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HomeMy WebLinkAboutAGENDA REPORT 2007 0516 CC REG ITEM 09BTI'EM q. B. CITY OF MOORPARK, CALIFORNIA City Council Meeting .S' /(o -�QOo MOORPARK CITY COUNCIL U lz ; � k AGENDA REPORT ` - Z., ' &�'� "�'�' �vr /J.L lI _ TO: Honorable City Council 2`1' t'n'. D.5T- FROM: Deborah S. Traffenstedt, Administrative Services Director /City Clerk DATE: May 10, 2007 (CC Meeting of 5/16/07) SUBJECT: Consider Adopting Revised City Council Policies Resolution and Rescinding Resolution No. 93 -951 and Resolution No. 2006 -2483 BACKGROUND The City Council's Policies Resolution includes the following language: "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." The City Council Policies Resolution was last updated on June 21, 2006. Staff's recommended changes to the City Council Policies Resolution are shown through the use of legislative format on the attached draft resolution and include recommended revisions to current policies and the addition of new policies as discussed below. The Finance, Administration, and Public Safety Standing Committee (Mayor Hunter and Mayor Pro Tern Millhouse) reviewed a draft of the recommended Policies Resolution update at a special meeting on May 7, 2007. Minor edits requested at that meeting have been incorporated. Mayor Hunter asked at that meeting for staff to determine whether a policy was needed to revise the past practice of having the Mayor sign each final subdivision map after City Council approval action. Staff had been using a certification of Council action format that had both the City Clerk and the Mayor acknowledging the City Council's approval action. Following the May 7 meeting, staff researched the Subdivision Map Act and determined that Section 66440 of the Government Code provides that the final map shall contain a certificate or statement for execution by the clerk of each approving legislative body stating that the body approved the map and accepted, accepted subject to improvement, or rejected, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. The final map staff report could include the City Council's direction to the City Clerk to certify the Council's approval action on the final map. A policy is not needed. t�04�:� 1 Honorable City Council May 16, 2007, Regular Meeting Page 2 The Committee also asked that the City Attorney review any changes to the revised Policies Resolution since his review of an earlier draft. This review has been accomplished. DISCUSSION Recommended changes to the City Council Policies Resolution are summarized below: • The Index on pages 1 and 2 has been updated to include amendments to policy titles, including new policy titles • A new Policy 1 (Information to be Provided to Official City Councilmember and Mayor Candidates) has been added to clarify information to be provided to official city councilmember and mayor candidates (after nomination papers are filed and qualified, but before the election). • Prior Policy 1 (Street Naming) has been renumbered as Policy 2, and prior Policy 2 (Repayment Documents for Villa Campesina Deferred Loans) has been deleted and the affordable housing project signature authority is now included in Policy 27 (First - Time Home Buyer Affordable Housing Program). • Policy 3 has been amended, including the title (Meeting, Training, and Conference, and Professional Association Membership Expense Reimbursement), to clarify professional association membership and meeting attendance reimbursement for the City Council. • Policy 4 (Reports from Appointees) has been amended to clarify that written reports from appointees should be sent to the attention of the City Clerk. • Policy 5 (Advertising and Appointment Policy for Citizen Appointments to Boards, Commissions and Committees) has been amended to clarify that one application form may be used to apply for more than one open recruitment occurring at the time of application; to make the notice language more descriptive regarding compliance with State law; to change reference to a Public Art Advisory Committee to the Moorpark Arts Commission; to include a pre- appointment interview process for applicants for Arts Commission, Parks and Recreation Commission, and Planning Commission, as directed by the City Council at the January 17, 2007, regular meeting; and other editorial corrections. • Policy 6 (Active Adult Center Advisory Committee) has been amended to change the appointment date to the second regular meeting of December of every even - numbered year and clarify Brown Act compliance requirements. • Policy 7 (Teen Council) has been amended to clarify Brown Act compliance requirements. • Policy 8 (City Council Standing Committees) has been amended to reflect the prior City Council actions to consolidate Standing Committees from five to three, update assigned staff, and clarify that action minutes for the Standing Committees may consist of an annotated agenda. • Policy 9 (Process for Preparation of Initial Drafts of Ordinances by City Departments) has minor editorial corrections. 00001101 Honorable City Council May 16, 2007, Regular Meeting Page 3 • Policy 11 (Non- Profit Organizations Annual Facility Reservation Policy) has been amended to clarify one no cost rental per year may include the Arroyo Vista Recreation Center, the Moorpark Community Center, or other park facility. • Policy 13 (Flag Etiquette) has been amended to add not to exceed time periods for flags flown at half staff for certain categories. • Policy 20 (Authorization for the Issuance and Countersigning of Warrants Pursuant to Chapter 3.12 of the Moorpark Municipal Code) has been amended to change the maximum amount for a demand warrant that may be signed by the City Manager and countersigned by designated staff from $2,500.00 to $5,000.00, and to change the maximum amount for a demand warrant that in the absence of the City Manager may be authorized by the City Manager to be signed by the City Treasurer and City Clerk from $1,000.00 to $2,500.00. • Policy 21 Employee, Contract Staff, and Consultant Letters of Recommendation and Background Check Response) was amended to include reference to the Arts Commission. • Policy 24 has been amended to clarify an 805 area code requirement for City Council cellular telephone reimbursement, and identify two circumstances when additional cell phone use reimbursement may be permitted and additional documentation is required. The two circumstances are increased cell phone usage during a City declared emergency, and for the additional cost required to respond to the business of the City while traveling out of the country. Language has also been added to permit the City Manager to approve a monthly cell phone allowance of $45.00, and a maximum reimbursement of $125.00 every two years for a new cell phone, for a Competitive Service employee whose duties necessitate access to a cell phone, subject to compliance with cell phone standards (the City Council directed this amendment at its meeting on May 2, 2007). • Policy 27 (First -Time Home Buyer Affordable Housing Program) has been amended to include additional clarifying language pertaining to home buyer qualification guidelines, the selection process, housing pricing, and the City Manager signature authority (the new signature authority section replaces language previously included in prior Policy 2). • Policy 29 (Ethics Training) has been amended to include reference to the Arts Commissioners, to expand the ethics training requirement to all City Management staff, and give the City Manager authority to designate other staff and /or independent contractors required to attend. • Policy 34 (Drug Free Workplace) is new and implements a revised Drug Free Workplace policy, based on the California Joint Powers Insurance Authority model, as negotiated and referenced in the current Memorandum of Understanding between the City and the SEIU Local 998 Union. Prior Resolution No. 93 -951 will be rescinded. • Policy 35 (Transit Security System Electronic File Retention Pursuant to Public Utilities Code Section 99164 and Government Code Section 34090.8) implements the City Council's approval action at its January 17, 2007, regular meeting. • Policy 36 (City Clerk Records Destruction Approval Authority) implements the City Council's approval action at the November 1, 2006, regular meeting. tj0MA3 Honorable City Council May 16, 2007, Regular Meeting Page 4 • Policy 37 (City Wireless Internet Network) — is a new policy that provides the City Manager authority to establish a wireless network security warning and disclaimer for the City's wireless internet network. • Policies 38 -40 (Moorpark City Library Materials Selection, Moorpark City Library Internet and Computer Use and Patron Agreement, and Moorpark City Library Circulation) implement the City Council's approval of Library policies at the December 20, 2006, regular meeting. Edits were made to these three policies to clarify that the City Manager and /or his designee has the authority to approve the language of forms and agreements referenced in the policies, and to remove specific fine and fee amounts from these policies, and provide consistency with other policies. A separate Moorpark Library Fine and Fee Schedule Resolution is scheduled for City Council action on the May 16 agenda. • Policy 41 (City Website Content and External Links) is a new policy that provides direction to staff and the users of the City website (currently www.ci.moorpark.ca.us) and includes a purpose statement; disclaimer regarding change, accuracy, and risk of use; disclaimer regarding privacy; and a description of permitted external links and application process. • Policy 42 (City Council Use of City Website) is a new policy that establishes information to be included on the City Council page of the City's website and an approval process for additional information to be placed by the City Council on the City's Website. The City Attorney has advised that the City's website is not a public forum and is not an official legislative proceeding; therefore, information placed on the website may not enjoy certain privileges and immunities that such information might enjoy in other public arenas. In addition, such information, if factually inaccurate or libelous may create liability for the City and /or the individuals posting such information. The wording or substance of any such posting by the City Council may also trigger Brown Act and equal access issues. • Policy 43 (City Council Use of City Computers and Acceptable Internet and E -mail Use on the City Computer Network) is a new policy that establishes computer resources to be provided to the City Council (equipment, software, and maintenance) and acceptable computer, internet and e-mail use. The intent following adoption is to provide each member of the City Council with a City e-mail address and update equipment and software as needed. The City Council would have a group email address ( citycouncil(@ci.moorpark.ca.us) as well as an individual address for each member (example: PHunterP_ ci.moorpark.ca.us). Staff would monitor the group City Council email address similar to what is currently done for the Moorpark (—aci.moorpark.ca.us email address. As an example of how each member of the Council would access your individual emails, you would type in a website address, and you will then be prompted for a user name, password, and domain name. All of the email received could then be viewed and responded to while logged into the City's computer network. The advantage of this system is that all email received and all email responded to would be automatically copied for public records purposes. Staff's intent would be to minimize or eliminate email to the Council's home or work email addresses, with the exception of brief messages that would ask or remind the Council to read your City email. fps () f)14 Honorable City Council May 16, 2007, Regular Meeting Page 5 • Policy 44 (City Council Credit Card Use) is a new policy that establishes the issuance, credit limit, and use guidelines for a credit card to be issued to each member of the City Council. • Policy 45 (City Council Use of City Pool Vehicles) is a new policy that clarifies the requirements and procedures for the use of a City vehicle by a member of the City Council. • Policy 46 (Authorization for City Manager to Approve Reduction and /or Exoneration of a Surety that has a Value Not to Exceed $10,000.00) is a new policy that is intended to delegate to the City Manager the approval authority for reducing and /or exonerating sureties with a value of less than $10,000.00. STAFF RECOMMENDATION Adopt Resolution No. 2007- Attachment: Draft Resolution 0001\015 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING REVISED COUNCIL POLICIES AND RESCINDING RESOLUTION NO.93 -951 AN_ D RESOLUTION NO. 2006 -2483 WHEREAS. it is - advantageous 4or the City Counc-4 -to- have a compilation of its poheies,- and WHEREAS, the City Council has directed that its policies be compiled and adopted in one resolution; and WHEREAS. the City Council has determined that Resolution No. 2006 -2483 should be rescinded and a_ revised Policies Resolution should be adopted to incor orate amendments and add new policies as described in the agenda report for the March 7. 2007, regular City Council meeting; and WHEREAS. Resolution No. 93 -951 previously established a Policy for a Drug -Free Work Place, and that Resolution is proposed to be rescinded and replaced with new Policy 34 herein- and WHEREAS, the index for the updated City Council Policies Resolution is as follows: Policy 1 — Street Naming Policy 2— Repayrnen- t- Documents for -V4Ia Carnpesina Deferred I_oanslnformation to be Provided to Official City Councilmember and Mayor Candidates Policy 3— Meeting, Training, and Conference, and Professional Association Membership Expense Reimbursement Policy 4— Reports from Appointees Policy 5— Advertising and Appointment Policy for Citizen Appointments to Boards, Commissions and Committees Policy 6— Active Adult Center Advisory Committee Policy 7— Teen Council Policy 8— City Council Standing Committees Policy 9— Process for Preparation of Initial Drafts of Ordinances by City Departments Policy 10 — Temporary Use Permit Fee Waivers Policy 11 — Non - Profit Organizations Annual Facility Reservation Policy Policy 12 — Refunds for Business Registration Policy 13 — Flag Etiquette Policy 14 — Conflict of Interest Appraisal Policy 15 — Pre - Qualification of Bidders Policy 16 — Harassment in the Workplace Policy 17 — Waiver of Street Sweeping Parking Restrictions for Vehicles with Handicapped Driver License Plates or Placard (100 16 Resolution No. 2007 - Page 2 Policy 18 - City Council Comments on Development Projects Before the Planning Commission Policy 19 - Authorization for City Manager to Approve Small Claims Court Filing and Civil Compromise for City Claim Against Another Party Having a Value Not to Exceed $5,000.00, and Authorization for City Manager to Allow, Settle and /or Compromise Any General Liability Claim Filed Against the City Having a Value Not to Exceed $5,000.00 Policy 20 - Authorization for the Issuance and Countersigning of Warrants Pursuant to Chapter 3.12 of the Moorpark Municipal Code Policy 21 - Employee, Contract Staff, and Consultant Letters of Recommendation and Background Check Response Policy 22 - Employee Anniversary Recognition Program Policy 23 - City Payment for Employee Recognition at the Time of Retirement from the California Public Employees Retirement System (CaIPERS) Policy 24 - Cellular Telephone Policy 25 - Park Naming Policy 26 - Accounts Receivable Collection Policy 27 - First -Time Home Buyer Affordable Housing Program Policy 28 - Crossing Guard Warrant Policy 29 - Ethics Training fof Members of -the Legislative Body Policy 30 - Procedure for Filing a Complaint Against a City Employee or Contract Staff Policy 31 - City Public Sidewalk Maintenance and Repair Policy 32 - Waste Reduction and Recycled- Content Product Procurement Practices Policy 33 - Americans with Disabilities Act Grievance Policy 34 - Drug ...Free Workplace Policy 35 -� Transit Security System Electronic File Retention Pursuant to Public Utilities Code Section 99164 and Government Code Section 34090._8 Poli_cy__3.6 - . City Clerk Records Destruction Approval Authority Policy 37 - City_ Wireless Internet Network Policv._38 - __Moor ark City Library Materials Selection PolicK39 _Moorpark City Library Internet and Computer Use and Patron_ Agreeme_nt Policy 40 - Moorpark City Library Circulation Policy 41 — ___QjtyWebsite Content and External Links Policy 42_- _Qq Council Use of City Website P_ olio 43_- ___C.ity_Council Use of City Computers and Acceptable Internet and E-mail Use on the City Computer Network Policv 44 City _Council Credit Card Use Poli_y_45 -._. Cif Council Use of City Pool Vehicles P_ olicy46— Authorization for City Manager to Approve Reduction and: or_Exoneration of a Surety that has a Value Not to Exceed $10,000.00. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. POLICY 1 - INFORMATION TO BE PROVIDED TO OFFICIAL CITY COUNCILMEMBER AND MAYOR CANDIDATES Resolution No. 2007 - Page 3 Councilmember and Mayor Candidates who have successtully completed the election filing requirements will be notified by_ the City Clerk of the and Redevelopment Agency 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 Councilmember or Mayor candidates will be handled in the same manner as a oublic records request, with a copy charge as set forth by City Council resolution SECTION 12. POLICY 42 - STREET NAMING The Community Development Director, in consultation with the City Manager and in conjunction with the Ventura County Fire Department shall determine street names for recommendation to the City Council. All street names shall be approved by the City Council prior to approval of a final subdivision map. The following criteria shall be used: North /South streets shall be designated as avenues or roads; East/West streets as streets or drives; and cul -de -sacs as circles, courts or places. SEmCTt81,4-2 - -- POLICY 2 -- -RE €PAYM€NT- DOCUME -NT9 FOIE- -V4LLA CAM- PES44A DEFERRED-LOANS The City Manager- israutbor+zed4(�-execute- a4defer-redloar}-repayment documents-- forVilla Campes na Affordable Hot s& r Development {Tract 4147 }. SECTION 3. POLICY 3 — MEETING, TRAINING, AND 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 loin 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 Accommodations; 2. Meetings /Seminars/Training Sessions which Require Overnight Accommodations, or which Require an Expenditure Exceeding $250.00; 3. Travel for Special Meetings or Training; 4. Legislative Body Authorized Expense Procedures; and 5. Mileage Reimbursement for City Appointees to Boards, Commissions, and Committees. 6. Professional Associations Related to the Business of the City. 1)00018 Resolution No. 2007 - Page 4 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. Meetings /Seminars/Training Sessions, which do not require overnight 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, the Assistant City Manager, and City Manager shall be required to pre- approve City reimbursement for employees they supervise. B. Department Heads, Assistant City Manager, and City Manager may not approve attendance unless funds have been budgeted and are available for the subject purpose. C. Wherever possible, registration fees will be paid in advance by the City. The individual attending shall typically advance mileage and parking costs. D. Upon return to the City, the individual attending shall complete a petty cash reimbursement form for total costs less than $50.00, or a "Travel Authorization and Reconciliation Report" form (available on City Share /City Share /Finance /Forms) when total costs exceed $50.00. The reimbursement form shall be submitted to the Department Head, Assistant City Manager, or City Manager for approval, as applicable. E. Meal and travel expenses will be reimbursed consistent with the more detailed policy language included, below, for subsections 2.E. and 25. of this policy, with the exception that rental car reimbursement is not permitted for one day or less training with no lodging. 