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HomeMy WebLinkAboutAGENDA REPORT 2015 0318 CCSA REG ITEM 09C ITEM 9.C. CITY OF MOORPARK,CALIFORNIA City Council Meeting of 3-,k-Jwi5 MOORPARK CITY COUNCIL-Acnow: frit /i,ao. `A . AGENDA REPORT X 5 ', tel3 TO: Honorable City Council wie_ .010i/{` 333,2, ay: lsn . ,. r_ FROM: Jennifer Mellon, Administrative Services Manager David C. Moe II, Economic Development Manager DATE: February 11, 2015 (CC Meeting of 3/04/15) SUBJECT: Consider Resolution Adopting Revised City Council Policies Including Adding a Safe Harbors Under the Patient Protection and Affordable Care Act Policy and Updating the Policies Against Harassment, Discrimination, and Retaliation, and First-Time Home Buyer Affordable Housing Program and Rescinding Policies Resolution No. 2015-3353 and Affordable Care Act Resolution No. 2014-3332 BACKGROUND AND DISCUSSION The City Council Policies Resolution was last updated on January 7, 2015(Resolution No. 2015-3353).The attached draft update of the City Council Policies Resolution incorporates one new policy for consideration and two revised policies. In addition, staff has updated the title of Deputy City Manager to Assistant City Manager throughout the document, grammatically edited Policy 1.1, and made a minor change to Policy 5.9: Credit Card Acceptance and Processing; lowering the minimum transaction amount for transaction types listed in the policy from$10.00 to$5.00. This will allow patrons at the Moorpark City Library whose card has been blocked due to fines/fees in excess of $5.00 per the Circulation Policy to be able to pay their balance with a credit card and return their account to good standing. Since the draft revised resolution is 184 pages, staff is only including the substantially revised policy pages as an attachment to this agenda report and excluding as an attachment the minor change to Policy 5.9 and the editorial corrections to position titles in other policies. The agenda report with the entire draft resolution (totaling 184 pages)will be available in electronic format on the City's website. Explanation of the revisions to Policies 2.6 and 3.5 and the new Policy 3.10 is as follows. Policy 2.6: Policy against Harassment, Discrimination,and Retaliation is being changed to include unpaid interns and volunteers; inclusions of abusive conduct language; and modifications to the supervisory training section to include revised language consistent with the current law requirements. 164 Honorable City Council March 18, 2015 Page 2 Policy 3.5: First-Time Home Buyer Affordable Housing Program is being modified to more effectively implement the First Time Home Buyer Program. The City of Moorpark(City)has successfully assisted 63 low and very low income families purchase homes through the City's First Time Home Buyer(FTHB)program from January 2003 to February 2015. The majority of these homes, with the exception of four, were provided by residential developers to satisfy the affordable housing requirement of their development agreement with the City. As a direct result of new home construction in the Moorpark Highlands and Ivy Creek housing projects, 25 low income affordable units have become available through the City's FTHB program. The first six of these units have already been occupied and the remaining will be delivered throughout the calendar years of 2015 and 2016. However, prior to conducting another FTHB workshop, staff is recommending the City Council consider changes to Policy 3.5. Early in the negotiations of the Development Agreement, the anticipated Home Owner's Association .(HOA) dues are set at $100.00 so that an affordable housing price can be calculated. The City requires the developer to submit $120.00 for every dollar over this $100.00 amount. The City in turn uses these funds to reimburse HOA dues of the First- Time Home Buyer Affordable Housing Program participants for any amount over$100.00. Currently, HOA dues for affordable units are less than $230.00 per month. As originally anticipated, this was intended to be in effect for a period of 2-3 years. The formula tried to anticipate rising HOA cost, but resulted in a large subsidy for the buyers that could last 10 or more years. Staff has found the HOA reimbursements is becoming a labor intensive process. The City is not compensated for staff time spent processing the HOA reimbursements and this time could be spent more productively on implementing other affordable housing activities. Staff is proposing to change the process for reimbursing a portion the affordable buyers' HOA dues and included the HOA reimbursement in the Policy Resolution. The proposed changes in the HOA reimbursement are: e Affordable units purchased after July 1, 2015 shall be eligible for HOA dues reimbursement over $100.00, upon providing the City evidence of HOA payment, for a period not to exceed three (3) years from the date of purchase. • Affordable units purchased prior to July 1, 2015 shall remain eligible for continued HOA dues reimbursement over $100, upon providing the City evidence of HOA payment, through June 30, 2016. If this proposed change is approved, staff will send out one-year notices to all the existing affordable buyers notifying them that their HOA reimbursements will expire on June 30, 2016 unless available funds are exhausted prior to that date. After the timeframe has 165 Honorable City Council March 18, 2015 Page 3 expired for both the