HomeMy WebLinkAboutAGENDA REPORT 1997 1217 CC REG ITEM 10EAGENDA REPORT
CITY OF MOORPARK
TO: The Honorable City Council
FROM: Lillian E. Hare, City Clerk
DATE: December 2, 1997 (CC meeting 12/17/97)
190.1
ITEM •
CTTy OF MOORPAR& CALIFORNIA
City Council Meeting
of 1-1'1�1 / 1991—
ACTION: -- —
R
BY: �• Pdl`e
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 97- RESCINDING
RESOLUTION 96 -1210 AND ADOPTING REVISED COUNCIL POLICIES
As a result of the discussion of the Council Rules of Procedure at
the Council meeting of November 19, staff was directed to revise
the Council Policies resolution as follows:
1. Add a new policy to reflect action taken relative to
authorizing conflict of interest appraisals for the Council
and Planning Commission.
Relative to this policy, also discussed with no consensus
being reached, during meetings of the Ad Hoc Rules of
Procedure Committee (Mayor Hunter and Councilmember Evans),
was that one conflict of interest appraisal per year should be
authorized for the City Manager and the Director of Community
Development. Staff recommends this change and language to
provide for this authorization is included in the new policy
(Policy 14).
2. Revise Policy 7 to clarify that Ad Hoc Committees are
generally not subject to the Brown Act unless composed of
members other than less than a quorum of the legislative body.
Also included in the revised Council Policies resolution is a
sexual harassment policy (Policy 15). City staff has been working
with the City Attorney to finalize this policy. At the suggestion
of the City Attorney, the policy is proposed for adoption as part
of this resolution.
Policy 2 - Rebate of Assessments for AD 84 -2 & AD 85 -1 - This
Policy may be affected by the passage of Proposition 218 which
seems to preclude a lower rate for any class (e.g., lower income
families). This matter will be referred to the Budget and Finance
Committee, Mayor Hunter and Councilmember Wozniak, for discussion
and a recommendation to the full Council. Any revision to Policy
2 will follow Council discussion.
As a housekeeping measure, Policy 17 is being deleted.
Council Policies
December 2, 1997
Page 2
STAFF RECOMMENDATION
Adopt Resolution No.97- rescinding Resolution No. 96 -1210 and
revising the Council Pol ties resolution.
Attachment: 1) Draft resolution
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK ADOPTING COUNCIL POLICIES
Whereas, it is advantageous for the City Council to have a
compilation of its policies; and
Whereas, the City Council has directed that its policies be
compiled and adopted as a resolution;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA
DOES RESOLVE AS FOLLOWS:
Section 1. POLICY 1 - STREET NAMING
All street names shall be approved by the City Council subject to
the concurrence of the County Fire Department. 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.
Section 2. POLICY 2 - REBATE OF ASSESSMENTS FOR AD 84 -2 &
AD 85 -1
1. Owner occupant with rebate only on property
granted a homeowner's exemption.
2. Demonstrate that there is no tax delinquency on the
property and the assessment(s) for which the rebate is
requested have been paid.
3. Gross family income may not exceed two - thirds of
the then current County median income; the most
recent state and federal tax return must be presented to
verify family income and family size. Regardless of the
above, persons who feel that special hardship
circumstances exist and who meet other applicable
criteria may apply for a rebate. The City Council's
Budget and Finance Committee shall make a
determination on all such requests with a
confidential report to Council on all approved
requests.
4. Persons granted property tax assistance
under the Gonslaves- Deukmejian - Petris Property Tax
Assistance Law upon presentation of proof of such
assistance and meeting items 1 and 2, above, shall be
eligible for rebate.
5. A rebate may be requested between January 1 and May 31 of
any fiscal year for assessment due and payable
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during that same fiscal year consistent with the
above criteria. No rebate will be granted for delinquent
assessments paid during any subsequent fiscal year.
6. Staff will issue press releases concerning the
rebate process in January, April and July of each year.
The rebate procedure will also be contained in the
Engineer's Report for both Assessment Districts.
7. Rebates of City -wide assessments of both Assessment
Districts will be funded by the City's General Fund.
