CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Tamara S. Letourneau, City Manager
DATE: March 1, 2022
SUBJECT: Adoption of Resolution No. 2022-1380, Adopting Updates to City Council Policies and Procedures
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2022-1380 adopting the updated City Council Policies and Procedures.
BACKGROUND
The City Council Policies and Procedures were first adopted in 1994, with the goal of implementing best practices for the internal operation of the City, promoting organizational efficiencies, and providing consistency in the delivery of City programs and services. These policies and procedures cover a broad range of topics from those established by and for the City Council, to general administration, to specific departmental operations.
Over the years, new policies and procedures have been established, and existing policies and procedures have been amended to reflect the organization's most current goals and actual practices. In addition, on an annual basis, the Finance Department brings forth the City's Financial Reserves Policy, and City Investment Policy for any necessary review and/or updates.
During the City Council meeting on November 16, 2021, the City Council provided direction to staff to return at a future meeting with recommendations for new policies and updates to the City Council Policies and Procedures. This report serves as a follow-up to the City Council's direction.
ANALYSIS
The proposed City Council Policies and Procedures update is meant to align with current and actual organizational practices and are intended to further improve efficiencies, reflect best management practices, as well as reinforce the council-manager form of government (Attachment A).
The updates are based in part, on an analysis of comparator Orange County cities. Staff collected, cataloged, and analyzed policies and procedures from nine cities in the region, identifying common themes and best practices most frequently adopted/utilized by City Councils. The analysis focused primarily on the policies found under the "General" heading in the table of contents of the Policies and Procedures. Policies and procedures pertinent to the City of Laguna Niguel were then incorporated into the City Council Policies document. In addition to the research and analysis conducted by staff, suggested changes submitted by Council Members have also been incorporated into the update.
The following sections are intended to highlight the substantive changes made to the Council Policies and Procedures, many of which are the current and actual practice of the City. The full, comprehensive updates, including minor language updates can be found in Attachment A as a redline update. Please note that the City Council will consider the adoption of an Ordinance related to Councilmember conflicts and favoritism at a future meeting, so this topic area has not been included in the updated Policy document.
Mayor and City Council
Many of the proposed updates in this section are intended to incorporate current and actual practices into the formal Council Policies and Procedures. This includes the addition of the following sections for all City Council members: Required Trainings and Conflicts of Interest and Relationship with Other Public Agencies. • The former section is regulated by state law and is a current City practice. Within this policy section, language is incorporated to adjust to any changes as prescribed by state law.
• The latter section has been added to distinguish between the official position of the City and the personal opinion of individual Council Members.
Other changes in the Mayor and City Council section include current organizational practices, and best practices commonly found in the council-manager form of government related to communication with and direction to City staff. These include:
• Duties and Responsibilities of the Mayor: Selection of seating order at the dais and the nomination of Council Members to serve as commission/committee and regional agencies liaisons. These practices are currently being utilized but are not incorporated into the existing policies.
• Agenda Item - Staff Report and other Documentation Required: Items requested to be placed on the agenda by the Mayor or two Council Members must receive a majority vote by the Council before a staff report or resolution is written. • Communication between City Council and Staff: Revisions to this section are intended to clarify Council communications with City Staff as appropriate under the Council-Manager form of government.
• Council Meeting Conduct and Decorum: Revisions to this section include the use of technology at the dais, correction of meeting minutes, cordial and polite interactions with peers, and fair dissemination of reports/information with fellow Council Members.
• Resolutions of Commendation and Proclamations: Updates to this section include the ceremonial presentations that may take place for an outgoing Mayor or Council Member.
City Grants and Sponsorships
The City Grants and Sponsorship policy was first adopted in November 2018 and was later revised in April 2019. Since that time, the grants and sponsorship process has become increasingly competitive. The changes made in this section are intended to align the Policy with the current competitive nature of the grant request process.
City Commissions and Committees
The City Commission and Committee policy currently lack clearly outlined established norms and structures. The proposed update incorporates many of the best practices and municipal code language that is already in place but is not included in the Council Policies and Procedures. The proposed language is intended to formalize these best practices.
These sections include Commission and Committee Formation, Preparation of Commission/Committee Correspondences, and Appointment of Committee and Commission Members.
Social Media Policy
The City has a very robust social media presence across several online platforms; however, a City Social Media Policy does not currently exist. The inclusion of such a policy will memorialize best practices in this very important communication area as well as reflect laws regarding elected and appointed officials and the use of social media. Key areas of the Social Media Policy include:
• Use of Social Media by Members of City Council and City Commission and Committees: The addition of this section is intended to help "Members" address issues related to the use of social media in connection with their activities as public officials while complying with legal requirements and limitations that arise during their term in office. This Policy is in compliance with recent amendments to the Brown Act (Government Code Section 54952.2(b) (3)). • Comment Guidelines: The guidelines in this section are intended to maintain civil and appropriate language for all ages. Comments posted on the City's Social Media accounts will be monitored, and appropriate recourse will be taken as outlined in this Policy, if necessary.
ALTERNATIVES CONSIDERED
The City Council may elect to:
1. Make additional amendments to the updated City Council Policies and Procedures.
2. Make no changes to the current City Council Policies and Procedures.
FISCAL REVIEW
There is no fiscal impact as a result of this report.
LEGAL REVIEW
Tore Cily Attorney's office has approved this report and Resolution No. 2022 1380 as to
CONCLUSION
Staff recommends that the City Council adopt Resolution No. 2022-1380 (Attachment B) adopting the updated City Council Policies and Procedures.
Jamasa Setonneau Austen, q Marten
Tamara S. Letourneau ustin J. Martir
City Manager Deputy City Manager
Never It. Emis Kein X. OCanen
Kevin G. Ennis Kevin X. O'Connor
City Attorney Management Assistant
Attachments:
A. City Council Policies and Procedures Updates
B. Resolution No. 2022-1380
ATTACHMENT A
City Council Policies and Procedures Updates
SEA COUNTR
1989
CITY COUNCIL
POLICIES AND PROCEDURES
CITY COUNCIL
POLICIES AND PROCEDURES
The Laguna Niguel City Council Policies and Procedures have been established by the City Council, City Manager, and Department Directors to promote organizational efficiencies and consistency in the delivery of City programs and services. These policies and procedures cover a broad range of topics from those established by the City Council, to general administration, to specific department operations. Policies and procedures are also included that are required by state and/or federal law. In no event are the policies intended to supersede federal, state or local laws, including the Laguna Niguel Municipal Code, or create contractual rights for any employee. The established policies and procedures apply uniformly to all departments and employees of the City of Laguna Niguel.
On occasion, new policies and procedures may be established, and existing policies and procedures may be amended, to reflect the most current goals and business practices of the organization. Each employee is expected to be familiar with and utilize the most current policies and procedures over the course of their daily job duties and responsibilities.
The process to establish a new policy, or amend an existing policy, may be found in the Guide to Writing Policies.
These policies do not address every situation that may occur. Any questions or clarifications should be addressed to the Deputy City Manager or applicable Department Director.
TABLE OF CONTENTS
GENERAL
Mayor and City Council 1
Travel Expense Reimbursement 2
City Grants and Sponsorship
City Commissions and Committees
Gateway Pylon Signs Business Identification 5
Invocations at City Council Meetings 6
City Review and Responses to Orange County Grand Jury Reports 7 Government Access Channel - Laguna Niguel TV 8
Posting of Campaign Contribution & Expenditure Reports on City's Website 9 Laguna Niguel Lapel Pins 10
Social Media Policy 11
FINANCE
Banking Policy and Monitoring Program 1
Financial Reserves Policy 2
City Investment Policy 3
PARKS AND RECREATION
Facilities Use Policy 1
Delegation of Facility Use Fee Waivers 2
Naming of City Facilities 3
Naming of Public Parks 4
Sports Sponsorship Request 5
3/1/2022
MAYOR AND CITY COUNCIL COUNCIL POLICY
Adopted: 11/15/1994
Last Revised: 3/1/2022
The residents and businesses of Laguna Niguel desire a fair, ethical and accountable local government. To achieve this objective, the City has adopted the Council-Manager form of government (Laguna Niguel Municipal Code Section 2-4-1 et seq.) where the City Council sets the policy and the City Manager implements Council policy, runs the daily operation of the City and offers policy advice. City Council deliberations and actions are conducted publically and openly, unless legally confidential, in an atmosphere of respect and civility. To this end, the City Council has adopted the following policies to encourage public confidence in the integrity of local government and the operations of the City of Laguna Niguel.
A. Role of City Council Members
All members of the City Council, including the Mayor and Mayor Pro Tem, have equal votes. No one Council Member has more power than any other Council Member, and all should be treated, and treat each other, with equal respect. All Council members should strive for the following:
1. Be a role model of leadership and civility through leading by example
2. Work for the common good, not personal interests
3. Be honest and show integrity at all times
4. Fully participate in City events while demonstrating respect, kindness, positive energy, and courtesy to others
5. Work to improve the quality of life in the community
6. Be responsible and accountable to each other for adherence to the City Council Policies and Procedures
B. Election of Mayor and Mayor Pro Tem / Vacancies
In accordance with Resolution No. 2017-1226 (Attached), the City Council elects both the Mayor and Mayor Pro Tem. The term of office for both the Mayor and Mayor Pro Tem shall be for one year or until a successor is elected by the City Council. The Mayor and Mayor Pro Tem shall be elected at the second regular meeting held in November of odd-numbered years, and at the first regular meeting held in December of even-numbered years. The Mayor and Mayor Pro Tem shall take office when selected. at the first regular meeting held in December of each year.
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C. Vacancies, Resignations and Removal
In accordance with Resolution No. 2017-1226, a majority vote by the City Council may remove the Mayor or Mayor Pro Tem, with or without cause.
In the event that the City Council member holding the office of Mayor resigns or is em shall become the Mavor ant
successor, and the City Council shall select a Mayor Pro Tem to serve until the Council selects his/her successor.
In the event that the City Council member holding the office of Mayor Pro Tem resigns or is removed from that office, or vacates their office of member of the City Council, the City Council shall select a Mayor Pro Tem to serve until the Council selects their successor.
In the event that the offices of Mayor and Mayor Pro Tem become vacant simultaneously for any reason, the City Council shall select successors to those offices.
D. Duties and Responsibilities of the Mayor
The Mayor shall perform the following duties and responsibilities:
1. Serve as Chairman and Presiding Officer at all City Council meetings.
2. Conduct all City Council meetings in accordance with such policies and procedures that may be adopted by the City Council.
3. Execute all ordinances, resolutions, contracts, agreements, and other documents upon proper approval and authorization by the City Council, as required by the Laguna Niguel Municipal Code.
4. Represent the City Council as its voting delegate at meetings of the League of California Cities (State), League of California Cities (Orange County Division), Association of California Cities - Orange County, Orange County City Selection Committee, and other such organizations where the Mayor's representation is required by law or authorized by the City Council.
5. Represent the City Council, upon invitation, at official functions, community events, and other special events.
6. Formally acknowledge and respond to constituent correspondence on behalf of the City Council.
7. Select the seating order on the dais for City Council meetings, with the Mayor always being in the center.
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8. Make Council Member assignment nominations to applicable Standing and Ad Hoc City Council Committees, City Commissions and Committees, and Regional Agency Boards. Appointment to such Standing and Ad Hoc City Council Committees, City Commissions and Committees, and Regional Agency Boards requires approval of the majority of the City Council.
The City Council's Secretary will share the Mayor's ceremonial event schedule on a weekly basis with all members of the City Council so that all are aware of the events where the Mayor will be representing the City.
E. Duties and Responsibilities of Mayor Pro Tem
During any period when the Mayor is absent, unavailable or unable to perform his/her duties and responsibilities, such duties and responsibilities shall be performed by the Mayor Pro Tem.
