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HomeMy WebLinkAboutAGENDA REPORT 2022 0518 CCSA REG ITEM 10ICITY OF MOORPARK, CALIFORNIA City Council Meeting of May 18, 2022 ACTION ADOPTED RESOLUTION NO. 2022-4097, RESCINDING RESOLUTION NO. 2022-4076. (ROLL CALL VOTE: UNANIMOUS) BY A. Hurtado. I. Consider Resolution Adopting a Comprehensive Update to City Council Policies and Rescinding Resolution No. 2022-4076. Staff Recommendation: Adopt Resolution No. 2022-4097 approving a comprehensive update to the City Council’s Policies and rescinding Resolution No. 2022-4076. (ROLL CALL VOTE REQUIRED) (Staff: Ky Spangler, City Clerk) Item: 10.I. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Ky Spangler, City Clerk DATE: 05/18/2022 Regular Meeting SUBJECT: Consider Resolution Adopting a Comprehensive Update to City Council Policies and Rescinding Resolution No. 2022-4076 SUMMARY At its meeting on February 16, 2022, the Council adopted City Council Policy Resolution changes recommended by the Administration, Finance, and Public Safety (AFPS) Standing Committee comprised of Mayor Parvin and Mayor Pro Tem Castro. At that time, it was noted that a comprehensive City Council Policies update was underway, and staff would be returning with additional recommended changes to streamline the policy document. At its meeting on May 11, 2022, the AFPS Standing Committee considered the comprehensive changes and recommended approval of the Policies update with minor changes which were provided to staff, and requested this item be presented to the full City Council for approval at its regular meeting on May 18, 2022. DISCUSSION The AFPS Standing Committee considered updates to the City Council Policies at its meeting on February 2, 2022, which were adopted by the City Council (Resolution No. 2022-4076) on February 16, 2022. The adopted Resolution has undergone further review and staff has made recommendations for additional language updates which include overarching policy statements for existing policies with highly detailed and prescriptive language, and for the transition of sections with detailed policy language into Moorpark Administrative Procedures (MAPs) administered and implemented by the respective departments. The AFPS Standing Committee considered the comprehensive updates to the City Council Policies at its meeting on May 11, 2022. The Committee reviewed each policy and provided comments which have been incorporated into the attached draft resolution which is presented in legislative format. Item: 10.I. 96 Honorable City Council 05/18/2022 Regular Meeting Page 2 The following list recaps staff’s recommendations for maintaining existing policies in the Resolution; maintaining a Policy Statement; or moving the existing policy to a departmental MAP. Staff is seeking City Council approval of AFPS Committee’s recommendation for adoption of the proposed updates and revisions. It should be noted that numbering of Policies will be updated to be sequential in the final, adopted resolution. Section 1 Policies Applicable to City Council or City Council Candidates Policy 1.1: Maintain CC Policy Policy 1.2: Maintain CC Policy Policy 1.3: Maintain CC Policy Policy 1.4: Maintain CC Policy Policy 1.5: Maintain CC Policy Policy 1.6: Maintain CC Policy Policy 1.7: Maintain CC Policy Policy 1.8: Maintain CC Policy Policy 1.9: Maintain CC Policy Policy 1.10: Maintain CC Policy Policy 1.11: Maintain CC Policy Policy 1.12: Maintain CC Policy Policy 1.13: New Policy (language relocated from Section 5.1.4) Section 2 Policies Administered by the City Manager’s Office and City Clerk Policy 2.1: Maintain CC Policy Policy 2.2: Maintain CC Policy Policy 2.3: Maintain CC Policy and add language previously in Section 5.1.5 Policy 2.4: Maintain CC Policy; language changes requested by staff; additional minor changes by AFPS Committee Policy 2.5: Maintain CC Policy Policy 2.6: Maintain CC Policy Statement – Move detailed procedure to MAP Policy 2.7: Maintain CC Policy Statement – Move detailed procedure to MAP Policy 2.8: Remove from CC Policies – Move to MAP Policy 2.9: Remove from CC Policies – Move to MAP Policy 2.10: Remove from CC Policies – Move to MAP Policy 2.11: Remove from CC Policies – Move to MAP Policy 2.12: Maintain CC Policy Policy 2.13: Remove from CC Policies – Move to MAP Policy 2.14: Remove from CC Policies – Move to MAP Policy 2.15: Maintain CC Policy Statement – Move detailed procedure to MAP Policy 2.16: Remove from CC Policies – Move to MAP Policy 2.17: Maintain CC Policy Statement – Move detailed procedure to MAP Policy 2.18: Maintain CC Policy Statement – Move detailed procedure to MAP Policy 2.19: Remove from CC Policies – Move to MAP Policy 2.20: Policy to be updated by City Attorney/Public Information Officer Policy 2.21: Remove from CC Policies – Move to MAP 97 Honorable City Council 05/18/2022 Regular Meeting Page 3 Section 3 Policies Administered by City Manager’s Office Policy 3.1: Remove from CC Policies – Move to MAP Policy 3.2: Maintain portions of CC Policy – Ord. No. 466 (2018) gave settlement authority Policy 3.3: Maintain CC Policy Policy 3.4: Remove from CC Policies – Move to MAP Policy 3.5: Move to Community Development Section Policy 3.6: Remove from CC Policies – Move to MAP Policy 3.7: Maintain CC Policy Policy 3.8: Maintain CC Policy Policy 3.9: Maintain CC Policy Policy 3.10: Maintain CC Policy Statement – MAP-56 includes procedures Policy 3.11: Remove from CC Policies – Move to MAP Section 4 Policies Administered by Community Development Department Policy 4.1: Maintain CC Policy Policy 4.2: Remove from CC Policies – Move to MAP Policy 4.3: Maintain CC Policy Statement – Move detailed procedure to MAP Policy 4.4: Maintain CC Policy Policy 4.5: Remove from CC Policies – Move to MAP as part of Code Compliance Program Policy 4.6: Maintain CC Policy Policy X.X: Maintain CC Policy Statement – Move detailed procedure to MAP (moved from City Manager Section 3 to Community Development; will be numbered when final policies are adopted) Section 5 Policies Administered by Finance Department Policy 5.1: Remove from CC Policies – Move to MAP; relocation language to add New Policy to Section 1 for Council Travel Reimbursement; relocated language to Policy 2.3 for Mileage Reimbursement for City Council appointees Policy 5.2: Maintain CC Policy Policy 5.3: Remove from CC Policies – Ord. No. 466 (2018) repealed MMC 3.12 Policy 5.4: Remove from CC Policies – Move to MAP Policy 5.5: Maintain CC Policy Policy 5.6: Maintain portions of CC Policy – Move detailed procedure to MAP Policy 5.7: Maintain portions of CC Policy – Move detailed procedure to MAP Policy 5.8: Maintain CC Policy Policy 5.9: Remove from CC Policies Policy 5.10: Maintain CC Policy 98 Honorable City Council 05/18/2022 Regular Meeting Page 4 Section 6 Policies Administered by Parks, Recreation and Community Services Department Policy 6.1: Maintain portions of CC Policy with language changes (per AFPS Committee direction, language changes have been reviewed and approved by the City Attorney) – Move detailed procedure to MAP Policy 6.2: Maintain CC Policy (will be updated in the future to add Facility and Structure naming policy) Policy 6.3: Remove from CC Policies – Move to MAP Policy 6.4: Maintain CC Policy Statement – Move detailed procedure to MAP Policy 6.5: Remove from CC Policies – Move to MAP Policy 6.6: Maintain CC Policy Statement – Move detailed procedure to MAP Policy 6.7: Maintain CC Policy Policy 6.8: Remove from CC Policies – Move to MAP Policy 6.9: Remove from CC Policies – Move to MAP (Program will be broadened) Policy 6.10: Remove from CC Policies (Operating Agreement entered into in 2018) Policy 6.11: Maintain CC Policy Policy 6.12: Maintain CC Policy; language changes recommended by Committee Policy 6.13: Maintain CC Policy Policy 6.14: Remove from CC Policies – Move to MAP Policy 6.15: Remove from CC Policies – Move to MAP Policy 6.16: Remove from CC Policies – Move to MAP Policy 6.17: Remove from CC Policies – Move to MAP Policy 6.18: Remove from CC Policies – Move to MAP Policy 6.19: Remove from CC Policies – Move to MAP Policy 6.20: Remove from CC Policies – Move to MAP Section 7 Policies Administered by Public Works Department Policy 7.1: Maintain CC Policy Policy 7.2: Maintain CC Policy; language changes requested Policy 7.3: Maintain CC Policy Policy 7.4: Maintain CC Policy Policy 7.5: Maintain CC Policy; language changes requested Policy 7.6: Maintain CC Policy Policy 7.7: Maintain CC Policy Statement – Move detailed procedure to MAP Policy 7.8: Maintain CC Policy Statement – Move detailed procedure to MAP FISCAL IMPACT None. 99 Honorable City Council 05/18/2022 Regular Meeting Page 5 COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) Adopt Resolution No. 2022-____ approving a comprehensive update to the City Council’s Policies and rescinding Resolution No. 2022-4076. Attachment: Draft Resolution 2022-____ (in legislative format) 100 RESOLUTION NO. 2022-4076____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING REVISED COUNCIL POLICIES AND RESCINDING RESOLUTION NO. 2019-38512022- 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. 2019-38512022-4076 on September 18, 2019February 16, 2022, and at the regular February 16May 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. 2019-38512022-4076 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: Information to be Provided to Official City Council Candidates (Councilmember and Mayor) Policy 1.2: City Council Standing Committees Policy 1.3: City Council Comments on Development Projects before the Planning Commission Policy 1.4: City Council Use of City Website Policy 1.5: City Council Use of City Computers and City Email Accounts for all City Business Communications Policy 1.6: City Council Credit Card Use Policy 1.7: City Council Use of City Pool Vehicles Policy 1.8: City Council Cellular Telephone Policy 1.9: City Council Completion of City Manager Evaluation Policy 1.10: City Council Identification Badges and Picture Identification Card Policy 1.11: City Council Restrictions on the Use of Mass Mailings Policy 1.12: City Councilmember and Office of Mayor Candidates Campaign Advertising Prohibited in Any City Sponsored Publication Policy 1.13 City Council Meeting, Training, and Conference, Expense Reimbursement SECTION 2. POLICIES ADMINISTERED BY THE CITY MANAGER’S OFFICE/CITY CLERK Policy 2.1: City Clerk Records Destruction Approval Authority Policy 2.2: Advertising and Appointment Procedures for Appointments to Boards, Commissions, and Committees Policy 2.3: Reports from Appointees and Mileage Reimbursement for Attendance Policy 2.4: Ethics Training ATTACHMENT 101 Resolution No. 2022-4076 Page 2 Policy 2.5: Conflict of Interest Opinions and Appraisals Policy 2.6: Policy against Harassment, Discrimination, and Retaliation Policy 2.7: Drug-Free Workplace Policy 2.8: Drug and Alcohol Testing Regulations for Employees that are Drivers of Commercial Vehicles Policy 2.9: Employee, Contract Staff, Consultant, and Volunteer Letters of Recommendation and Background Check Response Policy 2.10: Employee Anniversary Recognition Program Policy 2.11: City Payment for Employee Recognition at the Time of Retirement from the California Public Employees Retirement System (CalPERS) Policy 2.12: Procedure for Filing a Complaint against a City Employee or Contract Staff Policy 2.13: Americans with Disabilities Act/Section 504 of Rehabilitation Act Complaint and Grievance Procedure Policy 2.14: City Wireless Internet Network Policy 2.15: City Website Content and External Links Policy 2.16: Process for Preparation of Initial Drafts of Ordinances by City Departments Policy 2.17: Gift and Honoraria Regulations for City Employees Policy 2.18: Employment of Family Members Policy 2.19: Personal Social Media Use by City of Moorpark (“City”) Employees and Employees of City Contractors Policy 2.20 Social Media Use by Members of City Council and City Commissions/Boards Policy 2.21: Waste Reduction and Recycled-Content Product Procurement Practices SECTION 3. POLICIES ADMINISTERED BY CITY MANAGER’S OFFICE Policy 3.1: City Manager Approval of Cellular Telephone Reimbursement for Designated Competitive Service Employees Policy 3.2: 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, and Authorization for City Manager to Allow, Settle and/or Compromise any Claim Filed against the City Having a Value Not to Exceed $50,000.00 Policy 3.3: Authorization for City Manager to Approve Reduction and/or Exoneration of a Surety with a Value Not to Exceed $10,000.00 Policy 3.4: Pre-Qualification of Bidders Policy 3.5: First-Time Home Buyer Affordable Housing Program Policy 3.6: Appointment of Personnel Officer Policy 3.7: Distribution, Use, and Reporting of Tickets or Passes Given to City Policy 3.8: Right-of-Way Acquisition Process Policy 3.9: Authorization for City Manager to Approve Employment Agreements and Retirement Incentive or Separation Settlement Agreements Policy 3.10: Safe Harbors Adoption and the Affordable Care Act (ACA) Policy 3.11 Payment Arrangement Policy SECTION 4. POLICIES ADMINISTERED BY COMMUNITY DEVELOPMENT DEPARTMENT Policy 4.1: Temporary Use Permit Fee Waivers Policy 4.2: Refunds for Business Registration 102 Resolution No. 2022-4076 Page 3 Policy 4.3: Code Compliance Program Policy 4.4: Street Naming Policy 4.5: Enforcement of Section 8.14.140 (Prohibition Against Maintaining Graffiti on Private Property) of the Moorpark Municipal Code on Properties Maintained for Single-Household and Two-Household (Duplex) Residential Use Policy 4.6: Designation of Community Events per Health and Safety Code Section 113755 Policy X.X: First-Time Home Buyer Affordable Housing Program SECTION 5. POLICIES ADMINISTERED BY FINANCE DEPARTMENT Policy 5.1: Meeting, Training, Conference, and Professional Association Membership Expense Reimbursement Policy 5.2: General Fund Balance Reserve Policy 5.3: Authorization for the Issuance and Countersigning of Warrants Pursuant to Chapter 3.12 of the Moorpark Municipal Code and Wire Transfer Authority Policy 5.4: Accounts Receivable Collection Policy 5.5: Landscape and Lighting Assessment District Capital Reserve Fund Balance Policy 5.6: City Treasurer, Investments, and Cash Handling Policy 5.7: Annual Review of Fee Resolutions and Authorization for Fee Modification and Waiver Policy 5.8: Fund Balance Reporting as Required by Governmental Accounting Standards Board Statement No. 54 (GASB) Policy 5.9: Credit Card Acceptance and Processing Policy 5.10 Debt Management Policy SECTION 6. POLICIES ADMINISTERED BY PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT Policy 6.1: Flag Etiquette Policy 6.2: Park Naming Policy 6.3: Active Adult Center Annual MeetingPolicy 6.4: Active Adult Center Standards of Conduct for City Recreation Facilities Policy 6.5: Community Services Recreation and Active Adult Program Cancellation and Withdrawal Policy 6.6: Teen Council Policy 6.7: Allocation of Park Improvement Fee Payments Policy 6.8: Ban on Use of Anti-coagulant Rodenticides for City Landscape Maintenance Agreements Policy 6.9: Youth Scholarship Program Policy 6.10: High Street Arts Center Ticket Donation and Discounting Policy Policy 6.11: Recreation and Active Adult Programs and Services Cost Recovery Policy Policy 6.12: Public Art in New City Public Facilities Policy 6.13 Authority to Establish Rules, Regulations, Policies, and Procedures for the Operation of City-Sponsored Recreation Programs Policy 6.14: Contract Instructor Policy Policy 6.15: City Event Vendor Policy Policy 6.16: Moorpark City Library Materials Selection 103 Resolution No. 2022-4076 Page 4 Policy 6.17: Moorpark City Library Internet and Computer Use and Patron Agreement Policy 6.18: Moorpark City Library Circulation Policy 6.19: Moorpark City Library Standards of Conduct Policy 6.20: Moorpark City Library 3D Printer Policy 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 Policy 7.2: City Public Sidewalk Maintenance and Repair Policy 7.3: Transit Security System Electronic File Retention Pursuant to Public Utilities Code Section 99164 and Government Code Section 34090.8 Policy 7.4: Crossing Guard Warrant Policy 7.5: Utility Street Cuts Restricted for Public Streets with New Rubberized and Conventional Asphalt Overlay Policy 7.6: Fee for the Cancellation of Parking Citations Relations to Disabled Persons Parking Zones Policy 7.7: Engineering and Grading Policies and Standards Policy 7.8: 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. 104 Resolution No. 2022-4076 Page 5 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 (BRAC) 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 (CIP) 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. 105 Resolution No. 2022-4076 Page 6 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. 106 Resolution No. 2022-4076 Page 7 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. 107 Resolution No. 2022-4076 Page 8 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. 108 Resolution No. 2022-4076 Page 9 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 109 Resolution No. 2022-4076 Page 10 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 (j) 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. 110 Resolution No. 2022-4076 Page 11 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. 111 Resolution No. 2022-4076 Page 12 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 (DMV) 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 112 Resolution No. 2022-4076 Page 13 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 113 Resolution No. 2022-4076 Page 14 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 114 Resolution No. 2022-4076 Page 15 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 consistent with the provisions of Policy 5.1, Sections 2.D, 2.E, and 2.F. 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 (examples are listed in Policy 5.1, Section 2.G.). 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. 115 Resolution No. 2022-4076 Page 16 E. If a reimbursement rate for travel, meals, lodging and other actual and necessary expenses is not specifically identified in this policy, then the 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 116 Resolution No. 2022-4076 Page 17 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 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 117 Resolution No. 2022-4076 Page 18 Clerk shall schedule the presentations for the applicants for Library Board at a 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 118 Resolution No. 2022-4076 Page 19 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. 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, 119 Resolution No. 2022-4076 Page 20 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. All City management staff shall be required to either attend ethics training scheduled by the City Clerk, or complete authorized internet training, and obtain a certification of completion once every odd numbered calendar year. In addition to City management staff, the City Manager may designate other City employees and/or contract staff that will also be required to attend ethics training. 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. Prior to or following election or appointment as applicable, tThe 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 120 Resolution No. 2022-4076 Page 21 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. 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 121 Resolution No. 2022-4076 Page 22 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. 1. Purpose and Policy. A. Purpose. The City of Moorpark is committed to providing a work environment which is free of harassment or discrimination because of sex; gender; gender identity or expression; sexual orientation; genetic characteristics or information; race; color; national origin; ancestry; religious creed; physical or mental disability; medical condition; pregnancy, childbirth, breastfeeding, or related medical conditions; marital status; military or veteran status; age; victim of domestic violence, sexual assault, or stalking; or any basis protected by applicable federal, state, or local law. The City is also committed to providing a work environment free from retaliation because of opposition by an employee, unpaid intern, or volunteer to unlawful harassment or discrimination or because of participation in an employment discrimination or harassment investigation, proceeding, or hearing. In keeping with this commitment, this Policy strictly prohibits harassment, discrimination, and retaliation of this nature. Behavior or actions which result in or establish an environment of such harassment, discrimination, or retaliation are strictly prohibited. B. Policy. This policy applies to all employees, unpaid interns, and volunteers of the City and hereinafter, the use of the word “employee” in this policy is intended to also include an unpaid intern or volunteer, as appropriate and for purposes of this policy only. The training requirements of this policy are also intended to apply to local agency officials as required by Government Code Section 53237 et seq. The City maintains a strict policy prohibiting all types of harassment or discrimination because of sex; gender; gender identity or expression; sexual orientation; genetic characteristics or information; race; color; national origin; ancestry; religious creed; physical or mental disability; medical condition; pregnancy, childbirth, breastfeeding, or related medical conditions; marital status; military or veteran status; age; victim of domestic violence, sexual assault, or stalking; or any basis protected by applicable federal, state, or local law. The City also maintains a strict policy prohibiting retaliation because of an employee’s opposition to unlawful harassment or discrimination or participation in an employment discrimination or harassment investigation, proceeding, or hearing. All such harassment, discrimination, or retaliation is prohibited. This policy applies to all employees involved in the operations of the City and prohibits harassment by any employee of the City including supervisors, managers, co-workers, volunteers, local agency officials as defined by Government Code Section 53237(b), and by anyone 122 Resolution No. 2022-4076 Page 23 doing business with the City (including third parties with any administrative, business, enforcement, service or professional relationship with the City). If harassment or alleged harassment occurs on the job by someone not employed by the City, the applicable procedures in this policy should be followed as if the harasser were an employee of the City. 2. Definitions. A. Discrimination. Discrimination is any action or conduct by which an employee is treated differently or less favorably than other employees similarly situated to him/her for the sole reason that he/she is a member of a legally protected category, such as sex; gender; gender identity or expression; sexual orientation; genetic characteristics or information; race; color; national origin; ancestry; religious creed; physical or mental disability; medical condition; pregnancy, childbirth, breastfeeding, or related medical conditions; marital status; military or veteran status; age; victim of domestic violence, sexual assault, or stalking; or any basis protected by applicable federal, state, or local law. For example, it would be discrimination for an individual to be denied employment or terminated from employment because that individual has a disability or is 40 years of age or older. B. Harassment. Harassment is unwelcome verbal, visual, or physical conduct that creates an intimidating, offensive, or hostile work environment or that interferes with work performance when such conduct is based on an employee’s sex; gender; gender identity or expression; sexual orientation; genetic characteristics or information; race; color; national origin; ancestry; religious creed; physical or mental disability; medical condition; pregnancy, childbirth, breastfeeding, or related medical conditions; marital status; military or veteran status; age; victim of domestic violence, sexual assault, or stalking; or any basis protected by applicable federal, state, or local law. Such conduct constitutes harassment when: 1) Submission to the conduct is made either an explicit or implicit condition of employment; 2) Submission to or rejection of the conduct is used as the basis for an employment decision; or 3) The harassment unreasonably interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment. C. Harassment Examples. Harassing conduct can take many forms and includes, but is not limited to, slurs, jokes, statements, gestures, pictures, computer images, or cartoons regarding an employee’s sex; gender; gender identity or expression; sexual orientation; genetic characteristics or information; race; color; national origin; ancestry; religious creed; physical or mental disability; medical condition; pregnancy, childbirth, breastfeeding, or 123 Resolution No. 2022-4076 Page 24 related medical conditions; marital status; military or veteran status; age; victim of domestic violence, sexual assault, or stalking; or any basis protected by applicable federal, state, or local law. D. Sexual Harassment. 1) Sexual harassment is unwanted sexual advances; requests for sexual favors; or visual, verbal or physical conduct of a sexual nature when: a) Submission to such conduct is made a term or condition of employment; or b) Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or c) Such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive working environment. 2) This definition includes many potential forms of offensive behavior. The following is a list of some examples: a) Unwanted sexual advances. b) Offering employment benefits in exchange for sexual favors. c) Making or threatening reprisals after a negative response to sexual advances. d) Visual conduct: leering, making sexual gestures, or displaying of sexually explicit jokes. e) Verbal sexual advances or propositions. f) Verbal abuse of a sexual nature, graphic verbal commentary about an individual’s body or dress, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations. g) Physical conduct: touching, assault, impeding or blocking movements. h) Retaliation for threatening to or reporting harassment. i) Sexual harassment can occur between members of the same or opposite sex. Sexual harassment on the job is unlawful whether it involves co-worker harassment, harassment by a supervisor or manager, harassment by a local agency official 124 Resolution No. 2022-4076 Page 25 (reference Government Code Section 53237), or harassment by anyone doing business with or for the City. E. Supervisor. Any employee having authority to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or to effectively recommend that action, if, in connection with the foregoing, the exercise of that authority is not merely of a routine or clerical nature, but requires the use of independent judgment. 3. Mandatory Training. A. All Employees. A copy of this Policy will be given to all employees of the City on the first day of employment, and acknowledgment will be required as described in Section 10 of this Policy. This Policy shall be redistributed to all employees following any amendment action, and acknowledgment will be required as described in Section 10. B. Supervisory Employees. 1) All supervisors will be trained once every two (2) years, as scheduled by the City’s Human Resources Division, on matters relating to the prevention, reporting, and investigation of harassment, discrimination, and retaliation. Further, individuals appointed to supervisory positions from a non-supervisory position or as a new employee shall receive training within six (6) months of their hiring or assumption of the supervisory position. 2) Supervisory training will last for a minimum of two (2) hours. 3) Supervisory training will be conducted in a classroom, online or other interactive setting and will, at a minimum, cover the following topics: a) Information and practical guidance regarding federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment; b) Information about the remedies available to victims of sexual harassment in employment; c) Practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation; and d) Information on prevention of abusive conduct as defined in Section 12950.1(g)(2) of the Government Code. C. Local Agency Officials 125 Resolution No. 2022-4076 Page 26 1) Consistent with Government Code Section 53237.1, if a local agency provides any type of compensation, salary, or stipend to a local agency official of that agency, then all local agency officials of that agency shall receive sexual harassment prevention training and education pursuant to the requirements of Section 53237 et seq. For the City of Moorpark, this sexual harassment prevention training requirement applies to the City Council, Planning Commission, Parks and Recreation Commission, Arts Commission, Library Board, and any local agency official receiving any type of compensation, salary, or stipend from the City of Moorpark. 2) Each local agency official shall receive at least two (2) hours of sexual harassment prevention training and education within the first six months of taking office or from the date of appointment, as applicable, and every two (2) years thereafter. Training may be scheduled more frequently than required by Government Code Section 53237 et seq., as may be approved by the City Council to facilitate group training arrangements. The training curricula shall satisfy the requirements of Government Code Section 53237.1. 3) The City Clerk shall provide a written recommendation to each local agency official on training available to meet the requirements of Government Code Section 53237 et seq. prior to a local agency official assuming a new position and every two years thereafter. The City Clerk shall maintain the training records required by Government Code Section 53237 et seq. Appointed local agency officials who fail to complete the sexual harassment prevention 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. 4) Supervisory employees may attend the local agency official sexual harassment prevention training at the discretion of the City Manager, if the training curricula is consistent with the supervisory employees training required by law and as described in Section 3.B of this policy. 4. Preventing Harassment and Discrimination. The City’s complaint procedure provides for a prompt, thorough and objective investigation of every harassment or discrimination claim, appropriate disciplinary action against one found to have engaged in unlawful harassment or discrimination, and appropriate remedies to any victim of harassment or discrimination. The City reserves the right to address conduct that violates this policy or that may lead to unlawful harassment, discrimination, or retaliation before the conduct actually becomes unlawful. Employees should follow the following procedure to notify the City of alleged harassment and/or discrimination: 126 Resolution No. 2022-4076 Page 27 A. Submitting a Complaint. Employees who believe they have been harassed or discriminated against on the job, including by local agency officials or persons doing business with or for the City, must provide a verbal or written complaint to his/her supervisor, department head, Personnel Officer, Human Resources Manager, or the City Manager as soon as possible. If the reported conduct involves a person in the employee’s direct chain of command or if for any reason the employee feels uncomfortable making a report to his/her direct supervisor or department head, the report must be made to the Personnel Officer, Human Resources Manager, or the City Manager. If the complaint involves the City Manager, the complaint shall be reported to the Personnel Officer or in his/her absence, directly to the City Attorney. Complaints regarding the City Manager will be forwarded by the Personnel Officer or City Attorney to the City Council for consideration during closed session. Complaints regarding a member of the City Council or other local agency official must be reported to the City Manager or the City Attorney. The complaint should include details of the incident(s), names of individuals involved, and the names of any witnesses. Supervisors and/or department heads must immediately refer all harassment and discrimination complaints to the Personnel Officer, Human Resources Manager, or City Manager. B. Investigation of Complaints. All incidents of alleged harassment and discrimination that are reported must be investigated. The City will undertake and/or direct a prompt, thorough, and objective investigation of the harassment or discrimination allegations. The City Manager will determine who will conduct the investigation on behalf of the City, unless this decision is delegated to the City Attorney. The individual designated by either the City Manager or City Attorney will be responsible for assuring a prompt, thorough and objective investigation, but may delegate individual tasks other than the overall responsibility. The investigation will be completed and a determination regarding the harassment or discrimination alleged will be made and communicated to the employee(s) who complained and the accused harasser(s). If the City determines that harassment or discrimination has occurred, the City will take effective remedial action commensurate with the circumstances. Appropriate action will also be taken to deter any future harassment or discrimination. If a complaint of harassment or discrimination is substantiated for an employee, appropriate disciplinary action will be taken, up to and including termination of employment. The City Attorney will advise the City Council on the appropriate action if a complaint of harassment or discrimination is substantiated for a local agency official. The City will also take appropriate action to remedy any loss to the employee resulting from the harassment or discrimination. The City Attorney’s office will notify the complainant in writing regarding action taken against the person responsible for the harassment or discrimination. The City Attorney’s office will also instruct the complainant to immediately report recurring or continuing harassment, discrimination, or retaliation. 127 Resolution No. 2022-4076 Page 28 C. Employees may be placed on a paid administrative leave during an investigation until the conclusion of discrimination or harassment investigation. D. All employees should note that the failure to use the City’s complaint procedure pursuant to this Policy may have an adverse effect on any adjudication of that complaint. E. If a complaint is found to be a malicious false accusation, the employee who brought forth the complaint will be subject to disciplinary action. 5. Confidentiality. The City will take all reasonable steps available to maintain the confidentiality of all complaints of harassment and discrimination as well as all information gathered during the investigation; however, the City cannot guarantee absolute confidentiality as disclosure of information is necessary to complete the investigation or based on due process rights. Employees involved in the investigation of harassment or discrimination complaints may be admonished by the City to keep information related to the investigation confidential, only to the extent this is required to protect witnesses, protect evidence from being destroyed, prevent testimony from being fabricated, or there is a need to prevent a cover up. Anonymous complaints will be taken seriously and investigated; however, the ability to investigate or the extent of the investigation may be limited by the inability to follow-up with the complaining party. A person other than the person(s) who was (were) the target of the alleged harassment or discrimination may make a complaint. 6. Employee’s Duty to Disclose Benefits Received. Employees are hereby informed that no supervisor, manager, local agency official, or other person or entity doing business with the City, is authorized to expressly or impliedly condition the receipt or denial of any benefit, compensation, or other term or condition of employment on an employee’s consent to any sexual demand. To the contrary, all employees are instructed that they must refuse such demands and report them promptly either to his/her supervisor, department head, Personnel Officer, Human Resources Manager, or City Manager. Any employee making such a demand will be subject to discipline. 7. Anti-Retaliation Policy. The City prohibits retaliation against any employee because of the employee’s opposition to a practice the employee reasonably believes to constitute employment discrimination or harassment; or because of the employee’s participation in an employment discrimination or harassment investigation, proceeding, or hearing. Any retaliatory adverse action because of such opposition or participation will not be tolerated; and may also be unlawful. A. Examples of Opposition. Opposition to perceived harassment or discrimination includes, but is not limited to, threatening to file or filing harassment and/or discrimination complaint with the Equal Employment Opportunity Commission (“EEOC”), the Department of Fair Employment and Housing (“DFEH”), union or court, or complaining or protesting about alleged harassment or discrimination to a supervisor, manager, co-worker or other 128 Resolution No. 2022-4076 Page 29 official. Opposition also includes a complaint or protest made on behalf of another employee or made by the employee’s representative. B. Examples of Participation. The City will not tolerate retaliation against any individual because he/she has filed a charge, testified, assisted, or participated in any manner in an investigation, proceeding, hearing or litigation under federal or state harassment or discrimination statutes or at other hearings regarding protected employee rights, such as an application for unemployment benefits. The City also prohibits retaliation against somebody closely related to or associated with the employee exercising such rights. C. Examples of Adverse Actions. For purposes of this Policy, an adverse action can include, but is not limited to, the following acts, when the act is taken because of the employee’s opposition to harassment or discrimination, or because of the employee’s participation in an employment discrimination or harassment investigation, proceeding, or hearing: disciplinary actions, negative performance evaluations, undesirable transfer, undesirable assignments, negative comments, unwarranted criticism, actions that harm the employee outside the workplace, undesirable change in benefits, undesirable change in work schedule, unwarranted exclusion from meetings or events, or undesirable change in work duties. D. The City’s Complaint Procedure. The City’s complaint procedure provides for a prompt, thorough and objective investigation of any claim of retaliation because of opposition to alleged discrimination or harassment, or participation in a proceeding regarding alleged discrimination or harassment. Employees who believe that they have been retaliated against because of their opposition to an employment practice which they reasonably believe to be discriminatory harassing, or because of their participation in a hearing or proceeding regarding alleged harassment or discrimination should follow the following procedure to notify the City of retaliation: 1) Submitting a Complaint. Employees who believe they have been retaliated against because of opposition to alleged discrimination or harassment, or participation in a proceeding regarding alleged discrimination or harassment, must provide a verbal or written complaint to his/her supervisor, department head, Personnel Officer, Human Resources Manager, or the City Manager as soon as possible. If the reported conduct involves a person in the employee’s direct chain of command, or if for any reason the employee feels uncomfortable making a report to his/her supervisor or department head, the report must be made to the Personnel Officer, Human Resources Manager, or the City Manager. If the complaint involves the City Manager, the complaint should be reported to the Personnel Officer, or in his/her absence, directly to the City Attorney. Complaints regarding the City Manager will be forwarded by the Personnel Officer or City Attorney to the City Council for consideration during closed 129 Resolution No. 2022-4076 Page 30 session. Complaints regarding a member of the City Council or other local agency official must be reported to the City Manager or the City Attorney. The complaint should include details of the incident(s), names of individuals involved, and the names of any witnesses. Supervisors and/or department heads must immediately refer all retaliation complaints to the Personnel Officer, Human Resources Manager, or City Manager. 2) Investigation of Complaints. All complaints of prohibited retaliation which are reported to the City will be investigated. The City will undertake and/or direct a prompt, thorough and objective investigation of the retaliation allegations. The City Manager will determine who will conduct the investigation on behalf of the City, unless this decision is delegated to the City Attorney. The individual designated by either the City Manager or City Attorney will be responsible for assuring a prompt, thorough and objective investigation, but may delegate individual tasks other than the overall responsibility. The investigation will be completed and a determination regarding the alleged retaliation will be made and communicated to the employee who complains and to the person(s) accused of retaliation. 3) If the City determines that an individual has suffered adverse action in retaliation for opposition to alleged harassment or discrimination, or participation in a proceeding related to alleged harassment or discrimination, the City will take effective remedial action appropriate to the circumstances. The City will also take action to deter any future retaliation. If a complaint of unlawful retaliation is substantiated for an employee, appropriate disciplinary action will be taken, up to and including termination of employment. The City Attorney will advise the City Council on the appropriate action if a complaint of harassment, discrimination, or retaliation is substantiated for a local agency official. The City Attorney’s office will notify the complainant in writing regarding action taken against the person responsible for the retaliation. The City Attorney’s office will also instruct the complainant to immediately report recurring or continuing harassment, discrimination, or retaliation. 4) Employees may be placed on a paid administrative leave during an investigation until the conclusion of a retaliation investigation. 5) All employees should note that the failure to use the City’s complaint procedure may have an adverse effect on any claim under this Policy if such claims are litigated. 6) If a complaint is found to be a malicious false accusation, the employee who brought forth the complaint will be subject to disciplinary action. 130 Resolution No. 2022-4076 Page 31 E. Confidentiality. The City will take all reasonable steps available to maintain the confidentiality of all complaints of retaliation as well as all information gathered during the investigation; however, the City cannot guarantee absolute confidentiality as disclosure of information is necessary to complete the investigation or based on due process rights. Employees involved in the investigation of harassment or discrimination complaints may be admonished by the City to keep information related to the investigation confidential, only to the extent this is required to protect witnesses, protect evidence from being destroyed, prevent testimony from being fabricated, or there is a need to prevent a cover up. Anonymous complaints will be taken seriously and investigated; however, the ability to investigate or the extent of the investigation may be limited by the inability to follow-up with the complaining party. A person other than the person(s) who was (were) the target of the alleged harassment or discrimination may make a complaint. 8. Additional Enforcement Information. In addition to the City’s internal complaint procedure, employees should also be aware that the federal Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH) investigate and prosecute complaints of harassment, discrimination, and/or retaliation in employment. You can contact the EEOC as follows: Los Angeles District Office, 255 East Temple, 4th Floor, Los Angeles, California 90012; 800-669-4000. You can contact the DFEH as follows: Los Angeles Office, 320 West Fourth Street, 10th Floor, Los Angeles, California 90013; 800-884-1684. Additional information can be found on the EEOC’s website (www.eeoc.gov) and/or the DFEH’s website (www.dfeh.ca.gov). 9. Documentation. All harassment, discrimination, and retaliation complaint investigations and corrective actions shall be documented by the Human Resources/Risk Management Division and/or City Attorney. The documentation shall include a summary of the investigation and an explanation of the appropriateness of the corrective actions. All related files shall be retained by the Human Resources Division until such time as file destruction is approved by the City Council in accordance with records retention requirements. A record of a harassment complaint will not be included in an employee's personnel file if the complaint is found to be unwarranted or a false accusation after conducting an investigation. 10. Employee, Unpaid Intern, Volunteer, Local Agency Official, and Contractor Acknowledgment of Receipt of Policy against Harassment, Discrimination, and Retaliation. All employees and unpaid interns shall be given a copy of this Policy on the first day of employment or work for the City, shall be given the time to read the Policy during their orientation meeting, and shall be required to sign a form acknowledging the following: I acknowledge receipt of the City of Moorpark Policy against Harassment, Discrimination, and Retaliation. I understand that it is my responsibility to read, understand, and comply with this Policy and the standards of conduct referenced and contained in this Policy. I further 131 Resolution No. 2022-4076 Page 32 understand that if I have any questions regarding the Policy, I can discuss these questions with or submit any questions in writing to the City’s Human Resources Manager (805-517-6238) or Personnel Officer (805-517-6213). All local agency officials shall be provided a copy of the City of Moorpark Policy against Harassment, Discrimination, and Retaliation by the City Clerk and shall be required to sign and return to the City Clerk a form acknowledging that the Policy has been received and read within two (2) weeks following election certification or appointment as applicable. The City Manager or his/her designee may determine that certain volunteers and contractors shall also be required to receive, read, and acknowledge receipt of the City of Moorpark Policy against Harassment, Discrimination, and Retaliation. This Policy shall be redistributed to all employees, unpaid interns, local agency officials, and applicable volunteers and contractors following any amendment, and no less than once every two (2) years, with reading and receipt acknowledgment required as described above. 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. 1. General Policy: It is the goal of the City of Moorpark (“City”) to create a healthy and safe work environment in order to deliver the best and most cost-efficient municipal service. 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. Substance abuse has been found to be a contributing factor to absenteeism, substandard performance, increased potential for accidents, poor morale, and impaired public relations. It is the goal of this policy to prevent substance abuse in the workplace. Employees cannot be under the influence of drugs and alcohol, including marijuana and prescription medications, in the workplace. Employees must take all reasonable steps to abide by and cooperate in the implementation and enforcement of this 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 132 Resolution No. 2022-4076 Page 33 necessary to achieve the goal of eliminating substance abuse in the workplace. This policy applies to all City employees. Certain City employees are also subject to the Omnibus Transportation Employee Testing Act of 1991 (Pub. L. No. 102-143, 105 Stat. 952), which requires alcohol and drug testing of safety-sensitive transportation employees who are required to have a commercial driver’s license (49 CFR Parts 40, 382, as amended). In order to comply with the Department of Transportation regulations, the City has developed specific guidelines regarding when and how drug-alcohol testing will occur, as well as provisions on rehabilitative services available to all covered employees. The specific guidelines for employees who are required to have a commercial driver’s license are set forth in Policy 2.8. 2. Definitions: A. Alcohol: Any liquid containing ethyl alcohol (ethanol). B. Applicant: Any person applying for employment with the City who has been extended a conditional offer of employment. C. Controlled Substance: Any drug that is classified by the Drug Enforcement Administration into the five schedules or classes on the basis of their potential for abuse, accepted use, and accepted safety under medical supervision. D. Drug(s): Legal and/or illegal drugs, as defined herein. E. Illegal Drug: A controlled substance; a legal drug which has not been legally obtained; or a legal drug which was legally obtained, but that is being sold or distributed unlawfully. F. Legal Drug: Any drug, including any prescription drug or over the counter drug, that has been legally obtained and that is not unlawfully sold or distributed. G. Recreational/Adult Use and Medicinal Cannabis: The City of Moorpark recognizes that the State of California has legalized the use of cannabis for recreational and certain medical uses. However, in accordance with federal and state law, the City of Moorpark treats cannabis the same as any other drug that is subject to regulation under this policy. Moreover, although the use of cannabis is legally permissible in the State of California, it remains a prohibited and controlled substance under federal law. The City of Moorpark reserves the right to take disciplinary action under this policy when cannabis or cannabis products are involved, whether it is used for medicinal or non- medicinal purposes, and whether or not it has been prescribed for the employee’s use. 133 Resolution No. 2022-4076 Page 34 H. Reasonable Suspicion: A belief based upon objective facts sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol so that the employee’s ability to perform the functions of the job is impaired or so that the employee’s ability to perform his/her job safely is reduced. For example, any of the following, alone or in combination, may constitute reasonable suspicion: 1) Slurred speech; 2) Alcohol odor on breath; 3) Unsteady walking and movement; 4) Physical impairment (e.g., glassy eyes, eye dilation, shaking, or erratic movement); 5) An accident involving City property; 6) Physical altercation; 7) Verbal altercation; 8) Unusual behavior; 9) Job impairment; 10) Possession of alcohol or drugs; or 11) Information obtained from a reliable person with personal knowledge. I. Under the Influence of Drugs or Alcohol: The use of (1) any alcoholic beverage; (2) any illegal drug or substance, or (3) misuse of any prescribed drug, in a manner and to a degree that impairs the employee’s work performance or ability to use City property or equipment safely. 