2. Meetings /Seminars/Training Sessions, which Require Lodging or an Expenditure Exceeding $250.00 A. Allowable Expenditures. The costs of registration, lodging, meals, parking, and mileage for private vehicle use are allowable City expenses. Attendance at City expense shall be subject to the advance approval of the City Manager, if funds have been appropriated for the travel. Otherwise, attendance shall require approval and an appropriation of funds by the City Council. B. Travel Expense Report. A "Travel Authorization and Reconciliation Report" form (available on City Share /City Share /Finance /Forms) is to be completed for each employee traveling. The Department Head must approve the form, indicating that sufficient funding is included in the budget. Once approved by the Department Head, the report is to be submitted to the City Manager for Resolution No. 2007 - Page 5 approval at least one week prior to the City Council Meeting preceding the date of the Conference/Training Session. The City Manager shall either approve /disapprove the travel or refer to the City Council and recommend attendance /non- attendance based on the availability of funds, proposed content of the meeting, and other meetings in the same general subject area, which may be scheduled later during the budget year. Following City Manager or City Council approval, the Department Head must ensure the form is submitted to Finance staff in a timely manner. C. Registration. Registration will be paid in advance by regular warrant whenever possible. A registration form shall be completed by the department and submitted to the Finance Division with the approved Travel Authorization and Reconciliation Report form. Finance will process the warrant and mail the registration form. D. Lodging. The City will pay lodging expenses for City employees during business travel requiring one or more overnight stays. The City will pay for lodging for the evening preceding or subsequent to a meeting or business event when the employee would have to travel at unreasonably early or late hours to reach his or her destination. Payment for pre -event lodging shall require City Manager approval and will typically not be approved if the total miles of travel from City Hall to the site of the event are less than 75 miles. Costs for lodging must be reasonable based on availability of hotels and proximity to conference /training location. Lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the employee at the time of booking. Receipts are required. Lodging may be guaranteed or paid by a City credit card. Each Department Head shall use his /her card for guaranteeing or paying for rooms for employees within their department. When requesting a check for lodging, an employee shall attach a copy of the approved Travel Authorization and Reconciliation Report form. The request shall typically be submitted to the Finance Division no less than three (3) weeks prior to travel. Finance will process the warrant and give it to the Department Head to give to the appropriate employee. Department Heads may use their City credit card to charge lodging for themselves and other employees traveling to the same conference. Employees may also use personal credit cards with reimbursement requests submitted after the conference. E. Meals. The traveler may receive a per -diem allowance for meals plus tips. The per diem allowance shall conform to the currently allowed Internal Revenue Service (IRS) allowance for the city of travel and does not require substantiation with receipts. Regarding partial days, travel beginning on or before 7:00 a.m. qualifies for breakfast. A return time beyond 1:30 p.m. 000020 Resolution No. 2007 - Page 6 qualifies for lunch. Return times beyond 7:00 p.m. qualify for dinner. Travelers will not be reimbursed for the cost of a lunch or dinner meal, if such meal is already paid for and provided as part of the conference expenses, and the per -diem allowance will be reduced accordingly, per the IRS published allowance. Breakfast shall be considered to occur between 12:00 midnight and 11:00 a.m.; lunch 11:00 a.m. to 4:00 p.m.; and dinner 4:00 p.m. to 12:00 midnight at the time zone of the location of the meal. The City will pay reasonable and customary gratuities and tips during City business travel. Tips for meals are included in the standard per diem rate. If no per diem rate is published for the city of travel, or if the traveler prefers, receipts may be submitted for food and tips up to $50.00 per day based on the limits of $10.00 for breakfast, $15.00 for lunch and $25.00 for dinner. Advance payments of per diems are permitted for multi -day conferences only. A request for a per diem advance shall be submitted to the Finance Division, typically no less than three (3) weeks prior to travel. Finance will process the warrant and give it to the department head to give to the appropriate employee. F. Travel. Use of air, train, private car or bus shall be selected on the basis of the most reasonable and appropriate method, taking into consideration distance, time, and total costs to the City after all expense items are tabulated, including travel time and salary costs. Travel for all personnel shall be in coach class or equivalent service. While traveling, the use of rental vehicles is to be discouraged. Hotel courtesy buses, local shuttle services or public transportation, if available, should be utilized between airports and meeting locations. If a shuttle service is used from home to the airport, bus, or train terminal, the cost for the shuttle shall not exceed the cost for personal vehicle mileage reimbursement plus parking (if the trip originates or ends at the employee's residence, personal vehicle mileage reimbursement shall be calculated based upon the number of miles between the travel destination and either the employee's designated work location or residence, whichever is the shortest distance). Taxi service shall be used only when no other convenient, less costly mode of transportation is available. Rental vehicles may be approved in advance by the City Manager when no other transportation is available, or when alternate transportation would be more expensive or impractical. When rental vehicles are used, the least expensive vehicle practical will be used. Payment for air travel is to be made by City credit card at the time of booking. If a travel agency will invoice for the payment, that method may be used. Employees may also use personal credit cards and then request reimbursement from the City. 000021 Resolution No. 2007 - Page 7 Employees pre- approved to use personal vehicles for travel will be reimbursed for mileage at the then current Internal Revenue Service mileage rate; however, the total expense of said travel shall not exceed the combined total of the round -trip air fare to the destination, plus the private vehicle mileage expense to and from the airport and appropriate parking fees. Use of a privately owned vehicle on City business requires the driver to possess a valid California driver's license and to carry automobile insurance. Any damages to the vehicle or service repairs are of a personal nature, and are not reimbursed by the City. Reimbursement will be based on the vehicle and not on the number of employees attending (i.e. the owner of the vehicle will be paid and not the passengers). If the trip originates or ends at an employee's residence, personal vehicle mileage compensation shall be based upon the number of miles between the travel destination and either the employee's designated work location or residence, whichever is the shortest distance. Expenses such as tolls and parking will be fully reimbursed upon presentation of the original receipt. Valet parking will only be reimbursed if there is no self - parking option. Reimbursement for use of a personal vehicle for local travel is not applicable to those management employees receiving an automobile allowance. These employees may, however, receive reimbursement if travel is outside of the six county area of Santa Barbara, Ventura, Los Angeles, San Bernardino, Riverside and Orange Counties. G. Final Expense Report. A final Travel Authorization and Reconciliation Report form is to be completed by the employee within ten (10) days of completing the travel. Any reimbursement requests not submitted within 30 days of the meeting date may not be honored and traveler shall assume all costs, unless waived by the City Manager. Unsubstantiated advances may result in the issuance of an IRS form 1099 to the traveler. The report is to include a final accounting of all expenses related to the travel, including expenses already paid by the City (by warrant or credit card) and expenses paid by the employee. All hotel bills, rental bills, airline ticket invoices and other receipts are to be attached to the form. If the employee has received, or is requesting, the per diem amount for food and tips, receipts for meals are not required. If any reimbursement to the City is required, a personal check in the correct amount is to be submitted with the expense report. Items of a personal nature are not reimbursable including movies (in -room or at the theater), entertainment, premium television services, sporting events, alcoholic beverages, laundry/dry- cleaning, spas, gyms, massage, barber, magazines, shoeshine, travel insurance, purchase of clothing or toiletries, loss of tickets, fines or traffic violations, excess baggage, valet service, spouse /and or guest accommodations, office equipment and other items of a personal nature. If unauthorized expenses have been paid by the City (i.e. via credit card), the employee will be responsible for immediate l�C3ijf }2�; Resolution No. 2007 - Page 8 reimbursement to the City. Reimbursement of travel expenses received from an outside source must be forwarded to the Finance Division upon receipt. The final Travel Authorization and Reconciliation Report form is to be signed by the Department Head, Assistant City Manager, or City Manager, as applicable, and submitted to the Finance Division for verification. If payment is due to the employee, the payment will be processed in the next available warrant cycle. 3. Staff Travel - Special Meetings or Training for which Funds are not Appropriated. Attendance at a special meeting or training, for which funds are not appropriated, attendance by the City of Moorpark is deemed urgent, and which occurs at a time which precludes advance approval by the Council as a whole, may be authorized by the Mayor and one other member of the City Council, subject to the ratification of the expense and appropriation of funds at the next regular Council Meeting. 4. Legislative Body Authorized Expense Procedures It is the policy of the City of Moorpark to reimburse members of the City Council, Planning Commission, and Parks and Recreation Commission and any other member of the legislative body (as defined by Government Code Section 54952) that receives reimbursement of expenses, for actual and necessary expenses incurred in the performance of their official duties. The travel and expense reimbursement of the legislative body as defined in Government Code Section 54952 (including but not limited to members of the Council, the Planning Commission, and the Parks and Recreation Commission) shall be governed by the same rules contained in this policy for City employees, and the additional requirements listed below. A. The Travel Authorization and Reconciliation Report form shall be reviewed and subject to the approval of the City Council Budget aed- Finance, _Administration, and Public Safetv Committee. If a member of the Budget and Finance, Administration. and Public Safe_y Committee submits a Travel Authorization and Reconciliation Report form, it shall be subject to the approval of the two most senior, by tenure, members of the City Council who are not members of thate` Budget-and F+naaee Committee. B. The following types of expenses generally constitute authorized legislative body expenses: a.1) Use of personal vehicle for business travel outside the City limits (reimbursed at the per mile reimbursement rate for City employees and volunteers and consistent with Policy 3, Section 5); 000023 Resolution No. 2007 - Page 9 b.22) Communicating with representatives of regional, state and national government on City adopted policy positions; c.3_1 Attending educational seminars designed to improve public officials' skill and information levels; d.4_1 Participating in regional, state and national organizations whose activities affect the City's interests; e-51 Lodging, Meals, and Travel — Traveler may receive a per -diem allowance consistent with the provisions of Policy 3, Sections 2.D, 2.E, and 25. Any expense for which reimbursement is requested (which is not subject to the per diem requirements of this policy) shall include a statement of the reason /purpose and who else was in attendance, even if reimbursement is not requested for others in attendance. The cost of a meal shall not exceed the applicable Internal Revenue Service (IRS) per diem reimbursement rate for the Los Angeles area regardless of the location. 6�. Professional association membership and meeting attendance when included in the adopted City Council budget. C. Items that are of a personal nature are not reimbursable (examples are listed in Policy 3, Section 2.G). D. Legislative body members (City Council, Planning Commission and Parks and Recreation Commission) shall briefly report on meetings attended at City expense at the next regular meeting for that legislative body member. If multiple members of the same legislative body attended the same meeting, a joint report may be made. E. If a reimbursement rate for travel, meals, lodging and other actual and necessary expenses is not specifically identified in this policy, then the Internal Revenue Service rates for reimbursement as established in publication 463 or any successor publication shall be used for those items. F. All expenses not covered by this policy shall be approved by the City Council in a public meeting before the expense is incurred. G. Pursuant to Section 53232.4 of the Government Code, penalties for misuse of public resources or falsifying expense reports in violation of expense reporting polices may include, but are not limited to the following: (a) The loss of reimbursement privileges. (b) Restitution to the local agency; (c) Civil penalties for misuse of public resources pursuant to Government Code Section 8314; and (d) Prosecution for misuse of public resources pursuant to Section 424 of the Penal Code. f J 0 0 1JAZO4 Resolution No. 2007 - Page 10 5. Mileage Reimbursement for City Appointees to Boards, Commissions, and Committees City Council public appointees to boards, commissions, and committees, that do not receive an honorarium and require travel outside of the Moorpark City limits, shall be eligible to receive mileage reimbursement for attendance at regular and special meetings of that board, commission, or committee. Mileage will be calculated from the appointee's residence in Moorpark as the point of departure to the meeting location. Mileage expense reimbursement for the use of a personal vehicle for travel shall be at the rate currently allowed by the Internal Revenue Service, and as verified by the Finance Director annually. The appointee shall complete the City's Travel Authorization and Reconciliation Report form, and submit the form to the City Clerk at the end of the month, with the meeting agenda attached as supporting documentation for the mileage reimbursement claim. The City Clerk will submit the Travel Authorization and Reconciliation Report form to the City Council Budgetaed Finance,.._ Administration, and Public Safety Committee for review and approval. SECTION 4. POLICY 4 - REPORTS FROM APPOINTEES 1. Reports are required from appointees to the following: Area Agency on Aging Area Housing Authority Citizens Transportation Advisory Committee Air Pollution Control District Advisory Committee 2. A report shall be required for each scheduled meeting of the agency, authority, district, commission or committee and is due in written form to the City Council five (5) days following the meeting. Any written report should be sent to the attention of the City Clerk an e -mail report is acceptable) for distribution to the CitvCouncil. In lieu of a written report, an oral report may be presented to the Council under the public comment portion of the next regularly scheduled City Council meeting after the meeting of the agency, authority, district, etc. 3. Where the City is represented by more than one person, the appointees shall coordinate and collaborate their efforts so only one report is presented to the Council. 4. If neither the appointee nor alternate is in attendance at a meeting of the agency, authority, district, etc., or if the meeting is canceled, that will be reported to the Council by the appointee(s) as prescribed above. SECTION 5. POLICY 5 - ADVERTISING AND APPOINTMENT POLICY FOR CITIZEN APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES Resolution No. 2007 - Page 11 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 Home Page, of all citizen appointive positions and their expiring term of office (in compliance with the Maddy Act requirements, Government Code Section 54973). A contact number and request for communication with the City Clerk will be included, to allow residents to obtain information on any requirements for the appointed positions, and to facilitate communication with the City Clerk in the event a citizen has an interest in being placed on the appointee resource list. Notice of the availability of the 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 Home Page, local government channel, and at the City Community Center. 3. Interested persons will be asked to submit a City Board, Commission, and Committee Application. 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 to serve as the application for more than one open recruitment occurring at the time of application. 4. When an unscheduled vacancy occurs for any City Council citizen appointment. can the PiannOg Commi=ssion: Parks - and- Rec -reation Cornm4ssior}. or other City Council appo+r } ted- boar -d; e�m issio .era m+ttee, notice will be posted not later than 20 days before or not later than 20 days after the vacancy occurs. in the office of the City Clerk, the Moorpark Library. the City's Home Page. local government channel, and at the City Community Center (in compliance with the Maddy Act requirements),_ and- aAdvertisement 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, with the following exceptions: A. There is no registered voter requirement for Teen Council. ()0() %26 Resolution No. 2007 - Page 12 B. An applicant for the Pub4 G -,40 -- Advr ory- Comm►tteeMoorpark Arts Commission must reside within the City, the City's Area of Interest: and ;er must be-enVoyed -or a- business owner within. the City limits the Moorpark Unified School District boundaries, or own a business within_ the city of Moorpark. 7. 1erk-w4*w e- aAppIicants for the Arts Commission Parks and Recreation Commission. and Planning Commission are required to attend a regular City Council meeting in December of each even - numbered year to make a brief presentation on qualifications and interest in the appointment not to exceed three minutes). 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 at one or both of the December regular meetings, as directed by the Mayor. Failure to make a presentation shall result in disqualification for appointment. The City Council may by maiority vote extend the date for the presentations to the next calendar year_ 78. As per Government Code Section 40605, the Mayor shall make all appointments to boards, commissions and committees. 89. 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. E. The Council shall vote on each appointment individually. SECTION 6. POLICY 6 — ACTIVE ADULT CENTER ADVISORY COMMITTEE Purpose The Active Adult Center Advisory Committee is intended to assist with the development of programs and activities of interest to local seniors and facilitate communication between City staff and senior adult participants. 2. Membership and Organization Resolution No. 2007 - Page 13 All appointments to the Active Adult Center Advisory Committee shall be made by the Mayor of the City of Moorpark, with approval of the City Council, consistent with the adopted Council policy on procedure for appointments. The Committee shall consist of five members, age 60 or older. The Active Adult Center Advisory Committee members shall be residents and registered voters of the City. The term of the appointment shall be for two years. If. a vacancy occurs otherwise than by expiration of a term, an appointment may be made to fill the unexpired portion of the term of office in accordance with Policy 5 of this resolution (Advertising and Appointment Policy for Citizen Appointments to Boards, Commissions and Committees). The appointment for a new two -year term shall occur at the reorgae +zat+onsecond regular meeting of the City Council heldin December of every even - numbered year in accordance with Policy 5 of this resolution. If there are three (3) consecutive, unexcused or excused absences, or five (5) total absences during the term of an Active Adult Center Advisory Committee member, the seat of such member shall be deemed immediately vacant. Vacancies shall be filled in a manner that is consistent with Policy 5. The Active Adult Center Advisory Committee shall conduct itself in an orderly fashion at all meetings and shall follow and obey the standing rules established by the Parks, Recreation and Community Services Department. No member of the Active Adult Center Advisory Committee shall use the title of Active Adult Center Advisory Committee member on any form of communication unless authorized by the Parks, Recreation and Community Services Director and then channeled through the Active Adult Center Advisory Committee for approval. The Active Adult Center Advisory Committee shall not present or purport to represent any position, policy, or direction for the City of Moorpark without the prior approval of the City Council. The Active Adult Center Advisory Committee shall hold monthly meetings at the Active Adult Center at a day and time approved by the Committee at the first annual meeting. Meetings shall be open to all interested participants. The Committee shall annually elect its chair and vice -chair from its appointed members. City staff will attend all meetings and provide administrative support to the Committee. 