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Additions for the Menifee Municipal Code proposed by Ordinance are shown in Exhibit A to the attached Ordinance.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Ordinance Amending Title 11, Chapter 11.20
2. Riverside County Ordinance 695
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ORDINANCE NO. 2023-___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, ADDING SECTION 11.20.200 TO CHAPTER 11.20 OF TITLE 11 OF THE MENIFEE MUNICIPAL CODE ESTABLISHING
SPECIFIC REGULATIONS FOR ABATEMENT OF HAZARDOUS
VEGETATION FOR VACANT PARCELS
WHEREAS, on December 5, 2018, the City Council of the City of Menifee adopted Ordinance No. 2018-254, replacing Chapter 11.20 relating to the abatement of public nuisances; and
WHEREAS, while Chapter 11.20 does identify hazardous vegetation, it does not specifically reference hazardous vegetation abatement for vacant parcels or the necessary remedies for vacant parcels; and
WHEREAS, since the founding of the City, staff has relied on adopted Riverside County Ordinance 695 to pursue the abatement of public nuisances caused by hazardous vegetation on vacant parcels within the City; and
WHEREAS, the City recently lost an appeal of a citation for hazardous vegetation on a vacant parcel due to the adopted ordinance referring to “Unincorporated” areas and a requirement to issue a Notice of Violation in addition to a Notice of Abatement; and WHEREAS, the City Council believes that specifying regulations for the abatement process within Menifee Municipal Code 11.20 for hazardous vegetation would be in the best interest of the citizens of Menifee and is important to the overall quality of life in the City; and
WHEREAS, the City Council desires to add Section 11.20.200 within Chapter
11.20 of Title 11 of the Menifee Municipal Code, establishing regulations specific to abatement of hazardous vegetation on vacant land; and
WHEREAS, City Council finds and declares that the proposed amendment to Menifee Municipal Code Chapter 11.20 is not a “project” pursuant to the California Environmental Quality Act (“CEQA”).
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:
Section 1.Section 11.20.200, as shown in Exhibit A, is hereby added to Chapter
11.20 of Title 11 of the Menifee Municipal Code.
Section 2.The City Council finds that this Ordinance is exempt from CEQA pursuant to State CEQA Guidelines section 15060(c)(2) and 15061(b)(3) in that the amendments to the Municipal Code are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will they have the potential of creating a significant effect on the environment.
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Section 3.Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
Section 4.Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 5.Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause to be published as required by law.
This Ordinance was introduced and read on the ____ day of _______ 2024, and PASSED, APPROVED, AND ADOPTED, this __ day of ___________, 2024.
Bill Zimmerman, Mayor
ATTEST:
Sarah A. Manwaring, City Clerk
Approved as to form:
Jeffrey T. Melching, City Attorney
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Exhibit A
TITLE 11
CHAPTER 11.20
SECTION 11.20.200
NUISANCE ABATEMENT FOR HAZARDOUS VEGETATION
(A) In addition to the definitions in Section 11.20.010, the following definitions apply to the City’s hazardous vegetation and rubbish abatement program:
(1) FIRE CHIEF means the Fire Chief of the County of Riverside or their designee.
(2) HAZARDOUS VEGETATION includes vegetation that is flammable and endangers the public safety by creating a fire hazard including but not limited to seasonal and recurrent weeds, stubble, brush, dry leaves, and/or tumbleweeds. (3) RUBBISH includes, but is not limited to, trash or refuse consisting of uncontained paper, cardboard, wood, dry grass or brush, dirt, plastic, rubber, metal or ceramic wreckage, glass, junk, disassembled automobiles, machinery, or parts thereof, or any other discarded material which may be combustible or deleterious to the public health, safety, or welfare, or any material which by reason of its location and/or character may hamper or interfere with the prevention or suppression of fire upon the premises or adjacent premises.
(B) It shall be unlawful, and is hereby declared a public nuisance, for the owner(s), lessee(s), or occupant(s) of vacant real property within the City to maintain, permit, or allow such premises to be maintained in such a condition where weeds, hazardous vegetation, or rubbish negatively affect the public health, safety, or welfare. It is also hereby declared the duty and responsibility of the owner(s), lessee(s), and occupant(s) of vacant real property within the City to prevent and abate any and all conditions of weeds, hazardous vegetation or rubbish that negatively affect the public health, safety, or welfare. (C) It shall be the duty of every owner, lessee, and occupant of vacant real property within the City, parcel of land or interest therein which is in the City to clear therefrom, including sidewalks and parkways adjacent to such property, all weeds, hazardous vegetation and rubbish.
(D) The City Manager and/or Fire Chief shall have authority to declare violations of this section and to enforce the same against the owner(s), lessee(s) and occupant(s) of the property upon which such conditions exist.
(E) The City Manager and/or Fire Chief shall enforce the duty set forth in this section hereof, to issue a Notice of Abatement for Hazardous Vegetation by personal service or by mailing the notice by certified mail to the property owner as his or her name appears on the most recent equalized assessment roll and to the address as shown in the records of the County Assessor. The notice shall contain:
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(1) A reasonable description of the lot or parcel of real property upon which the violation exists;
(2) A reasonable description of the violating conditions constituting the nuisance;
(3) The relevant standards for maintenance, prevention, and abatement of weeds, hazardous vegetation, and rubbish;
(4) Reference to this section;
(5) An order to remove the violating conditions and bring the property into compliance within 30 calendar days;
(6) A description of the consequences of failure to comply as prescribed in this section; and
(7) A statement that a written appeal may be filed with the City Clerk. (F) The requirement of subsection C of this section shall be satisfied if the owner, lessee, or occupant clears the property by disking, mowing, or any other method described in said notice as follows:
(1) A one hundred (100) foot wide strip of land at the boundary of a vacant property adjacent to a roadway; and/or
(2) A one hundred (100) foot wide strip of land around structure(s) located on an adjacent improved parcel (some or all this clearance may be required on the vacant property depending upon the location of the structure on the improved parcel).
The Fire Chief may at any time require more than a one hundred (100) foot width or less than a one hundred (100) foot width for the protection of public health, safety, or welfare of the environment. The determination for appropriate clearance distances will be made based upon a visual inspection of the property and shall consider all factors that place the property or adjoining structure(s) at risk from an approaching fire. These factors shall include local weather conditions, fuel type(s), topography, and the environment where the property or adjoining structure(s) is located.
The removal of vegetation need not exceed that set forth in the Notice of Abatement for Hazardous Vegetation or grading permit in accordance with Menifee Municipal Code Chapter 8.26, Grading Regulations.
(G) All appeal and hearing procedures for a Notice of Abatement for Hazardous Vegetation shall be governed by the provisions of Section 11.20.080 for a Notice of Abatement. Failure to file a timely and proper written appeal shall constitute a waiver of the right to appeal and a failure to exhaust administrative remedies. (H) If after 30 days from the date the Notice of Abatement for Hazardous Vegetation was issued the nuisance upon the property has not been abated and no written appeal has been filed, City personnel and/or contractors may enter the 5 4
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property, subject to requirements of law, and take such action as is reasonably necessary to abate the nuisance.
(I) The City shall keep an itemized accounting of the associated costs incurred by the City to abate the nuisance. All abatement and administrative costs incurred by the City may be recovered by any manner authorized by law, including by lien or special assessment pursuant to the procedures set forth in Section 11.20.160 and
11.20.170.
(J) Abatement of any nuisance under this section may, in the discretion of the City, be contracted to an outside contractor. Should the City contract the abatement process, the City may assign its interest in collecting payment for the work to the contractor which performed the work, as payment to the contractor.
Ord. 695 – Page 1
ORDINANCE NO. 695
(AS AMENDED THROUGH 695.4)
AN ORDINANCE OF THE COUNTY OF RIVERSIDE
AMENDING ORDINANCE NO. 695 REQUIRING THE
ABATEMENT OF HAZARDOUS VEGETATION
The Board of Supervisors of the County of Riverside ordains as follows:
Section 1. Ordinance No. 695 is hereby amended in its entirety to read as follows:
Section 1
. FINDINGS.
A. It is the intent of the Board of Supervisors th at this ordinance shall apply to the abatement of hazardous vegetation on u nimproved property;
B. Riverside County generally has an arid climate conducive to wildfires and is prone to periodic Santa Ana wind e vents. Many of the County’s native and non-native plant species ca n be highly flammable during normal dry periods and have contri buted to significant wildfires within the County. Santa Ana wind events further exacerbate the fire danger and have resulte d in catastrophic fire losses to life, property and the environment;
C. Riverside County has a diverse and complex land scape which includes deserts, mountains and other brush covered wildlands which are home to many rare and sensitive plant and animal species;
D. The Board of Supervisors has recognized the imp ortance and uniqueness of this diverse and complex landscape th rough its adoption and implementation of the Western Riversid e County Multiple Species Habitat Conservation Plan and the Coachella Valley Multiple Species Habitat Conservation Plan w hich preserves land for the protection of these species;
E. Of paramount importance to the Board of Supervi sors and the citizens of Riverside County is the protection of l ives and property from the threat of fire and the safety of fire and law enforcement personnel during wildfires; and
F. It is the purpose of this ordinance to establis h a hazardous vegetation abatement program that protects the live s and property of the citizens of Riverside County while at the sa me time protecting rare and sensitive plant and animal spec ies and the environment.
Ord. 695 – Page 2
G. The Board of Supervisors finds that hazardous v egetation or combustible material poses a danger to the health, safety and welfare of the residents in the vicinity of any rea l property located throughout the territory of the County of Riverside for the reasons set forth above. Therefore, all hazardous vegetation or combustible material located on real property within the territory of the County of Riverside is deemed a public nuisance and poses a h azard to the safety of the landowners, residents in the vicinity , users of public highways and to the public generally.
Section 2
. DEFINITIONS.
A. Abate and/or Abatement . An act used to remove, destroy, eliminate, seize, impound, or any action taken to m itigate a public nuisance.
B. Abatement Costs
. Any and all costs incurred by the County of
Riverside to abate the hazardous weeds or combustib le material on any property pursuant to this ordinance, including physical abatement costs, administration fees and any additi onal actual costs incurred by the Riverside County Fire Departm ent for the abatement proceeding, including attorneys fees, if applicable.
