Loading...
HomeMy WebLinkAboutAGENDA REPORT 2015 0107 CCSA REG ITEM 10C ITEM 10.C. CITY OF MOORPARK,CAUU O �A City Connell Meeting of `® 7-010®9 ACTION /� %,:' [/' , MOORPARK CITY COUNCIL AGENDA REPORT � • TO: Honorable City Council FROM: Deborah S. Traffenstedt, Deputy City Manager DATE: December 23, 2014 (CC Meeting of 01/0715) SUBJECT: Consider Resolution Adopting Revised City Council Policies and Rescinding Resolution No. 2014-3294 BACKGROUND AND DISCUSSION The City Council Policies Resolution was last updated on May 21, 2014(Resolution No. 2014- 3294). The attached draft update of the City Council Policies Resolution incorporates all of the individual policies adopted by the Council since the last Policies Resolution update was approved in May 2014. Additional revisions to policies are also now proposed to be incorporated into the comprehensive City Council Policies resolution update, as described below, and as shown with legislative format in the draft resolution. Since the draft revised resolution is 178 pages, staff has only included the new and revised policies as an attachment to this agenda report (Pages 1-5 of the resolution including the recitals and index, and all of the pages for each policy being amended or added are included in the attachment to facilitate review of the edits). The agenda report with the entire draft resolution (totaling 178 pages)will be available in electronic format on the City's website and will be emailed to the City Council. The new policies and amendments are shown with legislative format in the draft resolution and are summarized as follows: Policy 2.2 (Advertising and Appointment Procedures for Appointments to Boards, Commissions, and Committees)has been revised to permit the interviews of the Arts, Parks and Recreation, and Planning Commission to also be held in January. The City Council has been approving an exception to the policy for the last several even- numbered year recruitments to permit interviews to be held in both December and January. Policy 2.11 (City Payment for Employee Recognition at the Time of Retirement from the California Public Employees Retirement System)has been revised to increase the amount of money the City will contribute to the retirement recognition event to recognize increased costs. In order to find a local venue large enough to host the event, the cost of the meal is high enough so as to currently discourage some employees and invited guests from attending. New Policy 2.23 (Moorpark City Library Standards of Conduct) has been added, as approved by the City Council on September 17, 2014, to provide standards for 29 Honorable City Council January 7, 2015, Regular Meeting Page 2 behavior and responsibility of lost or stolen items. The discussion for this policy is contained in the agenda report for the September 17 meeting. Policy 3.9 (Employment Agreement Approval) has been amended to further clarify City Manager approval authority. The intent is to permit authority to approve continued grandfathered benefits for promoted employees, while maintaining consistency with State law. New Policy 4.6 (Designation of Community Events per Health and Safety Code Section 113755) has been added as approved by the City Council September 17, 2014, forthe purpose of obtaining temporary food facility permits from the County of Ventura Environmental Health Division for Community Events. The discussion for this policy is contained in the agenda report for the September 17 meeting. Policy 5. 7 (Annual Review of Fee Resolutions and Authorization for Fee Modification and Waiver) has been revised to add language to clarify staff's authority to approve a fee modification or waiver when authorized by the City Council. Policy 6.5 (Active Adult Center Standards of Conduct) has been amended as approved by the City Council on September 17, 2014, to provide amended standards for behavior and clarification of responsibility for lost or stolen items. The discussion for this policy is contained in the agenda report for the September 17 meeting. Staff is continuing to work on other policy amendments and new policies, such as revising Policy 2.5, Conflict of Interest Appraisal, to be consistent with recently amended State law, developing a new policy pertaining to community event co-sponsorship, and adding new Finance policies. These additional policy amendments and new policies will be scheduled for a subsequent meeting when completed. FISCAL IMPACT The amendment to Policy 2.11, City Payment for Employee Recognition at the Time of Retirement from the California Public Employees Retirement System, will result in additional cost to the City, typically not exceeding $500 a year, and not every year. There is currently sufficient funds budgeted for employee recognition so that a budget amendment is not required, and staff does not anticipate any need to increase the budgeted amount for the fiscal year. The other proposed policy additions and amendments are not expected to result in a fiscal impact. STAFF RECOMMENDATION Adopt Resolution No. 2015-__ . Attachment: Draft Resolution (The attachment to the City Council printed agenda report includes only the revised policy pages of the draft resolution. The complete draft resolution is available on the City's website and will be distributed by email to Council.) 30 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING REVISED COUNCIL POLICIES AND RESCINDING RESOLUTION NO. 2014-3294 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. 