F. Representation of City Council at Official Meetings, Functions and Community Events - Order of Succession
The Mayor shall make a good faith effort to represent the City Council and attend all meetings, functions and community events to which he/she is invited in his/her official City capacity. If unable to attend, the Mayor shall make every effort to arrange for a substitute City representative in accordance with the following order of succession:
1. Mayor Pro Tem
2. Council Members (in order of seniority)
3. City Manager or his/her designee
4. If these individuals are not available, it is up to the City Manager to determine who will represent the City.
G. Required Trainings and Conflicts of Interest
In the interest of creating a fair, ethical, and accountable local government and in remaining in compliance with all state and federal laws, the City Council will adhere to the following provisions:
1. Council Members shall complete two (2) hours of state-mandated ethics training to meet the specific requirements of AB 1234. In accordance with state law, CA Government Code 54952, Council Members will complete the training no later than one year from the first day of service with the City.
Thereafter, each Council Member shall receive the training once every two years or as prescribed by state law.
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2. City Council Members shall complete two (2) hours of sexual harassment prevention training and education within the first six months of taking office and every two years thereafter or as prescribed by state law.
H. Constituent Correspondence
On behalf of the City Council, the Mayor shall formally acknowledge and respond to constituent correspondence in accordance with the following general guidelines:
1. To the extent practical, written correspondence addressed to the Mayor and City Council shall be formally acknowledged with an appropriate written response. Copies of such correspondence as deemed necessary, including the City's response, shall be provided to each City Council Member, the City Manager and appropriate Department Directors.
2. Routine complaints and/or requests for service shall be acknowledged and forwarded to the appropriate City Department or public agency for investigation and appropriate action.
3. Correspondence related to issues or topics covered by formally adopted City Council policy or procedures shall be acknowledged and handled in accordance with such policy or procedure.
4. Correspondence related to land use applications, appeals or other matters pending before the City Council shall be generally acknowledged and forwarded to the City Clerk or appropriate City Department for inclusion in the public record.
5. Correspondence related to significant new projects, programs or policies shall be generally acknowledged and forwarded to the City Manager for consideration during City Budget and Work Program discussions.
6. Correspondence related to past City Council actions should be acknowledged with an appropriate explanation of the reason(s) for the past action.
7. The City Manager and/or designated City Department shall assist in providing a timely response to correspondence.
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8. Nothing herein shall preclude the Mayor, or any Council Member, from providing a separate individual response to constituent correspondence or corresponding with any person on matters related to City business. A copy of such correspondence shall be provided to each City Council Member and the City Manager.
I. Use of Official City Correspondence/Communications by City Council Members to Express Individual Positions on Public Policy Issues and Related Matters
City stationery and City email may be used to express the individual position of the Mayor or a City Council Member. However, such correspondence shall specifically note the position or opinion set forth in the correspondence is solely that of the author and not that of the City or City Council. Such correspondence shall be reviewed by the City Manager, or his/her designee, before distribution to ensure that the correspondence contains the appropriate disclaimer language.
J. Communication between City Council and Staff
Open communication is a common characteristic of a successful organization. In accordance with the Council-Manager form of government and best practices, the City Council works through the City Manager to gather information and to discuss ideas. However, from time to time, in the spirit of open communication and good governance, individual Council Members may want to ask questions or discuss current issues directly with Department Directors and/or department staff.
This policy honors and ensures open, ethical and candid communication amongst all levels of government. In no way should this policy be interpreted as an attempt to restrict an open channel of communication between members of the City Council and any level of City staff. This section is aligned with the principles of the council- manager form of government.
While it is acceptable and often appropriate for Council Members to share information with staff members and seek information from them, Council Members shall:
1. Channel communications through the appropriate senior City staff member, preferably the City Manager, or, if unavailable, Department Directors.
2. Be mindful that it is only appropriate to provide direction to the City Manager and staff at City Council meetings in accordance with Laguna Niguel Municipal Code Section 2-4-7.
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3. Refrain from using a tone or phrasing an inquiry to staff, either written or verbal, that makes it appear or suggests that some form of action is expected or that a directive is being issued.
4. Avoid using verbal and/or non-verbal cues that insinuate or suggest that providing such information or responding to a Council inquiry could be construed as a special privilege or favor.
5. To avoid raising concerns of misdeeds or questionable motives, Council Members must not attempt to influence City staff on the making of appointments, awarding of contracts, selection of consultants, processing of development applications, or granting of City licenses and permits except as part of City Council deliberation of a City Council agenda item.
6. Be cognizant that if it appears to a staff member that a Council Member expects some form of action, the staff member will refer the Council Member to the City Manager and advise the City Manager of such request.
7. Recognize that Staff members seeking direction on a particular inquiry from a Council Member will receive direction from the City Manager/Department Director. However, they may approach an individual Council Member for additional information or clarification, as warranted, to provide complete information to the City Manager/Department Director.
8. Keep the Department Director and City Manager informed of all direct contact with staff department and directors and be aware that staff is responsible for keeping the City Manager informed of communications with Council Members. This enables the City Manager to be aware of such inquiries if follow-up is necessary, as well as to hold staff accountable for implementing Council policies and actions.
9. Direct any advice or suggestions regarding departmental activities to the City Manager/Department Director for appropriate follow-up and response.
Council Members should never express concerns about the performance of a City employee in public, to the employee directly, or to the employee's supervisor. Comments about staff performance should only be made to the City Manager through private correspondence or conversation.
10. All City Staff members should be treated and spoken to with respect.
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11. Direction to, or requests of, City Staff are to go through the City Manager.
12. Meetings with City Staff are open to, and with the approval of, the City Manager provided the meetings do not qualify as a meeting of a City body subject to the Brown Act.
13. Members of the City Council shall notify the City Manager or his/her designee when they are unable to attend a City Council Meeting.
K. Relationship with Other Public Agencies
In the course of their duties as elected officials, Council Members will be asked to serve on Regional Boards, Commissions, and Committees. To ensure the City's best interests and official stances are conveyed, the following shall apply:
1. When a Council Member appears before another government agency or organization, the Council Member shall make it clear (1) whether his or her statement reflects a personal opinion or is the official stance of the City or (2) whether his or her statement is the majority or minority opinion of the legislative body of which he or she is a member. When representing the City, the Council Member shall support and advocate the official City position on an issue, not a personal viewpoint.
2. When representing the City Council, the Council Member's comments should reflect approved City policies. In areas where no policy has yet been developed, the Council Member's comments shall reflect the viewpoint of a majority of the City Council. If the City Council's viewpoint is unclear or not known, the Council Member should be careful not to add personal editorial comments.
L. Media Relations
Communication with the media is a vital function of local government in order to help disseminate information on City business, programs and services to the public in a timely manner. Because the City Council functions as one body (i.e., acting by a majority vote), it is important that Council Members represent the City's official position. To ensure accurate City communications, the following shall apply:
1. The Mayor is the designated representative of the City Council to speak to the media on official City business. Individual Council Members contacted by the media shall defer to the Mayor unless otherwise agreed in advance of speaking to the media.
2. All comments made to the media shall clearly represent the actions by the MAYOR AND CITY COUNCIL 7 of 14 COUNCIL POLICY
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majority of the Council as the official City position.
3. Only the City Manager, or his/her designee, can disseminate press releases on behalf of the City. Whether representing the City's position or presenting information on the City's behalf, official City Press Releases shall be drafted by the City Manager or his/her designee. The administration department will distribute the Press Release to the media.
M. Representation of City at Meetings and Conferences
From time to time, City Council Members are required to represent the City, or serve on Executive Committees regarding official City business, at a variety of meetings and/or conferences at the Federal, State or local level, as well as at various professional and trade association programs. Such attendance may include, but is not limited to, City efforts related to Federal and/or State legislation advocacy, testimony before Boards or Commissions on potential actions affecting Laguna Niguel, and other events or programs that benefit the interest of the City.
To ensure appropriate City representation by elected officials at these events and programs, the following order of attendance shall be followed:
1. The Mayor who is the designated representative of the City.
2. The Mayor Pro Tem who is the designated alternate representative of the City.
3. A Council Member who is directly participating in the subject matter through appointment to a Board, Committee, or Commission (i.e., League of California Cities Policy Committee).
4. A Council Member in order of seniority
5. An individual as determined by the majority of the City Council.
Attendance at such events is generally limited to no more than two Council Members to avoid any potential conflicts with the Brown Act. This does not apply to general training or membership meetings and conferences, such as the League of California Cities Annual Conference or the Association of California Cities - Orange County monthly programs.
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N. Agenda Items
The Mayor individually, or any two members of the City Council collectively, may request that the City Manager place an item on a City Council agenda for discussion and/or action. The City Manager shall place such items(s) on the agenda and may provide such preliminary staff analysis or commentary that he/she deem appropriate. However, the City Manager shall not allocate substantial staff time or resources to such items) without direction received from a majority of the City Council at a regular or special meeting.
1. Agenda Item Request - No Staff Report or Documentation Required If the Mayor individually, or two members of the City Council collectively, request an item be listed on the City Council agenda for discussion only and with no staff report, staff research, resolution, or other supporting documents needed to take action on the item, that request shall be provided to the City Manager no later than 10:00 a.m. on the Monday of the week prior to the City Council meeting. In the event the Monday deadline date is a City Holiday, the deadline shall be the prior Friday.
The City Manager shall list the title of the discussion item and identify the Mayor or the two Councilmember's names who made the request in the City Council report section of the agenda.
2. Agenda Item Request - Staff Report and Other Documentation Required If the Mayor individually or two members of the City Council collectively request an item be placed on a City Council agenda for discussion and/or action and that request includes a request that the item is prepared in a form for City Council action, such that the item requires staff analysis, a resolution, or both, that request shall be given to the City Manager no later than 5:00 p.m. on the day that is at least seven (7) City Hall working days prior to the City Council meeting. For example, if a City Council Meeting is scheduled for Tuesday, February 2nd, the deadline to submit an agenda item is Friday, January 22n, by 5 p.m. before any staff work is done, the City Manager will first place the title of the item and the Council Member(s) names next to it under council reports at the end of the next regularly scheduled agenda. No staff report will be prepared for that item. At the meeting, the Council Member(s) will briefly discuss the item and state why they would like it on a future agenda for discussion. If there are at least three votes to direct staff to prepare the staff report for a future agenda, then the City Manager will bring back said item with a full staff report at that time.
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The staff report will state who made the request to place the item on the agenda.
3. Agenda Item Request - Emergency, Dire Emergency or Urgent Action Item If an emergency exists, as defined in the Brown Act, such that there is a work stoppage or crippling activity that severely impairs public health, safety, or both, and prompt action is necessary due to the disruption or threatened disruption, or a dire emergency exists, such that there has been a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant, then the discussion of the response to that event permits the majority of the City Council to call an emergency meeting on one-hour notice.
If the item does not qualify as an emergency or dire emergency under the Brown Act sufficient to hold an Emergency Meeting on one-hour notice, but action on the item cannot wait until the next Regular City Council Meeting, then a Special Meeting can be called to address the item if called by the Mayor or by three members of the City Council collectively. Requests for a Special Meeting shall be made no later than two (2) City Hall working days prior to the date and time of the Special Meeting so as to allow City staff time to prepare and distribute an agenda and any associated agenda item materials no later than 24 hours prior to the Special meeting as required by the Brown Act.
Alternatively, if an item comes to the attention of the City after a Regular Meeting agenda has been posted, and there is an immediate need to take action on the item prior to the following Regular Meeting and there is insufficient time to call a Special Meeting under the preceding paragraph to address that item, the item can be added to the agenda by a motion made at the beginning of the Regular Meeting but after the Roll Call and with the affirmative vote of four Councilmembers, and once added, discussion and action on that item can be taken. In that event, the item will be presented with supporting material to the extent reasonably practicable to prepare and present within that limited period of time.
O. Council Meeting Conduct and Decorum
City Council meetings are the public forum to hear, discuss, deliberate and take action on City related business matters. It is expected that City Council meetings will be conducted in a professional, efficient, fair, ethical, candid and civil manner.
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Council Members shall adhere to the following:
1. Come to meetings prepared and with all agenda materials reviewed prior to the meeting.
2. Unless it is not possible, contact the City Manager and/or City Attorney with any questions or requests for additional information in advance of the meeting. Staff should be contacted within a sufficient amount of time before the meeting in order to be able to respond and/or conduct additional research that may be needed. Answering a question in advance of the meeting, or allowing staff sufficient time to provide supplemental information at the meeting, will likely allow the City Council to make an appropriate decision at the meeting and avoid a potential delay of City Council actions.