3. Employee Responsibilities: A. Sign and return the Acknowledgement of Receipt of Drug Free Workplace Policy, noting specifically that the employee has read, understands, and agrees to abide by the provisions of this policy as a condition of continued employment. B. Not report to work or be subject to duty while under the influence of illegal drugs or alcohol. C. Not report to work or be subject to duty while under the influence of a legal drug whenever the use of the legal drug might (1) endanger the safety of the employee or another person; (2) pose a risk of significant damage to City 134 Resolution No. 2022-4076 Page 35 property or equipment; or (3) substantially interfere with the employee’s job performance or the safe or efficient operation of the City’s business or equipment. D. Notify his/her supervisor, before beginning work, when taking any medications or drugs, prescription or nonprescription, which may interfere with the safe and effective performance of duties or operation of City equipment. E. Not manufacture, possess, use, trade, offer to sell, sell, or buy drugs or alcohol during working hours or while subject to duty, on breaks, during meal periods, or anytime while on City property. F. Not store in a locker, desk, automobile, or other repository on City property, any alcohol, illegal drug, or marijuana. This policy is not intended to prevent an employee from possessing alcoholic beverages in sealed containers in his/her personal vehicle. Nor is this policy intended to prevent presentation of alcohol as a gift, so long as the alcohol gift remains unopened on City property. G. Not directly or through a third party sell or provide alcohol or drugs including marijuana to any person, including any employee, while either employee or both employees are on duty or subject to being called to duty. This policy is not intended to prevent an employee from possessing alcoholic beverages in sealed containers in his/her personal vehicle. Nor is this policy intended to prevent presentation of alcohol as a gift, so long as the alcohol gift remains unopened on City property. H. Submit to an alcohol and/or drug test when requested to do so by the employee’s Department Head, Personnel Officer, or City Manager, as provided for in accordance with the guidelines set forth herein. I. Provide within twenty-four (24) hours of request bona fide verification of a current valid prescription for any potentially impairing drug or medication identified when a drug test is positive. The prescription must be in the employee’s name. J. File an “Employee Report of Conviction for Violating Criminal Drug Statutes in the Workplace” to the City Personnel Officer within five (5) days of such conviction. 4. City Responsibilities: A. The City Manager, Personnel Officer, and the Department Heads are responsible for reasonable enforcement of this policy. 135 Resolution No. 2022-4076 Page 36 B. The City Manager, Personnel Officer, or a Department Head may request that an employee submit to a drug and/or alcohol test in accordance with the guidelines set forth herein. C. Whenever an employee refuses an order to submit to a drug or alcohol test upon request, the employee shall be reminded of the requirements of this policy and the disciplinary consequences provided for in this policy. Such refusal may be considered insubordination and grounds for disciplinary action up to and including termination. D. Where there is a reasonable suspicion that an employee is under the influence of drugs or alcohol, the Department Head should detain the employee for a reasonable time until the employee can be safely transported home. E. Department Heads shall not physically search the person of employees, nor shall they search the personal possessions of employees without freely given consent in the presence of the City Manager, Personnel Officer, or other City Manager designee. F. Department Heads shall notify the City Manager or Personnel Officer, whenever they have reasonable suspicion to believe that an employee may have illegal drugs in his/her possession or in an area not jointly or fully controlled by the City. If the City Manager or Personnel Officer concurs that there is reasonable suspicion of illegal drug possession, the City Manager or Personnel Officer shall notify the appropriate law enforcement agency. 5. Drug Testing Guidelines: A. Drug Testing: Employees subjected to a drug test shall be tested by submitting to a urinalysis test. B. Alcohol Testing: Employees subjected to an alcohol test shall be tested by submitting to a breathalyzer test. C. Testing Protocol: All testing will be conducted according to DHHS/SAMHSA guidelines where applicable and will include a screening test; a confirmation test; the opportunity for a split sample; review by a Medical Review Officer, including the opportunity for employees who test positive to provide a legitimate medical explanation, such as a physician's prescription, for the positive result; and a documented chain of custody. A copy of the DHHS/SAMHSA Guidelines may be obtained from Human Resources, or are available at the DHHS Website at: www.workplace.samhsa.gov. D. Pre-Employment Examinations: 1) Required: The City Manager shall establish by administrative procedure the City job positions requiring drug and alcohol testing, 136 Resolution No. 2022-4076 Page 37 based on safety sensitive responsibilities. The drug and alcohol testing for such positions shall be done in conjunction with the pre- employment examination. No drug and alcohol test shall be administered prior to the applicant receiving a conditional offer of employment from the City. 2) Results: A positive result for a drug and/or alcohol analysis may result in the applicant not being hired. If a drug screen is positive at the pre- employment physical, the applicant may be requested to provide within twenty-four (24) hours of request bona fide verification of a valid current prescription for the drug identified in the drug screen. If the prescription is not in the applicant’s name or the applicant does not provide acceptable verification, or if the drug is one that is likely to impair the applicant’s ability to perform the job duties, the applicant may not be hired. E. Alcohol/Drug Testing of Employees: The City shall require drug and/or alcohol tests of employees when reasonable suspicion exists as defined in Section 2 of this policy. Employees shall also be required to submit to return to duty and follow-up drug/alcohol tests as part of a last chance agreement as set forth in Section 6 of this policy. 1) Documentation: Any Department Head requesting an employee to submit to a drug and/or alcohol test shall document in writing the facts constituting reasonable suspicion that the employee in question is under the influence of drugs or alcohol. When possible, the Department Head should have Human Resources staff, another Department Head, and/or supervisor witness the behavior and independently document it. 2) Prerequisite: Prior to the administration of any drug and/or alcohol testing, the City Physician and/or the Department Head shall attempt to obtain from the employee to be tested a completed and signed consent form. This form will provide for the employee’s consent in writing to physical and/or psychological examination and testing and the release of result information by the City Physician to the City. Refusal by the employee to sign a consent form may be considered insubordination and may be grounds for disciplinary action up to and including termination of employment. 3) Interference with Required Test: An employee will be subject to the same consequences of a positive test if he/she: a) Refuses the screening or the test; b) Adulterates or dilutes the specimen; c) Substitutes the specimen with that from another person or sends an imposter; 137 Resolution No. 2022-4076 Page 38 d) Will not sign the required forms; and/or e) Refuses to cooperate in the testing process in such a way that prevents completion of the test. 4) Results: If the drug screen is positive, the employee may be requested to provide within twenty-four (24) hours of the test bona fide verification of a valid current prescription for the drug identified in the drug screen. The prescription must be in the employee’s name. 6. Rehabilitation: A. General: The City encourages those employees who think that they may have a problem with drugs and/or alcohol to seek assistance and rehabilitation at an early date prior to notification of testing for any substance abuse problem and/or prior to discovery by the City of the employee’s drug and/or alcohol problem. The City reserves the right to discipline employees, up to and including termination of employment, who are discovered to have a problem with drugs and/or alcohol, and do not come forward for help prior to the City’s discovery. B. Employee Assistance: The Employee Assistance Program (E.A.P.) is available to assist regular full-time and regular part-time employees in these efforts. Information pertaining to the City’s E.A.P. provider is given to all new employees receiving this benefit at the time of orientation, the telephone number is posted with the notices of employee rights at each work site, and such information may also be obtained by contacting Human Resources staff. C. Voluntary Referral: A decision by an employee to voluntarily seek treatment or rehabilitation for the first time will not be used as the basis for disciplinary action; however, the City may in such cases require such employees to comply with the provisions of the Last Chance Agreement and Follow-Up Testing. An employee who tests positive for drugs under the provisions of this policy and then decides to enroll in a treatment or rehabilitation program does not qualify under this section. Likewise, an employee is not qualified under this section if the City discovers his/her alcohol and/or drug use prior to the employee’s admission and request for treatment or rehabilitation. D. Leave: If necessary, the employee may be granted a leave of absence without pay in order to participate in treatment and rehabilitation. Such a leave of absence shall be unpaid and subject to the requirements of Section 13.3 of the City’s Personnel Rules regarding unpaid leaves of absences. However, an employee is required to exhaust all accumulated paid leave time prior to being granted an unpaid leave of absence for the purpose of receiving treatment and rehabilitation. The City reserves the right to deny such leave if so doing would impose an undue hardship on the City. 138 Resolution No. 2022-4076 Page 39 E. Last Chance Agreement: Employees who undergo treatment and/or rehabilitation may be required to sign a Last Chance Agreement as a condition of continued employment. In said agreement, the employee must promise to complete the treatment or the rehabilitation program and to comply with other terms stated therein. If the employee refuses to sign the Last Chance Agreement or violates such agreement, he/she may be subject to disciplinary action up to and including termination of employment. F. Return to Duty and Follow-up Testing: An employee entering a rehabilitation program will be required to submit to a return to duty drug/alcohol test prior to his/her return to work. An employee entering a rehabilitation program may be required to submit to random follow up testing for up to one (1) year after completion of the program. If the employee fails to comply or if further substance abuse is detected upon such testing, the employee may be subject to disciplinary action, up to and including termination of employment. 7. Confidentiality: Laboratory reports or test results shall not appear in an employee’s general personnel file. Information of this nature will be contained in a separate confidential medical folder that will be securely kept under the control of the Human Resources Division. The reports or test results may be disclosed to supervisors on a strictly need-to-know basis and to the tested employee upon request. Disclosures, without patient consent, may also occur when: A. The information is compelled by law or by judicial or administrative process; B. The information has been placed at issue in a formal dispute between the employer and employee; C. The information is to be used in administering an employee benefit plan; or D. The information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure. 8. Disciplinary Action: Disciplinary action, up to and including termination of employment, may be taken against an employee for any violation of this policy, including, but not limited to the following reasons: A. Failure to comply with any of the Employee Responsibilities set forth in this policy. B. Positive results from a drug and/or alcohol test. C. Refusal to be tested in accordance with this policy. D. Violation of or refusal to enter into a “Last Chance Agreement.” 9. Relation to Disabilities: Nothing in this policy shall affect the City’s obligation to not 139 Resolution No. 2022-4076 Page 40 discriminate and to reasonably accommodate certain alcoholics and/or drug addicts who are participating in or have completed a rehabilitation program in accordance with the Americans with Disabilities Act, the Fair Employment and Housing Act, and the Rehabilitation Act of 1973. Employees should be aware that none of these laws prohibits the City from taking disciplinary action against employees who are currently using illegal drugs. 10. Acknowledgement of Receipt of City of Moorpark Drug Free Workplace Policy: All employees shall be required to sign the following acknowledgment, along with their printed name, signature, and date of signature, at either the time of hire or within two weeks of the initial adoption of this policy and any amendment: I acknowledge that I have received a copy of the City of Moorpark Drug Free Workplace Policy. I further acknowledge that I have read and understand the Policy and that I will abide by its terms. I understand that compliance with the terms of this policy is a condition of continued employment with the City. I further recognize that the Policy supersedes any related Personnel Rules and Regulations, policy statements, manuals, and/or administrative policies previously issued by the City of Moorpark. Policy 2.8: Drug and Alcohol Testing Regulations for Employees that are Drivers of Commercial Vehicles 1. Purpose: The City of Moorpark (“City”) has established procedures and guidelines for the performance of alcohol and drug testing to help protect the health and well- being of City employees and the public and to comply with the Omnibus Transportation Employee Testing Act of 1991 (Pub. L. No. 102-143, 105 Stat. 952), and the regulations that implement it. Specifically, the City must comply with the regulations set forth by the Federal Motor Carrier Safety Administration, 49 C.F.R. Part 382 (FMCSA). This policy incorporates those federal requirements and state requirements, and any amendments that may be made subsequent to the adoption of this policy. This policy expressly restates portions of those requirements; however, the partial restatement should not in any way be interpreted to mean that those requirements not restated herein are inapplicable to drivers. The obligations and requirements set forth under this policy apply to those employees who are required to hold a commercial driver’s license, and are in addition to the obligations set forth in the City of Moorpark Drug Free Workplace Policy (“DFWP”) establishing a drug-free workplace. In the event that this policy conflicts with the DFWP, this policy and the federal Department of Transportation regulations shall supersede the DFWP. It is the goal of the City to create a healthy and safe working environment for the safety of its employees, co-workers, and the traveling public, and to deliver the best and most efficient municipal service to the citizens of Moorpark. Employees who abuse alcohol and drugs are a danger to themselves and to other employees. Under City policy, drug and alcohol use, which affects the employee’s job performance, or 140 Resolution No. 2022-4076 Page 41 jeopardizes City and public safety, is proper cause for disciplinary action up to and including termination of employment. The City has a strong commitment to the health and well-being of its employees. Any regular full-time or regular part-time employee or eligible dependents, who may be experiencing the pressures and problems of substance abuse and/or related problems, are urged to seek help through the City’s Employee Assistance Program (“EAP”). The EAP provides confidential counseling and may be called directly. Information pertaining to the City’s E.A.P. provider is given to all new employees receiving this benefit at the time of orientation, the telephone number is posted with the notices of employee rights at each work site, and such information may also be obtained by contacting Human Resources staff. Questions concerning this policy should be directed to the Human Resources Division at (805) 517-6213 or (805) 517-6238. 2. Applicability: The policy applies to all drivers/employees who operate a commercial motor vehicle as part of their job duties and position classification. Employees who are subject to this policy will receive written notification from the City Manager. In order to comply with the Omnibus Transportation Employee Testing Act of 1991, and the regulations that implement it, the identification of covered job classifications can be modified at any time at the discretion of the City Manager. 3. Condition of Employment: Compliance with this policy is a condition of employment. Failure or refusal of an employee to cooperate fully, violate any section of this policy, sign any required document, submit to any inspection or test, or follow any prescribed course of substance abuse treatment is grounds for discipline up to and including termination. 4. Definitions: The following definitions apply to this policy: A. Accident: An occurrence associated with the operation of a commercial motor vehicle, if, as a result, any of the following occur: 1) An individual dies; or 2) An individual suffers bodily injury and immediately receives medical treatment away from the scene of the accident; or 3) One (1) or more of the motor vehicles involved incurred disabling damage requiring that the motor vehicle be transported away from the scene by a tow truck or other motor vehicle. B. Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl and isopropyl alcohol. C. Applicant: Any person applying for employment with City who has been extended a conditional offer of employment. 141 Resolution No. 2022-4076 Page 42 D. Breath Alcohol Technician (“BAT”): A person who instructs and assists employees in the alcohol testing process and operates an evidential breath testing device. E. Commerce: 1) Any trade, traffic, or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States; and 2) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in Section 4.E.1. above. F. Commercial Motor Vehicle: A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle: 1) Has a gross combination weight rating of 26,001 or more pounds, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or 2) Has a gross vehicle weight rating of 26,001 or more pounds; or 3) Is designed to transport sixteen (16) or more passengers, including the driver; or 4) Is used in the transportation of hazardous materials found in the Hazardous Materials Transportation Act (49 USC § 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR Part 172, Subpart F). G. Controlled Substance/Drug: Marijuana, cocaine, opiates, amphetamines, or phencyclidine. H. Department of Health and Human Services (“DHHS”): The United States Department of Health and Human Services. I. Designated Employer Representative (“DER”): An employee who is able to receive communications and test results from service agents and who is authorized to take immediate actions to remove employees from safety- sensitive duties and to make required decisions in the testing and evaluation processes. The City’s DER is the City’s appointed Personnel Officer and can be contacted at 805-517-6213. In his/her absence, the City Manager may serve as DER or designate an alternate DER. J. Disabling Damage: Damage that precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs. This includes damage to the motor vehicle where the vehicle could have been driven, but would have been further damaged if so driven. This excludes the following: 142 Resolution No. 2022-4076 Page 43 1) Damage that can be remedied temporarily at the scene of the accident without special tools or parts; 2) Tire disablement without other damage even if no spare tire is available; 3) Headlamp or taillight damage; and 4) Damage to turn signals, horn, or windshield wipers, which make them inoperable. K. DOT: The federal Department of Transportation. L. Driver: Any person who operates a commercial motor vehicle. This includes, but is not limited to: full time, regularly employed drivers; casual, intermittent, or occasional drivers; leased drives; and independent owner-operator contractors. M. FMCSA: The Federal Motor Carrier Safety Administration. N. Illegal Drug(s): Any controlled substance; a legal drug which has not been legally obtained, or a legal drug which was legally obtained, but that is sold or distributed unlawfully. O. Legal Drug(s): Any drug, including any prescription drug or over the counter drug, that has been legally obtained and that is not unlawfully sold or distributed. P. Medical Review Officer (“MRO”): A person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by the City’s drug testing program and evaluating medical explanations for certain drug test results. Q. Performing a Safety Sensitive Function: A driver is considered to be performing a safety-sensitive function during any period in which he/she is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions. R. Safety Sensitive Function: All time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions include: 1) All time at a City plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the City; 2) All time inspecting equipment as required by sections 392.7 and 392.8 of Title 49, Subtitle B, Chapter III of the Code of Federal Regulations, or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; 143 Resolution No. 2022-4076 Page 44 3) All time spent at the driving controls of a commercial motor vehicle in operation; 4) All time, other than driving time, spent on or in any commercial motor vehicle, except time spent resting in a sleeper berth; 5) All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and 6) All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. S. Substance Abuse Professional (“SAP”): A person who evaluates employees who have violated this policy and/or other DOT drug and alcohol regulation(s) and who makes recommendations concerning education, treatment, follow- up testing, and aftercare. T. Transferee: A person who transfers from a position in the City service that does not have safety sensitive functions to a position in the City service that does have safety sensitive functions. U. Verified Test: A drug test result or validity testing result from a Department of Health and Human Services certified laboratory that has undergone review and final determination by an MRO. 5. General Prohibitions: A. Controlled Substances: Under this policy, no employee shall refuse to submit to a drug test. No employee shall report for duty, remain on duty or perform safety-sensitive functions if the employee tests positive for controlled substances under this policy. No employee shall report for duty, remain on duty, or perform safety-sensitive functions if the employee used controlled substances, unless the driver receives authorization to work from (1) the City Manager or the Personnel Officer; and (2) the City’s MRO prior to taking any legal drugs which may cause drowsiness or which may otherwise impair to any extent the employee’s ability to safely and efficiently perform his/her job. The City’s MRO, after consultation with the City Manager or the Personnel Officer, may authorize the employee to work while under the influence of a legal drug upon receipt of a fully completed and signed authorization form which states to the City’s satisfaction that the employee will not be impaired in the performance of his/her duties. The City, in its discretion, may request the MRO to issue an independent decision, which will be binding on the employee, at any time and as to any driver who is working or intends to work while under the influence of a legal drug. In making such an independent determination, the MRO may require the employee to submit to a physical examination to ensure that the drug does not impair job performance. 144 Resolution No. 2022-4076 Page 45 B. Alcohol: 1) Concentration: No driver shall report for duty or remain on duty requiring the performance of safety sensitive functions while having an alcohol concentration of 0.04 or greater. 2) On-Duty Use: Drivers are prohibited from using alcohol while performing safety-sensitive functions. 3) No driver who is found to have an alcohol concentration of 0.02 or greater, but less than 0.04, may perform or continue to perform safety- sensitive functions until the start of the driver’s next regularly scheduled duty period, but not less than twenty-four (24) hours following the administration of the test. In accordance with City policy the employee may be retested to ensure that his/her alcohol level is below 0.02 before being authorized to perform safety-sensitive functions. 4) Pre-Duty Use: Drivers are prohibited from using alcohol within four (4) hours prior to performing a safety-sensitive function. 5) Following an Accident: Drivers who are required to submit to a post- accident alcohol test under Section 6.C.1, are prohibited from using alcohol for eight (8) hours following the accident, or until he/she undergoes a post-alcohol accident test, whichever occurs first. 6) Refusal to Submit to Testing: Drivers are prohibited from refusing to submit to an alcohol test under this policy. 7) On Call Employees: Under City policy, any driver who is subject to being on call or who is on standby is prohibited from using alcohol while the employee remains on call or on standby. If a driver has consumed alcohol during this time, and he/she is called to report to duty, he/she must immediately notify his/her supervisor that he/she has consumed alcohol. The employee must also notify the supervisor whether the employee believes that he/she can perform his/her safety- sensitive function. If the employee admits to having consumed alcohol, but asserts that he/she can perform safety-sensitive functions, the employee shall be required to submit to an alcohol test prior to performing any safety-sensitive functions. 6. Types of Drug and Alcohol Testing: A. Pre-Employment/Promotional: 1) All applicants and transferees who will perform safety-sensitive functions are required to submit to a pre-employment drug and alcohol test before the performance of safety-sensitive functions. Only applicants and transferees who have been made a conditional offer of 145 Resolution No. 2022-4076 Page 46 employment or transfer shall be subject to the pre- employment/promotional drug and alcohol tests. No applicant or transferee shall be permitted to perform safety-sensitive functions until the applicant or transferee’s drug test has a verified negative result. No applicant or transferee shall perform safety-sensitive functions until the applicant or transferee’s alcohol test indicates that he/she has an alcohol concentration of less than 0.02. 2) When a driver or applicant has not performed a safety-sensitive function for thirty (30) consecutive calendar days, regardless of the reason, and the employee has not been in the City’s random selection pool during that time, the City shall ensure that the employee takes a pre-employment drug test with a verified negative result. 3) Under City policy if an applicant does not pass an alcohol and drug test, he/she must wait twelve (12) months before reapplying and then must present evidence of completion of a drug and/or alcohol rehabilitation program that is acceptable to the City before he/she is eligible to reapply. B. Random: All drivers are subject to random drug and alcohol testing. The minimum annual percentage rate for random drug testing is fifty percent (50%) of all drivers and the random alcohol testing rate shall be ten percent (10%) of all drivers. The City may test more than these minimum percentages. 1) Selection of Employees: The selection of employees for random drug and alcohol testing shall be made by a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with employees’ social security numbers, or other identifying numbers. Each driver shall have an equal chance of being tested each time selections are made. 2) Testing Pool: Drivers will be placed in a pool of all employees covered under this policy, who are required to be randomly tested by the DOT. The City Manager may at his/her discretion determine to partner with another public agency to increase the size of the pool of employees for random testing. 3) Timing: The City will ensure that random drug and alcohol tests are unannounced and unpredictable, and that the dates for administering the random tests are spread reasonably throughout the calendar year. An employee shall only be randomly tested for alcohol while performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. An employee can be randomly tested for drugs anytime while on duty. 146 Resolution No. 2022-4076 Page 47 4) Procedures: Employees who are notified that they have been selected for random testing under this policy are required to proceed immediately to the test site. C. Post-Accident: 1) Alcohol Test: As soon as practicable following an occurrence involving a City commercial motor vehicle operator on a public road in commerce, the City shall conduct a test for alcohol on each of its surviving drivers: a) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or b) Who was performing safety-sensitive functions with respect to the vehicle and who receives a citation within eight (8) hours of the occurrence under state or local law for a moving traffic violation arising from the accident, if the accident involved: i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or ii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. If an alcohol test is required, it should be administered within two (2) hours following the accident, but it must be administered within eight (8) hours following the accident. If it is not administered within eight (8) hours following the accident, the City shall cease attempts to administer the alcohol test. The supervising Department Head must submit documentation to the Human Resources Division explaining why the test was not promptly administered. Drivers subject to post-accident testing must refrain from using alcohol for eight (8) hours following the accident or until completing a post-accident alcohol test, whichever comes first. 2) Drug Test: As soon as practicable following an occurrence involving a City commercial motor vehicle operator on a public road in commerce, the City shall conduct a test for controlled substances on each of its surviving drivers: a) Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or b) Who was performing safety-sensitive functions with respect to the vehicle and who receives a citation within thirty-two (32) 147 Resolution No. 2022-4076 Page 48 hours of the occurrence under state or local law for a moving traffic violation arising from the accident, if the accident involved: i) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or ii) One or more of the motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. If a drug test is required, it must be administered within thirty-two (32) hours following the accident, or the City must cease its attempts to administer the drug test and the supervising Department Head must submit documentation to the Human Resources Division explaining why the test was not promptly administered. 3) Failure to Remain Available: An employee who is subject to post- accident drug and/or alcohol testing, and who fails to remain readily available for such testing, including notifying the employee’s supervisor or Department Head of his/her location if he/she leaves the scene of the accident prior to submitting to such test, will be deemed to have refused to submit to testing. 4) Need for Medical Attention: Nothing in the post-accident testing requirements should be read to require the delay of necessary medical attention for the injured following an accident or to prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care. D. Reasonable Suspicion: The City shall order an employee to submit to a drug and/or alcohol test when the City has reasonable suspicion to believe that the employee has used a controlled substance and/or has misused alcohol. 1) Finding of Reasonable Suspicion: The City’s determination that reasonable suspicion exists shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. The observations may include indications of the chronic and withdrawal effects of controlled substances. A supervisor who is trained in detecting the signs and symptoms of drug use and alcohol misuse must make the required observations. 2) Reasonable Suspicion Alcohol Testing: An employee may only be subjected to alcohol testing if the observations are made during, just preceding or just after the period of the workday that the driver is performing safety-sensitive functions. A reasonable suspicion alcohol 148 Resolution No. 2022-4076 Page 49 test should be performed within two (2) hours of the reasonable suspicion finding. If not, the supervisor making the observation shall provide written documentation as to why the test was not promptly conducted. An alcohol test shall not be administered more than eight (8) hours after making the reasonable suspicion finding. Notwithstanding the absence of a reasonable suspicion alcohol test, drivers shall not perform safety-sensitive functions if under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse until: a) An alcohol test is administered and the employee’s alcohol concentration measures less than 0.02; or b) Twenty-four (24) hours have elapsed following the reasonable suspicion finding. 3) Reasonable Suspicion Drug Testing: An employee may be subjected to drug testing under reasonable suspicion based on observations at any time the employee is on duty. 4) Written Record of Reasonable Suspicion: A written record shall be made of the observations leading to an alcohol or drug reasonable suspicion test and signed by the supervisor who made the observations, within twenty-four (24) hours of the observed behavior or before the results of the alcohol and/or drug tests are released, whichever is earlier. 5) Commuting to Test Site: It is City policy, that under no circumstances will an employee being directed to submit to a reasonable suspicion test be allowed to self-commute. A supervisor or manager must drive the employee to the test site and return the employee to the worksite. E. Return-to-Duty and Follow-Up Testing: Before the City allows an employee to return to duty to perform a safety-sensitive function following certain prohibited conduct, including refusing to submit to a test, having a verified positive drug test result, and/or a confirmed alcohol test result of 0.04 or greater, the employee must first have been evaluated by the SAP, successfully participated and complied with any prescribed treatment program, and passed a controlled substance and/or alcohol return-to-duty test. The employee must have a verified negative test result and/or an alcohol test with an alcohol concentration of less than 0.02 before resuming performance of safety-sensitive duties. If allowed to return to duty, an employee must be subject to unannounced follow-up testing, which is separate from the random testing obligations, for at least twelve (12) months. All testing under this Section shall be in accordance with 49 CFR Part 40, Subpart O. 149 Resolution No. 2022-4076 Page 50 7. Alcohol Testing Procedures: Testing will be performed in strict compliance with DOT regulations for alcohol testing (49 CFR Part 40) by professionals on contract with the City. This Section contains selected portions of the DOT regulations. A complete copy of 49 CFR Part 40 is available at www.dot.gov, or a copy may be requested from the Human Resources Division. Under no circumstance will testing be conducted by a supervisor of the employee. The City will take every possible step to ensure that testing can be completed and the employee can return to work prior to the end of the employee’s shift, in order to accommodate the employee’s off-duty schedule, including carpooling and other transportation concerns. A. General Testing Procedures: Tests for alcohol concentration will be conducted at the City’s expense utilizing an NHTSA-approved EBT device operated by a qualified BAT. Non-EBT devises may be used for the initial test (“screening test”). The screening test is conducted first. If the result is an alcohol concentration of anything less than 0.02, no further testing is required and the test will be reported as a “negative” test. If the alcohol concentration is 0.02 or greater, a second test will be performed (“confirmation test”), no earlier than fifteen (15) minutes and no later than thirty (30) minutes after the screening test, to confirm the results of the screening test. In the event that the screening test and confirmation test results are not identical, the confirmation test result shall be deemed to be the final result upon which any action pursuant to this policy shall be based. The BAT will transmit all results to the DER in a confidential manner and shall notify the DER immediately if an employee must be removed from safety-sensitive functions. An employee with an alcohol concentration of 0.02 or greater, but less than 0.04, must be removed from duty for 24 hours. If the alcohol concentration is 0.04 or greater, the driver shall be removed from his/her driving duties and attendant safety-sensitive functions and be evaluated by a SAP. B. Inability to Provide Sufficient Amount of Breath: If an employee is unable after two (2) attempts to provide an amount of breath sufficient to permit a valid breath test, the City shall direct the employee to obtain, at the City’s expense, an evaluation from a licensed physician, satisfactory to the City, concerning the employee’s medical ability to provide an adequate amount of breath. If the physician determines that a medical condition has, or with a high degree of probability could have, precluded the employee from providing an adequate amount of breath, the employee’s failure to do so shall not be deemed a refusal to test. If the physician is not able to make such a determination, then the employee’s failure to provide an adequate amount of breath shall be regarded as a refusal to test. 8. Drug Testing Procedures: Testing will be performed in strict compliance with DOT regulations for drug testing (49 CFR Part 40) by professionals on contract with the 150 Resolution No. 2022-4076 Page 51 City. This Section contains selected portions of the DOT regulations. A complete copy of 49 CFR Part 40 is available at www.dot.gov, or a copy may be requested from the Human Resources Division. Under no circumstance will testing be conducted by a supervisor of the employee. The City will take every possible step to ensure that testing can be completed and the employee can return to work prior to the end of the employee’s shift, in order to accommodate the employee’s off-duty schedule, including carpooling and other transportation concerns. A. All drug tests performed under this policy shall test for the following controlled substances (or their metabolites): marijuana, cocaine, opiates, amphetamines, and phencyclidine. Pursuant to the DOT and FMCSA regulations, the drugs or classes of drugs to be tested, as well as the initial and confirmatory cutoff levels for each drug or class of drug, are listed below. Cutoff Concentrations for Initial and Confirmation Drug Tests Type of Drug or Metabolite Initial Test Confirmation Test (1) Marijuana metabolites (a) Delta-9-tetrahydrocannabinol-9- carboxylic acid (THC) 50 15 (2) Cocaine metabolites (Benzoylecgonine) 300 150 (3) Phencyclidine (PCP) 25 25 (4) Amphetamines (a) Amphetamine (b) Methamphetamine 1000 500 500 (Specimen must also contain amphetamine at a concentration of greater than or equal to 200 ng/mL.) (5) Opiate metabolites (a) Codeine (b) Morphine (c) 6acety1morphine 2000 2000 2000 10 (Test for 6-AM in the specimen. Conduct this test only when specimen contains morphine at a concentration of greater than or equal to 2000 ng/mL.) 151 Resolution No. 2022-4076 Page 52 B. Drug testing is a two-stage process utilizing a urine specimen. First a screening test using an immunoassay technique is performed. If it is positive for one or more drugs, a confirmation test is performed for each identified drug using state-of-the-art gas chromatography/mass spectrometry (GC/MS) analysis. C. DOT regulations require that all urine specimens be collected at an appropriate collection site. The City uses off-site collection sites staffed by medical/technical personnel that meet the DOT requirements. A trained health care worker will collect a split urine sample at the designated collection site approved by the City. A strict chain of custody will be followed from the point of collection to the DHHS certified testing laboratory approved by the City. The primary sample is screen tested by the laboratory using an immunoassay technique. If the sample is positive for one or more drugs covered by this policy, a confirmatory test is performed for each identified drug using gas chromatography/mass spectrometry. D. All test results will be reviewed at the City’s expense by a MRO approved by the City for the purpose of verifying and validating the test results. If test results are positive, the MRO will contact the employee, as confidentially as possible, to determine if there is an alternate medical explanation for the drugs found. If the employee provides appropriate documentation, or if the MRO determines based upon all available information that there is a legitimate medical use, or other valid explanation, the test result is reported as negative. E. The employee may request that the MRO have the split specimen sent to another DHHS-certified laboratory for analysis at the employee’s expense. If such costs are paid by the City, the costs may be reimbursed to the City through payroll deduction. This request must be made by the employee directly to the MRO no later than seventy-two (72) hours after the MRO has notified the employee of a positive test result, which has been confirmed by the MRO. The split specimen will be tested according to the same screening and confirmatory procedures for that drug(s) or drug metabolite(s) found in the primary specimen. F. The employee shall provide a minimum of forty-five (45) milliliters of urine for the collection. If the employee is unable to provide such a quantity of urine, the employee shall drink not more than forty (40) ounces of fluids and, after a period of up to three (3) hours, again attempt to provide a complete sample. If the employee is unable to provide an adequate specimen the testing shall be discontinued. The DER shall refer the employee, at the City’s expense, for a medical evaluation from a licensed physician satisfactory to the MRO concerning whether the inability to provide a specimen is genuine. If the physician determines and the MRO accepts the physician’s recommendation that a medical condition has, or with a high degree of probability could have, precluded the employee from providing an adequate urine sample, the employee’s failure to do so shall not be deemed a refusal to test. If the 152 Resolution No. 2022-4076 Page 53 physician is not able to make such a determination, then the employee’s failure to provide an adequate urine sample shall be regarded as a failure of the test. G. Under City policy any employee who refuses to comply with a request for testing, who provides false information in connection with a test, or who attempts to falsify test results through tampering, contamination, adulteration, or substitution shall be subject to disciplinary action up to and including termination of employment. H. The privacy of the employee shall be protected at all times. The City shall adhere to all standards of confidentiality regarding employee testing. 9. Medical Review Officer: The City’s MRO shall be qualified under the DOT regulations, and will adhere to all pertinent DOT regulations in performing his/her duties as an MRO. The MRO shall have no relationship with the drug testing laboratory that creates a conflict of interest. The City’s MRO is: Concentra Urgent Care, Camarillo Clinic, 4934 Verdugo Way, Camarillo, CA 93012, (805) 484-0095. The City Manager shall have the authority to select a qualified alternate MRO. 10. Breath Alcohol Technician: The City’s BAT shall be qualified under the DOT regulations, and will adhere to all pertinent DOT regulations in performing his/her duties as a BAT. The City’s BAT is: Concentra Urgent Care, Camarillo Clinic, 4934 Verdugo Way, Camarillo, CA 93012, (805) 484-0095. The City Manager shall have the authority to select a qualified alternate BAT. 11. Testing Laboratory: The City shall only use testing laboratories that are certified by DHHS under the National Laboratory Certification Program. The testing laboratory must adhere to all requirements set forth in the DOT regulations. The drug testing laboratory and the MRO may not have any relationship that creates a conflict of interest. The City’s drug and alcohol testing laboratory is as may be contracted by Concentra Urgent Care, Camarillo Clinic, 4934 Verdugo Way, Camarillo, CA 93012, (805) 484-0095. The City Manager shall have the authority to select a qualified alternate drug testing laboratory and alternate alcohol testing laboratory. 12. Refusal to Submit to Testing: A. Acts that Constitute a Refusal to Submit to Testing: In accordance with DOT regulations, a driver who engages in any of the following conduct has refused to submit to a drug and/or alcohol test under this Section: 1) Fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the City, consistent with DOT regulations, after being directed to do so by the City. 2) Fails to remain at the testing site until the testing process is complete, except for an employee who leaves the testing site prior to the commencement of a pre-employment test; 153 Resolution No. 2022-4076 Page 54 3) Fails to provide a urine specimen for any drug test, except for an employee who leaves the testing site prior to the commencement of a pre-employment test; 4) In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the driver’s provision of a specimen; 5) Fails to provide a sufficient amount of urine when directed, and it has been determined, though a required medical evaluation, that there was no adequate medical explanation for the failure; 6) Fails or declines to take a second test the City or collector has directed the driver to take; 7) Fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER when the employee cannot produce a sufficient amount of urine; 8) Fails to cooperate with any part of the testing process; or 9) Is reported by the MRO as having a verified adulterated or substituted test result. 13. Consequences of a Positive Test or a Refusal to Test: A. Pre-Employment Test: Under City policy, an applicant whose test results are positive for any illegal drug or alcohol will not be hired. Under City policy, any applicant who refuses to submit to testing shall be disqualified for employment. B. Transfer, Reasonable Suspicion, Post-Accident, Return-to-Duty, or Random Tests: 1) Drugs: a) A driver who refuses to submit to a drug test or has a verified positive controlled substances test result under this policy shall not be permitted to perform safety-sensitive functions. b) A driver who refuses to submit to a drug test or receives a verified positive drug test result under this policy shall be placed off work and shall be referred to a SAP for evaluation. The SAP shall make a determination as to whether the employee requires rehabilitation, and if so, shall recommend a course of rehabilitation to be completed under the City’s EAP. c) A driver may not be returned to his/her former safety-sensitive position until the employee complies with the Return-to-Duty 154 Resolution No. 2022-4076 Page 55 and Follow-Up Testing set forth in 49 USC 40, Subpart O and summarized in Section 6.E. of this policy. d) In accordance with City policy, a driver whose test results are positive for any illegal drug will be subject to disciplinary action up to and including termination of employment. The City shall treat any refusal to submit to testing by an employee to be both insubordination and as though the employee had tested positive and the City will proceed accordingly. e) In accordance with City policy, a driver whose test results are positive for a legal drug which has not been approved by the City’s MRO for use by that employee at work (or such authorization has been revoked) may be placed off work pending the employee obtaining such approval. 2) Alcohol: a) A driver who refuses to submit to an alcohol test or has an alcohol concentration of 0.04 or greater shall not be permitted to perform safety-sensitive functions. b) A driver whose final test result shows an alcohol percentage of 0.02 or greater but less than 0.04 shall not be permitted to perform safety-sensitive functions and shall not return for duty until at least twenty-four (24) hours following the administration of the test. c) A driver who refuses to submit to an alcohol test or has an alcohol concentration of 0.04 under this policy shall be placed off work and shall be referred to a SAP for evaluation. The SAP shall make a determination as to whether the employee requires rehabilitation, and if so, shall recommend a course of rehabilitation for the misuse of alcohol to be completed under the City’s EAP. d) A driver may not be returned to his/her former safety-sensitive position until the employee complies with the Return-to-Duty and Follow-Up Testing set forth in 49 USC 40, Subpart O and summarized in Section 6.E. of this policy. e) In accordance with the City policy, a driver whose test results are positive for alcohol will be subject to disciplinary action up to and including termination of employment. The City shall treat any refusal to submit to testing by an employee to be both insubordination and as though the employee had tested positive and the City will act accordingly. 155 Resolution No. 2022-4076 Page 56 14. Employee Admission of Drug and/or Alcohol Use: A. An employee who admits to alcohol misuse or drug use is not subject to the referral, evaluation, and treatment requirements of the DOT regulations, and the referral, evaluation, and treatment provisions discussed above when the following conditions are met: 1) The admission is pursuant to the provisions set forth in the City’s DFWP; 2) The driver does not self-identify in order to avoid drug or alcohol testing under this policy; 3) The driver makes the admission of alcohol misuse or drug use prior to performing a safety-sensitive function; and 4) The driver does not perform a safety-sensitive function until the City is satisfied that the employee has been evaluated and has successfully completed education or treatment requirements in accordance with the provisions of the City’s DFWP. In the event that all of the above criteria are not met, the employee remains subject to all DOT regulations regarding referral, evaluation, and treatment. B. When the employee is qualified to seek treatment or rehabilitation under the City’s DFWP and the employee meets the above-stated criteria, the following conditions shall also apply: 1) The City will not take adverse job action against an employee who comes forward for the first time and makes a voluntary admission of alcohol misuse or controlled substances use within the guidelines set forth in Section 14.A; 2) The employee shall have sufficient opportunity to seek evaluation, education, or treatment to establish control over the employee’s drug or alcohol problem; 3) The employee may return to safety-sensitive functions only upon successful completion of an educational or treatment program, as determined by a drug and alcohol abuse evaluation expert (i.e., employee assistance professional, substance abuse professional, or qualified drug and alcohol counselor); 4) Prior to the employee participating in a safety-sensitive function, the employee shall undergo a return to duty alcohol test which must indicate an alcohol concentration of less than 0.02 and/or a return to duty drug test which must be verified negative for controlled substances; and 156 Resolution No. 2022-4076 Page 57 5) The employee must adhere to the follow-up testing and monitoring established under Section 6.E. 15. Education: A. Training: To assist employees and their families to understand and to avoid the perils of drug and alcohol abuse, the City has developed a comprehensive Drug and Alcohol Awareness Program. The City will use that program in an ongoing educational and training effort to prevent and eliminate drug and alcohol abuse that may affect the workplace. The Drug and Alcohol Awareness Program will include the display and distribution of informational material and will inform employees and their families about: (1) the dangers of alcohol and drug abuse in the workplace; (2) the consequences of drug and/or alcohol use on personal health, safety, and the work environment; (3) the manifestation and behavioral cues that may indicate drug and/or alcohol use and abuse; (4) this policy; (5) the availability of treatment and counseling service hotline telephone number for employee assistance, and (6) the sanctions the City will impose for violations of this policy. 