2014-3294 on May 21, 2014, and since that update the Council has considered and approved several new policies to be incorporated into the next update of the Council's Policies Resolution, and at the December 17, 2014, regular meeting considered a revised Policies Resolution incorporating all of the prior approved Council policies as well as other amendments and new policies as follows: Policy 2.2 (Advertising and Appointment Procedures for Appointments to Boards, Commissions, and Committees) has been revised to permit the inteNiews of the Arts, Parks and Recreation, and Planning Commission to also be held in January. The City Council has been waiving rules to permit inteNiews to be held in both December and January. Policy 2.11 (City Payment for Employee Recognition at the Time of Retirement from the California Public Employees Retirement System) has been revised to increase the amount of money the City will contribute to the retirement recognition event to recognize increased costs. New Policy 2.23 (Moorpark City Library Standards of Conduct) has been added, as approved by the City Council on September 17, 2014, to provide standards for behavior and responsibility of lost or stolen items. Policy 3.9 (Employment Agreement Approval) has been amended to further clarify City Manager approval authority. New Policy 4.6 (Designation of Community Events per Health and Safety Code Section 113755) has been added as approved by the City Council September 17, 2014, for the purpose of obtaining temporary food facility permits from the County of Ventura Environmental Health Division for Community Events. Policy 5. 7 (Annual Review of Fee Resolutions and Authorization for Fee Modification and Waiver) has been revised to add language to clarify staff's authority to approve a fee modification or waiver when authorized by the City Council. Policy 6.5 (Active Adult Center Standards of Conduct) has been amended as approved by the City Council on September 17, 2014, to provide amended standards for behavior and clarification of responsibility for lost or stolen items. 31 Resolution No. 2014- Page 2 WHEREAS, Policies Resolution No. 2014-3294 is proposed to be rescinded and an updated Policies Resolution adopted; and WHEREAS, the index for the updated City Council Policies Resolution is as follows: SECTION 1. POLICIES APPLICABLE TO CITY COUNCIL OR CITY COUNCIL CANDIDATES Policy 1.1: Policy 1.2: Policy 1.3: Policy 1.4: Policy 1.5: Policy 1.6: Policy 1.7: Policy 1.8: Policy 1.9: Policy 1.10: Policy 1 .11 : Policy 1.12 Policy 1.13 Information to be Provided to Official City Councilmember and Mayor Candidates City Council Standing Committees City Council Comments on Development Projects before the Planning Commission City Council Use of City Website City Council Use of City Computers and Acceptable Internet and E-Mail Use on City Computer Network City Council Credit Card Use City Council Use of City Pool Vehicles City Council Cellular Telephone Reimbursement City Council Completion of City Manager Evaluation City Council Identification Badges and Picture Identification Card City Council Dinner Meal City Council Use of Mass Mailings City Councilmember and Office of Mayor Candidates Campaign Advertising Prohibited in Any City Sponsored Publication SECTION 2. POLICIES ADMINISTERED BY ADMINISTRATIVE SERVICES Policy 2.1: Policy 2.2: Policy 2.3: Policy 2.4: Policy 2.5: Policy 2.6: Policy 2.7: Policy 2.8: Policy 2.9: Policy 2.1 O: Policy 2.11: Policy 2.12: Policy 2.13: DEPARTMENT AND CITY CLERK City Clerk Records Destruction Approval Authority Advertising and Appointment Procedures for Appointments to Boards, Commissions, and Committees Reports from Appointees Ethics Training Conflict of Interest Appraisal Policy against Harassment, Discrimination, and Retaliation Drug-Free Workplace Drug and Alcohol Testing Regulations for Employees that are Drivers of Commercial Vehicles Employee, Contract Staff, Consultant, and Volunteer Letters of Recommendation and Background Check Response Employee Anniversary Recognition Program City Payment for Employee Recognition at the Time of Retirement from the California Public Employees Retirement System (CalPERS) Procedure for Filing a Complaint against a City Employee or Contract Staff Americans with Disabilities Act Grievance 32 Resolution No. 2014- Page 3 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: Moorpark City Library Materials Selection Policy 2.21: Moorpark City Library Internet and Computer Use and Patron Agreement Policy 2.22: Moorpark City Library Circulation Policy 2.23: Moorpark City Library Standards of Conduct SECTION 3. POLICIES ADMINISTERED BY CITY MANAGER'S OFFICE Policy 3.1: Policy 3.2: Policy 3.3: Policy 3.4: Policy 3.5: Policy 3.6: Policy 3.7: Policy 3.8 Policy 3.9 City Manager Approval of Cellular Telephone Reimbursement for Designated Competitive Service Employees Authorization for City Manager to Approve Small Claims Court Filing and Civil Compromise for City Claim against Another Party Having a Value Not to Exceed $5,000.00, 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 Authorization for City Manager to Approve Reduction and/or Exoneration of a Surety with a Value Not to Exceed $10,000.00 Pre-Qualification of Bidders Authority for Execution of City Affordable Housing Project Agreements and Repayment Documents and Acceptance of Deed of Trust Appointment of Personnel Officer Distribution, Use, and Reporting of Tickets or Passes Given to City Right-of-Way Acquisition Process Employment Agreement Approval SECTION 4. POLICIES ADMINISTERED BY COMMUNITY DEVELOPMENT Policy 4.1: Policy 4.2: Policy 4.3: Policy 4.4: Policy 4.5: Policy 4.6 DEPARTMENT Temporary Use Permit Fee Waivers Refunds for Business Registration Code Compliance Program Street Naming 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 Designation