3. To the extent possible, corrections to minutes should be shared with the City Manager or his/her designee before the meeting so that they can be corrected before the City Council approves them.
4. Be particularly attentive to the Brown Act and laws and regulations surrounding open meetings, conflicts of interest and ethical conduct.
Contact the City Attorney prior to the meeting with any questions regarding the Brown Act or conflict of interest.
5. Show respect for fellow Council members, the community at large, staff, speaker, members of the media, and the legislative process. Do not publicly ridicule, disparage, or speak ill of others by words, actions, or innuendo, but rather share any criticisms with the City Manager or City Attorney privately.
6. During a public meeting, the City Council shall refrain from the use of all cell phones, which includes texting and emailing, to discuss any item on the City Council Meeting agenda.
7. Honor the role of the Mayor in maintaining order and equal treatment of all Council Members. Allow each Council Member to speak on an item before rebutting or providing additional discussion on a matter.
8. When at the dais, refer to fellow Council Members by title and last name, or title.
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decision-making processes with the City Manager prior to the City Council meeting. Within the confines of the Brown Act, the City Manager is responsible for sharing information equally with all Council Members who shall work with the City Manager in this regard. Any substantive information or reports created or obtained by Council Members must be shared with the City Manager in advance of the Council meeting with sufficient time for the information to be reviewed and verified.
10. Honor the action of the Council majority. Council policy direction and actions are established by a majority vote. The majority vote binds the Council and staff to a course of action which represents the City's official position on a particular action or issue. Such official position shall be clearly represented in verbal or written communications to the public.
11. The Mayor, Mayor Pro Tem and Council Members must inform the City Clerk of any extended vacation prior to leaving the City, any known upcoming absence from a City Council meeting prior to the date of the meeting, and any known delay to their timely attendance at a City Council meeting prior to the date of the meeting.
P. Resolutions of Commendation and Proclamations
Requests for resolutions of commendation and proclamations shall be handled in accordance with the following guidelines:
1. Copies of requests received from organizations and individuals shall be distributed to the Mayor and each City Council Member as deemed necessary.
2. The Mayor individually, or any two members of the City Council collectively, may request that the City Manager place a resolution of commendation or proclamation on a City Council agenda for approval.
3. Resolutions of commendation shall be prepared to acknowledge or recognize an individual or group for noteworthy community accomplishments or contributions. Resolutions of commendation shall be prepared for signature by the Mayor and each City Council Member.
4. Proclamations shall be prepared to announce, celebrate or commemorate a significant local, regional, state, national, or international event.
Proclamations shall be prepared for signature by the Mayor.
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5. When circumstances prevent the timely placement of a resolution or proclamation on a City Council agenda, an appropriate certificate or letter shall be prepared for signature and presentation by the Mayor or Mayor Pro Tem.
6. Department Directors shall receive a certificate of recognition on behalf of a department employee who is being bestowed the honor of recognition for their service to the City.
7. A plaque and/or Resolution of Commendation may be presented as recognition for an outgoing Mayor. A City Tile and Dias name plate may be presented to outgoing Council Members who complete at least one term of office. A Resolution or Certificate of Recognition will also be presented by the Mayor at a City Council meeting to the outgoing Council Member.
Q. Use of City Resources
City resources shall only be used for purposes related to City business. No City resources shall be used for political or personal purposes. For purposes of this policy:
1. "City resources" shall include, but is not limited to: City staff, City letterhead and stationery, email, telephones, copy machines, fax machines, computers, other office equipment, and office supplies and materials.
2. "Political purposes" shall mean: to support or oppose a candidate for any elective office, a recall effort against any elected official, or any initiative, referendum or ballot measure.
3. "Personal purposes" shall include political purposes and any other purpose or activity not directly related to City business.
4. Questions regarding whether a proposed use of City resources is for a purpose related to City business shall be addressed to the City Manager and/or City Attorney. If a City Council Member is dissatisfied with the determination, the matter may be referred to the City Council for a final decision
5. The Mayor and City Council Members shall not use City copying or fax machines. Copying and faxing services shall be provided by the Executive Secretary or his/her designee.
R. Performance Review of Council Appointees
Annually, the City Council shall evaluate its appointees, the City Manager and City MAYOR AND CITY COUNCIL 13 of 14 COUNCIL POLICÝ
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Attorney. Typically, the performance reviews will be conducted in August of each year and may be conducted more frequently as appropriate. The evaluation procedure is at the will and direction of the City Council and may be modified at any time. In general, the evaluation process should include the following steps:
1. In August of each year, the Mayor will place a closed session item on a City Council agenda and advise the appointees of the date and time of the performance review.
2. The City Manager and City Attorney may prepare a self-assessment, including a report on various City operations, issues and matters pertinent to their respective positions, and submit it to the City Council.
3. The Mayor and Council will meet in closed session to discuss the appointees' performance. The human resources manager may facilitate the completion of one evaluation form that represents the collective opinion of the City Council.
4. Following this discussion, the Council will conduct a closed session evaluation with the appointee to discuss the appointee's performance and future performance goals and objectives for the appointee.
5. If warranted, an agenda item will be placed on a subsequent Regular Meeting agenda to authorize the implementation of a merit increase for the City Manager or increase in the hourly billing rate for the City Attorney.
S. Review of Council Policies
This Policy shall be automatically reviewed whenever there is a change of membership of the City Council. In addition, the Mayor individually, or any two members of the City Council collectively, may request a review of the policies be placed on a City Council agenda for discussion and/or action at any time. Any amendments to the adopted policies require a majority vote of the City Council.
Attachment:
A. Resolution No. 2017-1226
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RESOLUTION NO. 2017-1226
RESOLUTION OF THE CITY COUNCIL,
OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA
REPEALING RESOLUTION NO. 2005-818 AND
ESTABLISHING PROCEDURES AND PROVISIONS
FOR THE APPOINTMENT OF THE MAYOR
AND MAYOR PRO TEM
WHEREAS, the City Council, by adoption of Resolution No. 2005-818, established procedures and provisions for the offices of Mayor and Mayor Pro Tem; WHEREAS, Resolution 2005-818 provides that the City Council shall elect both the Mayor and the Mayor Pro Tem;
WHEREAS, Resolution 2005-818 provides the Mayor and Mayor Pro Tem shall serve until a successor is elected by the City Council;
WHEREAS, Resolution 2005-818 provides that if the Mayor resigns from that office, or vacates his or her office of member of the City Council, the Mayor Pro Tem shall become and serve as the Mayor, and the City Council shall elect a Mayor Pro Tem; WHEREAS, the City Council takes legislative notice that under California law, appointed mayors and mayors pro tem serve at the pleasure of the city council in general law cities, and may be removed at will;
WHEREAS, the City Council desires to amend the selection process for both the Mayor and Mayor Pro Tem to confirm the City Council's adherence to existing law and provide express procedures for the removal of the Mayor and Mayor Pro Tem from those offices; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Laguna Niguel as follows:
1. Resolution No. 2015-818, establishing procedures and provisions for the offices of Mayor and Mayor Pro Tem, is hereby repealed.
2. The City Council shall, by a majority vote of the City Council, select the Mayor.
3. The City Council shall, by a majority vote of the City Council, select the Mayor Pro Tem.
4. The Mayor and Mayor Pro Tem shall be selected at the second regular meeting held in November of odd-numbered years, and at the first regular meeting held in December of odd-numbered year.
Resolution No. 2017-1226 Page 2
5. The Mayor and Mayor Pro Tem shall take office at the first regular meeting held in December of each year.
6. The Mayor and the Mayor Pro Tem shall hold that office for one year, at the pleasure of the City Council, unless removed pursuant to a majority vote of the City Council. A majority of the City Council may remove the Mayor or Mayor Pro Tem with or without cause.
7. If the City Council does not select a Mayor and Mayor Pro Tem at the second regular meeting held in November of odd-numbered years, or at the first regular meeting held in December of even-numbered years, the Mayor and/or Mayor Pro Tem shall continue to serve in their office until a successor is selected by a majority vote of the City Council.
8. In the event that the City Council member holding the office of Mayor resigns or is removed from that office, or vacates his or her office of member of the City Council, the Mayor Pro Tem shall become the Mayor and serve until the City Council selects his or her successor, and the City Council shall select a Mayor Pro Tem to serve until the Council selects his or her successor.
9. In the event that the City Council member holding the office of Mayor Pro Tem resigns or is removed from that office, or vacates his or her office of member of the City Council, the City Council shall select a Mayor Pro Tem to serve until the Council selects his or her successor.
10. In the event that the offices of Mayor and Mayor Pro Tem become vacant simultaneously for any reason, the City Council shall select successors to those offices.
11. This Resolution shall take effect and be applicable immediately.
TRAVEL EXPENSE COUNCIL POLICY
REIMBURSEMENTS Adopted: 3/7/2006
Last Revised: 4/16/2019
A. Purpose
California Government Code Section 53232.2, effective January 1, 2006, requires that any local agency that reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties adopt a written policy specifying the types of occurrences that qualify a member of the legislative body to receive payment and/or reimbursement of expenses relating to travel, meals, lodging, and other actual and necessary expenses.
B. Policies
1. Scope
The Council adopts this Travel Expense Reimbursement Policy (the "Policy"). This Policy shall apply to members of the City Council, all City appointed officers and employees, all members of City commissions, committees and boards, and contract personnel (which are collectively referred to herein as "City officials" and individually referred to as "City official" or "official").
2. Authorized Expenses
Expenses for travel, meals, lodging, and other actual and necessary expenses incurred in connection with the following types of activities are authorized expenses. The City shall pay these expenses or reimburse an official for the expenses paid by the official if there is compliance with the requirements of this Policy.
a. Communicating directly or indirectly with representatives of local, county, regional, state and federal government of City adopted policy positions and/or matters affecting the City
b. Attending educational conferences and seminars designed to improve an official's expertise and information levels, including, but not limited to, ethics training required pursuant to California Government Code Section 53234
C. Participating in local, county, regional, state and national organizations whose activities affect the City's interests, such as the League of California Cities and the Southern Association of Governments ("SCAG")
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d. Attending meetings involving City business, including breakfast, lunch and dinner meetings
e. Attending City sponsored events
f. Attending events sponsored by other public agencies or community organizations that provide services available to residents of the City
All other expenditures require prior approval by the City Council at a public meeting. Expenses incurred for international travel require prior Council approval.
3. Unauthorized Expenses
Examples of personal expenses that the City will not reimburse include, but are not limited to:
a. The personal portion of any trip
b. Political contributions or events
c. Family expenses, including expenses for partners and children when accompanying an official on City business
d. Charitable contributions or events, unless the event has a direct relationship to City business
e. Personal entertainment expenses that are not part of a professional or educational conference or seminar. Personal entertainment includes theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf- related expenses), or other cultural events
f. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline
g. Personal losses incurred while on City business
h. Alcohol purchases
Any questions regarding the propriety of a particular expense should be resolved before the expense is incurred.
4. Expense and Reimbursement Guidelines
For expenses for travel, meals, lodging and other actual and necessary expenses incurred in connection with the above-listed activities to be paid either directly by the City or to be reimbursed to a City official, there must be compliance with the following guidelines.
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In the event that expenses are incurred which exceed these guidelines, the City will only pay for or reimburse an official the amount of the expenses that fall within the guidelines.
a. Transportation
The most economical mode and class of transportation
reasonably consistent with scheduling needs of the official and the most direct and time-efficient route must be used. In the event that a more expensive transportation form or route is used, the City will only pay the cost of the most economical, direct and time- efficient transportation form. Government and group rates offered by a provider of transportation services shall be used when available and when they don't exceed other more economical rates.
Automobile mileage is reimbursable at the Internal Revenue Service rates in effect at the time that the expense is incurred.
These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, though these are reimbursable. Mileage
reimbursement is not available to individuals receiving an automobile allowance.
Reasonable and necessary charges for public transportation, taxi or shuttle service are reimbursable at actual cost.