new and existing affordable buyers, any remaining funds will be deposited into the City Housing Fund. If an affordable buyer sells their unit prior to the HOA reimbursements expiring, the remaining funds are not transferable to the next buyer and the funds will be deposited into the City Affordable Housing Fund. The second change addresses applicants purposely omitting information or providing false information on their FTHB application. Staff is proposing that the Policy Resolution exclude participants who have omitted relevant information or provided false or misleading, or incomplete information regarding their eligibility for the FTHB program. Instances have occurred where possible disqualifying information is not discovered until the purchase process is well underway or even completed. Such cases have included incorrect household size, income, or prior home ownership. A third change is with regards to equity share. In the event of a re-sale of the affordable unit, 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 downpayment, net proceeds would be as follows: seller will receive the first$20,000 and 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. Below is an example of the proposed equity share: Proposed Equity Share Example Original Sale(approx.8 years ago) Affordable Sale Price $ 160,000.00 Original Downpayment Amount $ 8,000.00 Original First Mortgage Amount $ 152,000.00 City 2nd Loan Amount $ 250,000.00 Resale Affordable Sale Price(cash into sale) $ 206,000.00 First Mortgage Payoff $ 134,500.00 Owner Receives Downpayment($8,000), Principal Reduction ($17,500), and first$20,000 $ 45,500.00 Remaining Equity Applied to Equity Share $ 26,000.00 $ 17,333.33 City Share(2/3) $ 8,666.67 Owner Share (1/3) Total Funds Received by Owner $ 54,166.67 Total Funds Received by City $ 17,333.33 166 Honorable City Council March 18, 2015 Page 4 Another change is the definition of a first time home buyer. The Policy Resolution defines a first time home buyer as never owning a home or on title for a home. The industry standard definition of a first time home buyer is not owning a home within the last three years. Due to the difficulty of verifying if an applicant has ever owned a home in the past, staff is recommending a Policy Resolution change to the definition of a first time home buyer from never owning a home to not owning a home within the last seven years. This proposed change will streamline staff review of an applicant's eligibility as a past mortgage would still be included in the applicant's credit report. Staff is also providing several changes that will further clarify the direction of Policy 3.5, add an application fee, and strengthen City's ability to enforce violations of the policy and related program requirements. Policy 3.10: Safe Harbors Adoption and the Affordable Care Act(ACA) is being added to the City Council Policy Resolution to incorporate the language from Resolution No. 2014- 3332 which was adopted by the City Council on November 5, 2014 and is now proposed to be rescinded. Pertinent language from Resolution No. 2014-3332 has been included in Policy 3.10 and upon further ACA discussions with the Attorneys of Liebert, Cassidy, Whitmore, staff has made minor edits and added Section 4.D. which states the City Council hereby delegates authority to the City Manager, including his/her designee(s), to approve additional contributions towards health insurance as is required to keep the employee payment affordable under the ACA. Staff does not anticipate needing additional funding for a supplemental payment. Part-time employee hours will be monitored. The most likely need for a supplemental payment may be related to an unanticipated change in employee work hours that affects City-paid health insurance eligibility, such as an employee who previously worked full-time hours, goes on unpaid leave or changes to a part-time schedule, while still qualifying for ACA coverage based on hours worked during the measurement period. In this case, money will be already budgeted for City paid health benefits for full-time employees. Below are the scenarios of greatest potential fiscal impact to the City using the rate of pay safe harbor based on current salaries and the current CaIPERS health insurance rate for the lowest cost plan: 2015 Lowest Cost Self Only Coverage: $458.74 City's Required Minimum Contribution: ($122.00) Employee's Required Contribution: $336.74 167 Honorable City Council March 18, 2015 Page 5 Monthly 9.5%ACA Affordability Additional Rate Threshold Test Mo. Subsidy Scenario 1: FT Office Assistant Rate of Pay(hourly Not rate *2080 hours/12months) $2,467.27 $234.49 Affordable $102.25 Scenario 2: PT Recreation Aide/Clerical Aide(130 Not hours) $1,188.00 $112.88 Affordable $223.86 FISCAL IMPACT There may be minimal fiscal impact relating to changes made in the Credit Card policy due to a possible increase in transactions and transaction fees. There is no fiscal impact with regards to the changes made to the Harassment, Discrimination and Retaliation policy. There is no increased cost to the City associated with the First Time Home Buyer Affordable Housing Program Policy. There is no fiscal impact relating to the change to the ACA Policy authorizing the City Manager to approve additional contributions towards health insurance as is required to keep the employee payment affordable under the ACA. The intent of this change is to avoid the potential for ACA penalties, at a much higher cost to the City. STAFF RECOMMENDATION Adopt Resolution No. 2015- , rescinding Resolution No.2015-3353 and Resolution No. 2014-3332. 