payment or spike in debt service is being refinanced, the City will generally seek to achieve debt service savings which, on a net present value basis, are at least 5% of the debt being refinanced. The net present value assessment shall factor in all costs, including issuance, escrow, and foregone interest earnings of any contributed funds on hand. Any potential refinancing shall additionally consider whether an alternative refinancing opportunity with higher savings is reasonably expected in the future. Refunds which produce a net present value savings of less than 5% will be considered on a case-by-case basis. Notwithstanding the foregoing, a refunding of Successor Agency bonds shall be determined based on the requirements of Health and Safety Code Section 34177.5. 8. Market Communication, Administration, and Reporting A. Rating Agency Relations and Annual or Ongoing Surveillance The Finance Director shall be responsible for maintaining the City's relationships with S&P Global Ratings, Fitch Ratings and Moody's Investor's Service. The City is committed to maintaining its existing rating levels. In Resolution No. 2022-4097 Page 48 addition to general communication, the Finance Director shall: 1) Ensure the rating agencies are provided updated financial statements of the City as they become publicly available. 2) Communicate with credit analysts at each agency at least once each year, or as may be requested by the agencies. 3) Prior to each proposed new debt issuance, schedule meetings or conference calls with agency analysts and provide a thorough update on the City's financial position, including the impacts of the proposed debt issuance. B. Council Communication The Finance Director should report feedback from rating agencies, when and if available, regarding the City's financial strengths and weaknesses and areas of concern relating to weaknesses as they pertain to maintaining the City's existing credit ratings. C. Continuing Disclosure Compliance The City shall remain in compliance with Rule 15c2-12, promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934, by filing (to the extent required by the applicable continuing disclosure undertaking) its annual financial statements and other financial and operating data for the benefit of its bondholders within 270 days of the close of the fiscal year, or by such other annual deadline required in any continuing disclosure agreement or certificate for any debt issue. The City shall maintain a log or file evidencing that all continuing disclosure filings have been made promptly. D. Debt Issue Record-Keeping A copy of all debt-related records shall be retained at the City's offices. At minimum, these records shall include all official statements, bond legal documents/transcripts, resolutions, trustee statements, leases, and title reports for each City financing (to the extent available). Such records shall be retained while any bonds of an issue are outstanding and during the three-year period following the final maturity or redemption of the bond issue or, if later, while any bonds that refund bonds of that original issue are outstanding and for the three-year period following the final maturity or redemption date of the latest refunding bond issue. E. Arbitrage Rebate The use of bond proceeds and their investments must be monitored to ensure compliance with all arbitrage rebate requirements of the Internal Revenue Resolution No. 2022-4097 Page 49 Code and related Internal Revenue Service regulations, in keeping with the covenants of the City in the tax certificate for any federally tax-exempt financing. The Finance Director shall ensure that all bond proceeds and investments are tracked in a manner which facilitates accurate calculation; and, if a rebate payment is due, such payment is made in a timely manner. 9. Credit Ratings The City will consider published ratings agency guidelines regarding best financial practices and guidelines for structuring its capital funding and debt strategies to maintain the highest possible credit ratings consistent with its current operating and capital needs. Whenever the City of Moorpark receives a credit rating, the City will strive to maintain 'investment grade' standings in the municipal market (BBB-/Baa3 and higher). Below is the credit rating scale of the three (3) major rating agencies: Standard & Fitch Moody's Poor's Investors Investor's Corporation Service. Inc. Service, Inc. Definition AAA AAA Aaa Highest grade credit AA+ AA+ Aa1 Very high grade credit AA AA Aa2 AA-AA-Aa3 A+ A+ A1 High grade credit A A A2 A-A-A3 BBB+ BBB+ Baa1 Good grade credit BBB BBB Baa2 RRB-BBB-Baa3 BB+ BB+ Ba1 Non-investment grade BB BB Ba2 Speculative credit BB-BB-Ba3 B+ B+ B1 Very speculative credit B B B2 B-B-B3 CCC+ CCC+ Caa1 Substantial risk CCC CCC Caa2 In or near default with CCC-CCC-Caa3 possibility of recovery cc cc Ca C C SD DOD C Default D DD Minimal chance of recovery D Resolution No. 2022-4097 Page 50 10. SB 1029 Compliance Senate Bill 1029, signed by Governor Brown on September 12, 2016, and enacted as Chapter 307, Statutes of 2016, requires issuers to adopt debt policies addressing each of the five items below: A. The purposes for which the debt proceeds may be used. Section 3.B (Acceptable Uses of Debt and Proceeds of Debt) and Section 3.C. (Prohibited Use of Debt and Proceeds of Debt) address the purposes for