C. Combustible Material . Rubbish, litter or material of any kind other than hazardous vegetation that is flammable and end angers the public safety by creating a fire hazard.
D. County Fire Chief
. The Fire Chief of the County of Riverside or his
designated representative , including:
1) Chiefs or Chief Engineers of all Fire Protecti on Districts within the territory of the political subdivision w ith the County where he serves, and their deputies;
2) All employees of the Riverside County Fire Dep artment Hazard Reduction Office; and
3) Such other officers as are designated by the B oard of Supervisors or the County Fire Chief.
E. Hazardous Vegetation
. Vegetation that is flammable and
endangers the public safety by creating a fire haza rd including but not limited to seasonal and recurrent weeds, stubbl e, brush, dry leaves, tumbleweeds.
F. Improved Parcel
. A portion of land of any size, the area of which is determined by the Assessor’s maps and records and m ay be Ord. 695 – Page 3
identified by an Assessor’s Parcel Number upon whic h a structure is located.
G. Person
. Natural person or corporation.
H. Structure
. Any dwelling, house, building or other type of f lammable construction including but not limited to a wood fe nce attached to or near any other structure.
I. Unimproved Parcel
. A portion of land of any size, the area of which
is determined by the Assessor’s maps and records an d may be identified by an Assessor’s Parcel Number upon whic h no structure is located.
Section 3 . DUTY TO ABATE HAZARDOUS VEGETATION. Upon receipt of a Notice of Violation and Order to Abate, it shall be the du ty of every owner, occupant, and person in control of any unimproved p arcel of land or interest therein, which is located in the unincorpo rated territory of the County of Riverside as that territory is determined and classified by the Board of Supervisors to abate there from, and from all sidewalks and parkways, except for those roads accepted into the County Maintained System, all combustible material and hazardous vege tation, that constitutes a fire hazard which may endanger or dam age neighboring property pursuant to the requirements of the Notice of Violation and Order to Abate received. No owner, occupant or person in control of any such unimproved parcel of land or interest therein shall be authorized to abate hazardous vegetation unless the owner, occupant or person has received a Notice of Violation and Order to Abate or alterna tively has been issued a grading permit pursuant to the requirements of Ordi nance No. 457. The removal of vegetation pursuant to this ordinance sh all not exceed that set forth in the Notice of Violation and Order to Abate or grading permit. The Notice of Violation and Order to Abate and any clea rance shall conform to Guidelines issued by the County Fire Chief implemen ting this ordinance, and which the Fire Chief may amend periodically.
A. The requirements of this section shall be satis fied if there is cleared pursuant to the requirements set forth in a Notice of Violation and Order to Abate by the method described in said Notice:
(1) a one hundred (100) foot wide strip of land a t the boundary of an unimproved parcel adjacent to a roadway; and/or
(2) a one hundred (100) foot wide strip of land a round structure(s) located on an adjacent improved parcel (some or all of this clearance may be required on the uni mproved parcel depending upon the location of the structure on the improved parcel).
Ord. 695 – Page 4
The County Fire Chief or his or her designee may re quire more than a one hundred (100) foot width or less th an a one hundred (100) foot width for the protection of publ ic health, safety or welfare or the environment.
The determination for appropriate clearance distanc es will be made based upon a visual inspection of the parce l and shall consider all factors that place the property or adj oining structure(s) at risk from an approaching fire. These factors sh all include local weather conditions, fuel type(s), topography, and t he environment where the property or adjoining structure(s) is located. Examples of the clearance requirements above are attached heret o as Exhibit “A” for informational purposes only.
B. Where the parcel’s terrain is such that it cann ot be disked or mowed, the County Fire Chief may require, or author ize, that other means of removal be used.
Section 4
. ENFORCEMENT, INSPECTION AND AUTHORITY TO ENTER
PROPERTY.
A. For the purpose of enforcing this ordinance, the County Fire Chief may designate any person or persons as his/her depu ty in the performance of the duties enjoined upon him/her by this ordinance, in addition to those named in Section 2.D. of this ordinance.
B. For the purpose of enforcing or administering t his ordinance, the County Fire Chief may enter any real property for t he purpose of inspecting the property or for summary abatement pr oceedings whenever the County Fire Chief is informed or has r easonable cause to believe that hazardous vegetation or combu stible material exists, constituting a condition dangerous or injur ious to the health or welfare of persons or to the public, including t he environment, is a public nuisance or is otherwise in violation of this ordinance.
C. No person shall interfere with the entry of the County Fire Chief acting in the official course and scope of his duty.
Section 5
. SUMMARY ABATEMENT PROCEEDINGS. In addition to th e authority granted by law to the County Fire Chief in exigent situations, and pursuant to California Health and Safety Code §14930 and Gov ernment Code §25845, as amended, the County Fire Chief is author ized to enter real property and summarily abate any public nuisance de termined by the County Fire Chief to constitute an immediate threat to public health or safety without prior notice or hearing.
Ord. 695 – Page 5
Section 6 . ABATEMENT PROCEEDINGS.
A. Notice of Violation and Order to Abate . If the County Fire Chief determines that any real property is being maintain ed or permitted to exist in a manner prohibited by this ordinance, the County Fire Chief shall issue a written notice to the property owner and any known person in possession of the property, of the violation and order the hazardous vegetation or combustible mater ial to be immediately abated. The notice of violation and or der to abate (“Notice/Order”) shall specify the corrective actio ns required to be taken and order the property owners and persons in possession to abate the hazardous vegetation or combustible material within thirty (30) days and state that the failure to bring the r eal property into compliance with this ordinance could subject the ow ner or persons in possession to civil, administrative and criminal penalties.
Furthermore, the Notice/Order shall provide the pro perty owner and person in possession of the opportunity to appear b efore the Riverside County Board of Supervisors and be heard prior to the abatement by the County. The failure of the notice to set forth all required contents shall not affect the validity of the abatement proceedings.
B. Manner of Giving Notice
. The County Fire Chief shall cause a copy
of the Notice/Order to be mailed or otherwise deliv ered to all known persons to be in possession and to the property own er as such person’s name and address appears on the last count y equalized assessment roll. If the address is unknown, that f act shall be so stated and the notice shall be addressed to the per son at the county seat. Service by mail shall be deemed compl ete at the time of deposit in the US mail. The failure of any pers on in possession or owner of the property to receive such notice sha ll not affect the validity of these proceedings.
C. Hearing
.
(1) Request for Hearing . Any person who is adversely affected by the Notice/Order may appeal the Notice/Order by filing a written request for a hearing with the Riverside Co unty Hazard Reduction Office within fifteen (15) calenda r days.
The request shall be postmarked within fifteen (15) calendar days of the postmark on the Notice/Order. Timely a ppeal shall stay any further action for abatement until t he date set for hearing.
If no request for a hearing is timely made, the Riv erside County Board of Supervisors herein declares that ab atement of the hazardous weeds or combustible material shall have been deemed Ord. 695 – Page 6
ordered by the Board of Supervisors as of the date of the postmark of the Notice/Order.
(2) Hearing
. Upon timely written request by the recipient of the
Notice/Order, a hearing shall be scheduled with the
Riverside County Board of Supervisors or its design ee
(hereinafter “Board”) with notice thereof mailed or otherwise delivered to the requesting person at least fourtee n (14) calendar days before the scheduled hearing. The fa ilure of any owner or occupant to receive such notice shall not affect the validity of the proceedings.
At the time fixed in the notice of hearing, the Board shall receive evidence from the County Fire Chief and the owner or person in possession of the real property in violat ion, or their representatives and any other concerned persons who may desire to present oral or documentary evidence regarding the conditions of the real property or other relevant matter, if such persons are present at the hearing. In conducting the hearing, the Board shall not be limited by the technical rules of evidence. Failure of the owner or person in possession to appear shall not a ffect the validity of the proceedings or order issued thereon.
Upon conclusion of the hearing, the Board shall make its decision and in the event it so concludes, may decl are the conditions on the real property to be in violation of this ordinance and to constitute a public nuisance. The Board may direct the owner or person in possession to abate the hazardou s vegetation or combustible material within ten (10) days after mailing and posting of the Board’s decision. The order shall i nclude notice that if the hazardous vegetation is not abated as direct ed and within ten (10) days, the County Fire Chief may abate the haza rdous vegetation and the abatement costs shall be a lien and an assessment against the real property.
The Board may grant any extension of time to aba te such conditions that it may deem justifiable upon good c ause being shown.
D. Abatement of Hazardous Vegetation or Combustibl e Material by County Fire Chief . If, at the end of the time allowed for complianc e in the original Notice/Order issued pursuant to Sec tion 6.A. above, or as set forth in an order issued by the Board after a timely request for a hearing, and compliance has not been accompli shed as directed, the County Fire Chief may order the hazar dous vegetation or other combustible material to be removed by Coun ty fire officials Ord. 695 – Page 7
or employees, or may cause the removal to be carrie d out by a private contractor selected by the County Purchasin g Agent in accordance with applicable statutes and in the mann er and under the terms specified by the Board of Supervisors.
E. Abatement Cost Recovery
. As set forth in Government Code
Section 25845, the owner and any person in possessi on of the real property upon which the hazardous vegetation or com bustible material is found to exist shall be jointly and sev erally liable for all abatement costs incurred by the County without any further hearing.
F. Notice of Abatement Costs
. At the conclusion of the abatement by
the County Fire Chief or designee, the County Fire Chief shall issue a bill setting forth the abatement costs to the own er and person in possession of the real property. The bill shall de mand payment to the County of Riverside the total abatement costs a nd
administration costs, plus attorneys’ fees, if rele vant, within fifteen (15) calendar days of its mailing.
G. Abatement Costs Specially Assessed Against the Parcel . If the
amount set forth in the Notice of Abatement Costs i s not paid upon demand by the County, the abatement costs, includin g attorneys’ fees, if applicable, shall be specially assessed ag ainst the real property pursuant to Government Code Section 22845, or by any other means provided by law. The assessment may be collected at the same time and in the same manner as ordinary Co unty taxes are collected, and shall be subject to the same pen alties and the same procedure of sale in case of delinquency as ar e ordinary County taxes.