1) Drivers: Drivers will receive at least sixty (60) minutes of training on the effects and consequences of prohibited drug use and alcohol use on personal health, safety, and the work environment. The training shall also include the signs and symptoms that may indicate prohibited drug use and alcohol use. 2) Supervisors: Supervisors who are authorized to make determinations of reasonable suspicion shall receive at least sixty (60) minutes of training on the physical, behavioral, speech, and performance indicators of probable drug use. Supervisors shall also receive at least sixty (60) minutes of training on physical, behavioral, speech, and performance indicators of probable alcohol misuse. 16. Employee Assistance Program: The City maintains an Employee Assistance Program (“EAP”) which offers confidential, professional counseling to eligible employees and their family members. It provides a constructive way by which employees can deal with alcohol and/or drug-related problems before such problems impact job performance, family relations, and other areas of one’s life. Employees experiencing personal or work performance problems associated with alcohol or drug use are urged to utilize the EAP. It is the responsibility of employees to seek assistance from the EAP before alcohol and/or drug problems lead to disciplinary action, which under City Personnel Rules and Policies can include termination of employment for a first offense. Enrollment and participation in the EAP will not be used as the basis for disciplinary action and will not be used against the employee in any disciplinary proceeding. However, enrollment and participation in the EAP will not exempt an employee from discipline if that employee is found to have violated this policy. 157 Resolution No. 2022-4076 Page 58 Provisions for leaves of absence for employees with alcohol and/or drug related problems who have not been found in violation of this policy and who voluntarily have sought assistance through the EAP will be granted in accordance with the City Personnel Rules and Policies. Any employee who tests positive for the presence of illegal drugs or alcohol at or above the cutoff levels established by the DOT shall be referred to a Substance Abuse Professional (“SAP”) to determine what assistance, if any, the employee needs in resolving problems associated with drugs or alcohol misuse. The cost of any treatment or rehabilitation services may be covered by the medical insurance policy provided by the City, which may require a co-payment by the employee paid directly by the employee or his/her insurance provider. The City will not pay for treatment or rehabilitation. 17. Confidentiality: The City shall make every effort to assure confidentiality throughout the testing process and to protect the individual dignity and right to privacy of all employees. Personal data regarding the drug and alcohol testing results and EAP evaluations will be forwarded only to the MRO or the SAP and are confidential. Except as required by law, or expressly authorized or required by the DOT and FMCSA regulations, the City shall not release any information from the records it is required to maintain under the regulations. The employee, upon written request, is entitled to obtain copies of any records pertaining to the employee’s drug and alcohol testing. 18. Acknowledgment: All City employees that are required to maintain a Class A or B Commercial Driver License shall be required to sign the following acknowledgment, along with their printed name, signature, and date of signature, at either the time of hire or within two weeks of the initial adoption of this policy and any amendment: I acknowledge that I have received a copy of the City of Moorpark Policy for Drivers of Commercial Vehicles Subject to Department of Transportation Drug and Alcohol Testing Regulations (“Policy”). I understand that conformance with this Policy is a condition of my employment, and that violation of this Policy can, in certain circumstances, be grounds for discipline, up to and including termination of employment. I further understand that additional information regarding the testing procedures that will be used under the DOT regulations are available from the Human Resources Division should I wish to review them. I understand that it is my obligation to read this Policy, and will abide by its terms. Policy 2.9: Employee, Contract Staff, Consultant, and Volunteer Letters of Recommendation and Background Check Response Given the liability potential related to letters of recommendation and responses to background check inquiries, the City Council’s policy is that letters of recommendation and background check responses shall be restricted in accordance with this policy. All current or former City employee, contract staff, private contractor, consultant, volunteer or other business entity letters of recommendation and testimonials written by a City 158 Resolution No. 2022-4076 Page 59 employee, contract staff, or City Council appointee (including but not limited to Planning Commissioners, Parks and Recreation Commissioners, Arts Commissioners, and Library Board Members), and pertaining in any way to the business of the City, must be approved by the City Manager or his/her designee. Prior to any staff response to a background check inquiry for contract staff, private contractor, consultant, or volunteer, the Personnel Officer or City Manager approval is required. All background check inquiries for current or former City employees shall be directed to the City’s Human Resources Division staff for response. City Councilmembers shall contact the City Manager prior to providing any letter of recommendation for a current or former City employee, contract staff, private contractor, consultant, and/or volunteer to ensure that such Councilmember is made aware of any liability and/or human resources related concerns. Policy 2.10: Employee Anniversary Recognition Program Policy The City Manager shall have the authority to approve an Employee Anniversary Recognition Program for regular competitive service and management employees consistent with the dollar limits set forth in this policy. All full months of service for regular full-time and regular part-time employees will be calculated on a cumulative basis, consistent with the full-time equivalent eligibility schedule of 2,080 work hours in a 12- month period (calculated by multiplying 52 weeks in a year times 40 hours in a work week), and eligible service credit hours will not include unpaid leave of absence time (temporary part-time employees are not eligible for this benefit). 60 Months of Full-Time Equivalent Service: Award gift not to exceed $100.00. 120 Months of Full-Time Equivalent Service: Award gift not to exceed $300.00. 180 Months of Full-Time Equivalent Service: Award gift not to exceed $500.00. 240 Months of Full-Time Service: Award gift not to exceed $750.00. 300 Months of Full-Time Equivalent Service: Award gift not to exceed $1,000.00. 360 Months of Full-Time Equivalent Service: Award gift not to exceed $1,200.00. 420 Months of Full-Time Equivalent Service: Award gift not to exceed $1,400.00. 480 Months of Full-Time Equivalent Service: Award gift not to exceed $1,600.00. Policy 2.11: City Payment for Employee Recognition at the Time of Retirement from the California Public Employees Retirement System (CalPERS) Regular competitive service and management employees with five or more years (60 plus months) of full-time equivalent service with the City of Moorpark will receive a contribution from the City to be used towards a retirement recognition event, subject to the requirement 159 Resolution No. 2022-4076 Page 60 that all full-time employees will be invited to attend. All full months of service for regular full- time and regular part-time employees will be calculated on a cumulative basis, consistent with the full-time equivalent eligibility schedule of 2,080 work hours in a 12-month period (calculated by multiplying 52 weeks in a year times 40 hours in a work week), and eligible service credit hours will not include unpaid leave of absence time (temporary part-time employees are not eligible for this benefit). The event may be held at a City facility with a room or park reservation area provided free of cost, if the City Manager is provided with no less than 30 days’ notice of pending retirement and the room or park area is available. The City’s retirement event contribution is to be used for catering or subsidizing the meal cost, decorations, entertainment, a gift (which may include a cash payment) for the retiring employee not to exceed 25% of the total City retirement contribution, and/or other related event costs, as approved by the City Manager to supplement event donations. There is no cash value for this retirement benefit if the employee elects to not have a retirement event. The dollar limits for the event contribution will be based on cumulative full months of full- time equivalent service time with the City as follows: $500.00 for 60 to 119 Months of Full-Time Equivalent Service. $1,000.00 for 120 to 179 Months of Full-Time Equivalent Service. $1,250.00 for 180 to 239 Months of Full-Time Equivalent Service. $1,500.00 for 240 or more Months of Full-Time Equivalent Service. Policy 2.12: 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 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. 160 Resolution No. 2022-4076 Page 61 Policy 2.13: Americans with Disabilities Act (ADA)/Section 504 of Rehabilitation Act Complaint and Grievance Procedure 1. Purpose and Authority This Policy has been created to comply with the Americans with Disabilities Act of 1990 (ADA), and Section 504 of the Rehabilitation Act of 1973. This policy establishes a complaint and grievance procedure to be followed by citizens who want to file a complaint or grievance alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Moorpark (City), and not including City employment related discrimination complaints. The City wants to hear concerns and complaints from citizens in order to provide accessible programs, services and activities. A member of the public can contact the City with a comment, concern, or complaint without filing a formal grievance. The City’s website, http://moorparkca.gov, has a Report a Concern feature that includes ADA complaints with a request tracker to ensure City staff quickly responds to such concerns. A formal grievance can be filed by completing the Grievance Form included as an attachment to this Policy. 2. ADA Coordinator The City’s Personnel Officer or other designated staff, as appointed by the City Manager, shall be the ADA Coordinator for the City of Moorpark. The ADA Coordinator shall be responsible for coordinating the City’s efforts to comply with and carry out the City’s ADA responsibilities. 3. Complaint and Grievance Procedure This complaint and grievance procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973. This procedure may be used by anyone who wishes to file a complaint or grievance alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City, not including employment related complaints of discrimination. City Council Policy No. 2.6 governs all employment-related complaints of harassment, discrimination, and retaliation. It is preferred that the formal ADA grievance be in writing and contain information about the alleged discrimination, such as the name, address, phone number of the complainant, and location, date, and description of the problem. Alternative means of filing a complaint, such as a personal interview or a recording of the complaint, will be made available for persons with disabilities upon request. If additional accommodations are needed, please contact the ADA Coordinator. The complaint should be submitted by the grievant and/or his/her designee as soon as possible, but no later than 60 calendar days after the alleged violation to: 161 Resolution No. 2022-4076 Page 62 ADA Coordinator City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Moorpark@moorparkca.gov (805) 517-6213 California Relay Services: Dial 711 Within 30 calendar days after receipt of the complaint, the ADA Coordinator or her/his designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 30 calendar days of the meeting, the ADA Coordinator or her/his designee will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio recording. The response will explain the position of the City and offer options for substantive resolution of the complaint. 4. Appeal If the response by the ADA Coordinator or her/his designee does not satisfactorily resolve the issue, the complainant and/or her/his designee may appeal the decision within 30 calendar days after receipt of the response to the City Manager or his/her designee. Within 30 calendar days after receipt of the appeal, the City Manager or his/her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 30 calendar days after the meeting, the City Manager or his/her designee will respond in writing, and, where appropriate, also respond in a format accessible to the complainant, with a final resolution or determination of the complaint. 5. Retaliation Retaliation against a person who files a complaint of discrimination or participates in an investigation of such a complaint is prohibited by Federal and State law. Any person who believes he or she has been retaliated against for filing a complaint of discrimination is encouraged to report their concerns about potential retaliatory actions to the ADA Coordinator, or as an alternative may report concerns to the City Manager, City of Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021. 6. Records Retention All written complaints and grievances received by ADA Coordinator or his/her designee, appeals to the City Manager or his/her designee, and responses from these two offices will be retained by the City for at least three years from final action. 162 Resolution No. 2022-4076 Page 63 Policy 2.14: City Wireless Internet Network A City wireless internet network will be made available for public use at the Moorpark Library, Active Adult Center, City Hall offices and Community Center, and other City facilities, as approved by the City Manager, for users with portable electronic devices capable of receiving wireless signals. Prior to each use, acknowledgment of a wireless user agreement shall be required, the form of which shall be approved by the City Manager and City Attorney. Policy 2.15: 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. Staff is hereby directed to include the following provisions of this policy on the City website. 1. Purpose It is the purpose of the Moorpark City Government website to provide accurate, non- editorial content that will inform Moorpark citizens about City of Moorpark services, operations, projects, and special events, and provide information pertaining to City officials and personnel. In addition, the website should be used to facilitate the delivery of services provided by the City of Moorpark to its citizens and other customers. All City of Moorpark departments and divisions are eligible to submit content or request the posting or hypertext linking to appropriate information to support the mission of the City and department service initiatives. 2. Website Disclaimer The City of Moorpark website is maintained to provide information to the public. Information found on the City’s website has been compiled from a variety of sources, and is subject to change at any time and without notice from the City of Moorpark. While every effort is made to keep such information accurate and up-to-date, the City of Moorpark assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies. The Public Information Officer acts as the City’s Webmaster and is responsible for the management and oversight of the City of Moorpark website. Questions or comments concerning information contained in the City of Moorpark website should be directed to the Public Information Officer. Comments about the City’s website are welcome from any source and are always appreciated. By using the City of Moorpark website, the user assumes all risks associated with its use, including but not limited to the risk of damage to computer, software, or data by any virus, program, or file, which might be transmitted through the Internet. Under 163 Resolution No. 2022-4076 Page 64 no circumstances shall the City of Moorpark be liable for any damages resulting from the use of the City of Moorpark website or any external link. The opinions expressed in any linked websites are not those of the City of Moorpark, and any questions on other websites should be addressed to the entity sponsoring such site. 3. Privacy A computer communicates with the City of Moorpark’s website using a particular Internet Protocol address (IP). Like most sites, the City of Moorpark can track the user's IP address when visiting the site. The IP address allows the City of Moorpark to track for each user, information such as the IP address, the browser type, and the identity of the user's Internet service provider: however, the IP address does not provide any personally identifiable information and allows the user to remain anonymous. This information helps the City to improve site navigation and to make improvements to the City’s website and content. To the extent that the City website contains or may in the future contain online registration forms for special activities or other services, such as recreation classes, an applicant may be asked during the application process for name, address, e-mail address, phone number, birth date, or other general or special purpose information needed to complete registration for the specific activity or service. To the extent that the City website contains or may in the future contain online volunteer or employment application forms, an applicant may be asked during the application process to provide name, address, e-mail address, phone number, driver’s license number, occupations, work experiences, employment history, education level, and/or references. To the extent that the City website contains or may in the future contain online payment services, the City of Moorpark will collect personal information, such as name, postal address, e-mail address and credit card number should you decide to use an online payment service. 4. Permitted External Links The City of Moorpark website contains links to other websites as a convenience to the public and does not constitute an endorsement. The City of Moorpark is not responsible for information contained on sites linked from any City of Moorpark page and has not reviewed such for accuracy or legal sufficiency. The City of Moorpark permits the establishment of links to external websites on the City's official website solely in conformance with this policy. In the establishment and maintenance of its official website, the City does not intend in any manner to create a forum or other means by which public disclosure, exchange of opinions, or discussion on issues of any nature may occur. Rather, the sole and limited purpose of this City's website and permitted external links is to provide non-political and/or 164 Resolution No. 2022-4076 Page 65 non-religious information of a factual nature about the City of Moorpark including various services and resources available within and around the City, or as may be available from other government agencies. The Moorpark City Government website includes links to other websites, and the City is not responsible for the actions and policies of these third parties, and recommends the privacy policies of each website be reviewed before supplying personally identifiable information. 5. External Link Application Process Organizations and City staff requesting to establish external links to the City's website must submit an email to PublicInformation@moorparkca.gov. This email will contain all information necessary to verify the facts as stated and is necessary to establish that the proposed link is in compliance with this policy. A. Consistent with the foregoing policy, it is the City's policy to limit external links to the following kinds of entities and organizations: 1) Sites that are owned and managed by a state, local or federal governmental agency, local public school, college board, or special district; 2) Public Utilities; 3) Sites that are maintained by a non-profit organization that receives direct financial support from the City of Moorpark and supports the mission of the City; or 4) Sites that have a direct contractual relationship with the City for the provision of goods and/or services. B. External links will not be made to sites that fall within any of the following criteria, as determined by the City Manager or his/her designee: 1) Sites that are owned or managed by a political party, candidate or special interest group or are of a political nature that are associated with, sponsored by or serving a candidate for elected office, any political party or organization supporting or seeking to defeat any candidate for elective office or ballot proposal; 2) Sites that are owned, managed or provide content for commercial entities that do not have a direct contractual relationship with the City for the provision of goods and/or services; or 3) Sites containing any materials that may reasonably be considered scurrilous or offensive. Offensive materials are defined as sexual 165 Resolution No. 2022-4076 Page 66 content or images, slurs against race, religious or political beliefs, age, gender, sexual orientation, national origin or physical attributes. The City of Moorpark reserves the right to: 1) deny an external link application to any person, business or organization when it is determined, following review of a complete application, that the entity or organization for which application is made does not meet the criteria set forth in this policy; and 2) deny an external link application to any person, business or organization which fails to provide all required information, or fails to provide truthful information. 6. Removal of External Link The City Manager or his/her designee is authorized to remove any external link if the nature of the organization or business to which the link relates no longer complies with the City's external link policy; and discontinue an external link at any time if an entity’s website provides or promotes false, slanderous, illegal, immoral, offensive, or incorrect information at any time. Policy 2.16: Process for Preparation of Initial Drafts of Ordinances by City Departments 1. Staff may confer with the City Attorney at a scheduled meeting after first determining if the City Manager wants to participate. Staff will bring any sample ordinance to the meeting. City Attorney to determine lead time (Step One to Step Six), except when the City Manager determines that staff priorities or Council direction require adjustment of the lead time, but generally a minimum of two weeks in most instances will be required -- possibly longer depending upon the length, complexity of the ordinance and quality of the sample ordinances. Agenda deadlines should be considered in determining lead time. The meeting with the City Attorney shall be scheduled on the first Wednesday afternoon of the month by contacting the Executive Secretary. 2. Staff confers with City Clerk for codification determination and section number confirmation. 3. Staff drafts the ordinance for content and format and if necessary reviews with City Manager during the drafting process. 4. City Manager and City Clerk review draft ordinance. 5. E-mail draft ordinance to City Attorney. 6. City Attorney reviews for content and form; makes changes in legislative format and returns draft ordinance, making comments if required. Management staff who are authorized by the Department Head, may seek input directly from the City Attorney. 166 Resolution No. 2022-4076 Page 67 7. Staff reviews changes made by City Attorney, if any, and shall discuss with City Attorney and City Manager as needed. Meeting with City Attorney to be scheduled on the first Wednesday afternoon of the month. 8. Recognize and reconcile differences. If differences cannot be reconciled, talk to the City Manager, if still unable to reconcile differences, write the staff report to recognize the points of disagreement. 9. If needed, schedule the agenda item, and public hearing if required, after City Attorney and City Manager have approved the draft ordinance. Policy 2.17: 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 #). 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. 1. Purpose The purpose of this policy is to establish a City of Moorpark procedure that supplements 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 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) pertaining to gift and honoraria prohibitions. This policy also supplements the City Council’s adopted Conflict of Interest resolution. If there is a conflict between this policy and the State law and Regulations of the FPPC, as the same may from time to time be amended, the provisions of State law in Government Code Section 81000, et seq. and the Regulations of the FPPC in Title 2, Division 6 of the California Code of Regulations are controlling. 2. Definitions “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. 167 Resolution No. 2022-4076 Page 68 “Gift” and “honoraria” shall have the same definition as given in the referenced FPPC Regulations. 3. Gift and Honoraria Prohibition for all Employees The gift and honoraria policy for all City employees shall be that no employee shall directly accept a gift or honoraria of any dollar amount from a City contractor or vendor whose contract they administer, supervise, or monitor; or from a business entity which provides supplies, equipment or services of the type utilized by the department or division for which the employee is assigned. Additionally, no supervising employee shall directly accept a gift or honoraria of any dollar amount from a City contractor or vendor whose contract is administered, supervised, or monitored by their subordinate employee, or from a business entity which provides supplies, equipment or services of the type utilized by the department or division for which the supervisor is assigned. The intent of this prohibition is to effectively prohibit the acceptance of all gifts and honoraria from all current City contractors and vendors and all past City contractor and vendors that did business with the City within no less than five (5) years from the date the gift or honoraria is offered. Gifts and honoraria received in violation of this policy shall be refused and/or returned, with the exception of a gift given to the City and not an individual employee, as verified in writing by the sender. The intent of this prohibition is that City employees will not accept any gifts on the basis of their employment with the City, unless the gift is given to the City for overall employee recognition as addressed in the following paragraph. This prohibition is also intended to be more restrictive than the gift allowance specified in the regulations of the FPPC (Title 2, Division 6 of the California Code of Regulations, Section 18110 et seq.). 4. Gift to City All gifts given to the City for employee recognition shall be immediately turned over to the City Clerk’s Division to determine the value and comply with the reporting requirements pursuant to the Regulations of the FPPC (Title 2, Division 6 of the California Code of Regulations, Section 18110 et seq.) Employee recognition gifts given to the City shall be shared with all employees to the extent feasible, or distributed through the use of a random drawing. Employees required by State law or by the City’s Conflict of Interest Resolution to annually file a Statement of Economic Interests may have gift reporting obligations from any gift acquired in an employee recognition drawing that has a fair market value of $50.00 or more, in accordance with the Regulations of the FPPC and the employee’s designated disclosure category. The City Clerk shall assist employees with a determination of employee recognition prize disclosure requirements. City Council Policy 3.7 sets forth the City’s procedures for Distribution, Use, and Reporting of Tickets or Passes, including those distributed to City employees. 168 Resolution No. 2022-4076 Page 69 5. Non-Profit Fundraiser All employees are prohibited from individually accepting tickets or passes to attend a fundraiser for a non-profit organization exempt from taxation under Section 501(c) of the Internal Revenue Code (an example would be a golf tournament for which the entry fee is paid for by a City contractor or vendor), unless such ticket or pass is given to the City and not the individual employee and the provisions of Policy 3.7 are followed. 6. Gift Exceptions All of the gift exceptions listed in the Regulations of the FPPC are applicable, including but not limited to gifts from family members and gifts approximately equal in value exchanged between an employee and another individual on holidays, birthdays, or similar occasions to the extent that the gifts exchanged are not substantially disproportionate in value. Policy 2.18: 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. The City regulates the employment and placement of relatives, spouses, and domestic partners so as to avoid conflicts of interest; promote safety, security, supervision, and morale; and protect privacy rights. For the purposes of this policy, a “relative” shall be defined to include the following: child, parent, grandparent, grandchild, brother, sister, half- brother, half-sister, aunt, uncle, niece, nephew, cousin, in-laws, and all family members of those enumerated by marriage or domestic partnership including but not limited to step relatives. An applicant for a position, with a relative currently employed by the City, may not be denied the right to file an application for employment; however, the City will not appoint, promote or transfer an applicant or employee to a position, even if the applicant or employee is successfully certified as eligible, where such employment: A. Would place one relative under the direct or indirect supervision of the other relative. B. Would place both relatives in the same department, division or facility. C. Would place both relatives in positions in which they have job duties which require performance of shared duties on the same or related work assignment. 169 Resolution No. 2022-4076 Page 70 D. Would place one of the relatives in a position with access to information concerning confidential personnel matters, which may compromise such confidential information. E. Would create a potential for an adverse impact on supervision, safety, security, morale, or efficiency. F. The applicant for employment is a relative of a then current member of the City Council, City Manager, or City employee designated as Personnel Officer. G. The applicant for employment is a relative of a then current member of a City Council appointed commission or board. The City will not appoint, promote, or transfer a person to the same department, division, or facility in which the person’s spouse or registered domestic partner already holds a position, if such employment would result in any of the following: A. One spouse or domestic partner being under the direct supervision of the other spouse or domestic partner, or in a position to exert influence on the hiring, promotion, transfer, or performance evaluation of another; or B. Potential conflicts of interest or hazards for married persons or those in domestic partnership which are greater than for those who are not married or in domestic partnerships. If two City employees who work in the same department later become spouses or domestic partners, the City Manager has discretion to transfer one of the employees to a similar position in another department. Although the wishes of the two employees will considered, the City Manager retains sole discretion to determine which employee will be transferred based upon City needs for safety, security, supervision, morale, and protection of privacy rights. Any such transfer that results in a salary reduction is not disciplinary and is not subject to any grievance or appeal, or pre- or post-disciplinary appeal due process. If continuing employment of both employees, who work in the same department and who later become spouses or domestic partners, cannot be accommodated in a manner the City Manager finds to be consistent with the City’s interest in the promotion of safety, security, supervision, morale, and protection of privacy rights, then the City Manager retains sole discretion to separate one employee from City employment. Absent the resignation of one employee, the less senior employee will be separated. Any such separation is not considered to be disciplinary and is not subject to any grievance or appeal, or pre- or post- disciplinary appeal due process. Policy 2.19: Personal Social Media Use by City of Moorpark (“City”) Employees and Employees of City Contractors 1. Social media are defined as various forms of user-created content tools such as social networks, blogs, video sharing, pod casts, wikis, message boards and online 170 Resolution No. 2022-4076 Page 71 forums – collectively known as “Web 2.0” or interactive use of the Internet. 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, Instagram, LinkedIn, Pinterest, NextDoor, Snapchat, YouTube, Yelp and others. 2. Social media makes possible the broad and instant dissemination of information and views on a scale and with an ease that was not previously possible. This policy covers both City employees and City contractors. Contractors must require the compliance of their employees with this policy to the extent those employees may be identified or associated with the City. This Policy is intended to help employees and employees of City contractors address issues in relation to all social media, as it currently exists or may exist in the future. 3. This Policy neither encourages nor discourages a City employee or an employee of a City contractor from utilizing social media for strictly personal purposes on the employee’s personal time. The use of social media for work-related purposes is addressed in the City Manager approved Moorpark Administrative Procedure CM- 49. 4. By adopting this Policy, it is not the City’s intention to unnecessarily restrict an employee’s ability to have a personal online presence or mandate what they shall or shall not say. Even with personal use, employees need to be aware of how their use of social media may reflect on them and on the City. The City respects the free speech rights of employees, but these rights are not without limit, especially where the speech impairs the City’s interests in avoiding undue disruption and operating efficiently and effectively. For this reason, and due to the fact that the social media activities of a City employee or employee of a City contractor may otherwise negatively impact the City, the following guidelines have been established to assist City employees and employees of City contractors in acting responsibly in connection with personal use of social media. It is important for all City employees and employees of City contractors to know and adhere to this Policy when using social media in reference to the City. 5. Guidelines for Personal Social Media Use: A. City employees and employees of City contractors are responsible for everything they write and/or post on the internet. At all times, City employees and employees of City contractors shall exercise good judgment and caution when posting anything related to the City on the Internet. One approach is to follow the three R’s. 1) Be clear that you are representing yourself and not the City. 2) Be respectful of your co-workers, those you come in contact with at work, and the community. 171 Resolution No. 2022-4076 Page 72 3) Take responsibility for assuring that any references to the City are correct and accurate, do not breach confidentiality requirements and do not violate policy. B. The City recognizes that employees and employees of City contractors who participate in social media networks may decide to include information about their work with the City as part of their personal profile. This may include, for example, City name, job title and duties. Having identified themselves with the City, employees and employees of City contractors need to be conscious of how their comments and use of social media may reflect on the City and their work. C. At no time shall a City employee or employee of a City contractor post private, confidential, or proprietary information about the City or its employees, elected officials, agents, or the public learned in the course of the employee’s work for the City or the City contractor. D. Social media may not be used in a manner that violates City or departmental policy, such as policies that prohibit sexual and other unlawful harassment, workplace violence or unlawful discrimination. Likewise, bullying or stalking through the use of social media is prohibited where it is contrary to City policy and has a connection to or any impact on the workplace. E. Post only what you want the world to see. While privacy settings may be available in some social media, sometimes they do not work as the user anticipated and their effectiveness may change with updates to the social media service. Also, it may be possible for those granted private access to either re-post material publicly or to grant access to others. Deleting information on a site does not necessarily mean that it is not accessible. Always assume that anything written about an elected official, supervisor or co-worker will be read by them, and potentially others. F. Employees should be respectful of their co-workers and not post images of co-workers on social media sites without the co-worker’s consent. G. Employees and employees of City contractors shall not post any non-public images of City premises and property, including floor plans. Taking photos or videos on personal devices, including cell phones, in private areas is prohibited. Private areas may include locker rooms, rest rooms, dressing areas or other areas designated by the applicable department. This is not intended to restrict photos or videos taken for internal City or department use or for department sanctioned training purposes. It is also not intended to restrict photos and videos of public areas or secure areas taken for purposes of safety, security or monitoring. H. City employees and employees of City contractors should be mindful of copyright and fair use issues related to their work and not post material in 172 Resolution No. 2022-4076 Page 73 violation of any federal, state or local law or that which may expose the City or the City employee or employee of a City contractor to legal liability. I. Employees should be mindful of blurring their personal and professional lives when engaging in social media activities. Personal use of social media is to be restricted to personal sites, registration and memberships. City email addresses or accounts and passwords are not to be used in connection with the personal use of social media. Employees and employees of City contractors may not use the City seal, logo or slogan, uniforms, trademarks, and/or branding imagery on any social media without written permission from the City Manager or his/her designee. J. If a City employee or employee of a City contractor posts information or comments about the City from a strictly personal viewpoint, which information or comments are not otherwise in violation of this Policy, it is recommended that language be added to make it clear that the views expressed are not reflective of the City’s views as follows: “The opinions expressed on this site are my own and do not necessarily represent the views of the City of Moorpark.” K. The City’s computer systems, software and equipment are for business purposes only; therefore, personal use by City employees or employees of City contractors for social media purposes is prohibited. Personal use of social media on private owned equipment shall not occur on City paid time and shall not interfere with City employee and City contractor work responsibilities. L. A City employee who violates this Policy may be subject to disciplinary action up to and including termination of employment, and may be required to correct or remove a social media post that violates this or any other City policy. M. If an employee of a City contractor violates this Policy, the City may require remedial measures and may initiate suspension or termination of the contractor agreement, subject to the provisions of the agreement. 6. Questions regarding social media issues and this Policy may be directed to an employee’s supervisor, department head, or the Personnel Officer. Policy 2.20: 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. 173 Resolution No. 2022-4076 Page 74 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, blogs, video sharing, pod casts, wikis, message boards, sites, platforms, and online 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, Instagram, LinkedIn, 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 online 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 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 174 Resolution No. 2022-4076 Page 75 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. 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 175 Resolution No. 2022-4076 Page 76 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. Policy 2.21: Waste Reduction and Recycled Content Product Procurement Practices 1. The City shall purchase and use reusable, recyclable, and recycled products whenever possible to the extent that such use does not negatively impact health, safety, economic constraints, performance standards or operational efficiency. 2. When approved by the City Manager, a not-to-exceed ten (10) percent price preference may be given to qualified products that are reusable, recyclable, or made from recycled material. 3. Recycled paper shall be used for products that are highly visible to the public, including letterhead, copy paper, and business cards. 4. When recycled products are used, reasonable efforts shall be undertaken to label them to indicate that they contain recycled materials. 5. All City staff shall practice waste reduction procedures, such as duplex copying, avoiding excess packaging, and minimizing use of disposables (toner cartridges, kitchen supplies, etc.). 6. Each City department shall examine purchasing requirements and maximize use of products that are durable, reusable, recyclable, and made from recycled feedstock. Such products could include office supplies, compost, motor oil, paint, tires, and construction materials. 7. Contractors and consultants bidding to provide products or services to the City should demonstrate compliance with the City’s purchasing and waste reduction practices to the greatest extent possible. 8. The City shall incorporate conditions of approval for new residential and commercial construction that will require adequate space for recycling activities. 9. The City shall investigate joint purchasing opportunities with other local governments as a way to maximize economic benefit to all jurisdictions. 10. Staff from the Finance Department and the Department assigned responsibility for the Solid Waste and Recycling Division shall meet annually to review purchasing 176 Resolution No. 2022-4076 Page 77 practices and shall propose any identified changes to the City Manager for possible adoption and implementation. SECTION 3. POLICIES ADMINISTERED BY CITY MANAGER’S OFFICE Policy 3.1: City Manager Approval of Cellular Telephone Reimbursement for Designated Competitive Service Employees The City Manager may approve a monthly cellular (cell) phone allowance of $45.00 for a Competitive Service employee whose duties, as determined by the City Manager, necessitate access to a cell phone. Employees receiving a cell phone allowance shall be subject to compliance with cell phone standards to be approved by the City Manager. Such standards shall include, but not be limited to, the cell phone company to be used, the service area, and voice mail and paging capabilities. In addition to the monthly allowance, the City shall reimburse the designated Competitive Service employees up to a maximum of $125.00 every two years upon submittal of an invoice showing proof of payment for a new cell phone that is in compliance with the established cell phone standards. City Manager approval is required prior to an employee receiving the monthly allowance and the cell phone acquisition reimbursement. Additionally, as a condition of receiving the cell phone allowance, the employee will be required to sign an agreement to provide to the City all City business related cell phone electronic communication records that may be requested by City, in full compliance with the Public Records Act. (Cell Phone reimbursement provisions for Management employees are addressed in the City’s Management Benefits resolution.) Policy 3.2: 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, and Authorization for City Manager to Allow, Settle and/or Compromise any Claim Filed against the City Having a Value Not to Exceed $50,000.00 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. Pursuant to the authority provided in California Government Code 935.4, the City Council authorizes the City Manager by written order to take administrative actions necessary to allow, settle, and/or compromise any claim filed against the City having a value less than $50,000.00, in the quickest most efficient manner possible, including a written order for a warrant to be drawn upon the treasury of the City in the amount for which a claim has been allowed, compromised or settled for an amount not to exceed $50,000.00. 177 Resolution No. 2022-4076 Page 78 Policy 3.3: 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. Policy 3.4: Pre-Qualification of Bidders 1. City Program The City Manager shall cause to be prepared, the City of Moorpark Bidder Pre- Qualification Program (herein “City Program”). The City Program shall set forth guidelines and procedures related to the pre-qualification of bidder for Projects as defined herein. The City Program shall be consistent with the requirements of a) Sections 1103, 4107 and 20101 (AB574) of the Public Contracts Code and statues amendatory or supplementary thereto, and b) the bidder pre-qualification model documents promulgated by the State Department of Industrial Relations (herein “DIR”). The City Program shall be maintained and updated as needed, by the City Manager or his/her designee. 2. Applicability All construction projects with an estimated construction cost exceeding one million dollars ($1,000,000.00) (herein “Project”) shall require the pre-qualification of bidders. To that end, the bidding documents for all Projects shall include provisions for the pre-qualification of bidders in a manner consistent with the procedures and requirements set forth in the City Program. Notwithstanding the above, certain exceptions to these requirements may be authorized as follows: A. The City Manager may waive bidder pre-qualification for any Project, provided a report is forwarded to the City Council at least ten (10) days prior to the Notice Inviting Bids, stating the reasons for, and/or the benefits resulting from, such a waiver; and B. The City Council may waive these requirements for any Project. 3. Project Specific Program vs. Annual Program 178 Resolution No. 2022-4076 Page 79 The DIR “model documents” describe two separate programs: a) one for “project specific” bidder pre-qualification; and b) one for an annual bidder pre-qualification process. The City Program shall set forth a project specific bidder pre-qualifications process. However, should it be determined by the City Manager that it would be in the best interest of the City to administer an annual bidder pre-qualifications process for a number of Projects, the City Program shall be modified for such purpose, provided all such revisions and modifications are consistent with the requirements of the DIR model documents. 4. Evaluation Committee Pre-qualification packages shall be reviewed and scored by an Evaluation Committee. The Evaluation Committee for each Project or annual process shall consist of one (1) to three (3) staff members or consultants retained for such purpose, as determined by the City Manager or his/her designee. 5. Appeals Panel The Appeals Panel shall consist of one or more staff members or consultants retained for such purpose, as determined by the City Manager, provided that no member of the Evaluation Committee shall sit on the Appeals Panel. Further appeal shall be to the City Council in accordance with Section 2.04.080 of the Municipal Code. Policy 3.5: First-Time Home Buyer Affordable Housing Program Periodically, the City will make available for sale one or more attached or detached dwelling units to very low, low, or moderate income persons/households as further defined below as part of its First-Time Home Buyer Affordable Housing Program (Program). This policy sets forth the primary criteria for eligibility for participation in said Program and determining priority for participant selection. This policy also sets forth 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 category as the original buyer at the time of the initial sale. Other criteria to determine participant eligibility and to ensure compliance with this policy, including but not limited to purchase agreement documents, shall be established by the City Manager prior to the advertisement of the availability of one or more affordable dwelling units as part of the Program. The City Manager is also authorized to establish requirements for any and all refinancing and resale and for enforcement of the residency provisions of this policy. 1. Home Buyer Qualification Guidelines 179 Resolution No. 2022-4076 Page 80 A. Low Income (less than 80 percent of Ventura County median income based on household size); Very Low Income (less than 50 percent of Ventura County median income based on household size); and when applicable Moderate income (less than 120 percent of Ventura County median income based on household size). B. First-time home buyers (no previous home, mobilehome, or land ownership within seven years of submitting an application). C. First priority for City of Moorpark residents who have lived in the City of Moorpark for no less than one year prior to Program application deadline (Category 1). City shall require documentation to verify City of Moorpark residency. Said documentation may include, but not be limited to a rental agreement, utility bill, or tax returns. Only one applicant needs to be a City of Moorpark resident during the past year. D. Second priority to people who have worked within the City of Moorpark for no less than one year prior to Program application deadline (Category 2). E. Third priority all others (Category 3). F. Three percent (3%) minimum down payment, based on the affordable sales price. Down payment must be seasoned into an account no less than ninety (90) days prior to application date. G. Applicants shall also have an additional three percent (3%) of the affordable sales prices to be used to pay closing costs and fund the impound account. This requirement can be satisfied by a gift letter, retirement funds (50% of the market value), and/or seasoned funds in the applicants bank account (a combination of these items may also be used). H. Non-occupant co-borrowers are not allowed and no more than two related or unrelated people can take title of an affordable unit. I. Applicants shall sign an acknowledgement stating that they have read and understand City Council Policy 3.5 as part of the application submittal. 