which debt proceeds may be used. B. The types of debt that may be issued. Section 4 (Types of Financing Instruments; Affordable and Planning Policies), Section 5 (Structure of Debt) and Section 6 (Use of Alternative Debt Instruments) provide information regarding the types of debt that may be issued. C. The relationship of the debt to, and integration with, the issuer's capital improvement program or budget, if applicable. Section 3.A (Acceptable Conditions for the Use of Debt) provides information regarding the relationship between the City's debt and Capital Improvement Program. D. Policy goals related to the issuer's planning goals and objectives. As described in Section 2 (Background), Section 4 (Types of Financing Instruments; Affordable and Planning Policies), and other sections, this Policy has been adopted to assist with the City's goal of maintaining fiscal sustainability and financial prudence. E. The internal control procedures that the issuer has implemented, or will implement, to ensure that the proceeds of the proposed debt issuance will be directed to the intended use. Section 3.D (Internal Control Procedures Concerning Use of Proceeds of Debt) provides information regarding the City's internal control procedures designed to ensure that the proceeds of its debt issues are spent as intended. SECTION 6. POLICIES APPLICABLE TO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT Policy 6.1: Flag Etiquette 1. The City of Moorpark intends to follow Title 4, Chapter 1, ("The Flag"), Sections 6 -9 of the United States Code, in the development and implementation of procedures consistent with and in support of the U.S. Flag Code. The City Council delegates to Resolution No. 2022-4097 Page 51 the Parks and Recreation Director or his/her designee the implementation of this Policy. 2. Flags will be lowered when so proclaimed by the President of the United States or Governor of the State of California and on these designated remembrance days: • On Memorial Day, the last Monday in May, flags will be flown at half-staff from sunrise until noon; and on Peace Officers Memorial Day, May 15, flags will be flown at half-staff from sunrise to sunset, unless that day is also Armed Forces Day, the third Saturday in May. • On Patriot Day (September 11) and National Pearl Harbor Remembrance Day (December 7), flags will be flown at half-staff from sunrise to sunset if the President issues a proclamation each year directing the flag of the United States to be flown at half-staff on September 11 and December 7. 3. The City Council also authorizes flags to be flown at half-staff for the following circumstances: • 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, not to exceed 14 calendar days. • 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, not to exceed 14 calendar days. • Flags will be flown at half-staff from the day of death to the day of interment for any City employee or local public safety officer killed in the line of duty, not to exceed 14 calendar days. 4. The City permits only the flying of the Flag of the United States of America, the Flag of the State of California, the Flag of the City of Moorpark at municipal facilities. The Flag of the National League of Prisoners of War/Missing in Action (POW/MIA), and the official Flags of branches of the United States Military are permitted to be flown at the Veterans Memorial Plaza. No other flags are permitted to be flown at municipal facilities or properties. 5. The flag policy for the City of Moorpark Police Services Center shall be consistent with this Flag Etiquette Policy and will also include the following provisions: • Flags may be flown at half-staff and for the same length of time as followed by the Ventura County Sheriff's Department (Sheriff), consistent with other facilities managed by the Sheriff, so long as the Sheriff's Department is a tenant at the Police Services Center; and Resolution No. 2022-4097 Page 52 • Flags may be flown at half-staff and for the same length of time as followed by the California Highway Patrol (CHP), consistent with other facilities managed by the CHP, so long as the CHP is a tenant at the Police Services Center. Policy 6.2: Park Naming 1. The City Council will direct the Parks and Recreation Commission to make recommendations on names for all new park projects during or before park construction. 2. City parks may be named in a manner which identifies the geographic location of each park. The name of a street, or the street upon which the park is located, may be part of the park name. In special circumstances, parks may be named for individuals under the following conditions: for a City of Moorpark resident who has made significant contributions that enhance and improve the quality of life in Moorpark, or a prominent state or national figure who has had a positive impact on the lives of Moorpark residents. Park names may be designated to recognize a national or historical event. 