H. Notice of Abatement Lien
. A Notice of Abatement Lien may be
recorded against the real property subject to this abatement proceeding, setting forth the date upon which abate ment of the nuisance was ordered either by notice issued by the County Fire Chief or by the Board of Supervisors after a hearin g, the date the abatement was complete and the amount of abatement costs.
Furthermore, the notice shall identify the parcel a ddress, the record owner, the possessor of the property, if known and applicable, together with the last known address of the record owner or possessor. The abatement lien shall have the same effect as recordation of an abstract of a money judgment purs uant to Article 2 of Chapter 2 of Division 2 of Title 9 of Part 2 o f the California Code of Civil Procedure (commending with § 697.310, as amended). The lien has the same priority as a judg ment lien on real property and continues in effect until released.
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I. Attorneys Fees
. Reasonable attorneys’ fees may be recovered by
the prevailing party in any civil action, administr ative proceeding or special proceeding established by this ordinance. In the event a hearing is requested pursuant to the notice describ ed above in Section 6 and the Board of Supervisors deems the re al property to be a public nuisance and orders the County Fire Chi ef to abate the hazardous vegetation or combustible material, the C ounty shall be deemed the prevailing party.
Section 7
. HEARING OFFICIAL.
A. Delegation of Authority . The Riverside County Board of Supervisors may delegate its authority to conduct the administrative abatement proceedings set forth in Section 6, above , to either of the following:
(1) The County hearing officer appointed by the B oard of Supervisors pursuant to Riverside County Ordinance No.
643 and Government Code Section 27720, as amended.
The hearing officer shall have full authority and d uty to preside over hearings in the manner set forth in Ri verside County Ordinance No. 643, as amended.
(2) A Weed Abatement Hearing Board (WAHB) designa ted
pursuant to Government Code Section 25845, as amend ed.
The WAHB shall have full authority to act and may p reside over hearings with the same authority, power and du ties of the hearing officer. The WAHB shall be comprised o f three (3) persons as follows: one (1) member shall be an officer of the Riverside County Fire Department selected by th e
County Fire Chief, (but not an employee involved in
inspecting or issuing the Notice/Order; and two (2) members shall be selected by the Board of Supervisors. Mem bers shall serve at the pleasure of the appointing entity.
B. Recommended Action
. At the conclusion of a hearing by either the
hearing officer or WAHB, a recommended decision sha ll be issued to the owner or person in possession of the real pr operty subject to the hearing, and to any other interested person pre viously requesting notice. The hearing officer or WAHB sha ll also file the recommended decision with the Board of Supervisors. The recommended decision may alter the Notice/Order in any fashion and may include an order to the owner or person in possession of the real property to abate the hazardous weeds or c ombustible material within ten (10) calendar days of issuance of the order.
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C. No Further Appeal . Upon receiving the recommended decision from either the hearing officer or WAHB, the Board of Supervisors may adopt the decision as recommended on the consen t agenda at its next regularly scheduled public Board meeting w ithout further notice or hearing, or may set the matter for a de n ovo hearing before the Board of Supervisors
Section 8
. OTHER REMEDIES. The provisions of this ordinance are to be construed as an added remedy of abatement and not in derogati on of any other civil or criminal actions or proceedings or remedies otherwise provided by law.
A. Civil Actions .
( 1) Injunctive Relief and Abatement. Whenever, in th e judgment of the County Fire Chief, any person is engaged in or about to engage in any act or practice which constitutes or will constitute a violation of any provision of this ord inance or notice or order issued pursuant hereto, the County Fire Chief may request the County Counsel or District Attorney to commence proceedings for the abatement, removal,
correction and enjoinment thereof, and requiring th e violator to pay civil penalties and/or abatement costs or in addition, be subject to criminal prosecution.
(2) Civil Remedies and Penalties. Any owner or pe rson in possession of real property who willfully violates the
provisions of this ordinance or any notice or order issued pursuant hereto shall be liable for a civil penalty not to exceed $1,000.00 for each day or portion thereof th at the violation continues to exist. In determining the am ount of the civil penalty to impose, the court shall consider a ll relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation , the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabil ities, and net worth of the violator, whether corporate or ind ividual, and any corrective action taken by the violator.
B . Criminal Actions
.
(1) It shall be unlawful for any person to violat e any provision of this ordinance. Any person violating any provision of this ordinance shall be deemed guilty of an infraction o r
misdemeanor as hereinafter specified. Such person s hall be deemed guilty of a separate offense for each and ev ery day or portion thereof during which any violation of an y provision of this ordinance is committed, continued or permitted.
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(2) Any person so convicted shall be guilty of an infraction offense and punished by a fine not exceeding one hu ndred dollars ($100) for a first violation; guilty of an infraction offense and punished by a fine not exceeding two hu ndred dollars ($200) for a second violation on the same s ite and perpetrated by the same person. The third and any
additional violations on the same site and perpetra ted by the same person shall constitute a misdemeanor offense and
shall be punishable by a fine not exceeding one tho usand dollars ($1,000) or six months in jail, or both. Payment of any penalty herein shall not relieve a person from the
responsibility for correcting the violation. Notwi thstanding the above, a first or second offense may be charged as a misdemeanor.
C . Treble Damages
. Upon a second or subsequent civil or criminal
judgment for a violation of this ordinance within a two year period the violator shall be liable to the County of River side for treble the abatement costs, in accordance with Government Code § 25845.5.
D. Notice of Noncompliance
. Whenever a Notice/Order has been
issued, the County Fire Chief may record a Notice o f
Noncompliance with the Office of the County Recorde r of Riverside County and shall notify the owner of the property o f such action.
The Notice of Noncompliance shall describe the prop erty, shall set forth the noncomplying conditions, and shall state that any abatement costs incurred by the County as a result of the violation of this ordinance may be specially assessed as a li en on the property and that the owner has been so notified.
Section 9
. SEVERABILITY. This ordinance and the various par ts, sections and clauses thereof are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitu tional or invalid, the remainder of this ordinance shall not be affected thereby.
The County Board of Supervisors hereby declares th at it would have passed this ordinance and each part thereof, regard less of the fact that one or more parts thereof be declared unconstitutional or invalid.
Section 2.
EFFECTIVE DATE . This amendment shall become effective 30 days after adoption.
Adopted:
695 Item 10.7 of 10/16/1990 (Eff: 11/15/1990)
Amended:
695.1 Item 3.7 of 04/08/1997 (Eff: 05/08/1997)
695.2 Item 3.33 of 07/02/2002 (Eff. Immediately)
Ord. 695 – Page 11
695.3 Item 3.10 of 03/20/2007 (Eff: 04/19/2007)
695.4 Item 3.33 of 06/16/2009 (Eff: 07/16/2009)
CITY OF MENIFEE
SUBJECT: Comey View Court / Comet View Court – Sun Ranch Community Street Name Discrepancy
MEETING DATE: January 17, 2024
TO: Mayor and City Council
PREPARED BY: Laura Sportelli, Management Analyst
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Rebekah Kramer, Acting City Manager
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RECOMMENDED ACTION
1. Review and provide feedback on the proposed options for the Comey View Court/Comet View Court street name discrepancy.
DISCUSSION
On August 16, 2004, Tract Map 28504 (Exhibit A), was recorded by the Riverside County Recorder’s Office, which created the Sun Ranch Community consisting of approximately 57 residential lots, as well as several public streets, including “Comey View Court”. When the community was constructed the street name sign installed by the County of Riverside was “Comet View Court”.
Over the years, 911 emergency services have experienced difficulties dispatching to the correct street addresses because the 911 database is established from the recorded Tract Map which shows the street name as Comey View Court. On June 21, 2023, the street sign reading “Comet” View Court was replaced as “Comey” View Court, due to the combined long-standing requests of the County of Riverside, Riverside Sheriff’s Office, CAL FIRE and United States Postal Service (USPS). The change to “Comey” View Court was initiated as a correction to reflect the street name as it appears on the recorded Tract Map 28504 and the Assessor’s Map (Exhibit B).
In response to the changed street name, staff received an inquiry from a resident, which prompted research into the issue. It was found that the Tract Map and Assessor’s Map identify the street name as “Comey”, the Assessor’s online map and data differ on the same site (Exhibit C); and, as far back as 2011, Google Earth images show the street sign as “Comet” View Court (Exhibit D), as does several online mapping systems. To further assist in efforts to identify options that correct the inconsistencies with the least amount of impact on the street’s 12 property owners, staff issued a letter on August 23, 2023, to reaffirm the issue and request confirmation of the
City of Menifee Staff Report
Comey / Comet View Court, Street Name Discrepancy
January 17, 2024
1 9
5 2
street name that was recorded on the residents’ official documents (i.e., title report, grant deed, tax bill, etc.). Staff received two responses to the letter and were provided with unverified utility bills and tax bills that referenced “Comey” View Court as the street name.
On October 18, 2023, City Council requested a future agenda item to review the Comey View Court / Comet View Court street name discrepancy.
At this time, staff recommends two possible options for Council discussion and consideration:
1. No change to the existing signage, “Comey” View Court, as it reflects the street name on the Assessor’s Map and the recorded Tract Map. Provide notification to the residents to assist in diminishing further impacts to those residents whose personal documents may reference “Comet” View Court; or
2. Officially change the street name to “Comet” View Court through recordation of a revised Tract Map and notify emergency services and the USPS of the change. Provide prior notification to the residents to assist in diminishing further impacts to those residents whose personal documents may reference “Comey” View Court.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community / Connectivity and Mobility
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Exhibit A – Recorded Tract Map 28504
2. Exhibit B – Riverside County Assessor’s Map
3. Exhibit C – Riverside County Assessor’s Data
4. Exhibit D – Google Earth Image
EXHIBIT A
Recorded Tract Map 28504
EXHIBIT B
Riverside County Assessor’s Map
EXHIBIT C
Riverside County Assessor’s Data
EXHIBIT D
Google Earth Image
CITY OF MENIFEE
SUBJECT: 2024 Mayor Pro Tem Appointment
MEETING DATE: January 17, 2024
TO: Mayor and City Council
PREPARED BY: Sarah Manwaring, City Clerk
REVIEWED BY: Sarah A. Manwaring, City Clerk
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Discuss and appoint the 2024 Mayor Pro Tem.