of Community Events per Health and Safety Code Section 113755 SECTION 5. POLICIES ADMINISTERED BY FINANCE DEPARTMENT 33 Resolution No. 2014- Page 4 Policy 5.1: Policy 5.2: Policy 5.3: Policy 5.4: Policy 5.5: Policy 5.6: Policy 5.7: Policy 5.8 Policy 5.9 Meeting, Training, Conference, and Professional Association Membership Expense Reimbursement General Fund Reserve Authorization for the Issuance and Countersigning of Warrants Pursuant to Chapter 3.12 of the Moorpark Municipal Code Accounts Receivable Collection Landscape and Lighting Assessment District Capital Reserve Fund Balance Investments Annual Review of Fee Resolutions and Authorization for Fee Modification and Waiver Fund Balance Reporting as Required by Governmental Accounting Standards Board Statement No. 54 (GASS) Credit Card Acceptance and Processing SECTION 6. POLICIES ADMINISTERED BY PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT Policy 6.1: Policy 6.2: Policy 6.3: Policy 6.4: Policy 6.5: Policy 6.6: Policy 6.7: Policy 6.8 Policy 6.9 Policy 6.10 Policy 6.11 Policy 6.12 Policy 6.13 Policy 6.14 Flag Etiquette Non-Profit Organizations Annual Facility Reservation Park Naming Active Adult Center Annual Meeting Active Adult Center Standards of Conduct Community Services Recreation and Active Adult Program Cancellation and Withdrawal Teen Council Allocation of Park Fee Payments Ban on Use of Anti-coagulant Rodenticides for City Landscape Maintenance Agreements Youth Scholarship Program Sports Field Rental Policy High Street Arts Center Ticket Donation and Discounting Policy Recreation Programs and Services Cost Recovery Policy Public Art in New City Public Facilities SECTION 7. POLICIES ADMINISTERED BY PUBLIC WORKS DEPARTMENT Policy 7.1: Policy 7.2: Policy 7.3: Policy 7.4: Policy 7.5: 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 City Public Sidewalk Maintenance and Repair Transit Security System Electronic File Retention Pursuant to Public Utilities Code Section 99164 and Government Code Section 34090.8 Crossing Guard Warrant Utility Street Cuts Restricted for Public Streets with New Rubberized and Conventional Asphalt Overlay 34 Resolution No. 2014- Page 5 Policy 7.6: Policy 7.7: Policy 7.8 Policy 7.9 Fee for the Cancellation of Parking Citations Relations to Disabled Persons Parking Zones Waste Reduction and Recycled-Content Product Procurement Practices Engineering and Grading Policies and Standards Review of Appealed Parking Citations NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: The following policies are intended to support the efficient administration of the business of the City, and the City Manager shall have the authority, consistent with the Moorpark Municipal Code, to further establish administrative procedures. SECTION 1. POLICIES APPLICABLE TO CITY COUNCIL OR CITY COUNCIL CANDIDATES Policy 1.1: Information to be Provided to Official City Councilmember and Mayor Candidates Councilmember and Mayor 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 Councilmember or Mayor candidates will be handled in the same manner as a public records request, with a copy charge as set forth by City Council resolution. 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. This committee shall also review proposed GPA Pre-screening requests for a recommendation to the City Council, and a member shall represent the City on countywide economic development ·groups including 35 Resolution No. 2014- Page 14 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 Clerk 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 Dinner Meal Policy A dinner meal will be provided by the City at a special meeting of the City Council, if such meeting is scheduled to begin at 6: 15 p.m. or earlier and prior to a regular City Council meeting. Policy 1.12: City Council 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. Policy 1.13: City Councilmember and Office of Mayor Candidates Campaign Advertising Prohibited in Any City Sponsored Publication City Councilmember and office of Mayor candidates shall not be permitted to place campaign advertising in City sponsored publications. SECTION 2. POLICIES ADMINISTERED BY ADMINISTRATIVE SERVICES DEPARTMENT 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. lllllB~: 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 posted at the City Community Center, Moorpark Library, and on the City's website, of all 36 Resolution No. 2014- Page 15 citizen appointive positions and their expiring term of office (in compliance with the Maddy Act requirements, Government Code Section 54973). A contact number and request for communication with the City Clerk will be included, to allow residents to obtain information on any requirements for the appointed positions, and to facilitate communication with the City Clerk in the event a citizen has an interest in being placed on the appointee resource list. Notice of the availability of the Appointments List shall also be provided on the City's local government channel. The Appointments List and notice of availability shall remain posted for the month of January. In addition, the Local Appointments List shall be made available for the public to purchase for the actual cost of reproduction. 2. Not later than 30 days prior to the expiring term of office of a citizen appointee, the City Clerk will prepare and distribute a press release to all newspapers of local distribution and radio stations that have requested such notice, advertising the citizen appointment opportunity. The City Clerk will also post such notice in the office of the City Clerk, the Moorpark Library, on the City's website, local government channel, and at the City Community Center. 