3. Duties and Responsibilities A. Assist in the selection and planning of activities and programs of interest to seniors, including special events and holiday programs, by bringing forth ideas and suggestions. B. Serve as program host /hostess by encouraging other seniors to participate, assist with activity registration and related program details. Resolution No. 2007 - Page 14 C. Advise Parks, Recreation and Community Services Department staff as to specific and changing needs of participating and non - participating seniors so that appropriate activities may be scheduled. D. Assist with program surveys and evaluations. E. Assist with dissemination of public information of interest to seniors through word of mouth and by actively participating in programs. F. Provide liaisons with various community organizations that offer programs and services to seniors by bringing outside information to the Active Adult Center. G. Discuss and make recommendations to staff as to policies and procedures related to the operation and scheduling of the Active Adult Center. H. Participate in preparation of an annual report to the City Council. 4. Brown Act Compliance The Active Adult Center Advisory Committee is subject to the Brown Act, including notice and agenda requirements. SECTION 7. POLICY 7 — TEEN COUNCIL Purpose The purpose of the Teen Council shall be to investigate and make recommendations to City staff on recreational programming and other matters of concern to Moorpark teens, and such other duties and functions as may be specifically assigned to the Teen Council by the City Council. 2. Goals To encourage young residents to actively participate in the operations of their City government in a positive and productive manner. To provide a mechanism which facilitates communication and a spirit of involvement by youth in City government. To provide a learning experience for Teen Council members that is conductive to leadership growth. 3. Membership and Organization ()()()0�9 Resolution No. 2007 - Page 15 All appointments to the Teen Council shall be made by the Mayor of the City of Moorpark, with approval of the City Council, consistent with the adopted Council policy on procedure for appointments (Policy 5). The Teen Council shall consist of no less than seven (7) and no more than eleven (11) members, with a goal of having a minimum of one (1) representative from each grade level from 7th grade to 12th grade. All representatives must be City of Moorpark residents and must be enrolled in school. Special attention should be given to insure that all middle schools and high schools in Moorpark have some representation on the Teen Council. Representatives would typically be limited to not serving more than a total of three years on the Teen Council to allow more teens the opportunity to serve as a Teen Council representative. In addition to the advertisement procedures specified in Policy 5, applications for Teen Council shall be made available at City Hall, Arroyo Vista Recreation Center, Moorpark High School, Moorpark Community High School, Chaparral Middle School, and Mesa Verde Middle School. Teen Council members shall each serve a one (1) -year term commencing on July 1 of each year. If there are three (3) consecutive unexcused or excused absences, or five (5) total absences during the term of a member, the seat of such member shall be deemed immediately vacant. If a vacancy occurs otherwise than by expiration of a term, an appointment may be made to fill the unexpired portion of the term of office in accordance with Policy 5 of this resolution (Advertising and Appointment Policy for Citizen Appointments to Boards, Commissions and Committees). The Teen Council shall conduct itself in an orderly fashion at all meetings and shall follow and obey the standing rules established by the Parks, Recreation and Community Services Department. A meeting quorum shall be defined as a majority of the total appointed members. No member of the Teen Council shall use the title of Teen Council member on any form of communication unless authorized by the Parks, Recreation and Community Services Director and then channeled through the Teen Council for approval. The Teen Council shall not present or purport to represent any position, policy, or direction for the City of Moorpark without the prior approval of the City Council. The Teen Council shall hold monthly meetings with the day, time and location to be determined at the first annual meeting of the Teen Council. Meetings shall be open to all interested participants. The Teen Council shall annually elect its chair and vice -chair from its appointed members. City staff will attend all meetings and provide administrative support to the Teen Council, including establishment of the agenda. 000%�0- Resolution No. 2007 - Page 16 4. Duties and Responsibilities A. Attend all Teen Council meetings and other Teen Council activities. B. Actively participate in at least one Teen Council subcommittee, as approved by the City staff representative to the Teen Council. C. Solicit, receive, and relay to City staff input and suggestions about any matters of concern to the teen residents in Moorpark. D. Participate in publicity and promotional activities of the Teen Council. 5. Brown Act Compliance The Teen Council is submect to the Brown Act, including notice and agenda requirements. SECTION 8. POLICY 8 - CITY COUNCIL STANDING COMMITTEES Standing Committees The City-Council Standing Committees shall be: Budget-and- Finance Affordable- Heus 0 n g/ 3or unity- Deuelapmeet €conom+e Development Public - Work -s Fae-ilities- and-Sotid Waste Transportation and- Streets Public Safety Community and Economic Development Finance, Administration and Public Safety Transportation and Public Works Each committee shall consist of two Council members and a designated alternate. C+ne member- e4AThe Budget and +nar eFinance, Administration and Public Safety Committee shall beconsist of the Mayor Brand Mayor Pro Tempore. This -does --riot prec4ude- bet # the Mayer Mayor aTempore*4am sew+ngan4hiso-o+ +ttee at the - sarne4ime. The alternate shall be the prior Mayor Pro Tempore. The Budget and FiaanceFinance, Administration and Public Safety Committee shall serve as the Mobilehome Hardship Review Panel, along with the mobilehome park owner, in compliance with Section 5.52.140.B of the Moorpark Municipal Code; -h wever; +f the - Mayor 4s net -a 4nember of- the- Budget- and -Fioanc-e Committee -, - therv-he Meb+le�e p Review _Panel-� consist of44e-May©r and the - Mayof Pro Ternpore along - wit"he- b4ehern-e_parl- owner. The Publ ic Safety - Committee shaltcens+st of the Mayer and Mayor -Pro Ten�pore. Resolution No. 2007 - Page 17 2. Committee Appointments With the approval of the majority of the members of the City Council, the Mayor shall make all appointments to Standing Committees of the City Council, including the designated alternate. The appointments shall be made at the first regularly scheduled meeting in January of each odd - numbered year and at the reorganization meeting of the City Council in each even - numbered year. 3. Alternates to Committees To avoid potential Brown Act violations of having more than two City Councilmembers consider an item at the committee level, each City Councilmember should determine: a) pursuant to applicable provisions of the Political Reform Act, if a potential conflict of interest exists (consult with the City Attorney if necessary); b) although there is no conflict of interest under the Political Reform Act, there is a desire to avoid an appearance of conflict; or c) if for other reasons a decision is made not to participate. If a Councilmember should so determine /decide not to participate, then that City Councilmember shall contact the designated alternate to serve in his /her place for that item. If the City Councilmember determines /decides not to continue participating after having been involved in Committee discussions of a specific item, he /she should contact the City Attorney to determine if the alternate can serve on the Committee for that item. If an alternate has a conflict or otherwise is not available, the Mayor shall serve or request another City Councilmember to serve. 4. Ad Hoc Committee Items shall be assigned to Standing Committees whenever possible. If not so assigned, at the Mayor's discretion, an Ad Hoc Committee shall be formed. Ad Hoc Committees are not generally subject to the provisions of the Brown Act unless composed of members other than less than a quorum of the legislative body. 5. Assigned Staff Budget-apd Financ-e -- Finar� -e- Greeter Affordable HousirqiCcmmun4)� Development— Community-- Develop em Director Economic - Development -- Aasistarrt- Qty-AAaRager Pub4c Works facilities and Solid Waste - -City Eng neeripub1ic Works D fe, for n, Transpedat{GR -and Streek,, -- `4y.- EnniReer /Caiihli�_W�Jf�S DiFeC-t-or Publ+c Safety-- -Ass+staat- City aRager Community and Economic Development Committee Staff: Community Development Director Resolution No. 2007 - Page 18 Finance Administration and Public Safety Committee Staff: Assistant City Manager Transportation and Public Works Committee _ _Staff : City Engineer /Public Works Director The City Manager may designate an alternate and /or substitute as determined necessary. 6. Meeting Schedule A regular meeting schedule for Standing Committees shall be approved by minute action of the City Council at the first regularly scheduled meeting in January of each year. 7. Agenda and Reports out of Committee The assigned staff person to a Council Committee will prepare an agenda for the Committee meetings. In addition, the staff person will provide action minutes in the form of an annotated agenda to the full Council within seventy -two (72) hours of the Council Committee meeting showing the Committee's recommendation. Concurrence with the staff's recordation of Committee recommendations) to the full Council will be completed prior to the adjournment of the Committee meeting in order to accurately report to the full Council via the action minutes. Action minutes will not be formally approved by the Committee. 8. Committee Assignments The City Manager shall maintain a list of specific assignments for each Standing Committee. The list shall be distributed to the Mayor, City Council and City Staff each calendar quarter (January, April, July and October). 9. Items Referred to Committee Items may be referred to Committee from City Council approved objectives; by the Council at a Council meeting; by staff; or by an individual Councilmember. 10. Items Referred to the Full Council from Committee A consensus of the Committee is required to send an item back to the full Council. A consensus relative to a recommendation on the item need not have been reached. SECTION 9. POLICY 9 - PROCESS FOR PREPARATION OF INITIAL DRAFTS OF ORDINANCES BY CITY DEPARTMENTS (If the draft ordinance is initiated by the 0001 33 Resolution No. 2007 - Page 19 Planning Commission or Parks & Recreation Commission, the process may deviate from that outlined here.) 1. Step One - Staff may confers with the City Attorney at a scheduled meeting after first determining if the City Manager wants to participate. Staff will bring any sample ordinance to the meeting. City Attorney to determine lead time (Step One to Step Six), except when the City Manager determines that staff priorities or Council direction require adjustment of the lead time, but generally a minimum of two weeks in most instances will be required -- possibly longer depending upon the length, complexity of the ordinance and quality of the sample ordinances. Agenda deadlines should be considered in determining lead time. The meeting with the City Attorney shall be scheduled on the first Wednesday afternoon of the month by contacting the Executive Secretary. 2. Step Two Staff confers with City Clerk for codification determination and section number confirmation. 3. Step -Thee - Staff drafts the ordinance for content and format and if necessary reviews with City Manager during the drafting process. 4. Step`Foar - City Manager and City Clerk review draft ordinance. 5. Step -Five — E -mail draft ordinance to City Attorney. 6. Step-&x - City Attorney reviews for content and form; makes changes in legislative format and returns draft ordinance, making comments if required. Management staff, who are authorized by the Department Head, may seek input directly from the City Attorney. 7. Step Seven - Staff reviews changes made by City Attorney, if any, and discusses with City Attorney and City Manager as needed. Meeting with City Attorney to be scheduled on the first Wednesday afternoon of the month. 8. Step Eight _.. Recognize and reconcile differences. If differences cannot be reconciled, talk to the City Manager, if still unable to reconcile differences, write the staff report to recognize the points of disagreement. 9. Step -N4-+e - If needed, schedule the agenda item, and public hearing if required, after City Attorney and City Manager have approved the draft ordinance. SECTION 10. POLICY 10 - TEMPORARY USE PERMIT FEE WAIVERS 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. 0000",q 4 Resolution No. 2007 - Page 20 2. The Community Development Director shall waive a Temporary Use Permit Fee pursuant to this Policy after an eligible organization has submitted: a) a completed temporary use permit application; b) a request for fee waiver; and c) proof of non- profit status. 3. Examples for which Temporary Use Permits are issued are special events such as Christmas tree sales, promotional parking lot sales, church carnivals, Country Days and sidewalk sales. 4. The Temporary Use Permit shall be issued for a single event of less than thirty (30) consecutive days in duration. SECTION 11. POLICY 11 - NON - PROFIT ORGANIZATIONS ANNUAL FACILITY RESERVATION POLICY Once each calendar year, a City of Moorpark organization having a non - profit status, may reserve the Arroyo Vista Recreation Center, of the Moorpark Community Center, or other park facili jy to hold one (1) event with only direct staff costs being charged to that organization. 2. Those events which qualify shall be of a nature whereby the benefit of the event will serve the community and /or involve all those City residents who are interested in this event. Examples for which these procedures may apply include citywide events by Girl or Boy Scouts, service organization events, including fund - raising activities, and special events, such as Country Days, which have a direct benefit to City residents. 3. Regular organizational meetings or activities shall not qualify for this reduced fee. 4. Direct staff costs shall be defined as hourly staff costs, including all personnel benefit costs required for the event. 5. The Parks, Recreation and Community Services Director shall waive the standard rental fees pursuant to these procedures after an eligible organization has submitted: a) A completed Facility Reservation Form; b) a request for fee waiver; and c) proof of non - profit status. 6. One -time events shall further be defined as an event for one day per calendar year, not to exceed twelve (12) hours. 7. City staff shall maintain a record of each organization's request for the one -time- event fee, and shall notify the organization if they have already used their one -time- event option within a calendar year. SECTION 12. POLICY 12 - REFUNDS FOR BUSINESS REGISTRATION t)0W.K S Resolution No. 2007 - Page 21 The City will not issue refunds for business registration permits. SECTION 13. POLICY 13 - FLAG ETIQUETTE The Flag of the United States of America and the Flag of the State of California will be displayed at each municipal facility which has an appropriate flagpole. 2. The National and State Flags are to be displayed daily from the start of the business day through the close of the business day during the normal workweek. Flags may be flown 24 hours per day if appropriately lighted. 3. Flag etiquette allows the flag to be displayed during inclement weather provided it is made of all weather material (such as the flags the City uses). If it rains after raising of the flag, the flag will remain on the pole. If it is raining prior to raising the flag, the flag will not be raised; however, it may be raised later, weather permitting, and remain until close of the business day. 4. Flags will be flown at half -staff when ordered by the President or the Governor of the State as follows: President, 30 days Ex- President or President elect Vice President, the 10 days Chief Justice or Retired Chief Justice of the United States or the Speaker of the House of Representatives Associate Justice of Day of death to day of interment the Supreme Court; a Secretary of an executive or military department; a former Vice President; or Governor of a State, territory or possession. Member of Congress Day of death and day following By order of the President Period to be prescribed 00006 Resolution No. 2007 - Page 22 By order of the Governor; at the death of any local public safety officer killed in the line of duty. Day of death to day of interment 5. Flags will be flown at half -staff from the day of death to the day of interment for any currently seated Member of the City Council, Member of the City Council Elect or any previously seated Member of the City Council, not to exceed 14 calendar days. 6. Flags will be flown at half -staff from the day of death to the day of interment for any currently serving City Manager or City Department Head, not to exceed 14 calendar days. —. 7. Flags will be flown at half -staff from the day of death to the day of interment for any City employee killed in the line of duty. not to exceed 14 calendar days. 8. When a flag is no longer fit for display, it will be destroyed in a dignified way such as by an American Legion Post at Flag Disposal Ceremonies on Flag Day (June 14) each year. 9. It is the responsibility of the Parks, Recreation and Community Services Department or the service contractor of an offsite municipal building (such as City Engineering /Building & Safety) to display the National and State Flags at municipal facilities in accordance with the pamphlet "Our Flag" published by the Joint Committee on Printing United States Congress by authority of House Concurrent Resolution 361, 100th Congress (includes Title 36, Chapter 10 of the United States Code). 10. The City Manager or his designee is to determine at what location(s) flags are to be flown 24 hours and for ceremonial purposes. 11. The flag policy for the City of Moorpark Police Services Center shall be consistent with Nos. 1 through 10 of Council Policy 14 and will also include the following provisions: A. Flags may be flown at half -staff and for the same length of time as followed by the Ventura County Sheriff's Department (Sheriff), consistent with other facilities managed by the Sheriff, so long as the Sheriff's Department is a tenant at the Police Services Center; and B. Flags may be flown at half -staff and for the same length of time as followed by the California Highway Patrol (CHP), consistent with other facilities managed by the CHP, so long as the CHP is a tenant at the Police Services Center. SECTION 14. POLICY 14 - CONFLICT OF INTEREST APPRAISAL fJ000 Resolution No. 2007 - Page 23 Conflict of Interest Appraisals shall be allowed to provide proof and rebut the presumption that the financial effect of a governmental decision on real property, in which a public official has an economic interest, is presumed to be material (Section 18705.2 of Title 2, Division 6, California Code of Regulations), as provided below: A. Two conflict of interest appraisals shall be allowed per year per Councilmember if real property in which a Councilmember has an economic interest is the subject of a City Council decision or if any part of that real property is located within 500 feet of the boundaries (or proposed boundaries) of the real property which is the subject of the governmental decision. B. One conflict of interest appraisal shall be allowed per year per Planning Commissioner, if real property in which a Planning Commissioner has an economic interest is the subject of a Commission decision or if any part of that real property is located within 500 feet of the boundaries (or proposed boundaries) of the real property which is the subject of the governmental decision. C. One conflict of interest appraisal shall be allowed per year per for the City Manager, if real property in which the City Manager has an economic interest is the subject of a City government decision or if any part of that real property is located within 500 feet of the boundaries (or proposed boundaries) of the real property which is the subject of the governmental decision. D. One conflict of interest appraisal shall be allowed per year for the Community Development Director, if real property in which the Community Development Director has an economic interest is the subject of a City government decision or if any part of that real property is located within 500 feet of the boundaries (or proposed boundaries) of the real property which is the subject of the governmental decision. 