Rebates of special zone of benefit assessments will be
funded by the respective zone of benefit for that
District.
Section 3. POLICY 3 - REPAYMENT DOCUMENTS FOR VILLA CAMPESINA
DEFERRED LOANS
The City Manager is authorized to execute all deferred loan
repayment documents for Villa Campesina Affordable Housing
Development (Tract 4147).
Section 4. POLICY 4 - MEETING AND CONFERENCE EXPENSE
On various occasions it will be necessary for City Officials -
elected, appointed and staff to attend meetings outside the City or
County on City business. Such occasions fall basically into three
categories:
1. Meetings /Seminars /Training Sessions which do
not require overnight accommodations;
2. Conferences /Training Sessions requiring
overnight accommodations, or which require an
expenditure exceeding $250.00;
3. Travel for regular /special meetings.
A. Meetings /Seminars /Training Sessions (One day and return)
1. The cost of registration, meals, parking and mileage are
allowable City expenses. Attendance at City expense
shall be subject to the advance approval of the City
Manager.
2. An individual proposing to attend at City expense shall
file a rough -draft copy of the Claim for Reimbursement of
Travel Expenses with the City Manager at least 24 hours
prior to the date of attendance.
3. The City Manager shall not approve such attendance unless
funds have been appropriated and are available for the
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subject purpose.
4. Wherever possible, registration fees will be paid in
advance by the City. The individual attending shall
advance all other necessary costs.
5. Upon return to the City, the individual attending shall
complete the Claim for Reimbursement of Travel Expense,
in final form, and submit it to the City Manager for
reimbursement.
B. Conferences /Training Sessions (Requiring Lodging)
1. The cost of registration, lodging, meals, parking and
mileage 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, it shall require approval and an
appropriation of funds by the City Council.
2. The individual attending shall file a rough -draft copy of
the Claim for Reimbursement of Travel Expenses with the
City Manager, at least one week prior to the City Council
Meeting preceding the date of the Conference /Training
Session.
3. The City Manager shall determine whether funds have been
appropriated and are available for said proposed
expenditure and 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.
4. After approval by the City
will, if possible, make
registration and lodging
payment in the amount not
of the estimated cost.
Manager or City Council, staff
advance arrangements to pay
fees and to make an advance
to exceed 100% of the balance
5. Upon return to the City, the individual attending shall
complete the Claim for Reimbursement of Travel Expenses,
in final form with supporting receipts or cash tickets,
and submit it within 10 days of their return to the City
Manager for reimbursement, or refund of any overage.
Total receipts for meals and associated tips will be
honored up to $50.00 per day based on the following
limits of $10.00 for breakfast, $15.00 for lunch and
$25.00 for dinner. Meals can be combined.
6. The traveler may receive a per diem allowance for
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meals plus tips. The per diem allowance shall
conform to the currently allowed Internal Revenue
Service (IRS) allowance for California cities. It
shall be prorated when appropriate.
7. When the individual attending an approved conference is
accompanied by his or her spouse or another companion,
the allowable cost for lodging shall be only that which
would be allowed if the individual were traveling alone.
The lodging and all other expenses of the spouse or
traveling companion are personal and not reimbursable by
the City.
C. Staff Travel - Regular /Special Meetings
Staff assigned or directed by the City Manager to attend
area meetings, or special meetings which are scheduled
from time to time during the regular course of business,
shall be reimbursed for actual mileage, meals and other
appropriate expenses on an actual cost basis. Staff
members receiving a travel allowance will be reimbursed
for actual mileage for trips on City business outside of
the six county area (Santa Barbara, Ventura, Los Angeles,
San Bernardino, Riverside, and Orange). Mileage will be
calculated from the City as point of departure to the
destination.
Mileage expense for the use of a personal vehicle for
travel shall be at the rate currently allowed by the
Internal Revenue Service provided, however, that 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.
Attendance at a special meeting, for which funds are not
appropriated, in Sacramento /Washington, D.C. or other
City at which 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.
D. Council and Commissioner Expenses
The travel and expense reimbursement of members of the
Council, the Planning Commission, and the Parks, and
Recreation Commission shall be governed by the same rules
contained in this policy with the following exception.