3. Interested persons will be asked to submit a City Board, Commission, and Committee Application to the City Clerk. The application form shall include language that asks applicants to identify all open recruitment citizen appointments for which they would like to be considered to facilitate use of one application form for more than one open recruitment occurring at the time of application. Staff from the City Clerk's Division will personally receive all applications delivered 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 in the office of the City Clerk, at the Moorpark Library, on the City's website, on the local government channel, and at the City Community Center (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: 37 Resolution No. 2014- Page 16 A. There is no registered voter requirement for Teen Council. B. An applicant forthe 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 in an even numbered year, 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 to the next calendar year. The City 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 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. 38 Resolution No. 2014- Page 56 F!ililf~l~t: 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 (for this full-time equivalent calculation, unpaid leave of absence time will not be included and regular part-time hours will be converted to equivalent full-time years). The event may be held at a City facility with the room provided free of cost, if the City Manager is provided with no less than 30 days' notice of pending retirement; the event contribution is to be used for catering or subsidizing the meal cost, decorations, gift, entertainment, and/or related costs, as approved by the City Manager to supplement event donations; and all City employees are invited to attend the retirement event. 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 full- time equivalent service time with the City as follows: $250Q.OO for 60 to 119 months of full-time equivalent service. $a1 ,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. $1,000.00 for 240 to 299 months of full time equivalent service. $1,25QO.OO for 30240 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 shall be submitted to the City Manager in writing for appropriate action. The City Manager 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/Risk Management 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/Risk Management 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 39 Resolution No. 2014- Page 81 For materials borrowed for a Moorpark patron from another library (interlibrary loan materials), the replacement cost is determined by the lending library. The card holder is still responsible for fees accrued. 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. Patrons are encouraged to keep check out receipts and check item due dates on the account on-line as they are responsible for all fees whether or not they receive a notice. User 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 patron to provide an alternate payment plan and will note such arrangements on the patron record for tracking purposes. 10. Recovering Overdue Materials Moorpark City Library will send an overdue notice to a patron 14 days after an item is due. At 28 days after the item is due, a second notice and bill is sent to the patron requesting that either: 1) the item be returned and fees paid; or 2) the patron 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. An additional delinquent account fee shall be added to the card holder's account and shall be established by Resolution of the City Council. ilrtlffMii: 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 users 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 staff if you have lost anything as we do have a 'lost and found'. 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 40 Resolution No. 2014- Page 82 to silent mode. All patrons and 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. 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, orgestures; orotherbehaviortypically defined as Sexual Harassment. D. Theft of Library and/or personal property. E. Damaging, defacing, vandalizing, or destroying Library property or grounds. 2. Prohibited Activities: A. 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. B. Using the Library without footwear or a shirt. C. Possession of. being under the influence of. or using alcohol or controlled substances on Library premises. D. Smoking or the use of tobacco. including e-cigarettes, inside or anvwhere on the Civic Center premises which includes the Library, Active Adult Center, Community Center, City Hall Buildings, and parking lots. E. Unruly behavior. such as running, jumping, hitting, wrestling, throwing objects, or other aggressive actions or statements will not be tolerated. F. Use of sports equipment in the Library. G. Skateboarding, roller skating, or riding a scooter in the Library. Skateboards, roller skates, and scooters should be inside a backpack or bag when brought into the building. 41 Resolution No. 2014- Page 83 H. Bicycles inside the Library. Bicycles should be locked in the bike rack outside. I. Sleeping in the Library or on Library grounds. J. 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. K. Using Library restrooms for bathing, shaving, or washing hair or clothes. L. Using the Library if one's bodily hygiene is offensive so as to constitute a nuisance to others. M. Dirtying or staining Library facilities, material or equipment. N. Placing feet on tables, chairs or against walls. 