Rental vehicles may be used during City travel outside of Orange County. Rental vehicles may be used when the efficient conduct of City business precludes the use of other means of
transportation, or when car rental is the most economical mode available.
b. Lodging
Actual lodging costs will be paid for or reimbursed when travel on official City business reasonably requires an overnight stay. If such lodging is in connection with a conference or organization educational activity, lodging costs shall not exceed the group rate published by the conference or activity sponsor, provided that the group rate is available at the time of booking.
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Government and group rates offered by a provider of lodging services shall be used when available.
In the event that government or group rates are not available at the given time or in the given area, the market lodging rate in the area is presumed reasonable and, hence, reimbursable. This rate shall be adjusted annually to reflect changes in the cost of living for Orange County.
Lodging reimbursement is allowed when traveling over 75 miles one way from City Hall or the traveler's residence. Exceptions can be made when traveling under 75 miles one way from City Hall or the traveler's residence when the traveler's attendance is required at any early morning or late evening event, or it is known beforehand that traffic will cause travel to last over a reasonable amount of time.
c. Meals
Meal expenses and associated gratuities should be moderate, taking into account community standards and the prevailing restaurant costs of the area. The City will pay the actual cost of the meals. The City will not pay for alcohol/personal bar expenses. Reimbursable meal expenses and associated
gratuities will not exceed $75 per day. This rate shall be adjusted annually to reflect changes in the cost of living for Orange County. d. Other Expenses
City officials will be reimbursed for actual and reasonable expenses incurred for the following:
Telephone and facsimile expenses incurred on City
business. Telephone bills should identify which calls were made on City business
ii. Parking
iii. Bridge and toll fees
iv. Baggage handling fees
V. Registration and tuition for conferences and seminars.
Expenses for which City officials receive reimbursement from another agency are not reimbursable.
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5. Expense Report Content and Submission Deadline
Expense reports must document that each claimed expense meets the requirements of this Policy. Original receipts documenting each expense must accompany the expense report. Receipts for gratuities and tolls under $5 are not required.
The City Manager shall develop an expense report form. The expense report form must be used for claiming reimbursement.
All expense reports must be submitted within 90 days of the claimed expenses being incurred
Inability to provide the required documentation in a complete and timely fashion may result in the expense being borne by the official.
Claims for expense reimbursement shall, prior to payment, be reviewed and approved by the City Finance Director and the City Manager. The decision by the City Manager to approve or deny an expense claim shall be final.
6. Reports to Governing Board
As required by Government Code Section 53232.3(d), at the following Council meeting, each Council Member shall briefly report on conferences and meetings attended at City expense. If multiple Council Members attended, a joint report may be made. Members of City commissions, committees and boards, shall report the attendance at conferences and meetings at their following commission, committee or board meeting.
7. Public Records
All documents related to reimbursable agency expenditures are public records subiect to disclosure under the California Public Records Act.
8. Violation of this Policy
Violations of this Policy, including falsifying expense reports, may result in disciplinary action, including, but not limited to the following:
a. Loss of reimbursement privileges
b. Restitution to the City
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CITY GRANTS COUNCIL POLICY
AND SPONSORSHIPS Adopted: 11/14/2018
Last Revised: 4/16/2019
The purpose of this policy is to provide guidelines and procedures for the City's Grants and Sponsorships Program. This policy outlines the mission and operating parameters of the program and provides guidance on the application process, qualifications for funding, approval process, and the role of the City/CDBG Grant Sub Committee in this program.
All grants and sponsorship funds will be held in reserve until specific funding requests and recommendations are reviewed and approved by the City Council.
A. School-Based Activity Sponsorship Requests
The City may provide sponsorships of school-based activities for special programs and projects not fully funded by other funding sources. The City Council gives preference to sponsorship requests that benefit large groups of students or students who need financial assistance in order to participate in the activity. As part of the annual budget process, the City Council determines the amount of funds each year to support school-based activities as it deems prudent and reasonable.
These funds are held in reserve until specific funding requests and recommendations are reviewed and approved by the City Council. Awards are granted on a first come, first serve basis. Each sponsorship program approved by the City Council is designed to serve a specific purpose, meet a community goal, or fill a gap in programs and services available to residents. Typical school-based activity sponsorship requests include Grad Nite, Homework Club and special school-based events and programs that arise during the school year such as Destination Imagination or Robotics competitions.
1. Grad Nite
Each year, both Aliso Niguel and Dana Hills high schools provide Grad Nite activities for graduating seniors. This event is planned by parents, with no funding from the School District. The event is intended to provide a safe and sober way for teens to celebrate their graduation. The City's contribution helps to keep the cost to the graduating students as low as possible and provides funding for scholarships for those who cannot afford to attend.
The City Council has traditionally granted $2,000 to 3,500 per year, per school, to the Dana Hills High School Grad Nite Committee and the Aliso Niguel High School Grad Nite Committee. Both committees annually send letters to the City requesting these funds. When the letter is received, a staff report is prepared and placed on a future City Council agenda for City Council consideration of the funding request.
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2. Homework Club
Homework Clubs at Niguel Hills Middle School, Aliso Viejo Middle School, Dana Hills High School and Aliso Niguel High School provide after school homework assistance for students. Teachers stay after school to provide this tutorial assistance. The City provides funds to the schools based on the actual cost of payments paid to teachers for participating in this program, in a not to exceed amount determined during the annual City grant process.
CUSD provides periodic billing to the City for these services.
Traditionally, this has not been a competitive program and no grant application has been required. Historically, $22,000 per year is for this program.
3. Holiday Parade Band Sponsorship
Traditionally, each Capistrano Unified School District high school band that participates in the annual holiday parade receives $1,000. The sponsorship covers the cost of transportation to the parade route, uniform cleaning and miscellaneous instrument repairs. The parade is enhanced by having the bands that provide variety to the parade lineup for the enjoyment of all.
4. Special School-Based Events and Programs
From time to time, various non-profit and school groups approach the City Council for funding for a variety of special programs, activities and projects (i.e., Destination Imagination). These requests are generally placed on a City Council agenda, with a presentation from the requesting organization.
The Council generally grants these requests, with sponsorships usually ranging from $750 - $1,500. Funding is provided for these requests each year through the annual budget process.
B. Community Services and Cultural Arts Grants
appropriates funds as it deems prudent and reasonable to award grants to non- CITY GRANTS AND SPONSORSHIPS 2 of 4 COUNCIL POLICY
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1. Policy
a. Organizations must provide services in Laguna Niguel for City residents, and/or provide services for students attending schools that serve City residents.
b. Organizations must have a current non-profit status to be considered for funding.
c. Grants shall not be available to organizations who intend to directly or indirectly act as a conduit to provide the grant funding to other organizations. Grants to organizations that are primarily philanthropic in nature, i.e., those who fundraise on behalf of other organizations, shall be considered restricted grants to be used solely for the purposes for which the grant was made. xceptions may be granted if the organizations can demonstrai at arant funds will be used by the requesting organization for specific project benefiting Laguna Niguel residents.
d. Requests for funding for capital improvements and ongoing operation, and maintenance activities shall generally not be awarded. Exceptions may be granted at the discretion of the City Council.
e. Applications may be submitted at any time prior to the annual submission deadline. Late applications will be held over to the next funding period.
2. Procedures
a. The City Council shall appoint two of its members to serve on the City/CDBG Grant Sub Committee. This Sub Committee reviews all applications and funding requests and presents its
recommendations to the full City Council.
b. Following adoption of the annual City budget and meeting of the Sub Committee, the
c. City Council shall consider the Sub Committee recommendations and approve final grant awards.
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C. Community Special Events Grants
The City Council recognizes the importance of community-wide special events that bring various cultural and recreational opportunities to the City. As part of the annual budget, the City Council shall appropriate funds as it deems prudent and reasonable to award grants to charitable and non-profit organizations that wish to offer special events for the benefit of the community.
1. Policy
a. Organizations must be a charitable or non-profit organization to be eligible for funding.
b. The event must be a major community event primarily for the benefit of Laguna Niguel residents.
c. The number of events funded under this program shall be limited to three per fiscal year.
d. Events will be considered for funding on a first come, first serve basis.
e. No more than $5,000 per fiscal year shall be awarded for any event.
f. Funding shall first be used to offset the costs of City-incurred expenses, such as Police and Public Works costs. Remaining funds may be used to defray other event related expenses. g. Upon being awarded funding, an organization shall provide insurance certificate naming the City of Laguna Niguel as additionally insured
h. If the event includes the service of alcohol, awardee shall comply with all applicable laws and regulations.
2. Procedures
a. A completed application form must be submitted to the City prior to consideration for funding.
b. The City/CDBG Grant Sub Committee shall review all
applications and present its recommendations to the City Council. c. The City Council shall consider the Sub Committee
recommendations and approve final grant rewards.
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CITY COMMISSIONS COUNCIL POLICY
AND COMMITTEES Adopted: 5/15/2007
Last Revised: 4/16/2019
The City of Laguna Niguel has a number of Commissions and Committees whose members are appointed by the City Council on an annual basis. The purpose of this policy is to establish consistent practices related to soliciting applications, interviewing candidates that desire to be considered for a City Commission or Committee position, and establishing norms and structures related to Committees and Commissions.
A. Military Support Committee
On April 3, 2007, the City Council adopted Resolution No. 2007-877 establishing the Laguna Niguel Military Support Committee. Municipal Code Section 2-3-3 indicates that it is the City Council policy that no person shall be a member of more than one Commission, Board or Committee, except in extraordinary circumstances. Due to the unique nature, role and member makeup of the Military Support Committee, the City Council has waived this policy for persons seeking to serve on the Military Support Committee.
B. Late Applications
1. Late applications for City Commissions and Committees will not be accepted.
2. The City Clerk's office will respectfully decline to accept late applications for City Commissions and Committees.
C. Extension of Application Period
At the conclusion of the application period, if the number of applicants for each City Commission, Board or Committee is less than the number of vacancies, the application period will be extended until the number of applications equals the number of vacancies.
D. Videoconference Interviews/Waiver of Interviews
The City Clerk's office schedules appointments for interviews with the City Council and notifies applicants of their interview date and time. If an applicant is not available to attend an interview at their scheduled interview time, the following options will be provided:
1. An interview may take place via telephone, Skype/Zoom, or similar videoconferencing mechanisms at the time scheduled for the applicant's interview for the following extenuating circumstances:
a. Illness
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b. Illness of a family member
C. I Death in the family
d. Being out of the area
2. The City Clerk's office will accept a written request for an interview waiver by incumbents only for the following extenuating circumstances:
a. Illness
b. Illness of a family member
c. Death in the family
d. Being out of the area
E. Commission and Committees Formation
The City Council may establish, by ordinance or resolution, a Commission or Committee as they deem necessary and may determine the duties and responsibilities of such Commission/Committee. All Commissions/Committees are subject to the Commission/Committees' respective Articles set forth in Title 2, Division 3 of the City's Municipal Code. Ad Hoc Committees comprised solely of City Council Members are not subject to Title 2, Division 3 of the City's Municipal Code as outlined in Ordinance No. 2019-198.
F. Preparation of Commission/Committee Correspondences
Any official correspondence deemed necessary by a City Commission/Committee shall be presented by the department assigned as staff to that Commission/Committee and shall be reviewed by the department head or his/her designee prior to transmittal. Regular City letterhead shall be used for such correspondence.
G. Appointment of Committee and Commission Members
Appointment of all Commission and Committee Members shall be made by the City Council as outlined in their respective Articles set forth in Title 2, Division 3 of the City's Municipal Code. To ensure a fair and ethical selection process, the following shall apply:
1. No member of a Commission or Committee shall, at the time of appointment or during the term of office, hold a position or office in another entity or organization which creates a conflict of interest with respect to the member's service on the Commission/Committee.
2. All appointments shall take place following the provisions set forth in the Brown Act.
3. The City Council shall vote on all appointments and seats on each Commission and Committee as outlined in Title 2, Division 3, Article 3 of the City's Municipal
4. The appointment of all Commission and Committee Members shall align with the City's adopted Ordinance on Conflicts and Favoritism.