The certified Claim for Expense Reimbursement form shall
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be reviewed and subject to the approval of the City
Council Budget and Finance Committee. If a member of the
Budget and Finance Committee submits a Claim for Expense
Reimbursement, it shall be subject to the approval of the
two most senior, by tenure, members of the City Council
who are not members of the Budget and Finance Committee.
Section 5. POLICY 5 - REPORTS FROM APPOINTEES
1. Reports are required from appointees to the following:
Area Agency on Aging
Area Housing Authority
Moorpark Mosquito Abatement District
Ventura County Transportation 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;
In lieu of 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 6. POLICY 6 - ADVERTISING AND APPOINTMENT POLICY FOR
CITIZEN APPOINTMENTS TO BOARDS,
COMMISSIONS AND COMMITTEES
1. At the end of each calendar year, a list will be prepared
and posted at the Community Center and Library of all
citizen appointive positions and their expiring term of
office as well as any requirements for the position. The
list shall remain posted for the month of January.
2. Not later than one month prior to the expiring term of
office of a citizen appointee, the City will post a
notice of the expiring term and advertise in a newspaper
of local distribution for interested persons in the
appointive position.
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3. Interested persons will be asked to submit a City Board,
Commission, and Committee Application.
4. When an unscheduled vacancy occurs on the Planning
Commission or Parks and Recreation Commission, notice
will be posted in compliance with the Maddy Act
requirements.
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
have them complete an application.
The annual assessment district mailer will include a
request for persons interested in serving as a City
Council appointee to contact the City Clerk.
6. A press release on every vacancy shall be prepared and
sent to the Moorpark Star and all other papers of local
distribution regarding an expiring or unscheduled
vacancy.
7. The Moorpark Citizen -link Computer shall carry the yearly
appointment list and a request for communication with the
City Clerk in the event a citizen has an interest in
being placed on the appointee resource list.
8. A notice regarding every vacancy shall be cablecast on
the City's governmental and information channel (Channel
10) along with the request for communication with the
City Clerk in the event a citizen has an interest in
being placed on the appointee resource list.
9. As per Government Code Section 40605, the Mayor shall
make all appointments to boards, commissions and
committees.
10. The procedure for appointments shall be as follows:
A. The Mayor shall solicit suggested nominees from
members of the Council.
B.
C.
0
The Mayor shall make a motion putting forth a
single name to be approved for appointment.
A second shall be required.
The Council shall vote
individually.
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on each appointment
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Section 7. POLICY 7 - CITY COUNCIL STANDING COMMITTEES
1. Standing Committees
The Council Standing Committees shall be:
Budget and Finance
Community Development
Economic Development /Affordable Housing
Public Works, Facilities and Solid Waste
Transportation and Streets
Each committee shall consist of two Council members and
a designated alternate. One member of the Budget and
Finance Committee shall be the Mayor or Mayor Pro Tem.
This does not preclude both the Mayor and Mayor Pro Tem
from serving on this committee at the same time.
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
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
(1) pursuant to applicable provisions of the Political
Reform Act, if a potential conflict of interest exists
(consult with the City Attorney if necessary); 2) though
there is no conflict of interest under the Political
Reform Act, there is a desire to avoid an appearance of
conflict; or 3) otherwise decides not to participate. If
a Councilmember should so determine/ decide, the 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
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5.
6.
7.
8.
possible. If not so assigned, at the Mayor's discretion,
an Ad Hoc Committee shall be formed.
Assigned Staff
Budget and Finance - Deputy City Manager
Community Development - Director of Community
Development
Economic Development /Affordable Housing -
Director of Community Development
Public Works, Facilities and Solid Waste -
Public Works Director
Transportation and Streets - Assistant to the
City Manager
The City Manager may designate an alternate and /or
substitute as determined necessary.
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 each year.
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
to the full Council within seventy -two (72) hours of the
Council Committee meeting showing the Committee's
recommendation.
Concurrence with the staff's recordation of Committee
recommendation(s) to the full Council will be completed
prior to the adjournment of the Committee meeting in
order to accurately report to the full Council via the
action minutes. Action minutes will not formally be
approved by the Committee.