2. The amount of funding for conflict of interest appraisals shall be a budgetary consideration determined during the budget process as the Council looks at actual projects that are likely to be considered during the following fiscal year. SECTION 15. POLICY 15 — PRE - QUALIFICATION OF BIDDERS City Program The City Manager shall cause to be prepared, the City of Moorpark Bidder Pre - Qualification Program (herein "City Program "). The City Program shall set forth guidelines and procedures related to the pre - qualification of bidder for Projects as defined herein. The City Program shall be consistent with the requirements of a) Sections 1103, 4107 and 20101 (AB574) of the Public Contracts Code and statues 000fja's Resolution No. 2007 - Page 24 amendatory or supplementary thereto, and b) the bidder pre - qualification model documents promulgated by the State Department of Industrial Relations (herein "DIR "). The City Program shall be maintained and updated as needed, by the City Manager or his /her designee. 2. Applicability All construction projects with an estimated construction cost exceeding one million dollars ($1,000,000.00) (herein "Project ") shall require the pre - qualification of bidders. To that end, the bidding documents for all Projects shall include provisions for the pre - qualification of bidders in a manner consistent with the procedures and requirements set forth in the City Program. Notwithstanding the above, certain exceptions to these requirements may be authorized as follows: A. The City Manager may waive bidder pre - qualification for any Project, provided a report is forwarded to the City Council at least ten (10) days prior to the Notice Inviting Bids, stating the reasons for, and /or the benefits resulting from, such a waiver; and B. The City Council may waive these requirements for any Project. 3. Project Specific Program vs. Annual Program The DIR "model documents" describe two separate programs: a) one for "project specific" bidder pre - qualification; and b) one for an annual bidder pre - qualification process. The City Program shall set forth a project specific bidder pre - qualifications process. However, should it be determined by the City Manager that it would be in the best interest of the City to administer an annual bidder pre - qualifications process for a number of Projects, the City Program shall be modified for such purpose, provided all such revisions and modifications are consistent with the requirements of the DIR model documents. 4. Evaluation Committee Pre - qualification packages shall be reviewed and scored by an Evaluation Committee. The Evaluation Committee for each Project or annual process shall consist of one (1) to three (3) staff members or consultants retained for such purpose, as determined by the City Manager or his /her designee. 5. . Appeals Panel The Appeals Panel shall consist of one or more staff members or consultants retained for such purpose, as determined by the City Manager, provided that no member of the Evaluation Committee shall sit on the Appeals Panel. Further appeal shall be to the City Council in accordance with Section 2.04.080 of the Municipal Code. 000039 Resolution No. 2007 - Page 25 SECTION 16. POLICY 16 — HARASSMENT IN THE WORKPLACE Purpose To provide guidelines for employees and volunteers to prohibit and prevent unlawful harassment in the workplace and to define procedures for reporting and investigating alleged incidents of unlawful harassment. This policy shall cover sexual harassment as well as all other forms of unlawful harassment as described herein. 2. Policy The City is committed to providing a work environment that is free of unlawful harassment. In keeping with this policy, the City strictly prohibits harassment of any kind, including harassment on the basis of race, religion, color, national origin, ancestry, mental or physical disability, medical condition, marital status, sex, age, sexual orientation, or any other characteristic protected under federal law, state law or local ordinance. The policy prohibits harassment by any City personnel including managers, supervisors, and non - supervisory employees or volunteers. No manager or supervisor shall use his /her authority to solicit sexual favors from others. In enforcing this policy, the City strictly prohibits unlawful harassment of employees or volunteers in any form including verbal, physical, and visual harassment. Some examples of these types of harassment are: Verbal harassment which may consist of jokes, epithets, slurs, name calling, negative stereotyping; unwelcome remarks about an individual's body, color, physical characteristics, appearance or talents; questions about a person's sexual practices; and patronizing terms or remarks that relate to a protected characteristic; Physical harassment can include physical interference with normal work, impeding or blocking movement, assault, unwelcome physical contact, staring at a person's body, and threatening, intimidating or hostile acts that relate to a protected characteristic as set forth above; Visual harassment may involve offensive or obscene photographs, calendars, posters, cards, cartoons, drawings and gestures; display of sexually suggestive or lewd objects; unwelcome notes, letters, or e-mail; and any other written or graphic material that denigrates or shows hostility or aversion toward an individual that is placed on walls, bulletin boards, or elsewhere on the City's premises or circulated in the workplace. In addition to the above forms of unlawful harassment, sexual harassment may also include, but is not limited to, making unwelcome sexual advances 000040 Resolution No. 2007 - Page 26 and requests for sexual favors, and any other verbal or physical conduct of a sexual nature by fellow employees, volunteers, or supervisors when: A. Submission to such conduct is made an explicit or implicit term or condition of employment; B. Submission to or rejection of such conduct by a individual is used as the basis for employment decisions (promotion, retention, performance appraisal, work assignment, etc.) affecting the individual; or C. Such conduct has a purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. No manager or supervisor shall use his /her authority to solicit sexual favors from others. It is the impact of the harassment, not the intent that counts. In determining whether conduct was unwelcome, the perspective is that of the person who feels harassed. The behavior is still considered unwelcome when the person consented to the conduct in order to avoid adverse treatment. Any form of retaliation against any person reporting a claim of harassment or otherwise participating or assisting in any investigation of a harassment claim is expressly prohibited and will be considered a violation of this policy. 3. Procedures A. Filing Complaint. If a City employee or volunteer believes he or she has been harassed by another City employee, volunteer, contract City employee, vendor, appointed or elected official, or any other person, in violation of this policy, the affected employee or volunteer should promptly report the facts of the incident and the names of the individuals involved to his or her immediate supervisor, Department Head, Human Resources Division staff (Administrative Services Director or Human Resources Assistant/Analyst), or directly to the City Manager. If the harassment complaint involves the City Manager, the affected employee or volunteer, or the supervisor that receives the complaint, should promptly report the facts of the incident to the Administrative Services Director, who will then forward the complaint to the City Attorney and City Council. If the Administrative Services Director is unavailable for more than a day, the complaint shall be reported to the Human Resources Assistant /Analyst, who will then forward the complaint to the City Attorney. 000041. Resolution No. 2007 - Page 27 An employee or volunteer who believes he or she has suffered retaliation for reporting any violation of this policy or otherwise participating in any investigation should immediately bring such facts to the attention of the Human Resources Division staff or directly to the City Manager. B. Investigation. Supervisors and managers must immediately report any claims of unlawful harassment to the Human Resources Division staff and /or directly to the City Manager. The Human Resources Division staff shall coordinate a prompt, objective, and thorough investigation of any such complaints, after consultation with the City Attorney. At the conclusion of the investigation, the City Manager will make a determination if any individual has violated the prohibition against unlawful harassment. If the complaint includes the City Manager, the City Council will make the determination if any individual has violated the prohibition against unlawful harassment. C. Confidentiality. An investigation related to a complaint under this policy will be conducted with confidentiality and respect for the rights of all individuals involved. Information related to the investigation will be provided on a need - to -know basis only. D. Corrective Action. The City does not tolerate unlawful harassment of any kind. The City Manager shall take appropriate corrective action whenever such harassment is determined to have occurred. For employees, the corrective action taken shall be remedial and disciplinary in nature and will be commensurate with the severity of the offense. The disciplinary action shall be designed to prevent further unlawful harassment and may include termination. E. Documentation. All corrective actions taken shall be documented by the Human Resources Division and /or City Attorney. The documentation shall include a summary of the investigation and an explanation of the appropriateness of the corrective actions. All harassment related investigation files shall be retained by the City Attorney's office until such time as file destruction is approved by the City Council in accordance with records retention requirements. F. Notification to Complainant. 1) The complainant will be informed by the Human Resources Division staff or City Attorney's office that action has been taken. 2) The Human Resources Division staff or City Attorney's Office will instruct the complainant to immediately report recurring or continuing harassment. ()()()940260 Resolution No. 2007 - Page 28 3) When recommended by the City Attorney's office, the Human Resources staff shall request the complainant to sign a form acknowledging the following: (a) The complainant has been informed that corrective action has been taken; and (b) The complainant has been informed to immediately report the continuation or recurrence of harassment. G. Unwarranted Harassment Complaint or False Accusation. A record of a harassment complaint brought in good faith will not be included in an employee's personnel file if the complaint is found to be unwarranted after conducting an investigation. If a complaint is found to be a malicious false accusation, the employee who brought forth the complaint will be subject to disciplinary action. H. Employee/Volunteer Acknowledgment of Receipt of Harassment in the Workplace Policy. All employees and volunteers shall be required to sign a form on the first day of employment or volunteer work acknowledging the following: I acknowledge receipt of the City of Moorpark Harassment in the Workplace Policy. I understand that it is my responsibility to read and comprehend its contents. If I have any questions, I shall contact my Supervisor or Department Head. SECTION 17. POLICY 17 — WAIVER OF STREET SWEEPING PARKING RESTRICTIONS FOR VEHICLES WITH HANDICAPPED DRIVER LICENSE PLATES OR PLACARD It is the Council's policy that vehicles with handicapped driver license plates or placard shall be exempt from the City's street sweeping parking restrictions. SECTION 18. POLICY 18 — CITY COUNCIL COMMENTS ON DEVELOPMENT PROJECTS BEFORE THE PLANNING COMMISSION It is the Council's policy to avoid any attempt to influence the recommendations or decisions of the Planning Commission. Accordingly, Councilmembers shall refrain from making or submitting comments on a project while the matter is before the Planning Commission and shall instead make such comments at the time of the Council's consideration of the matter as the decision - making body; or in the case of the Planning Commission acting as the final decision - making body, a Councilmember wishing to make comment on the matter may act to call the matter up before the Council on appeal consistent with Section 17.44.090 of the Municipal Code, rather than comment on the matter while it is before the Planning Commission. J Resolution No. 2007 - Page 29 Notwithstanding the foregoing, a Councilmember may make or submit a comment on a matter while it is before the Planning Commission, if the Councilmember does not participate in consideration of the matter when that matter is before the City Council. In such a situation, the Councilmember shall make clear at the time of any comment that the Councilmember is making or submitting such comment as an individual, rather than in his or her capacity as a Councilmember. Additionally, a Councilmember may submit written comments on a project during the CEQA comment period for an EIR, if the Councilmember wishes written responses to be generated by the City to such written comments. If the Councilmember submits such comments, the Councilmember need not refrain from participating in consideration of the project at the Council level, provided that such written comments must be limited to the environmental issues associated with the project. SECTION 19. POLICY 19 - AUTHORIZATION FOR CITY MANAGER TO APPROVE SMALL CLAIMS COURT FILING AND CIVIL COMPROMISE FOR CITY CLAIM AGAINST ANOTHER PARTY HAVING A VALUE NOT TO EXCEED $5,000.00 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 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. SECTION 20. POLICY 20 - AUTHORIZATION FOR THE ISSUANCE AND COUNTERSIGNING OF WARRANTS PURSUANT TO CHAPTER 3.12 OF THE MOORPARK MUNICIPAL CODE Demand warrants shall be issued for payment of operational expenses related to the purchase of goods, services or equipment, and payroll warrants shall be issued to compensate employees for services rendered or to pay for benefits or other related personnel costs. The City Manager is hereby designated to countersign warrants signed by the Mayor or Mayor Pro Tempore in the absence of the City Treasurer. �� U f14 Resolution No. 2007 - Page 30 Any payroll warrant shall be signed by the City Manager, Mayor, or Mayor Pro Tempore, and countersigned by the City Treasurer, City Manager, City Clerk, or City Treasurer designee; however, the City Manager may not countersign his own signature. Any demand warrant shall be signed by the Mayor or Mayor Pro Tempore and shall be countersigned by the City Treasurer, City Manager, City Clerk, or City Treasurer designee, except demand warrants less than or equal to $2:- 506.005,000.00 may be signed by the City Manager and countersigned by the City Treasurer, City Clerk, or City Treasurer designee. In the absence of the City Manager, the City Manager may authorize the City Treasurer to sign and the City Clerk to countersign demand warrants less than or equal to $4;000:0022500_.00. SECTION 21. POLICY 21 - EMPLOYEE, CONTRACT STAFF, AND CONSULTANT LETTERS OF RECOMMENDATION AND BACKGROUND CHECK RESPONSE Given the liability potential related to letters of recommendation and responses to background check inquiries, the Council's policy is that letters of recommendation and background check responses shall be restricted in accordance with this policy. All current or former City employee, contract staff, private contractor, consultant, or other business entity letters of recommendation and testimonials written by a City employee, contract staff, or City Council appointee (including but not limited to Planning Commissioners. and Parks and Recreation Commissioners, and Arts Commissioners), and pertaining in any way to the business of the City, must be approved by the City Manager or his /her designee. Prior to any staff response to a background check inquiry for contract staff, private contractor, or a consultant, the Administrative Services Director or City Manager approval is required. All background check inquiries for current or former City employees shall be directed to the City's Human Resources Division staff for response. City Councilmembers shall contact the City Manager prior to providing any letter of recommendation for a current or former City employee, contract staff, private contractor, and /or consultant, to ensure that such Councilmember is made aware of any liability and /or human resources related concerns. SECTION 22. POLICY 22 - EMPLOYEE ANNIVERSARY RECOGNITION PROGRAM The City Manager shall have the authority to approve an Employee Anniversary Recognition Program for regular and management employees consistent with the dollar limits set forth in this policy. All years of service will be calculated on a cumulative basis and will not include unpaid leave of absence time. 5 Years of Full -Time Service: Award gift not to exceed $100.00. Resolution No. 2007 - Page 31 5 Years of Part-Time Service 10 Years of Full -Time Service 10 Years of Part-Time Service: 15 Years of Full -Time Service 15 Years of Part-Time Service: 20 Years of Full -Time Service 20 Years of Part-Time Service 25 Years of Full -Time Service: 25 Years of Part-Time Service: 30 Years of Full -Time Service: 30 Years of Part-Time Service: 40 Years of Full -Time Service 40 Years of Part-Time Service Award gift not to exceed $50.00. Award gift not to exceed $300.00. Award gift not to exceed $200.00. Award gift not to exceed $500.00. Award gift not to exceed $350.00. Award gift not to exceed $750.00. Award gift not to exceed $450.00. Award gift not to exceed $1,000.00. Award gift not to exceed $550.00. Award gift not to exceed $1,200.00. Award gift not to exceed $650.00. Award gift not to exceed $1,400.00. Award gift not to exceed $750.00. SECTION 23. POLICY 23 -CITY PAYMENT FOR EMPLOYEE RECOGNITION AT THE TIME OF RETIREMENT FROM THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) Regular and management employees with five or more years (60 plus months) of full -time equivalent service with the City of Moorpark will receive a contribution from the City to be used towards a retirement 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, 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: $250.00 for 60 to 119 months of full -time equivalent service. 0 001A1 i Resolution No. 2007 - Page 32 $500.00 for 120 to 179 months of full -time equivalent service. $750.00 for 180 to 239 months of full -time equivalent service. $1,000.00 for 240 to 299 months of full -time equivalent service. $1,250.00 for 300 or more months of full -time equivalent service. SECTION 24. POLICY 24 - CELLULAR TELEPHONE Cellular telephones (cell phones) are a necessary expense for City Councilmembers, to ensure the Council is readily accessible to deal with City business. Monthly reimbursement for City Council cell phones shall be the base monthly cell phone contract amount, not to exceed $70.00 dollars per month. In addition to the monthly allowance, the City shall reimburse each Councilmember up to a maximum of $125.00 every two years upon submittal of an invoice showing proof of payment for a new cell phone. Each Councilmember shall obtain a cell phone service with no less than nationwide access, unlimited mobile to mobile and unlimited night /weekend minutes, aid voice mail and paging capabilities` and a local 805 area code. To receive reimbursement for the monthly base service, each Councilmember shall complete a reimbursement form provided by the Finance Director and attach the portion of their monthly bill which identifies the base monthly charge. Information on calls made and received should not be included with the reimbursement form. The reimbursement request must be submitted to the Finance Director no later than 30 days following the date of the cell phone service invoice to obtain reimbursement._ City Councilmembers would be eligible for additional cell phone use reimbursement for costs exceeding the $70.00 dollars per month due to increased cell ohone usage during a City declared emergency, and for the additional cost required to res and to the business of the City while travelin_ gout of the country.To receive additional cell phone use reimbursement, for either of the two qualifying reasons, a reimbursement form along with_ supporting documentation must be submitted to the Finance Director The City Manager may approve a monthly cell phone allowance of 345.00 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 monthl_allow_ance and the cell ohone acquisition reimbursement. Cell Phone reimbursement provisions for Manage _Rent employees are addressed in the Cites Management Benefits resolution. 00091),111 1 Resolution No. 2007 - Page 33 SECTION 25. POLICY 25 — PARK NAMING 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. SECTION 26. POLICY 26 — ACCOUNTS RECEIVABLE COLLECTION The City of Moorpark has the need to issue invoices for various types of services such as, but not limited to, false alarms, rent for City owned facilities, grant reimbursements, not sufficient funds (NSF) checks and emergency response (DUI and property damage). The City's Accounts Receivable Collection Policy shall be as follows: The first notice to a debtor of an amount due is the issuance of the City of Moorpark invoice. 