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TOP VAGUN
GATEWAY PYLON SIGNS COUNCIL POLICY
BUSINESS IDENTIFICATION Adopted: 4/16/2019
POLICY
The City Council has previously approved the Laguna Niguel Gateway Master Sign & Way-Finding Program which provides for the phased implementation of new sign elements within the Specific Plan area. As part of that effort, installation of two pylon signs along the I-5 freeway was completed in August of 2018. This policy establishes criteria and procedures for inclusion of businesses identified on City pylon signs.
A. General
Installed City signage includes two 63-foot-high freeway-oriented double-sided pylon signs. The signs are located at the AT&T and Laguna Niguel GMC Cadillac sites, along the east side of Camino Capistrano abutting I-5, at the north and south ends of the Gateway area respectively. The pylon signs are intended to further positive branding of the City, provide attraction to businesses within the Gateway area, and provide direction to visitors. As such, the pylon signs include the City name, Gateway logo, freeway exit direction, and up to six panels per side for potential Gateway business identification.
B. Business Identification Panel Design
To promote maximum visibility and continuity, the following guidelines shall apply to the design of business identification signage:
• Text Specifications and Location: Text size and colors shall be consistent with City Council approved specifications. Text shall be centered on the respective panel. One line of copy should be used unless two are necessary due to the length of the business name.
• Font Style and Logos: To ensure readability and continuity, the use of brand specific logos and specialized fonts is prohibited
C. Business Identification Criteria
The names of all businesses and center within the Gateway area are eligible for inclusion on the pylon signs. However, given that sign space is limited, the following criteria shall be considered in prioritizing business identification requests:
• Conforming commercial/public use under the Gateway Specific Plan • Tax revenue generation
• Commercial/public use of regional interest
• Freeway-oriented food and gas uses
• Lack of visibility from major rights-of-way
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D. Requests for Business Identification Installation/Removal Requests for business identification installation or removal from City pylon signs shall be submitted in writing to the Community Development Department for concept review.
E. Business Identification Installation
Upon City approval of business identification in-concept, the Public Works Department shall coordinate final sign design and installation, with all related costs to be borne by the business owner. Prior to sign installation, the business owner shall sign off on the sign plans indicating approval of the sign plans as presented.
F. Fee
Inclusion of business identification on City pylon signs is a significant part of the City's Gateway economic development effort. Therefore, no initial approval or annual fee shall be required in connection with business identification.
G. Business Identification Removal
Business identification sign copy displayed on pylon signs shall be assessed every two years by the City's Community Development Department. A business name shall be removed as soon as feasible under the following conditions:
• The business owner requests removal
The business is no longer located within the Gateway area • The business had moved lower on the criteria prioritization list, and there are more candidates than spots
• As recommended by the Community Development Director as part of the City's biennial sign copy assessment
H. Pole Sign Removal
As entitlement conditions of approval tied to removal of former freeway-oriented pole signs, the following businesses shall be provided the opportunity for identification on one or both of the City pylon signs:
• Laguna Niguel GMC Cadillac-GMC (PC Reso. No. 12-17)
• Arco, ampm, CNG (Amd. No. 2 to SP 00-11)
• Camino Capistrano Business Center - American Tire Depot & O'Shea Brewing Company (PC Reso. No. 11-11)
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INVOCATIONS AT COUNCIL POLICY
CITY COUNCIL MEETINGS Adopted: 2002
Last Revised: 4/16/2019
In 1993, the City Council adopted the practice of invocations being given at City Council meetings. In 2002, the City Council adopted the "Guidelines for Invocations at Laguna Niguel Council Meetings". The Guidelines were amended in 2011 to remove previous restrictions on the content of invocations.
In Marsh v. Chambers, 463 U.S. 783 (1983), the United States Supreme Court held that legislative prayers (invocations) given at public meetings, such as city councils, do not violate the prohibition on the establishment of religion contained in the First Amendment to the United States Constitution. In that case, the Supreme Court specifically stated that the content of invocations is not of concern to judges where there is no indication that the prayer opportunity has been exploited to proselytize or advance any one, or to disparage any other, faith or belief.
A. Guidelines
The Council has established the following guidelines related to invocations at City Council meetings.
1. Invocations should not proselytize, advance or disparage any religion or belief.
2. Invocations should not extol the attributes of any specific religion or belief, or attempt to convince the listeners to subscribe to any specific religion or belief.
3. The time limit for an invocation is three minutes.
4. Presenters should be sensitive to the issues on the agenda for the particular meeting and the emotional concerns of those in attendance.
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CITY REVIEW AND RESPONSES COUNCIL POLICY
TO ORANGE COUNTY GRAND Adopted: 10/17/2006
JURY REPORTS Last Revised: 4/16/2019
From time-to-time, the Orange County Grand Jury issues reports on local government operations and issues. Depending on the subject matter of the reports, certain public agencies and/or public officials may be required to respond to specific findings and/or recommendations made by the Grand Jury. The City Council has established the following Policy regarding City responses to Grand Jury findings and recommendations.
A. Policy
1. Upon receipt of a Grand Jury Report requiring a City Response to Findings and/or Recommendations, a copy of the Grand Jury Report shall be provided to each City Council Member and the City Manager.
2. The City Manager shall provide a copy of the Grand Jury Report to any department director or City employee whose assistance may be necessary to prepare the City's Draft Response.
3. The City Manager shall prepare a Draft Response to the Findings and/or Recommendations and place the Draft Response on a City Council meeting agenda. The Draft Response shall be presented to the City Council in a timely manner to permit City Council review, modifications and approval.
4. Based on the City Council's review and direction, the City Manager shall prepare and submit the City's Final Response to the Orange County Grand Jury. The City's Final Response may be signed by the Mayor or City Manager, unless the Grand Jury has requested a response from another City official or employee.
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GOVERNMENT ACCESS COUNCIL POLICY
CHANNEL LAGUNA NIGUEL TV Adopted: 11/5/2013
1989
Last Revised: 4/16/2019
The purpose of this policy is to provide guidelines and procedures for the operation and programming of the City of Laguna Niguel's Government Access Cable Channel - Laguna Niguel TV. The policy outlines the mission and operating parameters of Laguna Niguel TV and provides guidance on programming selection, restrictions on programming, minimum technical standards, and operating procedures.
A. Introduction
Laguna Niguel TV is a 24-hour Government Access Channel programmed and operated by the City of Laguna Niguel under the direction of the City Manager or his/her designee. Laguna Niguel TV is restricted to use by the City of Laguna Niguel and is not available for use by the general public.
Through the Cox Communications Franchise Agreement, Laguna Niguel TV is carried on the basic tier of service. A digital copy of Laguna Niguel TV is also carried on Cox Communications Digital Cable Channel 853. In addition, Laguna Niguel TV is also carried on AT&T U-Verse Channel 99 utilizing the designation "LNTV City Programming." All references to Laguna Niguel TV throughout the remainder of this document include reference to Cox Digital Cable Channel 853 and AT&T U-Verse Channel 99.
B. Objectives of Municipal Programming
1. To make public proceedings and events more accessible to Laguna Niguel residents by providing live, gavel-to-gavel coverage of City Council meetings, other selected public meetings, and events of general community interest as designated by the City Manager.
2. To share public information on City topics such as emergency preparedness, water quality, public safety, City projects, and other important public information.
3. To widen dissemination of information on City services, activities and events, and to expand community awareness of local government and its decision- making processes.
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4. To promote community events through the Digital Community Bulletin Board that are conducted by non-profit organizations and sponsored or supported by the City of Laguna Niguel.
5. To provide outside programming that is informative to Laguna Niguel residents.
C. Channel Designation
The City of Laguna Niguel's Government Access Channel shall be known as Laguna Niguel TV and will operate on Cox Communications Cable Channel 853.
A digital copy of Laguna Niguel TV will air on Cox Communications Digital Cable Channel 853. In addition, Laguna Niguel TV will operate on AT&T's U-Verse Channel 99.
D. Programming Types Defined
The following different forms of programming may be telecast on Laguna Niguel TV provided such programming meets all the requirements of this Policy Statement:
1. Live Cablecast
Live coverage will be provided, generally consisting of City Council meetings and events of general community interest as designated by the City Manager.
2. Tape Delayed Cablecast
Public meetings and events may be recorded for cablecasting at a later time.
3. City Produced Programming
Programs may be produced by City staff to illustrate the function or operations of City government. These programs could either be live or delayed cablecasts.
4. Outside Resource Programs
Programs produced and distributed by Federal, State or Local government agencies and programs about local community events produced and distributed by non-profit organizations when the event is sponsored or supported by the City. Non-profit organizations must provide a non-profit identification number and a copy of the non-profit certification. The copy will be placed on file at Laguna Niguel City Hall.
5. Digital Community Bulletin Board
The Community Digital Bulletin Board may be used by federal, state and local government agencies to display messages. Non-profit organizations may Government Access Channel 2 of 8 COUNCIL POLICY
Laguna Niguel TV 4/16/2019
also submit messages to be displayed on the Digital Community Bulletin Board in order to publicize local community events that are sponsored or supported by the City. Written bulletin board submissions must be provided to the City Manager or his/her designee at least two weeks in advance of the event or start of service.
E. Programming Policy
There will be no public access programming permitted on Laguna Niguel TV. Laguna Niguel TV is the City's cable television station. All content on Laguna Niguel TV is subject to review and approval by the City Manager or his/her designee in accordance with this Policy. The City, by allowing the broadcast of programs and the display of messages on the Digital Community Bulletin Board by other government agencies and certain nonprofit organization, is not a public forum. The City of Laguna Niguel reserves the right to refuse to broadcast any program or any information submitted for display on Laguna Niguel TV that does not meet the requirements of this Policy.
1. Public Meetings
Public meetings of the City Council are authorized for cablecast. Meetings of Laguna Niguel Commissions or Committees may be cablecast as authorized by the City Manager.
2. City Produced Information Programming
All City departments may submit programming requests for the government access channel. Any such requests are subject to review and will be accepted as budget and staffing allows. Only programs consistent with this Policy will be cablecast. City departments must verify in writing that they have obtained authorization to use any copyrighted material.
3. Pre-produced Recordings
Pre-produced recordings by federal, state or local government agencies and pre-produced recordings about local community events sponsored or supported by the City and submitted by non-profit organizations may be accepted for cablecast as programming space allows. All pre-produced recordings must comply with this Policy.
4. Digital Community Bulletin Board
The Digital Community Bulletin Board is defined as a text and graphics electronic message board used to display messages that are of public interest or publicize a local community event. The Digital Community Bulletin Board Government Access Channel 3 of 8 COUNCIL POLICY
Laguna Niguel TV 4/16/2019
may be used by Federal, State and Local government agencies to display messages. Non-profit organizations may submit messages for display on the Digital Community Bulletin Board to publicize local community events that are sponsored or supported by the City. Messages submitted shall be consistent with the intent of this Policy Statement.
The appropriateness of messages will be reviewed for consistency with this Policy Statement and messages may be edited accordingly.
Information for display on the Digital Community Bulletin Board must be submitted in writing on the approved form available on the City's website at www.cityoflagunaniguel.org or at the front reception counter of City Hall.
Messages for special events should include the following:
• Organization Name
• Event
• Date of Event
• Time of Event
• Location of Event
• Fee
Contact name and daytime telephone number
• Website (if applicable)
Anticipated airing of a request will be two weeks after receipt. Messages will be accepted on a first come, first served basis and aired as space allows. Messages will be removed the day after the scheduled event. The City of Laguna Niguel reserves the right to decline any request that does not fall within this Policy Statement.
User priority for the Laguna Niguel TV Digital Community Bulletin Board is established to provide the most equitable use of available space in the event that heavy demand results in space limitation. The order of priority for messages on the Digital Bulletin Board is as follows:
a. Time-dated or essential City of Laguna Niguel information as determined by the City Manager or designee. Non-essential or standing information may be removed in the event of space limitation, and will be reinstated when space permits.
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b. Non-profit organizations conducting events within the City limits that are sponsored or supported by the City.
c. Non-profit organizations conducting events outside of the City limits that are sponsored or supported by the City.