DISCUSSION
The adopted City Council Code of Ethics – Chapter 2.2 outlines the Mayor Pro Tem’s appointment, powers, and duties. The selection of Mayor Pro Tem occurs annually by majority vote of the City Council during the Council’s reorganization meeting.
In the Mayor’s absence, the Mayor Pro Tem performs the duties of the Mayor, including but not limited to, serving as the presiding officer of the City Council meetings and representing the City at ceremonial events. The Mayor Pro Tem is also responsible for the selection of the Annual Initiative (or theme) to be included in the City’s annual budget book, displayed at the City’s annual Fourth of July event, and used throughout the fiscal year in City communications, press, and events.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. City Council Code of Ethics
CITY OF MENIFEE
ADOPTED
JULY 15, 2020
UPDATED
JANUARY 18, 2023
CITY
COUNCIL
CODE OF
ETHICS
1Table of Contents
CITY COUNCIL CODE OF ETHICS
ADOPTED 07/15/2020
Table of Contents Page
CHAPTER 1—FORM OF GOVERNMENT
1.1 Form of Government ........................................................................................................2 CHAPTER 2—COUNCIL POWERS AND RESPONSIBILITIES
2.1 City Council Generally .....................................................................................................3
2.2 Mayor and Mayor Pro Tem—Appointment, Power, and Duties .............................3
2.3 Council Actions ..................................................................................................................4
2.4 Councilmember Committees .........................................................................................4
2.5 Establishment and Appointment of Council Advisory Bodies ..............................5 CHAPTER 3—LEGAL AND ETHICAL STANDARDS
3.1 Preamble .............................................................................................................................6
3.2 Public Interest ....................................................................................................................6
3.3 Conduct ...............................................................................................................................6
3.4 Conflict of Interest .............................................................................................................7
3.5 Compliance and Enforcement—All Rules .................................................................15
3.6 AB 1234—Required Ethics Training ............................................................................16 CHAPTER 4—COMMUNICATIONS
4.1 Wri tten Communications ................................................................................................17
4.2 Request for Staff Resources ..........................................................................................17
4.3 Relationship/Communications with Staff ...................................................................17
4.4 Council Relationship/Communication with Council Advisory Bodies ...............18
4.5 Handling of Litigation and Other Confidential Information ..................................18
4.6 Representing an Official City Position .......................................................................18
4.7 Quasi-Judicial Role/Ex Parte Contacts ......................................................................19
4.8 No Attorney-Client Relationship ..................................................................................19 CHAPTER 5—COUNCIL ADVISORY BODIES
5.1 Commissions, and Committees Generally ..............................................................20
5.2 Commission, and Committee Organization and Conduct................................... 20
5.3 Commission, and Committee Appointments ...........................................................21
5.4 Commissions, and Committees—Vacancy of Office ..............................................21
5.5 Commissions, and Committees - Removal ...............................................................21 CHAPTER 6—MEETINGS
6.1. R alph M. Brown Act .......................................................................................................22
6.2 Regular Meetings ...........................................................................................................22
6.3 Special and Emergency Meetings .............................................................................22
6.4 Meeting Agendas ...........................................................................................................22
6.5 Agenda Packets ............................................................................................................. 23 CHAPTER 7—COUNCIL FINANCIAL MATTERS
7.1 Comp ensation .................................................................................................................24
7.2 Benefits .............................................................................................................................24
7.3 City Council Budget and Expenses ...........................................................................24 2 Chapter 1 - Form of Government
CHAPTER 1—FORM OF GOVERNMENT
1.1 Form of Government
1.1.1 The City of Menifee municipal government operates under a council-manager form of government as established by the City Municipal Code.
1.1.2 Under this form of government, the Council provides legislative direction, sets City policy and monitors its execution by City staff. The City Manager serves as the City’s chief administrative officer and is responsible for directing the day-to-day operations of the City.
1.1.3 The key provisions that outline City of Menifee’s council-manager form of government are found in Chapter 2.08 of the City Municipal Code.
“The City Manager shall be the administrative head of the government of the city under the direction and control of the City Council, except as otherwise provided in this chapter. The City Manager shall be responsible for the efficient administration of all affairs of the city which are under his or her control.” The City Manager shall be expected and shall have the power as stated in section 2.08.060 of the Menifee Municipal Code.
Specifically, the Menifee Municipal Code includes the following provisions:
1.1.3.1 The City Manager shall appoint, remove, promote and demote any and all officers and employees of the city, except elected officers and the City Attorney, and specifically including the City Clerk and the City Treasurer (although the City Manager may serve in these positions as well), subject to all applicable personnel rules and regulations which may be adopted by the city.
1.1.3.2 The City Council and its members shall deal with the administrative services of the city only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager.
1.1.3.3 For purposes hereof, INQUIRY means any and all communications short of giving orders, directions or communications short of giving orders, directions or instructions to any member of the administrative staff.
NOTE: See Chapter 4, Communications, for additional information regarding communications with staff.
3Chapter 2 - Council Powers and Responsibilities
CITY COUNCIL CODE OF ETHICS
ADOPTED 07/15/2020
CHAPTER 2—COUNCIL POWERS AND RESPONSIBILITIES
2.1 City Council Generally
2.1.1 The City Council has the power, in the name of the City, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants, which are not specifically prohibited by the constitution, the City Municipal Code, or State or Federal laws.
2.1.2 The Council acts as a body. Policy is established by majority vote. A decision of the majority binds the Council to a course of action. The Council majority may be a majority of the quorum of the Council.
2.1.3 No Councilmember has extraordinary powers beyond those of other members (except as may otherwise be provided in State law). All members, including the Mayor, have equal powers.
2.1.4 No member of the Council is permitted to hold any other City office or City employment (except as may otherwise be provided in the City Municipal Code).
2.2 Mayor and Mayor Pro Tem—Appointment, Power, and Duties
2.2.1 The selection of Mayor Pro Tem occurs annually in December, during the Council’s “Reorganization” meeting by majority vote of the City Council.
2.2.2 The Mayor Pro Tem is responsible to select the Annual Initiative (or theme) to be included in the City’s annual budget book, displayed at the City’s annual Fourth of July event, and used throughout the fiscal year in City communications, press, and events.
2.2.3 The Mayor is the presiding officer of the City Council. In the Mayor’s absence, the Mayor Pro Tem shall perform the duties of the Mayor.
2.2.4 The Mayor, in partnership with the Council District Representative, is the official head of the City for all ceremonial purposes.
2.2.5 The Mayor may perform such other duties consistent with the mayoral office as may be prescribed by the City Municipal Code or as may be imposed by the Council.
2.2.6 The Mayor does not possess any power of veto.
2.2.7 The Mayor, or Council designee, coordinates with the City Manager in the review of agendas for meetings of the City Council. The complete agenda setting process is outlined in City Council Policy No. 1: Rules of Decorum and Procedure for the Conduct of City Council Meetings. 4 Chapter 2 - Council Powers and Responsibilities
2.2.8 The Mayor Pro T em serves at the pleasure of the Council and can be replaced at any time by a majority vote of the Council.
2.3 Council Actions
2.3.1 L egislative actions by the City Council can be taken by means of ordinance, resolution, or minute action duly made and passed by the majority (unless otherwise provided).
2.3.2 Public actions of the Council are recorded in the minutes of the City Council meeting. The City Clerk is required to make a record only of business actually passed upon by a vote of the Council and is not required to record any remarks of Councilmembers or of any other person, except at the special request of a Councilmember, with the consent of the Council.
2.3.3 Actions of the Council concerning confidential property , personnel, and/or legal matters of the City are to be reported consistent with State law.
2.4 Councilmember Committees (R efer to City Council Policy No. 2 – Regional Boards and Regional Commissions – Assignments and R eporting.)
2.4.1 The City Council may organize itself into standing and/or special/ad hoc committees of the Council to facilitate Council review and action regarding certain matters referred to them by the City Council or in accordance with City Council Policy No. 2, City Council Standing Committees, Regional Boards and Regional Commissions – Assignments and Reporting.
2.4.2 All work undertak en by a Councilmember committee must originate with the Council or as permitted under City Council Policy No. 2. All actions of committees shall be reported to the Council.
2.4.3 The Council may create or dissolve standing committees at any time by the affirmative vote of a majority of the Council.
2.4.4 The Mayor annually appoints members to standing committees at the annual Council R eorganization in December.
2.4.5 The Council or the Mayor may create special or ad hoc committees. The Mayor appoints members to special or ad hoc committees.
2.4.6 The Council may dissolve special or ad hoc committees.
2.4.7 If permitted by the R alph M. Brown Act, other members of the Council not assigned to a committee may attend meetings of a committee, as an observer, however, they shall be seated with the audience and may not participate in any manner or address the committee. 5Chapter 2 - Council Powers and Responsibilities
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2.4.8 If an absence is anticipated on a committee and that absence may impede the work of the committee, the assigned alternate member will attend in the committee member’s place. If the alternate member is not available, the committee chair or other member may request that the Mayor designate another member of the Council to attend for the absent member and serve as an alternate member of the committee, provided that the member’s attendance, in the opinion of the City Attorney, will comply with the Brown Act. The term for service by the alternate member will be the term designated in the appointment, or for one meeting, if no term is specified.
2.5 Establishment and Appointment of Council Advisory Bodies
2.5.1 The Menifee Municipal Code establishes a Planning Commission and a Parks, Recreation and Trails Commission.
2.5.2 The City Council may establish by ordinance or resolution, commissions and committees to assist the Council in making its policy decisions.
2.5.3 The rules of procedure and code of conduct that govern the City Council apply with equal force to all Commissions and Council advisory bodies.
6 Chapter 3 - Legal and Ethical Standards
CHAPTER 3—LEGAL AND ETHICAL STANDARDS
3.1 Preamble
The residents and businesses of Menifee are entitled to have fair, ethical, and accountable local government.