2. Past due accounts will be sent a past due statement at 30 and 60 days by the Finance Department. A one -time penalty fee in the amount of ten percent (10 %) and a ten percent (10 %) annual finance charge shall be added each month to any fee imposed in the event the fee is not paid within thirty (30) days after the billing date. The 60 -day notice will state that the account will be turned over to a collection agency unless it is immediately cleared by the date specified. A. Where appropriate, debtor contact by telephone will be used during the collection process. The date and discussion will be noted on internal records. B. If the debtor responds, the Finance Department will make every effort to work out a solution for payment. (such as an installment plan for larger amounts due). tf0WAS Resolution No. 2007 - Page 34 C. If the account is paid off or cleared by other means, the correspondence will be retained in the Finance Department customer files for such time period as required by applicable law. 3. When Finance has exhausted regular means of collections, accounts will be turned over to a collection agency in a final attempt to collect before the invoice is adjusted. Documentation required for the collection agency must include a copy of the original invoice or a list of charges. Other available information such as address and driver's license number will also be sent to the collection agency, if available. 4. Finance will send a Final Notice to the debtor noting that the account will be turned over to an appropriate external collection agency and collection costs may be charged if arrangements to pay are not made within 15 days. Note: If additional charges appeared for an account that has already been turned over to a collection agency, the new final notice should be for the same collection agency. 5. If the collection agency is not successful, further action will be considered as follows: A. Amounts between $500 and $5,000 will be presented to the City Manager for review and possible filing of a small claims court action, which may be instituted without further Council approval. B. Amounts in excess of $5,000 will be presented to the City Attorney by the City Manager for review and possible legal action, which may be instituted without further Council approval. 6. The Finance Department will keep the City Manager informed of any collection issues as part of the monthly report process. Should adjustments be necessary, after all attempts have been made to collect and the Finance Director has determined that it is not cost effective to continue with the collection process, he /she has the authority to authorize up to $100 per adjustment. A report of any adjustments authorized by the Finance Director shall be provided to the City Manager on a monthly basis. Any amount over $100 up to $1,000 may be approved for adjustment by the City Manager. A report of any adjustments made by the Finance Director and City Manager shall be provided to the City Council on a quarterly basis. Any amount over $1,000 must be presented semi - annually to the City Council for consideration of an adjustment or other action. Documentation of all adjustments will be kept in a separate file for year -end audit purposes. 7. Each department will be immediately informed, in writing, by the Finance Department of NSF check issues each time an NSF check is received. Backup documentation showing the name, date and type of service that the NSF check covered will be sent to the respective department. It will be the responsibility of Resolution No. 2007 - Page 35 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 check is collected. Only cash, cashier's check or money orders will be accepted as payment to satisfy NSF checks. SECTION 27. POLICY 27 — FIRST -TIME HOME BUYER AFFORDABLE HOUSING PROGRAM Periodically, the City and /or the Moorpark Redevelopment Agency 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; and establishes the requirement that upon resale the affordable dwelling unit is sold to a City /Agency 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. Home Buyer Qualification Guidelines • 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) • First time home buyers (no previous home or mobilehome ownership) • First priority for City of Moorpark residents who have lived in the City of Moorpark for no less than one year prior to advertisement ref Program application deadline (Category 1) • Second priority to people who have worked within the City of Moorpark for no less than one year prior to Program application deadline_ Cate or 2 • Third priority all others (Category 3) • Five percent (5 %) minimum down payment, based on sales price (No more than two percent (2 %) of affordable sales price may be a qualified gift with remainder from borrower's own funds; under certain circumstances, down payment assistance loan, not to exceed one percent (1 %) of affordable sales price, with four percent (4 %) from borrower's own funds.] • Non - occupant co- borrowers are not allowed 000's j Resolution No. 2007 - Page 36 2. Selection Process • Advertisement of program and orientation meetings on City Home Page, City government channel, and distribution of a press release and other means as determined by the City Manager • Mandatory attendance of all interested buyers at an orientation meeting. • Pre - screening applications offered at orientation meetings • Neighborhood Housing Services of America (NHSA) or other City- approved underwriting guidelines to be used, subject to additional City requirements • Home Buyer Education required prior to purchase, and post - purchase home owner workshops (foreclosure intervention, predatory lending, etc.) required after close of escrow • A public lottery drawing shall be conducted for each of the three c- tege�ies , follow by CateQory 2- etc-+. residential development with affordable units. Applicants may participate in the lottery process for more than one development. Each lottery will consist of three "mini - lotteries" for the three priority categories listed in Section 1 of this policy. Categories will be exhausted before moving to the next category (Category 1 first, followed by Category 2, followed by Category 3). 3. First -Time Home Buyer Affordable Housing Program Participant Exclusion List • Moorpark City Council, Moorpark Planning Commission, and Moorpark Parks and Recreation Commission • Mayor and City Council appointees including but not limited to Air Pollution Control District Advisory Committee, Area Housing Authority, Public Art Advisory Committee, Senior Center Advisory Committee, Area Agency on Aging, Citizens Transportation Advisory Committee, and Teen Council • All City employees in non - competitive service (management positions) • Financial institutions participating as lenders for the Home Buyer Program • Developers and Developer's General Contractor(s) for specific projects they developed or constructed that contain 1 or more affordable units • City contractors involved with City /Moorpark Redevelopment Agency First - Time Home Buyer Affordable Housing Program and affiliates of these City contractors, as determined by the City Manager on a case -by -case basis, which may include title and escrow companies, contractors, subcontractors, subsidiaries, partnerships, and affiliates of these City contractors; • Family members 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 t�43(: t.ia1 Resolution No. 2007 - Page 37 including the requirement for the filing of a Declaration of Domestic Partnership with the Secretary of State. 4. Housing Pricing: • Initial Sale Price: Units will be priced based on Affordable Housincl Cost for the family size appropriate to the unit Section 50_052.5 b -c and __h . regardless of size of actual household- () 3 bedroom unit priced for a household of 4 0 4 bedroom unit priced for a household of 5 Resale Price — Resale price for affordable units will be based on A_ ffordable 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.) 5. City Manager Signature Authority The._City Manager is authorized to execute all affordable housing project deferred loan agreement and repayment documents for all affordable housing projects for which the City will own an equity share. SECTION 28. POLICY 28 — CROSSING GUARD WARRANT The warrant for the provision of a Crossing Guard at a roadway intersection in the City of Moorpark is a minimum of five (5) elementary school -age (Kindergarten through fifth grade) pedestrians per hour. SECTION 29. POLICY 29 — ETHICS TRAINING FOR CITY COUNCIL, PLANNING COMMISSION, AND PARKS AND R €Cf €AT4 N COMMISSION. All City Councilmembers, Planning Commissioners, afld - Parks and Recreation Commissioners, Arts Commissioners, and any other member of the legislative body (as defined by Government Code Section 54952) that receives any type of compensation, salary, or stipend or reimbursement of expenses, shall attend ethics training within twelve (12) months of assuming office and receive no less than two (2) hours of said training within two (2) years of assuming office and every two (2) years thereafter. as required by Government Code Section 53235 et seg.- 4exce"fnerebef -whose -ter+! of office ends be we January I, 2007. All City management staff shall be required to either attend ethics trainingscheduled by the City Clerk. or complete authorized Internet training ^and obtain a certification of completion once every odd numbered calendar year. In addition to City management staff, the City Manager may designate other City_ employees and/or contract staff that will also be required red to attend ethics training. Resolution No. 2007 - Page 38 In January of every year, the City Clerk shall provide the City Council, Planning Commission, and Parks and Recreation Commission, and Arts Commission with information on training available to meet the requirements of this policy and applicable state law. Within the first three months of each odd numbered year, the City Clerk shall schedule group ethics training and will invite the members of the City Council, all Commissioners. all City Management staff, and all other City Manager designated employees and contract staff to attend. Any member of the City Council, Commissioner, management _employee, designated employee, or designated contract staff unable to attend the scheduled group ethics training shall be required to complete other ethics training_that complies with requirements of Government Code Section 53235 et sea. The City Clerk shall maintain a record of completion on the required ethics training_ for each person, consistent with applicable state law. SECTION 30. POLICY 30 - 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 directed to contact the City's Human Resources /Risk Management Division for assistance in documenting and resolving their complaint. SECTION 31. POLICY 31 — CITY PUBLIC SIDEWALK MAINTENANCE AND REPAIR 1. Inspection: All public sidewalks shall be inspected at least once per year. 2. Maintenance: All public sidewalks shall be maintained in good condition. 3. Repair: Any sidewalk defect causing a vertical separation of three - quarters of an inch (3/4 ") or greater shall be repaired. Repair may include any appropriate methods as determined by the Public Works Department, including but not limited to grinding or sidewalk replacement. Efforts should be undertaken to remove or (P0()f.i 3a Resolution No. 2007 - Page 39 minimize the possibility of a reoccurrence of the sidewalk problem caused by tree roots. SECTION 32. POLICY 32 - WASTE REDUCTION AND RECYCLED - CONTENT PRODUCT PROCUREMENT PRACTICES The City of Moorpark shall purchase and use reusable, recyclable, and recycled products whenever possible to the extent that such use does not negatively impact health, safety, economic constraints, performance standards or operational efficiency. 2. When approved by the City Manager, a not -to- exceed ten (10) percent price preference may be given to qualified products that are reusable, recyclable, or made from recycled material. 3. Recycled paper shall be used for products that are highly visible to the public, including letterhead, copy paper, and business cards. 4. When recycled products are used, reasonable efforts shall be undertaken to label them to indicate that they contain recycled materials. 5. All City staff shall practice waste reduction procedures, such as duplex copying, avoiding excess packaging, and minimizing use of disposables (toner cartridges, kitchen supplies, etc.). 6. Each City department shall examine purchasing requirements and maximize use of products that are durable, reusable, recyclable, and made from recycled feedstock. Such products could include office supplies, compost, motor oil, paint, tires, and construction materials. 7. Contractors and consultants bidding to provide products or services to the City should demonstrate compliance with the City's purchasing and waste reduction practices to the greatest extent possible. 8. The City shall develop conditions of approval for new residential and commercial construction that will provide adequate space for recycling activities. Conditions shall also be developed that encourage use of recycled building materials and maximize opportunities for the recycling of demolition and construction materials. 9. The City shall investigate joint purchasing opportunities with other local governments as a way to maximize economic benefit to all jurisdictions. 10. Staff from the Finance Department and Parks, Recreation, and Community Services Department shall meet annually to review purchasing practices and shall propose any identified changes to the City Manager for possible adoption and implementation. Resolution No. 2007 - Page 40 SECTION 33. POLICY 33 — AMERICANS WITH DISABILITIES ACT GRIEVANCE Purpose This policy has been created to comply with the Americans with Disabilities Act (ADA), 28 Code of Federal Regulations Part 35.107. This policy provides a procedure to be followed to respond to individuals, or a specific class of individuals, who believe they have been subject to discrimination on the basis of disability by the City, not including employment related discrimination complaints. The Competitive Service employees of the City of Moorpark are subject to the grievance procedures contained in the City Council adopted Personnel Rules, and all other City employees are subject to the discrimination complaint grievance procedures adopted in a City Manager approved administrative procedure. 2. Authority This policy has been adopted by the City Council for use in all departments. 3. Definitions The following terms are used in this policy: A. ADA: Americans with Disability Act of 1990. B. ADA Coordinator: Responsible employee with a working knowledge of the requirements of ADA and designated to coordinate the City's efforts to comply with and carry out the City's ADA responsibilities. The Administrative Services Director is the ADA Coordinator for the City of Moorpark. C. CFR: Code of Federal Regulations. D. TDD: Telecommunications Device for the Deaf. 4. Confidentiality The ADA Coordinator maintains confidentiality with regard to complaints, consultations, mediations, and records, unless disclosure is notwithstanding the requirements of litigation and court proceedings. If the disclosure of information to another person is necessary to proceed with an investigation, the complainant or their designated representative will be advised first and consulted on whether and /or how to proceed. 5. Retaliation Retaliation against a person who files a complaint of discrimination or harassment, participates in an investigation of such a complaint, or opposes an unlawful Resolution No. 2007 - Page 41 employment practice is prohibited by Federal and State law and City policy. Anyone who believes she or he has been retaliated against for filing a complaint of discrimination or harassment is encouraged to report the retaliatory actions to the ADA Coordinator. 6. Complaint Procedure This procedure is established to meet the requirements of the Americans with Disabilities Act of 1990. This procedure shall be liberally construed to protect the substantial rights of interested persons, to meet appropriate due process standards, and to assure compliance with the ADA. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City. The City's Personnel Rules govern employment - related complaints of disability discrimination for Competitive Service Employees. A City Manager approved administrative procedure shall govern employment - related complaints of disability discrimination for all other employees. All other discrimination complaints pertaining to compliance with the ADA should be in writing and contain information about the alleged discrimination, such as the name, address, and phone number of the complainant, and location, date, and description of the problem. Alternative means of filing a complaint, such as a personal interview, use of a TDD, or a tape recording of the complaint, will be made available for persons with disabilities upon request. A non - written complaint will only be accepted for disability accommodation. The complaint should be submitted by the grievant and /or his /her designee as soon as possible, but no later than 60 calendar days after the alleged violation to: Administrative Services Director, ADA Coordinator City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Within 15 calendar days after receipt of the complaint, the ADA Coordinator or her /his designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the ADA Coordinator or her /his designee will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio recording. The response will explain the position of the City and offer options for substantive resolution of the complaint. 7. Appeal Resolution No. 2007 - Page 42 If the response by the ADA Coordinator or her /his designee does not satisfactorily resolve the issue, the complainant and /or her /his designee may appeal the decision within 15 calendar days after receipt of the response to the City Manager. Within 15 calendar days after receipt of the appeal, the City Manager or his /her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the City Manager will respond in writing, and, where appropriate, also respond in a format accessible to the complainant, with a final resolution of the complaint. Any appeal of the City Manager's decision would be pursuant to Section 2.04.080 of the City Municipal Code. The file retention period for all written ADA complaints received by the City and responses from the City will be included in the City's Records Retention Schedule. SECTION 34. POLICY 34 — DRUG FREE WORKPLACE POLICY 1. The City's Purpose The City of Moorpark (the "City ") is committed to maintaining -.4 workplace that is free of drugs and alcohol and to discourage drug and alcohol abuse by its employees. The City has a vital interest in maintaining safe and efficient workin conditions for its employees. Substance abuse is incompatible with health, safely, efficiency, and success at the City. Employees who are under the influence of alcohol or who have any illegal drugs in their system. or who abuse legal drugs while conducting or performing City business compromise the City's interests. endanger their own health and safety and the health and safety of others, and can cause a number of other work - related problems. including absenteeism and tardiness_ substandard job performance, increased workloads for coworkers. behavior that disrupts other employees, delays in the completion of work, inferior quality in service and disruption of resident relations. It is important for employees to understand that this Policy governs not only the abuse of alcohol and illegal drugs, but also the use and abuse of legal drucis in the workplace. Employees who find the need to use legal drugs, includingprescri tion and over -the counter drugs, should consult with and must comply with those provisions set forth in this Policy that address such use. To further its interest in avoiding_ accidents, to promote and maintain safe and efficient working conditions for its employees, to protect its business. property. equi ment and operations. and to comply with all federal and state_reauuirements. the City has established this Policy concerning employee use of alcohol and drugs. As a_condition of continued employment with the City. each employeee__must abide_ t yjhis. Polices 2. Definitions {jO f i Resolution No. 2007 - Page 43 For purposes of this Policy: A. Illegal Drugs or Other Controlled Substances: Illegal drugs or other controlled substances means any drug or substance that Q) is not legally obtainable; or ii is legally obtainable but has not been legally obtained; or (iii) has been legally obtained but is being sold or distributed unlawfully. B. Legal _Drugs: Legal drugs means any drug, including prescription drugs and over the - counter drugs, that has been legally obtained and that is not unlawfully sold or distributed. C. Abuse of Any Legal Drug: Abuse of any legal drug means the use of any legal drug (i) for any purpose other than the purpose for which it was prescribed or manufactured: or (ii) in a quantity, frequency, or manner that is contrary to the instructions or recommendations of the prescribing physician or manufacturer_ D. Reasonable Suspicion: Reasonable suspicion means a suspicion that is based on i specific personal observations such as an employee's manner, disposition, muscular movement, appearance, behavior, speech or breath odor; or ii information provided to management by an employee, by law enforcement officials,. by a security service, or by other persons believed to be reliable: or iii a suspicion that is based on other surrounding circumstances_ E. Possession: Possession means that an employee has the substance on his or her person or otherwise under his or her control. F. Safety- Sensitive Employees: As defined by the Code of Federal Regulations LCFR), safety- sensitive employees include those who perform. or may be called upon_to perform, the following safety- sensitive functions: 1.