2. Selection Process A. Advertisement of program and orientation meetings on City website, City government channel, and distribution of a press release and other means as determined by the City Manager. B. Mandatory attendance of all interested buyers at an orientation meeting. Reservations shall be made via email. A copy (hard copy or displayed on a mobile device) of the confirmed reservation and a picture identification are needed to participate in the orientation meeting. 180 Resolution No. 2022-4076 Page 81 C. Pre-screening applications are offered at the end of the orientation meetings. A one hundred ($100.00) non-refundable application fee is due at the time the application is submitted to the City for consideration. D. City-approved lenders shall be used to finance the purchase of the affordable unit(s). E. City-approved Home Buyer Education required prior to purchase, and City- approved post-purchase home owner workshops (foreclosure intervention, predatory lending, etc.) required after close of escrow. City will retain five hundred dollars ($500.00) at the close of escrow from the buyer. City will release the five hundred dollars ($500.00) to the buyer if the post-purchase home owner workshop has been completed within one year of the close of escrow. F. A public lottery drawing shall be conducted for residential developments with affordable units. Applicants may participate in the lottery process for more than one development or request the first available unit. Applicant shall take the first available unit, including a resale unit. Each lottery will consist of three “mini-lotteries” for the three priority categories listed in Section 1 of this policy. Categories will be exhausted before moving to the next category (Category 1 first, followed by Category 2, followed by Category 3). G. The income category for an applicant shall be determined when the application is reviewed, prior to the lottery. If an applicant’s personal, financial or other circumstances change and it is later determined they are no longer eligible in that income category, then they shall no longer be eligible for any units that might be available during the applicable lottery drawing period. H. The household size for an applicant shall be determined when the application is received, prior to the lottery. The applicant shall provide names, relationship to applicant and other requested information of each household member as part of the application. Except for birth or adoption of a minor child, no changes to household size or members shall be allowed prior to close of escrow. I. Except for minor children subject to a court order for joint custody, any discrepancies of the dependents listed on the applicant’s federal taxes and the household occupants listed on the application shall be cause for the application to be denied and applicants to be disqualified from further participation in the Program. The applicant shall be informed in writing of such disqualification. 3. First-Time Home Buyer Affordable Housing Program Participant Exclusion List A. Members of the Moorpark City Council, Moorpark Planning Commission, Moorpark Parks and Recreation Commission, Moorpark Arts Commission, and Library Board Members. 181 Resolution No. 2022-4076 Page 82 B. Mayor and City Council appointees including but not limited to Air Pollution Control District Advisory Committee, Area Housing Authority, Senior Center Advisory Committee, Area Agency on Aging, and Citizens Transportation Advisory Committee. C. All City employees in non-competitive service (management positions). D. Financial institutions participating as lenders for the Home Buyer Program. E. Developers and Developer’s General Contractor(s) for specific projects they developed or constructed that contain 1 or more affordable units. F. Developer’s subcontractors, subsidiaries, partnerships, and affiliates, including but not limited to title, escrow, and lending companies. G. City contractors involved with City/Successor Housing Agency First-Time Home Buyer Affordable Housing Program and affiliates of these City contractors, as determined by the City Manager on a case-by-case basis, which may include title and escrow companies, contractors, subcontractors, subsidiaries, partnerships, and affiliates of these City contractors. H. Family members of A – G above are excluded for all of the above-listed participant exclusions. “Family members” is defined as follows: mother, father, grandfather, grandmother, aunt, uncle, cousin, sister, brother, son, daughter, step-son, step-daughter, son-in-law, daughter-in-law, nephew, niece, grandchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, spouse as defined as a partner in marriage (California Civil Code Section 4100), and domestic partner as defined by California Family Code Section 297 and including the requirement for the filing of a Declaration of Domestic Partnership with the Secretary of State. In addition, “family members” shall be defined to include non-blood relatives as a result of a subsequent marriage commonly referred to as a step-relative, including but not limited to step- mother, step-father, step-sister, step-brother, step-son, step-daughter, step- grandchild, step-mother-in-law, step-father-in-law, step-brother-in-law, and step-sister-in-law. 4. Housing Pricing, Selection of Units, HOA Reimbursement, and Refinancing A. Units will be priced based on Affordable Housing Cost for the family size appropriate to the unit (Section 50052.5, b-c and h), regardless of size of actual household:  3 bedroom unit priced for a household of 4  4 bedroom unit priced for a household of 5 B. Resale price for affordable units will be based on Affordable Housing Cost at time of resale. Affordable Sales Price is not based on market price at initial sale, or at resale. (City will provide this information to homeowners in this 182 Resolution No. 2022-4076 Page 83 Program on an ongoing basis.) A resale of the affordable unit shall be required when two unrelated people are on title and one would like to sell their interest within three (3) years after the close of escrow. If one of the owners on title would like to remain in the affordable unit and they have occupied the affordable unit for three (3) or more years, the remaining owner would need to be re-qualified at the income category (moderate, low, or very low) the unit is designated without adding another co-borrower/buyer. If the remaining owner no longer qualifies, the unit will need to be sold to another qualified, City approved buyer. In the event of a divorce, one of the owners may retain the affordable unit without re-qualifying at the designated income category upon providing court approved documentation identifying disposition of the affordable unit. In this situation, the City will allow a refinance so that the departing owner may receive their share of the equity if the owners are in compliance with all conditions and requirements of this policy to the sole satisfaction of the City. The amount of the refinance shall not exceed the current affordable sale price minus twenty thousand ($20,000.00) dollars (a cash out refinance is only allowed in a divorce situation). C. Applicants will be assigned a unit in their income category based on household size, following conditional loan approval. Household size will be determined at the time of receipt of application. At its discretion, the City may assign a unit with more bedrooms than the applicant would otherwise be eligible for, if it is the last unit that is available during the applicable period of the Priority List. D. Home Owner’s Association (HOA) dues reimbursement. Program participants shall be eligible for reimbursement of monthly HOA dues for the amount over one hundred ($100.00) or two hundred ($200.00) per month, depending on the project Development Agreement language, for the maintenance of common areas in the following manner: 1) Program participants of homes purchased prior to July 1, 2015 were eligible for HOA dues reimbursement through June 30, 2016, and are no longer eligible. 2) Program participants of homes purchased after July 1, 2015 shall be eligible for HOA dues reimbursement for a period not to exceed thirty- six (36) months from the date of purchase (close of escrow). 3) Reimbursements shall be made on a quarterly basis (3 months at a time) and proof of dues payment must be submitted for reimbursement within six (6) months of the month within which it was due (e.g. January dues must be requested by June 30th). The following items are required for reimbursement: Copy of cancelled check (front and back) with name and the address of the property, or bank statement showing owner name and the debit from the account, and a copy of invoice(s) 183 Resolution No. 2022-4076 Page 84 from the HOA showing the dues payment and no past due balances. No reimbursement will be made for penalties or late fees. 4) HOA reimbursements shall terminate if reimbursement requests have not been submitted during a twelve (12) month period. E. Refinances and Additional Deeds of Trust. The written consent of the City Manager shall be required prior to any refinancing of any loan secured by a deed of trust on the affordable unit. The City shall allow refinancing of the first deed of trust under certain circumstances, but will not allow any junior deeds to the City’s loan. All refinances will be subject to the current rules and regulations at the time of the refinance. The City shall not have the right to exercise its option to purchase the affordable unit in such event, but any refinances (as defined below) shall be consistent with the following provisions and other requirements established by the City Manager: 1) The City will not unreasonably withhold approval of a refinancing if it meets the following criteria: a) If the refinancing occurs not sooner than three (3) years after the initial closing; b) If the Owner is not receiving a cash payment or payment of consumer debt from the equity in the affordable unit; and c) If the Owner has maintained a good credit history and satisfactory performance under the City’s First-Time Home Buyers program, in the judgment of the City Manager or his or her designee. F. Equity Share. In the event of a re-sale of the affordable unit, where as a result of an increase in the Ventura County Median Income and there is a net amount of sale proceeds remaining after the payment of the first mortgage, credit for principal reductions of the first mortgage, and Seller’s original down payment, such net proceeds shall be distributed as follows: 1) Seller will receive the first $20,000. 2) The remaining equity shall be split one-third to seller and two-thirds to the City provided that the City’s share of appreciation will not as a percentage exceed the principal amount of the second loan amount divided by the appraised market value of the property at time of initial origination. Any appreciation that exceeds the above described percentage will go back to the buyer. 184 Resolution No. 2022-4076 Page 85 5. Primary Residence and Rental Prohibition All buyers shall occupy the affordable unit as their primary residence at all times. No portion of the affordable unit shall be rented or leased for any period of time. This includes but is not limited to written or verbal agreements for renting or leasing a room or accepting other forms of payment to allow one or more persons other than those listed on the application to reside at the unit. 6. Title to Real Property Applicants shall take title of the affordable unit as joint tendency. Any change to title not preapproved by City Manager in writing will result in a sale of the affordable unit. 7. City Staff Authority A. The City Manager is authorized to interpret this policy as needed and to execute all affordable housing project deferred loan agreements and repayment documents for all affordable housing projects for which the City will own an equity share. The City clerk is authorized to accept interest in real estate secured by any Deed of Trust associated with this program. B. The City Manager is authorized to exclude First Time Home Buyer Program participants from applying in future rounds of the program if they are found to have omitted or supplied false or misleading information on any application to participate in the program. C. Upon owner misrepresentation or the default or breach of any covenant or agreement in the Promissory Note, the Resale and Refinance Restriction Agreement and Option to Purchase Property or the City Second Mortgage Deed of Trust, including, but not limited to, the covenants to pay, when due, any sums secured by the Deed of Trust, the City, at its option, may pursue the following remedial steps and actions, in addition to any other remedies provided by the above-mentioned documents or at law. The City will send notice to the borrower specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than thirty (30) days from the date the notice is effective, by which such breach is to be cured; and (4) that failure to cure such breach on or before the date specified in the notice shall, at the option of the City, result in acceleration of the outstanding sums under the Promissory Note (i.e., the entire sum owing on the Promissory Note becoming immediately due and payable.) If after those procedures such sums are not paid, then the City may, at its option commence the process for non-judicial foreclosure of the property. The notice and opportunity to cure shall not apply to defaults that are not curable, the failure to pay the sums due upon acceleration, or to a transfer that violates restrictions on transfers (such as a sale to a person or persons who is not a purchaser preapproved by the City.) 185 Resolution No. 2022-4076 Page 86 Policy 3.6: Appointment of Personnel Officer The City Manager may by letter designate a qualified city employee to exercise any of the powers and perform any of the duties conferred upon him/her as Personnel Director to the Personnel Officer for administering the City’s Personnel System pursuant to Chapter 2.56 of the Moorpark Municipal Code and Sections 1.37 and 2.1 of the City Council Resolution adopting Personnel Rules for Competitive Service Employees. The letter of appointment shall be filed in the appointee’s personnel file with a copy to the City Council and City Clerk. Policy 3.7: 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. 186 Resolution No. 2022-4076 Page 87 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. 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. 187 Resolution No. 2022-4076 Page 88 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. 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. 188 Resolution No. 2022-4076 Page 89 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. 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.B, 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 189 Resolution No. 2022-4076 Page 90 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.B. 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. Policy 3.8: 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 3.9: 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 3.2. 190 Resolution No. 2022-4076 Page 91 Policy 3.10: Safe Harbors Adoption and the 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 purpose and intent of this policy is to address the Patient Protection and Affordable Care Act (“ACA”) which was 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 intends to use the affordability safe harbors as contemplated in the final regulations and to use good faith efforts to comply with legal requirements under the ACA even though such final regulations have not yet been fully developed.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 (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. 1. The City hereby establishes the Look Back Measurement Method Safe Harbor with regard to all employees for the purpose of identifying full-time employees for IRS reporting purposes relating to the Assessable Payment. 2. The City does not establish the Look Back Measurement Method Safe Harbor for the purpose of determining eligibility for an offer of medical coverage as to any employee. All represented employees’ eligibility for an offer of medical coverage shall be governed by the terms of any applicable memorandum of understanding. 3. For each reasonable category of employees, the City in its sole discretion, but on a uniform and consistent basis for all of the employees in a reasonable category, will apply one of the three affordability safe-harbors (i.e. Form W-2 Safe Harbor, Rate of Pay Safe Harbor, or Federal Poverty Line Safe Harbor) to determine the affordability of the minimum value coverage that it may, if applicable, offer to its full-time employees. 4. The City Council hereby delegates the following Safe Harbors Adoption and the Affordable Care Act (ACA) authority to the City Manager, including his/her designee(s) to approve operational procedures: A. Creation of an ACA administrative procedure that establishes measurement, administrative, and stability periods; governs the measurement and tracking of employees’ hours of service; and/or otherwise establishes procedures in accordance with Section 4980H to comply with the Look Back Measurement Method Safe Harbor. 191 Resolution No. 2022-4076 Page 92 B. Establishment of the administrative procedure to comply with any of the three affordability safe harbors in accordance with and as permitted by Section 4980H. C. Ability to modify the administrative procedure to ensure the City’s compliance with Sections 4980H and 6056 of the Internal Revenue Code. D. Authority to approve additional City contributions towards health insurance as is required to keep the employee payment affordable under the ACA. Policy 3.11: Payment Arrangement Policy 1. The City Manager is responsible for implementing this policy. 2. Purpose. The Moorpark Municipal Code designates circumstances where the City Manager is authorized to waive costs and expenses relevant to administrative citations and public nuisance cases. It is the intent of this policy to extend the City Manager’s authority to make payment arrangements. 3. Policy Regarding Payment Plan. The City Manager is hereby granted authority to establish a payment plan or arrangement with a person or entity requesting a payment arrangement in order to pay administrative citation fines and the costs and expenses associated with public nuisance cases, and enter into a payment agreement with that person or entity. The maximum term of the payment arrangement shall not exceed 12 months. The Finance Department is responsible for tracking the payments required by the payment agreement until the amount is paid in full. The City Manager’s authority to enter into a payment agreement is not subject to the City Manager’s contracting authority limits as set forth in Section 2.12.120. 4. Persons Ineligible for Payment Arrangements. A. Members of the Moorpark City Council, Moorpark Planning Commission, Moorpark Parks and Recreation Commission, Moorpark Arts Commission, and Library Board Members. B. Mayor and City Council appointees including but not limited to Air Pollution Control District Advisory Committee, Area Housing Authority, Senior Center Advisory Committee, Area Agency on Aging, Citizens Transportation Advisory Committee, and Teen Council. C. All City employees in Non-Competitive Service (management positions). D. Any and all City contractors and affiliates of these City contractors, as determined by the City Manager on a case-by-case basis, which may include 192 Resolution No. 2022-4076 Page 93 contractors, subcontractors, subsidiaries, partnerships, and affiliates of these City contractors. E. Family members of A. – D. “Family members” is defined as follows: mother, father, grandfather, grandmother, aunt, uncle, cousin, sister, brother, son, daughter, step-son, step-daughter, son-in-law, daughter-in-law, nephew, niece, grandchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, spouse as defined as a partner in marriage (California Civil Code Section 4100), and domestic partner as defined by California Family Code Section 297 and including the requirement for the filing of a Declaration of Domestic Partnership with the Secretary of State. In addition, “family members” shall be defined to include non-blood relatives as a result of a subsequent marriage or domestic partnership, commonly referred to as a step-relative, including but not limited to step-mother, step-father, step-sister, step-brother, step-son, step-daughter, step-grandchild, step-mother-in-law, step-father-in-law, step- brother-in-law, and step-sister-in-law. 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: Refunds for Business Registration The City will not issue refunds for business registration permits. Policy 4.3: 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 193 Resolution No. 2022-4076 Page 94 Program, and updates as needed from time to time, are delegated to the Community Development Director. 1. Program Objective: The objective of this Code Compliance Program is to create a clear, concise guide to achieve compliance with the Moorpark Municipal Code. This Program is designed to promote code compliance through public awareness. 2. Program Purpose: The Moorpark Municipal Code sets minimum property maintenance standards for health, safety, welfare, aesthetics and compliance with development standards and conditions of entitlement approvals. Code Compliance staff will be assigned a structured schedule for visits to the City’s industrial, commercial and residential neighborhoods to ensure compliance with the Municipal Code in such areas as:  Unkempt yards and overgrown vegetation  Junk, litter, and debris/illegal dumping  Storage of inoperable vehicles  Unpermitted outdoor storage  Abandoned or unsafe buildings  General property maintenance issues (broken windows, deteriorated roofs, hazardous properties, broken plaster, peeling paint)  Excessive noise  Illegal signs and banners  Keeping of animals/farm animals in excess of allowed numbers  Garage conversions and other unpermitted occupancies  Structures constructed without a City permit  Grading without a City permit  Adherence to entitlement permit conditions, if applicable In addition to a regular schedule, occasional weekend and evening work may be needed to address unique code compliance concerns that are not visible or are not occurring during regular hours of work. The Community Development Director (Director) is responsible for the Code Compliance Program. The Director may designate other staff for supervision and implementation of the Program. 3. The Work Program: This work program is divided into four major categories:  Administration  Public Awareness  Prosecution  Safety 194 Resolution No. 2022-4076 Page 95 A. Administration. The Director is responsible for and administers the Code Compliance Program. In that regard, Code Compliance staff, including any assigned supervisor, is the direct line staff responsible for the implementation of the Code Compliance Program. Standard forms, letters and documents are used to assure consistency in administration. These forms, letters and documents, as approved by the Director, are based upon four types, 1) Investigation Report, 2) Compliance Request Letters, 3) Administrative Citations and 4) City Attorney Letter. The Director may issue additional procedures and guidelines to implement and clarify as determined necessary. 1) Investigation Report: The Investigation Report (as approved by the Director) is used to document the report of a code compliance request and to document ongoing staff actions. A request may be made by telephone; electronic mail; traditional mail; in person or through a field contact; or by city staff, Council or an appointed Committee or Commission member. The identity of the reporting party is considered by the City to be confidential information; however, if the investigation leads to the filing of a court case, it may be determined by the City Attorney to be discoverable. Upon receipt of a code compliance request, an Investigation Report is prepared. The purpose of the Investigation Report is to document a potential violation. Once the request has been made it is logged in and staff schedules a field visit to ascertain if a violation exists. If the staff determines that a violation does not exist, the complainant may be informed by telephone, email, or by traditional mail. If a code violation is determined, a Code Compliance Case Number will be assigned, a file created, and a Notice of Violation sent to the property owner or responsible party. Contact with the property owner or tenant may be made at the time of the field investigation if the Director or his/her designee has determined it to be necessary and appropriate. The reporting party may only be informed that a case has or has not been opened, but may not be given any other information with respect to details on the violation(s) or remedy, unless the reporting party is a City employee, contract employee of the City, Police Department employee, Fire Department employee, or other public employee and the report was made in the employee’s official capacity as a public servant. All information will be entered into the Code Compliance Log utilizing City approved software. 2) Compliance Request Letters: There are a series of form letters, (as approved by the Director) which are used to inform property owners regarding Municipal Code violation(s) and the progressive course of action to obtain voluntary compliance. The Notice of Violation is initially sent to indicate that a violation has been verified by the City and voluntary compliance is requested by a specific date, generally within a thirty (30) calendar day time period, depending upon the 195 Resolution No. 2022-4076 Page 96 extent of the violation. A second Notice of Violation may be sent, depending on the circumstances and the extent of the violations. If compliance is achieved within the given period, or within an alternative time period mutually agreed to after the first contact, a Notice of Compliance is sent and the case is closed. If voluntary compliance is not achieved, a Notice of Office Hearing is sent setting a date for an Office Hearing, and reminding the responsible party that voluntary compliance is desired. The Office Hearing purpose is to work out a plan of action directly with the property owner in order to obtain compliance and to recover City costs, where possible. A Follow-up letter is sent after the Office Hearing, documenting the agreed to plan of action. If compliance is still not obtained, an Administrative Citation is issued, or permission to recommend filing of legal action is requested from the City Council (See “Prosecution” below). If City Council authorizes legal action, Notice of Pending Court Action is sent to the property owner, certified mail, return receipt requested. 3) Administrative Citations: The Administrative Citation process can effectively be used in cases of repeat offenders, egregious violations, or non-static violations, such as vendors and peddlers. When authorized by the Director, Code Compliance staff may issue an Administrative Citation. If the violator fails to comply with the Code within a reasonable period of time after the initial Administrative Citation, additional Administrative Citations could be issued until compliance is achieved. 4) City Attorney Letter: A letter prepared by the City Attorney signals to the violator the final opportunity for compliance prior to prosecution. This letter advises that the case has been turned over to the City Attorney, and includes a final compliance date has been set, a warning that legal remedies will thereafter be sought, and a warning that a Notice of Violation will be recorded against the property to give prospective future buyers constructive notice that a violation exists on the property at the time of sale. B. Public Awareness. Violations of the Municipal Code occur due to at least two factors, i.e. the laws are not clear or are not generally known. Pamphlets to inform the public have been prepared, in English and Spanish, on specific topics including, but not limited to garage conversions, property maintenance, grading, signs, and temporary events. These pamphlets are available at City Hall public counter, on the website, and through personal distribution. The City newsletter may be used to advertise the availability of these pamphlets and periodically publish articles on code compliance issues. The City cable channel may also be used to provide information regarding code compliance. 196 Resolution No. 2022-4076 Page 97 C. Prosecution. When all administrative and awareness remedies have been exhausted without achieving compliance; the case will be submitted to the Director, who will confer with the City Manager and City Attorney to evaluate the merits of a case prior to presenting it to the City Council. If the City Council concurs with the findings of the Director that the case should be pursued, the City Council will make a determination as to whether to recommend that the City Attorney seek a civil remedy (injunction, nuisance abatement, etc.) or to submit the case to the City Attorney for possible criminal prosecution. Once a case is turned over to the City Attorney’s office for prosecution, the City Attorney’s office will be responsible for managing the case, with support from the Code Compliance staff as requested by the City Attorney’s office. The City Attorney will review the case to determine whether sufficient probable cause exists prior to filing any criminal action and may also be authorized by the City Council or City Manager to seek a Civil Compromise in lieu of a prosecution. The Civil Compromise is a binding agreement between the City and the violator, where the violator agrees to remedy the violation within a certain period of time and reimburse the City for staff costs, attorney costs and other administrative costs. After City Council’s election to recommend a case for prosecution, Code Compliance staff will prepare a draft complaint for the supervisor, Director, and City Attorney to review, revise and file with the Superior Court. Upon acceptance by the Superior Court, an arraignment is scheduled. Prior to arraignment, the City Attorney and the party responsible for the violations may hold a meeting to discuss the case. Staff from the City Attorney’s office shall coordinate with the Director or his/her designee to determine if any Code Compliance staff need to be present at this meeting. At the arraignment, the responsible party may request a continuance to work out a plan of action with the City, plead guilty and agree to a plan of action, or plead not guilty. In those circumstances when a not guilty plea is entered, the case is held over for trial. D. Safety. The Code Compliance staff, including any assigned supervisor, are responsible for minimizing risk of personal harm by avoiding entering potentially dangerous buildings or potentially dangerous situations in the field, including but not limited to a building which appears structurally unstable or has visible unstable building elements; buildings with strong odors, including but not limited to a potential natural gas leak or gasoline spill, or the odor of a deceased animal or person; and properties with known residents with a criminal history or gang affiliation, which may represent risk of harm to a City employee without Police escort. If a building or situation has a reasonable probability of being dangerous, the Code Compliance staff shall not proceed with an inspection until the Director or his/her designated code compliance supervisor has arranged for escort by Police, Fire, or Building and Safety staff as appropriate. The Code Compliance staff shall not enter a building that 197 Resolution No. 2022-4076 Page 98 appears structurally unsafe, and shall use appropriate protective equipment in buildings that appear structurally safe but have conditions that warrant the use of protective equipment, such as apparent lack of sanitary conditions, which may include solid waste accumulation. City-provided protective equipment such as a hard hat, work gloves, and a face mask shall be used as appropriate in such situations. Code Compliance staff shall not carry any legal or illegal weapons, such as a gun, knife, pepper spray, mace, club, etc., or carry tools that may appear as weapons. The appropriate response to a situation that is perceived to be potentially dangerous, or becomes dangerous, is to exit that situation and call 911. 4. Community Outreach Programs: To increase public awareness, decrease code compliance calls, and increase efficiencies in code compliance the following programs will be periodically implemented. A. Solid Waste Refuse Bill Inserts and/or City Newsletter Articles: This program would periodically insert public information regarding code compliance, such as awareness of the dates each year that unlimited dumping is permitted at the landfill and the number of times per year that scheduled free pick up of large items may be arranged. Greater awareness of this kind of refuse program may decrease the amount of illegal dumping and property maintenance issues. B. Managed Enforcement/Neighborhood Development (MEND): MEND would be implemented to maintain the quality of our neighborhoods. Experience has shown that over time, if left unchecked, small problems develop into major problems that can result in neighborhood decline. The MEND Program is designed to identify problems and intervene early for compliance. MEND would provide proactive awareness and compliance within residential and commercial neighborhoods taking a coordinated multi-agency approach focusing first on existing nuisance properties, one neighborhood at a time. Representatives from Code Compliance, Police, Fire, Building and Safety, Community Services and Public Works would participate in the Program. Staff would develop an inspection schedule for each residential, commercial and industrial neighborhood, eventually covering the entire City. C. Community Outreach: Community outreach would be a program to meet with community groups at least annually to discuss the code compliance process, and identify the most common types of violations and what permits are required for various activities. The Code Compliance staff, supervisor, and/or the Director would offer to meet with homeowner association boards, the Chamber of Commerce Board, merchant groups, service clubs and the like as needed to educate its members on the City’s Code Compliance Program, how it works, and why it is beneficial to the City. Copies of business cards 198 Resolution No. 2022-4076 Page 99 and other material such as Code excerpts and pamphlets would be made available. Policy 4.4: 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. Policy 4.5: Enforcement of Section 8.14.140 (Prohibition Against Maintaining Graffiti on Private Property) of the Moorpark Municipal Code on Properties Maintained for Single-Household and Two-Household (Duplex) Residential Use In recognition that graffiti removal can be an excessive burden on residential property owners, additional steps in code compliance will be taken to assist these property owners in removing the graffiti as follows: 1. A standard code compliance letter will be sent to the owner of property maintained for single-household or two-household (duplex) residential use indicating the timeframe by which the graffiti must be removed consistent with Section 8.14.140 of the Moorpark Municipal Code: For graffiti that can only be seen from a public alley or from public or private property not accessible by the general public, twenty-one (21) days from the date the notice is mailed, shall be given to abate the graffiti. In all other cases, five (5) days from the date the notice is mailed shall be given to abate the graffiti; 2. If the property owner has not abated the graffiti within the timeframe stated in the letter, code compliance staff will attempt to contact the property owner in person or by telephone to discuss the matter and arrange for a date by which the property will be brought into compliance. If personal contact is unsuccessful, a standard second code compliance letter will be sent to the property owner. Once contact has been made or a letter has been sent, City staff will allow seven (7) days for the graffiti to be abated before taking further action consistent with Policy 4.3; and 3. Community Development staff will assemble and maintain a list of volunteer organizations and individuals who are willing to abate graffiti on private property. The list will include a disclaimer prepared to the satisfaction of the City Manager and City Attorney that the City will assume no responsibility for any work performed by the listed volunteers and any agreement between the property owner and the volunteers is a private matter. The list will be provided to the property owners if, in their contact with City staff, there is an indication that assistance is needed in abating the graffiti. 199 Resolution No. 2022-4076 Page 100 Policy 4.6: 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 X.X: 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 200 Resolution No. 2022-4076 Page 101 upon resale the affordable dwelling unit is sold to a City approved buyer in the same income category as the original buyer at the time of the initial sale. . The policy, with its o-going administration and revision from time to time as necessary, is delegated to the Community Development Director. Periodically, the City will make available for sale one or more attached or detached dwelling units to very low, low, or moderate income persons/households as further defined below as part of its First-Time Home Buyer Affordable Housing Program (Program). This policy sets forth the primary criteria for eligibility for participation in said Program and determining priority for participant selection. This policy also sets forth 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 category as the original buyer at the time of the initial sale. Other criteria to determine participant eligibility and to ensure compliance with this policy, including but not limited to purchase agreement documents, shall be established by the City Manager prior to the advertisement of the availability of one or more affordable dwelling units as part of the Program. The City Manager is also authorized to establish requirements for any and all refinancing and resale and for enforcement of the residency provisions of this policy. 1. Home Buyer Qualification Guidelines A. Low Income (less than 80 percent of Ventura County median income based on household size); Very Low Income (less than 50 percent of Ventura County median income based on household size); and when applicable Moderate income (less than 120 percent of Ventura County median income based on household size). B. First-time home buyers (no previous home, mobilehome, or land ownership within seven years of submitting an application). C. First priority for City of Moorpark residents who have lived in the City of Moorpark for no less than one year prior to Program application deadline (Category 1). City shall require documentation to verify City of Moorpark residency. Said documentation may include, but not be limited to a rental agreement, utility bill, or tax returns. Only one applicant needs to be a City of Moorpark resident during the past year. D. Second priority to people who have worked within the City of Moorpark for no less than one year prior to Program application deadline (Category 2). E. Third priority all others (Category 3). 201 Resolution No. 2022-4076 Page 102 F. Three percent (3%) minimum down payment, based on the affordable sales price. Down payment must be seasoned into an account no less than ninety (90) days prior to application date. G. Applicants shall also have an additional three percent (3%) of the affordable sales prices to be used to pay closing costs and fund the impound account. This requirement can be satisfied by a gift letter, retirement funds (50% of the market value), and/or seasoned funds in the applicants bank account (a combination of these items may also be used). H. Non-occupant co-borrowers are not allowed and no more than two related or unrelated people can take title of an affordable unit. I. Applicants shall sign an acknowledgement stating that they have read and understand City Council Policy 3.5 as part of the application submittal. 2. Selection Process A. Advertisement of program and orientation meetings on City website, City government channel, and distribution of a press release and other means as determined by the City Manager. B. Mandatory attendance of all interested buyers at an orientation meeting. Reservations shall be made via email. A copy (hard copy or displayed on a mobile device) of the confirmed reservation and a picture identification are needed to participate in the orientation meeting. C. Pre-screening applications are offered at the end of the orientation meetings. A one hundred ($100.00) non-refundable application fee is due at the time the application is submitted to the City for consideration. D. City-approved lenders shall be used to finance the purchase of the affordable unit(s). E. City-approved Home Buyer Education required prior to purchase, and City- approved post-purchase home owner workshops (foreclosure intervention, predatory lending, etc.) required after close of escrow. City will retain five hundred dollars ($500.00) at the close of escrow from the buyer. City will release the five hundred dollars ($500.00) to the buyer if the post-purchase home owner workshop has been completed within one year of the close of escrow. F. A public lottery drawing shall be conducted for residential developments with affordable units. Applicants may participate in the lottery process for more than one development or request the first available unit. Applicant shall take the first available unit, including a resale unit. Each lottery will consist of three “mini-lotteries” for the three priority categories listed in Section 1 of this policy. Categories will be exhausted before moving to the next category (Category 1 first, followed by Category 2, followed by Category 3). 202 Resolution No. 2022-4076 Page 103 G. The income category for an applicant shall be determined when the application is reviewed, prior to the lottery. If an applicant’s personal, financial or other circumstances change and it is later determined they are no longer eligible in that income category, then they shall no longer be eligible for any units that might be available during the applicable lottery drawing period. H. The household size for an applicant shall be determined when the application is received, prior to the lottery. The applicant shall provide names, relationship to applicant and other requested information of each household member as part of the application. Except for birth or adoption of a minor child, no changes to household size or members shall be allowed prior to close of escrow. I. Except for minor children subject to a court order for joint custody, any discrepancies of the dependents listed on the applicant’s federal taxes and the household occupants listed on the application shall be cause for the application to be denied and applicants to be disqualified from further participation in the Program. The applicant shall be informed in writing of such disqualification. 3. First-Time Home Buyer Affordable Housing Program Participant Exclusion List A. Members of the Moorpark City Council, Moorpark Planning Commission, Moorpark Parks and Recreation Commission, Moorpark Arts Commission, and Library Board Members. B. Mayor and City Council appointees including but not limited to Air Pollution Control District Advisory Committee, Area Housing Authority, Senior Center Advisory Committee, Area Agency on Aging, and Citizens Transportation Advisory Committee. C. All City employees in non-competitive service (management positions). D. Financial institutions participating as lenders for the Home Buyer Program. E. Developers and Developer’s General Contractor(s) for specific projects they developed or constructed that contain 1 or more affordable units. F. Developer’s subcontractors, subsidiaries, partnerships, and affiliates, including but not limited to title, escrow, and lending companies. G. City contractors involved with City/Successor Housing Agency First-Time Home Buyer Affordable Housing Program and affiliates of these City contractors, as determined by the City Manager on a case-by-case basis, which may include title and escrow companies, contractors, subcontractors, subsidiaries, partnerships, and affiliates of these City contractors. 203 Resolution No. 2022-4076 Page 104 H. Family members of A – G above are excluded for all of the above-listed participant exclusions. “Family members” is defined as follows: mother, father, grandfather, grandmother, aunt, uncle, cousin, sister, brother, son, daughter, step-son, step-daughter, son-in-law, daughter-in-law, nephew, niece, grandchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, spouse as defined as a partner in marriage (California Civil Code Section 4100), and domestic partner as defined by California Family Code Section 297 and including the requirement for the filing of a Declaration of Domestic Partnership with the Secretary of State. In addition, “family members” shall be defined to include non-blood relatives as a result of a subsequent marriage commonly referred to as a step-relative, including but not limited to step- mother, step-father, step-sister, step-brother, step-son, step-daughter, step- grandchild, step-mother-in-law, step-father-in-law, step-brother-in-law, and step-sister-in-law. 4. Housing Pricing, Selection of Units, HOA Reimbursement, and Refinancing A. Units will be priced based on Affordable Housing Cost for the family size appropriate to the unit (Section 50052.5, b-c and h), regardless of size of actual household:  3 bedroom unit priced for a household of 4  4 bedroom unit priced for a household of 5 B. Resale price for affordable units will be based on Affordable Housing Cost at time of resale. Affordable Sales Price is not based on market price at initial sale, or at resale. (City will provide this information to homeowners in this Program on an ongoing basis.) A resale of the affordable unit shall be required when two unrelated people are on title and one would like to sell their interest within three (3) years after the close of escrow. If one of the owners on title would like to remain in the affordable unit and they have occupied the affordable unit for three (3) or more years, the remaining owner would need to be re-qualified at the income category (moderate, low, or very low) the unit is designated without adding another co-borrower/buyer. If the remaining owner no longer qualifies, the unit will need to be sold to another qualified, City approved buyer. In the event of a divorce, one of the owners may retain the affordable unit without re-qualifying at the designated income category upon providing court approved documentation identifying disposition of the affordable unit. In this situation, the City will allow a refinance so that the departing owner may receive their share of the equity if the owners are in compliance with all conditions and requirements of this policy to the sole satisfaction of the City. The amount of the refinance shall not exceed the current affordable sale price minus twenty thousand ($20,000.00) dollars (a cash out refinance is only allowed in a divorce situation). C. Applicants will be assigned a unit in their income category based on household size, following conditional loan approval. Household size will be determined at the time of receipt of application. At its discretion, the City may 204 Resolution No. 2022-4076 Page 105 assign a unit with more bedrooms than the applicant would otherwise be eligible for, if it is the last unit that is available during the applicable period of the Priority List. E. Home Owner’s Association (HOA) dues reimbursement. Program participants shall be eligible for reimbursement of monthly HOA dues for the amount over one hundred ($100.00) or two hundred ($200.00) per month, depending on the project Development Agreement language, for the maintenance of common areas in the following manner: 1) Program participants of homes purchased prior to July 1, 2015 were eligible for HOA dues reimbursement through June 30, 2016, and are no longer eligible. 2) Program participants of homes purchased after July 1, 2015 shall be eligible for HOA dues reimbursement for a period not to exceed thirty- six (36) months from the date of purchase (close of escrow). 3) Reimbursements shall be made on a quarterly basis (3 months at a time) and proof of dues payment must be submitted for reimbursement within six (6) months of the month within which it was due (e.g. January dues must be requested by June 30th). The following items are required for reimbursement: Copy of cancelled check (front and back) with name and the address of the property, or bank statement showing owner name and the debit from the account, and a copy of invoice(s) from the HOA showing the dues payment and no past due balances. No reimbursement will be made for penalties or late fees. 4) HOA reimbursements shall terminate if reimbursement requests have not been submitted during a twelve (12) month period. E. Refinances and Additional Deeds of Trust. The written consent of the City Manager shall be required prior to any refinancing of any loan secured by a deed of trust on the affordable unit. The City shall allow refinancing of the first deed of trust under certain circumstances, but will not allow any junior deeds to the City’s loan. All refinances will be subject to the current rules and regulations at the time of the refinance. The City shall not have the right to exercise its option to purchase the affordable unit in such event, but any refinances (as defined below) shall be consistent with the following provisions and other requirements established by the City Manager: 1) The City will not unreasonably withhold approval of a refinancing if it meets the following criteria: a) If the refinancing occurs not sooner than three (3) years after the initial closing; 205 Resolution No. 2022-4076 Page 106 b) If the Owner is not receiving a cash payment or payment of consumer debt from the equity in the affordable unit; and c) If the Owner has maintained a good credit history and satisfactory performance under the City’s First-Time Home Buyers program, in the judgment of the City Manager or his or her designee. F. Equity Share. In the event of a re-sale of the affordable unit, where as a result of an increase in the Ventura County Median Income and there is a net amount of sale proceeds remaining after the payment of the first mortgage, credit for principal reductions of the first mortgage, and Seller’s original down payment, such net proceeds shall be distributed as follows: 1) Seller will receive the first $20,000. 2) The remaining equity shall be split one-third to seller and two-thirds to the City provided that the City’s share of appreciation will not as a percentage exceed the principal amount of the second loan amount divided by the appraised market value of the property at time of initial origination. Any appreciation that exceeds the above described percentage will go back to the buyer. 5. Primary Residence and Rental Prohibition All buyers shall occupy the affordable unit as their primary residence at all times. No portion of the affordable unit shall be rented or leased for any period of time. This includes but is not limited to written or verbal agreements for renting or leasing a room or accepting other forms of payment to allow one or more persons other than those listed on the application to reside at the unit. 6. Title to Real Property Applicants shall take title of the affordable unit as joint tendency. Any change to title not preapproved by City Manager in writing will result in a sale of the affordable unit. 7. City Staff Authority B. The City Manager is authorized to interpret this policy as needed and to execute all affordable housing project deferred loan agreements and repayment documents for all affordable housing projects for which the City will own an equity share. The City clerk is authorized to accept interest in real estate secured by any Deed of Trust associated with this program. B. The City Manager is authorized to exclude First Time Home Buyer Program participants from applying in future rounds of the program if they are found to have omitted or supplied false or misleading information on any application to participate in the program. 