3. The City Council will consider the Parks and Recreation Commission's recommendations and will adopt the chosen park name by resolution. Policy 6.3: Standards of Conduct for City Recreation Facilities In order to provide an atmosphere of safety, courtesy, integrity and respect at City Recreation Facilities (including the Active Adult Center, Arroyo Vista Recreation Center, and Moorpark Library); the City of Moorpark has established a "Standards of Conduct Policy." The details of the policy, its implementation, and updates to the policy as may be required from time to time are delegated to the Parks and Recreation Director or his/her designee. This policy applies to all participants, defined as individuals, contract instructors, facility users, organizations or groups, and volunteers using, gathering and/or participating in activities at or associated with City Recreation Facilities. Each participant, as described in the prior sentence, is responsible for regulating his or her own conduct in a positive, productive, and mature manner. In matters of general conduct, participants shall be governed by the ordinary and reasonable rules of behavior observed by law-abiding and self-respecting citizens. Participants shall comply with all established and adopted rules and procedures governing City buildings. Policy 6.4: Teen Council The Moorpark City Council has created a Teen Council to encourage young residents to: actively participate in the operations of their City government in a positive and productive manner, provide the opportunity to facilitate communication and a spirit of involvement by youth in City government; and provide a learning experience for Teen Council members that is conductive to leadership growth. The purpose of the Teen Council is to investigate and make recommendations to City Parks, Recreation and Community Services Department 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 Resolution No. 2022-4097 Page 53 Council by the City Council. The details of the program and its functions are delegated to Parks and Recreation Director and his/her designee. Policy 6.5: Allocation of Park Improvement Fee Payments Chapter 16.44 of the City's Municipal Code, Public Parkland Dedications and/or Fees, includes requirements for the Amount of Fee in Lieu of Parkland Dedication (Section 16.44.050), and Limitation on Use of Land and Fees (Section 16.44.100). Ordinance No. 52, adopted on October 14, 1985, established a fee for new apartment houses and mobilehome parks for the purpose of providing park and recreational facilities to serve the future residents. Additionally, parks and recreation fees are required as a standard condition of approval for new commercial and industrial projects. The City Council has adopted by Resolution No. 2017-3656 two Park Improvement Fund Zones. Park Zone 1 is located north of Los Angeles Avenue and east of State Route 23. Park Zone 2 is located south of Los Angeles Avenue and west of State Route 23. The Park Improvement Fund Zone boundary map is included within the referenced resolution. This policy is intended to supplement Chapter 16.44 of the Moorpark Municipal Code and Ordinance No. 52 and formalize as policy of the City Council that fees paid in lieu of parkland dedication for residential subdivisions, apartment houses, mobilehome parks, and commercial and industrial projects (hereinafter referred to as park improvement fee payments) shall be deposited into the City's Park Improvement Zone Funds and used as follows: Sixty percent (60%) of park improvement fee payments will be placed in the Park Improvement Zone Fund in which the land development project I located and will be used for neighborhood park facilities within the Park Improvement Zone; and Forty percent (40%) of park improvement fee payments will be deposited in the Community- wide Park Improvement Fund and shall be expended for 1) improvements at Arroyo Vista Community Park; and 2) improvements at other City parks when such improvements are determined by a majority vote of the City Council to provide community-wide benefits to City residents. Policy 6.6: Recreation and Active Adult Programs and Services Cost Recovery Policy 1. Purpose The purpose and intent of the City Council in adopting the Recreation and Active Adult Programs and Services Cost Recovery Policy is to provide direction to staff in calculating and establishing fees and charges for recreation programs, to establish a process to recover the appropriate portion of cost based on the recovery goals of the program, to provide a framework to modify or eliminate programs that do not meet the minimum cost recovery goals, and to determine the extent to which the General Fund will subsidize programs. Resolution No. 2022-4097 Page 54 2. Program Costs Costs for each program shall be divided into three categories: 1. direct costs; 2. division indirect costs; and 3. other indirect costs. Each cost category shall have established minimum and target cost recovery percentages. Costs for programs shall be defined as follows: "Direct Costs" shall mean all costs directly associated with a program and charged to the program's budget, and all part-time staff costs associated with direct staffing of a program. "Division Indirect Costs" shall mean all division costs associated with the program and charged to the division budget, facility costs, and staff costs associated with planning and administration of the program. "Other Indirect Costs" shall mean department overhead costs for the department director and his/her administrative staff and city-wide overhead costs associated with the operation of the division. 