__ Operating a revenue service vehicle, even when it is not in revenue service: 2._ Operating a non - revenue service vehicle when re uired to be operated by a Commercial Driver's License (CDL) holder: 3. dispatch or movement of a revenue service vehicle 4. Maintaining (including inspection, repairs, overhaul and rebuilding) a revenue service vehicle or equipment used in revenue service: or 5. Carrying a firearm for security purposes. Supervisors are considered safety-sensitive only if they perform, or may be called upon to perform, anvof the above _safety -sensitive ... functions. The City has analyzed actual job duties performed (or called upon to perform) of all of its employees and has determined that the following job classifications in alphabetical order) are considered safety- sensitive for the purposes of this policy: Landscape;'Parks Maintenance Superintendent. Maintenance __Supervisor, wo u f:-�h Resolution No. 2007 - Page 44 Maintenance Worker I, Maintenance Worker. II, Maintenance Worker III, Parks and Facilities Supervisor. Public Works Superintendent, Public _Works Supervisor, and Senior Maintenance Worker. 3. The City's Consent for Use of Legal Drugs A. Use of Legal Drugs: The City_ recognizes that it may be necessary for employees to use le acal drugs from time to time. The City also _.recognizes that an employee who is using legal drugs might become impaired by the drug such that the employee's ability to adequately or safely perform is compromised. In order to accommodate employees who might be required to use legal drugs. and to help assure that no serious adverse consequences in the workplace result from such druq use. employees are required to obtain the City's consent and comply with certain disclosure and work- restriction re uirem_ents under the following circumstances. B. When Consent Is Required: Employees who know or should know that their use of legal drugs might endanger their own safety or the safety . of another person, or might pose a risk of significant damage to the City's property, or mi ht substantially interfere with their job performance or the eff icient operation of the Cites business, are obligated to report such drug use to the Administrative Services Director or the City Manager, and to obtain the City_s_ consent to continue working. The City reserves the right to have either a City physician or the employee's own physician determine whether it is advisable for the employee to continue working while taking such drugs. C. Duty to Disclose. Employees who operate or who are responsible in any way for the operation, custody or care of the C, ity's rp operty or for the safety of other employees or other persons, have a dutVto disclose the nature-of their iob duties to any prescribing physician or pharmacist and/or to a_Cjty ysician or pharmacist and to inquire of the physician(s) or pharmacist whether their use of the drugs prescribed might result in the dangers. risks or impairment that this Policy is intended to prevent. D. Restrictions on Work- The City reserves the right to restrict the work activities of qpyemployee who is using legal drugs or prohibit any employee from _worki a entirely while he or she is using legal drugs. E..._Duty._to Refrain from Working: __Each employee using legal drugs has a duty to not report for work while impaired by the drug if such impairment might result in serious harm or damage or might interfere with his or her iob performance. Accordingly, even if an employee has obtained the City's consent to continue working while taking legal drugs. the employee will not be authorized to work while impaired by the use of such druci if the employee knows or has reason to know that working while impaired might endanger the safety of the -em to ee or some other person, pose a risk of significant damage to the City's property, or ()OOG59 Resolution No. 2007 - Page 45 substantially interfere with the employee's job performance or the efficient operation of the City's business. 4. Prohibited Conduct A._..Scope: The prohibitions of this section apply whenever the interests of the Cjty.may be adversely affected, including any time the employee is: 1. On City premises: 2. Conducting or performing City business. regardless of location: 3. Operating or responsible for the operation, custody. or care_ of C_ ity equipment or other property: or 4. Responsible in any way for the safety of other individuals associated with City, including, but not limited to, co- employees. management visitors, residents and vendors. B. Alcohol: _ The following acts. are prohibited and subject an employee to_ discharge-. 1. The unauthorized use, possession, purchase, sale. manufacture, distribution, transportation or dispensation of alcohol -or 2. under the influence of alcohol as defined by applicable state law. C. Illegal_ Drugs: The following acts are prohibited and suOject_an_e_mnloyee to discharge: 1. The use, possession, purchase. sale, manufacture, distribution, transportation, or dispensation of any illegal drug or other controlled substance; or 2. any illegal drug or other controlled substance in-your system_ D. Legal Drugs: The following acts are prohibited and subject an employee to discharge: 1. The abuse of any legal drug; or 2_ The purchase, sale, manufacture. distribution,_ transportation, dispensation, or possession of any legal prescription or over -the counter drug in a manner inconsistent with law_; or 0000GO Resolution No. 2007 - Page 46 3. Working while impaired by the use of a legal drug in violation of Section 3 above-,or 4. Working without obtaining the required consent in violation of _Section 3. above: or 5. Failure to make proper disclosure in violation of Section 3. above. V. Substance Screeninq A. Job Applicants: Job applicants will be required to undergo drug and alcohol testingas a condition of employment with the City. B. Employees: Current employees will be subject to testing if the- 1. Report to work or, while conducting or performing City business regardless of location, are suspected of being intoxicated or exhibiting abnormal behavior or performance difficulties associated with substance abuse: 2. Are involved in a work - related accident_ and exhibit_ indicators of substance abuse; 3. Are subject to federal or state regulatory requirements for random druq or alcohol testing; or 4. Are in safety- sensitive positions or other positions in which _impaired performance could have an adverse effect on the health or safety of the employee, his or her co- employees, other _individuals or the Cif C. Testing: The City may utilize each or all of the following testing methods: 1. Pre- employment testing: 2 Random testing for employees in safety - sensitive positions: 3. Reasonable suspicion testing; 4. Post- accident testing (where the employee exhibits indicators of substance abuse); and 5. Testing authorized or required by federal or state regulations. including Department of Transportation regulations. 5. Disciplinary Action 4100 0G1 Resolution No. 2007 - Page 47 Violation of this Policy by any employee may result in discipline, up to and including discharge, depending on the circumstances and at the discretion of the City. At a minimum, disciplinary mandates for safety- sensitive positions. as required under Title 13 of the California Code of Regulations and Title 49 of the Code of Federal Regulations, will be followed for those individuals in safety- sensitive positions. A. Effect of Criminal Conviction: An employee who is convicted under a criminal drug statute for a violation occurring in the workplace, while conducting or performing City business regardless of location, or during any City - related activity or event will be deemed to have violated this Policy. B. Refusal to Test: Includes circumstances or behaviors such as: 1 . Failure to appear at the collection site in the time allotted; 2. Leaving the collection site before the testing process. is completed: 3. Failure to provide a urine, breath, or saliva specimen as required by CFR_ Part 40: 4. Failure to permit the observation or monitoring of specimen collection when it is required; 5. Failure to provide a sufficient amount . of urine or breath specimen without a valid medical explanation; 6. Failure or refusal to take a second test when re uired: 7. Failure to undergo a medical evaluation when required: 8. Failure to cooperate with any part of the testing process. Example: refusal to sin the testing form when required); 9. Leaving the scene of an accident without just cause prior to_ submitting to a test: or. 10.If the Medical Review Officer (MRO) reports a verified adulterated or substituted test result. Note: A refusal to test shall be treated as a positive test result for the purposes of administration of this Policy and any resulting disciplinary action. 1 1. First Violation: An employee who is not discharged for a first violation of this Policy will receive a final written warning. The City reserves the ri ht to suspend the employee without pay for a period of u to five (_5) business days qt 12. Second Violation: A second violation of this Policy at any time__wdI result in discharge. 7. Criminal Convictions Employees are required by this Policy to notify the City of any conviction under a criminal drug statute for a violation occurring in the workplace while conducting or performing-City business regardless of location, or during any City - related activity or Resolution No. 2007 - Page 48 event, not later than five (5) days after any such conviction. When required by applicable law, the City will notify agencies under contract of any employee who has been convicted under a criminal drug statute for a violation occurring while conducting or performing City business, regardless of location. 8. Unregulated or Authorized Conduct A. Customary Use of Over- the - Counter Drugs: Nothing in this Policy is intended to prohibit the customary and ordinary purchase, sale, use, possession, or dispensation of over - the - counter drugs, so long as such activity does not violate any law or result in an employee being impaired by the use of such drugs in violation of this Policy. B. Off-the-Job Conduct: Nothing in this Policy is intended to regulate off- the -job conduct, so long as the employee's off- the-6ob use of alcohol or legal drugs does not result in the employee being under the influence of or impaired by the use.of alcohol or drugs in violation of this Policy. C. Use of Alcohol or Legal Drugs: The Administrative Services Director will maintain a list of circumstances in which the use or possession of certain leqal drugs or alcohol is authorized (such as certain medicine or drugs maintained in company first -aid cabinets or alcoholic beverages served during certain business meetings or social functions) and will communicate the authorization as ap. ro riate. Changes to the authorization require the prior written approval of the City Manager. Except as otherwise provided in this Policy, nc employee Mgy assume that his or her possession, use, purchase, sale, manufacture, distribution, transportation, or dispensation of alcohol or drugs is authorized unless the employee has been notified in writing by the Citv_Manager. 9. Qualified Disabled Employees A. Commitment to Employ Disabled Individuals: Nothing in this Policy is intended to diminish the City's commitment to employ qualified disabled individuals or to provide reasonable accommodation to such individuals consistent with all federal, state and local laws. As noted in this Policy, however, employees are reauired, under certain limited circumstances. to obtain the Citv's consent to continue working while using legal drugs. B. Reasonable Accommodation: If an employee's use of a legal drug is related to a disgj2 and the employee voluntarily self - identifies as a disabled individual to the City in connection with an effort to determine whether it is advisable to continue working despite the use of the drug, and if it is determined that the employee should not continue to work in his or her regular job while using the legal drug an effort will be made to reasonably accommodate that employee. 10. Confidentiality 0 tau G 3 Resolution No. 2007 - Page 49 Disclosures made by employees to the Administrative Services Director or City Manager concerning their use of legal drugs will be treated confidentially and will only be revealed to Department Heads, managers, or supervisors if there is an important safety related or work - related reason to do so. Disclosures made by employees to the Administrative Services Director, City Manager, Department Head. manager, or supervisor concerning their participation in any drug pr alcohol rehabilitation program will be treated confidentially. Department Heads, managers and supervisors should restrict communications concerning_ possible violations of this Policy to persons who have an important work - related reason to know. 11. Counseling Employees who suspect they mayhave alcohol or drug problems, even in the earl stages, are encouraged to voluntarily seek diagnosis and to follow through with the treatment as prescribed by qualified professionals. Employees who wish to voluntarily enter and participate in an approved alcohol or . drug rehabilitation program _are encouraged to contact the Administrative Services Director or City Manager, who will determine whether the City can accommodate the employee by providing unpaid leave for the time necessary to complete ._participation in the pro ram. SECTION 35. POLICY 35 — TRANSIT SECURITY SYSTEM ELECTRONIC FILE RETENTION PURSUANT TO PUBLIC UTILITIES CODE SECTION 99164 AND GOVERNMENT CODE SECTION 34090.8 Pursuant to subdivision (a) of Public Utilities Code. Section 99164 and Government Code Section 34090.8, the City Council has adopted the following . findings for transit security system_ electronic file retention: The City has made a diligent effort to identify a transit securit _ system that is capable of storing recorded data for one year. 2. technology to store recorded transit security data in an economically and technologically feasible manner for one year is not currently available, and such videotapes or recordings shall be preserved for as long as.the installed technology allows. 3The City is purchasing and installing the best available technology with respect to storage capacity that is both economically and technologically feasible at this time. 4. The transit security videotapes or recordings that are evidence in any claim filed or any pending litigation shall be preserved until the claim or the pending litigation is resolved. 5. The transit videotapes or recordings that recorded an event that was or is the sub ppt of an incident report shall be preserved until the incident is resolved. 000()C-4 Resolution No. 2007 - Page 50 SECTION 36. POLICY 36 — CITY CLERK RECORDS DESTRUCTION APPROVAL AUTHORITY In accordance with Government Code Section 34090.5, and Municipal Code Section 2.16-030.4, the Cif 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. SECTION 37. POLICY 37 — CITY WIRELESS INTERNET NETWORK The City's wireless internet network will be made available at the Moorpark Library. Active Adult Center. City Hall offices and Community Center. and other City facilities. as approved by the _City Manager, for users with portable electronic devices capable of receiving wireless signals. Prior to each use, acknowledgment of a wireless user agreement shall be required. the form of which shall be approved by the City Manager and Cit Attornev. SECTION 38. POLICY 38 - MOORPARK CITY LIBRARY MATERIALS SELECTION t . Mission The-Moorpark City Library_ provides information, lifelong learning. inspiration and enjoyment to people of all ages through reading and technology. This Materials Selection Policy sets guidelines used by the Libras for the selection_ of books and other print and electronic materials. 2. General Governing Factors The selection of materials for the Library is governed by four factors: A. The needs of the individual and of the community. B. The individual merit of each work. C. The existing collection, budget and services of the Library. D. The Library adheres to the Library Bill of Rights and The Intellectual Freedom Statement (copy is available at the Moorpark Library_ Circulation Desk and at the City Clerks office). 3. Principles of Selection A . The Library aims to obtain and make readily accessible materials that fill the cultural, educational and leisure needs of City residents_ B. Materials are selected from a number of sources. The basic consideration for the selection of any item is whether it is of proven _or otential interest to the community served. C. Additional criteria include: Availability and cost of the material ( 00il.str -, Resolution No. 2007 - Page 51 • The amount of similar material already in the collection • The availability of the material elsewhere in the community • The physical makeup of the material • _.Opinions expressed by critics or reviewers • Local interest or demand D. In Selecting Materials to reflect the diversity of the needs and interests of the residents of Moorpark it should be recognized that some materials chosen may be offensive or trivial to some persons while being meaningful or_si nificant to others. The Library does not endorse or agree with all opinions expressed in the materials in the collection. E. Materials shall be made as accessible as possible to the public. The Librar does not serve as censor of the reading of any person. The Library recognizes the importance in an open and democratic society of allowing individuals to form their own opinions on issues and, therefore. acquires materials that m_ay be of a controversial nature. F. Responsibility for the use of Library materials by minors rests with their ap rents or guardians. The selection of materials for the Library will not be governed by the possibility that these materials may come into the possessions of minors. The Library cannot be expected to act in loco parentis. 4. Responsibility for Selection A. The initial responsibility for materials selection lies with the professional staff working within the area of service to children, young adults, and adults. The general public may recommend material for consideration. B. In making selections, Library staff shall do so in a manner based on principle rather than personal opinion reason rather than prejudice, and iudgment rather than censorship. The spirit of selection should be inclusive rather than exclusive. Variety and balance of opinion are sought whenever possible. C. The Moorpark City Representative shall be the City Manager or his /her designee, who shall be responsible for overseeing the development of__the Library collection according to the principles set forth in this oalicv. 5. Placement of Materials in the Library A. The Public has free access to all Library materials consistent with this policy_ B. Placement of materials within the Library is_a professional_ decision. Criteria include: • Assigned Classification • _ Format • Susceptibility to loss or damage Rarity or cost C. The Library labels materials for placement only, not to predispose the user for or against._any materials. f? "W.Wc Resolution No. 2007 - Page 52 6. Bindery Only those materials of local significance. of long -term importance to the collections. or ...heavily used items will be bound or rebound as needed. 7. Gifts Donations of materials or funds to enrich the collection are welcome. Gift materials must meet the same selection criteria as purchased materials. The Library reserves the right to make the final decision on use or disposition of gifts. 8. Withdrawal of Materials Damaged. worn, obsolete sup erseded, or unused items may be withdrawn from the Library__ upon the recommendation of the Library Director and approval of the Moorpark City Representative. Weeding and /or disposal of Library Materials shall be at the discretion of the Moorpark City Representative. Materials determined worthy of re -sale may be released to the Friends of the Moorpark City Library for sale with all proceeds belonging to the City of Moorpark for purposes of the Library. 