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, in legislative format, is available on the City's website and will be distributed by email to Council.) 168 Policy 2.6: Policy against Harassment, Discrimination, and Retaliation 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 gender; gender identity or expression; genetic characteristics or information; race; color; national origin; ancestry; religion; creed; sex; physical or mental disability; medical condition; marital status; military or veteran status; sexual orientation; 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 an employee's or unpaid intern's, or volunteer's opposition to unlawful harassment or discrimination or 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. The City maintains a strict policy prohibiting all types of harassment or discrimination because of gender; gender identity or expression; genetic characteristics or information; race; color; national origin; ancestry; religion; creed; sex; physical or mental disability; medical condition; marital status; military or veteran status; sexual orientation; 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, co- workers, volunteers, and by anyone doing business 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 gender; gender identity or expression; genetic characteristics or information; race; color; national origin; ancestry; religion; creed; sex; physical or mental disability; medical condition; marital status; 169 military or veteran status; sexual orientation; 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 gender; gender identity or expression; genetic characteristics or information; race; color; national origin; ancestry; religion; creed; sex; physical or mental disability; medical condition; marital status; military or veteran status; sexual orientation; 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 gender; gender identity or expression; genetic characteristics or information; race; color; national origin; ancestry; religion; creed; sex; physical or mental disability; medical condition; marital status; military or veteran status; sexual orientation; 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 170 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. 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, 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 171 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/Risk Management 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 or other interactive setting and will, at a minimum, cover the following topics: a) Information and practical guidance regarding federal and state statutory lawsprovisions concerning the prohibition against and the prevention and correction of sexual harassment; b) Information about the correction of harassment and the remedies available to victims of sexual harassment in employment; and c) Practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation- d) Information on prevention of abusive conduct as defined in Section 12950.1(q)(2) of the Government Code. 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. Employees should follow the following procedure to notify the City of alleged harassment and/or discrimination: A. Submitting a Complaint. Employees who believe they have been harassed or discriminated against on the job, including by persons doing business with or for the City, must provide a verbal or written complaint to his/her supervisor, department head, Personnel Officer, Senior Human Resources Analyst Human Resources Analyst, 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 172 Personnel Officer, Senior Human Resources Analyst, Human Resources Analyst, 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 session. Complaints regarding a member of the City Council 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, Senior Human Resources Analyst, Human Resources Analyst, 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 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, appropriate disciplinary action, up to and including termination of employment, will be taken. 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. 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 may have an adverse effect on any claim under this Policy if such claims are litigated. 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 173 guarantee absolute confidentiality as disclosure of information is necessary to complete the investigation. All employees involved in the investigation of harassment or discrimination complaints will be admonished to keep all information related to the investigation confidential, and that revealing such information is grounds for discipline. 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, or officer of the City, 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, Senior Human Resources Analyst, Human Resources Analyst, or City Manager. Any employee who is found to have obtained any benefit from the City because he/she submitted to an unreported sexual demand will be disciplined appropriately, and may be subject to reimbursing the City for the value of any benefits received. Any employee making such a demand will also 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 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. 