5. Copyright Restrictions
Programs containing copyrighted materials will not be cablecast without proper copyright authorization. Organizations submitting copyrighted material for cablecast are responsible for obtaining and providing all necessary copyright clearances and permissions in writing to the City of Laguna Niguel, prior to airing. Organizations submitting programming for cablecast shall defend indemnify and hold the City, its officers and agents, harmless in any case of any alleged copyright infringement.
F. Editing Policy
1. Cablecast of City of Laguna Niguel public meetings will not be edited or subjected to editorial comment. Meeting coverage will be from gavel to gavel.
2. Programming prepared by or provided by individual City departments will be modified or edited as necessary to comply with this Policy Statement.
3. Information programmed into the Digital Community Bulletin Board may be edited to improve clarity.
4. The City of Laguna Niguel, its officers, employees and agents, shall not warrant the accuracy of any information cablecast over Laguna Niguel TV.
G. Omissions and Errors
Should human or technical error result in the cablecast of incorrect information over Laguna Niguel TV, the City will issue a correction or retraction as necessary.
The City of Laguna Niguel, its officers and agents, shall not be liable for the inaccuracy of the information.
H. Restricted Programming
Laguna Niguel TV is under the authority of the City of Laguna Niguel. The City of Laguna Niguel recognizes the programming content restrictions imposed on Laguna Niguel TV by the Federal Communications Commission, by prevailing community standards, and by applicable federal, state and local laws. Laguna Niguel TV will not telecast:
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1. Public Access Programming
Laguna Niguel TV is a government access channel and does not accept programming submissions from the general public.
2. Political Programming and Individual Statements
Laguna Niguel TV will not be utilized for the direct or indirect promotion of any elected official or candidate.
Request for access to Laguna Niguel TV for the purpose of advocating a personal view point or policy will be denied.
Specific advertising messages on behalf of or opposing any political candidate or any direct advocacy messages, including specific promotional messages, on behalf of or opposing any ballot measure, proposition, initiative, recall or referendum shall not be permitted.
Candidates for elected office shall not be shown on Laguna Niguel TV, from the date the Registrar of Voters certifies them as a qualified candidate until after the election, except as a participant at a public meeting or at a City sponsored or supported event, such as the Mayor's State of the City address.
Laguna Niguel TV is exempt from providing equal opportunities to a candidate under section 76.205 of the Rules and Regulations of the Federal Communications Commission (FCC) for time incumbents spend on the channel when performing the routine duties of their position. This includes participation at regular and special sessions of the City Council, other public meetings and genuine news events.
3. Commercials
There will be no commercial advertising or other information that promotes the sale of any product or service offered, except for promotional announcements for City sponsored or supported events.
4. Lotteries
Advertising or other information concerning any lottery, gift enterprise or similar promotion is prohibited
5. Defamatory Material
Any material that includes or constitutes libel, slander, invasion of privacy, violations or infringements of trademarks or copyrights, obscene, or salacious material shall not be permitted.
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6. Indecent of Obscene Content
There will be no presentation of programming content that is indecent, obscene or illegal.
7. Promotion of the Sale of Alcohol, Tobacco or Drugs
Programs that promote the sale or use of alcohol, tobacco, or drugs will not be permitted.
8. Legal Violations
Any material which violates applicable federal, state or local laws will not be permitted.
I. Use of City Programming and Equipment
All programming produced by the City, its officers and agents, will become property of the City. Programs produced by contract agents of the City will be the property of the City and will not be sold or commercially distributed without the written permission of the City.
Use of City-owned equipment and related production facilities will be restricted to City use and operation by City employees, officers or approved agents of the City.
Loaning of equipment for personal use will not be permitted or authorized J. Programming Acquisition and Exchange
Liaison and exchange with other local governments involved in programming and cablecasting will be established and maintained. Cooperative arrangements and agreements with local educational programmers, broadcasters, cable companies and other production groups may be established for efficient operations and communications in the community.
K. Retention of Recorded Events and Programs
The City Clerk's office will keep cablecast master videotapes of City Council meetings for a minimum of two (2) years. The meeting tapes are not the official record of the meeting. Videotapes and DVD's may be recycled after being maintained for the minimum amount of time.
Programming produced and cablecast will be kept as long as deemed necessary by the City. Raw, stock footage of events will be maintained solely at the discretion of the City.
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Programming accepted for cablecast from other sources may be retained for repeat cablecasting at the discretion of the City unless other arrangements are made in writing. Upon request, videotapes will be returned to the owner/producer after the final cablecast. Unreturned tapes may be recycled for other programming.
L. Duplication
Duplication of City produced meetings can be purchased from the City Clerk.
Other City produced tapes may be made available for purchase.
M. Use of Municipal Channel During Emergencies
Government use of Laguna Niguel TV during emergencies and disasters declared by the City Manager of the City of Laguna Niguel, or his/her designee, has absolute priority over other programming. During such emergencies or disasters, Laguna Niguel TV shall be permitted to accept live, taped, character- generated and audio information from other governmental or non-governmental entities when such announcements are deemed by the City or other appropriate governmental entity to provide important public information pertaining to the emergency, disaster or other scenario that requires protection of the health, safety and welfare of the public.
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POSTING OF CAMPAIGN CONTRIBUTION COUNCIL POLICY
AND EXPENDITURE REPORTS Adopted: 4/18/2006
ON CITY'S WEBSITE Last Revised: 4/16/2019
The posting of campaign contribution and expenditure reports for all candidates of local elective office provides an important information service to local voters. Making such information available on the City's website also provides openness and transparency to the local election process. On April 18, 2006, the City Council adopted a policy to make campaign contribution and expenditure reports for City Council elections available on the City's website, commencing with the November 7, 2006 election. On May 2, 2006, the City Council adopted Resolution No. 2006-840 memorializing that policy.
A. Policy
The following policy has been established regarding posting of campaign contributions and expenditure reports on the City's website:
1. Campaign contribution and expenditure reports for elections to City Council shall be posted on the City's website, commencing with the November 7, 2006 City election, and shall apply to all subsequent City Council elections.
2. All campaign contribution and expenditure reports filed with the City of Laguna Niguel in conjunction with City Council elections, including but not limited to statements of organization, reports disclosing campaign contributions and expenditures, reports disclosing independent expenditures, and candidate intention statements shall be posted on the City's website.
3. All reports filed by candidates for City Council, and all reports filed by Council Members for years in which they are not candidates for election to the City Council shall be posted on the City's website.
4. All reports filed by existing Council Members, including reports for the elections at which they were elected or reelected to the City Council shall be posted on the City's website.
5. The address of campaign contributors shall be redacted from the reports posted on the City's website.
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The City Manager and City Clerk are responsible for implementing and administering this policy.
Attachment:
A. Resolution No. 2006-840
CAMPAIGN CONTRIBUTION AND 2 of 2 COUNCIL POLICY
EXPENDITURE REPORTS 4/16/2019
RESOLUTION NO. 2006-840
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ADOPTING A POLICY OF POSTING
CAMPAIGN CONTRIBUTION AND EXPENDITURE REPORTS
ON THE CITY'S WEB SITE
WHEREAS, the City Council, at its regular meeting of April 18, 2006, unanimously, on a vote of 5 to 0, adopted a policy of posting campaign contribution and expenditure reports for City Council elections on the City's web site, commencing with the Novembe 7, 2006, City Council election; and
WHEREAS, posting the campaign contribution and expenditure reports on the City's web site will further the openness and transparency in City government by making the information on these reports more readily available to members of the public; and WHEREAS, it has been requested that the policy decision made by the City Council at its April 18, 2006, meeting be reflected in a resolution adopted by the City Council.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Laguna Niguel as follows:
The City Council hereby adopts the following policy.
a. Campaign contribution and expenditure reports for elections to City Council shall be posted on the City's web site, commencing with the November 7, 2006, Cityelection.
This policy applies to all campaign contribution and expenditure reports filed with the City of Laguna Niguel in conjunction with City Council elections, including, but not limited to statements of organization, reports disclosing campaign contributions and expenditures, reports disclosing independent expenditures, and candidate intention statements.
This policy applies to the November 7, 2006, City Council election and all subsequent City Councilelections.
d. The policy applies to all reports filed by candidates for City Council and to all reports filed by Council Members for years in which they are not candidates for election to the City Council.
e. All reports filed for existing Council Members, including reports for Resolution No. 2006-840 Page
the elections at which they were elected or reelected to the City Council, shall be posted on the City's web site.
The address of campaign contributors shall be redacted from the reports posted on the web site.
The City Manager and the City Clerk are directed to implement this policy as soon as possible.
PASSED, APPROVED AND ADOPTED this 2nd day of May, 2006.
ATTEST:
Debbie A. Lee, CMC City Clerk
LAGUNA NIGUEL LAPEL PINS COUNCIL POLICY
Adopted: 4/1/1993
Last Revised: 4/16/2019
A. Policy
The City Council has established the following policies regarding the distribution of Laguna Niguel Lapel Pins.
1. Lapel pins shall be presented by the City Councils to members of each City board, commission, and committee upon appointment.
2. Lapel pins shall be presented by the City Council to each county, state and federal legislative representative upon election.
3. Lapel pins shall be presented by the City Council to each full-time and non- seasonal part-time City employee upon appointment.
4. Lapel pins may be presented, at the discretion of the City Council, to visiting government officials, dignitaries and special guests as a gesture of community goodwill and friendship (i.e., elected or appointed officials from other districts, states or countries).
5. Lapel pins may be presented, at the discretion of the City Council, to Laguna Niguel residents, groups or organizations that officially represent the community at out-of-town events, ceremonies or competitions (i.e., Mrs. USA, Academic Decathlon, Little League World Series).
6. The City Council shall designate the Mayor and/or other Council Members) or their respective designee to officially present the lapel pin(s) to the applicable recipients) on behalf of the Laguna Niguel City Council.
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BANKING POLICY AND COUNCIL POLICY
MONITORING PROGRAM Adopted: 2/4/1997
Last Revised: 4/16/2019
A. Purpose
The purpose of the City's Banking Policy and Monitoring Program is to provide guidelines and procedures for monitoring and evaluating the financial condition and performance of commercial banks with which the City conducts business.
B. Policy
It is the policy of the City of Laguna Niguel to conduct business and maintain public agency accounts only with commercial banks which meet FDIC mandated capital ratio requirements for all national and state member banks.
C. Objectives
The objectives of the Banking Policy and Monitoring Program are for City Staff to:
1. Protect public funds by conducting business and maintaining public agency accounts only with commercial banks which meet FDIC mandated capital ratio requirements.
2. Periodically obtain and review public information related to the financial condition and performance of the City's bank(s).
3. Monitor and evaluate performance of the City's banks) over time to identify early warning signs or problematic trends.
4. Promptly report to the City Council, and to the Investment, Banking and Audit Committee, the financial trends or conditions which might warrant a change of banking relationships.
D. Monitoring Program and Procedures
The Monitoring Program for the City's bank(s) shall include, but not be limited to, the following administrative procedures and practices:
1. Obtain copy of Call Reports (Consolidated Reports of Condition and Income upon their submission to the Federal Financial Institutions Examination Council (Quarterly).
2. Obtain copy of Local Agency Securities Report from banks and third- 1 of 3
party custodians to confirm compliance with public agency deposit collateralization requirements (Quarterly).
3. Inquire if bank is subject to any Regulatory Agreement, Memorandum of Understanding (MOU), Cease and Desist Order, or Prompt Corrective Action Notice from State or Federal regulatory agencies, and obtain copies (Annually).
Subscribe to an independent bank rating service (i.e., Sheshunoff, Bauer, Veribanc).
5. Monitor and track trends in the four (4) key Capital Ratios used by the FDIC regulators: Total Risk-Based Capital Ratio (total capital to total risked-based assets), Tier 1 Risk-Based Capital Ratio (tier 1 capital to total risked-based assets), Common Equity Tier 1 Capital Ratio (common equity tier 1 capital to total risked-based assets) and Tier 1 Leverage Ratio (tier 1 capital to average total assets) (Quarterly).
6. Monitor and track trends in loan delinquencies (delinquent loans to net worth and delinquent loans to all loans) and charge offs (net YTD charge offs annualized to loans) reported in the quarterly Call Reports (Quarterly).
