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November 12, 2024
ITEM TITLE
Council Policies: Approve Revising and Rescinding Various City Council Policies
Report Number: 24-0267
Location: No specific geographic location
Department: City Manager
G.C. § 84308: No
Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(C)(3) no environmental review is required.
Recommended Action
Adopt resolutions: A) Revising Council Policies: 220-05 City Debt Policy; 220-07 City Disclosure Policy; 662- 13 Fraud Prevention in the Workplace ; and B) Rescinding Council Policies: 662-03 Disabled Em ployment; 662-05 Sexual Harassment Policy; 662 -07 Substance Abuse Policy; 662 -08 Disability Retirement – Safety Employees.
SUMMARY
Adoption of these resolutions revises City Council policies 220-05 City Debt Policy; 220 -07 City Disclosure Policy; 662 -13 Fraud Prevention in the Workplace and rescinds Council Policies 662 -03 Disabled Employment; 662 -05 Sexual Harassment Policy; 662 -07 Substance Abuse Policy; 662 -08 Disability Retirement – Safety Employees.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment.
Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The City of Chula Vista currently has approximately 160 City Council policies which have been adopted by the City Council from 1962 to 2024. These policies serve as the official description of a City procedure, policy or practice. A p olicy may derive from an ordinance, resolution, administrative regulation or department policy.
The City Manager has initiated a review of City Council policies to identify policies for revisions or recission, or any new policies that the City Council should consider for adopt ion. The City Manager established a working group including staff from the City Manager, City Clerk, and City Attorney departments to coordinate this effort.
The first step in the process was for department heads to review City Council policies related to their departments/divisions and prioritize actions for each policy. After this initial review, seven policies were determined as a high priority for City Council to consider.
City Council Policies Recommended for Revision
220-05 City Debt Policy
The City last revised 220-05 City Debt Policy in 2017. The City’s Debt Policy was established to improve the decision-making quality, to articulate policy goals, provide guidelines for the structure of debt issuance, and to demonstrate a commitment to long -term capital and financial planning. Adhering to a debt policy and updating the debt policy periodically shows that we are following Government Finance Officers Association (GFOA) recommended best practices, it also indicates to rating agencies and capital markets that the City is well managed and is therefore likely to meet its debt obligations in a timely manner. The approval of the amended debt policy will demonstrate our continued commitment. The proposed policy is included as Attachment 1a (redline version) and Attachment 1b (clean version). 220-07 City Disclosure Policy
Staff also recommends revising the 220-07 City Disclosure Policy that was first approved in 2016. This disclosure policy was approved to help augment the City’s debt policy. It formall y memorialized the proper procedures for effective and informative debt disclosure to all bond market stakeholders. Given new Governmental Accounting Standards Board (GASB) standards that have created changes in what is considered debt and deemed reportable, the City saw the need to update the current disclosure policy. The approval of the amended disclosure policy will ensure that the City stays current with new disclosure rules.
The proposed policy is included as Attachment 2a (redline version) and Attachment 2b (clean version). 662-13 Fraud Prevention in the Workplace Policy
The 662-13 Fraud Prevention in the Workplace policy was last updated in 2009. This policy has been revised to include language from CalPERS describing that if an employee is convicted of a felony in a state or federal court for fraudulent activities conducted in the workplace, they may face forfeiture of accrued rights and P a g e | 3
benefits in any public retirement system. The title has been updated to “Fraud Prevention in the Workplace.” The proposed policy is included as Attachment 3a (redline version) and Attachment 3b (clean version).
City Council Policies Recommended to be Rescinded
The following policies are recommended to be rescinded as they have been superseded by other City policies and/or law (Attachments 4 – 7).
Policy
Number Policy Title Superseding Policies/Laws
662-03 Disabled Employment Federal Americans with Disabilities Act law City's Equal Employment Opportunity Policy (HR 201)
662-05 Sexual Harassment Policy Equal Employment Opportunity Policy (HR 201) 662-07 Substance Abuse Policy City's Substance Abuse Policy (rev. April 8, 1994) 662-08 Disability Retirement –
Safety Employees
Public Employees’ Retirement Law (PERL)
California Public Employees Retirement System (CalPERS).
Ongoing City Council Policy Review
The working group will continue coordinating with departments to identify the next round of policies to present for City Council consideration to revise, rescind, and potentially adopt new policies. Staff anticipates coming back to City Council on a quarterly basis with the next set of policy recommendations planned to be presented by March 2025.
DECISION-MAKER CONFLICT
Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18704(d)( 1).
Consequently, this item does not present a conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current-year fiscal impact as a result of this action.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this action.
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ATTACHMENTS
1. Proposed Policy 220-05 “City Debt Policy”
a. Redline version
b. Clean version
2. Proposed Policy 220-07 “City Disclosure Policy”
a. Redline version
b. Clean version
3. Proposed Policy 662-13 “Fraud Prevention in the Workplace Policy” a. Redline version
b. Clean version
4. 662-03 “Disabled Employment”
5. 662-05 “Sexual Harassment Policy”
6. 662-07 “Substance Abuse Policy”
7. 662-08 “Disability Retirement – Safety Employees”
Staff Contact: Courtney Chase, Deputy City Manager