206 Resolution No. 2022-4076 Page 107 C. Upon owner misrepresentation or the default or breach of any covenant or agreement in the Promissory Note, the Resale and Refinance Restriction Agreement and Option to Purchase Property or the City Second Mortgage Deed of Trust, including, but not limited to, the covenants to pay, when due, any sums secured by the Deed of Trust, the City, at its option, may pursue the following remedial steps and actions, in addition to any other remedies provided by the above-mentioned documents or at law. The City will send notice to the borrower specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than thirty (30) days from the date the notice is effective, by which such breach is to be cured; and (4) that failure to cure such breach on or before the date specified in the notice shall, at the option of the City, result in acceleration of the outstanding sums under the Promissory Note (i.e., the entire sum owing on the Promissory Note becoming immediately due and payable.) If after those procedures such sums are not paid, then the City may, at its option commence the process for non-judicial foreclosure of the property. The notice and opportunity to cure shall not apply to defaults that are not curable, the failure to pay the sums due upon acceleration, or to a transfer that violates restrictions on transfers (such as a sale to a person or persons who is not a purchaser preapproved by the City.) SECTION 5. POLICIES ADMINISTERED BY FINANCE DEPARTMENT Policy 5.1: Meeting, Training, Conference, and Professional Association Membership Expense Reimbursement On various occasions it will be necessary for City officials, elected and appointed, and staff to attend meetings, seminars, training, and/or conferences on City business, and join professional associations related to the business of the City. Such occasions fall basically into the following categories: 1. Meetings/Seminars/Training Sessions, which do not Require Overnight (Lodging) Accommodations; 2. Meetings/Seminars/Training Sessions which Require Lodging; 3. Staff Travel – Special Meetings or Training for which Funds Are Not Appropriated; 4. Legislative Body Authorized Expense Procedures; and 5. Mileage Reimbursement for City Appointees to Boards, Commissions, and Committees. This policy is intended to identify the procedures for receiving approval for travel and reimbursement of expenses. The City Manager may issue further rules for City employees that are consistent with this policy. Cash advances to employees are not allowed. 207 Resolution No. 2022-4076 Page 108 1. Meetings/Seminars/Training Sessions, which do not Require Overnight (Lodging) Accommodations (one day or less and return) A. The costs of registration, meals, parking and mileage for private vehicle use are allowable City expenses, and Departments Heads, Assistant City Manager, and City Manager shall be required to pre-approve City reimbursement for employees they supervise. B. Department Heads, Assistant City Manager, and City Manager may not approve attendance unless funds have been budgeted and are available for the subject purpose. C. Wherever possible, registration fees will be paid in advance by the City. The individual attending shall typically advance mileage and parking costs. D. Upon return to the City, the individual attending shall complete a petty cash reimbursement form for total costs less than $100.00, or a “Travel Authorization and Reconciliation Report” form (available on City Share/City Share/Finance/Forms) when total costs exceed $100.00. The reimbursement form shall be submitted to the Department Head, Assistant City Manager, or City Manager for approval, as applicable. E. Meal and travel expenses will be reimbursed consistent with the more detailed policy language included, below, for subsections 2.E. and 2.F. of this policy, with the exception that rental car reimbursement is not permitted for one day or less training with no lodging. 2. Meetings/Seminars/Training Sessions, which Require Lodging A. Allowable Expenditures. The costs of registration, lodging, meals, parking, and mileage for private vehicle use are allowable City expenses. Attendance at City expense shall be subject to the advance approval of the City Manager, if funds have been appropriated for the travel. Otherwise, attendance shall require approval and an appropriation of funds by the City Council. B. Travel Expense Report. A “Travel Authorization and Reconciliation Report” form (available on City Share/City Share/Finance/Forms) is to be completed for each employee traveling. The Department Head must approve the form, indicating that sufficient funding is included in the budget. Once approved by the Department Head, the report is to be submitted to the City Manager for approval at least one week prior to the City Council Meeting preceding the date of the Conference/Training Session. The City Manager shall either approve/disapprove the travel or refer to the City Council and recommend attendance/non-attendance based on the availability of funds, proposed content of the meeting, and other meetings in the same general subject area, which may be scheduled later during the budget year. 208 Resolution No. 2022-4076 Page 109 Following City Manager or City Council approval, the Department Head must ensure the completed form is submitted to the Finance staff in a timely manner. C. Registration. Registration will be paid in advance by credit card or by regular warrant whenever possible. A registration form shall be completed by the department and submitted to the Finance Department with the approved Travel Authorization and Reconciliation Report form. If payment is to be by regular warrant, Finance will process the warrant and mail the registration form. If the registration form and credit card payment for registration are to be completed online, department head pre-approval is required before any expenses are incurred. D. Lodging. 1) The City will pay lodging expenses for City employees during business travel requiring one or more overnight stays. 2) The City will pay for lodging for the evening preceding or subsequent to a meeting or business event when the employee would have to travel at unreasonably early or late hours to reach his or her destination. Payment for pre-event lodging shall require City Manager approval and will typically not be approved if the total miles of travel from City Hall to the site of the event are less than 75 miles. 3) Costs for lodging must be reasonable, based on availability of hotels and proximity to conference/training location. Lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the employee at the time of booking. 4) Receipts are required. 5) Lodging may be guaranteed or paid by a City credit card. If overnight accommodation has received prior approval in accordance with 2.B. of this policy, an employee may use their City credit card to charge their own lodging expenses, and department heads may also use their City credit card to charge for lodging expenses for other employees in their department, and/or commissioners/board members. 6) If overnight accommodation has received prior approval in accordance with 2.B. of this policy, lodging may be guaranteed or paid by an employee’s personal credit card, with a reimbursement request to be submitted after the training or conference. E. Meals. 1) The traveler may receive a per-diem allowance for meals plus tips. The per diem allowance shall conform to the currently allowed Internal 209 Resolution No. 2022-4076 Page 110 Revenue Service (IRS) allowance for the city of travel and does not require substantiation with receipts. Regarding partial days, travel beginning on or before 7:00 a.m. qualifies for breakfast. A return time beyond 1:30 p.m. qualifies for lunch. Return times beyond 7:00 p.m. qualify for dinner. Travelers will not be reimbursed for the cost of a lunch or dinner meal, if such meal is already paid for and provided as part of the conference expenses, and the per-diem allowance will be reduced accordingly, per the IRS published allowance, with the exception that the cost for breakfast will be reimbursed if the conference includes only a light continental breakfast, and the traveler provides a receipt for the additional breakfast expense. Breakfast shall be considered to occur between 12:00 midnight and 11:00 a.m.; lunch 11:00 a.m. to 4:00 p.m.; and dinner 4:00 p.m. to 12:00 midnight at the time zone of the location of the meal. 2) The City will pay reasonable and customary gratuities and tips during City business travel. Tips for meals are included in the standard per diem rate. 3) If no per diem rate is published for the city of travel, or if the traveler prefers, receipts may be submitted for food and tips up to $50.00 per day based on the limits of $10.00 for breakfast, $15.00 for lunch and $25.00 for dinner. The City credit card may be used to pay for meal costs, and receipts must be submitted upon return. F. Travel. 1) Use of air, train, private car or bus shall be selected on the basis of the most reasonable and appropriate method, taking into consideration distance, time, and total costs to the City after all expense items are tabulated, including travel time and salary costs. Travel for all personnel shall be in coach class or equivalent service. 2) While traveling, the use of rental vehicles is to be discouraged. Hotel courtesy buses, local shuttle services or public transportation, if available, should be utilized between airports and meeting locations. If a shuttle service is used from home to the airport, bus, or train terminal, the cost for the shuttle shall not exceed the cost for personal vehicle mileage reimbursement plus parking (if the trip originates or ends at the employee’s residence, personal vehicle mileage reimbursement shall be calculated based upon the number of miles between the travel destination and either the employee’s designated work location or residence, whichever is the shortest distance). Taxi or ridesharing (i.e. Uber or Lyft) services shall be used only when no other convenient, less costly mode of transportation is available. Rental vehicles may be approved in advance by the City Manager when no other transportation is available, or when alternate transportation would be more expensive or impractical. When rental vehicles are used, the least expensive vehicle practical will be used. 210 Resolution No. 2022-4076 Page 111 Payment for air travel is to be made by City credit card at the time of booking. If a travel agency will invoice for the payment, that method may be used. Employees may also use personal credit cards and then request reimbursement from the City. 3) Employees pre-approved to use personal vehicles for travel will be reimbursed for mileage at the then current IRS mileage rate; however, the total expense of said travel shall not exceed the combined total of the round-trip air fare to the destination, plus the private vehicle mileage expense to and from the airport and appropriate parking fees. Use of a privately owned vehicle on City business requires the driver to possess a valid California driver’s license and to carry automobile insurance. Any damages to the vehicle or service repairs are of a personal nature, and are not reimbursed by the City. Reimbursement will be based on the vehicle and not on the number of employees attending (i.e. the owner of the vehicle will be paid and not the passengers). If the trip originates or ends at an employee’s residence, personal vehicle mileage compensation shall be based upon the number of miles between the travel destination and either the employee’s designated work location or residence, whichever is the shortest distance. 4) Expenses such as tolls and parking will be fully reimbursed upon presentation of the original receipt. Valet parking will only be reimbursed if there is no self-parking option. 5) Reimbursement for use of a personal vehicle for local travel is not applicable to those management employees receiving an automobile allowance. These employees may, however, receive reimbursement if travel is outside of the six county area of Santa Barbara, Ventura, Los Angeles, San Bernardino, Riverside and Orange Counties. 6) To receive reimbursement for a City work-related internet use charge at the conference or lodging location, preapproval of an estimated expense must have been received on the preliminary Travel Expense Report. G. Final Expense Report. 1) A final Travel Authorization and Reconciliation Report form is to be completed by the employee within ten (10) days of completing the travel. Any reimbursement requests not submitted within 30 days of the meeting date may not be honored and traveler shall assume all costs, unless waived by the City Manager. Unsubstantiated advances may result in the issuance of an IRS form 1099 to the traveler. The report is to include a final accounting of all expenses related to the travel, including expenses already paid by the City (by warrant or credit card) and expenses paid by the employee. All hotel bills, rental bills, 211 Resolution No. 2022-4076 Page 112 airline ticket invoices and other receipts are to be attached to the form. If the employee has received, or is requesting, the per diem amount for food and tips, receipts for meals are not required. If any reimbursement to the City is required, a personal check in the correct amount is to be submitted with the expense report. 2) Items of a personal nature are not reimbursable including movies (in- room or at the theater), entertainment, premium television services, sporting events, alcoholic beverages, laundry/dry-cleaning, spas, gyms, massage, barber, magazines, shoeshine, travel insurance, purchase of clothing or toiletries, loss of tickets, fines or traffic violations, excess baggage (exceeding one checked bag), valet service, spouse/and or guest accommodations, office equipment and other items of a personal nature. If unauthorized expenses have been paid by the City (i.e. via credit card) the employee will be responsible for reimbursement to the City within ten (10) days of the date of the expense. Reimbursement of travel expenses received from an outside source must be forwarded to the Finance Department upon receipt. 3) The final Travel Authorization and Reconciliation Report form is to be approved by the Department Head and then submitted to the Finance Department for verification prior to submittal to the City Manager for final approval. If payment is due to the employee, the payment will be processed in the next available warrant cycle. 3. Staff Travel - Special Meetings or Training for which Funds Are Not Appropriated Attendance at a special meeting or training, for which funds are not appropriated, attendance by the City of Moorpark is deemed urgent, and which occurs at a time which precludes advance approval by the Council as a whole, may be authorized by the Mayor and one other member of the City Council, subject to the ratification of the expense and appropriation of funds at the next regular Council Meeting. 4. 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. 212 Resolution No. 2022-4076 Page 113 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 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 consistent with the provisions of Policy 5.1, Sections 2.D, 2.E, and 2.F. 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 (examples are listed in Policy 5.1, Section 2.G.). 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 213 Resolution No. 2022-4076 Page 114 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 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. 5. 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. 214 Resolution No. 2022-4076 Page 115 Policy 5.2: 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 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 215 Resolution No. 2022-4076 Page 116 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 5.3: Authorization for the Issuance and Countersigning of Warrants Pursuant to Chapter 3.12 of the Moorpark Municipal Code and Wire Transfer Authority All check stock shall be kept in a locked and secure location with restricted access. Finance department staff shall treat all check stock as if it were cash. A log of all checks issued for printing shall be kept in a locked and secure location. The log shall contain: date of issue, check numbers issued and the initials of the Finance department staff who were issued the check stock. Demand warrants shall be issued for payment of capital and operational expenses related to the purchase of goods, services, materials, supplies or equipment. Payroll warrants shall be issued to compensate employees for services rendered and to pay for: taxes, benefits, insurance and other related personnel costs. Prior to issuance of any warrants, a check register shall be approved, using (1) a manual signature or (2) an approval process within the financial software. The check register shall be approved by two employees: the City Manager (or Assistant City Manager in the 216 Resolution No. 2022-4076 Page 117 absence of the City Manager) and the Finance Director (or Accountant II, in the absence of the Finance Director). Demand and payroll warrants are hereby authorized to be computer signed with the facsimile signature of the City Manager and computer countersigned with the facsimile signature of the Mayor. All checks shall be generated through the financial software system. If the City Manager or the Finance Director are to receive a check, then the Assistant City Manager shall approve the check register. If the Finance Director is to receive a check, then the Accountant II shall approve the check register. This policy strictly prohibits the use of hand-drawn checks. This policy strictly prohibits the signing of blank checks. This policy strictly prohibits checks written out to “CASH”. This policy strictly prohibits the manual signing of checks. Wire transfers (WT), Electronic Fund Transfer (EFT) and Automated Clearing House (ACH) transactions are needed for various financial transactions of the City involving expenditures and investments. WT, EFT and ACH expenditure requests for which there is a City Council approved budget appropriation require two signatures, and shall be signed by the City Manager (or the Assistant City Manager in the absence of the City Manager) and the Finance Director (or Accountant II in the absence of the Finance Director). WT, EFT and ACH expenditure requests that do not have an approved budget appropriation, and if it is over $50,000, must be approved by the City Council. WT, EFT and ACH requests for investment transactions are limited to $10 million per day and require two signatures: the City Manager (or the Assistant City Manager in the absence of the City Manager) and the Finance Director (or Accountant II in the absence of the Finance Director). This policy applies to the City of Moorpark (City), and Moorpark Watershed, Parks, Recreation and Conservation Authority (MWPRCA). Policy 5.4: Accounts Receivable Collection The City of Moorpark has the need to issue invoices for various types of services such as, but not limited to, false alarms, rent for City owned facilities, grant reimbursements, non- sufficient funds (NSF) checks and emergency response (DUI and property damage). The City’s Accounts Receivable Collection Policy shall be as follows: 1. The first notice to a debtor of an amount due is the issuance of the City of Moorpark invoice. 2. Past due accounts will be sent a past due statement at 30 and 60 days by the Finance Department. A one-time penalty fee in the amount of ten percent (10%) and a one percent (1%) per month finance charge shall be added each month to any fee imposed in the event the fee is not paid within thirty (30) days after the billing date. The 60-day notice will state that the account will be turned over to a collection agency unless it is immediately cleared by the date specified. A. Where appropriate, debtor contact by telephone will be used during the collection process. The date and discussion will be noted on internal records. 217 Resolution No. 2022-4076 Page 118 B. If the debtor responds, the Finance Department will make every effort to work out a solution for payment (such as an installment plan for larger amounts due). C. If the account is paid off or cleared by other means, the correspondence will be retained in the Finance Department customer files for such time period as required by applicable law. 3. When Finance has exhausted regular means of collections, accounts will be turned over to a collection agency in a final attempt to collect before the invoice is adjusted. Documentation required for the collection agency must include a copy of the original invoice or a list of charges. Other available information such as address and driver’s license number will also be sent to the collection agency, if available. 4. Finance will send a Final Notice to the debtor noting that the account will be turned over to an appropriate external collection agency and collection costs may be charged if arrangements to pay are not made within 15 days. Note: If additional charges appeared for an account that has already been turned over to a collection agency, the new final notice should be for the same collection agency. 5. If the collection agency is not successful, further action will be considered as follows: A. Amounts between $500.00 and $10,000.00 will be presented to the City Manager for review and possible filing of a small claims court action, which may be instituted without further Council approval. B. Amounts in excess of $10,000.00 will be presented to the City Attorney by the City Manager for review and possible legal action, which may be instituted without further Council approval. 6. The Finance Department will keep the City Manager informed of any collection issues as part of the monthly report process. Should adjustments be necessary, after all attempts have been made to collect and the Finance Director has determined that it is not cost effective to continue with the collection process, he/she has the authority to authorize up to $100.00 per adjustment. A report of any adjustments authorized by the Finance Director shall be provided to the City Manager on a monthly basis. Any amount over $100.00 up to $1,000.00 may be approved for adjustment by the City Manager. A report of any adjustments made by the Finance Director and City Manager shall be provided to the City Council on a quarterly basis. Any amount over $1,000.00 must be presented annually to the City Council for consideration of an adjustment or other action. Documentation of all adjustments will be kept in a separate file for year-end audit purposes. 7. Each department will be immediately informed, in writing, by the Finance Department of NSF check issues each time an NSF check is received. Backup documentation showing the name, date and type of service that the NSF check covered will be sent to the respective department. It will be the responsibility of each department to determine if service is continuing to be provided and should be 218 Resolution No. 2022-4076 Page 119 ceased for the individual and/or company that submitted a NSF check until payment for the NSF check is collected. Only cash, cashier’s check or money orders will be accepted as payment to satisfy NSF checks. 8. The Finance Department will establish, track, and receive all restitution payments received from the courts. A quarterly report will be sent to the City Manager listing all restitution payments and balances due. Policy 5.5: 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 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 5.6: 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. 219 Resolution No. 2022-4076 Page 120 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 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, andhandling and shall provide training for applicable staff. Written procedures may include topics such as For example: Staff shall be directed to checking for counterfeit bills on large denominations, counting back the change to the customer, and not accepting foreign currency as payment, and . Aproviding receipts shall be given to the customer. All cash received by the operating departments shall be submitted to the City Treasurer by the end of each day. Exceptions to this rule are as follows: Recreation staff shall be responsible for collecting the coins from the sports courts lighting fixtures a minimum of twice per week. The coins shall be placed in a locked bag and submitted to the City Treasurer for deposit the same day the money is collected. The Public Works staff shall be responsible for the collection of transit fares on City buses. The transit fares shall be secured by a locked box on-board each bus. The bus driver, at the end of the day, shall turn in the lock box to the Public Works staff member who has the responsibility to remove the cash and coins and submit the cash receipts to the City Treasurer the same day that the lock box is opened. Library staff shall submit cash receipts at least once a week. All cash stored overnight at the Library shall be locked in a safe. Library staff shall make a same day deposit when they receive any cumulative amount of cash and checks greater 220 Resolution No. 2022-4076 Page 121 than $1,000. The Sheriff’s Department receives cash for payment of towing fees and other police fees at the City’s Police Services Center. The cash shall be stored in a locked, secure location. The Sheriff’s Department shall deposit with the City Treasurer when the cash received totals $5,000 or more. The City’s Active Adult Center receives cash for various services and classes. The money shall be stored in a locked, secure location until deposited with the City Treasurer weekly. The City Treasurer is authorized to provide a beginning change fund for special events of the City (for example July 3rd). The responsible department, usually Parks, Recreation and Community Services, shall submit a request for a change fund one week in advance of the event. The City Treasurer shall make arrangements to provide bills in small denominations for the event. The change fund cash will be required to be stored in a locked and secure location prior to the event. At the end of the event, the department shall return all cash to the City Treasurer with a full accounting of the transactions incurred. All cash received by the City Treasurer shall be stored in the City safe until deposited at the bank. City Treasurer shall make all deposits into the City bank accounts. The City Treasurer shall contract with an outside armored car service to transport the coins, cash, and checks collected by the City to a designated bank vault for deposit. Armored car deposits shall be as determined by the City Treasurer but no less than weekly. Any checks larger than $100,000 will continue to be deposited by the City Treasurer on the same day as received, or no later than the following day after receipt, at the local bank branch. The City allows vending machines to be operated on City property. The vendor is responsible for the maintenance and operation of the vending machine, including cash collection. Concession fees required by the vendor agreement shall be sent to the Finance Department for deposit into the City’s General Fund. Policy 5.7: Annual Review of Fee Resolutions and Authorization for Hardship Fee Modification and Waiver The Finance Director is responsible for requiring that all City fee resolutions are reviewed annually by each City department in conjunction with preparation of the next fiscal year budget, to determine if an adjustment of any fee is appropriate. The City Council will be provided with information on the scheduling of any fee resolution update in conjunction with consideration of fiscal year budget adoption. 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 5.8: 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 221 Resolution No. 2022-4076 Page 122 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. 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), DDA Settlement (3007), IT Equipment Replacement (3008), Vehicle Replacement (3009), Facilities Replacement (3010), CFD 2004-01 Highland 222 Resolution No. 2022-4076 Page 123 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 5.9 Credit Card Acceptance and Processing The purpose of this policy is to establish standards for accepting and processing credit card payments and maintaining the security of confidential credit card information. The method is to implement reasonable policies and procedures that will prevent the improper use or disclosure of customer credit card information. Compliance with this policy will:  Provide reasonable assurance that all credit card transactions are properly authorized, timely settled, and accurately and completely recorded;  Monitor for errors, both unintentional and intentional, including fraud; and  Protect the security, confidentiality and integrity of cardholder information. This policy is further intended to ensure compliance with Payment Card Industry (PCI) standards, as required by Visa and Mastercard. Failure to comply with PCI standards may result in unnecessary costs to the City and/or revocation of merchant status allowing for the acceptance of credit cards. 1. Authorized Transactions. The following revenue transaction types are authorized as credit card payments. The full itemized list of City of Moorpark Authorized Credit Card Transactions is maintained by the Finance Department as approved by the City Manager. A. Parking Citations B. Business Registrations/Permits C. Zoning Clearances D. Encroachment Permits E. Residential Building Permits F. Home Occupation Permits G. Sign/Banner Permits H. Non-Residential Plan Checks I. Non-Residential Building Permits (tenant improvements, commercial equipment, high pile storage and MEP mechanical, electrical and plumbing J. SMIP Fees K. NPDES Fees L. SB473 Building Standards Fees M. Imaging Fees N. Fines & Penalties (e.g. Social Host, Library Fines and Fees) O. Class Registration (e.g. classes and camps) P. Security Deposits & Room Rentals Q. Recreation League Fees R. Temporary Use Permits S. Event Ticket Sales T. First Time Home Buyer Application Fee U. Other transaction types approved in writing by City Manager except development impact fees which may not be authorized 223 Resolution No. 2022-4076 Page 124 2. Authorized City Staff The City Manager shall have the authority to approve in writing the City employees who are authorized to process credit card transactions, including the maximum credit card limits. 3. Authorized Persons Employed by Library Services Contractor (Library contract staff) Moorpark City Library contract staff, as approved in writing by the City Manager, shall be authorized to process credit card transactions. 4. Transaction Control Requirements The City accepts Visa, Mastercard, and Discover credit cards as a form of payment of amounts due to the City. Debit cards with Visa or Mastercard logos are also accepted and processed only as credit cards. It is important that Library contract staff adhere to the processes to ensure the accurate processing and recording of transactions and guard against erroneous or fraudulent transactions. 5. City Manager Approved City Credit Card Machines and Transaction Restrictions A. One credit card swipe machine may be placed at each of these following locations: 1) the front counter at City Hall for use by authorized City staff; 2) Arroyo Vista Recreation Center for use by authorized City staff; 3) the Active Adult Center for use by authorized City staff; and 4) the Moorpark City Library Circulation Desk for use by authorized City staff and Library contract staff, and any other location approved by the City Manager. B. The Cardholder’s credit card should be visible to the cardholder at all times during every transaction. C. Transactions of less than $5.00 and transactions outside of the transaction types listed within this policy shall be denied and the transaction shall not be completed. D. Prior to swiping the credit card: 1) For a charge amount exceeding $500.00, verify the credit card against a photo identification card making sure the name on the credit card matches name on the photo identification card and that the photo on the photo identification card matches the Cardholder and that the credit card has been signed by the cardholder. 2) Verify that the card is not visibly altered or mutilated. 3) Verify that the credit card expiration date has not passed. Expired credit cards are not accepted for payment. 224 Resolution No. 2022-4076 Page 125 4) To the extent possible, staff should ask the Cardholder to show their credit card and photo identification card for the purpose of verifying information, without having staff take custody of the credit card and/or photo identification card. Staff should not take custody of the credit card in any manner that places the card out-of-sight of the Cardholder. E. If the credit card machine can be moved so as to be accessible by the Cardholder, the Cardholder should be asked to swipe/insert their credit card. If accommodation is needed for a person with a disability, staff may assist with swiping/inserting the credit card into the credit card machine. If the credit card’s magnetic strip cannot be read, the card number should be manually keyed into the credit card terminal by staff. To reduce the risk of access to confidential credit card data, no manual imprint, writing down, copying, scanning or transposing of the card shall be made. F. After swiping/inserting the credit card: 1) Staff is required to print and obtain the customer’s signature on the credit card payment record. This is not required for credit card machines that capture customers’ signatures digitally. 2) Obtain and enter the Approval Code/Authorization number on the receipt paperwork. If the authorization network (via the credit card machine) sends a “decline” or “no match” response, the credit card payment was not processed and the card must not be accepted. 3) Confirm that the amount charged to the credit card matches the transaction. 4) Attach the signed credit card payment record to the supporting documentation. Print and give an unsigned copy to the cardholder as their receipt. This is not required if the credit card payment record may be submitted electronically to the cardholder. G. In all circumstances of declined or unaccepted transactions, explain in a discreet voice to the customer that the transaction has been declined and offer to accept another method of payment. Customers disputing the decline or non-acceptance of the credit card should be referred to their bank which issued the credit card. H. Credit/Refund Transactions: Per the merchant card processing agreement, the City will not make cash refunds, but will deliver a credit for a refund (or adjustment to the cardholder account) within three (3) business days of the refund (or adjustment). The Cardholder will receive a copy/notification of the credit transaction at the time the refund (or adjustment) is made. In certain cases, a refund may be processed as a check and will be refunded within thirty (30) days. 225 Resolution No. 2022-4076 Page 126 I. Cash back transactions are not authorized. 6. Telephone and Mail Transactions The City shall accept credit card information by telephone and U.S. Mail. In order to protect the Cardholder from unauthorized disclosure of credit card information via telephone transactions, credit card numbers shall not be written down by authorized City staff or authorized Library contract staff on City applications or registration forms, and must be manually keyed into the credit card terminal or computer software system. Confirm the three digit verification code on the back of the credit card for phone orders. 7. On-line Transactions On-line credit card transactions shall be allowed through third party payment processors. All on-line credit card transactions through the City website or third party proprietary software agreements must be securely redirected to the approved third party merchant payment processors where cardholders will complete their transactions. The Finance Department and Information Systems division shall work together to assure secure connections and proper security of credit card information through the on-line transaction process. 8. Settlement and Deposit of Credit Card Payments A. The transaction history report from the credit card machine will be printed daily and be reconciled to the total receipts by authorized City staff or authorized Library contract staff. B. The settlement batch, transaction history and reconciliation reports and supporting documentation will be reconciled by the Finance Department on the following business day. C. Deposits are generally settled within three business days, depending upon the credit card type. If a report indicates a settlement was declined it shall be researched by the Finance Department and the customer contacted to obtain an alternate form of payment. 9. Merchant Fees and Other Credit Card Charges Merchant fees for all authorized credit card transactions shall be paid by the City. Other credit card charges, such as disputed items related to a specific transaction will be researched by the Finance Department and appropriate action taken with prior written approval by the Finance Director or his/her designee. This will ensure proper reconciliation for the merchant account. 10. Safeguarding of Confidential Information To the extent that the City may have possession of credit card records, including but not limited to, receipts, credit card numbers, expiration date, card type and bank 226 Resolution No. 2022-4076 Page 127 information, such credit card records are exempt from public disclosure, and shall not be disclosed by the City unless required via Court subpoena or in writing by the City Attorney. Any credit card documents not remitted to the Finance Department before the close of the business day must be secured to prevent against loss and/or theft of confidential customer information, provided the documents shall be remitted to the Finance Department as early as practicable the morning of the next business day. Full credit card numbers are not to be recorded, maintained or viewable in any computer systems, receipts, or reports. To the extent required by law and/or service agreements, the City will notify credit card customers of any breach of security which has placed the confidential credit card information at risk. Credit card transactions shall not be accepted in the event of a power outage or other processing service interruption, so as to prevent the loss and/or theft of confidential customer information. In the event of a service interruption to the credit card machine, notification should be made to the Finance Director to determine the cause and restoration of the service. The City Information Systems Division along with the Finance Department will maintain network, computer, and transmission security measures to protect cardholder data. Vendor-supplied defaults for system passwords and other security parameters will not be used. The City Information Systems Division will regularly test security systems and processes. 11. Payment Card Industry (PCI) Compliance The Finance Department will annually renew and update the PCI Self-Assessment Questionnaire (SAQ) as required. Policy 5.10 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 227 Resolution No. 2022-4076 Page 128 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. 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 228 Resolution No. 2022-4076 Page 129 City, and use of existing or future cash reserves, or combinations thereof. 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.B.3). 229 Resolution No. 2022-4076 Page 130 2) Debt issuance used to address budgetary deficits. 3) Debt issued for which the term of the debt exceeds the term specified 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 230 Resolution No. 2022-4076 Page 131 proceeds. 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 (judgment 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. 231 Resolution No. 2022-4076 Page 132 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 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 232 Resolution No. 2022-4076 Page 133 adoption date of this Policy). 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, 233 Resolution No. 2022-4076 Page 134 match the City’s projected cash flow to the anticipated debt service payments. “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. 234 Resolution No. 2022-4076 Page 135 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 235 Resolution No. 2022-4076 Page 136 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 236 Resolution No. 2022-4076 Page 137 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 237 Resolution No. 2022-4076 Page 138 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 Code and related Internal Revenue Service regulations, in keeping with the 238 Resolution No. 2022-4076 Page 139 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 & Poor's Corporation Fitch Investors Service. Inc. Moody's Investor's Service, Inc. Definition AAA AAA Aaa Highest grade credit AA+ AA AA- AA+ AA AA- Aa1 Aa2 Aa3 Very high grade credit A+ A A- A+ A A- A1 A2 A3 High grade credit BBB+ BBB BBB- BBB+ BBB BBB- Baa1 Baa2 Baa3 Good grade credit BB+ BB BB- BB+ BB BB- Ba1 Ba2 Ba3 Non-investment grade Speculative credit B+ B B- B+ B B- B1 B2 B3 Very speculative credit CCC+ CCC CCC- CC C CCC+ CCC CCC- CC C Caa1 Caa2 Caa3 Ca Substantial risk In or near default with possibility of recovery SD D DDD DD D C Default Minimal chance of recovery 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 239 Resolution No. 2022-4076 Page 140 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 the Parks and Recreation Director or his/her designee the implementation of this Policy. 240 Resolution No. 2022-4076 Page 141 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. 1.4. 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. 1. The Flag of the United States of America and the Flag of the State of California will be displayed at each municipal facility which has an appropriate flagpole. 2. The National and State Flags are to be displayed daily from the start of the business day through the close of the business day during the normal work week. Flags may be flown 24 hours per day if appropriately lighted. 3. Flag etiquette allows the flag to be displayed during inclement weather provided it is made of all-weather material (such as the flags the City uses). If it rains after raising of the flag, the flag will remain on the pole. If it is raining prior to raising the flag, the flag will not be raised; however, it may be raised later, weather permitting, and remain until close of the business day. 4. Flags will be flown at half-staff as follows: 241 Resolution No. 2022-4076 Page 142 A. When ordered by the President or the Governor of the State in the event of the death of a present or former official as follows: President, former or presiding 30 days from the day of death Vice President, the Chief Justice 10 days from the day of death or Retired Chief Justice of the United States or the Speaker of the House of Representatives Associate Justice of the Supreme Day of death to day of interment Court; a Secretary of an executive or military department; a former Vice President; or Governor of a State, territory or possession. Member of Congress Day of death and day following By order of the President Period to be prescribed By order of the Governor Day of death to day of interment B. 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. C. 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. 5. Flags will be flown at half-staff from the day of death to the day of interment for any currently seated Member of the City Council, Member of the City Council Elect or any previously seated Member of the City Council, not to exceed 14 calendar days. 6. Flags will be flown at half-staff from the day of death to the day of interment for any currently serving City Manager or City Department Head, not to exceed 14 calendar days. 7. 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. 8. When a flag is no longer fit for display, it will be destroyed in a dignified way such as by an American Legion Post at Flag Disposal Ceremonies on Flag Day (June 14) each year. 242 Resolution No. 2022-4076 Page 143 9. It is the responsibility of the Parks, Recreation and Community Services Department to display the National and State Flags at municipal facilities in accordance with the United States Flag Code (includes Title 4, Chapter 1, The Flag) and the pamphlet "Our Flag" published by the Joint Committee on Printing United States Congress by authority of House Concurrent Resolution 361, 100th Congress. 10. The City Manager or his designee is to determine at what location(s) flags are to be flown 24 hours and for ceremonial purposes. The City Manager may delegate certain ceremonial flag lowering responsibilities at the Moorpark Veteran’s Memorial to the American Legion. 2.5. 11. The flag policy for the City of Moorpark Police Services Center shall be consistent with Nos. 1 through 10 of this Flag Etiquette Policy and will also include the following provisions:  A. 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  B. 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: Active Adult Center Annual Meeting At least once a year, City staff will invite all Active Adult Center program participants to attend a meeting for the purpose of discussion and receipt of comments on the development of programs and activities of interest to local seniors, and to facilitate 243 Resolution No. 2022-4076 Page 144 communication between City staff and participants. Following the meeting, staff will prepare a summary report of comments received at the annual meeting, and will provide the City Council with a copy of the report. Policy 6.4: Active Adult Center Standards of Conduct for City Recreation Facilities In order to provide the Moorpark Active Adult Center with 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 the Moorpark Active Adult CenterCity 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. Neither the City of Moorpark nor the Active Adult Center are responsible for lost or stolen items, although please check with staff if you have lost anything as we do have a ‘lost and found’. Participants need to keep their belongings with them at all times as staff cannot be responsible for their safekeeping. All participants and City staff have the right to be safe, and feel safe while attending a City facility or program. With this right comes the responsibility to be law-abiding citizens and to be accountable for actions that put at risk the safety of others or oneself. Participants shall comply with all established and adopted rules and procedures governing City buildings. 1. Dangerous, destructive or illegal conduct, including any violation of local, state, or federal law but not limited to the following, is strictly prohibited: A. Engaging in or threatening physical assault or abuse. B. Displaying a weapon of any type. C. Threatening or harassing other patrons or staff, including but not limited to battery; verbal threats; stalking or following; offensive staring or touching; unwanted sexual advances, comments, or gestures; or other behavior typically defined as “Sexual Harassment”. D. Theft of Active Adult Center and/or personal property. Failure to comply with these standards of conduct may result in disciplinary actions, up to and including permanent suspension from the Active Adult E. Damaging, defacing, vandalizing, or destroying Active Adult Center property or grounds. 2. All participants at the Moorpark Active Adult Center are expected to: 244 Resolution No. 2022-4076 Page 145 A. Treat others with respect. A. Use courteous language at all times. B. Be flexible in accepting alternate facility assignments or modification to schedules due to maintenance and scheduling conflicts and/or emergency situations, etc. C. Comply with the decisions of staff and abide by the established grievance procedures when concerns arise. D. Refrain from being a part of malicious gossip or activities, which would tend to be disruptive. E. Maintain an environment where conflict and differences can be addressed in a manner characterized by respect and civility. F. Abide by posted signage on policies pertaining to donated items; including but not limited to, how many food items can be taken per person per day. H. Eat, drink, and chew gum in designated areas only. I. Show proper care and regard for City property and the property of others; and make a reasonable effort at cleanup, returning facilities to the condition immediately prior to use. J. Abide by the City’s computer, printer, and copier use rules. 3. Prohibited Activities A. Possession of, being under the influence of, or using alcohol or controlled substances on Active Adult Center premises. B. Smoking or the use of tobacco, including e-cigarettes, inside or anywhere on the Civic Center premises which includes the Active Adult Center, Library, Community Center, City Hall Buildings, and parking lots. C. Using the Active Adult Center without footwear or a shirt. D. Using Active Adult Center restrooms for bathing, shaving, or washing hair or clothes. E. Using the Active Adult Center if one’s bodily hygiene is offensive so as to constitute a nuisance to others. F Dirtying or staining Active Adult Center facilities, material or equipment. G. Placing feet on tables, chairs or against walls. H. Loitering in the Active Adult Center or on City property. The public must leave the premises at closing time. I. Obstructing aisles or access to Active Adult Center facilities, furnishings, equipment or exits with oversized bags or assistive mobility devices. J. Posting or distributing of printed material inside the Active Adult Center without receiving approval from authorized Active Adult Center staff. The City Manager shall approve an “Active Adult Center Community Bulletin Board Procedure” for additional rules regarding posting of material. 245 Resolution No. 2022-4076 Page 146 K. Solicitation, selling, panhandling, or any other commercial activities. L. Photographing, audio recording, or filming without permission from City Administration or Active Adult Center staff except at governmental meetings open to the general public. M. Animals are prohibited, except for service or comfort animals for the disabled and for scheduled, approved Active Adult Center activities. Service dogs must have an assistance dog identification tag per California Food and Agricultural Code Section 30850. Comfort animals shall require approval of the City Manager or designee, subject to receipt of any requested documentation. N. Tampering with or destroying of computer equipment or files. O. Removing any hardware component or accessory from Active Adult Center computers. P. Using personal electronic equipment such as tablets, laptops, and calculators with a noise level that interferes with others. Q. Plugging in personal electronic equipment (i.e. cell phones/laptops) so that it creates a tripping hazard or disturbs others. 4. Disciplinary Process for Moorpark Active Adult Center A. Failure to comply with these standards of conduct may result in disciplinary actions, up to and including permanent suspension from the Active Adult Center. The severity of the infraction may be cause for immediate suspension without warning. When a serious act of misconduct by a participant occurs, the Active Adult Supervisor shall immediately investigate the allegation. The Supervisor shall make a recommendation to the or City Manager Designee regarding the final disciplinary action. In the interim, the Supervisor may immediately impose reasonable restrictions up to a temporary suspension verbally or in writing until the final action can be determined. B. The disciplinary actions below may be enforced and escalate directly to permanent suspension and/or any step(s) in between depending on the behavior, misconduct, level of disruption of normal activities or severity of the offense. The Moorpark Police Department will be called for assistance if necessary. If the disruption is suspected to be related to adult mental health issues, County of Ventura Adult Protective Services will be contacted for an investigation, as required by law. Family members may also be contacted, if known, to help alleviate issues, where appropriate. 