174 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, Senior Human Resources Analyst, Human Resources Analyst, 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, Senior Human Resources Analyst, Human Resources Analyst, 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 session. Complaints regarding a member of the City Council 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, Senior Human Resources Analyst, Human Resources Analyst, or City Manager. 2) Investigation of Complaints. All complaints of prohibited retaliation which are reported to the City will be investigated. The City will 175 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 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, appropriate disciplinary action, up to and including termination of employment, will be taken. 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. 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. All employees involved in the investigation of retaliation complaints will be admonished to keep all information related to the investigation confidential, and that revealing such information is grounds for discipline. 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 EEOC and the DFEH investigate and prosecute complaints of harassment, discrimination, and/or retaliation in employment. You can contact the EEOC as follows: Los Angeles District Office,255 176 East Temple, 4th Floor, Los Angeles, California 90012; 800-669-4000. You can contact the DFEH as follows: Los Angeles Office, 611 West Sixth Street, Suite 1500, Los Angeles, California 91117; 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/Risk Management 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. EmployeeNolunteer/Contractor Acknowledgment of Receipt of Policy against Harassment, Discrimination, and Retaliation. All employees shall be given a copy of this Policy on the first day of employment, shall be given the time to read the Policy during their new employee 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 and comprehend its contents. If I have any questions, I shall submit any questions in writing to the Personnel Officer Senior Human Resources Analyst, or Human Resources Analyst within seven (7) days of receipt of the Policy and signing the acknowledgment form. 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, and applicable volunteers and contractors following any amendment, and no less than once every two years, with reading and receipt acknowledgment required as described above. 177 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 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 er-mobilehome ownership, 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. Five Three percent (53%) minimum down payment, based on the affordable sales price. Downpayment must be seasoned into an account no less than ninety (90) days prior to application date. : ••: - - - - - - - • °. 178 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). GH. Non-occupant co-borrowers are not allowed and no more than two related or unrelated people can take title of an affordable unit. 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. Neighborhood Housing Services of Amcrica (NHSA) or other City-approved underwriting guidelines to be used,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. btApplicant 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 179 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 will—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. Except for minor children subiect 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, Citizens Transportation Advisory Committee, and Teen Council. 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, 180 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. I 4. Housing Pricing,-and Selection of Units, HOA Reimbursement, and Refinancing A. Initial Sale Price: 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: o 3 bedroom unit priced for a household of 4 o 4 bedroom unit priced for a household of 5 B. Resale Price 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). 181 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)per month for the maintenance of common areas in the following manner: (1) 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. (2) Homes purchased prior to July 1, 2015 shall remain eligible for continued HOA dues reimbursement through June 30, 2016, unless available funds are exhausted prior to that date. (3) Reimbursements shall be made on a quarterly basis (3 months at a time)and must be submitted for reimbursement within six(6) months of the month within which it was due (e.q. January dues must be requested by June 30th). No reimbursements for penalties or late fees. (4) HOA reimbursements shall terminate if reimbursements 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 182 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, 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 downpayment, 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. 57. 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. 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 183 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.) 184 Policy 3.10: Safe Harbors Adoption and the Affordable Care Act (ACA) 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. 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. 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. 185