Such a government requires that public officials:
• Comply with both the letter and the spirit of the laws and policies affecting operations of the government; • Be independent, impartial, and fair in their judgment and actions; • Use their public office for the public good, not for personal gain; and • Conduct public deliberations and processes openly, unless legally confidential, in an atmosphere of respect and civility.
To this end, the Menifee City Council has adopted a code of ethics to encourage public confidence in the integrity of local government and its fair and effective operation.
This City Council code of ethics shall reside in two documents—the City Council Code of Ethics and the City Council Personal Code of Ethics. The City Council Code of Ethics and the Personal Code of Ethics shall not be interpreted to conflict with other rights and responsibilities of public officials set forth in this code or Federal, State, or local law. The City Council Code of Ethics shall be considered to be the definitive document relating to ethical conduct by City of Menifee Councilmembers. The Personal Code of Ethics shall be considered a summary of the full City Council Code of Conduct.
3.2 Public Interest
3.2.1 R ecognizing that stewardship of the public interest must be their primary concern, Councilmembers shall work for the common good of the people of Menifee and not for any private or personal interest. Councilmembers must endeavor to treat all members of the public and issues before them in a fair and equitable manner.
3.2.2 Councilmembers shall comply with the laws of the nation, the S tate of California, and the City in the performance of their public duties. These laws include, but are not limited to: the United States and California constitutions; the City of Menifee Municipal Code; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and City ordinances and policies.
3.3 Conduct
3.3.1 Councilmembers shall refrain from abusive conduct, personal charges, written, verbal, or public, and continuous attacks upon the character or motives of other members of the City Council, commissions, committees, City Manager, City Manger’s staff, City Attorney, or the public.
3.3.2 Councilmember duties shall be performed in accordance with the processes and rules of order established by the City Council.
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3.3.3 Councilmembers shall inform themselves on public issues, listen attentively to public discussions before the body, and focus on the business at hand.
3.3.4 Council decisions shall be based upon the merits and substance of the matter at hand.
3.3.5 It is the responsibility of Councilmembers to publicly share substantive information that is relevant to a matter under consideration that they have received from sources outside of the public decision-making process with all other Councilmembers and the public prior to taking action on the matter.
3.3.6 When needed, at the discretion of the City Manager, appropriate City staff should be involved when Councilmembers meet with officials from other agencies, jurisdictions, or any project applicant to ensure proper staff support as needed and to keep staff informed.
3.3.7 Councilmembers shall not attend internal staff meetings or meetings between City staff and third parties unless invited by City staff or directed by Council to do so.
3.3.8 Policy Role
3.3.8.1 Councilmembers shall respect and adhere to the council- manager structure of Menifee City government as provided in State law and the City Municipal Code.
3.3.8.2 Councilmembers shall support the maintenance of a positive and constructive environment for residents, businesses, and City employees.
3.3.9 Implementation
3.3.9.1 Ethics standards shall be included in the regular orientations for City Council candidates.
Councilmembers entering office and upon reelection to that office shall sign a City Council Personal Code of Ethics statement (Attachment 1) affirming they have read and understand this Menifee City Council Code of Ethics.
3.4 Conflict of Interest
3.4.1 In order to assure their independence and impartiality on behalf of the public good, Councilmembers are prohibited from using their official positions to influence government decisions in which they have a financial interest or where they have an organizational responsibility or a personal relationship that would present a conflict of interest under applicable State law.
3.4.2 In accordance with State law, Councilmembers must file annual written disclosures of their economic interests.
3.4.3 Councilmembers shall not take advantage of services or opportunities for personal gain by virtue of their public office that are not available to the public in general. 8 Chapter 3 - Legal and Ethical Standards
3.4.4 Councilmembers shall respect and preserve the confidentiality of information provided to them concerning the confidential matters of the City. They must neither disclose confidential information without proper legal authorization nor use such information to advance the personal, financial, or private interests of themselves or others.
3.4.5 City Councilmembers should avoid any action that could be construed as, or create the appearance of, using public office for personal gain, including use of City stationery or other City resources to obtain or promote personal business.
3.4.6 Public resources not available to the general public (e .g., City staff time, equipment, supplies, or facilities) shall not be used by Councilmembers for private gain or personal purposes.
3.4.7 In k eeping with their role as stewards of the public interest, Councilmembers shall not appear on behalf of the private interests of a third party before the City Council or any commission, or committee or proceeding of the City, except as permitted by law.
3.4.8 T o the best of their ability, Councilmembers shall represent the official policies and positions of the City Council. When presenting their personal opinions or positions publicly, members shall explicitly state they do not represent the Council or the City.
3.4.9 City of Menifee City Municipal Code Provisions
3.4.9.1 Financial Interests in City Contracts Prohibited.
No officer or employee of the City shall become financially interested except by testate or intestate succession, either directly or indirectly, in any contract, sale, purchase, lease, or transfer of real or personal property to which the City is a party or be employed by any public service corporation regulated by or holding franchises in the City.
3.4.9.2 Nepotism.
Consistent with Human Resources Policy HR-15 (Nepotism) and Section 11 of the Personnel Rules (Relatives Working for the City), no person who is a relative of any City Council Member, City Commissioner shall be appointed to a position within the City organization. For these purposes a “relative” is someone related by blood or marriage within the second degree (i.e., parent, child, brother, sister, mother, father, grandchild, grandparent, uncle, aunt) to a City Council Member or City Commissioner.
3.4.9.3 P olitical Activities Prohibited; Discrimination.
This provision provides that:
1. Councilmembers shall not ask employees to take an active part in any municipal or other political campaign, while in uniform or during the employee’s working hours. 9Chapter 3 - Legal and Ethical Standards
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2. No employee shall Councilmembers shall not seek or accept contributions for or against a candidate or issue from employees, while they are in uniform or during the employee’s work hours..
3. Councilmembers shall not ask an employee to seek or accept signatures to any petition for or against any such candidate or issue during his or her work hours.
4. No person in the classified service shall be employed, promoted, demoted, or discharged or in any way favored or discriminated against because of political opinions or affiliations or because of race or religious belief.
5. For purposes of this section, the term “employee” shall include contract employees and consultants who function as City employees.
3.4.10 Menifee City Code Provisions
3.4.10.1 Use of City Property—Limited to L awful Business of City.
No person or persons other than City officials or employees shall use any City-owned equipment, tools, or paraphernalia other than for the purpose of conducting the lawful business of the City.
3.4.10.2 Use of City Property for Private Purposes by City Official, Employee , etc.
No City official, City employee, or other person shall borrow, take, or remove any City-owned equipment, tools, or paraphernalia for private use.
3.4.10.3 Use of City Property—L oan, etc., by City Official, Employee, etc.
No City official, City employee, or any other person shall lend, give, or transfer possession of such City-owned equipment, tools, or paraphernalia to any other City official, employee, or any other person with knowledge that the same shall be used for private purposes.
3.4.11 California S tate Law Regarding Conflicts
Four key areas of California State law regulate the ethics of public officials.
3.4.11.1 Constitutional prohibitions
State law strictly forbids elected and appointed public officials from accepting free or discounted travel from transportation companies. The penalty for a violation includes the forfeiture of office.
10 Chapter 3 - Legal and Ethical Standards
3.4.11.2 Contractual conflicts of interest
This prohibition, found in Government Code Section 1090, applies to elected and appointed officials as well as other City staff members. It prohibits the City from entering into a contract if one of its members (i.e., a Councilmember) is financially interested in the contract. If the bar (or prohibition) applies, the agency is prohibited from entering into the contract whether or not the official with the conflict participates or not. In some limited circumstances, officials are allowed to disqualify themselves from participation and the agency may enter into the contract.
Financial interest has been defined to include employment, stock/ownership interests, and membership on the board of directors of a for-profit or nonprofit corporation, among others.
Violations can be charged as a felony. A person convicted of violating Government Code Section 1090 is prohibited from ever holding public office in the State.
3.4.11.3 P olitical Reform Act—Conflicts of Interest
The Political Reform Act (PRA) was adopted by the voters in 1974 and is the primary expression of the law relative to conflicts of interest (and campaign finance) in California. The Act created the Fair Political Practices Commission (FPPC), a five-member State board which administers the Act.
The Act and the regulations are complex and are continuously subjected to official interpretation. The following synopsis of
key parts of the Act will be helpful in spotting issues; however, the FPPC and/or City Attorney should be consulted for further advice and clarification.
With respect to conflicts of interest, the FPPC has promulgated a regulation which establishes an analysis which assists in determining whether a public official is participating in a government decision in which they have a qualifying financial interest and whether it is reasonably foreseeable that the decision will have a material financial effect on the public official’s financial interest, which is distinguishable from the effect the decision will have on the public generally.
3.4.11.3.1 If a member has a conflict of interest regarding a particular decision, they must refrain from making or participating in the making of a decision unless otherwise permitted by law.
If a public official has a financial interest that gives rise to a conflict of interest, one of the key determinations in the eight-step analysis is to determine whether or not the public official is “participating in” or “making” a governmental decision.
3.4.11.3.1.1 A public official mak es a government decision when they do the following:
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• V ote on a matter.
• Appoint a person.
• Obligate or commit his or her agency to any course of action.
• Enter into any contractual agreement on behalf of his or her agency.
• Determine not to act in certain circumstances.
3.4.11.3.1.2 A public official participates in making governmental decisions when acting within the authority of his or her position, they do the following:
• Negotiate without significant substantive review with a governmental entity or private person regarding a
governmental decision.
• Advise or mak e recommendations to the decision-maker either directly or without significant intervening substantive review by:
— Conducting research or an investigation which requires the exercise of judgment on the part of the official
and the purpose of which is to influence governmental
decisions; or
— Preparing or presenting any report, analysis, or opinion orally or in writing which requires the exercise of
judgment on the part of the official and the purpose of which is to influence a governmental decision.
3.4.11.3.2 When a public official has a qualifying financial interest, that official may not use their office or otherwise attempt to influence governmental decisions or make appearances or contacts on behalf of a business entity, client, or customer.