1) First Occurrence – Verbal or written warning including a review of the Moorpark Active Adult Center Standards of Conduct- Policy. This staff review will also include possible suggestions on ways to avoid a recurrence of the incident of behavior. Depending on the nature of and/or the severity of the offense, a first occurrence can lead to permanent suspension. 1) Second Occurrence – A written admonishment to the participant with a copy to the City Manager or City Manager Designee shall be 246 Resolution No. 2022-4076 Page 147 completed. Depending on the nature of and/or severity of the offense, a second occurrence can lead to permanent suspension. 2) Third Occurrence – May include a temporary or permanent suspension from the Active Adult Center. Two suspensions within a twelve (12) month period may result in an extended or permanent suspension. A written suspension notice will be given to the offending party with a copy to the City Manager or City Manager Designee. 5. Appeal Process Request for review and appeal of any of the above steps must be in written form and delivered City Hall, Attention: City Manager, within ten (10) working days of the warning or suspension. After investigation, and within ten (15) working days of the incident, the City Manager or City Manager Designee shall notify the offending party, in writing, of the final decision. Policy 6.5: Recreation and Active Adult Program Cancellation and Withdrawal 1. Purpose The purpose and intent of the City Council in adopting the Cancellation and Withdrawal Policy is to provide direction to staff and the public relating to the refunding, crediting, or transferring of fees paid for program cancellations or withdrawals. 2. Definitions “Director” shall mean the Parks and Recreation Director or such successive position as determined by the City Manager. “Program” shall mean any recreation and active adult activity offered by the City of Moorpark, including but not limited to classes, camps, sports leagues and special events. A “Program” shall further be defined as having a unique activity or point-of- sale code. “Participant” shall mean the individual enrolled in a Program, or if under 18 years of age, his/her parent or legal guardian. “Payee” shall mean the individual who paid the Program fees, or if under 18 years of age, his/her parent or legal guardian. “Cancellation” shall mean the discontinuing of a Program that is initiated by the City. “Withdrawal” shall mean the withdrawal from a Program initiated by the Participant. “Refund” shall mean refunding monies paid directly to the Payee. “Credit” shall mean applying credit to the Payee’s account at the Arroyo Vista Recreation Center or Active Adult Center. 247 Resolution No. 2022-4076 Page 148 “Transfer” shall mean applying monies paid for a Program to another Program. “Non-Refundable Fees” shall mean fees which cannot be refunded, credited, or transferred by the City. Such fees include but are not limited to Active Network convenience fees, instructor lab fees, and any other fees not collected by the City. 3. Cancellations Initiated by the City: A. Programs cancelled prior to the first meeting date Fees paid shall be refunded, credited, or transferred in full for Programs cancelled by the City prior to the first meeting date. The Convenience Fee identified in Section 2 under Non-Refundable Fees cannot be refunded, but will be credited or transferred. Every effort will be made to reschedule cancelled programs. B. Programs cancelled after the first meeting date Fees paid shall be refunded, credited, or transferred at a pro-rated rate for Programs cancelled by the City after the first meeting date, less Non- Refundable Fees as defined in No. 2 of this policy. 4. Participant Initiated Withdrawals A. Application Process In order for Refunds, Credits, or Transfers to be processed for Withdrawals, the Participant must submit a request to the City. Requests for Withdrawal must be submitted by the Participant via telephone, e-mail, fax, or in person to an authorized City staff member. B. Application Period Requests must be received by the City within the prescribed time frame as indicated below in order to be considered. Requests must be received as follows: 1) One-day programs and day camps (including but not limited to individual camp days, workshops and other single-day classes, and registered events): One business day prior to the Program date. 2) Programs consisting of two or more meeting dates (including but not limited to multi-session classes and individual registration sports leagues): Prior to the start of the second meeting date. 3) Sports Leagues and Tournaments (including all team registration programs; only team managers may submit withdrawal requests): 248 Resolution No. 2022-4076 Page 149 Prior to the posting of the game schedule or five (5) business days before the first scheduled game, whichever occurs first. 5. Refunds, Credits, and Transfers A. General Conditions Any costs incurred by the City or a contract instructor including but not limited to uniforms, supplies, or equipment provided to the Participant, will be deducted from Refunds, Credits, or Transfers. B. Refunds Refunds will be made to the original Payee only. Refunds will be processed based on the original payment method. For credit card payments, fees will be refunded to the credit card account used to pay the fees. For cash or check payments, fees will be refunded via check within four weeks. In addition to deductions as stated in 5.A, a $10.00 processing fee will be deducted from all refunds resulting from participant initiated refunds. The $10.00 processing fee will be waived for Programs canceled by the City. C. Credits Credits will be applied to the Payee’s account at the Arroyo Vista Recreation Center or Active Adult Center. Credits may be applied toward fees for other Programs or park or facility rentals. Credits are valid from the date of issue until the end of the fiscal year. Credits not used by the end of the fiscal year will be refunded in accordance with the process described in 5.B. D. Transfers Participants who withdraw from one Program may transfer into another Program. If the cost of the Program being transferred into exceeds the fees available from the withdrawn Program, the balance due must be paid at the time of the transfer. If the cost of the program being transferred into is less than available fees, excess fees will be refunded or credited to the Payee. 6. Special Conditions and Interpretation The Director may designate fees for certain programs as non-refundable. Written notice will be posted at the registration window or admission booth indicating fees which are non-refundable. Event admission fees are an example of a fee that is non- refundable. In the event of unique circumstances not specifically and clearly addressed in this policy document, the Director is authorized to make interpretations of this policy and render a decision. 249 Resolution No. 2022-4076 Page 150 7. Right of Appeal A Participant has the right to appeal the decision by City staff to deny a Refund, Credit, or Transfer. An appeal must be filed in writing to the City of Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021 within five (5) business days of receiving notification of the denial. The City Manager or his/her designee will affirm or deny the appeal in ten (10) business days. The decision of the City Manager or his/her designee shall be final. Policy 6.6: Teen Council The Moorpark City Council has created a Teen Council 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 Council by the City Council. The details of the program and its functions are delegated to Parks and Recreation Director and his/her designee. 1. Purpose The purpose of the Teen Council shall be 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 Council by the City Council. 2. Goals To encourage young residents to actively participate in the operations of their City government in a positive and productive manner. To provide the opportunity to facilitate communication and a spirit of involvement by youth in City government. To provide a learning experience for Teen Council members that is conductive to leadership growth. 3. Membership and Organization All appointments to the Teen Council shall be made by the Mayor of the City of Moorpark, with approval of the City Council, consistent with the adopted Council on procedure for appointments (Policy 2.2). The Teen Council shall consist of no less than seven (7) and no more than fifteen (15) members, with a goal of having a minimum of one (1) representative from each grade level from 7th grade to 12th 250 Resolution No. 2022-4076 Page 151 grade. In the event there are sixteen (16) applications, the Council may appoint sixteen (16) members if it determines doing so would help meet the goal of having at least one (1) representative from each grade level from 7th grade to 12th grade. All representatives must be City of Moorpark residents and must be enrolled in school. Special attention should be given to ensure that all middle schools and high schools in Moorpark have some representation on the Teen Council. Representatives would typically be limited to not serving more than a total of three years on the Teen Council to allow more teens the opportunity to serve as a Teen Council representative. In addition to the advertisement procedures specified in Policy 2.2, applications for Teen Council shall be made available at City Hall, Arroyo Vista Recreation Center, Moorpark High School, , High School at Moorpark College, Chaparral Middle School, Mesa Verde Middle School, and any other location selected by the Parks and Recreation Director or City Clerk to encourage more applications. Teen Council members shall each serve a one (1)-year term commencing on July 1 of each year. If a vacancy occurs otherwise than by expiration of a term, an appointment may be made to fill the unexpired portion of the term of office in accordance with Policy 2.2 of this resolution (Advertising and Appointment Policy for Citizen Appointments to Boards, Commissions and Committees). The Teen Council shall conduct itself in an orderly fashion at all meetings and shall follow and obey the standing rules established by the Parks, Recreation and Community Services Department. A meeting quorum shall be defined as a majority of the total appointed members. No member of the Teen Council shall use the title of Teen Council member on any form of communication unless authorized by the Parks, Recreation and Community Services Director and then channeled through the Teen Council for approval. The Teen Council shall not present or purport to represent any position, policy, or direction for the City of Moorpark without the prior approval of the City Council. The Teen Council shall hold monthly meetings with the day, time and location to be determined at the first annual meeting of the Teen Council. Meetings shall be open to all interested participants. The Teen Council shall annually elect its chair and vice-chair from its appointed members. City staff will attend all meetings and provide administrative support to the Teen Council, including establishment of the agenda. 4. Duties and Responsibilities A. Attend all Teen Council meetings and other Teen Council activities. B. Actively participate in at least one Teen Council subcommittee, as approved by the City staff representative to the Teen Council. 251 Resolution No. 2022-4076 Page 152 C. Solicit, receive, and relay to City staff input and suggestions about any matters of concern to the teen residents in Moorpark. D. Participate in publicity and promotional activities of the Teen Council. E. Volunteer at recreation and library special events sponsored by the City’s Parks, Recreation, and Community Services Department. 5. Brown Act Compliance The Teen Council is subject to the Brown Act, including notice and agenda requirements. 6. Removal of Members Any appointed member of the Teen Council may be removed by either of the following: A. A majority vote of the City Council; or B. Following three (3) consecutive, unexcused or excused Teen Council meeting absences or five (5) total absences during the term of the Teen Council member, the Parks, Recreation and Community Services Director may determine the seat of such member to be vacant. 7. Volunteer Hours Assigned City Recreation Division staff shall prepare a written record of the volunteer hours for each Teen Council member for attendance at the meetings and activities described in Section 4 of this policy. A Teen Council volunteer hours report shall be prepared and presented to the City Council, City Manager, and Parks and Recreation Director in conjunction with the annual Teen Council recognition to be scheduled no later than the first regular Council meeting in June of each year. Policy 6.7: 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 252 Resolution No. 2022-4076 Page 153 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 6.8: Ban on Use of Anti-coagulant Rodenticides for City Landscape Maintenance Agreements The Scope-of-Work for City maintenance agreements for eradicating rodents shall contain the following in regard to Rodent Control: 1. The Contractor’s Pest Control Advisor’s (PCA) recommendations shall provide specific names of the specific vertebrate specie(s) expected to be killed by the use of the rodenticide recommended, and shall further include any known secondary target host (other vertebrate animals) that would likely be killed by the use of the rodenticide recommended. 2. The Contractor shall provide for the safe control and eradication of rodents with the intent to safeguard and promote the well-being of all surrounding habitat in the areas to be treated. Contractor further agrees to follow PCA recommendation and to advise the City of any known alternative methods for the control and eradication of rodents. The City reserves the right to reject the use of any rodenticide at any time. 3. In no instance shall the Contractor, Contractor’s PCA or other subcontractors apply any anticoagulant rodenticides. Policy 6.9: Youth Scholarship Program 1. The City of Moorpark Youth Scholarship Program provides financial assistance to the children of a City household with an income of less than 80 percent of the Ventura County median income based on household size. The intent is to provide the children of a lower-income household with an opportunity to participate in City sponsored recreation activities and programs offered through the City’s Arroyo Vista Recreation Center, including day camps, youth sports leagues, and recreation classes. Youth scholarships may be awarded to qualified applicants on a first-come, first-served basis, as approved by the City Manager or his/her designee, and may not be available for all qualified applicants. 253 Resolution No. 2022-4076 Page 154 2. The Youth Scholarship Program is available to qualifying City of Moorpark residents under the age of 18. Both the child and a parent/guardian must reside within the City of Moorpark. Proof of City residency is required and includes: A. A valid California driver’s license or California identification card; and B. If the address on the driver’s license or identification card is not current, then along with that identification, a current utility bill addressed to the parent/guardian must accompany the document. 3. Qualification to participate is based on total household gross income, which must be less than 80 percent of the Ventura County median income based on household size. Household income includes all sources of income for the family, including wages, public assistance, alimony, child support, etc. 4. The following documents are required to verify household income: A. Official letter from the Moorpark Unified School District confirming qualification for the current annual school year lunch program; or B. Current Federal tax return, current paycheck stub, and official documentation of child support, alimony, public assistance, or any other monies or income received. 5. Scholarships are awarded on a fiscal year basis, July 1 through June 30, and there is no carry over to the next fiscal year if not used by June 30. 6. The maximum scholarship award is $100.00 per qualifying child and $400.00 per qualifying household per fiscal year. If the applicant is requesting to use the awarded scholarship for a program fee that exceeds the scholarship limit, the balance of the program fee not funded by the scholarship would need to be paid to complete enrollment and permit participation. 7. Fees paid by scholarship awards cannot be refunded or transferred. Scholarship awards do not cover the annual registration fee for day camps nor the lab fees associated with other programs. Scholarship awards may not be applied to a prior registration or payment. 8. Current City employees, members of the City Council, and appointees to the Parks and Recreation Commission and their family members are not eligible for the City’s Youth Scholarship Program. For the purpose of this policy, “family members” is defined as follows: mother, father, grandfather, grandmother, aunt, uncle, cousin, sister, brother, son, daughter, step-son, step-daughter, son-in-law, daughter-in-law, nephew, niece, grandchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, spouse as defined as a partner in marriage (California Civil Code Section 4100), and domestic partner as defined by California Family Code Section 297 and including the requirement for the filing of a Declaration of Domestic Partnership with the Secretary of State. In addition, “family members” shall be defined to include non- blood relatives as a result of a subsequent marriage commonly referred to as a step- 254 Resolution No. 2022-4076 Page 155 relative, including but not limited to step-mother, step-father, step-sister, step- brother, step-son, step-daughter, step-grandchild, step-mother-in-law, step-father- in-law, step-brother-in-law, and step-sister-in-law. Policy 6.10: High Street Arts Center Ticket Donation and Discounting Policy 1. Purpose The purpose and intent of the City Council in adopting the High Street Arts Center Ticket Donation and Discounting Policy (Policy) is to govern the use of complimentary Ticket donations or price discounting in furtherance of public purposes for events or performances held at the High Street Arts Center. From time to time, requests are received from various entities for High Street Arts Center event or performance Tickets to be donated or sold at a discounted price for fundraising purposes. In addition, the City may offer to provide complimentary or discounted Tickets in exchange for financial donations in furtherance of public purposes. The use of complimentary or discounted Tickets is a privilege extended by the City and not the right of any person to which the privilege may be extended from time to time. This policy shall not be applicable if the City and/or Successor Agency to the Redevelopment Agency of the City of Moorpark approves an operating agreement for the High Street Arts Center. 2. Definitions. A. “City” or “City of Moorpark” shall mean and include the City of Moorpark, the Successor Agency and Successor Housing Agency of the Redevelopment Agency of the City of Moorpark, 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 Fair Political Practices Commission (FPPC) Regulation 18701. In addition for the purposes of this Policy, such term shall include, without limitation, any City Council member, City commission or board member or other appointed official, any employee of the City, and shall also include any employee of a consultant under contract to the City, who is required to file an annual Statement of Economic Interests (FPPC Form 700) with the City. C. “Event” means admission to a facility, event, show, or performance for an entertainment, amusement, recreational or similar purpose. D. “Ticket” shall mean any ticket or pass which provides any form of admission privilege to an Event. 3. Ticket Administrator 255 Resolution No. 2022-4076 Page 156 The City Manager or his/her designee(s) shall be the Ticket Administrator for purposes of implementing and interpreting the provisions of this policy, and as such shall not be eligible to receive any donated Ticket distributed pursuant to this policy. 4. Approved Public Purposes for Complimentary or Discounted Tickets The following is a list of approved public purposes the City may accomplish through the distribution of complimentary or discounted Tickets: A. A maximum of up to four (4) Tickets per calendar year may be donated to each public school located in the City of Moorpark and to any non-profit, non- political organization that benefits City of Moorpark residents, and specifically to non-profit organizations that benefit Moorpark youth (examples: local service clubs, organized youth groups, the Boys and Girls Club of Moorpark, and parent-teacher organizations). B. The City Manager may approve the donation of Tickets in support of a City employee recognition program for the purpose of attracting and retaining highly qualified employees in City service. An employee may receive no more than two (2) Tickets per calendar year. C. The City Manager may approve the donation of Tickets in support of a City volunteer recognition program for the purpose of attracting and rewarding volunteer public service, for which such volunteer may receive no more than two (2) Tickets per calendar year. D. The City Manager may approve the donation of Tickets in support of promoting the High Street Arts Center programs at intergovernmental meetings, City sponsored training events, or other special events held at the High Street Arts Center, not to exceed a maximum of four (4) Tickets per event. E. The Moorpark Chamber of Commerce may be given up to a maximum of four (4) complimentary Tickets per show in support of economic or business development purposes. F. Up to a maximum of thirty (30) Tickets per calendar year may be discounted in price up to fifty percent (50%) for purchase by the Moorpark Foundation for the Arts in support of increasing their membership and encouraging donations. G. Members of the cast and crew of the shows at the High Street Arts Center may be given up to a maximum of two (2) complimentary Tickets per production in which they are participating. H. Directors of each production may be given up to a maximum of ten (10) complimentary Tickets for that production. 256 Resolution No. 2022-4076 Page 157 I. Tickets may be discounted in price up to a maximum of twenty percent (20%) for purchase of no less than twenty (20) group Tickets at one time, except as prohibited by Section 5 of this policy. The group Tickets purchased at the discounted price for an annual fundraiser can be sold for the regular box office price or less, with any profit going to the charity. 5. Prohibited Complimentary and Discounted Tickets Complimentary and discounted Tickets are not permitted to be distributed to the following: A. For-profit or not-for-profit organizations with political objectives such as political action committees. B. Candidates for public office or their campaign committees. C. Elected officials. D. City Officials as defined in Section 2, except for the purposes of employee recognition, as permitted by Section 4.B. of this policy. 6. The High Street Arts Center General Manager shall file an annual report with the City Clerk with a copy to the City Council and City Manager no later than the first day of February of each calendar year, showing the documentation for all complimentary and discounted Tickets issued for the prior calendar year, including but not limited to the following: A. Name of organization or individual receiving complimentary Tickets B. Non-profit tax identification number for non-profit organizations C. Address of non-profit organization or other benefit verification documentation pursuant to Section 4.A. D. Quantity of Tickets Donated or Discounted E. Date of Ticket(s) donation or discount sale Policy 6.11: 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 257 Resolution No. 2022-4076 Page 158 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. 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. 258 Resolution No. 2022-4076 Page 159 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 259 Resolution No. 2022-4076 Page 160 tournaments, extreme challenge events, and timed bicycle or running events 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. 6. Cost Recovery Matrix 260 Resolution No. 2022-4076 Page 161 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. 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. Programs and Levels Minimum Recovery Target Recovery Minimum Recovery Target Recovery Minimum Recovery Target Recovery Level One: Includes: Community Events (A) Vital Services (J) Level Two: Includes: Special Events (B) Active Adult Classes (F) Special Interest Groups (K) Level Three: Includes: Day Camps (D) Youth Sports Programs (H) Level Four: Includes: Recreation Classes and Specialty Camps (E) Adult Sports Programs (G) Level Five: Includes: Other Events (C ) Tournaments and Competitions (I) Direct Costs Division Indirect Costs Other Indirect Costs 25% 100% 0% 25% 0% 0% 50% 100% 0% 50% 100% 0% 100% 100% 50% 75% 0% 0% 0% 0% 50% 75% 100% 100% 100% 100% 25% 100% 100% 100% 261 Resolution No. 2022-4076 Page 162 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 6.12: 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. The artwork design concept for a City public facility may involve a theme about persons or groups of persons, historic sites, cultural representations; style (such as sculpture or mural); and medium (such as metals, concrete, rock or paint). 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. in an amount not less 262 Resolution No. 2022-4076 Page 163 than one (1) percent of the facility’s total building valuation excluding land value and off-site improvements. The primary source of funding for public art projects at new public facilities shall be the same as the funding source for the facility. Supplemental funding may be provided from 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 6.13: 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. Policy 6.14: Contract Instructor Policy 1. Purpose The purpose and intent of the City Council in adopting this policy is to provide direction to staff and independent contractors relating to the methods and standards for contracting and managing independent contractors teaching recreation classes. 2. Definitions 263 Resolution No. 2022-4076 Page 164 “City” shall mean the City of Moorpark. “Director” shall mean the Parks and Recreation Director or his/her designee, as determined by the City Manager. “Class” shall mean any recreation class offered by the City of Moorpark. “Class Schedule” shall mean the document detailing all Class information. The Class Schedule shall be produced by the City, mutually agreed upon by the Contract Instructor and the City, and attached to and made part of the Agreement. “Contract Instructor” shall mean an individual or business contracted to provide instructional and teaching services for recreation classes. Contract Instructors are not employees of the City of Moorpark. “Potential Contract Instructor” shall mean an individual or business interested in providing instructional and teaching services for recreation classes, but has not yet been contracted to do so with the City of Moorpark. “Agreement” shall mean an agreement for teaching and instructional services, made and entered into between the City and the Contract Instructor. The City Manager shall have the authority to establish the form of the Agreement. “Proposal” or “Class Proposal” shall mean a recreation class proposition which includes a class title, course description, ages of participants, fees, class day(s), session dates, and times of instruction. 3. Contract Instructor Minimum Requirements All Contract Instructors must meet the following minimum requirements. Potential Contract Instructors must have the ability to meet the following minimum requirements prior to becoming a Contact Instructor: A. Valid Photo Identification Contract Instructors must be able to present valid photo identification to City staff. Valid photo identification must be a California driver’s license or similar identification card issued by the state of California. B. Education and Teaching Experience Contract Instructors must have the appropriate specialized experience, certifications, and background to carry out the duties involved in instructing recreation classes. At a minimum, Contract Instructors must have six (6) months teaching experience in the subject matter, and possess any licenses or certificates as dictated by industry standards. At City’s discretion, training and the ability to demonstrate competency in the subject matter may 264 Resolution No. 2022-4076 Page 165 substitute for teaching experience. C. Insurance Contract Instructors must procure and maintain, in full force and effect at Contract Instructor’s sole cost and expense, the types and amounts of insurance as established by the City Manager or his/her designee. D. Fingerprinting Required Contract Instructors must satisfactorily pass a fingerprinting process and background verification prior to conducting any recreation class(es) in which minors participate. E. Tuberculosis Test Contract Instructors must have been found to be free of communicable tuberculosis (TB) based on a negative TB skin test by a qualified medical professional within the last two years and provide written verification to the City. F. Authority to Sign Agreement All individuals or businesses who teach recreation classes as a Contract Instructor must enter into a written Agreement with the City. The individual signing the Agreement must have the authority to do so. G. Taxes and Earnings Contract Instructors must have a valid tax identification or social security number and pay all income taxes. The City will report earnings to the IRS. Contract instructors will be issued a 1099 form for each year worked. Contract Instructors do not fall under the definition of employee of the City of Moorpark. 4. Class Proposals Contract Instructors and Potential Contract Instructors who are able to meet the minimum requirements as described in Section 3 may submit to the City a proposal for recreation classes. The following conditions apply to all Proposals. A. Right of City to Negotiate, Accept, or Reject Proposals The City reserves the right to accept or reject any Proposal. The City also reserves the right to negotiate changes to any Proposal, including but not limited to class fees, dates/days/times, and course description. B. Proposal Process 265 Resolution No. 2022-4076 Page 166 Potential Contract Instructors: Individuals or businesses who do not have a current Agreement with the City, or have not had an Agreement with the City within the past two (2) years, must submit the following in order to be considered as a Contract Instructor: 1) Resume. The resume must include complete contact information, including full legal name, address, phone number(s), and e-mail address. It must also describe all education and experience related to the subject matter of the recreation class the individual or business wishes to teach. 2) References. A minimum of two (2) professional references must be provided. References from other public agencies or non-profit organizations are preferred. Contact information, including name, phone number(s), and e-mail address must be included for each reference, along with a brief description of the reference’s relationship to the Potential Contract Instructor. 3) Class Proposal. The class proposal must include the class title, an outline of the class material covered, a course description for use in the recreation guide, age group, proposed registration and lab fees, length and frequency of class sessions, and proposed times, days, and dates for the class. Proposals must be submitted by the deadlines described in 4.C. below. Current and returning Contract Instructors with a current Agreement or an Agreement within the last two (2) years may submit a Class Proposal only. C. Proposal Period Proposals will be accepted each season as described in this policy. Proposals must be received by the City on or before the dates listed below. Summer Classes (Classes held June through August): Potential Contract Instructors: February 15 Current/Returning Contract Instructors: March 1 Fall Classes (Classes held September through November): Potential Contract Instructors: May 15 Current/Returning Contract Instructors: June 1 Winter Classes (Classes held December through February): Potential Contract Instructors: August 15 Current/Returning Contract Instructors: September 1 Spring Classes (Classes held March through May): Potential Contract Instructors: November 15 Current/Returning Contract Instructors: December 1 266 Resolution No. 2022-4076 Page 167 D. Acceptance of Proposal 1) Potential Contract Instructors: Proposals may be accepted by the City if all of the following conditions are met: a) The Proposal includes all required information as described in Section 4.B. and is submitted by the deadline. b) The education and experience listed in the resume can be verified and the references are satisfactory. c) The class(es) proposed do not duplicate classes already offered by a current Contract Instructor for which there are satisfactory and consistent enrollments, unless: 1. It is determined by the Director, or his/her designee, that the class content is sufficiently different and it is offered in such a manner that it is not likely to impact the enrollment of classes previously approved by the City; or 2. It is determined by the Director, or his/her designee, that the class is offered on a different day or at a different time such that it is not likely to impact enrollment of classes previously approved by the City. d) The class(es) proposed meet the City’s needs, as determined solely by the Director. e) If using City facilities, the facility is available for the class(es) proposed. 2) Current and returning Contract Instructors: Proposals may be accepted by the City if all of the following conditions are met: a) The Proposal includes all required information as described in Section 4.B. and is submitted by the deadline. For repeat classes, the Contract Instructor may submit a Proposal referencing past information and updating class dates. b) Repeat class(es) proposed have a cancelation rate of less than 50% if offered for two or more seasons. c) New class(es) proposed do not duplicate classes already offered by another current Contract Instructor for which there are satisfactory and consistent enrollments, unless it is determined by the Director, or his/her designee, that the class content is sufficiently different and it is offered in such a manner that it is not likely to impact the enrollment of classes previously approved by the City. d) The class(es) proposed meet the City’s needs, as determined solely by the Director. e) If using City facilities, the facility is available for the class(es) proposed. 267 Resolution No. 2022-4076 Page 168 In the event a Proposal for a similar Class is submitted by both a current Contract Instructor and a Potential Contract Instructor, priority shall be given to the current instructor, so long as the current instructor’s performance has been satisfactory. E. Notification Within two weeks of receipt of a Proposal, the City will notify the Potential Contract Instructor or Contact Instructor in writing as to the status of the Proposal. If a Proposal has been accepted, the City shall finalize and agree upon class details with the Potential Contract Instructor or Contact Instructor. Upon agreement on class details, an Agreement and/or Class Schedule will be prepared. 5. Contract Instructor Agreement A Contract Instructor Agreement is required for all classes taught by a Contact Instructor. Agreements shall be for the term of the City’s fiscal year. An Agreement, including the Class Schedule, will be prepared for Potential Contract Instructors and at the start of the fiscal year for current or returning Contract Instructors. Subsequent Class Schedules shall be mutually agreed upon on a quarterly basis and attached to and made part of the Agreement. 6. Right of Appeal A Potential Contract Instructor or Contract Instructor has the right to appeal the decision by the Director or his/her designee to reject a Proposal. An appeal must be filed in writing to the City of Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021 within five (5) business days of receiving notification of the rejection. The City Manager or his/her designee will affirm or deny the appeal within ten (10) business days and notify the appellant in writing. The decision of the City Manager or his/her designee shall be final. Policy 6.15: City Event Vendor Policy 1. Purpose The purpose and intent of the City Council in adopting the City Event Vendor Policy is to provide direction to staff and vendors relating to the methods and standards for accepting and processing vendor applications for City sponsored events. 2. Definitions “City” shall mean the City of Moorpark. “Director” shall mean the Parks and Recreation Director or other City Manager designee. 268 Resolution No. 2022-4076 Page 169 “Event” shall mean any community event, special event, or other event offered by the City of Moorpark. “Vendor” shall mean an individual, organization, or business that sells any product or service, or provides information to attendees at a City Event. “Vendor Packet” shall mean the informational packet developed by the City that provides information and requirements for each specific Event. “Vendor Application” shall mean the form completed by the Vendor to apply to participate in an Event. “Vendor Agreement” shall mean the agreement entered into between the Vendor and City, which is included with the Vendor Application. . The City Manager shall have the authority to establish the form of the Agreement. 3. Vendor Minimum Requirements All Vendors must meet the following minimum requirements in order to participate in a City Event. Failure to meet the minimum requirements will result in the rejection of a Vendor Application, and/or exclusion or removal from a City Event. A. Seller’s Permit Vendors who are required by the State of California to hold a Seller’s Permit must submit a copy of their Seller’s Permit with the Vendor Application. Vendors may also be required to obtain a sub-permit for certain events, as identified in the Vendor Packet. Sub-permits must be submitted to the City by the date indicated in the Vendor Packet. B. Insurance Vendors must procure and maintain, in full force and effect at Vendor’s sole cost and expense, the types and amounts of insurance as established by the City Manager or his/her designee. C. Moorpark Business Registration Vendors must be in compliance with Chapter 5.08, Business Registration Permit, of the Moorpark Municipal Code and any provision amendatory or supplementary thereto. D. Food and Beverages Vendors who distribute any food or beverage item (whether or not fees are charged) are solely responsible for complying with health code requirements. Violations of the health codes may result in closure by the County of Ventura. The City of Moorpark and its officers, agents, and employees are not 269 Resolution No. 2022-4076 Page 170 responsible in the event of closures. Vendors must include a completed Temporary Food Facility (TFF) application and check for TFF fees, or a Mobile Food Facility (MFF) permit, with the Vendor Application. Vendors are responsible for contacting the Ventura County Environmental Health Division for health code requirements and questions. 4. Vendor Packet A Vendor Packet will be prepared by the City for each Event that includes opportunities for Vendors to participate. Vendors are responsible for complying with all terms and conditions set forth in the Vendor Packet, and paying all fees as described in the Vendor Packet. The Vendor Packet will include the following information: A. General Event Information The Vendor Packet will include, at a minimum, the Event name, date(s), time(s), location(s), entry fee for the public, and contact information. B. Amenities The Vendor Packet will include information on amenities that may be available to Vendors, including but not limited to restrooms, parking spaces, and power and water sources. C. Vendor Requirements and Limitations Vendor requirements and limitations will be established at the City’s sole discretion of the City Manager or his/her designee. The Vendor Packet will include a description of applicable vendor requirements, such as insurance, Seller’s Permits, food facility permits, and compliance with Ventura County Air Pollution Control District requirements for portable generators. The Vendor Packet will also describe Vendor limitations, including restrictions or limits on items or services. Vendors must comply with all Vendor requirements and limitations. Failure to comply will result in the rejection of a Vendor Application, and/or exclusion or removal from a City Event. D. Vendor Instructions Vendor Packets will include instructions to Vendors, such as check-in/check-out times and procedures, loading/unloading locations and procedures, and application procedures and deadlines. Vendors must comply with all Vendor instructions. Failure to comply with instructions will result in the rejection of a Vendor Application, and/ or exclusion or removal from a City Event. E. Vendor Fees Vendor fees will be established at the sole discretion of the City Manager or his/her designee. Vendor fees will be listed in the Vendor Packet. Vendor fees are payable 270 Resolution No. 2022-4076 Page 171 at the time of application submission. Once deposited, Vendor fees are non- refundable. No Vendor may participate in a City Event until fees have been paid in full. F. Vendor Priority and Application Schedule The Vendor Packet will contain the established schedule for submitting Vendor Applications to the City. Applications submitted outside of the established schedule will not be accepted. The City Manager or his/her designee shall have the sole discretion to establish priority acceptance of applications based on vendor type, non- profit status, residency, and other established written criteria. The priority in which Vendor Applications are accepted will be described in the Vendor Packet. 5. Vendor Applications and Agreements Vendors who meet the minimum requirements as described in Section 3 may submit a Vendor Application to the City. Each Vendor Application will include a Vendor Agreement. The following conditions apply to all Vendor Applications. A. Right of City Manager or his/her designee to Accept or Reject Applications The City Manager or his/her designee reserves the right to accept or reject any Vendor Application. B. Application Requirements Vendor Applications must be fully completed. Only original, signed applications will be accepted. Applications must be received by the date specified in the Vendor Packet. All required documentation, such as insurance or Seller’s Permits, must be included with the application. Failure to meet these requirements will result in rejection of the application. C. Vendor Agreement A Vendor Agreement is required for each Event. The Vendor Agreement must be signed in ink pen and may not be altered. The individual signing the Vendor Agreement for an organization or business must have the authority to do so. The Vendor Agreement must be submitted with the Vendor Application. Only original, signed Agreements will be accepted. D. Notification Within ten (10) business days of receipt of a Vendor Application, the City will notify the potential Vendor in writing as to the status of the Vendor Application. Upon the acceptance of a Vendor Application, the Vendor will be registered in the Event and fees will be deposited. A confirmation packet will be distributed to each Vendor no less than five (5) business days before the Event. 271 Resolution No. 2022-4076 Page 172 6. Exclusions The following are excluded from the provisions of this Policy: A. Sponsor booths. B. Community Yard Sale participants. C. Vendors participating in non-City sponsored events. Vendors participating in a non-City sponsored event located at or in a City park will be governed by the City Council Resolution adopting Rules and Regulations Governing City Park Rentals, as may be amended from time to time. Vendors participating in a non-City sponsored event at or on other City property, or on private property, for which a Temporary Use Permit is issued by the City, will be governed by the terms and conditions set forth in the Temporary Use Permit. 7. 3rd of July Fireworks Extravaganza This section establishes additional restrictions for vendors at the 3rd of July Fireworks Extravaganza. The purpose and intent of these restrictions is to limit the number of vendors and booth spaces in order to ensure adequate space for attendees to maneuver through the park, to provide food and beverages to event attendees, and to provide recreational activities in the form of games and attractions to event attendees. Literature or other items promoting a business are prohibited at this event. Vendor identifiers are limited to a single banner, not to exceed 10’ wide by 3’ high, affixed to the Vendor booth. Vendors at the 3rd of July Fireworks Extravaganza are restricted to the following: A. Food and beverage sales. B. Attractions and Games. C. Moorpark nonprofit organizations that sell or provide free of charge items appropriate to an Independence Day celebration, for example: American flags, hats, sunglasses, blankets, fans, or glow-in-the dark novelties. Items may contain “United States”, “USA”, or similar words, but may not contain any other commercial or non-commercial message, wording, or images other than basic shapes such as stars and stripes. This category is limited to five (5) total vendors selected on a first-come basis. The designation of a Moorpark nonprofit organization applies to those with current tax exempt status under Section 501(c)(3), 501(c)(4), 501 (c)(6), 501 (c)(19) of the U.S. Revenue Code and chartered within the limits of the City of Moorpark. If a selected vendor violates the prohibition of commercial or non-commercial message, wording, or images as described in their Vendor Agreement, the City will reject this vendor’s application for the 3rd of July Fireworks 272 Resolution No. 2022-4076 Page 173 Extravaganza in subsequent years. 8. Right of Appeal Vendors may not appeal the rejection of a Vendor Application due to Vendor’s failure to meet minimum requirements as described in Section 3. Vendors may not appeal the rejection of an application if the type of product or service offered is not permitted at the Event applied for, as described in the Vendor Packet. Vendors may not appeal the rejection of a Vendor Application if the Vendor Application is received by the City after the application deadline established in the Vendor Packet. If rejected for other reasons, a Vendor has the right to appeal the decision by City staff to reject a Vendor Application. An appeal must be filed in writing to the City of Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021 within five (5) business days of receiving notification of the rejection. The City Manager or his/her designee will affirm or deny the appeal in ten (10) business days. The decision of the City Manager or his/her designee shall be final. Policy 6.16: Moorpark City Library Materials Selection 1. Mission The Moorpark City Library (Library) provides information, lifelong learning, inspiration and enjoyment to people of all ages through reading and technology. This Materials Selection Policy sets guidelines used by the Library for the selection of books and other print and electronic materials. 2. General Governing Factors The selection of materials for the Library is governed by four factors: The needs of the individual and of the community. The individual merit of each work. The existing collection, budget and services of the Library. The Library adheres to the Library Bill of Rights and The Intellectual Freedom Statement (copy is available at the Moorpark Library Circulation Desk and at the City Clerk’s office). 3. Principles of Selection A. The Library aims to obtain and make readily accessible materials that fill the cultural, educational and leisure needs of City residents. B. Materials are selected from a number of sources. The basic consideration for the selection of any item is whether it is of proven or potential interest to the community served. 273 Resolution No. 2022-4076 Page 174 C. Additional criteria include:  Availability and cost of the material  The amount of similar material already in the collection  The availability of the material elsewhere in the community  The physical makeup of the material  Opinions expressed by critics or reviewers  Local interest or demand D. In selecting materials to reflect the diversity of the needs and interests of the residents of Moorpark, it should be recognized that some materials chosen may be offensive or trivial to some persons while being meaningful or significant to others. The Library does not endorse or agree with all opinions expressed in the materials in the collection. E. Materials shall be made as accessible as possible to the public. The Library does not serve as censor of the reading of any person. The Library recognizes the importance in an open and democratic society of allowing individuals to form their own opinions on issues and, therefore, acquires materials that some persons may consider to be of a controversial nature. F. Responsibility for the use of Library materials by minors rests with their parents or legal guardians. The selection of materials for the Library will not be governed by the possibility that these materials may come into the possession of minors. 4. Responsibility for Selection A. The initial responsibility for materials selection lies with the Library staff working within the area of service to children, young adults, and adults. The general public may recommend material for consideration. B. In making selections, Library staff shall do so in a manner based on principle rather than personal opinion, reason rather than prejudice, and judgment rather than censorship. The spirit of selection should be inclusive rather than exclusive. Variety and balance of opinion are sought whenever possible. C. The Moorpark Library City Representative shall be the City Manager or City Manager designee (City Representative), who shall be responsible for overseeing the development of the Library collection by the City Librarian according to the principles set forth in this policy. The City Librarian shall execute best practices in librarianship when developing the Library collection and shall be responsible for collection development. D. The Moorpark City Librarian and City Representative shall present an informational item to the Library Board each July identifying suggested allocation of collection budget resources to various types of materials for the Fiscal Year beginning July of that same year. Collection statistics for the prior 274 Resolution No. 2022-4076 Page 175 Fiscal Year shall be included within the Moorpark City Library Annual Report that is presented to the Library Board at the August meeting. The Library Board will provide suggestions to the City Librarian and City Representative who have final decision making authority on collection development. 5. Placement of Materials in the Library A. The Public has free access to all Library materials consistent with this policy. B. Placement of materials within the Library will be made by the City Librarian. Criteria include:  Assigned Classification  Format  Susceptibility to loss or damage  Rarity or cost C. The Library staff labels materials for placement only, not to predispose that the patron is for or against any materials. 6. Bindery / Book Mending Only those materials of local significance, of long-term importance to the collections, or heavily used items will be bound, rebound, or mended as needed. 7. Gifts – Funds Donations of funds are welcome and must be documented by the City. Donated funds must be immediately sent to the City of Moorpark Finance Department for deposit and accounting on the day received or the next business day if received on a weekend or after 5:00 pm. The City reserves the right to make the final decision on use of donations of funds towards library enhancements. 