3. Revenue Sources A variety of revenue sources may be used to meet a program's designated cost recovery goal. The City Manager or his/her designee shall determine the most appropriate revenue sources to assign to a program. The City Manager or his/her designee shall have the authority to establish any fee(s), rates, or other charges associated with each program's revenue source(s). Revenue sources include the following: User Fees: Fees charged to the individual or team participating in a program, including admission fees and registration fees. Sponsorships and Donations: Contributions in support of a specific program or service given to the City by private businesses or organizations. Vendor Fees: Fees charged to vendors (such as food booths and arts and crafts booths) to participate in recreation programs. Grants: Funding received by the City from a public, private, or non-profit grant or subvention program. Advertising and Promotional Fees: Fees charged for advertisements placed in recreation publications, temporary program or facility naming rights, providing program or service equipment or supplies baring the promoter's name or logo, and providing ancillary items or printed materials baring the promoter's name or logo. Resolution No. 2022-4097 Page 55 4. Program Categories Each recreation program and service offered by the Recreation Division shall be placed in a Program Category. A program shall be placed in the category that best defines the type, purpose, and structure of the program. Program Categories shall be defined as follows: A. "Community Event" shall mean a community-wide event that meets all of the following criteria: 1) benefits the community as a whole; 2) appeals to broad segments of the community; 3) is traditionally offered by a public agency; 4) does not require advance registration to attend. Examples: Fireworks Extravaganza, Moorpark Arts Festival. B. "Special Event" shall mean an event that meets the following criteria: 1) benefits a large segment of the community; 2) appeals to a specific demographic or population; 3) is typically offered by a public agency. Examples: Easter Egg Hunt, Trick or Treat Village Bingo Bash, Teen events. C. "Other Event" shall mean all other events that do not fall into Community or Special event categories. Example: Visits from Santa. D. "Day Camp" shall mean a general camp program for youth that does not focus on a specific activity type or topic. Examples: Camp Moorpark, Adventure Camp. E. "Recreation Classes and Specialty Camps" shall mean any class, workshop, or specialty camp that focuses on a specific activity type or topic and is instructional or developmental in nature. Examples: Beginning Ballet, Lego Engineering Camp, Tot Sports classes, Yoga. F. "Active Adult Classes" shall mean any class or workshop offered at the Active Adult Center that focuses on a specific activity type or topic, is instructional or developmental in nature, provides a benefit to the participant's mental or physical well-being, and requires a paid instructor or has a specific program materials requirement. Examples: Strength Training, Yoga, Art. G. "Adult Sports Program" shall mean an intra-community sports program which is offered for individuals ages 18 and older, is recreational in nature, and is open to a variety of playing abilities. Examples: Adult softball league, soccer league. H. "Youth Sports Program" shall mean an intra-community sports program which is offered for individuals ages 17 and younger, is recreational in nature, and is open to all playing abilities. Example: Youth Basketball League. I. "Tournaments and Competitions" shall mean an activity that offers a higher level of competition than typical recreation level programs. Sports tournaments, extreme challenge events, and timed bicycle or running events Resolution No. 2022-4097 Page 56 are included under this definition. Example: Softball tournament sponsored by the City. J. "Vital Services" shall be defined as services or activities that are essential to the health and well-being of the individual or community, are typically offered by a public agency, and are not generally available to the public through other sources. Example: Women's assault prevention clinic. K. "Special Interest Groups" shall be defined as social gatherings that do not have a paid instructor or supervisor at which the group will: 1. Discuss topics of interest; 2. Provide emotional or social support to group members; or 3. Work together on or participate in a common activity. Example: Book club. 5. Definition of Recovery Levels Program Categories will be placed into recovery levels establishing the percentage of required minimum and target cost recovery the program. Levels are defined as follows: A. Level One: Programs that are of a benefit to the whole community or are essential to the health and well-being of a target segment of the community, are typically provided by public agencies and not typically available through other providers, and require minimal commitment from participants (minimal time or financial investment is required, performance of program would not be altered by the absence of a single participant, and/or advance registration is not required.) B. Level Two: Programs that provide a benefit to a targeted segment of the community, are often offered by public agencies, are limited in availability from other providers, and require minimal commitment from participants. C. Level Three: Programs that provide both a community and individual benefit, are often offered