7. Review each company's 10-K annual report for the Reports of Independent Registered Public Accounting Firm noting any material weaknesses in internal control over financial reporting (Annually).
E. Reporting Requirements
The reporting requirements under this Monitoring Program shall include, but not be limited to, the following:
1. Provide Summary Report and Comparative History of Key Ratios and/or most current Independent Bank Rating Services report to Investment, Banking and Audit Committee as part of regular agenda. The Agenda shall include copies of Schedule 28 RC-R -Regulatory Capital from the Call Report.
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2. Immediately advise the City Council, and the Investment, Banking and Audit Committee, if banks) fails to meet the Federal regulatory requirements for the "Adequately
Capitalized" category.
3. Promptly advise the City Council, and the Investment, Banking and Audit Committee, of other financial trends or conditions that might warrant a change of banking relationships.
F. Delegation of Authority
The City Manager, or his/her designee, shall be responsible for performing the duties and responsibilities set forth in this Banking Policy and Monitoring Program.
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FINANCIAL RESERVES POLICY COUNCIL POLICY
Adopted: 7/6/2004
Last Revised: 6/1/2021
A. Fiscal stability is an important factor for all cities. Sound financial management includes the practice and discipline of maintaining adequate reserve funds for known and unknown contingencies. Such contingencies and occurrences include, but are not limited to:
• Cash flow requirements
• Economic uncertainties including downturns in the local, state or national economy
• Local emergencies and natural disasters
• Loss of major revenue source
• Unanticipated operating or capital expenditures
• Uninsured losses
• Tax refunds
• Future capital projects
• Vehicle and equipment replacement
• Capital asset and infrastructure repair and replacement The establishment of prudent financial reserve policies is important to ensure the long-term financial health of the City.
B. Applicability
This policy will apply to the City General Fund.
C. Reserve for Financial and Economic Uncertainty
The City will maintain a Reserve for Financial and Economic Uncertainty equal to no less than 50% of annual General Fund operating expenditures. City Council approval shall be required before expending any portion of the Reserve for Financial and Economic Uncertainty. Unforeseen circumstances that may require an expenditure of such amounts include, but are not limited to natural disasters, unforeseen deficiencies of a major revenue source, or unexpected operating or capital expenditures.
If any circumstances noted above occur, and the Reserve for Financial and Economic Certainty falls below the City Council policy designated level of 50% of annual General Fund operating expenditures, all excess Unassigned fund balance in future years shall first be used to replenish the Reserve for Financial and Economic Uncertainty until it reaches the policy designated level of 50% of General Fund operating expenditures. The City Council shall replenish the 1 of 3
Reserve for Financial and Economic Uncertainty prior to expending unassigned fund balance for other purposes.
D. Reserve for Compensable Accrued Unused Vacation and Sick Leave The City will maintain a Reserve for Compensable Accrued Unused Vacation and Sick Leave based on estimated long-term liabilities on June 30 of each fiscal year.
E. Reserve for Other Post-Employment Benefits
The City will maintain a Reserve for Other Post-Employment Benefits (OPEB) equal to 60% of the OPEB liability on June 30 of each fiscal year.
F. Reserve for Unfunded Pension Liability
The City will fund a Reserve for Unfunded Pension Liability, in the form of a Section 115 Pension Trust. A contribution to the trust shall be considered annually by the City Council during the budget process.
G. Reserve for Deferred Maintenance, Capital Assets, and Infrastructure Replacement
The City will maintain a Reserve for Deferred Maintenance, Capital Assets and Infrastructure Replacement. After allocating General Fund balance to the Reserve for Financial and Economic Uncertainty and City Council designated projects and purposes, any remaining fund balance shall be apportioned to the Reserve for Deferred Maintenance, Capital Assets and Infrastructure Replacement as follows: 75% to Streets and 25% to Other Capital Assets and Infrastructure. It is the long-term goal of the City to build and maintain this reserve in an amount equal to the estimated replacement cost of all City capital assets and deferred maintenance at the end of their design life and to use this reserve for such replacement.
H. City Council Designation of Reserves
The City Council may designate portions of General Fund unreserved fund balance for future capital projects, continuing or carry-over appropriations from prior fiscal years for operating or capital expenditures, or any other municipal purpose that the City Council deems prudent or necessary.
I. Annual Adjustment of Reserve Levels
Reserve levels will be adjusted annually in accordance with this policy. Reserve levels will be set at the end of each fiscal year in conjunction with the preparation of the City annual financial statements.
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J. Annual Review of Policy
The City Council shall annually review the Financial Reserve Policy, and consider such changes, if any, that it deems appropriate. Such review shall occur in conjunction with the review and adoption of the annual City Budget and Capital Improvement Program.
K. Comprehensive Annual Financial Report
In accordance with generally accepted accounting principles and practices, all classifications of General Fund balance will appear in the Notes to Financial Statements of the Comprehensive Annual Financial Report and be classified in accordance with GASB 54.
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CITY INVESTMENT POLICY
COUNCIL POLICY
Adopted: 12/5/1995
1989
Updated: 7/20/2021
A. Purpose
The purpose of the City's Investment Policy is to provide guidelines and limitations for the responsible management of the City's funds that are available for investment.
B. Scope
This investment policy applies to all financial assets of the City, including all cash and investments accounted for in the following funds:
• General Fund
• Special Revenue Funds
• Capital Projects Funds
• Internal Service Funds
• Trust and Agency Funds
• Debt Services Funds
• Any new fund created by the City Council
C. Policy
It is the policy of the City of Laguna Niguel to invest public funds in a manner which will provide the maximum security of principal consistent with a market rate while meeting the cash flow needs of the City and conforming to all applicable State and City statutes governing the investment of public funds. Every effort will be made to match investment maturities to cash flow needs.
D. Objectives
The primary objectives, in priority order, of the City of Laguna Niguel's investment activities shall be:
1. Safety: Safety of principal is the foremost objective of the City. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of the capital in the overall portfolio.
2. Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated.
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3. Return on Investment: The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. The average return on the State Treasurer's Local Agency Investment Fund shall be considered the City's benchmark for conservative investment transactions, and shall constitute the performance standard for the City portfolio's rate of return.
E. Prudence
The standard of prudence to be used in the investment function shall be the "prudent investor" rule, as defined in Government Code Section 53600.3, which states: "When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law." F. Delegation of Authority
The City Treasurer is designated as the investment officer of the City, and is responsible for investment management decisions and activities. All investment transactions shall be authorized by the City Treasurer. This annual delegation of authority is subject to renewal by the City Council pursuant to Government Code Section 53607.
G. Authorized Investments and Limitations
Investment or deposit of City funds shall be governed by Government Code Sections 53600 and 53630 et. seq., and shall be further limited to the following authorized investments and instruments:
1. United States Treasury Bills, Notes and Bonds
Maximum Amount: No limit
Maximum Maturity: Five years from date of purchase
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2. Direct Obligation Federal Agency Securities or United States Government- Sponsored Enterprise Obligations (allowable under Government Code Section 53601(f))
Securities of the following Federal agencies/Government-Sponsored Enterprises (GSE's) are permitted investments: Federal Home Loan Bank, Federal Farm Credit Bank, Federal National Mortgage Association and Federal Home Loan Mortgage Corporation.
Maximum Amount: 60%
Maximum Maturity: Five years from date of purchase
Maximum Issuer Limit: 25%
3. State of California Local Agency Investment Fund
The Local Agency Investment Fund (LAIF) is a voluntary investment alternative for California's local governments and special districts authorized by the California Government Code. The LAIF is managed by the State Treasurer's Office with oversight by the Local Agency Investment Board.
All securities in LAIF are purchased under the authority of Government Code Sections 16430 and 16480.8. The State Treasurer's Office purchases all securities on a delivery versus payment basis using a third-party custodian.
All investments are purchased at market, and market valuation is conducted The LAIF is part of the State Treasurer's Pooled Money Investment Account (PMIA). The MIA Investment Policy is guided by the goals of: (1) Portfolio safety/diversification; (2) Liquidity; and (3) Yield. The PMIA Investment Policy is attached.
Maximum Amount Allowed: $40 million or 55% of the City's total investment portfolio, whichever is less.
4. Collateralized or Insured Money Market Accounts and Demand Deposits with City's Primary Banks
Maximum Amount: No limit
Maximum Maturity: Not applicable
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5. Insured Certificates of Deposit
The City may invest funds in FDIC insured certificates of deposit issued directly by banks or savings and loans chartered by the federal or California government. he City may also place funds directly with a commercial bank avinas bank, savings and loan association, or credit union that uses a private sector entity to assist in the placement of certificates of deposit as authorized by California Government Code Section 53601.8.
Maximum Amount: 30%
Maximum Maturity Value per Institution for investments maturing is $250,000 or the lesser of the current FDIC insured limit.
Maximum Maturity: Five years from date of purchase
6. Money Market Mutual Funds
Investment in money market mutual funds shall be limited to investments in U.S.
Treasury Securities only.
Maximum Amount: 20%
Maximum per Investment: 10%
7. Orange County Investment Pool
As provided for in California Government Code Section 53684, the local agency may invest excess funds which are not required for immediate use. The OCIP is a pooled fund managed by the Orange County Treasurer pursuant to California Government Code Section 53601 and 53635 with oversight from the County's Treasury Oversight Committee. All securities in the OCIP are held by a third party custodian.
Maximum Amount Allowed: $40 million or 55% of the City's total investment portfolio, whichever is less.
8. Section 115 Pension Trust
The City may invest funds in a Section 115 Pension Trust. The City may invest Pension Trust funds in mutual funds, as allowed under Government Code Sections 53601(l) and 53601.6(b).
Maximum Amount: 20% of the City's investment portfolio
Limitation on investments as identified under this section will apply to the City's investment portfolio at all times. If for any reason, an investment exceeds a stated limitation. the City has 90 days in which to bring the investment portfolio back into compliance.
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H. Portfolio Diversification
It is the policy of the City to diversify its investment portfolio. Invested funds shall be diversified to minimize the risk of loss resulting from over concentration of assets in a specific maturity, specific issuer, specific financial institution, or specific class of securities.
I. Mitigation of Market Risk
In order to minimize market risk and eliminate reliance on interest rate forecasting, it is the policy of the City to structure its investment portfolio as a maturity ladder.
The City shall use LAIF, OCIP, and other short-term investments, with a maturity of one year or less, to maintain sufficient liquidity to meet the City's short-term operating, capital and contingency requirements. As a general guideline, the balance of the portfolio should be invested in, and evenly distributed between, instruments with maturities of one to five years, unless in the opinion of the Investment, Banking and Audit Committee, City staff, and/or professional investment advisors, economic circumstances and/or the interest rate environment warrant an alternative investment approach. Specific instruments may be purchased to meet identified and scheduled capital expenditures.
J. Prohibited Investments
The following investments are prohibited by City investment staff; provided, however, that this provision shall not be construed as a prohibition on investment in the LAIF and OCIP investment pools:
1. Any form of leveraging or purchase of derivative instruments
2. Any investment issued by the Government National Mortgage Association
3. Any mortgage pass-through security, collateralized mortgage obligation mortgage-backed or other pay-through bond
4. Any inverse floaters
5. Any range notes
K. Authorized Securities Broker/Dealers
The City shall maintain a listing of financial institutions, which have been approved by the City Council for investment purposes. All approved securities broker/dealers shall be primary dealers designated by the Federal Reserve Bank of New York.
Before engaging in investment transactions with an approved broker/dealer, the City shall have received from said firm a signed certificate form. The document will certify that the firm has reviewed the City's Investment Policy and agrees to disclose potential conflicts or risks to public funds that might arise out of business transactions between the firm and the City. All financial institutions shall agree to CITY INVESTMENT POLICY 5 of 7 COUNCIL POLICY
UPDATED 7/20/2021
undertake reasonable efforts to preclude imprudent transactions involving the City's funds.