9. Reconsideration of Materials Persons_ objecting to the content of materials in the Library shall bp invited to state their objection in writing. Any request for reconsideration will be reviewed by the Library Director in consultation with the City Representative. The decision of the Library Director shall be final. SECTION 39. POLICY 39 — MOORPARK CITY LIBRARY INTERNET AND COMPUTER USE AND PATRON AGREEMENT 1. Introduction The Moorpark City Library provides the opportunity for public access to the Internet, which allows individuals of all ages the freedom to explore and expand their knowledge beyond the traditional "walls' of the Library. The followingpalicy governs the use of public computer resources in the Moorpark City Library. including public Internet access, use of computers in the Library's computer lab. non- lnternet_go lip cations. and remote use of the library's computer services. Before using any Internet workstation at the Moorpark City Library, a patron must agree to and.... sin a "Moorpark City Library Internet and Computer Use Policy and Patron Agreement" the "Policy'), the form of which shall be approved by the Citv Manager. In signing for a library card for their children under the age of 18, parents and legal guardians U00oc% Resolution No. 2007 - Page 53 acknowledge that their children will be allowed access to the Internet. The Library will honor requests by parents or legal guardians that their children under the age_ of 18 not be allowed to access the Internet via Library computers. Library patrons that access the City's wireless network while using their_ own wireless capable devices will be required to affirmatively acknowledge a wireless user agreement riot to each use. In signing for a library card for their children under the age of 18, parents and legal guardians will also be asked to acknowledge a wireless network security warning and disclaimer. Internet Content The Internet is an unregulated, global resource that contains materials that some persons may find offensive. While the City of Moorpark will take precautions to regulate internet access by minors on the City's library computers, the City cannot be responsible for anything that any Library user may see or read while in the Library that the user or, in the case of minors, the user's parents, may find offensive. The City cannot be responsible for a_minor_that brings into the library a wireless capable device that permits access to the wireless internet network. The City urges parents to accompany their children while visiting the Library to ensure that their children are safe at all times. 3. Internet Users Internet users are expected to act in a responsible. ethical, and legal manner. Users mgy not use Library computers to access Internet sites that depict or transmit material that violates state and federal law. The Library is not responsible for the content of retrieved information. Library users are responsible for critically evaluating the guality and accuracy of material _obtained from the Internet. Internet filter software is not infallible and even when using filtering tools minors may be exposed to explicit material The Library expressly disclaims and shall have no liability for any direct, indirect. or conseQ u_ential damages related to information obtained from the Internet. All users shall expressly assume the risk of receiving incorrect, inaccurate, defective. fraudulent. or unlawful information while accessing the Internet through any egui mentor service offered by the City of Moorpark. Wireless Internet users must agree to the wireless network user agreement, the wordincl of which shall be approved by the City Manager or his,'her designee, before accessing the Libra s network with their own wireless capable devices. To-protect their privacy, Internet users must log off at the end of their session 4. Internet Access Access on most of the Library computers is filtered as to sexually explicit content. Adult patrons may re guest unfiltered access for themselves and will be assigned an available 00011)GS Resolution No. 2007 - Page 54 computer that does not filter internet access. Children under the age of_18 will have filtered access unless a parent or guardian requests, in writing and in the presence of Library staff. that their child be given unfiltered access and signs a waiver of liability_. Users whose conduct while using public computer systems is disruptive or interferes with the use of the Library by others, will be asked to modify their behavior or. if unable to modify their behavior, . will be asked to leave the Library. The Moorpark City Library reserves the right to revoke or suspend computer rivile es in the case of failure to comply with this policy or the violation of local, state, or federal law. The Library may suspend privileges by a minor without notification to the parent or legal guardian. In addition unlawful activities will be reported to the County Sheriff's department and dealt with appropriatelV. 5. Wireless Network Security Warning and Disclaimer . _ The Moorpark City Library cannot guarantee the safety of data transmitted across its wireless network. • The Moorpark City Library assumes no responsibility for the configurations, security, or changes to personal data files resulting from a connection to the City_network; the safety of equipment (patrons should keep equipment with them at all times): for the availability of a wireless connection (there is no guarantee that users will be able to make a wireless connection). • Library staff do not provide technical assistance of any kind. The City s wireless internet network policy (Policy 37) applies to the Moorpark Cif Library use. All users with portable computers or devices capable of receiving wireless signals will be required to acknowledge they have read the City's wireless network user agreement prior to each use. 6. Rules of Conduct for Internet and Computer Use A. Library workstations are available for one hour per day per user. Library staff may extend sessions if no other patrons are waiting. Staff may designate one or more computers for use as online homework tutoring stations and may allow an exemption from the one -hour rule on any such computer for this use between the hours of 3:00 p.m. and closing Monday through Thursday. B. One workstation will be designated as the "express" computer terminal. This computer will be specifically for quick use and limited to a 15 minutes at a time. C. Use of a workstation is on a first - come /first- served basis. D. , Users must sign up to use a computer on a next-available _basis. ..._ Requests f_or specific computers cannot be honored. E. Only one person at a time may use a workstation. Exceptions may be made at the discretion of Library staff_. F. Printina ma not be available at all workstations. The printin fee shall be set by resolution of the City Council. and customers are not permitted to supply their own paper. Printers may not be used for other purposes or attached to other computers. UOOUG9 Resolution No. 2007 - Page 55 G. _ Users may purchase a compact disk (CD) or USB drive or bring one from home. H. Users are prohibited from interfering with the performance of the network. Users must not reconfigure workstations, -hack" passwords gain entry to closed areas of the network, or introduce computer viruses. Users are responsible for any hardware of software damage they cause. Tampering with hardware or software is considered vandalism and may result in legal action (violation of California Penal Code Section 502 et. se . ). I. Users may not use the workstation for illegal activity, including violating copyright laws or software license agreements. J. Users . may not install their own software programs or attach personal hardware to Library computers. K. Users must not interfere with the work of others and must respect one's right to privp acv. L. _ The Moorpark City Library upholds the right of confidentiality and_privacy for all users1_ however, the Library reserves the right to monitor the use of its Internet services and review any electronic data on the Library's lines (including e-mail communications) if necessary for the proper operation of the Library or to ensure compliance with this Policy and /or local. state, or federal laws. Sign -up sheets for Internet use are not retained as permanent records by the Library. M. Absolute privacy for patrons using electronic resources in the Library cannot be guaranteed. There exists a possibility of inadvertent viewing by other patrons, either bVwatching the user's screen, or because a user may leave the screen unattended. N. The Library does not provide individual e -mail accounts to users; however, users with existing e -mail accounts may access their accounts or users may re ister for free e -mail services available on the Internet. The Library assumes no res onsibilit and shall have no liability for any claim or damage resultin from the _provision of such access to users. O_ Use of the Library's computers is a privilege. Users must end their sessions and leave the workstations when asked to do so by Library staff. 7. Supervising Computer Use by Children T_he public library does not serve in loco parentis (in the place of aparent). Librarians cannot provide constant care and supervision of children as they explore the Internet. The responsiW!gy_for what minors read or view on the Internet rests with parents or guardians. The followNj are recommended guidelines for parents and guardians to ensure that children have positive online experiences, whether at home or at the Library_ Use the Internet as a family.Join your children in Internet exploration. •._ EmIcTe the wide range of available information and tell your children about sites you Lconsic!Q[_ina pqr opriate for them. Provide guidelines for your children on the amount of time they sp end _onlineust as for television viewing. ()00070 Resolution No. 2007 - Page 56 Instruct children NEVER to give out personal information (name, address password, telephone number, credit card number) online. • Teach children to be good online consumers. As with print information1_consider the source, date and accuracy of online information. Parents and children are encouraged to read "Child Safety on the Information_Hig_h) a and "Teen Safety on the Information Highway" available free at any librq� location or at www.safekids.com and www.safeteens.com. 8. Policy May Be Revised The Cif of Moorpark reserves the right to revise this policy from time to time If revised. a copy of the current Policy will be available at the Library Circulation Desk and in the City Clerk's office. All patron use of the Library Internet workstations must be in compliance with the current Policy whether or not a patron has signed or read the reviseddpolicy. SECTION 40. POLICY 40 — MOORPARK CITY LIBRARY CIRCULATION POLICY The following policy governs the terms by which materials may be borrowed from the Moorpark City Library. 1. Library Card Registration Any person residing in California may borrow materials free of charge from the Moor ark City Library-. An person applying for a Moorpark City Library card must show proof of identity and residence. Acceptable identification may be any of the following: • California driver's license • California identification card • Check imprinted with name and address • . Official mail (postmarked with current address) • Current . bill imprinted with name and address • Current monthly rent receipt • _ Tax payment receipt. Children are eligible for a library card as soon as they can print both their first and last names on the applicant signature line. In the event a child is unable to print, and at least 5- years of aqg, parental signature will be accepted. The minor's date of birth is required on the. application,A parent or legal guardian must assume responsibility for materials borrowed bV _a person under the age of 18; therefore, the adult's identification and signature is required for registration of a minor. The Library cannot issue a borrower's card to a minor based on the request and signature of a family member other than the parent, unless that person demonstrates that he or she is the child's legal quardian. ()()()Ui7.. Resolution No. 2007 - Page 57 Once the IibrarV card application is signed, the user agrees to follow the rules and regulations of the Library. New borrowers are limited to borrowing two items on the day the card is issued. When those items are returned, the borrower may borrow with full privileges if in good standing 2. Confidentiality of Library Records California State law (Government Code, Title I. Division 7, Chapter 3.5,_Sections 6254W and 6267 protects the confidentiality of library patrons. Library staff will-always operate in a manner that conforms to the requirements of the law in the handling of patron records and accounts. According to this statute, library staff may not release information to any other party regarding any item borrowed by any other person, including information released to a parent or legal guardian regarding what items their child has checked out. As _permitted _ by the above -cited statute, library staff may release information on a borrower's account to a third party if the borrower has provided a written notice allowing the third party access to the borrower's account information. A borrower may authorize another party to_ pick up and check out materials by sending his or her library card along with the written ree uest or notice with the third party. Demo ra . hic information may be gathered in order to plan Moorpark City Library services. This information is used anonymously and is not disclosed in any way that would identify theperson registering. All information provided on the registration form isorotected, bythe statute cited above. 3. Non- Resident Borrowers Persons residing outside of the State of California may obtain a Moorpark City Library card by paying non - resident fee as determined by resolution of the City Council. Payment of this fee will entitle the borrower to the same borrowing privileges enioyed_ oy all__other_ Library card holders. 4. Loan Periods Reference the Moorpark City Council Resolution adopting a Library Fine and Fee Schedule (a copy of the current Schedule will be available at the Library Circulation Desk) for_detail reec arding loan periods. All items can be renewed once, for a full loan period, unless the item is on hold _for another borrower. Loan periods for inter - library loaned materials will be determined by the lending institution. Certain new and high- demand books and other library materials in the Library's collection will be included in the Library's "Hot off the Press" book collection at the discretion of Library staff. "Hot off the Press" items will be available for a one -week check -out period with no renewals and will not be available for holds. "Hot off the Press" items will be clearly labeled and shelved separate from other materials. c.00 Glf 2 Resolution No. 2007 - Page 58 Reference materials and microforms must be used in the Library and are not available for checkout. These materials may be loaned to other libraries for in- library use one 5. Renewals All items, with the exception of DVDs and "Hot off the Press" books can be renewed once for the standard loan period for the item unless the item is on hold for another borrower. Patrons may renew overdue items provided they pay the fine in total before renewing Cataloged materials may be renewed at the Moorpark City Library Circulation Desk, from any Library computer, via the Internet, or by phone. 6. Number of Items per Library Card Reference the Moorpark City Library Fine and Fee Schedule for details regarding borrowing limitations for specific material. 7. Parental Control of Minors' Access to Video and DVO Materials The Library will honor written requests by a parent or legal guardian that their m inor children not be permitted to borrow anv DVD or video item. 8. Reserves and Interlibrary Loan Holds may be placed to reserve items (excluding "Hot off the Press" books) by completing a hold re uest form on the online catalog. Users will be notified via e -mail or by phone when items a_ re available. Items will be held for one week from the date of_notification _ of the users. Items not owned by the Moorpark City Library may be requested from other libraries by fillinq out an "Interlibrary Loan Request" form on the online library catalog. 9. Overdue, Lost, and Damaged Material Library _users assume full responsibility for the return of materials, in good condition. on or before the due date noted on the receipt. Fines will be charged for each day the Library_is open. Fines vary by item type. Media materials may not be returned in the book drop. A charge per item reference the Moorpark City Library Fine and Fee Schedule) will be assessed if any audiolvideo materials are returned in the book drop. Library users assume full_ responsibility for loss or damage to materials the ccheck out. Damage includes, but is not limited to, torn covers or pages, writing in or on materials, water damage, missing pages, missing pieces, scratched discs, and dirty or damaged cases or damaged parts. Charges for materials lost or damaged beyond repair will be the 00E)07r.3 Resolution No. 2007 - Page 59 price shown in the Library's automated catalog, either the actual cost or a default cost for the type of item plus a processing fee (reference the Moorpark City Library Fine and Fee Schedule), and accrued fines (if applicable). In the cases of unusual circumstances, it will be left to the Library Director under discretion of the City to assess charges for lost or damaged materials other than as specified by the Moorpark City Library_Fine and Fee Schedule. In lieu of aying for a lost item, a patron max replace the lost material with like material of equal or greater guality. The Library Director has final authority to determine the acceptability of the substitute item. The borrower is still responsible for the processing fee and any fines accrued. Charges for damaged materials that can be repaired will be determined on a case -by -case basis by the Library Director under the discretion of the City. For materials _borrowed for a Moorpark patron from another library (interlibrary materials the replacement cost is determined by the lending library._ The borrower is still responsible for the processing fee and any fines accrued. The Library will make every attempt to notify patrons when items become overdue_ Overdue notification is made by e -mail or voice notification when items reach 7 and 21 days overdue. Overdue items are considered lost 30 days after the due date and accounts will be referred to a collection agency. Patrons are responsible for all late fees whether or not they receive a notice. User accounts with fines and fees totaling $5.00 or more will be blocked_ from further use until all fines are paid. SECTION 41. POLICY 41 — CITY WEBSITE CONTENT AND EXTERNAL LINKS Staff is hereby directed to include the following provisions of this policy on the City y website. 1. Purpose It is th_e_purpose of the Moorpark City Government website to provide accurate. non- editorial content that will inform Moorpark citizens about City of Moorpark services. o erations, projects, and special events, and provide information pertaining to City officials and personnel. In addition, the website should be used to facilitate the delivery of services provided by the City of Moorpark to its citizens and other customers. All City of Moorpark departments and divisions are eligible to submit content or request the posting or hypertext linking to o ap ro riate information to support the mission of the City and department service initiatives. 2. Website Disclaimer The City of Moorpark website is maintained to provide information to the public. Information found on the City's website has been compiled from a variety of sources. and is subject to 0 00014 Resolution No. 2007 - Page 60 change at any time and without notice from the City of Moorpark. While every effort is made to keep such information accurate and up -to -date, the City of Moorpark assumes no liability for damages incurred directly or indirectly as a result of errors _ omissions or discrepancies. The Information Systems Manager, a member of the Administrative Services Department, acts as the City's Webmaster and is responsible for the management and oversight of the City of Moorpark website. Questions or comments concerning information contained in the City of Moorpark website should be directed to the Information Systems Manager. Comments about the City's website are welcome_ from any source and are always appreciated. By using the City of Moorpark website, the user assumes all risks associated with its use, including but not limited to the risk of damage to computer, software, or data by any virus, program, or file, which might be transmitted through the Internet. Under no circumstances shall the City of Moorpark be liable for any damages resulting from the use of the City of Moorpark website or any external link. The opinions expressed in any linked websites are not those of the City of Moorpark. and any questions on other websites should be addressed to the entity sponsoring such site. 3. Privac A computer communicates with the City of Moorpark's website using _a particular Internet Protocol address (IP). Like most sites, the City of Moorpark can track the user's IP address when visitin _the site. The IP address allows the City of Moorpark to track for each user information, such as the IP address, the browser type. and the identity of the user's Internet service provider: however, the IP address does not provide any personally identifiable information and allows the user to remain anonymous. This information helps the City to improve site _navigation and to make improvements to the City's website and content. To the extent that the City website contains or may in the future contain online re istration forms for special activities or other_ services, such as recreation classes. an applicant may be asked . during the application process for name, address, e -mail address, phone number. birth date, or other general or special purpose information needed to com lete registration for the specific activity or service. To the extent that the City website contains or may in the future contain online volunteer or employment application forms, an applicant may be asked during the application process to rovide name, address, e -mail address, phone number, drivers license number, occupations, work experiences, employment history. education level, and, or references_ To the extent that the City website contains or may in the future contain online payment services, the City of Moorpark will collect personal information, such as name, postal address, e -mail address and .credit card number should you_ decide__..to use an online _ payment service. 