by public agencies and may be available through other providers; and require some level of commitment from participants. D. Level Four: Programs that have a greater individual than community benefit, may be offered by public agencies or private businesses or other providers, are instructional or recreational in nature, and require a strong commitment from the participant (substantial time or financial investment is required, performance of program may be altered by the absence of a participant, and/or advance registration is required.) E. Level Five: Programs that provide primarily an individual benefit and are specialized or competitive in nature. Resolution No. 2022-4097 Page 57 6. Cost Recovery Matrix In accordance with the Cost Recovery Levels, the following matrix has been developed. The minimum recovery indicates the percentage of costs that must be recovered in order to continue offering the program without modification. The target recovery indicates the percentage of costs that staff will attempt to recover through program fees and other revenue sources. Direct Costs Division Indirect Costs Other Indirect Costs Minimum Target Minimum Target Minimum Target Proorams and Levels Recovery Recovery Recovery Recovery Recovery Recovery Level One: Includes: Community Events (A) 25% 100% 0% 25% 0% 0% Vital Services (J) Level Two: Includes: Special Events (B) 50% 100% 0% 50% 0% 0% Active Adult Classes (F) Special Interest Groups (K) Level Three: Includes: Day Camps (D) 100% 100% 50% 75% 0% 0% Youth Sports Programs (H) Level Four: Includes: Recreation Classes and Specialty Camps (E) 100% 100% 75% 100% 0% 25% Adult Sports Programs (G) Level Five: Includes: Other Events (C) 100% 100% 100% 100% 50% 100% Tournaments and Competitions (I) 7. Cost Recovery Implementation and Management Division staff will establish, and the Department Director will approve, strategies for achieving cost recovery goals. Strategies will be implemented based on the best interests of maintaining a strong program and reaching the designated recovery goals within a period not to exceed one year. The process for cost recovery shall be as follows: A. Each recreation program or service will be assigned to the appropriate Program Category, establishing the recovery level for the program. B. Staff will determine appropriate revenue source(s) for the program and establish user fees, sponsorships/donations, vendor fees, and/or grant amounts necessary to meet minimum cost recovery. C. Programs will be reviewed annually to determine if they are meeting the minimum cost recovery percentage. Resolution No. 2022-4097 Page 58 D. Programs that are unable to meet the minimum cost recovery will be reviewed by the Department Director for consideration of appropriate action, including restructuring or eliminating the program. E. Programs that meet minimum cost recovery and do not exceed target recovery will not require action. F. Programs that exceed target cost recovery will be reviewed to determine whether or not fees should be decreased, the program should be placed in a different Program Category or Recovery Level, or other action is needed. G. An annual report will be presented to the Parks and Recreation Commission by October 31 and to the City Council by December 31 each year summarizing the programs offered during the prior fiscal year and whether cost recovery goals for each program were met. 8. Right of Exclusion The City Manager is authorized to exclude individual programs from the Cost Recovery Policy. Said programs shall be budgeted as approved by the City Council. Said programs shall not be required to meet Cost Recovery requirements and may operate below recovery levels for the program category, or without revenue sources. Policy 6.7: Public Art in New City Public Facilities 1. Purpose The purpose and intent of this policy is to ensure that the City of Moorpark's public facilities include public art as a feature of the exterior or, in some cases, the interior building design. Consideration for the placement and type of public artworks shall be considered during the concept design phase of all new City public facility projects. The Arts Commission (Commission) shall consider placement and type of public art and make a recommendation to the City Council prior to the Council's consideration of the final design concept for the artwork. Artworks are as defined in City of Moorpark Municipal Code, Chapter 17.50.020. 2. Artwork Site Selection Planning Staff shall consult with the Commission during the early stages of new public facility project development regarding site planning and possible placement of artworks. 3. Project Funding, Administration, and Management Costs for each public art project shall be included in the capital improvement budget for each new public facility, as approved by the City Council. Resolution No. 2022-4097 Page 59 The primary source of funding for public art projects at new public facilities shall be the Art in Public Places Fund (Fund) or other sources as authorized by the City Council. This Fund is considered finite since future private developments are limited. Policy 6.8: Authority to Establish Rules, Regulations, Policies, and Procedures for the Operation of City-Sponsored Recreation Programs 1. Purpose The purpose and intent of the City Council in adopting this Policy is to delegate authority for establishing the rules, regulations, policies, and procedures necessary to operate City-sponsored recreation programs. 