3.4.11.3.3 If an official has a qualifying financial interest, there are nevertheless exceptions which allow a public official to make an appearance before an agency in very limited circumstances. The one that is most commonly encountered is an appearance by a public official to represent himself or herself with respect to a proposed project or change in their neighborhood.
If the appearance is permitted under State law, the appearance is limited to appearing at a public meeting at the podium and addressing a commission, or the City Council. The official may not contact members of staff, the City Manager, or City Attorney, or discuss the matter with other Councilmembers.
A public official with a conflict cannot interact with staff on that issue other than to ask questions, pay fees, etc.
12 Chapter 3 - Legal and Ethical Standards
3.4.11.3.4 P olitical Reform Act—Gifts, etc.
Qualifying gifts of $50 or more must be reported on an official’s Statement of Economic Interest (SEI). In addition, the Political Reform Act imposes a limit on gifts a local official can receive. The dollar amount of the gift limit is modified every odd year to reflect changes in the Consumer Price Index.* There are various exceptions that apply to whether or not a gift is a “qualifying gift.” In some instances, the gift limit does not apply (e.g., wedding gifts); however, the obligation to report the gift typically does apply. • A gift is a payment made by any person of anything of value, whether tangible or intangible, real or personal property, a good or service that provides a personal
benefit to an official when the public official does not provide goods or services of equal or greater value. It can include forgiveness of a debt, a rebate or discount unless the rebate or discount is made through the regular course of business to members of the public.
• There are e xceptions to gifts for informational material, gifts that are returned unused, gifts from relatives— close family, campaign contributions, home hospitality, benefits commonly exchanged, reciprocal exchanges, acts of neighborliness, bona fide dating relationship, acts of human compassion, ceremonial role, etc.
• There are specific regulations for how gifts are valued, particularly with the value of tickets and passes and
attendance at dinners and events.
• Gifts can be given to the public agency and they are not charged as gifts to an individual who may use the gift (e.g., tickets) provided the express terms of the appropriate
regulation are satisfied.
3.4.11.3.4.1 T ravel Reimbursements
The Political Reform Act contains
extensive regulations on travel
reimbursements; however, travel
payment by one’s own public agency as
part of your official duties are typically
exempt. Reimbursement from other
entities (other than transportation
companies) within California and
outside of California are subject to very
specific rules.
* The gift limit can be found in Government Code §89503. 13Chapter 3 - Legal and Ethical Standards
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3.4.11.3.4.2 Honoraria
Honoraria are defined as a payment
made in return for giving a speech,
writing an article, or attending a public or
private conference, convention, meeting,
social event, meal, or similar gathering.
Honoraria should be distinguished
from campaign funds that go into that
person’s campaign or to a political party.
Campaign funds cannot be used for
personal benefit.
• Local elected officials or candidates
may not accept honoraria. A
local agency employee who is
required to file a Statement of
Economic Interest (Form 700) may
not accept honoraria from any
source requiring disclosure on a
public official’s SEI. There
are approximately 12 exceptions to
honoraria, including payments made
for comedic, theatrical, and musical
performances; income from bona
fide personal services in connection
with teaching, practicing law, etc.;
and travel, lodging, and subsistence
in connection with a speech, limited
to the day before, day of, and day
after within the United States.
• The e xceptions for income from
personal services in connection with
teaching and practicing law do not
apply if the sole or predominant
activity is giving speeches.
3.4.11.3.4.3 P olitical Reform Act—Mass Mailings
A mass mailing is defined as 200 or
more substantially similar pieces of mail
sent at public or private expense by a
public official within a calendar month.
14 Chapter 3 - Legal and Ethical Standards
• Sent at Private Expense—If sent for a
political purpose, sender must place
the name and address on the outside
of the envelope.
• Sent at Public Expense—These
mailings are subject to strict
limitations. For example, the mailing
may not contain the name or pictures
of elected officials except as part
of the standard letterhead, and
within the confines of that regulation
they cannot be of different size
or otherwise emblazoned on the
mailing. Because the rules are
complex, staff should be consulted
for assistance.
3.4.11.3.4.4 P olitical Reform Act—Enforcement
The FPPC can assess administrative
fines and penalties for violation of
the Act. The District Attorney and the
State Attorney General may prosecute
violators as civil or criminal matters.
Violators may also be removed from
office pursuant to Government Code
Section 3060.
3.4.11.4 Common L aw Conflicts of Interest
This is the judicial expression of the public policy against public officials using their official position for private benefit. An elected official bears a fiduciary duty to exercise the powers of office for the benefit of the public and is not permitted to use those powers or their office for the benefit of any private interest. This common law doctrine continues to survive the adoption of various statutory expressions of conflict law.
3.4.11.5 Appearance of Impropriety
When participation in action or decision-making as a public official does not implicate the specific statutory criteria for conflicts of interest; however, participation still does not “look” or “feel” right, that public official has probably encountered the appearance of impropriety.
NOTE: State laws governing conflicts of interest are written to ensure that actions are taken in the public interest. These laws are very complex. Councilmembers should consult with the City Attorney, their own attorney, or the Fair Political Practices Commission for guidance in advance. 15Chapter 3 - Legal and Ethical Standards
CITY COUNCIL CODE OF ETHICS
ADOPTED 07/15/2020
For the public to have faith and confidence that government authority will be implemented in an even-handed and ethical manner, public officials may need to step aside even though no technical conflict exists. An example is where a long-term nonfinancial affiliation exists between the public official and an applicant or the applicant is related by blood or marriage to the official. For the good of the community, members who encounter the appearance of impropriety should step aside.
3.5 Compliance and Enforcement—All Rules
Councilmembers take an oath when they assume their office in which they promise to uphold the laws of the State of California, the City of Menifee, and the United States of America. Consistent with this oath is the requirement of this Council policy to comply with the laws as well as report violations of the laws and policy of which they become aware.
3.5.1 Any suspected violation or alleged violation by a Councilmember must be reported to the City Attorney. In the case of a City staff member making the report regarding a Councilmember, the report should be made to the City Manager who will then report it to the City Attorney. Upon report, the City Manager and City Attorney will follow the protocols for addressing the violation or alleged violation:
3.5.1.1 If the City Manager and City Attorney agree that the violation or alleged violation is minor in nature, either the City Manager or City Attorney may contact the individual Councilmember and advise the member of the concern and seek to resolve the matter.
3.5.1.2 In implementing the provisions of this section, the City Attorney will be authorized to conduct all inquiries and investigations as necessary to fulfill their obligation.
3.5.1.3 For purposes of Sections 3.5.1.1 and 3.5.1.2, the incident or violation is not minor if it involves the injury or potential injury to any person (e.g., physical, emotional, defamation, harassment, etc.), significant liability to the City or the probability for a repeat occurrence.
3.5.2 Councilmembers wishing to report a suspected violation by a staff member should report it to both the City Manager and City Attorney.
3.5.3 This policy and the protocols set forth are alternatives to any remedy that might otherwise be available or prudent. In order to ensure good government, any individual, including the City Manager and City Attorney, who believes a violation may have occurred is hereby authorized to report the violation to other appropriate authorities.
3.5.4 These same protocols may be utilized for any suspected violations or alleged violations by a Council advisory body member. In addition to those protocols, the City Manager or City Attorney may also refer the matter to the City Council if further action is needed. 16 Chapter 3 - Legal and Ethical Standards
3.6 AB 1234—R equired Ethics Training
AB 1234 requires elected or appointed officials who are compensated for their service or reimbursed for their expenses to take two hours of training in ethics principles and laws every two years. It is the City’s policy to emphasize the importance of ethics in government and although not required, it is highly encouraged that all advisory body members, including Committees and Commissions, adhere to the same requirements. The training must occur within two months of assuming office and be renewed within two months of the expiration of the current certificate.
The training must cover general ethics principles relating to public service and ethics laws including:
• L aws relating to personal financial gain by public officials (including bribery and conflict of interest laws); • L aws relating to office-holder perks, including gifts and travel restrictions, personal and political use of public resources, and prohibitions against gifts of public funds; • Governmental transparency laws, including financial disclosure requirements and open government laws (the Brown Act and Public Records Act);
• Laws relating to fair processes, including fair contracting requirements, common law bias requirements, and due process.
3.6.1 Enforcement
• Noncompliant Council or advisory body members may not attend conferences or training (e xcept ethics training), using tickets provided through the City’s ticket distribution program at the City’s expense, during the period of noncompliance;
• Should noncompliance by an advisory body member continue for 30 days without substantiated extenuating circumstances such as illness, disability, family tragedy, etc., the City Clerk is directed to bring the matter to the City Council for consideration of removing the advisory body member from service on their respective body; and
• Training deadlines may be temporarily postponed for noncompliant advisory body members who are temporarily unable to fulfill their duties, including attending scheduled meetings. Training must be completed within 60 days of returning to service. 17Chapter 4 - Communications
CITY COUNCIL CODE OF ETHICS
ADOPTED 07/15/2020
CHAPTER 4—COMMUNICATIONS
4.1 Written Communications
4.1.1 Written communications addressed to the City Council and all commission legislative bodies are to be referred to the City Clerk for:
Forwarding to the Council and Commissioners with their agenda packet, or place in their in-box.
4.2 Request for Staff Resources
4.2.1 Council requests for research or other staff work must be directed to the City Manager, or to the City Attorney if regarding legal matters.
If more than one hour of staff time will be required to complete the task/project, the item will be agendized to ask the City Council if time should be spent on preparing a report on the proposed item.
Staff responses prepared to Council inquiries shall be distributed to all City Councilmembers through the Council monthly update.
4.3 Relationship/Communications with Staff
Staff serves the City Council, through the authority of the City Manager, as a whole, therefore:
4.3.1 A Councilmember shall not direct staff to initiate any action, change a course of action, or prepare any report. A Councilmember shall not initiate any project or study without the approval of the majority of the Council.
4.3.2 Councilmembers shall not attempt to pressure or influence discussions, recommendations, workloads, schedules, or department priorities absent the approval of a majority of the Council.
4.3.3 When preparing for Council meetings, Councilmembers should direct questions ahead of time to the City Manager during Council briefings so that staff can provide the desired information at the Council meeting.