0. Loitering in the Library or on City property. The public must leave the premises at closing time. P. Obstructing aisles or access to Library facilities, furnishings or equipment. Q. 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. R. Solicitation, selling, panhandling, or any other commercial activities. S. Photographing, audio recording, or filming without permission from City Administration or Library supervisory staff except at governmental meetings open to the general public. T. Animals are prohibited, except for service 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. U. 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. V. Removing any hardware component or accessory from Library computers. W. Using any other person's Library card to obtain additional computer time. 42 Resolution No. 2014- Page 84 X. 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. Y. Plugging in personal electronic equipment (i.e. cell phones/laptops) so that it creates a tripping hazard or disturbs others. Z. Printing and copying for business or commercial use. Library staff shall have the authority to approve large quantity print or copy usage (of over 20 pages) on a case by case basis. 3. 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. In the best interests of the children. parents should make regular after-school or day-care arrangements for children who cannot go home after school. A. 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 the offence happens again, staff reserves the right to contact the Moorpark Police Department. 8. 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 4 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. C. 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. D. 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. 43 Resolution No. 2014- Page 85 4. Disciplinary Process for the Moorpark City Library A. Failure to comply with this Moorpark City 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 Manager or City Manager Designee 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. 8. 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 Manager or City Manager Designee 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 Moorpark City 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 copy to the City Manager or City Manager Designee. 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 44 Resolution No. 2014- Page 86 notify the offending party, in writing, of the final decision. 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. (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 $5,000.00, 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 $5,000.00. Pursuant to the authority provided in California Government Code 935.4, the City Council authorizes the City Manager by written order to 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. 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 45 Resolution No. 2014- Page 96 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. -= Employment Agreement Approval The City Manager shall have the authority to 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. 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. 46 Resolution No. 2014- Page 103 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. illillili: 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 onlyforthe 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. 47 Resolution No. 2014- Page 104 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. 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 or an Expenditure Exceeding $250.00; 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. 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, 48 Resolution No. 2014- Page 115 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 ceased for the individual and/or company that submitted a NSF check until payment for the NSF cheGk is collected. Only cash, cashier's check or money orders will be accepted as payment to satisfy NSF checks. Policy 5.5: Landscape and Lighting Assessment District Capital Reserve Fund Balance The Finance Director shall work with the responsible department head and assessment engineer to calculate annual operating costs and the Capital Reserve Account balance for each landscape and lighting assessment district in conjunction with preparation of the City's annual fiscal year budget. The Capital Reserve Account fund balance to be maintained for each landscape or lighting assessment district shall not exceed one year of projected current operating budget for each such district. Policy 5.6: Investments Consistent with applicable State law, the City Council shall adopt an Investment Policy by separate resolution and review and update said policy by December 31 of each year. The Finance, Administration, and Public Safety Committee shall review the Investment Policy resolution on an annual basis prior to consideration by the City Council. Pursuant to applicable State law, the City Council delegates authority to the City Treasurer to invest or reinvest City funds, or to sell or exchange securities so purchased. The City Treasurer shall also invest or reinvest Successor Agency and Successor Housing Agency funds, or sell or exchange securities so purchased, as may be consistent with State law. Consistent with the Investment Policy, the City Treasurer shall make a quarterly report of those transactions to the City Council and City Manager. A separate quarterly report shall be provided to the City Council acting as Successor Agency and Successor Housing Agency. &'1l11Jii: 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 resolution or ordinance establishing the fee, fine, or deposit. 