4. Permitted External Links Resolution No. 2007 - Page 61 The Citv of Moorpark website contains links to other websites as a convenience to the public and does not constitute an endorsement. The City of Moorpark is not responsible for information contained on sites linked from any City of_Moorpark page and has not reviewed such for accuracy or legal sufficiency. The CitYof Moorpark permits the establishment of links to external websites on the City's official website solely_ in conformance with this policy. In the establishment and maintenance of its official website, the City does not intend in any manner to create a forum or other means by which public disclosure, exchange of opinions, or discussion on issues of any nature may occur. Rather, the sole and limited purpose of this City's website and permitted external links is to provide non - political and /or non - religious information of a factual nature about the City of Moorpark including various services and resources available within and around the City, or as may be available from other government a encies. T_he Moor ark City Government website includes links to other websites, and th_g Cit is not responsible for the actions and policies of these third parties, and recommends the privacy policies of each website be reviewed before supplying personally identifiable information. 5. External Link Application Process Organizations and City staff requesting to establish external links to the City's website must submit an External Link Application Form, as approved by the City Manager or his /her designee. to the City's Information Systems Manager. This form will contain all information necessary to serif the facts as stated and is necessary to establish that the proposed link is in compliance with this policy. Consistent with the foregoing policy, it is the City's policy to limit external links to the following kinds of entities and organizations: A. Sites that are owned and managed by a state, local or federal governmental agency, local public school, college board, or special district; B. Public Utilities: C. Sites that are maintained by a non profit organization that receives financial support from the City of Moorpark and supports the mission of the City_ - - - - -- - - -- D. Sites that have a direct contractual relationship with the City for the provision_ of goods and /or services External links will not be made to sites that fall within any of the following criteria, as determined by the City Manager or his /her designee: Sites that are owned or managed by a political party, candidate or special interest group or are of a political nature that are associated with, sponsored boor serving candidate for elected office. any political party or or anization 0 0fl' Z) :'6 Resolution No. 2007 - Page 62 supporting or seeking to defeat any candidate for elective office or ballot proposal • Sites that are owned, managed or provide content for commercial entities. that do not have a direct contractual relationship with the City for the provision of goods and /or services _ Sites containing any materials that may reasonably be considered scurrilous or --offensive. Offensive materials are defined as sexual content or images, slurs against race, religious or political beliefs. age, gender, sexual orientation, national origin or physical attributes. The City of Moorpark reserves the right to: 1) deny an external link application to any p_erson, business or organization when it is determined, following review of _a complete application, that the entity or organization for which application is made does not meet the criteria set forth in this policy; 2) deny an external link application to any person, business or organization which fails to provide all required information, or fails to provide truthful information. 6. Removal of External Link The City Manager or his /her designee is authorized to remove and external link if the nature of the organization or business to which the link relates no longer complies with the City's external link policy; and discontinue an external link at any time if an entity's website provides or promotes false, slanderous, illegal, immoral, offensive, or incorrect information at any time. SECTION 42. POLICY 42 - CITY COUNCIL USE OF CITY WEBSITE The City Council page of the City's website will include a photograph and a brief biographical summary for the Mayor and each Councilmember, along with City contact information consisting of the City e -mail address and voice mail telephone number. The Ma o� r and each Councilmember may also provide telephone contact numbers if desired. Any additional information to be placed on the Qty's website by the Mayor or a Councilmember must be approved by a maiority of the Council as to content, with legal review by the City. Attorney, and a factual review by the City Manager. SECTION 43. POLICY 43 - CITY COUNCIL USE OF CITY COMPUTERS AND ACCEPTABLE INTERNET AND E -MAIL USE ON CITY COMPUTER NETWORK The _Mayor and Councilmembers, in connection with the fulfillment of their City obligations, need to access internet resources, including, but not limited to, the City's web page. League of _California Cities materials. and other resources, and to reply to constituent matters. 00i W-f Resolution No. 2007 - Page 63 In order to facilitate access to computer resources, the Mayor and each Councilmember shall be issued a City e -mail address, and a laptop computer will be provided upon request for use in conducting City business. All use of City computers and internet and e -mail use on the City's computer network shall be in compliance with the provisions contained within this policy as set forth below. 1. _ The use of City supplied computer equipment and software and internet and e -mail use requires the appropriate, efficient, and legal utilization of City co_mputer hardware and network resources. 2. The Citv's network and computers may be used for lawful City business - related purposes only. Any personal use should be incidental. Users must comply with all applicable contract provisions of the software and equipment as well as federal, state, and local statutes, ordinances, rules and regulations, including, but not limited to, provisions relating to copyright protection. Only City acquired, legally obtained software programs are to be installed and /or used on city computers and all software will be installed and retained only_by the City's Information Systems Division staff. Use of City computer equipment to run other than City - acquired and authorized software is prohibited. City -owned software shall not be copied for ersonal use. 3. The use of City - provided computer equipment and network resources for an individual's participation in, including but not limited to, charitable. social. political or religious purposes, commercial use or profit, election campaigns, or for outside emn_loyment is prohibited. This includes notices /solicitations for donations. 4. All City electronic information systems, hardware, software, temporary or permanent files and any related systems or devices created or stored on the City's computers are the property of the City and may be subject to public disclosure under the Public Records Act cooperation with law enforcement, or litigation. If disclosure of e -mail messages or any other data files should be required under the Public Act. cooperation with law enforcement, or other lawful requests (despite the designation of _any message as "private' or "confidential "), the City shall not be liable for this disclosure in any way. These computer systems are provided for official Cit business. 5. — All electronic files and e -mails sent and received through the City's internet network are the property of the City and users can have no expectation of privacy in or ownership of same. Any and all e- mails, files, work product, etc., maybe subject to disclosure as public records. The user should not have any expectation of rip vacy as to any information contained on the Council computers, any use made of such com uters, and any use of the City's computer network. 6. Network accounts are to be accessed only by the authorized_ user of the account and the system administrator. The confidentiality of passwords and user accounts shall be protected for security purposes. 000o�� b Resolution No. 2007 - Page 64 7. _Users are prohibited at all times from downloading, viewing, creating, or transmittin any inappropriate material on or through the City's network. Inappropriate material includes, but is not limited to, material that: (a) is unlawful or-illegal; (b) is pornographic or obscene; (c) is threatening; (d) is abusive;_ P) is libelous or defaming: (f) is offensive; (a) encourages or incites conduct that would constitute a criminal offense; (h) violates the City's harassment policies; (i) is categorized as adult sexually explicit, personal or dating, or weapons; or j) could potentially lead to civil and/or criminal liability or adverse publicity for the City, its officers and%or employees. Users are also prohibited at all times from creating-and/or maintain ing an internet log (also known as a web log or a blog). The City also reserves the right to remove any inappropriate material from its software /hardware and computer network. 8. Users may not attempt to circumvent user authentication or security._of any host network, or account. This includes, but is not limited to. accessing data not intended for the user, logging into a server or account the user is not expressly authorized to access, or probing the security of other networks. Users may not attempt to interfere with service to any user, host, or network. This includes but is not limited to "flooding" of networks, deliberate attempts_to overload a service. and/or attempts to "crash" a host. Users may not use any kind of program /script /command.. or send messages of any kind, desi ny ed to interfere with another user's session, via any means, locally or by the Internet. 9__ It is important to use care when sending e -mail messages from - City -owned equipment and from City - supplied e -mail addresses. As noted in Paragraph 4. above, the confidentiality of electronic mail cannot be assured. Any communication that needs to remain confidential should not be sent electronically_ 10. _. To ensure that public records are retained for the legal retention period, the System Administrator shall ensure that all e -mail received and sent by the Mayor and Councilmembers through the City's computer network has a back -up copy_ In order to preserve network resources, all other e -mail messages in the City Council e -mail inbox and sent folders will be retained in the network stem for 90 days then_ deleted. 11. The Council computers shall be maintained by the Citv. and Citv staff may be called upon to provide remote service and maintenance on such computers. including ensuring that such computers have internet access. Additiona4y,_.City staff _may require that such computers be returned to the City eriodically for main_tenanc_e and upgrades. 12. _Should the Mayor or a Councilmember elect to utilize a computer not owned by the City to conduct City business, including accessing or responding to City related e- mails, the City will not service or maintain such computers, nor will the City in an wa)r fund the use of such computers. Use of a non -City owned com up ter a d%pr ()000 7 9 Resolution No. 2007 - Page 65 use of a personal e -mail account to conduct City business is strongly discouraged, due to the potential for City records to be saved on that non -City owned computer that may be subject to public disclosure under the Public Records Act, cooperation with law enforcement. or litigation. SECTION 44. POLICY 44 — CITY COUNCIL CREDIT CARD USE. Each member of the City Council shall be issued a City credit card with a credit limit of $5,00 .00. Use of the credit card shall be consistent with Policv 3 (Meeting. Training, and Conference and Professional Association Membership Expenses), shall be used. for City business purposes one and shall be subiect to the credit card administrative policies established by the City Manager for City employees. SECTION 45. POLICY 45 — CITY COUNCIL USE OF CITY POOL VEHICLES A member of the City Council may use a City pool car vehicle for City business purposes, if a_Qool car is available at the time of the request, and if the member of the City Council requesting such use has complied with all of the established City vehicle usage procedures a roved ._by the City Manager for City employees, including but not limited to providing ^roof of a valid California driver license. providing documentation to permit and complete enrollment in the State Department of Motor Vehicles (DMV) pull notice program, and completion of a California Joint Powers Insurance Authority (JPIA) driver training class ever ty wo years. The City's Human Resources /Risk Management Division is responsible for providing the City Council with notice of scheduled California JPIA driver training in Moorpark. The alternative to City pool car use is mileage reimbursement for private vehicle use, consistent with the requirements of Policy 3. SECTION 46. POLICY 46 — AUTHORIZATION FOR CITY MANAGER TO APPROVE REDUCTION AND /OR EXONERATION OF A SURETY THAT HAS A VALUE NOT TO EXCEED $10,000.00 It is the Council's policy that the City Manager shall have the authority to approve in writing the reduction and /or exoneration of a surety with a value not exceeding $10,000, when all work quaranteed by the surety has been completed to the satisfaction of the responsible Department Director. The responsible City Department will initiate research on surety reduction and /or exoneration upon receipt of a written request for such action _ The applicable City Department will then request a copy of the surety records on file with the City Clerk's Division and verify completion of work guaranteed by the surety. __The City Manager will consider reduction and /or exoneration of a surety after receipt of a written recommendation from the responsible Department Director, with a copy to the City Clerk_ Upon receipt of the Cif Manager's written approval to reduce and/or exonerate a surety, the Cif Clerk will take the actions necessary to implement the reduction or exoneration, including but not limited to providing written notification to a bonding company or re.. nesting the Finance Director to re -fund a cash surety. Resolution No. 2007 - Page 66 SECTION 346. 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 3647. City Council Resolutions Nos.2 -0 4 46093 -951 and 2006 - 246683 are hereby rescinded. SECTION 3648. 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 day of 12007. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 1TEM q • B CITY OF MOORPARK, CALIFORNIA City Council Meeting Of i. ACFTION: MOORPARK CITY COUNCIL ADDENDUM AGENDA REPORT TO: Honorable City Council ':3D.11T FROM: Deborah S. Traffenstedt, Administrative Services Director /City Clerk DATE: May 15, 2007 (CC Meeting of 5/16/07) SUBJECT: Consider Amendment to Resolution Adopting Revised City Council Policies Resolution and Rescinding Resolution No. 93 -951 and Resolution No. 2006 -2483 BACKGROUND AND DISCUSSION Item 9.13. for the May 16, 2007, regular meeting (City Council Policies Resolution) includes a new Policy 34 (Drug Free Workplace) in the draft resolution that was distributed with the agenda packet. After additional consultation with the City Attorney's office, staff has determined that further edits to this policy would be appropriate; therefore, the recommendation is that the City's current Drug Free Workplace policy (Resolution No. 93- 951) be maintained and incorporated into the City Council's Policies Resolution at this time. A copy of Resolution No. 93 -951 is attached. To clarify the revised recommendation, Resolution no. 93 -951 will be rescinded and the language from that resolution will be substituted as Policy 34 (except as edited to maintain consistency with the format of the City Council Policies Resolution). Staff will then reschedule updating the Drug Free Workplace policy as a future agenda item to incorporate the new policy language recommended by the City Attorney's office. STAFF RECOMMENDATION Adopt Resolution No. 2007- as amended, to incorporate the language from Resolution 93 -951 as Policy 34. Attachment: Resolution 93 -951 RESOLUTION NUMBER 93- 951 A R:SOI.UTION OF THE CITY COLINCII, OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING A POLICY FOR A DRUG -FREE WORK PLACE. WHEREAS, The Congress of the United States passed the Drug Free Work Place Act of 1988 which requires that each organization which uses federal grant funds establish .i policy creating a drug - free work place; and WHEREAS, The City of Moorpark has a vital interest in maintaining safe, healthful, and efficient working conditions for its employees, and being under the influence of a drug or alcohol on the job may pose serious safety and health risks, not only to the user, but to his /her coworkers and the general public; and WHEREAS, The City recognizes that its future is greatly dependent upon the physical and psychological health of its employees; and WHEREAS, It is the right, obligation and intent of the City to maintain a safe, healthful, and efficient working environment for all of its employees and for the benefit of the general public; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. The unlawful manufacture, distribution, dispensing, possession, sale, use and /or transportation of narcotics, drugs, controlled substances, or alcoholic beverages by employees while on duty, in a City facility, operating a City vehicle, using a personal vehicle while on City business, or using City equipment is illegal and forbidden. Section 2. It is the obligation of the employee to: A. Not report to work or be on standby status under the influence of narcotics, drugs or controlled substances, whether prescribed or not, alcohol or any other substance which may impair the employee's ability to perform his /her job in a safe and efficient manner; B. Not be under the influence of alcohol which impairs one's ability to perform his or her job or posses drugs (illegal drugs or legal drugs, in a manner other than prescribed), while on duty or on standby status, (during work hours or on breaks), in a City facility, operating a City vehicle, using i personal vehicle while on City business, or using City -quipment; C. Not directly or through a third party sell or provide drugs or alcohol to any person or to any other employee while either employee or both employees are on duty or on standby status, in a City facility, operating a City vehicle, using a personal vehicle while on City business, or using City equipment. Section 3. The City will establish an ongoing drug -free awareness program to inform employees about: A. The dangers of drug abuse in the work place; and B. The City's policy about place; and C. Available information rehabilitation, and empl4 D. The penalties that may be use violations occurrinq maintaining a drug -free work about drug counseling, 3yee assistance programs; and imposed upon employees for drug in the work place. Section 4. Each employee that is or will be engaged in the performance of a federal grant will be provided a copy of this policy. Furthermore, said employE+�!(s) will: A. Abide by the terms of this policy; and, B. Notify the employer in writing of his or her conviction for a violation of a criminal drug or alcohol statute occurring in the work place no later than five (5) calendar days after such conviction. Section 5. Upon receipt of written notice as identified in Section 4.(B) above, or otherwise receiving actual notice of such conviction, the City will notify the granting agency in writing, within ten (10) calendar days. This notice must be provided to every grant officer unless the granting agency has designated a central point of receipt of such notices. The employer's notice shall include the name of the employee, his or her title, and the related grant identification number. Section 6. violations of this policy which have been confirmed by City receipt of writ.tE•n notice or otherwise receiving actual notice of such conviction, (as identified in Section 3(B), will result in disciplinary action as deemed appropriate by the direct supervisor of said employeE•, even for a first offense, as described by the City's personnel rules Section 12.9 "Causes for Disciplinary Actions ", part 10) . whenever possible, rehabilitation will be offered to encourage employees to remain active and productive members of the City's orF force. Section 6. The City will make a good faith effort to continue to maintain a drug -free work place through implementation of this policy. Section 7. The primary site of work related to the City's federal grant funds is located at: City of Moorpark City Hall 799 Moorpark Avenue Moorpark CA 93021 Section 8. The City will amend this policy as mandated by Congress and comply with other provisions of the Act and with other applicable laws as the need arises. ATTEST: APPROVED and ADOPTED this 17th day of June, 1993. f �.1 Lillian E. Hare, City Clerk Paul W. Lawrason Jr. , t,iMayor