8. Gifts - Materials Donations of materials to enrich the collection are welcome. Donated materials are received by the Moorpark Friends of the Library and the Library staff reserves the right to review all donated materials to determine if any of the materials are to be added to the collection. If the donated materials do not meet the selection criteria to be added to the library collection, the materials become the property of the Moorpark Friends of the Library. 9. Withdrawal of Materials Damaged, worn, obsolete, superseded, or unused items may be withdrawn from the Library upon the written recommendation of the City Librarian with the written approval of the City Representative. Removing materials from the accessible collection and/or disposal of library materials shall be at the discretion of the City Representative. Recommendation 275 Resolution No. 2022-4076 Page 176 regarding resale, donation, or disposal of Library materials no longer needed for the accessible collection will be made by the City Librarian and approved by the City Representative prior to undertaking the following procedural options: A. Materials determined worthy of re-sale or donation shall be offered to the Moorpark Friends of the Library for the purpose of sale(s) with all proceeds to benefit the Moorpark City Library. Items that remain unsold are the responsibility of the Moorpark Friends of the Library who will dispose of the material. B. If the Friends of the Moorpark Library do not accept the discards worthy of re- sale or donation, the City, at its sole discretion, shall discard or donate the material to non-profit, charitable organizations as determined by the City Representative. C. Books determined not worthy of re-sale or donation will be appropriately disposed of by the City as determined by the Moorpark City representative. Any material that can be recycled will be recycled. 10. Reconsideration of Materials Persons objecting to the content of materials in the Library shall be invited to state their objection in writing and addressed to the Moorpark City Library. Any request for reconsideration will be reviewed by the City Librarian in consultation with the City Representative. The decision of the City Librarian shall be final. Policy 6.17: Moorpark City Library Internet and Computer Use and Patron Agreement 1. Introduction The Moorpark City Library (Library) provides the opportunity for public access to the Internet, which allows individuals of all ages the freedom to explore and expand their knowledge beyond the traditional “walls” of the Library. The following policy governs the use of public computer resources in the Library, including public Internet access, library workstations and library laptop computers, non-Internet applications, wireless network (Wi-Fi), and remote use of the library’s technology offerings. A copy of this policy shall be posted in the Library. Before using any public workstation at the Library, patrons agree to abide to this “Moorpark City Library Internet and Computer Use Policy and Patron Agreement”. By signing for a library card for their children under the age of 18, parents or legal guardians acknowledge that their children will be allowed access to the Internet. Library patrons that access the City’s Wi-Fi while using their own wireless capable devices will be required to affirmatively acknowledge a wireless user agreement prior to each use. 276 Resolution No. 2022-4076 Page 177 2. Internet Content The Internet is an unregulated, global resource that contains materials that some persons may find offensive. While the City will take precautions to regulate internet access by minors on the City’s library computers, the City is not responsible for anything that any library user may see or read while in the Library that the user or, in the case of minors, the user’s parents or legal guardian, may find offensive. The City is not responsible for a minor that brings into the library a wireless capable device that permits access to Wi-Fi, which is unfiltered and unsecured. The City urges parents or legal guardians to accompany their children while visiting the Library to ensure that their children are supervised at all times (see also Section 8 of this policy). 3. Internet Users Internet users are expected to act in a responsible, ethical, and legal manner. Users may not use Library computers to access Internet sites that depict or transmit material that violates state or federal law. The Library is not responsible for the content of retrieved information. Library users are responsible for critically evaluating the quality and accuracy of material obtained from the Internet. Internet filter software is not infallible and even when using filtering tools minors may be exposed to explicit material. The Library expressly disclaims and shall have no liability for any direct, indirect, or consequential damages related to information obtained from the Internet. All users shall expressly assume the risk of receiving incorrect, inaccurate, defective, fraudulent, or unlawful information while accessing the Internet through any equipment or service offered by the City of Moorpark. Wireless Internet users must agree to the wireless network user agreement, the wording of which shall be approved by the City Manager or his/her designee, before accessing the Library’s network with their own wireless capable devices. To protect their privacy, Internet users are advised to log off at the end of their session. 4. Internet Access Access on most of the Library computers is filtered as to sexually explicit content. Adult patrons, by default, have unfiltered access for themselves. A parent or legal guardian for children under the age of 18 shall designate, upon completing and signing the library card application in the presence of Library staff, whether they authorize unfiltered access to the Internet. Without this authorization, no minor shall be issued a card with unfiltered Internet access. Users whose conduct while using public computer systems is disruptive or interferes with the use of the Library by others, will be asked to modify their behavior or, if 277 Resolution No. 2022-4076 Page 178 unable to modify their behavior, will be asked to leave the Library. The City Library reserves the right to revoke or suspend computer privileges in the case of failure to comply with this policy or the violation of local, state, or federal law. The Library may suspend privileges by a minor without notification to the parent or legal guardian. In addition, unlawful activities will be reported to the Ventura County Sheriff’s department and dealt with appropriately. 5. Disclaimer for Assistance with Patron Owned Devices Library staff may provide verbal guidance about using a mobile or other personal device, and how to access the City’s wireless network. By requesting help or assistance with operating a patron’s personal cellular phone, eReader, tablet, laptop or other personal device, patrons agree to the following terms and conditions:  The Library makes no warranty or guarantee of any kind regarding any technology assistance provided.  The guidance could involve certain risks to the device and any data stored on the device and personal information stored on the Internet.  It is the patron’s responsibility to back up all software, data, and files on the mobile device.  Library Staff are neither responsible nor liable for any damage to the device and/or loss, damage, alteration or corruption of any software, data operating system or files that may result from Library staff guidance.  Given the complex and changing nature of computer and information technology, there may be omissions or inaccuracies in the information provided by Library staff.  Library Staff technical assistance is not permitted to include Library staff touching patrons’ personal electronic devices or equipment. 6. Wireless Network (Wi-Fi) Security Warning and Disclaimer A. The Library cannot guarantee the safety of data transmitted across its Wi-Fi. B. The Library assumes no responsibility for the configurations, security, or changes to personal data files resulting from a connection to the Wi-Fi; the safety of equipment (patrons should keep equipment with them at all times); nor the availability of a wireless connection (there is no guarantee that users will be able to make a wireless connection). C. The City’s Wireless Internet Network Policy (City Council Policy 2.14) applies to the Library use. As stated in Policy 2.14, all users with portable computers or devices capable of receiving wireless signals will be required to acknowledge they have read the City’s wireless network user agreement prior to each use. 7. Rules of Conduct for Internet and Computer Use 278 Resolution No. 2022-4076 Page 179 A. Library workstations are available for one hour per day per user. Sessions may be extended if no other patrons are waiting for workstations. Library staff may designate one or more computers for use as online homework tutoring stations and may allow an exemption from the one-hour rule on any such computer for this use between the hours of 3:00 p.m. and closing Monday through Thursday. B. One workstation will be designated as the “express” computer terminal. This computer will be specifically for quick use and limited to 15 minutes at a time. C. Use of a workstation is on a first-come/first-served basis. D. Users can sign up to use a workstation on a next-available basis. Requests for specific computers cannot be honored. E. Only one person at a time may use a workstation. Exceptions may be made at the discretion of Library staff. F. Printing may not be available at all public internet access computers. The printing fee shall be set by resolution of the City Council, and customers are not permitted to supply their own paper. Printers may not be moved or attached to other computers or patron personal devices. Printing from patron personal devices may be made available to patrons via a wireless printing system and coin vending system. G. Library laptop usage and procedures shall be at the discretion of Library staff and the City Representative and may change at any time. H. Users are prohibited from interfering with the performance of the network. Users must not reconfigure workstations, “hack” passwords, gain entry to closed areas of the network, or introduce computer viruses. Users are responsible for any hardware or software damage they cause. Tampering with hardware or software is considered vandalism and may result in legal action (violation of California Penal Code Section 502 et. seq.). I. Users may not use the workstation or laptops for illegal activity, including violating copyright laws or software license agreements. J. Users may not install their own software programs or attach personal hardware to Library computers other than a Universal Serial Bus (USB) for saving documents. K. Users must not interfere with the work of others and must respect privacy rights of all Library patrons. L. The Library upholds the right of confidentiality and privacy for all users; however, the Library reserves the right to monitor the use of its Internet services and review any electronic data generated from use of the Library’s 279 Resolution No. 2022-4076 Page 180 computers as may be needed to maintain the City’s computer network. Daily sign-in logs for Internet use are considered temporary records and are not retained. M. Absolute privacy for patrons using electronic resources in the Library cannot be guaranteed. There exists a possibility of inadvertent viewing by other patrons, either by watching the user’s screen or because a user may leave the screen unattended. N. The Library does not provide individual e-mail accounts to users; however, users with existing e-mail accounts may access their accounts or users may register for free e-mail services available on the Internet. The Library assumes no responsibility and shall have no liability for any claim or damage resulting from the provision of such Internet access to users. O. Use of the Library’s computers is a privilege. Users must end their sessions, log out, and leave the workstations or laptops when asked to do so by Library staff. 8. Supervising Computer Use by Children The Library does not serve in loco parentis (in the place of a parent). Librarians cannot provide supervision of children as they explore the Internet. The responsibility for what minors read or view on the Internet rests with parents or legal guardians. The following are recommended guidelines for parents and legal guardians to ensure that children have positive online experiences, whether at home or at the Library. A. Use the Internet as a family. Join your children in Internet exploration. B. Explore the wide range of available information and tell your children about sites you consider inappropriate for them. C. Provide guidelines for your children on the amount of time they spend online, just as for television viewing. D. Instruct children NEVER to give out personal information (name, address, password, telephone number, credit card number) online. E. Teach children to be good online consumers. As with print information, consider the source, date and accuracy of online information. F. Parents or legal guardians and children are encouraged to read "Child Safety on the Information Highway" and “Teen Safety on the Information Highway” available free at any library location or at www.safekids.com and www.safeteens.com. 280 Resolution No. 2022-4076 Page 181 9. Policy May Be Revised The City of Moorpark reserves the right to revise this policy from time to time. If revised, a copy of the current policy will be available online at moorparklibrary.org at the Library Circulation Desk and in the City Clerk’s office. All patron use of the Library Internet workstations must be in compliance with the current policy whether or not a patron has signed or read the revised policy. Policy 6.18: Moorpark City Library Circulation The following policy governs the terms by which materials may be borrowed from the Moorpark City Library (Library). 1. Library Card Registration Any person residing in California may borrow materials free of charge from the Library. Cardholders are responsible for all material checked out on their card. The Moorpark City Library Card application may be revised from time to time. Changes will be submitted by the City Librarian and reviewed and approved by the City Representative before changes are implemented. Library Card applications shall be made available in both English and Spanish. Library Cards for Adults. Any person 18 years of age or older applying for a Library card must show proof of identity and residence. Post office boxes are acceptable as mailing addresses; however, proof of residence is required to obtain a card. Acceptable identification may be any of the following: A. California driver’s license B. California identification card C. Check imprinted with name and address D. Official mail (postmarked with current address) E. Current bill imprinted with name and address F. Current monthly rent receipt G. Tax payment receipt Restricted Temporary Library Cards for Teenagers without Parental or Legal Guardian Signature. Patrons 12 years of age through 17 years of age are classified as teenagers in this policy. Teenagers do not need a parent’s or legal guardian’s signature to get a restricted, temporary, one-time use card; however, a parent or legal guardian must sign the application in person, in the presence of Library staff, 281 Resolution No. 2022-4076 Page 182 for the teenager to obtain their permanent card, which allows continued checkout of material, use of the public computers, and the ability to check out media (DVDs, etc.). In order to obtain a temporary, one-time use card, the teenager must be a Moorpark resident or attend a Moorpark school. To obtain their temporary card, the teenager must present a picture ID verifying residency or attendance at a Moorpark school. The temporary, one-time use card allows teenagers to check out two written material items only. Library staff will provide the teenager with a letter for their parent or legal guardian which explains the temporary card. Library Cards for Children. All children are eligible to become a library cardholder with the understanding that the child’s parent or legal guardian agrees to take responsibility for maintaining the child’s account in good standing. Good standing includes the return of materials borrowed on the account, and resolving any associated late fees, item damage, or any other charges. The signature of a parent or legal guardian, in person at the Library, is required on applications of children under 12 years of age and for permanent library cards for youth ages 12 through 17. Once the library card application is signed, the cardholder agrees to follow the rules and regulations of the Library. New cardholders are limited to borrowing two items on the first day the card is used. When those items are returned, the cardholder may borrow with full privileges as long as their account is in good standing. 2. Confidentiality of Library Records California State law (Government Code, Title I, Division 7, Chapter 3.5, Sections 6254 (j) and 6267) protects the confidentiality of library patrons. Library staff will always operate in a manner that conforms to the requirements of the law in the handling of cardholder records and accounts. According to this statute, Library staff may not release information to any other party regarding any item borrowed by any other person, including information released to a parent or legal guardian regarding what items their child has checked out. As permitted by the above-cited statute, Library staff may release information on a cardholder’s account to a third party if the cardholder has provided a written notice allowing the third party access to the cardholder’s account information. A cardholder may authorize another party to pick up and check out materials by sending his or her library card along with the written request or notice with the third party. Cardholders may elect to associate their Library card account with that of another cardholder for purposes of learning what items are checked out on the associated card, to receive notice that the associated card has fees, or to pick up holds. The request to associate cards must be made in person at the Library, both cardholders must be present to associate cards, and both cardholders must have their library cards with them. Requests for another patron to pick up holds without an authorized association noted on the account will not be honored. Demographic information may be gathered in order to plan Library services. This 282 Resolution No. 2022-4076 Page 183 information is used anonymously and is not disclosed in any way that would identify the person registering. All information provided on the registration form is protected by the statute cited above. 3. Non-Resident Cardholders Persons residing outside of the State of California may obtain a Library card by paying a non-resident fee as determined by resolution of the City Council. Payment of this fee will entitle the cardholder to the same borrowing privileges enjoyed by all other Library card holders. 4. Loan Periods The Moorpark City Library Fine and Fee Schedule is available online at moorparklibrary.org and at the Library Circulation Desk, and includes the loan periods. For purposes of this policy, new bestseller material shall remain in that category no longer than three (3) months. Materials checked out at Moorpark City Library that belong to other consortium libraries shall follow the lending policy of the owning library, not the Moorpark City Library lending policy. Cardholders may review their accounts online or phone the library to check loan periods or renewal capability. Reference materials must be used in the Library and are not available for checkout. These materials may be loaned to other libraries for in-library use only. The Discovery Kits Collection can only be checked out at the Moorpark City Library and to adult Moorpark City Library cardholders. Discovery Kits are not available to be loaned to other libraries. 5. Renewals All Moorpark Library items, except the Discovery Kits Collection, will auto-renew one time for the standard loan period for the item unless the item is on hold for another cardholder. At the completion of the renewal period, Cardholders must return the item to the library to avoid incurring late fees. 6. Number of Items per Library Card Reference the Moorpark City Library Fine and Fee Schedule for details regarding borrowing limitations and fines and fees. 7. Holds and Suggestions for Purchase Holds may be placed to reserve items by completing a hold request form on the online catalog. Cardholders will be notified via e-mail or by phone when items are available. Items will be held for one week from the date of notification to the cardholder. 283 Resolution No. 2022-4076 Page 184 Items not owned by the Moorpark Library may be requested from other consortium libraries through the shared library catalog. Library cardholders are also welcome to fill out a “Suggestion for Purchase” form, available at the library or on-line at the library website. A librarian will review each of these suggestions. 8. Overdue, Lost, and Damaged Material Cardholders assume full responsibility for the return of materials, in good condition, on or before the due date noted on the receipt provided at check out. Fees accrue for each day the Library is open. Fees vary by item type. There are two outside item return bins; one for books and one for media (CDs, DVDs, Audio Books, etc.). Patrons are advised to return media to the circulation desk or place media in the media designated book drop. Patrons will be charged for media materials that have been damaged from being returned in the book drop marked for books. The Discovery Kit Collection must be returned to a library staff person at the Circulation Desk. Discovery Kits will be inspected at check out and upon return to make sure that all items are included. Deterioration of the Discovery Kits is expected. Patrons will not be charged for basic wear and tear or the cost of replacing disposable items (i.e. batteries, ink, etc.). Patrons will be charged the replacement cost for missing items. If the Discovery Kits are returned with excessive damage, patrons will be charged the replacement cost of damaged items. Patrons will be charged for Discovery Kits damaged from being returned in either the media or book drop bins. Library cardholders assume full responsibility for loss or damage to materials they check out. Damage includes, but is not limited to, stained and/or torn covers or pages, writing in or on materials, liquid damage, missing pages, missing pieces, scratched discs, and dirty or damaged cases or damaged parts. Charges for materials lost or damaged beyond repair will be the price shown in the Library’s automated catalog, either the actual cost or a default cost for the type of item plus a processing fee (reference the Moorpark City Library Fine and Fee Schedule), and accrued overdue fees (if applicable). In the cases of unusual circumstances, it will be left to the City Librarian under direction of the City Representative to assess charges for lost or damaged materials other than as specified by the Moorpark City Library Fine and Fee Schedule. In lieu of paying for a lost item, a cardholder may replace the lost material with like material of equal or greater quality if the replacement item fulfills collection development criteria. The City Librarian has final authority to determine the acceptability of the substitute item. The cardholder is still responsible for the processing fee and any overdue fees accrued. Charges for damaged materials that can be repaired will be determined on a case-by-case basis by the City Librarian under the direction of the City Representative. 284 Resolution No. 2022-4076 Page 185 It is the responsibility of the cardholder to return borrowed items on time. Overdue notification is done as a courtesy only. Overdue items are considered lost 30 days after the due date and applicable fees will be assessed. If an item has been determined lost and the patron has paid the required fee, but is able to locate and return the item in good condition within 30 days of paying the lost item fee, a refund for the cost of the lost item will be processed. No refunds for lost items will be processed after 30 days have passed. Cardholders are advised to keep check out receipts and verify item due dates on their online account as they are responsible for all fees whether or not they receive a courtesy notice. If approved by the City Representative, Cardholder accounts with fees totaling $5.00 or more will be suspended and blocked from further use until fees are paid. In financial hardship cases, the City Librarian may work with the cardholder to provide an alternate payment plan and will note such arrangements on the cardholder record for tracking purposes. 9. Recovering Overdue Materials The Library sends courtesy overdue notices to a cardholder, via email or text message, 14 days after an item is due. At 28 days after the item is due, a second notice and bill is sent to the cardholder requesting that either: 1) the item be returned and fees paid; or 2) the cardholder can pay the cost of the item, which shall be identified as lost, plus a processing fee established by Resolution of the City Council. At 14 days following the second notice, delinquent accounts with a value of over $50.00 shall be referred by the City to a collection agency. Policy 6.19: Moorpark City Library Standards of Conduct Everyone has the right to use Moorpark City Library (Library) services and resources provided his or her behavior does not unreasonably interfere with the rights of others to do the same. The patrons of the Library have the right to expect the facility to be a clean, safe, and accommodating place for reading, writing, doing homework or research, browsing for Library materials; quietly conferring with others, including Library staff; and attending programs and meetings. Patrons are urged to report disruptive behavior so that appropriate steps can be taken. Neither the City of Moorpark nor the Library are responsible for lost or stolen items, although please check with Library staff if you have lost anything. Found items may be temporarily retained in accordance with City lost and found procedures. Patrons need to keep their belongings with them at all times as staff cannot be responsible for their safekeeping. This policy is intended to maintain the Library’s peaceful atmosphere, facilitate Library usage, preserve easy access to Library materials, and protect Library property. Patrons shall be considerate of others by refraining from activities that may disturb others or disrupt Library activities. Keep all conversations quiet and set mobile and electronic devices to silent mode. All patrons and staff have the right to be safe, and feel safe while 285 Resolution No. 2022-4076 Page 186 attending a City facility or program. With this right comes the responsibility to be law-abiding citizens and to be accountable for actions that put at risk the safety of others or oneself. Patrons shall comply with all established and adopted rules and procedures governing City buildings. 1. Dangerous, destructive or illegal conduct, including any violation of local, state, or federal law but not limited to the following, is strictly prohibited: A. Engaging in or threatening physical assault or abuse. B. Displaying a weapon of any type. C. Threatening or harassing other patrons or staff, including but not limited to battery; verbal threats; stalking or following; offensive staring or touching; unwanted sexual advances, comments, or gestures; or other behavior typically defined as harassment. D. Theft of Library and/or personal property. E. Damaging, defacing, vandalizing, or destroying Library property or grounds. 2. Prohibited Activities: Eating and chewing gum in the Library public areas (conference room excluded) without Library staff approval. Beverages in covered containers are allowed in the Library. Covered containers include bottled drinks with a tight lid, hot drinks in a cup with a tight lid, baby bottles, etc. Using the Library without footwear or a shirt. Possession of, being under the influence of, or using alcohol or controlled substances on Library premises. Smoking, as defined by the City Municipal Code, inside or anywhere on the Civic Center premises which includes the Library, Active Adult Center, Community Center, City Hall Buildings, and parking lots. Alcohol and all illegal drug products are also prohibited on the Civic Center premises. Unruly behavior, such as running, jumping, hitting, wrestling, throwing objects, or other aggressive actions or statements will not be tolerated. Use of sports equipment in the Library. Skateboarding, roller skating, or riding a scooter or other mobility device in the Library. Mobility devices must be inside a backpack or bag if brought into the building. Token operated lockers are located on the Library porch for storage of personal items. 286 Resolution No. 2022-4076 Page 187 Bicycles may not be brought inside the Library or left on the porch, or block any entrance to the Library. Bicycles should be locked in the bike rack outside. Sleeping in the Library or on Library grounds. Bringing sleeping bags, bedrolls, mats or blankets (except blankets for use by young children), large boxes, shopping carts, and oversized backpacks or duffle bags into the Library. Using Library restrooms for bathing, shaving, or washing hair or clothes. Using the Library if one’s bodily hygiene is offensive so as to constitute a nuisance to others. Dirtying or staining Library facilities, material or equipment. Placing feet on tables, chairs or against walls. Loitering in the Library or on City property. The public must leave the premises at closing time. Obstructing aisles or access to Library facilities, furnishings or equipment. Posting or distributing of printed material inside the Library without receiving approval from authorized Library staff. The City Manager shall approve a “Library Community Bulletin Board Procedure” for additional rules regarding posting of material. Solicitation, selling, panhandling, or any other commercial activities. Photographing, audio recording, or filming without permission from City Administration or Library supervisory staff except at governmental meetings open to the general public. Animals are prohibited, except for service or comfort animals for the disabled and for scheduled, approved Library activities. Service dogs must have an assistance dog identification tag per California Food and Agricultural Code Section 30850. Permission for a comfort animal shall require City Representative approval, subject to receipt of requested documentation. Tampering with or destroying of computer equipment or files, manipulating or bypassing Library software systems such as those used to regulate computer use. Please refer to the “Moorpark City Library Internet and Computer Use Policy” for further clarification. Removing any hardware component or accessory from Library computers. 287 Resolution No. 2022-4076 Page 188 Using any other person’s Library card to obtain computer time or check out library materials. Using personal appliances such as tablets, laptops, and calculators with a noise level that interferes with others. Cellular phones must be turned off or switched to a non-audible signal and answered outside the Library. Plugging in personal electronic equipment (i.e. cell phones/laptops) so that it creates a tripping hazard or disturbs others. Printing and copying via coin and bill vending machines at the library are not for business or commercial use. There may be quantity or time limits imposed by Library staff to ensure fair patron use on a case-by-case basis. 3. Use of the Library Meeting Room The priority use for the Moorpark Library meeting room is for Library programs, services, and activities, including Moorpark Friends of the Library meetings. When not needed for these purposes, the meeting room is available for Library users on a first come, first served basis. The meeting room may not be reserved other than by request to the Library staff and pre-approval of the City Representative, and only when related to and in support of City programs, services, and activities. The meeting room may not be reserved for use by for-profit businesses or non-profit organizations, except as may be related to operating the Library as approved by the City. 4. Children in the Library The Library is dedicated to providing free access to information to the entire community in a safe and pleasant Library environment. Children are welcome in the Library and encouraged to use its resources and services. The Library is not, however, an after-school or day-care facility. The Library cannot assume responsibility for the care and safety of unsupervised children. Children under the age of 10 may not use the Library unless supervised by a parent or guardian at all times. Older brothers, sisters, or caretakers under the age of 16 are not considered adequate supervisors. A responsible adult must directly accompany preschool children at all times. If a child under the age of 10 is left at the Library unsupervised, the parent will be warned upon picking up the child, and if this happens again, staff reserves the right to contact the Moorpark Police Department. Children of any age who behave in such a manner as to disrupt the Library environment will be subject to the disciplinary process in Section 5 of this policy. Disruptive behavior includes any situation, which causes the child, other Library patrons, or Library staff distress or concern, whether or not the parent/caregiver is present. 288 Resolution No. 2022-4076 Page 189 Regardless of the age of the child, parents of a disruptive child will be asked to control the child's behavior or remove the child from the Library immediately if requested by staff. If a child is left unattended at closing time, staff will make a reasonable effort to locate the parent/guardian. All children, regardless of age, should be able to provide current emergency contact information, including a telephone number. If staff is unable to reach a responsible adult, law enforcement will be contacted to take custody of and ensure the safety and welfare of the child. 5. Disciplinary Process for the Moorpark City Library A. Failure to comply with this Library Standards of Conduct Policy may result in disciplinary actions, up to and including permanent suspension from the Library. The severity of the offense may be cause for immediate suspension without warning. When a serious act of misconduct by a patron occurs, the City Librarian shall immediately investigate the allegation. The City Librarian shall make a recommendation to the City Representative regarding the determination of final disciplinary action. In the interim, the City Librarian may immediately impose reasonable restrictions up to a temporary suspension verbally or in writing until the final determination of action is completed. B. The disciplinary actions below may be enforced and escalate directly to permanent suspension and/or any step(s) in between depending on the behavior, misconduct, level of disruption of normal activities, or severity of the offense. The Moorpark Police Department will be called for assistance if necessary. If the disruption is suspected to be related to adult mental health issues, County of Ventura Adult Protective Services will be contacted for an investigation as required by law. Family members may also be contacted, if known, to help alleviate issues, where appropriate. 1) First Occurrence – Verbal or written warning including a review of the Moorpark City Library Standards of Conduct Policy. This staff review will also include also include possible suggestions on ways to avoid a recurrence of the incident of behavior. Depending on the nature of and/or severity of the offense, a first occurrence can lead to permanent suspension. 2) Second Occurrence – A written admonishment to the participant with a copy to the City Representative shall be completed. Depending on the nature of and/or severity of the offense, a second occurrence can lead to permanent suspension. 3) Third Occurrence – May include a temporary or permanent suspension from the Library. Two suspensions within a twelve (12) month period may result in an extended or permanent suspension. A written suspension notice will be given to the offending party with a 289 Resolution No. 2022-4076 Page 190 copy to the City Manager and City Representative. C. Appeal Process Request for review and appeal of any of the above steps must be in written form and delivered to City Hall, Attention: City Manager, within ten (10) working days of the warning or suspension. After investigation, and within fifteen (15) working days of the incident, the City Manager or City Manager Designee shall notify the offending party, in writing, of the final decision. Policy 6.20: Moorpark City Library 3D Printer Policy 1. Introduction The Moorpark City Library is committed to offering community access to emerging technologies, such as 3D printing to create three-dimensional objects, to inspire a new interest in creation and collaboration at the Library. The following rules and procedures are intended to govern the public use of the Library’s 3D Printer to allow for fair access to all Library patrons. 2. 3D Printer Policy Rules A. The Library’s 3D printer is available for use by the public. B. The Library’s 3D printer may only be used for lawful purposes. As determined by the City Manager or designee the public will not be permitted to use the Library’s 3D printer to create material that is: 1) Prohibited by local, state, or federal law. 2) Unsafe, harmful, dangerous or poses an immediate threat to the well- being of others. 3) A weapon or closely resembles a weapon. 4) Obscene or inappropriate (as determined by Library staff at their sole discretion). 5) In violation of intellectual property rights, including but not limited to a copyright, patent, or trademark protection. C. There will be a fee to use the 3D Printer, as established in a City Council approved Library Fee Schedule Resolution. D. The Library 3D Printer will not be used to reproduce material that is subject to copyright, patent, or trademark protection. All 3D printer users shall be required to acknowledge that they have read the following copyright notice prior to submitting a 3D printing proposal request: NOTICE WARNING CONCERNING COPYRIGHT AND OTHER LEGAL RESTRICTIONS. The copyright (Title 17, United States Code), intellectual property (patent law for example under Title 35, United States Code) and 290 Resolution No. 2022-4076 Page 191 other laws of the United States may govern the making of photocopies or other reproductions of content protected by copyright, patent and other laws. Libraries and archives furnish unsupervised photocopy or reproducing equipment for the convenience of and use by patrons. Under 17 U.S.C. § 108(f)(2) the provision of unsupervised photocopy or reproducing equipment for use by patrons does not excuse the person who uses the reproduction equipment from liability for copyright infringement for any such act, or for any later use of such copy or phonorecord, if it exceeds fair use as provided by section 107 or any other provision of the copyright law, nor does the provision of unsupervised photocopy or reproducing equipment for use by patrons excuse the person who uses the reproducing equipment from liability for patent, tort (such as products liability) or other laws. This institution reserves the right to refuse to make available or provide access to photocopy or other reproducing equipment if, in its judgment, use of such equipment would involve violation of copyright, patent or other laws. E. The Library reserves the right to refuse any 3D print request. F. The Library will only print objects that will take less than 4 hours to print. G. Items printed from the Library’s 3D printer that are not picked up within 7 days will become the property of the Library. Items must be picked up by the individual who printed them, after the printing fee is paid. H. Only designated Library staff and volunteers will have hands-on access to the 3D printer. I. Supervision of the use of the 3D printer by Library staff does not constitute knowledge or acknowledgment of any final use of the 3D product and the Library specifically disclaims any knowledge thereof. J. The following disclaimer shall be required to be acknowledged by a patron at the time of submittal of the 3D Printer proposal form: Disclaimer: The Library cannot guarantee model quality or stability, confidentiality of designs, or specific delivery times. Print quality can be affected by any number of variables. The Library does not refund printing fees for completed items which do not come out as intended due to options selected by the individual requesting the 3D print, including but not limited to scale, quality, design, required support material, etc. 3. 3D Printing Procedure The 3D Printing Procedure is intended to prescribe an orderly process to allow the public to have access to printing from the Library’s 3D printer in a reasonable time period. A. Design creation: 291 Resolution No. 2022-4076 Page 192 Any 3D drafting software may be used to create a design if the file can be saved in Stereolithography (stl) format and the file size is no larger than 10 megabytes (MB). Creating a new design requires knowledge of 3D modeling software products. Library patrons will be reminded to use software to check for errors and to help repair errors before the file is submitted. B. Submitting a file for printing: 1) Patrons that want to use the 3D printer must submit a proposal form, pay the 3D printer fee, and acknowledge the Notice concerning copyright and other legal restrictions and the Disclaimer. 2) The files will be readied for printing by the Patron using the authorized software. 3) Library staff will review all files before printing. 4) Following file approval, Library staff will add the model to the printing queue. Patrons will be notified by email when their job is completed and ready to be picked up. 5) The Library will schedule only one print per day per person or entity if there is a high demand. 6) The maximum dimensions are 152 mm x 152 mm x 158 mm (6 in. length x 6 in. width x 6.2 in. height). 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. Policy 7.2: City Public Sidewalk Inspection and Repair Program 1. Inspection: All public sidewalks shall 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. 292 Resolution No. 2022-4076 Page 193 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. 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 293 Resolution No. 2022-4076 Page 194 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, and 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;, and for a 35-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 10 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. 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. 1. Placement of Above Ground Structures in the Sidewalk: 294 Resolution No. 2022-4076 Page 195 The following guidelines shall be followed in determining the location of above ground structures in the sidewalk. Such structures include, but are not limited to, facilities owned by the City, any utility company or district, and the U.S. Postal Service. The location of such structures shall be consistent with these guidelines unless unique circumstances require other action. In any case, the placement of such structures shall be consistent with minimum requirements for handicap access. A. Whenever possible, traffic control signs shall be placed on street light poles instead of separate sign poles. B. Sidewalks having widths greater than five feet (5') and sidewalks with parkways: 1) All signs, poles, mailboxes, etc. shall be placed behind the curb with the minimum setback. 2) Fire hydrants shall be placed five feet (5') from the curb face. C. Sidewalks having a width of five feet (5') or less: 1) All stop signs, yield signs, turn prohibition signs, large guide signs, traffic signal poles and similar traffic signs shall be placed behind the curb with the minimum setback. 2) Except as noted in Item #1.A. above, all other traffic control and traffic warning signs shall be placed behind the sidewalk, provided adequate visibility is maintained. Parking restriction signs placed behind the sidewalk may require placement at shorter intervals. 3) Mailboxes may be placed behind the curb with the minimum setback, provided additional sidewalk width is constructed sufficient to provide a sidewalk width consistent with the width of the sidewalk adjacent to the mailbox. 4) All other facilities shall be placed behind the sidewalk. 2. Public Notification of Street Projects: When deemed necessary and appropriate, City staff shall provide those property owners and residents affected with written notice of the City's intent to construct a street improvement project. Such notice shall only be given when and if the City Engineer/Public Works Director determines that a given project could adversely impact certain properties. When given, such notice shall be mailed to the owners and residents of properties, which could be adversely affected by the project. Any such notice shall be mailed at least ten (10) days prior to the date the City Council is scheduled to consider the approval of the plans and specifications for such project 295 Resolution No. 2022-4076 Page 196 and/or authorization to advertise for receipt of bids for the construction of such project. 3. Grading: The following guidelines shall be followed by the City Engineering Department in the review and approval of grading plans and the administration of grading operations: A. Conceptual Grading Plans: On all tentative tract maps, parcel maps, and applications for land development where grading quantities will be equal to or greater than fifty cubic yards (50 cu. yds.), obstruct a drainage course or impact another property owner's property, a conceptual grading plan shall be a part of the submittal to the City. The conceptual grading plan shall show pad elevations, tops and toes of slopes and walls, borrow and fill quantities, and the general drainage pattern. The location of any anticipated siltation, retention or debris basins shall be shown. As a condition of approval, surety shall be provided for the full cost of the grading operations, including implementation and maintenance of Best Management Practices for erosion control. On projects where the grading quantities do not exceed twenty thousand cubic yards (20,000 cu. yds.) and where all grading is in an isolated self- contained area (such as agricultural land) and where the actual limits of proposed grading will have a significant buffer from and have no drainage impact to adjacent properties, and the grading creates no adverse aesthetic impacts to views or hillsides, the City Engineer in consultation with the Community Development Director after review of a plot plan and supporting information concerning drainage and buffer areas, may determine that a grading plan is unnecessary. B. Contour Grading: 1) Findings: The Council hereby finds that the terrain of certain areas of the City provides a unique and substantial character to the area and forms an integral part of the City's total environment. Due to their physical dominance on the City's landscape, development of the hillside areas will definitely affect the visual and environmental character of the community. The City's primary objective regarding hillside development is to preserve the natural terrain and aesthetic character of the City while encouraging creative, innovative, and safe residential development with a variety of housing types. Such characteristics will only be achieved when special consideration is given to those developments, subdivisions, and lot splits within hillside areas, on an individual basis and proper consideration of the variations in conditions, design criteria, and other factors. All contour grading shall be in conformance with the requirements of Chapter 17.38 Hillside Management of the Moorpark Municipal Code. 296 Resolution No. 2022-4076 Page 197 2) Slope Design Standards: Where the creation of cut and fill slopes is approved, they shall be rounded at the edges and contoured as necessary to blend with existing topography. All cut and fill slopes shall conform to the following standards: a) All cut and fill slopes in excess of five feet (5') vertical height shall be rounded with vertical curves from the crest of the slope and from any surface drains constructed on the face or top of the slope and must keep concentrated water from roofs, drives or pads from going over slopes or onto adjacent properties; b) Where cut or fill slopes intersect the ends of each graded slope, the slope shall be horizontally rounded and blended with a minimum radius of twenty-five feet (25'). A smaller radius may be permissible for short slope lengths; c) Where a cut or fill slope intersects a natural slope, the horizontal contours of the slope shall be curved so as to blend with the natural slope; d) Where any cut or fill slope exceeds seventy feet (27') in horizontal length, the horizontal contours of the slope shall be curved in a continuous undulating fashion with radii no greater than three hundred feet (300') nor less than twenty feet (20'); e) Slope rounding shall be designed in proportion to the total height of the slope. The top and toe of each slope in excess of ten feet (10') height, excepting the toe of any slope within twenty-five feet (25') of a dwelling, shall be vertically rounded with radii equal to one-fifth of the height of the slope and no less than five feet (5'). This shall not apply to the toe of any cut slope that is supported by a retaining wall; f) All engineered slopes shall be contour graded to achieve a natural appearance. Borders of cut slopes and fills are to be rounded to blend with the existing terrain; g) Road and utility construction will not be approved until improvement plans have been approved for the area in accordance with discretionary approvals and City standards; and h) Slope height shall be measured to the intersection of the slant of the slope with existing ground before rounding. 3) Architectural Treatment: Architectural innovation shall be utilized rather than extensive grading so that the natural landform is disturbed to the least extent possible. 297 Resolution No. 2022-4076 Page 198 4) Development Area Interfaces: Where approved by the Planning Commission or City Council, the slope grading requirements may be applied to limited portions of an adjacent zone to permit the extension or transition of a logical design concept. These requirements do not preclude satisfying requirements for slope benching, drainage facilities, and maintenance access or fire apparatus access roads. 