4.3.4 Any concerns by a member of the City Council regarding the behavior or work of a City employee should be directed to the City Manager privately to ensure the concern is resolved. Councilmembers shall not reprimand employees directly nor should they communicate their concerns to anyone other than the City Manager.
4.3.5 Councilmembers may direct routine inquiries to the City Manager.
4.3.6 Councilmembers serving on Council committees or as the City’s representative to an outside agency may interact directly with City staff assigned to that effort as the City Manager’s designee. The City staff member so designated and assigned will keep the City Manager appropriately informed. 18 Chapter 4 - Communications
4.3.7 Soliciting political support from staff (e.g., financial contributions, display of posters or lawn signs, name on support list, etc.) is prohibited. City staff may, as private citizens with constitutional rights, support political candidates, but all such activities must be done away from the workplace and may not be conducted while in uniform.
4.4 Council Relationship/Communication with Council Advisory Bodies
4.4.1 Councilmembers shall not attempt to pressure or influence commission, or committee decisions, recommendations, or priorities absent the approval of the majority of the Council. However, a majority vote of the City Council can authorize a work item for an advisory body under certain circumstances.
4.5 Handling of Litigation and Other Confidential Information
4.5.1 All written materials and verbal information provided to Councilmembers on matters that are confidential and/or privileged under State law shall be kept in complete confidence to ensure that the City’s position is not compromised. No disclosure or mention of any information in these materials may be made to anyone other than Councilmembers, the City Attorney, or City Manager.
4.5.1.1 Confidential materials provided in preparation for and during Closed Sessions shall not be retained and electronic copies must be deleted or documents returned to staff at the conclusion of the Closed Session.
4.5.1.2 Confidential materials provided to Councilmembers outside of Closed Sessions must be destroyed, deleted, or returned to staff within thirty (30) days of their receipt.
4.5.1.3 Councilmembers may not request confidential written information from staff that has not been provided to all Councilmembers.
4.6 Representing an Official City Position
4.6.1 City Councilmembers may use their title only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether they are exceeding or appearing to exceed their authority.
4.6.2 Once the City Council has taken a position on an issue, all official City correspondence regarding that issue will reflect the Council’s adopted position.
4.6.3 In most instances, the Council will authorize the Mayor, at a public City Council meeting, to send letters stating the City’s official position to appropriate legislators.
4.6.4 If any Councilmember would like to prepare a letter, the City Manager must authorize it.
4.6.5 If a member of the City Council appears before another governmental agency organization to give a statement on an issue affecting the City, the Councilmember should indicate the majority position and opinion of the Council.
19Chapter 4 - Communications
CITY COUNCIL CODE OF ETHICS
ADOPTED 07/15/2020
4.6.6 Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not reflect the official position of the City Council.
4.7 Quasi-Judicial Role/Ex Parte Contacts
The City Council has a number of roles. It legislates and makes administrative and executive decisions. The Council also acts in a quasi-judicial capacity or “like a judge” when it rules on various permits, licenses, and land use entitlements.
In this last capacity, quasi-judicial, the Council holds a hearing, takes evidence, determines what the evidence shows, and exercises its discretion in applying the facts to the law shown by the evidence. It is to these proceedings that the rule relative to ex parte contacts applies.
4.7.1 Ex Parte Contacts/Fair Hearings. The Council shall refrain from receiving information and evidence on any quasi-judicial matter while such matter is pending before the City Council or any agency, board, or commission thereof, except at the public hearing.
As an elected official, it is often impossible to avoid such contacts and exposure to information. Therefore, if any member is exposed to information or evidence about a pending matter outside of the public hearing, through contacts by constituents, the applicant or through site visits, the member shall disclose all such information and/or evidence acquired from such contacts, which is not otherwise included in the written or oral staff report, during the public hearing, and before the public comments period is opened.
Matters are “pending” when an application has been filed. Information and evidence gained by members via their attendance at noticed public hearings before subordinate boards and commissions are not subject to this rule.
4.8 No Attorney-Client Relationship
Councilmembers who consult the City Attorney, his or her staff, and/or attorney(s) contracted to work on behalf of the City cannot enjoy or establish an attorney-client relationship with said attorney(s) by consulting with or speaking to same. Any attorney-client relationship established belongs to the City, acting through the City Council, and as may be allowed in State law for purposes of defending the City and/or the City Council in the course of litigation and/or administrative procedures, etc. 20 Chapter 5 - Council Advisory Bodies
CHAPTER 5—COUNCIL ADVISORY BODIES
5.1 Commissions, and Committees Generally
5.1.1 The City of Menifee City Municipal Code establishes the following commissions to advise the City Council, and adopted resolutions establishing the following committees:
• Planning Commission
• P arks, Recreation , and Trails Commission
• Senior Advisory Committee
• Measure DD Oversight Committee
• Menifee Citizens Advisory Committee
5.1.2 The City Municipal Code authorizes the City Council to establish additional advisory boards and commissions to assist the Council in its policy decisions. The City Council has the inherent power to create committees.
5.1.3 City commissions, and committees (collectively “ Council advisory bodies”) do not set or establish City policy or administrative direction to City staff.
5.1.4 Appointments to commissions and committees are made by each City Councilmember , in his or her sole discretion. Appointees to Council advisory bodies serve at the pleasure of the City Council.
5.1.5 Commissions typically have broader policy and advisory responsibilities than committees, which typically have much more focused advisory roles to the Council, such as Senior Advisory and Measure DD Committees.
5.2 Commission and Committee Organization and Conduct
5.2.1 Annually , each commission and committee elects one of their members to serve as the presiding officer or chair.
5.2.2 Commissions, and Committees established by the City Council shall hold regular and special meetings as may be required. The conduct of commission and committee meetings are governed by the same rules of policy and procedure as the City Council.
5.2.3 Commissions, and Committees should comply with all applicable open meeting and conflict-of- interest laws of the State.
5.2.4 Upon appointment or reappointment, Council advisory body members shall sign affirming they have read and understand this City of Menifee City Council Code of Ethics. 21Chapter 5 - Council Advisory Bodies
CITY COUNCIL CODE OF ETHICS
ADOPTED 07/15/2020
5.3 Commission, and Committee Appointments
5.3.1 The City requires that members of City commissions be qualified electors of the City (resident of City of Menifee and United States citizen).
Appointments will provide, as nearly as possible, a representative balance of the broad population of the City. All appointees should bring the skill, integrity, knowledge, interest, and commitment to evaluating issues in the broad context of the public interest.
5.3.2 The term of office for each commission and committee member generally expires upon office of the same term as the appointing City Councilmember, or Mayor.
5.3.3 The City Clerk provides application forms and maintains a composite listing of all applications on file which have been received.
5.3.4 The City Clerk solicits applications for vacancies in accordance with the procedures outlined in Government Code section 54974.
5.3.5 Persons being considered for appointment (or reappointment) may be interviewed at least once to qualify for appointment.
5.4 Commissions, and Committees—Vacancy of Office
5.4.1 If a member of a commission or committee is absent from three regular meetings of such commission or committee consecutively or from six regular meetings within a calendar year, or is convicted of a fraud, bribery, embezzlement, corruption, or any like crime involving dishonesty or abuse of trust (collectively, “crimes of moral turpitude”), or ceases to be a qualified elector and resident of the City, that office shall become vacant upon the declaration of Council. The Council may, for good cause, determine that a vacancy has been created.
5.4.2 Resignations may be submitted at any time to the City Council either directly or through the commission or committee chair. Resignations are effective upon submittal.
5.4.3 Upon notice of a vacancy, the Council Appointments shall initiate the appointment procedure detailed in City Council, Commission, and Committee Appointments, leading to a recommendation to the City Council for a successor of such vacancy and the successor will be appointed to serve only to the date of the unexpired term pursuant the City Municipal Code.
5.5 Commissions, and Committees—Removal
5.5.1 A Commissioner, or Committee member is subject to removal by motion of the City Council adopted by at least a simple majority of votes, or by the Councilmember which made the appointment. 22 Chapter 6 - Meetings
CHAPTER 6—MEETINGS
6.1. Ralph M. Brown Act
All meetings of the City Council, standing Councilmember committees, and Council advisory bodies are governed by the Ralph M. Brown Act (Government Code 54950 et seq.). The City Council views the Brown Act as a minimum set of standards and in several respects, the City’s open meeting requirements meet or exceed the requirements of the Brown Act.
If any member of a City legislative body, or City staff, believe that action has been taken on an item in contravention of the Brown Act, that person is privileged to place the item on a future agenda for reconsideration and/or action.
6.2 Regular Meetings
6.2.1 City Council Policy No. 01 establishes the Rules of Decorum and Procedures for the Conduct of City Council Meetings. The policy outlines the order of agenda items, rules of procedure and decorum.
The policy applies to the Planning Commission and other City committees and commissions subject to the Brown Act and shall apply to the City Council Chambers or any other location where a meeting subject to these rules takes place.
6.3 Special and Emergency Meetings
6.3.1 Pursuant to the Ralph M. Brown Act, the Council may also hold special or emergency meetings as deemed necessary.
6.4 Meeting Agendas
6.4.1 Preparation of Agendas
6.4.1.1 Council agendas and supporting information are prepared by the City Manager and City Clerk.
6.4.1.2 For Council advisory bodies and Councilmember committees, agendas and supporting information are prepared by the supporting City department to the Council advisory body or Councilmember committee as directed by the City Manager. 23Chapter 6 - Meetings
CITY COUNCIL CODE OF ETHICS
ADOPTED 07/15/2020
6.4.2 Placing Items on Agendas
6.4.2.1 Council Agendas
6.4.2.1.1 The City Manager in conjunction with staff shall have the primary responsibility for placing matters on the City Council agenda in accord with the identified City needs and scheduling.
6.4.2.1.2 All regular City Council Agendas shall include an item entitled "Future Agenda Requests from Councilmembers." Members of the City Council shall generally use this opportunity to request items be placed on the agenda. If a member of the City Council requests items be placed on the agenda and receives the support of at least one other member of the Council, that item will be placed on a future agenda through the agenda setting process.