2. Authority Reserved for City Council Policies, regulations, and procedures which govern the operation of recreation programs as a whole shall be established by City Council resolution, including specific policies within the City Council Policies Resolution and budget appropriations. 3. Authority Delegated to City Manager The City Manager or his/her designee shall have the authority to establish rules and procedures for the operation of individual recreation programs or program categories, as defined in the Recreation Programs and Services Cost Recovery Policy. Adoption or amendment of user fees shall be consistent with applicable state law and City Council policies. 4. Administration and Enforcement The City Manager or his/her designee shall have the authority to administer and enforce all recreation program rules, regulations, policies, and procedures. SECTION 7. POLICIES ADMINISTERED BY PUBLIC WORKS DEPARTMENT Policy 7 .1: Waiver of Street Sweeping Parking Restrictions for Vehicles Displaying Special Identification License Plates or Distinguished Placards for Disabled Persons, and Waiver of Street Sweeping Parking Restrictions on Designated City Holidays or Emergency Orders It is the Council's policy that vehicles displaying special identification license plates or distinguished placards for disabled persons, as defined in the Vehicle Code, shall be exempt from the City's street sweeping parking restrictions. It is also the Council's policy that posted City street sweeping parking restrictions will not be enforced on City holidays designated by resolution of the Council for the closure of City offices or emergency orders issues by the Director of Disaster Services. Resolution No. 2022-4097 Page 60 Policy 7.2: City Public Sidewalk Inspection and Repair Program 1. Inspection: All public sidewalks are to be inspected at least once every 12 to 24 months, and the City Manager shall approve written administrative procedures for a sidewalk inspection and repair program that includes an inspection schedule; inspection requirements that include a deficiency rating system, data collection and documentation requirements; repair solutions; and repair documentation requirements. 2. Maintenance Objective: All public sidewalks shall be maintained in good condition. 3. Repair Priority: An average vertical displacement between sidewalk abutments that is used to evaluate a "trivial defect" is ¾ inch. Any sidewalk defects causing a vertical separation of three-quarters of an inch (3/4") or greater shall be scheduled for repair. Any visible displacement less than ¾ inch shall be documented and evaluated for possible hazards. Repair of a sidewalk deficiency in the vicinity of a sensitive location, such as adjacent to senior housing, a school, or high pedestrian use area shall be prioritized for repair. 4. Repair Solutions: The sidewalk inspection and repair program approved by the City Manager shall include sidewalk repair solutions and procedures. Policy 7.3: Transit Security System Electronic File Retention Pursuant to Public Utilities Code Section 99164 and Government Code Section 34090.8 Pursuant to subdivision (a) of Public Utilities Code Section 99164 and Government Code Section 34090.8, the City Council has adopted the following findings for transit security system electronic file retention: 1. The City has made a diligent effort to identify a transit security system that is capable of storing recorded data for one year. 2. The technology to store recorded transit security data in an economically and technologically feasible manner for one year is not currently available, and such videotapes or recordings shall be preserved for as long as the installed technology allows. 3. The City has purchased and installed the best available technology with respect to storage capacity that is both economically and technologically feasible at this time. 4. The transit security videotapes or recordings that are evidence in any claim filed or any pending litigation shall be preserved until the claim or the pending litigation is resolved. 5. The transit videotapes or recordings that recorded an event that was or is the subject of an incident report shall be preserved until the incident is resolved. Resolution No. 2022-4097 Page 61 Policy 7.4: Crossing Guard Warrant The warrant for the provision of a Crossing Guard at a roadway intersection in the City is as follows: 1. The traffic volume shall be greater than 250 vehicles per hour; 2. At least one of the roadways comprising the intersection shall have a minimum of four travel lanes; and 3. There shall be a minimum of 40 elementary school aged (grade K-5) pedestrians per hour. Policy 7.5: Utility Street Cuts Restricted for Public Streets with New Rubberized, Conventional Asphalt Overlay or Slurry Seal To protect and maintain the integrity and appearance of new overlay pavement on public streets, no utility street cuts will be permitted for a 5-year period following installation of a rubberized asphalt overlay; for a 5-year period following installation of a conventional asphalt overlay; and for a 3-year period following installation of a slurry seal or pavement resurfacing with the exception of a utility street cut for a bona fide emergency, as verified and