5) Development Guidelines for Natural Slopes: Areas within the following ranges of natural (pre-development) slope percentages shall be developed in accordance with the following criteria: a) The "Percent Natural Slope" on a site will be calculated as the average gradient of the entire site as determined by the elevation differentials measured orthographically between each node of a north-south and east-west one hundred foot interval grid extending over the entire developed portion of the project site. b) Areas having an average slope of less than ten percent (10%) [10' horizontal to 1' vertical) are not a hillside condition. Mass grading with conventional fully padded lots and terracing is acceptable. c) Areas having an average slope of between ten percent (10%) [10' horizontal to 1' vertical] and nineteen and nine-tenth percent (19.9%) [5' horizontal to 1' vertical]: Mass grading may occur in this slope zone. Existing landforms must retain their natural character. Padded building sites are permitted on these slopes, but split-level architectural structures with stacking and clustering are preferred. A cut and fill map is required to verify maximum heights of cut and fill. d) Areas having an average slope of between twenty percent (20%) [5' horizontal to 1' vertical] and thirty-three percent (33%) [3' horizontal to 1' vertical]: Special hillside architectural and design techniques are required within this slope zone. Architectural designs are to conform to the natural landform. Mass grading is discouraged except on a case-by-case basis as permitted by the Planning Commission. Mass grading is particularly discouraged where development is proposed within a high-risk landslide area. This does not preclude grading necessary to mitigate slide hazards. A cut and fill map is required to verify maximum heights of cut and fill. e) A Conditional Use permit is required for grading on areas having an average slope of thirty-four percent (34%) or more [greater than 3' horizontal to 1' vertical). Approval of any 298 Resolution No. 2022-4076 Page 199 Conditional Use permit for development within this slope zone is contingent that the Planning Commission making findings that such grading and development: i) Has been clearly demonstrated to minimize safety, environmental and aesthetic impacts. ii) Includes the minimum amount of grading. iii) Includes the grading necessary to mitigate slope instability or slide hazards that may exist on the site. iv) Has had thorough geotechnical investigation. v) Has had a detailed grading plan prepared as well as a cut and fill exhibit that shows maximum heights of cut and fill. vi) Will require no import or export of soils. C. Import/Export: On all required conceptual grading plans where the total on- site borrow and fill yardages differ by one thousand cubic yards (1,000 cu. yds.) or more, plans for handling the import/export shall be part of the conceptual grading plan. 1) The import/export plan shall show quantity of import/export, location of borrow/stockpile sites, temporary and final grading of the site, height of fill/depth of cut, visibility of the site from public roads and lands, vegetation and screening for sites located within the City of Moorpark. 2) Unanticipated off-site import/export operations requiring an excess of one thousand (1,000) total truck loads or ten thousand cubic yards (10,000 cu. yds.), whichever is less, shall require Council approval prior to the commencement of hauling or staged grading operations. A haul route shall be submitted to the City Council for review and approval. 3) If the borrow/fill site(s) are within the City limits, a grading plan for such sites, showing the before and after condition, shall also be shown. D. Stockpiles: The temporary placement of soil on any property prior to its placement as imported certified fill (herein "Stockpile"), shall comply with the following requirements: 1) Design: All Stockpile shall: a) not exceed five feet (5') in height; b) have side slopes which do not exceed 3:1 299 Resolution No. 2022-4076 Page 200 2) Approval: a) Development Entitlement: For any property having an approved development entitlement (Commercial Planned Development, Industrial Planned Development, Residential Planned Development), requests for placement of a Stockpile are to be reviewed and conditionally approved, or denied, by the City Engineer and the Community Development Director as a discretionary action. The conditions and requirements for any approval of a Stockpile shall be consistent with an approved grading plan for the property and the conditions of approval for the development entitlement. Such approval shall also require the deposit of adequate and appropriate bonds to guarantee the removal of the Stockpile within the prescribed time limits of subsection D. 3). In addition, the City Engineer and the Community Development Director shall require appropriate conditions relative to the placement and maintenance of the Stockpile, including but not limited to: i) distance and screening from public rights-of-way and adjacent properties, with fencing or landscaping as determined necessary; ii) erosion control; iii) weed abatement; iv) construction of public improvements as required by the conditions of approval of the development entitlement, if said public improvements are determined to be needed at the time the Stockpile approval is requested; and v) payment of applicable fees for processing of the request for the placement of the Stockpile(s). The quantity of soil for any approved Stockpile(s) being placed upon any such approved property or project shall not exceed 5,000 cubic yards per acre, unless prior approval of a greater amount is granted by the City Council. b) All Other Properties: For any property which has not been granted a development entitlement (including any property located within any One Hundred (100) Year Flood Boundary as shown on the current Flood Insurance Rate Map [FIRM]), requests for a Stockpile shall require approval by the City Council. Any application for such approval shall be accompanied by an adequate and appropriate Environmental 300 Resolution No. 2022-4076 Page 201 Document assessing and addressing any potential environmental impacts associated with the placement and removal of the Stockpile. Such application shall be accompanied by appropriate conditions of approval as recommended by the City Engineer, including a requirement for the deposit of bonds to guarantee the removal of the Stockpile site(s) if deemed necessary. 3) Duration: The duration of the placement of a Stockpile shall not exceed the following time limits: a) Development Entitlements: For any property having an approved development entitlement, the duration of the placement of any Stockpile shall not exceed the time limits specified in said entitlement or two years whichever is less. b) All Other Properties: For any other Stockpile approved by the City Council [see subsection D.2)b)], the duration of the placement of any Stockpile shall not exceed the time limits set forth in the conditions of approval as determined by the City Council. E. Haul Routes: On all required conceptual grading plans that require import/export of more than one hundred (100) truckloads or one thousand cubic yards (1,000 cu. yds.), whichever is less, the following information shall be made a part of the conceptual grading plan: haul routes, hours of hauling, numbers and frequency of trucks and other information necessary to define hauling impacts. Additional surety for the cleaning and/or repair of streets used as haul routes may be required as determined by the City Engineer. F. Community Development Director Review: On all grading plans, the Community Development Director shall provide comment to the City Engineer concerning: contour grading, aesthetics, viewshed and consistency with the Hillside Management Ordinance where applicable and Moorpark General Plan. With said comments, the City Engineer shall develop and provide to the Community Development Director, appropriate recommendations relative to those matters plus slope stability, drainage, erosion protection and related issues, before approval of any conceptual or final grading plan. G. Final Grading Plan: The final grading plan shall be in substantial compliance with the approved conceptual grading plan. The City Engineer and the Community Development Director shall make the determination as to substantial compliance with the approved conceptual grading plan. The City Engineer may administratively approve minor changes from the conceptual grading plan. Minor changes are defined as: 1) changes in elevation of five (5) feet or less from the conceptual plan; 301 Resolution No. 2022-4076 Page 202 2) changes in total borrow/fill quantities which do not exceed one thousand cubic yards (1,000 yd3); 3) additional import/export quantities not exceeding one thousand cubic yards (1,000 yd3); 4) changes which cause no adverse impacts to slope stability, drainage, and erosion control; and, 5) changes which, in the view of the Community Development Director, do not result in any adverse impact on aesthetics or viewshed. If the City Engineer finds that the final grading plan is not in substantial conformance with the approved conceptual grading plan, the City Engineer shall submit a report with recommendations to the City Council. The City Engineer shall not issue a grading permit for those final grading plans that are not in substantial conformance with the conceptual grading plan without approval of the City Council. H. Erosion Control: Concurrent with submittal of the final grading plan, an erosion control plan shall be submitted for review and approval by the City Engineer. The design shall include measures for erosion control to be implemented on all graded areas. These measures shall apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or for a period of time which extends into the wet season defined as that period between October 15th of a given year and April 15th of the following year. I. National Pollution Discharge Elimination System (NPDES): As part of each final grading plan, NPDES regulations shall be addressed to the satisfaction of the City Engineer. As a minimum the following shall be included: 1) A Stormwater Pollution Control Plan (SWPCP) shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS004002. 2) The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. If the site is five (5) acres or more in size, the following items shall also be included: 3) A permit shall be obtained from the State Water Resources Control Board. A Notice of Intent (NOI) shall be submitted to the City Engineer 302 Resolution No. 2022-4076 Page 203 and to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit No. CAS000002. 4) A Stormwater Pollution Prevention Plan (SWPPP) shall be prepared and approved by the City Engineer consistent with the requirements of the City's Stormwater Quality standards and regulations. J. Dust Control: Dust control measures shall be identified to the satisfaction of the City Engineer. These measures shall include, but not be limited to, minimization of ground disturbance, application of water/chemicals, temporary/permanent ground cover/seeding, street sweeping, and covering loads of dirt. All clearing, grading, earth moving, or excavation operations shall cease during periods of high winds (greater than 15 miles per hour (mph) averaged over one hour). K. Field Changes: During grading operations, changes to the approved final grading plan may be authorized by the City Engineer, when such changes are in conformance with the approved Final Grading Plan and result in an “equal to” or “improved” final graded condition, provided the Community Development Director concurs that the changes do not result in any adverse impact to aesthetics or viewshed within or adjacent to the graded area. 4. Utility Trench Backfill Requirements: The following guidelines shall be followed by the City Engineering Department in the review and approval of plans and the inspection of work related to the backfill and compaction of utility trenches: A. Except as noted below, all utility trenches within any street right-of-way or easement shall be backfilled from the top of the pipe zone to the bottom of the pavement structural section with a one sack cement and sand slurry mix. A maximum of one percent (1%) of calcium chloride may be added when a faster cure is required. B. All utility trenches within a parkway, median or sidewalk area shall be backfilled from the top of the pipe zone to a point one foot (1') below the finished grade. C. Upon written request to the City Engineer, this requirement may be waived for specific special conditions such as excessively wide or deep (in excess of eight feet) trenches. 5. Size of Speed Limit Signs: 303 Resolution No. 2022-4076 Page 204 The following guidelines shall be followed in determining the size of Speed Limit signs:  Less than 45 mph: 24" x 36”;  45 mph or more: 36" x 45". The City Engineer/Public Works Director may determine that a different size of speed limit sign may be warranted or may be more suitable at certain locations. 6. Traffic Control Plan: Where streets are to be dedicated to the City in conjunction with the recordation of a final map, a regulatory traffic signing and striping plan shall be submitted to, and approved by the City Council, along with City Council review and approval of the final map. The traffic signing and striping plan shall show, as a minimum, all proposed regulatory signing and striping, such as stop signs, speed limit signs and parking restriction signs. 7. Street Improvements on a State Highway: The construction of street improvements on a State Highway by a private developer may require the City to act in the role of facilitator. To that end the City Engineer/Public Works Director is authorized to take certain actions as follows: A. Sign Caltrans Encroachment Permit Applications, if required, provided the developer provides the City with appropriate hold harmless indemnification. B. Take all steps necessary and appropriate to provide for City acceptance of additional street right-of-way and/or easements within and/or adjacent to a State Highway. C. Take all steps necessary and appropriate to convey such additional street right-of-way, easements and improvements to Caltrans upon completion and acceptance of said improvements. 8. Repair of damaged sidewalks, curbs, and gutters: The responsibility for undertaking the repair of damaged sidewalks, curbs and gutters, shall be as follows: Damage Caused by: Responsible Party A. Street trees or other landscaping located within a City parkway maintained by the City. B. Street trees or other landscaping located within a HOA Parkway maintained by a Home Owners’ 304 Resolution No. 2022-4076 Page 205 Association (HOA). C. Street trees or other landscaping within a parkway City located within the street right-of-way or a City- owned landscape easement adjacent thereto. D. Trees or other landscaping located on private property: First repair: City Subsequent repair: Owner of the property fronting the damage. E. Any activity of the owner of the property fronting Owner of the property the damage, including an agent of the owner fronting the damage. (e.g. renter, contractor, etc.). 9. Rear Yard Access through Block Walls: In order to maintain and preserve the structural integrity and the aesthetic quality of Perimeter Walls throughout the City, such walls shall not be altered or removed and reconstructed to provide temporary access to a work site, unless a Wall Access Permit is issued in accordance with the requirements set forth herein. A. Building Permits: Identification of Work Access: The plot plan attached to any building permit issued for the construction of improvements or modifications to any property shall identify, on the plot plan, the method or location of the access to the work site. B. Prohibited Access: Any requested access which requires the removal and reconstruction of a wall located along a rear or side property line shared with any street, SHALL NOT BE APPROVED. C. Exceptions: Wall Access Permit: A Perimeter Wall Access Permit may be issued by the City Engineer, when and if the contractor or property owner can adequately demonstrate that it is not possible to construct the desired improvements or modifications without the removal and reconstruction of the Perimeter Wall in order to gain rear access to the property. Exemptions (Wall Access Permit) shall not be granted for the purpose of facilitating the work (i.e. avoid damage to existing landscaping, make the project easier, reduce the cost of the project, etc.). Exemptions may only be granted when there is no way to construct the project without access through the wall. Prior to the approval of any Wall Access Permit, a representative of the City Engineer shall visit the site to confirm that access to the work site is not possible without the removal and reconstruction of a perimeter wall. 305 Resolution No. 2022-4076 Page 206 D. Conditions of Approval: Any Wall Access Permit issued by the City Engineer shall include Conditions of Approval designed to assure that the wall is restored to its "pre-project" condition. Such Conditions may include any of the following: 1) A block wall restoration plan shall be provided; 2) Block samples shall be provided to the City prior to the approval of the Permit, to assure that the "match" between the existing block wall and the new block is adequate; 3) All approved block shall be procured and delivered to the site prior to the issuance of the final permit and the commencement of construction, in order to assure that the final block material "matches" the approved sample [Note: a conditional permit may be issued setting forth all requirements and advising of the City's intent to issue a Wall Access Permit upon delivery and approval of the block material]; and 4) If new block does not adequately match the existing wall, the restoration plan shall provide for the removal and reconstruction of the block wall for an entire wall section (pilaster to pilaster). 10. Street improvement plans: U-Turns: During the review and approval of the Tentative Tract Map and/or the review and plan checking of street improvements plans for the development of proposed new arterial streets, consideration shall be given to the geometric design for proposed new intersections; and, unless conditions preclude such installation, the final design shall adequately provide for "U-Turn" traffic movements at such intersections. In the event the City Engineer finds that conditions exist which preclude the need or necessity to provide for "U-Turn" traffic movements, the City Engineer shall prepare a report to the City Manager setting forth the reasons why such provisions should not be included in the final design, prior to making a final determination. 11. Second Driveways: Street Encroachment Permits for the construction of a second driveway on a residential lot shall not be approved unless and until the applicant has obtained a Zone Clearance approved by the Community Development Director. Such approval shall be consistent with the requirements of the Moorpark Municipal Code [Section 17.32.110]. 12. Placement of banners on street light poles: This policy shall govern the placement of vertical banners on light poles owned by Southern California Edison during City-sponsored or City Co-sponsored community events such as Country Days, Independence Day Celebrations or similar events with a maximum of two events per year with no overlap permitted. Requests to place 306 Resolution No. 2022-4076 Page 207 banners will be considered only for 60-day time periods prior to and during said City Sponsored or Co-sponsored events. Requests will be considered only from Moorpark based, non-profit groups recognized as religious, educational, civic or cultural. Such requests will be considered pursuant to the following criteria and subject to the City's License Agreement with Southern California Edison. A. One million dollars insurance coverage must be provided by the applicant organization, with such insurance subject to approval by the City Risk Manager. B. Applicant organizations are required to execute a defense, indemnity and hold harmless agreement with the City on a form prescribed by the City. C. Applicant organizations are responsible for all labor (including installation, maintenance, and removal) of the banners and attaching hardware, as well as any claims arising out of their use. D. Applicant organization must obtain an encroachment permit and sign permit from the City. E. All requests must be received 60 days in advance of the proposed date for placement of banners. F. Banners may be in place no longer than 60 days. Only one organization shall have banners in place for any such period. G. Banners may contain only the following: 1) Logo or identification of the event to be promoted. 2) One sponsorship on each side of the banner. 3) If an individual or family is the sponsor only the family name may appear on the banner. 4) Sponsorship of a banner is restricted by the following: a) Banners may be sponsored only by City of Moorpark businesses/organizations and residents. b) Banners are not to display product symbols, product names, phone numbers or addresses. c) Banners are not to include name-brand advertising. d) Banners are not to include any political statements or sponsorship (i.e., no elected officials or officials appointed to an elected office, official candidates, candidate/ballot measure committees, etc.). 307 Resolution No. 2022-4076 Page 208 H. Requests for the placement of such banners must be accompanied by a sample or rendering of the proposed banner and indicate the size and shape. A sample of the material and colors of the proposed banners must be submitted at the time of application. I. All requests will be administered by the City Manager or his/her designee whose decision will be final. 13. Slough Walls: A. Criteria: Slough Walls shall be required at the back of the sidewalk when there is a slope of more than four feet (4’) in height, immediately adjacent to the sidewalk. Slough Walls shall not be required if there is an area at least five feet (5’) wide between the back of sidewalk and the toe of slope. B. Standards: The City Engineer shall develop and maintain a set of design standards and specifications for the construction of Slough Walls. C. Implementation: The City Engineer shall require the construction of Slough Walls, in a manner consistent with current design standards and specifications, whenever the above criteria exist. D. Materials: the materials used for the construction of the slough walls shall be approved by the City Engineer and the Community Development Director. 14. Pavement Structural Section, Traffic Index and Subsurface Drainage: This standard pertains to the design and construction of the structural section and subdrain systems for public and private streets. A. Criteria: Except as provided herein, the methods contained in the Caltrans Design Manual shall be used to design pavement sections and subsurface drainage for streets. Pavement structural sections for public streets shall be designed using Equivalent Single Axle Loads (ESAL) for a 50-year term. Pavement structural sections for private streets shall be designed using Equivalent Single Axle Loads (ESAL) for a 20-year term. The structural section of all public and private streets shall be founded on well-drained basement soils. The determination of the need for subsurface drainage systems to prevent saturation of the pavement structural section or underlying foundation materials shall consider conditions anticipated throughout the design life of all pavement structural sections. Subsurface drainage systems shall be marked with detectable underground utility marking tape buried 6 inches above the pipe. The ends of the marking tape shall be accessible at each surface feature of the subsurface drainage system. B. Standards: Unless calculations to the contrary are approved by the City, the Traffic Indices shown in table 7.8.A shall be used for public streets and the 308 Resolution No. 2022-4076 Page 209 Traffic Indices shown in table 7.8.B shall be used for private streets. The wearing surface of all streets shall be 1.5 inches of rubberized asphalt, which shall not be included when computing the required structural section. Except as modified herein, the provisions of the Caltrans “Design Manual” relating to subsurface drainage shall be implemented in the design of all streets. Subsurface water drainage systems shall be designed for ease of maintenance, operation and locatability. C. Implementation: The City Engineer shall require the construction of street structural sections and subsurface drainage systems to conform to the design standards herein and the provisions of the Caltrans “Design Manual”. Construction materials and methods shall conform to the most recent edition of the “Standard Specification for Public Works Construction”. Geotechnical and hydrologic investigations to determine the physical characteristics of the soil and likelihood of subsurface water that may affect the pavement structural section shall be performed and documented to the satisfaction of the City Engineer. D. Materials: Except as provided herein, all materials and construction methods used in the construction of street structural sections, features and subsurface drainage systems shall conform to the latest edition of the “Standard Specifications for Public Works Construction”. 1) Pipe used for subsurface drains shall: a) Be no less than 6 inches in diameter. b) Be smooth-walled polyvinyl chloride pipe conforming to ASSHTO M278. c) Have perforations located in the bottom half of collector pipes. d) Have belled ends or sleeve or stop-type couplings per AASHTO M278. Solvent cementing of joints is not required. e) When used for outlets, terminal risers, vertical and 45-degree risers, elbows, wyes and tees shall not be perforated. 2) Permeable material used for backfilling trenches under, over and around subsurface drains shall: a) Consist of hard, durable, clean gravel, or crushed stone conforming to the quality requirements of table 200-1.6(B) of the “Standard Specifications for Public Works Construction”. b) Be free from organic material, clay balls, or other deleterious substances. 309 Resolution No. 2022-4076 Page 210 c) Conform to the gradation requirements of Table 7.8.C. 3) When permeable material type is not specified Type B permeable material shall be used. 4) Filter fabric shall be type 180N. 5) Detectable underground utility marking tape has a minimum 0.13 mm (0.005”) overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. The color- coding of the tape shall be green and the legend shall be “SEWER”. Detectable Underground Utility Marking Tape shall conform to the properties listed in Table 7.8.D. Detectable Underground Utility Marking Tape shall meet the requirements of the current edition of each of the following agency/association publications. a) Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping B31.8. b) National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7, 1974. Report NTSB-PSS-73-1. c) American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines - APR RP 1109. d) General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment - PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1. e) Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. 310 Resolution No. 2022-4076 Page 211 TABLE 7.8.A. TRAFFIC INDICES FOR PUBLIC STREETS TABLE 7.8.B TRAFFIC INDICES FOR PRIVATE STREETS Roadway Designation Maximum Build-out Average Daily Traffic 20 yr ESAL T.I. B-4 Residential 1,540 35,400 6.0 TABLE 7.8.C PERMEABLE MATERIAL Percentage Passing Sieve Sizes Type A Type B 50-mm (2”) --- 100 37.5-mm (11/2”) --- 95-100 19-mm (3/4”) 100 50-100 12.5-mm (1/2”) 95-100 --- 9.5-mm (3/8”) 70-100 15-55 4.75-mm (No. 4) 0-55 0-25 2.36-mm (No. 8) 0-10 0-5 75-µm (no. 200) 0-3 0-3 Roadway Designation Maximum Build-out Average Daily Traffic 50 yr ESAL T.I. B-4 Residential <10,000 171,375 7.5 B-3D Minor Commercial/Industrial 8,000 270,000 8.0 B-3C Commercial/Industrial 16,000 540,000 8.5 B-3B Major Commercial/Industrial 20,000 540,000 8.5 B-3A Secondary Arterial 20,000 540,000 8.5 B-2 Secondary Arterial 24,000 720,000 9.0 B-2 Primary Arterial 36,000 1,217,500 9.5 311 Resolution No. 2022-4076 Page 212 TABLE 7.8.D DETECTABLE UNDERGROUND UTILITY MARKING TAPE PROPERTIES Property Method Value Thickness ASTM D2103 0114 mm (0.0056”) Tensile strength ASTM D882 4500g/cm (25 lbs/inch) (5,500 PSI) Elongation ASTM D882-88 <50 percent at break Printability ASTM D2578 >50 dynes/square centimeter Flexibility ASTM D671-81 Pliable hand Inks Manufacturing specifications Heat-set Mylex Message repeat Manufacturing specifications Every 500 mm(20”) Foil Manufacturing specifications Dead soft/annealed Top layer Manufacturing specifications Virgin PET Bottom layer Manufacturing specifications Virgin LDPE Adhesives Manufacturing specifications >30 percent, solid 1.5#/R Bond strength Boiling H2O at 100 degrees Celsius Five hours without peel Colors APWA Color Code n/a 15. Use of Temporary Steel Plates Over Street Excavations A. Steel Plate Bridging: With a Non-Skid Surface. This standard covers the use of steel plate bridging. Persons conducting work within the public right-of- way shall not use steel plate bridging or trench plate that does not meet the requirements of this section both in application and circumstance of use. B. Requirements for Use: Alternate construction methods that avoid the use of steel plate bridging shall be used by the persons conducting work within the public right-of-way unless otherwise approved by the Engineer. It is recognized that to accommodate excavation work, steel plate bridging may be necessary. All conditions for use of steel plate bridging set forth in the requirements of this standard must be fulfilled as conditions of approval of the use of steel plate bridging. Consideration of the use of steel plate bridging in the review process will take into account the following factors: 1) Traffic volume and composition. 2) Duration of use of the steel plate bridging. 3) Size of the proposed excavation. 4) Weather conditions. 312 Resolution No. 2022-4076 Page 213 C. Plate Score Formula: The following formula shall be used to score the permitted use of steel plate bridging: PS = [ ADT + EWL + D + 10 x WE + 5 x N + 20 x W + S (kmh) + R x 100] x L 1000 8 PS = [ ADT + EWL + D + 10 x WE+ 5 x N + 20 X W + S (mph) + R x 100] x L 1000 5 where:  PS = plate score.  ADT = average daily traffic as defined in the CALTRANS Traffic Manual.  EWL = equivalent wheel loads as defined in the CALTRANS Traffic Manual.  D = total number of 24-hour periods during which the plates will be utilized at the site being considered.  WE = total number of Saturdays, Sundays and holidays that the plates will be utilized at the site being considered.  N = total number of overnight periods that the plates will be in place, exclusive of Saturday, Sunday and holiday nights.  W = total number of 24-hour periods that the plates will be utilized at the site being considered when the possibility of rain exceeds 40 percent.  S = the design speed in kilometers per hour or miles per hour, as applicable in the formulae above, of the street where the plates are to be installed. This number shall not be reduced for construction zone speed reductions.  R = the quotient of the vertical differential divided by the horizontal distance. The vertical and horizontal dimensions shall be measured at the locations spanning a distance of 15 m (50’) up and downstream of the position of the proposed steel plate bridging.  L = the number of lanes where plates will be used. D. Plate Score Use: When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless, and at the sole discretion of the City Engineer, it is determined that no alternative method of construction is possible in lieu of using steel plate bridging or that other overriding considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of trenchless construction. Unless specifically noted in the provisions of the City Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days in any given week. 313 Resolution No. 2022-4076 Page 214 E. Additional Requirements: In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety regulations require or the City Engineer determines that shoring is necessary to protect the health or safety of workers or the public. The person(s) conducting work within the public way shall install shoring conforming to Section 7-10.4.1 of the Standard Specifications for Public Works Construction (SSPWC). The trench shoring shall be designed and installed to support the steel plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be submitted by the persons conduction work within the public way in accordance with all provisions of section 2-5.3 SSPWC Shop Drawings and Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306-1.5 SSPWC. F. Installation: When backfilling operations of an excavation in the traveled way, whether transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the following conditions shall apply: 1) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the sole discretion of the City Engineer, it is approved as specified above. 2) Steel plates used for bridging must extend no less than 610 mm (2’) beyond the edges of the trench. 3) Steel plate bridging shall be installed and maintained to operate with a noise level such that no sound generated by the steel plate can be heard by a person with normal hearing acuity from a distance of 15 meters (50’). 4) No longitudinal trench excavation longer than 15 meters (50’) shall be covered with steel plates. G. Installation Methods: When the use of steel plate bridging and shoring is approved by the City Engineer, the persons conducting work within the public right-of-way shall install using either Method (1) or (2) depending on the design speed of the portion of street where the steel plate bridging is proposed for use. 1) Method 1 [For speeds equal to or more than 56 Km/hr (35 MPH)]: The pavement shall be cold planed to a depth equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm (1”) and shall be filled with elastomeric sealant material which may, at the 314 Resolution No. 2022-4076 Page 215 contractor’s option, be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of tables 203-5.2(B) and 203-5.3(A) SSPWC . 2) Method 2 [For speeds less than 56 Km/hr (35 MPH)]: Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway and shall be secured against displacement by using two adjustable cleats that are no more than 50 mm (2”) shorter than the width of the trench. The cleats shall be bolted to the underside of each plate and located within 150 mm (6”) of the beginning and end of the trench for plates at the beginning and end of the trench. A minimum of two 300 mm long by 19 mm diameter (12” x ¾”) steel bolts shall be placed through the plate and driven into holes drilled 300 mm (12”) into the pavement section, or other devices approved by the City Engineer. Subsequent plates shall be butted and tack welded to each other along 10% of the butted faces. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 8.5% with a minimum 300 mm (12”) taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material. At the Contractor’s option, the methods required for Method 1 may be used. If the use of Method 1 is elected, all requirements of Method 1 shall be used. The Contractor shall maintain the steel plates, shoring, and asphalt concrete ramps and maintain and restore the street surface during and after their use. H. Materials: The minimum thickness of steel plate bridging shall be as shown in Table 7.8.E. TABLE 7.8.E REQUIRED PLATE THICKNESS FOR A GIVEN TRENCH WIDTH Maximum Trench Width (1) Minimum Plate Thickness 0.3 m (10”) 13 mm (1/2”) 0.6 m (23”) 19 mm (3/4”) 0.8 m (31”) 22 mm (7/8”) 1.0 m (41”) 25 mm (1”) 1.6 m (63”) 32 mm (1 ¼”) I. Longer Spans: For spans greater than 1.6 m (5’), a structural design shall be prepared by a registered civil engineer and submitted to the City Engineer for review and approval in accordance with section 2-5.3 SSPWC of the Standard Specifications for Public Works Construction. J. Design Criteria: Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per CALTRANS Bridge Design Specifications Manual. The Contractor use steel plate with a non-skid surface having no less than a coefficient of friction of 0.35 as determined by California Test 315 Resolution No. 2022-4076 Page 216 Method 342. In addition to all other required construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging. 16. Advance Street Name Signs: A. Requirement: All signing and striping plans shall include requirements for the installation of advance street name signs, consistent with the requirements set forth herein. B. Purpose: The purpose for such signs is to provide advance notice of the name of the streets the driver is approaching. C. Location / Design: The location and design of all advance street name signs shall be determined by the City Engineer and shall be approved by the Community Development Director and, if the sign is to be placed in a landscaped parkway or median to be maintained by the City, the Parks, Recreation and Community Services Director. D. Monument Signs: A monument sign shall be used whenever possible. Pole signs may be used when the City Engineer determines that the use of a monument sign is inappropriate for a given application. E. Medians: On streets with raised / landscaped medians, the preferred location for the sign is in the median. F. Signalized Intersections: Advance street name signs shall not be required for signalized intersections, which have overhead internally illuminated street name signs. 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). 316 Resolution No. 2022-4076 Page 217 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. 1. Initial Review: A. Within 21 calendar days from the issuance of a notice of parking violation, or within 14 calendar days from the mailing of a notice of delinquent parking violation (exclusive of any period of time between the day a request for a copy of the notice is made and the day a copy is provided), an appellant may request an initial review of the notice by telephone, in writing, or in person. For purposes of tracking citation appeals, an Initial Review of Parking Citation Form (“IRF”) must be completed by the appellant in order for an initial review to take place. The City is not required by law but may permit the citation to be appealed using an online internet application. The City Receptionist shall receive the IRF before the IRF is reviewed for citations issued by both City employees and the Police Department. In instances where the IRF is completed online, the Public Works Department will receive the online IRF and, if it was issued by the Police Department, shall forward the IRF to the Police Department for review. In instances where the IRF has been submitted past the deadline established by CVC §40215(a), the City shall return the IRF to the appellant stating that the appellant is unable to contest the citation. The City may consider waiving the time limit for review of a citation if the appellant can provide a valid reason (satisfactory to the City Manager) as to why he/she did not appeal the citation within the required time limit. In instances where the appellant’s IRF is incomplete, the City shall request additional information from the appellant in writing. The appellant shall have seven (7) calendar days to provide the requested additional information. If the appellant fails to provide the requested information within seven (7) calendar days, the application shall be found incomplete and if it remains incomplete upon the expiration of the time periods for the filing of a IRF, then the appellant shall be found “Liable” for the citation. B. During the initial review, the respective Department evaluates the information and makes a determination which either confirms the citation or excuses the appellant from liability. CVC §40215(a) states that the issuing agency shall cancel a citation if it is satisfied that the violation did not occur, that the registered owner was not responsible for the violation, or that extenuating circumstances make dismissal of the citation appropriate in the interest of justice. For a detailed description of determining when an appellant is “Not Liable” see Section 7.9(4). 317 Resolution No. 2022-4076 Page 218 C. If during the initial review, the issuing agency determines the appellant is “Not Liable,” the IRF is forwarded to the City Manager for final approval. D. If during the initial review the issuing agency determines the appellant is “Liable,” the appellant shall be informed in writing of the results and reason for the determination. The appellant shall also be informed of the right to request an administrative hearing, and the process established for such hearings. The appellant can either pay the citation (providing payment within twenty-one (21) calendar days from the date of the letter) or, the appellant can request to schedule an administrative hearing within twenty-one (21) calendar days from the date of the letter. E. The administrative hearing shall be performed by a hearing examiner. The hearing examiner shall be appointed by the issuing agency’s chief executive officer. The hearing examiner shall meet the requirements specified in CVC §40215(c)(4) and as amended from time to time. 2. Administrative Hearing: Within twenty-one (21) calendar days of mailing the outcome of the City’s IRF, the appellant may contact the City Receptionist to schedule an administrative hearing. The request may be made in person, over the phone or in writing. A hearing shall be held within 90 days of the receipt of a request for a hearing, excluding any time tolled pursuant to provisions of the Vehicle Code. The person requesting a hearing may request one continuance, not to exceed 21 calendar days. The person requesting a hearing shall deposit the amount of the parking penalty with the processing agency, unless prepayment is waived as provided for below. A hearing shall be conducted without the appellant present, if requested (referred to as a written declaration); or the appellant shall arrange to have the hearing completed by appearing and providing personal testimony. The appellant may also request to attend the hearing by telephone. If the appellant attends the hearing by telephone then the City shall advise appellant (in writing) that the phone hearing will limit the appellant’s ability to see the hearing examiner in person or see his/her activities during the hearing. The appellant who participates in a phone hearing will also be required to provide all evidence to the hearing examiner prior to hearing; no new evidence can be admitted at the hearing. The City shall advise appellant (in writing) that if the appellant participates in a phone hearing, then the appellant shall be waiving the right to an in-person hearing, and thereby waiving the right to contest on procedural due process grounds that the lack of an in-person hearing adversely affected the outcome of the hearing. The hearing shall provide an independent, objective, fair and impartial review of the contested violation. The examiner’s decision following the administrative hearing may be personally delivered to the appellant, or sent by first-class mail. If the appellant is found liable for the violation, the decision shall include a written explanation of the reasons for the finding. 318 Resolution No. 2022-4076 Page 219 An appellant who is not satisfied with the outcome of an administrative hearing may file an appeal through the Court pursuant to CVC §40230. If no appeal is filed with the Court within 30 calendar days of the mailing or personal delivery of the decision in the administrative hearing, the decision in the hearing shall be final. If the parking penalty has not been deposited, and the Court finds against the appellant, the processing agency shall collect the unpaid penalty in a manner consistent with CVC §40220. Waiver of Administrative Hearing Prepayment Fee Due to Hardship: A. If an appellant believes the requirement to prepay the parking citation is a financial hardship, he/she may request to have the prepayment requirement waived. B. The appellant shall provide, in writing, a request to have the administrative hearing prepayment requirement waived. C. The written request shall be presented to the City Manager. D. The City Manager, or designee employed by the City, shall determine if the appellant’s request will be granted. E. The appellant shall be notified of the outcome in writing. 3. Failure to Properly Post a Disabled Persons Parking Placard Resulting in a Violation: A. Per CVC §22507.8, it is unlawful for any person to park or leave standing any vehicle in a stall or space designed for disabled persons without properly displaying a valid disabled persons parking placard. A person who violates the disabled persons parking law shall be fined an amount established by City Council Resolution. Occasionally, a person with a valid disabled persons parking placard does not place his/her placard in plain view resulting in a citation. A disabled person in this situation may appeal the citation (appellant). B. The appellant shall fill out an IRF. To complete an IRF, three pieces of information are required: A valid disabled persons parking placard, a copy of the DMV placard identification, and a photocopy of a valid photo identification. C. If the appellant’s placard is not expired, the identifications match, and the appellant who is issued the placard testifies that it was in his/her possession at the time of the citation, then the citation shall be cancelled during the initial review process. D. As permitted by CVC §40226, the City shall, in lieu of collecting a fine for a citation for failure to display a disabled persons parking placard, charge an administrative fee not to exceed $25 for processing citation cancellations in 319 Resolution No. 2022-4076 Page 220 any case where an appellant who receives a citation shows proof that he/she had been issued a valid placard at the time the citation was received. The administrative fee shall be included in the City’s Resolution establishing the bail schedule for violations of the Moorpark Municipal Traffic Code related to vehicle parking. 4. Cancellation of Parking Citations: Upon submittal of a complete IRF and all required supplemental documentation, an appellant may be found “Not Liable” for a citation if one of the conditions below applies to the citation. The City Manager, or designee employed by the City, shall approve all findings of “Not Liable.” A. The violation did not occur: 1) The officer issued a ticket that was incorrect. For example, the officer cited a vehicle for parking in a restricted street sweeping zone on Tuesday at 2:00 p.m. but the actual restricted street sweeping zone was Monday between the hours of 9:00 a.m. and Noon. 2) Commercial vehicles in a residential district are exempt from resolutions or ordinances relating to street sweeping, when the commercial vehicle is making pickups or deliveries of goods, wares, or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained (CVC 22507.6). B. The registered owner was not responsible for the violation: 1) The vehicle was stolen. The appellant would need to provide a valid police report to prove the theft. 2) The person sold/transferred the vehicle to another person. The appellant would need to show proof of sale or transfer. Also, the parking citation would then need to be transferred to the new vehicle owner. 3) Leased/rental vehicles. The person who leases or rents rather than owns a vehicle is jointly liable with the vehicle owner for citations issued to that vehicle. The lease or rental company that owns the vehicle has thirty (30) days to supply the name, address and driver’s license number of the person that is leasing or renting the vehicle to the processing agency. If this information is supplied within the thirty (30) day time limit, liability is transferred to the lessee or renter and a notice of delinquent parking violation is mailed to the lessee or renter. If the thirty (30) day time limit is not met, there is no statutory 320 Resolution No. 2022-4076 Page 221 requirement to transfer liability. Therefore, responsibility remains with the lease or rental company. C. Extenuating Circumstances: 1) Inoperable vehicle. If a vehicle suffers a mechanical breakdown and if reasonable efforts are made to have the vehicle removed from the street, a citation for illegal parking issued while the car was incapacitated may be cancelled. To maintain the claim of “mechanical breakdown”, four elements must be proven: a) The appellant must prove that the breakdown actually occurred. b) The appellant must prove that the vehicle was not illegally parked before the breakdown occurred. c) The violation must have resulted from the breakdown. d) Reasonable steps must have been taken to remove the vehicle from the situation that caused the violation, including proof of repair occurring no later than three (3) calendar days from the date of violation. 2) Medical emergency. The appellant suffered, or was responding to, a medical emergency that prevented him/her from moving the vehicle. The appellant shall provide proof such as hospitalization records or an ambulance receipt. Medical emergency does not include scheduled procedures whereby the appellant had prior knowledge he/she was going to be at a hospital or doctor’s office. 3) Construction-related activities. A contractor who was providing services, such as home repair or installation services may have a street sweeping citation cancelled. This may apply to the property owner as well if the construction activities prevented him/her from parking in the garage or driveway. The appellant must provide the vehicle registration of the cited vehicle as well as proof that construction occurred. Proof could include a contract or receipt for services. If the contractor is requesting cancellation, he/she must have or obtain a valid business registration prior to cancellation of the parking citation. Cancellation of the citation shall be limited to one occurrence per vehicle per site. 4) Non-neighborhood residency (street sweeping citation only). This is a one-time only waiver. The appellant shall provide a valid vehicle registration that shows an address from a different neighborhood than where the citation was issued. If the appellant’s vehicle is registered to the neighborhood where the citation occurred, the citation will not be cancelled. If the appellant claims to have been at the location for 321 Resolution No. 2022-4076 Page 222 work then the appellant shall (when applicable) have, obtain, or provide proof that the appellant or business employing appellant has a valid Moorpark business registration prior to cancellation of the citation. 5) New to the neighborhood (street sweeping citation only). This is a one- time only waiver. An appellant who moved to the neighborhood where the citation was issued no more than sixty (60) days prior to receipt of a parking citation may be found “Not Liable” upon providing proof of new residency. Proof includes either a lease agreement or escrow papers, or, a utility bill indicating new service start-up. The appellant shall also provide a copy of the vehicle registration. 6) Disabled person (street sweeping citation only). Policy 7.1 exempts vehicles with disabled person license plates or placards from the City’s street sweeping parking restrictions. The appellant shall provide proof of disability as indicated in Section 7.9(3)(B). 7) Bereavement (street sweeping citation only). An appellant who has experienced the loss of a family member (defined as husband, wife, parent, brother, sister, child (including child beyond the first trimester of a pregnancy) step-child, grandchild, grandparent, father-in-law, mother-in-law, son-in-law, daughter-in-law, or step-parent) may be found “Not Liable” upon providing proof that the death occurred within thirty (30) days prior to receiving the parking citation and the appellant needed to park on the street due to visiting family, funeral or similar activity. Proof includes, either, a published obituary or death certificate. 8) Parking without a permit. This is a one-time only waiver. In instances when an appellant has received a citation for not properly displaying a parking permit (such as an unattached trailer permit or parking permit for designated neighborhoods (either permanent resident or guest permit), appellant may receive cancellation of the citation if appellant states he/she was unaware of the parking permit requirements and the following criteria are met. For appellants who have received a citation for failure to obtain an unattached trailer parking permit, the appellant shall not have applied for and received a previous unattached trailer permit. For appellants who have received a citation for not displaying a valid parking permit, the appellant shall obtain a valid parking permit from the Public Works Department in order to receive cancellation of the citation. For appellants who failed to properly display a guest permit, the appellant must provide proof that the occupant of the home the appellant was visiting either had a valid guest permit, or, obtains a guest permit in order for appellant to receive cancellation of his/her citation. The City Manager, or designee employed by the City, shall have the 322 Resolution No. 2022-4076 Page 223 discretion to consider and grant cancelation of parking citation appeals that do not fall within the above criteria but meet the intent of a justifiable “extenuating circumstance.” 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. 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. 2019-38512020-4076 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 16th 18th day of FebruaryMay, 2022. Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk 323