49 Resolution No. 2014- Page 125 8. For Moorpark Unified School District (MUSD) one-day events involving three (3) or less hours, such as year-end school parties, MUSD may request a waiver of rental fees provided a park rental application is submitted and signed, and MUSD provides a signed hold harmless and indemnification agreement in a form approved by the City. Additionally, MUSD must ensure that supervision, in a ratio of no less than one (1) adult to thirty (30) students, is provided at all times during the rental, and that the rented facility is cleaned after use. MUSD will be charged for City direct costs associated with the rental, including, but not limited to, lights and electricity, staff time if needed, excessive trash removal, or repair to damaged facilities. Policy 6.3: 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 6.4: 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 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. 11.lmfA«it~: Active Adult Center Standards of Conduct In order to provide the Moorpark Active Adult Center with an atmosphere of safety, courtesy, integrity and respect; the City of Moorpark has established a "Standards of Conduct Policy." 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 Center. 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 50 Resolution No. 2014- Page 126 governed by the ordinary and reasonable rules of behavior observed by law-abiding and self- respecting citizens. 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. E. Damaging, defacing, vandalizing, or destroying Active Adult Center property or grounds. +2. All participants at the Moorpark Active Adult Center or its programs are expected to: A. Treat others with respect. A-!L_ 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. G:-~ Comply with the decisions of staff and abide by the established grievance procedures when concerns arise. ~~Refrain from being a part of malicious gossip or activities, which would tend to be disruptive. E. -Refrain from all forms of harassment, including unwelcome verbal, visual, or physical conduct that creates an intimidating, offensive, or hostile environment, 51 Resolution No. 2014- Page 127 including physical or verbal sexual approaches, racial or gender slurs towards staff, volunteers or participants. F. Participants and staff have a responsibility to maintainMaintain an environment where conflict and differences can be addressed in a manner characterized by respect and civility. G. 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. F-:-GI. 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. H. Smoking is not permitted, except in designated areas. 3. Selling Prohibited Activities A. Possession of, being under the influence of, or "soliciting" is not permitted; no one may panhandle using alcohol or solicit spare changecontrolled substances on Active Adult Center premises. I. Defacing of property, such as spitting and littering, is not permitted J. Exhibit appropriate behavior, cleanliness and dress. K. Comply 'Nith all established and adopted rules and procedures governing City buildings. B. bSmoking 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, 52 Resolution No. 2014- Page 128 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. 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 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. N. Tampering with or destroying of computer equipment or files. 0. Removing any hardware component or accessory from Active Adult Center computers. P. Using personal appliances 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 Parks, Recreation and Community Services Director, or his designated representativeclTY Manager Designee regarding the final disciplinary action. In the interim, the Supervisor and/or Director 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 at the Center 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. 53 Resolution No. 2014- Page 129 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 reoccurrence recurrence of the incident e-r-of behavior. Depending on the nature of and/or the severity of the incident.offense. a----tfle first occurrence can lead to permanent suspension. 2) Second Occurrence -A written admonishment to the participant may result in temporary or permanent suspension from with a copy to the Center, depending uponCity Manager or City Manager Designee shall be completed. Depending on the nature of and/or severity of the infractionoffense. a scond occurrence can lead to permanent suspension. 3) Third Occurrence -May include a temporary or permanent suspension from attendance at the Moorpark Active Adult Center. Two suspensions within a one yeartwelve (12) month period of time may result in an extended or permanent suspension. A written suspension notice will be delivered given to the participant.offending party with a copy to the City Manager or City Manager Designee. 3. Appeal Process of Aggrieved Party Request for review and appeal of any of the above steps must be in written form and delivered to the Parks, Recreation and Community Services DirectorCity 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 Parks, Recreation and Community Services Director City Manager or City Manager Designee shallwill notify the offending party, in writing, of his/herthe final decision.:. within fifteen (15) working days. Policy 6.6: 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, Recreation and Community Services 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 54 Resolution No. 2014- Page 177 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. 2014-3294 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 7th day of January 2015. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk 55