approved by the City Engineer. In the event an emergency utility trench is approved, the pavement shall be required to be repaved for the entire width of the street (curb to curb or gutter to gutter), for a minimum of 50 feet from both sides of the trench, with pavement material that matches the existing street surface. Policy 7.6: Fee for Cancellation of Parking Citations Relating to Disabled Persons Parking Zones An individual who fails to properly display a distinguishing placard for disabled persons, as defined in Vehicle Code Section 22511.55, and is cited pursuant to the City of Moorpark Municipal Code Section 10.04.180 (Disabled persons parking zones), may request that the City consider the cancellation of said citation. This request may be approved by the City Manager or the City Manager's designee as long as the City Manager or the City Manager's designee is satisfied that a valid and current distinguishing placard was appropriately issued to and should have been displayed by the requesting individual at the time of citation. Should the City Manager or the City Manager's designee approve the request and cancel the citation, no fee shall be applied, providing it is the individual's first such approved request during any consecutive twelve (12) month period. A fee pursuant to Vehicle Code Section 40226 shall be applied if the City Manager or the City Manager's designee approves any subsequent requests, by the same individual, to cancel any citation of the same nature during any consecutive twelve (12) month period. Resolution No. 2022-4097 Page 62 Policy 7.7: Engineering and Grading Policies and Standards In order to ensure that construction of improvements to the built environment are built according to defined engineering and grading standards and practices, the City has developed Engineering and Grading Policies and Standards in compliance with State law and the Moorpark Municipal Code. The Policies and Standards are intended to cover the subject matter areas associated with construction and development to provide direction and clarity to design engineers preparing construction documents for submittal to and approval by the City of Moorpark. The City Council delegates the implementation of Engineering and Grading Policies and Standards to the City Engineer/Public Works Director and authorizes the City Manager or his/her designee to approve changes to the Policies and Standards as necessary from time to time. Policy 7.8: Review of Appealed Parking Citations This policy is intended to be consistent with the applicable requirements in the California Vehicle Code, which shall be controlling. California Vehicle Code (CVC) §40215 and CVC §40230, and as such may be amended from time to time, describe three distinct steps for an individual wishing to appeal a parking citation. The three steps are summarized as follows: 1. The individual may request an initial review of the notice by the issuing agency (the individual then becomes an appellant). 2. If the appellant is not satisfied with the results of the initial review he/she may request an administrative hearing of the violation. 3. If the appellant is not satisfied with the outcome of the administrative hearing he/she may file an appeal through the Ventura County Municipal Court Small Claims Division-Parking Appeals (Court). At any time during the process, the citation can be paid and the issue shall be closed. Late notices issued to appellants who are recorded as being in the process for appealing a citation are suspended until the final outcome has been determined. Any additional procedures for appealing a parking citation in the City may be approved by the City Manager consistent with this policy. Currently, the Public Works Department provides initial review of citations issued by designated City employees. The Moorpark Police Department (Ventura County Sheriff's Office) provides initial review of citations issued by designated Police Department employees. The process for review of appealed parking citations, implementation of the review process, and revisions as needed from time to time is delegated to the City Engineer/Public Works Director. SECTION 8. This Council Policies resolution shall be updated from time to time as needed but not less often than following each General Municipal Election. The revised resolution will be presented to the City Council for review and adoption. Resolution No. 2022-4097 Page 63 SECTION 9 . The City Manager shall have the authority to determine that certain policies and procedures are applicable to appointees, independent contractors, and/or volunteers, such as those who may regularly work on City premises, and may require compliance. SECTION 10 . City Council Resolution No. 2020 -4076 is hereby rescinded . SECTION 11. 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 May, 2022. ~A-Ptl±lnl ~ j niceS.Parvin, Mayor ATTEST: Resolution No . 2022-4097 Page 64 STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK ss. I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2022-4097 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 18th day of May, 2022, and that the same was adopted by the following vote: AYES: NOES: ABSENT : ABSTAIN: Councilmembers Castro, Enegren, Groff, Pollock and Mayor Parvin None None None WITNESS my hand and the official seal of said City this 14th day of June, 2022 . (seal)