L. Use of Professional Investment Managers
The City Treasurer, with approval from the City Council, may employ the services of professional investment managers to assist in the management of the City's investment portfolio. Such managers may be granted the discretion to purchase and sell investment securities in accordance with this Investment Policy. Such managers shall have: (1) an established professional reputation for asset or investment management; (2) knowledge and working familiarity with State and Federal laws governing and restricting the investment of public funds; (3) substantial experience providing investment management services to local public agencies whose investment policies and portfolio size are similar to those of the City; and (4) professional liability (errors and omissions) insurance and fidelity bonding in such amounts as are required by the City. Such managers shall be registered under the Investment Advisers Act of 1940. Such managers shall only be retained by written agreement with the City, and approved by the City Council. Professional service proposals shall be solicited from at least three (3) qualified persons or firms in accordance with the City's purchasing policies and procedures. A professional investment manager may only be granted discretion to purchase and sell securities if the City Treasurer exercises prudence in the selection of the manager, imposes suitable safeguards to prevent abuse in the exercise of discretion by the manager, and remains responsible for any investment decisions made by the manager with respect to the funds of the applicable local agency.
M. Use of Independent Investment Advisors
The City Council may retain the services of an independent investment advisor to review the investment program from time to time. The adviser will review compliance with policies and procedures, independently calculate the market value of the City's holdings, report on overall portfolio risk exposure and investment results, and make recommendations, if needed, regarding investment strategy or any aspect of the investment program.
N. Competitive Bids
A minimum of two offers or quotations will be obtained prior to the completion of investment transactions with authorized financial institutions. This does not apply to authorized investment pools.
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O. Safekeeping and Custody
All investment securities purchased by the City, or by a professional investment manager for the City, shall be held in third-party safekeeping by a custodial financial institution, as permitted under Government Code Section 53608. Securities held will be evidenced by safekeeping receipts. All security transactions shall be conducted on a delivery-versus-payment (DVP) basis.
P. Internal Controls
The City shall establish a system of written internal control policies and procedures, which shall be reviewed annually by the independent auditor. The controls shall be designed to prevent loss of public funds due to fraud, error, misrepresentation, unanticipated market changes or imprudent actions.
Q. Reporting
The City Treasurer shall submit monthly investment reports to the City Council. The report shall be provided to the City Council within thirty (30) days, or the next available City Council meeting, following the end of the month covered by the report. The report shall contain a summary of investment transactions including:
investment types, percent of portfolio, yield, purchase date, maturity date, issuer or institution, par and dollar amount invested, market value, source of market valuation, the portfolio's average weighted yield and maturity, and a description of any local agency funds or investments under the management of contracted parties.
The report shall include a statement of compliance of the portfolio to this Investment Policy, or the manner in which the portfolio is not in compliance.
The report shall include a statement denoting the ability of the City to meet its expenditure requirements for the next six months, or provide an explanation as to why sufficient money shall, or may, not be available.
The report shall include a copy of the corresponding monthly report or statement from the City's third party safekeeping custodial bank.
If the City has any money invested in the LAIF and OCIP investment pools, the report shall include a copy of the most recent report or statement from the investment pool(s).
R. Investment Policy Review
The City's Investment Policy shall be reviewed and adopted by the City Council on an annual basis. Prior to City Council review and adoption, the policy shall be reviewed by the City Investment, Banking and Audit Committee, which shall recommend any modifications that it deems appropriate.
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COUNCIL POLICY
SOCIAL MEDIA POLICY
Adopted: {Date}
1989
The City of Laguna Niguel utilizes social media sites to post matters of public interest regarding City and community programs, activities, news stories and photos, and to provide members of the public with a platform to engage with the City of Laguna Niguel.
The City's social media sites are not the primary method of communication with the City, and any questions, notices or requests for City services must be made via official communication methods identified on the City's website, or by traditional methods of notification recognized by the City.
A. Purpose
The Social Media Policy ("Policy") serves to establish the appropriate use of online social media sites, (including, but not limited, to Facebook, Twitter, Instagram, and Nextdoor), for City related communication, business, and marketing, as well as guidelines related to social media commenting.
B. Scope
The City Council adopts this Social Media Policy. This Policy shall apply to members of the City Council, all City appointed officers, employees, all members of City commissions, committees, contract personnel, and members of the public, as is appropriate.
C. Social Media Use by Members of City Council and City Commissions and Committees
This Policy is intended to help members of the City Council and members of City Commissions and Committees (hereinafter referred to as "Members" and individually referred to as "Member") address issues related to their use of social media in connection with their activities as public officials of the City while complying with legal requirements and limitations that arise from their membership on the City Council or on a City Commission or Committee.
1. By adopting this Policy, it is not the City's intention to unnecessarily restrict the ability of a Member to have a personal online presence or mandate what they shall or shall not say. At the same time, this Policy is intended to help guide Members to comply with legal restrictions imposed by California laws, and specifically the Brown Act, that regulate the communications of Members of the City Council, City Commissions, or City Committees.
2. Two or more Members shall not discuss or respond to posts on social media sites relating to a topic within the subject matter jurisdiction of the City Council, SOCIAL MEDIA POLICY 1 OF 5 COUNCIL POLICY
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Commission, or Committee. To comply with this requirement, Members shall follow these guidelines:
a. Except as provided in Paragraph "b" below, and for compliance with amendments to the Brown Act related to social media posting (Government Code Section 54952.2 (b)(3)(A), two or more Members of the same body (City Council, Commission, or Committee) shall not post or respond to a post that has been made, posted or shared with any other member of the same body on the same subject within the jurisdiction of that body. If the post has not been made or shared with any other members of the same body, then not more a quorum of the body may respond to the post. If a Member notices that another Member of the same body has already made, posted or shared information about a matter of City business before that body prior to postings on that topic, the Member shall not provide his or her own post on that same topic or respond with "like" or similar responses that convey a viewpoint about another post or posts on that same site and on the same topic. Similarly, if the post was not made by or shared by a member of the same body, not more than a quorum of the members of the body may respond to the post.
b. Notwithstanding the limitations of Paragraph "a" above, any Member may respond to any post from a person who is not a Member of the same body by merely acknowledging that he or has read it, or by providing basic factual information or a referral to documents if that information has already been provided to the Member at a prior meeting of the body or if the information is publicly available on the City's website or in City Hall. In addition, any Member may respond to a post by providing a referral to the responsible City staff person or persons who may provide information on the subject or by forwarding or otherwise transmitting the post or the connects thereof to City staff for purposes of suggesting a City response to the post. If a Member is asked why only two Members has responded to posts and other Members have not, any Member may post a response that explains that this Policy and the Brown Act precludes additional Members from posting on the same topic. c. When posting a response on social media, Members should be mindful that other Members may read his or her post. For this same reason, posts by a Member on the same topic should not be forwarded to other Members of the same body.
d. When matters are pending before the City Council or before a Commission, or Committee, Members of that body shall refrain from sharing viewpoints or facts SOCIAL MEDIA POLICY 2 OF 5 COUNCIL POLICY
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on social media that have not already been shared at a meeting of that body, and particularly prior to a decision to be made by the City Council, Commission, or Committee.
3. Members should avoid communications on their personal social media accounts that may be construed as official City Business. Members should limit their personal social media accounts to personal relationships but then also refrain from posting about City activities, cross-posting between personal and official accounts, sharing their official positions, and communicating with constituents on their personal social media accounts.
a. It a Members uses a personal social media account, the Member should be careful not to inadvertently include references to issues within the subject matter jurisdiction of their respective body of the City Council, Commission, or Committee.
4. If a Member uses a personal social media account, or a social media account owned by a third party such as his or her employer, the Member may be asked by City staff to provide copies of the Member's social media posts that relate to matters of City business. The Member shall only be required to provide copies of the Member's social media posts to City staff when those posts are sought by a member of the public in a request for public records and only when those posts are within, or potentially within, the scope of the request for public records. When requested by City staff, the Member is required to forward those requested posts to City staff within the time periods specified by City staff. Any questions about the City's policy and practices for responding to public records requests should be directed to the City Clerk, City Manager, or City Attorney.
5. All posts by Members that relate to matters of City business shall, to the extent the Member has the ability to control the retention of their posts, be retained for two (2) years unless otherwise provided in the City's Record Retention Policy.
Copies of the Records Retention Policy may be obtained from the City Clerk.
6. Members should avoid sharing facts, opinions, or viewpoints on quasi-judicial matters that are presented to the body on which the Member serves (City Council, Commission, or Committee) through social media posts or responses to posts before, during or after the public hearing on the matter. A "quasi-judicial" matter is, for example, an application or request for a variance, CUP, or other type of decision in which the City Council, Commission, or Committee must base its decision on whether the application or pending matter satisfies criteria or meets SOCIAL MEDIA POLICY 3 OF 5 COUNCIL POLICY
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required findings or approval.
7. City-established and managed social media sites shall not be used by Members for campaigning for office, to advocate for or against ballot measures, or for personal purposes.
8. Members shall not use City-sponsored or managed social media sites to conduct activities related to their own businesses.
D. Comment Guidelines
The City of Laguna Niguel welcomes engagement, discussion and questions, and seeks to maintain an online community that is civil and appropriate for all ages. Comments posted to a City's social media site by a Member, or by a member of the general public, will be monitored to ensure that they adhere to the guidelines stated below.
1. The City disclaims any and all responsibility and liability for any materials that the City deems inappropriate for posting which cannot be removed in a timely manner.
2. Comments made by members of the public on any City social media sites are the opinion of the commenter only, and publication of a comment does not imply endorsement of, or agreement by, the City of Laguna Niguel, nor do such comments necessarily reflect the opinions or policies of the City of Laguna Niguel.
3. The City reserves the right to restrict or remove any content that is deemed in violation of this Policy or any applicable law. Any articles, messages, posts, comments, images, videos or other content containing, but not limited to, any of the following, shall not be allowed and may be removed as soon as possible:
a. Comments not related to the original topic or containing random or unintelligible information.
b. Profane, obscène, violent, or sexual content.
c. Comments which promote or foster discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation. d. Threats to any individual or organization.
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e. Comments in support of, or in opposition to, any political candidate, campaign, ballot measure, or proposition.
f. Advertisement or solicitation of business for any service or product. g. Encouragement of illegal activity.
h. Information that may compromise the safety, health, or security of the public or public systems.
i. Content that violates a legal ownership right or interest.
All social media sites that the City participates with are owned and operated by third party entities not affiliated with the City of Laguna Niguel. The City of Laguna Niguel does not endorse any link or advertisements placed on social media platform by the social media site or its vendors or partners.
Any comments or content posted or submitted on a City social media site or personal identifying information for the page's users and visitors may be public records subject to disclosure pursuant to GC 6250 et. Seq. Public disclosure requests must be directed to the City Clerk's Office.
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ATTACHMENT B
Resolution No. 2022-1380 Adopting Updates to
City Council Policies and Procedures
RESOLUTION NO. 2022-1380
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL,
CALIFORNIA, ADOPTING UPDATED CITY COUNCIL
POLICIES AND PROCEDURES
WHEREAS, the City of Laguna Niguel first adopted City Council Policies and Procedures on November 12, 1994; and
WHEREAS, the Laguna Niguel City Council Policies and Procedures have been established by the City Council, City Manager, and Department Directors to promote organizational efficiencies and consistency in the delivery of City programs and services; those estatishes, y the pily es acid to general a cover a bro, to see or a fre operations; and
WHEREAS, the established policies and procedures apply uniformly to all departments and employees of the City of Laguna Niguel; and WHEREAS, on occasion, new policies and procedures may be established, and existing policies and procedures may be amended to reflect the most current goals and business practices of the organization; and
WHEREAS, the Laguna Niguel City Council desires to update the City Council Policies and Procedures; and
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Laguna Niguel:
Section 1. The document entitled "City Council Policies and Procedures," attached hereto as Attachment A to this Resolution, will improve organizational efficiency and further aid in the delivery of City programs and services, and is hereby adopted. The policies and procedures contained therein will supersede and control over any prior City adopted policies on the same subject.
PASSED, APPROVED AND ADOPTED this 1st day of March, 2022.
Elaine Gennawey, Mayor
ATTEST:
Thy Merritt, Deputy City Clerk
Attachment:
A: City Council Policies and Procedures
ATTACHMENT A
CITY COUNCIL POLICIES AND PROCEDURES