6.5 Agenda Packets
6.5.1 Agenda packets are to be made available at City Hall, the City Clerk’s Office, the City’s web site (www.cityofmenifee.us), and at the Council meeting.
Regular Council meeting agendas, minutes, and staff reports are generally available beginning the Friday evening before each Council meeting.
NOTE: Also refer to City Council Policy No. 01, Rules of Decorum and Procedures, which sets forth the rules of procedure for the conduct of City business.
6.4.2.1.3 In an event that a member of the City Council wishes to request an item be be placed on the agenda outside the regular City Council agenda process, that request shall be communicated to the City Manager for consideration and scheduling in accord with the agenda setting process described in the Rules of Decorum.
24 Chapter 7 - Council Financial Matters
CHAPTER 7—COUNCIL FINANCIAL MATTERS
7.1 Compensation
7.1.1 Pursuant to Section 2.04.040 of the City of Menifee City Municipal Code, each Councilmember will receive a monthly salary.
7.1.2 The Mayor receives a monthly salary equal to the salary of a Councilmember plus an additional $100 per month.
7.1.3 The City Council has no power to increase its salary by ordinance, resolution, or motion.
7.2 Benefits
7.2.1 The California Government Code provides that Councilmembers may receive health, retirement, and other benefits.
7.2.2 City-funded medical, dental, optical, and life insurance plan benefits are provided; the same as offered to staff.
7.3 City Council Budget and Expenses
7.3.1 City Council Policy No. 02, Reimbursement of Expenses for City Business for Elected or Appointed Officials and City Employees, provides policy guidance regarding Council expenditures for equipment, supplies and communications; travel; local expenses; and expenses charged against the City Council budget.
26 Chapter 7 - Council Financial Matters
New. Better. Best.
CITY OF MENIFEE
SUBJECT: 2024 Appointments to Council Subcommittees and Regional Boards and Commissions
MEETING DATE: January 17, 2024
TO: Mayor and City Council
PREPARED BY: Sarah Manwaring, City Clerk
REVIEWED BY: Sarah A. Manwaring, City Clerk
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Discuss and ratify appointments of City Council representatives to City Council Subcommittees and Regional Boards and Commissions in keeping with City Council Policy No. 2.
DISCUSSION
During the annual City Council reorganization, the City Council reviews the designated representatives and alternates to various subcommittees and regional boards and commissions for the calendar year. Attachment 1 includes a list of the established Council subcommittees and regional boards and commissions to which members of the City Council have been appointed.
Along with consideration of Council appointments for the calendar year, this review provides an opportunity to consider the addition or exclusion of City representation on identified regional boards and commissions.
In addition to the established regional boards and commissions, the City has been invited to appoint a representative and an alternate to the Southwest Elected Collaborative Group (Collaborative). Representatives from the cities located in Southwest Riverside County including the cities of Canyon Lake, Menifee, Murrieta, Temecula, and Wildomar along with representatives from the Riverside County Board of Supervisors and California State Legislature serving the region have been invited to participate in the Collaborative. The identified focus of the Collaborative includes engaging in dialogue with agencies such as the Riverside County Transportation Commission, Riverside Transit Agency, Riverside County, and the San Diego Association of Governments to advocate for the interests of residents and businesses located in Southwest Riverside County. The Coalition meetings are currently held on the third Thursday of the month at 12 p.m.
City of Menifee Staff Report
2024 Council Subcommittees and Regional Boards and Commissions January 17, 2024
1 9
9 4
City Council Policy No. 2 states that, “appointments shall be made by the Mayor and the Council shall ratify such appointments by majority vote.” Following the review and appointment of representatives for the established Council subcommittees and regional boards and commissions in keeping with the adopted policy, the City Clerk will notify the various agencies of any changes made for the 2024 calendar year.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. 2023 Regional Committee and Commissions
2. City Council Policy No. 2
Updated: 12/15/2022
City of Menifee
2023 City Council Standing and Ad Hoc Committees,
Regional Boards and Regional Commissions Roster
Agency/Board Meeting dates and times Representative(s) or Board Member(s) Alternate
Riverside County Transportation
Commission (RCTC)
2nd Wednesday of each
month
9:30 a.m.
Zimmerman Deines
Western Riverside Co.
Programs & Projects Committee
4th Monday of each month
1:30 p.m. Zimmerman Deines
Western Riverside Council of
Governments Executive
Committee (WRCOG) and
WRCOG TUMF Zone
1st Monday of each month
2:00 p.m.
Karwin
Sobek
Western Riverside Regional
Conservation Authority
(WRCRCA)
1st Monday of each month
12:30 p.m. Sobek Estrada
Riverside County Habitat
Conservation Agency (RCHCA)
3rd Thursday, various
months
11:30 a.m.
Sobek Estrada
Riverside Transit Agency (RTA)
4th Thursday of each
month
2:00 p.m.
Deines Karwin
Southern California Association
of Governments (SCAG)
Annual General Assembly
(May) Estrada Deines
Menifee Global Medical Center
Advisory Board As Needed Deines Zimmerman
Loma Linda Hospital Advisory
Board
Monthly - Wednesdays
(dates TBD)
12:00 p.m.
Sobek Deines
Menifee Chamber of Commerce
4th Thursday of each
month
8:30 a.m.
Zimmerman Karwin
Southwest Communities
Financing Authority (Animal
Friends of the Valley)
Biannual - 1st Thursday of
May/ October
2:00 p.m.
Deines Sobek
Updated: 12/15/2022
Council Standing Committees Meeting Dates and Times Members Finance Committee As needed Deines, Sobek
City & School Districts Committee Annual – Prior to start of new school year Sobek, Karwin
Council Ad Hoc Committee Purpose Members
Economic Development Ad Hoc
Committee
Review and provide guidance to
Economic Development Department on
key projects/initiatives as needed for the
year
Zimmerman, Karwin
Parks Ad Hoc Committee
Review and provide input regarding
opportunities for collaboration between
agencies regarding parks and
recreational facilities operated by Valley-
Wide Recreation and Park District within
Menifee city limits
Zimmerman, Sobek
Sphere of Influence Ad Hoc Committee
Collaboration with the County of
Riverside, Winchester-Homeland
Municipal Advisory Council (MAC), and
associations in relation to the
infrastructure and services required to
support growth and development in the
unincorporated areas of Riverside County
to the east of the Menifee city limits
Zimmerman, Deines
Policy CC-02, Page 1 of 3
CITY OF MENIFEE
City Council Policy
Policy Number: CC-02
Approving Authority:
City Council
Subject
City Council Standing Committees, Regional Boards and
Regional Commissions --
Assignments and Reporting
Effective Date: 10/21/2008
Last Modified: 12/15/2022
1.0 PURPOSE
The purpose of this Policy is to provide for annual confirmation or adjustment of Council member appointments t o Council standing committ ees, Regional Boards and Regional Commissions and to establish regular and routine communication of the actions of such Regional Boards and Regional Commissions by the representatives to them.
2.0 SCOPE / BACKGROUND
The scope of this policy applies to all elected and appointed officials representing the City of Menifee on various committees, commissions or boards.
3.0 POLICY
The City Council annually, or otherwise as necessary, assigns its Members to various City Standing Comm ittees as well as Regional Boards and Regional Commissions where a City representative and alternate is required. These Standing Committees, Regional Boards and Regional Commissions meet at different times of each month or year. The chair of each Standing Committee will report its recommendations and actions at each Council Meeting. Likewise, the responsibility for communicating the City’s interests rests with each individual City Council Member who will report after each meeting of the Regional Board or R egional Commission, whenev er scheduled, or otherwise as necessary to update or obtain consent from the City Council for any position to be taken by the Council, or other action of the Council as appropriate.
Designation of Standing Committees: The City Council hereby creates the following Standing Committees that shall have duties as provided in this Policy or otherwise determined by the City Council. Each Standing Committee shall consist of two Council members appointed as set out in this Policy.
A. Finance and Investment Committee, which will study matters relating to budget, financial impacts, and investments and make recommendations to the Council as a whole.
Policy CC-02, Page 2 of 3
B. City & School Districts Committee, which meets annually prior to start of school year
In addition to such Standing Committees, the Mayor from time to time may create ad hoc committees and appoint two Council members to each such ad hoc committee.
4.0 PROCEDURE
Annually, at the Council’s organizational meeting (the first meeting in December or other date as de termined by the Council), the City Council shall review Standing Committee, Regional Boards and Regional Commission assignments.
No later t han two weeks before that meeting the City Clerk shall circulate a list of Standing Committees, Regional Board and Regional Commissions showing the duties, compensation, meeting times and the current Council representative and alternate.
In advance of the organizational meeting, each Council member (as an informational matter), shall indicate on tha t list whether h e or she wishes to remain on the same Standing Committees, Regional Board or Regional Commission or whether he or she wishes to change. Each Council member then shall provide a copy to the City Clerk.
Along with the agenda materials for the organizational meeting, the City Clerk shall provide the list with any annotations from Council members.
Appointment:
The Mayor shall be responsible fo r appointing the Council representatives to each Standing Committee, Regional Board or Regional Com mission, includ ing t he Mayor himself or herself.
In the event that no Council members indicate an interest in a Standing Committee, Regional Board or Regional Commission, the Mayor may appoint a Council member.
The appointments shall be made by the Mayor and the Council shall ratify such appointments by majority vote.
All assignments take effect January 1 of the following year. Notwithstanding, such assignments may also be reviewed and/or changed throughout the year as the need arises. A representative or alternate may be removed without cause and without his or her consent by majority vote of the City Council.
City Council meetings are the avenue for City Council Members to report on their various assignments. Standing Committees, Regional Boards and Regional Commis sions will be listed on the City Council agenda under the name of the representative.
5.0 RESPONSIBILITIES
• The City Manager and City Clerk will coordinate, track and facilitate the appointments.
Policy CC-02, Page 3 of 3
• The City Council makes all appointments according to this policy.
6.0 DEFINITIONS
Appointment: To select or designate a representative to fill an office or a position.
Revision History
Revision No.
Date
Approved Approved By: Comments
0 10/21/2008 City Council Original Policy
1 6/08/2011 City Council Modified Policy
2 12/15/2022 City Council Modified Policy