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).
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4i
Section 8. POLICY 8 - PROCESS FOR PREPARATION OF INITIAL DRAFTS
OF ORDINANCES BY CITY DEPARTMENTS (If the
draft ordinance is initiated by the
Planning Commission or Parks & Recreation
Commission, the process may deviate from
that outlined here.)
1. Step One - Staff confers with City Attorney at scheduled
meeting after first determining if City Manager wants to
participate. Staff to bring any sample ordinance to the
meeting.
City Attorney to determine leadtime (Step One to Step
Six) except when the City Manager determines that staff
priorities or Council direction require adjustment of the
leadtime but generally a minimum of 2 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 to be
considered in determining leadtime. Schedule meeting 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 Three - Staff drafts the ordinance for content and
format and if necessary reviews with City Manager during
the drafting process.
4. Step Four - City Manager review of draft ordinance.
5. Step Five - Modem draft ordinance to City Attorney. Save
as a Word Perfect 5.1 document.
6. Step Six - City Attorney reviews for content and form;
makes changes in legislative format and returns draft
ordinance, making comments if required.
Management staff, to the Management Analyst and Associate
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Planner level, 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
meeting on first Wednesday afternoon of the month.
8. Step Eight - Recognize and reconcile differences. If
differences can't 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 9 - If needed, schedule public hearing after City
Attorney and City Manager have approved draft ordinance.
Section 9. POLICY 9 - TEMPORARY USE PERMIT FEE WAIVERS
1. Once each calendar year, a City of Moorpark organization
having non - profit status may apply for and be granted a
temporary use permit fee waiver for one event.
2. The Director of Community Development 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 10. POLICY 10 - NON - PROFIT ORGANIZATIONS ANNUAL FACILITY
RESERVATION POLICY
1. Once each calendar year, a City of Moorpark organization
having a non - profit status, may reserve the Arroyo Vista
Recreation Center QR the Moorpark Community Center 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 city -wide events by Girl or Boy Scouts,
service organization events, including fund - raising
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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 Director of Community Services 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 11. POLICY it - GUILDELINES FOR THE USE OF THE CITY'S
SOCIAL SERVICES ACCOUNT
1. Each Councilmember and the City Manager is authorized to
expend funds as the need may arise and receive
reimbursement for said expenditures from the City's
Social Services Account up to an amount not to exceed
$200 per occurrence when said individual has made this
determination.
2. When said expenditure is made, the individual will cause
the reimbursement request to be placed on the City
Council's next regular meeting agenda for approval by the
City Council.
Section 12. POLICY 12 - REFUNDS FOR BUSINESS REGISTRATION
The city will not issue refunds for business registration
permits.
Section 13, POLICY 13 - FLAG ETIQUETTE
1. The Flag of the United States of America and the Flag of
the State of California will be displayed at each
municipal facility which has an appropriate flagpole.
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2. The National and State Flags are to be displayed daily
from the start of the business day through the close of
the business day during the normal work week. Flags may
be flown 24 hours per day if appropriately lighted.
3. Flag etiquette allows the flag to be displayed during
inclement weather provided it is made of all weather
material (such as the flags the City uses). If it rains
after raising of the flag, the flag will remain on the
pole. If it is raining prior to raising the flag, the
flag will not be raised; however, it may be raised later,
weather permitting, and remain until close of the
business day.
4. Flags will be flown at half -staff when ordered by the
President or the Governor of the State as follows:
President,
ex- President or
President elect
Vice President, the
Chief Justice or
retired Chief
Justice of the
United States or the
Speaker of the House
of Representatives
Associate Justice of
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
By order of the
President
By order of the
Governor; at the
death of any local
police officer
killed in the line
of duty.
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30 days
10 days
Day of death to day of
interment
Day of death and day
following
Period to be
prescribed
Day of death to day of
interment
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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 or Member of the City Council Elect.
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.
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.
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 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.
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ATTEST:
Lillian E. Hare, City Clerk
c: \MyFiles \reports \policy.res
17
Patrick Hunter, Mayor
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